Page:Catholic Encyclopedia, volume 4.djvu/271

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tionhadstoppedatthe Upper Kwango, thus leaving the country to the interior open to the future colony. Dur- ing this journey Stanley concluded many treaties with the native chiefs, by which they were to submit to the suzerainty of the Association, foimded a certain num- ber of posts in the Xorth near the Equator and in the South in the Kassai district, and actually set up a government which was soon semi-officially recognized. In Oct., 1882, France tacitly acknowledged the capac- ity of the Association to enjoy international rights (see letter of M. Duclerc, President of the Council, to Leopold II). The United States (22 April, 1SS4) and Germany (8 Nov., of the same year) recognized in a more explicit manner the flag of the Association a.s that of a friendly State. A week later (15 Nov., 1884) the famous Berlin Conference was opened. The object of this conference, which included delegates from four- teen nations, is stated clearly in the heading which serves aspreamble totheactcontainingthecollectionof decisions and called " I'Acte General de Berlin". It runs as follows : —

"Wishing to regulate, in a spirit of mutual good understanding, the conditions most favourable to the development of commerce and civilization in certain parts of Africa, and to assure to all nations the advantages of free navigation on the two principal African rivers [Congo and Niger] which flow into the Atlantic; desirous, on the other hand, of forestalling any misunderstandings and disputes which new acts of occupation on the African coast might cause in the future; concerned also with the measures to be taken for increasing the welfare both material and moral of the native races . . ." During the intervals between the meetings of the conference M. Strauch worked hard to win for the flag of the International Associa- tion official recognition by all the powers represented; his efforts were successful, and Leopold, as founder of the As,sociation, was able to officially communicate the fact to the conference at its second last meeting (23 Feb., 1885). The plenipotentiaries then expressed their high appreciation of the work done by the Bol gian king; at the same time they welcomed the birtli of the new State, thus founded. At the final meeting of the conference the Berlin Act was accepted by tin As.sociation, which was then hailed by Bismarck as "one of the principal guardians of the work which they had in view".

The moment had now arrived for Leopold to show himself. Hitherto he had worked through vari- ous societies which finally develo|)ed into the In- ternational .\.ssociation ; he was the moving spirit of them all. He now came forward in the name of this Association, and receiving from the Belgian (Ihambers (vote of Chamber of Representatives, 28 April, 1885; vote of Senate, .30 .\pril, 1885) the necessary authori- zation he announced to the various Powers on 1 August, 1885, and the days following "that the pos- sessions of the International Association w'ould hence- forth form and be called the Indejiendent State of Congo". He further declared himself sovereign of this State. It was understood that the only constitu- tional bond of union between Belgium and the Inde- pendent State of Congo was the person of the king. Thus was founded the Independent State. Leopold can justly regard it as his own creation. Neverthe- less it is only fair to recognize the part taken in the work by some Belgian statesmen. Without the recog- nition of the Powers the Independent Congo State could not have won a secure position, and this recognition was obtained through the brilliant di- plomacy of .Mr. E. Banning and of Baron Lamber- mont at Berlin. Without the authorization of the Belgian Chambers Leopold could not have occupied a new throne; it w.is .\r Beernaert, then prime min- ister, who obtaincil this authorization, and he is there- fore justly regarded . -us "one of the statesmen who have gontributed most to unite the destinies of the Congo


and of Belgium" (Leroy-Beaulicu, "De la colonisa- tion", 352).

II. Intbrnation-vl and Political Situation. — Recognition by the Powers. — The international position held by the Independent State results directly from the friendly recognition of the Powers accorded by treaty to the International Association, from which sprang the Independent State. Following, in chrono- logical order, are the names of the contracting Powers and the dates of the treaties: United States of Amer- ica (22 .\pril, 1884); German Empire (8 Nov., 1884); Great Britain (16 Dec, 1884); Italy (19 Dec, 1884); Austria-Hungary (24 Dec, 1884); The Nether- lands (27 Dec, 1884); Spain (7 Jan., 1885); France and Russia (5 Feb., 1885); .Sweden and Norway (10 Feb., 1885); Portug.-il (14 Feb., 1885); Belgium and Denmark (28 Feb., 1885); Turkey (25 June, 1885); Switzerland (19 Nov., 1889); Republic of Liberia (15 Dec, 1891); Japan (9 July, 1900).

Xeutrality of the Congo. — By the General Act of Ber- lin (ch. iii) the Powers had agreed to respect a politi-


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cal neutrality in the Congo Basin. They allowed all Powers having possessions there to put their terri- tories under the [protection of this neutrality. Avail- ing itself of this privilege, the Independent State, 1 Aug., 1885, declared its perpetual neutrality. This declaration was afterwards repeated, 18 Dec, 1894, on the occasion of certain changes of frontier.

Obligations Imposed by the Act of Berlin. — In declar- ing its adhesion to the .\ct of Berlin (24 Feb., 1885) the Intlependent State contracted certain commer- cial, political, and other obligations which we shall briefly describe. — (a) Freedom of Commerce. — All nations were to have perfect freedom in commercial enterprise; the subjects of all flags were to be treated with perfect equality and be at liberty to engage in all kinds of transport; there was to be freedom of traffic on the coasts, rivers, and lakes of the Congo, and the harbours were to be open ; free import and free transit were to be allowed to merchandise, save only such taxes or dtitics as might be reqviircd to ilefray the ex- penses entailed in the interests of commerce (subse- quently, by an agreement made at Bnissels on 2 July, 1890, an import duty of ten per cent maximum miglit be imposed); finally no monopoly or privilege of a commercial nature might be granted. — (,b) Pro- tection of Natives, Missionaries, Travellers. — The Powers signing the Act bound themselves to care for the native peoples, their moral and material welfare, and to co-operate in suppressing slavery and espe-