Chapter VII: General Dispositions (1)

ARTICLE 36. The Signatory Powers of the present General Act reserve to themselves to introduce into it subsequently, and by common accord, such modifications and improvements as experience may show to be expedient.

ARTICLE 37. The Powers who have not signed the present General Act shall be free to adhere to its provisions by a separate instrument.

The adhesion of each Power shall be notified in diplomatic form to the Government of the German Empire, and by it in turn to all the other Signatory or adhering Powers.

Such adhesion shall carry with it full acceptance of all the obligations as well as admission to all the advantages stipulated by the present General Act.

ARTICLE 38. The present General Act shall be ratified with as little delay as possible, the same in no case to exceed a year.

It will come into force for each Power from the date of its ratification by that Power.

Meanwhile, the Signatory Powers of the present General Act bind themselves not to take any steps contrary to its provisions.

Each Power will address its ratification to the Government of the German Empire, by which notice of the fact will be given to all the other Signatory Powers of the present Act.

The ratifications of all the Powers will be deposited in the archives of the Government of the German Empire. When all the ratifications shall have been sent in, there will be drawn up a Deposit Act, in the shape of a Protocol, to be signed by the Representatives of all the Powers which have taken part in the Conference of Berlin, and of which a certified copy will be sent to each of those Powers.

In testimony whereof the several Plenipotentiaries have signed the present General Act and have affixed thereto their seals.

Done at Berlin the 26th day of February, 1885.

(Here follow the signatures of the Plenipotentiaries in the order
of their names in the preamble.)

THE TEXT OF THE DECLARATIONS AND TREATIES BETWEEN THE INTERNATIONAL
ASSOCIATION OF THE CONGO AND ITS NEIGHBOURS, GERMANY, GREAT
BRITAIN, FRANCE, AND PORTUGAL. ALSO ITS DECLARATION EXCHANGED WITH
BELGIUM.

On 8th November, 1884, a convention was concluded between the
German Empire and the Association. The following are its terms:

ARTICLE 1. The International Association of the Congo engages not to levy any duty on articles or merchandise imported directly or in transit into its present or future possessions in the basins of the Congo and the Niadi-Kwilu, or into its possessions situated on the Atlantic Ocean. This exemption from duties especially applies to merchandise and articles of commerce which are carried by the roads made round the cataracts of the Congo.

ARTICLE 2. The subjects of the German Empire shall have the right of sojourning and of establishing themselves on the territories of the Association. They shall be treated on the same footing as the subjects of the most favoured nation, including the inhabitants of the country, so far as concerns the protection of their persons and possessions, the free exercise of their religion, the recognition and defence of their rights, as well as in matters of navigation, trade, or manufactures.

Especially, they shall have the right of buying, selling, and leasing lands and buildings situated in the territories of the Association, of establishing commercial houses, and carrying on trade or the coasting trade under the German flag.

ARTICLE 3. The Association engages never to grant any privileges whatsoever to the subjects of any other nation without their being immediately extended to German subjects.

ARTICLE 4. In the event of the cession of the present or future territory of the Association, or of any part of it, the obligations contracted by the Association towards the German Empire shall be transferred to the occupier. These obligations and the rights granted by the Association to the German Empire and its subjects shall remain in force after every cession as far as regards each new occupier.

ARTICLE 5. The German Empire recognises the flag of the Association—a blue flag with a golden star in the centre—as that of a friendly State.

ARTICLE 6. The German Empire is ready on its part to recognise the frontiers of the territory of the Association and of the new State which is to be created, as they are shown in the annexed Map.

ARTICLE 7. This Convention shall be ratified and the ratifications shall be exchanged with the least possible delay.

This Convention shall come into force immediately after the exchange of the ratifications.

Done at Berlin the 8th November, 1884.

(Signed) Count v. BRANDENBOURG.
STRAUCH.

On 16th December, 1884, Great Britain and the International
Association of the Congo exchanged declarations and concluded a
Convention. The following is the declaration of the Association:

The International Association of the Congo, founded by His Majesty the King of the Belgians for the purpose of promoting the civilisation and commerce of Africa, and for other humane and benevolent purposes, hereby declares as follows:—

ARTICLE 1. That by Treaties with the legitimate Sovereigns in the basins of the Congo and of the Niadi-Kwilu, and in adjacent territories upon the Atlantic, there has been ceded to it territory for the use and benefit of Free States established, and being established, in the said basins and adjacent territories.

ARTICLE 2. That by virtue of the said Treaties, the administration of the interests of the said Free States is vested in the Association.

ARTICLE 3. That the Association has adopted as its standard, and that of the said Free States, a blue flag with a golden star in the centre.

ARTICLE 4. That with a view of enabling commerce to penetrate into Equatorial Africa, the Association and the said Free States have resolved to levy no customs duties upon goods or articles of merchandise imported directly into their territories or brought by the route which has been constructed around the cataracts of the Congo.

ARTICLE 5. That the Association and the said Free States guarantee to foreigners established in their territories the free exercise of their religion, the rights of navigation, commerce, and industry, and the right of buying, selling, letting, and hiring lands, buildings, mines, and forests, on the sole condition that they shall obey the laws.

ARTICLE 6. That the Association and the said free States will do all in their power to prevent the Slave Trade and to suppress slavery.

Done at Berlin, the 16th December, 1884.

(On behalf of the Association),
(Signed) STRAUCH.

The declaration of the British Government was as follows:

The Government of Her Britannic Majesty declare their sympathy with, and approval of, the humane and benevolent purposes of the Association, and hereby recognise the flag of the Association, and of the Free States under its administration, as the flag of a friendly Government.

(On behalf of Her Majesty’s Government),
EDWARD B. MALET.

The Convention itself was couched in the following terms:

Whereas the Government of Her Britannic Majesty have recognised the flag of the International Association of the Congo, and of the Free States under its administration, as the flag of a friendly Government;

And whereas it is expedient to regulate and define the rights of British subjects in the territories of the said Free States, and to provide for the exercise of civil and criminal jurisdiction over them, in manner hereinafter mentioned, until sufficient provision shall have been made by the Association for the administration of justice among foreigners;

It is hereby agreed as follows:—

ARTICLE 1. The International Association of the Congo undertakes not to levy any duty, import or transit, on articles or merchandise imported by British subjects into the said territories, or into any territory which may hereafter come under its government. This freedom from custom-house duties shall extend to merchandise and articles of commerce which shall be transported along the roads or canals constructed, or to be constructed, around the cataracts of the Congo.

ARTICLE 2. British subjects shall have at all times the right of sojourning and of establishing themselves within the territories which are or shall be under the Government of the said Association. They shall enjoy the same protection which is accorded to the subjects or citizens of the most favoured nation in all matters which regard their persons, their property, the free exercise of their religion, and the rights of navigation, commerce, and industry. Especially they shall have the right of buying, of selling, of letting, and of hiring lands and buildings, mines, and forests, situated within the said territories, and of founding houses of commerce, and of carrying on commerce and a coasting trade under the British flag.

ARTICLE 3. The Association engages itself not to accord any advantages whatsoever to the subjects of any other nation without the same advantages being extended to British subjects.

ARTICLE 4. Her Majesty the Queen of Great Britain and Ireland may appoint Consuls or other Consular Officers to reside at ports or stations within the said territories, and the Association engages itself to protect them.

ARTICLE 5. Every British Consul or Consular Officer within the said territories, who shall be thereunto duly authorised by Her Britannic Majesty’s Government, may hold a Consular Court for the district assigned to him, and shall exercise sole and exclusive jurisdiction, both civil and criminal, over the persons and property of British subjects within the same, in accordance with British law.

ARTICLE 6. Nothing in the last preceding Article contained shall be deemed to relieve any British subject from the obligation to observe the laws of the said Free States applicable to foreigners, but any infraction thereof by a British subject shall be justiciable only by a British Consular Court.

ARTICLE 7. Inhabitants of the said territories who are subject to the Government of the Association, if they shall commit any wrong against the person or property of a British subject, shall be arrested and punished by the authorities of the Association according to the laws of the said Free States.

Justice shall be equitably and impartially administered on both sides.

ARTICLE 8. A British subject, having reason to complain against an inhabitant of the said territories, who is subject to the Government of the Association, must proceed to the British Consulate, and there state his grievance. The Consul shall inquire into the merits of the case, and do his utmost to arrange it amicably. In like manner, if any such inhabitant of the said territories shall have reason to complain against a British subject, the British Consul shall no less listen to his complaint and endeavour to settle it in a friendly manner. If disputes take place of such a nature that the Consul cannot arrange them amicably, then he shall request the assistance of the authorities of the Association to examine into the merits of the case and decide it equitably.

ARTICLE 9. Should any inhabitant of the said territories, who is subject to the Government of the Association, fail to discharge any debt incurred to a British subject, the authorities of the Association will do their utmost to bring him to justice, and to enforce recovery of the said debt; and should any British subject fail to discharge a debt incurred by him to any such inhabitant, the British authorities will in like manner do their utmost to bring him to justice, and to enforce recovery of the debt. No British Consul nor any authority of the Association is to be held responsible for the payment of any debt contracted either by a British subject or, by any inhabitant of the said territories, who is subject to the Government of the Association.

ARTICLE 10. In case of the Association being desirous to cede any portion of the territory now or hereafter under its Government, it shall not cede it otherwise than as subject to all the engagements contracted by the Association under this Convention. Those engagements, and the rights thereby accorded to British subjects, shall continue to be in vigour after every cession made to any new occupant of any portion of the said territory.

This Convention shall, be ratified, and the ratifications shall be exchanged with the least possible delay. It shall come into operation immediately upon the exchange of ratifications.

Done at Berlin the 16th December, 1884.

(Signed) EDWARD B. MALET.
STRAUCH.

On 5th February, 1885, was concluded a Convention with the French
Republic.

ARTICLE 1. The International Association of the Congo hereby declares that it extends to France the privileges it has conceded to the United States of America, the German Empire, England, Italy, Austria-Hungary, the Netherlands, and Spain, in virtue of the Conventions which it concluded with those Powers respectively on the 22nd April, 8th November, 16th, 19th, 24th, and 29th December, 1884, and 7th January, 1885, the text of which is annexed to the present Convention.

ARTICLE 2. The Association engages moreover never to grant any privileges whatever to the subjects of any other nation without their being immediately extended to French citizens.

ARTICLE 3. The Government of the French Republic and the Association adopt as frontiers between their possessions:—

The River Chiloango from the ocean to its northernmost source;

The water-parting of the waters of the Niadi Quilloo and the Congo as far as beyond the meridian of Manyanga;

A line to be settled, which, following as far as possible some natural division of the land, shall end between the station of Manyanga and the cataract of the Ntombo Mataka, at a point situated on the navigable portion of the river;

The Congo up to Stanley Pool;

The centre of Stanley Pool;

The Congo up to a point to be settled above the River Licona-Nkundja;

A line to be settled from that point to the 17th degree of longitude east of Greenwich, following, as closely as possible, the water-parting of the basin of the Licona-Nkundja, which is part of the French possessions;

The 17th degree of longitude east of Greenwich.

ARTICLE 4. A Commission, composed of an equal number on each side of Representatives of the two parties, shall be intrusted with the duty of marking out on the spot a frontier-line in conformity with the preceding stipulations. In case of a difference of opinion, the question shall be settled by Delegates, who shall be named by the International Commission of the Congo.

ARTICLE 5. Subject to the arrangements to be made between the International Association of the Congo and Portugal as to the territories situated to the south of the Chiloango, the Government of the French Republic is disposed to recognise the neutrality of the possessions of the International Association comprised within the frontiers marked on the annexed Map, conditionally upon discussing and regulating the conditions of such neutrality in common with the other Powers represented at the Berlin Conference.

ARTICLE 6. The Government of the French Republic recognises the flag of the International Association of the Congo—a blue flag with a golden star in the centre—as the flag of a friendly Government.

In testimony whereof the respective Plenipotentiaries have signed the present Convention and have affixed thereunto their seals.

Done at Paris the 5th February, 1885.

(L. S.) (Signed) JULES FERRY.

(L. S.) (Signed) Comte PAUL DE BORCHGRAVE D’ALTENA.

The Convention concluded with Portugal is dated 14th February, 1885.

ARTICLE 1. The International Association of the Congo hereby declares that it extends to Portugal the privileges it has conceded to the United States of America, the German Empire, England, Italy, Austria-Hungary, the Netherlands, Spain, France, and the United Kingdoms of Sweden and Norway, in virtue of the Conventions which it concluded with the Powers respectively on the 22nd April, 8th November, 16th, 19th, 24th, and 29th December, 1884, 7th January and 5th and 10th February, 1885, certified copies of which the Association engages to transmit to the Government of His Most Faithful Majesty.

ARTICLE 2. The International Association of the Congo engages moreover never to grant any privileges whatsoever to the subjects of any other nation without their being immediately extended to the subjects of His Most Faithful Majesty.

ARTICLE 3. The International Association of the Congo and His Most Faithful Majesty the King of Portugal and the Algarves adopt the following frontiers between their possessions in West Africa, namely:—

To the north of the River Congo (Zaire) the right frontier joining the mouth of the river which empties itself into the Atlantic Ocean, to the south of the Bay of Kabinda, near Ponta Vermelha, at Cabo-Lombo;

The parallel of this latter point prolonged till it intersects the meridian of the junction of the Culacalla with the Luculla;

The meridian thus fixed until it meets the River Luculla;

The course of the Luculla to its junction with the Chiloango (Luango Luce);

The course of the Congo (Zaire) from its mouth to its junction with the little River Uango-Uango;

The meridian which passes by the mouth of the little River Uango-Uango between the Dutch and Portuguese factories, so as to leave the latter in Portuguese territory, till this meridian touches the parallel of Nokki;

The parallel of Nokki till the point where it intersects the River Kuango (Cuango);

From this point, in a southerly direction, the course of the Kuango (Cuango).

ARTICLE 4. A Commission, composed of an equal number on each side of Representatives of the two sides, shall be intrusted with the duty of marking out on the spot a frontier-line in conformity with the preceding stipulations. In case of a difference of opinion, the question shall be settled by Delegates who shall be named by the International Commission of the Congo.

ARTICLE 5. His Most Faithful Majesty the King of Portugal and the Algarves is inclined to recognise the neutrality of the possessions of the International Association of the Congo, conditionally upon discussing and regulating the conditions of such neutrality in common with the other Powers represented at the Berlin Conference.

ARTICLE 6. His Most Faithful Majesty the King of Portugal and the Algarves recognises the flag of the International Association of the Congo—a blue flag with a golden star in the centre—as the flag of a friendly Government.

ARTICLE 7. The present Convention shall be ratified, and the ratifications shall be exchanged at Paris within three months, or a shorter time if possible.

In testimony of which the Plenipotentiaries of the two Contracting Parties, as well as his Excellency Baron de Courcel, Ambassador Extraordinary and Plenipotentiary of France at Berlin, as representing the mediatory Power, have signed and affixed their seal to the present Convention.

Done in triplicate at Berlin this 14th day of the month of February, 1885.

(Signed) STRAUCH.
Marquis de PÉNAFIEL.
ALPH. DE COURCEL.

Declarations were exchanged between the Belgian Government and the
Association on 25th February, 1885.

The International Association of the Congo declares by these presents that, by Treaties concluded with the legitimate Sovereigns in the basin of the Congo and its tributaries, vast territories have been ceded to it with all the rights of sovereignty, with a view to the creation of a free and independent State; that Conventions mark off the frontiers of the territories of the Association from those of France and Portugal, and that the frontiers of the Association are shown on the annexed Map;

That the said Association has adopted as the flag of the State administered by it a blue flag with a golden star in the centre;

That the said Association has resolved not to levy any customs duties on goods or products imported into its territories or carried by the road which has been made round the cataracts of the Congo; this resolution has been adopted to assist commerce to penetrate into Equatorial Africa;

That it insures foreigners who may establish themselves in its territories the right of buying, selling, or leasing lands and buildings therein situated, of establishing commercial houses, and carrying on trade under the sole condition of obeying the law. It engages, moreover, never to grant the citizens of one nation any privilege whatever without immediately extending it to the citizens of all other nations, and to do all in its power to prevent the Slave Trade.

In testimony of which the President of the Association, acting in its behalf, has hereunto affixed his seal and signature.

Berlin, the 23rd day of February, 1885.

(Signed) STRAUCH.

The Belgian Government takes note of the declarations of the International Association of the Congo, and by these presents recognises the Association within the limits indicated by it, and recognises its flag as on an equality with that of a friendly State.

In testimony of which the Undersigned, being duly authorised thereto, have hereunto affixed their seal and signature.

Berlin, the 23rd day of February, 1885.

(Signed) Comte AUGUSTE VAN DER STRATEN-PONTHOZ.
Baron LAMBERMONT.

DECLARATION OF THE GENERAL ACT OF THE BRUSSELS CONFERENCE, JULY 2, 1890

The Powers assembled in Conference at Brussels, who have ratified the General Act of Berlin of the 26th February, 1885, or who have acceded thereto,

After having drawn up and signed in concert, in the General Act of this day, a collection of measures intended to put an end to the Negro Slave Trade by land as well as by sea, and to improve the moral and material conditions of existence of the native races;

Taking into consideration that the execution of the provisions which they have adopted with this object imposes on some of them who have possessions or Protectorates in the conventional basin of the Congo obligations which absolutely demand new resources to meet them;

Have agreed to make the following Declaration:—

The Signatory or adhering Powers who have possessions or Protectorates in the said conventional basin of the Congo are authorised, so far as they require any authority for the purpose, to establish therein duties upon imported goods, the scale of which shall not exceed a rate equivalent to 10 per cent. “ad valorem” at the port of entry, always excepting spirituous liquors, which are regulated by the provisions of Chapter VI. of the General Act of this day.

After the signature of the said General Act, negotiations shall be opened between the Powers who have ratified the General Act of Berlin or who have adhered to it, in order to draw up, within the maximum limit of 10 per cent. “ad valorem” the conditions of the Customs system to be established in the conventional basin of the Congo.

Nevertheless, it is understood:—

1. That no differential treatment or transit duty shall be established;

2. That in applying the Customs system which may be agreed upon, each Power will undertake to simplify formalities as much as possible, and to facilitate trade operations;

3. That the arrangement resulting from the proposed negotiations shall remain in force for fifteen years from the signature of the present Declaration.

At the expiration of this period, and failing a fresh Agreement, the Contracting Powers shall return to the conditions provided for by Article IV. of the General Act of Berlin, retaining the power of imposing duties up to a maximum of 10 per cent. upon goods imported into the conventional basin of the Congo.

The ratifications of the present Declaration shall be exchanged at the same time as those of the General Act of this day.

In witness whereof the undersigned Plenipotentiaries have drawn up the present Declaration, and have affixed thereto their seals.

Done at Brussels, the 2nd day of the month of July, 1890.

[L. S.] Vivian, John Kirk, Alvensleben, Göhring, R. Khevenhüller, Lambermont, E. Banning, Schack de Brockdorff, J. G. de Aguera, Edm. van Eetvelde, A. van Malgeghem, A. Bourée, G. Cogordan, F. de Renzis, T. Catalani, L. Gericke, Henrique de Macedo, Pereiro Coutinho, L. Ouroussoff, Martens, Burenstam, Et Caratheodory.

TREATY OF AMITY, COMMERCE, AND NAVIGATION

HIS MAJESTY LEOPOLD II., KING OF THE BELGIANS, SOVEREIGN OF THE INDEPENDENT STATE OF THE CONGO, and

THE UNITED STATES OF AMERICA,

desiring to perpetuate, confirm and encourage the relations of commerce and of good understanding existing already between the two respective countries, by the conclusion of a treaty of amity, commerce, navigation and extradition, have for this purpose named as their respective Plenipotentiaries, viz.:

HIS MAJESTY LEOPOLD II., KING OF THE BELGIANS, SOVEREIGN OF THE INDEPENDENT STATE OF THE CONGO,

Edm. van Eetvelde, Administrator General of the Department of Foreign Affairs, Officer of His Order of Leopold, and

HIS EXCELLENCY THE PRESIDENT OF THE UNITED STATES OF AMERICA,

Edwin H. Terrell, Envoy Extraordinary and Minister Plenipotentiary of the United States of America near His Majesty the King of the Belgians, who, after having communicated to each other their full powers, found in good and due form, have agreed upon the following articles:

ARTICLE I.—There shall be full, entire and reciprocal liberty of commerce, establishment and navigation between the citizens and inhabitants of the two High contracting Parties.

The citizens and inhabitants of the Independent State of the Congo in the United States of America and those of the United States of America in the independent State of the Congo shall have reciprocally the right, on conforming to the laws of the country, to enter, travel and reside in all parts of their respective territories; to carry on business there; and they shall enjoy in this respect for the protection of their persons and their property the same treatment and the same rights as the natives, or the citizens and inhabitants of the most favoured nation.

They can freely exercise their industry or their business, as well wholesale as retail, in the whole extent of the territories, without being subjected as to their persons or their property, or by reason of their business, to any taxes, general or local, imposts or conditions whatsoever other or more onerous than those which are imposed or may be imposed upon the natives other than non-civilised aborigines, or upon the citizens and inhabitants of the most favoured nation.

In like manner, they will enjoy reciprocally the treatment of the most favoured nation in all that relates to rights, privileges, exemptions and immunities whatsoever concerning their persons or their property and in the matter of commerce, industry and navigation.

ARTICLE II.—In all that concerns the acquisition, succession, possession and alienation of property, real and personal, the citizens and inhabitants of each of the High contracting Parties shall enjoy in the territories of the other all the rights which the respective laws accord or shall accord in those territories to the citizens and inhabitants of the most favoured nation.

ARTICLE III.—The citizens and inhabitants of each of the High contracting Parties shall be exempt in the territories of the other from all personal service in the army, navy, or militia, and from all pecuniary contributions in lieu of such, as well as from all obligatory official functions whatever, except the obligation of sitting, within a radius of one hundred kilometres from the place of their residence, as a juror in judicial proceedings; furthermore, their property shall not be taken for the public service without an ample and sufficient compensation.

They shall have free access to the courts of the other, on conforming to the laws regulating the matter, as well for the prosecution as for the defence of their rights, in all the degrees of jurisdiction established by law. They can be represented by lawyers, and they shall enjoy, in this respect, and in what concerns domiciliary visits to their houses, manufactories, stores, warehouses, etc., the same rights and the same advantages which are or shall be granted to the citizens and inhabitants of the most favoured nation, or to natives.

ARTICLE IV.—The citizens and inhabitants of the two countries shall enjoy, in the territory of the other, a full and entire liberty of conscience. They shall be protected in the free exercise of their worship; they shall have the right to erect religious edifices and to organise and maintain missions.

ARTICLE V.—It will be lawful for the two High contracting Parties to appoint and establish consuls, vice consuls, deputy consuls, consular agents and commercial agents in the territories of the other; but none of these agents can exercise his functions before having received the necessary exequatur from the Government to which he is delegated.

The said agents of each of the two High contracting Parties shall enjoy, in the territories of the other, upon the footing of a complete reciprocity, all the privileges, immunities and rights which are actually granted to those of the most favoured nation or which may be accorded to them hereafter.

The said agents, citizens or inhabitants of the State by which they are appointed shall not be subject to preliminary arrest, except in the case of acts qualified as crimes by the local legislation and punished as such. They shall be exempt from military billeting and from service in the army, navy, or militia, as well as from all direct taxes, unless these should be due on account of real estate, or, unless the said agents should exercise a profession or business of any kind.

The said agents can raise their national flag over their offices.

The consular offices shall be at all times inviolable. The local authorities can not invade them under any pretext. They can not in any case examine or seize the papers which shall be there deposited. The consular offices can not, on the other hand, serve as place of asylum, and if an agent of the consular service is engaged in business, commercial or other, the papers relating to the consulate shall be kept separate.

The said agents shall have the right to exercise all the functions generally appertaining to consuls, especially in what concerns the legalisation of private and public documents, of invoices and commercial contracts, the taking of depositions and the right of authenticating legal acts and documents.

The said agents shall have the right to address the administrative and judicial authorities of the country in which they exercise their functions in order to complain of any infraction of the treaties or conventions existing between the two Governments, and for the purpose of protecting the rights and interests of the citizens and inhabitants of their country. They shall have also the right to settle all differences arising between the captains or the officers and the sailors of the sea-vessels of their nation. The local authorities shall abstain from interfering in these cases unless the maintenance of the public tranquillity requires it, or, unless their assistance should be asked by the consular authority in order to assure the execution of its decisions.

The local authorities will give to the said agents and, on their default, to the captains or their casual representatives, all aid for the search and arrest of sailor deserters, who shall be kept and guarded in the prisons of the State upon the requisition and at the expense of the consuls or of the captains, during a maximum delay of two months.

ARTICLE VI.—The citizens and inhabitants of each of the High contracting Parties shall have reciprocally, according to the same rights and conditions and with the same privileges as those of the most favoured nation, the right to enter with their vessels and cargoes into all the ports and to navigate upon all the rivers and interior waters of the other State.

The vessels of each of the contracting Parties and of its citizens or inhabitants can freely navigate upon the waters of the territory of the other, without being subject to any other tolls, charges or obligations than those which the vessels belonging to the citizens or inhabitants of the most favoured nation would have to bear.

There will not be imposed by either of the contracting Parties upon the vessels belonging to the other or to the citizens or inhabitants of the other, in the matter of tonnage, port charges, pilotage, lighthouse and quarantine dues, salvage of vessels and other administrative expenses whatsoever concerning navigation, any taxes or charges whatever, other or higher than those which are or shall be imposed upon the public or private vessels of the most favoured nation.

It is agreed that every vessel belonging to one of the High contracting Parties or to a citizen or inhabitant of one of them, having the right to bear the flag of that country and having the right to its protection, both according to the laws of that country, shall be considered as a vessel of that nationality.

ARTICLE VII.—In what concerns the freight and facilities of transportation, and tolls, the merchandise belonging to the citizens or inhabitants of one of the contracting States transported over the roads, railroads and waterways of the other State, shall be treated on the same footing as the merchandise belonging to the citizens or inhabitants of the most favoured nation.

ARTICLE VIII.—In the territories of neither of the High contracting Parties shall there be established or enforced a prohibition against the importation, exportation or transit of any article of legal commerce, produced or manufactured in the territories of the other, unless this prohibition shall equally and at once be extended to all other nations.

ARTICLE IX.—Relating to extraction was stricken out by the Senate.

ARTICLE X.—The Republic of the United States of America, recognising that it is just and necessary to facilitate to the Independent State of the Congo the accomplishment of the obligations which it has contracted by virtue of the General Act of Brussels of July 2nd, 1890, admits, so far as it is concerned, that import duties may be collected upon merchandise imported into the said State.

The tariff of these duties cannot go beyond 10 per cent. of the value of the merchandise at the port of importation, during fifteen years to date from July 2nd, 1890, except for spirits, which are regulated by the provisions of Chapter VI. of the General Act of Brussels.

At the expiration of this term of fifteen years, and in default of a new accord, the Independent State of the Congo will be placed as to the United States of America in the situation which existed prior to July 2nd, 1890; the right to impose import duties to a maximum of 10 per cent. upon merchandise imported into the said State remaining acquired to it, on the conditions and within the limitations determined in Articles XI. and XII. of this treaty.

ARTICLE XI.—The United States shall enjoy in the Independent State of the Congo, as to the import duties, all the advantages accorded to the most favoured nation.

It has been agreed besides:

1. That no differential treatment nor transit duty can be established;

2. That in the application of the tariff _régime_ which will be introduced, the Congo State will apply itself to simplify, as far as possible, the formalities and to facilitate the operations of commerce.

ARTICLE XII.—Considering the fact that in Article X. of the present treaty, the United States of America have given their assent to the establishment of import duties in the Independent State of the Congo under certain conditions, it is well understood that the said Independent State of the Congo assures to the flag, to the vessels, to the commerce and to the citizens and inhabitants of the United States of America, in all parts of the territories of that State, all the rights, privileges and immunities concerning import and export duties, tariff _régime_, interior taxes and charges and, in a general manner, all commercial interests, which are or shall be accorded to the Signatory Powers of the Act of Berlin, or to the most favoured nation.

ARTICLE XIII.—In case a difference should arise between the two High contracting Parties as to the validity, interpretation, application or enforcement of any of the provisions contained in the present treaty, and it could not be arranged amicably by diplomatic correspondence between the two Governments, these last agree to submit it to the judgment of an arbitration tribunal, the decision of which they bind themselves to respect and execute loyally.

The tribunal will be composed of three members. Each of the two High contracting Parties will designate one of them, selected outside of the citizens and the inhabitants of either of the contracting States and of Belgium. The High contracting Parties will ask, by common accord, a friendly Government to appoint the third arbitrator, to be selected equally outside of the two contracting States and of Belgium.

If an arbitrator should be unable to sit by reason of death, resignation, or for any other cause, he shall be replaced by a new arbitrator whose appointment shall be made in the same manner as that of the arbitrator whose place he takes.

The majority of arbitrators can act in case of the intentional absence or formal withdrawal of the minority. The decision of the majority of the arbitrators will be conclusive upon all questions to be determined.

The general expenses of the arbitration procedure will be borne, in equal parts, by the two High contracting Parties; but the expenses made by either of the parties for preparing and setting forth its case will be at the cost of that party.

ARTICLE XIV.—It is well understood that if the declaration on the subject of the import duties, signed July 2nd, 1890, by the Signatory Powers of the Act of Berlin, should not enter into force, in that case, the present treaty would be absolutely null and without effect.

ARTICLE XV.—The present treaty shall be subject to the approval and the ratification, on the one hand, of His Majesty the King of the Belgians, Sovereign of the Independent State of the Congo, and on the other hand, of His Excellency the President of the United States, acting by the advice and with the consent of the Senate.

The ratifications of the present treaty shall be exchanged at the same time as those of the General Act of Brussels of July 2nd, 1890, and it will enter into force at the same date as the latter.

In faith of which the respective Plenipotentiaries of the High contracting Parties have signed the present treaty, in duplicate, in French and in English, and have attached thereto their seals.

Done at Brussels, the twenty-fourth day of the month of January of the year eighteen hundred and ninety-one.

[S.] EDM. VAN EETVELDE. [S.] EDWIN H. TERRELL.

RATIFICATION BY THE UNITED STATES

And whereas the said Treaty has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of Brussels, on the 2nd day of February, 1892,

Now, therefore, be it known that I, Benjamin Harrison, President of the United States of America, have caused the said Treaty to be made public as amended, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington this second day of April in the year of our Lord one thousand eight hundred and ninety-two, and of the Independence of the United States the one hundred and sixteenth.

[SEAL] BENJ. HARRISON.

By the President.

JAMES G. BLAINE,
Secretary of State.

PROTOCOL RECORDING THE RATIFICATION BY THE UNITED STATES OF AMERICA
OF THE GENERAL ACT OF BRUSSELS OF JULY 2, 1890—SIGNED AT BRUSSELS,
FEBRUARY 2, 1892

On the 2nd February, 1892, in conformity with Article XCIX. of the General Act of the 2nd July, 1890, and with the unanimous decision of the Signatory Powers prolonging till the 2nd February, 1892, in favour of the United States, the period fixed by the said Article XCIX., the Undersigned, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, deposited in the hands of the Belgian Minister for Foreign Affairs the Ratification by the President of the United States of the said General Act.

At His Excellency’s request the following Resolution whereby the Senate of the United States consented to the Ratification of the President, was inserted in the present Protocol:—

“_Resolved_ (two-thirds of the Senators present concurring therein),

“That the Senate advise and consent to the ratification of the General Act signed at Brussels on the 2nd July, 1890, by the Plenipotentiaries of the United States and other Powers, for the suppression of the African Slave Trade, and for other purposes.

“_Resolved_ further: That the Senate advise and consent to the acceptance of the partial ratification of the said General Act on the part of the French Republic, and to the stipulations relative thereto, as set forth in the Protocol signed at Brussels on the 2nd February, 1892.

“_Resolved_ further, as a part of this act of ratification, That the United States of America, having neither Possessions nor Protectorates in Africa, hereby disclaims any intention, in ratifying this Treaty, to indicate any interest whatsoever in the Possessions or Protectorates established or claimed on that Continent by the other Powers, or any approval of the wisdom, expediency, or lawfulness thereof, and does not join in any expressions in the said General Act which might be construed as such a declaration or acknowledgment; and, for this reason, that it is desirable that a copy of this Resolution be inserted in the Protocol to be drawn up at the time of the exchange of the ratifications of this Treaty on the part of the United States.”

The above Resolution of the Senate of the United States having been textually communicated in advance by the Government of Belgium to all the Signatory Powers of the General Act, the latter have assented to its insertion in the present Protocol which shall remain annexed to the Protocol of the 2nd February, 1892.

An official notification to this effect was made to the United States Minister.

The Ratification of the President of the United States having been found in good and due form, notification of its deposit was made to his Excellency Mr. Edwin H. Terrell. It will be retained in the archives of the Belgian Foreign Office.

On proceeding to the signature of the present Protocol the Minister for Foreign Affairs of His Majesty the King of the Belgians announced that the Representative of Russia, in his note expressing the assent of his Government, expressed the opinion that it was desirable that, in the Protocol, a French translation should accompany the English text of the Resolution of the Senate of the United States of America, and that, in any case, the absence of such translation should not form a precedent.

A certified copy of the present Protocol will be sent by the Belgian Government to the Signatory Powers of the General Act.

Done at Brussels the 2nd February, 1892.

The Minister for Foreign Affairs,
(Signed) PRINCE DE CHIMAY.

The Envoy Extraordinary and Minister Plenipotentiary of the
United States of America,
(Signed) EDWIN H. TERRELL.

* * * * *

DISPATCH FROM HIS MAJESTY’S MINISTER AT BRUSSELS RESPECTING THE
COMMISSION FOR THE PROTECTION OF THE NATIVES, INSTITUTED BY THE
GOVERNMENT OF THE INDEPENDENT CONGO STATE UNDER THE DECREE OF
SEPTEMBER 18, 1896

Sir C. Phipps to the Marquess of Lansdowne.—(Received May 19.)

(Extract.)

BRUSSELS, May 18, 1903.

M. DE CUVELIER handed to me this morning the documents herewith inclosed on the subject of the working of the Commission for the Protection of the Natives, instituted by the Congo State Government under the Decree of the 18th September, 1896, which had been collected and prepared for me in consequence of my request made to that effect the day before yesterday.

Your Lordship will observe that the Congo Government places at my disposal, without concealment, the whole correspondence which has passed in regard to the Commission under discussion, including dispatches not intended for publication. It undoubtedly leads to the conclusion that, if the operation of the Commission has not been so effective as might have been anticipated, the fault has rather been due to the great extent of territory which it had the duty to watch, and to the considerable distances by which its members were separated, and not to any deficiency of conception or absence of energy on the part of the Central Government.

* * * * *

SETTLEMENTS FOR NATIVE CHILDREN

LEOPOLD II., King of the Belgians, Sovereign of the Independent State of the Congo,

To all present and to come, greeting:

_Whereas_ it is expedient to make provision for the protection of those children who have been victims of the Slave Trade; and

_Whereas_ it is the general duty of the State to assume the guardianship of abandoned children, or of those whose parents do not fulfil their duties;

Now, therefore, on the proposal of our Administrator-General of the Foreign Department, we have decreed and do hereby decree:—

ARTICLE 1. The State shall assume the guardianship of children liberated in consequence of the arrest and dispersal of a convoy of slaves; of fugitive slaves who demand such protection, of children forsaken, abandoned, or orphans, and of those whose parents do not fulfil their duty with regard to maintaining and educating them.

They shall be provided with the means of livelihood and a practical education, and established in life.

ART. 2. With this object agricultural and professional settlements shall be established, which shall admit not only such children as come under the definitions of Article 1, but, as far as may be, those children who shall ask to be admitted.

ART. 3. From the day of their admission the children shall be placed exclusively under the guardianship of the State, to which they shall remain subject, and shall be liable to work, at the discretion of the Governor-General, up to the expiration of their twenty-fifth year in return for maintenance, food, lodging, and free medical attendance.

ART. 4. Rules of administration prescribed by our Governor-General shall decide the mode and conditions of admission to the settlements, the composition of the directing staff, the programme of manual and intellectual work, the details of supervision, disciplinary penalties and their application, and the public services to which the children shall be attached.

ART. 5. The administration of the guardianship of the children admitted to the settlements shall, as far as their personal rights and property are concerned, be regulated by the Civil Code.

ART. 6. Our Administrators-General of the Foreign and Home Departments are charged, each in so far as it concerns him, with the execution of this Decree.

Done at Brussels this 12th day of July, 1890.

(Signed) LEOPOLD.
By the King-Sovereign:

The Administrator-General of the Foreign
Department,
(Signed) EDM. VAN EETVELDE.

* * * * *

INSTITUTION OF A COMMISSION FOR THE PROTECTION OF NATIVES

Leopold II., King of the Belgians, Sovereign of the Independent State of the Congo, to all present and to come, greeting:

On the motion of our Secretary of State,

We have decreed and do hereby decree:

A permanent Commission is instituted to watch over the protection of the natives throughout the territories of the State.

The members of this Commission are nominated by the King-Sovereign for a period of two years from among the representatives of philanthropic and religious Associations.

Are named in the first instance:

Mgr. van Ronslé, Bishop of Thymbrium, Vicar Apostolic of the Congo Independent State, President;

Father van Hencxthoven, J., Superior of the Jesuit Mission at Leopoldville;

Father de Cleene, of the Congregation of Scheut;

William Holman Bentley, of the Baptist Missionary Society Corporation;

Dr. A. Sims, of the American Baptist Missionary Union;

George Grenfell, of the Baptist Missionary Society Corporation, Secretary.

The members of the Commission are to inform the Judicial authorities of any acts of violence of which the natives may be the victims.

Each of the members, individually, may exercise this right of protection, and communicate directly with the Governor-General.

The Commission shall further indicate to the Government the measures to be taken to prevent slave-trading, to render more effective the prohibition or restriction of the trade in spirituous liquors, and gradually to bring about the abolition of barbarous customs, such as cannibalism, human sacrifices, ordeal by poison, etc.

Our Secretary of State is charged with the execution of the present Decree.

Done at Brussels, the 18th September, 1896.

(Signed) LEOPOLD.
By the King-Sovereign:

The Secretary of State,
(Signed) EDM. VAN EETVELDE.

* * * * *

LETTER OF INSTRUCTION FROM THE SECRETARY OF STATE TO THE GOVERNOR-GENERAL AT BOMA _IN RE_ PROTECTION OF NATIVES

BRUSSELS, October 1, 1896.

SIR,

I have the honour to transmit to you herewith a certified copy of a Decree, dated the 18th September, appointing a Commission for the protection of natives.

It has seemed advisable that selected and impartial men, without official or administrative connection, should be placed in a position to form a perfectly independent opinion in regard to any acts of violence of which the natives may have to complain. Such is the object of the new Commission which has been appointed to watch over the protection of natives throughout the country.

Its members are nominated by the King-Sovereign, for a period of two years, from among the representatives of philanthropic and religious Associations.

By this expression the Decree pointed specially to the missionaries, who were, indeed, marked out for nomination in virtue of their office.

The first members nominated are: Mgr. van Ronslé, Fathers van Hencxthoven and De Cleene, the Protestant missionaries William Holman Bentley, Dr. A. Sims, and G. Grenfell. The last mentioned is appointed Secretary; Mgr. van Ronslé is nominated President.

I have to request you to inform them individually of their selection by the King-Sovereign; the Government are confident that they will not be appealing in vain to the devotion of these gentlemen in requesting the assistance of their services in a work of humanity and protection. One of the authenticated copies of the Decree hereto annexed is intended for each, and will serve as a letter of appointment.

The Decree specifies the duty intrusted to them as being that of notifying to the judicial authorities acts of violence of which the natives may be the victims. This right of initiative belongs to each member individually, that is to say, that he can act separately without any co-operation on the part of the other members of the Commission. Each member may of his own accord address direct communications to the Governor-General with regard to any matters which come within the scope of his mission.

It is the express desire of the Government that the authorities should act upon the information thus given by the members of the Commission, and open an inquiry and institute proceedings either administrative or, in cases of infractions of the law, judicial, in accordance with the general instructions given to the Department of Criminal Justice (_le Parquet_).

It will hardly be necessary to call the attention of the members of the Commission to the fact that, by reason of the great attention which will be paid to any complaint which they may make, it will behove them to act with circumspection, and to give the authority of their support only to those facts of which they may have personal knowledge, and which are based on trustworthy evidence.

The Decree lastly provides that the Commission may, through the medium of its Secretary, indicate to the Government the measures to be taken to prevent slave-trading, to render more effective the prohibition or restriction of the trade in spirituous liquors, and gradually to bring about the disappearance of inhuman practices. The simplest mode of procedure will be for the Secretary of the Commission—and I am sure that Mr. G. Grenfell will be willing to accept the duty—to forward to the Governor-General a half-yearly report on these questions, containing the observations and proposals of the members of the Commission on the subject. This half-yearly report would also deal with the working of the Commission, the acts of violence definitely established by the members, the complaints made, and the results achieved.

I have to request you to keep me informed of the manner in which the new Decree is carried out, and to acquaint me with the definite constitution of the Commission.

The terms of the Decree seem calculated to afford the natives a real guarantee. In order to strengthen this still more, the Government have decided that all offences against the persons of natives, and all attempts against their liberties committed by Europeans, shall be remitted exclusively to the Court of First Instance at Boma, that is to say, before a Court sitting under the fullest conditions of publicity and control. I therefore request that you will instruct the Public Prosecutors (_Parquet_) to bring offences of the kind before that Court, instead of sending them to the territorial Courts, reserving of course the special jurisdiction which the law gives to military Courts (_Conseils de Guerre_) in the case of soldiers.

Believe, etc.,
The Secretary of State,
(Signed) EDM. VAN EETVELDE.

* * * * *

BOLOBO, December 26, 1896.

REVEREND SIR,

I have the honour to transmit to you herewith a certified copy of the Decree of the 18th December last appointing a Commission for the protection of natives, and nominating you to fulfil the duties of Secretary to the said Commission. This authenticated copy will serve you as your letter of appointment to the important functions for the performance of which the King-Sovereign has selected you. The Government are confident that their appeal for your assistance in a work of humanity and protection will not be in vain.