Part 42 (1/2)

Wolf, greatly extended the knowledge of the southern and central parts of the Congo basin[457]. In the meantime the British missionaries, Rev.

W.H. Bentley and Rev. G. Grenfell, carried on explorations, especially on the River Ubangi, and in the lands between it and the Congo. The part which missionaries have taken in the work of discovery and pacification ent.i.tles them to a high place in the records of equatorial exploration; and their influence has often been exerted beneficially on behalf of the natives. We may add here that M. de Brazza did good work for the French tricolour in exploring the land north of the Congo and Ubangi rivers; he founded several stations, which were to develop into the great French Congo colony.

[Footnote 457: H. von Wissmann, _My Second Journey through Equatorial Africa_, 1891. Rev. W.H. Bentley, _Pioneering on the Congo_, 2 vols.]

Meanwhile events had transpired in Europe which served to give stability to these undertakings. The energy thrown into the exploration of the Congo basin soon awakened the jealousy of the Power which had long ago discovered the mouth of the great river and its adjacent coasts. In the years 1883, 1884, Portugal put forward a claim to the overlords.h.i.+p of those districts on the ground of priority of discovery and settlement.

On all sides that claim was felt to be unreasonable. The occupation of that territory by the Portuguese had been short-lived, and nearly all traces of it had disappeared, except at Kabinda and one or two points on the coast. The fact that Diogo Cam and others had discovered the mouth of the Congo in the fifteenth century was a poor argument for closing to other peoples, three centuries later, the whole of the vast territory between that river and the mouth of the Zambesi. These claims raised the problem of the Hinterland, that is, the owners.h.i.+p of the whole range of territory behind a coast line. Furthermore, the Portuguese officials were notoriously inefficient and generally corrupt; while the customs system of that State was such as to fetter the activities of trade with shackles of a truly mediaeval type.

Over against these musty claims of Portugal there stood the offers of ”The International a.s.sociation of the Congo” to bring the blessings of free trade and civilisation to downtrodden millions of negroes, if only access were granted from the sea. The contrast between the dull obscurantism of Lisbon and the benevolent intentions of Brussels struck the popular imagination. At that time the eye of faith discerned in the King of the Belgians the ideal G.o.dfather of a n.o.ble undertaking, and great was the indignation when Portugal interfered with freedom of access to the sea at the mouth of the Congo. Various matters were also in dispute between Portugal and Great Britain respecting trading rights at that important outlet; and they were by no means settled by an Anglo-Portuguese Convention of February 26 (1884), in which Lord Granville, Foreign Minister in the Gladstone Cabinet, was thought to display too much deference to questionable claims. Protests were urged against this Convention, by the United States, France, and Germany, with the result that the Lisbon Government proposed to refer all these matters to a Conference of the Powers; and arrangements were soon made for the summoning of their representatives to Berlin, under the presidency of Prince Bismarck.

Before the Conference met, the United States took the decisive step of recognising the rights of the a.s.sociation to the government of that river-basin (April 10, 1884)--a proceeding which ought to have secured to the United States an abiding influence on the affairs of the State which they did so much to create. The example set by the United States was soon followed by the other Powers. In that same month France withdrew the objections which she had raised to the work of the a.s.sociation, and came to terms with it in a treaty whereby she gained priority in the right of purchase of its claims and possessions. The way having been thus cleared, the Berlin Conference met on November 15, 1884. Prince Bismarck suggested that the three chief topics for consideration were (1) the freedom of navigation and of trade in the Congo area; (2) freedom of navigation on the River Niger; (3) the formalities to be thenceforth observed in lawful and valid annexations of territories in Africa. The British plenipotentiary, Sir Edward Malet, however, pointed out that, while his Government wished to preserve freedom of navigation and of trade upon the Niger, it would object to the formation of any international commission for those purposes, seeing that Great Britain was the sole proprietory Power on the Lower Niger (see Chapter XVIII.)[458]. This firm declaration possibly prevented the intrusion of claims which might have led to the whittling down of British rights on that great river. An Anglo-French Commission was afterwards appointed to supervise the navigation of the Niger.

[Footnote 458: See Protocols, _Parl. Papers_, Africa, No. 4 (1885), pp.

119 _et seq_.]

The main question being thus concentrated on the Congo, Portugal was obliged to defer to the practically unanimous refusal of the Powers to recognise her claims over the lower parts of that river; and on November 19 she conceded the principle of freedom of trade on those waters. Next, it was decided that the Congo a.s.sociation should acquire and hold governing rights over nearly the whole of the vast expanse drained by the Congo, with some reservations in favour of France on the north and Portugal on the south. The extension of the principle of freedom of trade nearly to the Indian Ocean was likewise affirmed; and the establishment of monopolies or privileges ”of any kind” was distinctly forbidden within the Congo area.

An effort strictly to control the sale of intoxicating liquors to natives lapsed owing to the strong opposition of Germany and Holland, though a weaker motion on the same all-important matter found acceptance (December 22). On January 7, 1885, the Conference pa.s.sed a stringent declaration against the slave-trade:--”. . . these regions shall not be used as markets or routes of transit for the trade in slaves, no matter of what race. Each of these Powers binds itself to use all the means at its disposal to put an end to this trade, and to punish those engaged in it.”

The month of February saw the settlement of the boundary claims with France and Portugal, on bases nearly the same as those still existing.

The Congo a.s.sociation gained the northern bank of the river at its mouth, but ceded to Portugal a small strip of coast line a little further north around Kabinda. These arrangements were, on the whole, satisfactory to the three parties. France now definitively gained by treaty right her vast Congo territory of some 257,000 square miles in area, while Portugal retained on the south of the river a coast nearly 1000 miles in length and a dominion estimated at 351,000 square miles.

The a.s.sociation, though handing over to these Powers respectively 60,000 and 45,000 square miles of land which its pioneers hoped to obtain, nevertheless secured for itself an immense territory of some 870,000 square miles.

The General Act of the Berlin Conference was signed on February 26, 1885. Its terms and those of the Protocols prove conclusively that the governing powers a.s.signed to the Congo a.s.sociation were a.s.signed to a neutral and international State, responsible to the Powers which gave it its existence. In particular, Articles IV. and V. of the General Act ran as follows:--

Merchandise imported into these regions shall remain free from import and transit dues. The Powers reserve to themselves to determine, after the lapse of twenty years, whether this freedom of import shall be retained or not.

No Power which exercises, or shall exercise, sovereign rights in the above mentioned regions shall be allowed to grant therein a monopoly or favour of any kind in matters of trade.

Foreigners, without distinction, shall enjoy protection of their persons and property, as well as the right of acquiring and transferring movable and immovable possessions, and national rights and treatment in the exercise of their professions.

Before describing the growth of the Congo State, it is needful to refer to two preliminary considerations. Firstly, it should be noted that the Berlin Conference committed the mistake of failing to devise any means for securing the observance of the principles there laid down. Its work, considered in the abstract, was excellent. The mere fact that representatives of the Powers could meet amicably to discuss and settle the administration of a great territory which in other ages would have provoked them to deadly strifes, was in itself a most hopeful augury, and possibly the success of the Conference inspired a too confident belief in the effective watchfulness of the Powers over the welfare of the young State to which they then stood as G.o.dfathers. In any case it must be confessed that they have since interpreted their duties in the easy way to which G.o.dfathers are all too p.r.o.ne. As in the case of the Treaty of Berlin of 1878, so in that of the Conference of Berlin of 1885, the fault lay not in the promise but in the failure of the executors to carry out the terms of the promise.

Another matter remains to be noted. It resulted from the demands urged by Portugal in 1883-84. By way of retort, the plenipotentiaries now declared any occupation of territory to be valid only when it had effectively taken place and had been notified to all the Powers represented at the Conference. It also defined a ”sphere of influence”

as the area within which one Power is recognised as possessing priority of claims over other States. The doctrine was to prove convenient for expansive States in the future.

The first important event in the life of the new State was the a.s.sumption by King Leopold II. of sovereign powers. All nations, and Belgium not the least, were startled by his announcement to his Ministers, on April 16, 1885, that he desired the a.s.sent of the Belgian Parliament to this proceeding. He stated that the union between Belgium and the Congo State would be merely personal, and that the latter would enjoy, like the former, the benefits of neutrality. The Parliament on April 28 gave its a.s.sent, with but one dissentient voice, on the understanding stated above. The Powers also signified their approval. On August 1, King Leopold informed them of the facts just stated, and announced that the new State took the t.i.tle of the Congo Free State (_L'etat independant du Congo_)[459].

[Footnote 459: _The Story of the Congo Free State_, by H.W. Wack (New York, 1905), p. 101; Wauters, _L'etat independant du Congo_, pp. 36-37.]

Questions soon arose concerning the delimitation of the boundary with the French Congo territory; and these led to the signing of a protocol at Brussels on April 29, 1887, whereby the Congo Free State gave up certain of its claims in the northern part of the Congo region (the right bank of the River Ubangi), but exacted in return the addition of a statement ”that the right of pre-emption accorded to France could not be claimed as against Belgium, of which King Leopold is sovereign[460].”

[Footnote 460: _The Congo State_, by D.C. Boulger (London, 1896), p.

62.]

There seems, however, to be some question whether this clause is likely to have any practical effect. The clause is obviously inoperative if Belgium ultimately declines to take over the Congo territory, and there is at least the chance that this will happen. If it does happen, King Leopold and the Belgian Parliament recognise the prior claim of France to all the Congolese territory. The King and the Congo Ministers seem to have made use of this circ.u.mstance so as to strengthen the financial relations of France to their new State in several ways, notably in the formation of monopolist groups for the exploitation of Congoland. For the present we may remark that by a clause of the Franco-Belgian Treaty of Feb. 5, 1895, the Government of Brussels declared that it ”recognises the right of preference possessed by France over its Congolese possessions, in case of their compulsory alienation, in whole or in part[461].”

[Footnote 461: Cattier, _Droit et Administration de l'etat independent du Congo_, p. 82.]

Meanwhile King Leopold proceeded as if he were the absolute ruler of the new State. He bestowed on it a const.i.tution on the most autocratic basis. M. Cattier, in his account of that const.i.tution sums it up by stating that