PRELIMINARY DECLARATION.
We, the undersigned chiefs of Nzungi, agree to recognize the sovereignty of the African International Association, and in sign thereof, adopt its flag (blue, with a golden star). We declare we shall keep the road open and free of all tax and impost on all strangers arriving with the recommendation of the agents of the above Association.
All troubles between ourselves and neighbors, or with strangers of any nationality, we shall refer to the arbitration of the above Association.
We declare that we have not made any written or oral agreement with any person previous to this that would render this agreement null and void.
We declare that from henceforth we and our successors shall abide by the decision of the representatives of the Association in all matters affecting our welfare or our possessions, and that we shall not enter into any agreement with any person without referring all matters to the chief of Manyanga, or the chief of Léopoldville, or act in any manner contrary to the tenor or spirit of this agreement.
Witnesses:
Dualla(his x mark), of Chami, Pard.
Mwamba(his x mark), of Makitu’s.
Keekuru(his x mark), Chief of Nzungi.
Nseka(his x mark), Chief of Banza Mbuba.
Nzako(his x mark), of Banza Mbuba.
Insila Mpaka, (his x mark), of Banza Mbuba.
Isiaki(his x mark), Chief of Banza Mbuba.
FORMS OF A TREATY.
Henry M. Stanley, commanding the Expedition on the Upper Congo, acting in the name and on behalf of the “African InternationalAssociation,” and the king and chiefs Ngombi and Mafela, having met together in conference at South Manyanga, have, after deliberation, concluded the following treaty, viz:—
ArticleI.—The chiefs of Ngombi and Mafela recognize that it is highly desirable that the “African International Association” should, for the advancement of civilization and trade, be firmly established in their country. They therefore now, freely of their own accord, for themselves and their heirs and successors forever, do give up to the said Association the sovereignty and all sovereign and governing rights to all their territories. They also promise to assist the said Association in its work of governing and civilizing this country, and to use their influence with all the other inhabitants, with whose unanimous approval they make this treaty, to secure obedience to all laws made by said Association, and assist by labor or otherwise, any works, improvements, or expeditions, which the said Association shall cause at any time to be carried out in any part of the territories.
Art. II.—The chief of Ngombi and Mafela promise at all times to join their forces with those of the said Association, to resist the forcible intrusion or repulse the attacks of foreigners of any nationality or color.
Art. III.—The country thus ceded has about the following boundaries, viz: The whole of the Ngombi and Mafela countries, and any other tributary to them; and the chiefs of Ngombi and Mafela solemnly affirm that all this country belongs absolutely to them; that they can freely dispose of it; and that they neither have already, nor will on any future occasion, make any treaties, grants or sales of any parts of these territories to strangers, without the permission of the said Association. All roads and waterways running through this country, the right of collecting tolls on the same, and all game, fishing, mining, and forest rights, are to be the absolute property of the said Association, together with any unoccupied lands as may at any time hereafter be chosen.
Art. IV.—The “African International Association” agrees to pay to the chiefs of Ngombi and Mafela the following articles of merchandise, viz: One piece of cloth per month, to each of the undersigned chiefs, besides presents of cloth in hand; and the saidchiefs hereby acknowledge to accept this bounty and monthly subsidy in full settlement of all their claims on the said Association.
Art. V.—The “African International Association” promises:—
1. To take from the natives of this ceded country no occupied or cultivated lands, except by mutual agreement.
2. To promote to its utmost the prosperity of the said country.
3. To protect its inhabitants from all oppression or foreign intrusion.
4. It authorizes the chiefs to hoist its flag; to settle all local disputes or palavers; and to maintain its authority with the natives.
Agreed to, signed and witnessed, this 1st day of April, 1884.
Henry M. Stanley,
Witnesses to the signatures:
E. Spencer Burns.
D. Lehrman.
Dualla.
Sonki(his x mark), Senior Chief of Ngombi.
Mamynpa(his x mark), Senior Chief of Mafela.
JOINT AGREEMENT AND TREATY.
We, the undersigned chiefs of the districts placed opposite our names below, do hereby solemnly bind ourselves, our heirs and successors for the purpose of mutual support and protection, to observe the following articles:—
ArticleI.—We agree to unite and combine together, under the name and title of the “New Confederacy,”—that is, our respective districts, their homes and villages shall be embraced by one united territory, to be henceforth known as theNew Confederacy.
Art. II.—We declare that our objects are to unite our forces and our means for the common defence of all the districts comprised within said territory; to place our forces and our means under such organization as we shall deem to be best for the common good of the people and the welfare of the Confederacy.
Art. III.—The New Confederacy may be extended by the admission of all such districts adjoining those mentioned before, when their chiefs have made application, and expressed their consent to the articles herein mentioned.
Art. IV.—We, the people of the New Confederacy, adopt the blue flag with the golden star in the centre for our banner.
Art. V.—The confederated districts guarantee that the treaties made between them shall be respected.
Art. VI.—The public force of the Confederacy shall be organized at the rate of one man out of every two men able to bear arms; of native or foreign volunteers.
Art. VII—The organization, the armament, equipment, subsistence of this force, shall be confided to the chief agent in Africa of the “Association of the Upper Congo.”
To the above articles, which are the result of various conventions held between district and district, and by which we have been enabled to understand the common wish, we, sovereign chiefs and others of the Congo district hereby append our names, pledging ourselves to adhere to each and every article.
[Names of Signers.]
The Berlin Conference.
The Berlin Conference which settled the contributions of the Congo Free State, and secured for it the recognition of the principal civilized nations of the world, commenced its sitting at half past two o’clock, on the 26th of February, 1885, under the Presidency of His Highness, Prince Bismarck. The Prince opened the closing session Conference by saying:—
“Our Conference, after long and laborious deliberations, has reached the end of its work, and I am glad to say that, thanks to your efforts and to that spirit of conciliation which had presided over our proceedings, a complete accord has been come to on every point of the programme submitted to us.
“The resolutions which we are about to sanction formally, secure to the trade of all nations free access to the interior of the African Continent. The guarantees by which the freedom of trade will be assured in the Congo basin, and the whole of the arrangements embodied in the rules for the navigation of the Congo and the Niger, are of such a nature as to afford the commerce and industryof all nations the most favorable conditions for their development and security.
“In another series of regulations you have shown your solicitude for the moral and material welfare of the native population, and we may hope that those principles, adopted in a spirit of wise moderation, will bear fruit, and help familiarize those populations with the benefit of civilization.
“The particular conditions under which are placed the vast regions you have just opened up to commercial enterprise, have seemed to require special guarantee for the preservation of peace and public order. In fact, the scourge of war would become particularly disastrous if the natives were led to take sides in the disputes between civilized Powers. Justly apprehensive of the dangers that such event might have for the interest of commerce and civilization, you have sought for the means of withdrawing a great part of the African Continent from the vicissitudes of general politics, in confining therein the rivalry of nations to peaceful emulation in trade and industry.
“In the same manner you have endeavored to avoid all misunderstanding and dispute to which fresh annexations on the African coast might give rise. The declaration of the formalities required before such annexation can be considered effective, introduces a new rule, into public law, which in its turn will remove many a cause of dissent and conflict from our international relations.
“The spirit of mutual good understanding which has distinguished your deliberations has also presided over the negotiations that have been carried on outside the Conference, with a view to arrange the difficult question of delimitation between the parties exercising sovereign rights in the Congo basin, and which, by their position, are destined to be the chief guardians of the work we are about to sanction.
“I cannot touch on this subject without bearing testimony to the noble efforts of His Majesty, the King of the Belgians, the founder of a work which now has gained the recognition of almost all the Powers, and which, as it grows, will render valuable service to the cause of humanity.
“Gentlemen, I am requested by His Majesty, the Emperor and King, my august Master, to convey to you his warmest thanks for the part each of you has taken in the felicitous accomplishment of the work of the Conference.
“I fulfil a final duty in gratefully acknowledging what the Conference owes to those of its members who undertook the hard work of the Commission, notably to the Baron de Courcel and to Baron Lambermont. I have also to thank the delegates for the valuable assistance they have rendered us, and I include in this expression of thanks the secretaries of the Conference, who have facilitated our deliberations by the accuracy of their work.
“Like the other labors of man, the work of this Conference may be improved upon and perfected, but it will, I hope, mark an advance in the development of international relations and form a new bond of union between the nations of the civilized world.”
General Act of the Conference Respectingthe Congo Free State.
CHAPTER I.
DECLARATION RELATIVE TO THE FREEDOM OF COMMERCE IN THE BASIN OF THE CONGO, ITS MOUTHS AND CIRCUMJACENT DISTRICTS, WITH CERTAIN ARRANGEMENTS CONNECTED THEREWITH.
DECLARATION RELATIVE TO THE FREEDOM OF COMMERCE IN THE BASIN OF THE CONGO, ITS MOUTHS AND CIRCUMJACENT DISTRICTS, WITH CERTAIN ARRANGEMENTS CONNECTED THEREWITH.
ArticleI.—The trade of all nations shall be entirely free:
1. In all territories constituting the basin of the Congo and its affluents. The basin is bounded by the crests of adjoining basins—that is to say, the basins of the Niari, of the Ogowé, of the Shari, and of the Nile towards the north; by the line of the eastern ridge of the affluents of Lake Tanganyika towards the east; by the crests of the basin of the Zambesi and the Logé towards the south. It consequently embraces all the territories drained by the Congo and its affluents, comprising therein Lake Tanganyika and its eastern tributaries.
2. In the maritime zone extending along the Atlantic Ocean from the parallel of 2° 30′ south latitude to the mouth of the Logé. The northern limit will follow the parallel of 2° 30′ from the coast until it reaches the geographical basin of the Congo, avoiding the basin of the Ogowe, to which the stipulations of the present Act do not apply.
The southern limit will follow the course of the Logé up to the source of that river, and thence strike eastwards to its junction with the geographical basin of the Congo.
3. In the zone extending eastwards from the basin of the Congo as limited above herein, to the Indian Ocean, from the fifth degree of north latitude to the mouth of the Zambesi on the south; from this point the line of demarcation will follow the Zambesi up stream to a point five miles beyond its junction with the Shire, and continue by the line of the ridge dividing the waters which flow towards Lake Nyassa from the tributary waters of the Zambesi, until it joins the line of the water-parting between the Zambesi and the Congo. It is expressly understood that in extending to this eastern zone the principle of commercial freedom, the Powers represented at the Conference bind only themselves, and that the principle will apply to territories actually belonging to some independent and sovereign state only so far as that state consents to it. The Powers agree to employ their good officers among the established Governments on the African coast of the Indian Ocean, to obtain such consent, and in any case to ensure the most favorable conditions to all nations.
ArticleII.
All flags, without distinction of nationality, shall have free access to all the coast of the territories above enumerated; to the rivers which therein flow to the sea; to all the waters of the Congo and its affluents, including the lakes; to all the canals that in the future may be cut with the object of uniting the water-courses or the lakes comprised in the whole extent of the territories described in Article I. They can undertake all kinds of transport, and engage in maritime and fluvial coasting, as well as river navigation, on the same footing as the natives.
ArticleIII.
Goods from every source imported into these territories, under any flag whatever, either by way of the sea, the rivers, or the land, shall pay no taxes except such as are equitable compensation for the necessary expenses of the trade, and which can meet with equal support from the natives and from foreigners of every nationality.
All differential treatment is forbidden both with regard to ships and goods.
ArticleIV.
Goods imported into these territories will remain free of all charges for entry and transit.
The Powers reserve to themselves, until the end of a period of twenty years, the right of deciding if freedom of entry shall be maintained or not.
ArticleV.
Every Power which exercises, or will exercise, sovereign rights in the territories above mentioned, cannot therein concede any monopoly or privilege of any sort in commercial matters.
Foreigners shall therein indiscriminately enjoy the same treatment and rights as the natives in the protection of their persons and goods, in the acquisition and transmission of their property, movable and immovable, and in the exercise of their professions.
ArticleVI.
PROVISIONS RELATIVE TO THE PROTECTION OF THE NATIVES, TO MISSIONARIES AND TRAVELERS, AND TO RELIGIOUS LIBERTY.
All the Powers exercising sovereign rights, or having influence in the said territories, undertake to watch over the preservation of the native races, and the amelioration of the moral and material conditions of their existence, and to co-operate in the suppression of slavery, and, above all, of the slave trade; they will protect and encourage, without distinction of nationality or creed, all institutions and enterprises, religious, scientific, or charitable, established and organized for these objects, or tending to educate the natives and lead them to understand and appreciate the advantages of civilization.
Christian missionaries, men of science, explorers and their escorts and collections, to be equally the object of special protection.
Liberty of conscience and religious tolerations are expressly guaranteed to the natives as well as to the inhabitants and foreigners. The free public exercise of every creed, the right to erect religious buildings and to organize missions belonging to every creed, shall be subjected to no restriction or impediment whatever.
ArticleVII.
POSTAL ARRANGEMENTS.
The Convention of the Postal Union, revised at Paris, on June 1, 1878, shall apply to the said basin of the Congo.
The Powers which there exercise, or will exercise, rights of sovereignty or protectorate, undertake, as soon as circumstances permit, to introduce the necessary measures to give effect to the above resolutions.
ArticleVIII.
RIGHT OF SURVEILLANCE CONFERRED ON THE INTERNATIONAL COMMISSION FOR THE NAVIGATION OF THE CONGO.
In all parts of the territory embraced in the present Declaration, where no Power shall exercise the rights of sovereignty or protectorate, the International Commission for the navigation of the Congo, constituted in accordance with Article XVII, shall be intrusted with the surveillance of the application of the principles declared and established in this Declaration.
In all cases of difficulties arising, relative to the application of the principles established by the present Declaration, the Governments interested shall agree to appeal to the good offices of the International Commission, leaving to it the examination of the facts which have given rise to the difficulties.
CHAPTER II.
DECLARATION CONCERNING THE SLAVE TRADE.
ArticleIX.
In conformity with the principles of the right of natives as recognized by the signatory Powers, the slave trade being forbidden, andoperations, which on land or sea supply slaves for the trade, being equally held to be forbidden, the Powers, which exercise or will exercise rights of sovereignty or influence in the territories forming the basin of the Congo, declare that these territories shall serve neither for the place of sale, nor the way of transit for traffic in slaves of any race whatsoever. Each of the Powers undertakes to employ every means that it can to put an end to the trade and to punish those who engage in it.
CHAPTER III.
DECLARATION RELATING TO THE NEUTRALITY OF THE TERRITORIES COMPRISED IN THE SAID BASIN OF THE CONGO.
ArticleX.
In order to give a new guarantee of security for commerce and industry, and to encourage by the maintenance of peace the development of civilization in the countries mentioned in Article I, or placed under the system of free trade, the High Parties signatory to the present Act, and those who will accept the same, hereby undertake to respect the neutrality of the territories or parts of the territories dependent on the said countries, comprising therein the territorial waters, for so long as the Powers, which exercise, or will exercise, the rights of sovereignty or protectorate over the territories, avail themselves of the right to proclaim them neutral, and fulfill the duties that neutrality implies.
ArticleXI.
In cases where a Power exercising the rights of sovereignty or protectorate in the countries as mentioned in Article I, and placed under the system of free trade, shall be involved in war, the High Parties signatory to the present Act, and those who will accept the same, hereby engage to use their good officers so that the territories belonging to that Power, and comprised within the said boundaries where free trade exists, shall, by the mutual consent of that Power and of the other, or others, of the belligerent parties, be held to be neutral, for so long as the war lasts, and considered as belonging to a non-belligerent state, the belligerent parties willthen abstain from extending hostilities into such neutralized territories as well as from using them as a base for operations of war.
ArticleXII.
In the event of a serious disagreement originating on the subject, or arising within the limits of the territories mentioned in Article I and placed under the system of freedom of trade, between Powers signatory to the present Act, or Powers accepting the same, these Powers undertake, before appealing to arms, to have recourse to the mediation of one or several of the friendly Powers.
Under the said circumstances the said Powers reserve to themselves the option of proceeding to arbitration.
CHAPTER IV.
ACT OF THE NAVIGATION OF THE CONGO.
ArticleXIII.
The navigation of the Congo, without any exception of any branches or issues of the river, is to remain entirely free for merchant shipping of all nations in cargo or ballast, for the carriage of cargo or the carriage of passengers. It shall be in accordance with the provisions of the present Act of navigation, or of the regulations established in execution of the said Act.
In the exercise of that navigation, the subjects and flags of all nations, shall, under all circumstances, be treated on a footing of absolute equality, as well as regards the direct navigation from the open sea towards the interior parts of the Congo, andvice versa, as for grand and petty coasting, and boat and river work all along the river.
Consequently, throughout the Congo’s course and mouth, no distinction shall be made between the subjects of the river-side States, and those not bordering on the river, and no exclusive privilege of navigation shall be granted either to societies, corporations or individuals.
These provisions are recognized by the signatory Powers, as henceforth forming part of public international law.
ArticleXIV.
The navigation of the Congo shall not be subjected to any restraints or imposts which are not expressly stipulated for in the present Act. It shall not be burdened with any duties for harborage stoppages, depots, breaking bulk, or putting in through stress of weather.
Throughout the length of the Congo, ships and merchandise passing along the stream shall be subject to no transit dues, no matter what may be their origin or destination.
There shall not be established any tolls, marine or river, based on the fact of navigation alone, nor shall any duty be imposed on the merchandise on board the vessels. Such taxes and duties only shall be levied, as are of the character of remuneration for services rendered, to the said navigation. That is to say:—
(1) Taxes of the port for the actual use of certain local establishments, such as wharves, warehouses etc. The tariff of such taxes to be calculated on the expenses of construction and support of the said local establishments, and in its application to be independent of the origin of the vessels and their cargo.
(2) Pilotage dues on sections of the river, or where it appears necessary to establish stations of certificated pilots.
The tariff of these dues to be fixed and proportionate to the services rendered.
(3) Dues in respect of the technical and administrative expenses, imposed in the general interest of the navigation, and comprising light-houses, beacon, and buoyage dues.
Dues of the last description to be based on the tonnage of the ships, according to the papers on board, and to be conformable to the regulations in force on the Lower Danube.
The tariffs of the taxes and dues mentioned in the three preceding paragraphs are not to admit of any differential treatment, and are to be officially published in each port.
The Powers reserve to themselves the right, at the end of five years, by mutual agreement, to inquire into the above-mentioned tariffs in case they require revision.
ArticleXV.
The affluents of the Congo shall, under all circumstances, be subject to the same regulations as the river of which they are the tributaries.
The same regulations shall apply to the lakes and canals as to the rivers and streams in the territories defined in Article I, paragraphs 2 and 3.
Nevertheless the Powers of the International Commission of the Congo shall not extend over the said rivers, lakes and canals, unless with the assent of the States under whose sovereignty they are placed. It is also understood that for the territories mentioned in Article I, paragraph 3, the consent of the sovereign States on whom these territories are dependent remains reserved.
ArticleXVI.
The roads, railways, or lateral canals, which shall be established for the special object of supplementing the innavigability or imperfections of the water-way in certain sections of the Congo, of its affluents and other water-courses held to be like unto them by Article XV, shall be considered in their capacity as means of communication as dependencies of the river, and shall be likewise open to the traffic of all nations.
And as on the river, there shall be levied on these roads, railways and canals only tolls calculated on the expenses of construction, maintenance and administration, and on the profits due to the promoters.
In the assessment of these tolls, foreigners and the inhabitants of the respective territories shall be treated on a footing of perfect equality.
ArticleXVII.
An International Commission is instituted and appointed to ensure the execution of the provisions of the present Act of Navigation.
The Powers signatory to this Act, as well as those who afterwards accept it, shall at all times be represented on the said Commission, each by a delegate. No delegate shall have more than one vote, even in the event of his representing several governments.
This delegate shall be paid by his own government direct. The salaries and allowances of the agents and servants of the International Commission shall be charged to the proceeds of the dues levied conformably to Article XIV, paragraphs 2 and 3.
The amounts of said salaries and allowances, as well as the number, position and duties of the agents and servants, shall appear in the account rendered each year to the Governments represented on the International Commission.
ArticleXVIII.
The members of the International Commission, as well as the agents nominated by them, are invested with the privilege of inviolability in the exercise of their functions. The same guarantee shall extend to the offices, premises and archives of the Commission.
ArticleXIX.
The International Commission for the navigation of the Congo, shall be constituted as soon as five of the signatory Powers of the present General Act shall have nominated their delegates. Pending the constitution of the Commission, the nomination of the delegates shall be notified to the Government of the German Empire, by whom the necessary steps will be taken to manage the meeting of the Commission.
The Commission will draw up, without delay, the arrangements for the navigation, river police, pilotage and quarantine.
These regulations, as well as the tariffs, instituted by the Commission, before being put in force, shall be submitted to the approbation of the Powers represented on the Commission. The powers interested, shall declare their opinion therein with the least possible delay.
Offences against these regulations shall be dealt with by the agents of the International Commission, where it exercises its authority direct, and in other places by the river-side Powers.
In case of abuse of power or injustice on the part of an agent or servant of the International Commission, the individual considering himself injured in his person or his rights, shall apply to the consular agent of his nation. He will inquire into his complaint, and ifprima facié, he finds it reasonable, he shall be entitled to report it to the Commission. On his initiative, the Commission, represented by three or fewer of its members, shall join with him in an inquiry touching the conduct of its agent or servant. If the Consularagent considers the decision of the Commission as objectionable in law, he shall report to the Government, who shall refer to the Powers represented on the Commission, and invite them to agree as to the instructions to be given to the Commission.
Article XX.
The International Commission of the Congo, entrusted under the terms of Article XVII, with insuring the execution of the present Act of Navigation, shall specially devote its attention to:—
(1.) The indication of such works as are necessary for insuring the navigability of the Congo, in accordance with the requirements of international trade.
On sections of the river where no Power exercises rights of sovereignty, the international Commission shall itself take the measures necessary for insuring the navigability of the stream.
On sections of the river occupied by a sovereign Power, the International Commission shall arrange with the river-side authority.
(2.) The fixing of the tariff for pilotage, and of the general tariff of navigation dues, provided for in the second and third paragraphs of Article XIV.
The tariffs mentioned in the first paragraph of Article XIV, shall be settled by the territorial authority within the limits provided for in that article.
The collection of these dues shall be under the care of the international or territorial authority, on whose account they have been established.
3. The administration of the revenues accruing from the application of the foregoing paragraph 2.
4. The surveillance of the quarantine establishment instituted in compliance with Article XXIV.
5. The nomination of agents for the general service of the navigation and its own particular servants.
The appointment of sub-inspectors shall belong to the territorial authority over sections occupied by a Power, and to the International Commission over the other sections of the river.
The river-side Power will notify to the International Commission the nomination of its sub-inspectors which it shall have appointed, and this Power shall pay their salaries.
In the exercise of its duties, as defined and limited above, the International Commission shall not be subject to the territorial authority.
Article XXI.
In the execution of its task, the International Commission shall have recourse, in case of need, to the vessels of war belonging to the signatory Powers of this Act, and to those which in the future shall accept it, if not in contravention of the instructions which shall have been given to the commanders of those vessels by their respective governments.
Article XXII.
The vessels of war of the Powers signatory to the present Act which enter the Congo are exempt from the payment of the navigation dues provided for in paragraph 3 of Article XIV; but they shall pay the contingent pilotage dues as well as the harbor dues, unless their intervention has been demanded by the International Commission or its agents under the terms of the preceding Article.
Article XXIII.
With the object of meeting the technical and administrative expenses which it may have to incur, the International Commission, instituted under Article XVII, may in its own name issue loans secured on the revenues assigned to the said Commission.
The resolutions of the Commission regarding the issue of a loan must be carried by a majority of two-thirds of its votes. It is understood that the Governments represented on the Commission shall not, in any case, be considered as assuming any guarantee nor contracting any engagement or joint responsibility with regard to said laws, unless special treaties are concluded amongst them to that effect.
The proceeds of the dues specified in the third paragraph of Article XIV shall be in the first place set aside for the payment of interest and the extinction of said loans, in accordance with the agreements entered into with the lenders.
Article XXIV.
At the mouths of the Congo there shall be founded, either at the initiation of the river-side Powers, or by the intervention of theInternational Commission, a quarantine establishment, which shall exercise control over the vessels entering and departing.
It shall be decided later on by the Powers, if any, and under what conditions, sanitary control shall be exercised over vessels navigating the river.
ArticleXXV.
The provisions of the present Act of Navigation shall remain in force during times of war. Consequently, the navigation of all nations, neutral and belligerent, shall at all times be free for the purposes of trade on the Congo, its branches, its affluents, and its mouths, as well as on the territorial waters fronting the mouths of the river.
The traffic shall likewise remain free, notwithstanding the state of war, on its roads, railways, lakes and canals, as mentioned in Articles XV and XVI.
The only exception to this principle shall be in cases in connection with the transport of articles intended for a belligerent, and held in accordance with the law of nations to be contraband of war.
All the works and establishments instituted in execution of the present Act, particularly the offices of collection and their funds, the same as the staff permanently attached to the service of such establishments, shall be treated as neutral, and shall be respected and protected by the belligerents.
CHAPTER V.
THE ACT OF NAVIGATION OF THE NIGER.
ArticleXXVI.
The navigation of the Niger, without excepting any of the branches or issues, is, and shall continue free for merchant vessels of all nations, in cargo or ballast, conveying goods or conveying passengers. It shall be conducted in accordance with the provisions of the present Act of Navigation, and with the regulations established in execution of the same Act.
In the exercise of that navigation, the subjects and flags of every nation shall be treated, under all circumstances, on a footing of perfectequality, as well in the direct navigation from the open sea to the interior ports of the Niger, andvice versa, as for grand and petty coasting, and in boat and river work throughout its course.
Consequently throughout the length and mouths of the Niger, there shall be no distinction between the subjects of the riverside States, and those of States not bordering on the river, and there shall be conceded no exclusive privilege of navigation to any society, or corporation or individual.
These provisions are recognised by the signatory Powers as henceforth forming part of public international law,
ArticleXXVII.
The navigation of the Niger shall not be subjected to any obstacle nor duty based only on the fact of the navigation.
It shall not be subject to any duties for harborage, stoppages, depots, breaking bulk, or putting into port through stress of weather.
Throughout the length of the Niger, vessels and goods passing along the stream shall not be subject to any transit dues, whatsoever may be their origin or destination.
There shall be established no sea or river toll, based on the sole fact of navigation, nor any duty on the goods which happen to be on board the ships. Only such taxes and dues shall be levied as are of the nature of a payment for services rendered to the said navigation. The tariff of these taxes or dues shall admit of no differential treatment.
ArticleXXVIII.
The affluents of the Niger shall in every respect be subject to the same regulations as the river of which they are the tributaries.
ArticleXXIX.
Roads, railways or lateral canals, which shall be established with the special object of supplementing the innavigability or other imperfections of the waterway, in certain sections of the course of the Niger, its affluents, its branches, and its issues, shall be considered, in their capacity of means of communication, as dependencies of the river and shall be open similarly to the traffic of all nations,
As on the river, there shall be levied on the roads, railways and canals, only such tolls as are calculated on the expenses of construction, maintenance and administration, and on the profits due to the promoters.
In the assessment of these tolls, foreigners and the inhabitants of the respective territories, shall be treated on a footing of perfect equality.
ArticleXXX.
Great Britain undertakes to apply the principles of freedom of navigation annunciated in Articles XXVI., XXVII., XXVIII., XXIX., to so much of the waters of the Niger and its affluent branches and issues as are or shall be under her sovereignty or protectorate.
The regulations she will draw up for the safety and control of the navigation, shall be designed to facilitate, as much as possible, the passage of merchant shipping.
It is understood that nothing in the engagements thus accepted shall be interpreted as hindering or likely to hinder Great Britain from making any regulations whatever as to the navigation which shall not be contrary to the spirit of such engagements.
Great Britain undertakes to protect foreign traders of every nation engaged in commerce in those parts of the course of the Niger, which are or shall be under her sovereignty or protectorate, as if they were her own subjects, provided that such traders conform to the regulations which are or shall be established in accordance with the foregoing.
ArticleXXXI.
France accepts, under the same reservations and identical terms, the obligations set forth in the preceding articles, so far as they apply to the waters of the Niger, its affluents, its branches and its issues, which are or shall be under her sovereignty or protectorate.
ArticleXXXII.
Each of the other Signatory Powers similarly undertake, that they will similarly act in such cases as they exercise or may hereafter exercise, rights of sovereignty or protectorate, in any part of the Niger, its affluent branches or issues.
ArticleXXXIII.
The provisions of the present Act of Navigation shall remain in force during times of war. Consequently, the navigation of all nations, neutral or belligerant, shall at all times be free for the purpose of trade on the Niger, its branches, affluents, mouths and issues, as well as on the territorial waters fronting the mouths and issues of the river.
The traffic shall likewise remain free, notwithstanding the state of war, on its roads, its railways and canals mentioned in Article XXIX.
The only exception to this principle shall be in cases in connection with the transport of articles intended for a belligerent, and held, in accordance with the laws of nations, to be contraband of war.
CHAPTER VI.