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 mere fact of the acquisition of a political sovereignty over
a certain territory does not in itself confer on the Sovereign—at
least according to modern law—the ownership of all property over
which private individuals have acquired rights. But the recognition
of these same rights, the fixing of just titles of acquisition, the
regulation of the legal system relating to property and especially
of the condition of vacant land, all that constitutes an essential
attribute of sovereignty, in conformity with the necessities of
public order and the general welfare of society.
As a sovereign and independent State, the Congo State has been, and
continues to be, invested with that prerogative.
In appropriating vacant and ownerless land, the State has made
lawful use of an indisputable and perfectly legal right, sanctioned
by international custom and acknowledged by the law of nations.
When regularly in possession of vacant land, is it expedient for
the State to appropriate certain portions for public uses; to
transfer other portions gratuitously or for a consideration, with
full rights of ownership or with the right of using them only, to
private individuals; to preserve other parts for revenue purposes,
by means either of direct administration or of tenure, with a view
to employing the revenue according to the needs or convenience of
the State? That is a question of internal administration which may
be discussed theoretically, as we have already observed, but which
must be left, in practice, to the sovereign decision of the State.
[Sidenote: Early European Settlers.]
Before the Congo State was founded, a few European traders and
missionaries in the Lower Congo were occupying certain undefined
lands under agreements—more or less precarious in term and
effect—with native chiefs. These occupations partook largely of the
temporary nature of the native occupations on the banks of the river.
As these occupations ceased and the land was abandoned, it reverted
to the State, precisely as it reverts, under certain conditions, in
other States and colonies throughout the world.
That the Congo State dealt equitably with foreigners who had
seriously squatted upon lands in the basin, is plainly indicated in
its next decree, dated 22 August, 1885:
Considering that it is necessary to take steps to recognise the
rights of non-natives who acquired property situated in the Congo
Free State before the publication of the present Decree:
On proposal of Our Council of General Administrators,
We have decreed and do decree as follows:
ARTICLE 1. Non-natives who have rights to substantiate on land
situated in the Congo Free State, may have them registered by
presenting a request for registration in the form prescribed by the
following regulations:
This request must be presented in duplicate, before April 1, 1886,
to the public officer, who will have to record the deeds of land.
Public-domain text, read in full here on John Shaqi.
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