CONGO
230
CONGO
cially the slave trade. They bound themselves to
protect and assist, " without regard to distinctions of
nationality or of creed, all religious, scientific and
philanthropic establishments or enterprises, formed
or organized for such ends, or calculated to instruct
the inhabitants and to make them understand and
appreciate the advantages of civilization". In par-
ticular, Christian missionaries, men with scientific
ends in view, and explorers, together with their es-
corts, were to be the objects of special protection
(Art. 6). (e) Freedom of Religious Worship. — "Lib-
erty of conscience and religious toleration are ex-
pressly guaranteed to natives as well as to other sub-
jects and to foreigners. The free and public exercise
of all forms of worship, the right of erecting religious
edifices, and of organizing missions belonging to all
creeds, shall not be submitted to any restriction or
restraint" (ibidem). — (d) Postal Conventions. — The
terms of the Universal Postal Union, revised at Paris,
1 June, 1878 (Art. 7), were to be observed in the Congo
Basin; these were officially accepted by the Inde-
pendent State, 17 Sept., 1885. In like manner, 13
Sept., 1886, the additional Postal Act of Lisbon was
adopted, on 19 June, 1892, the Universal Postal Con-
vention of Washington, and on 26 Jlay, 1906,
that of Rome. — (e) Mediation and Arbitration. — In
case serious disagreements should occur over the terri-
tories where commercial freedom was allowed, the
Powers signing the Act bound themselves " before hav-
ing recourse to arms, to seek the intervention of one or
several friendly Powers". In such a case the Powers
reserved to themselves the right of having recourse
to arbitration (Art. 12).
Conditions oj the Act of Brussels. — The Slave Trade and Traffic in Spirits. — On 2 July, 1890, on the pro- posal of England, an international conference met at Bru.ssels. A general act was passed and signed by all the Powers that had formerly signed the Berlin Act, and also by the Independent State. By this the sig- natory Powers bound themselves to take measures to prevent the slave trade and to restrict the traffic in spirits in the zone lying between 20° N. lat. and 22° S. lat. Within this territory the distillation of liquor or importation thereof was forbidden in regions where the use of such liquor was not yet common. In the other parts where it was already in use a heavy import duty was imposed. This duty was fixed by the Con- vention of S June, 1899, at seventy francs per hecto- litre, fifty per cent alcohol (about -81.57 a gallon), for a period of six years; an equivalent excise duty was laid on the manufacture of such liquors.
Right of Preference of France. — Apart from the gen- eral provisions which govern its dealings with the Powers, the Independent State, owing to certain con- ventions, has sijecial relations with France and Bel- gium. We shall treat first of those concerning France, comprised in the famous, but often badly ex- plained, "Right of Preference". On 23 April, 1884, Colonel Strauch, President of the International Asso- ciation, declared in a letter to Jules Ferry that if, ow- ing to unforeseen circumstances and contrary to its intention, the Association was compelled in the future to sell its possessions, it would consider itself obliged to give the preference of purchase to France. On the following day the French minister officially acknowl- edged the letter and added that in the name of the French Government he bound himself to rcsj^ect the established relations and the free territories of the Association. Tlius the right was constituted. Writ- ing, however, on 22 .\pril, 1 sS7, to Boun'e, minister of France at Bru.ssels. Baron Van Fctvcldc declared that the A.s.sociatic)n had never meant or intended that this right accorded to France .should Ik; to the prejudice of Belgium of whiih Leopold II was king. In his letter of 29 April, M. Bouree replied that this interpretation had come to his notice, but .said nothing more. When in 1895 the question of the cession of the Independent
State to Belgium was raised, it seemed prudent to ne-
gotiate with France. As a consequence the conven-
tion of 5 Feb., 1895, was made between France and
Belgium; France, on the one hand, agreed not to op-
pose the cession, and on the other secured a favour-
able determination of frontiers in Congo. On the
same date, by another convention, the Belgian Gov-
ernment, already acting as successor of the Independ-
ent State, recognized the right of preference of France
in the purchase of these territories, in case of a com-
plete or partial exchange, concession, or lease to an-
other Power. It declared besides that it would never
give up gratuitously either the whole or a part of these
said possessions. It is quite clear, therefore, (1) that
the right of preference is simply one of pre-emption,
i. e. in case of alienation on terms of sale, negotiations
must first be entered into with France; (2) that
France recognized in 1895 the priority of Belgium in
this respect, or at least consented not to deny Belgium
the right of preference.
Belgium's Right to Take Over the Congo. — The Bel- gian Act of 28 April, 1885, had declared: "The union between Belgium and the new State of the Congo will be exclusively personal". This could not, however, prevent the subsequent gift on the part of the king, nor could it take from Belgium the right of accepting such a donation. By his will, dated 2 August, 1889, which was placed in the hands of II. Beernaert, who commimicated it to the Chambers, Leopold II was to leave as a legacy to his countrj' all sovereign rights over the Independent State of the Congo. He added, besides, that should the Belgian Government wish to take over the Congo before this time, he would be happy to see it accomplished during his lifetime. An agreement was next entered into, 3 July, 1890, by which Belgium was to advance to the Congo twenty- five million francs, five millions at once and the re- maining twenty at the rate of two millions a year. Six months after the expiration of the ten years (18 Feb., 1901) Belgium might, if it wished, annex the Independent State, with all the possessions, rights, and emoluments belonging to this sovereignty, pro- vided it a.ssumed the outstanding obligations of the State to third parties. " the king expressly refusing all indemnification for the personal sacrifices he had made". On 5 Aug., 1894, the king-sovereign an- nounced that he was prepared to put at the immediate disposal of Belgium his possessions in the Congo. Fol- lowing this announcement a treaty of annexation was concluded, 8 Jan., 1895, between the Belgian Govern- ment and the Independent State, subject to the ap- proval of the Chambers. This was given, 12 Feli , 1895, but was withdrawn, 15 June, and the treaty an- nulled by mutual consent, 12 .Sept., 1895. However, a new loan confirmed Belgiimi's option for 1901.
When this date arrived. Baron Van Eetvelde, minis- ter of the State of Congo, addressed (28 JIarch, 1901) a dispatch to the chief minister of the Belgian cabinet. Count de Smet de Naeyer, to the effect that possibly the moment had not yet arrived for Belgium to take over the Congo State ; and that if this were so, in view of the letter of 5 August, 1889, and the existing ties between Belgium anil the Congo, it would, perhaps, be neither politic nor useful to fix a new term for the right of option. .\ further communication, 22 May, 1901, emphasized the right held by Belgium, in virtue of the above-mentioned letter and the legacy of the king. It added that in case the right of annexation were tmexercised, but not relinquished, Belgium ought to renounce, during such extension of her option, the payment of interest and the repajmient of capital due to her. At the .same time the Inde- pendent State decl.ared its readiness to submit to an- nexation. i\I. Beernaert now proposed to annex the Congo, thus ()])posing the Ciovernnicnt project of 28 March, 1901, namely, to suspend the repayment of the capital lent, and the payment of the interest
