Correspondence and Report from His Majesty's Consul at Boma Respecting the Administration of the Independent State of the Congo [and Further Correspondence]

by Roger Casement

Whereas, consequently, any supplementary examination relative to the said circumstances would be absolutely useless in the interest of the defence;

Whereas, in the case of the expedition against the Banga, the presence in that expedition of the Chief of Police, Jamart, with fifty soldiers of the State is not denied, and it is, moreover, proved that the accused acted throughout on that occasion in perfect accord with the former; whereas it remains, therefore, to be determined whether the presence and the authorization of these representatives of authority may be taken as justifying the action of the accused;

Whereas it is a principle, expressly recognized by the codes on which our legislation is based, that, in order to exclude the idea of an offence, it is not enough that the action may have been ordered by the Executive authorities, but it is necessary also that it should be prescribed by the law;

Whereas there is no doubt in the present instance that it is a case of offences against common law, that is to say, of manslaughter committed for a private purpose with the object of forcing the natives to supply labour or produce;

Whereas although the restoring of order has been occasionally vaguely mentioned it is clearly shown by the evidence of all the witnesses, and even by the reports addressed by the accused to the Director of the Company, and by his letters to the officers of the district, that, in committing these acts of hostility against the natives, he only had in view the interest of his Company’s trade, and more especially the increase in the amount of rubber collected;

Whereas, even if there could be any doubt as to the nature of the previous expedition against the Gwakas, no doubt can exist in this respect in connection with the facts which are the subject of the prosecution;

Whereas, in any case, it is a well-established fact that at the time these acts took place order had in no way been disturbed, either at Liboké or among the Banga; that it does not appear that the victims of these actions had committed any other fault than that of failing to furnish the Company with the amount of labour required by it;

On the other hand, seeing that the sole fact of not having paid the taxes, even if they had been legally due (which they were not in this case, because no law had yet authorized their collection), could not justify such sanguinary measures;

In the present instance it is still less possible to speak of war-like acts, because to attack peaceable people and to fire upon single and inoffensive individuals is certainly not making war;

Whereas it is proved by the evidence of the witnesses, and by the statements of the accused himself, that on no occasion during these events did the natives attack or commit any sort of hostile act;