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.

Owing to the powers devolving upon you as a member of the Commission, you will be in a position to form a perfectly independent opinion in regard to any acts of violence of which the natives may have to complain, and it will be your duty to notify to the judicial authorities any improper proceedings of which the natives in question may be the victims. This right of initiative belongs to you individually, that is to say, you may act separately, without any co-operation on the part of the other members of the Commission. On your information the authorities will open an inquiry, and will institute proceedings, either administrative or, in cases of infractions of the law, judicial.

In view of the action which will be taken on any complaint emanating from you or from the Commission, it is scarcely necessary to remind you that circumspection is called for, and that you should give the authority of your support only to those facts of which you may have a personal knowledge, and which are based on trustworthy evidence.

The Commission will also have the duty of drawing the attention of the Government to 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 in this matter would be, in the opinion of the Government, that you, in your capacity as Secretary—and the Government is convinced that you will be willing to accept this duty—should send in 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 might also deal with the working of the Commission, the acts of violence definitely established by its members, the complaints made, and the results achieved.

But in this matter, as in everything which relates to the working of the Commission, the Government give it full discretion.

In forwarding to each of the members a copy of the new Decree, and in announcing his nomination to each individually, I am informing them of your appointment as Secretary. You will be good enough to place yourself in communication with them in order, if possible, in spite of distance, to arrange, at Leopoldville, for instance, a meeting of all the members of the Commission, or of a certain number of them, or definitely to constitute the Commission by correspondence, and to settle such measures as should be taken for the execution of the Decree.

Believe, etc.,
The Governor-General,
(Signed) Wahis.

To
The Reverend George Grenfell,
Baptist Missionary Society, Bolobo.

CIRCULAR TO ALL THE DISTRICT COMMISSIONERS, HEADS OF ZONES AND OF POSTS, WITH REGARD TO BARBAROUS CUSTOMS PREVAILING AMONG THE NATIVE TRIBES.

Brussels, February 27, 1897.

Gentlemen,

As you are aware, the Government have had constantly under their consideration the barbarous practices, such as cannibalism, ordeal by poison, and human sacrifices, which prevail among the native tribes, and the best means of bringing about their disappearance.

In this matter, as in all questions in which allowance must to some extent be made for long-established custom and social conditions which it would be impolitic to attack too directly, the Government have thought it advisable to act at first with prudence and circumspection, without, however, remaining inactive.

For this reason the first instruction issued to officers did not, in all cases, prescribe repression by force; they enjoined the exercise of their influence and authority with a view to deterring the natives by persuasion from indulging in these inhuman practices. A further advance has been made: the moment the authority of the State was sufficiently established in the neighbourhood of its posts and stations, the toleration of such customs was formally prohibited within a certain distance round the State stations or European establishments, and the Penal Law made their repression in these places possible by its provisions respecting acts of violence against the person. Outside this limit it lay with the officers of the Department of Criminal Justice (Ministère Public) to prosecute or not, according as the situation of the district and the forces at the disposal of the authorities permitted.

These measures have not been without result. Not only have cases of cannibalism become less frequent in the centres occupied by the officers of the State, but the native himself has learnt, and now knows, the horror felt by Europeans for cannibalism, and is no longer ignorant of the fact that by giving way to it he renders himself liable to punishment. As a general rule, indeed, it is only in secret, and out of sight of Europeans, that he still indulges in the odious custom, for he has become convinced that, save in exceptional cases in which the white man is powerless to do otherwise, he will not let him go unpunished.

The Government considers that an even more decisive step should be taken in the direction of repression. As the State’s occupation of these districts becomes more and more complete, as its posts are multiplied all along the Upper Congo, and as regular Courts are gaining a footing in the interior, the moment seems to have come to endeavour to reach the evil once for all, and to seek to extirpate it everywhere where our authority is sufficiently established to enable us to enforce absolute respect for the Penal Law.

It was with this view that the Decree of the 18th December, 1896, was drawn up, by which more particularly cases of cannibalism and ordeal by poison were made special offences. It is the Government’s intention that these provisions shall be strictly enforced, and it is the aim of the present Circular to direct all our officers to bring to justice any offences of this kind which may come to their knowledge. It will be the duty of the officers of the Department of Criminal Justice (Ministère Public) to institute proceedings against the delinquents, and in these special cases they will not be at liberty to apply Article 84 of the Decree of the 27th April, 1889, and to hand them over to the jurisdiction of the local Chief to be dealt with by native custom. It is, indeed, evident that such a course is out of the question in dealing with a class of offences which are contrary to the principles of our civilisation, and which are the outcome of customs which we are seeking to abolish.

The Government count on general assistance, with a view to insuring the prompt and certain repression of these offences, and they believe that a few severe examples will have a powerful effect in inducing the native to put an end to these reprehensible practices. The District Commissioners and Heads of Stations are in this connection expected to police the territories under their administration, and to take the necessary measures to obtain exact information.

The Director of Justice will forward to the Government every quarter a Report on the practice of cannibalism, on the cases prosecuted, and, if necessary, on the new measures which should be taken in order to check and extirpate this custom.

MISSIONARY GRENFELL ON ADMINISTRATION OF JUSTICE

Baptist Missionary Society, Bolobo, July 13, 1897.

Sir,

I have the honour to acknowledge the receipt of your letter dated the 17th May, together with the enclosure, relative to cannibalism, proof by poison, and human sacrifices, dated Brussels, the 27th February, 1897.

I need hardly say, M. le Gouverneur, that I sympathise most sincerely with the Government in its desire to eradicate the evils referred to; and you may rely upon my best efforts in the long and arduous struggle involved in combating them.

I am glad to recognise the gradual extension of the zone where justice is administered by regularly constituted Judges, for there is no doubt that where the administration of the State has been sufficiently advanced to allow of this, the evils referred to are very markedly on the decrease. It is not possible, of course, to complete at a stroke the organisation of distant territory, or at once to appoint Judges in new districts, but the fact that the State is persistently pushing the regular administration of justice towards the interior encourages one in confidently looking forward to the reducing of the cases of cannibalism, proof by poison, and human sacrifices in those parts of the Colony that as yet have not benefited by the ameliorating influences that have done so much for its western section.

I have, etc.,
(Signed) George Grenfell.

M. le Gouverneur-Général,
Boma.