A Journal of a Tour in the Congo Free StateDorman, Marcus R. P.
History
A Journal of a Tour in the Congo Free State
Dorman, Marcus R. P.
Congo (Democratic Republic) -- Description and travel
In the first place it must be remembered that the Berlin Act applies to
all the Powers possessing territory in the Congo basin and not to the
Free State particularly, and secondly, that it was agreed upon by the
Powers to prohibit monopolies and privileges in commercial matters and
to suppress slavery, but not to interfere with the Government of the
States or Colonies which were then or might be established and which
might or might not sign the treaty. All the Powers indeed which signed
the Act of Berlin of 1885 did so voluntarily and among them the Congo
Free State which had already been recognised by the whole of Europe as
an independent State. The signatory Powers to that Act did not create,
define the boundaries, or in any way particularly specify the Congo Free
State which is bound by it, therefore, to the same extent only as is
England, France, Germany, or other signatory Powers. All these Powers at
various times have declared that vacant land is Crown property. A German
Imperial Order of November 26th 1895 says that the proprietorship of all
vacant land in German East Africa belongs to the Empire. An Order issued
by the Commissioner of the French Congo of September 26th 1891 runs
"Uncultivated soil and vacant land which nobody legally claims shall be
considered as belonging to the State and shall form part of the colonial
domain[4]." In the British Empire, the right of the Government to
declare vacant lands in the colonies Crown property has been frequently
exercised[5]. In annexing all the vacant lands, the Congo Free State
therefore, has only followed the usual custom practised by all
countries, so that it is obvious these lands are absolutely the property
of the State, which, therefore, has a perfect right either to sell or
lease them to Companies, Missionaries or Traders, or to collect the
produce from them itself.
Indeed it was never intended that the whole Congo Basin should be pegged
out into claims by a host of adventurers without any system, law or
order, for such a proceeding would have speedily led to complete
anarchy. Since then the vacant lands belong to the State, it is obvious
that traders can only acquire landed property either from the State,
from other traders or persons possessing land. Again it is obvious that
a trader only has the right of purchasing the produce of the land from
the owner and although he may buy for example, rubber, which a native
Chief has grown on his own plantation, no Chief may go into the forest
which is State territory, collect the rubber from it and sell it, for
such would be simple robbery.
Public-domain text, read in full here on John Shaqi.
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