Chapter VII (2)

DECLARATION BETWEEN GREAT BRITAIN AND THE CONGO FREE STATE, WITHDRAWING ART. III OF THE AGREEMENT OF 12TH MAY, 1894, RESPECTING THE TERRITORY BETWEEN LAKE TANGANYIKA AND LAKE ALBERT EDWARD.

_Brussels, 22nd June_, 1894.

DECLARATION.

In compliance with the request made by His Majesty the King of the Belgians, Sovereign of the Independent State of the Congo, that the Government of Her Britannic Majesty will consent to the withdrawal of Art. III. of the Agreement of the 12th May, 1894, the Undersigned, duly authorised by their respective Governments, agree that the said Article be withdrawn.

Done, in duplicate, at Brussels, the 22nd day of June, 1894.

F. R. PLUNKET.

EDMOND VAN EETVELDE.

(5.)

AGREEMENT _re_ TRIBES BETWEEN KHOR BARAKA AND RED SEA.

With a view to establishing in a permanent manner the dependence of the semi-nomadic tribes which exist on the frontier between the Baraka and the Red Sea, and to determining precisely the frontier separating the Italian and Egyptian territory in this region, H.E. Ferik Sir Herbert Kitchener, Pasha, Sirdar of the Egyptian Army, and H.E. Cavaliere Oreste Baratieri, Lieut. General, Governor of the Colony of Eritrea, authorised by their respective Governments have agreed to the following articles:—

I. In the district between the Red Sea and the Baraka, the frontier line between Egypt and Eritrea shall follow a line which, starting from Ras Kasar joins the principal branch of the Karora about 2 kilom. from the coast, and follows the course of the Karora up to a point marked Karora on the map. The frontier then follows the watershed between the torrents Aiet and Merib on the north and the torrents Falkat and Sela on the south, up to a point on the plateau of Hagar Nush, to be fixed by the delineators, and from that point so fixed shall proceed to join the Baraka at a point which is also left to the delineators to establish, following a clearly determined natural line. From the Baraka, the line of frontier goes straight to the intersection of the 17th parallel north with the 37th meridian east of Greenwich.

II. The semi-nomadic tribes on the frontier known as the Hazerandowa (Ad-Azeri), Felunda (Aflenda), Beit Maleh, and Rashaida, together with the sections of the Beni Amer at present acknowledging the authority of Sheikh Idris Hamen, are recognised as dependent on the Egyptian Government; and the Beni Amer acknowledging Sheikhs Ali Husseid, and Mahmud Sherif, as well as the Hababs, are recognised as dependent on the Government of Eritrea.

III. The two Governments bind themselves to concede reciprocally, reserving themselves the power of imposing a moderate tax in payment, rights of pasturage and cultivation in their respective territories to such alien tribes as apply for the concession through their respective Governments. Such concession shall be limited only by the requirements of public safety and by the needs of other local tribes dependent on the Government giving the concession.

IV. The two Governments bind themselves reciprocally to oppose as far as is practicable, and without necessarily having recourse to force, the settlement in their respective territories of tribes who may cross the frontier in consequence of rebellion or defection of their chiefs.

In the interests of public tranquility, the two Governments further bind themselves to take into consideration according to the circumstances of each case, the expediency of total or partial disarmament of the tribes on the frontier, due allowance being made for the requirements of their defence.

Each of the two Governments, however, reserves to itself full liberty to decide upon the measures which it shall take in its own territory, both as regards the means of opposing the immigration of rebellious tribes, and in respect to the time, method and extent of the disarmament to which this article refers.

(Signed) HERBERT KITCHENER, _Sirdar_.

Asmara,
_25th June_, 1895.

(Signed) GENERALE O. BARATIERI.

_7th July_, 1895.

(6.)

ERITREA-SUDAN FRONTIER BETWEEN RAS KASAR AND THE KHOR BARAKA,
AS SETTLED BY THE PARSONS-MARTINI AGREEMENT, SIGNED AT ASMARA,
7TH DECEMBER, 1898.

Being desirous of determining the Sudan and Italian frontier between Ras Kasar and Baraka, and thus ratifying the Kitchener-Baratieri Convention of the 7th July, 1895, the undersigned, El Lewa Parsons Pasha, Governor of Suakin and Commandant of Kassala Station, on behalf of His Highness the Khedive of Egypt; and Chevalier Ferdinando Martini, Extraordinary Civil Commissioner of the Colony of Eritrea, on behalf of His Majesty the King of Italy, have agreed as follows:—

Art. I. Starting from the Cape of Ras Kasar on the Red Sea the frontier between the Sudan and Eritrea follows a line which, following the heights of Halabai (Halibai) and Gaba Keli (Gabei-Helli) joins the bed of the Karora (Carora) and ascends the latter to the heights of Tefleinai (Teflanait), whence _viâ_ Abbeinedu mountain it reaches the watershed between the valleys of Karora (Carora) and Tabbeh (Tabeh) on the south and the Aitara (Aitera) and Areirib (Arerib) on the north, it then runs in a westerly direction along the above-mentioned watershed to the hillock of Mashonkole (Sciancolet), and thence by the slopes of Sigat Alim (Sigat Tellim) it reaches a little to the north of Roribet mountain, the plateau of Hagar Nush (Nusch); thence it follows its northern edge to the summit of Hamoiet (Hamoet) and along the Hafta (Afta) torrent to the wells of the same name, thence to Jebel Aar (Monte Haar) over the undulating region which forms the watershed between the middle course of the Ambakta (Ambacta) and the Lui (Loi) torrent; from that rocky region it proceeds to the Baraka (Barca) and joins it at its confluence with the Ambakta (Ambacta) following the slopes which limit on the north the lower portion of this last named valley.

Art. II. Two Commissioners, delegated one by the Egyptian Government, and the other by the Italian Government, will proceed within six months to demarcate the frontier by erecting boundary pillars.

Done at Asmara in duplicate, in Italian and Arabic, on the 7th day of December, 1898.

(Signed) CHARLES PARSONS, PASHA.

(Signed) MARTINI.

(Names in brackets as spelt in Italian version—G.)

(7.)

DELIMITATION OF FRONTIER BETWEEN ERYTHRÆA AND THE EGYPTIAN-SUDAN.

From the point of junction of the Ambakta with the Baraka, the line of frontier follows the course of the latter (Baraka) up-stream to its junction with the Khor Dada, and then turning in a westerly direction follows the Dada throughout its course to its source at the foot of the Iskénié range of hills.

The line now turns southwards and follows the watershed between the streams flowing directly to the Baraka on the east and those flowing to the Gash and Langeb on the west. This watershed is defined by the Iskénié Koreb and Yaet (Tai-yé) ranges of hills, by Jebel Meesat and finally by Jebel Benefer.

From Jebel Benefer the line of frontier passes in almost a direct line to the Sabderat range, being defined south of Jebel Benefer by the low hill Tedelaié, by Jebel Afada-Gumbib, by the hills Gelmabai and Dobadob, and finally by the peak called Deberenis on the Sabderat range.

From Deberenis the line crosses the Sabderat range by Jebel Eunice to the peak called Kwasana, and thence crosses Khor Sabderat to a point on the range of hills south of the Khor.

This point has been marked by a pillar.

The cliff of Shababit is left in Sudanese territory.

W. J. WALTER.

CAPT. W. MEYER.

BONGIOVANNI SIMONE.

Sabderat,

_1st June_, 1899.

(The above is the sense of the original British and Italian versions combined: they are not exact translations of each other.—G.)

(8.)

GENERAL DESCRIPTION OF THE FRONTIER BETWEEN THE SUDAN AND ERITREA
FROM SABDERAT TO TODLUC. (_With Map._)

Commencing from the last pillar erected in 1899 by Major Walter and Captain Bongiovanni on the south of the Kassala-Sabderat road, the boundary runs in a southerly direction practically in a straight line to Jebel Anderaib, situated about 3 kilom. from the right bank of the Gash; from there it runs nearly due west to a point on the Gash south of Jebel Gulsa, which it leaves entirely in Sudan territory; from the right bank of the Gash it runs straight to the highest point of Jebel Abu Gamal.

[221][From Jebel Abu Gamal it proceeds in a straight line to a point in latitude 14° 52′ north, on the right bank of the Atbara in the small district of El Egeiri, which is bounded on the north by the districts of El Yoya and El Rumeila, and on the south by that of El Alim.]

[221][From this point it ascends the deepest channel of the Atbara till it reaches its junction with the Setit, where it leaves the Atbara and ascends the deepest channel of the Setit to a point between the districts of El Gereiish and Abuda.]

[221][From here it proceeds in a straight line on a true bearing of about 56° east of north to Todluc, leaving within the territory of Eritrea the group of low hills known as Jebel Alaklai.]

Done in double original at Todluk, the 16th day of April, 1901.

(Signed) M. G. TALBOT, _Miralai,
Commissioner for the Sudan_.

(Signed) GIUSEPPE COLLI DI FELIZZANO,
_Tenente Piemonte Reale
Cavalleria incaricato per il
Governo dell’ Eritrea_.

(9.)

DESCRIPTION OF THE LINE AGREED UPON FOR THE RECTIFICATION OF
THE BOUNDARY BETWEEN THE ANGLO-EGYPTIAN SUDAN AND THE COLONY OF
ERYTHRÆA. (_With Map._)

The rectified boundary shall run from the highest summit of Jebel Abu Gamal to the highest point of the group of low hills known as El Burak, situated on the magnetic bearing of 175° from Abu Gamal and 14 kilometres distant.

From El Burak it shall run in a straight line to the eastern ridge of the Koraiteb Hills, passing through the highest rock of this ridge, the highest of the whole group, and leaving to the Sudan the water-holes in the Koraiteb Rocks to the west of this line. The Sudan Government, however, shall allow Erythræan subjects with caravans from Sogada to Noggara, or _vice versâ_, or engaged in collecting gum in Erythræan territory, to use these water-holes. This privilege shall not be extended to hunters in Erythræan territory.

Between El Burak and Koraiteb, owing to the necessity of avoiding the tracts of pathless bush so frequently met with in this waterless area, the Commission was compelled to keep to the west of the direct line. It was, consequently, impossible to do more than to ascertain that the little hill of Murawi, the ridge of Ginjar, or Wad Ganjar, and the pond or marsh of Um Sagit, lie within Sudan territory without constituting them boundary points.

From Koraiteb the boundary shall pass in a straight line to the conspicuous clump of trees surrounded by stones at the western end of the hill known as J. Nuwar, and from there, on a magnetic bearing of 166°, to the road cleared this winter by Bimbashi Savile between Umbrega and El Hafeira, and striking it on the ridge between Wad Mizammil and El Hafeira at a distance of about 520 metres, measured along the track from the point where it crosses the nearest water channel immediately west of the ridge.

The right of passage between the hills of J. Nuwar and J. El Batiota, as through the area known as El Makhram El Batiota, shall be enjoyed by the subjects of both Governments.

From the above-mentioned point on the Umbrega-El Hafeira road, now marked by a blazed “heglig” tree on the north side of the road, the boundary shall run straight to the bend of the Setit immediately opposite the mouth of the Khor Royan.

(Signed) M. G. TALBOT, _Colonel, Commissioner for the Sudan_.

Umbrega Camp,

_February_ 18, 1903.

Copy given to the Erythræan Commissioner.—M. G. T.

(10.)

DECLARATION REGARDING THE SETTLEMENT OF THE
ABYSSINIAN-SUDANESE-ERYTHRÆAN FRONTIERS.

It is agreed that, in order to complete the delimitation of the frontier between the Anglo-Egyptian Sudan and Erythræa, a line shall be drawn from Abu Gamal (_see_ Talbot-Colli map) to be eventually demarcated by special delegates in accordance with geographical features, in a southerly direction as far as the junction of the Khor Um Hagar with the River Setit. (_See_ Talbot-Colli map 36° 37′ east long.)

The territory to the east of this line which has been recognised as Sudanese territory by the Emperor Menelik shall be transferred, subject to his consent, to Erythræa.

The parallelogram west of this line and north of the Tomat-Todluk line shall be ceded by Italy to the Sudan.

As a consequence of this arrangement the boundary line between the Sudan and Abyssinia from the Setit to Matamma shall be deflected towards the west, so as to leave on the Abyssinian side Nogara and the trade-route from Gondar northwards towards Erythræa.

The British and Italian Agents in Abyssinia will work together in concert to obtain from the Emperor Menelik in return for this extension of the Abyssinian boundary, a zone of territory to the East of Todluk-Maieteb line, which will give to Erythræa the whole of the Kunama tribe up to the Mareb.

Should these negotiations, after a reasonable lapse of time, prove unsuccessful, negotiations shall be resumed in Rome between the Italian and British delegates with the object of tracing the boundary between the Anglo-Egyptian Sudan and Abyssinia on the basis of the Todluk-Ombrega or Maieteb-Jebel Obar lines, whilst, as regards the boundary between the Sudan and Erythræa, the _status quo ante_ of the territory North of the Tomat-Todluk line shall be preserved.

The arrangement contemplated in the present declaration shall be regarded as secret until the consent of the Emperor Menelik has been obtained.

Done at Rome, this twenty-second day of November, in the year one thousand nine hundred and one.

(Signed) F. MARTINI. RENNELL RODD.

G. AGNESA. GLEICHEN, _Kaimakam_.

F. CICCODICOLA. J. L. HARRINGTON.

A. BODRERO.

(11.)

SABDERAT AGREEMENT.

Between the undersigned:—Colonel John Collinson, C.B., Mudir of Kassala, on the part of the Anglo-Egyptian Government, and Chevalier Ferdinando Martini, Royal Commissioner of Eritrea, on the part of the Government of His Majesty the King of Italy, have agreed to the following Convention:—

ARTICLE I.

From the 1st March, 1901, “The Parsons-Martini Convention” regarding the question of pasturage[222] in the territory of the Erithrean Government signed at Asmara on the 7th of December, 1898, is abrogated.

ARTICLE II.

Each Government reserves to itself to permit or forbid the temporary emigration into its territory of tribes, or fractions of tribes, who desire to enter its territory for the purpose of pasturage of their flocks and herds, and reserves to itself the conditions under which such permission will be granted.

ARTICLE III.

When temporary permission for grazing is given under Article II of this Convention, it is to be understood that those persons to whom such permission is given, are, from the time they cross the frontier, amenable to the laws at that time in force in the country they enter.

Made at Sabderat in duplicate in Italian and English this twenty-eighth day of February, 1901.

(Signed) J. COLLINSON, _Colonel, Mudir, Kassala_.

MARTINI.

N.B.—The originals of this agreement in English and Italian are retained in the Kassala office.

(Signed) J. COLLINSON.

(12.)

CUSTOMS CONVENTION BETWEEN THE ANGLO-EGYPTIAN SUDAN AND ERYTHRÆA.

ARTICLE I.

On the importation into the Anglo-Egyptian territory of the Sudan of any goods coming from the Italian Colony of Erythræa, no other or higher duties shall be imposed than those which are, or may be payable under the Egyptian Tariff for the time being in force on the importation into Egypt of the like goods coming from any third country, the most favoured in this respect, provided always that such duties shall not exceed five per cent. in the case of natural produce which may be proved, to the satisfaction of the Sudanese Custom House authorities at the place of entry into the Sudan, to be the bonâ fide produce of the said Colony of Erythræa, intended for consumption in the Sudan. Such goods however passing through the Sudan for consumption in Egypt, will have, on entering Egypt, to make good the difference between the duty here specified and the duty imposed by the Egyptian Tariff.

ARTICLE II.

On the importation into the Italian Colony of Erythræa, of any goods coming from the Anglo-Egyptian territory of the Sudan, no other or higher duties shall be imposed than those which are, or may be payable under the Tariff for the time being in force in the said Colony on the importation into the said Colony of the like foreign goods coming from any third country, the most favoured in this respect, provided always that such duties shall not exceed five per cent. in the case of natural produce which may be proved to the satisfaction of the Erythræan Custom House authorities at the place of entry into the said Colony to be the bonâ fide produce of the Anglo-Egyptian territory of the Sudan.

ARTICLE III.

Tobacco in all its forms coming from the Colony of Erythræa may be legally imported into the Anglo-Egyptian territory of the Sudan under the same conditions as may be applicable to tobacco imported into Egypt.

Tobacco in all its forms coming from the Anglo-Egyptian territory of the Sudan may be legally imported into the Colony of Erythræa on conditions to be established by the Governor of that Colony.

ARTICLE IV.

The importation of arms and ammunition of all kinds from the Anglo-Egyptian territory of the Sudan into Erythræa and from Erythræa into the Anglo-Egyptian territory of the Sudan is expressly prohibited.

ARTICLE V.

The importation of salt and of all alcoholic liquors into the Anglo-Egyptian territory of the Sudan from Erythræa and from the Anglo-Egyptian territory of the Sudan into Erythræa shall be subject to such conditions and restrictions as may be from time to time laid down by the respective Governments, which may at any time prohibit such importation if they shall think fit.

The importation of sugar and of manufactured cotton of all kinds from the Anglo-Egyptian territory of the Sudan into the Colony of Erythræa shall be subject to the conditions which shall be laid down by the Government of the Colony.

ARTICLE VI.

On the importation into the Anglo-Egyptian territory of the Sudan from the Italian Colony of Erythræa of any produce of the said Colony such as gum, india-rubber, ivory, or ostrich feathers, upon which a tax or royalty is imposed in the Sudan, there shall be levied on such produce the like tax or royalty as that which is for the time being in force in the Sudan, without prejudice to the payment of the duties leviable on such produce under the provisions of Article I.

The same dispositions shall apply to these categories of produce when imported into the Colony of Erythræa from the Anglo-Egyptian territory of the Sudan.

Provided always that deduction of the amount already paid in respect of Customs duties on the entry of such produce into either territory shall be made from the amount payable in respect of the said tax or royalty.

ARTICLE VII.

As regards the load tax which may be levied in the Sudan on loaded camels or other loaded transport-animals proceeding towards Erythræa, no higher tax shall be levied on these than is levied on transport-animals in the Mudiria of Kassala or the Administrative District of Suakin.

ARTICLE VIII.

The drawback upon goods coming from the Anglo-Egyptian territory of the Sudan and passing through the Italian Colony of Erythræa in transit, as well as that upon goods coming from the said Colony and passing in transit through the said territory, shall be equal in amount to the whole of the duty paid on their entry into the country through which they pass in transit, on condition that they be duly sealed and accompanied by certificates of origin delivered by the competent authorities, either Anglo-Egyptian or Erythræan as the case may be.

Provided always that the provisions of this article shall not apply to goods imported into Egypt and not intended for re-exportation thence.

ARTICLE IX.

Each of the two Governments shall decide where its own Customs Houses shall be and shall make its own valuations on imported and exported goods on the basis of their value at the place of import or export.

These valuations shall be revised every six months and communicated to each other by the respective authorities, who will exchange views with the object of establishing by friendly understanding the approximate cost of transport for the following six months.

ARTICLE X.

Goods exported from the Anglo-Egyptian territory of the Sudan into Erythræa will pay the same export duty (not exceeding one per cent.) as is paid on goods exported from Suakin or other Red Sea ports.

Goods exported from Erythræa into the Anglo-Egyptian territory of the Sudan may be subjected to an export or statistical duty of one per cent.

ARTICLE XI.

The coasting trade between the Anglo-Egyptian territory of the Sudan and the Italian Colony of Erythræa shall be subject to the treatment granted to the most favoured nation by either of the contracting parties.

ARTICLE XII.

The present Convention shall remain in force for ten years, dating from the day of the exchange of ratifications, but shall be subject to revision after five years, on the application of either of the contracting parties, provided that the application is made six months before the expiration of the five years.

In case neither of the two contracting parties shall have given notice six months before the expiration of the said period of ten years of their intention to terminate the present Convention, it shall remain in force for a further period of five years, and thereafter for successive periods of the like duration, unless either of the contracting parties shall have given notice as aforesaid six months before the expiration of the quinquennial period then current.

Done at Rome this twenty-sixth day of November, in the year one thousand nine hundred and one.

(Signed) MARTINI.

(Signed) GLEICHEN, _Kaimakam_.

Ratified at Cairo, 2nd January, 1902.

(13.)

POSTAL CONVENTION BETWEEN THE ANGLO-EGYPTIAN SUDAN AND ERYTHRÆA.

ARTICLE I.

From the date of the present Convention the Post Offices of the Anglo-Egyptian territory of the Sudan and of Erythræa will carry out the service of ordinary and registered (raccomandate) correspondence and of money orders between the Sudan and Erythræa, under the conditions, formalities and tariffs in force in the Universal Postal Union, except as hereinafter mentioned.

ARTICLE II.

The exchange of mails will take place weekly at Sabderat. Each Government will provide for the transport of the mails in its own territory.

ARTICLE III.

The Service of Money Orders between the Colony of Erythræa and the Sudan is carried out in accordance with the forms and regulations in force for the Money Order Service between Erythræa and Egypt.

ARTICLE IV.

This Convention is subject to revision every five years, dating from the exchange of ratifications, on the application of one of the contracting parties six months before the close of the quinquennial period.

ARTICLE V.

The Postal Convention (Parsons-Samminiatelli) of the 25th of December, 1897, is hereby cancelled.

Done at Rome this twenty-sixth day of November, in the year one thousand nine hundred and one.

(Signed) MARTINI.

(Signed) GLEICHEN, _Kaimakam_.

Ratified at Cairo, 8th January, 1902.

(14.)

TELEGRAPHIC CONVENTION BETWEEN THE ANGLO-EGYPTIAN SUDAN AND
ERYTHRÆA.

ARTICLE I.

Telegrams between the Anglo-Egyptian territory of the Sudan and Erythræa can be despatched from or to any telegraphic station in either country.

ARTICLE II.

The telegraph line of the Anglo-Egyptian Sudan is connected with that of Erythræa at the station of Sabderat which is worked by Italian personnel. The cost of the working of this telegraphic station will be divided equally between the two Governments.

ARTICLE III.

The total charge for telegrams between the two countries shall be at the rate of one lire (forty-two millièmes) for the first fifteen words or less, and five centesimi (two millièmes) per word after the first fifteen words.

The money received for such telegrams shall remain in the possession of the Administration from whose station the telegram is sent.

ARTICLE IV.

Telegrams from or to the Anglo-Egyptian Sudan through Erythræa and Perim to (or from) places beyond Perim will pay over and above the nominal tariff, a transit tax (over Erythræan lines and cables) of forty centesimi (sixteen millièmes) per word; which sum will be credited to the Administration of Erythræa in the half-yearly settlement of accounts.

ARTICLE V.

In like manner telegrams from (or to) the Erythræan Colony passing over Sudanese or Egyptian telegraph lines to (or from) places outside Egypt or the Sudan will pay, over and above the normal tariff, a transit tax of seventy-five centesimi (thirty millièmes) per word over the lines Kassala-Alexandria or Kassala-Suakin; which sum will be credited to the Administration of the Anglo-Egyptian Sudan in the half-yearly settlement of accounts.

ARTICLE VI.

In case of interruption to the Italian Massawa-Perim cable, or to the lines and cables between the Sudan and abroad, it is agreed that the lines or cables of each Government shall be at the service of the other.

In this case the service telegrams of one Government passing over the lines and cables of the other will pay only half the transit taxes above mentioned.

ARTICLE VII.

The authorities of the Anglo-Egyptian Sudan and of Erythræa will exchange mutually and free of cost, in English, Italian, or Arabic, political or military news which might interest each other.

ARTICLE VIII.

The half-yearly accounts above-mentioned shall be regulated on the 1st January and 1st July of each year.

ARTICLE IX.

The said Convention shall remain in force for the space of one year from the date of exchange of ratifications, but after this period it shall continue in force _sine die_ until revised at the request of one of the two contracting parties who shall give at least six months notice of his wish for such revision.

ARTICLE X.

The Telegraphic Convention (Parsons-Samminiatelli) of the 25th December, 1897, is hereby cancelled.

Done at Rome this twenty-sixth day of November, in the year one thousand nine hundred and one.

(Signed) MARTINI.

(Signed) GLEICHEN, _Kaimakam_.

Ratified at Cairo, 8th January, 1902.

(15.)

TREATY BETWEEN GREAT BRITAIN AND ETHIOPIA. (_With Map._)

His Majesty Edward VII, by the Grace of God, King of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, Emperor of India, and His Majesty Menelik II, by the Grace of God, King of Kings of Ethiopia, being animated with the desire to conform the friendly relations between the two Powers, and to settle the frontier between the Sudan and Ethiopia; and His Majesty King Edward having appointed as his plenipotentiary Lieut.-Colonel John Lane Harrington, a Commander of the Royal Victorian Order, His Majesty’s Agent at the Court of His Majesty Menelik II, King of Kings of Ethiopia, whose full powers have been found in due and proper form, and His Majesty the Emperor Menelik, negotiating in his own name as King of Kings of Ethiopia, they have agreed upon and do conclude the following Articles which shall be binding on themselves, their heirs and successors.

ARTICLE I.

The frontier between the Sudan and Ethiopia agreed on between the two Governments shall be:—The line which is marked in red on the map annexed to this Treaty in duplicate, and traced from Khor Um Hagar to Galabat, to the Blue Nile, Baro, Pibor, and Akobo rivers, to Helile, thence to the intersection of the 6° lat. north with the 35° long. east of Greenwich.

ARTICLE II.

The boundary as defined in Article I shall be delimited and marked on the ground by a Joint Boundary Commission which shall be nominated by the two High Contracting Parties, who shall notify the same to their subjects after delimitation.

ARTICLE III.

His Majesty the Emperor Menelik II, King of Kings of Ethiopia, engages himself towards the Government of His Britannic Majesty not to construct or allow to be constructed any work across the Blue Nile, Lake Tsana, or the Sobat which would arrest the flow of their waters into the Nile, except in agreement with His Britannic Majesty’s Government and the Government of the Sudan.

ARTICLE IV.

His Majesty the Emperor Menelik II, King of Kings of Ethiopia, engages himself to allow his Britannic Majesty’s Government and the Government of the Sudan to select, in the neighbourhood of Itang on the Baro River, a block of territory having a river frontage of not more than 2,000 metres, in area not exceeding 400 hectares, which shall be leased to the Government of the Sudan, to be administered and occupied as a commercial station so long as the Sudan is under the Anglo-Egyptian Government.

It is agreed between the two High Contracting Parties that the territory so leased shall not be used for any political or military purpose.

ARTICLE V.

His Majesty the Emperor Menelik II, King of Kings of Ethiopia, grants to his Britannic Majesty’s Government and the Government of the Sudan the right to construct a railway through Abyssinian territory to connect the Sudan with Uganda. A route for the railway will be selected by mutual agreement between the two High Contracting Parties.

The present Treaty shall come into force as soon as its ratification by His Britannic Majesty shall have been notified to the Emperor of Ethiopia.[223]

In faith of which His Majesty Menelik II, King of Kings of Ethiopia, in his own name, and Lieutenant-Colonel John Lane Harrington on behalf of his Majesty King Edward VII, King of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, Emperor of India, have signed the present Treaty in duplicate, written in the English and Arabic languages, identically, both texts being official, and have thereto affixed their seals.

Done at Addis Abbaba, this 15th day of May, 1902.

(16.)

NOTE.

ANNEX TO THE TREATY OF 10TH JULY, 1900,[224] REGARDING THE FRONTIER BETWEEN ETHIOPIA AND ERITREA, AND THE TREATY OF 15TH MAY, 1902, REGARDING THE FRONTIER BETWEEN THE SUDAN AND ERITREA.

His Majesty the Emperor of Ethiopia, Menelik II, Major Ciccodicola, Italian Minister in Ethiopia, and Lieutenant Col. Harrington, H.B.M’s. Agent in Ethiopia, have mutually agreed that:—

ARTICLE I.

The frontier treaty between Ethiopia and Eritrea previously determined by the line Tomat-Todluc is mutually modified in the following manner:—Commencing from the junction of the Khor Um Hagar with the Setit, the new frontier follows this river to its junction with the Maieteb, following the latter’s course so as to leave Mount Ala Tacura to Eritrea, and joins the Mareb at its junction with the Mai Ambessa.

The line from the junction of the Setit and Maieteb to the junction of the Mareb and Mai Ambessa shall be delimited by Italian and Ethiopian delegates so that the Cunama tribe belong to Eritrea.

ARTICLE II.

The frontier between the Sudan and Eritrea instead of that delimited by the English and Italian delegates by the Convention of the 16th April 1901, shall be the line which from Sabderat, is traced _viâ_ Abu Gamal to the junction of the Khor Um Hagar with the Setit.

The present agreement shall come into force as soon as its ratification by the British and Italian Governments shall have been notified to the Emperor of Ethiopia.

In faith of which, His Majesty the Emperor of Ethiopia, Menelik II, in his own name and that of his successors, Major Ciccodicola in the name of his Majesty Victor Emmanuel III, King of Italy, and his successors, and Lieut.-Col. Harrington in the name of His Majesty Edward VII, King of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, Emperor of India, and his successors have signed the present note in triplicate; written in Italian, English, and Amharic languages, identically, all texts being official, and have thereto affixed their seals.

Done at Addis Abbaba, this 15th day of May, 1902.

(17.)

Sudan Agent’s Office,

Sudan Government, Cairo.

_21st April_, 1902.

MY LORD,

I have the honour to inform Your Lordship that the Sudan Government has had under consideration the question of duties to be paid on goods coming from Uganda into or passing through the Sudan.

It has been decided that the Customs Convention[225] recently concluded with Eritrea shall apply to such goods under the following conditions:—

1. Certificates of origin should be furnished by the Uganda authorities in order to facilitate and ensure the efficient collection of the proper Customs dues.

2. In the event of goods not specially specified in Article VI of the Convention being imported into the Sudan from Uganda, there shall be levied the following:—

(_a_) On goods proved to the satisfaction of the Sudanese Custom
House authorities to be the _bonâ fide_ natural produce of Uganda,
a duty equal to that payable under the Egyptian Tariff for the time
being in force on the importation into Egypt of the like goods
coming from any third country but in no case to exceed 5 per cent.

(_b_) On other goods, a duty equal to that payable under the
Egyptian Tariff above-mentioned without the 5 per cent.
reservation. This duty is at present 8 per cent. _ad valorem_
on most articles.

3. On gum, india-rubber, ivory, ostrich feathers, etc., etc., an import duty in accordance with (_a_) or (_b_) and in addition the existing royalty (20 per cent. at present), minus the amount of the import duty paid under (_a_) or (_b_).

In other words, imported goods which are liable to pay royalty in the Sudan are allowed a drawback of the original amount of import duty paid.

4. (_a_) Goods duly sealed and accompanied by certificates of origin delivered by Uganda Authorities, passing in transit through Anglo-Egyptian territory, other than goods imported into Egypt and not intended for re-exportation thence, shall be entitled to a drawback of the whole of the duty paid on their entry into the Sudan, _i.e._, of import duty, or of royalty, or of both.

(_b_) The maximum time allowed for goods passing in transit through Anglo-Egyptian territory will be six months.

I have the honour to be, my Lord,

Your Lordship’s most obedient servant,

(Signed) GLEICHEN, _Miralai, Sudan Agent, Cairo_.

(For Governor-General of the Sudan.)

The Right Honourable,

The EARL OF CROMER, G.C.B., G.C.M.G., K.C.S.I., C.I.E.

His Britannic Majesty’s Agent and Consul-General in Egypt.

Foreign Office,

_12th May_, 1902.

MY LORD,

I have received Your Lordship’s despatch No. 61, Confidential of 23rd ultimo, forwarding copy of a letter from the Agent of the Government of the Sudan at Cairo in regard to the duties to be paid on goods coming from Uganda into or passing through the Sudan.

I approve the proposals in Count Gleichen’s letter, and will communicate them to H.M.’s Commissioner in Uganda.

I am, etc.,

(Signed) LANSDOWNE.

THE EARL OF CROMER, G.C.B., etc., etc.

Cairo.

(18.)

BOUNDARY AGREEMENT BETWEEN FRANCE AND THE CONGO FREE STATE, 14TH
AUGUST, 1894.

The undersigned, Gabriel Hanotaux, Minister for Foreign Affairs of the French Republic, etc.; Jacques Haussmann, Director of Political and Commercial Affairs at the Colonial Office, etc.; Joseph Devolder, ex-Minister of Justice and ex-Minister of the Interior and Education of His Majesty the King of the Belgians, Vice-President of the Supreme Council of the Congo Free State, etc.; and Baron Constant Goffinet, etc., Plenipotentiaries of the French Republic and of the Congo Free State, deputed to prepare an agreement relative to the boundaries of the respective possessions of the two states and to settle the other questions pending between them, have agreed upon the following provisions:—

_Boundary between the Congo Free State and French Congo, Oubanghi,
etc._

Art. 1. The frontier between the Congo Free State and the Colony of French Congo, after following the thalweg of the Oubanghi up to the confluence of the Mbomou[226] and of the Ouelle (or Welle), shall be constituted as follows:—(1) The thalweg of the Mbomou up to its source. (2) A straight line joining the watershed between the Congo and Nile Basins. From this point the frontier of the Free State is constituted by the said watershed up to its intersection with long. 30° east of Greenwich (27° 40′ east of Paris).

Arts. 2 and 3. _French right of Police over the waters of the Mbomou._

_Renunciation by Free State of Occupation or Influence over certain
Districts. Watershed of Congo and Nile Basins, etc._

Art. 4. The Free State binds herself to renounce all occupation, and to exercise in the future no political influence west or north of a line thus determined:—Long. 30° east of Greenwich (27° 40′ east of Paris), starting from its intersection of the watershed of the Congo and Nile Basins, up to the point where it meets the parallel 5° 30′, and then along that parallel to the Nile.

Art. 5. _Ratifications to be exchanged within three months._

Art. 6. In token of which the Plenipotentiaries have drawn up the present arrangement and affixed their signatures.

Given at Paris in duplicate, August 14, 1894.

G. HANOTAUX.

J. HAUSSMANN.

J. DEVOLDER.

BARON GOFFINET.

(Approved by the Government of the French Republic, by Law of 21st December, 1894.)

(19.)

AGREEMENT _re_ FRONTIER ERITREA-ABYSSINIA. (_With Map._)

In the name of the Holy Trinity:

His Majesty King Humbert I of Italy, and His Majesty Menelik II, King of Kings of Ethiopia, being desirous of settling the question of the frontier between Eritrea and Ethiopia, which was left unsettled at the conclusion of the Peace Treaty of Addis Abbaba of the 26th October, 1896, have agreed to conclude the following Convention.

Art. I. The line Tomat-Todluc-Mareb-Belesa-Muna, traced on the attached map, is acknowledged by the two contracting parties as the frontier between Eritrea and Ethiopia.

Art. II. The Italian Government hereby binds itself not to cede or sell to another Power, the territory lying between the line Tomat-Todluc-Mareb-Mai Ambessa-Mai Feccia-Mai Maretta-Mai Ha-Mahio-Plain of Pharaoh’s hens (1) and the line Tomat-Todluc-Mareb-Belesa-Muna, given by his Majesty Menelik II, King of Kings of Ethiopia, to Italy.

His Majesty Menelik II, King of Kings of Ethiopia, in his own name, his heirs and successors, and Captain Ciccodicola, in the name of His Majesty Humbert I, King of Italy, his heirs and successors, have with willingness and accord agreed to and written this Convention in Italian and Amharic, considering both as official (in case of error, however, in the writing, the Emperor Menelik will adhere to the Amharic text), and having approved of same they have affixed their seals thereto.

Written at the City of Addis Abbaba, this 10th day of July, 1900.

(Signed) Seal of the EMPEROR MENELIK.

(Signed) CAPT. FREDERICK CICCODICOLA.
_Representative of H.M. the
King of Italy_.

(1) Line proposed by the Emperor Menelik to Major Nerazzini in 1897.

(20.)[227]

BERLIN ACT, 26.2.85: Free Trade in Congo Basin, etc.

(21.)[227]

BRUSSELS ACT, 2.7.90 (in force since 2.4.94): Slave Trade, Firearms, Ammunition, etc. Amongst others, Great Britain, France, Italy, Russia, Turkey, and Abyssinia are Signatories.

[Footnote 220: This Article was withdrawn by a Declaration signed 22nd June, 1894 (_vide_ below).]

[Footnote 221: These three paragraphs have been cancelled by the later agreement of 18.2.03—G.]

[Footnote 222: Not printed.—G.]

[Footnote 223: Done, September, 1902.—G.]

[Footnote 224: _See_ No. 19.]

[Footnote 225: _Vide_ No. 12.]

[Footnote 226: According to Junker’s map (Gotha, J. Perthes, 1888).]

[Footnote 227: Not printed here, but text may be found in Hertslet’s “Map of Africa by Treaty,” 1896 Edition, pp. 20 to 47, and pp. 48 to 106 respectively.]

=APPENDIX B.=

* * * * *

THE SUDD.

[Sidenote: General description. (Editor.)]

The “sudd” (in Arabic _sadd_ = block) is a generic name by custom applied to the huge marshes through which the Bahr El Jebel, Bahr El Ghazal, Bahr El Zeraf and the lower portion of their tributaries wind their way. It forms an irregular triangle of which the northern base extends about 200 miles west from the mouth of the Bahr El Zeraf, and the southern apex lies about Bor, 250 miles S.S.E. of Lake No. It is difficult to estimate the area of these vast marshes, but it cannot be much less than 35,000 square miles.

These marshes are formed by the expansion of the rivers mentioned over this area, and probably represent the bed of an old prehistoric lake which has to a certain extent dried up. The theory has been put forward that in those far-off days a ridge about Kodok, subsequently broken through by the river, caused the holding-up of waters in this lake, but this is hardly the place to examine this theory in detail.

Suffice it to say that a great part of this area is covered with a shallow sheet of water, over almost the whole extent of which thick reeds and swamp-grasses have sprung up. Except in the actual river channels this water is probably nowhere more than 2 to 6 feet deep.

[Sidenote: Scenery.]

[Sidenote: Animal life.]

To the eye the effect is one of a vast extent of brilliant green papyrus, feathery reeds and sword-grass, 5 to 15 feet above the water, broken by occasional patches of light ambach trees, with channels of water, pools and lagoons dotting the “swamp-scape,” and here and there a sparse tree or two on the horizon. Occasionally, and more especially towards the south, ridges, or patches of mud or solid ground are visible, and in such parts there is much bird and animal life. In the lower (northern) reaches of the Sudd nearly all signs of life—except the brilliant little bee-eater, an occasional heron, fish-eagle, or “anvil bird,” the ubiquitous crocodile, and, of course, the insects—disappear; but in the more southerly parts are found many varieties of game.

[Sidenote: Inhabitants.]

On the Bahr El Jebel, for the first 150 miles south of Lake No there are no human inhabitants visible. Thereafter occasional Dinkas and their villages are seen up to about Bor (384 miles); whilst beyond this the Bari country commences, the population as the Lado Enclave is approached being considerably thicker on the east than on the west bank. The Bahr el Ghazal swamps and banks are almost uninhabited.

Of the larger species of game, elephant, giraffe, buffalo, and many sorts of antelope, including waterbuck, Leucotis, Cobus Maria, etc., etc., are seen towards the south, whilst the hippopotamus is excessively numerous almost throughout.[228] From the reeds and mudbanks arise clouds of wildfowl, crane, geese, (black and white, and brown), storks (saddleback, black, open-billed and marabou), herons (white, grey, egret, purple, “squacco,” and “Goliath”), bustard, and the quaint _balaeniceps rex_ (whale-headed stork), besides pelican, spoonbill, ibis, and duck of every description; and of insect life the supply is unnecessarily large throughout. This latter includes several varieties of persistent and poisonous mosquitos (from the large scarlet one to the tiny anopheles), the trumpet-headed sudd insect and other kindred grasshopper-like creatures, millions of midges and mayflies, the serût fly, moths, spiders, fireflies, etc., etc. The sudd also swarms with coarse fish, some running to a considerable size.

[Sidenote: The true Sudd.]

Some confusion has been caused by the word “sudd” being applied to the whole of these marshes. As a matter of fact, the real sudd is only the obstructive floating vegetation, originated in the lagoons as described below, which is driven by force of circumstances into the river channels and there forms the block or sudd. By far the greater portion of the marshes are covered by standing reeds, papyrus and the like, which, although they cover and assist in the formation of the floating vegetation and even, when uprooted, form part of it, yet are not, strictly speaking, sudd in their original state.

Thus, the traveller who proceeds along the cleared channel from Lake No to Gondokoro will, in all probability, although in the middle of the “sudd,” see little, if any, genuine sudd at all.

[Sidenote: Formation of Sudd. (Sir W. Garstin.)]

In the Bahr El Jebel the main factors in forming sudd are the papyrus and the “um sûf.” These two, with the earth adhering to their roots, form the real obstruction. Many of the smaller swimming plants, such as the “_Azolla_” the “_Utricularia_” and the “_Otellia Vallisneria_” are mingled with the others, but they certainly do not play an important part in the formation of the obstacle. The ambach, too, has been unjustly accused of assisting in forming this barrier. This is not the case. This plant does not grow in any great quantity in the vicinity of the Bahr El Jebel, and its stem is so light and brittle that it would break when subjected to great pressure.

On the Bahr El Ghazal, on the contrary, the sudd is chiefly composed of the swimming plants above-mentioned. Their breeding places are Lake Ambadi and the other shallow lakes to the south.

The Ghazal sudd is much lighter in texture than that of the Jebel, and is consequently much easier to remove. At the same time, even in the former river, the sudd is at times dangerous, especially if it forms down-stream of a vessel, and if the latter has to work upon it from its up-stream end. The accident to Gessi Pasha’s expedition in 1880 proves that even the Bahr El Ghazal sudd can be an impassable obstacle under such circumstances.

Before alluding to the work done in removing the sudd, it may be as well to say a few words as to the principal causes of this remarkable barrier.

The Bahr El Jebel traverses the marshes between Bor and Lake No for some 380 miles of its course. South of Shambe the river has never been known to be blocked. On either side of the channel, in these immense swamps, extend large shallow lagoons, some of them covering a square mile or more of area. These lagoons are surrounded on every side by a luxuriant growth of aquatic plants, consisting chiefly of the papyrus and the grass known to the Arabs as the “um sûf” (the mother of wool). Both these plants grow in water, but not in any great depth. The papyrus attains a height of from 15 to 20 feet, with fibrous roots which strike deep into the ground. The “um sûf” rarely exceeds 5 feet in height, and its roots do not extend so deeply as do those of the papyrus. They are, however, very tough and difficult to break or cut through. These roots are bedded in the soil below the water, but the strong gales which blow in these regions loosen their hold to a large extent. If such a storm be accompanied by any rise of the water surface, large masses of these plants are set free from their original position, and begin to float on the surface of the lagoons. Their roots form such a tangled mass that large quantities of the earth in which they are embedded remain clinging to them. These act as ballast, and when the island of papyrus or reeds is detached and, under the influence of the wind, is set drifting about the lagoon, the weight of the earth retains the plants in their vertical position. Their roots, the moment they reach a shallow, act as anchors, and speedily strike down again into the muddy bottom of the lake. Large masses constantly change their position in this way. If the storm cease, they remain where they are. Unfortunately, at the commencement and end of the rainy season, stormy weather is the rule rather than the exception. At such seasons large areas of the marsh vegetation are in motion, driven hither and thither by the wind.

The Bahr El Jebel, where it passes through the swamps, has no banks whatever, and is, as a rule, separated from the lagoons merely by a narrow belt of papyrus. In many places it is in connection with them, and the water of the lakes flows in and out of the river, according to the level of the latter. As the stormy season in these latitudes heralds the approach of the annual rains, the rise of the river follows very speedily. The channel of the Bahr El Jebel being only of sufficient section to carry the low water supply, with the first rise in the levels the river spreads over the marshes, flooding them in all directions, and increasing the depth of water in the lagoons. It thus causes the areas of reed, already detached by the wind, to float still more easily. The continuous gales which prevail set hundreds of acres of these floating masses moving in one direction. Eventually they reach a point on the river where they are forced into the channel. Once there the current speedily carries them down-stream. Ere long their course is arrested by a projection on the edge of the channel or by a sharp bend. It may happen that an area of reed, several acres in extent, bursts into the river in a large sheet, and in such a case it must be necessarily arrested at the first point where the section is contracted. The result is that the channel is quickly blocked, though, perhaps, not at first to any great depth. Masses of weed, however, follow one another in succession, brought down by the stream. The section of the channel being reduced by the first obstruction, the velocity of the water rapidly increases, and these masses, following the easiest course, pass under the obstacle thus created. Each fresh mass arriving is sucked underneath those originally arrested, until at last the whole becomes wedged into one solid block, composed partly of earth and partly of stalks and roots of papyrus and reed, broken up by the extreme compression into an inextricable tangle. So great is the pressure applied by the water, that the surface of the block is often forced several yards above the water-level and is seamed by alternate ridges and furrows. The thickness varies greatly, according to the conditions and sections of the channel. In some cases it is not more than 4 to 6 feet, but it not infrequently obtains a thickness of 16 feet, below water, and occasionally as much as 22 feet have been observed.[229] Underneath this bar the river manages to force an outlet, but with a velocity increased proportionately to the smallness of the aperture. At the same time, the up-stream level rises, flooding the marshes in every direction, the water making use of any side channel that it can find. In time, doubtless, if left to itself, it would desert its original course, and the stream would take an entirely new direction, the original channel becoming permanently blocked. It generally, however, happens from natural causes, such as strong winds or increased heading-up of the water, that these blocks burst, and the obstacle is carried away. On such occasions a great wave passes down the channel, carrying everything before it, and sweeping away any similar blocks which may have been formed down-stream. Only in this way can the clearance of the sudd in certain years which has undoubtedly occurred be explained. Many of these blocks extend for a considerable length, some being as much as several miles long. It is easy to understand that such closures of the river channel cause not only a complete bar to navigation, but also a very serious obstacle to the free passage of the water. More than this, each block thus formed assists in the formation of others, by raising the water level up-stream, and thus assisting the flotation of further areas of papyrus and reed, much of which eventually finds its way into the river.

The movement of these great masses of weed, and the way in which they burst into the river, bears a striking resemblance to the descriptions given of an icefield when in motion. Their steady and resistless movement, the manner in which the fields break up, and the way in which they pile upon one another when an obstruction is encountered to their course, recall irresistibly what travellers relate of the action of the ice-floes when the pack is breaking up.

The sudd in this river, and in a less degree that in the Bahr El Ghazal, constitutes a very real danger to navigation. Should a steamer happen to be surrounded by it when in motion, the compression would certainly strain her framework to the risk of crushing it. Even should she escape this she will most probably be imprisoned for an indefinite time, owing to the river blocking on either side of her. During the stormy season, it should if possible always be arranged that two steamers should work in conjunction, one remaining down-stream, so as to be able to go to the assistance of the other if necessary.

As no fuel is to be met with throughout the whole length of the sudd region, a solitary steamer, if detained for some time by a block, may find herself eventually prevented from proceeding, or from making any attempt to free herself, owing to the absence of any means of generating steam in her boilers.