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Nr. 10302. into execution. There is no question, nor has there ever been one, of a Staaten. platonic labour; the Slave Trade is to be actually made to disappear. Import 27. Juni 1890. duties are indispensable to cover, at any rate partially, the expenses which will be incurred by the efforts necessary for attaining, without loss of time, the end that you have in view in Africa. || We could never, Gentlemen, sign an Act, unless some provision was made at the same time for this Act not remaining a dead letter, and our instructions only allow of our accepting it if it assures, and in no academic fashion, the suppression of the Slave Trade by giving us the means of attacking it effectually. You know how many lives are daily sacrificed in Africa to the Slave Trade. || Our conscience will not allow us to let such crimes go unpunished, even for a time, for secondary considerations. We are consequently obliged to ask the Conference to have the General Act and the separate Act signed simultaneously, as they originally decided should be done."

The President says: "I have nothing to add in substance to what the Congo Plenipotentiary has just said; but I think I ought to make a few remarks and furnish some explanations with regard to various points dealt with in the declaration which the Netherlands Plenipotentiary read to us on the 25th. || His Excellency first of all declines to acknowledge, that the present Conference has the powers necessary for settling a question connected with a modification of the General Act of Berlin. The Netherlands Minister adds, that, out of respect for the decisions of the Berlin Conference, the proposal to establish import duties in the conventional basin of the Congo must not be called lightly into discussion; in the name of his Government, he expresses the opinion, that, in order to be regularly introduced, this proposal demands the summoning of a special Conference, whose business it would be to deliberate on the advisability of modifying the General Act of Berlin, and he suggested that this Conference should not be summoned for another six months, in order that each Power may have sufficient time to be able to take its decision after careful examination, and with a thorough knowledge of the subject. "Gentlemen, you have already discussed these various questions more than once, and they have formed the subject of explanations and ratifications which are set out in the Acts of the Conference. The invitation addressed to the Powers expressly includes the Berlin Act of the 26th February, 1885. The object therein given for their meeting is to find between them, and in a broad spirit of conciliation, the best means for attaining the essential object of the fresh Conference, that is to say, the suppression of the Slave Trade in Africa; it expressly states, in so many words, that His Majesty's Government think it inexpedient to limit the sphere of action of the Brussels Conference, and that His Majesty wishes to leave to the Representatives of the Powers perfect. liberty to suggest whatever practical measures may appear to them most suited to the circumstances. In face of so explicit a passage it is impossible to admit, that the action of the new Conference should have been confined within

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the limits laid down by the Netherlands Minister. The Conference has con- Nr. 10302. firmed our view by inserting in the General Act various provisions respecting Staaten. alcohols which are evident encroachments on the Treaty of Berlin, encroach- 27.Juni 1890. ments to which the Netherlands Minister declares he is prepared to give his assent by signing the General Act. The scheme for establishing import duties in the conventional basin of the Congo, brought forward on the 10th May, was submitted for examination to all the Powers; who, a few weeks after, with one exception, made known the result of the careful consideration they had given it, and they unanimously recommended its adoption. It would be difficult to explain why they should be obliged to enter on a second examination of a question they have already examined once without considering that they were violating the laws of logic, equity and prudence. || As for the objection, that the scheme made its appearance in some sort unexpectedly, it will doubtless be sufficient to recall the fact that it was rendered necessary by the necessity of providing certain States with the resources which are indispensable for them if they are to defray, even in part, the expenses which will be imposed upon them by the new General Act. It was impossible to form any estimate of what these expenses would be before the various Chapters in which they were set out had been adopted; the scheme had therefore been presented in due course. || The Netherlands Minister expressed his astonishment, that the General Act and the Declaration relative to the import duties should have been declared inseparable. You are well aware, Gentlemen, that the Conference has again and again been called upon to state its intentions as to the connection of the two Acts, and that it bas expressed them in terms which leave no room for doubt. || The Netherlands Minister has, in conclusion, protested, that his Government are most anxious to share in the work which the Conference has accomplished. Here, at any rate, his Excellency is certain to find us in agreement with him. The authors of the proposal no less than Baron Gericke de Herwynen, would be happy to see the name of His Majesty the King of the Netherlands among the Sovereigns and Heads of States who accept the two Acts which contain the results of our labours."

Baron Gericke de Herwynen says, that after having brought the Declaration which he was charged to make to the knowledge of the Conference at the sitting of the 25th June, he again consulted his Government and proposed certain modifications in the statement in question. He is happy to be able to say, that these observations have not been without result, as the Conference will be able to see when they hear a new Declaration which the Netherlands Government wish to have substituted for the former. It is in these terms:- "The Signatory Powers of the General Act of Berlin of 1885, represented at the Brussels Conference, are agreed and have duly authorized their Plenipotentiaries at the latter Conference to make the following declaration:

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I.

"Whereas, on the one hand, ever since 1885, various public Departments Staaten. have been organized in the conventional basin of the Congo which have proved useful to the interests of trade and the well-being of the people; and whereas, on the other, it is necessary to enable such States or possessions as are confined within this basin to procure means for meeting the expenses which the General Act of the Brussels Conference, signed to-day, imposes on them in view of the suppression of the Slave Trade, the Signatory Powers unanimously recognize, that it is necessary, within six months, to summon a Conference which shall consider the advisability of revising the General Act of Berlin. II.

This revision of the General Act of Berlin can only take place on the following conditions:

1. The right of States in the conventional basin of the Congo to levy import duties on the goods imported into their possessions cannot in any case be recognized by all the Signatory Powers until it has been shown by examination that every other means proposed for furnishing, without uselessly hampering trade, the said States with the necessary resources is of no avail.

2. The Signatory Powers feel sure, that every Power in whose favour the General Act of Berlin shall be revised will make a point of simplifying formalities and facilitating the operations of trade as much as possible, and especially will not in any way interfere with freedom of transit.

III.

The separate Act to be concluded on the basis above indicated between all the Signatory Powers of the General Act of Berlin shall be signed within months from the signature of the General Act of the Conference, and shall come into force at the same time as this latter. In witness whereof," &c. Baron Gericke de Herwynen hopes the Conference will see in the presentation of this Declaration a proof of the sincere desire felt by his Government to arrive at an understanding.

Prince Ouroussoff requests, that this Declaration may be distributed to all the Plenipotentiaries, so that they may be able to form their opinions. Baron Gericke de Herwynen expresses his wish for an immediate discussion. M. Bourée thinks he understood that the scheme spoke of a revision of the whole of the General Act of Berlin.

Baron Gericke de Herwynen says that, in his opinion, there can be no question of any Article of the Treaty except No. IV.

The President would like, merely as a matter of information, to be furnished with some explanation as to the sense borne by Article I of the Declaration.

M. Bourée concludes, from what the Netherlands Minister has just read,

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that during the six months which would elapse before the new Conference Nr. 10302 met each Power would make inquiries as to the Free State of the Congo, so Staaten. as to see what was its administrative organization and what were the resources of which it could avail itself. || As a matter of fact, there can be no question of any of the other States which have possessions in the conventional basin of the Congo, since they have asked for nothing, and have besides means at their disposal for carrying out such obligations as may be imposed upon them by the General Act of Brussels. But how would it be possible to justify such interference in the internal affairs of a State whose sovereign independence has been solemnly recognized? The French Minister cannot conceive on what principle such a control could be established. He adds, that the declarations made at the last sittings by the Plenipotentiaries of the Free State of the Congo ought to be held to suffice, and he cannot see how their exactness can be called in question, nor how they can be submitted, as it were, to a higher jurisdiction.

M. van Maldeghem is of opinion, that the Declaration read by Baron Gericke de Herwynen brings no new element into the discussion. The proposal for an inquiry therein suggested was answered beforehand. The Plenipotentiaries of the King-Sovereign have affirmed his right to seek for fresh sources of income by means of taxes independently of import duties. They have repeatedly declared, without contradiction, that His Majesty was in this matter the best, the only judge. The Declaration of the Netherlands Minister only reproduces in a more decided form that which he read at the sitting of the 21st Mai. It does not, therefore, seem possible to accept it.

M. de Martens points out, that there is a difference between the two Declarations. The second recognizes, that a revision of Article IV of the General Act of Berlin is possible and necessary; it even concedes the imposition of import duties if the future Conference should be of opinion, that the Free State has no other resources. The Conference and the Netherlands Government are therefore agreed as to the principle of the revision of Article IV. In the view of the Conference import duties are an immediate necessity, while the Netherlands Government consider them as the last resource, of which the Free State should only make use in the event of all others failing. Baron Gericke de Herwynen says, that his Declaration has been correctly interpreted by the Russian Plenipotentiary. In answer to the French Minister, he would point out, that the principle of the proposed negotiations is already to be found in paragraph 6 of the Declaration which the President submitted to the Conference.

M. Bourée replies, that the paragraph in question only concerned a Regulation.

Baron Gericke de Herwynen says, that, as a matter of fact, that is all his Government want.

M. Banning draws attention to a point in the Dutch Declaration which

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Nr. 10302. appears to him to be obscure. It is suggested, that six months hence a new Staaten. Conference should make a further examination of the question of what re27. Juni 1890. sources, besides those of import duties, the Congo State can dispose of. If no agreement could be come to on this point, would the vote of the majority be enough to revise Article IV of the General Act of Berlin?

Baron Gericke de Herwynen thinks, that such a case could not arise. The majority of the Conference would decide the question.

M. Bourée says, that it is clear that such an inquiry as that described in the Dutch Declaration could not be made by one Power in the dominions of another. No Government would allow such a thing to be done. This being so, it does not seem to the French Minister to have any practical bearing, unless the questions provided for in paragraph 6 of the Declaration presented by the President to the Conference are concerned. But in that case the task the Netherlands Minister wishes the Conference to undertake would not have the scope he desires should belong to it. In any case, in six months' time, as at the present moment, they would still be obliged to depend absolutely on the statements of the Congo State, without having any right to discuss or verify them.

Prince Ouroussoff says, that the programme of the Commission of Technical Delegates was limited to the examination of the Customs system. The Dutch Government suggest, that this programme should be somewhat enlarged, and that such other proposals as the Powers may judge convenient to submit to this new body should be included. || The nature of those proposals is in no way prejudiced, and the Plenipotentiaries of the Free State of the Congo will still be free to declare that they cannot examine them, because they concern the internal affairs of their Government. No obligation to admit the inquiries to which the French Minister is so opposed is implied.

M. Bourée reminds the Conference, that the formula adopted at his instance was intended to cover the two different systems, which were supported by the English Plenipotentiaries on one side and himself on the other. He is convinced, that the negotiations of the Commissioners will result in a compromise between the two systems-in a mixed Customs system with a sort of general Tariff. But the inquiries necessitated by such a Customs system are quite different from those which the Netherlands Government wish to make into the resources of the Congo State and into the expenses which it will have to incur.

Lord Vivian asks if it would not be possible to restrict the inquiry which the Netherlands Government wish to have, in order to avoid its extending to the internal affairs of an independent State, by adding the words: "within the bounds of territorial sovereignty." He adds that, without the signatures of all the Signatory Powers of the Berlin Act, every Act modifying its provisions would be considered by Her Majesty's Government as incomplete.