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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..5e1d8a8 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #50573 (https://www.gutenberg.org/ebooks/50573) diff --git a/old/50573-0.txt b/old/50573-0.txt deleted file mode 100644 index eb04f87..0000000 --- a/old/50573-0.txt +++ /dev/null @@ -1,14855 +0,0 @@ -The Project Gutenberg EBook of The Casement Report, by Roger Casement - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org/license - - -Title: The Casement Report - Correspondence and Report from His Majesty's Consul at - Boma Respecting the Administration of the Independent State - of the Congo. - -Author: Roger Casement - -Release Date: November 29, 2015 [EBook #50573] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK THE CASEMENT REPORT *** - - - - -Produced by Chuck Greif and the Online Distributed -Proofreading Team at http://www.pgdp.net (This file was -produced from images available at The Internet Archive) - - - - - - - - - -ACCOUNTS AND PAPERS: - -_SIXTY-FIVE VOLUMES_. - ---(14.)-- - -COLONIES AND BRITISH POSSESSIONS--_continued_. - -AFRICA--_continued_. - - -Session -_2 February 1904--15 August 1904._ - - -VOL. LXII. - -1904. - - CORRESPONDENCE relating to the Recruitment of Labour in the British - Central Africa Protectorate for Employment in the Transvaal. - -[In continuation of “Africa No 2 (1903).”] - -_Presented to both Houses of Parliament by His -Majesty’s Command. March 1904._ - -LONDON: -PRINTED BY HARRISON AND SONS - - - - -AFRICA. No. 1 (1904). - -CORRESPONDENCE - -AND - -REPORT FROM HIS MAJESTY’S CONSUL AT BOMA - -RESPECTING THE - -ADMINISTRATION - -OF THE - -INDEPENDENT STATE OF THE CONGO. - -_Presented to both Houses of Parliament by Command of His Majesty._ -_February 1904._ - -LONDON: -PRINTED FOR HIS MAJESTY’S STATIONERY OFFICE, -BY HARRISON AND SONS, ST. MARTIN’S LANE, - -PRINTERS IN ORDINARY TO HIS MAJESTY. - -And to be purchased, either directly or through any Bookseller, from -EYRE AND SPOTTISWOODE, EAST HARDING STREET, FLEET STREET, R.C., -AND 32, ABINGDON STREET, WESTMINSTER, S.W.; -OR OLIVER AND BOYD, EDINBURGH; -OR E. PONSONBY, 116, GRAFTON STREET, DUBLIN. - -[Cd. 1933.] _Price_ 8-1/2_d._ - - - - -TABLE OF CONTENTS. - - - ----+-------------------+-------------+--------------------------------+------ - No. | Name. | Date. | SUBJECT. | Page. - ----+-------------------+-------------+--------------------------------+------ - 1 | Lord Cromer |Jan. 21, 1903|Visit to Congo stations of Kiro | - | | | and Lado. Native | - | | | relations with Congo officials.| - | | | Few natives, to be | - | | | seen in the stations | 1 - | | | | - 2 | Sir C. Phipps |Sept. 19, |Transmits note from Congo | - | | | Government in answer | - | | | to despatch of 8th August | - | | | to Powers parties to | - | | | the Act of Berlin | 2 - | | | | - 3 | Mr. Casement |Dec. 11, |Transmits report on his visit | - | | | to interior of Congo | - | | | State and on condition | - | | | of natives | 21 - | | | | - 4 | To Sir C. Phipps |Feb. 11, 1904|Transmits Memorandum | - | | | in answer to note of Congo | - | | | Government of 12th | - | | | September inclosed in No. 2 | 82 - | | | | - 5 | To His Majesty’s |Feb. 12, |Transmits papers on condition | - | Representatives | | of affairs in Congo State | - | at Paris | | State | - | and other Capitals| | | 84 - ----+-------------------+-------------+--------------------------------+------ - - - - -Correspondence and Report from His Majesty’s Consul at Boma respecting -the Administration of the Independent State of the Congo. - - - - -No. 1. - -_The Earl of Cromer to the Marquess of Lansdowne_.--(_Received February -9_.) - -(Extract.) - -_On the Nile, near Kiro, January 21, 1903_ - -I have just visited the Belgian stations of Kiro and Lado, as also the -station of Gondokoro in the Uganda Protectorate. - -Your Lordship may like to receive some remarks on the impressions I -derived as regards the Belgian positions on the Upper Nile. - -I should, in the first instance, observe that Commandant Hanolet, who is -in charge of the district, was absent in the interior of the country; -but Sir Reginald Wingate and myself were most courteously received by -the officers in command at Kiro and Lado. - -From the point of view of appearance, the two Belgian stations contrast -favourably with any of the Soudanese stations on the Nile, and still -more favourably with Gondokoro in the Uganda Protectorate. The principal -dwelling-houses are of brick. They seem to be well built. The stations -are kept scrupulously clean. The troops are well housed. Flourishing -gardens have been created. I counted the graves of nine Europeans at -Kiro, all of whom died of fever, but I am informed that the health of -the place is now greatly improved. - -I had heard so many and such contradictory accounts of the Belgian -Administration that I was very desirous of ascertaining some concise and -definite evidence on this subject. During a hurried visit, and with -opportunities of observation confined to the banks of the river, I -scarcely anticipated that I should be able to arrive at any independent -opinion on the point at issue. I saw and heard, however, quite enough to -gain an insight into the spirit which pervades the Administration. - -It must be remembered that the 1,100 miles of country which I traversed -between Khartoum and Gondokoro has, until recently, been the prey of -slave-dealers, Egyptian Pashas, and dervishes. Under the circumstances, -it might well have been expected that much time would be required to -inspire confidence in the intentions of the new Government. It is, -however, certain that, with the exception of a portion of the Nuer -tribe, who live in a very remote region on the upper waters of the -Sobat, confidence has been completely established in those districts -which are under British rule. Except in the uninhabitable “Sudd” region, -numerous villages are dotted along the banks of the river. The people, -far from flying at the approach of white men as was formerly the case, -run along the banks, making signs for the steamer to stop. It is clear -that the Baris, Shilluks, and Dinkas place the utmost trust and -confidence in the British officers with whom they are brought in -contact. In spite of the difficulties of communicating with them through -an interpreter--himself but slightly educated--it was impossible to -mistake their manifest signs and expressions of security and content. -They flock into the Settlements without fear; and if, as often happens, -they will not work, it is merely because they are lazy and have few -wants, not because they entertain doubt that they will be paid for -working. These remarks apply equally to Gondokoro, although I was only -able to see a few of the natives there. I had not time to visit the -principal Bari village, which lies at some little distance from the -river. - -The contrast when once Congolese territory is entered is remarkable. -From the frontier to Gondokoro is about 80 miles. The proper left, or -western, bank of the river is Belgian. The opposite bank is either under -the Soudanese or the Uganda Government. There are numerous islands, and -as all these are under British rule--for the thalweg, which, under -Treaty, is the Belgian frontier, skirts the western bank of the -river--I cannot say that I had an opportunity of seeing a full 80 miles -of Belgian territory. At the same time, I saw a good deal, and I noticed -that, whereas there were numerous villages and huts on the eastern bank -and on the islands, on the Belgian side not a sign of a village existed. -Indeed, I do not think that any one of our party saw a single human -being in Belgian territory, except the Belgian officers and men and the -wives and children of the latter. Moreover, not a single native was to -be seen either at Kiro or Lado. I asked the Swedish officer at Kiro -whether he saw much of the natives. He replied in the negative, adding -that the nearest Bari village was situated at some distance in the -interior. The Italian officer at Lado, in reply to the same question, -stated that the nearest native village was seven hours distant. - -The reason of all this is obvious enough. The Belgians are disliked. The -people fly from them, and it is no wonder they should do so, for I am -informed that the soldiers are allowed full liberty to plunder, and that -payments are rarely made for supplies. The British officers wander, -practically alone, over most parts of the country, either on tours of -inspection or on shooting expeditions. I understand that no Belgian -officer can move outside the settlements without a strong guard. - -It appears to me that the facts which I have stated above afford amply -sufficient evidence of the spirit which animates the Belgian -Administration, if, indeed, Administration it can be called. The -Government, so far as I could judge, is conducted almost exclusively on -commercial principles, and, even judged by that standard, it would -appear that those principles are somewhat short-sighted. - - - - -No. 2. - -_Sir C. Phipps to the Marquess of Lansdowne.--(Received September 21.)_ - -My Lord, - -_Brussels, September 19, 1903._ - -I have the honour to transmit herewith copy of a note, together with its -inclosures, which has been addressed by the Congo Government to the -Representatives at Brussels of the Powers parties to the Act of Berlin -to which your Lordship’s Circular despatch of the 8th August respecting -the affairs of the Independent State of the Congo had been -communicated.[1] - -M. de Cuvelier, in handing me these documents, stated that he had been -instructed to follow the same procedure as that adopted by His Majesty’s -Government. - -I have, &c. -(Signed) CONSTANTINE PHIPPS. - - -Inclosure in No. 2. - -Le Gouvernement de l’État Indépendant du Congo, ayant eu connaissance de -la dépêche du Foreign Office, datée du 8 Août dernier, remise aux -Puissances Signataires de l’Acte de Berlin, constate qu’il est d’accord -avec le Gouvernement de Sa Majesté sur deux points fondamentaux, à -savoir, que les indigènes doivent être traités avec humanité et menés -graduellement dans les voies de la civilisation, et que la liberté de -commerce, dans le bassin conventionnel du Congo, doit être entière et -complète. - -Mais il nie que la manière dont est administré l’État entraînerait un -régime systématique “de cruauté ou d’oppression” et que le principe de -la liberté commerciale apporterait des modifications au droit de -propriété tel qu’il est universellement compris, alors qu’il n’est pas -un mot à cet effet dans l’Acte de Berlin. L’État du Congo note qu’il ne -se trouve dans cet Acte aucune disposition qui consacrerait des -restrictions quelconques à l’exercice du droit de propriété ou qui -reconnaîtrait aux Puissances Signataires un droit d’intervention dans -les affaires d’administration intérieure les unes des autres. Il tient à -se montrer fidèle observateur de l’Acte de Berlin, de ce grand Acte -International qui lie toutes les Puissances Signataires ou adhérentes, -en ce que dit le sens grammatical si clair de son texte, que nul n’a -pouvoir de diminuer ou d’amplifier. - -La note Anglaise remarque que c’est en ces dernières années qu’a pris -consistance la campagne menée en Angleterre contre l’État du Congo, sous -le double prétexte de mauvais traitements des natifs et de l’existence -de monopoles commerciaux. - -Il est à remarquer, en effet, que cette campagne date du jour où la -prospérité de l’État s’affirma. L’État se trouvait fondé depuis des -années et administré comme il l’est aujourd’hui, ses principes sur la -domanialité des terres vacantes, l’organisation et le recrutement de sa -force armée étaient connus et publics, sans que ces philanthropes et ces -commerçants, de l’opinion desquels fait état le début de la note, s’en -montrassent préoccupés. C’était l’époque où le Budget de l’État ne -pouvait s’équilibrer que grâce aux subsides du Roi-Souverain et aux -avances de la Belgique, et où le mouvement commercial du Congo -n’attirait pas l’attention. On ne trouve le terme “the Congo atrocities” -utilisé alors qu’à propos de “the alleged ill-treatment of African -natives by English and other adventurers in the Congo Free State.”[2] A -partir de 1895, le commerce de l’État du Congo prend un essor marqué, et -le chiffre des exportations monte progressivement de 10 millions en 1895 -à 50 millions en 1902. C’est aussi à partir d’alors que le mouvement -contre l’État du Congo se dessine. Au fur et à mesure que l’État -affirmera davantage sa vitalité et ses progrès, la campagne ira -s’accentuant, s’appuyant sur quelques cas particuliers et isolés pour -invoquer des prétextes d’humanité et dissimuler le véritable objectif -des convoitises qui, dans leur impatience, se sont cependant trahies -sous la plume des pamphlétaires et par la voix de membres de la Chambre -des Communes, mettant nettement en avant la disparition et le partage de -l’État du Congo. - -Il fallait, dans ce but, dresser contre l’État toute une liste de chefs -d’accusation. Dans l’ordre humanitaire, on a repris, pour les rééditer à -l’infini, les cas allégués de violences contre les indigènes. Car, dans -cette multitude de “meetings,” d’écrits, de discours, dirigés ces -derniers temps contre l’État, ce sont toujours les mêmes faits affirmés -et les mêmes témoignages produits. Dans l’ordre économique, on a accusé -l’État de violation de l’Acte de Berlin, nonobstant les considérations -juridiques des hommes de loi les plus autorisés qui justifient, à toute -évidence de droit, son régime commercial et son système foncier. Dans -l’ordre politique, on a imaginé cette hérésie en droit international -d’un État, dont l’indépendance et la souveraineté sont entières, qui -relèverait d’ingérences étrangères. - -En ce qui concerne les actes de mauvais traitement à l’égard des natifs, -nous attachons surtout de l’importance à ceux qui, d’après la note, ont -été consignés dans les dépêches des Agents Consulaires de Sa Majesté. A -la séance de la Chambre des Communes du 11 Mars, 1903, Lord Cranborne -s’était déjà référé à ces documents officiels, et nous avons demandé à -son Excellence Sir C. Phipps que le Gouvernement Britannique voulût bien -nous donner connaissance des faits dont il s’agissait. Nous réitérons -cette demande. - -Le Gouvernement de l’État n’a jamais d’ailleurs nié que des crimes et -délits se commissent au Congo, comme en tout autre pays ou toute autre -Colonie. La note reconnaît elle-même que ces faits délictueux ont été -déférés aux Tribunaux et que leurs auteurs ont été punis. La conclusion -à en tirer est que l’État remplit sa mission; la conclusion que l’on en -déduit est que “many individual instances of cruelty have taken place in -the Congo State” et que “the number of convictions falls considerably -short of the number of actual offences committed.” Cette déduction ne -paraît pas nécessairement indiquée. Il semble plus logique de dire que -les condamnations sévères prononcées seront d’un salutaire exemple et -qu’on peut en espérer une diminution de la criminalité. Que si -effectivement des actes délictueux, sur les territoires étendus de -l’État, ont échappé à la vigilance de l’autorité judiciaire, cette -circonstance ne serait pas spéciale à l’État du Congo. - -La note Anglaise procède surtout par hypothèses et par suppositions: “It -was alleged.... It is reported.... It is also reported....” et elle en -arrive à dire que “His Majesty’s Government do not know precisely to -what extent these accusations may be true.” C’est la constatation que, -aux yeux du Gouvernement Britannique lui-même, les accusations dont il -s’agit ne sont ni établies ni prouvées. Et, en effet, la violence, la -passion et l’invraisemblance de nombre de ces accusations les rendent -suspectes aux esprits impartiaux. Pour n’en donner qu’un exemple, on a -fait grand état de cette allégation que, sur un train descendant de -Léopoldville à Matadi, trois wagons étaient remplis d’esclaves, dont une -douzaine étaient enchaînés, sous la garde de soldats. Des renseignements -ont été demandés au Gouverneur-Général. Il répond: “Les individus -représentés comme composant un convoi d’esclaves étaient, pour la plus -grande majorité (125), des miliciens dirigés du district de -Lualaba-Kassaï, du Lac Léopold II et des Bangalas, sur le camp du -Bas-Congo. Vous trouverez annexés les états relatifs à ces individus. -Quant aux hommes enchaînés, ils constituaient un groupe d’individus -condamnés par le Tribunal territorial de Basoko et qui venaient purger -leur peine à la maison centrale de Boma. Ce sont les numéros 3642 à 3649 -du registre d’écrou de la prison de Boma.” - -C’est ainsi encore qu’une “interview” toute récente, reproduisant les -accusations coutumières de cruauté, est due à un ancien agent de l’Etat -“déclaré impropre au service,” et qui n’a pas vu accepter par l’État sa -proposition d’écrire dans la presse des articles favorables à -l’Administration. - -La note ignore les réponses, démentis, ou rectifications qu’ont amenés, -dans les différents temps où elles se sont produites, les attaques -contre les Agents de l’État. Elle ignore les déclarations officielles -qu’en Juin dernier, le Gouvernement de l’État fit publiquement à la -suite des débats du 20 Mai à la Chambre des Communes, débats annexés à -la note. Nous annexons ici le texte de ces déclarations, qui ont, par -avance, rencontré les considérations de la dépêche du 8 Août. - -Le seul grief nouveau qu’elle énonce--en vue sans doute d’expliquer ce -fait non sans importance, que le Consul Anglais qui a résidé au Congo -depuis 1901 ne paraît pas appuyer de son autorité personnelle les -dénonciations de particuliers--c’est que cet Agent aurait été -“principally occupied in the investigation of complaints preferred by -British subjects.” L’impression en résulterait que de telles plaintes -auraient été exceptionnellement nombreuses. Sans aucun doute, le Consul, -en diverses occasions, s’est mis en rapport avec l’Administration de -Boma dans l’intérêt de ses ressortissants, mais il ne paraît pas que ces -affaires, si l’on en juge par celles d’entre elles dont a eu à s’occuper -la Légation d’Angleterre auprès du Gouvernement Central à Bruxelles, -soient autres, par leur nombre ou leur importance, que celles de la vie -administrative courante: des cas ont notamment visé le règlement de -successions délaissées au Congo par des ressortissants Anglais; -quelques-uns ont eu pour objet la réparation d’erreurs de procédure -judiciaire comme il s’en produit ailleurs, et il n’est pas avancé que -ces réclamations n’ont pas reçu la suite qu’elles comportaient. Le même -Consul, dont la nomination remonte à 1898, écrivait le 2 Juillet, 1901, -au Gouverneur-Général:-- - -“I pray believe me when I express now, not only for myself, but for my -fellow-countrymen in this part of Africa, our very sincere appreciation -of your efforts on behalf of the general community--efforts to promote -goodwill among all and to bring together the various elements of our -local life.” - -Les prédécesseurs de Mr. R. Casement--car des Consuls Anglais avec -juridiction sur le Congo ont été appointés par le Gouvernement de Sa -Majesté depuis 1888--ne paraissent pas davantage avoir été absorbés par -l’examen de plaintes multiples; tout au moins une telle appréciation ne -se trouve pas consignée dans le Rapport, le seul publié, de M. le Consul -Pickersgill, qui, par le fait qu’il rend compte de son voyage à -l’intérieur du Congo, jusqu’aux Stanley Falls, dément cette sorte -d’impossibilité, pour les Agents Consulaires Anglais, d’apprécier _de -visu_ toute partie quelconque de leur juridiction. - -Comme allégations contre le système d’administration de l’État, la note -vise les impôts, la force publique et ce qu’on appelle le travail forcé. - -Au fond, c’est la contribution de l’indigène du Congo aux charges -publiques que l’on critique, comme s’il existait un seul pays ou une -seule Colonie où l’habitant, sous une forme ou sous une autre, ne -participe pas à ces charges. On ne conçoit pas un État sans ressources. -Sur quel fondement légitime pourrait-on baser l’exemption de tout impôt -pour les indigènes, alors qu’ils sont les premiers à bénéficier des -avantages d’ordre matériel et moral introduits en Afrique? A défaut de -numéraire, il leur est demandé une contribution en travail. D’autres ont -dit la nécessité, pour sauver l’Afrique de sa barbarie, d’amener le noir -à la compréhension du travail, précisément par l’obligation de -l’impôt:-- - -“It is a question (of native labour) which has engaged my most careful -attention in connection with West Africa and other Colonies. To listen -to the right honourable gentleman, you would almost think that it would -be a good thing for the native to be idle. I think it is a good thing -for him to be industrious; and by every means in our power, we must -teach him to work.... No people ever have lived in the world’s history -who would not work. In the interests of the natives all over Africa, we -have to teach them to work.” - -Ainsi s’exprimait Mr. Chamberlain à la Chambre des Communes, le 6 Août, -1901. Et récemment, il disait:-- - -“We are all of us taxed, and taxed heavily. Is that a system of forced -labour?... To say that because we put a tax on the native therefore he -is reduced to a condition of servitude and of forced labour is, to my -mind, absolutely ridiculous.... It is perfectly fair to my mind that the -native should contribute something towards the cost of administering -the country.” (House of Commons, the 9th March, 1903.) - -“If that really is the last word of civilization, if we are to proceed -on the assumption that the nearer the native or any human being comes to -a pig the more desirable is his condition, of course I have nothing to -say.... I must continue to believe that, at all events, the progress of -the native in civilization will not be secured until he has been -convinced of the necessity and the dignity of labour. Therefore, I think -that anything we reasonably can do to induce the native to labour is a -desirable thing.” - -Et il défendait le principe d’une taxe sur le natif parce que “the -existence of the tax is an inducement to him to work.” (House of -Commons, the 24th March, 1903.) - -Aussi l’exemple de taxes sur les indigènes se retrouve-t-il presque -partout en Afrique. Au Transvaal, chaque natif paie une taxe de -capitation de 2_l._; dans l’Orange River Colony, le natif est soumis à -une “poll tax;” dans la Southern Rhodesia, le Bechuanaland, le -Basutoland, dans l’Uganda, au Natal, il est perçu une “hut tax;” au Cap, -on trouve cette “hut tax” et une “labour tax;” dans l’Afrique Orientale -Allemande, il est également perçu un impôt sur les huttes, payable en -argent, en produits, ou en travail. Cette sorte d’impôt a été appliquée -encore dans le Protectorat de Sierra-Leone, où elle a pu être payée “in -kind by rice or palm-nuts,” et la suggestion a été faite “that work on -roads and useful works should be accepted in lieu of payment in money or -produce.” - -On voit donc que le mode de paiement de l’impôt, en argent ou en nature, -n’en altère pas la légitimité, lorsque son taux n’est pas excessif. Tel -est le cas au Congo, où les prestations fournies par l’indigène ne -représentent pas plus de quarante heures de travail par mois. Encore -est-il que ce travail est rétribué et que l’impôt payé en nature fait, -en quelque sorte, l’objet d’une ristourne à l’indigène. - -Partout le paiement de l’impôt est obligatoire; son non-paiement -entraîne des voies de contrainte. Les textes qui établissent les taxes -sur les huttes frappent l’indigène récalcitrant de peines, telles que -l’emprisonnement et le travail forcé. Au Congo non plus, l’impôt n’est -pas facultatif. On a vu, ailleurs, les actes d’autorité qu’a parfois -rendus nécessaires le refus des indigènes de se soumettre à la loi: -telles les difficultés à Sierra-Leone, à propos desquelles un publiciste -Anglais, parlant des agents de la force publique, affirme:-- - -“Between July 1894 and February 1896, no fewer than sixty-two -convictions--admittedly representing a small proportion of offences -actually committed--were recorded against them for flogging, plundering, -and generally maltreating the natives.” - -D’autres exemples pourraient être rappelés de l’opposition que rencontre -chez les populations indigènes l’établissement des règles -gouvernementales. Il est fatal que la civilisation se heurte à leurs -instincts de sauvagerie, à leurs coutumes et pratiques barbares; et il -se conçoit qu’elles ne se plient pas sans impatience à un état social -qui leur apparaît comme restrictif de leurs licences et de leurs excès -et qu’elles cherchent même à s’y soustraire. C’est une chose commune en -Afrique que l’exode d’indigènes, passant d’un territoire à l’autre, dans -l’espoir de trouver de l’autre côté des frontières une autorité moins -établie ou moins forte, et de s’exonérer de toute dépendance et de toute -obligation. Il se pourrait, à coup sûr, que des indigènes de l’État se -soient, sous l’empire de telles considérations, déplacés vers les -territoires voisins, encore qu’une sorte d’émigration sur une large -échelle, comme la présente la note Anglaise, n’ait jamais été signalée -par les Commandants des provinces frontières. Il est, au contraire, -constaté, dans la région du Haut-Nil, que des natifs qui s’étaient -installés en territoire Britannique sont revenus sur la rive gauche à la -suite de l’établissement d’impositions nouvellement édictées par -l’autorité Anglaise. Si c’est, d’ailleurs, ces régions qui sont visées, -les informations de la note semblent être en contradiction avec d’autres -renseignements donnés, par exemple, par Sir Harry Johnston:-- - -“This much I can speak of with certainty and emphasis: that from the -British frontier near Fort George to the limit of my journeys into the -Mbuba country of the Congo Free State, up and down the Semliki, the -natives appear to be prosperous and happy.... The extent to which they -were building their villages and cultivating their plantations within -the precincts of Fort Mbeni showed that they had no fear of the -Belgians.” - -Le Major H. H. Gibbons, qui s’est trouvé plusieurs mois sur le Haut-Nil, -écrit:-- - -“Ayant eu l’occasion de connaître plusieurs officiers et de visiter -leurs stations de l’État du Congo, je suis convaincu que la conduite de -ces messieurs a été bien mal interprétée par la presse. J’ai cité comme -preuve mon expérience personnelle, qui est en opposition avec une -version récemment publiée par la presse Anglaise, qui les accuse de -grandes cruautés.” - -La déclaration de Juin dernier, ci-jointe, a fait justice des critiques -contre la force publique de l’État en signalant que son recrutement est -réglé par la loi et qu’il n’atteint qu’un homme sur 10,000. Dire que -“the method of obtaining men for military service is often but little -different from that formerly employed to obtain slaves,” c’est -méconnaître les prescriptions minutieuses édictées pour, au contraire, -éviter les abus. Les levées s’opèrent dans chaque district; les -Commissaires de District règlent, de commun accord avec les Chefs -indigènes, le mode de conscription. Les engagements volontaires et les -multiples réengagements complètent aisément les effectifs qui atteignent -à peine le chiffre modique de 15,000 hommes. - -Ceux qui allèguent, comme le dit la note, que “the men composing the -armed force of the State were in many cases recruited from the most -warlike and savage tribes,” ignorent que la force publique est recrutée -dans toutes les provinces et parmi toute la population du territoire. -Les intérêts de l’État protestent contre cette notion d’une armée que -l’autorité elle-même formerait d’éléments indisciplinés et sauvages et -des exemples--tels que les excès qui ont été mis à charge des -auxiliaires irréguliers utilisés dans l’Uganda, ainsi que les révoltes -qui se sont produites jadis au Congo, imposent, au contraire, une -circonspection spéciale pour la composition de la force armée. Les -cadres Européens, qui se composent d’officiers Belges, Italiens, -Suédois, Norwégiens, et Danois, y maintiennent une sévère discipline, et -l’on chercherait en vain à quelles réelles circonstances fait allusion -l’assertion que les soldats “not infrequently terrorized over their own -officers.” Elle n’est pas plus fondée que cette autre assertion, “that -compulsion is often exercised by irresponsible native soldiers -uncontrolled by an European officer.” Depuis longtemps, l’autorité était -consciente des dangers que présentait l’existence de postes de soldats -noirs, dont le Rapport de Sir D. Chalmers, sur l’insurrection à -Sierra-Leone, a constaté les inévitables abus de pouvoirs. Au Congo, ils -ont été graduellement supprimés. - -Il apparaîtra, à ceux qui ne nient pas l’évidence, que des reproches -articulés contre l’État, le plus injuste est d’avancer “that no attempt -at any administration of the natives is made, and that the officers of -the Government do not apparently concern themselves with such work.” - -On peut s’étonner de trouver semblable affirmation dans une dépêche d’un -Gouvernement dont l’un des membres, Lord Cranborne, Sous-Secrétaire -d’État pour les Affaires Étrangères, disait le 20 Mai dernier:-- - -“There was no doubt that the administration of the Congo Government had -been marked by a very high degree of a certain kind of administrative -development. There were railways, there were steamers upon the river, -hospitals had been established, and all the machinery of elaborate -judicial and police systems had been set up.” - -Un autre Membre de la Chambre des Communes reconnaissait-- - -“That the Congo State had done good work in excluding alcoholic liquors -from the greater part of their domain, that they had established a -certain number of hospitals, had diminished small-pox by means of -vaccination, and had suppressed the Arab Slave Trade.” - -Si atténuées que soient ces appréciations, encore démentent-elles cette -affirmation d’aujourd’hui que “the natives are left entirely to -themselves, so far as any assistance in their government or in their -affairs is concerned.” - -Telles ne semblent pas être les conclusions auxquelles, déjà en 1898, -arrivait le Consul Anglais Pickersgill. - -“Has the welfare of the African,” se demande-t-il, “been duly cared for -in the Congo State?” Il répond: “The State has restricted the liquor -trade ... it is scarcely possible to over-estimate the service which is -being rendered by the Congo Government to its subjects in this -matter.... Intertribal wars have been suppressed over a wide area, and, -the imposition of European authority being steadily pursued, the -boundaries of peace are constantly extending.... The State must be -congratulated upon the security it has created for all who live within -the shelter of its flag and abide by its laws and regulations.... Credit -is also due to the Congo Government in respect of the diminution of -cannibalism.... The yoke of the notorious Arab Slave Traders has been -broken, and traffic in human beings amongst the natives themselves has -been diminished to a considerable degree.” - -Ce Rapport constatait aussi que les travaux des natifs étaient rémunérés -et rendait hommage aux efforts de l’État pour instruire les jeunes -indigènes et ouvrir des écoles. - -Depuis 1898 l’amélioration de la condition générale de l’indigène a -encore progressé. Le portage à dos d’homme, dont précisément Mr. -Pickersgill signalait le côté pénible pour les indigènes, a disparu là -où il était le plus actif, en raison de la mise en exploitation des -voies ferrées. Ailleurs, l’automobile est utilisée comme moyen de -transport. La “sentry”--le poste de soldats nègres qu’il critiquait non -sans raison--n’existe plus. Le bétail est introduit dans tous les -districts. Des Commissions d’Hygiène sont instituées. Les écoles et les -ateliers se sont multipliés. - -“L’indigène,” dit le document ci-joint, “est mieux logé, vêtu, nourri; -il remplace ses huttes par des habitations plus résistantes et mieux -appropriées aux exigences de l’hygiène; grâce aux facilités de -transport, il s’approvisionne des produits nécessaires à ses besoins -nouveaux; des ateliers lui sont ouverts, où il apprend des métiers -manuels--tels que, ceux de forgeron, charpentier, mécanicien, maçon; il -étend ses plantations, et, à l’exemple des blancs, s’inspire des modes -de culture rationnels; les soins médicaux lui sont assurés; il envoie -ses enfants dans les colonies scolaires de l’État et aux écoles des -missionnaires.” - -Il est juste de reconnaître, a-t-on dit à la Chambre des Communes, que -la régénération matérielle et morale de l’Afrique Centrale ne peut être -l’œuvre d’un jour. Les résultats obtenus jusqu’à présent sont -considérables; nous chercherons à les consolider et à les accentuer, -malgré les entraves que l’on s’efforce de mettre à l’action de l’État, -action que l’intérêt bien entendu de la civilisation serait, au -contraire, de favoriser. - -La note Anglaise ne démontre pas que le système économique de l’État est -opposé à l’Acte de Berlin. Elle ne rencontre pas les éléments de droit -et de fait par lesquels l’État a justifié la conformité de ses lois -foncières et de ses concessions avec les dispositions de cet Acte. Elle -n’explique pas pourquoi ni en quoi la liberté de commerce, termes dont -la Conférence de Berlin s’est servie dans leur sens usuel, grammatical -et économique, ne serait plus entière au Congo parce qu’il s’y trouve -des propriétaires. - -La note confond l’exploitation de son bien par le propriétaire avec le -commerce. L’indigène, qui récolte pour compte du propriétaire, ne -devient pas propriétaire des produits récoltés et ne peut naturellement -les céder à autrui, pas plus que l’ouvrier qui extrait les produits -d’une mine ne peut en frustrer le propriétaire en en disposant lui-même. -Ces règles sont de droit et sont mises en lumière dans de multiples -documents: consultations juridiques et décisions judiciaires dont -quelques-unes sont annexées. Le Gouvernement de Sa Majesté ne conteste -pas que l’État a le droit de répartir les terres domaniales entre les -occupants _bonâ fide_ et que l’indigène ne peut plus prétendre aux -produits du sol, mais seulement lorsque “land is reduced into individual -occupation.” La distinction est sans base juridique. Si l’État peut -céder les terres, c’est que l’indigène n’en a pas la propriété, et à -quel titre alors conserverait-il un droit aux produits d’un fonds dont -la propriété est légitimement acquise par d’autres? Pourrait-on -soutenir, par exemple, que la Compagnie du Chemin de Fer du Bas-Congo ou -la Société du Sud-Cameroun ou l’Italien Colonial Trading Company sont -tenues de tolérer le pillage par les indigènes des terres qu’elles ont -reçues, parce qu’elles ne les occuperaient pas actuellement? En fait, -d’ailleurs, au Congo, l’appropriation des terres exploitées en régie ou -par les Compagnies Concessionnaires est chose réalisée. L’État et les -Sociétés ont consacré à leur mise en valeur, notamment des forêts, des -sommes considérables se chiffrant par millions de francs. Il n’y a donc -pas de doute que dans tous les territoires du Congo, l’État exploite -réellement et complètement ses propriétés, tout comme les Sociétés -exploitent réellement et complètement leurs Concessions. - -Cet état de choses existant et consolidé dans l’État Indépendant -permettrait, en ce qui le concerne, de ne point insister plus longuement -sur la théorie formulée par la note et qui envisage tour à tour les -droits de l’État, ceux des occupants _bonâ fide_, ceux des indigènes. - -Cependant, elle s’impose à l’attention des Puissances par les graves -difficultés qu’elle ferait surgir si elle était implicitement acceptée. - -La nota contient les trois propositions suivantes:-- - -“The State has the right to partition the State lands among _bonâ fide_ -occupants.” - -“The natives will, as the land is so divided out amongst _bonâ fide_ -occupiers, lose their right of roaming over it and collecting the -natural fruits which it produces.” - -“Until unoccupied land is reduced into individual occupation and so long -as the produce can only be collected by the native, the native should -be free to dispose of that produce as he pleases.” - -Il n’est pas une de ces propositions qui ne semble exclure les deux -autres, et à vrai dire ces contradictions aboutissent à la négation du -droit de Concession. - -S’il a existé des occupants _bonâ fide_, ils sont devenus propriétaires: -l’occupation, lorsqu’elle trouve à s’exercer, est dans toutes les -législations un des modes d’acquisition de la propriété, et, au Congo, -les titres en dérivant ont été légalement enregistrés. Si la terre n’a -été valablement occupée par personne, elle est sans maître ou, plus -exactement, elle a l’État pour maître: il peut en disposer au profit -d’un tiers, et celui-ci trouve dans cet acte de disposition un titre -complet et absolu. Dans l’un comme dans l’autre cas, il ne se conçoit -pas que les fruits du sol puissent être réservés à d’autres qu’au -propriétaire sous le prétexte qu’il n’est pas apte, en fait, à récolter -les produits de son fonds. - -Par une singulière contradiction, le système de la note dit qu’à la -suite de l’attribution des terres par l’État, les indigènes “lose their -right of collecting the natural fruits,” et, d’autre part, qu’ils -conservent le droit de disposer de ces produits “until unoccupied land -is reduced into individual occupation.” On ne comprend pas la notion -d’un droit appartenant aux natifs qui existerait ou non de par le fait -de tiers. Ou bien, par suite de l’attribution des terres, ils ont perdu -leurs droits, et alors ils les ont perdus totalement et complètement; ou -bien, ils les ont conservés, et ils doivent les conserver, quoique “the -land is reduced into individual occupation.” - -Que faut-il d’ailleurs entendre dans le système de la note par occupants -“_bonâ fide_” et par “individual occupation?” Qui sera juge du point de -savoir si l’occupant a mis ses terres en état d’occupation individuelle, -s’il était apte à en recueillir les produits ou si c’était encore -l’indigène? Ce serait, en tous cas, des points relevant essentiellement -du droit interne. - -La note, au surplus, est incomplète sur un autre point. Elle dit que là -où l’exploitation ne se ferait pas encore par les ayants droit, la -faculté d’exploiter devrait appartenir aux indigènes. Elle voudrait donc -donner un droit aux indigènes au préjudice des Gouvernements ou des -concessionnaires blancs, mais n’explique pas comment ni par qui le tort -ainsi causé serait compensé ou indemnisé. Quoique le système ainsi -préconisé ne puisse avoir d’application dans l’État du Congo, puisqu’il -ne s’y trouve plus de terres inappropriées, cette remarque s’impose dans -l’intérêt des blancs établis dans le bassin conventionnel. S’il est -équitable de bien traiter les noirs, il est juste de ne pas spolier les -blancs, qui, dans l’intérêt de tous, doivent rester la race dirigeante. - -Économiquement parlant, il serait déplorable qu’en dépit des droits -régulièrement acquis par les blancs, les terres domaniales se -trouvassent livrées aux indigènes, fût-ce temporairement. Ce serait le -retour à leur état d’abandon de jadis, alors que les natifs les -laissaient inproductives, car les récoltes de caoutchouc, les -plantations de café, de cacao, de tabac, &c., datent du jour où l’État -en a pris lui-même l’initiative: le mouvement des exportations était -insignifiant avant l’essor que lui ont donné les entreprises -gouvernementales. Ce serait aussi l’inobservance certaine des mesures -d’exploitation rationnelle, de plantation et de replantation auxquelles -s’astreignent l’État et les Sociétés Concessionnaires pour assurer la -conservation des richesses naturelles du pays. - -Jamais au Congo, que nous sachions, les demandes d’achat des produits -naturels n’ont été adressées aux légitimes propriétaires. Jusqu’ici l’on -n’a cherché à y acheter que des produits provenant de recels, et l’État, -comme c’était son devoir, a fait poursuivre ces tentatives délictueuses. - -La politique de l’État n’a pas, comme on l’a dit, tué le commerce: elle -l’a, au contraire, créé, et elle perpétue la matière commerciale; c’est -grâce à elle que, sur le marché commercial d’Anvers et bientôt au Congo -même--on examine la possibilité d’y établir des dépôts de vente--peuvent -être offertes annuellement à tous indistinctement, sans privilège ni -monopole, 5,000 tonnes de caoutchouc récolté au Congo, alors -qu’antérieurement, par exemple en 1887, l’exportation du caoutchouc se -chiffrait à peine par 30 tonnes. C’est l’État qui, après avoir à ses -frais créé la matière commerciale, en maintient soigneusement la source -au moyen des plantations et replantations. - -Il n’est pas à oublier que l’État du Congo a dû compter sur ses propres -ressources. Ce fut une nécessité pour lui d’utiliser son domaine dans -l’intérêt général. Toutes les recettes du domaine sont versées au -Trésor, ainsi que le revenu des actions dont l’État est détenteur en -raison de Concessions accordées. Ce n’est même qu’en tirant tout le -parti utile de ses domaines et en engageant la plus grande partie de -leurs revenus qu’il a pu contracter des emprunts et provoquer à des -entreprises de chemins de fer par des garanties d’intérêt, réalisant -ainsi l’un des moyens les plus désirés par la Conférence de Bruxelles -pour faire pénétrer la civilisation au centre de l’Afrique. Aussi -n’a-t-il pas hésité à gager ses domaines dans ce but. - -L’Acte de Berlin ne s’y oppose pas, car il n’a édicté aucune -proscription des droits de propriété, comme on veut, après coup, le lui -faire dire, tendant ainsi, consciemment ou non, à la ruine de tout le -bassin conventionnel du Congo. - -Il n’échappera pas non plus aux Puissances que les conclusions de la -note Anglaise, en suggérant une référence à la Cour de La Haye, tendent -à faire considérer comme cas d’arbitrage des questions de souveraineté -et d’administration intérieure que la doctrine courante a toujours -exclues des décisions d’arbitres. Pour ce qui concerne le cas actuel, il -est à supposer que la suggestion d’une référence à la Cour de La Haye a -une portée générale, s’il est vrai que, de l’avis des Chambres de -Commerce Anglaises, “the principles and practice introduced into the -administration of the affairs of the French Congo, the Congo Free State, -and other areas in the conventional basin of the Congo being in direct -opposition to the Articles of the Act of Berlin 1885.” Le Gouvernement -de l’État n’a cessé, pour sa part, de préconiser l’arbitrage pour les -dissentiments d’ordre international qui en comportaient l’application: -ainsi, il voudrait voir déférées à l’arbitrage les divergences de vues -qui se sont produites au sujet du bail des territoires du -Bahr-el-Ghazal. - -Après un examen attentif de la note Anglaise, le Gouvernement de l’État -du Congo reste convaincu qu’en raison du vague et du manque complet de -preuves, ce dont elle fait implicitement l’aveu, il n’est pas une -juridiction au monde, en en supposant une qui ait compétence pour être -saisie, qui puisse, bien loin de prononcer une sorte de condamnation, -prendre une autre décision que celle de ne pas donner suite à de simples -suppositions. - -Si l’État du Congo se voit attaqué, l’Angleterre peut se dire que, plus -que nulle autre nation, elle s’est trouvée, elle aussi, en butte aux -attaques et aux accusations de toute espèce, et longue serait la liste -des campagnes poursuivies en divers temps et jusque dans récentes -occasions contre son administration coloniale. Elle n’a certes pas -échappé aux critiques que lui ont valu ses guerres multiples et -sanglantes contre les populations indigènes ni aux reproches de -violenter les natifs et de porter atteinte à leur liberté. Ne lui a-t-on -pas fait grief de ces longues insurrections à Sierra-Leone--de cet état -d’hostilité dans la Nigérie, où tout dernièrement, d’après les journaux -Anglais, la répression militaire a, en une seule circonstance, coûté la -vie à 700 indigènes, à la plupart de leurs Chefs et au Sultan--de cette -lutte qui se poursuit au Somaliland au prix du sacrifice de nombreuses -vies humaines, sans que cependant il ne soit exprimé à la Chambre des -Communes d’autre regret que celui du chiffre élevé des dépenses? - -Alors que ces attaques adressées à l’Angleterre l’ont laissée -indifférente, il y a lieu d’être surpris de la voir aujourd’hui attacher -une toute autre importance à celles dirigées contre l’État du Congo. - -On peut croire, cependant, que les préférences des indigènes de l’État -du Congo demeurent acquises au Gouvernement d’une petite nation -pacifique, dont les visées restent pacifiques comme a été pacifique sa -création basée sur les Traités conclus avec les indigènes. - -(Signé) CHR. DE CUVELIER. - -_Bruxelles, le 17 Septembre, 1903._ - -(Translation.) - -The Government of the Independent State of the Congo have examined the -despatch from the Foreign Office, dated the 8th August last, which was -communicated to the Signatory Powers of the Berlin Act, and declare -themselves in agreement with His Majesty’s Government on two fundamental -points, viz., that natives ought to be treated with humanity and -gradually led into the paths of civilization, and that freedom of -commerce in the Conventional Basin of the Congo ought to be entire and -complete. - -They deny, however, that the manner in which the State is administered -involves a systematic régime “of cruelty or oppression,” and that the -principle of commercial freedom would introduce modifications in the -rights of property as universally understood, seeing that there is not a -word to this effect in the Berlin Act. The Congo State observes that -there is in that Act no provision which would sanction restrictions of -any kind on the exercise of the rights of property, or give to one -Signatory Power the right of intervention in the interior administration -of another. It desires faithfully to observe the Berlin Act, that great -International Act which binds all Signatory or adhering Powers, -according to the clear grammatical sense of the text, which none has -power either to take from or add to. - -The English note observes that it is within the last few years that a -definite shape has been assumed by the campaign conducted in England -against the Congo State, on the twofold pretext of the ill-treatment of -natives and the existence of commercial monopolies. - -It is indeed worthy of remark that this campaign dates from the time -when the prosperity of the State became assured. The State had been -founded for years, and administered in the same way as it is now, its -principles in regard to the State-ownership of vacant lands, and the -manner in which its armed forces were organized and recruited, were -known to the public, without any interest in the matter being shown by -the philanthropists and traders to whose opinion the note begins by -referring. This was the period during which the State Budget could only -be balanced by means of the King-Sovereign’s subsidies and Belgian -loans, and when the commerce of the Congo did not attract attention. The -term “Congo atrocities” was at that time only used in connexion with -“the alleged ill-treatment of African natives by English and other -adventurers in the Congo Free State.”[3] After 1895 the trade of the -Congo State developed remarkably, and the amount of its exports shows a -progressive increase from 10 millions in 1895 to 50 millions in 1902. It -is also about this time that the anti-Congo movement took shape. As the -State gave increased proof of vitality and progress, the campaign became -more active, reliance being placed on a few individual and isolated -cases with a view to using the interests of humanity as a pretext and -concealing the real object of a covetousness which, in its impatience, -has betrayed itself in the writings of pamphleteers and in the speeches -of Members of the House of Commons, in which the abolition and partition -of the Congo State has been clearly put forward. - -Such being the object in view, it became necessary to bring a whole -series of charges against the State. So far as the humanitarian side of -the question is concerned, the alleged cases of violence offered to -natives have once more been brought forward and re-edited _ad -infinitum_. For in all the meetings, writings, and speeches which have -latterly been directed against the State, it is always the same facts -which are brought up, and the same evidence which is produced. With -regard to the economic side of the question, the State has been accused -of having violated the Act of Berlin, notwithstanding the legal opinions -of such lawyers as are most qualified to speak to the point, which -afford ample legal justification both for its commercial and for its -land system. With regard to the political side, a heresy in -international law has been imagined, viz., that a State, the -independence and sovereignty of which are absolute, should, at the same -time, owe its position to the intervention of foreign Powers. - -With regard to the cases of ill-treatment of natives, we attach special -importance to those which, according to the note, have been reported in -the despatches of His Majesty’s Consular Agents. At the sitting of the -House of Commons on the 11th March, 1903, Lord Cranborne referred to -these official documents, and we have requested through his Excellency -Sir C. Phipps that the British Government will make known to us the -facts alluded to. We repeat the request. - -The Government of the State have, however, never denied that crimes and -offences are committed in the Congo, as in every other country or -Colony. The note itself recognizes that these offences have been brought -before the Tribunals, and that the criminals have been punished. The -conclusion to be drawn from this is that the State fulfils its mission; -the conclusion actually drawn is that “many individual instances of -cruelty have taken place in the Congo State,” and that “the number of -convictions falls considerably short of the number of offences actually -committed.” This deduction does not appear necessarily to follow. It -would seem more logical to say that the severe sentences inflicted will -serve as a wholesome example, and that a decrease of crime may on that -account be looked for. If some offences have indeed, in the extensive -territories of the State, escaped the vigilance of the judicial -authorities, this is a circumstance which is not peculiar to the Congo -State. - -The English note proceeds chiefly on hypotheses and suppositions: “It -was alleged.... It is reported.... It is also reported....” and it even -says that “His Majesty’s Government do not know precisely to what extent -these accusations may be true.” This is an acknowledgment that, in the -eyes of the British Government themselves, the accusations in question -are neither established nor proved. And, indeed, the violence, the -passion, and the improbability of many of these accusations must raise -doubt in an impartial mind as to their genuineness. To give but one -example:--a great deal has been made of the statement that, in a train -coming down from Leopoldville to Matadi, three carriages were full of -slaves, a dozen of whom were in chains and guarded by soldiers. The -Governor-General was asked for a report on the case. He replied: “The -individuals represented as composing a convoy of slaves were, the great -majority of them (125), levies proceeding from the district of -Lualaba-Kasai, Lake Leopold II, and the Bangalas to the camp in the -Lower Congo. Annexed you will find lists of these persons. As regards -the men in chains, they were certain individuals on whom sentence had -been passed by the territorial Tribunal at Basoko, and who were on their -way to undergo their sentence at the central prison at Boma. They are -Nos. 3642 to 3649 on the prison register at Boma.” - -In the same way, quite a recent “interview,” in which the usual -accusations of cruelty were reproduced, is due to a person formerly in -the employ of the State, who was “declared unfit for service,” and who -has failed to persuade the State to accept his proposal to write for the -press articles favourable to the Administration. - -The note ignores the replies, contradictions, and corrections which the -attacks on the Agents of the State have occasioned at the various times -when they have taken place. It ignores the official declarations -publicly made by the Government of the State in June last, after the -debate in the House of Commons on the 20th May, the report of which is -annexed to the note. We also annex the text of these declarations which -dealt, by anticipation, with the considerations set forth in the -despatch of the 8th August. - -The only fresh cause of complaint which the note brings -forward--doubtless with the object of explaining the not unimportant -fact that the English Consul, who has resided in the Congo since 1901, -does not appear to support, by his personal authority, the accusations -of private individuals--is that this Agent has been “principally -occupied in the investigation of complaints preferred by British -subjects.” The impression which one would derive from this is that such -complaints have been exceptionally numerous. No doubt the Consul has, on -different occasions, communicated with the Administration at Boma in the -interests of his countrymen, but the subjects of his representations, if -one may judge by such of their number as the English Legation has had to -bring to the notice of the Central Government at Brussels, do not -appear, either in number or importance, to have been more than matters -of every day administrative routine: some cases in particular concerned -the regulation of the succession to property in the Congo left by -deceased English subjects; the object in others was to repair errors of -judicial procedure, such as occur elsewhere, and it is not even alleged -that the proper action has not been taken upon these representations. -The same Consul, who was appointed in 1898, wrote to the -Governor-General on the 2nd July, 1901, as follows:-- - -“I pray believe me when I express now, not only for myself, but for my -fellow-countrymen in this part of Africa, our very sincere appreciation -of your efforts on behalf of the general community--efforts to promote -goodwill among all and to bring together the various elements of our -local life.” - -Nor do the predecessors of Mr. R. Casement--for English Consuls with -jurisdiction in the Congo were appointed by His Majesty’s Government as -long ago as 1888--appear to have been absorbed in the examination of -innumerable complaints; at all events, that is not the view taken in the -Report (the only one published) by Consul Pickersgill, who, by the mere -fact of giving an account of his journey into the interior of the Congo -as far as Stanley Falls, disproves the alleged impossibility for the -English Consular Agents to form an opinion _de visu_ in regard to every -part of their district. - -With regard to the charges against the administrative system of the -State, the note deals with taxes, public armed forces, and what is -termed forced labour. - -It is, at bottom, the contributions made by the Congo natives to the -public charges which are criticized, as if there existed a single -country or Colony in which the inhabitants do not, under one form or -another, bear a part in such charges. A State without resources is -inconceivable. On what legitimate grounds could the exemption of natives -from all taxes be based, seeing that they are the first to benefit by -the material and moral advantages introduced into Africa? As they have -no money, a contribution in the shape of labour is required from them. -It has been said that, if Africa is ever to be redeemed from barbarism, -it must be by getting the negro to understand the meaning of work by the -obligation of paying taxes:-- - -“It is a question (of native labour) which has engaged my most careful -attention in connection with West Africa and other Colonies. To listen -to the right honourable gentleman, you would almost think that it would -be a good thing for the native to be idle. I think it is a good thing -for him to be industrious; and by every means in our power we must teach -him to work.... No people ever have lived in the world’s history who -would not work. In the interests of the natives all over Africa, we have -to teach them to work.” - -Such was the language used by Mr. Chamberlain in the House of Commons on -the 6th August, 1901; and still more recently he expressed himself as -follows:-- - -“We are all of us taxed, and taxed heavily. Is that a system of forced -labour?... To say that because we put a tax on the native therefore he -is reduced to a condition of servitude and of forced labour is, to my -mind, absolutely ridiculous.... It is perfectly fair to my mind that the -native should contribute something towards the cost of administering the -country.” (House of Commons, the 9th March, 1903.) - -“If that really is the last word of civilization, if we are to proceed -on the assumption that the nearer the native or any human being comes to -a pig the more desirable is his condition, of course I have nothing to -say.... I must continue to believe that, at all events, the progress of -the native in civilization will not be secured until he has been -convinced of the necessity and the dignity of labour. Therefore, I think -that anything we reasonably can do to induce the native to labour is a -desirable thing.” - -And he defended the principle of taxing the native on the ground that -“the existence of the tax is an inducement to him to work.” (House of -Commons, the 24th March, 1903.) - -Moreover, it is to be observed that in nearly every part of Africa the -natives are taxed. In the Transvaal every native pays a “head tax” of -2_l._; in the Orange River Colony he is subject to a “poll tax;” in -Southern Rhodesia, Bechuanaland, Basutoland, Uganda, and Natal a “hut -tax” is levied; in Cape Colony we find a “hut tax” and a “labour tax;” -in German East Africa also a tax is levied on huts, payable either in -money, in kind, or in labour. This species of tax has also been applied -in the Sierra Leone Protectorate, where payment could be made “in kind -by rice or palm nuts,” and it has been suggested that work on roads and -useful works should be accepted in lieu of payment in money or produce. - -The legality of a tax is, therefore, not affected by the mode of its -payment, whether in money or in kind, so long as the amount is not -excessive. It is certainly not so in the Congo, where the work done by -the native does not represent more than forty hours’ work a-month. Such -work, moreover, is paid for, and the tax in kind thus gives the native -as it were some return for his labour. - -Payment of taxes is obligatory everywhere; and non-payment involves -measures of compulsion. The regulations under which the hut-tax is -levied impose on the native, for non-payment, such penalties as -imprisonment and forced labour. Nor in the Congo is payment of taxes -optional. Repressive measures have occasionally been rendered necessary -elsewhere by the refusal of natives to conform to the law, _e.g._, the -disturbances at Sierra Leone, in connexion with which an English -publicist, speaking of the police force, states:-- - -“Between July 1894 and February 1896 no fewer than sixty-two -convictions, admittedly representing a small proportion of offences -actually committed, were recorded against them for flogging, plundering, -and generally maltreating the natives.” - -Further instances might be recalled of the opposition encountered among -native populations to the institution of governmental regulations. -Civilization necessarily comes into collision with their savage -instincts and barbarous customs and habits; and it can be understood -that they submit but impatiently to, and even try to escape from, a -state of society which seems to them to be restrictive of their licence -and excesses. It frequently happens in Africa that an exodus of natives -takes place from one territory to another, in the hope of finding beyond -the frontier a Government less well established or less strong, and of -thus freeing themselves from all obligations and restraints. Natives of -the State may quite well, under the influence of considerations of this -kind, have crossed into neighbouring territories, although no kind of -emigration on a large scale, such as is referred to in the English note, -has ever been reported by the Commandants of the frontier provinces. On -the contrary, it is a fact that natives in the Upper Nile region who had -settled in British territory have returned to the left bank in -consequence of the imposition of new taxes by the English authorities. -Besides, if it is these territories which are alluded to, the -information contained in the note would seem to be in contradiction with -other particulars furnished, for instance, by Sir Harry Johnston. - -“This much I can speak of with certainty and emphasis, that from the -British frontier near Fort George to the limit of my journeys into the -Mbuba country of the Congo Free State, up and down the Semliki, the -natives appear to be prosperous and happy.... The extent to which they -were building their villages and cultivating their plantations within -the precincts of Fort Mbeni showed that they had no fear of the -Belgians.” - -Major H. H. Gibbons, who was for several months on the Upper Nile, -writes:-- - -“Having had occasion to know many officers, and to visit their stations -in the Congo State, I am convinced that their behaviour has been much -misunderstood by the press. I have quoted as a proof my experience, -which is at variance with an article recently published in the English -press, in which they are accused of great cruelties.” - -The declaration of last June, of which a copy is inclosed, has disposed -of the criticisms directed against the public forces of the State, by -pointing out that recruitment for them is regulated by law, and that it -is only one man in every 10,000 who is affected. To say that “the method -of obtaining men for military service is often but little different from -that formerly employed to obtain slaves” is to misunderstand the -carefully drawn regulations which have, on the contrary, been issued to -check abuses. Levies take place in each district; the district -Commissioners settle the mode of conscription in agreement with the -native Chiefs. Voluntary enlistment, and numerous re-enlistments, easily -fill up the ranks, which only reach, all told, the moderate total of -15,000 men. - -Those who allege, as the note says, that “the men composing the armed -force of the State were in many cases recruited from the most warlike -and savage tribes” must be unaware that the public forces are recruited -from every province, and from the whole population. It is inconceivable -that the authorities of a State, with due regard to its interests, -should form an army out of undisciplined and savage elements, and -instances are to be found--such as the excesses said to have been -perpetrated by irregular levies in Uganda, and the revolts which -formerly occurred in the Congo--which, on the contrary, render it -necessary that special care should be exercised in raising armed forces. -The European establishment, consisting of Belgian, Italian, Swedish, -Norwegian, and Danish officers, maintains strict discipline, and it -would be vain to seek the actual facts alluded to in the assertion that -the soldiers “not infrequently terrorized over their own officers.” Such -an assertion is as unfounded as the one “that compulsion is often -exercised by irresponsible native soldiers, uncontrolled by an European -officer.” For a long time past the authorities have been alive to the -danger arising from the existence of stations of negro soldiers, who -inevitably abuse their authority, as recognized in the Report of Sir D. -Chalmers on the insurrection in Sierra Leone. In the Congo such stations -have been gradually abolished. - -Those who do not refuse to accept patent facts will recognize that of -the reproaches levied at the State, the most unjust is the statement -“that no attempt at any administration of the natives is made, and that -the officers of the Government do not apparently concern themselves with -such work.” - -It is astonishing to come across such an assertion in a despatch from a -Government, one of whose members, Lord Cranborne, Under-Secretary of -State for Foreign Affairs, stated on the 20th May last:-- - -“There was no doubt that the administration of the Congo Government had -been marked by a very high degree of a certain kind of administrative -development. There were railways, there were steamers upon the river, -hospitals had been established, and all the machinery of elaborate -judicial and police systems had been set up.” - -Another member of the House of Commons acknowledged-- - -“That the Congo State had done good work in excluding alcoholic liquor -from the greater part of their domain; that they had established a -certain number of hospitals, had diminished small-pox by means of -vaccination, and had suppressed the Arab Slave Trade.” - -However limited these admissions, still they contradict the assertion -now made that “the natives are left entirely to themselves, so far as -any assistance in their government or in their affairs is concerned.” - -Such does not seem to have been the conclusion at which Mr. Pickersgill, -the English Consul, had arrived as long ago as 1898. - -“Has the welfare of the African,” he asks, “been duly cared for in the -Congo State?” He answers: “The State has restricted the liquor trade ... -it is scarcely possible to over-estimate the service which is being -rendered by the Congo Government to its subjects in this matter.... -Intertribal wars have been suppressed over a wide area, and, the -imposition of European authority being steadily pursued, the boundaries -of peace are constantly extending.... The State must be congratulated -upon the security it has created for all who live within the shelter of -its flag and abide by its laws and regulations.... Credit is also due to -the Congo Government in respect of the diminution of cannibalism.... The -yoke of the notorious Arab slave-traders has been broken, and traffic in -human beings amongst the natives themselves has been diminished to a -considerable degree.” - -This Report also showed that the labour of the native was remunerated, -and gave due credit to the State for its efforts to instruct the young -natives, and to open schools. - -Since 1898 the general condition of the native has been still further -improved. The system of carriers (“le portage à dos d’homme”), the -hardships of which, so far as the native was concerned, were specially -pointed out by Mr. Pickersgill, has disappeared from those parts of the -country where it was most practised, in consequence of the opening of -railways. Elsewhere motor cars are used as means of transport. The -“sentry,” the station of negro soldiers which the Consul criticized, not -without reason, no longer exists. Cattle have been introduced into every -district. Sanitary Commissions have been instituted. Schools and -workshops have multiplied. - -“The native,” says the inclosed document,[4] “is better housed, better -clad, and better fed; he is replacing his huts by better built and -healthier dwelling-places; thanks to existing transport facilities, he -is able to obtain the produce necessary to satisfy his new wants; -workshops have been opened for him, where he learns handicrafts, such as -those of the blacksmith, carpenter, mechanic, and mason; he extends his -plantations and, taking example by the white man, learns rational modes -of agriculture; he is always able to obtain medical assistance; he sends -his children to the State school-colonies and to the missionary -schools.” - -As stated in the House of Commons, it is only right to recognize that -the material and moral regeneration of Central Africa cannot be the work -of a day. The results so far obtained have been considerable, and these -we shall try to consolidate and develop, in spite of the way in which an -effort is being made to hamper the action of the State, which in the -real interests of civilization should rather be promoted. - -The English note does not show that the economic system of the State is -in opposition to the Berlin Act. It does not meet the points of law and -fact by means of which the State has demonstrated the conformity of its -system of land tenure and concessions with the provisions of that Act. -It does not explain either how or why freedom of trade--a term used at -the Conference of Berlin in its usual, grammatical, and economic -sense--is incomplete in the Congo State because there are landowners -there. - -The note confuses the utilization of his property by the owner with -trade. The native who collects on behalf of the owner does not become -the owner of what is so collected, and naturally cannot dispose of it to -a third party, any more than a miner can rob the proprietor of the -produce of the mine and dispose of it himself. These rules are in -accordance with the principles of justice and are explained in numerous -documents, such as legal opinions and judicial decisions, some of which -are annexed. His Majesty’s Government do not deny that the State is -justified in allotting domain lands to _bonâ fide_ occupants, or that -the native has no longer any right to the produce of the soil as soon as -the “land is reduced into individual occupation.” The distinction is -without legal foundation. If the State can part with land, it is because -the native is not the owner; by what title could he then retain a right -to the produce of property which has been lawfully acquired by others? -Could it be contended, for instance, that the Lower Congo Railway -Company, or the South Cameroons Company, or the Italian Colonial Trading -Company are, on the ground that they are not at present in occupation, -bound to allow the native to plunder the territories allotted to them? -As a matter of fact, moreover, in the Congo State the appropriation of -lands worked on Government account or by the Concessionary Companies is -an accomplished fact. The State and the Companies have devoted large -sums, amounting to many millions of francs, to the development of the -lands in question, and more especially to that of the forests. There -can, therefore, be no doubt that throughout the territories of the Congo -the State really and completely works its property, just as the -Companies really and completely work their Concessions. - -The state of affairs then which actually exists, and is established in -the Independent State, is such that there is really no need, as far as -the State itself is concerned, to dwell longer on the theory set forth -in the note which deals in turn with the rights of the State, with those -of _bonâ fide_ occupiers, and those of the natives. - -Still this theory calls for the attention of the Powers in view of the -serious difficulties which would arise were it to be implicitly -accepted. - -The note lays down the three following propositions:-- - -“The State has the right to partition the State lands among _bonâ fide_ -occupants.” - -“The natives will, as the land is so divided out amongst _bonâ fide_ -occupiers, lose their right of roaming over it and collecting the -natural fruits which it produces.” - -“Until unoccupied land is reduced into individual occupation, and so -long as the produce can only be collected by the native, the native -should be free to dispose of that produce as he pleases.” - -There is no single one of these propositions but apparently excludes the -other two, and, as a matter of fact, such contradictions amount to a -denial of the right to grant Concessions. - -If _bonâ fide_ occupiers ever existed they have become proprietors; -occupation, where it can be exercised, is under all legislative codes, -one of the methods by which property can be acquired, and in the Congo -State titles of ownership deriving from it have been legally registered. -If the land has never been legally occupied, it is without an owner, or, -rather the State is the owner: the State can allot it to a third party, -for whom such allotment is a complete and absolute title. In either case -it is hard to see how the fruits of the soil can be reserved for any but -the owner on the pretext that the latter is not able to collect the -produce of his property. - -By a curious contradiction it is observed in the note that, as a -consequence of the allotment of lands by the State, the natives “lose -their right of collecting the natural fruits,” and, on the other hand, -that they retain the right of disposing of these fruits “until -unoccupied land is reduced into individual occupation.” It is difficult -to understand what is meant by a right which belongs to the natives or -not according to the action of a third party. Either they lost their -rights on the lands being allotted, and in that case they have lost them -entirely and completely, or else they have retained them, and are -entitled to retain them, although “the land is reduced into individual -occupation.” - -Again, what are we to understand by the expressions “_bonâ fide_” -occupiers and “individual occupation?” Who is to determine whether the -occupier has brought his lands into a state of individual occupation, -whether he is able to collect their produce, or whether it is still for -the native to do so? In any case, such a question is essentially one to -be settled by municipal law. - -The note is, moreover, incomplete in another respect. It states that -where the land has not yet been worked by those who have a right to it, -the option of working should belong to the native. Rights would thus be -given to the natives to the prejudice of the Government or of white -concessionnaires, but the note does not explain how nor by whom the -wrong thus caused would be repaired or made good. Though the system thus -advocated cannot be applied in the Congo State, as there are no longer -any unappropriated lands there, attention should be called to the -statement in the interest of white men established in the conventional -basin. If it is right to treat the negro well, it is none the less just -not to despoil the white man, who, in the interest of all, must remain -the dominant race. - -From an economic point of view, it would be very regrettable if, in -spite of the rights regularly acquired by white men, the domain lands -were, even temporarily, handed over to the natives. Such a course would -involve a return to their former condition of abandonment, when the -natives left them unproductive, for the collection of rubber, the -plantation of coffee, cocoa, tobacco, &c., date from the day when the -State itself took the initiative: the export trade was insignificant -before the impetus it received from Government enterprise. Such a course -would furthermore certainly involve the neglect of rational methods of -work, of planting and of replanting--measures which the State and the -Concessionary Companies have assumed as an obligation with a view to -securing the preservation of the natural riches of the country. - -Never in the Congo, so far as we know, have requests to buy natural -produce been addressed to the rightful owners. Up to now the only -attempts made have been to buy the produce which has been stolen, and -the State, as was its duty, has had those guilty of these unlawful -attempts prosecuted. - -It is not true, as has been asserted, that the policy of the State has -killed trade; it has, on the contrary, created the materials which trade -deals in and keeps up the supply; it is thanks to the State that, on the -Antwerp market--and soon even in the Congo where the possibility of -establishing trade depôts is being considered--5,000 tons of rubber -collected in the Congo can be annually put on sale to all and sundry -without privilege or monopoly, while formerly, in 1887, for instance, -the rubber export amounted to hardly 30 tons. It is the State which, -after having created, at its own expense, the material of trade, -carefully preserves the source of it by means of planting and -replanting. - -It must not be forgotten either that the Congo State has been obliged to -rely on its own resources. It was forced to utilize its domain in the -public interest. All the receipts of the domain go into the Treasury, as -also the dividends of the shares which the State holds in exchange for -Concessions granted. It has only been by fully utilizing its domain -lands, and pledging the greater part of their revenues, that it has been -able to raise loans, and encourage the construction of railways by -guarantees of interest, thus realizing one of the means most advocated -by the Brussels Conference for promoting civilization in Central -Africa. Nor has it hesitated to mortgage its domain lands with this -object. - -The Berlin Act is not opposed to such a course, for it never proscribed -the rights of property as there is now an _ex post facto_ attempt to -make out, an attempt tending, consciously or not, to the ruin of the -whole conventional basin of the Congo. - -It will not escape the notice of the Powers that the English note, by -suggesting a reference to the Court at The Hague, tends to bring into -consideration as cases for arbitration questions of sovereignty and -internal administration as questions for arbitration which, according to -prevailing doctrines, are excluded from arbitral decisions. As far as -the present case is concerned, it must be assumed that the suggestion of -referring the matter to the Court at The Hague has a general meaning, if -it is true that, in the opinion of the English Chambers of Commerce, -“the principles and practice introduced into the administration of the -affairs of the French Congo, the Congo Free State, and other areas in -the conventional basin of the Congo being [_sic_] in direct opposition -to the Articles of the Act of Berlin, 1885.” The Government of the Congo -State have never ceased advocating arbitration as a mode of settling -questions which are of an international nature, and can thus be suitably -treated, as, for instance, the divergencies of opinion which have arisen -in connexion with the lease of the territories of the Bahr-el-Ghazal. - -The Government of the Congo State, after careful examination of the -English note, remain convinced that, in view of its vagueness, and the -complete lack of evidence, which is implicitly admitted, there is no -tribunal in the world, supposing there were one possessing competent -jurisdiction, which could, far from pronouncing a condemnation, take any -decision other than to refuse action on mere supposition. - -If the Congo State is attacked, England may admit that she, more than -any other nation, has been the object of attacks and accusations of -every kind, and the list would be long of the campaigns which have at -various times, and even quite recently, been directed against her -colonial administration. She has certainly not escaped criticism in -regard to her numerous and bloody wars against native populations, nor -the reproach of oppressing natives and invading their liberty. Has she -not been blamed in regard to the long insurrections in Sierra Leone; to -the disturbed state of Nigeria, where quite recently, according to the -English newspapers, military measures of repression cost, on one single -occasion, the lives of 700 natives, of most of their Chiefs, and of the -Sultan; and to the conflict in Somaliland, which is being carried on at -the cost of many lives, without, however, exciting expressions of regret -in the House of Commons, except on the score of the heavy expense? - -Seeing that these attacks have left England indifferent, it is somewhat -surprising to find her now attaching such importance to those made on -the Congo State. - -There is, however, reason to think that the natives of the Congo State -prefer the Government of a small and pacific nation, whose aims remain -as peaceful as its creation which was founded on Treaties concluded with -the natives. - -(Signed) CHR. DE CUVELIER. - -_Brussels, September 17, 1903._ - - -Annexes.[5] - - I. “Bulletin Officiel de l’État Indépendant du Congo,” Juin 1903. - - II. Judgments delivered by the Tribunals of French Congo. - - III. Opinions of Messrs. Van Maldeghem and de Paepe, Van Berchem, - Barboux, and Nys. - - -_Translations of Extracts from Annex I._ - -Page 142. - -In conformity with Articles II and XIII of the Berlin Act, it (the Congo -State) has assured to all flags, without distinction of nationality, -free access to all its interior waters and full and entire freedom of -navigation. The railway, which has been constructed to obviate the -innavigability of the lower river, is open to the traffic of all nations -in conformity with Article XVI. - -In conformity with Article III, there is no differential treatment -either of ships or goods, and no tax is levied on foreigners which is -not equally borne by nationals. - -In conformity with Article IV, no transit due has been imposed. - -In conformity with Article VI, freedom of conscience and the free -exercise of worship are guaranteed to natives, to foreigners, and to the -missions of all creeds. - -In conformity with Article VII, the State has adhered to the Convention -of the Universal Postal Union. - -Availing itself of the power conferred by Article X, the Congo State has -declared itself perpetually neutral, and in no circumstance has failed -in the duties imposed by neutrality. - -In conformity with Article XII, it has endeavoured, in case of any -international difference, to have recourse to mediation and arbitration, -and has never declined to accept such procedure. - -In conformity with the Declaration of the 2nd July, 1890, the import and -export duties levied do not exceed the limits fixed by the Agreements of -the 8th April, 1892, and the 10th March, 1902, between the State, France -and Portugal. - -Article I of the Act of Berlin lays down that “the trade of all nations -shall enjoy complete freedom in the Conventional basin of the Congo,” -and, by Article V, “no monopoly or favour of any kind in matters of -trade” shall be granted there. These provisions, like the rest, have -been respected by the Congo State in the letter and in the spirit. - - -Page 144. - -Freedom of trade is complete in the Congo, and is restricted neither by -monopoly nor privilege. Every one is free to sell or buy every sort of -produce in which it is lawful to trade. The law protects this freedom by -forbidding any interference with the freedom of business transactions; -it punishes “any one who has employed violence or threats with a view to -compel the natives, whether on the roads in the interior, or in the -markets, to part with their goods to particular persons or at particular -prices;”[6] it punishes “those who, by violence, abuse, or threats, -shall have interfered with the freedom of trade, with a view either to -stop trade caravans on the public roads or to obstruct the freedom of -traffic whether by land or water.”[7] - -It is asserted that the principle of the freedom of trade is infringed -by the appropriation by the State of vacant and ownerless lands within -its boundaries. When by the Decree of the 1st July, 1885, the State -declared that “no one has the right to occupy vacant lands without a -title; vacant lands are to be considered as belonging to the State,”[8] -it did so in reliance on a legal principle which is universally -admitted, its action in this matter was not, as has been said, the first -step in a deliberate policy of exclusiveness. That principle was -inscribed in the Codes of all civilized countries; it has been -sanctioned by all Colonial legislative systems. - - -Page 152. - -If it were true that, by declaring all ownerless lands to be Government -property, the Congo State had expropriated the natives, all these -various legislative systems could be attacked on the same ground. It is -generally admitted that the native has no real title to the ownership of -the vast stretches of country which from time immemorial he has allowed -to lie fallow, or to the forests which he has never turned to profit. -But the law of the Congo State is careful to maintain the natives in the -enjoyment of the lands they occupy and, as a matter of fact, not only -are they not disturbed in this enjoyment, but they are actually -extending the lands they cultivate and their plantations as their needs -grow. The State has been at much pains to prevent the natives from being -robbed. - -“No one has the right to dispossess natives of the lands which they -occupy (Ordinance of the 1st July, 1885, Article 2). - -“The lands occupied by the native population under the authority of -their Chiefs, shall continue to be governed by the local customs and -usages (Decree of the 14th September, 1886, Article 2). - -“All Acts or Agreements which would tend to drive the natives from the -territories they occupy, or to deprive them directly or indirectly of -their liberty or means of livelihood, are prohibited (Decree of the 14th -September, 1886, Article 2). - -“In cases where the lands which form the subject of application are -occupied in part by natives, the Governor-General, or his Delegate, -shall intervene in order, if possible, to effect an arrangement with -them, securing to the applicant the lands so occupied, either by cession -or by lease, but the State is not to be put to any expense in the matter -(Decree of the 9th April, 1893, Article 5). - -“When native villages are inclosed in lands which have either been -disposed of or leased, the natives may, so long as the land has not been -officially measured, take into cultivation, without the consent of -either the owner or the lessor, the vacant lands surrounding their -villages (Decree of the 9th April, 1893, Article 6). - -“The members of the Land Commission shall examine with special care the -question whether the lands applied for ought not to be reserved either -for the public use or with a view to allow of the extension of -cultivation by the natives (Decree of the 2nd February, 1898, Article -2).” - - -Page 156. - -If it is inexact to say that the natives have been robbed of immemorial -rights, it is equally so to assert that the policy of the State has -aimed at the exclusion of private trading in order to assure greater -advantages for its own commercial enterprises. - -Such a statement can only be the result of a misapprehension of the -various phases through which the Congo trade has passed since 1885. At -that time private enterprise was centred in the Lower Congo only. The -Government, far from wishing to close the Upper Congo, declared its -access free to all. The Decree of the 30th April, 1887, led, on the -contrary, to various commercial firms establishing themselves above -Stanley Pool, owing to the facilities it afforded for settling on the -domain lands. - -Article 6 of that Decree provided:-- - -“Non-natives who desire to found commercial or agricultural -establishments in the districts above Stanley Pool, or in others to be -eventually designated by the Governor-General of the Congo, shall be at -liberty to take possession with this view of an area, the maximum size -of which shall be fixed by the Governor-General; provided that they -fulfil such conditions as he shall lay down, they shall enjoy a -preferential right to the eventual acquisition of property in such lands -at a price which shall be fixed by him beforehand.” - -And Article 7 added:-- - -“The non-natives who, in the same regions, shall desire to occupy lands, -of which the area shall exceed the maximum referred to in the preceding -Article, may occupy them provisionally on such conditions as the -Governor-General shall determine. He shall further decide whether the -preferential right alluded to in the preceding Article shall be given to -them in regard to this larger extent of land.”[9] - -“With a view to assist commercial enterprise in the regions of the -interior, the Government even exempted from export duty--the only -customs duties which they could at that time levy--all native produce -coming from the territories above Stanley Pool. - -“From the 1st January, 1888,” so ran Article 1 of the Ordinance of the -19th October, 1887, “and till further orders, native produce coming from -the State territories on the left bank of Stanley Pool and above that -lake shall be exempted from export duty.”[10] - -Later, by the Decree of the 17th October, 1889,[11] the Government -announced that applications might be presented for concessions to work -rubber and other vegetable produce in the State forests of the Upper -Congo where such produce was not already worked by the native -population. - -By the Decree of the 9th July, 1890, the collection of ivory within the -State domains was entirely given up to private persons throughout such -parts of the Congo as were at that time visited by the steamers. - -These Regulations were applicable to all foreign enterprise, without -distinction of nationality; they show that there was no such policy of -ostracism in regard to private enterprise such as is now attributed to -the State. - -It has not been the fault of the Government that nationals of all -countries have not profited by this liberal system. They continued, -however, to confine themselves, with few exceptions, to the Lower Congo. -The Companies which decided to extend their operations in the central -districts of the Congo found every facility for the establishment of -agencies, and acquired the favourable position which they now enjoy. - -The State can hardly be blamed because, in face of the almost universal -inaction on the part of private individuals, it endeavoured to turn its -territories to account by working its domain lands, either on its own -account or through others. It was, however, the only way to secure the -funds necessary for the Budget, the charges in which steadily increased -with the extension of the public service, and to give the country the -benefit of an economic system by imposing upon the concessionary -Companies the obligation to undertake works of public utility. - -The Government, further, were careful not to abandon a policy of -moderation in the matter. When by the Decree of the 30th October, 1892, -they defined regions reserved for working by the domain (those, that is -to say, in which it had been ascertained, after inquiry, that the -natives had never engaged in the collection of rubber), they still left -vast zones at the disposal of the public, and allowed to private persons -the exclusive right to work the rubber on the Government properties -there. As a matter of fact, the zones in question comprised more than a -quarter of the vacant State lands, apart from the whole country below -Stanley Pool. Nevertheless, the Companies persisted for some years more -in not moving towards these regions; it has only been since 1897 that -there have been any signs of general activity. It was then that the -numerous factories which are still to be found there were started in the -Kassai, Ikelemba, and Lulonga districts, and on the banks of the Congo. -But it is to be noted that with one exception none but Belgian Companies -decided to put their capital into those enterprises, and to take the -consequent risks. Foreigners have held aloof, in spite of the fact that -they were at perfect liberty to establish themselves in these regions; -even the firms which had been long established in the Lower Congo, and -especially the English houses, did not consider the moment favourable -for establishing branches in the Upper Congo. The above remark is -generally applicable, in so far that, also in the territories for which -Concessions have been given, not one of the concessionary Companies has -found any foreign interests previously existing; indeed, certain -foreigners who were interested in one of the most important of them, the -Anglo-Belgian India-Rubber and Exploration Company, which was founded by -an English group, have parted with their interests. - -The commercial field open to private persons in the Congo never has been -and is not limited; trade is free, so far as it is legitimate, -throughout the country, and in certain regions the State, far from -organizing any excessive working of its domain lands, has even renounced -the exercise of its rights of property. To give one instance only the -Dutch Company, the value of whose exports was 730,000 fr. in 1887, -exported in 1901 goods to the value of more than 3,000,000 fr. - - -Page 162. - -The work of organization has since been going on over the whole country -by the more and more effective occupation of the territory; posts and -stations have been multiplied, and now number 215; the work of the -administrative, judicial, and sanitary authorities has expanded; -transport facilities have been introduced; two lines of railways have -been laid in the Lower Congo, and there are others either being -constructed or proposed in the Upper Congo; seventy-nine steamers and -boats have been put on the river and its affluents; 1,500 kilom. of -telegraph and telephone lines have been laid; carriage roads have been -built, on which the use of automobiles will put an end to the system of -carriers (“portage à dos d’homme”); vaccine institutes have been -established with a view to putting a stop, through the increased use of -lymph, to the ravages of small-pox; water-works have been built in -important centres, such as Boma and Matadi; hospitals for blacks and -whites have been founded at different posts, as also Red Cross stations -and a bacteriological institute; importation of spirituous liquors and -trade in them has been prohibited almost everywhere, while the -importation of alcoholic drinks made with absinthe, as also trade in -them, have been forbidden everywhere; the trade in improved fire-arms -and ammunition for them has been absolutely forbidden; cattle have been -introduced at all the stations, and model farms have been established; -Sanitary Commissions have been instituted whose duty it is to watch over -the requirements of the elements of public health. - -This general development is necessarily accompanied by an improvement of -the conditions in which the native lives, wherever he comes into contact -with the European element. Materially, he is better housed, better clad, -and better fed; he is replacing his huts by better built and healthier -dwelling-places; thanks to existing transport facilities, he is able to -obtain the produce necessary to satisfy his new wants; workshops have -been opened for him, where he learns handicrafts, such as those of the -blacksmith, carpenter, mechanic, and mason; he extends his plantations, -and, taking example by the white man, learns rational modes of -agriculture; he is always able to obtain medical assistance; he sends -his children to the State school-colonies and to the missionary schools. -Steps have been taken to safeguard the individual liberty of the blacks, -and especially to prevent labour contracts between blacks and -non-natives degenerating into disguised slavery. It is on this point -that the Decree of the 8th November, 1888, enters into the most minute -details concerning the length of the engagement, the form of the -contract, and the payment of wages. Recent legislation in French Congo, -which has very properly been praised by the English organs, has been -dictated by the like solicitude for the natives. - -The native is free to seek by work the remuneration which contributes to -the increase of his well-being. One of the objects, indeed, of the -general policy of the State is to aim at the regeneration of the race by -impressing them with the high idea of the necessity of work. It is -intelligible that Governments, conscious of their moral responsibility, -should not advocate the right of the inferior races to be idle, which -would entail the continuance of a social system opposed to civilization. -The Congo State aims at carrying out its educational mission by -requiring the native to contribute, by means of a tax in kind, for -which, however, payment is made to him, to the development of the State -forests; the amount of such payments was, in the Budget for 1903, nearly -3,000,000 fr. The legality of such a system of developing the State -property rests not only on the universal principle which attributes to -the State the possession of ownerless lands, but also on the cession -which the local Chiefs have made to the State, by peaceful methods and -Treaties, of such political and land rights as they may have possessed; -and on the fact that it is the State itself which has revealed to the -natives the existence of those natural riches of which they were -ignorant by showing them how to work; it is the State, too, which has -bound itself, equally with private persons, to plant and replant, and -thus to insure the preservation and perpetuity of those natural riches -which the carelessness of some and the lust of gain of others could not -have failed to destroy. - - -Page 165. - -The system which the State has followed, while forwarding the economical -development of the country, has at the same time caused a considerable -commercial movement, inasmuch as the exports now amount to a value of -50,000,000, and 5,000 tons of rubber from the Congo forests are sold -every year at Antwerp to the highest bidder. - -Whatever may have been said this prosperity has not been attained to the -detriment of the native. It has been asserted that the native -populations must of necessity be badly treated because they are -subjected on the one hand to military service, and on the other to the -payment of certain taxes. - -Military service is no more slavery in the Congo than anywhere else -where the system of conscription is in force. The manner in which the -public forces are recruited and organized has formed the subject of the -most minute legislative provisions, with a view to the avoidance of -abuses. As a matter of fact military service is not a heavy burden to -the population, from whom it only takes one man in 10,000. To show the -errors which have been believed in regard to the public forces it is -necessary once more to point out that they are composed entirely of -regular troops, and there are no “irregular levies” composed of -undisciplined and barbarous elements. Care has been taken gradually to -get rid of posts of black soldiers, and at the present moment every -military post is commanded by a white officer. The increase in the -number of officials has allowed of giving European officers to all -detachments of these forces. - -In regard to contributions in kind which are levied on the native by the -authorities, such taxes are as legitimate as any other. They do not -impose on the native burdens of a different or heavier kind than the -forms of impost enforced in the neighbouring Colonies, such as the hut -tax. The native thus bears his share of the public burden as a return -for the protection afforded him by the State, and this share is a light -one since on an average it means for the native no more than forty hours -of work a-month. - -It is unfortunately true that acts of violence have been committed -against the natives in the Congo, as everywhere else in Africa: the -Congo State has never sought either to deny or to conceal them. The -detractors of the State show themselves to be prejudiced when they quote -these acts as the necessary consequence of a bad system of -administration, or when they assert that they are tolerated by the -higher authorities. Whenever any European official has been guilty of -such acts he has been punished by the Courts, and a certain number of -Europeans are at this moment in the prisons of the State expiating their -offences against the penal laws which protect the life and person of the -native. If the enormous extent of the Congo State is taken into account, -such cases are the exception, as is obvious from the fact that recent -publications attacking the Congo State have been obliged, in support of -their indictment, to take up incidents nearly ten years old, and even to -have recourse, amongst others, to the testimony of a commercial agent -actually condemned for his excesses against the blacks. It is worthy of -remark that the Catholic missionaries have never called attention to -this general system of cruelty which is imputed to the State, and if -judicial statistics demonstrate the stern measures that have been taken -by the Criminal Courts, it does not follow that there is more crime in -the Congo than in other Central African Colonies. - - - - -No. 3. - -_Mr. Casement to the Marquess of Lansdowne._--(_Received December 12._) - -My Lord, - -_London, December 11, 1903._ - -I HAVE the honour to submit my Report on my recent journey on the Upper -Congo. - -I left Matadi on the 5th June, and arriving at Léopoldville on the 6th, -remained in the neighbourhood of Stanley Pool until the 2nd July, when I -set out for the Upper Congo. My return to Léopoldville was on the 15th -September, so that the period spent in the Upper River was one of only -two and a-half months, during which time I visited several points on the -Congo River itself, up to the junction of the Lulongo River, ascended -that river and its principal feeder, the Lopori, as far as Bongandanga, -and went round Lake Mantumba. - -Although my visit was of such brief duration, and the points touched at -nowhere lay far off the beaten tracks of communication, the region -visited was one of the most central in the Congo State, and the district -in which most of my time was spent, that of the Equator, is probably one -of the most productive. Moreover, I was enabled, by visiting this -district, to contrast its present day state with the condition in which -I had known it some sixteen years ago. Then (in 1887) I had visited most -of the places I now revisited, and I was thus able to institute a -comparison between a state of affairs I had myself seen when the natives -lived their own savage lives in anarchic and disorderly communities, -uncontrolled by Europeans, and that created by more than a decade of -very energetic European intervention. That very much of this -intervention has been called for no one who formerly knew the Upper -Congo could doubt, and there are to-day widespread proofs of the great -energy displayed by Belgian officials in introducing their methods of -rule over one of the most savage regions of Africa. - -Admirably built and admirably kept stations greet the traveller at many -points; a fleet of river steamers, numbering, I believe, forty-eight, -the property of the Congo Government, navigate the main river and its -principal affluents at fixed intervals. Regular means of communication -are thus afforded to some of the most inaccessible parts of Central -Africa. - -A railway, excellently constructed in view of the difficulties to be -encountered, now connects the ocean ports with Stanley Pool, over a -tract of difficult country, which formerly offered to the weary -traveller on foot many obstacles to be overcome and many days of great -bodily fatigue. To-day the railway works most efficiently, and I noticed -many improvements, both in the permanent way and in the general -management, since the date of my last visit to Stanley Pool in January -1901. The cataract region, through which the railway passes, is a -generally unproductive and even sterile tract of some 220 miles in -breadth. This region is, I believe, the home, or birthplace, of the -sleeping sickness--a terrible disease, which is, all too rapidly, eating -its way into the heart of Africa, and has even traversed the entire -continent to well-nigh the shores of the Indian Ocean. The population of -the Lower Congo has been gradually reduced by the unchecked ravages of -this, as yet, undiagnosed and incurable disease, and as one cause of the -seemingly wholesale diminution of human life which I everywhere observed -in the regions revisited, a prominent place must be assigned to this -malady. The natives certainly attribute their alarming death-rate to -this as one of the inducing causes, although they attribute, and I think -principally, their rapid decrease in numbers to other causes as well. -Perhaps the most striking change observed during my journey into the -interior was the great reduction observable everywhere in native life. -Communities I had formerly known as large and flourishing centres of -population are to-day entirely gone, or now exist in such diminished -numbers as to be no longer recognizable. The southern shores of Stanley -Pool had formerly a population of fully 5,000 Batekes, distributed -through the three towns of Ngaliema’s (Léopoldville), Kinchasa, and -Ndolo, lying within a few miles of each other. These people, some twelve -years ago, decided to abandon their homes, and in one night the great -majority of them crossed over into the French territory on the north -shores of Stanley Pool. Where formerly had stretched these populous -native African villages, I saw to-day only a few scattered European -houses, belonging either to Government officials or local traders. In -Léopoldville to-day there are not, I should estimate, 100 of the -original natives or their descendants now residing. At Kinchasa a few -more may be found dwelling around one of the European trading depôts, -while at Ndolo none remain, and there is nothing there but a station of -the Congo Railway Company and a Government post. These Bateke people -were not, perhaps, particularly desirable subjects for an energetic -Administration, which desired, above all things, progress and speedy -results. They were themselves interlopers from the northern shores of -the Congo River, and derived a very profitable existence as trading -middlemen, exploiting the less sophisticated population among whom they -had established themselves. Their loss to the southern shores of Stanley -Pool is none the less to be deplored, I think, for they formed, at any -rate, a connecting link between an incoming European commercial element -and the background of would-be native suppliers. - -Léopoldville is sometimes spoken of as a Congo town, but it cannot -rightly be so termed. Apart from the Government station, which, in most -respects, is very well planned, there is nothing at all resembling a -town--barrack would be the correct term. The Government station of -Léopoldville numbers, I was informed by its Chief, some 130 Europeans, -and probably 3,000 native Government workmen, who all dwell in well -ordered lines of either very well-built European houses, or, for the -native staff, mud-built huts. Broad paths, which may be termed streets, -connect the various parts of this Government Settlement, and an -elementary effort at lighting by electricity has already evolved three -lights in front of the house of the Commissaire-Général. Outside the -Government staff, the general community, or public of Léopoldville, -numbers less than one dozen Europeans, and possibly not more than 200 -native dependents of their households or trading stores. This general -public consists of two missionary establishments, numbering in all 4 -Europeans; a railway station with, I think, 1 European; 4 trading -establishments--1 Portuguese, 1 Belgian, 1 English, and 1 -German--numbering 7 Europeans, with, perhaps, 80 or 100 native -dependents; 2 British West African petty traders, and a couple of Loango -tailor boys, who make clothes for the general community. This, I think, -comprises almost all those not immediately dependent upon the -Government. - -These shops and traders do scarcely any business in native produce, of -which there may be said to be none in the district, but rely upon a cash -trade in Congolese currency, carried on with the large staff of -Government employés, both European and native. Were this cash dealing to -cease, the four European shops would be forced to put up their shutters. -During the period of my stay at Léopoldville it did actually cease, and, -for reasons which were not known publicly, the large native staff of -Congo Government workmen, instead of receiving a part of their monthly -wages in cash to spend locally--as also those being paid off on the -expiry of their contracts--were remunerated by the Government in barter -goods, which were issued from a Government store. This method of payment -did not satisfy either the native Government employés or the local -traders, and I heard many complaints on this score. The traders -complained, some of them to myself, that as they had no other form of -trading open to them, save this with the Government staff against cash, -for the Government to itself now pay these men in goods was to end, at a -blow, all trade dealings in the district. The native workmen complained, -too, that they were paid in cloth which often they did not want in their -own homes, and in order to have the wherewithal to purchase what they -wanted, a practice at once arose amongst these men to sell for cash, at -a loss to themselves, the cloth they had been forced to receive in -payment from the Government store. The workmen lost on this transaction, -and so did the traders. Pieces of cloth which were charged by the -Government at 10 fr. each in paying off the workmen, these men would -readily part with for 7 fr., and even for 6 fr. in cash. I myself, one -day in June, bought for 7 fr. a-piece, from two just-discharged -Government workmen, two pieces of cloth which had been charged against -them at 10 fr. each. These men wished to buy salt at one of the local -stores, and to obtain the means of doing so, they readily sacrificed 3 -fr. in each 10 fr. of their pay. The traders, too, complained that by -this extensive sale of cotton goods at reduced rates by the Government -employés, their own sales of cloth at current prices were rendered -well-nigh impossible throughout the district. - -The 3,000 Government workpeople at Léopoldville are drawn from nearly -every part of the Congo State. Some, those from the cataract district -especially, go voluntarily seeking employment, but many--and I believe a -vast majority--are men, or lads, brought from districts of the Upper -Congo, and who serve the authorities not primarily at their own seeking. -On the 16th June last, five Government workpeople brought me their -contracts of engagement with a request that I might tell them how long a -period they still had to serve. They were all Upper Congo men, and had -already nearly completed the full term of their engagement. The -contracts, in each case, appeared as having been signed and drawn up at -Boma on behalf of the Governor-General of the Congo State, and were, in -each case, for a term of seven years. The men informed me that they had -never been to Boma, and that the whole of their period of service had -been spent either at Léopoldville or on the Upper Congo. In three of -these cases I observed that an alteration had been made in the period of -service, in the following terms:-- - - “Je réduis de sept à cinq ans le terme de service du....” - -This entry was signed by the acting State Inspector of the district. It -seemingly had not been observed, for it was struck out by his successor, -and, as a matter of fact, the full period of seven years was, in each -case, within a few months of completion. - -On the whole the Government workmen at Léopoldville struck me as being -well cared for, and they were certainly none of them idle. The chief -difficulty in dealing with so large a staff arises from the want of a -sufficiency of food supply in the surrounding country. The staple food -of the entire Upper Congo is a preparation of the root of the cassava -plant, steeped and boiled, and made up into loaves or puddings of -varying weight. The natives of the districts around Léopoldville are -forced to provide a fixed quantity each week of this form of food, which -is levied by requisitions on all the surrounding villages. The European -Government staff is also mainly dependent upon food supplies obtained -from the natives of the neighbourhood in a similar manner. This, however -necessary, is not a welcome task to the native suppliers who complain -that their numbers are yearly decreasing, while the demands made upon -them remain fixed, or tend even to increase. - -The Government station at Léopoldville and its extensive staff, exist -almost solely in connection with the running of Government steamers upon -the Upper Congo. - -A hospital for Europeans and an establishment designed as a native -hospital are in charge of a European doctor. Another doctor also resides -in the Government station whose bacteriological studies are unremitting -and worthy of much praise. The native hospital--not, I am given to -understand, through the fault of the local medical staff--is, however, -an unseemly place. When I visited the three mud huts which serve this -purpose, all of them dilapidated, and two with the thatched roofs almost -gone, I found seventeen sleeping sickness patients, male and female, -lying about in the utmost dirt. Most of them were lying on the bare -ground--several out on the pathway in front of the houses, and one, a -woman, had fallen into the fire just prior to my arrival (while in the -final, insensible stage of the disease), and had burned herself very -badly. She had since been well bandaged, but was still lying out on the -ground with her head almost in the fire, and while I sought to speak to -her, in turning, she upset a pot of scalding water over her shoulder. -All of the seventeen persons I saw were near their end, and on my second -visit, two days later, the 19th June, I found one of them lying dead out -in the open. - -In somewhat striking contrast to the neglected state of these people, I -found, within a couple of hundred yards of them, the Government workshop -for repairing and fitting the steamers. Here all was brightness, care, -order, and activity, and it was impossible not to admire and commend the -industry which had created and maintained in constant working order this -useful establishment. In conjunction with a local missionary, some -effort was made during my stay at Léopoldville, to obtain an -amelioration of the condition of the sleeping-sickness people in the -native hospital, but it was stated, in answer to my friend’s -representations, that nothing could be done in the way of building a -proper hospital until plans now under consideration had been matured -elsewhere. The structures I had visited, which the local medical staff -greatly deplored, had endured for several years as the only form of -hospital accommodation provided for the numerous native staff of the -district. - -The Government stores at Léopoldville are large and well built, and -contain not only the goods the Government itself sends up river in its -fleet of steamers, but also the goods of the various Concession -Companies. As a rule, the produce brought down river by the Government -steamers is transhipped direct into the railway trucks which run -alongside the wharf, and is carried thence by train to Matadi for -shipment to Europe. The various Companies carrying on operations on the -Upper Congo, and who hold Concessions from the Congo Government, are -bound, I was told, by Conventions to abstain from carrying, save within -the limits of their Concessions, either goods or passengers. This -interdiction extends to their own merchandise and to their own agents. -Should they carry, by reason of imperative need, outside these limits -any of their own goods or their own people, they are bound to pay to the -Congo Government either the freight or passage money according to the -Government tariff, just as though the goods or passengers had been -conveyed on one of the Government vessels. The tariff upon goods and -passengers carried along the interior waterways is a fairly high one, -not perhaps excessive under the circumstances, but still one that, by -reason of this virtual monopoly, can produce a yearly revenue which must -go far towards maintaining the Government flotilla. By the estimates for -1902, published in the “Bulletin Officiel” of January this year, the -transport service is credited with a production of 3,100,000 fr. of -public revenue for 1902, while the expenditure for the same year is put -at 2,023,376 fr. That this restriction of public conveyance to -Government vessels alone is not altogether a public gain my own -experience demonstrated. I had wished to leave Stanley Pool for the -Upper Congo at an early date after my arrival in Léopoldville, but as -the Government vessels were mostly crowded, I could not proceed with any -comfort by one of these. The steam-ship “Flandre,” one of the largest of -these vessels, which left Léopoldville for Stanley Falls on the 22nd -June, and by which I had, at first, intended to proceed, quitted port -with more than twenty European passengers over her complement, all of -whom, I was informed, would have to sleep on deck. I accordingly was -forced to seek other means of travelling, and through the kindness of -the Director of one of the large commercial Companies (the “Société -Anonyme Belge du Haut-Congo”) I found excellent accommodation, as a -guest, on one of his steamers. Although thus an invited guest and not -paying any passage money, special permission had to be sought from the -Congo Government before this act of courtesy could be shown me, and I -saw the telegram from the local authority, authorizing my conveyance to -Chumbiri. - -This commercial Company has three other steamers, but the interdiction -referred to applies to the entire flotilla of trading vessels of -Congolese nationality on the Upper River. Despite the fact that these -vessels are not allowed to earn freight or passage, they are all, for -their tonnage, heavily taxed, while the Government vessels, which earn -considerable sums on transport of general goods and passengers, pay no -taxes. The four vessels of the Société Anonyme Belge du Haut-Congo -referred to, of which the largest is only, I believe, one of 30 tons, -pay annually, I was informed, the following taxes:-- - - Fr. - For permission to cut firewood 17,870 - Licence for each steamer, according to her tonnage 400 to 600 - The master of each vessel must be licensed, for which - a tax of 20 fr. per annum is levied. - -Himself and each European member of the crew must then pay 30 fr. per -annum as “imposition personnelle,” whilst each native member of the crew -costs his employers 3 fr. per head for engagement licence annually, and -10 fr. per head per annum as “imposition personnelle.” - -The “President Urban,” the largest steamer of the Company referred to, -under these various heads pays, I was informed, a sum of not less than -11,000 fr. in taxes per annum. Should she carry any of the agents of the -Company owning her, or any of its goods, save within the restricted area -of its Concession, her owners must pay to the Congo Government both -passage money and freight on these, just as though they had been sent by -one of the Government vessels. - -No firewood may be cut by the public within half-an-hour’s steaming -distance of any of the Government wooding posts, which are naturally -chosen at the best wooding sites available along the various waterways, -so that the 10,000 fr. wood-cutting licence which the “President Urban” -pays entitles her only to cut up for fuel such suitable timber as her -crew may be able to find in the less accessible spots. - -At F* I spent four days. I had visited this place in August 1887 when -the line of villages comprising the settlement contained from 4,000 to -5,000 people. Most of these villages to-day are entirely deserted, the -forest having grown over the abandoned sites, and the entire community -at the present date cannot number more than 500 souls. There is no -Government station at F*, but the Government telegraph line which -connects Léopoldville with Coquilhatville, the headquarters of the -Equator district, runs through the once townlands of the F* villages -close to the river bank. The people of the riverside towns, and from 20 -miles inland, have to keep the line clear of undergrowth, and in many -places the telegraph road serves as a useful public path between -neighbouring villages. Some of the natives of the neighbourhood -complained that for this compulsory utilitarian service they had -received no remuneration of any kind; and those at a distance that they -found it hard to feed themselves when far from their homes they were -engaged on this task. Inquiry in the neighbourhood established that no -payment for this work had seemingly been made for fully a year. - -Men are also required to work at the neighbouring wood-cutting post for -the Government steamers, which is in charge of a native Headman or -Kapita, who is under the surveillance of a European “Chef de Poste” at -Bolobo, the nearest Government station, which lies about 40 miles -up-stream. These wood-cutters, although required compulsorily to serve -and sometimes irregularly detained, are adequately paid for their -services. - -The F* villages have to supply kwanga (the prepared cassava root already -referred to) for the neighbouring wood-cutting post, and the quantity -required of them is, they asserted, in excess of their means of supply -and out of proportion to the value received in exchange. The supply -required of them was fixed, I found, at 380 kwanga (or boiled cassava -puddings) every six days, each pudding weighing from 4-1/2 lb. to 6 lb., -or a total of from 1,700 lb. to 1 ton weight of carefully prepared -food-stuffs per week. For this a payment of one brass rod per kwanga is -made, giving a sum of 19 fr. in all for the several villages whose task -it is to keep the wood post victualled. These villages by careful -computation I reckoned contained 240 persons all told--men, women, and -children. In addition to preparing and carrying this food a considerable -distance to the Government post, these people have to take their share -in keeping the telegraph line clear and in supplying Government workmen. -One elderly man was arrested at the period of my visit to serve as a -soldier and was taken to Bolobo, 40 miles away, but was subsequently -released upon representations made by a missionary who knew him. The -number of wood-cutters at the local post is about thirty I was informed, -so that the amount of food levied is beyond their requirements, and the -excess is said to be sold by them at a profit to the crews of passing -steamers. At one of the smallest of these F* villages, where there are -not more than ten persons all told, and only three of these women able -to prepare and cook the food, 40 kwanga (180 lb. to 270 lb. weight of -food) had to be supplied every week at a payment of 40 rods (2 fr.). -These people said: “How can we possibly plant and weed our gardens, seek -and prepare and boil the cassava, make it into portable shape, and then -carry it nearly a day’s journey to the post? Moreover, if the kwanga we -make are a little small or not well-cooked, or if we complain that the -rods given us in settlement are too short, as they sometimes are, then -we are beaten by the wood-cutters, and sometimes we are detained several -days to cut firewood as a punishment.” - -Statements of this kind might be tediously multiplied. - -The local mission station at F* requires much smaller kwanga than the -Government size, getting from 1-1/2 lb. to 2 lb. weight of food at the -same price--viz., 1 rod. The kwanga made up for general consumption, as -sold in local markets, weigh only about 1 lb. each. The Government -requires, delivered free, even at considerable distances, from four and -a-half to six times the weight of prepared food to that sold publicly -for 1/2_d._ - -In most parts of the Upper Congo the recognized currency consists of -lengths of brass wire; these lengths varying according to the district. -At one period the recognized length of a brass rod was 18 inches, but -to-day the average length of a rod cannot be more than 8 or 9 inches. -The nominal value of one of these rods is 1/2_d._, twenty of them being -reckoned to the franc; but the intrinsic value, or actual cost of a rod -to any importer of the brass wire direct from Europe, would come to less -than a 1/4_d._, I should say. Such as it is, clumsy and dirty, this is -the principal form of currency known on the Upper Congo where, saving -some parts of the French Congo I visited, European money is still quite -unknown. - -The reasons for the decrease of population at F* given me, both by the -natives and by others, point to sleeping sickness as probably one of the -principal factors. There has also been emigration to the opposite side -of the river, to the French shore, but this course has never, I gather, -been popular. The people have not easily accommodated themselves to the -altered condition of life brought about by European Government in their -midst. Where formerly they were accustomed to take long voyages down to -Stanley Pool to sell slaves, ivory, dried fish, or other local products -against such European merchandise as the Bateke middlemen around the -Pool had to offer in exchange, they find themselves to-day debarred from -all such form of activity. - -The open selling of slaves and the canoe convoys, which once navigated -the Upper Congo, have everywhere disappeared. No act of the Congo State -Government has perhaps produced more laudable results than the vigorous -suppression of this widespread evil. In the 160 miles’ journey from -Léopoldville to F* I did not see one large native canoe in mid-stream, -and only a few small canoes creeping along the shore near to native -villages. While the suppression of an open form of slave dealing has -been an undoubted gain, much that was not reprehensible in native life -has disappeared along with it. The trade in ivory has to-day entirely -passed from the hands of the natives of the Upper Congo, and neither -fish nor any other outcome of local industry now changes hands on an -extensive scale or at any distance from home. - -So far as I could observe in the limited time at my disposal, the people -of F* now rarely leave their homes save when required by the local -Government official at Bolobo to serve as soldiers, or woodcutters at -one of the Government posts, or to convey the weekly supplies of food -required of them to the nearest Government station. These demands for -food-stuffs comprise fowls and goats for consumption by the European -members of the Government staff at Léopoldville, or for passengers on -the Government steamers. They emanate from the Chief of the post at -Bolobo who, I understand, is required in so far as he can, to keep up -this supply. In order to obtain this provision he is forced to exercise -continuous pressure on the local population, and within recent times -that pressure has not always taken the form of mere requisition. Armed -expeditions have been necessary and a more forcible method of levying -supplies adopted than the law either contemplated or justifies. Very -specific statements as to the harm one of these recent expeditions -worked in the country around F* were made to me during my stay there. -The officer in command of the G* district, at the head of a band of -soldiers passed through a portion of the district wherein the natives, -unaccustomed to the duties expected of them, had been backward in -sending in both goats and fowls. - -The result of this expedition, which took place towards the end of 1900, -was that in fourteen small villages traversed seventeen persons -disappeared. Sixteen of these whose names were given to me were killed -by the soldiers, and their bodies recovered by their friends, and one -was reported as missing. Of those killed eleven were men, three women, -and one a boy child of 5 years. Ten persons were tied up and taken away -as prisoners, but were released on payment of sixteen goats by their -friends, except one, a child, who died at Bolobo. In addition 48 goats -were taken away and 225 fowls; several houses were burned, and a -quantity of their owners’ property either pillaged or destroyed. -Representations on behalf of the injured villages were made to the -Inspecteur d’État at Léopoldville, who greatly deplored the excesses of -his subordinate, and sent to hold an inquiry and to pay compensation to -the relatives of those killed and for the live-stock or goods destroyed -or taken away. The local estimate of the damage done amounted to 71,730 -brass rods (3,586 fr.), which included 20,500 brass rods (1,025 fr.), -assessed as compensation for the seventeen people. Three of these were -Chiefs, and the amount asked for would have worked out at about 1,000 -brass rods (50 fr.) per head, not probably an extravagant estimate for -human life, seeing that the goats were valued at 400 rods each (20 fr.). -A total sum, I was told, of 18,000 brass rods (950 fr.) was actually -paid to the injured villages by the Government Commissioner, who came -from Stanley Pool; and this sum, it was said, was levied as a fine for -his misconduct on the official responsible for the raid. I could not -learn what other form of punishment, if any, was inflicted on this -officer. He remained as the Government Representative for some time -afterwards, was then transferred to another post in the immediate -neighbourhood, and finally went home at the expiration of his period of -service. - -At Bolobo, where I spent ten days waiting for a steamer to continue my -journey, a somewhat similar state of affairs prevails to that existing -at F*. Bolobo used to be one of the most important native Settlements -along the south bank of the Upper Congo, and the population in the early -days of civilized rule numbered fully 40,000 people, chiefly of the -Bobangi tribe. To-day the population is believed to be not more than -7,000 or 8,000 souls. The Bolobo men were famous in former days for -their voyages to Stanley Pool and their keen trading ability. All of -their large canoes have to-day disappeared, and while some of them still -hunt hippopotami--which are still numerous in the adjacent waters--I did -not observe anything like industry among them. - -Indeed, it would be hard to say how the people now live or how they -occupy their own time. They did not complain so much of the weekly -enforced food supplies required of them, which would, indeed, seem to be -an unavoidable necessity of the situation, as to the unexpected calls -frequently made upon them. Neither rubber nor ivory is obtained in this -neighbourhood. The food supply and a certain amount of local labour is -all that is enforced. As woodcutters, station hands in the Government -post, canoe paddlers, workers on the telegraph route or in some other -public capacity, they are liable to frequent requisition. - -The labour required did not seem to be excessive, but it would seem to -be irregularly called for, unequally distributed, and only poorly -remunerated, or sometimes not remunerated at all. - -Complaints as to the manner of exacting service are much more frequent -than complaints as to the fact of service being required. If the local -official has to go on a sudden journey men are summoned on the instant -to paddle his canoe, and a refusal entails imprisonment or a beating. If -the Government plantation or the kitchen garden require weeding, a -soldier will be sent to call in the women from some of the neighbouring -towns. To the official this is a necessary public duty which he cannot -but impose, but to the women suddenly forced to leave their household -tasks and to tramp off, hoe in hand, baby on back, with possibly a -hungry and angry husband at home, the task is not a welcome one. - -One of the weightier tasks imposed upon the neighbourhood during my stay -at Bolobo was the construction of a wooden pier at the Government beach -whereat Government vessels might come alongside. - -I visited this incompleted structure several times, and estimated that -from 1,500 to 2,000 trees and saplings had already been used in its -partial construction. All of these were cut down and carried in by the -men of some of the neighbouring towns, and for this compulsory service -no remuneration had, up to that date, I was on all sides informed, been -made to any one of them. They were ordered, they said, to do it as a -public duty. The timber needed had to be sought at a considerable -distance, most of the trees had been carried some miles, and the task -was not altogether an agreeable one. The chief complaint I heard -directed against this work, however, was that the pier was being so -badly put up that when finished it would be quite useless, and all their -work would thus be thrown away. My own opinion of the structure was that -this criticism was well founded, and that the first annual rise of the -river would sweep most of the ill-laid timbers away. - -The Bolobo people do not object so much to the regular food tax, just -because this is regular, and they can prepare and regularly meet it, as -to the sudden and unexpected labour tasks, such as canoe journeys, or -this more onerous pier building. They could, I perceived, trace no -connection between this hastily-conceived exaction on their time and -labour and a system of general contribution in the public interest, -which, to be readily admitted, should be clearly defined. Were a regular -annual tax levied in money, or some medium of barter exchange serving as -a legal currency, the people would in time be brought to see that a -payment of this kind evenly distributed and enforced was, indeed, a -public duty they were bound to acquit themselves of, and one their -Government was justified in strictly enforcing; but they do not assign -any such value to the unsystematic calls upon them which prevail to-day. -To be hastily summoned from their usual home avocations, or even from -their possibly habitual idleness, to perform one or other of the tasks -indicated above, and to get neither food nor pay for their exertions, as -is often the case, seems to these unprogressive people not a public -service they are called upon to perform in the public interest, but a -purely personal burden laid upon their bodies and their time by the -local agent of an organization which, to them, would seem to exist -chiefly for its own profit. - -The weight of the kwanga required at Bolobo seemed to be less than that -enforced at F*, and I found that this variance existed throughout the -Upper Congo. At Bolobo the kwanga loaves supplied to the Government -post weighed each a little over 3 lb. That made for ordinary sale in the -public market just over 1 lb.: one of each that I weighed myself gave 3 -lb. 2 oz. to the Government loaf, and 13 oz. to that made for general -consumption. The price paid in each case was the same--viz., one brass -rod. - -At the village of H*, some 4 or 5 miles from the Government post, which -I visited, I found the village to number some forty adult males with -their families. This village has to supply weekly to the Government post -400 of these loaves (say 1,250 lb. weight of food) for which a payment -of 20 fr. (400 rods) is made. The people of H* told me that when short -of cassava from their own fields for the preparation of this supply, -they bought the root in the local market and had to pay for it in the -raw state just twice what they received for the prepared and cooked -product they delivered at the post. I had no means of verifying this -statement, but I was assured by many persons that it was strictly true. -In addition to supplying this food weekly, H* is liable to the usual -calls for canoe paddlers, day labourers at the Government station (male -and female), timber gatherers for the pier, and woodcutters at the local -wood-post of the Government steamers. - -There was a good deal of sickness in this town, and in that beyond it at -the date of my visit. Sleeping sickness and, still more, small-pox. Both -diseases have done much to reduce the population. Emigration to the -French shore, once active, would seem now to have ceased. Efforts are -made locally, to improve the physical and sanitary condition of the -people, and improvements due to these efforts are becoming apparent, but -I was given to understand that progress is very slow. - -The insufficiency of food generally observable in this part of the Congo -would seem to account for much sickness, and probably for the mental -depression of the natives I so often observed, itself a frequent cause -of disease. The Chief of the Government post at G* during a part of my -stay there told me that he thought the district was quite exhausted, and -that it must be ever increasingly difficult to obtain food from it for -the public requirements of the local administration. - -Some 40 miles above Bolobo a large “camp d’instruction,” with from 600 -to 800 native recruits and a staff of several European officers is -established at a place called Yumbi. I had, to my regret, no opportunity -of visiting this camp, although I met one of its officers who very -kindly invited me there, promising a hearty welcome. He informed me that -native food supplies were fairly plentiful in the neighbourhood of this -camp, and that the principal rations of the soldiers consisted of -hippopotamus meat, the Congo in that neighbourhood affording a seemingly -inexhaustible supply of these creatures. - -In front of the house of one of the natives in a village, I saw some -seventy hippopotamus skulls. The animals, I was told, had all been -killed by one man. Many are speared, and some are shot by the native -hunters with cap-guns. A somewhat considerable trade in these weapons -appears to have been done until recently by the Government Agents in the -district, and I found several of the Bolobo young men with guns of this -description which they had bought at different times from the local -official, generally paying for them with ivory tusks. The sale of these -arms by Representatives of the Congo Government would seem to have -ceased somewhat more than a year ago, since which date the holders of -the guns have been exposed to some trouble in order to obtain licences. -Dealing in or holding guns of this description would seem to be -regulated by clearly drawn up Regulations, which, however, do not seem -to have been observed until last year. A tax of 20 fr. is now levied on -the issue of a licence to bear arms, which the law renders obligatory on -every gun holder, but this tax is also collected in an irregular manner. - -I learned while at Bolobo that a large influx from the I* district -(which comprises the “Domaine de la Couronne”) had lately taken place -into the country behind G*. The nearest Settlement of these emigrants -was said to be about 20 to 25 miles from G*, and I determined to visit -this place. I spent three days on this journey, visited two large -villages in the interior belonging to the K* tribe, wherein I found that -fully half the population now consisted of refugees belonging to the L* -tribe who had formerly dwelt near I*. I saw and questioned several -groups of these people, whom I found to be industrious blacksmiths and -brass-workers. These people consisted of old and young men, women, and -children. They had fled from their country and sought an asylum with -their friends the K* during the last four years. The distance they had -travelled in their flight they put at about six or seven days’ -march--which I should estimate at from 120 to 150 miles of walking. -They went on to declare, when asked why they had fled, that they had -endured such ill-treatment at the hands of the Government officials and -the Government soldiers in their own country that life had become -intolerable, that nothing had remained for them at home but to be killed -for failure to bring in a certain amount of rubber or to die from -starvation or exposure in their attempts to satisfy the demands made -upon them. The statements made to me by these people were of such a -nature that I could not believe them to be true. The fact remained, -however, that they had certainly abandoned their homes and all that they -possessed, had travelled a long distance, and now preferred a species of -mild servitude among the K* to remaining in their own country. I took -careful note of the statements made to me by these people, which will be -found in the transcript attached (Inclosure 1).[12] I subsequently found -when at M* some days later, other L*, who confirmed the truth of the -statements made to me at N*. - -On reaching Bolobo in September I obtained information amply confirming -the statements made to me. My own further inquiries at M* are embodied -in the accompanying document (Inclosure 1).[13] - -Leaving Bolobo on the 23rd July, I passed on up river in a small -steam-launch I had been fortunate enough to secure for my private use. -We touched at several points on the French shore, and on the 25th July -reached Lukolela, where I spent two days. This district had, when I -visited it in 1887, numbered fully 5,000 people; to-day the population -is given, after a careful enumeration, at less than 600. The reasons -given me for their decline in numbers were similar to those furnished -elsewhere, viz., sleeping-sickness, general ill-health, insufficiency of -food, and the methods employed to obtain labour from them by local -officials and the exactions levied on them. The Lukolela district -furnishes a small supply of rubber, which is required by the Local -Government posts to be brought in at fixed periods as a general -contribution. Food--“kwanga” and fish--are also required of the -riverside dwellers. The towns I visited were very ill-kept and -tumble-down, and bore no comparison, either in the class of -dwelling-houses now adopted or in the extent of cultivated ground around -them, to the condition in which these people formerly dwelt. - -Several reasons for the increase of sickness and the great falling-off -in the population of the district were stated by the local missionary, -who has resided for many years at Lukolela, in two letters which he -recently addressed to the Governor-General of the Congo State. A copy of -these letters was handed to me by the writer--the Rev. John -Whitehead--on my calling in at Lukolela on my way down river on the 12th -September. I had no opportunity of verifying, by personal observation, -the statements made by Mr. Whitehead in his letter, for my stay at -Lukolela was only one of a few hours. I have, however, no right to doubt -Mr. Whitehead’s veracity, and he declared himself prepared to accept -full responsibility for the statements his letter contained. A copy of -these letters is appended (Inclosure 2).[14] - -The Government post at Lukolela I did not visit, but viewed from the -river it presents a charming aspect; well-built houses, surrounded by -plantations of coffee-trees, extend for some distance along the shore. - -From Lukolela I proceeded to O*, which I purposed visiting. O*, with its -two adjoining villages, when I had last seen them in the autumn of 1887, -had presented a scene of the greatest animation. The population of the -three towns then numbered some 4,000 to 5,000 people--O* alone, it was -estimated, containing at least 3,000. Scores of men had put off in -canoes to greet us with invitations that we should spend the night in -their village. On steaming into O*, I found that this village had -entirely disappeared, and that its place was occupied by a large “camp -d’instruction,” where some 800 native recruits, brought from various -parts of the Congo State, are drilled into soldierhood by a Commandant -and a staff of seven or eight European officers and non-commissioned -officers. - -There is also a large plantation of coffee-trees, a telegraph office, -and a trading store, but I could see no indications of native life -beyond those dependent on these establishments. The once villages and -their fields had been converted into a very well-laid-out and -admirably-maintained military station. From the Commandant and his -officers a cordial welcome was received. The camp as a military centre -is excellently chosen, the situation of Irebu commanding not only the -Lake Mantumba waterway, but one of the chief navigable channels of the -Congo; and it is, moreover, situated opposite the estuary of the great -Ubangi River, which is probably the most important Congo affluent. The -Commandant informed me that a very large supply of native food, amply -sufficient for the soldiers under his command, was supplied weekly by -the natives of the surrounding district. - -It is difficult to exactly estimate the number of soldiers enrolled and -maintained by the Congo Government. There are, I think, four separate -“camps d’instruction” upon the Upper Congo, each of which should have an -effective of 700 men. The effective strengths of the companies of -Manyuema, Lake Léopold II, Lualaba-Kasai, Aruwimi, and Ruzizi-Kivu were -fixed respectively by Circular of the Governor-General, dated the 25th -June, 1902, at 750, 475, 850, 450, and 875 men. There are many other -companies of the “Force Publique” in the Congo State, and I think it -might safely be estimated that the number of men with the colours does -not amount to less than 18,000. By a Circular addressed to the local -authorities, dated the 26th May last, the Governor-General stated that -it was necessary to add 200 men to each of the camps in the Upper Congo. -In the same Circular a proposed increase of the general strength of the -army was indicated in the following terms:-- - - “Notre programme militaire est très vaste et sa réalisation exige - une attention soutenue et de grands efforts, mais sans son - exécution intégrale notre situation demeurera précaire. - - “S’il le fallait, mais je ne pense pas même que ce soit nécessaire, - le Gouvernement se montrerait disposé à augmenter dans une certaine - mesure le contingent pour 1903.” - -The same Circular added that:-- - - “Certains districts en effet ne remplacent pas les miliciens - décédés, désertés en cours de route et ceux réformés à leur arrivée - au camp. - - “De plus, pendant la période d’instruction dans les camps un grand - nombre de déchets se produisent aussi parmi ces recrues, les - transports de miliciens laissant encore a désirer.” - -The Commandant informed me that some of the natives who had fled into -the French territory opposite ten years ago, when the Irebu tribes had -deserted their homes, were now gradually returning to Congo State -territory. I found, subsequently, that this was the case, the people -alleging that since the rubber tax had been dropped in the Mantumba -district they preferred returning to their home lands to remaining on -the strange sites in French territory, to which they had fled when that -tax was at work. - -From Irebu I proceeded some 25 miles to Ikoko, once a large village on -the north shore of Lake Mantumba. I remained in Lake Mantumba seventeen -days visiting, during that time, the Government post at Bikoro on the -east shore of the lake, and many native towns scattered around the lake -side. I also ascended by boat one of the rivers falling into the lake, -and visited three native villages in the forest situated along this -waterway. Lake Mantumba is a fine sheet of water about 25 or 30 miles -long and some 12 or 15 miles broad at the broadest part, surrounded by a -dense forest. The inhabitants of the district are of the Ntomba tribe, -and are still rude savages, using very fine bows and arrows and ill-made -spears as their weapons. There are also in the forest country many -families or clans of a dwarf race called Batwas, who are of a much more -savage and untameable disposition than the Ntombas, who form the bulk of -the population. Both Batwas and Ntombas are still cannibals, and -cannibalism, although repressed and not so openly indulged in as -formerly, is still prevalent in the district. The Mantumba people were, -in the days before the establishment of Congo State rule, among the most -active fishermen and traders of the Upper Congo. In fleets of canoes -they used to issue out upon the main waters of the Congo and travel very -great distances, fighting their way if necessary, in search of -purchasers of their fish or slaves, or to procure these latter. All this -has ceased and, save for small canoes used in catching fish, I saw -neither on the lake itself nor at the many villages I touched along its -shores, any canoes comparable to those so frequently seen in the past. A -man I visited told me that a fine canoe he bought for 2,000 brass rods -(100 fr.), in which to send the weekly imposition of fish to the local -State post, had been kept by the official there, had been used to -transport Government soldiers in, and was now attached to a Government -wood-cutting post, which he named, out on the main river. He had -received nothing for the loss of this canoe, and when I urged him to lay -the matter before the local official responsible, who had doubtless -retained the canoe in ignorance, he pulled up his loin cloth and, -pointing to where he had been flogged with a chicotte, said: “If I -complained I should only get more of these.” Although afraid to complain -locally, he declared he would be perfectly willing to accompany me if I -would take him before one of the Congo Judges or, above all, down to -Boma. I assured him that a statement such as that he had made to me -would meet with attention at Boma, and that if he could prove its truth -he would get satisfaction for the loss of the canoe. - -Statements of a similar character, often supported by many witnesses, -were made to me more than once during my journey around the lake, some -of them pointing to far greater derelictions of duty. The same man told -me, on the same occasion, that one of the Government officials of the -district (the same man, indeed, who had retained the canoe) had recently -given him three wives. The official, he declared, had been “making war” -on a town in the forest I was then in, for failing to bring in its fixed -food supply, and as a result of the punitive measures undertaken the -town had been destroyed and many prisoners taken. As a result, several -women so taken were homeless, and were distributed. “Wives were being -given away that day,” said my informant, “he gave me three, but another -man got four.” The man went on to say that one of these “wives” had -since escaped, aided, as he complained, by one of his own townsmen, who -was a slave from her own native town. - -The population of the lake-side towns would seem to have diminished -within the last ten years by 60 or 70 per cent. It was in 1893 that the -effort to levy an india-rubber imposition in this district was begun, -and for some four or five years this imposition could only be collected -at the cost of continual fighting. Finding the task of collecting -india-rubber a well nigh impossible one, the authorities abandoned it in -this district, and the remaining inhabitants now deliver a weekly supply -of food-stuffs for the up-keep of the military camp at Irebu, or the big -coffee plantation at Bikoro. Several villages I visited supply also to -the latter station a fortnightly tax of gum-copal, which the surrounding -forests yield abundantly. Gum-copal is also exposed and washed up on the -shores of the lake. The quantity of this commodity supplied by each -village on which it is assessed is put at 10 bags per fortnight. Each -bag is officially said to contain 25 kilog., so that the imposition -would amount to a quarter of a ton weight per fortnight. I found, when -trying to lift some of these bags I saw being packed at a native village -I was in, that they must weigh considerably more than 25 kilog., so that -I concluded that each sack represents that quantity net of gum-copal. -There is a considerable loss in cleaning, chipping, and washing crude -gum as collected. The quantity brought by each village would thus work -out at 6-1/2 tons per annum. When I visited the Government station at -P*, the chief of that post showed me ten sacks of gum which he said had -been just brought in by a very small village in the neighbourhood. For -this quarter of a ton of gum-copal he said he had paid the village one -piece of blue drill--a rough cotton cloth which is valued locally, after -adding the cost of transport, at 11-1/2 fr. a-piece. By the Congo -Government “Bulletin Officiel” of this year (No. 4, April 1903) I found -that 339-1/2 tons of gum-copal were exported in 1902, all from the Upper -Congo, and that this was valued at 475,490 fr. The value per ton would, -therefore, work out at about 56_l._ The fortnightly yield of each -village would therefore seem to be worth a maximum of 14_l._ (probably -less), for which a maximum payment of 11-1/2 fr. is made. At one village -I visited I found the majority of the inhabitants getting ready the -gum-copal and the supply of fish which they had to take to P* on the -morrow. They were putting it into canoes to paddle across the lake--some -20 miles--and they left with their loads in the night from alongside my -steamer. These people told me that they frequently received, instead of -cloth, 150 brass rods (7-1/2 fr.) for the quarter of a ton of gum-copal -they took fortnightly. - -The value of the annual payment in gum-copal made by each town would -seem to be about 360_l._, while at an average of 9 fr. as the -remuneration each receives fortnightly, they would appear to receive -some 10_l._ in annual return. - -In the village of Montaka, at the south end of the lake, where I spent -two days, the people seemed, during my stay, to be chiefly engrossed in -the task of chipping and preparing the gum-copal for shipment to Bikoro, -and in getting ready their weekly yield of fish for the same post. I saw -the filling with gum of the ten basket-sacks taking place under the eyes -of the Chief--who himself contributed--and a State sentry who was posted -there. Each household in the town was represented at this final task, -and every adult householder of Montaka shared in the general -contribution. Assuming the population of Montaka at from 600 to 800--and -it cannot now be more although a town of 4,000 souls ten years -ago--fully 150 householders are thus directly affected by the collection -and delivery, each fortnight, of this “impôt en nature,” and are -affected for the great majority of the days throughout the year. - -Since for the 6-1/2 tons of gum-copal which the 150 householders of -Montaka contribute annually, they are seen to receive not more than a -total payment of 10_l._ in the year--viz., 26 fortnightly payments of, -on an average, say 9 fr. 50 c., giving 247 fr. annually--it follows that -the remuneration each adult householder of Montaka receives for his -entire year’s work is the one hundred and fiftieth part of that -total--or just 1_s._ 4_d._ This is just the value of an adult fowl in -Montaka. I bought ten fowls, or chickens rather, the morning of my going -away, and for the only reasonably sized one among them I gave 30 rods (1 -fr. 50 c.), the others, small fledglings, ranging from 15 to 20 rods -each (75 cents. to 1 fr.). - -The 6-1/2 tons of gum-copal supplied annually by these 150 householders -being valued at about 364_l._, it follows that each householder had -contributed something like 2_l._ 8_s._ per annum in kind. - -The labour involved may or may not be unduly excessive--but it is -continuous throughout the year--each man must stay in his town and be -prepared each week and fortnight to have his contribution ready under -fear of summary punishment. - -The natives engaged as workmen on my steamer were paid each a sum of 20 -rods (1 fr.) per week for food rations only, and 100 rods (5 fr.) per -month wages. One of these native workmen thus earned more in one week of -my service--which was that of any other private establishment employing -ordinary labour--than the Montaka householder got in an entire year for -his compulsory public service rendered to the Government. - -At other villages which I visited, I found the tax to consist of -baskets, which the inhabitants had to make and deliver weekly as well -as, always, a certain amount of food-stuffs--either kwanga or fish. -These baskets are used at Bikoro in packing up the gum-copal for -conveyance down the river and to Europe--the river transport being -effected by Government steamers. The basket-makers and other workers -complained that they were sometimes remunerated for their labour with -reels of sewing cotton and shirt buttons (of which they had no use) when -supplies of cloth or brass wire ran short at Bikoro. As these natives go -almost entirely naked, I could believe that neither thread or shirt -buttons were of much service to them. They also averred that they were -frequently flogged for delay or inability to complete the tale of these -baskets, or the weekly supply of food. Several men, including a Chief of -one town, showed broad weals across their buttocks, which were evidently -recent. One, a lad of 15 or so, removing his cloth, showed several scars -across his thighs, which he and others around him said had formed part -of a weekly payment for a recent shortage in their supply of food. That -these statements were not all untrue was confirmed by my visit to P*, -when the “domaine privé” store was shown to me. It had very little in -it, and I learned that the barter stock of goods had not been -replenished for some time. There appeared to be from 200 to 300 pieces -of coarse cotton cloth, and nothing else, and as the cloth was visibly -old, I estimated the value of the entire stock at possibly 15_l._ It -certainly would not have fetched more if put up to auction in any part -of the Upper Congo. - -The instructions regulating the remuneration of the native contributors -and the mode of exploitation of the “forêts domaniales” were issued in -the “Bulletin Officiel” of 1896, under authority of Decrees dated the -30th October and the 5th December, 1892. - -These general instructions require that:-- - - “L’exploitation se fait par les agents de l’Intendance, sous la - direction du Commissaire de District. - - “Tout ce qui se rapporte à l’exploitation du domaine privé doit - être séparé nettement des autres services gouvernementaux. - - “Les agents préposés à l’exploitation du domaine privé consacrent - tous leurs soins au développement de la récolte du caoutchouc et - des autres produits de la forêt. - - “Quel que soit le mode d’exploitation adopté à cet effet, ils sont - tenus d’accorder aux indigènes une rémunération qui ne sera en - aucun cas inférieure au montant du prix de la main-d’œuvre - nécessaire à la récolte du produit; cette rémunération est fixée - par le Commissaire de District, qui soumet son tarif à - l’approbation du Gouverneur-Général. - - “L’Inspecteur d’État en mission vérifie si ce tarif est en rapport - avec le prix de la main-d’œuvre; il veille à sa stricte - application, et il examine si les conditions générales - d’exploitation ne donnent lieu à aucune plainte justifiée. - - “Il fait comprendre aux agents chargés du service que, par le fait - de rétribuer équitablement l’indigène, ils emploient le seul moyen - efficace d’assurer la bonne administration du domaine et de faire - naître chez lui le goût et l’habitude du travail.” - -Both from the condition of the Domaine Privé Store I inspected at P*, -and the obvious poverty and universal discontent of the native -contributors, whose towns I visited during the seventeen days spent in -Lake Mantumba, it was clear that these instructions had long since -ceased to be operative. The responsibility for the non-application of -such necessary regulations could not be attributed to the local -officials, who, obviously, if left without the means of adequate -remuneration could not themselves make good the oversights or omissions -of their superiors. That these omissions form part of a systematic -breach of instructions conceived in the interest of the native I do not -assert, but it was most apparent that neither in Lake Mantumba nor the -other portions of the Domaine Privé which I visited was any adequate -provision made for inculcating the natives with any just appreciation of -the value of work. - -The station at Bikoro has been established as a Government plantation -for about ten years. It stands on the actual site of the former native -town of Bikoro, an important Settlement in 1893, now reduced to a -handful of ill-kept, untidy huts, inhabited by only a remnant of its -former expropriated population. - -Another small village, Bomenga, stands on the other side of the -Government houses; the plantation enveloping both villages, and -occupying their old cassava fields and gardens, which are now planted -with coffee trees. Further inland these give place to cocoa and -india-rubber trees (_fantumia elastica_), and also to the indigenous -Landolphia creeper, which is being extensively cultivated. The entire -plantation covers 800 hectares. There are 70 kilom. of well-cleared -pathway through it, one of these roads measuring 11 kilom. in almost a -straight line; 400 workmen are employed, consisting in small part of -local natives, but chiefly of men brought from a distance. One numerous -group I saw I was informed were “prisoners” from the Ruki district. -There are 140,000 coffee trees and 170,000 cocoa trees actually in the -ground, the latter a later planting than the coffee. Last year the yield -was: coffee 112 tons, and cocoa 7 tons, all of which, after cleaning and -preparing at the Government depôt at Kinchasa, was shipped to Europe on -the Government account. India-rubber planting was not begun until -November 1901. There are now 248 hectares already under cultivation, -having 700,000 young Landolphia creepers, and elsewhere on the -plantation, on portions mainly given up to coffee growing, there are -50,000 _fantumia elastica_ and 50,000 _manihot glaziovii_ trees. The -station buildings are composed entirely of native materials, and are -erected entirely by local native labour. The Chief of the Post has very -ably directed the work of this plantation, which engrosses all his time, -and until quite recently he had no assistant. A subordinate official is -now placed under his orders. When he took over the district he told me -there were sixty-eight native soldiers attached to the post, which -number he has now been able to reduce to nineteen. In the days when the -india-rubber tax prevailed in Lake Mantumba there were several hundreds -of soldiers required in that region. No rubber is now worked in the -neighbourhood I am informed. - -Despite the 70 kilom. of roadway through the plantation, much of which -has to be frequently--indeed daily--traversed, the two Europeans have no -means of locomotion provided them, and must make their daily inspection -to various points of this large plantation on foot. - -In addition to the control of this flourishing establishment, the Chief -of the Post is the Executive Chief of the entire district, but it is -evident that but little time or energy could be left to the most -energetic official for duties outside the immediate scope of his work as -a coffee and india-rubber grower, in addition to those “engrossing -cares” the general instructions cited above impose upon the agents who -exploit the State domain. - -I have dwelt upon the condition of P* and the towns I visited around -Lake Mantumba in my notes taken at the time, and these are appended -hereto (Inclosure 3).[15] A careful investigation of the conditions of -native life around the lake confirmed the truth of the statements made -to me--that the great decrease in population, the dirty and ill-kept -towns, and the complete absence of goats, sheep, or fowls--once very -plentiful in this country--were to be attributed above all else to the -continued effort made during many years to compel the natives to work -india-rubber. Large bodies of native troops had formerly been quartered -in the district, and the punitive measures undertaken to this end had -endured for a considerable period. During the course of these -operations there had been much loss of life, accompanied, I fear, by a -somewhat general mutilation of the dead, as proof that the soldiers had -done their duty. Each village I visited around the lake, save that of Q* -and one other, had been abandoned by its inhabitants. To some of these -villages the people have only just returned; to others they are only now -returning. In one I found the bare and burnt poles of what had been -dwellings left standing, and at another--that of R*--the people had fled -at the approach of my steamer, and despite the loud cries of my native -guides on board, nothing could induce them to return, and it was -impossible to hold any intercourse with them. At the three succeeding -villages I visited beyond R*, in traversing the lake towards the south, -the inhabitants all fled at the approach of the steamer, and it was only -when they found whose the vessel was that they could be induced to -return. - -At one of these villages, S*, after confidence had been restored and the -fugitives had been induced to come in from the surrounding forest, where -they had hidden themselves, I saw women coming back carrying their -babies, their household utensils, and even the food they had hastily -snatched up, up to a late hour of the evening. Meeting some of these -returning women in one of the fields I asked them why they had run away -at my approach, and they said, smiling, “We thought you were Bula -Matadi” (_i.e._, “men of the Government”). Fear of this kind was -formerly unknown on the Upper Congo; and in much more out-of-the-way -places visited many years ago the people flocked from all sides to greet -a white stranger. But to-day the apparition of a white man’s steamer -evidently gave the signal for instant flight. - -The chief of the P* post told me that a similar alarm reigned almost -everywhere in the country behind his station, and that when he went on -the most peaceful missions only a few miles from his house the villages -were generally emptied of all human beings when he entered them, and it -was impossible in the majority of cases to get into touch with the -people in their own homes. It was not so in all cases, he said, and he -instanced certain villages where he could go certain of a friendly -reception, but with the majority, he said, he had found it quite -impossible to ever find them “at home.” He gave, as an explanation, when -I asked for the reason of this fear of the white man, that as these -people were great savages, and knew themselves how many crimes they had -committed, they doubtless feared that the white man of the Government -was coming to punish their misconduct. He added that they had -undoubtedly had an “awful past” at the hands of some of the officials -who had preceded him in the local administration, and that it would take -time for confidence to be restored. Men, he said, still came to him -whose hands had been cut off by the Government soldiers during those -evil days, and he said there were still many victims of this species of -mutilation in the surrounding country. Two cases of the kind came to my -actual notice while I was in the lake. One, a young man, both of whose -hands had been beaten off with the butt ends of rifles against a tree, -the other a young lad of 11 or 12 years of age, whose right hand was cut -off at the wrist. This boy described the circumstances of his -mutilation, and, in answer to my inquiry, said that although wounded at -the time he was perfectly sensible of the severing of his wrist, but lay -still fearing that if he moved he would be killed. In both these cases -the Government soldiers had been accompanied by white officers whose -names were given to me. Of six natives (one a girl, three little boys, -one youth, and one old woman) who had been mutilated in this way during -the rubber régime, all except one were dead at the date of my visit. The -old woman had died at the beginning of this year, and her niece -described to me how the act of mutilation in her case had been -accomplished. The day I left Lake Mantumba five men whose hands had been -cut off came to the village of T* across the lake to see me, but hearing -that I had already gone away they returned to their homes. A messenger -came in to tell me, and I sent to T* to find them, but they had then -dispersed. Three of them subsequently returned, but too late for me to -see them. These were some of those, I presume, to whom the official had -referred, for they came from the country in the vicinity of P* station. -Statements of this character, made both by the two mutilated persons I -saw and by others who had witnessed this form of mutilation in the past, -are appended (Inclosure 4).[16] - -The taxes levied on the people of the district being returnable each -week or fortnight, it follows that they cannot leave their homes. At -some of the villages I visited near the end of Lake Mantumba the fish -supplies have to be delivered weekly to the military camp at Irebu, or -when the water is high in the lake and fish harder to catch, every ten -days. The distance from Irebu of one of these towns could not have been -less than 45 miles. To go and come between their homes and the camp -involved to the people of this town 90 miles of canoe paddling, and with -the lake stormy and its waters rough--as is often the case--the double -journey would take at least four days. This consumption of time must be -added to that spent in the catching of the fish, and as the punishment -for any falling off in quantity or delay in delivery is not a light one, -the Chief responsible for the tax stoutly opposes any one quitting the -town. Some proof of this incidentally arose during my stay, and -threatened to delay my journey. Being short-handed I sought, when at -Ikoko, to engage six or seven young men of the town as woodcutters to -travel on board the steamer. I proposed to engage them for two or three -months, and offered good wages, much more than by any local service they -could hope to earn. More men offered than I needed, and I selected six. -The State Chief of the village hearing of this at once came to me to -protest against any of his people leaving the town, and said that he -would have all the youths I had engaged tied up and sent over to the -Government official at Bikoro. There were at the time three soldiers -armed with Albini rifles quartered at Ikoko, and the Chief sent for them -to arrest my would-be crew. The Chief’s argument, too, was perfectly -logical. He said, “I am responsible each week for 600 rations of fish -which must be delivered at Bikoro. If it fails I am held responsible and -will be punished. I have been flogged more than once for a failure in -the fish supply, and will not run any risks. If these men go I shall be -short-handed, therefore they must stay to help in getting the weekly -tax.” I was forced to admit the justice of this argument, and we finally -arrived at a compromise. I promised the Chief that, in addition to -paying wages to the men I took, a sum representing the value to him of -their labour should be left at Ikoko, so that he might hire extra hands -to get the full quantity of fish required of him. S I admitted that he -had been forced to flog men from villages which failed in their weekly -supplies, but that he had for some months discontinued this course. He -said that now he put defaulters into prison instead. If a village which -was held to supply, say, 200 rations of fish each week brought only 180 -rations, he accepted no excuse, but put two men in “block.” If thirty -rations were wanting he detained three of the men, and so on--a man for -each ten rations. These people would remain prisoners, and would have to -work at Bikoro, or possibly would be sent to Coquilhatville, the -administrative head-quarters of the Equator district, until the full -imposition came in. - -I subsequently found when in the neighbourhood of Coquilhatville that -summary arrest and imprisonment of this kind for failure to complete the -tale of local imposition is of constant occurrence. The men thus -arrested are kept often in the “chain gang” along with other prisoners, -and are put to the usual class of penitential work. They are not brought -before or tried by any Court or sentenced to any fixed term of -imprisonment, but are merely detained until some sort of satisfaction is -obtained, and while under detention are kept at hard work. - -Indeed, I could not find that a failure to meet the weekly tax is -punishable by law and no law was cited to me as a warrant for this -summary imprisonment, but if such a law exists it is to be presumed that -it does not treat the weekly taxpayers’ failure as a grave criminal -offence. The men taken are frequently not those in fault; the -requisitioning authority cannot discriminate. He is forced to insure -compliance with the demands imposed on each village, and the first men -to hand from the offending community of necessity have to pay in the -chain-gang the general failure and possibly the individual fault of -others. Men taken in this way are sometimes not seen again in their own -homes. They are either taken to distant Government stations as workmen, -or are drafted as soldiers into the Force Publique. The names of many -men thus taken from the Mantumba district were given to me, and in some -cases their relatives had heard of their death in distant parts of the -country. This practice was, I believe, more general in the past, but -that it still exists to-day, and on an extensive scale, I had several -instances of observing in widely separated districts. The officials -effecting these arrests do not seem to have any other course open to -them, unless it be a resort to military punitive measures or to -individual corporal punishment; while the natives assert that, as the -taxes are unequally distributed, and their own numbers constantly -decreasing, the strain upon them each week often becomes unbearable, and -some of their number will shirk the constantly recurring unwelcome task. -Should this shirking become general instead of being confined to -individuals, punitive measures are undertaken against the refractory -community. Where these do not end in fighting, loss of life and -destruction of native property, they entail very heavy fines which are -levied on the defaulting village. An expedition of the minor kind -occurred some five months before my presence in Lake Mantumba. The -village in fault was that of R*, the one where when I sought to visit it -no people would remain to face me. This village was said to have been -some three weeks in arrears with the fish it was required to supply to -the camp at Irebu. An armed force occupied it, commanded by an officer, -and captured ten men and eight canoes. These canoes and the prisoners -were conveyed by water to Irebu, the main force marching back by land. - -My informant, who dwelt in a village near R*, which I was then visiting, -said he saw the prisoners being taken back to Irebu under guard of six -black soldiers, tied up with native rope so tightly that they were -calling aloud with pain. The force halted the night in his town. These -people were detained at Irebu for ten days until the people of R* had -brought in a supply of fish and had paid a fine. Upon their release two -of these men died, one close to Irebu and the other within sight of the -village I was in, and two more, my informant added, died soon after -their return to R*. A man, who saw them, said the prisoners were ill and -bore the marks on wrists and legs of the thongs used in tying them. Of -the canoes captured only the old ones were returned to R*, the better -ones being confiscated. - -The native relating this incident added that he thought it stupid of the -white men to take both men and canoes away from a small place like R* as -a punishment for a shortage in its fish supply. “The men were wanted to -catch fish and so were the canoes,” he said, “and to take both away only -made it harder for the people of R* to perform their task.” I went to R* -in the hope of being able to verify the truth of this and other -statements made to me as to the hardships recently inflicted on its -people by reason of their disobedience, but owing to their timidity, to -whatever cause this might have been due, it was impossible for me to get -into touch with any of them. That a very close watch is kept on the -people of the district and their movements is undoubted. In the past -they escaped in large numbers to the French territory, but many were -prevented by force from doing this, and numbers were shot in the -attempt. - -To-day the Congolese authorities discourage intercourse of this kind, -not by the same severe measures as formerly, but probably none the less -effectively. By a letter dated the 2nd July, 1902, the present -Commandant of the camp of Irebu wrote as follows to the Rev. E. V. -Sjoblom, a Swedish Missionary (since dead), who was then in charge of -the Mission at Ikoko: - - “Je vous serais bien obligé de ne pas permettre à vos jeunes gens - de se rendre sur la rive Française et vendre aux indigènes Français - qui ont fui notre rive, des vivres, produits du travail de nos - indigènes, que eux-mêmes n’ont pas fui et ne se sont pas soustraits - au travail que nous leur avons imposé.” - -From Lake Mantumba I proceeded to the immediate neighbourhood of -Coquilhatville, where five days were spent, chiefly at native -communities which stretch for some distance along the east bank of the -Congo. These villages formerly extended for 15 miles, and were then -filled with a numerous population. To-day they are broken up into -isolated settlements, each much reduced in numbers, and with (in most -cases) the houses badly constructed. There were no goats or sheep to be -seen, whereas formerly these were very plentiful, and food for the crew -was only obtained with difficulty. In the village of V*, which I twice -visited, the usual tax of food-stuff, with firing for the steamers, had -to be supplied to Coquilhatville, which is distant only some 6 miles. A -Government sentry was quartered here, who, along with one of the Chiefs -of the town, spoke fully of the condition of the people. The sentry -himself came from the Upper Bussira River, some hundreds of miles -distant. This was, he said, his third period of service with the Force -Publique. As his reason for remaining so long in this service he -asserted that, as his own village and country were subjected to much -trouble in connection with the rubber tax, he could not live in his own -home, and preferred, he said, laughing, “to be with the hunters rather -than with the hunted.” Both a Chief V* and this sentry represented the -food taxes levied on this village as difficult for the people to -collect, and only inadequately remunerated. There would appear in all -these statements a contradiction in terms. The contributions required of -the natives are continually spoken of as a “tax,” and are as continually -referred to as being “paid for” or “remunerated.” It is obvious that -taxes are neither bought nor sold, but the contradiction is only one of -terms. The fact is that the weekly or fortnightly contributions -everywhere required of the native communities I visited are levied as -taxes, or “prestations annuelles,” by authority of a Royal Decree of the -Sovereign of the Congo State. The Decrees authorizing the levy of these -taxes are dated the 6th October, 1891 (Article 4), that of the 5th -December, 1892, and (for the district of Manyeuma) that of the 28th -November, 1893. There is a further Decree, dated the 30th April, 1897, -requiring the establishment and up-keep by native Chiefs of coffee and -cocoa plantations. I nowhere saw or heard of such plantations existing -as institutions maintained by the natives themselves. There are -plantations of both existing, but these are the property of either the -Government itself or of some European agency acting with its sanction -and partly in its interests, on lands declared as public lands. With -regard to the two first Decrees establishing a system of taxation, -provision was made for the investiture of a native Chief recognized by -the local Government authority, who should give to this Chief a copy of -the _procès-verbal_, as registered in the public archives, and a medal -or other symbol of office. With this investiture a list was ordered to -be drawn up, indicating the name of the village, its exact situation, -the names of the Headmen, the number of its houses, and the actual -number of the population--men, women, and children. The Decree then goes -on to provide for the manner in which the “prestations annuelles” -imposed on each village were to be assessed. A list of the products to -be furnished by each village--such as maize, sorghum, palm oil, -ground-nuts, &c., corvées of workmen or soldiers--was to be drawn up by -the Commissaire of the district. It was provided that this list should -also indicate the lands which were to be cleared and cultivated under -the direction of the Chiefs, the nature of such cultivation put in hand, -and “all other works of public utility which might be prescribed in the -interest of public health, the exploitation or improvement of the soil, -or otherwise.” These lists had first of all to be submitted for his -approval to the Governor-General. I could not find that, save in respect -of the strict enforcement of the contributions, this law was generally -or rigorously observed. In many villages where I asked for it no copy of -any _procès-verbal_ could be produced, and in several cases no act of -investiture of the local Chief seemed to have ever taken place. -Plantations, such as those outlined in the Decree which made provision -for them, nowhere exist in any part of the country I traversed. The -enumeration of the houses and people had in some instances been made, I -was informed, but it was many years ago; and as the population had since -greatly declined, this enumeration could not to-day always serve as an -accurate basis on which to reckon the extent of the existing -contribution. - -At the village of A*, which I visited twice during my stay in the -neighbourhood, A furnished me with particulars as to his own public -obligations. His portion of A* had formerly been extensive, and at the -date when an enumeration was made contained many people. To-day it has -only six adult householders, including himself, inhabiting now eleven -huts in all, with their wives and children--a total population of -twenty-seven persons. My attention was first drawn to him and his -village by my meeting with a young boy--a lad of 7 years old, I should -judge--whom I found in the village of U* as the recently acquired -property of B. B told me he had bought the boy, C, from A for 1,000 rods -(50 fr.). A, he said, having to meet a fine imposed by the -Commissaire-Général for shortage in some of the weeks’ supplies, and -being 1,000 rods short of the amount required, had pawned his nephew C -to him for that sum. This had taken place on the [blank space in text], -and my interview with B and the boy took place on the [blank space in -text]. The next day I walked to A*, which lies within a few miles of -Coquilhatville, and saw A and his town and people. There were then -exactly eight men in the town, including himself; but as two have since -been detained as prisoners at Coquilhatville for deficiencies in the -weekly supplies, there were, when I last saw A* in September, only six -adult males there. The weekly imposition levied on A’s part of A* was-- - - Kwanga 150 rations (about 700 lbs. weight of food). - Fish 95 rations. - Palm thatching mats 900 - Firewood, for steamer fuel 2 canoe loads. - -Also each week one large fresh fish or, in lieu thereof, two fowls for -the European table at Coquilhatville. In addition, the men had to help -in hunting game in the woods for the European station staff. - -The payments made each week for these supplies (when they were -completely delivered) were:-- - - Fr. c. - Kwanga, 150 rods 7 50 - Fish, 95 rods 4 75 - Palm mats, 180 rods 9 0 - 2 canoe loads firewood, 1 rod 0 5 - ------ - 21 30 - -Payments for firewood were made by a paper receipt to be redeemed -annually, but A told me he had refused to accept the annual payment of -50 rods (2 fr. 50 c.) for 104 canoe loads of wood delivered during the -twelve months. To obtain these supplies A had frequently to purchase -both fish and palm mats. The fish, as a rule, cost from 10 to 20 rods -per ration, and the market price of thatching mats is 1 rod each; while -the kwanga, which the Government paid 1 rod for, fetched just 5 rods -each in the open market. The value of A’s weekly contribution was, -according to current prices, as follows:-- - - ----------------------------------------+---------+----------------- - | Rods. | Value. - +---------+---------- - | | Fr. c. - 150 rations, kwanga, each 5 rods | 750 | 37 50 - 95 “ fish, each 10 rods | 950 | 47 50 - 900 palm mats, each 1 rod | 900 | 45 0 - 2 canoe loads firewood, each 20 rods | 40 | 2 0 - +---------+---------- - Total | | 132 0 - ----------------------------------------+---------+----------------- - -Thus, taking no account of the fresh fish or fowls, A’s small township -of eight households lost 110 fr. 70 c. per week. At the year’s end, -while they had contributed 6,864 fr. worth of food and material to the -local Government station, they had received as recompense 1,107 fr. 60 -c. A, personally, had a larger share of the tax to meet than any of the -others, and I found that the value of his personal contribution reached -80_l._ 3_s._ 4_d._ per annum by local prices, while he received in -settlement 9_l._ 15_s._ in Government payments. He therefore contributed -on his household of two wives, his mother, and dependents, inhabiting -three grass and cane huts, an amount equal to 70_l._ 8_s._ 4_d._ per -annum net. - -These figures, I found on inquiry, were confirmed as correct by those -who were acquainted with the local conditions. A stated that his elder -brother, D, was in reality Chief of the township, but that some eight -months previously D had been arrested for a deficiency in the fish and -kwanga supplies. The Commissaire had then imposed a fine of 5,000 rods -(250 fr.) on the town, which A, with the assistance of a neighbouring -Chief named C, had paid. D was not thereupon at once released, and soon -afterwards escaped from the prison at Coquilhatville, and remained in -hiding in the forest. Soldiers came from the Government station and tied -up eight women in the town. A and all the men ran away upon their -coming, but he himself returned in the morning. The Commissaire-Général -visited A*, and told A that as D had run away he (A) was now the -recognized Chief of the town. He was then ordered to find his fugitive -brother, whose whereabouts he did not know, and a town in the -neighbourhood name E, suspected of harbouring him, was fined 5,000 rods. -Since that date, although D had returned to A* to reside, A had been -held, against his will, as responsible Chief of the town. He was a young -man of about 23 or 24 years of age I should say. He had repeatedly, he -stated, begged to be relieved of the honour thrust upon him, but in -vain. His brother, D, had recently been put again in prison at -Coquilhatville in connection with the loss of two cap-guns furnished him -when Chief in order to procure game for the local white men’s table. The -present impositions laid on A* were, A asserted, much more than it was -possible for him to meet. He had repeatedly appealed to the -Commissaire-Général and other officers at Coquilhatville, including the -law officer, begging them to visit his town and see for themselves--as I -might see--that he was speaking the truth. But, so far, no one would -listen to him, and he had been always rebuffed. On the last occasion of -his making this appeal, only three days before I saw him, he had been -threatened with prompt imprisonment if he failed in his supplies, and he -said he now saw no course before him but flight or imprisonment. He -could not run away, he said, and leave his mother and dependents; -besides, he would be surely found, and, in any case, whatever town -harboured him would be fined as E had been. - -On a certain Sunday, when he had gone in with the usual weekly supplies, -which are returnable on Sundays, he had been short of eight rations of -fish and ten rations of kwanga and 330 palm mats, representing a value -of 84 rods (4 fr. 20 c.), as estimated on the scale of Government -payments. On the same date the other and larger portion of A* town was -also short of its tale of supplies, and a fine of 5,000 brass rods (250 -fr.) was imposed upon the collective village. A’s share of this fine -was fixed by the natives among themselves at 2,000 rods, of which 1,000 -rods were to be his own personal contribution. Having himself now no -money and no other means of obtaining it, he had pledged--with the -consent of the father--his little nephew, D’s son, whom I had seen with -B. In making inquiry, A’s story received much confirmation. He was, at -any rate, known as a man of very good character, and everything pointed -to his statement being true. On my return down river, I again saw A, who -came after nightfall to see me, in the hope that I might perhaps be able -to help him. He said that, since I had left a month previously, two of -the boys of his town had been detained at Coquilhatville as prisoners -when taking the rations on two successive weeks, owing to a deficiency -on each occasion of 18 rods in value (90 cents.), and that these two -boys--whose names he gave me--were still in prison. He had been that -very day, he said, to beg that they might be released, but had failed, -and there were now only five adult males in his village, including -himself. - -While in Coquilhatville on this mission, he declared that he had seen -eleven men brought in from villages in the neighbourhood, who were put -in prison before him--all of them on account of a shortage in the -officially fixed scale of supplies required from their districts. I -offered to take him away with me in order to lay his case before the -judicial authorities elsewhere, but he refused to leave his mother. That -A’s statements were not so untrustworthy as on the face they might seem -to be, was proved a few days later by a comparison of his case with that -of another village I visited. This was a town named W*, lying some three -miles inland in a swampy forest situated near the mouth of the X* River. -On quitting Coquilhatville, I proceeded to the mouth of this river, -which enters the Congo some forty-five miles above that station, and I -remained two days in that neighbourhood. Learning that the people of the -immediate neighbourhood had recently been heavily fined for failure in -their food supplies, which have to be delivered weekly at that station, -and that these fines had fallen with especial severity on W*, I decided -to visit that town. - -It was on the 21st August that I visited W*, where I found that the -statements made to me were borne out by my personal observation. The -town consisted of a long single street of native huts lying in the midst -of a clearing in the forest. In traversing it from end to end I -estimated the number of its people at about 600 all told. - -At the upper end of the town a number of men and women assembled, and -some came forward, when they made a lengthy statement to the following -effect. From this upper end of the town wherein I was 100 rations of -kwanga had to be supplied weekly, and thirty fowls at a longer interval. -These latter were for the use of Coquilhatville, while the kwanga was -very largely for the use of the wood-cutters at the nearest Government -wood-cutting post on the main river. The usual prices for these -articles, viz., for the kwanga, 1 rod each, and for the fowls 20 rods -were paid. The people also had to take each week 10 fathoms of firewood -to the local wood-post, for which they often got no payment, and their -women were required twice a week to work at the Government coffee -plantation which extends around the wood-post. - -I saw some bundles of firewood being got ready for carriage to this -place. They were large and very heavy, weighing, I should say, from 70 -to 80 lb. each. Some months earlier, at the beginning of the year, -owing, as they said, to their failure to send in the fowls to -Coquilhatville, an armed expedition of some thirty soldiers, commanded -by a European officer, had come thence and occupied their town. At first -they had fled into the forest, but were persuaded to come in. On -returning, many of them--the principal men--- were at once tied up to -trees. The officer informed them that as they had failed in their duty -they must be punished. He required first that twenty-five men should be -furnished as workmen for Government service. These men were taken away -to serve the Government as labourers, and those addressing me did not -know where these men now were. They gave eighteen names of men so taken, -and said that the remaining seven came from the lower end of the town -through which I had passed on entering, where the relatives themselves -could give me particulars if I wished. The twenty-five men had not since -been seen in W*, nor had any one there cognizance of their whereabouts. -The officer had then imposed as further punishment a fine of 55,000 -brass rods (2,750 fr.)--110_l._ This sum they had been forced to pay, -and as they had no other means of raising so large a sum they had, many -of them, been compelled to sell their children and their wives. I saw no -live-stock of any kind in W* save a very few fowls--possibly under a -dozen--and it seemed, indeed, not unlikely that, as these people -asserted, they had great difficulty in always getting their supplies -ready. A father and mother stepped out and said that they had been -forced to sell their son, a little boy called F, for 1,000 rods to meet -their share of the fine. A widow came and declared that she had been -forced, in order to meet her share of the fine, to sell her daughter G, -a little girl whom I judged from her description to be about 10 years of -age. She had been sold to a man in Y*, who was named, for 1,000 rods, -which had then gone to make up the fine. - -A man named H stated that while the town was occupied by the soldiers, a -woman who belonged to his household, named I, had been shot dead by one -of the soldiers. Her husband, a man named K, stepped forward and -confirmed the statement. They both declared that the woman had quitted -her husband’s house to obey a call of Nature, and that one of the -soldiers, thinking she was going to run away, had shot her through the -head. The soldier was put under arrest by the officer, and they said -they saw him taken away a prisoner when the force was withdrawn from -their town, but they knew nothing more than this. They did not know if -he had been tried or punished. No one of them had ever been summoned to -appear, no question had been addressed to them, and neither had the -husband nor the head of I’s household received any compensation for her -death. Another woman named L, the wife of a man named M, had been taken -away by the native sergeant who was with the soldiers. He had admired -her, and so took her back with him to Coquilhatville. Her husband heard -she had died there of small-pox, but he did not know anything certain of -her circumstances after she had been taken away from W*. A man named N -said he had sold his wife O to a man in Y* for 900 rods to meet his -share of the fine. - -It was impossible for me to verify these statements, or to do much -beyond noting down, as carefully as possible, the various declarations -made. I found, however, on returning to Y*, that the statements made -with regard to the little boy F and the girl G were true. These children -were both in the neighbourhood, and owing to my intervention F was -restored to his parents. The girl G, I was told, had again changed -hands, and was promised in sale to a town on the north bank of the -Congo, named Iberi, whose people are said to be still open cannibals. -Through the hands of the local missionary this transfer was prevented, -and I paid the 1,000 rods to her original purchaser, and left G to be -restored to her mother from the Mission. I saw her there on the 9th -September, after she had been recovered through this missionary’s -efforts, while about to be sent to her parent. - -With regard to the quantity of food supplies levied upon W*, I did not -obtain the total amount required of the entire community, but only that -which the upper end of the town furnished. The day of my visit happened -to be just that when the kwanga, due at the local wood-post, was being -prepared for delivery on the morrow. I saw many of the people getting -their shares ready. Each share of kwanga, for which a payment of 1 rod -is made by the Government, consisted of five rolls of this food tied -together. One of these bundles of five rolls I sought to buy, offering -the man carrying it 10 rods--or ten times what he was about to receive -for it from the local Government post. He refused my offer, saying that, -although he would like the 10 rods, he dare not be a bundle of his -ration short. One of these bundles was weighed and found to weigh over -15 lb. This may have been an extraordinarily large bundle, although I -saw many others which appeared to be of the same size. I think it would -be safe to assume that the average of each ration of kwanga required -from this town was not less than 12 lb. weight of cooked and carefully -prepared food--a not ungenerous offering for 1/2_d._ By this computation -the portion of W* I visited sends in weekly 1,200 lb. weight of food at -a remuneration of some 5 fr. Cooked bread-stuffs supplied at 9 or 10 fr. -per ton represent, it must be admitted, a phenomenally cheap loaf. At -the same time with this kwanga, being prepared for the Government use, I -saw others being made up for general public consumption. I bought some -of these, which were going to the local market, at their current market -value, viz., 1 rod each. On weighing them I found they gave an average -of 1 lb. each. The weight of food-stuffs required by the Government from -this town would seem to have exceeded in weight twelve times that made -up for public consumption. - -Whilst I was in Y* a fresh fine of 20,000 rods (1,000 fr.) was in course -of collection among the various households along the river bank. This -fine had been quite recently imposed by direction of ---- for a further -failure on the part of the Y* towns in the supply of food-stuffs from -that neighbourhood. I saw at several houses piles of brass rods being -collected to meet it, and in front of one of these houses I counted -2,700 rods which had been brought together by the various dependents of -that family; 6,000 rods of this further fine was, I was told, to be -paid by W*, which had not then recovered from its previous much larger -contribution. The W* men begged me to intervene, if I could at all help -them to escape this further imposition. One of them--a strong, indeed a -splendid-looking man--broke down and wept, saying that their lives were -useless to them, and that they knew of no means of escape from the -troubles which were gathering around them. I could only assure these -people that their obvious course to obtain relief was by appeal to their -own constituted authorities, and that if their circumstances were -clearly understood by those responsible for these fines, I trusted and -believed some satisfaction would be forthcoming. - -These fines, it should be borne in mind, are illegally imposed: they are -not “fines of Court”; are not pronounced after any judicial hearing, or -for any proved offence against the law, but are quite arbitrarily levied -according to the whim or ill-will of the executive officers of the -district, and their collection, as well as their imposition, involves -continuous breaches of the Congolese laws. They do not, moreover, figure -in the account of public revenues in the Congo “Budgets;” they are not -paid into the public purse of the country, but are spent on the needs of -the station or military camp of the officer imposing them, just as seems -good to this official. - -I can nowhere learn upon what legal basis, if any, the punishments -inflicted upon native communities or individuals for failure to comply -with the various forms of “prestations” rest. - -These punishments are well-nigh universal and take many shapes, from -punitive expeditions carried out on a large scale to such simpler forms -of fine and imprisonment as that lately inflicted on U*. - -I cannot find in the Penal Code of the Congo Statute Book that a failure -to meet or a non-compliance with any form of prestation or _impôt_ is -anywhere defined as a crime; and so far as I can see no legal sanction -could be cited for any one of the punishments so often inflicted upon -native communities for this failure. - -By a Royal Decree of the 11th August, 1886, provision was made for the -punishments to be inflicted for infractions of the law not punishable by -special penalties. - -Since no special penalty in law would seem to have been provided for -cases of failure or refusal to comply with the demands of the -tax-gatherer, it would seem to be in the terms of this Decree that the -necessary legal sanctions could alone lie. - -But this Decree provides for all otherwise unspecified offences far -other punishments, and far other modes of inflicting them than so many -of those which came to my notice during my brief journey. - -Article 1 of this Decree provides that:-- - - “Les contraventions aux décrets, ordonnances, arrêtes, règlements - d’administration intérieure et de police, à l’égard desquelles la - loi ne détermine pas de peines particulières, seront punies d’un à - sept jours de servitude pénale et d’une amende n’excédant pas 200 - fr., ou d’une de ces peines seulement.” - -Article 2 requires that:-- - - “Ces peines seront appliquées par les Tribunaux de l’État - conformément aux lois en vigueur.” - -It would be manifestly impossible to say that either in form or mode of -procedure this law had been applied to the failure of the community at -W* to meet the demands made upon them. - -Neither the summary arrest and taking away from their homes of the men -whose names were given to me nor the imposition of the very heavy fine -of brass rods find any warrant in this page of the Congo Statute Book. - -If a legal warrant exists for the action of the authorities in this -case--as in the numerous other cases brought to my notice--that action -would still call for much adverse comment. - -The amount of the fine levied on W* was not only out of all proportion -to the gravity of the offence committed, but was of so crushing a -character as to preclude the possibility of its being acquitted by any -reasonable or legitimate means that community disposed of. - -Among the earliest enactments of civilized administrations, recognition -has invariably been given to the pronouncement that no fine or -imposition, or exaction, shall exceed the powers of the person on whom -it is imposed to meet it. - -But if, as I venture to presume, no Congolese law or judicial -pronouncement exists, or could exist, for the levying, in this manner, -of these fines, very explicit Regulations for the treatment of the -natives on general lines and their right to judicial protection do -exist. - -In the “texte coordonné des diverses instructions relatives aux rapports -des Agents de l’État avec les indigènes,” which are to be found in the -“Bulletin Officiel” of 1896 (p. 255), these Regulations are published at -length and would seem, textually, to leave little room for criticism. - -Were their application enforced it is abundantly clear that a situation -such as that I found in existence at W* could not arise, and much of the -general unhappiness and distress of the natives I witnessed on all sides -would disappear along with the fines and much also of the “prestations,” -within the first month of the translation into action of these -Regulations. - -One paragraph only need here be cited to emphasize the bearing and -import of these remarks:-- - - “Les agents doivent se souvenir que les peines disciplinaires - prévues par le règlement de discipline militaire ne sont - applicables qu’aux recrutés militaires, uniquement pour des - infractions contre la discipline, et dans les conditions - spécialement prévues par le dit règlement. - - “Elles ne sont applicables, sous aucune prétexte, aux serviteurs de - l’État non militaire ni aux indigènes, que ceux-ci soient ou non en - rébellion vis-à-vis de l’Etat. - - “Ceux d’entre eux qui sont prévenus de délits ou crimes doivent - être déférés aux Tribunaux compétents et jugés conformément aux - lois.” - -At neither W* nor Y* is any rubber worked. With my arrival in the -Lulongo River, I was entering one of the most productive rubber -districts of the Congo State, where the industry is said to be in a very -flourishing condition. The Lulongo is formed by two great feeders--the -Lopori and Maringa Rivers--which, after each a course of some 350 miles -through a rich, forested country, well peopled by a tribe named Mongos, -unite at Bassankusu, some 120 miles above where the Lulongo enters the -Congo. The basins of these two rivers form the Concession known as the -A.B.I.R., which has numerous stations, and a staff of fifty-eight -Europeans engaged in exploiting the india-rubber industry, with -head-quarters at Bassankusu. Two steamers belonging to the A.B.I.R. -Company navigate the waterways of the Concession, taking up European -goods and bringing down to Bassankusu the india-rubber, which is there -transhipped on board a Government steamer which plies for this purpose -between Coquilhatville and Bassankusu, a distance of probably 160 miles. -The transport of all goods and agents of the A. B. I. R. Company, -immediately these quit the Concession, is carried on exclusively by the -steamers of the Congo Government, the freight and passage-money obtained -being reckoned as part of the public revenue. I have no actual figures -giving the annual output of india-rubber from the A.B.I.R. Concession, -but it is unquestionably large, and may, in the case of a prosperous -year, reach from 600 to 800 tons. The quality of the A.B.I.R. rubber is -excellent, and it commands generally a high price on the European -market, so that the value of its annual yield may probably be estimated -at not less than 150,000_l._ The merchandise used by the Company -consists of the usual class of Central African barter goods--cotton -cloths of different quality, Sheffield cutlery, matchets, beads, and -salt. The latter is keenly sought by the natives of all the interior of -Africa. There is also a considerable import by the A.B.I.R. Company, I -believe, of cap-guns, which are chiefly used in arming the -sentinels--termed “forest guards”--who, in considerable numbers, are -quartered on the native villages throughout the Concession to see that -the picked men of each town bring in, with regularity, the fixed -quantity of pure rubber required of them every fortnight. I have no -means of ascertaining the number of this class of armed men employed by -the A.B.I.R. Company, but I saw many of them when up the Lopori River, -and the gun of one of these sentries--himself an Ngombe savage--had -branded on the stock “Depôt 2210.” In addition to its numerous forest -guards, armed with cap-guns, which, at close quarters, can be a very -effective weapon, the A. B. I. R. Company has a fairly strong armament -of rifles. These are limited to twenty-five rifles for the use of each -factory. The two steamers, I believe, have also a similar armament. - -The Secteur of Bongandanga, which was the only district of the A.B.I.R. -Concession I visited, has three “factories,” so that the number of -rifles permitted in that one district would be seventy-five. I do not -know if any limits or what limits are imposed on the number of -cartridges which are permitted for the defence of these factories. One -of the largest Congo Concession Companies had, when I was on the Upper -River, addressed a request to its Directors in Europe for a further -supply of ball-cartridge. The Directors had met this demand by asking -what had become of the 72,000 cartridges shipped some three years ago, -to which a reply was sent to the effect that these had all been used in -the production of india-rubber. I did not see this correspondence, and -cannot vouch for the truth of the statement; but the officer who -informed me that it had passed before his own eyes was one of the -highest standing in the interior. - -When at Stanley Pool in June I had seen in one of the Government stores -at Léopoldville a number of cases of rifles marked A. B. I. R. awaiting -transport up river in one of the Government vessels; and upon my return -to that neighbourhood, I was told by a local functionary that 200 rifles -had, in July, been so shipped for the needs of the Lomami Company. - -The right of the various Concession Companies operating within the Congo -State to employ armed men--whether these bear rifles or cap-guns--is -regulated by Government enactments, which confer on these commercial -Societies what are termed officially “rights of police” (“droits de -police”). A Circular of the Governor-General dealing with this question, -dated the 20th October, 1900, points out the limits within which this -right may be exercised. Prior to the issue of this Circular (copy of -which is attached--Inclosure 5),[17] the various Concession Companies -would appear to have engaged in military operations on a somewhat -extensive scale, and to have made war upon the natives on their own -account. The Regulations this Circular provides, to insure the licensing -of all arms, rifles, and cap-guns, do not seem to be strictly observed, -for in several cases the sentries or forest guards I encountered on my -journey up the Lulongo had no licence (Modèle C) of the kind required by -the Circular; and in two cases I found them provided with arms of -precision. That the extensive use of armed men in the pay of the -so-called Trading Societies, or in the service of the Government, as a -means to enforce the compliance with demands for india-rubber, had been -very general up to a recent date, is not denied by any one I met on the -Upper Congo. - -In a conversation with a gentleman of experience on this question, our -remarks turned upon the condition of the natives. He produced a disused -diary, and in it, I found and copied the following entry:-- - - M. P. called on us to get out of the rain, and in conversation with - M. Q. in presence of myself and R., said: ‘The only way to get - rubber is to fight for it. The natives are paid 35 centimes per - kilog., it is claimed, but that includes a large profit on the - cloth; the amount of rubber is controlled by the number of guns, - and not the number of bales of cloth. The S. A. B. on the Bussira, - with 150 guns, get only 10 tons (rubber) a-month; we, the State, at - Momboyo, with 130 guns, get 13 tons per month.’ ‘So you count by - guns?’ I asked him. ‘Partout,’ M. P. said, ‘Each time the corporal - goes out to get rubber cartridges are given to him. He must bring - back all not used; and for every one used, he must bring back a - right hand.’ M. P. told me that sometimes they shot a cartridge at - an animal in hunting; they then cut off a hand from a living man. - As to the extent to which this is carried on, he informed me that - in six months they, the State, on the Momboyo River, had used 6,000 - cartridges, which means that 6,000 people are killed or mutilated. - It means more than 6,000, for the people have told me repeatedly - that the soldiers kill children with the butt of their guns. - -In conversation upon this entry, I was told that the M. P. referred to -was an officer in the Government service, who, at the date in question, -had come down from the Momboyo River (a tributary of the great Ruki -River, and forming a part, I believe, of the “Domaine de la Couronne”) -invalided, on his way home. He had come down in very bad health. He -stated then that he was going home, not to return to the Congo, but he -died, only a little way further down the river, very soon afterwards. - -The same gentleman stated that he had reported this conversation orally -at Boma, as instancing the methods of exaction then in force. It is -probable that the issue of the circular quoted was not unconnected with -these remarks. - -The region drained by the Lulongo being of great fertility has, in the -past, maintained a large population. In the days prior to the -establishment of civilized rule in the interior of Africa, this river -offered a constant source of supply to the slave markets of the Upper -Congo. The towns around the lower Lulongo River raided the interior -tribes, whose prolific humanity provided not only servitors, but human -meat for those stronger than themselves. Cannibalism had gone hand in -hand with slave raiding, and it was no uncommon spectacle to see gangs -of human beings being conveyed for exposure and sale in the local -markets. I had in the past, when travelling on the Lulongo River, more -than once viewed such a scene. On one occasion a woman was killed in the -village I was passing through, and her head and other portions of her -were brought and offered for sale to some of the crew of the steamer I -was on. Sights of this description are to-day impossible in any part of -the country I traversed, and the full credit for their suppression must -be given to the authorities of the Congo Government. It is, perhaps, to -be regretted that in its efforts to suppress such barbarous practices -the Congo Government should have had to rely upon, often, very savage -agencies wherewith to combat savagery. The troops employed in punitive -measures were--and often are--themselves savages, only removed by -outward garb from those they are sent to punish. Moreover, the measures -employed to obtain recruits for the public service were themselves often -but little removed from the malpractices that service was designed to -suppress. The following copy of an order for Government workmen drawn up -by a former Commissaire of the Equator District, and having reference to -the Maringa affluent of the Lulongo River indicates that the Congo -Government itself did not hesitate some years ago to purchase slaves -(required as soldiers or workmen), who could only be obtained for sale -by the most deplorable means:-- - - “Le Chef Ngulu de Wangata est envoyé dans la Maringa, pour m’y - acheter des esclaves. Prière à M.M. les agents de l’A.B.I.R. de - bien vouloir me signaler les méfaits que celui-ci pourrait - commettre en route. - -“Le Capitaine-Commandant, -(Signé) “SARRAZZYN.” - - “_Colquilhatville, le 1er Mai, 1896._” - - - -This document was shown to me during the course of my journey. The -officer who issued this direction was, I was informed, for a -considerable period chief executive authority of the district; and I -heard him frequently spoken of by the natives who referred to him by the -sobriquet he had earned in the district, “Widjima,” or “Darkness.” - -The course of the Lulongo River below Bassakanusu to its junction with -the Congo lies outside the limits of the A.B.I.R. Concession, and the -region is, I believe, regarded as one of the free-trading districts -wherein no exclusive right to the products of the soil is recognized. -The only trading-house in this district is one termed the La Lulanga, -which has three depôts, or factories, along the river bank, the -principal of which is at Mampoko. This Company has a small steamer in -which its native produce is collected, but the general transport of all -its goods, as in the case of the Concession Societies, is performed by -Government craft. The La Lulanga does not, I understand, enjoy the -rights of police as defined by the Governor-General’s Circular of the -20th October, 1900, but it employs a considerable number of armed men -equally termed “forest guards.” These men are quartered throughout the -lower course of the Lulongo River, and I found that, as with the -A.B.I.R., the sole duty they performed was to compel by force the -collection of india-rubber or the supplies which each factory needed. As -the district in which the La Lulanga Society carries on these operations -is one that had already been subjected to still more comprehensive -handling by two of the large Concession Companies, who only abandoned it -when, as one of their agents informed me, it was nearly exhausted, the -stock of rubber vines in it to-day is drawing to an end, and it is only -with great difficulty that the natives are able to produce the quantity -sufficient to satisfy their local masters. In the course of my dealings -with the natives I found that several of the sentries of this Company -had quite recently committed gross offences which, until my arrival, -appeared to have gone undetected--certainly unpunished. Murder and -mutilation were charged against several of them by name by the natives -of certain townships close to the head-quarters of this Company, who -sought me in the hope that I might help them. These people in several -cases said that they had not complained elsewhere because they had felt -that it was useless. As long as the rubber tax imposed upon them endured -in its present compulsory form with the sanction of the authorities, -they said it was idle to draw attention to acts which were but -incidental to its collection. The La Lulanga Company, not any more than -the A.B.I.R., would seem to have a legal right to levy taxes, but the -fact remains that from the natives who supply these two trading -Companies with all that they export as well as with their local supplies -of food and material, the Congo Government itself requires no -contribution to the public revenue. These people, therefore, must be -either legally exempted from supporting the Government of their country, -or else a portion of the contributions they make to the A.B.I.R. and -Lulanga Companies must be claimed by that Government in lieu of the -taxes it is justified in imposing on these districts. - -In the case of the A.B.I.R. Society, it is said that a portion of the -profits are paid into the public revenues of the Congo Government (who -hold certain shares in the undertaking), and that these figure annually -in the Budget as “produit de porte-feuille.” In making this explanation -to me, an agent of one of the Upper Congo trading Companies said the -term should more correctly be “produit de porte-fusil,” and to judge -from the large numbers of armed men I saw employed, the correction was -not inapposite. - -The Concession Companies, I believe, account for the armed men in their -service on the ground that their factories and agents must be protected -against the possible violence of the rude forest dwellers with whom they -deal; but this legitimate need for safeguarding European establishments -does not suffice to account for the presence, far from those -establishments, of large numbers of armed men quartered throughout the -native villages, and who exercise upon their surroundings an influence -far from protective. The explanation offered me of this state of things -was that, as the “impositions” laid upon the natives were regulated by -law, and were calculated on the scale of public labour the Government -had a right to require of the people, the collection of these -“impositions” had to be strictly enforced. When I pointed out that the -profit of this system was not reaped by the Government, but by a -commercial Company, and figured in the public returns of that Company’s -affairs, as well as in the official Government statistics, as the -outcome of commercial dealings with the natives, I was informed that the -“impositions” were in reality trade, “for, as you observe, we pay the -natives for the produce they bring in.” “But,” I observed, “you told me -just now that these products did not belong to the natives, but to you, -the Concessionnaire, who owned the soil; how, then, do you buy from them -what is already yours?” “We do not buy the india-rubber. What we pay to -the native is a remuneration for his labour in collecting our produce on -our land, and bringing it to us.” - -Since it was thus to the labour of the native alone that the profits of -the Company were attributed, I inquired whether he was not protected by -contract with his employer; but I was here referred back to the -statement that the native performed these services as a public duty -required of him by his Government. He was not a contracted labourer at -all, but a free man, dwelling in his own home, and was simply acquitting -himself of an “imposition” laid upon him by the Government, “of which we -are but the collectors by right of our Concession.” “Your Concession, -then, implies,” I said, “that you have been conceded not only a certain -area of land, but also the people dwelling on that land?” This, however, -was not accepted either, and I was assured that the people were -absolutely free, and owed no service to any one but to the Government of -the country. But there was no explanation offered to me that was not at -once contradicted by the next. One said it was a tax, an obligatory -burden laid upon the people, such as all Governments have the undoubted -right of imposing; but this failed to explain how, if a tax, it came to -be collected by the agents of a trading firm, and figured as the outcome -of their trade dealings with the people, still less, how, if it were a -tax, it could be justly imposed every week or fortnight in the year, -instead of once, or at most, twice a year. - -Another asserted that it was clearly legitimate commerce with the -natives because these were well paid and very happy. He could not then -explain the presence of so many armed men in their midst, or the reason -for tying up men, women, and children, and of maintaining in each -trading establishment a local prison, termed a “maison des otages,” -wherein recalcitrant native traders endured long periods of confinement. - -A third admitted that there was no law on the Congo Statute Book -constituting his trading establishment a Government taxing station, and -that since the product of his dealings with the natives figured in his -Company’s balance-sheets as trade, and paid customs duty to the -Government on export, and a dividend to the shareholders, and as he -himself drew a commission of 2 per cent. on his turnover, it must be -trade; but this exponent could not explain how, if these operations were -purely commercial, they rested on a privilege denied to others, for -since, as he asserted, the products of his district could neither be -worked nor bought by any one but himself, it was clear they were not -merchandise, which, to be merchandise, must be marketable. The summing -up of the situation by the majority of those with whom I sought to -discuss it was that, in fact, it was forced labour conceived in the true -interest of the native, who, if not controlled in this way, would spend -his days in idleness, unprofitable to himself and the general community. -The collection of the products of the soil by the more benevolent -methods adopted by the Trading Companies was, in any case, preferable to -those the Congo Government would itself employ to compel obedience to -this law, and therefore if I saw women and children seized as hostages -and kept in detention until rubber or other things were brought in, it -was better that this should be done by the cap-gun of the “forest guard” -than by the Albini armed soldiers of the Government who, if once -impelled into a district, would overturn the entire country side. - -No more satisfactory explanation than this outline was anywhere offered -me of what I saw in the A.B.I.R. and Lulanga districts. It is true -alternatives of excuse with differing interpretations of what I saw were -offered me in several quarters, but these were so obviously untrue, that -they could not be admitted as having any real relation to the things -which came before me. - -At a village I touched at up the Lulonga River, a small collection of -dwellings named Z*, the people complained that there was no rubber left -in their district, and yet that the La Lulanga Company required of them -each fortnight a fixed quantity they could not supply. Three forest -guards of that Company were quartered, it was said, in this village, one -of whom I found on duty, the two others, he informed me, having gone to -Mampoko to convoy the fortnight’s rubber. No live-stock of any kind -could be seen or purchased in this town, which had only a few years ago -been a large and populous community, filled with people and well stocked -with sheep, goats, ducks, and fowls. Although I walked through most of -it, I could only count ten men with their families. There were said to -be others in the part of the town I did not visit, but the entire -community I saw were living in wretched houses and in most visible -distress. Three months previously (in May, I believe), they said a -Government force, commanded by a white man, had occupied their town -owing to their failure to send in to the Mampoko head-quarters of the La -Lulanga Company a regular supply of india-rubber, and two men, whose -names were given, had been killed by the soldiers at that time. - -As Z* lies upon the main stream of the Lulongo River, and is often -touched at by passing steamers, I chose for the next inspection a town -lying somewhat off this beaten track, where my coming would be quite -unexpected. Steaming up a small tributary of the Lulongo, I arrived, -unpreceded by any rumour of my coming, at the village of A**. In an open -shed I found two sentries of the La Lulanga Company guarding fifteen -native women, five of whom had infants at the breast, and three of whom -were about to become mothers. The chief of these sentries, a man called -S--who was bearing a double-barrelled shot-gun, for which he had a belt -of cartridges--at once volunteered an explanation of the reason for -these women’s detention. Four of them, he said, were hostages who were -being held to insure the peaceful settlement of a dispute between two -neighbouring towns, which had already cost the life of a man. His -employer, the agent of the La Lulanga Company at B** near by, he said, -had ordered these women to be seized and kept until the Chief of the -offending town to which they belonged should come in to talk over the -palaver. The sentry pointed out that this was evidently a much better -way to settle such troubles between native towns than to leave them to -be fought out among the people themselves. - -The remaining eleven women, whom he indicated, he said he had caught and -was detaining as prisoners to compel their husbands to bring in the -right amount of india-rubber required of them on next market day. When I -asked if it was a woman’s work to collect india-rubber, he said, “No; -that, of course, it was man’s work.” “Then why do you catch the women -and not the men?” I asked. “Don’t you see,” was the answer, “if I caught -and kept the men, who would work the rubber? But if I catch their wives, -the husbands are anxious to have them home again, and so the rubber is -brought in quickly and quite up to the mark.” When I asked what would -become of these women if their husbands failed to bring in the right -quantity of rubber on the next market day, he said at once that then -they would be kept there until their husbands had redeemed them. Their -food, he explained, he made the Chief of A** provide, and he himself saw -it given to them daily. They came from more than one village of the -neighbourhood, he said, mostly from the Ngombi or inland country, where -he often had to catch women to insure the rubber being brought in in -sufficient quantity. It was an institution, he explained, that served -well and saved much trouble. When his master came each fortnight to A** -to take away the rubber so collected, if it was found to be sufficient, -the women were released and allowed to return with their husbands, but -if not sufficient they would undergo continued detention. The sentry’s -statements were clear and explicit, as were equally those of several of -the villagers with whom I spoke. The sentry further explained, in answer -to my inquiry, that he caught women in this way by direction of his -employers. That it was a custom generally adopted and found to work -well; that the people were very lazy, and that this was much the -simplest way of making them do what was required of them. When asked if -he had any use for his shot-gun, he answered that it had been given him -by the white man “to frighten people and make them bring in rubber,” but -that he had never otherwise used it. I found that the two sentries at -A** were complete masters of the town. Everything I needed in the way of -food or firewood they at once ordered the men of the town to bring me. -One of them, gun over shoulder, marched a procession of men--the Chief -of the village at their head--down to the water side, each carrying a -bundle of firewood for my steamer. A few chickens which were brought -were only purchased through their intermediary, the native owner in each -case handing the fowl over to the sentry, who then brought it on board, -bargained for it, and took the price agreed upon. When, in the evening, -the Chief of the village was invited to come and talk to me, he came in -evident fear of the sentries seeing him or overhearing his remarks, and -the leader, S, finding him talking to me, peremptorily broke into the -conversation and himself answered each question put to the Chief. When I -asked this latter if he and his townsmen did not catch fish in the C** -River, in which we learned there was much, the sentry, intervening, said -it was not the business of these people to catch fish--“they have no -time for that, they have got to get the rubber I tell them to.” - -At nightfall the fifteen women in the shed were tied together, either -neck to neck or ankle to ankle, to secure them for the night, and in -this posture I saw them twice during the evening. They were then trying -to huddle around a fire. In the morning the leading sentry, before -leaving the village, ordered his companion in my hearing to “keep close -guard on the prisoners.” I subsequently discovered that this sentry, -learning that I was not, as he had at first thought, a missionary, had -gone or sent to inform his employer at C** that a strange white man was -in the town. - -An explanation of what I had witnessed at A** was later preferred by the -representative of this Company for my information, but was in such -direct conflict with what I had myself observed that it could not be -accepted either as explaining the detention of the women I had seen tied -neck to neck, or as a refutation of the statements of the sentry, made -to me at a time when he had no thought that his avowals had any bearing -on his employer’s interests. - -From A** I proceeded to Bongandanga, a station of the A.B.I.R. Company -which lies some 120 or 130 miles up the Lopori, a tributary of the -Lulongo, and only halted for very brief periods _en route_. I arrived at -Bongandanga on the 29th August when what was locally termed the rubber -market was in full swing. The natives of the surrounding country are, on -these market days, which are held at intervals of a fortnight, marched -in under a number of armed guards, each native carrying his fortnight’s -supply of india-rubber for delivery to the agent of the Company. During -my stay at Bongandanga I had frequent occasion to meet the two agents of -this Society, who received me with every kindness and hospitality. - -The A.B.I.R. station was well built and well cared for, and gave -evidence of unremitting industry on the part of those in charge of it. -There were two good houses for the European staff and a number of large -well-built bamboo stores for the storing and drying of india-rubber. All -the houses were constructed of native materials, indeed, with the -exception of a small stock of barter goods in one of the stores and the -European provisions required for the white men, everything I saw came -from the surrounding district, provided in one form or another by its -native inhabitants. This applies to practically every European -establishment in the interior of the country, the only differences being -as to the manner in which the help of the natives may be sought and -recompensed. Building material of all kinds from very heavy timber to -roofing mats and native string to tie these on with are provided by the -natives; but their services in supplying these indispensable adjuncts to -civilized existence do not appear to be everywhere equally remunerated. -At Bongandanga I saw thirty-three large tree trunks, each of which could -not have weighed less than 1/2 a ton, some of them nearer 1 ton, which, -I was told, had been felled and carried in by the natives for his use -in building a new house. He explained that as the natives came in from -different districts fortnightly, and then had only to carry very small -baskets of india-rubber, this additional burden was imposed upon them, -but that this was one reserved for unwilling workers of india-rubber. It -was, in fact, one of the punishments for backward “récolteurs.” - -At Bongandanga the men of the district named E**, distant about 20 -miles, had been brought in with the rubber from that district. They -marched in in a long file, guarded by sentries of the A.B.I.R. Company, -and when I visited the factory grounds to observe the progress of the -“market,” I was informed by the local agent that there were 242 men -actually present. As each man was required, I was told, to bring in 3 -kilog. nett of rubber, the quantity actually brought in on that occasion -should have yielded about three-quarters of a ton of pure rubber. The -rubber brought by each man, after being weighed and found correct, was -taken off to be cut up in a large store, and then placed out on drying -shelves in other stores. As considerable loss of weight arises in the -drying to obtain 3 kilog. nett a dead weight of crude rubber -considerably in excess of that quantity must be brought in. There were -everywhere sentries in the A.B.I.R. grounds, guarding and controlling -the natives, many of whom carried their knives and spears. The sentries -were often armed with rifles, some of them with several cartridges -slipped between the fingers of the hands ready for instant use; others -had cap-guns, with a species of paper cartridge locally manufactured for -charging this form of muzzle-loader. The native vendors of the rubber -were guarded in detachments or herds, many of them behind a barricade -which stretched in front of a house I was told was the factory prison, -termed locally, I found, the “maison des otages.” The rubber as brought -up by each man under guard, was weighed by one of the two agents of the -A.B.I.R. present, who sat upon the verandah of his house. If the rubber -were found to be of the right weight its vendor would be led off with it -to the cutting up store or to one of the drying stores. In the former -were fully 80 or 100 natives who had already passed muster, squatting on -raised cane platforms, busily cutting up into the required sizes the -rubber which had been passed and accepted. At the corners of these -platforms stood, or equally squatted, sentries of the A.B.I.R. with -their rifles ready. - -In another store where rubber was being dried seven natives came in -while I was inspecting it carrying baskets which were filled with the -cut-up rubber, which they then at once began sorting and spreading on -high platforms. These seven men were guarded by four sentries armed with -rifles. - -Somewhat differing explanations were offered me of the reasons for the -constant guarding of the natives I observed during the course of the -“market.” This was first said to be a necessary precaution to insure -tranquillity and order within the trading factory during the presence -there of so many raw and sturdy savages. But when I drew attention to -the close guard kept upon the natives in the drying and cutting sheds, I -was told that these were “prisoners.” If the rubber brought by its -native vendor were found on the weighing machine to be seriously under -the required weight, the defaulting individual was detained to be dealt -with in the “maison des otages.” One such case occurred while I was on -the ground. The defaulter was directed to be taken away, and was dragged -off by some of the sentries, who forced him on to the ground to remain -until the market was over. While being held by these men he struggled to -escape, and one of them struck him in the mouth whence blood issued, and -he then remained passive. I did not learn how this individual -subsequently purged his offence, but when on a later occasion I visited -the inclosure in front of the prison I counted fifteen men and youths -who were being guarded while they worked at mat-making for the use of -the station buildings. These men, I was then told, were some of the -defaulters of the previous market day, who were being kept as compulsory -workmen to make good the deficiency in their rubber. - -Payments made to the rubber-bringers, depending on the quantity brought, -consisted of knives, matchets, strings of beads, and sometimes a little -salt. I saw many men who got a wooden handled knife of Sheffield -cutlery, good and strong--others got a matchet. The largest of these -knives with a 9-inch blade, and the smaller with a 5-inch, cost in -Europe, I find, 2_s._ 10_d._, and 1_s._ 5_d._ per dozen respectively, -less 2-1/2 per cent. cash discount. The men who got the knife of the -larger kind, or a matchet, had brought in, I understood, a full basket -of pure rubber, which may have represented a European valuation of some -27 fr. To the original cost of one of these knives, say 2-3/4_d._, -should be added fully 100 per cent. to cover transport charges, so that -their local cost would be about 6_d._ Among the natives themselves these -knives pass at 25 rods (1·25 fr.) and 15 rods (75 centimes) each. From -two of these rubber workers I later purchased two of these knives, -giving twenty-five teaspoonfuls of salt for the larger, and six -teaspoonfuls with an empty bottle for the smaller. From a third member -of their party, whose payment had consisted of a string of thirty-nine -blue and white glass beads (locally valued at 5 rods), I bought his -fortnight’s salary for five teaspoonfuls of salt. This youth, indeed, -confessed that his basket of rubber had not been so well filled as those -of the others. - -I went to the homes of these men some miles away and found out their -circumstances. To get the rubber they had first to go fully a two days’ -journey from their homes, leaving their wives, and being absent for from -five to six days. They were seen to the forest limits under guard, and -if not back by the sixth day trouble was likely to ensue. To get the -rubber in the forests--which generally speaking are very -swampy--involves much fatigue and often fruitless searching for a -well-flowing vine. As the area of supply diminishes, moreover, the -demand for rubber constantly increases. Some little time back I learned -the Bongandanga district supplied 7 tons of rubber a-month, a quantity -which it was hoped would shortly be increased to 10 tons. The quantity -of rubber brought by the three men in question would have represented, -probably, for the three of them certainly not less than 7 kilog. of pure -rubber. That would be a very safe estimate, and at an average of 7 fr. -per kilog. they might be said to have brought in 2_l._ worth of rubber. -In return for this labour, or imposition, they had received goods which -cost certainly under 1_s._, and whose local valuation came to 45 rods -(1_s._ 10_d._). As this process repeats itself twenty-six times a-year, -it will be seen that they would have yielded 52_l._ in kind at the end -of the year to the local factory, and would have received in return some -24_s._ or 25_s._ worth of goods, which had a market value on the spot of -2_l._ 7_s._ 8_d._ In addition to these formal payments they were liable -at times to be dealt with in another manner, for should their work, -which might have been just as hard, have proved less profitable in its -yield of rubber, the local prison would have seen them. The people -everywhere assured me that they were not happy under this system, and it -was apparent to a callous eye that in this they spoke the strict truth. - -In September I visited a native village called D**, situated some miles -from the A.B.I.R. factory at Bongandanga. I went there to see one of the -natives, who, with his wife and little children, had come to visit me. -My going to his town was solely a friendly visit to this man’s -household, since I was told that he was an excellent character, and one -who set a good example to his countrymen. On the way, at some 4 or 5 -miles only from the A.B.I.R. factory, I passed through a part of D** -(which is a very long town) where were several sentries of the A.B.I.R. -Society. One of these had a 6-chamber revolver loaded with six 4·50 Ely -cartridges--doubtless given, like the shot-gun at A**, for intimidation -rather than for actual use. Another sentry present had only his cap-gun. -He said there were in this one village six sentries of the A.B.I.R., but -that the other four had just gone into Bongandanga guarding some -prisoners. These were, it was explained to me, some of the natives of -the country side who had not brought in what was thought to be a -sufficiency of india-rubber. A little further on I met two more sentries -of the A.B.I.R. in this town. Coming home from D** by another road I -found two other sentries apparently acting as judges and settling a -“palaver” among the natives, this being one of the commonest uses to -which these men put their authority in their own interest, levying -blackmail and interfering in the domestic concerns of the natives by -compelling payment for their “judicial” decisions. - -The following day my host at D** came in to say that the sentries were -making trouble with him on account of my visit of the previous day, -declaring that they would inform the agent of the A.B.I.R. that he and -others had told me lies about their treatment by that Company, and that -they would all be put in the prison gang and sent away out of their -country. That evening C E spoke to me of my visit to D** of the previous -day, assuring me that the natives were all liars and rogues. The fact -that I had personally gone to see a native community, theoretically as -free as I was myself, and that I had spoken at first hand to some of -these natives themselves, caused, I could not but perceive, considerable -annoyance. - -That the fears of my native host were not entirely groundless I -subsequently learned by letter from Bongandanga, wherein I was informed -that two of his wives and one of the children I had seen had fled in the -middle of the night for refuge to the Mission evangelist--the sentries -quartered at D** having arrested my friend at midnight, and that he had -been brought in a prisoner to the A.B.I.R. factory. - -As to the condition of the men who paid by detention in the “maison des -otages” their shortcomings in respect of rubber, I was assured by the -local agent that they were not badly treated and that “they got their -food.” On the other hand, I was assured in many quarters that flogging -with the chicotte--or hippopotamus-hide whip--was one of the measures -used in dealing with refractory natives in that institution. I was told -that men have frequently been seen coming away from the factory, after -the rubber markets, who had been flogged, and that on two occasions this -year, the last of them in March, two natives had been so severely -flogged that they were being carried away by their friends. - -The A.B.I.R. Society effectually controls the movements of the natives -both by water as well as by land. Since almost every village in the -Concession is under control, its male inhabitants are entered in books, -and according to age and strength have to furnish rubber or, in the -villages close to the factory, food-stuffs, such as antelope meat or -wild pig (which the elders are required to hunt), as also the customary -kwanga bread, or bananas, and fowls and ducks. An agent showed me some -of these village lists, during the purchasing of the rubber, of the 242 -E** men, explaining that the impositions against the individuals named -are fixed by the Government, and are calculated on the bodily service -each man owes it, but from which he is exempted in the Concession in -order to work rubber and assist the progressive development of the -A.B.I.R. Company’s territory. He added that it was not the few guns he -disposed of at F** which compelled obedience to this law, but the power -of the Congo State “Force Publique,” which, if a village absolutely -refuses obedience, would be sent to punish the district to compel -respect to these civilized rights. He added that, as the punishment -inflicted in these cases was terribly severe, it was better that the -milder measures and the other expedients he was forced to resort to -should not be interfered with. These measures, he said, involved -frequent imprisonment of individuals in his local “house of hostages.” A -truly recalcitrant man, he said, who proved enduringly obstinate in his -failure to bring in his allotted share of rubber, would in the end be -brought to reason by these means. He would find, I was assured, as a -result of his perversity that the whole of his time must be spent either -in the prison or else in being marched under guard between it and his -native town. Terms of fifteen days, from “market” day to “market” day, -were the usual period of detention, and generally proved -sufficient--during which time the prisoners worked around the -factory--but longer periods were not at all unknown. My informant added -that an excellent project for dealing with obstinate opponents to the -rubber industry had recently been mooted, but had not been carried into -practice. This was to transport to the Upper Lopori, or the Upper -Maringa, far from their homes and tribes, such men as could not be -reclaimed by milder methods. In these distant regions they would have no -chance of running away, but would be kept under constant guard and at -constant work. This proposal had, however, been disapproved of by the -local authorities. In one town I visited, the Chief and some thirty -people gave me the names of several men of the town who had, about -eighteen months previously, been transported in this manner to G**, an -A.B.I.R. post, some 340 miles by water from Bongandanga. Three, whose -names were stated, had already died, only two had returned, the others -being still detained. - -Deaths even in the local prison are not, however, unknown. I heard of -several. The late Chief of H**, a town I visited with the agent of the -A.B.I.R. station had died some months before as the result, it was said, -of imprisonment. He had been arrested because another man of the town -had not brought in antelope meat when required. After one and a-half -months’ imprisonment the Chief was released. He was then so weak that he -could not walk the 2 miles home to H**, but collapsed on the way and -died early the following morning. This was on the 14th June last. - -On the [blank space in text] September a man named T came to see me. He -had been very badly wounded in the thigh, and walked with difficulty. He -stated that a sentry of the A.B.I.R., a man named U, had shot him, as I -saw; and at the same time had killed V, a friend. The sentries had come -to arrest the Chief of H** on account of meat, which was short for the -white man--not the present white man, but another--and his people had -gathered around the Chief to protect him. An inquiry I gathered had been -held by a Law Officer into this and other outrages committed the -previous year, and as a result the sentry U had been removed from the -district. T went on to say to me that this sentry was now back in the -country at large, and a free man. When I asked him if he himself had not -been compensated for the injuries entailing partial disablement he had -received, he said: “Four months ago I was arrested for not having got -meat, and was kept one and a-half months in prison on that account. U, -who killed V, and shot me here in the thigh, is a free man, as all men -know; but I, who am wounded, have to hunt meat.” - -This statement I found on fuller inquiry in other quarters was -confirmed; and it became apparent that while the murderer was at large, -one of those he had seriously injured, and almost incapacitated, was -still required to hunt game, and paid for his failure by imprisonment. -On further inquiry, I gathered that this occasion was the only one -locally known when a qualified Law Officer had ever visited the Lopori, -although charges from that region involving very grave accusations had, -on several occasions, been preferred. There being no Magistrate resident -in the whole of the A.B.I.R. Concession, inquiries, unless conducted by -the agents of the A.B.I.R. themselves, have to be investigated at -Coquilhatville--distant fully 270 miles from Bongandanga, and over 400 -miles from some parts of the Concession. - -It is true an officer of the Congo Executive is deputed to exercise a -qualified surveillance within this Concession; but he is not a qualified -Magistrate or legally empowered to act as such. - -The occupant of this post is a military officer of inferior rank, who is -quartered, with a force of soldiers, near to Bassankusu, the chief -station of the A.B.I.R. Company. - -This officer, when he enters the A.B.I.R. territory, is accompanied by -soldiers, and his actions would appear to be generally confined to -measures of a punitive kind, the necessity for such measures being that -which almost everywhere applies--namely, a refusal of or falling off in -the supplies of india-rubber. - -At the date of my visit to the Lopori he was engaged in a journey, not -unconnected with fighting, to the Maringa River. His independence is not -complete, nor is his disassociation from the A.B.I.R. Company’s agencies -as marked as, in view of the circumstances attending the collection of -rubber, it should be. - -His journeys up the two great rivers, the Maringa and Lopori, which -drain the A.B.I.R. territory, are made on the steamers of that Company, -and he is, to all intents, a guest of the Company’s agents. - -The supervision of this officer extends also over the course of the -Lulongo river, outside the A.B.I.R. Concession, and he it was who had -occupied the town of Z* on an occasion some months before my visit, when -two native men had been killed. - -The Commissaire-Général of the Equator District has also, at recent -periods, visited the A.B.I.R. Concession, but this officer, although the -Chief of the Executive and the President of the Territorial Court of the -entire district, came as a visitor to the A.B.I.R. stations and as guest -on the steamer of that Company. - -No steamer belonging to the Congo Government regularly ascends either -the Lopori or Maringa rivers, and the conveyance of mails from the -A.B.I.R. territory depends, for steamer transport, on the two vessels of -that Company. - -On the 15th June last, the Director of this Company by letter informed -the Missions of Bongandanga and Baringa that he had given orders to the -steamers of the Company to refuse the carriage of any letters or -correspondence coming from or intended for either of those Mission -stations, which are the only European establishments, not belonging to -the A.B.I.R. Company, existing within the limits of the Concession. - -Resulting from this order the missionaries at these two isolated posts -are now compelled, save when, some three times a year, the Mission -steamer visits them, to dispatch all their correspondence by canoes to -their agent at Tkau, lying just outside the Concession. - -This involves the engagement of paddlers and a canoe journey of 120 to -130 miles from each of these Missions down to Tkau. - -But as the A.B.I.R. Company claims a right to interrogate all canoes -passing up or down stream, this mode of transport leaves some elements -of insecurity, apart from the delay and inconvenience otherwise -entailed. - -At the date of my visit to the Concession, the Mission at Baringa, -situated 120 miles up the Maringa river, had despatched a canoe manned -by native dependents with mails intended for the outer world--the -nearest post office being at Coquilhatville, some 260 miles distant. - -When seeking to pass the A.B.I.R. station at Waka, situated half-way -down the Maringa river, this canoe was required by the European agent -there to land and to deliver to him its correspondence. - -The native canoe men reported that this agent had opened the packet and -questioned them, and that the letters intrusted to them for delivery to -the Mission representative at Tkau were not restored to them without -delay and much inconvenience. - -It might not be too much to expect that, in return for the very -extensive privileges it enjoys of exploitation of public lands and a -large native population, the A.B.I.R. Company should be required, in the -entire absence of the public flotilla, to discharge the not onerous task -of conveying the public mails by its steamers which so frequently -navigate the waterways of the Concession in the collection of -india-rubber. - -Were a qualified Magistrate appointed to reside within the limits of -this Concession--as within the other Upper Congo Concessions, some of -them territories as large as a European State, and still containing a -numerous native population--the public service could not but be the -gainer. - -As it is to-day, no Court is open to the appeals of these people that -lies at all within their reach, and no European agency, save isolated -Mission stations, has any direct influence upon them except that -immediately interested in their profitable exploitation. - -It is only right to say that the present agent of the A.B.I.R. Society I -met at Bongandanga seemed to me to try, in very difficult and -embarrassing circumstances, to minimize as far as possible, and within -the limits of his duties, the evils of the system I there observed at -work. - -The requisitions of food-stuffs laid on the villages adjoining the -factories were said to be less onerous than those affecting the rubber -towns. They rested, I was informed, on the same legal basis as that -authorizing rubber working, and a failure to meet them involved the same -desultory modes of arrest and imprisonment. During my stay at -Bongandanga several instances of arrest in failures of this kind came to -my notice. - -On a Sunday in August, I saw six of the local sentries going back with -cap-guns and ammunition pouches to E**, after the previous day’s market, -and later in the day, when in the factory grounds, two armed sentries -came up to the agent as we walked, guarding sixteen natives, five men -tied neck by neck, with five untied women and six young children. This -somewhat embarrassing situation, it was explained to me, was due to the -persistent failure of the people of the village these persons came from -to supply its proper quota of food. These people, I was told, had just -been captured “on the river” by one of the sentries placed there to -watch the waterway. They had been proceeding in their canoes to some -native fishing grounds, and were espied and brought in. I asked if the -children also were held responsible for food supplies, and they, along -with an elderly woman, were released, and told to run over to the -Mission, and go to school there. This they did not do, but doubtless -returned to their homes in the recalcitrant village. The remaining five -men and four women were led off to the “maison des otages” under guard -of the sentry. - -An agent explained that he was forced to catch women in preference to -the men as then supplies were brought in quicker; but he did not explain -how the children deprived of their parents obtained their own food -supplies. - -He deplored this hard necessity, but he said the vital needs of his own -station, as well as of the local missionaries, who, being guests of the -A.B.I.R. Society, had to be provided for, sternly imposed it upon him if -the peopled failed to keep up their proper supplies. - -While we thus talked an armed sentry came along guarding four -natives--men--who were carrying bunches of bananas, a part of another -food imposition. This sentry explained to his master that the village he -had just visited had failed to give antelope meat, alleging the very -heavy rain of the previous night as an excuse for not hunting. - -The agent apologized to me for his inability to give me meat during my -stay, pointing out the obvious necessity he now was under of catching -some persons without delay. He should certainly, he said, have to send -out and catch women that very night. - -On leaving the A.B.I.R. grounds, still accompanied by this gentleman, -another batch of men carrying food supplies were marched in by three -armed guards, and were conducted towards the “maison des otages,” which -two other sentries apparently guarded. - -At 8 P.M. that evening, just after the Sunday service, a number of women -were taken through the Mission grounds past the church by the A.B.I.R. -sentries, and in the morning I was told that three such seizures had -been effected during the night. On the 2nd September I met, when -walking in the A.B.I.R. grounds with the subordinate agent of the -factory, a file of fifteen women, under the guard of three unarmed -sentries, who were being brought in from the adjoining villages, and -were led past me. These women, who were evidently wives and mothers, it -was explained in answer to my inquiry, had been seized in order to -compel their husbands to bring in antelope or other meat which was -overdue, and some of which it was very kindly promised should be sent on -board my steamer when leaving. As a matter of fact, half an antelope was -so sent on board by the good offices of this gentleman. - -As I was leaving Bongandanga, on the 3rd September, several elderly -Headmen of the neighbouring villages were putting off in their canoes to -the opposite forest, to get meat wherewith to redeem their wives, whom I -had seen arrested the previous day. I learned later that the husband of -one of these women brought in, two days afterwards, to the -Mission-station, his infant daughter, who, being deprived of her mother, -had fallen seriously ill, and whom he could not feed. At the request of -the missionary this woman was released on the 5th September. I took -occasion to say to the agent of the A.B.I.R. Company, before leaving, -that the practice of imprisoning women for impositions said to be due by -their husbands was to my mind unquestionably illegal, and that I should -not fail to draw the attention of the Governor-General of the Congo -State to what I had seen. The excuse offered, both on this occasion as -on others when I had ventured to allude to the condition of the natives -around Bongandanga, was that the station compared most favourably with -all others within the A.B.I.R. Concession, which were run, I was -assured, on much sterner lines than those which caused me pain at -Bongandanga. I later made official communication to the local Government -at Boma on these points, in so far as the system I had seen at work -affected the English missionaries within the A.B.I.R. Concession, and in -that letter I sought to show that neither the local agent nor his -subordinate were responsible for a state of affairs which greatly -wounded the feelings of my countrymen at Bongandanga, and which had -filled me with a pained surprise. My attention, it was true, had been -drawn to the systematic imprisonment of women in parts of the Upper -Congo some two years previously, in a case wherein a British coloured -subject--a native of Lagos--along with three Europeans, all of them in -the service of the Compagnie Anversoise du Commerce au Congo--a -Concession Company--had been charged with various acts of cruelty and -oppression which had caused much loss of life to the natives in the -Mongala region. These men had been arrested by the authorities in the -summer of 1900, and had been sentenced to long terms of imprisonment, -against which they had made appeal. The facts charged against the -British coloured subject (who sought my help) were, among others, that -he had illegally arrested women and kept them in illegal detention at -his trading station, and it was alleged that many of these women had -died of starvation while thus confined. This man himself, when I had -visited him in Boma gaol in March 1901, said that more than 100 women -and children had died of starvation at his hands, but that the -responsibility for both their arrest and his own lack of food to give -them was due to his superiors’ orders and neglect. The Court of Appeal -at Boma gave final Judgment in the case on the 13th February, 1901; and -in connection with the Lagos man’s degree of guilt, a copy of this -Judgment, in so far as it affected him, at my request had been -communicated to me by the Governor-General. From this Judgment I learned -that the case against the accused had been clearly proved. Among other -extenuating circumstances, which secured, however, a marked reduction of -the first sentence imposed on the coloured man, the Court of Appeal -cited the following:-- - -“That it is just to take into account that, by the correspondence -produced in the case, the chiefs of the Concession Company have, if not -by formal orders, at least by their example and their tolerance, induced -their agents to take no account whatever of the rights, property, and -lives of the natives; to use the arms and the soldiers which should have -served for their defence and the maintenance of order to force the -natives to furnish them with produce and to work for the Company, as -also to pursue as rebels and outlaws those who sought to escape from the -requisitions imposed upon them.... That, above all, the fact that the -arrest of women and their detention, to compel the villages to furnish -both produce and workmen, was tolerated and admitted even by certain of -the administrative authorities of the region.” - -I had gathered at the time of this finding of the Boma High Court that -steps had then been taken to make it everywhere effective and to insure -obedience to the law in this respect, and that a recurrence of the -illegalities brought to light in the Mongala region had been rendered -impossible in any part of the Congo State. From what I saw during the -few days spent in the A.B.I.R. Concession, and again outside its limits -in the Lower Lulongo, it seemed to be clear that the action taken by -the authorities nearly three years ago could not have produced the -results undoubtedly then desired. - -On my leaving Bongandanga on the 3rd September I returned down the -Lopori and Lulongo Rivers, arriving at J**. The following day, about 9 -at night, some natives of the neighbourhood came to see me, bringing -with them a lad of about 16 years of age whose right hand was missing. -His name was X and his relatives said they came from K**, a village on -the opposite side of the river some few miles away. As it was late at -night there was some difficulty in obtaining a translation of their -statements, but I gathered that X’s hand had been cut off in K** by a -sentry of the La Lulanga Company, who was, or had been, quartered there. -They said that this sentry, at the time that he had mutilated X, had -also shot dead one of the chief men of the town. X, in addition to this -mutilation, had been shot in the shoulder blade, and, as a consequence, -was deformed. On being shot it was said he had fallen down insensible, -and the sentry had then cut off his hand, alleging that he would take it -to the Director of the Company at Mampoko. When I asked if this had been -done the natives replied that they believed that the hand had only been -carried part of the way to Mampoko and then thrown away. They did not -think the white man had seen it. They went on to say that they had not -hitherto made any complaint of this. They declared they had seen no good -object in complaining of a case of this kind since they did not hope any -good would result to them. They then went on to say that a younger boy -than X, at the beginning of this year (as near as they could fix the -date at either the end of January or the beginning of February), had -been mutilated in a similar way by a sentry of the same trading Company, -who was still quartered in their town, and that when they had wished to -bring this latter victim with them the sentry had threatened to kill him -and that the boy was now in hiding. They begged that I would myself go -back with them to their village and ascertain that they were speaking -the truth. I thought it my duty to listen to this appeal, and decided to -return with them on the morrow to their town. In the morning, when about -to start for K**, many people from the surrounding country came in to -see me. They brought with them three individuals who had been shockingly -wounded by gun fire, two men and a very small boy, not more than 6 years -of age, and a fourth--a boy child of 6 or 7--whose right hand was cut -off at the wrist. One of the men, who had been shot through the arm, -declared that he was Y of L**, a village situated some miles away. He -declared that he had been shot as I saw under the following -circumstances: the soldiers had entered his town, he alleged, to enforce -the due fulfilment of the rubber tax due by the community. These men had -tied him up and said that unless he paid 1,000 brass rods to them they -would shoot him. Having no rods to give them they had shot him through -the arm and had left him. The soldiers implicated he said were four -whose names were given me. They were, he believed, all employés of the -La Lulanga Company and had come from Mampoko. At the time when he, Y, -was shot through the arm the Chief of his town came up and begged the -soldiers not to hurt him, but one of them, a man called Z, shot the -Chief dead. No white man was with these sentries, or soldiers, at the -time. Two of them, Y said, he believed had been sent or taken to -Coquilhatville. Two of them--whom he named--he said were still at -Mampoko. The people of L** had sent to tell the white man at Mampoko of -what his soldiers had done. He did not know what punishment, if any, the -soldiers had received, for no inquiry had since been made in L**, nor -had any persons in that town been required to testify against their -aggressors. This man was accompanied by four other men of his town. -These four men all corroborated Y’s statement. - -These people were at once followed by two men of M**, situated, they -said, close to K**, and only a few miles distant. They brought with them -a full-grown man named A A, whose arm was shattered and greatly swollen -through the discharge of a gun, and a small boy named B B, whose left -arm was broken in two places from two separate gun shots--the wrist -being shattered and the hand wobbling about loose and quite useless. The -two men made the following statement: That their town, like all the -others in the neighbourhood, was required to furnish a certain quantity -of india-rubber fortnightly to the head-quarters of the La Lulanga -Company at Mampoko; that at the time these outrages were committed, -which they put at less than a year previously, a man named C C was a -sentry of that Company quartered in their village; that they two now -before me had taken the usual fortnight’s rubber to Mampoko. On -returning to M** they found that C C, the sentry, had shot dead two men -of the town named D D and E E, and had tied up this man A A and the boy -B B, now before me, to two trees. The sentry said that this was to -punish the two men for having taken the rubber to Mampoko without having -first shown it to him and paid him a commission on it. The two men -asserted that they had at once returned to Mampoko, and had begged the -Director of the Company to return with them to M** and see what his -servants had done. But, they alleged, he had refused to comply with -their request. On getting back to their town they then found that the -man A A and the child B B were still tied to the trees, and had been -shot in the arms as I now saw. On pleading with the sentry to release -these two wounded individuals, he had required a payment of 2,000 brass -rods (100 fr.). One of the two men stayed to collect this money, and -another returned to Mampoko to again inform the Director of what had -been done. The two men declared that nothing was done to the sentry C C, -but that the white man said that if the people behaved badly again he -was to punish them. The sentry C C, they declared, remained some time -longer in M**, and they do not now know where he is. - -These people were immediately followed by a number of natives who came -before me bringing a small boy of not more than 7 years of age, whose -right hand was gone at the wrist. This child, whose name was F F, they -had brought from the village of N**. They stated that some years ago -(they could not even approximately fix the date save by indicating that -F F was only just able to run) N** had been attacked by several sentries -of the La Lulanga Company. This was owing to their failure in supplying -a sufficiency of india-rubber. They did not know whether these sentries -had been sent by any European, but they knew all their names, and the -Chief of them was one called G G. G G had shot dead the Chief of their -town, and the people had run into the forest. The sentries pursued them, -and G G had knocked down the child F F with the butt of his gun and had -then cut off his hand. They declared that the hand of the dead man and -of this boy F F had then been carried away by the sentries. The sentries -who did this belonged to the La Lulanga Company’s factory at O**. The -man who appeared with F F went on to say that they had never complained -about it, save to the white man who had then been that Company’s agent -at O**. They had not thought of complaining to the Commissaire of the -district. Not only was he far away, but they were afraid they would not -be believed, and they thought the white men only wished for rubber, and -that no good could come of pleading with them. - -At the same time a number of men followed, with the request that I would -listen to them. W declared that their town P**, which had formerly been -on the north bank of the X** River (where I had myself seen it), had now -been transferred by force to the south bank, close to the factory at -Q**. He said that this act of compulsory transference was the direct act -of the Commissaire-Général of the ... district. The Commissaire had -visited P** on his steamer, and had ordered the people of that town to -work daily at Q** for the La Lulanga factory. W had replied that it was -too far for the women of P** to go daily to Q** as was required; but the -Commissaire, in reply, had taken fifty women and carried them away with -him. The women were taken to Q**. Two men were taken at the same time. -To get these women back, W went on to say, he and his people had to pay -a fine of 10,000 brass rods (500 fr.). They had paid this money to the -Commissaire-Général himself. They had then been ordered by the -Commissaire to abandon their town, since it lay too far from the -factory, and build a fresh town close to Q**, so that they might be at -hand for the white man’s needs. This they had been forced to do--many of -them were taken across by force. It was about two years ago W thought -that this deportation had been effected, and they now came to beg that I -would use my influence with the local authorities to permit their return -to their abandoned home. Where they were now situated close to Q** they -were most unhappy, and they only desired to be allowed to return to the -former site of P**. They have to take daily to Q** the following:-- - - 10 baskets gum-copal. - 1,000 long canes (termed “ngodji”), which grow in the swamps, and are - used in thatching and roofing. - 500 bamboos for building. - -Each week they are required to deliver at the factory-- - - 200 rations of kwanga. - 120 rations of fish. - -In addition, fifty women are required each morning to go to the factory -and work there all day. They complained that the remuneration given for -these services was most inadequate, and that they were continually -beaten. When I asked the Chief W why he had not gone to D F to complain -if the sentries beat him or his people, opening his mouth he pointed to -one of the teeth which was just dropping out, and said: “That is what I -got from the D F four days ago when I went to tell him what I now say to -you.” He added that he was frequently beaten, along with others of his -people, by the white man. - -One of the men with him, who gave his name as H H, said that two weeks -ago the white man at Q** had ordered him to serve as one of the porters -of his hammock on a journey he proposed taking inland. H H was then just -completing the building of a new house, and excused himself on this -ground, but offered to fetch a friend as a substitute. The Director of -the Company had, in answer to this excuse, burnt down his house, -alleging that he was insolent. He had had a box of cloth and some ducks -in the house--in fact, all his goods, and they were destroyed in the -fire. The white man then caused him to be tied up, and took him with him -inland, and loosed him when he had to carry the hammock. - -Other people were waiting, desirous of speaking with me, but so much -time was taken in noting the statements already made that I had to -leave, if I hoped to reach K** at a reasonable hour. I proceeded in a -canoe across the Lulongo and up a tributary to a landing-place which -seemed to be about ... miles from I**. Here, leaving the canoes, we -walked for a couple of miles through a flooded forest to reach the -village. I found here a sentry of the La Lulanga Company and a -considerable number of natives. After some little delay a boy of about -15 years of age appeared, whose left arm was wrapped up in a dirty rag. -Removing this, I found the left hand had been hacked off by the wrist, -and that a shot hole appeared in the fleshy part of the forearm. The -boy, who gave his name as I I, in answer to my inquiry, said that a -sentry of the La Lulanga Company now in the town had cut off his hand. I -proceeded to look for this man, who at first could not be found, the -natives to a considerable number gathering behind me as I walked through -the town. After some delay the sentry appeared, carrying a cap-gun. The -boy, whom I placed before him, then accused him to his face of having -mutilated him. The men of the town, who were questioned in succession, -corroborated the boy’s statement. The sentry, who gave his name as K K, -could make no answer to the charge. He met it by vaguely saying some -other sentry of the Company had mutilated I I; his predecessor, he said, -had cut off several hands, and probably this was one of the victims. The -natives around said that there were two other sentries at present in the -town, who were not so bad as K K, but that he was a villain. As the -evidence against him was perfectly clear, man after man standing out and -declaring he had seen the act committed, I informed him and the people -present that I should appeal to the local authorities for his immediate -arrest and trial. In the course of my interrogatory several other -charges transpired against him. These were of a minor nature, consisting -of the usual characteristic acts of blackmailing, only too commonly -reported on all sides. One man said that K K had tied up his wife and -only released her on payment of 1,000 rods. Another man said that K K -had robbed him of two ducks and a dog. These minor offences K K equally -demurred to, and again said that I I had been mutilated by some other -sentry, naming several. I took the boy back with me and later brought -him to Coquilhatville, where he formally charged K K with the crime, -alleging to the Commandant, who took his statement, through a special -Government interpreter, in my presence, that it had been done “on -account of rubber.” I have since been informed that, acting on my -request, the authorities at Coquilhatville had arrested K K, who -presumably will be tried in due course. A copy of my notes taken in K**, -where I I charged K K before me, is appended (Inclosure 6).[18] - -It was obviously impossible that I should visit all the villages of the -natives who came to beg me to do so at J** or elsewhere during my -journey, or to verify on the spot, as in the case of the boy, the -statements they made. In that one case the truth of the charges -preferred was amply demonstrated, and their significance was not -diminished by the fact that, whereas this act of mutilation had been -committed within a few miles of Q**, the head-quarters of a European -civilizing agency, and the guilty man was still in their midst, armed -with the gun with which he had first shot his victim (for which he could -produce no licence when I asked for it, saying it was his employers’), -no one of the natives of the terrorized town had attempted to report -the occurrence. They had in the interval visited Mampoko each fortnight -with the india-rubber from their district. There was also in their midst -another mutilated boy X, whose hand had been cut off either by this or -another sentry. The main waterway of the Lulongo River lay at their -doors, and on it well nigh every fortnight a Government steamer had -passed up and down stream on its way to bring the india-rubber of the -A.B.I.R. Company to Coquilhatville. They possessed, too, some canoes; -and, if all other agencies of relief were closed, the territorial -tribunal at Coquilhatville lay open to them, and the journey to it down -stream from their village could have been accomplished in some twelve -hours. It was no greater journey, indeed, than many of the towns I had -elsewhere visited were forced to undertake each week or fortnight to -deliver supplies to their local tax collectors. The fact that no effort -had been made by these people to secure relief from their unhappy -situation impelled me to believe that a very real fear of reporting such -occurrences actually existed among them. That everything asserted by -such a people, under such circumstances, is strictly true I should in no -wise assert. That discrepancies must be found in much alleged by such -rude savages, to one whose sympathies they sought to awaken, must -equally be admitted. But the broad fact remained that their previous -silence said more than their present speech. In spite of contradictions, -and even seeming misstatements, it was clear that these men were stating -either what they had actually seen with their eyes or firmly believed in -their hearts. No one viewing their unhappy surroundings or hearing their -appeals, no one at all cognizant of African native life or character, -could doubt that they were speaking, in the main, truly; and the unhappy -conviction was forced upon me that in the many forest towns behind the -screen of trees, which I could not visit, these people were entitled to -expect that a civilized administration should be represented among them -by other agents than the savages euphemistically termed “forest guards.” - -The number of these “forest guards” employed in the service of the -various Concession Companies on the Congo must be very considerable; but -it is not only the Concession Companies which employ “forest guards,” -for I found many of these men in the service of the La Lulanga Company, -which is neither a Concession Company nor endowed with any “rights of -police,” so far as I am aware. In the A.B.I.R. Concession there must be -at least twenty stations directed by one or more European agents. - -Each one of these “factories” has, with the permission of the -Government, an armament of twenty-five rifles. According to this -estimate of the A.B.I.R. factories, and adding the armament of the two -steamers that Company possesses, it will be found that this one -Concession Company employs 550 rifles, with a supply of cartridges not, -I believe, as yet legally fixed. These rifles are supposed by law not to -be taken from the limits of the factories, whereas the “sentries” or -“forest guards” are quartered in well-nigh every rubber-producing -village of the entire Concession. - -These men are each armed with a cap-gun, and the amount of ammunition -they may individually expend would seem to have no legal limits. These -cap-guns can be very effective weapons. On the Lower Lulongo I bought -the skin of a fine leopard from a native hunter who had shot the animal -the previous day. He produced a cap-gun and his ammunition for my -inspection, and I learned from all the men around him that he alone had -killed the beast with his own gun. This gun, he informed me, he had -purchased some years ago from a former Commissaire of the Government at -Coquilhatville, whose name he gave me. - -It would be, I think, a moderate computation to put the number of -cap-guns issued by the A.B.I.R. Company to its “sentries” as being in -the proportion of six to one to the number of rifles allowed to each -factory. These figures could be easily verified, but whatever the -proportion may be of cap-guns to rifles, it is clear that the A.B.I.R. -Society alone controls a force of some 500 rifles and a very large stock -of cap-guns. - -The other Concession Companies on the Congo have similar privileges, so -that it might not be an excessive estimate to say that these Companies -and the subsidiary ones (not enjoying rights of police) between them, -direct an armed force of not less than 10,000 men. - -Their “rights of police,” by the Circular of Governor-General Wahis of -October 1900, were seemingly limited to the right to “requisition” the -Government forces in their neighbourhood to maintain order within the -limits of the Concession. That Circular, while it touched upon the -arming of “Kapitas” with cap-guns, did not clearly define the -jurisdiction of these men as a police force or their use of that weapon, -but it is evident that the Government has been cognizant of, and is -responsible for, the employment of these armed men. By a Royal Decree, -dated the 10th March, 1892, very clear enactments were promulgated -dealing with the use of all fire-arms other than flint-locks. By the -terms of this Decree all fire-arms and their munitions, other than -flint-lock guns, were required, immediately upon importation, to be -deposited in a depôt or private store placed under the control of the -Government. Each weapon imported had to be registered upon its entry -into the depôt and marked under the supervision of the Administration, -and could not be withdrawn thence save on the presentation of a permit -to carry arms. These permits to carry arms were liable each to a tax of -20 fr., and could be withdrawn in case of abuse. By an Ordinance of the -Governor-General of the Congo State, dated the 16th June, 1892, various -Regulations making locally effective the foregoing Decree were -published. It is clear that the responsibility for the extensive -employment of men armed with cap-guns by the various commercial -Companies on the Upper Congo rests with the governing authority, which -either by law permitted it or did not make effective its own laws. - -The six natives brought before me at I** had all of them been wounded by -gun-fire, and the guns in question could only have come into the hands -of their assailants through the permission or the neglect of the -authorities. Two of these injured individuals were children--one of them -certainly not more than 7 years of age--and the other a child (a boy of -about the same age), whose arm was shattered by gun-fire at close -quarters. Whatever truth there might be in the direct assertions of -these people and their relatives, who attested that the attacks upon -them had been made by sentries of the La Lulanga Company, it was clear -that they had all been attacked by men using guns, which a law already -eleven years old had clearly prohibited from being issued, save in -special cases, and “to persons who could offer sufficient guarantee that -the arms and the munitions which should be delivered to them would not -be given, ceded, or sold to third parties”--and, moreover, under a -licence which could at any time be withdrawn. - -Three of these injured individuals, subsequent to the initial attack -upon them, had had their hands cut off--in each case, as it was alleged -to me, by a sentry of the La Lulanga Company. In the one case I could -alone personally investigate--that of the boy I I--I found this -accusation proved on the spot, without seemingly a shadow of doubt -existing as to the guilt of the accused sentry. These six wounded and -mutilated individuals came from villages in the immediate vicinity of -I**, and both from their lips and from those of others who came to me -from a greater distance it was clear that these were not the only cases -in that neighbourhood. One man, coming from a village 20 miles away, -begged me to return with him to his home, where, he asserted, eight of -his fellow-villagers had recently been killed by sentries placed there -in connection with the fortnightly yield of india-rubber. But my stay at -I** was necessarily a brief one. I had not time to do more than visit -the one village of R** and in that village I had only time to -investigate the charge brought by I I. The country is, moreover, largely -swampy forest, and the difficulties of getting through it are very -great. A regularly equipped expedition would have been needed, and the -means of anything like an exhaustive inquiry were not at my disposal. -But it seemed painfully clear to me that the facts brought to my -knowledge in a three days’ stay at I** would amply justify the most -exhaustive inquiry being made into the employment of armed men in that -region, and the use to which they put the weapons intrusted to -them--ostensibly as the authorized dependants of commercial -undertakings. From what I had observed in the A.B.I.R. Concession it is -equally clear to me that no inquiry could be held to have been -exhaustive which did not embrace the territories of that Company also. - -The system of quartering Government soldiers in the villages, once -universal, has to-day been widely abandoned; but the abuses once -prevalent under this head spring to life in this system of “forest -guards,” who, over a wide area, represent the only form of local -gendarmerie known. But that the practice of employing Government native -soldiers in isolated posts has not disappeared is admitted by the -highest authorities. - -A Circular on this subject, animadverting on the disregard of the -reiterated instructions issued, which had forbidden the employment of -black troops unaccompanied by a European officer, was dispatched by the -Governor-General as recently as the 7th September, 1903, during the -period I was actually on the Upper Congo. In this Circular the -Commandants and officers of the Force Publique are required to -rigorously observe the oft-repeated instructions on this head, and it is -pointed out that, in spite of the most imperative orders forbidding the -employment of black soldiers by themselves on the public service--“on -continue en maints endroits à pratiquer ce déplorable usage.” Copy of -this Circular is appended (Inclosure 7).[19] - -From my observation of the districts I travelled on in the Upper Congo, -it would seem well-nigh impossible for European officers to be always -with the soldiers who may be sent on minor expeditions. The number of -officers is limited; they have much to do in drilling their troops, and -in camp and station life, while the territory to be exploited is vast. -The ramifications of the system of taxation, outlined in the foregoing -sketch of it, show it to be of a wide-spread character, and since a more -or less constant pressure has to be exercised to keep the taxpayers up -to the mark, and over a very wide field, a certain amount of dependance -upon the uncontrolled actions of native soldiers (who are the only -regular police in the country) must be permitted those responsible for -the collection of the tax. The most important article of native taxation -in the Upper Congo is unquestionably rubber, and to illustrate the -importance attaching by their superiors to the collection and -augmentation of this tax, the Circular of Governor-General Wahis, -addressed to the Commissionaires de District and Chefs de Zône on the -29th March, 1901, was issued. A copy of that Circular is attached -(Inclosure 8).[20] - -The instructions this Circular conveys would be excellent if coming from -the head of a trading house to his subordinates, but addressed, as they -are, by a Governor-General to the principal officers of his -administration, they reveal a somewhat limited conception of public -duty. Instead of their energies being directed to the government of -their districts, the officers therein addressed could not but feel -themselves bound to consider the profitable exploitation of india-rubber -as one of the principal functions of Government. Taken into account the -interpretation these officials must put upon the positive injunctions of -their chief, there can be little doubt that they would look upon the -profitable production of india-rubber as among the most important of -their duties. The praiseworthy official would be he whose district -yielded the best and biggest supply of that commodity; and, succeeding -in this, the means whereby he brought about the enhanced value of that -yield would not, it may be believed, be too closely scrutinized. - -When it is remembered that the reprimanded officials are the embodiment -of all power in their districts, and that the agents they are authorized -to employ are an admittedly savage soldiery, the source whence spring -the unhappiness and unrest of the native communities I passed through on -the Upper Congo need not be sought far beyond the policy dictating this -Circular. - -I decided, owing to pressure of other duties, to return from -Coquilhatville to Stanley Pool. The last incident of my stay in the -Upper Congo occurred on the night prior to my departure. Late that night -a man came with some natives of the S** district, represented as his -friends, who were fleeing from their homes, and whom he begged me to -carry with me to the French territory at Lukolela. These were L L of T** -and seven others. L L stated that, owing to his inability to meet the -impositions of the Commissaire of the S** district, he had, with his -family, abandoned his home, and was seeking to reach Lukolela. He had -already come 80 miles down stream by canoe, but was now hiding with -friends in one of the towns near Coquilhatville. Part of the imposition -laid upon his town consisted of two goats, which had to be supplied each -month for the white man’s table at S**. As all the goats in his -neighbourhood had long since disappeared in meeting these demands, he -could now only satisfy this imposition by buying in inland districts -such goats as were for sale. For these he had to pay 3,000 rods each -(150 fr.), and as the Government remuneration amounted to only 100 rods -(5 fr.) per goat, he had no further means of maintaining the supply. -Having appealed in vain for the remission of this burden, no other -course was left him but to fly. I told this man I regretted I could not -help him, that his proper course was to appeal for relief to the -authorities of the district; and this failing, to seek the higher -authorities at Boma. This, he said, was clearly impossible for him to -do. On the last occasion when he had sought the officials at S**, he had -been told that if his next tax were not forthcoming he should go into -the “chain gang.” He added that a neighbouring Chief who had failed in -this respect had just died in the prison gang, and that such would be -his fate if he were caught. He added that, if I disbelieved him, there -were those who could vouch for his character and the truth of his -statement; and I told him and his friend that I should inquire in that -quarter, but that it was impossible for me to assist a fugitive. I -added, however, that there was no law on the Congo Statute Book which -forbade him or any other man from travelling freely to any part of the -country, and his right to navigate in his canoe the Upper Congo was as -good as mine in my steamer or any one else’s. He and his people left me -at midnight, saying that unless they could get away with me they did not -think it possible they could succeed in gaining Lukolela. A person at -T**, to whom I referred this statement, informed me that L L’s statement -was true. He said: What L L told you, _re_ price of goats, was perfectly -true. At U** they are 3,000, and here they are 2,500 to 3,000 rods. -Ducks are from 200 to 300 rods. Fowls are from 60 to 100 rods. _Re_ -“dying in the chains,” he had every reason to fear this, for recently -two Chiefs died in the chain, viz., the Chief of a little town above -U**; his crime: because he did not move his houses a few hundred yards -to join them to ... as quickly as the Commissaire thought he should do. -Second, the Chief of T**; crime: because he did not go up every -fortnight with the tax. These two men were chained together and made to -carry heavy loads of bricks and water, and were frequently beaten by the -soldiers in charge of them. There are witnesses to prove this. - -Leaving the township of Coquilhatville on the 11th September, I reached -Stanley Pool on the 15th September. - -I have, &c. -(Signed) R. CASEMENT. - - -Inclosure 1 in No. 3. - -(See p. 29.) - -_Notes on Refugee Tribes encountered in July 1903._ - -Hearing of the L* refugees from I*, I decided to visit the nearest -Settlement of these fugitives, some 20 miles away, to see them for -myself. - -At N* found large town of K*, and scattered through it many small -settlements of L* refugees. The town of N* consists approximately of -seventy-one K* houses, and seventy-three occupied by L*. These latter -seemed industrious, simple folk, many weaving palm fibre into mats or -native cloth; others had smithies, working brass wire into bracelets, -chains, and anklets; some iron-workers making knives. Sitting down in -one of these blacksmith’s sheds, the five men at work ceased and came -over to talk to us. I counted ten women, six grown-up men, and eight -lads and women in this one shed of L*. I then asked them to tell me why -they had left their homes. Three of the men sat down in front of me, and -told a tale which I cannot think can be true, but it seemed to come -straight from their hearts. I repeatedly asked certain parts to be gone -over again while I wrote in my note-book. The fact of my writing down -and asking for names, &c., seemed to impress them, and they spoke with -what certainly impressed me as being great sincerity. - -I asked, first, why they had left their homes, and had come to live in a -strange far-off country among the K*, where they owned nothing, and were -little better than servitors. All, when this question was put, women as -well, shouted out, “On account of the rubber tax levied by the -Government posts.” - -I asked particularly the names of the places whence they had come. They -answered they were from V**. Other L* refugees here at N* were W**, -others again were X**, but all had fled from their homes for the same -reason--it was the “rubber tax.” - -I asked then how this tax was imposed. One of them, who had been -hammering out an iron neck collar on my arrival, spoke first. He said:-- - -“I am N N. These other two beside me are O O and P P, all of us Y**. -From our country each village had to take twenty loads of rubber. These -loads were big: they were as big as this....” (Producing an empty basket -which came nearly up to the handle of my walking-stick.) “That was the -first size. We had to fill that up, but as rubber got scarcer the white -man reduced the amount. We had to take these loads in four times -a-month.” - -_Q._ “How much pay did you get for this?” - -_A._ (Entire audience.) “We got no pay! We got nothing!” - -And then N N, whom I asked, again said:-- - -“Our village got cloth and a little salt, but not the people who did the -work. Our Chiefs eat up the cloth; the workers got nothing. The pay was -a fathom of cloth and a little salt for every big basket full, but it -was given to the Chief, never to the men. It used to take ten days to -get the twenty baskets of rubber--we were always in the forest and then -when we were late we were killed. We had to go further and further into -the forest to find the rubber vines, to go without food, and our women -had to give up cultivating the fields and gardens. Then we starved. Wild -beasts--the leopards--killed some of us when we were working away in the -forest, and others got lost or died from exposure and starvation, and we -begged the white man to leave us alone, saying we could get no more -rubber, but the white men and their soldiers said: ‘Go! You are only -beasts yourselves, you are nyama (meat).’ We tried, always going further -into the forest, and when we failed and our rubber was short, the -soldiers came to our towns and killed us. Many were shot, some had their -ears cut off; others were tied up with ropes around their necks and -bodies and taken away. The white men sometimes at the posts did not -know of the bad things the soldiers did to us, but it was the white men -who sent the soldiers to punish us for not bringing in enough rubber.” - -Here P P took up the tale from N N:-- - -“We said to the white men, ‘We are not enough people now to do what you -want us. Our country has not many people in it and we are dying fast. We -are killed by the work you make us do, by the stoppage of our -plantations, and the breaking up of our homes.’ The white man looked at -us and said: ‘There are lots of people in Mputu’” (Europe, the white -man’s country). “‘If there are lots of people in the white man’s country -there must be many people in the black man’s country.’ The white man who -said this was the chief white man at F F*, his name was A B, he was a -very bad man. Other white men of Bula Matadi who had been bad and wicked -were B C, C D, and D E.” “These had killed us often, and killed us by -their own hands as well as by their soldiers. Some white men were good. -These were E F, F G, G H, H I, I K, K L.” - -These ones told them to stay in their homes and did not hunt and chase -them as the others had done, but after what they had suffered they did -not trust more any one’s word, and they had fled from their country and -were now going to stay here, far from their homes, in this country where -there was no rubber. - -_Q._ “How long is it since you left your homes, since the big trouble -you speak of?” - -_A._ “It lasted for three full seasons, and it is now four seasons since -we fled and came into the K* country.” - -_Q._ “How many days is it from N* to your own country?” - -_A._ “Six days of quick marching. We fled because we could not endure -the things done to us. Our Chiefs were hanged, and we were killed and -starved and worked beyond endurance to get rubber.” - -_Q._ “How do you know it was the white men themselves who ordered these -cruel things to be done to you? These things must have been done without -the white man’s knowledge by the black soldiers.” - -_A._ (P P): “The white men told their soldiers: ‘You kill only women; -you cannot kill men. You must prove that you kill men.’ So then the -soldiers when they killed us” (here he stopped and hesitated, and then -pointing to the private parts of my bulldog--it was lying asleep at my -feet), he said: “then they cut off those things and took them to the -white men, who said: ‘It is true, you have killed men.’” - -_Q._ “You mean to tell me that any white man ordered your bodies to be -mutilated like that, and those parts of you carried to him?” - -P P, O O, and all (shouting): “Yes! many white men. D E did it.” - -_Q._ “You say this is true? Were many of you so treated after being -shot?” - -All (shouting out): “Nkoto! Nkoto!” (Very many! Very many!) - -There was no doubt that these people were not inventing. Their -vehemence, their flashing eyes, their excitement, was not simulated. -Doubtless they exaggerated the numbers, but they were clearly telling -what they knew and loathed. I was told that they often became so furious -at the recollection of what had been done to them that they lost control -over themselves. One of the men before me was getting into this state -now. - -I asked whether L* tribes were still running from their country, or -whether they now stayed at home and worked voluntarily. - -N N answered: “They cannot run away now--not easily; there are sentries -in the country there between the Lake and this; besides, there are few -people left.” - -P P said: “We heard that letters came to the white men to say that the -people were to be well treated. We heard that these letters had been -sent by the big white men in ‘Mputu’ (Europe); but our white men tore up -these letters, laughing, saying: ‘We are the “basango” and “banyanga” -(fathers and mothers, _i.e._, elders). Those who write to us are only -“bana” (children).’ Since we left our homes the white men have asked us -to go home again. We have heard that they want us to go back, but we -will not go. We are not warriors, and do not want to fight. We only want -to live in peace with our wives and children, and so we stay here among -the K*, who are kind to us, and will not return to our homes.” - -_Q._ “Would you not like to go back to your homes? Would you not, in -your hearts, all wish to return?” - -_A._ (By many.) “We loved our country, but we will not trust ourselves -to go back.” - -P P: “Go, you white men, with the steamer to I*, and see what we have -told you is true. Perhaps if other white men, who do not hate us, go -there, Bula Matadi may stop from hating us, and we may be able to go -home again.” - -I asked to be pointed out any refugees from other tribes, if there were -such, and they brought forward a lad who was a X**, and a man of the -Z**. These two, answering me, said there were many with them from their -tribes who had fled from their country. - - * * * * * - -Went on about fifteen minutes to another L* group of houses in the midst -of the K* town. Found here mostly W**, an old Chief sitting in the open -village Council-house with a Z** man and two lads. An old woman soon -came and joined, and another man. The woman began talking with much -earnestness. She said the Government had worked them so hard they had -had no time to tend their fields and gardens, and they had starved to -death. Her children had died; her sons had been killed. The two men, as -she spoke, muttered murmurs of assent. - -The old Chief said: “We used to hunt elephants long ago, there were -plenty in our forests, and we got much meat; but Bula Matadi killed the -elephant hunters because they could not get rubber, and so we starved. -We were sent out to get rubber, and when we came back with little rubber -we were shot.” - -_Q._ “Who shot you?” - -_A._ “The white men ... sent their soldiers out to kill us.” - -_Q._ “How do you know it was the white man who sent the soldiers? It -might be only these savage soldiers themselves.” - -_A._ “No, no. Sometimes we brought rubber into the white man’s stations. -We took rubber to D E’s station, E E*, and to F F* and to ...’s station. -When it was not enough rubber the white man would put some of us in -lines, one behind the other, and would shoot through all our bodies. -Sometimes he would shoot us like that with his own hand; sometimes his -soldiers would do it.” - -_Q._ “You mean to say you were killed in the Government posts themselves -by the Government white men themselves, or under their eyes?” - -_A._ (Emphatically.) “We were killed in the stations of the white men -themselves. We were killed by the white man himself. We were shot before -his eyes.” - -The names D E, B C, and L M, were names I heard repeatedly uttered. - -The Z** man said he, too, had fled; now he lived at peace with the K*. - -The abnormal refugee population in this one K* town must equal the -actual K* population itself. On every hand one finds these refugees. -They seem, too, to pass busier lives than their K* hosts, for during all -the hot hours of the afternoon, wherever I walked through the town--and -I went all through N* until the sun set--I found L* weavers, or iron and -brass workers, at work. - -Slept at M M’s house. Many people coming to talk to us after dark. - -Left N* about 8 to return to the Congo bank. On the way back left the -main path and struck into one of the side towns, a village called A A*. -This lies only some 4 or 5 miles from the river. Found here thirty-two -L* houses with forty-three K*, so that the influx of fugitives here is -almost equal to the original population. Saw many L*. All were -frightened, and they and the K* were evidently so ill at ease that I did -not care to pause. Spoke to one or two men only as we walked through the -town. The L* drew away from us, but on looking back saw many heads -popped out of doors of the houses we had passed. - -Got back to steamer about noon. - - * * * * * - -Heard that L* came sometimes to M* from I*. I am now 100 miles (about) -up-river from N*. Went into one of the M* country farm towns called B -B*. Found on entering plantation two huts with five men and one woman, -who I at once recognized by their head-dress as L*, like those at N*. -The chief speaker, a young man named ... who lives at B B*. He seems -about 22 or 23, and speaks with an air of frankness. He says: “The L* -here and others who come to M*, come from a place C C*. It is connected -with the lake by a stream. His own town in the district of C C* is D D*. -C C* is a big district and had many people. They now bring the -Government india-rubber, kwanga, and fowls, and work on broad paths -connecting each village. His own village has to take 300 baskets of -india-rubber. They get one piece of cotton cloth, called locally sanza, -and no more.” (Note.--This cannot be true. He is doubtless -exaggerating.) Four other men with him were wearing the rough palm-fibre -cloth of the country looms, and they pointed to this as proof that they -got no cloth for their labours. K K continuing said: “We were then -killed for not bringing in enough rubber.” - -_Q._ “You say you were killed for not bringing in rubber. Were you ever -mutilated as proof that the soldiers had killed you?” - -_A._ “When we were killed the white man was there himself. No proof was -needed. Men and women were put in a line with a palm tree and were -shot.” - -Here he took three of the four men sitting down and put them one in line -behind the other, and said: “The white men used to put us like that and -shoot all with one cartridge. That was often done, and worse things.” - -_Q._ “But how, if you now have to work so hard, are you yourselves able -to come here to M* to see your friends?” - -_A._ “We came away without the sentries or soldiers knowing, but when we -get home we may have trouble.” - -_Q._ “Do you know the L* who are now at N*?” (Here I gave the names of N -N, O O, and P P.) - -_A._ “Yes; many L* fled to that country. N N we know ran away on account -of the things done to them by the Government white men. The K* and L* -have always been friends. That is why the L* fled to them for refuge.” - -_Q._ “Are there sentries or soldiers in your villages now?” - -_A._ “In the chief villages there are always four soldiers with rifles. -When natives go out into the forest to collect rubber they would leave -one of their number behind to stay and protect the women. Sometimes the -soldiers finding him thus refused to believe what he said, and killed -him for shirking his work. This often happens.” - -Asked how far it was from M* to their country they say three days’ -journey, and then about two days more on to I* by water, or three if by -land. They begged us to go to their country, they said: “We will show -you the road, we will take you there, and you will see how things are, -and that our country has been spoiled, and we are speaking the truth.” - -Left them here and returned to the river bank. - - * * * * * - -The foregoing entries made at the time in my note-book seemed to me, if -not false, greatly exaggerated, although the statements were made with -every air of conviction and sincerity. I did not again meet with any -more L* refugees, for on my return to G* I stayed only a few hours. A -few days afterwards, while I was at Stanley Pool, I received further -evidence in a letter of which the following is an extract:-- - - * * * * * - -“I was sorry not to see you as you passed down, and so missed the -opportunity of conveying to you personally a lot of evidence as to the -terrible maladministration practised in the past in the district. I saw -the official at the post of E E*. He is the successor of the infamous -wretch D E, of whom you heard so much yourself from the refugees at N*. -This D E was in this district in ..., ..., and ..., and he it was that -depopulated the country. His successor, M N, is very vehement in his -denunciations of him, and declares that he will leave nothing undone -that he can do to bring him to justice. He is now stationed at G G*, -near our station at H H*. Of M N I have nothing to say but praise. In a -very difficult position he has done wonderfully. The people are -beginning to show themselves and gathering about the many posts under -his charge. M N told me that when he took over the station at E E* from -D E he visited the prison, and almost fainted, so horrible was the -condition of the place and the poor wretches in it. He told me of many -things he had heard of from the soldiers. Of D E shooting with his own -hand man after man who had come with an insufficient quantity of rubber. -Of his putting several one behind the other and shooting them all with -one cartridge. Those who accompanied me, also heard from the soldiers -many frightful stories and abundant confirmation of what was told us at -N* about the taking to D E of the organs of the men slain by the -sentries of the various posts. I saw a letter from the present officer -at F F* to M N, in which he upbraids him for not using more vigorous -means, telling him to talk less and shoot more, and reprimanding him for -not killing more than one in a district under his care where there was a -little trouble. M N is due in Belgium in about three months, and says he -will land one day and begin denouncing his predecessor the next. I -received many favours from him, and should be sorry to injure him in any -way.... He has already accepted a position in one of the Companies, -being unable to continue longer in the service of the State. I have -never seen in all the different parts of the State which I have visited -a neater station, or a district more under control than that over which -this M N presides. He is the M N the people of N* told us of, who they -said was kind. - -“If I can give you any more information, or if there are any questions -you would like to put to me, I shall be glad to serve you, and through -you these persecuted people.” - -From a separate communication, I extract the following paragraphs:-- - -“...I heard of some half-dozen L* who were anxious to visit their old -home, and would be willing to go with me; so, after procuring some -necessary articles in the shape of provisions and barter, I started from -our post at N*. It was the end of the dry season, and many of the -water-courses were quite dry, and during some days we even found the -lack of water somewhat trying. The first two days’ travelling was -through alternating forest and grass plain, our guides, as far as -possible, avoiding the villages.... Getting fresh guides from a little -village, we got into a region almost entirely forested, and later -descended into a gloomy valley still dripping from the rain. According -to our guides we should soon be through this, but it was not until the -afternoon of the second day after entering that we once more emerged -from the gloom. Several times we lost the track, and I had little -inclination to blame the guides, for several times the undergrowth and a -species of thorn palm were trodden down in all directions by the -elephants. It would seem to be a favourite hunting ground of theirs, and -once we got very close to a large herd who went off at a furious pace, -smashing down the small trees, trumpeting, and making altogether a most -terrifying noise. The second night in this forest we came across, when -looking for the track, a little village of runaways from the rubber -district. When assured of our friendliness they took us in and gave us -what shelter they could. During the night another tornado swept the -country and blew down a rotten tree, some branches of which fell in -amongst my tent and the little huts in which some of the boys were -sleeping. It was another most narrow escape. - -“Early the next day we were conducted by one of the men of this village -to the right road, and very soon found ourselves travelling along a -track which had evidently been, at only a recent date, opened up by a -number of natives. ‘What was it?’ ‘Oh! it is the road along which we -used to carry rubber to the white men.’ ‘But why used to?’ ‘Oh, all the -people have either run away, or have been killed or died of starvation, -and so there is no one to get rubber any longer.’ - -“That day we made a very long march, being nearly nine and a-half hours -walking, and passing through several other large depopulated districts. -On all sides were signs of a very recent large population, but all was -as quiet as death, and buffaloes roamed at will amongst the still -growing manioc and bananas. It was a sad day, and when, as the sun was -setting, we came upon a large State post we were plunged into still -greater grief. True, there was a comfortable house at our service, and -houses for all the party; but we had not been long there before we found -that we had reached the centre of what was once a very thickly populated -region, known as C C*, from which many refugees in the neighbourhood of -G* had come. It was here a white man, known by the name of D E, -lived.... He came to the district, and, after seven months of diabolical -work, left it a waste. Some of the stories current about him are not fit -to record here, but the native evidence is so consistent and so -universal that it is difficult to disbelieve that murder and rapine on a -large scale were carried on here. His successor, a man of a different -nature, and much liked by the people, after more than two and a-half -years has succeeded in winning back to the side of the State post a few -natives, and there I saw them in their wretched little huts, hardly able -to call their lives their own in the presence of the new white man -(myself), whose coming among them had set them all a-wondering. From -this there was no fear of losing the track. For many miles it was a -broad road, from 6 to 10 feet in width, and wherever there was a -possibility of water settling logs were laid down. Some of these -viaducts were miles in length, and must have entailed immense labour; -whilst rejoicing in the great facility with which we could continue our -journey, we could not help picturing the many cruel scenes which, in all -probability, were a constant accompaniment to the laying of these huge -logs. I wish to emphasize as much as possible the desolation and -emptiness of the country we passed through. That it was only very -recently a well-populated country, and, as things go out here, rather -more densely than usual, was very evident. After a few hours we came to -a State rubber post. In nearly every instance these posts are most -imposing, some of them giving rise to the supposition that several white -men were residing in them. But in only one did we find a white man--the -successor of D E. At one place I saw lying about in the grass -surrounding the post, which is built on the site of several very large -towns, human bones, skulls, and, in some places, complete skeletons. On -inquiring the reason for this unusual sight: ‘Oh!’ said my informant, -‘When the bambote (soldiers) were sent to make us cut rubber there were -so many killed we got tired of burying, and sometimes when we wanted to -bury we were not allowed to.’ - -“‘But why did they kill you so?’ - -“‘Oh! sometimes we were ordered to go, and the sentry would find us -preparing food to eat while in the forest, and he would shoot two or -three to hurry us along. Sometimes we would try and do a little work on -our plantations, so that when the harvest time came we should have -something to eat, and the sentry would shoot some of us to teach us that -our business was not to plant but to get rubber. Sometimes we were -driven off to live for a fortnight in the forest without any food and -without anything to make a fire with, and many died of cold and hunger. -Sometimes the quantity brought was not sufficient, and then several -would be killed to frighten us to bring more. Some tried to run away, -and died of hunger and privation in the forest in trying to avoid the -State posts.’ - -“‘But,’ said I, ‘if the sentries killed you like that, what was the use? -You could not bring more rubber when there were fewer people.’ - -“‘Oh! as to that, we do not understand it. These are the facts.’ - -“And looking around on the scene of desolation, on the untended farms -and neglected palms, one could not but believe that in the main the -story was true. From State sentries came confirmation and particulars -even more horrifying, and the evidence of a white man as to the state of -the country--the unspeakable condition of the prisons at the State -posts--all combined to convince me over and over again that, during the -last seven years, this ‘domaine privé’ of King Leopold has been a -veritable ‘hell on earth.’ - -“The present régime seems to be more tolerable. A small payment is made -for the rubber now brought in. A little salt--say a pennyworth--for 2 -kilogrammes of rubber, worth in Europe from 6 to 8 fr. The collection is -still compulsory, but, compared with what has gone before, the natives -consider themselves fairly treated. There is a coming together of -families and communities and the re-establishment of villages; but oh! -in what sadly diminished numbers, and with what terrible gaps in the -families.... Near a large State post we saw the only large and -apparently normal village we came across in all the three weeks we spent -in the district. One was able to form here some estimate of what the -population was before the advent of the white man and the search for -rubber....” - - * * * * * - -It will be observed that the devastated region whence had come the -refugees I saw at N*, comprises a part of the “Domaine de la Couronne.” - - -Inclosure 2 in No. 3. - -(See p. 29.) - -(A.) - -_The Rev. J. Whitehead to Governor-General of Congo State._ - -Dear Sir, - -_Baptist Missionary Society, Lukolela, July 28, 1903._ - -I HAVE the honour to acknowledge the receipt of the Circular and the -List of Questions respecting the sleep sickness sent through the Rev. J. -L. Forfeitt. - -I hasten to do my best in reply, for the matter is of paramount -importance, and I trust that if I may seem to trespass beyond my limits -in stating my opinions in reference to this awful sickness and matters -kindred thereto, my zeal may be interpreted as arising from excessive -sorrow and sympathy for a disappearing people. I believe I shall be -discharging my duty to the State and His Majesty King Leopold II, whose -desire for the facts in the interests of humanity have long been -published, if I endeavour to express myself as clearly as I can -regarding the necessities of the natives of Lukolela. - -The population of the villages of Lukolela in January 1891 must have -been not less than 6,000 people, but when I counted the whole population -in Lukolela at the end of December 1896 I found it to be only 719, and I -estimated from the decrease, as far as we could count up the number of -known deaths during the year, that at the same rate of decrease in ten -years the people would be reduced to about 400, but judge of my -heartache when on counting them all again on Friday and Saturday last to -find only a population of 352 people, and the death-rate rapidly -increasing. I note also a decrease very appallingly apparent in the -inland districts during the same number of years; three districts are -well-nigh swept out (these are near to the river), and others are -clearly diminished; so that if something is not soon done to give the -people heart and remove their fear and trembling (conditions which -generate fruitfully morbid conditions and proneness to attacks of -disease), doubtless the whole place will be very soon denuded of its -population. The pressure under which they live at present is crushing -them; the food which they sadly need themselves very often must, under -penalty, be carried to the State post, also grass, cane string, baskets -for the “caoutchouc” (the last three items do not appear to be paid -for); the “caoutchouc” must be brought in from the inland districts; -their Chiefs are being weakened in their prestige and physique through -imprisonment, which is often cruel, and thus weakened in their authority -over their own people, they are put into chains for the shortage of -manioc bread and “caoutchouc.” - -In the riverine part of Lukolela we have done our very best as -non-official members of the State to cope with disease in every way -possible to us; but so far the officials of the State have never -attempted even the feeblest effort to assist the natives of Lukolela to -recover themselves or guard themselves in any way from disease. In times -of small-pox, when no time can be lost in the interests of the -community, I have, perhaps, gone sometimes beyond my rights as a private -citizen in dealing with it. But there has always been the greatest -difficulty in getting food for them (the patients) and nurses for them, -even when the people were not compelled to take their food supply to the -State post, but when food supplies and labour are compressed into one -channel all voluntary philanthropy is paralyzed. It is quite in vain for -us to teach these poor people the need of plenty of good food, for we -appear to them as those who mock; they point to the food which must be -taken to the post. A weekly tax of 900 brass rods’ worth of manioc bread -from 160 women, half of whom are not capable of much hard and continuous -work, does not leave much margin for them to listen to teaching -concerning personal attention in matters of food. At present they are -compelled to supply a number of workmen, and some of these are retained -after their terms are completed against their will; the villages need -the presence of their men, there are at present but eighty-two in the -villages of Lukolela, and I can see the shadow of death over nearly -twenty of them.[21] - -The inland people and their Chiefs tremble when they must go down to the -river, so much has been done latterly to shake their confidence, and -this fear is not strengthening them physically, but undermining their -constitutions, such as they are. They hate the compulsory “caoutchouc” -business, and they naturally do their best to get away from it. If -something is not quickly done to give these timid and disheartened -people contentment and their home life assured to them, sickness will -speedily remove many, and those who remain will look upon the white man, -of whatever nation or position, as their natural enemy (it is not far -from that now). Some have already sworn to die, be killed, or anything -else rather than be forced to bring in “caoutchouc,” which spells -imprisonment and subsequent death to them; what they hear as having been -done they quite understand can be done to them, so they conclude they -may as well die first as last. The State has fought with them twice -already, if not more; but it is useless, they will not submit. A cave of -Adullam is a thing not always easily reckoned with. - -May I be permitted to seize the present opportunity of respectfully -pleading on behalf of this people that their rights be respected, and -that the attention as of a father to his children be sympathetically -shown them? May I also be permitted to place before you a few -suggestions which have been impelled into my mind face to face with this -dying people of what is their need while medical inquiry goes forward, -please God, to master this terrible scourge? I suggest the following as -immediately needful for the riverine people:-- - -1. That the present small population of Lukolela be requested to vacate -the present site of their dwellings, and form a community on the -somewhat higher ground at present used for gardens, the soil of which -has been impoverished by years of manioc growing. This is known by the -name Ntomba; and that they be requested to clear the undergrowth on the -beach, the sites of their present dwellings, and plant bananas, &c. - -2. That no one known to have sleep-sickness be permitted to dwell on the -new site; but all be removed to a site lower down the river; and that it -shall be the duty of the people to supply their sick with the necessary -food and caretakers. The islands are unsuitable, being uninhabitable for -a large part of the year. - -3. That they be compelled to bury their dead at a considerable distance -from the dwellings, and to bury them in graves at least a fathom deep, -and not as at present in shallow graves in close proximity to the -houses. - -4. That they be encouraged to build higher houses with more apertures -for the ingress of sunshine and air in the daytime, and with floors -considerably raised above the outside ground. - -5. That a strong endeavour be made to get them to provide better latrine -arrangements. - -6. That they be encouraged to give up eating and drinking together from -the same dish or vessel in common. - -7. That the men be encouraged to follow their old practices of hunting, -fishing, blacksmithing, &c., and with the women care for their gardens -and homes, and that they be given every protection in these duties and -in the holding of their property against the State soldiers and workmen -and everybody else that wants to interfere with their rights. - -8. All the foregoing they will not be able to do unless the present -compulsory method of acquiring their labour and their food by the State -is exchanged for a voluntary one. - -9. That the Chiefs or present chief representatives of the deceased -Chiefs among whom the land was divided before the State came into -existence (I believe about three will be found at Lukolela itself) be -recognized as the executive of these matters, and that they be requested -to devote their levies (restored as of old) made on the produce, &c., of -their lands to the betterment of their towns and district, by making -roads through their lands, &c. - -10. To appoint sentries to carry out either the above or any other -beneficent rules in any of the villages would be to endeavour to mend -the present deplorable condition with an evil a hundred-fold worse. - -All the above suggestions adjusted to suit the locality are equally -applicable to the inland districts. - -In answering the list of questions I would say:-- - -1. Sleep-sickness is sadly only too well known at Lukolela. It is -prevalent in the whole of the riverine and inland districts. In the -inland districts I am not yet able to say whether it is more prevalent -than in the riverine one; that can only be ascertained by a more -prolonged residence there than as yet I have had opportunity to make. In -the riverine district I estimate that quite half of the deaths are from -sleep-sickness. The cases do not occur in batches like cases of -small-pox and measles do; there are too many in a given place unaffected -at one time. It will, however, gradually sweep away whole families. The -common notion among the natives is that the sickness came from -down-river; and it was prevalent, though not to such an extent as now, -as far back as the oldest people I have met can remember. Before our -Mission was founded here a suspected case would be thrown into the -river; but inland I do not think there is any evidence to show that they -did otherwise than to-day--nurse their sick perfectly, heedless of the -contagion in respect of them (the nurses) or their friends, and, as they -do on the beach, bury their dead close to their houses, and in some -cases live on the top of the graves. - -2. From my own observation (since January 1891) the sickness is endemic; -in the riverine villages the death-rate slowly increased until 1894, -when the people quite lost heart and felt their homes were no longer -secure to them, and then hunger, improper food, fear, and homelessness -appeared to increase the death-rate from sleep-sickness and other causes -most appallingly, and the rate has still further increased, especially -during the last two years. The fewer the population becomes the -proportionate rate of death increases most fearfully. - -3. The district of Lukolela may be described as follows: The beach line -is wooded, broken by one or two creeks, one of which winds for a -considerable distance inland to a district which can be reached overland -by a journey of at least three days at the shortest. There is more or -less of low-lying land connected with the creeks. The 6 miles below the -Mission station is lower than the 8 miles above. The highest point of -our land is about 19 metres above high-water level, and possibly there -is a further rise of 3 metres or so further up stream. The ground which -I suggest the people be removed to may be on an average about 12 to 15 -metres above high-water level. This ridge of river bank shelves down -into low-wooded land and grass plains which are flooded at high water, -though for the most part dry at the lowest ebb; then behind these rise -small plateaus separated by low valleys of wooded and grassy land. From -the pools and streams of this low ground the people get most of their -fish; even when the river is at medium height a journey between the -various plateaus where the villages and farms are found requires about -half the time to be spent in wading, sometimes breast deep. - -4. A large proportion of the population is comprised of slaves, mostly -from the tributaries of the Equator district, some from the Mobsi, -Likuba, and Likwala peoples on the north bank, some from Ngombe below -Irebu, some from as far as the district of Lake Léopold II and other -places. All the tribes represented seem equally affected, and neither -slave nor freeman seems to have preferential treatment. - -5. To an ordinary observer the men, women, and children appear to be -affected alike. It is not easy to always differentiate the sickness from -other maladies, for often it may be that the malady gives rise to -various complications; these complications are extremely intractable if -sleep-sickness be present. When a man in the prime of life has his -prestige and spirit broken through fear and punishment he loses interest -in his home, refuses to take food and drink; a sleep-sickness patient -will do the same. With the women in all cases we have known there is -also present amenorrhœa; sometimes treatment for this has restored -the patient in this respect for a time, but there has in all cases we -have known of this sort been a relapse; so whether the patient died of -one or the other would be difficult to say. - -6. The well-fed do not seem to fall before the scourge so rapidly as the -ill-fed. The progress of the disease seems to us considerably slower as -a rule with those who take care of their food and habits, but it attacks -even the most scrupulously attentive to these matters. - -There is a very bad practice amongst them: they will go sometimes days -without eating, although they may have manioc and plantain, and other -foods from the soil at hand, simply because they have no fish or flesh -to eat with them; sometimes they pinch themselves in food to retain -their brass rods for the purchase of some coveted article. The natives -to-day are not so careful in the preparation of food, and it is more -hastily performed; the manioc is eaten as nearly the raw state as they -dare use it. The bitter manioc is mostly grown, as the yield from it is -greater than from any other kind. Plantains are largely eaten roasted, -and boiled, and beaten into a pudding. Palm-nuts, too, they are very -fond of, and the oil forms a good part of the cooked foods. They use, -especially in the absence of fish or flesh, the leaves of the manioc, -which are bruised and boiled; in nearly every case, however, head-and -stomach-ache follow, which pass off in a few days if bowels be active. -Well-peppered food they enjoy, and rotten fish and flesh they do not, as -a rule, despise. Their dried fish, of which a large quantity is eaten, -is not by any means always free from maggots. Elephant meat seems to -give them diarrhœa; dog-headed bats similarly; hippo meat generally -produces slight constipation. I am afraid a good deal of disease is -passed from person to person in the preparation of food. There is a -great deal of eating together and drinking together from one and the -same vessel; they dip their hands in the mess prepared as they sit round -the pot, and I cannot say that they are too careful of the condition of -their hands at the time. Clothing is usually scant except for -decoration; hence the colder the weather the less the clothing, the -brighter and warmer the more they carry. Washing is not a very frequent -exercise among the natives. They like, as a rule, teeth kept clean, -washing them every day and after every meal. They like to smear their -bodies with oil and camwood. The hair is left undressed or dressed as -the case may be for weeks at a time without further cleansing. Sleeping -is mostly done on raised constructions of sticks, varying from half -a-foot from the ground to about 3 feet or so. I am afraid that not much -in the way of covering is used while sleeping, a blanket being mostly -worn during the day as an article of fine clothing. Many, especially -those in temporary residence, sleep on the ground floor with only a mat -intervening. Jiggers, bugs, mosquitos, and vermin abound in their houses -on the beach, but jiggers are not so plentiful, and mosquitos very rare -inland. The inland people take great care of their water sources, but on -the beach the river water is largely used, and this is of a dark brown -colour; some is taken from the creeks, but it is very impure, abounding -with decayed vegetation and clay, and some from springs, such as they -are, and these are only surface drainings over the clayey subsoil. The -sweepings of their huts and refuse from their food is not thrown far -away, sometimes even being quite close up against one of the walls of -the hut. In the daytime they relieve themselves in the nearest sheltered -spot without further discrimination, and these places, in the present -uncleared character of their surroundings, are very close at hand; in -the night time they are not so particular, but will even relieve -themselves in the open, and on the paths trod by every one. The common -belief is that the disease is communicated by means of the secretions, -and yet, strange to say, the natives take scarcely any precautions. - -7. All the cases we have known have been fatal. We have thought -sometimes we have done good with iodide of potassium and cod-liver oil, -but if it did any good at all it was only very temporary. We judge from -our observations that from the first symptoms which appear to be mental -ones, the best cared for cases last for from one to three years. Others -in which food is soon refused and neglect is suffered may speedily -terminate in a few months, or even weeks, from the first certain -indications. The first symptoms seem to be mental, the balance of -thought fails at intervals, then come the physical signs of pain in the -lower part of the back; often thought here to be piles, and they seek -the usual remedies for this; later the pain extends to the whole back -and then to the head, especially at the back of the neck, and drowsiness -steals over the patient at inconvenient times, often the eyes become -staring, the face assumes a haggard appearance, and anæmia casts its -pallor over the whole body; intelligence rapidly diminishes, and often -the patient dies foaming at the mouth; if burial does not take place -quickly maggots soon make their appearance in the body. When the natives -begin to stuff their remedies up their patient’s nostrils to take away -the “confusion of eyes” (a phrase which they use to describe a person -going out of his senses) the patient will very likely become violently -deranged, and then he has to be forcibly restrained in stocks or -otherwise. - -Isolation is undoubtedly the first thing to do, but when to begin the -isolation is a difficulty, and when that is settled to maintain the -isolation is still a greater one. The patients could not be left to die, -they would need food, attending to (for they become so helpless -latterly) and burying, and almost all who undertook that work would be -sure eventually to succumb. To get a person here, however, to look after -somebody else’s relative is a well nigh impossibility by moral suasion. - -I should have noted above that the experiment of better houses, such as -the youths and workmen have built in the little village adjoining the -Mission station (wattle and daub, with good high roofs), have given no -benefit whatever. Very few of them will be able to remain for more than -one or two years; the occupants are showing signs that are ominous; we -shall need to burn them down at the decease of the occupants. - -Apologizing for trespassing on your attention at so great a length, I -beg you to accept, &c. - -(Signed) JOHN WHITEHEAD - - -(B.) - -_The Rev. J. Whitehead to Governor-General of Congo State._ - -_Baptist Missionary Society, Lukolela, Haut Congo, - September 7, 1903._ - -Dear Sir, - -I have recently paid a visit, along with my wife, to the inland district -of Lukolela, and I have had related to me such accounts, and have myself -seen such evidence of what seems to me both illegal and cruel -occurrences, that my blood had been made to boil with indignation and -abhorrence. I take upon myself the humanitarian duty, which is truly the -call of God, to supplement my letter to you on the subject of -sleep-sickness and the general decline of these peoples, and confirm -some of my statements by the presentation of facts of which I have the -knowledge. It may be that in some of my statements I may be trusting to -bruised reeds, but, as far as possible, I am persuaded of the truth of -what I present to your consideration. - -On the 16th August, 1902, I called the attention of the -Commissaire-Général at Léopoldville to a murder which had been committed -by a soldier by shooting two men while still in the chain. They had -been sent, in addition, to a youth who was walking unchained to draw -water from a pool some 2 kilom. distant from the lower post of Lukolela -by a telegraph clerk named M. Gadot (M. de Becker being the Chef de -Poste resident at the upper station). The unchained youth was flogged by -the soldier by a chicotte taken from a house on the way, and the youth -fled, and the soldier shot the two men left. My letter was taken down -river by a steamer which passed here in course of a week. Nothing was -done by the men in charge of the posts here until, by letter of the 15th -September, 1902, I was requested by the Chef de Poste to send up my -witnesses. Those witnesses could have been had the same day of the deed -if the officers had done their duty. I went up with such witnesses as I -was able to get together, and their evidence was taken. Nothing more was -heard of the matter until the 24th April of this year, when I received a -note from the State Agent here asking for certain people attached to our -station, whose names he gave. He did not mention the reason of their -being required at Léopoldville, but I guessed the reason. I was only -able to send one of them, one other having returned to his home, and -another being near to death. The man resident in the village, who was -one of the witnesses I took up previously, was sent for to the State -post and detained, and not allowed to return to make any provision of -his journey to the pool. My apprentice and this man went down to the -pool to bear witness concerning that murder; on the way the captain of -the steamer ordered them off to carry and cut firewood; they demurred, -naturally, but for peace sake did a little. In a storm of rain the -shelter of the large steamer was denied them, and they spent the night -sitting on the beach--the two of them beneath one frail umbrella. When -they arrived at the pool, no one seemed to know why they had come; they -were sent from pillar to post, then there seems to have been discovered -some reason or other to interrogate them. The soldier concerned was with -his fellows just the same as though there was no trial, and had, indeed, -been no wrong done. But for the friendly offices of a sister Mission -these two witnesses would have fared very badly during the six weeks -they were detained at Léopoldville; they were practically shelterless -and unfed; even as it was, they were hungry enough. At length they -returned by our Mission steamer. It seems that the only sufferers in the -matter were myself, in the loss of my apprentice for six weeks, and his -loss of six weeks’ wages, together with his considerable discomfort and -the loss of the man from the village--not much, perhaps, in the eyes of -the officials of the State, but much to them; then all their suffering -is easily traceable to myself, for if I had not drawn the Commissaire’s -attention to the murder no witnesses would have been necessary, for who -would have mentioned it? Considering the way in which this matter was -dealt with, and the witnesses I produced were treated, I hesitate to -bring other matters to light. The treatment these witnesses received -only strengthens the distrust of the State, which, in this place, -everywhere abounds. I therefore appeal for just treatment of witnesses -and those who bring wrong-doing to light. - -On the 6th March, 1903, I reported to the State Agent here (M. Lecomte) -that I had seen at Mibenga a Chief, named Mopali, of Ngelo, who had been -carried from the Lukolela post, where he had been imprisoned, so as to -induce his village to bring more rubber. His head was wounded as with an -iron instrument of some kind, his lips were swollen as if from a severe -blow, and his legs were damaged as with blows from sticks. He and his -bearer asserted that these wounds were given him while he was chained -and made to carry firewood. M. Lecomte replied that the man had been -seen by him before he left, and he was then all right and asked for my -witnesses. I replied that the man himself and bearer were my informants. -He said he wished to trace the doers of the deed. Nothing more was heard -of the matter, so later I acquainted the Directeur-Général at -Léopoldville by letter, dated the 10th July, of the facts. Meanwhile, up -to the present, I have heard of nothing being done in the matter, only a -repetition of a similar case. - -I was at the village of Mopali on the 18th August, and I inquired for -the poor fellow; some said he was dead, but most said that he had been -carried by his wife, at his own request, away out of the way, so that he -should not be found. He was afraid of the State chaining him again. From -them I heard he had been even worse maltreated than at first I knew; -they told me that his feet had been cut so that he despaired of walking -again, and those who had seen him last said he got along by dragging -himself along on his buttocks. I asked them pointedly whether they heard -from Mopali where he got his wounds; was it not after he left the white -man’s presence? With one voice the little crowd I asked replied, “No; he -received those wounds while in the chain.” I gathered also that at first -they were forced to take five baskets of rubber, and to make them take -ten they had chained up Mopali, and that two more baskets had been -recently added. - -I learnt also that the youth who had run away from the soldier on the -occasion of the murder of the two chained prisoners was dead. I asked -how it was he was imprisoned at the post; they explained that he was -taken to free his master from the chain, which had been put round his -neck, to get more rubber from his village, and both youth and master -were since dead. They recounted these things to me, and asked me if they -were just. A case-hardened Jesuit would find it difficult to say yes. I -could only blush with shame and say they were unjust. - -On the 17th August, at Mibenga, the Chief, Lisanginya, made a statement -to me in the presence of others, to the following effect: They had taken -the usual tax of eight baskets of rubber, and he was sent for (I think -it was the 8th June when he passed on his way through our station), and -the white man (M. Lecomte, M. Gadot also being present) said the baskets -were too few, and that they must bring other three; meanwhile, they put -the chain round his neck, the soldiers beat him with sticks, he had to -cut firewood, to carry heavy junks, and to haul logs in common with -others. Three mornings he was compelled to carry the receptacle from the -white man’s latrine and empty it in the river. On the third day -(sickening to relate) he was made to drink therefrom by a soldier named -Lisasi. A youth named Masuka was in the chain at the same place and -time, and saw the thing done. When the three extra baskets were produced -he was set at liberty. He was ill for several days after his return. I -referred to this in my letter of the 28th July, but it was too horrible -a thing to write the additional item until I had heard the thing from -the man’s own lips. I blush again and again as I hear the fame of the -State wherever I go, that when they chain a man now at the post they may -make the chained unfortunate drink the white man’s defecations. - -In the evening of the 21st August, on returning to Mibenga, from a more -inland town Bokoko, Mrs. Whitehead and myself saw Mpombo of Bobanga, -village of Mbongi, some distance inland. He was in a horrible state. He -stated that he had taken ten baskets of rubber to the post, and they -wanted one more, so they chained him up to get it. He stated that he had -been roughly treated by Mazamba, who had charge of him. In his utter -weakness, he had stayed at Libonga (which was a village on the way), to -get stronger, for about thirteen days. What must have been his condition -when he arrived there I cannot imagine; he was so bad when I saw him at -Mibenga. His left wrist appeared to be broken (broken by a log of wood, -too heavy for him, slipping from his shoulder), one finger of the right -hand was severely bruised, and had developed a large sore (this had been -done he said with a stick with which he had been beaten), his back was -badly bruised, the left shoulder was much bruised, and had been -evidently slit with a knife, the left knee was bruised and feet swollen -from being badly beaten, and altogether he was in a very disordered -condition. - -Later, I met Mabungikindo, a Chief from Bokoko, a large town inland, who -was also returning from the chain in which he had been detained to get -three more baskets of rubber. Their tax of rubber I understand had been -doubled this year, and this was to get three more on the top of that. -Poor fellow! How thin his thick-set frame had become! He was wearing his -State Chief’s medal. He took it in his hand and asked me to look at it. -I cringed with shame. He asked me if we did that sort of thing in our -country. I replied we did not. And this he said is how the State treats -us: gives us this, and chains up the wearer and beats him. Is that good? -Do you wonder, Sir, that the natives hate the State, and that its fame -is almost impossible of cleansing in this part? Again and again I had -the painful fortune to meet men coming back from imprisonment on account -of rubber. The State through its Agents at Lukolela is driving these -undisciplined people to desperation and rebellion. There is a rumour set -abroad from the State post that the soldiers are coming from Yumbi to -fight the inland people because of some words which have been brought -back from Bolebe and Bonginda. If we are going to have another war, it -will be one which has been engendered by this sort of treatment. - -Allow me to trespass on your patience with another story of injustice -which can scarcely be equalled by any of these barbarians. At Mibenga -the Chiefs on the 14th August had great difficulty in getting their -young men to carry down the tax of 500 mitakos’ worth of manioc bread. -This was owing to the fact that a youth named Litambala had run away -from the post. The carriers usually returned the following day, but it -was not till the morning of Sunday, the 16th, that they arrived, and it -was found that one of them, named Mpia, had been chained up for -Litambala. To deal thus with what is called a market is in the native -eyes (and not unjustly so) pure treachery. Why had been Litambala -detained? I will explain. Sometime ago a youth named Yamboisele was -living on the river side, although a native of Mibenga; he fell ill of -small-pox, and I nursed him through it--it was very bad. And it was only -with diligent and careful nursing that he was saved from imminent death. -After his recovery he did odd jobs about the station and, unfortunately, -began to be dishonest. When he was found out he was dismissed. I -presumed he would return to his own home, but he engaged himself at the -State. After some time he ran away, and although he had engaged himself -without his people’s knowledge his Chief, Lisanginya, was sent for, and -they chained him up as a hostage for a replace for Yamboisele; after a -brief space, the same day, on a promise of sending someone, he was -released, and he sent a youth named Bondumbu. Presently Yamboisele -turned up at Mibenga, and they took him to the post and asked for the -release of Bondumbu. They refused to release Bondumbu, and retained also -Yamboisele. Presently Yamboisele (report says) was sent with 2,000 -mitakos and 10 demijohns for water to the lower post, some distance down -river, and he made off with the lot to the French side. When the -carriers came down from Mibenga on the Saturday (this was the 16th May) -they chained up Moboma, and he was beaten by the soldiers; I myself saw -the weals from the strokes. The rest of the youths pleaded that he -should not be tied up, as he did not belong to the same Chief, so they -released him and chained up Manzinda. Next week they released him and -chained up Mola, who had come down also as a carrier. - -After two weeks the white man (the natives say it was M. Gado) sent -Mango (a native of the village of Lukolela, not then in the employ of -the State) to tie up a man to come and work in place of Mola. -Lisanginya, the Chief, was away at time, but the man tied up Litambala -and took him to the State, and Mola was set at liberty. Litambala -continued a little time, till at length he was given some work to do, -which he thought he was not strong enough for, and so ran away. Then in -the week following the chaining of Mpia, so much trouble seemed likely -to ensue in getting carriers for the manioc bread, and much -recrimination of one another in the village, that Mombai, an able-bodied -and diligent man, went to the post and gave himself up to free Mpia. But -Yamboisele has not been heard of. - -I have had several cases brought to my knowledge lately of the mode of -slavery adopted at the post. Briefly, it is as follows: a man for some -reason (sometimes his own and sometimes not) commences work at the post; -he completes his term, and he is told he cannot have his pay unless he -engages himself another term or brings another in his place. I know -those who have left the earnings in the hands of the Chef de Poste -rather than begin again. Such compulsion is contrary to civilized law, -and is rightly termed slavery, and is utterly illegal. I quote one case -in point--a recent one. On the 26th August I noticed a lad, Ngodele, at -Mibenga; I noticed he was a lad from the State post, and I inquired why -he was not at his work. The information was given that his term was -finished, and the white man had sent him to say that when they sent -another in his place he would give him his pay. I learnt that Ngodele -had been compelled to go by his Chief, because the Chef de Poste had -demanded some one to fill the place of another named Mokwala, who had -died at the post. - -I appeal to you, Sir, that these things may cease from being perpetrated -on your subjects, and this defaming of the name of the State. - -Accept, &c. -(Signed) JOHN WHITEHEAD. - - -Inclosure 3 in No. 3. - -(See p. 33.) - -_Statement in regard to the Condition of the Natives in Lake Mantumba -region during the period of the Rubber Wars which began in 1893._ - -The disturbance consequent on the attempt to levy a rubber tax in this -district, a tax which has since been discontinued, appears to have -endured up to 1900. - -The population during the continuance of these wars diminished, I -estimate, by some 60 per cent., and the remnant of the inhabitants are -only now, in many cases, returning to their destroyed or abandoned -villages. - -During the period 1893-1901 the Congo State commenced the system of -compelling the natives to collect rubber, and insisted that the -inhabitants of the district should not go out of it to sell their -produce to traders. - -The population of the country then was not large, but there were -numerous villages with an active people--very many children, healthy -looking and playful. They had good huts, large plantations of plaintains -and manioc, and they were evidently rich, for their women were nearly -all ornamented with brass anklets, bracelets, and neck rings, and other -ornaments. - -The following is a list of towns or villages--giving their approximate -population in the year 1893 and at the present time. These figures are -very carefully estimated:-- - - ----------+-------+-------+----------------------------------- - | 1893. | 1903. | Remarks. - +-------+-------+-------------------------------- - Botunu | 500 | 80 | - Bosende | 600 | --- | - Ngombe | 500 | 40 | These are not in the old village, - | | | but near it. - Irebo | 3,000 | 60 | Now a State camp with hundreds - | | | of soldiers and women. - Bokaka | 500 | 30 | - Lobwaka | 200 | 30 | - Boboko | 300 | 35 | - Mwenge | 150 | 30 | - Boongo | 250 | 50 | - Ituta | 300 | 60 | - Ikenze | 320 | 20 | - Ngero | 2,500 | 300 | In several small clusters of huts. - Mwebe | 700 | 75 | - Ikoko | 2,500 | 800 | Including fishing camps. - ----------+-------+-------+----------------------------------- - -This list can be extended to double this number of villages, and in -every case there has been a great decrease in the population. This has -been, to a very great extent, caused by the extreme measures resorted to -by officers of the State, and the freedom enjoyed by the soldiers to do -just as they pleased. There are more people in the district near the -villages mentioned, but they are hidden away in the bush like hunted -animals, with only a few branches thrown together for shelter, for they -have no trust that the present quiet state of things will continue, and -they have no heart to build houses or make good gardens. In all the -villages mentioned there are very few good huts, and when the natives -are urged to make better houses for the sake of their health, the reply -is, that there is no advantage to them in building good houses or making -extensive gardens, as these would only give the State a greater hold -upon them and lead to more exorbitant demands. The decrease has several -causes:-- - -1. O* was deserted because of demands made for rubber by M. N O and -several others were similar cases. The natives went to the French -territory. - -2. “War,” in which children and women were killed as well as men. Women -and children were killed not in all cases by stray bullets, but were -taken as prisoners and killed. Sad to say, these horrible cases were not -always the acts of some black soldier. Proof was laid against one -officer who shot one woman and one man, while they were before him as -prisoners with their hands tied, and no attempt was made by the accused -to deny the truth of the statement. To those killed in the so-called -“war” must be added large numbers of those who died while kept as -prisoners of war. Others were carried to far distant camps and have -never returned. Many of the young were sent to Missions, and the -death-rate was enormous. Here is one example: Ten children were sent -from a State steamer to a Mission, and in spite of comfortable -surroundings there were only three alive at the end of a month. The -others had died of dysentery and bowel troubles contracted during the -voyage. Two more struggled on for about fifteen months, but never -recovered strength, and at last died. In less than two years only one of -the ten was alive. - -3. Another cause of the decrease is that the natives are weakened in -body through insufficient and irregular food supply. They cannot resist -disease as of old. In spite of assurances that the old state of things -will not come again, the native refuses to build good houses, make large -gardens, and make the best of the new surroundings--he is without -ambition because without hope, and when sickness comes he does not seem -to care. - -4. Again a lower percentage of births lessen the population. Weakened -bodies is one cause of this. Another reason is that women refuse to bear -children, and take means to save themselves from motherhood. They give -as the reason that if “war” should come a woman “big with child,” or -with a baby to carry, cannot well run away and hide from the soldiers. -Confidence will no doubt, be restored, but it grows but slowly. - -There are two points in connection with the “war” (so-called):-- - - (1.) The cause. - (2.) The manner in which it was conducted. - -(1.) The natives never had obeyed any other man than their own Chiefs. -When Leopold II became their King they were not aware of the fact, nor -had they any hand in the making of the new arrangement. Demands were -made on them, and they did not understand why they should obey the -stranger. Some of the demands were not excessive, but others were simply -impossible. From the G H* people and the O* group of towns large demands -of rubber were made. There was not much within their reach, and it was a -dangerous thing to be a stranger in a strange part of the forests. The -O* people offered to pay a monthly tribute of goats, fowls, &c., but M. -N O would have rubber, so they left. The G H* had to bear the scourge of -war frequently and many were killed. Now they supply what they probably -would have supplied without the loss of one person, kwanga and fresh -meats, and roofing materials and mats. Rubber was demanded from some -others and war resulted. These are now providing the State with fish and -fowls. - -Another fertile source of war lay in the actions of the native soldiers. -Generally speaking their statements against other natives were received -as truth that needed no support. Take the following as an example: One -morning it was reported that State soldiers had shot several people near -the channel leading from H K* to the Congo. Several canoes full of -manioc had been also seized, and the friends of the dead and owners of -two of the canoes asked that they might have the canoes and food, and -that they might take the bodies and bury them. But this was refused. It -was alleged the people were shot in the act of deserting from the State -into French territory. The Chief who was shot was actually returning -from having gone with a message from M. O P to a village, and was killed -east of the camp and of his home, while “France” lay to the west. The -soldiers said that the people had been challenged to stop and that they -refused, and that they had been shot as they paddled away. But really -they had landed when called by the soldiers; they had been tied hand and -foot, and then shot. One woman had struggled when shot, and had broken -the vines with which her feet were tied, and she, though wounded, tried -to escape. A second bullet made her fall, but yet she rose and ran a few -steps, when a third bullet laid her low. Their hands had all been taken -off--_i.e._, the right hand of each--for evidence of the faithfulness of -the soldiers. M. O P shot two of the soldiers, but the leader of the -party was not shot, though the whole matter was carried through by him, -and he it was that gave M. O P the false report. - -A Chief complained that certain soldiers had taken his wives and had -stolen all of his belongings that they cared to have. He made no -complaint against the “tax” that the soldiers had gone there to secure, -but told of the cruelty and oppression of the soldiers carried on for -their own gain. The white officer kicked him off the verandah and said -that he told many lies. The Chief turned round with fury written on his -face, stood silently looking at the white man, and then stalked off; two -days later there was a report that all the soldiers with their wives and -followers had been killed in that Chief’s town. A little later the white -officer who refused to set matters right, along with another Belgian -officer, were killed with a number of their soldiers in an expedition -for the purpose of punishing the Chief and his people for killing the -first lot of soldiers. - -After the rubber demand was withdrawn, in some places labour was -demanded. A very large proportion of the women from this village had to -go to P* every week and work there two days. They returned here on the -third day. Nearly every week there were complaints made that someone’s -wife had been kept by a soldier, and when it was suggested that the -husband should himself go and report the matter to the white man, they -would reply: “We dare not.” Their fear was not so much of the white man -but of the black soldiers. - -(2.) The manner in which this war was conducted was very objectionable -to any one with European ideas. The natives attacked P* and O*, but that -was only after numerous expeditions had been made against them, and the -whole population roused against the “white man.” In 99 per cent. of the -“wars” in this district the cause was simply failure on the part of the -people to supply produce, labour, or men, as demanded by the State. -There was the long struggle with L L L in his long resistance to State -authority; but he at first was known as a quiet man who tried to please -the State, and he only started on his career as a fighting man after he -had been out to help M. N O. After the departure of M. N O to -Coquilhatville, he went back and made demands and fought the people as -he had done with M. N O as his Chief. - -When this matter was reported to M. N O, he was angry, and called the -Chief a “brigand,” and said that he would be punished. For numerous -offences he was put “on the chain,” and some time after his release the -fight occurred (in which fight the two white men were killed) and he -joined with others in an ineffectual attempt to drive out the white man. - -In most of the fights then the natives were merely trying to defend -themselves and their homes from attacks made on them by black soldiers -sent to “punish them for some failure to do their duty to the State;” -and if the cause for war was weak, the way in which it was carried on -was often revolting. It was stated that these soldiers were often sent -out to make war on a village without a white officer accompanying them, -so that there was nothing to keep them from awful excesses. - -It is averred that canoes have been seen returning from distant -expeditions with no white man in charge, and with human hands dangling -from a stick in the bow of the canoe--or in small baskets--being carried -to the white man as proofs of their courage and devotion to duty. If one -in fifty of native reports are true, there has been great lack on the -part of some white men. They, too, are accused of forgetting the -subjects and conditions of war. - -Statements made to me by certain natives are appended. - -Many similar statements were made to me during the time I spent at Lake -Mantumba, some of those made by native men being unfit for repetition. - - -_Q Q’s Statement._ - -I was born at K K*. After my father died my mother and I went to L L*. -When we returned to K K* soon after that P Q came to fight with us -because of rubber. K K* did not want to take rubber to the white man. We -and our mothers ran away very far into the bush. The Bula Matadi -soldiers were very strong and they fought hard, one soldier was killed, -and they killed one K K* man. Then the white man said let us go home, -and they went home, and then we, too, came out of the bush. This was the -first fight. After that another fighting took place. I, my mother, -grandmother, and my sister, we ran away into the bush. The soldiers came -and fought us, and left the town and followed us into the bush. When the -soldiers came into the bush near us they were calling my mother by name, -and I was going to answer, but my mother put her hand to my mouth to -stop me. Then they went to another side, and then we left that place and -went to another. When they called my mother, if she had not stopped me -from answering, we would all have been killed then. A great number of -our people were killed by the soldiers. The friends who were left buried -the dead bodies, and there was very much weeping. After that there was -not any fighting for some time. Then the soldiers came again to fight -with us, and we ran into the bush, but they really came to fight with M -M*. They killed a lot of M M* people, and then one soldier came out to K -K*, and the K K* people killed him with a spear. And when the other -soldiers heard that their friend was killed they came in a large number -and followed us into the bush. Then the soldiers fired a gun, and some -people were killed. After that they saw a little bit of my mother’s -head, and the soldiers ran quickly towards the place where we were and -caught my grandmother, my mother, my sister, and another little one, -younger than us. Several of the soldiers argued about my mother, because -each wanted her for a wife, so they finally decided to kill her. They -killed her with a gun--they shot her through the stomach--and she fell, -and when I saw that I cried very much, because they killed my mother and -grandmother, and I was left alone. My mother was near to the time of her -confinement at that time. And they killed my grandmother too, and I saw -it all done. They took hold of my sister and asked where her older -sister was, and she said: “She has just run away.” They said, “Call -her.” She called me, but I was too frightened and would not answer, and -I ran and went away and came out at another place, and I could not speak -much because my throat was very sore. I saw a little bit kwanga lying on -the ground and I picked it up to eat. At that place there used to be a -lot of people, but when I got there there were none. My sister was taken -to P*, and I was at this place alone. One day I saw a man coming from -the back country. He was going to kill me, but afterwards he took me to -a place where there were people, and there I saw my step-father.... He -asked to buy me from this man, but the man would not let him. He said, -“She is my slave now; I found her.” One day the men went out fishing, -and when I looked I saw the soldiers coming, so I ran away, but a string -caught my foot and I fell, and a soldier named N N N caught me. He -handed me over to another soldier, and as we went we saw some Q* people -fishing, and the soldiers took a lot of fish from them and a Q* woman, -and we went to P*, and they took me to the white man. - - * * * * * - -(Signed) Q Q. - -Signed by Q Q before me, -(Signed) ROGER CASEMENT, -_His Britannic Majesty’s Consul_. - - -_R R’s Statement._ - -I, R R, came from N N*. N N* and R* fought, and they killed several R* -people, and one R* man O O O took a man and sent him to L L L to go and -tell the white man to come and fight with Nkoho. The white man who -fought with N N* first was named Q R.* He fought with us in the morning; -then I ran away with my mother. Then the men came to call us back to our -town. When we were returning to our town, as we were nearing, we asked -how many people were killed, and they told us three were killed. Q R had -burned down all the houses, so we were scattered to other places again; -only some of the men were left to build again. After a while we returned -to our town and began to plant our gardens. I have finished the first -part of the story. - -We stayed a long time at our town, then the white man who fought with N -N* first went and told R S that the N N* people were very strong, so R S -made up his mind to come and fight us. When he came to O* we heard the -news; it was high-water season. We got into our canoes to run away, but -the men stayed behind to wait for the soldiers. When the white man came -he did not try to fight them during the day, but went to the back and -waited for night to come. When the soldiers came at night the people ran -away, so they did not kill anybody, only a sick man whom they found in a -house, whom they (the soldiers) killed and disfigured his body very -much. They hunted out all the native money they could get, and in the -morning they went away. After they went away we came back to the town, -but we found it was all destroyed. We remained in our town a long time; -the white man did not come back to fight with us. After a while we heard -that R S was coming to fight us. R S sent some Q* men to tell the N N* -people to send people to go and work for him, and also to send goats. -The N N* people would not do it, so he went to fight our town. When we -were told by the men that the soldiers were coming, we began to run -away. My mother told me to wait for her until she got some things ready -to take with us, but I told her we must go now, as the soldiers were -coming. I ran away and left my mother, and went with two old people who -were running away, but we were caught, and the old people were killed, -and the soldiers made me carry the baskets with the things these dead -people had and the hands they cut off. I went on with the soldiers. Then -we came to another town, and they asked me the way and the name of the -place, and I said “I do not know;” but they said, “If you do not tell us -we will kill you,” so I told them the name of the town. Then we went -into the bush to look for people, and we heard children crying, and a -soldier went quickly over to the place and killed a mother and four -children, and then we left off looking for the people in the bush, and -they asked me again to show them the way out, and if I did not they -would kill me, so I showed them the way. They took me to R S, and he -told me to go and stay with the soldier who caught me. They tied up six -people, but I cannot tell how many people were killed, because there -were too many for me to count. They got my little sister and killed her, -and threw her into a house and set fire to the house. When finished with -that we went to OO*, and stayed there four days, and then we went to P -P*, and because the people there ran away, they killed the P P* Chief. -We stayed there several days; then we came to P*, and from there we came -on to Q Q*, and there they put the prisoners in chains, but they did not -put me in chains, and then he (R S) went to fight with L L*, and killed -a lot of people and six people tied up. When he came back from L L* we -started and came on to Q*. - - * * * * * - -My father was killed in the same fight as I was captured. My mother was -killed by a sentry stationed at N N* after I left. - -(Signed) R R. - -Signed by R R, before me, -(Signed) ROGER CASEMENT, -_His Britannic Majesty’s Consul_. - - -_S S’s Statement._ - -S S came from the far back R R*. One day the soldiers went to her town -to fight; she did not know that the soldiers had come to fight them -until she saw the people from the other side of the town running towards -their end, then they, too, began to run away. Her father, mother, three -brothers, and sister were with her. About four men were killed at this -scare. It was at this fight that one of the station girls P P P was -taken prisoner. After several days, during which time they were staying -at other villages, they went back to their own town. They were only a -few days in their own town when they heard that the soldiers who had -been at the other towns were coming their way too, so the men gathered -up all their bows and arrows and went out to the next town to wait for -the soldiers to fight them. Some of the men stayed behind with all the -women and children. After that S S and her mother went out to their -garden to work; while there S S told her mother that she had dreamed -that Bula Matadi was coming to fight with them, but her mother told her -she was trying to tell stories. After that S S went back to the house, -and left her mother in the garden. After she had been a little while in -the house with her little brother and sister she heard the firing of -guns. When she heard that she took up her little sister and a big basket -with a lot of native money[22] in it, but she could not manage both, so -she left the basket behind and ran away with the youngest child; the -little boy ran away by himself. The oldest boys had gone away to wait -for the soldiers at the other town. As she went past she heard her -mother calling to her, but she told her to run away in another -direction, and she would go on with the little sister. She found her -little sister rather heavy for her, so she could not run very fast, and -a great number of people went past her, and she was left alone with the -little one. Then she left the main road and went to hide in the bush. -When night came on she tried to find the road again and follow the -people who had passed her, but she could not find them, so she had to -sleep in the bush alone. She wandered about in the bush for six days, -then she came upon a town named S S*[22]. At this town she found that -the soldiers were fighting there too. Before entering the town she dug -up some sweet manioc to eat, because she was very, very hungry. She went -about looking for a fire to roast her sweet manioc, but she could not -find any. Then she heard a noise as of people talking, so she hid her -little sister in a deserted house, and went to see those people she had -heard talking, thinking they might be those from her own town, but when -she got to the house where the noise was coming from she saw one of the -soldier’s boys sitting at the door of the house, and then also she could -not quite understand their language, so she knew that they were not her -people, so she took fright and ran away in another direction from where -she had put her sister. After she had reached the outside of the town -she stood still, and remembered that she would be scolded by her father -and mother for leaving her sister, so she went back at night. She came -upon a house where the white man was sleeping; she saw the sentry on a -deck chair outside in front of the house, apparently asleep, because he -did not see her slip past him. Then she came to the house where her -sister was, and took her, and she started to run away again. They slept -in a deserted house at the very end of the town. Early in the morning -the white man sent out the soldiers to go and look for people all over -the town and in the houses. S S was standing outside in front of the -house, trying to make her sister walk some, as she was very tired, but -the little sister could not run away through weakness. While they were -both standing outside the soldiers came upon them and took them both. -One of the soldiers said: “We might keep them both, the little one is -not bad-looking;” but the others said “No, we are not going to carry her -all the way; we must kill the youngest girl.” So they put a knife -through the child’s stomach, and left the body lying there where they -had killed it. They took S S to the next town, where the white man had -told them to go and fight. They did not go back to the house where the -white man was, but went straight on to the next town. The white man’s -name was C D.[23] The soldiers gave S S something to eat on the way. -When they came to this next town they found that all the people had run -away. - -In the morning the soldiers wanted S S to go and look for manioc for -them, but she was afraid to go out as they looked to her as if they -wanted to kill her. The soldiers thrashed her very much, and began to -drag her outside, but the corporal (N N N) came and took her by the hand -and said, “We must not kill her; we must take her to the white man.” -Then they went back to the town where C D was, and they showed him S S. -C D handed her over to the care of a soldier. At this town she found -that they had caught three people, and among them was a very old woman, -and the cannibal soldiers asked C D to give them the old woman to eat, -and C D told them to take her. Those soldiers took the woman and cut her -throat, and then divided her and ate her. S S saw all this done. In the -morning the soldier who was looking after her was sent on some duty by C -D, and before the soldier went out he had told S S to get some manioc -leaves not far from the house and to cook them. After he left she went -to do as he had told her, and those cannibal soldiers went to C D and -said that S S was trying to run away, so they wanted to kill her; but he -told them to tie her, so the soldiers tied her to a tree, and she had to -stand in the sun nearly all day. When the soldier who had charge of her -came back he found her tied up. C D called to him to ask about S S, so -he explained to C D what he had told S S to do, so he was allowed to -untie her. They stayed several days at this place, then B D asked S S if -she knew all the towns round about, and she said yes, then he told her -to show them the way, so that they could go and catch people. They came -to a town and found only one woman, who was dying of sickness, and the -soldiers killed her with a knife. At several towns they found no people, -but at last they came to a town where several people had run to as they -did not know where else to go, because the soldiers were fighting -everywhere. At this town they killed a lot of people--men, women, and -children--and took some as prisoners. They cut the hands off those they -had killed, and brought them to C D; they spread out the hands in a row -for C D to see. After that they left to return to Bikoro. They took a -lot of prisoners with them. The hands which they had cut off they just -left lying, because the white man had seen them, so they did not need to -take them to P*. Some of the soldiers were sent to P* with the -prisoners, but C D himself and the other soldiers went to T T* where -there was another white man. The prisoners were sent to S T. S S was -about two weeks at P*, and then she ran away into the bush at P* for -three days, and when she was found she was brought back to S T, and he -asked her why she had run away. She said because the soldiers had -thrashed her. - - * * * * * - -S S’s mother was killed by soldiers, and her father died of starvation, -or rather, he refused to eat because he was bereaved of his wife and all -his children. - -(Signed) S S. - -Signed by S S before me, -(Signed) - -ROGER CASEMENT, -_His Britannic Majesty’s Consul_. - - -_T T’s Statement._ - -States she belonged to the village of R*, where she lived with her -grandmother. R* was attacked by the State soldiers long ago. It was in S -T’s time. She does not know if he was with the soldiers, but she heard -the bugle blow when they were going away. It was in the afternoon when -they came, they began catching and tying the people, and killed lots of -them. A lot of people--she thinks perhaps fifty--ran away, and she was -in the crowd with them, but the soldiers came after them and killed them -all but herself. She was small, and she slid into the bush. The people -killed were many, and women--there were not many children. The children -had scattered when the soldiers came, but she stayed with the big -people, thinking she might be safe. - -When they were all killed she waited in the grass for two nights. She -was very frightened, and her throat was sore with thirst, and she looked -about and at last she found some water in a pot. She stayed on in the -grass a third night, and buffaloes came near her and she was very -frightened--and they went away. When the morning came she thought she -would be better to move, and went away and got up a tree. She was three -days without food, and was very hungry. In the tree she was near her -grandmother’s house, and she looked around and, seeing no soldiers, she -crept to her grandmother’s house and got some food and got up the tree -again. The soldiers had gone away hunting for buffaloes, and it was then -she was able to get down from the tree. The soldiers came back, and they -came towards the trees and bushes calling out: “Now we see you; come -down, come down!” This they used to do, so that people, thinking they -were really discovered, should give themselves up; but she thought she -would stay on, and so she stayed up the tree. Soon afterwards the -soldiers went, but she was still afraid to come down. Presently she -heard her grandmother calling out to know if she was alive, and when she -heard her grandmother’s voice she knew the soldiers were gone, and she -answered, but her voice was very small--and she came down and her -grandmother took her home. - -That was the first time. Soon afterwards she and her grandmother went -away to another town called U U*, near V V*, and they were there some -days together, when one night the soldiers came. The white man sent the -soldiers there because the U U* people had not taken to the State what -they were told to take. Neither her own people nor the U U* people knew -there was any trouble with the Government, so they were surprised. She -was asleep. Her grandmother--her mother’s mother--tried to awaken her, -but she did not know. She felt the shaking, but she did not mind because -she was sleepy. - -The soldiers came quickly into the house--her grandmother rushed out -just before. When she heard the noise of the soldiers around the house, -and looked and saw her grandmother not there, she ran out and called for -her grandmother; and as she ran her brass anklets made a noise, and some -one ran after and caught her by the leg, and she fell and the soldiers -took her. - -There were not many soldiers, only some boys with one soldier -(_Note._--She means a corporal and some untrained men.--R. C.), and they -had caught only one woman and herself. In the morning they began robbing -the houses, and took everything they could find and take. - -They were taken to a canoe, and went to V V*. The soldier who caught her -was the sentry at V V*. At V V* she was kept about a week with the -sentry, and when the V V* people took their weekly rations over to P* -she was sent over. The other woman who was taken to V V* was ransomed by -her friends. They came after them to V V*, and the sentry let her go for -750 rods. She saw the money paid. Her friends came to ransom her too, -but the sentry refused, saying the white man wanted her because she was -young--the other was an old woman and could not work. - - * * * * * - -(Signed) T T. - -Signed by T T before me. -(Signed) - -ROGER CASEMENT, -_His Britannic Majesty’s Consul_. - - -_U U’s Statement._ - -When we began to run away from the fight, we ran away many times. They -did not catch me because I was with mother and father. Afterwards mother -died; four days passed, father died also. I and an older sister were -left with two younger children, and then the fighting came where I had -run to. Then my elder sister called me: “U U, come here.” I went. She -said: “Let us run away, because we have not any one to take care of us.” -When we were running away we saw a lot of W W* people coming towards us. -We told them to run away, war was coming. They said: “Is it true?” We -said: “It is true; they are coming.” The W W* people said: “We will not -run away; we did not see the soldiers.” Only a little while they saw the -soldiers, and they were killed. We stayed in a town named X X*. A male -relative called me: “U U, let us go;” but I did not want to. The -soldiers came there; I ran away by myself; when I ran away I hid in the -bush. While I was running I met with an old man who was running from a -soldier. He (the soldier) fired a gun. I was not hit, but the old man -died. Afterwards they caught me and two men. The soldiers asked: “Have -you a father and mother?” I answered, “No.” They said to me, “If you do -not tell us we will kill you.” I said: “Father and mother are dead.” -After that my oldest sister was caught, too, in the bush, and they left -my little brother and sister alone in the bush to die, because heavy -rain came on, and they had not had anything to eat for days and days. At -night they tied my hands and feet for fear that I should run away. In -the morning they caught three people--two had children; they killed the -children. Afterwards I was standing outside, and a soldier asked me, -“Where are you going?” I said, “I am going home.” He said, “Come on.” He -took his gun; he put me in the house; he wanted to kill me. Then another -soldier came and took me. We heard a big noise; they told us that the -fighting was over, but it was not so. When we were going on the way they -killed ten children because they were very, very small; they killed them -in the water. Then they killed a lot of people, and they cut off their -hands and put them into baskets and took them to the white man. He -counted out the hands--200 in all; they left the hands lying. The white -man’s name was “C D.” After that C D sent us prisoners with soldiers to -P* to S T. S T told me to weed grass. When I was working outside a -soldier came and said: “Come here;” and when I went he wanted to cut my -hand off, and so I went to the white man to tell him, and he thrashed -the soldier. - -On our way, when we were coming to P*, the soldiers saw a little child, -and when they went to kill it the child laughed so the soldier took the -butt of the gun and struck the child with it, and then cut off its head. -One day they killed my half-sister and cut off her head, hands, and feet -because she had on rings. Her name was Q Q Q. Then they caught another -sister, and they sold her to the W W* people, and now she is a slave -there. When we came to P* the white man said to send word to the friends -of the prisoners to come with goats to buy off some of their relatives. -A lot were bought off, but I had no one to come and buy me off because -father was dead. The white man said to me, “You shall go to....” The -white man (S T) gave me a small boy to care for, but I thought he would -be killed, so I helped to get him away. S T asked me to bring the boy to -him, but I said: “He has run away.” He said he would kill me, but.... - - * * * * * - -(Signed) U U. - -Signed by U U before me. -(Signed) - -ROGER CASEMENT, -_His Britannic Majesty’s Consul_. - - -Inclosure 4 in No. 3. - -(See p. 34.) - - _Notes in the Case of V V, a Native of L L* in the Mantumba - District, both of whose hands have been hacked or beaten off, and - with reference to other similar cases of Mutilation in that - District._ - -I found this man in the ... station at Q* on [blank space in text], and -learned that he had been kept by the missionaries for some years, since -the day when a party of native teachers had found him in his own town, -situated in the forest some miles away from Q*. In answer to my inquiry -as to how he came to lose his hands, V V’s statement was as follows:-- - -“State soldiers came from P*, and attacked the R R* towns, which they -burned, killing people. They then attacked a town called A B* and burned -it, killing people there also. From that they went on to L L*. The L L* -people fled into the forest, leaving some few of their number behind -with food to offer to the soldiers--among whom was V V. The soldiers -came to L L*, under the command of a European officer, whose native name -was T U. The soldiers took prisoner all the men left in the town, and -tied them up. Their hands were tied very tight with native rope, and -they were tied up outside in the open; and as it was raining very hard, -and they were in the rain all the time and all the night, their hands -swelled, because the thongs contracted. His (V V’s) hands had swollen -terribly in the morning, and the thongs had cut into the bone. The -soldiers, when they came to L L*, had only one native a prisoner with -them; he was killed during the night. At L L* itself eight people, -including himself (V V) were taken prisoners; all were men; two were -killed during the night. Six only were taken down in the morning to Y -Y*. The white man ordered four of the prisoners to be released; the -fifth was a Chief, named R R R. This Chief had come back to L L* in the -night to try secretly to get some fire to take back into the forest, -where the fugitives were hiding. His wife had become sick during the -heavy rain in the forest, and the Chief wanted the fire for her; but the -soldiers caught him, and he was taken along with the rest. This Chief -was taken to P*, but he believes that on the way, at Z Z*, he tried to -escape, and was killed. V V’s hands were so swollen that they were quite -useless. The soldiers seeing this, and that the thongs had cut into the -bone, beat his hands against a tree with their rifles, and he was -released. He does not know why they beat his hands. The white man, T U, -was not far off, and could see what they were doing. T U was drinking -palm-wine while the soldiers beat his hands with their rifle-butts -against the tree. His hands subsequently fell off (or sloughed away). -When the soldiers left him by the waterside, he got back to L L*, and -when his own people returned from the forest they found him there. -Afterwards some boys--one of whom was a relation--came to L L*, and they -found him without his hands.” - -There was some doubt in the translation of V V’s statement whether his -hands had been cut with a knife; but later inquiry established that -they fell off through the tightness of the native rope and the beating -of them by the soldiers with their rifle-butts. - -On the 14th August, I again visited the State camp at Irebu, where, in -the course of conversation with the officer in command, I made passing -but intentional reference to the fact that I had seen V V, and had heard -his story from himself. I added that from the boy’s statement it would -seem that the loss of his hands was directly attributable to an officer -who was apparently close at hand and in command of the soldiers at the -time. I added that I had heard of other cases in the neighbourhood. The -Commandant at once informed me that such things were impossible, but -that in this specific case of V V he should cause inquiry to be -instantly made. - -On my return from the Lulongo River I found that this remark in passing -conversation had borne instant fruit, although previous appeals on -behalf of the boy had proved unsuccessful. The Commissaire-Général of -the Equator District had, learning of it, at once proceeded to Lake -Mantumba, and a judicial investigation as to how V V lost his hands had -been immediately instituted. The boy was taken to Bikoro, and I have -since been informed that provision has been made for him and a weekly -allowance. - -When at the village of B C*, I had found there a boy of not more than 12 -years of age with the right hand gone. This child, in answer to my -inquiries, said that the hand had been cut off by the Government -soldiers some years before. He could not say how long before, but -judging from the height he indicated he could not then have been more -than 7 years of age if now 12. His statement was fully confirmed by S S -S and his relatives, who stood around him while I questioned him. The -soldiers had come to B C* from Coquilhatville by land through the -forest. They were led by an officer whose name was given as “U V.” His -father and mother were killed beside him. He saw them killed, and a -bullet hit him and he fell. He here showed me a deep cicatrized scar at -the back of the head, just at the nape of the neck, and said it was -there the bullet had struck him. He fell down, presumably insensible, -but came to his senses while his hand was being hacked off at the wrist. -I asked him how it was he could possibly lie silent and give no sign. He -answered that he felt the cutting, but was afraid to move, knowing that -he would be killed if he showed any sign of life. - -I made some provision for this boy. - -The names of six other persons mutilated in a similar way were given to -me. The last of these, an old woman, had died only a few months -previously, and her niece stated that her aunt had often told her how -she came to lose her hand. The town had been attacked by Government -troops and all had fled, pursued into the forest. This old woman (whose -name was V W) had fled with her son, when he fell shot dead, and she -herself fell down beside him--she supposed she fainted. She then felt -her hand being cut off, but had made no sign. When all was quiet and the -soldiers had gone, she found her son’s dead body beside her with one -hand cut off and her own also taken away. - -Of acts of persistent mutilation by Government soldiers of this nature I -had many statements made to me, some of them specifically, others in a -general way. Of the fact of this mutilation and the causes inducing it -there can be no shadow of doubt. It was not a native custom prior to the -coming of the white man; it was not the outcome of the primitive -instincts of savages in their fights between village and village; it was -the deliberate act of the soldiers of a European Administration, and -these men themselves never made any concealment that in committing these -acts they were but obeying the positive orders of their superiors. I -obtained several specific instances of this practice of mutilation -having been carried out in the town of Q* itself, when the Government -soldiers had come across from P* to raid it or compel its inhabitants to -work. - - -Inclosure 5 in No. 3. - -(See p. 43.) - -_Circular dated October 20, 1900._ - -Le Gouvernement a délégué à des Sociétés Commerciales opérant dans -certaines parties du territoire non soumise à l’action immédiate de son -autorité une partie de ses pouvoirs en matière de police générale. - -Ces Sociétés sont dites avoir “le droit de police.” Des interprétations -erronées ont été données à cette appellation. - -On a voulu y voir l’attribution aux Directeurs de ces Sociétés et même à -des agents subalternes, du droit de diriger des opérations militaires -offensives, “de faire la guerre” aux populations indigènes; d’autres, -sans même s’inquiéter d’examiner quelles pouvaient être les limites de -ce droit de police, se sont servis de moyens que cette délégation avait -mis entre leurs mains, pour commettre les abus les plus graves. - -C’est-à-dire que “le droit de police” qui leur donnait le moyen de se -protéger eux-mêmes et l’obligation de protéger les individus contre -l’abus de la force, allait complètement à l’encontre de l’un de ces buts -principaux. - -En présence de cette situation, j’ai décidé que “le droit de police,” -terme dont je conserve provisoirement l’emploi, ne laisserait que le -pouvoir de réquisitionner, à l’effet de maintenir ou de rétablir -l’ordre, la force armée qui se trouvera soit dans la Concession, soit en -dehors, mais même dans ce cas il doit être bien entendu que les -officiers de l’État conserveront, au cours des événements le Commandant -[? commandement] des soldats et seront seuls juges, sous leur -responsabilité, des opérations militaires qu’il importerait -d’entreprendre. - -Les armes perfectionnées que les Sociétés posséderaient dans leurs -diverses factoreries ou établissements et qui doivent faire l’objet -comme les armes d’autres Sociétés n’ayant pas le droit de police, d’un -permis modèle B, ne peuvent en aucun cas sortir des établissements pour -lesquels elles ont été délivrées. - -Quant aux fusils à piston ils ne peuvent être mis en dehors des -factoreries qu’entre les mains des Capitas et à condition que ceux-ci -aient un permis suivant modèle C. - -Les fusils à piston ne sortiront ainsi des factoreries qu’isolément. Ne -pouvant être remis en dehors des établissements commerciaux dans les -mains de groupes plus ou moins importants ils ne constitueront ainsi -jamais une force offensive. - -Je donne à nouveau les ordres les plus formels pour que tous les -fonctionnaires de l’État concourent à faire réprimer les infractions à -ces strictes défenses. - -Le Gouverneur-Général, -(Signé) WAHIS. - -_Boma, le 20 Octobre, 1900._ - - -(Translation.) - -The Government have delegated to commercial Companies operating in -certain parts of the territory not subject to the immediate exercise of -Government authority a part of their powers in matters of general -police. - -These Companies are described as having “the right of police.” Erroneous -interpretations have been given to this expression. - -It has been held by some as giving to the Directors of these Companies, -and even to inferior officers, the right to undertake offensive military -operations, to “make war” on the native population; others, without even -troubling to ascertain what the limits of this right of police might be, -have used the means afforded by this delegation of power to commit the -gravest abuses. - -That is to say, “the right of police,” which gave them the means of -protecting themselves, and imposed upon them the obligation of -protecting individuals against abuse of force, was used in a manner -absolutely opposed to one of these principal objects. - -In view of these circumstances, I have decided that “the right of -police,” an expression the use of which I retain provisionally, shall -imply no more than the power of requisitioning, with a view to -maintaining or restoring order, the armed force existing either within -or without the Concession; but even in this case it must be well -understood that the officers of the State will retain command of the -soldiers during the proceedings, and will be the sole judges, on their -own responsibility, of the military operations which it may be desirable -to undertake. - -Improved weapons which the Companies possess in their various factories -or establishments and for which, as for the arms of other Companies not -having the right of police, a permit, form (B), must be taken out, may -not in any case be removed from the establishments for which they were -issued. - -With regard to cap-guns, they may not be removed from the factories -except into the hands of the Capitas, and on the condition that the -latter are in possession of a permit, form (C). - -Cap-guns will thus only be removed from the factories one by one. As -they cannot be issued from the commercial establishments into the hands -of more or less numerous groups, they will thus never constitute a means -of offence. - -I again give the most formal orders that all the State officials -co-operate to repress violations of these strict prohibitions. - -The Governor-General, -(Signed) WAHIS. - -_Boma, October 20, 1900._ - - -Inclosure 6 in No. 3. - -(See p. 56.) - -_Note of Information taken in the Charge of Cutting off the boy I I’s -hand, preferred to Mr. Casement by the People of E*._ - -At village of E* in the C D* country, on left bank of E D*, tributary of -the X* River. - -Y Y, with many of the townsmen and a few women and children, also -present. - -A lad, about 14 or 15 years of age, I I by name, whose left hand had -been cut off, the stump wrapped up in a rag, the wound being yet -scarcely healed, appears, and, in answer to Consul’s question, charges a -sentry named K K (placed in the town by the local agent of the La -Lulanga Society to see that the people work rubber) with having done it. -This sentry is called, and after some delay appears with a cap-gun. - -The following inquiry into the circumstances surrounding the loss of I -I’s hand then takes place:-- - -The Consul, through W W, speaking in E F*, and X X repeating his -utterances both in F G* to the sentry and in the local dialect to the -others, asks I I, in the presence of the accused: - -“Who cut off your hand?” - -I I: “The sentry there.” - -The sentry denies the charge (interrupting), and stating that his name -is T T T and not K K. Consul requests him to keep silence--that he can -speak later. - -Y Y is called and questioned by Consul through the interpreters. After -being exhorted to speak the truth without fear or favour, he states: - -“The sentry before us cut off I I’s hand.” - -Consul: “Did you yourself witness the act?” - -Answer: “Yes.” - -Several of the Headmen of the town called upon by the Consul to testify. - -To the first of these, who gave his name as Z Z, Consul asked, pointing -to I I’s mutilated wrist-bone: “Who cut off this boy’s hand?” - -Z Z (pointing to the sentry): “That man did it.” - -The second, who gave his name as A A A, asked by Consul: “Who cut off -this boy’s hand?” - -Answers: “K K.” - -The third, giving his name as B B B, asked by Consul: “Who cut off this -boy’s hand?” - -Answers: “This man here, the sentry.” - -Z Z (re-questioned): “Did you yourself see this sentry cut off this -boy’s hand?” - -Answer: “Yes, I saw it.” - -A A A (re-questioned): “Did you yourself see this sentry cut off this -boy’s hand?” - -Answers: “I should think so. Did I not get this wound here” (pointing to -a cut by the tendon Achilles on the left heel) “the same day, when -running away in fright? My own knife wounded me. I let it fall when I -ran away.” - -Consul questions I I: “How long ago was it your hand was cut off?” - -Answer: “He is not sure.” - -Two fellow-villagers--young men, named C C C and D D D--step out and -state that they remember. The act occurred when the clay was being dug -over at C D, when the slip-place for the steamers was begun. - -E E E, of E*, another section of the village of R**, questioned by -Consul: “Did you see this lad’s hand cut off?” - -Answer: “Yes. I did not actually see it being cut off. I came up and saw -the severed hand and the blood lying on the ground. The people had run -away in all directions.” - -Consul asked interpreters to ask if there were others who had seen the -crime and charged K K with it. - -Nearly all those present, about forty persons, nearly all men, shouted -out with one voice that it was K K who did it. - -Consul: “They are all sure it was K K here?” - -Universal response: “Yes; he did it.” - -Consul asked the accused K K: “Did you cut off this boy’s hand?” - -This question was put in the plainest language, and repeated six times, -with the request that a plain answer--“yes” or “no”--should be given. - -The accused failed to answer the question, beginning to talk of other -things not relevant to the question, such as that his name was T T and -not K K and that the people of R** had done bad things to him. - -He was told to confine himself to the question put to him, that he could -talk of other things later, but that now it was his place to answer the -questions put, just as simply and plainly as the others had answered. He -had heard those answers and the charge they levied against him, and he -should answer the Consul’s questions in just the same way. - -The accused continued to speak of irrelevant subjects, and refused or -failed to give any answer to the question put to him. - -After repeated attempts to obtain answer to the question: “Did you or -did you not cut off this boy I I’s hand?” - -Consul states: “You are charged with this crime. You refuse to answer -the questions I put to you plainly and straightforwardly as your -accusers have done. You have heard their accusation. Your refusal to -reply as you should reply--viz., yes or no--to a direct and simple -question leaves me convinced that you cannot deny the charge. You have -heard what has been charged against you by all these people. Since you -decline to answer as they did, you may tell your story your own way. I -shall listen to it.” - -Accused began to speak, but before his remarks could be translated to me -through X X first, to whom he spoke direct, and then through W W, a -young man stepped out of the crowd and interrupted. - -There was noise and then the man spoke:-- - -He stated he was F F F of R**. He had shot two antelopes, and he had -brought two of their legs to this sentry as a gift. The sentry refused -to accept them, and tied his wife up. The sentry said they were not a -sufficient present for him, and he kept F F F’s wife tied up until he, F -F F, paid him 1,000 brass rods for her release. - -Here a young man giving his name as G G G stepped into the ring and -accused the sentry of having robbed him openly of two ducks and a dog. -They were taken from him for no reason save that the sentry wanted them -and took them by force. - -Consul again turned to the sentry and invited him to tell his story, and -to give his answer to the charge against him in his own way. Consul -enjoined silence on all, and not to interrupt the sentry. - -K K stated that he did not take G G G’s ducks. The father of G G G gave -him a duck. (All laughed.) It is true that F F F killed two antelopes -and gave him the two legs as a gift but he did not tie up his wife or -require money for her release. - -Consul: “That is all right. That finishes the ducks and the antelopes’ -legs; but now I want to hear about I I’s hand. Tell me what you know -about I I’s hand being cut off.” - -K K again evaded the question. - -Consul: “Tell him this. He is put here by his master in this town, is he -not? This is his town. Now, does he say he does not know what goes on -here where he lives?” - -The sentry states: “It is true that this is his town, but he knows -nothing about I I’s hand being cut off. Perhaps it was the first sentry -here before he came, who was a very bad man and cut people’s hands off. -That sentry has gone away--it was he who cut hands off, not himself. He -does not know anything of it.” - -Consul: “What was the name then of this bad sentry, your predecessor, -who cut people’s hands off? You know it?” - -The sentry gives no direct answer, and the question is repeated. He then -gives a statement about several sentries, naming three, as predecessors -of himself here at R**. - -Here a man named H H H jumped up, interrupting, and asserted that those -three sentries did not reside at R**, but had been stationed in his own -town--his, H H H’s, town. - -Consul (to the sentry): “How long have you been in this town?” - -Answer: “Five months.” - -Consul: “You are quite sure?” - -Answer: “Five months.” - -Consul: “Do you, then, know this boy I I? Have you seen him before?” - -Answer: “I do not know him at all.” - -Here the entire auditory roared with laughter, and expressions of -admiration at the sentry’s lying powers were given vent to. - -The sentry, continuing, stated that possibly I I comes from H H H’s -town. Anyhow, he (the sentry) does not know I I; he does not know him at -all. - -Here F F F stepped out and said he was full brother of I I; they had -lived here always. Their father was U U U, now dead; their mother is -also dead. - -Consul (to the sentry): “Then it is finished. You know nothing of this -matter.” - -The sentry: “It is finished. I have told you all. I know nothing of it.” - -Here a man giving his name as I I I, of K K*, the neighbouring section -of R**, came forward with his wife. - -He stated that the other sentries in their town were not so bad, but -that this man was a villain. - -The sentry had tied up his wife--the woman he brought forward--and had -made him pay 500 rods before she was released. He had paid the money. - -Here Consul asked I I how his hand had been cut off. He and C C C and D -D D stated that he had first been shot in the arm, and then when he fell -down the sentry had cut his hand off. - -Consul: “Did you feel it being cut off?” - -Answer: “Yes, I felt it.” - -This terminated the inquiry. The Consul informed Y Y and the people -present that he should report what he had seen and heard to the Congo -Government, and that he should beg them to investigate the charge -against the sentry, who deserved severe punishment for his illegal and -cruel acts. The things that the sentry was charged with doing were quite -illegal, and if the Government of his country knew of such things being -done, the perpetrators of such crimes would, in all cases, be punished. - -(Signed) ROGER CASEMENT, -_His Britannic Majesty’s Consul_. - - -Inclosure 7 in No. 3. - -(See p. 59.) - -_Circular of September 7, 1903, forbidding Soldiers armed with Rifles -from going out on Service without Europeans over them._ - - -ÉTAT INDÉPENDANT DU CONGO. - -_Boma, le 7 Septembre, 1903._ - -La lecture de rapports sur des opérations et reconnaissances militaires -démontre que les prescriptions formelles--et si souvent répétées--du -Gouvernement concernant l’instruction d’envoyer des soldats armés sous -la conduite de gradés noirs ne sont pas observées rigoureusement. - -Je constate même avec regret de la part de certains fonctionnaires et -agents cette mauvaise volonté à se conformer à ces instructions, qui -sont pourtant dictées par le souci des intérêts supérieurs de l’État. - -Les opérations militaires doivent être conduites d’après les règlements -sur le service en campagne que nos officiers et sous-officiers doivent -appliquer fréquemment au cours des exercices journaliers et d’après les -nombreuses prescriptions sur la matière. Et à cet effet le personnel -supérieur, avant de se prononcer sur les opérations à conduire aura, au -préalable, à examiner si les moyens dont disposent leurs sous-ordres -sont suffisants. - -J’ai l’honneur d’inviter les Chefs territoriaux à rappeler à leur -personnel les instructions qui précèdent et à l’informer de ce que toute -contravention à la défense d’envoyer des soldats armés sous la conduite -de gradés noirs sera sévèrement réprimée et de nature même à provoquer -la révocation de l’agent en faute. - -Les soldats doivent être l’objet d’une surveillance constante afin qu’il -leur soit impossible de se livrer à des cruautés auxquelles pourraient -les pousser leurs instincts primitifs. - -Les instructions défendent aussi d’employer les soldats au service des -courriers et des transports. - -Malgré cela on continue en maints endroits à pratiquer ce déplorable -usage. - -Il importe que les soldats ne soient plus constamment distraits de leur -garnison et de leur métier militaire et qu’ils restent, en tout temps, -sous le contrôle de leurs chefs; l’instruction et l’éducation militaires -des hommes de la force publique ne peuvent qu’y gagner. - -Je prie, en conséquence, le personnel intéressé de faire cesser -immédiatement l’état de choses signalé ci-dessus: le service des -courriers doit être assuré par des travailleurs ou des hommes -spécialement désignés à cet effet. - -Si l’autorité juge nécessaire, dans certains cas, de faire escorter soit -un courrier soit un convoi de marchandises, il faut que la patrouille -soit organisée réglementairement et commandée par un Européen. - -Ce n’est qu’à titre tout à fait exceptionnel et si c’est absolument -nécessaire que cette patrouille pourra être commandée à défaut -d’Européen par un gradé de choix et de confiance. - -Mais dans ce cas, que l’autorité aura à justifier, les hommes commandés -par un gradé noir devront être munis du fusil à piston d’armement qui -constitue une bonne arme défensive. - -Le Vice-Gouverneur-Général, -(Signé) F. FUCHS. - - -(Translation.) - -INDEPENDENT STATE OF THE CONGO. - -_Boma, September 7, 1903._ - -The perusal of reports on military operations and reconnaissances shows -that the formal orders of the Government, so frequently repeated, -respecting the instruction to send armed soldiers under the command of -black non-commissioned officers, are not rigorously observed. - -I even note with regret this disinclination, on the part of certain -officials and agents, to conform to these instructions, which are, -however, dictated by care for the higher interests of the State. - -Military operations must be conducted in accordance with the regulations -respecting service in the field, of which our officers and -non-commissioned officers must make frequent application at daily drill, -and in accordance with the numerous instructions in the matter. And to -this end the superior staff, before deciding on the operations to be -undertaken, must ascertain beforehand whether the means at the disposal -of those below them are sufficient. - -I have the honour to invite the territorial Chiefs to remind their staff -of the preceding instructions, and to inform them that any breach of the -rule forbidding the dispatch of armed soldiers under the command of -black non-commissioned officers will be severely put down, and may lead -to the dismissal of the agent in fault. - -The soldiers must be the object of constant supervision, so that it may -be impossible for them to commit cruelties to which their primitive -instincts might prompt them. - -The instructions also forbid the employment of the soldiers on post or -transport work. - -Nevertheless, this deplorable custom continues to obtain in many places. - -It is important that the soldiers should not in future be constantly -withdrawn from their garrison and from their military duties, and that -they should remain at all times under the control of their Chiefs. This -cannot fail to improve the instruction and military education of the men -of the public force. I therefore request the staff whom it concerns to -put an end at once to the above-mentioned condition of affairs; the -postal service must be assured by workmen or by men specially chosen for -that purpose. - -If the authorities deem it necessary in certain cases to have the post -or a convoy of merchandise escorted, the patrol must be organized -according to the regulations, and must be commanded by a European. - -It is only in most exceptional cases, and if it is absolutely necessary, -that this patrol can, failing European, be commanded by a -specially-selected and trustworthy non-commissioned officer. - -But in such cases, which will have to be justified by the authorities, -the men commanded by a black non-commissioned officer must be provided -with a regulation cap-gun, which constitutes a good defensive weapon. - -The Vice-Governor-General, -(Signed) F. FUCHS. - - -Inclosure 8 in No. 3. - -(See p. 59.) - -_Circular of Governor-General Wahis, addressed to the Commissioners of -District and Chiefs of Zones._ - -La qualité du caoutchouc exporté du Congo est sensiblement inférieure à -ce qu’elle était il y a quelque temps. Cette différence a plusieurs -causes, mais la principale résulte de l’adjonction au latex qui devrait -être récolté, d’autres latex de valeur très inférieure ou même des -matières poussiéreuses quelconques. - -Cette cause de perte peut et doit disparaître. Les Commissaires de -District et Chefs de Zone qui ont tous de l’expérience, connaissent les -moyens de fraude que les indigènes cherchent souvent à employer. - -Ils ont à prendre des mesures pour empêcher d’une façon complète ces -tromperies. Il n’est pas douteux que là ou la population se soumet à -l’impôt il ne sera pas impossible de l’amener à fournir un produit pur, -mais il faut pour atteindre ce but une surveillance constante; dès que -l’indigène constatera qu’elle se relâche, il essaiera de diminuer son -travail en prenant du latex de mauvaise qualité, quand il obtient -celui-ci facilement, ou en ajoutant au produit des matières étrangères. - -Chaque fois que ces fraudes sont constatées elles doivent être -réprimées. Les Commissaires de District et Chefs de Zone ont à examiner -fréquemment les produits, afin de faire à temps des observations à leurs -Chefs de Poste, et à ne plus laisser perdurer des situations qui causent -le plus grand préjudice. - -A cette cause de la diminution de la valeur du caoutchouc, il faut -ajouter celle provenant de l’emballage défectueux du produit, qui par -suite voyage souvent pendant plusieurs mois dans les plus mauvaises -conditions. L’on peut dire qu’à cause de cette négligence une notable -partie des efforts qui ont été faits pour obtenir une production en -rapport avec la richesse du pays, doivent être considérés comme perdus, -puisque la valeur du caoutchouc peut diminuer de moitié par suite de ce -manque de soin. - -J’ajouterai que la valeur du caoutchouc, même pur de tout mélange, a -diminué depuis quelque temps sur tous les marchés; il faut donc que les -Chefs Territoriaux fassent non seulement disparaître les deux causes de -pertes qu’ils peuvent éliminer, mais encore qu’ils compensent la -troisième en faisant des efforts continus pour augmenter la production -dans la mesure prescrite par les instructions. - -Mon attention sera d’une façon constante, fixée sur les prescriptions -que je donne ici. - -Le Gouverneur-Général, -(Signé) WAHIS. - -_Boma, le 29 Mars, 1901._ - - -(Translation.) - -The quality of the rubber exported from the Congo is sensibly inferior -to what it was some time ago. This difference arises from several -causes, but principally from the addition, to the latex which is fit to -be gathered, of other kinds of latex of very inferior value, or even of -any dust-like matter. - -This cause of loss can and must be removed. The Commissioners of -districts and Chiefs of zones, who all have experience, know the -fraudulent means which the natives often try to employ. - -They must take measures completely to prevent these frauds. It cannot be -doubted that in those parts where the population submits to the tax it -will not be impossible to lead the natives to furnish pure produce; but -in order to effect this, constant supervision is necessary, for as soon -as the native notices that the supervision is becoming lax he will try -to lessen his work by taking latex of a bad quality, if he obtains it -easily, or by adding foreign matter. - -Whenever these frauds are discovered they must be put down. The -Commissioners of districts and Chiefs of zones must examine the produce -at frequent intervals, in order to report in time to their Heads of -stations, and not to permit a condition of affairs which is most -prejudicial. - -To this cause of the decline in the value of rubber must be added that -arising from defective packing of the produce, which thus often travels -during several months under the worst conditions. Much of the effort -which has been taken to obtain produce in keeping with the richness of -the country may be said to be lost through this neglect, for the value -of the rubber may be diminished by half through this want of care. - -I may add that the value of rubber, even when free from all admixture, -has gone down in every market for some time past; territorial Chiefs -must, therefore, not only remove the two causes of loss which they can -eliminate, but they must also try to neutralize the third by making -unceasing efforts to increase production to the extent laid down in the -instructions. - -The orders which I have here given will have my constant attention. - -The Governor-General, -(Signed) WAHIS. - -_Boma, March 29, 1901._ - - - - -No. 4. - -_The Marquess of Lansdowne to Sir C. Phipps._ - -Sir, - -_Foreign Office, February 11, 1904._ - -With reference to Sir C. Phipps’ despatch of the 19th September, 1903, I -transmit to you herewith a Memorandum which has been prepared in reply -to the note respecting the condition of affairs in the Congo addressed -by the Government of the Independent State on the 17th September last, -to the Powers parties to the Act of Berlin. - -I request you to communicate this Memorandum to M. de Cuvelier, and in -doing so to call special attention to the inclosed Report by Mr. -Casement, His Majesty’s Consul at Boma, upon his recent visit to certain -districts of the Upper Congo. - -I am, &c. -(Signed) LANSDOWNE. - - -Inclosure in No. 4. - -_Memorandum._ - -His Majesty’s Government have not until now offered any observations -upon the note from M. de Cuvelier of the 17th September last, because -they desired, before doing so, to learn the result of the inquiries -instituted by Mr. Casement, His Majesty’s Consul at Boma, during the -visit which he has recently paid to certain districts of the Upper -Congo. - -Mr. Casement returned to this country at the beginning of last month, -and has since furnished the report of which a copy is annexed to this -Memorandum for communication to the Congo Government. The report will -also be communicated to the Powers parties to the Berlin Act, to whom -the despatch of the 8th August last was addressed, and it will be laid -before Parliament. - -The descriptions given in the report of the manner in which the -administration is carried on and the methods by which the revenue is -collected in the districts visited by Mr. Casement constitute a grave -indictment, and need no comment beyond the statement that, in the -opinion of His Majesty’s Government, they show that the allegations to -which reference is made in the despatch were not without foundation, and -that there is ample ground for the belief that there are, at any rate, -extensive regions in which the pledges given under the Berlin Act have -not been fulfilled. - -M. de Cuvelier’s note dwells at considerable length upon the necessity -of the natives contributing by some form of taxation to the requirements -of the State, and upon the advantage of their being induced to work. The -history of the development of the British Colonies and Protectorates in -Africa shows that His Majesty’s Government have always admitted this -necessity. Defects of administration of the character referred to in M. -de Cuvelier’s note are, no doubt, always liable to occur in dealing with -uncivilized races inhabiting vast areas and differing in manners, in -customs and in all the attributes which are necessary for the -construction of a social system. But whenever difficulties have arisen, -most notably in the case of the Sierra Leone insurrection of which M. de -Cuvelier makes special mention,[24] prompt and searching inquiry has -been publicly made, redress of grievances has been granted where due, -and every endeavour has been made to establish such considerate -treatment of the natives as is compatible with the just requirements of -the State. - -The reference to the disturbed state of Nigeria appears to relate to the -campaign undertaken early last year against Kano and Sokoto. The -campaign was not a measure of “military repression” in the sense of -being the suppression of a native rising. It was necessitated by the -hostile action of powerful Mahommedan Chiefs within the Protectorate, -over whom authority had not been previously asserted, who refused to -maintain friendly relations with the Administration, hospitably -entertained the murderer of a British officer and declared that the only -relations between themselves and the Government were those of war. By -the mention of the loss of 700 lives reference is no doubt made to the -action at Burmi on the 27th July last, when about that number of the -enemy were killed, including the ex-Sultan of Sokoto and most of the -Chiefs who had joined him, while on the British side Major Marsh, the -Commanding Officer, and ten men were killed, and three officers and -sixty-nine men were wounded. This decisive and successful action -completely broke up the party of the irreconcilables as well as a -remnant of the Mahdi’s following. - -The military operations which are now in progress in Somaliland have -been forced upon His Majesty’s Government, as is generally known, by the -assumption of power on the part of a fanatical Mullah, and by the -cruelties which he practised upon tribes within the British -Protectorate. - -In both these cases, measures of military repression have been necessary -to save the territories in question from falling once more under the -complete control of uncivilized or fanatical Rulers, and of thus -relapsing into barbarism. The Congo Government and other Powers -possessing Colonies in Africa have had to meet similar contingencies, -and no blame is attached to them, nor, so far as His Majesty’s -Government are aware, has ever been attached to them, for adopting -measures to protect the cause of civilization. - -After dealing with the treatment of natives, M. de Cuvelier’s note -proceeds to explain the views of the Congo Government with regard to the -system of trade now existing in the State. The opinion of His Majesty’s -Government has been set forth; they hold that the matter is one which -could properly be the subject of a reference to the Tribunal at The -Hague, but they are still awaiting an answer on this point from the -Powers to whom the despatch of the 8th August was addressed. - -Memoranda will be forwarded separately giving examples of injuries -suffered by British subjects which have been the cause of complaint. -These Memoranda have been prepared in order to confirm the statement, -upon which M. de Cuvelier throws doubt, that the time of His Majesty’s -Consul had been principally occupied in the investigation of such cases. - -_Foreign Office, February 11, 1904._ - - - - -No. 5. - - _The Marquess of Lansdowne to His Majesty’s Representatives at - Paris, Berlin, Vienna, St. Petersburgh, Rome, Madrid, - Constantinople, Brussels, The Hague, Copenhagen, Stockholm, and - Lisbon._ - -Sir, - -_Foreign Office, February 12, 1904._ - -I transmit to you, for communication to the Government to which you are -accredited, a collection of papers, as marked in the margin,[25] which -relate to the present condition of affairs in the Independent State of -the Congo. - -In handing these documents to the Minister for Foreign Affairs I request -that you will call special attention to the Report by Mr. Casement, His -Majesty’s Consul at Boma, upon his recent visit to certain districts of -the Upper Congo, and that you will at the same time inquire when an -answer may be expected to my despatch of the 8th August last. - -I am, &c. -(Signed) LANSDOWNE. - - - - -CORRESPONDENCE and Report from His Majesty’s -Consul at Boma respecting the Administration of -the Independent State of the Congo. - -_Presented to both Houses of Parliament by Command -of His Majesty. February 1904._ - -LONDON: -PRINTED BY HARRISON AND SONS. - - - - -AFRICA. No. 7 (1904). - -FURTHER CORRESPONDENCE - -RESPECTING THE - -ADMINISTRATION - -OF THE - -INDEPENDENT STATE OF THE CONGO. - -[In continuation of “Africa No. 1 (1904)”.] - -_Presented to both Houses of Parliament by Command of His Majesty. -June 1904._ - -LONDON: - -PRINTED FOR HIS MAJESTY’S STATIONERY OFFICE, -BY HARRISON AND SONS, ST. MARTIN’S LANE, -PRINTERS IN ORDINARY TO HIS MAJESTY. - -And to be purchased either directly or through any Bookseller, from - -EYRE & SPOTTISWOODE, EAST HARDING STREET, FLEET STREET, E.C., -AND 32, ABINGDON STREET, WESTMINSTER, S.W. - -OR OLIVER & BOYD, EDINBURGH; - -OR E. PONSONBY, 116, GRAFTON STREET, DUBLIN. - -[Cd. 2097.] _Price_ 7_d._ - - - - -TABLE OF CONTENTS. - - - ---+------------------+---------------+------------------------------+----- - No.| Name. | Date. | SUBJECT. |Page. - ---+------------------+---------------+------------------------------+----- - 1 | Sir C. Phipps | Mar. 13, 1904 | Transmits Notes prepared by | - | | | Congo Government as a | - | | | preliminary reply to Mr. | - | | | Casement’s Report | 1 - | | | | - 2 | To Sir C. Phipps | April 19, | Observations upon the “Notes”| - | | | of Congo Government. | - | | | Satisfaction of His Majesty’s| - | | | Government at learning that | - | | | inquiry will be made into the| - | | | allegations against | - | | | administration of Free State | 40 - | | | | - 3 | Mr. Nightingale | “ 7, | Cases of Caudron and Silvanus| - | | | Jones. Transmits Judgment in | - | | | Appeal | 42 - | | | | - 4 | Sir C. Phipps | May 14, | Transmits Memorandum drawn up| - | | | at Congo Ministry in reply to| - | | | No. 2 | 58 - | | | | - 5 | To Sir C. Phipps | June 6, | Memorandum on further points | - | | | calling for observation in | - | | | “Notes” of Congo Government, | - | | | and reply to M. de Cuvelier’s| - | | | Memorandum of May 14 | 60 - ---+------------------+---------------+------------------------------+----- - - - - -Further Correspondence respecting the Administration of the Independent -State of the Congo. - -[In continuation of “Africa No. 1 (1904)”.] - - - - -No. 1. - -_Sir C. Phipps to the Marquess of Lansdowne.--(Received March 14)._ - - - NIND - My Lord, - -_Brussels, March 13, 1904._ - -I have the honour to inclose the rejoinder on the part of the Congo -Government to the Report of His Majesty’s Consul at Boma on the -condition of the Congo. - -In handing these “Notes” to me this afternoon M. de Cuvelier was -instructed to call my attention to the passage where his Government -expresses a desire to be placed in possession of the full Report, -including names, dates, and places referred to. The “Notes” will be -communicated to-morrow to the Representatives of the other Powers. - -I have, &c. -(Signed) CONSTANTINE PHIPPS. - - -Inclosure in No. 1. - -_Notes on the Report of Mr. Casement, Consul of His Britannic Majesty, -of the 11th December, 1903._ - -A la séance de la Chambre des Communes du 11 Mars, 1903, Lord Cranborne -avait dit:-- - - “We have no reason to think that slavery is recognized by the - authorities of the Congo Free State, but reports of acts of cruelty - and oppression have reached us. Such reports have been received - from our Consular officers.” - -Le Gouvernement de l’État du Congo demanda, par lettre du 14 Mars, 1903, -à son Excellence Sir C. Phipps, de bien vouloir lui communiquer les -faits qui avaient été l’objet de rapports de la part des Consuls -Britanniques. - -Cette demande ne reçut pas de suite. - -La dépêche de Lord Lansdowne du 8 Août, 1903, portait:-- - - “Representations to this effect (alleged cases of ill-treatment of - natives and existence of trade monopolies) are to be found ... in - despatches from His Majesty’s Consuls.” - -L’impression était ainsi créée qu’à cette date le Gouvernement de Sa -Majesté se trouvait en possession de renseignements Consulaires -concluants: la nécessité d’un voyage de M. le Consul Casement dans le -Haut-Congo n’en a pas moins paru évidente. La réflexion s’ensuit que les -conclusions de la note du 8 Août étaient au moins prématurées; il s’en -déduit également que, contrairement à l’appréciation de cette note, il a -été loisible au Consul Britannique d’entreprendre dans les régions -intérieures tel voyage qui lui convenait. Il est à noter en tout cas que -le “White Paper” (Africa, No. 1, 1904), qui vient d’être présenté au -Parlement, ne contient pas, nonobstant le désir qu’en a réitéré l’État -du Congo, ces rapports Consulaires antérieurs, qui, cependant, offraient -d’autant plus d’intérêt qu’ils dataient d’un temps où la campagne -présente n’était pas née. - -Le Rapport actuel signale qu’en certains points visités par le Consul, -la population se trouve en décroissance. M. Casement n’indique pas les -bases de ses recensements comparatifs en 1887 et en 1903. Il est à se -demander comment pour cette dernière année le Consul a pu établir ses -chiffres au cours de visites rapides et hâtives. Sur quels éléments -certains s’appuye-t-il, par exemple, pour dire que la population des -localités riveraines du Lac Mantumba _semble_ avoir diminué dans les dix -dernières années de 60 à 70 pour cent? En un point désigné F*, il -déclare que l’ensemble des villages ne compte pas aujourd’hui plus ne -500 âmes; quelques lignes plus loin, ces mêmes villages ne comportent -plus que 240 habitants en tout. Ce ne sont là que des détails, mais ils -caractérisent immédiatement le défaut de précision de certaines -appréciations du Consul. Au reste, il n’est malheureusement que trop -exact que la diminution de la population a été constatée; elle est due à -d’autres causes qu’à un régime excessif ou oppressif exercé par -l’Administration sur les populations indigènes. C’est en premier lieu la -maladie du sommeil, qui décime partout les populations en Afrique -équatoriale. Le Rapport remarque lui-même que: “a prominent place must -be assigned to this malady,”[26] et que cette maladie est “probably one -of the principal factors,” de la diminution de la population.[27] Il -suffit de lire la lettre du Révérend John Whitehead (Annexe II du -Rapport), citée par le Consul, pour se rendre compte des ravages de la -maladie, à laquelle ce missionnaire attribue la moitié des décès dans la -région riveraine du district. Dans une interview récente, Mgr. Van -Ronslé, Vicaire Apostolique du Congo Belge, avec l’autorité qui -s’attache à une grande expérience des choses d’Afrique et à des séjours -prolongés en de multiples résidences au Congo, a montré l’évolution du -fléau, le dépérissement fatal des populations qui en sont frappées, -quelles que soient d’ailleurs les conditions de leur état social, citant -entre autres les pertes effrayantes de vies dues à ce mal dans l’Uganda. -Que si l’on ajoute à cette cause fondamentale de la dépopulation au -Congo, les épidémies de petite vérole, l’impossibilité actuelle pour les -tribus de maintenir leur chiffre par des achats d’esclaves, la facilité -de déplacement des indigènes, il s’explique que le Consul et les -missionnaires aient relevé la diminution du nombre d’habitants de -certaines agglomérations, sans que nécessairement ce soit le résultat -d’un système d’oppression. L’Annexe No. I reproduit les déclarations sur -ce point de Mgr. Van Ronslé. Ce qu’il dit des conséquences, sur le -chiffre numérique de la population, de la suppression de l’esclavage, se -trouve reproduit ailleurs:-- - - “The people (slave) are for the most part originally prisoners of - war. Since the Decree of Emancipation they have simply returned to - their own distant homes, knowing their owners have no power to - recapture them. This is one reason why some think the population is - decreasing, and another is the vast exodus up and down - river.”[28]--“So long as the Slave Trade flourished, the Bobangi - flourished, but with its abolition they are tending to disappear, - for their towns were replenished by slaves.”[29] - -Le Consul cite des cas, dont du reste les raisons lui sont inconnues, -d’exode d’indigènes du Congo sur la rive Française. On ne voit pas à -quel titre il en ferait grief à l’État, si l’on en juge d’après les -motifs qui ont déterminé certains d’entre eux, à preuve les exemples de -ces émigrations, donnés et expliqués par un missionnaire Anglais, le -Révérend Père W. H. Bentley. L’un est relatif à la station de -Lukolela:-- - - “The main difficulty has been the shifting of the population. It - appears that the population, when the station was founded in 1865, - was between 5,000 and 6,000 in the riverine Colonies. About two - years later, the Chief, Mpuki, did not agree with his neighbours or - they with him. When the tension became acute, Mpuki crossed over - with his people to the opposite (French) side of the river. This - exodus took away a large number of people. In 1890 or 1891, a Chief - from one of the lower towns was compelled by the majority of his - people to leave the State side, and several went with him. About - 1893, the rest of the people at the lower towns either went across - to the same place as the deposed Chief, or took up their residence - inland. Towards the end of 1894, a soldier who had been sent to cut - firewood for the State steamers on an island off the towns, left - his work to make an evil request in one of the towns. He shot the - man who refused him. The rascal of a soldier was properly dealt - with by the State officer in charge; but this outrage combined, - with other smaller difficulties, to produce a panic, and nearly all - the people left for the French side, or hid away inland. So the - fine township has broken up.”[30] - -L’autre cas a trait à la station de Bolobo:-- - - “It is rare indeed for Bolobo, with its 30,000 or 40,000 people, - divided into some dozen clans, to be at peace for any length of - time together. The loss of life from these petty wars, the number - of those killed for witchcraft, and of those who are buried alive - with the dead, involve, even within our narrow limits here at - Bolobo, an almost daily drain upon the vitality of the country, and - an incalculable amount of sorrow and suffering.... The Government - was not indifferent to these murderous ways.... In 1890 the - District Commissioner called the people together, and warned them - against the burying of slaves alive in the graves of free people, - and the reckless killing of slaves which then obtained. The natives - did not like the rising power of the State.... Our own settlement - among them was not unattended with difficulty.... There was a - feeling against white men generally, and especially so against the - State. The people became insolent and haughty.... Just at this time - ... as a force of soldiers steamed past the Moye towns, the - steamers were fired upon. The soldiers landed, and burnt and looted - the towns. The natives ran away into the grass, and great numbers - crossed to the French side of the river. They awoke to the fact - that Bula Matadi, the State, was not the helpless thing they had so - long thought. This happened early in 1891.”[31] - -Ces exemples donnent, comme on le voit, à l’émigration des indigènes, -des causes n’ayant aucun rapport avec-- - - The methods employed to obtain labour from them by local officials - and the exactions levied on them.[32] - -Le Rapport s’étend longuement sur l’existence des impôts indigènes. Il -constate que les indigènes sont astreints à des prestations de travail -de diverses sortes, ici sous forme de fournitures de “chikwangues” ou de -vivres frais pour les postes Gouvernementaux, là sous forme de -participation à des travaux d’utilité publique, tels que la construction -d’une jetée à Bololo, ou l’entretien de la ligne télégraphique à F----; -ailleurs sous la forme de la récolte des produits domaniaux. Nous -maintenons la légitimité de ces impôts sur les populations natives, -d’accord en cela avec le Gouvernement de Sa Majesté, qui, dans le -Mémorandum du 11 Février, 1904, déclare que l’industrie et le -développement des Colonies et Protectorats Britanniques en Afrique -montrent que le Gouvernement de Sa Majesté a toujours admis la nécessité -de faire contribuer les natifs aux charges publiques et de les amener au -travail. Nous sommes d’accord également avec le Gouvernement de Sa -Majesté que si en cette matière des abus se commettent, comme, il est -vrai, il s’en est produit en toutes Colonies, ces abus appellent des -réformes, et qu’il est du devoir de l’autorité supérieure d’y mettre fin -et de concilier, dans une juste mesure, les nécessités Gouvernementales -avec les intérêts bien entendus des indigènes. - -Mais l’État du Congo entend à cet égard se mouvoir librement dans -l’exercice de sa souveraineté--comme, par exemple, le Gouvernement -Britannique explique dans son dernier Mémorandum l’avoir fait à -Sierra-Leone--en dehors de toute pression extérieure on de toute -ingérence étrangère, qui seraient attentatoires à ses droits essentiels. - -Le Rapport du Consul vise manifestement à créer l’impression que la -perception de l’impôt, au Congo, est violente, inhumaine et couelle, et -nous voulons, avant tout, rencontrer l’accusation si souvent dirigée -contre l’État, que cette perception donnerait lieu à d’odieux actes de -mutilation. A cet égard, la lecture superficielle du Rapport est de -nature à impressionner, par l’accumulation complaisante, non pas de -faits nets, précis, vérifiés, mais de déclarations et d’affirmations des -indigènes. - -Une remarque préliminaire s’impose sur les conditions dans lesquelles le -voyage du Consul s’est effectué. - -Qu’il l’ait voulu ou non, M. le Consul Britannique a apparu aux -populations comme le redresseur des griefs, réels ou imaginaires, des -indigènes, et sa présence à La Lulonga, coïncidant avec la campagne -menée contre l’État du Congo, en une région où s’exerce depuis longtemps -l’influence des missionnaires Protestants, devait fatalement avoir pour -les indigènes une signification qui ne leur à pas échappé. C’est en -dehors des agents de l’État, en dehors de toute action ou de tout -concours de l’autorité régulière que le Consul a fait ses -investigations; c’est assisté par des missionnaires Protestants Anglais -qu’il a procédé; c’est sur un vapeur d’une Mission Protestante qu’il a -fait son inspection; c’est dans les Missions Protestantes qu’il a -généralement reçu l’hospitalité; dans ces conditions, il a dû -inévitablement être considéré par l’indigène comme l’antagoniste de -l’autorité établie. - -Nous n’en voulons d’autre preuve que le fait caractéristique -d’indigènes, pendant le séjour du Consul à Bonginda, s’attroupant à la -rive, au passage en pirogue d’agents de la Société “La Lulonga” et -s’écriant:-- - - “Votre violence est finie, elle s’en va; les Anglais seuls restent; - mourez vous autres!” - -Et cet aveu significatif d’un missionnaire Protestant qui, à propos de -ce fait, explique:-- - - “The Consul was here at the time, and the people were much excited, - and evidently thought themselves on top.... The people have got - this idea (that the rubber work was finished) into their heads of - themselves, consequent, I suppose, upon the Consul’s visit.” - -Dans ces circonstances, en raison de l’état d’esprit qu’elles révèlent -chez les indigènes, en raison de leur caractère impressionnable et de -leur désir naturel de se soustraire à la charge de l’impôt, il n’était -pas douteux que les conclusions auxquelles arriverait le Consul ne -seraient pas autres que celles de son Rapport. - -Il suffira, pour mettre ce point en évidence et pour caractériser le -manque de valeur de ses investigations, de s’arrêter à un seul cas, -celui sur lequel s’est porté tout l’effort de Mr. Casement, nous voulons -parler de l’affaire Epondo. C’est celle de l’enfant II dont le Rapport -parle aux pages 56, 58, et 78. - -Il est indispensable d’entrer un peu longuement dans les détails de -cette affaire, qui sont significatifs. - -Le Consul se trouvait, à la date du 4 Septembre, 1903, à la Mission de -la “Congo Bololo Mission,” à Bonginda, de retour d’un voyage dans la -Rivière Lopori, au cours duquel il n’avait constaté aucun de ces actes -de mutilation qu’il est d’usage de mettre à la charge des agents au -Congo. - -A Bonginda, des indigènes d’un village voisin (Bossunguma) viennent le -trouver et lui signalent entre autres qu’une “sentinelle” de la -Compagnie “La Lulonga,” nommée Kelengo, avait, à Bossunguma, coupé la -main d’un indigène du nom d’Epondo, dont les blessures étaient à peine -guéries. Le Consul se transporte à Bossunguma; il est accompagné des -deux Révérends W. D. Armstrong et D. J. Danielson et se fait présenter -l’indigène estropié, lequel, “en réponse à la question du Consul, accuse -de ce méfait une sentinelle nommée Kelengo (placée dans cet endroit par -l’agent local de la Société ‘La Lulonga’ pour vérifier si les indigènes -récoltaient du caoutchouc).” Ce sont les termes du Consul: il s’agissait -en effet d’établir un rapport de cause à effet entre la récolte du -caoutchouc et ce cas prétendu de cruauté. - -Le Consul procède à l’interrogatoire du Chef et de quelques indigènes du -village. Ils répondent en accusant Kelengo; la plupart déclarent avoir -été témoins oculaires du fait. Le Consul fait demander par ses -interprètes s’il se trouve là d’autres témoins qui ont vu le crime et en -accusent Kelengo: “presque tous les individus présents, au nombre -environ de quarante, s’écrient d’une seule voix que c’est Kelengo le -coupable.” - -Il faut lire toute cette enquête telle qu’elle a été libellée par le -Consul lui-même, en des sortes de procès-verbaux des 7, 8, et 9 -Septembre (Annexe 2), pour se rendre compte de l’acharnement avec lequel -les indigènes accablent Kelengo, et des dénégations de l’accusé se -heurtant à l’unanimité de tous ceux qui le chargent. De partout -surgissent les dénonciateurs et de la foule surexcitée jaillissent les -accusations les plus diverses: il a coupé la main d’Epondo, enchaîné des -femmes, volé des canards et un chien! L’attention du Consul ne veut pas -s’éveiller en présence du caractère passionné des dépositions; sans -autre garantie de leur sincérité, sans autre contrôle de leur véracité, -il considère son enquête comme concluante, et, de même qu’il s’était -substitué au Parquet pour l’instruction de l’affaire, de même il préjuge -la décision de l’autorité compétente en déclarant à la population -assemblée que “Kelengo deserved severe punishment for his illegal and -cruel acts.” Dramatisant l’incident, il emmène avec lui la prétendue -victime, l’exhibe le 10 Septembre devant le Chef de Poste de -Coquilhatville, auquel il remet la copie de son enquête, et le 12 -Septembre, il adresse au Gouverneur-Général une lettre qu’il qualifie de -“personal and private,” dans laquelle il prend texte entre autres de -l’incident pour accuser “the system of general exploitation of an entire -population which can only be rendered successful by the employment of -arbitrary and illegal force.” Cette enquête terminée, il reprenait -aussitôt la route du Bas-Congo. - -Les circonstances de fait eussent-elles été exactes, encore serait-on -frappé de la disproportion des conclusions que le Consul en déduit, en -généralisant avec emphase son système de critiques contre l’État du -Congo. Mais le fait même, tel qu’il l’a présenté, est inexact. - -En effet, dès la dénonciation du Consul connue du Parquet, celui-ci se -rendit sur les lieux en la personne du Substitut du Procureur d’État, M. -Gennaro Bosco, et procéda à une enquête judiciaire dans les conditions -normales en dehors de toute influence étrangère. Cette enquête démontra -que M. le Consul de Sa Majesté Britannique avait été l’objet d’une -machination ourdie par les indigènes, qui, dans l’espoir de n’avoir -plus à travailler, avaient comploté de représenter Epondo comme la -victime de procédés inhumains d’un capita d’une Société commerciale. En -réalité, Epondo avait été victime d’un accident de chasse et mordu à la -main par un sanglier; la blessure s’était gangrenée et avait occasionné -la perte du membre, ce qui avait été habilement exploité par les -indigènes vis-à-vis du Consul. Nous joignons (Annexe 3) les extraits de -l’enquête faite par le Substitut relatifs à cette affaire Epondo. Les -dépositions sont typiques, uniformes et concordantes. Elles ne laissent -aucun doute sur la cause de l’accident, attestent que les indigènes ont -menti au Consul, et révèlent le mobile auquel ils ont obéi, dans -l’espoir que l’intervention du Consul les déchargerait de l’obligation -de l’impôt. L’enquête montre Epondo, enfin acculé, rétractant ses -premières affirmations au Consul, et avouant avoir été influencé par les -gens de son village. Il est interrogé:-- - - “_D._ Persistez-vous à accuser Kelengo de vous avoir coupé la main - gauche? - - “_R._ Non; j’ai menti. - - “_D._ Racontez alors comment et quand vous avez perdu la main. - - “_R._ J’étais esclave de Monkekola, à Malele, dans le district des - Bangala. Un jour, j’allai avec lui à la chasse au sanglier. Il en - blessa un avec une lance, et alors la bête, devenue furieuse, - m’attaqua. Je tâchai de me sauver avec la suite, mais je tombai; le - sanglier fut bientôt sur moi, m’arrachant la main gauche, au ventre - et à la hanche gauche. Le comparant montre les cicatrices aux - endroits désignés, et spontanément se met par terre pour faire voir - dans quelle position il se trouvait lorsqu’il fut attaqué et blessé - par le sanglier. - - “_D._ Depuis combien de temps cet accident vous est-il arrivé? - - “_R._ Je ne me rappelle pas. C’est depuis longtemps. - - “_D._ Pourquoi alors aviez-vous accusé Kalengo? - - “_R._ Parce que Momaketa, un des Chefs de Bossunguma, me l’a dit, - et après tous les habitants de mon village me l’ont répété. - - * * * * * - - “_D._ Les Anglais vous ont-ils photographié? - - “_R._ Oui, à Bonginda et à Lulanga. Ils m’ont dit de mettre bien en - évidence le moignon. Il y avait Nenele, Mongongolo, Torongo, et - autres blancs, dont je ne connais pas les noms. Ils étaient les - blancs de Lulanga. Mongongolo a porté avec lui six - photographies.”[33] - -Epondo a réitéré ses déclarations et rétractations spontanément à un -missionnaire Protestant, M. Faris, résidant à Bolengi. Ce Révérend a -remis au Commissaire-Général de Coquilhatville la déclaration écrite -suivante:-- - - “Je soussigné E.-E. Faris, missionnaire, résidant à Bolengi, - Haut-Congo, déclare que j’ai interrogé l’enfant Epondo, du village - de Bosongoma, qui a été chez moi le 10 Septembre, 1903, avec Mr. - Casement, le Consul d’Angleterre, et que j’ai mené à la Mission de - Bolengi, le 16 Octobre, 1903, selon la requête de M. le Commandant - Stevens, de Coquilhatville, et que le dit enfant m’a dit - aujourd’hui, le 17 Octobre, 1903, qu’il a perdu sa main par la - morsure d’an sanglier. - - “Il m’a dit également qu’il a informé Mr. Casement que sa main a - été coupé par un soldat, ou bien d’un des travailleurs de blancs, - qui ont fait la guerre dans son village pour faire apporter le - caoutchouc, mais il affirme que cette dernière histoire qu’il m’a - dite aujourd’hui est la vérité. - -“E.-E. FARIS. - - “A Bolengi, le 17 Octobre, 1903.” - -L’enquête aboutit à une ordonnance de non-lieu ainsi motivée en ce qui -concerne le cas Epondo:-- - - “Nous, Substitut du Procureur d’État près le Tribunal de - Coquilhatville; - - “Vu les notes rédigées par le Consul de Sa Majesté Britannique, à - l’occasion de sa visite aux villages d’Ikandja et Bossunguma, dans - la région des Ngombe, d’où résulte que le nommé Kelengo, garde - forestier au service de la Société ‘La Lulonga,’ aurait-- - - “(_a._) Coupé ..., la main gauche au nommé Epondo. - - “(_b._).... - - “(_c._).... - - “Vu l’enquête faite par M. le Lieutenant Braeckman, confirmant en - partie l’enquête faite par le Consul de Sa Majesté Britannique, - mais le contredisant en partie, et ajoutant aux accusations - précédemment faites à Kelengo, celle d’avoir tué un indigène nommé - Baluwa; - - “Vu les conclusions posées par cet officier de police judiciaire - tendant à faire naître des soupçons assez graves sur la vérité de - toutes ces accusations; - - “Attendu que tous les indigènes qui ont accusé Kelengo, soit au - Consul de Sa Majesté Britannique, soit au Lieutenant Braeckman, - convoqués par nous, Substitut, ont pris la fuite, et tout les - efforts faits pour les retrouver n’ont abouti à aucun résultat; que - cette fuite discrédite évidemment leurs affirmations; - - “Que tous les témoins interrogés dans notre enquête attestent ... - qu’Epondo a perdu la main gauche parce qu’un sanglier la lui a - arrachée ...; - - “Qu’Epondo confirme ces attestations, avouant qu’il a menti par - suggestion des indigènes de Bossunguma et Ikondja, qui espéraient - de se soustraire à la récolte du caoutchouc moyennant - l’intervention du Consul de Sa Majesté Britannique, qu’ils - jugeaient très puissant; - - “Que les témoins, presque tous indigènes des villages accusateurs, - confirment que tel fut le but de leur mensonge; - - “Que cette version, indépendamment de l’unanimité des affirmations - des témoins et des parties lésées, se présente aussi comme la plus - plausible, parce que personne n’ignore, soit la répugnance des - indigènes pour le travail en général et la récolte du caoutchouc, - soit leur facilité à mentir et à porter de fausses accusations; - - “Qu’elle est confirmée par l’opinion, nettement formulée, du - missionnaire Anglais Armstrong, qui retient les indigènes ‘capables - de tout complot pour éviter de travailler, et surtout de faire le - caoutchouc’; - - “Que l’innocence de Kelengo étant complètement prouvée, il n’y a - pas lieu à le poursuivre; - - “Par ces motifs: - -“Nous, Substitut, déclarons non-lieu à poursuivre le nommé Kelengo, -garde forestier au service de la Société ‘La Lulonga,’ pour les crimes -prévus par les Articles 2, 5, 11, 19 du Code Pénal. - -Le Substitut, -(Signé) BOSCO. - -“Mampoko, le 9 Octobre, 1903.” - -Si nous avons insisté sur les détails de cette affaire, c’est qu’elle -est considérée par le Consul lui-même comme d’une importance capitale et -qu’il se base sur ce seul cas pour conclure à l’exactitude de toutes les -autres déclarations d’indigènes qu’il a recueillies. - - “Dans le seul cas sur lequel j’ai pu enquêter personnellement, - dit-il[34]--celui de l’enfant II--j’ai trouvé cette accusation - établie sur les lieux, sans apparemment une ombre de doute quant à - la culpabilité de la sentinelle accusée.” - -Et plus loin:-- - - “Dans le village de R*, j’ai eu seulement le temps de faire enquête - sur l’accusation faite par II.”[35] - -Et ailleurs:-- - - “Il était évidemment impossible que je puisse ... vérifier sur - place, comme dans le cas de l’enfant, les déclarations que me - firent les indigènes. Dans ce seul cas, la vérité des accusations - fut amplement démontrée.”[36] - -C’est aussi à propos de cette affaire que, dans sa lettre du 12 -Septembre, 1903, au Gouverneur-Général, il disait:-- - - “When speaking to M. le Commandant Stevens at Coquilhatville on the - 10th instant, _when the mutilated boy Epondo stood before us as - evidence of the deplorable state of affairs_ I reprobated, I said: - ‘I do not accuse an individual, I accuse a system.’” - -La réflexion s’impose que si les autres informations du Rapport du -Consul ont toutes la même valeur que celles qui lui ont été fournies -dans cette seule espèce, elles ne peuvent, à aucun degré, être -considérées comme probantes. Et il saute aux yeux que dans les autres -cas où le Consul, de sa propre déclaration, ne s’est livré à aucune -vérification des affirmations des indigènes, ces affirmations ont moins -de poids encore, si possible. - -Il faut reconnaître, sans doute, que le Consul s’exposait délibérément à -d’inévitables mécomptes, de par sa manière d’interroger les -indigènes,--ce qu’il faisait, en effet, à l’aide de deux interprètes: -“par l’intermédiaire de Vinda, parlant en Bobangi, et de Bateko, -répétant ses paroles dans le dialecte local,”[37] de sorte que le Consul -était à la merci non seulement de la sincérité de l’indigène interrogé, -mais encore de la fidélité de traduction de deux autres indigènes, dont -l’un, d’ailleurs, était un de ses serviteurs, et dont l’autre, -semble-t-il, était l’interprète des missionnaires.[38] Quiconque s’est -trouvé en contact avec l’indigène sait cependant son habitude du -mensonge: le Révérend C. H. Harvey constatait:[39]-- - -“Les natifs du Congo qui nous entouraient étaient méprisables, perfides, -et cruels, impudemment menteurs, malhonnêtes et vils.” - -Et le fait n’est pas non plus sans importance,--si l’on veut exactement -se rendre compte de la valeur des témoignages,--de la présence aux côtés -de Mr. Casement, qui interrogeait les indigènes, de deux missionnaires -Protestants Anglais de la région, présence qui, à elle seule, a dû -nécessairement orienter les dépositions.[40] - -Nous dépasserions nous-mêmes la mesure si, de ce qui précède, nous -concluions au rejet en bloc de toutes les informations indigènes -enregistrées par le Consul. Mais il en ressort à l’évidence qu’une telle -documentation est insuffisante pour asseoir un jugement fondé, et que -ces informations obligent à une vérification minutieuse et impartiale. - -Que si l’on dégage du volumineux Rapport du Consul, les autres cas qu’il -_a vus_ et qu’il enregistre comme des cas de mutilation, on constate -qu’il en cite deux comme s’étant produits au Lac Matumba[41] “il y a -plusieurs années.”[42] Il en cite quelques autres--sur le nombre -desquels les renseignements du Rapport ne semblent pas être -concordants[43]--qu’il renseigne comme ayant été commis dans les -environs de Bonginda,[44] précisément en cette région où s’est placée -l’enquête Epondo et où, comme on l’a vu, les esprits étaient montés et -influencés. Ce sont ces affaires que, dit-il, il n’a pas eu le temps -d’approfondir,[45] et qui, au dire des indigènes, étaient imputables aux -agents de la Société “La Lulanga.” Étaient-ce là des victimes de la -pratique de coutumes indigènes, que les natifs se seraient bien gardés -d’avouer? Les blessures constatées par le Consul étaient-elles dues à -l’une ou l’autre lutte intestine entre villages ou tribus? Ou bien -était-ce réellement le fait de sous-ordres noirs de la Société? On ne -saurait se prononcer à la lecture du Rapport, les indigènes, ici comme -toujours, étant la seule source d’informations du Consul et celui-ci -s’étant borné à prendre rapidement note de leurs multiples affirmations -en quelques heures de la matinée du 5 Septembre, pressé qu’il était par -le temps “to reach K* (Bossunguma) at a reasonable hour.”[46] - -Nonobstant la considération qu’il attache à “l’air de franchise” et “à -l’air de conviction et de sincérité”[47] des indigènes, l’expérience -faite par lui-même commande incontestablement la prudence et rend -téméraire son appréciation: “qu’il était clair que ces hommes -déclaraient soit ce qu’ils avaient réellement vu de leurs yeux, soit ce -qu’ils pensaient fermement dans leurs cœurs.”[48] - -Toutefois, il suffit que soient signalés ces quelques faits, actes de -cruauté ou non, auxquels se réduisent en définitive ceux constatés -personnellement par le Consul, sans qu’il puisse à suffisance de preuve -en établir les causes réelles, pour que l’autorité doive y porter son -attention et pour que des enquêtes soient ordonnées à leur sujet. A cet -égard, le regret doit être exprimé de ce que l’exemplaire du Rapport, -communiqué au Gouvernement de l’État Indépendant du Congo, ait -systématiquement omis toute indication de date, de lieu, de noms. Il -n’est pas à méconnaître que ces suppressions rendront excessivement -malaisée la tâche des Magistrats Instructeurs, et, dans l’intérêt de la -manifestation de la vérité, le Gouvernement du Congo formule le vœu -d’être mis en possession du texte complet du Rapport du Consul. - -On ne s’étonnera pas si le Gouvernement de l’État du Congo s’élève, en -cette occasion, contre le procédé de ses détracteurs, mettant dans le -domaine public la reproduction de photographies d’indigènes mutilés, et -créant cette odieuse légende de mains coupées à la connaissance ou même -à l’instigation des Belges en Afrique. C’est ainsi que la photographie -d’Epondo, estropié dans les conditions que l’on sait, et qui “a été deux -fois photographié,” est probablement une de celles circulant dans les -pamphlets Anglais comme preuve de l’exécrable administration des Belges -en Afrique. On a vu une revue Anglaise reproduisant la photographie d’un -“cannibale entouré des crânes de ses victimes,” et la légende portait: -“In the original photograph, the cannibal was naked. The artist has made -him decent by ... covering his breast with the star of the Congo State. -It is now a suggestive emblem of the Christian veneered cannibalism on -the Congo.”[49] A ce compte, il suffirait, pour jeter le discrédit sur -l’Administration de l’Uganda, de mettre dans la circulation des clichés -reproduisant les mutilations dont le Dr. Castellani dit, dans une -lettre datée d’Uganda, du 16 Décembre, 1902, avoir constaté l’existence -aux environs mêmes d’Entebbe: “Il n’est pas difficile d’y rencontrer des -indigènes sans nez, sans oreilles, &c.”[50] - -C’est dire que dans l’Uganda comme au Congo, les indigènes sacrifient -encore à leurs instincts sauvages. Mr. Casement a prévu l’objection en -affirmant:-- - - “It was not a native custom prior to the coming of the white man; - it was not the outcome of the primitive instincts of savages in - their fights between village and village; it was the deliberate act - of soldiers of a European Administration, and these men themselves - never made any concealment that in committing these acts they were - but obeying the positive orders of their superiors.”[51] - -L’articulation d’une aussi grave accusation, sans qu’elle soit en même -temps étayée sur des preuves irréfragables, semble donner raison à ceux -qui pensent que les emplois antérieurs de Mr. Casement ne l’avaient pas -préparé entièrement aux fonctions Consulaires. Mr. Casement est resté -dix-sept jours au Lac Mantumba, un lac, dit de 25 à 30 milles de long et -de 12 ou 15 milles de large, entouré d’épaisses forêts.[52] Il ne s’est -guère éloigné de la rive. On ne voit pas dès lors quelles investigations -utiles il a pu faire sur les mœurs d’autrefois et les habitudes -anciennes des populations. La constatation que ces tribus sont encore -très sauvages et adonnées au cannibalisme[53] permet de croire, au -contraire, qu’elles n’étaient pas exemptes de la pratique de ces actes -cruels qui, d’une manière générale en Afrique, étaient le cortège -habituel de la barbarie des mœurs et de l’anthropophagie. Dans une -partie des régions que le Consul a visitées, les témoignages des -missionnaires Anglais ne sont à cet égard que trop instructifs. Le -Révérend McKittrick, parlant des luttes meurtrières entre indigènes, dit -ses efforts d’autrefois auprès des Chefs pour pacifier la contrée: “ -...Nous leur dîmes qu’à l’avenir nous ne laisserions plus passer par -notre station aucun homme armé de lance ou de couteau. Notre Dieu était -un Dieu de paix, et nous, ses enfants, nous ne pouvions supporter de -voir nos frères noirs se couper et se blesser l’un l’autre (cutting and -stabbing each other).”[54] “Lorsque j’allais çà et là dans la rivière, -dit un autre missionnaire, on me montrait les endroits de la rive d’où -avaient coutume de partir les guerriers pour capturer les canots et les -hommes. Il était affligeant d’entendre décrire les terribles massacres -qui avaient lieu d’habitude à la mort d’un grand Chef. Un trou profond -était creusé en terre, où des vingtaines d’esclaves jetés après que -leurs têtes avaient été coupées (after having their heads cut off), et -sur cette horrible pile, on plaçait le cadavre du Chef couronnant ce -carnage humain indescriptible.”[55] Et les missionnaires constatent -combien encore en ces jours actuels les indigènes reviennent aisément à -leurs anciennes coutumes. Il apparaît aussi que cette autre affirmation -du Rapport[56] qu’à la différence d’aujourd’hui, les indigènes autrefois -ne s’enfuyaient pas à l’approche d’un steamer, n’est pas d’accord avec -les récits des voyageurs et explorateurs. - -Il est, en tout cas, à remarquer que le Consul n’a constaté dans le -territoire où s’exerce l’activité de la Société A.B.I.R. aucun de ces -faits de cruauté qui eût pu être représenté comme imputable aux agents -commerciaux. La coïncidence est à relever, puisque la Société A.B.I.R. -est précisément une Compagnie à Concession et qu’on ne cesse d’attribuer -au régime des Concessions les conséquences les plus désastreuses pour -les indigènes. - -Ce qui domine les innombrables questions touchées par le Consul et la -multiplicité des menus faits qu’il a recueillis, c’est de savoir si -vraiment cette sorte de tableau d’une existence misérable, qui serait -celle des indigènes, répond à la réalité des choses. Nous prendrons pour -exemple la région de la Lulanga et du Lopori, parce que là se trouvent, -depuis des années, des centres de Missions de la “Congo Balobo Mission.” -Ces missionnaires y sont établis en des endroits les plus distants et -les plus intérieurs: à Lulonga, Bonginda, Ikau, Bougandanga, et Baringa, -tous points situés dans la région où opèrent la Société “La Lulonga” et -la Société A.B.I.R. Ils sont en contact suivi avec les populations -indigènes, et une revue spéciale mensuelle, “Regions Beyond,” publie -régulièrement leurs lettres, notes, et rapports. Que l’on parcoure la -collection de ce recueil; nulle part, à aucun moment avant Avril 1903--à -cette dernière date, la motion de Mr. Herbert Samuel était, il est vrai, -annoncée au Parlement--on ne trouve trace d’une appréciation quelconque -signalant ou révélant que la situation générale des populations -indigènes dût être dénoncée au monde civilisé. Les missionnaires s’y -félicitent de la sympathie active des agents, officiels, et commerciaux -à leur égard,[57] des progrès de leur œuvre d’évangélisation,[58] des -facilités que leur apporte la création de routes,[59] de la pacification -des mœurs, “dû à la fois aux missionnaires et aux commerçants,”[60] -de la disparition de l’esclavage,[61] de la densité de la -population,[62] du nombre grandissant de leurs élèves, “grâce à l’État, -qui a donné des ordres pour que les enfants fussent menés à -l’école,”[63] de la disparition graduelle des pratiques indigènes -primitives,[64] du contraste enfin entre le présent et le passé.[65] -Admettra-t-on que ces missionnaires Chrétiens et Anglais, qui, au cours -de leurs itinéraires, visitaient les postes de factorerie et étaient -témoins des marchés de caoutchouc, se seraient rendus complices par leur -silence d’un régime inhumain ou tortionnaire? Un des Rapports annuels de -la “Congo Bolobo Mission” dit dans ses conclusions: “Dans l’ensemble, le -coup d’œil rétrospectif est encourageant. S’il n’y a pas eu une -avance considérable, il n’y a pas eu de triste déception, et il n’est -aucune opposition définitive à l’œuvre.... Il y a eu de la disette et -des maladies parmi les natifs, notamment à Bonginda.... A part cela, il -n’y a pas eu de sérieux empêchements au progrès....”[66] Et, parlant -incidemment des effets bienfaisants du travail sur l’état social des -indigènes, un missionnaire écrit: “The greatest obstacle to conversion -is polygamy. Many evils have been put down, _e.g._, idleness, thanks to -the State having compelled the men to work; and fighting, through their -not having time enough to fight.”[67] Ces appréciations des -missionnaires nous paraissent plus précises que les données d’un Rapport -à chaque page duquel, pour ainsi dire, on lit: “I was told;” “it was -said;” “I was informed;” “I was assured;” “They said;” “it was alleged;” -“I had no means of verifying;” “It was impossible to me to verify;” “I -have no means of ascertaining,” &c. En dix lignes, par exemple, on -rencontre quatre fois l’expression: “appears;” “would seem;” “would -seem;” “do not seem.”[68] - -Le Consul ne semble pas s’être rendu compte que c’est le travail qui -constitue l’impôt indigène au Congo, et que cette forme d’impôt se -justifie autant par son caractère moralisateur que par l’impossibilité -de taxer autrement l’indigène, en raison même du fait, constaté par le -Consul, que l’indigène n’a pas de numéraire. Cette dernière -considération fait, pour en donner un autre exemple, que sur 56,700 -huttes imposées dans la North-Eastern Rhodesia, 19,653 payent la taxe -“in labour” et 4,938 la payent “in produce.”[69] Que ce travail soit -fourni directement à l’État ou à telle ou telle entreprise privée, qu’il -soit adapté, selon les possibilités locales, à telles prestations ou à -telles autres, sa justification a toujours l’une de ses bases dans ce -que le Mémorandum du 11 Février dernier reconnaît être la “necessity of -the natives being induced to work.” Le Consul s’inquiète surtout de la -qualification à donner à la fourniture du travail; il s’étonne, si c’est -là un impôt de ce que cet impôt soit payé et recouvrable parfois par des -agents commerciaux. Dans la rigueur des principes, il est à reconnaître, -en effet, que la rémunération d’un impôt heurte les notions fiscales -ordinaires; elle s’explique cependant en fait si l’on songe qu’il s’est -agi de faire contracter l’habitude de travail à des indigènes qui y ont -été réfractaires de tout temps. Et si cette idée du travail peut être -plus aisément inculquée aux natifs sous la forme de transactions -commerciales entre eux et des particuliers, faut-il nécessairement -condamner ce mode d’action, notamment dans des régions dont -l’organisation administrative n’est pas complétée? Mais il s’impose que, -dans leurs rapports de cet ordre avec les indigènes, les agents -commerciaux, comme d’ailleurs les agents de l’État eux-mêmes, -s’inspirent de pratiques bienveillantes et humaines. A cet égard, les -éléments que fournit le Rapport du Consul seront l’objet d’une étude -approfondie, et si le résultat de cet examen révélait des abus réels ou -commandait des réformes, l’Administration supérieure agirait comme -l’exigeraient les circonstances. - -Nul n’a jamais pensé, d’ailleurs, que le régime fiscal au Congo eût -atteint d’emblée la perfection, notamment au point de vue de l’assiette -de l’impôt et des moyens de recouvrement. Le système des “chefferies,” -bon en soi en ce qu’il place entre l’autorité et l’indigène -l’intermédiaire de son chef naturel, procédait d’une idée mise en -pratique ailleurs:-- - - “The more important Chiefs who helped the Administration have been - paid a certain percentage of the taxes collected in their - districts, and I think that if this policy is adhered to each year, - the results will continue to be satisfactory and will encourage the - Chiefs to work in harmony with the Administration.”[70] - -Le Décret sur les chefferies[71] établissait le principe de l’impôt, et -sa perception selon “un tableau des prestations annuelles à fournir, par -chaque village, en produits, en corvées, travailleurs ou soldats.” -L’application de ce Décret a été formulée en des actes d’investiture, -des tableaux statistiques et des états de prestation, dont les modèles -sont reproduits à l’Annexe IV. Contrairement à ce que pense le Rapport, -ce Décret a reçu l’exécution compatible avec l’état d’avancement social -des tribus; de nombreux actes d’investiture ont été dressés et des -efforts ont été faits pour établir des états de répartition équitable -des prestations. Le Consul eût pu s’en assurer dans les bureaux des -Commissariats, notamment des districts du Stanley-Pool et de l’Équateur -qu’il a traversés; mais il a généralement négligé les sources -d’informations officielles. Sans doute, l’application fut et devait être -limitée dans les débuts, et il a pu en résulter que les demandes -d’impôts ont atteint, pendant quelque temps, les seuls villages dans un -certain périmètre autour des stations; mais cette situation s’est -améliorée progressivement au fur et à mesure que, les régions plus -distantes se trouvant englobées dans la zone d’influence des postes -gouvernementaux, le nombre des villages astreints à l’impôt s’est accru -successivement et que les taxes ont pu être réparties sur un chiffre -plus grand de contribuables. Le Gouvernement vise à ce que le progrès -soit constant dans cette voie, c’est-à-dire à ce que l’impôt soit le -plus équitablement réparti et soit, autant que possible, personnel; le -Décret du 18 Novembre, 1903, tend à ce but en prescrivant -l’établissement de “rôles des prestations indigènes” de manière que les -obligations de chacun des natifs soient nettement précisées. - - “Chaque année, dit l’Article 28 de ce Décret, les Commissaires de - District dresseront dans les limites de l’Article 2 du présent - Règlement (c’est-à-dire dans la limite de quarante heures de - travail par mois par indigène), les rôles des prestations à - fournir, en espèce et en durée de travail par chacun des indigènes - résidant dans les territoires de leur district respectif.” Et - l’Article 55 punit “quiconque, chargé de la perception des - prestations, aura exigé des indigènes, soit comme impôt en nature - soit comme heures de travail, des prestations d’une valeur - supérieure à celles prévues dans les rôles d’impositions.” - -Nul n’ignore que le recouvrement de l’impôt se heurte parfois au mauvais -vouloir, et même au refus de payer. La démonstration qu’en fait le -Rapport du Consul pour le Congo est corroborée par l’expérience faite, -par exemple, dans la Rhodésia. - - “The Ba-Unga (Awemba district), inhabitants of the swamps in the - Chambezi delta, gave some trouble on being summoned to pay - taxes.”[72]--“Although in many cases whole villages retired into - the swamps on being called upon for the hut tax, the general result - was satisfactory for the first year (Luapula - district).”[73]--“Milala’s people have succeeded in evading - taxes.”[74]--“A few natives bordering on the Portuguese territory, - who, owing to the great distance they reside from the Native - Commissioners’ stations, are not under the direct supervision of - the Native Commissioners, have so far evaded paying hut tax, and - refused to submit themselves to the authority of the Government. - The rebel Chief, Mapondera, has upon three occasions successfully - eluded punitive expeditions sent against him.... Captain Gilson, of - the British South Africa Police, was successful in coming upon him - and a large following of natives, and inflicting heavy losses upon - them.... His kraal and all his crops were destroyed. He is now - reported to be in Portuguese territory.... Siji M’Kota, another - powerful Chief, living in the northern parts of the M’toko - district, bordering on Portuguese territory, has also been - successful in evading the payment of hut tax, and generally - pursuing the adoption of an attitude which is not acceptable to the - Government. I am pleased to report that a patrol is at present on - its way to these parts to deal with this Chief, and to endeavour to - obtain his submission. It will be noted that the above remarks - relate solely to those natives who reside along the borders of our - territories, and whose defiant attitude is materially assisted by - reason of this proximity to the Portuguese border, across which - they are well able to proceed whenever they consider that any - meeting or contact with the Native Commissioner will interfere in - any way with their indolent and lazy life. They possess no movable - property which might be attached with a view to the recovery of hut - tax unpaid for many years, and travel backwards and forwards with - considerable freedom, always placing themselves totally beyond the - reach of the Native Commissioner.”[75] - -C’est là un exemple de ces “punitive expeditions” auxquelles l’autorité -se voit obligée de recourir parfois, et aussi de ce procédé des natifs, -non spécial aux indigènes Congolais, de se déplacer en territoire voisin -pour se soustraire à l’exécution de la loi.--Que si, au Congo, dans le -recouvrement des prestations indigènes, des cas, parmi ceux cités par le -Consul, ont réellement dépassé les limites d’une rigueur juste et -pondérée, ce sont là des circonstances de faits que des investigations -sur les lieux pourront seules élucider, et des instructions seront, à -cet effet, données à l’administration de Boma. - -Il ne peut être davantage accepté, jusqu’à plus ample informé, les -considérations du Rapport sur l’action des gardes forestiers au service -de la Société A.B.I.R. et de “La Lulonga.” Ces sous-ordres sont -représentés par le Consul comme exclusivement préposés à “obliger par -force la récolte du caoutchouc ou les approvisionnements dont chaque -factorerie a besoin.”[76] Une autre explication a cependant été donnée, -mais elle n’émane pas d’un indigène, à savoir que ces gardes forestiers -ont pour mission de veiller à ce que la récolte du caoutchouc se fasse -rationnellement et d’empêcher notamment que les indigènes ne coupent les -lianes.[77] On sait, en effet, que la loi a prescrit des mesures -rigoureuses pour assurer la conservation des zones caoutchoutières, a -réglementé leur exploitation et a imposé des plantations et -replantations, en vue d’éviter l’épuisement complet du caoutchouc, comme -on l’a vu par exemple dans la “North-Eastern and Western Rhodesia.”[78] -Les Sociétés et particuliers exploitants ont de ce chef une lourde -responsabilité et ont incontestablement une surveillance minutieuse à -exercer sur les modes et procédés de récoltes. La raison d’être de ces -gardes forestiers peut donc, en réalité, être tout autre que celle dite -par le Consul; en tout cas, les plaintes formulées à ce sujet formeront -l’un des points de l’enquête au Congo, de même que cette autre remarque -du Rapport que l’armement de ces gardes forestiers serait excessif et -abusif. Il faut dès à présent remarquer que dans ses évaluations du -nombre des gardes armés, le Consul procède par déductions -hypothétiques[79] et qu’il dit lui-même: “I have no means of -ascertaining the number of this class of armed men employed by the -A.B.I.R. Company.”[80] Il donne le détail que le fusil d’un de ces -hommes était marqué sur la crosse: “Dépôt 2,210.” Or, il est évident -qu’une telle indication ne peut avoir la signification que voudrait lui -donner le Consul que pour autant qu’il soit établi qu’elle se rapporte à -un numérotage des armes utilisées dans la Concession, et tel n’est pas -le cas, car cette marque: Dépôt ... n’est employée ni par les Agents de -l’État ni par la Société, et il est à supposer qu’elle constitue une -ancienne marque, soit de fabrication, soit de magasin. Quant à -l’armement des capitas, le Consul ne doit pas ignorer que ce point--qui -n’est pas sans difficulté, puisqu’il faut à la fois tenir compte de la -nécessité de la défense personnelle du capita et de l’écueil d’un usage -abusif de l’arme qui lui est confiée--n’a cessé d’être l’objet de -l’attention de l’autorité supérieure. Il n’y a pas que la seule -Circulaire du 20 Octobre, 1900, reproduite par le Consul, qui ait traité -la question; il en est tout un ensemble, datant notamment des 12 Mars, -1897, 31 Mai et 28 Novembre, 1900, et 30 Avril, 1901. Nous les -reproduisons en Annexes, comme témoignant de l’absolue volonté du -pouvoir de faire appliquer strictement les dispositions légales en la -matière (Annexe V). Nonobstant les précautions incessantes, le Consul a -constaté que plusieurs capitas n’étaient pas porteurs de permis--ces -permis ne se trouvait-ils pas au siège de la Direction?--et que deux -d’entre eux étaient armés d’armes de précision.[81] Ces quelques -infractions ne suffiraient évidemment pas pour conclure à une sorte de -vaste organisation armée, destinée à terroriser les indigènes. Cette -autre Circulaire du 7 Septembre, 1903, reproduite à l’Annexe VII du -Rapport du Consul, montre, au contraire, le soin que met le Gouvernement -à ce que les soldats noirs réguliers eux-mêmes soient en tout temps sous -le contrôle des officiers Européens.[82] - -Telles sont les premières remarques que suggère le Rapport de M. -Casement, et nous nous réservons de le raconter plus en détail, lorsque -seront en possession du Gouvernement les résultats de l’enquête à -laquelle les autorités locales vont procéder. Il sera remarqué que le -Gouvernement, ne voulant pas paraître faire dévier le débat, n’a pas -soulevé la question préjudicielle au sujet des formes, à coup sûr -insolites, en lesquelles le Consul de Sa Majesté Britannique a agi en -territoire étranger. Il n’échappera pas combien le rôle que s’est -attribué le Consul en instituant des sortes d’enquêtes, en faisant -comparaître des indigènes, en les interrogeant comme par voie -d’autorité, en émettant même des espèces de jugements sur la culpabilité -d’accusés, est en dehors des limites des attributions d’un Consul. Les -réserves qu’appelle ce mode de procéder doivent être d’autant plus -formelles que le Consul intervenait de la sorte en des affaires où -n’étaient intéressés que des ressortissants de l’État du Congo et -relevant exclusivement de l’autorité territoriale. M. Casement s’est -chargé de se désavouer lui-même lorsque, le 4 Septembre, 1903, il -écrivait au Gouverneur-Général: “I have no right of representation to -your Excellency save where the persons or interests of British subjects -dwelling in this country are affected.” Il était donc conscient de ce -qu’il outrepassait les devoirs de sa charge, lorsqu’il investiguait sur -des faits d’administration purement intérieure et empiétait ainsi sur -les attributions des autorités territoriales, à l’encontre des règles du -droit Consulaire. - - “The grievances of the natives have been made known in this country - by ..., who brought over a Petition addressed to the King, praying - for relief from the excessive taxation and oppressive legislation - of which they complain.” - -Ces lignes sont extraites du “Report for 1903 de la British and Foreign -Anti-Slavery Society,” et les natifs dont il est question sont les -indigènes des Iles Fiji. Ce Rapport continue:-- - - “The case has been brought before the House of Commons. The - grievances include forced labour on the roads, and restrictions - which practically amount to slavery; natives have been flogged - without trial by Magistrate’s orders and are constantly subject to - imprisonment for frivolous causes. Petitions lodged with the local - Colonial Secretary have been disregarded. Mr. Chamberlain, in reply - to the questions asked in Parliament, threw doubt upon the - information received, but stated that the recently appointed - Governor is conducting an inquiry into the whole situation in the - Fiji Islands, in the course of which the matter will be fully - investigated.” - -Ces conclusions sont les nôtres au sujet du Rapport de M. Casement. - -_Bruxelles, le 12 Mars, 1904._ - - -(Translation.) - -During the sitting of the House of Commons of the 11th March, 1903, Lord -Cranborne observed:-- - - “We have no reason to think that slavery is recognized by the - authorities of the Congo Free State, but reports of acts of cruelty - and oppression have reached us. Such reports have been received - from our Consular Officers.” - -The Government of the Congo State addressed a letter on the 14th March, -1903, to Sir C. Phipps, requesting him to be good enough to communicate -the facts which had formed the subject of any reports from British -Consuls. - -No reply was received to this application. - -Lord Lansdowne’s despatch of the 8th August, 1903, contained the -following passage:-- - - “Representations to this effect (alleged cases of ill-treatment of - natives and existence of trade monopolies) are to be found ... in - despatches from His Majesty’s Consuls.” - -The impression was thus created that at that date His Majesty’s -Government were in possession of conclusive evidence furnished by their -Consuls: but none the less it seemed clearly necessary that Consul -Casement should undertake a journey in the Upper Congo. It would appear, -therefore, as if the conclusions contained in the note of the 8th August -were at least premature; it equally follows that, contrary to what was -said in that note, the British Consul was at liberty to undertake any -journey in the interior that he thought fit. In any case, it is to be -observed that, in spite of the repeated applications of the Congo State, -the White Paper (“Africa No. 1 (1904)”) recently presented to Parliament -does not contain any of these former Consular Reports, which -nevertheless would have been the more interesting as dating from a time -when the present campaign had not yet been initiated. - -The present Report draws attention to the fact that in certain places -visited by the Consul the population is decreasing. Mr. Casement does -not give the facts on which he bases his comparative figures for 1887 -and 1903. The question arises how, during the course of his rapid and -hasty visits, he was able to get his figures for this latter year. On -what facts, for instance, does he found his assertion that the riverain -population of Lake Mantumba _seems_ to have diminished from 60 to 70 per -cent. in the course of the last ten years. He states that at a certain -place designated as F* the population of all the villages together does -not at present amount to more than 500 souls; a few lines further on -these same villages are spoken of as only containing 240 inhabitants -altogether. These are only details, but they show at once what a lack of -precision there is in certain of the deductions made by the Consul. It -is, no doubt, unfortunately only too true that the population has -diminished; but the diminution is due to other causes than to the -exercise on the native population of a too exacting or oppressive -Administration. It is owing chiefly to the sleeping-sickness, which is -decimating the population throughout Equatorial Africa. The Report -itself observes that “a prominent place must be assigned to this -malady,”[83] and that this malady is “probably one of the principal -factors” in the diminution of the population.[84] It is only necessary -to read the Rev. John Whitehead’s letter, quoted by the Consul (Annex II -to the Report) to obtain an idea of the ravages of the malady, to which -this missionary attributes half of the deaths which take place in the -riverain parts of the district. In a recent interview Mgr. Van Ronslé, -Vicar Apostolic of the Belgian Congo, who speaks with the authority of -one who has had a large experience of African matters, and has resided -for long periods in many different localities in the Congo, explained -the development of this scourge and the inevitable decay of the -populations it attacks, whatever the conditions of their social -existence; mentioning among other cases the terrible loss of life caused -by this disease in Uganda. If to this principal cause of the -depopulation of the Congo are added small-pox epidemics, the inability -of the tribes at the present moment to keep up their numbers by the -purchase of slaves, and the ease with which the natives can migrate, it -can be explained how the Consul and the missionaries may have been -struck with the diminution of the number of inhabitants in certain -centres without that diminution necessarily being the result of a system -of oppression. Annex I contains the declarations on the subject made by -Mgr. Van Ronslé. His remarks as to the effect of the suppression of -slavery on the numbers of the population are printed elsewhere:-- - - “The people (slave) are for the most part originally prisoners of - war. Since the Decree of emancipation they have simply returned to - their own distant homes, knowing their owners have no power to - recapture them. This is one reason why some think the population is - decreasing, and another reason is the vast exodus up and down - river.”[85] - - “So long as the Slave Trade flourished the Bobangi flourished, but - with its abolition they are tending to disappear, for their towns - were replenished by slaves.”[86] - -The Consul mentions cases, the causes of which, however, are unknown to -him, of an exodus of natives of the Congo to the French bank. It is not -quite clear on what grounds he attaches blame to the State on their -account, to judge at least from the motives by which some of them have -been determined--for instance, the examples of such emigration which are -given and explained by the Rev. W. H. Bentley, an English missionary. -One relates to the station at Lukolela:-- - - “The main difficulty has been the shifting of the population. It - appears that the population, when the station was founded in 1886, - was between 5,000 and 6,000 in the riverain Colonies. About two - years later the Chief Mpuki did not agree with his neighbours or - they with him. When the tension became acute, Mpuki crossed over - with his people to the opposite (French) side of the river. This - exodus took away a large number of people. In 1890 or 1891 a Chief - from one of the lower towns was compelled by the majority of his - people to leave the State side, and several went with him. About - 1893 the rest of the people at the lower towns either went across - to the same place as the deposed Chief or took up their residence - inland. Towards the end of 1894 a soldier, who had been sent to cut - firewood for the State steamers on an island off the towns, left - his work to make an evil request in one of the towns. He shot the - man who refused him. The rascal of a soldier was properly dealt - with by the State officer in charge; but this outrage combined with - other smaller difficulties to produce a panic, and nearly all the - people left for the French side, or hid away inland. So the fine - township has broken up.”[87] - -The other refers to the station at Bolobo:-- - - “It is rare indeed for Bolobo, with its 30,000 or 40,000 people, - divided into some dozen clans, to be at peace for any length of - time together. The loss of life from these petty wars, the number - of those killed for witchcraft, and of those who are buried alive - with the dead, involve, even within our narrow limits here at - Bolobo, an almost daily drain upon the vitality of the country, and - an incalculable amount of sorrow and suffering.... The Government - was not indifferent to these murderous ways.... In 1890, the - District Commissioner called the people together, and warned them - against the burying of slaves alive in the graves of free people, - and the reckless killing of slaves which then obtained. The natives - did not like the rising power of the State.... Our own settlement - among them was not unattended with difficulty.... There was a - feeling against white men generally, and especially so against the - State. The people became insolent and haughty.... Just at this time - ... as a force of soldiers steamed past the Moye towns, the - steamers were fired upon. The soldiers landed and burnt and looted - the towns. The natives ran away into the grass, and great numbers - crossed to the French side of the river. They awoke to the fact - that Bula Matadi, the State, was not the helpless thing they had so - long thought. This happened early in 1891.”[88] - -It will be seen that these examples do not attribute the emigration of -the natives to any such causes as:-- - - “The methods employed to obtain labour from them by local officials - and the exactions levied on them.”[89] - -The Report dwells at length on the existence of native taxes. It shows -how the natives are subject to forced labour of various kinds, in one -district having to furnish the Government posts with “chikwangues,” or -fresh provisions, in another being obliged to assist in works of public -utility, such as the construction of a jetty at Bololo, or the up-keep -of the telegraph line at F*; elsewhere being obliged to collect the -produce of the domain lands. We maintain that such imposts on the -natives are legitimate, in agreement on this point with His Majesty’s -Government, who, in the Memorandum of the 11th February last, declare -that the industry and development of the British Colonies and -Protectorates in Africa show that His Majesty’s Government have always -admitted the necessity of making the natives contribute to the public -charges and of inducing them to work. We also agree with His Majesty’s -Government that, if abuses occur in this connection--and undoubtedly -some have occurred in all Colonies--such abuses call for reform, and -that it is the duty of the authorities to put an end to them, and to -reconcile as far as may be the requirements of the Government with the -real interests of the natives. - -But in this matter the Congo State intends to exercise freely its rights -of sovereignty--as, for instance, His Majesty’s Government explain in -their last Memorandum that they themselves did at Sierra Leone--without -regard to external pressure or foreign interference, which would be an -encroachment upon its essential rights. - -The Consul, in his Report, obviously endeavours to create the impression -that taxes in the Congo are collected in a violent, inhuman, and cruel -manner, and we are anxious before all to rebut the accusation which has -so often been brought against the State that such collection gives rise -to odious acts of mutilation. On this point a superficial perusal of the -Report is calculated to impress by its easy accumulation not of facts, -simple, precise, and verified, but of the declarations and affirmations -of natives. - -There is a preliminary remark to be made in regard to the conditions in -which the Consul made his journey. - -Whether such was his intention or not, the British Consul appeared to -the inhabitants as the redresser of the wrongs, real or imaginary, of -the natives, and his presence at La Lulonga, coinciding with the -campaign which was being directed against the Congo State, in a region -where the influence of the Protestant missionaries has long been -exercised, necessarily had for the natives a significance which did not -escape them. The Consul made his investigations quite independently of -the Government officials, quite independently of any action and of any -co-operation on the part of the regular authorities; he was assisted in -his proceedings by English Protestant missionaries; he made his -inspection on a steamer belonging to a Protestant Mission; he was -entertained for the most part in the Protestant Missions; and, in these -circumstances, it was inevitable that he should be considered by the -native as the antagonist of the established authorities. - -Other proof is not required than the characteristic fact that while the -Consul was at Bonginda, the natives crowded down to the bank, as some -agents of the La Lulonga Company were going by in a canoe, and cried -out: “Your violence is over, it is passing away; only the English -remain; may you others die!” There is also this significant admission on -the part of a Protestant missionary, who, in alluding to this incident, -remarked:-- - - “The Consul was here at the time, and the people were much excited - and evidently thought themselves on top.... The people have got - this idea (that the rubber work was finished) into their heads of - themselves, consequent, I suppose, upon the Consul’s visit.” - -In these circumstances, in view of the state of mind which they show to -exist among the natives, in view of their impressionable character and -of their natural desire to escape taxation, it could not be doubted but -that the conclusions at which the Consul would arrive would not be other -than those set forth in his Report. - -To bring out this point, and to show how little value is to be attached -to his investigations, it will be sufficient to examine one case, that -on which Mr. Casement principally relies; we allude to the Epondo case. -It is that of the child I I, mentioned on pp. 56, 58, and 78 of the -Report. - -It is indispensable to enter somewhat at length into the details of this -case, which are significant. - -On the 4th September, 1903, the Consul was at the Bonginda station of -the Congo Bololo Mission, having returned from a journey on the Lopori, -during the course of which he had not come across any of those acts of -mutilation which it is the custom to attribute to officials in the -Congo. - -At Bonginda, the natives of a neighbouring village (Bossunguma) came to -him and informed him, amongst other things, that a “sentry” of the La -Lulonga Company, named Kelengo,[90] had, at Bossunguma, cut off the hand -of a native called Epondo, whose wounds were still scarcely healed. The -Consul proceeded to Bossunguma, accompanied by the Rev. W. D. Armstrong -and the Rev. D. J. Danielson, and had the mutilated native brought -before him, who, “in answer to Consul’s question, charges a sentry named -‘Kelengo’ (placed in the town by the local agent of the La Lulonga -Society to see that the people work rubber)” with having done it. Such -are the Consul’s own words: it was necessary to establish a relation of -cause and effect between the collection of india-rubber and this alleged -case of cruelty. - -The Consul proceeded to question the Chief and some of the natives of -the village. They replied by accusing Kelengo; most of them asserted -that they were _eye-witnesses_ of the deed. The Consul inquired through -his interpreters if there were other witnesses who saw the crime -committed, and accused Kelengo of it. “Nearly all those present, about -forty persons, shouted out with one voice that it was ‘Kelengo’ who did -it.” - -In order to understand the violence with which the natives accused -Kelengo, and the unanimous manner in which the denials of the accused -were rejected by his accusers, it is necessary to read the whole of the -report of this inquiry, as drawn up by the Consul himself in a kind of -_procès-verbaux_, dated the 7th, 8th, and 9th September (Annex II). From -all quarters accusers appeared, and the excited crowd gave vent to all -sorts of accusations: he had cut off Epondo’s hand, chained up women, -stolen ducks and a dog! The Consul did not allow his suspicions to be -aroused by the passionate character of these accusations; without any -further guarantee of their sincerity or further examination into their -truth, he looked upon his inquiry as conclusive, and as he had taken -upon himself the duties of the Public Prosecutor in making preliminary -inquiries into the matter, so he anticipated the decision of the -responsible authorities by declaring to the assembled people that -“Kelengo deserved severe punishment for his illegal and cruel acts.” He -proceeded to dramatize the incident by carrying off the pretended -victim, and exhibiting him on the 10th September to the official in -command of the station at Coquilhatville, to whom he handed a copy of -the record of his inquiry, and on the 12th September he addressed a -letter to the Governor-General which he marked as “personal and -private,” and in which he makes the incident in question among others a -text for an attack on “the system of general exploitation of an entire -population which can only be rendered successful by the employment of -arbitrary and illegal force.” His inquiry terminated, he immediately -started on his return journey to the Lower Congo. - -Even if the circumstances had been correctly reported, the disproportion -would still have been striking between them and the conclusions which -the Consul draws when emphasizing his general criticisms of the Congo -State. But the facts themselves are incorrectly represented. - -As a matter of fact, no sooner did the Consul’s denunciation reach the -Public Prosecutor’s Department than M. Gennaro Bosco, Acting Public -Prosecutor, proceeded to the spot and held a judicial inquiry under the -usual conditions free from all outside influences. This inquiry showed -that His Britannic Majesty’s Consul had been the object of a plot -contrived by the natives, who, in the hope of no longer being obliged to -work, had agreed among themselves to represent Epondo as the victim of -the inhuman conduct of one of the capitas of a commercial Company. In -reality, Epondo had been the victim of an accident while out hunting, -and had been bitten in the hand by a wild boar; gangrene had set in and -caused the loss of the member, and this fact had been cleverly turned to -account by the natives when before the Consul. We annex (Annex No. 3) -extracts from the inquiry conducted by the Acting Public Prosecutor into -the Epondo case. The evidence is typical, uniform, and without -discrepancies. It leaves no doubt as to the cause of the accident, makes -it clear that the natives lied to the Consul, and reveals the object -which actuated them, namely, the hope that the Consul’s intervention -would relieve them from the necessity of paying taxes. The inquiry shows -how Epondo, at last brought to account, retracted what he had in the -first instance said to the Consul, and confessed that he had been -influenced by the people of his village. He was questioned as follows:-- - - _Q._ Do you persist in accusing Kelengo of having cut off your left - hand? - - _A._ No. I told a lie. - - _Q._ State, then, how and when you lost your hand. - - _A._ I was a slave of Monkekola’s at Malele, in the Bangala - district. One day I went out boar-hunting with him. He wounded one - with a spear, and thereupon the animal, enraged, turned on me. I - tried to run off with the others, but falling down, the boar was on - me in a moment and tore off my left hand and (wounded me) in the - stomach and left thigh. - - The witness exhibits the scars he carries at the places mentioned, - and lying down of his own accord shows the position he was in when - the boar attacked and wounded him. - - _Q._ How long ago did this accident happen? - - _A._ I don’t remember. It was a long time ago. - - _Q._ Why did you accuse Kelengo? - - _A._ Because Momaketa, one of the Bossunguma Chiefs, told me to, - and afterwards all the inhabitants of my village did so too. - - * * * * * - - _Q._ Did the English photograph you? - - _A._ Yes, at Bonginda and Lulanga. They told me to put the stump - well forward. There were Nenele, Mongongolo, Torongo, and other - whites whose names I don’t know. They were whites from Lulanga. - Mongongolo took away six photographs.[91] - -Epondo of his own accord repeated his declarations and retractations to -a Protestant missionary, Mr. Faris, who lives at Bolengi. This gentleman -has sent the Commissary-General at Coquilhatville the following written -declaration:-- - - “I, E. E. Faris, missionary, residing at Bolengi, Upper Congo, - declare that I questioned the boy Epondo, of the village of - Bosongoma, who was at my house on the 10th September, 1903, with - Mr. Casement, the British Consul, and whom, in accordance with the - request made to me by Commandant Stevens, of Coquilhatville, I took - to the mission station at Bolengi on the 16th October, 1903; and - that the said boy has this day, the 17th October, 1903, told me - that he lost his hand through the bite of a wild boar. - - “He told me at the same time that he informed Mr. Casement that his - hand was cut off either by a soldier or, perhaps, by one of those - working for the white men (“travailleurs de blanc”), who have been - making war in his village with a view to the collection of rubber, - but he asserts that the account which he has given me to-day is the - truth.” - -(Signed) “E. E. FARIS.” - - “_Bolengi, October 17, 1903._” - -The inquiry resulted in the discharge of the prisoner, which, so far as -it concerned the Epondo question, was in the following terms:-- - - We, Acting Public Prosecutor of the Court of Coquilhatville: - - Having regard to the notes made by His Britannic Majesty’s Consul, - on the occasion of his visit to the villages of Ikandja and - Bossunguma in the territory of the Ngombe, from which it would - appear that a certain Kelengo, a forest guard in the service of the - La Lulonga Company-- - - (_a._) Cut off the left hand of a certain Epondo; - - (_b._) ...; - - (_c._) ...; - - Having regard to the inquiry instituted by Lieutenant Braeckman, - which partly confirms the result of the inquiry instituted by His - Britannic Majesty’s Consul, but also partly contradicts it, and to - the charges already brought against Kelengo adds that of having - killed a native of the name of Baluwa; - - Having regard to the conclusions arrived at by the police employé - in question, which tend to raise grave doubts as to the truth of - all these charges; - - In view of the fact that all the natives who brought these charges - against Kelengo, whether before His Britannic Majesty’s Consul or - Lieutenant Braeckman, on being summoned by us, the Acting Public - Prosecutor, took to flight, and all efforts to find them have been - fruitless; that this flight obviously throws doubt on the truth of - their allegations; - - That all the witnesses whom we have questioned during the course of - our inquiry declare ... that Epondo lost his left hand from the - bite of a wild boar; - - That Epondo confirms these statements, and admits that he told a - lie at the instigation of the natives of Bossunguma and Ikondja, - who hoped to escape collecting rubber through the intervention of - His Britannic Majesty’s Consul, whom they considered to be very - powerful; - - That the witnesses, almost all inhabitants of the accusing - villages, admit that such was the object of their lie; - - That this version, apart from the unanimous declarations of the - witnesses and the injured parties, is also the most plausible, - seeing that every one knows that the natives dislike work in - general and having to collect rubber, and are, moreover, ready to - lie and accuse people falsely; - - That it is confirmed by the clearly stated opinion of the English - missionary Armstrong, who considers the natives to be “capable of - any plot to escape work and especially the labour of collecting - rubber”; - - That the innocence of Kelengo having been thoroughly established, - there is no reason for proceeding against him; - - On the above-mentioned grounds, we, the Acting Public Prosecutor, - declare that there are no grounds for proceeding against Kelengo, a - forest guard in the service of the La Lulonga Company, for the - offences mentioned in Articles 2, 5, 11, and 19 of the Penal Code. - -(Signed) BOSCO, -_Acting Public Prosecutor_. - - _Mampoko, October 9, 1903._ - -We have dealt at length with the above case because it is considered by -the Consul himself as being one of the utmost importance, and because he -relies upon this single case for accepting as accurate all the other -declarations made to him by natives. - - “In the one case I could alone personally investigate,” he - says,[92] “that of the boy I I, I found this accusation proved on - the spot without seemingly a shadow of doubt existing as to the - guilt of the accused sentry.” - -And further on:-- - - “I had not time to do more than visit the one village of R**, and - in that village I had only time to investigate the charge brought - by I I.”[93] - -And elsewhere:-- - - “It was obviously impossible that I should ... verify on the spot, - as in the case of the boy, the statements they made. In that one - case the truth of the charges preferred was amply - demonstrated.”[94] - -It is also to this case that he alludes in his letter of the 12th -September, 1903, to the Governor-General, where he says:-- - - “When speaking to M. le Commandant Stevens at Colquilhatville on - the 10th instant, when the _mutilated boy Epondo stood before us as - evidence of the deplorable state of affairs_ I reprobated, I said, - ‘I do not accuse an individual, I accuse a system.’” - -It is only natural to conclude that if the rest of the evidence in the -Consul’s Report is of the same value as that furnished to him in this -particular case, it cannot possibly be regarded as conclusive. And it is -obvious that in those cases in which the Consul, as he himself admits, -did not attempt to verify the assertions of the natives, these -assertions are worth, if possible, still less. - -It is doubtless true that the Consul deliberately incurred the certain -risk of being misled owing to the manner in which he interrogated the -natives, which he did, as a matter of fact, through two -interpreters--“through Vinda, speaking in Bobangi, and Bateko, -repeating his utterances ... in the local dialect;[95] so that the -Consul was at the mercy not only of the truthfulness of the native who -was being questioned, but depended also on the correctness of the -translations of two other natives, one of whom was a servant of his own, -and the other apparently the missionaries’ interpreter.[96] But any one -who has ever been in contact with the native knows how much he is given -to lying; the Rev. C. H. Harvey[97] states that-- - -“The natives of the Congo who surrounded us were contemptible, -perfidious and cruel, impudent liars, dishonest, and vile.” - -It is also important, if one wishes to get a correct idea of the value -of this evidence, to note that while Mr. Casement was questioning the -natives, he was accompanied by two local Protestant English -missionaries, whose presence must alone have necessarily affected the -evidence.[98] - -We should ourselves be going too far if from all this we were to -conclude that the whole of the native statements reported by the Consul -ought to be rejected. But it is clearly shown that his proofs are -insufficient as a basis for a deliberate judgment, and that the -particulars in question require to be carefully and impartially tested. - -On examining the Consul’s voluminous Report for other cases which he -_has seen_, and which he sets down as cases of mutilation, it will be -observed that he mentions two as having occurred on Lake Mantumba[99] -“some years ago.”[100] He mentions several others, in regard to the -number of which the particulars given in the Report do not seem to -agree,[101] as having taken place in the neighbourhood of Bonginda,[102] -precisely in the country of the Epondo inquiry, where, as has been seen, -the general feeling was excited and prejudiced. It is these cases which, -he says, he had not time to inquire into fully,[103] and which, -according to the natives, were due to agents of the La Lulanga Company. -Were these instances of victims of the practice of native customs which -the natives would have been careful not to admit? Were the injuries -which the Consul saw due to some conflict between neighbouring villages -or tribes? Or were they really due to the black subordinates of the -Company? This cannot be determined by a perusal of the Report, as the -natives in this instance, as in every other, were the sole source of the -Consul’s information, and he, for his part, confined himself to taking -rapid notes of their numerous statements for a few hours in the morning -of the 5th September, being pressed for time, in order to reach K* -(Bossunguma) at a reasonable hour.[104] - -Notwithstanding the weight which he attaches to the “air of frankness” -and the “air of conviction and sincerity”[105] on the part of the -natives, his own experience shows clearly the necessity for caution, and -renders rash his assertion “that it was clear that these men were -stating either what they had actually seen with their eyes or firmly -believed in their hearts.”[106] - -Now, however, that the Consul has drawn attention to these few -cases--whether cases of cruelty or not, and they are all that, as a -matter of fact, he has inquired into personally, and even so without -being able to prove sufficiently their real cause--the authorities will -of course look into the matter and cause inquiries to be made. It is to -be regretted that, this being so, all mention of date, place, and name -has been systematically omitted in the copy of the Report communicated -to the Government of the Independent State of the Congo. It is -impossible not to see that these suppressions will place great -difficulties in the way of the Magistrates who will have to inquire into -the facts, and the Government of the Congo trust that, in the interests -of truth, they may be placed in possession of the complete text of the -Consul’s Report. - -It is not to be wondered at if the Government of the Congo State take -this opportunity of protesting against the proceedings of their -detractors, who have thought fit to submit to the public reproductions -of photographs of mutilated natives, and have started the odious story -of hands being cut off with the knowledge and even at the instigation of -Belgians in Africa. The photograph of Epondo, for instance, mutilated -in the manner known, and who has “twice been photographed,” is probably -one of those which the English pamphlets are circulating as proof of the -execrable administration of the Belgians in Africa. One English review -reproduced the photograph of a “cannibal surrounded with the skulls of -his victims,” and underneath was written: “In the original photograph -the cannibal was naked. The artist has made him decent by ... covering -his breast with the star of the Congo State. It is now a suggestive -emblem of the Christian-veneered cannibalism on the Congo.”[107] At this -rate it would suffice to throw discredit on the Uganda Administration if -the plates were published illustrating the mutilations which, in a -letter dated Uganda, 16th December, 1902, Dr. Castellani says he saw in -the neighbourhood of Entebbe itself: “It is not difficult to find there -natives without noses or ears, &c.”[108] - -The truth is, that in Uganda, as in the Congo, the natives still give -way to their savage instincts. This objection has been anticipated by -Mr. Casement, who remarks:-- - - “It was not a native custom prior to the coming of the white man; - it was not the outcome of the primitive instincts of savages in - their fights between village and village; it was the deliberate act - of the soldiers of a European Administration, and these men - themselves never made any concealment that in committing these acts - they were but obeying the positive orders of their superiors.”[109] - -That Mr. Casement should formulate so serious a charge without at the -same time supporting it by absolute proof would seem to justify those -who consider that his previous employment has not altogether been such -as to qualify him for the duties of a Consul. Mr. Casement remained -seventeen days on Lake Mantumba, a lake said to be 25 to 30 miles long -and 12 to 15 broad, surrounded by dense forest.[110] He scarcely left -its shores at all. In these circumstances it is difficult to see how he -could have made any useful researches into the former habits and customs -of the inhabitants. On the contrary, from the fact that the tribes in -question are still very savage, and addicted to cannibalism,[111] it -would seem that they have not abandoned the practice of those cruelties -which throughout Africa were the usual accompaniments of barbarous -habits and anthropophagy. In one portion of the districts which the -Consul visited, the evidence of the English missionaries on this point -is most instructive. The Rev. McKittrick, in describing the sanguinary -contests between the natives, mentions the efforts to pacify the country -which he formerly made through the Chiefs:--“.... We told them that for -the future we should not let any man carrying spears or knives pass -through our station. Our God was a God of peace, and we, His children, -could not bear to see our black brothers cutting and stabbing each -other.”[112] “While I was going up and down the river,” says another -missionary, “they pointed out to me the King’s beaches, whence they used -to dispatch their fighting men to capture canoes and men. It was -heartrending to hear them describe the awful massacres that used to take -place at a great Chief’s death. A deep hole was dug in the ground, into -which scores of slaves were thrown after having their heads cut off; and -upon that horrible pile they laid the Chief’s dead body to crown the -indescribable human carnage.”[113] And the missionaries speak of the -facility with which even nowadays the natives return to their old -customs. It would seem, too, that the statement made in the Report,[114] -that the natives now fly on the approach of a steamer as they never used -to do, is hardly in accordance with the reports of travellers and -explorers. - -Be this how it may, it is to be observed that nowhere in the territory -which is the scene of the operations of the A.B.I.R. Company did the -Consul discover any evidence of acts of cruelty for which the commercial -agents might have been considered responsible. The coincidence is -remarkable, since it so happens that the A.B.I.R. Company is a -concessionary Company, and that it is the system of concessions to which -are constantly attributed the most disastrous consequences for the -natives. - -What it is important to discover from the immense number of questions -touched on by the Consul, and the multiplicity of minor facts which he -has collected, is whether the sort of picture he has drawn of the -wretched existence led by the natives corresponds to the actual state of -affairs. We will take, for instance, the district of the Lulanga and the -Lopori, as the head-stations of the missions of the “Congo Balolo -Mission” have been established there for years past. These missionaries -are established in the most distant places in the interior, at Lulonga, -Bonginda, Ikau, Bongandanga, and Baringa, all of which are situated in -the scene of operations of the La Lulonga and A.B.I.R. Companies. They -are in constant communication with the native populations, and a special -monthly review, called “Regions Beyond,” regularly publishes their -letters, notes, and reports. An examination of a set of these -publications reveals no trace, at any time previous to April 1903--by -that date, it is true, Mr. Herbert Samuel’s motion had been brought -before Parliament--of anything either to point out or to reveal that the -general situation of the native populations was such as ought to be -denounced to the civilized world. The missionaries congratulate -themselves on the active sympathy shown them by the various official and -commercial agents,[115] on the progress of their work of -evangelization,[116] on the facilities afforded them by the construction -of roads,[117] on the manner in which the natives are becoming -civilized, “owing to the mere presence of white men in their midst, both -missionaries and traders,”[118] on the disappearance of slavery,[119] on -the density of the population,[120] on the growing number of their -pupils, “especially since the State has issued orders for all children -within reach to attend the mission schools,”[121] on the gradual -disappearance of the primitive customs of the natives,[122] and lastly, -on the contrast between the present and the past.[123] Will it be -admitted that these Christian English missionaries, who, during their -journeys, visited the various factories, and witnessed markets of rubber -being held, would, by keeping silence, make themselves the accomplices -of an inhuman or wrongful system of government? Among the conclusions of -one of the Annual Reports of the Congo Balolo Mission is to be found the -following: “On the whole, the retrospect is encouraging. If there has -been no great advance, there has been no heavy falling off, and no -definite opposition to the work.... There has been much famine and -sickness among the natives, especially at Bonginda.... Apart from this, -there has been no serious hindrance to progress....”[124] And speaking -incidentally of the beneficial effect produced by work on the social -condition of the natives, a missionary writes: “The greatest obstacle to -conversion is polygamy. Many evils have been put down, _e.g._, idleness, -thanks to the State having compelled the men to work; and fighting, -through their not having time enough to fight.”[125] These opinions of -missionaries appear to us to be more precise than those expressed in a -Report on every page of which it may be said one finds such expressions -as: “I was told,” “it was said,” “I was informed,” “I was assured,” -“they said,” “it was alleged,” “I had no means of verifying,” “it was -impossible for me to verify,” “I have no means of ascertaining,” &c. -Within a space of ten lines, indeed, occur four times the expressions, -“appears,” “would seem,” “would seem,” “do not seem.”[126] - -The Consul does not appear to have realized that native taxes in the -Congo are levied in the shape of labour, and that this form of tax is -justified as much by the moral effect which it produces, as by the -impossibility of taxing the native in any other way, seeing that, as the -Consul admits, the native has no money. It is to this consideration that -is due the fact, to give another example, that out of 56,700 huts which -are taxed in North-Eastern Rhodesia 19,653 pay that tax “in labour,” -while 4,938 pay it “in produce.”[127] Whether such labour is furnished -direct to the State or to some private undertaking, and whether it is -given in aid of this or that work as local necessities may dictate, one -ground of justification is always to be found in what the Memorandum of -the 11th February last recognizes is the “necessity of the natives being -induced to work.” The Consul shows much anxiety as to how this forced -labour should be described; he is surprised that if it be a tax it is -sometimes paid and recovered by commercial agents. Strictly speaking, of -course, it cannot be denied that the idea of remunerating a person for -paying his taxes is contrary to ordinary notions of finance; but the -difficulty disappears if it is considered that the object in view has -been to get the natives to acquire the habit of labour, from which they -have always shown a great aversion. And if this notion of work can more -easily be inculcated on the natives under the form of commercial -transactions between them and private persons, is it necessary to -condemn such a mode of procedure, especially in those parts where the -organization of the Administration is not yet complete? But it is -essential that in the relations of this nature which they have with the -natives, commercial agents, no less than those of the State, should be -kind and humane. In so far as it bears on this point the Consul’s Report -will receive the most careful consideration, and if the result of -investigation be to show that there are real abuses and that reforms are -called for, the heads of the Administration will act as the -circumstances may require. - -But no one has ever imagined that the fiscal system in the Congo -attained perfection at once, especially in regard to such matters as the -assessment of taxes and the means for recovering them. The system of -“Chieftaincies,” which is recommended by the fact that it enables the -authorities and the native to communicate through the latter’s natural -Chief, was based on an idea carried into practice elsewhere:-- - - “The more important Chiefs who helped the Administration have been - paid a certain percentage of the taxes collected in their - districts, and I think that if this policy is adhered to each year, - the results will continue to be satisfactory and will encourage the - Chiefs to work in harmony with the Administration.”[128] - -The Decree on the subject of these Chieftaincies[129] laid down the -principle of a tax, and its levy in accordance with “a table of -contributions to be made every year by each village in produce, forced -labour, labourers, or soldiers.” The application of this Decree has been -provided for by deeds of investiture, tables of statistics, and -particulars of contributions, forms of which will be found in Annex IV. -In spite of what is stated in the Report, this Decree has been carried -out so far as has been found compatible with the social condition of the -various tribes; numerous deeds of investiture have been drawn up, and -efforts have been made to draw up an equitable assessment of the -contributions. The Consul might have found this out at the -Commissioners’ offices, especially in the Stanley Pool and Equator -districts, which he passed through; but he neglected as a rule all -official sources of information. No doubt the application of the Decree -was at first necessarily limited, and it is possible that the result has -been that for a certain time only such villages as were within a short -distance from stations have been required to pay taxes; but this state -of things has little by little altered for the better in proportion as -the more distant regions have become included in the areas of influence -of the Government posts, the number of villages subject to taxation has -gradually increased, and it has been found possible to levy taxes on a -greater number of persons. The Government aim at making progress in this -direction continuous, that is to say, that taxation should be more -equitably distributed, and should as much as possible be personal; it -was with this object that the Decree of the 18th November, 1903, -provided for drawing up “lists of native contributions” in such a way -that the obligations of every native should be strictly defined. - - “Article 28 of this Decree lays down that within the limits of - Article 2 of the present regulations (that is to say, within the - limit of forty hours’ work per month per native) the District - Commissioners shall draw up annual lists of the taxes to be paid, - in land or duration of labour, by each of the natives resident in - the territories of their respective districts. And Article 55 - punishes ‘whoever, being charged with the levy of taxes, shall have - required of the natives, whether in kind or labour, contributions - which shall exceed in value those prescribed in the tables of - taxes.’” - -It in matter of common notoriety that the collection of taxes is -occasionally met by opposition, and even refusal to pay. The proofs of -this, which are to be found in the Report of the Consul for the Congo, -are borne out by what has happened, for instance, in Rhodesia:-- - - “The Ba-Unga (Awemba district), inhabitants of the swamps in the - Zambezi delta, gave some trouble on being summoned to pay - taxes.”[130] - - “Although in many cases whole villages retired into the swamps on - being called upon for the hut-tax, the general result was - satisfactory for the first year (Luapula district).”[131] - - “Milala’s people have succeeded in evading taxes.”[132] - - “A few natives bordering on the Portuguese territory, who, owing to - the great distance they reside from the Native Commissioners’ - Stations, are not under the direct supervision of the Native - Commissioners, have so far evaded paying hut tax, and refused to - submit themselves to the authority of the Government. The rebel - Chief, Mapondera, has upon three occasions successfully eluded - punitive expeditions sent against him. Captain Gilson, of the - British South Africa Police, was successful in coming upon him and - a large following of natives, and inflicting heavy losses upon - them. His kraal and all his crops were destroyed. He is now - reported to be in Portuguese territory. Siji M’Kota, another - powerful Chief, living in the northern parts of the M’toko - district, bordering on Portuguese territory, has also been - successful in evading the payment of hut tax, and generally - pursuing the adoption of an attitude which is not acceptable to the - Government. I am pleased to report that a patrol is at present on - its way to these parts to deal with this Chief, and to endeavour to - obtain his submission. It will be noted that the above remarks - relate solely to those natives who reside along the borders of our - territories, and whose defiant attitude is materially assisted by - reason of this proximity to the Portuguese border, across which - they are well able to proceed whenever they consider that any - meeting or contact with the Native Commissioner will interfere in - any way with their indolent and lazy life. They possess no movable - property which might be attached with a view of the recovery of hut - tax unpaid for many years, and travel backwards and forwards with - considerable freedom, always placing themselves totally beyond the - reach of the Native Commissioner.”[133] - -The above is an instance of those “punitive expeditions” to which the -authorities are occasionally obliged to resort, as also of the native -custom, which is not peculiar to the natives of the Congo, of moving -into a neighbouring territory when they are seeking to evade the -operation of the law. Whether in the process of collecting native taxes -there have been cases in the Congo, amongst those mentioned by the -Consul, in which the limits of a just and reasonable severity have been -overstepped is a question of fact which investigation on the spot can -alone ascertain, and instructions to this effect will be given to the -authorities at Boma. - -We are also unable to accept, on the information at present before us, -the conclusions of the Report in regard to the conduct of the forest -guards in the employ of the A.B.I.R. and La Lulonga Companies. These -subordinate officers are represented by the Consul as being exclusively -employed in “compelling by force the collection of india-rubber or the -supplies which each factory needed.”[134] It is true that another -explanation has been given--though not, indeed, by a native--according -to which the business of these same forest guards is to see that the -india-rubber is harvested after a reasonable fashion, and especially to -prevent the natives from cutting the plants.[135] It is, indeed, well -known that the law has made rigorous provision for preserving the rubber -zones, has regulated the manner in which they are to be worked, and has -made planting and replanting obligatory, with a view to avoiding the -complete exhaustion of the rubber plant which has occurred, for -instance, in North-eastern and Western Rhodesia.[136] A heavy -responsibility in this direction lies on the Companies and private -persons engaged in developing the country, and it is obvious that they -are bound to exercise the most careful superintendence over the way in -which the harvest is collected. The object for which these forest guards -are employed, therefore, may well be quite different from that alleged -by the Consul; in any case, the complaints which have been made on this -head will form a subject for inquiry in the Congo, as also the other -remark of the Report that the manner in which these forest guards are -armed is excessive, and liable to abuse. It is to be here observed that -in calculating the number of these forest guards the Consul is obliged -to rely on hypothesis,[137] and that he himself admits: “I have no means -of ascertaining the number of this class of armed men employed by the -A.B.I.R. Company.”[138] He mentions that the gun of one of these men was -marked on the butt “Depôt 2210.” But it is evident that such a mark can -only have the significance which the Consul would like to see in it, in -so far as it can be proved that it refers to the numbering of the arms -used in the Concession, and such is not the case, since this particular -mark “Depôt” is not used either by the officials of the State or those -of the Company, and it would seem that it is an old manufactory or store -mark. In regard to the manner of arming the capitas, the Consul can -hardly be ignorant that the higher authorities have always given great -attention to the matter, which is, indeed, one surrounded with -difficulties, seeing that while on the one hand it is necessary to -consider the question of the personal protection of the capita, on the -other the possibility of the arms in question being used for improper -purposes must not be lost sight of. It is not only in the Circular of -the 20th October, 1900, which the Consul has reprinted, that this -question is dealt with; there is a whole collection of Circulars on the -subject, among which may be mentioned those of the 12th March, 1897, -31st May and 28th November, 1900, and 30th April, 1901. Copies of them -are annexed as proof of the fixed determination of the Government to see -that the law relating to this question is strictly enforced (Annex V). -Yet, in spite of all these precautions, the Consul has ascertained that -several capitas were not provided with permits (perhaps they might have -been found at the head office), and that two of them were furnished with -arms of precision.[139] But these few infractions of the rule are -obviously not enough to prove the existence of a sort of vast armed -organization destined to strike terror into the natives. On the -contrary, the Circular of the 7th September, 1903, printed in Annex VII -of the Consul’s Report, is a proof of the care taken by the Government -that the regular black troops should always be under the control of -European officers.[140] - -Such are the preliminary remarks suggested by Mr. Casement’s Report, and -we reserve to ourselves the right of dealing with it more in detail as -soon as the Government shall be in possession of the results of the -inquiry which the local authorities are about to make. It will be -observed that the Government, in its desire not to seem to wish to avoid -the discussion, has not raised a question in regard to the manner, -surely unusual, in which His Britannic Majesty’s Consul has acted in a -foreign country. It is obviously altogether outside the duties of a -Consul to take upon himself, as Mr. Casement has done, to institute -inquiries, to summon natives, to submit them to interrogatories as if -duly authorized thereto, and to deliver what may be styled judgments in -regard to the guilt of the accused. The reservations called for by this -mode of procedure must be all the more formal, as the Consul was thus -intervening in matters which only concerned subjects of the Congo State, -and which were within the exclusive jurisdiction of the territorial -authorities. Mr. Casement, indeed, made it his business himself to point -out how little authorized he was to interfere when on the 4th September, -1903, he wrote to the Governor-General: “I have no right of -representation to your Excellency save where the persons or interests of -British subjects dwelling in this country are affected.” It is thus -obvious that he was aware that he was exceeding his duties by -investigating facts which concerned only the internal administration, -and so, contrary to all laws of Consular jurisdiction, encroaching on -the province of the territorial authorities. - - “The grievances of the natives have been made known in this country - by----, who brought over a petition addressed to the King, praying - for relief from the excessive taxation and oppressive legislation - of which they complain.” - -These lines are extracted from the Report for 1903 of the British and -Foreign Anti-Slavery Society, and the natives referred to are the -natives of the Fiji Isles. The Report goes on:-- - - “The case has been brought before the House of Commons. The - grievances include forced labour on the roads, and restrictions - which practically amount to slavery; natives have been flogged - without trial by magistrate’s orders, and are constantly subject to - imprisonment for frivolous causes. Petitions lodged with the local - Colonial Secretary have been disregarded. Mr. Chamberlain, in reply - to the questions asked in Parliament, threw doubt upon the - information received, but stated that the recently appointed - Governor is conducting an inquiry into the whole situation in the - Fiji Islands, in the course of which the matter will be fully - investigated.” - -Such are also our conclusions in regard to Mr. Casement’s Report. - -_Brussels, March 12, 1904._ - - -Annexe 1. - -_Déclaration de Mgr. Van Ronslé, Évêque de Thymbrium, Vicaire -Apostolique du Congo Belge._ - -Dans son numéro du 23 Octobre, le “West African Mail” publie une série -de lettres du Révérend J. W. Weeks, missionnaire Anglais, établi à -Monsembe, district de Bangala. Ces lettres, émanant d’un auteur qui a -habité la contrée de longues années et qui proteste d’ailleurs de sa -parfaite sincérité et de sa bonne foi, m’offraient un intérêt -particulier, ayant moi-même parcouru et habité la contrée depuis -quatorze ans, et en étant revenu récemment. - -Mr. Weeks fait preuve de prudence en limitant ses considérations à ce -qu’il a vu sur les deux rives du Congo, entre Bokongo et Ikunungu, dans -les villages Bangala, avoisinant Nouvelle-Anvers; mais il se hasarde un -peu plus, en étendant ses affirmations à la plus grande partie du Congo -navigable, c’est-à-dire, du Stanley-Pool à Bopoto. - -Sa thèse est que, sur cet immense espace, les rives se dépeuplent et que -les tribus dégénèrent sous l’oppression de l’Etat, au moyen d’un système -d’impositions, de déportations, et d’amendes. - -Nous le reconnaissons, l’auteur ne formule pas positivement cette thèse -ainsi généralisée; mais après l’avoir formulée spécialement pour -Nouvelle-Anvers, il continue à décrire la situation générale de manière -à faire croire que les populations riveraines sont toutes décimées parce -que toutes sont également opprimées par le Gouvernement. Le lecteur ne -peut pas tirer d’autres conclusions de ses lettres, ni interpréter -autrement certaines propositions qui les résument. - -Le souci de la vérité nous engage à mettre le public en garde contre des -conclusions aussi hâtives. - -L’auteur sait que parmi les tribus _Bobangi_ (citées sous les noms de -Bwembe, Bolobo, Lukolela), qui sont un _unfortunate dying people_ (un -peuple qui dépérit), le Gouvernement n’a jamais fait de recrutement de -soldats ni de travailleurs, et que les impositions qui ont été exigées -de leurs nombreux villages, établis le long du fleuve sur un parcours de -100 lieues, consistent à ravitailler trois postes, dont celui de Yumbi -seul est important, et à entretenir (depuis deux ans) la route de la -ligne téléphonique--impositions réellement insignifiantes pour ceux qui -y mettent quelque peu de bonne volonté. - -C’est un fait, en outre, que ces populations subissaient de grandes -pertes dès 1890, époque à laquelle les impositions étaient nulles; et -c’est un autre fait que leurs voisins de la rive Française, qui ne sont -pas imposés, se meurent également, notamment ceux qui sont établis dans -les environs de la Mission Catholique des Révérends Pères Français: -Saint-Louis de Liranga. On pourrait d’ailleurs citer d’autres exemples -de populations qui s’éteignent quoique à l’abri d’oppression. - -Nous voilà donc en présence de dépeuplements qui ne sont certainement -pas causés par l’oppression, et auxquels il faut chercher d’autres -causes. Si donc les lettres de Mr. Weeks induisent en erreur pour la -généralité des cas, il est dès lors permis de douter qu’elles nous -exposent la situation véritable pour Nouvelle-Anvers. N’existe-t-il pas -là, aussi des causes autres que l’oppression? - -A notre avis, ces causes existent réellement. Il y en a deux qui tendent -non seulement au dépeuplement des rives, mais à l’extinction même des -tribus de Nouvelle-Anvers. Elles ne sont pas spéciales à cette région, -mais communes à tous les villages riverains du fleuve. Elles suffisent à -elles seules à expliquer une diminution extraordinaire de la population. - -La première et la principale, c’est l’épidémie qu’on nomme communément -la maladie du sommeil. Que cette maladie a enlevé beaucoup de monde, Mr. -Weeks en convient; mais il ajoute qu’il pense que le progrès de la -maladie a été activé par l’oppression et que sans celle-ci le mal -n’aurait pas été si tenace. Mr. Weeks a trop d’expérience de l’Afrique -pour ne pas s’apercevoir qu’il avance ici une inexactitude et une -erreur. - -Il le pense, mais il n’en donne pas la preuve. Il est un fait avéré et -reconnu par les médecins et par tous ceux qui ont observé la maladie du -sommeil, c’est que ce fléau, une fois introduit dans une région, en abat -lentement mais sûrement tous les habitants et reste, quoi qu’on fasse, -maître du terrain; une fois que ce mal a pris pied dans une population, -il la détruit sans merci, quelles que soient les conditions de -bien-être, de paix, et de tranquillité de cette population. - -A l’appui de ceci, nous donnerons deux exemples de dépérissement que -l’on ne pourra pas attribuer à l’oppression. - -Notre Mission de Berghe-Sainte-Marie, contaminée par le contact des -tribus Bobangi parmi lesquelles elle était située, a vu disparaître tous -ses habitants jusqu’au dernier. Les 100 familles qui s’y étaient formées -vivaient heureuses, dans des conditions presque idéales. - -Autre fait: Les journaux ont relaté que dans l’Uganda, des Colonies -Anglaises, on perd annuellement 50,000 personnes. Et aujourd’hui, à -propos d’une découverte qu’aurait faite le Colonel Bruce, dans la -matière en question, un journal écrit un article qui finit comme suit: -“La maladie du sommeil continue à faire d’énormes ravages dans l’Uganda. -Dans l’Ile de Brevuna, qui comptait 82,000 habitants, il n’y a plus que -22,000 individus, alors que la population de la Province de Basaga est -complètement éteinte.” - -Si le travail et les occupations avaient une influence sur la maladie, -ils auraient plutôt un effet tout à fait contraire à celui qu’on leur -attribue. Mais nous n’y insistons pas, parce que le travail lui-même -n’est pas un remède, mais tout au plus une espèce de réactif temporaire. -Jusqu’à présent aucun moyen n’a pu vaincre la ténacité de cette maladie; -mais, à notre avis, ses ravages seraient plus rapides en terrain inerte -et endormi qu’en terrain actif. - -Et voilà six ans que cette peste, indépendamment de toute autre cause, -fait journellement des victimes chez les riverains de Nouvelle-Anvers; -rien d’étonnant donc que la population y diminue rapidement, comme -partout ailleurs où la maladie règne. - -La cause que je place au second rang, en raison de son importance, n’est -pas signalée par le Révérend Mr. Weeks. Elle consiste dans la -suppression du commerce des esclaves et dans le défaut de la natalité; -même l’hypothèse que les tribus Bangala fussent restées saines, cette -cause les aurait rendues incapables de maintenir leur population à -niveau, et aurait même eu pour effet de la diminuer considérablement. - -Mr. Weeks estime que la population de Nouvelle-Anvers atteignait les -50,000 en 1890. Nous avons observé que parmi cette population, il y -avait un nombre très considérable d’esclaves d’origine étrangère, -notamment des Mongo. Disons qu’un tiers n’était pas originaire de -Nouvelle-Anvers. Les Bangala les avaient acquis, soit par les guerres, -soit par les rachats. Cette source d’acquisition leur a été fermée par -le Gouvernement. - -La natalité leur restait comme seul moyen de remplacer les morts. Or, -même avant l’époque de la maladie, la moyenne des naissances était très -basse. J’estime qu’elle ne dépassait pas l’unité par femme. Je ne dis -pas par famille, parce que les hommes libres y sont tous polygames, au -détriment des hommes esclaves, qui le plus souvent, n’ont pas de femme. -Avec une telle moyenne de naissances, il ne leur était pas possible de -conserver le même nombre d’habitants, et le défaut de la natalité, -indépendamment de la maladie, causait nécessairement un recul. Or, -depuis que l’épidémie a fait son apparition, ce défaut est doublé, et au -moment où, à la suite des nombreux décès, le nombre des naissances -aurait dû croître, il a diminué graduellement à mesure que la maladie -devenait plus intense. - -Le Révérend Mr. Weeks constate avec nous que les enfants sont si peu -nombreux que le nombre des décès est de loin en avance sur celui des -naissances, mais il attribue ce fait à l’expatriation des jeunes gens. - -Qu’il veuille remarquer toutefois, que les jeunes Bangala qui ont été au -service de l’État ou des Compagnies Commerciales étaient, à de rares -exceptions près, d’anciens esclaves qui, généralement, ne possédaient -pas de femme. Cette considération infirme cette dernière manière -d’expliquer le petit nombre de naissances, la situation polygame restant -à peu près la même après comme avant le départ de ces jeunes gens. Je -pourrais corroborer ma manière de voir en citant l’exemple des tribus -Bobangi, où il n’y a pas eu d’expatriations du tout. - -Par ce qui a été dit, il est facile de comprendre que les deux causes -précitées, de nature, indépendamment l’une de l’autre, au lieu de -simplement réduire la population, sont assez puissantes pour l’éteindre -complètement dans le cas où elles se combinent, comme à Nouvelle-Anvers -et en général dans tous les villages riverains situés en aval de -Bohaturaku; et nous pouvons déjà conclure que les assertions de Mr. -Weeks, qui mettent tout le mal sur le compte de l’oppression, ne sont -pas soutenables. - -Il nous reste à signaler deux autres causes qui ne sont que secondaires. -Elles n’ont pas eu d’influence sur le dépérissement constaté chez la -race de Bangala: elles ont contribué relativement peu à diminuer le -nombre d’individus appartenant à cette race; mais elles ont hâté le -dépeuplement des rives du fleuve. - ---L’une de ces causes, c’est l’abandon des emplacements riverains pour -d’autres emplacements isolés à l’intérieur des terres, ou retirés dans -les îles.--Peut-on légitimement conclure, comme le fait Mr. Weeks, que -les populations quittent leurs villages pour échapper à des taxes qui -les oppriment? Aucunement, à notre avis. Il suffit qu’il lui soit -demandé un travail régulier quelconque aussi minime qu’il soit, pour que -l’indigène mette tout en œuvre pour s’y dérober. S’il juge le -déplacement comme un moyen sûr et efficace, il ne manquera pas d’y -recourir. Le transport et la reconstruction de ses habitations ne lui -demandent d’ailleurs pas grande besogne. - -Il est passionné pour la liberté sauvage qu’il goûtait avant l’arrivée -des Européens, et par laquelle l’homme libre vivait dans un _dolce -farniente_, passant ses journées à se reposer, à fumer, à boire, à -“palabrer” et à commander à ses esclaves. - -Il y a en outre chez le noir une tendance générale à éviter tout contact -avec les Européens, et à reculer devant la civilisation. - -Enfin, une mortalité extraordinaire est une cause suffisante pour -expliquer les déplacements; l’indigène, soit par superstition, soit par -motif d’hygiène, ne reste pas sur l’emplacement où les décès deviennent -nombreux. - -L’autre cause enfin consiste dans les expatriations des jeunes Bangala. - -Les engagements volontaires, d’abord, ont été nombreux. Se dérober, -prendre un terme de service à l’État ou aux Compagnies Commerciales, -voyager, voir du pays et gagner de l’argent était à la mode chez les -jeunes gens. Mais depuis trois ou quatre ans, le recrutement de -travailleurs chez la population riveraine de Nouvelle-Anvers a été -interdit par le Gouvernement. Un grand nombre, toutefois, de ceux qui se -sont ainsi engagés volontairement ne sont pas rentrés dans leurs foyers, -mais restent éparpillés--de plein gré--dans les différentes localités -d’Européens, parce qu’ils préfèrent leur état actuel à celui dans lequel -ils se trouvaient antérieurement dans leur village. On peut aussi -compter qu’il y a eu parmi ces expatriés volontaires un grand nombre de -décès, causés principalement par la dysenterie et la pneumonie, surtout -parmi ceux qui formaient les équipages des vapeurs. - -Viennent ensuite les recrutements de soldats. A ma connaissance, parmi -les populations de Nouvelle-Anvers, l’État n’a pas fait des recrutements -réguliers pour son armée permanente. Il a jadis recruté des Bangala dans -des circonstances exceptionnelles pour les employer comme auxiliaires -dans certaines expéditions. Ces auxiliaires ont été rapatriés, ou ont eu -l’occasion de l’être. - -Les déplacements de villages et les expatriations doivent être -considérés comme des causes partielles et secondaires, non pas du -dépérissement des tribus, mais simplement de l’abandon des rives, et il -n’est pas raisonnable d’en faire un grief au Gouvernement. L’aversion -profonde pour tout travail l’attrait pour la sauvage indépendance chez -l’homme libre; le désir de se soustraire à l’esclavage domestique et la -passion des voyages, chez la classe inférieure, voilà le fond où il faut -chercher les motifs de ces faits. - -En examinant en détail les lettres de Mr. Weeks, je n’aurais pas de -peine à y trouver d’autres considérations dignes d’être contredites, -mais je crois avoir fait un travail suffisant en montrant que la -dégénérescence et le dépeuplement constatés à Nouvelle-Anvers sont le -résultat de causes et d’influences étrangères à ce que l’auteur des -lettres appelle l’oppression. - -(Signé) C. VAN RONSLÉ. - -_Le 14 Novembre, 1903._ - - -Annexe 2. - -_Notes du Consul Casement sur sa Visite aux Villages d’Ekanza et de -Bosunguma dans la Contrée de Ngombe, près de Mompoko, sur la Rive gauche -de l’Ileka, Affluent de la Lulongo._ - -(Traduction.) - -_Le 17 Septembre, 1903._ - -En présence du Révérend W. D. Armstrong et du Révérend D. J. Danielson, -de la Congo Balolo Mission de Bouginda, de Vinda Bidiloa (“headman” du -Consul) et de Bateko, servant d’interprètes, et du Consul de Sa Majesté -Britannique.[141] - -Le Chef de cette section de Bosunguma, du nom de Tondebila, avec -beaucoup d’hommes du village et quelques femmes et enfants, étant -présents. - -Un garçon de 14 à 15 ans, du nom d’Epondo, dont la main gauche a été -coupée, et dont le moignon est enveloppé dans une pièce de tissu, la -blessure étant à peine guérie, apparaît, et en réponse à la question du -Consul, accuse de cette mutilation une sentinelle nommée Kelengo (placée -dans le village par l’agent local de la Société “La Lulonga” pour -veiller à ce que les noirs travaillent le caoutchouc). - -Cette sentinelle est appelée, et, après s’être fait quelque peu -attendre, se présente armé d’un fusil à capsule. - -L’enquête suivante sur les circonstances qui ont entouré la perte de la -main d’Epondo est faite alors:-- - -Le Consul, par l’intermédiaire de Vinda, s’exprimant en Bobangi, et -Bateko, répétant ses paroles en Mongo pour Kelengo--et dans le dialecte -local pour les autres--demande à Epondo, en présence de l’accusé: - -“Qui a coupé votre main?” - -Epondo: “La sentinelle Kelengo que voilà.” - -Kelengo nie le fait, interrompant, et disant que son nom est Mbilu, et -non Kelengo. Le Consul le requiert de garder le silence--qu’il parlera -après. - -Le Chef du village, Tondebila, est appelé et questionné par le Consul, -par l’intermédiaire des interprètes. - -Après avoir été prié de dire la vérité sans crainte ni partialité, il -déclare: - -“La sentinelle Kelengo devant nous a coupé la main d’Epondo.” - -Le Consul: “Avez-vous été vous-même témoin de l’acte?” - -Réponse: “Oui.” - -Plusieurs des Chefs du village sont appelés par le Consul pour -témoigner. - -Au premier d’entre eux, qui déclare se nommer Mololi, le Consul demande, -en désignant le poignet mutilé d’Epondo: - -“Qui a coupé la main de ce garçon?” - -Mololi, désignant la sentinelle: “Cette homme-là l’a fait.” - -Le second, qui dit s’appeler Eyileka, est interrogé par le Consul: “Qui -a coupé la main de ce garçon?” - -Réponse: “Kelengo.” - -Le troisième, qui déclare se nommer Alondi, est interrogé par le Consul: -“Qui a coupé la main de ce garçon?” - -Réponse: “Cet homme-ci, Kelengo.” - -Mololi est questionné à nouveau: - -“Avez-vous, vous-même, vu cette sentinelle couper la main de ce garçon?” - -“Oui, je l’ai vu.” - -Eyikela est questionné à nouveau: - -“Avez-vous, vous-même, vu cette sentinelle couper la main de ce garçon?” - -Réponse: “Oui, je l’ai vu.” - -Alondi est questionné à nouveau: - -“Avez-vous, vous-même, vu cette sentinelle couper la main de ce garçon?” - -Réponse: “Je le croirais. Si je ne m’étais pas blessé ici--il montre une -coupure près du tendon d’Achille, au talon gauche--le même jour en -m’enfuyant effrayé. Mon propre couteau m’a blessé ... je l’ai laissé -tomber en m’enfuyant.” - -Le Consul questionne Epondo: - -“Combien de temps y a-t-il que votre main a été coupée?” - -Réponse: Il n’est pas sûr. - -Deux jeunes hommes du même village, nommés Boujingeni et Maseli, -s’avancèrent et dirent qu’ils s’en souvenaient. Cela s’était passé -pendant qu’on défrichait la terre sur la rive devant la station à -Bonginda, quand on commençait à aménager un point d’accostage (un -“slip”) pour les steamers. - -Mr. Danielson déclare que le travail en question--le défrichement de la -rive--en vue de l’établissement du “slip” de la Mission de Bonginda, fut -commencé le 21 Janvier de cette année.[142] - -Botoko, d’Ekanza, une autre section du village de Bosunguma, est -questionné par le Consul: - -“Avez-vous vu couper la main de ce garçon?” - -Réponse: “Oui. Je ne l’ai pas réellement vu couper. Je vins et je vis la -main séparée et le sang couler sur le sol. Les gens s’étaient enfuis -dans toutes les directions.” - -Le Consul demande aux interprètes de demander s’il y en avait d’autres -qui avaient vu le crime et en accusaient Kelengo. - -Presque tous ceux qui étaient présents, à peu près quarante personnes, -presque tous des hommes, crièrent d’une seule voix que c’était Kelengo -qui l’avait fait. - -Le Consul: “Ils sont tous certains que c’était ce Kelengo que voici?” - -Réponse unanime: “Oui. Il l’a fait.” - -Le Consul demande à l’accusé Kelengo: “Avez-vous coupé la main de ce -garçon?” - -Cette question a été posée dans le langage le plus clair possible, et a -été répétée six fois, et il a été demandé qu’une réponse claire, par oui -ou par non, soit faite. - -L’accusé évite de répondre à la question, commençant à parler d’autres -choses n’ayant pas de rapport avec la question--par exemple, que son nom -était Mbilu et non Kelengo, et que les gens de Bosunguma lui ont fait de -méchantes choses. - -Il lui a été dit de se confiner dans les limites de la question qui lui -a été posée, qu’il pourrait parler d’autres choses après, mais que -maintenant il y avait lieu pour lui de répondre aux questions posées, -tout aussi simplement et tout aussi clairement que les autres avaient -répondu. Il avait entendu ces réponses et l’accusation portée contre -lui, et devait répondre aux questions du Consul de la même manière. - -L’accusé continua à parler de choses étrangères, et refusa ou évita de -donner de réponse à la question qui lui était posée. - -Après des tentatives répétées pour obtenir une réponse directe à la -question: “Avez-vous, ou n’avez-vous pas, coupé la main de ce garçon -Epondo?” le Consul dit: “Vous êtes accusé de ce crime. - -“Vous refusez de répondre aux questions que je vous pose clairement et -franchement comme vos accusateurs l’ont fait. Vous avez entendu leur -accusation. - -“Votre refus de répondre comme vous devriez répondre, à savoir par oui -ou par non, à une question directe et simple me laisse convaincu que -vous ne pouvez nier l’accusation. Vous avez entendu ce dont vous avez -été accusé par tout ce monde. - -“Puisque vous ne consentez pas à répondre comme ils l’ont fait, vous -pouvez raconter votre histoire comme vous voulez. - -“Je l’écouterai.” - -L’accusé commence à parler, mais avant que ses remarques puissent m’être -traduites par l’intermédiaire de Bateko d’abord, à qui il parle -directement, et de Vinda ensuite, un jeune homme s’avance hors de la -foule et interrompt. - -Il y eut du bruit, puis cet homme parla. - -Il dit qu’il était Cianzo, de Bosunguma. Il avait tué deux antilopes, et -il porta deux de leurs jambes à cette sentinelle Kelengo pour lui en -faire cadeau. Kelengo refusa son cadeau et lia sa femme. Kelengo dit que -ce n’était pas un cadeau suffisant pour lui, et il tint la femme de -Cianzo liée jusqu’à ce que lui (Cianzo) eût payé 1,000 baguettes de -laiton pour sa rançon. - -A ce moment un jeune homme, disant se nommer Ilungo, de Bosunguma, -s’avança dans le cercle et accusa Kelengo de lui avoir volé ouvertement -deux canards et un chien. - -Ils lui furent pris sans aucun motif, sinon que Kelengo en avait besoin, -et les prit de force. - -Le Consul se tourna de nouveau vers Kelengo, et l’invita à raconter son -histoire et à faire une réponse à l’accusation portée contre lui, de la -manière qui lui convenait. Le Consul ordonna le silence à tous, et leur -enjoignit de ne pas interrompre Kelengo. - -Kelengo dit qu’il n’a pas pris les canards d’Ilungo. Le père d’Ilungo -lui à donné un canard. (Tous rient.) - -Il est vrai que Cianzo a tué deux antilopes et lui en a donné deux -jambes en cadeau, mais il n’a pas lié la femme de Cianzo et n’a pas -demandé d’argent pour rançon. - -Le Consul: “C’est bien. Cela termine les canards et les jambes -d’antilope; mais maintenant je veux entendre parler de la main d’Epondo. -Racontez-moi ce que vous savez au sujet de la main coupée d’Epondo.” - -Kelengo élude de nouveau la question. - -Le Consul: “Dites-lui ceci. Il est posté par ses maîtres dans ce -village, n’est-ce pas? Ceci est son village. Maintenant en vient-il à -dire qu’il ne sait pas ce qui se passe ici, où il vit?” - -Kelengo dit: “Il est vrai que ceci est son village, mais il ne connaît -rien au sujet de la main coupée d’Epondo. - -“Peut-être c’était la première sentinelle ici avant qu’il ne vînt qui -était un très méchant homme et coupait les mains. - -“Cette sentinelle-là est partie; c’était elle qui coupait les mains, pas -lui, Mbilu. Il ne sait rien à ce sujet.” - -Le Consul: “Quel était le nom, alors, de cette méchante sentinelle, -votre prédécesseur, qui coupait les mains des gens? Le connaissez-vous?” - -Kelengo ne donne pas de réponse directe, et la question est répétée. Il -commence alors une déclaration au sujet de plusieurs sentinelles. Il en -nomme trois: Bobudjo, Ekua et Lokola Longonya, comme ses prédécesseurs -ici, à Bosunguma. - -Ici, un homme, nommé Makwombondo, bondit et interrompant affirma que ces -trois sentinelles ne résidaient pas à Bosunguma, mais avaient été -stationnées dans son propre village, le village de Makwombondo. - -Le Consul, à Kelengo: “Depuis combien de temps êtes-vous dans ce -village?” - -Réponse: “Cinq mois.” - -Le Consul: “En êtes-vous bien sûr?” - -Réponse: “Cinq mois.” - -Le Consul: “Connaissez-vous alors le garçon Epondo--l’avez-vous déjà -vu?” - -Réponse: “Je ne le connais pas du tout.” - -(Ici tout l’auditoire éclate de rire et certains expriment leur -admiration pour les aptitudes de Kelengo au mensonge.) - -Kelengo, continuant, déclara qu’il était possible qu’Epondo vînt du -village de Makwombondo. Quoi qu’il en soit, lui, Kelengo, ne connaît pas -Epondo. Il ne le connaît pas du tout. - -Ici Cianzo s’avance et dit qu’il est le propre frère d’Epondo; ils ont -toujours vécu ici. Leur père était Itengolo, mort maintenant; leur mère -est morte également. - -Le Consul, à Kelengo: “Alors c’est fini; vous ne connaissez rien de -cette affaire?” - -Kelengo: “C’est fini. Je vous ai dit tout. Je ne connais rien de cela.” - -Ici un homme, qui dit se nommer Elenge, d’Ekanza, la section voisine de -Bosunguma, s’avança avec sa femme. Il déclara que les autres -sentinelles, dans leur village, n’étaient pas aussi méchantes, mais que -ce Kelengo était un gredin. - -Kelengo a lié sa femme Sondi, la femme avec laquelle il se présenta, et -lui a fait payer 500 baguettes avant de la relâcher. Il les a payées. - -Ici le Consul demande à Epondo comment sa main a été coupée. Avec -Bonjingeni et Maseli, il déclara qu’il avait d’abord reçu un coup de feu -dans le bras et que, quand il tomba, Kelengo lui avait coupé la main. - -Le Consul: “Avez-vous senti qu’on vous la coupait?” - -Réponse: “Oui, je l’ai senti.” - -Ceci terminait l’enquête. - -Le Consul a informé le Chef Tondebila et les indigènes présents qu’il -ferait rapport au Gouvernement de ce qu’il avait vu et entendu et qu’il -lui demanderait de faire une enquête sur l’accusation portée contre -Kelengo, qui méritait une punition sévère pour ses actes illégaux et -cruels. Que les faits dont était accusé Kelengo étaient tout à fait -illégaux et que si le Gouvernement savait que des choses semblables se -commettent, ceux qui se rendent coupables de pareils crimes seraient, -dans chaque cas, punis. - -(Signé) ROGER CASEMENT, -_Consul de Sa Majesté Britannique_.[143] - -La déclaration qui précède a été lue par nous et nous déclarons par la -présente qu’elle est un compte rendu juste et fidèle de ce qui a été dit -en notre présence hier au village de Bosunguma, en témoignage de quoi -nous avons apposé nos signatures ci-dessous. - -(Signé) WILLIAM DOUGLAS ARMSTRONG. -D.-J. DANIELSON. - -Signé par les prénommés William Douglas Armstrong et D.-J. Danielson, -missionnaires à Bonginda, ce 8 Septembre, 1903. - -(Signé) ROGER CASEMENT, -_Consul de Sa Majesté Britannique_. - -Je déclare par la présente que j’ai entendu lire par le Consul de Sa -Majesté Britannique la déclaration ci-dessus et qu’elle est un compte -rendu juste et fidèle des déclarations faites par les témoins -questionnés hier à Bosunguma par le Consul de Sa Majesté Britannique par -mon intermédiaire agissant comme interprète. - -(Signé) VINDA BIDILOA. - -Signé par Vinda Bidiloa, à Bonginda, ce 8 Septembre, 1903, par devant -moi, - -(Signé) ROGER CASEMENT, -_Consul de Sa Majesté Britannique_. - -Je certifie que ce qui précède est une copie véritable et fidèle des -notes originales, en ma possession, sur ce qui s’est passé le 7 -Septembre, 1903, au village de Bosunguma, dans la contrée de Ngombe, sur -la Rivière Lulanga, où je me suis rendu le 7 Septembre, 1903, sur la -demande d’indigènes de ce village. - -En foi de quoi j’ai apposé ci-dessous ma signature et le sceau de mon -office, à Lulanga, ce 9 Septembre, 1903. - -(Signé) ROGER CASEMENT, -_Consul de Sa Majesté Britannique_. - - -Annexe 3. - -_Enquête du Substitut du Procureur d’État, Gennaro Bosco, à charge de -Kelengo._ - -(Extraits relatifs à l’affaire Epondo.) - -L’an 1903, le 28 Septembre, à Coquilhatville, devant nous, Substitut, -comparaît Efundu, Chef du village Bosunguma, qui après serment, répond -comme d’après aux questions que nous lui posons: - - * * * * * - -_D._ Parlez de la main d’Epondo? - -_R._ Je ne puis que répéter ce qu’Epondo même m’a raconté. Il m’a dit -que dans les Bangala, il était allé à la chasse au sanglier avec un -camarade, dont il ne me dit pas le nom. Celui-ci blessa un sanglier et -il voulut l’attraper par les oreilles, mais le sanglier le mordit si -fortement qu’une main tomba, après gangrène. - -_D._ Pourquoi les indigènes d’Ekanza et Bosunguma accusent-ils Kelengo? - -_R._ Pour ne pas faire de caoutchouc. Kelengo est sentinelle de -caoutchouc. Les indigènes n’aiment pas de faire du caoutchouc et ont -décidé, sachant que les Anglais étaient là, de leur dire un mensonge -dans l’espoir de ne plus faire de caoutchouc. - -_D._ Étiez-vous présent lorsque le Consul Anglais interrogeait les -indigènes? - -_R._ Non, j’étais dans la forêt. - -_D._ Lorsque le Consul Anglais fut parti, qu’est-ce que disaient entre -eux les indigènes? - -_R._ “Maintenant, c’est bien. Maintenant qu’il croit qu’on m’a coupé la -main, nous ne ferons plus de caoutchouc; nous ne ferons que la kwanga.” - -_D._ Avez-vous entendu dire que Kelengo avait tué un homme et coupé la -main à deux autres parce qu’on refusait de lui donner une antilope qu’on -avait tuée? - -_R._ C’est ce qu’on est allé raconter aux Anglais, mais c’est un -mensonge. - -_D._ Savez-vous que Kelengo a amarré pour la même raison la femme de -Ciango et qu’il ne l’a laissée qu’après un paiement de 1,000 mitakos? - -_R._ C’est encore un mensonge. Je ne connais pas ce Ciango. C’est un nom -qui n’est pas même usité parmi les indigènes. - -_D._ Savez-vous que Kelengo a volé un canard et un chien d’Ilungo? - -_R._ Mensonge. Cet Ilungo n’existe pas. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -Le Substitut, -(Signé) BOSCO. - -Après comparaît Mongombe, d’Ikandja, qui, interrogé, après serment, -déclare: - -Epondo a perdu la main à la chasse du sanglier dans les Bangala. -Lui-même l’a raconté en disant que son camarade, dont il ignore le nom, -avait blessé le sanglier, et il avait voulu l’attraper par les oreilles. -Le sanglier alors lui avait arraché la main. - - * * * * * - -_D._ Pourquoi les indigènes accusent-ils Kelengo? - -_R._ Ils ne veulent pas faire le caoutchouc et sont allés dire des -mensonges aux Anglais dans l’espoir de ne pas faire de caoutchouc, et -quand les Anglais sont partis, ils disaient: “Maintenant, c’est bien. -Maintenant plus de caoutchouc. Seulement la kwanga.” J’ai entendu ces -expressions plusieurs fois. Kelengo n’a pas amarré la femme de Sandjo, -ni tué personne. L’histoire de l’antilope est un mensonge. Je ne connais -pas Ilungo. - -_D._ Êtes-vous au courant du complot des indigènes pour aller dire des -mensonges aux missionnaires? - -_R._ Oui; j’ai entendu les indigènes se plaindre qu’ils travaillaient -beaucoup pour rien, que les Chefs s’emparaient des mitakos que les -blancs payaient pour la récolte du caoutchouc; enfin, qu’ils mouraient -de faim. Ils ajoutaient qu’ils avaient réclamé plusieurs fois -inutilement et qu’ils allaient essayer si, par l’intermédiaire des -Anglais, qui étaient très puissants, ils pouvaient obtenir de changer -leur sort. Et ils disaient: “Allons, allons vite, vite chez les Anglais; -allons dire que Kelengo coupe les mains.” - -_D._ Avez-vous entendu ces mots? - -_R._ Oui; je les ai entendus parfaitement. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -Le Substitut, -(Signé) BOSCO. - -Après comparaît Bangwala, d’Ikandja, qui, interrogé, après serment, -déclare:-- - - * * * * * - -_D._ Parlez maintenant de la main d’Epondo. - -_R._ Il l’a perdue à cause d’une morsure de sanglier, dans les Bangala. -C’est Epondo lui-même qui le disait. - -_D._ Pourquoi les indigènes accusent-ils Kelengo? - -_R._ Ils ne veulent plus faire de caoutchouc et ont cru, en accusant -Kelengo, de se soustraire à ce travail. J’ai entendu de mes oreilles -lorsqu’ils disaient: “Allons vite, vite dire des mensonges aux Anglais.” -Ils allèrent donc appeler les Anglais pour leur faire voir l’homme sans -mains et les Anglais vinrent. Et quand ils furent partis, ils disaient: -“Bien, bien, nous allons faire la kwanga seulement. Maintenant le -caoutchouc est fini.” - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -Après comparaît Momobo, de Bossunguma, qui, interrogé, après serment, -déclare:-- - - * * * * * - -Epondo a perdu la main à cause de la morsure d’un sanglier; Kelengo n’a -tué personne. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -Après comparaît Ekumeloko, de Boselembe, travailleur à la Société -Lulonga, qui, interrogé, après serment, déclare:-- - - * * * * * - -_D._ Et qui a coupé la main d’Epondo? - -_R._ Epondo arriva dans notre village sans une main et nous montra qu’un -sanglier la lui avait coupée. - -_D._ Pourquoi les indigènes accusent-ils Kelengo? - -_R._ Pour se soustraire au travail du caoutchouc; ils racontèrent des -mensonges aux Anglais et bornent leur travail à la kwanga pour les -Anglais. - -_D._ Kelengo a-t-il tué quelqu’un? - -_R._ Personne. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -Après, nous interrogeons l’un après l’autre Bundja, de Bosibendama, et -Bawsa, de Bossundjulu, travailleurs de la Société Lulonga, qui font une -déclaration identique à la précédente. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -L’an 1903, le 19 Septembre, devant nous, Substitut, comparaît Kelengo, -de Bokakata, qui, renseigné sur l’accusation qu’on lui fait, déclare:-- - -Mon nom officiel (kombo na mukanda) est Mbilu, mais les indigènes -m’appellent Kelengo. Je n’ai pas coupé les mains d’Epondo.... Je ne -connais pas même Epondo. Je sais seulement qu’un sanglier lui a mordu la -main.... Du reste, je ne suis dans le village de Bosunguma que depuis -cinq mois. J’ai été surpris lorsque les indigènes m’ont accusé près des -Anglais, mais je dois vous dire que quelques jours après, ils m’ont -donné 100 mitakos pour que je n’aille pas réclamer chez le blanc et -m’ont avoué qu’ils avaient dit des mensonges aux Anglais pour se -soustraire au travail du caoutchouc. Je portai ces 100 mitakos à Bumba -(M. Dutrieux), qui dit: “Les indigènes sont des menteurs.” - -_D._ Le Chef Tondebila dit qu’il vous a vu lorsque vous coupiez la main -d’Epondo. - -_R._ Il est un menteur. D’ailleurs pourquoi s’est-il sauvé? Il a été -arrêté deux fois pour venir ici rendre son témoignage. La première fois -par Bumba, la seconde par le Commandant de la Compagnie (Braeckman), et -il a pris toujours la fuite. Moi aussi, j’aurais pu m’enfuir et je n’ai -pas voulu parce que je suis innocent. - -_D._ Mololi, Botoko, Eykela, et Alondi vous accusent comme auteur de la -mutilation d’Epondo. - -_R._ Ils mentent. Je ne connais ni Botoko, ni Eykela, ni Alondi. Je -connais seulement Mololi. - -_D._ On vous accuse aussi d’avoir amarré la femme de Ciango parce que -celui-ci, ayant tué deux antilopes, ne vous en avait donné que les -cuisses et de n’avoir laissé cette femme qu’après avoir reçu un cadeau -de 1,000 mitakos. On vous accuse en outre d’avoir volé ou de vous être -emparé par force de deux canards et d’un chien appartenant à Ilungo. Que -répondez-vous? - -_R._ Mensonge. Je ne connais pas Ciango. Je connais Ilungo, mais je n’ai -rien pris. Quand on m’apporte des cadeaux, je les accepte, mais je ne -prends pas les objets des indigènes, parce que Bumba nous l’a défendu -sous menace de nous mettre en prison. - -_D._ Vous êtes accusé par Ilengi d’avoir amarré la femme de Sundi et de -l’avoir libérée seulement après paiement de 500 mitakos. - -_R._ Mensonge. Ilundji et Sundi appartiennent à une autre section. Ils -dépendent d’une autre sentinelle, un nommé Ikangola. C’est un complot -des indigènes pour se soustraire au travail du caoutchouc. Ils me -disaient toujours qu’ils ne voulaient pas le faire, qu’ils préféraient -faire la kwanga pour les Anglais et prétendaient d’y parvenir avec leur -aide. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -Après, nous interrogeons successivement tous les témoins: Bandja, Bansu, -Ekumaleko, Mambo, Bangula, Monsumbu, Ffundu, pour leur demander depuis -combien de temps Kelengo se trouve à Bosunguma, et tous disent qu’il s’y -trouve depuis quatre mois. - -(Signé) BOSCO. - -L’an 1903, le 4 Octobre, à Mampoko, devant nous, Substitut, à -Coquilhatville, comparaît Dutrieux, Charles-Alexandre, né à Namur, -Directeur de la Société Lulonga, qui, interrogé, après serment, -déclare:-- - -Je connais Kelengo sous le nom de M’Bilo. Il est au service de le -Société Lulonga en qualité de garde forestier, depuis le mois de Mars -dernier. Sa tâche est uniquement celle d’accompagner les indigènes à la -récolte du caoutchouc et de leur empêcher de couper les lianes. Je ne -sais rien au sujet de l’atrocité dont on l’accuse.... Je ne sais pas -maintenant pourquoi on accuse Kelengo ou Mbilu d’avoir coupé une main à -un garçon. Je sais seulement que le nommé Kelengo ou Mbilu est venu chez -moi le jour d’arrivée du Lieutenant Braeckman, c’est-à-dire, sauf -erreur, le 12 Septembre, m’apporter 100 mitakos en me disant que les -indigènes les lui avaient donnés pour qu’il ne me dise pas qu’ils -avaient menti près des Anglais, dans le but de ne pas faire de -caoutchouc. Le Lieutenant Braeckman a fait rendre ces mitakos au Chef du -village de Bossunguma. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -(Signé) DUTRIEUX. - -Après, Pingo, de Bokakata, qui, interrogé, après serment, déclare:-- - -Je suis boy de M. Dutrieux. Un jour, le nommé Mbilu est venu chez mon -maître lui apporter 100 mitakos, disant que le Chef de Bossunguma, -nommé, si je ne me trompe, Mateka ou Lofundu, les lui avait donnés comme -cadeau pour qu’il n’aille pas dire que les indigènes avaient menti près -des Anglais en l’accusant d’avoir coupé une main à un gamin, mensonge -qu’ils avaient dit pour se soustraire au travail du caoutchouc. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -L’an 1903, le 6 Octobre, à Mampoko, devant nous, Substitut, à -Coquilhatville, comparaît le nommé Eponga, _alias_ Mondondo, de -Bossunguma, qui, interrogé, après serment, déclare:-- - -Epondo a une main coupée parce que, dans les Bangala, un sanglier la lui -a arrachée.... - -_D._ Pourquoi alors les habitants de votre village ont-ils accusé -Kelengo? - -_R._ Pour se soustraire au travail du caoutchouc; ils ont dit des -mensonges aux Anglais, qui ont répondu: “Nous ferons une lettre au -Juge.” - -_D._ Est-ce qu’ils ont ajouté quelque autre chose? - -_R._ Non. - -_D._ Combien de temps sont-ils restés dans votre village? - -Le témoin indique où se trouvait le soleil lorsqu’ils sont arrivés et -lorsqu’ils sont partis. Nous calculons qu’ils sont restés au moins -quatre heures. - -_D._ Est-ce que les Anglais ont écrit quand ils étaient au village? - -_R._ Oui; ils ont écrit sur un grand papier. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -Après comparaît Liboso, fils de Lekela, de Bossunguma, qui, interrogé, -après serment, déclare-- - -Epondo a une main coupée parce qu’un sanglier l’a mordue.... - -_D._ Pourquoi les indigènes ont-ils accusé Kelengo? - -_R._ Parce qu’ils étaient fatigués de faire du caoutchouc, qui n’était -plus dans leur forêt. Ils ont cru qu’avec l’intercession des Anglais ils -pourraient se soustraire à un travail très dur, et pour interposer les -Anglais, ils sont allés leur dire que la sentinelle de Bumba (Dutrieux) -avait coupé une main. - -_D._ Qui est allé parler avec les Anglais? - -_R._ Bodjengene et un autre, dont je ne me rappelle pas le nom. Les -Anglais dirent: “Vous mentez. Où est cet homme avec la main coupée? -Allez le prendre.” Alors ils sont allés chercher ... Epondo et l’ont -présenté aux Anglais. - -_D._ Lorsque les Anglais sont venus à votre village, qu’est-ce qu’ils -ont fait? - -_R._ Ils ont parlé avec les habitants qui se plaignaient de ce qu’ils -devaient travailler beaucoup. Ils disaient que le caoutchouc n’était -plus dans leur forêt, qu’ils voulaient faire un travail moins dur, comme -la kwanga et la pêche. Les Anglais répondirent: “C’est bien; vous êtes -des hommes de Bula Matari. Nous écrirons à Bula Matari.” Et dans leur -village ils firent une grande moukande, comme vous maintenant. - -(Signé) BOSCO. - -Après comparaît Etoko, fils d’Ilembe, décédé, de Bossunguma, qui, -interroge, après serment, déclare:-- - -Un sanglier coupa la main d’Epondo.... - -_D._ Pourquoi les indigènes ont-ils accusé Kelengo? - -_R._ Pour rien. Pour se soustraire au travail du caoutchouc; ils ont dit -des mensonges aux Anglais. - -_D._ Qui est allé parler aux Anglais? - -_R._ Bodjengene. - -_D._ Bodjengene seul? - -_R._ Oui; lui seul. Après, Epondo est allé travailler chez les Anglais, -où il se trouve maintenant.... - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -Après comparaît Akindola, de Bossunguma, qui, interrogé, après serment, -déclare:-- - -Un sanglier a coupé la main d’Epondo. - -_D._ Pourquoi les indigènes accusent-ils Kelengo? - -_R._ Non; ils n’accusent pas Kelengo. - -_D._ N’étiez-vous pas présent lorsque le Consul Anglais est venu dans -votre village? - -_R._ Non; j’étais dans la forêt et je ne sais rien de ce qui s’est -passé. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -Après comparaît Mafambi, de Bossunguma, qui, interrogé, après serment, -déclare:-- - -Un sanglier a mordu la main d’Epondo, et c’est pour cela qu’il l’a -perdue.... Kelengo est innocent. Les habitants des Bossunguma l’ont -accusé espérant d’éviter la récolte du caoutchouc. - -_D._ Êtes-vous allé à la Mission de Bonginda pour vous plaindre? - -_R._ Moi, non, Bodjengene; et les Anglais lui ont répondu de s’adresser -au Juge. - -_D._ Ikabo n’est-il pas allé chez les Anglais? - -_R._ Non. Epondo alla chez les Anglais. Ikabo resta au village. Les -Anglais vinrent après chez nous et nous dirent que la question du -caoutchouc n’était pas de leur compétence. - -_D._ Ont-ils recherché Ikabo? - -_R._ Non; ils ont recherché Epondo seulement. - -_D._ Les avez-vous vus? - -_R._ Oui. - -_D._ A quelle heure sont-ils venus et à quelle heure sont-ils partis? - -Le témoin, indiquant où se trouvait le soleil, fait supposer qu’ils sont -arrivés vers midi et sont repartis vers deux heures. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -Après comparaît Ekombo, de Bossunguma, qui, interrogé, après serment, -déclare:-- - -Epondo a perdu la main à la chasse du sanglier.... Les indigènes ont -accusé Kelengo, espérant se soustraire au travail du caoutchouc. - -_D._ Qui alla à Bonginda chez les Anglais pour leur parler? - -_R._ Ikabo, Bodjengene, et Epondo. Les Anglais leur dirent de s’adresser -au Juge. - -_D._ Ikabo, Bodjengene, et Epondo sont-ils restés à Bonginda ou sont-ils -rentrés à Bossunguma? - -_R._ Ils sont rentrés, hors Epondo, qui est resté à Bonginda, et lorsque -les Anglais sont venus à Bossunguma Epondo les a accompagnés et est -retourné avec eux à Bonginda. - -_D._ Est-ce que les Anglais vous ont dit: Le caoutchouc est fini? - -_R._ Non. C’est nous qui l’avons dit. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -Après comparaît Mondonga, de Bossunguma, qui, interrogé, après serment, -déclare:-- - -_D._ Qui est allé à Bonginda pour appeler les Anglais? - -_R._ Bodjengene. - -_D._ Seulement lui? - -_R._ Oui. - -_D._ Ekabo et Epondo ne sont-ils pas allés à Bonginda? - -_R._ Oui, mais après, parce que les Anglais ont dit de vouloir les voir. -Alors Ikabo est retourné au village et Epondo est resté à Bonginda. -Lorsque les Anglais sont venus à Bossunguma, Epondo les a accompagnés et -est rentré avec eux à Bonginda. Ikabo est resté à Bossunguma. - -_D._ Quelle heure était-il lorsque les Anglais sont venus à Bossunguma? - -_R._ D’après les indications du témoin, on dirait qu’ils sont arrivés -vers 1 heure de l’après-midi et sont rentrés vers 5 heures. - -_D._ Est-ce qu’ils ont écrit à Bossunguma? - -_R._ Non. - -_D._ Le comparant fait une déclaration conforme à celle des autres -témoins en ce qui concerne la mutilation d’Epondo et les raisons pour -lesquelles les indigènes ont accusé Kelengo. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -Après comparaît Makurua, de Bossunguma, qui, après serment, déclare:-- - -J’étais à la chasse et je ne sais rien du tout. Je sais seulement que -Kelengo n’a coupé aucune main. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -Après comparaît Lopembe, de Bossunguma, qui, interrogé, après serment, -déclare:-- - -_D._ Qui est allé à Bonginda parler aux Anglais? - -_R._ Personne. Nous n’avons pas appelé les Anglais. - -_D._ Pourquoi les Anglais sont-ils alors venus à Bossunguma? - -_R._ Parce que Bodjengene les a appelés pour la question du caoutchouc, -mais Kelengo n’a coupé la main à personne; il n’a tué personne; il n’a -amarré aucune femme.... - -_D._ Lorsque les Anglais sont arrivés à Bossunguma, Epondo où était-il? - -_R._ Dans leur pirogue. Il les a accompagnés à Bossunguma, et quand ils -sont partis pour rentrer à Bonginda, il les a suivis et est resté avec -eux. - -_D._ Lorsque les Anglais sont venus à Bossunguma, ont-ils écrit? - -_R._ Oui. Ils ont écrit sur un petit papier, beaucoup plus petit que -celui sur lequel vous écrivez. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -L’an 1903, le 7 Octobre, à Bonginda, devant nous, Bosco Gennaro, -Substitut à Coquilhatville, comparaît Mr. Armstrong, William Douglas, -missionnaire, qui, interrogé, après serment, déclare:-- - -Un Dimanche soir le nommé Ikabo, accompagné par deux ou trois indigènes, -vint à la Mission et demanda de parler au Consul Anglais. Je le vis, -mais je ne sais pas ce qu’il dit au Consul Anglais. Les indigènes -voulaient que le Consul les voyât. - -_D._ Le Consul a-t-il interrogé lui-même Ikabo? - -_R._ Je pense qu’il l’interrogea avec l’aide de son interprète et d’un -autre encore. Moi aussi je suis intervenu. Nous étions assis autour de -la même table, et moi-même j’ai posé des questions en m’adressant à un -noir, qui les répétait à Ikabo. Moi, je parlais le dialecte local de -Bonginda et le noir répétait mes demandes en langue Ngombe. - -_D._ Quelles sont les questions que vous avez posées à Ikabo? - -_R._ Je ne m’en rappelle pas exactement; mais elles se référaient à la -mutilation qu’on lui a faite subir. - -_D._ Qui a dit qu’à Bossunguma il y avait un autre garçon avec la main -coupée? - -_R._ Les indigènes qui accompagnaient Ikabo. Après, le lendemain, nous -sommes allés, avec M. le Consul, à Bossunguma, avons vu Epondo, et tout -le village nous dit que Kelengo l’avait mutilé. On dit aussi qu’il avait -tué un homme et lui avait coupé les deux mains. Le Consul dressa -procès-verbal à Bossunguma, où nous sommes restés deux ou trois heures. -Nous arrivâmes vers 7 heures du matin. - -_D._ Les indigènes se sont-ils plaints que le travail du caoutchouc -était excessif et qu’ils voulaient un autre travail moins dur? - -_R._ Ils se plaignaient toujours du travail du caoutchouc, et dans cette -occasion, ils répétèrent leurs plaintes. Nous les exhortâmes à continuer -à travailler pour leurs maîtres. - -_D._ Comment alors expliquez-vous que les gens mêmes de votre Mission -ont crié deux fois, la première fois à la pirogue et la seconde au -bateau où se trouvait M. Spelier, agent de La Lulonga, que le caoutchouc -était fini et que les Sociétés devaient partir? - -_R._ La première fois j’étais dans ma maison et j’ai entendu des cris -sans comprendre ce qu’ils disaient. La seconde fois j’étais dans -l’église; j’ai entendu encore des cris, sans pourtant comprendre ce -qu’on disait; mais, ayant vu les boys qui criaient, je les ai -réprimandés. Ils m’ont répondu qu’ils saluaient leurs amis qui étaient -sur le bateau, et en ce qui concerne la première fois, ayant fait une -enquête, on m’a dit que c’étaient des gens qui n’appartenaient pas à la -Mission qui avaient crié, des Ngombe et des indigènes de Bokemjola (près -de Boieka). - -_D._ Pourtant, croyez-vous que ces cris aient été réellement poussés? - -_R._ Il est très possible que le caoutchouc est la bête noire des -indigènes. Je ne crois pas que les hommes de la Mission aient poussé ces -cris, puisqu’ils ne s’occupent pas de caoutchouc, et nous sommes très -prudents à ce sujet, ayant soin de ne pas en parler. - -_D._ Comment expliquez-vous le bruit que maintenant on ne doit plus -faire de caoutchouc et que le Consul Anglais allait supprimer ce travail -dans toute la rivière? - -_R._ Le désir est père de la pensée. Les noirs sont paresseux, et ils -seraient capables de tout complot pour éviter de travailler, partant de -faire du caoutchouc. Du reste, lorsque le Consul Anglais est allé à -Bossunguma, il a dit qu’il aurait porté à la connaissance de la justice -le crime, dont on accusait Kelengo, mais il n’a pas dit un mot qui pût -être interprété, soit comme instigation à ne pas travailler, soit comme -promesse de son intercession près des autorités de l’État, pour la -suppression ou la diminution du travail. - -_D._ D’après votre opinion, depuis combien de temps la mutilation a eu -lieu? - -_R._ Je ne saurais pas, mais on dit depuis six mois. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -(Signé) W.-D. ARMSTRONG. - -Après comparaît Epondo, de Bossunguma. Le comparant a la main gauche -coupée. Il prête serment et déclare:-- - -Il ne comprend que le Ngombe, et comme à la Mission Anglaise il n’y a -personne qui connaisse cette langue, nous l’interrogeons, par -l’entremise de son frère Nnele, boy de la Mission Anglaise, qui prête -serment de remplir fidèlement la mission qui lui est confiée, et nous -procédons à l’interrogatoire d’Epondo. - -_D._ Qui vous a coupé la main? - -_R._ Kelengo. - -_D._ Pourquoi? - -_R._ Pour le caoutchouc. Il est venu faire la guerre dans notre village -et a tué Elua et m’a coupé une main. Je suis tombé presque mort. Je me -suis réveillé après un certain temps et je me suis trouvé sans main. - -_D._ Connaissez-vous Bossole? - -_R._ Non; je connais Kelengo. - -_D._ Êtes-vous sûr que c’est Kelengo qui vous a coupé la main? Ce n’est -pas Bossole? - -_R._ Non; c’est Kelengo. - - * * * * * - -_D._ Dans le temps, n’êtes-vous pas allé chez les Bangala? - -_R._ Non; je suis resté toujours dans mon village. - -_D._ Votre main ne vous a-t-elle pas été enlevée par un sanglier? - -_R._ Non. Kelengo me l’a coupée. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - - * * * * * - -Après nous interrogeons Nnele, qui, après serment, déclare:-- - -Je ne savais pas que mon frère avait la main coupée. Je le vis revenir -avec les Anglais avec la main coupée, et c’est alors qu’il m’apprit que -c’était Kelengo qui la lui avait coupée. - -Dont procès-verbal lu et signé, hors le témoin illettré. - -(Signé) BOSCO. - -(Signé) NNELE. - - * * * * * - -Après comparaît nouvellement Mr. Armstrong, qui, après serment, -déclare:-- - -_D._ Depuis combien Nnele est au service de la Mission? - -_R._ Depuis environ cinq ans. - -_D._ Vous a-t-il jamais dit d’avoir un frère sans une main? - -_R._ Non; jamais. - -Dont procès-verbal lu et signé. - -(Signé) BOSCO. - -(Signé) W.-D. ARMSTRONG. - - * * * * * - -Nous, Substitut, donnons ordre à Epondo de nous suivre à Mampoko. - -Après, le même jour, à Mampoko, comparaît nouvellement Epondo, que nous -interrogeons nouvellement avec l’aide de Korony, qui prête entre nos -mains le serment d’accomplir fidèlement la mission d’interprète qui lui -est confiée. Epondo prête nouvellement serment et déclare:-- - -_D._ Êtes-vous esclave de Bandebonja? Vous a-t-il conduit dans la Ngiri? - -_R._ Je ne connais ni Bandebonja ni la Ngiri. - -_D._ N’avez-vous jamais été blessé à la chasse du sanglier? Ne vous -a-t-il pas mordu à la main? - -_R._ Non; jamais. Kelengo m’a coupé la main. - -_D._ Les habitants de votre village ne vous ont-ils pas suggéré -d’accuser Kelengo près des Anglais pour se soustraire au travail du -caoutchouc? - -_R._ Il y a presque un mois, deux Anglais sont venus à notre village et -nous ont dit: Beaucoup de monde meurt pour le caoutchouc. Dorénavant -vous ne ferez plus de caoutchouc, vous ferez seulement la kwanga pour -nous. - -Nous, Substitut, appelons, comme second interprète, Munenge Gabriel, -qui, après serment, traduit la réponse d’Epondo identiquement à Korony. -La réponse est rappelée deux fois. - -_D._ Qui étaient ces Anglais? - -_R._ Torongo et Mongongolo. Ils m’ont vu, m’ont questionné et m’ont fait -aller avec eux à Bonginda. Les habitants de mon village ne m’ont jamais -suggéré de dire que Kelengo m’avait coupé la main. Les Anglais m’ont -fait monter dans leur bateau et m’ont conduit à Coquilhatville pour me -montrer au Juge, mais le Juge était dans l’Ubangi. Alors nous sommes -allés à Bolengi, et après Mongongolo est allé en Europe et moi je suis -retourné en pirogue à Bonginda. - -_D._ Les Anglais vous ont-ils photographié? - -_R._ Oui, à Bonginda et à Lulanga. Ils m’ont dit de mettre bien en -évidence le moignon. Il y avait Nnele, Mongongolo, Torongo et autres -blancs dont je ne connais pas les noms. Ils étaient les blancs de -Lulanga. Mongongolo a porté avec six photographies. - -Dont procès-verbal lu et signé. - -(Signé) BOSCO. - -L’an 1903, le 8 Octobre, devant nous, Substitut, comparaît Bofoko, Chef -du village Ikandja. Comparaît aussi, comme interprète, le nommé Korony, -qui prête entre nos mains le serment de remplir fidèlement la mission -qui lui est confiée. Le comparant Bofoko prête serment et déclare:-- - -_D._ Savez-vous qui a coupé la main d’Epondo ...? - -_R._ Personne n’a coupé la main d’Epondo. Il est allé avec son maître -Makekele à la chasse au sanglier à Malela, dans le district des Bangala, -et le sanglier lui a arraché la main. C’est lui-même qui, à son retour -dans son village, nous a raconté d’avoir été victime de cet accident de -chasse.... - -_D._ Lorsque d’après les coutumes indigènes, on coupe une main pour -punir quelqu’un, quelle est la main que l’on coupe? - -_R._ Toujours la main droite. - -_D._ Pourquoi alors les habitants de Bossunguma ont-ils accusé Kelengo -d’avoir commis ces atrocités? - -_R._ Parce qu’ils trouvent que le travail du caoutchouc est trop dur et -ont cru de pouvoir s’en libérer, et pour les induire à s’en occuper, ils -sont allés leur conter des mensonges. - -_D._ Pourquoi vous-même avez-vous déclaré au Consul Anglais avoir vu la -main coupée par terre; le sang coulait et les habitants du village qui -couraient dans toutes les directions? - -_R._ Je n’ai pas parlé avec les Anglais. Je ne les ai pas même vus. -Quand ils sont arrivés à Bossunguma, je n’étais pas là. - -_D._ Vous mentez, parce que le Consul Anglais déclare avoir parlé avec -vous. - -_R._ Oui, c’est vrai. J’y étais. J’ai dit comme les autres. Tout le -monde se plaignait que le travail du caoutchouc était trop dur. - -_D._ Et le Consul Anglais qu’est-ce qu’il a dit? - -_R._ Il a dit qu’il aurait parlé au Juge et il a écrit un grand papier -pour vous. - -_D._ Donc, vous n’avez pas vu la main coupée, le sang qui coulait, les -gens qui se sauvaient dans toutes les directions? - -_R._ Non; je n’ai rien vu. - -_D._ Est-ce que Kelengo aurait tué ou blessé quelqu’un? A-t-il amarré -des femmes? - -_R._ Non; il n’a tué personne. Il n’a amarré aucune femme. On a dit -comme ça pour interposer les Anglais, pour faire voir que le blanc était -violent. - -_D._ Où sont Tonbebola, Mileli, Eykela, Alondi, Boningeni, Mopili? -Pourquoi ne sont-ils pas venus? - -_R._ Ils sont dans la forêt; ils ont peur. - -Dont procès-verbal lu et signé. - -(Signé) BOSCO. - -Après comparaît Mongombe, d’Ikondju, qui, après serment, déclare: - -J’atteste qu’Epondo, d’après ce que lui-même a raconté, a perdu la main -gauche à la chasse au sanglier. La bête blessée l’aurait attaqué et lui -aurait arraché la main. Ce ne serait pas arrivé dans le village, mais -dans le pays des Bangala, où il était avec un homme dont j’ignore le -nom.... - -_D._ Lorsque les indigènes coupent les mains pour punir ou pour se -venger, coupent-ils la main droite ou la main gauche? - -_R._ Toujours la main droite. - -_D._ Pourquoi a-t-on accusé Kelengo? - -_R._ Nous sommes fatigués du caoutchouc et avons voulu obtenir une -diminution de travail avec l’aide du Chef des Anglais, en lui montrant -la violence du blanc. En effet les Anglais sont arrivés et ont fait un -grand papier pour le Juge. Leur Chef disait: “Nous verrons, nous -verrons.” - -_D._ Savez-vous si Kelengo a tué quelqu’un, s’ils ont amarré des femmes? - -_R._ Non. Il n’a tué personne et il n’a amarré aucune femme. - -_D._ Où sont Tondebola, Molili, Eykela, Alondi, Bonsigeni, Mopili? - -_R._ En fuite; ils ont peur. - -Dont procès-verbal lu et signé. - -(Signé) BOSCO. - -Après nous interrogeons successivement Lopimbe, de Bassombwene, Boloko, -de Bossunguma Alekois, de Bassombwene, Itoke et Itobe, de Bossunguma, et -leur posons les mêmes questions que nous avons posées aux deux -précédents témoins. Les comparants prêtent serment et répondent -identiquement concordément à Botoko et Monjombeki, affirmant l’innocence -absolue de Kelengo. - -(Signé) BOSCO. - -Après comparaît nouvellement Epondo, qui prête serment et déclare: - -_D._ Persistez-vous à accuser Kelengo de vous avoir coupé la main -gauche? - -_R._ Non; j’ai menti. - -_D._ Racontez alors comment et quand vous avez perdu la main. - -_R._ J’étais esclave de Monkekola, à Malele, dans le district des -Bangala. Un jour, j’allai avec lui à la chasse au sanglier. Il en blessa -un avec une lance, et alors la bête, devenue furieuse, m’attaqua. Je -tâchai de me sauver avec la suite, mais je tombai, le sanglier fut -bientôt sur moi, m’arrachant la main gauche, au ventre et à la hanche -gauche. Le comparant montre les cicatrices aux endroits désignés et -spontanément se met par terre pour faire voir dans quelle position il se -trouvait lorsqu’il fut attaqué et blessé par le sanglier. - -_D._ Depuis combien de temps cet accident vous est-il arrivé? - -_R._ Je ne me rappelle pas. C’est depuis longtemps. - -_D._ Pourquoi alors aviez-vous accusé Kelengo? - -_R._ Parce que Momaketa, un des Chefs de Bossunguma, me l’a dit et après -tous les habitants de mon village me l’ont répété. - -Dont procès-verbal lu et signé. - -(Signé) BOSCO. - - -Annexe 4. - -(A.) - -ÉTAT INDÉPENDANT DU CONGO. - -(Département de l’Intérieur.) - -_District de [blank space in text], No. [blank space in text]._[144] - -_Chefferies Indigènes._ - -(Arrêté du 2 Janvier, 1892.--Formule No. 1.) - -_Procès-verbal d’Investiture._ - -L’an 1880 [blank space in text] le [blank space in text] jour du mois -d[blank space in text] Nous, Commissaire de District d[blank space in -text], avons confirmé[145] [blank space in text] chef de[146] et de la -région de[147] [blank space in text] relevant du Chef de[148] [blank -space in text] dans l’autorité qui lui est attribuée par les us et -coutumes locaux en tant qu’ils n’ont rien de contraire à l’ordre public -ni aux lois de l’État et lui avons fait remise de l’insigne décrit à -l’Article 3 de l’Arrêté du 2 Janvier, 1892. - -Le Chef prédésigné s’est engagé à fournir les prestations annuelles -indiquées au tableau ci-annexé et à exécuter ou faire exécuter les -travaux y mentionnés. - -De tout quoi nous avons dressé le présent procès-verbal en double -original aux jour, mois et an que dessus. - -Le Commissaire de District, - -INDD -Le Chef reconnu, - -N.B.--Ce Chef est le successeur du Chef [blank space in text] confirmé -suivant le procès-verbal No. [blank space in text]. - - -(B.) - -Chefferies indigènes reconnues. - -District de [blank space in text]. - -TABLEAU Statistique Chefferie de [blank space in text]. - -(Arrêté du 2 Janvier, 1892.--Formule No. 2.) - - ----------+---------+----------+------+------------------------+------------- - Villages | Leur | Noms de |Nombre| Population. | - soumis à |Situation|Sous-Chefs| des | |Observations. - l’Autorité|et leurs | et des |Cases.+-------+-------+--------+ - du Chef. |Limites. |Notables. | |Hommes.|Femmes.|Enfants.| - ----------+---------+----------+------+-------+-------+--------+------------- - | | | | | | | - | | | | | | | - | | | | | | | - | | | | | | | - ----------+---------+----------+------+-------+-------+--------+------------- - - -(C.) - -Chefferies indigènes reconnues. - -District de [blank space in text]. - -TABLEAU des prestations annuelles à fournir par le Chef de [blank space -in text]. - -(Arrêté du 2 Janvier, 1892.--Formule No. 3.) - - ----------+----------+--------+-------------+--------+---------+------------- - Villages | Produits | | | | Travaux | - soumis à |à fournir |Corvées.|Travailleurs.|Soldats.| à |Observations. - l’Autorité|par chaque| | | |Exécuter.| - du Chef. | Village. | | | | | - ----------+----------+--------+-------------+--------+---------+------------- - | | | | | | - | | | | | | - | | | | | | - | | | | | | - ----------+----------+--------+-------------+--------+---------+------------- - -Le Commissaire de District, - -Le Chef indigène reconnu. - - -Annexe 5. - -(A.) - -_Circulaire Interprétative des Prescriptions concernant les Formalités -du Permis de Port d’Armes._ - -_Boma, le 12 Mars, 1897._ - -J’ai constaté, au sujet des prescriptions concernant les formalités du -permis de port d’armes, des divergences d’interprétation qu’il convient -de dissiper. - -Certaines personnes pensent, à tort, qu’il suffit de se munir _d’un -seul_ permis de port d’armes, sans avoir à tenir compte ni de l’usage -qui sera fait des armes importées, ni de leur lieu de destination. - -Ainsi que le dit le dernier paragraphe de ma Circulaire A, VI. 58, du 8 -Juillet, 1893, la taxe de 20 fr., exigée pour la délivrance des permis -de port d’armes, ne doit être perçue _qu’une seule fois par permis, -quelle que soit la quantité d’armes y figurant_; mais il doit être bien -entendu qu’il faut un permis _distinct par destination des armes_, -c’est-à-dire, qu’autre le permis individuel, il y a le permis par -établissement et par bateau. - -Les capitas qui, dans le Haut-Congo, parcourent le pays pour compte de -commerçants et qui sont pourvus d’un fusil, doivent également être munis -d’un permis de port d’armes. - -Je rappelle à ce propos que les capitas ne peuvent avoir en leur -possession aucune arme perfectionnée autre que le fusil à piston _non -rayé_; des permis de port d’armes ne pourront, en conséquence, leur être -délivrés que pour des fusils de l’espèce, et ceux concernant des fusils, -“Albini” ou “Chassepot” qui se trouveraient entre leurs mains devraient -être retirés. - -Les commerçants peuvent seuls disposer, pour la défense éventuelle de -leurs factoreries et bateaux de fusils “Albini,” “Chassepot” ou autres -armes rayées. - -Jusqu’ici on s’était servi d’un imprimé, uniforme pour la délivrance de -permis de port d’armes. - -Afin que des erreurs ne puissent plus se produire à l’avenir, il sera -fait usage, selon le cas, des imprimés dont les modèles sont ci-contre. - -Celui portant la lettre (A) est l’imprimé ancien dont l’emploi sera -exclusivement réservé à la délivrance de permis individuels. - -Celui portant la lettre (B) est l’imprimé qui servira aux permis à -délivrer pour des armes destinées à la défense d’un établissement ou -d’un bateau. - -Celui portant la lettre (C) est l’imprimé à utiliser pour les permis se -rapportant aux fusils à piston confiés aux capitas. - -Ces permis ne doivent pas indiquer les noms des capitas qui en sont -porteurs; ils peuvent être établis au nom d’un établissement et chaque -permis a une durée de validité de cinq années pour une _même_ arme. - -Les Commissaires de District, Chefs de Zone, et Chefs de Poste ou leurs -délégués ont à exercer une surveillance très sérieuse pour empêcher que -les armes perfectionnées dont disposent les commerçants ne passent aux -mains des indigènes. - -Ils ont à vérifier minutieusement les permis de port d’armes et à faire -procéder à des poursuites lorsque ceux-ci ne sont pas strictement en -règle. Ils ont notamment à examiner si le nombre d’armes existant -correspond bien à celui renseigné sur les permis, et à faire saisir les -armes pour lesquelles les formalités prescrites n’auraient pas été -accomplies. - -Je crois utile de rappeler, au sujet des permis de port d’armes, le § 2 -de l’Article VI du Décret du 10 Mars, 1892 (“Bulletin Officiel” de 1892, -p. 14), sur les armes à feu: - -“Le porteur d’un permis de port d’armes peut être requis, en tout temps, -par le Commissaire de District compétent de justifier de la possession -de l’arme ou des armes renseignées sur ce permis; à défaut de cette -justification, il encourra les pénalités prévues par l’Article IX du -Décret.”[149] - -Le Gouverneur-Général, -(Signé) WAHIS. - - -(B.) - -_Circulaire rappelant les Prescriptions sur l’Importation et la -Détention des Armes à Feu perfectionnées._ - -_Boma, le 31 Mai, 1900._ - -J’ai acquis la certitude que les commerçants établis sur le territoire -de l’État ne font aucun effort, malgré les pressantes recommandations -qui leur ont été adressées, pour remplir les obligations imposées par la -législation sur les armes à feu. - -Quantité d’armes qu’ils ont été autorisés à importer pour la défense des -établissements de négoce, des bateaux et la protection des capitas de -négoce ne sont pas inscrites sur les permis réglementaires ou figurent -sur des permis périmés, ou encore ont disparu sans qu’ils en aient été -donné connaissance aux autorités. - -J’ai l’honneur d’attirer encore l’attention des intéressés sur les -dispositions législatives en vigueur en cette matière, en les prévenant -que je donne les ordres les plus sévères pour la recherche des -infractions et l’application rigoureuse des pénalités édictées par -l’Article 9 du Décret du 10 Mars, 1892, reproduit ci-après: - -“Quiconque commettra ou laissera commettre par ses subordonnés des -infractions au présent Décret, ainsi qu’aux Arrêtés et Règlements -d’exécution, sera puni de 100 fr. à 1,000 fr. d’amende et de servitude -pénale n’excédant pas une année, ou de l’une de ces peines -seulement....” - -L’importation de toute arme perfectionnée, y compris le fusil à _piston -non rayé_, est subordonnée à la délivrance d’un permis de port d’armes. - -Celui-ci se subdivise, suivant la destination des armes, en trois -catégories: - -1. Le permis individuel ou particulier; - -2. Le permis collectif applicable aux armes destinées à la défense des -établissements de commerce ou des bateaux; il peut comprendre, suivant -le cas, vingt-cinq ou quinze fusils, maximum d’armes autorisées par le -Gouvernement, pour un établissement ou un bateau; - -3. Le permis de capita. Celui-ci ne peut comprendre qu’une seule arme, -le fusil à piston _non rayé_. Il ne doit pas indiquer le nom du capita -qui en est porteur, mais le nom de l’établissement auquel ce dernier est -attaché. - -Ce sont là les trois cas bien déterminés, où l’importation et l’usage -des armes perfectionnées sont autorisés. - -Les armes ne peuvent, en aucune circonstance, être distraites, sans -autorisation préalable, de leur première destination. - -Elles ne peuvent, sous aucun prétexte, être employées à des incursions à -l’intérieur des terres. La répression de séditions ou d’actes de -brigandage est _inclusivement_ réservée aux autorités de l’État. - -Tout permis de port d’armes est valable pour cinq ans. - -Le porteur d’un permis peut être requis en tout temps par les -Commissaires de District, leurs délégués ou les agents du service des -finances, de justifier de la possession de l’arme ou des armes -renseignées sur ce permis; à défaut de cette justification, il encourra -les pénalités prévues par l’Article 9 du Décret du 10 Mars, 1892. -(Article 6 du Décret du 10 Mars, 1892, et Arrêté du 26 Mars, 1900.) - -Si, dans certaines circonstances, des chefs de factoreries avaient à -diriger des convois de négoce, soit par voie d’eau, soit par terre, à -travers des régions qu’ils jugeraient peu sûres, ils auraient, dans -chaque cas, à demander l’escorte nécessaire au Commissaire du District -dans lequel ils se trouvent, ou au Chef du Poste de l’État le plus -rapproché. - -Cette escorte ne peut, en aucune circonstance, être constituée par des -agents à leur service, à moins qu’ils n’aient obtenu, à ce sujet, un -permis qui ne pourra être délivré que par le Commissaire de District, et -qui devra se trouver entre les mains du chef de l’escorte et pouvoir -être exhibé à tout agent de l’État chargé du contrôle des armes. - -Les contraventions aux différentes prescriptions ci-dessus édictées, -pourront amener, outre les pénalités, la fermeture des établissements -qui auront contrevenu à la loi. - -Le Gouverneur-Général, -(Signé) WAHIS. - - -(C.) - -_Circulaire relative aux Prescriptions sur la Détention des Armes à Feu -perfectionnées à l’Usage des Maisons de Commerce._ - -_Boma, le 28 Novembre, 1900._ - -Je constate par des rapports qui me sont adressés des diverses parties -du territoire, que les prescriptions en matière d’armes à feu -perfectionnées à l’usage des Sociétés commerciales ne reçoivent pas leur -exécution. - -Depuis la publication, en Juin dernier, de ma Circulaire No. 30/g du 31 -Mai, 1900, qui a été adressée à tous les chefs des firmes commerciales -établies dans l’État, ces derniers auraient pu se mettre en règle -vis-à-vis de la loi, soit en demandant des permis de port d’armes, soit -en requérant les modifications nécessaires aux permis qu’ils possèdent -déjà, mais qui ne correspondent plus à l’armement de leurs factoreries, -ou au nombre maximum fixé par la loi, pour un établissement. - -Ils auraient pu donner des instructions formelles à leurs agents, à -l’effet de leur défendre de faire servir les armes à tir rapide à -d’autres usages qu’à celui de la défense des établissements de négoce, -et les fusils à piston à couvrir des convois de négoce, sans -autorisation préalable. - -Il m’a été signalé que ces dernières armes étaient parfois confiées à -des indigènes non munis de licences. - -L’inobservation des dispositions législatives et réglementaires -régissant l’importation et la détention des armes à feu, doit amener des -désordres qu’il faut empêcher. - -Ce n’est qu’en sévissant avec rigueur contre les personnes en faute -qu’on parviendra à faire respecter la loi. - -Je prescris donc à tous les fonctionnaires chargés des fonctions -d’officier de police judiciaire et notamment les Commissaires de -District, les Chefs de Zone, et leurs Chefs de Poste, de vérifier, -chacun dans son ressort, les permis de port d’armes et l’armement des -factoreries qui y sont établies. Toutes les infractions seront -constatées par procès-verbaux dont une expédition me sera transmise -concurremment avec celle qui doit être remise au Parquet. - -Les armes, objet du délit, devront être saisies. - -Ces vérifications doivent commencer dès la réception de la présente -Circulaire. - -Les autorités territoriales me feront rapport, à bref délai, sur les -prescriptions qui y sont contenues. - -Le Gouverneur-Général, -(Signé) WAHIS. - - -(D.) - - _Circulaire faisant suite à l’Arrêté du 30 Avril, 1901, sur les - Permis de Port d’Armes édictant des Règles en ce qui concerne le - système qui sera dorénavant suivi en cette matière, ainsi que - concernant certaines mesures précautionnelles que les Commissaires - de District et les Chefs de Zone pourront prescrire et la sanction - administrative qui y sera attachée._ - -_Boma, le 30 Avril, 1901._ - -De récents événements ont encore démontré que les prescriptions en -matière d’armes à feu étaient à chaque instant violées par les chefs ou -gérants des établissements de commerce en dépit des nombreux avis de -l’autorité. - -Il a aussi été établi que le dépôt d’un certain nombre de fusils -perfectionnés dans ces établissements pouvait, à d’autres égards, -compromettre la sécurité publique, en ce que les armes pouvaient à un -moment donné être utilisées par le personnel indigène de l’établissement -pour former des bandes armées dont les premiers méfaits portaient sur la -vie des Européens qui les employaient et sur leur propriété. - -Le danger est d’autant plus grand que le personnel indigène des -établissements de commerce est constitué souvent par d’anciens -militaires, qui connaissent bien le maniement des armes perfectionnées. - -Il y a donc lieu de prendre de nouvelles mesures non seulement pour -renforcer les moyens que la loi met à la disposition de l’autorité pour -faire respecter par les gérants d’établissements de commerce les -prohibitions édictées notamment par ma Circulaire No. 30/g du 31 Mai, -1900, mais également pour empêcher que les dépôts d’armes perfectionnées -autorisées par le Gouvernement dans les établissements de commerce ou à -bord des bateaux, et pour la défense de ces établissements ou de ces -bateaux, ne donnent point à des rebelles à la loi la possibilité de -commettre les pires méfaits. - -En ce qui concerne le premier point, mon Arrêté en date de ce jour a -pour but d’assurer l’action répressive contre ceux qui, contrairement -aux règles qui avaient été déterminées, notamment par ma Circulaire 30/g -du 31 Mai, 1900, déplaceraient les armes dont l’introduction et la -détention ont été permises pour la défense des établissements de -commerce ou des bateaux. - -D’après le système qui sera dorénavant suivi, les permis de port d’armes -(B) de la Circulaire du 12 Mars, 1897, seront délivré au nom du -Directeur ou Chef en Afrique de la Société ou de l’entreprise qui a -sollicité l’introduction et la détention de ces armes; le permis devra -stipuler, en vertu de l’Article 1er de l’Arrêté en date de ce jour, à -quel établissement les armes, ainsi que les munitions y afférentes, sont -destinées, et prescrire l’obligation de justifier l’emploi de celles-ci. - -Les anciens permis délivrés en conformité avec la Circulaire du 12 Mars, -1897, seront modifiés endéans le délai de six mois; les Directeurs ou -Chefs des Sociétés ou entreprises seront invités par le Receveur des -Impôts compétent à représenter les permis actuellement existants, et à -former des demandes en conformité avec l’Article 2 de mon Arrêté en date -de ce jour. L’Administration en délivrant de nouveaux permis stipulera -que les armes et les munitions y afférentes ne pourront sortir des -établissements auxquels elles sont destinées. - -La délivrance de permis pour les armes destinées à de nouveaux -établissements se fera dans les mêmes conditions. - -La sanction pénale pourra s’exercer ainsi, en conformité avec l’Article -9 du Décret du 12 Mars, 1892, contre le gérant de l’établissement qui se -servirait des armes et des munitions dans un but autre que celui pour -lequel le permis a été délivré, et le cas échéant, contre le Directeur -de la Société ou entreprise. - -Les permis devront être renouvelés, ou tout au moins modifiés, lorsque -la direction de la Société ou de l’entreprise sera donnée à une autre -personne que celle au nom de laquelle le permis a été délivré. - -Les permis pour capita, permis (C) de la Circulaire du 12 Mars, 1897, -seront également délivrés à titre individuel soit par le Commissaire de -District ou Chef de Zone, soit par un agent désigné par eux. - -La même sanction prévue par l’Article 9 du Décret du 12 Mars, 1892, -atteindra l’individu qui serait porteur d’un fusil à piston sans avoir -de permis régulier délivré en son nom, et, le cas échéant, le Directeur -ou Gérant de la Société, de l’établissement, ou de l’entreprise. - -De plus, sans préjudice aux poursuites répressives éventuelles, les -infractions aux règles prescrites, notamment par mon Arrêté en date de -ce jour, en ce qui concerne les armes pour lesquelles un permis est -délivré, pourront avoir pour suite le retrait du permis, quelles que -soient les conséquences qui en résulteraient pour l’établissement. - -Pour satisfaire à l’autre intérêt que je signale au début de cette -Circulaire, je soumets de plus la délivrance du permis (B) et (C) à -l’engagement pour les chefs d’établissements d’admettre et de respecter -les mesures précautionnelles que le Commissaire de District ou Chef de -Zone croira devoir prescrire pour prévenir tout danger, et qui pourront -être différentes selon les circonstances; ainsi ces fonctionnaires -pourront, et devront dans la majorité des cas, prescrire:-- - -(_a._) Que les armes perfectionnées, et les munitions destinées à -l’établissement ou au bateau (ou même les fusils à piston du moment que -leur nombre est supérieur à cinq), soient remises dans un local spécial, -présentant des garanties suffisantes de solidité pour empêcher -l’effraction, fermé soigneusement, et de telle sorte que l’accès ne -puisse en être possible qu’au blanc qui en détient les clefs; - -(_b._) Que la garde en soit confiée à un homme sûr; - -(_c._) Que l’établissement lui soumette mensuellement la liste du -personnel indigène qu’il emploie en renseignant, pour chacun des membres -de celui-ci, la tribu à laquelle il appartient, ses services antérieurs, -et tous autres renseignements utiles, notamment quant à son esprit, et -sans préjudice aux prescriptions de l’Article 14 du Décret du 8 -Novembre, 1888, de l’Article 11 de l’Arrêté du 1er Janvier, 1890, -celles de l’Article 46 du Décret du 4 Mai, 1895, et celles de l’Arrêté -du 4 Avril, 1899. - -Les Commissaires de District et Chefs de Zone veilleront à la stricte -observation des mesures qu’ils auront édictées à ce sujet; ils -visiteront, soit par eux-mêmes, soit par délégués, le plus souvent -possible, les établissements auxquels des permis (B) et (C) ont été -accordés, s’assureront que les prescriptions légales ou administratives -à ce sujet sont rigoureusement respectés et contrôleront le personnel. - -Dans les cas où des infractions à la loi ou aux mesures précautionnelles -qu’ils auraient édictées seront relevées, ou que d’une façon quelconque -et par suite de circonstances spéciales, le dépôt d’armes perfectionnées -auxquelles s’appliquent les permis collectifs (B) et (C) serait une -cause de danger pour la sécurité générale, ils m’en référeront en me -faisant connaître d’une façon détaillée les infractions ou la situation, -de façon à me mettre à même de juger en connaissance de cause s’il y a -lieu ou non de retirer le permis. - -Ils veilleront, dans tous les cas où il y aura eu révocation ou retrait -du permis, à ce que les armes et munitions qui y sont portées soient -déposées dans un entrepôt public pour telle suite qu’il conviendra. - -Le Gouverneur-Général, -(Signé) WAHIS. - - - - -No. 2. - -_The Marquess of Lansdowne to Sir C. Phipps._ - - -_Foreign Office, April 19, 1904._ - -Sir, - -The “Notes” prepared by the Congo Government, and handed to you on the -13th ultimo as a preliminary reply to Mr. Casement’s report, contain -statements, to the careful consideration of which some time must be -devoted. - -His Majesty’s Government desire, however, to express at once their great -satisfaction at learning that the Congo Government concur in their view -of the general principles which should prevail in dealing with the -native African races, and at the announcement that a searching and -impartial inquiry will be made into the allegations against the -administration of the Free State, and that if real abuses or the -necessity for reform should be thereby disclosed, the central Government -will act as the necessities of the case may demand. - -His Majesty’s Government have every confidence that an investigation of -this character will be followed by the redress of any grievances or -actual wrongs which may be proved to exist, and that if the present -administrative system should be found to provide no adequate security -against the abuse of power by those who are employed by the State, or by -the Companies over which the State has control, the necessary steps will -be taken to remedy these grave defects. His Majesty’s Government have -been actuated in this matter by no other motive than a desire to arrive -at the truth, and to fulfil the obligation which is incumbent upon all -the Powers who were parties to the Berlin Act, “to watch, so far as each -may be able, over the preservation of the native tribes, and to care for -the improvement of the conditions of their moral and material -well-being.” They are, therefore, glad to observe that the notes do not -indorse the regrettable and unfounded insinuation contained in M. de -Cuvelier’s communication of the 17th September, 1903, that the interests -of humanity have been used in this country as a pretext to conceal -designs for the abolition and partition of the Congo State. - -The request made in the notes for the full text of Mr. Casement’s report -raises a question of considerable difficulty. - -Personal names and indications of place and date were suppressed, not -from any want of confidence in the central Government at Brussels, but -from the knowledge that if these particulars were published they would -of course be accessible to the very officials in the Congo to whom -abuses are attributed. The knowledge of these particulars would have -given these persons opportunities for exercising pressure upon those who -gave evidence, or for concealing the evidence of their own malpractices, -so as to render impossible that effective inquiry which it is the object -of the Congo Government to secure. These apprehensions appear, in some -degree at least, to be borne out by the fact, mentioned in the “Notes” -when quoting M. Bosco’s report, that those who gave evidence in the -Epondo Case had taken flight, and that all efforts to find them had been -fruitless. His Majesty’s Government are naturally desirous to further, -so far as lies in their power, the inquiry which they are now assured -will take place. They feel bound, however, to proceed on this point with -the utmost caution, and, before considering whether they can hand over -the complete text of the report, they must ask whether the Congo -Government will accept full responsibility for the manner in which the -information thus furnished is used, and whether they will communicate to -His Majesty’s Government the measures which they are prepared to adopt -and enforce in order to protect the witnesses, both European and native, -from any violence or acts of retaliation on the part of those against -whom they have given evidence. - -With regard to the application, renewed in the “Notes,” for previous -reports from British Consular officers, it is necessary to explain that -these reports, though forwarding testimony upon which reliance could -apparently be placed, were founded on hearsay, and lacked the authority -of personal observation, without which His Majesty’s Government were -unwilling to come to any definite conclusion unfavourable to the -administration of the Congo State. Moreover, some of the reports are of -old date; the Congo State have admittedly been very active in pushing -forward occupation of the country, and it would be unjust to bring -forward statements regarding a condition of affairs which may have -entirely passed away. In the despatch of the 8th August, 1903, His -Majesty’s Government explicitly declared that they were unaware to what -extent the allegations made against the Congo State might be true, and -it was in order to obtain direct and personal information as to the -state of things actually existing that Mr. Casement undertook the -journey of which the results are recorded in his report. - -I request you to read this despatch to M. de Cuvelier, and to hand a -copy of it to his Excellency. Copies will be transmitted to the Powers -with which, as Parties to the Berlin Act, His Majesty’s Government have -been in communication. - - I am, &c. - (Signed) LANSDOWNE. - - - - -No. 3. - -_Acting Consul Nightingale to the Marquess of Lansdowne._--(_Received -May 3._) - - -(Extract.) - -_Boma, April 7, 1904._ - -I have the honour to transmit herewith, for your Lordship’s information, -a copy of the Judgment in Appeal in the cases of M. Caudron and Silvanus -Jones. - -I am informed that the Procureur d’État demanded the severest punishment -for Caudron, accusing him of being the direct cause of the murder in -cold blood of over 122 natives (this is the number verified, but many -more are supposed to have been murdered of which there is no record) -during his expeditions and raids in the Mongalla district for the -obtainment of rubber, in order to reap a handsome commission on his -extortions from the natives. - -The lawyer for the defence sought, on the other hand, to prove by -documents and other evidence that Caudron committed no individual act -save the accidental shooting of the women at Muibembetti; that the whole -of the responsibility of the régime in vogue in Mongalla lay at the door -of the State, who employed the Société Commerciale Anversoise as its tax -collector, the State itself being half shareholder and taking -three-fourths of all the profits of the Company; that the Company -operated on the Domaine Privé of the State, having no lands of its own; -that all the attacks on the natives were ordered by the -Commissaire-Général of the district, who gave written orders to his -deputies, and that Caudron was only requisitioned to accompany those -expeditions as being the only person who knew every nook and corner of -the Mongalla River. - -As your Lordship will observe, Caudron’s sentence was reduced from -twenty years’ penal servitude to fifteen years’, whilst that of Silvanus -Jones, of ten years, was upheld, but with a strong recommendation for a -speedy reduction of the sentence, which was the least the Court could -impose. - -After the Judgment in Appeal, I obtained permission from the -Vice-Governor-General to go and visit Jones in prison, and inclosed I -send a note of my interview with him. - -On speaking to the Director of Justice, after my interview with Jones, I -mentioned the fact that the man had not been defended by counsel, to -which the Director replied that his case ran concurrently with that of -Caudron’s, and that there was no necessity for him to employ counsel. - -As a matter of fact, Jones was not asked whether he wished to employ -counsel to defend him, neither was he (according to his statement) aware -of the nature of the charges made against him. He had money, and would -have engaged some one to defend him had he known what those charges -were. He was, he said, under the impression that he had been brought to -Boma as a witness against Caudron. - -I inclose a further note, given me by the Director of Justice, which -gives the different Decrees dealing with arms and showing the -infractions committed by Jones. - -“Out of evil comes good” is an old saying, and it is my opinion that, if -the Upper Congo were thrown open to free trade and the concessionnaire -Companies done away with, when once confidence were restored amongst the -natives and they were given to understand that they could bring in and -sell their produce to whomsoever they pleased, the Congo State would in -a short while become the biggest export market for rubber in the world. - -The African native is a born trader, and now it is so well known the -value the white men set upon rubber they would naturally commence to -bring it in when once confidence were fully restored. The State would -reap its reward in the trading licences and export duties. And that is -all it is fairly entitled to. - -Before closing I would call your Lordship’s attention to the fact that, -in the “Bulletin Officiel” (No. 12) for last December there is a Decree -published giving powers to the agents of the Katanga Company to collect -the State taxes. This means that the same abuses may go on in the -Katanga country as have hitherto gone on in the Mongalla district, -unless most stringent measures are adopted to prevent them. - - -Inclosure 1 in No. 3. - -_Judgment in Appeal respecting the Cases of M. Caudron and S. Jones._ - - Le Tribunal d’Appel de Boma, siégeant en Matière Pénale, a rendu - l’Arrêt suivant:-- - - -_Audience Publique du 15 Mars, 1904._ - -(No. du role 395.) - -En cause: Ministère Public contre-- - -(1) CAUDRON, PHILLIP CHARLES FRANÇOIS, né à Auderlecht, Belgique, Chef -de Zone commercial de la Melo, au service de la Société Anversoise du -Commerce au Congo; et - -(2) Jones, Silvanus, originaire de Lagos, clerc au service de la même -Société: - -Prévenus--le premier à la fin de l’année 1902, et au commencement de -l’année 1903, alors qu’il était Chef de Zone commercial de la Melo, au -service de la Société Anversoise du Commerce au Congo: - -1. D’avoir fait attaquer pendant la nuit le village de Liboké par les -hommes à fusil de la Société armés d’Albini, provoquant ainsi -directement la mort d’un certain nombre d’indigènes du dit village de -Liboké; - -2. D’avoir circulé avec une troupe composée de soixante soldats de -l’État et de vingt hommes à fusil de la Société Anversoise du Commerce -au Congo, armés d’Albini, et avoir fait attaquer par cette troupe, -divisée en petits détachements, les indigènes des villages Magugu, -Tariba, Mandingia, Muibembetti, et Kakoré, provoquant ainsi directement -la mort d’un grand nombre d’indigènes des dits villages; - -3. D’avoir à Muibembetti volontairement fait des blessures à la femme -Menniegbiré, en lui tirant un coup de fusil de chasse dans les seins; - -4. D’avoir fait détenir arbitrairement à Mimbo, pendant près d’un mois, -une vingtaine de prisonniers fait au cours des expéditions dans les -villages Magugu, Teriba, Mandingia, Muibembetti, et Kakoré; - -5. D’avoir à Mimbo été la cause directe de la mort d’un prisonnier, -ayant antérieurement donné aux sentinelles armées sous ses ordres la -consigne de tuer tout prisonnier qui tenterait de s’enfuir; - -6. D’avoir au poste de Binga-État donné l’ordre aux sentinelles de tuer -un Chef Mogwande, ordre qui a été exécuté par le soldat Kamassi; - -7. D’avoir établi ou laissé établir à Bussa-Baya, et à Dengeseke, des -factoreries de commerce où se trouvaient installés des travailleurs -armés d’Albini et de cartouches faisant partie de l’armement des -factoreries de Mimbo et de Binga, ces armes et munitions ayant été -déplacées sans autorisation, et ayant servi à commettre les infractions -pour lesquelles sont poursuivis Jones, Silvanus, chef de la factorerie -de Bussu-Baya, et Bangi, le domestique du précédent; - -8. D’avoir, au poste de Mimbo, remis à son Capita Kassango, 100 -cartouches d’Albini, appartenant à l’État, et au poste de Binga, en -avoir remis 200 à Houart, chef de cette factorerie; ces faits -constituant une soustraction fraudulente de cartouches au préjudice de -l’État, ou subsidiairement une infraction aux dispositions sur les armes -à feu--infractions prévues par les Articles 1er, 2, 3, 4, 11, 18, 19 -du Code Pénal, 101 _bis_, 101 (4), du Code Pénal, Décret du 27 Mars, -1900; 2 et 9 du Décret du 10 Mars, 1892; et l’Arrêté du 30 Avril, 1901, -sur les armes à feu. - -Le second d’avoir, à la fin de l’année 1902, envoyé des travailleurs de -la Société Anversoise du Commerce au Congo, armés de fusils Albini, dans -les environs de la factorerie de Bussa-Baya, en leur donnant l’ordre de -tuer les indigènes, et avoir ainsi été la cause directe de la mort d’une -femme de Bassango, tuée d’un coup d’Albini par son domestique -Bangi--infractions prévues par les Articles 1er et 9 du Décret du 10 -Mars, 1892, et l’Arrêté du 30 Avril, 1901, sur les armes à feu, et 1 et -2 du Code Pénal; - -Vu la procédure à charge des prénommés; vu le Jugement du Tribunal de -Première Instance du Bas-Congo, en date du 12 Janvier, 1904, condamnant -le premier à une servitude pénale de vingt ans et aux sept huitièmes des -frais du procès; le second à une servitude pénale de dix ans, et à un -huitième des frais du procès; - -Vu les appels interjetés contre le dit Jugement par le Ministère Public -et le prévenu Caudron, suivant déclarations reçues au Greffier du -Tribunal d’Appel le 12 Février, 1904; - -Vu les notifications des dits appels au Ministère Public, et aux -prévenus en date du même jour; - -Vu l’assignation donnée aux prévenus par acte du 22 Février, 1904; - -Ouï le Juge Albert Sweerts en son rapport; - -Vu l’instruction faite devant le Tribunal d’Appel; - -Ouï M. le Procureur d’État en ses réquisitions; - -Ouï les prévenus en leurs dires et moyens de défense présentés pour -Caudron par M. de Nentor, défenseur agréé par le Tribunal; - -Attendu que le Tribunal d’Appel est saisi par l’appel du prévenu -Caudron, et en même temps par l’appel du Ministère Public relatif à ce -dernier et à l’autre prévenu, Jones, Silvanus; - -Que l’appel du prévenu Caudron n’est pas recevable, l’appelant n’ayant -pas consigné préalablement les frais conformément à l’Article 78 du -Décret du 27 Avril, 1889; - -Que, cependant, l’appel du Ministère Public remet tout on question même -dans l’intérêt des intimés; - -En ce qui concerne le prévenu Caudron: - - Sur les première et deuxième préventions:-- - -Attendu qu’il est établi par les dépositions des témoins et par les -pièces versées au dossier - -1. Que, dans la nuit du 15 au 16 Octobre, 1902, au poste d’Akula dans la -région de la Melo, le prévenu Caudron, Chef de Zone de la Société -Anversoise du Commerce au Congo dans cette région, pour punir les -indigènes du village de Liboké de ne pas avoir fourni les corvées qu’il -exigeait d’eux, a donné ordre à cinq de ses travailleurs, armés -d’Albini, de se rendre au dit village et de tirer sur les indigènes, -ordre que les travailleurs ont exécuté, en tuant le Chef et plusieurs -indigènes de ce village; - -2. Que, dans le courant des mois de Janvier, Février, et Mars 1903, dans -le but de forcer les indigènes de la région des Banga à augmenter la -récolte du caoutchouc, il a fait une expédition dans la dite région avec -vingt de ses travailleurs, armés d’Albinis, et accompagné d’un -sous-officier et de cinquante soldats de l’État; que, au cours de cette -expédition, il a envoyé les travailleurs armés d’Albini, et les soldats -divisés en petits détachements, dans les localités de Mogugu, Teriba, -Bongu, Muibembetti, et Kakoré, avec ordre de tirer sur les indigènes -qu’ils auraient rencontrés, ordre que les travailleurs et les soldats -ont exécuté, causant ainsi la mort d’un grand nombre d’indigènes; - -Que le prévenu reconnaît ces faits dans leur ensemble, mais qu’il -allègue pour sa défense d’avoir agi d’accord avec l’autorisation, et -même par ordre de l’autorité, représentée lors du fait de Liboké par M. -Nagant, et lors de l’expédition chez les Banga par M. Jamart--tous les -deux Chefs du Poste de Police de Binga; - -Attendu, en ce qui concerne le fait de Liboké, que tous les témoins -interrogés à ce sujet à l’audience de Première Instance et d’Appel ont -nié de la manière la plus formelle que M. Nagant aurait été à Akula lors -de l’attaque du dit village, et qu’il ait pu par conséquent ratifier par -sa présence l’ordre donné par le prévenu Caudron, ainsi que celui-ci le -soutient; - -Que, cependant, existent au dossier les copies certifiées conformes de -deux lettres qui auraient été adressées par M. Collet, gérant du poste -d’Akula, à M. Nagant, la première en date du 12 Octobre, 1902, demandant -son intervention contre le village de Liboké, et la deuxième en date du -16 Octobre, c’est-à-dire, au lendemain de l’attaque, le remerciant de -son intervention et l’informant que les indigènes s’étaient présentés le -matin au poste et s’étaient engagés à fournir régulièrement les -impositions; que l’accusation conteste l’authenticité de ces lettres, et -soutient qu’elles ont été forgées après pour les besoins de la cause; - -Que, cependant, le fait qu’elles ont été versées au dossier par le -Magistrat-Instructeur, qu’elles ont été trouvées dans les bureaux du -poste de police, et le fait qu’elles ont été confirmées par M. Collet à -l’instruction préparatoire ne permettent pas de les considérer comme -fausses et de les écarter; - -Que puisqu’un doute subsiste il faut admettre la version la plus -favorable au prévenu, c’est-à-dire, que le Chef du Poste de Police -Nagant se trouvait à Akula lors de l’attaque de Liboké, et qu’il a connu -et autorisé cette attaque; - -Que, par conséquent, tout supplément d’instruction relativement aux -dites circonstances serait, dans l’intérêt de la défense, absolument -inutile; - -Attendu, en ce qui concerne l’expédition chez les Banga, que la présence -dans cette expédition du Chef du Poste de Police Jamart avec cinquante -soldats de l’État n’est pas contestée, et qu’il est aussi prouvé que le -prévenu a agi dans cette occasion toujours de parfait accord avec lui; -qu’il reste donc à examiner si la présence et l’autorisation de ces -représentants de l’autorité pourraient justifier le fait du prévenu; - -Attendu que c’est un principe de droit consacré même expressément dans -les Codes dont notre législation s’est inspirée que, pour qu’il n’y ait -pas d’infraction, il ne suffit pas que le fait ait été commandé par -l’autorité, mais qu’il faut en même temps qu’il soit ordonné par la loi; -qu’il est hors de doute qu’il s’agit dans l’espèce uniquement de délits -de droit commun, c’est-à-dire, d’homicides commis pour un intérêt privé -dans le but de forcer les indigènes à fournir leur travail ou leur -produits; - -Que, quoiqu’on ait parlé parfois vaguement de rétablissement de l’ordre, -il résulte bien formellement des déclarations de tous les témoins et -même des rapports adressés par le prévenu au Directeur de la Société, et -de ses lettres aux gérants de sa zone, qu’il ne visait dans les actes -d’hostilité posés contre ces indigènes que l’intérêt de son commerce, et -notamment l’augmentation de la récolte du caoutchouc; - -Que si un doute pouvait être soulevé en ce qui concerne l’expédition -précédemment faite chez les Gwakas, aucun doute ne peut exister à cet -égard pour les faits objet de la prévention; - -Que, en tout cas, il est bien établi qu’au moment où ces faits se sont -passés, l’ordre n’avait été nullement troublé ni à Liboké ni chez les -Banga; qu’il ne résulte pas que les victimes de ces faits aient commis -d’autre faute que de ne pas avoir fourni à la Société la quantité de -travail qu’elle exigeait; - -Attendu, d’autre part, que le seul fait de ne pas avoir payé les impôts, -même s’ils étaient légalement dus (ce qui n’était pas dans l’espèce, -puis qu’aucune loi ne les avait encore autorisés), ne pourrait jamais -justifier des répressions sanglantes; - -Qu’on pourrait encore moins parler dans l’espèce de faits de guerre, car -ce n’est certainement pas faire la guerre que d’attaquer des populations -tranquilles et de tirer des coups de feu sur des individus isolés et -inoffensifs; - -Qu’il est prouvé par les dépositions des témoins, et par les -déclarations du prévenu lui-même, que jamais au cours de ces faits les -indigènes n’ont attaqué ou posé un acte d’hostilité quelconque; - -Que ni parmi les soldats, ni parmi les hommes de la Société, il y a eu -un seul tué ou un seul blessé; - -Qu’il serait donc absurde de parler de guerre; que tuer dans ces -conditions ne peut que constituer un crime qu’aucune loi, aucune -nécessité n’autorise, et qui tombe sous l’application de la Loi Pénale, -qu’il soit commis par un particulier ou par un agent de l’autorité; - -Attendu, d’autre part, que le prévenu ne peut non plus invoquer en sa -faveur l’excuse de l’obéissance hiérarchique, car cette excuse n’existe -que pour les agents de l’autorité qui exécutent l’ordre d’un supérieur -hiérarchique et dans les limites du ressort de celui-ci; - -Que le prévenu n’était pas agent de l’autorité; qu’il ne devait -obéissance hiérarchique à personne; qu’il ne rentrait aucunement dans -ses attributions d’agent de Société de coopérer à des actes de -répression; qu’il avait donc tout le droit de refuser d’exécuter les -ordres qu’on pouvait lui donner à ce sujet, et que s’il les exécutait, -c’était à ses risques et périls; - -Qu’il est du reste de principe que même l’obéissance hiérarchique ne -constitue plus une excuse lorsque l’illégalité de l’ordre est évidente; - -Attendu, d’ailleurs, qu’il est tout à fait contraire à la vérité que le -prévenu n’aurait fait, ainsi qu’il l’affirme, qu’exécuter les ordres des -Chefs du Poste de Police; - -Que la vérité, au contraire, est que ces derniers étaient en fait sous -ses ordres; - -Qu’un simple sous-officier comme Nagant, un simple adjoint militaire -(caporal) comme Jamart, ne pouvait certainement avoir aucune autorité -sur le prévenu qui occupait la haute position de Chef de Zone de la -Société Anversoise du Commerce au Congo, et qui avait sous ses ordres un -nombreux personnel blanc et noir; - -Que tous les témoins ont été d’accord pour déclarer que dans toutes les -expéditions qu’il a faites avec les Chefs du Poste de Police, c’était -lui qui commandait, qui donnait des ordres, et qui punissait, non -seulement ses hommes, mais même les soldats de l’État; que notamment, -en ce qui concerne l’expédition contre les Banga, il est bien évident -que le Caporal Jamart, tout jeune homme, à peine arrivé en Afrique, ne -connaissant ni la langue, ni le pays, et pour surplus malade au point de -devoir se faire presque toujours porter et rester en arrière même de -plusieurs jours, n’était qu’un simple comparse dont le prévenu se -servait dans la croyance de pouvoir, par sa présence, couvrir les -illégalités qu’il commettait, et enchaîner à la sienne la responsabilité -de l’État; - -Que c’est en vain donc que le prévenu invoque sa bonne foi pour avoir -agi d’accord avec les représentants de l’autorité; - -Qu’il savait bien qu’on ne pouvait pas tuer et d’autant moins dans un -intérêt commercial; - -Il savait que les lois de l’État ne le tolère pas; - -Il savait aussi que plusieurs de ses prédécesseurs et de ses collègues -dans la même région, et dans la même Société, avaient été très -sévèrement condamnés par les Tribunaux pour des faits semblables; - -Il a cru être plus adroit que les autres en tachant de couvrir sa -responsabilité en se servant des agents de l’État; - -Mais si cette précaution se montre à la preuve impuissante, s’il -s’aperçoit trop tard que la responsabilité pénale ne peut pas s’éluder -si facilement, il n’a pas le droit de se dire la victime d’une erreur; - -Que s’il s’est trompé, c’est non pas sur la moralité des actes qu’il -posait, mais sur la valeur de la ruse qu’il a employée pour les couvrir; - -Attendu, cependant, que le prévenu insiste sur la demande qu’il avait -déjà présentée en Première Instance; que le Tribunal ordonne un -supplément d’instruction pour faire verser au dossier les rapports -politiques envoyés par les autorités supérieures administratives de la -région au Gouvernement local, d’où il résulterait que les dites -autorités avaient connu et approuvé les faits qui lui sont reprochés, et -même d’autres expéditions antérieures et postérieures qu’il aurait -faites avec les troupes de l’État, que le Gouvernement local, interpellé -par le Magistrat-Instructeur, a déclaré qu’en principe il ne croyait pas -pouvoir donner communication de ces pièces, que, du reste, elles ne -renfermaient rien pouvant se référer aux faits indiqués par le prévenu; - -Que la défense conteste ces déclarations en droit et en fait; - -Attendu qu’en principe on ne pourrait certainement pas contester le -droit de l’autorité judiciaire de demander et même de rechercher en tout -lieu public ou privé toute pièce pouvant servir à conviction ou à -décharge; - -Que ce droit, qui est donné à l’autorité par la loi, ne pourrait être -limitée que par la loi elle-même; que ni la législation Congolaise, ni -la législation dont elle s’est inspirée ne fixent aucune limitation en -faveur des Administrations publiques; - -Que si on reconnaît une exception en faveur des agents diplomatiques, -c’est à cause de la fiction d’exterritorialité de leur résidence; qu’il -n’existe pas de lieu d’asile; - -Attendu, toutefois, qu’il est du devoir de l’autorité judiciaire de -procéder en cette matière avec la plus grande réserve et dans le seul -cas où les pièces requises pourraient être d’une utilité évidente pour -l’accusation ou la défense; - -Que dans l’espèce la défense croit pouvoir déduire de ces pièces -l’approbation et en tous cas la tolérance de l’autorité relativement à -ces agissements; - -Qu’ainsi qu’on l’a ci-dessus exposé même l’ordre formel et à plus forte -raison la tolérance des autorités ne pourrait justifier des faits -contraires à la loi; que ce principe a été déjà depuis longtemps et à -plusieurs reprises affirmé par les Tribunaux de l’État; - -Que par conséquent dans aucun cas le prévenu ne pourrait trouver dans -les pièces dont il demande la production la justification des faits mis -à sa charge; - -Que, tout au plus, il pourrait invoquer la tolérance des autorités comme -circonstance atténuante; - -Qu’à cet égard, il y a lieu d’observer que la preuve d’une certaine -tolérance de la part des autorités résulte des pièces même du dossier et -des dépositions des témoins; - -Qu’en effet, la présence et la coopération des Chefs du Poste de Police -de Binga lors des affaires de Qiboko et de l’expédition chez les Banga -ont été admises par le Tribunal; qu’il résulte aussi des dépositions des -témoins que précédemment et postérieurement le prévenu avait fait -d’autres expéditions de répression contre les indigènes accompagné -d’agents et de soldats de l’État; - -Que cela suffit pour faire tout au moins supposer la tolérance des -autorités supérieures de la région, et pour faire admettre cette -tolérance comme circonstance atténuante en faveur du prévenu; - -Que par conséquent tout supplément d’instruction à ce sujet, s’il -pourrait servir à prouver la responsabilité d’autres personnes, ne -pourrait avoir aucune utilité pour le prévenu; - - Sur la troisième prévention: - -Attendu qu’il est prouvé par les dépositions des témoins et qu’il est -reconnu par les prévenus qu’à Muibembetti au cours d’une expédition -contre les Banga s’étant mis en colère pour un retard des porteurs, il a -déchargé sur eux son fusil de chasse chargé à petit plomb; qu’un des -deux coups a blessé une femme indigène au dos; que la blessure a été -légère et n’a entraîné aucune incapacité de travail; - - Sur la quatrième prévention: - -Attendu que le prévenu reconnaît avoir fait détenir à la factorerie de -Mimbo une vingtaine d’indigènes faits prisonniers au cours de -l’expédition contre les Banga et que leur détention n’avait d’autre but -que de forcer leurs villages à la récolte de caoutchouc; qu’il allègue -pour sa défense que ces gens avaient été arrêtés avec l’autorisation et -le concours du Chef du Poste de Police Judiciaire Jamart; qu’ils -attendaient à Mimbo les instructions du Commandant des troupes de -police; qu’il soutient que ce fait était parfaitement légal, puisque le -Gouvernement avait, depuis le mois d’Avril 1901, autorisé la Société -Anversoise du Commerce au Congo à exiger le caoutchouc à titre d’impôt -de la population indigène, et avait édicté en cas de refus la peine de -la contrainte par corps; - -Attendu qu’en effet le Ministère Public a déclaré à l’audience de -Première Instance avoir été autorisé à déclarer qu’il existe une lettre -du Gouverneur-Général au Commissaire de District de Nouvelle-Anvers, -donnant le droit à la Société Anversoise du Commerce au Congo d’exiger -le caoutchouc à titre d’impôt; que cette lettre ajoute que le commandant -du corps de police pourra, en cas de refus, exercer la contrainte par -corps; qu’il pourra déléguer ce droit même à un agent de la Société -Anversoise du Commerce au Congo, mais qu’il appartiendra toujours à lui -de décider s’il faut ou non maintenir la détention; - -Attendu qu’il est trop évident qu’on ne pouvait pas, par simple lettre, -établir des impôts, et édicter la contrainte par corps en cas de -non-paiement; - -Que le droit d’établir des impôts sur les populations et fixer des -peines, ne peut appartenir qu’au Roi-souverain, ou à l’autorité par lui -légalement déléguée à cet effet; - -Que le pouvoir judiciaire manquerait à son devoir et à sa mission s’il -reconnaissait à d’autre autorité les pouvoirs qui sont réservés à -l’autorité souveraine; - -Qu’il aurait fallu donc une loi dûment édictée et publiée; - -Qu’une pareille loi n’a paru que tout dernièrement très longtemps après -les faits objet de la prévention, et qu’elle exige d’ailleurs pour -l’application de la contrainte par corps des conditions qui n’existent -pas dans l’espèce; - -Que par conséquent la lettre du Gouverneur-Général, ne pouvant pas -déroger à la loi pénale, ne pourrait pas justifier l’atteinte portée à -la liberté individuelle; - -Qu’on conçoit bien que le prévenu ait pu se tromper sur ce point, mais -que la bonne foi, pour erreur de droit, ne peut pas être admise; qu’il -est juste toutefois d’en tenir compte pour appliquer sur ce chef au -prévenu des circonstances atténuantes dans la mesure la plus large -possible; - - Sur la cinquième prévention: - -Attendu qu’il est établi et reconnu par les prévenus qu’un des -prisonniers détenus à Mimbo, ayant tenté de s’évader pendant la nuit, -fût tué d’un coup d’Albini par la sentinelle de garde; - -Que le prévenu soutient être absolument étranger à ce fait; - -Attendu que, quoiqu’il soit établi par les dépositions des témoins que -le prévenu avait toujours donné à ses hommes la consigne de tirer sur -les prisonniers qui tentaient de s’évader, il n’est pas prouvé, -cependant, que la sentinelle qui a tiré était un des hommes placés -directement sous ses ordres: - -Qu’il paraît, au contraire, résulter des débats que c’était un -travailleur du poste de Mimbo et qu’il avait été placé de sentinelle par -le gérant de cette factorerie; - -Que ce meurtre, par conséquent, ne pourrait pas être imputé au prévenu; - - Sur la sixième prévention: - -Attendu que le prévenu reconnaît qu’au retour de son expédition chez les -Banga un Chef indigène a été tué dans la prison du poste de police de -Banga par les soldats de ce poste; - -Qu’il reconnaît qu’à deux reprises les soldats, alors qu’il se trouvait -avec Jamart, étaient venus demander des instructions relativement à ce -prisonnier, qui causait du désordre; qu’il reconnaît aussi qu’il se -trouvait présent dans la prison lorsque le prisonnier a été tué; qu’il -affirme cependant que ni lui, ni Jamart, n’avait donné aucun ordre aux -soldats, et qu’il s’était rendu à la prison uniquement pour induire le -prisonnier à rester tranquille; - -Attendu que tous les témoins entendus sur ce fait à l’instruction -préparatoire, et à l’audience, ont, de la manière la plus précise et -concordante dans les moindres détails, affirmé que le prévenu a donné -deux fois l’ordre de tuer: une première fois au Sergent Tangua, qui -était allé demander des instructions, et une deuxième fois au même -sergent, et au soldat Rixassi, lorsqu’ils étaient revenus pour se faire -confirmer l’ordre, et que c’est le prévenu même, qui, dans la prison, -après que le sergent eut tiré sur le prisonnier, en lui manquant, a -passé le fusil au soldat Rixassi, qui l’a tué; - -Que ce dernier détail a été donné aussi par le témoin Houart, détenu à -la prison de Boma alors que les autres témoins se trouvaient encore dans -la haute rivière; qu’il est impossible donc qu’il ait été inventé; - -Que ces deux circonstances, absolument établies même par des dépositions -autres que celles des témoins noirs, que le prévenu se trouvait dans la -prison, et qu’il a passé le fusil à l’homme qui a tiré, confirment de la -manière la plus certaine que c’est bien lui qui a donné l’ordre de tuer, -ordre que les soldats, qui revenaient de l’expédition, où ils avaient -considéré toujours le prévenu comme Commandant, ne pouvaient pas hésiter -à exécuter; - -Qu’il est du reste très évident qu’ils n’auraient certainement pas tué -sans ordre, même en la présence du prévenu; - - Sur la septième prévention: - -Attendu que les faits indiqués à l’assignation sont établis et reconnus -par le prévenu qu’ils constituent des contraventions aux dispositions -sur les armes à feu; - - Sur la huitième prévention: - -Attendu qu’ainsi que l’a déclaré le premier Juge, il ne s’agit dans -l’espèce que d’un simple échange de la munition entre les troupes de -l’État et les hommes armés de la Compagnie; qu’un simple échange ne peut -constituer ni une soustraction fraudulente, ni (lorsqu’il s’agit de -cartouches, et non pas de l’arme elle-même) une contravention aux -dispositions sur les armes à feu; - -Attendu que, pour les motifs repris ci-dessus, le prévenu doit être -déclaré coupable de meurtres avec préméditation, comme auteur moral, -pour abus d’autorité, des faits mis à sa charge par les première, -deuxième, et sixième préventions; de coups et blessures pour la -troisième prévention; de détention arbitraire pour la quatrième; de -contravention aux dispositions sur les armes à feu pour la septième -prévention; et qu’il doit être renvoyé des fins de la poursuite pour le -surplus de la prévention; - -Attendu qu’il y a lieu d’accorder au prévenu des circonstances -atténuantes, non seulement à raison des considérations exposées aux -numéros un, deux, et quatre de la prévention, mais à raison aussi de ses -bons antécédents pendant son long séjour en Afrique, et des graves -difficultés dans lesquelles il a dû se trouver devant accomplir sa -mission au milieu d’une population absolument réfractaire à toute idée -de travail, et qui ne respecte d’autre loi que la force, ne connaît -d’autre persuasion que la terreur; - -Qu’il faut reconnaître qu’il doit être bien difficile de se tenir dans -la légalité dans un pays encore absolument barbare et sauvage, et -notamment lorsque les lois à suivre dans ce pays sont les mêmes qui -régissent les peuples les plus civilisés; - -Qu’il est en fin équitable de tenir compte que, quoique les faits soient -en eux-mêmes très graves, ils perdent cependant une partie de leur -gravité lorsqu’ils sont mis en rapport avec le milieu, où, d’après la -coutume séculaire, la vie humaine n’a pas de valeur, et où le pillage, -le meurtre, et le cannabalisme ont constitué jusqu’à hier la vie -habituelle; - - En ce qui concerne le prévenu Jones, Silvanus: - -Attendu qu’il est demeuré établi par les dépositions concordantes des -témoins et par les contradictions même du prévenu, que dans le courant -du mois d’Octobre 1902, alors qu’il était Chef du Poste de la Société -Anversoise de Commerce au Congo à Bussa-Baya, il a ordonné aux hommes -placés sous ses ordres de se rendre dans les environs de la factorerie -et de tuer les indigènes qu’ils avaient rencontrés, pour les punir de ne -pas avoir fourni une quantité suffisante de caoutchouc, ordre que son -domestique Bongi a exécuté en tuant une femme; - -Attendu que le prévenu soutient subsidiairement qu’en tout cas il aurait -agi, ainsi qu’en d’autres circonstances, d’après les ordres de ses -supérieurs, et notamment du Chef de Zone M. Caudron; - -Attendu que, quoique ces ordres ne soient pas bien établis, les procédés -employés par le Chef de Zone Caudron pour obtenir du caoutchouc des -indigènes, et le fait que le prévenu avait été placé à Bussa-Baya -clandestinement, et qu’on avait armé ce poste de huit fusils Albini sans -permission, permet tout ou moins de supposer, dans l’intérêt du prévenu, -que réellement il n’a fait que suivre les instructions de ses Chefs; - -Que cependant, pour les raisons déjà exposées, ces ordres ne pourraient -en aucun cas justifier ou excuser le prévenu; - -Qu’on ne pourrait pas même le considérer comme un instrument passif et -inconscient entre les mains de ses Chefs, puisque, quoique noir, il a -une certaine culture d’esprit et appartient à un pays déjà en partie -civilisé; - -Qu’il devait bien savoir que tuer est un crime; - -Qu’il a agit d’ailleurs aussi, dans son intérêt particulier, puisqu’il -était payé en proportion du caoutchouc qu’il percevait; - -Que cependant il est juste de lui faire application des circonstances -atténuantes dans la mesure la plus large possible, en tenant compte du -milieu où il se trouvait et des exemples qu’il recevait de ces Chefs; -qu’il faut reconnaître que bien difficilement un noir aurait pu se -soustraire à l’influence des exemples; - -Que le Tribunal d’Appel, par conséquent, exprime le vœu que la -libération conditionnelle vienne, aussitôt qu’il sera possible, tempérer -pour ce prévenu la rigueur de la peine que, par application de la loi, -il est forcé de confirmer; - -Par ces motifs et ceux non contraires du premier juge; - - Le Tribunal d’Appel: - -Vu les Articles 78 du Décret du 27 Avril, 1889; 3, 4, 11, 98, 101 _bis_, -et 101 (4) du Code Pénal, 2 et 9 du Décret du 10 Mars, 1892, et l’Arrêté -du 30 Avril, 1901, déclare l’appel du prévenu Caudron non recevable; - -Et statuant sur l’appel du Ministère Public; - -Émendant le Jugement dont appel relativement au prévenu Caudron, en ce -qui concerne la peine prononcée, le condamne, du chef de meurtres avec -préméditation; de coups et blessures, de détentions arbitraires, et de -contraventions aux dispositions sur les armes à feu, avec circonstances -atténuantes, à cinq ans de servitude pénale; - -Confirme pour le surplus le Jugement dont appel même en ce qui concerne -l’autre prévenu, Jones, Silvanus; - -Dit que les frais d’appel resteront à charge de l’État. - -Ainsi jugé et prononcé en audience publique, où siégeaient--M. Giacomo -Nisco, Président; MM. Albert Sweerts et Michel Cuciniello, Juges; M. -Fernand Waleffe, Ministre Public; M. Paul Hodüm, Greffier. - -Le Président, -(Signé) G. NISCO. - - Les Juges, - (Signé) SWEERTS. - M. CUCINIELLO. - - Le Greffier, - P. HODÜM. - - -(Translation.) - -_Judgment in Appeal respecting the Cases of M. Caudron and S. Jones._ - - The Court of Appeal at Boma, sitting for the consideration of - Criminal Cases, has pronounced the following Judgment:-- - - -_Public Hearing of March 15, 1904._ - -(No. on the list 395.) - -The Public Prosecutor _versus_-- - -(1.) CAUDRON, PHILLIP CHARLES FRANÇOIS, born at Anderlecht, Belgium, -Superintendent of the Melo Commercial Zone, in the service of the -Société Anversoise du Commerce au Congo; and - -(2.) Jones, Silvanus, a native of Lagos, clerk in the service of the -said Company: - -The charges against the first-named were that, at the end of 1902, and -at the beginning of 1903, when he was Superintendent of the Melo -Commercial Zone, in the service of the Société Anversoise du Commerce au -Congo: - -1. He caused the village of Liboké to be attacked at night by the -servants of the Society, armed with Albini rifles, thus directly -bringing about the death of a certain number of natives of the said -village of Liboké; - -2. That he went about the country with a force composed of sixty State -soldiers and of twenty servants of the Société Anversoise du Commerce au -Congo, armed with Albinis, and caused the natives of the villages of -Magugu, Teriba, Mandingia, Muibembetti and Kakoré to be attacked by this -force, divided into small detachments, thus directly bringing about the -death of a great number of natives of the said villages; - -3. That he, at Muibembetti, deliberately wounded the woman Menniegbiré -by discharging a shot-gun into her breast; - -4. That he arbitrarily detained at Mimbo for nearly a month about twenty -prisoners taken during his expeditions in the villages of Magugu, -Teriba, Mandingia, Muibembetti, and Kakoré; - -5. That at Mimbo he directly caused the death of a prisoner, having -previously given instructions to the armed sentries under his orders to -kill any prisoner who might attempt to escape; - -6. That at the station of Binga-État, he gave an order to the sentries -to kill a Mogwande Chief, an order which was executed by the soldier -Kamassi; - -7. That he established, or allowed to be established, at Bussu-Baya, and -at Dengeseke, commercial factories where workmen were installed, armed -with Albinis and cartridges, forming part of the armament of the -factories of Mimbo and Binga, these arms and ammunition having been -moved without authority, and having been used in committing the breaches -of law, for which Silvanus Jones, chief of the factory of Bussu-Baya, -and Bangi, his servant, are being prosecuted; - -8. That, at the post of Mimbo, he handed over to his Headman (“Capita”) -Kassango 100 Albini cartridges belonging to the State, and, at the post -of Binga, handed over 200 cartridges to Houart, head of that factory; -which proceedings constituted a fraudulent abstraction of cartridges, -the property of the State; and, in the second place, a breach of the -Regulations in regard to fire-arms, offences covered by Articles 1, 2, -3, 4, 11, 18, 19 of the Penal Code, 101 _bis_, 101 (4) of the Penal -Code, Decree of 27th March, 1900; 2 and 9 of the Decree of 10th March, -1892, and the Order of 30th August, 1901, respecting fire-arms. - -The charges against the second were that, at the end of 1902, he sent -workmen of the Société Anversoise du Commerce au Congo, armed with -Albinis, into the neighbourhood of the factory of Bussu-Baya, with -instructions to kill the natives, and thus directly caused the death of -a woman of Bassango, who was killed by a rifle-shot by his servant -Bangi--offences covered by Articles 1 and 9 of the Decree of 10th March, -1892, and by the Order of 30th April, 1901, respecting fire-arms, and 1 -and 2 of the Penal Code; - -In view of the terms of the indictment against the above-named persons, -and the verdict of the Court of First Instance of the Lower Congo, dated -the 12th January, 1904, condemning the first-named to twenty years’ -penal servitude and to seven-eighths of the costs of the action, and the -second to ten years’ penal servitude and to one-eighth of the costs of -the action; - -Whereas appeals against the said verdict were made by the Public -Prosecutor and by the accused Caudron, according to declarations -received at the office of the Registrar of Court of Appeal on the 12th -February, 1904; - -Whereas the said appeals were notified to the Public Prosecutor and to -the accused on the same day; - -Whereas a summons was served on the accused on the 22nd February, 1904; - -Whereas Judge Albert Sweerts has reported on the case; - -Whereas the case has been heard before the Court of Appeal; - -Whereas the Procureur d’État has addressed the Court for the -prosecution; - -Whereas the statements and defence of the accused have been heard, being -presented on behalf of Caudron by M. de Neutor, the defending Counsel -accepted by the Court; - -Whereas the Court of Appeal has received the appeal of the accused -Caudron, and the appeal of the Public Prosecutor relating to the latter, -and to the other accused, Silvanus Jones; - -Whereas the appeal of the accused Caudron is inadmissible, the appellant -not having deposited the costs in advance, in conformity with Article 78 -of the Decree of the 27th April, 1889; - -Whereas, nevertheless, the appeal of the Public Prosecutor reopens the -whole case even in the interest of those served with the notice of -appeal. - -With regard to the accused Caudron; - - On the first and second counts: - -Whereas it is proved by the evidence of the witnesses and by the -documents included in the “dossier”: (1) that, on the night of the 15th -to 16th October, 1902, at the station of Akula in the district of the -Melo, the accused Caudron, District Superintendent of the Société -Anversoise du Commerce au Congo, with a view to punish the inhabitants -of the village of Liboké for not furnishing the forced labour required -of them, gave orders to five of his workmen, armed with Albinis, to go -to the said village and fire on the inhabitants, orders which the -workmen executed, killing the Chief and several inhabitants of the -village; - -(2) That in the course of the months of January, February, and March -1903, in order to force the natives of the region of the Banga to -furnish a greater supply of rubber, he conducted an expedition into the -said region with twenty of his workmen, armed with Albinis, and -accompanied by a non-commissioned officer and fifty soldiers of the -State; that in the course of this expedition he dispatched the workmen, -armed with Albinis, and the soldiers, in small detachments, into the -localities of Magugu, Teriba, Bongu, Muibembetti and Kakoré, with -instructions to fire upon any natives they might meet--instructions -which the workmen and soldiers carried out, thereby causing the death of -a large number of natives; - -Whereas the accused acknowledges the general truth of these facts, but -pleads in extenuation that he acted in accordance with the -authorization, and even by the order, of the authorities, represented, -in the case of the Liboké incident, by M. Nagant, and, in the case of -the expedition against the Banga, by M. Jamart, both Heads of the -police-station at Binga; - -Whereas, in the case of the Liboké incident, all the witnesses -questioned on this point before the Court of First Instance and before -the Court of Appeal denied categorically that M. Nagant was at Akula -when the attack against that village took place, and that consequently -he could not have authorized by his presence the order given by the -accused Caudron, as the latter maintains; - -Whereas the “dossier” contains, however, certified copies of two letters -addressed by M. Collet, Manager of the station of Akula, to M. Nagant, -the first dated the 12th October, 1902, asking him to take action -against the village of Liboké, and the second dated the 16th -October--that is, the day after the attack--thanking him for his action, -and informing him that the natives had come in in the morning to the -station and had undertaken to accomplish their allotted tasks with -regularity; and the authenticity of these letters is denied by the -prosecution, who maintain that they were forged subsequently in the -interest of the accused; - -Whereas, however, the three facts: that they have been included in the -“dossier” by the Magistrate in charge of the case; that they were found -in the office of the police-station, and that they were admitted by M. -Collet in the course of the preliminary inquiry, do not allow of their -being considered as forgeries and consequently rejected; - -Whereas, since a doubt exists, the version most favourable to the -accused must be accepted--that is to say, that the Chief of the police -station, Nagant, was at Akula when the attack on the village of Liboké -took place, and that he was aware of, and authorized that attack; - -Whereas, consequently, any supplementary examination relative to the -said circumstances would be absolutely useless in the interest of the -defence; - -Whereas, in the case of the expedition against the Banga, the presence -in that expedition of the Chief of Police, Jamart, with fifty soldiers -of the State is not denied, and it is, moreover, proved that the accused -acted throughout on that occasion in perfect accord with the former; -whereas it remains, therefore, to be determined whether the presence and -the authorization of these representatives of authority may be taken as -justifying the action of the accused; - -Whereas it is a principle, expressly recognized by the codes on which -our legislation is based, that, in order to exclude the idea of an -offence, it is not enough that the action may have been ordered by the -Executive authorities, but it is necessary also that it should be -prescribed by the law; - -Whereas there is no doubt in the present instance that it is a case of -offences against common law, that is to say, of manslaughter committed -for a private purpose with the object of forcing the natives to supply -labour or produce; - -Whereas although the restoring of order has been occasionally vaguely -mentioned it is clearly shown by the evidence of all the witnesses, and -even by the reports addressed by the accused to the Director of the -Company, and by his letters to the officers of the district, that, in -committing these acts of hostility against the natives, he only had in -view the interest of his Company’s trade, and more especially the -increase in the amount of rubber collected; - -Whereas, even if there could be any doubt as to the nature of the -previous expedition against the Gwakas, no doubt can exist in this -respect in connection with the facts which are the subject of the -prosecution; - -Whereas, in any case, it is a well-established fact that at the time -these acts took place order had in no way been disturbed, either at -Liboké or among the Banga; that it does not appear that the victims of -these actions had committed any other fault than that of failing to -furnish the Company with the amount of labour required by it; - -On the other hand, seeing that the sole fact of not having paid the -taxes, even if they had been legally due (which they were not in this -case, because no law had yet authorized their collection), could not -justify such sanguinary measures; - -In the present instance it is still less possible to speak of war-like -acts, because to attack peaceable people and to fire upon single and -inoffensive individuals is certainly not making war; - -Whereas it is proved by the evidence of the witnesses, and by the -statements of the accused himself, that on no occasion during these -events did the natives attack or commit any sort of hostile act; - -Whereas there was not one killed or wounded among the soldiers or among -the Company employés; - -Whereas, therefore, it would be absurd to call it war; and killing under -such circumstances constitutes a crime which no law or necessity -authorizes, and which is punishable by the Penal Code, whether it be -committed by a private person or by a representative of authority; - -Whereas, on the other hand, the accused cannot plead in extenuation the -principle of official subordination, in view of the fact that such a -plea is only valid in the case of representatives of authority who carry -out the orders of an official superior, and then only so far as the -authority of that superior extends; - -Whereas the accused was not a representative of authority and he did not -owe official obedience to any one; it was in no way part of his duty as -an agent of a Company to co-operate in measures of repression; he was, -therefore, fully entitled to refuse to execute the orders which might be -given him to this effect, and, if he executed them, it was at his own -risk; - -Whereas, moreover, it is a principle of law that even obedience to one’s -official superior does not constitute a valid plea, when the illegality -of the order is obvious; - -Further, whereas there is no truth in the statement that the accused, as -he affirms, only obeyed the orders of the Chiefs of the police station; - -Whereas the truth, on the contrary, is that the latter were, in point of -fact, under his orders; - -Whereas a mere non-commissioned officer like Nagant; a mere military -assistant (corporal) like Jamart, could not have any authority over the -accused, who occupied the high position of a District Superintendent of -the Société Anversoise du Commerce au Congo, and had under his orders a -large staff of white men and natives; - -Whereas all the witnesses were unanimous in stating that in all the -expeditions which he made with the Chiefs of the police station, it was -he who commanded, gave orders to, and punished, not only his own men, -but even the soldiers of the State; whereas, especially in the case of -the expedition against the Banga, it is evident that corporal Jamart, -quite young and but recently arrived in Africa, knowing neither the -language nor the country, and, besides, so ill that he nearly always had -to be carried, and remained several days’ journey to the rear, was -simply a lay figure made use of by the accused in the belief that by -Jamart’s presence he would be able to cover his own illegal actions and -to involve the State in his own responsibility; - -Whereas it is therefore useless for the accused to plead good faith in -having acted in accord with the representatives of authority; - -Whereas he knew that he ought not to kill, and that he was even less -justified in so doing in the interests of trade; - -He knew that it is not tolerated by the laws of the State; - -He knew, also, that several of his predecessors and colleagues in the -same region and belonging to the same Company had received very severe -sentences from the Court for similar offences; - -He thought he would be cleverer than the others in trying to cover his -responsibility by making use of State employés; - -But if this precaution turns out to be ineffectual--if he realizes too -late that criminal responsibility cannot be so easily eluded--he has no -right to describe himself as the victim of an error; - -Whereas, if he was mistaken, it was not with regard to the morality of -the actions which he committed, but with regard to the value of the ruse -which he made use of to cover them; - -Whereas, however, the accused insists upon the request which he had -already made in First Instance--to wit, that the Tribunal should order a -supplementary inquiry, in order to have incorporated in the “dossier” -the political Reports sent by the higher administrative authorities of -the region to the Local Government--which would show that the said -authorities had known and approved of the actions of which he is -accused, and even of previous and subsequent expeditions which he had -made with the troops of the State; whereas the local Government, -questioned by the examining Magistrate, declared that, as a matter of -principle, it did not think it possible to produce these documents, and, -moreover, the said documents contained nothing that could refer to the -facts mentioned by the accused; - -Whereas the defence contests these declarations in law and in fact; - -Whereas the right of the judicial authority to demand, and even to -search for in any public or private place, any document which might lead -to a conviction or an acquittal, cannot be denied in principle; - -Whereas this right, which is given to the judicial authority by law, can -only be curtailed also by law; whereas neither the Congo legislation, -nor the legislation on which it is founded, fixes any limitation in -favour of the Public Departments; - -Whereas if an exception be made in the case of diplomatic -representatives, that is on account of the fiction of the -extra-territoriality of their residence; whereas there is no place of -asylum; - -Whereas, however, it is the duty of the judicial authority to proceed in -such matters with the greatest circumspection, and only if the documents -demanded are of obvious use to the prosecution or the defence; - -Whereas, in the present instance, the defence thinks that it can deduce -from these documents the approval, and, in any case, the toleration of -the authorities in connection with these actions; - -Whereas, as has been set forth above, even the definite order, and, -therefore, still less the toleration of the authorities, could not be -held to justify acts contrary to the law; - -Whereas this principle has already, for a long time past, and on several -occasions, been affirmed by the Tribunals of the State; - -Whereas, consequently, in no case could the accused find in the -documents, the production of which he demands, justification for the -actions with which he is charged; - -Whereas the utmost he could do would be to adduce the toleration of the -authorities as an extenuating circumstance; - -Whereas, in this connection, it may be fittingly observed that the -documents of the “dossier” itself, and the evidence of witnesses, go to -prove the existence of a certain toleration on the part of the -authorities; - -Whereas, indeed, the presence and the co-operation of the heads of the -police station of Binga, at the time of the Qiboke affair, and of the -expedition against the Banga, have been admitted by the Tribunal. -Whereas the evidence of the witnesses also goes to prove that the -accused, accompanied by agents and soldiers of the State, had, -previously and subsequently, conducted other punitive expeditions -against the natives; - -Whereas this is sufficient ground at least for presuming the toleration -of the higher authorities of the district, and for admitting this -toleration as an extenuating circumstance in favour of the accused; - -Whereas, consequently, all supplementary inquiry on this subject, even -if it might serve to prove the responsibility of other persons, could be -of no service to the accused; - - On the third count: - -Whereas it is proved by the evidence of witnesses, and admitted by the -men accused, that at Muibembetti, in the course of an expedition against -the Banga, the accused in question, having lost his temper owing to a -delay on the part of the carriers, fired upon them with his shot-gun -loaded with small shot; one of the two discharges wounded a native woman -in the back; and the wound was slight and did not cause her to be -incapacitated from work; - - On the fourth count: - -Whereas the accused admits having caused to be detained at the factory -of Mimbo some twenty natives who had been taken prisoners in the course -of the expedition against the Banga, and that their detention had no -other object than to force their villages to collect rubber; whereas he -alleges in his defence that these people had been arrested with the -authorization and assistance of Jamart, the Chief of the police station; -whereas they were awaiting at Mimbo the instructions of the Commander of -the police forces; whereas he maintains that this act was perfectly -legal because the Government had, since the month of April 1901, -authorized the Société Anversoise du Commerce au Congo to exact rubber -as a tax from the people, and had decreed the penalty of detention in -the case of refusal; - -Whereas, in fact, the Public Prosecutor declared in the course of a -trial before the Court of First Instance that he was authorized to state -that a letter was in existence from the Governor-General to the -Commissioner of the district of Nouvelle-Anvers, granting to the Société -Anversoise du Commerce au Congo the right to exact rubber as a tax; -whereas this letter adds that the Commander of the police force may, in -case of refusal, put in force the penalty of detention; that he may -delegate that right to an agent of the Société Anversoise du Commerce au -Congo, but that it will always rest with him to decide if the detention -is to be confirmed or not; - -Whereas it is quite evident that taxes could not be established, or -detention in case of non-payment decreed, by a mere letter; - -And whereas the right of imposing taxes on the people, and of fixing -penalties can only belong to the King Sovereign, or to those to whom he -has legally delegated his authority for that purpose; - -And whereas the Judicature would fail in its duty and its mission if it -recognized in any other authority those powers which are reserved to the -sovereign authority; - -And whereas a law duly decreed and published would therefore have been -necessary; - -And whereas such a law has only appeared quite recently, a very long -time after the acts which form the subject of the prosecution, and it -requires, moreover, in order to render the penalty of detention -applicable, conditions which do not exist in this case; - -Whereas, consequently, the letter of the Governor-General being unable -to run counter to the Penal Code could not justify the violation of -individual liberty; - -And whereas it is quite possible that the accused may have been mistaken -on this point, but the fact of acting in good faith cannot be taken as a -justification for a breach of the law; - -Whereas it is just, however, to take this into consideration in order to -give the accused, on this head, the benefit of extenuating circumstances -to the greatest extent possible; - - On the fifth count: - -Whereas it is established and admitted by the men accused that one of -the prisoners detained at Mimbo, having attempted to escape during the -night, was killed with an Albini rifle by the sentry on guard; - -And whereas the accused maintains that he had absolutely nothing to do -with this act; - -Whereas, although it is established by the evidence of the witnesses -that the accused had always given his men orders to fire on prisoners -who tried to escape, it is not, however, proved that the sentry who -fired was one of the men placed directly under his orders; - -Whereas, on the contrary the proceedings seem to show that the man in -question was a workman of the post of Mimbo, and that he had been placed -as a sentry by the Manager of that factory; - -And whereas the murder, therefore, could not be imputed to the accused; - - On the sixth count: - -Whereas the accused admits that upon his return from the expedition -against the Banga, a native Chief was killed in the prison of the police -station of Banga by the soldiers of that station; - -Whereas he admits that on two occasions, when he was in the company of -Jamart, the soldiers came to ask for instructions relating to this -prisoner, who was making a disturbance; and he also admits that he was -actually present in the prison when the prisoner was killed; whereas, -however, he affirms that neither he, nor Jamart, gave any order to the -soldiers, and that he went to the prison solely to induce the prisoner -to remain quiet; - -Whereas all the witnesses interrogated on this point in the course of -the preliminary inquiry, and at the hearing of the case, did, in a -manner the most precise, and consistent in the most minute details, -affirm that the accused twice gave the order to kill; first to Sergeant -Tangua, who had come for instructions; and on the second occasion to the -same sergeant and to the soldier Rixassi when they returned to get the -order confirmed; and that it was the accused himself, who, in the -prison, after the sergeant had fired upon the prisoner and missed him, -handed the gun to the soldier Rixassi, who killed him; - -Whereas the latter detail was also given by the witness Houart, confined -in the prison at Boma, when the other witnesses were still in the Upper -Congo; and it is, therefore, impossible that it was invented; - -Whereas these two circumstances, absolutely established by other -evidence as well as that of native witnesses, that the accused was in -the prison and that he handed the gun to the man who fired, confirm in -the most positive manner the fact that it was he who gave the order to -fire, an order which the soldiers who were returning from the -expedition, on which they had always looked upon the accused as their -Commandant, could not hesitate to execute; - -Whereas it is, moreover, amply evident that they certainly would not -have killed without instructions, even in the presence of the accused; - - On the seventh count: - -Whereas the facts cited in the prosecution are established, and admitted -by the accused, and constitute breaches of the Regulations as to -fire-arms; - - On the eighth count: - -Whereas, as the first Judge declared, it is merely a question in this -case of a simple exchange of ammunition between the troops of the State, -and the Company’s armed men; and whereas a simple exchange cannot -constitute a fraudulent abstraction, or (when it is only a question of -cartridges, and not of the weapon itself) a contravention of the -Regulations as to fire-arms; - -Whereas, for the reasons given above, the accused must be declared -guilty of murders with premeditation, as the moral author, through abuse -of authority, of the deeds he is charged with on the first, second, and -sixth counts; of blows and wounds on the third count; of arbitrary -detention on the fourth count; of contraventions of the Regulations as -to fire-arms on the seventh count; and he should be acquitted on the -remainder of the counts; - -Whereas there are reasons for granting extenuating circumstances to the -accused, not only on account of the considerations submitted on the -first, second, and fourth counts, but also on account of his good -previous character during his long stay in Africa, and the great -difficulties under which he must have laboured, as he had to do his duty -in the midst of a population entirely hostile to all idea of work, and -which only respects the law of force, and knows no other argument than -terror; - -Whereas it must be recognized that it must be very difficult to act -within the law in a country still absolutely barbarous and savage, more -especially when the laws to be obeyed in that country are the same as -those which govern the most civilized peoples; - -Whereas, to conclude, it is just to bear in mind that, although the acts -are in themselves very grave, they lose a part of their gravity when -they are considered in connection with the surroundings, in which, -according to immemorial custom, human life has no value, and pillage, -murder, and cannibalism were, until the other day, of ordinary -occurrence. - - As regards the accused Silvanus Jones: - -Whereas it is duly established by the consistent testimony of the -witnesses, and even by the contradictory evidence of the accused -himself, that, during the month of October 1902, when he was Chief of -the post of the Société Anversoise du Commerce au Congo at Bussa-Baya, -he ordered the men placed under his orders to proceed to the -neighbourhood of the factory, and to kill the natives that they met, to -punish them for not having furnished a sufficient quantity of rubber, an -order which his servant Bongi executed by killing a woman; - -Whereas the accused maintains, as a subsidiary plea, that in any case he -acted, as in other circumstances, in accordance with the orders of his -superiors, especially with those of the District Chief M. Caudron; - -Whereas--although these orders are not well established--the methods -adopted by the District Chief Caudron to obtain rubber from the natives, -and the fact that the accused had been placed at Bussa-Baya secretly, -and that that post had been armed with eight Albini rifles without -permission, give colour to the supposition, in favour of the accused, -that in point of fact, he did but follow the instructions of his Chiefs; - -And whereas, however, for the reasons already given, these orders could -in no way justify or exculpate the accused; - -And whereas he could not even be regarded as a passive and unconscious -instrument in the hands of his Chiefs, because, although a black, he -possesses some mental culture and belongs to a country already partly -civilized; - -And whereas he must have known perfectly well that to kill is a crime; - -And whereas he, moreover, acted in his personal interest because he was -paid in proportion to the rubber he collected; - -Whereas, however, it is just to concede to him extenuating circumstances -to the greatest possible extent, taking into account his surroundings -and the example set by his Chief; and whereas it must be admitted that -it would have been very difficult for a black man to withstand the -influence of example; - -And whereas, therefore, the Court of Appeal expresses the hope that the -rigour of the penalty, which, according to law, it is compelled to -confirm, may, in the case of this prisoner, be modified as soon as -possible, by his conditional release; - -For these reasons and those, cited by the First Judge, which do not -conflict with them; - -INDD -The Court of Appeal: - -Taking into consideration Articles 78 of the Decree of the 27th April, -1889; 3, 4, 11, 98, 101 (_bis_) and 101 (4) of the Penal Code; 2 and 9 -of the Decree of the 10th March, 1892, and the Order of the 30th April, -1901; - -Declares the appeal of the accused Caudron to be inadmissible; - -And, on the appeal of the Public Prosecutor-- - -Amends the Judgment appealed against with respect to the accused -Caudron, in regard to the penalty pronounced, and condemns him on the -count of murders with premeditation, of blows and wounds, of arbitrary -detention, and contraventions of the Regulations as to fire-arms, with -extenuating circumstances, to five years’ penal servitude; - -Confirms in other respects the Judgment which was the subject of appeal, -also as regards the accused Silvanus Jones; - -Ordains that the costs of the appeal shall be borne by the State. - -Thus judged and pronounced in public sitting by the Tribunal, composed -of M. Giacomo Nisco, President; MM. Albert Sweerts and Michel -Cuciniello, Judges; M. Fernand Waleffe, Public Prosecutor; M. Paul -Hodüm, Clerk. - -The President, -(Signed) G. NISCO. - - The Judges, - (Signed) SWEERTS. - M. CUCINIELLO. - - The Clerk, - P. HODÜM. - - -Inclosure 2 in No. 3. - - _Acting Consul Nightingale’s Interview with Silvanus Jones, a - Native of Lagos, under Sentence of Ten Years’ Penal Servitude, in - the Prison at Boma, for certain Atrocities committed whilst in the - Employ of the S.C.A. (Société Congolaise Anversoise)._ - -_Q._ HOW long have you been in the employ of the S.C.A.?--_A._ I served -five years, and then went home to Lagos, and after staying at home some -time I returned to the Congo, and was re-engaged by the same Company. I -am now completing the second year of my new contract. - -_Q._ In what capacity were you engaged by the S.C.A.?--_A._ As a -carpenter. - -_Q._ How is it that, being engaged as a carpenter, you were buying -rubber?--_A._ There was no more carpentering to be done, and as I had -not completed my contract, I was ordered to buy rubber. Formerly I used -to buy rubber at the same time as I was doing the carpentering. - -_Q._ Have you ever killed, ill-treated the natives, or burnt down their -houses?--_A._ On my oath, I never have. - -_Q._ Do you understand the nature of an oath?--_A._ Yes; and if there -were a Bible here I would swear on it. - -_Q._ Can you read and write?--_A._ Only a very little--just my name. - -_Q._ Were you aware that people were being shot or otherwise -ill-treated, and that their villages were burnt?--_A._ Yes; I heard of -such things going on, but I never witnessed anything of the sort except -on one occasion at my own station. It was one day (the 9th December, -1902) when I was lying down, and suddenly I heard firing from outside, -and a shot came through my house and nearly hit me. When I went outside -I found a white agent of the Company, who had ordered his men (soldiers) -to fire on a man and woman from about 120 yards’ distance. They were -both killed. The woman was pregnant. When I asked the white agent (whose -name I cannot remember) why he came and upset the people of my station, -he replied, “How dare you speak to me, you black man; don’t you see that -I am a white man, and can give what orders I like!” - -_Q._ Were you ever ordered to go and punish the natives?--_A._ Yes. On -one occasion, especially, I was ordered to send and punish some people -who had fled into the bush. So I thought for a time as to what I should -do, and at last resolved to send four soldiers into the bush to try and -catch the people and bring them to me to see if I could make friends -with them. I ordered the soldiers not to shoot any one, and sent my boy -(a Bangala) with them to see that no shooting was done. They caught a -man and a woman in the bush and took them to Little Basango (about three -hours from my station), instead of coming back to me. It was my Bangala -boy who shot the woman whilst she was stooping down at the side of the -river, and she fell into the water and was carried away. I never saw the -woman or her corpse, as it was carried away by the stream. I went down -the river (about two and a-half hours’ journey in a canoe going there, -and about six hours to come back) to report the affair to the white -agent at the post there. It is for this affair, I am given to -understand, that I am punished. But really I am not to blame, as I gave -strict orders to the soldiers not to shoot any one. - -_Q._ Did you know when you were sent for to come to Boma that you were -going to be tried for committing certain outrages on the natives?--_A._ -No. - -_Q._ Were you brought down to Boma under a military escort?--_A._ No; I -came down alone; but when I arrived at Boma I was met by a guard of -soldiers, and was taken to the prison, where I remained five days, and -was then let out. - -_Q._ Did you know that you were going to be tried for various outrages -committed on the natives?--_A._ No; I was under the impression that I -had been called as a witness against that man. - -[Jones pointed to a man who was writing at a desk in the gaoler’s -office, who, I was told, was M. Caudron.] - -_Q._ You knew absolutely nothing about your being kept in Boma to be -tried for serious offences you were accused of having committed?--_A._ I -knew absolutely nothing. - -_Q._ Would you have employed an advocate to defend you had you known -that you were going to be tried for such serious offences against the -laws of the country?--_A._ Most certainly I would. I brought down with -me 3,500 fr., and the Judge has got 3,000 fr. of that sum, which I wish -you to mind for me. I think you have the receipt. - -[_Note._--The receipt was handed to Mr. Nightingale by a Lagos man named -Shanu a few days ago.] - -_Q._ You know, I suppose, that you have been sentenced to ten years’ -penal servitude?--_A._ Yes; I was sentenced to ten years by the first -Judge, but the second Judge reduced it to two and a-half years; and they -say that if I behave properly that I may get my liberty in six months. - -[_Note._--Jones has misunderstood his sentence. The sentence of ten -years passed in the Court of First Instance was upheld in the Appeal -Court.] - -_Q._ What work have they given you to do here?--_A._ I am employed on -the carpentering work of this building (pointing to a stone house that -is in course of construction). - -_Q._ You declare you are perfectly innocent of the charges brought -against you, and for which you have been condemned to ten years’ penal -servitude?--_A._ Yes, Sir; I am innocent. - -_Q._ You wish me to hold the 3,000 fr. for you?--_A._ Yes; if you -please, Sir. - -(Signed) A. NIGHTINGALE. - -_Boma, March 21, 1904._ - - -Inclosure 3 in No. 3. - -_Note._ - -JONES, SILVANUS, originaire de Lagos, clerc au service de la Société -Commerciale Anversoise, prévenu d’avoir, à la fin de l’année 1902, -envoyé des travailleurs de la Société Anversoise du Commerce au Congo, -armés de fusils Albini, dans les environs de la factorerie de Bussu-Baya -et avoir ainsi été la cause directe de la mort d’une femme de Bassanga, -tuée d’un coup d’Albini, par son domestique Bangi--infractions prévues -par les Articles 1 et 9 du Décret de 10 Mars, 1892, et l’Arrêté du 30 -Avril, 1901, sur les armes à feu et 1 et 2 du Code Pénal. - -L’Article 1 du Décret du 10 Mars, 1892 (B.O., 1892, p. 14), interdit -l’importation, le trafic, le transport, et la détention d’armes à feu -quelconques, ainsi que la poudre, de balles et de cartouches. L’Article -9 du même Décret punit toute infraction à cette disposition d’une amende -de 100 fr. à 1,000 fr., et d’une servitude pénale n’excédant pas une -année, ou de l’une de ces peines seulement. L’Arrêté du 30 Avril, 1901 -(R.M., p. 86), subordonne à certaines formalités les demandes pour la -délivrance de permis de port d’armes. L’Article 1 du Code Pénal (L. 11) -définit l’homicide et les lésions corporelles volontaires. L’Article 2 -définit le meurtre et le punit de la servitude pénale à perpétuité. - - -(Translation.) - -SILVANUS JONES, native of Lagos, clerk in the Service of the Société -Commerciale Anversoise, accused of having, at the end of the year 1902, -sent some workmen in the employ of the Société Anversoise du Commerce au -Congo, armed with Albini rifles, to the neighbourhood of the Bussu-Baya -factory and thus been the direct cause of the death of a woman of -Bassanga, who was killed by a shot from an Albini fired by his servant -Bangi--which offences are covered by Articles 1 and 9 of the Decree of -the 10th March, 1892, and the Order of the 30th April, 1901, respecting -fire-arms and 1 and 2 of the Penal Code. - -Article 1 of the Decree of the 10th March, 1892 (B.O., 1892, p. 14), -forbids the importation, trade in, transport and keeping of, any -fire-arms whatever, or of powder, bullets, or cartridges. Article 9 of -the same Decree punishes every infraction of this provision by a fine of -100 fr. to 1,000 fr. and by a term of penal servitude not exceeding one -year, or by one only of those penalties. The Order of the 30th April, -1901 (R.M., p. 86), attaches certain formalities to requests for the -delivery of permits to carry arms. Article 1 of the Penal Code (L. 11) -defines homicide and wilful bodily injury. Article 2 defines murder and -punishes it by penal servitude for life. - - - - -No. 4. - -_Sir C. Phipps to the Marquess of Lansdowne._--(_Received May 16._) - - -My Lord, - -_Brussels, May 14, 1904._ - - -M. de Cuvelier handed to me this evening a Memorandum, of which I have -the honour to inclose copy, which has been drawn up at the Congo -Ministry in rejoinder to the points raised in your Lordship’s despatch -of the 19th ultimo, on the subject of the administration of the Congo. - -I have, &c. -(Signed) CONSTANTINE PHIPPS. - - -Inclosure in No. 4. - -_Memorandum._ - -La dépêche de Lord Lansdowne du 19 Avril, 1904, dont copie a été remise -par Son Excellence Sir Constantine Phipps au Gouvernement du Congo le 27 -Avril suivant, appelle quelque considérations. - -Relativement à l’appréciation contre laquelle s’élève cette dépêche -“that the interests of humanity have been used in this country as a -pretext to conceal designs for the abolition of the Congo State,” l’on -voudra bien se souvenir qu’un membre de la Chambre des Communes -déclarait qu’il préfèrerait “voir la vallée du Congo passer à une -Puissance étrangère,” et que des pamphlets indiquaient comme “absolute -and immediate necessities,” “Disruption of the Congo Free State,” -“Partition of the Congo Free State among the Powers,” et suggéraient -même les bases d’un tel partage, tandis que des organes de la presse -Anglaise envisageaient soit l’alternative “advocated by the more -thorough-going critics of the present Administration, namely, the -disruption of the Congo Free State,” soit l’alternative de “the -partition of the Congo territory among the Great Powers whose -possessions in Africa border those of the Congo State,” ou déclaraient -“what Europe ought to do, under the leadership of Great Britain, is -summarily to sweep the Congo Free State out of existence.” La Note de -l’État du Congo du 17 Septembre a relevé ces suggestions, dont nous -n’indiquons ici que la tendance et qui toutes avaient pour objet de -spolier le Roi-Souverain, de le déposséder de l’État qui était sa -création personnelle--suggestions qui se concilient bien mal avec le -respect du droit et des Traités, et avec les motifs d’ordre purement -humanitaire et philanthropique dont se disent exclusivement animés les -adversaires de l’État dans la campagne passionnée qu’ils mènent contre -lui. - -En réponse aux objections que le Gouvernement de Sa Majesté élève contre -la communication du texte intégral du Rapport de Mr. Casement, le -Gouvernement de l’État du Congo fait remarquer qu’il a demandé la -communication de ce Rapport complet en vue précisément de le transmettre -aux autorités judiciaires et administratives compétentes, sans quoi -cette communication serait sans objet. Le souci d’une enquête impartiale -et les droits de la défense exigent impérieusement que les accusés -connaissent, d’une manière précise et dans leurs détails, les faits mis -à leur charge, et l’appréhension que les personnes accusées pourraient, -de par la connaissance qu’elles auraient de ces détails, influencer ou -supprimer des témoignages ne semble pas justifiée par ce seul fait que -des indigènes, qui, dans l’affaire Epondo, avaient fourni au Consul des -informations mensongères, ont évité par la suite de se représenter -devant le Magistrat enquêteur; la fuite de ces témoins s’explique plus -naturellement par le sentiment de la faute grave qu’ils avaient commise -en trompant sciemment le Consul Anglais. Si le Gouvernement du Congo -peut donner, et donne volontiers, l’assurance que tout acte ou toute -tentative de subornation de témoins serait poursuivi, il n’est -évidemment pas en son pouvoir de préjuger ou d’enrayer les mesures -légales que croiraient devoir prendre, dans l’intérêt de leur honneur ou -de leur considération, des personnes qui se trouveraient avoir été -faussement accusées. - -Le Gouvernement de l’État du Congo regrette que le Gouvernement de Sa -Majesté Britannique n’estime pas devoir lui communiquer les autres -Rapports Consulaires antérieurs auxquels faisait allusion la dépêche de -Lord Lansdowne du 8 Août, 1903. Ainsi que le disaient les notes du 12 -Mars dernier, ces rapports présentaient l’intérêt d’avoir été écrits à -une date à laquelle de débat actuel n’était pas né. - -Une copie de ce Mémorandum sera adressée aux Puissances auxquelles a été -transmise la copie de la dépêche de Lord Lansdowne du 19 Avril dernier. - -_État Indépendant du Congo, Bruxelles, -le 14 Mai, 1904._ - - -(Translation.) - -Lord Lansdowne’s despatch of the 19th April, 1904, a copy of which was -handed to the Congo Government on the 27th April by his Excellency Sir -Constantine Phipps, calls for certain remarks. - -With regard to the opinion to which this despatch takes exception, “that -the interests of humanity have been used in this country as a pretext to -conceal designs for the abolition of the Congo State,” it will be well -to remember that a Member of the House of Commons declared that he would -prefer “to see the Valley of the Congo pass into the hands of a foreign -Power,” and that some pamphlets described the “Disruption of the Congo -Free State,” the “Partition of the Congo Free State among the Powers,” -as absolute and immediate necessities, and even went so far as to -suggest the bases of such a partition, while the organs of the English -press contemplated one of two alternatives, either that “advocated by -the more thorough-going critics of the present Administration, namely, -the disruption of the Congo Free State,” or “the partition of the Congo -territory among the Great Powers whose possessions in Africa border -those of the Congo Free State,” or declared that “what Europe ought to -do, under the leadership of Great Britain, is summarily to sweep the -Congo Free State out of existence.” The Congo State Note of the 17th -September has called attention to these suggestions, of which we merely -point out the tenour in this instance, and which all aimed at despoiling -the Sovereign King, and at dispossessing him of the State which was his -own creation--suggestions which are entirely incompatible with respect -for rights and Treaties, and with the motives of a purely humanitarian -and philanthropic nature by which the enemies of the State allege -themselves to be exclusively animated in the passionate campaign which -they are conducting against it. - -In reply to the objections raised by His Majesty’s Government against -the communication of the entire text of Mr. Casement’s Report, the -Government of the Congo State points out that it has asked for the -complete Report precisely with a view to transmitting it to the -competent judicial and administrative authorities, without which this -communication would be purportless. The anxiety to obtain an impartial -inquiry and the rights of the defence render it an imperative necessity -that the men accused should be informed, in a precise and fully-detailed -manner, of the acts laid to their charge; the fear that the persons -accused might be able, by means of the knowledge they would have of the -details, to influence or suppress evidence, does not appear to be -justified by the mere fact that the natives, who, in the Epondo case, -had given mendacious information to the Consul, subsequently avoided -presenting themselves before the Magistrate presiding over the inquiry; -the flight of these witnesses is explained more naturally by the fact -that they were conscious of the grave fault they had committed in -wittingly deceiving the English Consul. If the Congo Government be -permitted to give an assurance, which it does willingly, that any case -of suborning witnesses, or any attempt to do so, would form the subject -of a prosecution, it is evidently not within its power to prejudice or -quash such legal measures as persons who might find themselves -wrongfully accused might consider it necessary to take, either in the -interests of their honour or their dignity. - -The Government of the Congo State regrets that His Majesty’s Government -does not deem it necessary to communicate to it the other previous -Consular Reports to which Lord Lansdowne’s despatch of the 8th August, -1903, alluded. As was stated in the notes of the 12th March last, these -reports possessed the interest of having been written at a date anterior -to the inception of the present discussion. - -A copy of this Memorandum will be addressed to the Powers to whom copies -of Lord Lansdowne’s despatch of the 19th April last was transmitted. - -_Congo Free State, Brussels, -May 14, 1904._ - - - - -No. 5. - -_The Marquess of Lansdowne to Sir C. Phipps._ - - -Sir, - -_Foreign Office, June 6, 1904._ - -With reference to my despatch of the 19th April, I transmit to you, for -communication to the Congo Government, a Memorandum on the remaining -points in the “Notes” handed to you on the 13th March which would appear -to His Majesty’s Government to call for observation. - -I request you, in presenting this Memorandum, to take the opportunity of -stating that His Majesty’s Government much regret that, in M. de -Cuvelier’s Memorandum of the 14th May, a more definite reply is not -returned to the inquiries which they deemed it necessary to make before -considering whether they could furnish the full text of Mr. Casement’s -Report. My despatch explained that the names in the Report had been -suppressed, not from any want of confidence in the Central Government of -the Congo State, but from apprehension that the information, if made -generally public, would place it in the power of persons charged with -abuses to procure the suppression or repudiation of evidence, or to -punish those who had given it. His Majesty’s Government asked, -therefore, whether the Congo Government would accept full responsibility -for the use which would be made of the information, and would -communicate the measures they were prepared to adopt and enforce in -order to protect the witnesses who gave evidence to Mr. Casement from -the possibility of exposure to acts of intimidation or retaliation. It -was clearly incumbent upon His Majesty’s Government to provide as far as -possible for the safety of those at any rate whose statements to a -British officer were made with no knowledge that they would be cited by -name as responsible for charges upon which public proceedings would be -based. They entertained therefore no doubt that the Congo Government -would appreciate their motives, and would willingly undertake, in -furtherance of the object which both Governments have in view, to meet, -so far as lay in their power, the requirements of the case. The -Memorandum handed to you by M. de Cuvelier, after dwelling upon the -necessity of full information for the purpose of investigation, merely -declares that the Government of the Congo are ready to give an assurance -that proceedings will be taken against all who attempt to suborn -witnesses, but that they cannot prejudice or prevent legal measures -instituted in defence of their honour or reputation by those who may -have been falsely accused. - -His Majesty’s Government cannot accept as adequate or satisfactory an -answer which implies that the information which they are asked to supply -will be accessible to the very persons whose conduct has been impugned, -before any measures have been taken to shield the witnesses from the -exercise of improper pressure. They have, of course, never entertained -the idea that the Congo Government would connive at any such malpractice -as the subornation of witnesses. They have not asked, and have never -intended to suggest, that legal remedies should be denied to those -against whom unfounded accusations have been publicly brought, nor do -they desire that those, if any, who have given such false evidence -should be shielded from the proper legal penalty for their offence. What -they require is that the Congo Government, in accordance with the -recognized principles of civilized administration, will take every means -to secure that the witnesses, if their names should be divulged, will -suffer no harm in their property or persons from the unlawful violence -of those to whose desire for revenge they may be exposed. No argument -can be entertained to the effect that acts of violence are improbable or -impossible under a system such as that revealed by the Judgment -pronounced by the Court of Appeal at Boma in the Caudron Case, and His -Majesty’s Government earnestly trust that the Congo Government will -recognize the immense service that will be rendered both to the cause of -humanity and to the credit of their own officers by promoting -unreservedly a full and public investigation by a Tribunal of recognized -competence and impartiality into the charges made against their agents -and against their system of administration. - -There is another point to which His Majesty’s Government must call -attention. The inquiry promised in the “Notes” is, no doubt, intended to -be of a searching and impartial character, and His Majesty’s Government -hoped that they would before now have received some indication of the -measures designed to carry out this intention. In the peculiar -circumstances which have arisen, strict impartiality will hardly be -attributed to an investigation conducted as in the Epondo case solely by -the officers of the State or by the agents of the Concessionary -Companies, nor will the result carry conviction to the degree which -seems essential. The matter is one which must be left to the decision of -the Congo Government, and it is only because, in the judgment of His -Majesty’s Government, the whole question at issue turns in a great -measure upon the position and character of those charged with the -inquiry that they feel justified in mentioning the point, and in -suggesting that a Special Commission should be appointed, composed of -Members of well-established reputation, and in part, at least, of -persons unconnected with the Congo State, to whom the fullest powers -should be intrusted both as regards the collection of evidence and the -measures for the protection of witnesses. Were a Commission of this -character appointed His Majesty’s Government would be prepared to place -at the disposal of the Members, for their own use and guidance, all the -information they possess respecting the position of affairs in the -Congo, and would give them every assistance, in the confident belief -that an independent Commission such as they have suggested would elicit -the truth, and effect in a manner commanding general acceptance a -settlement of the existing controversy. - -You will read this despatch to M. de Cuvelier and give a copy of it to -his Excellency. Copies of the despatch and of the inclosed Memorandum -will also be forwarded to the Powers who were Parties to the Berlin Act. - -I am, &c. - -(Signed) LANSDOWNE. - - -Inclosure in No. 5. - -_Memorandum._ - -The first portion of the “Notes” refers to the desire expressed by the -Congo Government for the production of the previous Reports of His -Majesty’s Consuls alluded to in the Circular of His Majesty’s Government -of the 8th August last. This matter has already been dealt with in the -despatch addressed to Sir C. Phipps on the 19th of April. - -The next point in the “Notes” is the statement made by Mr. Casement that -the population has decreased in certain districts; doubt is expressed as -to how, in the course of his rapid visits, he was able to arrive at the -figures which he gives, and attention is drawn to alleged discrepancies -in those figures. With regard to Mr. Casement’s ability to form an -opinion on the subject, it is to be observed that the means at his -disposal for doing so were neither greater nor less than those of Mgr. -van Ronslé, viz., personal knowledge of what the population had been in -former years and what it appeared to him to be at the date of his last -visit. The alleged discrepancy in his figures consists in the fact that, -having estimated the population of the entire community of the F line of -villages at 500, a few lines further on he estimates that of “the -several villages whose task it is to keep the wood post victualled” at -240. The explanation is to be found in the fact that in the first -instance Mr. Casement alluded to all the villages comprising the -Settlement, whereas in the second he referred only to the inhabitants of -that portion of the Settlement whose business it was to supply food for -the neighbouring wood-cutting post. - -The Congo Government admit that Mr. Casement attributes, equally with -Mgr. van Ronslé, a large share of the diminution of the population to -the sleeping sickness, but attach to another cause, viz., the facility -with which the natives are able to migrate, greater weight than appears -to His Majesty’s Government to be justifiable, since more than one -reference in the Consul’s Report shows that the natives are not allowed -to leave their own districts. - -On p. 4 of the “Notes” (p. 3, _supra_) the complaint is made that Mr. -Casement’s Report contains, not exact, precise, and proved facts, but -statements and declarations by natives. It is difficult, however, to see -how the facts dealt with can be proved without hearing the statements -and declarations of natives: the grounds of their complaints at all -events can be learnt exactly and precisely from them alone. - -In the last paragraph of p. 4 (p. 3, _supra_) an attempt is made to show -that because during his journey into the interior of the Congo State, -Mr. Casement was not the guest of the authorities, and because during -that journey he visited his countrymen, therefore his presence must -“inevitably” have been considered by the natives as antagonistic to -“established authority.” Mr. Casement was, however, obviously at liberty -to move about his Consular district without previous consultation with -the authorities, and he was at special pains to impress on the people -that he had no authority to set things right. It is clear from his -Report, as indeed is borne out by the “Notes,” that he was careful to -refer the natives to the Government of the State. As a matter of fact, -in many parts of the country the natives did not know who he was, while -it is equally certain that the rumour of the “campagne menée contre -l’État du Congo” to which allusion is made as having influenced the -inhabitants could not possibly have reached them, since it is difficult -to imagine that a population who are represented as among the most -savage and backward of mankind, and dwelling in the heart of Africa, -could be aware of debates in a European assembly, or of the press -comments made thereon. - -Mr. Casement could not, as asserted, have appeared to all the natives of -the Lulongo River in the character attributed to him, and this is shown -in a letter the agent of the Lulanga Company at Bokakata addressed to -Mr. Ellery, of the Congo Balolo Mission at Ikau, on the 28th August. - -Mr. Casement had found women hostages tied up and guarded by two -sentries of that Company who told him how it was these women came to be -captured and detained, in order to compel their husbands to bring in -rubber. - -This letter begins by stating that-- - - “Avant-hier, disent les indigènes, des missionnaires de la Congo - Balolo Mission se sont rendus à Yvumi (Ifomi), où ils ont été - recueillir certaines réclamations après au préalable avoir fait - instiguer les habitants de ce village par le personnel du steamer.” - -The letter then seeks to show that the scene Mr. Casement had witnessed -had no foundation in fact, and ends with the request that Mr. Ellery -should communicate its contents “au monsieur qui s’est rendu à Yvumi. Je -regrette, ne le connaissant pas, de ne pouvoir m’adresser à lui.” - -It is evident from this letter that neither the natives of the village -referred to, the sentries placed there, nor the European agent -responsible for placing them there had any knowledge of the rôle of -“redresseur des griefs” which is now attributed to Mr. Casement. - -This is the more significant, since Mr. Casement had passed Bokakata the -day before this letter was written, on his way to Ikau, whither the -Lulanga Company’s steamer, with the Director on board, followed on the -28th August in search of an unknown traveller who the natives said was a -missionary. - -That Mr. Casement travelled independently of Government assistance was a -perfectly legitimate action on his part, and one calling for neither -comment nor explanation. The necessity for this, moreover, is made clear -by that passage in his Report (p. 24) wherein he points out the -difficulty of getting suitable accommodation on the Government steamer -“Flandre,” by which he had at first thought of quitting Leopoldville. - -It may also be observed that it was only when he failed to find a French -steamer available at Brazzaville (which he visited in that hope on the -25th and 26th June) that he decided to seek the loan of a steamer -belonging to an American Mission. - -A visit to his countrymen was a correct proceeding on his part, and it -was but natural that he should be assisted by them. As their Consul, it -was right he should visit his compatriots dwelling in isolated stations -amid savage surroundings; and since he was desirous of coming to an -independent judgment on the conditions of native life, it was much more -natural that he should choose his own means of separate, independent -conveyance than restrict himself to the not always convenient itinerary -of Government steamers or place himself under the guidance or conduct of -local authorities, who, if abuses did exist, were hardly likely to -disclose them. His Majesty’s Government can in no way accept the view -that Mr. Casement necessarily fell under the influence of the -missionaries, neither can they think that the English Protestant -missionaries are opposed, still less necessarily antagonistic, to the -Government of a friendly State in which they reside. Mr. Casement -moreover visited several American mission stations, and it is not the -case, as asserted in the “Notes,” that it was only by English -missionaries that he was assisted. The steamer he travelled on was the -property of the American Baptist Missionary Union, lent to him by their -Board; the Mission station at which he spent the longest time is an -American station, and he had on several occasions Americans with him as -his guests on board and during his visits to the natives. - -The Congo Government endeavour to support their assertion that Mr. -Casement’s attitude was one of antagonism to established authority by -alleging as “characteristic” the fact that while he was at Bonginda the -natives collected on the banks of the river, and as the agents of the -Lulanga Company went by shouted out, “Votre violence est finie; elle -s’en va; les Anglais seuls restent! Mourez vous autres!” - -Had the incident referred to occurred as recorded, it would indicate not -so much that the natives of the locality named were excited against -“established authority,” as against the agents of a trading Company. - -But the above is hardly a correct description of the occurrence, as the -Congo Government must admit, seeing that they have themselves placed on -record a totally different version of the incident. - -On the 2nd December, 1903, the Secretary-General of the Congo State in -drawing the attention of Dr. H. Grattan Guinness to the subject of this -pretended “disorder,” of the natives, described it in the following -terms:-- - - “On a vu dernièrement, après le voyage du Consul Britannique dans - la Lulanga, des indigènes en rapport avec la mission de la Congo - Balolo Mission, établie à Bonginda, s’attrouper au passage d’un - agent de l’État, en s’écriant dans leur dialecte-- - - “‘Votre violence est finie; elle s’en va; les Anglais seuls - restent! Mourez vous autres!’ - - “Ces propos séditieux étaient proférés en présence de missionnaires - de Bonginda.” - -Without further enlargement upon so trivial an altercation as that which -actually occurred between the canoe boys of a passing trader and some -natives of the neighbourhood, it is only necessary to call attention to -the discrepancy which exists between M. de Cuvelier’s complaint of the -2nd December and the terms in which it is now formulated. - -In the former communication the Secretary of the Congo Government -addressed the Congo Balolo Mission in terms of reproof upon a subject -upon which he was obviously but imperfectly informed, since he asserted -the incident to have occurred after Mr. Casement’s departure from -Bonginda, and the offensive words to have been addressed to a Government -official. Dr. Guinness, however, explained to M. de Cuvelier that the -incident occurred when Mr. Casement was present, that it had no -significance, and that the canoe jeered at by the natives contained, not -a State Agent, but an agent of the Lulanga Company; further, that the -words used were, in reality, not those imputed, but: “The rubber is -finished; the people refuse to work rubber.” Yet in spite of this -explanation, which seems amply sufficient, the “Notes” still maintain -that the incident shows that Mr. Casement’s attitude was incorrect. - -The next subject discussed in the “Notes” is what has come to be known -as the Epondo Case. - -This is dealt with at great length, and the explanation for so doing is -afforded by a statement that His Majesty’s Consul himself attributed a -capital importance to it. The inference that it is intended to draw -would seem to be that since the result of the investigations made by the -local authorities, subsequent to Mr. Casement’s departure, is said to -have demonstrated quite other facts than those he had too hastily -assumed, the rest of his Report need not be taken seriously. - -From a consideration of the Consul’s Report, it will be seen that the -case of this boy Epondo is dealt with in one single paragraph of -thirty-seven lines of print on p. 56, and is referred to again in some -few lines of p. 58, in all less than one page of a document of -thirty-nine pages; while in the Appendix of nearly twenty-three pages of -print a copy of the notes taken by Mr. Casement in the case at Bosunguma -extends to less than two pages. - -On the other hand, the Congo Government, in their reply, devote some six -or seven pages of a document of eighteen pages in all to endeavouring to -show that in the case of this one mutilated individual, the boy’s hand -had not been cut off by a sentry, but had been bitten off by a wild -boar; and in the Appendix to the “Notes,” which comprises nineteen pages -of small print, more than ten pages are devoted to extracts from the -proceedings in this one case. - -Thus, of a document running to thirty-seven pages in all, almost -one-half is assigned to a single incident which, in Mr. Casement’s -Report, had given occasion for some two and a quarter pages of remark -and notes out of nearly sixty pages of printed matter. - -Far from having attributed capital importance to this incident, it is -evident from the Report itself that it was but one of many cases calling -for explanation brought to Mr. Casement’s notice during his journey, and -that he himself by no means attributed to it undue weight. - -To show how far he was from generalizing from this one incident, it is -only necessary to cite a letter he addressed to the Governor-General on -the 4th September when in the Lopori River, 150 miles away from -Bosunguma (of the existence of which he did not then know), written some -days before the cases of mutilation on the Lower Lulongo were brought to -his notice. In that letter, which dealt mainly with certain illegalities -he had observed in the Abir territory at Bongandanga, he said:-- - - “I am sure your Excellency would share my feelings of indignation - had the unhappy spectacles I have witnessed of late come before - your Excellency’s own eyes. - - “I cannot believe that the full extent of the illegality of the - system of arbitrary impositions, followed by dire and illegal - punishments, which is in force over so wide an area of the country - I have recently visited, is known to, or properly appreciated by, - your Excellency or the Central Administration of the Congo State - Government.” - -Also after recording some of the outrages practised upon women and -children he had witnessed in order to obtain food supplies, or compel -the production of india-rubber, he said, in referring to one of these -so-called trading factories:-- - - “I must confess with pain and astonishment that, instead of - visiting a trading or commercial establishment, I felt I was - visiting a penal settlement.” - -A study of the case will show the successive steps by which the -statement made on p. 7 of the “Notes” (p. 5, _supra_) is reached:-- - - “L’enquête montre Epondo, enfin acculé, rétractant ses premières - affirmations au Consul, et avouant avoir été influencé par les gens - de son village.” - -The facts throw a light on the motives which inspired, or the influences -which compelled, this retractation by the mutilated boy other than the -“Notes” afford, and show that a not unimportant part of the inquiry was -conducted under conditions which scarcely merit the description of an -“enquête judiciaire dans les conditions normales en dehors de toute -influence étrangère,” as, on p. 6 of the “Notes” (p. 4, _supra_), it is -said to have been. - -A noteworthy illustration of the method adopted to arrive at an -impartial finding in this case will be found to consist in the fact that -an inquiry into grave charges preferred against an agent of the Lulanga -Company was conducted in part through agents of that society--itself -primarily involved; that the Substitut du Procureur d’État visited the -district as the guest of that Company, putting up at its stations and -travelling on its steamer in company with its agents, and that the -“retractation” of Epondo only took place when the boy had been removed -to the head-quarters of that Company, on the steamer of that Company, -surrounded, not by friends, but by the agents of the very Company which -had an obvious interest in securing a withdrawal of the charge. - -Had the “retractation” of Epondo, first made at Mampoko, the -head-quarters of the Lulanga Company, on the 8th October (see p. 31, -“Notes”) (p. 35, _supra_) been sincere and quite uninfluenced by the -environment to which he found himself removed at Bonginda, its sincerity -would best have been demonstrated by its being repeated before Mr. -Armstrong at Bonginda, whence the boy had just been removed. - -Mr. Armstrong had cognizance of the case from the first. Bonginda lies -only some 8 miles from Mampoko, and it would have been but just to Mr. -Armstrong, as well as much more convincing, if, when the boy altered his -statement, he had been taken back to where only the day before (see p. -29, “Notes”) (p. 33, _supra_) he had reiterated in the presence of Mr. -Armstrong the original charge against Kelengo. - -Instead of adopting this simple course, however, the boy, having been -brought to “retract,” was carried off to Coquilhatville--fully 80 miles -away--and a week later a declaration is required from Mr. Faris, a -missionary, whose residence was situated far from the scene of the -occurrences, who had no knowledge of the boy’s antecedents, or any means -of testing his statement by cross-examination or otherwise. - -A retractation by a lad of some 15 years of age brought about at Mampoko -under influences not unfavourable to the accused sentry cannot be held -as satisfactory. That the authorities at Coquilhatville did not -themselves consider it convincing is clear from their action in calling -upon Mr. Faris to furnish an extraneous support to the decision arrived -at by their own magisterial inquiry at Mampoko. - -Epondo’s “retractation” was made on the 8th October at Mampoko, and one -statement in it, as given on p. 31 of the “Notes,” (p. 35, _supra_) -throws doubt on much of the rest. - - _Question_ (by the Substitut): “Depuis combien do temps cet - accident vous est-il arrivé?” - - _Answer_ (Epondo): “Je ne me rappelle pas: c’est depuis longtemps.” - -When Mr. Casement visited Bosunguma on the 7th September the boy’s -mutilated stump had evident signs of not being then completely healed: -blood showed still in two places, over which the skin had not entirely -formed, and it was wrapped up in a cloth. - -“The “Notes” (p. 9) (p. 7, _supra_) allude to the attitude of the -missionaries in the following words:-- - - “Et le fait n’est pas non plus sans importance, si l’on veut - exactement se rendre compte de la valeur des témoignages, de la - présence aux côtés de Mr. Casement, qui interrogeait les indigènes - de deux missionnaires Protestants Anglais de la région, présence - qui, à elle seule, a dû nécessairement orienter les dépositions.” - -If it is permissible to cast this reflection upon the attitude towards -the Government of the missionaries of the district, it is certainly -relevant to point out that the presence beside Lieutenant Braeckman (who -conducted the preliminary inquiry) and the Substitut du Procureur d’État -of the agents of the Company having a deep interest in the charge -against its employé, and the part those agents were permitted to take in -the inquiry, must have vitally affected the testimony of the witnesses -who deposed at Mampoko that the charge against the Lulanga sentry was -inspired solely by a desire on the part of the natives to escape their -rubber dealings with that firm. - -It appears that there were two inquiries: the first conducted by -Lieutenant Braeckman, at which the original witnesses against the sentry -and others reaffirmed their accusation that it was he who had mutilated -Epondo. At the second inquiry, conducted by the Substitut, which took -place some fortnight later, none of the original witnesses against -Kelengo appeared (see “Ordonnance de Non-Lieu,” p. 8, “Notes”) (p. 6, -_supra_); but a number of persons--some of them servants of the Lulanga -Company--made statements, contradictory in many respects, but agreeing -with much unanimity that a wild boar, which no one of them had seen, at -a date no one could assign, in an indeterminate locality, had eaten off -the hand of this lad of 14 or 15 years of age, who, according to the -first deposition cited (that of Efundu, on the 28th September, at -Coquilhatville, p. 24, Annexe III) (p. 29, _supra_), had attempted to -catch the wounded and infuriated creature by the ears! - -It is obvious that the “conclusions posées” as the result of his inquiry -by Lieutenant Braeckman (see “Ordonnance de Non-Lieu” of the 9th -October, p. 8 of “Notes”) must, in part, have rested on evidence of -natives he had interrogated at Bosunguma, in Mr. Armstrong’s presence, -on the 14th September. - -In this “Ordonnance” we find, however, that while the “conclusions” of -Lieutenant Braeckman are accepted, the evidence on which those -“conclusions,” in some part, must have rested is rejected on the ground -that the witnesses took flight, and did not reappear at the second -inquiry. - -If the “conclusions” are accepted, the evidence on which they are -founded should be also admissible. - -There is, moreover, open contradiction if one turns to the evidence of -the “Chief Bofoko, of Ikundja,” cited on p. 30 of Annexe III in the -“Notes” (p. 34, _supra_). - -This deponent appeared before the Substitut at Mampoko on the 8th -October, and in the course of his interrogatory it is asserted that he -was one of those who had originally testified against Kelengo before the -British Consul. - - _Question_ (by Substitut): “Pourquoi vous-même avez-vous déclaré au - Consul Anglais avoir vu la main coupée par terre, le sang coulait, - et les habitants du village qui couraient dans toutes les - directions?” - - _Answer_ (Bofoko): “Je n’ai pas parlé avec les Anglais. Je ne les - ai pas même vus. Quand ils sont arrivés à Bosunguma, je n’étais pas - là.” - - _Substitut_: “Vous mentez, parce que le Consul Anglais déclare - avoir parlé avec vous.” - - _Answer_ (Bofoko): “Oui, c’est vrai. J’y étais. J’ai dit comme les - autres,” &c. - -Despite this record by himself on the 8th October of the _procès-verbal_ -of the evidence of Bofoko, the Substitut, on the following day, draws up -his “Ordonnance de Non-Lieu,” wherein, in the third paragraph, he states -that-- - - “Attendu que tous les indigènes qui ont accusé Kelengo, soit au - Consul de Sa Majesté Britannique, soit au Lieutenant Braeckman, - convoqués par nous, Substitut, ont pris la fuite, et tous les - efforts faits pour les retrouver n’ont abouti à aucun résultat: que - cette fuite discrédite évidemment leurs affirmations”--(p. 8 of - “Notes”). - -In view of a discrepancy of this kind, it is, perhaps, needless further -to investigate the character of the evidence upon which a sustained -effort is made to discredit Mr. Casement’s testimony. - -It may be observed that the natives cited by the Congo Government -concurred in describing the accusation against the Lulanga Company’s -sentry as prompted by the wish of the natives to escape from their -rubber dealings with that Company. - -If these dealings are but those of commerce, as has been repeatedly -asserted (_e.g._, “Bulletin Officiel,” June 1903), there would not -appear to be any sufficient pretext for the accusation these natives are -said to have brought against that Company’s sentry. - -We find it stated that the “liberté du commerce” the men of Bosunguma -enjoyed presented itself to them in the following guise:-- - - “Pour ne pas faire de caoutchouc: Kelengo est sentinelle du - caoutchouc.” (Efundu, the 28th September, 1903, p. 24.) - - “Oui; j’ai entendu les indigènes se plaindre qu’ils travaillent - beaucoup pour rien; que les Chefs s’emparaient des mitakos que les - blancs payaient pour la récolte du caoutchouc; enfin, qu’ils - mouraient de faim. Ils ajoutaient qu’ils avaient réclamé plusieurs - fois inutilement,” &c. (Mongombe, the 28th September, 1903, p. 25.) - - “Parce qu’ils étaient fatigués de faire du caoutchouc, qui n’était - plus dans leur forêt. Ils ont cru qu’avec l’intervention des - Anglais ils pourraient se soustraire à un travail très dur, &c..... - Ils ont parlé avec les habitants, qui se plaignaient de ce qu’ils - devaient travailler beaucoup. Ils disaient que le caoutchouc - n’était plus dans leur forêt, qu’ils voulaient faire un travail - moins dur,” &c. (Libuso, the 6th October, 1903, p. 27, “Notes.”) - - “Parce qu’ils trouvent que le travail du caoutchouc est trop dur, - et ont cru de pouvoir s’en libérer, et pour les induire à s’en - occuper ils sont allés leur conter des mensonges.” (Bofoko, the 8th - October, 1903, p. 30, “Notes.”) - -If, as the Congo “Notes” assert on p. 6 (p. 5, _supra_), these -“dépositions sont typiques, uniformes, et concordantes, elles ne -laissent aucun doute sur la cause de l’accident, attestent que les -indigènes ont menti au Consul, et révèlent le mobile auquel ils ont -obéi”--they unquestionably leave no doubt that the relations of the -Lulanga Company to the natives of the surrounding country were not those -of a trading Company engaged in exclusively commercial dealings, but of -an organization compelling, with the approval and support of the -Executive, a widespread system for which no legal authority exists. - -Whatever may have been the truth of the charge against the sentry, the -very evidence cited to disprove it attests that the natives spoke truly -as to their abject condition, and shows that in a region repeatedly -visited by Government officials, traversed weekly by Government -steamers, lying close to the head-quarters of the Executive of the -district, the trading operations of a private Company depended for their -profits upon the “obligation de l’impôt.” - -The appended Table of exports and imports of the Congo State, taken from -the “Bulletin Officiel” for April 1903 (No. 4), will suffice to indicate -the larger aspect of the situation of the native producer:-- - - ----------+---------------+------------------ - | Exports from | Imports to - | Congo State. | Congo State. - +---------------+-------------- - | Fr. | Fr. - 1895 | 10,943,019 | 10,685,847 - 1896 | 12,389,599 | 15,227,776 - 1897 | 15,146,976 | 21,181,462 - 1898 | 22,163,481 | 23,084,446 - 1899 | 36,067,959 | 22,325,846 - 1900 | 47,377,401 | 24,724,108 - 1901 | 50,488,894 | 23,102,064 - 1902 | 50,069,514 | 18,080,909 - ----------+---------------+-------------- - -The exports of native produce (“le négoce des autres produits -indigènes”--“Bulletin Officiel,” April 1903, p. 65), it is seen, have -enormously increased. They have considerably more than trebled in the -six years from 1897 to 1902. - -During the same period the imports into the Congo State--a small portion -of which are trade goods for the purchase of produce or the remuneration -of the producers--remained not merely stationary, but even decreased by -4,000,000 fr. during the last year. - -These figures, as they stand, are remarkable. Their significance is -increased when it is borne in mind that the population of the regions -exporting this great increase of native produce has enormously decreased -during the same period. That decrease is admitted by the authorities. -(“Du reste, il n’est malheureusement que trop exact que la diminution de -la population a été constatée”--“Notes,” p. 2) (p. 2, _supra_). We thus -find that a diminishing population,[150] a diminishing market-value of -the article produced and a diminishing means of purchase have been -accompanied during a period of only six years by a more than trebled -production. - -It may be permitted to doubt whether this state of affairs is adequately -explained anywhere in the Congo Government “Notes.” - -It is not met by the statement on p. 14 (p. 9, _supra_) of this -document:-- - - “Qu’il s’est agi de faire contracter l’habitude de travail à des - indigènes qui y ont été réfractaires de tout temps. - - “Et si cette idée du travail peut être plus aisément inculquée aux - natifs sous la forme de transactions commerciales entre eux et des - particuliers, faut-il nécessairement condamner ce mode d’action?” - &c. - -On the same page of the “Notes” (14) it is sought to institute a -comparison between the system of taxation in force on the Congo and that -in operation in North and Eastern Rhodesia, and the conclusion is drawn -that, since the latter is justified in a British Colonial -administration, no exception can be taken to the former. - -It is only necessary to point out that in North and Eastern Rhodesia, or -in any other British Colony where direct taxation of the natives exists -by law, the tax collector is a Government officer responsible for the -sums levied to a central authority, not a trading agent having a direct -personal interest in the amount of the “obligation de l’impôt.” - -The native under the British system knows the fixed amount of his -obligation, and, once discharged from it, he is free to seek, where he -will, labour or leisure. The Congo taxpayer with an ever-present, -perpetually-recurring, weekly or fortnightly imposition to make good, -may not even leave his village, save as a fugitive, and is a close -bondsman to these endless tasks. - -With regard to the arming of the sentries or “forest guards” in the -employ of the trading Companies on the Upper Congo, the “Notes” throw -doubt on the estimate Mr. Casement formed of the number of these guns, -and the use to which they are put, and it cites Circulars of the -Governor-General of the Congo State, dating from the 12th March, 1897, -to the 30th April, 1901, as evidence that the Executive authority had -been careful to guard against a possible misuse of the arms. - -But the issue of successive Circulars, which, by their own terms, show -clearly that the law had been ignored or evaded, cannot be claimed as an -effective fulfilment of a weighty obligation of the Executive. - -It must further be borne in mind that the Congo Executive were -themselves the direct agency for placing all the arms these Circulars -refer to in the hands of those who are there shown to have ignored the -law. - -Every gun misused on the Upper Congo, with its accompanying ammunition, -was carried to its destination by the vessels of the Government -flotilla, which charged a considerable sum for their transport. They -were housed in Government stores _en route_, for which a charge of -“magasinage” is levied, and were distributed to the “factories” from -Government steamers by Government Agents, who, having made a profit from -their agency in the matter, subsequently issued circular instructions to -those into whose hands they knowingly gave the weapons. - - “Les capitas qui, dans le Haut-Congo, parcourent le pays pour - compte de commerçants, et qui sont pourvus d’un fusil, doivent - également être munis d’un permis de port d’armes.” (Circular of the - 12th March, 1897. Annexe V. “Notes,” p. 34.) - - * * * * * - - “On a voulu y voir l’attribution aux Directeurs de ces Sociétés, et - même à des agents subalternes, du droit de diriger des opérations - militaires offensives, ‘de faire la guerre’ aux populations - indigènes; d’autres, sans même s’inquiéter d’examiner quelles - pourraient être les limites de ce droit de police, se sont servis - de moyens que cette délégation avait mis entre leurs mains, pour - commettre les abus les plus graves. - - “Les armes perfectionnées que les Sociétés posséderaient dans leurs - diverses factoreries ou établissements, et qui doivent faire - l’objet comme les armes d’autres Sociétés n’ayant pas le droit de - police, d’un permis Modèle B, ne peuvent en aucun cas sortir des - établissements pour lesquels elles ont été délivrées. Quant aux - fusils à piston, ils ne peuvent être mis en dehors des factoreries - qu’entre les mains des capitas et à condition que ceux-ci aient un - permis suivant Modèle C.” - - (Circular of the 20th October, 1900; see p. 78, Mr. Casement’s - Report.) - -If the native sentries or capitas of these factories ranged the country -with unlicensed arms, if these “Commercial” Companies made war on the -natives, it was the Congo Government which carried those arms to their -destinations and placed them in the hands of those who used them -illegally. - - “Nonobstant les précautions incessantes, le Consul a constaté que - plusieurs capitas n’étaient pas porteurs de permis.” - - (“Notes” of the Congo Government, the 12th March, 1904.) - -The law prescribes clearly that no weapon can be issued for individual -use save on the authority and personal licence of the Government. - -That this law can be effectively observed was evidenced in Mr. -Casement’s own case. A Winchester rifle for his use arrived on the Congo -while he was in the interior. It could not be dispatched to him from -Boma to Stanley Pool (where he found it on coming down river) until a -licence had been granted. This rifle was branded and numbered according -to law and the tax of 20 fr. levied. - -A law thus rightly obligatory in the case of a foreign official, who -could not be suspected of misuse of the weapon he had imported, should -have had at least as stringent application to the capitas, and forest -guards and sentries of the numerous Companies, which are shown by the -Government Circulars quoted to have been recognized for years as seeking -to evade the law. - -That the Congo Government have intimate cognizance of the exact number -of guns in use by the commercial Companies on the Upper Congo is -evident, since every case of rifles and “ballot de fusils” imported into -the Congo State has to enter the custom-house of Boma or Matadi, where -it can only be withdrawn by authority. - -Its subsequent transport to the interior is effected often by direct -Government carriage, and always under Government control and -supervision. - -The Government of the Congo State, in concluding these preliminary -“Notes” on Mr. Casement’s Report, formulate a complaint as to the manner -in which he proceeded in investigating native statements brought to his -notice. - -This complaint has application to the one case of the boy Epondo, and to -that case alone. - -In no other instance did he attempt to interrogate, “comme par voie -d’autorité,” any of the many natives whose homes he visited during his -journey. In that one case it may be urged that, however unusual were the -proceedings, it was clearly his duty not to turn a deaf ear to the -appeal the people of Bosunguma addressed to him. - -Whether they spoke truly or falsely in accusing the sentry of the act of -mutilation, he had no option but to seek to arrive at the truth if he -wished his intervention with the local authorities to have any effect. - -Had he contented himself with merely listening to and reporting the -accusation the natives of Bosunguma brought to him at Bonginda, the -officials at Coquilhatville would have said he had formulated a grave -charge against an individual on mere native report, without having taken -the trouble to satisfy himself of its truth. - -He could not, clearly, leave the mutilated boy in the town, where his -assailant was represented as terrorizing the inhabitants. - -It was his obvious duty to go to the spot, to see with his own eyes what -truth lay in the report brought to him at Bonginda. - -Once in Bosunguma, the only way to arrive at anything like the truth was -to see the accusers and the accused face to face and to hear what each -said. - -He distinctly disclaimed any right of intervention or power to help; but -if he was going to report the charge made against the sentry, and to ask -for investigation, it was clearly necessary that he should first find -out whether there was good ground for addressing the local authorities. - -With regard to the question of mutilation, His Majesty’s Government note -with interest that the Congo Government are aware that Mr. Casement is -not alone in his opinion that such atrocities occur (§ 5, p. 5, of -“Notes”) (§ 5, p. 4, _supra_). - -The accusation as to “forced labour on the roads and restrictions which -practically amount to slavery in Fiji” are due to an imperfect -understanding of the communal system under which land is held there. - -Individual land ownership does not exist, and the members of each -commune have to perform their share of the necessary work, whatever it -may be. - -There is also the custom of “lala,” under which the local Chiefs are -entitled to extract a certain number of days’ work from their commoners -for the purpose of planting their gardens, building their houses, &c. - -The Chiefs are bound to feed the workers so employed, and it is nothing -more than a contribution towards their maintenance, paid by the -commoners in work instead of taxes. - -Instances have, no doubt, occurred in which these rights have been -abused, but every effort is made to prevent them. - -The whole system has been in force for centuries, and when His Majesty’s -Government took over the islands it was thought expedient to continue -it. It is understood by the natives, and is eminently suited to the -needs of a primitive and half savage race. - -The allegation as to the flogging of natives is, doubtless, an allusion -to a case which occurred in 1902, of which the facts are briefly as -follows:-- - -A native was arrested for two cases of indecent assault upon European -women. He was tried according to native custom by the Commissioner and -Chiefs of the island to which he belonged, having first been given his -choice of being tried in this way or being referred to the Supreme -Court. He pleaded guilty to one assault, and there was strong evidence -against him in the other case. He was, accordingly, sentenced to be -flogged. - -Although for various reasons this summary procedure was advantageous, -the case should properly have been referred to the Supreme Court. The -Commissioner was, therefore, severely censured for his action. - -The statement that the natives are constantly subject to imprisonment -for frivolous causes is not borne out by any evidence in the possession -of His Majesty’s Government. - - - - -AFRICA. No. 7 (1904). - -FURTHER Correspondence respecting the Administration -of the Independent State of the Congo. - -[In continuation of “Africa No. 1 (1904).”] - -_Presented to both Houses of Parliament by Command -of His Majesty. June 1904._ - -LONDON -PRINTED BY HARRISON AND SONS. - - - - -AFRICA. No. 14 (1903). - -DESPATCH - -TO CERTAIN OF - -HIS MAJESTY’S REPRESENTATIVES ABROAD - -IN REGARD TO - -ALLEGED CASES OF ILL-TREATMENT OF NATIVES - -AND TO THE EXISTENCE OF - -TRADE MONOPOLIES IN THE INDEPENDENT - -STATE OF THE CONGO. - -_Presented to both Houses of Parliament by Command of His Majesty. -October 1903._ - -LONDON: -PRINTED FOR HIS MAJESTY’S STATIONERY OFFICE, -BY HARRISON AND SONS, ST. MARTIN’S LANE, -PRINTERS IN ORDINARY TO HIS MAJESTY. - -And to be purchased, either directly or through any Bookseller, from - -EYRE AND SPOTTISWOODE, EAST HARDING STREET, FLEET STREET, E.C., -AND 32, ABINGDON STREET, WESTMINSTER, S.W.; -OR OLIVER AND BOYD, EDINBURGH; -OR E. PONSONBY, 116, GRAFTON STREET, DUBLIN. - -[Cd. 1809.] _Price_ 1_d._ - - - Despatch to certain of His Majesty’s Representatives abroad in - regard to alleged Cases of Ill-treatment of Natives and to the - Existence of Trade Monopolies in the Independent State of the - Congo. - - - _The Marquess of Lansdowne to His Majesty’s Representatives at - Paris, Berlin, Rome, St. Petersburgh, Vienna, Madrid, - Constantinople, Brussels, Lisbon, the Hague, Copenhagen, and - Stockholm._ - -Sir, - -_Foreign Office, August 8, 1903._ - -The attention of His Majesty’s Government has during recent years been -repeatedly called to alleged cases of ill-treatment of natives and to -the existence of trade monopolies in the Independent State of the Congo. -Representations to this effect are to be found in Memorials from -philanthropic Societies, in communications from commercial bodies, in -the public press, and in despatches from His Majesty’s Consuls. - -The same matters formed the subject of a debate in the House of Commons -on the 20th ultimo, when the House passed the Resolution, a copy of -which is inclosed. - -In the course of the debate, the official record of which is also -inclosed, it was alleged that the object of the Administration was not -so much the care and government of the natives as the collection of -revenue; that this object was pursued by means of a system of forced -labour, differing only in name from slavery; that the demands upon each -village were exacted with a strictness which constantly degenerated into -great cruelty, and that the men composing the armed force of the State -were in many cases recruited from the most warlike and savage tribes, -who not infrequently terrorized over their own officers and maltreated -the natives without regard to discipline or fear of punishment. - -As regards the ill-treatment of natives, a distinction may be drawn -between isolated acts of cruelty committed by individuals, whether in -the service of the State or not, and a system of administration -involving and accompanied by systematic cruelty or oppression. - -The fact that many individual instances of cruelty have taken place in -the Congo State is proved beyond possibility of contradiction by the -occurrence of cases in which white officials have been convicted of -outrages on natives. These white officials must, however, in view of the -vast extent of the territory under their administration, in most cases -be of necessity isolated the one from the other, with the result that -detection becomes additionally difficult. It is therefore not unfair to -assume that the number of convictions falls considerably short of the -number of actual offences committed. - -It is, however, with regard to the system of administration that the -most serious allegations are brought against the Independent State. - -It is reported that no efforts are made to fit the native by training -for industrial pursuits; that the method of obtaining men for labour or -for military service is often but little different from that formerly -employed to obtain slaves; and that force is now as much required to -take the native to the place of service as it used to be to convey the -captured slave. It is also reported that constant compulsion has to be -exercised in order to exact the collection of the amount of forest -produce allotted to each village as the equivalent of the number of -days’ labour due from the inhabitants, and that this compulsion is often -exercised by irresponsible native soldiers uncontrolled by any European -officer. - -His Majesty’s Government do not know precisely to what extent these -accusations may be true; but they have been so repeatedly made, and have -received such wide credence, that it is no longer possible to ignore -them, and the question has now arisen whether the Congo State can be -considered to have fulfilled the special pledges, given under the Berlin -Act, to watch over the preservation of the native tribes, and to care -for their moral and material advancement. - -The graver charges against the State relate almost exclusively to the -upper valleys of the Congo and of its affluents. The lands forming these -vast territories are held either by the State itself or by Companies -closely connected with the State, under a system which, whatever its -object, has effectually kept out the independent trader, as opposed to -the owner or to the occupier of the soil, and has consequently made it -difficult to obtain independent testimony. - -His Majesty’s Government have further laboured under the disadvantage -that British interests have not justified the maintenance of a large -Consular staff in the Congo territories. It is true that in 1901 His -Majesty’s Government decided to appoint a Consul of wide African -experience to reside permanently in the State, but his time has been -principally occupied in the investigation of complaints preferred by -British subjects, and he has as yet been unable to travel into the -interior and to acquire, by personal inspection, knowledge of the -condition of the enormous territory forming his district. - -His reports on the cases of British subjects, which have formed the -basis of representations to the Government of the Independent State, -afford, however, examples of grave maladministration and ill-treatment. -These cases do not concern natives of the Congo State, and are therefore -in themselves alien to the subject of this despatch; but as they -occurred in the immediate vicinity of Boma, the seat of the central -staff, and in regard to British subjects, most of whom were under formal -engagements, they undoubtedly lead to the belief that the natives, who -have no one in the position of a Consul to whom they can appeal and have -no formal engagements, receive even less consideration at the hands of -the officers of the Government. - -Moreover, information which has reached His Majesty’s Government from -British officers in territory adjacent to that of the State tends to -show that, notwithstanding the obligations accepted under Article VI of -the Berlin Act, no attempt at any administration of the natives is made, -and that the officers of the Government do not apparently concern -themselves with such work, but devote all their energy to the collection -of revenue. The natives are left entirely to themselves, so far as any -assistance in their government or in their affairs is concerned. The -Congo stations are shunned, the only natives seen being soldiers, -prisoners, and men who are brought in to work. The neighbourhood of -stations which are known to have been populous a few years ago is now -uninhabited, and emigration on a large scale takes place to the -territory of neighbouring States, the natives usually averring that they -are driven away from their homes by the tyranny and exaction of the -soldiers. - -The sentiments which undoubtedly animated the founders of the Congo -State and the Representatives of the Powers at Berlin were such as to -deserve the cordial sympathy of the British Government, who have been -loath to believe either that the beneficent intentions with which the -Congo State was constituted, and of which it gave so solemn a pledge at -Berlin, have in any way been abandoned, or that every effort has not -been made to realize them. - -But the fact remains that there is a feeling of grave suspicion, widely -prevalent among the people of this country, in regard to the condition -of affairs in the Congo State, and there is a deep conviction that the -many charges brought against the State’s administration must be founded -on a basis of truth. - -In these circumstances, His Majesty’s Government are of opinion that it -is incumbent upon the Powers parties to the Berlin Act to confer -together and to consider whether the obligations undertaken by the Congo -State in regard to the natives have been fulfilled; and, if not, whether -the Signatory Powers are not bound to make such representations as may -secure the due observance of the provisions contained in the Act. - -As indicated at the beginning of this despatch, His Majesty’s Government -also wish to bring to the notice of the Powers the question which has -arisen in regard to rights of trade in the basin of the Congo. - -Article I of the Berlin Act provides that the trade of all nations shall -enjoy complete freedom in the basin of the Congo; and Article V provides -that no Power which exercises sovereign rights in the basin shall be -allowed to grant therein a monopoly or favour of any kind in matters of -trade. - -In the opinion of His Majesty’s Government, the system of trade now -existing in the Independent State of the Congo is not in harmony with -these provisions. - -With the exception of a relatively small area on the lower Congo, and -with the further exception of the small plots actually occupied by the -huts and cultivation patches of the natives, the whole territory is -claimed as the private property either of the State or of holders of -land concessions. Within these regions the State or, as the case may be, -the concession-holder alone may trade in the natural produce of the -soil. The fruits gathered by the natives are accounted the property of -the State, or of the concession-holder, and may not be acquired by -others. In such circumstances, His Majesty’s Government are unable to -see that there exists the complete freedom of trade or absence of -monopoly in trade which is required by the Berlin Act. On the contrary, -no one other than the agents of the State or of the concession-holder -has the opportunity to enter into trade relations with the natives; or -if he does succeed in reaching the natives, he finds that the only -material which the natives can give in exchange for his trade goods or -his money are claimed as having been the property of the State or of the -concession-holder from the moment it was gathered by the native. - -His Majesty’s Government in no way deny either that the State has the -right to partition the State lands among _bonâ fide_ occupants, or that -the natives will, as the land is so divided out among _bonâ fide_ -occupiers, lose their right of roaming over it and collecting the -natural fruits which it produces. But His Majesty’s Government maintain -that until unoccupied land is reduced into individual occupation, and so -long as the produce can only be collected by the native, the native -should be free to dispose of that produce as he pleases. - -In these circumstances, His Majesty’s Government consider that the time -has come when the Powers parties to the Berlin Act should consider -whether the system of trade now prevailing in the Independent State is -in harmony with the provisions of the Act; and, in particular, whether -the system of making grants of vast areas of territory is permissible -under the Act if the effect of such grants is in practice to create a -monopoly of trade by excluding all persons other than the -concession-holder from trading with the natives in that area. Such a -result is inevitable if the grants are made in favour of persons or -Companies who cannot themselves use the land or collect its produce, but -must depend for obtaining it upon the natives, who are allowed to deal -only with the grantees. - -His Majesty’s Government will be glad to receive any suggestions which -the Governments of the Signatory Powers may be disposed to make in -reference to this important question, which might perhaps constitute, -wholly or in part, the subject of a reference to the Tribunal at the -Hague. - -I request that you will read this despatch to the Minister for Foreign -Affairs, and leave a copy of it with his Excellency. - -I am, &c. -(Signed) LANSDOWNE. - - -FOOTNOTES: - - [1] See Africa No. 14 (1903). - - [2] “Transactions of the Aborigines Protection Society, 1890-1896,” p. - 155. - - [3] “Transactions of the Aborigines Protection Society, 1890-1896,” p. - 155. - - [4] See Annex No. 1. - - [5] Copies have been sent to the Library of each House of Parliament. - - [6] Penal Code, Art. 56 (Decree of the 26th May, 1888, Bulletin - Officiel, 1897, p. 31). - - [7] Penal Code, Art. 57 (idem, p. 31). - - [8] Bulletin Officiel, 1885, p. 31. - - [9] Bulletin Officiel, 1887, p. 72. - - [10] Bulletin Officiel, 1888, p. 3. - - [11] Bulletin Officiel, 1889, p. 218. - - [12] See p. 60. - - [13] See p. 60. - - [14] See p. 64. - - [15] See p. 70. - - [16] See p. 76. - - [17] See p. - - [18] See p. 78. - - [19] See p. 80. - - [20] See p. 81. - - [21] _September 12._ Mr. Whitehead informed me when I passed Lukolela - this day, nine of these twenty have died since he wrote the above.--R. - C. - - [22] Brass rods. - - [23] The name of a Military Officer in Command of the troops at that - date. - - [24] The 62 convictions mentioned occurred between July 1894 and March - 1898, not February 1896, as stated in the quotation from an “English - publicist.” - - [25] Nos. 1, 2, 3, and 4. - - [26] Rapport, p. 21. - - [27] Idem, p. 26. - - [28] M. Boudot, missionnaire de la Congo Batolo Mission. “Regions - Beyond,” Décembre 1901, p. 337. - - [29] W. H. Bentley, “Pioneering on the Congo,” II, p. 229. - - [30] Idem, p. 243. - - [31] W. H. Bentley, “Pioneering on the Congo,” II, pp. 234-236. - - [32] Rapport, p. 29. - - [33] Voir Annexe 3. - - [34] Rapport, p. 58. - - [35] Idem, p. 58. - - [36] Idem, p. 56. - - [37] Voir Annexe No. 2. - - [38] “Regions Beyond,” 1900, p. 198. - - [39] “Regions Beyond,” Janvier-Février 1903, p. 53. - - [40] Voir Annexe No. 2: “Present, Rev. W. D. Armstrong and Rev. D. - J. Danielson, of the Congo Balolo Mission of Bonginda, Vinda Bidiloa - (Consul’s Headman) and Bateko, as interpreters, and His Britannic - Majesty’s Consul.” Ce passage est omis dans l’Annexe 6 du Rapport du - Consul (p. 78). - - [41] Rapport, p. 34. - - [42] Idem, pp. 76, 77. - - [43] Comparez Rapport, pp. 54, 55, et 58. - - [44] Rapport, pp. 54, 55. - - [45] Idem, p. 56. - - [46] Idem, p. 56. - - [47] Idem, p. 62. - - [48] Idem, p. 57. - - [49] “Review of Reviews,” February 14, 1903. - - [50] “La Tribuna” de Rome. - - [51] Rapport, Annexe 4, p. 77. - - [52] Rapport, Annexe 4, p. 30. - - [53] Rapport, p. 30. - - [54] “Ten Years at Bonginda,” D. McKittrick, “Regions Beyond,” p. 21. - - [55] “Congo Contrasts,” Mr. Boudot, “Regions Beyond,” 1900, p. 197. - - [56] Rapport, p. 34. - - [57] “Regions Beyond,” 1900, p. 150; 1902, p. 209. - - [58] Idem, _passim_. - - [59] Idem, 1900, p. 150. - - [60] Idem, 1901, p. 27. - - [61] Idem, 1900, p. 199. - - [62] Idem, 1900, pp. 243, 297, 306. - - [63] Idem, 1901, p. 40; 1902, p. 315. - - [64] Idem, 1901, p. 40. - - [65] Idem, 1900, p. 196. - - [66] “Regions Beyond,” 1901, p. 43. - - [67] Idem, 1901, p. 60. - - [68] Rapport, p. 28. - - [69] “Reports on the Administration of Rhodesia,” 1900-1902, p. 408. - - [70] “Reports on the Administration of Rhodesia,” 1900-1902, p. 424. - - [71] Décret du 6 Octobre, 1891 (“Bulletin Officiel,” 1891, p. 259). - - [72] “Reports on the Administration of Rhodesia,” 1900-1902, p. 409. - - [73] Idem, p. 410. - - [74] Idem, p. 410. - - [75] Idem, pp. 145, 146. - - [76] Rapport, p. 44. - - [77] Annexe 3, p. 26. - - [78] “Reports on the Administration of Rhodesia,” 1900-1902, pp. 397 - et suivantes. - - [79] Rapport, p. 57. - - [80] Idem, p. 42. - - [81] Idem, p. 43. - - [82] La Circulaire du 7 Septembre, 1903, concerne “l’interdiction” - d’envoyer des soldats armés sous la conduite des gradés noirs, et non, - comme le dit la copie erronée produite par le Consul “l’instruction” - (Annexe 7 du Rapport, p. 80). - - [83] Report, p. 21. - - [84] Idem, p. 26. - - [85] M. Boudot, missionary of the Congo Batolo Mission. “Regions - Beyond,” December 1901, p. 337. - - [86] W. H. Bentley. “Pioneering on the Congo,” II, p. 229. - - [87] Idem, p. 243. - - [88] “Pioneering on the Congo,” by the Rev. W. Holman Bentley, II, pp. - 235-236. - - [89] Report, p. 29. - - [90] K K in “Africa No. 1 (1904).” - - [91] See Annex No. 3. - - [92] Report, p. 58. - - [93] Idem, p. 58. - - [94] Idem, p. 56. - - [95] See Annex No. 2 (really Inclosure 6 in No. 3). - - [96] “Regions Beyond,” 1900, p. 198. - - [97] Idem, January-February, 1903, p. 53. - - [98] See Annex No. 2. “Present: Rev. W. D. Armstrong and Rev. D. J. - Danielson of the Congo Balolo Mission of Bonginda, Vinda Bidilou - (Consul’s headman) and Bateko as interpreters, and His Britannic - Majesty’s Consul.” This passage is omitted in Annex No. 6 of the - Consul’s Report (p. 78). - - [99] Report, p. 34. - - [100] Idem, pp. 76 and 77. - - [101] _Cf._ Report, pp. 54 and 55 and p. 58. - - [102] Report, pp. 54, 55. - - [103] Idem, p. 56. - - [104] Idem, p. 56. - - [105] Idem, p. 62. - - [106] Idem, p. 57. - - [107] “Review of Reviews,” February 14, 1903. - - [108] The “Tribuna” of Rome. - - [109] Report. Annex No. 4, p. 77. - - [110] Idem, p. 30. - - [111] Idem, p. 30. - - [112] “Ten Years at Bonginda.” D. McKittrick. “Regions Beyond,” 1900, - p. 21. - - [113] “Congo Contrasts.” Mr. Boudot. “Regions Beyond,” 1900, p. 197. - - [114] Report, p. 34. - - [115] “Regions Beyond,” 1900, p. 150; 1902, p. 209. - - [116] Idem, _passim_. - - [117] Idem, 1900, p. 150. - - [118] Idem, 1901, p. 27. - - [119] Idem, 1900, p. 199. - - [120] Idem, 1900, pp. 243, 297, 306. - - [121] Idem, 1901, p. 40; 1902, p. 315. - - [122] Idem, 1901, p. 40. - - [123] Idem, 1900, p. 196. - - [124] Idem, 1901, p. 43. - - [125] Idem, 1901, p. 60. - - [126] Report, p. 28. - - [127] Reports on the Administration of Rhodesia, 1900-1902, p. 408. - - [128] Reports on the Administration of Rhodesia, 1900-1902, p. 408. - - [129] Decree of the 6th October, 1891 (“Bulletin Officiel,” 1891, p. - 259). - - [130] Reports on the Administration of Rhodesia, 1900-1902, p. 409. - - [131] Idem, p. 410. - - [132] Idem, p. 410. - - [133] Reports on the Administration of Rhodesia, 1900-1902, pp. 145, - 146. - - [134] Report, p. 44. - - [135] Annex III, p. 26. - - [136] Reports on the Administration of Rhodesia, 1900-1902, pp. 397, - &c. - - [137] Report, p. 57. - - [138] Idem, p. 42. - - [139] Report, p. 43. - - [140] The Circular of the 7th September, 1903, has reference to - the “prohibition” to dispatch armed soldiers in charge of black - non-commissioned officers, and not, as would appear from the incorrect - copy produced by the Consul, to the “instruction.” (Annex VII of the - Report, p. 80). - - [141] Passage omis dans le texte de ces notes, tel qu’il se trouve - reproduit à l’Annexe 6 du Rapport du Consul. - - [142] Passage omis dans le texte annexé au Rapport. - - [143] Les déclarations suivantes sont omises dans le texte annexé au - Rapport. - - [144] Numéro d’ordre du procès-verbal. - - [145] Nom du Chef reconnu. - - [146] Nom du village ou des villages sous la dépendance du Chef. - - [147] Région sur laquelle il exerce son autorité.--Mentionner si - l’investiture lui a été donnée pour toute la région. - - [148] Nom du Chef auquel il peut être soumis. - - [149] Article 9 du Décret du 10 Mars, 1892 (“Bulletin Officiel” de - 1892, p. 14):-- - - “Quiconque commettra ou laissera commettre par des subordonnés, des - infractions au présent Décret, ainsi qu’aux Arrêtés et Règlements - d’exécution, sera puni de 100 à 1,000 fr. d’amende et de servitude - pénale n’excédant pas une année, ou de l’une de ces peines seulement. - La peine de servitude pénale sera toujours prononcée, et elle pourra - être portée à cinq ans lorsque le délinquant se sera livré au trafic - des armes à feu ou de leurs munitions dans les régions où sévit la - Traite. - - “Dans les cas prévus ci-dessus, les armes, la poudre, les balles, et - cartouches sont confisquées.” - - [150] See Circular of Governor-General of 29th March, 1901, printed as - an Appendix to Mr. Casement’s Report in “Africa No. 1 (1904),” p. 81. - - - - - - - - -End of the Project Gutenberg EBook of The Casement Report, by Roger Casement - -*** END OF THIS PROJECT GUTENBERG EBOOK THE CASEMENT REPORT *** - -***** This file should be named 50573-0.txt or 50573-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/0/5/7/50573/ - -Produced by Chuck Greif and the Online Distributed -Proofreading Team at http://www.pgdp.net (This file was -produced from images available at The Internet Archive) - - -Updated editions will replace the previous one--the old editions -will be renamed. - -Creating the works from public domain print editions means that no -one owns a United States copyright in these works, so the Foundation -(and you!) can copy and distribute it in the United States without -permission and without paying copyright royalties. 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You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org/license - - -Title: The Casement Report - Correspondence and Report from His Majesty's Consul at - Boma Respecting the Administration of the Independent State - of the Congo. - -Author: Roger Casement - -Release Date: November 29, 2015 [EBook #50573] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK THE CASEMENT REPORT *** - - - - -Produced by Chuck Greif and the Online Distributed -Proofreading Team at http://www.pgdp.net (This file was -produced from images available at The Internet Archive) - - - - - - -</pre> - -<hr class="full" /> - -<div class="figcenter"> -<img src="images/cover.jpg" width="266" height="500" alt="" title="" /> -</div> - -<div class="bboxx"> - -<p class="c"><big>ACCOUNTS AND PAPERS:</big><br /><br /> - -<i>SIXTY-FIVE VOLUMES</i>.<br /> -———<br /> -—(14.)—<br /><br /> - -COLONIES AND BRITISH POSSESSIONS—<i>continued</i>.<br /> -———<br /> -AFRICA—<i>continued</i>.<br /> </p> - -<hr class="dbl" /> -<p class="c">Session<br /> -<i>2 February 1904—15 August 1904.</i></p> -<hr class="dbl" /> - -<p class="c">VOL. LXII.</p> -</div> - -<p class="c">1904.</p> - -<div class="blockquot50"><p class="hang"><span class="smcap">Correspondence</span> relating to the Recruitment of Labour in the British -Central Africa Protectorate for Employment in the Transvaal.</p></div> - -<p class="c"> -[In continuation of “Africa No 2 (1903).”]<br /> -</p> - -<hr class="dbl" /> -<p class="c"><i>Presented to both Houses of Parliament by His<br /> -Majesty’s Command. March 1904.</i></p> - -<hr class="dbl" /> - -<p class="c"> -LONDON:<br /> -PRINTED BY HARRISON AND SONS<br /> -</p> - -<hr /> - -<p class="c"> -AFRICA. No. 1 (1904).<br /> -<br /> -CORRESPONDENCE<br /> -<br /> -AND<br /> -<br /> -REPORT FROM HIS MAJESTY’S CONSUL AT BOMA<br /> -<br /> -RESPECTING THE<br /> -<br /> -ADMINISTRATION<br /> -<br /> -OF THE<br /> -<br /> -INDEPENDENT STATE OF THE CONGO.<br /> </p> - -<hr class="full" /> -<p class="c"><i>Presented to both Houses of Parliament by Command of His Majesty.</i><br /> -<i>February 1904.</i></p> - -<hr class="full" /> - -<p class="c"><small>LONDON:<br /> -PRINTED FOR HIS MAJESTY’S STATIONERY OFFICE,<br /> -BY HARRISON AND SONS, ST. MARTIN’S LANE,<br /> -PRINTERS IN ORDINARY TO HIS MAJESTY.<br /> -<br /> -And to be purchased, either directly or through any Bookseller, from<br /> -<span class="smcap">EYRE and SPOTTISWOODE, East Harding Street, Fleet Street, R.C.,<br /> -and 32, Abingdon Street, Westminster, S.W.;<br /> -or OLIVER and BOYD, Edinburgh;<br /> -or E. PONSONBY, 116, Grafton Street, Dublin</span>.</small></p> - -<p>[Cd. 1933.] <i>Price</i> 8-1/2<i>d.</i></p> - -<h2><a name="TABLE_OF_CONTENTS_I" id="TABLE_OF_CONTENTS_I"></a>TABLE OF CONTENTS.</h2> - -<table border="1" cellpadding="1" cellspacing="0" summary=""> - -<tr valign="top"><td>No.</td> -<td>Name.</td> -<td>Date. </td> -<td>Subject.</td> -<td>Page.</td></tr> - -<tr valign="top"><td align="right"><a href="#No_1-I">1</a></td> -<td>Lord Cromer</td> -<td>Jan. 21, 1903</td> -<td>Visit to Congo stations of Kiro and Lado. Native - relations with Congo officials. Few natives, to be - seen in the stations</td> -<td align="right" valign="bottom">1</td></tr> - -<tr valign="top"><td align="right"><a href="#No_2-I">2</a></td> -<td>Sir C. Phipps</td> -<td>Sept. 19,</td> -<td>Transmits note from Congo Government in answer - to despatch of 8th August to Powers parties to - the Act of Berlin</td> - -<td align="right" valign="bottom">2</td></tr> - -<tr valign="top"><td align="right"><a href="#No_3-I">3</a></td> -<td>Mr. Casement</td> -<td>Dec. 11,</td> -<td>Transmits report on his visit to interior of Congo - State and on condition of natives</td> -<td align="right" valign="bottom">21</td></tr> - -<tr valign="top"><td align="right"><a href="#No_4-I">4</a></td> -<td>To Sir C. Phipps</td> -<td>Feb. 11, 1904</td> -<td>Transmits Memorandum in answer to note of Congo - Government of 12th September inclosed in No. 2</td> - -<td align="right" valign="bottom">82</td></tr> - -<tr valign="top"><td align="right"><a href="#No_5-I">5</a></td> - -<td>To His Majesty’s - Representatives at Paris - and other Capitals</td> - -<td> Feb. 12,</td> - -<td>Transmits papers on condition of affairs in Congo - State</td> - -<td align="right" valign="bottom">84</td></tr> - -</table> - -<p><span class="pagenum"><a name="page_I_1" id="page_I_1"></a></span></p> - -<h2><a name="Correspondence_and_Report_from_His_Majestys_Consul_at_Boma_respecting" id="Correspondence_and_Report_from_His_Majestys_Consul_at_Boma_respecting"></a>Correspondence and Report from His Majesty’s Consul at Boma respecting -the Administration of the Independent State of the Congo.</h2> - -<h3><a name="No_1-I" id="No_1-I"></a>No. 1.<br /><br /> -<small><i>The Earl of Cromer to the Marquess of Lansdowne</i>.—(<i>Received February 9</i>.)</small></h3> - -<p class="nind"> -(Extract.)<br /> -</p> - -<p class="r"> -<i>On the Nile, near Kiro, January 21, 1903</i><br /> -</p> - -<p>I have just visited the Belgian stations of Kiro and Lado, as also the -station of Gondokoro in the Uganda Protectorate.</p> - -<p>Your Lordship may like to receive some remarks on the impressions I -derived as regards the Belgian positions on the Upper Nile.</p> - -<p>I should, in the first instance, observe that Commandant Hanolet, who is -in charge of the district, was absent in the interior of the country; -but Sir Reginald Wingate and myself were most courteously received by -the officers in command at Kiro and Lado.</p> - -<p>From the point of view of appearance, the two Belgian stations contrast -favourably with any of the Soudanese stations on the Nile, and still -more favourably with Gondokoro in the Uganda Protectorate. The principal -dwelling-houses are of brick. They seem to be well built. The stations -are kept scrupulously clean. The troops are well housed. Flourishing -gardens have been created. I counted the graves of nine Europeans at -Kiro, all of whom died of fever, but I am informed that the health of -the place is now greatly improved.</p> - -<p>I had heard so many and such contradictory accounts of the Belgian -Administration that I was very desirous of ascertaining some concise and -definite evidence on this subject. During a hurried visit, and with -opportunities of observation confined to the banks of the river, I -scarcely anticipated that I should be able to arrive at any independent -opinion on the point at issue. I saw and heard, however, quite enough to -gain an insight into the spirit which pervades the Administration.</p> - -<p>It must be remembered that the 1,100 miles of country which I traversed -between Khartoum and Gondokoro has, until recently, been the prey of -slave-dealers, Egyptian Pashas, and dervishes. Under the circumstances, -it might well have been expected that much time would be required to -inspire confidence in the intentions of the new Government. It is, -however, certain that, with the exception of a portion of the Nuer -tribe, who live in a very remote region on the upper waters of the -Sobat, confidence has been completely established in those districts -which are under British rule. Except in the uninhabitable “Sudd” region, -numerous villages are dotted along the banks of the river. The people, -far from flying at the approach of white men as was formerly the case, -run along the banks, making signs for the steamer to stop. It is clear -that the Baris, Shilluks, and Dinkas place the utmost trust and -confidence in the British officers with whom they are brought in -contact. In spite of the difficulties of communicating with them through -an interpreter—himself but slightly educated—it was impossible to -mistake their manifest signs and expressions of security and content. -They flock into the Settlements without fear; and if, as often happens, -they will not work, it is merely because they are lazy and have few -wants, not because they entertain doubt that they will be paid for -working. These remarks apply equally to Gondokoro, although I was only -able to see a few of the natives there. I had not time to visit the -principal Bari village, which lies at some little distance from the -river.</p> - -<p>The contrast when once Congolese territory is entered is remarkable. -From the frontier to Gondokoro is about 80 miles. The proper left, or -western, bank of the river is Belgian. The opposite bank is either under -the Soudanese or the Uganda Government. There are numerous islands, and -as all these are under British rule—for the thalweg, which, under -Treaty, is the Belgian frontier, skirts the western bank of the -river—<span class="pagenum"><a name="page_I_2" id="page_I_2"></a></span>I cannot say that I had an opportunity of seeing a full 80 miles -of Belgian territory. At the same time, I saw a good deal, and I noticed -that, whereas there were numerous villages and huts on the eastern bank -and on the islands, on the Belgian side not a sign of a village existed. -Indeed, I do not think that any one of our party saw a single human -being in Belgian territory, except the Belgian officers and men and the -wives and children of the latter. Moreover, not a single native was to -be seen either at Kiro or Lado. I asked the Swedish officer at Kiro -whether he saw much of the natives. He replied in the negative, adding -that the nearest Bari village was situated at some distance in the -interior. The Italian officer at Lado, in reply to the same question, -stated that the nearest native village was seven hours distant.</p> - -<p>The reason of all this is obvious enough. The Belgians are disliked. The -people fly from them, and it is no wonder they should do so, for I am -informed that the soldiers are allowed full liberty to plunder, and that -payments are rarely made for supplies. The British officers wander, -practically alone, over most parts of the country, either on tours of -inspection or on shooting expeditions. I understand that no Belgian -officer can move outside the settlements without a strong guard.</p> - -<p>It appears to me that the facts which I have stated above afford amply -sufficient evidence of the spirit which animates the Belgian -Administration, if, indeed, Administration it can be called. The -Government, so far as I could judge, is conducted almost exclusively on -commercial principles, and, even judged by that standard, it would -appear that those principles are somewhat short-sighted.</p> - -<h3><a name="No_2-I" id="No_2-I"></a>No. 2.<br /><br /> -<small><i>Sir C. Phipps to the Marquess of Lansdowne.—(Received September 21.)</i></small></h3> - -<p class="nind"> -My Lord,<br /> -</p> - -<p class="r"> -<i>Brussels, September 19, 1903.</i><br /> -</p> - -<p>I have the honour to transmit herewith copy of a note, together with its -inclosures, which has been addressed by the Congo Government to the -Representatives at Brussels of the Powers parties to the Act of Berlin -to which your Lordship’s Circular despatch of the 8th August respecting -the affairs of the Independent State of the Congo had been -communicated.<a name="FNanchor_1_1" id="FNanchor_1_1"></a><a href="#Footnote_1_1" class="fnanchor">[1]</a></p> - -<p>M. de Cuvelier, in handing me these documents, stated that he had been -instructed to follow the same procedure as that adopted by His Majesty’s -Government.</p> - -<p class="r"> -I have, &c.<br /> -(Signed) CONSTANTINE PHIPPS.<br /> -</p> - -<h4>Inclosure in No. 2.</h4> - -<p>Le Gouvernement de l’État Indépendant du Congo, ayant eu connaissance de -la dépêche du Foreign Office, datée du 8 Août dernier, remise aux -Puissances Signataires de l’Acte de Berlin, constate qu’il est d’accord -avec le Gouvernement de Sa Majesté sur deux points fondamentaux, à -savoir, que les indigènes doivent être traités avec humanité et menés -graduellement dans les voies de la civilisation, et que la liberté de -commerce, dans le bassin conventionnel du Congo, doit être entière et -complète.</p> - -<p>Mais il nie que la manière dont est administré l’État entraînerait un -régime systématique “de cruauté ou d’oppression” et que le principe de -la liberté commerciale apporterait des modifications au droit de -propriété tel qu’il est universellement compris, alors qu’il n’est pas -un mot à cet effet dans l’Acte de Berlin. L’État du Congo note qu’il ne -se trouve dans cet Acte aucune disposition qui consacrerait des -restrictions quelconques à l’exercice du droit de propriété ou qui -reconnaîtrait aux Puissances Signataires un droit d’intervention dans -les affaires d’administration intérieure les unes des autres. Il tient à -se montrer fidèle observateur de l’Acte de Berlin, de ce grand Acte -International qui lie toutes les Puissances Signataires ou adhérentes, -en ce que dit le sens grammatical si clair de son texte, que nul n’a -pouvoir de diminuer ou d’amplifier.</p> - -<p>La note Anglaise remarque que c’est en ces dernières années qu’a pris -consistance la campagne menée en Angleterre contre l’État du Congo, sous -le double prétexte de mauvais traitements des natifs et de l’existence -de monopoles commerciaux.<span class="pagenum"><a name="page_I_3" id="page_I_3"></a></span></p> - -<p>Il est à remarquer, en effet, que cette campagne date du jour où la -prospérité de l’État s’affirma. L’État se trouvait fondé depuis des -années et administré comme il l’est aujourd’hui, ses principes sur la -domanialité des terres vacantes, l’organisation et le recrutement de sa -force armée étaient connus et publics, sans que ces philanthropes et ces -commerçants, de l’opinion desquels fait état le début de la note, s’en -montrassent préoccupés. C’était l’époque où le Budget de l’État ne -pouvait s’équilibrer que grâce aux subsides du Roi-Souverain et aux -avances de la Belgique, et où le mouvement commercial du Congo -n’attirait pas l’attention. On ne trouve le terme “the Congo atrocities” -utilisé alors qu’à propos de “the alleged ill-treatment of African -natives by English and other adventurers in the Congo Free State.”<a name="FNanchor_2_2" id="FNanchor_2_2"></a><a href="#Footnote_2_2" class="fnanchor">[2]</a> A -partir de 1895, le commerce de l’État du Congo prend un essor marqué, et -le chiffre des exportations monte progressivement de 10 millions en 1895 -à 50 millions en 1902. C’est aussi à partir d’alors que le mouvement -contre l’État du Congo se dessine. Au fur et à mesure que l’État -affirmera davantage sa vitalité et ses progrès, la campagne ira -s’accentuant, s’appuyant sur quelques cas particuliers et isolés pour -invoquer des prétextes d’humanité et dissimuler le véritable objectif -des convoitises qui, dans leur impatience, se sont cependant trahies -sous la plume des pamphlétaires et par la voix de membres de la Chambre -des Communes, mettant nettement en avant la disparition et le partage de -l’État du Congo.</p> - -<p>Il fallait, dans ce but, dresser contre l’État toute une liste de chefs -d’accusation. Dans l’ordre humanitaire, on a repris, pour les rééditer à -l’infini, les cas allégués de violences contre les indigènes. Car, dans -cette multitude de “meetings,” d’écrits, de discours, dirigés ces -derniers temps contre l’État, ce sont toujours les mêmes faits affirmés -et les mêmes témoignages produits. Dans l’ordre économique, on a accusé -l’État de violation de l’Acte de Berlin, nonobstant les considérations -juridiques des hommes de loi les plus autorisés qui justifient, à toute -évidence de droit, son régime commercial et son système foncier. Dans -l’ordre politique, on a imaginé cette hérésie en droit international -d’un État, dont l’indépendance et la souveraineté sont entières, qui -relèverait d’ingérences étrangères.</p> - -<p>En ce qui concerne les actes de mauvais traitement à l’égard des natifs, -nous attachons surtout de l’importance à ceux qui, d’après la note, ont -été consignés dans les dépêches des Agents Consulaires de Sa Majesté. A -la séance de la Chambre des Communes du 11 Mars, 1903, Lord Cranborne -s’était déjà référé à ces documents officiels, et nous avons demandé à -son Excellence Sir C. Phipps que le Gouvernement Britannique voulût bien -nous donner connaissance des faits dont il s’agissait. Nous réitérons -cette demande.</p> - -<p>Le Gouvernement de l’État n’a jamais d’ailleurs nié que des crimes et -délits se commissent au Congo, comme en tout autre pays ou toute autre -Colonie. La note reconnaît elle-même que ces faits délictueux ont été -déférés aux Tribunaux et que leurs auteurs ont été punis. La conclusion -à en tirer est que l’État remplit sa mission; la conclusion que l’on en -déduit est que “many individual instances of cruelty have taken place in -the Congo State” et que “the number of convictions falls considerably -short of the number of actual offences committed.” Cette déduction ne -paraît pas nécessairement indiquée. Il semble plus logique de dire que -les condamnations sévères prononcées seront d’un salutaire exemple et -qu’on peut en espérer une diminution de la criminalité. Que si -effectivement des actes délictueux, sur les territoires étendus de -l’État, ont échappé à la vigilance de l’autorité judiciaire, cette -circonstance ne serait pas spéciale à l’État du Congo.</p> - -<p>La note Anglaise procède surtout par hypothèses et par suppositions: “It -was alleged.... It is reported.... It is also reported....” et elle en -arrive à dire que “His Majesty’s Government do not know precisely to -what extent these accusations may be true.” C’est la constatation que, -aux yeux du Gouvernement Britannique lui-même, les accusations dont il -s’agit ne sont ni établies ni prouvées. Et, en effet, la violence, la -passion et l’invraisemblance de nombre de ces accusations les rendent -suspectes aux esprits impartiaux. Pour n’en donner qu’un exemple, on a -fait grand état de cette allégation que, sur un train descendant de -Léopoldville à Matadi, trois wagons étaient remplis d’esclaves, dont une -douzaine étaient enchaînés, sous la garde de soldats. Des renseignements -ont été demandés au Gouverneur-Général. Il répond: “Les individus -représentés comme composant un convoi d’esclaves étaient, pour la plus -grande majorité (125), des miliciens dirigés du district de -Lualaba-Kassaï, du Lac Léopold II et des Bangalas, sur le camp du -Bas-Congo. Vous trouverez annexés les états relatifs à ces individus. -Quant aux hommes<span class="pagenum"><a name="page_I_4" id="page_I_4"></a></span> enchaînés, ils constituaient un groupe d’individus -condamnés par le Tribunal territorial de Basoko et qui venaient purger -leur peine à la maison centrale de Boma. Ce sont les numéros 3642 à 3649 -du registre d’écrou de la prison de Boma.”</p> - -<p>C’est ainsi encore qu’une “interview” toute récente, reproduisant les -accusations coutumières de cruauté, est due à un ancien agent de l’Etat -“déclaré impropre au service,” et qui n’a pas vu accepter par l’État sa -proposition d’écrire dans la presse des articles favorables à -l’Administration.</p> - -<p>La note ignore les réponses, démentis, ou rectifications qu’ont amenés, -dans les différents temps où elles se sont produites, les attaques -contre les Agents de l’État. Elle ignore les déclarations officielles -qu’en Juin dernier, le Gouvernement de l’État fit publiquement à la -suite des débats du 20 Mai à la Chambre des Communes, débats annexés à -la note. Nous annexons ici le texte de ces déclarations, qui ont, par -avance, rencontré les considérations de la dépêche du 8 Août.</p> - -<p>Le seul grief nouveau qu’elle énonce—en vue sans doute d’expliquer ce -fait non sans importance, que le Consul Anglais qui a résidé au Congo -depuis 1901 ne paraît pas appuyer de son autorité personnelle les -dénonciations de particuliers—c’est que cet Agent aurait été -“principally occupied in the investigation of complaints preferred by -British subjects.” L’impression en résulterait que de telles plaintes -auraient été exceptionnellement nombreuses. Sans aucun doute, le Consul, -en diverses occasions, s’est mis en rapport avec l’Administration de -Boma dans l’intérêt de ses ressortissants, mais il ne paraît pas que ces -affaires, si l’on en juge par celles d’entre elles dont a eu à s’occuper -la Légation d’Angleterre auprès du Gouvernement Central à Bruxelles, -soient autres, par leur nombre ou leur importance, que celles de la vie -administrative courante: des cas ont notamment visé le règlement de -successions délaissées au Congo par des ressortissants Anglais; -quelques-uns ont eu pour objet la réparation d’erreurs de procédure -judiciaire comme il s’en produit ailleurs, et il n’est pas avancé que -ces réclamations n’ont pas reçu la suite qu’elles comportaient. Le même -Consul, dont la nomination remonte à 1898, écrivait le 2 Juillet, 1901, -au Gouverneur-Général:—</p> - -<p>“I pray believe me when I express now, not only for myself, but for my -fellow-countrymen in this part of Africa, our very sincere appreciation -of your efforts on behalf of the general community—efforts to promote -goodwill among all and to bring together the various elements of our -local life.”</p> - -<p>Les prédécesseurs de Mr. R. Casement—car des Consuls Anglais avec -juridiction sur le Congo ont été appointés par le Gouvernement de Sa -Majesté depuis 1888—ne paraissent pas davantage avoir été absorbés par -l’examen de plaintes multiples; tout au moins une telle appréciation ne -se trouve pas consignée dans le Rapport, le seul publié, de M. le Consul -Pickersgill, qui, par le fait qu’il rend compte de son voyage à -l’intérieur du Congo, jusqu’aux Stanley Falls, dément cette sorte -d’impossibilité, pour les Agents Consulaires Anglais, d’apprécier <i>de -visu</i> toute partie quelconque de leur juridiction.</p> - -<p>Comme allégations contre le système d’administration de l’État, la note -vise les impôts, la force publique et ce qu’on appelle le travail forcé.</p> - -<p>Au fond, c’est la contribution de l’indigène du Congo aux charges -publiques que l’on critique, comme s’il existait un seul pays ou une -seule Colonie où l’habitant, sous une forme ou sous une autre, ne -participe pas à ces charges. On ne conçoit pas un État sans ressources. -Sur quel fondement légitime pourrait-on baser l’exemption de tout impôt -pour les indigènes, alors qu’ils sont les premiers à bénéficier des -avantages d’ordre matériel et moral introduits en Afrique? A défaut de -numéraire, il leur est demandé une contribution en travail. D’autres ont -dit la nécessité, pour sauver l’Afrique de sa barbarie, d’amener le noir -à la compréhension du travail, précisément par l’obligation de -l’impôt:—</p> - -<p>“It is a question (of native labour) which has engaged my most careful -attention in connection with West Africa and other Colonies. To listen -to the right honourable gentleman, you would almost think that it would -be a good thing for the native to be idle. I think it is a good thing -for him to be industrious; and by every means in our power, we must -teach him to work.... No people ever have lived in the world’s history -who would not work. In the interests of the natives all over Africa, we -have to teach them to work.”</p> - -<p>Ainsi s’exprimait Mr. Chamberlain à la Chambre des Communes, le 6 Août, -1901. Et récemment, il disait:—</p> - -<p>“We are all of us taxed, and taxed heavily. Is that a system of forced -labour?... To say that because we put a tax on the native therefore he -is reduced to a condition of servitude and of forced labour is, to my -mind, absolutely ridiculous.... It is perfectly fair to my mind that the -native should contribute something<span class="pagenum"><a name="page_I_5" id="page_I_5"></a></span> towards the cost of administering -the country.” (House of Commons, the 9th March, 1903.)</p> - -<p>“If that really is the last word of civilization, if we are to proceed -on the assumption that the nearer the native or any human being comes to -a pig the more desirable is his condition, of course I have nothing to -say.... I must continue to believe that, at all events, the progress of -the native in civilization will not be secured until he has been -convinced of the necessity and the dignity of labour. Therefore, I think -that anything we reasonably can do to induce the native to labour is a -desirable thing.”</p> - -<p>Et il défendait le principe d’une taxe sur le natif parce que “the -existence of the tax is an inducement to him to work.” (House of -Commons, the 24th March, 1903.)</p> - -<p>Aussi l’exemple de taxes sur les indigènes se retrouve-t-il presque -partout en Afrique. Au Transvaal, chaque natif paie une taxe de -capitation de 2<i>l.</i>; dans l’Orange River Colony, le natif est soumis à -une “poll tax;” dans la Southern Rhodesia, le Bechuanaland, le -Basutoland, dans l’Uganda, au Natal, il est perçu une “hut tax;” au Cap, -on trouve cette “hut tax” et une “labour tax;” dans l’Afrique Orientale -Allemande, il est également perçu un impôt sur les huttes, payable en -argent, en produits, ou en travail. Cette sorte d’impôt a été appliquée -encore dans le Protectorat de Sierra-Leone, où elle a pu être payée “in -kind by rice or palm-nuts,” et la suggestion a été faite “that work on -roads and useful works should be accepted in lieu of payment in money or -produce.”</p> - -<p>On voit donc que le mode de paiement de l’impôt, en argent ou en nature, -n’en altère pas la légitimité, lorsque son taux n’est pas excessif. Tel -est le cas au Congo, où les prestations fournies par l’indigène ne -représentent pas plus de quarante heures de travail par mois. Encore -est-il que ce travail est rétribué et que l’impôt payé en nature fait, -en quelque sorte, l’objet d’une ristourne à l’indigène.</p> - -<p>Partout le paiement de l’impôt est obligatoire; son non-paiement -entraîne des voies de contrainte. Les textes qui établissent les taxes -sur les huttes frappent l’indigène récalcitrant de peines, telles que -l’emprisonnement et le travail forcé. Au Congo non plus, l’impôt n’est -pas facultatif. On a vu, ailleurs, les actes d’autorité qu’a parfois -rendus nécessaires le refus des indigènes de se soumettre à la loi: -telles les difficultés à Sierra-Leone, à propos desquelles un publiciste -Anglais, parlant des agents de la force publique, affirme:—</p> - -<p>“Between July 1894 and February 1896, no fewer than sixty-two -convictions—admittedly representing a small proportion of offences -actually committed—were recorded against them for flogging, plundering, -and generally maltreating the natives.”</p> - -<p>D’autres exemples pourraient être rappelés de l’opposition que rencontre -chez les populations indigènes l’établissement des règles -gouvernementales. Il est fatal que la civilisation se heurte à leurs -instincts de sauvagerie, à leurs coutumes et pratiques barbares; et il -se conçoit qu’elles ne se plient pas sans impatience à un état social -qui leur apparaît comme restrictif de leurs licences et de leurs excès -et qu’elles cherchent même à s’y soustraire. C’est une chose commune en -Afrique que l’exode d’indigènes, passant d’un territoire à l’autre, dans -l’espoir de trouver de l’autre côté des frontières une autorité moins -établie ou moins forte, et de s’exonérer de toute dépendance et de toute -obligation. Il se pourrait, à coup sûr, que des indigènes de l’État se -soient, sous l’empire de telles considérations, déplacés vers les -territoires voisins, encore qu’une sorte d’émigration sur une large -échelle, comme la présente la note Anglaise, n’ait jamais été signalée -par les Commandants des provinces frontières. Il est, au contraire, -constaté, dans la région du Haut-Nil, que des natifs qui s’étaient -installés en territoire Britannique sont revenus sur la rive gauche à la -suite de l’établissement d’impositions nouvellement édictées par -l’autorité Anglaise. Si c’est, d’ailleurs, ces régions qui sont visées, -les informations de la note semblent être en contradiction avec d’autres -renseignements donnés, par exemple, par Sir Harry Johnston:—</p> - -<p>“This much I can speak of with certainty and emphasis: that from the -British frontier near Fort George to the limit of my journeys into the -Mbuba country of the Congo Free State, up and down the Semliki, the -natives appear to be prosperous and happy.... The extent to which they -were building their villages and cultivating their plantations within -the precincts of Fort Mbeni showed that they had no fear of the -Belgians.”</p> - -<p>Le Major H. H. Gibbons, qui s’est trouvé plusieurs mois sur le Haut-Nil, -écrit:—</p> - -<p>“Ayant eu l’occasion de connaître plusieurs officiers et de visiter -leurs stations de l’État du Congo, je suis convaincu que la conduite de -ces messieurs a été bien mal<span class="pagenum"><a name="page_I_6" id="page_I_6"></a></span> interprétée par la presse. J’ai cité comme -preuve mon expérience personnelle, qui est en opposition avec une -version récemment publiée par la presse Anglaise, qui les accuse de -grandes cruautés.”</p> - -<p>La déclaration de Juin dernier, ci-jointe, a fait justice des critiques -contre la force publique de l’État en signalant que son recrutement est -réglé par la loi et qu’il n’atteint qu’un homme sur 10,000. Dire que -“the method of obtaining men for military service is often but little -different from that formerly employed to obtain slaves,” c’est -méconnaître les prescriptions minutieuses édictées pour, au contraire, -éviter les abus. Les levées s’opèrent dans chaque district; les -Commissaires de District règlent, de commun accord avec les Chefs -indigènes, le mode de conscription. Les engagements volontaires et les -multiples réengagements complètent aisément les effectifs qui atteignent -à peine le chiffre modique de 15,000 hommes.</p> - -<p>Ceux qui allèguent, comme le dit la note, que “the men composing the -armed force of the State were in many cases recruited from the most -warlike and savage tribes,” ignorent que la force publique est recrutée -dans toutes les provinces et parmi toute la population du territoire. -Les intérêts de l’État protestent contre cette notion d’une armée que -l’autorité elle-même formerait d’éléments indisciplinés et sauvages et -des exemples—tels que les excès qui ont été mis à charge des -auxiliaires irréguliers utilisés dans l’Uganda, ainsi que les révoltes -qui se sont produites jadis au Congo, imposent, au contraire, une -circonspection spéciale pour la composition de la force armée. Les -cadres Européens, qui se composent d’officiers Belges, Italiens, -Suédois, Norwégiens, et Danois, y maintiennent une sévère discipline, et -l’on chercherait en vain à quelles réelles circonstances fait allusion -l’assertion que les soldats “not infrequently terrorized over their own -officers.” Elle n’est pas plus fondée que cette autre assertion, “that -compulsion is often exercised by irresponsible native soldiers -uncontrolled by an European officer.” Depuis longtemps, l’autorité était -consciente des dangers que présentait l’existence de postes de soldats -noirs, dont le Rapport de Sir D. Chalmers, sur l’insurrection à -Sierra-Leone, a constaté les inévitables abus de pouvoirs. Au Congo, ils -ont été graduellement supprimés.</p> - -<p>Il apparaîtra, à ceux qui ne nient pas l’évidence, que des reproches -articulés contre l’État, le plus injuste est d’avancer “that no attempt -at any administration of the natives is made, and that the officers of -the Government do not apparently concern themselves with such work.”</p> - -<p>On peut s’étonner de trouver semblable affirmation dans une dépêche d’un -Gouvernement dont l’un des membres, Lord Cranborne, Sous-Secrétaire -d’État pour les Affaires Étrangères, disait le 20 Mai dernier:—</p> - -<p>“There was no doubt that the administration of the Congo Government had -been marked by a very high degree of a certain kind of administrative -development. There were railways, there were steamers upon the river, -hospitals had been established, and all the machinery of elaborate -judicial and police systems had been set up.”</p> - -<p>Un autre Membre de la Chambre des Communes reconnaissait—</p> - -<p>“That the Congo State had done good work in excluding alcoholic liquors -from the greater part of their domain, that they had established a -certain number of hospitals, had diminished small-pox by means of -vaccination, and had suppressed the Arab Slave Trade.”</p> - -<p>Si atténuées que soient ces appréciations, encore démentent-elles cette -affirmation d’aujourd’hui que “the natives are left entirely to -themselves, so far as any assistance in their government or in their -affairs is concerned.”</p> - -<p>Telles ne semblent pas être les conclusions auxquelles, déjà en 1898, -arrivait le Consul Anglais Pickersgill.</p> - -<p>“Has the welfare of the African,” se demande-t-il, “been duly cared for -in the Congo State?” Il répond: “The State has restricted the liquor -trade ... it is scarcely possible to over-estimate the service which is -being rendered by the Congo Government to its subjects in this -matter.... Intertribal wars have been suppressed over a wide area, and, -the imposition of European authority being steadily pursued, the -boundaries of peace are constantly extending.... The State must be -congratulated upon the security it has created for all who live within -the shelter of its flag and abide by its laws and regulations.... Credit -is also due to the Congo Government in respect of the diminution of -cannibalism.... The yoke of the notorious Arab Slave Traders has been -broken, and traffic in human beings amongst the natives themselves has -been diminished to a considerable degree.”</p> - -<p>Ce Rapport constatait aussi que les travaux des natifs étaient rémunérés -et<span class="pagenum"><a name="page_I_7" id="page_I_7"></a></span> rendait hommage aux efforts de l’État pour instruire les jeunes -indigènes et ouvrir des écoles.</p> - -<p>Depuis 1898 l’amélioration de la condition générale de l’indigène a -encore progressé. Le portage à dos d’homme, dont précisément Mr. -Pickersgill signalait le côté pénible pour les indigènes, a disparu là -où il était le plus actif, en raison de la mise en exploitation des -voies ferrées. Ailleurs, l’automobile est utilisée comme moyen de -transport. La “sentry”—le poste de soldats nègres qu’il critiquait non -sans raison—n’existe plus. Le bétail est introduit dans tous les -districts. Des Commissions d’Hygiène sont instituées. Les écoles et les -ateliers se sont multipliés.</p> - -<p>“L’indigène,” dit le document ci-joint, “est mieux logé, vêtu, nourri; -il remplace ses huttes par des habitations plus résistantes et mieux -appropriées aux exigences de l’hygiène; grâce aux facilités de -transport, il s’approvisionne des produits nécessaires à ses besoins -nouveaux; des ateliers lui sont ouverts, où il apprend des métiers -manuels—tels que, ceux de forgeron, charpentier, mécanicien, maçon; il -étend ses plantations, et, à l’exemple des blancs, s’inspire des modes -de culture rationnels; les soins médicaux lui sont assurés; il envoie -ses enfants dans les colonies scolaires de l’État et aux écoles des -missionnaires.”</p> - -<p>Il est juste de reconnaître, a-t-on dit à la Chambre des Communes, que -la régénération matérielle et morale de l’Afrique Centrale ne peut être -l’œuvre d’un jour. Les résultats obtenus jusqu’à présent sont -considérables; nous chercherons à les consolider et à les accentuer, -malgré les entraves que l’on s’efforce de mettre à l’action de l’État, -action que l’intérêt bien entendu de la civilisation serait, au -contraire, de favoriser.</p> - -<p>La note Anglaise ne démontre pas que le système économique de l’État est -opposé à l’Acte de Berlin. Elle ne rencontre pas les éléments de droit -et de fait par lesquels l’État a justifié la conformité de ses lois -foncières et de ses concessions avec les dispositions de cet Acte. Elle -n’explique pas pourquoi ni en quoi la liberté de commerce, termes dont -la Conférence de Berlin s’est servie dans leur sens usuel, grammatical -et économique, ne serait plus entière au Congo parce qu’il s’y trouve -des propriétaires.</p> - -<p>La note confond l’exploitation de son bien par le propriétaire avec le -commerce. L’indigène, qui récolte pour compte du propriétaire, ne -devient pas propriétaire des produits récoltés et ne peut naturellement -les céder à autrui, pas plus que l’ouvrier qui extrait les produits -d’une mine ne peut en frustrer le propriétaire en en disposant lui-même. -Ces règles sont de droit et sont mises en lumière dans de multiples -documents: consultations juridiques et décisions judiciaires dont -quelques-unes sont annexées. Le Gouvernement de Sa Majesté ne conteste -pas que l’État a le droit de répartir les terres domaniales entre les -occupants <i>bonâ fide</i> et que l’indigène ne peut plus prétendre aux -produits du sol, mais seulement lorsque “land is reduced into individual -occupation.” La distinction est sans base juridique. Si l’État peut -céder les terres, c’est que l’indigène n’en a pas la propriété, et à -quel titre alors conserverait-il un droit aux produits d’un fonds dont -la propriété est légitimement acquise par d’autres? Pourrait-on -soutenir, par exemple, que la Compagnie du Chemin de Fer du Bas-Congo ou -la Société du Sud-Cameroun ou l’Italien Colonial Trading Company sont -tenues de tolérer le pillage par les indigènes des terres qu’elles ont -reçues, parce qu’elles ne les occuperaient pas actuellement? En fait, -d’ailleurs, au Congo, l’appropriation des terres exploitées en régie ou -par les Compagnies Concessionnaires est chose réalisée. L’État et les -Sociétés ont consacré à leur mise en valeur, notamment des forêts, des -sommes considérables se chiffrant par millions de francs. Il n’y a donc -pas de doute que dans tous les territoires du Congo, l’État exploite -réellement et complètement ses propriétés, tout comme les Sociétés -exploitent réellement et complètement leurs Concessions.</p> - -<p>Cet état de choses existant et consolidé dans l’État Indépendant -permettrait, en ce qui le concerne, de ne point insister plus longuement -sur la théorie formulée par la note et qui envisage tour à tour les -droits de l’État, ceux des occupants <i>bonâ fide</i>, ceux des indigènes.</p> - -<p>Cependant, elle s’impose à l’attention des Puissances par les graves -difficultés qu’elle ferait surgir si elle était implicitement acceptée.</p> - -<p>La nota contient les trois propositions suivantes:—</p> - -<p>“The State has the right to partition the State lands among <i>bonâ fide</i> -occupants.”</p> - -<p>“The natives will, as the land is so divided out amongst <i>bonâ fide</i> -occupiers, lose their right of roaming over it and collecting the -natural fruits which it produces.”</p> - -<p>“Until unoccupied land is reduced into individual occupation and so long -as the<span class="pagenum"><a name="page_I_8" id="page_I_8"></a></span> produce can only be collected by the native, the native should -be free to dispose of that produce as he pleases.”</p> - -<p>Il n’est pas une de ces propositions qui ne semble exclure les deux -autres, et à vrai dire ces contradictions aboutissent à la négation du -droit de Concession.</p> - -<p>S’il a existé des occupants <i>bonâ fide</i>, ils sont devenus propriétaires: -l’occupation, lorsqu’elle trouve à s’exercer, est dans toutes les -législations un des modes d’acquisition de la propriété, et, au Congo, -les titres en dérivant ont été légalement enregistrés. Si la terre n’a -été valablement occupée par personne, elle est sans maître ou, plus -exactement, elle a l’État pour maître: il peut en disposer au profit -d’un tiers, et celui-ci trouve dans cet acte de disposition un titre -complet et absolu. Dans l’un comme dans l’autre cas, il ne se conçoit -pas que les fruits du sol puissent être réservés à d’autres qu’au -propriétaire sous le prétexte qu’il n’est pas apte, en fait, à récolter -les produits de son fonds.</p> - -<p>Par une singulière contradiction, le système de la note dit qu’à la -suite de l’attribution des terres par l’État, les indigènes “lose their -right of collecting the natural fruits,” et, d’autre part, qu’ils -conservent le droit de disposer de ces produits “until unoccupied land -is reduced into individual occupation.” On ne comprend pas la notion -d’un droit appartenant aux natifs qui existerait ou non de par le fait -de tiers. Ou bien, par suite de l’attribution des terres, ils ont perdu -leurs droits, et alors ils les ont perdus totalement et complètement; ou -bien, ils les ont conservés, et ils doivent les conserver, quoique “the -land is reduced into individual occupation.”</p> - -<p>Que faut-il d’ailleurs entendre dans le système de la note par occupants -“<i>bonâ fide</i>” et par “individual occupation?” Qui sera juge du point de -savoir si l’occupant a mis ses terres en état d’occupation individuelle, -s’il était apte à en recueillir les produits ou si c’était encore -l’indigène? Ce serait, en tous cas, des points relevant essentiellement -du droit interne.</p> - -<p>La note, au surplus, est incomplète sur un autre point. Elle dit que là -où l’exploitation ne se ferait pas encore par les ayants droit, la -faculté d’exploiter devrait appartenir aux indigènes. Elle voudrait donc -donner un droit aux indigènes au préjudice des Gouvernements ou des -concessionnaires blancs, mais n’explique pas comment ni par qui le tort -ainsi causé serait compensé ou indemnisé. Quoique le système ainsi -préconisé ne puisse avoir d’application dans l’État du Congo, puisqu’il -ne s’y trouve plus de terres inappropriées, cette remarque s’impose dans -l’intérêt des blancs établis dans le bassin conventionnel. S’il est -équitable de bien traiter les noirs, il est juste de ne pas spolier les -blancs, qui, dans l’intérêt de tous, doivent rester la race dirigeante.</p> - -<p>Économiquement parlant, il serait déplorable qu’en dépit des droits -régulièrement acquis par les blancs, les terres domaniales se -trouvassent livrées aux indigènes, fût-ce temporairement. Ce serait le -retour à leur état d’abandon de jadis, alors que les natifs les -laissaient inproductives, car les récoltes de caoutchouc, les -plantations de café, de cacao, de tabac, &c., datent du jour où l’État -en a pris lui-même l’initiative: le mouvement des exportations était -insignifiant avant l’essor que lui ont donné les entreprises -gouvernementales. Ce serait aussi l’inobservance certaine des mesures -d’exploitation rationnelle, de plantation et de replantation auxquelles -s’astreignent l’État et les Sociétés Concessionnaires pour assurer la -conservation des richesses naturelles du pays.</p> - -<p>Jamais au Congo, que nous sachions, les demandes d’achat des produits -naturels n’ont été adressées aux légitimes propriétaires. Jusqu’ici l’on -n’a cherché à y acheter que des produits provenant de recels, et l’État, -comme c’était son devoir, a fait poursuivre ces tentatives délictueuses.</p> - -<p>La politique de l’État n’a pas, comme on l’a dit, tué le commerce: elle -l’a, au contraire, créé, et elle perpétue la matière commerciale; c’est -grâce à elle que, sur le marché commercial d’Anvers et bientôt au Congo -même—on examine la possibilité d’y établir des dépôts de vente—peuvent -être offertes annuellement à tous indistinctement, sans privilège ni -monopole, 5,000 tonnes de caoutchouc récolté au Congo, alors -qu’antérieurement, par exemple en 1887, l’exportation du caoutchouc se -chiffrait à peine par 30 tonnes. C’est l’État qui, après avoir à ses -frais créé la matière commerciale, en maintient soigneusement la source -au moyen des plantations et replantations.</p> - -<p>Il n’est pas à oublier que l’État du Congo a dû compter sur ses propres -ressources. Ce fut une nécessité pour lui d’utiliser son domaine dans -l’intérêt général. Toutes les recettes du domaine sont versées au -Trésor, ainsi que le revenu des actions dont l’État est détenteur en -raison de Concessions accordées. Ce n’est même qu’en tirant tout le<span class="pagenum"><a name="page_I_9" id="page_I_9"></a></span> -parti utile de ses domaines et en engageant la plus grande partie de -leurs revenus qu’il a pu contracter des emprunts et provoquer à des -entreprises de chemins de fer par des garanties d’intérêt, réalisant -ainsi l’un des moyens les plus désirés par la Conférence de Bruxelles -pour faire pénétrer la civilisation au centre de l’Afrique. Aussi -n’a-t-il pas hésité à gager ses domaines dans ce but.</p> - -<p>L’Acte de Berlin ne s’y oppose pas, car il n’a édicté aucune -proscription des droits de propriété, comme on veut, après coup, le lui -faire dire, tendant ainsi, consciemment ou non, à la ruine de tout le -bassin conventionnel du Congo.</p> - -<p>Il n’échappera pas non plus aux Puissances que les conclusions de la -note Anglaise, en suggérant une référence à la Cour de La Haye, tendent -à faire considérer comme cas d’arbitrage des questions de souveraineté -et d’administration intérieure que la doctrine courante a toujours -exclues des décisions d’arbitres. Pour ce qui concerne le cas actuel, il -est à supposer que la suggestion d’une référence à la Cour de La Haye a -une portée générale, s’il est vrai que, de l’avis des Chambres de -Commerce Anglaises, “the principles and practice introduced into the -administration of the affairs of the French Congo, the Congo Free State, -and other areas in the conventional basin of the Congo being in direct -opposition to the Articles of the Act of Berlin 1885.” Le Gouvernement -de l’État n’a cessé, pour sa part, de préconiser l’arbitrage pour les -dissentiments d’ordre international qui en comportaient l’application: -ainsi, il voudrait voir déférées à l’arbitrage les divergences de vues -qui se sont produites au sujet du bail des territoires du -Bahr-el-Ghazal.</p> - -<p>Après un examen attentif de la note Anglaise, le Gouvernement de l’État -du Congo reste convaincu qu’en raison du vague et du manque complet de -preuves, ce dont elle fait implicitement l’aveu, il n’est pas une -juridiction au monde, en en supposant une qui ait compétence pour être -saisie, qui puisse, bien loin de prononcer une sorte de condamnation, -prendre une autre décision que celle de ne pas donner suite à de simples -suppositions.</p> - -<p>Si l’État du Congo se voit attaqué, l’Angleterre peut se dire que, plus -que nulle autre nation, elle s’est trouvée, elle aussi, en butte aux -attaques et aux accusations de toute espèce, et longue serait la liste -des campagnes poursuivies en divers temps et jusque dans récentes -occasions contre son administration coloniale. Elle n’a certes pas -échappé aux critiques que lui ont valu ses guerres multiples et -sanglantes contre les populations indigènes ni aux reproches de -violenter les natifs et de porter atteinte à leur liberté. Ne lui a-t-on -pas fait grief de ces longues insurrections à Sierra-Leone—de cet état -d’hostilité dans la Nigérie, où tout dernièrement, d’après les journaux -Anglais, la répression militaire a, en une seule circonstance, coûté la -vie à 700 indigènes, à la plupart de leurs Chefs et au Sultan—de cette -lutte qui se poursuit au Somaliland au prix du sacrifice de nombreuses -vies humaines, sans que cependant il ne soit exprimé à la Chambre des -Communes d’autre regret que celui du chiffre élevé des dépenses?</p> - -<p>Alors que ces attaques adressées à l’Angleterre l’ont laissée -indifférente, il y a lieu d’être surpris de la voir aujourd’hui attacher -une toute autre importance à celles dirigées contre l’État du Congo.</p> - -<p>On peut croire, cependant, que les préférences des indigènes de l’État -du Congo demeurent acquises au Gouvernement d’une petite nation -pacifique, dont les visées restent pacifiques comme a été pacifique sa -création basée sur les Traités conclus avec les indigènes.</p> - -<p class="r"> -(Signé) CHR. DE CUVELIER.<br /> -</p> - -<p><i>Bruxelles, le 17 Septembre, 1903.</i></p> - -<p class="c"> -(Translation.)<br /> -</p> - -<p>The Government of the Independent State of the Congo have examined the -despatch from the Foreign Office, dated the 8th August last, which was -communicated to the Signatory Powers of the Berlin Act, and declare -themselves in agreement with His Majesty’s Government on two fundamental -points, viz., that natives ought to be treated with humanity and -gradually led into the paths of civilization, and that freedom of -commerce in the Conventional Basin of the Congo ought to be entire and -complete.</p> - -<p>They deny, however, that the manner in which the State is administered -involves a systematic régime “of cruelty or oppression,” and that the -principle of commercial freedom would introduce modifications in the -rights of property as universally understood, seeing that there is not a -word to this effect in the Berlin Act. The Congo State observes that -there is in that Act no provision which would sanction restrictions of -any kind on the exercise of the rights of property, or give to one -Signatory Power the right of intervention in the interior administration -of another. It desires faithfully to observe<span class="pagenum"><a name="page_I_10" id="page_I_10"></a></span> the Berlin Act, that great -International Act which binds all Signatory or adhering Powers, -according to the clear grammatical sense of the text, which none has -power either to take from or add to.</p> - -<p>The English note observes that it is within the last few years that a -definite shape has been assumed by the campaign conducted in England -against the Congo State, on the twofold pretext of the ill-treatment of -natives and the existence of commercial monopolies.</p> - -<p>It is indeed worthy of remark that this campaign dates from the time -when the prosperity of the State became assured. The State had been -founded for years, and administered in the same way as it is now, its -principles in regard to the State-ownership of vacant lands, and the -manner in which its armed forces were organized and recruited, were -known to the public, without any interest in the matter being shown by -the philanthropists and traders to whose opinion the note begins by -referring. This was the period during which the State Budget could only -be balanced by means of the King-Sovereign’s subsidies and Belgian -loans, and when the commerce of the Congo did not attract attention. The -term “Congo atrocities” was at that time only used in connexion with -“the alleged ill-treatment of African natives by English and other -adventurers in the Congo Free State.”<a name="FNanchor_3_3" id="FNanchor_3_3"></a><a href="#Footnote_3_3" class="fnanchor">[3]</a> After 1895 the trade of the -Congo State developed remarkably, and the amount of its exports shows a -progressive increase from 10 millions in 1895 to 50 millions in 1902. It -is also about this time that the anti-Congo movement took shape. As the -State gave increased proof of vitality and progress, the campaign became -more active, reliance being placed on a few individual and isolated -cases with a view to using the interests of humanity as a pretext and -concealing the real object of a covetousness which, in its impatience, -has betrayed itself in the writings of pamphleteers and in the speeches -of Members of the House of Commons, in which the abolition and partition -of the Congo State has been clearly put forward.</p> - -<p>Such being the object in view, it became necessary to bring a whole -series of charges against the State. So far as the humanitarian side of -the question is concerned, the alleged cases of violence offered to -natives have once more been brought forward and re-edited <i>ad -infinitum</i>. For in all the meetings, writings, and speeches which have -latterly been directed against the State, it is always the same facts -which are brought up, and the same evidence which is produced. With -regard to the economic side of the question, the State has been accused -of having violated the Act of Berlin, notwithstanding the legal opinions -of such lawyers as are most qualified to speak to the point, which -afford ample legal justification both for its commercial and for its -land system. With regard to the political side, a heresy in -international law has been imagined, viz., that a State, the -independence and sovereignty of which are absolute, should, at the same -time, owe its position to the intervention of foreign Powers.</p> - -<p>With regard to the cases of ill-treatment of natives, we attach special -importance to those which, according to the note, have been reported in -the despatches of His Majesty’s Consular Agents. At the sitting of the -House of Commons on the 11th March, 1903, Lord Cranborne referred to -these official documents, and we have requested through his Excellency -Sir C. Phipps that the British Government will make known to us the -facts alluded to. We repeat the request.</p> - -<p>The Government of the State have, however, never denied that crimes and -offences are committed in the Congo, as in every other country or -Colony. The note itself recognizes that these offences have been brought -before the Tribunals, and that the criminals have been punished. The -conclusion to be drawn from this is that the State fulfils its mission; -the conclusion actually drawn is that “many individual instances of -cruelty have taken place in the Congo State,” and that “the number of -convictions falls considerably short of the number of offences actually -committed.” This deduction does not appear necessarily to follow. It -would seem more logical to say that the severe sentences inflicted will -serve as a wholesome example, and that a decrease of crime may on that -account be looked for. If some offences have indeed, in the extensive -territories of the State, escaped the vigilance of the judicial -authorities, this is a circumstance which is not peculiar to the Congo -State.</p> - -<p>The English note proceeds chiefly on hypotheses and suppositions: “It -was alleged.... It is reported.... It is also reported....” and it even -says that “His Majesty’s Government do not know precisely to what extent -these accusations may be true.” This is an acknowledgment that, in the -eyes of the British Government themselves, the accusations in question -are neither established nor proved. And, indeed, the violence, the -passion, and the improbability of many of these accusations must raise -doubt in an impartial mind as to their genuineness. To give but one<span class="pagenum"><a name="page_I_11" id="page_I_11"></a></span> -example:—a great deal has been made of the statement that, in a train -coming down from Leopoldville to Matadi, three carriages were full of -slaves, a dozen of whom were in chains and guarded by soldiers. The -Governor-General was asked for a report on the case. He replied: “The -individuals represented as composing a convoy of slaves were, the great -majority of them (125), levies proceeding from the district of -Lualaba-Kasai, Lake Leopold II, and the Bangalas to the camp in the -Lower Congo. Annexed you will find lists of these persons. As regards -the men in chains, they were certain individuals on whom sentence had -been passed by the territorial Tribunal at Basoko, and who were on their -way to undergo their sentence at the central prison at Boma. They are -Nos. 3642 to 3649 on the prison register at Boma.”</p> - -<p>In the same way, quite a recent “interview,” in which the usual -accusations of cruelty were reproduced, is due to a person formerly in -the employ of the State, who was “declared unfit for service,” and who -has failed to persuade the State to accept his proposal to write for the -press articles favourable to the Administration.</p> - -<p>The note ignores the replies, contradictions, and corrections which the -attacks on the Agents of the State have occasioned at the various times -when they have taken place. It ignores the official declarations -publicly made by the Government of the State in June last, after the -debate in the House of Commons on the 20th May, the report of which is -annexed to the note. We also annex the text of these declarations which -dealt, by anticipation, with the considerations set forth in the -despatch of the 8th August.</p> - -<p>The only fresh cause of complaint which the note brings -forward—doubtless with the object of explaining the not unimportant -fact that the English Consul, who has resided in the Congo since 1901, -does not appear to support, by his personal authority, the accusations -of private individuals—is that this Agent has been “principally -occupied in the investigation of complaints preferred by British -subjects.” The impression which one would derive from this is that such -complaints have been exceptionally numerous. No doubt the Consul has, on -different occasions, communicated with the Administration at Boma in the -interests of his countrymen, but the subjects of his representations, if -one may judge by such of their number as the English Legation has had to -bring to the notice of the Central Government at Brussels, do not -appear, either in number or importance, to have been more than matters -of every day administrative routine: some cases in particular concerned -the regulation of the succession to property in the Congo left by -deceased English subjects; the object in others was to repair errors of -judicial procedure, such as occur elsewhere, and it is not even alleged -that the proper action has not been taken upon these representations. -The same Consul, who was appointed in 1898, wrote to the -Governor-General on the 2nd July, 1901, as follows:—</p> - -<p>“I pray believe me when I express now, not only for myself, but for my -fellow-countrymen in this part of Africa, our very sincere appreciation -of your efforts on behalf of the general community—efforts to promote -goodwill among all and to bring together the various elements of our -local life.”</p> - -<p>Nor do the predecessors of Mr. R. Casement—for English Consuls with -jurisdiction in the Congo were appointed by His Majesty’s Government as -long ago as 1888—appear to have been absorbed in the examination of -innumerable complaints; at all events, that is not the view taken in the -Report (the only one published) by Consul Pickersgill, who, by the mere -fact of giving an account of his journey into the interior of the Congo -as far as Stanley Falls, disproves the alleged impossibility for the -English Consular Agents to form an opinion <i>de visu</i> in regard to every -part of their district.</p> - -<p>With regard to the charges against the administrative system of the -State, the note deals with taxes, public armed forces, and what is -termed forced labour.</p> - -<p>It is, at bottom, the contributions made by the Congo natives to the -public charges which are criticized, as if there existed a single -country or Colony in which the inhabitants do not, under one form or -another, bear a part in such charges. A State without resources is -inconceivable. On what legitimate grounds could the exemption of natives -from all taxes be based, seeing that they are the first to benefit by -the material and moral advantages introduced into Africa? As they have -no money, a contribution in the shape of labour is required from them. -It has been said that, if Africa is ever to be redeemed from barbarism, -it must be by getting the negro to understand the meaning of work by the -obligation of paying taxes:—</p> - -<p>“It is a question (of native labour) which has engaged my most careful -attention in connection with West Africa and other Colonies. To listen -to the right honourable gentleman, you would almost think that it would -be a good thing for the native to be idle. I think it is a good thing -for him to be industrious; and by every means in our power we must teach -him to work.... No people ever have lived in the world’s<span class="pagenum"><a name="page_I_12" id="page_I_12"></a></span> history who -would not work. In the interests of the natives all over Africa, we have -to teach them to work.”</p> - -<p>Such was the language used by Mr. Chamberlain in the House of Commons on -the 6th August, 1901; and still more recently he expressed himself as -follows:—</p> - -<p>“We are all of us taxed, and taxed heavily. Is that a system of forced -labour?... To say that because we put a tax on the native therefore he -is reduced to a condition of servitude and of forced labour is, to my -mind, absolutely ridiculous.... It is perfectly fair to my mind that the -native should contribute something towards the cost of administering the -country.” (House of Commons, the 9th March, 1903.)</p> - -<p>“If that really is the last word of civilization, if we are to proceed -on the assumption that the nearer the native or any human being comes to -a pig the more desirable is his condition, of course I have nothing to -say.... I must continue to believe that, at all events, the progress of -the native in civilization will not be secured until he has been -convinced of the necessity and the dignity of labour. Therefore, I think -that anything we reasonably can do to induce the native to labour is a -desirable thing.”</p> - -<p>And he defended the principle of taxing the native on the ground that -“the existence of the tax is an inducement to him to work.” (House of -Commons, the 24th March, 1903.)</p> - -<p>Moreover, it is to be observed that in nearly every part of Africa the -natives are taxed. In the Transvaal every native pays a “head tax” of -2<i>l.</i>; in the Orange River Colony he is subject to a “poll tax;” in -Southern Rhodesia, Bechuanaland, Basutoland, Uganda, and Natal a “hut -tax” is levied; in Cape Colony we find a “hut tax” and a “labour tax;” -in German East Africa also a tax is levied on huts, payable either in -money, in kind, or in labour. This species of tax has also been applied -in the Sierra Leone Protectorate, where payment could be made “in kind -by rice or palm nuts,” and it has been suggested that work on roads and -useful works should be accepted in lieu of payment in money or produce.</p> - -<p>The legality of a tax is, therefore, not affected by the mode of its -payment, whether in money or in kind, so long as the amount is not -excessive. It is certainly not so in the Congo, where the work done by -the native does not represent more than forty hours’ work a-month. Such -work, moreover, is paid for, and the tax in kind thus gives the native -as it were some return for his labour.</p> - -<p>Payment of taxes is obligatory everywhere; and non-payment involves -measures of compulsion. The regulations under which the hut-tax is -levied impose on the native, for non-payment, such penalties as -imprisonment and forced labour. Nor in the Congo is payment of taxes -optional. Repressive measures have occasionally been rendered necessary -elsewhere by the refusal of natives to conform to the law, <i>e.g.</i>, the -disturbances at Sierra Leone, in connexion with which an English -publicist, speaking of the police force, states:—</p> - -<p>“Between July 1894 and February 1896 no fewer than sixty-two -convictions, admittedly representing a small proportion of offences -actually committed, were recorded against them for flogging, plundering, -and generally maltreating the natives.”</p> - -<p>Further instances might be recalled of the opposition encountered among -native populations to the institution of governmental regulations. -Civilization necessarily comes into collision with their savage -instincts and barbarous customs and habits; and it can be understood -that they submit but impatiently to, and even try to escape from, a -state of society which seems to them to be restrictive of their licence -and excesses. It frequently happens in Africa that an exodus of natives -takes place from one territory to another, in the hope of finding beyond -the frontier a Government less well established or less strong, and of -thus freeing themselves from all obligations and restraints. Natives of -the State may quite well, under the influence of considerations of this -kind, have crossed into neighbouring territories, although no kind of -emigration on a large scale, such as is referred to in the English note, -has ever been reported by the Commandants of the frontier provinces. On -the contrary, it is a fact that natives in the Upper Nile region who had -settled in British territory have returned to the left bank in -consequence of the imposition of new taxes by the English authorities. -Besides, if it is these territories which are alluded to, the -information contained in the note would seem to be in contradiction with -other particulars furnished, for instance, by Sir Harry Johnston.</p> - -<p>“This much I can speak of with certainty and emphasis, that from the -British frontier near Fort George to the limit of my journeys into the -Mbuba country of the Congo Free State, up and down the Semliki, the -natives appear to be prosperous and happy.... The extent to which they -were building their villages and cultivating their plantations within -the precincts of Fort Mbeni showed that they had no fear of the -Belgians.”<span class="pagenum"><a name="page_I_13" id="page_I_13"></a></span></p> - -<p>Major H. H. Gibbons, who was for several months on the Upper Nile, -writes:—</p> - -<p>“Having had occasion to know many officers, and to visit their stations -in the Congo State, I am convinced that their behaviour has been much -misunderstood by the press. I have quoted as a proof my experience, -which is at variance with an article recently published in the English -press, in which they are accused of great cruelties.”</p> - -<p>The declaration of last June, of which a copy is inclosed, has disposed -of the criticisms directed against the public forces of the State, by -pointing out that recruitment for them is regulated by law, and that it -is only one man in every 10,000 who is affected. To say that “the method -of obtaining men for military service is often but little different from -that formerly employed to obtain slaves” is to misunderstand the -carefully drawn regulations which have, on the contrary, been issued to -check abuses. Levies take place in each district; the district -Commissioners settle the mode of conscription in agreement with the -native Chiefs. Voluntary enlistment, and numerous re-enlistments, easily -fill up the ranks, which only reach, all told, the moderate total of -15,000 men.</p> - -<p>Those who allege, as the note says, that “the men composing the armed -force of the State were in many cases recruited from the most warlike -and savage tribes” must be unaware that the public forces are recruited -from every province, and from the whole population. It is inconceivable -that the authorities of a State, with due regard to its interests, -should form an army out of undisciplined and savage elements, and -instances are to be found—such as the excesses said to have been -perpetrated by irregular levies in Uganda, and the revolts which -formerly occurred in the Congo—which, on the contrary, render it -necessary that special care should be exercised in raising armed forces. -The European establishment, consisting of Belgian, Italian, Swedish, -Norwegian, and Danish officers, maintains strict discipline, and it -would be vain to seek the actual facts alluded to in the assertion that -the soldiers “not infrequently terrorized over their own officers.” Such -an assertion is as unfounded as the one “that compulsion is often -exercised by irresponsible native soldiers, uncontrolled by an European -officer.” For a long time past the authorities have been alive to the -danger arising from the existence of stations of negro soldiers, who -inevitably abuse their authority, as recognized in the Report of Sir D. -Chalmers on the insurrection in Sierra Leone. In the Congo such stations -have been gradually abolished.</p> - -<p>Those who do not refuse to accept patent facts will recognize that of -the reproaches levied at the State, the most unjust is the statement -“that no attempt at any administration of the natives is made, and that -the officers of the Government do not apparently concern themselves with -such work.”</p> - -<p>It is astonishing to come across such an assertion in a despatch from a -Government, one of whose members, Lord Cranborne, Under-Secretary of -State for Foreign Affairs, stated on the 20th May last:—</p> - -<p>“There was no doubt that the administration of the Congo Government had -been marked by a very high degree of a certain kind of administrative -development. There were railways, there were steamers upon the river, -hospitals had been established, and all the machinery of elaborate -judicial and police systems had been set up.”</p> - -<p>Another member of the House of Commons acknowledged—</p> - -<p>“That the Congo State had done good work in excluding alcoholic liquor -from the greater part of their domain; that they had established a -certain number of hospitals, had diminished small-pox by means of -vaccination, and had suppressed the Arab Slave Trade.”</p> - -<p>However limited these admissions, still they contradict the assertion -now made that “the natives are left entirely to themselves, so far as -any assistance in their government or in their affairs is concerned.”</p> - -<p>Such does not seem to have been the conclusion at which Mr. Pickersgill, -the English Consul, had arrived as long ago as 1898.</p> - -<p>“Has the welfare of the African,” he asks, “been duly cared for in the -Congo State?” He answers: “The State has restricted the liquor trade ... -it is scarcely possible to over-estimate the service which is being -rendered by the Congo Government to its subjects in this matter.... -Intertribal wars have been suppressed over a wide area, and, the -imposition of European authority being steadily pursued, the boundaries -of peace are constantly extending.... The State must be congratulated -upon the security it has created for all who live within the shelter of -its flag and abide by its laws and regulations.... Credit is also due to -the Congo Government in respect of the diminution of cannibalism.... The -yoke of the notorious Arab slave-traders has been broken, and traffic in -human beings amongst the natives themselves has been diminished to a -considerable degree.”</p> - -<p>This Report also showed that the labour of the native was remunerated, -and gave<span class="pagenum"><a name="page_I_14" id="page_I_14"></a></span> due credit to the State for its efforts to instruct the young -natives, and to open schools.</p> - -<p>Since 1898 the general condition of the native has been still further -improved. The system of carriers (“le portage à dos d’homme”), the -hardships of which, so far as the native was concerned, were specially -pointed out by Mr. Pickersgill, has disappeared from those parts of the -country where it was most practised, in consequence of the opening of -railways. Elsewhere motor cars are used as means of transport. The -“sentry,” the station of negro soldiers which the Consul criticized, not -without reason, no longer exists. Cattle have been introduced into every -district. Sanitary Commissions have been instituted. Schools and -workshops have multiplied.</p> - -<p>“The native,” says the inclosed document,<a name="FNanchor_4_4" id="FNanchor_4_4"></a><a href="#Footnote_4_4" class="fnanchor">[4]</a> “is better housed, better -clad, and better fed; he is replacing his huts by better built and -healthier dwelling-places; thanks to existing transport facilities, he -is able to obtain the produce necessary to satisfy his new wants; -workshops have been opened for him, where he learns handicrafts, such as -those of the blacksmith, carpenter, mechanic, and mason; he extends his -plantations and, taking example by the white man, learns rational modes -of agriculture; he is always able to obtain medical assistance; he sends -his children to the State school-colonies and to the missionary -schools.”</p> - -<p>As stated in the House of Commons, it is only right to recognize that -the material and moral regeneration of Central Africa cannot be the work -of a day. The results so far obtained have been considerable, and these -we shall try to consolidate and develop, in spite of the way in which an -effort is being made to hamper the action of the State, which in the -real interests of civilization should rather be promoted.</p> - -<p>The English note does not show that the economic system of the State is -in opposition to the Berlin Act. It does not meet the points of law and -fact by means of which the State has demonstrated the conformity of its -system of land tenure and concessions with the provisions of that Act. -It does not explain either how or why freedom of trade—a term used at -the Conference of Berlin in its usual, grammatical, and economic -sense—is incomplete in the Congo State because there are landowners -there.</p> - -<p>The note confuses the utilization of his property by the owner with -trade. The native who collects on behalf of the owner does not become -the owner of what is so collected, and naturally cannot dispose of it to -a third party, any more than a miner can rob the proprietor of the -produce of the mine and dispose of it himself. These rules are in -accordance with the principles of justice and are explained in numerous -documents, such as legal opinions and judicial decisions, some of which -are annexed. His Majesty’s Government do not deny that the State is -justified in allotting domain lands to <i>bonâ fide</i> occupants, or that -the native has no longer any right to the produce of the soil as soon as -the “land is reduced into individual occupation.” The distinction is -without legal foundation. If the State can part with land, it is because -the native is not the owner; by what title could he then retain a right -to the produce of property which has been lawfully acquired by others? -Could it be contended, for instance, that the Lower Congo Railway -Company, or the South Cameroons Company, or the Italian Colonial Trading -Company are, on the ground that they are not at present in occupation, -bound to allow the native to plunder the territories allotted to them? -As a matter of fact, moreover, in the Congo State the appropriation of -lands worked on Government account or by the Concessionary Companies is -an accomplished fact. The State and the Companies have devoted large -sums, amounting to many millions of francs, to the development of the -lands in question, and more especially to that of the forests. There -can, therefore, be no doubt that throughout the territories of the Congo -the State really and completely works its property, just as the -Companies really and completely work their Concessions.</p> - -<p>The state of affairs then which actually exists, and is established in -the Independent State, is such that there is really no need, as far as -the State itself is concerned, to dwell longer on the theory set forth -in the note which deals in turn with the rights of the State, with those -of <i>bonâ fide</i> occupiers, and those of the natives.</p> - -<p>Still this theory calls for the attention of the Powers in view of the -serious difficulties which would arise were it to be implicitly -accepted.</p> - -<p>The note lays down the three following propositions:—</p> - -<p>“The State has the right to partition the State lands among <i>bonâ fide</i> -occupants.”</p> - -<p>“The natives will, as the land is so divided out amongst <i>bonâ fide</i> -occupiers, lose their right of roaming over it and collecting the -natural fruits which it produces.”</p> - -<p>“Until unoccupied land is reduced into individual occupation, and so -long as the produce can only be collected by the native, the native -should be free to dispose of that produce as he pleases.”<span class="pagenum"><a name="page_I_15" id="page_I_15"></a></span></p> - -<p>There is no single one of these propositions but apparently excludes the -other two, and, as a matter of fact, such contradictions amount to a -denial of the right to grant Concessions.</p> - -<p>If <i>bonâ fide</i> occupiers ever existed they have become proprietors; -occupation, where it can be exercised, is under all legislative codes, -one of the methods by which property can be acquired, and in the Congo -State titles of ownership deriving from it have been legally registered. -If the land has never been legally occupied, it is without an owner, or, -rather the State is the owner: the State can allot it to a third party, -for whom such allotment is a complete and absolute title. In either case -it is hard to see how the fruits of the soil can be reserved for any but -the owner on the pretext that the latter is not able to collect the -produce of his property.</p> - -<p>By a curious contradiction it is observed in the note that, as a -consequence of the allotment of lands by the State, the natives “lose -their right of collecting the natural fruits,” and, on the other hand, -that they retain the right of disposing of these fruits “until -unoccupied land is reduced into individual occupation.” It is difficult -to understand what is meant by a right which belongs to the natives or -not according to the action of a third party. Either they lost their -rights on the lands being allotted, and in that case they have lost them -entirely and completely, or else they have retained them, and are -entitled to retain them, although “the land is reduced into individual -occupation.”</p> - -<p>Again, what are we to understand by the expressions “<i>bonâ fide</i>” -occupiers and “individual occupation?” Who is to determine whether the -occupier has brought his lands into a state of individual occupation, -whether he is able to collect their produce, or whether it is still for -the native to do so? In any case, such a question is essentially one to -be settled by municipal law.</p> - -<p>The note is, moreover, incomplete in another respect. It states that -where the land has not yet been worked by those who have a right to it, -the option of working should belong to the native. Rights would thus be -given to the natives to the prejudice of the Government or of white -concessionnaires, but the note does not explain how nor by whom the -wrong thus caused would be repaired or made good. Though the system thus -advocated cannot be applied in the Congo State, as there are no longer -any unappropriated lands there, attention should be called to the -statement in the interest of white men established in the conventional -basin. If it is right to treat the negro well, it is none the less just -not to despoil the white man, who, in the interest of all, must remain -the dominant race.</p> - -<p>From an economic point of view, it would be very regrettable if, in -spite of the rights regularly acquired by white men, the domain lands -were, even temporarily, handed over to the natives. Such a course would -involve a return to their former condition of abandonment, when the -natives left them unproductive, for the collection of rubber, the -plantation of coffee, cocoa, tobacco, &c., date from the day when the -State itself took the initiative: the export trade was insignificant -before the impetus it received from Government enterprise. Such a course -would furthermore certainly involve the neglect of rational methods of -work, of planting and of replanting—measures which the State and the -Concessionary Companies have assumed as an obligation with a view to -securing the preservation of the natural riches of the country.</p> - -<p>Never in the Congo, so far as we know, have requests to buy natural -produce been addressed to the rightful owners. Up to now the only -attempts made have been to buy the produce which has been stolen, and -the State, as was its duty, has had those guilty of these unlawful -attempts prosecuted.</p> - -<p>It is not true, as has been asserted, that the policy of the State has -killed trade; it has, on the contrary, created the materials which trade -deals in and keeps up the supply; it is thanks to the State that, on the -Antwerp market—and soon even in the Congo where the possibility of -establishing trade depôts is being considered—5,000 tons of rubber -collected in the Congo can be annually put on sale to all and sundry -without privilege or monopoly, while formerly, in 1887, for instance, -the rubber export amounted to hardly 30 tons. It is the State which, -after having created, at its own expense, the material of trade, -carefully preserves the source of it by means of planting and -replanting.</p> - -<p>It must not be forgotten either that the Congo State has been obliged to -rely on its own resources. It was forced to utilize its domain in the -public interest. All the receipts of the domain go into the Treasury, as -also the dividends of the shares which the State holds in exchange for -Concessions granted. It has only been by fully utilizing its domain -lands, and pledging the greater part of their revenues, that it has been -able to raise loans, and encourage the construction of railways by -guarantees of interest, thus realizing one of the means most advocated -by the Brussels Conference for promoting<span class="pagenum"><a name="page_I_16" id="page_I_16"></a></span> civilization in Central -Africa. Nor has it hesitated to mortgage its domain lands with this -object.</p> - -<p>The Berlin Act is not opposed to such a course, for it never proscribed -the rights of property as there is now an <i>ex post facto</i> attempt to -make out, an attempt tending, consciously or not, to the ruin of the -whole conventional basin of the Congo.</p> - -<p>It will not escape the notice of the Powers that the English note, by -suggesting a reference to the Court at The Hague, tends to bring into -consideration as cases for arbitration questions of sovereignty and -internal administration as questions for arbitration which, according to -prevailing doctrines, are excluded from arbitral decisions. As far as -the present case is concerned, it must be assumed that the suggestion of -referring the matter to the Court at The Hague has a general meaning, if -it is true that, in the opinion of the English Chambers of Commerce, -“the principles and practice introduced into the administration of the -affairs of the French Congo, the Congo Free State, and other areas in -the conventional basin of the Congo being [<i>sic</i>] in direct opposition -to the Articles of the Act of Berlin, 1885.” The Government of the Congo -State have never ceased advocating arbitration as a mode of settling -questions which are of an international nature, and can thus be suitably -treated, as, for instance, the divergencies of opinion which have arisen -in connexion with the lease of the territories of the Bahr-el-Ghazal.</p> - -<p>The Government of the Congo State, after careful examination of the -English note, remain convinced that, in view of its vagueness, and the -complete lack of evidence, which is implicitly admitted, there is no -tribunal in the world, supposing there were one possessing competent -jurisdiction, which could, far from pronouncing a condemnation, take any -decision other than to refuse action on mere supposition.</p> - -<p>If the Congo State is attacked, England may admit that she, more than -any other nation, has been the object of attacks and accusations of -every kind, and the list would be long of the campaigns which have at -various times, and even quite recently, been directed against her -colonial administration. She has certainly not escaped criticism in -regard to her numerous and bloody wars against native populations, nor -the reproach of oppressing natives and invading their liberty. Has she -not been blamed in regard to the long insurrections in Sierra Leone; to -the disturbed state of Nigeria, where quite recently, according to the -English newspapers, military measures of repression cost, on one single -occasion, the lives of 700 natives, of most of their Chiefs, and of the -Sultan; and to the conflict in Somaliland, which is being carried on at -the cost of many lives, without, however, exciting expressions of regret -in the House of Commons, except on the score of the heavy expense?</p> - -<p>Seeing that these attacks have left England indifferent, it is somewhat -surprising to find her now attaching such importance to those made on -the Congo State.</p> - -<p>There is, however, reason to think that the natives of the Congo State -prefer the Government of a small and pacific nation, whose aims remain -as peaceful as its creation which was founded on Treaties concluded with -the natives.</p> - -<p class="r"> -(Signed) CHR. DE CUVELIER.<br /> -</p> - -<p><i>Brussels, September 17, 1903.</i></p> - -<p>Annexes.<a name="FNanchor_5_5" id="FNanchor_5_5"></a><a href="#Footnote_5_5" class="fnanchor">[5]</a></p> - -<div class="blockquot"><p>I. “Bulletin Officiel de l’État Indépendant du Congo,” Juin 1903.</p> - -<p>II. Judgments delivered by the Tribunals of French Congo.</p> - -<p>III. Opinions of Messrs. Van Maldeghem and de Paepe, Van Berchem, -Barboux, and Nys.</p></div> - -<p class="c"><i>Translations of Extracts from Annex I.</i></p> - -<p class="c">Page 142.</p> - -<p>In conformity with Articles II and XIII of the Berlin Act, it (the Congo -State) has assured to all flags, without distinction of nationality, -free access to all its interior waters and full and entire freedom of -navigation. The railway, which has been constructed to obviate the -innavigability of the lower river, is open to the traffic of all nations -in conformity with Article XVI.<span class="pagenum"><a name="page_I_17" id="page_I_17"></a></span></p> - -<p>In conformity with Article III, there is no differential treatment -either of ships or goods, and no tax is levied on foreigners which is -not equally borne by nationals.</p> - -<p>In conformity with Article IV, no transit due has been imposed.</p> - -<p>In conformity with Article VI, freedom of conscience and the free -exercise of worship are guaranteed to natives, to foreigners, and to the -missions of all creeds.</p> - -<p>In conformity with Article VII, the State has adhered to the Convention -of the Universal Postal Union.</p> - -<p>Availing itself of the power conferred by Article X, the Congo State has -declared itself perpetually neutral, and in no circumstance has failed -in the duties imposed by neutrality.</p> - -<p>In conformity with Article XII, it has endeavoured, in case of any -international difference, to have recourse to mediation and arbitration, -and has never declined to accept such procedure.</p> - -<p>In conformity with the Declaration of the 2nd July, 1890, the import and -export duties levied do not exceed the limits fixed by the Agreements of -the 8th April, 1892, and the 10th March, 1902, between the State, France -and Portugal.</p> - -<p>Article I of the Act of Berlin lays down that “the trade of all nations -shall enjoy complete freedom in the Conventional basin of the Congo,” -and, by Article V, “no monopoly or favour of any kind in matters of -trade” shall be granted there. These provisions, like the rest, have -been respected by the Congo State in the letter and in the spirit.</p> - -<p class="c">Page 144.</p> - -<p>Freedom of trade is complete in the Congo, and is restricted neither by -monopoly nor privilege. Every one is free to sell or buy every sort of -produce in which it is lawful to trade. The law protects this freedom by -forbidding any interference with the freedom of business transactions; -it punishes “any one who has employed violence or threats with a view to -compel the natives, whether on the roads in the interior, or in the -markets, to part with their goods to particular persons or at particular -prices;”<a name="FNanchor_6_6" id="FNanchor_6_6"></a><a href="#Footnote_6_6" class="fnanchor">[6]</a> it punishes “those who, by violence, abuse, or threats, -shall have interfered with the freedom of trade, with a view either to -stop trade caravans on the public roads or to obstruct the freedom of -traffic whether by land or water.”<a name="FNanchor_7_7" id="FNanchor_7_7"></a><a href="#Footnote_7_7" class="fnanchor">[7]</a></p> - -<p>It is asserted that the principle of the freedom of trade is infringed -by the appropriation by the State of vacant and ownerless lands within -its boundaries. When by the Decree of the 1st July, 1885, the State -declared that “no one has the right to occupy vacant lands without a -title; vacant lands are to be considered as belonging to the State,”<a name="FNanchor_8_8" id="FNanchor_8_8"></a><a href="#Footnote_8_8" class="fnanchor">[8]</a> -it did so in reliance on a legal principle which is universally -admitted, its action in this matter was not, as has been said, the first -step in a deliberate policy of exclusiveness. That principle was -inscribed in the Codes of all civilized countries; it has been -sanctioned by all Colonial legislative systems.</p> - -<p class="c">Page 152.</p> - -<p>If it were true that, by declaring all ownerless lands to be Government -property, the Congo State had expropriated the natives, all these -various legislative systems could be attacked on the same ground. It is -generally admitted that the native has no real title to the ownership of -the vast stretches of country which from time immemorial he has allowed -to lie fallow, or to the forests which he has never turned to profit. -But the law of the Congo State is careful to maintain the natives in the -enjoyment of the lands they occupy and, as a matter of fact, not only -are they not disturbed in this enjoyment, but they are actually -extending the lands they cultivate and their plantations as their needs -grow. The State has been at much pains to prevent the natives from being -robbed.</p> - -<p>“No one has the right to dispossess natives of the lands which they -occupy (Ordinance of the 1st July, 1885, Article 2).</p> - -<p>“The lands occupied by the native population under the authority of -their Chiefs, shall continue to be governed by the local customs and -usages (Decree of the 14th September, 1886, Article 2).</p> - -<p>“All Acts or Agreements which would tend to drive the natives from the -territories they occupy, or to deprive them directly or indirectly of -their liberty or means of livelihood, are prohibited (Decree of the 14th -September, 1886, Article 2).<span class="pagenum"><a name="page_I_18" id="page_I_18"></a></span></p> - -<p>“In cases where the lands which form the subject of application are -occupied in part by natives, the Governor-General, or his Delegate, -shall intervene in order, if possible, to effect an arrangement with -them, securing to the applicant the lands so occupied, either by cession -or by lease, but the State is not to be put to any expense in the matter -(Decree of the 9th April, 1893, Article 5).</p> - -<p>“When native villages are inclosed in lands which have either been -disposed of or leased, the natives may, so long as the land has not been -officially measured, take into cultivation, without the consent of -either the owner or the lessor, the vacant lands surrounding their -villages (Decree of the 9th April, 1893, Article 6).</p> - -<p>“The members of the Land Commission shall examine with special care the -question whether the lands applied for ought not to be reserved either -for the public use or with a view to allow of the extension of -cultivation by the natives (Decree of the 2nd February, 1898, Article -2).”</p> - -<p class="c">Page 156.</p> - -<p>If it is inexact to say that the natives have been robbed of immemorial -rights, it is equally so to assert that the policy of the State has -aimed at the exclusion of private trading in order to assure greater -advantages for its own commercial enterprises.</p> - -<p>Such a statement can only be the result of a misapprehension of the -various phases through which the Congo trade has passed since 1885. At -that time private enterprise was centred in the Lower Congo only. The -Government, far from wishing to close the Upper Congo, declared its -access free to all. The Decree of the 30th April, 1887, led, on the -contrary, to various commercial firms establishing themselves above -Stanley Pool, owing to the facilities it afforded for settling on the -domain lands.</p> - -<p>Article 6 of that Decree provided:—</p> - -<p>“Non-natives who desire to found commercial or agricultural -establishments in the districts above Stanley Pool, or in others to be -eventually designated by the Governor-General of the Congo, shall be at -liberty to take possession with this view of an area, the maximum size -of which shall be fixed by the Governor-General; provided that they -fulfil such conditions as he shall lay down, they shall enjoy a -preferential right to the eventual acquisition of property in such lands -at a price which shall be fixed by him beforehand.”</p> - -<p>And Article 7 added:—</p> - -<p>“The non-natives who, in the same regions, shall desire to occupy lands, -of which the area shall exceed the maximum referred to in the preceding -Article, may occupy them provisionally on such conditions as the -Governor-General shall determine. He shall further decide whether the -preferential right alluded to in the preceding Article shall be given to -them in regard to this larger extent of land.”<a name="FNanchor_9_9" id="FNanchor_9_9"></a><a href="#Footnote_9_9" class="fnanchor">[9]</a></p> - -<p>“With a view to assist commercial enterprise in the regions of the -interior, the Government even exempted from export duty—the only -customs duties which they could at that time levy—all native produce -coming from the territories above Stanley Pool.</p> - -<p>“From the 1st January, 1888,” so ran Article 1 of the Ordinance of the -19th October, 1887, “and till further orders, native produce coming from -the State territories on the left bank of Stanley Pool and above that -lake shall be exempted from export duty.”<a name="FNanchor_10_10" id="FNanchor_10_10"></a><a href="#Footnote_10_10" class="fnanchor">[10]</a></p> - -<p>Later, by the Decree of the 17th October, 1889,<a name="FNanchor_11_11" id="FNanchor_11_11"></a><a href="#Footnote_11_11" class="fnanchor">[11]</a> the Government -announced that applications might be presented for concessions to work -rubber and other vegetable produce in the State forests of the Upper -Congo where such produce was not already worked by the native -population.</p> - -<p>By the Decree of the 9th July, 1890, the collection of ivory within the -State domains was entirely given up to private persons throughout such -parts of the Congo as were at that time visited by the steamers.</p> - -<p>These Regulations were applicable to all foreign enterprise, without -distinction of nationality; they show that there was no such policy of -ostracism in regard to private enterprise such as is now attributed to -the State.</p> - -<p>It has not been the fault of the Government that nationals of all -countries have not profited by this liberal system. They continued, -however, to confine themselves, with few exceptions, to the Lower Congo. -The Companies which decided to extend their operations in the central -districts of the Congo found every facility for the establishment of -agencies, and acquired the favourable position which they now enjoy.<span class="pagenum"><a name="page_I_19" id="page_I_19"></a></span></p> - -<p>The State can hardly be blamed because, in face of the almost universal -inaction on the part of private individuals, it endeavoured to turn its -territories to account by working its domain lands, either on its own -account or through others. It was, however, the only way to secure the -funds necessary for the Budget, the charges in which steadily increased -with the extension of the public service, and to give the country the -benefit of an economic system by imposing upon the concessionary -Companies the obligation to undertake works of public utility.</p> - -<p>The Government, further, were careful not to abandon a policy of -moderation in the matter. When by the Decree of the 30th October, 1892, -they defined regions reserved for working by the domain (those, that is -to say, in which it had been ascertained, after inquiry, that the -natives had never engaged in the collection of rubber), they still left -vast zones at the disposal of the public, and allowed to private persons -the exclusive right to work the rubber on the Government properties -there. As a matter of fact, the zones in question comprised more than a -quarter of the vacant State lands, apart from the whole country below -Stanley Pool. Nevertheless, the Companies persisted for some years more -in not moving towards these regions; it has only been since 1897 that -there have been any signs of general activity. It was then that the -numerous factories which are still to be found there were started in the -Kassai, Ikelemba, and Lulonga districts, and on the banks of the Congo. -But it is to be noted that with one exception none but Belgian Companies -decided to put their capital into those enterprises, and to take the -consequent risks. Foreigners have held aloof, in spite of the fact that -they were at perfect liberty to establish themselves in these regions; -even the firms which had been long established in the Lower Congo, and -especially the English houses, did not consider the moment favourable -for establishing branches in the Upper Congo. The above remark is -generally applicable, in so far that, also in the territories for which -Concessions have been given, not one of the concessionary Companies has -found any foreign interests previously existing; indeed, certain -foreigners who were interested in one of the most important of them, the -Anglo-Belgian India-Rubber and Exploration Company, which was founded by -an English group, have parted with their interests.</p> - -<p>The commercial field open to private persons in the Congo never has been -and is not limited; trade is free, so far as it is legitimate, -throughout the country, and in certain regions the State, far from -organizing any excessive working of its domain lands, has even renounced -the exercise of its rights of property. To give one instance only the -Dutch Company, the value of whose exports was 730,000 fr. in 1887, -exported in 1901 goods to the value of more than 3,000,000 fr.</p> - -<p class="c">Page 162.</p> - -<p>The work of organization has since been going on over the whole country -by the more and more effective occupation of the territory; posts and -stations have been multiplied, and now number 215; the work of the -administrative, judicial, and sanitary authorities has expanded; -transport facilities have been introduced; two lines of railways have -been laid in the Lower Congo, and there are others either being -constructed or proposed in the Upper Congo; seventy-nine steamers and -boats have been put on the river and its affluents; 1,500 kilom. of -telegraph and telephone lines have been laid; carriage roads have been -built, on which the use of automobiles will put an end to the system of -carriers (“portage à dos d’homme”); vaccine institutes have been -established with a view to putting a stop, through the increased use of -lymph, to the ravages of small-pox; water-works have been built in -important centres, such as Boma and Matadi; hospitals for blacks and -whites have been founded at different posts, as also Red Cross stations -and a bacteriological institute; importation of spirituous liquors and -trade in them has been prohibited almost everywhere, while the -importation of alcoholic drinks made with absinthe, as also trade in -them, have been forbidden everywhere; the trade in improved fire-arms -and ammunition for them has been absolutely forbidden; cattle have been -introduced at all the stations, and model farms have been established; -Sanitary Commissions have been instituted whose duty it is to watch over -the requirements of the elements of public health.</p> - -<p>This general development is necessarily accompanied by an improvement of -the conditions in which the native lives, wherever he comes into contact -with the European element. Materially, he is better housed, better clad, -and better fed; he is replacing his huts by better built and healthier -dwelling-places; thanks to existing<span class="pagenum"><a name="page_I_20" id="page_I_20"></a></span> transport facilities, he is able to -obtain the produce necessary to satisfy his new wants; workshops have -been opened for him, where he learns handicrafts, such as those of the -blacksmith, carpenter, mechanic, and mason; he extends his plantations, -and, taking example by the white man, learns rational modes of -agriculture; he is always able to obtain medical assistance; he sends -his children to the State school-colonies and to the missionary schools. -Steps have been taken to safeguard the individual liberty of the blacks, -and especially to prevent labour contracts between blacks and -non-natives degenerating into disguised slavery. It is on this point -that the Decree of the 8th November, 1888, enters into the most minute -details concerning the length of the engagement, the form of the -contract, and the payment of wages. Recent legislation in French Congo, -which has very properly been praised by the English organs, has been -dictated by the like solicitude for the natives.</p> - -<p>The native is free to seek by work the remuneration which contributes to -the increase of his well-being. One of the objects, indeed, of the -general policy of the State is to aim at the regeneration of the race by -impressing them with the high idea of the necessity of work. It is -intelligible that Governments, conscious of their moral responsibility, -should not advocate the right of the inferior races to be idle, which -would entail the continuance of a social system opposed to civilization. -The Congo State aims at carrying out its educational mission by -requiring the native to contribute, by means of a tax in kind, for -which, however, payment is made to him, to the development of the State -forests; the amount of such payments was, in the Budget for 1903, nearly -3,000,000 fr. The legality of such a system of developing the State -property rests not only on the universal principle which attributes to -the State the possession of ownerless lands, but also on the cession -which the local Chiefs have made to the State, by peaceful methods and -Treaties, of such political and land rights as they may have possessed; -and on the fact that it is the State itself which has revealed to the -natives the existence of those natural riches of which they were -ignorant by showing them how to work; it is the State, too, which has -bound itself, equally with private persons, to plant and replant, and -thus to insure the preservation and perpetuity of those natural riches -which the carelessness of some and the lust of gain of others could not -have failed to destroy.</p> - -<p class="c">Page 165.</p> - -<p>The system which the State has followed, while forwarding the economical -development of the country, has at the same time caused a considerable -commercial movement, inasmuch as the exports now amount to a value of -50,000,000, and 5,000 tons of rubber from the Congo forests are sold -every year at Antwerp to the highest bidder.</p> - -<p>Whatever may have been said this prosperity has not been attained to the -detriment of the native. It has been asserted that the native -populations must of necessity be badly treated because they are -subjected on the one hand to military service, and on the other to the -payment of certain taxes.</p> - -<p>Military service is no more slavery in the Congo than anywhere else -where the system of conscription is in force. The manner in which the -public forces are recruited and organized has formed the subject of the -most minute legislative provisions, with a view to the avoidance of -abuses. As a matter of fact military service is not a heavy burden to -the population, from whom it only takes one man in 10,000. To show the -errors which have been believed in regard to the public forces it is -necessary once more to point out that they are composed entirely of -regular troops, and there are no “irregular levies” composed of -undisciplined and barbarous elements. Care has been taken gradually to -get rid of posts of black soldiers, and at the present moment every -military post is commanded by a white officer. The increase in the -number of officials has allowed of giving European officers to all -detachments of these forces.</p> - -<p>In regard to contributions in kind which are levied on the native by the -authorities, such taxes are as legitimate as any other. They do not -impose on the native burdens of a different or heavier kind than the -forms of impost enforced in the neighbouring Colonies, such as the hut -tax. The native thus bears his share of the public burden as a return -for the protection afforded him by the State, and this share is a light -one since on an average it means for the native no more than forty hours -of work a-month.</p> - -<p>It is unfortunately true that acts of violence have been committed -against the natives in the Congo, as everywhere else in Africa: the -Congo State has never sought either to deny or to conceal them. The -detractors of the State show themselves to be prejudiced when they quote -these acts as the necessary consequence of a bad system of -administration, or when they assert that they are tolerated by the -higher authorities.<span class="pagenum"><a name="page_I_21" id="page_I_21"></a></span> Whenever any European official has been guilty of -such acts he has been punished by the Courts, and a certain number of -Europeans are at this moment in the prisons of the State expiating their -offences against the penal laws which protect the life and person of the -native. If the enormous extent of the Congo State is taken into account, -such cases are the exception, as is obvious from the fact that recent -publications attacking the Congo State have been obliged, in support of -their indictment, to take up incidents nearly ten years old, and even to -have recourse, amongst others, to the testimony of a commercial agent -actually condemned for his excesses against the blacks. It is worthy of -remark that the Catholic missionaries have never called attention to -this general system of cruelty which is imputed to the State, and if -judicial statistics demonstrate the stern measures that have been taken -by the Criminal Courts, it does not follow that there is more crime in -the Congo than in other Central African Colonies.</p> - -<h3><a name="No_3-I" id="No_3-I"></a>No. 3.<br /><br /> -<small><i>Mr. Casement to the Marquess of Lansdowne.</i>—(<i>Received December 12.</i>)</small></h3> - -<p class="nind"> -My Lord,</p> - -<p class="r"> -<i>London, December 11, 1903.</i><br /> -</p> - -<p>I HAVE the honour to submit my Report on my recent journey on the Upper -Congo.</p> - -<p>I left Matadi on the 5th June, and arriving at Léopoldville on the 6th, -remained in the neighbourhood of Stanley Pool until the 2nd July, when I -set out for the Upper Congo. My return to Léopoldville was on the 15th -September, so that the period spent in the Upper River was one of only -two and a-half months, during which time I visited several points on the -Congo River itself, up to the junction of the Lulongo River, ascended -that river and its principal feeder, the Lopori, as far as Bongandanga, -and went round Lake Mantumba.</p> - -<p>Although my visit was of such brief duration, and the points touched at -nowhere lay far off the beaten tracks of communication, the region -visited was one of the most central in the Congo State, and the district -in which most of my time was spent, that of the Equator, is probably one -of the most productive. Moreover, I was enabled, by visiting this -district, to contrast its present day state with the condition in which -I had known it some sixteen years ago. Then (in 1887) I had visited most -of the places I now revisited, and I was thus able to institute a -comparison between a state of affairs I had myself seen when the natives -lived their own savage lives in anarchic and disorderly communities, -uncontrolled by Europeans, and that created by more than a decade of -very energetic European intervention. That very much of this -intervention has been called for no one who formerly knew the Upper -Congo could doubt, and there are to-day widespread proofs of the great -energy displayed by Belgian officials in introducing their methods of -rule over one of the most savage regions of Africa.</p> - -<p>Admirably built and admirably kept stations greet the traveller at many -points; a fleet of river steamers, numbering, I believe, forty-eight, -the property of the Congo Government, navigate the main river and its -principal affluents at fixed intervals. Regular means of communication -are thus afforded to some of the most inaccessible parts of Central -Africa.</p> - -<p>A railway, excellently constructed in view of the difficulties to be -encountered, now connects the ocean ports with Stanley Pool, over a -tract of difficult country, which formerly offered to the weary -traveller on foot many obstacles to be overcome and many days of great -bodily fatigue. To-day the railway works most efficiently, and I noticed -many improvements, both in the permanent way and in the general -management, since the date of my last visit to Stanley Pool in January -1901. The cataract region, through which the railway passes, is a -generally unproductive and even sterile tract of some 220 miles in -breadth. This region is, I believe, the home, or birthplace, of the -sleeping sickness—a terrible disease, which is, all too rapidly, eating -its way into the heart of Africa, and has even traversed the entire -continent to well-nigh the shores of the Indian Ocean. The population of -the Lower Congo has been gradually reduced by the unchecked ravages of -this, as yet, undiagnosed and incurable disease, and as one cause of the -seemingly wholesale diminution of human life which I everywhere observed -in the regions revisited, a prominent place must be assigned to this -malady. The natives certainly attribute their alarming death-rate to -this as one of the inducing causes, although they attribute, and I think -principally, their rapid decrease in numbers to other causes as well. -Perhaps the most striking change observed during<span class="pagenum"><a name="page_I_22" id="page_I_22"></a></span> my journey into the -interior was the great reduction observable everywhere in native life. -Communities I had formerly known as large and flourishing centres of -population are to-day entirely gone, or now exist in such diminished -numbers as to be no longer recognizable. The southern shores of Stanley -Pool had formerly a population of fully 5,000 Batekes, distributed -through the three towns of Ngaliema’s (Léopoldville), Kinchasa, and -Ndolo, lying within a few miles of each other. These people, some twelve -years ago, decided to abandon their homes, and in one night the great -majority of them crossed over into the French territory on the north -shores of Stanley Pool. Where formerly had stretched these populous -native African villages, I saw to-day only a few scattered European -houses, belonging either to Government officials or local traders. In -Léopoldville to-day there are not, I should estimate, 100 of the -original natives or their descendants now residing. At Kinchasa a few -more may be found dwelling around one of the European trading depôts, -while at Ndolo none remain, and there is nothing there but a station of -the Congo Railway Company and a Government post. These Bateke people -were not, perhaps, particularly desirable subjects for an energetic -Administration, which desired, above all things, progress and speedy -results. They were themselves interlopers from the northern shores of -the Congo River, and derived a very profitable existence as trading -middlemen, exploiting the less sophisticated population among whom they -had established themselves. Their loss to the southern shores of Stanley -Pool is none the less to be deplored, I think, for they formed, at any -rate, a connecting link between an incoming European commercial element -and the background of would-be native suppliers.</p> - -<p>Léopoldville is sometimes spoken of as a Congo town, but it cannot -rightly be so termed. Apart from the Government station, which, in most -respects, is very well planned, there is nothing at all resembling a -town—barrack would be the correct term. The Government station of -Léopoldville numbers, I was informed by its Chief, some 130 Europeans, -and probably 3,000 native Government workmen, who all dwell in well -ordered lines of either very well-built European houses, or, for the -native staff, mud-built huts. Broad paths, which may be termed streets, -connect the various parts of this Government Settlement, and an -elementary effort at lighting by electricity has already evolved three -lights in front of the house of the Commissaire-Général. Outside the -Government staff, the general community, or public of Léopoldville, -numbers less than one dozen Europeans, and possibly not more than 200 -native dependents of their households or trading stores. This general -public consists of two missionary establishments, numbering in all 4 -Europeans; a railway station with, I think, 1 European; 4 trading -establishments—1 Portuguese, 1 Belgian, 1 English, and 1 -German—numbering 7 Europeans, with, perhaps, 80 or 100 native -dependents; 2 British West African petty traders, and a couple of Loango -tailor boys, who make clothes for the general community. This, I think, -comprises almost all those not immediately dependent upon the -Government.</p> - -<p>These shops and traders do scarcely any business in native produce, of -which there may be said to be none in the district, but rely upon a cash -trade in Congolese currency, carried on with the large staff of -Government employés, both European and native. Were this cash dealing to -cease, the four European shops would be forced to put up their shutters. -During the period of my stay at Léopoldville it did actually cease, and, -for reasons which were not known publicly, the large native staff of -Congo Government workmen, instead of receiving a part of their monthly -wages in cash to spend locally—as also those being paid off on the -expiry of their contracts—were remunerated by the Government in barter -goods, which were issued from a Government store. This method of payment -did not satisfy either the native Government employés or the local -traders, and I heard many complaints on this score. The traders -complained, some of them to myself, that as they had no other form of -trading open to them, save this with the Government staff against cash, -for the Government to itself now pay these men in goods was to end, at a -blow, all trade dealings in the district. The native workmen complained, -too, that they were paid in cloth which often they did not want in their -own homes, and in order to have the wherewithal to purchase what they -wanted, a practice at once arose amongst these men to sell for cash, at -a loss to themselves, the cloth they had been forced to receive in -payment from the Government store. The workmen lost on this transaction, -and so did the traders. Pieces of cloth which were charged by the -Government at 10 fr. each in paying off the workmen, these men would -readily part with for 7 fr., and even for 6 fr. in cash. I myself, one -day in June, bought for 7 fr. a-piece, from two just-discharged -Government workmen, two pieces of cloth which had been charged against -them at 10 fr. each. These men wished to buy salt at one of the local -stores, and to obtain the means<span class="pagenum"><a name="page_I_23" id="page_I_23"></a></span> of doing so, they readily sacrificed 3 -fr. in each 10 fr. of their pay. The traders, too, complained that by -this extensive sale of cotton goods at reduced rates by the Government -employés, their own sales of cloth at current prices were rendered -well-nigh impossible throughout the district.</p> - -<p>The 3,000 Government workpeople at Léopoldville are drawn from nearly -every part of the Congo State. Some, those from the cataract district -especially, go voluntarily seeking employment, but many—and I believe a -vast majority—are men, or lads, brought from districts of the Upper -Congo, and who serve the authorities not primarily at their own seeking. -On the 16th June last, five Government workpeople brought me their -contracts of engagement with a request that I might tell them how long a -period they still had to serve. They were all Upper Congo men, and had -already nearly completed the full term of their engagement. The -contracts, in each case, appeared as having been signed and drawn up at -Boma on behalf of the Governor-General of the Congo State, and were, in -each case, for a term of seven years. The men informed me that they had -never been to Boma, and that the whole of their period of service had -been spent either at Léopoldville or on the Upper Congo. In three of -these cases I observed that an alteration had been made in the period of -service, in the following terms:—</p> - -<div class="blockquot"><p>“Je réduis de sept à cinq ans le terme de service du....”</p></div> - -<p>This entry was signed by the acting State Inspector of the district. It -seemingly had not been observed, for it was struck out by his successor, -and, as a matter of fact, the full period of seven years was, in each -case, within a few months of completion.</p> - -<p>On the whole the Government workmen at Léopoldville struck me as being -well cared for, and they were certainly none of them idle. The chief -difficulty in dealing with so large a staff arises from the want of a -sufficiency of food supply in the surrounding country. The staple food -of the entire Upper Congo is a preparation of the root of the cassava -plant, steeped and boiled, and made up into loaves or puddings of -varying weight. The natives of the districts around Léopoldville are -forced to provide a fixed quantity each week of this form of food, which -is levied by requisitions on all the surrounding villages. The European -Government staff is also mainly dependent upon food supplies obtained -from the natives of the neighbourhood in a similar manner. This, however -necessary, is not a welcome task to the native suppliers who complain -that their numbers are yearly decreasing, while the demands made upon -them remain fixed, or tend even to increase.</p> - -<p>The Government station at Léopoldville and its extensive staff, exist -almost solely in connection with the running of Government steamers upon -the Upper Congo.</p> - -<p>A hospital for Europeans and an establishment designed as a native -hospital are in charge of a European doctor. Another doctor also resides -in the Government station whose bacteriological studies are unremitting -and worthy of much praise. The native hospital—not, I am given to -understand, through the fault of the local medical staff—is, however, -an unseemly place. When I visited the three mud huts which serve this -purpose, all of them dilapidated, and two with the thatched roofs almost -gone, I found seventeen sleeping sickness patients, male and female, -lying about in the utmost dirt. Most of them were lying on the bare -ground—several out on the pathway in front of the houses, and one, a -woman, had fallen into the fire just prior to my arrival (while in the -final, insensible stage of the disease), and had burned herself very -badly. She had since been well bandaged, but was still lying out on the -ground with her head almost in the fire, and while I sought to speak to -her, in turning, she upset a pot of scalding water over her shoulder. -All of the seventeen persons I saw were near their end, and on my second -visit, two days later, the 19th June, I found one of them lying dead out -in the open.</p> - -<p>In somewhat striking contrast to the neglected state of these people, I -found, within a couple of hundred yards of them, the Government workshop -for repairing and fitting the steamers. Here all was brightness, care, -order, and activity, and it was impossible not to admire and commend the -industry which had created and maintained in constant working order this -useful establishment. In conjunction with a local missionary, some -effort was made during my stay at Léopoldville, to obtain an -amelioration of the condition of the sleeping-sickness people in the -native hospital, but it was stated, in answer to my friend’s -representations, that nothing could be done in the way of building a -proper hospital until plans now under consideration had<span class="pagenum"><a name="page_I_24" id="page_I_24"></a></span> been matured -elsewhere. The structures I had visited, which the local medical staff -greatly deplored, had endured for several years as the only form of -hospital accommodation provided for the numerous native staff of the -district.</p> - -<p>The Government stores at Léopoldville are large and well built, and -contain not only the goods the Government itself sends up river in its -fleet of steamers, but also the goods of the various Concession -Companies. As a rule, the produce brought down river by the Government -steamers is transhipped direct into the railway trucks which run -alongside the wharf, and is carried thence by train to Matadi for -shipment to Europe. The various Companies carrying on operations on the -Upper Congo, and who hold Concessions from the Congo Government, are -bound, I was told, by Conventions to abstain from carrying, save within -the limits of their Concessions, either goods or passengers. This -interdiction extends to their own merchandise and to their own agents. -Should they carry, by reason of imperative need, outside these limits -any of their own goods or their own people, they are bound to pay to the -Congo Government either the freight or passage money according to the -Government tariff, just as though the goods or passengers had been -conveyed on one of the Government vessels. The tariff upon goods and -passengers carried along the interior waterways is a fairly high one, -not perhaps excessive under the circumstances, but still one that, by -reason of this virtual monopoly, can produce a yearly revenue which must -go far towards maintaining the Government flotilla. By the estimates for -1902, published in the “Bulletin Officiel” of January this year, the -transport service is credited with a production of 3,100,000 fr. of -public revenue for 1902, while the expenditure for the same year is put -at 2,023,376 fr. That this restriction of public conveyance to -Government vessels alone is not altogether a public gain my own -experience demonstrated. I had wished to leave Stanley Pool for the -Upper Congo at an early date after my arrival in Léopoldville, but as -the Government vessels were mostly crowded, I could not proceed with any -comfort by one of these. The steam-ship “Flandre,” one of the largest of -these vessels, which left Léopoldville for Stanley Falls on the 22nd -June, and by which I had, at first, intended to proceed, quitted port -with more than twenty European passengers over her complement, all of -whom, I was informed, would have to sleep on deck. I accordingly was -forced to seek other means of travelling, and through the kindness of -the Director of one of the large commercial Companies (the “Société -Anonyme Belge du Haut-Congo”) I found excellent accommodation, as a -guest, on one of his steamers. Although thus an invited guest and not -paying any passage money, special permission had to be sought from the -Congo Government before this act of courtesy could be shown me, and I -saw the telegram from the local authority, authorizing my conveyance to -Chumbiri.</p> - -<p>This commercial Company has three other steamers, but the interdiction -referred to applies to the entire flotilla of trading vessels of -Congolese nationality on the Upper River. Despite the fact that these -vessels are not allowed to earn freight or passage, they are all, for -their tonnage, heavily taxed, while the Government vessels, which earn -considerable sums on transport of general goods and passengers, pay no -taxes. The four vessels of the Société Anonyme Belge du Haut-Congo -referred to, of which the largest is only, I believe, one of 30 tons, -pay annually, I was informed, the following taxes:—</p> - -<p> -<span style="margin-left: 35.5em;">Fr.</span><br /> -<span style="margin-left: 1em;">For permission to cut firewood 17,870</span><br /> -<span style="margin-left: 1em;">Licence for each steamer, according to her tonnage 400 to 600</span><br /> -<span style="margin-left: 1em;">The master of each vessel must be licensed, for which</span><br /> -<span style="margin-left: 2em;">a tax of 20 fr. per annum is levied.</span><br /> -</p> - -<p>Himself and each European member of the crew must then pay 30 fr. per -annum as “imposition personnelle,” whilst each native member of the crew -costs his employers 3 fr. per head for engagement licence annually, and -10 fr. per head per annum as “imposition personnelle.”</p> - -<p>The “President Urban,” the largest steamer of the Company referred to, -under these various heads pays, I was informed, a sum of not less than -11,000 fr. in taxes per annum. Should she carry any of the agents of the -Company owning her, or any of its goods, save within the restricted area -of its Concession, her owners must pay to the Congo Government both -passage money and freight on these, just as though they had been sent by -one of the Government vessels.</p> - -<p>No firewood may be cut by the public within half-an-hour’s steaming -distance of any of the Government wooding posts, which are naturally -chosen at the best wooding sites available along the various waterways, -so that the 10,000 fr. wood-cutting licence which the “President Urban” -pays entitles her only to cut up for<span class="pagenum"><a name="page_I_25" id="page_I_25"></a></span> fuel such suitable timber as her -crew may be able to find in the less accessible spots.</p> - -<p>At F* I spent four days. I had visited this place in August 1887 when -the line of villages comprising the settlement contained from 4,000 to -5,000 people. Most of these villages to-day are entirely deserted, the -forest having grown over the abandoned sites, and the entire community -at the present date cannot number more than 500 souls. There is no -Government station at F*, but the Government telegraph line which -connects Léopoldville with Coquilhatville, the headquarters of the -Equator district, runs through the once townlands of the F* villages -close to the river bank. The people of the riverside towns, and from 20 -miles inland, have to keep the line clear of undergrowth, and in many -places the telegraph road serves as a useful public path between -neighbouring villages. Some of the natives of the neighbourhood -complained that for this compulsory utilitarian service they had -received no remuneration of any kind; and those at a distance that they -found it hard to feed themselves when far from their homes they were -engaged on this task. Inquiry in the neighbourhood established that no -payment for this work had seemingly been made for fully a year.</p> - -<p>Men are also required to work at the neighbouring wood-cutting post for -the Government steamers, which is in charge of a native Headman or -Kapita, who is under the surveillance of a European “Chef de Poste” at -Bolobo, the nearest Government station, which lies about 40 miles -up-stream. These wood-cutters, although required compulsorily to serve -and sometimes irregularly detained, are adequately paid for their -services.</p> - -<p>The F* villages have to supply kwanga (the prepared cassava root already -referred to) for the neighbouring wood-cutting post, and the quantity -required of them is, they asserted, in excess of their means of supply -and out of proportion to the value received in exchange. The supply -required of them was fixed, I found, at 380 kwanga (or boiled cassava -puddings) every six days, each pudding weighing from 4-1/2 lb. to 6 lb., -or a total of from 1,700 lb. to 1 ton weight of carefully prepared -food-stuffs per week. For this a payment of one brass rod per kwanga is -made, giving a sum of 19 fr. in all for the several villages whose task -it is to keep the wood post victualled. These villages by careful -computation I reckoned contained 240 persons all told—men, women, and -children. In addition to preparing and carrying this food a considerable -distance to the Government post, these people have to take their share -in keeping the telegraph line clear and in supplying Government workmen. -One elderly man was arrested at the period of my visit to serve as a -soldier and was taken to Bolobo, 40 miles away, but was subsequently -released upon representations made by a missionary who knew him. The -number of wood-cutters at the local post is about thirty I was informed, -so that the amount of food levied is beyond their requirements, and the -excess is said to be sold by them at a profit to the crews of passing -steamers. At one of the smallest of these F* villages, where there are -not more than ten persons all told, and only three of these women able -to prepare and cook the food, 40 kwanga (180 lb. to 270 lb. weight of -food) had to be supplied every week at a payment of 40 rods (2 fr.). -These people said: “How can we possibly plant and weed our gardens, seek -and prepare and boil the cassava, make it into portable shape, and then -carry it nearly a day’s journey to the post? Moreover, if the kwanga we -make are a little small or not well-cooked, or if we complain that the -rods given us in settlement are too short, as they sometimes are, then -we are beaten by the wood-cutters, and sometimes we are detained several -days to cut firewood as a punishment.”</p> - -<p>Statements of this kind might be tediously multiplied.</p> - -<p>The local mission station at F* requires much smaller kwanga than the -Government size, getting from 1-1/2 lb. to 2 lb. weight of food at the -same price—viz., 1 rod. The kwanga made up for general consumption, as -sold in local markets, weigh only about 1 lb. each. The Government -requires, delivered free, even at considerable distances, from four and -a-half to six times the weight of prepared food to that sold publicly -for 1/2<i>d.</i></p> - -<p>In most parts of the Upper Congo the recognized currency consists of -lengths of brass wire; these lengths varying according to the district. -At one period the recognized length of a brass rod was 18 inches, but -to-day the average length of a rod cannot be more than 8 or 9 inches. -The nominal value of one of these rods is 1/2<i>d.</i>, twenty of them being -reckoned to the franc; but the intrinsic value, or actual cost of a rod -to any importer of the brass wire direct from Europe, would come to less -than a 1/4<i>d.</i>, I should say. Such as it is, clumsy and dirty, this is -the principal form of<span class="pagenum"><a name="page_I_26" id="page_I_26"></a></span> currency known on the Upper Congo where, saving -some parts of the French Congo I visited, European money is still quite -unknown.</p> - -<p>The reasons for the decrease of population at F* given me, both by the -natives and by others, point to sleeping sickness as probably one of the -principal factors. There has also been emigration to the opposite side -of the river, to the French shore, but this course has never, I gather, -been popular. The people have not easily accommodated themselves to the -altered condition of life brought about by European Government in their -midst. Where formerly they were accustomed to take long voyages down to -Stanley Pool to sell slaves, ivory, dried fish, or other local products -against such European merchandise as the Bateke middlemen around the -Pool had to offer in exchange, they find themselves to-day debarred from -all such form of activity.</p> - -<p>The open selling of slaves and the canoe convoys, which once navigated -the Upper Congo, have everywhere disappeared. No act of the Congo State -Government has perhaps produced more laudable results than the vigorous -suppression of this widespread evil. In the 160 miles’ journey from -Léopoldville to F* I did not see one large native canoe in mid-stream, -and only a few small canoes creeping along the shore near to native -villages. While the suppression of an open form of slave dealing has -been an undoubted gain, much that was not reprehensible in native life -has disappeared along with it. The trade in ivory has to-day entirely -passed from the hands of the natives of the Upper Congo, and neither -fish nor any other outcome of local industry now changes hands on an -extensive scale or at any distance from home.</p> - -<p>So far as I could observe in the limited time at my disposal, the people -of F* now rarely leave their homes save when required by the local -Government official at Bolobo to serve as soldiers, or woodcutters at -one of the Government posts, or to convey the weekly supplies of food -required of them to the nearest Government station. These demands for -food-stuffs comprise fowls and goats for consumption by the European -members of the Government staff at Léopoldville, or for passengers on -the Government steamers. They emanate from the Chief of the post at -Bolobo who, I understand, is required in so far as he can, to keep up -this supply. In order to obtain this provision he is forced to exercise -continuous pressure on the local population, and within recent times -that pressure has not always taken the form of mere requisition. Armed -expeditions have been necessary and a more forcible method of levying -supplies adopted than the law either contemplated or justifies. Very -specific statements as to the harm one of these recent expeditions -worked in the country around F* were made to me during my stay there. -The officer in command of the G* district, at the head of a band of -soldiers passed through a portion of the district wherein the natives, -unaccustomed to the duties expected of them, had been backward in -sending in both goats and fowls.</p> - -<p>The result of this expedition, which took place towards the end of 1900, -was that in fourteen small villages traversed seventeen persons -disappeared. Sixteen of these whose names were given to me were killed -by the soldiers, and their bodies recovered by their friends, and one -was reported as missing. Of those killed eleven were men, three women, -and one a boy child of 5 years. Ten persons were tied up and taken away -as prisoners, but were released on payment of sixteen goats by their -friends, except one, a child, who died at Bolobo. In addition 48 goats -were taken away and 225 fowls; several houses were burned, and a -quantity of their owners’ property either pillaged or destroyed. -Representations on behalf of the injured villages were made to the -Inspecteur d’État at Léopoldville, who greatly deplored the excesses of -his subordinate, and sent to hold an inquiry and to pay compensation to -the relatives of those killed and for the live-stock or goods destroyed -or taken away. The local estimate of the damage done amounted to 71,730 -brass rods (3,586 fr.), which included 20,500 brass rods (1,025 fr.), -assessed as compensation for the seventeen people. Three of these were -Chiefs, and the amount asked for would have worked out at about 1,000 -brass rods (50 fr.) per head, not probably an extravagant estimate for -human life, seeing that the goats were valued at 400 rods each (20 fr.). -A total sum, I was told, of 18,000 brass rods (950 fr.) was actually -paid to the injured villages by the Government Commissioner, who came -from Stanley Pool; and this sum, it was said, was levied as a fine for -his misconduct on the official responsible for the raid. I could not -learn what other form of punishment, if any, was inflicted on this -officer. He remained as the Government Representative for some time -afterwards, was then transferred to another post in the immediate -neighbourhood, and finally went home at the expiration of his period of -service.</p> - -<p>At Bolobo, where I spent ten days waiting for a steamer to continue my -journey,<span class="pagenum"><a name="page_I_27" id="page_I_27"></a></span> a somewhat similar state of affairs prevails to that existing -at F*. Bolobo used to be one of the most important native Settlements -along the south bank of the Upper Congo, and the population in the early -days of civilized rule numbered fully 40,000 people, chiefly of the -Bobangi tribe. To-day the population is believed to be not more than -7,000 or 8,000 souls. The Bolobo men were famous in former days for -their voyages to Stanley Pool and their keen trading ability. All of -their large canoes have to-day disappeared, and while some of them still -hunt hippopotami—which are still numerous in the adjacent waters—I did -not observe anything like industry among them.</p> - -<p>Indeed, it would be hard to say how the people now live or how they -occupy their own time. They did not complain so much of the weekly -enforced food supplies required of them, which would, indeed, seem to be -an unavoidable necessity of the situation, as to the unexpected calls -frequently made upon them. Neither rubber nor ivory is obtained in this -neighbourhood. The food supply and a certain amount of local labour is -all that is enforced. As woodcutters, station hands in the Government -post, canoe paddlers, workers on the telegraph route or in some other -public capacity, they are liable to frequent requisition.</p> - -<p>The labour required did not seem to be excessive, but it would seem to -be irregularly called for, unequally distributed, and only poorly -remunerated, or sometimes not remunerated at all.</p> - -<p>Complaints as to the manner of exacting service are much more frequent -than complaints as to the fact of service being required. If the local -official has to go on a sudden journey men are summoned on the instant -to paddle his canoe, and a refusal entails imprisonment or a beating. If -the Government plantation or the kitchen garden require weeding, a -soldier will be sent to call in the women from some of the neighbouring -towns. To the official this is a necessary public duty which he cannot -but impose, but to the women suddenly forced to leave their household -tasks and to tramp off, hoe in hand, baby on back, with possibly a -hungry and angry husband at home, the task is not a welcome one.</p> - -<p>One of the weightier tasks imposed upon the neighbourhood during my stay -at Bolobo was the construction of a wooden pier at the Government beach -whereat Government vessels might come alongside.</p> - -<p>I visited this incompleted structure several times, and estimated that -from 1,500 to 2,000 trees and saplings had already been used in its -partial construction. All of these were cut down and carried in by the -men of some of the neighbouring towns, and for this compulsory service -no remuneration had, up to that date, I was on all sides informed, been -made to any one of them. They were ordered, they said, to do it as a -public duty. The timber needed had to be sought at a considerable -distance, most of the trees had been carried some miles, and the task -was not altogether an agreeable one. The chief complaint I heard -directed against this work, however, was that the pier was being so -badly put up that when finished it would be quite useless, and all their -work would thus be thrown away. My own opinion of the structure was that -this criticism was well founded, and that the first annual rise of the -river would sweep most of the ill-laid timbers away.</p> - -<p>The Bolobo people do not object so much to the regular food tax, just -because this is regular, and they can prepare and regularly meet it, as -to the sudden and unexpected labour tasks, such as canoe journeys, or -this more onerous pier building. They could, I perceived, trace no -connection between this hastily-conceived exaction on their time and -labour and a system of general contribution in the public interest, -which, to be readily admitted, should be clearly defined. Were a regular -annual tax levied in money, or some medium of barter exchange serving as -a legal currency, the people would in time be brought to see that a -payment of this kind evenly distributed and enforced was, indeed, a -public duty they were bound to acquit themselves of, and one their -Government was justified in strictly enforcing; but they do not assign -any such value to the unsystematic calls upon them which prevail to-day. -To be hastily summoned from their usual home avocations, or even from -their possibly habitual idleness, to perform one or other of the tasks -indicated above, and to get neither food nor pay for their exertions, as -is often the case, seems to these unprogressive people not a public -service they are called upon to perform in the public interest, but a -purely personal burden laid upon their bodies and their time by the -local agent of an organization which, to them, would seem to exist -chiefly for its own profit.</p> - -<p>The weight of the kwanga required at Bolobo seemed to be less than that -enforced at F*, and I found that this variance existed throughout the -Upper Congo.<span class="pagenum"><a name="page_I_28" id="page_I_28"></a></span> At Bolobo the kwanga loaves supplied to the Government -post weighed each a little over 3 lb. That made for ordinary sale in the -public market just over 1 lb.: one of each that I weighed myself gave 3 -lb. 2 oz. to the Government loaf, and 13 oz. to that made for general -consumption. The price paid in each case was the same—viz., one brass -rod.</p> - -<p>At the village of H*, some 4 or 5 miles from the Government post, which -I visited, I found the village to number some forty adult males with -their families. This village has to supply weekly to the Government post -400 of these loaves (say 1,250 lb. weight of food) for which a payment -of 20 fr. (400 rods) is made. The people of H* told me that when short -of cassava from their own fields for the preparation of this supply, -they bought the root in the local market and had to pay for it in the -raw state just twice what they received for the prepared and cooked -product they delivered at the post. I had no means of verifying this -statement, but I was assured by many persons that it was strictly true. -In addition to supplying this food weekly, H* is liable to the usual -calls for canoe paddlers, day labourers at the Government station (male -and female), timber gatherers for the pier, and woodcutters at the local -wood-post of the Government steamers.</p> - -<p>There was a good deal of sickness in this town, and in that beyond it at -the date of my visit. Sleeping sickness and, still more, small-pox. Both -diseases have done much to reduce the population. Emigration to the -French shore, once active, would seem now to have ceased. Efforts are -made locally, to improve the physical and sanitary condition of the -people, and improvements due to these efforts are becoming apparent, but -I was given to understand that progress is very slow.</p> - -<p>The insufficiency of food generally observable in this part of the Congo -would seem to account for much sickness, and probably for the mental -depression of the natives I so often observed, itself a frequent cause -of disease. The Chief of the Government post at G* during a part of my -stay there told me that he thought the district was quite exhausted, and -that it must be ever increasingly difficult to obtain food from it for -the public requirements of the local administration.</p> - -<p>Some 40 miles above Bolobo a large “camp d’instruction,” with from 600 -to 800 native recruits and a staff of several European officers is -established at a place called Yumbi. I had, to my regret, no opportunity -of visiting this camp, although I met one of its officers who very -kindly invited me there, promising a hearty welcome. He informed me that -native food supplies were fairly plentiful in the neighbourhood of this -camp, and that the principal rations of the soldiers consisted of -hippopotamus meat, the Congo in that neighbourhood affording a seemingly -inexhaustible supply of these creatures.</p> - -<p>In front of the house of one of the natives in a village, I saw some -seventy hippopotamus skulls. The animals, I was told, had all been -killed by one man. Many are speared, and some are shot by the native -hunters with cap-guns. A somewhat considerable trade in these weapons -appears to have been done until recently by the Government Agents in the -district, and I found several of the Bolobo young men with guns of this -description which they had bought at different times from the local -official, generally paying for them with ivory tusks. The sale of these -arms by Representatives of the Congo Government would seem to have -ceased somewhat more than a year ago, since which date the holders of -the guns have been exposed to some trouble in order to obtain licences. -Dealing in or holding guns of this description would seem to be -regulated by clearly drawn up Regulations, which, however, do not seem -to have been observed until last year. A tax of 20 fr. is now levied on -the issue of a licence to bear arms, which the law renders obligatory on -every gun holder, but this tax is also collected in an irregular manner.</p> - -<p>I learned while at Bolobo that a large influx from the I* district -(which comprises the “Domaine de la Couronne”) had lately taken place -into the country behind G*. The nearest Settlement of these emigrants -was said to be about 20 to 25 miles from G*, and I determined to visit -this place. I spent three days on this journey, visited two large -villages in the interior belonging to the K* tribe, wherein I found that -fully half the population now consisted of refugees belonging to the L* -tribe who had formerly dwelt near I*. I saw and questioned several -groups of these people, whom I found to be industrious blacksmiths and -brass-workers. These people consisted of old and young men, women, and -children. They had fled from their country and sought an asylum with -their friends the K* during the last four years. The distance they had -travelled in their flight they put at about six or seven days’ -march—which I<span class="pagenum"><a name="page_I_29" id="page_I_29"></a></span> should estimate at from 120 to 150 miles of walking. -They went on to declare, when asked why they had fled, that they had -endured such ill-treatment at the hands of the Government officials and -the Government soldiers in their own country that life had become -intolerable, that nothing had remained for them at home but to be killed -for failure to bring in a certain amount of rubber or to die from -starvation or exposure in their attempts to satisfy the demands made -upon them. The statements made to me by these people were of such a -nature that I could not believe them to be true. The fact remained, -however, that they had certainly abandoned their homes and all that they -possessed, had travelled a long distance, and now preferred a species of -mild servitude among the K* to remaining in their own country. I took -careful note of the statements made to me by these people, which will be -found in the transcript attached (Inclosure 1).<a name="FNanchor_12_12" id="FNanchor_12_12"></a><a href="#Footnote_12_12" class="fnanchor">[12]</a> I subsequently found -when at M* some days later, other L*, who confirmed the truth of the -statements made to me at N*.</p> - -<p>On reaching Bolobo in September I obtained information amply confirming -the statements made to me. My own further inquiries at M* are embodied -in the accompanying document (Inclosure 1).<a name="FNanchor_13_13" id="FNanchor_13_13"></a><a href="#Footnote_13_13" class="fnanchor">[13]</a></p> - -<p>Leaving Bolobo on the 23rd July, I passed on up river in a small -steam-launch I had been fortunate enough to secure for my private use. -We touched at several points on the French shore, and on the 25th July -reached Lukolela, where I spent two days. This district had, when I -visited it in 1887, numbered fully 5,000 people; to-day the population -is given, after a careful enumeration, at less than 600. The reasons -given me for their decline in numbers were similar to those furnished -elsewhere, viz., sleeping-sickness, general ill-health, insufficiency of -food, and the methods employed to obtain labour from them by local -officials and the exactions levied on them. The Lukolela district -furnishes a small supply of rubber, which is required by the Local -Government posts to be brought in at fixed periods as a general -contribution. Food—“kwanga” and fish—are also required of the -riverside dwellers. The towns I visited were very ill-kept and -tumble-down, and bore no comparison, either in the class of -dwelling-houses now adopted or in the extent of cultivated ground around -them, to the condition in which these people formerly dwelt.</p> - -<p>Several reasons for the increase of sickness and the great falling-off -in the population of the district were stated by the local missionary, -who has resided for many years at Lukolela, in two letters which he -recently addressed to the Governor-General of the Congo State. A copy of -these letters was handed to me by the writer—the Rev. John -Whitehead—on my calling in at Lukolela on my way down river on the 12th -September. I had no opportunity of verifying, by personal observation, -the statements made by Mr. Whitehead in his letter, for my stay at -Lukolela was only one of a few hours. I have, however, no right to doubt -Mr. Whitehead’s veracity, and he declared himself prepared to accept -full responsibility for the statements his letter contained. A copy of -these letters is appended (Inclosure 2).<a name="FNanchor_14_14" id="FNanchor_14_14"></a><a href="#Footnote_14_14" class="fnanchor">[14]</a></p> - -<p>The Government post at Lukolela I did not visit, but viewed from the -river it presents a charming aspect; well-built houses, surrounded by -plantations of coffee-trees, extend for some distance along the shore.</p> - -<p>From Lukolela I proceeded to O*, which I purposed visiting. O*, with its -two adjoining villages, when I had last seen them in the autumn of 1887, -had presented a scene of the greatest animation. The population of the -three towns then numbered some 4,000 to 5,000 people—O* alone, it was -estimated, containing at least 3,000. Scores of men had put off in -canoes to greet us with invitations that we should spend the night in -their village. On steaming into O*, I found that this village had -entirely disappeared, and that its place was occupied by a large “camp -d’instruction,” where some 800 native recruits, brought from various -parts of the Congo State, are drilled into soldierhood by a Commandant -and a staff of seven or eight European officers and non-commissioned -officers.</p> - -<p>There is also a large plantation of coffee-trees, a telegraph office, -and a trading store, but I could see no indications of native life -beyond those dependent on these establishments. The once villages and -their fields had been converted into a very well-laid-out and -admirably-maintained military station. From the Commandant and his -officers a cordial welcome was received. The camp as a military centre -is excellently chosen, the situation of Irebu commanding not only the -Lake Mantumba waterway, but one of the chief navigable channels of the -Congo; and it is, moreover, situated opposite the estuary of the great -Ubangi River, which is probably the most<span class="pagenum"><a name="page_I_30" id="page_I_30"></a></span> important Congo affluent. The -Commandant informed me that a very large supply of native food, amply -sufficient for the soldiers under his command, was supplied weekly by -the natives of the surrounding district.</p> - -<p>It is difficult to exactly estimate the number of soldiers enrolled and -maintained by the Congo Government. There are, I think, four separate -“camps d’instruction” upon the Upper Congo, each of which should have an -effective of 700 men. The effective strengths of the companies of -Manyuema, Lake Léopold II, Lualaba-Kasai, Aruwimi, and Ruzizi-Kivu were -fixed respectively by Circular of the Governor-General, dated the 25th -June, 1902, at 750, 475, 850, 450, and 875 men. There are many other -companies of the “Force Publique” in the Congo State, and I think it -might safely be estimated that the number of men with the colours does -not amount to less than 18,000. By a Circular addressed to the local -authorities, dated the 26th May last, the Governor-General stated that -it was necessary to add 200 men to each of the camps in the Upper Congo. -In the same Circular a proposed increase of the general strength of the -army was indicated in the following terms:—</p> - -<div class="blockquot"><p>“Notre programme militaire est très vaste et sa réalisation exige -une attention soutenue et de grands efforts, mais sans son -exécution intégrale notre situation demeurera précaire.</p> - -<p>“S’il le fallait, mais je ne pense pas même que ce soit nécessaire, -le Gouvernement se montrerait disposé à augmenter dans une certaine -mesure le contingent pour 1903.”</p></div> - -<p>The same Circular added that:—</p> - -<div class="blockquot"><p>“Certains districts en effet ne remplacent pas les miliciens -décédés, désertés en cours de route et ceux réformés à leur arrivée -au camp.</p> - -<p>“De plus, pendant la période d’instruction dans les camps un grand -nombre de déchets se produisent aussi parmi ces recrues, les -transports de miliciens laissant encore a désirer.”</p></div> - -<p>The Commandant informed me that some of the natives who had fled into -the French territory opposite ten years ago, when the Irebu tribes had -deserted their homes, were now gradually returning to Congo State -territory. I found, subsequently, that this was the case, the people -alleging that since the rubber tax had been dropped in the Mantumba -district they preferred returning to their home lands to remaining on -the strange sites in French territory, to which they had fled when that -tax was at work.</p> - -<p>From Irebu I proceeded some 25 miles to Ikoko, once a large village on -the north shore of Lake Mantumba. I remained in Lake Mantumba seventeen -days visiting, during that time, the Government post at Bikoro on the -east shore of the lake, and many native towns scattered around the lake -side. I also ascended by boat one of the rivers falling into the lake, -and visited three native villages in the forest situated along this -waterway. Lake Mantumba is a fine sheet of water about 25 or 30 miles -long and some 12 or 15 miles broad at the broadest part, surrounded by a -dense forest. The inhabitants of the district are of the Ntomba tribe, -and are still rude savages, using very fine bows and arrows and ill-made -spears as their weapons. There are also in the forest country many -families or clans of a dwarf race called Batwas, who are of a much more -savage and untameable disposition than the Ntombas, who form the bulk of -the population. Both Batwas and Ntombas are still cannibals, and -cannibalism, although repressed and not so openly indulged in as -formerly, is still prevalent in the district. The Mantumba people were, -in the days before the establishment of Congo State rule, among the most -active fishermen and traders of the Upper Congo. In fleets of canoes -they used to issue out upon the main waters of the Congo and travel very -great distances, fighting their way if necessary, in search of -purchasers of their fish or slaves, or to procure these latter. All this -has ceased and, save for small canoes used in catching fish, I saw -neither on the lake itself nor at the many villages I touched along its -shores, any canoes comparable to those so frequently seen in the past. A -man I visited told me that a fine canoe he bought for 2,000 brass rods -(100 fr.), in which to send the weekly imposition of fish to the local -State post, had been kept by the official there, had been used to -transport Government soldiers in, and was now attached to a Government -wood-cutting post, which he named, out on the main river. He had -received nothing for the loss of this canoe, and when I urged him to lay -the matter<span class="pagenum"><a name="page_I_31" id="page_I_31"></a></span> before the local official responsible, who had doubtless -retained the canoe in ignorance, he pulled up his loin cloth and, -pointing to where he had been flogged with a chicotte, said: “If I -complained I should only get more of these.” Although afraid to complain -locally, he declared he would be perfectly willing to accompany me if I -would take him before one of the Congo Judges or, above all, down to -Boma. I assured him that a statement such as that he had made to me -would meet with attention at Boma, and that if he could prove its truth -he would get satisfaction for the loss of the canoe.</p> - -<p>Statements of a similar character, often supported by many witnesses, -were made to me more than once during my journey around the lake, some -of them pointing to far greater derelictions of duty. The same man told -me, on the same occasion, that one of the Government officials of the -district (the same man, indeed, who had retained the canoe) had recently -given him three wives. The official, he declared, had been “making war” -on a town in the forest I was then in, for failing to bring in its fixed -food supply, and as a result of the punitive measures undertaken the -town had been destroyed and many prisoners taken. As a result, several -women so taken were homeless, and were distributed. “Wives were being -given away that day,” said my informant, “he gave me three, but another -man got four.” The man went on to say that one of these “wives” had -since escaped, aided, as he complained, by one of his own townsmen, who -was a slave from her own native town.</p> - -<p>The population of the lake-side towns would seem to have diminished -within the last ten years by 60 or 70 per cent. It was in 1893 that the -effort to levy an india-rubber imposition in this district was begun, -and for some four or five years this imposition could only be collected -at the cost of continual fighting. Finding the task of collecting -india-rubber a well nigh impossible one, the authorities abandoned it in -this district, and the remaining inhabitants now deliver a weekly supply -of food-stuffs for the up-keep of the military camp at Irebu, or the big -coffee plantation at Bikoro. Several villages I visited supply also to -the latter station a fortnightly tax of gum-copal, which the surrounding -forests yield abundantly. Gum-copal is also exposed and washed up on the -shores of the lake. The quantity of this commodity supplied by each -village on which it is assessed is put at 10 bags per fortnight. Each -bag is officially said to contain 25 kilog., so that the imposition -would amount to a quarter of a ton weight per fortnight. I found, when -trying to lift some of these bags I saw being packed at a native village -I was in, that they must weigh considerably more than 25 kilog., so that -I concluded that each sack represents that quantity net of gum-copal. -There is a considerable loss in cleaning, chipping, and washing crude -gum as collected. The quantity brought by each village would thus work -out at 6-1/2 tons per annum. When I visited the Government station at -P*, the chief of that post showed me ten sacks of gum which he said had -been just brought in by a very small village in the neighbourhood. For -this quarter of a ton of gum-copal he said he had paid the village one -piece of blue drill—a rough cotton cloth which is valued locally, after -adding the cost of transport, at 11-1/2 fr. a-piece. By the Congo -Government “Bulletin Officiel” of this year (No. 4, April 1903) I found -that 339-1/2 tons of gum-copal were exported in 1902, all from the Upper -Congo, and that this was valued at 475,490 fr. The value per ton would, -therefore, work out at about 56<i>l.</i> The fortnightly yield of each -village would therefore seem to be worth a maximum of 14<i>l.</i> (probably -less), for which a maximum payment of 11-1/2 fr. is made. At one village -I visited I found the majority of the inhabitants getting ready the -gum-copal and the supply of fish which they had to take to P* on the -morrow. They were putting it into canoes to paddle across the lake—some -20 miles—and they left with their loads in the night from alongside my -steamer. These people told me that they frequently received, instead of -cloth, 150 brass rods (7-1/2 fr.) for the quarter of a ton of gum-copal -they took fortnightly.</p> - -<p>The value of the annual payment in gum-copal made by each town would -seem to be about 360<i>l.</i>, while at an average of 9 fr. as the -remuneration each receives fortnightly, they would appear to receive -some 10<i>l.</i> in annual return.</p> - -<p>In the village of Montaka, at the south end of the lake, where I spent -two days, the people seemed, during my stay, to be chiefly engrossed in -the task of chipping and preparing the gum-copal for shipment to Bikoro, -and in getting ready their weekly yield of fish for the same post. I saw -the filling with gum of the ten basket-sacks taking place under the eyes -of the Chief—who himself contributed—and a State sentry who was posted -there. Each household in the town was represented at this final task, -and every adult householder of Montaka shared in the general -contribution. Assuming the population of Montaka at from 600 to 800—and -it cannot now be more<span class="pagenum"><a name="page_I_32" id="page_I_32"></a></span> although a town of 4,000 souls ten years -ago—fully 150 householders are thus directly affected by the collection -and delivery, each fortnight, of this “impôt en nature,” and are -affected for the great majority of the days throughout the year.</p> - -<p>Since for the 6-1/2 tons of gum-copal which the 150 householders of -Montaka contribute annually, they are seen to receive not more than a -total payment of 10<i>l.</i> in the year—viz., 26 fortnightly payments of, -on an average, say 9 fr. 50 c., giving 247 fr. annually—it follows that -the remuneration each adult householder of Montaka receives for his -entire year’s work is the one hundred and fiftieth part of that -total—or just 1<i>s.</i> 4<i>d.</i> This is just the value of an adult fowl in -Montaka. I bought ten fowls, or chickens rather, the morning of my going -away, and for the only reasonably sized one among them I gave 30 rods (1 -fr. 50 c.), the others, small fledglings, ranging from 15 to 20 rods -each (75 cents. to 1 fr.).</p> - -<p>The 6-1/2 tons of gum-copal supplied annually by these 150 householders -being valued at about 364<i>l.</i>, it follows that each householder had -contributed something like 2<i>l.</i> 8<i>s.</i> per annum in kind.</p> - -<p>The labour involved may or may not be unduly excessive—but it is -continuous throughout the year—each man must stay in his town and be -prepared each week and fortnight to have his contribution ready under -fear of summary punishment.</p> - -<p>The natives engaged as workmen on my steamer were paid each a sum of 20 -rods (1 fr.) per week for food rations only, and 100 rods (5 fr.) per -month wages. One of these native workmen thus earned more in one week of -my service—which was that of any other private establishment employing -ordinary labour—than the Montaka householder got in an entire year for -his compulsory public service rendered to the Government.</p> - -<p>At other villages which I visited, I found the tax to consist of -baskets, which the inhabitants had to make and deliver weekly as well -as, always, a certain amount of food-stuffs—either kwanga or fish. -These baskets are used at Bikoro in packing up the gum-copal for -conveyance down the river and to Europe—the river transport being -effected by Government steamers. The basket-makers and other workers -complained that they were sometimes remunerated for their labour with -reels of sewing cotton and shirt buttons (of which they had no use) when -supplies of cloth or brass wire ran short at Bikoro. As these natives go -almost entirely naked, I could believe that neither thread or shirt -buttons were of much service to them. They also averred that they were -frequently flogged for delay or inability to complete the tale of these -baskets, or the weekly supply of food. Several men, including a Chief of -one town, showed broad weals across their buttocks, which were evidently -recent. One, a lad of 15 or so, removing his cloth, showed several scars -across his thighs, which he and others around him said had formed part -of a weekly payment for a recent shortage in their supply of food. That -these statements were not all untrue was confirmed by my visit to P*, -when the “domaine privé” store was shown to me. It had very little in -it, and I learned that the barter stock of goods had not been -replenished for some time. There appeared to be from 200 to 300 pieces -of coarse cotton cloth, and nothing else, and as the cloth was visibly -old, I estimated the value of the entire stock at possibly 15<i>l.</i> It -certainly would not have fetched more if put up to auction in any part -of the Upper Congo.</p> - -<p>The instructions regulating the remuneration of the native contributors -and the mode of exploitation of the “forêts domaniales” were issued in -the “Bulletin Officiel” of 1896, under authority of Decrees dated the -30th October and the 5th December, 1892.</p> - -<p>These general instructions require that:—</p> - -<div class="blockquot"><p>“L’exploitation se fait par les agents de l’Intendance, sous la -direction du Commissaire de District.</p> - -<p>“Tout ce qui se rapporte à l’exploitation du domaine privé doit -être séparé nettement des autres services gouvernementaux.</p> - -<p>“Les agents préposés à l’exploitation du domaine privé consacrent -tous leurs soins au développement de la récolte du caoutchouc et -des autres produits de la forêt.</p> - -<p>“Quel que soit le mode d’exploitation adopté à cet effet, ils sont -tenus d’accorder aux indigènes une rémunération qui ne sera en -aucun cas inférieure au montant du prix de la main-d’œuvre -nécessaire à la récolte du produit; cette rémunération est fixée -par le Commissaire de District, qui soumet son tarif à -l’approbation du Gouverneur-Général.</p> - -<p>“L’Inspecteur d’État en mission vérifie si ce tarif est en rapport -avec le prix de la main-d’œuvre; il veille à sa stricte -application, et il examine si les conditions générales -d’exploitation ne donnent lieu à aucune plainte justifiée.<span class="pagenum"><a name="page_I_33" id="page_I_33"></a></span></p> - -<p>“Il fait comprendre aux agents chargés du service que, par le fait -de rétribuer équitablement l’indigène, ils emploient le seul moyen -efficace d’assurer la bonne administration du domaine et de faire -naître chez lui le goût et l’habitude du travail.”</p></div> - -<p>Both from the condition of the Domaine Privé Store I inspected at P*, -and the obvious poverty and universal discontent of the native -contributors, whose towns I visited during the seventeen days spent in -Lake Mantumba, it was clear that these instructions had long since -ceased to be operative. The responsibility for the non-application of -such necessary regulations could not be attributed to the local -officials, who, obviously, if left without the means of adequate -remuneration could not themselves make good the oversights or omissions -of their superiors. That these omissions form part of a systematic -breach of instructions conceived in the interest of the native I do not -assert, but it was most apparent that neither in Lake Mantumba nor the -other portions of the Domaine Privé which I visited was any adequate -provision made for inculcating the natives with any just appreciation of -the value of work.</p> - -<p>The station at Bikoro has been established as a Government plantation -for about ten years. It stands on the actual site of the former native -town of Bikoro, an important Settlement in 1893, now reduced to a -handful of ill-kept, untidy huts, inhabited by only a remnant of its -former expropriated population.</p> - -<p>Another small village, Bomenga, stands on the other side of the -Government houses; the plantation enveloping both villages, and -occupying their old cassava fields and gardens, which are now planted -with coffee trees. Further inland these give place to cocoa and -india-rubber trees (<i>fantumia elastica</i>), and also to the indigenous -Landolphia creeper, which is being extensively cultivated. The entire -plantation covers 800 hectares. There are 70 kilom. of well-cleared -pathway through it, one of these roads measuring 11 kilom. in almost a -straight line; 400 workmen are employed, consisting in small part of -local natives, but chiefly of men brought from a distance. One numerous -group I saw I was informed were “prisoners” from the Ruki district. -There are 140,000 coffee trees and 170,000 cocoa trees actually in the -ground, the latter a later planting than the coffee. Last year the yield -was: coffee 112 tons, and cocoa 7 tons, all of which, after cleaning and -preparing at the Government depôt at Kinchasa, was shipped to Europe on -the Government account. India-rubber planting was not begun until -November 1901. There are now 248 hectares already under cultivation, -having 700,000 young Landolphia creepers, and elsewhere on the -plantation, on portions mainly given up to coffee growing, there are -50,000 <i>fantumia elastica</i> and 50,000 <i>manihot glaziovii</i> trees. The -station buildings are composed entirely of native materials, and are -erected entirely by local native labour. The Chief of the Post has very -ably directed the work of this plantation, which engrosses all his time, -and until quite recently he had no assistant. A subordinate official is -now placed under his orders. When he took over the district he told me -there were sixty-eight native soldiers attached to the post, which -number he has now been able to reduce to nineteen. In the days when the -india-rubber tax prevailed in Lake Mantumba there were several hundreds -of soldiers required in that region. No rubber is now worked in the -neighbourhood I am informed.</p> - -<p>Despite the 70 kilom. of roadway through the plantation, much of which -has to be frequently—indeed daily—traversed, the two Europeans have no -means of locomotion provided them, and must make their daily inspection -to various points of this large plantation on foot.</p> - -<p>In addition to the control of this flourishing establishment, the Chief -of the Post is the Executive Chief of the entire district, but it is -evident that but little time or energy could be left to the most -energetic official for duties outside the immediate scope of his work as -a coffee and india-rubber grower, in addition to those “engrossing -cares” the general instructions cited above impose upon the agents who -exploit the State domain.</p> - -<p>I have dwelt upon the condition of P* and the towns I visited around -Lake Mantumba in my notes taken at the time, and these are appended -hereto (Inclosure 3).<a name="FNanchor_15_15" id="FNanchor_15_15"></a><a href="#Footnote_15_15" class="fnanchor">[15]</a> A careful investigation of the conditions of -native life around the lake confirmed the truth of the statements made -to me—that the great decrease in population, the dirty and ill-kept -towns, and the complete absence of goats, sheep, or fowls—once very -plentiful in this country—were to be attributed above all else to the -continued effort made during many years to compel the natives to work -india-rubber. Large bodies of native troops had formerly been quartered -in the district, and the punitive measures undertaken to this end had -endured for a considerable period.<span class="pagenum"><a name="page_I_34" id="page_I_34"></a></span> During the course of these -operations there had been much loss of life, accompanied, I fear, by a -somewhat general mutilation of the dead, as proof that the soldiers had -done their duty. Each village I visited around the lake, save that of Q* -and one other, had been abandoned by its inhabitants. To some of these -villages the people have only just returned; to others they are only now -returning. In one I found the bare and burnt poles of what had been -dwellings left standing, and at another—that of R*—the people had fled -at the approach of my steamer, and despite the loud cries of my native -guides on board, nothing could induce them to return, and it was -impossible to hold any intercourse with them. At the three succeeding -villages I visited beyond R*, in traversing the lake towards the south, -the inhabitants all fled at the approach of the steamer, and it was only -when they found whose the vessel was that they could be induced to -return.</p> - -<p>At one of these villages, S*, after confidence had been restored and the -fugitives had been induced to come in from the surrounding forest, where -they had hidden themselves, I saw women coming back carrying their -babies, their household utensils, and even the food they had hastily -snatched up, up to a late hour of the evening. Meeting some of these -returning women in one of the fields I asked them why they had run away -at my approach, and they said, smiling, “We thought you were Bula -Matadi” (<i>i.e.</i>, “men of the Government”). Fear of this kind was -formerly unknown on the Upper Congo; and in much more out-of-the-way -places visited many years ago the people flocked from all sides to greet -a white stranger. But to-day the apparition of a white man’s steamer -evidently gave the signal for instant flight.</p> - -<p>The chief of the P* post told me that a similar alarm reigned almost -everywhere in the country behind his station, and that when he went on -the most peaceful missions only a few miles from his house the villages -were generally emptied of all human beings when he entered them, and it -was impossible in the majority of cases to get into touch with the -people in their own homes. It was not so in all cases, he said, and he -instanced certain villages where he could go certain of a friendly -reception, but with the majority, he said, he had found it quite -impossible to ever find them “at home.” He gave, as an explanation, when -I asked for the reason of this fear of the white man, that as these -people were great savages, and knew themselves how many crimes they had -committed, they doubtless feared that the white man of the Government -was coming to punish their misconduct. He added that they had -undoubtedly had an “awful past” at the hands of some of the officials -who had preceded him in the local administration, and that it would take -time for confidence to be restored. Men, he said, still came to him -whose hands had been cut off by the Government soldiers during those -evil days, and he said there were still many victims of this species of -mutilation in the surrounding country. Two cases of the kind came to my -actual notice while I was in the lake. One, a young man, both of whose -hands had been beaten off with the butt ends of rifles against a tree, -the other a young lad of 11 or 12 years of age, whose right hand was cut -off at the wrist. This boy described the circumstances of his -mutilation, and, in answer to my inquiry, said that although wounded at -the time he was perfectly sensible of the severing of his wrist, but lay -still fearing that if he moved he would be killed. In both these cases -the Government soldiers had been accompanied by white officers whose -names were given to me. Of six natives (one a girl, three little boys, -one youth, and one old woman) who had been mutilated in this way during -the rubber régime, all except one were dead at the date of my visit. The -old woman had died at the beginning of this year, and her niece -described to me how the act of mutilation in her case had been -accomplished. The day I left Lake Mantumba five men whose hands had been -cut off came to the village of T* across the lake to see me, but hearing -that I had already gone away they returned to their homes. A messenger -came in to tell me, and I sent to T* to find them, but they had then -dispersed. Three of them subsequently returned, but too late for me to -see them. These were some of those, I presume, to whom the official had -referred, for they came from the country in the vicinity of P* station. -Statements of this character, made both by the two mutilated persons I -saw and by others who had witnessed this form of mutilation in the past, -are appended (Inclosure 4).<a name="FNanchor_16_16" id="FNanchor_16_16"></a><a href="#Footnote_16_16" class="fnanchor">[16]</a></p> - -<p>The taxes levied on the people of the district being returnable each -week or fortnight, it follows that they cannot leave their homes. At -some of the villages I visited near the end of Lake Mantumba the fish -supplies have to be delivered weekly to the military camp at Irebu, or -when the water is high in the lake<span class="pagenum"><a name="page_I_35" id="page_I_35"></a></span> and fish harder to catch, every ten -days. The distance from Irebu of one of these towns could not have been -less than 45 miles. To go and come between their homes and the camp -involved to the people of this town 90 miles of canoe paddling, and with -the lake stormy and its waters rough—as is often the case—the double -journey would take at least four days. This consumption of time must be -added to that spent in the catching of the fish, and as the punishment -for any falling off in quantity or delay in delivery is not a light one, -the Chief responsible for the tax stoutly opposes any one quitting the -town. Some proof of this incidentally arose during my stay, and -threatened to delay my journey. Being short-handed I sought, when at -Ikoko, to engage six or seven young men of the town as woodcutters to -travel on board the steamer. I proposed to engage them for two or three -months, and offered good wages, much more than by any local service they -could hope to earn. More men offered than I needed, and I selected six. -The State Chief of the village hearing of this at once came to me to -protest against any of his people leaving the town, and said that he -would have all the youths I had engaged tied up and sent over to the -Government official at Bikoro. There were at the time three soldiers -armed with Albini rifles quartered at Ikoko, and the Chief sent for them -to arrest my would-be crew. The Chief’s argument, too, was perfectly -logical. He said, “I am responsible each week for 600 rations of fish -which must be delivered at Bikoro. If it fails I am held responsible and -will be punished. I have been flogged more than once for a failure in -the fish supply, and will not run any risks. If these men go I shall be -short-handed, therefore they must stay to help in getting the weekly -tax.” I was forced to admit the justice of this argument, and we finally -arrived at a compromise. I promised the Chief that, in addition to -paying wages to the men I took, a sum representing the value to him of -their labour should be left at Ikoko, so that he might hire extra hands -to get the full quantity of fish required of him. S I admitted that he -had been forced to flog men from villages which failed in their weekly -supplies, but that he had for some months discontinued this course. He -said that now he put defaulters into prison instead. If a village which -was held to supply, say, 200 rations of fish each week brought only 180 -rations, he accepted no excuse, but put two men in “block.” If thirty -rations were wanting he detained three of the men, and so on—a man for -each ten rations. These people would remain prisoners, and would have to -work at Bikoro, or possibly would be sent to Coquilhatville, the -administrative head-quarters of the Equator district, until the full -imposition came in.</p> - -<p>I subsequently found when in the neighbourhood of Coquilhatville that -summary arrest and imprisonment of this kind for failure to complete the -tale of local imposition is of constant occurrence. The men thus -arrested are kept often in the “chain gang” along with other prisoners, -and are put to the usual class of penitential work. They are not brought -before or tried by any Court or sentenced to any fixed term of -imprisonment, but are merely detained until some sort of satisfaction is -obtained, and while under detention are kept at hard work.</p> - -<p>Indeed, I could not find that a failure to meet the weekly tax is -punishable by law and no law was cited to me as a warrant for this -summary imprisonment, but if such a law exists it is to be presumed that -it does not treat the weekly taxpayers’ failure as a grave criminal -offence. The men taken are frequently not those in fault; the -requisitioning authority cannot discriminate. He is forced to insure -compliance with the demands imposed on each village, and the first men -to hand from the offending community of necessity have to pay in the -chain-gang the general failure and possibly the individual fault of -others. Men taken in this way are sometimes not seen again in their own -homes. They are either taken to distant Government stations as workmen, -or are drafted as soldiers into the Force Publique. The names of many -men thus taken from the Mantumba district were given to me, and in some -cases their relatives had heard of their death in distant parts of the -country. This practice was, I believe, more general in the past, but -that it still exists to-day, and on an extensive scale, I had several -instances of observing in widely separated districts. The officials -effecting these arrests do not seem to have any other course open to -them, unless it be a resort to military punitive measures or to -individual corporal punishment; while the natives assert that, as the -taxes are unequally distributed, and their own numbers constantly -decreasing, the strain upon them each week often becomes unbearable, and -some of their number will shirk the constantly recurring unwelcome task. -Should this shirking become general instead of being confined to -individuals, punitive measures are undertaken against the refractory -community. Where these do not end in fighting, loss of life and -destruction of native property, they entail very heavy fines which are -levied on the defaulting village. An expedition of the minor kind -occurred some five months<span class="pagenum"><a name="page_I_36" id="page_I_36"></a></span> before my presence in Lake Mantumba. The -village in fault was that of R*, the one where when I sought to visit it -no people would remain to face me. This village was said to have been -some three weeks in arrears with the fish it was required to supply to -the camp at Irebu. An armed force occupied it, commanded by an officer, -and captured ten men and eight canoes. These canoes and the prisoners -were conveyed by water to Irebu, the main force marching back by land.</p> - -<p>My informant, who dwelt in a village near R*, which I was then visiting, -said he saw the prisoners being taken back to Irebu under guard of six -black soldiers, tied up with native rope so tightly that they were -calling aloud with pain. The force halted the night in his town. These -people were detained at Irebu for ten days until the people of R* had -brought in a supply of fish and had paid a fine. Upon their release two -of these men died, one close to Irebu and the other within sight of the -village I was in, and two more, my informant added, died soon after -their return to R*. A man, who saw them, said the prisoners were ill and -bore the marks on wrists and legs of the thongs used in tying them. Of -the canoes captured only the old ones were returned to R*, the better -ones being confiscated.</p> - -<p>The native relating this incident added that he thought it stupid of the -white men to take both men and canoes away from a small place like R* as -a punishment for a shortage in its fish supply. “The men were wanted to -catch fish and so were the canoes,” he said, “and to take both away only -made it harder for the people of R* to perform their task.” I went to R* -in the hope of being able to verify the truth of this and other -statements made to me as to the hardships recently inflicted on its -people by reason of their disobedience, but owing to their timidity, to -whatever cause this might have been due, it was impossible for me to get -into touch with any of them. That a very close watch is kept on the -people of the district and their movements is undoubted. In the past -they escaped in large numbers to the French territory, but many were -prevented by force from doing this, and numbers were shot in the -attempt.</p> - -<p>To-day the Congolese authorities discourage intercourse of this kind, -not by the same severe measures as formerly, but probably none the less -effectively. By a letter dated the 2nd July, 1902, the present -Commandant of the camp of Irebu wrote as follows to the Rev. E. V. -Sjoblom, a Swedish Missionary (since dead), who was then in charge of -the Mission at Ikoko:</p> - -<div class="blockquot"><p>“Je vous serais bien obligé de ne pas permettre à vos jeunes gens -de se rendre sur la rive Française et vendre aux indigènes Français -qui ont fui notre rive, des vivres, produits du travail de nos -indigènes, que eux-mêmes n’ont pas fui et ne se sont pas soustraits -au travail que nous leur avons imposé.”</p></div> - -<p>From Lake Mantumba I proceeded to the immediate neighbourhood of -Coquilhatville, where five days were spent, chiefly at native -communities which stretch for some distance along the east bank of the -Congo. These villages formerly extended for 15 miles, and were then -filled with a numerous population. To-day they are broken up into -isolated settlements, each much reduced in numbers, and with (in most -cases) the houses badly constructed. There were no goats or sheep to be -seen, whereas formerly these were very plentiful, and food for the crew -was only obtained with difficulty. In the village of V*, which I twice -visited, the usual tax of food-stuff, with firing for the steamers, had -to be supplied to Coquilhatville, which is distant only some 6 miles. A -Government sentry was quartered here, who, along with one of the Chiefs -of the town, spoke fully of the condition of the people. The sentry -himself came from the Upper Bussira River, some hundreds of miles -distant. This was, he said, his third period of service with the Force -Publique. As his reason for remaining so long in this service he -asserted that, as his own village and country were subjected to much -trouble in connection with the rubber tax, he could not live in his own -home, and preferred, he said, laughing, “to be with the hunters rather -than with the hunted.” Both a Chief V* and this sentry represented the -food taxes levied on this village as difficult for the people to -collect, and only inadequately remunerated. There would appear in all -these statements a contradiction in terms. The contributions required of -the natives are continually spoken of as a “tax,” and are as continually -referred to as being “paid for” or “remunerated.” It is obvious that -taxes are neither bought nor sold, but the contradiction is only one of -terms. The fact is that the weekly or fortnightly contributions -everywhere required of the native communities I visited are levied as -taxes, or “prestations annuelles,” by authority of a Royal Decree of the -Sovereign of the Congo State. The Decrees authorizing the levy of these -taxes are dated the 6th October, 1891 (Article 4), that of the 5th -December,<span class="pagenum"><a name="page_I_37" id="page_I_37"></a></span> 1892, and (for the district of Manyeuma) that of the 28th -November, 1893. There is a further Decree, dated the 30th April, 1897, -requiring the establishment and up-keep by native Chiefs of coffee and -cocoa plantations. I nowhere saw or heard of such plantations existing -as institutions maintained by the natives themselves. There are -plantations of both existing, but these are the property of either the -Government itself or of some European agency acting with its sanction -and partly in its interests, on lands declared as public lands. With -regard to the two first Decrees establishing a system of taxation, -provision was made for the investiture of a native Chief recognized by -the local Government authority, who should give to this Chief a copy of -the <i>procès-verbal</i>, as registered in the public archives, and a medal -or other symbol of office. With this investiture a list was ordered to -be drawn up, indicating the name of the village, its exact situation, -the names of the Headmen, the number of its houses, and the actual -number of the population—men, women, and children. The Decree then goes -on to provide for the manner in which the “prestations annuelles” -imposed on each village were to be assessed. A list of the products to -be furnished by each village—such as maize, sorghum, palm oil, -ground-nuts, &c., corvées of workmen or soldiers—was to be drawn up by -the Commissaire of the district. It was provided that this list should -also indicate the lands which were to be cleared and cultivated under -the direction of the Chiefs, the nature of such cultivation put in hand, -and “all other works of public utility which might be prescribed in the -interest of public health, the exploitation or improvement of the soil, -or otherwise.” These lists had first of all to be submitted for his -approval to the Governor-General. I could not find that, save in respect -of the strict enforcement of the contributions, this law was generally -or rigorously observed. In many villages where I asked for it no copy of -any <i>procès-verbal</i> could be produced, and in several cases no act of -investiture of the local Chief seemed to have ever taken place. -Plantations, such as those outlined in the Decree which made provision -for them, nowhere exist in any part of the country I traversed. The -enumeration of the houses and people had in some instances been made, I -was informed, but it was many years ago; and as the population had since -greatly declined, this enumeration could not to-day always serve as an -accurate basis on which to reckon the extent of the existing -contribution.</p> - -<p>At the village of A*, which I visited twice during my stay in the -neighbourhood, A furnished me with particulars as to his own public -obligations. His portion of A* had formerly been extensive, and at the -date when an enumeration was made contained many people. To-day it has -only six adult householders, including himself, inhabiting now eleven -huts in all, with their wives and children—a total population of -twenty-seven persons. My attention was first drawn to him and his -village by my meeting with a young boy—a lad of 7 years old, I should -judge—whom I found in the village of U* as the recently acquired -property of B. B told me he had bought the boy, C, from A for 1,000 rods -(50 fr.). A, he said, having to meet a fine imposed by the -Commissaire-Général for shortage in some of the weeks’ supplies, and -being 1,000 rods short of the amount required, had pawned his nephew C -to him for that sum. This had taken place on the <span class="bblankk-space-in-text"> </span>, -and my interview with B and the boy took place on the [blank space in -text]. The next day I walked to A*, which lies within a few miles of -Coquilhatville, and saw A and his town and people. There were then -exactly eight men in the town, including himself; but as two have since -been detained as prisoners at Coquilhatville for deficiencies in the -weekly supplies, there were, when I last saw A* in September, only six -adult males there. The weekly imposition levied on A’s part of A* was—</p> - -<p> -<span style="margin-left: 1em;">Kwanga 150 rations (about 700 lbs. weight of food).</span><br /> -<span style="margin-left: 1em;">Fish 95 rations.</span><br /> -<span style="margin-left: 1em;">Palm thatching mats 900</span><br /> -<span style="margin-left: 1em;">Firewood, for steamer fuel 2 canoe loads.</span><br /> -</p> - -<p>Also each week one large fresh fish or, in lieu thereof, two fowls for -the European table at Coquilhatville. In addition, the men had to help -in hunting game in the woods for the European station staff.</p> - -<p>The payments made each week for these supplies (when they were -completely delivered) were:—</p> - -<p> -<span style="margin-left: 19.5em;">Fr. c.</span><br /> -<span style="margin-left: 1em;">Kwanga, 150 rods 7 50</span><br /> -<span style="margin-left: 1em;">Fish, 95 rods 4 75</span><br /> -<span style="margin-left: 1em;">Palm mats, 180 rods 9 0</span><br /> -<span style="margin-left: 1em;">2 canoe loads firewood, 1 rod 0 5</span><br /> -<span style="margin-left: 19.5em;">———</span><br /> -<span style="margin-left: 19.5em;">21 30</span><br /> -</p> - -<p>Payments for firewood were made by a paper receipt to be redeemed -annually, but A told me he had refused to accept the annual payment of -50 rods (2 fr. 50 c.) for 104 canoe loads of wood delivered during the -twelve months. To obtain these supplies A had frequently to purchase -both fish and palm mats. The fish, as a rule, cost from 10 to 20 rods -per ration, and the market price of thatching mats is 1 rod each; while -the kwanga, which the Government paid 1 rod for, fetched just 5 rods -each in the open market. The value of A’s weekly contribution was, -according to current prices, as follows:—</p> - -<p> -<span style="margin-left: 1em;">————————————————————+————-+————————-</span><br /> -<span style="margin-left: 17.5em;">| Rods. | Value.</span><br /> -<span style="margin-left: 21em;">+————-+—————</span><br /> -<span style="margin-left: 17.5em;">| | Fr. c.</span><br /> -<span style="margin-left: 1em;">150 rations, kwanga, each 5 rods | 750 | 37 50</span><br /> -<span style="margin-left: 1.5em;">95 “ fish, each 10 rods | 950 | 47 50</span><br /> -<span style="margin-left: 1em;">900 palm mats, each 1 rod | 900 | 45 0</span><br /> -<span style="margin-left: 2em;">2 canoe loads firewood, each 20 rods | 40 | 2 0</span><br /> -<span style="margin-left: 21em;">+————-+—————</span><br /> -<span style="margin-left: 9.5em;">Total | | 132 0</span><br /> -<span style="margin-left: 1em;">————————————————————+————-+————————-</span><br /> -</p> - -<p>Thus, taking no account of the fresh fish or fowls, A’s small township -of eight households lost 110 fr. 70 c. per week. At the year’s end, -while they had contributed 6,864 fr. worth of food and material to the -local Government station, they had received as recompense 1,107 fr. 60 -c. A, personally, had a larger share of the tax to meet than any of the -others, and I found that the value of his personal contribution reached -80<i>l.</i> 3<i>s.</i> 4<i>d.</i> per annum by local prices, while he received in -settlement 9<i>l.</i> 15<i>s.</i> in Government payments. He therefore contributed -on his household of two wives, his mother, and dependents, inhabiting -three grass and cane huts, an amount equal to 70<i>l.</i> 8<i>s.</i> 4<i>d.</i> per -annum net.</p> - -<p>These figures, I found on inquiry, were confirmed as correct by those -who were acquainted with the local conditions. A stated that his elder -brother, D, was in reality Chief of the township, but that some eight -months previously D had been arrested for a deficiency in the fish and -kwanga supplies. The Commissaire had then imposed a fine of 5,000 rods -(250 fr.) on the town, which A, with the assistance of a neighbouring -Chief named C, had paid. D was not thereupon at once released, and soon -afterwards escaped from the prison at Coquilhatville, and remained in -hiding in the forest. Soldiers came from the Government station and tied -up eight women in the town. A and all the men ran away upon their -coming, but he himself returned in the morning. The Commissaire-Général -visited A*, and told A that as D had run away he (A) was now the -recognized Chief of the town. He was then ordered to find his fugitive -brother, whose whereabouts he did not know, and a town in the -neighbourhood name E, suspected of harbouring him, was fined 5,000 rods. -Since that date, although D had returned to A* to reside, A had been -held, against his will, as responsible Chief of the town. He was a young -man of about 23 or 24 years of age I should say. He had repeatedly, he -stated, begged to be relieved of the honour thrust upon him, but in -vain. His brother, D, had recently been put again in prison at -Coquilhatville in connection with the loss of two cap-guns furnished him -when Chief in order to procure game for the local white men’s table. The -present impositions laid on A* were, A asserted, much more than it was -possible for him to meet. He had repeatedly appealed to the -Commissaire-Général and other officers at Coquilhatville, including the -law officer, begging them to visit his town and see for themselves—as I -might see—that he was speaking the truth. But, so far, no one would -listen to him, and he had been always rebuffed. On the last occasion of -his making this appeal, only three days before I saw him, he had been -threatened with prompt imprisonment if he failed in his supplies, and he -said he now saw no course before him but flight or imprisonment. He -could not run away, he said, and leave his mother and dependents; -besides, he would be surely found, and, in any case, whatever town -harboured him would be fined as E had been.</p> - -<p>On a certain Sunday, when he had gone in with the usual weekly supplies, -which are returnable on Sundays, he had been short of eight rations of -fish and ten rations of kwanga and 330 palm mats, representing a value -of 84 rods (4 fr. 20 c.), as estimated on the scale of Government -payments. On the same date the other and larger portion of A* town was -also short of its tale of supplies, and a fine of 5,000 brass rods (250 -fr.) was imposed upon the collective village. A’s share<span class="pagenum"><a name="page_I_39" id="page_I_39"></a></span> of this fine -was fixed by the natives among themselves at 2,000 rods, of which 1,000 -rods were to be his own personal contribution. Having himself now no -money and no other means of obtaining it, he had pledged—with the -consent of the father—his little nephew, D’s son, whom I had seen with -B. In making inquiry, A’s story received much confirmation. He was, at -any rate, known as a man of very good character, and everything pointed -to his statement being true. On my return down river, I again saw A, who -came after nightfall to see me, in the hope that I might perhaps be able -to help him. He said that, since I had left a month previously, two of -the boys of his town had been detained at Coquilhatville as prisoners -when taking the rations on two successive weeks, owing to a deficiency -on each occasion of 18 rods in value (90 cents.), and that these two -boys—whose names he gave me—were still in prison. He had been that -very day, he said, to beg that they might be released, but had failed, -and there were now only five adult males in his village, including -himself.</p> - -<p>While in Coquilhatville on this mission, he declared that he had seen -eleven men brought in from villages in the neighbourhood, who were put -in prison before him—all of them on account of a shortage in the -officially fixed scale of supplies required from their districts. I -offered to take him away with me in order to lay his case before the -judicial authorities elsewhere, but he refused to leave his mother. That -A’s statements were not so untrustworthy as on the face they might seem -to be, was proved a few days later by a comparison of his case with that -of another village I visited. This was a town named W*, lying some three -miles inland in a swampy forest situated near the mouth of the X* River. -On quitting Coquilhatville, I proceeded to the mouth of this river, -which enters the Congo some forty-five miles above that station, and I -remained two days in that neighbourhood. Learning that the people of the -immediate neighbourhood had recently been heavily fined for failure in -their food supplies, which have to be delivered weekly at that station, -and that these fines had fallen with especial severity on W*, I decided -to visit that town.</p> - -<p>It was on the 21st August that I visited W*, where I found that the -statements made to me were borne out by my personal observation. The -town consisted of a long single street of native huts lying in the midst -of a clearing in the forest. In traversing it from end to end I -estimated the number of its people at about 600 all told.</p> - -<p>At the upper end of the town a number of men and women assembled, and -some came forward, when they made a lengthy statement to the following -effect. From this upper end of the town wherein I was 100 rations of -kwanga had to be supplied weekly, and thirty fowls at a longer interval. -These latter were for the use of Coquilhatville, while the kwanga was -very largely for the use of the wood-cutters at the nearest Government -wood-cutting post on the main river. The usual prices for these -articles, viz., for the kwanga, 1 rod each, and for the fowls 20 rods -were paid. The people also had to take each week 10 fathoms of firewood -to the local wood-post, for which they often got no payment, and their -women were required twice a week to work at the Government coffee -plantation which extends around the wood-post.</p> - -<p>I saw some bundles of firewood being got ready for carriage to this -place. They were large and very heavy, weighing, I should say, from 70 -to 80 lb. each. Some months earlier, at the beginning of the year, -owing, as they said, to their failure to send in the fowls to -Coquilhatville, an armed expedition of some thirty soldiers, commanded -by a European officer, had come thence and occupied their town. At first -they had fled into the forest, but were persuaded to come in. On -returning, many of them—the principal men—- were at once tied up to -trees. The officer informed them that as they had failed in their duty -they must be punished. He required first that twenty-five men should be -furnished as workmen for Government service. These men were taken away -to serve the Government as labourers, and those addressing me did not -know where these men now were. They gave eighteen names of men so taken, -and said that the remaining seven came from the lower end of the town -through which I had passed on entering, where the relatives themselves -could give me particulars if I wished. The twenty-five men had not since -been seen in W*, nor had any one there cognizance of their whereabouts. -The officer had then imposed as further punishment a fine of 55,000 -brass rods (2,750 fr.)—110<i>l.</i> This sum they had been forced to pay, -and as they had no other means of raising so large a sum they had, many -of them, been compelled to sell their children and their wives. I saw no -live-stock of any kind in W* save a very few fowls—possibly under a -dozen—and it seemed, indeed, not unlikely that, as these people -asserted, they had great difficulty in always<span class="pagenum"><a name="page_I_40" id="page_I_40"></a></span> getting their supplies -ready. A father and mother stepped out and said that they had been -forced to sell their son, a little boy called F, for 1,000 rods to meet -their share of the fine. A widow came and declared that she had been -forced, in order to meet her share of the fine, to sell her daughter G, -a little girl whom I judged from her description to be about 10 years of -age. She had been sold to a man in Y*, who was named, for 1,000 rods, -which had then gone to make up the fine.</p> - -<p>A man named H stated that while the town was occupied by the soldiers, a -woman who belonged to his household, named I, had been shot dead by one -of the soldiers. Her husband, a man named K, stepped forward and -confirmed the statement. They both declared that the woman had quitted -her husband’s house to obey a call of Nature, and that one of the -soldiers, thinking she was going to run away, had shot her through the -head. The soldier was put under arrest by the officer, and they said -they saw him taken away a prisoner when the force was withdrawn from -their town, but they knew nothing more than this. They did not know if -he had been tried or punished. No one of them had ever been summoned to -appear, no question had been addressed to them, and neither had the -husband nor the head of I’s household received any compensation for her -death. Another woman named L, the wife of a man named M, had been taken -away by the native sergeant who was with the soldiers. He had admired -her, and so took her back with him to Coquilhatville. Her husband heard -she had died there of small-pox, but he did not know anything certain of -her circumstances after she had been taken away from W*. A man named N -said he had sold his wife O to a man in Y* for 900 rods to meet his -share of the fine.</p> - -<p>It was impossible for me to verify these statements, or to do much -beyond noting down, as carefully as possible, the various declarations -made. I found, however, on returning to Y*, that the statements made -with regard to the little boy F and the girl G were true. These children -were both in the neighbourhood, and owing to my intervention F was -restored to his parents. The girl G, I was told, had again changed -hands, and was promised in sale to a town on the north bank of the -Congo, named Iberi, whose people are said to be still open cannibals. -Through the hands of the local missionary this transfer was prevented, -and I paid the 1,000 rods to her original purchaser, and left G to be -restored to her mother from the Mission. I saw her there on the 9th -September, after she had been recovered through this missionary’s -efforts, while about to be sent to her parent.</p> - -<p>With regard to the quantity of food supplies levied upon W*, I did not -obtain the total amount required of the entire community, but only that -which the upper end of the town furnished. The day of my visit happened -to be just that when the kwanga, due at the local wood-post, was being -prepared for delivery on the morrow. I saw many of the people getting -their shares ready. Each share of kwanga, for which a payment of 1 rod -is made by the Government, consisted of five rolls of this food tied -together. One of these bundles of five rolls I sought to buy, offering -the man carrying it 10 rods—or ten times what he was about to receive -for it from the local Government post. He refused my offer, saying that, -although he would like the 10 rods, he dare not be a bundle of his -ration short. One of these bundles was weighed and found to weigh over -15 lb. This may have been an extraordinarily large bundle, although I -saw many others which appeared to be of the same size. I think it would -be safe to assume that the average of each ration of kwanga required -from this town was not less than 12 lb. weight of cooked and carefully -prepared food—a not ungenerous offering for 1/2<i>d.</i> By this computation -the portion of W* I visited sends in weekly 1,200 lb. weight of food at -a remuneration of some 5 fr. Cooked bread-stuffs supplied at 9 or 10 fr. -per ton represent, it must be admitted, a phenomenally cheap loaf. At -the same time with this kwanga, being prepared for the Government use, I -saw others being made up for general public consumption. I bought some -of these, which were going to the local market, at their current market -value, viz., 1 rod each. On weighing them I found they gave an average -of 1 lb. each. The weight of food-stuffs required by the Government from -this town would seem to have exceeded in weight twelve times that made -up for public consumption.</p> - -<p>Whilst I was in Y* a fresh fine of 20,000 rods (1,000 fr.) was in course -of collection among the various households along the river bank. This -fine had been quite recently imposed by direction of —— for a further -failure on the part of the Y* towns in the supply of food-stuffs from -that neighbourhood. I saw at several houses piles of brass rods being -collected to meet it, and in front of one of these houses I counted -2,700 rods which had been brought together by the various dependents of -that<span class="pagenum"><a name="page_I_41" id="page_I_41"></a></span> family; 6,000 rods of this further fine was, I was told, to be -paid by W*, which had not then recovered from its previous much larger -contribution. The W* men begged me to intervene, if I could at all help -them to escape this further imposition. One of them—a strong, indeed a -splendid-looking man—broke down and wept, saying that their lives were -useless to them, and that they knew of no means of escape from the -troubles which were gathering around them. I could only assure these -people that their obvious course to obtain relief was by appeal to their -own constituted authorities, and that if their circumstances were -clearly understood by those responsible for these fines, I trusted and -believed some satisfaction would be forthcoming.</p> - -<p>These fines, it should be borne in mind, are illegally imposed: they are -not “fines of Court”; are not pronounced after any judicial hearing, or -for any proved offence against the law, but are quite arbitrarily levied -according to the whim or ill-will of the executive officers of the -district, and their collection, as well as their imposition, involves -continuous breaches of the Congolese laws. They do not, moreover, figure -in the account of public revenues in the Congo “Budgets;” they are not -paid into the public purse of the country, but are spent on the needs of -the station or military camp of the officer imposing them, just as seems -good to this official.</p> - -<p>I can nowhere learn upon what legal basis, if any, the punishments -inflicted upon native communities or individuals for failure to comply -with the various forms of “prestations” rest.</p> - -<p>These punishments are well-nigh universal and take many shapes, from -punitive expeditions carried out on a large scale to such simpler forms -of fine and imprisonment as that lately inflicted on U*.</p> - -<p>I cannot find in the Penal Code of the Congo Statute Book that a failure -to meet or a non-compliance with any form of prestation or <i>impôt</i> is -anywhere defined as a crime; and so far as I can see no legal sanction -could be cited for any one of the punishments so often inflicted upon -native communities for this failure.</p> - -<p>By a Royal Decree of the 11th August, 1886, provision was made for the -punishments to be inflicted for infractions of the law not punishable by -special penalties.</p> - -<p>Since no special penalty in law would seem to have been provided for -cases of failure or refusal to comply with the demands of the -tax-gatherer, it would seem to be in the terms of this Decree that the -necessary legal sanctions could alone lie.</p> - -<p>But this Decree provides for all otherwise unspecified offences far -other punishments, and far other modes of inflicting them than so many -of those which came to my notice during my brief journey.</p> - -<p>Article 1 of this Decree provides that:—</p> - -<div class="blockquot"><p>“Les contraventions aux décrets, ordonnances, arrêtes, règlements -d’administration intérieure et de police, à l’égard desquelles la -loi ne détermine pas de peines particulières, seront punies d’un à -sept jours de servitude pénale et d’une amende n’excédant pas 200 -fr., ou d’une de ces peines seulement.”</p></div> - -<p>Article 2 requires that:—</p> - -<div class="blockquot"><p>“Ces peines seront appliquées par les Tribunaux de l’État -conformément aux lois en vigueur.”</p></div> - -<p>It would be manifestly impossible to say that either in form or mode of -procedure this law had been applied to the failure of the community at -W* to meet the demands made upon them.</p> - -<p>Neither the summary arrest and taking away from their homes of the men -whose names were given to me nor the imposition of the very heavy fine -of brass rods find any warrant in this page of the Congo Statute Book.</p> - -<p>If a legal warrant exists for the action of the authorities in this -case—as in the numerous other cases brought to my notice—that action -would still call for much adverse comment.</p> - -<p>The amount of the fine levied on W* was not only out of all proportion -to the gravity of the offence committed, but was of so crushing a -character as to preclude the possibility of its being acquitted by any -reasonable or legitimate means that community disposed of.</p> - -<p>Among the earliest enactments of civilized administrations, recognition -has invariably been given to the pronouncement that no fine or -imposition, or exaction, shall exceed the powers of the person on whom -it is imposed to meet it.</p> - -<p>But if, as I venture to presume, no Congolese law or judicial -pronouncement<span class="pagenum"><a name="page_I_42" id="page_I_42"></a></span> exists, or could exist, for the levying, in this manner, -of these fines, very explicit Regulations for the treatment of the -natives on general lines and their right to judicial protection do -exist.</p> - -<p>In the “texte coordonné des diverses instructions relatives aux rapports -des Agents de l’État avec les indigènes,” which are to be found in the -“Bulletin Officiel” of 1896 (p. 255), these Regulations are published at -length and would seem, textually, to leave little room for criticism.</p> - -<p>Were their application enforced it is abundantly clear that a situation -such as that I found in existence at W* could not arise, and much of the -general unhappiness and distress of the natives I witnessed on all sides -would disappear along with the fines and much also of the “prestations,” -within the first month of the translation into action of these -Regulations.</p> - -<p>One paragraph only need here be cited to emphasize the bearing and -import of these remarks:—</p> - -<div class="blockquot"><p>“Les agents doivent se souvenir que les peines disciplinaires -prévues par le règlement de discipline militaire ne sont -applicables qu’aux recrutés militaires, uniquement pour des -infractions contre la discipline, et dans les conditions -spécialement prévues par le dit règlement.</p> - -<p>“Elles ne sont applicables, sous aucune prétexte, aux serviteurs de -l’État non militaire ni aux indigènes, que ceux-ci soient ou non en -rébellion vis-à-vis de l’Etat.</p> - -<p>“Ceux d’entre eux qui sont prévenus de délits ou crimes doivent -être déférés aux Tribunaux compétents et jugés conformément aux -lois.”</p></div> - -<p>At neither W* nor Y* is any rubber worked. With my arrival in the -Lulongo River, I was entering one of the most productive rubber -districts of the Congo State, where the industry is said to be in a very -flourishing condition. The Lulongo is formed by two great feeders—the -Lopori and Maringa Rivers—which, after each a course of some 350 miles -through a rich, forested country, well peopled by a tribe named Mongos, -unite at Bassankusu, some 120 miles above where the Lulongo enters the -Congo. The basins of these two rivers form the Concession known as the -A.B.I.R., which has numerous stations, and a staff of fifty-eight -Europeans engaged in exploiting the india-rubber industry, with -head-quarters at Bassankusu. Two steamers belonging to the A.B.I.R. -Company navigate the waterways of the Concession, taking up European -goods and bringing down to Bassankusu the india-rubber, which is there -transhipped on board a Government steamer which plies for this purpose -between Coquilhatville and Bassankusu, a distance of probably 160 miles. -The transport of all goods and agents of the A. B. I. R. Company, -immediately these quit the Concession, is carried on exclusively by the -steamers of the Congo Government, the freight and passage-money obtained -being reckoned as part of the public revenue. I have no actual figures -giving the annual output of india-rubber from the A.B.I.R. Concession, -but it is unquestionably large, and may, in the case of a prosperous -year, reach from 600 to 800 tons. The quality of the A.B.I.R. rubber is -excellent, and it commands generally a high price on the European -market, so that the value of its annual yield may probably be estimated -at not less than 150,000<i>l.</i> The merchandise used by the Company -consists of the usual class of Central African barter goods—cotton -cloths of different quality, Sheffield cutlery, matchets, beads, and -salt. The latter is keenly sought by the natives of all the interior of -Africa. There is also a considerable import by the A.B.I.R. Company, I -believe, of cap-guns, which are chiefly used in arming the -sentinels—termed “forest guards”—who, in considerable numbers, are -quartered on the native villages throughout the Concession to see that -the picked men of each town bring in, with regularity, the fixed -quantity of pure rubber required of them every fortnight. I have no -means of ascertaining the number of this class of armed men employed by -the A.B.I.R. Company, but I saw many of them when up the Lopori River, -and the gun of one of these sentries—himself an Ngombe savage—had -branded on the stock “Depôt 2210.” In addition to its numerous forest -guards, armed with cap-guns, which, at close quarters, can be a very -effective weapon, the A. B. I. R. Company has a fairly strong armament -of rifles. These are limited to twenty-five rifles for the use of each -factory. The two steamers, I believe, have also a similar armament.</p> - -<p>The Secteur of Bongandanga, which was the only district of the A.B.I.R. -Concession I visited, has three “factories,” so that the number of -rifles permitted in that one district would be seventy-five. I do not -know if any limits or what<span class="pagenum"><a name="page_I_43" id="page_I_43"></a></span> limits are imposed on the number of -cartridges which are permitted for the defence of these factories. One -of the largest Congo Concession Companies had, when I was on the Upper -River, addressed a request to its Directors in Europe for a further -supply of ball-cartridge. The Directors had met this demand by asking -what had become of the 72,000 cartridges shipped some three years ago, -to which a reply was sent to the effect that these had all been used in -the production of india-rubber. I did not see this correspondence, and -cannot vouch for the truth of the statement; but the officer who -informed me that it had passed before his own eyes was one of the -highest standing in the interior.</p> - -<p>When at Stanley Pool in June I had seen in one of the Government stores -at Léopoldville a number of cases of rifles marked A. B. I. R. awaiting -transport up river in one of the Government vessels; and upon my return -to that neighbourhood, I was told by a local functionary that 200 rifles -had, in July, been so shipped for the needs of the Lomami Company.</p> - -<p>The right of the various Concession Companies operating within the Congo -State to employ armed men—whether these bear rifles or cap-guns—is -regulated by Government enactments, which confer on these commercial -Societies what are termed officially “rights of police” (“droits de -police”). A Circular of the Governor-General dealing with this question, -dated the 20th October, 1900, points out the limits within which this -right may be exercised. Prior to the issue of this Circular (copy of -which is attached—Inclosure 5),<a name="FNanchor_17_17" id="FNanchor_17_17"></a><a href="#Footnote_17_17" class="fnanchor">[17]</a> the various Concession Companies -would appear to have engaged in military operations on a somewhat -extensive scale, and to have made war upon the natives on their own -account. The Regulations this Circular provides, to insure the licensing -of all arms, rifles, and cap-guns, do not seem to be strictly observed, -for in several cases the sentries or forest guards I encountered on my -journey up the Lulongo had no licence (Modèle C) of the kind required by -the Circular; and in two cases I found them provided with arms of -precision. That the extensive use of armed men in the pay of the -so-called Trading Societies, or in the service of the Government, as a -means to enforce the compliance with demands for india-rubber, had been -very general up to a recent date, is not denied by any one I met on the -Upper Congo.</p> - -<p>In a conversation with a gentleman of experience on this question, our -remarks turned upon the condition of the natives. He produced a disused -diary, and in it, I found and copied the following entry:—</p> - -<div class="blockquot"><p>M. P. called on us to get out of the rain, and in conversation with -M. Q. in presence of myself and R., said: ‘The only way to get -rubber is to fight for it. The natives are paid 35 centimes per -kilog., it is claimed, but that includes a large profit on the -cloth; the amount of rubber is controlled by the number of guns, -and not the number of bales of cloth. The S. A. B. on the Bussira, -with 150 guns, get only 10 tons (rubber) a-month; we, the State, at -Momboyo, with 130 guns, get 13 tons per month.’ ‘So you count by -guns?’ I asked him. ‘Partout,’ M. P. said, ‘Each time the corporal -goes out to get rubber cartridges are given to him. He must bring -back all not used; and for every one used, he must bring back a -right hand.’ M. P. told me that sometimes they shot a cartridge at -an animal in hunting; they then cut off a hand from a living man. -As to the extent to which this is carried on, he informed me that -in six months they, the State, on the Momboyo River, had used 6,000 -cartridges, which means that 6,000 people are killed or mutilated. -It means more than 6,000, for the people have told me repeatedly -that the soldiers kill children with the butt of their guns.</p></div> - -<p>In conversation upon this entry, I was told that the M. P. referred to -was an officer in the Government service, who, at the date in question, -had come down from the Momboyo River (a tributary of the great Ruki -River, and forming a part, I believe, of the “Domaine de la Couronne”) -invalided, on his way home. He had come down in very bad health. He -stated then that he was going home, not to return to the Congo, but he -died, only a little way further down the river, very soon afterwards.</p> - -<p>The same gentleman stated that he had reported this conversation orally -at Boma, as instancing the methods of exaction then in force. It is -probable that the issue of the circular quoted was not unconnected with -these remarks.</p> - -<p>The region drained by the Lulongo being of great fertility has, in the -past, maintained a large population. In the days prior to the -establishment of civilized rule in the interior of Africa, this river -offered a constant source of supply to the slave<span class="pagenum"><a name="page_I_44" id="page_I_44"></a></span> markets of the Upper -Congo. The towns around the lower Lulongo River raided the interior -tribes, whose prolific humanity provided not only servitors, but human -meat for those stronger than themselves. Cannibalism had gone hand in -hand with slave raiding, and it was no uncommon spectacle to see gangs -of human beings being conveyed for exposure and sale in the local -markets. I had in the past, when travelling on the Lulongo River, more -than once viewed such a scene. On one occasion a woman was killed in the -village I was passing through, and her head and other portions of her -were brought and offered for sale to some of the crew of the steamer I -was on. Sights of this description are to-day impossible in any part of -the country I traversed, and the full credit for their suppression must -be given to the authorities of the Congo Government. It is, perhaps, to -be regretted that in its efforts to suppress such barbarous practices -the Congo Government should have had to rely upon, often, very savage -agencies wherewith to combat savagery. The troops employed in punitive -measures were—and often are—themselves savages, only removed by -outward garb from those they are sent to punish. Moreover, the measures -employed to obtain recruits for the public service were themselves often -but little removed from the malpractices that service was designed to -suppress. The following copy of an order for Government workmen drawn up -by a former Commissaire of the Equator District, and having reference to -the Maringa affluent of the Lulongo River indicates that the Congo -Government itself did not hesitate some years ago to purchase slaves -(required as soldiers or workmen), who could only be obtained for sale -by the most deplorable means:—</p> - -<div class="blockquot"><p>“Le Chef Ngulu de Wangata est envoyé dans la Maringa, pour m’y -acheter des esclaves. Prière à M.M. les agents de l’A.B.I.R. de -bien vouloir me signaler les méfaits que celui-ci pourrait -commettre en route.</p> - -<p class="r"> -“Le Capitaine-Commandant,<br /> -(Signé) “<span class="smcap">Sarrazzyn</span>.”<br /> -</p> - -<p>“<i>Colquilhatville, le 1<sup>er</sup> Mai, 1896.</i>”</p></div> - -<p>This document was shown to me during the course of my journey. The -officer who issued this direction was, I was informed, for a -considerable period chief executive authority of the district; and I -heard him frequently spoken of by the natives who referred to him by the -sobriquet he had earned in the district, “Widjima,” or “Darkness.”</p> - -<p>The course of the Lulongo River below Bassakanusu to its junction with -the Congo lies outside the limits of the A.B.I.R. Concession, and the -region is, I believe, regarded as one of the free-trading districts -wherein no exclusive right to the products of the soil is recognized. -The only trading-house in this district is one termed the La Lulanga, -which has three depôts, or factories, along the river bank, the -principal of which is at Mampoko. This Company has a small steamer in -which its native produce is collected, but the general transport of all -its goods, as in the case of the Concession Societies, is performed by -Government craft. The La Lulanga does not, I understand, enjoy the -rights of police as defined by the Governor-General’s Circular of the -20th October, 1900, but it employs a considerable number of armed men -equally termed “forest guards.” These men are quartered throughout the -lower course of the Lulongo River, and I found that, as with the -A.B.I.R., the sole duty they performed was to compel by force the -collection of india-rubber or the supplies which each factory needed. As -the district in which the La Lulanga Society carries on these operations -is one that had already been subjected to still more comprehensive -handling by two of the large Concession Companies, who only abandoned it -when, as one of their agents informed me, it was nearly exhausted, the -stock of rubber vines in it to-day is drawing to an end, and it is only -with great difficulty that the natives are able to produce the quantity -sufficient to satisfy their local masters. In the course of my dealings -with the natives I found that several of the sentries of this Company -had quite recently committed gross offences which, until my arrival, -appeared to have gone undetected—certainly unpunished. Murder and -mutilation were charged against several of them by name by the natives -of certain townships close to the head-quarters of this Company, who -sought me in the hope that I might help them. These people in several -cases said that they had not complained elsewhere because they had felt -that it was useless. As long as the rubber tax imposed upon them endured -in its present compulsory form with the sanction of the authorities, -they said it was idle to draw attention to acts which were but -incidental to its collection.<span class="pagenum"><a name="page_I_45" id="page_I_45"></a></span> The La Lulanga Company, not any more than -the A.B.I.R., would seem to have a legal right to levy taxes, but the -fact remains that from the natives who supply these two trading -Companies with all that they export as well as with their local supplies -of food and material, the Congo Government itself requires no -contribution to the public revenue. These people, therefore, must be -either legally exempted from supporting the Government of their country, -or else a portion of the contributions they make to the A.B.I.R. and -Lulanga Companies must be claimed by that Government in lieu of the -taxes it is justified in imposing on these districts.</p> - -<p>In the case of the A.B.I.R. Society, it is said that a portion of the -profits are paid into the public revenues of the Congo Government (who -hold certain shares in the undertaking), and that these figure annually -in the Budget as “produit de porte-feuille.” In making this explanation -to me, an agent of one of the Upper Congo trading Companies said the -term should more correctly be “produit de porte-fusil,” and to judge -from the large numbers of armed men I saw employed, the correction was -not inapposite.</p> - -<p>The Concession Companies, I believe, account for the armed men in their -service on the ground that their factories and agents must be protected -against the possible violence of the rude forest dwellers with whom they -deal; but this legitimate need for safeguarding European establishments -does not suffice to account for the presence, far from those -establishments, of large numbers of armed men quartered throughout the -native villages, and who exercise upon their surroundings an influence -far from protective. The explanation offered me of this state of things -was that, as the “impositions” laid upon the natives were regulated by -law, and were calculated on the scale of public labour the Government -had a right to require of the people, the collection of these -“impositions” had to be strictly enforced. When I pointed out that the -profit of this system was not reaped by the Government, but by a -commercial Company, and figured in the public returns of that Company’s -affairs, as well as in the official Government statistics, as the -outcome of commercial dealings with the natives, I was informed that the -“impositions” were in reality trade, “for, as you observe, we pay the -natives for the produce they bring in.” “But,” I observed, “you told me -just now that these products did not belong to the natives, but to you, -the Concessionnaire, who owned the soil; how, then, do you buy from them -what is already yours?” “We do not buy the india-rubber. What we pay to -the native is a remuneration for his labour in collecting our produce on -our land, and bringing it to us.”</p> - -<p>Since it was thus to the labour of the native alone that the profits of -the Company were attributed, I inquired whether he was not protected by -contract with his employer; but I was here referred back to the -statement that the native performed these services as a public duty -required of him by his Government. He was not a contracted labourer at -all, but a free man, dwelling in his own home, and was simply acquitting -himself of an “imposition” laid upon him by the Government, “of which we -are but the collectors by right of our Concession.” “Your Concession, -then, implies,” I said, “that you have been conceded not only a certain -area of land, but also the people dwelling on that land?” This, however, -was not accepted either, and I was assured that the people were -absolutely free, and owed no service to any one but to the Government of -the country. But there was no explanation offered to me that was not at -once contradicted by the next. One said it was a tax, an obligatory -burden laid upon the people, such as all Governments have the undoubted -right of imposing; but this failed to explain how, if a tax, it came to -be collected by the agents of a trading firm, and figured as the outcome -of their trade dealings with the people, still less, how, if it were a -tax, it could be justly imposed every week or fortnight in the year, -instead of once, or at most, twice a year.</p> - -<p>Another asserted that it was clearly legitimate commerce with the -natives because these were well paid and very happy. He could not then -explain the presence of so many armed men in their midst, or the reason -for tying up men, women, and children, and of maintaining in each -trading establishment a local prison, termed a “maison des otages,” -wherein recalcitrant native traders endured long periods of confinement.</p> - -<p>A third admitted that there was no law on the Congo Statute Book -constituting his trading establishment a Government taxing station, and -that since the product of his dealings with the natives figured in his -Company’s balance-sheets as trade, and paid customs duty to the -Government on export, and a dividend to the shareholders, and as he -himself drew a commission of 2 per cent. on his turnover, it must be -trade; but this exponent could not explain how, if these operations were -purely commercial,<span class="pagenum"><a name="page_I_46" id="page_I_46"></a></span> they rested on a privilege denied to others, for -since, as he asserted, the products of his district could neither be -worked nor bought by any one but himself, it was clear they were not -merchandise, which, to be merchandise, must be marketable. The summing -up of the situation by the majority of those with whom I sought to -discuss it was that, in fact, it was forced labour conceived in the true -interest of the native, who, if not controlled in this way, would spend -his days in idleness, unprofitable to himself and the general community. -The collection of the products of the soil by the more benevolent -methods adopted by the Trading Companies was, in any case, preferable to -those the Congo Government would itself employ to compel obedience to -this law, and therefore if I saw women and children seized as hostages -and kept in detention until rubber or other things were brought in, it -was better that this should be done by the cap-gun of the “forest guard” -than by the Albini armed soldiers of the Government who, if once -impelled into a district, would overturn the entire country side.</p> - -<p>No more satisfactory explanation than this outline was anywhere offered -me of what I saw in the A.B.I.R. and Lulanga districts. It is true -alternatives of excuse with differing interpretations of what I saw were -offered me in several quarters, but these were so obviously untrue, that -they could not be admitted as having any real relation to the things -which came before me.</p> - -<p>At a village I touched at up the Lulonga River, a small collection of -dwellings named Z*, the people complained that there was no rubber left -in their district, and yet that the La Lulanga Company required of them -each fortnight a fixed quantity they could not supply. Three forest -guards of that Company were quartered, it was said, in this village, one -of whom I found on duty, the two others, he informed me, having gone to -Mampoko to convoy the fortnight’s rubber. No live-stock of any kind -could be seen or purchased in this town, which had only a few years ago -been a large and populous community, filled with people and well stocked -with sheep, goats, ducks, and fowls. Although I walked through most of -it, I could only count ten men with their families. There were said to -be others in the part of the town I did not visit, but the entire -community I saw were living in wretched houses and in most visible -distress. Three months previously (in May, I believe), they said a -Government force, commanded by a white man, had occupied their town -owing to their failure to send in to the Mampoko head-quarters of the La -Lulanga Company a regular supply of india-rubber, and two men, whose -names were given, had been killed by the soldiers at that time.</p> - -<p>As Z* lies upon the main stream of the Lulongo River, and is often -touched at by passing steamers, I chose for the next inspection a town -lying somewhat off this beaten track, where my coming would be quite -unexpected. Steaming up a small tributary of the Lulongo, I arrived, -unpreceded by any rumour of my coming, at the village of A**. In an open -shed I found two sentries of the La Lulanga Company guarding fifteen -native women, five of whom had infants at the breast, and three of whom -were about to become mothers. The chief of these sentries, a man called -S—who was bearing a double-barrelled shot-gun, for which he had a belt -of cartridges—at once volunteered an explanation of the reason for -these women’s detention. Four of them, he said, were hostages who were -being held to insure the peaceful settlement of a dispute between two -neighbouring towns, which had already cost the life of a man. His -employer, the agent of the La Lulanga Company at B** near by, he said, -had ordered these women to be seized and kept until the Chief of the -offending town to which they belonged should come in to talk over the -palaver. The sentry pointed out that this was evidently a much better -way to settle such troubles between native towns than to leave them to -be fought out among the people themselves.</p> - -<p>The remaining eleven women, whom he indicated, he said he had caught and -was detaining as prisoners to compel their husbands to bring in the -right amount of india-rubber required of them on next market day. When I -asked if it was a woman’s work to collect india-rubber, he said, “No; -that, of course, it was man’s work.” “Then why do you catch the women -and not the men?” I asked. “Don’t you see,” was the answer, “if I caught -and kept the men, who would work the rubber? But if I catch their wives, -the husbands are anxious to have them home again, and so the rubber is -brought in quickly and quite up to the mark.” When I asked what would -become of these women if their husbands failed to bring in the right -quantity of rubber on the next market day, he said at once that then -they would be kept there until their husbands had redeemed them. Their -food, he explained, he made the Chief of A** provide, and he himself saw -it given to them daily. They came from more than one village of the -neighbourhood, he said, mostly from the Ngombi or inland country,<span class="pagenum"><a name="page_I_47" id="page_I_47"></a></span> where -he often had to catch women to insure the rubber being brought in in -sufficient quantity. It was an institution, he explained, that served -well and saved much trouble. When his master came each fortnight to A** -to take away the rubber so collected, if it was found to be sufficient, -the women were released and allowed to return with their husbands, but -if not sufficient they would undergo continued detention. The sentry’s -statements were clear and explicit, as were equally those of several of -the villagers with whom I spoke. The sentry further explained, in answer -to my inquiry, that he caught women in this way by direction of his -employers. That it was a custom generally adopted and found to work -well; that the people were very lazy, and that this was much the -simplest way of making them do what was required of them. When asked if -he had any use for his shot-gun, he answered that it had been given him -by the white man “to frighten people and make them bring in rubber,” but -that he had never otherwise used it. I found that the two sentries at -A** were complete masters of the town. Everything I needed in the way of -food or firewood they at once ordered the men of the town to bring me. -One of them, gun over shoulder, marched a procession of men—the Chief -of the village at their head—down to the water side, each carrying a -bundle of firewood for my steamer. A few chickens which were brought -were only purchased through their intermediary, the native owner in each -case handing the fowl over to the sentry, who then brought it on board, -bargained for it, and took the price agreed upon. When, in the evening, -the Chief of the village was invited to come and talk to me, he came in -evident fear of the sentries seeing him or overhearing his remarks, and -the leader, S, finding him talking to me, peremptorily broke into the -conversation and himself answered each question put to the Chief. When I -asked this latter if he and his townsmen did not catch fish in the C** -River, in which we learned there was much, the sentry, intervening, said -it was not the business of these people to catch fish—“they have no -time for that, they have got to get the rubber I tell them to.”</p> - -<p>At nightfall the fifteen women in the shed were tied together, either -neck to neck or ankle to ankle, to secure them for the night, and in -this posture I saw them twice during the evening. They were then trying -to huddle around a fire. In the morning the leading sentry, before -leaving the village, ordered his companion in my hearing to “keep close -guard on the prisoners.” I subsequently discovered that this sentry, -learning that I was not, as he had at first thought, a missionary, had -gone or sent to inform his employer at C** that a strange white man was -in the town.</p> - -<p>An explanation of what I had witnessed at A** was later preferred by the -representative of this Company for my information, but was in such -direct conflict with what I had myself observed that it could not be -accepted either as explaining the detention of the women I had seen tied -neck to neck, or as a refutation of the statements of the sentry, made -to me at a time when he had no thought that his avowals had any bearing -on his employer’s interests.</p> - -<p>From A** I proceeded to Bongandanga, a station of the A.B.I.R. Company -which lies some 120 or 130 miles up the Lopori, a tributary of the -Lulongo, and only halted for very brief periods <i>en route</i>. I arrived at -Bongandanga on the 29th August when what was locally termed the rubber -market was in full swing. The natives of the surrounding country are, on -these market days, which are held at intervals of a fortnight, marched -in under a number of armed guards, each native carrying his fortnight’s -supply of india-rubber for delivery to the agent of the Company. During -my stay at Bongandanga I had frequent occasion to meet the two agents of -this Society, who received me with every kindness and hospitality.</p> - -<p>The A.B.I.R. station was well built and well cared for, and gave -evidence of unremitting industry on the part of those in charge of it. -There were two good houses for the European staff and a number of large -well-built bamboo stores for the storing and drying of india-rubber. All -the houses were constructed of native materials, indeed, with the -exception of a small stock of barter goods in one of the stores and the -European provisions required for the white men, everything I saw came -from the surrounding district, provided in one form or another by its -native inhabitants. This applies to practically every European -establishment in the interior of the country, the only differences being -as to the manner in which the help of the natives may be sought and -recompensed. Building material of all kinds from very heavy timber to -roofing mats and native string to tie these on with are provided by the -natives; but their services in supplying these indispensable adjuncts to -civilized existence do not appear to be everywhere equally remunerated. -At Bongandanga I saw thirty-three large tree trunks, each of which could -not have weighed less than 1/2 a ton, some of them nearer 1 ton, which, -I was told, had been felled and carried in<span class="pagenum"><a name="page_I_48" id="page_I_48"></a></span> by the natives for his use -in building a new house. He explained that as the natives came in from -different districts fortnightly, and then had only to carry very small -baskets of india-rubber, this additional burden was imposed upon them, -but that this was one reserved for unwilling workers of india-rubber. It -was, in fact, one of the punishments for backward “récolteurs.”</p> - -<p>At Bongandanga the men of the district named E**, distant about 20 -miles, had been brought in with the rubber from that district. They -marched in in a long file, guarded by sentries of the A.B.I.R. Company, -and when I visited the factory grounds to observe the progress of the -“market,” I was informed by the local agent that there were 242 men -actually present. As each man was required, I was told, to bring in 3 -kilog. nett of rubber, the quantity actually brought in on that occasion -should have yielded about three-quarters of a ton of pure rubber. The -rubber brought by each man, after being weighed and found correct, was -taken off to be cut up in a large store, and then placed out on drying -shelves in other stores. As considerable loss of weight arises in the -drying to obtain 3 kilog. nett a dead weight of crude rubber -considerably in excess of that quantity must be brought in. There were -everywhere sentries in the A.B.I.R. grounds, guarding and controlling -the natives, many of whom carried their knives and spears. The sentries -were often armed with rifles, some of them with several cartridges -slipped between the fingers of the hands ready for instant use; others -had cap-guns, with a species of paper cartridge locally manufactured for -charging this form of muzzle-loader. The native vendors of the rubber -were guarded in detachments or herds, many of them behind a barricade -which stretched in front of a house I was told was the factory prison, -termed locally, I found, the “maison des otages.” The rubber as brought -up by each man under guard, was weighed by one of the two agents of the -A.B.I.R. present, who sat upon the verandah of his house. If the rubber -were found to be of the right weight its vendor would be led off with it -to the cutting up store or to one of the drying stores. In the former -were fully 80 or 100 natives who had already passed muster, squatting on -raised cane platforms, busily cutting up into the required sizes the -rubber which had been passed and accepted. At the corners of these -platforms stood, or equally squatted, sentries of the A.B.I.R. with -their rifles ready.</p> - -<p>In another store where rubber was being dried seven natives came in -while I was inspecting it carrying baskets which were filled with the -cut-up rubber, which they then at once began sorting and spreading on -high platforms. These seven men were guarded by four sentries armed with -rifles.</p> - -<p>Somewhat differing explanations were offered me of the reasons for the -constant guarding of the natives I observed during the course of the -“market.” This was first said to be a necessary precaution to insure -tranquillity and order within the trading factory during the presence -there of so many raw and sturdy savages. But when I drew attention to -the close guard kept upon the natives in the drying and cutting sheds, I -was told that these were “prisoners.” If the rubber brought by its -native vendor were found on the weighing machine to be seriously under -the required weight, the defaulting individual was detained to be dealt -with in the “maison des otages.” One such case occurred while I was on -the ground. The defaulter was directed to be taken away, and was dragged -off by some of the sentries, who forced him on to the ground to remain -until the market was over. While being held by these men he struggled to -escape, and one of them struck him in the mouth whence blood issued, and -he then remained passive. I did not learn how this individual -subsequently purged his offence, but when on a later occasion I visited -the inclosure in front of the prison I counted fifteen men and youths -who were being guarded while they worked at mat-making for the use of -the station buildings. These men, I was then told, were some of the -defaulters of the previous market day, who were being kept as compulsory -workmen to make good the deficiency in their rubber.</p> - -<p>Payments made to the rubber-bringers, depending on the quantity brought, -consisted of knives, matchets, strings of beads, and sometimes a little -salt. I saw many men who got a wooden handled knife of Sheffield -cutlery, good and strong—others got a matchet. The largest of these -knives with a 9-inch blade, and the smaller with a 5-inch, cost in -Europe, I find, 2<i>s.</i> 10<i>d.</i>, and 1<i>s.</i> 5<i>d.</i> per dozen respectively, -less 2-1/2 per cent. cash discount. The men who got the knife of the -larger kind, or a matchet, had brought in, I understood, a full basket -of pure rubber, which may have represented a European valuation of some -27 fr. To the original cost of one of these knives, say 2-3/4<i>d.</i>, -should be added fully 100 per cent. to cover transport charges, so that -their local cost would be about 6<i>d.</i> Among the natives themselves these -knives pass at 25 rods (1·25 fr.) and 15 rods (75 centimes) each. From -two of these rubber workers I later<span class="pagenum"><a name="page_I_49" id="page_I_49"></a></span> purchased two of these knives, -giving twenty-five teaspoonfuls of salt for the larger, and six -teaspoonfuls with an empty bottle for the smaller. From a third member -of their party, whose payment had consisted of a string of thirty-nine -blue and white glass beads (locally valued at 5 rods), I bought his -fortnight’s salary for five teaspoonfuls of salt. This youth, indeed, -confessed that his basket of rubber had not been so well filled as those -of the others.</p> - -<p>I went to the homes of these men some miles away and found out their -circumstances. To get the rubber they had first to go fully a two days’ -journey from their homes, leaving their wives, and being absent for from -five to six days. They were seen to the forest limits under guard, and -if not back by the sixth day trouble was likely to ensue. To get the -rubber in the forests—which generally speaking are very -swampy—involves much fatigue and often fruitless searching for a -well-flowing vine. As the area of supply diminishes, moreover, the -demand for rubber constantly increases. Some little time back I learned -the Bongandanga district supplied 7 tons of rubber a-month, a quantity -which it was hoped would shortly be increased to 10 tons. The quantity -of rubber brought by the three men in question would have represented, -probably, for the three of them certainly not less than 7 kilog. of pure -rubber. That would be a very safe estimate, and at an average of 7 fr. -per kilog. they might be said to have brought in 2<i>l.</i> worth of rubber. -In return for this labour, or imposition, they had received goods which -cost certainly under 1<i>s.</i>, and whose local valuation came to 45 rods -(1<i>s.</i> 10<i>d.</i>). As this process repeats itself twenty-six times a-year, -it will be seen that they would have yielded 52<i>l.</i> in kind at the end -of the year to the local factory, and would have received in return some -24<i>s.</i> or 25<i>s.</i> worth of goods, which had a market value on the spot of -2<i>l.</i> 7<i>s.</i> 8<i>d.</i> In addition to these formal payments they were liable -at times to be dealt with in another manner, for should their work, -which might have been just as hard, have proved less profitable in its -yield of rubber, the local prison would have seen them. The people -everywhere assured me that they were not happy under this system, and it -was apparent to a callous eye that in this they spoke the strict truth.</p> - -<p>In September I visited a native village called D**, situated some miles -from the A.B.I.R. factory at Bongandanga. I went there to see one of the -natives, who, with his wife and little children, had come to visit me. -My going to his town was solely a friendly visit to this man’s -household, since I was told that he was an excellent character, and one -who set a good example to his countrymen. On the way, at some 4 or 5 -miles only from the A.B.I.R. factory, I passed through a part of D** -(which is a very long town) where were several sentries of the A.B.I.R. -Society. One of these had a 6-chamber revolver loaded with six 4·50 Ely -cartridges—doubtless given, like the shot-gun at A**, for intimidation -rather than for actual use. Another sentry present had only his cap-gun. -He said there were in this one village six sentries of the A.B.I.R., but -that the other four had just gone into Bongandanga guarding some -prisoners. These were, it was explained to me, some of the natives of -the country side who had not brought in what was thought to be a -sufficiency of india-rubber. A little further on I met two more sentries -of the A.B.I.R. in this town. Coming home from D** by another road I -found two other sentries apparently acting as judges and settling a -“palaver” among the natives, this being one of the commonest uses to -which these men put their authority in their own interest, levying -blackmail and interfering in the domestic concerns of the natives by -compelling payment for their “judicial” decisions.</p> - -<p>The following day my host at D** came in to say that the sentries were -making trouble with him on account of my visit of the previous day, -declaring that they would inform the agent of the A.B.I.R. that he and -others had told me lies about their treatment by that Company, and that -they would all be put in the prison gang and sent away out of their -country. That evening C E spoke to me of my visit to D** of the previous -day, assuring me that the natives were all liars and rogues. The fact -that I had personally gone to see a native community, theoretically as -free as I was myself, and that I had spoken at first hand to some of -these natives themselves, caused, I could not but perceive, considerable -annoyance.</p> - -<p>That the fears of my native host were not entirely groundless I -subsequently learned by letter from Bongandanga, wherein I was informed -that two of his wives and one of the children I had seen had fled in the -middle of the night for refuge to the Mission evangelist—the sentries -quartered at D** having arrested my friend at midnight, and that he had -been brought in a prisoner to the A.B.I.R. factory.</p> - -<p>As to the condition of the men who paid by detention in the “maison des -otages”<span class="pagenum"><a name="page_I_50" id="page_I_50"></a></span> their shortcomings in respect of rubber, I was assured by the -local agent that they were not badly treated and that “they got their -food.” On the other hand, I was assured in many quarters that flogging -with the chicotte—or hippopotamus-hide whip—was one of the measures -used in dealing with refractory natives in that institution. I was told -that men have frequently been seen coming away from the factory, after -the rubber markets, who had been flogged, and that on two occasions this -year, the last of them in March, two natives had been so severely -flogged that they were being carried away by their friends.</p> - -<p>The A.B.I.R. Society effectually controls the movements of the natives -both by water as well as by land. Since almost every village in the -Concession is under control, its male inhabitants are entered in books, -and according to age and strength have to furnish rubber or, in the -villages close to the factory, food-stuffs, such as antelope meat or -wild pig (which the elders are required to hunt), as also the customary -kwanga bread, or bananas, and fowls and ducks. An agent showed me some -of these village lists, during the purchasing of the rubber, of the 242 -E** men, explaining that the impositions against the individuals named -are fixed by the Government, and are calculated on the bodily service -each man owes it, but from which he is exempted in the Concession in -order to work rubber and assist the progressive development of the -A.B.I.R. Company’s territory. He added that it was not the few guns he -disposed of at F** which compelled obedience to this law, but the power -of the Congo State “Force Publique,” which, if a village absolutely -refuses obedience, would be sent to punish the district to compel -respect to these civilized rights. He added that, as the punishment -inflicted in these cases was terribly severe, it was better that the -milder measures and the other expedients he was forced to resort to -should not be interfered with. These measures, he said, involved -frequent imprisonment of individuals in his local “house of hostages.” A -truly recalcitrant man, he said, who proved enduringly obstinate in his -failure to bring in his allotted share of rubber, would in the end be -brought to reason by these means. He would find, I was assured, as a -result of his perversity that the whole of his time must be spent either -in the prison or else in being marched under guard between it and his -native town. Terms of fifteen days, from “market” day to “market” day, -were the usual period of detention, and generally proved -sufficient—during which time the prisoners worked around the -factory—but longer periods were not at all unknown. My informant added -that an excellent project for dealing with obstinate opponents to the -rubber industry had recently been mooted, but had not been carried into -practice. This was to transport to the Upper Lopori, or the Upper -Maringa, far from their homes and tribes, such men as could not be -reclaimed by milder methods. In these distant regions they would have no -chance of running away, but would be kept under constant guard and at -constant work. This proposal had, however, been disapproved of by the -local authorities. In one town I visited, the Chief and some thirty -people gave me the names of several men of the town who had, about -eighteen months previously, been transported in this manner to G**, an -A.B.I.R. post, some 340 miles by water from Bongandanga. Three, whose -names were stated, had already died, only two had returned, the others -being still detained.</p> - -<p>Deaths even in the local prison are not, however, unknown. I heard of -several. The late Chief of H**, a town I visited with the agent of the -A.B.I.R. station had died some months before as the result, it was said, -of imprisonment. He had been arrested because another man of the town -had not brought in antelope meat when required. After one and a-half -months’ imprisonment the Chief was released. He was then so weak that he -could not walk the 2 miles home to H**, but collapsed on the way and -died early the following morning. This was on the 14th June last.</p> - -<p>On the <span class="bblankk-space-in-text"> </span> September a man named T came to see me. He -had been very badly wounded in the thigh, and walked with difficulty. He -stated that a sentry of the A.B.I.R., a man named U, had shot him, as I -saw; and at the same time had killed V, a friend. The sentries had come -to arrest the Chief of H** on account of meat, which was short for the -white man—not the present white man, but another—and his people had -gathered around the Chief to protect him. An inquiry I gathered had been -held by a Law Officer into this and other outrages committed the -previous year, and as a result the sentry U had been removed from the -district. T went on to say to me that this sentry was now back in the -country at large, and a free man. When I asked him if he himself had not -been compensated for the injuries entailing partial disablement he had -received, he said: “Four months ago I was arrested for not having got -meat, and was kept one and a-half<span class="pagenum"><a name="page_I_51" id="page_I_51"></a></span> months in prison on that account. U, -who killed V, and shot me here in the thigh, is a free man, as all men -know; but I, who am wounded, have to hunt meat.”</p> - -<p>This statement I found on fuller inquiry in other quarters was -confirmed; and it became apparent that while the murderer was at large, -one of those he had seriously injured, and almost incapacitated, was -still required to hunt game, and paid for his failure by imprisonment. -On further inquiry, I gathered that this occasion was the only one -locally known when a qualified Law Officer had ever visited the Lopori, -although charges from that region involving very grave accusations had, -on several occasions, been preferred. There being no Magistrate resident -in the whole of the A.B.I.R. Concession, inquiries, unless conducted by -the agents of the A.B.I.R. themselves, have to be investigated at -Coquilhatville—distant fully 270 miles from Bongandanga, and over 400 -miles from some parts of the Concession.</p> - -<p>It is true an officer of the Congo Executive is deputed to exercise a -qualified surveillance within this Concession; but he is not a qualified -Magistrate or legally empowered to act as such.</p> - -<p>The occupant of this post is a military officer of inferior rank, who is -quartered, with a force of soldiers, near to Bassankusu, the chief -station of the A.B.I.R. Company.</p> - -<p>This officer, when he enters the A.B.I.R. territory, is accompanied by -soldiers, and his actions would appear to be generally confined to -measures of a punitive kind, the necessity for such measures being that -which almost everywhere applies—namely, a refusal of or falling off in -the supplies of india-rubber.</p> - -<p>At the date of my visit to the Lopori he was engaged in a journey, not -unconnected with fighting, to the Maringa River. His independence is not -complete, nor is his disassociation from the A.B.I.R. Company’s agencies -as marked as, in view of the circumstances attending the collection of -rubber, it should be.</p> - -<p>His journeys up the two great rivers, the Maringa and Lopori, which -drain the A.B.I.R. territory, are made on the steamers of that Company, -and he is, to all intents, a guest of the Company’s agents.</p> - -<p>The supervision of this officer extends also over the course of the -Lulongo river, outside the A.B.I.R. Concession, and he it was who had -occupied the town of Z* on an occasion some months before my visit, when -two native men had been killed.</p> - -<p>The Commissaire-Général of the Equator District has also, at recent -periods, visited the A.B.I.R. Concession, but this officer, although the -Chief of the Executive and the President of the Territorial Court of the -entire district, came as a visitor to the A.B.I.R. stations and as guest -on the steamer of that Company.</p> - -<p>No steamer belonging to the Congo Government regularly ascends either -the Lopori or Maringa rivers, and the conveyance of mails from the -A.B.I.R. territory depends, for steamer transport, on the two vessels of -that Company.</p> - -<p>On the 15th June last, the Director of this Company by letter informed -the Missions of Bongandanga and Baringa that he had given orders to the -steamers of the Company to refuse the carriage of any letters or -correspondence coming from or intended for either of those Mission -stations, which are the only European establishments, not belonging to -the A.B.I.R. Company, existing within the limits of the Concession.</p> - -<p>Resulting from this order the missionaries at these two isolated posts -are now compelled, save when, some three times a year, the Mission -steamer visits them, to dispatch all their correspondence by canoes to -their agent at Tkau, lying just outside the Concession.</p> - -<p>This involves the engagement of paddlers and a canoe journey of 120 to -130 miles from each of these Missions down to Tkau.</p> - -<p>But as the A.B.I.R. Company claims a right to interrogate all canoes -passing up or down stream, this mode of transport leaves some elements -of insecurity, apart from the delay and inconvenience otherwise -entailed.</p> - -<p>At the date of my visit to the Concession, the Mission at Baringa, -situated 120 miles up the Maringa river, had despatched a canoe manned -by native dependents with mails intended for the outer world—the -nearest post office being at Coquilhatville, some 260 miles distant.</p> - -<p>When seeking to pass the A.B.I.R. station at Waka, situated half-way -down the Maringa river, this canoe was required by the European agent -there to land and to deliver to him its correspondence.</p> - -<p>The native canoe men reported that this agent had opened the packet and -questioned them, and that the letters intrusted to them for delivery to -the Mission<span class="pagenum"><a name="page_I_52" id="page_I_52"></a></span> representative at Tkau were not restored to them without -delay and much inconvenience.</p> - -<p>It might not be too much to expect that, in return for the very -extensive privileges it enjoys of exploitation of public lands and a -large native population, the A.B.I.R. Company should be required, in the -entire absence of the public flotilla, to discharge the not onerous task -of conveying the public mails by its steamers which so frequently -navigate the waterways of the Concession in the collection of -india-rubber.</p> - -<p>Were a qualified Magistrate appointed to reside within the limits of -this Concession—as within the other Upper Congo Concessions, some of -them territories as large as a European State, and still containing a -numerous native population—the public service could not but be the -gainer.</p> - -<p>As it is to-day, no Court is open to the appeals of these people that -lies at all within their reach, and no European agency, save isolated -Mission stations, has any direct influence upon them except that -immediately interested in their profitable exploitation.</p> - -<p>It is only right to say that the present agent of the A.B.I.R. Society I -met at Bongandanga seemed to me to try, in very difficult and -embarrassing circumstances, to minimize as far as possible, and within -the limits of his duties, the evils of the system I there observed at -work.</p> - -<p>The requisitions of food-stuffs laid on the villages adjoining the -factories were said to be less onerous than those affecting the rubber -towns. They rested, I was informed, on the same legal basis as that -authorizing rubber working, and a failure to meet them involved the same -desultory modes of arrest and imprisonment. During my stay at -Bongandanga several instances of arrest in failures of this kind came to -my notice.</p> - -<p>On a Sunday in August, I saw six of the local sentries going back with -cap-guns and ammunition pouches to E**, after the previous day’s market, -and later in the day, when in the factory grounds, two armed sentries -came up to the agent as we walked, guarding sixteen natives, five men -tied neck by neck, with five untied women and six young children. This -somewhat embarrassing situation, it was explained to me, was due to the -persistent failure of the people of the village these persons came from -to supply its proper quota of food. These people, I was told, had just -been captured “on the river” by one of the sentries placed there to -watch the waterway. They had been proceeding in their canoes to some -native fishing grounds, and were espied and brought in. I asked if the -children also were held responsible for food supplies, and they, along -with an elderly woman, were released, and told to run over to the -Mission, and go to school there. This they did not do, but doubtless -returned to their homes in the recalcitrant village. The remaining five -men and four women were led off to the “maison des otages” under guard -of the sentry.</p> - -<p>An agent explained that he was forced to catch women in preference to -the men as then supplies were brought in quicker; but he did not explain -how the children deprived of their parents obtained their own food -supplies.</p> - -<p>He deplored this hard necessity, but he said the vital needs of his own -station, as well as of the local missionaries, who, being guests of the -A.B.I.R. Society, had to be provided for, sternly imposed it upon him if -the peopled failed to keep up their proper supplies.</p> - -<p>While we thus talked an armed sentry came along guarding four -natives—men—who were carrying bunches of bananas, a part of another -food imposition. This sentry explained to his master that the village he -had just visited had failed to give antelope meat, alleging the very -heavy rain of the previous night as an excuse for not hunting.</p> - -<p>The agent apologized to me for his inability to give me meat during my -stay, pointing out the obvious necessity he now was under of catching -some persons without delay. He should certainly, he said, have to send -out and catch women that very night.</p> - -<p>On leaving the A.B.I.R. grounds, still accompanied by this gentleman, -another batch of men carrying food supplies were marched in by three -armed guards, and were conducted towards the “maison des otages,” which -two other sentries apparently guarded.</p> - -<p>At 8 <small>P.M.</small> that evening, just after the Sunday service, a number of women -were taken through the Mission grounds past the church by the A.B.I.R. -sentries, and in the morning I was told that three such seizures had -been effected during the night. <span class="pagenum"><a name="page_I_53" id="page_I_53"></a></span>On the 2nd September I met, when -walking in the A.B.I.R. grounds with the subordinate agent of the -factory, a file of fifteen women, under the guard of three unarmed -sentries, who were being brought in from the adjoining villages, and -were led past me. These women, who were evidently wives and mothers, it -was explained in answer to my inquiry, had been seized in order to -compel their husbands to bring in antelope or other meat which was -overdue, and some of which it was very kindly promised should be sent on -board my steamer when leaving. As a matter of fact, half an antelope was -so sent on board by the good offices of this gentleman.</p> - -<p>As I was leaving Bongandanga, on the 3rd September, several elderly -Headmen of the neighbouring villages were putting off in their canoes to -the opposite forest, to get meat wherewith to redeem their wives, whom I -had seen arrested the previous day. I learned later that the husband of -one of these women brought in, two days afterwards, to the -Mission-station, his infant daughter, who, being deprived of her mother, -had fallen seriously ill, and whom he could not feed. At the request of -the missionary this woman was released on the 5th September. I took -occasion to say to the agent of the A.B.I.R. Company, before leaving, -that the practice of imprisoning women for impositions said to be due by -their husbands was to my mind unquestionably illegal, and that I should -not fail to draw the attention of the Governor-General of the Congo -State to what I had seen. The excuse offered, both on this occasion as -on others when I had ventured to allude to the condition of the natives -around Bongandanga, was that the station compared most favourably with -all others within the A.B.I.R. Concession, which were run, I was -assured, on much sterner lines than those which caused me pain at -Bongandanga. I later made official communication to the local Government -at Boma on these points, in so far as the system I had seen at work -affected the English missionaries within the A.B.I.R. Concession, and in -that letter I sought to show that neither the local agent nor his -subordinate were responsible for a state of affairs which greatly -wounded the feelings of my countrymen at Bongandanga, and which had -filled me with a pained surprise. My attention, it was true, had been -drawn to the systematic imprisonment of women in parts of the Upper -Congo some two years previously, in a case wherein a British coloured -subject—a native of Lagos—along with three Europeans, all of them in -the service of the Compagnie Anversoise du Commerce au Congo—a -Concession Company—had been charged with various acts of cruelty and -oppression which had caused much loss of life to the natives in the -Mongala region. These men had been arrested by the authorities in the -summer of 1900, and had been sentenced to long terms of imprisonment, -against which they had made appeal. The facts charged against the -British coloured subject (who sought my help) were, among others, that -he had illegally arrested women and kept them in illegal detention at -his trading station, and it was alleged that many of these women had -died of starvation while thus confined. This man himself, when I had -visited him in Boma gaol in March 1901, said that more than 100 women -and children had died of starvation at his hands, but that the -responsibility for both their arrest and his own lack of food to give -them was due to his superiors’ orders and neglect. The Court of Appeal -at Boma gave final Judgment in the case on the 13th February, 1901; and -in connection with the Lagos man’s degree of guilt, a copy of this -Judgment, in so far as it affected him, at my request had been -communicated to me by the Governor-General. From this Judgment I learned -that the case against the accused had been clearly proved. Among other -extenuating circumstances, which secured, however, a marked reduction of -the first sentence imposed on the coloured man, the Court of Appeal -cited the following:—</p> - -<p>“That it is just to take into account that, by the correspondence -produced in the case, the chiefs of the Concession Company have, if not -by formal orders, at least by their example and their tolerance, induced -their agents to take no account whatever of the rights, property, and -lives of the natives; to use the arms and the soldiers which should have -served for their defence and the maintenance of order to force the -natives to furnish them with produce and to work for the Company, as -also to pursue as rebels and outlaws those who sought to escape from the -requisitions imposed upon them.... That, above all, the fact that the -arrest of women and their detention, to compel the villages to furnish -both produce and workmen, was tolerated and admitted even by certain of -the administrative authorities of the region.”</p> - -<p>I had gathered at the time of this finding of the Boma High Court that -steps had then been taken to make it everywhere effective and to insure -obedience to the law in this respect, and that a recurrence of the -illegalities brought to light in the Mongala region had been rendered -impossible in any part of the Congo State. From what I saw during the -few days spent in the A.B.I.R. Concession, and again outside its limits -in the Lower Lulongo, it seemed to be clear that the action taken by -the<span class="pagenum"><a name="page_I_54" id="page_I_54"></a></span> authorities nearly three years ago could not have produced the -results undoubtedly then desired.</p> - -<p>On my leaving Bongandanga on the 3rd September I returned down the -Lopori and Lulongo Rivers, arriving at J**. The following day, about 9 -at night, some natives of the neighbourhood came to see me, bringing -with them a lad of about 16 years of age whose right hand was missing. -His name was X and his relatives said they came from K**, a village on -the opposite side of the river some few miles away. As it was late at -night there was some difficulty in obtaining a translation of their -statements, but I gathered that X’s hand had been cut off in K** by a -sentry of the La Lulanga Company, who was, or had been, quartered there. -They said that this sentry, at the time that he had mutilated X, had -also shot dead one of the chief men of the town. X, in addition to this -mutilation, had been shot in the shoulder blade, and, as a consequence, -was deformed. On being shot it was said he had fallen down insensible, -and the sentry had then cut off his hand, alleging that he would take it -to the Director of the Company at Mampoko. When I asked if this had been -done the natives replied that they believed that the hand had only been -carried part of the way to Mampoko and then thrown away. They did not -think the white man had seen it. They went on to say that they had not -hitherto made any complaint of this. They declared they had seen no good -object in complaining of a case of this kind since they did not hope any -good would result to them. They then went on to say that a younger boy -than X, at the beginning of this year (as near as they could fix the -date at either the end of January or the beginning of February), had -been mutilated in a similar way by a sentry of the same trading Company, -who was still quartered in their town, and that when they had wished to -bring this latter victim with them the sentry had threatened to kill him -and that the boy was now in hiding. They begged that I would myself go -back with them to their village and ascertain that they were speaking -the truth. I thought it my duty to listen to this appeal, and decided to -return with them on the morrow to their town. In the morning, when about -to start for K**, many people from the surrounding country came in to -see me. They brought with them three individuals who had been shockingly -wounded by gun fire, two men and a very small boy, not more than 6 years -of age, and a fourth—a boy child of 6 or 7—whose right hand was cut -off at the wrist. One of the men, who had been shot through the arm, -declared that he was Y of L**, a village situated some miles away. He -declared that he had been shot as I saw under the following -circumstances: the soldiers had entered his town, he alleged, to enforce -the due fulfilment of the rubber tax due by the community. These men had -tied him up and said that unless he paid 1,000 brass rods to them they -would shoot him. Having no rods to give them they had shot him through -the arm and had left him. The soldiers implicated he said were four -whose names were given me. They were, he believed, all employés of the -La Lulanga Company and had come from Mampoko. At the time when he, Y, -was shot through the arm the Chief of his town came up and begged the -soldiers not to hurt him, but one of them, a man called Z, shot the -Chief dead. No white man was with these sentries, or soldiers, at the -time. Two of them, Y said, he believed had been sent or taken to -Coquilhatville. Two of them—whom he named—he said were still at -Mampoko. The people of L** had sent to tell the white man at Mampoko of -what his soldiers had done. He did not know what punishment, if any, the -soldiers had received, for no inquiry had since been made in L**, nor -had any persons in that town been required to testify against their -aggressors. This man was accompanied by four other men of his town. -These four men all corroborated Y’s statement.</p> - -<p>These people were at once followed by two men of M**, situated, they -said, close to K**, and only a few miles distant. They brought with them -a full-grown man named A A, whose arm was shattered and greatly swollen -through the discharge of a gun, and a small boy named B B, whose left -arm was broken in two places from two separate gun shots—the wrist -being shattered and the hand wobbling about loose and quite useless. The -two men made the following statement: That their town, like all the -others in the neighbourhood, was required to furnish a certain quantity -of india-rubber fortnightly to the head-quarters of the La Lulanga -Company at Mampoko; that at the time these outrages were committed, -which they put at less than a year previously, a man named C C was a -sentry of that Company quartered in their village; that they two now -before me had taken the usual fortnight’s rubber to Mampoko. On -returning to M** they found that C C, the sentry, had shot dead two men -of the town named D D and E E, and had tied up this man A A and the boy -B B, now before me,<span class="pagenum"><a name="page_I_55" id="page_I_55"></a></span> to two trees. The sentry said that this was to -punish the two men for having taken the rubber to Mampoko without having -first shown it to him and paid him a commission on it. The two men -asserted that they had at once returned to Mampoko, and had begged the -Director of the Company to return with them to M** and see what his -servants had done. But, they alleged, he had refused to comply with -their request. On getting back to their town they then found that the -man A A and the child B B were still tied to the trees, and had been -shot in the arms as I now saw. On pleading with the sentry to release -these two wounded individuals, he had required a payment of 2,000 brass -rods (100 fr.). One of the two men stayed to collect this money, and -another returned to Mampoko to again inform the Director of what had -been done. The two men declared that nothing was done to the sentry C C, -but that the white man said that if the people behaved badly again he -was to punish them. The sentry C C, they declared, remained some time -longer in M**, and they do not now know where he is.</p> - -<p>These people were immediately followed by a number of natives who came -before me bringing a small boy of not more than 7 years of age, whose -right hand was gone at the wrist. This child, whose name was F F, they -had brought from the village of N**. They stated that some years ago -(they could not even approximately fix the date save by indicating that -F F was only just able to run) N** had been attacked by several sentries -of the La Lulanga Company. This was owing to their failure in supplying -a sufficiency of india-rubber. They did not know whether these sentries -had been sent by any European, but they knew all their names, and the -Chief of them was one called G G. G G had shot dead the Chief of their -town, and the people had run into the forest. The sentries pursued them, -and G G had knocked down the child F F with the butt of his gun and had -then cut off his hand. They declared that the hand of the dead man and -of this boy F F had then been carried away by the sentries. The sentries -who did this belonged to the La Lulanga Company’s factory at O**. The -man who appeared with F F went on to say that they had never complained -about it, save to the white man who had then been that Company’s agent -at O**. They had not thought of complaining to the Commissaire of the -district. Not only was he far away, but they were afraid they would not -be believed, and they thought the white men only wished for rubber, and -that no good could come of pleading with them.</p> - -<p>At the same time a number of men followed, with the request that I would -listen to them. W declared that their town P**, which had formerly been -on the north bank of the X** River (where I had myself seen it), had now -been transferred by force to the south bank, close to the factory at -Q**. He said that this act of compulsory transference was the direct act -of the Commissaire-Général of the ... district. The Commissaire had -visited P** on his steamer, and had ordered the people of that town to -work daily at Q** for the La Lulanga factory. W had replied that it was -too far for the women of P** to go daily to Q** as was required; but the -Commissaire, in reply, had taken fifty women and carried them away with -him. The women were taken to Q**. Two men were taken at the same time. -To get these women back, W went on to say, he and his people had to pay -a fine of 10,000 brass rods (500 fr.). They had paid this money to the -Commissaire-Général himself. They had then been ordered by the -Commissaire to abandon their town, since it lay too far from the -factory, and build a fresh town close to Q**, so that they might be at -hand for the white man’s needs. This they had been forced to do—many of -them were taken across by force. It was about two years ago W thought -that this deportation had been effected, and they now came to beg that I -would use my influence with the local authorities to permit their return -to their abandoned home. Where they were now situated close to Q** they -were most unhappy, and they only desired to be allowed to return to the -former site of P**. They have to take daily to Q** the following:—</p> - -<p> -<span style="margin-left: 2.5em;">10 baskets gum-copal.</span><br /> -<span style="margin-left: 1em;">1,000 long canes (termed “ngodji”), which grow in the swamps, and are</span><br /> -<span style="margin-left: 5em;">used in thatching and roofing.</span><br /> -<span style="margin-left: 2em;">500 bamboos for building.</span><br /> -</p> - -<p>Each week they are required to deliver at the factory—</p> - -<p> -<span style="margin-left: 1em;">200 rations of kwanga.</span><br /> -<span style="margin-left: 1em;">120 rations of fish.</span><br /> -</p> - -<p>In addition, fifty women are required each morning to go to the factory -and work there all day. They complained that the remuneration given for -these services was most inadequate, and that they were continually -beaten. When I asked the Chief W why he had not gone to D F to complain -if the sentries beat him or his people, opening his mouth he pointed to -one of the teeth which was just dropping out, and said: “That is what I -got from the D F four days ago when I went to tell him what I now say to -you.” He added that he was frequently beaten, along with others of his -people, by the white man.</p> - -<p>One of the men with him, who gave his name as H H, said that two weeks -ago the white man at Q** had ordered him to serve as one of the porters -of his hammock on a journey he proposed taking inland. H H was then just -completing the building of a new house, and excused himself on this -ground, but offered to fetch a friend as a substitute. The Director of -the Company had, in answer to this excuse, burnt down his house, -alleging that he was insolent. He had had a box of cloth and some ducks -in the house—in fact, all his goods, and they were destroyed in the -fire. The white man then caused him to be tied up, and took him with him -inland, and loosed him when he had to carry the hammock.</p> - -<p>Other people were waiting, desirous of speaking with me, but so much -time was taken in noting the statements already made that I had to -leave, if I hoped to reach K** at a reasonable hour. I proceeded in a -canoe across the Lulongo and up a tributary to a landing-place which -seemed to be about ... miles from I**. Here, leaving the canoes, we -walked for a couple of miles through a flooded forest to reach the -village. I found here a sentry of the La Lulanga Company and a -considerable number of natives. After some little delay a boy of about -15 years of age appeared, whose left arm was wrapped up in a dirty rag. -Removing this, I found the left hand had been hacked off by the wrist, -and that a shot hole appeared in the fleshy part of the forearm. The -boy, who gave his name as I I, in answer to my inquiry, said that a -sentry of the La Lulanga Company now in the town had cut off his hand. I -proceeded to look for this man, who at first could not be found, the -natives to a considerable number gathering behind me as I walked through -the town. After some delay the sentry appeared, carrying a cap-gun. The -boy, whom I placed before him, then accused him to his face of having -mutilated him. The men of the town, who were questioned in succession, -corroborated the boy’s statement. The sentry, who gave his name as K K, -could make no answer to the charge. He met it by vaguely saying some -other sentry of the Company had mutilated I I; his predecessor, he said, -had cut off several hands, and probably this was one of the victims. The -natives around said that there were two other sentries at present in the -town, who were not so bad as K K, but that he was a villain. As the -evidence against him was perfectly clear, man after man standing out and -declaring he had seen the act committed, I informed him and the people -present that I should appeal to the local authorities for his immediate -arrest and trial. In the course of my interrogatory several other -charges transpired against him. These were of a minor nature, consisting -of the usual characteristic acts of blackmailing, only too commonly -reported on all sides. One man said that K K had tied up his wife and -only released her on payment of 1,000 rods. Another man said that K K -had robbed him of two ducks and a dog. These minor offences K K equally -demurred to, and again said that I I had been mutilated by some other -sentry, naming several. I took the boy back with me and later brought -him to Coquilhatville, where he formally charged K K with the crime, -alleging to the Commandant, who took his statement, through a special -Government interpreter, in my presence, that it had been done “on -account of rubber.” I have since been informed that, acting on my -request, the authorities at Coquilhatville had arrested K K, who -presumably will be tried in due course. A copy of my notes taken in K**, -where I I charged K K before me, is appended (Inclosure 6).<a name="FNanchor_18_18" id="FNanchor_18_18"></a><a href="#Footnote_18_18" class="fnanchor">[18]</a></p> - -<p>It was obviously impossible that I should visit all the villages of the -natives who came to beg me to do so at J** or elsewhere during my -journey, or to verify on the spot, as in the case of the boy, the -statements they made. In that one case the truth of the charges -preferred was amply demonstrated, and their significance was not -diminished by the fact that, whereas this act of mutilation had been -committed within a few miles of Q**, the head-quarters of a European -civilizing agency, and the guilty man was still in their midst, armed -with the gun with which he had first shot his victim (for which he could -produce no licence when I asked for it, saying it was his employers’), -no one of the natives of the terrorized town had<span class="pagenum"><a name="page_I_57" id="page_I_57"></a></span> attempted to report -the occurrence. They had in the interval visited Mampoko each fortnight -with the india-rubber from their district. There was also in their midst -another mutilated boy X, whose hand had been cut off either by this or -another sentry. The main waterway of the Lulongo River lay at their -doors, and on it well nigh every fortnight a Government steamer had -passed up and down stream on its way to bring the india-rubber of the -A.B.I.R. Company to Coquilhatville. They possessed, too, some canoes; -and, if all other agencies of relief were closed, the territorial -tribunal at Coquilhatville lay open to them, and the journey to it down -stream from their village could have been accomplished in some twelve -hours. It was no greater journey, indeed, than many of the towns I had -elsewhere visited were forced to undertake each week or fortnight to -deliver supplies to their local tax collectors. The fact that no effort -had been made by these people to secure relief from their unhappy -situation impelled me to believe that a very real fear of reporting such -occurrences actually existed among them. That everything asserted by -such a people, under such circumstances, is strictly true I should in no -wise assert. That discrepancies must be found in much alleged by such -rude savages, to one whose sympathies they sought to awaken, must -equally be admitted. But the broad fact remained that their previous -silence said more than their present speech. In spite of contradictions, -and even seeming misstatements, it was clear that these men were stating -either what they had actually seen with their eyes or firmly believed in -their hearts. No one viewing their unhappy surroundings or hearing their -appeals, no one at all cognizant of African native life or character, -could doubt that they were speaking, in the main, truly; and the unhappy -conviction was forced upon me that in the many forest towns behind the -screen of trees, which I could not visit, these people were entitled to -expect that a civilized administration should be represented among them -by other agents than the savages euphemistically termed “forest guards.”</p> - -<p>The number of these “forest guards” employed in the service of the -various Concession Companies on the Congo must be very considerable; but -it is not only the Concession Companies which employ “forest guards,” -for I found many of these men in the service of the La Lulanga Company, -which is neither a Concession Company nor endowed with any “rights of -police,” so far as I am aware. In the A.B.I.R. Concession there must be -at least twenty stations directed by one or more European agents.</p> - -<p>Each one of these “factories” has, with the permission of the -Government, an armament of twenty-five rifles. According to this -estimate of the A.B.I.R. factories, and adding the armament of the two -steamers that Company possesses, it will be found that this one -Concession Company employs 550 rifles, with a supply of cartridges not, -I believe, as yet legally fixed. These rifles are supposed by law not to -be taken from the limits of the factories, whereas the “sentries” or -“forest guards” are quartered in well-nigh every rubber-producing -village of the entire Concession.</p> - -<p>These men are each armed with a cap-gun, and the amount of ammunition -they may individually expend would seem to have no legal limits. These -cap-guns can be very effective weapons. On the Lower Lulongo I bought -the skin of a fine leopard from a native hunter who had shot the animal -the previous day. He produced a cap-gun and his ammunition for my -inspection, and I learned from all the men around him that he alone had -killed the beast with his own gun. This gun, he informed me, he had -purchased some years ago from a former Commissaire of the Government at -Coquilhatville, whose name he gave me.</p> - -<p>It would be, I think, a moderate computation to put the number of -cap-guns issued by the A.B.I.R. Company to its “sentries” as being in -the proportion of six to one to the number of rifles allowed to each -factory. These figures could be easily verified, but whatever the -proportion may be of cap-guns to rifles, it is clear that the A.B.I.R. -Society alone controls a force of some 500 rifles and a very large stock -of cap-guns.</p> - -<p>The other Concession Companies on the Congo have similar privileges, so -that it might not be an excessive estimate to say that these Companies -and the subsidiary ones (not enjoying rights of police) between them, -direct an armed force of not less than 10,000 men.</p> - -<p>Their “rights of police,” by the Circular of Governor-General Wahis of -October 1900, were seemingly limited to the right to “requisition” the -Government forces in their neighbourhood to maintain order within the -limits of the Concession. That Circular, while it touched upon the -arming of “Kapitas” with cap-guns, did not clearly define the -jurisdiction of these men as a police force or their use of that weapon, -but it is evident that the Government has been cognizant of, and is -respon<span class="pagenum"><a name="page_I_58" id="page_I_58"></a></span>sible for, the employment of these armed men. By a Royal Decree, -dated the 10th March, 1892, very clear enactments were promulgated -dealing with the use of all fire-arms other than flint-locks. By the -terms of this Decree all fire-arms and their munitions, other than -flint-lock guns, were required, immediately upon importation, to be -deposited in a depôt or private store placed under the control of the -Government. Each weapon imported had to be registered upon its entry -into the depôt and marked under the supervision of the Administration, -and could not be withdrawn thence save on the presentation of a permit -to carry arms. These permits to carry arms were liable each to a tax of -20 fr., and could be withdrawn in case of abuse. By an Ordinance of the -Governor-General of the Congo State, dated the 16th June, 1892, various -Regulations making locally effective the foregoing Decree were -published. It is clear that the responsibility for the extensive -employment of men armed with cap-guns by the various commercial -Companies on the Upper Congo rests with the governing authority, which -either by law permitted it or did not make effective its own laws.</p> - -<p>The six natives brought before me at I** had all of them been wounded by -gun-fire, and the guns in question could only have come into the hands -of their assailants through the permission or the neglect of the -authorities. Two of these injured individuals were children—one of them -certainly not more than 7 years of age—and the other a child (a boy of -about the same age), whose arm was shattered by gun-fire at close -quarters. Whatever truth there might be in the direct assertions of -these people and their relatives, who attested that the attacks upon -them had been made by sentries of the La Lulanga Company, it was clear -that they had all been attacked by men using guns, which a law already -eleven years old had clearly prohibited from being issued, save in -special cases, and “to persons who could offer sufficient guarantee that -the arms and the munitions which should be delivered to them would not -be given, ceded, or sold to third parties”—and, moreover, under a -licence which could at any time be withdrawn.</p> - -<p>Three of these injured individuals, subsequent to the initial attack -upon them, had had their hands cut off—in each case, as it was alleged -to me, by a sentry of the La Lulanga Company. In the one case I could -alone personally investigate—that of the boy I I—I found this -accusation proved on the spot, without seemingly a shadow of doubt -existing as to the guilt of the accused sentry. These six wounded and -mutilated individuals came from villages in the immediate vicinity of -I**, and both from their lips and from those of others who came to me -from a greater distance it was clear that these were not the only cases -in that neighbourhood. One man, coming from a village 20 miles away, -begged me to return with him to his home, where, he asserted, eight of -his fellow-villagers had recently been killed by sentries placed there -in connection with the fortnightly yield of india-rubber. But my stay at -I** was necessarily a brief one. I had not time to do more than visit -the one village of R** and in that village I had only time to -investigate the charge brought by I I. The country is, moreover, largely -swampy forest, and the difficulties of getting through it are very -great. A regularly equipped expedition would have been needed, and the -means of anything like an exhaustive inquiry were not at my disposal. -But it seemed painfully clear to me that the facts brought to my -knowledge in a three days’ stay at I** would amply justify the most -exhaustive inquiry being made into the employment of armed men in that -region, and the use to which they put the weapons intrusted to -them—ostensibly as the authorized dependants of commercial -undertakings. From what I had observed in the A.B.I.R. Concession it is -equally clear to me that no inquiry could be held to have been -exhaustive which did not embrace the territories of that Company also.</p> - -<p>The system of quartering Government soldiers in the villages, once -universal, has to-day been widely abandoned; but the abuses once -prevalent under this head spring to life in this system of “forest -guards,” who, over a wide area, represent the only form of local -gendarmerie known. But that the practice of employing Government native -soldiers in isolated posts has not disappeared is admitted by the -highest authorities.</p> - -<p>A Circular on this subject, animadverting on the disregard of the -reiterated instructions issued, which had forbidden the employment of -black troops unaccompanied by a European officer, was dispatched by the -Governor-General as recently as the 7th September, 1903, during the -period I was actually on the Upper Congo. In this Circular the -Commandants and officers of the Force Publique are required to -rigorously observe the oft-repeated instructions on this head, and it is -pointed out that, in spite of the most imperative orders forbidding the -employment of black soldiers by<span class="pagenum"><a name="page_I_59" id="page_I_59"></a></span> themselves on the public service—“on -continue en maints endroits à pratiquer ce déplorable usage.” Copy of -this Circular is appended (Inclosure 7).<a name="FNanchor_19_19" id="FNanchor_19_19"></a><a href="#Footnote_19_19" class="fnanchor">[19]</a></p> - -<p>From my observation of the districts I travelled on in the Upper Congo, -it would seem well-nigh impossible for European officers to be always -with the soldiers who may be sent on minor expeditions. The number of -officers is limited; they have much to do in drilling their troops, and -in camp and station life, while the territory to be exploited is vast. -The ramifications of the system of taxation, outlined in the foregoing -sketch of it, show it to be of a wide-spread character, and since a more -or less constant pressure has to be exercised to keep the taxpayers up -to the mark, and over a very wide field, a certain amount of dependance -upon the uncontrolled actions of native soldiers (who are the only -regular police in the country) must be permitted those responsible for -the collection of the tax. The most important article of native taxation -in the Upper Congo is unquestionably rubber, and to illustrate the -importance attaching by their superiors to the collection and -augmentation of this tax, the Circular of Governor-General Wahis, -addressed to the Commissionaires de District and Chefs de Zône on the -29th March, 1901, was issued. A copy of that Circular is attached -(Inclosure 8).<a name="FNanchor_20_20" id="FNanchor_20_20"></a><a href="#Footnote_20_20" class="fnanchor">[20]</a></p> - -<p>The instructions this Circular conveys would be excellent if coming from -the head of a trading house to his subordinates, but addressed, as they -are, by a Governor-General to the principal officers of his -administration, they reveal a somewhat limited conception of public -duty. Instead of their energies being directed to the government of -their districts, the officers therein addressed could not but feel -themselves bound to consider the profitable exploitation of india-rubber -as one of the principal functions of Government. Taken into account the -interpretation these officials must put upon the positive injunctions of -their chief, there can be little doubt that they would look upon the -profitable production of india-rubber as among the most important of -their duties. The praiseworthy official would be he whose district -yielded the best and biggest supply of that commodity; and, succeeding -in this, the means whereby he brought about the enhanced value of that -yield would not, it may be believed, be too closely scrutinized.</p> - -<p>When it is remembered that the reprimanded officials are the embodiment -of all power in their districts, and that the agents they are authorized -to employ are an admittedly savage soldiery, the source whence spring -the unhappiness and unrest of the native communities I passed through on -the Upper Congo need not be sought far beyond the policy dictating this -Circular.</p> - -<p>I decided, owing to pressure of other duties, to return from -Coquilhatville to Stanley Pool. The last incident of my stay in the -Upper Congo occurred on the night prior to my departure. Late that night -a man came with some natives of the S** district, represented as his -friends, who were fleeing from their homes, and whom he begged me to -carry with me to the French territory at Lukolela. These were L L of T** -and seven others. L L stated that, owing to his inability to meet the -impositions of the Commissaire of the S** district, he had, with his -family, abandoned his home, and was seeking to reach Lukolela. He had -already come 80 miles down stream by canoe, but was now hiding with -friends in one of the towns near Coquilhatville. Part of the imposition -laid upon his town consisted of two goats, which had to be supplied each -month for the white man’s table at S**. As all the goats in his -neighbourhood had long since disappeared in meeting these demands, he -could now only satisfy this imposition by buying in inland districts -such goats as were for sale. For these he had to pay 3,000 rods each -(150 fr.), and as the Government remuneration amounted to only 100 rods -(5 fr.) per goat, he had no further means of maintaining the supply. -Having appealed in vain for the remission of this burden, no other -course was left him but to fly. I told this man I regretted I could not -help him, that his proper course was to appeal for relief to the -authorities of the district; and this failing, to seek the higher -authorities at Boma. This, he said, was clearly impossible for him to -do. On the last occasion when he had sought the officials at S**, he had -been told that if his next tax were not forthcoming he should go into -the “chain gang.” He added that a neighbouring Chief who had failed in -this respect had just died in the prison gang, and that such would be -his fate if he were caught. He added that, if I disbelieved him, there -were those who could vouch for his character and the truth of his -statement; and I told him and his friend that I should inquire in that -quarter, but that it was impossible for me to assist a fugitive. I -added, however, that there was no law on the Congo Statute Book<span class="pagenum"><a name="page_I_60" id="page_I_60"></a></span> which -forbade him or any other man from travelling freely to any part of the -country, and his right to navigate in his canoe the Upper Congo was as -good as mine in my steamer or any one else’s. He and his people left me -at midnight, saying that unless they could get away with me they did not -think it possible they could succeed in gaining Lukolela. A person at -T**, to whom I referred this statement, informed me that L L’s statement -was true. He said: What L L told you, <i>re</i> price of goats, was perfectly -true. At U** they are 3,000, and here they are 2,500 to 3,000 rods. -Ducks are from 200 to 300 rods. Fowls are from 60 to 100 rods. <i>Re</i> -“dying in the chains,” he had every reason to fear this, for recently -two Chiefs died in the chain, viz., the Chief of a little town above -U**; his crime: because he did not move his houses a few hundred yards -to join them to ... as quickly as the Commissaire thought he should do. -Second, the Chief of T**; crime: because he did not go up every -fortnight with the tax. These two men were chained together and made to -carry heavy loads of bricks and water, and were frequently beaten by the -soldiers in charge of them. There are witnesses to prove this.</p> - -<p>Leaving the township of Coquilhatville on the 11th September, I reached -Stanley Pool on the 15th September.</p> - -<p class="r"> -I have, &c.<br /> -(Signed) R. CASEMENT.<br /> -</p> - -<h4>Inclosure 1 in No. 3.</h4> - -<p>(See p. 29.)</p> - -<p><i>Notes on Refugee Tribes encountered in July 1903.</i></p> - -<p>Hearing of the L* refugees from I*, I decided to visit the nearest -Settlement of these fugitives, some 20 miles away, to see them for -myself.</p> - -<p>At N* found large town of K*, and scattered through it many small -settlements of L* refugees. The town of N* consists approximately of -seventy-one K* houses, and seventy-three occupied by L*. These latter -seemed industrious, simple folk, many weaving palm fibre into mats or -native cloth; others had smithies, working brass wire into bracelets, -chains, and anklets; some iron-workers making knives. Sitting down in -one of these blacksmith’s sheds, the five men at work ceased and came -over to talk to us. I counted ten women, six grown-up men, and eight -lads and women in this one shed of L*. I then asked them to tell me why -they had left their homes. Three of the men sat down in front of me, and -told a tale which I cannot think can be true, but it seemed to come -straight from their hearts. I repeatedly asked certain parts to be gone -over again while I wrote in my note-book. The fact of my writing down -and asking for names, &c., seemed to impress them, and they spoke with -what certainly impressed me as being great sincerity.</p> - -<p>I asked, first, why they had left their homes, and had come to live in a -strange far-off country among the K*, where they owned nothing, and were -little better than servitors. All, when this question was put, women as -well, shouted out, “On account of the rubber tax levied by the -Government posts.”</p> - -<p>I asked particularly the names of the places whence they had come. They -answered they were from V**. Other L* refugees here at N* were W**, -others again were X**, but all had fled from their homes for the same -reason—it was the “rubber tax.”</p> - -<p>I asked then how this tax was imposed. One of them, who had been -hammering out an iron neck collar on my arrival, spoke first. He said:—</p> - -<p>“I am N N. These other two beside me are O O and P P, all of us Y**. -From our country each village had to take twenty loads of rubber. These -loads were big: they were as big as this....” (Producing an empty basket -which came nearly up to the handle of my walking-stick.) “That was the -first size. We had to fill that up, but as rubber got scarcer the white -man reduced the amount. We had to take these loads in four times -a-month.”</p> - -<p><i>Q.</i> “How much pay did you get for this?”</p> - -<p><i>A.</i> (Entire audience.) “We got no pay! We got nothing!”</p> - -<p>And then N N, whom I asked, again said:—</p> - -<p>“Our village got cloth and a little salt, but not the people who did the -work. Our Chiefs eat up the cloth; the workers got nothing. The pay was -a fathom of cloth and a little salt for every big basket full, but it -was given to the Chief, never to the men. It used to take ten days to -get the twenty baskets of rubber—we were always in the forest and then -when we were late we were killed. We had to go further and further into -the forest to find the rubber vines, to go without food, and our women -had to give up cultivating the fields and gardens. Then we starved. Wild -beasts—the leopards—killed some of us when we were working away in the -forest, and others got lost or died from exposure and starvation, and we -begged the white man to leave us alone, saying we could get no more -rubber, but the white men and their soldiers said: ‘Go! You are only -beasts yourselves, you are nyama (meat).’ We tried, always going further -into the forest, and when we failed and our rubber was short, the -soldiers came to our towns and killed us. Many were shot, some had their -ears cut off; others were tied up with ropes around their necks and -bodies and taken away. The white men sometimes at the posts<span class="pagenum"><a name="page_I_61" id="page_I_61"></a></span> did not -know of the bad things the soldiers did to us, but it was the white men -who sent the soldiers to punish us for not bringing in enough rubber.”</p> - -<p>Here P P took up the tale from N N:—</p> - -<p>“We said to the white men, ‘We are not enough people now to do what you -want us. Our country has not many people in it and we are dying fast. We -are killed by the work you make us do, by the stoppage of our -plantations, and the breaking up of our homes.’ The white man looked at -us and said: ‘There are lots of people in Mputu’ ” (Europe, the white -man’s country). “ ‘If there are lots of people in the white man’s country -there must be many people in the black man’s country.’ The white man who -said this was the chief white man at F F*, his name was A B, he was a -very bad man. Other white men of Bula Matadi who had been bad and wicked -were B C, C D, and D E.” “These had killed us often, and killed us by -their own hands as well as by their soldiers. Some white men were good. -These were E F, F G, G H, H I, I K, K L.”</p> - -<p>These ones told them to stay in their homes and did not hunt and chase -them as the others had done, but after what they had suffered they did -not trust more any one’s word, and they had fled from their country and -were now going to stay here, far from their homes, in this country where -there was no rubber.</p> - -<p><i>Q.</i> “How long is it since you left your homes, since the big trouble -you speak of?”</p> - -<p><i>A.</i> “It lasted for three full seasons, and it is now four seasons since -we fled and came into the K* country.”</p> - -<p><i>Q.</i> “How many days is it from N* to your own country?”</p> - -<p><i>A.</i> “Six days of quick marching. We fled because we could not endure -the things done to us. Our Chiefs were hanged, and we were killed and -starved and worked beyond endurance to get rubber.”</p> - -<p><i>Q.</i> “How do you know it was the white men themselves who ordered these -cruel things to be done to you? These things must have been done without -the white man’s knowledge by the black soldiers.”</p> - -<p><i>A.</i> (P P): “The white men told their soldiers: ‘You kill only women; -you cannot kill men. You must prove that you kill men.’ So then the -soldiers when they killed us” (here he stopped and hesitated, and then -pointing to the private parts of my bulldog—it was lying asleep at my -feet), he said: “then they cut off those things and took them to the -white men, who said: ‘It is true, you have killed men.’ ”</p> - -<p><i>Q.</i> “You mean to tell me that any white man ordered your bodies to be -mutilated like that, and those parts of you carried to him?”</p> - -<p>P P, O O, and all (shouting): “Yes! many white men. D E did it.”</p> - -<p><i>Q.</i> “You say this is true? Were many of you so treated after being -shot?”</p> - -<p>All (shouting out): “Nkoto! Nkoto!” (Very many! Very many!)</p> - -<p>There was no doubt that these people were not inventing. Their -vehemence, their flashing eyes, their excitement, was not simulated. -Doubtless they exaggerated the numbers, but they were clearly telling -what they knew and loathed. I was told that they often became so furious -at the recollection of what had been done to them that they lost control -over themselves. One of the men before me was getting into this state -now.</p> - -<p>I asked whether L* tribes were still running from their country, or -whether they now stayed at home and worked voluntarily.</p> - -<p>N N answered: “They cannot run away now—not easily; there are sentries -in the country there between the Lake and this; besides, there are few -people left.”</p> - -<p>P P said: “We heard that letters came to the white men to say that the -people were to be well treated. We heard that these letters had been -sent by the big white men in ‘Mputu’ (Europe); but our white men tore up -these letters, laughing, saying: ‘We are the “basango” and “banyanga” -(fathers and mothers, <i>i.e.</i>, elders). Those who write to us are only -“bana” (children).’ Since we left our homes the white men have asked us -to go home again. We have heard that they want us to go back, but we -will not go. We are not warriors, and do not want to fight. We only want -to live in peace with our wives and children, and so we stay here among -the K*, who are kind to us, and will not return to our homes.”</p> - -<p><i>Q.</i> “Would you not like to go back to your homes? Would you not, in -your hearts, all wish to return?”</p> - -<p><i>A.</i> (By many.) “We loved our country, but we will not trust ourselves -to go back.”</p> - -<p>P P: “Go, you white men, with the steamer to I*, and see what we have -told you is true. Perhaps if other white men, who do not hate us, go -there, Bula Matadi may stop from hating us, and we may be able to go -home again.”</p> - -<p>I asked to be pointed out any refugees from other tribes, if there were -such, and they brought forward a lad who was a X**, and a man of the -Z**. These two, answering me, said there were many with them from their -tribes who had fled from their country.</p> - -<p> </p> - -<p>Went on about fifteen minutes to another L* group of houses in the midst -of the K* town. Found here mostly W**, an old Chief sitting in the open -village Council-house with a Z** man and two lads. An old woman soon -came and joined, and another man. The woman began talking with much -earnestness. She said the Government had worked them so hard they had -had no time to tend their fields and gardens, and they had starved to -death. Her children had died; her sons had been killed. The two men, as -she spoke, muttered murmurs of assent.</p> - -<p>The old Chief said: “We used to hunt elephants long ago, there were -plenty in our forests, and we got much meat; but Bula Matadi killed the -elephant hunters because they could not get rubber, and so we starved. -We were sent out to get rubber, and when we came back with little rubber -we were shot.”<span class="pagenum"><a name="page_I_62" id="page_I_62"></a></span></p> - -<p><i>Q.</i> “Who shot you?”</p> - -<p><i>A.</i> “The white men ... sent their soldiers out to kill us.”</p> - -<p><i>Q.</i> “How do you know it was the white man who sent the soldiers? It -might be only these savage soldiers themselves.”</p> - -<p><i>A.</i> “No, no. Sometimes we brought rubber into the white man’s stations. -We took rubber to D E’s station, E E*, and to F F* and to ...’s station. -When it was not enough rubber the white man would put some of us in -lines, one behind the other, and would shoot through all our bodies. -Sometimes he would shoot us like that with his own hand; sometimes his -soldiers would do it.”</p> - -<p><i>Q.</i> “You mean to say you were killed in the Government posts themselves -by the Government white men themselves, or under their eyes?”</p> - -<p><i>A.</i> (Emphatically.) “We were killed in the stations of the white men -themselves. We were killed by the white man himself. We were shot before -his eyes.”</p> - -<p>The names D E, B C, and L M, were names I heard repeatedly uttered.</p> - -<p>The Z** man said he, too, had fled; now he lived at peace with the K*.</p> - -<p>The abnormal refugee population in this one K* town must equal the -actual K* population itself. On every hand one finds these refugees. -They seem, too, to pass busier lives than their K* hosts, for during all -the hot hours of the afternoon, wherever I walked through the town—and -I went all through N* until the sun set—I found L* weavers, or iron and -brass workers, at work.</p> - -<p>Slept at M M’s house. Many people coming to talk to us after dark.</p> - -<p>Left N* about 8 to return to the Congo bank. On the way back left the -main path and struck into one of the side towns, a village called A A*. -This lies only some 4 or 5 miles from the river. Found here thirty-two -L* houses with forty-three K*, so that the influx of fugitives here is -almost equal to the original population. Saw many L*. All were -frightened, and they and the K* were evidently so ill at ease that I did -not care to pause. Spoke to one or two men only as we walked through the -town. The L* drew away from us, but on looking back saw many heads -popped out of doors of the houses we had passed.</p> - -<p>Got back to steamer about noon.</p> - -<p> </p> - -<p>Heard that L* came sometimes to M* from I*. I am now 100 miles (about) -up-river from N*. Went into one of the M* country farm towns called B -B*. Found on entering plantation two huts with five men and one woman, -who I at once recognized by their head-dress as L*, like those at N*. -The chief speaker, a young man named ... who lives at B B*. He seems -about 22 or 23, and speaks with an air of frankness. He says: “The L* -here and others who come to M*, come from a place C C*. It is connected -with the lake by a stream. His own town in the district of C C* is D D*. -C C* is a big district and had many people. They now bring the -Government india-rubber, kwanga, and fowls, and work on broad paths -connecting each village. His own village has to take 300 baskets of -india-rubber. They get one piece of cotton cloth, called locally sanza, -and no more.” (Note.—This cannot be true. He is doubtless -exaggerating.) Four other men with him were wearing the rough palm-fibre -cloth of the country looms, and they pointed to this as proof that they -got no cloth for their labours. K K continuing said: “We were then -killed for not bringing in enough rubber.”</p> - -<p><i>Q.</i> “You say you were killed for not bringing in rubber. Were you ever -mutilated as proof that the soldiers had killed you?”</p> - -<p><i>A.</i> “When we were killed the white man was there himself. No proof was -needed. Men and women were put in a line with a palm tree and were -shot.”</p> - -<p>Here he took three of the four men sitting down and put them one in line -behind the other, and said: “The white men used to put us like that and -shoot all with one cartridge. That was often done, and worse things.”</p> - -<p><i>Q.</i> “But how, if you now have to work so hard, are you yourselves able -to come here to M* to see your friends?”</p> - -<p><i>A.</i> “We came away without the sentries or soldiers knowing, but when we -get home we may have trouble.”</p> - -<p><i>Q.</i> “Do you know the L* who are now at N*?” (Here I gave the names of N -N, O O, and P P.)</p> - -<p><i>A.</i> “Yes; many L* fled to that country. N N we know ran away on account -of the things done to them by the Government white men. The K* and L* -have always been friends. That is why the L* fled to them for refuge.”</p> - -<p><i>Q.</i> “Are there sentries or soldiers in your villages now?”</p> - -<p><i>A.</i> “In the chief villages there are always four soldiers with rifles. -When natives go out into the forest to collect rubber they would leave -one of their number behind to stay and protect the women. Sometimes the -soldiers finding him thus refused to believe what he said, and killed -him for shirking his work. This often happens.”</p> - -<p>Asked how far it was from M* to their country they say three days’ -journey, and then about two days more on to I* by water, or three if by -land. They begged us to go to their country, they said: “We will show -you the road, we will take you there, and you will see how things are, -and that our country has been spoiled, and we are speaking the truth.”</p> - -<p>Left them here and returned to the river bank.</p> - -<p> </p> - -<p>The foregoing entries made at the time in my note-book seemed to me, if -not false, greatly exaggerated, although the statements were made with -every air of conviction and sincerity. I did not again meet with any -more L* refugees, for on my return to G* I stayed only a few<span class="pagenum"><a name="page_I_63" id="page_I_63"></a></span> hours. A -few days afterwards, while I was at Stanley Pool, I received further -evidence in a letter of which the following is an extract:—</p> - -<p> </p> - -<p>“I was sorry not to see you as you passed down, and so missed the -opportunity of conveying to you personally a lot of evidence as to the -terrible maladministration practised in the past in the district. I saw -the official at the post of E E*. He is the successor of the infamous -wretch D E, of whom you heard so much yourself from the refugees at N*. -This D E was in this district in ..., ..., and ..., and he it was that -depopulated the country. His successor, M N, is very vehement in his -denunciations of him, and declares that he will leave nothing undone -that he can do to bring him to justice. He is now stationed at G G*, -near our station at H H*. Of M N I have nothing to say but praise. In a -very difficult position he has done wonderfully. The people are -beginning to show themselves and gathering about the many posts under -his charge. M N told me that when he took over the station at E E* from -D E he visited the prison, and almost fainted, so horrible was the -condition of the place and the poor wretches in it. He told me of many -things he had heard of from the soldiers. Of D E shooting with his own -hand man after man who had come with an insufficient quantity of rubber. -Of his putting several one behind the other and shooting them all with -one cartridge. Those who accompanied me, also heard from the soldiers -many frightful stories and abundant confirmation of what was told us at -N* about the taking to D E of the organs of the men slain by the -sentries of the various posts. I saw a letter from the present officer -at F F* to M N, in which he upbraids him for not using more vigorous -means, telling him to talk less and shoot more, and reprimanding him for -not killing more than one in a district under his care where there was a -little trouble. M N is due in Belgium in about three months, and says he -will land one day and begin denouncing his predecessor the next. I -received many favours from him, and should be sorry to injure him in any -way.... He has already accepted a position in one of the Companies, -being unable to continue longer in the service of the State. I have -never seen in all the different parts of the State which I have visited -a neater station, or a district more under control than that over which -this M N presides. He is the M N the people of N* told us of, who they -said was kind.</p> - -<p>“If I can give you any more information, or if there are any questions -you would like to put to me, I shall be glad to serve you, and through -you these persecuted people.”</p> - -<p>From a separate communication, I extract the following paragraphs:—</p> - -<p>“...I heard of some half-dozen L* who were anxious to visit their old -home, and would be willing to go with me; so, after procuring some -necessary articles in the shape of provisions and barter, I started from -our post at N*. It was the end of the dry season, and many of the -water-courses were quite dry, and during some days we even found the -lack of water somewhat trying. The first two days’ travelling was -through alternating forest and grass plain, our guides, as far as -possible, avoiding the villages.... Getting fresh guides from a little -village, we got into a region almost entirely forested, and later -descended into a gloomy valley still dripping from the rain. According -to our guides we should soon be through this, but it was not until the -afternoon of the second day after entering that we once more emerged -from the gloom. Several times we lost the track, and I had little -inclination to blame the guides, for several times the undergrowth and a -species of thorn palm were trodden down in all directions by the -elephants. It would seem to be a favourite hunting ground of theirs, and -once we got very close to a large herd who went off at a furious pace, -smashing down the small trees, trumpeting, and making altogether a most -terrifying noise. The second night in this forest we came across, when -looking for the track, a little village of runaways from the rubber -district. When assured of our friendliness they took us in and gave us -what shelter they could. During the night another tornado swept the -country and blew down a rotten tree, some branches of which fell in -amongst my tent and the little huts in which some of the boys were -sleeping. It was another most narrow escape.</p> - -<p>“Early the next day we were conducted by one of the men of this village -to the right road, and very soon found ourselves travelling along a -track which had evidently been, at only a recent date, opened up by a -number of natives. ‘What was it?’ ‘Oh! it is the road along which we -used to carry rubber to the white men.’ ‘But why used to?’ ‘Oh, all the -people have either run away, or have been killed or died of starvation, -and so there is no one to get rubber any longer.’</p> - -<p>“That day we made a very long march, being nearly nine and a-half hours -walking, and passing through several other large depopulated districts. -On all sides were signs of a very recent large population, but all was -as quiet as death, and buffaloes roamed at will amongst the still -growing manioc and bananas. It was a sad day, and when, as the sun was -setting, we came upon a large State post we were plunged into still -greater grief. True, there was a comfortable house at our service, and -houses for all the party; but we had not been long there before we found -that we had reached the centre of what was once a very thickly populated -region, known as C C*, from which many refugees in the neighbourhood of -G* had come. It was here a white man, known by the name of D E, -lived.... He came to the district, and, after seven months of diabolical -work, left it a waste. Some of the stories current about him are not fit -to record here, but the native evidence is so consistent and so -universal that it is difficult to disbelieve that murder and rapine on a -large scale were carried on here. His successor, a man of a different -nature, and much liked by the people, after more than two and a-half -years has succeeded in winning back to the side of the State post a few -natives, and there I saw them in their wretched little huts, hardly able -to call their lives their own in the presence of the new white man -(myself), whose coming among them had set them all a-wondering. From -this there was no fear of losing the track. For many miles it was a -broad road, from 6 to 10 feet in width,<span class="pagenum"><a name="page_I_64" id="page_I_64"></a></span> and wherever there was a -possibility of water settling logs were laid down. Some of these -viaducts were miles in length, and must have entailed immense labour; -whilst rejoicing in the great facility with which we could continue our -journey, we could not help picturing the many cruel scenes which, in all -probability, were a constant accompaniment to the laying of these huge -logs. I wish to emphasize as much as possible the desolation and -emptiness of the country we passed through. That it was only very -recently a well-populated country, and, as things go out here, rather -more densely than usual, was very evident. After a few hours we came to -a State rubber post. In nearly every instance these posts are most -imposing, some of them giving rise to the supposition that several white -men were residing in them. But in only one did we find a white man—the -successor of D E. At one place I saw lying about in the grass -surrounding the post, which is built on the site of several very large -towns, human bones, skulls, and, in some places, complete skeletons. On -inquiring the reason for this unusual sight: ‘Oh!’ said my informant, -‘When the bambote (soldiers) were sent to make us cut rubber there were -so many killed we got tired of burying, and sometimes when we wanted to -bury we were not allowed to.’</p> - -<p>“ ‘But why did they kill you so?’</p> - -<p>“ ‘Oh! sometimes we were ordered to go, and the sentry would find us -preparing food to eat while in the forest, and he would shoot two or -three to hurry us along. Sometimes we would try and do a little work on -our plantations, so that when the harvest time came we should have -something to eat, and the sentry would shoot some of us to teach us that -our business was not to plant but to get rubber. Sometimes we were -driven off to live for a fortnight in the forest without any food and -without anything to make a fire with, and many died of cold and hunger. -Sometimes the quantity brought was not sufficient, and then several -would be killed to frighten us to bring more. Some tried to run away, -and died of hunger and privation in the forest in trying to avoid the -State posts.’</p> - -<p>“ ‘But,’ said I, ‘if the sentries killed you like that, what was the use? -You could not bring more rubber when there were fewer people.’</p> - -<p>“ ‘Oh! as to that, we do not understand it. These are the facts.’</p> - -<p>“And looking around on the scene of desolation, on the untended farms -and neglected palms, one could not but believe that in the main the -story was true. From State sentries came confirmation and particulars -even more horrifying, and the evidence of a white man as to the state of -the country—the unspeakable condition of the prisons at the State -posts—all combined to convince me over and over again that, during the -last seven years, this ‘domaine privé’ of King Leopold has been a -veritable ‘hell on earth.’</p> - -<p>“The present régime seems to be more tolerable. A small payment is made -for the rubber now brought in. A little salt—say a pennyworth—for 2 -kilogrammes of rubber, worth in Europe from 6 to 8 fr. The collection is -still compulsory, but, compared with what has gone before, the natives -consider themselves fairly treated. There is a coming together of -families and communities and the re-establishment of villages; but oh! -in what sadly diminished numbers, and with what terrible gaps in the -families.... Near a large State post we saw the only large and -apparently normal village we came across in all the three weeks we spent -in the district. One was able to form here some estimate of what the -population was before the advent of the white man and the search for -rubber....”</p> - -<p> </p> - -<p>It will be observed that the devastated region whence had come the -refugees I saw at N*, comprises a part of the “Domaine de la Couronne.”</p> - -<h4>Inclosure 2 in No. 3.</h4> - -<p>(See p. 29.)</p> - -<p>(A.)</p> - -<p><i>The Rev. J. Whitehead to Governor-General of Congo State.</i></p> - -<p class="nind"> -Dear Sir,<br /> -</p> - -<p class="r"> -<i>Baptist Missionary Society, Lukolela, July 28, 1903.</i><br /> -</p> - -<p>I HAVE the honour to acknowledge the receipt of the Circular and the -List of Questions respecting the sleep sickness sent through the Rev. J. -L. Forfeitt.</p> - -<p>I hasten to do my best in reply, for the matter is of paramount -importance, and I trust that if I may seem to trespass beyond my limits -in stating my opinions in reference to this awful sickness and matters -kindred thereto, my zeal may be interpreted as arising from excessive -sorrow and sympathy for a disappearing people. I believe I shall be -discharging my duty to the State and His Majesty King Leopold II, whose -desire for the facts in the interests of humanity have long been -published, if I endeavour to express myself as clearly as I can -regarding the necessities of the natives of Lukolela.</p> - -<p>The population of the villages of Lukolela in January 1891 must have -been not less than 6,000 people, but when I counted the whole population -in Lukolela at the end of December 1896 I found it to be only 719, and I -estimated from the decrease, as far as we could count up the number of -known deaths during the year, that at the same rate of decrease in ten -years the people would be reduced to about 400, but judge of my -heartache when on counting them all again on Friday and Saturday last to -find only a population of 352 people, and the death-rate rapidly -increasing. I note also a decrease very appallingly apparent in the -inland districts during<span class="pagenum"><a name="page_I_65" id="page_I_65"></a></span> the same number of years; three districts are -well-nigh swept out (these are near to the river), and others are -clearly diminished; so that if something is not soon done to give the -people heart and remove their fear and trembling (conditions which -generate fruitfully morbid conditions and proneness to attacks of -disease), doubtless the whole place will be very soon denuded of its -population. The pressure under which they live at present is crushing -them; the food which they sadly need themselves very often must, under -penalty, be carried to the State post, also grass, cane string, baskets -for the “caoutchouc” (the last three items do not appear to be paid -for); the “caoutchouc” must be brought in from the inland districts; -their Chiefs are being weakened in their prestige and physique through -imprisonment, which is often cruel, and thus weakened in their authority -over their own people, they are put into chains for the shortage of -manioc bread and “caoutchouc.”</p> - -<p>In the riverine part of Lukolela we have done our very best as -non-official members of the State to cope with disease in every way -possible to us; but so far the officials of the State have never -attempted even the feeblest effort to assist the natives of Lukolela to -recover themselves or guard themselves in any way from disease. In times -of small-pox, when no time can be lost in the interests of the -community, I have, perhaps, gone sometimes beyond my rights as a private -citizen in dealing with it. But there has always been the greatest -difficulty in getting food for them (the patients) and nurses for them, -even when the people were not compelled to take their food supply to the -State post, but when food supplies and labour are compressed into one -channel all voluntary philanthropy is paralyzed. It is quite in vain for -us to teach these poor people the need of plenty of good food, for we -appear to them as those who mock; they point to the food which must be -taken to the post. A weekly tax of 900 brass rods’ worth of manioc bread -from 160 women, half of whom are not capable of much hard and continuous -work, does not leave much margin for them to listen to teaching -concerning personal attention in matters of food. At present they are -compelled to supply a number of workmen, and some of these are retained -after their terms are completed against their will; the villages need -the presence of their men, there are at present but eighty-two in the -villages of Lukolela, and I can see the shadow of death over nearly -twenty of them.<a name="FNanchor_21_21" id="FNanchor_21_21"></a><a href="#Footnote_21_21" class="fnanchor">[21]</a></p> - -<p>The inland people and their Chiefs tremble when they must go down to the -river, so much has been done latterly to shake their confidence, and -this fear is not strengthening them physically, but undermining their -constitutions, such as they are. They hate the compulsory “caoutchouc” -business, and they naturally do their best to get away from it. If -something is not quickly done to give these timid and disheartened -people contentment and their home life assured to them, sickness will -speedily remove many, and those who remain will look upon the white man, -of whatever nation or position, as their natural enemy (it is not far -from that now). Some have already sworn to die, be killed, or anything -else rather than be forced to bring in “caoutchouc,” which spells -imprisonment and subsequent death to them; what they hear as having been -done they quite understand can be done to them, so they conclude they -may as well die first as last. The State has fought with them twice -already, if not more; but it is useless, they will not submit. A cave of -Adullam is a thing not always easily reckoned with.</p> - -<p>May I be permitted to seize the present opportunity of respectfully -pleading on behalf of this people that their rights be respected, and -that the attention as of a father to his children be sympathetically -shown them? May I also be permitted to place before you a few -suggestions which have been impelled into my mind face to face with this -dying people of what is their need while medical inquiry goes forward, -please God, to master this terrible scourge? I suggest the following as -immediately needful for the riverine people:—</p> - -<p>1. That the present small population of Lukolela be requested to vacate -the present site of their dwellings, and form a community on the -somewhat higher ground at present used for gardens, the soil of which -has been impoverished by years of manioc growing. This is known by the -name Ntomba; and that they be requested to clear the undergrowth on the -beach, the sites of their present dwellings, and plant bananas, &c.</p> - -<p>2. That no one known to have sleep-sickness be permitted to dwell on the -new site; but all be removed to a site lower down the river; and that it -shall be the duty of the people to supply their sick with the necessary -food and caretakers. The islands are unsuitable, being uninhabitable for -a large part of the year.</p> - -<p>3. That they be compelled to bury their dead at a considerable distance -from the dwellings, and to bury them in graves at least a fathom deep, -and not as at present in shallow graves in close proximity to the -houses.</p> - -<p>4. That they be encouraged to build higher houses with more apertures -for the ingress of sunshine and air in the daytime, and with floors -considerably raised above the outside ground.</p> - -<p>5. That a strong endeavour be made to get them to provide better latrine -arrangements.</p> - -<p>6. That they be encouraged to give up eating and drinking together from -the same dish or vessel in common.</p> - -<p>7. That the men be encouraged to follow their old practices of hunting, -fishing, blacksmithing, &c., and with the women care for their gardens -and homes, and that they be given every protection in these duties and -in the holding of their property against the State soldiers and workmen -and everybody else that wants to interfere with their rights.</p> - -<p>8. All the foregoing they will not be able to do unless the present -compulsory method of acquiring their labour and their food by the State -is exchanged for a voluntary one.</p> - -<p>9. That the Chiefs or present chief representatives of the deceased -Chiefs among whom the<span class="pagenum"><a name="page_I_66" id="page_I_66"></a></span> land was divided before the State came into -existence (I believe about three will be found at Lukolela itself) be -recognized as the executive of these matters, and that they be requested -to devote their levies (restored as of old) made on the produce, &c., of -their lands to the betterment of their towns and district, by making -roads through their lands, &c.</p> - -<p>10. To appoint sentries to carry out either the above or any other -beneficent rules in any of the villages would be to endeavour to mend -the present deplorable condition with an evil a hundred-fold worse.</p> - -<p>All the above suggestions adjusted to suit the locality are equally -applicable to the inland districts.</p> - -<p>In answering the list of questions I would say:—</p> - -<p>1. Sleep-sickness is sadly only too well known at Lukolela. It is -prevalent in the whole of the riverine and inland districts. In the -inland districts I am not yet able to say whether it is more prevalent -than in the riverine one; that can only be ascertained by a more -prolonged residence there than as yet I have had opportunity to make. In -the riverine district I estimate that quite half of the deaths are from -sleep-sickness. The cases do not occur in batches like cases of -small-pox and measles do; there are too many in a given place unaffected -at one time. It will, however, gradually sweep away whole families. The -common notion among the natives is that the sickness came from -down-river; and it was prevalent, though not to such an extent as now, -as far back as the oldest people I have met can remember. Before our -Mission was founded here a suspected case would be thrown into the -river; but inland I do not think there is any evidence to show that they -did otherwise than to-day—nurse their sick perfectly, heedless of the -contagion in respect of them (the nurses) or their friends, and, as they -do on the beach, bury their dead close to their houses, and in some -cases live on the top of the graves.</p> - -<p>2. From my own observation (since January 1891) the sickness is endemic; -in the riverine villages the death-rate slowly increased until 1894, -when the people quite lost heart and felt their homes were no longer -secure to them, and then hunger, improper food, fear, and homelessness -appeared to increase the death-rate from sleep-sickness and other causes -most appallingly, and the rate has still further increased, especially -during the last two years. The fewer the population becomes the -proportionate rate of death increases most fearfully.</p> - -<p>3. The district of Lukolela may be described as follows: The beach line -is wooded, broken by one or two creeks, one of which winds for a -considerable distance inland to a district which can be reached overland -by a journey of at least three days at the shortest. There is more or -less of low-lying land connected with the creeks. The 6 miles below the -Mission station is lower than the 8 miles above. The highest point of -our land is about 19 metres above high-water level, and possibly there -is a further rise of 3 metres or so further up stream. The ground which -I suggest the people be removed to may be on an average about 12 to 15 -metres above high-water level. This ridge of river bank shelves down -into low-wooded land and grass plains which are flooded at high water, -though for the most part dry at the lowest ebb; then behind these rise -small plateaus separated by low valleys of wooded and grassy land. From -the pools and streams of this low ground the people get most of their -fish; even when the river is at medium height a journey between the -various plateaus where the villages and farms are found requires about -half the time to be spent in wading, sometimes breast deep.</p> - -<p>4. A large proportion of the population is comprised of slaves, mostly -from the tributaries of the Equator district, some from the Mobsi, -Likuba, and Likwala peoples on the north bank, some from Ngombe below -Irebu, some from as far as the district of Lake Léopold II and other -places. All the tribes represented seem equally affected, and neither -slave nor freeman seems to have preferential treatment.</p> - -<p>5. To an ordinary observer the men, women, and children appear to be -affected alike. It is not easy to always differentiate the sickness from -other maladies, for often it may be that the malady gives rise to -various complications; these complications are extremely intractable if -sleep-sickness be present. When a man in the prime of life has his -prestige and spirit broken through fear and punishment he loses interest -in his home, refuses to take food and drink; a sleep-sickness patient -will do the same. With the women in all cases we have known there is -also present amenorrhœa; sometimes treatment for this has restored -the patient in this respect for a time, but there has in all cases we -have known of this sort been a relapse; so whether the patient died of -one or the other would be difficult to say.</p> - -<p>6. The well-fed do not seem to fall before the scourge so rapidly as the -ill-fed. The progress of the disease seems to us considerably slower as -a rule with those who take care of their food and habits, but it attacks -even the most scrupulously attentive to these matters.</p> - -<p>There is a very bad practice amongst them: they will go sometimes days -without eating, although they may have manioc and plantain, and other -foods from the soil at hand, simply because they have no fish or flesh -to eat with them; sometimes they pinch themselves in food to retain -their brass rods for the purchase of some coveted article. The natives -to-day are not so careful in the preparation of food, and it is more -hastily performed; the manioc is eaten as nearly the raw state as they -dare use it. The bitter manioc is mostly grown, as the yield from it is -greater than from any other kind. Plantains are largely eaten roasted, -and boiled, and beaten into a pudding. Palm-nuts, too, they are very -fond of, and the oil forms a good part of the cooked foods. They use, -especially in the absence of fish or flesh, the leaves of the manioc, -which are bruised and boiled; in nearly every case, however, head-and -stomach-ache follow, which pass off in a few days if bowels be active. -Well-peppered food they enjoy, and rotten fish and flesh they do not, as -a rule, despise. Their dried fish, of which a large quantity is eaten, -is not by any means always free from maggots. Elephant meat seems to -give them diarrhœa; dog-headed bats similarly; hippo meat generally -produces slight constipation. I am afraid a good deal of disease is -passed from person to person in the preparation of food. There is a -great deal of eating<span class="pagenum"><a name="page_I_67" id="page_I_67"></a></span> together and drinking together from one and the -same vessel; they dip their hands in the mess prepared as they sit round -the pot, and I cannot say that they are too careful of the condition of -their hands at the time. Clothing is usually scant except for -decoration; hence the colder the weather the less the clothing, the -brighter and warmer the more they carry. Washing is not a very frequent -exercise among the natives. They like, as a rule, teeth kept clean, -washing them every day and after every meal. They like to smear their -bodies with oil and camwood. The hair is left undressed or dressed as -the case may be for weeks at a time without further cleansing. Sleeping -is mostly done on raised constructions of sticks, varying from half -a-foot from the ground to about 3 feet or so. I am afraid that not much -in the way of covering is used while sleeping, a blanket being mostly -worn during the day as an article of fine clothing. Many, especially -those in temporary residence, sleep on the ground floor with only a mat -intervening. Jiggers, bugs, mosquitos, and vermin abound in their houses -on the beach, but jiggers are not so plentiful, and mosquitos very rare -inland. The inland people take great care of their water sources, but on -the beach the river water is largely used, and this is of a dark brown -colour; some is taken from the creeks, but it is very impure, abounding -with decayed vegetation and clay, and some from springs, such as they -are, and these are only surface drainings over the clayey subsoil. The -sweepings of their huts and refuse from their food is not thrown far -away, sometimes even being quite close up against one of the walls of -the hut. In the daytime they relieve themselves in the nearest sheltered -spot without further discrimination, and these places, in the present -uncleared character of their surroundings, are very close at hand; in -the night time they are not so particular, but will even relieve -themselves in the open, and on the paths trod by every one. The common -belief is that the disease is communicated by means of the secretions, -and yet, strange to say, the natives take scarcely any precautions.</p> - -<p>7. All the cases we have known have been fatal. We have thought -sometimes we have done good with iodide of potassium and cod-liver oil, -but if it did any good at all it was only very temporary. We judge from -our observations that from the first symptoms which appear to be mental -ones, the best cared for cases last for from one to three years. Others -in which food is soon refused and neglect is suffered may speedily -terminate in a few months, or even weeks, from the first certain -indications. The first symptoms seem to be mental, the balance of -thought fails at intervals, then come the physical signs of pain in the -lower part of the back; often thought here to be piles, and they seek -the usual remedies for this; later the pain extends to the whole back -and then to the head, especially at the back of the neck, and drowsiness -steals over the patient at inconvenient times, often the eyes become -staring, the face assumes a haggard appearance, and anæmia casts its -pallor over the whole body; intelligence rapidly diminishes, and often -the patient dies foaming at the mouth; if burial does not take place -quickly maggots soon make their appearance in the body. When the natives -begin to stuff their remedies up their patient’s nostrils to take away -the “confusion of eyes” (a phrase which they use to describe a person -going out of his senses) the patient will very likely become violently -deranged, and then he has to be forcibly restrained in stocks or -otherwise.</p> - -<p>Isolation is undoubtedly the first thing to do, but when to begin the -isolation is a difficulty, and when that is settled to maintain the -isolation is still a greater one. The patients could not be left to die, -they would need food, attending to (for they become so helpless -latterly) and burying, and almost all who undertook that work would be -sure eventually to succumb. To get a person here, however, to look after -somebody else’s relative is a well nigh impossibility by moral suasion.</p> - -<p>I should have noted above that the experiment of better houses, such as -the youths and workmen have built in the little village adjoining the -Mission station (wattle and daub, with good high roofs), have given no -benefit whatever. Very few of them will be able to remain for more than -one or two years; the occupants are showing signs that are ominous; we -shall need to burn them down at the decease of the occupants.</p> - -<p>Apologizing for trespassing on your attention at so great a length, I -beg you to accept, &c.</p> - -<p> -(Signed) JOHN WHITEHEAD<br /> -</p> - -<h4>(B.)</h4> - -<p><i>The Rev. J. Whitehead to Governor-General of Congo State.</i></p> - -<p class="r"><i>Baptist Missionary Society, Lukolela, Haut Congo,</i><br /> -<span style="margin-left: 2em;"><i>September 7, 1903.</i></span></p> - -<p class="nind"> -Dear Sir,<br /> -</p> - -<p>I have recently paid a visit, along with my wife, to the inland district -of Lukolela, and I have had related to me such accounts, and have myself -seen such evidence of what seems to me both illegal and cruel -occurrences, that my blood had been made to boil with indignation and -abhorrence. I take upon myself the humanitarian duty, which is truly the -call of God, to supplement my letter to you on the subject of -sleep-sickness and the general decline of these peoples, and confirm -some of my statements by the presentation of facts of which I have the -knowledge. It may be that in some of my statements I may be trusting to -bruised reeds, but, as far as possible, I am persuaded of the truth of -what I present to your consideration.</p> - -<p>On the 16th August, 1902, I called the attention of the -Commissaire-Général at Léopoldville to a murder which had been committed -by a soldier by shooting two men while still in the chain.<span class="pagenum"><a name="page_I_68" id="page_I_68"></a></span> They had -been sent, in addition, to a youth who was walking unchained to draw -water from a pool some 2 kilom. distant from the lower post of Lukolela -by a telegraph clerk named M. Gadot (M. de Becker being the Chef de -Poste resident at the upper station). The unchained youth was flogged by -the soldier by a chicotte taken from a house on the way, and the youth -fled, and the soldier shot the two men left. My letter was taken down -river by a steamer which passed here in course of a week. Nothing was -done by the men in charge of the posts here until, by letter of the 15th -September, 1902, I was requested by the Chef de Poste to send up my -witnesses. Those witnesses could have been had the same day of the deed -if the officers had done their duty. I went up with such witnesses as I -was able to get together, and their evidence was taken. Nothing more was -heard of the matter until the 24th April of this year, when I received a -note from the State Agent here asking for certain people attached to our -station, whose names he gave. He did not mention the reason of their -being required at Léopoldville, but I guessed the reason. I was only -able to send one of them, one other having returned to his home, and -another being near to death. The man resident in the village, who was -one of the witnesses I took up previously, was sent for to the State -post and detained, and not allowed to return to make any provision of -his journey to the pool. My apprentice and this man went down to the -pool to bear witness concerning that murder; on the way the captain of -the steamer ordered them off to carry and cut firewood; they demurred, -naturally, but for peace sake did a little. In a storm of rain the -shelter of the large steamer was denied them, and they spent the night -sitting on the beach—the two of them beneath one frail umbrella. When -they arrived at the pool, no one seemed to know why they had come; they -were sent from pillar to post, then there seems to have been discovered -some reason or other to interrogate them. The soldier concerned was with -his fellows just the same as though there was no trial, and had, indeed, -been no wrong done. But for the friendly offices of a sister Mission -these two witnesses would have fared very badly during the six weeks -they were detained at Léopoldville; they were practically shelterless -and unfed; even as it was, they were hungry enough. At length they -returned by our Mission steamer. It seems that the only sufferers in the -matter were myself, in the loss of my apprentice for six weeks, and his -loss of six weeks’ wages, together with his considerable discomfort and -the loss of the man from the village—not much, perhaps, in the eyes of -the officials of the State, but much to them; then all their suffering -is easily traceable to myself, for if I had not drawn the Commissaire’s -attention to the murder no witnesses would have been necessary, for who -would have mentioned it? Considering the way in which this matter was -dealt with, and the witnesses I produced were treated, I hesitate to -bring other matters to light. The treatment these witnesses received -only strengthens the distrust of the State, which, in this place, -everywhere abounds. I therefore appeal for just treatment of witnesses -and those who bring wrong-doing to light.</p> - -<p>On the 6th March, 1903, I reported to the State Agent here (M. Lecomte) -that I had seen at Mibenga a Chief, named Mopali, of Ngelo, who had been -carried from the Lukolela post, where he had been imprisoned, so as to -induce his village to bring more rubber. His head was wounded as with an -iron instrument of some kind, his lips were swollen as if from a severe -blow, and his legs were damaged as with blows from sticks. He and his -bearer asserted that these wounds were given him while he was chained -and made to carry firewood. M. Lecomte replied that the man had been -seen by him before he left, and he was then all right and asked for my -witnesses. I replied that the man himself and bearer were my informants. -He said he wished to trace the doers of the deed. Nothing more was heard -of the matter, so later I acquainted the Directeur-Général at -Léopoldville by letter, dated the 10th July, of the facts. Meanwhile, up -to the present, I have heard of nothing being done in the matter, only a -repetition of a similar case.</p> - -<p>I was at the village of Mopali on the 18th August, and I inquired for -the poor fellow; some said he was dead, but most said that he had been -carried by his wife, at his own request, away out of the way, so that he -should not be found. He was afraid of the State chaining him again. From -them I heard he had been even worse maltreated than at first I knew; -they told me that his feet had been cut so that he despaired of walking -again, and those who had seen him last said he got along by dragging -himself along on his buttocks. I asked them pointedly whether they heard -from Mopali where he got his wounds; was it not after he left the white -man’s presence? With one voice the little crowd I asked replied, “No; he -received those wounds while in the chain.” I gathered also that at first -they were forced to take five baskets of rubber, and to make them take -ten they had chained up Mopali, and that two more baskets had been -recently added.</p> - -<p>I learnt also that the youth who had run away from the soldier on the -occasion of the murder of the two chained prisoners was dead. I asked -how it was he was imprisoned at the post; they explained that he was -taken to free his master from the chain, which had been put round his -neck, to get more rubber from his village, and both youth and master -were since dead. They recounted these things to me, and asked me if they -were just. A case-hardened Jesuit would find it difficult to say yes. I -could only blush with shame and say they were unjust.</p> - -<p>On the 17th August, at Mibenga, the Chief, Lisanginya, made a statement -to me in the presence of others, to the following effect: They had taken -the usual tax of eight baskets of rubber, and he was sent for (I think -it was the 8th June when he passed on his way through our station), and -the white man (M. Lecomte, M. Gadot also being present) said the baskets -were too few, and that they must bring other three; meanwhile, they put -the chain round his neck, the soldiers beat him with sticks, he had to -cut firewood, to carry heavy junks, and to haul logs in common with -others. Three mornings he was compelled to carry the receptacle from the -white man’s latrine and empty it in the river. On the third day -(sickening to relate) he was made to drink therefrom by a soldier named -Lisasi. A youth named Masuka was in the chain at the same<span class="pagenum"><a name="page_I_69" id="page_I_69"></a></span> place and -time, and saw the thing done. When the three extra baskets were produced -he was set at liberty. He was ill for several days after his return. I -referred to this in my letter of the 28th July, but it was too horrible -a thing to write the additional item until I had heard the thing from -the man’s own lips. I blush again and again as I hear the fame of the -State wherever I go, that when they chain a man now at the post they may -make the chained unfortunate drink the white man’s defecations.</p> - -<p>In the evening of the 21st August, on returning to Mibenga, from a more -inland town Bokoko, Mrs. Whitehead and myself saw Mpombo of Bobanga, -village of Mbongi, some distance inland. He was in a horrible state. He -stated that he had taken ten baskets of rubber to the post, and they -wanted one more, so they chained him up to get it. He stated that he had -been roughly treated by Mazamba, who had charge of him. In his utter -weakness, he had stayed at Libonga (which was a village on the way), to -get stronger, for about thirteen days. What must have been his condition -when he arrived there I cannot imagine; he was so bad when I saw him at -Mibenga. His left wrist appeared to be broken (broken by a log of wood, -too heavy for him, slipping from his shoulder), one finger of the right -hand was severely bruised, and had developed a large sore (this had been -done he said with a stick with which he had been beaten), his back was -badly bruised, the left shoulder was much bruised, and had been -evidently slit with a knife, the left knee was bruised and feet swollen -from being badly beaten, and altogether he was in a very disordered -condition.</p> - -<p>Later, I met Mabungikindo, a Chief from Bokoko, a large town inland, who -was also returning from the chain in which he had been detained to get -three more baskets of rubber. Their tax of rubber I understand had been -doubled this year, and this was to get three more on the top of that. -Poor fellow! How thin his thick-set frame had become! He was wearing his -State Chief’s medal. He took it in his hand and asked me to look at it. -I cringed with shame. He asked me if we did that sort of thing in our -country. I replied we did not. And this he said is how the State treats -us: gives us this, and chains up the wearer and beats him. Is that good? -Do you wonder, Sir, that the natives hate the State, and that its fame -is almost impossible of cleansing in this part? Again and again I had -the painful fortune to meet men coming back from imprisonment on account -of rubber. The State through its Agents at Lukolela is driving these -undisciplined people to desperation and rebellion. There is a rumour set -abroad from the State post that the soldiers are coming from Yumbi to -fight the inland people because of some words which have been brought -back from Bolebe and Bonginda. If we are going to have another war, it -will be one which has been engendered by this sort of treatment.</p> - -<p>Allow me to trespass on your patience with another story of injustice -which can scarcely be equalled by any of these barbarians. At Mibenga -the Chiefs on the 14th August had great difficulty in getting their -young men to carry down the tax of 500 mitakos’ worth of manioc bread. -This was owing to the fact that a youth named Litambala had run away -from the post. The carriers usually returned the following day, but it -was not till the morning of Sunday, the 16th, that they arrived, and it -was found that one of them, named Mpia, had been chained up for -Litambala. To deal thus with what is called a market is in the native -eyes (and not unjustly so) pure treachery. Why had been Litambala -detained? I will explain. Sometime ago a youth named Yamboisele was -living on the river side, although a native of Mibenga; he fell ill of -small-pox, and I nursed him through it—it was very bad. And it was only -with diligent and careful nursing that he was saved from imminent death. -After his recovery he did odd jobs about the station and, unfortunately, -began to be dishonest. When he was found out he was dismissed. I -presumed he would return to his own home, but he engaged himself at the -State. After some time he ran away, and although he had engaged himself -without his people’s knowledge his Chief, Lisanginya, was sent for, and -they chained him up as a hostage for a replace for Yamboisele; after a -brief space, the same day, on a promise of sending someone, he was -released, and he sent a youth named Bondumbu. Presently Yamboisele -turned up at Mibenga, and they took him to the post and asked for the -release of Bondumbu. They refused to release Bondumbu, and retained also -Yamboisele. Presently Yamboisele (report says) was sent with 2,000 -mitakos and 10 demijohns for water to the lower post, some distance down -river, and he made off with the lot to the French side. When the -carriers came down from Mibenga on the Saturday (this was the 16th May) -they chained up Moboma, and he was beaten by the soldiers; I myself saw -the weals from the strokes. The rest of the youths pleaded that he -should not be tied up, as he did not belong to the same Chief, so they -released him and chained up Manzinda. Next week they released him and -chained up Mola, who had come down also as a carrier.</p> - -<p>After two weeks the white man (the natives say it was M. Gado) sent -Mango (a native of the village of Lukolela, not then in the employ of -the State) to tie up a man to come and work in place of Mola. -Lisanginya, the Chief, was away at time, but the man tied up Litambala -and took him to the State, and Mola was set at liberty. Litambala -continued a little time, till at length he was given some work to do, -which he thought he was not strong enough for, and so ran away. Then in -the week following the chaining of Mpia, so much trouble seemed likely -to ensue in getting carriers for the manioc bread, and much -recrimination of one another in the village, that Mombai, an able-bodied -and diligent man, went to the post and gave himself up to free Mpia. But -Yamboisele has not been heard of.</p> - -<p>I have had several cases brought to my knowledge lately of the mode of -slavery adopted at the post. Briefly, it is as follows: a man for some -reason (sometimes his own and sometimes not) commences work at the post; -he completes his term, and he is told he cannot have his pay unless he -engages himself another term or brings another in his place. I know<span class="pagenum"><a name="page_I_70" id="page_I_70"></a></span> -those who have left the earnings in the hands of the Chef de Poste -rather than begin again. Such compulsion is contrary to civilized law, -and is rightly termed slavery, and is utterly illegal. I quote one case -in point—a recent one. On the 26th August I noticed a lad, Ngodele, at -Mibenga; I noticed he was a lad from the State post, and I inquired why -he was not at his work. The information was given that his term was -finished, and the white man had sent him to say that when they sent -another in his place he would give him his pay. I learnt that Ngodele -had been compelled to go by his Chief, because the Chef de Poste had -demanded some one to fill the place of another named Mokwala, who had -died at the post.</p> - -<p>I appeal to you, Sir, that these things may cease from being perpetrated -on your subjects, and this defaming of the name of the State.</p> - -<p class="r"> -Accept, &c.<br /> -(Signed) JOHN WHITEHEAD.<br /> -</p> - -<h4>Inclosure 3 in No. 3.</h4> - -<p class="c">(See p. 33.)</p> - -<p class="c"><i>Statement in regard to the Condition of the Natives in Lake Mantumba -region during the period of the Rubber Wars which began in 1893.</i></p> - -<p>The disturbance consequent on the attempt to levy a rubber tax in this -district, a tax which has since been discontinued, appears to have -endured up to 1900.</p> - -<p>The population during the continuance of these wars diminished, I -estimate, by some 60 per cent., and the remnant of the inhabitants are -only now, in many cases, returning to their destroyed or abandoned -villages.</p> - -<p>During the period 1893-1901 the Congo State commenced the system of -compelling the natives to collect rubber, and insisted that the -inhabitants of the district should not go out of it to sell their -produce to traders.</p> - -<p>The population of the country then was not large, but there were -numerous villages with an active people—very many children, healthy -looking and playful. They had good huts, large plantations of plaintains -and manioc, and they were evidently rich, for their women were nearly -all ornamented with brass anklets, bracelets, and neck rings, and other -ornaments.</p> - -<p>The following is a list of towns or villages—giving their approximate -population in the year 1893 and at the present time. These figures are -very carefully estimated:—</p> - -<p> -<span style="margin-left: 1em;">—————+———-+———-+—————————————————-</span><br /> -<span style="margin-left: 6em;">| 1893. | 1903. | Remarks.</span><br /> -<span style="margin-left: 6em;">+———-+———-+————————————————</span><br /> -<span style="margin-left: 1em;">Botunu | 500 | 80 |</span><br /> -<span style="margin-left: 1em;">Bosende | 600 | —- |</span><br /> -<span style="margin-left: 1em;">Ngombe | 500 | 40 | These are not in the old village,</span><br /> -<span style="margin-left: 6em;">| | | but near it.</span><br /> -<span style="margin-left: 1em;">Irebo | 3,000 | 60 | Now a State camp with hundreds</span><br /> -<span style="margin-left: 6em;">| | | of soldiers and women.</span><br /> -<span style="margin-left: 1em;">Bokaka | 500 | 30 |</span><br /> -<span style="margin-left: 1em;">Lobwaka | 200 | 30 |</span><br /> -<span style="margin-left: 1em;">Boboko | 300 | 35 |</span><br /> -<span style="margin-left: 1em;">Mwenge | 150 | 30 |</span><br /> -<span style="margin-left: 1em;">Boongo | 250 | 50 |</span><br /> -<span style="margin-left: 1em;">Ituta | 300 | 60 |</span><br /> -<span style="margin-left: 1em;">Ikenze | 320 | 20 |</span><br /> -<span style="margin-left: 1em;">Ngero | 2,500 | 300 | In several small clusters of huts.</span><br /> -<span style="margin-left: 1em;">Mwebe | 700 | 75 |</span><br /> -<span style="margin-left: 1em;">Ikoko | 2,500 | 800 | Including fishing camps.</span><br /> -<span style="margin-left: 1em;">—————+———-+———-+—————————————————-</span><br /> -</p> - -<p>This list can be extended to double this number of villages, and in -every case there has been a great decrease in the population. This has -been, to a very great extent, caused by the extreme measures resorted to -by officers of the State, and the freedom enjoyed by the soldiers to do -just as they pleased. There are more people in the district near the -villages mentioned, but they are hidden away in the bush like hunted -animals, with only a few branches thrown together for shelter, for they -have no trust that the present quiet state of things will continue, and -they have no heart to build houses or make good gardens. In all the -villages mentioned there are very few good huts, and when the natives -are urged to make better houses for the sake of their health, the reply -is, that there is no advantage to them in building good houses or making -extensive gardens, as these would only give the State a greater hold -upon them and lead to more exorbitant demands. The decrease has several -causes:—</p> - -<p>1. O* was deserted because of demands made for rubber by M. N O and -several others were similar cases. The natives went to the French -territory.</p> - -<p>2. “War,” in which children and women were killed as well as men. Women -and children were killed not in all cases by stray bullets, but were -taken as prisoners and killed. Sad to say, these horrible cases were not -always the acts of some black soldier. Proof was laid against one -officer who shot one woman and one man, while they were before him as -prisoners with their hands tied, and no attempt was made by the accused -to deny the truth of the statement. To those killed in the so-called -“war” must be added large numbers of those<span class="pagenum"><a name="page_I_71" id="page_I_71"></a></span> who died while kept as -prisoners of war. Others were carried to far distant camps and have -never returned. Many of the young were sent to Missions, and the -death-rate was enormous. Here is one example: Ten children were sent -from a State steamer to a Mission, and in spite of comfortable -surroundings there were only three alive at the end of a month. The -others had died of dysentery and bowel troubles contracted during the -voyage. Two more struggled on for about fifteen months, but never -recovered strength, and at last died. In less than two years only one of -the ten was alive.</p> - -<p>3. Another cause of the decrease is that the natives are weakened in -body through insufficient and irregular food supply. They cannot resist -disease as of old. In spite of assurances that the old state of things -will not come again, the native refuses to build good houses, make large -gardens, and make the best of the new surroundings—he is without -ambition because without hope, and when sickness comes he does not seem -to care.</p> - -<p>4. Again a lower percentage of births lessen the population. Weakened -bodies is one cause of this. Another reason is that women refuse to bear -children, and take means to save themselves from motherhood. They give -as the reason that if “war” should come a woman “big with child,” or -with a baby to carry, cannot well run away and hide from the soldiers. -Confidence will no doubt, be restored, but it grows but slowly.</p> - -<p>There are two points in connection with the “war” (so-called):—</p> - -<p> -<span style="margin-left: 1em;">(1.) The cause.</span><br /> -<span style="margin-left: 1em;">(2.) The manner in which it was conducted.</span><br /> -</p> - -<p>(1.) The natives never had obeyed any other man than their own Chiefs. -When Leopold II became their King they were not aware of the fact, nor -had they any hand in the making of the new arrangement. Demands were -made on them, and they did not understand why they should obey the -stranger. Some of the demands were not excessive, but others were simply -impossible. From the G H* people and the O* group of towns large demands -of rubber were made. There was not much within their reach, and it was a -dangerous thing to be a stranger in a strange part of the forests. The -O* people offered to pay a monthly tribute of goats, fowls, &c., but M. -N O would have rubber, so they left. The G H* had to bear the scourge of -war frequently and many were killed. Now they supply what they probably -would have supplied without the loss of one person, kwanga and fresh -meats, and roofing materials and mats. Rubber was demanded from some -others and war resulted. These are now providing the State with fish and -fowls.</p> - -<p>Another fertile source of war lay in the actions of the native soldiers. -Generally speaking their statements against other natives were received -as truth that needed no support. Take the following as an example: One -morning it was reported that State soldiers had shot several people near -the channel leading from H K* to the Congo. Several canoes full of -manioc had been also seized, and the friends of the dead and owners of -two of the canoes asked that they might have the canoes and food, and -that they might take the bodies and bury them. But this was refused. It -was alleged the people were shot in the act of deserting from the State -into French territory. The Chief who was shot was actually returning -from having gone with a message from M. O P to a village, and was killed -east of the camp and of his home, while “France” lay to the west. The -soldiers said that the people had been challenged to stop and that they -refused, and that they had been shot as they paddled away. But really -they had landed when called by the soldiers; they had been tied hand and -foot, and then shot. One woman had struggled when shot, and had broken -the vines with which her feet were tied, and she, though wounded, tried -to escape. A second bullet made her fall, but yet she rose and ran a few -steps, when a third bullet laid her low. Their hands had all been taken -off—<i>i.e.</i>, the right hand of each—for evidence of the faithfulness of -the soldiers. M. O P shot two of the soldiers, but the leader of the -party was not shot, though the whole matter was carried through by him, -and he it was that gave M. O P the false report.</p> - -<p>A Chief complained that certain soldiers had taken his wives and had -stolen all of his belongings that they cared to have. He made no -complaint against the “tax” that the soldiers had gone there to secure, -but told of the cruelty and oppression of the soldiers carried on for -their own gain. The white officer kicked him off the verandah and said -that he told many lies. The Chief turned round with fury written on his -face, stood silently looking at the white man, and then stalked off; two -days later there was a report that all the soldiers with their wives and -followers had been killed in that Chief’s town. A little later the white -officer who refused to set matters right, along with another Belgian -officer, were killed with a number of their soldiers in an expedition -for the purpose of punishing the Chief and his people for killing the -first lot of soldiers.</p> - -<p>After the rubber demand was withdrawn, in some places labour was -demanded. A very large proportion of the women from this village had to -go to P* every week and work there two days. They returned here on the -third day. Nearly every week there were complaints made that someone’s -wife had been kept by a soldier, and when it was suggested that the -husband should himself go and report the matter to the white man, they -would reply: “We dare not.” Their fear was not so much of the white man -but of the black soldiers.</p> - -<p>(2.) The manner in which this war was conducted was very objectionable -to any one with European ideas. The natives attacked P* and O*, but that -was only after numerous expeditions had been made against them, and the -whole population roused against the “white man.” In 99 per cent. of the -“wars” in this district the cause was simply failure on the part of the -people to supply produce, labour, or men, as demanded by the State. -There was the long struggle with L L L in his long resistance to State -authority; but he at first was known as a<span class="pagenum"><a name="page_I_72" id="page_I_72"></a></span> quiet man who tried to please -the State, and he only started on his career as a fighting man after he -had been out to help M. N O. After the departure of M. N O to -Coquilhatville, he went back and made demands and fought the people as -he had done with M. N O as his Chief.</p> - -<p>When this matter was reported to M. N O, he was angry, and called the -Chief a “brigand,” and said that he would be punished. For numerous -offences he was put “on the chain,” and some time after his release the -fight occurred (in which fight the two white men were killed) and he -joined with others in an ineffectual attempt to drive out the white man.</p> - -<p>In most of the fights then the natives were merely trying to defend -themselves and their homes from attacks made on them by black soldiers -sent to “punish them for some failure to do their duty to the State;” -and if the cause for war was weak, the way in which it was carried on -was often revolting. It was stated that these soldiers were often sent -out to make war on a village without a white officer accompanying them, -so that there was nothing to keep them from awful excesses.</p> - -<p>It is averred that canoes have been seen returning from distant -expeditions with no white man in charge, and with human hands dangling -from a stick in the bow of the canoe—or in small baskets—being carried -to the white man as proofs of their courage and devotion to duty. If one -in fifty of native reports are true, there has been great lack on the -part of some white men. They, too, are accused of forgetting the -subjects and conditions of war.</p> - -<p>Statements made to me by certain natives are appended.</p> - -<p>Many similar statements were made to me during the time I spent at Lake -Mantumba, some of those made by native men being unfit for repetition.</p> - -<h4><i>Q Q’s Statement.</i></h4> - -<p>I was born at K K*. After my father died my mother and I went to L L*. -When we returned to K K* soon after that P Q came to fight with us -because of rubber. K K* did not want to take rubber to the white man. We -and our mothers ran away very far into the bush. The Bula Matadi -soldiers were very strong and they fought hard, one soldier was killed, -and they killed one K K* man. Then the white man said let us go home, -and they went home, and then we, too, came out of the bush. This was the -first fight. After that another fighting took place. I, my mother, -grandmother, and my sister, we ran away into the bush. The soldiers came -and fought us, and left the town and followed us into the bush. When the -soldiers came into the bush near us they were calling my mother by name, -and I was going to answer, but my mother put her hand to my mouth to -stop me. Then they went to another side, and then we left that place and -went to another. When they called my mother, if she had not stopped me -from answering, we would all have been killed then. A great number of -our people were killed by the soldiers. The friends who were left buried -the dead bodies, and there was very much weeping. After that there was -not any fighting for some time. Then the soldiers came again to fight -with us, and we ran into the bush, but they really came to fight with M -M*. They killed a lot of M M* people, and then one soldier came out to K -K*, and the K K* people killed him with a spear. And when the other -soldiers heard that their friend was killed they came in a large number -and followed us into the bush. Then the soldiers fired a gun, and some -people were killed. After that they saw a little bit of my mother’s -head, and the soldiers ran quickly towards the place where we were and -caught my grandmother, my mother, my sister, and another little one, -younger than us. Several of the soldiers argued about my mother, because -each wanted her for a wife, so they finally decided to kill her. They -killed her with a gun—they shot her through the stomach—and she fell, -and when I saw that I cried very much, because they killed my mother and -grandmother, and I was left alone. My mother was near to the time of her -confinement at that time. And they killed my grandmother too, and I saw -it all done. They took hold of my sister and asked where her older -sister was, and she said: “She has just run away.” They said, “Call -her.” She called me, but I was too frightened and would not answer, and -I ran and went away and came out at another place, and I could not speak -much because my throat was very sore. I saw a little bit kwanga lying on -the ground and I picked it up to eat. At that place there used to be a -lot of people, but when I got there there were none. My sister was taken -to P*, and I was at this place alone. One day I saw a man coming from -the back country. He was going to kill me, but afterwards he took me to -a place where there were people, and there I saw my step-father.... He -asked to buy me from this man, but the man would not let him. He said, -“She is my slave now; I found her.” One day the men went out fishing, -and when I looked I saw the soldiers coming, so I ran away, but a string -caught my foot and I fell, and a soldier named N N N caught me. He -handed me over to another soldier, and as we went we saw some Q* people -fishing, and the soldiers took a lot of fish from them and a Q* woman, -and we went to P*, and they took me to the white man.</p> - -<p> </p> - -<p class="r"> -(Signed) Q Q.<br /> -</p> - -<p class="hang"> -Signed by Q Q before me,<br /> -(Signed) <span class="smcap">Roger Casement</span>,<br /> -<i>His Britannic Majesty’s Consul</i>.<br /> -</p> - -<h4><i>R R’s Statement.</i></h4> - -<p>I, R R, came from N N*. N N* and R* fought, and they killed several R* -people, and one R* man O O O took a man and sent him to L L L to go and -tell the white man to come and fight with Nkoho. The white man who -fought with N N* first was named Q R.* He fought with us in the morning; -then I ran away with my mother. Then the men came to call us back to our -town. When we were returning to our town, as we were nearing, we asked -how many people were killed, and they told us three were killed. Q R had -burned down all the houses, so we were scattered to other places again; -only some of the men were left to build again. After a while we returned -to our town and began to plant our gardens. I have finished the first -part of the story.</p> - -<p>We stayed a long time at our town, then the white man who fought with N -N* first went and told R S that the N N* people were very strong, so R S -made up his mind to come and fight us. When he came to O* we heard the -news; it was high-water season. We got into our canoes to run away, but -the men stayed behind to wait for the soldiers. When the white man came -he did not try to fight them during the day, but went to the back and -waited for night to come. When the soldiers came at night the people ran -away, so they did not kill anybody, only a sick man whom they found in a -house, whom they (the soldiers) killed and disfigured his body very -much. They hunted out all the native money they could get, and in the -morning they went away. After they went away we came back to the town, -but we found it was all destroyed. We remained in our town a long time; -the white man did not come back to fight with us. After a while we heard -that R S was coming to fight us. R S sent some Q* men to tell the N N* -people to send people to go and work for him, and also to send goats. -The N N* people would not do it, so he went to fight our town. When we -were told by the men that the soldiers were coming, we began to run -away. My mother told me to wait for her until she got some things ready -to take with us, but I told her we must go now, as the soldiers were -coming. I ran away and left my mother, and went with two old people who -were running away, but we were caught, and the old people were killed, -and the soldiers made me carry the baskets with the things these dead -people had and the hands they cut off. I went on with the soldiers. Then -we came to another town, and they asked me the way and the name of the -place, and I said “I do not know;” but they said, “If you do not tell us -we will kill you,” so I told them the name of the town. Then we went -into the bush to look for people, and we heard children crying, and a -soldier went quickly over to the place and killed a mother and four -children, and then we left off looking for the people in the bush, and -they asked me again to show them the way out, and if I did not they -would kill me, so I showed them the way. They took me to R S, and he -told me to go and stay with the soldier who caught me. They tied up six -people, but I cannot tell how many people were killed, because there -were too many for me to count. They got my little sister and killed her, -and threw her into a house and set fire to the house. When finished with -that we went to OO*, and stayed there four days, and then we went to P -P*, and because the people there ran away, they killed the P P* Chief. -We stayed there several days; then we came to P*, and from there we came -on to Q Q*, and there they put the prisoners in chains, but they did not -put me in chains, and then he (R S) went to fight with L L*, and killed -a lot of people and six people tied up. When he came back from L L* we -started and came on to Q*.</p> - -<p> </p> - -<p>My father was killed in the same fight as I was captured. My mother was -killed by a sentry stationed at N N* after I left.</p> - -<p class="r"> -(Signed) R R.<br /> -</p> - -<p class="hang"> -Signed by R R, before me,<br /> -(Signed) <span class="smcap">Roger Casement</span>,<br /> -<i>His Britannic Majesty’s Consul</i>.<br /> -</p> - -<h4><i>S S’s Statement.</i></h4> - -<p>S S came from the far back R R*. One day the soldiers went to her town -to fight; she did not know that the soldiers had come to fight them -until she saw the people from the other side of the town running towards -their end, then they, too, began to run away. Her father, mother, three -brothers, and sister were with her. About four men were killed at this -scare. It was at this fight that one of the station girls P P P was -taken prisoner. After several days, during which time they were staying -at other villages, they went back to their own town. They were only a -few days in their own town when they heard that the soldiers who had -been at the other towns were coming their way too, so the men gathered -up all their bows and arrows and went out to the next town to wait for -the soldiers to fight them. Some of the men stayed behind with all the -women and children. After that S S and her mother went out to their -garden to work; while there S S told her mother that she had dreamed -that Bula Matadi was coming to fight with them, but her mother told her -she was trying to tell stories. After that S S went back to the house, -and left her mother in the garden. After she had been a little while in -the house with her little brother and sister she heard the firing of -guns. When she heard that she took up her little sister and a big basket -with a lot of native money[22] in it, but she could not manage both, so -she left the basket behind and ran away with the youngest child; the -little boy<span class="pagenum"><a name="page_I_74" id="page_I_74"></a></span> ran away by himself. The oldest boys had gone away to wait -for the soldiers at the other town. As she went past she heard her -mother calling to her, but she told her to run away in another -direction, and she would go on with the little sister. She found her -little sister rather heavy for her, so she could not run very fast, and -a great number of people went past her, and she was left alone with the -little one. Then she left the main road and went to hide in the bush. -When night came on she tried to find the road again and follow the -people who had passed her, but she could not find them, so she had to -sleep in the bush alone. She wandered about in the bush for six days, -then she came upon a town named S S*<a name="FNanchor_22_22" id="FNanchor_22_22"></a><a href="#Footnote_22_22" class="fnanchor">[22]</a>. At this town she found that -the soldiers were fighting there too. Before entering the town she dug -up some sweet manioc to eat, because she was very, very hungry. She went -about looking for a fire to roast her sweet manioc, but she could not -find any. Then she heard a noise as of people talking, so she hid her -little sister in a deserted house, and went to see those people she had -heard talking, thinking they might be those from her own town, but when -she got to the house where the noise was coming from she saw one of the -soldier’s boys sitting at the door of the house, and then also she could -not quite understand their language, so she knew that they were not her -people, so she took fright and ran away in another direction from where -she had put her sister. After she had reached the outside of the town -she stood still, and remembered that she would be scolded by her father -and mother for leaving her sister, so she went back at night. She came -upon a house where the white man was sleeping; she saw the sentry on a -deck chair outside in front of the house, apparently asleep, because he -did not see her slip past him. Then she came to the house where her -sister was, and took her, and she started to run away again. They slept -in a deserted house at the very end of the town. Early in the morning -the white man sent out the soldiers to go and look for people all over -the town and in the houses. S S was standing outside in front of the -house, trying to make her sister walk some, as she was very tired, but -the little sister could not run away through weakness. While they were -both standing outside the soldiers came upon them and took them both. -One of the soldiers said: “We might keep them both, the little one is -not bad-looking;” but the others said “No, we are not going to carry her -all the way; we must kill the youngest girl.” So they put a knife -through the child’s stomach, and left the body lying there where they -had killed it. They took S S to the next town, where the white man had -told them to go and fight. They did not go back to the house where the -white man was, but went straight on to the next town. The white man’s -name was C D.<a name="FNanchor_23_23" id="FNanchor_23_23"></a><a href="#Footnote_23_23" class="fnanchor">[23]</a> The soldiers gave S S something to eat on the way. -When they came to this next town they found that all the people had run -away.</p> - -<p>In the morning the soldiers wanted S S to go and look for manioc for -them, but she was afraid to go out as they looked to her as if they -wanted to kill her. The soldiers thrashed her very much, and began to -drag her outside, but the corporal (N N N) came and took her by the hand -and said, “We must not kill her; we must take her to the white man.” -Then they went back to the town where C D was, and they showed him S S. -C D handed her over to the care of a soldier. At this town she found -that they had caught three people, and among them was a very old woman, -and the cannibal soldiers asked C D to give them the old woman to eat, -and C D told them to take her. Those soldiers took the woman and cut her -throat, and then divided her and ate her. S S saw all this done. In the -morning the soldier who was looking after her was sent on some duty by C -D, and before the soldier went out he had told S S to get some manioc -leaves not far from the house and to cook them. After he left she went -to do as he had told her, and those cannibal soldiers went to C D and -said that S S was trying to run away, so they wanted to kill her; but he -told them to tie her, so the soldiers tied her to a tree, and she had to -stand in the sun nearly all day. When the soldier who had charge of her -came back he found her tied up. C D called to him to ask about S S, so -he explained to C D what he had told S S to do, so he was allowed to -untie her. They stayed several days at this place, then B D asked S S if -she knew all the towns round about, and she said yes, then he told her -to show them the way, so that they could go and catch people. They came -to a town and found only one woman, who was dying of sickness, and the -soldiers killed her with a knife. At several towns they found no people, -but at last they came to a town where several people had run to as they -did not know where else to go, because the soldiers were fighting -everywhere. At this town they killed a lot of people—men, women, and -children—and took some as prisoners. They cut the hands off those they -had killed, and brought them to C D; they spread out the hands in a row -for C D to see. After that they left to return to Bikoro. They took a -lot of prisoners with them. The hands which they had cut off they just -left lying, because the white man had seen them, so they did not need to -take them to P*. Some of the soldiers were sent to P* with the -prisoners, but C D himself and the other soldiers went to T T* where -there was another white man. The prisoners were sent to S T. S S was -about two weeks at P*, and then she ran away into the bush at P* for -three days, and when she was found she was brought back to S T, and he -asked her why she had run away. She said because the soldiers had -thrashed her.</p> - -<p> </p> - -<p>S S’s mother was killed by soldiers, and her father died of starvation, -or rather, he refused to eat because he was bereaved of his wife and all -his children.</p> - -<p class="r"> -(Signed) S S.<br /> -</p> - -<p class="hang"> -Signed by S S before me,<br /> -(Signed)<br /> -<br /> -<span class="smcap">Roger Casement</span>,<br /> -<i>His Britannic Majesty’s Consul</i>.<br /> -</p> - -<h4><i>T T’s Statement.</i></h4> - -<p>States she belonged to the village of R*, where she lived with her -grandmother. R* was attacked by the State soldiers long ago. It was in S -T’s time. She does not know if he was with the soldiers, but she heard -the bugle blow when they were going away. It was in the afternoon when -they came, they began catching and tying the people, and killed lots of -them. A lot of people—she thinks perhaps fifty—ran away, and she was -in the crowd with them, but the soldiers came after them and killed them -all but herself. She was small, and she slid into the bush. The people -killed were many, and women—there were not many children. The children -had scattered when the soldiers came, but she stayed with the big -people, thinking she might be safe.</p> - -<p>When they were all killed she waited in the grass for two nights. She -was very frightened, and her throat was sore with thirst, and she looked -about and at last she found some water in a pot. She stayed on in the -grass a third night, and buffaloes came near her and she was very -frightened—and they went away. When the morning came she thought she -would be better to move, and went away and got up a tree. She was three -days without food, and was very hungry. In the tree she was near her -grandmother’s house, and she looked around and, seeing no soldiers, she -crept to her grandmother’s house and got some food and got up the tree -again. The soldiers had gone away hunting for buffaloes, and it was then -she was able to get down from the tree. The soldiers came back, and they -came towards the trees and bushes calling out: “Now we see you; come -down, come down!” This they used to do, so that people, thinking they -were really discovered, should give themselves up; but she thought she -would stay on, and so she stayed up the tree. Soon afterwards the -soldiers went, but she was still afraid to come down. Presently she -heard her grandmother calling out to know if she was alive, and when she -heard her grandmother’s voice she knew the soldiers were gone, and she -answered, but her voice was very small—and she came down and her -grandmother took her home.</p> - -<p>That was the first time. Soon afterwards she and her grandmother went -away to another town called U U*, near V V*, and they were there some -days together, when one night the soldiers came. The white man sent the -soldiers there because the U U* people had not taken to the State what -they were told to take. Neither her own people nor the U U* people knew -there was any trouble with the Government, so they were surprised. She -was asleep. Her grandmother—her mother’s mother—tried to awaken her, -but she did not know. She felt the shaking, but she did not mind because -she was sleepy.</p> - -<p>The soldiers came quickly into the house—her grandmother rushed out -just before. When she heard the noise of the soldiers around the house, -and looked and saw her grandmother not there, she ran out and called for -her grandmother; and as she ran her brass anklets made a noise, and some -one ran after and caught her by the leg, and she fell and the soldiers -took her.</p> - -<p>There were not many soldiers, only some boys with one soldier -(<i>Note.</i>—She means a corporal and some untrained men.—R. C.), and they -had caught only one woman and herself. In the morning they began robbing -the houses, and took everything they could find and take.</p> - -<p>They were taken to a canoe, and went to V V*. The soldier who caught her -was the sentry at V V*. At V V* she was kept about a week with the -sentry, and when the V V* people took their weekly rations over to P* -she was sent over. The other woman who was taken to V V* was ransomed by -her friends. They came after them to V V*, and the sentry let her go for -750 rods. She saw the money paid. Her friends came to ransom her too, -but the sentry refused, saying the white man wanted her because she was -young—the other was an old woman and could not work.</p> - -<p> </p> - -<p class="r"> -(Signed) T T.<br /> -</p> - -<p class="hang"> -Signed by T T before me.<br /> -(Signed)<br /> -<br /> -<span class="smcap">Roger Casement</span>,<br /> -<i>His Britannic Majesty’s Consul</i>.<br /> -</p> - -<h4><i>U U’s Statement.</i></h4> - -<p>When we began to run away from the fight, we ran away many times. They -did not catch me because I was with mother and father. Afterwards mother -died; four days passed, father died also. I and an older sister were -left with two younger children, and then the fighting came where I had -run to. Then my elder sister called me: “U U, come here.” I went. She -said: “Let us run away, because we have not any one to take care of us.” -When we were running away we saw a lot of W W* people coming towards us. -We told them to run away, war was coming. They said: “Is it true?” We -said: “It is true; they are coming.” The W W* people said: “We will not -run away; we did not see the soldiers.” Only a little while they saw the -soldiers, and they were killed. We stayed in a town named X X*. A male -relative called me: “U U, let us go;” but I did not want to. The -soldiers came there; I ran away by myself; when I ran away I hid in the -bush. While I was running I met with an old man who was running from a -soldier. He (the soldier) fired a gun. I was not hit, but the old man -died. Afterwards they caught me and two men. The soldiers asked: “Have -you a father and mother?” I answered, “No.” They said to me, “If you do -not tell us we will kill you.” I said:<span class="pagenum"><a name="page_I_76" id="page_I_76"></a></span> “Father and mother are dead.” -After that my oldest sister was caught, too, in the bush, and they left -my little brother and sister alone in the bush to die, because heavy -rain came on, and they had not had anything to eat for days and days. At -night they tied my hands and feet for fear that I should run away. In -the morning they caught three people—two had children; they killed the -children. Afterwards I was standing outside, and a soldier asked me, -“Where are you going?” I said, “I am going home.” He said, “Come on.” He -took his gun; he put me in the house; he wanted to kill me. Then another -soldier came and took me. We heard a big noise; they told us that the -fighting was over, but it was not so. When we were going on the way they -killed ten children because they were very, very small; they killed them -in the water. Then they killed a lot of people, and they cut off their -hands and put them into baskets and took them to the white man. He -counted out the hands—200 in all; they left the hands lying. The white -man’s name was “C D.” After that C D sent us prisoners with soldiers to -P* to S T. S T told me to weed grass. When I was working outside a -soldier came and said: “Come here;” and when I went he wanted to cut my -hand off, and so I went to the white man to tell him, and he thrashed -the soldier.</p> - -<p>On our way, when we were coming to P*, the soldiers saw a little child, -and when they went to kill it the child laughed so the soldier took the -butt of the gun and struck the child with it, and then cut off its head. -One day they killed my half-sister and cut off her head, hands, and feet -because she had on rings. Her name was Q Q Q. Then they caught another -sister, and they sold her to the W W* people, and now she is a slave -there. When we came to P* the white man said to send word to the friends -of the prisoners to come with goats to buy off some of their relatives. -A lot were bought off, but I had no one to come and buy me off because -father was dead. The white man said to me, “You shall go to....” The -white man (S T) gave me a small boy to care for, but I thought he would -be killed, so I helped to get him away. S T asked me to bring the boy to -him, but I said: “He has run away.” He said he would kill me, but....</p> - -<p> </p> - -<p class="r"> -(Signed) U U.<br /> -</p> - -<p class="hang"> -Signed by U U before me.<br /> -(Signed)<br /> -<br /> -<span class="smcap">Roger Casement</span>,<br /> -<i>His Britannic Majesty’s Consul</i>.<br /> -</p> - -<h4>Inclosure 4 in No. 3.</h4> - -<p class="c">(See p. 34.)</p> - -<div class="blockquot"><p><i>Notes in the Case of V V, a Native of L L* in the Mantumba -District, both of whose hands have been hacked or beaten off, and -with reference to other similar cases of Mutilation in that -District.</i></p></div> - -<p>I found this man in the ... station at Q* on <span class="bblankk-space-in-text"> </span>, and -learned that he had been kept by the missionaries for some years, since -the day when a party of native teachers had found him in his own town, -situated in the forest some miles away from Q*. In answer to my inquiry -as to how he came to lose his hands, V V’s statement was as follows:—</p> - -<p>“State soldiers came from P*, and attacked the R R* towns, which they -burned, killing people. They then attacked a town called A B* and burned -it, killing people there also. From that they went on to L L*. The L L* -people fled into the forest, leaving some few of their number behind -with food to offer to the soldiers—among whom was V V. The soldiers -came to L L*, under the command of a European officer, whose native name -was T U. The soldiers took prisoner all the men left in the town, and -tied them up. Their hands were tied very tight with native rope, and -they were tied up outside in the open; and as it was raining very hard, -and they were in the rain all the time and all the night, their hands -swelled, because the thongs contracted. His (V V’s) hands had swollen -terribly in the morning, and the thongs had cut into the bone. The -soldiers, when they came to L L*, had only one native a prisoner with -them; he was killed during the night. At L L* itself eight people, -including himself (V V) were taken prisoners; all were men; two were -killed during the night. Six only were taken down in the morning to Y -Y*. The white man ordered four of the prisoners to be released; the -fifth was a Chief, named R R R. This Chief had come back to L L* in the -night to try secretly to get some fire to take back into the forest, -where the fugitives were hiding. His wife had become sick during the -heavy rain in the forest, and the Chief wanted the fire for her; but the -soldiers caught him, and he was taken along with the rest. This Chief -was taken to P*, but he believes that on the way, at Z Z*, he tried to -escape, and was killed. V V’s hands were so swollen that they were quite -useless. The soldiers seeing this, and that the thongs had cut into the -bone, beat his hands against a tree with their rifles, and he was -released. He does not know why they beat his hands. The white man, T U, -was not far off, and could see what they were doing. T U was drinking -palm-wine while the soldiers beat his hands with their rifle-butts -against the tree. His hands subsequently fell off (or sloughed away). -When the soldiers left him by the waterside, he got back to L L*, and -when his own people returned from the forest they found him there. -Afterwards some boys—one of whom was a relation—came to L L*, and they -found him without his hands.”</p> - -<p>There was some doubt in the translation of V V’s statement whether his -hands had been<span class="pagenum"><a name="page_I_77" id="page_I_77"></a></span> cut with a knife; but later inquiry established that -they fell off through the tightness of the native rope and the beating -of them by the soldiers with their rifle-butts.</p> - -<p>On the 14th August, I again visited the State camp at Irebu, where, in -the course of conversation with the officer in command, I made passing -but intentional reference to the fact that I had seen V V, and had heard -his story from himself. I added that from the boy’s statement it would -seem that the loss of his hands was directly attributable to an officer -who was apparently close at hand and in command of the soldiers at the -time. I added that I had heard of other cases in the neighbourhood. The -Commandant at once informed me that such things were impossible, but -that in this specific case of V V he should cause inquiry to be -instantly made.</p> - -<p>On my return from the Lulongo River I found that this remark in passing -conversation had borne instant fruit, although previous appeals on -behalf of the boy had proved unsuccessful. The Commissaire-Général of -the Equator District had, learning of it, at once proceeded to Lake -Mantumba, and a judicial investigation as to how V V lost his hands had -been immediately instituted. The boy was taken to Bikoro, and I have -since been informed that provision has been made for him and a weekly -allowance.</p> - -<p>When at the village of B C*, I had found there a boy of not more than 12 -years of age with the right hand gone. This child, in answer to my -inquiries, said that the hand had been cut off by the Government -soldiers some years before. He could not say how long before, but -judging from the height he indicated he could not then have been more -than 7 years of age if now 12. His statement was fully confirmed by S S -S and his relatives, who stood around him while I questioned him. The -soldiers had come to B C* from Coquilhatville by land through the -forest. They were led by an officer whose name was given as “U V.” His -father and mother were killed beside him. He saw them killed, and a -bullet hit him and he fell. He here showed me a deep cicatrized scar at -the back of the head, just at the nape of the neck, and said it was -there the bullet had struck him. He fell down, presumably insensible, -but came to his senses while his hand was being hacked off at the wrist. -I asked him how it was he could possibly lie silent and give no sign. He -answered that he felt the cutting, but was afraid to move, knowing that -he would be killed if he showed any sign of life.</p> - -<p>I made some provision for this boy.</p> - -<p>The names of six other persons mutilated in a similar way were given to -me. The last of these, an old woman, had died only a few months -previously, and her niece stated that her aunt had often told her how -she came to lose her hand. The town had been attacked by Government -troops and all had fled, pursued into the forest. This old woman (whose -name was V W) had fled with her son, when he fell shot dead, and she -herself fell down beside him—she supposed she fainted. She then felt -her hand being cut off, but had made no sign. When all was quiet and the -soldiers had gone, she found her son’s dead body beside her with one -hand cut off and her own also taken away.</p> - -<p>Of acts of persistent mutilation by Government soldiers of this nature I -had many statements made to me, some of them specifically, others in a -general way. Of the fact of this mutilation and the causes inducing it -there can be no shadow of doubt. It was not a native custom prior to the -coming of the white man; it was not the outcome of the primitive -instincts of savages in their fights between village and village; it was -the deliberate act of the soldiers of a European Administration, and -these men themselves never made any concealment that in committing these -acts they were but obeying the positive orders of their superiors. I -obtained several specific instances of this practice of mutilation -having been carried out in the town of Q* itself, when the Government -soldiers had come across from P* to raid it or compel its inhabitants to -work.</p> - -<h4>Inclosure 5 in No. 3.</h4> - -<p class="c">(See p. 43.)</p> - -<p class="c"><i>Circular dated October 20, 1900.</i></p> - -<p>Le Gouvernement a délégué à des Sociétés Commerciales opérant dans -certaines parties du territoire non soumise à l’action immédiate de son -autorité une partie de ses pouvoirs en matière de police générale.</p> - -<p>Ces Sociétés sont dites avoir “le droit de police.” Des interprétations -erronées ont été données à cette appellation.</p> - -<p>On a voulu y voir l’attribution aux Directeurs de ces Sociétés et même à -des agents subalternes, du droit de diriger des opérations militaires -offensives, “de faire la guerre” aux populations indigènes; d’autres, -sans même s’inquiéter d’examiner quelles pouvaient être les limites de -ce droit de police, se sont servis de moyens que cette délégation avait -mis entre leurs mains, pour commettre les abus les plus graves.</p> - -<p>C’est-à-dire que “le droit de police” qui leur donnait le moyen de se -protéger eux-mêmes et l’obligation de protéger les individus contre -l’abus de la force, allait complètement à l’encontre de l’un de ces buts -principaux.</p> - -<p>En présence de cette situation, j’ai décidé que “le droit de police,” -terme dont je conserve provisoirement l’emploi, ne laisserait que le -pouvoir de réquisitionner, à l’effet de maintenir ou de rétablir -l’ordre, la force armée qui se trouvera soit dans la Concession, soit en -dehors, mais même dans ce cas il doit être bien entendu que les -officiers de l’État conserveront, au cours des événements le Commandant -[? commandement] des soldats et seront seuls juges, sous leur -responsabilité, des opérations militaires qu’il importerait -d’entreprendre.<span class="pagenum"><a name="page_I_78" id="page_I_78"></a></span></p> - -<p>Les armes perfectionnées que les Sociétés posséderaient dans leurs -diverses factoreries ou établissements et qui doivent faire l’objet -comme les armes d’autres Sociétés n’ayant pas le droit de police, d’un -permis modèle B, ne peuvent en aucun cas sortir des établissements pour -lesquels elles ont été délivrées.</p> - -<p>Quant aux fusils à piston ils ne peuvent être mis en dehors des -factoreries qu’entre les mains des Capitas et à condition que ceux-ci -aient un permis suivant modèle C.</p> - -<p>Les fusils à piston ne sortiront ainsi des factoreries qu’isolément. Ne -pouvant être remis en dehors des établissements commerciaux dans les -mains de groupes plus ou moins importants ils ne constitueront ainsi -jamais une force offensive.</p> - -<p>Je donne à nouveau les ordres les plus formels pour que tous les -fonctionnaires de l’État concourent à faire réprimer les infractions à -ces strictes défenses.</p> - -<p class="r"> -Le Gouverneur-Général,<br /> -(Signé) WAHIS.<br /> -</p> - -<p><i>Boma, le 20 Octobre, 1900.</i></p> - -<h4>(Translation.)</h4> - -<p>The Government have delegated to commercial Companies operating in -certain parts of the territory not subject to the immediate exercise of -Government authority a part of their powers in matters of general -police.</p> - -<p>These Companies are described as having “the right of police.” Erroneous -interpretations have been given to this expression.</p> - -<p>It has been held by some as giving to the Directors of these Companies, -and even to inferior officers, the right to undertake offensive military -operations, to “make war” on the native population; others, without even -troubling to ascertain what the limits of this right of police might be, -have used the means afforded by this delegation of power to commit the -gravest abuses.</p> - -<p>That is to say, “the right of police,” which gave them the means of -protecting themselves, and imposed upon them the obligation of -protecting individuals against abuse of force, was used in a manner -absolutely opposed to one of these principal objects.</p> - -<p>In view of these circumstances, I have decided that “the right of -police,” an expression the use of which I retain provisionally, shall -imply no more than the power of requisitioning, with a view to -maintaining or restoring order, the armed force existing either within -or without the Concession; but even in this case it must be well -understood that the officers of the State will retain command of the -soldiers during the proceedings, and will be the sole judges, on their -own responsibility, of the military operations which it may be desirable -to undertake.</p> - -<p>Improved weapons which the Companies possess in their various factories -or establishments and for which, as for the arms of other Companies not -having the right of police, a permit, form (B), must be taken out, may -not in any case be removed from the establishments for which they were -issued.</p> - -<p>With regard to cap-guns, they may not be removed from the factories -except into the hands of the Capitas, and on the condition that the -latter are in possession of a permit, form (C).</p> - -<p>Cap-guns will thus only be removed from the factories one by one. As -they cannot be issued from the commercial establishments into the hands -of more or less numerous groups, they will thus never constitute a means -of offence.</p> - -<p>I again give the most formal orders that all the State officials -co-operate to repress violations of these strict prohibitions.</p> - -<p class="r"> -The Governor-General,<br /> -(Signed) WAHIS.<br /> -</p> - -<p><i>Boma, October 20, 1900.</i></p> - -<h4>Inclosure 6 in No. 3.</h4> - -<p class="c">(See p. 56.)</p> - -<p class="c"><i>Note of Information taken in the Charge of Cutting off the boy I I’s -hand, preferred to Mr. Casement by the People of E*.</i></p> - -<p>At village of E* in the C D* country, on left bank of E D*, tributary of -the X* River.</p> - -<p>Y Y, with many of the townsmen and a few women and children, also -present.</p> - -<p>A lad, about 14 or 15 years of age, I I by name, whose left hand had -been cut off, the stump wrapped up in a rag, the wound being yet -scarcely healed, appears, and, in answer to Consul’s question, charges a -sentry named K K (placed in the town by the local agent of the La -Lulanga Society to see that the people work rubber) with having done it. -This sentry is called, and after some delay appears with a cap-gun.</p> - -<p>The following inquiry into the circumstances surrounding the loss of I -I’s hand then takes place:—</p> - -<p>The Consul, through W W, speaking in E F*, and X X repeating his -utterances both in F G* to the sentry and in the local dialect to the -others, asks I I, in the presence of the accused:</p> - -<p>“Who cut off your hand?”</p> - -<p>I I: “The sentry there.”<span class="pagenum"><a name="page_I_79" id="page_I_79"></a></span></p> - -<p>The sentry denies the charge (interrupting), and stating that his name -is T T T and not K K. Consul requests him to keep silence—that he can -speak later.</p> - -<p>Y Y is called and questioned by Consul through the interpreters. After -being exhorted to speak the truth without fear or favour, he states:</p> - -<p>“The sentry before us cut off I I’s hand.”</p> - -<p>Consul: “Did you yourself witness the act?”</p> - -<p>Answer: “Yes.”</p> - -<p>Several of the Headmen of the town called upon by the Consul to testify.</p> - -<p>To the first of these, who gave his name as Z Z, Consul asked, pointing -to I I’s mutilated wrist-bone: “Who cut off this boy’s hand?”</p> - -<p>Z Z (pointing to the sentry): “That man did it.”</p> - -<p>The second, who gave his name as A A A, asked by Consul: “Who cut off -this boy’s hand?”</p> - -<p>Answers: “K K.”</p> - -<p>The third, giving his name as B B B, asked by Consul: “Who cut off this -boy’s hand?”</p> - -<p>Answers: “This man here, the sentry.”</p> - -<p>Z Z (re-questioned): “Did you yourself see this sentry cut off this -boy’s hand?”</p> - -<p>Answer: “Yes, I saw it.”</p> - -<p>A A A (re-questioned): “Did you yourself see this sentry cut off this -boy’s hand?”</p> - -<p>Answers: “I should think so. Did I not get this wound here” (pointing to -a cut by the tendon Achilles on the left heel) “the same day, when -running away in fright? My own knife wounded me. I let it fall when I -ran away.”</p> - -<p>Consul questions I I: “How long ago was it your hand was cut off?”</p> - -<p>Answer: “He is not sure.”</p> - -<p>Two fellow-villagers—young men, named C C C and D D D—step out and -state that they remember. The act occurred when the clay was being dug -over at C D, when the slip-place for the steamers was begun.</p> - -<p>E E E, of E*, another section of the village of R**, questioned by -Consul: “Did you see this lad’s hand cut off?”</p> - -<p>Answer: “Yes. I did not actually see it being cut off. I came up and saw -the severed hand and the blood lying on the ground. The people had run -away in all directions.”</p> - -<p>Consul asked interpreters to ask if there were others who had seen the -crime and charged K K with it.</p> - -<p>Nearly all those present, about forty persons, nearly all men, shouted -out with one voice that it was K K who did it.</p> - -<p>Consul: “They are all sure it was K K here?”</p> - -<p>Universal response: “Yes; he did it.”</p> - -<p>Consul asked the accused K K: “Did you cut off this boy’s hand?”</p> - -<p>This question was put in the plainest language, and repeated six times, -with the request that a plain answer—“yes” or “no”—should be given.</p> - -<p>The accused failed to answer the question, beginning to talk of other -things not relevant to the question, such as that his name was T T and -not K K and that the people of R** had done bad things to him.</p> - -<p>He was told to confine himself to the question put to him, that he could -talk of other things later, but that now it was his place to answer the -questions put, just as simply and plainly as the others had answered. He -had heard those answers and the charge they levied against him, and he -should answer the Consul’s questions in just the same way.</p> - -<p>The accused continued to speak of irrelevant subjects, and refused or -failed to give any answer to the question put to him.</p> - -<p>After repeated attempts to obtain answer to the question: “Did you or -did you not cut off this boy I I’s hand?”</p> - -<p>Consul states: “You are charged with this crime. You refuse to answer -the questions I put to you plainly and straightforwardly as your -accusers have done. You have heard their accusation. Your refusal to -reply as you should reply—viz., yes or no—to a direct and simple -question leaves me convinced that you cannot deny the charge. You have -heard what has been charged against you by all these people. Since you -decline to answer as they did, you may tell your story your own way. I -shall listen to it.”</p> - -<p>Accused began to speak, but before his remarks could be translated to me -through X X first, to whom he spoke direct, and then through W W, a -young man stepped out of the crowd and interrupted.</p> - -<p>There was noise and then the man spoke:—</p> - -<p>He stated he was F F F of R**. He had shot two antelopes, and he had -brought two of their legs to this sentry as a gift. The sentry refused -to accept them, and tied his wife up. The sentry said they were not a -sufficient present for him, and he kept F F F’s wife tied up until he, F -F F, paid him 1,000 brass rods for her release.</p> - -<p>Here a young man giving his name as G G G stepped into the ring and -accused the sentry of having robbed him openly of two ducks and a dog. -They were taken from him for no reason save that the sentry wanted them -and took them by force.</p> - -<p>Consul again turned to the sentry and invited him to tell his story, and -to give his answer to the charge against him in his own way. Consul -enjoined silence on all, and not to interrupt the sentry.</p> - -<p>K K stated that he did not take G G G’s ducks. The father of G G G gave -him a duck. (All laughed.) It is true that F F F killed two antelopes -and gave him the two legs as a gift but he did not tie up his wife or -require money for her release.<span class="pagenum"><a name="page_I_80" id="page_I_80"></a></span></p> - -<p>Consul: “That is all right. That finishes the ducks and the antelopes’ -legs; but now I want to hear about I I’s hand. Tell me what you know -about I I’s hand being cut off.”</p> - -<p>K K again evaded the question.</p> - -<p>Consul: “Tell him this. He is put here by his master in this town, is he -not? This is his town. Now, does he say he does not know what goes on -here where he lives?”</p> - -<p>The sentry states: “It is true that this is his town, but he knows -nothing about I I’s hand being cut off. Perhaps it was the first sentry -here before he came, who was a very bad man and cut people’s hands off. -That sentry has gone away—it was he who cut hands off, not himself. He -does not know anything of it.”</p> - -<p>Consul: “What was the name then of this bad sentry, your predecessor, -who cut people’s hands off? You know it?”</p> - -<p>The sentry gives no direct answer, and the question is repeated. He then -gives a statement about several sentries, naming three, as predecessors -of himself here at R**.</p> - -<p>Here a man named H H H jumped up, interrupting, and asserted that those -three sentries did not reside at R**, but had been stationed in his own -town—his, H H H’s, town.</p> - -<p>Consul (to the sentry): “How long have you been in this town?”</p> - -<p>Answer: “Five months.”</p> - -<p>Consul: “You are quite sure?”</p> - -<p>Answer: “Five months.”</p> - -<p>Consul: “Do you, then, know this boy I I? Have you seen him before?”</p> - -<p>Answer: “I do not know him at all.”</p> - -<p>Here the entire auditory roared with laughter, and expressions of -admiration at the sentry’s lying powers were given vent to.</p> - -<p>The sentry, continuing, stated that possibly I I comes from H H H’s -town. Anyhow, he (the sentry) does not know I I; he does not know him at -all.</p> - -<p>Here F F F stepped out and said he was full brother of I I; they had -lived here always. Their father was U U U, now dead; their mother is -also dead.</p> - -<p>Consul (to the sentry): “Then it is finished. You know nothing of this -matter.”</p> - -<p>The sentry: “It is finished. I have told you all. I know nothing of it.”</p> - -<p>Here a man giving his name as I I I, of K K*, the neighbouring section -of R**, came forward with his wife.</p> - -<p>He stated that the other sentries in their town were not so bad, but -that this man was a villain.</p> - -<p>The sentry had tied up his wife—the woman he brought forward—and had -made him pay 500 rods before she was released. He had paid the money.</p> - -<p>Here Consul asked I I how his hand had been cut off. He and C C C and D -D D stated that he had first been shot in the arm, and then when he fell -down the sentry had cut his hand off.</p> - -<p>Consul: “Did you feel it being cut off?”</p> - -<p>Answer: “Yes, I felt it.”</p> - -<p>This terminated the inquiry. The Consul informed Y Y and the people -present that he should report what he had seen and heard to the Congo -Government, and that he should beg them to investigate the charge -against the sentry, who deserved severe punishment for his illegal and -cruel acts. The things that the sentry was charged with doing were quite -illegal, and if the Government of his country knew of such things being -done, the perpetrators of such crimes would, in all cases, be punished.</p> - -<p class="r"> -(Signed) ROGER CASEMENT,<br /> -<i>His Britannic Majesty’s Consul</i>.<br /> -</p> - -<h4>Inclosure 7 in No. 3.</h4> - -<p class="c">(See p. 59.)</p> - -<p class="c"><i>Circular of September 7, 1903, forbidding Soldiers armed with Rifles -from going out on Service without Europeans over them.</i></p> - -<p class="c"><span class="smcap">État Indépendant du Congo.</span></p> - -<p class="r"> -<i>Boma, le 7 Septembre, 1903.</i><br /> -</p> - -<p>La lecture de rapports sur des opérations et reconnaissances militaires -démontre que les prescriptions formelles—et si souvent répétées—du -Gouvernement concernant l’instruction d’envoyer des soldats armés sous -la conduite de gradés noirs ne sont pas observées rigoureusement.</p> - -<p>Je constate même avec regret de la part de certains fonctionnaires et -agents cette mauvaise volonté à se conformer à ces instructions, qui -sont pourtant dictées par le souci des intérêts supérieurs de l’État.</p> - -<p>Les opérations militaires doivent être conduites d’après les règlements -sur le service en campagne que nos officiers et sous-officiers doivent -appliquer fréquemment au cours des exercices journaliers et d’après les -nombreuses prescriptions sur la matière. Et à cet effet le personnel -supérieur, avant de se prononcer sur les opérations à conduire aura, au -préalable, à examiner si les moyens dont disposent leurs sous-ordres -sont suffisants.</p> - -<p>J’ai l’honneur d’inviter les Chefs territoriaux à rappeler à leur -personnel les instructions qui précèdent et à l’informer de ce que toute -contravention à la défense d’envoyer des soldats armés<span class="pagenum"><a name="page_I_81" id="page_I_81"></a></span> sous la conduite -de gradés noirs sera sévèrement réprimée et de nature même à provoquer -la révocation de l’agent en faute.</p> - -<p>Les soldats doivent être l’objet d’une surveillance constante afin qu’il -leur soit impossible de se livrer à des cruautés auxquelles pourraient -les pousser leurs instincts primitifs.</p> - -<p>Les instructions défendent aussi d’employer les soldats au service des -courriers et des transports.</p> - -<p>Malgré cela on continue en maints endroits à pratiquer ce déplorable -usage.</p> - -<p>Il importe que les soldats ne soient plus constamment distraits de leur -garnison et de leur métier militaire et qu’ils restent, en tout temps, -sous le contrôle de leurs chefs; l’instruction et l’éducation militaires -des hommes de la force publique ne peuvent qu’y gagner.</p> - -<p>Je prie, en conséquence, le personnel intéressé de faire cesser -immédiatement l’état de choses signalé ci-dessus: le service des -courriers doit être assuré par des travailleurs ou des hommes -spécialement désignés à cet effet.</p> - -<p>Si l’autorité juge nécessaire, dans certains cas, de faire escorter soit -un courrier soit un convoi de marchandises, il faut que la patrouille -soit organisée réglementairement et commandée par un Européen.</p> - -<p>Ce n’est qu’à titre tout à fait exceptionnel et si c’est absolument -nécessaire que cette patrouille pourra être commandée à défaut -d’Européen par un gradé de choix et de confiance.</p> - -<p>Mais dans ce cas, que l’autorité aura à justifier, les hommes commandés -par un gradé noir devront être munis du fusil à piston d’armement qui -constitue une bonne arme défensive.</p> - -<p class="r"> -Le Vice-Gouverneur-Général,<br /> -(Signé) F. FUCHS.<br /> -</p> - -<h4>(Translation.)</h4> - -<p class="c"><span class="smcap">Independent State of the Congo.</span></p> - -<p class="r"> -<i>Boma, September 7, 1903.</i><br /> -</p> - -<p>The perusal of reports on military operations and reconnaissances shows -that the formal orders of the Government, so frequently repeated, -respecting the instruction to send armed soldiers under the command of -black non-commissioned officers, are not rigorously observed.</p> - -<p>I even note with regret this disinclination, on the part of certain -officials and agents, to conform to these instructions, which are, -however, dictated by care for the higher interests of the State.</p> - -<p>Military operations must be conducted in accordance with the regulations -respecting service in the field, of which our officers and -non-commissioned officers must make frequent application at daily drill, -and in accordance with the numerous instructions in the matter. And to -this end the superior staff, before deciding on the operations to be -undertaken, must ascertain beforehand whether the means at the disposal -of those below them are sufficient.</p> - -<p>I have the honour to invite the territorial Chiefs to remind their staff -of the preceding instructions, and to inform them that any breach of the -rule forbidding the dispatch of armed soldiers under the command of -black non-commissioned officers will be severely put down, and may lead -to the dismissal of the agent in fault.</p> - -<p>The soldiers must be the object of constant supervision, so that it may -be impossible for them to commit cruelties to which their primitive -instincts might prompt them.</p> - -<p>The instructions also forbid the employment of the soldiers on post or -transport work.</p> - -<p>Nevertheless, this deplorable custom continues to obtain in many places.</p> - -<p>It is important that the soldiers should not in future be constantly -withdrawn from their garrison and from their military duties, and that -they should remain at all times under the control of their Chiefs. This -cannot fail to improve the instruction and military education of the men -of the public force. I therefore request the staff whom it concerns to -put an end at once to the above-mentioned condition of affairs; the -postal service must be assured by workmen or by men specially chosen for -that purpose.</p> - -<p>If the authorities deem it necessary in certain cases to have the post -or a convoy of merchandise escorted, the patrol must be organized -according to the regulations, and must be commanded by a European.</p> - -<p>It is only in most exceptional cases, and if it is absolutely necessary, -that this patrol can, failing European, be commanded by a -specially-selected and trustworthy non-commissioned officer.</p> - -<p>But in such cases, which will have to be justified by the authorities, -the men commanded by a black non-commissioned officer must be provided -with a regulation cap-gun, which constitutes a good defensive weapon.</p> - -<p class="r"> -The Vice-Governor-General,<br /> -(Signed) F. FUCHS.<br /> -</p> - -<h4>Inclosure 8 in No. 3.</h4> - -<p class="c">(See p. 59.)</p> - -<p class="c"><i>Circular of Governor-General Wahis, addressed to the Commissioners of -District and Chiefs of Zones.</i></p> - -<p>La qualité du caoutchouc exporté du Congo est sensiblement inférieure à -ce qu’elle était il y a quelque temps. Cette différence a plusieurs -causes, mais la principale résulte de l’adjonction<span class="pagenum"><a name="page_I_82" id="page_I_82"></a></span> au latex qui devrait -être récolté, d’autres latex de valeur très inférieure ou même des -matières poussiéreuses quelconques.</p> - -<p>Cette cause de perte peut et doit disparaître. Les Commissaires de -District et Chefs de Zone qui ont tous de l’expérience, connaissent les -moyens de fraude que les indigènes cherchent souvent à employer.</p> - -<p>Ils ont à prendre des mesures pour empêcher d’une façon complète ces -tromperies. Il n’est pas douteux que là ou la population se soumet à -l’impôt il ne sera pas impossible de l’amener à fournir un produit pur, -mais il faut pour atteindre ce but une surveillance constante; dès que -l’indigène constatera qu’elle se relâche, il essaiera de diminuer son -travail en prenant du latex de mauvaise qualité, quand il obtient -celui-ci facilement, ou en ajoutant au produit des matières étrangères.</p> - -<p>Chaque fois que ces fraudes sont constatées elles doivent être -réprimées. Les Commissaires de District et Chefs de Zone ont à examiner -fréquemment les produits, afin de faire à temps des observations à leurs -Chefs de Poste, et à ne plus laisser perdurer des situations qui causent -le plus grand préjudice.</p> - -<p>A cette cause de la diminution de la valeur du caoutchouc, il faut -ajouter celle provenant de l’emballage défectueux du produit, qui par -suite voyage souvent pendant plusieurs mois dans les plus mauvaises -conditions. L’on peut dire qu’à cause de cette négligence une notable -partie des efforts qui ont été faits pour obtenir une production en -rapport avec la richesse du pays, doivent être considérés comme perdus, -puisque la valeur du caoutchouc peut diminuer de moitié par suite de ce -manque de soin.</p> - -<p>J’ajouterai que la valeur du caoutchouc, même pur de tout mélange, a -diminué depuis quelque temps sur tous les marchés; il faut donc que les -Chefs Territoriaux fassent non seulement disparaître les deux causes de -pertes qu’ils peuvent éliminer, mais encore qu’ils compensent la -troisième en faisant des efforts continus pour augmenter la production -dans la mesure prescrite par les instructions.</p> - -<p>Mon attention sera d’une façon constante, fixée sur les prescriptions -que je donne ici.</p> - -<p class="r"> -Le Gouverneur-Général,<br /> -(Signé) WAHIS.<br /> -</p> - -<p><i>Boma, le 29 Mars, 1901.</i></p> - -<h4>(Translation.)</h4> - -<p>The quality of the rubber exported from the Congo is sensibly inferior -to what it was some time ago. This difference arises from several -causes, but principally from the addition, to the latex which is fit to -be gathered, of other kinds of latex of very inferior value, or even of -any dust-like matter.</p> - -<p>This cause of loss can and must be removed. The Commissioners of -districts and Chiefs of zones, who all have experience, know the -fraudulent means which the natives often try to employ.</p> - -<p>They must take measures completely to prevent these frauds. It cannot be -doubted that in those parts where the population submits to the tax it -will not be impossible to lead the natives to furnish pure produce; but -in order to effect this, constant supervision is necessary, for as soon -as the native notices that the supervision is becoming lax he will try -to lessen his work by taking latex of a bad quality, if he obtains it -easily, or by adding foreign matter.</p> - -<p>Whenever these frauds are discovered they must be put down. The -Commissioners of districts and Chiefs of zones must examine the produce -at frequent intervals, in order to report in time to their Heads of -stations, and not to permit a condition of affairs which is most -prejudicial.</p> - -<p>To this cause of the decline in the value of rubber must be added that -arising from defective packing of the produce, which thus often travels -during several months under the worst conditions. Much of the effort -which has been taken to obtain produce in keeping with the richness of -the country may be said to be lost through this neglect, for the value -of the rubber may be diminished by half through this want of care.</p> - -<p>I may add that the value of rubber, even when free from all admixture, -has gone down in every market for some time past; territorial Chiefs -must, therefore, not only remove the two causes of loss which they can -eliminate, but they must also try to neutralize the third by making -unceasing efforts to increase production to the extent laid down in the -instructions.</p> - -<p>The orders which I have here given will have my constant attention.</p> - -<p class="r"> -The Governor-General,<br /> -(Signed) WAHIS.<br /> -</p> - -<p><i>Boma, March 29, 1901.</i></p> - -<h3><a name="No_4-I" id="No_4-I"></a>No. 4.<br /><br /> -<small><i>The Marquess of Lansdowne to Sir C. Phipps.</i></small></h3> - -<p class="nind"> -Sir,<br /> -</p> - -<p class="r"> -<i>Foreign Office, February 11, 1904.</i><br /> -</p> - -<p>With reference to Sir C. Phipps’ despatch of the 19th September, 1903, I -transmit to you herewith a Memorandum which has been prepared in reply -to the note respecting the condition of affairs in the Congo addressed -by the Government of<span class="pagenum"><a name="page_I_83" id="page_I_83"></a></span> the Independent State on the 17th September last, -to the Powers parties to the Act of Berlin.</p> - -<p>I request you to communicate this Memorandum to M. de Cuvelier, and in -doing so to call special attention to the inclosed Report by Mr. -Casement, His Majesty’s Consul at Boma, upon his recent visit to certain -districts of the Upper Congo.</p> - -<p class="r"> -I am, &c.<br /> -(Signed) LANSDOWNE.<br /> -</p> - -<h4>Inclosure in No. 4.</h4> - -<p class="c"><i>Memorandum.</i></p> - -<p>His Majesty’s Government have not until now offered any observations -upon the note from M. de Cuvelier of the 17th September last, because -they desired, before doing so, to learn the result of the inquiries -instituted by Mr. Casement, His Majesty’s Consul at Boma, during the -visit which he has recently paid to certain districts of the Upper -Congo.</p> - -<p>Mr. Casement returned to this country at the beginning of last month, -and has since furnished the report of which a copy is annexed to this -Memorandum for communication to the Congo Government. The report will -also be communicated to the Powers parties to the Berlin Act, to whom -the despatch of the 8th August last was addressed, and it will be laid -before Parliament.</p> - -<p>The descriptions given in the report of the manner in which the -administration is carried on and the methods by which the revenue is -collected in the districts visited by Mr. Casement constitute a grave -indictment, and need no comment beyond the statement that, in the -opinion of His Majesty’s Government, they show that the allegations to -which reference is made in the despatch were not without foundation, and -that there is ample ground for the belief that there are, at any rate, -extensive regions in which the pledges given under the Berlin Act have -not been fulfilled.</p> - -<p>M. de Cuvelier’s note dwells at considerable length upon the necessity -of the natives contributing by some form of taxation to the requirements -of the State, and upon the advantage of their being induced to work. The -history of the development of the British Colonies and Protectorates in -Africa shows that His Majesty’s Government have always admitted this -necessity. Defects of administration of the character referred to in M. -de Cuvelier’s note are, no doubt, always liable to occur in dealing with -uncivilized races inhabiting vast areas and differing in manners, in -customs and in all the attributes which are necessary for the -construction of a social system. But whenever difficulties have arisen, -most notably in the case of the Sierra Leone insurrection of which M. de -Cuvelier makes special mention,<a name="FNanchor_24_24" id="FNanchor_24_24"></a><a href="#Footnote_24_24" class="fnanchor">[24]</a> prompt and searching inquiry has -been publicly made, redress of grievances has been granted where due, -and every endeavour has been made to establish such considerate -treatment of the natives as is compatible with the just requirements of -the State.</p> - -<p>The reference to the disturbed state of Nigeria appears to relate to the -campaign undertaken early last year against Kano and Sokoto. The -campaign was not a measure of “military repression” in the sense of -being the suppression of a native rising. It was necessitated by the -hostile action of powerful Mahommedan Chiefs within the Protectorate, -over whom authority had not been previously asserted, who refused to -maintain friendly relations with the Administration, hospitably -entertained the murderer of a British officer and declared that the only -relations between themselves and the Government were those of war. By -the mention of the loss of 700 lives reference is no doubt made to the -action at Burmi on the 27th July last, when about that number of the -enemy were killed, including the ex-Sultan of Sokoto and most of the -Chiefs who had joined him, while on the British side Major Marsh, the -Commanding Officer, and ten men were killed, and three officers and -sixty-nine men were wounded. This decisive and successful action -completely broke up the party of the irreconcilables as well as a -remnant of the Mahdi’s following.</p> - -<p>The military operations which are now in progress in Somaliland have -been forced upon His Majesty’s Government, as is generally known, by the -assumption of power on the part of a fanatical Mullah, and by the -cruelties which he practised upon tribes within the British -Protectorate.<span class="pagenum"><a name="page_I_84" id="page_I_84"></a></span></p> - -<p>In both these cases, measures of military repression have been necessary -to save the territories in question from falling once more under the -complete control of uncivilized or fanatical Rulers, and of thus -relapsing into barbarism. The Congo Government and other Powers -possessing Colonies in Africa have had to meet similar contingencies, -and no blame is attached to them, nor, so far as His Majesty’s -Government are aware, has ever been attached to them, for adopting -measures to protect the cause of civilization.</p> - -<p>After dealing with the treatment of natives, M. de Cuvelier’s note -proceeds to explain the views of the Congo Government with regard to the -system of trade now existing in the State. The opinion of His Majesty’s -Government has been set forth; they hold that the matter is one which -could properly be the subject of a reference to the Tribunal at The -Hague, but they are still awaiting an answer on this point from the -Powers to whom the despatch of the 8th August was addressed.</p> - -<p>Memoranda will be forwarded separately giving examples of injuries -suffered by British subjects which have been the cause of complaint. -These Memoranda have been prepared in order to confirm the statement, -upon which M. de Cuvelier throws doubt, that the time of His Majesty’s -Consul had been principally occupied in the investigation of such cases.</p> - -<p><i>Foreign Office, February 11, 1904.</i></p> - -<h3><a name="No_5-I" id="No_5-I"></a>No. 5.</h3> - -<div class="blockquot"><p><i>The Marquess of Lansdowne to His Majesty’s Representatives at -Paris, Berlin, Vienna, St. Petersburgh, Rome, Madrid, -Constantinople, Brussels, The Hague, Copenhagen, Stockholm, and -Lisbon.</i></p></div> - -<p class="nind"> -Sir,<br /> -</p> - -<p class="r"> -<i>Foreign Office, February 12, 1904.</i><br /> -</p> - -<p>I transmit to you, for communication to the Government to which you are -accredited, a collection of papers, as marked in the margin,<a name="FNanchor_25_25" id="FNanchor_25_25"></a><a href="#Footnote_25_25" class="fnanchor">[25]</a> which -relate to the present condition of affairs in the Independent State of -the Congo.</p> - -<p>In handing these documents to the Minister for Foreign Affairs I request -that you will call special attention to the Report by Mr. Casement, His -Majesty’s Consul at Boma, upon his recent visit to certain districts of -the Upper Congo, and that you will at the same time inquire when an -answer may be expected to my despatch of the 8th August last.</p> - -<p class="r"> -I am, &c.<br /> -(Signed) LANSDOWNE.<br /> -</p> - -<h2> -<span class="smcap">Correspondence</span> and Report from His Majesty’s<br /> -Consul at Boma respecting the Administration of<br /> -the Independent State of the Congo.</h2> - -<hr class="full" /> -<p class="c"><i>Presented to both Houses of Parliament by Command of His Majesty.</i><br /> -<i>February 1904.</i></p> - -<hr class="full" /> - -<p class="c"><small>LONDON:<br /> -PRINTED BY HARRISON AND SONS.</small><br /> -</p> - -<hr /> - -<p class="c"> -AFRICA. No. 7 (1904).<br /> -<br /> -FURTHER CORRESPONDENCE<br /> -<br /> -RESPECTING THE<br /> -<br /> -ADMINISTRATION<br /> -<br /> -OF THE<br /> -<br /> -INDEPENDENT STATE OF THE CONGO.<br /> -<br /> -[In continuation of “Africa No. 1 (1904)”.]</p> - -<hr class="full" /> -<p class="c"><i>Presented to both Houses of Parliament by Command of His Majesty.</i><br /> -<i>February 1904.</i></p> - -<hr class="full" /> - -<p class="c"><small>LONDON:<br /> -<br /> -PRINTED FOR HIS MAJESTY’S STATIONERY OFFICE,<br /> -BY HARRISON AND SONS, ST. MARTIN’S LANE,<br /> -PRINTERS IN ORDINARY TO HIS MAJESTY.<br /> -———<br /> -And to be purchased either directly or through any Bookseller, from<br /> - -<span class="smcap">EYRE & SPOTTISWOODE, East Harding Street, Fleet Street, E.C.,<br /> -and 32, Abingdon Street, Westminster, S.W.</span><br /> - -<span class="smcap">or OLIVER & BOYD, Edinburgh</span>;<br /> - -<span class="smcap">or E. PONSONBY, 116, Grafton Street, Dublin</span>.</small></p> - -<p>[Cd. 2097.] <i>Price</i> 7<i>d.</i></p> - -<h2><a name="TABLE_OF_CONTENTS_II" id="TABLE_OF_CONTENTS_II"></a>TABLE OF CONTENTS.</h2> - -<table border="1" cellpadding="1" cellspacing="0" summary=""> - -<tr valign="top"><td>No.</td> -<td>Name.</td> -<td>Date.</td> -<td>Subject.</td> -<td>Page.</td></tr> - -<tr valign="top"><td><a href="#No_1-II">1</a></td> -<td>Sir C. Phipps</td> - -<td>Mar. 13, 1904</td> - -<td>Transmits Notes prepared by -Congo Government as a -preliminary reply to Mr. -Casement’s Report</td> - -<td align="right" valign="bottom">1</td></tr> - -<tr valign="top"><td><a href="#No_2-II">2</a></td> - -<td>To Sir C. Phipps</td> - -<td>April 19,</td> - -<td>Observations upon the “Notes” -of Congo Government. -Satisfaction of His Majesty’s -Government at learning that -inquiry will be made into the -allegations against -administration of Free State</td> - -<td align="right" valign="bottom">40</td></tr> - -<tr valign="top"><td><a href="#No_3-II">3</a></td> - -<td>Mr. Nightingale</td> - -<td>April 7,</td> - -<td>Cases of Caudron and Silvanus -Jones. Transmits Judgment in -Appeal</td> - -<td align="right" valign="bottom">42</td></tr> - -<tr valign="top"><td><a href="#No_4-II">4</a></td> - -<td>Sir C. Phipps</td> - -<td>May 14,</td> - -<td>Transmits Memorandum drawn up -at Congo Ministry in reply to -No. 2</td> - -<td align="right" valign="bottom">58</td></tr> - -<tr valign="top"><td><a href="#No_5-II">5</a></td> - -<td>To Sir C. Phipps</td> - -<td>June 6,</td> - -<td>Memorandum on further points -calling for observation in -“Notes” of Congo Government, -and reply to M. de Cuvelier’s -Memorandum of May 14 </td> - -<td align="right" valign="bottom">60</td></tr> -</table> - -<p><span class="pagenum"><a name="page_II_1" id="page_II_1"></a></span></p> - -<h2><a name="Further_Correspondence_respecting_the_Administration_of_the_Independent" id="Further_Correspondence_respecting_the_Administration_of_the_Independent"></a>Further Correspondence respecting the Administration of the Independent -State of the Congo.</h2> - -<p>[In continuation of “Africa No. 1 (1904)”.]</p> - -<h3><a name="No_1-II" id="No_1-II"></a>No. 1.<br /><br /> -<small><i>Sir C. Phipps to the Marquess of Lansdowne.—(Received March 14).</i></small></h3> - -<p class="nind">My Lord,</p> - -<p class="r"> -<i>Brussels, March 13, 1904.</i><br /> -</p> - -<p>I HAVE the honour to inclose the rejoinder on the part of the Congo -Government to the Report of His Majesty’s Consul at Boma on the -condition of the Congo.</p> - -<p>In handing these “Notes” to me this afternoon M. de Cuvelier was -instructed to call my attention to the passage where his Government -expresses a desire to be placed in possession of the full Report, -including names, dates, and places referred to. The “Notes” will be -communicated to-morrow to the Representatives of the other Powers.</p> - -<p class="r"> -I have, &c.<br /> -(Signed) CONSTANTINE PHIPPS.<br /> -</p> - -<h4>Inclosure in No. 1.</h4> - -<p class="c"><i>Notes on the Report of Mr. Casement, Consul of His Britannic Majesty, -of the 11th December, 1903.</i></p> - -<p>A LA séance de la Chambre des Communes du 11 Mars, 1903, Lord Cranborne -avait dit:—</p> - -<div class="blockquot"><p>“We have no reason to think that slavery is recognized by the -authorities of the Congo Free State, but reports of acts of cruelty -and oppression have reached us. Such reports have been received -from our Consular officers.”</p></div> - -<p>Le Gouvernement de l’État du Congo demanda, par lettre du 14 Mars, 1903, -à son Excellence Sir C. Phipps, de bien vouloir lui communiquer les -faits qui avaient été l’objet de rapports de la part des Consuls -Britanniques.</p> - -<p>Cette demande ne reçut pas de suite.</p> - -<p>La dépêche de Lord Lansdowne du 8 Août, 1903, portait:—</p> - -<div class="blockquot"><p>“Representations to this effect (alleged cases of ill-treatment of -natives and existence of trade monopolies) are to be found ... in -despatches from His Majesty’s Consuls.”</p></div> - -<p>L’impression était ainsi créée qu’à cette date le Gouvernement de Sa -Majesté se trouvait en possession de renseignements Consulaires -concluants: la nécessité d’un voyage de M. le Consul Casement dans le -Haut-Congo n’en a pas moins paru évidente. La réflexion s’ensuit que les -conclusions de la note du 8 Août étaient au moins prématurées; il s’en -déduit également que, contrairement à l’appréciation de cette note, il a -été loisible au Consul Britannique d’entreprendre dans les régions -intérieures tel voyage qui lui convenait. Il est à noter en tout cas que -le “White Paper” (Africa, No. 1, 1904), qui vient d’être présenté au -Parlement, ne contient pas, nonobstant le désir qu’en a réitéré l’État -du Congo, ces rapports Consulaires antérieurs, qui, cependant, offraient -d’autant plus d’intérêt qu’ils dataient d’un temps où la campagne -présente n’était pas née.</p> - -<p>Le Rapport actuel signale qu’en certains points visités par le Consul, -la population se trouve en décroissance. M. Casement n’indique pas les -bases de ses recensements comparatifs en 1887 et en 1903. Il est à se -demander comment pour cette dernière<span class="pagenum"><a name="page_II_2" id="page_II_2"></a></span> année le Consul a pu établir ses -chiffres au cours de visites rapides et hâtives. Sur quels éléments -certains s’appuye-t-il, par exemple, pour dire que la population des -localités riveraines du Lac Mantumba <i>semble</i> avoir diminué dans les dix -dernières années de 60 à 70 pour cent? En un point désigné F*, il -déclare que l’ensemble des villages ne compte pas aujourd’hui plus ne -500 âmes; quelques lignes plus loin, ces mêmes villages ne comportent -plus que 240 habitants en tout. Ce ne sont là que des détails, mais ils -caractérisent immédiatement le défaut de précision de certaines -appréciations du Consul. Au reste, il n’est malheureusement que trop -exact que la diminution de la population a été constatée; elle est due à -d’autres causes qu’à un régime excessif ou oppressif exercé par -l’Administration sur les populations indigènes. C’est en premier lieu la -maladie du sommeil, qui décime partout les populations en Afrique -équatoriale. Le Rapport remarque lui-même que: “a prominent place must -be assigned to this malady,”<a name="FNanchor_26_26" id="FNanchor_26_26"></a><a href="#Footnote_26_26" class="fnanchor">[26]</a> et que cette maladie est “probably one -of the principal factors,” de la diminution de la population.<a name="FNanchor_27_27" id="FNanchor_27_27"></a><a href="#Footnote_27_27" class="fnanchor">[27]</a> Il -suffit de lire la lettre du Révérend John Whitehead (Annexe II du -Rapport), citée par le Consul, pour se rendre compte des ravages de la -maladie, à laquelle ce missionnaire attribue la moitié des décès dans la -région riveraine du district. Dans une interview récente, Mgr. Van -Ronslé, Vicaire Apostolique du Congo Belge, avec l’autorité qui -s’attache à une grande expérience des choses d’Afrique et à des séjours -prolongés en de multiples résidences au Congo, a montré l’évolution du -fléau, le dépérissement fatal des populations qui en sont frappées, -quelles que soient d’ailleurs les conditions de leur état social, citant -entre autres les pertes effrayantes de vies dues à ce mal dans l’Uganda. -Que si l’on ajoute à cette cause fondamentale de la dépopulation au -Congo, les épidémies de petite vérole, l’impossibilité actuelle pour les -tribus de maintenir leur chiffre par des achats d’esclaves, la facilité -de déplacement des indigènes, il s’explique que le Consul et les -missionnaires aient relevé la diminution du nombre d’habitants de -certaines agglomérations, sans que nécessairement ce soit le résultat -d’un système d’oppression. L’Annexe No. I reproduit les déclarations sur -ce point de Mgr. Van Ronslé. Ce qu’il dit des conséquences, sur le -chiffre numérique de la population, de la suppression de l’esclavage, se -trouve reproduit ailleurs:—</p> - -<div class="blockquot"><p>“The people (slave) are for the most part originally prisoners of -war. Since the Decree of Emancipation they have simply returned to -their own distant homes, knowing their owners have no power to -recapture them. This is one reason why some think the population is -decreasing, and another is the vast exodus up and down -river.”<a name="FNanchor_28_28" id="FNanchor_28_28"></a><a href="#Footnote_28_28" class="fnanchor">[28]</a>—“So long as the Slave Trade flourished, the Bobangi -flourished, but with its abolition they are tending to disappear, -for their towns were replenished by slaves.”<a name="FNanchor_29_29" id="FNanchor_29_29"></a><a href="#Footnote_29_29" class="fnanchor">[29]</a></p></div> - -<p>Le Consul cite des cas, dont du reste les raisons lui sont inconnues, -d’exode d’indigènes du Congo sur la rive Française. On ne voit pas à -quel titre il en ferait grief à l’État, si l’on en juge d’après les -motifs qui ont déterminé certains d’entre eux, à preuve les exemples de -ces émigrations, donnés et expliqués par un missionnaire Anglais, le -Révérend Père W. H. Bentley. L’un est relatif à la station de -Lukolela:—</p> - -<div class="blockquot"><p>“The main difficulty has been the shifting of the population. It -appears that the population, when the station was founded in 1865, -was between 5,000 and 6,000 in the riverine Colonies. About two -years later, the Chief, Mpuki, did not agree with his neighbours or -they with him. When the tension became acute, Mpuki crossed over -with his people to the opposite (French) side of the river. This -exodus took away a large number of people. In 1890 or 1891, a Chief -from one of the lower towns was compelled by the majority of his -people to leave the State side, and several went with him. About -1893, the rest of the people at the lower towns either went across -to the same place as the deposed Chief, or took up their residence -inland. Towards the end of 1894, a soldier who had been sent to cut -firewood for the State steamers on an island off the towns, left -his work to make an evil request in one of the towns. He shot the -man who refused him. The rascal of a soldier was properly dealt -with by the State officer in charge; but this outrage combined, -with other smaller difficulties, to produce a panic, and nearly all -the people left for the French side, or hid away inland. So the -fine township has broken up.”<a name="FNanchor_30_30" id="FNanchor_30_30"></a><a href="#Footnote_30_30" class="fnanchor">[30]</a></p></div> - -<p>L’autre cas a trait à la station de Bolobo:—</p> - -<div class="blockquot"><p>“It is rare indeed for Bolobo, with its 30,000 or 40,000 people, -divided into some dozen clans, to be at peace for any length of -time together. The loss of life from these petty wars, the number<span class="pagenum"><a name="page_II_3" id="page_II_3"></a></span> -of those killed for witchcraft, and of those who are buried alive -with the dead, involve, even within our narrow limits here at -Bolobo, an almost daily drain upon the vitality of the country, and -an incalculable amount of sorrow and suffering.... The Government -was not indifferent to these murderous ways.... In 1890 the -District Commissioner called the people together, and warned them -against the burying of slaves alive in the graves of free people, -and the reckless killing of slaves which then obtained. The natives -did not like the rising power of the State.... Our own settlement -among them was not unattended with difficulty.... There was a -feeling against white men generally, and especially so against the -State. The people became insolent and haughty.... Just at this time -... as a force of soldiers steamed past the Moye towns, the -steamers were fired upon. The soldiers landed, and burnt and looted -the towns. The natives ran away into the grass, and great numbers -crossed to the French side of the river. They awoke to the fact -that Bula Matadi, the State, was not the helpless thing they had so -long thought. This happened early in 1891.”<a name="FNanchor_31_31" id="FNanchor_31_31"></a><a href="#Footnote_31_31" class="fnanchor">[31]</a></p></div> - -<p>Ces exemples donnent, comme on le voit, à l’émigration des indigènes, -des causes n’ayant aucun rapport avec—</p> - -<div class="blockquot"><p>The methods employed to obtain labour from them by local officials -and the exactions levied on them.<a name="FNanchor_32_32" id="FNanchor_32_32"></a><a href="#Footnote_32_32" class="fnanchor">[32]</a></p></div> - -<p>Le Rapport s’étend longuement sur l’existence des impôts indigènes. Il -constate que les indigènes sont astreints à des prestations de travail -de diverses sortes, ici sous forme de fournitures de “chikwangues” ou de -vivres frais pour les postes Gouvernementaux, là sous forme de -participation à des travaux d’utilité publique, tels que la construction -d’une jetée à Bololo, ou l’entretien de la ligne télégraphique à F——; -ailleurs sous la forme de la récolte des produits domaniaux. Nous -maintenons la légitimité de ces impôts sur les populations natives, -d’accord en cela avec le Gouvernement de Sa Majesté, qui, dans le -Mémorandum du 11 Février, 1904, déclare que l’industrie et le -développement des Colonies et Protectorats Britanniques en Afrique -montrent que le Gouvernement de Sa Majesté a toujours admis la nécessité -de faire contribuer les natifs aux charges publiques et de les amener au -travail. Nous sommes d’accord également avec le Gouvernement de Sa -Majesté que si en cette matière des abus se commettent, comme, il est -vrai, il s’en est produit en toutes Colonies, ces abus appellent des -réformes, et qu’il est du devoir de l’autorité supérieure d’y mettre fin -et de concilier, dans une juste mesure, les nécessités Gouvernementales -avec les intérêts bien entendus des indigènes.</p> - -<p>Mais l’État du Congo entend à cet égard se mouvoir librement dans -l’exercice de sa souveraineté—comme, par exemple, le Gouvernement -Britannique explique dans son dernier Mémorandum l’avoir fait à -Sierra-Leone—en dehors de toute pression extérieure on de toute -ingérence étrangère, qui seraient attentatoires à ses droits essentiels.</p> - -<p>Le Rapport du Consul vise manifestement à créer l’impression que la -perception de l’impôt, au Congo, est violente, inhumaine et couelle, et -nous voulons, avant tout, rencontrer l’accusation si souvent dirigée -contre l’État, que cette perception donnerait lieu à d’odieux actes de -mutilation. A cet égard, la lecture superficielle du Rapport est de -nature à impressionner, par l’accumulation complaisante, non pas de -faits nets, précis, vérifiés, mais de déclarations et d’affirmations des -indigènes.</p> - -<p>Une remarque préliminaire s’impose sur les conditions dans lesquelles le -voyage du Consul s’est effectué.</p> - -<p>Qu’il l’ait voulu ou non, M. le Consul Britannique a apparu aux -populations comme le redresseur des griefs, réels ou imaginaires, des -indigènes, et sa présence à La Lulonga, coïncidant avec la campagne -menée contre l’État du Congo, en une région où s’exerce depuis longtemps -l’influence des missionnaires Protestants, devait fatalement avoir pour -les indigènes une signification qui ne leur à pas échappé. C’est en -dehors des agents de l’État, en dehors de toute action ou de tout -concours de l’autorité régulière que le Consul a fait ses -investigations; c’est assisté par des missionnaires Protestants Anglais -qu’il a procédé; c’est sur un vapeur d’une Mission Protestante qu’il a -fait son inspection; c’est dans les Missions Protestantes qu’il a -généralement reçu l’hospitalité; dans ces conditions, il a dû -inévitablement être considéré par l’indigène comme l’antagoniste de -l’autorité établie.</p> - -<p>Nous n’en voulons d’autre preuve que le fait caractéristique -d’indigènes, pendant le séjour du Consul à Bonginda, s’attroupant à la -rive, au passage en pirogue d’agents de la Société “La Lulonga” et -s’écriant:—</p> - -<div class="blockquot"><p>“Votre violence est finie, elle s’en va; les Anglais seuls restent; -mourez vous autres!”</p></div> - -<p>Et cet aveu significatif d’un missionnaire Protestant qui, à propos de -ce fait, explique:—</p> - -<div class="blockquot"><p>“The Consul was here at the time, and the people were much excited, -and evidently thought themselves on top.... The people have got -this idea (that the rubber work was finished) into their heads of -themselves, consequent, I suppose, upon the Consul’s visit.”</p></div> - -<p>Dans ces circonstances, en raison de l’état d’esprit qu’elles révèlent -chez les indigènes, en raison de leur caractère impressionnable et de -leur désir naturel de se soustraire à la charge de l’impôt, il n’était -pas douteux que les conclusions auxquelles arriverait le Consul ne -seraient pas autres que celles de son Rapport.</p> - -<p>Il suffira, pour mettre ce point en évidence et pour caractériser le -manque de valeur de ses investigations, de s’arrêter à un seul cas, -celui sur lequel s’est porté tout l’effort de Mr. Casement, nous voulons -parler de l’affaire Epondo. C’est celle de l’enfant II dont le Rapport -parle aux pages 56, 58, et 78.</p> - -<p>Il est indispensable d’entrer un peu longuement dans les détails de -cette affaire, qui sont significatifs.</p> - -<p>Le Consul se trouvait, à la date du 4 Septembre, 1903, à la Mission de -la “Congo Bololo Mission,” à Bonginda, de retour d’un voyage dans la -Rivière Lopori, au cours duquel il n’avait constaté aucun de ces actes -de mutilation qu’il est d’usage de mettre à la charge des agents au -Congo.</p> - -<p>A Bonginda, des indigènes d’un village voisin (Bossunguma) viennent le -trouver et lui signalent entre autres qu’une “sentinelle” de la -Compagnie “La Lulonga,” nommée Kelengo, avait, à Bossunguma, coupé la -main d’un indigène du nom d’Epondo, dont les blessures étaient à peine -guéries. Le Consul se transporte à Bossunguma; il est accompagné des -deux Révérends W. D. Armstrong et D. J. Danielson et se fait présenter -l’indigène estropié, lequel, “en réponse à la question du Consul, accuse -de ce méfait une sentinelle nommée Kelengo (placée dans cet endroit par -l’agent local de la Société ‘La Lulonga’ pour vérifier si les indigènes -récoltaient du caoutchouc).” Ce sont les termes du Consul: il s’agissait -en effet d’établir un rapport de cause à effet entre la récolte du -caoutchouc et ce cas prétendu de cruauté.</p> - -<p>Le Consul procède à l’interrogatoire du Chef et de quelques indigènes du -village. Ils répondent en accusant Kelengo; la plupart déclarent avoir -été témoins oculaires du fait. Le Consul fait demander par ses -interprètes s’il se trouve là d’autres témoins qui ont vu le crime et en -accusent Kelengo: “presque tous les individus présents, au nombre -environ de quarante, s’écrient d’une seule voix que c’est Kelengo le -coupable.”</p> - -<p>Il faut lire toute cette enquête telle qu’elle a été libellée par le -Consul lui-même, en des sortes de procès-verbaux des 7, 8, et 9 -Septembre (Annexe 2), pour se rendre compte de l’acharnement avec lequel -les indigènes accablent Kelengo, et des dénégations de l’accusé se -heurtant à l’unanimité de tous ceux qui le chargent. De partout -surgissent les dénonciateurs et de la foule surexcitée jaillissent les -accusations les plus diverses: il a coupé la main d’Epondo, enchaîné des -femmes, volé des canards et un chien! L’attention du Consul ne veut pas -s’éveiller en présence du caractère passionné des dépositions; sans -autre garantie de leur sincérité, sans autre contrôle de leur véracité, -il considère son enquête comme concluante, et, de même qu’il s’était -substitué au Parquet pour l’instruction de l’affaire, de même il préjuge -la décision de l’autorité compétente en déclarant à la population -assemblée que “Kelengo deserved severe punishment for his illegal and -cruel acts.” Dramatisant l’incident, il emmène avec lui la prétendue -victime, l’exhibe le 10 Septembre devant le Chef de Poste de -Coquilhatville, auquel il remet la copie de son enquête, et le 12 -Septembre, il adresse au Gouverneur-Général une lettre qu’il qualifie de -“personal and private,” dans laquelle il prend texte entre autres de -l’incident pour accuser “the system of general exploitation of an entire -population which can only be rendered successful by the employment of -arbitrary and illegal force.” Cette enquête terminée, il reprenait -aussitôt la route du Bas-Congo.</p> - -<p>Les circonstances de fait eussent-elles été exactes, encore serait-on -frappé de la disproportion des conclusions que le Consul en déduit, en -généralisant avec emphase son système de critiques contre l’État du -Congo. Mais le fait même, tel qu’il l’a présenté, est inexact.</p> - -<p>En effet, dès la dénonciation du Consul connue du Parquet, celui-ci se -rendit sur les lieux en la personne du Substitut du Procureur d’État, M. -Gennaro Bosco, et procéda à une enquête judiciaire dans les conditions -normales en dehors de toute influence étrangère. Cette enquête démontra -que M. le Consul de Sa Majesté Britannique avait été l’objet d’une -machination ourdie par les indigènes, qui, dans l’espoir de n’avoir<span class="pagenum"><a name="page_II_5" id="page_II_5"></a></span> -plus à travailler, avaient comploté de représenter Epondo comme la -victime de procédés inhumains d’un capita d’une Société commerciale. En -réalité, Epondo avait été victime d’un accident de chasse et mordu à la -main par un sanglier; la blessure s’était gangrenée et avait occasionné -la perte du membre, ce qui avait été habilement exploité par les -indigènes vis-à-vis du Consul. Nous joignons (Annexe 3) les extraits de -l’enquête faite par le Substitut relatifs à cette affaire Epondo. Les -dépositions sont typiques, uniformes et concordantes. Elles ne laissent -aucun doute sur la cause de l’accident, attestent que les indigènes ont -menti au Consul, et révèlent le mobile auquel ils ont obéi, dans -l’espoir que l’intervention du Consul les déchargerait de l’obligation -de l’impôt. L’enquête montre Epondo, enfin acculé, rétractant ses -premières affirmations au Consul, et avouant avoir été influencé par les -gens de son village. Il est interrogé:—</p> - -<div class="blockquot"><p>“<i>D.</i> Persistez-vous à accuser Kelengo de vous avoir coupé la main -gauche?</p> - -<p>“<i>R.</i> Non; j’ai menti.</p> - -<p>“<i>D.</i> Racontez alors comment et quand vous avez perdu la main.</p> - -<p>“<i>R.</i> J’étais esclave de Monkekola, à Malele, dans le district des -Bangala. Un jour, j’allai avec lui à la chasse au sanglier. Il en -blessa un avec une lance, et alors la bête, devenue furieuse, -m’attaqua. Je tâchai de me sauver avec la suite, mais je tombai; le -sanglier fut bientôt sur moi, m’arrachant la main gauche, au ventre -et à la hanche gauche. Le comparant montre les cicatrices aux -endroits désignés, et spontanément se met par terre pour faire voir -dans quelle position il se trouvait lorsqu’il fut attaqué et blessé -par le sanglier.</p> - -<p>“<i>D.</i> Depuis combien de temps cet accident vous est-il arrivé?</p> - -<p>“<i>R.</i> Je ne me rappelle pas. C’est depuis longtemps.</p> - -<p>“<i>D.</i> Pourquoi alors aviez-vous accusé Kalengo?</p> - -<p>“<i>R.</i> Parce que Momaketa, un des Chefs de Bossunguma, me l’a dit, -et après tous les habitants de mon village me l’ont répété.</p> - -<p class="c">* * * * * * * * </p> - -<p>“<i>D.</i> Les Anglais vous ont-ils photographié?</p> - -<p>“<i>R.</i> Oui, à Bonginda et à Lulanga. Ils m’ont dit de mettre bien en -évidence le moignon. Il y avait Nenele, Mongongolo, Torongo, et -autres blancs, dont je ne connais pas les noms. Ils étaient les -blancs de Lulanga. Mongongolo a porté avec lui six -photographies.”<a name="FNanchor_33_33" id="FNanchor_33_33"></a><a href="#Footnote_33_33" class="fnanchor">[33]</a></p></div> - -<p>Epondo a réitéré ses déclarations et rétractations spontanément à un -missionnaire Protestant, M. Faris, résidant à Bolengi. Ce Révérend a -remis au Commissaire-Général de Coquilhatville la déclaration écrite -suivante:—</p> - -<div class="blockquot"><p>“Je soussigné E.-E. Faris, missionnaire, résidant à Bolengi, -Haut-Congo, déclare que j’ai interrogé l’enfant Epondo, du village -de Bosongoma, qui a été chez moi le 10 Septembre, 1903, avec Mr. -Casement, le Consul d’Angleterre, et que j’ai mené à la Mission de -Bolengi, le 16 Octobre, 1903, selon la requête de M. le Commandant -Stevens, de Coquilhatville, et que le dit enfant m’a dit -aujourd’hui, le 17 Octobre, 1903, qu’il a perdu sa main par la -morsure d’an sanglier.</p> - -<p>“Il m’a dit également qu’il a informé Mr. Casement que sa main a -été coupé par un soldat, ou bien d’un des travailleurs de blancs, -qui ont fait la guerre dans son village pour faire apporter le -caoutchouc, mais il affirme que cette dernière histoire qu’il m’a -dite aujourd’hui est la vérité.</p> - -<p class="r"> -“<span class="smcap">E.-E. Faris.</span><br /> -</p> - -<p>“A Bolengi, le 17 Octobre, 1903.”</p></div> - -<p>L’enquête aboutit à une ordonnance de non-lieu ainsi motivée en ce qui -concerne le cas Epondo:—</p> - -<div class="blockquot"><p>“Nous, Substitut du Procureur d’État près le Tribunal de -Coquilhatville;</p> - -<p>“Vu les notes rédigées par le Consul de Sa Majesté Britannique, à -l’occasion de sa visite aux villages d’Ikandja et Bossunguma, dans -la région des Ngombe, d’où résulte que le nommé Kelengo, garde -forestier au service de la Société ‘La Lulonga,’ aurait—</p> - -<p>“(<i>a.</i>) Coupé ..., la main gauche au nommé Epondo.</p> - -<p>“(<i>b.</i>)....</p> - -<p>“(<i>c.</i>)....</p> - -<p>“Vu l’enquête faite par M. le Lieutenant Braeckman, confirmant en -partie l’enquête faite par le Consul de Sa Majesté Britannique, -mais le contredisant en partie, et ajoutant aux accusations -précédemment faites à Kelengo, celle d’avoir tué un indigène nommé -Baluwa;</p> - -<p>“Vu les conclusions posées par cet officier de police judiciaire -tendant à faire naître des soupçons assez graves sur la vérité de -toutes ces accusations;</p> - -<p>“Attendu que tous les indigènes qui ont accusé Kelengo, soit au -Consul de Sa Majesté Britannique, soit au Lieutenant Braeckman, -convoqués par nous, Substitut, ont pris la fuite, et tout les -efforts faits pour les retrouver n’ont abouti à aucun résultat; que -cette fuite discrédite évidemment leurs affirmations;</p> - -<p>“Que tous les témoins interrogés dans notre enquête attestent ... -qu’Epondo a perdu la main gauche parce qu’un sanglier la lui a -arrachée ...;</p> - -<p>“Qu’Epondo confirme ces attestations, avouant qu’il a menti par -suggestion des indigènes de<span class="pagenum"><a name="page_II_6" id="page_II_6"></a></span> Bossunguma et Ikondja, qui espéraient -de se soustraire à la récolte du caoutchouc moyennant -l’intervention du Consul de Sa Majesté Britannique, qu’ils -jugeaient très puissant;</p> - -<p>“Que les témoins, presque tous indigènes des villages accusateurs, -confirment que tel fut le but de leur mensonge;</p> - -<p>“Que cette version, indépendamment de l’unanimité des affirmations -des témoins et des parties lésées, se présente aussi comme la plus -plausible, parce que personne n’ignore, soit la répugnance des -indigènes pour le travail en général et la récolte du caoutchouc, -soit leur facilité à mentir et à porter de fausses accusations;</p> - -<p>“Qu’elle est confirmée par l’opinion, nettement formulée, du -missionnaire Anglais Armstrong, qui retient les indigènes ‘capables -de tout complot pour éviter de travailler, et surtout de faire le -caoutchouc’;</p> - -<p>“Que l’innocence de Kelengo étant complètement prouvée, il n’y a -pas lieu à le poursuivre;</p> - -<div class="blockquot"><p>“Par ces motifs:</p></div> - -<p>“Nous, Substitut, déclarons non-lieu à poursuivre le nommé Kelengo, -garde forestier au service de la Société ‘La Lulonga,’ pour les crimes -prévus par les Articles 2, 5, 11, 19 du Code Pénal.</p> - -<p class="r"> -Le Substitut,<br /> -(Signé) <span class="smcap">Bosco</span>.<br /> -</p> - -<p>“Mampoko, le 9 Octobre, 1903.”</p></div> - -<p>Si nous avons insisté sur les détails de cette affaire, c’est qu’elle -est considérée par le Consul lui-même comme d’une importance capitale et -qu’il se base sur ce seul cas pour conclure à l’exactitude de toutes les -autres déclarations d’indigènes qu’il a recueillies.</p> - -<div class="blockquot"><p>“Dans le seul cas sur lequel j’ai pu enquêter personnellement, -dit-il<a name="FNanchor_34_34" id="FNanchor_34_34"></a><a href="#Footnote_34_34" class="fnanchor">[34]</a>—celui de l’enfant II—j’ai trouvé cette accusation -établie sur les lieux, sans apparemment une ombre de doute quant à -la culpabilité de la sentinelle accusée.”</p></div> - -<p>Et plus loin:—</p> - -<div class="blockquot"><p>“Dans le village de R*, j’ai eu seulement le temps de faire enquête -sur l’accusation faite par II.”<a name="FNanchor_35_35" id="FNanchor_35_35"></a><a href="#Footnote_35_35" class="fnanchor">[35]</a></p></div> - -<p>Et ailleurs:—</p> - -<div class="blockquot"><p>“Il était évidemment impossible que je puisse ... vérifier sur -place, comme dans le cas de l’enfant, les déclarations que me -firent les indigènes. Dans ce seul cas, la vérité des accusations -fut amplement démontrée.”<a name="FNanchor_36_36" id="FNanchor_36_36"></a><a href="#Footnote_36_36" class="fnanchor">[36]</a></p></div> - -<p>C’est aussi à propos de cette affaire que, dans sa lettre du 12 -Septembre, 1903, au Gouverneur-Général, il disait:—</p> - -<div class="blockquot"><p>“When speaking to M. le Commandant Stevens at Coquilhatville on the -10th instant, <i>when the mutilated boy Epondo stood before us as -evidence of the deplorable state of affairs</i> I reprobated, I said: -‘I do not accuse an individual, I accuse a system.’ ”</p></div> - -<p>La réflexion s’impose que si les autres informations du Rapport du -Consul ont toutes la même valeur que celles qui lui ont été fournies -dans cette seule espèce, elles ne peuvent, à aucun degré, être -considérées comme probantes. Et il saute aux yeux que dans les autres -cas où le Consul, de sa propre déclaration, ne s’est livré à aucune -vérification des affirmations des indigènes, ces affirmations ont moins -de poids encore, si possible.</p> - -<p>Il faut reconnaître, sans doute, que le Consul s’exposait délibérément à -d’inévitables mécomptes, de par sa manière d’interroger les -indigènes,—ce qu’il faisait, en effet, à l’aide de deux interprètes: -“par l’intermédiaire de Vinda, parlant en Bobangi, et de Bateko, -répétant ses paroles dans le dialecte local,”<a name="FNanchor_37_37" id="FNanchor_37_37"></a><a href="#Footnote_37_37" class="fnanchor">[37]</a> de sorte que le Consul -était à la merci non seulement de la sincérité de l’indigène interrogé, -mais encore de la fidélité de traduction de deux autres indigènes, dont -l’un, d’ailleurs, était un de ses serviteurs, et dont l’autre, -semble-t-il, était l’interprète des missionnaires.<a name="FNanchor_38_38" id="FNanchor_38_38"></a><a href="#Footnote_38_38" class="fnanchor">[38]</a> Quiconque s’est -trouvé en contact avec l’indigène sait cependant son habitude du -mensonge: le Révérend C. H. Harvey constatait:<a name="FNanchor_39_39" id="FNanchor_39_39"></a><a href="#Footnote_39_39" class="fnanchor">[39]</a>—</p> - -<p>“Les natifs du Congo qui nous entouraient étaient méprisables, perfides, -et cruels, impudemment menteurs, malhonnêtes et vils.”<span class="pagenum"><a name="page_II_7" id="page_II_7"></a></span></p> - -<p>Et le fait n’est pas non plus sans importance,—si l’on veut exactement -se rendre compte de la valeur des témoignages,—de la présence aux côtés -de Mr. Casement, qui interrogeait les indigènes, de deux missionnaires -Protestants Anglais de la région, présence qui, à elle seule, a dû -nécessairement orienter les dépositions.<a name="FNanchor_40_40" id="FNanchor_40_40"></a><a href="#Footnote_40_40" class="fnanchor">[40]</a></p> - -<p>Nous dépasserions nous-mêmes la mesure si, de ce qui précède, nous -concluions au rejet en bloc de toutes les informations indigènes -enregistrées par le Consul. Mais il en ressort à l’évidence qu’une telle -documentation est insuffisante pour asseoir un jugement fondé, et que -ces informations obligent à une vérification minutieuse et impartiale.</p> - -<p>Que si l’on dégage du volumineux Rapport du Consul, les autres cas qu’il -<i>a vus</i> et qu’il enregistre comme des cas de mutilation, on constate -qu’il en cite deux comme s’étant produits au Lac Matumba<a name="FNanchor_41_41" id="FNanchor_41_41"></a><a href="#Footnote_41_41" class="fnanchor">[41]</a> “il y a -plusieurs années.”<a name="FNanchor_42_42" id="FNanchor_42_42"></a><a href="#Footnote_42_42" class="fnanchor">[42]</a> Il en cite quelques autres—sur le nombre -desquels les renseignements du Rapport ne semblent pas être -concordants<a name="FNanchor_43_43" id="FNanchor_43_43"></a><a href="#Footnote_43_43" class="fnanchor">[43]</a>—qu’il renseigne comme ayant été commis dans les -environs de Bonginda,<a name="FNanchor_44_44" id="FNanchor_44_44"></a><a href="#Footnote_44_44" class="fnanchor">[44]</a> précisément en cette région où s’est placée -l’enquête Epondo et où, comme on l’a vu, les esprits étaient montés et -influencés. Ce sont ces affaires que, dit-il, il n’a pas eu le temps -d’approfondir,<a name="FNanchor_45_45" id="FNanchor_45_45"></a><a href="#Footnote_45_45" class="fnanchor">[45]</a> et qui, au dire des indigènes, étaient imputables aux -agents de la Société “La Lulanga.” Étaient-ce là des victimes de la -pratique de coutumes indigènes, que les natifs se seraient bien gardés -d’avouer? Les blessures constatées par le Consul étaient-elles dues à -l’une ou l’autre lutte intestine entre villages ou tribus? Ou bien -était-ce réellement le fait de sous-ordres noirs de la Société? On ne -saurait se prononcer à la lecture du Rapport, les indigènes, ici comme -toujours, étant la seule source d’informations du Consul et celui-ci -s’étant borné à prendre rapidement note de leurs multiples affirmations -en quelques heures de la matinée du 5 Septembre, pressé qu’il était par -le temps “to reach K* (Bossunguma) at a reasonable hour.”<a name="FNanchor_46_46" id="FNanchor_46_46"></a><a href="#Footnote_46_46" class="fnanchor">[46]</a></p> - -<p>Nonobstant la considération qu’il attache à “l’air de franchise” et “à -l’air de conviction et de sincérité”<a name="FNanchor_47_47" id="FNanchor_47_47"></a><a href="#Footnote_47_47" class="fnanchor">[47]</a> des indigènes, l’expérience -faite par lui-même commande incontestablement la prudence et rend -téméraire son appréciation: “qu’il était clair que ces hommes -déclaraient soit ce qu’ils avaient réellement vu de leurs yeux, soit ce -qu’ils pensaient fermement dans leurs cœurs.”<a name="FNanchor_48_48" id="FNanchor_48_48"></a><a href="#Footnote_48_48" class="fnanchor">[48]</a></p> - -<p>Toutefois, il suffit que soient signalés ces quelques faits, actes de -cruauté ou non, auxquels se réduisent en définitive ceux constatés -personnellement par le Consul, sans qu’il puisse à suffisance de preuve -en établir les causes réelles, pour que l’autorité doive y porter son -attention et pour que des enquêtes soient ordonnées à leur sujet. A cet -égard, le regret doit être exprimé de ce que l’exemplaire du Rapport, -communiqué au Gouvernement de l’État Indépendant du Congo, ait -systématiquement omis toute indication de date, de lieu, de noms. Il -n’est pas à méconnaître que ces suppressions rendront excessivement -malaisée la tâche des Magistrats Instructeurs, et, dans l’intérêt de la -manifestation de la vérité, le Gouvernement du Congo formule le vœu -d’être mis en possession du texte complet du Rapport du Consul.</p> - -<p>On ne s’étonnera pas si le Gouvernement de l’État du Congo s’élève, en -cette occasion, contre le procédé de ses détracteurs, mettant dans le -domaine public la reproduction de photographies d’indigènes mutilés, et -créant cette odieuse légende de mains coupées à la connaissance ou même -à l’instigation des Belges en Afrique. C’est ainsi que la photographie -d’Epondo, estropié dans les conditions que l’on sait, et qui “a été deux -fois photographié,” est probablement une de celles circulant dans les -pamphlets Anglais comme preuve de l’exécrable administration des Belges -en Afrique. On a vu une revue Anglaise reproduisant la photographie d’un -“cannibale entouré des crânes de ses victimes,” et la légende portait: -“In the original photograph, the cannibal was naked. The artist has made -him decent by ... covering his breast with the star of the Congo State. -It is now a suggestive emblem of the Christian veneered cannibalism on -the Congo.”<a name="FNanchor_49_49" id="FNanchor_49_49"></a><a href="#Footnote_49_49" class="fnanchor">[49]</a> A ce compte, il suffirait, pour jeter le discrédit sur -l’Administration de l’Uganda, de mettre dans la circulation des clichés -reproduisant<span class="pagenum"><a name="page_II_8" id="page_II_8"></a></span> les mutilations dont le Dr. Castellani dit, dans une -lettre datée d’Uganda, du 16 Décembre, 1902, avoir constaté l’existence -aux environs mêmes d’Entebbe: “Il n’est pas difficile d’y rencontrer des -indigènes sans nez, sans oreilles, &c.”<a name="FNanchor_50_50" id="FNanchor_50_50"></a><a href="#Footnote_50_50" class="fnanchor">[50]</a></p> - -<p>C’est dire que dans l’Uganda comme au Congo, les indigènes sacrifient -encore à leurs instincts sauvages. Mr. Casement a prévu l’objection en -affirmant:—</p> - -<div class="blockquot"><p>“It was not a native custom prior to the coming of the white man; -it was not the outcome of the primitive instincts of savages in -their fights between village and village; it was the deliberate act -of soldiers of a European Administration, and these men themselves -never made any concealment that in committing these acts they were -but obeying the positive orders of their superiors.”<a name="FNanchor_51_51" id="FNanchor_51_51"></a><a href="#Footnote_51_51" class="fnanchor">[51]</a></p></div> - -<p>L’articulation d’une aussi grave accusation, sans qu’elle soit en même -temps étayée sur des preuves irréfragables, semble donner raison à ceux -qui pensent que les emplois antérieurs de Mr. Casement ne l’avaient pas -préparé entièrement aux fonctions Consulaires. Mr. Casement est resté -dix-sept jours au Lac Mantumba, un lac, dit de 25 à 30 milles de long et -de 12 ou 15 milles de large, entouré d’épaisses forêts.<a name="FNanchor_52_52" id="FNanchor_52_52"></a><a href="#Footnote_52_52" class="fnanchor">[52]</a> Il ne s’est -guère éloigné de la rive. On ne voit pas dès lors quelles investigations -utiles il a pu faire sur les mœurs d’autrefois et les habitudes -anciennes des populations. La constatation que ces tribus sont encore -très sauvages et adonnées au cannibalisme<a name="FNanchor_53_53" id="FNanchor_53_53"></a><a href="#Footnote_53_53" class="fnanchor">[53]</a> permet de croire, au -contraire, qu’elles n’étaient pas exemptes de la pratique de ces actes -cruels qui, d’une manière générale en Afrique, étaient le cortège -habituel de la barbarie des mœurs et de l’anthropophagie. Dans une -partie des régions que le Consul a visitées, les témoignages des -missionnaires Anglais ne sont à cet égard que trop instructifs. Le -Révérend McKittrick, parlant des luttes meurtrières entre indigènes, dit -ses efforts d’autrefois auprès des Chefs pour pacifier la contrée: “ -...Nous leur dîmes qu’à l’avenir nous ne laisserions plus passer par -notre station aucun homme armé de lance ou de couteau. Notre Dieu était -un Dieu de paix, et nous, ses enfants, nous ne pouvions supporter de -voir nos frères noirs se couper et se blesser l’un l’autre (cutting and -stabbing each other).”<a name="FNanchor_54_54" id="FNanchor_54_54"></a><a href="#Footnote_54_54" class="fnanchor">[54]</a> “Lorsque j’allais çà et là dans la rivière, -dit un autre missionnaire, on me montrait les endroits de la rive d’où -avaient coutume de partir les guerriers pour capturer les canots et les -hommes. Il était affligeant d’entendre décrire les terribles massacres -qui avaient lieu d’habitude à la mort d’un grand Chef. Un trou profond -était creusé en terre, où des vingtaines d’esclaves jetés après que -leurs têtes avaient été coupées (after having their heads cut off), et -sur cette horrible pile, on plaçait le cadavre du Chef couronnant ce -carnage humain indescriptible.”<a name="FNanchor_55_55" id="FNanchor_55_55"></a><a href="#Footnote_55_55" class="fnanchor">[55]</a> Et les missionnaires constatent -combien encore en ces jours actuels les indigènes reviennent aisément à -leurs anciennes coutumes. Il apparaît aussi que cette autre affirmation -du Rapport<a name="FNanchor_56_56" id="FNanchor_56_56"></a><a href="#Footnote_56_56" class="fnanchor">[56]</a> qu’à la différence d’aujourd’hui, les indigènes autrefois -ne s’enfuyaient pas à l’approche d’un steamer, n’est pas d’accord avec -les récits des voyageurs et explorateurs.</p> - -<p>Il est, en tout cas, à remarquer que le Consul n’a constaté dans le -territoire où s’exerce l’activité de la Société A.B.I.R. aucun de ces -faits de cruauté qui eût pu être représenté comme imputable aux agents -commerciaux. La coïncidence est à relever, puisque la Société A.B.I.R. -est précisément une Compagnie à Concession et qu’on ne cesse d’attribuer -au régime des Concessions les conséquences les plus désastreuses pour -les indigènes.</p> - -<p>Ce qui domine les innombrables questions touchées par le Consul et la -multiplicité des menus faits qu’il a recueillis, c’est de savoir si -vraiment cette sorte de tableau d’une existence misérable, qui serait -celle des indigènes, répond à la réalité des choses. Nous prendrons pour -exemple la région de la Lulanga et du Lopori, parce que là se trouvent, -depuis des années, des centres de Missions de la “Congo Balobo Mission.” -Ces missionnaires y sont établis en des endroits les plus distants et -les plus intérieurs: à Lulonga, Bonginda, Ikau, Bougandanga, et Baringa, -tous points situés dans la région où opèrent la Société “La Lulonga” et -la Société A.B.I.R. Ils sont en contact suivi avec les populations -indigènes, et une revue spéciale mensuelle, “Regions Beyond,” publie -régulièrement leurs lettres, notes, et rapports. Que l’on parcoure la -collection de ce recueil; nulle part, à aucun moment avant Avril 1903—à -cette dernière date, la motion de Mr. Herbert Samuel était, il est vrai, -annoncée au Parlement—on ne trouve trace d’une appréciation quelconque -signalant ou révélant que la situation<span class="pagenum"><a name="page_II_9" id="page_II_9"></a></span> générale des populations -indigènes dût être dénoncée au monde civilisé. Les missionnaires s’y -félicitent de la sympathie active des agents, officiels, et commerciaux -à leur égard,<a name="FNanchor_57_57" id="FNanchor_57_57"></a><a href="#Footnote_57_57" class="fnanchor">[57]</a> des progrès de leur œuvre d’évangélisation,<a name="FNanchor_58_58" id="FNanchor_58_58"></a><a href="#Footnote_58_58" class="fnanchor">[58]</a> des -facilités que leur apporte la création de routes,<a name="FNanchor_59_59" id="FNanchor_59_59"></a><a href="#Footnote_59_59" class="fnanchor">[59]</a> de la pacification -des mœurs, “dû à la fois aux missionnaires et aux commerçants,”<a name="FNanchor_60_60" id="FNanchor_60_60"></a><a href="#Footnote_60_60" class="fnanchor">[60]</a> -de la disparition de l’esclavage,<a name="FNanchor_61_61" id="FNanchor_61_61"></a><a href="#Footnote_61_61" class="fnanchor">[61]</a> de la densité de la -population,<a name="FNanchor_62_62" id="FNanchor_62_62"></a><a href="#Footnote_62_62" class="fnanchor">[62]</a> du nombre grandissant de leurs élèves, “grâce à l’État, -qui a donné des ordres pour que les enfants fussent menés à -l’école,”<a name="FNanchor_63_63" id="FNanchor_63_63"></a><a href="#Footnote_63_63" class="fnanchor">[63]</a> de la disparition graduelle des pratiques indigènes -primitives,<a name="FNanchor_64_64" id="FNanchor_64_64"></a><a href="#Footnote_64_64" class="fnanchor">[64]</a> du contraste enfin entre le présent et le passé.<a name="FNanchor_65_65" id="FNanchor_65_65"></a><a href="#Footnote_65_65" class="fnanchor">[65]</a> -Admettra-t-on que ces missionnaires Chrétiens et Anglais, qui, au cours -de leurs itinéraires, visitaient les postes de factorerie et étaient -témoins des marchés de caoutchouc, se seraient rendus complices par leur -silence d’un régime inhumain ou tortionnaire? Un des Rapports annuels de -la “Congo Bolobo Mission” dit dans ses conclusions: “Dans l’ensemble, le -coup d’œil rétrospectif est encourageant. S’il n’y a pas eu une -avance considérable, il n’y a pas eu de triste déception, et il n’est -aucune opposition définitive à l’œuvre.... Il y a eu de la disette et -des maladies parmi les natifs, notamment à Bonginda.... A part cela, il -n’y a pas eu de sérieux empêchements au progrès....”<a name="FNanchor_66_66" id="FNanchor_66_66"></a><a href="#Footnote_66_66" class="fnanchor">[66]</a> Et, parlant -incidemment des effets bienfaisants du travail sur l’état social des -indigènes, un missionnaire écrit: “The greatest obstacle to conversion -is polygamy. Many evils have been put down, <i>e.g.</i>, idleness, thanks to -the State having compelled the men to work; and fighting, through their -not having time enough to fight.”<a name="FNanchor_67_67" id="FNanchor_67_67"></a><a href="#Footnote_67_67" class="fnanchor">[67]</a> Ces appréciations des -missionnaires nous paraissent plus précises que les données d’un Rapport -à chaque page duquel, pour ainsi dire, on lit: “I was told;” “it was -said;” “I was informed;” “I was assured;” “They said;” “it was alleged;” -“I had no means of verifying;” “It was impossible to me to verify;” “I -have no means of ascertaining,” &c. En dix lignes, par exemple, on -rencontre quatre fois l’expression: “appears;” “would seem;” “would -seem;” “do not seem.”<a name="FNanchor_68_68" id="FNanchor_68_68"></a><a href="#Footnote_68_68" class="fnanchor">[68]</a></p> - -<p>Le Consul ne semble pas s’être rendu compte que c’est le travail qui -constitue l’impôt indigène au Congo, et que cette forme d’impôt se -justifie autant par son caractère moralisateur que par l’impossibilité -de taxer autrement l’indigène, en raison même du fait, constaté par le -Consul, que l’indigène n’a pas de numéraire. Cette dernière -considération fait, pour en donner un autre exemple, que sur 56,700 -huttes imposées dans la North-Eastern Rhodesia, 19,653 payent la taxe -“in labour” et 4,938 la payent “in produce.”<a name="FNanchor_69_69" id="FNanchor_69_69"></a><a href="#Footnote_69_69" class="fnanchor">[69]</a> Que ce travail soit -fourni directement à l’État ou à telle ou telle entreprise privée, qu’il -soit adapté, selon les possibilités locales, à telles prestations ou à -telles autres, sa justification a toujours l’une de ses bases dans ce -que le Mémorandum du 11 Février dernier reconnaît être la “necessity of -the natives being induced to work.” Le Consul s’inquiète surtout de la -qualification à donner à la fourniture du travail; il s’étonne, si c’est -là un impôt de ce que cet impôt soit payé et recouvrable parfois par des -agents commerciaux. Dans la rigueur des principes, il est à reconnaître, -en effet, que la rémunération d’un impôt heurte les notions fiscales -ordinaires; elle s’explique cependant en fait si l’on songe qu’il s’est -agi de faire contracter l’habitude de travail à des indigènes qui y ont -été réfractaires de tout temps. Et si cette idée du travail peut être -plus aisément inculquée aux natifs sous la forme de transactions -commerciales entre eux et des particuliers, faut-il nécessairement -condamner ce mode d’action, notamment dans des régions dont -l’organisation administrative n’est pas complétée? Mais il s’impose que, -dans leurs rapports de cet ordre avec les indigènes, les agents -commerciaux, comme d’ailleurs les agents de l’État eux-mêmes, -s’inspirent de pratiques bienveillantes et humaines. A cet égard, les -éléments que fournit le Rapport du Consul seront l’objet d’une étude -approfondie, et si le résultat de cet examen révélait des abus réels ou -commandait des réformes, l’Administration supérieure agirait comme -l’exigeraient les circonstances.</p> - -<p>Nul n’a jamais pensé, d’ailleurs, que le régime fiscal au Congo eût -atteint d’emblée la perfection, notamment au point de vue de l’assiette -de l’impôt et des moyens de<span class="pagenum"><a name="page_II_10" id="page_II_10"></a></span> recouvrement. Le système des “chefferies,” -bon en soi en ce qu’il place entre l’autorité et l’indigène -l’intermédiaire de son chef naturel, procédait d’une idée mise en -pratique ailleurs:—</p> - -<div class="blockquot"><p>“The more important Chiefs who helped the Administration have been -paid a certain percentage of the taxes collected in their -districts, and I think that if this policy is adhered to each year, -the results will continue to be satisfactory and will encourage the -Chiefs to work in harmony with the Administration.”<a name="FNanchor_70_70" id="FNanchor_70_70"></a><a href="#Footnote_70_70" class="fnanchor">[70]</a></p></div> - -<p>Le Décret sur les chefferies<a name="FNanchor_71_71" id="FNanchor_71_71"></a><a href="#Footnote_71_71" class="fnanchor">[71]</a> établissait le principe de l’impôt, et -sa perception selon “un tableau des prestations annuelles à fournir, par -chaque village, en produits, en corvées, travailleurs ou soldats.” -L’application de ce Décret a été formulée en des actes d’investiture, -des tableaux statistiques et des états de prestation, dont les modèles -sont reproduits à l’Annexe IV. Contrairement à ce que pense le Rapport, -ce Décret a reçu l’exécution compatible avec l’état d’avancement social -des tribus; de nombreux actes d’investiture ont été dressés et des -efforts ont été faits pour établir des états de répartition équitable -des prestations. Le Consul eût pu s’en assurer dans les bureaux des -Commissariats, notamment des districts du Stanley-Pool et de l’Équateur -qu’il a traversés; mais il a généralement négligé les sources -d’informations officielles. Sans doute, l’application fut et devait être -limitée dans les débuts, et il a pu en résulter que les demandes -d’impôts ont atteint, pendant quelque temps, les seuls villages dans un -certain périmètre autour des stations; mais cette situation s’est -améliorée progressivement au fur et à mesure que, les régions plus -distantes se trouvant englobées dans la zone d’influence des postes -gouvernementaux, le nombre des villages astreints à l’impôt s’est accru -successivement et que les taxes ont pu être réparties sur un chiffre -plus grand de contribuables. Le Gouvernement vise à ce que le progrès -soit constant dans cette voie, c’est-à-dire à ce que l’impôt soit le -plus équitablement réparti et soit, autant que possible, personnel; le -Décret du 18 Novembre, 1903, tend à ce but en prescrivant -l’établissement de “rôles des prestations indigènes” de manière que les -obligations de chacun des natifs soient nettement précisées.</p> - -<div class="blockquot"><p>“Chaque année, dit l’Article 28 de ce Décret, les Commissaires de -District dresseront dans les limites de l’Article 2 du présent -Règlement (c’est-à-dire dans la limite de quarante heures de -travail par mois par indigène), les rôles des prestations à -fournir, en espèce et en durée de travail par chacun des indigènes -résidant dans les territoires de leur district respectif.” Et -l’Article 55 punit “quiconque, chargé de la perception des -prestations, aura exigé des indigènes, soit comme impôt en nature -soit comme heures de travail, des prestations d’une valeur -supérieure à celles prévues dans les rôles d’impositions.”</p></div> - -<p>Nul n’ignore que le recouvrement de l’impôt se heurte parfois au mauvais -vouloir, et même au refus de payer. La démonstration qu’en fait le -Rapport du Consul pour le Congo est corroborée par l’expérience faite, -par exemple, dans la Rhodésia.</p> - -<div class="blockquot"><p>“The Ba-Unga (Awemba district), inhabitants of the swamps in the -Chambezi delta, gave some trouble on being summoned to pay -taxes.”<a name="FNanchor_72_72" id="FNanchor_72_72"></a><a href="#Footnote_72_72" class="fnanchor">[72]</a>—“Although in many cases whole villages retired into -the swamps on being called upon for the hut tax, the general result -was satisfactory for the first year (Luapula -district).”<a name="FNanchor_73_73" id="FNanchor_73_73"></a><a href="#Footnote_73_73" class="fnanchor">[73]</a>—“Milala’s people have succeeded in evading -taxes.”<a name="FNanchor_74_74" id="FNanchor_74_74"></a><a href="#Footnote_74_74" class="fnanchor">[74]</a>—“A few natives bordering on the Portuguese territory, -who, owing to the great distance they reside from the Native -Commissioners’ stations, are not under the direct supervision of -the Native Commissioners, have so far evaded paying hut tax, and -refused to submit themselves to the authority of the Government. -The rebel Chief, Mapondera, has upon three occasions successfully -eluded punitive expeditions sent against him.... Captain Gilson, of -the British South Africa Police, was successful in coming upon him -and a large following of natives, and inflicting heavy losses upon -them.... His kraal and all his crops were destroyed. He is now -reported to be in Portuguese territory.... Siji M’Kota, another -powerful Chief, living in the northern parts of the M’toko -district, bordering on Portuguese territory, has also been -successful in evading the payment of hut tax, and generally -pursuing the adoption of an attitude which is not acceptable to the -Government. I am pleased to report that a patrol is at present on -its way to these parts to deal with this Chief, and to endeavour to -obtain his submission. It will be noted that the above remarks -relate solely to those natives who reside along the borders of our -territories, and whose defiant attitude is materially assisted by -reason of this proximity to the Portuguese border, across which -they are well able to proceed whenever they consider that any -meeting or contact with the Native Commissioner will interfere in -any way with their indolent and lazy life. They possess no movable -property which might be attached with a view to the recovery of hut -tax unpaid for many years, and travel backwards and forwards with -considerable freedom, always placing themselves totally beyond the -reach of the Native Commissioner.”<a name="FNanchor_75_75" id="FNanchor_75_75"></a><a href="#Footnote_75_75" class="fnanchor">[75]</a></p></div> - -<p>C’est là un exemple de ces “punitive expeditions” auxquelles l’autorité -se voit obligée de recourir parfois, et aussi de ce procédé des natifs, -non spécial aux indigènes Congolais, de se déplacer en territoire voisin -pour se soustraire à l’exécution de la loi.—Que si, au Congo, dans le -recouvrement des prestations indigènes, des cas, parmi ceux cités par le -Consul, ont réellement dépassé les limites d’une rigueur juste et -pondérée, ce sont là des circonstances de faits que des investigations -sur les lieux pourront seules élucider, et des instructions seront, à -cet effet, données à l’administration de Boma.</p> - -<p>Il ne peut être davantage accepté, jusqu’à plus ample informé, les -considérations du Rapport sur l’action des gardes forestiers au service -de la Société A.B.I.R. et de “La Lulonga.” Ces sous-ordres sont -représentés par le Consul comme exclusivement préposés à “obliger par -force la récolte du caoutchouc ou les approvisionnements dont chaque -factorerie a besoin.”<a name="FNanchor_76_76" id="FNanchor_76_76"></a><a href="#Footnote_76_76" class="fnanchor">[76]</a> Une autre explication a cependant été donnée, -mais elle n’émane pas d’un indigène, à savoir que ces gardes forestiers -ont pour mission de veiller à ce que la récolte du caoutchouc se fasse -rationnellement et d’empêcher notamment que les indigènes ne coupent les -lianes.<a name="FNanchor_77_77" id="FNanchor_77_77"></a><a href="#Footnote_77_77" class="fnanchor">[77]</a> On sait, en effet, que la loi a prescrit des mesures -rigoureuses pour assurer la conservation des zones caoutchoutières, a -réglementé leur exploitation et a imposé des plantations et -replantations, en vue d’éviter l’épuisement complet du caoutchouc, comme -on l’a vu par exemple dans la “North-Eastern and Western Rhodesia.”<a name="FNanchor_78_78" id="FNanchor_78_78"></a><a href="#Footnote_78_78" class="fnanchor">[78]</a> -Les Sociétés et particuliers exploitants ont de ce chef une lourde -responsabilité et ont incontestablement une surveillance minutieuse à -exercer sur les modes et procédés de récoltes. La raison d’être de ces -gardes forestiers peut donc, en réalité, être tout autre que celle dite -par le Consul; en tout cas, les plaintes formulées à ce sujet formeront -l’un des points de l’enquête au Congo, de même que cette autre remarque -du Rapport que l’armement de ces gardes forestiers serait excessif et -abusif. Il faut dès à présent remarquer que dans ses évaluations du -nombre des gardes armés, le Consul procède par déductions -hypothétiques<a name="FNanchor_79_79" id="FNanchor_79_79"></a><a href="#Footnote_79_79" class="fnanchor">[79]</a> et qu’il dit lui-même: “I have no means of -ascertaining the number of this class of armed men employed by the -A.B.I.R. Company.”<a name="FNanchor_80_80" id="FNanchor_80_80"></a><a href="#Footnote_80_80" class="fnanchor">[80]</a> Il donne le détail que le fusil d’un de ces -hommes était marqué sur la crosse: “Dépôt 2,210.” Or, il est évident -qu’une telle indication ne peut avoir la signification que voudrait lui -donner le Consul que pour autant qu’il soit établi qu’elle se rapporte à -un numérotage des armes utilisées dans la Concession, et tel n’est pas -le cas, car cette marque: Dépôt ... n’est employée ni par les Agents de -l’État ni par la Société, et il est à supposer qu’elle constitue une -ancienne marque, soit de fabrication, soit de magasin. Quant à -l’armement des capitas, le Consul ne doit pas ignorer que ce point—qui -n’est pas sans difficulté, puisqu’il faut à la fois tenir compte de la -nécessité de la défense personnelle du capita et de l’écueil d’un usage -abusif de l’arme qui lui est confiée—n’a cessé d’être l’objet de -l’attention de l’autorité supérieure. Il n’y a pas que la seule -Circulaire du 20 Octobre, 1900, reproduite par le Consul, qui ait traité -la question; il en est tout un ensemble, datant notamment des 12 Mars, -1897, 31 Mai et 28 Novembre, 1900, et 30 Avril, 1901. Nous les -reproduisons en Annexes, comme témoignant de l’absolue volonté du -pouvoir de faire appliquer strictement les dispositions légales en la -matière (Annexe V). Nonobstant les précautions incessantes, le Consul a -constaté que plusieurs capitas n’étaient pas porteurs de permis—ces -permis ne se trouvait-ils pas au siège de la Direction?—et que deux -d’entre eux étaient armés d’armes de précision.<a name="FNanchor_81_81" id="FNanchor_81_81"></a><a href="#Footnote_81_81" class="fnanchor">[81]</a> Ces quelques -infractions ne suffiraient évidemment pas pour conclure à une sorte de -vaste organisation armée, destinée à terroriser les indigènes. Cette -autre Circulaire du 7 Septembre, 1903, reproduite à l’Annexe VII du -Rapport du Consul, montre, au contraire, le soin que met le Gouvernement -à ce que les soldats noirs réguliers eux-mêmes soient en tout temps sous -le contrôle des officiers Européens.<a name="FNanchor_82_82" id="FNanchor_82_82"></a><a href="#Footnote_82_82" class="fnanchor">[82]</a></p> - -<p>Telles sont les premières remarques que suggère le Rapport de M. -Casement, et nous nous réservons de le raconter plus en détail, lorsque -seront en possession du Gouvernement les résultats de l’enquête à -laquelle les autorités locales vont procéder. Il sera remarqué que le -Gouvernement, ne voulant pas paraître faire dévier le débat,<span class="pagenum"><a name="page_II_12" id="page_II_12"></a></span> n’a pas -soulevé la question préjudicielle au sujet des formes, à coup sûr -insolites, en lesquelles le Consul de Sa Majesté Britannique a agi en -territoire étranger. Il n’échappera pas combien le rôle que s’est -attribué le Consul en instituant des sortes d’enquêtes, en faisant -comparaître des indigènes, en les interrogeant comme par voie -d’autorité, en émettant même des espèces de jugements sur la culpabilité -d’accusés, est en dehors des limites des attributions d’un Consul. Les -réserves qu’appelle ce mode de procéder doivent être d’autant plus -formelles que le Consul intervenait de la sorte en des affaires où -n’étaient intéressés que des ressortissants de l’État du Congo et -relevant exclusivement de l’autorité territoriale. M. Casement s’est -chargé de se désavouer lui-même lorsque, le 4 Septembre, 1903, il -écrivait au Gouverneur-Général: “I have no right of representation to -your Excellency save where the persons or interests of British subjects -dwelling in this country are affected.” Il était donc conscient de ce -qu’il outrepassait les devoirs de sa charge, lorsqu’il investiguait sur -des faits d’administration purement intérieure et empiétait ainsi sur -les attributions des autorités territoriales, à l’encontre des règles du -droit Consulaire.</p> - -<div class="blockquot"><p>“The grievances of the natives have been made known in this country -by ..., who brought over a Petition addressed to the King, praying -for relief from the excessive taxation and oppressive legislation -of which they complain.”</p></div> - -<p>Ces lignes sont extraites du “Report for 1903 de la British and Foreign -Anti-Slavery Society,” et les natifs dont il est question sont les -indigènes des Iles Fiji. Ce Rapport continue:—</p> - -<div class="blockquot"><p>“The case has been brought before the House of Commons. The -grievances include forced labour on the roads, and restrictions -which practically amount to slavery; natives have been flogged -without trial by Magistrate’s orders and are constantly subject to -imprisonment for frivolous causes. Petitions lodged with the local -Colonial Secretary have been disregarded. Mr. Chamberlain, in reply -to the questions asked in Parliament, threw doubt upon the -information received, but stated that the recently appointed -Governor is conducting an inquiry into the whole situation in the -Fiji Islands, in the course of which the matter will be fully -investigated.”</p></div> - -<p>Ces conclusions sont les nôtres au sujet du Rapport de M. Casement.</p> - -<p><i>Bruxelles, le 12 Mars, 1904.</i></p> - -<p>(Translation.)</p> - -<p>During the sitting of the House of Commons of the 11th March, 1903, Lord -Cranborne observed:—</p> - -<div class="blockquot"><p>“We have no reason to think that slavery is recognized by the -authorities of the Congo Free State, but reports of acts of cruelty -and oppression have reached us. Such reports have been received -from our Consular Officers.”</p></div> - -<p>The Government of the Congo State addressed a letter on the 14th March, -1903, to Sir C. Phipps, requesting him to be good enough to communicate -the facts which had formed the subject of any reports from British -Consuls.</p> - -<p>No reply was received to this application.</p> - -<p>Lord Lansdowne’s despatch of the 8th August, 1903, contained the -following passage:—</p> - -<div class="blockquot"><p>“Representations to this effect (alleged cases of ill-treatment of -natives and existence of trade monopolies) are to be found ... in -despatches from His Majesty’s Consuls.”</p></div> - -<p>The impression was thus created that at that date His Majesty’s -Government were in possession of conclusive evidence furnished by their -Consuls: but none the less it seemed clearly necessary that Consul -Casement should undertake a journey in the Upper Congo. It would appear, -therefore, as if the conclusions contained in the note of the 8th August -were at least premature; it equally follows that, contrary to what was -said in that note, the British Consul was at liberty to undertake any -journey in the interior that he thought fit. In any case, it is to be -observed that, in spite of the repeated applications of the Congo State, -the White Paper (“Africa No. 1 (1904)”) recently presented to Parliament -does not contain any of these former Consular Reports, which -nevertheless would have been the more interesting as dating from a time -when the present campaign had not yet been initiated.<span class="pagenum"><a name="page_II_13" id="page_II_13"></a></span></p> - -<p>The present Report draws attention to the fact that in certain places -visited by the Consul the population is decreasing. Mr. Casement does -not give the facts on which he bases his comparative figures for 1887 -and 1903. The question arises how, during the course of his rapid and -hasty visits, he was able to get his figures for this latter year. On -what facts, for instance, does he found his assertion that the riverain -population of Lake Mantumba <i>seems</i> to have diminished from 60 to 70 per -cent. in the course of the last ten years. He states that at a certain -place designated as F* the population of all the villages together does -not at present amount to more than 500 souls; a few lines further on -these same villages are spoken of as only containing 240 inhabitants -altogether. These are only details, but they show at once what a lack of -precision there is in certain of the deductions made by the Consul. It -is, no doubt, unfortunately only too true that the population has -diminished; but the diminution is due to other causes than to the -exercise on the native population of a too exacting or oppressive -Administration. It is owing chiefly to the sleeping-sickness, which is -decimating the population throughout Equatorial Africa. The Report -itself observes that “a prominent place must be assigned to this -malady,”<a name="FNanchor_83_83" id="FNanchor_83_83"></a><a href="#Footnote_83_83" class="fnanchor">[83]</a> and that this malady is “probably one of the principal -factors” in the diminution of the population.<a name="FNanchor_84_84" id="FNanchor_84_84"></a><a href="#Footnote_84_84" class="fnanchor">[84]</a> It is only necessary -to read the Rev. John Whitehead’s letter, quoted by the Consul (Annex II -to the Report) to obtain an idea of the ravages of the malady, to which -this missionary attributes half of the deaths which take place in the -riverain parts of the district. In a recent interview Mgr. Van Ronslé, -Vicar Apostolic of the Belgian Congo, who speaks with the authority of -one who has had a large experience of African matters, and has resided -for long periods in many different localities in the Congo, explained -the development of this scourge and the inevitable decay of the -populations it attacks, whatever the conditions of their social -existence; mentioning among other cases the terrible loss of life caused -by this disease in Uganda. If to this principal cause of the -depopulation of the Congo are added small-pox epidemics, the inability -of the tribes at the present moment to keep up their numbers by the -purchase of slaves, and the ease with which the natives can migrate, it -can be explained how the Consul and the missionaries may have been -struck with the diminution of the number of inhabitants in certain -centres without that diminution necessarily being the result of a system -of oppression. Annex I contains the declarations on the subject made by -Mgr. Van Ronslé. His remarks as to the effect of the suppression of -slavery on the numbers of the population are printed elsewhere:—</p> - -<div class="blockquot"><p>“The people (slave) are for the most part originally prisoners of -war. Since the Decree of emancipation they have simply returned to -their own distant homes, knowing their owners have no power to -recapture them. This is one reason why some think the population is -decreasing, and another reason is the vast exodus up and down -river.”<a name="FNanchor_85_85" id="FNanchor_85_85"></a><a href="#Footnote_85_85" class="fnanchor">[85]</a></p> - -<p>“So long as the Slave Trade flourished the Bobangi flourished, but -with its abolition they are tending to disappear, for their towns -were replenished by slaves.”<a name="FNanchor_86_86" id="FNanchor_86_86"></a><a href="#Footnote_86_86" class="fnanchor">[86]</a></p></div> - -<p>The Consul mentions cases, the causes of which, however, are unknown to -him, of an exodus of natives of the Congo to the French bank. It is not -quite clear on what grounds he attaches blame to the State on their -account, to judge at least from the motives by which some of them have -been determined—for instance, the examples of such emigration which are -given and explained by the Rev. W. H. Bentley, an English missionary. -One relates to the station at Lukolela:—</p> - -<div class="blockquot"><p>“The main difficulty has been the shifting of the population. It -appears that the population, when the station was founded in 1886, -was between 5,000 and 6,000 in the riverain Colonies. About two -years later the Chief Mpuki did not agree with his neighbours or -they with him. When the tension became acute, Mpuki crossed over -with his people to the opposite (French) side of the river. This -exodus took away a large number of people. In 1890 or 1891 a Chief -from one of the lower towns was compelled by the majority of his -people to leave the State side, and several went with him. About -1893 the rest of the people at the lower towns either went across -to the same place as the deposed Chief or took up their residence -inland. Towards the end of 1894 a soldier, who had been sent to cut -firewood for the State steamers on an island off the towns, left -his work to make an evil request in one of the towns. He shot the -man who refused him. The rascal of a soldier was properly dealt -with by the State officer in charge; but this outrage combined with -other smaller difficulties to produce a panic, and nearly all the -people left for the French side, or hid away inland. So the fine -township has broken up.”<a name="FNanchor_87_87" id="FNanchor_87_87"></a><a href="#Footnote_87_87" class="fnanchor">[87]</a></p></div> - -<p>The other refers to the station at Bolobo:—</p> - -<div class="blockquot"><p>“It is rare indeed for Bolobo, with its 30,000 or 40,000 people, -divided into some dozen clans, to be at peace for any length of -time together. The loss of life from these petty wars, the number -of those killed for witchcraft, and of those who are buried alive -with the dead, involve, even within our narrow limits here at -Bolobo, an almost daily drain upon the vitality of the country, and -an incalculable amount of sorrow and suffering.... The Government -was not indifferent to these murderous ways.... In 1890, the -District Commissioner called the people together, and warned them -against the burying of slaves alive in the graves of free people, -and the reckless killing of slaves which then obtained. The natives -did not like the rising power of the State.... Our own settlement -among them was not unattended with difficulty.... There was a -feeling against white men generally, and especially so against the -State. The people became insolent and haughty.... Just at this time -... as a force of soldiers steamed past the Moye towns, the -steamers were fired upon. The soldiers landed and burnt and looted -the towns. The natives ran away into the grass, and great numbers -crossed to the French side of the river. They awoke to the fact -that Bula Matadi, the State, was not the helpless thing they had so -long thought. This happened early in 1891.”<a name="FNanchor_88_88" id="FNanchor_88_88"></a><a href="#Footnote_88_88" class="fnanchor">[88]</a></p></div> - -<p>It will be seen that these examples do not attribute the emigration of -the natives to any such causes as:—</p> - -<div class="blockquot"><p>“The methods employed to obtain labour from them by local officials -and the exactions levied on them.”<a name="FNanchor_89_89" id="FNanchor_89_89"></a><a href="#Footnote_89_89" class="fnanchor">[89]</a></p></div> - -<p>The Report dwells at length on the existence of native taxes. It shows -how the natives are subject to forced labour of various kinds, in one -district having to furnish the Government posts with “chikwangues,” or -fresh provisions, in another being obliged to assist in works of public -utility, such as the construction of a jetty at Bololo, or the up-keep -of the telegraph line at F*; elsewhere being obliged to collect the -produce of the domain lands. We maintain that such imposts on the -natives are legitimate, in agreement on this point with His Majesty’s -Government, who, in the Memorandum of the 11th February last, declare -that the industry and development of the British Colonies and -Protectorates in Africa show that His Majesty’s Government have always -admitted the necessity of making the natives contribute to the public -charges and of inducing them to work. We also agree with His Majesty’s -Government that, if abuses occur in this connection—and undoubtedly -some have occurred in all Colonies—such abuses call for reform, and -that it is the duty of the authorities to put an end to them, and to -reconcile as far as may be the requirements of the Government with the -real interests of the natives.</p> - -<p>But in this matter the Congo State intends to exercise freely its rights -of sovereignty—as, for instance, His Majesty’s Government explain in -their last Memorandum that they themselves did at Sierra Leone—without -regard to external pressure or foreign interference, which would be an -encroachment upon its essential rights.</p> - -<p>The Consul, in his Report, obviously endeavours to create the impression -that taxes in the Congo are collected in a violent, inhuman, and cruel -manner, and we are anxious before all to rebut the accusation which has -so often been brought against the State that such collection gives rise -to odious acts of mutilation. On this point a superficial perusal of the -Report is calculated to impress by its easy accumulation not of facts, -simple, precise, and verified, but of the declarations and affirmations -of natives.</p> - -<p>There is a preliminary remark to be made in regard to the conditions in -which the Consul made his journey.</p> - -<p>Whether such was his intention or not, the British Consul appeared to -the inhabitants as the redresser of the wrongs, real or imaginary, of -the natives, and his presence at La Lulonga, coinciding with the -campaign which was being directed against the Congo State, in a region -where the influence of the Protestant missionaries has long been -exercised, necessarily had for the natives a significance which did not -escape them. The Consul made his investigations quite independently of -the Government officials, quite independently of any action and of any -co-operation on the part of the regular authorities; he was assisted in -his proceedings by English Protestant missionaries; he made his -inspection on a steamer belonging to a Protestant Mission; he was -entertained for the most part in the Protestant Missions; and, in these -circumstances, it was inevitable that he should be considered by the -native as the antagonist of the established authorities.</p> - -<p>Other proof is not required than the characteristic fact that while the -Consul was at Bonginda, the natives crowded down to the bank, as some -agents of the La Lulonga<span class="pagenum"><a name="page_II_15" id="page_II_15"></a></span> Company were going by in a canoe, and cried -out: “Your violence is over, it is passing away; only the English -remain; may you others die!” There is also this significant admission on -the part of a Protestant missionary, who, in alluding to this incident, -remarked:—</p> - -<div class="blockquot"><p>“The Consul was here at the time, and the people were much excited -and evidently thought themselves on top.... The people have got -this idea (that the rubber work was finished) into their heads of -themselves, consequent, I suppose, upon the Consul’s visit.”</p></div> - -<p>In these circumstances, in view of the state of mind which they show to -exist among the natives, in view of their impressionable character and -of their natural desire to escape taxation, it could not be doubted but -that the conclusions at which the Consul would arrive would not be other -than those set forth in his Report.</p> - -<p>To bring out this point, and to show how little value is to be attached -to his investigations, it will be sufficient to examine one case, that -on which Mr. Casement principally relies; we allude to the Epondo case. -It is that of the child I I, mentioned on pp. 56, 58, and 78 of the -Report.</p> - -<p>It is indispensable to enter somewhat at length into the details of this -case, which are significant.</p> - -<p>On the 4th September, 1903, the Consul was at the Bonginda station of -the Congo Bololo Mission, having returned from a journey on the Lopori, -during the course of which he had not come across any of those acts of -mutilation which it is the custom to attribute to officials in the -Congo.</p> - -<p>At Bonginda, the natives of a neighbouring village (Bossunguma) came to -him and informed him, amongst other things, that a “sentry” of the La -Lulonga Company, named Kelengo,<a name="FNanchor_90_90" id="FNanchor_90_90"></a><a href="#Footnote_90_90" class="fnanchor">[90]</a> had, at Bossunguma, cut off the hand -of a native called Epondo, whose wounds were still scarcely healed. The -Consul proceeded to Bossunguma, accompanied by the Rev. W. D. Armstrong -and the Rev. D. J. Danielson, and had the mutilated native brought -before him, who, “in answer to Consul’s question, charges a sentry named -‘Kelengo’ (placed in the town by the local agent of the La Lulonga -Society to see that the people work rubber)” with having done it. Such -are the Consul’s own words: it was necessary to establish a relation of -cause and effect between the collection of india-rubber and this alleged -case of cruelty.</p> - -<p>The Consul proceeded to question the Chief and some of the natives of -the village. They replied by accusing Kelengo; most of them asserted -that they were <i>eye-witnesses</i> of the deed. The Consul inquired through -his interpreters if there were other witnesses who saw the crime -committed, and accused Kelengo of it. “Nearly all those present, about -forty persons, shouted out with one voice that it was ‘Kelengo’ who did -it.”</p> - -<p>In order to understand the violence with which the natives accused -Kelengo, and the unanimous manner in which the denials of the accused -were rejected by his accusers, it is necessary to read the whole of the -report of this inquiry, as drawn up by the Consul himself in a kind of -<i>procès-verbaux</i>, dated the 7th, 8th, and 9th September (Annex II). From -all quarters accusers appeared, and the excited crowd gave vent to all -sorts of accusations: he had cut off Epondo’s hand, chained up women, -stolen ducks and a dog! The Consul did not allow his suspicions to be -aroused by the passionate character of these accusations; without any -further guarantee of their sincerity or further examination into their -truth, he looked upon his inquiry as conclusive, and as he had taken -upon himself the duties of the Public Prosecutor in making preliminary -inquiries into the matter, so he anticipated the decision of the -responsible authorities by declaring to the assembled people that -“Kelengo deserved severe punishment for his illegal and cruel acts.” He -proceeded to dramatize the incident by carrying off the pretended -victim, and exhibiting him on the 10th September to the official in -command of the station at Coquilhatville, to whom he handed a copy of -the record of his inquiry, and on the 12th September he addressed a -letter to the Governor-General which he marked as “personal and -private,” and in which he makes the incident in question among others a -text for an attack on “the system of general exploitation of an entire -population which can only be rendered successful by the employment of -arbitrary and illegal force.” His inquiry terminated, he immediately -started on his return journey to the Lower Congo.</p> - -<p>Even if the circumstances had been correctly reported, the disproportion -would still<span class="pagenum"><a name="page_II_16" id="page_II_16"></a></span> have been striking between them and the conclusions which -the Consul draws when emphasizing his general criticisms of the Congo -State. But the facts themselves are incorrectly represented.</p> - -<p>As a matter of fact, no sooner did the Consul’s denunciation reach the -Public Prosecutor’s Department than M. Gennaro Bosco, Acting Public -Prosecutor, proceeded to the spot and held a judicial inquiry under the -usual conditions free from all outside influences. This inquiry showed -that His Britannic Majesty’s Consul had been the object of a plot -contrived by the natives, who, in the hope of no longer being obliged to -work, had agreed among themselves to represent Epondo as the victim of -the inhuman conduct of one of the capitas of a commercial Company. In -reality, Epondo had been the victim of an accident while out hunting, -and had been bitten in the hand by a wild boar; gangrene had set in and -caused the loss of the member, and this fact had been cleverly turned to -account by the natives when before the Consul. We annex (Annex No. 3) -extracts from the inquiry conducted by the Acting Public Prosecutor into -the Epondo case. The evidence is typical, uniform, and without -discrepancies. It leaves no doubt as to the cause of the accident, makes -it clear that the natives lied to the Consul, and reveals the object -which actuated them, namely, the hope that the Consul’s intervention -would relieve them from the necessity of paying taxes. The inquiry shows -how Epondo, at last brought to account, retracted what he had in the -first instance said to the Consul, and confessed that he had been -influenced by the people of his village. He was questioned as follows:—</p> - -<div class="blockquot"><p><i>Q.</i> Do you persist in accusing Kelengo of having cut off your left -hand?</p> - -<p><i>A.</i> No. I told a lie.</p> - -<p><i>Q.</i> State, then, how and when you lost your hand.</p> - -<p><i>A.</i> I was a slave of Monkekola’s at Malele, in the Bangala -district. One day I went out boar-hunting with him. He wounded one -with a spear, and thereupon the animal, enraged, turned on me. I -tried to run off with the others, but falling down, the boar was on -me in a moment and tore off my left hand and (wounded me) in the -stomach and left thigh.</p> - -<p>The witness exhibits the scars he carries at the places mentioned, -and lying down of his own accord shows the position he was in when -the boar attacked and wounded him.</p> - -<p><i>Q.</i> How long ago did this accident happen?</p> - -<p><i>A.</i> I don’t remember. It was a long time ago.</p> - -<p><i>Q.</i> Why did you accuse Kelengo?</p> - -<p><i>A.</i> Because Momaketa, one of the Bossunguma Chiefs, told me to, -and afterwards all the inhabitants of my village did so too.</p> - -<p class="c">* * * * * * * * </p> - -<p><i>Q.</i> Did the English photograph you?</p> - -<p><i>A.</i> Yes, at Bonginda and Lulanga. They told me to put the stump -well forward. There were Nenele, Mongongolo, Torongo, and other -whites whose names I don’t know. They were whites from Lulanga. -Mongongolo took away six photographs.<a name="FNanchor_91_91" id="FNanchor_91_91"></a><a href="#Footnote_91_91" class="fnanchor">[91]</a></p></div> - -<p>Epondo of his own accord repeated his declarations and retractations to -a Protestant missionary, Mr. Faris, who lives at Bolengi. This gentleman -has sent the Commissary-General at Coquilhatville the following written -declaration:—</p> - -<div class="blockquot"><p>“I, E. E. Faris, missionary, residing at Bolengi, Upper Congo, -declare that I questioned the boy Epondo, of the village of -Bosongoma, who was at my house on the 10th September, 1903, with -Mr. Casement, the British Consul, and whom, in accordance with the -request made to me by Commandant Stevens, of Coquilhatville, I took -to the mission station at Bolengi on the 16th October, 1903; and -that the said boy has this day, the 17th October, 1903, told me -that he lost his hand through the bite of a wild boar.</p> - -<p>“He told me at the same time that he informed Mr. Casement that his -hand was cut off either by a soldier or, perhaps, by one of those -working for the white men (“travailleurs de blanc”), who have been -making war in his village with a view to the collection of rubber, -but he asserts that the account which he has given me to-day is the -truth.”</p> - -<p class="r"> -(Signed) “<span class="smcap">E. E. Faris</span>.”<br /> -</p> - -<p>“<i>Bolengi, October 17, 1903.</i>”</p></div> - -<p>The inquiry resulted in the discharge of the prisoner, which, so far as -it concerned the Epondo question, was in the following terms:—</p> - -<div class="blockquot"><p>We, Acting Public Prosecutor of the Court of Coquilhatville:</p> - -<p>Having regard to the notes made by His Britannic Majesty’s Consul, -on the occasion of his visit to the villages of Ikandja and -Bossunguma in the territory of the Ngombe, from which it would -appear that a certain Kelengo, a forest guard in the service of the -La Lulonga Company—</p> - -<p>(<i>a.</i>) Cut off the left hand of a certain Epondo;</p> - -<p>(<i>b.</i>) ...;</p> - -<p><span class="pagenum"><a name="page_II_17" id="page_II_17"></a></span>(<i>c.</i>) ...;</p> - -<p>Having regard to the inquiry instituted by Lieutenant Braeckman, -which partly confirms the result of the inquiry instituted by His -Britannic Majesty’s Consul, but also partly contradicts it, and to -the charges already brought against Kelengo adds that of having -killed a native of the name of Baluwa;</p> - -<p>Having regard to the conclusions arrived at by the police employé -in question, which tend to raise grave doubts as to the truth of -all these charges;</p> - -<p>In view of the fact that all the natives who brought these charges -against Kelengo, whether before His Britannic Majesty’s Consul or -Lieutenant Braeckman, on being summoned by us, the Acting Public -Prosecutor, took to flight, and all efforts to find them have been -fruitless; that this flight obviously throws doubt on the truth of -their allegations;</p> - -<p>That all the witnesses whom we have questioned during the course of -our inquiry declare ... that Epondo lost his left hand from the -bite of a wild boar;</p> - -<p>That Epondo confirms these statements, and admits that he told a -lie at the instigation of the natives of Bossunguma and Ikondja, -who hoped to escape collecting rubber through the intervention of -His Britannic Majesty’s Consul, whom they considered to be very -powerful;</p> - -<p>That the witnesses, almost all inhabitants of the accusing -villages, admit that such was the object of their lie;</p> - -<p>That this version, apart from the unanimous declarations of the -witnesses and the injured parties, is also the most plausible, -seeing that every one knows that the natives dislike work in -general and having to collect rubber, and are, moreover, ready to -lie and accuse people falsely;</p> - -<p>That it is confirmed by the clearly stated opinion of the English -missionary Armstrong, who considers the natives to be “capable of -any plot to escape work and especially the labour of collecting -rubber”;</p> - -<p>That the innocence of Kelengo having been thoroughly established, -there is no reason for proceeding against him;</p> - -<p>On the above-mentioned grounds, we, the Acting Public Prosecutor, -declare that there are no grounds for proceeding against Kelengo, a -forest guard in the service of the La Lulonga Company, for the -offences mentioned in Articles 2, 5, 11, and 19 of the Penal Code.</p> - -<p class="r"> -(Signed) <span class="smcap">Bosco</span>,<br /> -<i>Acting Public Prosecutor</i>.<br /> -</p> - -<p><i>Mampoko, October 9, 1903.</i></p></div> - -<p>We have dealt at length with the above case because it is considered by -the Consul himself as being one of the utmost importance, and because he -relies upon this single case for accepting as accurate all the other -declarations made to him by natives.</p> - -<div class="blockquot"><p>“In the one case I could alone personally investigate,” he -says,<a name="FNanchor_92_92" id="FNanchor_92_92"></a><a href="#Footnote_92_92" class="fnanchor">[92]</a> “that of the boy I I, I found this accusation proved on -the spot without seemingly a shadow of doubt existing as to the -guilt of the accused sentry.”</p></div> - -<p>And further on:—</p> - -<div class="blockquot"><p>“I had not time to do more than visit the one village of R**, and -in that village I had only time to investigate the charge brought -by I I.”<a name="FNanchor_93_93" id="FNanchor_93_93"></a><a href="#Footnote_93_93" class="fnanchor">[93]</a></p></div> - -<p>And elsewhere:—</p> - -<div class="blockquot"><p>“It was obviously impossible that I should ... verify on the spot, -as in the case of the boy, the statements they made. In that one -case the truth of the charges preferred was amply -demonstrated.”<a name="FNanchor_94_94" id="FNanchor_94_94"></a><a href="#Footnote_94_94" class="fnanchor">[94]</a></p></div> - -<p>It is also to this case that he alludes in his letter of the 12th -September, 1903, to the Governor-General, where he says:—</p> - -<div class="blockquot"><p>“When speaking to M. le Commandant Stevens at Colquilhatville on -the 10th instant, when the <i>mutilated boy Epondo stood before us as -evidence of the deplorable state of affairs</i> I reprobated, I said, -‘I do not accuse an individual, I accuse a system.’ ”</p></div> - -<p>It is only natural to conclude that if the rest of the evidence in the -Consul’s Report is of the same value as that furnished to him in this -particular case, it cannot possibly be regarded as conclusive. And it is -obvious that in those cases in which the Consul, as he himself admits, -did not attempt to verify the assertions of the natives, these -assertions are worth, if possible, still less.</p> - -<p>It is doubtless true that the Consul deliberately incurred the certain -risk of being misled owing to the manner in which he interrogated the -natives, which he did, as a matter of fact, through two -interpreters—“through Vinda, speaking in Bobangi, and<span class="pagenum"><a name="page_II_18" id="page_II_18"></a></span> Bateko, -repeating his utterances ... in the local dialect;<a name="FNanchor_95_95" id="FNanchor_95_95"></a><a href="#Footnote_95_95" class="fnanchor">[95]</a> so that the -Consul was at the mercy not only of the truthfulness of the native who -was being questioned, but depended also on the correctness of the -translations of two other natives, one of whom was a servant of his own, -and the other apparently the missionaries’ interpreter.<a name="FNanchor_96_96" id="FNanchor_96_96"></a><a href="#Footnote_96_96" class="fnanchor">[96]</a> But any one -who has ever been in contact with the native knows how much he is given -to lying; the Rev. C. H. Harvey<a name="FNanchor_97_97" id="FNanchor_97_97"></a><a href="#Footnote_97_97" class="fnanchor">[97]</a> states that—</p> - -<p>“The natives of the Congo who surrounded us were contemptible, -perfidious and cruel, impudent liars, dishonest, and vile.”</p> - -<p>It is also important, if one wishes to get a correct idea of the value -of this evidence, to note that while Mr. Casement was questioning the -natives, he was accompanied by two local Protestant English -missionaries, whose presence must alone have necessarily affected the -evidence.<a name="FNanchor_98_98" id="FNanchor_98_98"></a><a href="#Footnote_98_98" class="fnanchor">[98]</a></p> - -<p>We should ourselves be going too far if from all this we were to -conclude that the whole of the native statements reported by the Consul -ought to be rejected. But it is clearly shown that his proofs are -insufficient as a basis for a deliberate judgment, and that the -particulars in question require to be carefully and impartially tested.</p> - -<p>On examining the Consul’s voluminous Report for other cases which he -<i>has seen</i>, and which he sets down as cases of mutilation, it will be -observed that he mentions two as having occurred on Lake Mantumba<a name="FNanchor_99_99" id="FNanchor_99_99"></a><a href="#Footnote_99_99" class="fnanchor">[99]</a> -“some years ago.”<a name="FNanchor_100_100" id="FNanchor_100_100"></a><a href="#Footnote_100_100" class="fnanchor">[100]</a> He mentions several others, in regard to the -number of which the particulars given in the Report do not seem to -agree,<a name="FNanchor_101_101" id="FNanchor_101_101"></a><a href="#Footnote_101_101" class="fnanchor">[101]</a> as having taken place in the neighbourhood of Bonginda,<a name="FNanchor_102_102" id="FNanchor_102_102"></a><a href="#Footnote_102_102" class="fnanchor">[102]</a> -precisely in the country of the Epondo inquiry, where, as has been seen, -the general feeling was excited and prejudiced. It is these cases which, -he says, he had not time to inquire into fully,<a name="FNanchor_103_103" id="FNanchor_103_103"></a><a href="#Footnote_103_103" class="fnanchor">[103]</a> and which, -according to the natives, were due to agents of the La Lulanga Company. -Were these instances of victims of the practice of native customs which -the natives would have been careful not to admit? Were the injuries -which the Consul saw due to some conflict between neighbouring villages -or tribes? Or were they really due to the black subordinates of the -Company? This cannot be determined by a perusal of the Report, as the -natives in this instance, as in every other, were the sole source of the -Consul’s information, and he, for his part, confined himself to taking -rapid notes of their numerous statements for a few hours in the morning -of the 5th September, being pressed for time, in order to reach K* -(Bossunguma) at a reasonable hour.<a name="FNanchor_104_104" id="FNanchor_104_104"></a><a href="#Footnote_104_104" class="fnanchor">[104]</a></p> - -<p>Notwithstanding the weight which he attaches to the “air of frankness” -and the “air of conviction and sincerity”<a name="FNanchor_105_105" id="FNanchor_105_105"></a><a href="#Footnote_105_105" class="fnanchor">[105]</a> on the part of the -natives, his own experience shows clearly the necessity for caution, and -renders rash his assertion “that it was clear that these men were -stating either what they had actually seen with their eyes or firmly -believed in their hearts.”<a name="FNanchor_106_106" id="FNanchor_106_106"></a><a href="#Footnote_106_106" class="fnanchor">[106]</a></p> - -<p>Now, however, that the Consul has drawn attention to these few -cases—whether cases of cruelty or not, and they are all that, as a -matter of fact, he has inquired into personally, and even so without -being able to prove sufficiently their real cause—the authorities will -of course look into the matter and cause inquiries to be made. It is to -be regretted that, this being so, all mention of date, place, and name -has been systematically omitted in the copy of the Report communicated -to the Government of the Independent State of the Congo. It is -impossible not to see that these suppressions will place great -difficulties in the way of the Magistrates who will have to inquire into -the facts, and the Government of the Congo trust that, in the interests -of truth, they may be placed in possession of the complete text of the -Consul’s Report.</p> - -<p>It is not to be wondered at if the Government of the Congo State take -this opportunity of protesting against the proceedings of their -detractors, who have thought fit to submit to the public reproductions -of photographs of mutilated natives, and have started the odious story -of hands being cut off with the knowledge and even at the instigation of -Belgians in Africa. The photograph of Epondo, for instance, mutilated -in<span class="pagenum"><a name="page_II_19" id="page_II_19"></a></span> the manner known, and who has “twice been photographed,” is probably -one of those which the English pamphlets are circulating as proof of the -execrable administration of the Belgians in Africa. One English review -reproduced the photograph of a “cannibal surrounded with the skulls of -his victims,” and underneath was written: “In the original photograph -the cannibal was naked. The artist has made him decent by ... covering -his breast with the star of the Congo State. It is now a suggestive -emblem of the Christian-veneered cannibalism on the Congo.”<a name="FNanchor_107_107" id="FNanchor_107_107"></a><a href="#Footnote_107_107" class="fnanchor">[107]</a> At this -rate it would suffice to throw discredit on the Uganda Administration if -the plates were published illustrating the mutilations which, in a -letter dated Uganda, 16th December, 1902, Dr. Castellani says he saw in -the neighbourhood of Entebbe itself: “It is not difficult to find there -natives without noses or ears, &c.”<a name="FNanchor_108_108" id="FNanchor_108_108"></a><a href="#Footnote_108_108" class="fnanchor">[108]</a></p> - -<p>The truth is, that in Uganda, as in the Congo, the natives still give -way to their savage instincts. This objection has been anticipated by -Mr. Casement, who remarks:—</p> - -<div class="blockquot"><p>“It was not a native custom prior to the coming of the white man; -it was not the outcome of the primitive instincts of savages in -their fights between village and village; it was the deliberate act -of the soldiers of a European Administration, and these men -themselves never made any concealment that in committing these acts -they were but obeying the positive orders of their superiors.”<a name="FNanchor_109_109" id="FNanchor_109_109"></a><a href="#Footnote_109_109" class="fnanchor">[109]</a></p></div> - -<p>That Mr. Casement should formulate so serious a charge without at the -same time supporting it by absolute proof would seem to justify those -who consider that his previous employment has not altogether been such -as to qualify him for the duties of a Consul. Mr. Casement remained -seventeen days on Lake Mantumba, a lake said to be 25 to 30 miles long -and 12 to 15 broad, surrounded by dense forest.<a name="FNanchor_110_110" id="FNanchor_110_110"></a><a href="#Footnote_110_110" class="fnanchor">[110]</a> He scarcely left -its shores at all. In these circumstances it is difficult to see how he -could have made any useful researches into the former habits and customs -of the inhabitants. On the contrary, from the fact that the tribes in -question are still very savage, and addicted to cannibalism,<a name="FNanchor_111_111" id="FNanchor_111_111"></a><a href="#Footnote_111_111" class="fnanchor">[111]</a> it -would seem that they have not abandoned the practice of those cruelties -which throughout Africa were the usual accompaniments of barbarous -habits and anthropophagy. In one portion of the districts which the -Consul visited, the evidence of the English missionaries on this point -is most instructive. The Rev. McKittrick, in describing the sanguinary -contests between the natives, mentions the efforts to pacify the country -which he formerly made through the Chiefs:—“.... We told them that for -the future we should not let any man carrying spears or knives pass -through our station. Our God was a God of peace, and we, His children, -could not bear to see our black brothers cutting and stabbing each -other.”<a name="FNanchor_112_112" id="FNanchor_112_112"></a><a href="#Footnote_112_112" class="fnanchor">[112]</a> “While I was going up and down the river,” says another -missionary, “they pointed out to me the King’s beaches, whence they used -to dispatch their fighting men to capture canoes and men. It was -heartrending to hear them describe the awful massacres that used to take -place at a great Chief’s death. A deep hole was dug in the ground, into -which scores of slaves were thrown after having their heads cut off; and -upon that horrible pile they laid the Chief’s dead body to crown the -indescribable human carnage.”<a name="FNanchor_113_113" id="FNanchor_113_113"></a><a href="#Footnote_113_113" class="fnanchor">[113]</a> And the missionaries speak of the -facility with which even nowadays the natives return to their old -customs. It would seem, too, that the statement made in the Report,<a name="FNanchor_114_114" id="FNanchor_114_114"></a><a href="#Footnote_114_114" class="fnanchor">[114]</a> -that the natives now fly on the approach of a steamer as they never used -to do, is hardly in accordance with the reports of travellers and -explorers.</p> - -<p>Be this how it may, it is to be observed that nowhere in the territory -which is the scene of the operations of the A.B.I.R. Company did the -Consul discover any evidence of acts of cruelty for which the commercial -agents might have been considered responsible. The coincidence is -remarkable, since it so happens that the A.B.I.R. Company is a -concessionary Company, and that it is the system of concessions to which -are constantly attributed the most disastrous consequences for the -natives.</p> - -<p>What it is important to discover from the immense number of questions -touched on by the Consul, and the multiplicity of minor facts which he -has collected, is whether the<span class="pagenum"><a name="page_II_20" id="page_II_20"></a></span> sort of picture he has drawn of the -wretched existence led by the natives corresponds to the actual state of -affairs. We will take, for instance, the district of the Lulanga and the -Lopori, as the head-stations of the missions of the “Congo Balolo -Mission” have been established there for years past. These missionaries -are established in the most distant places in the interior, at Lulonga, -Bonginda, Ikau, Bongandanga, and Baringa, all of which are situated in -the scene of operations of the La Lulonga and A.B.I.R. Companies. They -are in constant communication with the native populations, and a special -monthly review, called “Regions Beyond,” regularly publishes their -letters, notes, and reports. An examination of a set of these -publications reveals no trace, at any time previous to April 1903—by -that date, it is true, Mr. Herbert Samuel’s motion had been brought -before Parliament—of anything either to point out or to reveal that the -general situation of the native populations was such as ought to be -denounced to the civilized world. The missionaries congratulate -themselves on the active sympathy shown them by the various official and -commercial agents,<a name="FNanchor_115_115" id="FNanchor_115_115"></a><a href="#Footnote_115_115" class="fnanchor">[115]</a> on the progress of their work of -evangelization,<a name="FNanchor_116_116" id="FNanchor_116_116"></a><a href="#Footnote_116_116" class="fnanchor">[116]</a> on the facilities afforded them by the construction -of roads,<a name="FNanchor_117_117" id="FNanchor_117_117"></a><a href="#Footnote_117_117" class="fnanchor">[117]</a> on the manner in which the natives are becoming -civilized, “owing to the mere presence of white men in their midst, both -missionaries and traders,”<a name="FNanchor_118_118" id="FNanchor_118_118"></a><a href="#Footnote_118_118" class="fnanchor">[118]</a> on the disappearance of slavery,<a name="FNanchor_119_119" id="FNanchor_119_119"></a><a href="#Footnote_119_119" class="fnanchor">[119]</a> on -the density of the population,<a name="FNanchor_120_120" id="FNanchor_120_120"></a><a href="#Footnote_120_120" class="fnanchor">[120]</a> on the growing number of their -pupils, “especially since the State has issued orders for all children -within reach to attend the mission schools,”<a name="FNanchor_121_121" id="FNanchor_121_121"></a><a href="#Footnote_121_121" class="fnanchor">[121]</a> on the gradual -disappearance of the primitive customs of the natives,<a name="FNanchor_122_122" id="FNanchor_122_122"></a><a href="#Footnote_122_122" class="fnanchor">[122]</a> and lastly, -on the contrast between the present and the past.<a name="FNanchor_123_123" id="FNanchor_123_123"></a><a href="#Footnote_123_123" class="fnanchor">[123]</a> Will it be -admitted that these Christian English missionaries, who, during their -journeys, visited the various factories, and witnessed markets of rubber -being held, would, by keeping silence, make themselves the accomplices -of an inhuman or wrongful system of government? Among the conclusions of -one of the Annual Reports of the Congo Balolo Mission is to be found the -following: “On the whole, the retrospect is encouraging. If there has -been no great advance, there has been no heavy falling off, and no -definite opposition to the work.... There has been much famine and -sickness among the natives, especially at Bonginda.... Apart from this, -there has been no serious hindrance to progress....”<a name="FNanchor_124_124" id="FNanchor_124_124"></a><a href="#Footnote_124_124" class="fnanchor">[124]</a> And speaking -incidentally of the beneficial effect produced by work on the social -condition of the natives, a missionary writes: “The greatest obstacle to -conversion is polygamy. Many evils have been put down, <i>e.g.</i>, idleness, -thanks to the State having compelled the men to work; and fighting, -through their not having time enough to fight.”<a name="FNanchor_125_125" id="FNanchor_125_125"></a><a href="#Footnote_125_125" class="fnanchor">[125]</a> These opinions of -missionaries appear to us to be more precise than those expressed in a -Report on every page of which it may be said one finds such expressions -as: “I was told,” “it was said,” “I was informed,” “I was assured,” -“they said,” “it was alleged,” “I had no means of verifying,” “it was -impossible for me to verify,” “I have no means of ascertaining,” &c. -Within a space of ten lines, indeed, occur four times the expressions, -“appears,” “would seem,” “would seem,” “do not seem.”<a name="FNanchor_126_126" id="FNanchor_126_126"></a><a href="#Footnote_126_126" class="fnanchor">[126]</a></p> - -<p>The Consul does not appear to have realized that native taxes in the -Congo are levied in the shape of labour, and that this form of tax is -justified as much by the moral effect which it produces, as by the -impossibility of taxing the native in any other way, seeing that, as the -Consul admits, the native has no money. It is to this consideration that -is due the fact, to give another example, that out of 56,700 huts which -are taxed in North-Eastern Rhodesia 19,653 pay that tax “in labour,” -while 4,938 pay it “in produce.”<a name="FNanchor_127_127" id="FNanchor_127_127"></a><a href="#Footnote_127_127" class="fnanchor">[127]</a> Whether such labour is furnished -direct to the State or to some private undertaking, and whether it is -given in aid of this or that work as local necessities may dictate, one -ground of justification is always to be found in what the Memorandum of -the 11th February last recognizes is the “necessity of the natives being -induced to work.” The Consul shows much anxiety as to how this forced -labour should be described; he is surprised that if it be a tax it is -sometimes paid and recovered by commercial agents. Strictly speaking, of -course, it cannot be denied<span class="pagenum"><a name="page_II_21" id="page_II_21"></a></span> that the idea of remunerating a person for -paying his taxes is contrary to ordinary notions of finance; but the -difficulty disappears if it is considered that the object in view has -been to get the natives to acquire the habit of labour, from which they -have always shown a great aversion. And if this notion of work can more -easily be inculcated on the natives under the form of commercial -transactions between them and private persons, is it necessary to -condemn such a mode of procedure, especially in those parts where the -organization of the Administration is not yet complete? But it is -essential that in the relations of this nature which they have with the -natives, commercial agents, no less than those of the State, should be -kind and humane. In so far as it bears on this point the Consul’s Report -will receive the most careful consideration, and if the result of -investigation be to show that there are real abuses and that reforms are -called for, the heads of the Administration will act as the -circumstances may require.</p> - -<p>But no one has ever imagined that the fiscal system in the Congo -attained perfection at once, especially in regard to such matters as the -assessment of taxes and the means for recovering them. The system of -“Chieftaincies,” which is recommended by the fact that it enables the -authorities and the native to communicate through the latter’s natural -Chief, was based on an idea carried into practice elsewhere:—</p> - -<div class="blockquot"><p>“The more important Chiefs who helped the Administration have been -paid a certain percentage of the taxes collected in their -districts, and I think that if this policy is adhered to each year, -the results will continue to be satisfactory and will encourage the -Chiefs to work in harmony with the Administration.”<a name="FNanchor_128_128" id="FNanchor_128_128"></a><a href="#Footnote_128_128" class="fnanchor">[128]</a></p></div> - -<p>The Decree on the subject of these Chieftaincies<a name="FNanchor_129_129" id="FNanchor_129_129"></a><a href="#Footnote_129_129" class="fnanchor">[129]</a> laid down the -principle of a tax, and its levy in accordance with “a table of -contributions to be made every year by each village in produce, forced -labour, labourers, or soldiers.” The application of this Decree has been -provided for by deeds of investiture, tables of statistics, and -particulars of contributions, forms of which will be found in Annex IV. -In spite of what is stated in the Report, this Decree has been carried -out so far as has been found compatible with the social condition of the -various tribes; numerous deeds of investiture have been drawn up, and -efforts have been made to draw up an equitable assessment of the -contributions. The Consul might have found this out at the -Commissioners’ offices, especially in the Stanley Pool and Equator -districts, which he passed through; but he neglected as a rule all -official sources of information. No doubt the application of the Decree -was at first necessarily limited, and it is possible that the result has -been that for a certain time only such villages as were within a short -distance from stations have been required to pay taxes; but this state -of things has little by little altered for the better in proportion as -the more distant regions have become included in the areas of influence -of the Government posts, the number of villages subject to taxation has -gradually increased, and it has been found possible to levy taxes on a -greater number of persons. The Government aim at making progress in this -direction continuous, that is to say, that taxation should be more -equitably distributed, and should as much as possible be personal; it -was with this object that the Decree of the 18th November, 1903, -provided for drawing up “lists of native contributions” in such a way -that the obligations of every native should be strictly defined.</p> - -<div class="blockquot"><p>“Article 28 of this Decree lays down that within the limits of -Article 2 of the present regulations (that is to say, within the -limit of forty hours’ work per month per native) the District -Commissioners shall draw up annual lists of the taxes to be paid, -in land or duration of labour, by each of the natives resident in -the territories of their respective districts. And Article 55 -punishes ‘whoever, being charged with the levy of taxes, shall have -required of the natives, whether in kind or labour, contributions -which shall exceed in value those prescribed in the tables of -taxes.’ ”</p></div> - -<p>It in matter of common notoriety that the collection of taxes is -occasionally met by opposition, and even refusal to pay. The proofs of -this, which are to be found in the Report of the Consul for the Congo, -are borne out by what has happened, for instance, in Rhodesia:—</p> - -<div class="blockquot"><p>“The Ba-Unga (Awemba district), inhabitants of the swamps in the -Zambezi delta, gave some trouble on being summoned to pay -taxes.”<a name="FNanchor_130_130" id="FNanchor_130_130"></a><a href="#Footnote_130_130" class="fnanchor">[130]</a></p> - -<p>“Although in many cases whole villages retired into the swamps on -being called upon for the hut-tax, the general result was -satisfactory for the first year (Luapula district).”<a name="FNanchor_131_131" id="FNanchor_131_131"></a><a href="#Footnote_131_131" class="fnanchor">[131]</a></p> - -<p>“Milala’s people have succeeded in evading taxes.”<a name="FNanchor_132_132" id="FNanchor_132_132"></a><a href="#Footnote_132_132" class="fnanchor">[132]</a><span class="pagenum"><a name="page_II_22" id="page_II_22"></a></span></p> - -<p>“A few natives bordering on the Portuguese territory, who, owing to -the great distance they reside from the Native Commissioners’ -Stations, are not under the direct supervision of the Native -Commissioners, have so far evaded paying hut tax, and refused to -submit themselves to the authority of the Government. The rebel -Chief, Mapondera, has upon three occasions successfully eluded -punitive expeditions sent against him. Captain Gilson, of the -British South Africa Police, was successful in coming upon him and -a large following of natives, and inflicting heavy losses upon -them. His kraal and all his crops were destroyed. He is now -reported to be in Portuguese territory. Siji M’Kota, another -powerful Chief, living in the northern parts of the M’toko -district, bordering on Portuguese territory, has also been -successful in evading the payment of hut tax, and generally -pursuing the adoption of an attitude which is not acceptable to the -Government. I am pleased to report that a patrol is at present on -its way to these parts to deal with this Chief, and to endeavour to -obtain his submission. It will be noted that the above remarks -relate solely to those natives who reside along the borders of our -territories, and whose defiant attitude is materially assisted by -reason of this proximity to the Portuguese border, across which -they are well able to proceed whenever they consider that any -meeting or contact with the Native Commissioner will interfere in -any way with their indolent and lazy life. They possess no movable -property which might be attached with a view of the recovery of hut -tax unpaid for many years, and travel backwards and forwards with -considerable freedom, always placing themselves totally beyond the -reach of the Native Commissioner.”<a name="FNanchor_133_133" id="FNanchor_133_133"></a><a href="#Footnote_133_133" class="fnanchor">[133]</a></p></div> - -<p>The above is an instance of those “punitive expeditions” to which the -authorities are occasionally obliged to resort, as also of the native -custom, which is not peculiar to the natives of the Congo, of moving -into a neighbouring territory when they are seeking to evade the -operation of the law. Whether in the process of collecting native taxes -there have been cases in the Congo, amongst those mentioned by the -Consul, in which the limits of a just and reasonable severity have been -overstepped is a question of fact which investigation on the spot can -alone ascertain, and instructions to this effect will be given to the -authorities at Boma.</p> - -<p>We are also unable to accept, on the information at present before us, -the conclusions of the Report in regard to the conduct of the forest -guards in the employ of the A.B.I.R. and La Lulonga Companies. These -subordinate officers are represented by the Consul as being exclusively -employed in “compelling by force the collection of india-rubber or the -supplies which each factory needed.”<a name="FNanchor_134_134" id="FNanchor_134_134"></a><a href="#Footnote_134_134" class="fnanchor">[134]</a> It is true that another -explanation has been given—though not, indeed, by a native—according -to which the business of these same forest guards is to see that the -india-rubber is harvested after a reasonable fashion, and especially to -prevent the natives from cutting the plants.<a name="FNanchor_135_135" id="FNanchor_135_135"></a><a href="#Footnote_135_135" class="fnanchor">[135]</a> It is, indeed, well -known that the law has made rigorous provision for preserving the rubber -zones, has regulated the manner in which they are to be worked, and has -made planting and replanting obligatory, with a view to avoiding the -complete exhaustion of the rubber plant which has occurred, for -instance, in North-eastern and Western Rhodesia.<a name="FNanchor_136_136" id="FNanchor_136_136"></a><a href="#Footnote_136_136" class="fnanchor">[136]</a> A heavy -responsibility in this direction lies on the Companies and private -persons engaged in developing the country, and it is obvious that they -are bound to exercise the most careful superintendence over the way in -which the harvest is collected. The object for which these forest guards -are employed, therefore, may well be quite different from that alleged -by the Consul; in any case, the complaints which have been made on this -head will form a subject for inquiry in the Congo, as also the other -remark of the Report that the manner in which these forest guards are -armed is excessive, and liable to abuse. It is to be here observed that -in calculating the number of these forest guards the Consul is obliged -to rely on hypothesis,<a name="FNanchor_137_137" id="FNanchor_137_137"></a><a href="#Footnote_137_137" class="fnanchor">[137]</a> and that he himself admits: “I have no means -of ascertaining the number of this class of armed men employed by the -A.B.I.R. Company.”<a name="FNanchor_138_138" id="FNanchor_138_138"></a><a href="#Footnote_138_138" class="fnanchor">[138]</a> He mentions that the gun of one of these men was -marked on the butt “Depôt 2210.” But it is evident that such a mark can -only have the significance which the Consul would like to see in it, in -so far as it can be proved that it refers to the numbering of the arms -used in the Concession, and such is not the case, since this particular -mark “Depôt” is not used either by the officials of the State or those -of the Company, and it would seem that it is an old manufactory or store -mark. In regard to the manner of arming the capitas, the Consul can -hardly be ignorant that the higher authorities have always given great -attention to the matter, which is, indeed, one surrounded with -difficulties, seeing that while on the one hand it is necessary to -consider the question of the personal protection of the capita, on<span class="pagenum"><a name="page_II_23" id="page_II_23"></a></span> the -other the possibility of the arms in question being used for improper -purposes must not be lost sight of. It is not only in the Circular of -the 20th October, 1900, which the Consul has reprinted, that this -question is dealt with; there is a whole collection of Circulars on the -subject, among which may be mentioned those of the 12th March, 1897, -31st May and 28th November, 1900, and 30th April, 1901. Copies of them -are annexed as proof of the fixed determination of the Government to see -that the law relating to this question is strictly enforced (Annex V). -Yet, in spite of all these precautions, the Consul has ascertained that -several capitas were not provided with permits (perhaps they might have -been found at the head office), and that two of them were furnished with -arms of precision.<a name="FNanchor_139_139" id="FNanchor_139_139"></a><a href="#Footnote_139_139" class="fnanchor">[139]</a> But these few infractions of the rule are -obviously not enough to prove the existence of a sort of vast armed -organization destined to strike terror into the natives. On the -contrary, the Circular of the 7th September, 1903, printed in Annex VII -of the Consul’s Report, is a proof of the care taken by the Government -that the regular black troops should always be under the control of -European officers.<a name="FNanchor_140_140" id="FNanchor_140_140"></a><a href="#Footnote_140_140" class="fnanchor">[140]</a></p> - -<p>Such are the preliminary remarks suggested by Mr. Casement’s Report, and -we reserve to ourselves the right of dealing with it more in detail as -soon as the Government shall be in possession of the results of the -inquiry which the local authorities are about to make. It will be -observed that the Government, in its desire not to seem to wish to avoid -the discussion, has not raised a question in regard to the manner, -surely unusual, in which His Britannic Majesty’s Consul has acted in a -foreign country. It is obviously altogether outside the duties of a -Consul to take upon himself, as Mr. Casement has done, to institute -inquiries, to summon natives, to submit them to interrogatories as if -duly authorized thereto, and to deliver what may be styled judgments in -regard to the guilt of the accused. The reservations called for by this -mode of procedure must be all the more formal, as the Consul was thus -intervening in matters which only concerned subjects of the Congo State, -and which were within the exclusive jurisdiction of the territorial -authorities. Mr. Casement, indeed, made it his business himself to point -out how little authorized he was to interfere when on the 4th September, -1903, he wrote to the Governor-General: “I have no right of -representation to your Excellency save where the persons or interests of -British subjects dwelling in this country are affected.” It is thus -obvious that he was aware that he was exceeding his duties by -investigating facts which concerned only the internal administration, -and so, contrary to all laws of Consular jurisdiction, encroaching on -the province of the territorial authorities.</p> - -<div class="blockquot"><p>“The grievances of the natives have been made known in this country -by——, who brought over a petition addressed to the King, praying -for relief from the excessive taxation and oppressive legislation -of which they complain.”</p></div> - -<p>These lines are extracted from the Report for 1903 of the British and -Foreign Anti-Slavery Society, and the natives referred to are the -natives of the Fiji Isles. The Report goes on:—</p> - -<div class="blockquot"><p>“The case has been brought before the House of Commons. The -grievances include forced labour on the roads, and restrictions -which practically amount to slavery; natives have been flogged -without trial by magistrate’s orders, and are constantly subject to -imprisonment for frivolous causes. Petitions lodged with the local -Colonial Secretary have been disregarded. Mr. Chamberlain, in reply -to the questions asked in Parliament, threw doubt upon the -information received, but stated that the recently appointed -Governor is conducting an inquiry into the whole situation in the -Fiji Islands, in the course of which the matter will be fully -investigated.”</p></div> - -<p>Such are also our conclusions in regard to Mr. Casement’s Report.</p> - -<p><i>Brussels, March 12, 1904.</i><span class="pagenum"><a name="page_II_24" id="page_II_24"></a></span></p> - -<h4>Annexe 1.</h4> - -<p class="c"><i>Déclaration de Mgr. Van Ronslé, Évêque de Thymbrium, Vicaire -Apostolique du Congo Belge.</i></p> - -<p>DANS son numéro du 23 Octobre, le “West African Mail” publie une série -de lettres du Révérend J. W. Weeks, missionnaire Anglais, établi à -Monsembe, district de Bangala. Ces lettres, émanant d’un auteur qui a -habité la contrée de longues années et qui proteste d’ailleurs de sa -parfaite sincérité et de sa bonne foi, m’offraient un intérêt -particulier, ayant moi-même parcouru et habité la contrée depuis -quatorze ans, et en étant revenu récemment.</p> - -<p>Mr. Weeks fait preuve de prudence en limitant ses considérations à ce -qu’il a vu sur les deux rives du Congo, entre Bokongo et Ikunungu, dans -les villages Bangala, avoisinant Nouvelle-Anvers; mais il se hasarde un -peu plus, en étendant ses affirmations à la plus grande partie du Congo -navigable, c’est-à-dire, du Stanley-Pool à Bopoto.</p> - -<p>Sa thèse est que, sur cet immense espace, les rives se dépeuplent et que -les tribus dégénèrent sous l’oppression de l’Etat, au moyen d’un système -d’impositions, de déportations, et d’amendes.</p> - -<p>Nous le reconnaissons, l’auteur ne formule pas positivement cette thèse -ainsi généralisée; mais après l’avoir formulée spécialement pour -Nouvelle-Anvers, il continue à décrire la situation générale de manière -à faire croire que les populations riveraines sont toutes décimées parce -que toutes sont également opprimées par le Gouvernement. Le lecteur ne -peut pas tirer d’autres conclusions de ses lettres, ni interpréter -autrement certaines propositions qui les résument.</p> - -<p>Le souci de la vérité nous engage à mettre le public en garde contre des -conclusions aussi hâtives.</p> - -<p>L’auteur sait que parmi les tribus <i>Bobangi</i> (citées sous les noms de -Bwembe, Bolobo, Lukolela), qui sont un <i>unfortunate dying people</i> (un -peuple qui dépérit), le Gouvernement n’a jamais fait de recrutement de -soldats ni de travailleurs, et que les impositions qui ont été exigées -de leurs nombreux villages, établis le long du fleuve sur un parcours de -100 lieues, consistent à ravitailler trois postes, dont celui de Yumbi -seul est important, et à entretenir (depuis deux ans) la route de la -ligne téléphonique—impositions réellement insignifiantes pour ceux qui -y mettent quelque peu de bonne volonté.</p> - -<p>C’est un fait, en outre, que ces populations subissaient de grandes -pertes dès 1890, époque à laquelle les impositions étaient nulles; et -c’est un autre fait que leurs voisins de la rive Française, qui ne sont -pas imposés, se meurent également, notamment ceux qui sont établis dans -les environs de la Mission Catholique des Révérends Pères Français: -Saint-Louis de Liranga. On pourrait d’ailleurs citer d’autres exemples -de populations qui s’éteignent quoique à l’abri d’oppression.</p> - -<p>Nous voilà donc en présence de dépeuplements qui ne sont certainement -pas causés par l’oppression, et auxquels il faut chercher d’autres -causes. Si donc les lettres de Mr. Weeks induisent en erreur pour la -généralité des cas, il est dès lors permis de douter qu’elles nous -exposent la situation véritable pour Nouvelle-Anvers. N’existe-t-il pas -là, aussi des causes autres que l’oppression?</p> - -<p>A notre avis, ces causes existent réellement. Il y en a deux qui tendent -non seulement au dépeuplement des rives, mais à l’extinction même des -tribus de Nouvelle-Anvers. Elles ne sont pas spéciales à cette région, -mais communes à tous les villages riverains du fleuve. Elles suffisent à -elles seules à expliquer une diminution extraordinaire de la population.</p> - -<p>La première et la principale, c’est l’épidémie qu’on nomme communément -la maladie du sommeil. Que cette maladie a enlevé beaucoup de monde, Mr. -Weeks en convient; mais il ajoute qu’il pense que le progrès de la -maladie a été activé par l’oppression et que sans celle-ci le mal -n’aurait pas été si tenace. Mr. Weeks a trop d’expérience de l’Afrique -pour ne pas s’apercevoir qu’il avance ici une inexactitude et une -erreur.</p> - -<p>Il le pense, mais il n’en donne pas la preuve. Il est un fait avéré et -reconnu par les médecins et par tous ceux qui ont observé la maladie du -sommeil, c’est que ce fléau, une fois introduit dans une région, en abat -lentement mais sûrement tous les habitants et reste, quoi qu’on fasse, -maître du terrain; une fois que ce mal a pris pied dans une population, -il la détruit sans merci, quelles que soient les conditions de -bien-être, de paix, et de tranquillité de cette population.</p> - -<p>A l’appui de ceci, nous donnerons deux exemples de dépérissement que -l’on ne pourra pas attribuer à l’oppression.</p> - -<p>Notre Mission de Berghe-Sainte-Marie, contaminée par le contact des -tribus Bobangi parmi lesquelles elle était située, a vu disparaître tous -ses habitants jusqu’au dernier. Les 100 familles qui s’y étaient formées -vivaient heureuses, dans des conditions presque idéales.</p> - -<p>Autre fait: Les journaux ont relaté que dans l’Uganda, des Colonies -Anglaises, on perd annuellement 50,000 personnes. Et aujourd’hui, à -propos d’une découverte qu’aurait faite le Colonel Bruce, dans la -matière en question, un journal écrit un article qui finit comme suit: -“La maladie du sommeil continue à faire d’énormes ravages dans l’Uganda. -Dans l’Ile de Brevuna, qui comptait 82,000 habitants, il n’y a plus que -22,000 individus, alors que la population de la Province de Basaga est -complètement éteinte.”</p> - -<p>Si le travail et les occupations avaient une influence sur la maladie, -ils auraient plutôt un effet tout à fait contraire à celui qu’on leur -attribue. Mais nous n’y insistons pas, parce que le travail lui-même -n’est pas un remède, mais tout au plus une espèce de réactif temporaire. -Jusqu’à présent aucun moyen n’a pu vaincre la ténacité de cette maladie; -mais, à notre avis, ses ravages seraient plus rapides en terrain inerte -et endormi qu’en terrain actif.</p> - -<p>Et voilà six ans que cette peste, indépendamment de toute autre cause, -fait journellement des victimes chez les riverains de Nouvelle-Anvers; -rien d’étonnant donc que la population y diminue rapidement, comme -partout ailleurs où la maladie règne.<span class="pagenum"><a name="page_II_25" id="page_II_25"></a></span></p> - -<p>La cause que je place au second rang, en raison de son importance, n’est -pas signalée par le Révérend Mr. Weeks. Elle consiste dans la -suppression du commerce des esclaves et dans le défaut de la natalité; -même l’hypothèse que les tribus Bangala fussent restées saines, cette -cause les aurait rendues incapables de maintenir leur population à -niveau, et aurait même eu pour effet de la diminuer considérablement.</p> - -<p>Mr. Weeks estime que la population de Nouvelle-Anvers atteignait les -50,000 en 1890. Nous avons observé que parmi cette population, il y -avait un nombre très considérable d’esclaves d’origine étrangère, -notamment des Mongo. Disons qu’un tiers n’était pas originaire de -Nouvelle-Anvers. Les Bangala les avaient acquis, soit par les guerres, -soit par les rachats. Cette source d’acquisition leur a été fermée par -le Gouvernement.</p> - -<p>La natalité leur restait comme seul moyen de remplacer les morts. Or, -même avant l’époque de la maladie, la moyenne des naissances était très -basse. J’estime qu’elle ne dépassait pas l’unité par femme. Je ne dis -pas par famille, parce que les hommes libres y sont tous polygames, au -détriment des hommes esclaves, qui le plus souvent, n’ont pas de femme. -Avec une telle moyenne de naissances, il ne leur était pas possible de -conserver le même nombre d’habitants, et le défaut de la natalité, -indépendamment de la maladie, causait nécessairement un recul. Or, -depuis que l’épidémie a fait son apparition, ce défaut est doublé, et au -moment où, à la suite des nombreux décès, le nombre des naissances -aurait dû croître, il a diminué graduellement à mesure que la maladie -devenait plus intense.</p> - -<p>Le Révérend Mr. Weeks constate avec nous que les enfants sont si peu -nombreux que le nombre des décès est de loin en avance sur celui des -naissances, mais il attribue ce fait à l’expatriation des jeunes gens.</p> - -<p>Qu’il veuille remarquer toutefois, que les jeunes Bangala qui ont été au -service de l’État ou des Compagnies Commerciales étaient, à de rares -exceptions près, d’anciens esclaves qui, généralement, ne possédaient -pas de femme. Cette considération infirme cette dernière manière -d’expliquer le petit nombre de naissances, la situation polygame restant -à peu près la même après comme avant le départ de ces jeunes gens. Je -pourrais corroborer ma manière de voir en citant l’exemple des tribus -Bobangi, où il n’y a pas eu d’expatriations du tout.</p> - -<p>Par ce qui a été dit, il est facile de comprendre que les deux causes -précitées, de nature, indépendamment l’une de l’autre, au lieu de -simplement réduire la population, sont assez puissantes pour l’éteindre -complètement dans le cas où elles se combinent, comme à Nouvelle-Anvers -et en général dans tous les villages riverains situés en aval de -Bohaturaku; et nous pouvons déjà conclure que les assertions de Mr. -Weeks, qui mettent tout le mal sur le compte de l’oppression, ne sont -pas soutenables.</p> - -<p>Il nous reste à signaler deux autres causes qui ne sont que secondaires. -Elles n’ont pas eu d’influence sur le dépérissement constaté chez la -race de Bangala: elles ont contribué relativement peu à diminuer le -nombre d’individus appartenant à cette race; mais elles ont hâté le -dépeuplement des rives du fleuve.</p> - -<p>—L’une de ces causes, c’est l’abandon des emplacements riverains pour -d’autres emplacements isolés à l’intérieur des terres, ou retirés dans -les îles.—Peut-on légitimement conclure, comme le fait Mr. Weeks, que -les populations quittent leurs villages pour échapper à des taxes qui -les oppriment? Aucunement, à notre avis. Il suffit qu’il lui soit -demandé un travail régulier quelconque aussi minime qu’il soit, pour que -l’indigène mette tout en œuvre pour s’y dérober. S’il juge le -déplacement comme un moyen sûr et efficace, il ne manquera pas d’y -recourir. Le transport et la reconstruction de ses habitations ne lui -demandent d’ailleurs pas grande besogne.</p> - -<p>Il est passionné pour la liberté sauvage qu’il goûtait avant l’arrivée -des Européens, et par laquelle l’homme libre vivait dans un <i>dolce -farniente</i>, passant ses journées à se reposer, à fumer, à boire, à -“palabrer” et à commander à ses esclaves.</p> - -<p>Il y a en outre chez le noir une tendance générale à éviter tout contact -avec les Européens, et à reculer devant la civilisation.</p> - -<p>Enfin, une mortalité extraordinaire est une cause suffisante pour -expliquer les déplacements; l’indigène, soit par superstition, soit par -motif d’hygiène, ne reste pas sur l’emplacement où les décès deviennent -nombreux.</p> - -<p>L’autre cause enfin consiste dans les expatriations des jeunes Bangala.</p> - -<p>Les engagements volontaires, d’abord, ont été nombreux. Se dérober, -prendre un terme de service à l’État ou aux Compagnies Commerciales, -voyager, voir du pays et gagner de l’argent était à la mode chez les -jeunes gens. Mais depuis trois ou quatre ans, le recrutement de -travailleurs chez la population riveraine de Nouvelle-Anvers a été -interdit par le Gouvernement. Un grand nombre, toutefois, de ceux qui se -sont ainsi engagés volontairement ne sont pas rentrés dans leurs foyers, -mais restent éparpillés—de plein gré—dans les différentes localités -d’Européens, parce qu’ils préfèrent leur état actuel à celui dans lequel -ils se trouvaient antérieurement dans leur village. On peut aussi -compter qu’il y a eu parmi ces expatriés volontaires un grand nombre de -décès, causés principalement par la dysenterie et la pneumonie, surtout -parmi ceux qui formaient les équipages des vapeurs.</p> - -<p>Viennent ensuite les recrutements de soldats. A ma connaissance, parmi -les populations de Nouvelle-Anvers, l’État n’a pas fait des recrutements -réguliers pour son armée permanente. Il a jadis recruté des Bangala dans -des circonstances exceptionnelles pour les employer comme auxiliaires -dans certaines expéditions. Ces auxiliaires ont été rapatriés, ou ont eu -l’occasion de l’être.</p> - -<p>Les déplacements de villages et les expatriations doivent être -considérés comme des causes partielles et secondaires, non pas du -dépérissement des tribus, mais simplement de l’abandon des rives, et il -n’est pas raisonnable d’en faire un grief au Gouvernement. L’aversion -profonde pour tout travail l’attrait pour la sauvage indépendance chez -l’homme libre; le désir de se soustraire à l’escla<span class="pagenum"><a name="page_II_26" id="page_II_26"></a></span>vage domestique et la -passion des voyages, chez la classe inférieure, voilà le fond où il faut -chercher les motifs de ces faits.</p> - -<p>En examinant en détail les lettres de Mr. Weeks, je n’aurais pas de -peine à y trouver d’autres considérations dignes d’être contredites, -mais je crois avoir fait un travail suffisant en montrant que la -dégénérescence et le dépeuplement constatés à Nouvelle-Anvers sont le -résultat de causes et d’influences étrangères à ce que l’auteur des -lettres appelle l’oppression.</p> - -<p class="r"> -(Signé) <span class="smcap">C. van RONSLÉ</span>.<br /> -</p> - -<p><i>Le 14 Novembre, 1903.</i></p> - -<h4>Annexe 2.</h4> - -<p class="c"><i>Notes du Consul Casement sur sa Visite aux Villages d’Ekanza et de -Bosunguma dans la Contrée de Ngombe, près de Mompoko, sur la Rive gauche -de l’Ileka, Affluent de la Lulongo.</i></p> - -<p class="nind"> -(Traduction.)<br /> -</p> - -<p class="r"> -<i>Le 17 Septembre, 1903.</i><br /> -</p> - -<p>En présence du Révérend W. D. Armstrong et du Révérend D. J. Danielson, -de la Congo Balolo Mission de Bouginda, de Vinda Bidiloa (“headman” du -Consul) et de Bateko, servant d’interprètes, et du Consul de Sa Majesté -Britannique.<a name="FNanchor_141_141" id="FNanchor_141_141"></a><a href="#Footnote_141_141" class="fnanchor">[141]</a></p> - -<p>Le Chef de cette section de Bosunguma, du nom de Tondebila, avec -beaucoup d’hommes du village et quelques femmes et enfants, étant -présents.</p> - -<p>Un garçon de 14 à 15 ans, du nom d’Epondo, dont la main gauche a été -coupée, et dont le moignon est enveloppé dans une pièce de tissu, la -blessure étant à peine guérie, apparaît, et en réponse à la question du -Consul, accuse de cette mutilation une sentinelle nommée Kelengo (placée -dans le village par l’agent local de la Société “La Lulonga” pour -veiller à ce que les noirs travaillent le caoutchouc).</p> - -<p>Cette sentinelle est appelée, et, après s’être fait quelque peu -attendre, se présente armé d’un fusil à capsule.</p> - -<p>L’enquête suivante sur les circonstances qui ont entouré la perte de la -main d’Epondo est faite alors:—</p> - -<p>Le Consul, par l’intermédiaire de Vinda, s’exprimant en Bobangi, et -Bateko, répétant ses paroles en Mongo pour Kelengo—et dans le dialecte -local pour les autres—demande à Epondo, en présence de l’accusé:</p> - -<p>“Qui a coupé votre main?”</p> - -<p>Epondo: “La sentinelle Kelengo que voilà.”</p> - -<p>Kelengo nie le fait, interrompant, et disant que son nom est Mbilu, et -non Kelengo. Le Consul le requiert de garder le silence—qu’il parlera -après.</p> - -<p>Le Chef du village, Tondebila, est appelé et questionné par le Consul, -par l’intermédiaire des interprètes.</p> - -<p>Après avoir été prié de dire la vérité sans crainte ni partialité, il -déclare:</p> - -<p>“La sentinelle Kelengo devant nous a coupé la main d’Epondo.”</p> - -<p>Le Consul: “Avez-vous été vous-même témoin de l’acte?”</p> - -<p>Réponse: “Oui.”</p> - -<p>Plusieurs des Chefs du village sont appelés par le Consul pour -témoigner.</p> - -<p>Au premier d’entre eux, qui déclare se nommer Mololi, le Consul demande, -en désignant le poignet mutilé d’Epondo:</p> - -<p>“Qui a coupé la main de ce garçon?”</p> - -<p>Mololi, désignant la sentinelle: “Cette homme-là l’a fait.”</p> - -<p>Le second, qui dit s’appeler Eyileka, est interrogé par le Consul: “Qui -a coupé la main de ce garçon?”</p> - -<p>Réponse: “Kelengo.”</p> - -<p>Le troisième, qui déclare se nommer Alondi, est interrogé par le Consul: -“Qui a coupé la main de ce garçon?”</p> - -<p>Réponse: “Cet homme-ci, Kelengo.”</p> - -<p>Mololi est questionné à nouveau:</p> - -<p>“Avez-vous, vous-même, vu cette sentinelle couper la main de ce garçon?”</p> - -<p>“Oui, je l’ai vu.”</p> - -<p>Eyikela est questionné à nouveau:</p> - -<p>“Avez-vous, vous-même, vu cette sentinelle couper la main de ce garçon?”</p> - -<p>Réponse: “Oui, je l’ai vu.”</p> - -<p>Alondi est questionné à nouveau:</p> - -<p>“Avez-vous, vous-même, vu cette sentinelle couper la main de ce garçon?”</p> - -<p>Réponse: “Je le croirais. Si je ne m’étais pas blessé ici—il montre une -coupure près du tendon d’Achille, au talon gauche—le même jour en -m’enfuyant effrayé. Mon propre couteau m’a blessé ... je l’ai laissé -tomber en m’enfuyant.”</p> - -<p>Le Consul questionne Epondo:</p> - -<p>“Combien de temps y a-t-il que votre main a été coupée?”</p> - -<p>Réponse: Il n’est pas sûr.<span class="pagenum"><a name="page_II_27" id="page_II_27"></a></span></p> - -<p>Deux jeunes hommes du même village, nommés Boujingeni et Maseli, -s’avancèrent et dirent qu’ils s’en souvenaient. Cela s’était passé -pendant qu’on défrichait la terre sur la rive devant la station à -Bonginda, quand on commençait à aménager un point d’accostage (un -“slip”) pour les steamers.</p> - -<p>Mr. Danielson déclare que le travail en question—le défrichement de la -rive—en vue de l’établissement du “slip” de la Mission de Bonginda, fut -commencé le 21 Janvier de cette année.<a name="FNanchor_142_142" id="FNanchor_142_142"></a><a href="#Footnote_142_142" class="fnanchor">[142]</a></p> - -<p>Botoko, d’Ekanza, une autre section du village de Bosunguma, est -questionné par le Consul:</p> - -<p>“Avez-vous vu couper la main de ce garçon?”</p> - -<p>Réponse: “Oui. Je ne l’ai pas réellement vu couper. Je vins et je vis la -main séparée et le sang couler sur le sol. Les gens s’étaient enfuis -dans toutes les directions.”</p> - -<p>Le Consul demande aux interprètes de demander s’il y en avait d’autres -qui avaient vu le crime et en accusaient Kelengo.</p> - -<p>Presque tous ceux qui étaient présents, à peu près quarante personnes, -presque tous des hommes, crièrent d’une seule voix que c’était Kelengo -qui l’avait fait.</p> - -<p>Le Consul: “Ils sont tous certains que c’était ce Kelengo que voici?”</p> - -<p>Réponse unanime: “Oui. Il l’a fait.”</p> - -<p>Le Consul demande à l’accusé Kelengo: “Avez-vous coupé la main de ce -garçon?”</p> - -<p>Cette question a été posée dans le langage le plus clair possible, et a -été répétée six fois, et il a été demandé qu’une réponse claire, par oui -ou par non, soit faite.</p> - -<p>L’accusé évite de répondre à la question, commençant à parler d’autres -choses n’ayant pas de rapport avec la question—par exemple, que son nom -était Mbilu et non Kelengo, et que les gens de Bosunguma lui ont fait de -méchantes choses.</p> - -<p>Il lui a été dit de se confiner dans les limites de la question qui lui -a été posée, qu’il pourrait parler d’autres choses après, mais que -maintenant il y avait lieu pour lui de répondre aux questions posées, -tout aussi simplement et tout aussi clairement que les autres avaient -répondu. Il avait entendu ces réponses et l’accusation portée contre -lui, et devait répondre aux questions du Consul de la même manière.</p> - -<p>L’accusé continua à parler de choses étrangères, et refusa ou évita de -donner de réponse à la question qui lui était posée.</p> - -<p>Après des tentatives répétées pour obtenir une réponse directe à la -question: “Avez-vous, ou n’avez-vous pas, coupé la main de ce garçon -Epondo?” le Consul dit: “Vous êtes accusé de ce crime.</p> - -<p>“Vous refusez de répondre aux questions que je vous pose clairement et -franchement comme vos accusateurs l’ont fait. Vous avez entendu leur -accusation.</p> - -<p>“Votre refus de répondre comme vous devriez répondre, à savoir par oui -ou par non, à une question directe et simple me laisse convaincu que -vous ne pouvez nier l’accusation. Vous avez entendu ce dont vous avez -été accusé par tout ce monde.</p> - -<p>“Puisque vous ne consentez pas à répondre comme ils l’ont fait, vous -pouvez raconter votre histoire comme vous voulez.</p> - -<p>“Je l’écouterai.”</p> - -<p>L’accusé commence à parler, mais avant que ses remarques puissent m’être -traduites par l’intermédiaire de Bateko d’abord, à qui il parle -directement, et de Vinda ensuite, un jeune homme s’avance hors de la -foule et interrompt.</p> - -<p>Il y eut du bruit, puis cet homme parla.</p> - -<p>Il dit qu’il était Cianzo, de Bosunguma. Il avait tué deux antilopes, et -il porta deux de leurs jambes à cette sentinelle Kelengo pour lui en -faire cadeau. Kelengo refusa son cadeau et lia sa femme. Kelengo dit que -ce n’était pas un cadeau suffisant pour lui, et il tint la femme de -Cianzo liée jusqu’à ce que lui (Cianzo) eût payé 1,000 baguettes de -laiton pour sa rançon.</p> - -<p>A ce moment un jeune homme, disant se nommer Ilungo, de Bosunguma, -s’avança dans le cercle et accusa Kelengo de lui avoir volé ouvertement -deux canards et un chien.</p> - -<p>Ils lui furent pris sans aucun motif, sinon que Kelengo en avait besoin, -et les prit de force.</p> - -<p>Le Consul se tourna de nouveau vers Kelengo, et l’invita à raconter son -histoire et à faire une réponse à l’accusation portée contre lui, de la -manière qui lui convenait. Le Consul ordonna le silence à tous, et leur -enjoignit de ne pas interrompre Kelengo.</p> - -<p>Kelengo dit qu’il n’a pas pris les canards d’Ilungo. Le père d’Ilungo -lui à donné un canard. (Tous rient.)</p> - -<p>Il est vrai que Cianzo a tué deux antilopes et lui en a donné deux -jambes en cadeau, mais il n’a pas lié la femme de Cianzo et n’a pas -demandé d’argent pour rançon.</p> - -<p>Le Consul: “C’est bien. Cela termine les canards et les jambes -d’antilope; mais maintenant je veux entendre parler de la main d’Epondo. -Racontez-moi ce que vous savez au sujet de la main coupée d’Epondo.”</p> - -<p>Kelengo élude de nouveau la question.</p> - -<p>Le Consul: “Dites-lui ceci. Il est posté par ses maîtres dans ce -village, n’est-ce pas? Ceci est son village. Maintenant en vient-il à -dire qu’il ne sait pas ce qui se passe ici, où il vit?”</p> - -<p>Kelengo dit: “Il est vrai que ceci est son village, mais il ne connaît -rien au sujet de la main coupée d’Epondo.</p> - -<p>“Peut-être c’était la première sentinelle ici avant qu’il ne vînt qui -était un très méchant homme et coupait les mains.</p> - -<p>“Cette sentinelle-là est partie; c’était elle qui coupait les mains, pas -lui, Mbilu. Il ne sait rien à ce sujet.”</p> - -<p>Le Consul: “Quel était le nom, alors, de cette méchante sentinelle, -votre prédécesseur, qui coupait les mains des gens? Le -connaissez-vous?”<span class="pagenum"><a name="page_II_28" id="page_II_28"></a></span></p> - -<p>Kelengo ne donne pas de réponse directe, et la question est répétée. Il -commence alors une déclaration au sujet de plusieurs sentinelles. Il en -nomme trois: Bobudjo, Ekua et Lokola Longonya, comme ses prédécesseurs -ici, à Bosunguma.</p> - -<p>Ici, un homme, nommé Makwombondo, bondit et interrompant affirma que ces -trois sentinelles ne résidaient pas à Bosunguma, mais avaient été -stationnées dans son propre village, le village de Makwombondo.</p> - -<p>Le Consul, à Kelengo: “Depuis combien de temps êtes-vous dans ce -village?”</p> - -<p>Réponse: “Cinq mois.”</p> - -<p>Le Consul: “En êtes-vous bien sûr?”</p> - -<p>Réponse: “Cinq mois.”</p> - -<p>Le Consul: “Connaissez-vous alors le garçon Epondo—l’avez-vous déjà -vu?”</p> - -<p>Réponse: “Je ne le connais pas du tout.”</p> - -<p>(Ici tout l’auditoire éclate de rire et certains expriment leur -admiration pour les aptitudes de Kelengo au mensonge.)</p> - -<p>Kelengo, continuant, déclara qu’il était possible qu’Epondo vînt du -village de Makwombondo. Quoi qu’il en soit, lui, Kelengo, ne connaît pas -Epondo. Il ne le connaît pas du tout.</p> - -<p>Ici Cianzo s’avance et dit qu’il est le propre frère d’Epondo; ils ont -toujours vécu ici. Leur père était Itengolo, mort maintenant; leur mère -est morte également.</p> - -<p>Le Consul, à Kelengo: “Alors c’est fini; vous ne connaissez rien de -cette affaire?”</p> - -<p>Kelengo: “C’est fini. Je vous ai dit tout. Je ne connais rien de cela.”</p> - -<p>Ici un homme, qui dit se nommer Elenge, d’Ekanza, la section voisine de -Bosunguma, s’avança avec sa femme. Il déclara que les autres -sentinelles, dans leur village, n’étaient pas aussi méchantes, mais que -ce Kelengo était un gredin.</p> - -<p>Kelengo a lié sa femme Sondi, la femme avec laquelle il se présenta, et -lui a fait payer 500 baguettes avant de la relâcher. Il les a payées.</p> - -<p>Ici le Consul demande à Epondo comment sa main a été coupée. Avec -Bonjingeni et Maseli, il déclara qu’il avait d’abord reçu un coup de feu -dans le bras et que, quand il tomba, Kelengo lui avait coupé la main.</p> - -<p>Le Consul: “Avez-vous senti qu’on vous la coupait?”</p> - -<p>Réponse: “Oui, je l’ai senti.”</p> - -<p>Ceci terminait l’enquête.</p> - -<p>Le Consul a informé le Chef Tondebila et les indigènes présents qu’il -ferait rapport au Gouvernement de ce qu’il avait vu et entendu et qu’il -lui demanderait de faire une enquête sur l’accusation portée contre -Kelengo, qui méritait une punition sévère pour ses actes illégaux et -cruels. Que les faits dont était accusé Kelengo étaient tout à fait -illégaux et que si le Gouvernement savait que des choses semblables se -commettent, ceux qui se rendent coupables de pareils crimes seraient, -dans chaque cas, punis.</p> - -<p class="r"> -(Signé) ROGER CASEMENT,<br /> -<i>Consul de Sa Majesté Britannique</i>.<a name="FNanchor_143_143" id="FNanchor_143_143"></a><a href="#Footnote_143_143" class="fnanchor">[143]</a><br /> -</p> - -<p>La déclaration qui précède a été lue par nous et nous déclarons par la -présente qu’elle est un compte rendu juste et fidèle de ce qui a été dit -en notre présence hier au village de Bosunguma, en témoignage de quoi -nous avons apposé nos signatures ci-dessous.</p> - -<p class="hang"> -(Signé) <span class="smcap">William Douglas Armstrong</span>.<br /> -<span class="smcap">D.-J. Danielson.</span><br /> -</p> - -<p>Signé par les prénommés William Douglas Armstrong et D.-J. Danielson, -missionnaires à Bonginda, ce 8 Septembre, 1903.</p> - -<p class="hang"> -(Signé) <span class="smcap">Roger Casement</span>,<br /> -<i>Consul de Sa Majesté Britannique</i>.<br /> -</p> - -<p>Je déclare par la présente que j’ai entendu lire par le Consul de Sa -Majesté Britannique la déclaration ci-dessus et qu’elle est un compte -rendu juste et fidèle des déclarations faites par les témoins -questionnés hier à Bosunguma par le Consul de Sa Majesté Britannique par -mon intermédiaire agissant comme interprète.</p> - -<p class="hang"> -(Signé) <span class="smcap">Vinda Bidiloa</span>.<br /> -</p> - -<p>Signé par Vinda Bidiloa, à Bonginda, ce 8 Septembre, 1903, par devant -moi,</p> - -<p class="hang"> -(Signé) <span class="smcap">Roger Casement</span>,<br /> -<i>Consul de Sa Majesté Britannique</i>.<br /> -</p> - -<p>Je certifie que ce qui précède est une copie véritable et fidèle des -notes originales, en ma possession, sur ce qui s’est passé le 7 -Septembre, 1903, au village de Bosunguma, dans la contrée de Ngombe, sur -la Rivière Lulanga, où je me suis rendu le 7 Septembre, 1903, sur la -demande d’indigènes de ce village.</p> - -<p>En foi de quoi j’ai apposé ci-dessous ma signature et le sceau de mon -office, à Lulanga, ce 9 Septembre, 1903.</p> - -<p class="hang"> -(Signé) <span class="smcap">Roger Casement</span>,<br /> -<i>Consul de Sa Majesté Britannique</i>.<br /> -</p> - -<h4>Annexe 3.</h4> - -<p class="c"><i>Enquête du Substitut du Procureur d’État, Gennaro Bosco, à charge de -Kelengo.</i></p> - -<p class="c">(Extraits relatifs à l’affaire Epondo.)</p> - -<p>L’an 1903, le 28 Septembre, à Coquilhatville, devant nous, Substitut, -comparaît Efundu, Chef du village Bosunguma, qui après serment, répond -comme d’après aux questions que nous lui posons:</p> - -<p class="c">* * * * * * * * </p> - -<p><i>D.</i> Parlez de la main d’Epondo?</p> - -<p><i>R.</i> Je ne puis que répéter ce qu’Epondo même m’a raconté. Il m’a dit -que dans les Bangala, il était allé à la chasse au sanglier avec un -camarade, dont il ne me dit pas le nom. Celui-ci blessa un sanglier et -il voulut l’attraper par les oreilles, mais le sanglier le mordit si -fortement qu’une main tomba, après gangrène.</p> - -<p><i>D.</i> Pourquoi les indigènes d’Ekanza et Bosunguma accusent-ils Kelengo?</p> - -<p><i>R.</i> Pour ne pas faire de caoutchouc. Kelengo est sentinelle de -caoutchouc. Les indigènes n’aiment pas de faire du caoutchouc et ont -décidé, sachant que les Anglais étaient là, de leur dire un mensonge -dans l’espoir de ne plus faire de caoutchouc.</p> - -<p><i>D.</i> Étiez-vous présent lorsque le Consul Anglais interrogeait les -indigènes?</p> - -<p><i>R.</i> Non, j’étais dans la forêt.</p> - -<p><i>D.</i> Lorsque le Consul Anglais fut parti, qu’est-ce que disaient entre -eux les indigènes?</p> - -<p><i>R.</i> “Maintenant, c’est bien. Maintenant qu’il croit qu’on m’a coupé la -main, nous ne ferons plus de caoutchouc; nous ne ferons que la kwanga.”</p> - -<p><i>D.</i> Avez-vous entendu dire que Kelengo avait tué un homme et coupé la -main à deux autres parce qu’on refusait de lui donner une antilope qu’on -avait tuée?</p> - -<p><i>R.</i> C’est ce qu’on est allé raconter aux Anglais, mais c’est un -mensonge.</p> - -<p><i>D.</i> Savez-vous que Kelengo a amarré pour la même raison la femme de -Ciango et qu’il ne l’a laissée qu’après un paiement de 1,000 mitakos?</p> - -<p><i>R.</i> C’est encore un mensonge. Je ne connais pas ce Ciango. C’est un nom -qui n’est pas même usité parmi les indigènes.</p> - -<p><i>D.</i> Savez-vous que Kelengo a volé un canard et un chien d’Ilungo?</p> - -<p><i>R.</i> Mensonge. Cet Ilungo n’existe pas.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -Le Substitut,<br /> -(Signé) BOSCO.<br /> -</p> - -<p>Après comparaît Mongombe, d’Ikandja, qui, interrogé, après serment, -déclare:</p> - -<p>Epondo a perdu la main à la chasse du sanglier dans les Bangala. -Lui-même l’a raconté en disant que son camarade, dont il ignore le nom, -avait blessé le sanglier, et il avait voulu l’attraper par les oreilles. -Le sanglier alors lui avait arraché la main.</p> - -<p class="c">* * * * * * * * </p> - -<p><i>D.</i> Pourquoi les indigènes accusent-ils Kelengo?</p> - -<p><i>R.</i> Ils ne veulent pas faire le caoutchouc et sont allés dire des -mensonges aux Anglais dans l’espoir de ne pas faire de caoutchouc, et -quand les Anglais sont partis, ils disaient: “Maintenant, c’est bien. -Maintenant plus de caoutchouc. Seulement la kwanga.” J’ai entendu ces -expressions plusieurs fois. Kelengo n’a pas amarré la femme de Sandjo, -ni tué personne. L’histoire de l’antilope est un mensonge. Je ne connais -pas Ilungo.</p> - -<p><i>D.</i> Êtes-vous au courant du complot des indigènes pour aller dire des -mensonges aux missionnaires?</p> - -<p><i>R.</i> Oui; j’ai entendu les indigènes se plaindre qu’ils travaillaient -beaucoup pour rien, que les Chefs s’emparaient des mitakos que les -blancs payaient pour la récolte du caoutchouc; enfin, qu’ils mouraient -de faim. Ils ajoutaient qu’ils avaient réclamé plusieurs fois -inutilement et qu’ils allaient essayer si, par l’intermédiaire des -Anglais, qui étaient très puissants, ils pouvaient obtenir de changer -leur sort. Et ils disaient: “Allons, allons vite, vite chez les Anglais; -allons dire que Kelengo coupe les mains.”</p> - -<p><i>D.</i> Avez-vous entendu ces mots?</p> - -<p><i>R.</i> Oui; je les ai entendus parfaitement.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -Le Substitut,<br /> -(Signé) BOSCO.<br /> -</p> - -<p>Après comparaît Bangwala, d’Ikandja, qui, interrogé, après serment, -déclare:—</p> - -<p class="c">* * * * * * * * </p> - -<p><i>D.</i> Parlez maintenant de la main d’Epondo.</p> - -<p><i>R.</i> Il l’a perdue à cause d’une morsure de sanglier, dans les Bangala. -C’est Epondo lui-même qui le disait.</p> - -<p><i>D.</i> Pourquoi les indigènes accusent-ils Kelengo?</p> - -<p><i>R.</i> Ils ne veulent plus faire de caoutchouc et ont cru, en accusant -Kelengo, de se soustraire à ce travail. J’ai entendu de mes oreilles -lorsqu’ils disaient: “Allons vite, vite dire des mensonges aux Anglais.” -Ils allèrent donc appeler les Anglais pour leur faire voir l’homme sans -mains et les Anglais<span class="pagenum"><a name="page_II_30" id="page_II_30"></a></span> vinrent. Et quand ils furent partis, ils disaient: -“Bien, bien, nous allons faire la kwanga seulement. Maintenant le -caoutchouc est fini.”</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après comparaît Momobo, de Bossunguma, qui, interrogé, après serment, -déclare:—</p> - -<p class="c">* * * * * * * * </p> - -<p>Epondo a perdu la main à cause de la morsure d’un sanglier; Kelengo n’a -tué personne.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après comparaît Ekumeloko, de Boselembe, travailleur à la Société -Lulonga, qui, interrogé, après serment, déclare:—</p> - -<p class="c">* * * * * * * * </p> - -<p><i>D.</i> Et qui a coupé la main d’Epondo?</p> - -<p><i>R.</i> Epondo arriva dans notre village sans une main et nous montra qu’un -sanglier la lui avait coupée.</p> - -<p><i>D.</i> Pourquoi les indigènes accusent-ils Kelengo?</p> - -<p><i>R.</i> Pour se soustraire au travail du caoutchouc; ils racontèrent des -mensonges aux Anglais et bornent leur travail à la kwanga pour les -Anglais.</p> - -<p><i>D.</i> Kelengo a-t-il tué quelqu’un?</p> - -<p><i>R.</i> Personne.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après, nous interrogeons l’un après l’autre Bundja, de Bosibendama, et -Bawsa, de Bossundjulu, travailleurs de la Société Lulonga, qui font une -déclaration identique à la précédente.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>L’an 1903, le 19 Septembre, devant nous, Substitut, comparaît Kelengo, -de Bokakata, qui, renseigné sur l’accusation qu’on lui fait, déclare:—</p> - -<p>Mon nom officiel (kombo na mukanda) est Mbilu, mais les indigènes -m’appellent Kelengo. Je n’ai pas coupé les mains d’Epondo.... Je ne -connais pas même Epondo. Je sais seulement qu’un sanglier lui a mordu la -main.... Du reste, je ne suis dans le village de Bosunguma que depuis -cinq mois. J’ai été surpris lorsque les indigènes m’ont accusé près des -Anglais, mais je dois vous dire que quelques jours après, ils m’ont -donné 100 mitakos pour que je n’aille pas réclamer chez le blanc et -m’ont avoué qu’ils avaient dit des mensonges aux Anglais pour se -soustraire au travail du caoutchouc. Je portai ces 100 mitakos à Bumba -(M. Dutrieux), qui dit: “Les indigènes sont des menteurs.”</p> - -<p><i>D.</i> Le Chef Tondebila dit qu’il vous a vu lorsque vous coupiez la main -d’Epondo.</p> - -<p><i>R.</i> Il est un menteur. D’ailleurs pourquoi s’est-il sauvé? Il a été -arrêté deux fois pour venir ici rendre son témoignage. La première fois -par Bumba, la seconde par le Commandant de la Compagnie (Braeckman), et -il a pris toujours la fuite. Moi aussi, j’aurais pu m’enfuir et je n’ai -pas voulu parce que je suis innocent.</p> - -<p><i>D.</i> Mololi, Botoko, Eykela, et Alondi vous accusent comme auteur de la -mutilation d’Epondo.</p> - -<p><i>R.</i> Ils mentent. Je ne connais ni Botoko, ni Eykela, ni Alondi. Je -connais seulement Mololi.</p> - -<p><i>D.</i> On vous accuse aussi d’avoir amarré la femme de Ciango parce que -celui-ci, ayant tué deux antilopes, ne vous en avait donné que les -cuisses et de n’avoir laissé cette femme qu’après avoir reçu un cadeau -de 1,000 mitakos. On vous accuse en outre d’avoir volé ou de vous être -emparé par force de deux canards et d’un chien appartenant à Ilungo. Que -répondez-vous?</p> - -<p><i>R.</i> Mensonge. Je ne connais pas Ciango. Je connais Ilungo, mais je n’ai -rien pris. Quand on m’apporte des cadeaux, je les accepte, mais je ne -prends pas les objets des indigènes, parce que Bumba nous l’a défendu -sous menace de nous mettre en prison.</p> - -<p><i>D.</i> Vous êtes accusé par Ilengi d’avoir amarré la femme de Sundi et de -l’avoir libérée seulement après paiement de 500 mitakos.</p> - -<p><i>R.</i> Mensonge. Ilundji et Sundi appartiennent à une autre section. Ils -dépendent d’une autre sentinelle, un nommé Ikangola. C’est un complot -des indigènes pour se soustraire au travail du caoutchouc. Ils me -disaient toujours qu’ils ne voulaient pas le faire, qu’ils préféraient -faire la kwanga pour les Anglais et prétendaient d’y parvenir avec leur -aide.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après, nous interrogeons successivement tous les témoins: Bandja, Bansu, -Ekumaleko, Mambo, Bangula, Monsumbu, Ffundu, pour leur demander depuis -combien de temps Kelengo se trouve à Bosunguma, et tous disent qu’il s’y -trouve depuis quatre mois.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>L’an 1903, le 4 Octobre, à Mampoko, devant nous, Substitut, à -Coquilhatville, comparaît Dutrieux, Charles-Alexandre, né à Namur, -Directeur de la Société Lulonga, qui, interrogé, après serment, -déclare:—</p> - -<p>Je connais Kelengo sous le nom de M’Bilo. Il est au service de le -Société Lulonga en qualité de garde forestier, depuis le mois de Mars -dernier. Sa tâche est uniquement celle d’accompagner les indigènes à la -récolte du caoutchouc et de leur empêcher de couper les lianes. Je ne -sais rien au sujet de l’atrocité dont on l’accuse.... Je ne sais pas -maintenant pourquoi on accuse Kelengo ou Mbilu d’avoir coupé une main à -un garçon. Je sais seulement que le nommé Kelengo ou Mbilu est venu chez -moi le jour d’arrivée du Lieutenant Braeckman, c’est-à-dire, sauf -erreur, le 12 Septembre, m’apporter 100 mitakos en me disant que les -indigènes les lui avaient donnés pour qu’il ne me dise pas qu’ils -avaient menti près des Anglais, dans le but de ne pas faire de -caoutchouc. Le Lieutenant Braeckman a fait rendre ces mitakos au Chef du -village de Bossunguma.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>(Signé) <span class="smcap">Dutrieux</span>.</p> - -<p> </p> - -<p>Après, Pingo, de Bokakata, qui, interrogé, après serment, déclare:—</p> - -<p>Je suis boy de M. Dutrieux. Un jour, le nommé Mbilu est venu chez mon -maître lui apporter 100 mitakos, disant que le Chef de Bossunguma, -nommé, si je ne me trompe, Mateka ou Lofundu, les lui avait donnés comme -cadeau pour qu’il n’aille pas dire que les indigènes avaient menti près -des Anglais en l’accusant d’avoir coupé une main à un gamin, mensonge -qu’ils avaient dit pour se soustraire au travail du caoutchouc.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>L’an 1903, le 6 Octobre, à Mampoko, devant nous, Substitut, à -Coquilhatville, comparaît le nommé Eponga, <i>alias</i> Mondondo, de -Bossunguma, qui, interrogé, après serment, déclare:—</p> - -<p>Epondo a une main coupée parce que, dans les Bangala, un sanglier la lui -a arrachée....</p> - -<p><i>D.</i> Pourquoi alors les habitants de votre village ont-ils accusé -Kelengo?</p> - -<p><i>R.</i> Pour se soustraire au travail du caoutchouc; ils ont dit des -mensonges aux Anglais, qui ont répondu: “Nous ferons une lettre au -Juge.”</p> - -<p><i>D.</i> Est-ce qu’ils ont ajouté quelque autre chose?</p> - -<p><i>R.</i> Non.</p> - -<p><i>D.</i> Combien de temps sont-ils restés dans votre village?</p> - -<p>Le témoin indique où se trouvait le soleil lorsqu’ils sont arrivés et -lorsqu’ils sont partis. Nous calculons qu’ils sont restés au moins -quatre heures.</p> - -<p><i>D.</i> Est-ce que les Anglais ont écrit quand ils étaient au village?</p> - -<p><i>R.</i> Oui; ils ont écrit sur un grand papier.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après comparaît Liboso, fils de Lekela, de Bossunguma, qui, interrogé, -après serment, déclare—</p> - -<p>Epondo a une main coupée parce qu’un sanglier l’a mordue....</p> - -<p><i>D.</i> Pourquoi les indigènes ont-ils accusé Kelengo?</p> - -<p><i>R.</i> Parce qu’ils étaient fatigués de faire du caoutchouc, qui n’était -plus dans leur forêt. Ils ont cru qu’avec l’intercession des Anglais ils -pourraient se soustraire à un travail très dur, et pour interposer les -Anglais, ils sont allés leur dire que la sentinelle de Bumba (Dutrieux) -avait coupé une main.</p> - -<p><i>D.</i> Qui est allé parler avec les Anglais?</p> - -<p><i>R.</i> Bodjengene et un autre, dont je ne me rappelle pas le nom. Les -Anglais dirent: “Vous mentez. Où est cet homme avec la main coupée? -Allez le prendre.” Alors ils sont allés chercher ... Epondo et l’ont -présenté aux Anglais.</p> - -<p><i>D.</i> Lorsque les Anglais sont venus à votre village, qu’est-ce qu’ils -ont fait?</p> - -<p><i>R.</i> Ils ont parlé avec les habitants qui se plaignaient de ce qu’ils -devaient travailler beaucoup. Ils disaient que le caoutchouc n’était -plus dans leur forêt, qu’ils voulaient faire un travail moins dur, comme -la kwanga et la pêche. Les Anglais répondirent: “C’est bien; vous êtes -des hommes de Bula Matari. Nous écrirons à Bula Matari.” Et dans leur -village ils firent une grande moukande, comme vous maintenant.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après comparaît Etoko, fils d’Ilembe, décédé, de Bossunguma, qui, -interroge, après serment, déclare:—</p> - -<p>Un sanglier coupa la main d’Epondo....</p> - -<p><i>D.</i> Pourquoi les indigènes ont-ils accusé Kelengo?</p> - -<p><i>R.</i> Pour rien. Pour se soustraire au travail du caoutchouc; ils ont dit -des mensonges aux Anglais.</p> - -<p><i>D.</i> Qui est allé parler aux Anglais?</p> - -<p><i>R.</i> Bodjengene.</p> - -<p><i>D.</i> Bodjengene seul?<span class="pagenum"><a name="page_II_32" id="page_II_32"></a></span></p> - -<p><i>R.</i> Oui; lui seul. Après, Epondo est allé travailler chez les Anglais, -où il se trouve maintenant....</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après comparaît Akindola, de Bossunguma, qui, interrogé, après serment, -déclare:—</p> - -<p>Un sanglier a coupé la main d’Epondo.</p> - -<p><i>D.</i> Pourquoi les indigènes accusent-ils Kelengo?</p> - -<p><i>R.</i> Non; ils n’accusent pas Kelengo.</p> - -<p><i>D.</i> N’étiez-vous pas présent lorsque le Consul Anglais est venu dans -votre village?</p> - -<p><i>R.</i> Non; j’étais dans la forêt et je ne sais rien de ce qui s’est -passé.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après comparaît Mafambi, de Bossunguma, qui, interrogé, après serment, -déclare:—</p> - -<p>Un sanglier a mordu la main d’Epondo, et c’est pour cela qu’il l’a -perdue.... Kelengo est innocent. Les habitants des Bossunguma l’ont -accusé espérant d’éviter la récolte du caoutchouc.</p> - -<p><i>D.</i> Êtes-vous allé à la Mission de Bonginda pour vous plaindre?</p> - -<p><i>R.</i> Moi, non, Bodjengene; et les Anglais lui ont répondu de s’adresser -au Juge.</p> - -<p><i>D.</i> Ikabo n’est-il pas allé chez les Anglais?</p> - -<p><i>R.</i> Non. Epondo alla chez les Anglais. Ikabo resta au village. Les -Anglais vinrent après chez nous et nous dirent que la question du -caoutchouc n’était pas de leur compétence.</p> - -<p><i>D.</i> Ont-ils recherché Ikabo?</p> - -<p><i>R.</i> Non; ils ont recherché Epondo seulement.</p> - -<p><i>D.</i> Les avez-vous vus?</p> - -<p><i>R.</i> Oui.</p> - -<p><i>D.</i> A quelle heure sont-ils venus et à quelle heure sont-ils partis?</p> - -<p>Le témoin, indiquant où se trouvait le soleil, fait supposer qu’ils sont -arrivés vers midi et sont repartis vers deux heures.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après comparaît Ekombo, de Bossunguma, qui, interrogé, après serment, -déclare:—</p> - -<p>Epondo a perdu la main à la chasse du sanglier.... Les indigènes ont -accusé Kelengo, espérant se soustraire au travail du caoutchouc.</p> - -<p><i>D.</i> Qui alla à Bonginda chez les Anglais pour leur parler?</p> - -<p><i>R.</i> Ikabo, Bodjengene, et Epondo. Les Anglais leur dirent de s’adresser -au Juge.</p> - -<p><i>D.</i> Ikabo, Bodjengene, et Epondo sont-ils restés à Bonginda ou sont-ils -rentrés à Bossunguma?</p> - -<p><i>R.</i> Ils sont rentrés, hors Epondo, qui est resté à Bonginda, et lorsque -les Anglais sont venus à Bossunguma Epondo les a accompagnés et est -retourné avec eux à Bonginda.</p> - -<p><i>D.</i> Est-ce que les Anglais vous ont dit: Le caoutchouc est fini?</p> - -<p><i>R.</i> Non. C’est nous qui l’avons dit.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après comparaît Mondonga, de Bossunguma, qui, interrogé, après serment, -déclare:—</p> - -<p><i>D.</i> Qui est allé à Bonginda pour appeler les Anglais?</p> - -<p><i>R.</i> Bodjengene.</p> - -<p><i>D.</i> Seulement lui?</p> - -<p><i>R.</i> Oui.</p> - -<p><i>D.</i> Ekabo et Epondo ne sont-ils pas allés à Bonginda?</p> - -<p><i>R.</i> Oui, mais après, parce que les Anglais ont dit de vouloir les voir. -Alors Ikabo est retourné au village et Epondo est resté à Bonginda. -Lorsque les Anglais sont venus à Bossunguma, Epondo les a accompagnés et -est rentré avec eux à Bonginda. Ikabo est resté à Bossunguma.</p> - -<p><i>D.</i> Quelle heure était-il lorsque les Anglais sont venus à Bossunguma?</p> - -<p><i>R.</i> D’après les indications du témoin, on dirait qu’ils sont arrivés -vers 1 heure de l’après-midi et sont rentrés vers 5 heures.</p> - -<p><i>D.</i> Est-ce qu’ils ont écrit à Bossunguma?</p> - -<p><i>R.</i> Non.</p> - -<p><i>D.</i> Le comparant fait une déclaration conforme à celle des autres -témoins en ce qui concerne la mutilation d’Epondo et les raisons pour -lesquelles les indigènes ont accusé Kelengo.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après comparaît Makurua, de Bossunguma, qui, après serment, déclare:—</p> - -<p>J’étais à la chasse et je ne sais rien du tout. Je sais seulement que -Kelengo n’a coupé aucune main.</p> - -<p><span class="pagenum"><a name="page_II_33" id="page_II_33"></a></span>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après comparaît Lopembe, de Bossunguma, qui, interrogé, après serment, -déclare:—</p> - -<p><i>D.</i> Qui est allé à Bonginda parler aux Anglais?</p> - -<p><i>R.</i> Personne. Nous n’avons pas appelé les Anglais.</p> - -<p><i>D.</i> Pourquoi les Anglais sont-ils alors venus à Bossunguma?</p> - -<p><i>R.</i> Parce que Bodjengene les a appelés pour la question du caoutchouc, -mais Kelengo n’a coupé la main à personne; il n’a tué personne; il n’a -amarré aucune femme....</p> - -<p><i>D.</i> Lorsque les Anglais sont arrivés à Bossunguma, Epondo où était-il?</p> - -<p><i>R.</i> Dans leur pirogue. Il les a accompagnés à Bossunguma, et quand ils -sont partis pour rentrer à Bonginda, il les a suivis et est resté avec -eux.</p> - -<p><i>D.</i> Lorsque les Anglais sont venus à Bossunguma, ont-ils écrit?</p> - -<p><i>R.</i> Oui. Ils ont écrit sur un petit papier, beaucoup plus petit que -celui sur lequel vous écrivez.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>L’an 1903, le 7 Octobre, à Bonginda, devant nous, Bosco Gennaro, -Substitut à Coquilhatville, comparaît Mr. Armstrong, William Douglas, -missionnaire, qui, interrogé, après serment, déclare:—</p> - -<p>Un Dimanche soir le nommé Ikabo, accompagné par deux ou trois indigènes, -vint à la Mission et demanda de parler au Consul Anglais. Je le vis, -mais je ne sais pas ce qu’il dit au Consul Anglais. Les indigènes -voulaient que le Consul les voyât.</p> - -<p><i>D.</i> Le Consul a-t-il interrogé lui-même Ikabo?</p> - -<p><i>R.</i> Je pense qu’il l’interrogea avec l’aide de son interprète et d’un -autre encore. Moi aussi je suis intervenu. Nous étions assis autour de -la même table, et moi-même j’ai posé des questions en m’adressant à un -noir, qui les répétait à Ikabo. Moi, je parlais le dialecte local de -Bonginda et le noir répétait mes demandes en langue Ngombe.</p> - -<p><i>D.</i> Quelles sont les questions que vous avez posées à Ikabo?</p> - -<p><i>R.</i> Je ne m’en rappelle pas exactement; mais elles se référaient à la -mutilation qu’on lui a faite subir.</p> - -<p><i>D.</i> Qui a dit qu’à Bossunguma il y avait un autre garçon avec la main -coupée?</p> - -<p><i>R.</i> Les indigènes qui accompagnaient Ikabo. Après, le lendemain, nous -sommes allés, avec M. le Consul, à Bossunguma, avons vu Epondo, et tout -le village nous dit que Kelengo l’avait mutilé. On dit aussi qu’il avait -tué un homme et lui avait coupé les deux mains. Le Consul dressa -procès-verbal à Bossunguma, où nous sommes restés deux ou trois heures. -Nous arrivâmes vers 7 heures du matin.</p> - -<p><i>D.</i> Les indigènes se sont-ils plaints que le travail du caoutchouc -était excessif et qu’ils voulaient un autre travail moins dur?</p> - -<p><i>R.</i> Ils se plaignaient toujours du travail du caoutchouc, et dans cette -occasion, ils répétèrent leurs plaintes. Nous les exhortâmes à continuer -à travailler pour leurs maîtres.</p> - -<p><i>D.</i> Comment alors expliquez-vous que les gens mêmes de votre Mission -ont crié deux fois, la première fois à la pirogue et la seconde au -bateau où se trouvait M. Spelier, agent de La Lulonga, que le caoutchouc -était fini et que les Sociétés devaient partir?</p> - -<p><i>R.</i> La première fois j’étais dans ma maison et j’ai entendu des cris -sans comprendre ce qu’ils disaient. La seconde fois j’étais dans -l’église; j’ai entendu encore des cris, sans pourtant comprendre ce -qu’on disait; mais, ayant vu les boys qui criaient, je les ai -réprimandés. Ils m’ont répondu qu’ils saluaient leurs amis qui étaient -sur le bateau, et en ce qui concerne la première fois, ayant fait une -enquête, on m’a dit que c’étaient des gens qui n’appartenaient pas à la -Mission qui avaient crié, des Ngombe et des indigènes de Bokemjola (près -de Boieka).</p> - -<p><i>D.</i> Pourtant, croyez-vous que ces cris aient été réellement poussés?</p> - -<p><i>R.</i> Il est très possible que le caoutchouc est la bête noire des -indigènes. Je ne crois pas que les hommes de la Mission aient poussé ces -cris, puisqu’ils ne s’occupent pas de caoutchouc, et nous sommes très -prudents à ce sujet, ayant soin de ne pas en parler.</p> - -<p><i>D.</i> Comment expliquez-vous le bruit que maintenant on ne doit plus -faire de caoutchouc et que le Consul Anglais allait supprimer ce travail -dans toute la rivière?</p> - -<p><i>R.</i> Le désir est père de la pensée. Les noirs sont paresseux, et ils -seraient capables de tout complot pour éviter de travailler, partant de -faire du caoutchouc. Du reste, lorsque le Consul Anglais est allé à -Bossunguma, il a dit qu’il aurait porté à la connaissance de la justice -le crime, dont on accusait Kelengo, mais il n’a pas dit un mot qui pût -être interprété, soit comme instigation à ne pas travailler, soit comme -promesse de son intercession près des autorités de l’État, pour la -suppression ou la diminution du travail.</p> - -<p><i>D.</i> D’après votre opinion, depuis combien de temps la mutilation a eu -lieu?</p> - -<p><i>R.</i> Je ne saurais pas, mais on dit depuis six mois.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>(Signé) <span class="smcap">W.-D. Armstrong</span>.</p> - -<p>Après comparaît Epondo, de Bossunguma. Le comparant a la main gauche -coupée. Il prête serment et déclare:—</p> - -<p>Il ne comprend que le Ngombe, et comme à la Mission Anglaise il n’y a -personne qui connaisse cette langue, nous l’interrogeons, par -l’entremise de son frère Nnele, boy de la Mission Anglaise, qui prête -serment de remplir fidèlement la mission qui lui est confiée, et nous -procédons à l’interrogatoire d’Epondo.</p> - -<p><i>D.</i> Qui vous a coupé la main?</p> - -<p><i>R.</i> Kelengo.<span class="pagenum"><a name="page_II_34" id="page_II_34"></a></span></p> - -<p><i>D.</i> Pourquoi?</p> - -<p><i>R.</i> Pour le caoutchouc. Il est venu faire la guerre dans notre village -et a tué Elua et m’a coupé une main. Je suis tombé presque mort. Je me -suis réveillé après un certain temps et je me suis trouvé sans main.</p> - -<p><i>D.</i> Connaissez-vous Bossole?</p> - -<p><i>R.</i> Non; je connais Kelengo.</p> - -<p><i>D.</i> Êtes-vous sûr que c’est Kelengo qui vous a coupé la main? Ce n’est -pas Bossole?</p> - -<p><i>R.</i> Non; c’est Kelengo.</p> - -<p> </p> - -<p><i>D.</i> Dans le temps, n’êtes-vous pas allé chez les Bangala?</p> - -<p><i>R.</i> Non; je suis resté toujours dans mon village.</p> - -<p><i>D.</i> Votre main ne vous a-t-elle pas été enlevée par un sanglier?</p> - -<p><i>R.</i> Non. Kelengo me l’a coupée.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p> </p> - -<p>Après nous interrogeons Nnele, qui, après serment, déclare:—</p> - -<p>Je ne savais pas que mon frère avait la main coupée. Je le vis revenir -avec les Anglais avec la main coupée, et c’est alors qu’il m’apprit que -c’était Kelengo qui la lui avait coupée.</p> - -<p>Dont procès-verbal lu et signé, hors le témoin illettré.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>(Signé) <span class="smcap">Nnele</span>.</p> - -<p> </p> - -<p>Après comparaît nouvellement Mr. Armstrong, qui, après serment, -déclare:—</p> - -<p><i>D.</i> Depuis combien Nnele est au service de la Mission?</p> - -<p><i>R.</i> Depuis environ cinq ans.</p> - -<p><i>D.</i> Vous a-t-il jamais dit d’avoir un frère sans une main?</p> - -<p><i>R.</i> Non; jamais.</p> - -<p>Dont procès-verbal lu et signé.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>(Signé) <span class="smcap">W.-D. Armstrong</span>.</p> - -<p> </p> - -<p>Nous, Substitut, donnons ordre à Epondo de nous suivre à Mampoko.</p> - -<p>Après, le même jour, à Mampoko, comparaît nouvellement Epondo, que nous -interrogeons nouvellement avec l’aide de Korony, qui prête entre nos -mains le serment d’accomplir fidèlement la mission d’interprète qui lui -est confiée. Epondo prête nouvellement serment et déclare:—</p> - -<p><i>D.</i> Êtes-vous esclave de Bandebonja? Vous a-t-il conduit dans la Ngiri?</p> - -<p><i>R.</i> Je ne connais ni Bandebonja ni la Ngiri.</p> - -<p><i>D.</i> N’avez-vous jamais été blessé à la chasse du sanglier? Ne vous -a-t-il pas mordu à la main?</p> - -<p><i>R.</i> Non; jamais. Kelengo m’a coupé la main.</p> - -<p><i>D.</i> Les habitants de votre village ne vous ont-ils pas suggéré -d’accuser Kelengo près des Anglais pour se soustraire au travail du -caoutchouc?</p> - -<p><i>R.</i> Il y a presque un mois, deux Anglais sont venus à notre village et -nous ont dit: Beaucoup de monde meurt pour le caoutchouc. Dorénavant -vous ne ferez plus de caoutchouc, vous ferez seulement la kwanga pour -nous.</p> - -<p>Nous, Substitut, appelons, comme second interprète, Munenge Gabriel, -qui, après serment, traduit la réponse d’Epondo identiquement à Korony. -La réponse est rappelée deux fois.</p> - -<p><i>D.</i> Qui étaient ces Anglais?</p> - -<p><i>R.</i> Torongo et Mongongolo. Ils m’ont vu, m’ont questionné et m’ont fait -aller avec eux à Bonginda. Les habitants de mon village ne m’ont jamais -suggéré de dire que Kelengo m’avait coupé la main. Les Anglais m’ont -fait monter dans leur bateau et m’ont conduit à Coquilhatville pour me -montrer au Juge, mais le Juge était dans l’Ubangi. Alors nous sommes -allés à Bolengi, et après Mongongolo est allé en Europe et moi je suis -retourné en pirogue à Bonginda.</p> - -<p><i>D.</i> Les Anglais vous ont-ils photographié?</p> - -<p><i>R.</i> Oui, à Bonginda et à Lulanga. Ils m’ont dit de mettre bien en -évidence le moignon. Il y avait Nnele, Mongongolo, Torongo et autres -blancs dont je ne connais pas les noms. Ils étaient les blancs de -Lulanga. Mongongolo a porté avec six photographies.</p> - -<p>Dont procès-verbal lu et signé.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>L’an 1903, le 8 Octobre, devant nous, Substitut, comparaît Bofoko, Chef -du village Ikandja. Comparaît aussi, comme interprète, le nommé Korony, -qui prête entre nos mains le serment de remplir fidèlement la mission -qui lui est confiée. Le comparant Bofoko prête serment et déclare:—</p> - -<p><i>D.</i> Savez-vous qui a coupé la main d’Epondo ...?</p> - -<p><i>R.</i> Personne n’a coupé la main d’Epondo. Il est allé avec son maître -Makekele à la chasse au sanglier à Malela, dans le district des Bangala, -et le sanglier lui a arraché la main. C’est lui-même qui, à son retour -dans son village, nous a raconté d’avoir été victime de cet accident de -chasse....<span class="pagenum"><a name="page_II_35" id="page_II_35"></a></span></p> - -<p><i>D.</i> Lorsque d’après les coutumes indigènes, on coupe une main pour -punir quelqu’un, quelle est la main que l’on coupe?</p> - -<p><i>R.</i> Toujours la main droite.</p> - -<p><i>D.</i> Pourquoi alors les habitants de Bossunguma ont-ils accusé Kelengo -d’avoir commis ces atrocités?</p> - -<p><i>R.</i> Parce qu’ils trouvent que le travail du caoutchouc est trop dur et -ont cru de pouvoir s’en libérer, et pour les induire à s’en occuper, ils -sont allés leur conter des mensonges.</p> - -<p><i>D.</i> Pourquoi vous-même avez-vous déclaré au Consul Anglais avoir vu la -main coupée par terre; le sang coulait et les habitants du village qui -couraient dans toutes les directions?</p> - -<p><i>R.</i> Je n’ai pas parlé avec les Anglais. Je ne les ai pas même vus. -Quand ils sont arrivés à Bossunguma, je n’étais pas là.</p> - -<p><i>D.</i> Vous mentez, parce que le Consul Anglais déclare avoir parlé avec -vous.</p> - -<p><i>R.</i> Oui, c’est vrai. J’y étais. J’ai dit comme les autres. Tout le -monde se plaignait que le travail du caoutchouc était trop dur.</p> - -<p><i>D.</i> Et le Consul Anglais qu’est-ce qu’il a dit?</p> - -<p><i>R.</i> Il a dit qu’il aurait parlé au Juge et il a écrit un grand papier -pour vous.</p> - -<p><i>D.</i> Donc, vous n’avez pas vu la main coupée, le sang qui coulait, les -gens qui se sauvaient dans toutes les directions?</p> - -<p><i>R.</i> Non; je n’ai rien vu.</p> - -<p><i>D.</i> Est-ce que Kelengo aurait tué ou blessé quelqu’un? A-t-il amarré -des femmes?</p> - -<p><i>R.</i> Non; il n’a tué personne. Il n’a amarré aucune femme. On a dit -comme ça pour interposer les Anglais, pour faire voir que le blanc était -violent.</p> - -<p><i>D.</i> Où sont Tonbebola, Mileli, Eykela, Alondi, Boningeni, Mopili? -Pourquoi ne sont-ils pas venus?</p> - -<p><i>R.</i> Ils sont dans la forêt; ils ont peur.</p> - -<p>Dont procès-verbal lu et signé.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après comparaît Mongombe, d’Ikondju, qui, après serment, déclare:</p> - -<p>J’atteste qu’Epondo, d’après ce que lui-même a raconté, a perdu la main -gauche à la chasse au sanglier. La bête blessée l’aurait attaqué et lui -aurait arraché la main. Ce ne serait pas arrivé dans le village, mais -dans le pays des Bangala, où il était avec un homme dont j’ignore le -nom....</p> - -<p><i>D.</i> Lorsque les indigènes coupent les mains pour punir ou pour se -venger, coupent-ils la main droite ou la main gauche?</p> - -<p><i>R.</i> Toujours la main droite.</p> - -<p><i>D.</i> Pourquoi a-t-on accusé Kelengo?</p> - -<p><i>R.</i> Nous sommes fatigués du caoutchouc et avons voulu obtenir une -diminution de travail avec l’aide du Chef des Anglais, en lui montrant -la violence du blanc. En effet les Anglais sont arrivés et ont fait un -grand papier pour le Juge. Leur Chef disait: “Nous verrons, nous -verrons.”</p> - -<p><i>D.</i> Savez-vous si Kelengo a tué quelqu’un, s’ils ont amarré des femmes?</p> - -<p><i>R.</i> Non. Il n’a tué personne et il n’a amarré aucune femme.</p> - -<p><i>D.</i> Où sont Tondebola, Molili, Eykela, Alondi, Bonsigeni, Mopili?</p> - -<p><i>R.</i> En fuite; ils ont peur.</p> - -<p>Dont procès-verbal lu et signé.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après nous interrogeons successivement Lopimbe, de Bassombwene, Boloko, -de Bossunguma Alekois, de Bassombwene, Itoke et Itobe, de Bossunguma, et -leur posons les mêmes questions que nous avons posées aux deux -précédents témoins. Les comparants prêtent serment et répondent -identiquement concordément à Botoko et Monjombeki, affirmant l’innocence -absolue de Kelengo.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<p>Après comparaît nouvellement Epondo, qui prête serment et déclare:</p> - -<p><i>D.</i> Persistez-vous à accuser Kelengo de vous avoir coupé la main -gauche?</p> - -<p><i>R.</i> Non; j’ai menti.</p> - -<p><i>D.</i> Racontez alors comment et quand vous avez perdu la main.</p> - -<p><i>R.</i> J’étais esclave de Monkekola, à Malele, dans le district des -Bangala. Un jour, j’allai avec lui à la chasse au sanglier. Il en blessa -un avec une lance, et alors la bête, devenue furieuse, m’attaqua. Je -tâchai de me sauver avec la suite, mais je tombai, le sanglier fut -bientôt sur moi, m’arrachant la main gauche, au ventre et à la hanche -gauche. Le comparant montre les cicatrices aux endroits désignés et -spontanément se met par terre pour faire voir dans quelle position il se -trouvait lorsqu’il fut attaqué et blessé par le sanglier.</p> - -<p><i>D.</i> Depuis combien de temps cet accident vous est-il arrivé?</p> - -<p><i>R.</i> Je ne me rappelle pas. C’est depuis longtemps.</p> - -<p><i>D.</i> Pourquoi alors aviez-vous accusé Kelengo?</p> - -<p><i>R.</i> Parce que Momaketa, un des Chefs de Bossunguma, me l’a dit et après -tous les habitants de mon village me l’ont répété.</p> - -<p>Dont procès-verbal lu et signé.</p> - -<p class="r"> -(Signé) BOSCO.<br /> -</p> - -<h4>Annexe 4.</h4> - -<h5>(A.)</h5> - -<p class="c"><span class="smcap">État Indépendant du Congo.</span></p> - -<p class="c">(Département de l’Intérieur.)</p> - -<p class="c"><i>District de <span class="bblankk-space-in-text"> </span>, No. <span class="bblankk-space-in-text"> </span>.</i><a name="FNanchor_144_144" id="FNanchor_144_144"></a><a href="#Footnote_144_144" class="fnanchor">[144]</a></p> - -<p class="c"><i>Chefferies Indigènes.</i></p> - -<p class="c">(Arrêté du 2 Janvier, 1892.—Formule No. 1.)</p> - -<p class="c"><i>Procès-verbal d’Investiture.</i></p> - -<p>L’an 1880 <span class="bblankk-space-in-text"> </span> le <span class="bblankk-space-in-text"> </span> jour du mois -d<span class="bblankk-space-in-text"> </span> Nous, Commissaire de District d[blank space in -text], avons confirmé<a name="FNanchor_145_145" id="FNanchor_145_145"></a><a href="#Footnote_145_145" class="fnanchor">[145]</a> <span class="bblankk-space-in-text"> </span> chef de<a name="FNanchor_146_146" id="FNanchor_146_146"></a><a href="#Footnote_146_146" class="fnanchor">[146]</a> et de la -région de<a name="FNanchor_147_147" id="FNanchor_147_147"></a><a href="#Footnote_147_147" class="fnanchor">[147]</a> <span class="bblankk-space-in-text"> </span> relevant du Chef de<a name="FNanchor_148_148" id="FNanchor_148_148"></a><a href="#Footnote_148_148" class="fnanchor">[148]</a> [blank -space in text] dans l’autorité qui lui est attribuée par les us et -coutumes locaux en tant qu’ils n’ont rien de contraire à l’ordre public -ni aux lois de l’État et lui avons fait remise de l’insigne décrit à -l’Article 3 de l’Arrêté du 2 Janvier, 1892.</p> - -<p>Le Chef prédésigné s’est engagé à fournir les prestations annuelles -indiquées au tableau ci-annexé et à exécuter ou faire exécuter les -travaux y mentionnés.</p> - -<p>De tout quoi nous avons dressé le présent procès-verbal en double -original aux jour, mois et an que dessus.</p> - -<p class="r"> -Le Commissaire de District,<br /> -</p> - -<p class="indd"> -Le Chef reconnu,<br /> -</p> - -<p>N.B.—Ce Chef est le successeur du Chef <span class="bblankk-space-in-text"> </span> confirmé -suivant le procès-verbal No. <span class="bblankk-space-in-text"> </span>.</p> - -<h5>(B.)</h5> - -<p>Chefferies indigènes reconnues.</p> - -<p class="r"> -District de <span class="bblankk-space-in-text"> </span>.<br /> -</p> - -<p class="c"> -<span class="smcap">Tableau</span> Statistique Chefferie de <span class="bblankk-space-in-text"> </span>.<br /> -<br /> -(Arrêté du 2 Janvier, 1892.—Formule No. 2.)<br /> -</p> - -<table border="1" cellpadding="1" cellspacing="0" summary="" - class="smlc"> - -<tr><td rowspan="2">Villages<br /> - soumis à<br /> -l’Autorité<br /> - du Chef.</td> - - <td rowspan="2">Leur<br /> -Situation<br /> -et leurs<br /> -Limites.</td> - - <td rowspan="2">Noms de<br /> -Sous-Chefs<br /> - et des<br /> -Notables.</td> - -<td rowspan="2">Nombre<br /> - des<br /> -Cases.</td> - -<td colspan="3">Population.</td> - -<td rowspan="2">Observations.</td></tr> - -<tr><td>Hommes.</td> - -<td>Femmes.</td> - -<td>Enfants.</td></tr> - -<tr><td align="left" class="hgight"><span class="bblankk-space-in-table"> </span></td> -<td align="left"><span class="bblankk-space-in-table"> </span></td><td align="left"></td> -<td align="left"><span class="bblankk-space-in-table"> </span></td><td align="left"></td> -<td align="left"><span class="bblankk-space-in-table"> </span></td><td align="left"></td> -<td align="left"><span class="bblankk-space-in-table"> </span></td></tr> -</table> - -<h5> -(C.)<br /> -</h5> - -<p>Chefferies indigènes reconnues.</p> - -<p class="r"> -District de <span class="bblankk-space-in-text"> </span>.<br /> -</p> - -<p class="c"><span class="smcap">Tableau</span> des prestations annuelles à fournir par le Chef de [blank space -in text].</p> - -<p class="c">(Arrêté du 2 Janvier, 1892.—Formule No. 3.)</p> - -<table border="1" cellpadding="1" cellspacing="0" summary="" - class="smlc"> - -<tr><td>Villages<br /> - soumis à<br /> -l’Autorité<br /> - du Chef.</td> -<td> - Produits<br /> -à fournir<br /> -par chaque<br /> - Village.<br /> -</td> -<td> - -Corvées.</td> -<td> - -Travailleurs. -</td> -<td> -Soldats. -</td> -<td> - Travaux<br /> - à<br /> -Exécuter. -</td> -<td> - -Observations.</td></tr> -<tr><td align="left" class="hgight"><span class="bblankk-space-in-table"> </span></td> -<td align="left"><span class="bblankk-space-in-table"> </span></td> -<td align="left"><span class="bblankk-space-in-table"> </span></td> -<td align="left"><span class="bblankk-space-in-table"> </span></td> -<td align="left"><span class="bblankk-space-in-table"> </span></td> -<td align="left"><span class="bblankk-space-in-table"> </span></td> -<td align="left"><span class="bblankk-space-in-table"> </span></td></tr> -</table> - -<p class="r"> -Le Commissaire de District,<br /> -</p> - -<p>Le Chef indigène reconnu.</p> - -<h4>Annexe 5.</h4> - -<h5>(A.)</h5> - -<p class="c"><i>Circulaire Interprétative des Prescriptions concernant les Formalités -du Permis de Port d’Armes.</i></p> - -<p class="r"> -<i>Boma, le 12 Mars, 1897.</i><br /> -</p> - -<p>J’ai constaté, au sujet des prescriptions concernant les formalités du -permis de port d’armes, des divergences d’interprétation qu’il convient -de dissiper.</p> - -<p>Certaines personnes pensent, à tort, qu’il suffit de se munir <i>d’un -seul</i> permis de port d’armes, sans avoir à tenir compte ni de l’usage -qui sera fait des armes importées, ni de leur lieu de destination.</p> - -<p>Ainsi que le dit le dernier paragraphe de ma Circulaire A, VI. 58, du 8 -Juillet, 1893, la taxe de 20 fr., exigée pour la délivrance des permis -de port d’armes, ne doit être perçue <i>qu’une seule fois par permis, -quelle que soit la quantité d’armes y figurant</i>; mais il doit être bien -entendu qu’il faut un permis <i>distinct par destination des armes</i>, -c’est-à-dire, qu’autre le permis individuel, il y a le permis par -établissement et par bateau.</p> - -<p>Les capitas qui, dans le Haut-Congo, parcourent le pays pour compte de -commerçants et qui sont pourvus d’un fusil, doivent également être munis -d’un permis de port d’armes.</p> - -<p>Je rappelle à ce propos que les capitas ne peuvent avoir en leur -possession aucune arme perfectionnée autre que le fusil à piston <i>non -rayé</i>; des permis de port d’armes ne pourront, en conséquence, leur être -délivrés que pour des fusils de l’espèce, et ceux concernant des fusils, -“Albini” ou “Chassepot” qui se trouveraient entre leurs mains devraient -être retirés.</p> - -<p>Les commerçants peuvent seuls disposer, pour la défense éventuelle de -leurs factoreries et bateaux de fusils “Albini,” “Chassepot” ou autres -armes rayées.</p> - -<p>Jusqu’ici on s’était servi d’un imprimé, uniforme pour la délivrance de -permis de port d’armes.</p> - -<p>Afin que des erreurs ne puissent plus se produire à l’avenir, il sera -fait usage, selon le cas, des imprimés dont les modèles sont ci-contre.</p> - -<p>Celui portant la lettre (A) est l’imprimé ancien dont l’emploi sera -exclusivement réservé à la délivrance de permis individuels.</p> - -<p>Celui portant la lettre (B) est l’imprimé qui servira aux permis à -délivrer pour des armes destinées à la défense d’un établissement ou -d’un bateau.</p> - -<p>Celui portant la lettre (C) est l’imprimé à utiliser pour les permis se -rapportant aux fusils à piston confiés aux capitas.</p> - -<p>Ces permis ne doivent pas indiquer les noms des capitas qui en sont -porteurs; ils peuvent être établis au nom d’un établissement et chaque -permis a une durée de validité de cinq années pour une <i>même</i> arme.</p> - -<p>Les Commissaires de District, Chefs de Zone, et Chefs de Poste ou leurs -délégués ont à exercer une surveillance très sérieuse pour empêcher que -les armes perfectionnées dont disposent les commerçants ne passent aux -mains des indigènes.</p> - -<p>Ils ont à vérifier minutieusement les permis de port d’armes et à faire -procéder à des poursuites lorsque ceux-ci ne sont pas strictement en -règle. Ils ont notamment à examiner si le nombre d’armes existant -correspond bien à celui renseigné sur les permis, et à faire saisir les -armes pour lesquelles les formalités prescrites n’auraient pas été -accomplies.</p> - -<p>Je crois utile de rappeler, au sujet des permis de port d’armes, le § 2 -de l’Article VI du Décret du 10 Mars, 1892 (“Bulletin Officiel” de 1892, -p. 14), sur les armes à feu:<span class="pagenum"><a name="page_II_38" id="page_II_38"></a></span></p> - -<p>“Le porteur d’un permis de port d’armes peut être requis, en tout temps, -par le Commissaire de District compétent de justifier de la possession -de l’arme ou des armes renseignées sur ce permis; à défaut de cette -justification, il encourra les pénalités prévues par l’Article IX du -Décret.”<a name="FNanchor_149_149" id="FNanchor_149_149"></a><a href="#Footnote_149_149" class="fnanchor">[149]</a></p> - -<p class="r"> -Le Gouverneur-Général,<br /> -(Signé) WAHIS.<br /> -</p> - -<h5>(B.)</h5> - -<p><i>Circulaire rappelant les Prescriptions sur l’Importation et la -Détention des Armes à Feu perfectionnées.</i></p> - -<p class="r"> -<i>Boma, le 31 Mai, 1900.</i><br /> -</p> - -<p>J’ai acquis la certitude que les commerçants établis sur le territoire -de l’État ne font aucun effort, malgré les pressantes recommandations -qui leur ont été adressées, pour remplir les obligations imposées par la -législation sur les armes à feu.</p> - -<p>Quantité d’armes qu’ils ont été autorisés à importer pour la défense des -établissements de négoce, des bateaux et la protection des capitas de -négoce ne sont pas inscrites sur les permis réglementaires ou figurent -sur des permis périmés, ou encore ont disparu sans qu’ils en aient été -donné connaissance aux autorités.</p> - -<p>J’ai l’honneur d’attirer encore l’attention des intéressés sur les -dispositions législatives en vigueur en cette matière, en les prévenant -que je donne les ordres les plus sévères pour la recherche des -infractions et l’application rigoureuse des pénalités édictées par -l’Article 9 du Décret du 10 Mars, 1892, reproduit ci-après:</p> - -<p>“Quiconque commettra ou laissera commettre par ses subordonnés des -infractions au présent Décret, ainsi qu’aux Arrêtés et Règlements -d’exécution, sera puni de 100 fr. à 1,000 fr. d’amende et de servitude -pénale n’excédant pas une année, ou de l’une de ces peines -seulement....”</p> - -<p>L’importation de toute arme perfectionnée, y compris le fusil à <i>piston -non rayé</i>, est subordonnée à la délivrance d’un permis de port d’armes.</p> - -<p>Celui-ci se subdivise, suivant la destination des armes, en trois -catégories:</p> - -<p>1. Le permis individuel ou particulier;</p> - -<p>2. Le permis collectif applicable aux armes destinées à la défense des -établissements de commerce ou des bateaux; il peut comprendre, suivant -le cas, vingt-cinq ou quinze fusils, maximum d’armes autorisées par le -Gouvernement, pour un établissement ou un bateau;</p> - -<p>3. Le permis de capita. Celui-ci ne peut comprendre qu’une seule arme, -le fusil à piston <i>non rayé</i>. Il ne doit pas indiquer le nom du capita -qui en est porteur, mais le nom de l’établissement auquel ce dernier est -attaché.</p> - -<p>Ce sont là les trois cas bien déterminés, où l’importation et l’usage -des armes perfectionnées sont autorisés.</p> - -<p>Les armes ne peuvent, en aucune circonstance, être distraites, sans -autorisation préalable, de leur première destination.</p> - -<p>Elles ne peuvent, sous aucun prétexte, être employées à des incursions à -l’intérieur des terres. La répression de séditions ou d’actes de -brigandage est <i>inclusivement</i> réservée aux autorités de l’État.</p> - -<p>Tout permis de port d’armes est valable pour cinq ans.</p> - -<p>Le porteur d’un permis peut être requis en tout temps par les -Commissaires de District, leurs délégués ou les agents du service des -finances, de justifier de la possession de l’arme ou des armes -renseignées sur ce permis; à défaut de cette justification, il encourra -les pénalités prévues par l’Article 9 du Décret du 10 Mars, 1892. -(Article 6 du Décret du 10 Mars, 1892, et Arrêté du 26 Mars, 1900.)</p> - -<p>Si, dans certaines circonstances, des chefs de factoreries avaient à -diriger des convois de négoce, soit par voie d’eau, soit par terre, à -travers des régions qu’ils jugeraient peu sûres, ils auraient, dans -chaque cas, à demander l’escorte nécessaire au Commissaire du District -dans lequel ils se trouvent, ou au Chef du Poste de l’État le plus -rapproché.</p> - -<p>Cette escorte ne peut, en aucune circonstance, être constituée par des -agents à leur service, à moins qu’ils n’aient obtenu, à ce sujet, un -permis qui ne pourra être délivré que par le Commissaire de District, et -qui devra se trouver entre les mains du chef de l’escorte et pouvoir -être exhibé à tout agent de l’État chargé du contrôle des armes.</p> - -<p>Les contraventions aux différentes prescriptions ci-dessus édictées, -pourront amener, outre les pénalités, la fermeture des établissements -qui auront contrevenu à la loi.</p> - -<p class="r"> -Le Gouverneur-Général,<br /> -(Signé) WAHIS.<br /> -</p> - -<h5>(C.)</h5> - -<p><i>Circulaire relative aux Prescriptions sur la Détention des Armes à Feu -perfectionnées à l’Usage des Maisons de Commerce.</i></p> - -<p class="r"> -<i>Boma, le 28 Novembre, 1900.</i><br /> -</p> - -<p>Je constate par des rapports qui me sont adressés des diverses parties -du territoire, que les prescriptions en matière d’armes à feu -perfectionnées à l’usage des Sociétés commerciales ne reçoivent pas leur -exécution.</p> - -<p>Depuis la publication, en Juin dernier, de ma Circulaire No. 30/g du 31 -Mai, 1900, qui a été adressée à tous les chefs des firmes commerciales -établies dans l’État, ces derniers auraient pu se mettre en règle -vis-à-vis de la loi, soit en demandant des permis de port d’armes, soit -en requérant les modifications nécessaires aux permis qu’ils possèdent -déjà, mais qui ne correspondent plus à l’armement de leurs factoreries, -ou au nombre maximum fixé par la loi, pour un établissement.</p> - -<p>Ils auraient pu donner des instructions formelles à leurs agents, à -l’effet de leur défendre de faire servir les armes à tir rapide à -d’autres usages qu’à celui de la défense des établissements de négoce, -et les fusils à piston à couvrir des convois de négoce, sans -autorisation préalable.</p> - -<p>Il m’a été signalé que ces dernières armes étaient parfois confiées à -des indigènes non munis de licences.</p> - -<p>L’inobservation des dispositions législatives et réglementaires -régissant l’importation et la détention des armes à feu, doit amener des -désordres qu’il faut empêcher.</p> - -<p>Ce n’est qu’en sévissant avec rigueur contre les personnes en faute -qu’on parviendra à faire respecter la loi.</p> - -<p>Je prescris donc à tous les fonctionnaires chargés des fonctions -d’officier de police judiciaire et notamment les Commissaires de -District, les Chefs de Zone, et leurs Chefs de Poste, de vérifier, -chacun dans son ressort, les permis de port d’armes et l’armement des -factoreries qui y sont établies. Toutes les infractions seront -constatées par procès-verbaux dont une expédition me sera transmise -concurremment avec celle qui doit être remise au Parquet.</p> - -<p>Les armes, objet du délit, devront être saisies.</p> - -<p>Ces vérifications doivent commencer dès la réception de la présente -Circulaire.</p> - -<p>Les autorités territoriales me feront rapport, à bref délai, sur les -prescriptions qui y sont contenues.</p> - -<p class="r"> -Le Gouverneur-Général,<br /> -(Signé) WAHIS.<br /> -</p> - -<h5>(D.)</h5> - -<div class="blockquot"><p><i>Circulaire faisant suite à l’Arrêté du 30 Avril, 1901, sur les -Permis de Port d’Armes édictant des Règles en ce qui concerne le -système qui sera dorénavant suivi en cette matière, ainsi que -concernant certaines mesures précautionnelles que les Commissaires -de District et les Chefs de Zone pourront prescrire et la sanction -administrative qui y sera attachée.</i></p></div> - -<p class="r"> -<i>Boma, le 30 Avril, 1901.</i><br /> -</p> - -<p>De récents événements ont encore démontré que les prescriptions en -matière d’armes à feu étaient à chaque instant violées par les chefs ou -gérants des établissements de commerce en dépit des nombreux avis de -l’autorité.</p> - -<p>Il a aussi été établi que le dépôt d’un certain nombre de fusils -perfectionnés dans ces établissements pouvait, à d’autres égards, -compromettre la sécurité publique, en ce que les armes pouvaient à un -moment donné être utilisées par le personnel indigène de l’établissement -pour former des bandes armées dont les premiers méfaits portaient sur la -vie des Européens qui les employaient et sur leur propriété.</p> - -<p>Le danger est d’autant plus grand que le personnel indigène des -établissements de commerce est constitué souvent par d’anciens -militaires, qui connaissent bien le maniement des armes perfectionnées.</p> - -<p>Il y a donc lieu de prendre de nouvelles mesures non seulement pour -renforcer les moyens que la loi met à la disposition de l’autorité pour -faire respecter par les gérants d’établissements de commerce les -prohibitions édictées notamment par ma Circulaire No. 30/g du 31 Mai, -1900, mais également pour empêcher que les dépôts d’armes perfectionnées -autorisées par le Gouvernement dans les établissements de commerce ou à -bord des bateaux, et pour la défense de ces établissements ou de ces -bateaux, ne donnent point à des rebelles à la loi la possibilité de -commettre les pires méfaits.</p> - -<p>En ce qui concerne le premier point, mon Arrêté en date de ce jour a -pour but d’assurer l’action répressive contre ceux qui, contrairement -aux règles qui avaient été déterminées, notamment par ma Circulaire 30/g -du 31 Mai, 1900, déplaceraient les armes dont l’introduction et la -détention ont été permises pour la défense des établissements de -commerce ou des bateaux.</p> - -<p>D’après le système qui sera dorénavant suivi, les permis de port d’armes -(B) de la Circulaire du 12 Mars, 1897, seront délivré au nom du -Directeur ou Chef en Afrique de la Société ou de l’entreprise qui a -sollicité l’introduction et la détention de ces armes; le permis devra -stipuler, en vertu de l’Article 1<sup>er</sup> de l’Arrêté en date de ce jour, à -quel établissement les armes, ainsi que les munitions y afférentes, sont -destinées, et prescrire l’obligation de justifier l’emploi de celles-ci.</p> - -<p>Les anciens permis délivrés en conformité avec la Circulaire du 12 Mars, -1897, seront modifiés<span class="pagenum"><a name="page_II_40" id="page_II_40"></a></span> endéans le délai de six mois; les Directeurs ou -Chefs des Sociétés ou entreprises seront invités par le Receveur des -Impôts compétent à représenter les permis actuellement existants, et à -former des demandes en conformité avec l’Article 2 de mon Arrêté en date -de ce jour. L’Administration en délivrant de nouveaux permis stipulera -que les armes et les munitions y afférentes ne pourront sortir des -établissements auxquels elles sont destinées.</p> - -<p>La délivrance de permis pour les armes destinées à de nouveaux -établissements se fera dans les mêmes conditions.</p> - -<p>La sanction pénale pourra s’exercer ainsi, en conformité avec l’Article -9 du Décret du 12 Mars, 1892, contre le gérant de l’établissement qui se -servirait des armes et des munitions dans un but autre que celui pour -lequel le permis a été délivré, et le cas échéant, contre le Directeur -de la Société ou entreprise.</p> - -<p>Les permis devront être renouvelés, ou tout au moins modifiés, lorsque -la direction de la Société ou de l’entreprise sera donnée à une autre -personne que celle au nom de laquelle le permis a été délivré.</p> - -<p>Les permis pour capita, permis (C) de la Circulaire du 12 Mars, 1897, -seront également délivrés à titre individuel soit par le Commissaire de -District ou Chef de Zone, soit par un agent désigné par eux.</p> - -<p>La même sanction prévue par l’Article 9 du Décret du 12 Mars, 1892, -atteindra l’individu qui serait porteur d’un fusil à piston sans avoir -de permis régulier délivré en son nom, et, le cas échéant, le Directeur -ou Gérant de la Société, de l’établissement, ou de l’entreprise.</p> - -<p>De plus, sans préjudice aux poursuites répressives éventuelles, les -infractions aux règles prescrites, notamment par mon Arrêté en date de -ce jour, en ce qui concerne les armes pour lesquelles un permis est -délivré, pourront avoir pour suite le retrait du permis, quelles que -soient les conséquences qui en résulteraient pour l’établissement.</p> - -<p>Pour satisfaire à l’autre intérêt que je signale au début de cette -Circulaire, je soumets de plus la délivrance du permis (B) et (C) à -l’engagement pour les chefs d’établissements d’admettre et de respecter -les mesures précautionnelles que le Commissaire de District ou Chef de -Zone croira devoir prescrire pour prévenir tout danger, et qui pourront -être différentes selon les circonstances; ainsi ces fonctionnaires -pourront, et devront dans la majorité des cas, prescrire:—</p> - -<p>(<i>a.</i>) Que les armes perfectionnées, et les munitions destinées à -l’établissement ou au bateau (ou même les fusils à piston du moment que -leur nombre est supérieur à cinq), soient remises dans un local spécial, -présentant des garanties suffisantes de solidité pour empêcher -l’effraction, fermé soigneusement, et de telle sorte que l’accès ne -puisse en être possible qu’au blanc qui en détient les clefs;</p> - -<p>(<i>b.</i>) Que la garde en soit confiée à un homme sûr;</p> - -<p>(<i>c.</i>) Que l’établissement lui soumette mensuellement la liste du -personnel indigène qu’il emploie en renseignant, pour chacun des membres -de celui-ci, la tribu à laquelle il appartient, ses services antérieurs, -et tous autres renseignements utiles, notamment quant à son esprit, et -sans préjudice aux prescriptions de l’Article 14 du Décret du 8 -Novembre, 1888, de l’Article 11 de l’Arrêté du 1<sup>er</sup> Janvier, 1890, -celles de l’Article 46 du Décret du 4 Mai, 1895, et celles de l’Arrêté -du 4 Avril, 1899.</p> - -<p>Les Commissaires de District et Chefs de Zone veilleront à la stricte -observation des mesures qu’ils auront édictées à ce sujet; ils -visiteront, soit par eux-mêmes, soit par délégués, le plus souvent -possible, les établissements auxquels des permis (B) et (C) ont été -accordés, s’assureront que les prescriptions légales ou administratives -à ce sujet sont rigoureusement respectés et contrôleront le personnel.</p> - -<p>Dans les cas où des infractions à la loi ou aux mesures précautionnelles -qu’ils auraient édictées seront relevées, ou que d’une façon quelconque -et par suite de circonstances spéciales, le dépôt d’armes perfectionnées -auxquelles s’appliquent les permis collectifs (B) et (C) serait une -cause de danger pour la sécurité générale, ils m’en référeront en me -faisant connaître d’une façon détaillée les infractions ou la situation, -de façon à me mettre à même de juger en connaissance de cause s’il y a -lieu ou non de retirer le permis.</p> - -<p>Ils veilleront, dans tous les cas où il y aura eu révocation ou retrait -du permis, à ce que les armes et munitions qui y sont portées soient -déposées dans un entrepôt public pour telle suite qu’il conviendra.</p> - -<p class="r"> -Le Gouverneur-Général,<br /> -(Signé) WAHIS.<br /> -</p> - -<h3><a name="No_2-II" id="No_2-II"></a>No. 2.<br /><br /> -<small><i>The Marquess of Lansdowne to Sir C. Phipps.</i></small></h3> - -<p class="r"> -<i>Foreign Office, April 19, 1904.</i><br /> -</p> - -<p class="nind"> -Sir,<br /> -</p> - -<p>THE “Notes” prepared by the Congo Government, and handed to you on the -13th ultimo as a preliminary reply to Mr. Casement’s report, contain -statements, to the careful consideration of which some time must be -devoted.</p> - -<p>His Majesty’s Government desire, however, to express at once their great -satisfaction at learning that the Congo Government concur in their view -of the general principles which should prevail in dealing with the -native African races, and at the<span class="pagenum"><a name="page_II_41" id="page_II_41"></a></span> announcement that a searching and -impartial inquiry will be made into the allegations against the -administration of the Free State, and that if real abuses or the -necessity for reform should be thereby disclosed, the central Government -will act as the necessities of the case may demand.</p> - -<p>His Majesty’s Government have every confidence that an investigation of -this character will be followed by the redress of any grievances or -actual wrongs which may be proved to exist, and that if the present -administrative system should be found to provide no adequate security -against the abuse of power by those who are employed by the State, or by -the Companies over which the State has control, the necessary steps will -be taken to remedy these grave defects. His Majesty’s Government have -been actuated in this matter by no other motive than a desire to arrive -at the truth, and to fulfil the obligation which is incumbent upon all -the Powers who were parties to the Berlin Act, “to watch, so far as each -may be able, over the preservation of the native tribes, and to care for -the improvement of the conditions of their moral and material -well-being.” They are, therefore, glad to observe that the notes do not -indorse the regrettable and unfounded insinuation contained in M. de -Cuvelier’s communication of the 17th September, 1903, that the interests -of humanity have been used in this country as a pretext to conceal -designs for the abolition and partition of the Congo State.</p> - -<p>The request made in the notes for the full text of Mr. Casement’s report -raises a question of considerable difficulty.</p> - -<p>Personal names and indications of place and date were suppressed, not -from any want of confidence in the central Government at Brussels, but -from the knowledge that if these particulars were published they would -of course be accessible to the very officials in the Congo to whom -abuses are attributed. The knowledge of these particulars would have -given these persons opportunities for exercising pressure upon those who -gave evidence, or for concealing the evidence of their own malpractices, -so as to render impossible that effective inquiry which it is the object -of the Congo Government to secure. These apprehensions appear, in some -degree at least, to be borne out by the fact, mentioned in the “Notes” -when quoting M. Bosco’s report, that those who gave evidence in the -Epondo Case had taken flight, and that all efforts to find them had been -fruitless. His Majesty’s Government are naturally desirous to further, -so far as lies in their power, the inquiry which they are now assured -will take place. They feel bound, however, to proceed on this point with -the utmost caution, and, before considering whether they can hand over -the complete text of the report, they must ask whether the Congo -Government will accept full responsibility for the manner in which the -information thus furnished is used, and whether they will communicate to -His Majesty’s Government the measures which they are prepared to adopt -and enforce in order to protect the witnesses, both European and native, -from any violence or acts of retaliation on the part of those against -whom they have given evidence.</p> - -<p>With regard to the application, renewed in the “Notes,” for previous -reports from British Consular officers, it is necessary to explain that -these reports, though forwarding testimony upon which reliance could -apparently be placed, were founded on hearsay, and lacked the authority -of personal observation, without which His Majesty’s Government were -unwilling to come to any definite conclusion unfavourable to the -administration of the Congo State. Moreover, some of the reports are of -old date; the Congo State have admittedly been very active in pushing -forward occupation of the country, and it would be unjust to bring -forward statements regarding a condition of affairs which may have -entirely passed away. In the despatch of the 8th August, 1903, His -Majesty’s Government explicitly declared that they were unaware to what -extent the allegations made against the Congo State might be true, and -it was in order to obtain direct and personal information as to the -state of things actually existing that Mr. Casement undertook the -journey of which the results are recorded in his report.</p> - -<p>I request you to read this despatch to M. de Cuvelier, and to hand a -copy of it to his Excellency. Copies will be transmitted to the Powers -with which, as Parties to the Berlin Act, His Majesty’s Government have -been in communication.</p> - -<p> -<span style="margin-left: 1em;">I am, &c.</span><br /> -<span style="margin-left: 1em;">(Signed) LANSDOWNE.</span><br /> -</p> - -<h3><a name="No_3-II" id="No_3-II"></a>No. 3.<br /><br /> -<small><i>Acting Consul Nightingale to the Marquess of Lansdowne.</i>—(<i>Received May 3.</i>)</small></h3> - -<p class="nind"> -(Extract.)<br /> -</p> - -<p class="r"> -<i>Boma, April 7, 1904.</i><br /> -</p> - -<p>I HAVE the honour to transmit herewith, for your Lordship’s information, -a copy of the Judgment in Appeal in the cases of M. Caudron and Silvanus -Jones.</p> - -<p>I am informed that the Procureur d’État demanded the severest punishment -for Caudron, accusing him of being the direct cause of the murder in -cold blood of over 122 natives (this is the number verified, but many -more are supposed to have been murdered of which there is no record) -during his expeditions and raids in the Mongalla district for the -obtainment of rubber, in order to reap a handsome commission on his -extortions from the natives.</p> - -<p>The lawyer for the defence sought, on the other hand, to prove by -documents and other evidence that Caudron committed no individual act -save the accidental shooting of the women at Muibembetti; that the whole -of the responsibility of the régime in vogue in Mongalla lay at the door -of the State, who employed the Société Commerciale Anversoise as its tax -collector, the State itself being half shareholder and taking -three-fourths of all the profits of the Company; that the Company -operated on the Domaine Privé of the State, having no lands of its own; -that all the attacks on the natives were ordered by the -Commissaire-Général of the district, who gave written orders to his -deputies, and that Caudron was only requisitioned to accompany those -expeditions as being the only person who knew every nook and corner of -the Mongalla River.</p> - -<p>As your Lordship will observe, Caudron’s sentence was reduced from -twenty years’ penal servitude to fifteen years’, whilst that of Silvanus -Jones, of ten years, was upheld, but with a strong recommendation for a -speedy reduction of the sentence, which was the least the Court could -impose.</p> - -<p>After the Judgment in Appeal, I obtained permission from the -Vice-Governor-General to go and visit Jones in prison, and inclosed I -send a note of my interview with him.</p> - -<p>On speaking to the Director of Justice, after my interview with Jones, I -mentioned the fact that the man had not been defended by counsel, to -which the Director replied that his case ran concurrently with that of -Caudron’s, and that there was no necessity for him to employ counsel.</p> - -<p>As a matter of fact, Jones was not asked whether he wished to employ -counsel to defend him, neither was he (according to his statement) aware -of the nature of the charges made against him. He had money, and would -have engaged some one to defend him had he known what those charges -were. He was, he said, under the impression that he had been brought to -Boma as a witness against Caudron.</p> - -<p>I inclose a further note, given me by the Director of Justice, which -gives the different Decrees dealing with arms and showing the -infractions committed by Jones.</p> - -<p>“Out of evil comes good” is an old saying, and it is my opinion that, if -the Upper Congo were thrown open to free trade and the concessionnaire -Companies done away with, when once confidence were restored amongst the -natives and they were given to understand that they could bring in and -sell their produce to whomsoever they pleased, the Congo State would in -a short while become the biggest export market for rubber in the world.</p> - -<p>The African native is a born trader, and now it is so well known the -value the white men set upon rubber they would naturally commence to -bring it in when once confidence were fully restored. The State would -reap its reward in the trading licences and export duties. And that is -all it is fairly entitled to.</p> - -<p>Before closing I would call your Lordship’s attention to the fact that, -in the “Bulletin Officiel” (No. 12) for last December there is a Decree -published giving powers to the agents of the Katanga Company to collect -the State taxes. This means that the same abuses may go on in the -Katanga country as have hitherto gone on in the Mongalla district, -unless most stringent measures are adopted to prevent them.<span class="pagenum"><a name="page_II_43" id="page_II_43"></a></span></p> - -<h4>Inclosure 1 in No. 3.</h4> - -<p class="c"><i>Judgment in Appeal respecting the Cases of M. Caudron and S. Jones.</i></p> - -<p class="c">Le Tribunal d’Appel de Boma, siégeant en Matière Pénale, a rendu -l’Arrêt suivant:—</p> - -<p class="c"><i>Audience Publique du 15 Mars, 1904.</i></p> - -<p class="nind">(No. du role 395.)</p> - -<p class="nind">En cause: Ministère Public contre—</p> - -<p>(1) CAUDRON, PHILLIP CHARLES FRANÇOIS, né à Auderlecht, Belgique, Chef -de Zone commercial de la Melo, au service de la Société Anversoise du -Commerce au Congo; et</p> - -<p>(2) Jones, Silvanus, originaire de Lagos, clerc au service de la même -Société:</p> - -<p>Prévenus—le premier à la fin de l’année 1902, et au commencement de -l’année 1903, alors qu’il était Chef de Zone commercial de la Melo, au -service de la Société Anversoise du Commerce au Congo:</p> - -<p>1. D’avoir fait attaquer pendant la nuit le village de Liboké par les -hommes à fusil de la Société armés d’Albini, provoquant ainsi -directement la mort d’un certain nombre d’indigènes du dit village de -Liboké;</p> - -<p>2. D’avoir circulé avec une troupe composée de soixante soldats de -l’État et de vingt hommes à fusil de la Société Anversoise du Commerce -au Congo, armés d’Albini, et avoir fait attaquer par cette troupe, -divisée en petits détachements, les indigènes des villages Magugu, -Tariba, Mandingia, Muibembetti, et Kakoré, provoquant ainsi directement -la mort d’un grand nombre d’indigènes des dits villages;</p> - -<p>3. D’avoir à Muibembetti volontairement fait des blessures à la femme -Menniegbiré, en lui tirant un coup de fusil de chasse dans les seins;</p> - -<p>4. D’avoir fait détenir arbitrairement à Mimbo, pendant près d’un mois, -une vingtaine de prisonniers fait au cours des expéditions dans les -villages Magugu, Teriba, Mandingia, Muibembetti, et Kakoré;</p> - -<p>5. D’avoir à Mimbo été la cause directe de la mort d’un prisonnier, -ayant antérieurement donné aux sentinelles armées sous ses ordres la -consigne de tuer tout prisonnier qui tenterait de s’enfuir;</p> - -<p>6. D’avoir au poste de Binga-État donné l’ordre aux sentinelles de tuer -un Chef Mogwande, ordre qui a été exécuté par le soldat Kamassi;</p> - -<p>7. D’avoir établi ou laissé établir à Bussa-Baya, et à Dengeseke, des -factoreries de commerce où se trouvaient installés des travailleurs -armés d’Albini et de cartouches faisant partie de l’armement des -factoreries de Mimbo et de Binga, ces armes et munitions ayant été -déplacées sans autorisation, et ayant servi à commettre les infractions -pour lesquelles sont poursuivis Jones, Silvanus, chef de la factorerie -de Bussu-Baya, et Bangi, le domestique du précédent;</p> - -<p>8. D’avoir, au poste de Mimbo, remis à son Capita Kassango, 100 -cartouches d’Albini, appartenant à l’État, et au poste de Binga, en -avoir remis 200 à Houart, chef de cette factorerie; ces faits -constituant une soustraction fraudulente de cartouches au préjudice de -l’État, ou subsidiairement une infraction aux dispositions sur les armes -à feu—infractions prévues par les Articles 1<sup>er</sup>, 2, 3, 4, 11, 18, 19 -du Code Pénal, 101 <i>bis</i>, 101 (4), du Code Pénal, Décret du 27 Mars, -1900; 2 et 9 du Décret du 10 Mars, 1892; et l’Arrêté du 30 Avril, 1901, -sur les armes à feu.</p> - -<p>Le second d’avoir, à la fin de l’année 1902, envoyé des travailleurs de -la Société Anversoise du Commerce au Congo, armés de fusils Albini, dans -les environs de la factorerie de Bussa-Baya, en leur donnant l’ordre de -tuer les indigènes, et avoir ainsi été la cause directe de la mort d’une -femme de Bassango, tuée d’un coup d’Albini par son domestique -Bangi—infractions prévues par les Articles 1<sup>er</sup> et 9 du Décret du 10 -Mars, 1892, et l’Arrêté du 30 Avril, 1901, sur les armes à feu, et 1 et -2 du Code Pénal;</p> - -<p>Vu la procédure à charge des prénommés; vu le Jugement du Tribunal de -Première Instance du Bas-Congo, en date du 12 Janvier, 1904, condamnant -le premier à une servitude pénale de vingt ans et aux sept huitièmes des -frais du procès; le second à une servitude pénale de dix ans, et à un -huitième des frais du procès;</p> - -<p>Vu les appels interjetés contre le dit Jugement par le Ministère Public -et le prévenu Caudron, suivant déclarations reçues au Greffier du -Tribunal d’Appel le 12 Février, 1904;<span class="pagenum"><a name="page_II_44" id="page_II_44"></a></span></p> - -<p>Vu les notifications des dits appels au Ministère Public, et aux -prévenus en date du même jour;</p> - -<p>Vu l’assignation donnée aux prévenus par acte du 22 Février, 1904;</p> - -<p>Ouï le Juge Albert Sweerts en son rapport;</p> - -<p>Vu l’instruction faite devant le Tribunal d’Appel;</p> - -<p>Ouï M. le Procureur d’État en ses réquisitions;</p> - -<p>Ouï les prévenus en leurs dires et moyens de défense présentés pour -Caudron par M. de Nentor, défenseur agréé par le Tribunal;</p> - -<p>Attendu que le Tribunal d’Appel est saisi par l’appel du prévenu -Caudron, et en même temps par l’appel du Ministère Public relatif à ce -dernier et à l’autre prévenu, Jones, Silvanus;</p> - -<p>Que l’appel du prévenu Caudron n’est pas recevable, l’appelant n’ayant -pas consigné préalablement les frais conformément à l’Article 78 du -Décret du 27 Avril, 1889;</p> - -<p>Que, cependant, l’appel du Ministère Public remet tout on question même -dans l’intérêt des intimés;</p> - -<p>En ce qui concerne le prévenu Caudron:</p> - -<div class="blockquot"><p class="indd">Sur les première et deuxième préventions:—</p></div> - -<p>Attendu qu’il est établi par les dépositions des témoins et par les -pièces versées au dossier</p> - -<p>1. Que, dans la nuit du 15 au 16 Octobre, 1902, au poste d’Akula dans la -région de la Melo, le prévenu Caudron, Chef de Zone de la Société -Anversoise du Commerce au Congo dans cette région, pour punir les -indigènes du village de Liboké de ne pas avoir fourni les corvées qu’il -exigeait d’eux, a donné ordre à cinq de ses travailleurs, armés -d’Albini, de se rendre au dit village et de tirer sur les indigènes, -ordre que les travailleurs ont exécuté, en tuant le Chef et plusieurs -indigènes de ce village;</p> - -<p>2. Que, dans le courant des mois de Janvier, Février, et Mars 1903, dans -le but de forcer les indigènes de la région des Banga à augmenter la -récolte du caoutchouc, il a fait une expédition dans la dite région avec -vingt de ses travailleurs, armés d’Albinis, et accompagné d’un -sous-officier et de cinquante soldats de l’État; que, au cours de cette -expédition, il a envoyé les travailleurs armés d’Albini, et les soldats -divisés en petits détachements, dans les localités de Mogugu, Teriba, -Bongu, Muibembetti, et Kakoré, avec ordre de tirer sur les indigènes -qu’ils auraient rencontrés, ordre que les travailleurs et les soldats -ont exécuté, causant ainsi la mort d’un grand nombre d’indigènes;</p> - -<p>Que le prévenu reconnaît ces faits dans leur ensemble, mais qu’il -allègue pour sa défense d’avoir agi d’accord avec l’autorisation, et -même par ordre de l’autorité, représentée lors du fait de Liboké par M. -Nagant, et lors de l’expédition chez les Banga par M. Jamart—tous les -deux Chefs du Poste de Police de Binga;</p> - -<p>Attendu, en ce qui concerne le fait de Liboké, que tous les témoins -interrogés à ce sujet à l’audience de Première Instance et d’Appel ont -nié de la manière la plus formelle que M. Nagant aurait été à Akula lors -de l’attaque du dit village, et qu’il ait pu par conséquent ratifier par -sa présence l’ordre donné par le prévenu Caudron, ainsi que celui-ci le -soutient;</p> - -<p>Que, cependant, existent au dossier les copies certifiées conformes de -deux lettres qui auraient été adressées par M. Collet, gérant du poste -d’Akula, à M. Nagant, la première en date du 12 Octobre, 1902, demandant -son intervention contre le village de Liboké, et la deuxième en date du -16 Octobre, c’est-à-dire, au lendemain de l’attaque, le remerciant de -son intervention et l’informant que les indigènes s’étaient présentés le -matin au poste et s’étaient engagés à fournir régulièrement les -impositions; que l’accusation conteste l’authenticité de ces lettres, et -soutient qu’elles ont été forgées après pour les besoins de la cause;</p> - -<p>Que, cependant, le fait qu’elles ont été versées au dossier par le -Magistrat-Instructeur, qu’elles ont été trouvées dans les bureaux du -poste de police, et le fait qu’elles ont été confirmées par M. Collet à -l’instruction préparatoire ne permettent pas de les considérer comme -fausses et de les écarter;</p> - -<p>Que puisqu’un doute subsiste il faut admettre la version la plus -favorable au prévenu, c’est-à-dire, que le Chef du Poste de Police -Nagant se trouvait à Akula lors de l’attaque de Liboké, et qu’il a connu -et autorisé cette attaque;<span class="pagenum"><a name="page_II_45" id="page_II_45"></a></span></p> - -<p>Que, par conséquent, tout supplément d’instruction relativement aux -dites circonstances serait, dans l’intérêt de la défense, absolument -inutile;</p> - -<p>Attendu, en ce qui concerne l’expédition chez les Banga, que la présence -dans cette expédition du Chef du Poste de Police Jamart avec cinquante -soldats de l’État n’est pas contestée, et qu’il est aussi prouvé que le -prévenu a agi dans cette occasion toujours de parfait accord avec lui; -qu’il reste donc à examiner si la présence et l’autorisation de ces -représentants de l’autorité pourraient justifier le fait du prévenu;</p> - -<p>Attendu que c’est un principe de droit consacré même expressément dans -les Codes dont notre législation s’est inspirée que, pour qu’il n’y ait -pas d’infraction, il ne suffit pas que le fait ait été commandé par -l’autorité, mais qu’il faut en même temps qu’il soit ordonné par la loi; -qu’il est hors de doute qu’il s’agit dans l’espèce uniquement de délits -de droit commun, c’est-à-dire, d’homicides commis pour un intérêt privé -dans le but de forcer les indigènes à fournir leur travail ou leur -produits;</p> - -<p>Que, quoiqu’on ait parlé parfois vaguement de rétablissement de l’ordre, -il résulte bien formellement des déclarations de tous les témoins et -même des rapports adressés par le prévenu au Directeur de la Société, et -de ses lettres aux gérants de sa zone, qu’il ne visait dans les actes -d’hostilité posés contre ces indigènes que l’intérêt de son commerce, et -notamment l’augmentation de la récolte du caoutchouc;</p> - -<p>Que si un doute pouvait être soulevé en ce qui concerne l’expédition -précédemment faite chez les Gwakas, aucun doute ne peut exister à cet -égard pour les faits objet de la prévention;</p> - -<p>Que, en tout cas, il est bien établi qu’au moment où ces faits se sont -passés, l’ordre n’avait été nullement troublé ni à Liboké ni chez les -Banga; qu’il ne résulte pas que les victimes de ces faits aient commis -d’autre faute que de ne pas avoir fourni à la Société la quantité de -travail qu’elle exigeait;</p> - -<p>Attendu, d’autre part, que le seul fait de ne pas avoir payé les impôts, -même s’ils étaient légalement dus (ce qui n’était pas dans l’espèce, -puis qu’aucune loi ne les avait encore autorisés), ne pourrait jamais -justifier des répressions sanglantes;</p> - -<p>Qu’on pourrait encore moins parler dans l’espèce de faits de guerre, car -ce n’est certainement pas faire la guerre que d’attaquer des populations -tranquilles et de tirer des coups de feu sur des individus isolés et -inoffensifs;</p> - -<p>Qu’il est prouvé par les dépositions des témoins, et par les -déclarations du prévenu lui-même, que jamais au cours de ces faits les -indigènes n’ont attaqué ou posé un acte d’hostilité quelconque;</p> - -<p>Que ni parmi les soldats, ni parmi les hommes de la Société, il y a eu -un seul tué ou un seul blessé;</p> - -<p>Qu’il serait donc absurde de parler de guerre; que tuer dans ces -conditions ne peut que constituer un crime qu’aucune loi, aucune -nécessité n’autorise, et qui tombe sous l’application de la Loi Pénale, -qu’il soit commis par un particulier ou par un agent de l’autorité;</p> - -<p>Attendu, d’autre part, que le prévenu ne peut non plus invoquer en sa -faveur l’excuse de l’obéissance hiérarchique, car cette excuse n’existe -que pour les agents de l’autorité qui exécutent l’ordre d’un supérieur -hiérarchique et dans les limites du ressort de celui-ci;</p> - -<p>Que le prévenu n’était pas agent de l’autorité; qu’il ne devait -obéissance hiérarchique à personne; qu’il ne rentrait aucunement dans -ses attributions d’agent de Société de coopérer à des actes de -répression; qu’il avait donc tout le droit de refuser d’exécuter les -ordres qu’on pouvait lui donner à ce sujet, et que s’il les exécutait, -c’était à ses risques et périls;</p> - -<p>Qu’il est du reste de principe que même l’obéissance hiérarchique ne -constitue plus une excuse lorsque l’illégalité de l’ordre est évidente;</p> - -<p>Attendu, d’ailleurs, qu’il est tout à fait contraire à la vérité que le -prévenu n’aurait fait, ainsi qu’il l’affirme, qu’exécuter les ordres des -Chefs du Poste de Police;</p> - -<p>Que la vérité, au contraire, est que ces derniers étaient en fait sous -ses ordres;</p> - -<p>Qu’un simple sous-officier comme Nagant, un simple adjoint militaire -(caporal) comme Jamart, ne pouvait certainement avoir aucune autorité -sur le prévenu qui occupait la haute position de Chef de Zone de la -Société Anversoise du Commerce au Congo, et qui avait sous ses ordres un -nombreux personnel blanc et noir;</p> - -<p>Que tous les témoins ont été d’accord pour déclarer que dans toutes les -expéditions qu’il a faites avec les Chefs du Poste de Police, c’était -lui qui commandait, qui donnait des ordres, et qui punissait, non -seulement ses hommes, mais même les<span class="pagenum"><a name="page_II_46" id="page_II_46"></a></span> soldats de l’État; que notamment, -en ce qui concerne l’expédition contre les Banga, il est bien évident -que le Caporal Jamart, tout jeune homme, à peine arrivé en Afrique, ne -connaissant ni la langue, ni le pays, et pour surplus malade au point de -devoir se faire presque toujours porter et rester en arrière même de -plusieurs jours, n’était qu’un simple comparse dont le prévenu se -servait dans la croyance de pouvoir, par sa présence, couvrir les -illégalités qu’il commettait, et enchaîner à la sienne la responsabilité -de l’État;</p> - -<p>Que c’est en vain donc que le prévenu invoque sa bonne foi pour avoir -agi d’accord avec les représentants de l’autorité;</p> - -<p>Qu’il savait bien qu’on ne pouvait pas tuer et d’autant moins dans un -intérêt commercial;</p> - -<p>Il savait que les lois de l’État ne le tolère pas;</p> - -<p>Il savait aussi que plusieurs de ses prédécesseurs et de ses collègues -dans la même région, et dans la même Société, avaient été très -sévèrement condamnés par les Tribunaux pour des faits semblables;</p> - -<p>Il a cru être plus adroit que les autres en tachant de couvrir sa -responsabilité en se servant des agents de l’État;</p> - -<p>Mais si cette précaution se montre à la preuve impuissante, s’il -s’aperçoit trop tard que la responsabilité pénale ne peut pas s’éluder -si facilement, il n’a pas le droit de se dire la victime d’une erreur;</p> - -<p>Que s’il s’est trompé, c’est non pas sur la moralité des actes qu’il -posait, mais sur la valeur de la ruse qu’il a employée pour les couvrir;</p> - -<p>Attendu, cependant, que le prévenu insiste sur la demande qu’il avait -déjà présentée en Première Instance; que le Tribunal ordonne un -supplément d’instruction pour faire verser au dossier les rapports -politiques envoyés par les autorités supérieures administratives de la -région au Gouvernement local, d’où il résulterait que les dites -autorités avaient connu et approuvé les faits qui lui sont reprochés, et -même d’autres expéditions antérieures et postérieures qu’il aurait -faites avec les troupes de l’État, que le Gouvernement local, interpellé -par le Magistrat-Instructeur, a déclaré qu’en principe il ne croyait pas -pouvoir donner communication de ces pièces, que, du reste, elles ne -renfermaient rien pouvant se référer aux faits indiqués par le prévenu;</p> - -<p>Que la défense conteste ces déclarations en droit et en fait;</p> - -<p>Attendu qu’en principe on ne pourrait certainement pas contester le -droit de l’autorité judiciaire de demander et même de rechercher en tout -lieu public ou privé toute pièce pouvant servir à conviction ou à -décharge;</p> - -<p>Que ce droit, qui est donné à l’autorité par la loi, ne pourrait être -limitée que par la loi elle-même; que ni la législation Congolaise, ni -la législation dont elle s’est inspirée ne fixent aucune limitation en -faveur des Administrations publiques;</p> - -<p>Que si on reconnaît une exception en faveur des agents diplomatiques, -c’est à cause de la fiction d’exterritorialité de leur résidence; qu’il -n’existe pas de lieu d’asile;</p> - -<p>Attendu, toutefois, qu’il est du devoir de l’autorité judiciaire de -procéder en cette matière avec la plus grande réserve et dans le seul -cas où les pièces requises pourraient être d’une utilité évidente pour -l’accusation ou la défense;</p> - -<p>Que dans l’espèce la défense croit pouvoir déduire de ces pièces -l’approbation et en tous cas la tolérance de l’autorité relativement à -ces agissements;</p> - -<p>Qu’ainsi qu’on l’a ci-dessus exposé même l’ordre formel et à plus forte -raison la tolérance des autorités ne pourrait justifier des faits -contraires à la loi; que ce principe a été déjà depuis longtemps et à -plusieurs reprises affirmé par les Tribunaux de l’État;</p> - -<p>Que par conséquent dans aucun cas le prévenu ne pourrait trouver dans -les pièces dont il demande la production la justification des faits mis -à sa charge;</p> - -<p>Que, tout au plus, il pourrait invoquer la tolérance des autorités comme -circonstance atténuante;</p> - -<p>Qu’à cet égard, il y a lieu d’observer que la preuve d’une certaine -tolérance de la part des autorités résulte des pièces même du dossier et -des dépositions des témoins;</p> - -<p>Qu’en effet, la présence et la coopération des Chefs du Poste de Police -de Binga lors des affaires de Qiboko et de l’expédition chez les Banga -ont été admises par le Tribunal; qu’il résulte aussi des dépositions des -témoins que précédemment et postérieurement le prévenu avait fait -d’autres expéditions de répression contre les indigènes accompagné -d’agents et de soldats de l’État;</p> - -<p>Que cela suffit pour faire tout au moins supposer la tolérance des -autorités<span class="pagenum"><a name="page_II_47" id="page_II_47"></a></span> supérieures de la région, et pour faire admettre cette -tolérance comme circonstance atténuante en faveur du prévenu;</p> - -<p>Que par conséquent tout supplément d’instruction à ce sujet, s’il -pourrait servir à prouver la responsabilité d’autres personnes, ne -pourrait avoir aucune utilité pour le prévenu;</p> - -<div class="blockquot"><p class="indd">Sur la troisième prévention:</p></div> - -<p>Attendu qu’il est prouvé par les dépositions des témoins et qu’il est -reconnu par les prévenus qu’à Muibembetti au cours d’une expédition -contre les Banga s’étant mis en colère pour un retard des porteurs, il a -déchargé sur eux son fusil de chasse chargé à petit plomb; qu’un des -deux coups a blessé une femme indigène au dos; que la blessure a été -légère et n’a entraîné aucune incapacité de travail;</p> - -<div class="blockquot"><p class="indd">Sur la quatrième prévention:</p></div> - -<p>Attendu que le prévenu reconnaît avoir fait détenir à la factorerie de -Mimbo une vingtaine d’indigènes faits prisonniers au cours de -l’expédition contre les Banga et que leur détention n’avait d’autre but -que de forcer leurs villages à la récolte de caoutchouc; qu’il allègue -pour sa défense que ces gens avaient été arrêtés avec l’autorisation et -le concours du Chef du Poste de Police Judiciaire Jamart; qu’ils -attendaient à Mimbo les instructions du Commandant des troupes de -police; qu’il soutient que ce fait était parfaitement légal, puisque le -Gouvernement avait, depuis le mois d’Avril 1901, autorisé la Société -Anversoise du Commerce au Congo à exiger le caoutchouc à titre d’impôt -de la population indigène, et avait édicté en cas de refus la peine de -la contrainte par corps;</p> - -<p>Attendu qu’en effet le Ministère Public a déclaré à l’audience de -Première Instance avoir été autorisé à déclarer qu’il existe une lettre -du Gouverneur-Général au Commissaire de District de Nouvelle-Anvers, -donnant le droit à la Société Anversoise du Commerce au Congo d’exiger -le caoutchouc à titre d’impôt; que cette lettre ajoute que le commandant -du corps de police pourra, en cas de refus, exercer la contrainte par -corps; qu’il pourra déléguer ce droit même à un agent de la Société -Anversoise du Commerce au Congo, mais qu’il appartiendra toujours à lui -de décider s’il faut ou non maintenir la détention;</p> - -<p>Attendu qu’il est trop évident qu’on ne pouvait pas, par simple lettre, -établir des impôts, et édicter la contrainte par corps en cas de -non-paiement;</p> - -<p>Que le droit d’établir des impôts sur les populations et fixer des -peines, ne peut appartenir qu’au Roi-souverain, ou à l’autorité par lui -légalement déléguée à cet effet;</p> - -<p>Que le pouvoir judiciaire manquerait à son devoir et à sa mission s’il -reconnaissait à d’autre autorité les pouvoirs qui sont réservés à -l’autorité souveraine;</p> - -<p>Qu’il aurait fallu donc une loi dûment édictée et publiée;</p> - -<p>Qu’une pareille loi n’a paru que tout dernièrement très longtemps après -les faits objet de la prévention, et qu’elle exige d’ailleurs pour -l’application de la contrainte par corps des conditions qui n’existent -pas dans l’espèce;</p> - -<p>Que par conséquent la lettre du Gouverneur-Général, ne pouvant pas -déroger à la loi pénale, ne pourrait pas justifier l’atteinte portée à -la liberté individuelle;</p> - -<p>Qu’on conçoit bien que le prévenu ait pu se tromper sur ce point, mais -que la bonne foi, pour erreur de droit, ne peut pas être admise; qu’il -est juste toutefois d’en tenir compte pour appliquer sur ce chef au -prévenu des circonstances atténuantes dans la mesure la plus large -possible;</p> - -<div class="blockquot"><p class="indd">Sur la cinquième prévention:</p></div> - -<p>Attendu qu’il est établi et reconnu par les prévenus qu’un des -prisonniers détenus à Mimbo, ayant tenté de s’évader pendant la nuit, -fût tué d’un coup d’Albini par la sentinelle de garde;</p> - -<p>Que le prévenu soutient être absolument étranger à ce fait;</p> - -<p>Attendu que, quoiqu’il soit établi par les dépositions des témoins que -le prévenu avait toujours donné à ses hommes la consigne de tirer sur -les prisonniers qui tentaient de s’évader, il n’est pas prouvé, -cependant, que la sentinelle qui a tiré était un des hommes placés -directement sous ses ordres:</p> - -<p>Qu’il paraît, au contraire, résulter des débats que c’était un -travailleur du poste de Mimbo et qu’il avait été placé de sentinelle par -le gérant de cette factorerie;</p> - -<p>Que ce meurtre, par conséquent, ne pourrait pas être imputé au prévenu;</p> - -<div class="blockquot"><p class="indd">Sur la sixième prévention:</p></div> - -<p>Attendu que le prévenu reconnaît qu’au retour de son expédition chez les -Banga<span class="pagenum"><a name="page_II_48" id="page_II_48"></a></span> un Chef indigène a été tué dans la prison du poste de police de -Banga par les soldats de ce poste;</p> - -<p>Qu’il reconnaît qu’à deux reprises les soldats, alors qu’il se trouvait -avec Jamart, étaient venus demander des instructions relativement à ce -prisonnier, qui causait du désordre; qu’il reconnaît aussi qu’il se -trouvait présent dans la prison lorsque le prisonnier a été tué; qu’il -affirme cependant que ni lui, ni Jamart, n’avait donné aucun ordre aux -soldats, et qu’il s’était rendu à la prison uniquement pour induire le -prisonnier à rester tranquille;</p> - -<p>Attendu que tous les témoins entendus sur ce fait à l’instruction -préparatoire, et à l’audience, ont, de la manière la plus précise et -concordante dans les moindres détails, affirmé que le prévenu a donné -deux fois l’ordre de tuer: une première fois au Sergent Tangua, qui -était allé demander des instructions, et une deuxième fois au même -sergent, et au soldat Rixassi, lorsqu’ils étaient revenus pour se faire -confirmer l’ordre, et que c’est le prévenu même, qui, dans la prison, -après que le sergent eut tiré sur le prisonnier, en lui manquant, a -passé le fusil au soldat Rixassi, qui l’a tué;</p> - -<p>Que ce dernier détail a été donné aussi par le témoin Houart, détenu à -la prison de Boma alors que les autres témoins se trouvaient encore dans -la haute rivière; qu’il est impossible donc qu’il ait été inventé;</p> - -<p>Que ces deux circonstances, absolument établies même par des dépositions -autres que celles des témoins noirs, que le prévenu se trouvait dans la -prison, et qu’il a passé le fusil à l’homme qui a tiré, confirment de la -manière la plus certaine que c’est bien lui qui a donné l’ordre de tuer, -ordre que les soldats, qui revenaient de l’expédition, où ils avaient -considéré toujours le prévenu comme Commandant, ne pouvaient pas hésiter -à exécuter;</p> - -<p>Qu’il est du reste très évident qu’ils n’auraient certainement pas tué -sans ordre, même en la présence du prévenu;</p> - -<div class="blockquot"><p class="indd">Sur la septième prévention:</p></div> - -<p>Attendu que les faits indiqués à l’assignation sont établis et reconnus -par le prévenu qu’ils constituent des contraventions aux dispositions -sur les armes à feu;</p> - -<div class="blockquot"><p class="indd">Sur la huitième prévention:</p></div> - -<p>Attendu qu’ainsi que l’a déclaré le premier Juge, il ne s’agit dans -l’espèce que d’un simple échange de la munition entre les troupes de -l’État et les hommes armés de la Compagnie; qu’un simple échange ne peut -constituer ni une soustraction fraudulente, ni (lorsqu’il s’agit de -cartouches, et non pas de l’arme elle-même) une contravention aux -dispositions sur les armes à feu;</p> - -<p>Attendu que, pour les motifs repris ci-dessus, le prévenu doit être -déclaré coupable de meurtres avec préméditation, comme auteur moral, -pour abus d’autorité, des faits mis à sa charge par les première, -deuxième, et sixième préventions; de coups et blessures pour la -troisième prévention; de détention arbitraire pour la quatrième; de -contravention aux dispositions sur les armes à feu pour la septième -prévention; et qu’il doit être renvoyé des fins de la poursuite pour le -surplus de la prévention;</p> - -<p>Attendu qu’il y a lieu d’accorder au prévenu des circonstances -atténuantes, non seulement à raison des considérations exposées aux -numéros un, deux, et quatre de la prévention, mais à raison aussi de ses -bons antécédents pendant son long séjour en Afrique, et des graves -difficultés dans lesquelles il a dû se trouver devant accomplir sa -mission au milieu d’une population absolument réfractaire à toute idée -de travail, et qui ne respecte d’autre loi que la force, ne connaît -d’autre persuasion que la terreur;</p> - -<p>Qu’il faut reconnaître qu’il doit être bien difficile de se tenir dans -la légalité dans un pays encore absolument barbare et sauvage, et -notamment lorsque les lois à suivre dans ce pays sont les mêmes qui -régissent les peuples les plus civilisés;</p> - -<p>Qu’il est en fin équitable de tenir compte que, quoique les faits soient -en eux-mêmes très graves, ils perdent cependant une partie de leur -gravité lorsqu’ils sont mis en rapport avec le milieu, où, d’après la -coutume séculaire, la vie humaine n’a pas de valeur, et où le pillage, -le meurtre, et le cannabalisme ont constitué jusqu’à hier la vie -habituelle;</p> - -<div class="blockquot"><p class="indd">En ce qui concerne le prévenu Jones, Silvanus:</p></div> - -<p>Attendu qu’il est demeuré établi par les dépositions concordantes des -témoins et par les contradictions même du prévenu, que dans le courant -du mois d’Octobre 1902, alors qu’il était Chef du Poste de la Société -Anversoise de Commerce au Congo à Bussa-Baya, il a ordonné aux hommes -placés sous ses ordres de se rendre dans les<span class="pagenum"><a name="page_II_49" id="page_II_49"></a></span> environs de la factorerie -et de tuer les indigènes qu’ils avaient rencontrés, pour les punir de ne -pas avoir fourni une quantité suffisante de caoutchouc, ordre que son -domestique Bongi a exécuté en tuant une femme;</p> - -<p>Attendu que le prévenu soutient subsidiairement qu’en tout cas il aurait -agi, ainsi qu’en d’autres circonstances, d’après les ordres de ses -supérieurs, et notamment du Chef de Zone M. Caudron;</p> - -<p>Attendu que, quoique ces ordres ne soient pas bien établis, les procédés -employés par le Chef de Zone Caudron pour obtenir du caoutchouc des -indigènes, et le fait que le prévenu avait été placé à Bussa-Baya -clandestinement, et qu’on avait armé ce poste de huit fusils Albini sans -permission, permet tout ou moins de supposer, dans l’intérêt du prévenu, -que réellement il n’a fait que suivre les instructions de ses Chefs;</p> - -<p>Que cependant, pour les raisons déjà exposées, ces ordres ne pourraient -en aucun cas justifier ou excuser le prévenu;</p> - -<p>Qu’on ne pourrait pas même le considérer comme un instrument passif et -inconscient entre les mains de ses Chefs, puisque, quoique noir, il a -une certaine culture d’esprit et appartient à un pays déjà en partie -civilisé;</p> - -<p>Qu’il devait bien savoir que tuer est un crime;</p> - -<p>Qu’il a agit d’ailleurs aussi, dans son intérêt particulier, puisqu’il -était payé en proportion du caoutchouc qu’il percevait;</p> - -<p>Que cependant il est juste de lui faire application des circonstances -atténuantes dans la mesure la plus large possible, en tenant compte du -milieu où il se trouvait et des exemples qu’il recevait de ces Chefs; -qu’il faut reconnaître que bien difficilement un noir aurait pu se -soustraire à l’influence des exemples;</p> - -<p>Que le Tribunal d’Appel, par conséquent, exprime le vœu que la -libération conditionnelle vienne, aussitôt qu’il sera possible, tempérer -pour ce prévenu la rigueur de la peine que, par application de la loi, -il est forcé de confirmer;</p> - -<p>Par ces motifs et ceux non contraires du premier juge;</p> - -<div class="blockquot"><p>Le Tribunal d’Appel:</p></div> - -<p>Vu les Articles 78 du Décret du 27 Avril, 1889; 3, 4, 11, 98, 101 <i>bis</i>, -et 101 (4) du Code Pénal, 2 et 9 du Décret du 10 Mars, 1892, et l’Arrêté -du 30 Avril, 1901, déclare l’appel du prévenu Caudron non recevable;</p> - -<p>Et statuant sur l’appel du Ministère Public;</p> - -<p>Émendant le Jugement dont appel relativement au prévenu Caudron, en ce -qui concerne la peine prononcée, le condamne, du chef de meurtres avec -préméditation; de coups et blessures, de détentions arbitraires, et de -contraventions aux dispositions sur les armes à feu, avec circonstances -atténuantes, à cinq ans de servitude pénale;</p> - -<p>Confirme pour le surplus le Jugement dont appel même en ce qui concerne -l’autre prévenu, Jones, Silvanus;</p> - -<p>Dit que les frais d’appel resteront à charge de l’État.</p> - -<p>Ainsi jugé et prononcé en audience publique, où siégeaient—M. Giacomo -Nisco, Président; MM. Albert Sweerts et Michel Cuciniello, Juges; M. -Fernand Waleffe, Ministre Public; M. Paul Hodüm, Greffier.</p> - -<p class="r"> -Le Président,<br /> -(Signé) G. NISCO.<br /> -</p> - -<p> -<span style="margin-left: 1em;">Les Juges,</span><br /> -<span style="margin-left: 1em;">(Signé) <span class="smcap">Sweerts</span>.</span><br /> -<span style="margin-left: 4em;"><span class="smcap">M. Cuciniello</span>.</span><br /> -<br /> -<span style="margin-left: 1em;">Le Greffier,</span><br /> -<span style="margin-left: 4em;"><span class="smcap">P. Hodüm</span>.</span><br /> -</p> - -<p class="c">(Translation.)</p> - -<p class="c"><i>Judgment in Appeal respecting the Cases of M. Caudron and S. Jones.</i></p> - -<div class="blockquot"><p class="hang">The Court of Appeal at Boma, sitting for the consideration of -Criminal Cases, has pronounced the following Judgment:—</p></div> - -<p class="c"><i>Public Hearing of March 15, 1904.</i></p> - -<p class="nind">(No. on the list 395.)</p> - -<p class="nind">The Public Prosecutor <i>versus</i>—</p> - -<p>(1.) CAUDRON, PHILLIP CHARLES FRANÇOIS, born at Anderlecht, Belgium, -Superintendent of the Melo Commercial Zone, in the service of the -Société Anversoise du Commerce au Congo; and<span class="pagenum"><a name="page_II_50" id="page_II_50"></a></span></p> - -<p>(2.) Jones, Silvanus, a native of Lagos, clerk in the service of the -said Company:</p> - -<p>The charges against the first-named were that, at the end of 1902, and -at the beginning of 1903, when he was Superintendent of the Melo -Commercial Zone, in the service of the Société Anversoise du Commerce au -Congo:</p> - -<p>1. He caused the village of Liboké to be attacked at night by the -servants of the Society, armed with Albini rifles, thus directly -bringing about the death of a certain number of natives of the said -village of Liboké;</p> - -<p>2. That he went about the country with a force composed of sixty State -soldiers and of twenty servants of the Société Anversoise du Commerce au -Congo, armed with Albinis, and caused the natives of the villages of -Magugu, Teriba, Mandingia, Muibembetti and Kakoré to be attacked by this -force, divided into small detachments, thus directly bringing about the -death of a great number of natives of the said villages;</p> - -<p>3. That he, at Muibembetti, deliberately wounded the woman Menniegbiré -by discharging a shot-gun into her breast;</p> - -<p>4. That he arbitrarily detained at Mimbo for nearly a month about twenty -prisoners taken during his expeditions in the villages of Magugu, -Teriba, Mandingia, Muibembetti, and Kakoré;</p> - -<p>5. That at Mimbo he directly caused the death of a prisoner, having -previously given instructions to the armed sentries under his orders to -kill any prisoner who might attempt to escape;</p> - -<p>6. That at the station of Binga-État, he gave an order to the sentries -to kill a Mogwande Chief, an order which was executed by the soldier -Kamassi;</p> - -<p>7. That he established, or allowed to be established, at Bussu-Baya, and -at Dengeseke, commercial factories where workmen were installed, armed -with Albinis and cartridges, forming part of the armament of the -factories of Mimbo and Binga, these arms and ammunition having been -moved without authority, and having been used in committing the breaches -of law, for which Silvanus Jones, chief of the factory of Bussu-Baya, -and Bangi, his servant, are being prosecuted;</p> - -<p>8. That, at the post of Mimbo, he handed over to his Headman (“Capita”) -Kassango 100 Albini cartridges belonging to the State, and, at the post -of Binga, handed over 200 cartridges to Houart, head of that factory; -which proceedings constituted a fraudulent abstraction of cartridges, -the property of the State; and, in the second place, a breach of the -Regulations in regard to fire-arms, offences covered by Articles 1, 2, -3, 4, 11, 18, 19 of the Penal Code, 101 <i>bis</i>, 101 (4) of the Penal -Code, Decree of 27th March, 1900; 2 and 9 of the Decree of 10th March, -1892, and the Order of 30th August, 1901, respecting fire-arms.</p> - -<p>The charges against the second were that, at the end of 1902, he sent -workmen of the Société Anversoise du Commerce au Congo, armed with -Albinis, into the neighbourhood of the factory of Bussu-Baya, with -instructions to kill the natives, and thus directly caused the death of -a woman of Bassango, who was killed by a rifle-shot by his servant -Bangi—offences covered by Articles 1 and 9 of the Decree of 10th March, -1892, and by the Order of 30th April, 1901, respecting fire-arms, and 1 -and 2 of the Penal Code;</p> - -<p>In view of the terms of the indictment against the above-named persons, -and the verdict of the Court of First Instance of the Lower Congo, dated -the 12th January, 1904, condemning the first-named to twenty years’ -penal servitude and to seven-eighths of the costs of the action, and the -second to ten years’ penal servitude and to one-eighth of the costs of -the action;</p> - -<p>Whereas appeals against the said verdict were made by the Public -Prosecutor and by the accused Caudron, according to declarations -received at the office of the Registrar of Court of Appeal on the 12th -February, 1904;</p> - -<p>Whereas the said appeals were notified to the Public Prosecutor and to -the accused on the same day;</p> - -<p>Whereas a summons was served on the accused on the 22nd February, 1904;</p> - -<p>Whereas Judge Albert Sweerts has reported on the case;</p> - -<p>Whereas the case has been heard before the Court of Appeal;</p> - -<p>Whereas the Procureur d’État has addressed the Court for the -prosecution;</p> - -<p>Whereas the statements and defence of the accused have been heard, being -presented on behalf of Caudron by M. de Neutor, the defending Counsel -accepted by the Court;</p> - -<p>Whereas the Court of Appeal has received the appeal of the accused -Caudron, and the appeal of the Public Prosecutor relating to the latter, -and to the other accused, Silvanus Jones;</p> - -<p>Whereas the appeal of the accused Caudron is inadmissible, the appellant -not having deposited the costs in advance, in conformity with Article 78 -of the Decree of the 27th April, 1889;<span class="pagenum"><a name="page_II_51" id="page_II_51"></a></span></p> - -<p>Whereas, nevertheless, the appeal of the Public Prosecutor reopens the -whole case even in the interest of those served with the notice of -appeal.</p> - -<p>With regard to the accused Caudron;</p> - -<div class="blockquot"><p class="indd">On the first and second counts:</p></div> - -<p>Whereas it is proved by the evidence of the witnesses and by the -documents included in the “dossier”: (1) that, on the night of the 15th -to 16th October, 1902, at the station of Akula in the district of the -Melo, the accused Caudron, District Superintendent of the Société -Anversoise du Commerce au Congo, with a view to punish the inhabitants -of the village of Liboké for not furnishing the forced labour required -of them, gave orders to five of his workmen, armed with Albinis, to go -to the said village and fire on the inhabitants, orders which the -workmen executed, killing the Chief and several inhabitants of the -village;</p> - -<p>(2) That in the course of the months of January, February, and March -1903, in order to force the natives of the region of the Banga to -furnish a greater supply of rubber, he conducted an expedition into the -said region with twenty of his workmen, armed with Albinis, and -accompanied by a non-commissioned officer and fifty soldiers of the -State; that in the course of this expedition he dispatched the workmen, -armed with Albinis, and the soldiers, in small detachments, into the -localities of Magugu, Teriba, Bongu, Muibembetti and Kakoré, with -instructions to fire upon any natives they might meet—instructions -which the workmen and soldiers carried out, thereby causing the death of -a large number of natives;</p> - -<p>Whereas the accused acknowledges the general truth of these facts, but -pleads in extenuation that he acted in accordance with the -authorization, and even by the order, of the authorities, represented, -in the case of the Liboké incident, by M. Nagant, and, in the case of -the expedition against the Banga, by M. Jamart, both Heads of the -police-station at Binga;</p> - -<p>Whereas, in the case of the Liboké incident, all the witnesses -questioned on this point before the Court of First Instance and before -the Court of Appeal denied categorically that M. Nagant was at Akula -when the attack against that village took place, and that consequently -he could not have authorized by his presence the order given by the -accused Caudron, as the latter maintains;</p> - -<p>Whereas the “dossier” contains, however, certified copies of two letters -addressed by M. Collet, Manager of the station of Akula, to M. Nagant, -the first dated the 12th October, 1902, asking him to take action -against the village of Liboké, and the second dated the 16th -October—that is, the day after the attack—thanking him for his action, -and informing him that the natives had come in in the morning to the -station and had undertaken to accomplish their allotted tasks with -regularity; and the authenticity of these letters is denied by the -prosecution, who maintain that they were forged subsequently in the -interest of the accused;</p> - -<p>Whereas, however, the three facts: that they have been included in the -“dossier” by the Magistrate in charge of the case; that they were found -in the office of the police-station, and that they were admitted by M. -Collet in the course of the preliminary inquiry, do not allow of their -being considered as forgeries and consequently rejected;</p> - -<p>Whereas, since a doubt exists, the version most favourable to the -accused must be accepted—that is to say, that the Chief of the police -station, Nagant, was at Akula when the attack on the village of Liboké -took place, and that he was aware of, and authorized that attack;</p> - -<p>Whereas, consequently, any supplementary examination relative to the -said circumstances would be absolutely useless in the interest of the -defence;</p> - -<p>Whereas, in the case of the expedition against the Banga, the presence -in that expedition of the Chief of Police, Jamart, with fifty soldiers -of the State is not denied, and it is, moreover, proved that the accused -acted throughout on that occasion in perfect accord with the former; -whereas it remains, therefore, to be determined whether the presence and -the authorization of these representatives of authority may be taken as -justifying the action of the accused;</p> - -<p>Whereas it is a principle, expressly recognized by the codes on which -our legislation is based, that, in order to exclude the idea of an -offence, it is not enough that the action may have been ordered by the -Executive authorities, but it is necessary also that it should be -prescribed by the law;</p> - -<p>Whereas there is no doubt in the present instance that it is a case of -offences against common law, that is to say, of manslaughter committed -for a private purpose with the object of forcing the natives to supply -labour or produce;</p> - -<p>Whereas although the restoring of order has been occasionally vaguely -mentioned it is clearly shown by the evidence of all the witnesses, and -even by the reports addressed by<span class="pagenum"><a name="page_II_52" id="page_II_52"></a></span> the accused to the Director of the -Company, and by his letters to the officers of the district, that, in -committing these acts of hostility against the natives, he only had in -view the interest of his Company’s trade, and more especially the -increase in the amount of rubber collected;</p> - -<p>Whereas, even if there could be any doubt as to the nature of the -previous expedition against the Gwakas, no doubt can exist in this -respect in connection with the facts which are the subject of the -prosecution;</p> - -<p>Whereas, in any case, it is a well-established fact that at the time -these acts took place order had in no way been disturbed, either at -Liboké or among the Banga; that it does not appear that the victims of -these actions had committed any other fault than that of failing to -furnish the Company with the amount of labour required by it;</p> - -<p>On the other hand, seeing that the sole fact of not having paid the -taxes, even if they had been legally due (which they were not in this -case, because no law had yet authorized their collection), could not -justify such sanguinary measures;</p> - -<p>In the present instance it is still less possible to speak of war-like -acts, because to attack peaceable people and to fire upon single and -inoffensive individuals is certainly not making war;</p> - -<p>Whereas it is proved by the evidence of the witnesses, and by the -statements of the accused himself, that on no occasion during these -events did the natives attack or commit any sort of hostile act;</p> - -<p>Whereas there was not one killed or wounded among the soldiers or among -the Company employés;</p> - -<p>Whereas, therefore, it would be absurd to call it war; and killing under -such circumstances constitutes a crime which no law or necessity -authorizes, and which is punishable by the Penal Code, whether it be -committed by a private person or by a representative of authority;</p> - -<p>Whereas, on the other hand, the accused cannot plead in extenuation the -principle of official subordination, in view of the fact that such a -plea is only valid in the case of representatives of authority who carry -out the orders of an official superior, and then only so far as the -authority of that superior extends;</p> - -<p>Whereas the accused was not a representative of authority and he did not -owe official obedience to any one; it was in no way part of his duty as -an agent of a Company to co-operate in measures of repression; he was, -therefore, fully entitled to refuse to execute the orders which might be -given him to this effect, and, if he executed them, it was at his own -risk;</p> - -<p>Whereas, moreover, it is a principle of law that even obedience to one’s -official superior does not constitute a valid plea, when the illegality -of the order is obvious;</p> - -<p>Further, whereas there is no truth in the statement that the accused, as -he affirms, only obeyed the orders of the Chiefs of the police station;</p> - -<p>Whereas the truth, on the contrary, is that the latter were, in point of -fact, under his orders;</p> - -<p>Whereas a mere non-commissioned officer like Nagant; a mere military -assistant (corporal) like Jamart, could not have any authority over the -accused, who occupied the high position of a District Superintendent of -the Société Anversoise du Commerce au Congo, and had under his orders a -large staff of white men and natives;</p> - -<p>Whereas all the witnesses were unanimous in stating that in all the -expeditions which he made with the Chiefs of the police station, it was -he who commanded, gave orders to, and punished, not only his own men, -but even the soldiers of the State; whereas, especially in the case of -the expedition against the Banga, it is evident that corporal Jamart, -quite young and but recently arrived in Africa, knowing neither the -language nor the country, and, besides, so ill that he nearly always had -to be carried, and remained several days’ journey to the rear, was -simply a lay figure made use of by the accused in the belief that by -Jamart’s presence he would be able to cover his own illegal actions and -to involve the State in his own responsibility;</p> - -<p>Whereas it is therefore useless for the accused to plead good faith in -having acted in accord with the representatives of authority;</p> - -<p>Whereas he knew that he ought not to kill, and that he was even less -justified in so doing in the interests of trade;</p> - -<p>He knew that it is not tolerated by the laws of the State;</p> - -<p>He knew, also, that several of his predecessors and colleagues in the -same region and belonging to the same Company had received very severe -sentences from the Court for similar offences;</p> - -<p>He thought he would be cleverer than the others in trying to cover his -responsibility by making use of State employés;</p> - -<p><span class="pagenum"><a name="page_II_53" id="page_II_53"></a></span>But if this precaution turns out to be ineffectual—if he realizes too -late that criminal responsibility cannot be so easily eluded—he has no -right to describe himself as the victim of an error;</p> - -<p>Whereas, if he was mistaken, it was not with regard to the morality of -the actions which he committed, but with regard to the value of the ruse -which he made use of to cover them;</p> - -<p>Whereas, however, the accused insists upon the request which he had -already made in First Instance—to wit, that the Tribunal should order a -supplementary inquiry, in order to have incorporated in the “dossier” -the political Reports sent by the higher administrative authorities of -the region to the Local Government—which would show that the said -authorities had known and approved of the actions of which he is -accused, and even of previous and subsequent expeditions which he had -made with the troops of the State; whereas the local Government, -questioned by the examining Magistrate, declared that, as a matter of -principle, it did not think it possible to produce these documents, and, -moreover, the said documents contained nothing that could refer to the -facts mentioned by the accused;</p> - -<p>Whereas the defence contests these declarations in law and in fact;</p> - -<p>Whereas the right of the judicial authority to demand, and even to -search for in any public or private place, any document which might lead -to a conviction or an acquittal, cannot be denied in principle;</p> - -<p>Whereas this right, which is given to the judicial authority by law, can -only be curtailed also by law; whereas neither the Congo legislation, -nor the legislation on which it is founded, fixes any limitation in -favour of the Public Departments;</p> - -<p>Whereas if an exception be made in the case of diplomatic -representatives, that is on account of the fiction of the -extra-territoriality of their residence; whereas there is no place of -asylum;</p> - -<p>Whereas, however, it is the duty of the judicial authority to proceed in -such matters with the greatest circumspection, and only if the documents -demanded are of obvious use to the prosecution or the defence;</p> - -<p>Whereas, in the present instance, the defence thinks that it can deduce -from these documents the approval, and, in any case, the toleration of -the authorities in connection with these actions;</p> - -<p>Whereas, as has been set forth above, even the definite order, and, -therefore, still less the toleration of the authorities, could not be -held to justify acts contrary to the law;</p> - -<p>Whereas this principle has already, for a long time past, and on several -occasions, been affirmed by the Tribunals of the State;</p> - -<p>Whereas, consequently, in no case could the accused find in the -documents, the production of which he demands, justification for the -actions with which he is charged;</p> - -<p>Whereas the utmost he could do would be to adduce the toleration of the -authorities as an extenuating circumstance;</p> - -<p>Whereas, in this connection, it may be fittingly observed that the -documents of the “dossier” itself, and the evidence of witnesses, go to -prove the existence of a certain toleration on the part of the -authorities;</p> - -<p>Whereas, indeed, the presence and the co-operation of the heads of the -police station of Binga, at the time of the Qiboke affair, and of the -expedition against the Banga, have been admitted by the Tribunal. -Whereas the evidence of the witnesses also goes to prove that the -accused, accompanied by agents and soldiers of the State, had, -previously and subsequently, conducted other punitive expeditions -against the natives;</p> - -<p>Whereas this is sufficient ground at least for presuming the toleration -of the higher authorities of the district, and for admitting this -toleration as an extenuating circumstance in favour of the accused;</p> - -<p>Whereas, consequently, all supplementary inquiry on this subject, even -if it might serve to prove the responsibility of other persons, could be -of no service to the accused;</p> - -<div class="blockquot"><p class="indd">On the third count:</p></div> - -<p>Whereas it is proved by the evidence of witnesses, and admitted by the -men accused, that at Muibembetti, in the course of an expedition against -the Banga, the accused in question, having lost his temper owing to a -delay on the part of the carriers, fired upon them with his shot-gun -loaded with small shot; one of the two discharges wounded a native woman -in the back; and the wound was slight and did not cause her to be -incapacitated from work;</p> - -<div class="blockquot"><p class="indd">On the fourth count:</p></div> - -<p>Whereas the accused admits having caused to be detained at the factory -of Mimbo some twenty natives who had been taken prisoners in the course -of the expedition against<span class="pagenum"><a name="page_II_54" id="page_II_54"></a></span> the Banga, and that their detention had no -other object than to force their villages to collect rubber; whereas he -alleges in his defence that these people had been arrested with the -authorization and assistance of Jamart, the Chief of the police station; -whereas they were awaiting at Mimbo the instructions of the Commander of -the police forces; whereas he maintains that this act was perfectly -legal because the Government had, since the month of April 1901, -authorized the Société Anversoise du Commerce au Congo to exact rubber -as a tax from the people, and had decreed the penalty of detention in -the case of refusal;</p> - -<p>Whereas, in fact, the Public Prosecutor declared in the course of a -trial before the Court of First Instance that he was authorized to state -that a letter was in existence from the Governor-General to the -Commissioner of the district of Nouvelle-Anvers, granting to the Société -Anversoise du Commerce au Congo the right to exact rubber as a tax; -whereas this letter adds that the Commander of the police force may, in -case of refusal, put in force the penalty of detention; that he may -delegate that right to an agent of the Société Anversoise du Commerce au -Congo, but that it will always rest with him to decide if the detention -is to be confirmed or not;</p> - -<p>Whereas it is quite evident that taxes could not be established, or -detention in case of non-payment decreed, by a mere letter;</p> - -<p>And whereas the right of imposing taxes on the people, and of fixing -penalties can only belong to the King Sovereign, or to those to whom he -has legally delegated his authority for that purpose;</p> - -<p>And whereas the Judicature would fail in its duty and its mission if it -recognized in any other authority those powers which are reserved to the -sovereign authority;</p> - -<p>And whereas a law duly decreed and published would therefore have been -necessary;</p> - -<p>And whereas such a law has only appeared quite recently, a very long -time after the acts which form the subject of the prosecution, and it -requires, moreover, in order to render the penalty of detention -applicable, conditions which do not exist in this case;</p> - -<p>Whereas, consequently, the letter of the Governor-General being unable -to run counter to the Penal Code could not justify the violation of -individual liberty;</p> - -<p>And whereas it is quite possible that the accused may have been mistaken -on this point, but the fact of acting in good faith cannot be taken as a -justification for a breach of the law;</p> - -<p>Whereas it is just, however, to take this into consideration in order to -give the accused, on this head, the benefit of extenuating circumstances -to the greatest extent possible;</p> - -<div class="blockquot"><p class="indd">On the fifth count:</p></div> - -<p>Whereas it is established and admitted by the men accused that one of -the prisoners detained at Mimbo, having attempted to escape during the -night, was killed with an Albini rifle by the sentry on guard;</p> - -<p>And whereas the accused maintains that he had absolutely nothing to do -with this act;</p> - -<p>Whereas, although it is established by the evidence of the witnesses -that the accused had always given his men orders to fire on prisoners -who tried to escape, it is not, however, proved that the sentry who -fired was one of the men placed directly under his orders;</p> - -<p>Whereas, on the contrary the proceedings seem to show that the man in -question was a workman of the post of Mimbo, and that he had been placed -as a sentry by the Manager of that factory;</p> - -<p>And whereas the murder, therefore, could not be imputed to the accused;</p> - -<div class="blockquot"><p class="indd">On the sixth count:</p></div> - -<p>Whereas the accused admits that upon his return from the expedition -against the Banga, a native Chief was killed in the prison of the police -station of Banga by the soldiers of that station;</p> - -<p>Whereas he admits that on two occasions, when he was in the company of -Jamart, the soldiers came to ask for instructions relating to this -prisoner, who was making a disturbance; and he also admits that he was -actually present in the prison when the prisoner was killed; whereas, -however, he affirms that neither he, nor Jamart, gave any order to the -soldiers, and that he went to the prison solely to induce the prisoner -to remain quiet;</p> - -<p>Whereas all the witnesses interrogated on this point in the course of -the preliminary inquiry, and at the hearing of the case, did, in a -manner the most precise, and consistent in the most minute details, -affirm that the accused twice gave the order to kill; first to Sergeant -Tangua, who had come for instructions; and on the second occasion to the -same sergeant and to the soldier Rixassi when they returned to get the -order confirmed; and that it was the accused himself, who, in the -prison, after the sergeant had fired upon the prisoner and missed him, -handed the gun to the soldier Rixassi, who killed him;<span class="pagenum"><a name="page_II_55" id="page_II_55"></a></span></p> - -<p>Whereas the latter detail was also given by the witness Houart, confined -in the prison at Boma, when the other witnesses were still in the Upper -Congo; and it is, therefore, impossible that it was invented;</p> - -<p>Whereas these two circumstances, absolutely established by other -evidence as well as that of native witnesses, that the accused was in -the prison and that he handed the gun to the man who fired, confirm in -the most positive manner the fact that it was he who gave the order to -fire, an order which the soldiers who were returning from the -expedition, on which they had always looked upon the accused as their -Commandant, could not hesitate to execute;</p> - -<p>Whereas it is, moreover, amply evident that they certainly would not -have killed without instructions, even in the presence of the accused;</p> - -<div class="blockquot"><p class="indd">On the seventh count:</p></div> - -<p>Whereas the facts cited in the prosecution are established, and admitted -by the accused, and constitute breaches of the Regulations as to -fire-arms;</p> - -<div class="blockquot"><p class="indd">On the eighth count:</p></div> - -<p>Whereas, as the first Judge declared, it is merely a question in this -case of a simple exchange of ammunition between the troops of the State, -and the Company’s armed men; and whereas a simple exchange cannot -constitute a fraudulent abstraction, or (when it is only a question of -cartridges, and not of the weapon itself) a contravention of the -Regulations as to fire-arms;</p> - -<p>Whereas, for the reasons given above, the accused must be declared -guilty of murders with premeditation, as the moral author, through abuse -of authority, of the deeds he is charged with on the first, second, and -sixth counts; of blows and wounds on the third count; of arbitrary -detention on the fourth count; of contraventions of the Regulations as -to fire-arms on the seventh count; and he should be acquitted on the -remainder of the counts;</p> - -<p>Whereas there are reasons for granting extenuating circumstances to the -accused, not only on account of the considerations submitted on the -first, second, and fourth counts, but also on account of his good -previous character during his long stay in Africa, and the great -difficulties under which he must have laboured, as he had to do his duty -in the midst of a population entirely hostile to all idea of work, and -which only respects the law of force, and knows no other argument than -terror;</p> - -<p>Whereas it must be recognized that it must be very difficult to act -within the law in a country still absolutely barbarous and savage, more -especially when the laws to be obeyed in that country are the same as -those which govern the most civilized peoples;</p> - -<p>Whereas, to conclude, it is just to bear in mind that, although the acts -are in themselves very grave, they lose a part of their gravity when -they are considered in connection with the surroundings, in which, -according to immemorial custom, human life has no value, and pillage, -murder, and cannibalism were, until the other day, of ordinary -occurrence.</p> - -<div class="blockquot"><p class="indd">As regards the accused Silvanus Jones:</p></div> - -<p>Whereas it is duly established by the consistent testimony of the -witnesses, and even by the contradictory evidence of the accused -himself, that, during the month of October 1902, when he was Chief of -the post of the Société Anversoise du Commerce au Congo at Bussa-Baya, -he ordered the men placed under his orders to proceed to the -neighbourhood of the factory, and to kill the natives that they met, to -punish them for not having furnished a sufficient quantity of rubber, an -order which his servant Bongi executed by killing a woman;</p> - -<p>Whereas the accused maintains, as a subsidiary plea, that in any case he -acted, as in other circumstances, in accordance with the orders of his -superiors, especially with those of the District Chief M. Caudron;</p> - -<p>Whereas—although these orders are not well established—the methods -adopted by the District Chief Caudron to obtain rubber from the natives, -and the fact that the accused had been placed at Bussa-Baya secretly, -and that that post had been armed with eight Albini rifles without -permission, give colour to the supposition, in favour of the accused, -that in point of fact, he did but follow the instructions of his Chiefs;</p> - -<p>And whereas, however, for the reasons already given, these orders could -in no way justify or exculpate the accused;</p> - -<p>And whereas he could not even be regarded as a passive and unconscious -instrument in the hands of his Chiefs, because, although a black, he -possesses some mental culture and belongs to a country already partly -civilized;<span class="pagenum"><a name="page_II_56" id="page_II_56"></a></span></p> - -<p>And whereas he must have known perfectly well that to kill is a crime;</p> - -<p>And whereas he, moreover, acted in his personal interest because he was -paid in proportion to the rubber he collected;</p> - -<p>Whereas, however, it is just to concede to him extenuating circumstances -to the greatest possible extent, taking into account his surroundings -and the example set by his Chief; and whereas it must be admitted that -it would have been very difficult for a black man to withstand the -influence of example;</p> - -<p>And whereas, therefore, the Court of Appeal expresses the hope that the -rigour of the penalty, which, according to law, it is compelled to -confirm, may, in the case of this prisoner, be modified as soon as -possible, by his conditional release;</p> - -<p>For these reasons and those, cited by the First Judge, which do not -conflict with them;</p> - -<p class="indd"> -The Court of Appeal:<br /> -</p> - -<p>Taking into consideration Articles 78 of the Decree of the 27th April, -1889; 3, 4, 11, 98, 101 (<i>bis</i>) and 101 (4) of the Penal Code; 2 and 9 -of the Decree of the 10th March, 1892, and the Order of the 30th April, -1901;</p> - -<p>Declares the appeal of the accused Caudron to be inadmissible;</p> - -<p>And, on the appeal of the Public Prosecutor—</p> - -<p>Amends the Judgment appealed against with respect to the accused -Caudron, in regard to the penalty pronounced, and condemns him on the -count of murders with premeditation, of blows and wounds, of arbitrary -detention, and contraventions of the Regulations as to fire-arms, with -extenuating circumstances, to five years’ penal servitude;</p> - -<p>Confirms in other respects the Judgment which was the subject of appeal, -also as regards the accused Silvanus Jones;</p> - -<p>Ordains that the costs of the appeal shall be borne by the State.</p> - -<p>Thus judged and pronounced in public sitting by the Tribunal, composed -of M. Giacomo Nisco, President; MM. Albert Sweerts and Michel -Cuciniello, Judges; M. Fernand Waleffe, Public Prosecutor; M. Paul -Hodüm, Clerk.</p> - -<p class="r"> -The President,<br /> -(Signed) G. NISCO.<br /> -</p> - -<p> -<span style="margin-left: 1em;">The Judges,</span><br /> -<span style="margin-left: 1em;">(Signed) <span class="smcap">Sweerts</span>.</span><br /> -<span style="margin-left: 4em;"><span class="smcap">M. Cuciniello</span>.</span><br /> -<br /> -<span style="margin-left: 1em;">The Clerk,</span><br /> -<span style="margin-left: 4em;"><span class="smcap">P. Hodüm</span>.</span><br /> -</p> - -<h4>Inclosure 2 in No. 3.</h4> - -<div class="blockquot"><p><i>Acting Consul Nightingale’s Interview with Silvanus Jones, a -Native of Lagos, under Sentence of Ten Years’ Penal Servitude, in -the Prison at Boma, for certain Atrocities committed whilst in the -Employ of the S.C.A. (Société Congolaise Anversoise).</i></p></div> - -<p><i>Q.</i> HOW long have you been in the employ of the S.C.A.?—<i>A.</i> I served -five years, and then went home to Lagos, and after staying at home some -time I returned to the Congo, and was re-engaged by the same Company. I -am now completing the second year of my new contract.</p> - -<p><i>Q.</i> In what capacity were you engaged by the S.C.A.?—<i>A.</i> As a -carpenter.</p> - -<p><i>Q.</i> How is it that, being engaged as a carpenter, you were buying -rubber?—<i>A.</i> There was no more carpentering to be done, and as I had -not completed my contract, I was ordered to buy rubber. Formerly I used -to buy rubber at the same time as I was doing the carpentering.</p> - -<p><i>Q.</i> Have you ever killed, ill-treated the natives, or burnt down their -houses?—<i>A.</i> On my oath, I never have.</p> - -<p><i>Q.</i> Do you understand the nature of an oath?—<i>A.</i> Yes; and if there -were a Bible here I would swear on it.</p> - -<p><i>Q.</i> Can you read and write?—<i>A.</i> Only a very little—just my name.</p> - -<p><i>Q.</i> Were you aware that people were being shot or otherwise -ill-treated, and that their villages were burnt?—<i>A.</i> Yes; I heard of -such things going on, but I never witnessed anything of the sort except -on one occasion at my own station. It was one day (the 9th December, -1902) when I was lying down, and suddenly I heard firing from outside, -and a shot came through my house and nearly hit me. When I went<span class="pagenum"><a name="page_II_57" id="page_II_57"></a></span> outside -I found a white agent of the Company, who had ordered his men (soldiers) -to fire on a man and woman from about 120 yards’ distance. They were -both killed. The woman was pregnant. When I asked the white agent (whose -name I cannot remember) why he came and upset the people of my station, -he replied, “How dare you speak to me, you black man; don’t you see that -I am a white man, and can give what orders I like!”</p> - -<p><i>Q.</i> Were you ever ordered to go and punish the natives?—<i>A.</i> Yes. On -one occasion, especially, I was ordered to send and punish some people -who had fled into the bush. So I thought for a time as to what I should -do, and at last resolved to send four soldiers into the bush to try and -catch the people and bring them to me to see if I could make friends -with them. I ordered the soldiers not to shoot any one, and sent my boy -(a Bangala) with them to see that no shooting was done. They caught a -man and a woman in the bush and took them to Little Basango (about three -hours from my station), instead of coming back to me. It was my Bangala -boy who shot the woman whilst she was stooping down at the side of the -river, and she fell into the water and was carried away. I never saw the -woman or her corpse, as it was carried away by the stream. I went down -the river (about two and a-half hours’ journey in a canoe going there, -and about six hours to come back) to report the affair to the white -agent at the post there. It is for this affair, I am given to -understand, that I am punished. But really I am not to blame, as I gave -strict orders to the soldiers not to shoot any one.</p> - -<p><i>Q.</i> Did you know when you were sent for to come to Boma that you were -going to be tried for committing certain outrages on the natives?—<i>A.</i> -No.</p> - -<p><i>Q.</i> Were you brought down to Boma under a military escort?—<i>A.</i> No; I -came down alone; but when I arrived at Boma I was met by a guard of -soldiers, and was taken to the prison, where I remained five days, and -was then let out.</p> - -<p><i>Q.</i> Did you know that you were going to be tried for various outrages -committed on the natives?—<i>A.</i> No; I was under the impression that I -had been called as a witness against that man.</p> - -<p>[Jones pointed to a man who was writing at a desk in the gaoler’s -office, who, I was told, was M. Caudron.]</p> - -<p><i>Q.</i> You knew absolutely nothing about your being kept in Boma to be -tried for serious offences you were accused of having committed?—<i>A.</i> I -knew absolutely nothing.</p> - -<p><i>Q.</i> Would you have employed an advocate to defend you had you known -that you were going to be tried for such serious offences against the -laws of the country?—<i>A.</i> Most certainly I would. I brought down with -me 3,500 fr., and the Judge has got 3,000 fr. of that sum, which I wish -you to mind for me. I think you have the receipt.</p> - -<p>[<i>Note.</i>—The receipt was handed to Mr. Nightingale by a Lagos man named -Shanu a few days ago.]</p> - -<p><i>Q.</i> You know, I suppose, that you have been sentenced to ten years’ -penal servitude?—<i>A.</i> Yes; I was sentenced to ten years by the first -Judge, but the second Judge reduced it to two and a-half years; and they -say that if I behave properly that I may get my liberty in six months.</p> - -<p>[<i>Note.</i>—Jones has misunderstood his sentence. The sentence of ten -years passed in the Court of First Instance was upheld in the Appeal -Court.]</p> - -<p><i>Q.</i> What work have they given you to do here?—<i>A.</i> I am employed on -the carpentering work of this building (pointing to a stone house that -is in course of construction).</p> - -<p><i>Q.</i> You declare you are perfectly innocent of the charges brought -against you, and for which you have been condemned to ten years’ penal -servitude?—<i>A.</i> Yes, Sir; I am innocent.</p> - -<p><i>Q.</i> You wish me to hold the 3,000 fr. for you?—<i>A.</i> Yes; if you -please, Sir.</p> - -<p class="r"> -(Signed) A. NIGHTINGALE.<br /> -</p> - -<p><i>Boma, March 21, 1904.</i><span class="pagenum"><a name="page_II_58" id="page_II_58"></a></span></p> - -<h4>Inclosure 3 in No. 3.</h4> - -<p class="c"><i>Note.</i></p> - -<p>JONES, SILVANUS, originaire de Lagos, clerc au service de la Société -Commerciale Anversoise, prévenu d’avoir, à la fin de l’année 1902, -envoyé des travailleurs de la Société Anversoise du Commerce au Congo, -armés de fusils Albini, dans les environs de la factorerie de Bussu-Baya -et avoir ainsi été la cause directe de la mort d’une femme de Bassanga, -tuée d’un coup d’Albini, par son domestique Bangi—infractions prévues -par les Articles 1 et 9 du Décret de 10 Mars, 1892, et l’Arrêté du 30 -Avril, 1901, sur les armes à feu et 1 et 2 du Code Pénal.</p> - -<p>L’Article 1 du Décret du 10 Mars, 1892 (B.O., 1892, p. 14), interdit -l’importation, le trafic, le transport, et la détention d’armes à feu -quelconques, ainsi que la poudre, de balles et de cartouches. L’Article -9 du même Décret punit toute infraction à cette disposition d’une amende -de 100 fr. à 1,000 fr., et d’une servitude pénale n’excédant pas une -année, ou de l’une de ces peines seulement. L’Arrêté du 30 Avril, 1901 -(R.M., p. 86), subordonne à certaines formalités les demandes pour la -délivrance de permis de port d’armes. L’Article 1 du Code Pénal (L. 11) -définit l’homicide et les lésions corporelles volontaires. L’Article 2 -définit le meurtre et le punit de la servitude pénale à perpétuité.</p> - -<p class="c">(Translation.)</p> - -<p>SILVANUS JONES, native of Lagos, clerk in the Service of the Société -Commerciale Anversoise, accused of having, at the end of the year 1902, -sent some workmen in the employ of the Société Anversoise du Commerce au -Congo, armed with Albini rifles, to the neighbourhood of the Bussu-Baya -factory and thus been the direct cause of the death of a woman of -Bassanga, who was killed by a shot from an Albini fired by his servant -Bangi—which offences are covered by Articles 1 and 9 of the Decree of -the 10th March, 1892, and the Order of the 30th April, 1901, respecting -fire-arms and 1 and 2 of the Penal Code.</p> - -<p>Article 1 of the Decree of the 10th March, 1892 (B.O., 1892, p. 14), -forbids the importation, trade in, transport and keeping of, any -fire-arms whatever, or of powder, bullets, or cartridges. Article 9 of -the same Decree punishes every infraction of this provision by a fine of -100 fr. to 1,000 fr. and by a term of penal servitude not exceeding one -year, or by one only of those penalties. The Order of the 30th April, -1901 (R.M., p. 86), attaches certain formalities to requests for the -delivery of permits to carry arms. Article 1 of the Penal Code (L. 11) -defines homicide and wilful bodily injury. Article 2 defines murder and -punishes it by penal servitude for life.</p> - -<h3><a name="No_4-II" id="No_4-II"></a>No. 4.<br /><br /> -<small><i>Sir C. Phipps to the Marquess of Lansdowne.</i>—(<i>Received May 16.</i>)</small></h3> - -<p class="nind"> -My Lord,<br /> -</p> - -<p class="r"> -<i>Brussels, May 14, 1904.</i><br /> -</p> - -<p>M. de Cuvelier handed to me this evening a Memorandum, of which I have -the honour to inclose copy, which has been drawn up at the Congo -Ministry in rejoinder to the points raised in your Lordship’s despatch -of the 19th ultimo, on the subject of the administration of the Congo.</p> - -<p class="r"> -I have, &c.<br /> -(Signed) CONSTANTINE PHIPPS.<br /> -</p> - -<h4>Inclosure in No. 4.</h4> - -<p class="c"><i>Memorandum.</i></p> - -<p>LA dépêche de Lord Lansdowne du 19 Avril, 1904, dont copie a été remise -par Son Excellence Sir Constantine Phipps au Gouvernement du Congo le 27 -Avril suivant, appelle quelque considérations.</p> - -<p>Relativement à l’appréciation contre laquelle s’élève cette dépêche -“that the interests of humanity have been used in this country as a -pretext to conceal designs<span class="pagenum"><a name="page_II_59" id="page_II_59"></a></span> for the abolition of the Congo State,” l’on -voudra bien se souvenir qu’un membre de la Chambre des Communes -déclarait qu’il préfèrerait “voir la vallée du Congo passer à une -Puissance étrangère,” et que des pamphlets indiquaient comme “absolute -and immediate necessities,” “Disruption of the Congo Free State,” -“Partition of the Congo Free State among the Powers,” et suggéraient -même les bases d’un tel partage, tandis que des organes de la presse -Anglaise envisageaient soit l’alternative “advocated by the more -thorough-going critics of the present Administration, namely, the -disruption of the Congo Free State,” soit l’alternative de “the -partition of the Congo territory among the Great Powers whose -possessions in Africa border those of the Congo State,” ou déclaraient -“what Europe ought to do, under the leadership of Great Britain, is -summarily to sweep the Congo Free State out of existence.” La Note de -l’État du Congo du 17 Septembre a relevé ces suggestions, dont nous -n’indiquons ici que la tendance et qui toutes avaient pour objet de -spolier le Roi-Souverain, de le déposséder de l’État qui était sa -création personnelle—suggestions qui se concilient bien mal avec le -respect du droit et des Traités, et avec les motifs d’ordre purement -humanitaire et philanthropique dont se disent exclusivement animés les -adversaires de l’État dans la campagne passionnée qu’ils mènent contre -lui.</p> - -<p>En réponse aux objections que le Gouvernement de Sa Majesté élève contre -la communication du texte intégral du Rapport de Mr. Casement, le -Gouvernement de l’État du Congo fait remarquer qu’il a demandé la -communication de ce Rapport complet en vue précisément de le transmettre -aux autorités judiciaires et administratives compétentes, sans quoi -cette communication serait sans objet. Le souci d’une enquête impartiale -et les droits de la défense exigent impérieusement que les accusés -connaissent, d’une manière précise et dans leurs détails, les faits mis -à leur charge, et l’appréhension que les personnes accusées pourraient, -de par la connaissance qu’elles auraient de ces détails, influencer ou -supprimer des témoignages ne semble pas justifiée par ce seul fait que -des indigènes, qui, dans l’affaire Epondo, avaient fourni au Consul des -informations mensongères, ont évité par la suite de se représenter -devant le Magistrat enquêteur; la fuite de ces témoins s’explique plus -naturellement par le sentiment de la faute grave qu’ils avaient commise -en trompant sciemment le Consul Anglais. Si le Gouvernement du Congo -peut donner, et donne volontiers, l’assurance que tout acte ou toute -tentative de subornation de témoins serait poursuivi, il n’est -évidemment pas en son pouvoir de préjuger ou d’enrayer les mesures -légales que croiraient devoir prendre, dans l’intérêt de leur honneur ou -de leur considération, des personnes qui se trouveraient avoir été -faussement accusées.</p> - -<p>Le Gouvernement de l’État du Congo regrette que le Gouvernement de Sa -Majesté Britannique n’estime pas devoir lui communiquer les autres -Rapports Consulaires antérieurs auxquels faisait allusion la dépêche de -Lord Lansdowne du 8 Août, 1903. Ainsi que le disaient les notes du 12 -Mars dernier, ces rapports présentaient l’intérêt d’avoir été écrits à -une date à laquelle de débat actuel n’était pas né.</p> - -<p>Une copie de ce Mémorandum sera adressée aux Puissances auxquelles a été -transmise la copie de la dépêche de Lord Lansdowne du 19 Avril dernier.</p> - -<p class="hang"> -<i>État Indépendant du Congo, Bruxelles,<br /> -le 14 Mai, 1904.</i><br /> -</p> - -<p class="c">(Translation.)</p> - -<p>LORD LANSDOWNE’S despatch of the 19th April, 1904, a copy of which was -handed to the Congo Government on the 27th April by his Excellency Sir -Constantine Phipps, calls for certain remarks.</p> - -<p>With regard to the opinion to which this despatch takes exception, “that -the interests of humanity have been used in this country as a pretext to -conceal designs for the abolition of the Congo State,” it will be well -to remember that a Member of the House of Commons declared that he would -prefer “to see the Valley of the Congo pass into the hands of a foreign -Power,” and that some pamphlets described the “Disruption of the Congo -Free State,” the “Partition of the Congo Free State among the Powers,” -as absolute and immediate necessities, and even went so far as to -suggest the bases of such a partition, while the organs of the English -press contemplated one of two alternatives, either that “advocated by -the more thorough-going critics of the present Administration, namely, -the disruption of the Congo Free State,” or “the partition of the Congo -territory among the Great Powers whose possessions in Africa border -those of the Congo Free State,” or declared that “what Europe ought to -do, under the leadership of Great Britain, is summarily to sweep the -Congo Free State<span class="pagenum"><a name="page_II_60" id="page_II_60"></a></span> out of existence.” The Congo State Note of the 17th -September has called attention to these suggestions, of which we merely -point out the tenour in this instance, and which all aimed at despoiling -the Sovereign King, and at dispossessing him of the State which was his -own creation—suggestions which are entirely incompatible with respect -for rights and Treaties, and with the motives of a purely humanitarian -and philanthropic nature by which the enemies of the State allege -themselves to be exclusively animated in the passionate campaign which -they are conducting against it.</p> - -<p>In reply to the objections raised by His Majesty’s Government against -the communication of the entire text of Mr. Casement’s Report, the -Government of the Congo State points out that it has asked for the -complete Report precisely with a view to transmitting it to the -competent judicial and administrative authorities, without which this -communication would be purportless. The anxiety to obtain an impartial -inquiry and the rights of the defence render it an imperative necessity -that the men accused should be informed, in a precise and fully-detailed -manner, of the acts laid to their charge; the fear that the persons -accused might be able, by means of the knowledge they would have of the -details, to influence or suppress evidence, does not appear to be -justified by the mere fact that the natives, who, in the Epondo case, -had given mendacious information to the Consul, subsequently avoided -presenting themselves before the Magistrate presiding over the inquiry; -the flight of these witnesses is explained more naturally by the fact -that they were conscious of the grave fault they had committed in -wittingly deceiving the English Consul. If the Congo Government be -permitted to give an assurance, which it does willingly, that any case -of suborning witnesses, or any attempt to do so, would form the subject -of a prosecution, it is evidently not within its power to prejudice or -quash such legal measures as persons who might find themselves -wrongfully accused might consider it necessary to take, either in the -interests of their honour or their dignity.</p> - -<p>The Government of the Congo State regrets that His Majesty’s Government -does not deem it necessary to communicate to it the other previous -Consular Reports to which Lord Lansdowne’s despatch of the 8th August, -1903, alluded. As was stated in the notes of the 12th March last, these -reports possessed the interest of having been written at a date anterior -to the inception of the present discussion.</p> - -<p>A copy of this Memorandum will be addressed to the Powers to whom copies -of Lord Lansdowne’s despatch of the 19th April last was transmitted.</p> - -<p class="hang"> -<i>Congo Free State, Brussels,<br /> -May 14, 1904.</i><br /> -</p> - -<h3><a name="No_5-II" id="No_5-II"></a>No. 5.<br /><br /> -<small><i>The Marquess of Lansdowne to Sir C. Phipps.</i></small></h3> - -<p class="nind"> -Sir,<br /> -</p> - -<p class="r"> -<i>Foreign Office, June 6, 1904.</i><br /> -</p> - -<p>WITH reference to my despatch of the 19th April, I transmit to you, for -communication to the Congo Government, a Memorandum on the remaining -points in the “Notes” handed to you on the 13th March which would appear -to His Majesty’s Government to call for observation.</p> - -<p>I request you, in presenting this Memorandum, to take the opportunity of -stating that His Majesty’s Government much regret that, in M. de -Cuvelier’s Memorandum of the 14th May, a more definite reply is not -returned to the inquiries which they deemed it necessary to make before -considering whether they could furnish the full text of Mr. Casement’s -Report. My despatch explained that the names in the Report had been -suppressed, not from any want of confidence in the Central Government of -the Congo State, but from apprehension that the information, if made -generally public, would place it in the power of persons charged with -abuses to procure the suppression or repudiation of evidence, or to -punish those who had given it. His Majesty’s Government asked, -therefore, whether the Congo Government would accept full responsibility -for the use which would be made of the information, and would -communicate the measures they were prepared to adopt and enforce in -order to protect the witnesses who gave evidence to Mr. Casement from -the possibility of exposure to acts of intimidation or retaliation. It -was clearly incumbent upon His Majesty’s Government to provide as far as -possible for the safety of those at any rate whose statements to a -British officer were made with no knowledge that<span class="pagenum"><a name="page_II_61" id="page_II_61"></a></span> they would be cited by -name as responsible for charges upon which public proceedings would be -based. They entertained therefore no doubt that the Congo Government -would appreciate their motives, and would willingly undertake, in -furtherance of the object which both Governments have in view, to meet, -so far as lay in their power, the requirements of the case. The -Memorandum handed to you by M. de Cuvelier, after dwelling upon the -necessity of full information for the purpose of investigation, merely -declares that the Government of the Congo are ready to give an assurance -that proceedings will be taken against all who attempt to suborn -witnesses, but that they cannot prejudice or prevent legal measures -instituted in defence of their honour or reputation by those who may -have been falsely accused.</p> - -<p>His Majesty’s Government cannot accept as adequate or satisfactory an -answer which implies that the information which they are asked to supply -will be accessible to the very persons whose conduct has been impugned, -before any measures have been taken to shield the witnesses from the -exercise of improper pressure. They have, of course, never entertained -the idea that the Congo Government would connive at any such malpractice -as the subornation of witnesses. They have not asked, and have never -intended to suggest, that legal remedies should be denied to those -against whom unfounded accusations have been publicly brought, nor do -they desire that those, if any, who have given such false evidence -should be shielded from the proper legal penalty for their offence. What -they require is that the Congo Government, in accordance with the -recognized principles of civilized administration, will take every means -to secure that the witnesses, if their names should be divulged, will -suffer no harm in their property or persons from the unlawful violence -of those to whose desire for revenge they may be exposed. No argument -can be entertained to the effect that acts of violence are improbable or -impossible under a system such as that revealed by the Judgment -pronounced by the Court of Appeal at Boma in the Caudron Case, and His -Majesty’s Government earnestly trust that the Congo Government will -recognize the immense service that will be rendered both to the cause of -humanity and to the credit of their own officers by promoting -unreservedly a full and public investigation by a Tribunal of recognized -competence and impartiality into the charges made against their agents -and against their system of administration.</p> - -<p>There is another point to which His Majesty’s Government must call -attention. The inquiry promised in the “Notes” is, no doubt, intended to -be of a searching and impartial character, and His Majesty’s Government -hoped that they would before now have received some indication of the -measures designed to carry out this intention. In the peculiar -circumstances which have arisen, strict impartiality will hardly be -attributed to an investigation conducted as in the Epondo case solely by -the officers of the State or by the agents of the Concessionary -Companies, nor will the result carry conviction to the degree which -seems essential. The matter is one which must be left to the decision of -the Congo Government, and it is only because, in the judgment of His -Majesty’s Government, the whole question at issue turns in a great -measure upon the position and character of those charged with the -inquiry that they feel justified in mentioning the point, and in -suggesting that a Special Commission should be appointed, composed of -Members of well-established reputation, and in part, at least, of -persons unconnected with the Congo State, to whom the fullest powers -should be intrusted both as regards the collection of evidence and the -measures for the protection of witnesses. Were a Commission of this -character appointed His Majesty’s Government would be prepared to place -at the disposal of the Members, for their own use and guidance, all the -information they possess respecting the position of affairs in the -Congo, and would give them every assistance, in the confident belief -that an independent Commission such as they have suggested would elicit -the truth, and effect in a manner commanding general acceptance a -settlement of the existing controversy.</p> - -<p>You will read this despatch to M. de Cuvelier and give a copy of it to -his Excellency. Copies of the despatch and of the inclosed Memorandum -will also be forwarded to the Powers who were Parties to the Berlin Act.</p> - -<p class="r"> -I am, &c.<br /> -<br /> -(Signed) LANSDOWNE.<br /> -</p> - -<h4>Inclosure in No. 5.</h4> - -<p class="c"><i>Memorandum.</i></p> - -<p>THE first portion of the “Notes” refers to the desire expressed by the -Congo Government for the production of the previous Reports of His -Majesty’s Consuls alluded to in the Circular of His Majesty’s Government -of the 8th August last. This matter has already been dealt with in the -despatch addressed to Sir C. Phipps on the 19th of April.</p> - -<p>The next point in the “Notes” is the statement made by Mr. Casement that -the population has decreased in certain districts; doubt is expressed as -to how, in the course of his rapid visits, he was able to arrive at the -figures which he gives, and attention is drawn to alleged discrepancies -in those figures. With regard to Mr. Casement’s ability to form an -opinion on the subject, it is to be observed that the means at his -disposal for doing so were neither greater nor less than those of Mgr. -van Ronslé, viz., personal knowledge of what the population had been in -former years and what it appeared to him to be at the date of his last -visit. The alleged discrepancy in his figures consists in the fact that, -having estimated the population of the entire community of the F line of -villages at 500, a few lines further on he estimates that of “the -several villages whose task it is to keep the wood post victualled” at -240. The explanation is to be found in the fact that in the first -instance Mr. Casement alluded to all the villages comprising the -Settlement, whereas in the second he referred only to the inhabitants of -that portion of the Settlement whose business it was to supply food for -the neighbouring wood-cutting post.</p> - -<p>The Congo Government admit that Mr. Casement attributes, equally with -Mgr. van Ronslé, a large share of the diminution of the population to -the sleeping sickness, but attach to another cause, viz., the facility -with which the natives are able to migrate, greater weight than appears -to His Majesty’s Government to be justifiable, since more than one -reference in the Consul’s Report shows that the natives are not allowed -to leave their own districts.</p> - -<p>On p. 4 of the “Notes” (p. 3, <i>supra</i>) the complaint is made that Mr. -Casement’s Report contains, not exact, precise, and proved facts, but -statements and declarations by natives. It is difficult, however, to see -how the facts dealt with can be proved without hearing the statements -and declarations of natives: the grounds of their complaints at all -events can be learnt exactly and precisely from them alone.</p> - -<p>In the last paragraph of p. 4 (p. 3, <i>supra</i>) an attempt is made to show -that because during his journey into the interior of the Congo State, -Mr. Casement was not the guest of the authorities, and because during -that journey he visited his countrymen, therefore his presence must -“inevitably” have been considered by the natives as antagonistic to -“established authority.” Mr. Casement was, however, obviously at liberty -to move about his Consular district without previous consultation with -the authorities, and he was at special pains to impress on the people -that he had no authority to set things right. It is clear from his -Report, as indeed is borne out by the “Notes,” that he was careful to -refer the natives to the Government of the State. As a matter of fact, -in many parts of the country the natives did not know who he was, while -it is equally certain that the rumour of the “campagne menée contre -l’État du Congo” to which allusion is made as having influenced the -inhabitants could not possibly have reached them, since it is difficult -to imagine that a population who are represented as among the most -savage and backward of mankind, and dwelling in the heart of Africa, -could be aware of debates in a European assembly, or of the press -comments made thereon.</p> - -<p>Mr. Casement could not, as asserted, have appeared to all the natives of -the Lulongo River in the character attributed to him, and this is shown -in a letter the agent of the Lulanga Company at Bokakata addressed to -Mr. Ellery, of the Congo Balolo Mission at Ikau, on the 28th August.</p> - -<p>Mr. Casement had found women hostages tied up and guarded by two -sentries of that Company who told him how it was these women came to be -captured and detained, in order to compel their husbands to bring in -rubber.</p> - -<p>This letter begins by stating that—</p> - -<div class="blockquot"><p>“Avant-hier, disent les indigènes, des missionnaires de la Congo -Balolo Mission se sont rendus à Yvumi (Ifomi), où ils ont été -recueillir certaines réclamations après au préalable avoir fait -instiguer les habitants de ce village par le personnel du steamer.”</p></div> - -<p>The letter then seeks to show that the scene Mr. Casement had witnessed -had no foundation in fact, and ends with the request that Mr. Ellery -should communicate its contents “au monsieur qui s’est rendu à Yvumi. Je -regrette, ne le connaissant pas, de ne pouvoir m’adresser à lui.”</p> - -<p>It is evident from this letter that neither the natives of the village -referred to, the sentries placed there, nor the European agent -responsible for placing them there had any knowledge of the rôle of -“redresseur des griefs” which is now attributed to Mr. Casement.</p> - -<p>This is the more significant, since Mr. Casement had passed Bokakata the -day before this letter was written, on his way to Ikau, whither the -Lulanga Company’s steamer, with the Director on board, followed on the -28th August in search of an unknown traveller who the natives said was a -missionary.</p> - -<p>That Mr. Casement travelled independently of Government assistance was a -perfectly legitimate action on his part, and one calling for neither -comment nor explanation. The necessity for this, moreover, is made clear -by that passage in his Report (p. 24) wherein he points out the -difficulty of getting suitable accommodation on the Government steamer -“Flandre,” by which he had at first thought of quitting Leopoldville.</p> - -<p>It may also be observed that it was only when he failed to find a French -steamer available at Brazzaville (which he visited in that hope on the -25th and 26th June) that he decided to seek the loan of a steamer -belonging to an American Mission.</p> - -<p>A visit to his countrymen was a correct proceeding on his part, and it -was but natural that he should be assisted by them. As their Consul, it -was right he should visit his compatriots dwelling in isolated stations -amid savage surroundings; and since he was desirous of coming to an -independent judgment on the conditions of native life, it was much more -natural that he should choose his own means of separate, independent -conveyance than restrict himself to the not always convenient itinerary -of Government steamers or place himself under the guidance or conduct of -local authorities, who, if abuses did exist, were hardly likely to -disclose them. His Majesty’s Government can in no way accept the view -that Mr. Casement necessarily fell under the influence of the -missionaries, neither can they think that the English Protestant -missionaries are opposed, still less necessarily antagonistic, to the -Government of a friendly State in which they reside. Mr. Casement -moreover visited several American mission stations, and it is not the -case, as asserted in the “Notes,” that it was only by English -missionaries that he was assisted. The steamer he travelled on was the -property of the American Baptist Missionary Union, lent to him by their -Board; the Mission station at which he spent the longest time is an -American station, and he had on several occasions Americans with him as -his guests on board and during his visits to the natives.</p> - -<p>The Congo Government endeavour to support their assertion that Mr. -Casement’s attitude was one of antagonism to established authority by -alleging as “characteristic” the fact that while he was at Bonginda the -natives collected on the banks of the river, and as the agents of the -Lulanga Company went by shouted out, “Votre violence est finie; elle -s’en va; les Anglais seuls restent! Mourez vous autres!”</p> - -<p>Had the incident referred to occurred as recorded, it would indicate not -so much that the natives of the locality named were excited against -“established authority,” as against the agents of a trading Company.</p> - -<p>But the above is hardly a correct description of the occurrence, as the -Congo Government must admit, seeing that they have themselves placed on -record a totally different version of the incident.</p> - -<p>On the 2nd December, 1903, the Secretary-General of the Congo State in -drawing the attention of Dr. H. Grattan Guinness to the subject of this -pretended “disorder,” of the natives, described it in the following -terms:—</p> - -<div class="blockquot"><p>“On a vu dernièrement, après le voyage du Consul Britannique dans -la Lulanga, des indigènes en rapport avec la mission de la Congo -Balolo Mission, établie à Bonginda, s’attrouper au passage d’un -agent de l’État, en s’écriant dans leur dialecte—</p> - -<p>“ ‘Votre violence est finie; elle s’en va; les Anglais seuls -restent! Mourez vous autres!’</p> - -<p>“Ces propos séditieux étaient proférés en présence de missionnaires -de Bonginda.”</p></div> - -<p>Without further enlargement upon so trivial an altercation as that which -actually occurred between the canoe boys of a passing trader and some -natives of the neighbourhood, it is only necessary to call attention to -the discrepancy which exists between M. de Cuvelier’s complaint of the -2nd December and the terms in which it is now formulated.</p> - -<p>In the former communication the Secretary of the Congo Government -addressed<span class="pagenum"><a name="page_II_64" id="page_II_64"></a></span> the Congo Balolo Mission in terms of reproof upon a subject -upon which he was obviously but imperfectly informed, since he asserted -the incident to have occurred after Mr. Casement’s departure from -Bonginda, and the offensive words to have been addressed to a Government -official. Dr. Guinness, however, explained to M. de Cuvelier that the -incident occurred when Mr. Casement was present, that it had no -significance, and that the canoe jeered at by the natives contained, not -a State Agent, but an agent of the Lulanga Company; further, that the -words used were, in reality, not those imputed, but: “The rubber is -finished; the people refuse to work rubber.” Yet in spite of this -explanation, which seems amply sufficient, the “Notes” still maintain -that the incident shows that Mr. Casement’s attitude was incorrect.</p> - -<p>The next subject discussed in the “Notes” is what has come to be known -as the Epondo Case.</p> - -<p>This is dealt with at great length, and the explanation for so doing is -afforded by a statement that His Majesty’s Consul himself attributed a -capital importance to it. The inference that it is intended to draw -would seem to be that since the result of the investigations made by the -local authorities, subsequent to Mr. Casement’s departure, is said to -have demonstrated quite other facts than those he had too hastily -assumed, the rest of his Report need not be taken seriously.</p> - -<p>From a consideration of the Consul’s Report, it will be seen that the -case of this boy Epondo is dealt with in one single paragraph of -thirty-seven lines of print on p. 56, and is referred to again in some -few lines of p. 58, in all less than one page of a document of -thirty-nine pages; while in the Appendix of nearly twenty-three pages of -print a copy of the notes taken by Mr. Casement in the case at Bosunguma -extends to less than two pages.</p> - -<p>On the other hand, the Congo Government, in their reply, devote some six -or seven pages of a document of eighteen pages in all to endeavouring to -show that in the case of this one mutilated individual, the boy’s hand -had not been cut off by a sentry, but had been bitten off by a wild -boar; and in the Appendix to the “Notes,” which comprises nineteen pages -of small print, more than ten pages are devoted to extracts from the -proceedings in this one case.</p> - -<p>Thus, of a document running to thirty-seven pages in all, almost -one-half is assigned to a single incident which, in Mr. Casement’s -Report, had given occasion for some two and a quarter pages of remark -and notes out of nearly sixty pages of printed matter.</p> - -<p>Far from having attributed capital importance to this incident, it is -evident from the Report itself that it was but one of many cases calling -for explanation brought to Mr. Casement’s notice during his journey, and -that he himself by no means attributed to it undue weight.</p> - -<p>To show how far he was from generalizing from this one incident, it is -only necessary to cite a letter he addressed to the Governor-General on -the 4th September when in the Lopori River, 150 miles away from -Bosunguma (of the existence of which he did not then know), written some -days before the cases of mutilation on the Lower Lulongo were brought to -his notice. In that letter, which dealt mainly with certain illegalities -he had observed in the Abir territory at Bongandanga, he said:—</p> - -<div class="blockquot"><p>“I am sure your Excellency would share my feelings of indignation -had the unhappy spectacles I have witnessed of late come before -your Excellency’s own eyes.</p> - -<p>“I cannot believe that the full extent of the illegality of the -system of arbitrary impositions, followed by dire and illegal -punishments, which is in force over so wide an area of the country -I have recently visited, is known to, or properly appreciated by, -your Excellency or the Central Administration of the Congo State -Government.”</p></div> - -<p>Also after recording some of the outrages practised upon women and -children he had witnessed in order to obtain food supplies, or compel -the production of india-rubber, he said, in referring to one of these -so-called trading factories:—</p> - -<div class="blockquot"><p>“I must confess with pain and astonishment that, instead of -visiting a trading or commercial establishment, I felt I was -visiting a penal settlement.”</p></div> - -<p>A study of the case will show the successive steps by which the -statement made on p. 7 of the “Notes” (p. 5, <i>supra</i>) is reached:—</p> - -<div class="blockquot"><p>“L’enquête montre Epondo, enfin acculé, rétractant ses premières -affirmations au Consul, et avouant avoir été influencé par les gens -de son village.”</p></div> - -<p>The facts throw a light on the motives which inspired, or the influences -which compelled, this retractation by the mutilated boy other than the -“Notes” afford, and show<span class="pagenum"><a name="page_II_65" id="page_II_65"></a></span> that a not unimportant part of the inquiry was -conducted under conditions which scarcely merit the description of an -“enquête judiciaire dans les conditions normales en dehors de toute -influence étrangère,” as, on p. 6 of the “Notes” (p. 4, <i>supra</i>), it is -said to have been.</p> - -<p>A noteworthy illustration of the method adopted to arrive at an -impartial finding in this case will be found to consist in the fact that -an inquiry into grave charges preferred against an agent of the Lulanga -Company was conducted in part through agents of that society—itself -primarily involved; that the Substitut du Procureur d’État visited the -district as the guest of that Company, putting up at its stations and -travelling on its steamer in company with its agents, and that the -“retractation” of Epondo only took place when the boy had been removed -to the head-quarters of that Company, on the steamer of that Company, -surrounded, not by friends, but by the agents of the very Company which -had an obvious interest in securing a withdrawal of the charge.</p> - -<p>Had the “retractation” of Epondo, first made at Mampoko, the -head-quarters of the Lulanga Company, on the 8th October (see p. 31, -“Notes”) (p. 35, <i>supra</i>) been sincere and quite uninfluenced by the -environment to which he found himself removed at Bonginda, its sincerity -would best have been demonstrated by its being repeated before Mr. -Armstrong at Bonginda, whence the boy had just been removed.</p> - -<p>Mr. Armstrong had cognizance of the case from the first. Bonginda lies -only some 8 miles from Mampoko, and it would have been but just to Mr. -Armstrong, as well as much more convincing, if, when the boy altered his -statement, he had been taken back to where only the day before (see p. -29, “Notes”) (p. 33, <i>supra</i>) he had reiterated in the presence of Mr. -Armstrong the original charge against Kelengo.</p> - -<p>Instead of adopting this simple course, however, the boy, having been -brought to “retract,” was carried off to Coquilhatville—fully 80 miles -away—and a week later a declaration is required from Mr. Faris, a -missionary, whose residence was situated far from the scene of the -occurrences, who had no knowledge of the boy’s antecedents, or any means -of testing his statement by cross-examination or otherwise.</p> - -<p>A retractation by a lad of some 15 years of age brought about at Mampoko -under influences not unfavourable to the accused sentry cannot be held -as satisfactory. That the authorities at Coquilhatville did not -themselves consider it convincing is clear from their action in calling -upon Mr. Faris to furnish an extraneous support to the decision arrived -at by their own magisterial inquiry at Mampoko.</p> - -<p>Epondo’s “retractation” was made on the 8th October at Mampoko, and one -statement in it, as given on p. 31 of the “Notes,” (p. 35, <i>supra</i>) -throws doubt on much of the rest.</p> - -<div class="blockquot"><p><i>Question</i> (by the Substitut): “Depuis combien do temps cet -accident vous est-il arrivé?”</p> - -<p><i>Answer</i> (Epondo): “Je ne me rappelle pas: c’est depuis longtemps.”</p></div> - -<p>When Mr. Casement visited Bosunguma on the 7th September the boy’s -mutilated stump had evident signs of not being then completely healed: -blood showed still in two places, over which the skin had not entirely -formed, and it was wrapped up in a cloth.</p> - -<p>“The “Notes” (p. 9) (p. 7, <i>supra</i>) allude to the attitude of the -missionaries in the following words:—</p> - -<div class="blockquot"><p>“Et le fait n’est pas non plus sans importance, si l’on veut -exactement se rendre compte de la valeur des témoignages, de la -présence aux côtés de Mr. Casement, qui interrogeait les indigènes -de deux missionnaires Protestants Anglais de la région, présence -qui, à elle seule, a dû nécessairement orienter les dépositions.”</p></div> - -<p>If it is permissible to cast this reflection upon the attitude towards -the Government of the missionaries of the district, it is certainly -relevant to point out that the presence beside Lieutenant Braeckman (who -conducted the preliminary inquiry) and the Substitut du Procureur d’État -of the agents of the Company having a deep interest in the charge -against its employé, and the part those agents were permitted to take in -the inquiry, must have vitally affected the testimony of the witnesses -who deposed at Mampoko that the charge against the Lulanga sentry was -inspired solely by a desire on the part of the natives to escape their -rubber dealings with that firm.</p> - -<p>It appears that there were two inquiries: the first conducted by -Lieutenant Braeckman, at which the original witnesses against the sentry -and others reaffirmed their accusation that it was he who had mutilated -Epondo. At the second inquiry, conducted by the Substitut, which took -place some fortnight later, none of the original witnesses against -Kelengo appeared (see “Ordonnance de Non-Lieu,” p. 8, “Notes”) (p. 6, -<i>supra</i>); but a number of persons—some of them servants of the Lulanga -Company—made statements, contradictory in many respects, but agreeing -with much unanimity that a wild<span class="pagenum"><a name="page_II_66" id="page_II_66"></a></span> boar, which no one of them had seen, at -a date no one could assign, in an indeterminate locality, had eaten off -the hand of this lad of 14 or 15 years of age, who, according to the -first deposition cited (that of Efundu, on the 28th September, at -Coquilhatville, p. 24, Annexe III) (p. 29, <i>supra</i>), had attempted to -catch the wounded and infuriated creature by the ears!</p> - -<p>It is obvious that the “conclusions posées” as the result of his inquiry -by Lieutenant Braeckman (see “Ordonnance de Non-Lieu” of the 9th -October, p. 8 of “Notes”) must, in part, have rested on evidence of -natives he had interrogated at Bosunguma, in Mr. Armstrong’s presence, -on the 14th September.</p> - -<p>In this “Ordonnance” we find, however, that while the “conclusions” of -Lieutenant Braeckman are accepted, the evidence on which those -“conclusions,” in some part, must have rested is rejected on the ground -that the witnesses took flight, and did not reappear at the second -inquiry.</p> - -<p>If the “conclusions” are accepted, the evidence on which they are -founded should be also admissible.</p> - -<p>There is, moreover, open contradiction if one turns to the evidence of -the “Chief Bofoko, of Ikundja,” cited on p. 30 of Annexe III in the -“Notes” (p. 34, <i>supra</i>).</p> - -<p>This deponent appeared before the Substitut at Mampoko on the 8th -October, and in the course of his interrogatory it is asserted that he -was one of those who had originally testified against Kelengo before the -British Consul.</p> - -<div class="blockquot"><p><i>Question</i> (by Substitut): “Pourquoi vous-même avez-vous déclaré au -Consul Anglais avoir vu la main coupée par terre, le sang coulait, -et les habitants du village qui couraient dans toutes les -directions?”</p> - -<p><i>Answer</i> (Bofoko): “Je n’ai pas parlé avec les Anglais. Je ne les -ai pas même vus. Quand ils sont arrivés à Bosunguma, je n’étais pas -là.”</p> - -<p><i>Substitut</i>: “Vous mentez, parce que le Consul Anglais déclare -avoir parlé avec vous.”</p> - -<p><i>Answer</i> (Bofoko): “Oui, c’est vrai. J’y étais. J’ai dit comme les -autres,” &c.</p></div> - -<p>Despite this record by himself on the 8th October of the <i>procès-verbal</i> -of the evidence of Bofoko, the Substitut, on the following day, draws up -his “Ordonnance de Non-Lieu,” wherein, in the third paragraph, he states -that—</p> - -<div class="blockquot"><p>“Attendu que tous les indigènes qui ont accusé Kelengo, soit au -Consul de Sa Majesté Britannique, soit au Lieutenant Braeckman, -convoqués par nous, Substitut, ont pris la fuite, et tous les -efforts faits pour les retrouver n’ont abouti à aucun résultat: que -cette fuite discrédite évidemment leurs affirmations”—(p. 8 of -“Notes”).</p></div> - -<p>In view of a discrepancy of this kind, it is, perhaps, needless further -to investigate the character of the evidence upon which a sustained -effort is made to discredit Mr. Casement’s testimony.</p> - -<p>It may be observed that the natives cited by the Congo Government -concurred in describing the accusation against the Lulanga Company’s -sentry as prompted by the wish of the natives to escape from their -rubber dealings with that Company.</p> - -<p>If these dealings are but those of commerce, as has been repeatedly -asserted (<i>e.g.</i>, “Bulletin Officiel,” June 1903), there would not -appear to be any sufficient pretext for the accusation these natives are -said to have brought against that Company’s sentry.</p> - -<p>We find it stated that the “liberté du commerce” the men of Bosunguma -enjoyed presented itself to them in the following guise:—</p> - -<div class="blockquot"><p>“Pour ne pas faire de caoutchouc: Kelengo est sentinelle du -caoutchouc.” (Efundu, the 28th September, 1903, p. 24.)</p> - -<p>“Oui; j’ai entendu les indigènes se plaindre qu’ils travaillent -beaucoup pour rien; que les Chefs s’emparaient des mitakos que les -blancs payaient pour la récolte du caoutchouc; enfin, qu’ils -mouraient de faim. Ils ajoutaient qu’ils avaient réclamé plusieurs -fois inutilement,” &c. (Mongombe, the 28th September, 1903, p. 25.)</p> - -<p>“Parce qu’ils étaient fatigués de faire du caoutchouc, qui n’était -plus dans leur forêt. Ils ont cru qu’avec l’intervention des -Anglais ils pourraient se soustraire à un travail très dur, &c..... -Ils ont parlé avec les habitants, qui se plaignaient de ce qu’ils -devaient travailler beaucoup. Ils disaient que le caoutchouc -n’était plus dans leur forêt, qu’ils voulaient faire un travail -moins dur,” &c. (Libuso, the 6th October, 1903, p. 27, “Notes.”)</p> - -<p>“Parce qu’ils trouvent que le travail du caoutchouc est trop dur, -et ont cru de pouvoir s’en libérer, et pour les induire à s’en -occuper ils sont allés leur conter des mensonges.” (Bofoko, the 8th -October, 1903, p. 30, “Notes.”)</p></div> - -<p>If, as the Congo “Notes” assert on p. 6 (p. 5, <i>supra</i>), these -“dépositions sont typiques, uniformes, et concordantes, elles ne -laissent aucun doute sur la cause de l’accident, attestent que les -indigènes ont menti au Consul, et révèlent le mobile auquel ils ont -obéi”—<span class="pagenum"><a name="page_II_67" id="page_II_67"></a></span>they unquestionably leave no doubt that the relations of the -Lulanga Company to the natives of the surrounding country were not those -of a trading Company engaged in exclusively commercial dealings, but of -an organization compelling, with the approval and support of the -Executive, a widespread system for which no legal authority exists.</p> - -<p>Whatever may have been the truth of the charge against the sentry, the -very evidence cited to disprove it attests that the natives spoke truly -as to their abject condition, and shows that in a region repeatedly -visited by Government officials, traversed weekly by Government -steamers, lying close to the head-quarters of the Executive of the -district, the trading operations of a private Company depended for their -profits upon the “obligation de l’impôt.”</p> - -<p>The appended Table of exports and imports of the Congo State, taken from -the “Bulletin Officiel” for April 1903 (No. 4), will suffice to indicate -the larger aspect of the situation of the native producer:—</p> - -<table border="1" cellpadding="2" cellspacing="0" summary="" -style="text-align:center;"> -<tr><td> </td><td> Exports from<br />Congo State.</td><td> Imports to<br />Congo State.</td></tr> - -<tr><td></td><td> Fr.</td><td> Fr.</td></tr> -<tr><td>1895</td><td> 10,943,019</td><td> 10,685,847</td></tr> -<tr><td>1896</td><td> 12,389,599</td><td> 15,227,776</td></tr> -<tr><td>1897</td><td> 15,146,976</td><td> 21,181,462</td></tr> -<tr><td>1898</td><td> 22,163,481</td><td> 23,084,446</td></tr> -<tr><td>1899</td><td> 36,067,959</td><td> 22,325,846</td></tr> -<tr><td>1900</td><td> 47,377,401</td><td> 24,724,108</td></tr> -<tr><td>1901</td><td> 50,488,894</td><td> 23,102,064</td></tr> -<tr><td>1902</td><td> 50,069,514</td><td> 18,080,909</td></tr> -</table> - -<p>The exports of native produce (“le négoce des autres produits -indigènes”—“Bulletin Officiel,” April 1903, p. 65), it is seen, have -enormously increased. They have considerably more than trebled in the -six years from 1897 to 1902.</p> - -<p>During the same period the imports into the Congo State—a small portion -of which are trade goods for the purchase of produce or the remuneration -of the producers—remained not merely stationary, but even decreased by -4,000,000 fr. during the last year.</p> - -<p>These figures, as they stand, are remarkable. Their significance is -increased when it is borne in mind that the population of the regions -exporting this great increase of native produce has enormously decreased -during the same period. That decrease is admitted by the authorities. -(“Du reste, il n’est malheureusement que trop exact que la diminution de -la population a été constatée”—“Notes,” p. 2) (p. 2, <i>supra</i>). We thus -find that a diminishing population,<a name="FNanchor_150_150" id="FNanchor_150_150"></a><a href="#Footnote_150_150" class="fnanchor">[150]</a> a diminishing market-value of -the article produced and a diminishing means of purchase have been -accompanied during a period of only six years by a more than trebled -production.</p> - -<p>It may be permitted to doubt whether this state of affairs is adequately -explained anywhere in the Congo Government “Notes.”</p> - -<p>It is not met by the statement on p. 14 (p. 9, <i>supra</i>) of this -document:—</p> - -<div class="blockquot"><p>“Qu’il s’est agi de faire contracter l’habitude de travail à des -indigènes qui y ont été réfractaires de tout temps.</p> - -<p>“Et si cette idée du travail peut être plus aisément inculquée aux -natifs sous la forme de transactions commerciales entre eux et des -particuliers, faut-il nécessairement condamner ce mode d’action?” -&c.</p></div> - -<p>On the same page of the “Notes” (14) it is sought to institute a -comparison between the system of taxation in force on the Congo and that -in operation in North and Eastern Rhodesia, and the conclusion is drawn -that, since the latter is justified in a British Colonial -administration, no exception can be taken to the former.</p> - -<p>It is only necessary to point out that in North and Eastern Rhodesia, or -in any other British Colony where direct taxation of the natives exists -by law, the tax collector is a Government officer responsible for the -sums levied to a central authority, not a trading agent having a direct -personal interest in the amount of the “obligation de l’impôt.”</p> - -<p>The native under the British system knows the fixed amount of his -obligation, and, once discharged from it, he is free to seek, where he -will, labour or leisure. The<span class="pagenum"><a name="page_II_68" id="page_II_68"></a></span> Congo taxpayer with an ever-present, -perpetually-recurring, weekly or fortnightly imposition to make good, -may not even leave his village, save as a fugitive, and is a close -bondsman to these endless tasks.</p> - -<p>With regard to the arming of the sentries or “forest guards” in the -employ of the trading Companies on the Upper Congo, the “Notes” throw -doubt on the estimate Mr. Casement formed of the number of these guns, -and the use to which they are put, and it cites Circulars of the -Governor-General of the Congo State, dating from the 12th March, 1897, -to the 30th April, 1901, as evidence that the Executive authority had -been careful to guard against a possible misuse of the arms.</p> - -<p>But the issue of successive Circulars, which, by their own terms, show -clearly that the law had been ignored or evaded, cannot be claimed as an -effective fulfilment of a weighty obligation of the Executive.</p> - -<p>It must further be borne in mind that the Congo Executive were -themselves the direct agency for placing all the arms these Circulars -refer to in the hands of those who are there shown to have ignored the -law.</p> - -<p>Every gun misused on the Upper Congo, with its accompanying ammunition, -was carried to its destination by the vessels of the Government -flotilla, which charged a considerable sum for their transport. They -were housed in Government stores <i>en route</i>, for which a charge of -“magasinage” is levied, and were distributed to the “factories” from -Government steamers by Government Agents, who, having made a profit from -their agency in the matter, subsequently issued circular instructions to -those into whose hands they knowingly gave the weapons.</p> - -<div class="blockquot"><p>“Les capitas qui, dans le Haut-Congo, parcourent le pays pour -compte de commerçants, et qui sont pourvus d’un fusil, doivent -également être munis d’un permis de port d’armes.” (Circular of the -12th March, 1897. Annexe V. “Notes,” p. 34.)</p> - -<p> </p> - -<p>“On a voulu y voir l’attribution aux Directeurs de ces Sociétés, et -même à des agents subalternes, du droit de diriger des opérations -militaires offensives, ‘de faire la guerre’ aux populations -indigènes; d’autres, sans même s’inquiéter d’examiner quelles -pourraient être les limites de ce droit de police, se sont servis -de moyens que cette délégation avait mis entre leurs mains, pour -commettre les abus les plus graves.</p> - -<p>“Les armes perfectionnées que les Sociétés posséderaient dans leurs -diverses factoreries ou établissements, et qui doivent faire -l’objet comme les armes d’autres Sociétés n’ayant pas le droit de -police, d’un permis Modèle B, ne peuvent en aucun cas sortir des -établissements pour lesquels elles ont été délivrées. Quant aux -fusils à piston, ils ne peuvent être mis en dehors des factoreries -qu’entre les mains des capitas et à condition que ceux-ci aient un -permis suivant Modèle C.”</p> - -<p>(Circular of the 20th October, 1900; see p. 78, Mr. Casement’s -Report.)</p></div> - -<p>If the native sentries or capitas of these factories ranged the country -with unlicensed arms, if these “Commercial” Companies made war on the -natives, it was the Congo Government which carried those arms to their -destinations and placed them in the hands of those who used them -illegally.</p> - -<div class="blockquot"><p>“Nonobstant les précautions incessantes, le Consul a constaté que -plusieurs capitas n’étaient pas porteurs de permis.”</p> - -<p>(“Notes” of the Congo Government, the 12th March, 1904.)</p></div> - -<p>The law prescribes clearly that no weapon can be issued for individual -use save on the authority and personal licence of the Government.</p> - -<p>That this law can be effectively observed was evidenced in Mr. -Casement’s own case. A Winchester rifle for his use arrived on the Congo -while he was in the interior. It could not be dispatched to him from -Boma to Stanley Pool (where he found it on coming down river) until a -licence had been granted. This rifle was branded and numbered according -to law and the tax of 20 fr. levied.</p> - -<p>A law thus rightly obligatory in the case of a foreign official, who -could not be suspected of misuse of the weapon he had imported, should -have had at least as stringent application to the capitas, and forest -guards and sentries of the numerous Companies, which are shown by the -Government Circulars quoted to have been recognized for years as seeking -to evade the law.</p> - -<p>That the Congo Government have intimate cognizance of the exact number -of guns in use by the commercial Companies on the Upper Congo is -evident, since every case of rifles and “ballot de fusils” imported into -the Congo State has to enter the custom-house of Boma or Matadi, where -it can only be withdrawn by authority.<span class="pagenum"><a name="page_II_69" id="page_II_69"></a></span></p> - -<p>Its subsequent transport to the interior is effected often by direct -Government carriage, and always under Government control and -supervision.</p> - -<p>The Government of the Congo State, in concluding these preliminary -“Notes” on Mr. Casement’s Report, formulate a complaint as to the manner -in which he proceeded in investigating native statements brought to his -notice.</p> - -<p>This complaint has application to the one case of the boy Epondo, and to -that case alone.</p> - -<p>In no other instance did he attempt to interrogate, “comme par voie -d’autorité,” any of the many natives whose homes he visited during his -journey. In that one case it may be urged that, however unusual were the -proceedings, it was clearly his duty not to turn a deaf ear to the -appeal the people of Bosunguma addressed to him.</p> - -<p>Whether they spoke truly or falsely in accusing the sentry of the act of -mutilation, he had no option but to seek to arrive at the truth if he -wished his intervention with the local authorities to have any effect.</p> - -<p>Had he contented himself with merely listening to and reporting the -accusation the natives of Bosunguma brought to him at Bonginda, the -officials at Coquilhatville would have said he had formulated a grave -charge against an individual on mere native report, without having taken -the trouble to satisfy himself of its truth.</p> - -<p>He could not, clearly, leave the mutilated boy in the town, where his -assailant was represented as terrorizing the inhabitants.</p> - -<p>It was his obvious duty to go to the spot, to see with his own eyes what -truth lay in the report brought to him at Bonginda.</p> - -<p>Once in Bosunguma, the only way to arrive at anything like the truth was -to see the accusers and the accused face to face and to hear what each -said.</p> - -<p>He distinctly disclaimed any right of intervention or power to help; but -if he was going to report the charge made against the sentry, and to ask -for investigation, it was clearly necessary that he should first find -out whether there was good ground for addressing the local authorities.</p> - -<p>With regard to the question of mutilation, His Majesty’s Government note -with interest that the Congo Government are aware that Mr. Casement is -not alone in his opinion that such atrocities occur (§ 5, p. 5, of -“Notes”) (§ 5, p. 4, <i>supra</i>).</p> - -<p>The accusation as to “forced labour on the roads and restrictions which -practically amount to slavery in Fiji” are due to an imperfect -understanding of the communal system under which land is held there.</p> - -<p>Individual land ownership does not exist, and the members of each -commune have to perform their share of the necessary work, whatever it -may be.</p> - -<p>There is also the custom of “lala,” under which the local Chiefs are -entitled to extract a certain number of days’ work from their commoners -for the purpose of planting their gardens, building their houses, &c.</p> - -<p>The Chiefs are bound to feed the workers so employed, and it is nothing -more than a contribution towards their maintenance, paid by the -commoners in work instead of taxes.</p> - -<p>Instances have, no doubt, occurred in which these rights have been -abused, but every effort is made to prevent them.</p> - -<p>The whole system has been in force for centuries, and when His Majesty’s -Government took over the islands it was thought expedient to continue -it. It is understood by the natives, and is eminently suited to the -needs of a primitive and half savage race.</p> - -<p>The allegation as to the flogging of natives is, doubtless, an allusion -to a case which occurred in 1902, of which the facts are briefly as -follows:—</p> - -<p>A native was arrested for two cases of indecent assault upon European -women. He was tried according to native custom by the Commissioner and -Chiefs of the island to which he belonged, having first been given his -choice of being tried in this way or being referred to the Supreme -Court. He pleaded guilty to one assault, and there was strong evidence -against him in the other case. He was, accordingly, sentenced to be -flogged.</p> - -<p>Although for various reasons this summary procedure was advantageous, -the case should properly have been referred to the Supreme Court. The -Commissioner was, therefore, severely censured for his action.</p> - -<p>The statement that the natives are constantly subject to imprisonment -for frivolous causes is not borne out by any evidence in the possession -of His Majesty’s Government.<span class="pagenum"><a name="page_II_70" id="page_II_70"></a></span></p> - -<hr /> - -<p class="c"> -AFRICA. No. 7 (1904).<br /> -<br /> -<span class="smcap">Further</span> Correspondence respecting the Administration<br /> -of the Independent State of the Congo.<br /> -<br /> -[In continuation of “Africa No. 1 (1904).”] -</p> - -<hr class="dbl" /> -<p class="c"><i>Presented to both Houses of Parliament by His<br /> -Majesty’s Command. March 1904.</i></p> - -<hr class="dbl" /> - -<p class="c"> -LONDON:<br /> -PRINTED BY HARRISON AND SONS<br /> -</p> - -<hr /> - -<p class="c"> -AFRICA. No. 14 (1903).<br /> -<br /> -DESPATCH<br /> -<br /> -TO CERTAIN OF<br /> -<br /> -HIS MAJESTY’S REPRESENTATIVES ABROAD<br /> -<br /> -<small>IN REGARD TO</small><br /> -<br /> -ALLEGED CASES OF ILL-TREATMENT OF NATIVES<br /> -<br /> -<small>AND TO THE EXISTENCE OF</small><br /> -<br /> -TRADE MONOPOLIES IN THE INDEPENDENT<br /> -<br /> -STATE OF THE CONGO.</p> - -<hr class="dbl" /> -<p class="c"><i>Presented to both Houses of Parliament by His<br /> -Majesty’s Command. October 1903.</i></p> - -<hr class="dbl" /> -<p class="c"><small> -LONDON:<br /> -PRINTED FOR HIS MAJESTY’S STATIONERY OFFICE,<br /> -BY HARRISON AND SONS, ST. MARTIN’S LANE,<br /> -PRINTERS IN ORDINARY TO HIS MAJESTY.<br /> -———<br /> -And to be purchased, either directly or through any Bookseller, from<br /> -<span class="smcap">EYRE and SPOTTISWOODE, East Harding Street, Fleet Street, E.C.,<br /> -and 32, Abingdon Street, Westminster, S.W.;<br /> -or OLIVER and BOYD, Edinburgh;<br /> -or E. PONSONBY, 116, Grafton Street, Dublin</span>.</small></p> - -<p>[Cd. 1809.] <i>Price</i> 1<i>d.</i><br /> -</p> - -<h2>Despatch to certain of His Majesty’s Representatives abroad in -regard to alleged Cases of Ill-treatment of Natives and to the -Existence of Trade Monopolies in the Independent State of the -Congo.</h2> - -<div class="blockquot"><p class="hang"><i>The Marquess of Lansdowne to His Majesty’s Representatives at -Paris, Berlin, Rome, St. Petersburgh, Vienna, Madrid, -Constantinople, Brussels, Lisbon, the Hague, Copenhagen, and -Stockholm.</i></p></div> - -<p class="nind"> -Sir,<br /> -</p> - -<p class="r"> -<i>Foreign Office, August 8, 1903.</i><br /> -</p> - -<p>The attention of His Majesty’s Government has during recent years been -repeatedly called to alleged cases of ill-treatment of natives and to -the existence of trade monopolies in the Independent State of the Congo. -Representations to this effect are to be found in Memorials from -philanthropic Societies, in communications from commercial bodies, in -the public press, and in despatches from His Majesty’s Consuls.</p> - -<p>The same matters formed the subject of a debate in the House of Commons -on the 20th ultimo, when the House passed the Resolution, a copy of -which is inclosed.</p> - -<p>In the course of the debate, the official record of which is also -inclosed, it was alleged that the object of the Administration was not -so much the care and government of the natives as the collection of -revenue; that this object was pursued by means of a system of forced -labour, differing only in name from slavery; that the demands upon each -village were exacted with a strictness which constantly degenerated into -great cruelty, and that the men composing the armed force of the State -were in many cases recruited from the most warlike and savage tribes, -who not infrequently terrorized over their own officers and maltreated -the natives without regard to discipline or fear of punishment.</p> - -<p>As regards the ill-treatment of natives, a distinction may be drawn -between isolated acts of cruelty committed by individuals, whether in -the service of the State or not, and a system of administration -involving and accompanied by systematic cruelty or oppression.</p> - -<p>The fact that many individual instances of cruelty have taken place in -the Congo State is proved beyond possibility of contradiction by the -occurrence of cases in which white officials have been convicted of -outrages on natives. These white officials must, however, in view of the -vast extent of the territory under their administration, in most cases -be of necessity isolated the one from the other, with the result that -detection becomes additionally difficult. It is therefore not unfair to -assume that the number of convictions falls considerably short of the -number of actual offences committed.</p> - -<p>It is, however, with regard to the system of administration that the -most serious allegations are brought against the Independent State.</p> - -<p>It is reported that no efforts are made to fit the native by training -for industrial pursuits; that the method of obtaining men for labour or -for military service is often but little different from that formerly -employed to obtain slaves; and that force is now as much required to -take the native to the place of service as it used to be to convey the -captured slave. It is also reported that constant compulsion has to be -exercised in order to exact the collection of the amount of forest -produce allotted to each village as the equivalent of the number of -days’ labour due from the inhabitants, and that this compulsion is often -exercised by irresponsible native soldiers uncontrolled by any European -officer.</p> - -<p>His Majesty’s Government do not know precisely to what extent these -accusations may be true; but they have been so repeatedly made, and have -received such wide credence, that it is no longer possible to ignore -them, and the question has now arisen whether the Congo State can be -considered to have fulfilled the special pledges, given under the Berlin -Act, to watch over the preservation of the native tribes, and to care -for their moral and material advancement.<span class="pagenum"><a name="page_II_74" id="page_II_74"></a></span></p> - -<p>The graver charges against the State relate almost exclusively to the -upper valleys of the Congo and of its affluents. The lands forming these -vast territories are held either by the State itself or by Companies -closely connected with the State, under a system which, whatever its -object, has effectually kept out the independent trader, as opposed to -the owner or to the occupier of the soil, and has consequently made it -difficult to obtain independent testimony.</p> - -<p>His Majesty’s Government have further laboured under the disadvantage -that British interests have not justified the maintenance of a large -Consular staff in the Congo territories. It is true that in 1901 His -Majesty’s Government decided to appoint a Consul of wide African -experience to reside permanently in the State, but his time has been -principally occupied in the investigation of complaints preferred by -British subjects, and he has as yet been unable to travel into the -interior and to acquire, by personal inspection, knowledge of the -condition of the enormous territory forming his district.</p> - -<p>His reports on the cases of British subjects, which have formed the -basis of representations to the Government of the Independent State, -afford, however, examples of grave maladministration and ill-treatment. -These cases do not concern natives of the Congo State, and are therefore -in themselves alien to the subject of this despatch; but as they -occurred in the immediate vicinity of Boma, the seat of the central -staff, and in regard to British subjects, most of whom were under formal -engagements, they undoubtedly lead to the belief that the natives, who -have no one in the position of a Consul to whom they can appeal and have -no formal engagements, receive even less consideration at the hands of -the officers of the Government.</p> - -<p>Moreover, information which has reached His Majesty’s Government from -British officers in territory adjacent to that of the State tends to -show that, notwithstanding the obligations accepted under Article VI of -the Berlin Act, no attempt at any administration of the natives is made, -and that the officers of the Government do not apparently concern -themselves with such work, but devote all their energy to the collection -of revenue. The natives are left entirely to themselves, so far as any -assistance in their government or in their affairs is concerned. The -Congo stations are shunned, the only natives seen being soldiers, -prisoners, and men who are brought in to work. The neighbourhood of -stations which are known to have been populous a few years ago is now -uninhabited, and emigration on a large scale takes place to the -territory of neighbouring States, the natives usually averring that they -are driven away from their homes by the tyranny and exaction of the -soldiers.</p> - -<p>The sentiments which undoubtedly animated the founders of the Congo -State and the Representatives of the Powers at Berlin were such as to -deserve the cordial sympathy of the British Government, who have been -loath to believe either that the beneficent intentions with which the -Congo State was constituted, and of which it gave so solemn a pledge at -Berlin, have in any way been abandoned, or that every effort has not -been made to realize them.</p> - -<p>But the fact remains that there is a feeling of grave suspicion, widely -prevalent among the people of this country, in regard to the condition -of affairs in the Congo State, and there is a deep conviction that the -many charges brought against the State’s administration must be founded -on a basis of truth.</p> - -<p>In these circumstances, His Majesty’s Government are of opinion that it -is incumbent upon the Powers parties to the Berlin Act to confer -together and to consider whether the obligations undertaken by the Congo -State in regard to the natives have been fulfilled; and, if not, whether -the Signatory Powers are not bound to make such representations as may -secure the due observance of the provisions contained in the Act.</p> - -<p>As indicated at the beginning of this despatch, His Majesty’s Government -also wish to bring to the notice of the Powers the question which has -arisen in regard to rights of trade in the basin of the Congo.</p> - -<p>Article I of the Berlin Act provides that the trade of all nations shall -enjoy complete freedom in the basin of the Congo; and Article V provides -that no Power which exercises sovereign rights in the basin shall be -allowed to grant therein a monopoly or favour of any kind in matters of -trade.</p> - -<p>In the opinion of His Majesty’s Government, the system of trade now -existing in the Independent State of the Congo is not in harmony with -these provisions.</p> - -<p>With the exception of a relatively small area on the lower Congo, and -with the further exception of the small plots actually occupied by the -huts and cultivation patches of the natives, the whole territory is -claimed as the private property either of the State or of holders of -land concessions. Within these regions the State or, as the case may be, -the concession-holder alone may trade in the natural produce of<span class="pagenum"><a name="page_II_75" id="page_II_75"></a></span> the -soil. The fruits gathered by the natives are accounted the property of -the State, or of the concession-holder, and may not be acquired by -others. In such circumstances, His Majesty’s Government are unable to -see that there exists the complete freedom of trade or absence of -monopoly in trade which is required by the Berlin Act. On the contrary, -no one other than the agents of the State or of the concession-holder -has the opportunity to enter into trade relations with the natives; or -if he does succeed in reaching the natives, he finds that the only -material which the natives can give in exchange for his trade goods or -his money are claimed as having been the property of the State or of the -concession-holder from the moment it was gathered by the native.</p> - -<p>His Majesty’s Government in no way deny either that the State has the -right to partition the State lands among <i>bonâ fide</i> occupants, or that -the natives will, as the land is so divided out among <i>bonâ fide</i> -occupiers, lose their right of roaming over it and collecting the -natural fruits which it produces. But His Majesty’s Government maintain -that until unoccupied land is reduced into individual occupation, and so -long as the produce can only be collected by the native, the native -should be free to dispose of that produce as he pleases.</p> - -<p>In these circumstances, His Majesty’s Government consider that the time -has come when the Powers parties to the Berlin Act should consider -whether the system of trade now prevailing in the Independent State is -in harmony with the provisions of the Act; and, in particular, whether -the system of making grants of vast areas of territory is permissible -under the Act if the effect of such grants is in practice to create a -monopoly of trade by excluding all persons other than the -concession-holder from trading with the natives in that area. Such a -result is inevitable if the grants are made in favour of persons or -Companies who cannot themselves use the land or collect its produce, but -must depend for obtaining it upon the natives, who are allowed to deal -only with the grantees.</p> - -<p>His Majesty’s Government will be glad to receive any suggestions which -the Governments of the Signatory Powers may be disposed to make in -reference to this important question, which might perhaps constitute, -wholly or in part, the subject of a reference to the Tribunal at the -Hague.</p> - -<p>I request that you will read this despatch to the Minister for Foreign -Affairs, and leave a copy of it with his Excellency.</p> - -<p class="r"> -I am, &c.<br /> -(Signed) LANSDOWNE.<br /> -</p> - -<div class="footnotes"><p class="cb">FOOTNOTES:</p> - -<div class="footnote"><p><a name="Footnote_1_1" id="Footnote_1_1"></a><a href="#FNanchor_1_1"><span class="label">[1]</span></a> See Africa No. 14 (1903).</p></div> - -<div class="footnote"><p><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> “Transactions of the Aborigines Protection Society, -1890-1896,” p. 155.</p></div> - -<div class="footnote"><p><a name="Footnote_3_3" id="Footnote_3_3"></a><a href="#FNanchor_3_3"><span class="label">[3]</span></a> “Transactions of the Aborigines Protection Society, -1890-1896,” p. 155.</p></div> - -<div class="footnote"><p><a name="Footnote_4_4" id="Footnote_4_4"></a><a href="#FNanchor_4_4"><span class="label">[4]</span></a> See Annex No. 1.</p></div> - -<div class="footnote"><p><a name="Footnote_5_5" id="Footnote_5_5"></a><a href="#FNanchor_5_5"><span class="label">[5]</span></a> Copies have been sent to the Library of each House of -Parliament.</p></div> - -<div class="footnote"><p><a name="Footnote_6_6" id="Footnote_6_6"></a><a href="#FNanchor_6_6"><span class="label">[6]</span></a> Penal Code, Art. 56 (Decree of the 26th May, 1888, Bulletin -Officiel, 1897, p. 31).</p></div> - -<div class="footnote"><p><a name="Footnote_7_7" id="Footnote_7_7"></a><a href="#FNanchor_7_7"><span class="label">[7]</span></a> Penal Code, Art. 57 (idem, p. 31).</p></div> - -<div class="footnote"><p><a name="Footnote_8_8" id="Footnote_8_8"></a><a href="#FNanchor_8_8"><span class="label">[8]</span></a> Bulletin Officiel, 1885, p. 31.</p></div> - -<div class="footnote"><p><a name="Footnote_9_9" id="Footnote_9_9"></a><a href="#FNanchor_9_9"><span class="label">[9]</span></a> Bulletin Officiel, 1887, p. 72.</p></div> - -<div class="footnote"><p><a name="Footnote_10_10" id="Footnote_10_10"></a><a href="#FNanchor_10_10"><span class="label">[10]</span></a> Bulletin Officiel, 1888, p. 3.</p></div> - -<div class="footnote"><p><a name="Footnote_11_11" id="Footnote_11_11"></a><a href="#FNanchor_11_11"><span class="label">[11]</span></a> Bulletin Officiel, 1889, p. 218.</p></div> - -<div class="footnote"><p><a name="Footnote_12_12" id="Footnote_12_12"></a><a href="#FNanchor_12_12"><span class="label">[12]</span></a> See p. 60.</p></div> - -<div class="footnote"><p><a name="Footnote_13_13" id="Footnote_13_13"></a><a href="#FNanchor_13_13"><span class="label">[13]</span></a> See p. 60.</p></div> - -<div class="footnote"><p><a name="Footnote_14_14" id="Footnote_14_14"></a><a href="#FNanchor_14_14"><span class="label">[14]</span></a> See p. 64.</p></div> - -<div class="footnote"><p><a name="Footnote_15_15" id="Footnote_15_15"></a><a href="#FNanchor_15_15"><span class="label">[15]</span></a> See p. 70.</p></div> - -<div class="footnote"><p><a name="Footnote_16_16" id="Footnote_16_16"></a><a href="#FNanchor_16_16"><span class="label">[16]</span></a> See p. 76.</p></div> - -<div class="footnote"><p><a name="Footnote_17_17" id="Footnote_17_17"></a><a href="#FNanchor_17_17"><span class="label">[17]</span></a> See p.</p></div> - -<div class="footnote"><p><a name="Footnote_18_18" id="Footnote_18_18"></a><a href="#FNanchor_18_18"><span class="label">[18]</span></a> See p. 78.</p></div> - -<div class="footnote"><p><a name="Footnote_19_19" id="Footnote_19_19"></a><a href="#FNanchor_19_19"><span class="label">[19]</span></a> See p. 80.</p></div> - -<div class="footnote"><p><a name="Footnote_20_20" id="Footnote_20_20"></a><a href="#FNanchor_20_20"><span class="label">[20]</span></a> See p. 81.</p></div> - -<div class="footnote"><p><a name="Footnote_21_21" id="Footnote_21_21"></a><a href="#FNanchor_21_21"><span class="label">[21]</span></a> <i>September 12.</i> Mr. Whitehead informed me when I passed -Lukolela this day, nine of these twenty have died since he wrote the -above.—R. C.</p></div> - -<div class="footnote"><p><a name="Footnote_22_22" id="Footnote_22_22"></a><a href="#FNanchor_22_22"><span class="label">[22]</span></a> Brass rods.</p></div> - -<div class="footnote"><p><a name="Footnote_23_23" id="Footnote_23_23"></a><a href="#FNanchor_23_23"><span class="label">[23]</span></a> The name of a Military Officer in Command of the troops at -that date.</p></div> - -<div class="footnote"><p><a name="Footnote_24_24" id="Footnote_24_24"></a><a href="#FNanchor_24_24"><span class="label">[24]</span></a> The 62 convictions mentioned occurred between July 1894 -and March 1898, not February 1896, as stated in the quotation from an -“English publicist.”</p></div> - -<div class="footnote"><p><a name="Footnote_25_25" id="Footnote_25_25"></a><a href="#FNanchor_25_25"><span class="label">[25]</span></a> Nos. 1, 2, 3, and 4.</p></div> - -<div class="footnote"><p><a name="Footnote_26_26" id="Footnote_26_26"></a><a href="#FNanchor_26_26"><span class="label">[26]</span></a> Rapport, p. 21.</p></div> - -<div class="footnote"><p><a name="Footnote_27_27" id="Footnote_27_27"></a><a href="#FNanchor_27_27"><span class="label">[27]</span></a> Idem, p. 26.</p></div> - -<div class="footnote"><p><a name="Footnote_28_28" id="Footnote_28_28"></a><a href="#FNanchor_28_28"><span class="label">[28]</span></a> M. Boudot, missionnaire de la Congo Batolo Mission. -“Regions Beyond,” Décembre 1901, p. 337.</p></div> - -<div class="footnote"><p><a name="Footnote_29_29" id="Footnote_29_29"></a><a href="#FNanchor_29_29"><span class="label">[29]</span></a> W. H. Bentley, “Pioneering on the Congo,” II, p. 229.</p></div> - -<div class="footnote"><p><a name="Footnote_30_30" id="Footnote_30_30"></a><a href="#FNanchor_30_30"><span class="label">[30]</span></a> Idem, p. 243.</p></div> - -<div class="footnote"><p><a name="Footnote_31_31" id="Footnote_31_31"></a><a href="#FNanchor_31_31"><span class="label">[31]</span></a> W. H. Bentley, “Pioneering on the Congo,” II, pp. -234-236.</p></div> - -<div class="footnote"><p><a name="Footnote_32_32" id="Footnote_32_32"></a><a href="#FNanchor_32_32"><span class="label">[32]</span></a> Rapport, p. 29.</p></div> - -<div class="footnote"><p><a name="Footnote_33_33" id="Footnote_33_33"></a><a href="#FNanchor_33_33"><span class="label">[33]</span></a> Voir Annexe 3.</p></div> - -<div class="footnote"><p><a name="Footnote_34_34" id="Footnote_34_34"></a><a href="#FNanchor_34_34"><span class="label">[34]</span></a> Rapport, p. 58.</p></div> - -<div class="footnote"><p><a name="Footnote_35_35" id="Footnote_35_35"></a><a href="#FNanchor_35_35"><span class="label">[35]</span></a> Idem, p. 58.</p></div> - -<div class="footnote"><p><a name="Footnote_36_36" id="Footnote_36_36"></a><a href="#FNanchor_36_36"><span class="label">[36]</span></a> Idem, p. 56.</p></div> - -<div class="footnote"><p><a name="Footnote_37_37" id="Footnote_37_37"></a><a href="#FNanchor_37_37"><span class="label">[37]</span></a> Voir Annexe No. 2.</p></div> - -<div class="footnote"><p><a name="Footnote_38_38" id="Footnote_38_38"></a><a href="#FNanchor_38_38"><span class="label">[38]</span></a> “Regions Beyond,” 1900, p. 198.</p></div> - -<div class="footnote"><p><a name="Footnote_39_39" id="Footnote_39_39"></a><a href="#FNanchor_39_39"><span class="label">[39]</span></a> “Regions Beyond,” Janvier-Février 1903, p. 53.</p></div> - -<div class="footnote"><p><a name="Footnote_40_40" id="Footnote_40_40"></a><a href="#FNanchor_40_40"><span class="label">[40]</span></a> Voir Annexe No. 2: “Present, Rev. W. D. Armstrong and Rev. -D. J. Danielson, of the Congo Balolo Mission of Bonginda, Vinda Bidiloa -(Consul’s Headman) and Bateko, as interpreters, and His Britannic -Majesty’s Consul.” Ce passage est omis dans l’Annexe 6 du Rapport du -Consul (p. 78).</p></div> - -<div class="footnote"><p><a name="Footnote_41_41" id="Footnote_41_41"></a><a href="#FNanchor_41_41"><span class="label">[41]</span></a> Rapport, p. 34.</p></div> - -<div class="footnote"><p><a name="Footnote_42_42" id="Footnote_42_42"></a><a href="#FNanchor_42_42"><span class="label">[42]</span></a> Idem, pp. 76, 77.</p></div> - -<div class="footnote"><p><a name="Footnote_43_43" id="Footnote_43_43"></a><a href="#FNanchor_43_43"><span class="label">[43]</span></a> Comparez Rapport, pp. 54, 55, et 58.</p></div> - -<div class="footnote"><p><a name="Footnote_44_44" id="Footnote_44_44"></a><a href="#FNanchor_44_44"><span class="label">[44]</span></a> Rapport, pp. 54, 55.</p></div> - -<div class="footnote"><p><a name="Footnote_45_45" id="Footnote_45_45"></a><a href="#FNanchor_45_45"><span class="label">[45]</span></a> Idem, p. 56.</p></div> - -<div class="footnote"><p><a name="Footnote_46_46" id="Footnote_46_46"></a><a href="#FNanchor_46_46"><span class="label">[46]</span></a> Idem, p. 56.</p></div> - -<div class="footnote"><p><a name="Footnote_47_47" id="Footnote_47_47"></a><a href="#FNanchor_47_47"><span class="label">[47]</span></a> Idem, p. 62.</p></div> - -<div class="footnote"><p><a name="Footnote_48_48" id="Footnote_48_48"></a><a href="#FNanchor_48_48"><span class="label">[48]</span></a> Idem, p. 57.</p></div> - -<div class="footnote"><p><a name="Footnote_49_49" id="Footnote_49_49"></a><a href="#FNanchor_49_49"><span class="label">[49]</span></a> “Review of Reviews,” February 14, 1903.</p></div> - -<div class="footnote"><p><a name="Footnote_50_50" id="Footnote_50_50"></a><a href="#FNanchor_50_50"><span class="label">[50]</span></a> “La Tribuna” de Rome.</p></div> - -<div class="footnote"><p><a name="Footnote_51_51" id="Footnote_51_51"></a><a href="#FNanchor_51_51"><span class="label">[51]</span></a> Rapport, Annexe 4, p. 77.</p></div> - -<div class="footnote"><p><a name="Footnote_52_52" id="Footnote_52_52"></a><a href="#FNanchor_52_52"><span class="label">[52]</span></a> Rapport, Annexe 4, p. 30.</p></div> - -<div class="footnote"><p><a name="Footnote_53_53" id="Footnote_53_53"></a><a href="#FNanchor_53_53"><span class="label">[53]</span></a> Rapport, p. 30.</p></div> - -<div class="footnote"><p><a name="Footnote_54_54" id="Footnote_54_54"></a><a href="#FNanchor_54_54"><span class="label">[54]</span></a> “Ten Years at Bonginda,” D. McKittrick, “Regions Beyond,” -p. 21.</p></div> - -<div class="footnote"><p><a name="Footnote_55_55" id="Footnote_55_55"></a><a href="#FNanchor_55_55"><span class="label">[55]</span></a> “Congo Contrasts,” Mr. Boudot, “Regions Beyond,” 1900, p. -197.</p></div> - -<div class="footnote"><p><a name="Footnote_56_56" id="Footnote_56_56"></a><a href="#FNanchor_56_56"><span class="label">[56]</span></a> Rapport, p. 34.</p></div> - -<div class="footnote"><p><a name="Footnote_57_57" id="Footnote_57_57"></a><a href="#FNanchor_57_57"><span class="label">[57]</span></a> “Regions Beyond,” 1900, p. 150; 1902, p. 209.</p></div> - -<div class="footnote"><p><a name="Footnote_58_58" id="Footnote_58_58"></a><a href="#FNanchor_58_58"><span class="label">[58]</span></a> Idem, <i>passim</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_59_59" id="Footnote_59_59"></a><a href="#FNanchor_59_59"><span class="label">[59]</span></a> Idem, 1900, p. 150.</p></div> - -<div class="footnote"><p><a name="Footnote_60_60" id="Footnote_60_60"></a><a href="#FNanchor_60_60"><span class="label">[60]</span></a> Idem, 1901, p. 27.</p></div> - -<div class="footnote"><p><a name="Footnote_61_61" id="Footnote_61_61"></a><a href="#FNanchor_61_61"><span class="label">[61]</span></a> Idem, 1900, p. 199.</p></div> - -<div class="footnote"><p><a name="Footnote_62_62" id="Footnote_62_62"></a><a href="#FNanchor_62_62"><span class="label">[62]</span></a> Idem, 1900, pp. 243, 297, 306.</p></div> - -<div class="footnote"><p><a name="Footnote_63_63" id="Footnote_63_63"></a><a href="#FNanchor_63_63"><span class="label">[63]</span></a> Idem, 1901, p. 40; 1902, p. 315.</p></div> - -<div class="footnote"><p><a name="Footnote_64_64" id="Footnote_64_64"></a><a href="#FNanchor_64_64"><span class="label">[64]</span></a> Idem, 1901, p. 40.</p></div> - -<div class="footnote"><p><a name="Footnote_65_65" id="Footnote_65_65"></a><a href="#FNanchor_65_65"><span class="label">[65]</span></a> Idem, 1900, p. 196.</p></div> - -<div class="footnote"><p><a name="Footnote_66_66" id="Footnote_66_66"></a><a href="#FNanchor_66_66"><span class="label">[66]</span></a> “Regions Beyond,” 1901, p. 43.</p></div> - -<div class="footnote"><p><a name="Footnote_67_67" id="Footnote_67_67"></a><a href="#FNanchor_67_67"><span class="label">[67]</span></a> Idem, 1901, p. 60.</p></div> - -<div class="footnote"><p><a name="Footnote_68_68" id="Footnote_68_68"></a><a href="#FNanchor_68_68"><span class="label">[68]</span></a> Rapport, p. 28.</p></div> - -<div class="footnote"><p><a name="Footnote_69_69" id="Footnote_69_69"></a><a href="#FNanchor_69_69"><span class="label">[69]</span></a> “Reports on the Administration of Rhodesia,” 1900-1902, p. -408.</p></div> - -<div class="footnote"><p><a name="Footnote_70_70" id="Footnote_70_70"></a><a href="#FNanchor_70_70"><span class="label">[70]</span></a> “Reports on the Administration of Rhodesia,” 1900-1902, p. -424.</p></div> - -<div class="footnote"><p><a name="Footnote_71_71" id="Footnote_71_71"></a><a href="#FNanchor_71_71"><span class="label">[71]</span></a> Décret du 6 Octobre, 1891 (“Bulletin Officiel,” 1891, p. -259).</p></div> - -<div class="footnote"><p><a name="Footnote_72_72" id="Footnote_72_72"></a><a href="#FNanchor_72_72"><span class="label">[72]</span></a> “Reports on the Administration of Rhodesia,” 1900-1902, p. -409.</p></div> - -<div class="footnote"><p><a name="Footnote_73_73" id="Footnote_73_73"></a><a href="#FNanchor_73_73"><span class="label">[73]</span></a> Idem, p. 410.</p></div> - -<div class="footnote"><p><a name="Footnote_74_74" id="Footnote_74_74"></a><a href="#FNanchor_74_74"><span class="label">[74]</span></a> Idem, p. 410.</p></div> - -<div class="footnote"><p><a name="Footnote_75_75" id="Footnote_75_75"></a><a href="#FNanchor_75_75"><span class="label">[75]</span></a> Idem, pp. 145, 146.</p></div> - -<div class="footnote"><p><a name="Footnote_76_76" id="Footnote_76_76"></a><a href="#FNanchor_76_76"><span class="label">[76]</span></a> Rapport, p. 44.</p></div> - -<div class="footnote"><p><a name="Footnote_77_77" id="Footnote_77_77"></a><a href="#FNanchor_77_77"><span class="label">[77]</span></a> Annexe 3, p. 26.</p></div> - -<div class="footnote"><p><a name="Footnote_78_78" id="Footnote_78_78"></a><a href="#FNanchor_78_78"><span class="label">[78]</span></a> “Reports on the Administration of Rhodesia,” 1900-1902, -pp. 397 et suivantes.</p></div> - -<div class="footnote"><p><a name="Footnote_79_79" id="Footnote_79_79"></a><a href="#FNanchor_79_79"><span class="label">[79]</span></a> Rapport, p. 57.</p></div> - -<div class="footnote"><p><a name="Footnote_80_80" id="Footnote_80_80"></a><a href="#FNanchor_80_80"><span class="label">[80]</span></a> Idem, p. 42.</p></div> - -<div class="footnote"><p><a name="Footnote_81_81" id="Footnote_81_81"></a><a href="#FNanchor_81_81"><span class="label">[81]</span></a> Idem, p. 43.</p></div> - -<div class="footnote"><p><a name="Footnote_82_82" id="Footnote_82_82"></a><a href="#FNanchor_82_82"><span class="label">[82]</span></a> La Circulaire du 7 Septembre, 1903, concerne -“l’interdiction” d’envoyer des soldats armés sous la conduite des gradés -noirs, et non, comme le dit la copie erronée produite par le Consul -“l’instruction” (Annexe 7 du Rapport, p. 80).</p></div> - -<div class="footnote"><p><a name="Footnote_83_83" id="Footnote_83_83"></a><a href="#FNanchor_83_83"><span class="label">[83]</span></a> Report, p. 21.</p></div> - -<div class="footnote"><p><a name="Footnote_84_84" id="Footnote_84_84"></a><a href="#FNanchor_84_84"><span class="label">[84]</span></a> Idem, p. 26.</p></div> - -<div class="footnote"><p><a name="Footnote_85_85" id="Footnote_85_85"></a><a href="#FNanchor_85_85"><span class="label">[85]</span></a> M. Boudot, missionary of the Congo Batolo Mission. -“Regions Beyond,” December 1901, p. 337.</p></div> - -<div class="footnote"><p><a name="Footnote_86_86" id="Footnote_86_86"></a><a href="#FNanchor_86_86"><span class="label">[86]</span></a> W. H. Bentley. “Pioneering on the Congo,” II, p. 229.</p></div> - -<div class="footnote"><p><a name="Footnote_87_87" id="Footnote_87_87"></a><a href="#FNanchor_87_87"><span class="label">[87]</span></a> Idem, p. 243.</p></div> - -<div class="footnote"><p><a name="Footnote_88_88" id="Footnote_88_88"></a><a href="#FNanchor_88_88"><span class="label">[88]</span></a> “Pioneering on the Congo,” by the Rev. W. Holman Bentley, -II, pp. 235-236.</p></div> - -<div class="footnote"><p><a name="Footnote_89_89" id="Footnote_89_89"></a><a href="#FNanchor_89_89"><span class="label">[89]</span></a> Report, p. 29.</p></div> - -<div class="footnote"><p><a name="Footnote_90_90" id="Footnote_90_90"></a><a href="#FNanchor_90_90"><span class="label">[90]</span></a> K K in “Africa No. 1 (1904).”</p></div> - -<div class="footnote"><p><a name="Footnote_91_91" id="Footnote_91_91"></a><a href="#FNanchor_91_91"><span class="label">[91]</span></a> See Annex No. 3.</p></div> - -<div class="footnote"><p><a name="Footnote_92_92" id="Footnote_92_92"></a><a href="#FNanchor_92_92"><span class="label">[92]</span></a> Report, p. 58.</p></div> - -<div class="footnote"><p><a name="Footnote_93_93" id="Footnote_93_93"></a><a href="#FNanchor_93_93"><span class="label">[93]</span></a> Idem, p. 58.</p></div> - -<div class="footnote"><p><a name="Footnote_94_94" id="Footnote_94_94"></a><a href="#FNanchor_94_94"><span class="label">[94]</span></a> Idem, p. 56.</p></div> - -<div class="footnote"><p><a name="Footnote_95_95" id="Footnote_95_95"></a><a href="#FNanchor_95_95"><span class="label">[95]</span></a> See Annex No. 2 (really Inclosure 6 in No. 3).</p></div> - -<div class="footnote"><p><a name="Footnote_96_96" id="Footnote_96_96"></a><a href="#FNanchor_96_96"><span class="label">[96]</span></a> “Regions Beyond,” 1900, p. 198.</p></div> - -<div class="footnote"><p><a name="Footnote_97_97" id="Footnote_97_97"></a><a href="#FNanchor_97_97"><span class="label">[97]</span></a> Idem, January-February, 1903, p. 53.</p></div> - -<div class="footnote"><p><a name="Footnote_98_98" id="Footnote_98_98"></a><a href="#FNanchor_98_98"><span class="label">[98]</span></a> See Annex No. 2. “Present: Rev. W. D. Armstrong and Rev. -D. J. Danielson of the Congo Balolo Mission of Bonginda, Vinda Bidilou -(Consul’s headman) and Bateko as interpreters, and His Britannic -Majesty’s Consul.” This passage is omitted in Annex No. 6 of the -Consul’s Report (p. 78).</p></div> - -<div class="footnote"><p><a name="Footnote_99_99" id="Footnote_99_99"></a><a href="#FNanchor_99_99"><span class="label">[99]</span></a> Report, p. 34.</p></div> - -<div class="footnote"><p><a name="Footnote_100_100" id="Footnote_100_100"></a><a href="#FNanchor_100_100"><span class="label">[100]</span></a> Idem, pp. 76 and 77.</p></div> - -<div class="footnote"><p><a name="Footnote_101_101" id="Footnote_101_101"></a><a href="#FNanchor_101_101"><span class="label">[101]</span></a> <i>Cf.</i> Report, pp. 54 and 55 and p. 58.</p></div> - -<div class="footnote"><p><a name="Footnote_102_102" id="Footnote_102_102"></a><a href="#FNanchor_102_102"><span class="label">[102]</span></a> Report, pp. 54, 55.</p></div> - -<div class="footnote"><p><a name="Footnote_103_103" id="Footnote_103_103"></a><a href="#FNanchor_103_103"><span class="label">[103]</span></a> Idem, p. 56.</p></div> - -<div class="footnote"><p><a name="Footnote_104_104" id="Footnote_104_104"></a><a href="#FNanchor_104_104"><span class="label">[104]</span></a> Idem, p. 56.</p></div> - -<div class="footnote"><p><a name="Footnote_105_105" id="Footnote_105_105"></a><a href="#FNanchor_105_105"><span class="label">[105]</span></a> Idem, p. 62.</p></div> - -<div class="footnote"><p><a name="Footnote_106_106" id="Footnote_106_106"></a><a href="#FNanchor_106_106"><span class="label">[106]</span></a> Idem, p. 57.</p></div> - -<div class="footnote"><p><a name="Footnote_107_107" id="Footnote_107_107"></a><a href="#FNanchor_107_107"><span class="label">[107]</span></a> “Review of Reviews,” February 14, 1903.</p></div> - -<div class="footnote"><p><a name="Footnote_108_108" id="Footnote_108_108"></a><a href="#FNanchor_108_108"><span class="label">[108]</span></a> The “Tribuna” of Rome.</p></div> - -<div class="footnote"><p><a name="Footnote_109_109" id="Footnote_109_109"></a><a href="#FNanchor_109_109"><span class="label">[109]</span></a> Report. Annex No. 4, p. 77.</p></div> - -<div class="footnote"><p><a name="Footnote_110_110" id="Footnote_110_110"></a><a href="#FNanchor_110_110"><span class="label">[110]</span></a> Idem, p. 30.</p></div> - -<div class="footnote"><p><a name="Footnote_111_111" id="Footnote_111_111"></a><a href="#FNanchor_111_111"><span class="label">[111]</span></a> Idem, p. 30.</p></div> - -<div class="footnote"><p><a name="Footnote_112_112" id="Footnote_112_112"></a><a href="#FNanchor_112_112"><span class="label">[112]</span></a> “Ten Years at Bonginda.” D. McKittrick. “Regions Beyond,” -1900, p. 21.</p></div> - -<div class="footnote"><p><a name="Footnote_113_113" id="Footnote_113_113"></a><a href="#FNanchor_113_113"><span class="label">[113]</span></a> “Congo Contrasts.” Mr. Boudot. “Regions Beyond,” 1900, p. -197.</p></div> - -<div class="footnote"><p><a name="Footnote_114_114" id="Footnote_114_114"></a><a href="#FNanchor_114_114"><span class="label">[114]</span></a> Report, p. 34.</p></div> - -<div class="footnote"><p><a name="Footnote_115_115" id="Footnote_115_115"></a><a href="#FNanchor_115_115"><span class="label">[115]</span></a> “Regions Beyond,” 1900, p. 150; 1902, p. 209.</p></div> - -<div class="footnote"><p><a name="Footnote_116_116" id="Footnote_116_116"></a><a href="#FNanchor_116_116"><span class="label">[116]</span></a> Idem, <i>passim</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_117_117" id="Footnote_117_117"></a><a href="#FNanchor_117_117"><span class="label">[117]</span></a> Idem, 1900, p. 150.</p></div> - -<div class="footnote"><p><a name="Footnote_118_118" id="Footnote_118_118"></a><a href="#FNanchor_118_118"><span class="label">[118]</span></a> Idem, 1901, p. 27.</p></div> - -<div class="footnote"><p><a name="Footnote_119_119" id="Footnote_119_119"></a><a href="#FNanchor_119_119"><span class="label">[119]</span></a> Idem, 1900, p. 199.</p></div> - -<div class="footnote"><p><a name="Footnote_120_120" id="Footnote_120_120"></a><a href="#FNanchor_120_120"><span class="label">[120]</span></a> Idem, 1900, pp. 243, 297, 306.</p></div> - -<div class="footnote"><p><a name="Footnote_121_121" id="Footnote_121_121"></a><a href="#FNanchor_121_121"><span class="label">[121]</span></a> Idem, 1901, p. 40; 1902, p. 315.</p></div> - -<div class="footnote"><p><a name="Footnote_122_122" id="Footnote_122_122"></a><a href="#FNanchor_122_122"><span class="label">[122]</span></a> Idem, 1901, p. 40.</p></div> - -<div class="footnote"><p><a name="Footnote_123_123" id="Footnote_123_123"></a><a href="#FNanchor_123_123"><span class="label">[123]</span></a> Idem, 1900, p. 196.</p></div> - -<div class="footnote"><p><a name="Footnote_124_124" id="Footnote_124_124"></a><a href="#FNanchor_124_124"><span class="label">[124]</span></a> Idem, 1901, p. 43.</p></div> - -<div class="footnote"><p><a name="Footnote_125_125" id="Footnote_125_125"></a><a href="#FNanchor_125_125"><span class="label">[125]</span></a> Idem, 1901, p. 60.</p></div> - -<div class="footnote"><p><a name="Footnote_126_126" id="Footnote_126_126"></a><a href="#FNanchor_126_126"><span class="label">[126]</span></a> Report, p. 28.</p></div> - -<div class="footnote"><p><a name="Footnote_127_127" id="Footnote_127_127"></a><a href="#FNanchor_127_127"><span class="label">[127]</span></a> Reports on the Administration of Rhodesia, 1900-1902, p. -408.</p></div> - -<div class="footnote"><p><a name="Footnote_128_128" id="Footnote_128_128"></a><a href="#FNanchor_128_128"><span class="label">[128]</span></a> Reports on the Administration of Rhodesia, 1900-1902, p. -408.</p></div> - -<div class="footnote"><p><a name="Footnote_129_129" id="Footnote_129_129"></a><a href="#FNanchor_129_129"><span class="label">[129]</span></a> Decree of the 6th October, 1891 (“Bulletin Officiel,” -1891, p. 259).</p></div> - -<div class="footnote"><p><a name="Footnote_130_130" id="Footnote_130_130"></a><a href="#FNanchor_130_130"><span class="label">[130]</span></a> Reports on the Administration of Rhodesia, 1900-1902, p. -409.</p></div> - -<div class="footnote"><p><a name="Footnote_131_131" id="Footnote_131_131"></a><a href="#FNanchor_131_131"><span class="label">[131]</span></a> Idem, p. 410.</p></div> - -<div class="footnote"><p><a name="Footnote_132_132" id="Footnote_132_132"></a><a href="#FNanchor_132_132"><span class="label">[132]</span></a> Idem, p. 410.</p></div> - -<div class="footnote"><p><a name="Footnote_133_133" id="Footnote_133_133"></a><a href="#FNanchor_133_133"><span class="label">[133]</span></a> Reports on the Administration of Rhodesia, 1900-1902, pp. -145, 146.</p></div> - -<div class="footnote"><p><a name="Footnote_134_134" id="Footnote_134_134"></a><a href="#FNanchor_134_134"><span class="label">[134]</span></a> Report, p. 44.</p></div> - -<div class="footnote"><p><a name="Footnote_135_135" id="Footnote_135_135"></a><a href="#FNanchor_135_135"><span class="label">[135]</span></a> Annex III, p. 26.</p></div> - -<div class="footnote"><p><a name="Footnote_136_136" id="Footnote_136_136"></a><a href="#FNanchor_136_136"><span class="label">[136]</span></a> Reports on the Administration of Rhodesia, 1900-1902, pp. -397, &c.</p></div> - -<div class="footnote"><p><a name="Footnote_137_137" id="Footnote_137_137"></a><a href="#FNanchor_137_137"><span class="label">[137]</span></a> Report, p. 57.</p></div> - -<div class="footnote"><p><a name="Footnote_138_138" id="Footnote_138_138"></a><a href="#FNanchor_138_138"><span class="label">[138]</span></a> Idem, p. 42.</p></div> - -<div class="footnote"><p><a name="Footnote_139_139" id="Footnote_139_139"></a><a href="#FNanchor_139_139"><span class="label">[139]</span></a> Report, p. 43.</p></div> - -<div class="footnote"><p><a name="Footnote_140_140" id="Footnote_140_140"></a><a href="#FNanchor_140_140"><span class="label">[140]</span></a> The Circular of the 7th September, 1903, has reference to -the “prohibition” to dispatch armed soldiers in charge of black -non-commissioned officers, and not, as would appear from the incorrect -copy produced by the Consul, to the “instruction.” (Annex VII of the -Report, p. 80).</p></div> - -<div class="footnote"><p><a name="Footnote_141_141" id="Footnote_141_141"></a><a href="#FNanchor_141_141"><span class="label">[141]</span></a> Passage omis dans le texte de ces notes, tel qu’il se -trouve reproduit à l’Annexe 6 du Rapport du Consul.</p></div> - -<div class="footnote"><p><a name="Footnote_142_142" id="Footnote_142_142"></a><a href="#FNanchor_142_142"><span class="label">[142]</span></a> Passage omis dans le texte annexé au Rapport.</p></div> - -<div class="footnote"><p><a name="Footnote_143_143" id="Footnote_143_143"></a><a href="#FNanchor_143_143"><span class="label">[143]</span></a> Les déclarations suivantes sont omises dans le texte -annexé au Rapport.</p></div> - -<div class="footnote"><p><a name="Footnote_144_144" id="Footnote_144_144"></a><a href="#FNanchor_144_144"><span class="label">[144]</span></a> Numéro d’ordre du procès-verbal.</p></div> - -<div class="footnote"><p><a name="Footnote_145_145" id="Footnote_145_145"></a><a href="#FNanchor_145_145"><span class="label">[145]</span></a> Nom du Chef reconnu.</p></div> - -<div class="footnote"><p><a name="Footnote_146_146" id="Footnote_146_146"></a><a href="#FNanchor_146_146"><span class="label">[146]</span></a> Nom du village ou des villages sous la dépendance du -Chef.</p></div> - -<div class="footnote"><p><a name="Footnote_147_147" id="Footnote_147_147"></a><a href="#FNanchor_147_147"><span class="label">[147]</span></a> Région sur laquelle il exerce son autorité.—Mentionner -si l’investiture lui a été donnée pour toute la région.</p></div> - -<div class="footnote"><p><a name="Footnote_148_148" id="Footnote_148_148"></a><a href="#FNanchor_148_148"><span class="label">[148]</span></a> Nom du Chef auquel il peut être soumis.</p></div> - -<div class="footnote"><p><a name="Footnote_149_149" id="Footnote_149_149"></a><a href="#FNanchor_149_149"><span class="label">[149]</span></a> Article 9 du Décret du 10 Mars, 1892 (“Bulletin Officiel” -de 1892, p. 14):— -</p><p> -“Quiconque commettra ou laissera commettre par des subordonnés, des -infractions au présent Décret, ainsi qu’aux Arrêtés et Règlements -d’exécution, sera puni de 100 à 1,000 fr. d’amende et de servitude -pénale n’excédant pas une année, ou de l’une de ces peines seulement. La -peine de servitude pénale sera toujours prononcée, et elle pourra être -portée à cinq ans lorsque le délinquant se sera livré au trafic des -armes à feu ou de leurs munitions dans les régions où sévit la Traite. -</p><p> -“Dans les cas prévus ci-dessus, les armes, la poudre, les balles, et -cartouches sont confisquées.”</p></div> - -<div class="footnote"><p><a name="Footnote_150_150" id="Footnote_150_150"></a><a href="#FNanchor_150_150"><span class="label">[150]</span></a> See Circular of Governor-General of 29th March, 1901, -printed as an Appendix to Mr. Casement’s Report in “Africa No. 1 -(1904),” p. 81.</p></div> - -</div> - -<hr class="full" /> - - - - - - - -<pre> - - - - - -End of the Project Gutenberg EBook of The Casement Report, by Roger Casement - -*** END OF THIS PROJECT GUTENBERG EBOOK THE CASEMENT REPORT *** - -***** This file should be named 50573-h.htm or 50573-h.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/0/5/7/50573/ - -Produced by Chuck Greif and the Online Distributed -Proofreading Team at http://www.pgdp.net (This file was -produced from images available at The Internet Archive) - - -Updated editions will replace the previous one--the old editions -will be renamed. - -Creating the works from public domain print editions means that no -one owns a United States copyright in these works, so the Foundation -(and you!) can copy and distribute it in the United States without -permission and without paying copyright royalties. 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