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principe que nous n'envisagions pas de la même façon et au sujet de laquelle Nr. 10299. chacun se réserverait, plus tard, de soutenir la solution de son choix. C'est 24. Juni 1890. ce que j'ai eu soin de dire très clairement; le Protocle en fera foi et ces explications mêmes ont eu pour effet de rallier à mon amendement l'assentiment unanime de mes collègues. Il n'y a donc eu de notre part rien qui ressemble à une transaction quelconque; tout au contraire, le point de vue que le Département, de concert avec l'Administration des Colonies, m'avait recommandé, a été très fermement maintenu, et quand le moment en sera venu, les Représentants Français seront aussi libres que je l'eusse été moi-même avanthier et que je le serais encore, si Votre Excellence le jugeait bon, de défendre le terrain sur lequel j'ai déclaré d'avance que nous entendions nous placer pour régler l'application du droit nouveau proclamé par la Conférence. || En sens inverse, nous avions intérêt à faire consacrer la rédaction proposée pour le paragraphe 7. Mais ici encore je me suis heurté à des idées qui ne concordaient pas avec les nôtres. Lord Vivian, par exemple, interprétait l'arrangement à intervenir dans ce sens qu'au bout du terme de quinze années, prévu par l'article IV de l'Acte de Berlin, un nouvel accord devrait être conclu entre les Puissances signataires qui ne seraient nullement libres d'établir chez elles tels tarifs qu'elles voudraient. | Ici encore, pour ne pas compromettre la clôture de nos travaux, il devenait désirable de recourir à une formule dilatoire également acceptable pour tous. || Vous connaissez celle que j'ai suggérée et qui a eu la bonne fortune d'un accueil aussi favorable que la précédente. Nous sommes donc maintenant prêts à signer l'Acte général, puisque Votre Excellence a bien voulu donner son approbation au texte que je lui ai fait tenir et qui a été accepté aussi par le Gouvernement Anglais et par le Gouvernement Allemand. Mais, je ne saurais trop le redire, cette solution n'implique de notre part aucun sacrifice quel qu'il soit. Notre résolution définitive sur les points dont il s'agit n'est que suspendue; elle n'est préjugée dans aucun sens, pas plus pour nous que pour personne et la future Commission trouvera intactes pour tous les questions dont le règlement lui sera déféré.

Bourée.

Nr. 10300. KONFERENZ - STAATEN.

Sitzungsprotokoll vom

19. Juni 1890. Verhandlungen über die Waffenausfuhr
nach den englischen Besitzungen in Ostafrika und

Deutsch-Südwestafrika.

Konferenz

Lord Vivian expresses himself as follows:- "At the sitting of the Nr. 10300. Conference of the 29th May his Excellency the French Minister, in answer Staaten. to a question which we asked him, declared, that if Her Majesty's Government 19. Juni 1890. should express to the French Government a desire to see extended to the British possessions on the West Coast of Africa the engagement which the letter had entered into for promoting the necessary measures for preventing

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Nr. 10300. the importation of arms and munitions of war from Madagascar and the Comoro Archipelago to the German possessions on that coast, the Government 19.Juni 1890. of the Republic would agree to defer to that desire. || "We are now instructed by Her Majesty's Government to ask, that the advantages of this engagement may be extended to the British possessions or Protectorates on the East Coast."

M. Bourée replies, that he had not failed to make known to his Government the desire expressed by the English Minister. The instructions which his Excellency has received authorize him to promise, that the guarantees offered to Germany shall be extended in their entirety to England, and that, consequently, the necessary measures will be taken in the ports of Madagascar and the Comoro Islands to prevent any traffic in arms which might prejudice the interests of Great Britain in her possessions on the East Coast of Africa.

Lord Vivian thanks the French Minister for this reply. || His Excellency then makes the following declaration for the purpose of determining the meaning which the Representatives of Great Britain attach to the provisions. of Articles XLIX and L:- || "According to the provisions contained in the second paragraph of Article XLIX of the General Act, each of the Signatory Powers engages to nominate, in the maritime zone, Consular authorities or Special Delegates authorized to search vessels of its own nation which have been arrested on the charge of usurping its flag, fraud, or taking part in the Slave Trade as defined in Article L. || The British Plenipotentiaries declare, that they understand the provisions of Articles XLIX and L to mean that, should the authorities in question be called upon to exercise their functions in a country other than their own, they will, for this object, be allowed by the territorial authority to swear all persons, witnesses and otherwise, whom they may think necessary to hear, and whose oath would be required according to the legal procedure of Great Britain." || Lord Vivian adds, that, according to the provisions of Article L, every vessel arrested ought to be judged by the authority of its own nation and according to the laws of its own country. It was asked whether the laws of every country allow the foreign Consul to take sworn evidence in this case from every person whose testimony might be necessary. The declaration which has just been read is intended to record, that such is the interpretation given to this provision by the British Government. || The English Minister has also been instructed to make a declaration on the subject of Article XCIV, couched in the following terms:- "At the plenary meeting of the Conference of the 24th May his Excellency the Principal German Plenipotentiary declared, that 'the Imperial Government reckon on the good offices of Her Majesty's Government, with a view to induce her South African Colonies to take severe measures for controlling the trade in alcoholic liquors, and their introduction into the zone determined in Article I, and the territories which are in direct contact with

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the zone.' || Having at that time no instructions, we could not make any reply Nr. 10300. to this declaration. || According to the instructions which we have received Staaten. in the meantime from Her Majesty's Government, we must remind the Con-19. Juni1890. ference that, by means of all the measures which Her Majesty's Government have taken in Bechuanaland and Zululand-measures which the South African Compagny, in consequence of the engagements made by the British Government, must also apply in that part of its sphere of operations which touches on the zone-the traffic in spirituous liquors will be severely repressed in those various regions. As to the British South African Colonies which lie at such a distance from the zone, that it is practically impossible to import alcoholic liquors from them into the zone, it would scarcely be admissible to invite them to fetter the exportation of spirituous liquors by land, as this trade is almost exclusively directed towards the two South African Republics in which are several flourishing centres, inhabited by an European population, for whom these spirits are destined. || For these reasons Her Majesty's Government is not in a position to carry out in any other way the declaration made by the German Plenipotentiaries."

M. Göhring says the opinion of the Imperial Government differs from that which the English Minister has just expressed. At the same time he will not begin the discussion over again. The present question is chiefly one of the future, and it will be seen what the future has in store. Nevertheless, if the past is considered, one must come to the conclusion that the danger which has been pointed out is very real. A certain number of years ago an industry engaged in the manufacture of alcoholic liquors, by means of the refuse of grapes, was established in the English possessions in South Africa. These spirits, which were of a very inferior quality, reached the German possessions in Southwest Africa from the interior and played havoc among the natives. They attempted, with a measure of success, to hamper this importation; but great difficulties were met with. In fact, they ought to be able to exercise an effective supervision over the inland frontiers. The Colonial authorities would even have prohibited the sale of spirituous liquors altogether; but such a measure is impossible as long as the inland frontiers remain open. It would be inconsistent to close the country by sea while importation was going on by land. In the opinion of the Imperial Government, the consequences of such an abnormal situation might jeopardize the whole control over alcoholic liquors. These considerations, M. Göhring adds, have prompted the attitude taken by the German Government in regard to the question of alcoholic liquors in Africa; if occasion should arise, it will renew its endeavours with a view to obtaining the good offices of Her Majesty's Government.

Lord Vivian thanks the Second German Plenipotentiary for the courtesy of his reply. At the same time, his Excellency wishes to draw M. Göhring's attention to the fact, that the English South African Colonies lie at a distance of 1,300 kilom. from the zone specified by the General Act, and it has been

Nr. 10300. admitted in the Conference itself that spirituous liquors cannot be profitably

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Staaten. transported more that 300 kilom. by land.

19. Juni 1890.

Nr. 10301. KonferenzStaaten.

25. Juni 1890.

M. Göhring replies, that he did not say that the alcoholic liquors from the English possessions in South Africa are imported into the zone itself, but he maintains that they are introduced into the German possessions which the zone crosses. For the future, in order to reach the alcoholic liquors which reach that zone, Germany would be compelled to establish a Customs cordon. in the middle of her possessions. The Imperial Government do not, however, wish to urge anything more at the present time, but reserve to themselves the right to act as future events may require.

Lord Vivian is convinced, that Her Majesty's Government will examine carefully, and in the most conciliatory way, any communication which the Imperial Government might make to them on the subject.

Nr. 10301. KONFERENZ-STAATEN.

Sitzungsprotokoll vom

25. Juni 1890. Deklaration der Niederlande über die Zollfrage.

The President invites the Netherlands Minister to make known to the meeting the declaration announced by him at the sitting of yesterday.

Baron Gericke de Herwynen, after having thanked his colleagues for the courtesy which they had shown in allowing him to defer until to-day's sitting the declaration he proposed to make, expresses himself in these terms:

"Gentlemen, || You are aware of the position which my Government has thought it right to adopt since the question of the imposition of import duties on the Congo has been raised in the Conference. I have had the honour to explain, that the Government of the King are unable to consider the present Conference as called together to decide a question implying a modification of the General Act of Berlin. I added, that a proposal with this object should have been announced when the Brussels Conference was convoked; that the respect with which the decisions of the Berlin Conference should be regarded does not allow of the present discussion of the proposal unexpectedly introduced by our honourable President on the 10th May last. You are aware, Gentlemen, that my Government has been from the outset, and still are, of opinion that this proposal required, in order to be regularly introduced, the convocation of a Conference specially charged with discussing the advisability of modifying the General Act of Berlin. They therefore proposed to postpone for six months the meeting of this Conference, which would afford every one sufficient time to enable decisions to be taken after careful examination, and with a perfect knowledge of the case. That was, in the view of my Government, a logical, equitable and prudent mode of procedure, and one which, at the same time, would appear acceptable to all, in a question which might give rise, and did, in fact, give rise, on the part of the Netherlands, to ob

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jections which are not without force. It was considered possible, with the Nr. 10301. best intentions I freely admit, to obviate this drawback by separating from Konferenzthe General Act the provisions implying the necessity of modifying the General 25. Juni 1890. Act of Berlin. This proposal might, indeed, have the good effect, which I sincerely approved, of allowing all to join in the humanitarian and civilizing provisions which have during seven months formed the subject of such conscientious and painstaking discussion. It is, i confess, with great astonishment, that I have since learnt that the special provisions dropped from the General Act were to be introduced in a special Act inseparable from the General Act. The difficulties which I had thought removed thus continue to exist under another form. | You could not, moreover, Gentlemen, be mistaken as to the character of the request which I took the liberty of addressing yesterday to our honourable President. The reply which was given me unfortunately tends, if it is upheld, to the rejection of our adhesion to the General Act. I declare myself, Gentlemen, prepared to sign with you all this Act, and I hold here the Royal full powers authorizing me to do so. I may, I think, moreover, openly and formally claim the right to do so, the General Act constituting the only object indicated and provided for when this Conference was convoked. I declare, further, that I should regret more deeply than I can say not to see my august Sovereign mentioned among all the Sovereigns or Heads of Governments who have desired to participate in this grand and eminently civilizing work, brought to a successful termination by our Conference; but I must, in the name of the Government of the King, solemnly and entirely decline before the civilized world and before history all responsibility for the forced abstention of the Netherlands."

The President subsequently proposes to the assembly to adjourn to Friday, the 27th June. The Plenipotentiaries of the United States will probably be in a position on that date to make known the instructions which they are awaiting from their Government.

Nr. 10302. KONFERENZ - STAATEN.

Sitzungsprotokoll vom.

27. Juni 1890. Fortsetzung des Vorigen.

Konferenz

The President calls upon M. van Maldeghem, Plenipotentiary of the Congo Nr. 10302. State, who expresses himself as follows: :- "The Netherlands Plenipotentiary, Staaten. in the sitting of the 25th, read us a declaration by his Government, the 27. Juni 1890. design of which was to postpone to a subsequent Conference the examination of the means required to carry out the measures against the Slave Trade which have been determined on by the Conference. The Plenipotentiary of the Free State must repeat, that they cannot share this view. | Unless the war against the Slave Trade is to remain one on paper merely, the resolutions which have been come to require practical measures for carrying them

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