It is contended by the advocates of the Congo Free State that the form of its government at any time before or after recognition can not in the slightest degree affect the question of the State’s actual existence. It matters not, say the European authorities—Barboux, Picard, Nys, Descamps, Van Berchem, Azcarate, de Martens, and Pierantoni, whether the earlier Government was composed of “federated Negro tribes”; a State ruled by monarchy; territorial and tribal allegiance to an organised central authority; by an autocrat employing civil and military powers, or any other scheme of equitable and civilised domination. The right of the Government to _exist_ cannot be destroyed by latter-day technicalities of law adroitly applied. The point to be noted, says Baron Descamps, is that “the claim to the occupation of vacant territories and to the acquirement by cession of sovereign rights was not inferior to the titles relied upon by European Powers in the course of their colonial expansion.” All this was an element patent in the State’s foundation, obviously understood and admitted by the Powers which, while they assumed that the Congo Basin contained nothing of material or political value to excite their cupidity, they recognised and treated on a basis of equality—so far, at least, as the considerations of the Berlin Conference are concerned. In the present chapter have been briefly considered the legal and ethical aspects of the birth and baptism of the Congo Free State, its romantic evolution from the enlightened forces put into play by the indomitable personal powers of a Prince of the House of Saxe-Coburg-Gotha. In a succeeding chapter will be observed how the obligations imposed by the General Act of Berlin were discharged by the several Powers which assumed them.[6] [Illustration: Native Boys, Boma.] FOOTNOTES: [1] Wheaton’s _International Law_. [2] _L’État Indépendant du Congo_, M. Wauters, p. 27. [3] See _Compilation of Reports of Committee on Foreign Relations_. United States Senate. _Recognition of Congo Free State._ March 26, 1884, Washington, Government Printing Office, 1902. Vol. vi., p. 221. The appendices include, among other documents, the notes of Sir Travers Twiss and Mr. Arntz. [4] _Protocoles et Acte Général de la Conférence de Berlin_ (1884-85), p. 23 ss. [5] F. Cattier, _Droit et Administration de l’État Indépendant du Congo_, 1898, p. 17. [6] For a full report of the Committee on Foreign Relations to the Senate of the United States, March 26, 1884, together with the Treaties of Vivi, Leopoldville, Manyanga, and Stephanieville, see Appendix. CHAPTER VII HORRORS OF THE ARAB SLAVE TRADE [Sidenote: Slavery Defined.] Slavery: the absolute, irresponsible ownership of one class of human beings by another class; a contract in which the only factors are might on the one side and helplessness on the other; servitude exacted by force.