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ACCOUNTS AND PAPERS:
SIXTY-FIVE VOLUMES.
———
—(14.)—
COLONIES AND BRITISH POSSESSIONS—continued.
———
AFRICA—continued.
Documents and Files:
SIXTY-FIVE VOLUMES.
———
—(14.)—
COLONIES AND BRITISH POSSESSIONS—continued.
———
AFRICA—continued.
Session
2 February 1904—15 August 1904.
Session
February 2, 1904—August 15, 1904.
VOL. LXII.
VOL. 62.
1904.
1904.
Correspondence relating to the Recruitment of Labour in the British Central Africa Protectorate for Employment in the Transvaal.
Communication about the Recruitment of Workers in the British Central Africa Protectorate for Jobs in the Transvaal.
[In continuation of “Africa No 2 (1903).”]
[In continuation of “Africa No 2 (1903).”]
Presented to both Houses of Parliament by His
Majesty’s Command. March 1904.
Presented to both Houses of Parliament by His
Majesty’s Command. March 1904.
LONDON:
PRINTED BY HARRISON AND SONS
LONDON:
PRINTED BY HARRISON & 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.
AFRICA. No. 1 (1904).
CORRESPONDENCE
AND
REPORT FROM THE CONSUL OF HIS MAJESTY AT BOMA
REGARDING THE
ADMINISTRATION
OF THE
INDEPENDENT STATE OF THE CONGO.
Presented to both Houses of Parliament by Command of His Majesty.
February 1904.
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.
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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.
LONDON:
PRINTED FOR HIS MAJESTY’S STATIONERY OFFICE,
BY HARRISON AND SONS, ST. MARTIN’S LANE,
PRINTERS IN ORDINARY TO HIS MAJESTY.
And available for purchase, either directly or through any Bookseller, from
EYRE and SPOTTISWOODE, East Harding Street, Fleet Street, R.C.,
and 32 Abingdon Street, Westminster, S.W.;
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or E. PONSONBY, 116 Grafton Street, Dublin.
[Cd. 1933.] Price 8-1/2d.
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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 Representatives at Paris and other Capitals | Feb. 12, | Transmits papers on condition of affairs in Congo State | 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.)
(Extract.)
On the Nile, near Kiro, January 21, 1903
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.
I just visited the Belgian stations of Kiro and Lado, as well as 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.
Your Lordship might appreciate some comments on the impressions I gained about 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.
I should first note that Commandant Hanolet, who is in charge of the district, was away in the interior of the country; however, Sir Reginald Wingate and I were very kindly welcomed by the officers in charge 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.
From a looks perspective, the two Belgian stations are much better than any of the Sudanese stations along the Nile, and even more so when compared to Gondokoro in the Uganda Protectorate. The main houses are made of brick and appear to be well constructed. The stations are kept very clean. The troops have comfortable housing. There are thriving gardens. I saw the graves of nine Europeans at Kiro, all of whom died from fever, but I've been told that the health conditions there have greatly improved now.
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.
I had heard so many conflicting stories about the Belgian Administration that I really wanted to find some clear and definite information on the topic. During a quick visit, with my observations limited to the riverbanks, I didn’t expect to form any independent opinion on the matter. However, I saw and heard enough to understand the overall attitude that runs through 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.
It should be noted that the 1,100 miles I traveled between Khartoum and Gondokoro has, until recently, been exploited by slave traders, Egyptian officials, and dervishes. Given these conditions, it would have been reasonable to expect that it would take a lot of time to gain the trust of the local people in the new Government's intentions. However, it is clear that, except for part of the Nuer tribe, who live in a very remote area near the upper waters of the Sobat, trust has been fully established in the areas under British control. Aside from the uninhabitable “Sudd” region, numerous villages line the riverbanks. The locals, far from running away when white men approach as they used to, now run along the banks, signaling for the steamer to stop. It's evident that the Baris, Shilluks, and Dinkas have complete trust in the British officers they interact with. Despite the challenges of communicating through a slightly educated interpreter, it was impossible to misinterpret their clear signs and expressions of trust and satisfaction. They come to the Settlements without fear; and if they often refuse to work, it's simply because they are lazy and have few needs, not because they doubt they will be paid for their labor. These observations also apply to Gondokoro, although I was only able to see a few of the locals there. I didn't have time to visit the main Bari village, which is a bit further 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 difference when you enter Congolese territory is striking. From the border to Gondokoro is about 80 miles. The left bank of the river is Belgian. The opposite bank is either controlled by the Soudanese or the Uganda Government. There are many islands, and all of these are under British control—since the main channel, which is designated as the Belgian border by treaty, runs along the western bank of the river—I can't say that I got to see a full 80 miles of Belgian territory. That said, I saw quite a bit, and I noticed that while there were many villages and huts on the eastern bank and on the islands, there was no sign of a village on the Belgian side. In fact, I don’t think anyone in our group saw a single person in Belgian territory, except for the Belgian officers, their men, and the wives and children of those men. Also, not a single native was seen at Kiro or Lado. I asked the Swedish officer at Kiro if he interacted much with the locals. He said no, adding that the nearest Bari village was quite far inland. The Italian officer at Lado, when asked the same question, said the closest native village was seven hours away.
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.
The reason for all this is pretty clear. The Belgians are not liked. People avoid them, and it's no surprise since I've heard that the soldiers can plunder freely and seldom pay for supplies. The British officers roam almost all over the country, mostly alone, either inspecting or on hunting trips. I’ve been told that no Belgian officer can leave 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.
It seems to me that the facts I've mentioned above provide more than enough evidence of the attitude behind the Belgian Administration, if you can even call it that. From what I can tell, the Government is run almost entirely on business principles, and even by that measure, those principles seem a bit short-sighted.
No. 2.
Sir C. Phipps to the Marquess of Lansdowne.—(Received September 21.)
My Lord,
My Lord,
Brussels, September 19, 1903.
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]
I’m pleased to send you a copy of a note, along with its attachments, which has been sent by the Congo Government to the representatives of the countries involved in the Act of Berlin in Brussels, regarding your Lordship’s circular dispatch from August 8th about the situation in the Independent State of the Congo.[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.
M. de Cuvelier, while giving me these documents, said that he had been told to follow the same procedure as that used by His Majesty’s Government.
I have, &c.
(Signed) CONSTANTINE PHIPPS.
I have, etc.
(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.
Le Gouvernement de l’État Indépendant du Congo, ayant pris connaissance du message du Foreign Office, daté du 8 août dernier, remis aux Puissances Signataires de l’Acte de Berlin, constate qu'il est d’accord avec le Gouvernement de Sa Majesté sur deux points fondamentaux : premièrement, que les autochtones doivent être traités avec humanité et progressivement conduits sur le chemin de la civilisation, et deuxièmement, que la liberté de commerce dans le bassin conventionnel du Congo doit être totale et inconditionnelle.
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.
Mais il nie que la façon dont l'État est géré mène à un régime systématique de "cruauté ou d'oppression" et que le principe de la liberté commerciale modifierait le droit de propriété tel qu'il est compris universellement, alors qu'il n'y a pas un mot à ce sujet dans l'Acte de Berlin. L'État du Congo remarque qu'il n'y a aucune disposition dans cet Acte qui impose des restrictions à l'exercice du droit de propriété ou qui reconnaisse aux Puissances Signataires un droit d'intervenir dans les affaires intérieures des autres. Il souhaite se montrer un fidèle observateur de l'Acte de Berlin, 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 personne n'a le pouvoir de diminuer ou d'amplifier.
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.
It’s worth noting that this campaign started when the prosperity of the state was confirmed. The state had been established for years and was being managed as it is today, with its principles on the ownership of vacant lands, the organization and recruitment of its armed forces well-known and public, yet these philanthropists and merchants, mentioned at the beginning of the note, seemed unconcerned. It was a time when the state’s budget could only balance thanks to subsidies from the Sovereign King and advances from Belgium, and the commercial activity in the Congo wasn’t attracting attention. The term “the Congo atrocities” was only used in reference to “the alleged ill-treatment of African natives by English and other adventurers in the Congo Free State.”[2] From 1895 onward, trade in the Congo State began to grow significantly, with export figures gradually increasing from 10 million in 1895 to 50 million in 1902. It was also from this point that the movement against the Congo State began to take shape. As the state began to assert its vitality and progress more strongly, the campaign intensified, relying on a few specific and isolated cases to invoke humanitarian reasons and conceal the true objective of the greed that, in its impatience, was nonetheless revealed through the writings of pamphleteers and the voices of Members of Parliament, clearly emphasizing the disappearance and division of the Congo State.
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.
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.
En ce qui concerne les abus envers les autochtones, nous accordons surtout de l'importance à ceux qui, selon le rapport, ont été mentionnés dans les dépêches des Agents Consulaires de Sa Majesté. À la session de la Chambre des Communes du 11 mars 1903, Lord Cranborne avait déjà fait référence à ces documents officiels, et nous avons demandé à son Excellence Sir C. Phipps que le gouvernement britannique nous informe des faits en question. 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.
Le gouvernement de l'État n'a jamais nié que des crimes et des délits se produisent au Congo, comme dans tout autre pays ou colonie. La note admet aussi que ces actes criminels ont été portés devant les tribunaux et que leurs auteurs ont été punis. La conclusion à tirer est que l'État remplit sa mission ; la conclusion qu'on en déduit est que "de nombreux cas individuels de cruauté ont eu lieu dans l'État du Congo" et que "le nombre de condamnations est considérablement inférieur au nombre d'infractions réellement commises." Cette déduction ne semble pas nécessairement fondée. Il est plutôt logique de dire que les condamnations sévères prononcées serviront d'exemple positif et qu'on peut espérer une diminution de la criminalité. Si des actes criminels, sur les vastes territoires de l'État, ont échappé à la vigilance de l'autorité judiciaire, cela ne serait pas particulier 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.”
La note anglaise est principalement basée sur hypothèses et suppositions : “Il a été allégué.... On rapporte.... On rapporte aussi....” et elle en arrive à dire que “Le gouvernement de Sa Majesté ne sait pas précisément dans quelle mesure ces accusations peuvent être vraies.” C'est la constatation que, aux yeux du gouvernement britannique lui-même, les accusations en question 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 beaucoup parlé de cette allégation selon laquelle, 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 informations ont été demandées au Gouverneur-Général. Il répond : “Les individus représentés comme composant un convoi d'esclaves étaient, pour la plus grande partie (125), des miliciens dirigés du district de Lualaba-Kassaï, du Lac Léopold II et des Bangalas, vers 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.
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.
La note ignore les réponses, démentis ou rectifications qui ont eu lieu, à différents moments, en réponse aux attaques contre les agents de l'État. Elle fait abstraction des déclarations officielles que le Gouvernement de l'État a faites publiquement en Juin dernier suite aux débats du 20 Mai à la Chambre des Communes, débats qui sont annexés à la note. Nous incluons ici le texte de ces déclarations, qui ont déjà pris en compte les éléments 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:—
Le seul nouveau reproche qu’elle mentionne—probablement pour expliquer le fait important que le consul anglais qui réside au Congo depuis 1901 ne semble pas soutenir les plaintes des individus avec son autorité personnelle—est que cet agent aurait été “principalement occupé à enquêter sur les plaintes déposées par des ressortissants britanniques.” Cela donnerait l'impression que ces plaintes auraient été exceptionnellement nombreuses. Sans aucun doute, le consul, à plusieurs occasions, a pris contact avec l’administration de Boma dans l’intérêt de ses compatriotes, mais il ne semble pas que ces affaires, si l’on se réfère à celles dont la légation britannique à Bruxelles a eu à s’occuper, soient différentes, par leur nombre ou leur importance, de celles de la gestion administrative ordinaire : certains cas ont notamment concerné le règlement des successions abandonnées au Congo par des ressortissants britanniques ; quelques-uns ont visé la réparation d’erreurs de procédure judiciaire comme cela se produit ailleurs, et il n’est pas avancé que ces réclamations n’ont pas reçu le suivi approprié. 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.”
“I sincerely hope you believe me when I say, not just for myself but for my fellow countrymen here in this part of Africa, how much we truly appreciate your efforts for the community—efforts to foster goodwill among everyone and to unite the different aspects 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.
Les prédécesseurs de M. R. Casement—car des consuls anglais avec juridiction sur le Congo ont été nommés par le Gouvernement de Sa Majesté depuis 1888—ne semblent pas non plus avoir été occupés par l'examen de nombreuses plaintes; en tout cas, une telle évaluation n'est pas consignée dans le rapport, le seul publié, de M. le consul Pickersgill, qui, en rendant compte de son voyage à l'intérieur du Congo, jusqu'aux chutes Stanley, contredit cette idée que les agents consulaires anglais ne pouvaient pas apprécier de visu toute partie 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.
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:—
Au fond, c’est la contribution des habitants du Congo aux charges publiques qui est critiquée, comme s’il existait un seul pays ou une seule colonie où les résidents, d’une manière ou d’une autre, ne participent pas à ces charges. On ne peut pas imaginer un État sans ressources. Sur quelle base légitime pourrait-on justifier l’exemption totale d’impôt pour les habitants, alors qu’ils sont les premiers à bénéficier des avantages matériels et moraux apportés en Afrique? Faute de numéraire, on leur demande une contribution en travail. D’autres ont souligné la nécessité, pour sauver l’Afrique de sa barbarie, d’amener les Noirs à comprendre la valeur du travail, précisément par l’imposition d’un 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.”
“It’s a question about local labor that has gotten my serious attention regarding West Africa and other colonies. If you listen to the right honorable gentleman, you might think it’s better for the locals to be idle. I believe it’s beneficial for them to be hardworking, and we must do everything we can to encourage them to work.... No group of people in history has ever existed without the necessity of work. For the sake of the locals across Africa, we need to teach them to work.”
Ainsi s’exprimait Mr. Chamberlain à la Chambre des Communes, le 6 Août, 1901. Et récemment, il disait:—
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.)
“We are all taxed, and taxed a lot. Is that a system of forced labor? ... To claim that putting a tax on the local people means they are reduced to a state of servitude and forced labor is, in my opinion, completely ridiculous ... I believe it is entirely fair for the local people to contribute something towards the cost of running 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.”
“If that really is the final word on civilization, and if we assume that the closer a native or any person gets to a pig, the better their situation is, then I have nothing more to say.... I still believe that, regardless, the progress of the native in civilization won’t happen until they are convinced of the importance and dignity of work. So, I think that anything we can reasonably do to encourage the native to work is a good 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.)
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 2l.; 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.”
Taxes on indigenous people can be seen almost everywhere in Africa. In Transvaal, each native pays a head tax of 2 l.; in the Orange River Colony, there is a "poll tax;" in Southern Rhodesia, Bechuanaland, Basutoland, Uganda, and Natal, a "hut tax" is imposed; in Cape, there is both a "hut tax" and a "labour tax;" in German East Africa, there is also a hut tax that can be paid with money, goods, or labor. This type of tax has also been applied in the Protectorate of Sierra Leone, where it could be paid "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."
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.
On can see that the method of paying taxes, whether in cash or in kind, does not affect its legitimacy as long as the rate is not excessive. This is the case in Congo, where the services provided by the local people amount to no more than forty hours of work per month. Moreover, this work is compensated, and the tax paid in kind somewhat acts as a rebate for the local people.
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:—
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 rendu 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.”
“Between July 1894 and February 1896, at least sixty-two convictions—though this is just a small fraction of the actual offenses committed—were documented against them for flogging, looting, and generally mistreating the locals.”
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:—
D'autres exemples pourraient être cités concernant l'opposition que les populations indigènes rencontrent face à l'instauration des règles gouvernementales. Il est inévitable que la civilisation se heurte à leurs instincts sauvages, à leurs coutumes et pratiques brutales. Il est compréhensible qu'elles ne se soumettent pas facilement à un ordre social qu'elles perçoivent comme limitant leurs libertés et excès, et qu'elles essaient même de s'en soustraire. En Afrique, il est courant de voir des indigènes migrer d'un territoire à un autre, espérant trouver de l'autre côté des frontières une autorité moins forte ou moins contraignante, afin de se libérer de toute dépendance et obligation. Il est très probable que des indigènes de l'État aient, pour ces raisons, déplacé vers les territoires voisins, même si une émigration à grande échelle, comme mentionnée dans la note anglaise, n'a jamais été rapportée par les Commandants des provinces frontalières. Au contraire, il a été observé dans la région du Haut-Nil que des natifs qui s'étaient installés en territoire britannique sont revenus sur la rive gauche en raison de l'imposition de nouvelles taxes par l'autorité anglaise. Si ce sont ces régions qui sont ciblées, les informations de la note semblent contredire d'autres renseignements fournis, 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.”
“This much I can say for sure: from the British border near Fort George to the farthest point of my travels into the Mbuba region of the Congo Free State, up and down the Semliki, the locals seem to be doing well and happy... The way they were constructing their villages and farming their land around 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:—
Le Major H. H. Gibbons, who spent several months in the Upper Nile, writes:—
“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.”
“Having had the opportunity to meet several officers and visit their posts in the Congo, I am convinced that their actions have been misinterpreted by the press. I cited my personal experience as evidence, which contradicts a recently published version by the English press, accusing them of great cruelties.”
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.
La déclaration de juin dernier, ci-jointe, a répondu aux critiques sur la force publique de l’État en précisant que son recrutement est régi par la loi et qu’il ne concerne qu’un homme sur 10,000. Dire que “la méthode d’obtention des hommes pour le service militaire est souvent peu différente de celle qui était utilisée pour obtenir des esclaves,” c’est ignorer les règles précises mises en place pour, au contraire, éviter les abus. Les recrutements se font dans chaque district ; les Commissaires de District déterminent, en accord avec les Chefs indigènes, le mode de conscription. Les engagements volontaires et les nombreux réengagements complètent facilement les effectifs qui atteignent à peine le chiffre modeste 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.
Those who claim, as noted, that “the men composing the armed force of the State were in many cases recruited from the most warlike and savage tribes,” ignore that the public force is recruited from all provinces and among the entire population of the territory. The interests of the State oppose this notion of an army that the authority itself would form from undisciplined and savage elements, and examples—such as the excesses attributed to the irregular auxiliaries used in Uganda, as well as the revolts that occurred in the past in Congo—require, on the contrary, special caution regarding the composition of the armed force. The European officers, who are Belgian, Italian, Swedish, Norwegian, and Danish, maintain strict discipline, and one would search in vain for the actual circumstances referred to by the claim that soldiers “not infrequently terrorized their own officers.” This assertion is no more valid than the other claim that “compulsion is often exercised by irresponsible native soldiers uncontrolled by a European officer.” For a long time, the authority has been aware of the dangers posed by the existence of black soldier posts, as noted in Sir D. Chalmers's report on the insurrection in Sierra Leone, which highlighted the inevitable abuses of power. In Congo, they have been gradually eliminated.
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.”
It will be clear to those who don’t deny the obvious that among the criticisms directed at the state, the most unjust is to claim “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:—
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.”
“There was no doubt that the Congo Government had shown a significant level of administrative development. There were railways, steamboats on the river, hospitals had been built, and all the complex judicial and police systems had been put in place.”
Un autre Membre de la Chambre des Communes reconnaissait—
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.”
“That the Congo State had done a good job in keeping alcoholic drinks out of most of their territory, that they had set up several hospitals, reduced smallpox through vaccination, and had put an end to 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.”
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.
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.”
“Has the welfare of the African,” he asks, “been properly addressed in the Congo State?” He responds: “The State has limited the liquor trade ... it’s hard to overstate the service the Congo Government is providing to its people in this regard.... Intertribal wars have been suppressed over a large area, and as European authority continues to spread, the boundaries of peace are constantly expanding.... The State deserves credit for the security it has created for everyone living under its flag and following its laws and regulations.... The Congo Government also deserves praise for reducing cannibalism.... The oppressive grip of the notorious Arab Slave Traders has been loosened, and the trafficking of human beings among the locals has significantly decreased.”
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.
Since 1898, the general condition of the locals has continued to improve. The use of manual labor for carrying goods, which Mr. Pickersgill specifically pointed out was difficult for the locals, has disappeared in areas where it was most prevalent, thanks to the development of railways. Elsewhere, cars are being used as a means of transport. The “sentry”—the outpost of Black soldiers that he criticized for good reason—no longer exists. Livestock is being introduced in all districts. Hygiene Commissions have been established. Schools and workshops have multiplied.
“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.”
“The local person,” says the attached document, “is living in better housing, dressed well, and fed properly; he is replacing his huts with more durable homes that meet hygiene standards; thanks to transportation options, he is able to access the products he needs for his new requirements; workshops are available to him, where he learns skilled trades—like blacksmithing, carpentry, mechanics, and masonry; he is expanding his farms and, following the example of the white people, is adopting more efficient farming methods; he has access to medical care; he sends his children to state-run schools and missionary schools.”
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.
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.
The English note does not show that the state's economic system is contrary to the Berlin Act. It does not address the legal and factual elements through which the state has justified the conformity of its land laws and concessions with the provisions of this Act. It does not explain why or how the freedom of trade, a term used in the usual, grammatical, and economic sense by the Berlin Conference, would no longer be complete in Congo simply because there are property owners there.
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.
The note confuses the use of his property by the owner with business. The local person, who collects on behalf of the owner, does not become the owner of the harvested products and naturally cannot give them to anyone else, just like the worker who extracts products from a mine cannot deprive the owner of them by taking them for himself. These rules are legal and are highlighted in multiple documents: legal consultations and court decisions, some of which are attached. His Majesty's Government does not dispute that the state has the right to distribute state lands among bona fide occupants and that the local person can no longer claim the products of the land, but only when “land is reduced into individual occupation.” This distinction has no legal basis. If the state can transfer the land, it’s because the local person does not own it, so on what grounds would he retain a right to the products of land that is legitimately owned by others? For instance, could one argue that the Congo River Railway Company, the Southern Cameroon Company, or the Italian Colonial Trading Company are required to tolerate looting by locals of the land they have received simply because they are not currently occupying it? In fact, in Congo, the appropriation of the land exploited by the state or by the Concession Companies is already a reality. The state and the companies have invested considerable sums in their development, particularly in forests, amounting to millions of francs. Therefore, there is no doubt that in all territories of Congo, the state truly and completely exploits its properties, just as the companies genuinely and fully exploit their 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.
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.
Cependant, elle se fait remarquer par les grandes difficultés qu'elle provoquerait si elle était acceptée sans réserve.
La nota contient les trois propositions suivantes:—
La note contient les trois propositions suivantes :—
“The State has the right to partition the State lands among bonâ fide occupants.”
“The government has the right to divide the public lands among genuine residents.”
“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.”
“The natives will, as the land is divided among bonâ fide occupiers, lose their right to roam over it and gather the natural resources it produces.”
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.
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.
If there were any legitimate occupants, they have become owners: occupation, when it is exercised, is recognized in all legal systems as a way to acquire property, and in Congo, titles derived from it have been legally registered. If the land hasn’t been validly occupied by anyone, it is ownerless, or more precisely, the state is the owner: it can allocate it for the benefit of a third party, and that party receives a complete and absolute title through this act of allocation. In either case, it is inconceivable that the fruits of the land could be reserved for anyone other than the owner on the grounds that he is not actually fit to harvest the products of his land.
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.”
By a strange contradiction, the rules state that following the allocation of land by the government, the indigenous people "lose their right to collect natural produce," and, on the other hand, that they retain the right to dispose of these products "until unoccupied land is assigned to individual ownership." The idea of a right belonging to the natives that exists or does not exist due to third-party actions is unclear. Either, as a result of the land allocation, they have lost their rights, in which case they have lost them entirely and completely; or they have retained them, and they must keep them, even though "the land is assigned to individual ownership."
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.
Que doit-on comprendre dans le système de la note par occupants “bonâ fide” et par “occupation individuelle?” Qui jugera si l’occupant a mis ses terres en état d’occupation individuelle, s’il était capable d’en récolter les produits ou si c’était encore l’indigène? Ce serait, de toute façon, des questions 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.
La note, en plus, est incomplète sur un autre point. Elle dit que là où l'exploitation ne se ferait pas encore par les ayants droit, la possibilité d'exploiter devrait appartenir aux indigènes. Elle voudrait donc donner un droit aux indigènes au détriment des gouvernements ou des concessionnaires blancs, mais n'explique pas comment ni par qui le préjudice causé serait compensé ou indemnisé. Bien que le système proposé ne puisse s'appliquer dans l'État du Congo, puisqu'il n'y a plus de terres non attribuées, cette remarque est pertinente pour le bien des blancs établis dans le bassin conventionnel. S'il est juste de bien traiter les noirs, il est également juste de ne pas dépouiller 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.
Economically speaking, it would be unfortunate if, despite the rights regularly acquired by the white population, public lands were handed over to the natives, even temporarily. This would mean returning to a state of neglect as in the past, when the natives left them unproductive, since the rubber harvests, and the coffee, cocoa, and tobacco plantations began only when the State took the initiative: the export movement was insignificant before it was boosted by government enterprises. It would also mean a clear disregard for the rational exploitation, planting, and replanting measures that the State and the Concession Companies adhere to in order to ensure the conservation of the country's natural resources.
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.
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.
The state's policy has not, as some say, killed trade; rather, it has created it and continues to sustain commercial activity. Thanks to this policy, 5,000 tons of rubber collected in Congo can now be offered annually on the Antwerp commercial market and soon possibly in Congo itself—there are discussions about establishing sales depots there—available to everyone equally, without privilege or monopoly. Before this, for instance in 1887, rubber exports were barely at 30 tons. It is the state that, after investing to create the commercial material, carefully maintains its source through planting and replanting.
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.
Il ne faut pas oublier que l'État du Congo a dû compter sur ses propres ressources. Il a été nécessaire pour lui d'utiliser ses domaines dans l'intérêt général. Tous les revenus provenant de ces domaines sont versés au Trésor, tout comme les profits des actions que l'État détient en raison des concessions accordées. Ce n'est même qu'en tirant pleinement parti de ses domaines et en engageant la majorité de leurs revenus qu'il a pu contracter des emprunts et soutenir des projets ferroviaires grâce à des garanties d'intérêt, réalisant ainsi l'un des moyens les plus souhaités par la Conférence de Bruxelles pour introduire la civilisation au cœur de l'Afrique. Il n'a donc pas hésité à hypothéquer ses domaines à cet effet.
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.
L'Acte de Berlin n'y fait pas obstacle, car il n'a pas établi de restrictions sur les droits de propriété, malgré ce qu'on essaie de lui faire dire rétrospectivement, ce qui, consciemment ou non, vise à la destruction 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.
Il ne sera pas non plus ignoré par les puissances que les conclusions de la note anglaise, en suggérant une référence à la Cour de La Haye, tendent à faire considérer comme des cas d'arbitrage des questions de souveraineté et d'administration intérieure que la doctrine actuelle a toujours exclues des décisions des arbitres. En ce qui concerne le cas présent, on peut supposer que la suggestion d'une référence à la Cour de La Haye a une portée générale, s'il est vrai que, selon les Chambres de Commerce anglaises, "les principes et pratiques introduits dans l'administration des affaires du Congo français, de l'État libre du Congo et d'autres zones dans le bassin conventionnel du Congo vont à l'encontre directe des Articles de l'Acte de Berlin de 1885." Le Gouvernement de l'État n'a cessé, de son côté, de préconiser l'arbitrage pour les différends d'ordre international qui justifient son application : ainsi, il souhaite que les divergences d'opinion concernant le bail des territoires du Bahr-el-Ghazal soient soumises à l'arbitrage.
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.
Après un examen attentif de la note anglaise, le gouvernement de l'État du Congo reste convaincu qu'en raison du flou et du manque total de preuves, ce dont elle fait implicitement l'aveu, il n'existe aucune juridiction au monde, même en supposant qu'une puisse être compétente, qui puisse, 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?
Si l'État du Congo se fait attaquer, l'Angleterre peut dire que, plus que toute autre nation, elle a aussi été la cible d'attaques et d'accusations de toutes sortes, et la liste des campagnes menées à différents moments et jusqu'à récemment contre son administration coloniale serait longue. Elle n'a certainement pas échappé aux critiques pour ses nombreuses guerres sanglantes contre les populations locales ni aux reproches d'avoir violé les droits des natifs et de porter atteinte à leur liberté. N’a-t-on pas critiqué ces longues insurrections à Sierra Leone—cet état d'hostilité au Nigéria, où récemment, selon les journaux anglais, la répression militaire a, en une seule instance, coûté la vie à 700 indigènes, y compris la plupart de leurs chefs et le sultan—cette lutte qui se poursuit au Somaliland à un coût humain élevé, sans que la Chambre des Communes exprime autre regret que celui des dépenses élevées ?
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.
Alors que ces attaques adressées à l’Angleterre l’ont laissée indifférente, il est surprenant de la voir aujourd'hui accorder 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.
On can believe, however, that the preferences of the indigenous people of the Congo State are still aligned with the government of a small peaceful nation, whose goals remain peaceful just like its creation was, based on the treaties made with the indigenous people.
(Signé) CHR. DE CUVELIER.
(Signed) CHR. DE CUVELIER.
Bruxelles, le 17 Septembre, 1903.
Brussels, September 17, 1903.
(Translation.)
(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.
The Government of the Independent State of the Congo has reviewed the message from the Foreign Office, dated August 8th, which was sent to the Signatory Powers of the Berlin Act, and they express their agreement with His Majesty’s Government on two main points: first, that natives should be treated humanely and gradually introduced to civilization, and second, that trade in the Conventional Basin of the Congo should be fully unrestricted.
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.
They deny, however, that the way the State is run involves a systematic regime “of cruelty or oppression,” and that the principle of commercial freedom would change the generally understood rights of property, especially since there is no mention of this in the Berlin Act. The Congo State points out that the Act doesn’t include any provisions that would allow for restrictions on the exercise of property rights or grant one Signatory Power the right to intervene in the internal administration of another. It aims to faithfully uphold the Berlin Act, that important International Act which binds all Signatory or adhering Powers, according to the clear grammatical meaning of the text, which none has the authority to modify 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.
The English note points out that it’s only in the last few years that the campaign against the Congo State in England has taken a clear form, based on two main reasons: the mistreatment of natives and the presence 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.
It’s worth noting that this campaign started when the State's success became clear. The State had been established for years and operated in the same way it does now, with its policies on state ownership of unoccupied land and how its military was formed and recruited being widely known. Yet, there was no interest from the philanthropists and traders mentioned at the beginning. This was a time when the State Budget could only be balanced through subsidies from the King-Sovereign and loans from Belgium, and the Congo's trade wasn’t drawing attention. The term “Congo atrocities” back then referred only to “the alleged mistreatment of African natives by English and other adventurers in the Congo Free State.”[3] After 1895, the Congo State's trade grew significantly, with exports rising from 10 million in 1895 to 50 million in 1902. It was around this time that the anti-Congo movement began to take shape. As the State demonstrated more strength and progress, the campaign became more vigorous, based on a few individual and isolated incidents, aiming to use humanitarian interests as a cover for its underlying greed, which has been revealed in the writings of pamphleteers and in the speeches of Members of the House of Commons, as they have clearly advocated for the abolition and division of the Congo State.
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 that goal in mind, it became necessary to bring a whole series of charges against the State. Regarding the humanitarian aspect, the alleged instances of violence against natives have once again been presented and edited endlessly. In all the recent meetings, writings, and speeches directed against the State, the same facts and evidence are repeatedly brought up. On the economic front, the State has been accused of violating the Act of Berlin, despite the legal opinions from the most qualified lawyers that provide strong legal justification for both its commercial practices and land policies. In terms of the political aspect, a misconception in international law has emerged, suggesting that a State, whose independence and sovereignty are absolute, should simultaneously owe its status 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.
With regard to the cases of mistreatment of natives, we place special emphasis on those that have been reported in the dispatches from His Majesty’s Consular Agents. During the House of Commons session on March 11, 1903, Lord Cranborne mentioned these official documents, and we have asked through His Excellency Sir C. Phipps that the British Government inform us of the facts mentioned. We reiterate this 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 government of the state has never denied that crimes and offenses occur in the Congo, just like in any other country or colony. The note itself acknowledges that these offenses have been taken to court and that the criminals have been punished. The conclusion to draw from this is that the state is carrying out its responsibilities; however, the conclusion actually drawn is that “many individual instances of cruelty have occurred in the Congo State,” and that “the number of convictions falls significantly short of the number of offenses actually committed.” This deduction doesn’t seem to follow directly. It would make more sense to say that the harsh sentences imposed will serve as a positive example, and that a reduction in crime can therefore be expected. If some offenses have indeed escaped the attention of the judicial authorities in the vast territories of the state, this is not something unique 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.”
The English note is mostly based on assumptions and conjectures: “It was claimed.... It’s been reported.... It’s also been said....” It even states that “His Majesty’s Government does not know exactly how true these accusations may be.” This shows that, according to the British Government itself, the allegations in question are neither proven nor established. Furthermore, the intensity, emotion, and unlikelihood of many of these accusations must raise doubt in an objective mind regarding their authenticity. To provide just one example: a lot has been made of the claim that on a train from Leopoldville to Matadi, three carriages were filled with slaves, a dozen of whom were in chains and guarded by soldiers. The Governor-General was asked for a report on this matter. He answered: “The individuals said to be a convoy of slaves were, for the most part (125), recruits coming from the Lualaba-Kasai district, Lake Leopold II, and the Bangalas to the camp in the Lower Congo. Attached, you will find lists of these individuals. As for the men in chains, they were certain people who had received sentences from the territorial Tribunal at Basoko and were on their way to serve their sentences at the central prison in Boma. They are Nos. 3642 to 3649 on the Boma prison register.”
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.
In a similar manner, a recent "interview," which echoed the usual accusations of cruelty, comes from a person who used to work for the State, was deemed "unsuitable for service," and has not been able to convince the State to accept his offer to write articles for the press that are favorable 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 note overlooks the responses, disagreements, and corrections that the attacks on the State Agents have led to at various times when they happened. It disregards the official statements publicly issued by the State Government last June, following the debate in the House of Commons on May 20th, the report of which is attached to the note. We also include the text of these statements, which preemptively addressed the issues mentioned in the dispatch from August 8th.
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:—
The only new complaint brought up in the note—likely to explain the significant fact that the English Consul, who has lived in the Congo since 1901, doesn't seem to support the claims of private individuals with his personal authority—is that this Agent has been “mainly focused on investigating complaints from British subjects.” This gives the impression that such complaints have been unusually high in number. It’s true that the Consul has, at various times, reached out to the Administration in Boma on behalf of his fellow countrymen, but judging by the cases the English Legation has had to bring to the attention of the Central Government in Brussels, these do not seem to be more than routine administrative matters. Some cases, in particular, involved issues related to inheritance of property in the Congo left by deceased British subjects; others aimed to correct judicial errors, common in other places, and it’s not even claimed that appropriate action wasn’t taken on these issues. The same Consul, who was appointed in 1898, wrote to the Governor-General on July 2, 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.”
“I hope you believe me when I say that, not just for myself, but for my fellow countrymen here in Africa, we genuinely appreciate your efforts for the community—efforts to promote goodwill among everyone and to unite the different parts 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.
Nor do the predecessors of Mr. R. Casement—since English Consuls with jurisdiction in the Congo were appointed by His Majesty’s Government as far back as 1888—seem to have been focused on the countless complaints; at least, that’s not the impression given in the Report (the only one published) by Consul Pickersgill, who, simply by reporting on his journey into the interior of the Congo as far as Stanley Falls, disproves the claimed impossibility for English Consular Agents to form an opinion de visu regarding 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.
Regarding the accusations against the State's administrative system, the note discusses taxes, public armed forces, and what is referred to as forced labor.
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:—
At its core, the criticism is aimed at the contributions made by the Congo natives to public expenses, as if there's a single country or colony where the residents don’t share in these costs in some way. A state without resources is unimaginable. What valid reason could there be for exempting natives from all taxes, given that they are the first to benefit from the material and moral progress brought to Africa? Since they don’t have money, they are required to contribute through labor. It has been suggested that if Africa is ever to move beyond barbarism, it must be by making the Black community understand the value of work through 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.”
“It’s a question about local labor that has really captured my attention regarding West Africa and other colonies. Listening to the right honorable gentleman, you might get the impression that it would be beneficial for the locals to be lazy. I believe it’s better for them to be hardworking, and we must do everything we can to encourage them to work.... No group in history has ever existed without the need to work. For the well-being of the locals all over Africa, we need 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:—
Such was the language used by Mr. Chamberlain in the House of Commons on August 6, 1901; and even 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.)
“We are all taxed, and heavily at that. Is this a system of forced labor? ... To claim that by imposing a tax on the native, he is reduced to a state of servitude and forced labor is, in my opinion, completely absurd. ... It seems perfectly fair to me that the native should contribute something towards the cost of running 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.”
“If that really is the final take on civilization, if we assume that the closer a native or any person is to a pig, the better their situation must be, then I have nothing to say. I still believe that, in any case, a native’s advancement in civilization won’t happen until they recognize the importance and value of work. So, I think anything we can reasonably do to encourage the native to work is a good 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.)
And he supported the idea of taxing the locals, arguing that “having the tax pushes him to work harder.” (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 2l.; 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.
Moreover, it's important to note that in almost every part of Africa, the local people are taxed. In the Transvaal, every person pays a "head tax" of 2 l.; in the Orange River Colony, there is a "poll tax"; Southern Rhodesia, Bechuanaland, Basutoland, Uganda, and Natal impose a "hut tax"; in Cape Colony, there's both a "hut tax" and a "labour tax"; and in German East Africa, a tax is also imposed on huts, which can be paid in money, goods, or labor. This type of tax has also been implemented in the Sierra Leone Protectorate, where payment could be made "in kind by rice or palm nuts," and it has been proposed that labor on roads and other useful projects should be accepted instead of payment in cash or goods.
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.
The legality of a tax isn’t influenced by how it’s paid, whether in cash or in goods, as long as the amount isn’t excessive. This is definitely the case in the Congo, where the work done by the locals amounts to no more than forty hours a month. Additionally, this work is compensated, and the tax paid in goods essentially gives the local people some return for their labor.
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:—
Payment of taxes is mandatory everywhere, and not paying them leads to enforcement actions. The rules for the hut tax require natives to face penalties like imprisonment and forced labor for non-payment. In the Congo, paying taxes is also not optional. Sometimes, strict measures are needed elsewhere due to natives refusing to follow the law, for example, the disturbances in Sierra Leone, regarding which an English journalist comments on the police force, stating:—
“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.”
“Between July 1894 and February 1896, at least sixty-two convictions, which are acknowledged to be only a small fraction of the actual offenses committed, were recorded against them for flogging, looting, and generally mistreating the locals.”
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.
Further examples can be recalled of the resistance faced among local populations to government regulations. Civilization often clashes with their primitive instincts and brutal customs and behaviors; it makes sense that they tolerate but resent a society that feels restrictive to their freedom and indulgences. In Africa, it often happens that groups of locals migrate from one area to another, hoping to find a government beyond the border that is less established or weaker, thus freeing themselves from obligations and restrictions. Natives from the state may have crossed into neighboring territories under such considerations, although no large-scale emigration, as mentioned in the English note, has ever been reported by the Commandants of the border provinces. In fact, it is true that natives in the Upper Nile region who had settled in British territory have returned to the left bank due to new taxes imposed by the English authorities. Moreover, if these territories are what is being referred to, the information in the note seems to contradict other details provided, for example, 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.”
“I can say for sure that from the British border near Fort George to the farthest point of my travels into the Mbuba region of the Congo Free State, along the Semliki River, the locals seem to be thriving and content. The way they were constructing their villages and developing their farms close to Fort Mbeni indicated that they felt safe from the Belgians.”
Major H. H. Gibbons, who was for several months on the Upper Nile, writes:—
Major H. H. Gibbons, who spent 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.”
“Having had the chance to get to know many officers and visit their posts in the Congo State, I am convinced that their behavior has been widely misunderstood by the media. I’ve shared my experience as evidence, which differs from a recent article in the English press that accuses them of severe cruelty.”
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.
The statement from last June, which I've included a copy of, has addressed the criticisms aimed at the state's public forces by making it clear that recruitment is governed by law and that only one man in every 10,000 is impacted. Claiming that “the way of getting people for military service is often not much different from how slaves were obtained” shows a misunderstanding of the well-defined regulations that have actually been put in place to prevent abuses. Recruitment happens in each district; the district Commissioners determine how conscription is carried out in collaboration with the local Chiefs. Many people choose to enlist voluntarily, and numerous re-enlistments easily fill the ranks, which total a modest 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 claim, as the note states, that “the men making up the armed forces of the State were often recruited from the most aggressive and savage tribes” must not realize that public forces come from every province and the entire population. It’s hard to believe that the authorities of a State, considering its interests, would build an army from undisciplined and savage elements. There are examples—like the reported excesses by irregular groups in Uganda and the past revolts in the Congo—that actually highlight the need for careful recruitment of armed forces. The European establishment, made up of Belgian, Italian, Swedish, Norwegian, and Danish officers, enforces strict discipline, and it would be pointless to look for the supposed facts mentioned in the claim that soldiers “not infrequently terrorized their own officers.” That claim is as baseless as the one stating “that compulsion is often exerted by irresponsible native soldiers, unchecked by a European officer.” For a long time, the authorities have recognized the risks posed by stations of black soldiers, who inevitably misuse their power, as noted in Sir D. Chalmers' Report on the insurrection in Sierra Leone. In the Congo, such stations have been gradually eliminated.
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.”
Those who are willing to accept the undeniable truth will see that of the criticisms aimed at the State, the most unfair is the claim “that no effort is made to manage the natives, and that the Government officials seem to have no interest in 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:—
It’s surprising to see such a statement in a message from a government, especially since one of its members, Lord Cranborne, the Under-Secretary of State for Foreign Affairs, said on May 20th:—
“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.”
“There was no doubt that the administration of the Congo Government had shown a significant level of administrative development. There were railways, there were steamboats on the river, hospitals had been built, and all the components of complex judicial and police systems had been put in place.”
Another member of the House of Commons acknowledged—
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.”
"That the Congo State had effectively kept alcoholic drinks out of most of their territory; that they had set up several hospitals, reduced smallpox through vaccination, and put an end to 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.”
However limited these admissions are, they still contradict the claim being made now that “the natives are left entirely to themselves regarding any help in their government or in their affairs.”
Such does not seem to have been the conclusion at which Mr. Pickersgill, the English Consul, had arrived as long ago as 1898.
That doesn't seem to be the conclusion that Mr. Pickersgill, the English Consul, reached back in 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.”
“Has the welfare of the African,” he asks, “been properly addressed in the Congo State?” He answers: “The State has limited the liquor trade... it’s hard to overstate the service the Congo Government is providing to its people in this regard... Intertribal wars have been suppressed over a large area, and as European authority continues to be established, the boundaries of peace are always expanding... The State deserves praise for the security it has established for everyone living under its flag and following its laws and regulations... The Congo Government also deserves recognition for reducing cannibalism... The grip of the infamous Arab slave traders has been broken, and the trading of humans among the locals has significantly decreased.”
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.
Since 1898, the overall situation for the locals has improved even more. The system of carriers (“le portage à dos d’homme”), which Mr. Pickersgill highlighted as particularly challenging for the locals, has disappeared in the areas where it was most common, thanks to the development of railways. In other places, motor vehicles are now used for transportation. The “sentry,” which the Consul critiqued with good reason, is no longer in operation. Cattle have been introduced to every region. Health commissions have been set up. Schools and workshops have increased significantly.
“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.”
“The native,” says the enclosed document,[4] “is living in better housing, is better dressed, and is getting better nutrition; he is replacing his huts with more solid and healthier homes; thanks to current transportation options, he can access the goods he needs to meet his new desires; workshops have been established for him, where he learns trades like blacksmithing, carpentry, mechanics, and masonry; he is expanding his farms and, following the example of white people, is learning modern farming techniques; he always has access to medical care; he sends his children to state-funded school colonies and 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.
As mentioned in the House of Commons, it’s important to acknowledge that the physical and ethical improvement of Central Africa won't happen overnight. The progress made so far has been significant, and we will work to strengthen and expand upon it, despite the attempts to obstruct the government's efforts, which should instead be supported for the sake of civilization.
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 English note doesn't indicate that the State's economic system is opposed to the Berlin Act. It fails to address the legal and factual points through which the State has shown that its system of land tenure and concessions aligns with the provisions of that Act. It also doesn't clarify how or why freedom of trade—a term used at the Berlin Conference in its typical grammatical and economic sense—is lacking in the Congo State due to the presence of 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 note mixes up the owner's use of his property with trade. The local person who collects on behalf of the owner does not become the owner of what is collected and, of course, cannot sell it to someone else, just like a miner cannot steal the owner’s mineral output and sell it himself. These rules follow the principles of justice and are explained in many documents, like legal opinions and court decisions, some of which are attached. His Majesty’s Government does not argue that the State is not justified in granting land to bona fide occupants or that the native has any rights to the resources from the land as soon as it is divided into individual ownership. This distinction has no legal basis. If the State can sell land, it's because the native is not the owner; what right would he have to the resources from property that others have lawfully acquired? Could it be argued, for example, that the Lower Congo Railway Company, the South Cameroons Company, or the Italian Colonial Trading Company are obliged to let the native take resources from the land allocated to them just because they aren’t actively using it at the moment? In fact, in the Congo State, the appropriation of lands managed by the Government or by the Concessionary Companies is a reality. The State and the Companies have invested large amounts of money, totaling millions of francs, into developing these lands, especially the forests. Therefore, there is no doubt that throughout the Congo territories, the State fully utilizes its property, just as the Companies fully utilize 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.
The current situation in the Independent State is such that, from the State's perspective, there's really no need to elaborate further on the theory presented in the note that addresses the rights of the State, along with those of bonâ fide occupants and the locals.
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.
Still, this theory requires the attention of the authorities, considering the serious issues that would come up if it were to be taken at face value.
The note lays down the three following propositions:—
The note presents the following three points:—
“The State has the right to partition the State lands among bonâ fide occupants.”
“The government has the right to divide the public lands among genuine 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.”
“The locals will, since the land is divided among genuine occupants, lose their right to roam over it and gather the natural resources it produces.”
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.
There isn’t just one of these propositions that doesn’t seem to rule out the other two, and, in fact, these contradictions essentially deny 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.
If genuine occupiers ever existed, they have become owners; occupation, when it can be exercised, is under all laws one of the ways to acquire property, and in the Congo, ownership titles originating from it have been legally registered. If the land has never been legally occupied, it has no owner, or rather, the State is the owner: the State can assign it to a third party, who receives a complete and absolute title through that assignment. In either case, it’s difficult to understand how the benefits of the land can be reserved for anyone other than the owner on the grounds that the owner cannot collect the produce from their 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.”
By a curious contradiction, the note points out that, as a result of the State’s land distribution, the natives “lose their right to collect natural fruits,” while, at the same time, they keep the right to sell these fruits “until unoccupied land is turned into individual ownership.” It’s hard to grasp the meaning of a right that either belongs to the natives or doesn’t, depending on the actions of a third party. They either lost their rights when the lands were distributed, in which case those rights are completely gone, or they have retained them and have the right to keep them, even if “the land is turned into individual ownership.”
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.
Again, what should we understand by the terms “bonâ fide” occupiers and “individual occupation?” Who decides if the occupier has put his land into a state of individual occupation, whether he can gather its produce, or if it’s still up to the local people to do that? In any case, this question is essentially one that needs to be resolved 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.
The note is also lacking in another way. It says that where the land hasn’t been worked by those who have a right to it, the option to work should belong to the native people. This would give rights to the natives at the expense of the Government or white concessionaires, but the note doesn’t clarify how or by whom the harm caused would be addressed or fixed. Although the system advocated can’t be applied in the Congo State since there are no longer any unclaimed lands there, it’s important to highlight this statement for the benefit of white men in the conventional basin. While it’s right to treat Black individuals well, it’s also fair not to disadvantage white people, who, for the benefit 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.
From an economic standpoint, it would be unfortunate if, despite the rights regularly obtained by white men, the land were, even temporarily, handed over to the natives. Such an action would mean going back to their previous state of neglect, when the natives left it unproductive, as the collection of rubber and the planting of coffee, cocoa, tobacco, etc., started only after the State took the initiative: the export trade was minimal before the boost it got from government efforts. Additionally, this approach would likely lead to ignoring effective methods of work, planting, and replanting—actions that the State and the Concessionary Companies have taken on as a responsibility to ensure the preservation of the country’s natural resources.
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.
Never in the Congo, as far as we know, have requests to buy natural resources been made to the rightful owners. So far, the only efforts have been to buy the resources that have been stolen, and the State, as it should, has prosecuted those responsible for these illegal attempts.
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’s not true, as some have claimed, that the government's policy has harmed trade; on the contrary, it has generated the resources that trade relies on and maintains the supply. Thanks to the government, the Antwerp market—and soon even in the Congo, where plans for trade depots are being discussed—can sell 5,000 tons of rubber collected in the Congo each year to everyone without any privileges or monopolies, while back in 1887, for example, rubber exports barely reached 30 tons. The government is the one that, after investing its own resources to create the trade materials, carefully protects the source by 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.
It should not be overlooked that the Congo State has had to depend on its own resources. It was compelled to use its lands for the public good. All income from the lands goes into the Treasury, along with the dividends from the shares that the State holds in exchange for the Concessions granted. It has only been by fully utilizing its land and pledging most of their revenues that it has been able to raise loans and support the construction of railways by guaranteeing interest, thus achieving one of the key methods promoted by the Brussels Conference for advancing civilization in Central Africa. It has also not shied away from mortgaging its lands for this purpose.
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.
The Berlin Act doesn't actually oppose this approach, as it never banned property rights like some are currently trying to claim. This effort, whether intentional or not, is aimed at undermining the entire conventional area 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.
It won't go unnoticed by the Powers that the English note, by suggesting a referral to the Court in The Hague, raises for arbitration issues of sovereignty and internal governance—matters that, according to current theories, are generally excluded from arbitration decisions. Regarding the current case, it should be assumed that the suggestion to refer the issue to the Court in The Hague has a broader implication, especially if the English Chambers of Commerce believe that “the principles and practices implemented in the administration of the French Congo, the Congo Free State, and other regions in the conventional Congo basin are [sic] in direct contradiction to the Articles of the Act of Berlin, 1885.” The Government of the Congo State has consistently supported arbitration as a way to resolve international issues, which can thus be appropriately addressed, such as the disagreements that have arisen regarding the lease of the Bahr-el-Ghazal territories.
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.
The Government of the Congo State, after thorough review of the English note, remains convinced that, due to its vagueness and the total absence of evidence, which is implicitly acknowledged, there is no court in the world, even if one had the proper authority, that could do anything other than dismiss a case based on mere assumptions.
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?
If the Congo State is attacked, England might acknowledge that she has faced more attacks and accusations than any other nation, and the list of campaigns directed against her colonial leadership would be extensive. She certainly hasn’t escaped criticism for her numerous and violent wars against indigenous populations, nor for the accusations of oppressing natives and violating their freedom. Has she not been criticized for the prolonged uprisings in Sierra Leone; for the unrest in Nigeria, where recently, according to English newspapers, military repression resulted in the deaths of 700 natives, most of their chiefs, and the Sultan; and for the ongoing conflict in Somaliland, which has cost many lives, yet has not provoked expressions of remorse in the House of Commons, except regarding the hefty financial burden?
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.
Seeing that these attacks have left England indifferent, it's a bit surprising to find her now placing such importance on 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.
There’s, however, a reason to believe that the people of the Congo State prefer the government of a small and peaceful nation, whose goals are as tranquil as its establishment, which was based on treaties made with the locals.
(Signed) CHR. DE CUVELIER.
(Signed) CHR. DE CUVELIER.
Brussels, September 17, 1903.
Brussels, September 17, 1903.
Annexes.[5]
Annexes. __A_TAG_PLACEHOLDER_0__
I. “Bulletin Officiel de l’État Indépendant du Congo,” Juin 1903.
I. “Official Bulletin of the Independent State of Congo,” June 1903.
II. Judgments delivered by the Tribunals of French Congo.
II. Judgments made by the Courts of French Congo.
III. Opinions of Messrs. Van Maldeghem and de Paepe, Van Berchem, Barboux, and Nys.
III. Opinions of Mr. Van Maldeghem, Mr. de Paepe, Mr. Van Berchem, Mr. Barboux, and Mr. Nys.
Translations of Extracts from Annex I.
Translations of Extracts from Annex I.
Page 142.
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 line with Articles II and XIII of the Berlin Act, the Congo State guarantees free access to all its internal waterways for all flags, regardless of nationality, and ensures complete freedom of navigation. The railway, built to address the un-navigable sections of the lower river, is open to traffic from all nations as stated in 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 line with Article III, there is no different treatment for ships or goods, and no tax is charged to foreigners that isn't also applied to nationals.
In conformity with Article IV, no transit due has been imposed.
In line with Article IV, no transit fee has been charged.
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 accordance with Article VI, the freedom of conscience and the right to practice worship are guaranteed to locals, foreigners, and missions of all faiths.
In conformity with Article VII, the State has adhered to the Convention of the Universal Postal Union.
In accordance with Article VII, the State has joined 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.
Taking advantage of the authority granted by Article X, the Congo State has declared itself permanently neutral, and under no circumstances has it failed to fulfill the responsibilities that come with 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 line with Article XII, it has sought to use mediation and arbitration in the event of any international dispute, and has never refused to participate in such processes.
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.
In line with the Declaration from July 2, 1890, the import and export duties charged do not go beyond the limits set by the Agreements from April 8, 1892, and March 10, 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.
Article I of the Berlin Act states that "the trade of all nations shall have complete freedom in the Conventional basin of the Congo," and, according to Article V, "no monopoly or favoritism of any kind in trade matters" shall be allowed there. These rules, along with the others, have been upheld by the Congo State both literally and in intent.
Page 144.
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]
Freedom of trade is total in the Congo, without any monopoly or special privileges. Everyone is allowed to buy or sell any kind of goods that it’s legal to trade. The law safeguards this freedom by prohibiting any interference with business transactions; it penalizes “anyone who has used violence or threats to force the locals, whether on the roads inland or in the markets, to sell their goods to specific individuals or at specific prices;”[6] it punishes “those who, through violence, mistreatment, or threats, have interfered with the freedom of trade, either to halt trade caravans on public roads or to obstruct the freedom of transport 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.
It is claimed that the principle of free trade is violated when the State takes over vacant and unclaimed lands within its territory. When, by the Decree of July 1, 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 based on a legal principle that is widely recognized. Its actions in this regard were not, as some have suggested, the first step in a planned policy of exclusivity. That principle has been included in the legal Codes of all civilized nations and has been approved by all Colonial legislative systems.
Page 152.
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.
If it were true that by declaring all ownerless lands to be government property, the Congo State had taken land from the natives, then all these different laws could be challenged for the same reason. It's commonly accepted that the natives don’t really have a legal claim to the large areas of land they have left unused for ages, or to the forests they haven’t profitably developed. However, the laws of the Congo State make sure that the natives can continue to enjoy the lands they occupy. In fact, not only are they not disrupted in this enjoyment, but they are also expanding the areas they farm and their plantations as their needs increase. The State has gone to great lengths to protect the natives from being exploited.
“No one has the right to dispossess natives of the lands which they occupy (Ordinance of the 1st July, 1885, Article 2).
“No one has the right to take away the land from the natives who live there (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).
“The lands occupied by the native population under the authority of their Chiefs shall continue to be governed by local customs and practices (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).
“In cases where the lands involved in the application are partially occupied by local people, the Governor-General, or his Delegate, will step in to try to reach an agreement with them. This aims to secure the lands occupied for the applicant, either through transfer or lease, but the State should not incur any costs in the process (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).
“When native villages are surrounded by lands that have either been sold or leased, the locals may, as long as the land hasn't been officially surveyed, cultivate the vacant lands around their villages without needing permission from the owner or the lessee (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).”
“The members of the Land Commission should carefully consider whether the lands that have been requested should be set aside for public use or to enable the natives to expand their farming (Decree of the 2nd February, 1898, Article 2).”
Page 156.
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.
If it's not entirely accurate to say that the locals have been stripped of long-held rights, it's also not accurate to claim that the government's policy is focused on banning private trade to benefit its own business ventures.
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.
Such a statement can only come from a misunderstanding of the different stages the Congo trade has gone through since 1885. Back then, private business was focused only on the Lower Congo. The government, instead of wanting to shut off the Upper Congo, declared it open for everyone. The decree on April 30, 1887, actually resulted in several businesses setting up operations above Stanley Pool, thanks to the opportunities it created for settling on the land.
Article 6 of that Decree provided:—
Article 6 of that Decree stated:—
“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.”
"Non-natives who want to set up businesses or farms in areas above Stanley Pool, or in other locations that will be designated by the Governor-General of the Congo, will be allowed to claim a plot of land, with the maximum size determined by the Governor-General. As long as they meet the conditions he sets, they will have a preferential right to eventually buy property in those areas at a price established by him in advance."
And Article 7 added:—
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]
“The non-natives who want to occupy land in the same regions, provided the area exceeds the maximum mentioned in the previous Article, may temporarily occupy it under conditions set by the Governor-General. He will also decide whether the preferential right mentioned in the previous Article applies to this larger tract 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.
“To help businesses in the interior regions, the Government even waived export duties—the only customs fees they could impose at that time—on all local products coming from the areas 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]
“Starting January 1, 1888,” stated Article 1 of the Ordinance from October 19, 1887, “and until further notice, local products coming from the state territories on the left bank of Stanley Pool and above that lake will be exempt 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.
Later, on October 17, 1889,[11] the Government announced that people could apply for permits to harvest rubber and other plant products in the State forests of the Upper Congo where those products weren't already being processed by the local 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.
By the decree from July 9, 1890, the collection of ivory within state lands was completely handed over to private individuals in the areas of the Congo that were then accessible by steamboats.
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.
These regulations applied to all foreign businesses, regardless of nationality; they demonstrate that there was no policy of exclusion against private enterprises, which is currently associated with 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.
It hasn't been the Government's fault that people from all countries haven't benefited from this open system. However, they mostly stuck to the Lower Congo, with a few exceptions. The companies that chose to expand their operations into the central areas of the Congo found all the support they needed to set up agencies and gained the advantageous position they have now.
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 State can't really be blamed because, faced with almost everyone's lack of action, it tried to make use of its lands by managing them itself or through others. This was the only way to secure the funds needed for the Budget, which kept increasing as public services expanded, and to provide the country with an economic system by requiring the concessionary Companies to carry out public utility projects.
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 Government was careful not to abandon a moderate approach to the situation. When they defined areas reserved for operations by the domain on October 30, 1892—meaning those areas where it was confirmed, after investigation, that the locals had never engaged in rubber collection—they still left large regions available to the public and granted private individuals exclusive rights to harvest rubber on the Government properties there. In fact, these zones accounted for more than a quarter of the vacant State land, excluding the entire area below Stanley Pool. Nevertheless, companies continued for several more years without venturing into these regions; it wasn't until 1897 that signs of widespread activity began to emerge. That year, many of the factories still found in the Kassai, Ikelemba, and Lulonga districts, as well as along the Congo River, were established. However, it's worth noting that, with one exception, only Belgian companies decided to invest their capital in these ventures and accept the associated risks. Foreigners stayed away, even though they were free to settle in these areas; even long-established firms in the Lower Congo, especially English companies, did not feel it was the right time to open branches in the Upper Congo. This observation is generally true, as in the territories where concessions have been granted, none of the concessionary companies found any prior foreign interests; in fact, some foreigners involved in one of the most significant companies, the Anglo-Belgian India-Rubber and Exploration Company—founded by a group of Englishmen—have sold their stakes.
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.
The commercial opportunities available to individuals in the Congo have never been limited; trade is free, as long as it’s legitimate, across the country. In some areas, the government has even stepped back from exercising its property rights, rather than pushing excessive use of its land. For example, the Dutch Company, which exported goods worth 730,000 francs in 1887, exported over 3,000,000 francs worth of goods in 1901.
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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.
The organization work has been progressing across the entire country, with a more effective occupation of the territory; posts and stations have increased to 215. The activities of the administrative, judicial, and health authorities have expanded; transport options have been introduced; two railway lines have been laid in the Lower Congo, with more being constructed or proposed in the Upper Congo. Seventy-nine steamers and boats are now operating on the river and its tributaries; 1,500 kilometers of telegraph and telephone lines have been installed; roads have been built where automobiles will replace the old system of human portage. Vaccine institutes have been set up to combat the spread of smallpox through increased vaccination efforts; waterworks have been created in key areas like Boma and Matadi. Hospitals for both black and white patients have been established at various posts, along with Red Cross stations and a bacteriological institute. The import and trade of alcoholic beverages have been almost completely banned, particularly those made with absinthe. The trade of modern firearms and their ammunition is strictly forbidden. Cattle have been introduced at all stations, and model farms have been created. Sanitary Commissions have been formed to oversee public health requirements.
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.
This overall development is inevitably accompanied by better living conditions for the native, wherever he interacts with the European community. Materially, he has improved housing, clothing, and food; he is upgrading his huts to better-built and healthier homes; thanks to the available transportation options, he can access the goods needed to satisfy his new needs; workshops have opened where he learns trades like blacksmithing, carpentry, mechanics, and masonry; he is expanding his farms and, inspired by the white man, is adopting more efficient farming methods; he has access to medical care; he enrolls his children in state school colonies and missionary schools. Efforts have been made to protect the individual rights of black people, especially to prevent labor contracts between blacks and non-natives from turning into disguised slavery. This is where the Decree of November 8, 1888, goes into great detail about the length of contracts, their format, and wage payments. Recent legislation in French Congo, which has rightly received praise from English sources, has been motivated by similar concern 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.
The local people are free to earn a living through work that improves their quality of life. One goal of the State’s overall policy is to promote the improvement of the community by instilling the importance of hard work. It's understandable that governments, aware of their moral duty, should not support the idea that less privileged groups can be idle, as that would maintain a social system against progress. The Congo State is focused on fulfilling its educational mission by requiring the local population to help, through a kind of tax, which is compensated, in the development of State forests; the budget for 1903 allocated nearly 3,000,000 francs for such payments. The legitimacy of this method for developing State property is based not only on the general principle that the State owns unclaimed land but also on the agreement that local Chiefs have made to cede their political and land rights to the State through peaceful means and treaties. Moreover, it is the State that has shown the local people the existence of these natural resources, of which they were previously unaware, by teaching them how to utilize them. The State is also committed, just like private individuals, to planting and replanting to ensure the preservation and sustainability of these natural resources that would have otherwise been destroyed by negligence and greed.
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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.
The system that the State has adopted, while promoting the country's economic development, has also led to significant commercial activity, as exports now total a value of 50,000,000, and every year, 5,000 tons of rubber from the Congo forests are sold in 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.
Whatever has been said, this prosperity has not come at the expense of the locals. Some have claimed that the native populations must be mistreated because, on one hand, they are required to serve in the military, and on the other, they have to pay 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.
Military service in the Congo is no more slavery than anywhere else where conscription is practiced. The way public forces are recruited and organized is governed by detailed laws to prevent abuse. In reality, military service is not a significant burden to the population, as it only requires one man out of every 10,000. To clarify the misconceptions about the public forces, it's important to emphasize that they consist entirely of regular troops, with no "irregular levies" made up of undisciplined and barbaric elements. Efforts have been made to gradually eliminate positions held by black soldiers, and currently, every military post is led by a white officer. The increase in the number of officials has allowed for European officers to be assigned 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.
Regarding the contributions in kind that the authorities require from the locals, these taxes are just as valid as any others. They don't place a heavier or different burden on the locals compared to the tax systems in nearby colonies, like the hut tax. Therefore, the locals are contributing their fair share to the public burden in exchange for the protection provided by the State, and this share is relatively light, averaging out to only about forty hours of work per month for the locals.
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.
It's sadly true that acts of violence have occurred against the locals in the Congo, just like in other parts of Africa: the Congo State has never tried to deny or hide them. Critics of the State show their bias when they claim these acts are an unavoidable result of poor administration or when they insist that higher authorities tolerate them. Whenever a European official has committed such acts, they have faced punishment from the Courts, and several Europeans are currently in State prisons serving time for offenses against the laws designed to protect the lives and rights of the locals. Considering the vast size of the Congo State, these cases are exceptions, which is evident since recent publications attacking the Congo State have had to rely on incidents that are nearly ten years old, even referencing a commercial agent who was actually convicted for his actions against the locals. It's worth noting that Catholic missionaries have never highlighted this widespread cruelty that is alleged against the State, and while judicial statistics show the strict measures enforced by the Criminal Courts, it doesn’t mean there’s 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,
My Lord,
London, December 11, 1903.
London, December 11, 1903.
I HAVE the honour to submit my Report on my recent journey on the Upper Congo.
I have the honor 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.
I left Matadi on June 5th and arrived in Léopoldville on June 6th, staying near Stanley Pool until July 2nd, when I headed for the Upper Congo. I returned to Léopoldville on September 15th, so my time in the Upper River was just two and a half months. During that time, I visited several locations along the Congo River up to the confluence with the Lulongo River, traveled up that river and its main tributary, the Lopori, as far as Bongandanga, and explored around 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.
Although my visit was quite short, and the places I went weren’t typical stops along the communication routes, the region I explored was one of the most central in the Congo State, and the area where I spent most of my time, the Equator district, is likely one of the most productive. Additionally, by visiting this district, I was able to compare its current state with how it was when I last saw it about sixteen years ago. Back in 1887, I visited many of the same places again, allowing me to draw a comparison between the conditions I had witnessed when the locals lived their own wild lives in chaotic and disorderly communities, free from European control, and those shaped by more than a decade of active European intervention. Anyone who used to know the Upper Congo would have no doubt that much of this intervention was necessary, and today there is widespread evidence of the significant efforts made by Belgian officials to implement their methods of governance in one of the most primitive 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.
Well-constructed and well-maintained stations welcome travelers at various locations; a fleet of river steamers, numbering, I believe, forty-eight, owned by the Congo Government, operate on the main river and its major tributaries at regular intervals. This provides consistent communication to some of the most hard-to-reach areas 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.
A railway, well-built despite the challenges faced, now links the ocean ports with Stanley Pool, crossing a rough landscape that once posed many hurdles for weary travelers on foot, resulting in days of significant fatigue. Today, the railway operates efficiently, and I noticed many improvements in both the track and overall management since my last visit to Stanley Pool in January 1901. The cataract region, through which the railway runs, is largely unproductive and even barren, stretching about 220 miles wide. This area is believed to be the birthplace of sleeping sickness—a terrible disease that is quickly spreading across Africa, reaching nearly the Indian Ocean. The population of the Lower Congo has been gradually diminished by the relentless impact of this still-undiagnosed and incurable illness, which is a major factor in the noticeable decline of human life in the revisited regions. The locals definitely attribute their alarming death rate to this disease as a significant cause, although they also point to other reasons for their rapid population decline. Perhaps the most striking change I noticed during my journey into the interior was the significant reduction in native life. Communities I once knew as large and thriving are now either completely gone or exist in such small numbers that they are unrecognizable. The southern shores of Stanley Pool used to have a population of around 5,000 Batekes spread across the three towns of Ngaliema’s (Léopoldville), Kinchasa, and Ndolo, all within a few miles of each other. About twelve years ago, these people decided to leave their homes, and in one night, most of them moved to the French territory on the north shores of Stanley Pool. Where once there were bustling native African villages, I now saw only a few scattered European houses belonging to government officials or local traders. In Léopoldville today, I estimate there are fewer than 100 of the original natives or their descendants left. In Kinchasa, a few more can be found around one of the European trading posts, while at Ndolo, none remain, just a station of the Congo Railway Company and a government outpost. The Bateke people may not have been particularly desirable subjects for an active administration focused on progress and quick results. They were interlopers from the northern banks of the Congo River who made a profitable living as trading middlemen, taking advantage of the less sophisticated communities among which they had settled. Their departure from the southern shores of Stanley Pool is nonetheless regrettable, as they provided a crucial connection between the incoming European commercial presence and the local 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.
Léopoldville is sometimes referred to as a Congo town, but that's not really accurate. Besides the Government station, which is well organized in most ways, there's hardly anything that resembles a town—“barrack” would be the right word. The Government station in Léopoldville includes about 130 Europeans, according to its Chief, and likely around 3,000 local government workers, who live in neatly arranged lines of either well-constructed European houses or mud huts for the local staff. Wide paths, which could be called streets, connect different parts of this Government Settlement, and there’s a basic attempt at electric lighting with three lights set up in front of the Commissaire-Général’s house. Outside of the Government employees, the general population of Léopoldville consists of fewer than a dozen Europeans, along with maybe 200 local dependents of their households or stores. This general community includes two missionary groups with a total of four Europeans; a railway station with one European; four trading businesses—one Portuguese, one Belgian, one English, and one German—employing seven Europeans and about 80 to 100 local dependents; two British West African small traders; and a couple of Loango tailor boys who make clothes for the community. I think this sums up almost everyone who isn’t directly tied to 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.
These shops and traders hardly do any business in local produce, which is basically nonexistent in the area. Instead, they rely on cash transactions in Congolese currency with the large number of government employees, both European and local. If these cash dealings were to stop, the four European shops would have to close down. During my stay in Léopoldville, this situation actually occurred, and for reasons that weren’t publicly known, the large group of native Congo government workers, instead of receiving part of their monthly wages in cash to spend locally—along with those who were being paid off at the end of their contracts—were compensated by the government in barter goods from a government store. This payment method didn’t satisfy either the native government employees or the local traders, and I heard many complaints about it. The traders complained, some even to me, that since they had no other trading options besides cash transactions with government staff, the government paying these workers in goods abruptly eliminated all trade in the area. The native workers were also unhappy because they received cloth they often didn’t want at home, and to get the money for what they actually needed, they began selling the cloth they were forced to accept from the government store at a loss. Both the workers and the traders lost out on these transactions. The government charged 10 fr. for pieces of cloth when paying the workers, but these men would quickly sell them for 7 fr. or even 6 fr. in cash. I once bought two pieces from two recently-discharged government workers for 7 fr. each in June; they were charged 10 fr. each. They wanted to buy salt at a local store and were willing to lose 3 fr. from each 10 fr. of their pay to do so. The traders also complained that the extensive sale of cotton goods at reduced prices by government employees made it nearly impossible for them to sell cloth at regular prices 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:—
The 3,000 government workers in Léopoldville come from nearly every part of the Congo State. Some, especially those from the cataract district, seek out jobs voluntarily, but many—and I believe a large majority—are men or young men brought in from areas of the Upper Congo, who serve the authorities not by their own choice. On June 16th, five government workers came to me with their contracts and asked me how much longer they had to serve. They were all from the Upper Congo and had almost completed their full term. The contracts appeared to have been signed and issued in Boma on behalf of the Governor-General of the Congo State, and each was for a term of seven years. The men told me they had never been to Boma and that their entire service had been spent either in Léopoldville or the Upper Congo. In three of these cases, I noticed that a change had been made in the period of service, stated as follows:—
“Je réduis de sept à cinq ans le terme de service du....”
“I'm reducing the service term from seven years to five years for the....”
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.
This entry was signed by the acting State Inspector of the district. It apparently hadn't been noticed, as it was crossed out by his successor, and, in fact, the full period of seven years was, in each case, almost complete within a few months.
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.
Overall, the government workers in Léopoldville seemed well cared for, and none of them were idle. The main challenge in managing such a large staff comes from the insufficient food supply in the surrounding area. The primary food in the entire Upper Congo is made from the cassava root, which is soaked, boiled, and shaped into loaves or puddings of different weights. The local people around Léopoldville are required to provide a set amount of this food each week, which is collected through requisitions from all the nearby villages. The European government staff mainly relies on food supplies obtained from the local population in a similar way. While this is necessary, local suppliers don’t appreciate the task; they complain that their numbers are decreasing each year, while the demands on them either stay the same or tend 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.
The government station in Léopoldville and its large staff exist almost exclusively to operate government steamers on 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.
A hospital for Europeans and a facility meant for locals are both overseen by a European doctor. Another doctor lives in the Government station, conducting valuable and continuous bacteriological research. However, the native hospital—with no blame on the local medical staff, as I understand—is not a decent place. When I visited the three rundown mud huts serving this purpose, all dilapidated and two with almost completely torn thatched roofs, I found seventeen patients suffering from sleeping sickness, both male and female, lying in filthy conditions. Most of them were on the bare ground—some were even out on the pathway in front of the huts, and one woman had fallen into the fire just before I arrived (while in the final, unresponsive stage of the disease) and had severely burned herself. She had been well bandaged, but was still on the ground with her head nearly in the fire, and as I tried to speak with her, she accidentally tipped over a pot of scalding water onto her shoulder. All seventeen individuals I saw were nearing death, and during my second visit, two days later, on June 19th, I found one of them 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.
In a noticeable contrast to the neglected condition of these people, I found, just a couple of hundred yards away, the Government workshop for repairing and fitting the steamers. Here, everything was bright, organized, and bustling with activity, and it was hard not to appreciate the hard work that had established and kept this valuable facility running smoothly. Alongside a local missionary, some efforts were made during my time in Léopoldville to improve the conditions for the sleeping-sickness patients in the native hospital, but it was stated, in response to my friend's inquiries, that no construction of a proper hospital could take place until plans currently under review had been finalized elsewhere. The buildings I had visited, which the local medical staff greatly lamented, had served for several years as the only hospital accommodations available for the many native workers in the area.
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.
The Government warehouses in Léopoldville are spacious and well-constructed, housing not only the goods that the Government itself ships up the river via its fleet of steamers but also those from various Concession Companies. Generally, the produce brought down river by the Government steamers is transferred directly into the railway cars that run alongside the wharf, and then transported by train to Matadi for shipment to Europe. The different Companies operating on the Upper Congo, which hold Concessions from the Congo Government, are required, as I was told, by agreements to refrain from transporting goods or passengers outside the boundaries of their Concessions. This restriction applies to their own merchandise and their own agents as well. If they need to transport any of their own goods or people outside these limits due to urgent circumstances, they must pay the Congo Government either the freight or passage fees according to the Government’s tariff, just as if the goods or passengers were transported on one of the Government’s vessels. The tariff on goods and passengers transported along the interior waterways is relatively high, not necessarily excessive given the circumstances, but still one that, due to this effective monopoly, can generate annual revenue that significantly contributes to maintaining the Government fleet. According to estimates for 1902 released in the “Bulletin Officiel” in January of this year, the transport service is projected to generate 3,100,000 fr. in public revenue for 1902, while the expenditure for the same year is estimated at 2,023,376 fr. My own experience illustrated that this restriction of public transport to Government vessels is not entirely beneficial for the public. I wanted to leave Stanley Pool for the Upper Congo soon after arriving in Léopoldville, but since the Government vessels were mostly full, I couldn’t travel comfortably on one of them. The steamship “Flandre,” one of the largest vessels, departed Léopoldville for Stanley Falls on June 22nd, and I had initially planned to take it, but it left port with over twenty European passengers exceeding its capacity, all of whom, I was told, would have to sleep on deck. As a result, I had to look for other travel options, and thanks to the kindness of the Director of one of the major commercial Companies (the “Société Anonyme Belge du Haut-Congo”), I found excellent accommodations as a guest on one of his steamers. Even as a invited guest without paying for passage, special permission needed to be obtained from the Congo Government before this courtesy could be extended to me, and I saw the telegram from the local authority approving my transportation 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:—
This company has three other steamers, but the ban mentioned applies to all Congolese trading vessels on the Upper River. Even though these boats can’t earn money from freight or passengers, they are all heavily taxed based on their size, while government vessels, which make a lot of money transporting goods and passengers, don’t pay any taxes. The four vessels of the Société Anonyme Belge du Haut-Congo mentioned, the largest of which is only about 30 tons, reportedly pay the following annual 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.
Fr.
For permission to collect firewood 17,870
License for each steamer, based on its tonnage: 400 to 600.
The captain of each ship must be licensed, for which
A fee of 20 fr. per year is required.
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.”
Himself and each European member of the crew must then pay 30 fr. per year as “imposition personnelle,” while each native member of the crew costs his employers 3 fr. per person for the engagement license annually, and 10 fr. per person per year 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.
The “President Urban,” the largest steamer of the Company mentioned, pays at least 11,000 fr. in taxes each year under these various categories, as I was told. If it transports any of the Company’s agents or goods outside the restricted area of its Concession, the owners must pay the Congo Government both passage fees and freight charges on these items, just as if they were sent by one of the Government’s 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.
No one from the public can cut firewood within a thirty-minute steaming distance of any Government wooding posts, which are strategically placed at the best wooding locations along the various waterways. This means that the 10,000 fr. wood-cutting license that the “President Urban” pays only allows her crew to gather suitable timber for fuel from more difficult-to-reach areas.
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.
At F* I spent four days. I had visited this place in August 1887 when the line of villages that made up the settlement had between 4,000 and 5,000 people. Most of these villages are now completely deserted, with the forest covering the abandoned sites, and the entire community today has no more than 500 residents. There isn't a Government station at F*, but the Government telegraph line connecting Léopoldville with Coquilhatville, the headquarters of the Equator district, runs through the former townlands of the F* villages near the riverbank. The residents of the riverside towns, and those from 20 miles inland, have to keep the line clear of undergrowth, and in many places, the telegraph road acts as a useful public path between neighboring villages. Some locals complained that they hadn't received any payment for this required service; and those who lived farther away found it difficult to feed themselves when they were far from home and working on this task. An inquiry in the area found that no payment for this work had seemingly been made for almost 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.
Men are also expected to work at the nearby wood-cutting site for the government steamers, which is managed by a local Headman or Kapita, who is overseen by a European “Chef de Poste” at Bolobo, the closest government station, located about 40 miles upstream. These wood-cutters, while required to serve and sometimes held back irregularly, receive fair compensation for their work.
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.”
The F* villages have to provide kwanga (the prepared cassava root mentioned earlier) for the nearby wood-cutting post, and they claimed that the amount required is more than they can supply and doesn’t match the value they receive in return. The demand was set at 380 kwanga (or boiled cassava puddings) every six days, with each pudding weighing between 4-1/2 lb. to 6 lb.—a total of 1,700 lb. to 1 ton of carefully prepared food per week. For this, they get paid one brass rod for each kwanga, totaling 19 fr. for the several villages responsible for providing food to the wood post. I calculated, through careful estimation, that these villages have about 240 people—men, women, and children. In addition to preparing and transporting this food a considerable distance to the Government post, they also need to help keep the telegraph line clear and support Government workers. During my visit, an elderly man was arrested to serve as a soldier and was taken to Bolobo, 40 miles away, but he was later released thanks to a missionary who knew him. I was told there are about thirty wood-cutters at the local post, so the food demand exceeds their needs, and the surplus is reportedly sold at a profit to passing steamer crews. In one of the smallest F* villages, with no more than ten people total and only three women capable of preparing and cooking the food, they had to supply 40 kwanga (weighing 180 lb. to 270 lb.) each week for a payment of 40 rods (2 fr.). These villagers said, “How can we possibly plant and weed our gardens, gather and prepare the cassava, make it portable, and then carry it nearly a day's journey to the post? Moreover, if the kwanga we make are a bit small or not well-cooked, or if we complain that the rods we receive in payment are too short, which they sometimes are, we get beaten by the wood-cutters, and sometimes we have to spend several days chopping firewood as punishment.”
Statements of this kind might be tediously multiplied.
Statements like this could easily be repeated many times.
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 1/2d.
The local mission station at F* needs much smaller kwanga than the Government size, getting between 1.5 to 2 lbs. of food for the same price—namely, 1 rod. The kwanga made for general consumption, as sold in local markets, only weighs about 1 lb. each. The Government requires, delivered for free, even at considerable distances, four and a half to six times the amount of prepared food compared to what’s sold publicly for ½ 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 1/2d., 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 1/4d., 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.
In most parts of the Upper Congo, the main currency is lengths of brass wire, with the lengths varying depending on the area. At one time, the standard length of a brass rod was 18 inches, but now the average length is about 8 or 9 inches. The stated value of one of these rods is 1/2d., with twenty of them equal to a franc; however, the actual cost of a rod for anyone importing the brass wire directly from Europe is probably less than 1/4d.. As it stands, clumsy and dirty, this is the primary form of currency used in the Upper Congo, where, aside from some areas of the French Congo I visited, European money is still largely 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 reasons for the population decline at F*, as shared with me by both the locals and others, suggest that sleeping sickness is likely one of the main causes. There has also been migration to the other side of the river, to the French side, but from what I understand, this hasn't been a popular choice. The people have struggled to adjust to the new way of life brought about by European governance in their area. While they used to take long trips down to Stanley Pool to sell slaves, ivory, dried fish, or other local goods in exchange for European products offered by the Bateke middlemen around the Pool, now they find themselves unable to participate in any of those activities.
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.
The open sale of slaves and the canoe convoys that used to travel the Upper Congo have completely disappeared. No action by the Congo State Government has likely had more positive outcomes than the strong effort to eliminate this widespread problem. During the 160-mile journey from Léopoldville to F*, I didn't see a single large native canoe in the middle of the river, and only a few small canoes near the shore close to native villages. While the end of open slave trading has undoubtedly been an improvement, much that was innocent in native life has also vanished with it. The ivory trade has now completely shifted away from the hands of the Upper Congo's natives, and there are no longer large-scale exchanges of fish or any other products from local industries at a 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.
As far as I could see in the limited time I had, the people of F* now rarely leave their homes unless required by the local government official in Bolobo to work as soldiers, chop wood at one of the government posts, or transport the weekly food supplies they need to deliver to the nearest government station. These food requests include chickens and goats for the European members of the government staff in Léopoldville, or for passengers on government boats. These requests come from the chief of the post in Bolobo, who, I understand, is obliged to maintain this supply as best he can. To gather this food, he has to apply constant pressure on the local population, and recently, that pressure hasn't just been about simple requests. Armed expeditions have been necessary, and a more forceful approach to collecting supplies has been used than what the law considers acceptable. I received very specific accounts of the damage one of these recent expeditions caused in the area around F* during my visit. The officer in charge of the G* district, leading a group of soldiers, went through part of the district where the locals, unaccustomed to the tasks expected of them, had been slow to send in both goats and chickens.
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.
The outcome of this expedition, which happened towards the end of 1900, was that in fourteen small villages visited, seventeen people went missing. Sixteen of them, whose names I received, were killed by soldiers, and their bodies were recovered by their friends, while one was reported as missing. Of those killed, eleven were men, three were women, and one was a 5-year-old boy. Ten individuals were tied up and taken away as prisoners but were released after their friends paid for them with sixteen goats, except for one child who died in Bolobo. Additionally, 48 goats and 225 chickens were taken, several houses were burned, and many personal belongings were either looted or destroyed. Complaints on behalf of the harmed villages were made to the Inspecteur d’État in Léopoldville, who greatly regretted the actions of his subordinate. He ordered an inquiry and compensation for the relatives of those killed as well as for the livestock or goods that were destroyed or taken. The local assessment of the damages amounted to 71,730 brass rods (3,586 fr.), which included 20,500 brass rods (1,025 fr.) meant as compensation for the seventeen victims. Three of these victims were Chiefs, and the requested amount worked out to about 1,000 brass rods (50 fr.) per person, which doesn’t seem like an excessive estimate for human life, considering that goats were valued at 400 rods each (20 fr.). I was informed that a total of 18,000 brass rods (950 fr.) was actually paid to the affected villages by the Government Commissioner who came from Stanley Pool; it was said that this amount was taken from the official responsible for the raid as a fine for his misconduct. I couldn’t find out what other punishment, if any, was imposed on this officer. He continued as the Government Representative for a while afterward, was then moved to another nearby post, and eventually returned home when his term of service ended.
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.
At Bolobo, where I spent ten days waiting for a steamer to continue my journey, a similar situation exists as at F*. Bolobo used to be one of the most important native settlements along the south bank of the Upper Congo, and back in the early days of civilized rule, the population was around 40,000 people, mainly from the Bobangi tribe. Today, the population is believed to be no more than 7,000 or 8,000 people. The men of Bolobo used to be well-known for their trips to Stanley Pool and for their excellent trading skills. All their large canoes have disappeared now, and although some still hunt hippopotamuses, which are still plentiful in the nearby waters, I didn’t see much sign of 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.
Certainly, it's tough to say how people live today or how they spend their time. They didn’t complain much about the weekly mandatory food supplies they had to deal with, which seemed unavoidable given the situation, but rather about the unexpected demands often placed on them. There’s no rubber or ivory available in this area. The food supply and some local labor are all that they are required to provide. As woodcutters, workers at the Government post, canoe paddlers, or those involved in the telegraph line or other public jobs, they are regularly called upon.
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.
The work needed didn’t seem too much, but it appeared to be requested inconsistently, unevenly shared, and paid very little, or sometimes not paid 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.
Complaints about how service is demanded happen way more often than complaints about the fact that service is needed. When a local official needs to take an unexpected trip, people are immediately called upon to paddle his canoe, and refusing can lead to imprisonment or a beating. If the government plantation or the kitchen garden needs weeding, a soldier will go to gather women from nearby towns. To the official, this is a vital public duty he feels he must enforce, but for the women who are suddenly pulled away from their household chores to trek off with a hoe in hand, a baby on their back, and possibly a hungry and upset husband waiting at home, it’s not a welcome task.
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.
One of the more challenging tasks the neighborhood faced during my time in Bolobo was building a wooden pier at the Government beach so that Government vessels could dock there.
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.
I visited this unfinished structure several times and estimated that between 1,500 and 2,000 trees and saplings had already been used in its partial construction. All of these were cut down and brought in by the men from some of the nearby towns, and I was informed from all sides that, up to that date, no payment had been made to any of them for this mandatory service. They were told, they said, to do it as a public duty. The timber needed had to be collected from quite a distance; most of the trees had been transported several miles, and the task was not particularly pleasant. The main complaint I heard about this work, however, was that the pier was being built so poorly that when finished, it would be completely useless, and all their efforts would be wasted. My own opinion of the structure was that this criticism was justified and that the first annual rise of the river would wash away most of the poorly laid timbers.
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 Bolobo people aren’t really against the regular food tax because it’s something they can prepare for and handle, but they struggle with the sudden and unexpected labor demands, like canoe journeys and the more demanding pier building. They can’t see any connection between these last-minute demands on their time and effort and a system of general contribution that should benefit the public good, which should be clearly explained. If there were a regular annual tax in cash or some kind of barter system that served as legal currency, over time, the people would probably understand that such a payment, fairly distributed and enforced, is a public duty they need to fulfill, and one that their government is allowed to enforce strictly. However, they don’t see any value in the random demands placed on them today. Being suddenly pulled away from their regular tasks, or even from their usual idleness, to do one of the jobs mentioned without receiving food or pay, as happens often, feels to these less progressive people like a personal burden imposed on them by the local representative of an organization they believe primarily exists for its own benefit.
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.
The weight of the kwanga at Bolobo seemed to be lighter than what was enforced at F*, and I noticed that this difference was consistent throughout the Upper Congo. At Bolobo, the kwanga loaves provided to the Government post weighed just over 3 lb each. For regular sale in the public market, they weighed a little over 1 lb: one of each that I weighed myself was 3 lb 2 oz for the Government loaf and 13 oz for the one meant for public sale. The price paid in both cases was the same—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.
At the village of H*, located about 4 or 5 miles from the Government post that I visited, I found around forty adult men along with their families. This village must provide 400 loaves of bread each week (approximately 1,250 pounds of food) for which they receive a payment of 20 francs (400 rods). The people of H* told me that when they run low on cassava from their own fields to make this supply, they buy the root in the local market, paying twice as much for it in its raw state compared to what they get for the prepared and cooked product they deliver to the post. I couldn't verify this claim, but many people assured me it was definitely true. Besides supplying this food weekly, H* also has to meet the usual requests for canoe paddlers, day laborers at the Government station (both male and female), timber gatherers for the pier, and woodcutters at the local wood stand for 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.
There was a lot of sickness in this town and the one nearby during my visit. Sleeping sickness and, even more so, smallpox. Both diseases have significantly reduced the population. Emigration to the French shore, which used to be active, now seems to have stopped. Local efforts are being made to improve the health and sanitation of the people, and the improvements from these efforts are becoming noticeable, but I was told 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.
The lack of food commonly seen in this part of the Congo seems to contribute to a lot of sickness, and likely to the mental distress of the locals that I frequently noticed, which is often a common cause of illness. The Chief of the Government post at G* during part of my time there mentioned that he believed the region was pretty depleted, and that it must be getting more and more challenging to source food from it for the local administration's needs.
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.
About 40 miles above Bolobo, there’s a large training camp with around 600 to 800 local recruits and several European officers located at a place called Yumbi. Unfortunately, I didn’t have the chance to visit this camp, although I met one of its officers who kindly invited me, promising a warm welcome. He told me that local food supplies were pretty plentiful near the camp, and the main rations for the soldiers consisted of hippopotamus meat, as the Congo in that area provided what seemed like an endless supply of these animals.
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.
In front of a local's house in a village, I saw about seventy hippopotamus skulls. I was told that all of these animals had been killed by one man. Many were speared, while some were shot by local hunters using cap guns. There seems to have been quite a bit of trade in these weapons, mostly conducted by Government Agents in the area until recently. I noticed several young men from Bolobo with guns like this, which they had bought at different times from the local official, usually paying for them with ivory tusks. The sale of these arms by Representatives of the Congo Government appears to have stopped about a year ago, and since then, the owners of the guns have faced some issues in getting licenses. The trading or possession of these types of guns seems to be regulated by specific rules, which, however, don’t seem to have been followed until last year. There’s now a tax of 20 fr. imposed for issuing a license to own a gun; this is mandatory for every gun owner, but the tax is collected in an inconsistent way.
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*.
I learned while at Bolobo that a significant influx from the I* district (which includes the “Domaine de la Couronne”) had recently occurred into the area behind G*. The nearest settlement of these emigrants was reported to be about 20 to 25 miles from G*, and I decided to visit this location. I spent three days on this journey and visited two large villages in the interior belonging to the K* tribe, where I found that about half the population now consisted of refugees from the L* tribe who had previously lived near I*. I saw and spoke to several groups of these people, discovering that they were skilled blacksmiths and brass-workers. These groups included young and old men, women, and children. They had fled from their homeland and sought refuge with their friends in the K* tribe over the past four years. The distance they traveled in their escape was estimated at about six or seven days’ march—which I would estimate to be around 120 to 150 miles of walking. When I asked why they had fled, they explained that they had faced such mistreatment from government officials and soldiers in their own country that life had become unbearable. They felt that their only options at home were to be killed for failing to meet rubber quotas or to die from starvation or exposure while trying to meet those demands. The claims made by these individuals were so extreme that I found it hard to believe. Nevertheless, the fact remained that they had indeed left their homes and everything they owned, traveled a long distance, and now preferred a type of mild servitude among the K* rather than staying in their own country. I took careful notes of what these people told me, which can be found in the attached transcript (Inclosure 1). Later, when I was at M* a few days after, I encountered 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]
On arriving in Bolobo in September, I received information that fully confirmed the claims made to me. My additional inquiries at M* are included in the attached 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.
Leaving Bolobo on July 23rd, I traveled upstream in a small steam-launch that I was lucky enough to secure for my personal use. We made stops at several locations along the French shore, and on July 25th, we arrived at Lukolela, where I stayed for two days. When I visited this area in 1887, there were around 5,000 people; today, after a careful count, the population is reported to be less than 600. The reasons given for this decline in numbers were similar to those reported in other areas: sleeping sickness, general poor health, lack of food, and the methods used by local officials to extract labor from them and the demands placed on them. The Lukolela district provides a small amount of rubber, which local government posts require to be delivered at set times as a general contribution. The riverside residents are also expected to supply food—specifically, “kwanga” and fish. The towns I visited were in very poor condition, run-down, and compared unfavorably, both in the type of housing now present and in the extent of cultivated land around them, to how these people once lived.
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]
Several reasons for the rise in illness and the significant drop in the district's population were outlined by the local missionary, who has lived for many years in Lukolela, in two letters he recently sent to the Governor-General of the Congo State. I received a copy of these letters from the author—the Rev. John Whitehead—when I stopped by Lukolela on my way downriver on September 12th. I didn’t have the chance to verify Mr. Whitehead's claims through personal observation since my stay in Lukolela was only a few hours. However, I have no reason to doubt Mr. Whitehead’s honesty, as he stated he is ready to take full responsibility for the information in his letter. A copy of these letters is attached (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.
The government post at Lukolela I didn't visit, but from the river, it looks charming; well-built houses surrounded by coffee plantations stretch for quite a 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.
From Lukolela, I went on to O*, which I intended to visit. O*, along with its two nearby villages, had been bustling with activity the last time I saw it in the fall of 1887. The combined population of the three towns was around 4,000 to 5,000 people—O* alone was estimated to have at least 3,000 residents. Many men had paddled out in canoes to welcome us with invitations to spend the night in their village. However, upon arriving at O*, I found that the village had completely vanished and in its place was a large training camp, where about 800 local recruits from different areas of the Congo State were being trained as soldiers by a Commandant and a team 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.
There’s also a large coffee plantation, a telegraph office, and a trading store, but I didn’t see any signs of local life beyond what was connected to these establishments. The former villages and their fields had been transformed into a well-organized and well-maintained military station. The Commandant and his officers offered a warm welcome. The camp is an excellent choice as a military center, with Irebu's location overseeing not just the Lake Mantumba waterway, but also one of the main navigable channels of the Congo; additionally, it’s directly across from the mouth of the great Ubangi River, which is probably the most important tributary of the Congo. The Commandant told me that a substantial supply of local food, more than enough for the soldiers under his command, was provided weekly by the surrounding natives.
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:—
It’s hard to accurately count the number of soldiers enrolled and maintained by the Congo Government. I believe there are four separate training camps on the Upper Congo, each meant to have about 700 men. The effective numbers for the companies of Manyuema, Lake Léopold II, Lualaba-Kasai, Aruwimi, and Ruzizi-Kivu were set, as per the Governor-General's Circular dated June 25, 1902, at 750, 475, 850, 450, and 875 men, respectively. There are many other companies within the “Force Publique” in the Congo State, and I think it’s safe to estimate that the total number of soldiers doesn’t fall below 18,000. In a Circular sent to local authorities dated May 26, the Governor-General mentioned that it was necessary to add 200 men to each of the camps in the Upper Congo. The same Circular also suggested an increase in the overall strength of the army as follows:—
“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.
“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.”
“if necessary, but I don’t even think it’s needed, the Government would be willing to increase the quota for 1903 to some extent.”
The same Circular added that:—
The same Circular stated that:—
“Certains districts en effet ne remplacent pas les miliciens décédés, désertés en cours de route et ceux réformés à leur arrivée au camp.
“Certain districts indeed do not replace the deceased militia members, those who deserted along the way, and those who were discharged upon their arrival at the 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.”
“Additionally, during the training period in the camps, a lot of waste occurs among these recruits, and the transportation of militia members still leaves much to be desired.”
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.
The Commandant told me that some of the locals who had escaped into the French territory a decade ago, when the Irebu tribes abandoned their homes, were now slowly coming back to Congo State. I later found out that this was true; the people claimed that since the rubber tax had been lifted in the Mantumba district, they preferred returning to their homelands rather than staying in the unfamiliar places in French territory where they had taken refuge when that tax was enforced.
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.
From Irebu, I traveled about 25 miles to Ikoko, which used to be a large village on the north shore of Lake Mantumba. I spent seventeen days at Lake Mantumba, visiting the government post at Bikoro on the lake's east shore, as well as many native towns along the shore. I also took a boat up one of the rivers that flows into the lake and visited three native villages in the forest along this route. Lake Mantumba is a beautiful body of water, around 25 to 30 miles long and about 12 to 15 miles wide at its widest point, surrounded by thick forest. The people in the area are from the Ntomba tribe, and they still live quite primitively, using finely crafted bows and arrows and poorly made spears as weapons. There are also many families or clans of a dwarf race known as the Batwas in the forest, who are much more savage and untamed than the Ntombas, who make up the majority of the population. Both the Batwas and Ntombas are still cannibals, and although cannibalism has been suppressed and isn’t as openly practiced as it used to be, it still exists in the area. The Mantumba people were once among the most active fishermen and traders on the Upper Congo before the Congo State took control. They used to set out in fleets of canoes onto the main waters of the Congo, traveling long distances and fighting, if necessary, to find buyers for their fish or slaves, or to acquire slaves themselves. All of that has stopped, and aside from small canoes used for fishing, I saw no canoes on the lake or at the various villages along its shores that compared to those frequently seen in the past. A man I visited told me that a nice canoe he bought for 2,000 brass rods (100 fr.) to send his weekly fish delivery to the local State post was taken by the official there, who used it to transport government soldiers and now has it at a government wood-cutting site, which he named near the main river. He received no compensation for losing the canoe, and when I suggested he report the issue to the local official responsible, who surely took the canoe without knowing, he pulled up his loin cloth and pointed to where he had been whipped with a chicotte, saying, “If I complain, I’d only get more of these.” Although he was afraid to complain locally, he said he'd gladly go with me if I took him to one of the Congo Judges or, especially, down to Boma. I assured him that a statement like the one he made to me would be taken seriously at Boma, and that if he could prove his claims, he would be compensated for the loss of his 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.
Similar statements, often backed by multiple witnesses, were shared with me several times during my trip around the lake, some highlighting even greater failures in duty. The same person told me on that occasion that one of the local government officials (the same one who had kept the canoe) had recently given him three wives. The official claimed he had been “declaring war” on a village in the nearby forest for not providing its required food supply, and as a result of the punishment, the village was destroyed and many prisoners were taken. Consequently, several of the captured women were left homeless and distributed. “Wives were being handed out that day,” my source said, “he gave me three, but another guy got four.” He continued that one of those “wives” had since escaped, with help, as he complained, from one of his own fellow townsmen, who was a slave from her original village.
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 56l. The fortnightly yield of each village would therefore seem to be worth a maximum of 14l. (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 population of the lake-side towns seems to have dropped by 60 or 70 percent in the last ten years. In 1893, the effort began to impose a rubber tax in this area, and for about four or five years, this tax could only be collected through constant fighting. Finding it nearly impossible to collect rubber, the authorities gave up on it in this district. The remaining residents now deliver a weekly supply of food for the military camp at Irebu or the large coffee plantation at Bikoro. Several villages I visited also contribute biweekly gum-copal taxes to the latter location, which the nearby forests produce abundantly. Gum-copal also washes up on the shores of the lake. Each village is required to provide an estimated 10 bags of this commodity every two weeks. Officially, each bag is said to contain 25 kg, totaling a quarter ton every two weeks. However, when I attempted to lift some bags being packed in a local village, I found they must weigh significantly more than 25 kg. I concluded that each sack represents that net quantity of gum-copal, as there is considerable loss during cleaning, chipping, and washing of the raw gum collected. Thus, the total delivered by each village amounts to about 6.5 tons annually. When I visited the government station at P*, the chief there showed me ten bags of gum he said had just been brought in by a very small nearby village. For this quarter ton of gum-copal, he stated he paid the village one piece of blue drill, a rough cotton cloth valued locally, which, after transportation costs, came to 11.5 fr. According to the Congo Government "Bulletin Officiel" of this year (No. 4, April 1903), I found that 339.5 tons of gum-copal were exported in 1902, all from the Upper Congo, valued at 475,490 fr. This means the value per ton is about 56l. Therefore, the biweekly yield from each village is probably worth a maximum of 14l. (likely less), for which they get a maximum payment of 11.5 fr. At one village I visited, most residents were preparing the gum-copal and the supply of fish they needed to take to P* the next day. They were loading it onto canoes to paddle across the lake—about 20 miles—and left with their loads in the night next to my steamer. These people told me they often received, instead of cloth, 150 brass rods (7.5 fr.) for the quarter ton of gum-copal they transported every two weeks.
The value of the annual payment in gum-copal made by each town would seem to be about 360l., while at an average of 9 fr. as the remuneration each receives fortnightly, they would appear to receive some 10l. in annual return.
The value of the yearly payment in gum-copal made by each town seems to be about 360l., while at an average of 9 fr. as the payment each receives every two weeks, they would appear to get about 10l. 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.
In the village of Montaka, at the south end of the lake, where I spent two days, the people seemed mostly focused on chipping and preparing gum-copal for shipment to Bikoro and getting their weekly catch of fish ready for the same destination. I observed the filling of ten basket-sacks with gum happening under the watchful eyes of the Chief—who also participated—and a State sentry who was stationed there. Each household in the town was represented in this final task, and every adult householder of Montaka took part in the overall contribution. Assuming the population of Montaka is between 600 and 800—and it can't be more even though it had 4,000 residents ten years ago—about 150 householders are directly involved in the collection and delivery of this “impôt en nature” every two weeks, impacting the majority of their 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 10l. 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 1s. 4d. 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.).
Since the 150 households in Montaka contribute 6.5 tons of gum-copal each year, they receive a total payment of only 10l. annually—specifically, 26 payments every two weeks, averaging about 9 fr. 50 c. each, which totals 247 fr. for the year. This means that each adult householder in Montaka earns just one hundred and fiftieth of that total, or only 1s. 4d. This is roughly equal to the value of an adult chicken in Montaka. I bought ten chickens the morning before I left, and for the only reasonably sized one, I paid 30 rods (1 fr. 50 c.), while the others, which were smaller chicks, ranged 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 364l., it follows that each householder had contributed something like 2l. 8s. per annum in kind.
The 6.5 tons of gum-copal provided each year by these 150 households is valued at around 364l., so each householder contributed roughly 2l. 8s. per year in goods.
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 work required might not be overly demanding, but it is ongoing year-round. Each person has to remain in their town and be prepared every week and two weeks to have their contribution ready, with the risk of immediate punishment if they don’t.
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.
The local workers on my steamer were paid 20 rods (1 fr.) per week just for food, and 100 rods (5 fr.) per month as wages. One of these workers earned more in a single week of my operation—compared to any other private business employing regular labor—than a Montaka householder would make in an entire year for the mandatory public service they provided 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 15l. It certainly would not have fetched more if put up to auction in any part of the Upper Congo.
At the other villages I visited, I found that the tax consisted of baskets, which the residents had to make and deliver weekly, along with a certain amount of food—either kwanga or fish. These baskets are used in Bikoro to pack gum-copal for shipping down the river and to Europe, with river transport carried out by government steamers. The basket-makers and other workers complained that sometimes they were paid for their labor with reels of sewing thread and shirt buttons (which they had no use for) when supplies of cloth or brass wire ran out in Bikoro. Since these locals almost go completely naked, I could believe that neither thread nor shirt buttons were helpful to them. They also stated that they were often whipped for delays or inability to finish the required number of baskets or the weekly food supply. Several men, including a chief from one town, showed deep welts across their buttocks that were clearly recent. One boy, around 15, removed his cloth to reveal several scars on his thighs, which he and others said were a part of a weekly penalty for a recent food supply shortage. That these claims were not entirely false was confirmed during my visit to P*, where I was shown the "domaine privé" store. It had very little inventory, and I learned that the goods for barter hadn't been restocked in a long time. There were about 200 to 300 pieces of coarse cotton cloth and nothing else, and since the cloth was obviously old, I estimated the entire stock to be worth possibly 15l. It certainly wouldn’t have sold for more if auctioned anywhere in 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.
The guidelines for paying local contributors and managing the use of the "forêts domaniales" were published in the "Bulletin Officiel" of 1896, under the authority of decrees dated October 30 and December 5, 1892.
These general instructions require that:—
These guidelines state that:—
“L’exploitation se fait par les agents de l’Intendance, sous la direction du Commissaire de District.
“Operations are carried out by the management agents, under the direction of the District Commissioner.
“Tout ce qui se rapporte à l’exploitation du domaine privé doit être séparé nettement des autres services gouvernementaux.
“Everything related to the management of private property must be clearly separated from other government services."
“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.
“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.
“Whatever method of operation is adopted for this purpose, they are required to provide the locals with compensation that is in no case less than the amount of the wage needed for harvesting the product; this compensation is set by the District Commissioner, who submits their rate to the approval of the Governor-General.”
“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.”
“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.
Both from the state of the Domaine Privé Store I checked out at P* and the clear poverty and widespread frustration among the local contributors whose towns I visited during the seventeen days I spent at Lake Mantumba, it was obvious that these instructions had long since stopped being followed. The lack of implementation of such necessary regulations couldn't be blamed on the local officials, who, obviously, if they weren’t adequately compensated, couldn’t correct the oversights or omissions of their superiors. While I don’t claim that these omissions are part of a systematic disregard for instructions meant to benefit the locals, it was clear that neither in Lake Mantumba nor in the other parts of the Domaine Privé I visited was there any proper effort made to instill in the locals a true appreciation for 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.
The station at Bikoro has been set up as a government plantation for about ten years. It is located on the original site of the former native town of Bikoro, which was an important settlement in 1893, now diminished to a few poorly maintained, messy huts, home to only a small fraction of its previous displaced 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.
Another small village, Bomenga, is located on the other side of the government buildings; the plantation surrounds both villages, taking over their old cassava fields and gardens, which are now filled with coffee trees. Further inland, these fields are replaced by cocoa and rubber trees (fantumia elastica), along with the native Landolphia creeper, which is being widely cultivated. The entire plantation spans 800 hectares. There are 70 kilometers of well-maintained pathways through it, with one road stretching 11 kilometers almost in a straight line; 400 workers are employed, including a small number of locals, but mostly men brought in from elsewhere. I was told that a large group I saw were “prisoners” from the Ruki district. There are 140,000 coffee trees and 170,000 cocoa trees planted, with the cocoa being a later addition than the coffee. Last year, the yield was 112 tons of coffee and 7 tons of cocoa, all of which, after being cleaned and processed at the government depot in Kinchasa, was shipped to Europe on behalf of the government. Rubber planting didn’t start until November 1901. Currently, 248 hectares are under cultivation, featuring 700,000 young Landolphia creepers, and in other areas of the plantation, mainly dedicated to coffee, there are 50,000 fantumia elastica and 50,000 manihot glaziovii trees. The station buildings are made entirely from local materials and constructed by local laborers. The Post Chief has effectively managed the operation of this plantation, which occupies all his time, and until recently, he had no assistant. A subordinate official is now working under his supervision. When he took over the district, he mentioned there were sixty-eight native soldiers assigned to the post, a number he has been able to reduce to nineteen. During the time the rubber tax was in effect in Lake Mantumba, several hundred soldiers were needed in that area. I’ve been informed that no rubber is currently being harvested in the vicinity.
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.
Despite the 70 kilometers of road through the plantation, much of which needs to be traveled frequently—indeed daily—the two Europeans have no means of transportation provided for them and must do their daily inspections of various points on 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.
Besides overseeing this thriving establishment, the Chief of the Post is also the Executive Chief of the entire district. However, it's clear that even the most driven official would have little time or energy for tasks outside of their main responsibilities as a coffee and rubber grower, along with the “overwhelming responsibilities” mentioned in the general instructions that apply to the agents managing 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.
I have reflected on the situation of P* and the towns I visited around Lake Mantumba in my notes from that time, which are included here (Inclosure 3). A careful investigation of the local conditions confirmed what I had been told—that the significant population decline, the dirty and poorly maintained towns, and the complete lack of goats, sheep, or chickens—once abundant in this area—were mainly due to the ongoing efforts over many years to force the locals to work with rubber. Large groups of native troops had previously been stationed in the region, and the punitive actions taken to enforce this had lasted a long time. During these operations, there was considerable loss of life, often accompanied by widespread mutilation of the dead as evidence that the soldiers had fulfilled their duties. Every village I visited around the lake, except for Q* and one other, had been deserted by its residents. Some of these villages have only just begun to be reoccupied; others are only now seeing a return. In one, I found only charred poles that had once been homes, and in another—R*—the people abandoned the area when my steamer approached. Despite the loud calls from my native guides onboard, nothing could persuade them to come back, making communication impossible. In the three following villages I visited beyond R*, as I crossed the lake heading south, the residents all fled when they saw the steamer, and it was only when they realized whose vessel it was that they were willing 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.
At one of these villages, S*, after people had regained their confidence and the fugitives had been persuaded to come out from the nearby forest where they had been hiding, I saw women returning with their babies, their household items, and even the food they had hastily grabbed, well into the evening. When I met some of these women in a field, I asked them why they had run away when they saw me. They smiled and said, “We thought you were Bula Matadi” (i.e., “men of the Government”). This kind of fear was previously unknown along the Upper Congo; in much more remote areas I visited years ago, people would come from all directions to greet a white stranger. But today, the sight of a white man's steamer clearly signaled an instant retreat.
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 head of the P* post told me that a similar panic existed almost everywhere in the region surrounding his station. He mentioned that when he went on peaceful missions just a few miles from his home, the villages were usually abandoned as he approached, making it nearly impossible to connect with the locals in their own homes. However, he noted that this wasn’t true for every village and mentioned a few places where he could expect a warm welcome. For the most part, though, he found it quite impossible to meet them “at home.” When I asked why there was such fear of the white man, he explained that these people, being "savages," were well aware of the crimes they committed and probably feared that the Government’s white man was coming to punish them. He added that they had certainly experienced an “awful past” from some previous officials in local administration, and it would take time to rebuild that trust. He said that men still approached him who had their hands cut off by Government soldiers back in those dark times, and that many victims of such mutilations still lived in the surrounding areas. I personally witnessed two cases during my time at the lake. One was a young man whose hands had been smashed off against a tree with the butts of rifles, and the other was an 11 or 12-year-old boy whose right hand was severed at the wrist. The boy recounted how he lost his hand, saying that even though he was injured, he was fully aware of his wrist being cut off but remained still out of fear of being killed if he moved. In both cases, Government soldiers were accompanied by white officers, whose names I noted. Of six locals (one girl, three young boys, one youth, and one elderly woman) who suffered similar mutilations during the rubber regime, only one was alive at the time of my visit. The elderly woman had passed away earlier that year, and her niece told me how her mutilation was carried out. On the day I left Lake Mantumba, five men with amputated hands came to the village of T* across the lake to see me, but upon hearing I had already left, they went back home. A messenger informed me, and I sent someone to T* to locate them, but by then, they had scattered. Three of them later returned but were too late for me to meet. I assume these were among those the official mentioned, as they hailed from the area around P* station. Statements like these from the two mutilated individuals I encountered and others who had witnessed such mutilations in the past are attached (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.
The taxes imposed on the people of the district are due every week or two weeks, which means they can't leave their homes. In some of the villages I visited near the end of Lake Mantumba, fish supplies have to be delivered weekly to the military camp at Irebu, and when the water is high in the lake and fishing is tougher, deliveries are every ten days. One of these towns is at least 45 miles away from Irebu. The round trip between their homes and the camp requires the people of this town to paddle 90 miles by canoe, and when the lake is rough and stormy— which happens often— the journey would take at least four days. This time spent must be added to that used for catching the fish, and since the penalties for not delivering enough or being late are severe, the Chief responsible for the tax strongly opposes anyone leaving the town. An example of this arose during my stay and threatened to delay my journey. Short-handed, I was at Ikoko looking to hire six or seven young men from the town as woodcutters to travel on the steamer. I intended to employ them for two or three months and offered good pay, much more than they could earn locally. More men volunteered than I needed, and I picked six. Hearing about this, the State Chief of the village immediately came to protest against any of his people leaving town. He said he would have all the young men I hired tied up and sent to the Government official at Bikoro. At the time, there were three soldiers armed with Albini rifles stationed at Ikoko, and the Chief called for them to arrest my potential crew. The Chief’s reasoning was completely logical. He said, “I am responsible weekly for 600 fish rations that must be delivered at Bikoro. If that fails, I am held accountable and will be punished. I’ve been whipped more than once for failing to supply fish, and I won’t take any chances. If these men leave, I’ll be short-handed, so they must stay to help with getting the weekly tax.” I had to agree with his point, and we eventually came to a compromise. I promised the Chief that along with paying wages to the men I took, I would leave an amount equivalent to the value of their labor at Ikoko, so he could hire extra hands to meet the full fish requirement. I recognized that he had previously resorted to flogging men from villages that failed to deliver their weekly supplies, but he told me he had stopped that practice for several months. He explained that now he puts defaulters in prison instead. If a village that is supposed to supply, say, 200 fish rations per week delivers only 180, he takes no excuses and arrests two men. If there are thirty rations missing, he detains three men, and so forth—a man for every ten rations short. These individuals would remain in prison and would have to work at Bikoro, or they might be sent to Coquilhatville, the administrative headquarters of the Equator district, until the full amount was delivered.
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.
I later discovered that in the area of Coquilhatville, it's common for people to be arrested and imprisoned without much reason for not finishing the local story about fraud. The men who are arrested are often held in a "chain gang" with other prisoners and forced to do typical hard labor. They aren’t taken to trial or sentenced to a specific amount of time in jail; instead, they are just held until some sort of compensation is achieved, and while they’re detained, they are made to work hard.
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.
Honestly, I couldn't find any law stating that failing to pay the weekly tax is punishable by imprisonment, nor was I shown any legal justification for this immediate detention. If such a law exists, it seems it wouldn't classify a missed tax payment as a serious crime. The individuals being taken often aren't the ones truly at fault; the authorities can't distinguish between them. They have to ensure each village meets its obligations, and usually, the first men from the community to be caught end up paying for the overall negligence and possibly the specific mistakes of others. Sometimes, those taken in this way don't return home. They might be sent to far-off government stations as laborers or conscripted into the military. I received names of many men taken from the Mantumba district, and in some cases, their families heard about their deaths in remote parts of the country. This practice seemed more widespread in the past, but I have seen evidence that it still occurs extensively today in various areas. The officials carrying out these arrests appear to have no other options, except to resort to military punishments or corporal punishment for individuals. Meanwhile, the locals claim that since the taxes are unfairly distributed and their numbers are continuously decreasing, the pressure on them each week often becomes too much to bear, leading some to try to avoid this ongoing burden. If avoidance becomes widespread rather than just affecting a few, punitive actions are taken against the whole community. When these don’t result in fighting, loss of life, or destruction of property, they lead to significant fines imposed on the noncompliant village. About five months before I arrived in Lake Mantumba, a minor operation took place. The village in question was R*, the same one that fled when I tried to visit. They supposedly fell about three weeks behind on the fish they had to supply to the camp at Irebu. An armed unit took control of the village, led by an officer, and captured ten men along with eight canoes. These canoes and the prisoners were transported by water to Irebu, while the main force marched back overland.
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.
My source, who lived in a village near R*, where I was visiting at the time, said he saw the prisoners being taken back to Irebu under the guard of six Black soldiers. They were tied up with local rope so tightly that they were crying out in pain. The group stopped for the night in his town. These people were held in Irebu for ten days until the people of R* brought in a supply of fish and paid a fine. When they were freed, two of the men died—one near Irebu and the other in sight of the village I was in. My source also mentioned that two more died soon after returning to R*. A man who witnessed it said the prisoners were sick and had marks on their wrists and legs from the ropes used to tie them. Of the canoes that were captured, only the old ones were returned to R*, while the better ones were kept for confiscation.
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.
The local person sharing this story mentioned that he thought it was foolish for the white men to take both the fishermen and the canoes away from a small place like R* as punishment for the lack of fish. “The men were needed to catch fish, and so were the canoes,” he said, “and taking both away only made it harder for the people of R* to do their job.” I went to R* hoping to confirm the truth of this and other claims about the recent hardships faced by its people due to their disobedience, but because of their nervousness—whatever the reason—I couldn't make contact with any of them. It's clear that there is very strict surveillance of the people in the area and their activities. In the past, many had fled in large groups to French territory, but a lot were forcibly stopped from doing so, and several were shot during 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:
To today, the Congolese authorities discourage this kind of interaction, not with the same harsh measures as before, but likely just as effectively. In a letter dated July 2, 1902, the current Commandant of the Irebu camp wrote the following to Rev. E. V. Sjoblom, a Swedish missionary (now deceased), 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.”
“Please, I would be grateful if you could prevent your young people from crossing to the French side and selling to the French natives who have fled from our side, the food and goods produced by our natives, who themselves did not flee and have not escaped from the work we imposed on them.”
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.
From Lake Mantumba, I moved on to the area near Coquilhatville, where I spent five days mainly with local communities that stretch along the east bank of the Congo. These villages used to extend for 15 miles and had a large population. Today, they are broken up into small, isolated settlements, each with much smaller populations, and in most cases, the houses are poorly built. There were no goats or sheep to be seen, while they used to be quite common, and getting food for the crew was a struggle. In the village of V*, which I visited twice, the usual food and firewood tax for the steamers had to be sent to Coquilhatville, which is only about 6 miles away. A government soldier was stationed here, and along with one of the town's chiefs, he spoke at length about the people's situation. The soldier came from the Upper Bussira River, hundreds of miles away. He mentioned this was his third term of service with the Force Publique. He said he stayed in service for so long because his own village was dealing with significant issues related to the rubber tax, so he couldn't live at home and preferred, he joked, "to be with the hunters rather than with the hunted." Both Chief V* and this soldier described the food taxes levied on this village as hard for the people to collect and inadequately compensated. There seems to be a contradiction in how this is described. The contributions that locals are required to provide are constantly referred to as a "tax," while also being said to be "paid for" or "compensated." It's clear that taxes aren't something you buy or sell, but the inconsistency is merely a matter of terminology. The weekly or biweekly contributions demanded from the native communities I visited are collected as taxes, or “prestations annuelles,” under authority from a Royal Decree of the Sovereign of the Congo State. The decrees that established these taxes date back to October 6, 1891 (Article 4), December 5, 1892, and for the Manyeuma district, November 28, 1893. There's another decree from April 30, 1897, requiring native chiefs to create and maintain coffee and cocoa plantations. However, I didn’t see or hear of any such plantations being maintained by the locals themselves. While there are plantations for both, they belong either to the government or to some European agency operating with its approval and partly for its benefit, on what’s classified as public land. Regarding the first two decrees that set up the tax system, there was a provision for recognizing a native chief who would be given a copy of the procès-verbal, recorded in the public archives, along with a medal or some other symbol of office. This recognition also required creating a list showing the village's name, its location, the names of the headmen, the number of houses, and the actual population count—men, women, and children. The decree specifies how to assess the “prestations annuelles” imposed on each village. A list of products that each village had to provide—such as maize, sorghum, palm oil, groundnuts, etc., as well as work crews or soldiers—was to be compiled by the district commissioner. This list was also supposed to detail the lands that were to be cleared and cultivated under the chiefs' supervision, the type of cultivation being undertaken, and “all other public works that might be required in the interest of public health, land exploitation, or improvement.” These lists had to be submitted for approval to the Governor-General. I found that, aside from the strict enforcement of the contributions, this law wasn't generally or strictly followed. In many villages where I asked, no copy of any procès-verbal was available, and in several instances, it appeared that no official recognition of the local chief had ever occurred. The plantations outlined in the decree that provided for them don’t exist in any area I traveled through. The enumeration of houses and people had been done in some cases, as I was told, but that was many years ago, and with the population having greatly declined since then, this enumeration couldn’t reliably serve as a basis for calculating the current contributions.
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 , 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—
At the village of A*, which I visited twice during my stay in the area, A shared details about his public responsibilities. His share of A* used to be large, and at the time of a previous census, it had many residents. Now, it has only six adult householders, including himself, living in a total of eleven huts along with their wives and children—a total population of twenty-seven people. I first noticed him and his village when I came across a young boy—about 7 years old, I would guess—who 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 francs). A, he explained, had to pay a fine imposed by the Commissaire-Général for a shortage in some week’s supplies and, being 1,000 rods short of the required amount, had pawned his nephew C to him for that amount. This transaction happened on the , and my meeting with B and the boy took place on the [blank space in text]. The next day I walked to A*, which is just a few miles from Coquilhatville, and saw A, his village, and its residents. At that time, there were exactly eight men in the village, including him; however, since two have since been detained as prisoners at Coquilhatville for deficiencies in the weekly supplies, when I last saw A* in September, there were only six adult males there. The weekly tax imposed on A’s portion 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.
Kwanga 150 rations (approximately 700 lbs. of food).
Fish 95 servings.
Palm thatch 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.
Also each week, one large fresh fish or, instead, two chickens for the European table at Coquilhatville. Additionally, the men had to assist 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:—
The payments made each week for these supplies (once they were fully 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
Fr. c.
Kwanga, 150 rods 7 50
Fish, 95 rods 4 75
Palm mats, 180 rods 9 0
2 canoe loads of firewood, 1 rod 0 5
Understood. Please provide the text you would like modernized.
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:—
Payments for firewood were made using a paper receipt to be redeemed every year, 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 over the year. To get these supplies, A often had to buy both fish and palm mats. Typically, the fish cost between 10 to 20 rods per ration, and thatching mats went for 1 rod each; meanwhile, kwanga, which the Government paid 1 rod for, sold for 5 rods each in the open market. The value of A’s weekly contribution was, based on 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
————————————————————+————-+————————-
I'm ready for your text.
Rods. Value.
+————-+—————
| | Fr. C.
150 servings of kwanga, each 5 rods | 750 | 37.50
95 servings of fish, each 10 rods | 950 | 47 50
900 palm mats, each 1 rod | 900 | 45 0
2 canoe loads of firewood, each 20 rods | 40 | 2 0
+————-+—————
Total | | 132 0
(Empty prompt, no text provided.)
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 80l. 3s. 4d. per annum by local prices, while he received in settlement 9l. 15s. 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 70l. 8s. 4d. per annum net.
Therefore, not counting the fresh fish or poultry, A’s small town of eight households lost 110 fr. 70 c. every week. By the end of the year, while they had contributed 6,864 fr. worth of food and materials to the local government station, they had only received 1,107 fr. 60 c. in return. A personally had a greater tax burden than anyone else, and I found that the value of his personal contribution amounted to 80l. 3s. 4d. per year based on local prices, while he received only 9l. 15s. in government payments. Thus, he contributed an amount equivalent to 70l. 8s. 4d. per year net for his household, which included two wives, his mother, and dependents living in three grass and cane huts.
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.
I discovered through my inquiries that these figures were confirmed as accurate by those familiar with the local situation. A mentioned that his older brother, D, was actually the Chief of the township, but about eight months ago, D was arrested for a shortage in fish and kwanga supplies. The Commissaire imposed a fine of 5,000 rods (250 fr.) on the town, which A, with help from a nearby Chief named C, paid. D was not immediately released afterward and soon escaped from prison in Coquilhatville, going into hiding in the forest. Soldiers from the Government station came and tied up eight women in the town. A and all the men fled when they arrived, but he returned the following morning. The Commissaire-Général visited A* and told him that since D had escaped, he was now the recognized Chief of the town. He was then instructed to find his missing brother, whose location he didn’t know, and the nearby town named E, suspected of sheltering him, was fined 5,000 rods. Since that time, even though D had returned to live with A*, A had been kept in the role of responsible Chief of the town against his will. He was a young man of about 23 or 24 years old, as I understand it. He stated that he had repeatedly begged to be relieved of the honor that had been forced upon him, but to no avail. His brother, D, had recently been imprisoned again in Coquilhatville concerning the loss of two cap-guns that were given to him when he was Chief to secure game for the local white men’s table. A claimed that the current demands placed on A* were far more than he could handle. He had persistently appealed to the Commissaire-Général and other officials in Coquilhatville, including the law officer, asking them to visit his town and see for themselves — as I could see — that he was telling the truth. But, so far, no one would listen to him, and he had always been pushed aside. On his last appeal, just three days before I met him, he was threatened with immediate imprisonment if he failed to meet the supplies. He said he now saw no option other than flight or imprisonment. He couldn’t just run away and leave his mother and dependents; besides, he would surely be found, and in any case, any town that offered him shelter would be fined just like 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.
On a certain Sunday, when he had gone in with the usual weekly supplies that can be returned on Sundays, he realized he was short eight rations of fish, ten rations of kwanga, and 330 palm mats, which added up to a value of 84 rods (4 fr. 20 c.), based on Government payment rates. On the same day, the larger part of A* town also lacked its required supplies, leading to a fine of 5,000 brass rods (250 fr.) being imposed on the whole village. A’s share of this fine was agreed upon by the locals to be 2,000 rods, with 1,000 rods designated as his own contribution. Having no money and no way to earn it, he had pledged his little nephew, D’s son, whom I had seen with B, with the father's consent. After inquiring further, A’s story was well corroborated. He was known as an upstanding individual, and everything indicated that his account was accurate. Upon my return down the river, I encountered A again, who came to see me after dark, hoping I might be able to help him. He mentioned that since I had left a month earlier, two boys from his town had been held as prisoners in Coquilhatville while delivering rations over two consecutive weeks due to a shortfall of 18 rods in value (90 cents.) each time, and these two boys—whose names he provided—were still in custody. He claimed he had gone that very day to plead for their release but was unsuccessful, and now there were only five adult men left 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.
While in Coquilhatville on this mission, he said he had seen eleven men brought in from nearby villages, who were imprisoned in front of him—all because of a shortfall in the officially mandated supplies their districts were required to provide. I offered to take him with me to present his case to the legal authorities elsewhere, but he declined to leave his mother. A’s claims turned out to be more credible than they initially appeared, as was shown a few days later when I compared his situation with that of another village I visited. This village was called W*, located about three miles inland in a swampy forest near the mouth of the X* River. After leaving Coquilhatville, I traveled to the river's mouth, which flows into the Congo about forty-five miles upstream from that station, and I spent two days in the area. I found out that the people living nearby had recently faced heavy fines for not delivering their food supplies, which are due weekly at that station, and that these fines had hit W* particularly hard, so 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.
It was on August 21st that I visited W*, where I found that what I was told was confirmed by what I observed myself. The town was made up of a long single street of native huts located in the middle of a clearing in the forest. As I walked from one end to the other, I estimated the total number of people to be about 600.
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.
At the upper end of the town, a group of men and women gathered, and some stepped forward to make a lengthy statement outlining the following points. From this upper area of the town, 100 rations of kwanga needed to be supplied weekly, along with thirty chickens at longer intervals. The chickens were for Coquilhatville, while the kwanga was mainly for the wood-cutters at the nearest Government wood-cutting station along the main river. The standard prices for these items were 1 rod each for the kwanga and 20 rods for the chickens. Additionally, each week the locals had to deliver 10 fathoms of firewood to the local wood-post, often without any payment, and the women were required to work twice a week at the Government coffee plantation that surrounds 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.)—110l. 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.
I saw some bundles of firewood being prepared for transport to this place. They were large and very heavy, weighing around 70 to 80 pounds each. A few months earlier, at the beginning of the year, because they hadn’t sent the chickens to Coquilhatville, an armed group of about thirty soldiers, led by a European officer, came and took over their town. At first, the locals fled into the forest but were convinced to return. Upon coming back, many of them—the village leaders—were immediately tied to trees. The officer told them that since they had failed in their duty, they needed to be punished. He first required that twenty-five men be provided as labor for the government. These men were taken away to work for the government, and the locals I spoke to didn’t know where they were now. They mentioned eighteen names of the men taken and said the other seven came from the lower part of town where I had entered; their families could provide details if I wanted. The twenty-five men hadn’t been seen since in W*, nor did anyone there know where they were. The officer then imposed an additional punishment of a fine of 55,000 brass rods (2,750 francs)—110l. They were forced to pay this amount, and since they had no other way to gather such a large sum, many of them had to sell their children and wives. I saw no livestock in W* except for a very few chickens—possibly fewer than a dozen—and it really seemed, as these people claimed, that they struggled to get their supplies ready. A father and mother stepped forward and said they had to sell their son, a little boy named F, for 1,000 rods to cover their portion of the fine. A widow came and said she had to sell her daughter G, a little girl who I guessed from her description was about 10 years old, to meet her part of the fine. She was sold to a man in Y*, whose name was given, for 1,000 rods, which went toward paying 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.
A man named H said that while the town was occupied by soldiers, a woman from his household, named I, had been shot dead by one of the soldiers. Her husband, a man named K, stepped forward and confirmed this. They both stated that the woman had left her husband's house to answer a call of nature, and that one of the soldiers, thinking she was trying to escape, shot her in the head. The soldier was arrested by an officer, and they reported seeing him taken away as a prisoner when the troops pulled out of their town, but they didn’t know anything else. They had no idea if he had been tried or punished. None of them had ever been called to testify, no questions were asked, and neither 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 by a native sergeant who was with the soldiers. He had admired her, so he brought her back with him to Coquilhatville. Her husband heard she died there of smallpox, but he didn’t know anything for sure about her situation after she was taken from W*. A man named N said he sold his wife O to a man in Y* for 900 rods to pay 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.
I couldn't verify these claims or do much aside from carefully noting down the different statements made. However, when I returned to Y*, I found that the claims about the little boy F and the girl G were true. Both children were nearby, and thanks to my intervention, F was returned to his parents. I was informed that G had changed hands again and was set to be sold to a town on the north bank of the Congo called Iberi, where the locals are said to still practice cannibalism. The local missionary managed to prevent that transfer, and I paid 1,000 rods to her original buyer, leaving G to be returned to her mother through the Mission. I saw her there on September 9th after she had been recovered thanks to the missionary's efforts, just as she was 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 1/2d. 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.
Regarding the amount of food supplies taken from W*, I didn’t get the total quantity needed from the whole community, just what the upper part of the town provided. My visit was on the day when the kwanga, scheduled for delivery to the local wood-post the next day, was being prepared. I saw many people getting their portions ready. Each portion of kwanga, for which the Government pays 1 rod, included five rolls of this food tied together. I tried to buy one of these bundles of five rolls, offering the man carrying it 10 rods—ten times what he was about to receive from the local Government post. He declined, saying that while he would like the 10 rods, he couldn’t afford to be short a bundle of his rations. One of these bundles was weighed and found to be over 15 lb. This bundle might have been unusually large, but I saw several others that looked about the same size. I believe it’s reasonable to estimate that the average portion of kwanga required from this town was at least 12 lb. of cooked and carefully prepared food—a generous offering for 1/2d. By my calculations, the part of W* I visited sends in 1,200 lb. of food each week for about 5 fr. Cooked bread supplied at 9 or 10 fr. per ton is incredibly cheap. At the same time, while this kwanga was being prepared for Government use, I also saw others being made for general public consumption. I bought some of these, which were going to the local market, at their current market price of 1 rod each. When I weighed them, I found they averaged about 1 lb. each. The weight of food needed by the Government from this town seems to be over twelve times what was made 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.
While I was in Y*, a new fine of 20,000 rods (1,000 fr.) was being collected from various households along the riverbank. This fine had recently been imposed by direction of —— due to the Y* towns failing to supply food from the area. I saw piles of brass rods being gathered at several houses to cover this, and in front of one of these homes, I counted 2,700 rods that had been collected by the various members of that family; I was told that W* was responsible for paying 6,000 rods of this fine, which it hadn't recovered from a previous, much larger contribution. The men from W* pleaded with me to intervene if I could help them avoid this additional burden. One of them—a strong, really impressive-looking man—broke down and cried, saying that their lives felt pointless to them and that they saw no way out of the troubles closing in on them. I could only tell these people that their best chance for relief was to appeal to their own local authorities, and that if those responsible for these fines understood their situation, I hoped and believed they would find some relief.
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.
These fines should be remembered as being imposed illegally: they are not "court fines"; they aren’t issued after any judicial hearing or based on any proven legal offense, but are imposed arbitrarily based on the whims or grudges of the district's executive officers. Their collection, just like their imposition, involves ongoing violations of Congolese laws. Additionally, they do not appear in the public revenue accounts in the Congo's "Budgets"; they aren't deposited into the country's public funds but are instead used for the needs of the station or military camp of the officer who imposes them, according to this official’s discretion.
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.
I can’t find out what legal basis, if any, the punishments given to local communities or individuals for not complying with the different types of “prestations” are based on.
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*.
These punishments are nearly universal and come in many forms, from large-scale punitive operations to simpler methods like fines and imprisonment, such as the one recently imposed 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.
I can't find in the Penal Code of the Congo Statute Book that failing to meet any form of prestation or impôt is defined as a crime anywhere; and as far as I can tell, there's no legal sanction that could be cited for any of the punishments that are often imposed on 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.
By a Royal Decree dated August 11, 1886, provisions were established for the punishments to be imposed for violations of the law that are not subject to specific 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.
Since it doesn't appear that any specific legal penalties have been established for failing or refusing to meet the demands of the tax collector, it seems that the necessary legal consequences would solely depend on the terms of this Decree.
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.
But this Decree allows for all other unspecified offenses with different punishments and different ways of enforcing them than those I noticed during my short journey.
Article 1 of this Decree provides that:—
Article 1 of this Decree states 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.”
“Violations of decrees, orders, regulations, and internal administration and police rules, for which the law does not specify particular penalties, will be punished with one to seven days of penal servitude and a fine not exceeding 200 fr., or one of these penalties only.”
Article 2 requires that:—
Article 2 states that:—
“Ces peines seront appliquées par les Tribunaux de l’État conformément aux lois en vigueur.”
“Those penalties will be enforced by the State Courts in accordance with current laws.”
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.
It would be clearly impossible to say that either in form or method this law had been applied to the inability of the community at W* to meet the demands placed on 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.
Neither the quick arrests and removal from their homes of the men whose names were provided to me nor the imposition of the extremely heavy fine of brass rods is justified by this section 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.
If there’s a legal warrant for the authorities’ actions in this case—as in many other cases I’ve seen—it would still attract a lot of negative attention.
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.
The fine imposed on W* was not only completely excessive compared to the seriousness of the offense but was also so overwhelming that it made it impossible for them to be acquitted through any reasonable or legitimate means available to the community.
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.
Among the earliest laws of civilized societies, it's been recognized that no fines, fees, or taxes should exceed what the person who has to pay them can afford.
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.
In the “coordinated text of various instructions regarding the relationships between State Agents and the indigenous people,” found in the “Official Bulletin” of 1896 (p. 255), these regulations are published in detail and appear, textually, to allow for little 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.
If their application were enforced, it’s clear that a situation like the one I encountered at W* could not happen, and a lot of the general unhappiness and distress of the locals that I observed everywhere would vanish along with the fines and many of the "prestations" within the first month of putting these Regulations into action.
One paragraph only need here be cited to emphasize the bearing and import of these remarks:—
One paragraph needs to be cited here to highlight the importance and meaning of these comments:—
“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.
“Agents must remember that the disciplinary measures outlined in the military discipline regulations apply only to military recruits, exclusively for offenses against discipline, and under the specific conditions laid out in those regulations."
“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.
“Under no circumstances do these apply to non-military state servants or to indigenous people, whether they are in rebellion against the state or not."
“Ceux d’entre eux qui sont prévenus de délits ou crimes doivent être déférés aux Tribunaux compétents et jugés conformément aux lois.”
“Those among them who are accused of offenses or crimes must be brought before the competent courts and judged according to the law.”
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 150,000l. 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.
At neither W* nor Y* is any rubber processed. When I arrived at the Lulongo River, I was entering one of the most productive rubber regions of the Congo State, where the industry is reportedly thriving. The Lulongo is formed by two major tributaries—the Lopori and Maringa Rivers—which, after flowing about 350 miles through a rich, forested area populated by a tribe called the Mongos, converge at Bassankusu, around 120 miles upstream from where the Lulongo joins the Congo. The basins of these two rivers make up the Concession known as the A.B.I.R., which has several stations and a team of fifty-eight Europeans working in the rubber industry, based at Bassankusu. The A.B.I.R. Company operates two steamers that navigate the waters of the Concession, transporting European goods and bringing rubber down to Bassankusu, where it is transferred onto a Government steamer that travels between Coquilhatville and Bassankusu, covering a distance of about 160 miles. Once goods and agents of the A.B.I.R. Company leave the Concession, their transport is handled exclusively by the Congo Government's steamers, with the freight and passage fees contributing to public revenue. I don't have exact figures for the annual rubber output from the A.B.I.R. Concession, but it is certainly substantial and could reach between 600 and 800 tons in a good year. The quality of A.B.I.R. rubber is excellent, often fetching a high price in the European market, so the annual yield could be valued at no less than 150,000 l. The merchandise used by the Company includes typical Central African trade goods—cotton fabrics of various qualities, Sheffield cutlery, machetes, beads, and salt. The latter is in high demand among the natives throughout the interior of Africa. I believe the A.B.I.R. Company also imports a significant number of cap-guns, mainly for arming the sentinels—called “forest guards”—who are stationed in large numbers at native villages throughout the Concession to ensure that the selected men from each village deliver the required amount of pure rubber every two weeks. I have no way to determine how many armed guards are employed by the A.B.I.R. Company, but I saw many of them while traveling up the Lopori River, and one of the sentries—an Ngombe man—had “Depôt 2210” branded on the stock of his gun. In addition to numerous forest guards armed with cap-guns, which can be a very effective weapon in close quarters, the A.B.I.R. Company maintains a fairly strong arsenal of rifles, limited to twenty-five rifles for each factory. I believe the two steamers also have 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.
The Bongandanga Sector, which was the only district of the A.B.I.R. Concession I visited, has three “factories,” allowing for a total of seventy-five rifles in that district. I'm not sure if there are any limits or what limits are imposed on the number of cartridges allowed for the defense of these factories. One of the largest Congo Concession Companies had, while I was in the Upper River area, requested more ball cartridges from its Directors in Europe. The Directors responded by asking what happened to the 72,000 cartridges that were shipped about three years ago. In reply, they were informed that all those cartridges had been used in rubber production. I didn’t see this correspondence, so I can’t confirm its accuracy; however, the officer who told me about it was one of the most respected individuals in the region.
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.
When I was at Stanley Pool in June, I saw in one of the government stores in Léopoldville several cases of rifles marked A. B. I. R. waiting for transport up the river in one of the government boats. When I returned to that area, a local official informed me that 200 rifles had been shipped in July 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.
The right of the different Concession Companies operating in the Congo State to hire armed personnel—regardless of whether they carry rifles or cap guns—is governed by government regulations that grant these commercial societies what are officially called “police rights.” A circular from the Governor-General, dated October 20, 1900, outlines the limits within which this right can be exercised. Before this circular was issued (a copy of which is attached—Inclosure 5), it seems that the various Concession Companies had been involved in military activities on a fairly large scale, even waging war against the locals independently. The regulations provided by this circular, intended to ensure that all weapons, rifles, and cap guns are licensed, do not appear to be strictly followed. During my journey up the Lulongo, I encountered several sentries or forest guards who lacked the required license (Modèle C) mentioned in the circular; in two instances, I found them equipped with precision weapons. No one I spoke to on the Upper Congo denied that the extensive use of armed personnel paid by the so-called Trading Societies or in the government’s service to enforce compliance with rubber demands had been very widespread until recently.
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:—
In a chat with an experienced gentleman about this issue, we began discussing the situation of the locals. He pulled out an old diary, and in it, I found and copied this 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.
M. P. came to us to escape the rain and, while talking with M. Q. in front of me and R., said: ‘The only way to get rubber is to fight for it. The locals supposedly get paid 35 centimes per kilogram, but that includes a big profit on the cloth; the amount of rubber is determined by the number of guns, not by the number of bales of cloth. The S. A. B. on the Bussira, with 150 guns, only gets 10 tons of rubber a month; we, the State, at Momboyo, with 130 guns, get 13 tons a month.’ ‘So you keep track by guns?’ I asked him. ‘Everywhere,’ M. P. said, ‘Each time the corporal goes out to collect rubber, he gets cartridges. He has to bring back all that he doesn’t use; and for every one he does use, he has to bring back a right hand.’ M. P. told me that sometimes they shot a cartridge at an animal while hunting; they then cut off a hand from a living person. As for how widespread this practice is, he informed me that in six months, they, the State, on the Momboyo River, had used 6,000 cartridges, which means 6,000 people are killed or maimed. It likely means more than 6,000, because people have told me repeatedly that the soldiers kill children with the butts 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.
In a conversation about this entry, I was told that the mentioned M.P. was a government officer who, at the time, had come down from the Momboyo River (a tributary of the great Ruki River, which I believe is part of the “Domaine de la Couronne”) due to illness, on his way home. He was in very poor health. He said he was going home and wouldn’t return to the Congo, but he passed away just a bit farther down the river shortly after.
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 same gentleman mentioned that he had verbally reported this conversation at Boma, highlighting the methods of extortion that were in place at the time. It’s likely that the release of the mentioned circular was related to these comments.
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:—
The area drained by the Lulongo is very fertile and has supported a large population in the past. Before organized rule was established in the interior of Africa, this river provided a constant supply to the slave markets of the Upper Congo. The towns near the lower Lulongo River would raid the interior tribes, whose large numbers supplied not only laborers but also human meat for those more powerful than them. Cannibalism went hand in hand with slave raiding, and it was not uncommon to see groups of people being taken for sale in the local markets. I have witnessed such scenes more than once while traveling on the Lulongo River. On one occasion, a woman was killed in the village I was passing through, and her head and other parts were brought and offered for sale to some crew members of the steamer I was on. Such sights are now impossible in any part of the country I traveled through, and the full credit for their elimination goes to the authorities of the Congo Government. It is perhaps regrettable that in its efforts to stop such barbaric practices, the Congo Government often had to rely on very brutal methods to combat savagery. The troops used for punitive actions were—and often still are—savages themselves, differing only in appearance from those they were sent to punish. Additionally, the ways of recruiting for public service were often not much better than the abuses that service aimed to stop. The following order for government workers, drawn up by a former Commissioner of the Equator District, concerning the Maringa tributary of the Lulongo River, indicates that the Congo Government did not hesitate, some years ago, to buy slaves (needed as soldiers or laborers), who could only be obtained through 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.
“Chef Ngulu of Wangata is sent to Maringa to buy slaves for me. I kindly ask the agents of A.B.I.R. to please report any wrongdoings he might commit on the way.”
“Le Capitaine-Commandant,
(Signé) “Sarrazzyn.”
“Captain-Commandant,
(Signed) “Sarrazzyn.”
“Colquilhatville, le 1er Mai, 1896.”
“Colquilhatville, May 1, 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.”
This document was presented to me while I was traveling. The officer who issued this directive was, I was told, the chief executive authority of the district for a significant amount of time; and I often heard the locals talk about him, referring to him by the nickname he had earned in the area, “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.
The Lulongo River below Bassakanusu, up to where it meets the Congo, is located outside the A.B.I.R. Concession area, and as far as I know, it's viewed as a free-trade zone where no exclusive rights to local resources are established. The only trading house in this area is called La Lulanga, which has three depots, or factories, along the river bank, with the main one being at Mampoko. This company owns a small steamer to collect its native produce, but like the Concession Societies, the general transport of its goods is done by government boats. From what I understand, La Lulanga doesn't have police rights as set out in the Governor-General’s Circular from October 20, 1900, yet it employs a significant number of armed men referred to as “forest guards.” These guards are stationed throughout the lower Lulongo River area, and I found that, similar to A.B.I.R., their only role is to forcefully collect rubber or the supplies needed by each factory. The area where La Lulanga operates has already been heavily exploited by two large Concession Companies, which only left when, as one of their agents told me, it was nearly depleted. As a result, the supply of rubber vines there is dwindling, making it very difficult for the locals to gather enough to meet their local masters' demands. In my interactions with the locals, I discovered that some of the sentries from this company had recently committed serious offenses, which seemed to have gone unnoticed—definitely unpunished—until I arrived. The locals from certain nearby townships formally accused several of them of murder and mutilation, seeking my help. They mentioned that they hadn't filed complaints elsewhere because they felt it would be pointless. They said as long as the rubber tax was enforced in its current compulsory way, backed by the authorities, it was useless to highlight actions that were merely part of its collection. The La Lulanga Company, like A.B.I.R., doesn't seem to have a legal right to levy taxes, but the truth is that the Congo Government requires no payment from the locals who provide these two trading companies with all their exports and local food supplies. Therefore, these people must either be legally exempt from supporting their government, or a portion of what they contribute to the A.B.I.R. and La Lulanga Companies should be claimed by the government instead of the taxes it is entitled to impose in these areas.
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.
In the case of the A.B.I.R. Society, it's said that a portion of the profits goes into the public revenues of the Congo Government (which holds certain shares in the operation), and these are listed annually in the Budget as “produit de porte-feuille.” While explaining this to me, an agent of one of the Upper Congo trading companies mentioned that the term should more accurately be “produit de porte-fusil,” and based on the large number of armed men I saw on the job, the correction seemed quite fitting.
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.”
The Concession Companies, I believe, justify the armed personnel they have on the ground by saying that their factories and agents need protection from the potential violence of the rough forest dwellers they interact with; however, this valid need to protect European establishments does not explain why there are many armed men stationed far from those establishments in local villages, where their influence is hardly protective. The explanation I received for this situation was that the “impositions” placed on the locals were legally regulated and based on the public labor the Government had the right to demand from the people, so the collection of these “impositions” had to be strictly enforced. When I pointed out that the profits from this system were not going to the Government, but to a commercial Company, and appeared in both the Company’s financial reports and the official Government statistics as a result of trade with the locals, I was told that the “impositions” were essentially trade, “because, as you can see, we pay the locals for the products they bring in.” “But,” I remarked, “you just told me that these products didn’t belong to the locals but to you, the Concessionnaire, who own the land; how can you buy from them what is already yours?” “We don’t buy the rubber. What we pay the locals is compensation for their labor in collecting our produce from our land and delivering 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.
Since the profits of the Company were attributed solely to the work of the locals, I asked if they were protected by a contract with their employer. I was referred back to the claim that the locals were performing these services as a public duty required by their Government. They were not contracted workers at all, but free individuals living in their own homes, simply fulfilling an “imposition” placed on them by the Government, “of which we are merely the collectors by right of our Concession.” “So your Concession means,” I said, “that you have been granted not only a certain piece of land, but also the people living on that land?” However, that was not accepted either, and I was assured that the people were completely free and owed no obligations to anyone except the Government of the country. But every explanation offered was quickly contradicted by the next. One person said it was a tax, an obligatory burden imposed on the people, which all Governments have the undeniable right to enforce; but this didn’t clarify how, if it was a tax, it was collected by the agents of a trading company and presented as a result of their business dealings with the locals. Even more confusing was how, if it were a tax, it could be fairly imposed every week or every couple of weeks throughout the year, rather than 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.
Another claimed that it was obviously legitimate trade with the locals because they were well-paid and seemed very happy. He couldn’t explain why there were so many armed men around, or why they were tying up men, women, and children, or why every trading post had a local jail, called a “maison des otages,” where disobedient native traders spent long periods locked up.
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.
A third person acknowledged that there was no law on the Congo Statute Book that classified his trading operation as a Government tax station. He pointed out that since the results of his dealings with the locals appeared in his Company’s financial reports as trade, paid customs duties to the Government upon export, and generated dividends for shareholders, and since he earned a 2 percent commission on his turnover, it must be considered trade. However, this individual couldn’t explain how, if these activities were purely commercial, they relied on a privilege denied to others. He claimed that the products of his area could only be worked or bought by him, making it clear that they weren’t merchandise, as merchandise needs to be marketable. The general consensus among those I tried to discuss the issue with was that, in reality, it was forced labor deemed to be in the best interest of the locals, who, without this control, would waste their days in idleness, unproductive for both themselves and the broader community. The collection of local products through the more benevolent practices of the Trading Companies was, in any event, better than the methods the Congo Government would use to enforce this law. Therefore, when I saw women and children taken as hostages and held until rubber or other goods were provided, it was preferable that this was done by the “forest guard” with a cap-gun rather than by the heavily armed soldiers of the Government, who, once in a district, would wreak havoc throughout the entire area.
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.
No better explanation than this outline was given to me about what I saw in the A.B.I.R. and Lulanga districts. It's true that I was presented with various excuses and different interpretations of my observations from several sources, but these were so clearly false that they couldn't be considered genuinely connected to the realities I encountered.
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.
At a village I visited along the Lulonga River, a small group of houses called Z*, the locals complained that there was no rubber left in their area, yet the La Lulanga Company demanded a set amount from them every two weeks that they couldn’t provide. It was said that three forest guards from the company were stationed in this village, and I found one of them on duty while the other two had gone to Mampoko to escort this fortnight's rubber. There were no livestock of any kind available for sale in this town, which just a few years ago had been a large and thriving community filled with people and stocked with sheep, goats, ducks, and chickens. Although I walked through most of it, I could only count ten men with their families. I was told there were others in the part of the town I didn’t visit, but everyone I saw was living in poor, run-down houses and looked visibly distressed. They said that three months earlier (in May, I believe), a government force led by a white man had occupied their town because they hadn’t sent a regular supply of rubber to the Mampoko headquarters of the La Lulanga Company, and two men, whose names were mentioned, 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.
As Z* sits along the main flow of the Lulongo River and is frequently visited by passing boats, I decided to check out a town a bit off the usual path, where my arrival would be a surprise. After navigating a small stream of the Lulongo, I reached the village of A**, without any prior word of my visit. In an open shed, I found two guards from the La Lulanga Company watching over fifteen native women—five of whom were nursing infants, and three who were about to give birth. The lead guard, a man named S—who was carrying a double-barrel shotgun with a belt of cartridges—immediately explained why these women were being held. He said four of them were hostages meant to ensure a peaceful resolution to a dispute between two neighboring towns, which had already resulted in someone's death. He mentioned that his boss, the agent of the La Lulanga Company at a nearby location B**, had ordered these women to be taken and kept until the Chief of the offending town came to discuss the matter. The guard pointed out that this was clearly a much smarter way to resolve such issues than allowing the townspeople to fight it out 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.”
The eleven women he pointed out were caught and held as prisoners to force their husbands to bring in the right amount of rubber they were required to deliver on the next market day. When I asked if collecting rubber was women’s work, he replied, “No, of course, that’s men’s work.” “Then why are you catching the women and not the men?” I inquired. “Don’t you see,” he responded, “if I captured the men, who would work the rubber? But if I catch their wives, the husbands will be eager to bring them home, and then the rubber will come in quickly and meet the requirements.” When I asked what would happen to these women if their husbands failed to deliver the right amount of rubber on the next market day, he immediately stated that they would be kept there until their husbands paid their release. He explained that he made the Chief of A** provide their food, and he personally ensured it was given to them daily. He said the women came from various nearby villages, mostly from Ngombi or the inland region, where he often had to capture women to ensure enough rubber was brought in. He described it as an established practice that worked well and saved a lot of hassle. When his employer came every two weeks to A** to collect the rubber, if it was found to be sufficient, the women were set free to return home with their husbands; if not, they would remain in detention. The sentry's statements were clear and straightforward, as were those of several villagers I spoke to. The sentry further explained that he captured women this way under the direction of his employers, that it was a commonly adopted custom that worked effectively, and that the people were very lazy, making this the simplest way to ensure they did what was expected of them. When I asked if he ever used his shotgun, he replied that it had been given to him by a white man “to scare people and make them bring in rubber,” but he had never used it for anything else. I found that the two sentries at A** completely controlled the town. They quickly ordered the townsmen to bring me everything I needed, whether food or firewood. One of them, with his gun over his shoulder, led a group of men, including the village Chief, down to the waterside, each carrying a bundle of firewood for my steamer. A few chickens that were brought were only obtained through their intermediary, with the native owner handing the fowl to the sentry, who then brought it on board, bargained for it, and took the agreed-upon payment. When the village Chief was invited to talk to me in the evening, he arrived clearly anxious about the sentries seeing or overhearing him. When S, the leader, found him speaking to me, he abruptly interrupted and answered all the Chief's questions. When I asked the Chief if he and his townsmen fished in the C** River, which we learned had plenty of fish, the sentry interrupted again, saying it wasn't those people's business to catch fish—“they don’t have time for that; they have 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.
At sunset, the fifteen women in the shed were tied together, either neck to neck or ankle to ankle, to keep them secure for the night, and I saw them in that position twice during the evening. They were trying to huddle around a fire. In the morning, the lead guard, before leaving the village, instructed his partner within my earshot to “keep a close watch on the prisoners.” I later found out that this guard, realizing I wasn’t, as he had initially thought, a missionary, had gone or sent word to inform his boss at C** that a strange white man was in 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.
An explanation of what I witnessed at A** was later provided to me by the company's representative, but it directly contradicted what I had observed myself. Therefore, it couldn’t be accepted as either clarifying the detention of the women I saw tied neck to neck, or as disproving the statements made by the sentry when he didn't think his admissions would affect 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.
From A** I went to Bongandanga, a station of the A.B.I.R. Company, located about 120 or 130 miles up the Lopori, a tributary of the Lulongo, and only took very short breaks along the way. I arrived at Bongandanga on August 29th when what was locally called the rubber market was in full swing. On these market days, held every two weeks, the locals from the surrounding areas are brought in under the watch of armed guards, each person carrying their two-week supply of rubber to deliver to the Company's agent. During my time at Bongandanga, I often met the two agents of this Society, who treated me with great 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.”
The A.B.I.R. station was well-built and well-maintained, showing the tireless effort of those in charge. There were two good houses for the European staff and several large, sturdy bamboo storage buildings for collecting and drying rubber. All the houses were made from local materials; in fact, aside from a small supply of trade goods in one of the storage buildings and the European food needed for the white men, everything I saw was sourced from the surrounding area, supplied in one way or another by the local inhabitants. This is true for nearly every European establishment in the country's interior, with only variations in how they seek and compensate local assistance. Natives provided all kinds of building materials, from heavy timber to roofing mats and native string for tying them down, but their contributions seem to be inconsistently rewarded. At Bongandanga, I saw thirty-three large tree trunks, each weighing at least half a ton, some closer to a ton, which I was told had been felled and carried in by the locals for use in constructing a new house. He explained that since the locals came from different areas every two weeks and only had to carry small baskets of rubber then, this extra burden was placed on them, but it was one reserved for those who were reluctant rubber harvesters. It was, in fact, one of the penalties for underperforming "collectors."
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.
At Bongandanga, the men from the district named E**, about 20 miles away, were brought in with rubber from that area. They marched in a long line, guarded by sentries from the A.B.I.R. Company. When I visited the factory grounds to see how the “market” was going, the local agent informed me that there were 242 men present. Each man was required to bring in 3 kilograms of net rubber, so the amount brought in that day should have totaled about three-quarters of a ton of pure rubber. After each man’s rubber was weighed and confirmed, it was taken to a large storage area to be cut up and then placed on drying shelves in other stores. Since there is a significant weight loss during the drying process to achieve 3 kg net, a lot more crude rubber than that amount needs to be brought in. Everywhere I looked, there were sentries from A.B.I.R. controlling the locals, many of whom were carrying knives and spears. The sentries were often armed with rifles, some with several cartridges ready for immediate use; others had cap guns with a type of paper cartridge made locally for this muzzle-loader. The local vendors of rubber were grouped and watched over, many of them behind a barricade in front of what I was told was the factory prison, referred to locally as the “maison des otages.” As each man brought his rubber under guard, it was weighed by one of the two A.B.I.R. agents present, who sat on the porch of his house. If the rubber was the right weight, the vendor would be taken with it to the cutting store or one of the drying stores. Inside the cutting store were around 80 to 100 locals who had already been approved, sitting on raised cane platforms, busy cutting the accepted rubber into the required sizes. At the corners of these platforms stood or squatted A.B.I.R. sentries, 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.
In another store where rubber was drying, seven locals walked in while I was checking it out, carrying baskets filled with cut-up rubber, which they immediately started sorting and spreading on high platforms. These seven men were watched over by four guards 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.
I was given different explanations about why the natives were constantly guarded during the “market.” At first, I was told it was a necessary precaution to ensure peace and order in the trading area with so many raw and strong savages around. However, when I pointed out the tight security around the natives in the drying and cutting sheds, I was informed that they were “prisoners.” If the rubber brought by a native vendor was found to be significantly underweight on the weighing scale, that person would be detained to deal with it in the “maison des otages.” One such incident happened while I was there. The offender was ordered to be removed and was dragged away by some guards, who forced him to the ground to stay until the market ended. While being held down, he struggled to get free, and one of the guards hit him in the mouth, causing him to bleed, after which he became passive. I never found out how he atoned for his offense, but during a later visit to the area in front of the prison, I saw fifteen men and boys being guarded while they worked on making mats for the station buildings. I was then told these men were some of the offenders from the previous market day, being kept as forced labor to make up for their rubber shortfall.
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, 2s. 10d., and 1s. 5d. 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 2-3/4d., should be added fully 100 per cent. to cover transport charges, so that their local cost would be about 6d. 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.
Payments made to the rubber collectors, depending on how much they brought in, consisted of knives, machetes, strings of beads, and sometimes a bit of salt. I saw many men who received a wooden-handled knife made of Sheffield steel, which was good and sturdy—others got a machete. The largest of these knives had a 9-inch blade, and the smaller one had a 5-inch blade, costing in Europe, I found out, 2s. 10d. and 1s. 5d. per dozen respectively, minus a 2.5% cash discount. The men who received the larger knife or a machete had brought in a full basket of pure rubber, which might have been worth around 27 francs in Europe. The original cost of one of these knives, about 2-3/4d., should add roughly 100% to cover transport costs, making their local cost around 6d.. Among the locals, these knives were traded for 25 rods (1.25 francs) and 15 rods (75 centimes) each. From two of these rubber workers, I later bought two of these knives, giving twenty-five teaspoons of salt for the larger one and six teaspoons along with an empty bottle for the smaller one. From a third member of their group, who had received a string of thirty-nine blue and white glass beads (locally valued at 5 rods) as payment, I purchased his two weeks’ salary for five teaspoons of salt. This young man admitted that his basket of rubber hadn’t been as full as 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 2l. worth of rubber. In return for this labour, or imposition, they had received goods which cost certainly under 1s., and whose local valuation came to 45 rods (1s. 10d.). As this process repeats itself twenty-six times a-year, it will be seen that they would have yielded 52l. in kind at the end of the year to the local factory, and would have received in return some 24s. or 25s. worth of goods, which had a market value on the spot of 2l. 7s. 8d. 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.
I visited the homes of these men a few miles away to understand their situations. To collect rubber, they had to travel for about two days from their homes, leaving their wives and being away for five to six days. They were escorted to the edge of the forest, and if they didn't return by the sixth day, trouble was likely to follow. Gathering rubber in the forests—which are usually very swampy—involves a lot of hard work and often fruitless searching for a good vine. Additionally, as the supply area shrinks, the demand for rubber keeps increasing. Not long ago, I learned that the Bongandanga district supplied 7 tons of rubber a month, and there were hopes to increase that to 10 tons soon. The amount of rubber brought back by the three men would likely be at least 7 kilograms of pure rubber for all three of them. That’s a conservative estimate, and at an average price of 7 francs per kilogram, they would have sold about 2l. worth of rubber. In exchange for this labor, they received goods that certainly cost less than 1s., which were locally valued at 45 rods (1s. 10d.). Since this process happens twenty-six times a year, by the end of the year, they would have provided 52l. worth of goods to the local factory, while receiving around 24s. or 25s. worth of goods, which had a local market value of 2l. 7s. 8d. Besides these official payments, they sometimes faced harsher consequences if their work, which might have been just as strenuous, yielded less rubber; the local prison would have seen them. People everywhere told me they were unhappy under this system, and it was clear to anyone that they were speaking the 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.
In September, I visited a native village called D**, located a few miles from the A.B.I.R. factory at Bongandanga. I went there to see one of the locals, who, along with his wife and young children, had come to visit me. My trip to his village was purely a friendly visit to this man’s family, as I had heard he was a great person and set a good example for his fellow villagers. On the way, just about 4 or 5 miles from the A.B.I.R. factory, I passed through a part of D** (which is quite an extensive town) where several sentries from the A.B.I.R. Society were stationed. One of them had a 6-chamber revolver loaded with six 4·50 Ely cartridges—likely given for intimidation rather than actual use, similar to the shotgun at A**. Another sentry only had his cap-gun. He mentioned that in this one village, there were six A.B.I.R. sentries, but the other four had just gone into Bongandanga with some prisoners. I was told these were locals from the surrounding areas who had not brought in what was considered enough rubber. A little further on, I encountered two more A.B.I.R. sentries in this town. On my way back from D** via a different route, I found two other sentries apparently acting as judges, resolving a "palaver" among the locals. This was one of the most common ways they used their authority for their own benefit, extorting money and interfering in the personal matters of the natives by demanding payment for their “judicial” rulings.
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.
The next day, my host at D** came to tell me that the guards were causing issues because of my visit the day before, claiming they would report to the agent of the A.B.I.R. that he and others had lied to me about how the company treated them, and that they would all end up in a prison gang and be sent out of the country. That evening, C E mentioned my visit to D**, assuring me that the locals were all liars and rogues. The fact that I had personally gone to see a local community, which was supposedly as free as I was, and that I had spoken directly to some of these locals, seemed to really annoy them.
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.
That my host's fears weren't totally unfounded became clear when I received a letter from Bongandanga. He told me that two of his wives and one of the children I had seen escaped in the middle of the night for safety with the Mission evangelist. The sentries stationed at D** had arrested my friend at midnight, and he had been taken as 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.
As for the situation of the men who were detained in the “maison des otages” due to their issues with rubber, the local agent assured me that they were not mistreated and that “they were given their food.” However, I heard from various sources that flogging with the chicotte—or hippopotamus-hide whip—was a method commonly used to handle resistant natives in that place. I was informed that men were often seen leaving the factory after the rubber markets who had been whipped, and that on two occasions this year, the latest being in March, two natives had been flogged so badly that they had to be 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.
The A.B.I.R. Society effectively controls the movements of the locals both by water and by land. Since almost every village in the Concession is under control, the male residents are listed in records, and depending on their age and strength, they are required to provide rubber or, in villages near the factory, food items like antelope meat or wild pig (which the elders must hunt), as well as the usual kwanga bread, bananas, and poultry. An agent showed me some of these village lists while buying rubber, mentioning that the requirements for the individuals listed are set by the Government and are based on the physical labor each man owes, but which he is exempt from in the Concession to work on rubber and help the ongoing development of the A.B.I.R. Company’s territory. He clarified that it wasn’t the few guns he had at F** that enforced this law, but the power of the Congo State “Force Publique,” which, if a village completely refuses to comply, would be sent to punish the area to ensure adherence to these civilized rights. He noted that since the punishments for such disobedience were extremely harsh, it was better for his lighter measures and other tactics to remain unchallenged. These tactics, he explained, included regular imprisonment of individuals in his local “house of hostages.” A truly defiant man, he said, who persistently failed to deliver his required amount of rubber would ultimately be made to comply through these methods. He assured me that as a result of his stubbornness, he would end up spending all his time either in prison or being escorted back and forth between it and his home village. Typical detention terms were fifteen days, from “market” day to “market” day, which usually sufficed—during which time the prisoners worked around the factory—but longer terms were not uncommon. My informant added that an effective plan to manage stubborn opponents of the rubber industry had recently been proposed, but not implemented. This plan involved relocating to the Upper Lopori or the Upper Maringa, far from their homes and tribes, those men who could not be persuaded through gentler methods. In these remote areas, they would have no chance of escaping and would be kept under constant supervision and made to work. However, this proposal was rejected by the local authorities. In one town I visited, the Chief and about thirty residents provided me with the names of several local men who had been transported in this way to G**, an A.B.I.R. post, approximately 340 miles by water from Bongandanga, around eighteen months prior. Three of the named individuals had already died, only two had returned, while the others remained 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.
Deaths, even in the local prison, aren’t uncommon. I heard about a few. The former Chief of H**, a town I visited with the A.B.I.R. agent, had passed away a few months earlier, supposedly due to his time in prison. He had been arrested because another man from the town failed to bring in antelope meat when it was needed. After a month and a half in jail, the Chief was released. By then, he was so weak he couldn’t walk the 2 miles back home to H**, collapsed on the way, and died early the next morning. This was on June 14th.
On the 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.”
On September , a man named T came to see me. He had been seriously injured in the thigh and struggled to walk. He said that a guard from the A.B.I.R., a man named U, had shot him and had also killed V, a friend of his. The guards had come to arrest the Chief of H** because meat was scarce for the white man—not the current white man, but another one—and his people had gathered around the Chief to protect him. I learned that an inquiry had been conducted by a Law Officer regarding this and other abuses from the previous year, and as a result, guard U had been taken out of the area. T then told me that this guard was now back in the country and a free man. When I asked if he had been compensated for the injuries that left him partially disabled, he replied: “Four months ago, I was arrested for not having obtained meat, and I was held for a month and a half in prison because of it. U, who killed V and shot me in the thigh, is a free man, as everyone knows; but I, who am wounded, still have to hunt for 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.
This statement, confirmed through further investigation elsewhere, revealed that while the murderer was still free, one of his victims, whom he had seriously injured and nearly incapacitated, was still forced to hunt for game and faced imprisonment for failing to do so. Upon deeper investigation, I learned that this was the only instance anyone locally knew of when a qualified Law Officer had ever visited the Lopori, even though several serious charges from that area had been filed in the past. Since there is no Magistrate living within the entire A.B.I.R. Concession, any inquiries must be conducted either by A.B.I.R. agents themselves or at Coquilhatville—which is a full 270 miles from Bongandanga and over 400 miles from some areas 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.
It’s true that an officer from the Congo Executive is assigned to oversee this Concession, but he isn’t a qualified Magistrate and doesn’t have the legal authority to act as one.
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.
The person in this position is a lower-ranking military officer, who is stationed with a group of soldiers close to Bassankusu, the main base 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.
This officer, when he enters the A.B.I.R. territory, is accompanied by soldiers, and his actions seem to be mainly focused on punitive measures, which are necessary due to the common issue of a lack of or decrease in the supply of 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.
At the time I visited the Lopori, he was on a journey related to warfare, heading towards the Maringa River. His independence isn’t fully established, and his separation from the A.B.I.R. Company’s operations isn’t as significant as it should be, given the circumstances surrounding the collection of rubber.
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.
His trips along the two major rivers, the Maringa and Lopori, which flow through the A.B.I.R. territory, are taken on the company’s steamboats, and he is, for all practical purposes, 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 supervision of this officer also covers the Lulongo River outside the A.B.I.R. Concession, and he was the one who had taken over the town of Z* a few months before my visit when two local men were 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.
The Commissioner-General of the Equator District has also, in recent times, visited the A.B.I.R. Concession, but this official, despite being the head of the Executive and the President of the Territorial Court for the whole district, came as a guest to the A.B.I.R. stations and as a passenger on the company's steamer.
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.
No steamer operated by the Congo Government regularly travels up either the Lopori or Maringa rivers, and the delivery of mail from the A.B.I.R. territory relies on the two vessels of that Company for steamer transport.
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.
On June 15th, the Director of this Company informed the Missions of Bongandanga and Baringa by letter that he had instructed the Company's steamers to refuse to carry any letters or correspondence coming from or intended for either of those Mission stations, which are the only European establishments, not owned by the A.B.I.R. Company, within the boundaries 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.
As a result of this order, the missionaries at these two remote posts are now forced, except when the Mission steamer visits them about three times a year, to send all their correspondence by canoe to their agent at Tkau, which is 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.
This includes getting paddlers involved and a canoe trip 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.
But since the A.B.I.R. Company insists on the right to question all canoes traveling upstream or downstream, this way of getting around has some safety issues, in addition to the delays and inconveniences it causes.
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.
At the time of my visit to the Concession, the Mission at Baringa, located 120 miles up the Maringa river, had sent out a canoe with local workers carrying mail meant for the outside world—the closest post office being in Coquilhatville, about 260 miles away.
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.
When trying to pass the A.B.I.R. station at Waka, located halfway down the Maringa river, the European agent there required this canoe to stop and hand over its correspondence.
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.
It may not be unreasonable to expect that, in exchange for the significant privileges it has for exploiting public lands and a large local population, the A.B.I.R. Company should be required, given the complete lack of public transportation, to take on the relatively straightforward responsibility of delivering the public mail with its steamers that frequently travel the waterways of the Concession to collect 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.
If a qualified Magistrate were appointed to live within the boundaries of this Concession—similar to other Upper Congo Concessions, some of which are as large as a European country and still have a large native population—the public service would definitely benefit.
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.
As it is today, there is no Court available for these people to appeal to that is within their reach, and no European agency, except for a few isolated Mission stations, has any direct influence over them other than those immediately focused on 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.
It’s fair to say that the current agent of the A.B.I.R. Society I met at Bongandanga appeared to try, under very challenging and awkward circumstances, to reduce as much as possible, and within the scope of his responsibilities, the negative aspects of the system I saw in operation there.
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.
The demands for food supplies from the villages near the factories were said to be less burdensome than those faced by the rubber towns. I was told they were based on the same legal grounds as those governing rubber production, and failing to comply meant the same haphazard arrests and imprisonments. During my time in Bongandanga, I noticed several instances of arrest due to such failures.
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.
On a Sunday in August, I saw six local guards heading back with cap guns and ammo pouches to E**, after the market from the day before. Later, while we were at the factory grounds, two armed guards approached the agent as we walked, escorting sixteen locals—five men tied neck to neck, with five untied women and six young children. This somewhat awkward situation, I was told, was due to the ongoing failure of the villagers these individuals came from to provide their fair share of food. I learned that they had just been captured "on the river" by one of the guards stationed there to monitor the waterway. They had been heading in their canoes to some native fishing grounds when they were spotted and brought in. I asked whether the children were also being held accountable for food supplies, and those children, along with an elderly woman, were released and told to run over to the Mission and attend school there. However, they didn’t do that and likely returned to their homes in the stubborn village. The remaining five men and four women were taken to the “maison des otages” under the 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.
An agent explained that he had to catch women instead of men because it brought in supplies faster; however, he didn’t explain how the children, who were left without their parents, managed to get their own food.
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.
He regretted this tough necessity, but he said the essential needs of his own position, as well as those of the local missionaries, who were guests of the A.B.I.R. Society and needed to be taken care of, forced him to do it if the people didn’t maintain 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.
While we talked, an armed guard came by with four local men who were carrying bundles of bananas, part of another food delivery. The guard informed his superior that the village he had just visited didn’t provide antelope meat, claiming that the heavy rain from the night before was the reason they couldn’t go 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.
The agent apologized for not being able to give me food during my stay, highlighting the urgent need he now had to catch certain individuals without delay. He definitely mentioned that he would have to go out and capture some 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.
On leaving the A.B.I.R. grounds, still with this man, another group of men carrying food supplies was escorted in by three armed guards and led to the "maison des otages," which seemed to be watched over by two other sentries.
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.
At 8 P.M. that evening, just after the Sunday service, several women were escorted through the Mission grounds past the church by the A.B.I.R. guards, and in the morning I was informed that three such captures had occurred during the night. On September 2nd, while walking in the A.B.I.R. grounds with a junior agent from the factory, I encountered a line of fifteen women, guarded by three unarmed sentries, who were being brought in from nearby villages and were led past me. These women, clearly wives and mothers, were explained to me in response to my question, had been taken to force their husbands to deliver overdue antelope or other meat, some of which it was kindly promised would be sent on board my steamer when it departed. In fact, half an antelope was indeed sent on board thanks to the efforts 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:—
As I was leaving Bongandanga on September 3rd, several elderly leaders from nearby villages were setting off in their canoes to the other side of the forest to get meat to redeem their wives, whom I had seen taken the day before. I later found out that the husband of one of these women brought his infant daughter to the Mission station two days later. Without her mother, the baby had fallen seriously ill and he couldn't feed her. At the missionary's request, the woman was released on September 5th. Before I left, I told the agent of the A.B.I.R. Company that I believed it was definitely illegal to imprison women for debts claimed to be owed by their husbands, and I would inform the Governor-General of the Congo State about what I had seen. The excuse given, both this time and on previous occasions when I had mentioned the conditions of the locals around Bongandanga, was that the station compared well with others in the A.B.I.R. Concession, which, I was assured, operated under much harsher conditions than those that troubled me at Bongandanga. I later officially communicated my concerns to the local Government in Boma regarding how the system I observed affected the English missionaries within the A.B.I.R. Concession. In that letter, I aimed to show that neither the local agent nor his subordinate were responsible for the situation that greatly upset my fellow countrymen at Bongandanga and left me in painful shock. I had indeed been alerted to the systematic imprisonment of women in parts of the Upper Congo about two years earlier, in a case involving a British citizen of color—a native of Lagos—along with three Europeans, who were all employed by the Compagnie Anversoise du Commerce au Congo, a Concession Company. They were accused of various acts of cruelty and oppression that caused significant loss of life to the natives in the Mongala region. These men were arrested by the authorities in the summer of 1900 and sentenced to long prison terms, against which they appealed. The charges against the British citizen (who sought my help) included illegal arrests of women and unlawfully detaining them at his trading station, with allegations that many of these women died of starvation while confined. When I visited him in Boma jail in March 1901, he claimed that over 100 women and children had starved to death under his watch, but that the responsibility for both their arrests and his inability to feed them lay with the orders and neglect of his superiors. The Court of Appeal in Boma delivered a final ruling on the case on February 13, 1901. Regarding the degree of guilt of the Lagos man, a copy of this ruling, as it pertained to him, was provided to me at my request by the Governor-General. From this ruling, I learned that the case against the accused had been clearly established. Among other mitigating factors, which nonetheless led to a significant reduction of the original sentence for the man, the Court of Appeal noted 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.”
“It’s important to note that, based on the evidence in this case, the leaders of the Concession Company have, if not through direct orders, at least by their behavior and negligence, led their agents to completely disregard the rights, property, and lives of the locals. They have used the weapons and soldiers meant for their protection and maintaining order to force the locals to provide goods and work for the Company, as well as to hunt down those who tried to escape the demands placed on them. Furthermore, it’s especially concerning that the arrest of women and their detention to pressure the villages into supplying goods and labor was tolerated and accepted by some local administrative authorities.”
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.
At the time I found out about the Boma High Court's decision, I learned that efforts were being made to ensure the law was enforced everywhere and to guarantee compliance with it. This meant that the illegal activities uncovered in the Mongala region were made impossible anywhere in the Congo State. From what I observed during the few days I spent in the A.B.I.R. Concession and outside its boundaries in Lower Lulongo, it was evident that the actions taken by the authorities nearly three years ago hadn't achieved the desired outcomes at all.
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.
On leaving Bongandanga on September 3rd, I traveled back down the Lopori and Lulongo Rivers, arriving at J**. The next day, around 9 PM, some locals came to see me, bringing with them a 16-year-old boy whose right hand was missing. His name was X, and his relatives said they were from K**, a village just a few miles across the river. Since it was late, there was some trouble getting a clear translation of their story, but I understood that X's hand had been cut off in K** by a sentry from the La Lulanga Company, who was stationed there. They said that while he was mutilating X, this sentry also shot one of the main men in the town. Besides the missing hand, X had been shot in the shoulder blade, leaving him deformed. They said he fell unconscious after being shot, and then the sentry cut off his hand, claiming he would take it to the Director of the Company at Mampoko. When I asked if this really happened, the locals believed that the hand was only carried part of the way to Mampoko before being discarded. They didn’t think the white man had seen it. They explained that they had not complained about this before because they didn’t expect anything good to come from it. They added that a younger boy, similar in age to X, had been similarly mutilated by a sentry from the same trading Company earlier this year (around late January or early February), and when they tried to bring that boy with them, the sentry threatened to kill him, so the boy was now hiding. They urged me to go back to their village with them to verify their claims. I felt it was my duty to heed their call and decided to return with them the next day. In the morning, just as I was set to leave for K**, many people from the surrounding area came to see me. They brought three individuals who had been badly injured by gunfire—two men and a very small boy, no more than 6 years old, along with a fourth boy aged 6 or 7 whose right hand was cut off at the wrist. One of the men, who had been shot in the arm, identified himself as Y from L**, a village a few miles away. He recounted that he had been shot under these circumstances: soldiers had entered his town to enforce the rubber tax owed by the community. They tied him up and demanded 1,000 brass rods, threatening to shoot him if he didn’t comply. With no rods to give, they shot him through the arm and left him behind. He named four soldiers involved, all believed to be employees of the La Lulanga Company and they had come from Mampoko. At the time Y was shot, the Chief of his town pleaded with the soldiers not to hurt him, but one of them, a man named Z, shot the Chief dead. No white man was present with the soldiers at that moment. Y believed two of the soldiers had been taken to Coquilhatville, while the other two—whom he named—were still at Mampoko. The people of L** had reported what the soldiers did to the white man at Mampoko. Y wasn’t sure if the soldiers faced any punishment since there had been no inquiry in L**, and no one from that town had been asked to testify against their aggressors. Y was accompanied by four other men from his town, all of whom supported his account.
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 soon followed by two men from M**, who said they lived close to K** and only a few miles away. They brought with them a grown man named A A, whose arm was shattered and severely swollen from a gunshot, and a small boy named B B, whose left arm was broken in two places from two separate gunshots—the wrist shattered and the hand hanging loose and essentially useless. The two men made the following statement: Their town, like all others nearby, was required to provide a specific amount of rubber every two weeks to the headquarters of the La Lulanga Company at Mampoko; that at the time these attacks occurred, less than a year ago, a man named C C was a guard for that Company stationed in their village; that the two men before me had taken the usual bi-weekly rubber to Mampoko. Upon returning to M**, they found that C C, the guard, had shot dead two men from the town named D D and E E, and had tied A A and the boy B B, who were now before me, to two trees. The guard claimed this was to punish them for taking the rubber to Mampoko without first showing it to him and paying him a commission. The two men said they immediately returned to Mampoko and asked the Director of the Company to come back with them to M** to see what his employees had done. However, they said he refused to help. When they got back to their town, they found that A A and B B were still tied to the trees and had been shot in the arms as I now see. When they pleaded with the guard to release the injured individuals, he demanded a payment of 2,000 brass rods (100 fr.). One of the two men stayed to gather this money while the other returned to Mampoko to inform the Director again about what had happened. The two men asserted that nothing happened to the guard C C, but the white man said that if the people misbehaved again, he was to discipline them. They claimed that C C stayed in M** for some time longer, and they do not know where he is now.
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.
These people were quickly followed by some locals who brought a small boy, around 7 years old, whose right hand was missing at the wrist. This child, named F F, had been brought from the village of N**. They explained that a few years ago (they couldn't pinpoint the date, only noting that F F had just started to run) N** had been attacked by several guards from the La Lulanga Company. This was because they had failed to deliver enough rubber. They weren’t sure if these guards had been sent by any Europeans, but they knew all their names, with the chief being a man named G G. G G had shot the chief of their village, causing the people to flee into the forest. The guards chased them, and G G struck the boy F F with the butt of his gun and then chopped off his hand. They claimed that the dead man's hand and this boy F F's hand were taken away by the guards. The guards responsible belonged to the La Lulanga Company’s factory at O**. The man who came with F F said that they had never complained about this, except to the white man who was the company’s agent at O**. They hadn’t considered complaining to the district Commissaire because he was far away, and they were afraid they wouldn’t be taken seriously. They believed that the white men only cared about rubber and that approaching them would be pointless.
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:—
At the same time, several men approached me, asking me to listen to their concerns. W claimed that their town, P**, which I had previously seen on the north bank of the X** River, had been forcibly moved to the south bank, near the factory at Q**. He stated that this compulsory relocation was ordered directly by the Commissaire-Général of the ... district. The Commissaire had visited P** on his steamboat and instructed the residents to work every day at Q** for the La Lulanga factory. W responded that it was too far for the women of P** to commute to Q** as required, but the Commissaire retaliated by taking fifty women away with him. These women were taken to Q**, along with two men. To get these women back, W continued, he and his people had to pay a fine of 10,000 brass rods (500 fr.). They paid this amount directly to the Commissaire-Général. They were then ordered to leave their town, which was deemed too distant from the factory, and to establish a new town closer to Q**, so they could be readily available to meet the needs of the white man. They were coerced into this move—many were forcibly relocated. W estimated that this deportation took place about two years ago, and they now came to plead with me to use my influence with the local authorities to allow them to return to their abandoned hometown. They expressed that their current situation near Q** made them very unhappy, and all they wanted was to be permitted to go back to the original site of P**. They have to bring the following items daily to Q**:—
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.
10 baskets of gum copal.
1,000 long canes (called “ngodji”) that grow in the swamps, and are
used for roofing and thatching.
500 bamboo for construction.
Each week they are required to deliver at the factory—
Each week they have to deliver to the factory—
200 rations of kwanga.
120 rations of fish.
200 servings of kwanga.
120 servings 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.
Additionally, fifty women are required each morning to go to the factory and work there all day. They complained that the pay for this work was far too low and that they were often beaten. When I asked the Chief W why he hadn’t gone to D F to complain if the guards beat him or his people, he opened his mouth and pointed to a tooth that was about to fall out, saying: “That’s what I got from D F four days ago when I went to tell him what I am now telling you.” He also mentioned that he was frequently beaten, along with others from his community, 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.
One of the men with him, who called himself H H, said that two weeks ago the white guy at Q** had ordered him to be one of the hammock bearers for a trip he planned to take inland. H H was just finishing building a new house and used that as an excuse, but offered to get a friend to take his place. The Company's Director responded to this excuse by burning down his house, claiming he was being rude. He had a box of cloth and some ducks in the house—basically all his belongings—and they were destroyed in the fire. The white guy then had him tied up and took him inland, releasing him only when it was time 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]
Other people were waiting, eager to talk to me, but I had to leave if I wanted to reach K** at a reasonable hour since so much time was taken in recording the statements already made. I took a canoe across the Lulongo and up a tributary to a landing spot that was about ... miles from I**. Leaving the canoes behind, we walked a couple of miles through a flooded forest to reach the village. There, I found a guard from the La Lulanga Company and quite a few locals. After a bit of waiting, a 15-year-old boy showed up with his left arm wrapped in a dirty rag. When I took it off, I saw that his left hand had been cut off at the wrist, and there was a bullet hole in the fleshy part of his forearm. The boy, who introduced himself as I I, said that a guard from the La Lulanga Company in town had cut off his hand. I started looking for this guard, who initially couldn’t be found while a crowd of locals gathered behind me as I moved through the town. After a while, the guard appeared holding a cap-gun. I stood the boy in front of him, and he accused him directly of the mutilation. The local men, questioned one by one, backed up the boy’s story. The guard, who said his name was K K, couldn’t respond to the accusation. He vaguely claimed that some other guard from the Company was the one who had harmed I I; he mentioned that his predecessor had cut off several hands, and this might be one of the victims. The locals said there were two other guards currently in town who weren't as bad as K K, but that he was a scoundrel. Given the clear evidence against him, with multiple witnesses stating they had seen the act, I told him and those present I would refer the matter to the local authorities for his immediate arrest and trial. During my questioning, several other accusations against him came up. They were lesser offenses involving typical blackmail, which were reported all over. One man said K K had tied up his wife and only let her go after he paid 1,000 rods. Another claimed K K had stolen two ducks and a dog from him. K K denied these lesser offenses as well and again insisted that I I had been harmed by another guard, naming several. I took the boy back with me and later brought him to Coquilhatville, where he formally charged K K with the crime, telling the Commandant—who took his statement through a special Government interpreter in my presence—that it was done “on account of rubber.” I was later informed that after my request, the authorities in Coquilhatville had arrested K K, who will presumably 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.”
It was clearly impossible for me to visit all the villages of the locals who asked me to do so at J** or elsewhere during my journey, or to verify their claims in person, as I did with the boy. In that one instance, the truth of the accusations was clearly shown, and their importance wasn't lessened by the fact that this act of mutilation occurred just a few miles from Q**, the headquarters of a European civilizing organization, and the perpetrator was still nearby, armed with the gun he used to initially shoot his victim (for which he couldn't show a license when I asked, claiming it belonged to his employers). Yet, none of the terrified townspeople had attempted to report the incident. In the meantime, they had been going to Mampoko every two weeks with the rubber from their area. There was also another mutilated boy, X, whose hand had been cut off by either this or another guard. The main channel of the Lulongo River was right at their doorstep, and almost every two weeks, a government steamer passed up and down the river to collect the rubber from the A.B.I.R. Company to take to Coquilhatville. They also had some canoes; if all other avenues for help were closed, the local tribunal at Coquilhatville was available to them, and the trip downstream from their village could have been done in about twelve hours. It was no longer a distance than many towns I had visited elsewhere had to travel each week or so to deliver supplies to local tax collectors. The fact that these people made no effort to seek help for their miserable situation led me to believe that they genuinely feared reporting such events. I wouldn’t say that everything stated by such a people, under these conditions, is completely true. It's reasonable to acknowledge that there might be inconsistencies in much of what these unrefined individuals claimed when trying to gain sympathy. But the important fact remained that their previous silence spoke louder than their current words. Despite contradictions and even obvious inaccuracies, it was evident that these men were either recounting what they had actually witnessed or sincerely believed in their hearts. Anyone observing their dire circumstances or listening to their pleas, anyone familiar with African native life or character, couldn't doubt that they were, for the most part, being truthful; and I was sadly convinced that in the many forest towns hidden behind the trees, which I could not visit, these people had a right to expect that a civilized administration would be represented by agents other than those savages euphemistically called "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.
The number of these "forest guards" working for various Concession Companies in the Congo must be quite significant; however, it's not just the Concession Companies that employ them. I came across many of these men working for the La Lulanga Company, which, as far as I know, is neither a Concession Company nor granted any "police rights." In the A.B.I.R. Concession, there must be at least twenty stations managed 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.
Each of these “factories” has permission from the government to possess twenty-five rifles. Based on the A.B.I.R. factories' estimates, and including the armament of the two steamers the Company owns, it turns out that this single Concession Company uses 550 rifles, with a supply of cartridges that, as far as I know, hasn’t been legally established yet. By law, these rifles aren't supposed to be taken outside the factories, while the “sentries” or “forest guards” are stationed in almost every rubber-producing village throughout 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.
These guys each have a cap gun, and there don't seem to be any legal limits on how much ammunition they can use. These cap guns can actually be pretty effective weapons. On the Lower Lulongo, I bought the skin of a beautiful leopard from a local hunter who had shot the animal the day before. He showed me his cap gun and the ammo he had, and everyone around him told me that he was the one who had killed the beast with his own gun. He told me that he bought this gun a few years ago from a former government commissioner in Coquilhatville, whose name he shared with 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.
It seems reasonable to estimate that the number of cap-guns distributed by the A.B.I.R. Company to its “sentries” is about six times the number of rifles permitted for each factory. These numbers can be easily confirmed, but regardless of the ratio of cap-guns to rifles, it's evident that the A.B.I.R. Society exclusively manages a force of around 500 rifles and a substantial inventory 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.
The other Concession Companies in the Congo have similar privileges, so it may not be an exaggeration to say that these Companies and their subsidiaries (which don’t have police powers) collectively control an armed force of at least 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.
Their “police rights,” according to the Circular issued by Governor-General Wahis in October 1900, seemed to be limited to the right to “request” nearby Government forces to maintain order within the Concession. While that Circular mentioned arming “Kapitas” with cap-guns, it did not clearly define their role as a police force or how they were supposed to use that weapon. However, it is clear that the Government was aware of and is responsible for the employment of these armed individuals. A Royal Decree dated March 10, 1892, established clear regulations regarding the use of all firearms other than flint-locks. According to this Decree, all firearms and their ammunition, except for flint-lock guns, had to be deposited immediately upon importation in a depot or private store controlled by the Government. Each weapon had to be registered upon its entry into the depot and marked under the Administration's supervision, and it could only be removed with a permit to carry arms. These permits were subject to a tax of 20 fr. and could be revoked in cases of misuse. An Ordinance from the Governor-General of the Congo State dated June 16, 1892, published various Regulations to enforce the above Decree locally. It is evident that the governing authority holds responsibility for the widespread use of cap-gun armed men by the various commercial Companies on the Upper Congo, either allowing it by law or failing to enforce 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.
The six natives brought before me at I** had all been wounded by gunfire, and the guns in question could only have ended up in the hands of their attackers with either permission or negligence from the authorities. Two of these injured individuals were children—one of them certainly no more than 7 years old—and the other a boy of about the same age, whose arm was shattered by gunfire at close range. Regardless of the validity of the claims made by these people and their families, who insisted that the attacks on them were carried out by sentries from the La Lulanga Company, it was evident that they had all been assaulted by men using guns. A law that had been in place for eleven years had clearly prohibited issuing these weapons, except in special cases, and “to individuals who could provide sufficient guarantees that the arms and munitions delivered to them would not be given, ceded, or sold to third parties”—and, furthermore, under a license that could be revoked at any time.
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.
Three of these injured people, after the initial attack on them, had their hands cut off—in each case, as I was told, by a guard from the La Lulanga Company. In the one case I could personally investigate—that of the boy I I—I found this accusation to be clearly proven, with no doubt about the guilt of the accused guard. These six wounded and mutilated individuals came from villages near I**, and from their accounts, as well as from others who came to me from farther away, it was clear that these were not the only incidents in the area. One man, traveling from a village 20 miles away, asked me to go back with him to his home, where, he claimed, eight of his fellow villagers had recently been killed by guards stationed there in connection with the biweekly collection of rubber. However, my stay at I** was necessarily brief. I only had time to visit the one village of R** and in that village, I could only investigate the charge made by I I. The country is mostly swampy forest, making it very difficult to navigate. A properly equipped expedition would have been required, and I didn't have the means for a thorough investigation. But it seemed painfully clear to me that the facts I learned during my three-day stay at I** warranted a comprehensive inquiry into the use of armed men in that region and how they used the weapons given to them—officially as authorized agents of commercial ventures. From what I saw in the A.B.I.R. Concession, it is equally clear to me that no inquiry could be considered thorough without also examining the territories of that Company.
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.
The practice of quartering government soldiers in villages, which was once common, has largely been abandoned today; however, the issues that were prevalent at that time have resurfaced with the system of “forest guards,” who, across a large area, are the only form of local law enforcement present. Nonetheless, the highest authorities acknowledge that the use of government native soldiers in remote outposts is still ongoing.
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]
A Circular on this topic, addressing the disregard for repeated instructions that prohibited the use of black troops without a European officer, was sent out by the Governor-General on September 7, 1903, while I was on the Upper Congo. In this Circular, the Commandants and officers of the Force Publique are required to strictly follow the already repeated instructions on this matter, and it is emphasized that, despite the most urgent orders banning the use of black soldiers alone in public service—“on continue en maints endroits à pratiquer ce déplorable usage.” A copy of this Circular is attached (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]
From what I saw in the areas I traveled through in the Upper Congo, it seems almost impossible for European officers to always accompany the soldiers on minor expeditions. The number of officers is limited; they have a lot to do in training their troops and managing camp and station life, while the territory needing attention is enormous. The details of the taxation system outlined earlier show that it is widespread, and since there needs to be a consistent effort to ensure taxpayers meet their obligations across such a large area, those in charge of tax collection must rely on the unregulated actions of native soldiers (who are the only official police in the country). The most significant form of native taxation in the Upper Congo is definitely rubber, and to highlight how important this tax collection and increase is to their superiors, the Circular from Governor-General Wahis, sent to the District Commissioners and Zone Chiefs on March 29, 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.
The instructions in this Circular would be great if they came from the head of a trading company to his team, but since they’re addressed by a Governor-General to the main leaders of his administration, they show a somewhat narrow view of public duty. Instead of focusing their efforts on governing their districts, the officials receiving this message would likely feel obligated to consider the profitable exploitation of rubber as one of their main responsibilities. Given how these officials interpret the clear orders from their leader, it's evident that they would see the lucrative production of rubber as one of their top priorities. The official who could ensure his district produced the best and largest supply of this resource would be praised, and it’s believed that how he achieved this increased value wouldn’t be examined too closely.
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.
When we remember that the officials who have been reprimanded represent all the power in their areas, and that the agents they are allowed to use are known to be brutal soldiers, we don't have to look very far to understand the source of the unhappiness and unrest in the local communities I encountered along the Upper Congo. It's clearly tied to the policies outlined in 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.
I decided to head back from Coquilhatville to Stanley Pool due to other responsibilities. The last thing that happened while I was in the Upper Congo occurred the night before I left. Late that night, a man came with some local people from the S** district, who he claimed were his friends, and asked me to take them to the French territory at Lukolela. These were L L from T** and seven others. L L explained that he and his family had to leave their home because he couldn’t meet the demands of the Commissaire of the S** district and were trying to get to Lukolela. He had already traveled 80 miles downstream by canoe but was now hiding with friends in a nearby town close to Coquilhatville. Part of what was required from his town was two goats that had to be provided every month for the white man’s table at S**. Since all the goats in his area had disappeared to meet this demand, he could only fulfill it by buying goats from inland areas, which cost him 3,000 rods each (150 fr.), while the Government only paid him 100 rods (5 fr.) per goat, leaving him unable to keep up the supply. After pleading in vain for relief from this burden, he felt he had no choice but to flee. I told this man I was sorry but couldn’t help him and that he should appeal to the local authorities for relief; if that didn’t work, he could take his case to the higher authorities in Boma. He told me that this was clearly not possible for him. The last time he approached the officials at S**, he was warned that if he didn't pay his next tax, he would be sent to the “chain gang.” He mentioned that a nearby Chief who had failed to pay had just died in prison, and he feared the same fate if caught. He also said that if I doubted him, there were people who could vouch for both his character and his story; I assured him and his friend that I would check that out, but I couldn’t assist a fugitive. However, I noted that there was no law on the Congo Statute Book preventing him or anyone else from traveling freely throughout the country, and his right to navigate the Upper Congo by canoe was just as valid as mine in my steamer or anyone else's. He and his group left me at midnight, saying they didn’t think they could reach Lukolela unless they could get away with me. Someone at T**, to whom I mentioned this, confirmed that L L’s claims were true. He said: What L L told you about the price of goats is completely accurate. At U**, they cost 3,000, and here they are between 2,500 and 3,000 rods. Ducks range from 200 to 300 rods, and chickens are between 60 and 100 rods. Regarding “dying in the chains,” he had every reason to worry, as two Chiefs had recently died in custody: one was the Chief of a small town above U** for not moving his houses a few hundred yards as quickly as the Commissaire wanted, and the other was the Chief of T** for not paying his tax every two weeks. These two men were chained together, forced to carry heavy loads of bricks and water, and were frequently beaten by the soldiers overseeing them. There are witnesses who can confirm this.
Leaving the township of Coquilhatville on the 11th September, I reached Stanley Pool on the 15th September.
Leaving the town of Coquilhatville on September 11, I arrived at Stanley Pool on September 15.
I have, &c.
(Signed) R. CASEMENT.
I have, etc.
(Signed) R. CASEMENT.
Inclosure 1 in No. 3.
(See p. 29.)
(See page 29.)
Notes on Refugee Tribes encountered in July 1903.
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.
Hearing about the L* refugees from I*, I decided to visit the closest Settlement of these displaced people, about 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.
At N*, I found the large town of K* and scattered throughout it were many small settlements of L* refugees. The town of N* is made up of about seventy-one K* houses and seventy-three occupied by L*. The latter appeared to be hardworking, simple people; many were weaving palm fibers into mats or traditional cloth, while others had workshops crafting brass wire into bracelets, chains, and anklets, and some were making knives. I sat down in one of these blacksmith's sheds, and the five men working there stopped to chat with us. I counted ten women, six adult men, and eight young people in that one L* shed. I then asked them to share why they had left their homes. Three of the men sat down in front of me and told a story that I can hardly believe is true, but it seemed to come straight from their hearts. I continuously asked them to repeat certain parts while I wrote in my notebook. The fact that I was writing and asking for names, etc., seemed to impress them, and they spoke with what I certainly felt was 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 them why they had left their homes and come to live in a strange, distant country among the K*, where they owned nothing and were little more than servants. When I asked this question, everyone, including the women, shouted, “Because of the rubber tax imposed 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 specifically asked them the names of the places they came from. They said they were from V**. Other L* refugees here at N* were W**, and there were others like X**, but all had escaped 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 asked how this tax was applied. One of them, who had been working on an iron neck collar when I arrived, spoke up 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.”
“I am N N. These two next to me are O O and P P, and we’re all Y**. In our country, every village had to gather twenty loads of rubber. These loads were huge: they were as big as this....” (Holding up an empty basket that reached nearly to the handle of my walking stick.) “That was the first size. We had to fill that up, but as rubber became scarcer, the white man lowered the amount. We had to take these loads four times a month.”
Q. “How much pay did you get for this?”
Q. “What did you get paid for this?”
A. (Entire audience.) “We got no pay! We got nothing!”
A. (Entire audience.) “We aren’t getting paid! We have nothing!”
And then N N, whom I asked, again said:—
And then N N, whom I asked, said again:—
“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.”
“Our village received cloth and a bit of salt, but not the people who did the work. Our Chiefs consumed the cloth; the workers received nothing. The payment was a piece of cloth and a little salt for every large basket full, but it was given to the Chief, never to the men. It used to take ten days to gather the twenty baskets of rubber—we were constantly in the forest, and if we were late, we faced dire consequences. We had to venture further into the forest to find the rubber vines, often going without food, and our women had to stop tending to the fields and gardens. As a result, we starved. Wild animals—the leopards—attacked some of us while we worked in the forest, and others got lost or died from exposure and hunger. We pleaded with the white man to leave us be, saying we could no longer collect rubber, but the white men and their soldiers replied: ‘Go! You are merely animals, you are nyama (meat).’ We kept trying, continuously going deeper into the forest, and when we failed and our rubber supply was insufficient, the soldiers came to our villages and killed us. Many were shot, some had their ears cut off; others were bound with ropes around their necks and bodies and taken away. The white men sometimes at the posts were unaware of the terrible things the soldiers did to us, but it was the white men who sent the soldiers to punish us for not delivering enough rubber.”
Here P P took up the tale from N N:—
Here P P continued the story 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.”
“We told the white men, ‘We don’t have enough people now to do what you want us to do. Our country doesn’t have many people left, and we are dying quickly. We are killed by the work you make us do, the shutdown of our plantations, and the destruction of our homes.’ The white man looked at us and said: ‘There are plenty of people in Mputu’ (Europe, the white man’s country). ‘If there are many people in the white man’s country, then 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, and he was a very bad man. Other white men in Bula Matadi who were also bad and wicked were B C, C D, and D E.” “These men had killed us often, both with their own hands and through their soldiers. Some white men were good. They 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.
These ones told them to stay in their homes and didn't hunt or chase them like the others had, but after everything they had endured, they no longer trusted anyone’s word. They had fled from their country and were now going to stay here, far from their homes, in this place where there was no rubber.
Q. “How long is it since you left your homes, since the big trouble you speak of?”
Q. “How long has it been since you left your homes, since the major trouble you’re talking about?”
A. “It lasted for three full seasons, and it is now four seasons since we fled and came into the K* country.”
A. “It lasted for three whole seasons, and it has now been four seasons since we escaped and arrived in the K* country.”
Q. “How many days is it from N* to your own country?”
Q. "How many days does it take to travel from N* to your home 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.”
A. “We marched quickly for six days. We ran away because we couldn’t handle what was happening to us. Our leaders were hanged, and we were killed, starved, and pushed to our limits to collect 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.”
Q. “How do you know it was the white men themselves who ordered these cruel actions against you? These must have been carried out without the white man's awareness 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.’ ”
A. (P P): “The white men told their soldiers: ‘You only kill women; you need to prove you can kill men.’ So then the soldiers, when they killed us” (he paused, hesitating, and then pointing to my bulldog’s private parts—it was lying asleep at my feet), he said: “then they cut those off and brought them to the white men, who said: ‘It’s 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?”
Q. “So you’re saying that some white guy told you to have your bodies mutilated like that, and that those body parts were brought to him?”
P P, O O, and all (shouting): “Yes! many white men. D E did it.”
P P, O O, and all (shouting): “Yes! a lot of white men. D E did it.”
Q. “You say this is true? Were many of you so treated after being shot?”
Q. “Are you saying this is true? Did many of you experience this after being shot?”
All (shouting out): “Nkoto! Nkoto!” (Very many! Very many!)
All (shouting out): “Nkoto! Nkoto!” (So many! So 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.
There was no doubt that these people weren’t just making things up. Their passion, their intense expressions, their excitement, was genuine. They probably exaggerated the numbers, but they were definitely sharing what they knew and hated. I heard that they often got so angry thinking about what had been done to them that they lost control. One of the men in front of me was starting to reach that point now.
I asked whether L* tribes were still running from their country, or whether they now stayed at home and worked voluntarily.
I asked if the L* tribes were still fleeing their country or if they were now staying home and working 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.”
N N answered, “They can’t escape now—not easily; there are guards stationed in the area between the Lake and here; plus, there aren’t many 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.”
P P said: “We heard that letters arrived for the white men telling them to treat us well. We learned that these letters were sent by the important white men in ‘Mputu’ (Europe); but our white men tore these letters up, laughing, and saying: ‘We are the “basango” and “banyanga” (fathers and mothers, i.e., elders). Those who write to us are just “bana” (children).’ Since we left our homes, the white men have asked us to go back. We’ve heard they want us to return, but we will not go. We are not warriors and don’t want to fight. We just want to live in peace with our wives and children, 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?”
Q. “Wouldn’t you want to go back to your homes? Don’t you all wish, deep down, to return?”
A. (By many.) “We loved our country, but we will not trust ourselves to go back.”
A. (By many.) “We loved our country, but we won’t risk going 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.”
P P: “Go, you white men, take the steamer to I*, and see if what we told you is true. Maybe if other white men who don’t hate us go there, Bula Matadi will stop hating us, and we can 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.
I asked if they could point out any refugees from other tribes, if there were any, and they brought forward a young guy who was a X** and a man from the Z** tribe. These two told me that there were many others with them from their tribes who had escaped 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.
Went on for about fifteen minutes to another group of houses in the middle of the town. Found mostly older people here, an old Chief sitting in the open village Council-house with a man and two young guys. An old woman soon joined, along with another man. The woman started talking passionately. She said the Government had worked them so hard they hadn’t had any time to take care of 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, murmured in agreement.
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.”
The old Chief said: “We used to hunt elephants a long time ago; there were plenty in our forests, and we got a lot of meat. But Bula Matadi killed the elephant hunters because they couldn't gather rubber, and that led to our starvation. We were sent out to collect rubber, and when we returned with only a little, we were shot.”
Q. “Who shot you?”
"Who did this to you?"
A. “The white men ... sent their soldiers out to kill us.”
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.”
Q. “How do you know it was the white man who sent the soldiers? It could just be these brutal soldiers on their own.”
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.”
A. “No, no. Sometimes we brought rubber to the white man's stations. We took rubber to D E’s station, E E*, and to F F* and to ...’s station. When there wasn't enough rubber, the white man would line us up, one behind the other, and shoot through all our bodies. Sometimes he would shoot us himself; other times, 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?”
Q. “Are you saying that you were killed in the government offices by the government officials themselves, or right in front of them?”
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.”
A. (Emphatically.) “We were killed at the hands of the white men themselves. We were killed by the white man himself. We were shot right in front of him.”
The names D E, B C, and L M, were names I heard repeatedly uttered.
The names D E, B C, and L M were names I heard mentioned over and over again.
The Z** man said he, too, had fled; now he lived at peace with the K*.
The Z** man said he had also escaped; now he lived in harmony 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.
The unusually high number of refugees in this K* town must be equal to the actual K* population. Everywhere you look, there are these refugees. They also appear to lead busier lives than their K* hosts, because during all the hot hours of the afternoon, wherever I walked through the town—and I explored N* until the sun set—I found L* weavers, as well as iron and brass workers, hard at work.
Slept at M M’s house. Many people coming to talk to us after dark.
Slept at M M's place. A lot of people came 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.
Left N* around 8 to head back to the Congo bank. On the way, I deviated from the main path and ventured into one of the side towns, a village called A A*. It’s only about 4 or 5 miles from the river. I found thirty-two L* houses with forty-three K*, so the number of refugees here is nearly the same as the original population. I saw many L*. They all seemed scared, and both the L* and K* were clearly uncomfortable, so I didn’t want to linger. I only spoke briefly to a couple of men as we walked through the town. The L* moved away from us, but when I looked back, I noticed many heads peeking out from the doors of the houses we had passed.
Got back to steamer about noon.
Got back to the steamer around 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.”
Heard that L* occasionally visits M* from I*. I'm currently about 100 miles upstream from N*. I went to one of the country farm towns in M* called B B*. Upon entering the plantation, I found two huts with five men and one woman, whom I recognized right away by their headgear as L*, similar to those at N*. The main speaker was a young man named ... who lives in B B*. He appears to be around 22 or 23 and speaks with an air of straightforwardness. He says: “The L* here and others who come to M* come from a place called C C*. It's connected to the lake by a stream. His own town in the C C* district is D D*. C C* is a large district with many people. They now bring the Government india-rubber, kwanga, and chickens, and they work on broad paths connecting each village. His own village has to provide 300 baskets of india-rubber. They get one piece of cotton cloth, locally called sanza, and nothing more.” (Note.—This can't be true. He's probably exaggerating.) Four other men with him were wearing the rough palm-fiber cloth made by local looms, and they pointed to this as evidence that they didn’t receive any fabric for their work. K K continued, saying: “We were then punished 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?”
Q. “You said you were killed for not bringing in rubber. Did they ever mutilate you 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.”
A. “When we were killed, the white man was right there. No proof was needed. Men and women were lined up next to a palm tree and 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.”
Here, he took three of the four men who were sitting down and arranged them in a line, one behind the other, and said: “The white men used to line us up like this and shoot us all with one cartridge. They did that often, along with even 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?”
Q. “But how are you able to come here to M* to see your friends when you have to work so hard now?”
A. “We came away without the sentries or soldiers knowing, but when we get home we may have trouble.”
A. “We slipped away without the guards or soldiers noticing, but when we get home, we might run into some problems.”
Q. “Do you know the L* who are now at N*?” (Here I gave the names of N N, O O, and P P.)
Q. “Do you know the L* who are currently at N*?” (Here I listed 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.”
A. “Yes; many L* escaped to that country. N N we know left because of the things that were done to them by the government and white people. The K* and L* have always been allies. That's why the L* sought refuge with them.”
Q. “Are there sentries or soldiers in your villages now?”
Q. “Are there guards 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.”
A. “In the main villages, there are always four soldiers with rifles. When the locals go into the forest to collect rubber, they leave one person behind to watch over the women. Sometimes, when soldiers find him like this, they don’t believe what he says and end up killing him for avoiding his duties. This happens often.”
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.”
When we asked how far it was from M* to their country, they said it was a three-day journey, and then about two more days by water to I*, or three if we went by land. They urged us to visit their country, saying, "We'll show you the way, we'll take you there, and you'll see for yourself how things are, and that our country has been ruined, and we're telling the truth."
Left them here and returned to the river bank.
Left them here and went back to the riverbank.
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:—
The previous notes I took at the time felt to me, if not false, highly exaggerated, even though they were presented with complete conviction and sincerity. I didn’t come across any more L* refugees, as I only spent a few hours in G* on my return. A few days later, while I was at Stanley Pool, I received more evidence in a letter, of which the following is an excerpt:—
“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.
“I was really disappointed not to see you when you passed through, and I missed the chance to share with you directly a lot of evidence about the terrible mismanagement that has happened in the district. I met the official at the post of E E*. He is the successor of the notorious D E, about whom you heard so much from the refugees at N*. This D E was in this district in ..., ..., and ..., and he was the one who depopulated the area. His successor, M N, is very vocal in his criticisms of him and claims he will do everything he can to bring him to justice. M N is now stationed at G G*, near our station at H H*. I can only speak highly of M N. He has done an amazing job in a very tough situation. People are starting to come out and gather around the many posts he oversees. M N told me that when he took over the station at E E* from D E, he visited the prison and almost fainted from the terrible condition of the facility and the poor souls in it. He shared many stories he heard from the soldiers. He mentioned D E shooting man after man who came with an insufficient amount of rubber. He even lined several up and shot them all with one cartridge. Those who were with me also heard many horrific stories from the soldiers, confirming what we were told at N* about D E taking the organs of men killed by the guards at various posts. I saw a letter from the current officer at F F* to M N, where he criticizes him for not taking more aggressive actions, telling him to talk less and shoot more, and reprimanding him for killing only one person in a district he oversees where there was some trouble. M N is scheduled to be in Belgium in about three months, and he says he’ll land one day and start denouncing his predecessor the next. I’ve received many favors from him, and I would hate to harm his reputation in any way.... He has already accepted a position in one of the Companies since he can’t continue working for the State anymore. In all the different parts of the State I’ve visited, I have never seen a cleaner station or a district more under control than the one M N supervises. He is the M N that the people of N* spoke about, saying he 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.”
“If I can provide you with any more information, or if you have any questions for me, I’d be happy to help you, and through you, these persecuted people.”
From a separate communication, I extract the following paragraphs:—
From a different message, I take out 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.
“...I heard of a few L* who were eager to visit their old home and were willing to join me; so, after getting some essentials like food and trade items, I left our post at N*. It was the end of the dry season, and many of the water sources were completely dry, and for a few days we even found the lack of water pretty challenging. The first two days of travel were through a mix of forest and grassland, with our guides avoiding the villages as much as they could.... After getting new guides from a small village, we entered an area that was almost entirely forested, and later went down into a dark valley still wet from the rain. According to our guides, we should be through it soon, but it wasn’t until the afternoon of the second day after we entered that we finally got out of the gloom. Several times we lost the trail, and I had little reason to blame the guides, as the undergrowth and a type of thorn palm were flattened in all directions by the elephants. It appeared to be a favorite hunting ground for them, and we got very close to a large herd, who took off at a furious pace, crashing through the small trees, trumpeting, and making an incredibly terrifying noise. On the second night in this forest, while looking for the trail, we stumbled upon a small village of people who had run away from the rubber district. When they realized we meant no harm, they welcomed us and offered whatever shelter they could. That night, another storm swept through the area and knocked down a rotten tree, with some branches crashing down near my tent and the small huts where some of the boys were sleeping. It was yet another extremely close call.”
“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.’
“Early the next day, one of the locals in this village guided us to the right road, and we quickly found ourselves on a path that had clearly been opened recently by a group of natives. ‘What is this?’ ‘Oh! It’s the road we used to take to bring rubber to the white men.’ ‘But why did you stop?’ ‘Well, everyone has either fled, been killed, or died of starvation, so there’s no one left to collect rubber anymore.’”
“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.’
“That day we walked for nearly nine and a half hours, passing through several large deserted areas. There were signs everywhere of a once-thriving population, but it was eerie and silent, with buffaloes wandering freely among the still-growing manioc and bananas. It was a somber day, and as the sun set, arriving at a large State post only deepened our sorrow. True, there was a comfortable house available for us, along with accommodations for the whole party; but we soon realized we had reached the center of what was once a densely populated region, known as C C*, from which many refugees near G* had fled. Here lived a white man named D E... He came to the area, and after seven months of horrifying actions, left it desolate. Some of the stories about him aren't suitable to share, but the local accounts are so consistent and widespread that it's hard to dismiss the idea that there was widespread murder and looting happening here. His successor, a man with a different character who was well-liked by the people, after more than two and a half years, managed to win back a few locals to the State post. I saw them in their miserable little huts, barely able to call their lives their own in the presence of the new white man (myself), whose arrival had left them all wondering. There was no risk of losing our way from this point. For many miles, it was a broad road, 6 to 10 feet wide, and wherever water could collect, logs were laid down. Some of these viaducts stretched for miles and must have required immense effort to construct; while we took pleasure in the ease of our journey, we couldn't help but imagine the many brutal scenes that likely accompanied the building of these massive logs. I want to stress how desolate and empty the land we traveled through appeared. It was clear that this area had only recently been a well-populated place, more densely populated than usual for this region. After a few hours, we arrived at a State rubber post. In almost every case, these posts are quite impressive, some even suggesting that several white men might be living there. But we found only one white man—the successor of D E. At one spot, I noticed human bones, skulls, and, in some areas, complete skeletons scattered in the grass around the post, which stands on the site of several large towns. When I asked why this was, my informant replied, ‘Oh! When the bambote (soldiers) were sent to make us gather rubber, so many were killed that we got tired of burying them, and sometimes we weren't even allowed to bury them.’”
“ ‘But why did they kill you so?’
“’But why did they kill you like that?’”
“ ‘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.’
“‘Oh! sometimes we were told to go, and the guard would find us cooking food in the forest, and he would shoot two or three to rush us along. Sometimes we would try to do a little work on our farms, so that when harvest time came we would have something to eat, and the guard would shoot some of us to remind us that our job was not to plant but to collect rubber. Sometimes we were forced to live for two weeks in the forest without any food and nothing to start a fire with, and many died from the cold and hunger. Sometimes the amount we brought back wasn’t enough, and then several of us would be killed to scare us into bringing more. Some tried to escape and died from hunger and deprivation in the forest while 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.’
“‘But,’ I said, ‘if the guards killed you like that, what was the point? You couldn't bring back more rubber when there were fewer people.’”
“ ‘Oh! as to that, we do not understand it. These are the facts.’
“‘Oh! As for that, we don’t get 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.’
“And looking around at the scene of devastation, at the neglected farms and unattended palm trees, one couldn’t help but believe that, for the most part, the story was true. Confirmation and even more horrifying details came from State sentries, and the testimony of a white man regarding the state of the country—the shocking conditions of the prisons at the State posts—only reinforced my belief again and again that, over the last seven years, this ‘private domain’ of King Leopold has been a genuine ‘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....”
“The current regime seems more bearable. A small fee is paid for the rubber now being collected. A bit of salt—let's say a penny's worth—for 2 kilograms of rubber, which sells in Europe for 6 to 8 francs. The collection is still mandatory, but compared to the past, the locals feel they are being treated fairly. Families and communities are starting to come together again, and villages are being reestablished; but oh! in such sadly reduced numbers, and with such painful gaps in the families.... Near a large State post, we saw the only sizable and seemingly normal village during the three weeks we spent in the area. From this, one could get an idea of what the population was like before the arrival of the white man and the pursuit of 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.”
It can be seen that the devastated area where the refugees I saw at N* came from is part of the "Domaine de la Couronne."
Inclosure 2 in No. 3.
(See p. 29.)
(See p. 29.)
(A.)
(A.)
The Rev. J. Whitehead to Governor-General of Congo State.
The Rev. J. Whitehead to the Governor-General of Congo State.
Dear Sir,
Dear Sir,
Baptist Missionary Society, Lukolela, July 28, 1903.
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’m honored to acknowledge receiving the Circular and the List of Questions regarding sleep sickness sent through 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.
I quickly do my best to respond because this issue is extremely important, and I hope that if I seem to go beyond my usual boundaries in sharing my thoughts about this terrible illness and related issues, my passion will be seen as coming from deep sadness and compassion for a vanishing community. I believe I will be fulfilling my duty to the state and His Majesty King Leopold II, whose desire for the facts in the interests of humanity has been well known for some time, if I try to express myself as clearly as possible about the needs of the people 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.”
The population of the villages of Lukolela in January 1891 must have been at least 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. I estimated from the decrease, based on the known deaths during the year, that if this rate continued, the population would drop to about 400 in ten years. Can you imagine my heartbreak when I counted them again on Friday and Saturday and found only 352 people, with the death rate rapidly increasing? I've also noticed a frightening decrease in the inland districts over the same number of years; three districts are nearly wiped out (those near the river), and others are clearly diminished. If something isn't done soon to inspire hope and alleviate their fear, which leads to unhealthy conditions and vulnerability to disease, the entire area will soon be left without a population. The pressure they’re under is suffocating; the food they desperately need is often mandated to be taken to the State post, along with grass, cane string, and baskets for the rubber (these last three items aren’t compensated); rubber must be sourced from the inland districts. Their Chiefs are being weakened in authority and health due to harsh imprisonment, and as a result of this diminished authority, they are often chained over shortages of manioc bread and rubber.
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]
In the riverside area of Lukolela, we've done our best as unofficial members of the State to address disease in every way we can; however, the State officials have never made any efforts to help the people of Lukolela recover or protect themselves from illness. During outbreaks of smallpox, when every moment counts for the community, I may have crossed the line as a private citizen in my approach to handling it. However, there's always been a huge challenge in providing food and nurses for the patients, even when the locals weren't forced to deliver their food supply to the State post. When food supplies and labor are controlled by a single authority, all voluntary help becomes ineffective. It's pointless for us to teach these struggling people about the importance of having enough nutritious food since we seem to them like mockers; they just point to the food that has to be taken to the post. A weekly tax of 900 brass rods' worth of manioc bread from 160 women, half of whom aren’t capable of doing much demanding work, leaves little room for them to hear lessons about food responsibility. Right now, they’re forced to provide a number of workers, and some of these are kept against their will after their contracts end; the villages need their men, but there are only eighty-two in the Lukolela villages at the moment, and I can see death looming 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.
The inland people and their chiefs are scared to go down to the river; recent events have really shaken their confidence. This fear isn't making them physically stronger; it's actually harming their health, whatever little health they have left. They dislike the forced “rubber” business and naturally try to escape it. If something isn’t done soon to provide these frightened and disheartened people with a sense of security and stability in their lives, sickness will soon claim many of them, and those who survive will see the white man, no matter his nationality or status, as their natural enemy (it’s almost that way already). Some have already vowed to die, to be killed, or do anything rather than be forced to collect “rubber,” which means imprisonment and likely death for them; they fully understand that what they’ve heard has been done can also be done to them, so they think it’s better to die sooner than later. The State has already battled them twice, if not more, but it’s pointless; they refuse to submit. A cave of Adullam isn’t something you can easily deal 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:—
May I take this opportunity to respectfully ask that the rights of these people be honored and that they receive the same caring attention a father gives to his children? Additionally, may I present a few suggestions that have come to my mind while witnessing this suffering community and considering their needs as medical research hopefully continues to tackle this dreadful epidemic? I propose the following as urgent necessities for the people living along the river:—
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.
1. The current small population of Lukolela should be asked to leave their homes and establish a community on the higher ground currently used for gardening, which has been depleted by years of growing manioc. This area is called Ntomba. They should also be asked to clear the underbrush on the beach where their homes are now and plant bananas, etc.
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.
2. No one who is known to have sleeping sickness should be allowed to live on the new site; instead, they should all be moved to a location further down the river. It will be the responsibility of the community to provide the sick with the necessary food and caregivers. The islands are not suitable, as they cannot be inhabited 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.
3. They must be required to bury their dead far away from their homes, and to dig graves that are at least six feet deep, instead of the current practice of shallow graves located very close 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.
4. They should be encouraged to build taller houses with more openings for sunlight and fresh air during the day, and with floors significantly elevated above the ground outside.
5. That a strong endeavour be made to get them to provide better latrine arrangements.
5. That a serious effort be made to get them to set up better restroom facilities.
6. That they be encouraged to give up eating and drinking together from the same dish or vessel in common.
6. They should be encouraged to stop eating and drinking together from the same dish or container.
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.
7. That the men be encouraged to continue their traditional activities of hunting, fishing, blacksmithing, etc., and that the women take care of their gardens and homes, and that they receive full protection in these responsibilities and in securing their property against State soldiers, workers, and anyone else who 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.
8. They won't be able to do any of the above unless the current mandatory system of the State taking their labor and food is replaced with 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.
9. That the chiefs or current representatives of the deceased chiefs among whom the land was divided before the state was established (I believe about three will be found at Lukolela itself) be recognized as the decision-makers in these matters, and that they be asked to use their collected levies (restored as before) from the produce, etc., of their lands to improve their towns and districts by building roads through their lands, etc.
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.
10. Appointing guards to enforce the above or any other helpful rules in any of the villages would be trying to fix the current terrible situation with a problem a hundred times worse.
All the above suggestions adjusted to suit the locality are equally applicable to the inland districts.
All the above suggestions tailored to fit the local area are also applicable to the inland districts.
In answering the list of questions I would say:—
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.
1. Sleep sickness is unfortunately very well known at Lukolela. It is common in all the river and inland areas. In the inland regions, I can't yet say whether it's more widespread than in the river districts; that can only be determined by spending more time there than I've had the chance to do so far. In the river district, I estimate that about half of the deaths are caused by sleep sickness. The cases don't come in waves like smallpox and measles do; there are too many people in one place who are unaffected at the same time. However, it will slowly wipe out entire families. The general belief among the locals is that the sickness came from downstream, and it was common—though not as much as now—long before our Mission was established here. In the past, a suspected case would be thrown into the river; however, I don't think there’s any evidence that they did anything different inland than they do today—caring for their sick without concern for the contagion to themselves or their friends, and, as they do on the beach, burying their dead close to their homes and in some cases living on 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.
2. From what I’ve seen (since January 1891), the sickness is widespread; in the river villages, the death rate gradually went up until 1894, when people completely lost hope and felt their homes were no longer safe. Then hunger, bad nutrition, fear, and homelessness made the death rate from sleeping sickness and other causes rise dramatically, and it has continued to increase, especially over the last two years. As the population gets smaller, the death rate increases even more frighteningly.
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.
3. The Lukolela district can be described like this: The shoreline is lined with trees, interrupted by one or two rivers, one of which flows quite a distance inland to an area that can be reached by a journey of at least three days overland at the shortest. There's some low-lying land associated with the rivers. The 6 miles below the Mission station is lower than the 8 miles above it. The highest point of our land is about 19 meters above high-water level, and there might be a further rise of about 3 meters farther upstream. The area I suggest relocating the people to is generally about 12 to 15 meters above high-water level. This ridge by the river gradually slopes down into low-wooded land and grassy plains that get flooded during high water, but are mostly dry at low tide; behind these rise small plateaus divided by low valleys filled with trees and grass. The people get most of their fish from the pools and streams in this low area; even when the river is at a medium level, traveling between the various plateaus where the villages and farms are located takes about half the time wading through water, sometimes reaching breast height.
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.
4. A large part of the population consists of slaves, mostly from the tributaries of the Equator region, with some from the Mobsi, Likuba, and Likwala communities on the north bank, some from Ngombe below Irebu, and others even from the Lake Léopold II district and other areas. All the tribes represented appear to be equally impacted, and neither slaves nor free people seem to receive any special 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.
5. To an ordinary observer, the men, women, and children all seem to be affected the same way. It's not always easy to tell the sickness apart from other illnesses because often the illness can lead to various complications; these complications can be really tough to deal with if sleep-sickness is involved. When a man in the prime of life has his reputation and spirit broken by fear and punishment, he loses interest in his home and refuses to eat or drink; a sleep-sickness patient will do the same. In all the cases we've seen with women, there is also a lack of menstruation; sometimes treatment for this has temporarily helped the patient, but in every similar case we've encountered, there has been a relapse. So, it would be hard to say whether the patient died from one cause or the other.
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.
6. People who are well-nourished don’t seem to succumb to the epidemic as quickly as those who are poorly nourished. Generally, the spread of the illness appears to be slower among those who are careful about their diet and lifestyle, but it can still affect even those who are very diligent about these things.
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.
There's a really bad habit among them: sometimes they'll go for days without eating, even though they have manioc, plantains, and other foods available, just because they don't have fish or meat to go with it. Sometimes they hold back on food to save their brass rods for something they really want. Nowadays, the locals aren't as careful about food prep, and it's done much more quickly; they eat manioc almost raw. They mostly grow bitter manioc because it produces more than other types. Plantains are often roasted, boiled, or made into pudding. They also really like palm nuts, and the oil from them is a big part of what they cook. Especially when there's no fish or meat, they use the leaves of manioc, which they crush and boil; however, this usually leads to headaches and stomachaches, but those pass in a few days if they stay active. They enjoy spicy food, and generally don’t mind eating rotten fish or meat. A lot of the dried fish they eat can also have maggots in it. Elephant meat often gives them diarrhea, and dog-headed bats do too; hippo meat usually causes mild constipation. I worry that a lot of diseases spread from person to person during food preparation. They often eat and drink together from the same bowl; they dip their hands into the food as they sit around the pot, and I can't say they're too careful about their hand hygiene. Clothing is usually minimal except for decoration; interestingly, the colder it gets, the less they wear, while in warmer weather, they wear more. Washing isn't really common among the locals. Generally, they like to keep their teeth clean, brushing daily and after every meal. They enjoy smearing their bodies with oil and camwood. Their hair often goes for weeks without being cleaned, either being left messy or styled as needed. They mostly sleep on raised wooden platforms, which range from about six inches to three feet off the ground. Unfortunately, they don't use much covering while sleeping, mostly wearing blankets during the day as clothing. Many, especially those staying temporarily, sleep directly on the ground with just a mat. Their houses on the beach are full of jiggers, bugs, mosquitoes, and other pests, but jiggers aren’t so common, and mosquitoes are rare inland. The people inland take great care of their water sources, but on the beach, they rely heavily on dark brown river water; some is taken from creeks, though it's quite dirty, filled with decayed plants and clay, and some comes from springs, which are just surface runoff over clay. They don't throw refuse or leftovers far from their huts, often leaving it quite close to the walls. During the day, they relieve themselves in the nearest sheltered spot without much thought, and in their current untidy surroundings, those spots are close by; at night, they aren’t as careful and will even go in the open or on paths everyone uses. The common belief is that disease is spread through secretions, yet oddly enough, the locals hardly take 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.
7. All the cases we've seen have been fatal. Sometimes we thought we might have helped with potassium iodide and cod liver oil, but if it was beneficial at all, it was only temporary. Based on our observations, the best cases, which received good care, lasted from one to three years from the first signs that seemed mental. Others, where food is quickly refused and neglect occurs, can end in just a few months or even weeks after the initial clear signs. The first symptoms appear to be mental, with lapses in thought, followed by physical pain in the lower back; this is often mistaken for hemorrhoids, leading people to seek usual treatments for that. Later, the pain spreads to the entire back and then to the head, especially at the back of the neck, and drowsiness overtakes the patient at inconvenient moments. Often, the eyes become vacant, the face looks gaunt, and anemia causes a pallor over the whole body; intelligence declines quickly, and often the patient dies with foam at the mouth. If burial doesn’t happen quickly, maggots soon appear in the body. When the locals start stuffing their remedies up the patient's nostrils to cure the "confusion of eyes" (a term they use to describe someone losing their sanity), the patient is likely to become violently unstable and will need to be restrained in stocks or other means.
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.
Isolation is definitely the first step to take, but figuring out when to start the isolation is a challenge, and once that’s decided, keeping up the isolation is even harder. The patients can’t just be left to die; they will need food, care (since they become very helpless in the end), and burial, and almost everyone who took on that work would likely end up succumbing themselves. Getting someone to come here and look after someone else's relative is nearly impossible through just moral persuasion.
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.
I should have mentioned earlier that the effort to create better houses, like the ones the young people and workers built in the small village next to the Mission station (made of wattle and daub, with nice high roofs), has been completely worthless. Very few of them will be able to stay for more than a year or two; the residents are showing troubling signs. We will need to burn them down after the occupants pass away.
Apologizing for trespassing on your attention at so great a length, I beg you to accept, &c.
Apologies for taking up so much of your time; I ask you to please accept, etc.
(Signed) JOHN WHITEHEAD
(Signed) JOHN WHITEHEAD
(B.)
The Rev. J. Whitehead to Governor-General of Congo State.
The Rev. J. Whitehead to the Governor-General of the Congo State.
Baptist Missionary Society, Lukolela, Haut Congo,
September 7, 1903.
Baptist Missionary Society, Lukolela, Haut Congo,
September 7, 1903.
Dear Sir,
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.
I recently visited the inland area of Lukolela with my wife, and I've heard accounts and witnessed evidence of what I believe to be both illegal and cruel incidents, which has filled me with anger and disgust. I feel it's my humanitarian duty, which I genuinely see as a call from God, to follow up on my letter to you about sleep-sickness and the overall decline of these communities and to back up some of my claims with the facts I know. I might be relying on unreliable sources for some of my statements, but to the best of my ability, I believe in the truth of what I’m sharing for 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 August 16, 1902, I brought to the attention of the Commissaire-Général in Léopoldville a murder committed by a soldier who shot two men while they were still chained. They had also sent a young man, who was unchained, to draw water from a pool about 2 kilometers away from the lower post of Lukolela, by a telegraph clerk named M. Gadot (M. de Becker was the Chef de Poste at the upper station). The soldier whipped the unchained youth with a chicotte he took from a house along the way, and the youth ran away, leaving the soldier to shoot the two men who remained. My letter was taken downriver by a steamer that passed in about a week. The officers in charge of the posts here did nothing until I received a letter on September 15, 1902, asking me to send my witnesses by the Chef de Poste. Those witnesses could have been gathered the same day as the incident if the officers had done their jobs. I went up with the witnesses I could assemble, and their testimonies were recorded. Nothing further happened until April 24 of this year, when I received a note from the State Agent here asking for certain people associated with our station, whose names he provided. He didn’t mention why they were needed in Léopoldville, but I figured it out. I could only send one of them since another had returned home, and another was near death. The man from the village, who was one of the witnesses I had taken earlier, was summoned to the State post and kept there, not allowed to go back to prepare for his trip to the pool. My apprentice and this man went to the pool to testify about the murder; on the way, the captain of the steamer ordered them off to gather and chop firewood. They hesitated, understandably, but out of a desire for peace, they did a little. In a heavy rainstorm, they were denied shelter on the large steamer and spent the night sitting on the beach—both of them under one fragile umbrella. When they arrived at the pool, nobody seemed to know why they were there; they were sent from one place to another until someone finally found a reason to interrogate them. The soldier involved was with his peers as if there were no trial and that no wrongdoing had occurred. Without the help of a friendly sister Mission, these two witnesses would have suffered greatly during the six weeks they were detained in Léopoldville; they had practically no shelter or food; even then, they were quite hungry. Eventually, they returned on our Mission’s steamer. It seems that the only ones to suffer in this situation were myself, from the loss of my apprentice for six weeks, and his loss of six weeks’ wages, along with significant discomfort and the absence of the man from the village—not much in the eyes of the State officials, but a lot to them; all their suffering can be traced back to me because if I hadn’t alerted the Commissaire to the murder, there would have been no need for witnesses, as no one would have mentioned it. Given how this matter was handled and how the witnesses I provided were treated, I hesitate to bring other issues to light. The treatment of these witnesses only increases the distrust of the State, which is pervasive here. I therefore appeal for fair treatment of witnesses and those who expose wrongdoing.
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.
On March 6, 1903, I reported to the State Agent here (M. Lecomte) that I had seen a Chief named Mopali of Ngelo at Mibenga, who had been taken from the Lukolela post, where he had been imprisoned, in order to pressure his village into producing more rubber. His head had a wound that looked like it was made by some kind of iron tool, his lips were swollen as though he had received a hard blow, and his legs were injured as if struck with sticks. He and his bearer claimed that these wounds were inflicted while he was chained and forced to carry firewood. M. Lecomte responded that he had seen this man before his departure, and he was fine then, and he asked for my witnesses. I said that the man himself and his bearer were my sources. He expressed a desire to identify the perpetrators. Nothing further was heard about the case, so I later informed the Directeur-Général in Léopoldville by letter dated July 10 of the facts. Meanwhile, up to now, I have not heard of any actions being taken regarding this matter, only a report of a similar incident.
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 was in the village of Mopali on August 18th, and I asked about the poor guy; some said he was dead, but most said that his wife had taken him away, as he requested, so he wouldn’t be found. He was afraid of the State chaining him up again. From them, I learned he had been treated even worse than I initially knew; they told me that his feet had been mutilated to the point where he thought he would never walk again, and those who had seen him last said he got around by dragging himself on his butt. I asked them directly if they knew how he got his injuries; was it not after he left the white man’s presence? In unison, the little crowd I questioned replied, “No; he got those injuries while he was chained.” I also gathered that initially, they were forced to collect five baskets of rubber, and to make them collect ten, they had chained up Mopali, and that two more baskets had been added recently.
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.
I also learned that the young man who had fled from the soldier during the murder of the two chained prisoners was dead. I asked why he was imprisoned at the post; they explained that he was captured while trying to free his master from the chain around his neck, which had been put on him to extract more rubber from his village, and both the young man and his master were now dead. They told me these details and asked if they were fair. Even a seasoned Jesuit would find it hard to say yes. I could only feel ashamed and respond that they were unfair.
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.
On August 17th, at Mibenga, the Chief, Lisanginya, told me in front of others that they had taken the usual tax of eight baskets of rubber. He was summoned (I think it was June 8th when he passed by our station), and the white man (with M. Lecomte and M. Gadot also present) said the baskets were too few and that they needed to bring three more. Meanwhile, they put a chain around his neck, and the soldiers beat him with sticks. He had to cut firewood, carry heavy loads, and haul logs along with others. For three mornings, he was forced to carry the container from the white man’s latrine and empty it in the river. On the third day (it’s sickening to say), a soldier named Lisasi made him drink from it. A young man named Masuka was also chained at the same place and time and witnessed this. When they brought the three extra baskets, he was released. He was sick for several days after he got back. I mentioned this in my letter dated July 28th, but it was such a horrible thing that I waited to write down the additional details until I had heard it directly from him. I feel ashamed every time I hear the reputation of the State wherever I go, that when they chain a man at the post, they might force him to drink the white man’s waste.
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.
On the evening of August 21st, while returning to Mibenga from the more inland town of Bokoko, Mrs. Whitehead and I saw Mpombo from Bobanga, a village in Mbongi, quite a distance inland. He was in terrible shape. He said he had brought ten baskets of rubber to the post, but they wanted one more, so they chained him up to get it. He mentioned that he had been mistreated by Mazamba, who was in charge of him. In his complete exhaustion, he had stayed at Libonga (a village on the way) to recover for about thirteen days. I can't imagine how bad he must have been when he got there; he looked awful when I saw him at Mibenga. His left wrist seemed to be broken (broken by a log that was too heavy for him and slipped off his shoulder), one finger on his right hand was badly bruised and had developed a large sore (he said this was from a stick he had been beaten with), his back was badly bruised, his left shoulder was heavily bruised and showed signs of being slashed with a knife, his left knee was bruised, and his feet were swollen from being severely beaten. Overall, he was in very bad 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.
Later, I met Mabungikindo, a Chief from Bokoko, a big town inland, who was also returning from the camp where he had been held to get three more baskets of rubber. I heard that their rubber tax had doubled this year, and this was to get three more on top of that. Poor guy! How thin his sturdy 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 felt embarrassed. He asked me if we did that kind of thing in our country. I said we didn’t. And he said, this is how the State treats us: gives us this medal, then chains up the wearer and beats him. Is that good? Do you wonder, Sir, that the natives hate the State and that its reputation is nearly impossible to redeem here? Again and again, I had the unfortunate experience of meeting men returning from imprisonment over rubber. The State, through its Agents at Lukolela, is pushing these undisciplined people to desperation and rebellion. There’s a rumor going around from the State post that soldiers are coming from Yumbi to fight the inland people because of some words that have come back from Bolebe and Bonginda. If we’re going to have another war, it will be one that’s caused by this kind 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.
Let me take a moment of your time to share another story of injustice that rivals anything done by these savages. On August 14th, the Chiefs at Mibenga struggled to get their young men to transport a tax of 500 mitakos' worth of manioc bread. This was because a young man named Litambala had run away from the post. The carriers usually came back the next day, but it wasn't until the morning of Sunday, the 16th, that they arrived, and it was discovered that one of them, named Mpia, had been chained up in place of Litambala. Treating a market this way is seen as pure treachery in the eyes of the locals (and rightly so). Why was Litambala held captive? Let me explain. Not long ago, a young man named Yamboisele lived by the river, though originally from Mibenga. He caught smallpox, and I nursed him through a very severe case. It took diligent and careful care for him to survive. After he recovered, he did odd jobs at the station but unfortunately became dishonest. When he was caught, he was dismissed. I thought he would return home, but he took a position with the State. Eventually, he ran away, and despite taking this job without his people's knowledge, his Chief, Lisanginya, was called in, and they chained him up as a hostage for Yamboisele. Shortly after, he was released on the promise of sending someone in return, and they sent a young man named Bondumbu. Soon after, Yamboisele showed up at Mibenga, and they brought him to the post and asked for Bondumbu's release. They refused to let Bondumbu go and also held Yamboisele. Shortly after, reports say Yamboisele was sent with 2,000 mitakos and 10 demijohns for water to the lower post, which was some distance downriver, and he took off with everything to the French side. When the carriers returned from Mibenga on Saturday, May 16th, they chained up Moboma, and the soldiers beat him; I personally saw the marks from the blows. The other young men pleaded for him not to be tied up since he wasn't from the same Chief, so they let him go and chained up Manzinda instead. The following week, they released him and chained up Mola, who had also come down 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.
After two weeks, the white man (the locals say it was M. Gado) sent Mango (a local from the village of Lukolela, who wasn't employed by the State at that time) to find someone to work in place of Mola. Chief Lisanginya was away at the time, but Mango managed to capture Litambala and brought him to the State, freeing Mola. Litambala worked for a short while, but eventually he was assigned a task he felt he couldn't handle, so he ran away. The week after Mpia was chained, there was so much trouble finding carriers for the manioc bread and a lot of blame thrown around in the village that Mombai, a strong and hardworking man, went to the post and turned himself in to free Mpia. However, Yamboisele hasn’t been seen since.
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've recently come across several cases of a form of slavery being practiced at the post. Here’s what happens: a man starts working at the post for various reasons—sometimes his own, sometimes not. He finishes his term, then he’s told he can’t get paid unless he commits to another term or brings someone to take his place. I know people who have left their earnings with the Chef de Poste rather than start over. This kind of coercion is against civilized law, and it’s rightly called slavery, as it is completely illegal. I’ll share one relevant case—a recent one. On August 26th, I saw a young man named Ngodele at Mibenga; I recognized that he was from the State post, so I asked why he wasn’t working. I was told his term had ended, and the white man had sent him to say that he’d get paid once they sent someone else to replace him. I found out that Ngodele had been forced to go by his Chief because the Chef de Poste required someone to fill the position of another man 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.
I urge you, Sir, to put an end to these actions against your people and to stop tarnishing the reputation of the State.
Accept, &c.
(Signed) JOHN WHITEHEAD.
Accept, etc.
(Signed) JOHN WHITEHEAD.
Inclosure 3 in No. 3.
(See p. 33.)
(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.
Statement about the Condition of the Natives in the Lake Mantumba region during the Rubber Wars that started 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 disruption caused by the attempt to impose a rubber tax in this district, a tax that has since been dropped, seems to have lasted until 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.
The population during these ongoing wars decreased, I estimate, by about 60 percent, and the remaining 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.
During the years 1893-1901, the Congo State started requiring the locals to collect rubber and insisted that the people in the area could not leave to sell their goods 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 country’s population back then wasn’t very big, but there were many villages full of lively people—lots of kids, looking healthy and playful. They had nice huts and large fields of plantains and cassava, and they seemed quite well-off, as most of the women were decorated with brass anklets, bracelets, neck rings, and other jewelry.
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:—
The following is a list of towns or villages—showing their approximate population in 1893 and now. These numbers are estimated very accurately:—
—————+———-+———-+—————————————————-
| 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.
—————+———-+———-+—————————————————-
Sure, I can help with that. Please provide the text you'd like me to modernize.
| 1893. | 1903. | Remarks.
+———-+———-+————————————————
Bot | 500 | 80 |
Bosende | 600 | —- |
Ngombe | 500 | 40 | These aren't located in the old village,
| | | but nearby.
Irebo | 3,000 | 60 | Currently 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 a few small groups of huts.
Mwebe | 700 | 75 |
Ikoko | 2,500 | 800 | Including fishing camps.
Sure! Please provide the text you'd like me to modernize.
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:—
This list can be expanded to include twice as many villages, and in every case, there has been a significant drop in the population. This has largely been due to the extreme actions taken by State officials and the freedom the soldiers have to do whatever they want. There are more people in the area near the mentioned villages, but they are hiding in the bushes like hunted animals, using only a few branches for shelter because they don't trust that the current calm will last. They lack the motivation to build homes or plant proper gardens. In all the mentioned villages, there are very few decent huts, and when the locals are encouraged to construct better houses for their health, they respond that there’s no benefit in building good homes or creating large gardens, as this would only give the State more control over them and lead to higher demands. The decline 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.
1. O* was abandoned due to the demand for rubber by M. N O and several others in similar situations. The locals moved 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.
2. “War,” where children and women were killed along with men. Women and children weren't just victims of stray bullets; many were captured and killed. Unfortunately, these terrible acts weren't always committed by some rogue soldier. Evidence was presented against one officer who shot a woman and a man while they were in front of him, handcuffed, and didn't even try to deny it. To the tally of those killed in the so-called “war,” we have to add a large number of those who died as prisoners of war. Others were taken to distant camps and never returned. Many young people were sent to Missions, resulting in a staggering death rate. For example, ten children were sent from a state steamer to a Mission, and despite being in comfortable conditions, only three were alive after a month. The others died from dysentery and bowel issues that developed during the journey. Two more managed to hang on for about fifteen months but never regained their health and eventually passed away. In less than two years, only one of the ten had survived.
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.
3. Another reason for the decline is that the locals are physically weakened due to inconsistent and inadequate food supply. They can't fight off illnesses like they used to. Despite promises that things will not return to the way they were, the locals are unwilling to build decent homes, create large gardens, or make the most of their new environment— they lack ambition because they lack hope, and when illness strikes, they seem indifferent.
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.
4. Again, a lower percentage of births decreases the population. Weakened bodies are one reason for this. Another reason is that women choose not to have children and take steps to avoid motherhood. They argue that if “war” breaks out, a woman “pregnant” or with a baby to carry cannot easily escape and hide from the soldiers. Confidence will surely be restored, but it takes time.
There are two points in connection with the “war” (so-called):—
There are two points related to the "war" (as it's called):—
(1.) The cause.
(2.) The manner in which it was conducted.
The reason.
(2.) The method of execution.
(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.
(1.) The locals had never obeyed anyone other than their own Chiefs. When Leopold II became their King, they didn’t even realize it was happening, nor did they have a say in the new arrangement. They were given demands they didn’t understand and questioned why they should obey this outsider. Some of the requests were reasonable, but others were completely impossible. The G H* people and the O* group of towns were asked for large amounts of rubber. There wasn’t much available to them, and being a stranger in an unfamiliar part of the forest was dangerous. The O* people offered to pay a monthly tribute of goats, chickens, etc., but M. N O insisted on rubber, so they withdrew their offer. The G H* frequently suffered from warfare, and many lost their lives. Now they provide what they likely would have offered without losing anyone: kwanga, fresh meats, roofing materials, and mats. Rubber was requested from others as well, leading to conflict. These groups are now supplying the State with fish and chickens.
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.
Another major cause of conflict came from the actions of the local soldiers. Generally, their accusations against other locals were accepted as fact without needing proof. For 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 filled with manioc were also confiscated, and the relatives of the deceased and the owners of two of the canoes requested that they could retrieve the canoes and food, and take the bodies for burial. This request was denied. It was claimed that the people were shot while trying to defect from the State to French territory. The chief who was killed was actually returning after delivering a message from M. O P to a village and was shot east of the camp and his home, while “France” was to the west. The soldiers stated that the people were ordered to stop but refused, and were shot as they paddled away. However, they had actually landed when called by the soldiers; they were tied up, and then shot. One woman struggled when she was shot and managed to break free from the vines binding her feet, and despite being wounded, she tried to escape. A second bullet caused her to fall, but she got up and ran a few steps before a third bullet took her down. All of their hands were removed—i.e., the right hand of each—as proof of the loyalty of the soldiers. M. O P shot two of the soldiers, but the party's leader was not shot, even though he orchestrated the entire incident and provided M. O P with 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.
A Chief complained that certain soldiers had taken his wives and stolen all his belongings that they wanted. He didn’t complain about the “tax” that the soldiers had gone there to collect, but talked about the cruelty and oppression of the soldiers for their own benefit. The white officer kicked him off the porch and accused him of lying. The Chief turned around, his face filled with rage, stood silently looking at the white man, and then walked away; two days later, a report came that all the soldiers, along with their wives and followers, had been killed in that Chief’s town. Shortly after, the white officer who refused to fix things, along with another Belgian officer, was killed along with several of their soldiers during an expedition meant to punish the Chief and his people for killing the first group 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.
After the demand for rubber stopped, labor was needed in some areas. A significant number of women from this village had to travel to P* every week to work there for two days. They returned on the third day. Almost every week, there were complaints that someone's wife had been taken by a soldier, and when it was suggested that the husband should report the issue to the white man himself, they would respond, “We can’t.” Their fear was more about the black soldiers than the white man.
(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.
(2.) The way this war was fought was very off-putting to anyone with European views. The locals attacked P* and O*, but that only happened after many expeditions had been launched against them, and the entire population turned against the “white man.” In 99 percent of the “wars” in this area, the reason was simply the people's failure to provide produce, labor, or men as requested by the State. There was the long struggle with L L L, who resisted State authority for a long time; however, he was initially known as a quiet man who tried to get along with the State. He only began his path as a fighter after he had gone to assist M. N O. After M. N O left for Coquilhatville, L L L returned, made demands, and fought the people as he had done when M. N O was 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.
When M. N O heard about this, he got really angry and called the Chief a “brigand,” claiming that he would be punished. For various offenses, he was put “on the chain,” and some time later, the fight happened (during which two white men were killed), and he teamed up with others in a failed effort to get rid of 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.
In most of the fights, the locals were just trying to defend themselves and their homes from attacks by black soldiers sent to “punish them for not fulfilling their responsibilities to the State;” and while the reasons for the conflict were weak, the manner in which it was conducted was often shocking. Reports indicated that these soldiers were frequently deployed to attack a village without a white officer present, which led to uncontrolled brutality.
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.
It is claimed that canoes have been spotted coming back from faraway trips without a white man in charge, with human hands hanging from a stick in the front of the canoe—or in small baskets—being delivered to the white man as evidence of their bravery and commitment to their duty. If even one out of fifty native reports is true, there has been a significant failing on the part of some white men. They are also accused of forgetting the topics and realities of war.
Statements made to me by certain natives are appended.
Statements made to me by some locals are included.
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.
Many similar comments were directed at me while I was at Lake Mantumba, some of which were made by local men and are inappropriate to repeat.
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.
I was born in K K*. After my father passed away, my mother and I moved to L L*. When we returned to K K* shortly after, P Q came to confront us over rubber. K K* didn’t want to hand over rubber to the white man. We, along with our mothers, ran deep into the bush. The Bula Matadi soldiers were very strong and fought fiercely; one soldier was killed, and they killed one K K* man. Then the white man said we could go home, and they returned home, and we came out of the bush, too. This was the first fight. After that, another battle occurred. My mother, grandmother, sister, and I ran into the bush again. The soldiers came and fought us, leaving the town to chase us into the bush. When they got close, they started calling my mother by name, and I almost answered, but my mother covered my mouth to silence me. Then they moved to another side, and we left that spot and went to a different one. If she hadn’t stopped me from replying when they called her, we would have all been killed then. A large number of our people were killed by the soldiers. The survivors buried the dead, and there was a lot of crying. After that, there was no fighting for a while. Then the soldiers returned to attack us, and we fled into the bush again, but they actually came to fight M M*. They killed many M M* people, and then one soldier came to K K*, and the K K* people killed him with a spear. When the other soldiers heard that their comrade was dead, they came in large numbers and followed us into the bush. Then the soldiers fired shots, and some people were killed. Later, they spotted a bit of my mother’s head, and the soldiers rushed toward us and captured my grandmother, my mother, my sister, and another little one, younger than us. Several soldiers argued over my mother because they all wanted her as a wife, and they ultimately decided to kill her. They shot her with a gun—right through the stomach—and she fell. When I saw that, I cried a lot, because they killed my mother and grandmother, and I was left all alone. My mother was close to giving birth at that time. They also killed my grandmother, and I witnessed it all. They grabbed my sister and asked where her older sister was, and she said, “She just ran away.” They told her to call me. She called my name, but I was too scared and didn’t answer; I ran and ended up somewhere else, and I could barely speak because my throat was very sore. I found a bit of kwanga lying on the ground and picked it up to eat. That place used to be crowded, but when I arrived, it was empty. My sister was taken to P*, and I was left there alone. One day, I saw a man coming from the backcountry. He was going to kill me, but later he took me to a place where there were people, and I met my step-father there... He tried to buy me from this man, but the man refused. He said, “She’s my slave now; I found her.” One day, the men went fishing, and I noticed the soldiers approaching, so I ran, but my foot got caught on something and I fell, and a soldier named N N N captured me. He handed me off to another soldier, and as we walked, we saw some Q* people fishing, and the soldiers took a lot of fish from them, along with a Q* woman, and we went to P*, where they took me to the white man.
(Signed) Q Q.
(Signed) Q Q.
Signed by Q Q before me,
(Signed) Roger Casement,
His Britannic Majesty’s Consul.
Signed by Q Q in my presence,
(Signed) Roger Casement,
Consul of His Britannic Majesty.
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.
I, R R, came from N N*. N N* and R* fought, and they killed several R* people. One R* man, O O O, took a man and sent him to L L L to tell the white man to come and fight with Nkoho. The white man who first fought with N N* was named Q R.* He fought with us in the morning; then I ran away with my mother. Later, the men came to call us back to our town. As we were returning, we asked how many people were killed, and they told us three died. Q R had burned down all the houses, so we scattered to other places again; only some of the men stayed behind to rebuild. After a while, we returned to our town and started 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*.
We stayed in our town for a long time, then the white man who first fought with N N* went and told R S that the N N* people were very strong, so R S decided to come and fight us. When he arrived at O*, we heard the news; it was the season of high water. We got into our canoes to escape, but the men stayed behind to face the soldiers. When the white man arrived, he didn't fight them during the day but went to the back and waited for night. When the soldiers came at night, the people fled, so they didn't kill anyone, only a sick man they found in a house, whom they killed and badly disfigured. They searched for all the native money they could find, and in the morning, they left. After they left, we returned to our town, but we found it completely destroyed. We stayed in our town for a long time; the white man didn't return to fight 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 workers for him and also to send goats. The N N* people refused, so he came to fight our town. When we were warned that the soldiers were coming, we started to run away. My mother told me to wait for her to gather some things, but I insisted we had to go now since the soldiers were approaching. I ran away and left my mother, joining two elderly people who were also escaping, but we were caught, and the old people were killed, and the soldiers made me carry the baskets with the belongings of the dead and the hands they had cut off. I continued with the soldiers. Then we arrived at another town, and they asked me for directions and the name of the place, and I said, “I do not know;” but they threatened, “If you don’t tell us, we’ll kill you,” so I revealed the name of the town. Then we went into the bush to look for more people, and we heard children crying, and a soldier rushed over and killed a mother and her four children, and then we stopped searching in the bush, and they again asked me to show them the way out, and if I didn’t, they would kill me, so I showed them the way. They took me to R S, and he told me to stay with the soldier who had captured me. They tied up six people, but I couldn’t count how many were killed because there were too many. They captured my little sister and killed her, then threw her into a house and set it on fire. After that, we went to OO*, where we stayed for four days, then we moved to P P*. The people there ran away, so they killed the P P* Chief. We stayed there for several days; then we went to P*, and from there we moved on to Q Q*, where they put the prisoners in chains, but they didn’t chain me, and then he (R S) went to fight with L L*, killing many people and six tied up. When he returned from L L*, we started and went 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.
My father was killed in the same battle where I was captured. My mother was shot by a guard at N N* after I had left.
(Signed) R R.
(Signed) R R.
Signed by R R, before me,
(Signed) Roger Casement,
His Britannic Majesty’s Consul.
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.
S S came from far away in R R*. One day, soldiers came to her town to fight; she didn’t realize they had come to battle until she saw people from the other side of town running towards their end, and then they started to run away too. Her father, mother, three brothers, and sister were with her. About four men were killed in the chaos. It was during this fight that one of the station girls, P P P, was taken prisoner. After several days, during which they stayed in other villages, they returned to their own town. They had only been back a few days when they heard that the soldiers who had been in other towns were heading their way too, so the men gathered their bows and arrows and went 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 work in their garden; while there, S S told her mother she had dreamed that Bula Matadi was coming to fight with them, but her mother said she was just making up stories. After that, S S went back to the house, leaving her mother in the garden. After a little while in the house with her younger brother and sister, she heard gunfire. Upon hearing that, she picked up her little sister and a big basket filled with native money, but she couldn’t manage both, so she left the basket behind and ran away with the youngest child; the little boy ran off by himself. The older boys had gone ahead to wait for the soldiers in the next town. As she passed by, she heard her mother calling her, but she told her to run in another direction, while she continued with her little sister. She found her sister rather heavy, making it hard to run fast, and many people passed by her, leaving her alone with the little one. Then she left the main road and hid in the bush. When night fell, she tried to find the road again to follow the group that had passed her, but she couldn’t find them, so she ended up sleeping alone in the bush. She wandered in the bush for six days until she came upon a town named S S*[22]. In this town, soldiers were fighting as well. Before entering, she dug up some sweet manioc to eat because she was very hungry. She searched for a fire to roast her sweet manioc but couldn’t find one. Then she heard voices, so she hid her sister in an abandoned house and went to check on the people she heard, hoping they were from her own town. However, when she got to the house where the noise was coming from, she saw one of the soldier's boys sitting at the door and realized she didn’t understand their language, so she knew they weren’t her people. Scared, she ran away in the opposite direction from where she had left her sister. Once outside the town, she paused and remembered that her parents would scold her for leaving her sister, so she went back that night. She found a house where a white man was sleeping; she saw a sentry on a deck chair outside, apparently asleep, which allowed her to slip past him. She then went to the place where her sister was, picked her up, and began to run again. They spent the night in an abandoned house at the edge of the town. Early the next morning, the white man sent soldiers to search for people all over the town and in the houses. S S stood outside in front of the house, trying to help her sister walk, as she was very tired, but the little sister couldn’t run from weakness. While they were outside, the soldiers found them and took both girls. One soldier said, “We could keep them both; the little one isn’t bad-looking,” but the others said, “No, we aren’t carrying her all the way; we have to kill the youngest girl.” So they stabbed the child in the stomach and left her body where they had killed her. They took S S to the next town as instructed by the white man for them to fight. They didn’t return to the house where the white man was but went straight to the next town. The white man’s name was C D.[23] The soldiers gave S S something to eat along the way. When they arrived at this next town, they discovered that everyone had fled.
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.
In the morning, the soldiers wanted S S to go look for manioc for them, but she was scared to go out because they seemed like they wanted to kill her. The soldiers beat her badly and started to drag her outside, but the corporal (N N N) came, took her by the hand, and said, “We can’t kill her; we need to take her to the white man.” Then they returned to the town where C D was, and they showed him S S. C D handed her over to a soldier. In this town, she found out they had captured three people, including a very old woman, and the cannibal soldiers asked C D to let them eat the old woman, to which C D agreed. The soldiers then killed the woman, cut her up, and ate her. S S witnessed all this. The next morning, the soldier assigned to her was sent on duty by C D, and before he left, he told S S to gather some manioc leaves close to the house and cook them. After he left, she went to do what he said, but those cannibal soldiers went to C D and claimed that S S was trying to escape, so they wanted to kill her; C D told them to tie her up. The soldiers tied her to a tree, and she had to stand in the sun for nearly the whole day. When the soldier responsible for her returned, he found her tied up. C D called to him to ask about S S, so he explained to C D what he had instructed S S to do, allowing him to untie her. They stayed in that location for several days, then B D asked S S if she knew all the nearby towns, and she said yes. He then told her to lead them to catch people. They came to a town and found only one woman who was dying from illness, and the soldiers killed her with a knife. In several towns, they found no people, but eventually, they reached a town where many people had gathered, not knowing where else to go, because the soldiers were fighting everywhere. In that town, they killed many people—men, women, and children—and took some prisoners. They cut off the hands of those they had killed and brought them to C D, spreading the hands out in a row for him to see. After that, they left to return to Bikoro, taking many prisoners with them. They just left the severed hands behind because the white man had seen them, so they didn’t need to take them to P*. Some soldiers were sent to P* with the prisoners, but C D and the other soldiers went to T T* where another white man was. The prisoners were sent to S T. S S spent about two weeks at P*, then she escaped into the bush at P* for three days, and when she was found, she was brought back to S T, who asked her why she had run away. She replied that it was because the soldiers had beaten 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.
S S’s mother was killed by soldiers, and her father died from starvation, or more accurately, he chose not to eat because he was grieving for his wife and all his children.
(Signed) S S.
(Signed) S S.
Signed by S S before me,
(Signed)
Roger Casement,
His Britannic Majesty’s Consul.
Signed by S S before me,
(Signed)
Roger Casement,
Consul of His Britannic Majesty.
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.
States she belonged to the village of R*, where she lived with her grandmother. R* was attacked by the State soldiers a long time ago. It was during S T’s time. She doesn’t know if he was with the soldiers, but she heard the bugle blow as they were leaving. It was in the afternoon when they arrived, and they started capturing and tying up the people, and killed many of them. A lot of people—she thinks maybe fifty—ran away, and she was part of the crowd, but the soldiers chased them down and killed everyone except her. She was small, so she slipped into the bushes. The number of people killed was large, including many women—there weren’t many children. The children had scattered when the soldiers showed up, but she stayed with the adults, thinking it might keep her 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.
When they were all killed, she stayed hidden in the grass for two nights. She was really scared, her throat was dry from thirst, and after looking around, she eventually found some water in a pot. She spent a third night in the grass, and when buffaloes came close, she was really frightened, but they eventually left. When morning came, she decided it was better to move and climbed a tree. She went three days without food and was extremely hungry. From the tree, she was near her grandmother’s house, and when she saw no soldiers around, she quietly crept to her grandmother’s house, grabbed some food, and climbed back up the tree. The soldiers had gone off to hunt for buffalo, which is when she felt safe enough to get down from the tree. When the soldiers returned, they approached the trees and bushes, calling out, “Now we see you; come down, come down!” They did this to trick people into thinking they had been found, so they would surrender; but she decided to stay hidden in the tree. Shortly after, the soldiers left, but she was still too scared to come down. Eventually, she heard her grandmother calling out to check if she was alive, and upon hearing her grandmother’s voice, she knew the soldiers were gone. She answered, though her voice was very quiet, and then 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.
That was the first time. Soon after, she and her grandmother went to a town called U U*, near V V*, and they spent several days there together when one night the soldiers showed up. The white man sent the soldiers because the U U* people hadn't delivered what the State instructed them to. Neither her people nor the U U* people knew there was any issue with the Government, so they were taken by surprise. She was asleep. Her grandmother—her mother's mother—tried to wake her, but she didn't realize it. She felt the shaking, but she didn't care because she was still tired.
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.
The soldiers quickly entered the house—her grandmother had just rushed out. When she heard the sound of the soldiers outside and noticed her grandmother was gone, she ran outside and called for her. As she ran, her brass anklets jingled, and someone chased after her, 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.
There weren’t many soldiers, just a few boys with one soldier (Note.—She means a corporal and some untrained men.—R. C.), and they had only captured one woman along with herself. In the morning, they started looting the houses, taking everything they could find.
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.
They were taken to a canoe and went to V V*. The soldier who caught her was the guard at V V*. She was kept at V V* for about a week with the guard, and when the V V* people brought their weekly supplies over to P*, she was sent along. The other woman who was taken to V V* was freed by her friends. They came to V V* for her, and the guard let her go for 750 rods. She saw the money being paid. Her friends also came to try to free her, but the guard refused, saying the white man wanted her because she was young—the other woman was old and couldn’t work.
(Signed) T T.
(Signed) T T.
Signed by T T before me.
(Signed)
Roger Casement,
His Britannic Majesty’s Consul.
Signed by T T before me.
(Signed)
Roger Casement,
Consul for His Britannic Majesty.
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.
When we started to run away from the fighting, we escaped multiple times. They didn’t catch me because I was with my mom and dad. Then my mom died; four days later, my dad also passed away. My older sister and I were left with two younger kids, and soon the fighting reached where we had fled. My older sister called out to me, “U U, come here.” I went over. She said, “Let’s run away, because we don’t have anyone to take care of us.” While we were escaping, we saw a lot of W W* people coming towards us. We warned them to run away because the war was coming. They asked, “Is that true?” We replied, “Yes, they are coming.” The W W* people said, “We won't run; we haven’t seen the soldiers.” Soon enough, they spotted the soldiers, and they were killed. We stayed in a town called X X*. A male relative called me, “U U, let’s go,” but I didn’t want to. The soldiers arrived there; I escaped on my own and hid in the bushes. While I was running, I encountered an old man who was fleeing from a soldier. The soldier fired a gun. I wasn’t hit, but the old man died. Later, they caught me along with two men. The soldiers asked, “Do you have a father and mother?” I replied, “No.” They threatened me, saying, “If you don’t tell us, we’ll kill you.” I said, “Father and mother are dead.” After that, my oldest sister was caught too, in the bushes, and they left my little brother and sister alone in the bushes to die, because heavy rain came, and they hadn’t eaten in days. At night, they tied my hands and feet to prevent me from escaping. The next morning, they captured three people—two of whom had children; they killed the kids. Later, I was outside when a soldier asked me, “Where are you going?” I said, “I’m going home.” He replied, “Come on.” He took his gun, put me in a house, and intended to kill me. Then another soldier came and took me away. We heard a loud noise; they told us the fighting was over, but that wasn't true. While we were on the way, they killed ten children because they were very small; they killed them in the water. Then they killed many people, cutting off their hands and putting them into baskets to take to the white man. He counted the hands—200 in total; they left the hands lying around. The white man’s name was “C D.” Afterward, C D sent us prisoners with soldiers to P* to S T. S T told me to weed the grass. While I was working outside, a soldier came and said, “Come here,” and when I approached, he tried to cut off my hand. So, I went to the white man to tell him, and he punished 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....
On our way to P*, the soldiers spotted a little kid, and as they moved to hurt it, the child just laughed, so one of the soldiers took the butt of his gun and hit the child with it, then cut off its head. One day, they killed my half-sister and decapitated her, along with cutting off her hands and feet, just because she was wearing rings. Her name was Q Q Q. Then they captured another sister and sold her to the W W* people, where she is now a slave. When we arrived at 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. Many were bought off, but I had no one to come for me because my father had passed away. The white man told me, “You shall go to....” The white man (S T) assigned me a small boy to look after, but I thought he would be killed, so I helped him escape. S T asked me to bring the boy to him, but I said, “He has run away.” He threatened to kill me, but....
(Signed) U U.
(Signed) U U.
Signed by U U before me.
(Signed)
Roger Casement,
His Britannic Majesty’s Consul.
Signed by U U before me.
(Signed)
Roger Casement,
Consul for His Britannic Majesty.
Inclosure 4 in No. 3.
(See p. 34.)
(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.
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 regarding other similar cases of mutilation in that district.
I found this man in the ... station at Q* on , 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:—
I found this man at the ... station in Q* on , and learned that he had been taken care of by the missionaries for several years, ever since a group of local teachers discovered him in his own town, which was located in the forest a few miles from Q*. When I asked him how he lost his hands, V V explained 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.”
“State soldiers came from P*, and attacked the R R* towns, burning them and killing people. They then attacked a town called A B* and burned it, killing people there too. After that, they moved on to L L*. The people of L L* fled into the forest, leaving a few of their number behind with food to offer to the soldiers—among them was V V. The soldiers arrived at L L*, under the command of a European officer whose native name was T U. The soldiers captured all the men left in the town and tied them up. Their hands were tied very tight with native rope, and they were kept outside in the open; as it was raining heavily, and they were in the rain all the time and all night, their hands swelled because the thongs constricted. V V’s hands had swollen terribly by morning, and the thongs had cut into the bone. When the soldiers came to L L*, they had only one native prisoner with them; he was killed during the night. At L L* itself, eight people, including V V, were taken prisoner; all were men, two were killed during the night. Only six 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 returned to L L* during the night to secretly try 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 completely 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 doesn’t 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 V V’s hands against the tree with their rifle-butts. His hands eventually fell off (or sloughed away). When the soldiers left him by the waterside, he got back to L L*, and when his people returned from the forest, they found him there. Later, some boys—one of whom was a relative—came to L L* and found him without his hands.”
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 August 14th, I visited the State camp at Irebu again. During a conversation with the officer in charge, I casually but deliberately mentioned that I had met V V and heard his story directly from him. I pointed out that, based on the boy's account, it seemed that the loss of his hands was directly linked to an officer who was apparently nearby and in charge of the soldiers at that time. I also mentioned that I had heard about other similar cases in the area. The Commandant immediately told me that such things were impossible, but he would ensure that an investigation into V V's specific case was launched right away.
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.
On my return from the Lulongo River, I discovered that this comment made in casual conversation had quickly led to action, even though past efforts to help the boy had not worked. The Commissaire-Général of the Equator District, upon hearing about it, immediately went to Lake Mantumba, and a judicial investigation into how V V lost his hands was promptly started. The boy was taken to Bikoro, and I've since learned that arrangements have been made for him along with 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.
When I was in the village of B C*, I met a boy no older than 12 who had lost his right hand. In response to my questions, he explained that soldiers from the Government had cut it off several years earlier. He couldn't say exactly when, but judging by his height, he must have been about 7 years old at the time. His account was completely supported by S S S and his relatives who were nearby while I spoke with him. The soldiers had traveled to B C* from Coquilhatville through the forest. They were led by an officer known as “U V.” His parents were killed right next to him. He witnessed their deaths, and a bullet struck him, causing him to fall. He showed me a deep scar on the back of his head, just at the base of his neck, and said that's where the bullet hit him. He collapsed, apparently unconscious, but regained his senses while they hacked off his hand at the wrist. I asked him how he could stay silent and give no indication of what was happening. He replied that he felt the pain of the cutting but was too scared to move, knowing he would be killed if he showed any sign of life.
I made some provision for this boy.
I made some plans 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.
The names of six other people who were mutilated in a similar way were given to me. The last of these, an old woman, had died only a few months earlier, and her niece said that her aunt had often told her how she lost her hand. The town had been attacked by government troops, and everyone had fled into the forest. This old woman (whose name was V W) had escaped with her son, but when he was shot dead, she fell down beside him—she thought she had fainted. Then she felt her hand being cut off but didn’t make a sound. When everything was calm again and the soldiers had left, she discovered her son’s lifeless body next to her with one hand cut off and her own hand missing as well.
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.
I received many accounts of continuous mutilation by government soldiers of this kind, some specific and others more general. There is no doubt about the fact of this mutilation and the reasons behind it. It wasn't a native custom before the arrival of white people; it didn't come from the natural instincts of tribes fighting each other; it was a deliberate action by soldiers of a European government. These soldiers themselves did not hide the fact that in doing this, they were simply following the direct orders of their superiors. I gathered several specific examples of this practice of mutilation being carried out in the town of Q* itself when the government soldiers came from P* to raid it or force its residents to work.
Inclosure 5 in No. 3.
(See p. 43.)
(See p. 43.)
Circular dated October 20, 1900.
Memo 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.
Le Gouvernement a confié à des entreprises commerciales travaillant dans certaines zones du territoire qui ne sont pas sous son autorité immédiate une partie de ses pouvoirs en matière de sécurité générale.
Ces Sociétés sont dites avoir “le droit de police.” Des interprétations erronées ont été données à cette appellation.
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.
On wanted to see the assignment to the Directors of these Companies and even to lower-level agents of the right to lead offensive military operations, “to wage war” against indigenous people; others, without even bothering to consider what the limits of this police authority might be, used the means that this delegation had given them to commit the most serious abuses.
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.
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.
In light of this situation, I have decided that "the police power," a term I will temporarily keep, will only allow for the requisition of armed forces, whether they are within the Concession or outside it, in order to maintain or restore order. However, even in this case, it must be clearly understood that the state officers will retain command of the soldiers during these events and will be the sole judges, under their responsibility, of the military operations that need to be undertaken.
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.
Les armes perfectionnées que les Sociétés possèdent dans leurs différentes usines ou bureaux, 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 quitter les 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.
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.
Les fusils à piston ne sortiront donc des usines qu’un par un. Ne pouvant être remis à des groupes, peu importe leur taille, ils ne deviendront 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.
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.
The Governor-General,
(Signed) WAHIS.
Boma, le 20 Octobre, 1900.
Boma, October 20, 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.
The government has given some of its powers regarding public safety to commercial companies operating in areas that aren't directly under government control.
These Companies are described as having “the right of police.” Erroneous interpretations have been given to this expression.
These companies are described as having "the right of police." Misinterpretations have been made of 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.
Some believe this gives the Directors of these Companies, and even lower-ranking officials, the authority to carry out offensive military actions, to "make war" on the local population; others, without bothering to figure out the boundaries of this police power, have exploited this delegation of authority to commit serious 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 other words, “the right of police,” which provided them the means to protect themselves and required them to safeguard individuals from the misuse of force, was used in a way that completely contradicted one of its main purposes.
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.
Considering these circumstances, I've decided that "the right of police," a term I'll use for now, will mean no more than the authority to requisition armed forces, whether inside or outside the Concession, to maintain or restore order. However, it's essential to understand that State officers will keep control of the soldiers during these actions and will be the only ones responsible for deciding the military operations that may need to be carried out.
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.
Improved weapons that the Companies own in their various factories or facilities, and for which a permit, form (B), must be obtained—like the arms of other Companies that don't have police authority—cannot be taken out of the locations where 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).
With respect to cap guns, they can only be taken from the factories by the Capitas, and only if they have 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.
Cap guns will only be taken out of factories one by one. Since they can't be distributed from stores to larger groups, they'll never be a means of attack.
I again give the most formal orders that all the State officials co-operate to repress violations of these strict prohibitions.
I am formally instructing all state officials to work together to enforce these strict prohibitions.
The Governor-General,
(Signed) WAHIS.
The Governor-General,
(Signed) WAHIS.
Boma, October 20, 1900.
Boma, October 20, 1900.
Inclosure 6 in No. 3.
(See p. 56.)
(See page 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*.
Note of Information regarding the Incident of Cutting off the boy I I’s hand, submitted 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.
At the village of E* in the C D* country, on the left bank of E D*, a tributary of the X* River.
Y Y, with many of the townsmen and a few women and children, also present.
Y Y, along with many of the townspeople and a few women and children, were also there.
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.
A boy, around 14 or 15 years old, named I I, who had lost his left hand, with the stump wrapped in a rag and the wound barely healed, comes forward. In response to the Consul’s question, he accuses a sentry named K K (stationed in the town by the local agent of the La Lulanga Society to ensure the people are working on rubber) of having caused his injury. The sentry is called, and after a bit of waiting, he shows up with a cap gun.
The following inquiry into the circumstances surrounding the loss of I I’s hand then takes place:—
The following investigation 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:
The Consul, through W W, speaking in E F*, and X X repeating his words both in F G* to the guard and in the local dialect to the others, asks I I, in front of the accused:
“Who cut off your hand?”
"Who chopped off your hand?"
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.
The guard refuses the accusation (interrupting) and says that his name is T T T, not K K. The consul asks him to be quiet for now so 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:
Y Y is called in and questioned by the Consul through the interpreters. After being urged to speak the truth without fear or favor, he states:
“The sentry before us cut off I I’s hand.”
“The guard in front of us chopped off I I’s hand.”
Consul: “Did you yourself witness the act?”
Consul: “Did you see the act yourself?”
Answer: “Yes.”
"Yup."
Several of the Headmen of the town called upon by the Consul to testify.
Several of the town's leaders were asked 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?”
To the first of these, who identified himself as Z Z, the Consul asked, pointing to I I’s damaged wrist: “Who chopped off this boy’s hand?”
Z Z (pointing to the sentry): “That man did it.”
Z Z (pointing to the guard): “That guy did it.”
The second, who gave his name as A A A, asked by Consul: “Who cut off this boy’s hand?”
The second, who called himself A A A, asked the Consul, “Who chopped off this boy’s hand?”
Answers: “K K.”
"K."
The third, giving his name as B B B, asked by Consul: “Who cut off this boy’s hand?”
The third, identifying himself as B B B, asked the Consul: “Who cut off this boy’s hand?”
Answers: “This man here, the sentry.”
Answers: “This guy here, the guard.”
Z Z (re-questioned): “Did you yourself see this sentry cut off this boy’s hand?”
Z Z (re-questioned): “Did you actually see this guard cut off this boy’s hand?”
Answer: “Yes, I saw it.”
"Yeah, I saw it."
A A A (re-questioned): “Did you yourself see this sentry cut off this boy’s hand?”
A A A (re-questioned): “Did you actually see this guard 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.”
Answers: “I would think so. Didn't I get this wound here” (pointing to a cut by the Achilles tendon on my left heel) “the same day I was running away in fear? I accidentally cut myself with my own knife. I dropped it when I ran off.”
Consul questions I I: “How long ago was it your hand was cut off?”
Consul questions I I: “How long ago did you lose your hand?”
Answer: “He is not sure.”
"He's unsure."
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.
Two guys from the village—young men named C C C and D D D—come forward and say they remember. The incident happened while they were digging clay at C D, when they started creating the slip for the steamers.
E E E, of E*, another section of the village of R**, questioned by Consul: “Did you see this lad’s hand cut off?”
E E E, of E*, another section of the village of R**, questioned by Consul: “Did you see this guy’s hand get 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.”
Answer: “Yeah. I didn’t actually see it get cut off. I came over and saw the severed hand and the blood on the ground. People had run off in every direction.”
Consul asked interpreters to ask if there were others who had seen the crime and charged K K with it.
Consul asked the interpreters to find out if there were others who had witnessed the crime and accused K K of it.
Nearly all those present, about forty persons, nearly all men, shouted out with one voice that it was K K who did it.
Nearly all the people there, around forty, mostly men, shouted together that it was K K who did it.
Consul: “They are all sure it was K K here?”
Consul: “Are they all convinced it was K K here?”
Universal response: “Yes; he did it.”
Universal response: "Yeah; he did it."
Consul asked the accused K K: “Did you cut off this boy’s hand?”
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.
This question was asked in the simplest terms and repeated six times, with the request for a straightforward answer—“yes” or “no.”
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.
The accused didn't respond to the question and started talking about unrelated topics, like how his name was T T and not K K, and that the people of R** had wronged 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.
He was told to stick to the question he was asked, that he could discuss other things later, but for now, he needed to respond to the questions directly, just as simply and clearly as the others had. He had heard their answers and the accusations made against him, and he should respond to the Consul’s questions in the same manner.
The accused continued to speak of irrelevant subjects, and refused or failed to give any answer to the question put to him.
The accused kept talking about unrelated topics and either refused or didn't provide any answers to the questions asked.
After repeated attempts to obtain answer to the question: “Did you or did you not cut off this boy I I’s hand?”
After several attempts to get an 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.”
Consul states: “You are being accused of this crime. You won't answer my questions clearly and directly like your accusers have. You've heard their accusation. Your refusal to respond as you should—specifically, with yes or no—to a straightforward question makes me believe you can’t deny the charge. You’ve heard what everyone is accusing you of. Since you refuse to answer like they did, you can share your side of the story however you want. I will 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.
Accused started to speak, but before his words could be translated to me through X X first, whom he spoke to directly, and then through W W, a young man stepped out of the crowd and interrupted.
There was noise and then the man spoke:—
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.
He said he was F F F of R**. He shot two antelopes and brought two of their legs to the guard as a gift. The guard refused to accept them and tied up his wife. The guard said that wasn’t enough of a gift for him and kept F F F’s wife tied up until 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.
Here, a young man calling himself G G G stepped into the ring and accused the guard of openly stealing two ducks and a dog from him. They were taken without any reason other than the guard wanting them and taking 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.
Consul turned to the guard again and asked him to share his story and respond to the accusation in his own words. Consul instructed everyone to remain quiet and not to interrupt the guard.
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.”
Consul: “That’s fine. That wraps up 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.
K K once more dodged 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?”
Consul: “Tell him this. He was sent here by his boss, right? This is his town. Now, does he really say he doesn’t know what happens 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.”
The guard says, “It’s true this is his town, but he has no idea about I I’s hand being cut off. Maybe it was the first guard who was here before him, who was a really bad guy and cut off people’s hands. That guard has left—it was him who cut off the hands, not him. He doesn’t know anything about it.”
Consul: “What was the name then of this bad sentry, your predecessor, who cut people’s hands off? You know it?”
Consul: “What was the name of that terrible guard, your predecessor, who chopped off people’s hands? Do you remember 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**.
The guard doesn’t give a clear answer, so the question is asked again. He then mentions several guards, naming three who came before him 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.
Here a man named H H H jumped up, interrupting, and claimed that those three guards did not live 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?”
Consul (to the guard): "How long have you been in this town?"
Answer: “Five months.”
"5 months."
Consul: “You are quite sure?”
Consul: “Are you sure?”
Answer: “Five months.”
"5 months."
Consul: “Do you, then, know this boy I I? Have you seen him before?”
Consul: “Do you know this boy? Have you seen him before?”
Answer: “I do not know him at all.”
“I don’t 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.
Here, the whole audience burst out laughing, and they expressed their admiration for the sentry’s talent for lying.
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.
The guard continued, saying that I might be from H H H’s town. Anyway, he (the guard) doesn’t know who I am; he doesn’t 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.
Here F F F stepped out and said he was the full brother of I I; they had lived here their whole lives. Their father was U U U, who has now passed away; their mother has also passed away.
Consul (to the sentry): “Then it is finished. You know nothing of this matter.”
Consul (to the guard): “So, it’s over. You don’t know anything about this.”
The sentry: “It is finished. I have told you all. I know nothing of it.”
The guard: “It’s done. I’ve shared everything I know. I don’t have any more information.”
Here a man giving his name as I I I, of K K*, the neighbouring section of R**, came forward with his wife.
Here a man named I I I, from K K*, the nearby area of R**, stepped forward with his wife.
He stated that the other sentries in their town were not so bad, but that this man was a villain.
He said that the other guards in their town weren't so bad, but that this guy was a jerk.
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.
The guard had tied up his wife—the woman he presented—and had made him pay 500 rods before she was set free. He had handed over the cash.
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.
Here, the Consul asked me how his hand had been cut off. He and C, C, C and D, D, D said that he had first been shot in the arm, and then when he fell, the sentry had cut his hand off.
Consul: “Did you feel it being cut off?”
Consul: “Did you notice it being cut off?”
Answer: “Yes, I felt it.”
"Yeah, 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.
This ended the inquiry. The Consul told Y Y and everyone there that he would report what he had seen and heard to the Congo Government, and that he would ask them to look into the charges against the sentry, who deserved harsh punishment for his unlawful and brutal actions. The actions the sentry was accused of were completely illegal, and if his country’s Government found out about such behavior, the people responsible for these crimes would be punished without exception.
(Signed) ROGER CASEMENT,
His Britannic Majesty’s Consul.
(Signed) ROGER CASEMENT,
Consul for His Britannic Majesty.
Inclosure 7 in No. 3.
(See p. 59.)
(See p. 59.)
Circular of September 7, 1903, forbidding Soldiers armed with Rifles from going out on Service without Europeans over them.
Circular from September 7, 1903, prohibiting soldiers carrying rifles from going out on duty without European oversight.
État Indépendant du Congo.
Independent State of Congo.
Boma, le 7 Septembre, 1903.
Boma, September 7, 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.
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.
Je constate même avec regret que certains fonctionnaires et agents montrent une 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.
Les opérations militaires doivent être menées conformément aux règlements sur le service de campagne que nos officiers et sous-officiers doivent appliquer régulièrement lors des entraînements quotidiens, ainsi qu'aux nombreuses directives sur le sujet. À cet égard, le personnel supérieur, avant de se prononcer sur les opérations à réaliser, devra d'abord évaluer si les ressources dont disposent leurs subordonnés sont adéquates.
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.
J have the honor to invite the territorial leaders to remind their staff of the previous instructions and to inform them that any violation of the ban on sending armed soldiers under the command of Black sergeants will be strictly punished and could even lead to the dismissal of the offending agent.
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 soldats doivent être surveillés en permanence pour qu'ils ne cèdent pas à des cruautés que leurs instincts primitifs pourraient les inciter à commettre.
Les instructions défendent aussi d’employer les soldats au service des courriers et des transports.
Les instructions interdisent également d’utiliser les soldats pour les services de messagerie et de transport.
Malgré cela on continue en maints endroits à pratiquer ce déplorable usage.
Malgré cela, on continue à pratiquer ce déplorable usage dans de nombreux endroits.
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.
Il est crucial que les soldats ne soient plus constamment détournés de leur base et de leur travail militaire, et qu'ils restent, à tout moment, sous la supervision de leurs supérieurs ; la formation et l'éducation militaires des membres de la force publique n'en seront que meilleures.
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.
Je prie donc le personnel concerné de mettre fin immédiatement à la situation mentionnée ci-dessus : le service des courriers doit être assuré par des travailleurs ou des hommes spécifiquement 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.
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 selon les règles et dirigée 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.
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.
Mais dans ce cas, que l'autorité devra justifier, les hommes commandés par un gradé noir devront avoir un fusil à piston d'armement, qui est une bonne arme défensive.
Le Vice-Gouverneur-Général,
(Signé) F. FUCHS.
The Lieutenant Governor-General,
(Signed) F. FUCHS.
(Translation.)
Independent State of the Congo.
Democratic Republic of the Congo.
Boma, September 7, 1903.
Boma, Sept 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.
The review of reports on military operations and reconnaissance shows that the government's formal orders, which instruct sending armed soldiers under the command of black non-commissioned officers, are not being followed closely.
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.
I even note with regret this unwillingness, on the part of certain officials and agents, to follow these instructions, which are, however, guided by a concern for the greater 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.
Military operations must be carried out according to the rules regarding field service, which our officers and non-commissioned officers should apply regularly during daily drills, and in line with the many instructions related to this. To achieve this, the senior staff must check in advance whether the resources available to those underneath them are adequate before making decisions about the operations to be conducted.
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.
I have the honor to invite the territorial Chiefs to remind their staff of the previous instructions and to inform them that any violation of the rule against sending armed soldiers under the command of black non-commissioned officers will be dealt with harshly and could result in the dismissal of the responsible agent.
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 soldiers need to be under constant supervision to ensure they can’t act on any brutal instincts that might arise.
The instructions also forbid the employment of the soldiers on post or transport work.
The instructions also prohibit using the soldiers for post or transport work.
Nevertheless, this deplorable custom continues to obtain in many places.
Nevertheless, this unfortunate custom is still common 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.
It’s crucial that soldiers aren’t constantly pulled from their base and military responsibilities, and that they always stay under the leadership of their superiors. This will definitely enhance the training and military education of our public forces. I urge the relevant staff to immediately address this situation; the postal service should be handled by workers or individuals specifically assigned for that role.
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.
If the authorities find it necessary in certain situations to have the post or a shipment of goods escorted, the patrol must be organized according to the rules and must be led 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.
It is only in the rarest situations, and if it's absolutely necessary, that this patrol can, if no European is available, be led by a specially-selected and reliable 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.
But in such cases, which must be justified by the authorities, the men led by a Black non-commissioned officer must be equipped with a standard cap gun, which serves as a good defensive weapon.
The Vice-Governor-General,
(Signed) F. FUCHS.
The Deputy Governor-General,
(Signed) F. FUCHS.
Inclosure 8 in No. 3.
(See p. 59.)
(See p. 59.)
Circular of Governor-General Wahis, addressed to the Commissioners of District and Chiefs of Zones.
Circular from Governor-General Wahis, sent to the District Commissioners and Zone Chiefs.
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.
La qualité du caoutchouc exporté du Congo est clairement inférieure à ce qu'elle était il y a quelque temps. Cette différence a plusieurs causes, mais la principale est l'ajout au latex qui devrait être récolté, d'autres latex de valeur beaucoup plus faible ou même des matières poussiéreuses de toutes sortes.
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.
Cette cause de perte peut et doit disparaître. Les Commissaires de District et Chefs de Zone, tous expérimentés, connaissent les méthodes de fraude que les habitants cherchent souvent à utiliser.
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.
Ils doivent prendre des mesures pour complètement empêcher ces tromperies. Il est certain que là où la population accepte l’impôt, il ne sera pas impossible de les amener à fournir un produit pur, mais il faut une surveillance constante pour atteindre cet objectif; dès que l’indigène remarquera un relâchement, il essaiera de réduire son effort en prenant du latex de mauvaise qualité, surtout quand il l’obtient facilement, ou en ajoutant des substances étrangères au produit.
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.
Chaque fois que ces fraudes sont constatées, elles doivent être réprimées. Les Commissaires de District et Chefs de Zone doivent examiner fréquemment les produits, afin de faire des observations à leurs Chefs de Poste à temps, et de 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.
A long with the decrease in the value of rubber, we must also consider the issues caused by defective packaging, which often results in the product traveling for months under poor conditions. It can be said that due to this negligence, a significant portion of the efforts made to achieve production that reflects the country’s wealth must be seen as wasted, since the value of rubber can drop by half because of this lack of care.
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.
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.
Mon attention sera constamment fixée sur les instructions que je donne ici.
Le Gouverneur-Général,
(Signé) WAHIS.
The Governor-General,
(Signed) WAHIS.
Boma, le 29 Mars, 1901.
Boma, March 29, 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.
The quality of the rubber exported from the Congo is noticeably worse than it used to be. This change is due to several factors, but mainly because lower-quality latex is being mixed in with the latex that is actually suitable for collection, or even any dust-like particles.
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.
This cause of loss can and must be eliminated. The district Commissioners and zone Chiefs, who all have experience, know the deceptive tactics that the locals often try to use.
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.
They need to take strong steps to completely prevent these frauds. There's no doubt that in areas where the population accepts the tax, it's possible to lead the locals to provide good quality produce; however, to achieve this, constant oversight is essential. As soon as the locals notice that the supervision is becoming relaxed, they will try to reduce their effort by using lower-quality latex if it's easy to get, or by mixing in foreign materials.
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.
Whenever these frauds are uncovered, they need to be stopped. District Commissioners and Zone Chiefs must regularly inspect the products to report promptly to their station heads and prevent a situation that is highly damaging.
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.
To the reasons for the drop in rubber's value, we must also consider the impact of poor packing of the product, which often travels for several months under terrible conditions. A lot of the work put into producing high-quality rubber from this rich land can be seen as wasted due to this neglect, as the rubber's value can be reduced by half because of this lack of attention.
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.
I should mention that the value of rubber, even when completely pure, has been dropping in every market for a while now; therefore, territorial Chiefs need to not only eliminate the two causes of loss they can control but also work continuously to counteract the third by putting in steady efforts to boost production to the levels specified in the instructions.
The orders which I have here given will have my constant attention.
The instructions I've provided here will receive my ongoing attention.
The Governor-General,
(Signed) WAHIS.
The Governor-General,
(Signed) WAHIS.
Boma, March 29, 1901.
Boma, March 29, 1901.
No. 4.
The Marquess of Lansdowne to Sir C. Phipps.
Sir,
Sir,
Foreign Office, February 11, 1904.
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 ask you to pass this Memorandum on to M. de Cuvelier and, in doing so, to highlight the enclosed Report by Mr. Casement, His Majesty’s Consul at Boma, regarding his recent visit to specific areas of the Upper Congo.
I am, &c.
(Signed) LANSDOWNE.
I am, etc.
(Signed) LANSDOWNE.
Inclosure in No. 4.
Memorandum.
Memo.
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.
His Majesty’s Government has not until now made any comments on M. de Cuvelier's note from September 17th because they wanted to first find out the results of the inquiries conducted by Mr. Casement, His Majesty's Consul at Boma, during his recent visit to certain areas 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.
Mr. Casement returned to this country at the beginning of last month and has since provided the report, a copy of which is attached to this Memorandum for sharing with the Congo Government. The report will also be shared with the countries involved in the Berlin Act, to whom the letter dated August 8th was sent, and it will be presented to 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.
The descriptions in the report about how the administration operates and how revenue is collected in the areas Mr. Casement visited are a serious accusation and don’t need any further explanation other than to say that, in the view of His Majesty’s Government, they indicate that the allegations mentioned in the dispatch have some truth to them, and there is strong evidence to believe that, at the very least, there are large areas where the commitments made under the Berlin Act have not been met.
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.
M. de Cuvelier’s note discusses in detail the need for the locals to contribute through some form of taxation to support the state's needs, as well as the benefits of encouraging them to work. The history of how the British Colonies and Protectorates in Africa developed shows that His Majesty’s Government has consistently recognized this need. Issues with administration, like those mentioned in M. de Cuvelier’s note, are likely to arise when dealing with uncivilized groups spread over large areas who vary in behavior, customs, and all the necessary aspects for forming a social system. However, whenever problems have come up, especially in the case of the Sierra Leone uprising that M. de Cuvelier highlights,[24] thorough and focused investigations have been conducted publicly, grievances have been addressed where appropriate, and every effort has been made to ensure the natives are treated with the consideration that aligns with the fair needs 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 reference to Nigeria's unstable situation seems to connect to the campaign carried out early last year against Kano and Sokoto. This campaign wasn’t an act of “military repression” in terms of suppressing a native uprising. It was brought about by the aggressive actions of influential Muslim chiefs within the Protectorate, who had not been previously controlled and refused to cooperate with the Administration. They welcomed the murderer of a British officer and declared that their only relationship with the Government was one of war. The mention of losing 700 lives likely refers to the engagement at Burmi on July 27th, when around that number of enemy forces were killed, including the ex-Sultan of Sokoto and most of the chiefs who allied with him. On the British side, Major Marsh, the Commanding Officer, and ten soldiers were killed, while three officers and sixty-nine soldiers were wounded. This decisive and successful action effectively dismantled the group of uncompromising rebels, as well as a remnant of the Mahdi’s followers.
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.
In both these cases, military actions have been necessary to prevent the areas in question from falling back under the total control of uncivilized or extremist leaders, and from reverting to barbarism. The Congo Government and other countries with colonies in Africa have faced similar situations, and no blame is assigned to them, nor, as far as His Majesty's Government knows, has there ever been any blame directed at them for taking steps to safeguard the progress 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.
After discussing the treatment of the locals, M. de Cuvelier’s note continues to outline the Congo Government's views on the current trading system in the State. His Majesty’s Government has expressed its opinion; they believe the issue could legitimately be referred to the Tribunal at The Hague, but they are still waiting for a response on this matter from the Powers to whom the dispatch of August 8th was sent.
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.
Memoranda will be sent separately with examples of injuries suffered by British subjects that have led to complaints. These Memoranda have been prepared to support the statement that M. de Cuvelier questions, which is that His Majesty’s Consul has mainly been focused on investigating these cases.
Foreign Office, February 11, 1904.
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.
The Marquess of Lansdowne to His Majesty’s Representatives at Paris, Berlin, Vienna, St. Petersburg, Rome, Madrid, Istanbul, Brussels, The Hague, Copenhagen, Stockholm, and Lisbon.
Sir,
Sir,
Foreign Office, February 12, 1904.
Foreign Office, Feb 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.
I’m sending you a set of documents to pass on to the Government you represent, as noted in the margin,[25] that relate to the current situation 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.
In giving these documents to the Minister for Foreign Affairs, I ask that you pay special attention to the report by Mr. Casement, His Majesty’s Consul at Boma, regarding his recent visit to some areas of the Upper Congo. I also request that you find out when we can expect a response to my dispatch from August 8th.
I am, &c.
(Signed) LANSDOWNE.
I am, etc.
(Signed) LANSDOWNE.
Communication 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.
Presented to both Houses of Parliament by order of the King.
February 1904.
LONDON:
PRINTED BY HARRISON AND SONS.
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)”.]
AFRICA. No. 7 (1904).
FURTHER CORRESPONDENCE
REGARDING THE
MANAGEMENT
OF THE
INDEPENDENT STATE OF THE CONGO.
[Continuing from “Africa No. 1 (1904)”.]
Presented to both Houses of Parliament by Command of His Majesty.
February 1904.
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 & 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.
LONDON:
PRINTED FOR HIS MAJESTY’S STATIONERY OFFICE,
BY HARRISON AND SONS, ST. MARTIN’S LANE,
PRINTERS IN ORDINARY TO HIS MAJESTY.
———
And available for purchase either directly or through any Bookseller, from
EYRE & SPOTTISWOODE, East Harding Street, Fleet Street, London, E.C.,
and 32 Abingdon Street, Westminster, London, S.W.
or OLIVER & BOYD, Edinburgh;
or E. PONSONBY, 116 Grafton Street, Dublin.
[Cd. 2097.] Price 7d.
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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 | April 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)”.]
[In continuation of “Africa No. 1 (1904)”.]
No. 1.
Sir C. Phipps to the Marquess of Lansdowne.—(Received March 14).
My Lord,
My Lord,
Brussels, March 13, 1904.
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.
I have the honor to enclose the response from the Congo Government regarding the report from His Majesty’s Consul at Boma on the state 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.
In giving me these “Notes” this afternoon, M. de Cuvelier was told to point out the part where his Government indicates a desire to receive the complete Report, including the names, dates, and places mentioned. The “Notes” will be shared tomorrow with the Representatives of the other Powers.
I have, &c.
(Signed) CONSTANTINE PHIPPS.
I have, etc.
(Signed) CONSTANTINE PHIPPS.
Inclosure in No. 1.
Notes on the Report of Mr. Casement, Consul of His Britannic Majesty, of the 11th December, 1903.
Notes on the Report of Mr. Casement, Consul of His Britannic Majesty, of December 11, 1903.
A LA séance de la Chambre des Communes du 11 Mars, 1903, Lord Cranborne avait dit:—
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.”
“We have no reason to believe that the authorities of the Congo Free State recognize slavery, but we have received reports of acts of cruelty and oppression. These reports have come 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.
Le Gouvernement de l’État du Congo a demandé, par lettre du 14 mars 1903, à son Excellence Sir C. Phipps de bien vouloir lui communiquer les faits qui avaient été rapportés par les Consuls britanniques.
Cette demande ne reçut pas de suite.
Cette demande ne reçut pas de suite.
La dépêche de Lord Lansdowne du 8 Août, 1903, portait:—
La dépêche de Lord Lansdowne du 8 août 1903 disait :—
“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.”
“Reports regarding this (claimed instances of mistreatment of locals and the presence of trade monopolies) can be found ... in communications 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.
The impression was created that as of this date, Her Majesty's Government had conclusive consular information: nonetheless, the necessity for Consul Casement's trip to the Upper Congo seemed obvious. It follows that the conclusions from the note dated August 8 were at least premature; it can also be concluded that, contrary to the assessment in that note, the British Consul was free to undertake such a trip in the interior regions as he saw fit. It is worth noting that the "White Paper" (Africa, No. 1, 1904), recently presented to Parliament, does not include these previous consular reports, despite the repeated requests from the Congo State, which were even more interesting as they date back to a time before the current campaign began.
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:—
Le rapport actuel indique qu'à certains endroits visités par le consul, la population est en déclin. M. Casement ne précise pas les bases de ses recensements comparatifs entre 1887 et 1903. Il est douteux de savoir comment, lors de visites rapides, le consul a pu établir ses chiffres pour cette dernière année. Sur quel fondement se base-t-il, par exemple, pour affirmer que la population des localités autour du lac Mantumba « semble » avoir diminué de 60 à 70 % au cours des dix dernières années ? À un endroit désigné F*, il déclare que l'ensemble des villages ne compte pas plus de 500 habitants aujourd'hui ; quelques lignes plus loin, il mentionne que ces mêmes villages n'en comptent plus que 240 au total. Ce ne sont que des détails, mais ils illustrent bien le manque de précision de certaines évaluations du consul. De plus, il est malheureusement vrai que la diminution de la population a été constatée ; cela est dû à d'autres causes qu'à un régime excessif ou oppressif imposé par l'administration sur les populations locales. La première de ces causes est la maladie du sommeil, qui décime partout les populations en Afrique équatoriale. Le rapport note lui-même que : "une place importante doit être accordée à cette maladie," et que cette maladie est "probablement l'un des facteurs principaux" de la diminution de la population. Il suffit de lire la lettre du Révérend John Whitehead (Annexe II du rapport), citée par le consul, pour réaliser les ravages causés par cette maladie, à laquelle ce missionnaire attribue la moitié des décès dans la région riveraine du district. Dans une récente interview, Mgr. Van Ronslé, vicaire apostolique du Congo belge, avec l'autorité d'une grande expérience des affaires africaines et de longs séjours dans de multiples résidences au Congo, a montré l'évolution du fléau, le dépérissement fatal des populations touchées, quelles que soient par ailleurs les conditions de leur statut social, citant entre autres les pertes effroyables de vies dues à cette maladie en Ouganda. Si l'on ajoute à cette cause fondamentale de la dépopulation au Congo, les épidémies de variole, l'impossibilité actuelle pour les tribus de maintenir leur nombre par des achats d'esclaves, et la facilité de déplacement des indigènes, cela explique pourquoi le consul et les missionnaires ont noté la diminution du nombre d'habitants dans certaines agglomérations, sans que cela soit nécessairement le résultat d'un système d'oppression. L'Annexe No. I reproduit les déclarations de Mgr. Van Ronslé à ce sujet. Ce qu'il dit des conséquences sur la population de l'abolition de l'esclavage, est également mentionné 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]
“The people (slaves) are mostly former prisoners of war. Since the Emancipation Proclamation, they have just gone back to their distant homes, knowing their former owners cannot recapture them. This is one reason why some believe the population is declining, and another reason is the large migration up and down the river.”[28]—“As long as the Slave Trade was active, the Bobangi flourished, but with its end, they are starting to disappear, as their towns were sustained 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:—
Le Consul mentionne des cas, dont il ne connaît pas vraiment les raisons, d'exode d'indigènes du Congo vers la rive française. On ne comprend pas pourquoi il blâme l’État, si l'on regarde les raisons qui ont poussé certains d'entre eux à partir, comme l'expliquent les exemples de ces émigrations donnés par un missionnaire anglais, le Révérend Père W. H. Bentley. L'un concerne 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]
“The main difficulty has been the shifting of the population. It seems that when the station was founded in 1865, the population in the riverine Colonies was between 5,000 and 6,000. About two years later, Chief Mpuki had disagreements with his neighbors, and they did not get along. When tensions escalated, Mpuki and his people moved to the opposite (French) side of the river. This migration resulted in a significant loss of population. In 1890 or 1891, a Chief from one of the lower towns was forced by the majority of his people to leave the State side, and several accompanied him. By around 1893, the remaining residents of the lower towns either crossed over to join the exiled Chief or moved inland. Towards the end of 1894, a soldier who had been sent to gather firewood for the State steamers on an island near the towns abandoned his work to make a troubling request in one of the towns. He shot the man who refused him. The soldier was dealt with appropriately by the State officer in charge; however, this incident, along with other smaller issues, caused panic, leading nearly all the people to flee to the French side or hide inland. Thus, the thriving township has fallen apart.”[30]
L’autre cas a trait à la station de Bolobo:—
L’autre cas concerne 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]
“It’s actually pretty rare for Bolobo, with its 30,000 to 40,000 residents split into a dozen clans, to stay at peace for any significant period. The toll from these small wars, the deaths from accusations of witchcraft, and those who are buried alive with the deceased create, even in our limited view here at Bolobo, a nearly daily drain on the country’s vitality and an immeasurable amount of grief and suffering. The government wasn’t indifferent to these violent practices. In 1890, the District Commissioner gathered the people and warned them against burying slaves alive alongside free individuals and the careless killing of slaves that was common at that time. The locals didn’t appreciate the growing authority of the State. Our own settlement among them came with its own challenges. There was a general resentment towards white people, especially towards the government. The people became arrogant and defiant. At this time, as a group of soldiers passed the Moye towns, the steamers came under fire. The soldiers disembarked and burned down and looted the towns. The locals fled into the grass, and many crossed over to the French side of the river. They realized that Bula Matadi, the State, wasn’t the powerless entity they had assumed for so long. This occurred in early 1891.”
Ces exemples donnent, comme on le voit, à l’émigration des indigènes, des causes n’ayant aucun rapport avec—
Ces exemples montrent, comme on peut le voir, que l'émigration des autochtones a des causes qui n'ont aucun lien avec—
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.
Le rapport discute en détail de l'existence des impôts pour les populations locales. Il note que les habitants sont soumis à différentes formes de travail, comme fournir des "chikwangues" ou des vivres frais pour les postes gouvernementaux, participer à des travaux d'intérêt public tels que la construction d'une jetée à Bololo ou l'entretien de la ligne télégraphique à F——, ou récolter des produits domaniaux. Nous soutenons la légitimité de ces impôts sur les populations natives, en accord 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 reconnu la nécessité de faire contribuer les natifs aux charges publiques et de les inciter au travail. Nous convenons également avec le gouvernement de Sa Majesté que si des abus se produisent dans ce domaine, comme cela a souvent été le cas dans toutes les colonies, ces abus nécessitent des réformes, et il est de la responsabilité de l'autorité supérieure d'y mettre fin et de concilier, dans une juste mesure, les exigences gouvernementales avec les intérêts des populations locales.
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.
Mais l'État du Congo prévoit agir librement dans l'exercice de sa souveraineté—comme, par exemple, le Gouvernement Britannique l'explique dans son dernier Mémorandum à propos de la Sierra-Leone—sans aucune pression extérieure ni ingérence étrangère, qui seraient contraires à ses droits fondamentaux.
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.
Le Rapport du Consul semble clairement essayer de faire croire que la perception des impôts au Congo est brutale, inhumaine et injuste, et nous voulons, avant tout, répondre à l’accusation souvent portée contre l’État, selon laquelle cette perception entraînerait des actes odieux de mutilation. À cet égard, une lecture superficielle du Rapport peut impressionner, non pas par des faits clairs, précis et vérifiés, mais par une accumulation à la fois complaisante de déclarations et d'affirmations des indigènes.
Une remarque préliminaire s’impose sur les conditions dans lesquelles le voyage du Consul s’est effectué.
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.
Qu'il le veuille ou non, le Consul britannique est apparu aux populations comme celui qui répare les injustices, qu'elles soient réelles ou imaginaires, des indigènes. Sa présence à La Lulonga, coïncidant avec la campagne contre l'État du Congo, dans une région influencée depuis longtemps par les missionnaires protestants, devait inévitablement avoir une signification pour les indigènes qu'ils ne pouvaient ignorer. En dehors des agents de l'État, sans aucune action ou soutien de l'autorité officielle, le Consul a mené ses enquêtes; c'est avec l'aide de missionnaires protestants anglais qu'il a procédé; c'est sur un bateau d'une mission protestante qu'il a effectué son inspection; et c'est dans les missions protestantes qu'il a généralement été accueilli. Dans ces conditions, il a dû être considéré par les indigènes comme l'antagoniste de l'autorité en place.
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:—
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!”
“Your violence is over, it's leaving; only the English remain; die, you others!”
Et cet aveu significatif d’un missionnaire Protestant qui, à propos de ce fait, explique:—
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.”
“The Consul was here at the time, and the people were really excited, clearly thinking they were on top of things.... The people have gotten this idea (that the rubber work was done) stuck in their heads, probably as a result of 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.
Dans ces circonstances, à cause de l'état d'esprit qu'elles montrent chez les indigènes, en raison de leur caractère impressionnable et de leur désire 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 suffit de se concentrer sur un seul cas pour mettre en évidence ce point et montrer le manque de valeur de ses recherches. Nous parlons du cas Epondo, celui sur lequel Mr. Casement a mis tout son effort. C'est l'affaire de l'enfant II, qui est mentionnée dans le Rapport aux pages 56, 58 et 78.
Il est indispensable d’entrer un peu longuement dans les détails de cette affaire, qui sont significatifs.
Il est essentiel d'entrer un peu plus en détail sur cette affaire, car les détails sont importants.
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.
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.
A Bonginda, some locals from a nearby village (Bossunguma) come to see him and report that a "guard" from the company "La Lulonga," named Kelengo, had cut off the hand of a local man named Epondo, whose wounds were barely healed. The Consul travels to Bossunguma, accompanied by two Reverends, W. D. Armstrong and D. J. Danielson, and asks to see the injured local man, who, in response to the Consul's question, blames a guard named Kelengo (placed there by the local agent of the "La Lulonga" company to check if the locals were harvesting rubber). These are the Consul's words: it was indeed about establishing a cause-and-effect relationship between the rubber harvest and this alleged case of cruelty.
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.”
Le Consul interroge le Chef et quelques habitants du village. Ils répondent en accusant Kelengo; la plupart disent avoir été témoins oculaires du crime. Le Consul demande à ses interprètes s'il y a d'autres témoins qui ont vu le crime et accusent Kelengo : “presque tous les gens présents, environ 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.
You need to read this entire investigation as it was written by the Consul himself, in the official records from September 7, 8, and 9 (Annex 2), to understand the intensity with which the locals accuse Kelengo, and the denials from the accused clashing with the unanimous testimonies against him. Accusers emerge from every direction, and from the agitated crowd come a variety of accusations: he cut off Epondo's hand, chained women, stole ducks and a dog! The Consul is unwilling to be swayed by the emotional nature of the testimonies; with no assurance of their honesty and no verification of their truthfulness, he views his investigation as conclusive, and just as he had taken the place of the prosecution in handling the case, he prejudges the decision of the relevant authority by declaring to the assembled crowd that “Kelengo deserved severe punishment for his illegal and cruel acts.” To dramatize the situation, he takes the supposed victim with him, displaying her on September 10 to the Chief of Post in Coquilhatville, to whom he hands over a copy of his investigation, and on September 12, he sends a letter to the Governor-General, which he labels “personal and private,” wherein he uses the incident, among other things, to accuse “the system of general exploitation of an entire population which can only be rendered successful by the employment of arbitrary and illegal force.” Once this investigation is done, he immediately resumes his journey to 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.
Les circonstances des faits auraient-elles été exactes, on serait tout de même frappé par la disproportion des conclusions que le Consul en tire, en généralisant avec insistance 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:—
En effet, dès que le Consul a été signalé au Parquet, celui-ci s'est rendu sur place, représenté par le Substitut du Procureur d’État, M. Gennaro Bosco, et a mené une enquête judiciaire dans des conditions normales, sans aucune influence extérieure. Cette enquête a révélé que le Consul de Sa Majesté Britannique avait été la cible d'une machination orchestrée par les habitants locaux, qui, espérant ne plus avoir à travailler, avaient comploté pour faire passer Epondo pour une victime de traitements inhumains de la part d’un capitaine d’une société commerciale. En réalité, Epondo avait été victime d'un accident de chasse et avait été mordu à la main par un sanglier ; la blessure avait provoqué une gangrène et la perte de son membre, ce qui avait été habilement utilisé par les habitants contre le Consul. Nous incluons (Annexe 3) des extraits de l’enquête menée par le Substitut concernant cette affaire d’Epondo. Les témoignages sont typiques, cohérents et concordants. Ils ne laissent aucun doute sur la cause de l’accident, attestent que les habitants ont menti au Consul, et révèlent leur motivation, espérant que l'intervention du Consul les exonérerait de l’impôt. L’enquête montre Epondo, enfin acculé, se rétractant de ses premières affirmations devant le Consul et admettant qu’il avait été influencé par les gens de son village. Il est interrogé :—
“D. Persistez-vous à accuser Kelengo de vous avoir coupé la main gauche?
“D. Do you still insist that Kelengo cut off your left hand?”
“R. Non; j’ai menti.
“R. No; I lied.”
“D. Racontez alors comment et quand vous avez perdu la main.
“D. Tell us how and when you lost your grip.”
“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.
R. I was a slave of Monkekola, in Malele, in the Bangala district. One day, I went hunting for wild boar with him. He wounded one with a spear, and then the enraged animal attacked me. I tried to escape with the others, but I fell; the boar was soon on top of me, tearing at my left hand, my stomach, and my left hip. The person comparing shows the scars on the marked areas and spontaneously lies down to demonstrate the position he was in when he was attacked and injured by the boar.
“D. Depuis combien de temps cet accident vous est-il arrivé?
“D. How long ago did this accident happen to you?”
“R. Je ne me rappelle pas. C’est depuis longtemps.
R. I can’t remember. It’s been a long time.
“D. Pourquoi alors aviez-vous accusé Kalengo?
“D. Why did you accuse 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.
“R. Because Momaketa, one of the leaders of Bossunguma, told me so, and after that, all the people in my village reiterated it to me.”
* * * * * * * *
* * * * * * * *
“D. Les Anglais vous ont-ils photographié?
“Did the English photograph you?”
“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]
“R. Yes, in Bonginda and Lulanga. They told me to clearly highlight the stump. There were Nenele, Mongongolo, Torongo, and other white people whose names I don’t know. They were the white people from Lulanga. Mongongolo brought along six photographs.”[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:—
Epondo reiterated his statements and retractions spontaneously to a Protestant missionary, Mr. Faris, who lives in Bolengi. This Reverend handed over the following written statement to the Commissioner-General of Coquilhatville:—
“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.
“I, E.-E. Faris, missionary, residing in Bolengi, Haut-Congo, declare that I questioned the child Epondo from the village of Bosongoma, who was with me on September 10, 1903, along with Mr. Casement, the British Consul, and that I took him to the Bolengi Mission on October 16, 1903, at the request of Commander Stevens from Coquilhatville, and that the said child told me today, October 17, 1903, that he lost his hand from a wild boar bite.”
“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.
“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.
“E.-E. Faris.
“A Bolengi, le 17 Octobre, 1903.”
“A Bolengi, Oct 17, 1903.”
L’enquête aboutit à une ordonnance de non-lieu ainsi motivée en ce qui concerne le cas Epondo:—
L'enquête mène à une décision de non-lieu concernant le cas Epondo :—
“Nous, Substitut du Procureur d’État près le Tribunal de Coquilhatville;
“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—
“Given the notes compiled by the Consul of Her Majesty the British, during his visit to the villages of Ikandja and Bossunguma, in the Ngombe region, it appears that a certain Kelengo, a forest ranger for the ‘La Lulonga’ Company, would—
“(a.) Coupé ..., la main gauche au nommé Epondo.
“(a.) Coupé ..., the left hand on the one named Epondo.
“(b.)....
(b.)....
“(c.)....
(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;
“Considering the investigation conducted by Lieutenant Braeckman, which partially confirms the inquiry carried out by the British Consul, but also contradicts it in some aspects, and adds to the earlier accusations made against Kelengo the charge of having killed a native named 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;
“Given the conclusions made by this judicial police officer that cast serious doubts on the truth of all these 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;
“Considering that all the locals who accused Kelengo, whether to the Consul of Her Britannic Majesty or to Lieutenant Braeckman, summoned by us, the Substitute, have fled, and all efforts made to locate them have been unsuccessful; this flight clearly undermines their claims;
“Que tous les témoins interrogés dans notre enquête attestent ... qu’Epondo a perdu la main gauche parce qu’un sanglier la lui a arrachée ...;
“Let all the witnesses questioned in our investigation affirm ... that Epondo lost his left hand because a wild boar tore it off ...;
“Que les témoins, presque tous indigènes des villages accusateurs, confirment que tel fut le but de leur mensonge;
“Let the witnesses, almost all indigenous people from the accusing villages, confirm that this was the purpose of their lie;
“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;
“Regardless of the unanimous statements from witnesses and affected parties, this version stands out as the most credible because everyone knows the locals' general dislike for work, particularly rubber tapping, as well as their tendency to lie and make false 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’;
“Which is confirmed by the clearly stated opinion of the English missionary Armstrong, who believes the locals are 'capable of any scheme to avoid working, especially to avoid rubber production';”
“Que l’innocence de Kelengo étant complètement prouvée, il n’y a pas lieu à le poursuivre;
“Since Kelengo’s innocence is fully proven, there is no reason to pursue him;
“Par ces motifs:
"For these reasons:"
“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.
“Nous, Substitut, déclarons qu'il n'y a pas lieu de 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.
Le Substitute,
(Signed) Bosco.
“Mampoko, le 9 Octobre, 1903.”
"Mampoko, October 9, 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.
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.”
“Dans le seul cas que j’ai pu examiner personnellement, dit-il[34]—celui de l’enfant II—j’ai trouvé cette accusation fondée sur les lieux, sans apparemment un seul doute sur la culpabilité de la sentinelle accusée.”
Et plus loin:—
And further on:—
Et ailleurs:—
And elsewhere:—
“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]
“Clearly, it was impossible for me to ... verify on-site, as was the case with the child, the statements made to me by the locals. In this one instance, the truth of the allegations was thoroughly proven.”[36]
C’est aussi à propos de cette affaire que, dans sa lettre du 12 Septembre, 1903, au Gouverneur-Général, il disait:—
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.’ ”
“When I talked to M. le Commandant Stevens in Coquilhatville on the 10th, as the mutilated boy Epondo stood in front of us, highlighting the terrible situation I condemned, I said: ‘I’m not blaming an individual, I’m blaming 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.
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 ce cas particulier, elles ne peuvent, en aucun cas, être considérées comme probantes. Il est évident que dans les autres cas où le Consul, selon sa propre déclaration, n'a effectué aucune vérification des affirmations des indigènes, ces affirmations ont encore moins de poids, si c'est 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]—
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]—
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]
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.
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]
If we look at the lengthy report from the Consul, and consider the other cases he observed and recorded as instances of mutilation, we notice that he mentions two that supposedly took place at Lake Matumba “several years ago.” He lists a few more—about which the information in the report seems inconsistent—that he claims occurred around Bonginda, specifically in the area where the Epondo investigation was conducted, and where, as noted, tensions were high and feelings were influenced. These are the cases he says he didn’t have time to investigate further, and according to the locals, were blamed on the agents of the “La Lulanga” Company. Were these victims of indigenous customs that the natives would have been reluctant to admit? Were the injuries observed by the Consul the result of internal conflicts between villages or tribes? Or were they actually caused by the black subordinates of the Company? It’s impossible to determine from the report, as the locals, as always, were the only source of information for the Consul, and he merely made quick notes of their various claims during a few hours on the morning of September 5th, hurried by the need “to reach K* (Bossunguma) at a reasonable hour.”
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]
Nonostante l'importanza che attribuisce all’“aria di sincerità” e “all’aria di convinzione e sincerità”[47] degli abitanti, l'esperienza che ha fatto personalmente richiede senza dubbio prudenza e rende temeraria la sua valutazione: “era chiaro che questi uomini dichiaravano o ciò che avevano realmente visto con i propri occhi, o ciò che pensavano fermamente nei loro cuori.”[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.
However, it is enough to highlight these few facts, whether acts of cruelty or not, which ultimately reflect those personally observed by the Consul, without him being able to sufficiently prove the real causes, for the authority to take notice and for inquiries to be ordered regarding them. In this regard, it is regrettable that the copy of the Report shared with the Government of the Independent State of Congo systematically omitted any indication of date, place, or names. It cannot be overlooked that these omissions will make the task of the Investigating Magistrates exceedingly difficult, and, in the interest of uncovering the truth, the Government of Congo wishes to be provided with the complete text of the Consul's Report.
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]
On wouldn’t be surprised if the Government of the Congo State speaks out against the tactics of its critics, who have made public the reproduction of photographs of mutilated natives, creating that horrible legend of severed hands with the knowledge or even at the instigation of the Belgians in Africa. The photograph of Epondo, who was maimed under well-known circumstances and “has been photographed twice,” is likely one of those circulating in English pamphlets as evidence of the dreadful Belgian administration in Africa. An English publication displayed the photograph of a “cannibal surrounded by the skulls of his victims,” and the caption read: “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-veneer cannibalism in the Congo.”[49] By that logic, it would suffice to discredit the Administration of Uganda by circulating images reproducing the mutilations that Dr. Castellani mentioned in a letter dated December 16, 1902, claiming to have witnessed the existence of in the very vicinity of Entebbe: “It is not difficult to find natives without noses, without ears, etc.”[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:—
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]
“It wasn't a native custom before the arrival of the white man; it didn't come from the basic instincts of savages in their conflicts between villages; it was a purposeful action by soldiers of a European Administration, and these soldiers openly admitted that in carrying out these actions, they were simply following the explicit 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.
L'articulation d'une accusation aussi sérieuse, sans qu'elle soit en même temps soutenue par des preuves irréfutables, semble donner raison à ceux qui pensent que les emplois précédents de Mr. Casement ne l'avaient pas suffisamment préparé pour des fonctions consulaires. Mr. Casement a passé dix-sept jours au Lac Mantumba, un lac de 25 à 30 miles de long et de 12 ou 15 miles de large, entouré de forêts denses.[52] Il ne s'est guère éloigné de la rive. Ainsi, il est difficile de voir quelles enquêtes utiles il a pu mener sur les anciennes mœurs et les habitudes traditionnelles des populations. Le fait que ces tribus soient encore très sauvages et pratiquent le cannibalisme[53] laisse à penser, au contraire, qu'elles n'étaient pas exemptes de la pratique de ces actes cruels qui, en général en Afrique, accompagnaient la barbarie des mœurs et l'anthropophagie. Dans une partie des régions que le consul a visitées, les témoignages des missionnaires anglais sont particulièrement instructifs à ce sujet. Le Révérend McKittrick, parlant des luttes meurtrières entre indigènes, parle de ses efforts passés auprès des chefs pour pacifier la région : "Nous leur avons dit qu'à l'avenir, nous ne laisserions passer par notre station aucun homme armé de lance ou de couteau. Notre Dieu était un Dieu de paix, et nous, ses enfants, ne pouvions pas supporter de voir nos frères noirs se couper et se blesser l'un l'autre." [54] "Lorsque je me déplaçais dans la rivière, dit un autre missionnaire, on me montrait les endroits de la rive d'où les guerriers avaient l'habitude de partir pour capturer les canots et les hommes. Il était affligeant d'entendre parler des terribles massacres qui avaient lieu habituellement à la mort d'un grand chef. Un trou profond était creusé dans le sol, où des vingtaines d'esclaves étaient jetés après que leurs têtes aient été coupées, et sur ce horrible tas, on plaçait le corps du chef, couronnant ce carnage humain indescriptible." [55] Et les missionnaires constatent combien, encore aujourd'hui, les indigènes reviennent facilement à leurs anciennes coutumes. Il apparaît également que cette autre affirmation du rapport[56] selon laquelle, contrairement à aujourd'hui, les indigènes ne s'enfuyaient pas à l'approche d'un bateau à vapeur, n'est pas en 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.
Il est, en tout cas, important de noter que le Consul n’a observé dans le territoire où la Société A.B.I.R. opère aucun de ces actes de cruauté qui auraient pu être considérés comme imputables aux agents commerciaux. Cette coïncidence est significative, étant donné que la Société A.B.I.R. est justement une Compagnie à Concession et qu’on continue d’attribuer au régime des Concessions les conséquences les plus désastreuses pour les populations locales.
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]
Ce qui prédomine parmi les innombrables questions abordées par le Consul et les nombreux rapports qu’il a recueillis, c’est la question de savoir si cette représentation d'une existence misérable, qui serait celle des indigènes, reflète vraiment la réalité. Prenons exemple sur la région de Lulanga et du Lopori, car depuis des années, des centres de mission de la “Congo Balobo Mission” y sont établis. Ces missionnaires sont présents dans les endroits les plus reculés: à Lulonga, Bonginda, Ikau, Bougandanga et Baringa, tous situés dans la zone d’intervention de la Société “La Lulonga” et de la Société A.B.I.R. Ils sont en contact régulier avec les populations indigènes, et une revue mensuelle spéciale, “Regions Beyond,” publie régulièrement leurs lettres, notes et rapports. En parcourant cette collection, on ne trouve nulle part, à aucun moment avant avril 1903—date à laquelle la motion de Mr. Herbert Samuel était, il est vrai, annoncée au Parlement—de mention d’une évaluation signalant que la situation générale des populations indigènes devait être dénoncée au monde civilisé. Les missionnaires se réjouissent de la sympathie active des agents, officiels et commerciaux à leur égard, des progrès de leur œuvre d’évangélisation, des facilités apportées par la création de routes, de la pacification des mœurs, “due autant aux missionnaires qu’aux commerçants,” de la disparition de l’esclavage, de la densité croissante de la population, du nombre grandissant de leurs élèves, “grâce à l’État, qui a donné des ordres pour que les enfants soient envoyés à l’école,” de la disparition graduelle des pratiques indigènes primitives, et du contraste entre le présent et le passé. Peut-on vraiment admettre que ces missionnaires chrétiens et anglais, qui, au cours de leurs déplacements, visitaient les postes de factorerie et assistaient aux marchés de caoutchouc, auraient été complices par leur silence d’un régime inhumain ou tortionnaire? Un des rapports annuels de la “Congo Bolobo Mission” conclut: “Dans l’ensemble, le regard rétrospectif est encourageant. S’il n’y a pas eu d’avance considérable, il n’y a pas eu de déception triste, et il n’y a aucune opposition définitive à l’œuvre.... Il y a eu de la disette et des maladies parmi les natifs, notamment à Bonginda.... À part cela, il n’y a pas eu de sérieux freins au progrès....” Et, parlant des effets positifs du travail sur l’état social des indigènes, un missionnaire écrit: “Le plus grand obstacle à la conversion est la polygamie. Beaucoup de maux ont été éradiqués, par exemple, l’oisiveté, grâce à l’État qui a contraint les hommes à travailler; et les combats, du fait qu’ils n’ont pas suffisamment de temps pour se battre.” Ces évaluations des missionnaires nous paraissent plus précises que celles d’un rapport dans lequel, à chaque page, on lit: “On m’a dit;” “il a été dit;” “on m’a informé;” “on m’a assuré;” “ils ont dit;” “il a été allégué;” “je n'ai eu aucun moyen de vérifier;” “il m’était impossible de vérifier;” “je n’ai aucun moyen de vérifier,” etc. En dix lignes, par exemple, on rencontre quatre fois les expressions: “apparaît;” “semble;” “semblerait;” “ne semble pas.”
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.
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 moral que par l’impossibilité de taxer autrement l’indigène, en raison même du fait, constaté par le Consul, que l’indigène n’a pas d’argent. Cette dernière considération fait, pour en donner un autre exemple, que sur 56 700 huttes imposées dans la Rhodésie du Nord-Est, 19 653 paient la taxe “en travail” et 4 938 la paient “en produits.”[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 telle ou telle prestation, sa justification repose toujours en partie sur ce que le Mémorandum du 11 février dernier reconnaît être la “nécessité d’inciter les indigènes à travailler.” Le Consul s’inquiète surtout de la qualification à donner à la fourniture du travail; il s’étonne, si c’est là un impôt, que cet impôt soit payé et récupéré parfois par des agents commerciaux. Dans la rigueur des principes, il est vrai que la rémunération d’un impôt contredit les notions fiscales habituelles; elle s’explique cependant en réalité si l’on considère qu’il s’agit d’habituer des indigènes qui ont toujours été réfractaires à travailler. Et si cette idée du travail peut être plus aisément inculquée aux natifs sous la forme de transactions commerciales entre eux et des particuliers, doit-on nécessairement condamner ce mode d’action, notamment dans des régions où l’organisation administrative n’est pas complète ? Mais il est essentiel que, dans leurs relations de ce type avec les indigènes, les agents commerciaux, tout comme les agents de l’État, s’inspirent de pratiques bienveillantes et humaines. À cet égard, les éléments fournis par le Rapport du Consul feront l’objet d’une étude approfondie, et si le résultat de cet examen révélait des abus réels ou nécessitait des réformes, l'Administration supérieure agirait comme les circonstances l’exigeraient.
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:—
Nobody has ever thought that the tax system in Congo had reached perfection right from the start, particularly regarding the tax base and collection methods. The system of "chiefdoms," which is good in itself because it places a natural leader between the authority and the indigenous people, was based on an idea that was implemented 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.”[70]
“The more important Chiefs who assisted the Administration have received a portion of the taxes collected in their areas, and I believe that if we stick to this policy each year, the outcomes will keep being positive and will motivate the Chiefs to collaborate effectively 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.
Le Décret sur les chefferies[71] a établi le principe de l’impôt et sa collecte 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 actes d’investiture, tableaux statistiques et états de prestation, dont les modèles sont reproduits à l’Annexe IV. Contrairement à ce que dit le Rapport, ce Décret a été exécuté en accord avec l'état d’avancement social des tribus ; de nombreux actes d’investiture ont été rédigés et des efforts ont été faits pour établir des états de répartition équitable des prestations. Le Consul aurait pu le vérifier dans les bureaux des Commissariats, notamment dans les districts du Stanley-Pool et de l’Équateur qu’il a traversés; mais il a généralement ignoré les sources d’information officielles. Sans doute, l’application a été et devait être limitée au début, ce qui a pu faire que les demandes d’impôts n'affectaient pendant un certain temps que les villages dans un certain périmètre autour des stations; mais cette situation s’est progressivement améliorée à mesure que des régions plus éloignées ont été incluses dans la zone d'influence des postes gouvernementaux, augmentant ainsi le nombre de villages soumis à l’impôt et permettant une répartition des taxes sur un plus grand nombre de contribuables. Le Gouvernement vise à un progrès constant dans cette direction, c'est-à-dire à ce que l’impôt soit réparti de manière aussi équitable que possible et soit, dans la mesure du possible, personnel; le Décret du 18 Novembre 1903 vise cet objectif en prescrivant l’établissement de “rôles des prestations indigènes” afin que les obligations de chaque natif soient clairement 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.”
“Each year, Article 28 of this Decree states that the District Commissioners will prepare, within the limits set by Article 2 of this Regulation (specifically, a maximum of forty hours of work per month for each indigenous person), the lists of contributions to be made, in terms of both cash and hours of work by each indigenous resident within the territories of their respective districts.” And Article 55 punishes “anyone responsible for collecting contributions who demands from the indigenous people, either as a tax in kind or in hours of work, contributions worth more than those specified in the tax lists.”
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.
Nobody is unaware that tax collection sometimes faces bad intentions and even refusal to pay. The evidence presented in the report from the Consul for the Congo is supported by experiences, for example, in Rhodesia.
“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]
“The Ba-Unga (Awemba district), residents of the swamps in the Chambezi delta, caused some issues when asked to pay taxes.”[72]—“Although in many cases entire villages retreated into the swamps when called for the hut tax, the overall outcome was satisfactory for the first year (Luapula district).”[73]—“Milala’s people have managed to avoid taxes.”[74]—“A few locals near the Portuguese border, who are far from the Native Commissioners’ stations, are not under the direct supervision of the Native Commissioners, and have thus far been able to evade paying hut tax and refuse to acknowledge the Government’s authority. The rebellious Chief, Mapondera, has successfully dodged punitive expeditions against him on three occasions.... Captain Gilson, from the British South Africa Police, managed to locate him and a large group of locals, inflicting significant losses upon them.... His kraal and all his crops were destroyed. He is now reported to be in Portuguese territory.... Siji M’Kota, another strong Chief in the northern parts of the M’toko district, near the Portuguese border, has also been able to avoid paying hut tax, generally taking a stance that is unacceptable to the Government. I’m happy to report that a patrol is currently heading to these areas to deal with this Chief and try to secure his compliance. It’s important to note that the above comments only pertain to those locals living along the borders of our territories, whose defiant behavior is greatly supported by their closeness to the Portuguese border, allowing them to easily escape whenever they believe that any meeting or contact with the Native Commissioner will disrupt their laid-back lifestyle. They have no movable property that could be seized to recover years of unpaid hut tax and move back and forth with considerable freedom, always keeping themselves completely out of the Native Commissioner’s reach.”[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.
C'est un exemple de ces "expéditions punitives" auxquelles les autorités doivent parfois recourir, et aussi de cette pratique des natifs, qui n’est pas spécifique aux Congolais, de se déplacer dans des territoires voisins pour échapper à l'application de la loi. Si au Congo, dans la collecte des contributions des indigènes, certains cas mentionnés par le Consul ont vraiment dépassé les limites d’une rigueur juste et raisonnable, ce sont des circonstances qui ne pourront être éclaircies que par des enquêtes sur le terrain, et des instructions seront données à cet effet 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]
Il ne peut être davantage accepté, jusqu’à nouvel ordre, 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 chargés de “forcer la récolte du caoutchouc ou les approvisionnements dont chaque factorerie a besoin.”[76] Une autre explication a cependant été donnée, mais elle ne vient pas d'un indigène, à savoir que ces gardes forestiers ont pour mission de s'assurer que la récolte du caoutchouc se fasse de manière rationnelle 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, afin d’éviter l’épuisement total du caoutchouc, comme on l’a vu, par exemple, dans la “Rhodesie du Nord-Est et de l’Ouest.”[78] Les Sociétés et particuliers exploitants ont de ce chef une lourde responsabilité et doivent incontestablement exercer une surveillance minutieuse sur les méthodes et procédés de récoltes. La raison d’être de ces gardes forestiers peut donc, en réalité, être tout autre que celle affirmée par le Consul ; en tout cas, les plaintes formulées à ce sujet feront partie des points à examiner lors de l’enquête au Congo, de même que cette autre remarque du Rapport selon laquelle l’armement de ces gardes forestiers serait excessif et abusif. Il faut dès à présent noter que dans ses évaluations du nombre de gardes armés, le Consul procède par des 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 si elle est établie 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 probable qu’elle représente 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, puisque cela implique à la fois la nécessité de la défense personnelle du capita et le risque d’un usage abusif de l’arme qui lui est confiée—n’a cessé d’être sous 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 témoignage 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—ne les trouvait-on 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 l’existence d'une 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.
These are the initial observations made in Mr. Casement's Report, and we intend to discuss it in more detail once the Government receives the results of the investigation that local authorities are set to conduct. It should be noted that the Government, not wanting to seem to steer the debate, has not raised the preliminary question regarding the surely unusual manner in which the Consul of Her Britannic Majesty has acted in foreign territory. It is clear that the role the Consul has assumed in conducting investigations, bringing forth locals, questioning them in an authoritative manner, and even issuing judgments on the guilt of accused individuals is beyond the scope of a Consul's duties. The reservations regarding this approach must be all the more formal since the Consul intervened in matters where only citizens of the Congo State were involved, which solely fell under territorial authority. Mr. Casement willingly disregarded his own statements when, on September 4, 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.” He was therefore aware that he was overstepping the duties of his position by investigating purely internal administrative matters and encroaching on the responsibilities of territorial authorities, contrary to the rules of Consular law.
“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.”
“The concerns of the locals have been brought to light in this country by ..., who delivered a Petition to the King, requesting relief from the heavy taxation and harsh laws they are complaining about.”
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:—
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.”
“The case has been brought before the House of Commons. The complaints include forced labor on the roads and restrictions that practically amount to slavery; locals have been whipped without trial at the Magistrate's orders and are constantly imprisoned for trivial reasons. Petitions submitted to the local Colonial Secretary have been ignored. Mr. Chamberlain, in response to questions raised in Parliament, cast doubt on the information received but stated that the newly appointed Governor is looking into the entire situation in the Fiji Islands, during which the matter will be thoroughly investigated.”
Ces conclusions sont les nôtres au sujet du Rapport de M. Casement.
These conclusions are ours regarding Mr. Casement's Report.
Bruxelles, le 12 Mars, 1904.
Brussels, March 12, 1904.
(Translation.)
(Translation.)
During the sitting of the House of Commons of the 11th March, 1903, Lord Cranborne observed:—
During the meeting of the House of Commons on March 11, 1903, Lord Cranborne stated:—
“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.”
“We have no reason to believe that the authorities of the Congo Free State recognize slavery, but we have received reports of acts of cruelty and oppression. These reports have come 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.
The Government of the Congo State sent a letter on March 14, 1903, to Sir C. Phipps, asking him to kindly share the information that had been the basis of any reports from British Consuls.
No reply was received to this application.
No response was received to this application.
Lord Lansdowne’s despatch of the 8th August, 1903, contained the following passage:—
Lord Lansdowne's message from August 8, 1903, included this statement:—
“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.”
“Reports about this (alleged mistreatment of locals and the presence of trade monopolies) can be found ... in messages 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 impression was created that at that time, His Majesty’s Government had conclusive evidence provided by their Consuls. However, it seemed clearly necessary for Consul Casement to take a trip to the Upper Congo. Therefore, it appears that the conclusions in the note from August 8th were at least premature; it also follows that, contrary to what was stated in that note, the British Consul was free to undertake any journey in the interior that he deemed appropriate. In any case, it's worth noting that despite the Congo State's repeated requests, the White Paper (“Africa No. 1 (1904)”) recently presented to Parliament does not include any of these previous Consular Reports, which would have been more interesting since they came from a time before the current campaign began.
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 current Report highlights that in some areas visited by the Consul, the population is declining. Mr. Casement doesn’t provide the data on which he bases his comparative figures for 1887 and 1903. One wonders how, during his quick and rushed visits, he was able to obtain his figures for the latter year. On what evidence, for example, does he claim that the riverside population of Lake Mantumba appears to have dropped by 60 to 70 percent over the last ten years? He mentions that in a specific area referred to as F*, the combined population of all the villages is currently no more than 500 people; but just a few lines later, those same villages are described as having only 240 residents in total. These are minor details, but they quickly reveal a lack of accuracy in some of the Consul's conclusions. It’s unfortunately true that the population has decreased; however, this decline is due to factors other than a harsh or oppressive administration affecting the local people. The primary reason is the sleeping sickness, which is decimating populations across Equatorial Africa. The Report itself notes that “a prominent place must be assigned to this malady,”[83] and that this illness is “probably one of the principal factors” in the population decline.[84] It's enough to read the Rev. John Whitehead’s letter, referenced by the Consul (Annex II to the Report), to understand the devastation caused by this disease, which the missionary attributes to half of the deaths occurring in the riverside regions of the district. In a recent interview, Mgr. Van Ronslé, Vicar Apostolic of the Belgian Congo, who speaks with the authority of someone experienced with African issues and who has lived for long periods in various locations in the Congo, explained the spread of this plague and the inevitable decline of the populations it affects, regardless of their social circumstances; he mentioned, among other instances, the horrific loss of life caused by this illness in Uganda. If we add to this main cause of depopulation in the Congo outbreaks of smallpox, the current inability of tribes to maintain their numbers through the purchase of slaves, and the ease with which locals can migrate, it becomes clear why the Consul and the missionaries might have noticed a decrease in the population of certain areas without this decline necessarily being the result of an oppressive system. Annex I contains the statements made by Mgr. Van Ronslé on this topic. His comments regarding the impact of the suppression of slavery on population numbers 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]
“The people (slaves) are mostly originally prisoners of war. Since the Emancipation Proclamation, they have simply gone back to their far-off homes, knowing their owners can't recapture them. This is one reason why some believe the population is shrinking, and another reason is the large movement of people up and down the 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]
“As long as the Slave Trade thrived, the Bobangi thrived, but with its end, they are starting to vanish since their towns relied on 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 Consul talks about instances of natives from the Congo moving to the French side, but he doesn't know why this is happening. It's not entirely clear why he holds the State responsible for this, at least based on the reasons given by some of the people involved. For example, the English missionary Rev. W. H. Bentley provides some explanations for this kind of emigration. One example is about 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 main difficulty has been the shifting of the population. It seems that when the station was established in 1886, the population in the riverain Colonies was between 5,000 and 6,000. About two years later, Chief Mpuki had disputes with his neighbors, and tensions escalated. Mpuki then moved his people to the opposite (French) side of the river. This exodus resulted in a significant loss of residents. In 1890 or 1891, a chief from one of the lower towns was pressured by the majority of his people to leave the State side, and several chose to go with him. By around 1893, the remaining residents in the lower towns either followed the deposed chief across the river or settled inland. Toward the end of 1894, a soldier sent to gather firewood for the State steamers on an island near the towns abandoned his work to make a malicious demand in one of the towns. He shot the man who refused him. The soldier was appropriately punished by the State officer in charge, but this incident, along with other minor issues, caused a panic, leading nearly all the residents to flee to the French side or hide inland. Thus, the once-thriving township has fallen apart.”[87]
The other refers to the station at Bolobo:—
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’s truly rare for Bolobo, with its 30,000 to 40,000 people spread across about a dozen clans, to be at peace for any significant time. The toll from these small wars, the number of people killed for witchcraft, and those buried alive with the dead create, even within our limited view here in Bolobo, a near-daily drain on the country’s vitality and an unimaginable amount of grief and suffering.... The Government was not blind to these violent practices.... In 1890, the District Commissioner gathered the people and warned them against burying slaves alive in the graves of free individuals, and the careless killing of slaves that was common at the time. The locals were not fond of the rising authority of the State.... Our presence among them was not without its challenges.... There was a growing resentment toward white people in general, and especially toward the State. The locals became disrespectful and arrogant.... Around this time... as a military force sailed past the Moye towns, the steamers were shot at. The soldiers disembarked, burning and looting the towns. The locals fled into the grass, and many crossed to the French side of the river. They realized that Bula Matadi, the State, was not the powerless entity they had long believed it to be. This took place early in 1891.”[88]
It will be seen that these examples do not attribute the emigration of the natives to any such causes as:—
It will be seen that these examples do not attribute the emigration of the natives to any causes such as:—
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.
The Report extensively discusses the issue of native taxes. It explains how the locals are subjected to forced labor in different ways, such as providing the Government with "chikwangues," or fresh supplies, in one area, while in another, they are required to help with public works like building a jetty in Bololo or maintaining the telegraph line at F*; in other places, they must collect produce from the government-owned lands. We assert that these levies on the locals are justified, aligning with His Majesty’s Government, which stated in the Memorandum dated February 11th that the industry and growth of the British Colonies and Protectorates in Africa indicate that His Majesty’s Government has always recognized the need for the locals to contribute to public expenses and to be encouraged to work. We also concur with His Majesty’s Government that if there are abuses in this context—and there have been in all Colonies—such abuses need to be addressed, and it is the responsibility of the authorities to eliminate them and to balance the Government's needs with the genuine interests of the locals.
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.
But in this matter, the Congo State intends to fully exercise its sovereign rights—just as His Majesty’s Government explained in their recent Memorandum regarding Sierra Leone—without consideration for external pressure or foreign interference, which would infringe upon its fundamental 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.
The Consul, in his Report, clearly tries to make it seem like taxes in the Congo are collected in a violent, inhumane, and cruel way, and we are particularly eager to refute the claim that has frequently been made against the State, suggesting that such collection leads to horrible acts of mutilation. On this matter, a quick read of the Report may give the impression that it gathers not straightforward, precise, and verified facts, but rather the statements and claims of locals.
There is a preliminary remark to be made in regard to the conditions in which the Consul made his journey.
There’s an initial comment to make about the circumstances under which the Consul took his trip.
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.
Whether that was his intention or not, the British Consul seemed to the locals like someone who was addressing the wrongs, whether real or imagined, of the natives. His presence at La Lulonga, coinciding with the campaign against the Congo State in an area long influenced by Protestant missionaries, undoubtedly held a significance for the locals that they couldn't ignore. The Consul carried out his investigations completely independently of government officials, without any actions or cooperation from the regular authorities. He was assisted in his efforts by English Protestant missionaries, conducted his inspections on a steamer owned by a Protestant Mission, and was mostly hosted by the Protestant Missions. Given these circumstances, it was inevitable that the locals viewed him as an opponent 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:—
Other proof isn’t needed beyond the fact that while the Consul was at Bonginda, the locals gathered at the riverbank as some agents from the La Lulonga Company were passing by in a canoe, shouting: “Your violence is done, it's fading away; only the English are left; hope the rest of you perish!” There’s also a notable comment from a Protestant missionary, who, while mentioning this incident, said:—
“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.”
“The Consul was here at the time, and the people were very excited and clearly thought they were in a good position.... The people have come up with this idea (that the rubber work was done) on their own, likely because of 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.
In these circumstances, considering the mindset that seems to exist among the locals, their sensitive nature, and their natural wish to avoid taxes, there’s no doubt that the conclusions the Consul would reach would be exactly those outlined 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.
To illustrate this point and demonstrate how little weight should be given to his research, it will be enough to look at one example, the one Mr. Casement mainly depends on; we refer to the Epondo case. This is the case of the child 11, 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.
It’s essential to go into some detail about this case, as it’s important.
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.
On September 4, 1903, the Consul was at the Bonginda station of the Congo Bololo Mission, having just returned from a trip on the Lopori, during which he didn't encounter any of those acts of mutilation commonly attributed 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.
At Bonginda, the locals from a nearby village (Bossunguma) approached him and informed him, among other things, that a "guard" from the La Lulonga Company, named Kelengo,[90] had cut off the hand of a local named Epondo, whose injuries were still barely healed. The Consul went to Bossunguma, along with Rev. W. D. Armstrong and Rev. D. J. Danielson, and had the injured native brought before him. In response to the Consul's question, he accused a guard named ‘Kelengo’ (assigned to the town by the local representative of the La Lulonga Society to ensure the people collected rubber) of doing it. These are the Consul’s own words: it was important to establish a connection between the rubber collection and this alleged act 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.”
The Consul began questioning the Chief and some of the villagers. They responded by blaming Kelengo; most claimed they were eye-witnesses to the act. The Consul asked through his interpreters if there were any other witnesses who saw the crime being committed and accused Kelengo of it. “Almost everyone there, about forty people, shouted in unison 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.
To understand the intensity of the violence the locals accused Kelengo of, and how the accused’s denials were unanimously dismissed by his accusers, it's essential to read the entire report of this investigation, as written by the Consul himself in a kind of procès-verbaux dated September 7th, 8th, and 9th (Annex II). Accusers came from all sides, and the agitated crowd unleashed a range of accusations: he had chopped off Epondo’s hand, imprisoned women, and stole ducks and a dog! The Consul didn’t let the emotional nature of these accusations raise his suspicions; without any further proof of their truth or sincerity, he viewed his inquiry as conclusive. Just as he took on the role of Public Prosecutor by conducting preliminary inquiries into the situation, he anticipated the decision of the responsible authorities by telling the gathered crowd that “Kelengo deserved severe punishment for his illegal and cruel actions.” He further dramatized the situation by taking the supposed victim and presenting him on September 10th to the officer in charge at Coquilhatville, to whom he gave a copy of the inquiry record. On September 12th, he sent a letter to the Governor-General, marked “personal and private,” in which he used this incident, among others, to criticize “the system of general exploitation of an entire population that can only succeed through the use of arbitrary and illegal force.” With his inquiry concluded, he immediately began his return journey to the Lower Congo.
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:—
As soon as the Consul's report reached the Public Prosecutor's Department, M. Gennaro Bosco, the Acting Public Prosecutor, went to the location and conducted a judicial inquiry under standard conditions, free from outside influences. This inquiry revealed that His Britannic Majesty’s Consul had been the target of a scheme devised by the locals, who, hoping to avoid work, had agreed to portray Epondo as a victim of the cruel actions of a commercial Company’s leader. In truth, Epondo had suffered an accident while hunting and was bitten on the hand by a wild boar; gangrene set in, leading to the loss of his hand, and the locals cleverly exploited this when speaking to the Consul. We include (Annex No. 3) excerpts from the inquiry led by the Acting Public Prosecutor regarding the Epondo case. The evidence is typical, consistent, and without contradictions. It leaves no doubt about the cause of the accident, clearly shows that the locals lied to the Consul, and reveals their motive: the hope that the Consul's involvement would exempt them from paying taxes. The inquiry demonstrates how Epondo, eventually held accountable, retracted his initial statements to the Consul and admitted he had been swayed by his village's people. He was questioned as follows:—
Q. Do you persist in accusing Kelengo of having cut off your left hand?
Q. Do you still accuse Kelengo of cutting off your left hand?
A. No. I told a lie.
A. No. I lied.
Q. State, then, how and when you lost your hand.
Q. So, tell me 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.
A. I was a slave of Monkekola’s at Malele, in the Bangala district. One day I went boar-hunting with him. He wounded one with a spear, and the animal, enraged, turned on me. I tried to run away with the others, but I fell down, and the boar was on me in an instant, tearing off my left hand and injuring 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.
The witness reveals the scars he has in the areas mentioned, and voluntarily lying down, demonstrates the position he was in when the boar attacked and injured him.
Q. How long ago did this accident happen?
Q. When did this accident occur?
A. I don’t remember. It was a long time ago.
A. I don’t remember. It was a long time ago.
Q. Why did you accuse Kelengo?
Why did you call out Kelengo?
A. Because Momaketa, one of the Bossunguma Chiefs, told me to, and afterwards all the inhabitants of my village did so too.
A. Because Momaketa, one of the Bossunguma Chiefs, told me to, and after that, everyone in my village did too.
* * * * * * * *
* * * * * * * *
Q. Did the English photograph you?
Q. Did the English take your picture?
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]
A. Yes, in Bonginda and Lulanga. They told me to position the stump far ahead. There were Nenele, Mongongolo, Torongo, and other white people whose names I don't know. They were white folks from Lulanga. Mongongolo took 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:—
Epondo voluntarily repeated his statements and retractions to a Protestant missionary, Mr. Faris, who resides in Bolengi. This gentleman has sent the Commissary-General in 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.
“I, E. E. Faris, a missionary living in Bolengi, Upper Congo, declare that I interviewed the boy Epondo, from the village of Bosongoma, who was at my house on September 10, 1903, with Mr. Casement, the British Consul. Following a request from Commandant Stevens of Coquilhatville, I took him to the mission station at Bolengi on October 16, 1903; and that this boy has today, October 17, 1903, told me that he lost his hand due to a wild boar's bite."
“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.”
“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 waging war in his village to collect rubber, but he insists that what he has told me today is the truth.”
(Signed) “E. E. Faris.”
(Signed) “E. E. Faris.”
“Bolengi, October 17, 1903.”
“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:—
The inquiry led to the release of the prisoner, which, regarding the Epondo question, was stated as follows:—
We, Acting Public Prosecutor of the Court of Coquilhatville:
We, the 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—
Having considered the notes taken by His Britannic Majesty’s Consul during his visit to the villages of Ikandja and Bossunguma in the Ngombe territory, it seems that a certain Kelengo, a forest guard working for the La Lulonga Company—
(a.) Cut off the left hand of a certain Epondo;
(a.) Cut off the left hand of a man named Epondo;
(b.) ...;
(b.) ...;
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 taken into account the investigation started by Lieutenant Braeckman, which partly supports the findings of the investigation initiated by His Britannic Majesty’s Consul but also partly contradicts it, and in addition to the charges already made against Kelengo, it adds the charge of having killed a native named 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;
Considering the conclusions made by the police employee in question, which raise serious doubts about 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;
In light of the fact that all the locals who made these accusations against Kelengo, whether it was to His Britannic Majesty's Consul or Lieutenant Braeckman, ran away when we, the Acting Public Prosecutor, called them in, and that all attempts to locate them have been unsuccessful; this escape clearly casts doubt on the validity of their claims;
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 all the witnesses we've interviewed during our investigation say ... that Epondo lost his left hand because of a wild boar bite;
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 Epondo verifies these claims and admits that he lied at the urging of the locals from Bossunguma and Ikondja, who hoped to avoid rubber collection by seeking help from His Britannic Majesty’s Consul, whom they thought was very influential;
That the witnesses, almost all inhabitants of the accusing villages, admit that such was the object of their lie;
That the witnesses, almost all residents of the accusing villages, acknowledge that this was the purpose 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 this version, besides the agreement of all the witnesses and those harmed, is also the most believable, considering that everyone knows the locals generally dislike work and collecting rubber, and are also willing to lie and falsely accuse others;
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 is confirmed by the clear opinion of the English missionary Armstrong, who believes the natives are “capable of any scheme to avoid work, especially the labor of collecting rubber”;
That the innocence of Kelengo having been thoroughly established, there is no reason for proceeding against him;
Since Kelengo's innocence has been clearly established, there is no reason to take any action 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.
On the reasons stated above, we, the Acting Public Prosecutor, declare that there are no grounds to take action against Kelengo, a forest guard employed by the La Lulonga Company, for the offenses listed in Articles 2, 5, 11, and 19 of the Penal Code.
(Signed) Bosco,
Acting Public Prosecutor.
(Signed) Bosco,
Acting District Attorney.
Mampoko, October 9, 1903.
Mampoko, Oct 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.
We have discussed the case in detail because the Consul views it as extremely important, and he relies on this one case to trust the accuracy of all the other statements made to him by locals.
“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.”
“In the one case I could personally investigate,” he says,[92] “the one involving the boy, I found this accusation clearly proven on the spot, with apparently no doubt about the guilt of the accused guard.”
And further on:—
And later on:—
And elsewhere:—
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 was clearly impossible for me to ... verify on the spot, like in the case of the boy, the claims they made. In that situation, the truth of the accusations was fully established.”[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:—
It is also to this case that he refers in his letter dated September 12, 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.’ ”
“When I talked to M. le Commandant Stevens at Colquilhatville on the 10th, when the mutilated boy Epondo stood before us as proof of the terrible situation I condemned, I said, ‘I’m not blaming one person, I’m blaming the whole 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’s only reasonable to think that if the rest of the evidence in the Consul’s Report is as unreliable as what he received in this specific case, it can’t be considered definitive. Clearly, in those situations where the Consul, as he himself acknowledges, didn’t try to verify the claims made by the locals, those claims are likely worth even 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—
It’s definitely true that the Consul intentionally took on the obvious risk of being misled because of how he questioned the locals. He did this through two interpreters—“Vinda, speaking in Bobangi, and Bateko, repeating his words... in the local dialect;[95] so the Consul relied not only on the honesty of the native being questioned but also on the accuracy of the translations from two other natives, one of whom was his own servant, and the other apparently the interpreter for the missionaries.[96] But anyone who has interacted with the local population knows how prone they are 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.”
“The locals of the Congo who surrounded us were despicable, untrustworthy, and harsh, brazen liars, dishonest, and foul.”
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]
It’s also important, if you want to understand the true value of this evidence, to recognize that while Mr. Casement was interviewing the locals, he was with two local Protestant English missionaries, whose presence would have certainly influenced 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.
We would be overstepping if we concluded that we should dismiss all the native statements reported by the Consul. However, it's clear that his evidence isn’t strong enough to form a well-considered judgment, and the details in question need to be thoroughly and fairly examined.
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]
On looking over the Consul’s detailed Report regarding other cases he has seen, which he categorizes as cases of mutilation, you'll notice he refers to two incidents that happened on Lake Mantumba[99] “a few years ago.”[100] He lists several more cases, but the details provided in the Report don’t seem to line up,[101] stating they took place near Bonginda,[102] right in the area of the Epondo inquiry, where, as noted, the overall sentiment was heightened and biased. These are the cases he claims he didn’t have time to investigate thoroughly,[103] and according to the locals, were caused by agents of the La Lulanga Company. Were these examples of victims of local customs that the natives would have been careful not to acknowledge? Were the injuries the Consul observed the result of some conflict between neighboring villages or tribes? Or were they truly inflicted by the Company’s black subordinates? This can't be figured out just by reading the Report since, in this instance, as in every other, the locals were the only source of the Consul's information, and he himself only took quick notes of their many statements for a few hours on the morning of September 5th, being in a rush 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]
Despite the importance he places on the “air of frankness” and the “air of conviction and sincerity”[105] from the locals, his own experience clearly demonstrates the need for caution and makes his claim “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] seem reckless.
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.
Now that the Consul has highlighted these few cases—regardless of whether they involve cruelty, and they are the only ones he has personally looked into, and even then without being able to sufficiently prove their actual cause—the authorities will, of course, investigate and conduct inquiries. It’s unfortunate that, given this situation, all details regarding dates, locations, and names have been systematically excluded from the copy of the Report sent to the Government of the Independent State of the Congo. It’s clear that these omissions will create significant challenges for the Magistrates who will need to investigate the facts, and the Government of the Congo hopes that, in the interest of truth, they can be provided with the full 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]
It’s not surprising that the government of the Congo State is taking this opportunity to protest against the actions of their critics, who have chosen to publicly circulate photos of mutilated natives and have started the nasty rumor that hands were cut off with the knowledge or even at the encouragement of Belgians in Africa. For instance, the photo of Epondo, who is mutilated in a well-known way and has “twice been photographed,” is likely one of those images that English pamphlets are using as evidence of the horrible administration of the Belgians in Africa. One English magazine reproduced the photo of a “cannibal surrounded by the skulls of his victims,” and beneath it, they wrote: “In the original photograph, the cannibal was naked. The artist has made him decent by ... covering his chest with the star of the Congo State. It is now a suggestive emblem of the Christian-veneered cannibalism in the Congo.”[107] At this rate, it would be enough to discredit the Uganda Administration if images were published showing the mutilations that, in a letter dated Uganda, 16th December 1902, Dr. Castellani says he saw near Entebbe itself: “It is not difficult to find there natives without noses or ears, etc.”[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:—
The truth is, that in Uganda, as in the Congo, the locals still give in to their primal instincts. This objection has been anticipated by Mr. Casement, who notes:—
“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]
“It wasn’t a local tradition before the arrival of white settlers; it didn’t come from the basic instincts of tribes during their conflicts with one another; it was a calculated action by the soldiers of a European administration, and these soldiers openly admitted that they were simply following the direct 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.
That Mr. Casement would make such a serious accusation without providing solid proof seems to validate those who believe that his previous job hasn't truly prepared him for the role of a Consul. Mr. Casement spent seventeen days on Lake Mantumba, which is said to be 25 to 30 miles long and 12 to 15 miles wide, surrounded by thick forest.[110] He hardly left the shores at all. Given these circumstances, it’s hard to see how he could have conducted any meaningful research into the past habits and customs of the local people. On the contrary, the fact that the tribes still remain very primitive and practice cannibalism,[111] suggests they haven't moved away from the brutal practices that were typically associated with savage behavior and cannibalism throughout Africa. In one area that the Consul visited, the testimony of English missionaries on this matter is quite revealing. Rev. McKittrick, while describing the violent conflicts among the natives, recounts his attempts to bring peace to the region through the Chiefs:—“.... We told them that from now on we wouldn’t allow anyone carrying spears or knives to pass through our station. Our God is a God of peace, and we, His children, could not stand to see our black brothers cutting and stabbing each other.”[112] “While I was traveling up and down the river,” says another missionary, “they showed me the King’s beaches, where they used to send out their fighters to capture canoes and people. It was heartbreaking to hear them talk about the terrible massacres that occurred at the death of a great Chief. A deep pit was dug in the ground, into which dozens of slaves were thrown after having their heads chopped off; and on that horrific pile, they placed the Chief’s dead body to top the unimaginable human slaughter.”[113] And the missionaries mention how easily the natives return to their old customs even today. It seems, too, that the claim made in the Report,[114] that the natives now flee at the approach of a steamer as they never did before, doesn’t quite align with the accounts of travelers 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.
Be that as it may, it's important to note that nowhere in the area where the A.B.I.R. Company operates did the Consul find any evidence of cruelty that could be blamed on the commercial agents. This is striking, especially since the A.B.I.R. Company is a concession company, and the system of concessions is often blamed for the most harmful effects on the locals.
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]
What’s important to uncover from the vast array of questions raised by the Consul, and the multitude of smaller facts he has gathered, is whether the picture he has painted of the miserable lives led by the locals reflects the actual situation. For example, we can look at the Lulanga and Lopori districts, where the mission stations of the “Congo Balolo Mission” have been established for many years. These missionaries are based in the most remote areas, at Lulonga, Bonginda, Ikau, Bongandanga, and Baringa, all of which are located within the operational areas of the La Lulonga and A.B.I.R. Companies. They maintain ongoing communication with the local populations, and a special monthly publication called “Regions Beyond” regularly shares their letters, notes, and reports. A review of these publications shows no evidence, prior to April 1903—by that date, it is true that Mr. Herbert Samuel’s motion had been presented in Parliament—of anything that would indicate or reveal that the overall situation of the local populations warranted denunciation to the civilized world. The missionaries celebrate the active support they receive from various official and commercial representatives, [115] regarding their evangelization efforts, [116] the opportunities provided by road construction, [117] the way the locals are becoming more civilized, “due to the mere presence of white people among them, including both missionaries and traders,” [118] the decline of slavery, [119] the population density, [120] the increasing number of their students, “especially since the State has ordered that all children in the area attend mission schools,” [121] the gradual fading of the natives’ traditional customs, [122] and finally, the sharp differences between now and the past. [123] Can we really believe that these Christian English missionaries, who visited various factories and witnessed rubber markets, would remain silent and thus become complicit in an inhumane or unjust government system? One of the conclusions in an Annual Report from the Congo Balolo Mission states: “Overall, the review is encouraging. While there hasn’t been significant progress, there hasn’t been a serious decline, nor any clear opposition to the work.... There has been considerable famine and sickness among the locals, especially in Bonginda.... Aside from that, there have been no major obstacles to progress....” [124] And incidentally discussing the positive effects of work on the social conditions of the locals, a missionary writes: “The biggest barrier to conversion is polygamy. Many issues have been addressed, e.g., idleness, thanks to the State mandating that men work; and fighting, as they no longer have the time to engage in it.” [125] These views of the missionaries seem to be more definitive than those found in a Report that often relies on phrases like: “I was told,” “it was said,” “I was informed,” “I was assured,” “they said,” “it was alleged,” “I had no way to verify,” “it was impossible for me to confirm,” “I have no means of determining,” etc. Within just a few lines, the terms “appears,” “would seem,” “would seem,” and “do not seem” are used four times. [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.
The Consul doesn’t seem to realize that local taxes in the Congo are collected in the form of labor, and this type of tax is justified both by the moral impact it has and by the fact that taxing the locals in any other way isn’t feasible, since, as the Consul acknowledges, the locals have no money. This consideration explains why, for instance, out of 56,700 huts taxed in North-Eastern Rhodesia, 19,653 pay their tax “in labor,” while 4,938 pay it “in produce.”[127] Whether this labor goes directly to the State or to a private business, and whether it supports this or that project based on local needs, one justification always stems from what the Memorandum dated February 11 acknowledges as the “necessity of the natives being encouraged to work.” The Consul seems quite concerned about how to describe this forced labor; he is surprised that if it’s a tax, it is sometimes collected by commercial agents. Strictly speaking, it cannot be denied that the idea of compensating someone for paying taxes goes against typical financial principles; however, the issue resolves itself when you consider that the goal has been to get the locals used to working, something they have historically been very reluctant to do. If this concept of work can more effectively be instilled in the locals through commercial exchanges with private individuals, is it necessary to criticize this approach, especially in areas where the Administration isn’t fully established yet? It is crucial that in these interactions with the locals, both commercial agents and state representatives act kindly and humanely. Regarding this matter, the Consul’s Report will be carefully reviewed, and if the investigation reveals genuine abuses that require reforms, the heads of the Administration will act as needed.
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:—
But no one has ever thought that the tax system in the Congo reached perfection right away, especially when it comes to things like assessing taxes and how to collect them. The system of "Chieftaincies," which is beneficial because it lets the authorities and the locals communicate through their natural Chief, was based on an idea implemented in other places:—
“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 more important Chiefs who supported the Administration have received a set percentage of the taxes collected in their areas, and I believe that if this policy is followed each year, the outcomes will remain positive and will motivate the Chiefs to collaborate 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.
The Decree regarding these Chieftaincies[129] established a tax principle, requiring annual contributions from each village in the form of produce, forced labor, workers, or soldiers. The implementation of this Decree has been documented through investment deeds, statistical tables, and contribution details, examples of which can be found in Annex IV. Despite what is mentioned in the Report, this Decree has been enforced as much as possible, considering the social conditions of the various tribes; many investment deeds have been created, and attempts have been made to create a fair assessment of the contributions. The Consul could have discovered this at the Commissioners’ offices, especially in the Stanley Pool and Equator districts he traveled through; however, he generally overlooked official sources of information. Initially, the application of the Decree was understandably limited, and it seems that only villages close to stations were required to pay taxes for some time; however, this situation has gradually improved as more remote areas have become part of the Government's influence, leading to an increase in the number of villages subject to taxation and allowing taxes to be collected from more people. The Government aims to ensure that this progress continues, meaning that taxation should be distributed more fairly and, as much as possible, be personal; this was the goal of the Decree from November 18, 1903, which called for the creation of “lists of native contributions” to clearly define the obligations of each native.
“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.’ ”
“Article 28 of this Decree states that, according to Article 2 of these regulations (meaning within a limit of forty hours of work per month for each native), the District Commissioners will prepare annual lists of the taxes to be paid, either in land or in labor, by each native living in their districts. Article 55 penalizes ‘anyone responsible for collecting taxes who demands from the natives, either in goods or labor, contributions that are greater in value than those specified in the tax tables.’”
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:—
It is well-known that collecting taxes is sometimes met with resistance and refusal to pay. Evidence of this can be found in the Report of the Consul for the Congo, as shown by events that have occurred, for example, 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]
“The Ba-Unga (Awemba district), who live in the swamps of the Zambezi delta, caused some issues when they were called 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]
“While in many instances entire villages escaped into the swamps when asked to pay the hut tax, the overall outcome was positive for the first year (Luapula district).”[131]
“Milala’s people have succeeded in evading taxes.”[132]
“Milala’s people have managed to avoid 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]
“A few locals living near the Portuguese border, who, due to their great distance from the Native Commissioners’ Stations, aren't directly supervised by the Native Commissioners, have been avoiding paying hut tax and have refused to acknowledge the Government's authority. The rebellious Chief, Mapondera, has successfully dodged punitive expeditions sent against him three times. Captain Gilson, from the British South Africa Police, managed to find him along with a large group of locals, causing significant losses for them. His kraal and all his crops were destroyed. He is now said to be in Portuguese territory. Siji M’Kota, another powerful Chief in the northern part of the M’toko district near the Portuguese border, has also managed to avoid paying hut tax and generally maintains an attitude that the Government finds unacceptable. I’m pleased to report that a patrol is currently heading to these areas to deal with this Chief and try to secure his submission. It should be noted that these comments specifically refer to those locals living along the borders of our territories, whose defiant stance is largely supported by their closeness to the Portuguese border, from which they can easily retreat whenever they feel that any meeting or contact with the Native Commissioner might disrupt their lazy lifestyle. They own no movable property that could be seized to recover hut taxes owed for many years, and they travel back and forth with considerable freedom, always placing themselves completely out of 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.
The above is an example of those “punitive expeditions” that authorities sometimes have to carry out, as well as a common practice among locals—not just in the Congo—of moving into a neighboring area to escape the law. Whether there have been instances in the Congo, among those cited by the Consul, where the boundaries of fair punishment have been crossed is something that can only be determined through on-site investigation, and instructions will be issued to the authorities in Boma to look into this.
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]
We also cannot accept, based on the information currently before us, the conclusions of the Report regarding the actions of the forest guards employed by the A.B.I.R. and La Lulonga Companies. These subordinate officers are described by the Consul as being solely tasked with "using force to collect rubber or the supplies needed by each factory."[134] It’s true that another explanation has been provided—though not by a local—that says the job of these forest guards is to ensure that the rubber is harvested properly and to prevent the locals from cutting the plants.[135] It is well known that the law has strict requirements for protecting the rubber zones, regulates how they should be worked, and mandates planting and replanting to prevent the complete depletion of the rubber plants that has happened, for example, in Northeastern and Western Rhodesia.[136] A significant responsibility in this area lies with the Companies and private individuals involved in developing the region, and it is clear they must closely supervise how the harvest is collected. Therefore, the purpose for which these forest guards are employed may be quite different from what the Consul claims; in any case, the complaints raised on this issue will warrant investigation in the Congo, as will the other remark from the Report stating that the way these forest guards are armed is excessive and prone to misuse. It should be noted that in determining the number of these forest guards, the Consul has to rely on assumptions,[137] and he admits: “I have no way of determining the number of this type of armed personnel employed by the A.B.I.R. Company.”[138] He points out that one of these men's guns was marked on the butt “Depôt 2210.” However, it is clear that such a mark can only have the significance that the Consul wants it to have, as it can only be validated if it is shown to refer to the numbering of the arms used in the Concession, and that is not the case because this specific “Depôt” mark is not used by either the State or Company officials, and it seems to be an old manufacturer’s mark. Regarding how the capitas are armed, the Consul can hardly be unaware that the higher authorities have always paid special attention to this matter, which is indeed complicated, as it is necessary to consider the personal safety of the capita while also not overlooking the potential for these arms to be misused. This issue is discussed not only in the Circular of October 20, 1900, which the Consul has included, but there is also a collection of Circulars on the subject, including those from March 12, 1897, May 31 and November 28, 1900, and April 30, 1901. Copies of these are attached as evidence of the Government's firm commitment to ensure that the laws regarding this matter are strictly enforced (Annex V). Yet, despite all these precautions, the Consul found that several capitas did not have permits (though they might have been available at the head office), and that two were equipped with precision arms.[139] But these few violations of the rules are clearly not enough to demonstrate the existence of a large armed organization aimed at instilling fear in the locals. On the contrary, the Circular from September 7, 1903, published in Annex VII of the Consul’s Report, is proof of the Government's diligence in ensuring that the regular black troops are always under the supervision 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.
These are the initial comments brought up by Mr. Casement’s Report, and we reserve the right to address it in more detail as soon as the Government receives the findings from the inquiry that the local authorities are about to conduct. It's clear that the Government, wanting to avoid appearing reluctant to discuss this matter, has not questioned the rather unusual way in which His Britannic Majesty’s Consul has operated in a foreign country. It’s evident that it goes against a Consul's responsibilities for Mr. Casement to take it upon himself to initiate inquiries, summon locals, interrogate them as if he had proper authority, and make judgments regarding the guilt of the accused. The reservations regarding this approach must be particularly formal since the Consul was intervening in issues that only pertained to subjects of the Congo State, matters that fell exclusively under the jurisdiction of the local authorities. Indeed, Mr. Casement himself emphasized how little authority he had to interfere when he wrote to the Governor-General on September 4, 1903: “I have no right of representation to your Excellency except where the persons or interests of British subjects living in this country are affected.” Thus, it is clear that he understood he was overstepping his duties by investigating matters that solely involved internal administration, thereby, against all laws of Consular jurisdiction, encroaching on the responsibilities of the local 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.”
“The complaints of the locals have been shared in this country by——, who brought over a petition to the King, asking for relief from the heavy taxes and unfair laws they are facing.”
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:—
These lines are taken from the 1903 Report of the British and Foreign Anti-Slavery Society, and the people mentioned are the natives of the Fiji Islands. The Report continues:—
“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.”
“The case has been brought before the House of Commons. The complaints include forced labor on the roads and restrictions that effectively amount to slavery; locals have been whipped without trial on orders from magistrates and are frequently imprisoned for trivial reasons. Petitions submitted to the local Colonial Secretary have been ignored. Mr. Chamberlain, in response to questions asked in Parliament, questioned the validity of the information received but mentioned that the newly appointed Governor is looking into the entire situation in the Fiji Islands, and during this process, the matter will be thoroughly investigated.”
Such are also our conclusions in regard to Mr. Casement’s Report.
Such are also our conclusions about Mr. Casement’s Report.
Annexe 1.
Déclaration de Mgr. Van Ronslé, Évêque de Thymbrium, Vicaire Apostolique du Congo Belge.
Statement from Mgr. Van Ronslé, Bishop of Thymbrium, Apostolic Vicar of the Belgian Congo.
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.
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.
Mr. Weeks is careful to limit his observations to what he has seen along both banks of the Congo, between Bokongo and Ikunungu, in the Bangala villages near New Antwerp; however, he takes a bit more of a risk by extending his claims to most of the navigable Congo, meaning from Stanley Pool to 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.
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.
Nous le reconnaissons, l’auteur ne présente pas explicitement cette thèse de manière générale ; mais après l’avoir formulée spécifiquement pour Nouvelle-Anvers, il décrit ensuite la situation générale de telle sorte qu’on pourrait croire que toutes les populations riveraines sont décimées parce qu’elles sont toutes également opprimées par le gouvernement. Le lecteur ne peut pas en 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.
Le souci de la vérité nous pousse à avertir le public contre des conclusions trop rapides.
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.
L’auteur sait que parmi les tribus Bobangi (connues sous les noms de Bwembe, Bolobo, Lukolela), qui sont un unfortunate dying people, le Gouvernement n’a jamais recruté de soldats ni de travailleurs, et que les taxes imposées à leurs nombreux villages le long du fleuve sur une distance de 100 lieues consistent à approvisionner trois postes, dont Yumbi est le seul qui compte vraiment, et à entretenir (depuis deux ans) la route de la ligne téléphonique—des exigences en réalité insignifiantes pour ceux qui sont un 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.
C'est un fait que ces populations subissaient de grandes pertes depuis 1890, à une époque où les impositions n'étaient pas présentes; et il est également vrai que leurs voisins de la rive française, qui ne sont pas imposés, meurent aussi, notamment ceux qui vivent près 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 malgré l'absence 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?
Nous voilà donc face à des déclins de population qui ne sont sûrement pas causés par l'oppression, et il faut chercher d'autres raisons. Si les lettres de Mr. Weeks induisent en erreur pour la plupart des cas, il est alors permis de douter qu'elles nous révèlent la véritable situation à Nouvelle-Anvers. N'y a-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.
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.
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.
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.
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.
Notre Mission de Berghe-Sainte-Marie, affected by contact with the Bobangi tribes nearby, has seen all its inhabitants disappear, down to the last one. The 100 families that had settled there lived happily, in almost ideal conditions.
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.”
Another fact: Newspapers have reported that in Uganda, English Colonies lose 50,000 people every year. And today, regarding a discovery that Colonel Bruce supposedly made about this matter, one newspaper published an article that concludes as follows: “Sleeping sickness continues to wreak havoc in Uganda. On Brevuna Island, which had a population of 82,000, there are now only 22,000 individuals left, while the population of the Basaga Province is completely wiped out.”
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.
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 sorte 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.
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.
La raison que je considère comme deuxième en importance n'est pas mentionnée par le Révérend Mr. Weeks. Elle réside dans l'interdiction du commerce des esclaves et le manque de natalité ; même si l'on suppose que les tribus Bangala étaient restées saines, cette raison les aurait rendues incapables de maintenir leur population et aurait même entraîné une diminution significative.
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.
Mr. Weeks estimated that the population of New Antwerp reached 50,000 in 1890. We observed that among this population, there was a significant number of foreign-born slaves, particularly from the Mongo group. Let's say that about a third were not originally from New Antwerp. The Bangala had acquired them either through wars or by buying them. This source of acquisition was cut off by the Government.
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.
Birth rates remained their only way to replace the dead. However, even before the time of the disease, the average number of births was very low. I estimate it was less than one per woman. I’m not talking about families, because all the free men are polygamous, to the detriment of enslaved men, who often have no wives. With such a low birth rate, it was impossible for them to maintain the same population, and the lack of births, aside from the disease, inevitably caused a decline. Since the epidemic emerged, this shortfall has doubled, and at the time when, following the numerous deaths, the number of births should have increased, it has gradually decreased as the disease intensified.
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.
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.
Qu'ils notent cependant que les jeunes Bangala qui ont travaillé pour l'État ou pour des entreprises commerciales étaient, à de rares exceptions près, d'anciens esclaves qui, en général, ne pouvaient pas se marier. Cette observation remet en question l'idée selon laquelle le faible nombre de naissances s'expliquerait par cette situation, car la polygamie est restée essentiellement la même après leur départ que précédemment. Je pourrais soutenir ma perspective en prenant l'exemple des tribus Bobangi, où il n'y a eu aucune expatriation.
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.
By what has been said, it's easy to understand that the two aforementioned causes, being independent of each other by nature, instead of simply decreasing the population, are strong enough to wipe it out completely when they combine, as seen in New Antwerp and generally in all the riverside villages downstream of Bohaturaku; and we can already conclude that Mr. Weeks' claims, which attribute all the harm to oppression, are not sustainable.
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.
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.
—One of the reasons for this is the abandonment of waterfront locations in favor of more isolated spots inland or in the islands.—Can we rightfully conclude, as Mr. Weeks does, that communities are leaving their villages to escape oppressive taxes? Not at all, in our opinion. All it takes is being asked to do any kind of regular work, no matter how minimal, for the local person to do everything possible to avoid it. If they see relocation as a safe and effective way out, they won't hesitate to pursue it. Moreover, moving and rebuilding their homes doesn't require much effort from them.
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.
He is passionate about the wild freedom he experienced before the arrival of Europeans, a freedom in which a free man lived in a dolce farniente, spending his days resting, smoking, drinking, chatting, and giving orders to his slaves.
Il y a en outre chez le noir une tendance générale à éviter tout contact avec les Européens, et à reculer devant la civilisation.
Il y a aussi chez les noirs une tendance générale à éviter tout contact avec les Européens et à se distancer de 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.
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.
L’autre cause, enfin, concerne 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.
Voluntary commitments were quite common at first. Avoiding responsibilities, taking a service position with the government or trading companies, traveling, seeing new places, and making money were popular among young people. However, for the past three or four years, the government has banned the recruitment of workers from the local population of New Antwerp. Many of those who signed up voluntarily have not returned home, but instead remain scattered—by choice—across various European communities, as they prefer their current situation over what they had previously in their villages. It should also be noted that a significant number of these voluntary expatriates have died, primarily from dysentery and pneumonia, especially among those who made up the crews of steamships.
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.
Viennent ensuite les recrutements de soldats. À ma connaissance, parmi les populations de Nouvelle-Anvers, l’État n’a pas fait de recrutements réguliers pour son armée permanente. Il a jadis recruté des Bangala dans des circonstances exceptionnelles pour les utiliser 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.
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.
En examinant de près les lettres de Mr. Weeks, je n’aurais aucun mal à y trouver d’autres points qui méritent d’être contredits, mais je pense avoir accompli un travail suffisant en montrant que la dégradation et le déclin de Nouvelle-Anvers sont causés par des facteurs et des influences extérieures à ce que l’auteur des lettres appelle l’oppression.
(Signé) C. van RONSLÉ.
(Signed) C. van RONSLÉ.
Le 14 Novembre, 1903.
November 14, 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.
Notes from Consul Casement on his Visit to the Villages of Ekanza and Bosunguma in the Ngombe Area, near Mompoko, on the Left Bank of the Ileka, a Tributary of the Lulongo.
(Traduction.)
(Translation.)
Le 17 Septembre, 1903.
September 17, 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]
En présence du Révérend W. D. Armstrong et du Révérend D. J. Danielson, de la Mission Congo Balolo de Bouginda, de Vinda Bidiloa (le "chef" du Consul) et de Bateko, qui servent 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.
Le chef de cette section de Bosunguma, nommé Tondebila, était présent avec de nombreux hommes du village ainsi que quelques femmes et enfants.
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).
Un garçon de 14 à 15 ans, nommé Epondo, dont la main gauche a été coupée et dont le moignon est enveloppé dans un morceau de tissu, la blessure étant à peine guérie, apparaît. En réponse à la question du Consul, il accuse une sentinelle appelée Kelengo (placée dans le village par l'agent local de la Société "La Lulonga" pour s'assurer 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.
Cette sentinelle est appelée, et, après s’être fait un peu attendre, se présente armée d’un fusil à capsule.
L’enquête suivante sur les circonstances qui ont entouré la perte de la main d’Epondo est faite alors:—
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:
Le Consul, à travers Vinda qui s'exprime en Bobangi, et Bateko, qui répète ses mots 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?”
"Who cut your hand?"
Epondo: “La sentinelle Kelengo que voilà.”
Epondo: “That’s the guard Kelengo.”
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.
Kelengo interrupts and says that his name is Mbilu, not Kelengo. The Consul asks him to be quiet—he will speak later.
Le Chef du village, Tondebila, est appelé et questionné par le Consul, par l’intermédiaire des interprètes.
Le chef du village, Tondebila, est appelé et interrogé par le consul, via les interprètes.
Après avoir été prié de dire la vérité sans crainte ni partialité, il déclare:
Après avoir été invité à dire la vérité sans peur ni parti pris, il déclare :
“La sentinelle Kelengo devant nous a coupé la main d’Epondo.”
“La sentinelle Kelengo devant nous a coupé la main d’Epondo.”
Le Consul: “Avez-vous été vous-même témoin de l’acte?”
Le Consul: “Were you an eyewitness to the act?”
Réponse: “Oui.”
Response: "Yes."
Plusieurs des Chefs du village sont appelés par le Consul pour témoigner.
Plusieurs 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:
Au premier d’entre eux, qui dit s'appeler Mololi, le Consul demande, en montrant le poignet mutilé d’Epondo :
“Qui a coupé la main de ce garçon?”
“Who cut off this boy's hand?”
Mololi, désignant la sentinelle: “Cette homme-là l’a fait.”
Mololi, pointing to the sentry: “That guy did it.”
Le second, qui dit s’appeler Eyileka, est interrogé par le Consul: “Qui a coupé la main de ce garçon?”
Le second, qui dit s'appeler Eyileka, est interrogé par le Consul : "Qui a coupé la main de ce garçon ?"
Réponse: “Kelengo.”
Response: "Kelengo."
Le troisième, qui déclare se nommer Alondi, est interrogé par le Consul: “Qui a coupé la main de ce garçon?”
Le troisième, qui dit s'appeler Alondi, est interrogé par le Consul : “Qui a coupé la main de ce garçon ?”
Réponse: “Cet homme-ci, Kelengo.”
"That man, Kelengo."
Mololi est questionné à nouveau:
Mololi is questioned again:
“Avez-vous, vous-même, vu cette sentinelle couper la main de ce garçon?”
“Avez-vous, vous-même, vu cette sentinelle couper la main de ce garçon?”
“Oui, je l’ai vu.”
“Yes, I saw him.”
Eyikela est questionné à nouveau:
Eyikela is questioned again:
“Avez-vous, vous-même, vu cette sentinelle couper la main de ce garçon?”
“Avez-vous, vous-même, vu cette sentinelle couper la main de ce garçon?”
Réponse: “Oui, je l’ai vu.”
"Yes, I saw it."
Alondi est questionné à nouveau:
Alondi is questioned again:
“Avez-vous, vous-même, vu cette sentinelle couper la main de ce garçon?”
“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.”
Réponse: “I would believe it. If I hadn't injured myself here—he points to a cut near his Achilles tendon at his left heel—on the same day when I was running away in fear. My own knife hurt me ... I dropped it while I was escaping.”
Le Consul questionne Epondo:
The Consul questions Epondo:
“Combien de temps y a-t-il que votre main a été coupée?”
“How long has it been since your hand was cut off?”
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.
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]
Mr. Danielson states that the work in question—the clearing of the riverbank—for the establishment of the Bonginda Mission "slip" began on January 21 of this year.[142]
Botoko, d’Ekanza, une autre section du village de Bosunguma, est questionné par le Consul:
Botoko, from Ekanza, another part of the Bosunguma village, is questioned by the Consul:
“Avez-vous vu couper la main de ce garçon?”
“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.”
Réponse: “Yes. I didn’t actually see it get cut off. I came and saw the hand separated and blood flowing on the ground. People had run off in all directions.”
Le Consul demande aux interprètes de demander s’il y en avait d’autres qui avaient vu le crime et en accusaient Kelengo.
Le Consul demande aux interprètes de vérifier s'il y avait d'autres personnes qui avaient vu le crime et 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.
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?”
Le Consul: “Are they all sure it was this Kelengo right here?”
Réponse unanime: “Oui. Il l’a fait.”
Réponse unanime: “Yes. He did it.”
Le Consul demande à l’accusé Kelengo: “Avez-vous coupé la main de ce garçon?”
Le consul demande à l'accusé Kelengo : "As-tu 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.
Cette question a été posée de la manière la plus claire possible, et a été répétée six fois, et il a été demandé qu'une réponse claire, par oui ou par non, soit donnée.
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.
L'accusé évite de répondre à la question et commence à parler d'autres choses qui n'ont rien à voir avec la question, par exemple, que son nom est Mbilu et non Kelengo, et que les gens de Bosunguma lui ont fait des choses terrible.
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.
Il lui a été dit de rester dans le cadre de la question qui lui avait été posée, qu’il pourrait aborder d’autres sujets plus tard, mais que pour l’instant, il devait répondre aux questions de la même manière simple et claire que les autres. Il avait entendu ces réponses ainsi que l'accusation portée contre lui, et devait répondre aux questions du Consul de la même façon.
L’accusé continua à parler de choses étrangères, et refusa ou évita de donner de réponse à la question qui lui était posée.
L'accusé kept talking about unrelated things, and he refused or dodged answering the question that was asked of him.
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.
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.
“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.
“Your refusal to answer as you should, namely with a yes or no, to a straightforward and simple question convinces me that you cannot deny the accusation. You have heard what you've been accused of by all these people."
“Puisque vous ne consentez pas à répondre comme ils l’ont fait, vous pouvez raconter votre histoire comme vous voulez.
"Since you won’t agree to answer like they did, you can tell your story however you want."
“Je l’écouterai.”
"I will listen to him."
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.
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 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.
Il dit qu’il était Cianzo, de Bosunguma. Il avait tué deux antilopes et il a apporté deux de leurs pattes à cette sentinelle Kelengo comme cadeau. Kelengo a refusé son cadeau et a retenu sa femme. Kelengo a dit que ce n'était pas un cadeau suffisant pour lui, et il a gardé la femme de Cianzo liée jusqu'à ce qu'il (Cianzo) ait 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.
À ce moment-là, un jeune homme, qui disait s'appeler Ilungo, de Bosunguma, s'est avancé dans le cercle et a accusé 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.
Ils lui ont été pris sans aucun motif, à part que Kelengo en avait besoin, et il les a pris 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.
Le Consul se tourna de nouveau vers Kelengo et l'invita à raconter son histoire et à répondre à l'accusation portée contre lui de la manière qui lui convenait. Le Consul demanda le silence à tous et leur ordonna 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.)
Kelengo said he didn't take Ilungo's ducks. Ilungo's father gave him a duck. (Everyone laughs.)
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.
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.”
Le Consul: “That’s good. It wraps up the ducks and the antelope legs; but now I want to hear about Epondo's hand. Tell me what you know about Epondo's severed hand.”
Kelengo élude de nouveau la question.
Kelengo avoids the question again.
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?”
Le Consul: “Tell him this. He’s posted by his masters in this village, right? This is his village. Now, is he really saying he doesn’t know what’s going on here, where he lives?”
Kelengo dit: “Il est vrai que ceci est son village, mais il ne connaît rien au sujet de la main coupée d’Epondo.
Kelengo said, “It’s true that this is his village, but he knows nothing about Epondo's severed hand."
“Peut-être c’était la première sentinelle ici avant qu’il ne vînt qui était un très méchant homme et coupait les mains.
“Maybe it was the first sentinel here before he came who was a very wicked man and cut off hands."
“Cette sentinelle-là est partie; c’était elle qui coupait les mains, pas lui, Mbilu. Il ne sait rien à ce sujet.”
“That sentinel has left; it was her who cut off the hands, not him, Mbilu. He knows nothing about it.”
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.
Kelengo doesn't give a direct answer, and the question is repeated. He then starts a statement about several sentinels. He names three: Bobudjo, Ekua, and Lokola Longonya, just like his predecessors here in 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.
Ici, un homme, nommé Makwombondo, a sauté et a interrompu en affirmant que ces trois sentinelles ne résidaient pas à Bosunguma, mais qu'elles avaient été stationnées dans son propre village, le village de Makwombondo.
Le Consul, à Kelengo: “Depuis combien de temps êtes-vous dans ce village?”
Le Consul, à Kelengo : “Ça fait combien de temps que vous êtes dans ce village ?”
Réponse: “Cinq mois.”
"Five months."
Le Consul: “En êtes-vous bien sûr?”
Le Consul: “Are you really sure about that?”
Réponse: “Cinq mois.”
"Five months."
Le Consul: “Connaissez-vous alors le garçon Epondo—l’avez-vous déjà vu?”
Le Consul: “Do you know the boy Epondo—have you seen him before?”
Réponse: “Je ne le connais pas du tout.”
Réponse: "I don't know him at all."
(Ici tout l’auditoire éclate de rire et certains expriment leur admiration pour les aptitudes de Kelengo au mensonge.)
(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.
Kelengo, still talking, said it was possible that Epondo came from the village of Makwombondo. Anyway, he, Kelengo, doesn’t know Epondo. He doesn’t know him at all.
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.
Ici Cianzo steps forward and says that he is Epondo's own brother; they have always lived here. Their father was Itengolo, who has now passed away; their mother has also died.
Le Consul, à Kelengo: “Alors c’est fini; vous ne connaissez rien de cette affaire?”
Le Consul, à Kelengo: “So it's over; you don't know anything about this matter?”
Kelengo: “C’est fini. Je vous ai dit tout. Je ne connais rien de cela.”
Kelengo: “It’s over. I’ve told you everything. I don’t know anything about this.”
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.
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.
Kelengo tied up his wife Sondi, the woman he presented, and made her pay 500 loaves of bread before releasing her. He paid them.
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.
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?”
Le Consul: “Did you feel them cutting it off?”
Réponse: “Oui, je l’ai senti.”
Response: “Yes, I felt it.”
Ceci terminait l’enquête.
This concluded the investigation.
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.
Le Consul a informé le Chef Tondebila et les habitants présents qu’il ferait un rapport au Gouvernement sur ce qu’il avait vu et entendu, et qu’il demanderait une enquête sur l’accusation contre Kelengo, qui devait être sévèrement puni pour ses actes illégaux et cruels. Les faits dont Kelengo était accusé étaient clairement illégaux, et si le Gouvernement savait que de telles choses se produisent, ceux qui commettent de tels crimes seraient punis dans chaque cas.
(Signé) ROGER CASEMENT,
Consul de Sa Majesté Britannique.[143]
(Signed) ROGER CASEMENT,
Consul of Her Britannic Majesty.[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.
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.
(Signed) 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 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.
(Signed) Roger Casement,
Consul of Her Britannic Majesty.
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.
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.
(Signed) Vinda Bidiloa.
Signé par Vinda Bidiloa, à Bonginda, ce 8 Septembre, 1903, par devant moi,
Signé par Vinda Bidiloa, à Bonginda, ce 8 Septembre, 1903, par devant moi,
(Signé) Roger Casement,
Consul de Sa Majesté Britannique.
(Signed) Roger Casement,
Consul for Her Britannic Majesty.
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.
Je certifie que ce qui précède est une copie vraie et fidèle des notes originales, en ma possession, sur ce qui s'est passé le 7 septembre 1903, au village de Bosunguma, dans la région de Ngombe, sur la rivière Lulanga, où je me suis rendu le 7 septembre 1903, à la demande des habitants 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.
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.
(Signed) Roger Casement,
Consul for Her Britannic Majesty.
Annexe 3.
Enquête du Substitut du Procureur d’État, Gennaro Bosco, à charge de Kelengo.
Investigation by the Deputy State Prosecutor, Gennaro Bosco, against Kelengo.
(Extraits relatifs à l’affaire Epondo.)
(Excerpts related to the Epondo case.)
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:
L'année 1903, le 28 septembre, à Coquilhatville, devant nous, le substitut, se présente Efundu, le chef du village de Bosunguma, qui, après avoir prêté serment, répond aux questions que nous lui posons.
* * * * * * * *
* * * * * * * *
D. Parlez de la main d’Epondo?
D. Talk about Epondo's hand?
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.
R. I can only repeat what Epondo himself told me. He said that among the Bangala, he went boar hunting with a friend, whose name he didn't mention. This friend wounded a boar and tried to grab it by the ears, but the boar bit him so hard that his hand had to be amputated after it became gangrenous.
D. Pourquoi les indigènes d’Ekanza et Bosunguma accusent-ils Kelengo?
D. Why do the people of Ekanza and Bosunguma accuse 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.
R. To avoid making rubber. Kelengo is a rubber sentinel. The natives don’t want to make rubber and decided, knowing the English were there, to tell them a lie in hopes of not having to make rubber anymore.
D. Étiez-vous présent lorsque le Consul Anglais interrogeait les indigènes?
D. Were you there when the English Consul was questioning the locals?
R. Non, j’étais dans la forêt.
R. No, I was in the woods.
D. Lorsque le Consul Anglais fut parti, qu’est-ce que disaient entre eux les indigènes?
D. When the English Consul left, what were the locals saying to each other?
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.”
R. "Now it's good. Now that he thinks I've lost my hand, we won't make any rubber; we'll just make 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?
D. Have you heard that Kelengo killed a man and cut off the hand of two others because they refused to give him an antelope they had killed?
R. C’est ce qu’on est allé raconter aux Anglais, mais c’est un mensonge.
R. That's what we went to tell the English, but it's a lie.
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?
D. Do you know that Kelengo tied up Ciango's wife for the same reason and only let her go after a payment of 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.
R. It’s still a lie. I don’t know this Ciango. It’s a name that isn’t even used among the locals.
D. Savez-vous que Kelengo a volé un canard et un chien d’Ilungo?
D. Do you know that Kelengo stole a duck and a dog from Ilungo?
R. Mensonge. Cet Ilungo n’existe pas.
R. Lie. This Ilungo doesn’t exist.
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal lu et signé, hors le témoin illettré.
Le Substitut,
(Signé) BOSCO.
Le Substitut, (Signed) BOSCO.
Après comparaît Mongombe, d’Ikandja, qui, interrogé, après serment, déclare:
Après, Mongombe d'Ikandja prend la parole. Interrogé sous serment, il 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.
Epondo lost his hand while hunting for a wild boar in the Bangala. He recounted that his companion, whose name he doesn't know, had injured the boar, and he had tried to grab it by the ears. The boar then tore his hand off.
* * * * * * * *
* * * * * * * *
D. Pourquoi les indigènes accusent-ils Kelengo?
D. Why do the natives accuse 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.
R. They don't want to make rubber and went to tell lies to the English hoping to avoid making rubber, and when the English left, they said, “Now, it's good. No more rubber. Just kwanga.” I've heard these statements several times. Kelengo didn't tie up Sandjo's wife or kill anyone. The story about the antelope is a lie. I don't know Ilungo.
D. Êtes-vous au courant du complot des indigènes pour aller dire des mensonges aux missionnaires?
D. Are you aware of the plot by the locals to go tell lies to the missionaries?
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.”
R. Yes; I heard the locals complaining that they worked hard for nothing, that the Chiefs were taking the payments that the whites provided for the rubber harvest; in short, they were starving. They added that they had asked multiple times without success and that they were going to see if, through the English, who were very powerful, they could change their situation. And they said, “Come on, let’s hurry to the English; let’s tell them that Kelengo is cutting off hands.”
D. Avez-vous entendu ces mots?
Have you heard these words?
R. Oui; je les ai entendus parfaitement.
Yes, I heard them clearly.
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal lu et signé, hors le témoin illettré.
Le Substitut,
(Signé) BOSCO.
Le Substitut,
(Signed) BOSCO.
Après comparaît Bangwala, d’Ikandja, qui, interrogé, après serment, déclare:—
Après cela, Bangwala d'Ikandja se présente et, après avoir prêté serment, déclare :—
* * * * * * * *
* * * * * * * *
D. Parlez maintenant de la main d’Epondo.
Now discuss Epondo's hand.
R. Il l’a perdue à cause d’une morsure de sanglier, dans les Bangala. C’est Epondo lui-même qui le disait.
R. He lost it because of a wild boar bite, in the Bangala. Epondo himself said it.
D. Pourquoi les indigènes accusent-ils Kelengo?
D. Why do the natives accuse 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.”
R. They no longer want to make rubber and thought that by blaming Kelengo, they could avoid this work. I heard them say, "Let's quickly go and tell lies to the English." So they went to get the English to show them the man without hands, and the English came. And when they left, they said, "Good, good, we will just make kwanga now. The rubber is done."
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal lu et signé, hors le témoin illettré.
(Signé) BOSCO.
(Signed) BOSCO.
Après comparaît Momobo, de Bossunguma, qui, interrogé, après serment, déclare:—
Après, Momobo de Bossunguma se présente, et, après avoir prêté serment, il déclare :—
* * * * * * * *
* * * * * * * *
Epondo a perdu la main à cause de la morsure d’un sanglier; Kelengo n’a tué personne.
Epondo lost his hand because of a wild boar bite; Kelengo hasn't killed anyone.
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal read and signed, except for the illiterate witness.
(Signé) BOSCO.
(Signed) BOSCO.
Après comparaît Ekumeloko, de Boselembe, travailleur à la Société Lulonga, qui, interrogé, après serment, déclare:—
Après comparaît Ekumeloko, de Boselembe, travailleur à la Société Lulonga, qui, interrogé, après serment, déclare:—
* * * * * * * *
* * * * * * * *
D. Et qui a coupé la main d’Epondo?
D. And who cut off Epondo's hand?
R. Epondo arriva dans notre village sans une main et nous montra qu’un sanglier la lui avait coupée.
R. Epondo arrived in our village without one hand and showed us that a wild boar had bitten it off.
D. Pourquoi les indigènes accusent-ils Kelengo?
D. Why do the indigenous people accuse 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.
R. To avoid the rubber work, they told lies to the English and limited their work to the kwanga for the English.
D. Kelengo a-t-il tué quelqu’un?
Did D. Kelengo kill someone?
R. Personne.
R. Nobody.
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal lu et signé, hors le témoin illettré.
(Signé) BOSCO.
(Signed) 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.
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.
Dont procès-verbal lu et signé, hors le témoin illettré.
(Signé) BOSCO.
(Signed) BOSCO.
L’an 1903, le 19 Septembre, devant nous, Substitut, comparaît Kelengo, de Bokakata, qui, renseigné sur l’accusation qu’on lui fait, déclare:—
L'an 1903, le 19 septembre, devant nous, le Substitut, se présente Kelengo, de Bokakata, qui, informé de l'accusation portée contre lui, 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.”
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 même pas 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 devant les Anglais, mais je dois vous dire que quelques jours après, ils m’ont donné 100 mitakos pour que je ne réclame pas chez le blanc et m’ont avoué qu’ils avaient dit des mensonges aux Anglais pour éviter le travail du caoutchouc. J’ai apporté ces 100 mitakos à Bumba (M. Dutrieux), qui a dit : “Les indigènes sont des menteurs.”
D. Le Chef Tondebila dit qu’il vous a vu lorsque vous coupiez la main d’Epondo.
D. Chef Tondebila said he saw you when you cut off Epondo's hand.
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.
R. He's a liar. By the way, why did he run away? He was arrested twice for coming here to give his testimony. The first time by Bumba, the second by the Company Commander (Braeckman), and he always fled. I could have run away too, but I didn't want to because I'm innocent.
D. Mololi, Botoko, Eykela, et Alondi vous accusent comme auteur de la mutilation d’Epondo.
D. Mololi, Botoko, Eykela, and Alondi are accusing you of the mutilation of Epondo.
R. Ils mentent. Je ne connais ni Botoko, ni Eykela, ni Alondi. Je connais seulement Mololi.
R. They're lying. I don't know Botoko, Eykela, or Alondi. I only know 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?
D. You are also being accused of having tied up Ciango's wife because he only gave you the thighs after killing two antelopes and of having left her only after receiving a gift of 1,000 mitakos. Additionally, you are accused of having stolen or forcibly taken two ducks and a dog that belonged to Ilungo. What do you say in response?
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.
R. Lie. I don’t know Ciango. I know Ilungo, but I didn’t take anything. When people bring me gifts, I accept them, but I don’t take items from the locals because Bumba told us not to under the threat of imprisonment.
D. Vous êtes accusé par Ilengi d’avoir amarré la femme de Sundi et de l’avoir libérée seulement après paiement de 500 mitakos.
D. You are accused by Ilengi of having tied up Sundi's wife and only releasing her after receiving a payment of 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.
R. Lies. Ilundji and Sundi belong to a different group. They fall under another guard, a guy named Ikangola. It’s a scheme by the locals to avoid rubber work. They always told me they didn’t want to do it, that they preferred to make kwanga for the English and claimed they could manage it with their help.
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal read and signed, except for the illiterate witness.
(Signé) BOSCO.
(Signed) 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.
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.
(Signed) 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:—
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.
Je connais Kelengo sous le nom de M’Bilo. Il travaille pour la Société Lulonga comme garde forestier depuis mars dernier. Sa tâche consiste uniquement à accompagner les villageois lors de la récolte du caoutchouc et à les empêcher de couper les lianes. Je n'ai aucune information sur l'atrocité dont on l'accuse.... Je ne comprends pas pourquoi on accuse Kelengo ou M’Bilo d'avoir coupé la main d'un garçon. Je sais seulement que Kelengo ou M’Bilo est venu chez moi le jour de l'arrivée du Lieutenant Braeckman, c'est-à-dire, sauf erreur, le 12 septembre, pour m'apporter 100 mitakos en me disant que les villageois les lui avaient donnés pour que je ne pense pas qu'ils avaient menti devant les Anglais, afin de ne pas produire 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.
Dont procès-verbal lu et signé, hors le témoin illettré.
(Signé) BOSCO.
(Signed) BOSCO.
(Signé) Dutrieux.
(Signed) Dutrieux.
Après, Pingo, de Bokakata, qui, interrogé, après serment, déclare:—
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.
Je suis le garçon de M. Dutrieux. Un jour, un homme nommé Mbilu est venu chez mon maître pour lui apporter 100 mitakos, disant que le Chef de Bossunguma, nommé, si je ne me trompe pas, Mateka ou Lofundu, les lui avait donnés comme un cadeau pour qu'il ne raconte pas que les indigènes avaient menti auprès des Anglais en l'accusant d'avoir coupé la main d'un gamin, un mensonge qui avait été dit pour échapper au travail du caoutchouc.
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal lu et signé, hors le témoin illettré.
(Signé) BOSCO.
(Signed) 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:—
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....
Epondo has a severed hand because, in the Bangala region, a wild boar tore it off.
D. Pourquoi alors les habitants de votre village ont-ils accusé Kelengo?
D. So why did the people in your village accuse 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.”
R. To avoid rubber work, they lied to the English, who replied: “We will write a letter to the Judge.”
D. Est-ce qu’ils ont ajouté quelque autre chose?
Did they add anything else?
R. Non.
R. No.
D. Combien de temps sont-ils restés dans votre village?
D. How long did they stay in your 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.
Le témoin indique où était le soleil quand ils sont arrivés et quand ils sont partis. Nous estimons qu'ils sont restés au moins quatre heures.
D. Est-ce que les Anglais ont écrit quand ils étaient au village?
D. Did the English write when they were in the village?
R. Oui; ils ont écrit sur un grand papier.
R. Yeah; they wrote on big paper.
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal read and signed, except for the illiterate witness.
(Signé) BOSCO.
(Signed) BOSCO.
Après comparaît Liboso, fils de Lekela, de Bossunguma, qui, interrogé, après serment, déclare—
Après apparaît Liboso, fils de Lekela, de Bossunguma, qui, interrogé, après avoir prêté serment, déclare—
Epondo a une main coupée parce qu’un sanglier l’a mordue....
Epondo has a severed hand because a wild boar bit him....
D. Pourquoi les indigènes ont-ils accusé Kelengo?
D. Why did the locals accuse 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.
R. Because they were tired of making rubber, which was no longer found in their forest. They thought that with the help of the English, they could escape a very hard labor, and to involve the English, they went to tell them that the guard at Bumba (Dutrieux) had cut off a hand.
D. Qui est allé parler avec les Anglais?
D. Who went to talk to the English?
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.
R. Bodjengene and another one, whose name I can't remember. The English said, “You're lying. Where is that man with the chopped-off hand? Go get him.” So they went to find ... Epondo and brought him to the English.
D. Lorsque les Anglais sont venus à votre village, qu’est-ce qu’ils ont fait?
D. When the English came to your village, what did they do?
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.
R. They talked to the locals who complained about having to work so much. They said that there was no more rubber in their forest and that they wanted to do less hard labor, like making kwanga and fishing. The English replied, “That’s fine; you are the men of Bula Matari. We will write to Bula Matari.” And in their village, they held a big moukande, just like you do now.
(Signé) BOSCO.
(Signed) BOSCO.
Après comparaît Etoko, fils d’Ilembe, décédé, de Bossunguma, qui, interroge, après serment, déclare:—
Après comparaît Etoko, fils d’Ilembe, décédé, de Bossunguma, qui, interroge, après serment, déclare:—
Un sanglier coupa la main d’Epondo....
Un sanglier coupa la main d’Epondo....
D. Pourquoi les indigènes ont-ils accusé Kelengo?
D. Why did the natives accuse Kelengo?
R. Pour rien. Pour se soustraire au travail du caoutchouc; ils ont dit des mensonges aux Anglais.
R. For nothing. To avoid the rubber work; they lied to the English.
D. Qui est allé parler aux Anglais?
D. Who went to talk to the English?
R. Bodjengene.
Bodjengene.
R. Oui; lui seul. Après, Epondo est allé travailler chez les Anglais, où il se trouve maintenant....
R. Yes; just him. After that, Epondo went to work for the English, where he is now....
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal lu et signé, hors le témoin illettré.
(Signé) BOSCO.
(Signed) BOSCO.
Après comparaît Akindola, de Bossunguma, qui, interrogé, après serment, déclare:—
Après, Akindola de Bossunguma prend la parole. Interrogé sous serment, il déclare :—
Un sanglier a coupé la main d’Epondo.
Un sanglier a coupé la main d’Epondo.
D. Pourquoi les indigènes accusent-ils Kelengo?
D. Why do the Indigenous accuse Kelengo?
R. Non; ils n’accusent pas Kelengo.
Non; they don't accuse Kelengo.
D. N’étiez-vous pas présent lorsque le Consul Anglais est venu dans votre village?
D. Weren't you there when the English Consul came to your village?
R. Non; j’étais dans la forêt et je ne sais rien de ce qui s’est passé.
R. No; I was in the woods and I don't know what happened.
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal lu et signé, hors le témoin illettré.
(Signé) BOSCO.
(Signed) BOSCO.
Après comparaît Mafambi, de Bossunguma, qui, interrogé, après serment, déclare:—
Après, Mafambi de Bossunguma se présente et, après avoir prêté 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.
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 en espérant éviter la récolte du caoutchouc.
D. Êtes-vous allé à la Mission de Bonginda pour vous plaindre?
D. Did you go to the Bonginda Mission to complain?
R. Moi, non, Bodjengene; et les Anglais lui ont répondu de s’adresser au Juge.
R. Not me, Bodjengene; and the English told him to talk to the Judge.
D. Ikabo n’est-il pas allé chez les Anglais?
D. Ikabo didn’t go to the English people, did he?
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.
R. Non. Responding to the English. Ikabo stayed in the village. The English came to us later and told us that the issue of rubber was not within their expertise.
D. Ont-ils recherché Ikabo?
D. Did they search for Ikabo?
R. Non; ils ont recherché Epondo seulement.
No; they only searched for Epondo.
D. Les avez-vous vus?
D. Have you seen them?
R. Oui.
R. Yes.
D. A quelle heure sont-ils venus et à quelle heure sont-ils partis?
D. What time did they arrive and what time did they leave?
Le témoin, indiquant où se trouvait le soleil, fait supposer qu’ils sont arrivés vers midi et sont repartis vers deux heures.
Le témoin, en montrant où se trouvait le soleil, laisse penser qu'ils sont arrivés vers midi et sont repartis vers deux heures.
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal lu et signé, hors le témoin illettré.
(Signé) BOSCO.
(Signed) BOSCO.
Après comparaît Ekombo, de Bossunguma, qui, interrogé, après serment, déclare:—
Après, Ekombo de Bossunguma se présente et, une fois interrogé sous serment, déclare :—
Epondo a perdu la main à la chasse du sanglier.... Les indigènes ont accusé Kelengo, espérant se soustraire au travail du caoutchouc.
Epondo lost control while hunting the wild boar.... The locals blamed Kelengo, hoping to avoid the rubber work.
D. Qui alla à Bonginda chez les Anglais pour leur parler?
D. Who went to Bonginda to talk to the English?
R. Ikabo, Bodjengene, et Epondo. Les Anglais leur dirent de s’adresser au Juge.
R. Ikabo, Bodjengene, and Epondo. The English told them to speak to the Judge.
D. Ikabo, Bodjengene, et Epondo sont-ils restés à Bonginda ou sont-ils rentrés à Bossunguma?
D. Did Ikabo, Bodjengene, and Epondo stay in Bonginda or did they go back to 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.
R. They came back, except for Epondo, who stayed in Bonginda, and when the English arrived in Bossunguma, Epondo went with them and returned to Bonginda with them.
D. Est-ce que les Anglais vous ont dit: Le caoutchouc est fini?
D. Did the English tell you: Is the rubber finished?
R. Non. C’est nous qui l’avons dit.
No. We already said that.
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal read and signed, except for the illiterate witness.
(Signé) BOSCO.
(Signed) BOSCO.
Après comparaît Mondonga, de Bossunguma, qui, interrogé, après serment, déclare:—
Après comparait Mondonga, de Bossunguma, qui, interrogé, après serment, déclare:—
D. Qui est allé à Bonginda pour appeler les Anglais?
D. Who went to Bonginda to call the English?
R. Bodjengene.
R. Bodjengene.
D. Seulement lui?
D. Just him?
R. Oui.
R. Yes.
D. Ekabo et Epondo ne sont-ils pas allés à Bonginda?
D. Didn't Ekabo and Epondo go to 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.
R. Yes, but after, because the English said they wanted to see them. So Ikabo went back to the village and Epondo stayed in Bonginda. When the English came to Bossunguma, Epondo went with them and returned to Bonginda with them. Ikabo stayed in Bossunguma.
D. Quelle heure était-il lorsque les Anglais sont venus à Bossunguma?
D. What time was it when the English came to 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.
R. According to the witness's account, it seems that they arrived around 1 PM and left around 5 PM.
D. Est-ce qu’ils ont écrit à Bossunguma?
Did they message Bossunguma?
R. Non.
R. No.
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.
D. The witness makes a statement that aligns with those of the other witnesses concerning the mutilation of Epondo and the reasons why the locals accused Kelengo.
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal lu et signé, hors le témoin illettré.
(Signé) BOSCO.
(Signed) BOSCO.
Après comparaît Makurua, de Bossunguma, qui, après serment, déclare:—
Après, Makurua, de Bossunguma, se présente et, après avoir prêté serment, déclare :—
J’étais à la chasse et je ne sais rien du tout. Je sais seulement que Kelengo n’a coupé aucune main.
J'étais à la chasse et je ne sais rien du tout. Je sais seulement que Kelengo n'a pas coupé de mains.
(Signé) BOSCO.
(Signed) BOSCO.
Après comparaît Lopembe, de Bossunguma, qui, interrogé, après serment, déclare:—
Après, Lopembe, de Bossunguma, se présente et, après avoir prêté serment, déclare : —
D. Qui est allé à Bonginda parler aux Anglais?
D. Who went to Bonginda to talk to the English?
R. Personne. Nous n’avons pas appelé les Anglais.
R. Nobody. We didn't call the English.
D. Pourquoi les Anglais sont-ils alors venus à Bossunguma?
D. So why did the English come to 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....
R. Because Bodjengene called them regarding the rubber issue, but Kelengo didn't cut off anyone's hand; he didn't kill anyone; he didn't tie up any women....
D. Lorsque les Anglais sont arrivés à Bossunguma, Epondo où était-il?
D. When the English arrived at Bossunguma, where was Epondo?
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.
R. In their canoe. He accompanied them to Bossunguma, and when they set off to return to Bonginda, he followed them and stayed with them.
D. Lorsque les Anglais sont venus à Bossunguma, ont-ils écrit?
D. When the English came to Bossunguma, did they write?
R. Oui. Ils ont écrit sur un petit papier, beaucoup plus petit que celui sur lequel vous écrivez.
R. Yeah. They wrote on a little piece of paper, much smaller than the one you’re writing on.
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal lu et signé, hors le témoin illettré.
(Signé) BOSCO.
(Signed) 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:—
L'année 1903, le 7 octobre, à Bonginda, devant nous, Bosco Gennaro, substitut à Coquilhatville, comparaît M. 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.
Un dimanche soir, un homme nommé Ikabo, accompagné de deux ou trois habitants locaux, est venu à la Mission et a demandé à parler au Consul britannique. Je l'ai vu, mais je ne sais pas ce qu'il a dit au Consul britannique. Les habitants locaux voulaient que le Consul les voie.
D. Le Consul a-t-il interrogé lui-même Ikabo?
D. Did the Consul question Ikabo himself?
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.
R. I think he questioned him with the help of his interpreter and another person too. I also got involved. We were sitting around the same table, and I asked questions directed at a Black man, who repeated them to Ikabo. I was speaking the local dialect of Bonginda, and the Black man repeated my requests in Ngombe.
D. Quelles sont les questions que vous avez posées à Ikabo?
D. What questions did you ask Ikabo?
R. Je ne m’en rappelle pas exactement; mais elles se référaient à la mutilation qu’on lui a faite subir.
R. I don't remember exactly, but they referred to the mutilation he was subjected to.
D. Qui a dit qu’à Bossunguma il y avait un autre garçon avec la main coupée?
D. Who said that at Bossunguma there was another boy with a cut hand?
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.
R. The locals who accompanied Ikabo. The next day, we went with the Consul to Bossunguma, met Epondo, and the whole village told us that Kelengo had mutilated him. They also said that he had killed a man and cut off both his hands. The Consul prepared a report in Bossunguma, where we stayed for two or three hours. We arrived around 7 in the morning.
D. Les indigènes se sont-ils plaints que le travail du caoutchouc était excessif et qu’ils voulaient un autre travail moins dur?
D. Did the locals complain that rubber harvesting was too much and that they wanted a different job that was easier?
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.
R. They always complained about rubber work, and on this occasion, they repeated their complaints. We urged them to keep working for their masters.
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?
D. How do you explain that the people from your Mission shouted twice, first at the canoe and then at the boat where Mr. Spelier, the agent of La Lulonga, was, saying that the rubber was gone and that the companies had to leave?
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).
R. The first time I was at home and I heard shouting without understanding what they were saying. The second time I was in church; I heard shouting again, yet I still didn’t understand what was being said; but, noticing the boys who were yelling, I scolded them. They replied that they were greeting their friends on the boat, and regarding the first time, after investigating, I was told that it was people not belonging to the Mission who had shouted, Ngombe and locals from Bokemjola (near Boieka).
D. Pourtant, croyez-vous que ces cris aient été réellement poussés?
D. But do you really believe those cries were actually made?
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.
R. It’s very possible that rubber is the nemesis of the locals. I don't think the Mission's men made those cries since they're not involved with rubber, and we're very careful about it, making sure not to talk about it.
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?
D. How do you explain the noise that now we shouldn't make any more rubber and that the English Consul was going to eliminate this work throughout the river?
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.
R. Desire is the father of thought. Black people are lazy, and they would go to any lengths to avoid working, even to the point of producing rubber. Furthermore, when the English Consul went to Bossunguma, he said he would report the crime that Kelengo was accused of, but he didn’t say a word that could be interpreted as encouraging people not to work or as a promise of his help to the state authorities to reduce or eliminate work.
D. D’après votre opinion, depuis combien de temps la mutilation a eu lieu?
D. According to your opinion, how long ago did the mutilation happen?
R. Je ne saurais pas, mais on dit depuis six mois.
R. I wouldn't know, but it's been said for six months.
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal read and signed, except for the illiterate witness.
(Signé) BOSCO.
(Signed) BOSCO.
(Signé) W.-D. Armstrong.
(Signed) W.-D. Armstrong.
Après comparaît Epondo, de Bossunguma. Le comparant a la main gauche coupée. Il prête serment et déclare:—
Après, Epondo de Bossunguma se présente. Il se compare à 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.
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?
Who hurt your hand?
D. Pourquoi?
D. Why?
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.
R. For the rubber. He came to wage war in our village and killed Elua and cut off my hand. I fell down, almost dead. I woke up after a while and found myself without a hand.
D. Connaissez-vous Bossole?
Do you know Bossole?
R. Non; je connais Kelengo.
R. No; I know Kelengo.
D. Êtes-vous sûr que c’est Kelengo qui vous a coupé la main? Ce n’est pas Bossole?
D. Are you sure it was Kelengo who cut off your hand? It wasn't Bossole?
R. Non; c’est Kelengo.
R. No; it's Kelengo.
D. Dans le temps, n’êtes-vous pas allé chez les Bangala?
D. In the past, didn't you go to the Bangala?
R. Non; je suis resté toujours dans mon village.
R. No; I’ve always stayed in my village.
D. Votre main ne vous a-t-elle pas été enlevée par un sanglier?
D. Wasn't your hand taken by a wild boar?
R. Non. Kelengo me l’a coupée.
R. No. Kelengo cut me off.
Dont procès-verbal lu et signé, hors le témoin illettré.
Dont procès-verbal read and signed, except for the illiterate witness.
(Signé) BOSCO.
(Signed) BOSCO.
Après nous interrogeons Nnele, qui, après serment, déclare:—
Après nous interrogeons Nnele, qui, après avoir prêté 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.
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.
Dont procès-verbal read and signed, except for the illiterate witness.
(Signé) BOSCO.
(Signed) BOSCO.
(Signé) Nnele.
(Signed) Nnele.
Après comparaît nouvellement Mr. Armstrong, qui, après serment, déclare:—
Après, Mr. Armstrong apparaît à nouveau, et après avoir prêté serment, déclare:—
D. Depuis combien Nnele est au service de la Mission?
D. How long has Nnele been serving the Mission?
R. Depuis environ cinq ans.
R. For about five years.
D. Vous a-t-il jamais dit d’avoir un frère sans une main?
D. Did he ever tell you to have a brother without a hand?
R. Non; jamais.
No; never.
Dont procès-verbal lu et signé.
Don't read and sign report.
(Signé) BOSCO.
(Signed) BOSCO.
(Signé) W.-D. Armstrong.
(Signed) W.-D. Armstrong.
Nous, Substitut, donnons ordre à Epondo de nous suivre à Mampoko.
Nous, Substitut, ordonnons 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:—
Après, le même jour, à Mampoko, Epondo comparaît à nouveau, et nous l’interrogeons à nouveau 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 à nouveau serment et déclare:—
D. Êtes-vous esclave de Bandebonja? Vous a-t-il conduit dans la Ngiri?
D. Are you a slave of Bandebonja? Has he led you into the Ngiri?
R. Je ne connais ni Bandebonja ni la Ngiri.
R. I don't know either Bandebonja or the Ngiri.
D. N’avez-vous jamais été blessé à la chasse du sanglier? Ne vous a-t-il pas mordu à la main?
D. Have you ever been hurt while boar hunting? Didn't it bite you on the hand?
R. Non; jamais. Kelengo m’a coupé la main.
R. No; never. Kelengo cut off my hand.
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?
D. Haven't the people in your village suggested that you accuse Kelengo to the English to avoid the rubber work?
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.
R. Nearly a month ago, two Englishmen came to our village and told us: A lot of people are dying for rubber. From now on, you won't make rubber anymore; you'll only make kwanga for us.
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.
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?
D. Who were those English people?
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.
R. Torongo and Mongongolo. They saw me, questioned me, and took me with them to Bonginda. The people in my village never suggested that I say Kelengo had cut off my hand. The English put me on their boat and took me to Coquilhatville to show me to the Judge, but the Judge was in Ubangi. So we went to Bolengi, and then Mongongolo went to Europe while I returned by canoe to Bonginda.
D. Les Anglais vous ont-ils photographié?
D. Did the English take your photo?
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.
R. Yes, in Bonginda and Lulanga. They told me to highlight the stump well. There were Nnele, Mongongolo, Torongo, and other white people whose names I don't know. They were the white people from Lulanga. Mongongolo brought six photographs with him.
Dont procès-verbal lu et signé.
Don't forget to read and sign the minutes.
(Signé) BOSCO.
(Signed) 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:—
L'année 1903, le 8 octobre, devant nous, Substitut, se présente Bofoko, Chef du village Ikandja. Se présente aussi, en tant qu'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 ...?
D. Do you know who cut off Epondo's hand...?
D. Lorsque d’après les coutumes indigènes, on coupe une main pour punir quelqu’un, quelle est la main que l’on coupe?
D. When, according to indigenous customs, a hand is cut off as punishment, which hand is cut?
R. Toujours la main droite.
R. Always the right hand.
D. Pourquoi alors les habitants de Bossunguma ont-ils accusé Kelengo d’avoir commis ces atrocités?
D. So why did the people of Bossunguma accuse Kelengo of committing these atrocities?
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.
R. Because they find rubber work too tough and believed they could escape from it, to get them to take care of it, they went and told them lies.
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?
D. Why did you tell the English Consul that you saw the severed hand on the ground; blood was flowing, and the villagers were running in every direction?
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.
R. I haven't spoken to the English. I haven't even seen them. When they arrived at Bossunguma, I wasn't there.
D. Vous mentez, parce que le Consul Anglais déclare avoir parlé avec vous.
D. You're lying because the English Consul claims to have talked to you.
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.
R. Yeah, that's true. I was there. I said what everyone else did. Everyone was complaining that the rubber work was too hard.
D. Et le Consul Anglais qu’est-ce qu’il a dit?
D. And what did the English Consul say?
R. Il a dit qu’il aurait parlé au Juge et il a écrit un grand papier pour vous.
R. He said he would have spoken to the Judge and he wrote a long paper for you.
D. Donc, vous n’avez pas vu la main coupée, le sang qui coulait, les gens qui se sauvaient dans toutes les directions?
D. So, you didn't see the severed hand, the blood flowing, the people running in all directions?
R. Non; je n’ai rien vu.
R. No; I didn’t see anything.
D. Est-ce que Kelengo aurait tué ou blessé quelqu’un? A-t-il amarré des femmes?
D. Did Kelengo kill or hurt someone? Did he tie up women?
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.
No; he didn’t kill anyone. He didn’t tie up any woman. They said that to stir up trouble with the English, to show that white people were violent.
D. Où sont Tonbebola, Mileli, Eykela, Alondi, Boningeni, Mopili? Pourquoi ne sont-ils pas venus?
D. Where are Tonbebola, Mileli, Eykela, Alondi, Boningeni, Mopili? Why haven't they come?
R. Ils sont dans la forêt; ils ont peur.
R. They are in the forest; they are scared.
Dont procès-verbal lu et signé.
Don't sign the report.
(Signé) BOSCO.
(Signed) BOSCO.
Après comparaît Mongombe, d’Ikondju, qui, après serment, déclare:
Après, Mongombe d'Ikondju se présente, qui, après avoir prêté 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....
J'atteste qu'Epondo, selon ce qu'il a dit, a perdu sa main gauche en chassant le sanglier. L'animal blessé l'a attaqué et lui a arraché la main. Cela ne se serait pas produit dans le village, mais dans le pays des Bangala, où il était avec un homme dont je ne connais pas le nom....
D. Lorsque les indigènes coupent les mains pour punir ou pour se venger, coupent-ils la main droite ou la main gauche?
D. When the natives cut off hands as punishment or for revenge, do they cut off the right hand or the left hand?
R. Toujours la main droite.
R. Always the right hand.
D. Pourquoi a-t-on accusé Kelengo?
D. Why was Kelengo accused?
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.”
R. We are tired of the rubber and wanted to reduce our workload with the help of the English Chief, showing him the violence of the white people. Indeed, the English arrived and made a big report for the Judge. Their Chief said, "We'll see, we'll see."
D. Savez-vous si Kelengo a tué quelqu’un, s’ils ont amarré des femmes?
D. Do you know if Kelengo killed someone, if they tied up women?
R. Non. Il n’a tué personne et il n’a amarré aucune femme.
R. No. He didn’t kill anyone, and he didn’t tie down any women.
D. Où sont Tondebola, Molili, Eykela, Alondi, Bonsigeni, Mopili?
D. Where are Tondebola, Molili, Eykela, Alondi, Bonsigeni, Mopili?
R. En fuite; ils ont peur.
R. On the run; they're scared.
Dont procès-verbal lu et signé.
Don’t sign the report.
(Signé) BOSCO.
(Signed) 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.
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.
(Signed) BOSCO.
Après comparaît nouvellement Epondo, qui prête serment et déclare:
Après comparaît nouvellement Epondo, qui prête serment et déclare:
D. Persistez-vous à accuser Kelengo de vous avoir coupé la main gauche?
D. Are you still accusing Kelengo of cutting off your left hand?
R. Non; j’ai menti.
No; I lied.
D. Racontez alors comment et quand vous avez perdu la main.
D. Tell us how and when you lost your touch.
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.
R. I was a slave of Monkekola in Malele, in the Bangala district. One day, I went with him boar hunting. He injured one with a spear, and then the beast, enraged, attacked me. I tried to escape with the others, but I fell, and the boar was soon on me, tearing at my left hand, my abdomen, and my left hip. The comparison shows the scars in the indicated places and spontaneously lies down to demonstrate the position he was in when he was attacked and wounded by the boar.
D. Depuis combien de temps cet accident vous est-il arrivé?
D. How long ago did this accident happen to you?
R. Je ne me rappelle pas. C’est depuis longtemps.
R. I don't remember. It's been a long time.
D. Pourquoi alors aviez-vous accusé Kelengo?
D. Why did you accuse Kelengo then?
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.
R. Because Momaketa, one of the leaders of Bossunguma, told me, and then all the people in my village repeated it to me.
Dont procès-verbal lu et signé.
Don't sign the report.
(Signé) BOSCO.
(Signed) BOSCO.
Annexe 4.
(A.)
État Indépendant du Congo.
Independent State of Congo.
(Département de l’Intérieur.)
(Department of the Interior.)
Chefferies Indigènes.
Indigenous Chiefdoms.
(Arrêté du 2 Janvier, 1892.—Formule No. 1.)
(Arrêté du 2 Janvier, 1892.—Formule No. 1.)
Procès-verbal d’Investiture.
Minutes of the Investiture.
L’an 1880 le jour du mois d Nous, Commissaire de District d[blank space in text], avons confirmé[145] chef de[146] et de la région de[147] 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.
L’an 1880 le jour du mois d Nous, Commissaire de District d[blank space in text], avons confirmé[145] chef de[146] et de la région de[147] 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.
Le Chef désigné s'est engagé à fournir les services annuels indiqués dans le tableau ci-joint et à réaliser ou faire réaliser les travaux mentionnés.
De tout quoi nous avons dressé le présent procès-verbal en double original aux jour, mois et an que dessus.
De tout quoi nous avons dressé le présent procès-verbal en double original aux jour, mois et an que dessus.
Le Commissaire de District,
District Commissioner,
Le Chef reconnu,
Renowned Chef,
N.B.—Ce Chef est le successeur du Chef confirmé suivant le procès-verbal No. .
N.B.—This Chef is the successor of Chef confirmed according to the minutes No. .
(B.)
Chefferies indigènes reconnues.
Indigenous chiefdoms recognized.
District de .
District of .
Tableau Statistique Chefferie de .
(Arrêté du 2 Janvier, 1892.—Formule No. 2.)
Stats Table Chief's Office .
(Order of January 2, 1892.—Formula No. 2.)
Villages soumis à l’Autorité du Chef. |
Leur Situation et leurs Limites. |
Noms de Sous-Chefs et des Notables. |
Nombre des Cases. |
Population. | Observations. | ||
Hommes. | Femmes. | Enfants. | |||||
(C.)
Chefferies indigènes reconnues.
Recognized indigenous chiefdoms.
District de .
District of .
Tableau des prestations annuelles à fournir par le Chef de [blank space in text].
Yearly Performance Summary to be provided by the Head of [blank space in text].
(Arrêté du 2 Janvier, 1892.—Formule No. 3.)
(Arrêté du 2 Janvier, 1892.—Formule No. 3.)
Villages soumis à l’Autorité du Chef. |
Produits à fournir par chaque Village. |
Corvées. | Travailleurs. | Soldats. |
Travaux à Exécuter. |
Observations. |
Le Commissaire de District,
The District Commissioner,
Le Chef indigène reconnu.
Indigenous chef recognized.
Annexe 5.
(A.)
Circulaire Interprétative des Prescriptions concernant les Formalités du Permis de Port d’Armes.
Interpretive Circular on the Requirements for Firearm Carry Licenses.
Boma, le 12 Mars, 1897.
Boma, March 12, 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.
J'ai remarqué qu'il y a des différences d'interprétation concernant les règles sur les formalités du permis de port d'armes, et il est important de les clarifier.
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.
Certain people mistakenly believe that just having one firearm permit is enough, without considering how the imported weapons will be used or where they are going.
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.
As stated in the last paragraph of my Circular A, VI. 58, from July 8, 1893, the fee of 20 francs for issuing firearm permits should be collected only once per permit, regardless of the number of weapons listed on it; however, it must be clearly understood that a separate permit is required for each purpose of the weapons, meaning that aside from the individual permit, there are permits for establishments and for boats.
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.
Les capitaines qui, dans le Haut-Congo, parcourent le pays pour le compte de commerçants et qui sont équipés d’un fusil, doivent également avoir 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.
Je rappelle à ce sujet que les capitaines ne peuvent posséder aucune arme sophistiquée à part le fusil à piston non rayé; par conséquent, ils ne pourront obtenir des permis de port d’armes que pour ce type de fusil, et ceux concernant des fusils “Albini” ou “Chassepot” en leur possession 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.
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.
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.
Pour éviter que des erreurs ne se reproduisent à l'avenir, nous utiliserons, selon le cas, les formulaires 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 (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 (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.
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.
Ces permis ne doivent pas indiquer les noms des détenteurs; ils peuvent être établis au nom d’un établissement et chaque permis a une durée de validité de cinq ans 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.
Les Commissaires de District, Chefs de Zone, et Chefs de Poste ou leurs délégués doivent exercer une surveillance très sérieuse pour empêcher que les armes avancées dont disposent les commerçants ne passent aux mains des autochtones.
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.
Ils doivent vérifier attentivement les permis de port d'armes et engager des poursuites lorsque ceux-ci ne sont pas strictement conformes. Ils doivent notamment s'assurer que le nombre d'armes en possession correspond bien à celui indiqué sur les permis, et saisir les armes pour lesquelles les formalités requises n'ont pas été respectées.
“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]
“Anyone with a gun carry permit may be asked at any time by the relevant District Commissioner to provide proof of ownership for the weapon or weapons listed on that permit; failing to do so will result in the penalties outlined in Article IX of the Decree.”[149]
Le Gouverneur-Général,
(Signé) WAHIS.
The Governor-General,
(Signed) WAHIS.
(B.)
Circulaire rappelant les Prescriptions sur l’Importation et la Détention des Armes à Feu perfectionnées.
Notice reminding of the Regulations on the Importation and Possession of Improved Firearms.
Boma, le 31 Mai, 1900.
Boma, May 31, 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.
J'ai réalisé que les commerçants locaux ne font aucun effort, malgré les nombreuses recommandations qui leur ont été faites, pour respecter 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.
Quantities of weapons they were allowed to import for the defense of trading establishments, boats, and the protection of trading captains are not listed on the regulatory permits or appear on expired permits, or have gone missing without the authorities being informed.
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:
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....”
“Anyone who commits or allows their subordinates to commit violations of this Decree, as well as the Orders and Implementation Regulations, will be punished with a fine of 100 to 1,000 francs and penal servitude not exceeding one year, or with one of these penalties only....”
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.
L'importation de toute arme avancée, y compris le fusil à piston non rayé, nécessite l'obtention d'un permis de port d'armes.
Celui-ci se subdivise, suivant la destination des armes, en trois catégories:
Celui-ci se subdivise, suivant la destination des armes, en trois catégories:
1. Le permis individuel ou particulier;
1. The individual or private license;
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;
2. The collective permit applicable to firearms intended for the defense of commercial establishments or boats; it can include, depending on the case, up to twenty-five or fifteen rifles, the maximum number of weapons allowed by the Government, for one establishment or boat;
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.
3. The captain's permit. It can only include one weapon, the smoothbore rifle. It shouldn't state the name of the captain carrying it but rather the name of the establishment the captain is associated with.
Ce sont là les trois cas bien déterminés, où l’importation et l’usage des armes perfectionnées sont autorisés.
Ce sont là les trois cas bien définis où l'importation et l'utilisation des armes avancées sont autorisées.
Les armes ne peuvent, en aucune circonstance, être distraites, sans autorisation préalable, de leur première destination.
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.
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.
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.)
Le titulaire d'un permis peut être demandé à tout moment par les Commissaires de District, leurs délégués ou les agents des finances, de prouver qu'il possède l'arme ou les armes mentionnées sur ce permis; en cas de non-présentation de cette preuve, il encourra les pénalités stipulées 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.
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.
This escort cannot, under any circumstances, be made up of agents in their service, unless they have obtained a permit regarding this, which can only be issued by the District Commissioner, and that must be in the possession of the head of the escort and shown to any state agent responsible for weapon control.
Les contraventions aux différentes prescriptions ci-dessus édictées, pourront amener, outre les pénalités, la fermeture des établissements qui auront contrevenu à la loi.
Les violations des différentes règles énoncées ci-dessus peuvent entraîner, en plus des pénalités, la fermeture des établissements qui auront enfreint la loi.
Le Gouverneur-Général,
(Signé) WAHIS.
The Governor-General,
(Signed) WAHIS.
(C.)
Circulaire relative aux Prescriptions sur la Détention des Armes à Feu perfectionnées à l’Usage des Maisons de Commerce.
Notice regarding the Regulations on the Possession of Firearms for Commercial Use.
Boma, le 28 Novembre, 1900.
Boma, November 28, 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.
Je remarque, à travers des rapports qui me parviennent de différentes régions, que les règles concernant les armes à feu avancées destinées aux entreprises ne sont pas appliquées.
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.
Since the publication in June of my Circular No. 30/g dated May 31, 1900, which was sent to all the heads of commercial firms established in the state, they could have compliant with the law by either applying for permits to carry weapons or requesting the necessary modifications to the permits they already hold, which no longer match the arms of their warehouses or the maximum number set by the law for an establishment.
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.
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.
Il m’a été signalé que ces dernières armes étaient parfois confiées à des locaux sans licence.
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.
L'ignorance des lois et règlements concernant l'importation et la possession d'armes à feu peut entraîner des troubles qu'il faut éviter.
Ce n’est qu’en sévissant avec rigueur contre les personnes en faute qu’on parviendra à faire respecter la loi.
Ce n'est qu'en étant strict avec les personnes qui enfreignent la loi qu'on arrivera à faire respecter les règles.
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.
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.
Les armes, objet du délit, devront être saisies.
Ces vérifications doivent commencer dès la réception de la présente Circulaire.
These checks should start as soon as this Circular is received.
Les autorités territoriales me feront rapport, à bref délai, sur les prescriptions qui y sont contenues.
Les autorités locales me donneront un retour rapidement sur les recommandations qui y sont présentes.
Le Gouverneur-Général,
(Signé) WAHIS.
The Governor-General,
(Signed) 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.
Notice following the Order of April 30, 1901, regarding Gun Carrying Permits, establishing rules for the system that will now be followed in this area, as well as certain precautionary measures that District Commissioners and Zone Leaders may prescribe and the administrative penalties that will be associated with them.
Boma, le 30 Avril, 1901.
Boma, April 30, 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.
De récents événements ont encore montré que les règles concernant les armes à feu étaient constamment enfreintes par les patrons ou gérants des commerces malgré les nombreux avertissements 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.
Il a aussi été établi que le stockage d'un certain nombre de fusils avancés dans ces établissements pouvait, sous d'autres aspects, compromettre la sécurité publique, car ces armes pouvaient à un moment donné être utilisées par le personnel local de l'établissement pour former des groupes armés dont les premiers actes porteraient atteinte à la vie des Européens qui les employaient et à leurs biens.
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.
Le danger est d’autant plus grand que le personnel local des établissements de commerce est souvent constitué d’anciens militaires, qui maîtrisent bien l’utilisation des armes avancées.
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.
Il est donc nécessaire de prendre de nouvelles mesures non seulement pour renforcer les outils que la loi fournit à l'autorité pour faire respecter par les gérants d'établissements commerciaux les interdictions établies, notamment par ma Circulaire No. 30/g du 31 mai 1900, mais aussi pour empêcher que les dépôts d'armes avancées, autorisés par le Gouvernement dans les établissements commerciaux ou à bord des bateaux, pour la protection de ces établissements ou de ces bateaux, ne permettent à des personnes en désobéissance à la loi de commettre de graves infractions.
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.
En ce qui concerne le premier point, mon arrêté d'aujourd'hui a pour but d'assurer une action répressive contre ceux qui, contrairement aux règles établies, notamment par ma circulaire 30/g du 31 mai 1900, déplaceraient les armes dont l'introduction et la possession ont été autorisées pour défendre les établissements commerciaux ou les 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.
According to the system that will now be followed, weapon permits (B) from the Circular of March 12, 1897, will be issued in the name of the Director or Chief in Africa of the company or enterprise that requested the introduction and possession of these weapons; the permit must specify, under Article 1er of the decree dated today, to which establishment the weapons, along with the related ammunition, are intended, and require proof of their use.
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.
Les anciens permis délivrés selon la Circulaire du 12 mars 1897 seront modifiés dans un délai de six mois; les Directeurs ou Chefs des Sociétés ou entreprises seront invités par le Receveur des Impôts compétent à soumettre les permis existants et à faire des demandes conformes à l'Article 2 de mon Arrêté daté de ce jour. L’Administration, en délivrant de nouveaux permis, indiquera que les armes et munitions associées ne pourront pas quitter les établissements pour lesquels elles sont destinées.
La délivrance de permis pour les armes destinées à de nouveaux établissements se fera dans les mêmes conditions.
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.
La sanction pénale pourra s'appliquer ainsi, conformément à l'Article 9 du Décret du 12 Mars 1892, contre le gérant de l'établissement qui utiliserait des armes et des munitions à des fins autres que celles pour lesquelles le permis a été délivré, et le cas échéant, contre le Directeur de la Société ou de l'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 devront être renouvelés, ou au moins modifiés, lorsque la direction de la Société ou de l’entreprise sera confiée à une personne autre 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.
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.
The same penalty outlined in Article 9 of the Decree of March 12, 1892, will apply to anyone carrying a bolt-action rifle without a valid permit issued in their name, and, if necessary, the Director or Manager of the Society, establishment, or company.
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.
De plus, sans nuire à d'éventuelles poursuites pénales, les violations des règles établies, notamment par mon arrêté d'aujourd'hui concernant les armes pour lesquelles un permis est délivré, peuvent entraîner le retrait du permis, peu importe les conséquences que cela pourrait avoir 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:—
Pour répondre à l'autre intérêt que j'ai mentionné au début de cette circulaire, je soumets également la délivrance des permis (B) et (C) à l'engagement des chefs d'établissement d'admettre et de respecter les mesures de précaution que le Commissaire de District ou le Chef de Zone jugeront nécessaires pour prévenir tout danger, et qui pourront varier selon les circonstances; ainsi, ces fonctionnaires pourront, et devront dans la plupart 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;
(a.) That advanced weapons and the ammunition intended for the establishment or the boat (or even the breech-loading rifles as long as their number exceeds five) be stored in a special room that has sufficient security measures to prevent break-ins, which is securely locked, and in such a way that access can only be granted to the person who holds the keys;
(b.) Que la garde en soit confiée à un homme sûr;
(b.) That the custody be entrusted to a reliable man;
(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.
(c.) That the establishment submits to him monthly a list of the indigenous staff it employs, providing for each member their tribe, previous employment, and any other useful information, particularly regarding their character, and without prejudice to the provisions of Article 14 of the Decree of November 8, 1888, Article 11 of the Order of January 1, 1890, Article 46 of the Decree of May 4, 1895, and those of the Order of April 4, 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.
Les commissaires de district et chefs de zone s'assureront du strict respect des mesures qu'ils auront mises en place à ce sujet ; ils visiteront, que ce soit eux-mêmes ou par l'intermédiaire de délégués, aussi souvent que 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 respectées 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.
Dans les cas où des infractions à la loi ou aux mesures de sécurité qu’ils ont mises en place sont constatées, ou si, à cause de circonstances particulières, le stockage d'armes améliorées couvertes par les permis collectifs (B) et (C) pose un risque pour la sécurité générale, ils me tiendront informé en me détaillant les infractions ou la situation, afin que je puisse décider en toute connaissance de cause s'il est nécessaire 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.
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.
The Governor-General,
(Signed) WAHIS.
No. 2.
The Marquess of Lansdowne to Sir C. Phipps.
Foreign Office, April 19, 1904.
Foreign Office, April 19, 1904.
Sir,
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.
THE “Notes” prepared by the Congo Government and given to you on the 13th of last month as a preliminary reply to Mr. Casement’s report contain statements that require careful consideration and some time devoted to them.
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 would like to express their great satisfaction upon learning that the Congo Government agrees with their views on the general principles that should guide interactions with the native African populations. They are also pleased by the announcement that a thorough and unbiased investigation will be conducted into the accusations against the administration of the Free State, and that if any genuine abuses or the need for reform are uncovered, the central Government will respond as the situation requires.
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 Government has complete confidence that an investigation of this nature will address any grievances or actual wrongs that may be proven to exist. If the current administrative system is found to offer no sufficient protection against the abuse of power by State employees or by the Companies under State control, necessary steps will be taken to fix these serious issues. The Government is motivated solely by a desire to uncover the truth and to fulfill the obligation of all the Powers involved in the Berlin Act "to monitor, as much as possible, the preservation of the native tribes and to care for the improvement of their moral and material well-being." They are, therefore, pleased to note that the notes do not support the regrettable and unfounded insinuation made in M. de Cuvelier’s communication on September 17, 1903, that humanitarian interests have been used in this country as a pretext to hide plans for the abolition and division 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.
The request in the notes for the complete text of Mr. Casement’s report brings up a question that's quite challenging.
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.
Personal names and details about places and dates were withheld, not because of any lack of trust in the central Government in Brussels, but because it was understood that if this information were made public, it would inevitably reach the very officials in the Congo to whom the abuses are attributed. Knowing these details would have provided those individuals with chances to pressure the witnesses or to cover up their own wrongdoings, making it impossible to conduct the effective investigation that the Congo Government aims to achieve. These concerns seem to be somewhat confirmed by the fact noted in the “Notes” when referencing M. Bosco’s report, that those who testified in the Epondo Case had gone into hiding, and that all attempts to locate them had been unsuccessful. His Majesty’s Government is understandably eager to support, as much as they can, the investigation that they have now been assured will occur. However, they feel obligated to approach this matter with great caution, and before considering whether they can provide the complete text of the report, they must inquire if the Congo Government will accept full responsibility for how the information shared will be used, and whether they will inform His Majesty’s Government about the steps they are willing to take and enforce to protect the witnesses, both European and local, from any violence or retaliatory actions from those against whom they have given testimony.
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.
Regarding the application, updated in the “Notes,” for previous reports from British Consular officers, it’s important to clarify that these reports, while providing seemingly reliable testimony, were based on hearsay and lacked the credibility of firsthand observation. Without this, His Majesty’s Government was hesitant to reach any firm conclusion that might negatively affect the administration of the Congo State. Additionally, some of the reports are quite old; the Congo State has clearly been very active in expanding its presence in the country, and it would be unfair to present statements about a situation that may have completely changed. In the dispatch from August 8, 1903, His Majesty’s Government explicitly stated that they were unsure of how accurate the allegations against the Congo State were. To gather direct and personal information about the actual state of affairs, Mr. Casement undertook the journey documented 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 ask you to read this message to M. de Cuvelier and give a copy of it to his Excellency. Copies will be sent to the Powers that His Majesty’s Government has been in touch with, as Parties to the Berlin Act.
I am, &c.
(Signed) LANSDOWNE.
I am, etc. (Signed) LANSDOWNE.
No. 3.
Acting Consul Nightingale to the Marquess of Lansdowne.—(Received May 3.)
(Extract.)
(Extract.)
Boma, April 7, 1904.
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 honored to send you a copy of the Judgment in Appeal regarding the cases of M. Caudron and Silvanus Jones for your information.
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.
I was told that the state prosecutor called for the harshest penalty for Caudron, claiming he was directly responsible for the brutal murders of over 122 locals (this is the verified number, but many more are believed to have been killed without any record) during his expeditions and raids in the Mongalla district to obtain rubber, all to earn a big commission from his exploitation of the locals.
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.
The defense lawyer argued, on the other hand, that documents and other evidence showed that Caudron didn’t individually do anything wrong except accidentally shoot the women at Muibembetti. He claimed that the overall responsibility for the situation in Mongalla rested with the State, which hired the Société Commerciale Anversoise as its tax collector. The State was also a half shareholder and took three-fourths of the Company’s profits. The Company operated on the State's Private Domain and owned no land itself. All assaults on the locals were directed by the district's Commissaire-Général, who issued written orders to his deputies, and Caudron was only asked to join those expeditions because he was the only one familiar with every part 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.
As you will see, Caudron’s sentence was cut from twenty years of hard labor to fifteen years, while Silvanus Jones’s ten-year sentence was upheld, but the Court strongly recommended a quick reduction of that sentence, which was the least they could do.
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.
After the Appeal Judgment, I got permission from the Vice-Governor-General to visit Jones in prison, and I’m sending a note about my meeting 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.
On talking to the Director of Justice after my interview with Jones, I pointed out that the man hadn’t been defended by a lawyer. The Director responded that his case was happening at the same time as Caudron’s, and that there was no need for him to hire a lawyer.
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.
As a matter of fact, Jones wasn't asked if he wanted to hire a lawyer to defend him, nor was he (according to his statement) aware of what the charges against him were. He had money and would have hired someone to defend him if he had known what those charges were. He believed 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.
I’m including another note from the Director of Justice, which outlines the various Decrees regarding arms and details the violations 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.
“Out of evil comes good” is an old saying, and I believe that if the Upper Congo were opened up to free trade and the concession companies were eliminated, once confidence was restored among the locals and they understood that they could sell their goods to whoever they wanted, the Congo State would soon become the largest 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.
The African native is a natural trader, and it's well known how much value white people place on rubber, so they would naturally start bringing it in once trust is fully rebuilt. The State would benefit from the trading licenses and export duties. And that's all it is reasonably 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.
Before wrapping up, I want to bring to your Lordship's attention that in the “Bulletin Officiel” (No. 12) from last December, there’s a decree letting the agents of the Katanga Company collect state taxes. This means that the same abuses could continue in Katanga as we've seen in the Mongalla district, unless we implement very strict measures to stop them.
Inclosure 1 in No. 3.
Judgment in Appeal respecting the Cases of M. Caudron and S. Jones.
Judgment in Appeal regarding the Cases of M. Caudron and S. Jones.
Le Tribunal d’Appel de Boma, siégeant en Matière Pénale, a rendu l’Arrêt suivant:—
Le Tribunal d’Appel de Boma, siégeant en Matière Pénale, a rendu l’Arrêt suivant:—
Audience Publique du 15 Mars, 1904.
Public Audience on March 15, 1904.
(No. du role 395.)
(No. du rôle 395.)
En cause: Ministère Public contre—
At issue: Public Prosecutor against—
(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
(1) CAUDRON, PHILLIP CHARLES FRANÇOIS, born in Auderlecht, Belgium, Head of the Commercial Zone of the Melo, working for the Antwerp Company of Commerce in the Congo; and
(2) Jones, Silvanus, originaire de Lagos, clerc au service de la même Société:
(2) Jones, Silvanus, from Lagos, a clerk working for the same Society:
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:
Prévenus—the first at the end of 1902 and at the beginning of 1903, when he was the Head of the Melo commercial zone, working for the Antwerp Society of Commerce in the 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;
1. Having had the village of Liboké attacked at night by the armed riflemen of the Albini Company, directly causing the death of a number of indigenous people from the village of 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;
2. To have moved around with a group made up of sixty state soldiers and twenty armed men from the Antwerp Society of Commerce in Congo, equipped with Albini rifles, and to have ordered this group, divided into small detachments, to attack the indigenous people of the villages of Magugu, Tariba, Mandingia, Muibembetti, and Kakoré, directly causing the deaths of a large number of people from these 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;
3. To have intentionally harmed the woman Menniegbiré at Muibembetti by shooting her in the chest with a shotgun;
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;
4. Having arbitrarily detained about twenty prisoners in Mimbo for nearly a month, taken during the expeditions to the villages of Magugu, Teriba, Mandingia, Muibembetti, and 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;
5. Being the direct cause of a prisoner's death at Mimbo, having previously instructed the armed sentries under his command to shoot any prisoner who attempted to escape;
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;
6. To have at the Binga-State post given the order to the sentries to kill a Mogwande Chief, an order which was carried out by soldier 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;
7. By establishing or allowing the establishment of trading posts at Bussa-Baya and Dengeseke, where armed workers were stationed with Albini and cartridges that were part of the armament for the trading posts in Mimbo and Binga, these weapons and ammunition were moved without permission and were used to commit the offenses for which Jones, Silvanus, the head of the Bussa-Baya trading post, and Bangi, the servant of the former, are being prosecuted;
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.
8. At the Mimbo post, he handed over 100 Albini cartridges, which belonged to the state, to his Captain Kassango, and at the Binga post, he gave 200 to Houart, the head of that trading station; these actions constitute fraudulent misappropriation of cartridges to the detriment of the state, or alternatively, an offense against the regulations regarding firearms—offenses outlined in Articles 1er, 2, 3, 4, 11, 18, 19 of the Penal Code, 101 bis, 101 (4) of the Penal Code, Decree of March 27, 1900; 2 and 9 of the Decree of March 10, 1892; and the Order of April 30, 1901, regarding firearms.
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;
Le deuxième a, 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 ordonnant de tuer les indigènes, ce qui a directement causé 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, ainsi que les Articles 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 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 notifications des dits appels au Ministère Public, et aux prévenus en date du même jour;
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;
Vu l’assignation donnée aux prévenus par acte du 22 février 1904;
Ouï le Juge Albert Sweerts en son rapport;
Ouï le Juge Albert Sweerts dans son rapport;
Vu l’instruction faite devant le Tribunal d’Appel;
Vu l’instruction faite devant le Tribunal d’Appel;
Ouï M. le Procureur d’État en ses réquisitions;
Ouï M. le Procureur d’État dans ses demandes;
Ouï les prévenus en leurs dires et moyens de défense présentés pour Caudron par M. de Nentor, défenseur agréé par le Tribunal;
Ouï les prévenus dans leurs déclarations et les moyens de défense présentés pour Caudron par M. de Nentor, avocat 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;
Attendu que la Cour d'Appel est saisie par l'appel du prévenu Caudron, et en même temps par l'appel du Ministère Public concernant ce dernier et 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 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;
Que, cependant, l’appel du Ministère Public remet tout en question même dans l’intérêt des intimés;
En ce qui concerne le prévenu Caudron:
En ce qui concerne le prévenu Caudron:
Sur les première et deuxième préventions:—
Sur les première et deuxième préventions:—
Attendu qu’il est établi par les dépositions des témoins et par les pièces versées au dossier
Attendu qu'il est prouvé par les témoignages des témoins et par les documents présentés dans le 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;
1. That, on the night of October 15 to 16, 1902, at the Akula station in the Melo region, the accused Caudron, Zone Chief of the Antwerp Commercial Company in this area, in order to punish the villagers of Liboké for not providing the labor he demanded from them, ordered five of his workers, armed with Albini rifles, to go to the village and shoot at the locals, an order that the workers carried out, killing the Chief and several villagers.
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;
2. That, during the months of January, February, and March 1903, in order to force the locals in the Banga region to increase rubber harvests, he undertook an expedition to that area with twenty of his workers, armed with Albinis, and accompanied by a non-commissioned officer and fifty state soldiers; that during this expedition, he sent the armed workers and the soldiers divided into small detachments to the locations of Mogugu, Teriba, Bongu, Muibembetti, and Kakoré, with orders to shoot any locals they encountered, an order that the workers and soldiers carried out, resulting in the deaths of a large number of locals;
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;
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;
Attendant, concernant le fait de Liboké, que tous les témoins interrogés à ce sujet lors de l'audience de Première Instance et d'Appel ont formellement nié que M. Nagant ait été à Akula au moment de l'attaque du dit village, et qu'il ait donc pu confirmer par sa présence l'ordre donné par le prévenu Caudron, comme ce dernier l'affirme;
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, il existe dans le dossier des copies certifiées conformes de deux lettres qui auraient été envoyées par M. Collet, le responsable du poste d’Akula, à M. Nagant. La première, datée du 12 octobre 1902, demandait son intervention contre le village de Liboké, et la deuxième, datée du 16 octobre, donc le jour après l’attaque, le remerciait pour son intervention et l'informait que les habitants s'étaient présentés le matin au poste et avaient promis de payer régulièrement les impôts. L’accusation conteste l’authenticité de ces lettres et soutient qu'elles ont été forgées ensuite pour servir 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, 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, par conséquent, tout supplément d’instruction relativement aux dites circonstances serait, dans l’intérêt de la défense, absolument inutile;
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, concernant l’expédition chez les Banga, que la présence du Chef de la Police Jamart dans cette expédition avec cinquante soldats de l’État n’est pas contestée, et qu’il est également prouvé que le prévenu a agi en parfaite coopération avec lui ; il reste donc à examiner si la présence et l’autorisation de ces représentants de l’autorité pourraient justifier l’action 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;
Attending to the fact that it’s a legal principle clearly established in the Codes that our legislation is based on, it’s not enough for an act to have been ordered by authority for it to be considered not a crime; it must also be mandated by law at the same time. There’s no doubt that this case involves only common law offenses, specifically, homicides committed for private gain with the aim of forcing the locals to provide their labor or products.
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, although there have been some vague discussions about restoring order, it clearly results from the statements of all the witnesses and even the reports sent by the defendant to the Director of the Company, and his letters to the managers of his area, that his actions against these locals were solely in the interest of his business, particularly aimed at increasing rubber production;
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 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;
Que, de toute façon, il est clairement établi qu’au moment où ces événements se sont produits, l’ordre n’avait pas été du tout perturbé ni à Liboké ni chez les Banga; qu'il ne ressort pas que les victimes de ces événements 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;
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'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;
Qu'il est prouvé par les dépositions des témoins et par les déclarations du prévenu lui-même que, durant ces événements, les indigènes n'ont jamais attaqué ni 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;
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;
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;
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;
Que le prévenu n’était pas un agent de l'autorité; qu'il n'avait de comptes à rendre à personne; qu'il n'était en aucun cas de son rôle d'agent de Société de participer à des actes de répression; qu'il avait donc parfaitement le droit de refuser d'exécuter les ordres qu'on lui donnait 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;
Qu'il est en effet 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;
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;
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;
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;
Tous les témoins ont convenu que lors de toutes les expéditions qu'il a menées avec les Chefs du Poste de Police, c'était lui qui était aux commandes, qui donnait des ordres et qui punissait, non seulement ses hommes, mais même les soldats de l'État. En ce qui concerne l'expédition contre les Banga, il est clair que le Caporal Jamart, un jeune homme à peine arrivé en Afrique, ne connaissant ni la langue ni le pays, et étant de surcroît malade au point de devoir presque toujours être porté et de rester en arrière même pendant plusieurs jours, n'était qu'un simple acteur dont le prévenu se servait dans l'espoir que sa présence couvrirait les illégalités qu'il commettait et engagerait 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;
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;
Qu'il savait bien qu'on ne pouvait pas tuer, et encore moins pour un intérêt commercial;
Il savait que les lois de l’État ne le tolère pas;
Il savait que les lois de l'État ne le toléraient 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 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;
Il pensait être plus habile que les autres en essayant de dissimuler sa responsabilité en utilisant 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;
Mais si cette précaution se révèle inefficace, s’il réalise trop tard que la responsabilité pénale ne peut pas être évitée aussi facilement, il n’a pas le droit de se considérer comme 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;
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;
Attending, however, that the defendant insists on the request he had already made in the First Instance; that the Court orders a supplementary investigation to include in the case file the political reports sent by the higher administrative authorities of the region to the local Government, which would show that said authorities were aware of and approved the actions he is accused of, as well as other previous and subsequent operations he had conducted with the state troops, and that the local Government, questioned by the Investigating Magistrate, stated that, in principle, it did not believe it could share these documents, which, besides, contained nothing related to the actions indicated by the defendant;
Que la défense conteste ces déclarations en droit et en fait;
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;
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 ce droit, qui est accordé à l'autorité par la loi, ne peut être limité que par la loi elle-même; ni la législation congolaise, ni celle dont elle s'inspire, ne fixent de limitations 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;
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;
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;
Que dans l'espèce, la défense pense pouvoir déduire de ces éléments l'approbation et, dans tous les cas, la tolérance de l'autorité concernant ces actions;
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;
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 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;
Que, au mieux, il pourrait demander aux autorités d'être indulgentes 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’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;
Qu’en effet, la présence et la coopération des chefs de police de Binga lors des affaires de Qiboko et de l'expédition chez les Banga ont été reconnues par le Tribunal ; il ressort également des témoignages que, précédemment et par la suite, l'accusé avait mené d'autres opérations répressives contre les habitants, accompagné d'agents et de soldats de l'État ;
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;
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:
On the third prevention:
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;
Attendu qu’il est prouvé par les témoignages des témoins et qu’il est reconnu par les prévenus qu’à Muibembetti, lors d’une expédition contre les Banga, s’étant fâché à cause d’un retard des porteurs, il a tiré avec son fusil de chasse chargé de petits plombs ; 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:
On the fourth prevention:
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 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;
Attending that the Public Ministry stated at the First Instance hearing that it had been authorized to announce that there is a letter from the Governor-General to the District Commissioner of New Antwerp, granting the Antwerp Trading Company in the Congo the right to demand rubber as a tax; that this letter adds that the police commander may, in case of refusal, enforce compliance; that he may even delegate this right to an agent of the Antwerp Trading Company in the Congo, but it will always be his decision whether to maintain the detention or not;
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;
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 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;
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'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;
Qu’une telle loi n’a été adoptée que récemment, bien longtemps après les faits en question, et qu’elle nécessite, de plus, pour l’application de la contrainte par corps des conditions qui n’existent pas dans ce cas;
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;
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;
Qu'on peut bien comprendre que le prévenu ait pu se tromper sur ce point, mais que la bonne foi, pour erreur de droit, ne peut pas être acceptée; qu'il est juste néanmoins d'en tenir compte pour appliquer au prévenu des circonstances atténuantes dans la mesure la plus large possible;
Sur la cinquième prévention:
On the fifth prevention:
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;
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, a été tué d'un coup d'Albini par la sentinelle de garde;
Que le prévenu soutient être absolument étranger à ce fait;
Que le prévenu affirme être complètement 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:
Attendu que, bien que les témoignages aient prouvé que l'accusé avait toujours dit à ses hommes de tirer sur les prisonniers qui essayaient de s'échapper, il n'est pas prouvé, cependant, que la sentinelle qui a tiré était l'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;
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;
Que ce meurtre, par conséquent, ne pourrait pas être imputé au prévenu;
Sur la sixième prévention:
On the sixth prevention:
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;
Qu'il reconnaît qu'à deux reprises les soldats, alors qu'il se trouvait avec Jamart, étaient venus demander des instructions concernant ce prisonnier qui causait des problèmes; qu'il confirme également qu'il était présent dans la prison lorsque le prisonnier a été tué; qu'il affirme néanmoins que ni lui ni Jamart n'avaient donné d'instructions aux soldats et qu'il s'était rendu à la prison uniquement pour calmer le prisonnier.
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;
Given that all the witnesses heard on this matter during the preliminary investigation and at the hearing have, in the most precise and consistent manner regarding the smallest details, stated that the accused ordered the killing twice: first to Sergeant Tangua, who had gone to ask for instructions, and a second time to the same sergeant and soldier Rixassi when they returned to confirm the order, and that it was the accused himself, who, in the prison, after the sergeant missed when he shot at the prisoner, handed the rifle to soldier Rixassi, who then killed him;
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 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;
Que ces deux circonstances, évidemment prouvées même par des témoignages autres que ceux 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 toujours considéré 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;
Qu'il est d'ailleurs très clair qu'ils n'auraient sûrement pas tué sans ordre, même en présence de l'accusé;
Sur la septième prévention:
On the seventh prevention:
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;
Attendu que les faits mentionnés dans l'assignation sont confirmés et acceptés par le prévenu comme constituant des infractions aux règles sur les armes à feu;
Sur la huitième prévention:
On the eighth prevention:
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 qu’en effet, comme l’a dit le juge principal, il s’agit seulement d’un échange de munitions entre les troupes de l’État et les hommes armés de la Compagnie; qu’un simple échange ne peut pas être considéré comme une soustraction frauduleuse, ni (dans le cas de cartouches, et non de l’arme elle-même) une violation des règles concernant 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 que, pour les raisons mentionnées ci-dessus, le prévenu doit être reconnu coupable de meurtres avec préméditation en tant qu'auteur moral, pour abus d’autorité, des faits qui lui sont reprochés dans les première, deuxième et sixième accusations ; de coups et blessures pour la troisième accusation ; de détention arbitraire pour la quatrième ; de violation des réglementations sur les armes à feu pour la septième accusation ; et qu'il doit être dispensé de poursuites pour le reste des accusations ;
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;
Attendu qu'il est justifié de donner au prévenu des circonstances atténuantes, non seulement en raison des considérations mentionnées dans les points un, deux et quatre de l'accusation, mais aussi en raison de ses bons antécédents durant son long séjour en Afrique, et des graves difficultés qu'il a dû affronter en réalisant sa mission au milieu d'une population totalement opposée à toute idée de travail, qui ne respecte d'autre loi que celle de la force et qui ne connaît d'autre moyen de 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 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;
Qu'il est finalement juste de noter que, bien que les faits soient en eux-mêmes très graves, ils perdent cependant une partie de leur gravité lorsqu'on les considère dans le contexte où, selon la coutume ancienne, la vie humaine n'a pas de valeur, et où le vol, le meurtre et le cannibalisme ont constitué jusqu'à hier la vie quotidienne;
En ce qui concerne le prévenu Jones, Silvanus:
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;
Considering it has been established by the consistent testimonies of witnesses and even by the contradictions of the accused that in October 1902, while he was the Chief of the Antwerp Commerce Company post in Bussa-Baya, he ordered the men under his command to go to the area of the trading station and kill the locals they encountered as punishment for not providing enough rubber, an order that his servant Bongi carried out by killing a woman;
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 le prévenu affirme en plus que, de toute façon, il aurait agi, comme dans d'autres cas, selon les instructions de ses supérieurs, en particulier de M. Caudron, le Chef de Zone;
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;
Attendu que, bien que ces ordres ne soient pas clairement définis, les méthodes utilisées par le Chef de Zone Caudron pour obtenir du caoutchouc des habitants, ainsi que le fait que le prévenu ait été envoyé à Bussa-Baya clandestinement et qu'on ait équipé ce poste de huit fusils Albini sans autorisation, permettent tout de même de supposer, dans l'intérêt du prévenu, qu'il a réellement suivi les instructions de ses supérieurs;
Que cependant, pour les raisons déjà exposées, ces ordres ne pourraient en aucun cas justifier ou excuser le prévenu;
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’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 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;
Qu'il a également agi pour son propre intérêt, puisqu'il était payé en fonction de la quantité de caoutchouc qu'il collectait;
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 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;
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;
Par ces motifs et ceux qui ne s'opposent pas à ceux du premier juge;
Le Tribunal d’Appel:
The Court of Appeal:
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;
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;
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;
Étant donné l'appel concernant la peine prononcée contre le prévenu Caudron pour meurtre prémédité, coups et blessures, détentions arbitraires, et violations des règlements sur les armes à feu, avec des circonstances atténuantes, la peine de cinq ans de servitude pénale est maintenue.
Confirme pour le surplus le Jugement dont appel même en ce qui concerne l’autre prévenu, Jones, Silvanus;
Confirms for the remainder the Judgment under appeal even regarding the other defendant, Jones, Silvanus;
Dit que les frais d’appel resteront à charge de l’État.
Dit que les frais d’appel resteront à la 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.
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.
The President,
(Signed) G. NISCO.
Les Juges,
(Signé) Sweerts.
M. Cuciniello.
Le Greffier,
P. Hodüm.
The Judges,
(Signed) Sweerts.
M. Cuciniello.
The Clerk,
P. Hodüm.
(Translation.)
(Translation.)
Judgment in Appeal respecting the Cases of M. Caudron and S. Jones.
Judgment in Appeal regarding 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:—
The Court of Appeal in Boma, reviewing Criminal Cases, has delivered the following Judgment:—
Public Hearing of March 15, 1904.
Public Hearing of March 15, 1904.
(No. on the list 395.)
(No. on the list 395.)
The Public Prosecutor versus—
The Public Prosecutor vs—
(2.) Jones, Silvanus, a native of Lagos, clerk in the service of the said Company:
(2.) Jones, Silvanus, a local from Lagos, clerk in the employment of the mentioned 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:
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;
1. He arranged for the village of Liboké to be attacked at night by the Society's servants, armed with Albini rifles, directly leading to the deaths of several natives from the 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;
2. He traveled around the country with a group of sixty state soldiers and twenty employees of the Société Anversoise du Commerce au Congo, armed with Albinis, and ordered the native people of the villages of Magugu, Teriba, Mandingia, Muibembetti, and Kakoré to be attacked by this group, divided into small teams, resulting in the deaths of many natives from those villages;
3. That he, at Muibembetti, deliberately wounded the woman Menniegbiré by discharging a shot-gun into her breast;
3. That he, at Muibembetti, intentionally shot the woman Menniegbiré in the chest with a shotgun;
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;
4. That he randomly held around twenty prisoners at Mimbo for almost a month, 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;
5. That at Mimbo he directly caused the death of a prisoner, having previously instructed the armed guards under his command to shoot any prisoner who tried 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;
6. At the Binga-État station, he ordered the guards to kill a Mogwande chief, and that order was carried out 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;
7. That he set up, or let be set up, commercial factories at Bussu-Baya and Dengeseke, where workers were stationed, equipped with Albinis and cartridges, which were part of the armament of the factories in Mimbo and Binga. These weapons and ammunition were moved without permission and were used to commit the legal violations for which Silvanus Jones, the head of the Bussu-Baya factory, 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.
8. At the Mimbo post, he gave 100 Albini cartridges owned by the State to his Headman (“Capita”) Kassango, and at the Binga post, he gave 200 cartridges to Houart, the head of that factory. These actions were a fraudulent taking of cartridges, which belong to the State, and also violated the regulations regarding firearms, offenses covered by Articles 1, 2, 3, 4, 11, 18, 19 of the Penal Code, 101 bis, 101 (4) of the Penal Code, Decree of March 27, 1900; and Articles 2 and 9 of the Decree of March 10, 1892, and the Order of August 30, 1901, concerning firearms.
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;
The charges against the second person were that, at the end of 1902, he sent workers from the Société Anversoise du Commerce au Congo, armed with Albinis, into the area around the Bussu-Baya factory, with orders to kill the locals. This directly led to the death of a woman from Bassango, who was shot and killed by his servant Bangi—crimes covered by Articles 1 and 9 of the Decree from March 10, 1892, and by the Order from April 30, 1901, regarding firearms, as well as Articles 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;
In light of the charges against the individuals mentioned above, and the ruling from the Court of First Instance of the Lower Congo on January 12, 1904, sentencing the first individual to twenty years of hard labor and to cover seven-eighths of the legal fees, and the second individual to ten years of hard labor and to pay one-eighth of the legal fees;
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 appeals against that verdict were filed by the Public Prosecutor and the defendant Caudron, based on statements received at the office of the Registrar of the Court of Appeal on February 12, 1904;
Whereas the said appeals were notified to the Public Prosecutor and to the accused on the same day;
Whereas the appeals were communicated to the Public Prosecutor and the accused on the same day;
Whereas a summons was served on the accused on the 22nd February, 1904;
Whereas a summons was served on the accused on February 22, 1904;
Whereas Judge Albert Sweerts has reported on the case;
Whereas Judge Albert Sweerts has provided an update on the case;
Whereas the case has been heard before the Court of Appeal;
Whereas the case has been heard in the Court of Appeal;
Whereas the Procureur d’État has addressed the Court for the prosecution;
Whereas the State Attorney has approached 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 statements and defense of the accused have been heard, presented on behalf of Caudron by Mr. de Neutor, the defense 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 Court of Appeal has accepted the appeal from the accused Caudron, as well as the appeal from the Public Prosecutor regarding him and the other accused, Silvanus Jones;
Whereas, nevertheless, the appeal of the Public Prosecutor reopens the whole case even in the interest of those served with the notice of appeal.
Whereas, however, the Public Prosecutor's appeal reopens the entire case even for those who were served with the notice of appeal.
With regard to the accused Caudron;
With respect to the accused Caudron;
On the first and second counts:
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;
Whereas the evidence from the witnesses and the documents in the “dossier” prove that, on the night of October 15-16, 1902, at the Akula station in the Melo district, the accused Caudron, District Superintendent of the Société Anversoise du Commerce au Congo, aimed to punish the residents of the village of Liboké for not providing the forced labor required of them. He instructed five of his workers, armed with Albinis, to go to the village and open fire on the residents, which the workers carried out, resulting in the death of the Chief and several villagers;
(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;
(2) During January, February, and March 1903, to pressure the local people of the Banga region to provide more rubber, he led an expedition into that area with twenty of his workers, who were armed with Albinis. He was accompanied by a non-commissioned officer and fifty State soldiers. During this expedition, he sent the armed workers and soldiers in small groups to the localities of Magugu, Teriba, Bongu, Muibembetti, and Kakoré, instructing them to shoot at any locals they encountered—orders that the workers and soldiers followed, resulting in the deaths of many 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 the accused admits that these facts are generally true, but argues in his defense that he acted under the authority and even at the directive of the officials, represented in the case of the Liboké incident by Mr. Nagant, and in the case of the expedition against the Banga by Mr. 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, in the case of the Liboké incident, all the witnesses questioned on this issue before the Court of First Instance and the Court of Appeal categorically denied that Mr. Nagant was in Akula when the attack on that village occurred, and therefore he could not have authorized the order given by the accused Caudron, as the latter claims;
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 the “dossier” contains certified copies of two letters written by M. Collet, the Manager of the Akula station, to M. Nagant, the first dated October 12, 1902, requesting him to take action against the village of Liboké, and the second dated October 16—that is, the day after the attack—thanking him for his actions, and informing him that the local villagers had come to the station in the morning and committed to completing their assigned tasks regularly; and the prosecution denies the authenticity of these letters, claiming they were forged later to benefit 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, 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 during the preliminary inquiry, do not permit them to be viewed as forgeries and therefore 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, since there is some doubt, the version that is most favorable to the accused must be accepted—that is to say, that the Chief of the police station, Nagant, was in Akula when the attack on the village of Liboké occurred, and that he was aware of and approved that attack;
Whereas, consequently, any supplementary examination relative to the said circumstances would be absolutely useless in the interest of the defence;
Whereas, therefore, any additional examination related to those circumstances would be completely pointless for the defense;
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, in the case of the expedition against the Banga, it's acknowledged that the Chief of Police, Jamart, was present with fifty state soldiers, and it's also been proven that the accused acted in complete agreement with him during that time; whereas, it is now necessary to decide whether the presence and authorization of these officials can be seen as justifying the actions 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 it is a principle, clearly acknowledged by the codes that our laws are based on, that to rule out the notion of an offense, it isn’t enough for the action to have been ordered by the Executive authorities; it must also be defined 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 it is clear in this case that it involves offenses against common law, specifically, manslaughter committed for personal gain with the aim of forcing the locals to provide labor or goods;
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 the restoration of order has been mentioned somewhat vaguely, the evidence from all the witnesses, as well as the reports submitted by the accused to the Director of the Company and his letters to the district officers, clearly show that in carrying out these hostile actions against the locals, he was solely focused on the interests of his Company's trade, particularly the increase in rubber collection;
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, even if there was any doubt about the nature of the previous mission against the Gwakas, there can be no doubt regarding the facts that are the focus 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;
Whereas, it is a well-known fact that when these events occurred, order had not been disrupted at all, either at Liboké or among the Banga; and it seems the victims of these actions did not commit any other wrongdoing than not providing the Company with the amount of labor it required;
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;
On the other hand, the simple fact that the taxes weren't paid, even if they were legally owed (which they weren’t in this case since no law had authorized their collection yet), could not justify such brutal 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;
In this case, it’s even less appropriate to talk about war-like actions, because attacking peaceful people and shooting at solitary, harmless individuals is definitely not waging 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 the evidence from the witnesses and the statements from the accused himself show that during these events, the natives did not attack or engage in any hostile actions at any time;
Whereas there was not one killed or wounded among the soldiers or among the Company employés;
Whereas none of the soldiers or Company employees were killed or injured;
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, therefore, it would be ridiculous to call it war; and killing in such circumstances is a crime that no law or necessity justifies, and it is punishable by the Penal Code, whether committed by a private individual or by someone in a position 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, on the other hand, the accused cannot argue for a lighter sentence based on the principle of official subordination, since this argument only applies to representatives of authority who follow the orders of a superior official, and only to the extent that the superior's authority is applicable;
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 the accused was not a figure of authority and did not owe official loyalty to anyone; it was not part of his responsibilities as an agent of a Company to participate in acts of repression; he was, therefore, completely entitled to refuse to carry out any orders given to him for this purpose, and if he did carry them out, 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;
Whereas, it is a principle of law that simply following an order from a superior does not serve as a valid defense when the illegality of the order is clear;
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;
Further, while there is no truth to the claim that the accused, as he states, only followed the orders of the police station chiefs;
Whereas the truth, on the contrary, is that the latter were, in point of fact, under his orders;
Whereas the truth, on the other hand, is that the latter were actually 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 a simple non-commissioned officer like Nagant; a basic military assistant (corporal) like Jamart, had no authority over the accused, who held the high position of a District Superintendent of the Société Anversoise du Commerce au Congo and was in charge of a large staff of both white men and locals;
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;
All the witnesses agreed that during all the missions he went on with the police chiefs, he was the one in charge, giving orders and punishing not only his own men but also the State's soldiers. In particular, during the mission against the Banga, it's clear that Corporal Jamart, who was quite young and had just arrived in Africa, didn't know the language or the area, and was so ill that he often had to be carried and lagged behind for several days. He was merely a figurehead used by the accused, who thought that having Jamart there would help him cover up his illegal actions and push the blame onto the State.
Whereas it is therefore useless for the accused to plead good faith in having acted in accord with the representatives of authority;
Whereas it is therefore pointless for the accused to claim they acted in good faith according to the authority figures.
Whereas he knew that he ought not to kill, and that he was even less justified in so doing in the interests of trade;
Whereas he knew that he shouldn't kill, and that he was even less justified in doing so for the sake of business;
He knew that it is not tolerated by the laws of the State;
He knew that the laws of the State do not allow it;
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 also knew that several of his predecessors and colleagues in the same area, who were part of the same Company, had received harsh sentences from the Court for similar offenses;
He thought he would be cleverer than the others in trying to cover his responsibility by making use of State employés;
He thought he could outsmart the others by using government employees to avoid his responsibilities;
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, if he was wrong, it wasn't about the morality of the actions he took, but about the effectiveness of the trick he used to conceal 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;
The accused continues to insist on his earlier request made in the First Instance—that the Tribunal should order a supplementary inquiry to include in the “dossier” the political reports sent by the higher administrative authorities of the region to the Local Government. These reports would show that the authorities were aware of and supported the actions he’s accused of, as well as earlier and later missions he undertook with the State's troops. However, the Local Government, questioned by the examining Magistrate, stated that it generally believed it was not possible to produce these documents, and furthermore, that the documents contained nothing related to the facts mentioned by the accused.
Whereas the defence contests these declarations in law and in fact;
Whereas the defense challenges these statements both legally and factually;
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 the judicial authority's right to request and even search for any document in any public or private space that could result in 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 this right, granted to the judicial authority by law, can only be limited by law as well; whereas neither the Congo legislation nor the legislation it is based on sets any limitations favoring 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 if an exception is made for diplomatic representatives, it’s because of the idea that their residence is outside local jurisdiction; whereas there is no safe haven;
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, however, it is the responsibility of the judicial authority to handle such matters with the utmost caution, and only if the requested documents are clearly useful to the prosecution or the defense;
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, in this case, the defense believes it can infer from these documents the approval, and at the very least, the acceptance of the authorities regarding 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, as mentioned above, even the clear order, and therefore even less the acceptance of the authorities, cannot be considered a valid reason to justify actions that go against 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 this principle has been affirmed by the State's courts for a long time and on several occasions;
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, as a result, in no case could the accused find in the documents he is requesting any justification for the actions he is being charged with;
Whereas the utmost he could do would be to adduce the toleration of the authorities as an extenuating circumstance;
Whereas the most he could do would be to point out the authorities' tolerance as a mitigating factor;
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, in this regard, it’s worth noting that the documents in the “dossier” itself, along with the testimonies of witnesses, demonstrate a certain level of tolerance from 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 the presence and cooperation of the heads of the police station in Binga during the Qiboke incident and the expedition against the Banga have been acknowledged by the Tribunal. Whereas the testimonies of the witnesses also demonstrate that the accused, along with State agents and soldiers, had carried out other punitive expeditions against the natives both before and after the events in question;
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 this is enough reason to at least assume the acceptance of the higher authorities in the area, and to consider this acceptance as a mitigating factor in favor 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;
Whereas, therefore, any additional investigation on this matter, even if it could help demonstrate the responsibility of others, would be of no benefit to the accused;
On the third count:
On the third charge:
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;
Whereas it is shown by witness testimonies and acknowledged by the accused individuals that at Muibembetti, during an expedition against the Banga, one of the accused lost his temper due to a delay caused by the carriers and shot at them with his shotgun loaded with small shot; one of the two shots hit a native woman in the back; the injury was minor and did not prevent her from working;
On the fourth count:
On the fourth charge:
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;
The accused admits that he had around twenty local people detained at the Mimbo factory, who were captured during the expedition against the Banga, and that their detention was solely meant to force their villages to collect rubber. He claims in his defense that these individuals were arrested with the approval and help of Jamart, the police station chief; that they were waiting at Mimbo for instructions from the police commander; and that he insists this action was entirely legal since the government had allowed the Société Anversoise du Commerce au Congo to demand rubber as a tax from the population and had established detention as a penalty for refusal since April 1901.
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 the Public Prosecutor stated during a trial at the Court of First Instance that he had the authority to confirm the existence of a letter from the Governor-General to the Commissioner of the Nouvelle-Anvers district, which granted the Société Anversoise du Commerce au Congo the right to collect rubber as a tax; whereas this letter also mentions that the police force commander may enforce detention penalties in case of refusal; he has the option to delegate that right to an agent of the Société Anversoise du Commerce au Congo, but the final decision on whether the detention is confirmed will always be his.
Whereas it is quite evident that taxes could not be established, or detention in case of non-payment decreed, by a mere letter;
Whereas it's clear that taxes couldn't be set up, or penalties for not paying enforced, by just a 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 the authority to impose taxes on the people and to set penalties can only belong to the Sovereign King or to those he has legally delegated this power to 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 the Judicature would be failing in its duty and mission if it acknowledged in any other authority the powers that are reserved for the sovereign authority;
And whereas a law duly decreed and published would therefore have been necessary;
And since a law that was properly enacted and made public would 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;
And while this law has only come about recently, long after the actions that are the basis of the prosecution, it also requires conditions for the penalty of detention to apply that are not present 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;
Whereas, therefore, the Governor-General's letter, which couldn't go against the Penal Code, couldn't justify the violation of personal freedom;
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;
And while it's possible that the accused was mistaken about this issue, acting in good faith cannot be used as a justification for breaking 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;
Whereas it is fair to consider this in order to give the accused the maximum benefit of extenuating circumstances on this point;
On the fifth count:
On the fifth charge:
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;
Whereas it is acknowledged and accepted by the accused men that one of the prisoners held at Mimbo, who tried to escape during the night, was shot and killed with an Albini rifle by the guard on duty;
And whereas the accused maintains that he had absolutely nothing to do with this act;
And the accused claims that he had 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, although witness evidence shows that the accused had consistently instructed his men to shoot at prisoners attempting to escape, it has not been proven that the sentry who fired was one of the men directly under his command;
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;
Whereas, on the other hand, the proceedings appear to indicate that the man in question was a worker at the Mimbo factory, and he had been assigned as a guard by the factory Manager;
And whereas the murder, therefore, could not be imputed to the accused;
And since the murder could not be blamed on the accused;
On the sixth count:
On the sixth charge:
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 the accused acknowledges that after he returned from the mission against the Banga, a local chief was killed in the police station's jail in Banga by the soldiers assigned to 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 he acknowledges that on two occasions, when he was with Jamart, the soldiers came to ask for instructions about this disruptive prisoner; and he also acknowledges that he was actually present in the prison when the prisoner was killed; however, he insists that neither he nor Jamart gave any orders to the soldiers, and that he went to the prison solely to persuade the prisoner to calm down;
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;
All the witnesses questioned about this during the preliminary inquiry and the case hearing clearly and consistently stated that the accused gave the order to kill twice: first to Sergeant Tangua, who came for instructions, and then again to the same sergeant and soldier Rixassi when they returned to get the order confirmed. It was the accused himself who, in the prison, after the sergeant missed the prisoner with his shot, handed the gun to soldier Rixassi, who then 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 that detail was also provided by the witness Houart, who was held in prison at Boma, while the other witnesses were still in the Upper Congo; so it’s impossible that it was made up;
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 these two facts, clearly supported by additional evidence and local witnesses, that the accused was in the prison and that he handed the gun to the shooter, strongly confirm that he was the one who gave the order to fire—an order that the soldiers returning from the mission, who had always viewed the accused as their Commander, had no reason to question;
Whereas it is, moreover, amply evident that they certainly would not have killed without instructions, even in the presence of the accused;
Where it's clear that they definitely wouldn't have killed without orders, even in front of the accused;
On the seventh count:
On the seventh charge:
Whereas the facts cited in the prosecution are established, and admitted by the accused, and constitute breaches of the Regulations as to fire-arms;
Whereas the facts mentioned in the prosecution are established and acknowledged by the defendant, and they represent violations of the firearm regulations;
On the eighth count:
On the eighth charge:
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, as the first Judge stated, this case is simply about an exchange of ammunition between the state troops and the Company's armed men; and since a simple exchange cannot be considered a fraudulent separation, or, when it only concerns cartridges and not the weapons themselves, a violation of the regulations regarding firearms;
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, for the reasons stated above, the accused must be found guilty of premeditated murder as the primary instigator, through misuse of authority, for the actions he's charged with on the first, second, and sixth counts; for assault and battery on the third count; for unlawful detention on the fourth count; for violations of firearm regulations on the seventh count; and he should be cleared of the remaining 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;
While there are valid reasons to consider extenuating circumstances for the accused, not just based on the arguments presented in the first, second, and fourth counts, but also because of his good character during his long time in Africa, and the significant challenges he must have faced while doing his duty in a community that was completely against any notion of work, which only respects the rule of force and understands no argument except through fear;
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 it should be acknowledged that it can be very challenging to act within the law in a country that is still completely barbaric and savage, especially when the laws that are to be followed in that country are the same as those that govern the most civilized nations;
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.
While it's important to note that, although the actions themselves are very serious, they lose some of their weight when viewed in the context of a setting where, by long-standing tradition, human life is of little value, and acts of looting, murder, and cannibalism were, until recently, common events.
As regards the accused Silvanus Jones:
As for 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 it is clearly shown by the consistent testimony of the witnesses, as well as the conflicting statements of the accused himself, that during October 1902, when he was in charge of the Société Anversoise du Commerce au Congo at Bussa-Baya, he instructed the men under his command to go to the area around the factory and kill the locals they encountered as punishment for not providing enough rubber, an order that his servant Bongi carried out 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 the accused argues, as a secondary point, that in any case he acted, like in other situations, according to the instructions from his superiors, particularly those from 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;
Whereas—although these orders are not clearly defined—the methods used by District Chief Caudron to get rubber from the locals, and the fact that the accused was secretly assigned to Bussa-Baya, along with that post being equipped with eight Albini rifles without authorization, support the suggestion, in favor of the accused, that he was actually just following the orders of his superiors;
And whereas, however, for the reasons already given, these orders could in no way justify or exculpate the accused;
And yet, for the reasons already mentioned, these orders can't justify or clear the accused of any wrongdoing;
And whereas he must have known perfectly well that to kill is a crime;
And since he must have known very well that killing is a crime;
And whereas he, moreover, acted in his personal interest because he was paid in proportion to the rubber he collected;
And he was also acting in his own interest because he got paid according to how much 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;
Whereas, however, it is fair to acknowledge his extenuating circumstances as much as possible, considering his environment and the example set by his leader; and whereas it must be recognized that it would have been very challenging for a Black man to resist the pressure of such an 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;
And so, the Court of Appeal hopes that the severity of the penalty, which it is required by law to uphold, can be adjusted for this prisoner through conditional release as soon as possible;
For these reasons and those, cited by the First Judge, which do not conflict with them;
For these reasons and the ones mentioned by the First Judge, which don't contradict them;
The Court of Appeal:
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;
Taking into account Articles 78 of the Decree from April 27, 1889; 3, 4, 11, 98, 101 (bis) and 101 (4) of the Penal Code; 2 and 9 of the Decree from March 10, 1892, and the Order from April 30, 1901;
Declares the appeal of the accused Caudron to be inadmissible;
Declares the appeal of the defendant Caudron to be not allowed;
And, on the appeal of the Public Prosecutor—
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;
Amends the judgment appealed against concerning the accused Caudron regarding the penalty imposed, and finds him guilty of premeditated murder, assault, unlawful detention, and violations of firearm regulations, with mitigating circumstances, to five years of hard labor;
Confirms in other respects the Judgment which was the subject of appeal, also as regards the accused Silvanus Jones;
Confirms in other ways the Judgment that was the focus of the appeal, also regarding the accused Silvanus Jones;
Ordains that the costs of the appeal shall be borne by the State.
Ordains that the State will cover the costs of the appeal.
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.
Thus judged and announced in a public session by the Tribunal, made up 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 President,
(Signed) G. NISCO.
The Judges,
(Signed) Sweerts.
M. Cuciniello.
The Clerk,
P. Hodüm.
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).
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 while employed by 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. How long have you worked for the S.C.A.? —A. I worked there for five years, then went back home to Lagos. After staying there for a while, I returned to the Congo and was hired again by the same company. I'm currently finishing my second year of the new contract.
Q. In what capacity were you engaged by the S.C.A.?—A. As a carpenter.
Q. How were you involved with 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. How is it that, while working as a carpenter, you were buying rubber?—A. There was no more carpentry work left, and since I hadn't finished my contract, I was told to buy rubber. In the past, I used to buy rubber while I was still doing the carpentry work.
Q. Have you ever killed, ill-treated the natives, or burnt down their houses?—A. On my oath, I never have.
Q. Have you ever killed, mistreated the locals, or burned down their houses?—A. I swear, 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. Do you understand what an oath is?—A. Yes; and if there was a Bible here, I would swear on it.
Q. Can you read and write?—A. Only a very little—just my name.
Q. Can you read and write?—A. Just a little bit—only 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. Did you know that people were being shot or mistreated, and that their villages were burned? —A. Yes; I heard about those things happening, but I only saw something similar once at my own station. It was one day (December 9, 1902) when I was lying down, and suddenly I heard gunfire from outside, and a bullet came through my house and nearly hit me. When I went outside, I found a white company agent who had ordered his men (soldiers) to shoot at a man and woman from about 120 yards away. They both died. The woman was pregnant. When I asked the white agent (whose name I can’t remember) why he came and disturbed the people at my station, he replied, “How dare you talk to me, you black man; don’t you see that I am a white man and can give whatever 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. Were you ever ordered to go and punish the natives? — A. Yes. One time, in particular, I was ordered to send some people to punish those who had run into the bush. So I thought for a while about what I should do, and finally decided to send four soldiers into the bush to try and catch the people and bring them to me so I could make peace with them. I instructed the soldiers not to shoot anyone and sent my boy (a Bangala) with them to ensure there was no shooting. 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 while she was bending down by the river, and she fell into the water and was swept away. I never saw the woman or her body, as it was taken away by the current. 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 incident to the white agent at the post there. I understand that I am being punished for this incident. But honestly, I'm not to blame, as I gave clear orders to the soldiers not to shoot anyone.
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. Did you know that when you were called to come to Boma, you were going to be put on trial for some offenses against the locals? — 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. Were you brought to Boma with military escorts?—A. No; I came on my own, but when I got to Boma, a group of soldiers met me and took me to the prison, where I stayed for five days before being released.
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.
Q. Did you know you were going to be tried for different wrongdoings against the locals? —A. No; I thought I was just called in as a witness against that guy.
[Jones pointed to a man who was writing at a desk in the gaoler’s office, who, I was told, was M. Caudron.]
[Jones pointed to a man who was writing at a desk in the jailer'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. You really had no idea that you were being held in Boma to be tried for the serious crimes you were accused of?—A. I had no idea at all.
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.
Q. Would you have hired a lawyer to represent you if you had known you were going to be tried for such serious crimes against the laws of the country?—A. Absolutely, I would have. I brought with me 3,500 francs, and the Judge has 3,000 francs of that amount, which I’d like you to keep for me. I believe you have the receipt.
[Note.—The receipt was handed to Mr. Nightingale by a Lagos man named Shanu a few days ago.]
[Note.—The receipt was given to Mr. Nightingale by a man from Lagos 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.
Q. You know that you’ve been given a ten-year prison sentence, right? — A. Yes, I was sentenced to ten years by the first judge, but the second judge lowered it to two and a half years. They say that if I behave well, I might be released 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.]
[i]Note.[/i]—Jones has misunderstood his sentence. The ten-year sentence from the Court of First Instance was upheld by 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. What work have they assigned to you here?—A. I’m working on the carpentry for this building (pointing to a stone house that is under 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 claim that you are completely innocent of the charges against you, for which you have been sentenced to ten years of hard labor?—A. Yes, Sir; I am innocent.
Q. You wish me to hold the 3,000 fr. for you?—A. Yes; if you please, Sir.
Q. You want me to keep the 3,000 francs for you?—A. Yes, please, Sir.
(Signed) A. NIGHTINGALE.
(Signed) A. NIGHTINGALE.
Inclosure 3 in No. 3.
Note.
Reminder.
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.
JONES, SILVANUS, originally from Lagos, a clerk working for the Antwerp Commercial Company, was accused of having, at the end of 1902, sent workers from the Antwerp Company to the Congo, armed with Albini rifles, near the trading post of Bussu-Baya, and thus being the direct cause of the death of a woman from Bassanga, who was killed by an Albini shot fired by her servant Bangi—violations as outlined in Articles 1 and 9 of the Decree of March 10, 1892, and the Order of April 30, 1901, regarding firearms, as well as Articles 1 and 2 of the Penal Code.
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.
L'Article 1 of the Decree from March 10, 1892 (B.O., 1892, p. 14), prohibits the import, trafficking, transport, and possession of any firearms, as well as gunpowder, bullets, and cartridges. Article 9 of the same Decree punishes any violation of this provision with a fine ranging from 100 fr. to 1,000 fr., and a prison sentence of up to one year, or one of these penalties alone. The Order from April 30, 1901 (R.M., p. 86), requires certain formalities for applications for the issuance of weapon carry permits. Article 1 of the Penal Code (L. 11) defines homicide and intentional bodily harm. Article 2 defines murder and punishes it with life imprisonment.
(Translation.)
(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.
SILVANUS JONES, from Lagos, a clerk for the Société Commerciale Anversoise, was accused of sending some workers employed by the Société Anversoise du Commerce au Congo, armed with Albini rifles, to the area near the Bussu-Baya factory at the end of 1902. This action directly led to the death of a woman from Bassanga, who was shot by an Albini rifle fired by his servant Bangi. These offenses fall under Articles 1 and 9 of the Decree of March 10, 1892, and the Order of April 30, 1901, regarding firearms, as well as Articles 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.
Article 1 of the Decree from March 10, 1892 (B.O., 1892, p. 14) prohibits the import, sale, transportation, and possession of any firearms, as well as gunpowder, bullets, or cartridges. Article 9 of the same Decree imposes a fine ranging from 100 to 1,000 francs for any violation of this rule, along with a prison sentence of up to one year, or just one of those penalties. The Order from April 30, 1901 (R.M., p. 86) specifies certain procedures for requests to obtain permits for carrying weapons. Article 1 of the Penal Code (L. 11) defines homicide and intentional bodily harm. Article 2 defines murder and punishes it with life imprisonment.
No. 4.
Sir C. Phipps to the Marquess of Lansdowne.—(Received May 16.)
My Lord,
My Lord,
Brussels, May 14, 1904.
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.
M. de Cuvelier gave me a memo this evening, a copy of which I'm enclosing, created by the Congo Ministry in response to the issues mentioned in your Lordship’s letter dated the 19th of last month, regarding the administration of the Congo.
I have, &c.
(Signed) CONSTANTINE PHIPPS.
I have, etc.
(Signed) CONSTANTINE PHIPPS.
Inclosure in No. 4.
Memorandum.
Memo.
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.
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.
Regarding the criticism raised by this dispatch that "the interests of humanity have been used in this country as a pretext to hide plans for the abolition of the Congo State,” it should be noted that a member of the House of Commons stated he would prefer “to see the Congo Valley fall into foreign hands,” and that pamphlets pointed out as “absolute and immediate necessities,” “Disruption of the Congo Free State,” and “Partition of the Congo Free State among the Powers,” even suggesting the foundations for such a division. Meanwhile, some British press outlets considered either the alternative “advocated by the more radical critics of the current Administration, namely, the disruption of the Congo Free State,” or the option of “the partition of Congo territory among the Great Powers whose territories in Africa border those of the Congo State,” or declared “what Europe should do, led by Great Britain, is to swiftly eliminate the Congo Free State.” The Congo State's Note from September 17 highlighted these suggestions, which we only briefly mention here in their general tendency, all aimed at dispossessing the Sovereign King of the state that was his personal creation—suggestions that do not align well with respect for law and treaties, as well as with the purely humanitarian and philanthropic motives that the opponents of the state claim to be exclusively driven by in their passionate campaign against it.
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.
In response to the objections raised by the Government of Her Majesty against the sharing of the full text of Mr. Casement's Report, the Government of the Congo State notes that it requested the complete Report specifically to pass it on to the relevant judicial and administrative authorities; otherwise, this communication would be pointless. The need for an impartial investigation and the rights of the defense strongly require that the accused know, in detail, the facts alleged against them, and the concern that the accused might influence or suppress testimonies based solely on knowing these details does not seem justified by the fact that natives who provided false information to the Consul in the Epondo case later avoided appearing before the investigating Magistrate; their flight from these witnesses can be more naturally explained by their awareness of the serious wrongdoing they committed in deliberately misleading the British Consul. While the Congo Government can and is willing to assure that any act or attempt to bribe witnesses will be prosecuted, it is clearly beyond its power to anticipate or hinder the legal actions that those who find themselves falsely accused might take in the interest of their honor or reputation.
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.
Le gouvernement de l'État du Congo regrette que le gouvernement de Sa Majesté Britannique ne juge pas nécessaire de lui communiquer les autres rapports consulaires antérieurs mentionnés dans la dépêche de Lord Lansdowne du 8 août 1903. Comme le précisaient les notes du 12 mars dernier, ces rapports étaient intéressants car ils avaient été rédigés à une époque où le débat actuel n'existait pas.
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.
Une copie de ce Mémorandum sera envoyée 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.
Independent State of the Congo, Brussels,
May 14, 1904.
(Translation.)
(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.
LORD LANSDOWNE’S dispatch dated April 19, 1904, a copy of which was given to the Congo Government on April 27 by His Excellency Sir Constantine Phipps, requires some comments.
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.
Regarding the opinion that this message challenges, “that the interests of humanity have been used in this country as a pretext to hide plans for the abolition of the Congo State,” it’s important to note that a Member of the House of Commons stated he would rather “see the Valley of the Congo fall into the hands of a foreign power.” Some pamphlets referred to the “Disruption of the Congo Free State” and the “Partition of the Congo Free State among the Powers” as urgent and necessary, even suggesting the groundwork for such a partition. Meanwhile, the English press considered two options: either the one proposed by the more radical critics of the current Administration, which was the disruption of the Congo Free State, or the division of Congo territory among the Great Powers bordering the Congo Free State. Some demanded that “what Europe should do, led by Great Britain, is to swiftly eliminate the Congo Free State altogether.” The Congo State Note from September 17 highlighted these suggestions, which we mention here due to their nature, all aimed at robbing the Sovereign King and taking away the State that he created—suggestions completely at odds with respect for rights and Treaties, and with the purely humanitarian and philanthropic motives that the State's opponents claim to be driven by in their passionate campaign 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.
In response to the objections raised by His Majesty’s Government about sharing the full text of Mr. Casement’s Report, the Government of the Congo State emphasizes that it has requested the complete Report specifically in order to pass it along to the appropriate judicial and administrative authorities; without this step, the communication would be meaningless. The desire for an impartial investigation and the rights of the defense make it absolutely necessary for the accused individuals to be informed clearly and in detail about the charges against them. The concern that the accused might use their knowledge of the details to influence or hide evidence doesn’t seem justified, especially considering that the natives involved in the Epondo case, who had provided false information to the Consul, later chose not to appear before the Magistrate overseeing the inquiry. Their decision to flee can be better explained by their awareness of the serious wrong they committed by deliberately misleading the English Consul. If the Congo Government is allowed to assure that any instances of witness tampering, or attempts to do so, would be prosecuted, it is clear that it cannot interfere with or undermine any legal actions that individuals wrongfully accused might feel compelled to take in defense of their honor or 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.
The Government of the Congo State regrets that His Majesty’s Government does not find it necessary to share the other earlier Consular Reports mentioned in Lord Lansdowne’s dispatch from August 8, 1903. As stated in the notes from March 12, these reports are significant because they were written before the current discussion began.
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.
A copy of this Memorandum will be sent to the Powers that received copies of Lord Lansdowne's message from April 19th of last year.
Congo Free State, Brussels,
May 14, 1904.
Congo Free State, Brussels,
May 14, 1904.
No. 5.
The Marquess of Lansdowne to Sir C. Phipps.
Sir,
Hey,
Foreign Office, June 6, 1904.
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.
WITH reference to my message from April 19th, I am sending you, for sharing with the Congo Government, a Memorandum about the remaining issues in the “Notes” given to you on March 13th that seem to require attention from His Majesty’s Government.
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.
I ask you, in presenting this Memorandum, to take the chance to say that His Majesty’s Government regrets that, in M. de Cuvelier’s Memorandum from May 14th, there isn’t a more direct response to the questions they believed were necessary to ask before deciding whether they could provide the full text of Mr. Casement’s Report. My dispatch explained that the names in the Report were kept confidential, not due to a lack of trust in the Central Government of the Congo State, but out of concern that if the information became widely known, it could allow those responsible for misconduct to suppress or deny evidence, or to retaliate against those who provided it. His Majesty’s Government therefore asked whether the Congo Government would accept full responsibility for how this information would be used and would share the measures they were willing to take and enforce to protect the witnesses who spoke to Mr. Casement from possible intimidation or retaliation. It was clearly important for His Majesty’s Government to ensure, as much as possible, the safety of those whose statements to a British officer were made without knowing that they would be named as responsible for charges that could lead to public proceedings. They had no doubt that the Congo Government would understand their motivations and would be willing to meet, as far as they could, the case's requirements in support of the shared objectives of both Governments. However, the Memorandum provided to you by M. de Cuvelier, while emphasizing the need for full information for the investigation, only states that the Congo Government is prepared to assure that action will be taken against anyone who tries to bribe witnesses, but that they cannot interfere with or prevent legal actions taken to protect the honor or reputation of 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.
His Majesty’s Government cannot accept an answer that suggests the information they are asked to provide will be available to the very people whose actions are being questioned, before any steps have been taken to protect the witnesses from undue pressure. They have never thought the Congo Government would tolerate any wrongdoing like bribing witnesses. They’re not asking for and have never intended to suggest that legal remedies should be denied to those who have been falsely accused in public, nor do they want to protect anyone who has given false testimony from facing appropriate legal consequences. What they need is for the Congo Government, in line with established principles of civilized governance, to do everything necessary to ensure that witnesses, if their identities are revealed, will not face any harm to their property or personal safety from the illegal actions of those seeking revenge. No argument can be made that acts of violence are unlikely or impossible under a system like that outlined by the Judgment from the Court of Appeal in Boma in the Caudron Case. His Majesty’s Government sincerely hopes that the Congo Government will see the significant benefit that a thorough and public investigation by a recognized and impartial tribunal into the accusations against their agents and their administration will bring, both for humanity and for the reputation of their own officials.
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.
There’s another point that His Majesty’s Government needs to highlight. The inquiry mentioned in the “Notes” is clearly meant to be thorough and unbiased, and His Majesty’s Government hoped they would have received some updates on how this intention would be carried out by now. Given the unique circumstances that have come up, it’s hard to see how an investigation done solely by State officials or agents of the Concessionary Companies could be considered truly impartial, and the findings may not be convincing enough, which is essential. This issue should ultimately be decided by the Congo Government, and it’s only because, in the view of His Majesty’s Government, the entire matter largely depends on who is overseeing the inquiry that they feel justified in bringing this up. They suggest that a Special Commission be formed, made up of members with a solid reputation, and at least partially including individuals who are not connected to the Congo State, who should be given full powers to collect evidence and ensure witness protection. If such a Commission were established, His Majesty’s Government would be ready to provide its members with all the information they have about the situation in the Congo for their use and guidance, and would assist them fully, believing that an independent Commission like this would uncover the truth and lead to a resolution of the ongoing dispute that would be widely accepted.
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.
You will read this message to M. de Cuvelier and give a copy of it to his Excellency. Copies of the message and the enclosed Memorandum will also be sent to the Powers who were Parties to the Berlin Act.
I am, &c.
(Signed) LANSDOWNE.
I am, etc.
(Signed) LANSDOWNE.
Inclosure in No. 5.
Memorandum.
Memo.
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 first part of the “Notes” talks about the request made by the Congo Government for the release of the earlier Reports from His Majesty’s Consuls mentioned in the Circular from His Majesty’s Government dated August 8th. This issue has already been addressed in the message sent to Sir C. Phipps on April 19th.
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 next point in the “Notes” is the statement made by Mr. Casement that the population has decreased in certain areas; there is doubt about how, during his quick visits, he was able to come up with the numbers he provided, and attention is drawn to alleged inconsistencies in those numbers. Regarding Mr. Casement’s ability to form an opinion on the matter, it’s important to note that his resources for doing so were neither better nor worse than those of Mgr. van Ronslé, meaning he had personal knowledge of what the population had been in previous years and what it seemed to him to be during his last visit. The alleged inconsistency in his figures arises from the fact that he estimated the entire population of the F line of villages at 500, yet a few lines later, he estimates the number of “the several villages whose job it is to keep the wood post fed” at 240. The explanation lies in the fact that in the first instance, Mr. Casement was referring to all the villages in the Settlement, whereas in the second, he was only talking about the residents of that part of the Settlement responsible for supplying food to the nearby 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.
The Congo Government acknowledges that Mr. Casement, like Mgr. van Ronslé, credits a significant part of the population decline to sleeping sickness. However, they place more importance on another factor, namely the ease with which the natives can migrate, which His Majesty’s Government believes is unjustified, as multiple references in the Consul’s Report indicate that the natives are not permitted to leave their own areas.
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.
On p. 4 of the “Notes” (p. 3, supra), it's pointed out that Mr. Casement’s Report includes statements and claims from locals rather than exact, precise, and verified facts. However, it’s hard to understand how the facts in question could be proven without listening to the statements and claims from the locals: the reasons for their complaints can only be accurately and precisely learned from them.
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.
In the last paragraph of p. 4 (p. 3, supra), there's an attempt to argue that since Mr. Casement wasn't the guest of the authorities during his trip into the interior of the Congo State, and because he visited his fellow countrymen during that journey, his presence must have been seen by the locals as opposed to "established authority." However, Mr. Casement was clearly free to travel around his Consular district without having to consult with the authorities first, and he made a point of assuring the people that he had no power to fix their problems. It's evident from his Report, and supported by the "Notes," that he was very careful to direct the locals to the State Government. In fact, in many areas, the locals didn't even know who he was, and it's equally clear that the rumors about the "campaign against the Congo State," which are mentioned as having influenced the inhabitants, couldn't have reached them. It's hard to believe that a population considered among the most primitive and isolated, living deep in Africa, would be aware of discussions happening in a European assembly or the media commentary surrounding those discussions.
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 could not have appeared to all the locals of the Lulongo River in the way claimed, and this is demonstrated in a letter that the agent of the Lulanga Company in Bokakata sent to Mr. Ellery of the Congo Balolo Mission at Ikau on August 28th.
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.
Mr. Casement had found women hostages tied up and guarded by two sentries from that Company who explained to him how these women had been captured and held to force their husbands to bring in rubber.
This letter begins by stating that—
This letter starts by saying 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.”
“Two days ago, the locals say, missionaries from the Congo Balolo Mission went to Yvumi (Ifomi), where they aimed to collect some complaints after first having the crew of the steamer incite the villagers.”
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.”
The letter then aims to demonstrate that the scene Mr. Casement had witnessed was not based on reality, and concludes with the request that Mr. Ellery should share its contents “with the gentleman who went to Yvumi. I regret, not knowing him, that I cannot address him directly.”
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.
It’s clear from this letter that neither the locals of the village mentioned, the guards stationed there, nor the European agent who put them in place had any understanding of the role of “redresser of grievances” that is now assigned 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.
This is more important because Mr. Casement had passed Bokakata the day before this letter was written, on his way to Ikau, where the Lulanga Company’s steamer, with the Director on board, followed on August 28th in search of an unknown traveler whom the locals claimed 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.
That Mr. Casement traveled without government support was completely legitimate for him to do, and it doesn’t require any commentary or explanation. The need for this is further highlighted by a section in his Report (p. 24) where he emphasizes the challenge of finding appropriate accommodations on the government steamer "Flandre," which he had initially considered using to leave 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.
It can also be noted that it was only when he couldn’t find a French steamer available at Brazzaville (which he visited hoping to find on June 25th and 26th) that he decided to ask to borrow a steamer from 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.
A visit to his fellow countrymen was the right thing for him to do, and it made sense that he would get help from them. As their Consul, it was appropriate for him to visit his compatriots living in remote areas surrounded by harsh conditions; and since he wanted to form an independent opinion on the state of local life, it was much more logical for him to choose his own method of separate transportation rather than limit himself to the sometimes inconvenient schedule of government ships or rely on local authorities, who, if there were any issues, would hardly reveal them. His Majesty’s Government does not believe that Mr. Casement was necessarily influenced by the missionaries; they also do not think that English Protestant missionaries are opposed, let alone antagonistic, to the government of a friendly state in which they reside. Additionally, Mr. Casement visited several American mission stations, and contrary to what is stated in the "Notes," he was not only assisted by English missionaries. The steamer he traveled on belonged to the American Baptist Missionary Union, which was lent to him by their Board; the mission station where he spent the most time is an American station, and he often had Americans as guests on board and during his visits to the locals.
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!”
The Congo Government tries to back up their claim that Mr. Casement was against established authority by pointing out what they consider “typical” behavior. They mentioned that while he was in Bonginda, the locals gathered along the riverbanks and shouted at the agents of the Lulanga Company, saying, “Your violence is over; it’s leaving; only the English remain! You all will die!”
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.
If the incident mentioned actually happened as described, it would suggest that the locals weren't so much upset with "established authority" as they were with the representatives 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.
But the above is hardly an accurate description of what happened, as the Congo Government must acknowledge, considering they have recorded a completely different version of the incident themselves.
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 December 2, 1903, the Secretary-General of the Congo State, while bringing to Dr. H. Grattan Guinness's attention the issue of this supposed "disorder" among the natives, described it in the following way:—
“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—
“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!’
“Your violence is over; it's leaving; only the English remain! You others die!”
“Ces propos séditieux étaient proférés en présence de missionnaires de Bonginda.”
“Those seditious remarks were made in the presence of missionaries from 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.
Without going into detail about such a minor conflict between the canoe boys of a passing trader and some local natives, it's important to point out the difference between M. de Cuvelier’s complaint from December 2nd and how it is now phrased.
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.
In the previous communication, the Secretary of the Congo Government criticized the Congo Balolo Mission on a topic he clearly misunderstood, claiming that the incident happened after Mr. Casement left Bonginda and that the disrespectful comments were directed at a government official. However, Dr. Guinness clarified to M. de Cuvelier that the incident actually took place while Mr. Casement was there, that it held no real significance, and that the canoe mocked by the locals did not carry a State Agent but an agent of the Lulanga Company. Moreover, the words actually spoken were not those attributed but rather: “The rubber is finished; the people refuse to work rubber.” Yet, despite this explanation, which seems more than adequate, the “Notes” still insist that the incident indicates Mr. Casement's attitude was wrong.
The next subject discussed in the “Notes” is what has come to be known as the Epondo Case.
The next topic covered 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.
This is discussed in detail, and it’s explained that His Majesty’s Consul placed great importance on it. The implication seems to be that since the findings from the local authorities after Mr. Casement left reportedly revealed facts different from what he quickly concluded, the rest of his Report doesn’t deserve serious consideration.
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.
From reviewing the Consul’s Report, it’s clear that the case of this boy Epondo is covered in just one paragraph of thirty-seven lines on p. 56, and it’s briefly mentioned again in a few lines on p. 58, totaling less than one page in a document that’s thirty-nine pages long. Meanwhile, the Appendix, which is nearly twenty-three pages, includes a copy of the notes taken by Mr. Casement in the case at Bosunguma, but that’s less than two pages long.
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.
On the other hand, the Congo Government, in their response, spends about six or seven pages of an eighteen-page document trying to prove that in the case of this one mutilated person, the boy’s hand wasn’t cut off by a guard, but rather bitten off by a wild boar; and in the Appendix to the “Notes,” which includes nineteen pages of fine print, over ten pages are dedicated to excerpts 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.
Thus, of a document totaling thirty-seven pages, nearly half is dedicated to a single incident that, in Mr. Casement’s Report, had prompted about two and a quarter pages of comments and notes out of nearly sixty pages of printed material.
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.
Far from considering this incident to be of major importance, it's clear from the Report itself that it was just one of many cases needing clarification that Mr. Casement encountered during his trip, and he certainly did not give it excessive significance.
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:—
To demonstrate how far he was from making generalizations based on this one incident, it's enough to mention a letter he sent to the Governor-General on September 4th while he was at the Lopori River, 150 miles away from Bosunguma (of which he was unaware at the time), written a few days before he learned about the cases of mutilation on the Lower Lulongo. In that letter, which primarily addressed some illegal activities he had noticed in the Abir territory at Bongandanga, he stated:—
“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’m sure you would feel just as outraged as I do if you had seen the unfortunate events I've witnessed lately.”
“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.”
"I can’t believe that you or the Central Administration of the Congo State Government fully understand or appreciate how illegal the system of arbitrary impositions and severe, unlawful punishments is, which is enforced over such a large area of the country I recently visited."
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:—
Also, after noting some of the abuses inflicted on women and children that he had seen to secure food supplies or force the production of rubber, he remarked, in reference 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.”
“I have to admit with sadness and shock that, instead of going to a trading or commercial establishment, I felt like I was visiting a prison camp.”
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:—
A review of the case will outline the sequential steps that lead to the statement made on p. 7 of the “Notes” (p. 5, supra):—
“L’enquête montre Epondo, enfin acculé, rétractant ses premières affirmations au Consul, et avouant avoir été influencé par les gens de son village.”
“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.
The facts shed light on the motives that inspired, or the pressures that forced, this retraction by the injured boy beyond what the “Notes” provide, and show that a significant part of the investigation took place under circumstances that hardly qualify as an “enquête judiciaire dans les conditions normales en dehors de toute influence étrangère,” as stated on p. 6 of the “Notes” (p. 4, supra).
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.
A significant example of the method used to reach an unbiased conclusion in this case is that an investigation into serious accusations against an agent of the Lulanga Company was partly carried out by agents of that company itself, which was mainly involved. The Substitut du Procureur d’État visited the area as a guest of that company, staying at its locations and traveling on its steamboat alongside its agents. Furthermore, Epondo's "retraction" only occurred after the boy was taken to the headquarters of that company, on the company's steamboat, surrounded not by friends but by the agents of the very company that had a clear interest in getting the charge retracted.
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.
Had Epondo's "retraction," first made at Mampoko, the headquarters of the Lulanga Company, on October 8th (see p. 31, “Notes”) (p. 35, supra), been genuine and completely unaffected by the environment he was in at Bonginda, the best way to prove its sincerity would have been to repeat it in front of Mr. Armstrong at Bonginda, from where the boy had just been taken.
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.
Mr. Armstrong was aware of the case from the beginning. Bonginda is only about 8 miles from Mampoko, and it would have been fair to Mr. Armstrong, as well as much more convincing, if, when the boy changed his statement, he had been taken back to where just the day before (see p. 29, “Notes”) (p. 33, supra) he had repeated the original accusation against Kelengo in front of Mr. Armstrong.
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.
Instead of taking this straightforward path, the boy, after being persuaded to “take back” what he said, was taken to Coquilhatville—about 80 miles away—and a week later, a statement was demanded from Mr. Faris, a missionary, who lived far from where the events happened, had no knowledge of the boy’s background, and had no way to verify his account through questions or any other means.
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.
A retraction by a 15-year-old boy at Mampoko, influenced by factors that were not entirely unfavorable to the accused guard, cannot be seen as satisfactory. It's clear that the authorities in Coquilhatville didn't find it convincing since they asked Mr. Faris to provide outside evidence to back up the decision made by their own investigation 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.
Epondo's "retraction" was made on October 8th at Mampoko, and one statement in it, as mentioned on p. 31 of the "Notes," (p. 35, above) raises questions about much of the rest.
Question (by the Substitut): “Depuis combien do temps cet accident vous est-il arrivé?”
Question (by the Substitut): “How long ago did this accident happen to you?”
Answer (Epondo): “Je ne me rappelle pas: c’est depuis longtemps.”
Answer (Epondo): “I don’t remember: it’s been a long time.”
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.
When Mr. Casement visited Bosunguma on September 7th, the boy’s mutilated stump clearly showed it was not completely healed: blood was still visible in two spots where the skin hadn’t fully formed, and it was wrapped in a cloth.
“The “Notes” (p. 9) (p. 7, supra) allude to the attitude of the missionaries in the following words:—
“The “Notes” (p. 9) (p. 7, supra) refer to the mindset of the missionaries with these 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.”
“Even the fact is important if we want to accurately assess the value of the testimonies regarding Mr. Casement's presence alongside the two English Protestant missionaries in the area, who were interviewing the locals—a presence that must have inevitably influenced the statements.”
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.
If it's okay to reflect on the attitude of the local missionaries towards the Government, it's important to note that the presence of the Company’s agents—who were very invested in the allegations against their employee—alongside Lieutenant Braeckman (who led the preliminary investigation) and the Substitut du Procureur d’État, must have significantly influenced the testimonies of the witnesses who testified at Mampoko. They claimed that the accusations against the Lulanga sentry were purely motivated by the natives’ desire to avoid their rubber dealings with that company.
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 seems there were two inquiries: the first was led by Lieutenant Braeckman, during which the original witnesses against the sentry and others reiterated their claim that it was he who had mutilated Epondo. The second inquiry was conducted by the Substitut and took place about two weeks later; however, none of the original witnesses against Kelengo showed up (see “Ordonnance de Non-Lieu,” p. 8, “Notes”) (p. 6, supra). Instead, several individuals—some of whom worked for the Lulanga Company—gave statements that were contradictory in many ways but largely agreed that a wild boar, which none of them had actually seen, at an unspecified time, in an unknown location, had bitten off the hand of this 14 or 15-year-old boy, who, according to the first testimony cited (that of Efundu, on September 28th, at Coquilhatville, p. 24, Annexe III) (p. 29, supra), had tried to grab the wounded and furious animal 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.
It is clear that the “conclusions posées” resulting from Lieutenant Braeckman's inquiry (see “Ordonnance de Non-Lieu” of the 9th October, p. 8 of “Notes”) must have partly relied on the testimonies of the locals he questioned at Bosunguma, in Mr. Armstrong’s presence, on the 14th of 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.
In this “Ordonnance,” we see that although Lieutenant Braeckman’s “conclusions” are accepted, the evidence that those “conclusions” were partly based on is rejected because the witnesses fled and did not show up for the second inquiry.
If the “conclusions” are accepted, the evidence on which they are founded should be also admissible.
If the “conclusions” are accepted, the evidence they’re based on should also be allowed.
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).
There is, furthermore, a clear contradiction if one looks at the evidence from "Chief Bofoko, of Ikundja," mentioned on p. 30 of Annexe III in the "Notes" (p. 34, above).
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.
This witness appeared before the Deputy at Mampoko on October 8th, and during his questioning, he stated that he was one of the people who initially testified against Kelengo in front of 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?”
Question (by Substitut): “Why did you tell the English Consul that you saw the severed hand on the ground, blood pouring out, and the villagers running in all 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.”
Answer (Bofoko): “I didn’t talk to the English. I didn’t even see them. When they arrived in Bosunguma, I wasn’t there.”
Substitut: “Vous mentez, parce que le Consul Anglais déclare avoir parlé avec vous.”
Substitut: “You’re lying because the English Consul claims to have spoken with you.”
Answer (Bofoko): “Oui, c’est vrai. J’y étais. J’ai dit comme les autres,” &c.
Answer (Bofoko): “Yes, that’s true. I was there. I said what the others did,” etc.
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—
Despite this record by himself on October 8th of the procès-verbal of the evidence of Bofoko, the Substitute, on the following day, writes his “Ordonnance de Non-Lieu,” in which, 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”).
“Given that all the locals who accused Kelengo, either to the Consul of Her Britannic Majesty or to Lieutenant Braeckman, summoned by us, the Substitute, have fled, and all efforts made to find them have been unsuccessful: this flight obviously discredits their claims”—(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.
Given a discrepancy like this, it may be unnecessary to further examine the quality of the evidence used to undermine 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.
It can be seen that the locals mentioned by the Congo Government agreed in saying that the allegation against the Lulanga Company’s guard was motivated by the locals' desire to get away 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.
If these interactions are just about business, as has been said multiple times (e.g., “Bulletin Officiel,” June 1903), there doesn't seem to be any good reason for the accusation that these locals supposedly made against that Company's guard.
We find it stated that the “liberté du commerce” the men of Bosunguma enjoyed presented itself to them in the following guise:—
We see it mentioned that the “liberty of trade” that the people of Bosunguma enjoyed appeared to them in the following way:—
“Pour ne pas faire de caoutchouc: Kelengo est sentinelle du caoutchouc.” (Efundu, the 28th September, 1903, p. 24.)
“Don’t make rubber: Kelengo is the guardian of rubber.” (Efundu, September 28, 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.)
“Yeah; I heard the locals complaining that they work a lot for nothing; that the chiefs take the payments the whites give for harvesting rubber; and, finally, that they’re starving. They also said that they have asked several times without any result,” &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.”)
“Because they were tired of collecting rubber, which was no longer in their forest. They thought that with the help of the English they could escape from hard labor, etc.... They spoke with the locals, who complained about having to work so much. They said that rubber was no longer in their forest and that they wanted to do less demanding work,” etc. (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.”)
“Because they find rubber work too hard, and thought they could escape it, they went and told them lies to get them to deal with it.” (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.
If, as the Congo “Notes” state on p. 6 (p. 5, supra), these “statements are typical, uniform, and consistent, they leave no doubt about the cause of the accident, confirm that the locals lied to the Consul, and reveal the motive behind their actions”—they clearly leave no doubt that the relationship between the Lulanga Company and the local people was not that of a trading company engaged solely in commercial transactions, but rather of an organization enforcing, with the approval and backing of the Executive, a widespread system for which there is no legal authority.
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.”
Whatever the truth was about the accusation against the guard, the very evidence used to refute it proves that the locals were telling the truth about their miserable situation. It shows that in an area frequently visited by government officials, regularly traversed by government boats, and located near the headquarters of the district's administration, the business operations of a private company relied on "obligation de l’impôt" for their profits.
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:—
The attached table of exports and imports of the Congo State, taken from the “Bulletin Officiel” for April 1903 (No. 4), will be enough to show the broader context of the situation for the local producer:—
Exports from Congo State. | Imports to 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.
The exports of local products (“le négoce des autres produits indigènes”—“Bulletin Officiel,” April 1903, p. 65), have greatly increased. They have more than tripled 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.
During the same time, imports into the Congo State—a small part of which consists of trade goods for buying produce or paying the producers—didn't just stay the same; they actually dropped by 4,000,000 fr. in 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.
These numbers are striking. Their importance grows when you consider that the population in the areas exporting this massive increase in local products has significantly decreased during the same timeframe. Authorities acknowledge this decline. (“Furthermore, it is regrettably true that the decrease in population has been observed”—“Notes,” p. 2) (p. 2, supra). So, we see that a shrinking population,[150] a declining market value of the produced goods, and reduced purchasing power have all occurred alongside a more than threefold increase in production over just six years.
It may be permitted to doubt whether this state of affairs is adequately explained anywhere in the Congo Government “Notes.”
It might be okay to question whether this situation is properly explained anywhere in the Congo Government “Notes.”
It is not met by the statement on p. 14 (p. 9, supra) of this document:—
It is not addressed 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.
“It's about getting the locals, who have always resisted, to develop a work habit.”
“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.
“And if this idea of work can be more easily instilled in the natives through commercial transactions among themselves and individuals, should we necessarily condemn this way of acting?” &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.
On the same page of the “Notes” (14), there's an attempt to compare the taxation system in place in the Congo with that in North and Eastern Rhodesia, concluding that since the latter is acceptable under British Colonial administration, no objections can be made 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.”
It’s important to note that in North and Eastern Rhodesia, or in any other British Colony where direct taxation of the locals is legally implemented, the tax collector is a government official accountable for the amounts collected to a central authority, not a business agent with a personal stake 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.
The local person under the British system knows exactly what he owes, and once he settles that, he is free to pursue work or relaxation wherever he chooses. The Congo taxpayer, on the other hand, faces a constant, recurring obligation to pay every week or every two weeks, making it impossible for him to leave his village except as a runaway, and he becomes tightly bound to these never-ending duties.
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.
Regarding the weapons given to the sentries or “forest guards” working for the trading companies on the Upper Congo, the “Notes” cast doubt on Mr. Casement's estimate of how many guns there are and how they are being used. It references Circulars from the Governor-General of the Congo State, dated from March 12, 1897, to April 30, 1901, as evidence that the executive authority was careful to prevent any potential misuse of the weapons.
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.
But the issue of repeated Circulars, which clearly indicate that the law has been ignored or bypassed, cannot be considered a proper fulfillment of an important 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.
It should also be noted that the Congo Executive was the direct agency responsible for distributing all the arms mentioned in these Circulars to those who have been identified as ignoring 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.
Every gun misused on the Upper Congo, along with its ammunition, was transported to its destination by the Government flotilla, which charged a significant fee for this service. They were stored in Government warehouses en route, for which a “magasinage” fee is applied, and were distributed to the “factories” by Government Agents from Government steamers. These agents, having profited from their involvement, later issued circular instructions to those who they knowingly supplied the weapons to.
“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.)
“Capitas who travel across the country in the Upper Congo on behalf of merchants and who are armed with a gun must also have a weapon permit.” (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.
“Some wanted to interpret it as giving the Directors of these Companies, and even lower-level agents, the right to lead offensive military operations, 'to wage war' against indigenous populations; others, without even bothering to consider what the limits of this police power might be, used the means that this delegation had placed in their hands to commit the most serious abuses."
“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.”
“Advanced weapons that the Companies possess in their various factories or establishments, which, like the weapons of other Companies without police authority, require a Model B permit, cannot in any case leave the establishments for which they were issued. As for the hammer rifles, they can only be taken out of the factories in the hands of the captains and provided that they have a permit according to Model C.”
(Circular of the 20th October, 1900; see p. 78, Mr. Casement’s Report.)
(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.
If the local guards or leaders of these factories roamed the country with unauthorized weapons, and if these "Commercial" Companies waged war on the locals, it was the Congo Government that transported those weapons to their locations and handed them over to those who used them unlawfully.
“Nonobstant les précautions incessantes, le Consul a constaté que plusieurs capitas n’étaient pas porteurs de permis.”
“Despite the constant precautions, the Consul noted that several captains did not have permits.”
(“Notes” of the Congo Government, the 12th March, 1904.)
(“Notes” of the Congo Government, March 12, 1904.)
The law prescribes clearly that no weapon can be issued for individual use save on the authority and personal licence of the Government.
The law clearly states that no weapon can be issued for personal use except with the government's authority and personal permission.
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.
That this law can be effectively enforced was shown in Mr. Casement’s own situation. A Winchester rifle meant for him arrived in the Congo while he was in the interior. It couldn't be sent to him from Boma to Stanley Pool (where he found it when coming down the river) until a license had been issued. This rifle was marked and numbered as required by law, and a tax of 20 fr. was charged.
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.
A law that's correctly mandatory for a foreign official, who couldn't be suspected of misusing the weapon he brought in, should have been applied with at least the same level of strictness to the capitas, as well as the forest guards and sentries from the various Companies, which the Government Circulars mentioned have been known for years to try to dodge 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.
It is clear that the Congo Government is fully aware of the precise number of guns being used by the commercial companies in the Upper Congo because every shipment of rifles and “ballot de fusils” brought into the Congo State has to go through the customs office in Boma or Matadi, and can only be released with proper authorization.
Its subsequent transport to the interior is effected often by direct Government carriage, and always under Government control and supervision.
Its later transportation to the interior is usually done by direct government transport and is 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.
The Government of the Congo State, in wrapping up these preliminary “Notes” on Mr. Casement’s Report, expresses a complaint about how he went about investigating the native statements that were brought to his attention.
This complaint has application to the one case of the boy Epondo, and to that case alone.
This complaint only applies to the case of the boy Epondo, and to that case only.
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.
In no other instance did he try to question, “authoritatively,” any of the many locals whose homes he visited during his journey. In that one case, it could be argued that, although the actions were quite unusual, it was clearly his responsibility not to ignore the plea from the people of Bosunguma.
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.
Whether they were telling the truth or lying in accusing the guard of the act of mutilation, he had no choice but to try to discover the truth if he wanted his involvement with the local authorities to have any impact.
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.
If he had just listened to and reported the accusation from the locals of Bosunguma at Bonginda, the officials in Coquilhatville would have claimed he made a serious accusation against someone based only on what the natives said, without bothering to verify if it was true.
He could not, clearly, leave the mutilated boy in the town, where his assailant was represented as terrorizing the inhabitants.
He obviously couldn't leave the injured boy in the town, where his attacker was terrorizing the residents.
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.
It was his clear responsibility to go to the place and see for himself what truth was in the report he received 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.
Once in Bosunguma, the only way to get anywhere near the truth was to see the accusers and the accused in person and hear what each of them had to say.
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.
He clearly stated that he had no right to intervene or power to help; however, if he was going to report the accusation against the guard and request an investigation, it was essential for him to first determine if there was sufficient reason to approach 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).
With respect to the issue of mutilation, His Majesty’s Government takes note with interest that the Congo Government recognizes that Mr. Casement is not the only one who believes these atrocities are happening (§ 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.
The claim about “forced labor on the roads and restrictions that basically amount to slavery in Fiji” comes from a flawed understanding of the communal system governing land 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.
Individual land ownership doesn't exist, and the members of each commune have to do their part of the necessary work, no matter what it is.
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.
There is also the custom of “lala,” where the local Chiefs can require a certain number of days of work from their commoners to plant their gardens, build their houses, etc.
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.
The Chiefs are responsible for providing food for the workers they employ, and it's simply a contribution to their upkeep, paid by the commoners through labor instead of taxes.
Instances have, no doubt, occurred in which these rights have been abused, but every effort is made to prevent them.
Instances have definitely happened where these rights have been abused, but every effort is made to prevent that from occurring.
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 entire system has been in place for centuries, and when the government took control of the islands, it was considered wise to maintain it. The locals understand it well, and it fits the needs of a primitive and somewhat uncivilized people perfectly.
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:—
The claim about the whipping of locals definitely refers to a case that happened in 1902, and the details are summarized 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.
A native was arrested for two incidents of indecent assault against European women. He was tried according to local customs by the Commissioner and Chiefs of his island, after being given the option to be tried this way or to go to the Supreme Court. He pleaded guilty to one assault, and there was strong evidence against him in the other case. As a result, he was 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.
Although this summary procedure had its benefits for various reasons, the case should have been properly referred to the Supreme Court. The Commissioner was, therefore, heavily criticized for his actions.
AFRICA. No. 7 (1904).
Further Correspondence respecting the Administration
of the Independent State of the Congo.
[In continuation of “Africa No. 1 (1904).”]
AFRICA. No. 7 (1904).
Further Correspondence regarding the Administration
of the Independent State of the Congo.
[In continuation of “Africa No. 1 (1904).”]
Presented to both Houses of Parliament by His
Majesty’s Command. March 1904.
Presented to both Houses of Parliament by His
Majesty’s Command. March 1904.
LONDON:
PRINTED BY HARRISON AND SONS
LONDON:
PRINTED BY HARRISON & 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.
AFRICA. No. 14 (1903).
MESSAGE
TO SOME OF
HIS MAJESTY’S REPRESENTATIVES ABROAD
REGARDING
ALLEGED CASES OF MISTREATMENT OF NATIVES
AND THE PRESENCE OF
TRADE MONOPOLIES IN THE INDEPENDENT
STATE OF THE CONGO.
Presented to both Houses of Parliament by His
Majesty’s Command. October 1903.
Presented to both Houses of Parliament by His
Majesty’s Command. October 1903.
LONDON:
PRINTED FOR HIS MAJESTY’S STATIONERY OFFICE,
BY HARRISON AND SONS, ST. MARTIN’S LANE,
PRINTERS IN ORDINARY TO HIS MAJESTY.
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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.
The Marquess of Lansdowne to His Majesty’s Representatives at Paris, Berlin, Rome, St. Petersburg, Vienna, Madrid, Istanbul, Brussels, Lisbon, The Hague, Copenhagen, and Stockholm.
Sir,
Sir,
Foreign Office, August 8, 1903.
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 attention of His Majesty’s Government has over the past few years been repeatedly drawn to claims of mistreatment of natives and the presence of trade monopolies in the Independent State of the Congo. Such concerns can be found in memorials from charitable organizations, in communications from business groups, in the media, and in reports 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.
The same issues were the topic of a debate in the House of Commons on the 20th of last month, when the House passed the Resolution, a copy of which is enclosed.
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.
During the debate, which is also included in the official record, it was claimed that the government's main focus wasn't really on caring for or governing the natives, but rather on collecting revenue. This goal was pursued through a system of forced labor that was basically the same as slavery, just renamed. The demands placed on each village were enforced with such strictness that they often led to extreme cruelty. Additionally, many of the men in the state's armed forces were recruited from the most aggressive and savage tribes, who frequently intimidated their own officers and abused the natives without any regard for discipline or fear of consequences.
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.
When it comes to the mistreatment of natives, we can differentiate between individual acts of cruelty, whether carried out by state officials or not, and a system of governance that includes and perpetuates 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.
The fact that many individual acts of cruelty have occurred in the Congo State is proven beyond doubt by the cases where white officials have been found guilty of offenses against natives. However, due to the vast size of the territory they oversee, these officials are often isolated from one another, making detection even more challenging. Therefore, it is reasonable to assume that the number of convictions is significantly lower than the actual number of offenses committed.
It is, however, with regard to the system of administration that the most serious allegations are brought against the Independent State.
It is, however, in relation to the system of administration that the most serious allegations are made 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.
It’s reported that no efforts are being made to train locals for industrial jobs; the way people are recruited for work or military service is often not much different from how slaves were once obtained. Now, just as much force is needed to bring locals to their work as it used to be to move captured slaves. It's also said that constant pressure has to be applied to collect the amount of forest products assigned to each village as payment for the labor expected from the residents, and this pressure is often enforced by unaccountable native soldiers who aren’t supervised by any European officers.
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.
His Majesty’s Government doesn’t know exactly how true these accusations might be; however, they have been made so often and have gained so much credibility that they can’t be ignored any longer. Now, the question has come up whether the Congo State can be seen as having met the specific commitments made under the Berlin Act to protect the native tribes and to ensure their moral and material progress.
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.
The more serious accusations against the State mainly concern the upper valleys of the Congo and its tributaries. The lands in these large areas are owned either by the State itself or by Companies that are closely tied to the State. This system, no matter its intention, has effectively kept out independent traders, as opposed to landowners or those living on the land, which has made it hard to gather unbiased accounts.
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 Majesty’s Government has further faced the challenge that British interests haven't warranted keeping a large consular staff in the Congo territories. It's true that in 1901, His Majesty’s Government decided to appoint a Consul with extensive experience in Africa to live permanently in the State, but he has mainly been busy investigating complaints made by British citizens, and he still hasn’t been able to travel into the interior to gain personal insight into the conditions of the vast territory that makes up 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.
His reports on the cases of British citizens, which have served as the basis for communications to the Government of the Independent State, provide examples of serious mismanagement and mistreatment. These cases do not involve the natives of the Congo State and are therefore unrelated to the subject of this message; however, since they took place near Boma, where the central staff is located, and involve British citizens, most of whom had formal agreements, they clearly suggest that the natives, who have no one in the position of a Consul to turn to for help and have no formal agreements, receive even less respect from the government officials.
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.
Furthermore, information that has reached His Majesty’s Government from British officers in areas near the State indicates that, despite the commitments made under Article VI of the Berlin Act, there is no effort to administer the local population. The government officers seemingly ignore such responsibilities and focus all their efforts on collecting revenue. The locals are completely left to their own devices when it comes to governance or their affairs. The Congo stations are avoided, with the only locals seen being soldiers, prisoners, and men brought in to work. The areas around the stations that were once crowded a few years ago are now deserted, and large-scale emigration to neighboring states is occurring, with locals often claiming they are being driven away from their homes by the oppression and demands 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.
The feelings that clearly motivated the founders of the Congo State and the representatives at the Berlin conference deserve the genuine support of the British Government, which has been reluctant to believe that the good intentions behind the establishment of the Congo State—of which it made such a serious commitment in Berlin—have been abandoned or that every effort hasn’t been made to fulfill 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.
But the fact is that there’s a strong sense of suspicion, widely felt among the people of this country, about what’s going on in the Congo State, and there’s a deep belief that the many accusations against the State’s administration must be based on some 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.
In this situation, His Majesty’s Government believes that the countries involved in the Berlin Act should meet to discuss whether the Congo State has met its obligations to the local people; and, if not, whether the Signatory Powers are obligated to make necessary representations to ensure that the provisions of the Act are properly followed.
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.
As mentioned at the start of this message, His Majesty's Government also wants to inform the Powers about the issue that has come up regarding trade rights in the Congo basin.
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.
Article I of the Berlin Act states that all nations will have complete freedom to trade in the Congo basin; and Article V states that no country with sovereign rights in the basin is allowed to grant any kind of monopoly or preferential treatment in trade matters.
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.
In the view of His Majesty’s Government, the current trade system in the Independent State of the Congo doesn't align 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.
Aside from a relatively small area in the lower Congo and the small plots actually used for the huts and farming by the locals, the entire territory is claimed as private property, either by the State or by concession holders. In these areas, only the State or the concession-holder can trade the natural resources from the land. The fruits collected by the locals are considered the property of the State or the concession-holder and cannot be sold to others. Because of this, His Majesty’s Government cannot see that there is complete freedom of trade or a lack of trade monopoly, as required by the Berlin Act. Instead, only the agents of the State or the concession-holder have the chance to trade with the locals; and if someone else manages to reach the locals, they find that the only items the locals can trade for their goods or money are claimed as belonging to the State or the concession-holder from the moment the locals gathered them.
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.
His Majesty's Government does not deny that the State has the authority to divide State lands among legitimate occupants, nor that the locals will lose their right to roam and gather natural resources as the land is divided among these genuine occupiers. However, His Majesty's Government asserts that until unoccupied land is designated for individual ownership, and as long as the produce can only be gathered by the local people, they should be free to sell or use that produce however they wish.
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.
In this situation, the government believes that it's time for the countries involved in the Berlin Act to evaluate whether the current trade system in the Independent State aligns with the Act's requirements. Specifically, they need to determine if granting large areas of land is allowed under the Act, especially if these grants effectively create a trade monopoly by preventing anyone other than the concession-holder from trading with the locals in that region. This outcome is likely if the grants go to individuals or companies that can't utilize the land or harvest its resources themselves and must rely on the locals, who are only permitted to engage 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.
His Majesty’s Government welcomes any suggestions that the Governments of the Signatory Powers might want to propose regarding this important issue, which could potentially serve, entirely or in part, as the basis for 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 ask that you read this message to the Minister for Foreign Affairs and leave a copy with him.
I am, &c.
(Signed) LANSDOWNE.
I am, etc.
(Signed) LANSDOWNE.
FOOTNOTES:
FOOTNOTES:
[1] See Africa No. 14 (1903).
[4] See Annex No. 1.
[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.
__A_TAG_PLACEHOLDER_0__ See p. 60.
[13] See p. 60.
__A_TAG_PLACEHOLDER_0__ See page 60.
[14] See p. 64.
__A_TAG_PLACEHOLDER_0__ See p. 64.
[15] See p. 70.
[16] See p. 76.
__A_TAG_PLACEHOLDER_0__ See p. 76.
[17] See p.
__A_TAG_PLACEHOLDER_0__ See page.
[18] See p. 78.
__A_TAG_PLACEHOLDER_0__ See p. 78.
[19] See p. 80.
__A_TAG_PLACEHOLDER_0__ See p. 80.
[20] See p. 81.
__A_TAG_PLACEHOLDER_0__ See p. 81.
[22] Brass rods.
Brass rods.
[24] The 62 convictions mentioned occurred between July 1894 and March 1898, not February 1896, as stated in the quotation from an “English publicist.”
[24] The 62 convictions referenced happened between July 1894 and March 1898, not February 1896, as mentioned in the quote from an “English publicist.”
[26] Rapport, p. 21.
[27] Idem, p. 26.
__A_TAG_PLACEHOLDER_0__ Same, p. 26.
[30] Idem, p. 243.
[32] Rapport, p. 29.
[33] Voir Annexe 3.
__A_TAG_PLACEHOLDER_0__ See Appendix 3.
[34] Rapport, p. 58.
__A_TAG_PLACEHOLDER_0__ Rapport, p. 58.
[35] Idem, p. 58.
[36] Idem, p. 56.
__A_TAG_PLACEHOLDER_0__ Same, p. 56.
[37] Voir Annexe No. 2.
__A_TAG_PLACEHOLDER_0__ See Appendix No. 2.
[38] “Regions Beyond,” 1900, p. 198.
[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).
[40] See Appendix No. 2: “Present, Rev. W. D. Armstrong and Rev. D. J. Danielson from the Congo Balolo Mission, Vinda Bidiloa (Consul’s Headman) and Bateko as interpreters, and His Britannic Majesty’s Consul.” This passage is omitted in Appendix 6 of the Consul's Report (p. 78).
[41] Rapport, p. 34.
__A_TAG_PLACEHOLDER_0__ Rapport, p. 34.
[42] Idem, pp. 76, 77.
[44] Rapport, pp. 54, 55.
[45] Idem, p. 56.
__A_TAG_PLACEHOLDER_0__ Same, p. 56.
[46] Idem, p. 56.
__A_TAG_PLACEHOLDER_0__ Same, p. 56.
[47] Idem, p. 62.
__A_TAG_PLACEHOLDER_0__ Same, p. 62.
[48] Idem, p. 57.
[50] “La Tribuna” de Rome.
__A_TAG_PLACEHOLDER_0__ "La Tribuna" in Rome.
[51] Rapport, Annexe 4, p. 77.
[52] Rapport, Annexe 4, p. 30.
[53] Rapport, p. 30.
__A_TAG_PLACEHOLDER_0__ Rapport, p. 30.
[56] Rapport, p. 34.
[58] Idem, passim.
__A_TAG_PLACEHOLDER_0__ Same, passim.
[59] Idem, 1900, p. 150.
[60] Idem, 1901, p. 27.
__A_TAG_PLACEHOLDER_0__ Same source, 1901, p. 27.
[61] Idem, 1900, p. 199.
[64] Idem, 1901, p. 40.
__A_TAG_PLACEHOLDER_0__ Same, 1901, p. 40.
[65] Idem, 1900, p. 196.
[66] “Regions Beyond,” 1901, p. 43.
[67] Idem, 1901, p. 60.
__A_TAG_PLACEHOLDER_0__ Same source, 1901, p. 60.
[68] Rapport, p. 28.
[73] Idem, p. 410.
__A_TAG_PLACEHOLDER_0__ Same, p. 410.
[74] Idem, p. 410.
__A_TAG_PLACEHOLDER_0__ Same, p. 410.
[75] Idem, pp. 145, 146.
[76] Rapport, p. 44.
__A_TAG_PLACEHOLDER_0__ Rapport, p. 44.
[77] Annexe 3, p. 26.
[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).
[82] The Circular from September 7, 1903, addresses the “ban” on sending armed soldiers led by Black officers, and not, as the incorrect copy provided by the Consul states, “the instruction” (Annex 7 of the Report, p. 80).
[83] Report, p. 21.
[84] Idem, p. 26.
__A_TAG_PLACEHOLDER_0__ Same, p. 26.
[87] Idem, p. 243.
[89] Report, p. 29.
[91] See Annex No. 3.
See Annex No. 3.
[92] Report, p. 58.
[93] Idem, p. 58.
[94] Idem, p. 56.
__A_TAG_PLACEHOLDER_0__ Same source, p. 56.
[96] “Regions Beyond,” 1900, p. 198.
__A_TAG_PLACEHOLDER_0__ “Regions Beyond,” 1900, p. 198.
[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).
[98] See Annex No. 2. “Present: Rev. W. D. Armstrong and Rev. D. J. Danielson from the Congo Balolo Mission in Bonginda, Vinda Bidilou (the consul’s chief aide) and Bateko as interpreters, along with His Britannic Majesty’s Consul.” This section is missing in Annex No. 6 of the Consul’s Report (p. 78).
[99] Report, p. 34.
[102] Report, pp. 54, 55.
[103] Idem, p. 56.
__A_TAG_PLACEHOLDER_0__ Same, p. 56.
[104] Idem, p. 56.
__A_TAG_PLACEHOLDER_0__ Same, p. 56.
[105] Idem, p. 62.
[106] Idem, p. 57.
__A_TAG_PLACEHOLDER_0__ Same source, p. 57.
[108] The “Tribuna” of Rome.
The "Tribuna" of Rome.
[110] Idem, p. 30.
[111] Idem, p. 30.
__A_TAG_PLACEHOLDER_0__ Same source, p. 30.
[114] Report, p. 34.
[116] Idem, passim.
__A_TAG_PLACEHOLDER_0__ Same, passim.
[117] Idem, 1900, p. 150.
[118] Idem, 1901, p. 27.
__A_TAG_PLACEHOLDER_0__ Same, 1901, p. 27.
[119] Idem, 1900, p. 199.
[122] Idem, 1901, p. 40.
[123] Idem, 1900, p. 196.
[124] Idem, 1901, p. 43.
[125] Idem, 1901, p. 60.
[126] Report, p. 28.
[131] Idem, p. 410.
__A_TAG_PLACEHOLDER_0__ Same source, p. 410.
[132] Idem, p. 410.
__A_TAG_PLACEHOLDER_0__ Same source, p. 410.
[134] Report, p. 44.
[135] Annex III, p. 26.
__A_TAG_PLACEHOLDER_0__ Annex III, p. 26.
[137] Report, p. 57.
[138] Idem, p. 42.
__A_TAG_PLACEHOLDER_0__ Same, 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).
[140] The Circular dated September 7, 1903, refers to the “prohibition” against sending armed soldiers under the command of black non-commissioned officers, and not, as suggested by the inaccurate copy provided by the Consul, to the “instruction.” (Annex VII of the Report, p. 80).
[144] Numéro d’ordre du procès-verbal.
__A_TAG_PLACEHOLDER_0__ Meeting minutes order number.
[145] Nom du Chef reconnu.
__A_TAG_PLACEHOLDER_0__ Chef's recognized name.
[149] Article 9 du Décret du 10 Mars, 1892 (“Bulletin Officiel” de 1892, p. 14):—
[149] Article 9 of the Decree of March 10, 1892 (“Official Bulletin” of 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.
“Anyone who commits or allows subordinates to commit violations of this Decree, as well as the enforcement Orders and Regulations, will be punished with a fine of 100 to 1,000 francs and penal servitude not exceeding one year, or one of these penalties only. The penalty of penal servitude will always be enforced, and it may be increased to five years if the offender engages in the trafficking of firearms or their ammunition in regions affected by the Slave Trade.”
“Dans les cas prévus ci-dessus, les armes, la poudre, les balles, et cartouches sont confisquées.”
“Dans les cas prévus ci-dessus, les armes, la poudre, les balles, et cartouches sont confisquées.”
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