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 foregoing exposition of internal policy may be regarded as a
brief statement of the principles which underlie the system of
government in the Congo Free State.
[Sidenote: Treaty between Congo State and United States.]
That the United States did not construe an illogical meaning into
the phrase “freedom of commerce,” and warp it out of all semblance
to its natural character, is evidenced by the terms of its treaty
with the Free State made seven years after the promulgation of the
General Act of the Berlin Conference, during all of which time the
Congo State authorities had acted upon the interpretation of the
phrase indicated in Baron Lambermont’s definition, and in the learned
opinions of Maîtres Barboux, Nys, Van Berchem, and Picard.
Article I. of the treaty of April 2, 1892, between the United States
and the Independent State of the Congo reads:
The citizens and inhabitants of the Independent State of the
Congo in the United States of America and those of the United
States of America in the Independent State of the Congo shall have
reciprocally the right, _on conforming to the laws of the country_,
to enter, travel, and reside in all parts of their respective
territory; to carry on business there; and they shall enjoy in this
respect for the protection of their persons and their property the
same treatment and the same rights as the natives, or the citizens
and inhabitants of the most favoured nation.
[Illustration: Students of the State Technical School, New Antwerp
(Bangala).]
[Illustration: Hospital, Boma.]
In this connection Sir Edward Malet, the British Plenipotentiary
at the Conference, clearly pointed out that “freedom of commerce
unchecked by reasonable control would degenerate into licence.”
Reasonable control is only another name for State law and police
regulation. The Congo Government maintains that, subject to its
internal laws and regulations which affect its own and foreign
subjects alike, the subjects of every nation are free to enter its
territory in pursuit of legitimate trade. _Apropos_ of this phase of
the subject Baron Descamps says:
The power of the State in this connection is incontestable. That
power is derived directly from the primary right and duty to
maintain public order everywhere and under all circumstances.
Nobody can deny the State the right of taking steps, for example,
for the preservation of public safety. Government cannot be carried
on without a judicial and administrative police system, and a State
could not renounce that prerogative without laying itself open to a
charge of incapacity in its primary and essential functions. Hence,
such a renunciation could not be argued from mere presumptions or
inductions.[9]
[Sidenote: The Free-Trade Policy.]
Public-domain text, read in full here on John Shaqi.
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