Over against these musty claims of Portugal there stood the offers of "The International Association of the Congo" to bring the blessings of free trade and civilisation to downtrodden millions of negroes, if only access were granted from the sea. The contrast between the dull obscurantism of Lisbon and the benevolent intentions of Brussels struck the popular imagination. At that time the eye of faith discerned in the King of the Belgians the ideal godfather of a noble undertaking, and great was the indignation when Portugal interfered with freedom of access to the sea at the mouth of the Congo. Various matters were also in dispute between Portugal and Great Britain respecting trading rights at that important outlet; and they were by no means settled by an Anglo-Portuguese Convention of February 26 (1884), in which Lord Granville, Foreign Minister in the Gladstone Cabinet, was thought to display too much deference to questionable claims. Protests were urged against this Convention, by the United States, France, and Germany, with the result that the Lisbon Government proposed to refer all these matters to a Conference of the Powers; and arrangements were soon made for the summoning of their representatives to Berlin, under the presidency of Prince Bismarck.
Before the Conference met, the United States took the decisive step of recognising the rights of the Association to the government of that river-basin (April 10, 1884)--a proceeding which ought to have secured to the United States an abiding influence on the affairs of the State which they did so much to create. The example set by the United States was soon followed by the other Powers. In that same month France withdrew the objections which she had raised to the work of the Association, and came to terms with it in a treaty whereby she gained priority in the right of purchase of its claims and possessions. The way having been thus cleared, the Berlin Conference met on November 15, 1884. Prince Bismarck suggested that the three chief topics for consideration were (1) the freedom of navigation and of trade in the Congo area; (2) freedom of navigation on the River Niger; (3) the formalities to be thenceforth observed in lawful and valid annexations of territories in Africa. The British plenipotentiary, Sir Edward Malet, however, pointed out that, while his Government wished to preserve freedom of navigation and of trade upon the Niger, it would object to the formation of any international commission for those purposes, seeing that Great Britain was the sole proprietory Power on the Lower Niger (see Chapter XVIII.)[458]. This firm declaration possibly prevented the intrusion of claims which might have led to the whittling down of British rights on that great river. An Anglo-French Commission was afterwards appointed to supervise the navigation of the Niger.
The main question being thus concentrated on the Congo, Portugal was obliged to defer to the practically unanimous refusal of the Powers to recognise her claims over the lower parts of that river; and on November 19 she conceded the principle of freedom of trade on those waters. Next, it was decided that the Congo Association should acquire and hold governing rights over nearly the whole of the vast expanse drained by the Congo, with some reservations in favour of France on the north and Portugal on the south. The extension of the principle of freedom of trade nearly to the Indian Ocean was likewise affirmed; and the establishment of monopolies or privileges "of any kind" was distinctly forbidden within the Congo area.
An effort strictly to control the sale of intoxicating liquors to natives lapsed owing to the strong opposition of Germany and Holland, though a weaker motion on the same all-important matter found acceptance (December 22). On January 7, 1885, the Conference passed a stringent declaration against the slave-trade:--". . . these regions shall not be used as markets or routes of transit for the trade in slaves, no matter of what race. Each of these Powers binds itself to use all the means at its disposal to put an end to this trade, and to punish those engaged in it."
The month of February saw the settlement of the boundary claims with France and Portugal, on bases nearly the same as those still existing. The Congo Association gained the northern bank of the river at its mouth, but ceded to Portugal a small strip of coast line a little further north around Kabinda. These arrangements were, on the whole, satisfactory to the three parties. France now definitively gained by treaty right her vast Congo territory of some 257,000 square miles in area, while Portugal retained on the south of the river a coast nearly 1000 miles in length and a dominion estimated at 351,000 square miles. The Association, though handing over to these Powers respectively 60,000 and 45,000 square miles of land which its pioneers hoped to obtain, nevertheless secured for itself an immense territory of some 870,000 square miles.
The General Act of the Berlin Conference was signed on February 26, 1885. Its terms and those of the Protocols prove conclusively that the governing powers assigned to the Congo Association were assigned to a neutral and international State, responsible to the Powers which gave it its existence. In particular, Articles IV. and V. of the General Act ran as follows:--
Merchandise imported into these regions shall remain free from import and transit dues. The Powers reserve to themselves to determine, after the lapse of twenty years, whether this freedom of import shall be retained or not.
No Power which exercises, or shall exercise, sovereign rights in the above mentioned regions shall be allowed to grant therein a monopoly or favour of any kind in matters of trade. Foreigners, without distinction, shall enjoy protection of their persons and property, as well as the right of acquiring and transferring movable and immovable possessions, and national rights and treatment in the exercise of their professions.
Before describing the growth of the Congo State, it is needful to refer to two preliminary considerations. Firstly, it should be noted that the Berlin Conference committed the mistake of failing to devise any means for securing the observance of the principles there laid down. Its work, considered in the abstract, was excellent. The mere fact that representatives of the Powers could meet amicably to discuss and settle the administration of a great territory which in other ages would have provoked them to deadly strifes, was in itself a most hopeful augury, and possibly the success of the Conference inspired a too confident belief in the effective watchfulness of the Powers over the welfare of the young State to which they then stood as godfathers. In any case it must be confessed that they have since interpreted their duties in the easy way to which godfathers are all too prone. As in the case of the Treaty of Berlin of 1878, so in that of the Conference of Berlin of 1885, the fault lay not in the promise but in the failure of the executors to carry out the terms of the promise.
Another matter remains to be noted. It resulted from the demands urged by Portugal in 1883-84. By way of retort, the plenipotentiaries now declared any occupation of territory to be valid only when it had effectively taken place and had been notified to all the Powers represented at the Conference. It also defined a "sphere of influence" as the area within which one Power is recognised as possessing priority of claims over other States. The doctrine was to prove convenient for expansive States in the future.
The first important event in the life of the new State was the assumption by King Leopold II. of sovereign powers. All nations, and Belgium not the least, were startled by his announcement to his Ministers, on April 16, 1885, that he desired the assent of the Belgian Parliament to this proceeding. He stated that the union between Belgium and the Congo State would be merely personal, and that the latter would enjoy, like the former, the benefits of neutrality. The Parliament on April 28 gave its assent, with but one dissentient voice, on the understanding stated above. The Powers also signified their approval. On August 1, King Leopold informed them of the facts just stated, and announced that the new State took the title of the Congo Free State (L'État indépendant du Congo)[459].