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CHAPTER II.

DECLARATION CONCERNING THE SLAVE TRADE.

Article IX.

In conformity with the principles of the right of natives as recognized by the signatory Powers, the slave trade being forbidden, and operations, which on land or sea supply slaves for the trade, being equally held to be forbidden, the Powers, which exercise or will exercise rights of sovereignty or influence in the territories forming the basin of the Congo, declare that these territories shall serve neither for the place of sale, nor the way of transit for traffic in slaves of any race whatsoever. Each of the Powers undertakes to employ every means that it can to put an end to the trade and to punish those who engage in it.

CHAPTER III.

DECLARATION RELATING TO THE NEUTRALITY OF THE TERRITORIES COMPRISED IN THE SAID BASIN OF THE CONGO.

Article X.

In order to give a new guarantee of security for commerce and industry, and to encourage by the maintenance of peace the development of civilization in the countries mentioned in Article I, or placed under the system of free trade, the High Parties signatory to the present Act, and those who will accept the same, hereby undertake to respect the neutrality of the territories or parts of the territories dependent on the said countries, comprising therein the territorial waters, for so long as the Powers, which exercise, or will exercise, the rights of sovereignty or protectorate over the territories, avail themselves of the right to proclaim them neutral, and fulfill the duties that neutrality implies.

Article XI.

In cases where a Power exercising the rights of sovereignty or protectorate in the countries as mentioned in Article I, and placed under the system of free trade, shall be involved in war, the High Parties signatory to the present Act, and those who will accept the same, hereby engage to use their good officers so that the territories belonging to that Power, and comprised within the said boundaries where free trade exists, shall, by the mutual consent of that Power and of the other, or others, of the belligerent parties, be held to be neutral, for so long as the war lasts, and considered as belonging to a non-belligerent state, the belligerent parties will then abstain from extending hostilities into such neutralized territories as well as from using them as a base for operations of war.

Article XII.

In the event of a serious disagreement originating on the subject, or arising within the limits of the territories mentioned in Article I and placed under the system of freedom of trade, between Powers signatory to the present Act, or Powers accepting the same, these Powers undertake, before appealing to arms, to have recourse to the mediation of one or several of the friendly Powers.

Under the said circumstances the said Powers reserve to themselves the option of proceeding to arbitration.

CHAPTER IV.

ACT OF THE NAVIGATION OF THE CONGO.

Article XIII.

The navigation of the Congo, without any exception of any branches or issues of the river, is to remain entirely free for merchant shipping of all nations in cargo or ballast, for the carriage of cargo or the carriage of passengers. It shall be in accordance with the provisions of the present Act of navigation, or of the regulations established in execution of the said Act.

In the exercise of that navigation, the subjects and flags of all nations, shall, under all circumstances, be treated on a footing of absolute equality, as well as regards the direct navigation from the open sea towards the interior parts of the Congo, and vice versa, as for grand and petty coasting, and boat and river work all along the river.

Consequently, throughout the Congo’s course and mouth, no distinction shall be made between the subjects of the river-side States, and those not bordering on the river, and no exclusive privilege of navigation shall be granted either to societies, corporations or individuals.

These provisions are recognized by the signatory Powers, as henceforth forming part of public international law.

Article XIV.

The navigation of the Congo shall not be subjected to any restraints or imposts which are not expressly stipulated for in the present Act. It shall not be burdened with any duties for harborage stoppages, depots, breaking bulk, or putting in through stress of weather.

Throughout the length of the Congo, ships and merchandise passing along the stream shall be subject to no transit dues, no matter what may be their origin or destination.

There shall not be established any tolls, marine or river, based on the fact of navigation alone, nor shall any duty be imposed on the merchandise on board the vessels. Such taxes and duties only shall be levied, as are of the character of remuneration for services rendered, to the said navigation. That is to say:—

(1) Taxes of the port for the actual use of certain local establishments, such as wharves, warehouses etc. The tariff of such taxes to be calculated on the expenses of construction and support of the said local establishments, and in its application to be independent of the origin of the vessels and their cargo.

(2) Pilotage dues on sections of the river, or where it appears necessary to establish stations of certificated pilots.

The tariff of these dues to be fixed and proportionate to the services rendered.

(3) Dues in respect of the technical and administrative expenses, imposed in the general interest of the navigation, and comprising light-houses, beacon, and buoyage dues.

Dues of the last description to be based on the tonnage of the ships, according to the papers on board, and to be conformable to the regulations in force on the Lower Danube.

The tariffs of the taxes and dues mentioned in the three preceding paragraphs are not to admit of any differential treatment, and are to be officially published in each port.

The Powers reserve to themselves the right, at the end of five years, by mutual agreement, to inquire into the above-mentioned tariffs in case they require revision.

Article XV.

The affluents of the Congo shall, under all circumstances, be subject to the same regulations as the river of which they are the tributaries.

The same regulations shall apply to the lakes and canals as to the rivers and streams in the territories defined in Article I, paragraphs 2 and 3.

Nevertheless the Powers of the International Commission of the Congo shall not extend over the said rivers, lakes and canals, unless with the assent of the States under whose sovereignty they are placed. It is also understood that for the territories mentioned in Article I, paragraph 3, the consent of the sovereign States on whom these territories are dependent remains reserved.

Article XVI.

The roads, railways, or lateral canals, which shall be established for the special object of supplementing the innavigability or imperfections of the water-way in certain sections of the Congo, of its affluents and other water-courses held to be like unto them by Article XV, shall be considered in their capacity as means of communication as dependencies of the river, and shall be likewise open to the traffic of all nations.

And as on the river, there shall be levied on these roads, railways and canals only tolls calculated on the expenses of construction, maintenance and administration, and on the profits due to the promoters.

In the assessment of these tolls, foreigners and the inhabitants of the respective territories shall be treated on a footing of perfect equality.

Article XVII.

An International Commission is instituted and appointed to ensure the execution of the provisions of the present Act of Navigation.

The Powers signatory to this Act, as well as those who afterwards accept it, shall at all times be represented on the said Commission, each by a delegate. No delegate shall have more than one vote, even in the event of his representing several governments.

This delegate shall be paid by his own government direct. The salaries and allowances of the agents and servants of the International Commission shall be charged to the proceeds of the dues levied conformably to Article XIV, paragraphs 2 and 3.

The amounts of said salaries and allowances, as well as the number, position and duties of the agents and servants, shall appear in the account rendered each year to the Governments represented on the International Commission.

Article XVIII.

The members of the International Commission, as well as the agents nominated by them, are invested with the privilege of inviolability in the exercise of their functions. The same guarantee shall extend to the offices, premises and archives of the Commission.

Article XIX.

The International Commission for the navigation of the Congo, shall be constituted as soon as five of the signatory Powers of the present General Act shall have nominated their delegates. Pending the constitution of the Commission, the nomination of the delegates shall be notified to the Government of the German Empire, by whom the necessary steps will be taken to manage the meeting of the Commission.

The Commission will draw up, without delay, the arrangements for the navigation, river police, pilotage and quarantine.

These regulations, as well as the tariffs, instituted by the Commission, before being put in force, shall be submitted to the approbation of the Powers represented on the Commission. The powers interested, shall declare their opinion therein with the least possible delay.

Offences against these regulations shall be dealt with by the agents of the International Commission, where it exercises its authority direct, and in other places by the river-side Powers.

In case of abuse of power or injustice on the part of an agent or servant of the International Commission, the individual considering himself injured in his person or his rights, shall apply to the consular agent of his nation. He will inquire into his complaint, and if prima facié, he finds it reasonable, he shall be entitled to report it to the Commission. On his initiative, the Commission, represented by three or fewer of its members, shall join with him in an inquiry touching the conduct of its agent or servant. If the Consular agent considers the decision of the Commission as objectionable in law, he shall report to the Government, who shall refer to the Powers represented on the Commission, and invite them to agree as to the instructions to be given to the Commission.

Article XX.

The International Commission of the Congo, entrusted under the terms of Article XVII, with insuring the execution of the present Act of Navigation, shall specially devote its attention to:—

(1.) The indication of such works as are necessary for insuring the navigability of the Congo, in accordance with the requirements of international trade.

On sections of the river where no Power exercises rights of sovereignty, the international Commission shall itself take the measures necessary for insuring the navigability of the stream.

On sections of the river occupied by a sovereign Power, the International Commission shall arrange with the river-side authority.

(2.) The fixing of the tariff for pilotage, and of the general tariff of navigation dues, provided for in the second and third paragraphs of Article XIV.

The tariffs mentioned in the first paragraph of Article XIV, shall be settled by the territorial authority within the limits provided for in that article.

The collection of these dues shall be under the care of the international or territorial authority, on whose account they have been established.

3. The administration of the revenues accruing from the application of the foregoing paragraph 2.

4. The surveillance of the quarantine establishment instituted in compliance with Article XXIV.

5. The nomination of agents for the general service of the navigation and its own particular servants.

The appointment of sub-inspectors shall belong to the territorial authority over sections occupied by a Power, and to the International Commission over the other sections of the river.

The river-side Power will notify to the International Commission the nomination of its sub-inspectors which it shall have appointed, and this Power shall pay their salaries.

In the exercise of its duties, as defined and limited above, the International Commission shall not be subject to the territorial authority.

Article XXI.

In the execution of its task, the International Commission shall have recourse, in case of need, to the vessels of war belonging to the signatory Powers of this Act, and to those which in the future shall accept it, if not in contravention of the instructions which shall have been given to the commanders of those vessels by their respective governments.

Article XXII.

The vessels of war of the Powers signatory to the present Act which enter the Congo are exempt from the payment of the navigation dues provided for in paragraph 3 of Article XIV; but they shall pay the contingent pilotage dues as well as the harbor dues, unless their intervention has been demanded by the International Commission or its agents under the terms of the preceding Article.

Article XXIII.

With the object of meeting the technical and administrative expenses which it may have to incur, the International Commission, instituted under Article XVII, may in its own name issue loans secured on the revenues assigned to the said Commission.

The resolutions of the Commission regarding the issue of a loan must be carried by a majority of two-thirds of its votes. It is understood that the Governments represented on the Commission shall not, in any case, be considered as assuming any guarantee nor contracting any engagement or joint responsibility with regard to said laws, unless special treaties are concluded amongst them to that effect.

The proceeds of the dues specified in the third paragraph of Article XIV shall be in the first place set aside for the payment of interest and the extinction of said loans, in accordance with the agreements entered into with the lenders.

Article XXIV.

At the mouths of the Congo there shall be founded, either at the initiation of the river-side Powers, or by the intervention of the International Commission, a quarantine establishment, which shall exercise control over the vessels entering and departing.

It shall be decided later on by the Powers, if any, and under what conditions, sanitary control shall be exercised over vessels navigating the river.

Article XXV.

The provisions of the present Act of Navigation shall remain in force during times of war. Consequently, the navigation of all nations, neutral and belligerent, shall at all times be free for the purposes of trade on the Congo, its branches, its affluents, and its mouths, as well as on the territorial waters fronting the mouths of the river.

The traffic shall likewise remain free, notwithstanding the state of war, on its roads, railways, lakes and canals, as mentioned in Articles XV and XVI.

The only exception to this principle shall be in cases in connection with the transport of articles intended for a belligerent, and held in accordance with the law of nations to be contraband of war.

All the works and establishments instituted in execution of the present Act, particularly the offices of collection and their funds, the same as the staff permanently attached to the service of such establishments, shall be treated as neutral, and shall be respected and protected by the belligerents.

CHAPTER V.

THE ACT OF NAVIGATION OF THE NIGER.

Article XXVI.

The navigation of the Niger, without excepting any of the branches or issues, is, and shall continue free for merchant vessels of all nations, in cargo or ballast, conveying goods or conveying passengers. It shall be conducted in accordance with the provisions of the present Act of Navigation, and with the regulations established in execution of the same Act.

In the exercise of that navigation, the subjects and flags of every nation shall be treated, under all circumstances, on a footing of perfect equality, as well in the direct navigation from the open sea to the interior ports of the Niger, and vice versa, as for grand and petty coasting, and in boat and river work throughout its course.

Consequently throughout the length and mouths of the Niger, there shall be no distinction between the subjects of the riverside States, and those of States not bordering on the river, and there shall be conceded no exclusive privilege of navigation to any society, or corporation or individual.

These provisions are recognised by the signatory Powers as henceforth forming part of public international law,

Article XXVII.

The navigation of the Niger shall not be subjected to any obstacle nor duty based only on the fact of the navigation.

It shall not be subject to any duties for harborage, stoppages, depots, breaking bulk, or putting into port through stress of weather.

Throughout the length of the Niger, vessels and goods passing along the stream shall not be subject to any transit dues, whatsoever may be their origin or destination.

There shall be established no sea or river toll, based on the sole fact of navigation, nor any duty on the goods which happen to be on board the ships. Only such taxes and dues shall be levied as are of the nature of a payment for services rendered to the said navigation. The tariff of these taxes or dues shall admit of no differential treatment.

Article XXVIII.

The affluents of the Niger shall in every respect be subject to the same regulations as the river of which they are the tributaries.

Article XXIX.

Roads, railways or lateral canals, which shall be established with the special object of supplementing the innavigability or other imperfections of the waterway, in certain sections of the course of the Niger, its affluents, its branches, and its issues, shall be considered, in their capacity of means of communication, as dependencies of the river and shall be open similarly to the traffic of all nations,

As on the river, there shall be levied on the roads, railways and canals, only such tolls as are calculated on the expenses of construction, maintenance and administration, and on the profits due to the promoters.

In the assessment of these tolls, foreigners and the inhabitants of the respective territories, shall be treated on a footing of perfect equality.

Article XXX.

Great Britain undertakes to apply the principles of freedom of navigation annunciated in Articles XXVI., XXVII., XXVIII., XXIX., to so much of the waters of the Niger and its affluent branches and issues as are or shall be under her sovereignty or protectorate.

The regulations she will draw up for the safety and control of the navigation, shall be designed to facilitate, as much as possible, the passage of merchant shipping.

It is understood that nothing in the engagements thus accepted shall be interpreted as hindering or likely to hinder Great Britain from making any regulations whatever as to the navigation which shall not be contrary to the spirit of such engagements.

Great Britain undertakes to protect foreign traders of every nation engaged in commerce in those parts of the course of the Niger, which are or shall be under her sovereignty or protectorate, as if they were her own subjects, provided that such traders conform to the regulations which are or shall be established in accordance with the foregoing.

Article XXXI.

France accepts, under the same reservations and identical terms, the obligations set forth in the preceding articles, so far as they apply to the waters of the Niger, its affluents, its branches and its issues, which are or shall be under her sovereignty or protectorate.

Article XXXII.

Each of the other Signatory Powers similarly undertake, that they will similarly act in such cases as they exercise or may hereafter exercise, rights of sovereignty or protectorate, in any part of the Niger, its affluent branches or issues.

Article XXXIII.

The provisions of the present Act of Navigation shall remain in force during times of war. Consequently, the navigation of all nations, neutral or belligerant, shall at all times be free for the purpose of trade on the Niger, its branches, affluents, mouths and issues, as well as on the territorial waters fronting the mouths and issues of the river.

The traffic shall likewise remain free, notwithstanding the state of war, on its roads, its railways and canals mentioned in Article XXIX.

The only exception to this principle shall be in cases in connection with the transport of articles intended for a belligerent, and held, in accordance with the laws of nations, to be contraband of war.

CHAPTER VI.

DECLARATION RELATIVE TO THE ESSENTIAL CONDITIONS FOR NEW ANNEXATIONS ON THE AFRICAN CONTINENT TO BE CONSIDERED EFFECTIVE.

Article XXXIV.

The Power, which in future takes possession of a territory on the coast of the African Continent, situated outside of its actual possessions, or which, having none there, has first acquired them, and the power which assumes a protectorate, shall accompany either act by a notification addressed to the other Powers signatory to the present Act, so as to enable them to protest against the same, if there exist any grounds for their doing so.

Article XXXV.

The Powers signatory to the present Act, recognize the obligation to insure in the territories occupied by them on the coasts of the African Continent, the existence of an adequate authority to enforce respect for acquired rights, and for freedom of trade and transit wherever stipulated.

CHAPTER VII.

GENERAL PROVISIONS.

Article XXXVI.

The Powers signatory to the present general Act reserve to themselves the right of eventually, by mutual agreement, introducing therein modifications or improvements, the utility of which has been shown by experience.

Article XXXVII.

The Powers who may not have signed the present Act shall accept its provisions by a separate Act.

The adhesion of each Power shall be notified in the usual diplomatic manner to the Government of the German Empire, and by it to those of all the signatory and adherent States.

The adhesion shall imply the full right of acceptance of all the obligations, and admission to all the advantages stipulated for in the present general Act.

Article XXXVIII.

The present general Act shall be ratified with as short a delay as possible, and in no case shall that delay exceed a year.

It shall come into force for each Power on the date of its ratification by that Power.

Meanwhile the Powers signatory to the present Act bind themselves to adopt no measure that shall be contrary to the provisions of the said Act.

Each Power shall send its ratification to the Government of the German Empire, which undertakes to ratify the same to all the signatory Powers of the present general Act.

The ratifications of all the Powers shall remain deposited in the archives of the Government of the German Empire. When all the ratifications shall have been produced, a deed of deposit shall be drawn up in a protocol, which shall be signed by the Representatives of all the Powers that have taken part in the Berlin Conference, and a certified copy of it shall be sent to each of those Powers.

In consideration of which, the respective Plenipotentiaries have signed the present general Act, and hereto affix their seals.

Done at Berlin, February 26th, 1885.

Inasmuch as the Congo Free State starts with the sanction of all the leading powers of civilization, it assumes a dignity, at its very inception, which attaches to no other African dynasty. It is, or ought to be, beyond those jealousies which have torn, and are tearing, other possessions in Africa to pieces, and retarding their colonization and development. Further, the terms of its creation ought to assure it the united sympathy and combined energy of its patrons and founders, and these ought to be invincible within its magnificent boundaries for overcoming every obstacle to permanent sovereignty and commercial, industrial and moral development.

But the spirit of comity, which has made a Congo Free State possible, might as well have rescued Equatorial Africa, from ocean to ocean, from the rapacious grasp of the jealous and contending powers of Europe. True, something like a free belt has been recognized, extending to within a few miles of the Eastern coast, and intended to secure an outlet for products which can be more advantageously marketed in that direction; yet this is of no avail against projects designed to appropriate and control, politically and commercially, the immense sweep of country between the Congo Free State and Indian Ocean; it is rather an incentive to these powers to make haste in their work of appropriation and reduction, and they are at it with an earnestness which savors of the days when two Americas furnished the flesh for picking, and the bone for angry contention. Great Britain, Portugal, Germany, Italy, are in clash about East African areas, protectorates, sovereignties, commercial interests, with the likelihood of further trouble, and such deep complications as arms only can simplify and relieve.

Looking but a little into the future, one can catch a glimpse of the fate in store for East Africa. It is to be the grand political offset to the Congo Free State. This has been resolved upon by Great Britain, and its outlines are already mapped in her foreign policy. As matters stand, there is nothing to prevent the consummation of her designs. She has virtual possession of the Eastern coast from Cape Colony to the mouth of the Zambezi. She has Egypt in her grasp, which means the Nile valley from Alexandria to the head lakes, Victoria, Albert and Edward Nyanza, with their drainage systems.

On the ocean side the power of the Sultan has been already limited to Zanzibar and adjacent islands, and it is now like the last flicker of a wasted candle. On the Zambezi, and north of it, up the Shire to Lake Nyassa, come the claims of Portugal. Portugal is weak, and a poor colonizer at that. She can be ousted by diplomacy or sat down upon by force. The German and Italian interests will eventually blend with those of Great Britain, or shape themselves into well-defined states, pledged to peace and anxious to be let alone.

England is well equipped for this gigantic undertaking. She has an extensive South African and Egyptian experience. She has her experience in India, which she need but repeat in Africa to realize her dreams, or at least achieve more than would be possible with any other power. And then India is over-populated. It might be that thousands, perhaps millions, of her people would swarm to African shores, where they would find a climate not unlike their own, and resources which they could turn to ready account. At any rate, England could enlist in India an army for the occupation of East Africa. Her Indian contingent in Egypt answered an excellent purpose, and redeemed the otherwise fatal campaign toward Khartoum.

The business of establishing an internal economy in this new empire is easier for Great Britain than any other country. Her prestige means as much with native tribes as with the petty sovereignties of Europe, or the islands of the Pacific. Her shows of force are impressive, her methods of discipline effective. In the midst of opposition her hand is hard and heavy. A string of fortifications from the Zambezi to Cairo, with native garrisons, under control of English army officers, would inspire the natives with fear and assure their allegiance. The tact of her traders and the perseverance of her missionaries would bring about all else that might be necessary to create a thrifty and semi-Christian State.

Our posterity will watch with interest the development of Africa through the agency of its Congo Free State on the west, and its Imperial State on the east; the one contributing to the glory of all civilized nations, the other to that of a single nation; the one an enlargement of sovereignty, the other a concentration of it. One has for its inspiration the genius of freedom, the other the genius of force. One is a dedication to civilizing influences, the other is a seizure and appropriation in the name of civilization. We can conceive of the latter, under the impetus of patronage and of concentrated energy, supplemented by arbitrary power, taking the lead for a time, and maintaining it till its viceroyalties become centers of corruption and its subjects helpless peons. But in the end, the former will bound to the front, lifted by internal forces, which are free and virile, buoyed by a spirit of self-helpfulness and independence, sustained from without by universal sympathy and admiration, and from within by beings who have voluntarily consented and contributed to their progress and enlightenment, and are proud participants in their own institutions.

The historian of a century hence will confirm or deny the above observations. If he confirms them, he will add that long experience proved the inutility of forcing our governments, usages and peoples on those of Africa without modification, and to the utter subordination of those which were native; but that, on the contrary, the best civilizing results were obtained by recognition of native elements, their gradual endowment with sovereignty, their elevation to the trusts which commerce and industry impose. It is time that our boasted civilization should show a conquest which is not based on the inferiority, wreck and extermination of the races it meets with in its course. It has careered around the globe in temperate belts, stopping for nothing that came in its way, justifying everything by its superiority. Nature calls a halt in mid-Africa, and practically says: “The agents of civilization are already here. Use them, but do not abuse. You can substitute no other that will prove either permanent or profitable.”

FRONT. TIPPOO TIB’S GRAND CANOES GOING DOWN THE CONGO.

REAR. TIPPOO TIB’S GRAND CANOES GOING DOWN THE CONGO.

HENRY M. STANLEY, FROM A LATE PORTRAIT.