Li^^ THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES I AFRICA. No. 1 (1908). FURTHER CORRESPONDENCE RESPECTING THE INDEPENDENT STATE OF THE CONGO. [In contimiation of "Africa No. 1 (1907)."] Presented to both Houses of Parliament by Command of His Majesty. February 1908. LONDON: FEINTED FOR HIS MAJESTY'S STATIONERY OFFICE, BY HAEEISON AND SONS, ST. MARTIN'S LANE, PRINTERS IN ORDINARY TO HIS MAJESTY. And to be purchased, either directly or throuiih any Bookseller, from WYMAN AND SONS, Ltd., Fetter-Lane, E.G.; and 32, Abingdon Street, Westjiinstei;, S.W. ; or OLIVER AND BOYD, Tm'eeddale Court, Edinburgh; or E. rONSONBY, 116, Grafton STRKirr, Dublin. [Cd. 3880.] Price e^d. TABLE OF CONTENTS. No. Name. Date. Subject. Page. 1 Consul-Geiieral 'Cromie Apr. 15, 1907 Transmits a Keport by Mr. Vice-Consul Michell on the district of the Lomami Company 1 2 » ?9 • • 18, Refers to "Africa No. 1 (1907)." No. SO. Trans- mits despatch from Mr. Vice-Consul Michell commenting on tlie order.s and circulars issued for the interpretation and application of the Decrees of Srd June, 1906 . . 3 3 ^) *» • • June 1 , Transmits a Report by Mr. Vice-Consul Michell on the trade of the Stanley Falls district 9 4 1) )1 • • Sept. 2, Transmits a Report by Mr. Acting Vice-Consul lieak on his journey from Stanleyville ta Kiisiiug(j 11 .T Vice-Consul Michell Oct. 15, Reports on a journey he made towards the Uhanghi district .. 11 6 Acting Vice-Consul Beak . . Sept. 6 Transmits a Keport on his journey in the Katanga district, more especially in the territory con- trolled by the Comite Special du Katanga and tlie Union Miniere du Haut Katanga k; 7 Vice-Cousul Michell Jan. 22, 1908 Transmits his despatch of 15th August. 1907, to Consul-tieneral Cromie, commenting on Congo Administration . . 43 8 Vice-Cousul Armstroug Dec. 17. 1907 Reports on the economical and political condition of the Lake Leopold 11 district 4r, I) » 18, Transmits infoiniation regarding the food tax in the district surrounding Stanley Pool 55 10 Consul Thesiger , . 31. Transmits a Memorandum regarding the applica- tion of the labour tax in the Congo Free State 57 ^' Further Correspondence respecting the Independent State of the Congo. [In continuation of " Africa No. 1 (1907)."] No. 1. Consul- Genera I Croviie to Sir Edward Grey. — {Received May 21.) Sir, Boma, April 15, 1907. I HAVE the honour to transmit to you herewith the copy of a Report on the district of the Lomaini Company which I have received from Mr. Vice-Consul Michell. Apparently the condilion of atFairs in that region is better than in that of most of the concessionnaire Companies, but I notice tliat, whereas in one place Mr. Michell states that the Company claims all the ivory, rubber, minerals, and other riches in its territory, he further on says that M. le Marinel has introduced a system of absolutely free trade. These statements are hardly compatible, but I presume that what Mr, Michell desired to convey was that the natives are treated fairly in matters of trade as between the Company and themselves. I have, &c. (Signed) C. F. CROMIE, Captain. Inclosure in No. 1. Vice-Consul Michell to Connul-General Cromie. Sir, Ilambi, Lomami District, March 1, 1907. I HAVE the honour to inform you that I left Stanley Falls on the 10th January, 1907, to visit the tield of operations of the Lomani Company. On the occasion of my visit to Ilambi at the beginning of November last, M. Paul le Marinel, the Director of this Company, had kindly invited me to accompany him on a part of his tour of inspection in January. Unfortunately, owing to indisposition, I was unable to take advantage of this offer early in that month, and when I arrived at Ilambi on the 14th I found that the Director had already left for Bena Mabote. M. Mauroy, however, the Acting Director, was good enough lo give me a passage up the Lomami on the Company's small steamer " Auguste Bernaert." I was thus enabled to meet the Director on his way back at the police post of Upala on the 22nd January. My first intention had been to continue np the Lomami as far as Bena Kamba at about 2° 20' south latitude, and thence cross overland to Lokandu, and so, descending the Lualaba, return to Stanleyville. But I had already seen the Lualaba, so when M. le Marinel invited me to visit with him the Company's factories in the interior to the west of the Lomami, I abandoned my plan and gladly accepted his suggestion. I was thus able to judge for myself of the conditions of a large and important tract of country extending nearly to the frontier of the State district of the Equator on about 23° 30' east longitude. I should have been quite unable under any other circumstances to penetrate this region, and as, under a former regime, the political conditions were unsatisfactory and the natives in a dangerous state of mind, I felt it my duty not to lose this opportunity of witnessing the effects of the new reforms introduced by M. le Marinel. I therefore returned with him on the "President Desprets" to Tanga (about 50' south latitude). Leaving Yanga on the 26th January, we travelled south-westward to Yemaka-Lombo, where we arrived the following evening. M. le Marinel continued after two days to Likaka, whence he returned on the 10th February. I was not [102S] ■ B 2 able to accompany him on account of sickness, .but wben he left acjain for Lombo- Lkolo on the 13th February I went with him, arrivini;: tbere the following day. All the paths in this district are very difficult, leading through continuous swamps and many small rivers. The whole country is thickly wooded, and tboug-h generally flat, is traversed by so many deep ravines that travelling is fatiguing. The villages are few and at five or six hours' distance apart. The inhabitants of the whole region belong to two main classes. Those to the north are of (he Lokele race — Topoke, Turumbu, and Lokele — and are heavilv tattooed. They are fierce and independent, and wage war on their southern neighbours, the Bambole. The latter are not tattooed, and are thus easily recognizable. They are mild and timid, being armed only with bows and arrows. Yet they were able to turn back the Arab invasions, which tried the Lokeles severely in former days At Lombo-LiUlo (longitude 23° 43' east, la'itude 50' south) the two populations meet, and seem to live in harmony, the factory separating the two villages. But I was shown there a box full of skulls which had been brought, about three months before, from a Lokele village a few miles to the north-east, where there were great quantities stuck on poles. They were the skulls of Bamboles who had been killed, and probably eaten, the Lokeles having a song to the effect that " the Bambole are our antelopes, when we want food we hunt the Banibole." These Lokele, or rather the Topoke, section of them which inhabits the country behind Isangi and west of the Lomanii have always given much trouble. It was they who murdered Messrs. Lor and Ruwila, agents of the Lomami Company, at Yabohila in September 1905. The territory exploited by the Lomami Company — a subsidiary undertaking of the "Comite Special du Katanga," and one of a group of Companies, including, I understand, the Kasai Trust and the " ISociete Anonyme Pjelge," financed by a Syndicate of Belgian banks — differs from the Concessions granted to other Societies in being a freehold property. The Company holds, therefore, a unique position in the Congo State, being- free to deal with its products as it thinks fit. As the State claims all the ivory, rubber, minerals, and other riches as products of the soil, so the Company claims the same in its territory. The State, therefore, cannot demand the ivory and rubber of the Lomami in payment of taxes, but exacts the labour of the natives. Up to the end of the year 1905 the Company was authorized by the State to collect this tribute, with the result that the same abuses were liable to occur as in the A.B.LE. and other Concessions, especially with the turbulent Lokele. After the affair at Yabohila, the Company renounced the right to impose taxation. It has taken some time to reform the system to which the agents had become accustomed, and more than one agent has been expelled for not obeying the new order. But it is now the strict rule throughout the territory that nothing can be demanded from the natives without their consent and without such payment as they agree to take. Doubtless the impression of the old regime still lemains on the minds of the people, and to some extent they still feel conipelled to satisfy the white man; but I can testify that I saw no signs of any pressure by the agents. tJii M. le Marinel's arrival as Director in July 1906, he introduced a system of absolutely free trade, and initiated a basis of currency. Preparatory to the use of silver he has cut down the usual brass rods to lengtlis, representing 10 centimes and 5 centimes. Every service rcndired and all lubbcr, ivory, fresh food, and other things bought from the natives is paid for on the spot in these brass rods. In each factory there is a shop where European goods are set out en a counter with the num'oer of rods laid against them which represent their piice. Tliese counters are oj)en day and night. It is absolutely forbidden to pay the people in goods. They must receive cash, and they are then free to buy the goods they desire, or to take their money away with them. The barter goods are sold at cost price, with nothing but transport, customs, &c., added. The natives have already a shrewd grasp of the cash system, and silver is to be introduced immediately. Since July also the price of rubber has been raised, so that now 1 fr. per kilog. is being paid to the jiroducers, and 20 centimes per kilog, in addition is paid to the Chief. M. le Marinel is contemplating raising it shortly to 1 fr. 50 c. per kilog. At present the State is not levying taxation on the natives of the Lomami district, with the exception cf the immediate neighbourhood of tlie police post of Opala and the two or three small ])osts in the interior. 'I he State pays about 55 centimes ])er kiiog. for rubber, of uhich about 25 centimes goes to the actual nuiker. The Lomami tribes now understand that if they make rubber for the Company they can easily earn very much more than the 2 fr. per month that the State may ask of them; whereas, if they refii'^e to work freely for the Company, they are liable to be compelled by the State to ii.ake rubber at 25 centimes per kil<><:,-., Avith the altLrnative of the chain-<>an<^. This experiment is the more interestins; as it is the only example of f^^enuine free trade in this connlry. JMany say it will fail as the novelty wears oJV and as the natives' simple wants and fancies for European goods become satisfied. It remains to be seen whether the Company can Ueep up their interest and stimulate new wants. At present tliey present themselves readily for porterage and other work in any numl)er asked for. The production of rubber is also increasing rapidly. One post has risen to 2 tons (metric) during the mouth of February, and expects to make more this month. Most of the factories are sending down urgent requests for more goods on account ot the increase of business. ^ I regard the success of this new experiment as of the utmost importance to the Congo, both as demonstrating the possibility and the advantages of free trade, and as showing the falseness of the arguments hitherto urged by the State in favour of forced labour. We left Lombo-Likolo on our return on the 18th February via Yemaka-Lombo and Tanga, and arrived at llambi on the 27ih. Disturbances are reported from Opala, where the people have gone down to attack the Tanga villages, on account of an old quarrel about a woman from two or three villages at a little distance from Yemaka, and an attack by the Topoke behind Isangi on the village of Lieki about an hour north of this. All these are old feuds. The police from Opala are making marches to the places mentioned, but do not seem to be accomplishing much good. These police posts, though supplied by the State, are paid for and fed by the Lomami Company. M. le Marinel intends to decline to support them any longer. The " Substitut " from Basoko, M. Andrieux, is now endeavouring to capture the other Topoke Chief who was condemned to death for the Yabohila massacre, but who escajied. He is known to be near Yabohila, and M. Andrieux has gone there with Commandant Myre, of Opala, and fifty men. But I hear that the party lost their way in the bush, and have had to return to Yankwamu without having seen anything of the fugitive. Stanleyville, March 7, 1907. J returned here to-day by the Baptist Mission steamer " Endeavour," which I met at Isangi on the 2nd instant, and by which I was kindly offered a passage. I have, &c. (Signed) GEO. B. MICHELL. No. 2. Consul- General Cromie to Sir Edward Grey. — (Received Mai/ 21.) Sir, Boma, April 18, 1907. WITH reference to Mr. Consul Nightingale's despatch of the 31st December, 1906,* transmitting a Memorandum by Mr. Vice-Consul Michell on the results to be expected from the new Decrees, I have the honour to transmit to you herewith the copy of a despatch from that officer commenting on the orders and (drculars which have been issued for the interpretation and application of the said Decrees. I have, &c. (Signed) C. E. CROMIE, Captain. Inclosure in No. 2. Vice-Consul Michell to Consul Nightingale. Sir, Stanleyville, March 23, 1.907. WITH reference to my despatch of the 30th November, 190B, I have the honoitr to inform you that some of the orders and circulars to which I alluded, inter- preting and applying the Decrees of the 3rd June, 1906, have been published in the " Bulletin OtRciel " of July to October 1906 (Nos. 7 to 10). * "Africa, No. 1 (1907)," No 30, The ^lemorandum ou the results to be expected from the new Decrees, which I had the honour to transmit to you with my said despatch, contemplated the proper application of these laws, as directed by His Majesty's Secretary of State in his despatch of the 3(>th June, 1900.'-- As I anticipated, howevei*, in my Memorandum, the new ordei's and circulars considerably modify the apparent sense of tlie Reform Decrees, and that, in several particulars, to the disadvantage of the natives. In view of the proposed annexation of the Congo State to Belgium, and of the question wliether these plausible measures may not be retained under Ihe Colonial Administration, I tliiiik it is useful to note the phraseology, the means of application, and the possible results of these Deci-ees and circulars. Money. — The Decree ol the Coinage of Money (p. 206) is followed by another, dated the 27th August, 1906 (p. 426), authorizing the issue of nickel 10-centirae and 5-centime pieces to the Talue of 240Z. This issue is for use in Katanga where " the payment in kind of the workmen is attended with many disadvantages. The natives who perform regular labour in the mines, during a fairly long lapse of time, have rapidly acquired more European goods than their needs demand, and, above all, more than thev can carry away home with them on the expiry of their labour contract" (p. 424).' Althougu this state of things is not peculiar to the Katanga district, but is precisely similar throughout the State, 31. le Vice-Gouverneur-General Lantonnois, in his Instructions of the 8th Septeml^er, 1906 (p. 364), contrary to the recommenda- tions (if the " Commission d'Euquete " (p. 262, foot), does not propose to introduce the use of coin either in Katanga or anywhere else, except the Lower Congo, and around the centres of white population in the ^liddle Congo. " Even there the taxes will be demanded, as a general rule, in the form of labour or of produce, and not exacted in money " ; but the lists are to be drawn up in money, that is to say, only money values are to be shown. These are to be made out from " Tables of Equivalents " made by the " Commissaires de District. As there are no free labour or produce markets, and the native has no money, and never will have at the present rate, there can be no real local cash values, and these "Tables of Equivalents" must be entirely arbitrary. It is also instructive to note M. Lantonnois' instructions on this subject (p. 373) : — " L'indigene qui remet a I'Etat des produits domaniaux ne fournit, en effet, a celui-ei que la valeur de sa main-d'oeuvre, puisque le produit apjiartient a I'Etat. Vous devrez done evaluer d'abord le nombre d'heures de travail necessaires pour recolter une certame quantite de produits, un kilogramme, par exemple, puis la remuneration due pour ce travail d'apr&s les salaires locaux. Cette remuneration se calculera de la meme maniere que sous le regime anterieur et en tenant compte du meme taux de salaires, mais elle devra desormais etre cxprimee en numeraire sur ces tableaux d'equi valences." The publication, therefore, of taxation lists in money is a mere blind intended to make the amounts look moderate. The native has no money, not because he does not desire nor appreciate it — the example of the Lomami Company's operations, on which I reported in my despatch of the 1st instant, is evidence to the contrary — but Ijecause in the State territory he is not paid in money, and outside trade is practically impossible. It pays the State better to get its rul)bcr collected for next door to nothing (it does not offer any " remuneration " for true, i.e., cash, taxation, see p. 367), than to have to hire labour in a competitive market. Factories are im()ractical)le, in fact, legislation is all against the establisliment of free trade. Commerce carried on by bawkei-s, small native traders, or by the system of " Mokhalitin," which is so successful in ^Morocco is rendered impossil)le by a prohibitive tarilf of fees, licences, &c. As for the sale of the products of the native lands, guaranteed by Article 4 of the Decree of the 3rd June, 1907 (p. 228) : — 1. The quantity of these products is settled beforehand by the " Commissaire de District " ; 2. This amount must not be exceeded ; 3. It is controlled by the " Commissaire de District " who must see that the natives " do not cheat, and do not exhaust their plants " (Vice-Governor's Circular of the 8th i^eptember, 1806, p. 389) ; and 4. They must not be sold without a Certilicate of Origin given by the " Chef de Poste." • " ;Vfrica, No. 1 (l'J07)," No. 3. Is it likely tliat the native will retain for sale to traders mncli of the produce -which lies so mucii in the liaiuls of the State ofri(;ials, whose " allocations dc retraite" depend upoTi liu^ amount ol riihher they collect? Ta ration. — Tlie new Decrees and the circulars applyins^ them do not, therefore, in any way modify the "corvee" system hitherto in force. To call it "iiii])At" or " taxation " is a misnomer, to descrihe it in terms of currency is disino;eniujus and misleadincj. Give the native the opy)ortnnity of freely earning mcney and lie will be only too s^'lad to get quit of liis obligations to the State by the payment of 2 fr. per month. Lnbour. — The question of the supply of labour is, of course, a diflicult one, and the systematization of the supply is woith aiming at. 15ut it should be honest. The faot is, the natives must do all the labour :ind supply all the f resli food, building materials, &c., that the Avhite man needs, however large the agglomeration of white men and tlieir servants may be, as at Stanleyville and other large centres. Lisala and other eam))s, the rubber plantations, railway works, &c., regardless of the numbers of the local native populations. This is caused by the State Government's policy of making the local administration "live on the country." To talk of payment is nonsense, the labour practically is obligatory, and the payment is quite insignificant. An illuminating phrase occurs in Vice-Governor-General Lantonnois' Circular of Instructions on " Impositions directes et personnelles " of the 8th September, 1906, (B.O. iS'o. 7-10, p. 365), "en vous penetrant essentiellement du principe que le rendement de I'inijiot doit, au moins, couvrir les frais necessaires a sa perception." It is evident that this includes the food, if not the payment and other expenses, of the agents, Avhite and black, who collect it. These do not depend on the richness of the district nor the fair proportion of taxation due from the inhabitants. Let the work be called, therefore, frankly "corvee," and the people " fellahin." Becriiiling. — The Decree on the recruiting of labourers for public works is another example of ambiguity. The legalization of conscription for labour on " works of public utility," as well as for the militia, adopted on the recommendation of the "Commission d'Enquete," (p. 259), reopens the door to the abuses pointed out in pp. 251, 252, and 258. The term "travaux d'utilite publique" maybe given a very wide interpretation. ]\I. Lantonnois lays down, (p. 400) that " until further orders" the " corvee " is applicable only to the construction and upkeep of high-roads, (rest-hous(>s, bridges, &c.). But, as the number of paid workmen is strictly limited. ("Eecueil Administratif," p. SS), it may easily be found to apply it to porterage, river transjjort, &c., now nominally to be done by paid workmen. The argument j^ut forward of teaching the black man and ennobling him by the dignity of labour is not ju^tified by the State methods. No attempt is made to teach him anvthing. The white men have rather imitated him. He does all the State work as best he can in his native way, with his own primitive tools, and he goes home as bii; a savage as ever. It is true that the impressed workman, after seven years' service, does return in a sense, civilized, but " depayse." What he has learnt he has picked up by seeing others, and at best his " civilization " is a poor imitation of Arab (" Bangwana ''), not European, methods. He returns also demoralized. He and his wife are only one degree less immoral than the Mahommedans, and much less moral than the savage native. Female Labour. — With regard to women, the making of "kwanga," &c., has always lieen in force, and many kinds of work have long been performed by women. But it has not been publicly understood that both husband and wife have to "pay taxes." This is frankly declared by M. Lantonnois (p. 366), "Ainsi que vous I'aurez remarque, I'Article 2 du nouvean Decret pose le principe de rimjjot en general, sans faire de distinction entre les sexes." This is not necessarily bad, as the women are accustomed to work. But the position oi women, already very low, in the Congo has received no attention in the legislation of the country, and the action of the State has been to lower it vastly more. Only about a dozen of tlie officei's of the State have their Avives Avith them, and those are at the top c> Tlie imposition of taxation on both men and women is nol only u liai'dshi[) but an unmitigated evil. In one case, that I know of, the whole population was constantly at work. At Liboko, on the Lindi, there are tliree large villages all the men of which are employed for about twenty-two days in every mouth making rubber, making baskets, and then carrying it to Bengamisa. Tlie women accompany their husbands for a part of the time, the n-st of the month is taken up by carrying loads for the State transport between Kaparata and Bengamisa. All the porterage between the mouth of the Lindi and Baualya on the Aruwimi is, to my knowledge, done by the women. The children are not compelled to accompany their parents, but they generally do so because if they stay in the village the sentry, or, as he is now called, the " messager indigene," finds work for them to do, carrying sticks, leaves, and other building materials. The consequence is that a school which was started in the triple village, with 100 names on the book, by a native teacher at the urgent I'equest of the Chiefs, dwindled away to nothing in a few days. The people made a great feast on the opening of the school, but the "messagers" (thei-e were four of them) reported that it Avould interfere with the collection of rubber, and it was suppressed by the agent at Bengamisa. On my reporting the case to the "Chef de Province " the agent was removed, and the school was allowed to reopen. But this is only one village of which I happened to hear. The abuse is likely to occur, and doubtless exists, all along the Lindi, and probably in many other places, It is difficult to see what advantages such a system secures to these " tax- ])ayers." Nalive Lands. — The doubt I expressed in my Memorandum of the 30th November, 1900, as to a wide interpretation being given to the " occupation " of nativt; lands, as to which a seemingly generous measure was granted by the Ueci'ees of the 3rd June, 1906, has been confirmed bv the Vice-Governor-General's Circular of the 8th September, 190U. The " crying abuses" which the " Commission d'Enquete" pointed out as sure to follow from " too restrictive interjjretatious and too rigorous applications " of the State theory of " Domaine " lands, and which would oppose all evolution of native life (pp. 151-153, B. O. August 1905), are not only likely to occur, but others also to which I shall refer when speaking of Concessions and private property. The term " occupation," as the Commissioners of Inquiry remarked (p. 151), has never been defined by the State or by the Tribunals. M. Lantonnois says (p. 385) : " L'enquete h laquelle vous vous livrerez .... devra fixer les caracteres propres de ces droits origiuaires indigenes. Ce n'est ^videmment pas une propriete, meme collective. Ce n'est pas davantage un usufruit ou une servitude. C'est plutot un droit reel, sui generis, gievant la propriete au profit d'une ou plusieurs collectivites." The Vice-Governor-General is here alluding to certain regions in the Lower Congo, with a view to their ultimate sale or lease to third jjarties. " The rights established will be entered in a special register deposited with the ' Conservateur des Titres Fonciers.' " But the conditions there are precisely the same as in the " Domaine National," and his definition of the natives' rights must apply to the latter equally. Eurther, he lays down, p. 381, that, " by ' rights of occupation ' must be understood the rights conferred on the natives by an occupation exercised in a permanent manner before the promulgation of the Order of the 1st July, 1885." It must be difficult to find lands still occupied by the same people for the last twenty-two years, considering the raids of the Arabs, rebellions and wars, not to mention tlie constant shiiting of villages on the exhaustion of their plantations, or on account of quarrels, or even mere restlessness. While on this subject I would point out that these lands may be seized for non- payment of taxes. Article 54 of the Decree of the 3rd June, 1906, p. 283, runs : " En casdc refus de payer les prestations, les indigenes, a defaut de biens mobiliers ou immobiliers, peuvent etre conlraints a les acquitter." No provision is made anywhere for the continuance of the possession of his lands by the native. The Vice-Goveruor-General interprets this Arti(;l(! (p. 3()S) thus : " Comnie sous le regime de I'ancieu Rt^glement, ce mode d'execution est suljsidiaire et ne pent etre applique qu'a defaut de biens saisissahles ; il n'est pas sans utilite de le proclamcr en presence des mesures prises d'autre part par le Gouvenienuinl jiour favoriser le developpement de la pr()])riete iudig(ine." This looks like giving willi the one hand in oi-der tt) take away with the other ! These measures are to be applied exclusively by the " Coramissaires de District," " Chefs de Zone " or " dp Secteur," on the report of the agent appointed to recover the taxes, " The procedure laid down by these Articles renders objectless the recourse to the " Commissaivos de District " formerly accorded to tax-))ayci-s under arrest. Constraint lieing" ;i(ljii(l!4'ed without ap))e;il, the Government, &c." (|). ;}0H). As it is these same functionaries and agents wlio delimit the native lands (p. .'}7^), it will ])o seen tliat the tenure of the lands so generously granted, even when the owner has success! nlly |)roved his continuous dlcctive occupation of tliem for the last twenty-two years, is hut a precarious one, and is entirely at the mercy of the local administrative agent without process of lav/ or ap])eal. Concessions and Private Lands. — This hrings me to the suhject of Concessions and private property. A very large area of tlie Congo State is, or was, included in Concessions. By the new Decree the villages and lands occupied by natives within these Concession's or private properties are also to be contirraed to the occupiers, together with an area of three times their amount in addition. The State even assumes the right to acquire, cither by hire or expropriation, the private property whieii may be necessary to makeup this area (Article 3, p. 227). M. Lantonnois says, commenting on this (p. 870) : " II se pourrait que la delimitation • • . • portat (•(^pendant atteinte a un etat de fait dont ces concessionnaires j)roliteraieiit aetuelle- ment. Ces derniers n'ont auenn recours centre la delimitation en tant que celle-ci constitue un acte administratif." The Administration has only to make these grants large enough and then seize them from defaulting tax-payers to become possessed of considerable " enclaves " in the properties of Companies and private persons. The Vice- Governor-General does not use gentle terms in si^eaking of Concessionary Companies. In ordering the immediate withdrawal of the Commission to collect taxation, formerly given to the agents of commercial societies, he says (p. 368) : " The Commissions in question must be transmitted to me by the first mail. The Government's wish to see the former practice, Avhich has been the cause of abuses, abolished must be realized immediately [sic'], and I pray you to be so good as to take it in hand." One would suppose that the perception of the produce of taxation by the " Cliefs de Poste " and State Agents, who, he says (p. 367), are no^v solely authorized to do so, is not liable to give rise to abuses. Justice.- — In spite of the very grave evils, explained in detail by the Commis- sioners of Inquiry (pp. 269 to 279), the Decrees of the 3rd June, 1906, refuse to make the Judicature independent of the Administration and do little to remedy the other abuses. " Many ' Substituts ' " are still " young and inexperienced " (I believe the reason is that the salary, position, and prospects offered are no attraction to older men), and the consequence is that they have standing orders not to prosecute Europeans or foreign subjects without special authorization from the '' Procureur-General " at Boma, and in every case, whatever the result, to appeal to Boma. The advantage of a local Court is thus nullified. I happened to be present at the trial of a European at Stanleyville on the 9tli instant. He was accused of having caused the death, by accident and involuntarily, of a wbite friend while out shooting together last July. No evidence was otl'ered that he was in any way to blame. The " Substitut " asked for his acquittal. He was judged by the "Adjoint Superieur," a military officer, and he was acquitted. In spite of that the " Substitut " appealed to Boma. The prisoner proved that the emotion of the accident and the anticipation of the trial had brought on a severe hgematuric fever. Yet, after nine months' suspense, and a clear acquittal, he stiU has to go to Boma to be tried again on an utterly unjustifiable appeal. Criminal trials are still judged by administrative officers, though there is a Magistrate, '• Docteur en Droit," at Stanleyville. The latter, hoAvever, states that, the Territorial Tribunals being still maintained, his competence is only in civil matters. It will easily be understood that he is not overworked. The new itinerant character of tlie "Tribunal de Premiere Instance " results in its being scattered all over the province. Tlie Judg.', M. Aubert, has only sjjcnt a few days, on one occasion, at Stanleyville since December 1905. He has now gone home to Norway. The " Procureur d'Etat." M. Grenade, went to Uvira, on Lake Tanganyika, last October and is not back yet. The "' Substitut," M. Eggen, is constantly away at villages on the river, inquiring and collecting evidence. As a matter of fact, the Tribunal is less complete than ever it was. It is presided over by the administrative officer, a soldier, with the help of the young •' Substitut," and the Court sits when these two gentlemen can both manage to be present. [1028] C 8 I Avill quote anotliev case slio-n-inir the deficiencies of this system. On the 16th August, l"i06, I informed the " Chef de Province" that I had heard complaints from the natives that an European asent of a Company was ill-treatiug the men who brought rubber to tlie factory, and that, h\ liis orders, his black clerk had ])ushed a quantity of white paint down the tlu-oats of five of the men, making them all very ill and causing the death of two of them. An inquiry was instituted. The agent was allowed to leave for Europe, without trial, and the clerk, a Gold Coast man, was kept to be tried. The case would he lingering yet had not some English missionaries voluntarily undertaken to produce the witnesses, although the affair in no way concerned them. It was finally heard by the "Adjoint Superieur" on the IGth instant, and judgment was reserved till the following week. The Court did not sit, however, owing to the absence of the " Substitut," and the clerk does not yet know his fate. I was as^iked to name some one to plead for him, but I declined, and a young sub-lieutenant, just arrived from Europe, was nominated. The accused man asserts that his defender never presented his true defence, an alibi, and a different cause of the death of the two men, nor called his principal witnesses, though the prosecution used their evidence, taken by the " Substitut " at Yambinga, four days by steamer down the river, against him, and when he spoke in his own defence no examination was made of his statements. His term of service with the Company expired more than two months ago, but he is not allowed to leave. The contrast betAveen the treatment of this coloured man and that accorded to his white chief is striking. He will, of course, have to go on appeal to Boma whatever the judgment may be. The Inquiry Commissioners state (p. 278) that they "had noted that, very often, prosecutions initiated by substitutes against white men accused of having ill-treated natives had not been followed up on account of a decision of the Administration." The " Commission d'Examen." however, distinctly refused to alter this state of things, and left the Director of Public Piosecutions under the orders of the Governor- General, not only in cases concerning the public safety, but in every case, including those in \a hich in-osecutions " wonkl be inop{)ortune on account of the troubled political situation of a region, or would compromise the working of a public service, or in which an international question might be involved." They also justify it by " the consequences, which would be more harmful on the Congo than elsewhere, of the closing or the giving up of a factory, or the stoppage of its commercial affairs " (p. 216). (N.B. — The Government has a large share in most of the Concessionary Companies.) This decision will not lessen tlic "suspicions to which the abandonment, by superior orders, of ])rosecutions always gives rise" (p. 278). A note at the foot of p. 275 quotes the Keport of the " Secretaires-G^ncraux " of the iryth July, 1900, and states that "on chercherait en vain un cas de violence commis par un blanc sur un indigene pour Ipquel les Magistrats auraient fait preuve d'une complaisance coupable." This is probably true, so far as the Magistrates are concerned. lh\t how many white murderers, condemned to death by the Alagistrates, have been executed ? When their sentences have been commuted to penal servitude, how many of them have served a tith(> of their term ? Not one. An asent of the A.B.I.K., named Van Ess, was condemned to death by Judge Aubert, at Coquilhatville, on the 11th December, 1905, for several atrocious murders. He was back in ]?e]gium free in November 19 competition of the State, it is linked with (2) the absence of currency, and (3) taxation in kind. The State pays for everything to the natives in barter goods, ])rincipnlly cotton prints, brass wire, and salt. The consequence is that the people, being overstocked in these \vare&, buy none from the traders, and will not accept them in payment of native produce, but, on the contrary, offer them at greatly reduced i)rices in exchange for such other luiropean articles as they mny desire. As the State taxes the natives in labour, rubber, and produce, they will not accept cash from the traders. Until the State introduces the use of money no amelioration can be expected. This it is not likely to do, as it makes an enormous profit on taxation in kind. Though the blacks are accused of laziness, it is well to bear in mind that the climate makes manual labour very severe, even for the natives, who are naked, ill-fed, and worse housed than any other people. These tax their poor stamina to the utmost, and their struggle for life is hard. The infant mortality is frightful. The native has little heart tor sustained labour, and the hunting, fishing, and the long distances he has to go for food leave him little energy for work that he considers quite unnecessary. Another obstacle to trade is the State monopoly of transport. On the river private persons are not allowed to carry their own goods even in their oAvn steamers. If they do so, they are comjjelled to pay to the State the same amount as if they had been carried by the State. Such a condition seems incredible, but it is the fact not only in the case of goods bu< even for passengers. The commercial Companies cannot carry even their own agents. Not only so, but if a trader travels in a State steamer and pays his fare, he is not given a cabin unless all the St^te Agents are accommodated. If a Director is on board and one of the least of State employes requires a passage, he has to give up his cabin to the State Agent and lie on the deck. The " Free Zone " is a strip of land 20 kilom. broad on both sides of the Congo from Stanley Falls to Isaugi. In no other place is a trader allowed to stay more than twenty-four hours for any purpose, or to buy rubber. I have frequently suggested the employment of numbers of small native pedlars to go to the villages in the interior, selling cheap European wares and l)uying small quantities of rubber in exchange, but besides the pvohibiticms mentioned above, the high cliarges for licences and the vexatious regulations make this expedient almost impossible. I have received a few letters from British manufacturers of clothing, ironware, provisions, electric installations, &c., asking about openings for business in this district. To all these I can only reidy that there are no other means of introducing their goods in the Congo than l)y inducing the State to adopt them. So far as I can judge from the early part of the pr(>S(mt year of 1907, the position of commerce will be worse still. The traders are not likely to obtain any india-rubbc at all, and extremely little ivory. (Signed) GEO. B. MIC HELL. Stavhyville, May 4, 1907. No. 4. Consul-Gene) al Croinie lo Sir Edward Grey. — {Received September 23.) Si,.^ Bomti, Xrplemher 2, 1907. I HAVE Ihe honour (o transmit to you herewith a despatch which I have received from Acting Vice-Consul Beak, contnining a report of his journey from Stanleyville to Kasongo. li Mr. Ik'iik iiilonns mo that he has sent a copy direct to tlie l''oiei^n Olliee hy way of I'ritisli ti'iritnry, as he was iiol uMc In send it iiiiiil lie an ived at Lokousolvva ou Lake Moero, wheiv he was elo^e to the liiitisli f'-ontier. My last news of liiiii arc Iroiu the lattt-r place, dated the "Jlst June. I have, &c. (Signed) C. F. CROMIE, Captain. Inclosure in So. 4. Acting Vice-Consul Beak to Consul Nightitigtile. Sir, Kasongo, May 8, 1907. I HAVE the honour to report that I left Stanleyville on the 15th April and reached Kasongo on tlic (>th May, 2. ttiueniif/. — 'i'he railway from Stanleyville is 127 kiloin. in length. \t Ponthierville f was delayed for four days, w^niting for one of the steamers belonging to the •' Chemin de Fer des Grands Lacs." I left Pontiiierville on the 20th Ajjril, and I readied Kindu and Lomholomho on the afternoon of the 24th April. On the 2rjth 1 visited the railway, travelling the whole len-.'!!! on a trolly. From Nsendwe onwards my journey »as completed in canoe. Immediately south of Kihomho a great change in the landscape takes place, the dense forest, the distinciive feature of the Lower and Middle Congo, being here replaced by undulating, grassy, park-like country, precisely similar to N'orthern Nigeria. 3. Haihrai/s. — The district through which I have recently travelled may be roughly described as the railway zone, for the main if not the sole interest is at present centred in the construction of the railway. This is being pushed forward as fast as possible. There are four steamers and one barge running between Ponthierville and Kindu, and these are to be supplemented shortly by a bariie and another steamer which is being pieced tojiether at Ponthierville. Kindu is the head of the line to the south, but at present the steamers discharge at ]^sendwe, or, as it is more usually called, Lombolombo. Between Kindu and Lombolombo is a bridge 117 metres long and from 13 to 14 metres high. The masonry foundations have a depth of 4^ metres below the surface. Pending the completion of this bridge, the ironwork for which has not yet arrived, a branch line of some 400 yards has been constructed to the river at Lombolombo, and here all railway material is for the present olVloaded. The line has been definitely mapjied up to GO kilom. from Kindu ; the earthworks are built to kilometre 35 ; the rails are laid to kilometre 7,400, where another bridije of some 50 metres broad is about to be commenceil. The forest lasis up to kilometre 60, where another bridge of nearly 200 metres will be required, but for these 3G miles the country is flat, and there are no other rivers of any importance. After Kasongo the line will run through a level open plain to kilometre 20i), where a series of extremely difficult ravines will have to be negotiated in approaching La Porte d'Enfer, near which point the river again becomes navigable. Rapid progress is anticipated, and two years is commonly given for the completion of this portion of the railway in (juestion. The Railway Company employs about (iO whites and some 2,500 natives. The latter are paid from 1 to 3 dotis {i.e., 4 to 12 yards of cloth, nominal value Ss. to 15^.) per mensem, and are rationed. The monthly ration consists of 1 kilog. of meat, 4 kilog. of rice, 1 clioko (nominal value 50 centimes), and 1 mitako (nominal value 1 fr. 50 c). This ration is sufficient. The native employes as a rule receive 1 doti a month for the first year of their engagement, 2 dotis a month for the second, and 3 dotis a Tuonth for •the third year. The value of a doti is difficult to estimate; it is certainly very little in the railway zone. Up to 1(5 dotis is frequently paid for a goat on the Middle Coui^o ; at Stanleyville the price of a goat varies from 13 to 20 dotis. I have frequently had to pay a doti for two small chickens, or for fifteen eggs or for ti kilog. of rice. On the other hand, an " Arabisee " costs, on marriage, from 21 to 32 dotis, and a native woman from 12 to 16 dotis. The wages quoted above are the avera.ije maximuin paid, but very often, altliough tlie food supplied is sufficient, the wages given are purely nominal. In many cases certainly, and only too frequently according to native accounts, workmen receive much less. In any case, a three years' contract, except in the case of educated natives — and there are practically no educated Ccarcity and consccpieiit dearness of food is one oi the first results of the system which I have endeavoured briefly to describe. 'I'hc riverine villages ahmg the route in question are of the poorest and filthiest description Their appearance indicates a retrogreshion since the Arab occupation. In the natural cotn'se of things tiie inhabitants of lliese villages would catch iish which they would barter against other food with naiivcs inlnnd. They complain that Slate work leaves them no time for fishing. With 13 the exceplion olafVw banana and plantain ])lantations, which demand no care, and now and again small pnlciies of rice and cassava, there is a total absence of cultivation of any kind. Tlie i)0|)ulati<»n is weak and (ibviousl^y overworked and iiiidi'rfoil. I anticipate tliat these villai;os will prove an cxcel'ont field for sleeping sickness, which is advancing rapidly, and for which practically no provision has yet been made. For (he siip])ly of its <'in]iloyes on the " chemin de fer " tlie State depends upon two main sources. Tlieie is, firstly, a large rice plantation at Lokanda. Secondly, the State purveyors are the " Arahises," who are taxed in food-sluffs. These " Arabises " draw their supplies mainly from the interior, where hitherto (he white has hardly penetrated. Tiieir prices arc Ircquently exorbitant and their prolits excessive. To give an example : In the interior near Kasongo a goat can be purchased for 1 or 2 dotis. This same goat drifted down-stream is worth, say, 10 dotis at Kindu, and 15 dotis at Stanleyville. The "Arabises" are for the most i)art fine examples of Afiican blackguards of the worst description. "While overcharging the Railway Company, the^' usually steal, rather than purchase, what they sell. Iliey naturally do not fail to avail themselves to the full of the opportunities which their position affords of misrepresenting the white. Buyers for the radway are already to be found as far south as Lac Kisale and Pweto. In fact, the railway nuiy roughly l)e said to be devastating the country in its advance. Presumably this course will he continued until it is found to be cheaper to import provisions from Europe. But by that time the native will have been deprived of what little live stock he now possesses, which is acclimatized, and which it will be extremely difficuU, if not impossible, to replace. The native is primarily an agriculturist, and to deprive him, whether at good prices or not, of acclimatized stock which cannot be replaced by importa- tion is merely another instance of that short-sighted, callous, destructive policy the puisuance of which has already residtcd in the practical ruin of other portions of the Congo. 5. Rubber. — I am unal)le to quote figures, btit, as in the case of the Lower Congo, every station between Ponthieiville and Kabombo, where the rubber zone may be said practically to end, reports a decrease in the yield. The reports of Porest Inspectors, the most reliable informants, are most disheartening. They tell of the wholesale and wanton destruction of valuable vines by the native in order to comply with the Government's demands. These reports are confirmed in general by those received from native sources. The natives declare that " rubber is no longer like the waters of the Congo, nor like tte stones at Matadi," and that they must " go far " to find it. 6. Sleeping Sickness — This disease will, I fear, form the subject of many of my subsequent reports, for in comparison all other difficidties appear insignificant. I should simply like to state at once that sleeping- sickness is increasing lapidly, and that no adequate provision has been or is being made to cope with it. 7. Unrent. — A large portion of the country to the east of Ponthierville is com- paratively uidvnown or at least unmapped. It is commonly, I understand, in a state of disturbance, of which Waiikele is for the moment the centre. This disturbance is being dealt with. The country to the north-east of Kasongo has not yet been brought thoroughly under control, although that post was formed as long as seventeen years ago and is now the " chef-lieu " of a province. On the 3rd May two officers, one of whom was on patrol and the other attemjiting to make a census, with fifty men were attacked by one of the tribes on the Lulindi, three days' march from Kasongo. The losses were two killed and six wounded, one of wl'om has since died. I here was, unfortunately, no doctor to dress the wounded on their return here, and I attended the funeral of one of (hem on the morning after my arrival. 'J he tribes in question are armed with muzzle-loaders, of which they are said to have many hundreds. I have seen several of those confiscated; they are of the most varied description and usually from 50 to 100 years old. The source of the powder for these weapons is unknown. One of the guns, however, taken in the attack ou the 3rd May was found to contain some of the particular gunpowder used by the State, which is superior in quality to that commonly found among the natives. This find has led to the discovery of a theft from (he powder magazine at Kasongo to which the sentry was undoubtedly privy, but the amount stolen has not yet been ascertained. The Comniaiulant of the District is away on tour and his authorization is auaited before the Lulindi can be placed under martial law, from which it was only relieved in March last. Although the country to be dealt with is naturally difficult, no serious trouble is anticipated. I have, &c. (Signed) G. B. BEAK. 14 No. 5. Vice-Consul Mirhell to :Sir Edward Grey. — {Received November 16.) Sir, Boma, October 15, 1907. I HAVE the honour to inform you that 1 left Stanleyville on the 6th September for a journey in the Ubani;hi district. Arriving- at Bumba on the 9th, I learnt that the " Delivrance," a small steamer running between liuniba and Go on the River Itimbiri, had aU'eady left, hut was expected back, and would Ua leaving again for ll)embo and Go in about five days. As there was little to be seen at liuuiba, and I considered that by proceeding slowly uj) the Itimbiri by canoe I should sec more of the country and the villages en route, i borrowed two canoes and left Bumba on the 10th for Moenge. As I could not obtain a thiid canoe nor carry all my camp equipment and stores with me, 1 left the latter at Bumba to be sent after me by the " Delivrance " five days later. At Moenge 1 met the latter steamer going down to Bumba, and gave the captain full directions as to my goods. He expected to overtake nie at Lulu, two days farther up tlie itimbiri. At Moenge I was kindly received by M. Redard, a Swiss, in sole charge of the post. Here a very inteiesting condition prevails. M. Redard told me that he liad never been to any of the villages of his district with a single armed man, nor bad he made any effort to compel the natives to bring in rubber. He explains to the Chiefs the necessity of paying tlie tax, and the advisability of doing so voluntarily, in order to avoid puni- tive expeditions, wjiich would be conducted by military otiicers and not by himself. The consequence is that, without leaving his post, the monthly tale of rubber brought in has risen from 800 kilog. to 1,000 and l,20l> kilog. This, considering the poverty in rubber of the forests of tlie Ttiir.biii, he considers extremely satisfactory, and he informed me that he intended to quote his own experience to the authorities at Brussels as a proof that the natives are amenable to mild and reasonable treatment. In other posts on the Itimbiri M. Redard's success was acknowledged, but it was attributed to the influx of tribes from other districts into his own, the population having thus largely increased. Doubtless M. Redard would reply that this also was due to the attraction of his treatment of them. From Moenge I proceeded to Mandungu, where a uifferent method is in force. At several villages on the way I received complaints of the preshure put on the natives to bring in rubber, which, they said, was now nearly exhausted, while tlieir natural employ- ment was fishing and paddling. There is a sharp line of division in this country between river populations and bush folk, the two classes being usually on bad terms. Even between themselves the fishermen of one season do not combine with those of another season, and cultivators of fields are distinct from those who live by hunting, so that river people object to being taxed in rubber, and their presence in the forests is resented by the bushmen. The consequence is that M. Delforge, the " Chef de Poste"at Mandungu, and M. Joiian^en, who is in charge of the detachment of " Force Publique," spend alternately most of their time in the district visiting villages with an armed escort in order to induce the people to bring in their rubber. 1 heard no complaints of ill-treatment, but at sevcnil villages the people were weary and depressed, afiiruiing that the men and children had to work "every day" for " Bula Matadi," while the women were constantly at work cutting wood for the steamer. On the Itimbiri, as far as Mandungu, there are many settlements of time-expired soldiers and State workmen, some having come as far as from Lake Albert Edward, and I was able to make myself understood without difficulty in Kiswahili, though the language of the district is Bangala. These ex-soldiers are taxed in the same way, and made the same complaints. I stopped at Mandungu for three days, and there met a trader coming down from the Welle. He told me tiiat the journey .so far as Djabir would not be ditficult, but he kne'^ of no direct road iroiii Djabir to Yakoma, nor did he think I could get there via Gufuru without great trouble. The mails, transport, and other coiivoys were sent from Djabir to Yakoma tlown the Itimbiri and Congo to Irebu, and thence u\) tiie Ubanghi. I'his gentleman also informed me that muzzle-loading guns are a common article of trade in the Welle district. I understood him to say thai he traded in them iiimself. But I could obtain no corroboration of his statement, or of the State itself engaging in this trade. The " Delivrance " not arriving, I went on to Ibembo, three days by canoe. At the latter place, which is the first within the Welle district, a doctor is stationed for the 16 examination of all passengers for symptoms of sleepin destroyed, the " mashamba " overgrown with bush, and saw large Tmmbers of carcasses 2cS and skulls. In August 1906 the same prospector cut two slaves out ol the stocks near Perembie's village, also on the Lubudi. On one occasion the Revoltes raided in one day thirteen villages, all withir. 12 miles of a Belgian fort at Kayoyo. In 19()6 the raids of the Revoltes extended farther east than in any previous year. 1 traversed what may be termed the frontier between Belgians and Revoltes, where the inhabitants, left defenceless by the former, are driven to undertake their own protection against the latter, i'or this purpose their villages are well stockaded, and they have many flint-and-cap guns and a plentiful sup])ly of powder. The guns are of various make ; three which I examined on tlie 2ord July were marked one Portuguese, one Birmingham, and one Liege. On the 2nd August 1 visited the village of Kiakamonga, which had been raided by a small party of Batatelas on the 15th July. The villagers were absent at the time fishing, and, besides women and children, there were only two old men left behind. The Batatelas killed these two men, but did not eat the bodies. They captured eighteen women, whom they took away as slaves. They withdrew towards the Lubudi. Along the Lubudi itself the villages frequently have as many as seven or eight stockades ; the entrance to these is by a narrow passage, through which one crawls on all fours with difficulty. Each village cultivates, usually inside, and sometimes just outside, its "bomas," sufficient crops to sustain life. The intercourse, except of a raiding nature, between village and village is extremely limited. The native paths have died out or are overgrown with bush. A state of terror reigns. For some years the Revoltes have successfully evaded minor expeditions against them by crossing and recrossing the dividing line between the territories of the Katanga and the Kasai Companies. These Companies do not appear hitherto to have made any mated effort to deal with them. An expedition, however, composed of State troops, left Lusand)o on the 1st May. and was to be joined by 3.50 men of the Katanga native army at some point on the iSankurru on the 15th July. I have had no news of this expedition since I left the neighbourhood early in August ; I shall be agreeably surprised to hear that it has proved successful. Up to the end (jf July, ajiparently tvvo of the chief villages, Yambayamba and Mapeluka, had been burned, and a son of one of the leaders captured. These villages have been burnt i^efore, and may possibly have to be burnt again. The destruction of a native village is unimportant, and has little effect on the fighting capacity of the native. The number of soldiers employed was probably more than sufficient to burn a number of villages, or to cope with the enemy if he would stand his ground, but wholly inadequate to round up an enemy who disperses only to reassemble. I do not know to what extent expeditions against the R^volt^s have been necessar}' ; I am aware that they have been totally ineffective. Military expeditions in cases like this are useless unless they are followed up by the effective occupation of the territory which it is sought to control. Nowhere have I gathered that there is any intention of immediately occu- pying the south-west portion of the Katanga, yet, until such occupation takes place, no improvement can be anticipated. Tlie Revoltes, left pretty much to themselves except for periodical ineffective expedi- tions, have hitherto confined themselves to slave-raiding on the west of the Lualaba. But the area of their laids has year by year gradually increased, while their camps have formed a refuge for the malcontents of the Katanga territory. They may at any moment assume the offensive, and in this event a movement hitherto limited in its operations might become a source of ijositive danger. Immediately to the north of the R6volt6s is the territory of Lupungu, the greatest Chief in the Katanga, who has at least 2,000 men, all armed with guns. Lupungu's authority and influence are very considerable, and it is to be feared that in the native's eyes he somewhat overshadows the local white Administration. The loyalty and inten- tions of this Chief are certaiidy doubtful, and it is significant that the garrison of Kabinda was reinforced preparatory to the operations against the Revoltes and to the Uepre- sentant's recent tour of inspection. Closely related to Lupungu was the late Chief Kikondja, who, arrested treacherously in spite of a promise of safe conduct, was imprisoned at Bonia, wliere lie died, and waa replaced by his soi:. The latter, now Chief of Kikondja, on Lac Kisale, the early home of the Revoltes, whither they desire to return, has unfortunately had to deal with a series of weak Chefs de Poste, and now flouts the white at his own door. When I descended the Lualaba in August. Kikondja's emissaries were collecting guns, the destination of which was Lupungu's villages. Along the whole of the western bank of the Lualaija tlie inhabitants are quiet, but disaffected ; they have probably been too 29 narclly liit by sleeping sickness to give very niucli trouble. Should Lupungu and the Kevoltes, iiowever, join forces, they would carry the Avhole of the i:ative population, and probably a third of the native army, with them. In the south-west of the Katanga territory, therefore, the military danger is a very real one, and, although this fact is recognized on the spot, no adequate measures have been or are being taken to cope with possible, even probable, contingencies. VII. — Slave Trade on Lake Tanganijika. The so called Slave Trade on Lake Tanganyika still continues, but a very much larger area is affected by this Slave Trade than its title would imply. It prevails to a Sreater or less degree throughout the eastern portion of the Katanga territory. Slave- traders irom Tanganyika have been found as far west as Lac Kisale, and some were recently captured at Kayumba, within 15 miles of Kiambi, the chef-lieu of the Tanganyika-Moero Secteur. Fartlier south slave-traders are active between Pweto and Lake Tanganyika. The main centre of tliis Slave Trade is along the western shore of the lake, whence slaves are taken east. The western shore afibrds natural advantages peculiarly adapted to a commerce of this kind, consisting as it does of a series of creeks hidden by a natural screen of reeds from the lake itself, and surrounded by high, rocky, wooded hills on the land side. In several of these'creeks I found sheds and canoes, the existence of which would not be guessed until one came right upon them, but which were evidently much frequented. The prices paid for slaves near Tanganyika are somewhat higher than those obtaining farther west. Up to 20 dotis of cloth (say 3/. fi.v. 8d.) is frequently paid for a man, and as much as 30 dotis (5/.) for a well-grown young woman. Slaves are conveyed across the lake in large canoes which are fitted with sails. Although this Slave Trade is carried on with the knowledge and toleration of the local officials, it is absolutely untrue to state that those officials deliberately connive at its existence. This charge of connivance would never be brought except by writers who have no actual acquaintance with local conditions, and it displays an ignorance which I cannot too severely condemn. Throughout Central Africa the question of slavery and slade-trading is a most difficult one, and I know from personal experience on the Niger and the Benue how very hard it is to check. In this connection a point not to be lost sight of is that not only the slave-traders and the Chiefs are in league against the white man, but also frequently the slaves themselves. It is this universal collusion of the principal parties concerned that renders the work of liberation so extremely difficult. There is nothing more ingrained in native habit and custom than slavery in one form or another. There are no raids, there is no violence ; the trade is fre(|uently carried on under the white ncan's very nose in a manner which would baffle the ingenuity of Scotland Yard to detect. It is impossible without great trouble and considerable expense to eradicate an evil which has been induliJed in and profited l)y for countless centuries. But, while the charge of connivance may be regarded as absurd, it must be admitted that the Katanga authorities have made no earnest endeavour and taken no adequate steps to check the Tanganyika Slave Trade. To root it out will prove a very expensive business, and I am not aware that extravagance has ever figured in the list of charges brought against the Congo Administration. The distribution of " askari " in the territory under consideration is as follows : Kiambi, 123 ; Pweto, 11 ; Moliro, 18; Mtowa, 18. Those at the out-stations cannot well leave their posts. The 123 men stationed at Kiambi have to be kept on the spot, as their services might at any time be required in some portion of the Tanganyika-Moero Secteur. For some weeks during the early part of 1907 a patrol of fifty " askari '' under a white officer was stationed between Mtowa and Moliro, and this patrol acted temporarily as some check to the Slave Trade. But it was withdrawn to join the expedition against the Revokes in the south-west. In consequence of a report furnished by the White Fathers to the Agent at Mtowa. the latt r succeeded in capturing some contrebandiers. They were brought to justice, but were not punished. Their non-conviction was inter- preted to mean that rubber, ivory, and slave-trading might be continued with impunity. The Comite Special has a small steamer plying between Moliro and Mtowa. This steamer sails at regular intervals, which are presumably known to the contrebandiers. It can hardly, therefore, be regarded as any check to the Slave Trade. When I crossed Lake Tanganyika in a small sailing craft the steamer in question was undergoing three months" repairs, and a recrudescence of slave, rubber, and ivory smuggling was in progress. 3U A large poi'tioii of the territory lying in the triangle Kiambi-Mtowa-Moliro is a sort of no-man's-land. Unoccupied and untaxed by the Comite Special, it forms the happy hunting ground of the Tanganyika contrdbandiers. I traversed approximately the centre of this territory from Kiambi to Baitdouiuville. It is a picturesque, hilly, well-watered country abandoned by the white man and exploited by the Arab. My native information for this portion of my journey is extremely Umited, for the inhabitants, warned in some way of a white man's approach, fled incontinently. Now and again I overtook a straggler. For instance, at N^goi, 30 miles east of Kiambi, all the inhabitants had fled to the bush with the exception of the Sultani. He stated that he and his people refused to collect rubber for " Bula Matadi," and preferred to deal with Arabs, who gave better cloth. He denied any slave-dealing, a denial which was received with ironical cheers by my carriers standing round. He explained that his people had left for the bush lon'T ago, although on my arrival I noticed that a lire was still burning in almost every hut. I left Ngoi on the 28th. August. During the following five days I passed many villao-es, but they were all deserted. In these villages I saw considerable quantities of trade rubber, and en route I remarked many vines which had been cut. In the neighbourhood of Lusaka I came within the sphere of influence of the White Fathers, who here, as in other parts of Africa, are doing a work of which I cannot speak too highly. Notwithstanding its very difiicult nature, there is no doubt that the Tanganyika Slave Trade could easily be checked if properly taken in hand. A large number of canoes and considerable quantities of rubber have already been confiscated ; in fact, the acquisition of canoes and rubber, rather than the liberation of the slaves or the punish- ment of the offenders, would seem to have been hitherto the primary object of the Administration. No arrangements are made for the accommodation of freed slaves, and there is every danger of their reversion. If they return to their villages they are probably punished by their Chiefs or resold. Slaves are not the only nor, I believe, the chief article of commerce on Lake Tanganyika. The main objects of illicit trading on Tanganyika, as on Lake Moero, are rubber and ivory. To check this trading big patrols are evidently unnecessary, but a cordon should be drawn along the western shore of the lake, and the interior should be effectively occupied by the establishment of half-a-dozen white stations. VIII. — Sleeping Sickness. Sleeping sickness was known to exist on the west coast of Africa three centuries ago. The reports of Dr. Todd, compiled in the Congo between 1903 and 1905, and pubhshed in March 190(5, first drew attention to its spread in the interior. It is unnecessary to examine his reports in detail, but his conclusions are important : — 1 . The enormous spread and great increase of sleeping sickness in the Congo Basin durintr re(;ent years has been due in a great measure to the increase in travel following the opening of the country. 2. Cases of trypanosomiasis, though apparently healthy, may be detected by their enlarged glands. 3. Good results may be expected from the serious application of quarantine measures dependent for their efficiency upon cervical gland palpation. The value ot Dr. Toiid's suggestions was inunediately recognized by the Congo Administration, and in December 1905 instructions were issued to all its agents accordiii'dy. These have been from time to time supplemented by a whole series of circulars, until to-day the sleeping sickness dossier assumes voluminous proportions. This series proves beyond a doubt that the Comite Special du Katanga has been keenly aUve to the danger of the disease, and that it has repeatedly impressed upon its agents the absolute necessity of stamping it out. In fact, they have been told in large print that the eradication of the disease should be their ])rimary duty, and that any failure to comply with instructions would be severely punished. " Video meliora proboque, deteriora sequor." In connection with sleeping sickness, as in other respects. I regret to say that the Regulations are absolutely misleading. Here, again, it is necessary to distinguish between the Congo State on paper and the Congo State 'in fact. Pages 205 and 206 of the "Bulletin Officiel" for 190(j convey a totally false impression. The elaborate instructions issued are presumably for home con- gumption, or a hundredth pan of them cannot possibly be applied witli the existing 31 staff. The Congo medical staff of t\veiity-6ve, even if all were present on the spot at any one time, whicli is not the case, slionld be multiplied by ten if any effective measures are to be taken against sleeping sickness. Numbers of vviiiles die every year for lack of medical attendance. In a previous Report (8tli May, 1907), I quoted the instance of Kasongo, the chef-lieu of a district with a staff of from fifteen to twenty white officials, a large number of native em])loy^s, and a garrison of (iOO soldiers, whicli liad no doctor, and where I attended the funeral on the day after my arrival of a wounded soldier wiio had died because there was no medical man to look after him. At the principal stations where doctors happen to be present they have the greatest difliculty in coping with their purely official duties. Work as they will, they have no time to devote to the study of sleeping sickness. When tlie Comite Spdcial du Katanga had five doctors on paper only one was present on the spot. I do not know, however, that the difference was material, for the recomnieTulations of the medical staff have been systematically ignored. In the whole course of my Katanga tour out of several thousand cases I never found a single one under treatment. Months ago the circulars gave it to be understood that lazarets had l)een established at Ankoro, Pweto, and Bukama, and instructions were issued to the medical staff" at those places. As a matter of fact, when these circulars were issued the lazarets were not constructed, and no doctors had arrived. At Ankoro on the 30th May I found a lazaret, no sick people, although the district is full of them, and no doctor ; at Pweto, on the Itatli June, I found a lazaret, five sick, no doctor; at Bukama on the 8tli August I found 100 per cent, of the population infected, no lazaret, no doctor, and twenty cases of medicine and instruments, the gift, I understand, of some philanthropic Society, lying unused in store. In descending the Lualaba I discovered the reports I had already heard of the ravages of sleeping sickness to be more than justified. During the last two years the population of this district, the richest agrictxltural and the most densely peopled of the Katanga, hss been decimated. In several cases villages had discontinued burying their dead, and the consequent filth and stench can be better imagined than described. One of the forms which sleeping sickness assumes at a certain phase is that of madness, and during this phase the sick are particularly prone to set something on fire. On two successive nights attempts were made to burn my tent, which I luckily succeeded, with the aid of my " boys," in checking. Of the two out of ten species of tsetse fly discovered, the glossina palpalis is commonly confined to the rivers, and the land fly is the glossina morsituns. The opinion held at present is that sleeping sickness is transmitted by the palpalis and not by the morsitans. The areas of sleeping sickness, however, are not found to be coincident with the waterways or with the glossina palpalis, which does not quit them, it is supposed, for a greater distance than 60 yards. It has not yet been definitely proved that the glossina morsitans does not transmit the disease, and my personal experience would incline me to discredit such an assumption. Owing to the displacement of population occasioned by the presence of the white, it is extremely difficult to delimit properly infected areas and areas which may be considered free, because it is always necessary to determine if the cases found to exist have been imported. If the palpalis alone transmits the disease, a population on a waterway, among which a small number of advanced cases exists, will probably prove to be infected to the extent of 80 per cent, or 90 per cent., whereas the population of a land village, where a large number of imported advanced cases are found, may turn out to be practically free. So very little definite information is at present available on the subject of sleepuig sickness that it is not only dangerous, but difficult, to generalize. Tiiere would appear, however, to be one or two safe lines to act upon. The question is primarily a medical one. A large staff" of doctors is immediately required. The matter is so vtrgent that a special home study of the disease nmst be dispensed with. Moreover, a medical man of acute observation would probably pick up more information in a few weeks on the spot than during mouths of study in Europe. Probabh' the first efforts of a strong and efficient medical staff would be directed to locating the glossina palpalis. In this connection, what may be called the southern frontier of the fly has been already determined ; that frontier is approximately the llth parallel. More exactly the line of demarcation runs as follows : South-east from the Kalengwe Rapids to latitude 10° 30', south of the Lufira River, thence east on this latitude to the Luapula River; west of the Lualaba a line may be drawn directly west from the Kalengwe Rapids ; no tsetse has been found between the Lubudi and the Lualaba. >outh of the mouth of the Kuluila, and Lac Kinda is reported free. South of the llth parallel, then, the more dangerous fly has not hitherto been found in the Katanga. This would [1028] F 32 appear to be the great dividing line, but throughout the Katanga territory the separation of infected districts and those whicli appear free should be effected at once, and what I may call the local distribution of the tly ascertained. The prevention of intercourse between the inhabitants of infected and non-infected areas should follow, the first point being not to cure the sick, for no satisfactory antidote has yet been discovered, but to rescue the healthy from contamination. I am afraid the local authorities do not realize the gravity of the situation ; it is still more difficult to bring the seriousness of the crisis home to the Central Government. I caTi conceive no method better calculated to propagate the disease than the immense transport system from north-west to south-east at present in force in the Katanga, which I have traced elsewhere, than that obtaining in the Congo proper, namely, compelling the sick to travel hundreds of miles to three or four central depdts. The gist of the measures recommended, but not enforced, in the Katanga are — 1. The establishment of posts of inspection along the main routes in order to prevent the entrance of infected persons into uninfected districts. 2. The removal of infected persons from posts in uninfected districts to places already infected. It will readily be understood that the application of these measures is not an easy matter, not only on account of the lack of personnel, for the Katanga Administration is a starved one, but also on account of the temperament of the natives themselves. The native here, as elsewhere, is a fatalist ; he fails to recognize the disease until its later stages ; he objects strongly to any medical treatment, especially inoculation. There are other more immediate difficulties which might easily be remedied. Averse as the native is to treatment, his aversion can be overcome by the provision of plenty of food and a certain amount of physical comfort. In the Katanga these elementary necessaries are wanting. The main centre of sleeping sickness is at present the Lualaba. The post to which all sick in the surrounding districts are ordered is Bukama, although it is not quite obvious how tliey can be expected to recover in a badly infected area. At Bukama no provision is made for their accommodation, and there is no food ; not 5 per cent, of them, therefore, ever arrive. Force has been employed to compel the native to collect rubber, to make roads, to provide food-stuffs. But presumably the use of force in connection with sleeping sickness would be contrary to the Regulations. At Bukama I found the office of the Chef de Poste continually besieged for food by the few sick who had been sent thither. He had done his best to feed them, but the food question was acute, as may be gathered from the following extract from a Report on the Bukama district, dated the 3l8t May, 1907 :— " Les villages se d^peujilent ; ceux de la riviere ofTrent un aspect lamentable. En voici un exemple : le village de Kibwe k quatre heures en aval, qui coraptait il y a un an 190 habitants environ, n'en a {)lus que le tiers. Quant an voisinage immediat, Tenga- loshi, M'Bebe, Kamaloba, Bundwe, en agglomeration, sont a peu prfes deserts au point que je ne sais pas y recruter deux courriers, et le moment est proche ou Bukama sera a plusieurs heures de marche d'un village habite. " Les villages riverains tendeni a disparaitre, et il est triste de constater que les habitants ne veulent rien faire pour 6chapper a leur sort; ils sont resignes, et il faut user de violence pour leur faire enlever les immondies qui avoisinent leurs huttes." In the " Bulletin Ofiiciel" for 1906, p. 189, it is stated:— " En ce (|ui c )ncerne I'utilisation des voies d'eau preconisee par la Commission, il est permis d'afllrmer qu'a I'heure presente, il n'est plus de cours d'eau navigable sur lequel ne circulent des embarcations tl vapeur. Le Congo et ses afHuents out 4i6 utilises sur toute leur etendue navigable, de manifere h. former un vaste reseau divergent de voies de penetration." This statement is inexact if applied to the Congo south of Staideyville, where canoes and not steamers are employed. One navigable affluent of the Congo is the Lualaba; another is the Luvu — on neiilier of these is a steamer to be found. From the point of view of sleeping sickness, transport on the waterways, the home of the glossina palpalis, is the means best calculated to propagate the disease. But to dispense with the waterways as ? means of communication is out of the question; the risk, however, can be minimized by the substitution of a steamer service for that of canoes. On the transport routes in the Katanga no earnest endeavour is made to check the progress of the disease, lliis progress has been roughly from north to south. Sleeping 33 sickness was introduced on lo llie landaba from Kabinda. i-'or years past llieru lias been a trade rt)uie between Kisale and Kabinda, •200 miles to the nortli. Tiie Lac Kisale people cau^lit and dried fish, which tiiey carried to Kabinda, where they lotind a ready market. 'I'he first case to ajjpear at Kabinda was abont the year IDOO. J)r. Todd, in March 1905, found Kabinda and its vicinity heavily infected. In 1905 T)r. 'I'odd examined a number of the Lac Kisale fish traders, but found no trypanosonies. They had no doubt been exposed to infection at Kabinda, but tlie disease had not yet develojjed. Sleeping sickness therefore found its way to the Lualaba probably not more than two years ago. The reason why the disease has not spread to the south of the Kalengwe Rapids must be attributed to the fact that the people below the rapids have practically no intercourse with those above. In October 1906, of 2G0 i)e(>j)Ie living on the Lualaba who were palpated, 145 had unmistakably enlarged cervical glands, i.e., .55 per cent. Yet the transport route from Hukama to Lukafu was c'.)ntii>.ucd until May 1907, and then only checked at the instance of the Tanganyika Concessions (Limited). The attached correspondence (Annex (F)) <>oes far to show that the ]\lining Company in comiection with recruiting labour has had to protect itself against the Comity Special du Katanga. The closing of the Lualaba and the substitution of the Luvua route is really no gain, for the glossina pdljialis is as numerous on the latter as on the former river, and there are a large nundjer of cases between Ankoro, Kiambi, and Pweto. The adoption of the Luvua route wnll, I am convinced, result in the more rapid spread of the disease to the south-east. On the Luvua, as on the Lualaba, I had to travel gloved and veiled as if about to hive a swarm of bees. In tbe south-west of the Katanga — on the Lubudi, for example — neither the glossina palpalis nor the glossina morsilans is found south of the 10th parallel, and Lac Kinda Is known to be free from both these kinds of tsetse. But it is difficult to believe that the sickness will not soon envelop these districts also, in view of the fact that for years the Batatelas have been allowed to raid slaves on the western bank of tlie Lualaba with impunity, and still carry on their nefarious traffic undisturbed except for periodical ineffective expeditions. Apart altogether from the military danger, which is acknow- ledged locally to be a very real one, the effective occupation of this chaotic territory is imperative to prevent the propagation of sleeping sickness. At present carriers are recruited from a heavily infected area on the Lualaba to carrj- loads to Kayoyo, to Lulua, to the railway survey at the source of the Lualaba, to Lukafu, and to other places in less infected areas. I have already indicated that perhaps the non-contamination of the healthy rather than the cure of the sick should be the primary aim at present. But with regard to the sick assuredly something can be done. They could be moved to districts where the palpalis does not exist, comfortably housed, properly fed, and subjected to the atoxyl treatment, which has already proved to be successful elsewhere, and which may possibly be relied upon to sustain life until medical science shall have discovered a radical cure. To cope with a plague is the duty of an Administration, and not a subject to be confined to private munificence or individual philanthropy. 8,000/. may do something (" Bulletin Officiel," 1906, p. 293) to aid the discovery of a cure, but a larger sum will liave to be provided for the application of that cure. The present policy of letting things slide may be prompted by the best of economic motives, but it is absolutely contrary to both the spirit and the letter of Article VI of the Berlin Act, which distinctly binds the Powers concerned " to watch over the pi'eservation of the native tribes." The most effective plan to stem the southward march of sleeping sickness would be to establish a cordon along, roughly, the 11th parallel. It will jjossibly be urged that the native will break through this cordon. He may do so, but only, i believe, to a linuted extent. I have had occasion already to indicate certain disadvantages which the importation of supplies and material for the Katanga by the Boma-Kasai route may possess. Fortunately this is not the only route available. Taking the 11th parallel as a dividing line, and in order to check the propagation of sleeping sickness to the south, the Boma-Kasai route should be immediately discontinued and the Cape route substituted. There is another alternative. Pending the completion of the Benguela- Katanga Railway, an ox-transport route is already available, and material has already been introduced by ox-waggon from Benguela to Ruwe, the western end of the copper belt. On this route neither the glossinu palpalis nor tlie glossina morsitans exists. By employing either of these routes the great highway of the tsetse could be closed ; lor internal distribution neutral posts could be established. I have dealt at some length with this subject, because I conceive the check of sleeping ri028i " F 2 34 sickness to be the most important and most difficult problem -vhich Central Africa has to face to-day. Both the glossinn palpnlis and the glossina morsitnns are nomadic, and the French Commission at Brazzaville reports that mosquitoes can transmit the disease. I need hardly point out the dislocation and expense involved in tiie remedies which I have ventured to suggest, but the future of the whole of Africa is here at stake, and that future must be safeguarded at whatever cost. In the Katanga the eradication of sleeping .sickness affects other interests than those merely of the Comite Special. The Comity Special happens to hold a strategical position so far as the propagation of sleeping sickness is concerned, and that position it should defend by every" possible means in its power. The spread of this fearful disease to Rhodesia and the south is an event which no one having the future of Africa at heart can contemplate with equanimity. IX. — Conclusions. It would be an insult to the intelligence of the local officials to suppose that the June Decrees were framed on reports furnished by them, because these Decrees display so striking an ignorance of local conditions. With the more important of the Decrees in question I have already dealt. I have attempted to show that the new scheme of taxation, while cloaking the rubber tax, is not only oppressive, but also impracticable, and that its imposition is unjust, because the whole burden falls practically upon the natives within the comparatively restricted area around the white posts. If the experience of other nationalities is not to be dis'-egarded, a hut tax not exceeding 5 fr. per hut should be substituted. In connection with the land question I have advocated non-interference, because nothing is known locally on the question, and the present staff is both numerically inadequate and inefficient. I have suggested that, when the Katanga has been effectively occupied and a reliable census of the population taken, the delimitation of native lands should be carried out by a Special Commission appointed for that purpose. I have already indicated the absence of any Magasins d'Etat and the delay in the introduction of a money currency. I have laid stress on the fact that no adequate measures are being taken to cope with sleeping sickness, and I have pointed out not only the rapidity of its spread from the west coast to the interior, but also the likelihood and danger of its propagation southwards. I have attempted to trace briefly the origin and upgrowth of the military danger, the centre of which is in South-West Katanga, the territory held by the revolted Congolese soldiery, and its possible spread to the north should Lupungu and Yambayamba join forces. In this connection the existence of the Slave Trade on Lake Tanganyika and the chaotic state of a large portion of the Tanganyika-Moero Secteur should not be lost sight of. I regard the view taken by Sir Harry Johnston on the native movement as that of an alarmist, but I cannot fail to point out that there exists a sentiment of widespread hatred against the white man. This sentiment, however, will have some dilficulty in taking practical shape in the face of native disunion and sleeping sickness. One of the most extraordinary features of the Congo system is the absence of any definite native policy. In the Congo no use has been made of the Arab, who with all his faults is under white supervision the best ruler of less advanced native races. With regard to the Katanga, the murder of Msiri has proved undoubtedly a political error of the first magnitude. It introduced chaos where order, even if combined with cruelty, had reigned. The Katanga authorities have realized that their ter'-itory cannot be developed without the assistance of the native, but they will not understand what is equally true, that it cannot be governed without him. The main object of any native policy should be to develop the native rather on his own lines than on ours. The old theory of euro])eanizing the native (.see " Bulletin Officiel," p. 290), has failed in practice, a failure to which the West Coast native bears striking witness. Wliere an}' previous organization is to be traced, and where it is found to be sound, the native communities nmst be reorganized on their own lines and strengthened in their own environment. In this connection the native policj' initiated by Sir Frederick Lugard in Northern Nigeria is coming to be generally regarded as a model of its kinil. Elsewhere the careful study of native requirements will probably indicate the general lines of the policy to be adopted. In both cases it must be remembered the development of Africa is neither a commercial enterprise nor a philanthropic undertaking, but a hajjpy mean between the two. In the early stages of white occupatit)n the division ol' judicial and administrative functions is not to be commended, because it is a division to which the native his not been accustomed, which he fails to understand, and which, consequently, in his eyes lowers the prestige of the Executive. The native does not want law; he wants efjuity. .ludicial oliicers in the Congo are, 35 I fear, slow to appreciate the fact that the protection of the native does not necessarily involve the persecution of the white. The ])resent system of sending convicts condemned to more than one year's imprisonment to serve their sentence at Boma is ])ractically equivalent to a death sentence, for the native is much less able than the white to stand the test ot climatic change. Each secteur of the Katanga should he provided with its own prison. The conditicms obtaining in the Katanga, both climatic and other, are so utterly different from those to be found on the coast that greater decentralization is imperative. The Katanga may become a Colony rather than a native Protectorate, for it is a country in which the white man can settle and thrive. By nature it belongs rather to South than to West Africa. Under these circumstances. King Leopold's monopoly affects something more than merely natives and commerce, although they are sufficiently important. Southern Katanga is a nascent industrial centre, where it will be difficult to preserve the monopoly hitherto maintained. The arrival of the railway, which is perhaps still five years distant, may bring with it a huge influx of cosmopolitan elements characteristic of a mining centre. There may arise a mixed communitj^ which will not be easy to tackle, and which certainly vrill not readily submit to a bureaucratic system. But the Katanga authorities do not foresee this future. They cling fondly to their monopoly. The applications of British traders on the east of Lake Moero to be allowed to establish factories in the Katanga have been repeatedly rejected. The present conditions under which land will be leased for farming purposes are such that British settlers will not accept them. For the establishment of factories in the Katanga an arrangement has been come to between the Comity Special and a certain Syndicate. The small trader is still to be excluded ; there will be an absence of all competition ; the Syndicate in question will merely be another monopoly within a monopoly. The proper administration of a native Protectorate depends mainly on the personnel, more especially in the initial stages of occupation, when the individual counts for so much, when he is so powerful a factor for either good or evil. On p. 212 of the " Bulletin Officiel " for 1906 ir is regretted that the Congo judiciary has failed to attract suitable men. It is not quite obvious why this remark should iiave been confined to the Magistrature, when it is universallj^ admitted to be applicable to every department of the service. "With certain notable exceptions, Belgium apparently produces few colonial administrators, and the Congo does not attract the best of these. In Belgium the Congo service has not hitherto been regarded as quite the thing for a man who can make his way otherwise. " Ses affaires marchaient mal ; il est parti pour le Congo," is a remark too often heard. The failure to attract suitable candidates is not difficult to understand when it is realized that the whole service is run on commercial lines, that promotion depends not on administrative capacity, but on ability to collect taxes. The absolutism of King Leopold and his intolerance of failure have resulted in the creation of what is known h.cally as " I'esclavage blanc " — more pitiable, perhaps, than any black slavery. ANNEXES. Annex (A) 1. iTHfERART from West Coast to East Coast. Date. Route. Means of Conveyance. Remarks. 1907. March 4 to ti Banana to Boma Steamer. March 7 . . P>oma to Matadi )) March 8 and 9 Matadi to Leopoldville Railway. March 11 to 20 Leopoldville to Coquilliatville . . Steamer. March 21 to 22 Coquilhatville toNouvel Anvers. . )> March 23 to 30 Nouvel Anvers to Basoko )» March 30 to April 1 . . Basolio to Stanleyville )» April 1 to 14 At Stanleyville Preparations for tanga torn-. ka- 36 Date. r, , J\leaus of Koute. n Conveyance. Remarks. lit()7. April lo Staiilevvillo to Ponthierville Railway. April 15 to 19 At Ponthierville • • Waiting for steamer. April 20 to 24 Pontbiei-ville to Kiudu Steamer. April 24 . . Kindii to Lomlombo . . Canoe. April 25 . . At Lomlombo , , Visit to railway. April 2(3 .. Lomlombo to Kitingi . . Canoe. April 27 . . At Kitingi . . No paddlers. April 28 to Jlay 6 . . Kitingi to Kasongo Canoe. May 7 to 12 1 At Kasongo . . , , Delayed by malaria. . May 13 to 24 Kasongo to Buli Carrier. May 26 to 29 Buli to Ankoro Canoe. May 31 to June 5 Aukoro to Kianibi 1 )) Katanga Tour, May 13 to September 6. Aug. 25 to Sept. 6 . . Kiambi to Baudouinville Carrier. September 7 to 11 . . Crossing Lake Tanganyika Sailing-boat. September 12 to 15 . . At Karema . . . . Septembei 16 to 30 . . Karema to Tabora Carrier. October 1 . . At Tabora . . October 2 to 13 Tabora to Mwanza Can-ier. October 14 to 19 At Mwanza . . , , Waiting for steamer. October 20 to 23 Crossing Lake Victoria Nyanza. . Steamer. October 24 and 25 . . Kisumu to Nairobi Railway. October 2(3 and 31 . . At Nairobi . . , , Delayed by tick fever. November 1 and 2 .. Nairobi to Mombasa . . Railway. Annex (A) 2. Katanga Tour. Date. 1907. May 13 to 24 May 2(5 to 29 May 31 to June 5 June 7 to 15 June 18 June 28 July 1 to 7 . . July 10 to 14 Jnlv 17 to 21 July 24 to 28 July 30 to August 7 August 9 to 13 August 16 to 22 Aug. 25 to Sept. 6 Route. Kasongo to Buli Buli to Aukoro Ankoro to Kiambi Kianibi to I'weto Pweto to Lukonzolwa Lukonzohva to Kilwa. . Kilwa to Lukafd Lnkafu to Kanibovc . . Kambove to Ruwe Ruwe to Lnlua and retui'n Ruwe til Bukama, Bukama to Kikondja . . Kikoiulja to Kiambi . . Kiambi to Band(juinvillc Total .. Means of Conveyance. Carrier (path) . . Canoe (Congo). . Canoe (Luvua). . Carrier (road) . . Steamer I Lake Moero { Carrier (road) . „ (path) .. n ?» • ■ Canoe (Lualaba) Camer (path) , . Distance. Miles. 182 80 180 120 30 50 116 85 96 100 15« 118 177 200 1,692 37 Annex (B). Case of Kaluro. MOLENGALE, Headman of Liikeka, Chief of village Molcngale, duly swoiii, fitates :— For the past week I have been working with Capita Katoro, appointed by the White Man, and Headman l.njna of Kisnngu. on the road between Talala and Molcngale, which is part of the route Lnkafn-Kilwa. Katoro has been ernel to the people of Jlolcngale. He has compelled men and women to work out anthills. He asked my boys to give him " hukari." They told him to ask nie for Avliat ft)od he ri quired. He flogged them with his sjambok not oidy on the body, but across the face. I have seen h-m repeatedly tlog men and women across the head ; many of the women have swollen ears. On the 4tli July I left him on tlie road to return to Molengale to salute VOU. , ^ a J 1. • To-dav one of the Molengale men came to me and reported that Katoro had flogged hmi and that he had nm away. I reported this to my Chief, Lukeka, and he determined to go to Lukafu to the "Whiti' JIau. Katoro has come with us. (Signed) MOLENGALE, his x mark. Witness : (Signed) ToM. Sworn before me at Manda, Congo Free State, this fith day of July, 1907. (Signed) G. B. Beak, Acting British Vice-Consul. Manda, Congo Free State, July 6, 1907. Lukeka, Chief of village M(jlengale, duly sworn, states : — The Capita Katoro has repeatedly sjamboked both my men and women working on road between Lukafu and Kilwa. My Headman has frequently reported this fact to me. Katoro tried to force one of the women at work, named Montasenga, the wife of Mangilisia, to sleep with him. When she refused he flogged her, and afterwards her husband. This morning I determined to report Katoro to the White Man at Lukafu. (Signed) LUKEKA, his x mark. Witness : (Signed) Tom. Sworn before me at Manda, Congo Free State, this 6th day of July. 1^U)7. (Signed) G. B. Bkak, Acting British Vice-Consul. Jul II (;, 1907. Katoro, (Japita, armed with cap rifle No. 374 and sjambok, duly sworn, states : — I was sent on the 27th June, 1907, by the Chef de Poste at Lukafu to superintend cleaning of road and repair of rest-houses on the route between Lukafu and Kilwa. This morning I sounded for people to come to work on the road near Talala, but Molengale, the Headman of the Chief Lukeka, told them to return to their village. Capita Lupia of Kisungu brought me a man this morning, whom I flogged. The White Man did not tell me to flog people. Ho told me I was to send a messenger quickly to Lukafu so soon as the English Consul ("Tnglcse Mknbwa") passed. What Lukeka and Molengale have stated in regard to flogging is true. 1 asked Montasenga to sleep with me, but when she refused I did not touch her, nor did I sjambok lu'r iiusband. (Signed) KATORO, his x mark. Witness : (Signed) TOM, . Sworn before me at Manda, Congo Free State, this 6th day of July, 1907. (Signed) G. B. Beak, Acting Britisli Vice-Consul. Manda, .1 uly ti, 1907. 38 Annex (C). COMIT^ Spc^cial du Katanga. Secteurs. Postes. Nature des Postes. Observations. Lukonzolwa Chef-lieu du Comite .. Office auxiliaire d'Etat Civil. Kiambi . . Chef-lieu du Secteur . . Siege d'uu Conseil de Guerre. Bureau principal d'^fitat Civil. Ankoro . , Poste Buli „ Pweto . . 5J • • Bureau d'lmmatrioulation. Du Tangauika- Bureau Fiscal et Sous-percep- Moero tion Postale. Kikondja » Towa, .. » Bureau Fiscal et Sous-per- ception Postale et Bureau d'lmmatriculation. Molii-o . . )9 Bureau Fiscal. Lukafu . . Chef-lieu . . Siege d'uu Tribunal Terri- torial et d'uu Conseil de Guen-e. Bureau d'lfitat Civil et d'lmmatriculation, Office Notarial. Kilwa . . Poste Du Haut Luapula - Kasenga „ Kalouga )j • • • • Kavalo . . »j • ' • • Nusofi . . J* Bukama ?) • ' • • Poste Fiscal. Bureau d'lmmatriculation. Lulua . . >9 • • Office auxiliaire d'fitat Civil Kayoyo. . ?5 ' " • • Bureau Fiscal. Kabinda Chef-lieu Siege d'uu Conseil de Guei-re. Bureau d'fitat Civil et Office Notarial. T\ T Tshofa . . Poste Du Lomami Kabouga „ . • . . MutomboMukulu. . 9) . , • • Lubefu . . )i • • • • « Lac Kinda I) Annex (D). Hardey Correspondence. Dear Sir, Mazanguli, March 3, 1907. I WISH to bring to your notice that our food traders and carriers are being greatly interfered -with in going and coming to MazanguU by Chiefs Mpungn and Kavalamwema, on the other side of the Luulaba, in Mkawondo district. This thing has been going on for some time, and people are refusing to carry our loads. It is reported that Chief Mpungu tied up four men and wounded another. Chief Kavalamwema tied up three men and killed another. All these were returning home after carrying food to Mazanguli. The food business is almost at a standstill on account of this, ouly about twenty loads annviiig at this station in the past week. The trading Capitas report tiiat tlie peo])le are afraid to come on acooinit of these imi-uly Chiefs. They should be severely dealt with and made to understand that they must not interfere or in any way meddle with any one on Company's business, otherwise it will disorganize the whole food supply, which will cause a great deal of inconvenience. Please look into this matter at your earliest convenience, so that things may get back into- working order. Yours truly, For Tanganyika Concessions (Limited), (Signed) E. liARDEY. Chel de Poste, IJukania. Certified true copy : (Signed) G. B. Beak, Acting British Vice- Consul. Bukama, August 8, 1907. 39 Dear Sir, - KajnH, Mai/ 12, I'M! . I AM Rcndiiig bearer Jlaiiyoko to yoii to see if yoii can give him any assistauee to collect food and get if can-ied to JIa/.anguli. The people absolutely refuse to transport the food to the store for the Capitas, and as it is impossible for myself to get away, I thouglit that it might be of great assistance if you could send a few of yf)iir jiolicemen round witli the (!apitas to speak with the people and induce them to carry loads tn JIuRangnli. I ask you to do tliis, not, of course, on my own behall', but i'or the lurtherance of the business of the Tanganyika Concessions (Limited), or more properly speaking the new Mining Company. Trusting that you will be able to render this assistance. 1 am, &e. For Tanganyika Concessions (Limited), (Signed) E. lIARnEY. The Chef de Posts, Bukama. Certified true copy : (Signed) G. B. BnAK, Actinf/ British Vice-Conntl. Bukama, August 8, 1907. Annex (E) i. Ordre pour le-^ Operations Militaires coutn les H4voltis clu Kasai. AU cas oil la gamison de Lulua serait r^quisitionnee par le Commandant des troupes de riiltat du Congo charge d'operer centre les revokes du Kasai, le chef de la troupe executera toutes les operations militaires qui seront ordonnees par le dit Commandant, tant en dehors que dans la region du poste. Aussitot que la requisition aura et^ re^ue, on prendra les raesures prescrites par TAi-ticle 10 du Decret du 3 Juin, 1906, sur les operations de police at les operations militaires. A cette fin, la presente decision sera affichee a Feraplacement afFecte a cet usage et proclama- tion en sera faite dans la region du poste. Le Representant du Comite. (Signe) E. WANGERM^E. Lukonzolwa, le 27 Fivrier, 1907. Certified true copy : (Signed) G. B. Beak, Acting British Vice-Consul. Lulua, July 27, 1907. Annex (E) 2. Operations militaires. LE Commissau-e de District du Lualaba-Kasai : Vu les Articles 7 et 8 du Decret duo Juin, 1906, sur les opei'ations de police et operations militaires ; Vu les (1) et (2) de 1' Article 13 de I'AiTetd du 23 Juin, 1906 ; Decide : n sera entropris, du 1" Juillet, 1907, an 1" Novembre suivaut, une operation militaire coutre les revoltes Batatela et leurs allies habitant le pays liinite an nord par le 8'^ parallele sud, ii Test par la fronti^re du District du Lualaba-Ka.sai, au sud par le 11* parallele sud, a I'ouest par le 23* m^ridien est de Greenwich. (Sigu6) G. GUSTIN. Lusambo. le 5 Avril. 1907. Certified true copj- : (Signed) G. B. Beak, Acting British Vice-Consul. Lulua, July 27, 1907. [10281 G 40 Annex (E) 3. Regime militaire special. LE Commissaire de Distiict du Lualaba-Kasai : Vu I'Article 25 du Decret du 22 Novembre, 1888, pour le regime militaire special , Vu I'Article \" de I'Arrete du 4 Oetobre, 1898, sur les conseils de guerre; Vu I'Article du Decret du 3 Juiu, 1906, sur les operations de police et les operations militaires ; Decide : Est placee sous le regime militaire special la region limitee au nord par le 8° parallfele sud, a Test par la froutiere est du district du Liialaba-Kasai, au sud par le 11° parallele sud, a I'ouest par Je 23^ m^ridien est de Greewnicli. (Slgn6) G. GUSTIN. Lusa7nho, le 5 Avril, 1907. Certified true copy : (Signed) G. B. Beak, Acting British Vice-Oonsul. Luliia, July 27, 1907. Annex (F). Correspondence between the Comite Special du Katanga and the Tanganyika Concessions (Limited). Dear Sir, Rutvf^, August 31, 1906. I BEG to bring to your immediate notice tliat the medical officer of the Company (Dr. Massej') has informed me that he has discovered the microbe of the sleeping sickness (trypanosomiasis) in several of the Kabinda men sent here by the Representant to work. These people are also infecteel with spirillum fever (tick fever), and, as reported already, three men and t)ue woman have died from this fever. In fulfilment of the instructions laid down in the Belgian Government Regulations (copy of which, dated Boma, 7th December, 1905, I now forward you), I have considered it advisable to take the follo\ving steps: — I have written the medical officer (as yoii will see by the copy inclosed) that I intend to return all uninfected natives from the Kabinda district at once, and to establish a segregation camp to be chosen by the medical officer and myself at a suitable place away from this mine. All buildings that have been inhabited by these natives will at once be burned down. It is to be ren)embered that these natives have been kept during their stay in this district separate from all other natives. I regret that I have been forced to take these steps without waitiug your instractious, but the Regulations of the Belgian Government appear to me to be so distinct and clear that tliere is no other course open to me but to follow them rigidly. I regret that the experiment of employing these natives from Kabinda, a work undertaken at considerable personal tiouble to M. le Representant, Commandant Tonneau, should have resulted 80 disastrously. Ti-usting that my action in this matter will meet with your a])pr()val, I am, &c. (Signed) B. G. M. HARRISON, Local Manager, Tanganyika Concessions {Limited), Ruw6. H. Cajdey, Esq., Manager, Tanganyika Concessions (Limited), Mazanguli. Certified true copv : (Signed) G. H. Bk.\k, Acting Britislt. Vice-Cow. The Mahommedan po|)ulation and time-expired soldiers and wf)i-kmen are compelled hy the State to jjlant rice, wdiich the State huys from them at sucii a ridiculously low price that it amounts to a severe imposition upon these classes. The 1 ,000 tons of rice " negotiated on the market of Stanleyville " has been one of the heaviest hurdens that district has had to bear. " Kwanga " and smoked fish are native inventions and fabrications. The State, instead of favouring these products, nearly strangles them with incessant heavy impositions. The policy of the State is well illustrated in the ease of cotton. Although there is no reason why the cultivation and manufacture of this fibre should not become an important industry, as in Northern Nigeria, the State does nothing to favoiu- it, as it does not pay for export. The plant is widely distributed and grows freely, but the valuable oil to be extracted from its seeds seems to be entirely unknown. The natives are greedy of oil and use great quantities, which they extract laboriously from pea-nuts, sesame, and palm kernels. I have suggested the use of cotton-seed oil to many Chiefs, but they had never heard of it before. There are many other products which grow freely, such as fenugreek, chick-peas (" garbanzos"), ginger, cloves, onions, vetches, and all kinds of leguminous plants, which would be of immense value to the badly-fed natives and their flocks, but which would require the encouragement of the State. Needless to say the Government does not give the subject a thought, but contents itself w^th saying (p. 137), " It is difficult to induce the native to under- take the cultivation of anything more than tlie needs of his own existence require." The raising of live stock (p. 143) occupies two pages, and refers to cattle, horses, and zebras, and says (p. 144), " The State stations have to keep up flocks of small cattle and poultry in order to secure a supply of fresh meat for the staff without having to depend upon the natives, who, in certain places, do not attach sufficient importance to breeding." The little flocks intrusted to the care of a few of the " Chefs de Poste " are utterly inadequate. Besides, the " Chef de Poste " has to account for every head periodically. None of the cows, a few of which are to be found here and there, give an ounce of milk. When Mr. Grenfell lay dying at Basoko, Ur. Grossule had to send to a native village three hours' distant in the bush to obtain a little goat's milk for his patient, though there was a large herd of cows in the station. The same thing occurs fit Stanleyville, Romee, and other places that I know. The soil of this country is incredibly rich ; the sun, though tropical, is so often obscured by mists that almost anything will grow in abundance with the minimum of labour and trouble. If the Government responded to the duties which it h.as taken upon itself by appropriating the country and its inhabitants and accepting from the natives a contribution so vast that it not only pays for the whole administration, but also leaves a rich balance, it would secure the miserable native at least a decent supply of food, instead of this it is daily impoverishing him and his country. This question of the supply of fresh food is rapidly becoming acute. The nativ(>s have no idea of the i)rolitable or economic breeding of the few goats, sheep, and fowls they possess ; the enormous and perpetual demands of the State Agents, who require to be well supplied every day with these commodities, aggravates their most wasteful system of consuming young cattle, breeding mothers, eggs, &c., regardless of repro- duction. Eighteen niontlis ago sheep an.l goats, though tiieir numbers were comj)ara- tively few locally, could be obtained in sufficient quantities and paying prices from Kasongo. This plan was, however, so wasteful that only about one-tilth of the animals survived to reach the Falls. They were then worth about two dotis of cloth, worth about 5 fr. To-day it is almost impossible to buy a sheep or goat. The State obtains them by heavy pressure, as they do also fowls and eggs. The Mauyema 4G country is almost denuded. At Kasongo itself sheep and ^oats have to he brought in from several davs' distance. The Kailway Company is feeding its men on preserved meat and fish imported from Europe, and are selling the same to the natives. I enlarge on this point hecciuse I foresee a very critical position in the near future. As I am travelling, and cannot tell wlien I shall be able to continue this despatch, I send you tlie part already complete without further delay. 1 have, &c. (Signed) GEO. B.VBTNGTON MICHELL. No. 8. Vice-Consul Armstrong to Sir Edward Grey. — {Received January 27, 1908.) (Extract.) Bomo, December 17, 1907. I HAVE the honour to inform you that I left Leopoldville on the loth August on board the steamer " Peace " for my journey in the Lake Leopold II district. Being unable to obtain the necessary workmen for the steamer and engineer's supplies at Kinchasa, where the steam-launch was fitted out, I was obliged to visit Bolobo, a station of the Baptist Missionary Society on the Congo River. I arrived at Bolobo on the 20th August, and was detained there for twelve days owing to an accident which occurred to the steamer. Whilst there Mr. Murdoch, of the Baptist Missionary Society, returned from a trip to the lake, and the information obtained from him determined me in making a journey to the towns he had visited close to the lake, and of which he gave such an unfavourable account. Acting upon his advice, I decided to visit these towns from the lake, and not, as he had dime, from Bolol)o, thus avoiding the long journey through a thinly-peopled and unimportant part of the district. I accordingly left Bolobo on the i'nd September, and, descending the river as far as Kwamouth, started up the Kasai. 1 arrived at Mushie, a post on the juncture of the M'fimi imd Kasai Rivers, the former leading into the Lake Leopold II, on the morning of tile 7th September, and I arrived at Nioki, the first State post of importance alter Kwamouth, on the 9tli September. There is very little to report on the part of the Kasai River up which I passed, witli the exception that there are hardly any natives living on the banks ; and at Mushie, once a very large and important native town, there are now only a few native huts inhabited by a mere handful of natives. The engineer and captain of my steamer had visited this village several years ago, when in the employ of the late Rev. William Grenfell, and recollects this village as being a very large and populous one. The natives declare this depopulation is owing to the labour demands made by the State, while the latter declares it is owing to sleeping sickness and small-pox. This depopulation, which is very marked over all the district, is probably attributalde to both causes, as many certainly die from exposure, and others run away to escape this forced lal)our : while small-pox epidemics have been kno^vn here, but I only saw two cases of men pitted with small-pox. On I he banks of the M fimi River are evidences in many places of what were once important native towns, which now either do not exist at all, or contain hut a meagre population of from twenty to thirty jjeople. 1 was told by a State officer who had been several ^-ears. I understand, in the service of the State in this district, that the people of the river banks had been practically stamped out by the ravages of small-pox some few years ago. it is very ditticult to form an estimate of the population living on this river, but I was fjiven to understand by a State officer that my estimate of 200 persons was a liberal one. 'i'he length of the M'fimi River, i.e., from Mushie to the entrance of Lake Leopold II, 1 should judge to be about 150 miles, and the inhabitants upan its banks belong to the Ba-boma tribe. The people of these river villages supply a chik^angue and fish tux to the State. 1 was unable to find out the amount in kilogrammes which the towns at which I stopped supplied, but 1 presimie the tax is everywhere the same, and none the less burdensome than in other parts. At the village of Moleke, situated at a distance of about 40 miles from Musliie, the people supplied 50 "bunches" of chikwangue and 50 "bunches" of fish every week, 47 which tliey liavc to deliver at Mushie hy canoe. The 50 " bunches " of chikwangue I presume to mean 60 kilog. The Stale vahiation of the kwan^a is 4 centimes per kiloijramme. 'l"he natives complidned that they received practicdlly nothing for their tax, which occupies the greater portion of their day'n work. They are supposed to be paid at the rate of 4 centimes per kilogramme for their chikwaniiue, wliicii, if carried out, would mean that the village tax in money would amount to 104 fr. per annum, and in return they would receive 104 fr. worth of meroiiandize ; hut the valuation is a purely arljitrary one, since, by the system of monopoly, no comi)etition exists, and therefore no relative value can be attached to the produce. No one but the State Agents visit this part of the country, with the exception of the Koman Catholic missionaries, who travel on State steamers, and who profit by the prices fixed by the State. The people are paid by the State in trade goods for their produce, and as the transport of merchandize upon the river steamers from Leopoldville to the Lake Leopold II costs 00 fr. (3/. V2s.) per ton, the prices of merchandize, which consists chiefly of cotton cloth and salt, are very high. I found that a yard of ordinary cotton cloth costs 1'62 fr. per fathom (about 7^-d.) ; whereas salt, which is of a very good quality, is valued at 2 fr. (or Is. 7^d.) per kilogramme. I was informed by the " Chef de Poste " at Nioki that the villages within his district were taxed in rubber. The amount of rubber required of each adult male native was 1 kilog. 200 grammes per month. 'I'his represents 14 kilog. 400 grammes per annum, or a tax of 7 fr. per head in money, the rubber being valued at 50 centimes (or 6d.) per kilogramme. For this each native receives a remuneration of 7'20 fr. in trade goods, I.e., the State valuation of his tax. This amount of 1 kilog. 200 grammes of rubber is calculated by the State as forty liours' work. 'I'he natives in the district of Nioki formerly made 4 tons of rubber per month, but since the " strict observance " (a statement which subsequent experience entirely refutes) of the law of forty hours' labour this has been reduced to 1 ton 200 kilog. per month. The "Chef de Poste " informed me tliat the natives in his district had refused to work rubber, and were paying nothing to the State as a tax. I was unable to visit these towns, being desirous of devoting my attention to the districts on the banks of the lake. At the next post, N'kutu, I found that practicdlly the same conditions prevailed as at the former place. No action had been taken by the State, up to the time I left, against these people who had paid no taxes. I left N'kutu on Thursday, the 12th September, and proceeded to Inongo, the head station in the Lake Leopold II district, where I arrived on the same day. I called upon the Commissaire of the district and other officials, and I was shown all over the station, which is well built, but surrounded by a swamp. I observed about forty-five natives in chains, who, I was informed, were undergoing punishment for non- payment of the rubber tax. These prisoners came from the village of Ibenga, on the north-east of the lake, and I afterwards ascertained that the task of these people to obtain rubber was far easier than that of any other village I visited. On the following morning these people were released from the chains, but still kept as prisoners. On visiting the brick-making establishment at Inongo I had an illustration of the work of the prisoners. There were three of them in a pit up to their knees in clay performing the duty known as " puddling." They wore nothing but a small loin cloth, and were perspiring at every pore. It was with difficulty that they withdrew their legs from the mixture of clay and water, and a capita kept them constantly on the move. 1 make a note of this, as it was difficult for me to understand why they disliked being made prisoners more than being rubber gatherers. From Inongo I crossed the lake to N'celenge, a native village on the lake, about an hour's steam from Inongo, the place of delivery oi the rubber tax of a group of villages. This village consists of about 100 people. Their tax to the State is 200 chikwangue and 20() fish, which has to be taken across the lake to Inongo in canoes every day. There are forty women in the town, and each one has to deposit five chikwangas on the beach every morning, each weighing about half a kilogramme. nThis food-stuff is valued by the State at 4 centimes per kilogramme, and the natives are paid accordingly. Native labour is valued at 8 centimes per day, or 2 fr. 40 c. (Is. lie?.) per month in [1028] H 48 addition to their food (" chikwangue "), which is supplied to them by the State, who in turn levy it as a tax upon the people, giving them a small remuneration of 4 centimes per kilogramme for their work. The natives of this village complained only of their remuneration, and not of the endless work imposed upon them, their reasons being that they worked rubber, to obtain which they had to go very long distances, there being none left in the forest surrounding their village. The State have appointed one of the villagers as capita, and his duty is to see that the taxes are duly paid. He informed me that it was very difficult to make the people supply the amount demanded by the State, and that they were often short in their deliveries, for which they receive no punishment, generally speaking ; occasionally a messenger would he sent, who would chastise those who were short. It happened that after I had left this village on a visit to the interior towns one of these messengers was sent to N'celenge, and the captain of my steamer, whom I had left at the village awaiting further instructions, tells me that this messenger caught several people, chastised them for not having brought over their daily tax to the State post of Inongo, commandeered two or three fowls for himself, and threatened them with imprisonment if they did not at once fulfil their obligations. It is most important that the State should receive their food-stuff regularly, otherwise their workmen would be short of food. The Chief of N'celenge had no authority whatever over the people, being unable to relieve them of their work or benefit them in any way. On Sunday, the 15th September, I sent for the capita and Chief, and informed them of my intention to visit some towns in the interior, and requested them to supply me with carriers. This they consented to do on the following morning. When the time arrived there was not a man to be seen in the village. Two State soldiers who had been hunting arrived, and I explained to them what had happened. They searched the bush behind the native huts and found two or three men who then came forward. The capita explained that the men did not wish to go, because they would receive no pay- ment for their work. I told the capita that 1 was quite prepared to pay the men, and that I would deposit the amount of salt anil cloth agreed upon with him before starting, provided he would guarantee the safe arrival of my baggage at its destination. This he agreed with the natives to do, and plenty of workmen, more than I actually needed, were forthcoming. Upon my arrival at mv destination, a village called M'pili, some of the carriers wished to engage themselves to go the whole journey overland with me, which they eventually did. The village of M'pili consists of a few small huts, and contains a male population of ten adults. Their tax to the State is 1 kilog. of rubber per man per month or 120 kilog. per annum for the whole village, which calculated upon a money value of 50 centimes per kilogramme, the remuneration which the State allows them amounts to 60 fr. (21. 6s.) per annum for the whole village. This amount they are paid in trade goods, i.e., cotton, cloth, or salt, in the following manner : — At the end of every thirty days, which is called market day, the tax is taken to N'celenge, a few hours distant from their village. The work of two men (called by the State a " Chef de groupe '') is put together, which should amount to fifteen strings (each man making seven and a- balf strings). One man of each " Chef de groupe " is deputed to carry this amount to N'celenge, so that five men oidy have to appear on market days. If the amount which each man brings is of good quality, and none but the best is accepted (all inferior being burnt), he receives in exchange two yards of cotton clotli (i.e., one yard each). One string of rubber weighs when dry 170 grammes, so that on market day it is wet, and must weigh more than 170 grammes, as it takes about three months to dry, I am told. If the amount is less than that specified by the State the natives receive payment in proportion to the amount which he brings. One of the natives of this village brought me a strip of common white domestic, about 2 yards long and I'J inches wide, which he stated he had received in payment of his rubb(;r, complaining that he had not received his full payment, and adding that a piece of cloth of such dimensions was of no value to iiim. ^ In answer to my questions, he stated that his rubber tax for the month had been completed. 40 I mentioned this to the " Inspecteur d'Rtat," whom I met afterwards in the lake, and lie (.'xplained to me that he had ret'eivcd similar coinplaint", hut that he had in each case proved to the native that the amount specified had not Ijcen iirou^^hl in. He also stated that the native could allow his remuneration to accumulate if he so desired, hut they were " so distrustful " of the European that they preferred to take what ihey were given at the time it was due. I do not in the least douht the ahsolute sincerity of the " Inspecteur d'fitat," whose statements I accept without hesitation ; hut in this case, from what I have seen and heard from others, 1 should he inclined to the opinion that the native's distrustfulncss was due chiefly to fear of the European, for, in order to maintain the present system of rubher taxation, nothiufr hut fear of the consequences of shortage in the supply could make them fulfil their obligations, and submit to a tax involving incessant labour. The natives assured me that tliey spent twenty days and nights in the forest in each month to collect the amount of their tax. They told me that they were not ill-treated by the otiicials ; and that they were thankful the armed sentries have been withdrawn from their towns ; their people were no longer killed, and that they were living in tiio hope that their taxes would be reduced. A capita resides in the village and is chosen from among the inhabitants. His duty is to see that the taxes are duly carried to the State post when they become due at the end of the thirty days, and for this purpose he has a calendar made of thirty small .sticks threaded on a string, one of which he moves every day. He receives no remuneration from the State, and therefore takes a share of his townsman's earnings. From M'pili 1 walked to N'gongo, which I believe to be the largest village on the west side of the lake. This village, together with a i'ew small villages in the surrounding country, con- tained, according to the census made by the State, 120 adult men, 17 of whom had recently run away to the Mission station at Bolobo to escape the liardships of the rubber tax, and others,"the Chief told me, were on the verge of departure, which I should think was highly probable. This village was once very large and influential, but the history of pa.st years, which has been written by Mr. Consul Casement and Mr. Scrivener, of the Baptist Missionary Society, the information of the Chief and natives who survived the treatment, and the manifest evidences of these abuses which are still witness of past maladministration, convince me that the population must have formerly been very dense. A number of people have fled to the village nearer the main river, and have placed themselves under the protection of the respective Chiefs of the villages at which they reside. I refer to past abuses, not with the intention of hinting that such things are still in existence, but with a view of explaining the possibility of enforcing the payment of taxes which are such a burden to the people. This village (N'gongo) supplies 1,440 kilog. of rubber per annum. The tax is 6 fr. per head payable in rubber at the rate of 5D centimes per kilog. Each man, therefore, lias to supply 1 kilog. per month. The tax, therefore, amounts to 720 fr. per annum, for which they receive 720 fr. in trade goods as remuneration. The natives work from twenty to as much as twenty-five days in the forest collecting the tax. It takes them eight days to get from their town to that part of the forest where the rubber grows. The distance which they cover in the eight days must be nearly 300 miles. They tell me that they very often exhaust their supply of food, in which case they are either obliged to go without or beg from some village in the neighbourhood to whom they give payment in bows and arrows. The village is divided into forty "Chefs de groupe " of three men each, one of each '"Chef de groupe" being responsible for the delivery of the tax at N'celenge (30 miles distant), on the market day (the 30th day). The capita is a native of the town and resides there. He is an old emjiloye of the State in the past, and was, he told me, responsible for many abuses which he performed under the orders of the European. He is disliked by the people, which is only natural, and is quite aware of the reason. He says that he makes the people work without ill-treatment, which is borne out by the natives themselves, but receiving no pay whatever from the State, retains a liberal portion of the tax-gatherers' payment. The same applies to the Chief, who takes a portion of their rubber, which he sends to the State in exchange for barter goods. The Chief is a native of a small village in this district, and being an influential man and friendly with the State at present, has been given a medal, ihe recognized insignia of his office. [10281 H 2 50 The villagers are not at all pleased .villi him, accusing hiin of sacrificing their interests for his own comfort and well-being. The Chief, on the other hand, says that he is quite aware of the hardships which the native undergoes in the collection of rubber, and the constant work which the tax entails. That if the villagers refuse to supply the tax the result will be a repetition of past ill-treatment. He himself would be obliged to fly to the forest to escape imprison- ment. He also urged them to consider that now the sentries had been withdrawn their wives and children Avere living in comparative tranquillity. The tax-gatherers told me that they were not satisfied with the Chief, who was entirely in the hands of the capita, and who, they said, received all the paj-ment for their work. On making inquiries, the Chief told me that the State had lent him tive goats and five guns, which the peo|i]e accused him of having received aspa\ment for the rubber they had made, whereas the goats and guns were not his property, but only given him on condition that the people worked. The villagers also accused him of iiaving infornied the State of the flight of some of their men to Bolobo to escape the rubber tax, adding that in doing so he was directly conniving with the State to obtain their arrest and return to their village. They, the villagers, were also making arrangements for a general exodus, and if the Chief would not help them by keeping silent their flight would be impossible. I arrived in this village in time to see the arrangements that were made for taking the rubber to the market of N'celense. The capita and his retinue summoned the people to bring their rubber by blowing a horn. The tax-gatherers assembled at his compound with the rubber, where it was counted, and a representative of each " chef de grou])e " was chosen. On the following morning they set out for A"eelenge accompanied by tiie capita. From N'gongo I went to Lishoko, a small village near the State post of M'bongo. The people ot this town make 250 chikwangues, which has to be taken to the State post, about 6 miles distant, every four days. The village anu its dependencies number twenty-six working men. It formerly contained thirty, four having run away to Bolobo. The supply of chikwangue is the women's tax, and the men have to supply palm leaves and string for roofing houses and large mats, which are eventually sent to the new State post at Inongo. The conditions of the people here are identical with those of other villages supplying chikwangue. 1 then proceeded to the State post at M'bongo. The officer in charge had unfor- tunately left two days beiore my arrival, so that I had no opportunity of obtaining information as to the distances the natives went to gather rubber. The post had formerly been a very Urge one, but now shows signs of having been neglected. I was informed by my interpreters, one of whom was a native of the village of ^|'gongo, and the other who had made a journey through this country some two or three years ])reviously, that this town of M'bongo was once very large. All that remains to-day is a population of perhaps twenty people, living in a state of filth it is difficult to describe. I returned to the lake via N'gongo to M'bali, an old State post on the lake. This town, or group of towns, comprise sixty adult men. Their individual tax to the State is 1 kilog. 200 grammes of rubber per month. These people are obliged to go to the district in close proximity to the State instruction camp at Irebu on the main Congo River to find rubber. The people state that it taUes them seven days' walk to get into the rubber forest ai,d six days' actual work in the forest to make their tax. This is the more siL-nificant seeing that upon examination of their tax-paper I found that the average amount of rubber tliey had supplied to the State as a tax in the first half-year of 1007, viz., from January to May inclusive, averaged 2.'3 kilog. per montii, whereas the amount they should have supplied was nearly 60 kilog. per month. This bears out the statement that it is impossible to make the amount required in a month. The villagers complained that they receive no pay for their work, and seeing that they are paid in cloth at lid. per yard, or salt at li'. lid. per kilog., at the rate of 50 centime.s per kilog. of rubber, it was impossible that they could have received more than a very small payment. 'i'iie capita told me that he liad been often beaten and imprisoned for sh(jrtage in supplies. The rubber on the west side of the lake is practically worked out, and that which remains is scattered over the country which is at a distance of from 26 to 30 miles from the Congo River. 51 I left M-]iali niul procoedcd to (lie country at tlie extreme north-east and north- west of the lake, visitinn; Lukanji^a, Loini, and Jiolia on its hanks, and from Lomi I went overland to Bolia, i)assiiiii' thmuiili tin; lar<^est and most important town I liave seen in I he Coniio Free State, viz , lixdce. At Luk:inr«a and its surronndin;;- villa2;es there are thirty-tliree " Chefs de groupe," that is, ninety-iiiiio men, and the tax is iJ'J kilo<^. of ruhher jjor month, or I kiloji^. per man montliiy. 'i'he capita, who is an old employe of the State, stated that the people of this villao'e went to Irehn and Lake Mantiimha for their rnl)ber. The men were absent when I arrived at the village, and tlie capita said they had been gone seven days when I arrived, and he further informed me that the taxes here were jjayable every fifteen day-<, and that the people went ont tor ten or twelve days twice monthly, i afterwards found out that the reason of this double tax was that they never brought sufficient in the first ten or twelve days, and it consequently took them a further ten or twelve days to make up arrears. According to their tax-paper, they only supplied 59(5 kilog. of rubber during the whole of the year 1906, which would go to prove that the present tax is excessive. Corporal punishment and imprisonment are inflicted for shortage in supplies, but more leniency in tiiis respect has been shown them in the last two months. They complained tl]at they received no pay for their work. I chanced to be present at Bolia when they brought in their rubber, and I can state that they were remunerated on that occasion, but it is fair to them to add that the State capita, who assisted the " Chef de Poste " to receive the tax, told them in my presence that they could be thankful that J was there, for otherwise their rubber being below the specified amount and not of the l)est quality, and having l)een dipped in the lake to make it weigh more, they would have been imprisoned and paid nothing had I not been there. At Lomi the Chief told me that he had about forty men, and their tax-paper showed the number as forty-five, viz., fifteen " Chefs de groupe " of three men each. Their tax was 45 kilog. per month. The village, the Chief told me, was divided into two parts, taking their rubber alternately to the post every fifteen days. The people go to the borders of Lake Mantumba for the rubber and spend the greater part of their time in the forest. They say they receive no pay, and the Chief tells me that he was recently imprisoned at Bolia for six weeks. I visited the State post at Bolia before malsing my journey into the surrounding country. The post is small but well kept. The " Chef de Poste " was away when 1 arrived, and the post was in charge of an agricultural agent, who was engaged in making a rubber plantation in the surroundmg forest. The work had only just been started, and he had seventy-five men working with him. He knew very little about the taxation of the people. I returned to Lumbi, from whence I started on a journey overland to Bolia. The roads, with the exception of the part from Ibeke to Bolia, are in a deplorable condition, and, in fact, generally speaking, have very nearly disappeared, there being no communication between the towns by the route I followed. The whole of this part of the country is an inundated forest, with occasional strips of high land. Ti)e water in many places was waist deep, and it was at the time I visited the country the dry season. In the rainy season the roads are almost impassable. At Boliabompeti there were thirty working men, i.e., ten " Chefs de groupe," who should supply 30 kilog. of rubber per month. They stated that there was very little rubber in their district, and that they had to go to the Lake Mantumba country to find it. The} spend from twenty to twenty-two days in the forest. J was informed that three men had been imprisoned two weeks before my arrival, but had been released shortly afterwards. They complained that they received little or no payment. Upon examination of their tax-paper 1 found tfiat they had only supplied a fraction over 43 kilog. of rubber in the first six months of this year, i.e., from January to June inclusively, whereas they should have supplied fSO kilog. or 30 kilog. monthly. Upon my arrival at Botuale, the next village, there was not a person in the village. It appeared to be quite new, and in two huts there were fires stdl burning. Soon after my arrival an old woman appeared, who told me that the Chief would return to the village on the following day. The men, with the exception of the Chief and capita, and two others who had gone to the next town of Ibekc to deliver their rubber, were in the forest collecting their tax. 62 The Chief arrived in the night, and a few more women gradually returned to the town from their hiding places in the bush when they found that there was no danger. The town consisted of ten working men, a few women, and only two children, one a boy of about 12 years and the other a girl of 4 or 5 years. The capita had no tax-paper, as he told me that they were under the Chief of the village of Ibeke, Their tax was 1 kilog. of rubber per head. On the following day two men returned from taking their rubber to Bolia, about 35 miles distant. They had taken fifteen strings, about 22 kilog. 400 grammes, and had received in remuneration 1 yard of blue baft cotton cloth. They told me that their tax had been complete, and that the State officer had ordered them to return with more rubber in ten days' time. 'J'hey told me tliat they spent the greater part of their time in the forest surround- ing Lake Mantumba, and complained of the hardships of travel and work in the forest, which, for the greater part of the year, was under water. I then went to Ibeke, the largest and most influential village in all the lake district. This village, together with small outlying villages, contains 981 adult men divided into 327 " Chefs de groupe," and they supply 3 kilog. of rubber per group, i.e., 1 kilog. per head, or i>bl kilog. per month. The capita of this town, who is the son of the Chief Ilanga, is also responsible for a further "roup of villages containing 136 men, who likewise supply 1 kilog. of rubber per head per moutb. According to the tax-papers in possession of the capita of Ibeke village, the natives had only supplied 4 tons 41:i kilog. of rubber for the first six months of this year (1907) instead of o tons 986 kilog., the amount assessed. Tlie Chief, capita, and people were unanimous in declaring that they, the rubber gatherers, spent only tour days per month in their village, the remainder of their time being spent in the forest making rubiier. In confirmation of this, 1 repeat a statement made to me some days after having visited these towns by a native employe of the post of Bolia. 'I'his man appeared, from his statements, to be a messenger of the post, his duties being to carry letters for the State officers at Bolia to the State post at Bikoro on Lake Mantumba, and also on rare occasions to Coquilhatvilie. 1 questioned him as to the distances between Bolia to Bikoro and Coquilhatvilie, which, he said, were three and six days respectively. The '• Chef de Poste " at Bolia told me he thought it would take eight days to go from Bolio to Bikoro. Tie messenger told me that to make the afore-mentioned journey in three days recjuired forced marches, and that the rubber gatherers would take tour to five days. The roads, he said, were inundated with water at nearly all times of the year. In reply to inquiries as to the time the rubber gatherers spent in the forest collecting their tax, he informed me that they spent from ten to Hfteen days actually in the forest. In explaining the hardshijjs of their work he also told me that they very often exhausted their lood supplies before their tax was complete, in which case they went to Ikoko, an American Mission station and native vilhige on Lake Mantumba, to purchase food, and for whicli tliey had to pay very dearly to tlie natives. Having made inquiries from the Mission at Ikoko, I obtained confirmation of this statement. Between Ibeke and Bolia there is a series of small villages, and these, together with the other villages, whicli I did not visit, form what is called the " Chefferie " of Bolia. Tliis group contains l,G9u working men, who are taxed GOO grammes of rubber per iK-ad per month, i.e., 1 ton, 17 kilog. per month. This part of tlie country seems to be still fairly thickly populated, and the State census lor the Bolia " Chefierie " for this year estimates the number of women and children at 4,030. 1 tried to visit the N'kiri liivcr on the north-east extremity of the lake, but failed to get over the sand-bar at the entrance. This part of the country is inhabited by the >i'kundu people, against whom the Government are conducting a punitive expedition by reason of their refusal to work. I uas desirous of visiting these people, but was informed by the "Chef de Poste' at Bolia that it would be unsale to do so without an escort. i was likewise unable to visit the village of Ibenga or the Lukenie Iliver at the entrance of Lake Leopold II. 1 spoke with the capita of Ibenga, who told me of the imprisonment of hig people, as reported in the previous pages of this Report. He informs me that the distance from liis village to the rubber forest was only two or tiiree days, which prov that the task of tliese people is far easier than that of any villai;e 1 visited. Wlien 1 returned to Inoiig'o I had au iulerview with the " Coinmissaire de District," and he asked me if I had Iicard of any abuses committed a<|;ainst the natives. I informed him tliat T had hoard of only one case, in which a native had liecu killed by a sentry in the vdlaije of Bokoki My informant insinuated tiuit the " Chef de Poste " at IM'bonii^o had heard of the matter and inquired into it as soon as it had hap|)ened, and had tacitly ajireed not to report it so long as he made the people work. I did not tell this to the " Commissaire de District," as, when he asked me the question ([uoted above, the matter liad entirely escai)ed my mind, and as he read me a despatch on the subject from the " Chef de Poste " at M'bongo, which he seemetl to liave received soon after the complaint liad been reported to me. stating that "the charge was quite untrue for the reason that he (the 'Chef de Poste') iiad never heard anything about it," my informant might have been charged with maliciously calumniating a (State officer, in which he would have been seriously handicapped, seeing« that the " Commissaire de District" had ordered the " Chet de Poste" himself to immediately constitute an inquiry — he being an officer of the judicial police — pointing out to him that "his not having heard of the matter was no reason in support of his view that such an act had not been committed." I then mentioned to him the conclusion I had formed as to the taxation, saying that the people worked from twenty to twenty-five days per month. He stated that he had received similar complaints of a sufficiently serious nature as to have inspired him to write to the State " Inspecteur " suggesting a revision in the tax with regard to its application being so modified as to conform with the fundamental principle of forty hours' labour per month. There is not the slightest doubt in my mind that the average month's work of every native is not less than twenty days. The improvement that has been made by the application of the Reform Decrees of June 1906 is solely in the withdrawal of the armed sentries, a reform which the serious decimation of the population by the sentries demanded. In every village I visited I saw evidence of this, which was confirmed by the natives. This is the more remarkable, seeing that the inhabitants are of an exceedingly tractable nature, and do not resent — as do the N'gombe tribes of the A.B.I. R. country — their past treatment, attributing the misdeeds solely to the initiative of the soldiers, whom they call " Haussa people," and the majority of whom were probably British subjects. I saw nothing which led me to view the occupation of this country in the light of an Administration. The undertakings of the Government are solely commercial, with a sufficient administrative power to insure the safety of its personnel and the success of its enterprise ; the natives have no time or opportunity to raise or to discuss questions which in normal condititms require the presence and careful consideration of adminis- trators, and therefore the State appear to treat them as negligible quantities. The " Chefs de Secteur " and " Chefs de Poste " have their hands full in their efforts to make the natives pay their taxes. They have no time to look into other matters, even sliould they so desire. On the other hand, a native would as soon think of offering himself for punishment as to go to a State post, except when the delivery of his tax obliged him to. This attitude of the native towards the European seems to he the general state of affairs outside the Free Trade zone, between Banana and Lenpoldville inclusively, and it is only lately the natives of Stanley Pool have learnt confidence in the European. In the Lake Leopold II district the natives are only just beginning to settle down. The " Commissaire " of the district informed me that he was using all his efforts to make them return to their villages. The " Chefs de Secteur and Poste " are continually touring through their districts with the object of making the native work. They spend at least fifteen days in each month among the natives. Mr. Murdoch, in his article which appears in the weekly^ edition of the " Times " of the 1st November, states that the natives are required to bring in fifteen strips of rubber each. According to their tax-papers this is not the case, as fifteen strips of rubber would weigh, as Mr. Murdoch says, in giving the weight of a strip he purchased, and which I saw weighed, 2 kilog. 550 grammes, wfiereas the individual tax is not calculated at more than 1 kilog. 200 grammes anywhere, as far as I know. The natives brought each thirty strips, he says, which being the case, they brought more than their tax. These people were evidently from the village of N'gongo, as this was the only village which supplied mort than they were actually obliged to. 54 He refers to the thirty strips of rubber beinsj the work of two men, in which case their statements to him did not coincide with what they told me, or with the conditions of the tax-paper — which divided the villa fr. to a maximum of 24 fr., but in practice the evidence shows that it is very often impossible to arrive at any conclusion as to the monetary or time-basis on wliich the tax iu any district is fixed, as even the statements of the local officials in the same district do not correspond. in both cases, however, it has been proved time and again that the amount due, however valued, is invariably exceeded, and it seems to be indeed limited only l)y the needs of tlie State or the working capacity of the native. From the administrative point of view the t:ix in " chikwangue," the native bread- stuff, with which the native employes, labourers, and soldiers are fed in the Upper Congo districts, is one of the most important. In Leopoldville the State employs some 1,200 workmen, who, together with a detach- ment of 120 soldiers and their valves and children, number about 2,000 persons for whom rations are found, by imposing a tax in chikwangue on the women living in the surrounding villages. To obtain the necessary supply the tax is estimated at 100 kilog. per head yearly, for which, by " un acte de pure condescendance." the State pay 6 centimes a kilog. in trade goods, thus apparently giving back in kind the full value of the tax of 24 fr. imposed. As a matter of fact, the local market of chikwangue is 10 centimes a kilogramme, and on the other side of the Stanley Pool 25 centimes per kilogramme can be obtained at Brazzaville in the French Congo. Thus, if tlie native were free to sell the produce of his own lands and of his own labour, each 400 kilog. would be worth at least 40 fr., leaving a profit of 16 fr. to the native even after the maximum tax had been paid. Were this 6 centimes paid in coin the injustice would still be evident, but it is paid for in trade cloth, of which the State has in Leopoldville a practical monopoly, at a value of 10 fr. a-piece of 7 metres, or in other trade goods a similar valuation. These figures speak for themselves. It may be further noted that the natives, having no use for all the cloth so earned, are glad to sell it again at 8 fr. a-piece, thus incurring a diminution of their wage. This is so generally the case that a regular trade is carried on in the cloth so retailed. As regards the time and labour necessary to produce these 400 kilog. of chikwangue, the reports of Mr. Vice-Consul Armstrong, tlie American Consul-General, Mr. Smith, and the m.issionaries all agree that to produce the amount necessary to free her of all obligations to the State each woman has practically to work incessantly twelve months in the year. So much so is this the case that ^Ir. Armstrong reports " it is impossible for any of them to leave their villages at any time for fear of the consequences of a shortage in the supply, for which they are liable to punishment," while the Rev. Mr. Stonelake and the Rev. Mr. Hope-Morgan both testify that, in consequence of the inces.sant labour imposed by this tax, the women have practically ceased to bear children. Their work is further increased by the fact that the chikwangue has to be brought in every four, eight, or twelve days, and, although this is supposed to be the men's work, as a matter of fact it is carried out to a very large extent by the women and children. Forced labour, such as this, differs only in name from slavery, and by it the Administration are enabled to feed tiieir workmen at a merely nominal rate instead of having to buy chikwangue on the open market or of importing rice at a considerable cost to the State. A solution of this question would be the payment to the State workmen of what is known here as "chop-money," namely, a weekly sum for food, which each man then provides for himself. By this means the supply of local produce would be encouraged, the native producer would get a fair price, while the cost to the State would be small. It would, however, mean tlie introduction of a system of payment to the workmen in coin and indirectly facilitate the jjayment of the taxes in money, two things whirh the Administration have no wish to introduce into tlie Upper Congo. Mr. Armstrong's Report of the I7th December, I'-iOT, shows that in the Lake Leopold 11 district the price i)aid for the chikwangue is 4 centimes a kilog., mentioning especially Molekc, where the village has to supply fifty bunches of chikwangue and 59 fifty bundles of fisli weekly, and tlie natives complain "that they received practically nothini;- for tlu-ir tax, which occupies tlie greater portion of their day's work.'' At N'celcnj;e tlie tax is 'lOO chikwaiinues and 200 fish daily, and each woman havin.i^ to deposit five cliikwangues, weighinjj^ about h.ilf a kilofj^ramme each, every niorninf^ on the licach, and this amount has to be taken across the lake to InoniiO every day. Here, again, Mr. Armstrong notes that they complained "only of the remuneration and not of the endless work imposed upon them." These cases hear out what I have said in the introduction to this Memorandum as to tlic tax l)eing limited only by the needs of the State on tlie working capacity of the native, as round Leopoldville, where the soil is poor, 400 kilog. a-year is about the limit each woman can produce, while in the more jiroductive forest land the (piaiitity is about doubled and the remuneration decreased, so that the nominal money value of the tax remains unchanged. Mr. Consul-Gcneral Smith's Eeport bears out these statements, and, talking of the Leopolville district, he says : " In my visits to the surroundinc villages 1 did not see a woman who was not busily engaged in making chikwangue for the State, from which they receive but a trifle more than half its market value at Leopoldville." In the same Report he mentions that "at Bolenge the tax in dried fish is four bunches per Aveek per man, weighing aljout I lb. to the bunch. The price paid is 1 mitako (small brass rods) per bunch, while the current value is ten to fifteen times this amount. The native fishermen complain of the difficulties of supplying the amount demanded and the inadequacy of the remuneration. In high-water, when fish are scarce, they are obliged to go a distance of SO miles to the Ubanghi River to secure them ; " and, again, " at Lulanga similar conditions prevail, the remuneration for the kwanga ("chikwangue ") and fish is only one-tenth of its current value, and I learned on the best authority that the soldiers sold their rations exacted by the State as a tax at a price ten times in excess of the remuneration allowed the native." Tliese instances of the State's dealing with the native, which are examples of and not exceptions to the general rule, could be increased indefinitelv, but are, I think, sufficient to prove that the administration under the present system of taxation treat tbo actual produce and property of the native as their own, inexorably exacting what thej need, and paying for it what they choose. Under these circumstances, the depopulation of these districts, to whicli Mr. Armstrong and Mr. Smith both bear witness, is scarcely surprising, and it is certain large numbers of the natives fly to the French side to escape the burdens put upon them by the State, Avhile the incessant work and exposure, especially in the rubber- collecting districts, must encourage the ravages of small-pox and sleeping sickness among an underfed and overworked population. With regard to the collection of rubber, in which only the work of collecting is reckoned, the rubber itself being counted as the property of the State, the tax is based on the law of forty hours' labour per month, but all the evidence goes to show that the actual time employed works out at an average of twenty to twenty-five days per month, the remuneration being as inadequate as in the food tax, while the systematic under- weighing of the rubber produced is, at one post at all events, definitely proved. Mr. Smilli's Report deals with the district formerly held as a Conce.-sioti by the " Societe Anversoise " north of Upoto, Briefly stated, this Report shows that at N'gali, the centre of the rubber producing district — one of the richest iu the country, the tax is fixed at 3 kilog. monthly, the remuneration at 43 centimes a kilogramme paid a.s usual in trade goods, the time occupied in collecting the quota of rubber being on the average twenty to twenty-five days, as the natives iiave to travel four or five days to the place where the vines are found and take froui ten to fifteen days in collecting the amount required. At N'gali the American Consul-General was present at the delivery of the rubber, and noticed that the amounts as called out and noted in the books were not correct, and, on drawing attention to this fact, was informed the scales were not correct, and actually weighed H kilog. more than the correct weight. With reference to this he remarks : " Even admitting that he told the truth, the natives were being unmercifully cheated, as I distinctly saw^ baskets weighing 6| to 7 kilog. called out at 4 or 5 kilog. Many times baskets over 5 were called as 3 kilog. I remained a couple of hours watching this illuminating spectacle, during which time twenty or twenty-five men had already been marched away to prison for being short." Further comment is unnecessary. At Mopolanga and the surrounding villages similar complaints were made by the natives as at N'gali. At Bavenge there are about 700 men on the rolls, and the Agent reported that it [1028] ^ K -J 60 was rarely they did not brino; in their full quota. The tax here is also 3 kilog. a-month, and is remunerated in brass rods. At Yambata the tax- rolls sliowed 1,500 men subject to the rubber tax, which there, as at the other places, was 3 kilog. per month per man, and is paid in machets. Mr. Smith was enabled here to make an interesting experiment, carried out with the help of the State Agent, as to the pos-^ibility of collecting the required amount of rubber in forty hours. The result showed that under the most favourable conditions it would take eighteen days a-month, or 21'3 d.iys a-year, to collect the amount imposed as a tax equivalent to forty hours' work a-month, and this without any allowance made for the time occupied in going to and returning from tiie vine-growing localities. Mr. Smith's experiment being of such a novel and interesting nature, I transmit a copy of his own account of it herewith as a separate inclosure. Mr. Smith notes that, ou visiting an outlying village near Yambata in company ■with the " Chef de Sectcur," it was found that the inhabitants (men, women, and children) had all taken to the bush on their approach, and could only be induced to return when the State official had sent out a man to tell them they had only come to " see." This example, which is not a solitary one, of the effect of the humanitarian and civilizing efforts of the administration is heightened by the Consul-General's description of the village itself : " Plere, as in all the villages I had visited since leaving Upoto, there is no visible sign that the people possess anvthing at all beyond their squalid and filthy hovels and a small patch of ground near by planted with manioc for the common use and to furnish kwanga tor the post, occasionally a few fowls or goats. The women are entirely naked, and the men wore simply a loin cloth, made usually of the thin bark of some tree rendered pliable by pounding." This is the condition of alfairs in what is considered one of the richest rubber producing sections of the State. In tiie Lake Leopold 11 district, visited by Mr. Armstrong, the time occupied in collecting the rubber appears to be also twenty to twenty-five days. The rubber in the district west of the lake is practically worked out, which accounts for the average tax levied per man being only 1 kilog. per month. The State officials in this district evidently make some capital out of the reduction of the amount of the rubber collected at present as compared with what was formerly brought in, and talk of the strict observance of the law of forty hours' labour. Mr. Armstrong's Report shows how utterly fallacious this argument is. At Nioki it was claimed that the natives formerly made four tons per month, but that this had now been reduced to 1 ton 200 kilog. per monih, while at M'bali, where the tax is 60 kilog, per month, the average amount accepted Avas 25 kilog. Mr. Armstrong visited the latter place, and reports that the natives, owing to the exhaustion of the rubber, have to walk seven days to get to the vine-bearing forest, where they take six days to gather the required amount. Thus explained, the reduction amounts to nothing more than that, owing to the rubber vines being worked out in certain districts, a smaller quantity must necessarily be accepted, but to gather it the native nmst work for the same or a longer period than before when the vines were near at hand and plentiful, receiving for the same number ol days a lesser remuneration. As I have already said, the regulation of this tax on a monetary or time basis is a mere farce, the only limits being fixed by the fertility of any given area and the collecting capacity of the native. In the rich Bangala district, visited by Mr. Smith, where rubber is plentiful, the tax is 3 kilog. per month ; in the worked-out region near Lake Leopold 11, where rubber is scarce, it is 1 kilo<>;. In both instances the tax is assessed at ibrty hours' labour per mouth, and the natives work twenty to twenty-five days out of every thirty. A tew examples of this may be quoted from Mr. Armstrong's Report : — At !M'pili, numbering ten adults, the tax is 1 kilog. per man monthly. Time spent in the forest, twenty days. At IV'gongo, 120 adult men, tax 1 kilog. jjcr month ; bere they have to go eight days' journey to the forest, and it takes tliem in all twenty to twenty-five days to collect the ruld)er. At Lukanga and surrounding villages there are ninety-nine men ; tax, 1 kilog. per month. Here the rubber is collected twice monthly, and the people are out for two periods of from ten to twelve days each month. Other instances might be given, but I think these are sufl^cient to show that a reduction of the amount of rubber to be iianded in every month does not mean any diminution of the tax, but can usually be attributed to the growing scarcity of the 61 rubber itself, niul (tiat the nominal forty hours' labour means incessant work and privation for twenty to twenty-five days each month. The only ini|)rovements to be noted in tiie slate of these two districts are a cessa- tion of the worst form of atrocities which were so common before the visit of the Reform Commission, ami an evident tendency to an increased leniency in the fiake Leopold district as regards the shortages of rubber brought in, the State oflicials in certain posts evidently recognizing the impossibility of the task imposed upon the native. It must, however, be remarked that the most frequent examples of this leniency occur in those regions where the rubber is being fast worked out ; in the richer districts the punishment for shortage seems still generally to be exacted. The system -which gave rise to these abuses still continues unchanged, and so long as it is unaltered the condition of the natives must remain one of veiled slavery. Their own feeling at present seems to be one of relief that the former acts of violence and cruelty have so largely diminished and that the sentry system lias been altered, but it is very largely the fear of a return to the former state of things that makes tiiem endure the incessant work and hardship entailed on them by the labour tax with so little complaint excejjt as regards the paucity of their remuneration. In regard to this point, I must mention that I have heard through the Director of Justice that a ])roposal is now being considered to increase the remuneration. This information which he gives with all reserve would, if true, mean something, but the change would, in reality, be altogether insufficient, as it would not imply any change in the system, and would leave the hours and amount of labour unchanged. Inclosure 2 in No. 10. Experiment made by American Consul- General. AT Yambata the opportunity for which I had been seeking, namely, to prove by a practical test the assertions of the natives as to the time necessary to gather 3 kilog. of rubber, presented itself. It was claimed by all the State Agents whom I had questioned upon the subject that the tax was not excessive, it being easily possible to gather the amount of the impost within the forty hours monthly prescribed by the law as the maximum of time the native must labour to fulfil his obligations to the State. It was contended that the native idled his time away in the forest in search of game ; that, in substance, he did not apply himself to his task. The " Chef de Secteur " at Yambata was apparently so certain of this that I requested permission to take a number of natives into the forest, set them at work gathering rubber for a given time, and thus prove to my own satisfaction whether their complaints were or were not reasonable and just. The "Chef de Secteur" willingly consented, apparently confident, from the State's standpoint, of the successful result. Accordingly five natives were chosen from one of the villages and placed in charge of one of the State capitas. It was arranged that these five men should work for four hours each, or a total of twenty hours' work, in which time to correspond to the tax imposed, and the maximum of forty hours they were supposed to produce 1| kilog. (1,500 grammes) of rubber. The place selected for carrying out this experiment was at one hour's march tlirough the forest from the post, and was chosen by the " Chef de Secteur " as being especially rich in rubijer vines. The men also were of his own choosing. I had nothing to do with this part of it. Arriving on the spot two of the men were put at work under the surveillance of Mr. Memminger and Mr. Dodds, the other three under the " Chef de Secteur " and myself. All the men had been promised an adequate remuneration and exemption from their taxes for the following month by the " Chef de Secteur " as an incentive, and certainly not a slight one, to do their best. I can testify to the fact that these men did not lose a minute from the time we commenced work until the expiration of the four hours. The vines were numerous, and but little time was taken up in the search for another when one had been exhausted. The rubber was delivered to me and carefully weighed upon my return to the post, with the following result : — Grammes. Total weight. . . . . . . . . . . . . . . . 650 Two men gathered each 200 gTammes . . . . . . . . 400 The other three . . . . . . . . . . . . . . 250 An analysis of the result works out as follows : — ' Collectively : 'I'wenty hours' labour should have produced 1,500 grammes. Twenty hours' labour actually produced (J50 grammes, or 13 per cent, of tax imposed. To 62 gather the quantity required these men would have been obliged to work an average of ninety-three hours each i)er month, or eleven days five hours at eight hours per day, 140 days each year. Individually : Four hours' labour sliould have produced ."-500 grammes. Two men actually produced in this time each 200 grammes, or 66f per cent, of tax imposed. To gather the quantity required these men would be obliged to work an average of sixty hours each per month, or seven and a-half days, ninety days each year. And again : Four hours' labour should have produced 300 grammes. Three men actually produced in this time an average of only 83o- grammes, or about 28 per cent, of tax. To gather the quantity these men would be obliged to work an average of 144 hours each month, or eighteen days, 216 days each year. In considering the above, it must further be borne in mind that the time necessarily occupied in reaching the locality and returning is not calculated. This would, of course, relatively reduce the amount gathered within the given time and increase the average tmie necessary to produce the quota demanded by the State. It must also be remembered that the element of cbance enters largely into the question ; the two men who secured 200 grammes each were fortunate in finding large vines immediately atter entering the i'orest ; the other three were not, and, although they worked fully as hard, only succeeded in securing 83^ grammes each. If, to be perfectly fair, we accept the average time employed by the five men as a basis, and add thereto eight days eacii montii for the time necessary to reach the place and return (eight days is not excessive as an average of the time thus employed), we find that these men must labour nineteen days and five hours eacb month, or practically 236 days each year. During the month, if they produce 3 kilog. of rubber, it is worth, according to the latest market value at Antwerp, 1 2 fr. 50 c. per kilogramme, or 37 fr. 50 c. They receive for this a machete upon whicli tiie State places a valuation of 1 fr. 10 c. and a small handful of salt, 1 purchased at Leopoldville from an English trader two ot the same machetes for 50 centimes each. J S a. ^ :3 ^ 00 ^ r. c c c o CO o B tc CI. n 0) fe V c: CL o 2 2 (rt- 5 05 c« ^ E a CD a> t3 O O ^^ CD CI- S- S CD OQ •T3 o CD Q Q B O / AFRICA. No. 2 (1908). FURTHER CORRESPONDENCE RESPECTING THE INDEPENDENT STATE OF THE CONGO. [In continuation of "Africa No. 1 (1908)."] Presented po both Houses of Parliament by Command of His Majesty. May 1908. LONDON: PIIINTED FOR HIS MAJESTY'S STATIONEEY OFFICE, BY HAIiPJSON AND SONS, ST. JiIARTIN'S LANE, PRINTERS IN ORDINARY TO HIS MAJESTY. And to be purchased, either directly or thronoh any Bookseller, from WYMAN AND SONS, Ltd", FraTER^L.WE, E.G.; and 32, Abingdon Stricet, Westminster, S.W. ; or OLIVER AND BOYD, Tweeddale Court, EDiNErr.cai; or E. PONSONBY, IIG, Grafton Street, Durlin. [Cd. 4079.] Price 2^d. TABLE OF COXTENTS. No. Name. Date. Subject. Page 1 Sir A. nartlinge .. June 24, 1907 Transmits a note whicli lie addressed to M. de Cuvelier on 24th June on the subject ot tlie acquisition of new sites by British Protestant Missionary Societies in the Independent State 'of the Congo 1 2 ., Aug. 14, See abo\e. Transmits M. de Ciivelier's reply of loth August 2 3 To Sir A. Hardinge Feb. 4, 1908 To ascertain from M. de Cuvelier if a reply has been received on the subject of the sites avail- able in the Cnngo Free State for Mission stations • . 4 Cousul Thesiger , , Jan. 17, Discusses the ijue-^tiou of the introduction of money and the general payment of the natives in coin . . 5 5 Yice-Consul Michell Feb. 10, See No. 7, •' Africa No. 1 (19C8)." Gives his views on certain further points touched on in the Congo " Bulletin Officiel" . . 6 « Sir A. Hardinge . . 13, See No. 3. Reports conversation with M. de Cuvelier on the subject of missionary sites 8 7 ;. )9 - • * # 22, See above. Transmits JI. de Cuvelier's reply to his iuijuiries respecting sites for British Missions in the " Province Orientale" 9 8 To Sir A. Hardinge , . Mar. 2, See No. 6. His language to M. de Cuvelier approved. To address a note to him requesting the Congo Government to give an assurance in wiiting that, should annexation not be voted by Parliament before the end of May, they will without further delay sell to British mis- sionaries suitable sites in or near the localities indicated by them 10 i) i< >: •• 2, Transmits an order of the House of Lords asking for papers bearing on the grants and title- deeds of Companies <^f the Free State. To furnish any observations he may have to offer on the matter 10 10 Sir A. Hardinge . . 4, See above. The inclosures in his despatch of 6th December, 1907, referred to in No. 9, contain all the iiiforniation available for pub- lication on the subject of grants and title-deeds of Companies in the Independent Congo Slate. . 11 11 •. .1 • • • • 16, See No. 7. Transmits his reply to M. de Cuvelier's note of 21st February in the sense of No. 8 . . 11 12 Vice-Consul Aiinstroug to Consul Thesiger Feb. 22, Transmits an extract from a jouriial, being an account given by the Rev. A. Stonelake, of the Baptist Missiciuary Society, at Kinchasa, of the hardships of the chickwangue tax in the Stanley Pool district; also Mr. Stonelake's report of the interrogations to which he was subjected by the " Siibstilut" of the I^rocureur at Leopoldville . . 12 13 Sir A. Hardinge . . Mar. 28, See Nil. 11. Transmits a note from M. de Cuvelier emljodying the Congo Government's reply to his note respecting sites for Missions in the Free State 14 ]4 j» Apr. 6, •See No 13. Transmits a copy of the repl.>' which he has sent to M. de Cuvelier's note of 28th Marcii on the subject of sites for British Missions in the Free State . . 15 Further Correspondence respecting tlie Independent State of the Con^-o. Ill coutiuuatiou of " Africa No. 1 (1908)."] Xo. 1. Sir A. Hardinge to Sir Edward Grey. — {Received June 25.) (Extract.) Brussels, June li, 1907. I TO-DAY addressed to ]\L de C livelier a note, of which I have the honour to inclose copy herewith, respecting the acquisition of new sites by the British Protestant Missionary Societies in the Independent Congo State. 'Inclosure in No. 1. Sir A. Hardinge to M. de Cuvelier. M. le Chevalier, Brussels, June 24, 1907. I AM directed by His Majesty's Secretary of State for Poreign Affairs to approach the Government of the Congo Independent State on the subject of the desire of certain British Protestant Missionary Societies, engaged in evangelistic work in its territories, to acquire several new sites for Mission stations. Two of these Societies, the Congo Balolo Mission and the Baptist Missionary Society, have applied to the Local Administration with a view to the acquisition of such sites, but have, so far, been unable to obtain from the latter any definite replies, As it appeared possible that the local authorities might have felt a certain reluctance to move in the matter without previous authorization by the Central Government, the Societies concerned have thought that the speediest way of obtaining a favourable decision on behalf of their respective Missions in the Congo would be to ask His Majesty's Government to assist them by the exercise of its good offices at Brussels, and Sir Edward Grey has accordingly instructed me to recommend and support their applications. The Congo Balolo Mission desire to obtain a site at Monpona, in the A.B.I.R. Concession, occupying a fairly elevated position, and about 10 acres of ground, with sufficient river frontage. The Baptist IMissionary Society are anxious to secure two new Mission sites, beyond Stanley Falls, on the Lualaba lliver : — 1. In the neighbourhood of the town of Mbondo, on the east bank of the river, and about 5 miles south of Kilundu, 3G miles up stream from Ponthicrville. 2. In the neighbourhood of the town of Waika, on the west bank of the river, 35 miles nortli of the northern terminus of the Kindu-Katanga Railway. Both Societies are prepared to pay a reasonable price for the purchase of sites in these districts, and I have the honour to request you, on behalf of His Majesty's Government, to be good enough to indicate any plots in the neighbourhood of the above-mentioned localities which may be available, due regard being had both to their suitability for such stations and to their fitness for human habitation. Convinced that the Congo Government, w^hich, even if the provisions of Articles "V and VI of the Berlin Act had not recommended Christian Missions of all denomina- tions to its special and impartial protection, has spontaneously expressed in your own [524] B 2 recently publislied Report to the King-Sovereign its warm appreciation of tlieir value as agencies in the work of civilization, alike moral and material, and its desire to co-operate with thiem, will gladly take this new opportunity of assisting and forwarding their efforts, I transmit these applications to you, M. le Chevalier, with the certainty of an eaidy and favouralile reply, and I beg you to accept on this occasion, Avith my anticipated thanks, the assurance of my high consideration. (Signed) ARTHUR H. HARDINGE. P.S. — T should not omit in this connection to remind you that a site formerly granted to the Baptist Missionary Society, one of the two Societies on whose behalf I am making this request, and for which it still holds the title-deeds, at Mundungu, on the Himbiri River, was occupied by the Congo State, and that, notwithstanding promises of compensation or the granting of another site in exchange, they have secured no redress. A. H. H. No. 2. Sir A. Hardinye to Sir Edward Grey. — {Received August 19.) (Extract.) Coq-sur-Mer, August li, 1907. I HAVE t!ie honour to transmit herewith, with reference to my despatch of the 24th June, a copy of a note which I have just received from the Congo Government on the subject of new sites for British missions in its territory. Inclosure in No. 2. M. de Cuvelicr to Sir A. Hardinge. Departement des Affaires Elrangeres, Bruxelles, M. le Ministre, le 13 Aoul, 1907. LE Gouvernement de I'fitat du Congo a examine avec attention la lettre quo votre Excellence ui'a adressee le 24< Jnin dernier, en vue d'appuyer les demandes que ferment la Congo Balolo Mission et la Baptist Missionary Society d'acheter des terrains, la premiere h Mompono, la seconde a Ubondo et a Waika. La demande de ces missions ne specilie pas si les terres dont il s'agit sont des proprietes privees de particuliers ; dans Tafflrmative il leur appartient de se mettre en rapport avec les propri^taires, en vue d'obtenir la cession des terrains ; a cet egard, le droit des missions d'acqueriv des proprietes immobili6res leur est garanti par les Trait^s, et le Gouvernement n'a pas a intervejiir dans I'exercice legal que feraient les missions dc ce droit. S'il s'agit de terres appartcnant a I'l^^tat, cc n'est qu'apre^s avoir jn-is aupr6s de I'Administration locale les renseignements n6ccssaires que le Gouvernement sera en mesm-e de decider si, en fait, il y a lieu pour lui de consentir a la veute do ces terres. Abstraction faite de cette question, le rappel quo fait votre Excellence des dispositions des Articles V et VI de I'Acte de P>eilin laisserait supposer que ces dispositions sont interpretees par les missions comme lour donnant un droit a I'obtentio]! des terrains qu'ellos jugent leur convenir. Le Gouvernement de I'Etat ne pourrait partagcr cette mani^re de voir. L' Article V stipule que les 6trangcrs jouiront indistiuctemcnt, pour I'acquisition de leurs proprietes mobilieres et immobilieres, du mcmc traitemcnt et des memes droits que les nationaux. L' Article VI dit que les Puissances protegcront, favoriscront, sans distinction de nationalites ni de cultcs, toutes les institutions et cntreprises religieuses ; que les missionnaires Chr<^tieus et leurs (>scortes seront egalement Tobjct d'une protection spcciale ; cnrin, que le li])re et public cxercice de tous les cultcs, le droit d'crigcr des cflifices religicux ct d'organiser des missions appartenant a tous les cultcs ne seront soumis a aucunc restriction ni entrave. C'est en vnin ([u'on olicrt'lierait dans ccs Articles, commc dans Ic texte entier dc I'Acto dc Berlin, la base d'nu droit, pouv les missions di; toutes confessions a occupcr, posstider ou ucquerir des tcrrcs ea dolioivs dcs modes lei^aux d'acquisition. L'Actc dc Berlin n'a cree, sous ee rappoit, aucune situation privil6giee pour les missions, et les tcrmes " favorisoront on ])rotegeront les missions" de I'Article VI nc peuvent ctrc compris en cc sens qu'il ieur appavtiendrait d'obliger Ics pvoprictaires a leur ccdcr ou veudre lenrs proprietes. Commc tout pavticulier, national ou dtranger, elles peuvent exercer librement leur droit d'aclieter, sous reserve de rassentiment du vendeur. Ces points sout mis plus encore en evidence par les Protocolcs eux-memcs dc la Conference de Berlin. Non seulemcnt ces Actes n'imposent aux Puissances possessionn^es dans le Bassin du Congo aucune obligation de ce genre, raais ils montrent meme qu'en employaut les tcrmes " favoriser " ou " proteger " au lieu de celui d' " aider," qui avait etc ])ropos(5 primitivcment, les Puissances ont entendu restreindre a. son sens uaturel le devoir qu'elles assumaient vis-a-vis des missions. La protection due aux missions, devoir dont raccomplisscment relive dc chacune des Puissances sur son territoire, se conceit commc comportant les mesures necessaires pour garantir les persounes et les proprietes des raissionnaires, assurer le libre exercice des cultes, donner meme aux ^tablissements de mission un traitement de favcur en ce qui concerne, par exemple, les charges fiscales, mais ces mesures sont du domaine des decisions de cliaque Puissance int^ressee. Des jurisconsultes Beiges et etrangers, dont I'avis a ete demandc sur la portee de I'Acte de Berlin a cet egard, aboutissent aux memes conclusions dans les consultations qvi'ils ont dcliberces. Si le Gouverncment a cru necessaire de marquer, M. le Ministre, le caract^re de pure bienveillance dont s'inspire sa politique a I'egard des missions, en ce qui concerne notamment I'attrilmtion de terres aux missionnaires, 11 constate aussi que ces sentiments ont eu I'occasion de s'afiirmer a I'egard des deux soeieies de missionnaires dont m'entre- tient votre Excellence. Ces missions, en effet, possedent dans I'Etat de multiples etablissements ; ceux de la Congo Balolo Mission sont installes a Banza-Loanga, Lulanga, Bongandanga, Bonginda, Ikau, et Leopoldville ; ceux de la Baptist Missionary Society a Gombe Lutete, Kinshasa, Lukolela, Bolobo, Mousembi, Bopoto, Mondungu, Yakusu, Natadi, Tumba, et Yalemba. II me sera permis de dire que la sympathie du Gouverncment du Congo ne pent au meme degre etre acquise a toutes les missions Protestantes, les agents de certaines d'entre elles ayant pris a I'egard du Chef de I'Etat une attitude d'opposition en des formes et des tcrmes hautement critiqnables ; it est des membres des deux missions dont s'occupe precisement la lettre de votre Excellence qui ont qualifie publiquemeut le Roi-Souverain de "inhuman monster," "devil incarnate," et I'ont accuse des" crimes des plus odieux. Le Gouverncment est necessairement amene a se demander si ceux qui s'animent detels sentiments sont bien indiques pour euseigneraux indigenes, en meme temps que les preceptes de la charite Chretienue, le respect du aux institutions etablies. Je demande aux autorites locales leurs avis et considerations sur les demandes de terres que votre Excellence a formulees au noni des deux missions dont il s'agit. 11 paraitrait d'ailleurs plus simple, si les missionnaires desireut obtenir de nouveaux emplacements, qu'iis se portent acquerevirs de telles des terres que, aux tcrmes du Decret du 3 Juin, 1906, le Gouverncment est appele a mettie annuellement en vente ou en location. Quant aux terrains de Mandungu (Itimbiri), dont il est fait mention dans le post- scriptum de la lettre de votre Excellence, le Departement des Einances m'a fait savoir que ce tei'rain est toujours la propriete de la Baptist Missionary Society, et qu'il n'est pas a sa connaissance que I'Etat ait fait a cette Association les promesses de compen- sation ou de cession d'un a,utre terrain en echange. Je saisis, &c. (Signe) Cb. de CUVELIER. (Translation.) / M. le ?dinistre, Brussels, August 13, 1907. THE Government of the Congo State has carefully considered the note which your Excellency addressed to me on the 2Mh June last in support of the application of the Congo Balolo Mission and the Baptist Missionary Society, Avith a view to the purchase of sites, by the former at Mompono, and by the latter at Ubondo and Wailca. The application of the missions docs not state whether the land in question is private property; if it is, the missions can communicate with the owners with a view to the acquisition of the sites ; in this respect, the right of the missions to acquire landed property is guaranteed them hy Treaty, and the Government is not concerned with the lawful exercise of this right by the missions. If the land belongs to the State, the Government is not in a position to decide whether it should, in fact, assent to the sale of the said land until it has obtained the necessary information on the subject from the local Administration. Apart from this question, the reference Avhich your Excellency makes to the provisions of Articles V and A'T of the Berlin Act would lead one to suppose that the said provisions are interpreted by the missions as giving them a right to acquire any sites they may consider desirable. The Government of the State is unable to take this view. Article Y provides that foreigners shall enjoy, without distinction, in acquiring personal or real property, the same treatment and the same privileges as the subjects of the Congo State. Article VI lays down that the Powers shall protect, and shall assist without distinction of nationality or creed, all religious institutions and undertakings ; that Christian missionaries and their escort shall also be entitled to special protection ; lastly, that the free and i)ublic exercise of every religion, the right to erect religious buildings, and to organize missions belonging to any religion Avhatever shall be unrestricted and untrammelled. We should look in vain in these Articles, or, indeed, in the whole Berlin x-Vct, for any trace of a right accorded to missions of any sect to occupy, possess, or acquire land in any but the legal manner of so doing. The Berlin Act did not create in this respect any privileged position for the missions, and the terms " favoi'iseront ou protegeront les missions " in Article VI cannot be interpreted in the sense of giving them the right to compel the owners to cede or sell to them their property. They may freely exercise their right to purchase, subject to the assent of the seller, like any other individual, whether a subject of the Pree State or a foreigner. These points are still further brought out in the Protocols themselves of the Berlin Conference. Not only do these Acts not impose u\)on the Powers with jjossossions in the Congo Basin any obligation of the iund, but actually show that by employing the terms "favoriser" or "proteger," instead of the word ''aider," which was originally pi'oposed, the Powers intended to limit to its natural meauirig the duty Avhich they assumed in regai'd to missions. The protection due to missions, a duty the fulfilment of which rests with each Power in its own territory, is understood to entail the measures necessary for guaranteeing the person and property of missionaries, for insuring the free exercise of religion, even for according missionary establishments favourable treatment in regard, for instance, to fiscal charges, but such measures are for each Power interested to decide for itself. Belgian and foreign jurisconsults whose o])inion has been asked as to the bearing of the Berlin Act on this point have come to the same conclusions in the consulta- tions which they have held. If, M. le Ministre, the Government has thought it necessary to emphasize the disinterested and benevolent character of its policy toAvards the missions, more particularly in regard to the adjudication of land to the missionaries, it also has to observe that it has given proof of these sentiments in regard to the two missionary societies of wliich your Excellency s])oke to me. These missions do, in fact, possess numerous establisliments in the State. Those of the Congo Balolo Mission are situated at Banza-]joanga, Lulangn, Bongandanga, Bonginda, Ikau, and ]jeopoldville; tliose of the Baptist Missionary Society at Gombe Lutete, Kinshasa, Lukolela, Bolobo, Monsembi, Bopoto, JMondungu, Yakusu, Natadi, Tumba, and Yalemba. I may add that the sympathy ol" the Congo Government cannot be extended to all the Pi'otestant missions equally, as the agents of some of tliem have adopted in regard to tlic Chief of the State an attitude of opposition, which has assumed a most rep)-ehensible form and method of expi'cssion ; members of the two missions which are the sulyect of your Excellency's note have publicly alluded to the King-Sovereign as an " inhuman monster," a " devil incarnate," and have accused him of the most odious crimes. The Government cannot but ask itself whether persons animated by such sentiments are precisely those best qualified to inculcate in the natives the resj)ect they owe to established institutions while teaching them the precepts of Christian cliarity. I shall ask the local authorities to furnish their opinion and vicAvs as to the a])plication for land Avhich your Excellency has made on behalf of the two missions in question. It Aiould seem simi)ler, howcA'cr, if the missionaries desire to obtain fresh sites, that they shouhl acquire such sites in those lands which by tlie terms of the Decree of the 3r(l June, 190(1, the Government is l)oun(l annually to sell or let. With regard to the sites at Manduugu (Itimbiri), of which mention is made in the posts(n'ij)t of your Ex:cellen(^y's note, the iMnaneial De|)artinent has informed me that the said site is still tlie property of the Baptist Missionary Society, and that it is unaware that the State has promised to compensate the said Association or to cede to it any other site in exchange. 1 have, &c. (Signed) CIi, uio CUVELIER. No. 3. Sir Edward Greij to Sir A. Hardinge. Sir, Foreign Office, February 4, 1908. I SPIALL be glad if you will ascertain from M. de Ciivelier if he has received a reply from M. Droogmans on the subject of the sites available in the Congo Free State for mission stations. I am, &c. (Signed) E. GREY. No. 4. Consul Thesiger to Sir Edward Grey. — [Received February 17.) Sir, Boma, January 17, 1008. IN the " Mouvement Geographique " of the 22ud ultimo I noticed an unsigned letter bearing on the question of the introduction of money and the general payment of th'e natives in coin, in which the writer expresses surprise that the Missions, who are the most earnest advocates for the introduction of this system as a step towards reform, have not adopted it in all stations where they are in contact with the natiA-es As a good deal of stress appears to be laid on this jjoint both here and in Eelgium, 1 have the honour to point out various reasons why this course is im- possible for the Missions before further action is taken by the State in the same direction. In tlie first place the Administration, which refuses to accept any coinage but that of the State, has hitherto neglected to furnish an adequate supply of this coinage. So much so is this the case that even in the towns of the Lower Congo business houses have great difficulty in always obtaining sufficient specie for their needs, and in Matadi at this moment there is a serious money crisis arising out of this shortage, and the State has been obliged to authorize their ofiicials and the Railway Com2)any to accept 50 per cent, of all payments in Erench coinage, of which tliere is a plentiful supply in the neighbourhood of tlie Pool ; but even so, traders and others find a difficulty in obtaining the remaining portion in the Congo currency. Under these conditions it is obviously impossiljle for the Missions to introduce the payment of the natives in coin into the districts of the Upper Congo. On Stanley Pool the Missions have for years paid their workpeople and paid for produce in cash, whereas the State, which has so often expressed its anxiety to see the natives educated up to the point of understanding the use of money, and has for years asked the Missions to do all they could to introduce it into the country, has only lately followed suit, and now pays some of its workmen half in cash and half in cloth, but still refrains from paying for produce in money. Eurthermore, in most of the ujjper districts money under the j)rcsent regime is useless to the native. Althougii the State is anxious to obtain the personal tax in money from such natives as ai"e employed by the Missions, and so cannot su[)ply a tax in labour or in kind, it is in no way desirous of introducing the payment of this tax in coin as a general rule. The present system is too profital)le from the labour point of view, and too economical Avhen the tax is paid in food-stulVs at a fraction of their real value. I know on good authority of two cases where the native actually 6 brouglit the money aud offered it as payment of his tax and it was refused ])y the State, who insisted on his supplying the so-called equivalent iu produce. Thus, as- regards his indebtedness to the State, money to any but the i\Iission-emi)loyed native is useless. From the personal point of view, it would in too many cases be likewise Avorthless, as there are no magazines or stores where he could purchase cloth or goods. The power to introduce money and cash payments into the Upper Congo lies in the hands of the State alone, aud it is only when they have done their share of the work that the Missions can carry it on. Before any improvement can be effected the State must issue at least twice or three times the amount of the currency at present in circulation, aud give the native the possibility of purchasing what and wliere he will. As matters now stand, even at Leopoldville the small trader cannot compete Avith the State, owing to the heavy freights and the excessive taxation to which he is exposed, and furHier up country it would be absurd even to think of opening a store in districts wliere the native cannot pay in money and may not pay in ])roduce, since the only articles which could profitably be accepted by a trader in exchange for goods of any kind are the ])rivate property of the State or of a concessionary Company. The money question has a very imjjortant bearing on the condition of the native poj)ulntion and their relation to the Administration, and the State, while outwardly professing their anxiety to spread the use of coined money over the whole Congo, have neglected all steps wdiich w^ould render such a thing ])ossible. I have, &c. (Signed) WILFRED G. THESIGEE. No. 5. Vice-Conaul Micheli to Sir Edward Grey, — {Received February 17.) (Extract.) 4, Lansdon-n Place East, Balk, February 10, 1908. WITH reference to my despatch addressed to the late Consul-General Cromie,*' commenced at Stanleyville on the 15th Aucjust, 1907, aud continued at Ibembo on the 2:jrd September, 1907, and whicli I had the honour to transmit to you on the 23rd ultimo, I have the honour to inform you that I have been prevented by ill-health from concluding the same heretofore. I have, liowever, been able to make notes from time to time on the statements of the "Bulletin Officiel" on which I commented in that despatch, and I now beg to express to yourself my opinions on certain further points touched on by the Secretaires-Generaux of the Sovereign of the Congo State. The practical abandonment of the Avhole of tb.e Kwango province is merely referred to on page 14G as " the suppression with a view to economy of a certain number of posts." The State appears to consider that the increase of importations to be expected from " the nev/ organizations created in 1906 by the State, both for the prospecting- and working of mines and for the construction of railways," is sufficient com- l)ensation for the loss of revenue from these abandoned posts. Here again it is evident that the chief solicitude of the Government is for profit, and not just administration. Roads and Railways. — The " Bulletin " takes very lightly my account of the state of the roads iu the Province Oriental (page 217): "It is true that the state of the roads and bridges leaves something to be desired, but it seems as injust to find fault with the State for that as it would be unreasonable to hold the British Government responsible, for example, for the state of the roads in the Soudan." The diflei-ence is that the natives who live on the roads in the Soudan are not nearly crushed to dcatli with the upkeep of their roads, porterage, and entertainment of travellers, as they arc in the Congo. On l)age 156 is an absolutely incorrect statement : " At present tliere are no more than three great porterage routes — from Kasongo to Tanganika, from Buta to the Nile, from Pania, on the Kasai, to the Lualaba." No mention is made of the roads from Stanleyville to the Nile, vifk Avaku])i ; from Ponthierville to Avakubi, via Makalla, from Avakubi to Beni ; and the enormotis traffic by canoe on the Ariiwim.i. Much • See "Africa No. 1 (lOOS), No. 7." is made of the railways, the motor-ear road from Buta to Bambili, and tlie steamers ou tlie Rivers Congo (Lualaba), Aruwimi, Itimhiri, Kasai, &c. It cannot be too niueli em])]ia!sized that tlicse means of transport are not intended to ease the burden of porterage ( n the natives. I)ut to provide a cheap and paying means of getting at and carrying the chief riches of the country. It cannot l)c said that " they have in any way lightened the burdens of the people." The " Great Lakes Railway " to the south can have no more effect on the above-mentioned roads than the Brighton road has to do with Ireland. The steamers on the Upper Lualaba belong to the Railway Company ; were imported, built, and managed by them ; they carry the Railway Company's goods and the goods of the State; by an arrangement, but they are in no way open to the public. The only steamers on the Aruwimi are, (1) a little old boat which runs occasionally from Basoko to Yaml'uya, two days distant, and (2) a tiny steamer belonging to the Railway Company, which is sent from time to time from Stanleyville to Yambnya, via ]5asoko, to fetch lime for the use of the railway. The rest of the whole lengtli of the Aruwimi and Ituri and their continents, the Lulu and the Nepoko, is worked by the natives and their canoes. These rivers are full of rapids^ and cataracts, and are extremely dangerous, and lives and cargo are constantly lost. !No attempt has been made by the State to improve this state of affairs. A pilot, a young Swede, superintends the navigation of the Congo between Bertha Island near Romee, and Stanleyville, and has laid down buoys and charted that part of the stream. Captain Holmquist was emiiloyed for some months blowing up the rocks which obstructed the navigation of the Upper Lualaba near the Lowa. With these two exceptions, nothing whatever has been done, nor a penny spent by the State, on removing the dangers and difficulties of the Chopo, the Lindi, the Aruwimi, the Lomami, the Lulu, the Itimbiri, the Likati, the Ubangi, the Bonakandi, the Welle, tlie Rubi, or any other river in the State. On page 167 it is stated, '•' navigation charts have been prepared indicating the routes, sand-banks, rocks, and snags." Such charts as exist are in no way due to the State ; they have been made by chance i travellers and by captains of steamers on their own initiative. Not a single I navigating officer has received a copy of any properly-made chart ; they have to make !' their own tracings from any paper they can borrow from a friend. It will scarcely ;* be believed that the only chart jjossessed by the captain of the steamer navigating the Itimbiri is a tracing of an old and incorrect map made by a trader, of which one whole section is missing. This I know to be the case by personal experience. Postal and Telegraphic Service. — It would be supposed that the adhei-ence of the Congo to the Universal Postal Convention would imply that the rates of postage would be equal in both directions, but this is not the case. Postage to the Congo is 25 c. per half-ounce ; postage from the Congo to Europe is 50 c. per half- ounce. As for the parcel post, the cost is divided up in a strange manner. The postage is ostensibly 2 fr. 50 c. for 5 kilos. But a person sending a jiarcel from Europe to a friend on the Congo, and imagining that, having prepaid this postage, his correspondent will receive the parcel in due course, would be much mistaken. The addressee is notified that he will receive his parcel on payment of (1) 1 f r. for territorial tax ; (2) 10 f r. more for supplementary tax for the interior ; and (3) the duty chargeable on the contents. As for the telegraph, no reference is made to the fact that the lines extend no further than Coquilhatville, twelve days' distance from Stanley Palis. Taxation. — On this subject, on which I have already reported more than once, I will only say here : (1) The native is far from idle ; as a rule he is physically unable, and the climate and conditions of his existence unfit him, for sustained hard labour ; and (2) there is nothing ennobling in mere forced labour without profit or progress or prospect of advancement. It is stated ou p. 19G : " It is Avork which has prevented the natives from falling again into the violences of barbarism, the remembrance, and perhaps the regret, for which he has preserved. Idleness infallibly leads him back to it." And " To inculcate in the native the taste for work, a remuneration is granted to him in exchange for his contribution iir produce or in labour " (p. 197). It is difficult for those who have not seen it to realize the sordid poverty, the hard life, and the constant dangers, the severity of the climatic conditions, in which tlie native lives. He ov.ns no more than do the beasts of the forest. Hunting, fishing, and planting are dangerous and toilsome. Those who imagine that the Congolese has only to lie on his back and let the fruits drop into his mouth arc strangely mistaken. Considering all things, the native blacksmiths, basket-makers, Aveavers, woud-men, [524] C canoe-makers, net-makers, fisliermeii, hunters, &e., perform an astouisliiug amount of work in the most intelligent and skilful manner. The women, too, are constantly employed in tilling the ground (which the men clear of the l)ush), making pottery, preijarirsg food, &c. The native feels the climate as much as the white man, and is less able to resist the sun, the damp, the poisons and the fevers and other diseases in his naked, ill-fed, ill-protected and ignorant condition. These kill off 50 per cent, of the children, and another 25 per cent, before they reach manhood. In fact, none survive but the very jjick of the people, and the bodies of these bear the marks of the severe trials through which they have passed. Medicine and Hijyiene — The Administration has, it is true, made some attempt at a medical service, but the high-flown account in Chapter V is certainly misleading. To dignify by tlie name of hospitals the wretched booths in which tlie sick natives are huddled is on a jiar with the general tone of this Report. A brick building, withovit windows or doors, and large enough to accommodate about fifty patients, was nearly finished at Stanleyville when I left in September, 1907, but, of course, not yet habitable. The Office Vaccinog^ne at Stanleyville is a small house occasionally occupied by passing travellers, but at other times closed, ever since I arrived at Stanley- ville. I believe there is also a cow somewhere in the station. The Vaccination Officer is a respectable young man employed as a clerk in the Stanleyville railway station ; who was formerly a medical student, but did not complete his course. I do not know what vaccinations he may have performed on the left bank of the Congo, but I am not aware of any cases on the Stanleyville side. In any case, the name is all that exists of a vaccination centre. No. 6. Sir A. Hnrdincje to Sir Edward Grey. — {Received February 17.) (Extract.) Brussels. February 13, 1908. I HAVE the honour to report that I have had Uvo interviews Avith M. de Ciivelier since the receipt of your despatch of the 4th instant on the subject of sites for Missions in the Congo State. He has informed me that, in view of the impending annexation of the Congo State to Belgium, the Congo Government does not now intend to offer for sale any lands under the Decree of the 3rd Jime, 1906, its reasons being that it deems it inexpedient to modify during the discussion of the annexation question the statement of its assets and liabilities annexed to the Treaty of the 28th November. I told M. de Cuvelier verj^ plainly that you would not, in my belief, be satisfied with this answer ; that it was absurd to contend that the sale of a few acres in the Province t3rientale to British ]\Iissionar3f Societies, which had been pressing for them in the face of systematic obstruction for nearly foin- years, could be deemed a modification of the statement of assets and liabilities, since the Congo Government would have in cash a sum equal to the value of the properties sold, which, moreover, would be turned from waste to occupied and cultivated lands ; and that its attitude was equivalent to a confession of unfriendliness to British missionary work. M. de Cuvelier strongly deprecated any such interpretation, and wished me, in reporting this conversation to you, to say that he entirely repiidiatcd any want of symi^athy with our missionaries. I said these were more phrases which wore contradicted by the acts of the Congo Government. I must remind him that nearly two years ago he had received a very courteous letter from the General Secretary of the Baptist Missionary Society, requesting infonnation as to the mode of applying for new sites, to which, notwithstanding repeated reminders, no answer had been sent ; and I felt bound to say that the manner in which the Congo Government had dealt, and was dealing, with this whole question constituted, in my opinion, a practical disregard of our Treaty rights. He said that his jurists had been unanimous in advising him that the Berlin Act did not compel any State in the Conventional Basin to alienate lands to missionaries. I replied that I was not now talking of tlic Berlin Act, tliough the latter undoubtedly pledged its Signatories to assist Christian mission work in their African possessions within the Conventional liasin, but of the Anglo-Congolese Treaty of 1884, which secured to all British subjects the right of buying lands in the Congo State. If the Congo Government first declared itself the proprietor of the whole territory, and then refused to sell to an Englisliman a single acre of the land thus appropriated, it was nullifying nnd therefore violating Article II of our Ti'caty. M. de Cuveiier, wliilwt contendino- that the Treaty secured to British subjects the riglit of settling and buying proi^erty, but without creatiug any obligati(jn for the State to sell i(s domain lauds, observed that as a matter of fact it was only a question of waiting two or three months, by which time the question of annexation would prosunialdy have been solved, since this delay involved no (hingcr to tiic Protestant Missions, which, as the Appendices to the Treaty of Transfer showed, had oljtaiued numerous sites for their stations. I said we could none of ns say how much hmger annexation might be delayed, and ho promised, if events were to indicate that it was again to l)e postponed, that the Congo Govennuent wouM reconsider their decision not to olTer any State lands for sale. No. 7. Sir A. Hardimje to Sir Edward Greij. — {Received Fcbrmry 2-1-.) 8ir, Brussels, Fdrrunri/ 22, 190S. I HAVE the honour to transmit herewith, in continuation of my despatch of the lath instant, a c»py of M. de Cuvelicr's written reply, which I have just received, to mv latest inquiries respecting sites for British Missions in the " Province Orientale." I have, &c. (Signed) AUTHUR H. IIARDIXGE. Inclosurc in No. 7. M. de Cuveiier to Sir A. Hardinge. M. le Ministre, Bruxelles, le 21 Feurier, 1908. J'AI eu I'honneur de recevoir la lettre que votre Excellence a bien voulu ni'adresser, apres notre entretien du 11 eourant, pour nie demander, comme elle I'avait fait deji'i en cette entrevue, les intentions du Departcment des Finances au sujet de la mise en veute on en location de torres appartenant a I'Etat. Je n'ai pas perdu de vue, M. le Ministre, la correspondance que nous avons echangee les 21 .Tuin et 13 Aout, 1907, au sujet des demandcs de terres de deux Missions Anglaises, ni notre entretien du 28 Octobre, au cours duquel je vous ai informe que le Departement des Finances s'occupait de reunir les informations necessairc-s pour la determination des terres que le Gouverncment comptait mettre en adjudication publique. Mais aiusi que j'ai eu I'honneur, M. le Ministre, de I'exposer a votre Excellence le 11 dernier, le Gouverncment, en raison de la situation transitoire actuelle creee par le Traite de lieprise du 28 Novembre, ne proctide plus momentanement a des ventes de terres. Le Gouvernement, en effet, a precise, en ce Traite, actuellement depose au Pcirlement, les droits de propriete immohilievs concedes ;\ dps particuliers, Societes, ou Missions, et il considere qu'il ne luiappartient pas demoditief I'etat de choses ainsi iixe et acte. Cette decision, provisoire, est d'ordrc general et ne precede que de ces seules considerations. Comme j'ai ete amene a le dire a votre Excellence, le Gouverncment de I'Etat n'est mu, en cette circonstance, pas plus qu'eu aucune autre, par nul sentiment defavorable aux niissionnaires Protestants, encore qu'il en est parmi eux dont I'attitude :i I'egard de I'Etat du Congo n'est pas exempte de critique. Je saisis, &c. (Signe) DK CUVELIER. (Translation.) M. le Ministre, Brussels, Fehrunry 21, 1908. I HAVE liad the honour to receive the note which your Excellency was good enough to address to me after our interview on the 11th instant, to ask me, as your E]xcelleucy had already done during that interview, what were the intentions of' the Financial Department with regard to tlie sale or leasing of State lands. I have not forgotten, M. le Ministre, the correspondence which passed between us on the 21th June, and tlie 13(li August, 1907, on the subject of the desire of two British Missions to buy land, nor our interview on the 2Sth October, at wduch I [524] D 10 informed you that the Einancial Department was engaged in collecting the necessary information for deciding Mhat land the Government intended to put up to puhlic auction. But as I had the honour, M. le Ministre, to inform your Excellency on the 11th ultimo, the Government, on account of the provisional situation now existing in consequence of the Treaty of Cession of the 28th Novemher, is not for the time l)eiag selling land. The Government, in fact, has enumerated in that Treaty, now suhmitted to Parliament, the concessions in property made to private persons, Companies, or Missions, and is of opinion that it is unable to alter the state of things thus settled and duly recognized. This decision, which is merely provisional, is of a general kind, and has been taken from these considerations alone. As I have informed your Excellency, the Government of the State is not actuated in this case any more than in other cases bv ieolings of hostility to Protestant missionaries, although there are among them persons •whose attitude towards the Congo State is not above criticism. I have, &c. (Signed) de CUVELIER. No. 8. Sir Edward Grey to Sir A. Hardincje. Sir, Foreign Office, March 2, 1908. I HAVE received your despatch of the 13th ultimo on the subject of sites for Protestant missions in the Congo State. I approve the language used by you in your conversation with M, de Cuvelier, as rei)orted in that despatch. Yow should address a note to his Excellency, requesting the Congo Government to give an assurance in writing that, should annexation not be voted by Parliament before the end of May, they Avill Avithout further delay sell to British missionaries suitable sites in or near the localities indicated by them. I am, &e. (Signed) E. GREY. No. 9, Sir Edward Grey to Sir A. Harding e. Si,. Foreign Office, March 2, 1908. 1 TRANSMIT to you herewith copy of an order of the House of liOrds asking for further correspondence respecting the Independent State of the Congo, and other papers bearing on the grants and title-deeds of Companies in the P^'ree State. ; • I imderstand that practically all such documents of this nature as it is possible to puldish an' to l)(^ found in Annexes A, B, and C of the " Traite de Cession de I'Etat ludependant. du Congo" in "La Belgique,"* of which a copy was sent home by you in your despatch of the Gth December, 11)07. The only two Companies of which the ori'-inal grants do not appear to be comprised in this collection are those of the A.il.I.H. and the Societe Anversoise du Commerce au Congo, which have i^resumably beeu omitted owing to the hamling over to the State of the exploitation of their territories. 1 do not see that any oT tlie orignial grants recently laid before the Belgian Parliament contain any allusion to the power of enforc-ing labour from the natives, but this is no doubt l)('causc such power in those cases where it existed was conferred by direct adniinistrat.ive order under th(> Decree of the ISth November, 1!)0,3. I should be glad if you would Furnish nie with any observation you may have to offer on the matter. I an;, &c. (Signed) E. GREY. Copies will be foiiml in tlie Lil>rary of the House of Lords. 11 Inclosurc in No. ii. Address of tlie House of Lords, doled February 24, 1908. ORDERKD by the Lords Spiritunl and Teniporal in ParliamonI assendilcd, ilial au himiblo Address bo presented to His ^Iaj(-s1y, praying His !^^ajesly that he will be graciously pleased to order that there be laid before this House " Further correspondence respecting tlio Independent State of the Congo, and other papers, if any, bearing on the grants and title deeds of Companies in the Free Stale." No. 10. Sir A. Hardiruje to Sir Edivard Grey. — {Received March 9.) Sir, Brussels, March 4, 1 9(J8. T HAVE the honour to state, in reply to your despatch of the 2nd instant, that the inclosiu'es in my despatch of the 6th December last contain, as you conjecture, all the information available for publication on the subject of the grants and title- deeds of Companies in the Independent Congo State. The original Concessions of the A.B.I.R. and Anversoise Companies, a summary of which will be found on pp. 62 and 63 of Annex D to the Treaty of Cession* (Report on the situation of the Congo attached to the Annexation Bill of 1895), are anterior to the Decree of the 18th November, 1903, to which your despatch refers, and I think it very unlikely that copies of them, if they were obtainable for publication, would be found to contain any reference to forced labour, or to differ in this or in their other main features from the grants and Concessions j)ublished in Annex A. Nor have I any doubt that the explanation of this circumstance suggested in the last paragraph but one .of- your despatch is the correct one. 1 have, &c. (Signed) ARTHUR H. HARDINGE. No. 11. Sir A, Hardinge to Sir Edward Grey. — {Received March 17.) Sir, Brtissels, March IG, 190S. I HAVE the honour to transmit herewith, copy of the note which I liave addressed to the Congo Government on the subject of mission sites in the Independent State. I have, &c. (Signed) ARTHUR H. HARDINGE. Inclosure No. 11. Sir A. Hardinge to M. de Cuvelier. M. le Chevalier, Brussels, March 16, 1908. I DULY transmitted to His Majesty's Secretary of State for Foreign Affairs the note which you did me the honour to address to me on the 21st ultimo respecting sites for British Christian missions in the Independent Congo State, and I reported to him the verbal exchange of views which had taken place betAvoen us on this question. Sir Edward Grey has approved of the stress laid by me on the riglits to the acquisition of landed property in the Congo State guaranteed by it to British subjects, under_ Article II of the Convention of 1884, between Great Britain and the International Association of the Congo ; but, in view of the considerations set forth by you, he lias merely instructed me to require from the Congo Government a formal assurance that, if the Annexation Bill, now before the Belgian Parliament, is not passed before the close of its session in May next, that Government will, without furtlier delay, sell to the British Missionary Societies concerned sites in or near the localities Mhich they have indicated. * Copies will be fouud in the Library of the House of Lords. [524] ■ D 2 12 I should be grateful, M. le ChevaMor, for a reply at your earliest convenience to this note, to which I have the honour to annex a translation, and I avail, &c. (Signed) AliTHUIl II. HAIIDINGE. No. 12. Vice-Consul Armslroncj (o Consul Thesiger. — (Coiniiumicaled by Consul Theshjer, March £0.) (Extract.) LeopohJrillf, February 22, 1908. I HAVE the honour to transmit to you herewith an extract from a journal, being an account given by the Rev. A. Stonelake, of the Bai)tist Missionary Society, at Kinchasa, of the hardships cf the chikwanguc tax iu the Stanley Pool district. I also inclose you Mr. Stonelake's report of the interrogations to which he was subjected by the " Substitut " of the Procureur at Leopoldville. The same '• Substitut" asked me to call at his office some few days previously to his Aisit to Mr. Stonelake at Kiuchasa. ^^'hen 1 called upon him he said that he would like to interrogate me with reference to certain statements made by Mr. Stonelake which iippeared in the press (Inclosurc 1). I asked liim whether he wished to interrogate me iu the capacity of witness, to ■which he replied in the affirmative. I told him that he had no right whatever to do so. He said that personally he was not sure as to his right, and having consulted the Judge and the Procureur, the tbrmcr expressed the opinion that he had, whilst the latter stated that he did not know. I then asked him it he had received an order from the Governor-General to inter- rogate me, to which lie replied that he had not, adding that the matter had been received by his predecessor, and that as far as he knew there had only been an order given requesting ai> investigalion of the facts reported. I told him that I would not consent to be interrogated, but tliat if he so desired I would tell him what I knew of the affair, provided that if he used my evidence at all, he would give me assurances that the whole of my statement would be quoted if it were for use in the press. To this he agreed. I explained to him the reason why I requested him to state all I had to say and not extracts was because I was not there as stated in the letter. I explained to him how the discrepancy arose^which is amply reported in Mr. Stonelake's letter (Inclosure 2), and I added that as the porterage of chikwangue by uomen and children was of such common occurrence, and so well known to every one residing in the Stanley Pool district, I could arrive at no other conclusion than that the State would attempt to disprove Mr. Stonelake's and Mr. Howell's statements by their inaccuracy in reporting that I was present. He asked me if I knew who the gentleman was referred to in Mr. Stonelake's letter as " a missionary of a sister Society." I replied that 1 could not furnish him with the information, but I would advise him tliat unless he wished to be confronted with facts concerning the chikwangue lax and porterage which would reHect little credit on the sy.stem, to make no further attempt to ascertain who was the gentleman referred to. The discussion was carried on in the most friendly manner. Inclosure 1 in Xo. 12. Newspaper Extract. Rev. A. Stonelake's Evidence. — The Burden of Food Tax. THE Pcv. A. Stonelake, of the British Baptist Missionary Society at Kinchasa, Stanley Pool, Congo State, writing to a friend under date of the 29th August, 1<)07, says: — '• To get to the villages we had to ])ass tlirougli Leopoldville, the capital of this district. At the time I was iu company of tlie Ameiican Consul and English Vice- Consul and a missionary of a si.ster Society. As we were walking along the main thoroughfare a caravan passed us bringing in the usual kwanga (native bread) tax from a village tlirec days' journey away. We paused outside the house of a District Judge, whilst a dozen boy.s, varying from 5 to 8 years of age, passed us. There were also quite 13 as many women in the party, and in one loiii^' section of llie caravan we countcci only one man in the i^Toup. Jt is well known to Ije illegal for women and children of tender years lo carry this kwanga (native bread). Yet this happened right outside the lioiisc of the very oflicial appointed to see that the law is respected, and these oflicials would have the world believe that the statements of tlie missionaries are travesty of the truth, vile calumnies, &c. I have nothing to say against the officials at Leopoldville as men. They l;ave some 1,800 people to feed over tliere, and it keeps the people of the village perpetually occupied preparing the food, 'i'lic fault is with the head in Belgium, who seems to sleep neither day nor night in devising jjlans by wliich to enrich himself out of these people, and who yet absolutely refuses to import tiie food for their susienaiice. The sooner the system is altered the better. Indeed, I almost doubt whether the change -^vill not come too late.'' Inclosiu'e 2 in No. 12. Rev. A. Stonelalce to Jice-Conuul Armstrovcj. Dear Mr. Aviustroug, Kinrhasu, Stanleij Pool, February 10, 1908. THE Substitute came to see me this morning to interrogate me as to some state- ments which appeared in print, attributed to me. He gave me the option of going to Kinchasa, Leo, or being questioned in my own house. I preferred the latter. He brought a native with him, but I soon discovered that he was no good, and objected to speak through him. However, one of the clerks from the Gare came along, so it was arranged. I asked the favour of the presence of Mr. Longland, so that my Committee and colleague would not have to reply simply on my report of what trans- pired. This was granted ; indeed, the Substitute was kindness itself. Kirst, I was asked if I had sent anything to the journals at home re the kwanga tax at Leo. My reply was that I have never once sent to any journal any statement hearing on the political condition of the Congo. That I was never more surprised than when I saw something, attributed to me, in print. Did I possess a copy of what appeared ? — Yes. Would I let him take a copy ? — Yes. Then he extracted what I possessed, which appeared in the "'Daily News" on the 3rd October, 1907. Whilst copying it he remarked, "I see Mr. Howell acknow- ledges that it was a letter you sent him." Did Mr. Howell send you this report? — No, neither did he say he had used my letter in any way. Is this a reporter's account of the meeting? — In all probability. Yes. How did you receive the copy ? In a letter? — No, it came in a packet of news- paper cuttings sent by a relative. Do you know if it appeared in any otlier paper ? — This is the only copy I have seen or heard of. Do you admit the trutli of the statements contained therein ? — Such statements as I myself made which are therein reported, most certainly. What was the date and where the place Avhere you saw these things ? — Monday, the 19th August, 1907, in the main road of Leopoldville. We specially stopped ahr.ost outside your official residence, between that house and Dr. Eroden's, and saw what is attributed to me. Who were you with ? — I must politely refuse to answer. But you have sworn to tell the whole truth to the question put to you ? — And I am telling nothing but the tru:h. But I have assured you that what has appeared in print is the substance of a letter sent to Mr. Howell. Had I known it would be likely to appear in print T should probably have asked the consent of those who were with me to insert such. Therefore, I hold it is not right to expect me to divulge names without permission, seeing their names would not have been published in print with my approval without that permission having been first granted. But you already state that you were in the company of the English A^ice-Consul and American Consul and a colleague. Will you not definitely give me the names? — This question was asked me in various forms at different times. My reply was, " I desire to make a correction as to the English Vice-Consui." 'j hen I explained that I wrote American Consul and Vice -Consul, but there was no American Vice-Consul when Mr. Howell left Congo, so he probably tliought I referred to yourself. But I said [ must politely decline to be more explicit in giving names without their ])ermission, lest I incriminate or cause inconvenience to ot^er people. I wi^h to take the full and 14 sole responsibility— not for Mr. Howell's sijeech, but for what is correctly reported therein of my letter. Then T pointed out exactly what 1 acknowledged as mine. Did you or any of your companions speak to these boys.'' — No, I think not. Did you speak to any of tliem ? — Yes, I myself spoke to a woman and a man. Did they say where they came from ? — Yes ; that is what I asked them, and they said " Tampa." How do you know it is a three days' journey ? — One of my companions made the statement first, and I subse(juently confirmed it by inquiries, that it is three days on the road and the fourth day arriving at Leo. What companion said so ? — I politely decline to say. I make myself responsible- for the statement. Did they complaiu, the carriers ? — No, 1 asked no questions other than where they came from, which was merely a friendly way of greeting tliem. I am not in the habit of eliciting complaints from natives, and, indeed, discourage it. Describe the party you saw ? — -They seemed to me in thiee sections. The first part was composed of men, women, and children. The second all women and children, with only one man in the group. The third section I have no recollection of. The second section 1 noticed more particularly, because they were all women and children. I remarked upon Ihe fact to my companions, and one of them replied, " Yes, I only saw- one man in the group." Who was that companion? — I decline to say. Was the Chief present ? — 1 do not know him, and recognized no one as Chief. Do you know the name of the man and woman you spoke to ? — No, I do not know the name of a single person in the viliage. As I have said, I spoke to them more by way of giving a friendly greeting and quite without any thought of making any future use of their statement. After some further explanations re what I did admit writing, the proceedings closed, having lasted considerably over two hours. The only other thing I remember saying was that in my note book I entered at the time that there passed us at leiist a dozen boys and quite as many women. When he entered that fact he stated they were all under 8 years. No, I said, I do not say they were all under 8, but that some were. So an addendum had to be written embodying this qualification. He also made a note of the fact that I said I had seen the women and the boys actually carrying the kwanga. Yours sincerely, (Signed) ALFRED STONELAKE. No. 13. Sir A. Harding e to Sir Edward Grey, — (Received March 30.) Sir, Brussels, March 28, 1908. I HA\'E the honour to inclose herewith, with reference to my despatch of the 16th instant, copy of a note from M. de Cuvelier, embodying the Congo Govern ment's reply to my note respecting sites for Missions in the Congo State. I have, &c. (Signed) ATITHUR H. HARDINGE. Inclosure in No. 13. M. lie Cuvelier to Sir A. Hardinge. M. le Ministre, Bruxellcs, le 28 Mars, 1908. .]'AI I'honneur d'accuser a votre Excellence la reception de la^lettro qii'elle a bien vonlu m'adresser au sujet des intentions du Gouvernement de I'Etat Independant du Congo, en matiere do vente ou de location de terres domauiales, dans le cas oii le projet d'annexion actuellenicnt sonmis an Parlement Bclgo no serait pas adopto avant la cloture de sa Session au mois de Mai prochain. Au cours de nos entretiens anterieurs, lorsque votre Excellence envisageait rajournerncnt de la reprise, j'ai deja en I'occasion de constater spontancment qu'au cas 0^ semblable eventualite viendrait a so produirc, le Gouvernement du Congo, les circonstances actuelles se trouvaut des lora modifiees, aurait naturellement a examiner les iiiesures ;\ prLMuliv pour que les ]Jecrets chi 3 Juiii, 1900, prevoyant la rente ou la location de terres donianialcs, re^oivent lenv execution sans nouveau delai. Jo dois, M. le ^linistre, faire des reserves sur Tiuterpretatiou que donne votre lettre an Traite de 1884 entre la Grande-Bretagne et I'Association Internationale du Congo, dont I'Article II, en coiisacrant pour les sujets Britanniciues " le droit de sejouruer et de s'etablir " sur les territoires de I'Association, ainsi que "le droit d'y acheter et dc loner des terres, des edifices, des mines, et des forets," ue cree pas pour I'Etat Tobligation de vendre aux particnliers telles terres qu'il leur conviendrait de determiner. Je saisis, &c. (Sigue) Chevalier de CUVELIER. (Translation.) M. le Ministre, Brussels, March 28, 1908. I HAVE the honour to acknowledge the receipt of the note which your ExceUeucy was good enough to address to me on the subject of the intentions of the Government of the Independent State of tlie Congo in regard to the sale or lease of domain lands in the event of the Annexation Bill now before the Belgian Parliament not being passed before the close of the Session in May next In our previous interviews, when your Excellency contemplated the possibility of annexation being delayed, I gave a spontaneous assurance that, in such case, the Congo Government, the present circumstances being thenceforth modified, would of course have to examine the measures to be taken for giving effect to the Decrees of the 3rd Jime, 190G, dealing with the sale or lease of domain lands, without farther delay. I should, M. le Ministre, make reserves as to the intei-pretation given in your note of the Treaty of 1884 between Great Britain and the International Association of the Congo, of which Article II, allowing to British subjects "the right to dwell and to settle" in the territory of the Association as weU as "the right to purchase and lease lands, buildings, mines, and forests there," does not constitute an obligation on the State to sell to private persons any land which it may suit them to select. I have, &e. (Signed) Chevalier de CUVELIER. No. 14. Sir A. Hardinge to Sir Edward Grey. — {Received April 8.) Sir, Brussels, April 6, 1908. ? HAVE the honour to transmit herewith a copy of the reply which I have sent to M. de Cuvelier's note of the 2Sth ultimo on the subject of sites for British missions in the Congo State. I have, &c. (Signed) ARTHUR H. HARDINGE. Inclosure in No. 14. Sir A. Hardinge to M. de Cuvelier. M. le Chevalier, Brussels, April 4, 1008. I HAVE the honour to acknowledge the receipt of your note of the 28th idtinio respecting the sale of sites for British Christian missions in the Congo, and to add that I have forwarded a copy of it to His Majesty's Secretary of State for Foreign Affairs. Pending the receipt of Sir Edward Grey's further instructions, I will merely venture to observe, with reference to paragraph 2 of yoin- note, that I have not claimed that our Treaty bound the Congo State " to sell to private British subjects such lands as the latter might find it convenient to select." All I have maintained is that, inas- much as the Congo Government has appropriated the greater part of the lauds available for sale within its territories, its refusal, persisted in for several years past, to alienate any portion of such lauds to British Protestant Missionary Societies has, by making it impossible for the latter to use the rights secm-ed to them by Article II of the Treaty of 1884, practically nullified these rights as a direct result of the State's own action. I avail, &c. (Signed) ARTHUR H. HARDINGE. "^ &- s to 5 00 " 3 o o » 5' I-. o 13 o CO o 00 w i—i H p K PI a" B ^ o O O' O ro ■-J w w Q 13" t3 r+ O- CD m D O o <-»> 13 O n> o o 3 ^^ oq 3' o aq c ft AFRICA. No. 3 (1908). GORHESPONDENOE RESPECTING TEE TAXATION OF NATIVES, AND OTHER QUESTIONS, IN THE .CONGO STATE. Presented to holh Houses of ParUament by Command of His Majesty. June 1908. LONDON: PRINTED FOE HIS MAJESTY'S STATIONERY OFFICE, BY HARRISON AND SONS, ST. MARTIN'S LANE, PFlINTERS in ORDIXARY TO HIS J[AJESTY. And to be purchased, either directly or through any Bookseller, from WYMAN AND SONS, Ltd., Fktfer'Lank, E.G.; and 32, Abingdon Street, Westjiixster, S.W. ; or OLIVER AND BOYD, Tweeddale Coi.rt, Edinbuiigii ; or E. PONSONBY, 116, Grafton Street, Dublin. [Ccl. 4135.] Price i^d. LIST OF Px\PERS. No. 1. Sir Edward Gre.}' to Sir A. Hardiuge . . 2. Sir Edward Grey to Sir A. Ilarding-e . . One Inciosure. 3. Memorandum communicated liy the Belgian Minister Page March 5, 1908 1 March i>7. 2 April 25, 34 CoiTOSpondence respecting the Taxation of Natives, and other Questions, in the Congo State. No. 1. Sir Edward Grey to Sir A. Hurdbuje. Sir, Forei'in Office, March 5, 1908. THE Belgian Minister called here to-day and informed me that the recent debates in the House of T.ords and tlie House' of Commons, and the statements made by Lord Fitzmaurice and luyscU' on those occasions liad suggested certain observations to his Government, who had instructed him to point out to His Majesty's Government in a friendly way the impression made upon tliem, as well as the manner in which the present phase of the Congo question was viewi'd by the Belgian Govern- ment, and tlie manner in which they considered that question should he viewed in foreign countries. While recognizing the care with which Lord Eitzmaurice and subsequently I myself had expressed our anxiety not to arouse the susceptibilities of Belgium by direct interference in affairs which exclusively concerned tliat country, Count de Lalaing said that his (jovernment were bound to admit, not without regret, that our last statements on the subject differed from those we had made previously, and that we no longer seemed ready to leave them to consider at their discretion and in complete freedom of judgment the conditions of the annexation of the Congo. By rousing the national sentiment, always so liable in Belgium to become excited at anything resembling in any wd\ pressure from without, IHs Majesty's Government, without being aware of it, were running the risk of rendering increasingly difficult the task assumed by Belgium, and were running counter to the mIsIi loudly expressed by us on more than one occasion to see Belgium annex the Independent State. This departure fi'om the attitude of reserve to which His Majesty's Ministers had so rigorously adhered at the outset took place at a time when the Treaty, which was to efiect the annexation, was on the point of being submitted in its final shape to tlie Kepreseutatives of the nation. Count de Lalaing then proceeded to draw my attention to what the Belgian Government considered to be inaccuracies in the language used by Members of His Majesty's Government in speaking of the transfer of the Congo as only to be carried into effect on conditions .satisfactory to Great Britain. It was a matter of great importance, he said, that these inaccuracies should not be allowed to take root abroad. The Belgian Government had only concerned itself up to the present with negotiating the actual Treaty of Cession, which was to put an end to the existence of the Independent State in favour of Belgium. This was a question which could only be discussed between the Belgian and Congo Governments, and which could admit of no interference from without. That was the first factor in the annexation. The Belgian Government would then, in co-operation with the Chambers, elaborate the organic law of the future Colony, which would from that time be subject to Parlia- mentary control. This again, ho\A(!ver, was a question of internal sovereignty to be discussed between the Government and Chambers, and could not properly form the subject of criticism on the part of a foreign Power. Count de Lalaing went on to say that after the annexation of the Congo had become an accomplished fact, his Government intended to take over all the obligations devolving from the b'ree State as Avell as those contracted by Belgium herself in signing the Berlin and Brussels Acts. The special regime whicli those Acts set up in the Conventional basin of the Congo would, in fact, be binding upon Belgium in the same manner as it was on all those Powers who had possessions in the interior of that basin. The Belgian Government did not, however, admit that thev could be required [603] ' ^ B 2 to furnish further informatiou ou the decisions they might be led to adopt in this respect. Count de Lalaiug concluded liy saying that the Belgian Government and Parlia- ment Aver'e on the eve of assuming responsibility for decisions of greater importance than any AAith which Belgian statesmen had been confronted since the establislimeut of the Belgian State, and tliat those decisions would have to be arrived at with all due consideration. His Majesty's Government, whose frieiulship was highly valued by the Belgian Government, could not contest or doubt the correctness of the Belgian attitude, nor could they better facilitate the annexation of the Congo, of which tliey had always declared themselves ia favour, than by abstaining from any action which at this critical juncture might interfere with the complete liberty of action of the Belgian Government. I am, &c. (Signed) E. GREY. No. 2. Sir Edward Grey to Sir A. Hardinge. Sir, Foreign Office, March 27, 1908. AVITH reference to my despatch of the 5th instant, I have to inform you that His Majesty's Government consider it desirable, in view of the con- versations respecting the Congo question which I have had with the Belgian Minister, for them to offer some observations to explain what is their view of the Treaty oblioations of the Congo State, and wliat in their opinion is required to bring the administration of tlie State into harmony with these obligations. His Majesty's (Government have received with much satisfaction the assurances of the Belgian Government that they recognize that, after annexation, the territory of the Congo State will remain subject to tlie provisions of the Berlin and Brussels Acts. To these His Majesty's Government would add the provisions, so far as they are concerned, of the Anglo-Congolese Convention of 1884. His Majesty's Government have every confidence in the earnest desire of the Belgian Government to introduce thorough and far-reaching leforms into the present system of administration in the Congo, and tliey are therefore particularly anxious to maintain an attitude of strict forbearance, and to abstain from any act which n)ight be construed as interfering with the complete liberty of action of tiie lielgian Goverument in the future management of the internal afiairs of the Congo. His Majesty's Government fully recognize that the choice of the means l)y which the administration of the Congo may be brought into line by the IJirlin Act rests exclusively with Belgium. Nevertiieless, wliile disclaiming all idea of interference, His Majesty's Government feel that in fairness they should leave the Belgian Govern- ment in no doubt that in their opinion the existing administration of the Congo State has not fulfilled the objects for which the State was originally recognized, or the con- ditions of Treaties, and that changes are therefore required, whicii should etlect the following objects : — 1. Belief of the natives from excessive taxation. 2. 'Jlie grant to the natives of sufficient land to cnsine their ability to obtain not only the food they require, but also sufficient produce of the soil to enable tlieni to buy and sell as in other European Colonies. '.i. The possibilily for traders whatever their nationality may be to ac(|uire plots of land of reasonable dimensions in any part of the Congo for the erection of factories so as to enable them to establish direct trade relations with the natives. The accompanying Memorandum gives a rcsunui on the subject of taxation. It takes for its l)asis the conclusions of the Commission of Inquiry, as set out in their Report of the 3(jth October, lUO.j, dwells on the assurances given by the Secretaries- General in their Report to the King-Sovereign when submitting for His Majesty's ajjpnival the Keform Decrees of the .'5rd June, ]006, and finally compares those assurances with tiie actual operation of the new Decrees, as reported by His Majesty's Consular officers. A perusal of that document cannot fail to make it clear that, although cases of actual cruelty have largely ceased, tiie l)urden of taxation remains as oppressive as ever. It amounts, in fact, to a system of forced lii])onr dill'ering in name only from slavery, and cannot, in the opinion of His Majesty's Government, he reconciled witii Article VI of the Berlin Act. 3 As rojjards the second point, His l\rajesty's Government have learned witli some apprehension the intention ol' the Belgian Ciovernnient, as it ajjpears I'rom the Treaty of Annexation, to respect in their entirety the rights of the Concessionary Coin])anics. They assume that the entire " Doniaiiie Priv^," and tiie territory known as tlie " Domaine de la Couronne " will pass to the Belgian Government, and that the latter will he free in these territories to introduce whatever measures of reform they think necessary, not only for the piotection of the natives, hut lor ensuring the IVecdoni of trade — one of the objects for which the Act of Berlin was framed. If the Concessions are to ])e maintained, it will ])r()hal)ly be found more difiicult to introduce adequate changes into the system of administration, because the reforms to he introduced must necessarily ajjply throughout the State, the whole territory being equally subject to the provisions of the Berlin Act. The Concessionary Companies now cover, roughly speaking, three-fifths of the entire territory of the Congo State. The object of their Concessions is chiefly rubber, an article which represents on a yearly average 80 ])er cent, of the total exports of the country, and i?o long as the Concessions arc worked upon the same conditions as at ))resent, it is ditlicult to see how the complete freedom of trade, wliich is guaranteed under Article I of the Berlin Act, can possibly exist, for the condition of the native in those areas will be such as to preclude the possibility of his acquiring any material wealth beyond the minimum necessary for the bare support of life, since he will continue to be debarred from enjoyment of the fruits of the soil. Such conditions not only present an insuperable obstacle to any trade relations with the population of the larger portion of the Congo, but they fail to meet the requirements of Article VI of the Berlin Act, under which the Signatory Powers pledge themselves to provide for the improvement of the natives' moral and material well-being. Moreover, the areas which were formerly comprised in the Concessions of the A.B.I.lv. and Anversoise Companies must be treated as on the same footing as the areas in t'ne Concessions of the existing Companies. Althougli those Companies have ceased to exploit their Concessions themselves according to the Conventions between them and the State (Annexes 13 and 14 to the Treaty of Cession), the latter bind themselves to hand over the produce in rubber to the former at Antwerp at a fixed rate. The produce of these areas may therefore be said to be already disposed ol in advance. His Majesty's Government understand that, according to the Treaty of Cession the Belgian Government bind themselves to respect this arrangement, and they must therefore conclude that the condition of affairs within these areas will be similar to that in the other Concessions. With so large an area of the Congo State subject to the Concession system His Majesty's Government cannot help feeling that no real improvement will be effected in the state of affairs, unless there is a radical alteration of the economic system of the territory. His Majesty's Government can but repeat that they are well aware that it is outside their province to define the reforms that should be adopted in the Congo, but as they have good reason to believe that both Governments are, on this question, animated by the same spirit, they venture to suggest the following measures, as they believe that their adoption would effect a marked improvement in the conditions prevailing in tiie Congo. They trust that these suggestions will be welcomed by the Belgian Government in a friendly spirit and receive that measure of consideration which the gravity of the situation requiies. Taking the three points enumerated above in order, it appears to }Iis Majesty's Government that — 1. As regards the question of taxation in labour, the abuses to which the svstem has given rise have only been rendered possible by the absence of a proper standard of value. They believe, therefore, that the only sure and efficacious means of precluding the existence of sucli abuses in the future is the introduction of currency throughout the State at the earliest possible date. Both the Reports of the Commission of Inquiry and the experience of His Majesty's Consular olHcers agree in the conclusion that the native has learnt the use of money, and that currency would be welcomed by all classes, native and European alike. 2. Tiie natives in the concessionary areas should not be compelled, by either direct or indirect means, to render their labour to the Companies without remuneration. The introduction of currency should contribute greatly to the protection of the native against the illicit and excessive exactions on the part ol' private individuals. Such protection, 4 however, cannot be adequately secured unless the Isitter be compelled to pay the native in specie at a fair rate to be fixed hy law. 3. They would urge that a large increase should be made in the land allotted to the natives. In fixing the amount, due regard sliouid be had to the system of land tcnuro in vogue among them. From the reports which I have received from the British Consular officers, it would appear that individual property can scarcely be said to exist, while collective property would seeui to be the rule. The natives of the Congo are not precisely nomadic, and seldom migrate outside what may be called their triljal areas ; but as the rotation of crops and the use of manure are unknown, the yield decreases after three or four years' cultivation, and tlie natives are obliged to shift the site of their villages and clear and plant new lands. If allowance is to be made for these practices the allotment of land to the natives should be made on a liberal scale, and the natives should be allowed to keep for them,selves all the protlucts of their land, whether they are the result ot cultivation or not. In the opinion of His Majesty'^ Government the recommendations of the Commission of Inquiry on this point, to which practical etfect is being given under the Decree of the 3rd June, 1906, entitled "Terres Indigenes," are insufficient for this purpose. The joint effect of these three reforms would go far to ameliorate the condition of the natives in the Congo, but no such improvement can be looked for unless the introduc- tion of all three is obtained. Little benefit would result from any one of them standing alone. As already stated, His Majesty's Government merely submit these views for the friendly consideration of the Belgian Government, and if the latter have measures in view other than those above suggested His Majesty's Government would greatly appreciate any information which could be communicated to ihem on the subject. They would also be glad to receive an assurance from the Belgian Government that British missionaries, land settlers, and merchants will be able in the future to acquire plots of land in reasonable quantities in any i)art of the State, so as to secure to them the advantages that were intended by Article 2 of the Anglo-Congolese Agreement of the 10th December, 188 1. It had been the intention of His Majesty's Government to claim, in accordance with the rights guaranteed to them under Article XH of the lierliu Act, that an arbitration should take place to determine whether the land and trade systems now in force in the Congo Free State are consistent with the 1st and Vth Articles of tliat instrument, which enact that trade is to be free and monopolies to be prohibited. As His Majesty's Government have now every reason to hope that the Slate will be annexed in the near future by Belgium, tliey prefer to postpone any question of arbitra- tion, and to discuss the situation with the Belgian Government in a frank and friendly spirit. You should read this despatch to M. Davignon, and leave a copy with his Excellency if he desires it. I am, &c. (Signed) E. GREY. Inclosnre in No. 2. Memorandum respecting Taxation and Currency in the Congo Free State. General. THE first and foremost subject of complaint under Article VI of the Berlin Act are the abuses resulting from the system of taxation in labour. His Majesty's Government do not for a moment maintain that tlu; Treaty provisions of Article Yl give them the right to demand the inti-oduction of any particular system of taxation. They fully recogni/.i' that the ('ongo Government is at liberty to ado))t any system which, in their opinion, the circumstances may demand. But His Majesty's Govern nicnt must, uevortliolcss, contond that no system can 1)0 allowod to ojx'rate so as to intcrfon! with 'IVcaty o1)ligatioiis to tlie ]>roju(li(;c of the moral and material well-being of the natives. It will be ol" interest to note briefly how the present system has sprung up. Like all the other questions alTeetiui;- tlu^ Congo, that of taxation is intimately connected Avith the existence of the rubber monojxjlies. In fact, the j)rosperily of the latter are largely, if not entirely, dependent on the maintenance of the |)rcscnt system. Tlic native has been excluded from participating in any share in the benefits accruing from the systematic exjjloitation of the soil. It is, of course, obvious that that very exploitation over such vast areas as the " Doraaine de la Couronne," the " Domaine Prive," and the Concessionary Companies cannot possibly be effected without the assistance of native labour. No system of monopolies could possibly be effective without it. The manner in which this labour has been obtained evinces the same sjiirit which has characterized the commercial and financial policy of the State; from lSi)l onwards. Having l)y the partition of the soil and the general interdicts on trade of 1892 gradually deprived the native of all means of ac(|uiring material wealth, and restricted him to the smallest ])ossible area with the barest necessities of life, the State succeeded in arriving at a state of affairs in which labour was the only possible form of raising the taxes. Taxes in kind became impossible, for the prodvice of the soil w^as the property of the State and the Companies. Taxes in money became equally impossible, for apart from the desire, for obvious reasons, not to introduce specie, the circulation of coin in the given circumstances would have been impossible, seeing that the natives had no exchangeable values to trade in. Reduced to this condition, it Avas easy for the State to exact the labour it required for the exploitation of the land in the shape of taxation. In principle, of course, there is nothing wrong in taxation in labour any more than in any other particular form of taxation. It is of the abuses to which a tax in labour is liable to give rise, and whicli have actually arisen in the case of the Congo, that His Majesty's Government complain. Taxation in labour is an expedient to whicli His Majesty's Government, as wtII as other I'owers possessing Colonies in Africa, have on occasions resorted when no other form of taxation was possible. There is, hoAvever, this differenci; in the application of the principle, that in the case of the British Colonies taxation in labour has never been regarded as more than a provisional and tem|)orary expedient, to last only until such time as it might be possible to introduce a more satisfactory system. 'Now, in the case of the Congo the converse is the case. Eor over tw^enty years has the Congo State been in existence, and no attempt has been made to introduce specie except on the Lower Congo, Avhere there is no danger of interference with the great rubber monopoly. On the other hand, there is abundant proof to show^ that no efforts have been spared to render the only system of taxation possible, that of labour, and to perpetuate that system as long as possible. Currency is so indissolubly connected with taxation that, before proceeding to deal with the effects of the labour tax in force in the Congo, it will be of great service to examine carefully the attitude of the Congo Government in regard to the intro- duction of currency. The question of currencj' lies so much at the root of all the evils arising from the tax in labour that a clear understanding of this jioint w^ill assist very materially in rebutting the Congo Government's specious arguments on the subject of taxation. Currency. It is impossible to lay too much stress on the importance of the introduction of currency. There is probably no more potent means of putting a stop to tlie abuses in the Congo than the existence of a circulating medium in sufficient amount. It Avould, on the one hand, shield the native from the exorbitant exactions of the State, which the latter is only enabled to enforce in virtue of a system of taxation in labour; while, on the other, it would, if not entirely destroy, at any rate seriously diminish the enormous profits of the Trading Companies and of the State, in its capacity of a trader. The Commission of Inquiry in their Report (]). 150) said : — " Le commerce serait considerablement facilite par I'introduction, dans tout rfitat, de la monnaie qui, actuellement, n'est I'eellemeut utilisee que dans le Bas- Congo. Cette mesure est reclamee par les Agents de I'Etat, les factoriens, les missionnaires, et meme par les noirs qui ont ajipris a connaitre rargeut." The Secretaries-General, in reporting to the King-Sovereign on the recom- mendation of the Commission of Inquiry, said that since the foundation of the State the Government had sj^ared no efforts to set currency in circulation in the Congo. Money had passed rapidly into circulation among the population round the principal centres of the Lower Congo. In the Upper Congo, where the natives came less in direct contact with the white man, the State had experienced greater difficulties in effecting payments in curi'ency, and in certain centres such attempts had proved complete failures, Por some time past these efforts had heen renewed, and the Government, whei'e possihle, would continue to effect payment in specie, the only means hy which the Commission of Inquiry held that currency could pass into circvilation. The statements of the Secretaries-General are hardly home out hy the experience of Vice-Congo Michell when visiting the territory of tin; Lomami Company (proprietary) on the Upper Congo in February 1907. He reports in his despatcli of the 1st March, 1907, as follows : — " The territory exploited by the Lomami Company — a subsidiary undertaking of the ' Comite Special du Katanga,' and one of a group of Companies, including, I understand, the Kasai Trust and the ' Society Anonyme Beige,' financed by a Syndicate of Belgian hanks — differs from the Concessions granted to other Societies in being a freehold property. The Company holds, therefore, a unique position in the Congo State, being free to deal with its products as it thinks fit. As the State claims all the ivory, ruhher, minerals, and other riches as products of the soil, so the Company claims the same in its territory. The State, therefore, cannot demand the ivory and rubber of the Lomami in payment of taxes, hut exacts the labour of the natives. Up e alternative of the chain-gang, " This experiment is the more interesting as it is the only example of genuine free trade in this country. ATany say it will fail as the novelty wears off and as the natives' simple wants and fancies for European goods become satisfied. It remains to be seen whether tlie Company can k(;e]) up tlicir interest and stimulate new wants. At present tliey present themselves readily for porterage and oilier work in any number asked lor. " The iiroductiuii of rubljci- is also increasing rapidly. One post has risen to 2 tons (metric) during tiic month of February, and expects to make more this month. Most of the factories arc sending down urgent requests for more goods on account of the increase of business. " I regard the success of this now ox])criment as of the utmost importance to the Congo, both us demonstrating the possibility and the advantages of free trade, and as showing the lalseuess of the arguments liitherto urged by the State in favour of forced hibour." Ihe difficulty of introducing cunency in the Upper Congo, upon which the Secretaries-General laid so much stress, no doubt exists, but the reason of its existence is that the native,'bciiig depriv(>d of all excliangeable values owing to the monopoliza- tion of the land, money cannot pass into circulation, and in such circumstances th« native is, in fact, better off with a commodity, however small in value, that will satisfy a human Avant than if he Avere in possession cif coin. The Secretaries-General in their lleport briefly dismiss this all-important subject with these words : — "11 n'est evidemment pas an pouvoir du Gouvernement d'imposerauxparticuliers ou aux Societes I'emploi de I'argeut dans lours relations commerciales avee Ics indigenes ; mais il importerait qu'elles secondassent a cet egard les efforts de I'Etat." The force of this argument is far from clear. The Secretaries-General, nevertheless, recommended that 1,000,000 fr. should be struck and sent out to the Congo. The Decree, intitled " Erappe et Monnaie," provid- ing for this nieasur(>, received the Royal sanction on the 3rd June, 190(5. It should be sufficient evidence of the reluctance of the Government to introduce currency to mention the fact that up to the present time (January 1908) only 35,000 fr. have been struck, Avhieh it is proposed to set in circulation in the Katanga, that is to say, in that portion of the State where currency is the least likely to interfere with the profits on the rubber monopolies. This remark applies equally to the Lower Congo. Of all the Reform Decrees the Decree " Trappe et Monnaie " Avas the one Avhick <;ould have been carried into effect Avith least difficulty and least delay. Surely, if the Congo Government had l)een in real earnest, they Avould have taken some steps to coin the money and send it out. Nearly tAvo years have noAV elapsed since the publication of the Decree, and practically nothing has been done. It is instructive to observe the spirit in Avhich this Decree has been interpreted by "Vice-Governor Lantonnois in his general instructions of the 8th September, 1900. He savs : — " Ce serait, d'ailleurs, anticiper sur les eA-enements que de decreter d'autorite I'emploi de la monnaie dans tout I'Etat. Le Gouvernement ne veut etablir ce regime que par otapes prudeiites et seulement chez les populations oil il pourra lepondre a un besoiu ou a une utilite." As regards the sufficiency of the 1,000,000 fr. provided foi- under tlie new Decree, and the manner in which the promises of the Secretaries-General are being carried out, the folloAving extract from a despatch from Consul Thesiger furnishes some instructive reading : — " In the ' Mouvement Geographique ' of the 22nd ultimo I noticed an unsigned letter bearing ou the question of the introduction of money and the gencn-al payment of the natives in coin, in Avhich the Avriter expresses surprise that the Missions, Avho are the most earnest advocates for the introduction of this system as a step toAvards reform, have not adopted it in all stations Avhere they are in contact Avith the natives. " As a good deal of stress appears to be laid on this point both here and in Belgium, I have the honour to point out various rocisons Avhy this couise is impossible for the Missions before further action is taken by the State in the same direction. " In the first place the Administration, Avhich refuses to accept any coina<:e but that of the State, has hitherto neglected to furnish an adequate supply of this coinage. So much so is this the case that, even in the towns of the LoAver"^ Congo, business houses have great difficulty in always obtaining sufficient specie for their needs, and in Matadi at this moment there is a serious money crisis arising out of this shortage, and the State has been obliged to authorize their officials and the Railway Coranauv to [603] • * accept 50 per cent, of all payments in Trencli coinage, of wliich there is a plentiful supply in the neiglibourliood of the Pool ; hut, even so, traders and others find a difficulty in obtaining the remaining portion in the Congo currency. Under these conditions, it is obviously impossible for the Missions to introduce the payment of the natives in coin into the districts of the XTp2)er Congo. " On Stanley Pool the Missions have for years paid their workpeople and paid for produce in cash, -whereas the State, Avhich has so often exioressed its anxiety to see the native educated up to the point of understanding the use of money, and has for years^ asked the Missions to do all they could to introduce it into the country, has only lately followed suit, and now pays some of their Avorkmen half in cash and half in cloth, but still refrains from paying for produce in money. " Furthermore, in most of the uppei' districts, money, nuder the present regime, is useless to the native. Although the State is anxious to obtain the personal tax in money from such natives as are employed by the ^tissions, and so cannot supply a tax in labour or in kind, it is in no Avay desirous of inti'oducing the payment of this tax in coin as a general rule. The present system is too profital)le from the labour point of view and too economical when the tax is paid in food-stuffs at a fraction of their real Aalue. I know on good authority of two eases where the native actually brought the- money and offered it as payment of his tax, and it Avas refused by the State, who insisted on his supplying the so-called equivalent in produce. Thus, as regards his- indebtedness to the State, money to any but the Mission-emjiloyed native is useless. From the personal point of view it would in too many cases be likewise worthless, as- there are no magazines or stores Avhere he could purchase cloth or goods. " The power to introduce money and cash payments into the Upper Congo lies in the hands of the State alone, and it is only Avhen they have done their share of the work that the Missions can carry it on. " Before any improvement can be effected the State must issue at least twice or three times the amount of the currency at present in circulation, and give the natiA'^e the possibility of purchasing AAhat and where he Avill. As matters noA\^ stand, even at Leopoldville, the small trader cannot compete Avith the State OAving to the heavy freights and the excessive taxation to Avliich he is -exposed, and further up country it Avould be absurd even to think of opening a store in districts where the native cannot pay in money and may not pay in produce, since the only articles Avhich could profitably be accepted by a trader in exchange for goods of any kind are the private property of the State or of a Concessionary Company. " The money question has a very important bearino: on the condition of the nativt^ population and their relation to the Administration, and the State, Avhile outwardly professing their anxiety to spread the use of coined money over the Avhole Congo, have neglected all steps Avhich Avould render such a thing possible." Vice-Consul Michell says in his Picport on the trade in Stanley F'nlls district during 1906 :— " Until the State introduces the tiso of money no amelioration can be expected. This it is not likely to do, as it makes an enormous proiit on taxation in kind." Mr. Yice-Consul Beak says in his Ptcport on his tour of the Katanga district, 6th September, 15)07 :— " A money currency has not yet been introduced, although I cannot but emphasize in this particular the lieport of the Comniission d'Enqueto that ' cette mesure est reclamee paries Agents de I'Ktat, lesfactoriens, les missioiinairos, ctniOmeiJar les noirs qui ont appris a connaitre rargout.' Owing to the abscMiee of money and the absence of factories, the native does not really get Avhat he is alleged to receive." Vice-Consul Armstrong says in his despatch of the 2nd August, 1907 : — " The fact that the new law provides for a system of taxation upon a monetary basis is of no value until a fair price is placed upon the rubber. Thero is no mcjney in the Congo rubber-bearing districts." Mr. Armstrong says in his despatch of the 18th December, 1907 : — "The natives of the Stanley Pool district inhabiting the banks of the Congo Eiver above Leopoldville and Kincliasa, extending over a distance of some T-jO miles, have been refused the alteruativo of paying their tax in money. Similar conditions prevail <) in other p;u'(s of tliis district belcw I.oopoldville. The payment of the tax in money is the only means the native lias of purchasing' his freedoni and procurinij for himself the ■\aluc of tlu> produce which ho now gives to the State." Taxation. After examining the attitude of the Congo Government on the subject of curi'cncy ■one cannot fail to be im])ressed with one salient fact, namely, a fixed determination to dispense with a proper standard of value, which alone can insure the perpetuation of the system of forced labour Avith all its profits to the State or the Companies." lieariug in miiid one dominant fact, we can now proceed with the inquiry into the question of taxation. The Commission of Inquiry in their Report began by saying that the greater part of the criticisms levelled against the State more or less touched upon the question of taxation, more especially taxation in labour, the only tax which burdened the native. This question was without doubt the most important and the most complex, and, in their opinion, on the solution of tliis problem depended the solution of almost all the rest. They then proceeded to examine, first, the principle of taxation in labour, and, ■secondly, its effects when put into practice. As regards the principle, they felt justified in defending the system of taxation in labour on the following grounds : They held that as the development of the country could only be effected with the assistance of native labour, and the wants of the native being easily satisfied he would, if he could, pass his existence in absolute leisure. As there Avere practically no inducements for the native to work, there was not only ample justification for the State policy, but, in their opinion, the State had acted wisely in making use of the only legal means of making work obligatory on the native population, viz., the levy of taxes in labour : — • " C'est precisemeat en consideration de la necessite d'assurer a I'Etat le concours indispensable de la main-d'ajuvre indigene qu'un impot en travail est justifie au Congo. Cet impot, en outre, remplace, vis-a-vis de ces populations, la contrainte •qui, dans les pays civilises, est exercee par les nccessites memes de la vie." Again : — " L'impot en travail est d'ailleurs I'unique impot possible actncllement au Congo, car I'indigene, en regie generale, ne possede rien au dela de sa liutte, de ses armes, et de quelques plantations strictement necessaires a sa subsistauce. Un impot ayant pour base la richesse n'y serait pas possible. Si done on reconuait a I'fitat du Congo comme a tout autre Etat ie droit de demander a ses populations les ressources necessaires a son existence et a son developpement, il faut evidemment lui reconuaitre le droit de leur reclamer la soule chose que ces populations puissent donner, c'est-a-dire, line certaine somme de travail." His Majesty's Government will not attempt to deny that the resources of the Congo cannot be developed without native labour, but they do assert that this labour need not necessarily be exacted by the State in the shape of taxation. Assuming that specie can be put into circulation, if the tax is assessed and payable in specie, does it not follow, especially in the circumstances described by the Commission, that the natives would have to work to get the money to pay th*e taxes ? Unless the expression "certaine somme de travail " used by the Commissioners is to be taken to mean that because the native is reluctant to work of his own free will the State is justified in exacting from him in the shape of taxation in labour a sacrifice out of all proportion to ^hat would be justifiable if they were assessed in specie, His Majesty's Government fail to see the force of the Commissioners' argu- ment, for, as already stated, the native would still have to render the " certaine somme de ti'avail " in order to get the money to pay the tax. That such an arbitrary })ower of exacting labour from the natives should be vested in the State was clearly not what the Commissioners contemplated, for they go on to say : — " Certes I'impdfc en traA-ail, conjme tout imput, ne doit absorber qu'une faibh? partie de I'activite individuelle ; il doit servir uniquement aux besoins du Gouverne- [003j C 2 10 ment, etre on rapports avec Ics bicnfaits que les contribuahles memes en rctirent ; il doit enfin ]iouvoir se concilier, autant que possible, ainsi que nous Ic proposerons, avec le principe de la liberty individuelle, mais dans ces limites nous ne croyons pas qu'il puisse etre critique. "D'autre part, I'oblicjation du travail, si elle n'cst pas excessive et si elle est appliquee d'une mani^re equitable et paternelle, en evitant autant que possible, aiusi que nous exposorons ci-apres, I'emijloi des moyens violcnts, aura le grand avantag'e d'etre un des agents les plus etRcaces de civilisation et de transformation de la popula- tion indigene." The words of the Commissioners must therefore be taken to be a justification of the principle of taxation in labour when exercised witliin certain limits and no more. His ]\[ajesty's Government have no objections to urge against the vicAVS of the Com- missioners as thus understood. They will go as far as to maintain that if the principle of taxation in labour is applied with moderation, and every precaution taken against tlie abuses to which such a system is liable, its application is as unexception- able as any other form of taxation ; indeed, in certaui circumstances, it may be resorted to with mutual advantage to tlie State and the taxpayer. But it is precisely these limits which constitute the crux of the matter. We shall presently see how far the taxation in labovu' iu force in the Congo State has been, and is, kejit witliin the limits in which alone the Commission of Inquiry hold such a system to be justified. It will at first, however, be necessary to take some account of the legislation on the subject of taxation. In the first year of the State's existence the Government Agents often stationed in unexplored and isolated parts of the country were allowed to requisition from the Batives the necessary means of subsistence. The Decree of the 6th October provided for the contribution by the Chief recognized by the State. A Decree of tlie 28th Xovember, 1893, empowered the Commander-in-chief of the State forces in the Manyema to raise some of the means necessary to cover the extraordinary expenses occasioned by the suppression of the Arab revolt, and determines the nature and the amount of the contributions to be furnished by each locality or native Chief. Article 7 of the Decree of the 30th October, 1892, imposes on the natives gathering rubber in the territories above Stanley Pool ojjen to trade a tax in kind, the amount of which was to be determined by the Governor-General, but in no case exceeding one-fifth of the amount gathered. A further Decree of the 5th December, which was not published in the " Bulletin Officiel," empowered the Secretary of State " de prendre toutes les mesures qu'il jugera utiles ou necessaires pour assurer la misc en exploitation des biens du Domaine Prive." For a long time these enactments were considered sufficient to enable thsr Administration to exact from tiie natives contributions in labour, and to delegate that right to the Companies, without, however, ever determining the nature and the amount of such contributions, nor in anv way limiting the amount of force to he cm.ployed in compelling the natives to pay the tax. 'VVhen, however, in the cases of the Congo Goveniment v. Kasfessa, the 29th August, 1899, and Congo Government V. Noketo and Olenibo, the Court of Apj)cal at Boma gave judgment to the effect that, in the existing state of the law, no one liad the right to compel the nativ(>s to work, the State saw the need of regularizing the position. The Decree of tlic 18th November, 1903, was issued, and this is the law Avhich has remained in force until the IJefurm Decree of 190(5 amended and amplified it. Until latterly the levy of the taxes was more or less left to the discretion of the State or Company agents. Each " chef de poste " or "de factorcrie " demanded of llie native, without inquiring too closely upon wliat authority, the most varied contributions in labour and iu kind to meet tlie i-cquirements of his particular case. In later years the amount of contributions was fixed by the " Commissairo de District," to whom great latitude Avas given, Avith tiic result that the assessments varied greatly according to local circumstances. Thus the amount of rubber demanded in "the Monga'la district Avas 9 kilog. in the A.H. [.1\. (), iu the Eastern Provinces from 2 1, Avhile in Lower Congo no taxes at all Avere levied. As the agents thus enjoyed complete discretionary ])0Aver, the natives were in some cases treated Avitli leniency, Avliilst in others the demands made ui)on them Averc altogether excessive. In the " Domaine Prive ".this abuse Avas greatly stimulated by the fact that the Government agents had a direct interest in the yield, for tlu^y received 11 liomisos in proportion to tlic amount of rubber collected. These bonuses were abolished some fourteen years a;j;o. The Decree of the 18th November, 31)02, equalized (on paper) the taxes to be paid throu!>hout the country. Every adult and able-ljoilicd native was to render a certain amovuit of labour to the State in the shape of taxation. The labour Avas to be remunerated, and was not to exceed forty hours a-month. Notlu'nii; couhl I)e more equitable than the ]n"ovisions of this Decree as they read on paper, and no possible exception could be taken to tlie principle on which the_y are founded. But, and here is the gist of the whole matter, the " Commissairos do District" were empowered under the Deci'ce to draw \\\) so-caUed " lists of equivalents," showing the amount of ))roduce which, in their discretion, was the equivalent of forty hours' lal)our. It is true that in assessing the amount the " Commissaircs " were enjoined to have due regard to local circumstances, such as the richness of the forest, the distance to be traversed, the nature cf the products, &c. They wei'c empowered by Article 31 to insist on payment in kind instead of in labour to the amount fixed on the list. Article 51 empowers the autiiorities, in cases of refusal on the part of the natives to pay the taxes, and, in default of property which can be conliscated, to resort to forced labour. As regards the actual operation of the law, it Avill be well to quote the words of tbe Commission of Inquiry : — ■ " Lors de rinspcction do la Commission, la loi n'etait appliquee que dans quelques districts. " Le Decret fixe a quarantc heures par mois le travail que chaque indigene doit a I'Etat. Ce temps, considere comme maximum, u'est certes pas exagere, siirtout si I'on tient compte clu fait que le travail doit etre remunere ; mais comme dans I'immense majorite dcs eas, par application des Articles 31 et 31, ce n'est pas precisement le travail qui est reclame a riudig(>ne, mais bien une quantite de produits equivalente a quarante heures de travail, le criterium du temps disparait en realite et est remplace par une equation etablie par les Commissaires de District d'apres des raethodes diverses. Tautot, on a tente de calculer le temps moyen necessaire pour obtenir certain produit, par exemple, le kilogramme de caoutchouc on de chikwangue ; tantot, on s'est borne a fixer la A'aleur de riieurc de travail en prenant pour base le taux des salaires locaux ; on a multiplie ce chiffre par quarantc et Ton a cxige des indigenes la fourniture d'un produit d'une valeur equivalente a la somme ainsi obtenue. " Le premier de ces calculs repose sur des appreciations arbitraires ; le second donne des rcsultats qui peuvent varier a I'iutiui, selon revaluation du produit ou de la maiu-d'«uvre." A Circular of the 29th February, 1901, addressed to the " Commissaires do District," ordered them to see that the results of the previous years' taxation should not only be maintained, but progressively improved upon. The Secretaries-General, in their Ueport to the King-Sovereign, agreed with the Commission of Inquiry that the question of taxation was without doubt the most important, and that on the solution of this problem depended the solution of nearly all the rest. The Decree of the 18th November, 1903, they said, subjected the natives to compulsory laboui-, and this tax was justitied by the Report of the Commission of Inquiry. There were other Legislatures aaIio taxed the natives in specie, and theoretically there could be no difference of opinion as to the advantages of such a form of taxation. Eut in ])ractice, and in the actual state of affairs in the Congo, where nearly the entire native population possessed no specie, to substitute a tax in money for a tax in labour bad only the appearance of a raoditication in the law. If the law were to take as a basis of taxation a sum of money, it must, since it is demanding of the native what he does not possess, leave the latter the alternative of paying the tax in kind or in labour. This alternative was in the actual circumstances not an alternative at all, inasmuch as the native not possessing specie must of necessity avail himself of the right to pay the tax in kind or labour. The system of taxation in specie, and the system enforced under the Decree of 1903, must both ultimately result in the present and gen(n'al system, that is, to exact from the native labour of some kind. The possibility, however, that certain classes of 12 taxpayprs ■n"oul(l be al)le to acquit themselves of the tax in money had been sufficiently established to justify the la^ in sanctioning the livinciple. This argument is of courf:e extremely plausible. His Majesty's Government can have no objections to urge against the views thus expressed by the Secretaries-General, which must of necessity apply to every country in the earlier stages of its development. As already stated, taxation in labour and in kind has l)een resorted to by prol)ably every European Power possessing Colonies in Africa. But such a form of taxation is only justifiable as a temporary or provisional measure until such time as the introduc- tion of currency has become possible. The Secretaries-General said the native in the Congo had no specie. True, but why has he no specie ? Because, as already explained, during tlie twenty-three years that the Congo State has been in existence 310 serious attempt, in spite of all assertions to the contrary, has ever been made by the State to introduce currency on a sufficiently large scale. In every other European ■Colony in Africa has the native come to learn the practical value of a niedium of •exchange. What are the reasons that the Congo State should stand in an exceptional position in this respect ? They are unfortunately obvious enough. The truth is that it is precisely ow^ing to the absence of a proper standard of value that the Congo Government and the Concessionary Companies have been able to abuse the system of taxation in labour, and realize enormous profits out of the incessant labour wrung from the population in the guise of taxation. In the new Decree which the Secretaries-General were submitting for His Majesty's approval certain modifications of the Decree of the 18th November, ] 903, had been effected in accordance with the recommendations of the Commission of Inquiry, dealing more especially with — .3. The amount of the tax. -2. Its assessment (" fixite"). In deference to the wishes of the Co)umission of Inquiry, " de regler le taux de I'impot d'apres les conditions des differentes peuplades indigenes en tenant compte de leurs aptitudes au travail," the Decree did not make uniform the amount of the tax for all the territories of the State. Article 2, section 2, provided that the Goveraor- General should fix the amount of the tax proportionately to the resources of the A'arious regions and populations, and according to the degree of the development of the natives. The decree laid down that the amount of the tax could not be less than (5 fr. nor more than 24 fr. The Secretaries-General then significantly observed that the payment of the taxes in money would for a long time remain the exception, because the native, as a rale, possessed nothing beyond liis hut, his arms, and a few plantations. Precisely so. The native has been systematically deprived of his interests in the soil, and thereby of his power to acquire wealth. He has, therefore, no exchangeable values to barter against money. There is, however, another reason, to which the Secretaries-General, of course, do not allude, Avhich will comjjel the native to pay tlie tax in labour and not in money, and that is, as we have already seen, the determination of the Government to postpone as long as possible the introduction of currency. In such circumstances the Secretaries-Geneiai may justly observe :- *'En pratique, par la force meme des choses, I'impot sera generalement paye en produits on en travail." " La force memo des choses " being, in fact, the indirect compulsion exercised by the State. Therefore Article 2 bis provides : — "Les indigenes peuvent s'acquitter de I'impot soit en produits, soit en travail." The law, they said, could not itself lay down the equivalents of cither kind of labour in terms "of money; that must necessarily vary according to the different regions. Eoreign legislative enactments which had been consulted equally did not fix the equivalents. i'oUowing those examples, the Decree left that duty to the liigher local administrative authorities— to the " Commissaires de District." Then they went on to remark that it was absolutely essential that the valuation should be so fixed (as recommended by the Commission of Inquiry) as to pre<;lude all arbi- trariness, and to fix in a definite manner the amount ])ayable by each taxpayer. Directions would be given to tlie Governor-General that, while acting under the powers conferred upon him, he should take every precaution to attain that end. The 13 latest reports from tlio Coiii^o sliowcd that steps had been taken to fix (he equivalent on a just and equitable basis. The tav payable being thus definitely fixed, it woul 1 become impossible to impose excessive taxation on the natives. For this to hap[)i'u it would be necessary to ix-gister ihc native on the lists lor a sum in moncj'^ or its equivaleut in excess of the sum legally due from him. Such an hypothesis was inconceivable, since tlie lists, beiug submitted to the Governor-General, would not receive his sanction unless they were strictly in aeeordauce with legality. If any agent chaiged Avith tlie collection of the tax were to exact from the native more than the amount fixed on the rolls, ho Avoukl he punislial)le under Article G'.i of the Decree for such an al)use of power. It is scarcely necessary to observe that these tables of equivalents, unless drawn up in accordance with some pro])er standard of value, afford no guarantee wliatsoever against excessive demands on tbe part of the State. If the value assigned to any particular product has been fixed without i-efcrence to the time, labour, skill, sacrifice, and the other numerous constituents whicli in a country where the laws of supply and demand are allowed free play go to n\ake up values, then such a system must always be liable to abuse at the hands of those empowered to fix the valuation. It is instructive to note the interpretation which Vice-Governor Lantonnois has placed on the ^^ecretaries-General's reassuring utterances in his instructions to the local authorities of the Sth September, 1906. He says : — " L'iudigene qui rcmet a I'Etat des produits domaniaux ne fouruit, en cfiet, a celui-ci que la valeur de sa main-d'a3"avi"e, puisque le produit appartieut a I'Etat. Vous devrez done evaluer d'abord le nombre d'heures de travail neeessaires pour recolter uue certaine quantite de jiroduits, un kilogramme, par exemple, puis la remuneration due pour ce travail d'apres les salaires locaux. Cette remuneration se calculera do la memo mani^re que sous le regime anterieur et en tenant compte du memo tanx de salaires, mais elle devra desormais etre exprimee en numeraire sur ces tableaux d'equivalenees." Before proceeding to examine any particular form of taxation in labour, and the manner in which the Congo Government have succeeded in continuing the former abuses in spite of the assurances of the Secretaries-General, some explanation seems required of the system under which the native receives remuneration for the taxes i^aid hy him. Remimeralion to Natives for Taxes levied. The system of remuneration for taxes levied appears to be peculiar to the Cono-c State. ^ Tlie first signs of the introduction of this system is to be found in the Government instructions wbieh appeared in the " Bulletin Officiel " in 1890. These instructions laid down that remuneration (a notion not readily reconcilable witii the idea of a tax) was to be given to the natives for their labour, which should be not less in value than the labour rendered. A tariff was to be drawn up by the " Commissaircs de District "' and approved by the " Gouverneur-General.^' The only tariffs approved by the Governor-General, said the Commission of Inquiry, fixed' the maximum Avhich the "Commissaircs de District " were authorized to -^-xj, but did not stale tke minimum. Hence it came that the natives were often given insufficient remuneration, and sometimes they were paid goods of no value at all. In their Keport to the King-Sovereign the Secretaries-General said that tiie remuneration granted by the State for taxes levied • in kind was an act of pure condescension. It was to be maintained with that character. The Comniission"of Inquiry iiad justly observed tliat the remuneration served as an ell'ective encourao-e- ment to lobour. The amount of this remuneration \\ as not left to the discretion^of the tax-gatherer ; it was fixed by higher authority, and the amount inscribed on the rolls for each taxpayer. Besides, the necessary steps Avore beiu- taken to multiply the State stores, where the native would be at liberty to choose the" articles he requires up to the amount due to him as remuneration. It must be observed that, since there is no currency in circulation over the i^reater part of the Cougo, the remuneration of the natives, though fixed on a monetary basis, is paid in cloth or salt. In reporting on the tax in chiekwangue round Leopoldville' :Mr. Thesiger describes the result of this system as follows : — "Were this 6 centimes' paid in coin the injustice would still be evident, but it is 14. paid for in trade cloth of which the State has in Leopoldvillc a practical monopoly, at a value of 10 fr. a piece of 7 metres, or in other trade goods a similar valuation. These figures speak for themselves. It may he further noted that the natives, having no vise for all the cloth so earned, are glad to sell it again at 8 f r. a piece, thus incurring a diminution of their wage. This is so generally the case that a regular trade is carried on in the cloth so retailed." Whatever advantages may be claimed for such a system as an incentive to work when carried out with a genuine desire to benefit the native, His Majesty's Govern- ment contend that it must necessarily wholly fail in its object when the so-ealled remuneration is merely of nominal value. That this is the case the evidence which His Majesty's Government will adduce further on will leave but little doubt. As it is at present, such a system cannot fail to introduce confusion into the minds of the natives as to where taxation ends and remuneration begins. Indeed, it makes it extremely difficult to know where to draw the line between the tax-payer and the hired labourer. Both are compelled to render labour to the State, both receive a nominal remuneration in kind, so that in practice, if not in theorv, botli are the slaves of the State. As regards the establishment of State stores alluded to by the Secretaries-General, one of the Reform Decrees provided that a supplementary credit of 800,000 fr. should be oj^ened for the establishment of State stores stocked Avith objects responding to the taste of the natives, in crder that they should obtain the articles they want either as remuneration for the tax levied or as payment for labour. Mr. Thesiger, as we have already seen, in speaking of currency, says : — " Prom the personal point of vievr it would in too many cases be likewise worth- less, as there are no magazines or stores where the native could purchase cloth or goods." Mr. A^ice-Consul Beak, in his Report of the Gth September, 1907, says : — "I did not in the whole course of my journey come across one of the ' Magasins d'Etat approvisiounes d'objets rc2)ondant aux gouts et aux besoins des indigenes' contemplated in one of the June Decrees." Further on occurs this passage : — '• '] he Tanganyika Concessions (Limited) has established numerous stores at Kambove, RuAve, and elsewhere, which offer a jileasant contrast to the ' Magasins d'Etat ' and at which the native is afforded a large variety of choice and a real chance of meeting his requirements. The stock held by the Kambove store, for instance, was far superior both in quality and variety to anything I had seen in the course of my journey since leaving Sierra Leone." Various Forms of Taxation, m It will now be necessary to examine carefully the effects of the dift"crent forms of taxation under the Decree of the 18th JS'ovembor, 1903, as found to be in existence by the Commission of Inquiry. AVc will tlien deal with the remedies suggested by the Commission and nominally adopted l)y the Congo Government in the ])ecree entitled "Impositions Directes ct Personnellcs " of tlie 3rd June, lOOB, and iinally the manner in which that Decree has been put into operation according to the information which His Majesty's Government liave received from their Consular oOicers in the Congo State. it Avill suffice, in order to show that no real reforms liave so far been introduced, to take only the two j)rincipal forms of taxation in laljour, viz., chickwanguc aiul rubbei-. CItickwuiujue. Cliickwanguc (Kwanga) is bread made of manioc, and constitutes tlie staple food of the natives over llic greater part of the Congo State. The ])reparation of this article necessitates many kinds of Avork, the clearing of the forest, planting of the manioc, extraction of the root to make the cliickwanguc, cleaning, boiling, and 15 pat-king, &c. Each of llio processes, with the exception of the clearing, is th<5 work of women. These chick\vani;uos, Avlicn prcprirtnl, an- taken l)y tlic natives to tlu; nearest Government posts for the consumption of soldiers, Avorkcrs, and Government oilieials. 'I'he tax in chickwan^^me is, according to tlie statement of the Commission of Tncpiiry, paid Avith great facility. It is a work to which the native is accustomed. A\licn"tlie number "of consumers at the Government stations are cot too numerous, and the tax is equitably distributed among a sufficiently dense population, the tax need not give rise to any complaint. l?ut the matter is very different in the vicinity of th(> more important stations where the native population have to provide for a great numb(>r of laliounnvs and soldiers. In the country immediately round the chief centre of administration and the military camps the supply of chic'kwangue becomes a tax involving considerable hardship. As the villages 'in the immediate neighl^ourhood are insufTicient for the sup])ly, the tax becomes more burdensome owing to the necessity of transport. As an illustration, the Commission of Inquiry instanced the case of Leoppldville^. 'i'his station, wliich is growing in importance from day to day, numbered in 1905 aliout ;!,000 labourers and soldiers. Tlie district on whicli the burden of supplying the station with provisions is far from thickly populated. The villages are few and far between, and tiie jjopulation is on the decline. The necessity thus arose of having to enlarge to an abnormal extent the field of taxation from which the supply of chickwangues was to be drawn. A village 7'.» kilom. distant, to the south of'Leopoldville, was assessed at 350 chickwangues. To equalize as far as possible the burden of this tax, the region was divided into three more or less concentric zones. The most remote distance in the first zone was 30 kilom. from Leopoldville, the maximum distance in the second is 43 kilom., and in the third 79 kilom. The inhal)itnnts of the nearest zone supplied their chickAvangues every four davs, those of the second every eight days, those of the third every twelve days. As the making of the chickAvangue devolves on the women, it is according to the number of the Avomen in each village that the amount of the tax is fixed. The maximum fixed for each Avoman is chickAvangues for four, eight, and twelve davs, respectively. All the ' witnesses before the Commission of Inquiry were unanimous iu condemning the system. The assessments are exorbitant, and the labour is con- tinuous oAving to the long journeys Avhich the natives have to make in order to supply the station. Erom calculations made by the State officials it is estimated, having regard to all the preliminarv processes, that the production of 1 kilog. of chickw^augue invoh-es one hour's Avork,"of which four-fifths is rendered by women. The average loaf of chickwangue weighs T| kilog. It will bo seen that the Avomen of the first zone Avho supply chickwangue at intervals of four davs render to the State 100 hours' Avork per month, those of the second about 50, and those of the third about 33. The most burdensome side of this tax is the continuity of labour Avhich it involves. As chi(davaugue can be preserved only a few days, the native, even by doui)ling his activity, cannot at one time discharge his obligations extending over a long period. The imposition, even if it does not demand his entire time, loses a part of its real character as a tax, and besets him therefore continually, through the preoccupation of these approaching deliA'eries, which make the task lose its true character, and transforms it into incessant compulsory labour. ]}y far the greatest hardship lies iu the. obligation Avhich rests on the native to bring "in at a fixed interval his quota of chickAvangue. The Commission declared as inadmissible a system Avhich necessitates the native travelling 150 Idiom, in order to bring in a tax repi'esenting a value of approximately 1'50 fr. Por the most part AVomen, cliildren, and domestic slaves are charged Avith the duty of transport. These constitute the Avorking element of the village,_ and jf the greater part of their time is absorbed in the payment of taxes and in their personal maintenance they have no opportunity, even if they so desired, to give tiieir energies to other labours. Hence the destruction of the native industries and the unquestionable impoverishment of the villages. The evidence taken before the Commission of Inquiry Avas unanimous in testifying to the general misery wdiich reigned iu those parts. One Avitness Avent as far as to say : — [603] ^ 16 " If the system under which the natives are obliged to supply the 3,000 labourers at Leopoldville continues for another five years the population of the district will have disappeared." Without entirely sharing this pessimistic view the Commission admitted that there was some truth in it. The Commission of Inquiry suggested that the following remedies might be applied. There was, they said, urgent necessity for the establishment in the. immediate vicinity of the great centre of population of "cultures vivri^res," the size of -which would depend on the number which had to be fed. The wives of soldiers might, to a certain extent, be employed upon such work as might be best suited to their specinl aptitudes. In the meantime, the Commission thought the fTOvernment might feed the laliourcrs at certain stations partially on rice or dried fish, as the "Compagnie du Chemin de Fer du Bas-Congo " fed their coloured staff. In any case, if it were impossible for the Government to reform the system radically all at once, and it were necessary for them to continue for some time to come to exact a supply of foodstufPs from the taxpayers living at great distances, they should take steps to relieve the heavy burden caused by the transport. This transport should, as far as possihle, be performed by mechanical or animal power. Thus it would be desirable that in the region of Leopoldville, traversed by the railway, arrangements should be made for the transport by rail, on easy terms, of the chickwangucs furnished by the extreme south of the district. If the experiment made at Leopoldville in 1904 to utilize camels should prove satisfactory, this mode of transport should be generalized. The Secretaries-General, in their Report to the King, pointed out, with regard to tlie transport of chickwangue to Leopoldville in the south district, that since the 1st July, 1905, in consequence of an abatement in the tariff for certain categories of merchandize, the transport of chickwangue by rail had become possible, and that since that date the natives had been at liberty to deposit their chikwangues at appointed [)laces along the line ; but that it had been found that only on rare occasions did the natives avail themselves of this advantage, preferring to bring the tax in themselves to Leopoldville. The State, they said, was becoming daily in a better position to relieve the tax- l)ayei's living at great distances from furnishing food-stulfs, thanks to the measures taken for feeding the native staff by establishing in the neighbourhood of the great centres of population of " cultures vivrieres." Such plantations had been created in the neighbourhood of Leopoldville, Coquilhatville, and Stanleyville. Each plantation employed 300 workmen under the direction of an expert. The Government had besides ordered at stations of secondary importance, wherever the nature of the soil Avould permit, the creation of plantations of banana trees, arachidcs, maize, beans, potatoes, rice, manioc, &c. ; forty-four posts already possessed such plantations. Rice was cultivated in large quantities at Kitol)ola, Gongola, and Romee. ^h: Yice-Consul Armstrong, in his despatcli of the 2nd August, 1907, says: — "At Leopoldville, the centre of the Congo State's greatest works, namely, the head of the Lower Congo Railway and the port for all the Upper Congo river steamers, some 2,000 natives arc employed. These men are fed by the population of tlie StaiUey Pool district, which is their tax to the State. The natives who are obliged to fo(iil these workmen arc called upon to travel in many instances very long distances to deliver their tax at Leopoldville ; but the greatest evil arising from this form of taxation is that tlie natives are o1)liged to deliver this tax every four or five days, as the case may l)e, according to the distances they have to travel ; but in any case it keeps the po})u- lation continually on the road to Leopoldville, so that, practically speaking, they are never free to work for themselves. Althougli much more leniency is being shown the native now than heretofore, nevertheless this tax in no Avay fulfils the obligation of forty hours' labour per month. {Vide 'Bulletin Oiilciel,' June 1900. Article 2: ' Impositions directes et personnclles.')" Here is Avhat Mr. Thesiger, His Majesty's Consul at Boma, says on the subject of the tax in chikwangue and lish : — " From the administi-ative point of view the tax in chikwangue, the native bread- stuff, Avith which the native employes, labourers, and soldiers arc fed in the Upper Congo districts, is one of the most important. 17 "In Loopoklvillc the State employs some 1,200 wovkmon, who, to^etliei- with a (Iciachmciit of 3 20 soldiers an(l-lli<'ii' wive-* and children, nnmbor ahom 2,000 persons, for whom rations arc I'okiuI 1)v imposing a tax in cliikwanguc on the women living in the surrounding viUages. 'To obtain the necessary supply the tax is estimated at 400 Ivilog. per head yenrly, for wliieli, by ' un act(> de ])nre condescendance,' the State pay centimes a kihigramme in trade goods, tlius apparently giving back in kind the full value of the tax cf 24 fr. imposed. "As a matter of fact, the local market of chikwanguc is 10 centimes a kilogramme, and on the other side of the Stanley Pool 25 centimes ])er kilogramme can be obtained at Brazzaville in the Ercnch Congo. Thus, if the native were free to sell the produce of his own lands and of his own labour, each 100 kilog would be worth at least 40 fr., leaving a proiit of 16 fr. to the native cvvn after the maximum tax had been paid. '• "Were this centimes paid in coin the injustice would still be evident, but it is paid for in trade cloth, of which the State has in Leo])o]dvill(' a practical mono])oly, at a value of 10 fr. a piece of 7 metres, or in other trade goods a similar valuation. These figures speak for themselves. It may be farther noted that the natives, having no use for all the cloth so earned, are glad to sell it agaiu at 8 fr. a piece, thus incurring a diminution of their wage. This is so generally the case that a regular trade is carried on in the cloth so retailed. "As regards the time and labour necessary to produce these 400 kilog. of chik- wanguc, the Reports of Mr. Vice-Consul Armstrong and tlie missionaries all agree that to produce the amount necessary to free her of all obligations to the State, ea'^li woman has practically to Avork incessantly twelve months in the year. So muoh so is this the case that Mr. Armstrong reports 'it is impossible for any of them to leaye their villages at any time for fear of the consequences of a shortage in the supply, fpr which they are liable to punishment,' while the Eev. Mr. Stonelake and the Re,v. Mr. Hope-Morgan both testily that, in consequence of the incessant labour imposed hy this tax, the Avomen haA'c practically ceased to bear children. Tlieir work is further increased by the fact that the cliikwangue has to be brouglit in every four, eight, or twelve days, and, although this is supposed to be the men's work, as a matter of fact it is carried out to a A^ery large extent by the Avomen and children. " Forced labour, such as this, differs only in name from slavery, and by it the Administration are enabled to feed their workmen at a merely nominal rate instead of having to buy chikAvangue on the open market or of importing rice at a considerable cost to the State. " A solution of this question Avould be the payment to the State workmen of what is known here as ' chop-money,' namely, a Aveekly sum for food, which each man then jn'ovides for himself. By this means the supply of local produce would be encouraged^ the native producer would get a fair price, Avliile the cost to the State would be small. It would, however, mean the introduction of a system of payment to the worlonen in coin and indirectly facilitate the payment of the taxes in money, two things Avhich the Administration haA'c no Avish to introduce into the Upper Congo. " Mr. Armstrong's Report, of the 17th December, 1907, shows that in the Lake Leopold II district the price paid for the cliikwangue is 4 centimes a kilogramme, mentioning especially Moleke, where the village has to sui^ply fifty bunches of chikAvangue and fifty bunches of tish weekly, and the natives complain ' that they received practically nothing for their tax, which occupies the greater portion of their day's work.' At K'celenge the tax is 200 ehikwangues and 200 fish daily, and each Avoman having to deposit five ehikwangues, Aveighing about half a kilogramme each, every morning on the beach, and this amount has to be taken across the lake to Inongo every day. Here, again, Mr. Armstrong notes that they complained ' only of the remuneration, and not of the endless Avork imposed upon them.' ' "These cases bear out AAhat I have said in the introduction to this ^Memorandum as to the tax being limited only by the needs of the State on the Avorking ca])acity of the native, as, I'ound Leopokhalle, where the soil is poor, 400 kilog. a-year is about the limit each AVoman can produce, ^v\n\Q in the more productive forest land the quantity is about doubled and the remuneration decreased, so that the nominal money value of the tax remains unchanged. " j\Ir. Consul-General Smith's Report bears out these statements, and, talking of the Leopoldville district, he says : ' In my visits to the surrounding villages I did not see a Avoman Avho Avas not busily engaged in makino: chikwangue for the State, from which they receive but a trifle more tlian half its market value at Leopoldville' In the same Report he mentions that ' at Bolenge the tax in dried fish is four bunches [COS] ^D 2 ^ 18 per week per man, weighing ahout 1 lb. to the buucli. The price paid is 1 mitako (small brass rods) per buuch, while the current value is ten to fifteen times this amount. The native fishermen comjdaiu of the difficulties of supplying the amount demanded and the inadequacy of the remuneration. In high water, M'hen fish are scarce, they are ol)liged to go a distance of 80 miles to the Ubanghi River to secure them.' And again : ' At Lulanga similar conditions preA^ail ; the remuneration for the kwanga (chikwangue) and fish is only one-tenth of its current value, and I learned on the best authority that the soldiers sold their rations exacted l)y the State as a tax at a price ten times in excess of the remuneration allowed the native.' " These instances of the State's dealing Avith the native, Avhieh are examples of, and not exceptions to, the general rule, could be increased indefinitely, but are, I think, sufficient to prove that the Administration, under the present system of taxation, treat the actual produce and property of the native as their own, inexorably exacting Avhat they need and paying for it what they choose. " Under these circumstances the depopulation of these districts, to which Mr. Arm- strong and Mr. Smith both bear witness, is scarcely surprising, and it is certain large numbers of the natives fly to the rrench side to escape the burdens put upon them by the State ; while the incessant work and exposure, especially in the rubber-collecting districts, must encourage the ravages of small-pox and sleeping sickness among an under-fed and over-worked population." Here is what Mr. Vice-Consul Armstrong says in the passages above referi-ed to : — " The taxation of women in money (and in kwanga) creates a precedent which does not exist in any West African Colony as far as I am aware, and it necessarily follows that women who cannot supply chikwangue are permitted to pay their tax in money where they are living with their countrymen outside their towns who are in the employment of tlie missions or the traders, &e., which means that married men are called upon to supply a double tax. "The tax in chikwangue falls exceedingly hard upon the female population of this district. It is the Avomen alone who supply this tax, which is imposed as follows : — " The tax, when levied in chikwangue, is based upon a value of 24 fr. per annum. The market value at Leopoldville is 10 centimes per kilogramme. The State remunerates the native at the rate of 6 centimes per kilogramme, and the difference, viz., 4 centimes, is credited to him for the payment of his tax. " It is impossible to fix this tax with regard to the law of forty hours' labour per month. The time which each native occupies in making gardens, clearing forest, cultivating the plants, transporting tiie root from garden to village, soaking in Avater previously to eventually pounding and boiling to render it the taxable produce, is impossible of calculation. " The amount required of each woman is therefore 100 kilog. per annum, Avhicli is calculated by the State as follows : — "400 kilog. at 10 centimes market A^alue, 40 fr. "400 kilog. at 6 centimes State valuation, 24 fr. " The difference is therefore the amount of her tax, viz., 16 fr. "The men, on the other hand, are taxed in lal)our, wliicli is not supposed to exceed forty hours per month. Tlieir duties consist in carrying the tax in chikwangue to the State, an ol)ligation Avhich they do not always carry out, as one frequently sees both women aiul children engaged in this Avork. " For the convenience and equalization of porterage the district supplying cliikwangue are divided into zones. "In the first zone the villages range from one hour to a day's journey from the receiving station. The natives supply their tax every four days. " 111 the second zone, from one to two days' distance, in which case the tax is supplied every eiglit days. Tlu; third zone has now been abolislied, and the jieoph; take their tax to a post on tlie railway every four days, and are allowed 8 centimes per kilogramme instead of centimes as in the first and second zones. " To what extent they are sul)jeet to other ' corvees ' depends entindy upon the demaiuls of the State authorities in the district. 'J'he villagers are naturally dependent to a certain extent upon the men to carry the food tax to the State posts ; but the laAV recognizes the right of t'.ie " Commissaire de District " to call upon the men 19 for purposes of porterage in the district. I am not aware that such porterage is demanded to any lari^'e extent, and, indeed, the lu^eds of tlie cliik\vanfs per kilogramme for their work. " The natives of this village complained only of their remuneration, and not of the endless work imposed upon them, tlieir reasons being that they worked rubber, to obtain nhicli they had to go very long distances, there being none left in the forest surrounding- their village. " The State have appointed one of the villagers as capita, and bis duty is to see that the taxes are duly paid. He informed me tliat it was very difTicult to make the people snp|)ly the amount demanded by the State, and that they were often short in their deliveries, for which they i-eceive no puuishment, generally speaking ; occasionally a messenger would be sent, Avho would chastise those who were short. It happened that after I had left this village on a visit to the interior towns one of tliese messengers was sent to N'celenge, and the captain of my steamer, wbom I bad left at the village awaiting further instructions, tells me that this messenger caught several people, chastised them for not having brought over their daily tax to the State post of Inougo, commandeered two or three fowls for himself, and threatened them v/ith imprisonment if they did not at once fulfil their obligations. " It is most important that the State should receive their food-stuff regularly, otherwise their workmen would be short of food. '•The Chief of ^'celenge had no authority Avhatever over the people, being unable to relieve them of their work or benefit them in any way." Mr. Vice-Consul Michell says in his Report of the 23rd March, 1907 : — " With regard to women, the making of kAvanga, &c., has always been in force, and many kinds of work have long been performed by women. But it has not been publicly understood that both husband and wife have to ' pay taxe-.' This is frankly declared by M. Lantonnois (p. 366), ' Ainsi que vous I'aurez rem.iiue, I'Article 2 du nouveau Decret pose le principe de I'impot en general, sans faire de distinction entre les sexes,' " Here is what Mr. Michell says in regard to the plantations instituted by the State, and the encouragement given to native agriculture : — " The other wild fruits of the forest form the staple food of the natives, and tneu- cultivation is a matter of perfect indifference to the State. It will be noticed that in the section on agriculture nearly the whole space is taken up with (1) india-rubber, (2) cocoa, (8) coffee, (4) spices, and other products purely for export. Such articles as do not pay for export, as, for instance, cocoa and coffee, are being abandoned, only sufficient being raised to supply the State Agents. "All the eHbrts of the Botanical Gardens at Eala are directed to raising plants that will pay. Those which only serve for native consumption, such as bananas, manioc, sugar-cane, maize, rice, sesame, and monkey-nuts are left entirely to the natives to cultivate or degenerate as they will. Tlie natives owe nothing that they eat to the Government; rice was introduced by the Arabs, and the State lays a very heavy tax on it. The paragraph on p. 139 seems to imply that the State plants rice ; this is not the case. The Mahommedan population and time-expired soldiers and workmen are compelled by the State to plant rice, which the State buys from them at such a ridiculously low price that it amounts to a severe imposition upon these classes. The 1,000 tons of rice ' negotiated on the market of Stanleyville ' has been one of the heaviest burdens that district has had to bear. " Kwauga and smoked flsh are native inventions and fabrications. The State, instead of favouring these products, nearly strangles them with incessant' heavy impositions. " The policy of the State is well illustrated in the case of cotton. Although there is no reason why the cultivatron and manufacture of this fibre should not become an important industry, as in Xorthcrn Nigeria, the States does nothing to favour it, as it does not pay for export. The plant is widely distributed and grows freely, but the valuable oil to be extracted from its seeds seems to be entirely unknown. The natives are greedy of oil and use great quantities, Avhich they exti-act laboriously from pea-nuts, sesame, and palm kernels. I have suggested the use of cotton-seed oil to many Chiefs, but they had never heard of it before. There are many other products which grow freely, such as fenugreek, chick-peas (' garbanzos '), 22 ginger, cloves, onions, vetches, and all kinds of leguminous plants, whicli would be of immense value to the badly-fed natives and their flocks, but which would require the encouragement of the State. Needless to say, the Government does not give the subject a thought, but contents itself with saying, ' It is difficult to induce the native to luidertake the cultivation of anything more than the needs of his own existence require.' Products of the Domain. Rubber. Tbe collecting of copal, whether as fossil or resin, involves no hardship, and the Commission of Inquiry received no complaints on the subject. His Majesty's Government need therefore not dwell on this point. It is, however, otherwise with rubber. The collection of rubber is by far the most important and the most oppressive tax in the Congo. It is the main subject of complaint as constituting a breach of Article YI of the Berlin Act. Eubber is obtained by means of incisions made in the bark of certain trees and vines, and collecting the rubber in special receptacle*, into which the latex flows. After a few hours these cups are emptied, and the contents, allowed to coagulate, are brought to the Government station in different forms, varying according to the district. In spite of the regulations for the preservation of the vine, the native often cuts the vine instead of making the incision, in order to enable him to obtain the latex more rapidly. The Commission were entirely unable to estimate the wealth of rubber in the State. It is a much disputed point, but they expressed the opinion that an exploitation which has lasted a good number of years has caused the exhaustion of the supply in the immediate vicinity of the villages. This is an important point, as the greater the distance which the native has to go to collect the rubber the greater becomes the hardship of the tax. This fact, the Commission said, explains the repugnance of the native for collecting rubber, which in itself is not a peculiarly unpleasant task : — " Dans la pliipart des cas," say the Commissioners, " en effet, il [I'indigene] doit, chaque quinzainc, faire une ou deux journees de marche, et parfois davantage, pour se rendre a I'endroit de la foret ou il pent trouver, en assez grande abondance, les lianes caoutchouti^res. La, le recolteur mene, pendant un certain nombre do jour?, une existence miserable. II doit se construire un abri improvise, qui ne pent evidemment remplacer sa hutte, il n'a pas la nourriture a laquellc il est accoutume, il est prive de sa femme, expose aux intemperies de I'air et aux attaques des betes fauves. Sa recolte, il doit I'apporter an poste de I'iiltat ou de la Compagnie, et ce n'est qu'apr^s cela qu'il rentre dans son village, oii il ne pent gu5re sejourner que deux ou trois jours, car I'echeance nouvelle le presse. II en resulte que, quelle que soit son aetivite dans la foret caoutchouti6re, I'indigene, a raison des nombreux deplaceraeuts qui lui sont imposes voit la majeure partie de son temps absorbe par la recolte du caoutchouc." It was scarcely necessary to remark, said the Commission of Inquiry, that this state of affairs constituted a ilagrant violation of the law of " 10 hours." "Selon nous," they .said, "la seule mani^re de mettre les necessites de I'impdt d'accord avec le texte et I'esprit de cette loi consisterait a esjiacer considerablement les echeances. De cette fa9on le temps absorbe par les deplacements imposes a I'indigene pour se rendre a la foret et en revenir perdrait de son importance, et le Decret qui fixe a quarante heures par mois le travail reclame du contril)aable pourrait recevoir une equitable application, si la quantity de caoutchouc deniandee est sageraent fixee et ccsse d'etre, comme aujourd'hui, un maxinuim rarement atteinte, qu'il est permis do croire exag(ire.* On objecte I'imprevoyance qui fait le fond du caract^re indigene, et Ton croit qu'il serait toujours tente de retarder Ic moment on il devrait se )nettre en mcsurc de satisfaire a ses o1)ligations. Toutefois, nous; pensons qu'on pourrait, sans grand inc(mv6nient, reclamer du contribuable I'acquittement de sa dette • La qunnt.it(i de caoutchouc demands ii titre d'irapot varie gdn(5ralement d'iiprfcs les loridikis. II serait inipossihle il hi Commission d'indir|ner. meme approximativcinent quelle e^t la (|uaiititi' nu'iHi imiig-ene, une fois arrive sur le lieu de la n'coltc, peut ohteiiir en quarante iieures de travail, jjes opinions les phis diverses out etii (jinises a co snjct. 'J' 'iit depend de la ric.iicsse do la foret et parfois dn I asaid. Mais le fait constate daos I'A.IJ.I.R. et s\gua\6 ailleurs encore, que rindij;ene, afiics un long sejoin- dans la foret, no rapporte souvent qu'une quantite bien inferieure au t.vux de rimposition, nous perniet de croire que ce taux est, en general, e.xagerd. tons les trois mois, par cxeiiiplo, et aloi-s, au moment voulii, Ic hlanc rappollcrait au n(^i!,'ro insouciant ses devoirs. Les srjonrs dans la foivt dcvant etrc plus lontrs, mais moins Civquents, Ic recolteiu' jugerait saas doute utile do s'}' constru're un abi-i plus commode et de s'y faire accompagner par sa femme, qui pourrait lui preparer sa nourriturc accoutumeo. " ])e plus, dans la pensee de la Commission, I'imput dcvant nccessairement etrc collec'tif, a cause do la diniculte de dresser les r61os nominatifs, les inconvenients resultant de l'es])acomont des eeheances serout sensiI)l(Mneiit attenues, et, d'autre part, il i^ourra etre tenu compte, dans une plus large mesuro, dcs convenances personnelles des contribuables. " II va de soi que si, dans certains cas, I'impAt collectif ayant comnio corollaire I'espacemont des eeheances n'etait pas etabli, il faudrait dans Je calcul des iieures de travail, avoir tigard au temps que preunent a I'indigeue les deplaccments inseparables de la recoltc du caoutchouc." The Secretaries-General, in their Report, referring to the suggestion of the Commission of Inquiry that the intervals between the payments of the tax should be extended, said that the new Decree had taken it into account by laying down that in principle the tax was payable monthly ("par douzieme ") ; it further empowered the " Commissaires de District" to fix the dates on Avhich the tax should fall due at intervals Df two or more months, according to local I'equirements and the needs of the population. At every station would be publicly posted a copy of the list of the taxpayers of region ; every taxpayer could there ascertain the amount of his tax, the mode of payment, and the date of collection. Article 29 of the new Decree provided that the Governor-General, in exceptional circumstances, might by order remit the native tax either in whole or in part. Article 2 of the Law exempted the native, if j^'iy^ically uutit, from the payment of the tax, since the Article only applied to the able-bodied. The ])rovisions of Article 2*.) contemplated cases of a more general remission, such as tlie case of a people stricken with disease — sleeping sickness, for instance— or afflicted by some calamity, M'ho might be unable to fulfil their duty. The law, said the Secretaries-General, could not do more than set up these general rules. It would be the duty of the higher local authorities to subject the agents intrusted with the collection of the tax to the continual and vigilant control which the former had been ordered to exercise. These agents — on whose decision did not depend the amount of the tax, since their powers were limited and defined; who were punishable for abuse of power ; who were without direct interest in the yield of the tax — were called ,'upon to discharge their functions in the Congo under the same conditions as those of the fiscal agents of any other Colony. If the pro- visions of the law were strictly applied, as should in future be the case, the criticisms which the Commission made when examining the different kinds of taxes could not be repeated, neither with regard to the amount of the tax, its continuity, nor the indiscriminate employment of force. The disadvantages arising from the necessity of the tax-payers having to travel great distances ecj^ually found their remedies in the greater intervals between the dates when the tax fell due. The Governor-General was already in a position to atlirm that these intervals had been fixed in agreement with the native Chiefs, so as to obtain the desired result. Now let us compare these reassuring statements of the Secretaries-General with the actual state of affairs at the present moment, as reported by His Majesty's Consular officers and the United States' Consul-General at Boma since the issue of the Reform Decrees. Vice-Consul Michell says : — " The imposition of taxation on both men and women is not only a hardship but an unmitigated evil. In one case that I know of the whole population was constantly at work. At Liboko, on the Lindi, there are three large villages all the men of which are employed for about twenty-two days in every month making rublicr, making baskets, and then carrying it to Bengamisa. Tlie Avomen accompany their husbands for a part of the time ; the rest of the month is taken up by carrying loads for the State transport between Ivaparata and Bengamisa. All the porterage between the mouth of the Lindi and Banalya, on the Aruwimi, is to my knowledge done by the women. The children are not compelled to accompany their parents, but they generally do so, because if thev stay in the village the sentrv, or, as he is now [003] " " ' E 24 called, the ' messager iudig^ne,' finds work for them to do, carrying sticks, leaves, and other building materials. The consequence is that a school wliich was started in the triiile village, with 100 names on the book, by a native teacher, at the urgent request of the Chiefs, dwindled away to nothing in a few days. The people made a great feast on the opening of the school, but the 'messagers' (there were four of tliem) reported that it would interfere with the collection of rubber, aud it was suppressed by the agent at Bengamisa. On my reporting the case to the ' Chef de Province ' the agent was removed, and the school was allowed to reopen. Eut this is only one village of which I happei:jed to hear. The abuse is likely to occur, and doubtless exists, all along the Lindi, and probably in many other places. " It is difficult to see what advantages such a system secures to these ' tax- payers.' " Vice-Consul Beak says, I'eporting on his tour in the Katanga : — " I am unable to quote figures, but, as in the case of the Lower Congo, every station between Ponthierville and Kabombo, where the rubber zone may be said practically to end, reports a decrease in the yield. The reports of Torest Inspectors, the most reliable informants, are most disheartening. They tell of tlie wholesale and wanton destruction of valuable vines by the native in order to comply with the Government's demands. These reports are confirmed in general by those received from native sources. The natives declare that ' rubber is no longer like the waters of the Congo, nor like the stones at Matadi,' and that they must ' go far ' to find it." In another Eeport Mr. Beak says : — " The villages immediately to the south of the 5th parallel are taxed in rubber, which in this vicinity is, or rather has been, fairly plentiful, and for this purpose they again are grouped under local Chiefs. They take rubber to the post of Tshofa, on the Lomami. In this section I found dissatisfaction very general and complaints numerous. Although the information given is from purely native souices, I have adequate reasons in this particular case for believing it to be con-ect. " Four instances will, I think, suffice : — " 1. Village of Manene Lubangi, Rubber tax, 240 kilog. every two months to be delivered at Tshofa, on the Lomami. Ileceipts for month of January 11)07, 130 kilog. Rubber to be found four days distant from village, thence to Tshofa, a journey of ten days. Rubber scarce. Collection takes up whole time of all inhabitants. This village pays neighbouring Chief three goats a month for permission to cut rubber in his territorv. " 2. Village of Bena Ilamba. Tril)e, Balubas. Tax, 12 kilog. of rubber every two months, for which natives pay 2 dotis {6s. SiL). Rubber plentiful close to village, but few people to collect it because sleeping sickness has reduced population from 200 to 10. " 3. Village of Katangi. Chief, Wwana Kasongo. Tribe, Bena Kumbi. L%der "Poste" of Tshofa, on Lomami. Population of Bona ICumln group of villages, 302 men. Ru1)ber tax, 351 kilog. every two months. Amount paid already : 15Mi January, 98 kilog.; 10th A])ril, 70 kilog. In 1905 these villages furnished 2,797 kilog. of rubber to the ' Poste de Muebe.' Among them is one refractory village, Bena Missi, which r(>fiised to collect rubber. A month ago the Chief sent tliither his brother, whom tlic iniiabifants Idlled. This fact not yet reported to 'Chef do Poste' at Tshofa. Rubber used to be plentiful, but now scarce on account of white demand. Vine cut indiscriminately in s])ite of orders to the contrary. For this rubber collection whole ^illage migrates temporarily to busli, where grass shelters are built. Women and children accompany men to assist and to prepare food. " I. Village of Kassongo Kiboko. Head-quarters of IMoina, Chief of P)ena Kumbi, who is overlord of nine villages. Appointed or conlirmed on the 8th June, 1902. Pays rubber monthly to Tshofa. Formerly paid six bags per mensem, but now only two, because slee])ing sickness has Idlled more than half his people (this particular village fourteen deaths out of population of forty). Rubber four days distant from village ; three days thence to Tshofa. Forty men working whole month can collect one bag, for which they receive 2 dotis (G*-. 8(/.). Grass huts in bush ; Avholc village migrates, &c. " So much has already been both said and written on the evils of the rubber tax that I refrain from making any comment on the instances quoted above." 25 Airain : — " The tax may assume various forms, professedly to suit the convenience of the natives, more really, I think, to answer the requirements of the Company. The local ofTicial decides Avliat form th(> taxation of liis district shall take, and if he has any rcg-ard for his own advancement he will exact rubber wlicrover it exists The collection of rubber involves hardships in comparison witb which those of the ' corvee ' and transport are insignificant. The long list of taxation iu kind s(3rves in some degree to conceal the rubber tax, which the native loathes more than anytliing else. The evils of tliis rubber tax have been too fully dealt with elsewhere to need recapitulation." Vice-Consul Michcll, reporting on his tour in tlie Ubanghi district, says: — " At Moenge I was kindly received by M. Redard, a Swiss, in sole charge of the post. Here a very interesting condition prevails. M, Redard told me that he liad never lieen to any of the villages of his district witli a single armed man, nor had he made any elTort to compel the natives to bring in rubber. He explains to the Chiefs the necessity of paying tlic tax, and the advisal)ility of doing so voluntarily, in order to avoid pnnitive expeditions, whicli would ])c conducted by military officers and );ot by himself. The consequence is that, without leaving his post, the monthly tale of rubber hronght in has risen from 300 kilog. to 1,000 and 1,200 kilog. Tiiis, considering the poverty in rubber of the forests of the Itinil)iri, he considers extremely satisfactory, and he informed me that he intended to quote his own experience to the authorities at Brussels as a proof that the natives are amenable to mild and reasonable treatment. In other posts on the Itimbiri M. Redard's success was acknowledged, but it was attributed to the influx of tribes from other districts into his own, the population having thus largely increased. " Doul)tless M. Redard would reply that; this also was due to the attraction of his treatment of them. " From Moenge I proceeded to Mandungu, v.diere a different metliod is in force. At several villages on the Avay I received complaints of the pressure put on the n to me some days after liaving visited these towns by a native employ^ of the post of Bolia. Tiiis man appeared, from his statements, to be a messenger of the post, his duty being to carry letters for the State oflicers at Bolia to the State post at Bikoro on Lake Alantumlja, and also on rare occasions to Coquilhatville. I questioned him as to the distances between J3olia to Bikoro and Coquilliatville, wliich, he said, Avere three and six days respectively. The • Chef de Boste ' at Bolia told me he thought it would take eight days to go from Bolia to Bikoro. " The messenger told me that to make the afore-mentioned journey in three days required forced marches, and lliat the rubljer gatherers would take four or five days. The roads, he said, were inundated with water at nearly all times of the year. In reply to inquiries as to the time the rubber gatherers spent in the forest collecting their tax, he informed me that they spent from ten to fifteen days actually in the forest. In explaining the hardships of their work he also told me that they very often exhausted their food supplies before their tax was complete, in which case they went to Ikoko, an American Mission station and native village on Lake I\Iantumba, to purchase food, and for which they had to pay very dearly to the natives. Having made inquiries from the Mission at Ikoko, I obtained confirmation of this statement. " Between Ibeke and Bolia there is a series of small villages, and these, together with, the other villages which I did not visit, form w'hat is called the ' Chefferie ' of Bolia. This group contains 1,695 working men, who are taxed GOO grammes of rubber per head per month, i.e., 1 ton 17 kilog. per month. " This part of the country seems to be still fairly thickly populated, and the State census for the Bolia ' Chefferie ' for this year estimates the number of women and children at 4,030. "I spoke with the capita of Ibenga, who told me of the imprisonment of his people, as reported in the ])revious pages of this Report. He informs me that the distance from his village to the rubber forest was only two of three days, which proves that the task of these jieoplcis far easier than that of any village I visited. " When I returned to Inongo I had an interview with the ' Commissaire de District,' and he asked mc^ if I had heard of any abuses committed against the natives. I informed him that I had heard of only one cnse, in which a native had been killed by a sentry in the village of Bokoki. ^[y informant insinuated that the 'Chef de Poste ' at M'bongo had heard of the matter and inquired into it as soon as it had happened, and had tacitly agreed not to report it so long as he made the people work. I did not tell this to the ' Commissaire de District,' as when he asked me the question quoted above the matter had entirely escaped my mind, and as he read me a dispatch on the subject from the ' Chef de Poste' at M'bongo, which he seemed to have received soon after the complaint had been reporred to me, stating that ' the charge was quite untrue, for the reason that he (the ' Chef de Poste ') had never heard anything about it.' Mj informant might have been charged with maliciously calumniating a State officer, "in which he would have been seriously handicapped, seeing that the -'Commissaire de District' had ordered the ' Chef de Poste ' himself to immediately constitute an inquiry — he being an officer of the judicial police— pointing out to him that ' his not having heard of the matter was no reason in support of his view that such an act had not been committed.' " I then mentioned to him the conclusion I had formed as to the taxation, saying that the people worked from twenty to twenty-five days per month. He stated that he had received similar complaints of a sufficiently serious nature as to have inspired him to write to the ' Inspecteur' suggesting a revision in the tax with regard to its application being so modified as to conform with the fundamental principle of forty hours' labour per month. '■'There is not the sliglitest doubt in my mind that the average month's work of every native is not less than twentv davs. 30 " Mr. Murdoch, in his article which appears in the weekly edition of the ' Times' of the 1st Xovemher, states that the natives are required to hriug in fifteen strips of ruhher each. According to their tax-papers this is not the case, as fifteen strips of ruhher would weigh, as Mr. Murdoch says, in giving the weight of a strip he purchased and which 1 saw weighed, 2 kilog. 650 grammes, whereas the individual tax is not calculated at more than 1 kilog. 200 grammes anvwhere, as far as I know. The natives hrought each thirty strips, lie says, which being the case they brought more than their tax. These people were [evidently from the village of IS'gongo, as this was the only village which supplied more than they were actually obliged to. " He refers to the thirty strips of rubber being the work of two men, in which case their statements to him did not coincide with what they told me, or with the conditions of tlie tax- paper — which divided the village into ' Chefs de groupe' of three men — so that thirty strips of rubber represented the work of three men and not two. And even this would be more than the amount of their tax, as seven and a-half strips equal, roughly speaking, 1 kilog. 200 grammes. I also purchased a strip of rubber which, when weighed two months afterwards at Leopoldville, contained 370 grammes. " This is a discrepancy of small moment, since the importance of the tax, Avhether it is of 1 kilog. or 10, rests upon the time taken to produce that amount. I accept absolutely the statements of Mr. Murdoch and the natives as to the distances the natives cover to obtain the amount of their tax. " The people in the Yambata district complained that they spent the greater part of their time in the forest, and as their tax was 3 kilog. of rubber per montli, as compared with the amount of 1 kilog. 200 grammes, iinposed in the Lake Leopold II district, it Avould appear that the amount of the tax Avas fixed more with a view to obtain as much rubber as possible than to adhere to the law of forty hours' labour. " The native is remunerated at the rate of 50 centimes per kilogramme for the rubber he produces, and despite their statements to the contrary, the tax-papers show that they receive this amount, and I believe they are paid, with the exception of one or two rare instances, and these are not paid probably by reason of their continual failure to adequately fulfil their obligation, which is in almost every case impossible, " The following is an estimate of the profits of the State on their rubber tax. I take the village of N'gongo as being a large one, and one of the few villages that supply the amount actually assessed : — A raoimt assessed jearly .. .. .. .. 1,140 kilng. of rubber. £ s. d. 1,410 kilog. of rubber at 10 fr. .. .. .. .. .. 576 Amount paid to natives at bO c. per kilog-i-amme . . . . .. 28 IG ^' I calculate the rubber at 10 fr. per kilogramme, the value placed upon it by the State in the Commercial Report issued this year. The market value in Antv/erp is from 12 fr. to 13 fr. per kilogramme. From this amount of 51GI. must be deducted, the cost of transport which cannot be more than 2 fr. per kilogramme rendered at Antwerp, so that tho net profits derived Irom this one village would l)c a lit.tle more than 456/. per annum. One hundred and twenty natives, together with their wives and children, which would bring the population of the town to about tOO souls, share this amount of 28/. lV>s., and as this is paid in cloth at 7vd. per yard and salt at Is. 7^d. per kilogramme, it is evident that they cannot receive very much each, and that tliey coin])lain of their remuneration. The (rost of administration I have, of course, not taken into account. I hrar on good authf)rity that the cost of adminis- tration increases the value of the rul)])er to the State to not more than 1 fr. per kilogramme. 'J'hc State could therefore well alTord to be more generous in the respect of remuneration, seeing that nothing whatever is spent on the development of the country for the good of the natives. Even the State capita receives no wage, and, as I have said, participates in the remuneration given to the workmen." Tiie interesting and valuable account given by Mr. Smith, the United States' Consul-General at lioma, in his lleport to his" Government, bears testimony to the fact thai little or Jiothing lias been done to relieve the native of the burden of the rubber tax. lie says : — " At Yambata the opportunity for which I had been seeking, namely, to prove ])y a practical test the assertions of the natives as to the time necessary to gather 31 3 kilog-. of rubl)er, presented itself. It was claimed by all the State Agents whom I had quest ioned ii])on the suhjeet that the tax was not excessive, it l)eing easily possible to i^alhcr the amount of the impost within the forty hours monthly j)reserib(!d by the law as the maximum of time the native must labour to fulfil his obligations to the State. Tt was contended that the native idled his time away in the forest in the search ol game; that, in suijstance, he did not apply himseii" to his task. The 'Chef de Secteur ' at Yanibata was apparently so certain of this that T. i-equested permission to lake a nundjer of natives into the forest, set them at Avork gathering rul)l)er for a given time, and thus prove to my own satisfaction whether their ci)m()laints were or were not reasonable and just. The 'Chef de Secteur ' willingly consented, apparently confident, from the State's standpoint, of the successful result. Accordingly five natives were ch.osen from one of the villages and placed in charge of one of the State capitas. It was arranged thai these five men should work for four hours each, or a total of tA\'(>nty houi-s' work, in which time, to correspond to the tax imposed and the maxinuim of forty hours, they were supposed to produce 1^- kilog. (1,500 grammes) of rubber. The place selected for carrying out this experiment was at one hour's march through the forest from tlu; post, and was chosen by the ' Chef de S(>cteur ' as being especially rich in rubber vines. The men also M-ere of his own choosing. I had nothing to do with this part of it. Arriving on the spot, two of the men were put at work under the surveillance of Mr. Memminger and Mr. Dodds, the other three under the ' Chef de Secteur ' and myself. All the men had been promised an adequate remuneration and exemption from their taxes for the following month by the ' Chef de Secteur' as an incentive, and certainly not a slight one, to do their best. I can testify to the fact that these men did not lose a minute from the time we commenced work until the exjjiration of the four hours. The vines Avere numerous, and but little time was taken up in the search for another when one had been exhausted. The rubber was delivered to me and carefully weighed ujion my return to the post, with the following result : — Grammes. Two men t;'athered each 20U giaumies . . , . . . . . . . 400 The other three . . . . . , . . . , . . . . 250 Total weifrht . . . . . . . . . . C50 " An analysis of the result works out as follows : — " Collectively : Twenty hours' labour should have produced 1,500 grammes. Twenty hours' labour actually produced 650 grammes, or 43 per cent, of tax imposed. To gather the quantity required, these men would have been obliged to work an average of ninety-three hours each per month, or eleven days five hours at ei,;ht hours per day, 140 days each year. "Individually: Pour hours' labour should have produced 800 grammes. Two men actually jiroduced in this time each 200 grammes, or 66| per cent, of tax imposed. To gather i,lie quantity required these men would be obliged to work an average of sixty hours each per month, oi' seven aud a-half days, ninety days each year. " And again : Four hours' labour should have produced 300 grammes. Three men actually produced in this time an average of only 83^ grammes, or about 28 per cent, of tax. To gather the quantity required, these men would be obliged to work an average of 144 hours each mouth, or eighteen days, 216 days each year. " In considering the above, it mvist further be borne in mind that the time necessarily occupied in reaching the locality and returning is not calculated. This would, of course, relatively reduce the amount gatliered within the given time, and increase the average time necessary to produce the quota demanded by the State. It must also be remembered that the element of chance enters largely into the question; the two men wiio secured 200 grammes each were fortunate in finding large vines immediately after entering the forest ; the other three were not, and although they worked fully as hard, only succeeded in securing 83^ grammes each. If, to be perfectly fair, we accept the average time employed by the live men as a basis, and add thereto eight days each mouth for the time necessary to reach the place and return (eight days is not excessive as an average of the time thus employed), we find that these men must labour nineteen days and five hours each month, orpractit^ally 236 davs each year. iJiu-ing the month, if thev produce 3 kilog. of rubber, it is [603J * F 32 worth, according to the latest market value at Antwerp, 12 fr. 50 o. per kilogramme, or 37 fr. 50 c. They receive for this a machete, upon which the State places a valuation of 1 fr. 10 c. and a small handful of salt. I purchased at Leopoldville from an Enslisii trader two of the same machetes for 50 centimes each." His ^Majesty's Government have carefully examined the other forms of taxation, such as porterage, paddling, iic., and the evidence all tends to sliow that little or no amelioration has been effected as regards the burden which those taxes impose upon the native. Conclusion. One cannot rise from the examination of the subject of taxation, which has been dealt with in tlie foregoing pages at great length, though by no means exhaustively, without gaining the conviction tliat the remedies suggested by the Gomm'ssion of Inquiry, and ostensibly adopted by the Congo Government when they published the Eeform Decrees, have failed to introduce tliat large measure of reform so urgently needed in the interests of the native population. Whatever improvements may have, and no doubt have, been effected in certain directions, the Keform Decrees have, according to all accounts, afforded the native but little, if any, relief in matters of taxation. We have seen that the tax in chiductioii of tin; amount oL" rubber collected at present as compared with what was formerly brought in, and talk of the strict observance of the law oC forty hours' labour. Mr. Armstrong's lleport shows how ntterly fallacious this argument is. At Nioki it was claimed that the natives formerly made four tons per month, but that this had now been reduced to 1 ton 200 kilog. per month, while at M'bali, where the tax is (50 kilog, per month, the average amount accepted was 25 kilog. Mr. Armstrong visited the latter place, and reports that the natives, owing to the exhaustion of the rubber, have to walk seven days to get to the vine-bearing iorest, where they take six days to gather the required amount. "Thus'^explained, the reduction amounts to nothing more than that, owing to the rubber vines being worked out in certain districts, a smaller quantity must necessarily be accepted, but to gather it the native must work for the same or a longer period than before when the vines were near at hand and plentiful, receiving for the same number of days a lesser remuneration. •' As I have already said, the regulation of this tax on a monetary or time basis is a mere farce, the only "limits being fixed by the fertility of any given area and the collecting capacity of "the native, tn the rich Bengala district, visited l)y Mr. Smith, where rubber is 'plentiful, the tax is 3 kilog. per month; in the worked-out region near Lake Leopold II, where rubber is scarce, it is 1 kilog. In both instances the tax is assessed at forty hours' labour per month, and the natives work twenty to twenty- five days out of every thirty. •' A few^ examples of this may be quoted from Mr. Armstrong's E-eport :— " ' At M'pili, numbering ten adults, the tax is 1 kilog. per man monthly. Time spent in the forest, twenty days. At Js'gongo, 120 adult men, tax 1 kilog. per month ; here they have to go eight days' journey to the forest, and it takes them in all twenty to twenty -five days to collect the rubber. At Lukanga and surrounding villages there are ninety-nine men ; tax, 1 kilog. per month. " ' Here the rubber is collected twice monthly, and the people arc out for two periods of from ten to twelve days each month. " ' Other instances mi2;ht be <^iven, but I think these are sufficient to show that a reduction of the amoiint of rubber to be handed in every month does not mean any diminution of the tax, but can usually be attributed to the growing scarcity of the rubber itself, and that the nominal forty hours' labour means incessant work and privation for twenty to twenty^-fivc days each montli.' " Again, Mr. Thcsiger say^; :— "Forced labour, sneh as this, ditl'ers only in name from slavery, and by it the Administration are enabled to feed their workmen at a merely nominal rate instead of having to buy chickwangue on the open market, or of importing rice at a consider- able cost to the State. A solution of this question would be the payment to the State n^orkmen of what is known here as 'chop money,' namely, a weekly sum for food, which each man then provides for himself. By this means the supply of local produce would be encouraged, the native producer would get a fair price, while the cost tt» the State woiild be small. It would, however, mean the introduction of a system of payment to the workmen in coin, and indirectly facilitates the payment of the taxes in money — two things which the Administration have no wish to introduce into the Upper Congo. " Mr. Armstrong's lleport of the 17th December, 1907, shows that in the Lake Leopold II district the price paid for the chickwangue is 4- centimes a kilogramme, mentioning especially Moleke, Avhere the village has to supply fifty bunches of chickwangue and fifty bunches of fish weekly, and the natives complain ' that they received practically nothing for their tax, which occupies the greater portion of their day's work.' At IS 'celcuge the tax is 200 chickwanguea and 200 fish daily, and each Avoman having to deposit 5 chickwangues, weighing about half a kilogramme each, every morning on the beach, and this amount has to be taken across the lake to Inongo every day. Here, again, Mr. Armstrong notes that they complained ' only of the remuneration, and not of the endless work imposed upon them.' " These eases bear out Avhat I have said in the introduction to this Memorandum as to the tax being limited only by the needs of the State on the working capacity of the native, as round Leopoldville, where the soil is poor, 400 kilog. a-year is about - [603] G 3i tlie limit cacli woman can produce, Mliile in tbe more productive forest land the quantity is about doubled and the remuneration decreased, so that the nominal money value of the tax remains unchanged." Here, of course, Ave again strike at the root of the matter — currency — the intro- duction of which on a large scale, coupled with a freedom of trade, would almost infallibly deal a death-blow to the prosperity of the State, the Concessionary Companies, and their rubber monopolies. Now, to take an instance of the rubber tax assessed on a time basis, the experiment made by the American Cousul-General at Yambata, with the assistance of the State Agent, affords the Invst example. The result, as has been seen, showed that, under the most favourable conditions, it would take eighteen days a-month, or 216 days a-year, to collect the amount imposed as a tax, equivalent to forty hours' Avork a-nionth, and this Avithout any allowance made for the time occupied in going to and returning from the rubber forests. According to most accounts, the native is said to spend at least twenty days in the forest, witliout reckoning the time necessary' to go and return. Here we have again practically incessant labour rendered to the State in the guise of a forty hours a-moTith labour tax. There is no need to further multiply instances in order to show that the condition of the natives of the Congo is still one of veiled slavery, notwithstanding the assurances given by the Secretaries-General in their P^eport to the King-Sovereign, and of the Reform Decrees. It is impossible to escape the suspicion that, Avliile pretending to introduce real measures of reform by the Decrees of the 3rd June, 1906, every effort was made to render those Decrees illusory and to perpetuate the system of bondage and slavery in order to swell the profits of the monopoly system. The interpretation, already quoted, Avhicli Avas placed on the Decrees " Prappe et Monnaio " and " Impositions Directcs et Personnelles " by Vice-Governor Lantonnois, in his instructions of the 8t!i September, 1906, to the local authorities, clearly indicate that no real change AA^as intended. As regards the right of the native to pay the tax in mouey granted by the ncAV Decree, Mr. Armstrong and Mr. Thesiger have reported instances in Avhich the payment of taxes in money has actually been refused by the State authorities. It seems tolerably clear that the Preform Decrees concerning taxation have been rendered entirely nugatory in their effect, owing to the determined resistance Avhich the State offers to the introduction of currency. The ignorance of the use of money on the part of the natives, Avhich the Congo Government have always alleged as the chief difficulty in the AA'ay of a circulating medium, has been practically disproved by the statements of the Commission of Inquiry, by the actual experience of Mr. Vice- Consul Michell in the Lomami Company's territor\^, by the system of " croisettes" adopted in the Kasai Company's territory, and finally by the fact that money circulates freely among the natiA'es on the Lower Congo. There is a point upon AAdiich His ^Majesty's GoAcrnment wish in conclusion to lay l^articular emphasis. It is that the taxes in labour Avhich have in the past been exacted from the natives by the Concessionary Companies have been largely devoted, not to objects of ])ublic utility, but to the furtherance of priA'ate interests. The amount of labour Avliieh has been, and in a certain measure still is, devoted to those ends, can, in the opinion of His Majesty's GoA^ernment, only be expressed in unqualified terms as slavery pure and simple. Ilis Majesty's Government disckiim all right to prescribe to the Congo Government any particular system of taxation, but they hold that the one now actually in existence must be so moiificd as to insure its operating in harmony with, and not in defiance of, the provisious of Article VI of the Berlin Act, N^. 3. Monoraildum cdv.hiunicalc'd by (he BclgUni Minisi^)\ April 2"), 1908. bANS \v Memorandum remis le 30 Mar.?, 1D08, pai' Sir Artlmr Hardiuge ail Ministre de.s Affaires f^trangeres le Gouveniement de Sa Majestu Britannique, .sans vouloir jjr^'Ciser les retbrhies a accomplir an Congo — ce qui ne rentrerait pas, comme il l^} declare lui-nu'aue, dans .scs attributions -'Jniet cepeudant le va'U de voir la BeJgiquu 35 amdliorer, apres I'annexioii, le .sort dts populations indigenes, eii s'abstenant de les charger d'iniputs excessil's, en le\u- octroyaut une etendue de terres suffisunte pour qu'ils puissent trafi(pier de leurs pi-oduits, et en leur perniettant d'entrer en relations directes avec les connnerf;a,nt.s eti'angers, autorist's eux-niemes a acqudrir des immeubles dansj tputes les parties de la future Colon ie. Lo Gouvernemcnt du Roi prend acte volontiers de Tassm-ance donn^e par le Gouvernenient de Sa Majtste Britannique " d'oviter toute demarche susceptible d'etre interprdt^e comme empi^tant siu' I'absolue liberty de la Belgique en ce qui concerne la gestion future des affaires interieures du Congo." Cettc assurance concorde avec le sentiment unauime du Gouvernemcnt et des Chambres Beiges de regler dans une compliite libei'tc d'action et dans la plenitude de leur souverainetd interieure la question de la rejirise du Congo. De son cote, le Gouvernenient do Sa M:ijestc Britannicjue a certainement suivi les deliberations de la Commission de dix-.sept membres, nommee par la Chambre des llepre- sentants, jiour I'examen des projets coloniaux, et il aura constate I'importance que le Gouvernemcnt Beige attache ii conserver un controle absolu sur les affaires du Congo, devenu une Colonie. Sous ce rapport le Projet de Loi Coloniale soimiis aux deliberations du Parlement peut soutenir la comparaison avec les legislations c[ui regissent les autres Colonies. Sans doute cette loi delegue au jDouvoir executif le droit d'arreter par Decret des dispositions legales, mais il importe de remarquer que le Parlement conserve le pouvoir de legiferer, et que ses decisions devront toujours prdvaloir. S'il est impossible de ju'eciser des main tenant dans le detail les mesures c|ui seront j^rises, il est hors de doute qu'elles seront inspirees par les idees les plus gendreuses. La question de ramelioration du sorb des indigenes Congolais n'excite pas en Belgique \me moius grande sollicitude qu'en Angleterre. EUe est une des plus nobles preoccupations de notre pays, pdndtrd de la haute mission civili-satrice qui lui incombe en Afrique. Deja le Gouvernenient du Eoi, fidele interprete des sentiments de la nation, a saisi Toccasion de caracteiiser publiquement a la tribune la tache qu'il entend remplir au Congo. Le Chef du Cabinet a dit recemment au Senat qu'en attendant de pouvoir gen^raliser parmi ]es_ indigenes I'usage de la monnaie, qui commence :\ etre conuue de ces populations, I'Etat veillerait a ce que Timpot fut modere et le travail manuel equitablement remundre, qu'il chercherait a introduire dans toutes les parties du territoire des modes de cultiu-e perfectionnes, a etablir les negres, encore en partie nomades, sur un sol qui leur appartienne, ou ils puissent fonder un foyer stable. 11 a ajoute que leurs aptitudes commerciales seraient developpees, et qu'on leur fournirait les moyens de les exercer par des rapports multiples avec ceux qui leur apportent les bienfaits de la civilisation. Ces declarations out ete confirmees par le Chef du Cabinet lui-meme et par lo Ministre des Affaires Etrangeres dans les discours qu'ils ont prononces, le 15 Avril, a la Chambre des Ptepresentants. M. Schollaert, revenant sur ce qu'il avait dit au Seuat, s'est exprimd notamment ea ces termes : — " Apres avoir supprimd le jugement par le poison, la traite des esclaves, le cannibalisnie, nous devons nous effbrcer d'assurer aux populations indigenes plus de bien-etre ; nous devons repandre et gendraliser I'usage de la monnaie ; nous devons arriver h, etablir le paiement de Timpot en argent ; nous devons tendre h, supprimer le travail force ; nous devons continuer les efforts deja tentds pour diminuer les corvdes, surtout celle du portage ; nous devons, par de tr^s larges et tres genereuses Concessions de terres, dtendre les proprietds des indigenes. Nous devons leur assurer aussi une bonne et prompte justice, integre, inipartiale, dclairee, independante, et suflisamment nombreuse." En ce qui concerne I'impot indigene, le Gouvernenient du Roi considere que son taux doit etre proportionne aux facultds des oontribuables, de fecon a rester modere. II estime dgalement que I'impot en travail, a demander il I'indigene, incapable de se liberer en argent — mode de prestation dont la legitimite est reconuue par le memoire annexe au Memorandum — n'est qu'une mesure temporaire et provi.soire destinde a disparaitre progressivement au fur et tl mesure de I'introduction de la monnaie, introduction que le Gouvernenient du Roi, comme I'a annonce le Chef du Cabinet, est decide a favoriser de tous ses efforts. C'est dire que le travail force — si par Ih, Ton entend I'impfit payd sous cette forme — n'est appele h, se maintenir au Congo que dans les niemes limites et les memos conditions de necessite oil il existe dans les Colonies etrangeres. En tous ens, le principe de la liberte individuelle, pos^ dans le Proiet de Loi Coloniule, eet exclusif de toute coutrainte autre ; lea indigenes ne pen vent etre forces d'une maniere directe ou iudireote, leamueres cm non, a fouruiv leur travail aiix Societes uoBcessionnaires, pas plus qu'k loute auti'e entreprise privee ; la main-d'oeuvre ne peut otre que volontaire et a des conditions de salaire libremeut consenties, Lorsqu'il a eu counaissauce du langage tenu par MM. Schollaert et Davigaou, le Gouvernement Britannique a p\i ae couvainoro que dfes le moment ou il a decide da souniettre aux Chambres le Projet de Keprise, le Gouvernement du lioi a pris la forme resolution de n'epargner aucun sacrifice en vue d'atteindre le but civilisateur qu'il a devant les yeux, et qui tend h. developper la morality des races primitives peuplaut le Congo, aussi bien qu'a transformer les conditions niaterielles de leur existence. A I'etranger on ne peut manquer d'apprecier la valeur et la portee de ces declara- tions repetdes, faites devant les Chambres. Faut-il ajouter que le Gouvernement du Eoi s'appliquera a les mettre eu pratique aussit6t que la reprise sera eftectuee ? C'est apres I'annexion seulement qu'il exercera 8ur rAdministration de I'Etat le controle et les pouvoirs determines par la Loi Coloniale, lui permettant d'arreter avec la diligence requise, et dans I'esprit qu'il vient de rappeler, les refornies que la situation I'endra op))ortunes ou indispensables. II est certain, comme il a ^te dit plus haut, quel'appui de I'opiuion publique et le concours du Parlement, dont la part d'intervention sera reglee par la Loi Coloniale, ue lui feront pas defeut pour suivre la voie qu'il s'est tracce. Au desir d'assurer la protection des negres, qui fait le principal objet de ses preoccupations humauitaires, le Gouvernement de Sa Majeste Britannique a rattache celui de ^'Qir garantir au Congo la liberte du commerce, un des buts de I'Acte de Berlin. Fiddle, selon ses traditions constantes, h, observer les Traites qu'elle a signes, et se rendaut un compte exact des obligations qu'elle a contractees aux Conferences de Berlin et de Eruxelles, la Belgique a la ferme intention qu'il y ait au Congo le regime ^oonomique le plus large, et que I'expansion du commerce et de I'industrie y soit favorisee dans la mesure la plus libdrale sans distinguer entre les nationaux et les dtran^ers. Ainsi, elle fera en sorte, comme I'a encore declari^ tl la Cbarabre le Chef du Cabinet, que les particuliers, ^ quelque nationality qu'ils appartiennent, puissent acquerir les terrains qui leur sont neoessaires pour I'exercice de leur tratic et de leurs professions. Ces principes lui serviront de regulateur dans le gouvernement de sa future Colouie, et elle veillera c\ leur loyale et eutiere application. En ce qui concerne I'existence des Compagnies concessioniaaires, le Memorandum Anglais craint que leur conservation ne liraite la liberte d'action du Gouvernement Beige dans les territoires qu'elles occupent. Ls syateme des Concessions, employed meme dans certaines parties du bassin conventionnel relevant de la couronne Britannique, a cv66 dans I'Etat du Congo des droits aux concessiomiaires. 11 taut, notamment, tenir conqite des interets etrangers engages dans ces cntreprises. II est par centre il remarquer que le maintien des compagnies n'exclut pas la possibilite d'arrangemonts nouveaux. D'uu autre cote, les Actes de Concession ne mettent pas obstacle tl ce que le Gouvernement, dans la splifere d'action des Compagnies, reconnaisse aux indigenes des I droits d'oocupatioQ tres etendus, comprenant la libre disposition des produits du sol, ni h, ce (ju'il puisse y concedor aux commer^auts nationaux et etrangers des terrains pour rctablissement de factoreries. Mais, avant de se mettre il la taclie, la Belgique aurii h, comparer co (ju'elle veut faire avec ce qui adtd fait dans les Colonies voisines soumises egaleniunt aux prescriptions de I'Acte de Berlin, h examiner comment y sont appliques les principes qu'il a (Idictds, a voir comment on y concilie avec la pratique de la liberte couunerciale les droits accordds il des Socictds ou h des jiarticuliers. Le respect que le Gouvernement du Roi a toujours profess^ pour les engagements residtant des Traitds pourrait le dispenser de rupondre a la dcrniere (piestion posde par le Gouvernement de Sa Majeste Britanniciue. II n'eprouve aucune difficult^ h recoiuiaitre • ju'uue egale pi-otection doit dtvQ acquise, sans dictinotion de oulte, ainsi que le A'eut I'Acte de Berlin, aux institutions religieuses, scientiiiquos, ot cbaritables ayant leur champ d'action au Congo, et que les sujets Britanniques doivent y jouir de tons les aviiutages jjrevus en leur fiiveur par la Convention Anglo-Congolaise antdrieure tl cet Acte dq:)lomatI(jue. Tels sont les desseins que le Gouvernement du Itoi mcltrn a execution, on assiunant devant le nionde la responsabilitd qu'cutraine I'administration de son futur dumaine colonial. lis se rcsument ainsi : anicliia'ation imtnddiate des conditions d'existeiicd morales et materielles des lialjitnnts du Congo, exteusion aussi lapide que possible d'uu regime de liberte economique aux diftei'entes parties de ce vastc pays. 37 Le Gouvenioment de Sa Majesto Brituuuique, dit le Memorandum, avait ea rintention di^ ruclamer im arliitra^'e, pour faire decidMi' si le rogime foiicier et commercial cUibli dans I'Etat ludcpeiidaut est conforme aux ArticleH I ot V do I'Aote Guiiural de Berlin. Nourrissaiit I'fspuir (jiui I'Ktat ]ndc{mHdant sera procLainemtMit annexd h, la Belgi({ue, il a cru pref'urablo de difterer tonto pi'oposition en ce sens ot de disouter la situation actuelle avec le Gouvcrnemont Beige daus Ics intentions Ics jtlus aaiicale.s et les plus fraiiches. Le Gouvernemeut Beige partage cette opinion ])our les motifs qu'indiquo le Memorandum. Apr^s avoir expose les vuos tpi'il a I'intention de realiser lorsque rannexion du Congo, que Ton pent desormais unvisager conuiie procliaine, sera effectuee, il se plait a constater que ses intentions se rencontrent aveo les ddsirs du Gouvernement Britanni(|ue de nianiere .\ rendre .superfine une decision arbitrale ])ortant sur les(piestions d'interpretation de I'Acte de Berliii qui out etc dcl)attucs entre I'l'^tat Tndependunt et 1^. Gi'ande-Bretagne, (Translation.) IN the Memorandum Avliieli Sir A. Hardinge left at the Ministry of Foreign Affairs on the 30tli ]\rarcli, 1908, the Government of His Britannic Majesty, -without wishing to lay down definitely Avhat reforms should he^ introduced in the Congo, which would not, as they admit themselves, come within their province, gave expres- sion to the hope that, after the annexation of the country, Belgium would introduce ameliorations into the lot of the natives by refraining from loading them with excessive taxes, by granting them enough land to permit of their trading in its products, and by allowing them to enter into direct relations with foreign merchants, who would them- selves be authorized to acquii-e real property in all parts of the futvu'e Colony, The Government of the King are happy to take act of the assurance given by the Government of His Britannic Majesty " to abstain from any act which might be construed as interfering with the complete liberty of action of the Belgian Government in the future management of the internal affairs of the Congo." This assurance is in complete harmony with the unanimous sentiment of the Belgian Government and Chambers that they should have fidl liberty of action in the question of the annexation of the Congo, and that it shoidd be settled 1-)y them in the fullness of their internal sovereign rights. On their side the Government of His Britannic Majesty have without doubt followed the deliberations of the Commission of XVII, nominated by the Chamber of Representatives in order to study the proposed systems of colonial administration, and they will not have failed to recognize the importance which the Belgian Government attach to retaining fnll control over the affairs of the Congo when it shall have become a Colony. In this connection, the draft Colonial Law submitted to Parliament can stand comparison with the systems under Avhich other Colonies are governed. It is true that under the provisions of this Law the Executive possesses the right of decreeing legal measures, but it must be remembered that Parliament reserves to itself the right of actual legislation and that its decisions have to prevail. If it is impossible as yet to state definitely and in detail the measures to be introduced, it is beyond doubt that they will be inspired by the most generous sentiments. The c[uestion of improving the lot of the natives is not less a matter of solicitude in Belgium than it is in England. It is one of the loftiest preoccupations of our countr^s which is fidly sensible of the importance of the civilizing mission which falls to its lot in Africa. Already the Govermnent of the King, faithfully interpreting the national sentiment, have taken the opportunity of defining publicly in Parliament the task which they intend to carry out in the Congo. The l^rime ilinister (" Chef du Cabinet ") stated recently in the Senate that, while waiting for the moment when it would be possible to make the employment of currency — the use of which is already beginning to be understood by the natives — general amongst them, the Stat(! would see that taxation was reduced and uianual labour fairly recompensed, and that it would seek to introduce an improved method of cultivation into all parts of the territorj'- and to establish the negroes, who are still in part nomadic, on soil Avhich would belong to them and on Avliich they could found permanent homes. He added that their aptitude for commerce would be developed, and that they would be furnished with means of exercising it by numerous facilities for intercourse with those who bring them the benefits of civilization. 38 These statements were confirmed by tlie Prime Minister himself and Ly the Minister for Foreign Affairs in the speeches dehvered by them on the 15th April in the Chamber of Representatives. M. Schollaert, notably, referring to what he had said in the Senate, expressed himself in the following tenns : — *' Having abolished trial by the ordeal of poison, and having suppressed the Slave Trade and cannibalism, we must endeavour to secure greater comfort for the native population ; Ave must extend and make general the use of currency ; we must aim at securing the payment of taxes in money ; we must direct our efforts towards doing awaj' with forced labour ; Ave must continue the efforts Avhich have already been made to diminish the amount of laljour exacted from the natives, especially in connection Avith porterage ; Ave must increase the property of the natives by granting them very large and very generous concessions of land ; Ave must secure to them sufficiently numerous facilities for obtaining a good and prompt system of justice, administered in a spirit of integrity, impartiality, enlightenment, and independence." As far as the taxation of the natiA'es is concerned, the Government of the King consider that the amount should he j^roportioned to the circumstances of the tax-payer, so as to remain moderate. They also consider that the labour tax AA'hich would be required from natives unalde to pay their taxes in money — a form of tax jjayment, the legality of Avhich is recognized by the statement annexed to the Memorandum — is only a temporary and j)rovisional measure which is destined gradually to disappear pari passu with the introduction of currencj", Avhich, as the Prime Minister has already annoimced, the Government of the King liave decided to promote Avitli all their might. This means that forced labour — if by that is understood the payment of taxes in that form — Avill only be maintained in the Congo subject to the same limits and the conditions of necessity in Avhich it exists in the Colonies of other nations. In any case the principle of individual liberty laid down in the draft Colonial Law is free from anj' further restrictions whatsoever ; the natives cannot be forced, either directly or indirectly, Avith or without payment, to furnish their labour to concessionary Companies any more than to any other private enterprise ; labour can only be voluntary, and on terms of jDayment agreed upon Avithout the exercise of auy pressure. As soon as the GoA^ernment of His Britannic Majesty Avere aware of the language held by MM. Schollaert and Davignon, they AA-ere able to convince themselves that, from the moment that the Government of the King decided to lay befoi'e the Chambers the annexation project, they Avere firmly resolved to spare no sacrifice for the purpose of attaining the end Avhich they have set before themselA'es, an end Avhich has for its object the civilization of the Ciongo, and Avhich tends to develop the morality of the primitiA'e races inhabiting that country, as well as to transform the material conditions of their existence. The AA'eight and scope of these repeated declarations before the Chambers cannot fail to be appreciated abroad. Is it necessary to add that the Government of the KingAvill set about imtting them in practice as soon as the transfer "is completed ? It is only after annexation has taken place that they Avill exercise over the Administration of the State the control and the poAvers determined by the Colonial LaAv, AA'hich Avill permit them to draAv up, with the necessary diligence and in the spirit already referred to, the reforms Avhich the situation renders opportune or indispensable. It is certain, as has been said above, that the support of public opinion and the co-oporation of Parliament, AAdiose poAvers of intervention Avill be regulated by the Colonial Law, Avill not fail the (iov(>rnment Avheu they commence to foUoAv the path Avhich they have traced out for themseh'es. The desire to secure the i-)rotection of the negroes is the principal end of the humanitarian preoccupations of His Britannic ]\laj(>sty's Government, but 1o this they also add the desire to see guaranteed in the Congo freedom of commerce one of the objects of the Berlin Act. Faithful, according to her invariable custom, in the observance of the Treaties which she has signed, and fully recognizing the obligations which she has contracted at the Berlin and Brussels Conferences, Belgimn is firmly resolved that there shall be in the Congo the Avidest economic system, and that the exi^ansion of commerce and of industry shall be furthered in the most liberal manner Avithout distinctions being made between Belgian subjects and foreigners. Thus she Avill so act that, as has already been stated by the Prime ^Minister in the Chambers, private people, to whateA'er nationality they may belong, will !)(> able to acquire the lands necessary for the prosecution of their commerce ami n\' tlidi- dccupations. Tlie govern- 39 nient of tlie future Colony will Ijc regulated by these principles, and Belgium will see that they are loyally aud fully applied. With regard to the existence of concessionary Companies, the English ^lemorandum fears that their continuance will limit the liberty of action of the Belgian Government in the territories occupied by them. Under the concessionary system, which is even in force in certain portions of the Conventional basin of ihe Congo inider the British crown, the concessionnaii-es have acquired in the Free State certain vested interests. It is especially necessary that the foreign interests connected with these enterprises should be taken into account. It is, on the other liand, to be remarked that the maintenance of the Companies does not exclude the possibility of fresh arrangements being made. Moreover, the acts of concession do not prevent the Government in the sphere of action of the Companies from recognizing that the natives have very extended rights of occupation, including the free disposal of the products of the soil, or from granting to Belgian and foreign traders land on which to establish factories. But before beginning her task Belgium will have to compare what she pi"oposes to do with what has been done in those of the neighbouring Colonies which are also subject to the stiptdations -of the Berlin Act, to examine how in those countries the principles there laid down are applied, and to see how the rights granted to Companies and individuals are brought into harmony with the practice of freedom of commerce. The respect which the Government of the King have always shown for the obligations resulting from Treaties might well dispense them from answering the last question asked by the Government of His Britannic Majesty. The Belgian Government have no hesitation in recognizing that the religions, scientitic, and charitable institutions whose field of action is the Congo should enjoy equal protection without distinction of religion, as was laid down in the Bferlin Act, and that British subjects shoidd have the benefit of all tlie advantages stipulated for in their favour by the Convention concluded between Lireat Britain and the Congo Free Slate prior to that diplomatic instrument. Such are the plans which the Government of the King will carry out, when they assmne before the world the responsibility which is involved in the administration of their future colonial possession. They can be summarized thus : an immediate amelioration in the moral and material conditions of existence of the inliabitants of the Congo, and the extension, as raj^idly as possible, of a system of economic freedom to the dift'erent regions of that vast country. The Government of His Britannic Majesty, saj's the Memorandum, had had te intention of demanding arbitration in order to decide whether the land and commercial systems established in the Free State were in conformity with Articles I and V of the General Act of Berlin. Entertaining the hope that the Free State will shortly be annexed by Belgium, they have thought it preferable to postpone any proposal in this sense and to discuss the present situation with the Belgian Government in the most open and friendly spirit. The Belgian Government share this view for the reasons indicated in the Memorandum. After having set forth the plans which they have the intention of realizing when the annexation of the Congo has taken place — an eventuality which can now be considered imminent — they are glad to find that their intentions are so much in harmony with the wishes of the Government of His Britannic Majesty as to render superfluous an arbitral decision on the questions at issue between the Free State and Great Britain regarding the interpretation of the Berlin Act. o w Cl o "^ w w p a ^. w < 03 O TJl 2! a & o o 3 0) VI >-) ►O CD ^ B tD M on? O P ^^- S B* O •-^ H r^ S M o p c*- n o' o a 3 fft} o O >-n AFRICA. No. '!• (1908). rURTIIER CORRESPONDENCE RESPECTING TEE TAXATION OF NATIYES, AND OTHER QUESTIONS, IN THE CONGO STATE. [In continuation of " Africa No. 3, 1908 " : Cd. 4135.] Presented to hoth Houses of Parliament hy Command of His Majesty. August 1908. LONDON: rrJNTED FOR HIS IMA.TESTY'S STATIONEKY OFFICE, BY HAi;UISON AND SONS, ST. MARTIN'S LANE, PRINTERS IN ORDINARY TO HIS M.\JESTY. And to be purch.ased, either directly or throiigh any Bookseller, from WYMAN AND SONS, Ltd", Feiter'Lane, E.G.; and 32, Abingdon Street, Westjiinster, S.AY. ; or OLIVER AND BOYD, Tweeddale Court, Edinburgh; or E. PONSONBY, 116, Grafton Street, Dublin. [Cd. 1178.] Price 2d. LIST or PAPERS. No. Page 1. Sir Edward Grey to Sir A. Hardinge .. .. .. .. .. June 23, 1908 1 2. Memorandum coinmunicated to the Belgian Minister , . . . . . . , -i 23, 1 3. Sir Edward Grey to Sir A. Hardinge .. ,. .. .. ,. July 13, 3 4. M. Daviguon to Couut de Lalaing .. .. .. ,. ., .. „ 12, 4 One Inclosure. Further Correspondence respecting the Taxation of Natives, and other Questions, in the Congo State. [In continuation of " Africa No. 3, 1908 " : Cd. ^1135.] No. 1. Sir Edward Grey to Sir A. Hardincje. Sii-^ Foreign Office, June 23, 1908. ' I GAVE the Belgian Minister to-day a Memorandum, of which a copy is inclosed herewith,-'- in reply to tlie last note oi the Belgian Government ahoiit tlie Congo. In giving it, I said I understood the difficulty in which the Belgian Government were placed with regard to stating, before the question of- annexation was decided, the actual measures which they would take in the Congo. But if it was impossible to cany the discussion further at the present moment, the fact that it was not continued must not be regarded as committing us finally. . . The Belgian Government w-onld of course, in accordance with the provision of the Berlin Act which was binding iipon all the Powers, notify us of the annexation, and we must reserve our liberty to discuss the actual measures to be applied in the Congo by the Belgian Government before committing ourselves in reply to that notification. The Belgian Minister read the Memorandum, and said he would communicate it to his Government. He then asked me to be a little more explicit as to the meaning of what 1 had said to him in giving him the Memorandum. I repeated the substance of it, adding that we were quite ready to continue the discussion with the Belgian Government of the actual measures to be introduced into the Congo to give effect to the Treaty obligations which they had admitted and the intentions they had expressed. But if the Belgian Government found it difficult to carry the matter further while annexation was under discussion, we must reserve our liberty to raise more definite points later on. In other words, I was not_ prepared to announce at the present moment that the assurances which -vye had received from the Belgian Government were complete, and should be accepted in Parliament here as having disposed of the whole question. I told Count de Lalaing, however, that in my opinion the pulilication of the docmnents which had passed hitherto had produced a good effect here. The tone of the controversy had been very much ameliorated by the nature of the replies which the Belgian Government had given. They were on quite a different footing from those of the Congo Government, which had excited such strong feelings of indignation here. The Belgian Minister said that the effect had been good in Belgium also. I am, &c. (Signed) E. GREY. No. 2. Memorandum communicated to the Belgian Minister, June 23, 1908. ON the 25th April the Secretary of State for Foreign Affairs had the honour to receive from the Belgian Minister a Memorandumt on the subject of the reforms to be introduced into the Independent State of the Congo in reply to a communication made to the Belgian Minister for Foreign Affairs by His Majesty's ^linister in Brussels. From the contents of this Memorandum it appears that the Belgian Government are resolutely determined to retain complete control over the affairs of the Congo as soon as it shall have become a Colony, and that the measures of reform wliich, with the * See No, 2. f See No. 3, "Africa No. 3 (1908)." [742] B 2 sanction of Parliament, it may be necessary to introduce ■u'ill be inspired by the most generous sentiments. The Belgian Government likewise declare that the question of improving the lot of the natives is one of great solicitude to them, and call attention to the recent speeches of the Prime ^Minister and the Minister for Foreign Affairs, in which they have announced the intention of the Government to develop the aptitude of the natives for commerce, and to furnish them veitli the means of exercising it by afft)rdiug them numerous facilities for intercourse with those avIio bring them the benefits of civilization. The Belgian Government also consider that the taxation of the natives of the Congo sliould be on a moderate scale, and in proportion to the circumstances of the taxpayers, and that the labour tax required from natives, who are imable to pay their taxes in money, is only a temporary and provisional measure, destined to disappear gradually with the introduction and increased circulation of currency, which they will make every effort to encourage. In any case, the principle of individual liberty without constraint will Ije upheld, and the natives will not be compelled, either directly or indirectly, to furnish labour to the Concessionary Companies or to any other private enterprise. If they do voluntarily work for a private employer, it will be at a rate of wages to which the labourer has consented of his own free will. The Belgian Government further declare that, in accordance with Treaty obligations contracted at the Conferences of Berlin and Brussels, commerce and industry in the Congo shall be developed in the most advanced and lil^eral manner, and without any distinctions being n ade between their own subjects and those of other nationalities. With regard to the existence of Concessionary Companies, and the question whether their coutinuauce in the Congo will in any way limit the liberty of action of the Belgian Government iu the territories occupied by them, it is stated that the acts of concession to such Companies are not of such a nature as to prevent the Government in the sphere of action of those Companies from recognizing that the native popiilation possesses very extended rights of occupation, together with the free disposal by them of the products of the soil. It is also stated that the Belgian Government will not be precluded from granting to foreign as well as Belgian traders sites for factories within the areas assigned to the Concessionai'y .Companies. Before, however, carrying out these intentions, the Belgian Government will have to examine the principles applied in neighbouring (Jolonies similarly situated, and to see how freedom of commerce is there reconciled with privileges granted to Companies or private individuals. Further, the Belgian Government declare that they have no hesitation in recognizing that the religious, scientific, and charitable institutions in the Congo shall enjoy equal protection without distinction of religion, as laid down in the Berlin Act, and that British subjects shall have the benefit of all the advantages stipulated for in their favour by the Convention concluded between Great Britain and the Congo Free State prior to the signature of tliat diplomatic instrument. His Majesty's Government have taken note with the liveliest satisfaction of the assurances which have now been given to them of the intentions of the Belgian Government, in the future administration of the Congo, to obtain an immediate im- provement in the moral and material conditions of existence of the natives^and aS rapid an extension as possible of a system of economic liberty in the different jDortions of this vast territory, and they have learnt with much pleasure that the Belgian Government consider their intei-pretation of the ccminercial clauses of the Berlin Act to be so far in conformity Avith the views of His JVlajesty's Government as to render unnecessary any recourse to arbitration on the subject. His Majesty's Government also take note of the opinion of the Belgian Government to the effect that it is only after the annexation of the Congo territories that they will be in a ])osition to decide, without undue delay, upon the reforms rendered indis- pensable by the local situation. His Majesty's Government have considered the advisability of asking that some engagement shoidd be given on the part of the Belgian Government as to the total abolition of a labour tax in any form within a fixed jjcriod, and that all purely com- mercial questions arising out of the Treaty ol)ligatious of the Congo State should, if the two Governments failed to ari-ive at an agreement resjiecting them, be referred to arbitration. His Majesty's Government are informed that a suggestion to this effect was made ij) the course of an informal conversation to the Belgian Minister for Foreign Affairs by 3 His Majesty's Mluister at Brussels, and that a Memorandiun ou the subject has been prosontod to his ExcoUonry on Ix^lialf ol' the Govermnent of the United States. Tlu'v rocoonize, aftcM- a lull consideration ol: the Mcnioraiuhnu presented on the 2r)th April l)y Count de Lahiing, the difUcuhy ol' insisting upon the total abolition at a deOnitc date of a lal)oiir tax in any form, and they do not desire to press for the fixing of such a dat(? provided the measures necessary for remedying the abuses which still exist in the Congo State, more especially in respect of the treatment of the natives, are taken without delay, and that existing or future Concessions are interpreted in such a way as to recognize the extended rights of occupation of the native population and their freedom to dispose of the natural pirodncts of the soil already referred to. They would, however, welcome a formal assurance that the Belgian Ciovernment will not refuse, if invited by them to do so, to refer in the last resort to arbitration any diil'erences of view^ as to the meaning of those Articles in the Treaties binding the Congo State wdiich bear on commercial questions, should an agreement between the two tiovernments respecting them be unattainable by ordinary diphnnatic methods. Throughout the whole course of the negotiations on the subject of the Congo, His Majesty's rJoverniuent huA-e been animated by the most friendly sentiments towards the Belgian Ciovernment and people, with whom they are united b.y so many ties. Confident that their sentiments of friendship are reciprocated by the Belgian Govern- ment, His Majesty's Government, as a neighbour in Africa of the Government of the Congo, and having important Treaty rights and interests in those territories, woidd urge upon them the desirability of aTording at the earliest possible moment some deiinite statement, as distinct from general assurances, of the measures they propose to take to give effect to their intention to respect the Treaty rights as explained in the correspondence which has taken place between the two Governments. Such statements would have the advantage of placiiig His Majesty's Government in a position to satisfy public opinion in this country- that their acquiescence in the transfer of the Congo State to Belgium will not be inconsistent with the duties^ and responsibilities-asaumed bv Great liritain when first she recog-uized the International Association and subscribed to the Acts of Berlin and Brussels. Foreign Office, June 23, 1908. No. 3. Sir Edward Grey to Sir A. Hardinge, Su-, ■ Foreign Office, July 13, 1908. THE Belgian Minister handed nie to-day a Memorandum, copy of which is inclosed herewith, "■■• which he informed me was the reply of the Belgian Government to the Memorandiun of the 23rd June, which I had given them. After handing me this reply the Belgian Minister read to me the communication, of wdiich a copy is also inclosed. | I told him that I must study the reply of the Belgian Goveriiment, and that I would not attempt to read it on the spot. I should also need time to consider the points which he had raised in the communication he had been instructed to make to me. They referred to the wording of an Article in the Berlin Act, which I must look lip. Certainly it had not occurred to me that the words of the Article might be so limited as not to apply to a transfer. The Belgian Minister said that the Article applied to " taking possession," but in this case Belgimn was simply "inheriting." I told him it seemed to me that when one Government relinquished possession, and handed over territory to another Government, the latter Government must be regarded as taking possession of the territory. I observed generally that what the Belgian ilinister had read seemed to imply that it was a more simple matter for Belgium to take over the Congo than it would be "if she had to take over something with which she had had no jjrevious comiection. He remarked that he did not think " simple " -\vas the word used. I explained that what I meant was this : From our point of view the fact that we already had Treaty rights in the Congo State, and had been in acute disagreement with the Government of that State about those rights, complicated the matter"^ because • Inclosure in No. 4. ■]• No. l. if one State was in acnte disagreement witli another abont Treaty riglits, and proposed to transfer its territory to a third State, then the Slate wliich considered itself aggrieved, as Ave considered ourselves aggrieved hy the disagreement about our Treaty rights, would naturally be much more particular in making conditions with the third State, who was the transferee, than it would be if that State was taking over territory Avhich had previously been vacant, or about Avhich the aggrieved State had had no dispute. T should, however, require time to study the Belgian reply, and to reflect at leisure upon what Count de Lalaing had said. I am, &c. (Signed) E. GREY. [24535] No. 4. M. Davignon to Count de Lalaincj. — {Communicated to Sir E. Grey, July 13.) Ministere des Affaires Etrangeres, Bruxelles, M. le Comte, le 12 Juillet, 1908. J'AI I'honneur de a-ous prier de remettre au Sous-Secretaire d'Etat de Sa Majeste pour les Affaires Etrangeres le docinneut que a'ous trouverez ci-inclus. C'est la repouse du Gouvernement du Roi au Memorandum, date du 23 Juin, que Sir Edward Grey a^ous avait demande de lui faire parvenir. En vous le remettant son Excellence a^ous aA'ait dit que si I'echauge de A'ues entre les deux Gouvernements ne se poursuivait pas, quoique le Foreign Office fut tout dispose a le continuer dans le cas ou nous en luanifesterions le desir, il ne fallait j^as en conclure c[ue le GoTivernement Britannic[ue se croirait tenu de reconnaitre sans restriction le transfert du Congo a la Belgicjue, qui lui serait notifie par la suite. M. le Ministre avait ajoute que le Caljinet de Londres faisait siir ce point toutes ses reserves, et cpie sa reponse dependrait des assurances ulterieures et plus detaillees que le Gouvernement du Roi jugerait bon de lui donner apres I'annexion, si elle avait lieu. La communication que vous a faite Sir EdAvard Grey appelle une reponse de notre part. Nous ne A-oidons pas discuter ici la cj^uestion de savoir si I'Article 34 de I'Acte de Berlin, f[ui fixe les conditions a remplir pour que des occupations noiivelles sur les cotes du continent Africain soient considerees comme effectiA'es, est applicable a la Belgicj^ue dans le cas actuel. Le titre seul du Chajiitre VI, dont fait partie I'Article 34, et letextememe de cet Article, indicpient Ifien qu'il ne s'agit cpie de prises de possession par la voie de I'occupation ou de retal)lissement de Protectorats, et non pas du transfert d'un G-ouvernement regulier exerce j^ar des blancs a un, autre Gouvernement sous le meme Souverain, telle que se presente I'annexion de I'Etat du Congo a la Belgique. Le but de la Conference de Berlin, en elaljorant les Articles 34 et 35, qui composent a eux seuls le Chapitre VI, a ete d'empecher les annexions fictives et les causes de conflits cpii en resulteraient, comme le prouvent les debats et les commentaires c[ue la disciission de ces Articles a provoques, et notamment le discours prononce par le Prince de Bismarck dans la seance du 15 Novembre, 1884, de la Conference. Nous ne pensons pas, d'autre part, que les intcrets legitimes de I'Angleterre soient leses en aucune faq-on par la reprise du Congo. Sans A'ouloir contester le moins du monde au Gouvernement Britannique le droit d'examiner cette question, nous attendons avec une pleine confiance los resultats de son examon. Les interets de la (irande Bretagne au Congo se resument dans le respect des droits qu'elle tient des Traites. Sous ce rapport la longue experience qu'elle a faite de la fidelite mise ])ar la lielgique a remplir ses engagements doit lui inspirer une comj^lete securite, puisque les obligations inlor- uatioiiales contractees par ri">tat du Congo continueront a Her son successeur, signataire lui-meme de I'Acte de Berlin. La reunion de I'Etat Independant a la Belgicpie a ete envisagee des le commencement de son existence, tant a I'etranger que dans notre pays, comme le ternie final de son developpement nature!. L'union persomielle, donnant awx deux Ltats le meme Souverain, a toujours fait considerer le Congo comme une future Colonic Beige, soumise, en attendant, a un regime d'autonomie particidiere. En 1889 le Roi leguait le LUmgo a la Belgique ; drs rannee suivante, cinq ans a peine apres la Conference de Berlin, des liens conventif)nnels plus etroits ont et^ contractes par notre pays avec I'Etat Independant ; ils dcA'aient se transformer a bref delai en une union definitive, que des considerations de j)olitic),iie interieure ont seules fait retarder jusqu'a aujourd'hui. Oil ehoreliorait en vain comment une annexion j)reparee d'aussi longue date sous TaMl bitMiveillant des Puissances pourrait contrarier les interets de I'Angleterre. Le Gouvernement Britannique lui-meme n'a pas seidement reconnu par ses declarations au Parlemeut que la llelgiqiie avait sur le Congo des droits qu'aucune autre Puissance ne possede ; il s'est plu en outre a oonstater, des le debut de cet echango de vues, dans la communication faite le 23 Janvier dernier au Cabinet de Bruxelles, que le transfert de I'Etat Independant a notre pays serait la meilleure solution des differends qui avaient surgi entre I'Angleterre et cet Ktat. Les considerations qui precedent et la conscience qiie le Gouvernement Beige a de pouvoir remplir dignement la haute mission civilisa- trice qui lui incombe, lui inspirent la ferme confiance que le transfert du Congo a la Belgiquo sera accueilli par I'Angleterre sans aucunes restrictions. Si cet espoir ue se coniirmait pas, le Gouvernement du Roi reste persuade qu'en le voyant a I'oeuvre, en appreciant les residtats obtenus par I'administration Beige au Congo, le Gouvernement Britannique ne persisterait pas dans ses reserves. Vous donnerez lecture a son Excellence de la j^resente depcche et au besoin vous lui en laisserez copie. Xoua previendrez en meme temps le Ministre que le Gouverne- ment Beige desirerait communiquer au Parlemeut la derniere partie de cette corre- spondance avaut la fin des debats aiixquels donne lieu la reprise du Congo. Cette publication se ferait dans pen de jours. Yeuillez, &c. (Signe) DAVIGNON. (Translation.) MinisLrij for Foreign Affairs, Brussels, M. le Comte, _ July 12, 1908. I HAVE the honour to request you to transmit to His Majesty's Under-Secretary of State for Foreign Affairs the accompanying document, which is the reply of the King's Government to the ]\Iemorandum of the 23rd Jime which Sir E. Grey asked you to forward to it. In handing you this Memorandum, his Excellency had informed you that if the exchange of views between the two Governments were not continued, although the Foreign Office was quite willing to continue it, should we desire it, it must not be inferred that the British Governiueut would consider itself bound to recognize uncon- ditionally the transfer of the Congo to Belgium, which woidd l)e notified to it subse- quently. His Excellency had added that the British Government reserved entire freedom on this point, and that its answer would depend upon the further and more detailed assurances which the King's Government might think fit to give it after the annexation, should it take place. The communication made to you by Sir E, Grey calls for a reply from us. We do not here wish to discuss the question as to whether Article 34 of the Berlin Act, which fixes the conditions necessary for the recognition as effective of fresh occupations on the coasts of the African Continent applies to Belgium in this particular case. The very title of Chapter VI, of which Article 34 forms part, and the text of the Article itself, show clearly that they only deal with the taking possession by means of new occupation or of the establishment of Protectorates, and not with the transfer of one regular Government carried on by Whites to another Government imder the same Sovereign, as in the case of the annexation of the Congo to Belgiitm. The object of the Berlin Conference in drawing up Articles 34 and 35, which together make up Chapter VI, was to prevent fictitious annexations and the causes of conflict which would residt therefrom, as is proved by the debates and comments called forth by the discussion of these Articles, more especially the speech made by Prince Bismarck at the meeting of the Conference held on the 1.5th November, 1884. Moreover, we do not consider that the legitimate interests of England would in any way be injured by the annexation of the Congo. Without in the least desiring to contest the right of the British Government to examine this question, we await with complete confidence the result of this examination. The interests of Great Britain in the Congo may be expressed as consisting in the observance of its Treaty rights. In this respect, it must derive a feeling of conqilete security from the long experience of the good faith shown by Belgium in fulfilling its engagements, for the international obligations of the Congo State will continue to bind its successor, itself a party to the Berlin Act. The incorporation of the Independent State with Belgium has from the very first been looked to, in other coimtries as well as in our own coimtry, as the final stage of its natural development. The personal union which gave the same Sovereign to the two States lias always caused the Congo to be regarded as a future Belgian Colony, which received in the meantime a special form of autonomy. In 1889 the King bequeathed the Congo to Belgium ; in the folloAving year, scarcely five years after the Berlin Conference, closer conventional bonds wei-e established l)y our country with the Independent State ; it was intended that these bonds should shortly be converted into a definite rmion, which has only been hitherto delayed by considerations of internal policy. It would be difficult to imagine how an annexation so long prepared with the goodwill of the Powers coiild interfere with British interests. Not only has the British Govein- nieut recognized by its declarations in Parliament that ]3elgium had oyer the Congo rights which no other Power possesses, but it has been so good as to state, at the com- mencement of this exchange of views, in its communication of the 23rd Januarj- last to the Cabinet of Brussels, that the transfer of the Independent State to our country would be the best solution of the differences which had arisen between England and that State. The Belgian Government, bearing in mind the above considerations, and confident that it is capable of fuUilling worthily the great civilizing mission about to fall to it, feels convinced that the transfer of the Congo to Belgium will be accepted by England without any reservations. Even were this hope not realized, the King's Government, nevertheless, believes that when the British Government sees it at work it will not persist in its reservations when it has realized the results obtained by the Belgian Administration in the Congo. You will read this despatch to his Excellency, and, if necessary, you will leave a copj^ of it with him. You will at the same time notify to his Excellency that the Belgian Government is anxious to communicate to Parliament the latter part of this correspondence before the close of the debates to which the annexation of the Congo has given rise. This publication will take place in a few days' time. 1 have, &c. (Signed) DAVIGNON. Inclosure in Xo. 4. Memorandum. EN prenant connalssance du Memorandum remis le 23 Juin au Comte de Lalaing par le Secretaire d'Etat de Sa Majeste Britannique pour les Affaires Etrangeres, le Gouvernement du Roi a constate, avec une satisfaction egale a celle eprouvee par le Gouvernement Britannique, I'accord qui regne entre eux au sujet des points j^rincipaux vises dans le precedent Memorandum Beige : amelioration inuuediate des conditions morales et materielles d'existence des indigenes du Congo, extension aussi rapide que possible a foutes les parties de la Colonic des progres economiqiies deja realises, appli- cation des clauses commerciales de I'Acte de Berlin dans leur teneur et leur portee. Comme le fait conuaitre le Memorandum du 23 Juin, qui nous est parvenu le 2b, le Gouvernement Britannique avait envisage I'ojiportunite de flemandor au Gouverne- ment Beige I'abcjlition totale de I'imput en travail dans mi delai determine, ainsi que le jugement par arbitrage des questions puremcnt commerciales resultant des obliga- tions Internationales contractees par I'Etat du Congo. Dans les entroticns, denues de caractere olliciel, (jui out eu lieu entre le Ministre des Affaires Etrangvres et Sir A. Hardinge, ces intentions avaient etc indiquees sans qu'elles revetissent toutefois la forme de propositions arretees. Apres avoir i)ris connalssance du Memorandum du 23 Avril, le Gouvernement Britannique s'est convaincu de la difliculle d'insisler j^our I'abolitioQ totale a une date determince de I'impot en travail. II ne cherchera done pas a obtenir la fixation de cette date, si les mesures destinees a reprimer les abus qui subsisteraient encore au Congo, particulierement eu ce qui regarde le traitement des indigenes, sont prises sans delai, et si les concessions, deja existantes et ulterieurement accordees, sont interpretces de maniere a reconnaitreles droits etendus d'occnpation des indigenes, et leur liberie de disi^oscr des j)roduits naturels du sol. Ces mesures en faveur des indigenes, le Cabinet de Bruxelles, une fois la reprise du Congo et laLoi Coloniale votees par le Parlcment, n'entend mettre aucun retard a les edicter et a les executer. II Pa declare a diverses reprises a la Cliamhre des llepresen- tants ; il a confirme ces declarations par ecritau Gouvernement Britanniiiue ; il ne pent que les repeter aujourd'hui avec la meme force et la meme sincerite. II serail dillicile, avant que les mandataires de la nation se soient prononces sur la ((ueslion nirmc dc l;i reprise ot uieiil ai)|)i'()iiv(' \r projct dc Lul ( 'oloiiiale, d'oiitror daus Ics details dc rexeciition, comiiio l(> dcmaiidc \c ('al)iiicl do Loudres ; toutei'ois, le Goxivemement du Roi, votilanl lait et les considerations d op])ortunit(', (k)Ut tout Etat, en prenant possession iVunv ("olonie deja organisce, ne saurait s'aljstenir de tenir compte. Des niaiutenant le Ciouvernemeni Beige pent alfiriner ([u'il tiendra la main a la pronipte et large execution du Decret l\oyal du o -luin, I '.)()(), sur rextcusion des terres a attribuer aux indigenes [tour leurs cultures et IcMir tralic Le nieme Decret prescrit inie enqxiete dans tons les villages, dans le hut de diHenuiner I'elendue des terrains qni doivent etre reserA'es a lenrs habitants. ij'Aduunistration nouvelle activera la marclie de cette enqnete, afin de lui I'aire prodnire le plus rapidement possible les resultats qu'on en attend. Les autorites coloniales etahliront d'line maniere complete et precise les reglements pour la mise en vente des terres domaniales, en vue de satisfaire, notamment, aux deniandes des missionnaires et des commergants. Le (lonvernement veillera scrupnlensement a ce que les conq^agnics concessionnaires n'enfreignent en rien les engagements qu'il a pris, et respectent la libcrte du travail ainsi que le droit des indigenes de disposer des prodnits du sol qui lenr sera attribne. Fant-il, enfin, rappeler qne les intentions du GouA'ernement Beige se sont traduites par les declaratioivs qu'il a faites puhliquement et dont la portee exacte n'a pas echajDpe an Gouvernement Britanniqiie, pnisqu'il les a accneillies avec la plus grande I'aveur? Exposees aux Cliambres Beiges, elles out acquis la valeur d 'engagements, dont I'execution se poursnivra sous leur controle et avec lexir concours. La soUicitude du Parlement poru- le sort des indigenes Congolais, egale a celle du Gouvernement lui-meme, s'est deja explicitement et energiquement manifestee au eoiirs des derniers debats. Le Gouvernement Britannique, apres avoir pris acte des affirmations reiterees du Galjinet Beige en ce qui concerne la loj-ale et entiere execution des engagements conventionnels contractes euvers I'Angleterre, conune envers les autres Puissances c[ui out signe les Actes des Conferences de Berlin et de Bruxelles, voudra bieu constater cpi'il possede, des maintenant, toutes les garanties cjue la Belgique est en mesure de donner. Le Memorandum du 23 duin ajoute que le Gouvernement Britanniqixe accueillerait \olontiers I'assurance que le Gouvernement Beige ne se refuserait pas, s'il y etait invite, a deferer en dernier ressort a lui arbitrage toutes les divergences de vues relatives a Tintea'pretation des Traites cpii lient I'Etat du Clongo au sujet des questions conunerciales, dans le cas oil une entente n'aurait pu s'l'tablir \y.\v les voies diplomatiques ordinaires. Ainsi foi-mulee, cette proposition a etc examinee par le (iouvernement Beige avec une attention d'antant plus serieuse qu'il a ie desir sincere de dissiper les dernieres apprehensions qui pourraient subsister encore, cjuant a I'observation dans I'avenir des clauses de I'Acte de Berlin. ]1 lui parait cependant difficile d'admettre que la Belgique, seule parmi les ]'uissanc:es Signataires de cet Acte, preune vis-a-vis de Tune d'elles iin engagement general, different en ce qui touche a I'arbitrage du principe consacre par I'Article 12. Mais le (/iouvernement du Roi tient a affirmer les sympathies qu'il conserve pour i'arbitrage, et qu'il a manifestees, en signant avec plusieurs Etats des Traites qui out rencontre au Parlement et dans le pays le plus chaleureux accneil. C'est daus le meme esprit que I'Etat du Congo a conclu, de son cote, avec I'Angieterrc^ un Accord, en vue de sonmettre a I'arbitrage du Tribunal de La Haye tonte contestation qui pourrait naitre au sujet des frontieres de I'Etat. Le Gouvernement du Roi est done (lisi"iose a declarer que, s'il etait sollicite a][3res I'aunexion dc sonmettre en dernier ressort au Tribunal Permanent de La llaye liiT difterend ^ provenant d'lme divergence d'appreciation sur 1' interpretation des Traites qui lient I'Etat du Congo, il examinerait cetto proposition avec luie biem^eillance particuliere, en s'inspirant des vues larges qui out preside a I'elaboration des Traites (ieneraux d'Arbitrage qu'il a deja signes, sous la reserve, toutefois, admise par I'Angleterre elle-meme dans des Traites analogues, cpie le difterend ne touche ni a I'houueur ni a la souverainete nationale, et en tenant [742] C 8 compte de I'applicatiou qu'il y a lieu de faire mix Traites collectifs de rArtiele 84 de I'Acte de la Conference de La Have. Get Article est ainsi con^ii : " Lorsqu'il s'agit de I'interpretation d'une Convention a laqnelle ont pavticipe d'aiitres Puissances que les parties en litige, celles-ci avertissent en temps utile toutes les Puissances Signataires. Chacune de ces Puissances a le droit d'interveuir au proces. Si line oii pliisieurs d'entre elles ont profite de cette faculte, rinterprctatiou contenue dans la sentence est egalenient obligatoire a leur egard." L'Acte de Berlin etaut nn Traite collectif, le Gouvernemeut Britanuique appreciera certainement les inconvenients et les difficultes qui resulteraient d'une application difFereute des clauses de ces Traites dans les divers territoii'es que comprend le bassiu conventionuel du Congo. Afin d'eviter ces inconvenients, il din-rait etre entendu que I'ai^plication de la decision arbitrale n'aurait lieu qu'apres I'adliesion que les autres Puissances ayant ties possessions dans le dit bassin seraient soUicitees d'y apporter. II faTit mentionner d'autre part que I'Article 6S de la Constitution Beige subordoune rempioi d'une pareille procedure au consentement du Parlement : " Les Traites de Commerce," y est-il dit, " et ceux qui pourraient grever I'Etat et lier individuellement (les 13elges, n'ont d'effet qu'apres avoir recu I'assentiment des Cliambres." Pour adopter le Conq^romis deferant a un arbitrage uue, question de nature commerciale oii dont la solution engagerait soit les finances de I'Etat, soit les interets particuliers des sujets Beiges, le Grouvernement a done absolument l)esoin de I'approbatiou parlementaire. Les considerations qui precedent ne dispensent pas le Gouvernenient du Roi de faire remarquer cpie le meilleur moyen, d'apres lui, de resoudre les questions litigieuses qui s'eleveraient apres I'annexion serait iine entente directe entre toutes les Puissances ayant des possessions dans le bassin couventionnel. II ne cache pas ses preferences pour I'emploi de cette solution, qui assurerait une interpretation conunune des clauses de I'Acte de Berlin, et il prie a son tour le Cabinet de Londres de vouloir bien I'examiuer. Le Gouvernement Britanniqiie eproiive le besoin de convaincre I'opinion publique en Angieterre que la reconnaissance du transfert du Congo a la Belgique ne sera pas contraire aux devoirs et aux responsabilites assumes par la Grande-Bretagne lorsc[u'elle a reconnu I'Association Internationale et signe les Actes de Berlin et de Bruxelles. Le Gouvernement du Roi ne doute pas que les exjjlications contenues dans ce Memorandum ne mettent les Ministres de Sa Majeste Britanuique a meme d'atteindre pleinement ce resultat. 11 ne pent terminer le present expose sans exprimer la satisfaction qu'il a ressentie en apprenant c|ue le Gouvernement Britannique attacke le meme prix cpie lui aux liens d'amitie qui imissent les deux pays depuis que la Belgique a pris place parmi les nations. 11 est superflu d'ajouter que, ces sentiments amicaux, il n'a pas cesse d'en etre anime lui-meme au coiirs de cet ecliange de vues. (Translation.) AFTER a l\dl consideration of the .Memorandinu handed to the Comte de Lalaing on the 23rd June by His Britannic Majesty's Secretary of State for Foreign Affairs, the King's Government notes with a satisfaction not less lively than that felt by the Briti»ligations of the Congo State. Suggestions to this effect were made in the (•(jurse of informal conversations which took i)lace between the Minister for Foreign Affairs and Sir .\. Hardinge, but did not, however, assume the shape of definite proposals. After a full-consideration of the Memorandum of tlu^ 23rd Ain-il," the British Govr>riuneut recognizes the dilliculty of insisting upon the total abolition of the labour tax at a delinite date. It will not therefore press for the fixing of such date, pro- vided the measures necessary for remedying flie abuses which still exist iu the Congo, • See No. 3, '• .\frifa No. 3 (11108)." more especially in respect vi tlio treatincul ul' mitivcri, are taken without delay, aud that existing or future concessions are interpreted in sucli a way as to admit the extended rights ol" occupation of llic natives, and their Freedom to dispose of the natural i>roducts of the soil. 'riie Cabinet of l^rnssels intends to issue and give effect to the said measures for impi-oving the lot of the natives, as soon as ever tlie annexation of the Congo and the Colonial Law have been voted by Parliament. It has promised the Chamber of Repre- sentatives to do so on more than one occasion ; it has confirmed this promise to the British (iovernment in writing; it can only to-day repeat its promise with the same earnestness and sincerity as before. It Avoidd be difficult to go into the details for giving effect thereto, as requested by the Cabinet of London, until the Hepresentatives of the nation have come to a decision on the actual question of annexation and have approved the Colonial Bill ; never- "theless, the King's Government, desirous of giving a fresh proof of the traditional friendiship which unites Belgium to Great Britain, will endeavour to trace here, with as much precision as possible, the measures which it proposes to take in order to carry out the programme it has drawn np. The said measures will take the form of laws, decrees, or administrative provisions, as soon as the Government has been i)i vested by the Colonial Law Avith the powers wdiich it now lacks. Conscious of its responsibdity, and in the full exercise of its sovereignty, it will accomplish this task as promptly as the existing state of affairs and considerations of expediency allow, considerations no State on taking possession of a Colony already organized can afford to ignore. The Belgian Government is ready to affirm that it will at once give prompt and full effect to'the Royal Decree of the 3rd June, 1906, with regard to the increased grant of land to the natives for cultivation and commerce. The same Decree provides that an inquiry be hekl in all villages with a view to fixing the extent of the sites which ought to be reserved to their inhabitants ; the new administration will expedite the work of this inquiry so as to make it give the expected results as cpiickly as possible. The Colonial authorities will fix, fidly and precisely, the regulations for the sale of the domain lands with a view to satisfy the requirements of the missionaries and traders more especially. The Government will take the greatest care that the concessionary companies do not in any way infringe its undertakings, and that they respect the liberty to work as well as the right of the natives to dispose of the products of the soil assigned to them. Is it llnaUy necessary to call to memory that the intentions of the Belgian Govern- ment find expression in its public declarations, the exact import of which has not escaped the British Government, for it received them most favourably? They have been submitted to the Belgian Chambers, and have thereby acquired the value of engagements, to w^hicli effect will be given under their control and with their assistance. The solicitude of Parliament for the lot of the Congolese natives equals that of the Govermnent itself, and has been explicitly and energetically manifested during the recent debates. The British Government, after having taken note of the repeated assurances of the Belgian Cabinet in regard to the loyal aud entire execution of the Treaty engage- ments contracted with England and with the other Powers which signed the Acts of the Conferences of Berlin and Brussels, will surely admit that it now possesses all the guarantees wdiich Belgium is in a position to give. The Memorandum of the 23rd June adds that the British Government woidd welcome an assurance that the Belgian Government would not refuse, if invited to do so, to refer in the last resort to arbitration any differences of view as to the meaning of those Treaties binding the Congo State which bear on commercial qiiestions, should an imderstandiug be unattainable by ordinary diplomatic methods. The above proposal, thus stated, has been examined by the Belgian Government all the more attentively, inasmuch as it is sincerely anxious to dispel the last remaining misgivings with regard to the observance in the future of the clauses of the Berlin Act. It finds it dilHcult, however, to admit that Belgium, alone among the Powers which signed the said xVct, should give to one of those Powers a general undertaking which differs as regards arbitration from the principle laid down in Article 12. The King's Government, however, is anxious to affirm the sympathy which it has always felt for arbitration, a sympathy it gave expression to by signing with several States Treaties which have met with a most enthusiastic welcome both in Parliament and in the country. In a similar spirit the Congo State concluded an Agreement on its part with England with a view to submitting to the arbitration of the Tribunal of The Hague any [742] D 10 question wliich might arise regarding the frontiers of the Congo State. The King's Government is therefore disposed to state that, if it were invited, after annexation, to refer in the last resort to the Permanent Tribxmal of The Hague any dispute arising from a divergence of opinion as to the interpretation of the Treaties binding the Congo State, it Avould give the proposal the most favourable consideration, being guided by the liberal views which inspired the preparation of the General Arbitration Treaties which it has already signed, subject to the reservation, however — a reservation recognized by England herself in analogous Treaties — that the dispute should touch neither the honour nor the national sovereignty, and not losing sight of the desirability of applying to collective Treaties Article Si^ of the Act of the Conference of The Hague. This Article runs as follows : " Wlien there is a question as to the interpretation of a Convention of which other Powers are Signatories, the parties to the proceedings shall inform all the Signatory Powers in good time. Each of these Powers is entitled to intervene in the proceeding. H one or more avail themselves of the right, the inter- pretation given by the award is equally binding on them." The Berlin Act being a collective Treaty, the British Govermnent will not fail to realize the objections and the difficulties whicb would result from a differential appli- cation of the clauses of the said Treaties in the various territories comprised in the conventional basin of the Congo. In order to remove these objections, it should lie imderstood that the arbitral award would not be applied till the other Powers having possessions in the basin aforesaid shall, on being invited, have given their accession to it. It must also be borne in mind that Article C8 of the Belgian Constitution renders recoui-se to such procedure subject to the consent of Parliament : " Commercial Treaties," says this Article, " and Treaties calculated to burden the Congo State and bind individual Belgian citizens, only take effect after receiving the assent of the Chambers." In order to adopt the compromise by Avhich questions of a commercial character are submitted to arbitration as well as questions of which the settlement would affect either the finances of the Congo State or the particular interests of Belgian subjects, it is absolutely necessarj^ that the Government shoidd obtain the approval of Parliament. The above considerations do not dispense the King's Government from pointing out that the best method, in its opinion, of settling the questions or dispixtes which might arise after annexation, would be a direct understanding between all the Powers having possessions in the conventional liasiu. The Belgian Government frankly prefers this method of settlement, which would assure a common interpretation of the clauses of the Berlin Act, and it invites the Cabinet of London, in its turn, to be so good as to consider it. The British Government realizes the necessity of convincing public opinion in England that the recognition of the transfer of the Congo to Belgium will not be contrary to the duties and responsibilities assumed by Great Britain when it recognized the International Association and signed the Berlin and Brussels Acts. The King's Government is convinced that the explanations contained in this Memorandum will enable His Britannic Majesty's Ministers to attain fully this result. The Belgian Government cannot close this Memorandum without expressing the satisfaction which it felt on learning that the Britif!h Government attaches the same importance as itself to the bonds of friendship which imite the two countries since Belgium took its place among the nations. It is superfluous to add that it has itself been animated by the same friendly sentiments throughout the present exchange of views. Sfe "Miscellaneous- No. C (1908)," p. 34. r o 2; o o z s s s Cb Si, 51- v2 ^ 0- 5 &s iaj ^ tS Co Vs. eb Cft 00 Co ^ ha 1 «5 a Co 1' ** h-* s § o ';3 a a o a 5 a §■ o p-- '-h o CO o 00 I d w CD i-j ^ § Is rfD -^ a> S » CD hrt O c* D"^' trt- O S o s= on? o o a AFRICA. No. 5 (1908). PURTIIER CORRESPONDENCE RESPECTING TUE TAXATION OF NATIVES. AND OTHER QUESTIONS, IN THE CONGO STATE. [In continuation of " Africa No. 4 (1908) " : Cd. 4178.] Presented to both Houses of Parliament by Command of His Majesty. November 1908. LONDON: nilNTED rOI! HIS M.V.J ESTY'S STATIONERY OFFICE, BY IIAKliiSON AND SONS, ST. MARTIN'S LANE. riUNTECS IN OUDIXARY TO UIS MAJESTY. And to be purchased, either directly or through any Bookseller, from WYMAN AND SONS, Ltd., Fetter Lane, E.G. ; and 32, AnixGPON Street, Westminster, S.W. ; or OLIVER AND ROYD, Tweeddai.e Court, Edinburgh: or E. rONSONBY, 116, Grafton Street, Dublin, [Cd. 439G.] Price Id. Further Correspondence respecting the Taxation of Natives, and other Questions, in the Congo State. [In continuation of "Africa No. 4 (1908) " : Cd. 4178.] No. 1. Sir Edward Grey to Count de Lalaing. Sir, Foreign Office, November 4, 1908. I HAVE the liouour to inclose herewith the reply of His Majesty's Government to the ]\Iemoraucliun you weve so good as to communicate to mc on behalf of the Belgian Government on the 13th July last relative to the annexation of the Indej)endent State of the Congo by Belgium. I have, &c. (Signed) E. GREY. Inclosure in No. 1. Memorandum. ON the 13th July last the Seci-etarj^ of State for Foreign Affairs had the honour 1o receive from the Belgian Minister a Memorandum, containing the reply of the Belgian Government to the Memorandum communicated to tlie Comte de Lalaing on the 23rd June relative to tlie annexation of the Independent State of the Congo by Belgium. In handing this Memorandum to the Secretary of State for Foreign Affairs, the Belgian Minister communicated at the same time a copy of the exijlanatory despatch addi'essed to him by M. Davignon, who called attention therein to the manner in which the union of the Congo State with Belgium mider one Sovereign had always been in contemplation, and observed that the Belgian Government coruld not see how the legitimate interests of Great Britain could possibly be injured by the annexation of the Congo. M. Davignon referred also to the question whether the Belgian Government 4ire in reality bound by Treaty to notify the fact of annexation of the Congo to the other Signatory Powers of the Berlin Treaty, and to the right of His Majesty's Govern- ment to make reservations in regard to their acceptance of such annexation. In the Memorandum itself the Belgian Government express their readiness, when annexation has actually taken place, to give prompt and full effect to the Decree of the 3rd June, 1906, with regard to increased grants of land to the natives for cultiva- tion and trade purposes, and with regard to the holding of inquiries in the villages, in order to hx the extent of the lands to be reserved for the inhabitants. The Belgian Government go on to state that definite Regulations will be drawn up for the sale of domain lands for the use of missionaries and traders, and that the greatest care will bo taken to make the Concessionary CJompanies respect the liberty of the natives to work, as well as their right to dispose of the products of the lands assigned to them. With regard to arl)ilratiou, the Belgian Covcrnment undertake to give any proposals that may be made their most favoiirable consideration, subject, however, to the consent of the lielgian Chamber, and to the reservation that the points at issue do not concern the honour or iiational sovereignty of the country. The IMcmorandum then proceeds to state that, having taken note of the repeated assurances of tlu; Belgian Government in regard to their loyal and entire execution of their Treaty obligations. His Majesty's Government will surely admit that they are now ill receipt of all the guarantees which the Belgian Government are in a position U> alTord. and it concludes by observing that, in the opinion of the B(>lgian Govern- ment, the best solution of all questions which may arise after annexation has taken place will be found iu arriving at a direct understanding between all the Powers having ])Ossessions in iIjc Conventional basin. With regard to the first point, the right, nani(>ly, of His Majesty's Government to make stipulations before assenting to the annexation of the Index)eudent State by Bclgiuiii, His .Majesty's Govcniiiu'iit. observe lliat lh(^ licJgiau (joveriiuiout, wliile stating that they do not Avish to discuss the question wlicther Article 34 of tlie l?(M-liu Act cau be considered as being applicable in tlic ])rescnt circumstances to lU-lgiuni, at the same time advance certain reasons, which, in their opinion militate against such applicability, and refer to the title given to Chapter VI of the Berlin Act, "Declaration relative to the essential conditions to be observed in order that new occupations on the coasts of the African Continent may be held to be effective," and the text of Article 34 which runs as follows : — " Any I'ower whicli hcncefi)rth tai\.es possession of a tract of land on the coasts of the African Continent outside of its present possessions, or which, beijig hitherto without such possessions, shall acquire them, as w^ell as the Power whicli assumes a I^rotectorate there, shall accompany the respective act Avilh a notification thereof, addressed to the other Signatory l^owers of the present Act, in order to enable them, if need be, to make good any claims of their own." His Majesty's Government, however, desire to draw the especial attention of tlie Belgian Government to the expressions " i/fir occupations" and "any l-'ower Avhich hcncefoiih takes possession of a tract of land .... outside its present possessions." The reasonable interpretation of these provisions seemed to His Majesty's Government to be that the Belgian Government, which had not previously had any possessions in the African Continent, would, when acquiring siich possessions, notify the fact to tlie other Powers concerned. His Majesty's Government do not, however, wish to lay any imdue stress iqjon the interpretation of any one particular Article in any particular Treaty. They desire rather to base on the more general grounds of international policy their claim to receive such information as will satisfy them that in the measures which are to follow the transfer to another Power of the vast territories of the Independent State full weight w'ill be given to the representations which they have made, and which have throughout been conceived in the most friendty spirit. The territories of the Independent State touch those of His Britannic ^Majesty at many points, and it cannot therefore be a matter of indifference to His Majesty's Government how they are governed, inasmuch as th e maladmin is tration o f any o ne State cannot but react^Jo__the prejudice of its neighboiirs, more especially in "a cohtineht like Africa. "" ^ Now the manner in which the Independent State has hitherto been governed has been notoriously different from that obtaining in neighljouring territories, and has for many years past caused great anxiety to His IMajesty's Government as bearing on the state of affairs on the Anglo-Congolese frontier, and as giving rise to well- grounded fears lest it should injuriously affect the kindred tribes living in British territory. His Majesty's Government therefore consider that, if only on the ground of tho manner in which the state of things prevailing in the Congo State reacts on the native tribes under British rule, they are amply justified, no-\v that there is a question of that State jDassing mider a new Government, in taking every possible precaution to secure that the new Administration shall not repeat the fatal errors of the old, and in requiring a specific imdertaking that the grievances of which they have so often complained shall be remedied within a reasonable period of time. But besides their right to secure the peace of their own borders, His Majesty's Government hold most strongly that the terms of the Declarations exchanged between the Government of her late Britannic Majesty and the International Association of the Congo on the 16th December, 1SS4, entitle them, Avhen the territories of the Association are about to pass to a new owner, to satisfy' themselves that the transfer Avill result in the introduction of a system of government Avhich Avill correspond more nearly Avith the intentions of the signatories of those Declarations, and fulfil the- conditions on AA'hich His Majesty's Government originally recognized the creation of the Congo State. In the Declaration of the Association it is expressly laid doAvn that it lias hccn founded " for the purpose of promoting the ciA'ilization and commerce of Africa, and for other hxmiane and beucA'olent purposes"; and in the Declaration of His Brilanuir Majesty's Government it is stated that they "declare their sympathy Avith, and approv;il of, the humane and benevolent purposes of the Association, and accordingly recognize its flag as the flag of a friendly Government." It is thus obA'ious that the reason Avhich chiefly determined the Governmeut of her [1046J B 2 late Majesty Qiieeu Victoria to recognize tlie flag of the Association was the belief that the government of the Association would prove a blessing to the native and an encouragement to general commerce. The whole tenour of the representations whicli His Majesty's Government have been making for the past few years to the Government of the Imlependent State, and within tiic last few months to the Belgian Government, will show sufficiently that they are very far from being able to think that either of the objects has been attained. His Majesty's Government take note with satisfaction of the Declaration of the Belgian Government, now renewed, that the international obligations contracted by the Independent State will continue to bind its successor. In their opinion, however, these obligations have not so far l^een properly carried out, and in these circumstances it is not unreasonable that they sliould ask for some guarantee that the system of government of which they have; constantly complained will be changed. To pass now from the consideration of M. Davignou's despatch, which has so far formed the subject of the present aide-memoire, to the study of the Memorandum inclosed therein, the following points appear to be tliose which are principally dealt with :— (a.) The extension of the lands to be assigned to the natives for the purposes of trade and cultivation ; (5.) The] respect of the freedom of labour, as also of the right of the natives to dispose of the produce of the lands assigned to them ; and, lastly, (c.) The question of arbitration in regard to " any differences of view as to the meaning of the Treaties which bind the Congo State in regai'd to commercial questions, should an understanding be imattainable by ordinary diplomatic methods." With regard to (a) and (b) His Majesty's Government take note with great satis- faction of the assurances given by the Belgian Government, but while fully aware of the difficulty which must necessarily attend any immediate and violent change in the system hitherto pursued in regard to these points by the Congo Government, they must at the same time express their disappointment that no indication is given in regard to the introduction in the near future of improvements in the existing conditions. His Majesty's Government have for a number of years past maintained that the practice piirsued in these matters by the Independent State has been at variance with the spirit of the Berlin Act, and from that practice they believe it to be incontestable that the natives, not to mention traders and missionaries, have suffered severely. While noting, therefore, with pleasure the intention which the Belgian Government express to put into force the Decree of the 3rd June, 190G, under which incpiiries ai-e to be instituted in the native villages, with a view to determine the extent of land to be allotted to the natives ; and while admitting that it is at present impossible for the Belgian Government to fix a definite date within which satisfactory reforms on all these points can be completed, they feel bound to ask for more definite assurances than are furnished by the Memorandum now under reply. They consider it, for instance, essential that some innnediate amelioration should be introduced into tue lot of the native population, Avhicli has for so long been suffering tnider the system of administration hitherto so unfortunately ]3ursued by the authorities of the Independent State. liis Majesty's Government fully recognize the firm intention of the Belgian Government to lighten the burden of the natives, Ijul \hoy are anxious to make quite clear what is, in their opinion, the essential point. An increase in the area of each village will certainly enable the tribe to shift the site as'^rilTary or other reasons dictate ; it will give space for new cultivation while the old fields lie fallow ; it will prevent excessive wandering, and thereby lessen the risk of disputes with neighbouring coiinnunities ; it will check wasteful destruction of the forest for jnirposes of cultivation ; it will be, in short, an administrative measure which will^ facilitate the work of the Executive, but it will not assist the native to any a])j)reciable extent_in_tradiug in iho jiatural products of the soil. From the infornialion in the jjossession of His Majesty's Governiucut it would seem that in the majority of cases the rubber in the vicinity of the villages is exhausted, and the natives have to go many hours, and often many days, to find the vines. If, therefore, the natives arc to have a i)0ssibility of iradiugin the natural products of their country, this condition of things calls for consideration, and it seems to His Majesty's Governiiiciif that a means of meeting it already exists. From trustworthy information in the possession of His Majesty's Government it 5 'would appear that at the time when the pres(>nt sj-steui of land tenure in tlie Congo Avas initialed, and all lands were declared Stat(^ property regardless of native rights, tribal landmarks were set np liy the natives themselves in order to prevent the frequent local feuds caused by th(> members of one tril)C trespassing in search of rubb(!r into the territory of another. These tri])al landmarks are still in existence throughout the Congo territories, and' are at the jjiosent time tenaciously adhered to by the native pojnilation ; tliey woidd be at once available as indications of tlie lands within which the natives shi)uld be free to trade in all the natui-al i)roducts of tlie soil and to cultivate fur their own use. S uch a return to nntive communal tenu re in laud and produce, as it (-xisted prior to 1801-2, would lead to a sensible and hnmediate alleviation of lh<^ uidiappy condition in which at present the original inhabitants of the country lind themstdves, deprived, as they are, of all right to these same products of the soil, whicli are the only means by wdiich they can earn more than a bare subsistence, and with no protection either from the Concessionary Companies or the State in the shape of a guaranteed fair minimmn price for the rubber or other produce gathered. Thev would thus be enabled to await with some patience the results of tlie fuller investigation into their rights wdiieh the Belgian Covernmeut promise, and which, as it will necessarily have to be carried out bj' degrees in co-operation with the Chiefs and people, must take a considerable time. His ^lajesty's Government understand, of course, that this investigation will deal not only with the area allotted to the Conces- ■siounary Companies, but with the whole territory of the State. His Majesty's Government have no wish to aj^pear to dictate to the Belgian Govern- ment the exact lines on which that investigation should proceed. Thej" believe, however, that it will not be found altogether useless if they summarize here the methods which have lieen employed by the different British Colonial Administrations in dealing with ■questions of a similar nature in British possessions. These methods have naturally varied, but, so far as the colonial possessions under the control of the Colonial OfHce are concerned, the underlying principle has been that just, amounting in some cases to A'ery liberal, treatment should be meted out to the natives. On the West Coast of Africa faiidy well defined tribal divisions have existed •almost from time immemorial, and Government action has been generally confined to the maintenance of those divisions or to the adjustment of disputes when differences of opinion have arisen between tribes as to the actual position of their boimdaries. In the East Africa Protectorate, the circumstances are different. The population ■consists partly of quasi-nomad tribes, who shift their ground for grazing purposes at different times of the year, and partly of tribes who have delmitely settled in certain districts. There are also large tracts of land which are unoccupied. In the case of the tribes of the first class, the policy pursued by the British Colonial Ofhce has been to leave them alone where they are not in proximity to the settled areas. When, as in the case of the Masai, their grazing grounds have been near the settled areas, and there was therefore a danger of friction between them and the Avhite settlers, ample lands have, with their own concurrence, been given them elsewhere which ai'e guaranteed to them and their descendants as inviolable reserves. In the case of the non-nomadic tribes, the tribal possessions are scrupulously respected, as on the West 'Coast of Africa. The CroAvn only deals with the unoccupied land outside the reserves imd tribal possessions. In Uganda the whole question has been dealt with by Agreement between the Government and the Kabaka, Chiefs, and pjeople of Uganda. Turning to Houtli Africa, reserves have been assigned to the natives of Rhcdesia for their exclusive use and occupation, and the Imperial Government have provided for -a sufficiency of land although the comitry was acquired l\v conquest. In Basiitolaud the natives are in entire possession of the whole of the land, with the exception of a few Govermnent and inission sites. It is, in fact, a vast native reserve. In Becliuanaland, where the natives were quasi-nomad, extensive reserves have been assigned to the leading Chiefs for the occupation of the Chiefs and their tribes. The land assigned is sufficient for all purposes, and there is no discontent. Lastly, in the Southern Pacific, immediately on the annexation of Fiji, the British •Government assured the natives of the possession of the full property in all the lands which they occupied, and reserved for itself only such lands as were not in the actual ■occupation of any tribe or required for their support. As a matter of fact, although the native population has largelj'- decreased since the annexation, no diminution has heen made in the extent of the lands held by the natives, who now own upwards of a 4,000,000 acres, -while their numbers do not exceed 100,000. All the boxmdaries -were stated, at the time of taking over, to be known. To come to point (c) of the Memorandum, the question, namely, of arbitration in regard to any divergence of views as to the meaning of the Treaties which bind the Congo State in regard to commercial questions^ in the event of its being impossible to arrive at an understanding by ordinary diplomatic methods. The Memorandum states that, in the first place, the Belgian Government find it difficult to admit that Belgium alone among the Powei"s signatory of the Berhn Act is to give to one of those Powers a general nudertakiug "which would differ as regards arbitration from the principle laid down iu Article 12 ; further that if, after the annexation of the Congo, the Belgian Government were to be invited to refer to the Pennanent Tribunal of The Hague any dispute arising from a divergence of opinion as to the interpretation of the Treaties binding the Congo State, they woidd give the proposal their most favourable consideration. The ^Memorandum states, lastl.y, that the Belgian Government hold that the Belgian Constitution woidd oblige the Belgian Government to submit for the approval of Parliament any proposal for arbitration in regard to qiiestions of a commercial character, as well as those of which the settle- ment would affect either the finances of the State or the private interests of Belgian subjects. From the remarks on the subject, of which the above is a summary, contained in the Memorandum under reply. His Majesty's Government fear that the paragraph of the British Memorandum of the 23rd June last, to which they are in reply, was not expressed as clearly as niight have been desired. It will be seen on reference to the Memorandum referred to that it may be divided into two parts ; one dealing with the rights of the natives of the Independent State, and one which is concerned solely with such Articles of the Treaties binding the Congo State as bear on commercial cpiestions. With regard to the first, the Memo- randmn clearly laid dowm that while His Majesty's Government were not disposed imduly to press the Belgian Government in connection with the settlement of questions of a highly complicated nature, they at the same time considered these questions to be of such a nature that they were unable to engage to recognize the transfer of the Independent State to Belgium imtil they had received an assurance that these questions would be settled in a manner satisfactory both to them and to public opinion in this country. With regard to the second part of the Memorandum Avhich dealt with the purely commercial obligations of the Congo State under its Treaties, His ^lajesty's Government merely asked that the Belgian Government would give a formal assurance that they Avould not refuse, if invited to do so, to refer to arl)itration any differences of view as to the meaning of those Articles in the Treaties binding the Congo State which bear on commercial questions. His Majesty's Government take note witli satisfaction of the desire of the Belgian Government to affirm the symi^athy which it has always felt for arbitration ; they would raise no objection to the method preferred by the Belgian Government of settling disputes by direct understanding between all the Powers having possessions in the conventional basin. But they observe that such a method of settling a dispute between any tw'O Powers is not practicable except by the agreement of the other Powers in question ; and in the event of the method proposed by the Belgian Government not proving practicable or conclusive within a reasonable time. His Majesty's Government must reserve their full liberty to press for arbitration. Finally, His ]\Iajesty's Government trust that the Belgian Government will have no difficulty in giving an assurance that equal facilities will be given to ('hristian mis- sionaries of all denominations for the prosecution of their work and the free exercise of their religion, both by themselves and their converts, in all parts of the Congo territory. The friendship between the two nations, of which there has been constant evidence in the course of the present discussion, inspires His Majesty's Government with the hope tliat such assurances on all the points under discussion will be forthcoming as Avill still further increase and strengthen those ties of amity to whose continued existence His j\lajesty's Government attach so high a value. Fore'ujn Office, November 1, 1908. No 2. Count de Lalaing to Sir Edivard Grey. — (Received November 17.) Le'fjation de BeUjique, Londres, M. le Secretaire d'j'Uat, le IG Novembrr, 1908. J'AI riiouneiir d'aceuser reception a votro Excellence de sa note du 11 Novenibre, par laqnelle elle a bien voidu m'inl'ormer de sou intention de comminiiqner au Parle- meut le ]\Icnnoranduiu du l" Novenibre, contenant la reponse du (louvernement de Sa Majeste Britanniquc au ^leuioraudiuu du Gouvernoment du Koi du 12 Juillet dernier. Au cours des precedentos uegociations les deux rjouvernements s'etaient entendus eu vue de i)ublier et de deposer simnltanenicnt aux Parlenieuts des deux pays les Momorandunjs diplomatiqucs cclianges entre T.ondres et Bruxelles au sujet de la reprise de I'Etat Independant du Congo par la Belgiquc. Le Gouvernement du Uoi se demande s'il ii'eut pas ete preferable de conserver la menie procedure, pour eclairer en meme temps les Cliainl)res 13elges et Britanniques, en pla^ant, a la fois, sous leurs yeiix les demaudes et les reponses. Mon Gouvernement ne manquera pas de faire j:»arYenir a votre Excellence uue replique au Memorandum du Gouvernement Britannique du l"' Novembre, dont il a apprccie, comme il le meritait, le ton tres amical. Mais ce travail, deja en preparation, exigera un certain temps, a cause de la transmission fles pouvoirs qui s'est operee entre les Gouvernements de I'Etat du Congo et de la Belgique, et de I'orgauisation non encore terminee du Ministere des Colonies, qui doit procurer au Departement des Affaires Etrangeres quelques-uns des elements de cette reponse. Je suis charge de prier votre Excellence de vouloir bien, si elle le juge possible, publier la presente lettre a la suite du Memorandum du 1" Novembre adresse au Gouvernement du Eoi. Je saisis, &c. (Signe) LALAING. (Translation.) Belgian Legation, London, M. le Secretaire d'Etat, November 16, 1908. I HAVE the honour to acknowledge the receij^t of your Excellency's note of the 11th November, in which you were good enough to inform me of your intention to communicate to Parliament the j\Iemorandum of the 1st November containing the reply of His Britannic Majesty's Government to the Memorandum of the King's Government dated the 12th July last'. In the course of the preceding negotiations the two Governments had come to au agreement with a view to the simultaneous publication and submission to the Parlia- ments of the two countries of the diplomatic Memoranda exchanged betAveen Loudon and Brussels on the subject of the annexation of the Independent State of the Congo b\- Belgium. It seems to the King's Government that it might have been preferable to follow the same procedure, and, in order to supply the Belgian and British Chambers with simultaneous information, to lay before the two Chambers both the requests put forward and the answers thereto. My Government Avill not fail to communicate to your Excellency a replj- to the British Government's Memorandum of the 1st November, the very friendly tone of which it deservedly appreciates. But time Avill be needed for the preparation of this reply, which has already been put in hand, owing to the transference of authority from the Government of the Congo State to the Belgian Government, and to the still incomplete organization of the Ministry for the Colonies, which has to furnish the ^liuistry for Foreign Affairs with some of the data required for the said reply. I am instructed to request your Excellency to be so good as to puWish, if you think it possilJe, the present letter at the same time as the ^Memoranihun of the 1st November addressed to the King's Government. I take, &c. (Signed) LALAING. ■9 ft) a Si. •^ o bn cr^ 1;^ c eo" ^ 1 t: <9. o o > 5! O ED O 'A '^ oo ^ s o 5' c 50 n o 1— >■ 5^ o CD O 00 CB O p 3 m Cu "5 a .0 C CD a; 'a 0; CD 0' C5 s CJ; ^ B' ^^, aq D r+- 3* ri- CD P" 8, in the CUiamber, " will carry out without wavering and in a spirit of generosity her obligations under the J3erlin Act. She will be haj)py and proud to add this mission of civilization and this economic task to those other undertakings which for seventy-seven years past have gained for her the commendation of tlu^ Powers. She will, however, act spontaneously, depending on her rights and determined to maintain her independence and her sovereignty." These declarations were hoiiefully received by public opinion in Belgium ; Parlia- ment, ou their side, clearly manifested a determination to uphold and support the Cabinet * See " Afiica No. 5 (190«J" : [Cd. -1396]. in carrying out this great self-imposed undertaking. Hie value of obligations entered into liy the Belgian Govennnont with the nation at the time of the annexation cannot be discussed or called in (lucsl ion. 'Vlu'. Brit ish Government can surely be under no misapprehension as to this ; their lust memorandum, however, evinces some disappoint- ment because no indication lias, uj) to the present, been afforded as to the details of the cJianges which will be made, in order to improve; existing conditions nor as to the moment wIumi such changes will be introduced. To persist in putting forward such a request can scarcely be explained by a desire to be infoi'med of the actual text of the amendments to be introduced into the laws and decrees in force at the present time, before such proposed amendments have been brought to the hnowledgo of the authorities in Belgium who Avill be called upon to consider 1 hem. How is it possible, in short, to ascril)e to the British Government an intention to make th(- adoption of laws, which concern the colony and its internal administral ion, d('])cndeut upon a kind of prelinunary approval of a foreign Government ? On the otlier hand, scarcely four months have passed since the transfer ol the Congo administration to Belgium took place. Tiic British Government, with their long colonial experience, will apjireciate bettor than anybody else the inaderpiacy of such a short period for drawing up in theii- linal hn-m weighty resolutions on colonial matters, which can only be put forward after careful preparation, and with a ilue regard for llio necessary intermediate stages. The IMgian Chamber, during the discussion nf the hrst colonial budget, realized that such a work could not be hastily completed, and tliat a Government, conscious of its responsibilities, could not permit existing arrangements to be changed without having some alternatives ready to put in their place ; anxiety, which would be reflected throughout the entire colony, would otherwise be aroused. The unanimity witli which on every occasion, since the annexation of the Congo, the Belgian Cabinet, Parliament, and all organs of puljlic opinion have expressed themselves on the colonial question, is a proof of the lofty conception which Belgium has formed of the mission conferred upon her in Africa, as well as of her fixed determination to develop her colonial enterprise in harmony with the interests of civilization and in conformity with her international obligations. The Belgian Government Avill not fail to give effect to their intentions in the measures which, in the full enjoyment of their independence, thej' intend to dra^v up. The new administration have devoted their first efforts to the preparation of this work, and their activity has already been revealed in several practical measures. The British memorandum goes onto examine three points which have ali-eady been dealt with in previous memoranda : — (a.) The extension of the lands to be assigned to the natives for the pui-poses of trade and cultivation ; (6.) The respect of tlu; freedom of labour, as also of the right of the natives to dispose of the produce of the lands assigned to them ; (c.) The question of arbitration as to the int(M-pretatiou of the treaties which bind the Congo State in matters of commerce. ^o^ As regards the first two points, the British Government take note with satisfaction of the intention exj)ressed by the Belgian Government to give effect to the decree of the King-Sovereign of the 3rd June, 1906, under which inquiries are to be instituted in the native villages with a view to determining the extent of land to be allotted to them. The British Government, however, do not consider siTch a measure adequate to help the natives in their traffic in lh(> natural products of the soil, a point which, in their opinion, is essential. They point out that the landmarks, which are said to be still in existence throughout the whole of the Congo State, were formerly set up by the natives with the object of marking the area within which each tribe was at libei'tj^ to search for rul)ber, and they suggest that these land-marks might at once be utilized to determine the boundaries of the lands on which the natives woidd be free to trade in all natni-al products, and which they C(ndd cultivate for their own uses. The Belgian Government are, it is true, aware that the presence of landmarks alluded to in the British memorandum has been noted in some few parts of the Congo, but it is beyond question that the erection of such landmarks by tlie natives had no other object than to fix the political territorial limits of the tribes, and to put an end to the disputes which arose amongst natives owing allegiance to different chiefs. In this way these landmarks may have provided usefid indications when, in conformity with the decree of the 3rd June, 1906, on the subject of native districts 8 it was a qiiestion of fixing tliR exteut of the territory over which the chiefs of the tribe shoukl exercise authority : Init. their existence is of no interest from the point of A'iew of a delimitation of native lands. While not desirous of insisting farther on the objections to a measure, the practical realization of which would be impossible, owing to the fact that the existence of such marks has only been established in a very limited area of Congolese territory, the Belgian Govermnent feel compelled to observe that, as the political territory of each tribe is coterminous with the territory of tlie neighbouring tribe, the adoption of such a measure would have the effect of converting into common native property the whole extent of tlie Belgian Congo. Such a solution would not only be opposed to every principle of law, it would be in opposition to the actual state of affairs existing throughout the whole of equatorial Africa, and confirmed, notably in the British possessions in the conventional basin, by legislation applied to populations of the same race and in the same state of civilization as those of the Belgian Congo. The British Government have been good enough to indicate the methods employed by British colonial administrations for dealing with similar questions in Britislx possessions. The Belgian Government, on their piai't, desire to recall the fact that in the Uganda Protectorate the division of territory into native lands and vacant lands is carried out by methods of delimitation analogous to those laid down in the Congolese decree of 1900. They desire further to point out that in British East Africa, far from recognising as common property all the political territory of the tribes, the administration has not granted to the native any right to real property for the reason that the native possesses no notion what the right to property means. As indicated in the report of the Land Commission which condiicted operations in this colony in 1904, the Government proclaimed themselves proprietors of all lands unprovided with a proprietary title, whether occupied or not. By the application of this principle the Government has been enabled to deal with certain tribes in the manner set forth in the memorandimi. The Belgian Government have held (hat the grant of lands to native communities shoidd be governed by a consideration of existing circumstances as well as of future requirements, that is to say, that in lixing the extent of lands granted to each tribe, account should be taken of the number of individuals comprising the tril)e, the methods of cultivation peculiar to primitive populations, and of the necessity of ensuring as widely as possible the future development of the native communities. In carrying out the provisions of the decree of the ord June, 1900, the Belgian Government are acting in conformity with this principle both in those parts which are being developed by private parties as well as in the National Domain. They are convinced that such principles applied in a manner identical with that adopted in other possessions in the conventional basin nf the Congo will provide a solulion of the question of native lands in the Belgian Congo more favourable to the interests of the natives than in the generality of colonies in equatorial Africa. Other measures forming part of the system which is being studied by the colonial administration Avill result in the natives benefiting to a still greater extent fi-om the development of the colony. The latter portion of the British memorandmn reverts to a re((ucst, already made by the Cabinet of London to the Px'lgian Govei-iunenl, to be furnished with a formal assurance that the latter will not, if invited, refuse to submit to arl)itiation any divergence of views as to the meaning of articles of treaties whicli l)ind the Congo State in regard to commercial questions. In view of the reasons advanced to justify a repetition of this request, the Belgian Govermnent fear that they have not explained with sufficient cleai-uess the conditions altaehed l)yihi'ni to iheir nhiniatc acceptance of this proposal. The sympathy with which the Belgian Government jcgard a recourse to arbitra- tion as a solution of international disputes is well known, but it appears to them impossible to admit that, amongst all the Powers having possessions in the conven- tional basin of the Congo, Belgium alone should enter into an engagement of such a general nature as to submit compulsorily to arbitration, whilst for the other Powers signatories of the P>erlin Art a rliit ration^ according to article 12 of that Act, remains optional. The Belgian Government find, however, no difficulty in repeating that if they were invited to refer in the last resort to the Hague tribunal a dis])ute arising from a divergence of views as to the interpretation of treaties binding the Congo State, they would examine any such proposal with the utmost goodwill, animated by the liberal 9 views displa,y(xl in ihr preparation of (lie arbitration couventious concluded by Belgium, and rescrvini;-, as was exi)laiu(Hl in llie niomoranduiu ol' ihc ll^tli July last, the sanction ol' Parliauicnt as required by article (J8 oI the Cuustilution. In that event, however, they would be obliged to ensure that the arbitration l^rocedure should l)e in harmony with the application of article 84 of the convention drawn Til) at Tire Hague Conierencc, of which they are one of the signatories. That article imposes on the parties to the dispute the obligation, when there is a question as to the intei'prelation of a treaty of which other Powers are signatories, of informing in good time all Powers who have signed such treaty. Each, of these Powers is entitled to intervene in the jDroceediugs : if one or more avail themselves of the right, the interpretation given l)y the award is equally binding on them. Now the Berlin Act is a collective treaty. In order to avoitl all the dilliculties which might result from a differeiit application of the clauses of tliis treaty in the various territories which go to make up the conventional basin of the Congo, a result which, contraiy to the spirit of the Berlin Act, would set up dilfereutial treatment io the disadvantage of one of these territories, it follows that recourse to arbitration could only take place if the other Powers having possessions in the conventional basin had consented beforehand to intervene in the proceedings or to accept for their possessions the interpi-etation given by the award. The British memorandum makes no mention of this essential condition. As regards the question of arl)itration, the Belgian Government, on their side, must abide by their former reply, their attitude, and the reasons advanced in explanation of it, having been approved by Parliament at the time when the annexation of the Congo was discussed. Even amongst speakers of the opposition the contention of the Government as regards the conditional acceptance of arbitration foimd many supporters, who would not imderstand any departure from it now. The Belgian Government in their memorandum of the 12th July* said that in their opinion there was a better method than arbitration for solving questions and disputes in the conA-entional basin of the Congo, and that was a direct imderstaudiug between the Powei's having possessions in this region. The Belgian Government adhere to their belief that such a procedure Avould, despite the difHculty foreseen by England of obtaining the adhesion of the different States interested, have the immense advantage of ensuring the general observance of the clauses of the Berlin Act and their uniform interpretation. The British memorandum expresses in conclusion the desire that equal facilities should be given in all parts of the Congo territory to Christian missionaries of all denominations, and to their converts, for the prosecution of their work and the free exercise of their religion. The putting up for sale of the domain lands was duly announced in the memorandmn of the 12th July. The Belgian Government intend, however, to give facilities to religious missions for the acquisition of the land necessary for the prosecution of their missionaiy work, whilst not submitting such land to pid^lic adjudication, as provided by the j)resent laws for the sale and lease of the domain lands. Favourable consideration has therefore now been given to a series of demands formulated by Protestant missions. The decisions arrived at will be brought to the knowledge of those interested as soon as the necessary alterations entailed by theni in the decree of the 3rd June, 1906, have been made. As regards the choice of sites thus granted, the colonial administration will endeavour to suit the convenience of the missions, reserving to themselves of course the right to decide in each case, according to the right of all Governments, which lands can best be alienated so as to coincide with the general interests represented by the administration. Whilst proclaiming bj' one of their lirst acts their desire to protect all religions imdertakings without distinction of nationalitj- or creeil, the Belgian Govermnent rely upon the missionaries of all Christian denominations considering it their duty to respect the laws and pulilic authorities of the country, the hospitality of which they enjoy. The Belgian Government are not insensible to the reference in the British memorandum to the traditional friendship which exists between the two nations. This friendship, to which they on their side attach as much importance as His Majesty's Government, encourages them to cherish the hope that the Cabinet of London will understand that the explanations offered could not be more exact nor more detailed. They also hope that it will be understood in England how painful it is for the Belgian people to see their intentions called in question, after the innumerable proofs * See "Africa Xo. 4 (l;)OS)," p. 10. [592] C w which have been given of theii" love of civiHzation and after the great progress which they have made and which has won for them a position of sucli respect. The Belgiaus are resolved to develop and to advance the great work accomplished by the fonnder of the Independent State, desjiite the slender means at his disposal. Neither in Africa nor in Enrope will they fail in their duty, nor will they fall short of that which the civilized world expects of them. To succeed in her colonial enterprise Belgium has need of an atmosphere of cahn, of sympatliy, and of confidence. At a time Avhen she has assumed responsibilities, the gravitj- of which she fully realizes, she would welcome, as an especially valuable encouragement, an assurance that in the mind of the British Government her past history is a guarantee of her present loyal intentions. Brussels, 'March 12, 1909. No. L\ Sir Edward Grey to Count dc Lalaing. Sir, Foreign Office, June 11, 1909. I HAYE the honour to transmit to yon Iiercwith the reply of His Majesty's Government to the memorandum regarding the Congo question which you were good enough to leave Avith me on the 15th March. I have, &c. E. GEEY. Inclosurc in No. 2. Aide-memoire, HIS Majesty's Government have given their earnest consideration to the memorandum communicated to the Secretary of State for Foreign Affairs by the Belgian Minister on the 15th March, and especially to the observations there made on three of the principal points raised in their memorandum of the 4th November last. Those points were briefly (1) the extension of the territory reserved for the natives ; (2) free labour and the right of the native to dispose of the produce of the soil ; (3) arbitration. With regard to tlie first j^oint. His Majesty's Government feel bound to state that, in their opinion, the Belgian Government have been misinformed as to the nature and extent of the native boundary divisions ; equally, they feel bound to state that they can admit no analogy between the method of assigning territory to the natives which has been adopted in the British Protectorates and that adopted in the Congo Free State. "W'riter after Avriter of published works on this region has given copious evidence regarding tlie native boundaries, and His Majesty's present vice-consul in the Katanga district, who has travelled across the whole country, states that they are " known and recognized to within a foot's breadth by the natives themselves," a fact which " is abundantly clear to any one travelling through the country, and it is corroborated by older residents." In their memorandum of the 4tli November His Majesty's Government referred, it is true, to landmarks erected at a comjjaratively recent date to prevent disputes as to the collection of rubber, but they did not thereby commit tliemselvcs to tin; opinion that this was the only evidence of the rights of the various tribes in particular districts. On the contrary, tliey fire satisfied that the country is divided up, to a much greater degree than the description in the Belgian note — " exceptionnellemcnt en quelques cndroits" — would imply, by perfectly well- defined boundaries indicating tl;e extent of the tribal possessions. These boundaries sometimes follow natural features of the countxy and sometimes arbitrary lines, but they can always be ascertained. His Maji;sty's Government do not suggest that in all cases these boundaries are still binding on the Belgian authorities. Tribes have in many cases sliiftcd their quarters and emigrated to new districts, and the ravages of sickness and the results of the system of administration pursued l)y tlic authorities during the last twenty years have swept away altogether the population of some districts and greatly reduced that of others. His Majesty's Government feel, however, that it would be undesirable to delay 11 their recognition of the annexation of the Con^o by liflgium till an exact agreement lias lieen readied on this question. Witli regard to the second point, ITis Majesty's CJovernment consider that tlie \ restriction or destruction of native rights has prevented those oppcn-l unities for trade 1 in the produce of the soil which were expected to be availalile for British subjects / nnd(>r tnvity, bu t_ they ar e much more concerned t o see a n end p ut to tl[c system of ( forced labour and taxation m kind wliicb accoinpanietniTc destruction of native rights. This question is one not of argument, but of fact. Under the previous Government of the Congo in large districts, if not in the greater part of the Avhole Congo Stale, the forced labour exacted from luen, and in many cases from women, amounted to nearly, if not quite, the whole time of an adult year after year. In the Kasai district, under the guise of trade, taxation in rubber Avas exacted in open defiance of the laws of the Congo State. It was by such means that the greater part of the rubber exported from the Congo was obtained. The export of rubber has not fallen off, and no reports have reached His Majesty's Government to show tiiat the amount of forced labour and illegal or excessive taxation exacted from tlu; natives have diminished. In the Leopoldvillc district, for instance, the taxation has quite recently been increased, in the case of men, from 9 fr. to 12 fr., which amounts to 40 per cent, of the earnings of a Government labourer, and in the case of women from (5 fr. to 12 fr., and this althovigh the poverty of tlie country is very marked and the people have barely sutficient food for their own needs. The Belgian Government officials dis- courage in every jiossible way payment in cash, and take the chikwangue which is offered as payment in kind at G centimes worth of trade goods for a kilogramme, while 25 centimes is being paid in tlie native market. Again, a letter of the 10th December last describes the visit of a Belgian official to the village of Mibenga, where, on the ground that the full tax had not been paid by the villagers, twenty-six men ami boys, all of whom had paid their own share, were arrested, sent in chains carrying burdens a distance of twenty days' journey to a State station, and there kept in penal servitude for six Aveeks. To this state of things, so amply described in the published reports of His Majesty's consuls. His Majesty's Government cannot give recognition and they are sure that the Belgian Government desire to put an end to it, for it is, in fact, indis- tinguishable from slavery. They are anxious to recognize the Belgian Government of the Congo, but they cannot do so until it is clear that the abuses of taxation and forced labour, including the system carried out by the Kasai company, have ceased, and that the treatment of the natives iu these respects has been assimilated to that which is found in other European colonies. IVteanwhile British subjects are unable to enter the Congo and to trade in the natural produce of tire soil, and His Majesty's Government feel that they cannot withhold their support should complaints reach them from British subjects who may be prevented from trading, owing to the fact that the natives are deprived of the rights to sell the natural produce of the soil. Whether the ajiplication of the decree of the 3rd June, 1906, Avill restore the freedom of trade, which His Majesty's Government believed to have~beeir~secnred by the Act of Berlin and the convention of 18Si between Great Britain and the Congo, His Majesty's Government cannot foresee. They have already had the honour to point out in the memorandum of the 4th November that a delimitation of the land to he assigned to a native village in accordance with the decree of 1906 will not by itself provide a sufficient remedj^ for existing conditions if it is based solely upon the extent of land required for purposes of cultivation, and takes no account of the [A extent of land to Avhich the natives, unless they are to be deprived of all right to*^ trade in the produce of the soil, are clearly entitled. Any differences of opinion with regard to commercial rights under treaties His Majesty's Government would desire to refer to arbitration, but it is obvious that arbitration cannot take place so long as one of the parties has not recognized the annexation of the Congo State by Belgium. His Majesty's Government anxiously await reports from the Congo which will show that the Belgian Government have succeeded in stopping the system of forced labour which has hitherto prevailed, for His Majesty's Government are sure that the Belgian Government will agree that a system such as that described in British and American consular reports is indefensible. =?> o Kg ^ ;>, en' ^ •^ 5^ ^ i CD 2 i " >■ o o o » S' C CI O to C5 o o 00 *^ a » Cfi O H r+ '"*' ?= M c Z PV o 5' s » :a P ■r; (3 o C- ts & o (D o 01 •-1 ,o CD c CO CO 5^ o 5^' o B a CE aq — * r+ ^