“The practical question to which they give an affirmative answer, for reasons which appear to be indisputable, is this: Can independent chiefs of several tribes cede to private citizens the whole or part of their State, with the sovereign rights which pertain to them, conformably to the traditional customs of the country?
“The doctrine advanced in this proposition, and so well sustained by these writers, accords with that held by the Government of the United States, that the occupants of a country, at the time of its discovery by other and more powerful nations, have the right to make the treaties for its disposal, and that private persons when associated in such a country for self protection, or self government, may treat with the inhabitants for any purpose that does not violate the laws of nations.”
After a patient investigation of all the facts bearing upon the Congo question, the United States Senate passed a resolution, April 10th, 1884, authorizing the President to recognize the International African Association as a governing power on the Congo River. This recognition by the United States was a new birth for the Association, whose existence had been menaced by England’s treaty with Portugal. The European powers, whose protest had thus far been impotent, now ably seconded the position taken by this country, and the result was a re-action in English sentiment, which bade fair to secure such modification or interpretation of the Portuguese
treaty as would secure to the Congo Free State the outlet of the Congo River.
A conference of the nations interested in the new State, and the trade of the Congo, was called at Berlin, November 15, 1884. The German Empire, Austria, Belgium, Denmark, Spain, France, Great Britain, Italy, Portugal, Russia, Sweden and Norway, Turkey and the United States, were represented. Prince Bismarck formally opened the Conference by declaring that it had met to solve three problems.
(1) The free navigation, with freedom of trade on the River Congo.
(2) The free navigation of the River Niger.
(3) The formalities to be observed for valid annexation of territory in future on the African continent.
The above propositions opened up a wide discussion. It was wonderful to see the development of sentiment respecting the power of the International Association and its territorial limits in Africa. England could not stand discussion of her rights on the Niger, and the better to protect them, or rather to withdraw them from the arena of debate, she gave full recognition to the International Association. Germany and Austria both recognized the flag of the Association. France treated with the Association respecting the boundaries of her possessions on the north. Portugal followed with a treaty by which the Association obtained the left, or south bank of the Congo from the sea to the Uango-Ango. All the other powers present recognized the Association and signed the Convention with it.
Now for the first time in history there was a Congo Free State de jure and de facto. It had legal recognition and rights, and took its place among the empires of the world. Geographically it had bounds, and these are they: