190 



CONGO, FREE STATE OF THE. 



the United States, it was decided that in case 

 of a serious misunderstanding arising between 

 any of the powers in relation to territories 

 lying within the neutralized Congo district, a 

 resort to mediation must always precede mili- 

 tary action. Since the political institutions of 

 the United States precluded the ratification of 

 the acte generate by that power, at an early date 

 it was agreed that the International Commis- 

 sion, which was to meet within six months 

 after the ratification of the act of navigation, 

 should be nominated by five of the powers. 

 The eastern limit of the neutralized Congo dis- 

 trict was altered so as to follow the water-shed 

 of the eastern affluents of Lake Tanganyika. 

 The northern and southern limits were left as 

 proposed in behalf of the International Asso- 

 ciation, as was the Atlantic coast-line made free 

 to the commerce of all nations. The general 

 act of the Berlin Conference thus termed, to 

 distinguish it from the Berlin Treaty of 1878 

 consists of six chapters. The first con- 

 tains a declaration of freedom of trade in the 

 basin of the Congo, and provisions connected 

 therewith. The conventional basin of the Con- 

 go comprises all the regions drained by the 

 Congo and its affluents and by Lake Tangan- 

 yika and its tributaries, the littoral of the At- 

 lantic Ocean from Sette Camma to the river 

 Loge, and the region lying between the rivers 

 flowing into the ocean and the Loge, and lines 

 running from the sources of those rivers to the 

 northern and the southern water-shed of the 

 Congo. The littoral of the Indian Ocean, be- 

 tween the fifth degree of north latitude and 

 the mouth of the Zambesi, is declared free to 

 commerce as far as the contracting powers are 

 concerned, but without undertaking engage- 

 ments with reference to the governments es- 

 tablished on the shore, such as Portugal and 

 Zanzibar, except to use their good offices to 

 secure from these governments the most favor- 

 able conditions to the traffic of all nations. The 

 other articles of this chapter relate to the free 

 access of all flags to the streams and lakes of 

 the Congo basin, the free import of all wares, 

 subject only to dues necessary in the interest 

 of trade, without paying import or transit 

 dues, the prohibition of monopolies or trading 

 privileges, the equal rights of foreigners with 

 those of subjects of the sovereign states, the 

 protection of natives, travelers, and mission- 

 aries, and freedom of worship, the introduc- 

 tion of the regime of the Postal Union, and the 

 surveillance of the Navigation Commission. 

 The second chapter contains a declaration bind- 

 ing the powers exercising sovereign rights in 

 the Congo basin to employ all the means at 

 their disposal to put an end to the slave-trade, 

 and to punish those who engage in it. The 

 third chapter contains the long-debated pro- 

 visions with reference to the neutralization of 

 the Congo basin. Each of the signatory pow- 

 ers binds itself to respect the neutrality of the 

 territories if the powers exercising the rights 

 of sovereignty or protectorate over those terri- 



tories proclaim themselves neutral and observe 

 the obligations of neutrality. If a power pos- 

 sessed of territorial rights in the Congo basin 

 becomes involved in war, the treaty powers 

 promise to lend their good offices with both 

 belligerents to induce them to abstain from 

 extending hostilities to territories lying within 

 the free-trade district. Mr. Kasson proposed 

 the absolute neutralization of the conventional 

 Congo basin, but the objections of some of the 

 delegates, especially of Baron de Courcel, the 

 French representative, led to the adoption of 

 this compromise. The articles binding the 

 powers to appeal to mediation before appeal- 

 ing to arms in case of a serious disagreement 

 with regard to territories within the free-trade 

 district, was added afterward in committee. 

 The fourth chapter contains the act of naviga- 

 tion of the Congo. The International Com- 

 mission for the Navigation of the Congo will 

 draw up navigation, river police, pilot, and 

 quarantine rules, which are to be submitted to 

 the powers for approval, as well as the tariff's. 

 The International Commission is empowered 

 to ordain the construction of works necessary 

 to assure the navigability of the Congo in ac- 

 cordance with the needs of international trade 

 on sections where no power exercises sovereign 

 rights, and in concert with the riparian power 

 on other sections; to fix pilot, general naviga- 

 tion, and harbor dues ; to administer the reve- 

 nue derived therefrom ; to superintend a quar- 

 antine establishment at the mouth of the Con- 

 go; and to appoint officials for the general 

 service of navigation and its own employes. 

 The riverain powers appoint sub - inspectors 

 on sections of the river occupied by them. 

 They are also expected to construct wharves, 

 warehouses, etc., on those sections. All harbor 

 dues for the use of these local establishments 

 must be in proportion to their cost. Pilot 

 dues must not exceed the value of the service 

 rendered. The general navigation dues, in- 

 cluding lighthouse dues, must be based on ton- 

 nage, following the rules adopted for the Dan- 

 ube. The Commission may call for the assist- 

 ance of the war-vessels of any of the signatory 

 powers. War- vessels of the signatory powers 

 are exempt from the payment of general navi- 

 gation dues. The International Commission is 

 empowered to contract loans on the vote of 

 two thirds of its members. The Congo, its 

 affluents, and all the works and means of com- 

 munication in charge of the Commission, are 

 declared neutral and open. to all traffic in time 

 of war, the same as in time of peace, except 

 for the transit of contraband of war destined 

 for a belligerent. Roads, railways, or lateral 

 canals constructed for the special purpose of 

 obviating the innavigability or correcting the 

 imperfections of the river route, shall be con- 

 sidered as dependencies of the river, and open 

 to the trade of all nations equally with it. The 

 fifth chapter of the general act contains the 

 act of navigation for the Niger. The sixth 

 chapter contains a declaration of the essential 



