The story of the Congo Free State : $b Social, political, and economic aspects of the Belgian system of government in Central AfricaWack, Henry Wellington
History
The story of the Congo Free State : $b Social, political, and economic aspects of the Belgian system of government in Central Africa
Wack, Henry Wellington
Belgium -- Colonies -- Africa -- Administration; Congo (Democratic Republic) -- History -- To 1908
The only restriction on the authority of the recognised native
chiefs lies in the necessity for them not to run counter, in the
decisions taken, to public order, that is to say, principles
which are at the base of the organisation of society, as it is
comprehended and wished to be by the legislator.
The chief’s authority ceases as soon as the measures taken are
contrary to that public order.
Thus, in matters of private right, the native chief could not
legitimately take any course which would assail the organisation
of families constituted under the _régime_ of the civil Code, and
according to its prescribed form,—in other words, entered on the
European statute.
On the other hand, he could not establish slavery, oppose religious
liberties or commercial liberty, or order acts contrary to the
penal law.
Still it is necessary to remark that he may employ coercive and
repressive measures to ensure, as chief, and within the limits of
his power according to custom, the execution of his orders.
But this sanction itself would be contrary to public order if its
character differed from our ideas of what repression should be,
more especially if it were accompanied by torture, mutilation, or
other acts of cruelty, or if it were surrounded with superstitious
practices, such as the proof by poison; in a word, if it were
really to run counter to our ideas of humanity and the civilising
object of the State.
Corporal punishments, similar to those employed by the State and
in a similar measure to what is employed by it, inflicted by the
native chief according to custom, would evidently not be contrary
to public order.
Such are the regulations set forth in a general way which govern
the 258 recognised native chiefs in their participation with the
political life of the State.
These instructions recommend to the territorial authorities
“continual relations with the native chiefs, incessant instructions
and recommendations, a direction and control without interruption,
and a moral and material support in order to maintain and increase
the chief’s authority with a similar object,” and to the judicial
authorities “an intervention marked by prudence in order not to
diminish uselessly the chief’s authority, and not to destroy, or
even weaken, the influence that he should have, and of which the
Government means to make use for the spread of civilisation.”
The care of maintaining intact and of developing the principle of
the chief’s authority might perhaps one day be carried farther.
It would indeed be permissible to wish that, in the future, all
the decisions of an administrative and judicial character, passed
by the European authorities themselves, should be executed by the
intermediary of the recognised chief; in other words, the native
would receive orders only from his natural chief.
Public-domain text, read in full here on John Shaqi.
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