"tar^r 'xtSSxiip^ -ixri 3tl;aca. Keto ^odt BOUGHT WITH THE INCOME OF THE FISKE ENDOWMENT FUND THE BEQUEST OF WILLARD FISKE LIBRARIAN OF THE UNIVERSITY 1868-1863 1905 Cornell University Library DT 491.G78 Correspondence relating to negotiations 3 1924 028 751 075 ■■'^, Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028751075 I AFRICA. No. 2 (1884). GORRESPONDENCE RELATING TO NEGOTIATIONS BETWEEN TOE GOYERINMENTS OF GREAT BRITAIN AND PORTUGAL. roK COJSTOLIJSION OF THE CONGO TREATY 1882-84. Presented to both Houses of Parliament by Command of Her Majesty. 1884. j-mt ' ^.v ^ \ LONDON: 1^. ; % FEINTED BY HAREISON AND SONS. ^ } To be purchased, either directly or through any Bookseller, from any of the foUowiiig Ageints, viz., Messrs. Hansaed, 13, Great Queen Street, "W.C, and 32, Abingdon Street, Westminster ; Messrs. Etre and Spottiswoode, East Harding, Street, Fleet Street, and Sale Office, House of Lords; Messrs. Adam and Chables Black, of Edinburgh; Messrs. Alexandbe Thom and Co., or Messrs. Hodges, Figgis, and Co., of Dublin, [C— 3S85.] Price Is. 6d. A. 3?i u o L TABLE OF CONTENTS. No. 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -V Name. Senhor de Serpa to Senhor d'Antas Senhor d'Antas to Senhor de Serpa (Telegraphic) Senhor de Serpa to Senhor d'Antas (Telegraphic; To Senhor d'Antas Senhor de Serpa to Senhor d'Antas To Senhor d'Antas Senhor d'Antas . . To Senhor d'Antas Senhor de Serpa to Senhor d'Antas 10 To Senhor d'Antas Senhor de Serpa to Senhor d'Antas To Senhor d'Antas Senhor d'Antas . . To Senhor d'Antas Senhor d'Antas To Senhor d'Antas Senhor d'Antas . , To Mr. Baring To Senhor d'Antas M. du Boeagc to Senhor d'Antas To Senhor d'Antas To Mr, Petre Sept 11. 17, 24, Oct. 17, Nov. 16, Mr. Petre (Telegraphic) • • • • (Telegraphic), Jan. 7, IS 26, Feb. 1, 23, 24, 25, Date. Subject. Nov. 8, 1882 M. de Brazza's explorations north of the Congo prove necessity for settlement of the Portuguese claims between 8° and 6° 12' south latitude. Contains Portuguese arguments in favour of their claim, for submission to Her Majesty's Government 22, In communicating above, may he assure Her Majesty's Government of liberal views of Por- tugal in regard to commercial facilities ? 22, May give above assurances Dec. 15, Her Majesty's Government accept principle of Portuguese claims, and submit bases on which they will nei^otiate a Convention 26, Satisfaction of Portuguese Government at above. 'I'hey accept bases, but oft'er remarks on them . . Jan. 23, 1883 Counter-views of Her Majesty's Government, who accept generally terms of proposed Articles 29, Replies to above. Remarks on Customs Tariff and Slave Trade Articles Mar. 15, Reviews the history of the negotiations, defines objects of Her Majesty's Government, and explains that up to date they are committed to no details 24, Replies to above at length. Adhere to some of the points raised in No. 5. Discusses several Articles, and deals with historic rights. Asks for a draft of Articles June 1, Sends a draft of Articles, with some explanatory remarks 26, Remarks on draft in preceding. Surprise at difference between it and terms agreed to in No. 6. Suggest alterations in our draft July 17, Acknowledges above. To what point of the Shire does Portuguese jurisdiction extend ?. . 25, Replies to above, claiming all the Shire. . Aug. 21, Her Majesty's Government are prepared to make concessions, but adhere to principles laid down in No. 6. Deals specially with points referred to in Nos. 12 and 13 28, Acknowledges above, and gives his own views on points relating to coasting trade, churches, transit dues, the Shire, and the Slave Trade Portuguese Government confirm the views ex- pressed by him in the preceding Receipt of above. Pending final reply, criticizes views as to transit dues and Shire Acknowledges above. Explains remarks as to Shire. Anticipates early settlement of nego- tiations , . Views of his Government on the Article relatinV to transit dues, referred to in No. 17 . . .° Reports a conversation with M. d'Antas on pro- bable points which would rouse opposition in Portugal Sends a revised draft of Treaty. Explains the concessions made by Her Majesty's Government and their opposition to other poiats, and hopes the Treaty will be accepted. . Portuguese Government accept our draft with slight verbal alterations . . . . ' The Treaty will be prepared for signature with such of the suggested alterations as can be accepted by Her Majesty's Government Sends draft „f; the Treaty. Want assurances that the station of the Belgian Association opposite iNoklvi shall be outside Portuguese jurisdiction.. Portuguese Government will give above assurance. Has received a note giving desired assurance Page 6 7 9 10 12 15 18 19 22 23 24 25 28 29 30 31 33 34 36 38 38 39 39 IWap or THE RiYEE CoKGO (facing page 33). Correspondence relating to Negotiations between the Governments of Great Britain and I'ortugal for conclusion of the Congo Treaty: 1882-84. No. 1. Senhor de Serpa to 8enhor d'Antas. — {Communicated to Earl Granville by Senhor d'Antas, November 22.) (Translation.) Most Illustrious and Excellent Sir, Lisbon, November 8, 1882, THE results of tlie exploration which M. Brazza has ju.st concluded on behalf of the French Government in African territory north of the Zaire, and, above all, the importance which the French press is giving to the works of that explorer, and to the effects which it is sought to obtain from them in the sense of extending French dominion in lands discovered, conquered, and formally occupied by us, our possession of which is disputed by England, are claiming the attention of the Portuguese Govern- ment; and it is desirable that you should, with as little delay as possible, call the attention of the Britisli Government also to the facts alluded to, and their possible consequences. These facts, and others to which I am about to refer, and of which documentary proofs exist in your Legation, they having been transmitted by one of my predecessors with despatch dated 1877, show the urgency and reciprocal advantage of a settle- ment of the difficulties raised by the British Government since 1846 respecting the traditional sovereignty of Portugal, solemnly recognized at various times, over the territories on the West Coast of Africa, situated between the 5° 12' and the 8° of south latitude. On the 24th .January, 1876,* the Duke of Saldanha, then Minister for Portut^al at that Court, handed to Her Britannic Majesty's Minister for Foreign Affairs a Memo- randum, in which His Most Faithful Majesty's Government expressed their conviction that such difficulties could not be attributed to any hostile feeling on the part of Great Britain, and set forth the reasons both of law and fact which prove, not only the legitimacy, but even the necessity, of permanently installing Portuguese authority in the debatable territories. Tiie Minister for Foreign Afikirs at that Court, in acknowledging receipt of this Memorandum on the 8th February following.t deferred his reply until after an examina- tion of the correspondence which had previously passed between the two Governments on the subject, and expressed a desire, in Her Britannic Majesty's name, that in the meantime Portugal would suspend all action, adding that the instructions previously given to the English cruizers to oppose all extension of Portuguese sovereignty to the north of Ambriz had not been withdrawn. On the 6th October, 1876, Her Britannic Majesty's Minister for Foreign Affairs again promised the Duke of Saldanha that he would study this matter. Since that time new facts have arisen in addition to the very recent ones above referred to, and have increased the urgent necessity which His Majesty's Government feel for a definite settlement of these questions. The facts alluded to are of a very diverse nature, but they bear among them the followini^ disagreeable connection — viz., that while certain of them compromise the responsibility of Portugal, others tend to disarm her action. The Portuguese authorities owe their knowledge of the first-named class of facts to Her Britannic Majesty's Consul at Loanda. By a despatch from this Agfent, dated the 1st May, 1877,t *^he Governor-General of Angola was informed of the abominable excesses practised by souie Europeans on the Zaire, thnnks to the anarchy produced by the state of things arising out of the pending difficulties which prevailed tljere. In the absence of any authority able to exercise vigilance, and maintain order and security, various factors and colonists, under the pretext of self-defence, arrogated to themselves the right of life and death over the natives. * " Africa No, 2 (1 883)," No. 44. f Ibid., No. 45. % Ibid., No. 47. [11>8J B 2 Mr. David Hopkins especially denounced the assassination of about thirty negroes, including women and children, who, having been, more or less justifiably, accused ot having taken part in the burning of the properties belonging to the Portuguese subject Manoel Joaquim Oliveira, were, by the latter's orders, and with the connivance ot other Europeans and some natives, among the former being a British subject, bound hand and foot and thrown into the river, some of them at Boma and others at Port Lenha. As a climax of monstrosity the presumed accomplices or VYitnesses, the victims as they were called, were put to torture by him. According to the information of Mr. David Hopkins, similar atrocities were frequently perpetrated in the region under notice ; and the same Consul specially named the Spanish subject Jose del Valle, better known as Don Pope, as the person who inflicted frequent cruelties on his black labourers, and who had even caused the death of some ot them, whom he ordered to be drowned. Mr. Hopkins added that slavery was, in fact, reinstated on the Zaire; that the black labourers in the service of Europeans were literally sold to these by the native Chiefs, and he invited Portuguese authority to interfere and put a stop to this series of attempts against the life and liberty of the negroes, and notified that, faihng action, England would take upon herself this humanitarian duty. Portuguese authority, which has done so much already towards securing at one and the same time both the Hberty of the natives and the safety of Europeans in territories where it has untrammeled action, did not require such an incentive as this ; but it was not unfavourably impressed by the fact that the Representative of Great Britain, by giving this species of notice, implicitly raised the provisional interdict which had deprived the terri- tories referred to of the action of the law. But the unforeseen nature of the case, the doubts as to competency, the reserve imposed by the instructions in force, which neither His Majesty's Government nor the British Government had yet modified, gave rise to innumerable difficulties as to the form of such action. The Governor-General, having heard the opinion of a consultation of Jurisconsults, and also that of the Government Council, took the following steps, which, as far as possible, reconciled the difficulties with the urgency of the case. On the 5th May two magistrates proceeded in the corvette " Sa da Bandeira " for the purpose of instituting an inquiry into the crimes pointed out by Her Britannic Majesty's Consul, and of bringing the culprits to justice. The gun-boat "Tamega " was at the same time told off to visit all the points on the Zaire where European traders were residing, the Commander having orders to come to an understanding with them, to make them fully alive to the responsibility they were incurring in ill-treating the natives, or in using force against them, to inquire into any attempts of this kind that might have been committed, and to receive en board, should the case be so, such negroes as might be forcibly or improperly detained in the houses. After a toilsome investigation, which the magistrates above named made from house to house, they were able to ascertain the truth of the accusations brought against Manoel Joaquim Oliveira and his accomplices, Joaquim Agostinho Oliveira, jun., John Scott, Petter Wilson — Europeans, and the natives Robert and Lanza. Arrest warrants were issued against these six individuals, after previous consultation with the Consuls for Great Britain and Holland, John Scott being a British subject, and, Jike the principal accused, Manoel Joaquim Oliveira, employed in a Dutch house. It was not a little to have completed the investigation without the use of any of the means of material pressure which justice has at its disposal in regularly-occupied countries, ■and in face of the difficulties which the close solidarity of the European traders presented, and the means of intimidation they could bring to bear against the negro labourers ; but the results obtained were unfortunately limited to this : Oliveira and his fellow-accused were able to evade the arrest warrants, and to take refuge among the many hiding-places which the swamps and woods in this region afford. Not having at hand any local poHce or armed foi'ce, owing to the non-occupation of the country, justice was limited to waiting the advent of some fortuitous circumstance, or of some radical change in the state of things, to effect the capture of the fugitives. Meanwhile, these facts served as a means of probing the depths of the evil. What above all else most impressed the minds of the magistrates and officers who went on this mission, and what most contributes towards the disorganization which the absence of all authority and all protection and legal repression has produced on the Zaire, is the species of indulgence with which the crimes of Port Lehna and Boma are looked upon by the Europeans who were interrogated as witnesses. All their statements, even the most aggravated, against the principal accused, tended more or less to invoke force majeure in his favour. Ruined once by fire, and threatened again by the same disaster, his person and goods even being exposed to the vengeance of the negroes, he would have been fatally impelled to appeal to terrorism for those guarantees which, owing to the state of isolated anarchy this region is in, he could not ask of the law or of the authorities. It will not be difficult to travel far and quickly in this direction, to descend imperceptibly to the lowest depths of a savage condition, if Great Britain, who has done so much for the civilization of the world, does not harsten, as we have a firm conviction she will do, in view of the facts pointed out by her own Agents, to remove the only obstacle which prevents Portugal from extending to the Zaire the conditions of security and legality which an effective occupation has promptly reahzed in Ambriz, where the evil was not less pronounced. As regards the facts imputed to the Spanish subject Josd del Valle, in Her Britannic Majesty's Consul's communication, the minute investigation to which they were subjected failed to sufficiently establish them. What the magistrates conducting the inquiry were unfortunately able to convince themselves of was that the cruelties inflicted on the blacks, and the other iniquities incidental to the regimen of slavery, are as frequent in the Zaire as they were in Ambriz when diplomatic difficulties, analogous to those which His Majesty's Government desire to have speedily solved, prevented the regular exercise of Portuguese sovereignty there. Some Europeans treat their black labourers with justice and mildness ; but free labour, in the true acceptation of the word, is quite an exception on the Zaire. The greater part of the negroes said to be under contract are delivered at the dwelHngs by the native Chiefs, who receive money or goods in exchange for them, and who bind themselves, in the event of their attempting by flight to break a contract which they did not voluntarily enter into, to recapture and bring them back again to the workshops. This does not occur in territories where Portuguese authority is established. The species of contracts above referred to are of a temporary nature ; but it is nothing new for the negroes to be detained by force at the expiration of the term, and temporary slavery becomes one of indefinite duration. It is this which gives rise to the savage reprisals which so frequently menace the lives and properties of the European colonists, and which in their turn originate the cruelty and violence practised by the latter. There is but one way of effectually breaking this chain of reprisals, and that is — again let it be repeated — to instal a regular authority at the principal working centres on the Zaire, which, while equally protecting the liberty of the blacks and the security of the whites, shall give to neither one nor the other pretexts or facilities for executing justice at their own hands. It was unhappily at a time when the necessity for an eflfective and definite possession on the Zaire became so manifest that the events which tended so much to weaken the rights of Portuguese sovereignty in the eyes of the natives took place, and this is the second class of facts which it in necessary should be brought to the consideration of the British Government. While Portugal, at the invitation of Her Britannic Majesty, allowed the question to remain in suspense, agents, cruizers, British subjects acted as though the question had been resolved in a sense not in accordance with what is formally laid down in the Treaties, nor with that which the species of notice given by the Consul for Great Britain at Loanda to the Governor-General of that part of Portuguese Africa, to exercise our sovereignty, implicitly affirms. It is not sufficient to mention in passing facts of a secondary nature, or those that are not absolutely necessary, such as the more or less direct incitements used by English- men to rouse the natives of Quisembo to insubordination, who, as a means of showing their independence, could find nothing better to do than prohibit Portuguese, and them only, from establishing factories in their territories ; the honourable reception, accompanied by salvoes of artillery from an English man-of-war, accorded to a Chief of the Zaire who had been expelled from the Portuguese factories by reason of his conduct; the election in Ambrizette, made at the instance of the Commander of a British man-of-war, of a Queen whom he considered it right to substitute in the local oligarchy, but who was shortly afterwards compelled to take to flight; the singular attitude assumed in those regions of Ambrizette by the English Consul who, having landed in April 1877 with the Commander and an officer of the gun-boat " Avon," told a Chief whom he met that the territory belonged neither to the English nor the Portuguese, but to the blacks ; and, finally, to the distribution of English flags made in the form of presents to the natives, and to the attempts of various English Agents to force themselves upon or get themselves accepted as arbitrators between them (the natives) and the Europeans in all those parts where the pending difficulties prevented the Portuguese authorities from acting in the localities. 4 The fixed idea of substituting the action of a suzerain Power sometimes goes further than this, and cannot shelter itself behind the pretext of the absence of such authorities. For example, in April 1877, the Portuguese gun- boat "Tamega" having called m at Ambrizette, her Commander listened to the complaint which an English house made to him respecting a robbery committed by the negroes. • The Commander of the " Tamega " afterwards learned that the complainant had been reprehended by the British Consul for having gone to the Portuguese authority. It is by such means as these, when the civilization of Africa principally requires a pohcy of co-operation on the part of the two Powers who have the largest interests there, that this state of distrust and antagonism is prolonged. But however much these facts, and the tendency they show on the part of some Agents through excess of zeal, are to be regretted, they are far from being as serious as the two incidents which I am about to refer to. On the 27th March, 1876, Sir W. Hewett signed, on board the "Active," a Convention between Her Majesty the Queen of Great Britain and the native Chiefs of the Zaire, for the abolition of the Slave Trade and human sacrifices, the protection of com- merce, suppression of piracy, &c., all excellent stipulations, undoubtedly, but which, in taking the form of a Treaty between Power and Power, and placing subjects of the King of Portugal on the footing of Contracting Parties, tend to nothing less than to formally ignore his sovereign rights. His Majesty's Government is fully aware that without the sanction of the British Crown no serious significance could be given to this act, and has, moreover, sufficient faith in the strength of the ties of friendship which bind Portugal to Great Britain, and also in the latter's loyalty, to feel the slightest apprehension in such respect ; but this is not appreciated on the banks of the Congo, and it would not require many facts of this kind to give false and dangerous ideas to the spirit of the negroes, and to convince them that they are sovereigns on the Zaire, and to make them believe that the measures taken, or that might in future be taken, by the true Sovereign for the safety of the Europeans, and for the civilization, of the natives, are not acts of administration, but pure usurpation, and, in one word, to morally discredit the acts which Portugal has more than ever the right to exercise, and which she has been called upon by England herself to perJbrm. The second fact is even more serious, and gave rise to protests being made by the Portuguese authority, on the 28th February and the 9th March, 1877, to the Consul for Great Britain at Loanda, and to the Commander-in-chief of the English naval forces on the West Coast of Africa. On the 21st December, 1876, the yacht "Joseph Nickisson" was wrecked on Point St. Antonio (Zaire), and was shortly afterwards boarded and plundered by the natives in the vicinity. The crew having taken to flight, with the exception of one man only, the captain was compelled to abandon his vessel after setting fire to her, and he, as well as his companion, was taken off the next day by a merchant-vessel. It would have been sufficient to have denounced the attempt made by the natives to the authority at Loanda to have secured the repression of the criminals by such authority ; but the Commander of the gun-boat " Avon " took upon himself in a most violent and illegal manner to anticipate the action of the Portuguese justice. A few days after the attempt the " Avon" arrived at St. Antonio, put part of her crew on shore, and, by way of reprisal, burnt two small negro villages. This summary act, in which the violation of Portuguese territory was aggravated by the usurpation of the right of justice, had not even the excuse of press of circumstances, because there was nothing left of the cargo of the " Joseph Nickisson " to save, and because the crew were safe ; neither was it a first indignant outburst of patriotism, because the flag of the wrecked vessel was American. To complete the description of this incident, it only remains to add that the gun-boat " Avon" shortly afterwards meeting the Portuguese gun-boat " Rio Lima" at Cabinda the English Commander informed the Portuguese Commander that everything was quiet on the Zaire, and made no allusion whatever to what had just occurred. This omission on the part cf ihe Commander of the " Avon " might be attributed either to bis tardy recog- nition of tne enormity of the offence committed, or to his desire to divert the, vigilance and action of our authorities from those waters. It should be stated that His Majesty's Government is able to distinguish two motives running through the facts which have called forth our complaints against certain Lnglish agents and cruizers ; on the one side an excess of zeal in favour of the influence of the British flag ; and, on the other, a very legitimate zeal in favour of the work of emanci- pation and civilization which the Christian Powers, and particularly England, have under- taken in Africa. As regards the first motive, this Government relies on the care that will be taken to moderate it, and on the equity and friendly feelings of Her Britannic Majesty's Govern- ment ; and, as to the second, as far as regards the Zaire, they at once offer a complete and immediate satisfaction. The transformation wrought at Ambriz since Portuguese administration has been in- full working order there shows at once what an analogous regimen could and would effect in the neighbouring territories as soon as the difficulties which Portugal has so urgently, and lor so long a time, pressed for the settlement of, are removed. To solve these difficulties, Great Britain would have to sacrifice no interest, and no right, as is very clearly demonstrated in the Memorandum communicated to her Govern- ment on the 24 th January, 1876. The obstacles which the old economical legislation of Portugal was credited with placing in the way of British commerce in the regions under notice have long since been removed. On the other hand, Portugal has no longer, as she had in the first half of this century, to contend against internal embarrassments which might tend to weaken her action in her remote possessions, and which in a certain manner authorized Great Britain to substitute her, as far as regards the common aim of suppressing the Slave Trade and repressing piracy. Portugal does not wish to close Africa, but, on the contrary, to open it to the civilization and commerce of the world, and to facilitate access to it from the coasts which she occupies and has dominion over, and, above all, through the ample water- way of the Zaire, whose mouth is situated within the limits of our sovereignty. There are factories, both Portuguese and of other nationalities, on the banks of this river, near its mouth ; but in order that the access to those points may be secured, that the establishments now existing, or that may exist there, and that commercial operations may enjoy proper security, without which neither commerce nor civilization is possible, it is necessary that Portugal should have undisputed dominion and effective occupation in those parts. Portugal has exercised acts of sovereignty and police there, even at the invitation of Her Britannic Majfesty's Consul at Loanda, as happened in 1877 in the manner previously described ; but she cannot exercise indispensable acts of police in an efficient and advantageous manner without definite occupation. There remains, then, the question of principle, pure and simple, and about this no doubt can possibly exist. The rights of Portugal over the part of the coast of Africa in which the mouth of the Zaire is included are based both upon priority of discovery, continuity of possession, and on numerous Treaties, general and special. These titles have been frequently explained and demonstrated by us, particularly in the Memorandum to which I have referred. It should be stated that the traders on the Zaire complain, and with reason, of the want of sufficient protection either to restrain the excesses and impositions of the blacks, with whorp they are almost always in conflict, or to secure respect for their common rights, and avoid the discussions which frequently occur between them, there being no law by which they can regulate themselves ; that the number of factories existing on the banks of the Zaire is forty-nine, of which twenty-six are Portuguese, twelve Dutch, seven Frencli, and four English ; that, in addition to this, the foreign houses are generally managed by Portuguese, our language being the only one that is known throughout all this region ; and that His Majesty's Government bound the Company with whom they entered into a contract on the 30th December, 1881, for the continuance of the regular steam service between Lisbon and their Colonies in West Africa, to touch at the River Zaire. M. Brazza's explorations, and the articles in the French journals, arouse no fear in His Majesty's Government that France, a Power which is friendly to Portugal, which respects the rights of other nations, and is connected with Portugal by Treaties which expressly recognize our sovereignty over the territories under notice, would wish to usurp that which belongs to us. But the continuation is always dangerous of a state of things which, through the apparent abandonment of those regions b\ Portugal, arising from the want of effective occupation, might lead the opinion of a great nation astray, and operate upon its Government in a sense opposed to justice and to inter- national law. The ties of friendship which unite Portugal to Great Britain, and which frequent Treaties of Alliance have drawn closer, the reciprocal sympathies of the two countries and of their two Governments, and the proofs of loyalty which have been mutually given, are sufBcient motives to induce His Majesty's Government to hope that the exposition of the facts and reasons I have just pointed out will meet with a favourable reception from Her Britannic Majesty's Government. Your Excellency may give a copy of this despatch to his Excellency Eari Granville. God preserve, &c. (Signed) A. DE SERPA. No. 2. Sen/wr d' Ant as to Senhor de Serpa. — (Communicated to Earl Granville by Senhor d'Antas, November 22.) (Traduction.) (Telegraphique.) Londres, le 22 Novembre, 1882, 2 heures du soir. JE vous prie de me dire si je puis affirmer h. Lord Granville qu'en demandant a occuper des territoires sur lesquels le Portugal a des droits incontestables et surtout et d'urgence Cabinda et Molembo, le Gouvernement Portugais ne vise h aucune espfece de monopole du commerce des regions Africaines ; il ne mettra aucune entrave au d^veloppement des interets commerciaux existants dans les dites regions ; le Gouverne- ment Portugais est anirae des idees les plus liberales en ce qui concerne la navigation du Zaire et autres voies fluviales. (Translation.) (Telegraphic.) London, November 22, 1882, 2 p.m. I BEG you will tell me whether I can assure Lord Granville that in asking to occupy territories over which Portugal has incontestable rights, and above all Cabinda and Molembo, which are pressing points, the Portuguese Government does not contemplate any sort of monopoly of the commerce of the African regions ; that it will put no hindrance in the way of the development of the existing commercial interests in the said regions ; that the Portuguese Government is inspired by the most liberal ideas in all that regards the naviga- tion of the Congo and other water-ways. No. 3. Senhor de Serpa to Senhor d'Antas. — (Communicated to Earl Granville by Senhor d'Antas, November 22.) (Traduction.) (Telegraphique.) Lisbonne, le 22 Novembre, 1882, 5 heures et demie soir. VOUS pouvez faire toutes les affirmations contenues dans votre t^legramme. (Translation.) (Telegraphic.) Lisbon, November 22, 1882, 5.30 p.m. YOU may give all the assurances mentioned in your telegram. No. 4. Earl Granville to M. d'Antas^ M. le Ministrc, Foreign Office, December 15, 1882. HER ^Majesty's Government have given their most careful consideration to the despatch from Senhor de Serpa which you did me the honour to communicate to me on the 22nd ultimo. Animated as they are by a sincere desire to terminate any questions which might endanger the friendly relations existing between Great Britain and Portugal, and ever anxious to assist in the abolition of slavery and the civilization of Africa by the extension of legitimate commerce, they gladly forbear to discuss the historical portions of Senhor de Scrpa's despatch, or the points upon which the two Governments have for many years been at issue. They prefer to dwell upon those parts of the despatch which show the advantages which would ensue from the recognition of Portuguese jurisdiction in the districts at the mouth of the Congo; the assurance that "Portugal has no wish to close Africa, but, on the contraryj to open it to the civilization and commerce of the world, and to facilitate access to it from the coasts which she occupies, and has dominion over ; " and the statement that Portugal is now not only willing, but able, to suppress the Slave Trade. The present moment, when the attention of Europe is being specially called to the navigation of the great African rivers, appears to offer a favourable opportunity for settling doubtful points, and for establishing the general right for all nations to the free use of those great highways of commerce. Her Majesty's Government, therefore, would be prepared to enter upon the negotia- tion of a Convention, of which the following conditions should form the basis : — 1. That Great Britain should recognize the sovereignty of Portugal over the West African Coast between latitude 8° and latitude 5° 12'. 2. That the navigation of the Congo and the Zambesi, and their affluents, shall be free, and not subject to any monopolies or exclusive concessions. 3. That a liberal Tariff, with a low maximum rate of duties, be established in all the Portuguese possessions in Africa, with a guarantee to this country of most-favoured-nation privileges. 4. That due consideration should be given to all privileges hitherto enjoyed by British subjects under Treaties made with native Chiefs in the Congo districts, and that British subjects should be put on an equal footing with Portuguese subjects as regards purchase or lease of lands, missionary operations, and taxation. 5. The suppression of Slave Trade and slavery. 6. The transfer to Great Britain of all Portuguese rights or claims, of whatever description, on the West Coast of Africa, between 5° west longitude, and 5° east longitude. Her Majesty's Government also consider that, for the avoidance of all further doubts or disputes, a declaration should be added to the proposed Convention, stating that Portugal claims no part of the South African Coast south of latitude 18° on the west side, and latitude 26° 30' on the east side ; and that in those districts where the sovereignty ■ of Portugal is acknowledged on the coasts, it should not be held to extend further up the rivers or into the interior than the points actually occupied by Portuguese. I have to request you, M. le Ministre, to refer these proposals to your Govern- ment, and to assure you that upon receiving their assent to them I shall have much pleasure in proceeding to negotiate with you the terms of a Convention which promises great benefits to our two countries, to Africa, and to the cause of civilization. T have, &c. (Signed) GRANVILLE. 1^0. 5. Benhor de Serpa to M. d'Antas. — (Communicated to Earl Granville, January 16, 1883). (Translation.) Most Illustrious and Excellent Sir, Lisbon, December 26, 1 882. I RECEIVED with great satisfaction your Excellency's despatch of the 18th instant, handing me the note which Lord Granville sent you under date of the 15th instant, in reply to the contents of my despatch of the 8th November, in which he proposes to His Majesty's Government the bases of a Convention for the recognition of Portuguese territorial sovereignty between 8° and 5° 12' south latitude, on the West Coast of Africa. His Majesty's Government never doubted that Her Britannic Majesty's Government would do justice to our old and just demands, nor did it, on its part, fail to do similar justice to the motives which have delayed the formal recognition of our rights in that region. His Majesty's Government accepts the bases of the Agreement proposed by Lord Granville. As regards the mode, of drafting the Articles corresponding to these bases, however, and the importance of Basis 6, it desires to offer the following remarks :— Bases 1 and 2 — the recognition of Portuguese sovereignty as far as 5° 12', and freeeom of navigation of the rivers — form the most important part of the Convention, and the Articles can be drafted in the same way that said bases are drafted. The Portuguese Government never entertained the idea of monopoUzing the navigation of the great African rivers, or of embarrassing or rendering such navigation difficult to foreigners. Liberty of great commercial highways is now a principle which is fortunately recognized [198J G as a rule of international law, and much more should it be so in those African regima where efforts are being Riade to open up the interior of a backward and savage continent to European civilization and comnierce. The 3rd Basis savs "that a Tariff shall be adopted throughout all the Portuguese possessions, with a somewhat low maximum rate of duties, with a guarantee to the British Government of all the privileges of the most favoured nation." As regards the treatment of the most favoured nation, the Government has no hesitation in granting this to Great Britain under the title of reciprocity in the British African Colonies. To fix without a limit of time, however, a maximum rate for customs dues, seems a scarcely admigsible point into a Treaty which is to be of perpetual duration. r a • i His Majesty's Government has no hesitation in agreeing to the drafting of an Article corresponding to this basis, which, without offending the rights of Portuguese sovereignty in her Colonies, shall satisfy the wishes of Great Britam, the Government not being disposed, even in its own interests, to fix any customs dues in its Colonies, except mch moderate ones as shall not tend to drive the trade of the other countries away. A maximum, in no case exceeding that of the present Tariffs, might be fixed for our African Tariffs for a period of ten years, and for the districts on the Zaire, about to be occnpied, a, somewhat low maximum representing a certain percentage ad valorem. The 4th Basis refers to British privileges arising from Treaties made with the native Chiefs of the Congo, and to equality between British and Portuguese subjects as regards the Sale and leasing of land, missionary work, and assessment of taxes. His Majesty's Government will be quite willing to givedue consideration to the privileges treated of, but it is necessary that it should first know what these consist of. Equality between British and Portuguese subjects, as regards the matters referred to in this basis, is in accordatnee with the spirit of our legislation, and there could be no objection to expressing it in the Convention. As regards the 5th Basis — the suppression of slavery and the Slave Trade — His Majesty's Government fully accepts this, not as a new stipulation on its part, but, as a declaration of what now exists, both in law and in fact, throughout the Portuguese Colonies, and expressly so in the districts at the mouth of the Congo, forming the speeial object of this Convention, in accordance with the Law of the 5th July, 1856. Great Britain is well aware, and her Government has often spontaneously and formally declared, not only that we have, by dint of great efforts and sacrifices, completely effected the extinction of slavery in the African territory occupied by us, but also tha,ti np other nation more than the Portuguese has sincerely and effectively seconded, within the limits of its resources, the unceasing English energy displayed in the humanitarian and civilizing task of suppressing the Slave Trade. The 6th Basis refers to the transference to Great Britain of the Portuguese rights or claims on the West Coast of Africa, between 5° west longitude and 6° east longitude. Qn that coast, between these degrees, Portugal has no other rights or claims beyond those of sovereignty and possession of the fort of St. John the Baptist of Ajudd, on the coast of Mina (Africa). With respect to the declaration which Lord Granville considers it would be desirable to add to the Convention, as far as regards the first part thereof His Majesty's Govern- ment has no hesitation in making the same in the most explicit manner. But as regards the second part, it considers that this offers grave objections. The boundaries ot the territory occupied by us not being fixed in a definite manner — Great Britain knows by her own experience how difficult a definite fixing of limits is in African territories subject to European dominion and > inhabited throughout the greater part by native tvibesr-t-q. Declaration based upon this somewhat uncertain definition of limits might tend in the future to raise doubts and disputes instead of preventing them. On the other hand, although Portugal does not claim to extend her already vast African dominions, she cannot accept a situation which might place her in more unfavourable circumstances than the other nations. The latter may by legitimate means, by Treaties and effective occupation or colonization, acquire territories on the African continent. Why should Portugal be deprived of a similar right ? If for the continuity of the dominions she now occupies a favourable opportunity one day presents itself of extending towards some point in the interior the benefiti^ of civilization to savage and untutored races, legitimately acquiring the territories she mi^iit thus occupy, to disquahfy her for so doing would only be to injure that mission, which is at the present time incumbent upon civilized nations. Your Excellency will communicate the contents of this despatch to Her Britannic Majesty's Government, and may hand it a copy of the same, and you can negotiate, in accordance with the observations herein made, the terms of the proposed Convention, 9 advkmg this Office, as soon as you are able to do so, of the British privileges referred to in Basis 4. His Majesty's Government, being no less convinced than Lord Granville of the great benefits which must accrue from the proposed Convention to the two countries, to Africa, and to the cause of civilization, and relying upon the zeal and intelligence of which your Excellency has given so many proofs, is assured that you will be able to convince that (the British) Government of the reasons which counsel the drafting of the Articles of the Convention in the manner herein described, and the necessity for suppressing the second ^art of the Declaration relating to the limits of the Portuguese possessions in the interior of Africa. Inclosed your Excellency will find ;a jgtoposal for a Convention drafted in this sense. As regards the first part of the Declaration, this can be included in the Convention itself, in a Protocol annexed thereto, or by means of an additional note, and shall be worded as explicitly as Her Britannic Majesty's Government may desire. God keep your Excellencv. (Signed) A. DE SERPA. No. 6. Earl Granville to M. d'Antas. M. le Ministre, For^gn Office, January 23, 1883. HER Majesty's Government have given their careful consideration to the despatch of the Portuguese Minister for Foreign Affairs, and its inclosures, which you ^lid me the honour of communicating to me on the 16th instant, and also to the observations with which you accompanied-it. I am happy to be able to inform you that Her Majesty's Government see no objection to the terms of Articles I, II, and IV, and are prepared to accept a Vlth Article, in the sense indicated by you, in lieu of that part of the proposed Declaration which related to the -extension of the Portuguese possessions inland. As regards Article III, which deals with the Tariff to be imposed on merchandize in the districts between 5° 1 2' and 8° south latitude, I observed that in your remarks on Senhor Serpa's despatch you call attention to the moderation shown in the Mozambique Tariff as settled in 1877, and to the still lower customs dues in force at Ambriz. But Her Majesty's Government have learnt from Her Majesty's Consul at Mozambique that a new Customs Tariff for the province was to come into force on the 1st January instant. That Tariff, which appears to have been issued by the Governor-General on his own responsibility, is of so retrograde a nature as to strike a crushing blow at the British trade in those regions, and more especially at that from India. Amongst other increases in the Tariff is one which imposes an additional tax of 20 per cent, upon all goods •' similar to those of European manufacture coming from foreign ports of Asia and Africa," a tax which, it is believed, would affect nearly three-fifths of the whole trade of the proviaee now in the hands of British Indian merchants. Her Majesty's Government cannot but believe that the enlightened Governirrent of Portugal will repudiate this Tariff, and I would request you, M. le Ministre, to press upon them the necessity of doing so. In that case Her Majesty's Government would be prepared to accept an Article, in the place of the present Article III, which should provide that the Tariff to be put in force in the districts in question should be similar to thett settled for the Mozambique in 1877, and that none of the Tariffs in the Portuguese possessions in Africa should be liable to be raised so long as the Convention now tinder consideration i? in force. They also presume that the "cabotage," or local coasting trade, would be free to the craft of all nations. In the revised edition of the Tariff the duty on gunpowder has been doubled. As regards Article V, which deals with the Slave Trade, I have to observe that the efforts which Her Majesty's Government are constantly making on the East Coast of Africa have not met with the success which would otherwise have attended them, owing to the disinclination of the Portuguese Governmeat to allow Her Majesty's cruizers to operate against slave-traders within the territorial water-s of Portugal. The permissioii has at times been given with the happiest results, but has frequently been refused. With [198] C 2 10 view to obviate this difficulty, Her Majesty's Government would suggest that Article V, as at present drafted, should be replaced, with some modification in the number of ships to be employed, by the two Articles XII and Xlll of the draft Treaty for the development of commerce and suppression of Slave Trade on the East Coast of Africa which formed the subject of negotiation between the two Governments between 1878 and 1831.* I have, &c. (Signed) GRANVILLE. No. 7. M. dCAntas to Earl Granville. — {Received January 30.) M. le Comte, Londres, le 29 Janvier, 1883. J'AI regu la note que votre Excellence m'a fait I'honneur de m'adresser, en date du 23 courant, et je me suis empresse d'en porter le contenu a la connaissance du Gouvernement du Roi, au nora duquel je viens presenter k votre Excellence les consid^ra* tions suivantes : — • ]. En ce qui concerne le Tarif Douanier (jui devra etre adopte pour les districts que le Portugal occupera, dans la region du Congo, le Gouvernement du Roi est tout prit k prendre I'engagement que ce Tarif sera celui de Mozambique de 1877, avec les quelques l^g^res modifications qui y ont ete faites en Decembre 1880; mais sans les nouvelles modifications que le Gouverneur de cette Colonic avait resolu d'y introduire et qui devraient etre appliquees ^ partir du 1" Janvier de I'annee courante. Le Gouvernement du Roi, aussitot qu'il a eu connaissance des dispositions prises k ce sujet par le susdit Gouverneur, s'est empresse de lui donner I'ordre par le t^legraphe d'en suspendre I'execution. 11 n'y aura done aucune difiiculte k prendre comme type le Tarif de Mozambique, tel qu'il ^tait jusqu'k la fin de Tannic derniSre, c'est-^-dire, sans les innovations que ce fonctionnaire avait resolu d'y apporter. Mais on ne pourra pas lui donner la designation de " Tarif de Mozambique de 1877," car elle n'aurait pas d'^-propos et en manquerait de precision apr^s les changements, si peu importants qu'ils soient, que celui-ci a subi en 1880, avec I'assentiment du Gouvernement de Sa Majeste Britannique. II n'y aura non plus aucune difiiculte a declarer que le Tarif dont il s'agit et les « "ARTICLE XII. " The High Contracting Parties engage to use their utmost endeavours to put down and finally suppress the Traffic in Slaves on the East Coast of Africa. '■ For this purpose they agree to give each other the earliest information of which they may become possessed with regard to the fitting out of slavers and the destination of the same, and generally i regard to all subjects, information respecting which may directly or indirectly subserve the object f.hey have in view. The local ofRcers of each of the High Contracting Parties, whether Colonial or Consular, will accordingly be instructed, whenever they receive information, the knowledge of which, if communicated to the local officers of the other Contracting Part)', might enable the latter to take preventive measures in regard to the Traffic, to communicate such information directly to such local officers of the other Contracting Parties, whether Colonial or Consular. The local officers of the High Contracting Party who receive the information will be bound within the sphere of their authority to take every measure to utilize such information for the objects both Governments have in view. " The High Contracting Parties engage from time to time, and according as the recrudescence of the Traffic may render such joint action necessary, to organize combined naval expeditions against the Traffic, and each of them to furnish for such joint expedition not less than one corvette and two gun-boats. The High Contracting Parties will come to a mutual understanding as to the orders to be given to the Commanders of such expeditions so as to enable them most effectually to act in concert and co-operation with each other. During such time as the joint expedition lasts the naval forces of each of the High Contracting Parties shall be at liberty to act, even if separated from the other, in the territorial waters of the other Contracting Party. " His Most Faithful Majesty, moreover, engages to give large discretionary powers to the Governor-General of Mozambique, by which he will be enabled to authorize Her Britannic Majesty's cruizers, whenever the Com* manders of such cruizers shall show good reason for their proposed action, to act independently in Portuguese territorial waters on such parts of the coast of the Province of Mozambique as are not occupied bv white settlers and where no Portuguese officials are present. Similar powers shall be given, if required for similar purposes to' the Governors of Her Britannic Majesty's South African dominions. "ARTICLE XIII. " The High Contracting Parties agree to furnish each other in the same way as provided by the foregoinn- Article with all the information which they may become possessed of in reference to the interior Slave Trade and each engages to take into his serious consideration any measure which the other may propose for the purpose of joint action in the repression of such interior Slave Trade." ii Tarifs aetuels des autres possessions Africaines du Portugal ne pouiront elre alter^s pendant dLx ans, sans accord pr^aldble entre les Hautes Parties Contractantes. Cette clause figure dej^ k I'Article III du Projet de Convention annex6 a la ddpSche de M. de Serpa. Bien que la liberty du cabotage n'existe pas encore pour toutes les Colonies Portugaises, la legislation qui se rapporte h cette matifere a d^jc\ 6te modifi^e, dans un sens favorable, par le Decret du 18 Aout, 1881, et le Gouvernement du Roi a I'intention de s'occuper de cette question. II ne serait pas possible d'alt^rer le regime actuel par des dispositions consignees dans la Convention ; raais il le sera peut-etre plus tard, par une loi sp^ciale. 2. J ^prouve un bien vif et bien profond regret de devoir informer votre Excellence que le Gouvernement du Roi voit de gfandes difficultes et de graves incon- ve'nients ^ inserer dans la Convention la partie de ['Article XII du Traite non averiu du 30 Mai, 1879, qui se rapporte a I'autorisation h, donner aux croiseurs Britanniques d'exercer leur action dans les eaux territoriales Portugaises, en vue de la repression de la Traite des Noirs. Le Portugal — ainsi que M. de Sei'pa le remarque dans sa depeche du 26 D^cembre-— au prix de grands et constants efforts et de lourds sacrifices, est parvenu a extirper I'esclavage des territoires Africains soumis k la Couronne. Aucune nation n'a plus que la nation Portugaise second^, dans la limite des ses ressources, I'infatigable initiative Britannique dans la tslche hautement civilisatrice et hautement humanitaire de la suppres- sion de ia Traite; et le Gouvernement de Sa Majeste Britannique a plusieurs fbis rendu justice a I'efficacite de cette cooperation. Elle ne se ralentira pas. Le Gouvernement du Roi sera toujours heureux de I'exercer ; mais la disposition dont il s'agit est une de celles qui, lors de la discussion du Traite non avenu du 30 Mai, 1879, a malheureusement rencontre les repugnances et les resistances les plus vives, et que ne put suffire k apaiser la modification y apport^e par le Protocole signe le 31 Decembre, 1880. Revenir sur cette question serait done risquer de fournir aux adversaires de la Monarchic un pretexte pfour r^veiller et exploiter a leur profit les susceptibilites nationales, Permettez-moi d'esp^rer, M. le Comte, que le Gouvernement de Sa Majeste Britannique n'insistera pas sur ce point. Je prie, &c. (Signe) M. D'ANTAS. (Translation.) M. le Comte, London, January 29, 1883. I RECEIVED the note which your Excellency did me the honour to address to me on the 23rd instant, and I hastened to bring its contents to the knowledge of the King's Government, in whose name I now present to your Excellency the following considera- tions : — 1. As regards the Customs Tariff to be adopted for the districts which Portugal will occupy in the Congo i*egion, the King's Government are quite ready to engage that this Tariff shall be that of Mozambique of 1877, with the few shght modifications which were made in it in December 1880, but without the new modifications which the Governor of that Colony had resolved to introduce into it, and which were to have come into force on the 1st instant. The King's Government, as soon as they became aware of the measures taken in this matter by the above-named Governor, hastened to instruct him by telegraph to suspend the execution thereof. There will be^ therefore, no difficulty in taking as a basis the Mozambique Tariff as it existed up to the end of last year, that is, without the innovations which this functionary had resolved to introduce into it. But it cannot be known as the "Mozambique TariflF of 1877," as such title would be unsuitable, and after the modifica- tions, however unimportant, which v*ere introduced in it in 1880, with the consent of Her Britannic Majesty's Government, would be wanting in accuracy. Kor will there be any difficulty in declaring that the Tariff" in question and the existing Tariffs in the other African possessions of Portugal cannot be altered for ten year.3 without a previous understanding between the High Contracting Parties. This clause already exists in Article III of the projected Convention annexed td M. de Serpa's despatch. Although the right of coasting trade does not as yet exist for all Portuguese Colonies^ the laws relating to the question have been already modified in a favourable sense by the Decree of the 18th August, 1881, and the King's Government has the intention of occupying themselves with this question. It would not be possible to alter the existing regime by the provisions set forth in the Conventionj but it may be possible to do so later by a special law. 12 2. I feel a most keen and profound regret in having to inform yoar Excellency that tai« King's G'OveitfiMen't see great aiffieulties a«d graVe ohjections to iusertmc; in the Convention the paW of Artfcfe X'll of W^ dropped Treaty ©t t*be 30lh May, 1879, which hm reference to the autliorizalion to be Jiocorded to BrJtisii cnaizers to act in Portuguese waters with a view to the suppression of the Slave Trade. Portusral, as M. de Serpa ©feerves in his despatch of the 2')tli December, at the price of gi-eat and constant elfel'ts and of ieavy saicrifiees, has succeeded in extirpating slavery from the African tei-ritoilst ■Deeeifljfbef, 1&80, was in-sufficient to appease. To revert to this question would be, therefore, to risk furnishing to the adversaries of the Monarchy a pretex't for reawaketii^g at>d using to their own ends the national sosceptibilities. "Pertoit ine^o hope, M, ie Comte, that Her f&ritatenic Majesty's Government will not insist on this point. T a;m, &c. (Signed) M. D'ANTAS. ¥o.8. Emi Grtim^Ue to M. d'Atas. M. le Ministre, Worelpi Office, March 15, 1883. A CAREFUL examination of the notes which yOu have recently been good enough to address to me on the subject of the proposed African Treaty shows that, while the views of the t.Vvo Governments are in harmony upon some of the principal points, there is a divergence which requires to be reconciled upon some questions of vital importance. With the objf^ct of attaining "this end it is advisable to define distinctly the object of Her Majesty's Government in entefing-into the negotiations. This is the more expedient because, since public attention ba« been drawn to the -subject, the observations in the press of botti countries have indicated the existence of erroneous impressions as -to the scope and character of the discussions. The present negotiations owe their origin to a revival, suggested by Senhor Serpa to Her Majesty's Charge' d'Affixires at Lisbon in a conversation which look place in October last, of an interchange of views on the subject which Wascarried on at Lisbon dn 1881 bet\veen Mr. Morier, then Her Britannic Majesty's tRepreseritaiive, and the ^Portuguese Government. Her Majesty's Government, in assenting to a ^renewal of the discussion, were actuated by the following niotives. The complete revolution of the condition of the African continent has necessitated a change of ti'eatment. The successful efforts of Livingstone, Stanley, and other explorers have broui^ht within the limits of practical knowledge the geou;raphy and ethnoloo-y of the vast regions of Central Africa, the nature of the water-sheds, arid tiie utility of the rivers which bring the central districts into communication with the coast. An important field for commerce has clearly been opened up. The attention of fti'aders in all parts of the woi'ld is being attracted to it. Her Majesty's Government considered that an arrangement between Great Britain and Port+igal, based upon principles of freedom and equal advantages to all countries, would greatly -eontribute to, prevent rivalries and jealousies, «o likely to be injurious to airising trade. Her"Ma,jesly's Government, as 1 informed you in my note of the 15th 'December kst, stated their chief objects to bethe-abolition of slavery and the civilization of Afma by the extension oT legitimate com-merefe. 'The Portuguese Government, on their side, stated that tbeir bbjecJts were the-mMitJ. "Portugal,' said Senhor Serpa, in the note which you placed in my Irands on tthe 22nd IsTovember, "has no longer,.as sbe;had in the first ; half of feWs eentury, to eont^nd 13 against internal embanrassments wliieh might iend' teweafeen feer action in her remote possessions, and which, in a certain manner, authorized Great IWtain to take her place as far as regards the common aim of si>pppessing the Slave Trade and repressing; piracy." '•'Portugal,'* it was added, " does not wish to close Africa, but, on the contrary, to open it, to. the civihzation and commerce of the world." "The obstacles," it was pointed ant, " which the old e(;onomical legislation of Portugal was credited with placing in the way of British commerce in the regions under notice have long since been removed." This exchange of assvu'anc^s between the anoien-t allies has been followed by con- siderable progress in the negotiations. Substantial evidence has been given of the wiMingnesa of Portugal to join in a united effort for the iaaQguiration of a system of free commerc?e, undep a civilized rule, by her assent to the free navigation of the rivers which must be the arteries of trade, and by the expression of her readiness to extend to all' hep existing African possessions the commercial system which was introduced in 1877 in Moziimbiqae. It is to be hoped that the obstacles which seem to exist at present to the full realization of the remaining objects will prove to be more apparent than real. The (question of the joint e9;inpaign against slavery haS; not yet been satisfactorify settled. This is a point respecting which the two nations are so obviously animateit! by the same idea that common action ought to be a principle not only attainable but welcome to both. Is it possible that in Portugal some trace still lingers of the old jealousy of British interference, dating from the days when the views of the two nations were. diametrically opposed ? If this is so it is earnestly to be desired that tiie impression and the counter-impression which used to prevail as to the backwardness of Ppi-tugal in the cause of the abolition of slavery may be completely effaced. If the two nations are to treat the Slave Trade as a common enemy, at which it. is their united wisvh to deal a death-blow, they should join their forces, not keep them apart. Were this done, the Portuguese authorities might generally have more field for their action on land, while the English naval forces v,?ould have to undertake the bulk of the work at sea and on the coast. Active efforts of both, in co-operation with each other when necessary, should produce an effect which it would be difficult to exag^ gerate. , The Portuguese Government take e:?ception to Articles V and VI of the draft of Treaty now under consideration. When the Lorenzo Marques Treaty was ne-iotiated these Articles were fully considered and were accepted by two successive Governments of Portugal. It was never understood that the obstacles which the ratification of the Treaty encountered were owing to the insertion of these Articles, the principle of which appeared to feave been generally accepted, t am prepared to admit, however, that the machinery which they provide might be mads more effective. The most satisfactory arrangements foj'- the suppression of Slave IVade are probably those recorded in the Protocols of 184? and 1850, to the continuance ot which objection was made at Lisbon in ]SoS for reasons which, at the expiration of thirty yeaiB, may possibly have disappeared, but Her Majesty's Government would be ready to agree to any form of words which would, in their opinion, effectually provide for the suppression of Slave Trade in Africa by the joint and separate action of the forces of England and Portugal. I now approach the question of the recognition of the eovepeignty of Portugal Over the territory from 5° 12' to 8" south latitude. I must begin by making misapprehension impossible upon the point of an alteration of views on the part of Her Majesty's Govern- ment as to the right of Portugal to this territory. In stating, in my note of the 15th December, that Her Majesty's Government would forbear from discussing the historical questions, 1 meant it to be understood that, as the discussions were entering on a new phase» no' good would result from reviving a controversy on which agreement seemed impossible. Her Majesty's Government have never receded, and do not now recede, from their contention that the claim of Portugal is not established. But they are not looking back to the past, they are providing for the futurt-. Con^dering the fact that trade of a legitimate character is now being developed in this district, in which there was formerly no traffic but that in human beings, they are disposed to thmk that it would be desirable that the control and police should be in the hands of a European Power ; and, out of friendship to Portugsl, they would be prepared to recognize her 98 that Power, with the full confidence that their action in so domg would he justly appreciated ; but they, feci it absolutely incumbent on them to make iheii- recognition dependent on certain conditions. •■ c , ,•,• ^ When it is understood that what is proposed is not the recognition ot -the validity of an old claim, but an admission of sovereignty over a territory over which, m the opinion of Bet M^esty's Government, Portugal has not had any right, it will be seen that the 14 position of Her Majesty's Government, from their own point of view, is not that of asking concessions as a favour, but of attaching them as a condition. On this coast many trading factories are established, of which a small minority only are Portuguese, They belong to British, French, German, and Dutch houses. They pay no dues or imposts, making only insignificant payments to native Chiefs. Their vessels ply without hindrance in the rivers and along the coast. There is no obstacle to the free access of the traders to the interior. Missionaries also, irrespective of creed, are allowed perfect freedom in their work. It would be impossible, then, to agree to the imposition of burdens which do not now exist. It is not probable, looking at the assurances of the Portuguese Government, that any intention exists on their part to advocate for themselves the right to impose such burdens, but trade is sensitive, and religious bodies are easily alarmed. No obscurity, therefore, must exist on the following points. There should be no differential dues, ho transit dues ; the freedom of trade and navigation of the River Congo should be absolute, involving exemption from all river dues or tolls ; equality should be secured to missionaries of all creeds. A question which cannot be avoided is that of the extent of jurisdiction which would be accorded to Portugal in the interior, A suggestion to this effect which has been made in the course of the discussions appears to have been interpreted as an objection to future extension of dominion on the part of Portugal. Such a proviso it was never intended to make. But it is obvious that if no sort of definition of jurisdiction is attempted, the diSiculties on the coast which the Treaty would aim at settling would reappear in an aggravated form in the interior. In a pamphlet recently published by the "Socie't6 de Geographic de Lisbonne," it is urged that no such definition of frontier is possible. The frontier, it is said, must be undetermined, and must depend on the wants and resolutions of the Portuguese Administration and colonial policy. When in the same pamphlet it is hinted that the existing claims might extend even to the newly^ discovered Stanley Pool it is evident that serions danger may arise from placing no limit on such vague pretensions, at the mercy of which every foreign trader establishing himself on the upper waters would be placed. That this is no imaginary evil is clear from the uneasy feeling already manifested by the International African Association which has its present seat at Brussels. ^ A claim to extend jurisdiction arbitrarily^ without due regard to the rights and engagements of foreigners, beyond the existing frontier, or to the convenience of other States, could not be entertained. In the interests of civilization a geographical definition is indispensable, which would, howeverj in no way interfere with the future bond fide extension of Portuguese dominion in fields open to annexation. Another point which cannot be overlooked is that of the durability of the arrange- ments as to commercial freedom. It would be impossible to assent to a settlement under which Portugal would, within a limited time, obtain unrestrained power of resettlement> and might, if so disposed, by a stroke of the pen establish a restrictive system fatal to commerce. The Portuguese Government have disapproved the Tariff recently promul- gated by the Governor of Mozambique. Her Majesty's Government recognize this as a liberal and just act. But the fact remains that a prohibitive Tariff was promulgated and might have been approved. To guard against this, at least in the new territorj', is essential. The engagement on this head should be durable and binding. I have endeavoured in the above observations to put in as clear a light as possible the basis on which Her Majesty's Government stand in the negotiations. Were they prepared to accept less favourable conditions for British trade their accept- ance would be valueless to Portugal, for it could hardly be expected that other Govern- ments whose subjects are interested would follow their lead, and Portugal would be in no way benefited if England were to stand alone in her recognition. The result of such isolated action would be that English traders would probably place themselves under the flag of a nation withholding its recognition, and the engagement between the twO countries would be absolutely unproductive. Should it, however, be possible, as Her Majesty's Government trust it may be, to secure by a 'Ireiaty the benefits of freedom of trade, navigation, and religion, and the final suppression of the Slave Trade, in the extensive territories of Africa governed or claimed by Portugal, Her Majesty's Government, who desire to have no exclusive advantages, would readily join in such a Treaty in the interests of commerce and civihzation. It could not be a mere dual arrangement between the two countries, for it is obvious that there could be no advantage in concluding a Treaty which would not be accepted by other Powers whose acceptance would be indispensable before it could come into operation. 1 trust, M. le Ministre, that the two Governments will be able to come to a satisfac- 15 , '1 tory understanding on the basis which I have laid down, and I shall be ready, if it should be your wish, to prepare and forward to you, for the consideration of your Government, a draft enibracing the various points with which I have dealt in this note, and removing any ambiguity as to the scope and meaning of the Agreement. 1 have, &:c, (Signed) GRANVILLE. No. 9. Senhor Serpa to M. d'Antas. — {Communicated to Earl Granville by M. d'Antas, March 29). (Translation.) lAsbon, March 24, ] 883. HIS Majesty's Government has examined with great attention Lord Granville's note of the 16th March instant, which your Excellency transmitted by copy to this Ministry. Lord Granville commences by stating that while the views of the two Governments are in accord regarding the principal points of the negotiation relating to the Zaire, that " there is a divergence which requires to be reconciled upon some questions of vital importance." These questions, which Her Britannic Majesty's Chief Secretary of State for Foreign Affairs extensively enlarges upon in his note, are, the repression of the Slave Trade and the economic regimen of the Portuguese possessions in Africa, and especially in the territories of the Zaire. As regards the first, the divergence consists in Lord Granville's having, in his note of the 23rd January, proposed that Article V of the draft Convention which accompanied my despatch of the 26th December last should be substituted by Articles XII and XIII of the draft Treaty under negotiation between the two Governments irom 1878 to 1881, and His Majesty's Government raised some objections to the complete adoption of those Articles. However, as His Majesty's Government is in perfect accord with the leading idea of this stipulation, and is sincerely animated with the desire to unite its efforts with those of Her Britannic Majesty's Government for the complete suppression of the Slave Trade on the East. Coast of Africa; and as, on the other hand. Lord Granville declares in his last note that Her Britannic Majesty's Government would be prepared to agree to any drafting which in his opinion would effectively provide for the suppression of the Slave Trade by the united or independent action of the forces of England and Portugal, it appears to His Majesty's Government that it would not be difficult to arrive at a definite understanding on this point. As regards the second question — the economical regimen in the Portuguese posses- sions, and especially in the territories of the Zaire — the divergence, if any exists, can be even more easily reconciled. In his note of the 23rd January Lord Granville says " that Her Majesty's Govern- ment would be prepared to accept an Article, in the place of the present Article III (of the draft), which should provide that the Tariff to be put in force in the districts in question (the Zaire) should be similar to that settled for the Mozambique in 1877, and that none of the Tariffs in the Portuguese possessions in Africa should be liable to be raised so long as the Convention now under consideration is in force." His Majesty's Government accepts this stipulation, with one slight alteration, which consists in fixing a definite period of years during which the Portuguese Tariffs shall be raised, as is customary in Treaties of Commerce, instead of extending this period to the term of the currency of the Convention, because such currency as regards various stipulations of the same Convention would be from its nature unlimited and perpetual. And such is the sincere wish of His Majesty's Government that a liberal regimen for the commerce of all nations on the Zaire should be clearly and explicitly guaranteed, that it has no objection to its being declared in the Convention that in those districts no river or other transit dues shall be fixed, which dues His Majesty's Government never had any intention of charging ; neither also will it oppose the insertion of any other Declarations which shall, without offending the rights of jurisdiction and sovereignty of Portugal, secure that in no way shall commercial interests actually created and existing in those regions be prejudiced. Lord Granville further touches upon two other points which would appear to have been already settled. The first refers to religious interests. By accepting the terms of Article IV in his note of the 23rd January, it would seem that Lord Granville considered [198] I> 16 such interests as guaranteed. Looking, however, at the observations contained in his last note in this respect, wherein he remarks that " religious bodies are easily alarmed,' His Majesty's Government has no objection to the Convention's declaring, in the most explicit and formal terms, the most ample tolerance in the exercise of all rehgious worship established in the districts of the Zaire. The other point refers to the extension of the jurisdiction of Portugal in the interior. Lord Granville states that " a suggestion to this effect which has been made in the course of the discussion appears to have been interpreted as an objection' to future extension of dominion on the part of Portu£?al. Such a proviso it was never intended to niake ; but it is obvious that if no sort of definition of jurisdiction is atten pted, the difficulties on the coast which the Treaty would aim at settling would reappear in an aggravated form in the interior." His Majesty's Government is gratified with Lord Granville's declaration, tha.t there was never any intention of inserting any stipulation contrary to the future extension of the dominion of Portugal. The objections raised in my despatch of the 26th December to the Declaration suggested by Lord Granville in this respect hold good. But it will not be difficult, setting aside for the moment the fixing of limits which presents invincible practical difficulties, to agree on such Declarations or stipulations in this respect as shall guarantee "the rights and engagements of foreigners," or the territories legitimately acquired or occupied by other States in the interior. In the present stage of the negotiation, and accepted as Articles I, II, and IV of the draft Convention are byHer Britannic Majesty's Government, referring to the recognition of the sovereignty of Portugal over the territories of the Zaire, freedom of navigation in the rivers, and the treatment of Her Britannic Majesty's subjects in the Portuguese possessions of Africa, and of Article VI relating to Ajuda, it only remains for Lord Granville to be good enough to draw up the Articles which, in his opinion, ought to substitute III and V of the draft, in accordance with the observations exchanged between the two Governments ; and, further, any Declaration or stipulation relative to the two points I have just mentioned. If the Articles or stipulations arrive drafted in such a manner as not to present the smallest doubt or objection to His Majesty's Government, your Excellency will receive instructions to sign the proposed Treaty or Convention. If they raise any doubt, I will hasten to bring the same before Her Britannic Majesty's Government, with the conviction that it will not be difficult to arrive at an agreement, which is rendered necessary by the press of circumstances and by the general interests of civilization. The actual condition of the districts on the Zaire, exempt as they are from any civilized jurisdiction, is insufferable, and it will be still more so as the commercial interests of the different nations, and the rival pretensions which are in process of development there, increase. For the creation of these commercial interests, which date principally from the time when the Slave Trade in those regions began to assume the form of legitimate commerce, Portugal prepared the field in great part by her expeditions of 1863 and 1855, granting, alternately, security to commerce by the repression of the depredations committed by the natives, and by signing Conventions with the Chiefs, by which the latter, while renewing their declaration of vassalage to the Portuguese Crown, bound themselves to respect the establishments of the Europeans. Such expeditions and such repression were subsequently renewed at different times, and especially in 1869, and even recently at the end of the year 1882. His Majesty's Government records these facts, because they signify services recently rendered to the cause of the civiUzation of that part of the African continent, and it is not necessary to allude to former services, because the indelible proof of these is shown in the germens of culture, exclusively Portuguese, which are to be found among those people, principally in the inhabitants of Cabinda, and which consist in a know- ledge of the Portuguese language, the abiHty to read and write, and various usages and customs which denote the dissemination among them of certain notions and certsjin necessities of civilized life, not readily met with among the greater part of the African negro races. I will now proceed to the question of our historic rights, which is one of the points Lord Granville refers to in his note. With the object of distinctly defining the motives of the Government of Her Britannic Majesty in entering into these negotiations, Lord Gianville observes that 'Her Majesty's Government have never receded, and do not now recede, from their contention that the claim of Portugal is not established. But they are not looking back to the past, they are providing for the future. Considering the fact that trade of a 17 legitimate character is now being developed in this district, in which there was formerly no traffic but that in human beine;s, they were disposed to think that it would be desirable that the control and police should be in the hands of an European Power; and out of friendship to Portugal they would be prepared to recognize her as that Power, with the full confidence that their action in so doing would be justly appreciated ; but they feel it absolutely incumbent on them to make their recognition dependent on certain condition?. " That, finally, the position of Her Majesty's Government, from their own point of view, is not that of asking concessions as a favour, but of attaching them as a condition," His jMajesty' Government does not make this negotiation a question of national amour-propre. It maintains the conviction that the rights of sovereignty of Portugal oyer the < territories treated of are incontestable ; but on practical grounds also it is disposed not to look back upon the past, and it does not hesitate to accept the admis- sion of this its sovereignty on the part of Great Britain as a matter of general interest to civilizatiop, in order to regulate the position those territories are now in ; it appreciates the sentiments of friendship which dictate the proceedings of its ancient ally, and is disposed to agree to the stipulations which are already negotiated and accepted by the two parties, apd to such others as may be agreed upon, not as concessions on its part, but as conditionp of reciprocal interest in an international pact. The Convention once made, and the question thus resolved on practical grounds without injury to the dignity of either of the Governments, the former divergence of opinion which existed between them will thus have but a mere historical interest, and remain without important results. At the close of his note, and in order to strengthen his remarks that the Convention ought to offer guarantees, not only to British commerce but to all nations having interests on the Zaire, Lord Granville appears to doubt whether, Portuguese sovereignty being recognized by England, it will be so recognized by the other nations. That the Treaty or Convention should contain guarantees for the interests of any nation whatsoever existing at any point that may be occupied by Portilgal the Govern- ment of His Majesty is entirely in accord. But that the sovereignty of Portugal, the Treaty once made with Great Britain, should not be recognized by any other nation. His Majesty's Government has not the shghtest fear. In the first place, even without the Treaty, no European nation, unless it be the Government of Her Britannic Majesty, since the year 1846, has ever disputed the rights of sovereignty of the Crown of Portugal over the territories treated of. In the second place, such nations as have any interests there have more or less explicitly recognized those rights. France acknowledged them by the Treaty of 1786, and if this date be somewhat remofp, it is equally certain that even recently, on the occasion of the approval of a Treaty made in the name of France with one of the inland Chiefs in the vicinity of the Congo, the French Government, both by its declarations in the Senate, and more explicity by the declarations M. Duclerc made to His ]Vlajesty's Charge d' Affaires, showed that it respects the reservation of the rights of Portugal. The Dutch Government, in a note addressed to the Charge d' Affaires of Portugal by M. Rochussen, on the 13th January last, says: "It hopes that Portuguese authority once established in those regions" (the banks of the Congo), "no immnnity or guarantee would be granted in the matter of commerce and navigation, or any other analogous interest, to any other third nation that would not at the same time, and by full force of right, be extended to the Netherlands ; and to this end it invokes the dispositions of the Treaty of Commerce, and the friendly relations existing between the two countries. This mode of speaking excludes all ideas of resistance to the jurisdiction of Portugal in the territories treated of, because, for such an event, it claims the treatment of the most favoured nation, and bases such claim on the Treaty of Commerce. Finally, Germany, in the year 1870, in the most explicit and formal manner, recognized the rights of sovereignty of Portugal over those territories, when she, on the 27th December of that year, through her iVIinister Plenipotentiary in Lisbon, protested against the capture of- the German merchant-ship "Hero" by a PVench corvette in the Portuguese territorial waters of the port of Banana, at the mouth of the Zaire, a,nd invited His xMajesiy's Government to take the necessary steps in view of the violation of the neutralitv of its territory. 1 must add that the French Governor of the Gaboon, whither the French corvette had taken the ship "Hero" as a prize of war, ordered the release of her crew and replaced the said ship in the port of Banana, in whose waters she remained until the close of the Franco-German war, undoubtedly because the Governor recognized that the vessel [198] D2 18 had been captured wrongfully, and in violation of the law of nations, by reason of the act having been practised in the territorial waters of a neutral State. True it is, there- fore, that the reservation of the rights of Portugal to the territories mentioned has been a principle generally admitted and respected among the European nations. Your Excellency will communicate this despatch to Lord Granville, and leave a copy of it with him, begging him to be good enough to forward, for the consideration of His Majesty's Government, as he states he is prepared to do in his note, the draft of the Articles relative to which no agreement has yet been come to, and which shall embrace the points referred to in the said note. Your Excellency may also assure him that His Majesty's Government is disposed to agree to any reasonable conditions compatible with the dignity and rights of the Portuguese Crown as regards the co-operation of the two Governments for the complete extinction of the Slave Trade on the East Coast of Africa, and which shall give the largest amount of security to the trade of all nations, and to the legitimate interests, of whatsoever kind, created in the districts of the Zaire as regards the economical, political, and administrative regimen of those districts. His Majesty's Government prides itself in the belief that the effective extension of its jurisdiction in these territories will contribute towards the civilization of the indigenous races who inhabit them, without prejudicing, but rather facilitating, communications and transit to the interior of the African continent, which offers a vast field for the commercial, scientific, and religious exploration of the whole civilized world. God preserve, &c. (Signed) A. DE SERPA. No. 10. Barl Granville to M. d'Antas. M. ie Ministrcj Foreign Office, June 1, 1883. 1 HAVE the honour to forward, in compliance with the invitation given in the iiote from Senhor Serpa which you were good enough to communicate to me on the "29th March, a draft of Articles suitable, in the opinion of Her Majesty's Government, for adoption in the African Convention which is the subject of negotiation between the two Governmenrs. The views of both Governments have been so fully stated in tecent correspondence that I propose only to append, in explanation, the following observations. The accepted principles recorded in the 1st, Ilnd, and IV^th Articles of the draft inclosed in the note from Senhor Serpa of the 26th December last are comprised in the Articles now sent ; that is, the recognition of the sovereignty of the King of Portugal over the coast up to 5° 12' of south latitude, the freedom of the navigation of the Rivers Congo and Zambesi, the equality of treatment of British and Portuguese subjects in the African Colonies of Portugal, religious liberty, and respect for Agree- ments between Great Britain and native Chiefs. That these principles are cordially accepted by Portugal is evident from the liberal sentiments to which Senhor Serpa gives utterance in his note of the 24:th March; the Articles, as now drafted, clearly assert them, and define their meaning so as to preveut, as far as possible, any mis- understanding on the part of the local officials and of traders of foreign nationalities. The proposed extension of the privileges and immunities accorded to British subjects to subjects of other countries is not likely to meet with objections on the part of the Portuguese Government. The draft of Article VIH, in which the Tariff" of the Province of Mozambique, estab- lished in 1877, is adopted as the basis of the General Tariff", provides, in accordance with the wish expressed by Senhor Serpa in his above-mentioned note, ibr a periodical revision of the Tariff. The opening of the coasting trade, which is provided for in the Mozambique Tariff, is specially recorded in the draft of Article III. In view of the strong feeling manifested in the recent debate in the House of Commons as to security being given for the protection of native Chiefs with whom Great Britain has Treaties or engagements, a provision for such security has been inserted in the draft of Article VII. Senhor Serpa jnsisted in his note upon the difficulties of fixing an interior limit of th- Portuguese possessions. The difficulties are undoubtedly considerable, bu^ they are not insuperable, and it is essential in the interests of commerce that they should be overcome 'I'he Convention deals with the treatment of goods entering Portuguese territorv and of those passing through in transit. It is needless to dilate on the confusion that would obviously arise if officials and traders were alike ignorant of the points at which the 19 frontier would be crossed. Article I, as now drafted, will, it is hoped, prove sufficient for present purposes. The necessity of giving security to the various British Missions in the neighbour- hood of Lake N'yassa has been met by the definition of frontier recorded in the draft of Article XI II. Senhor Serpa is doubtless aware of the very extensive powers at present enjoyed by Her Majesty's naval forces on the coast between 5° 12' and Ambriz under various engage- ments with native Chiefs. Pubhc opinion in this country would undoubtedly be adverse to a restriction of these powers, unless it were compensated by increased efficiency in the measures for the s^eneral suppression of the Shive Trade on the African continent. The draft of Article XI gives this compensation by providing for the effective co-operation o. the two Powers. I will only add, in conclusion, that the information in possession of Her Majesty's Government as to the general recognition by other countries of the sovereignty of Portugal over the territory on the West Coast with which the Convention deals does not support the view of Senhor Serpa, who considers that he may lay claim to the recognition of France. M. Challemel-Lacour, in a recent conversation with Her Majesty's Ambassador at Paris, distinctly denied that the pretensions of Portugal to that part of the coast are admitted by France. I refer to this as showing that the argument of which I made use in my note of the 16th March, as to the futility of a mere dual arrangement between the two countries, unrecognized by other Powers, is strongly fortified by this statement of the views of the French Government. It is to be hoped, however, that the assent of all civilized Powers would be accorded to the provisions of such a Convention as that now under consideration. I have, &c. (Signed) GRANVILLE. Ifo. 11. M. de Serpa io M. d'Antas. — (Communicated to Earl Granville by M. d'Antas, July 7.) (Translation.) Lisbon, June 26, 1883. HIS Majesty's Government have examined with the greatest attention Lord Granville's note, dated the I'st June, as well as the draft Convention accompanying it. There is a remarkable difference between the stipulations contained in this draft and those which the Government of Her Britannic Majesty, in their note of the 23rd January, said they were prepared to accept. In that note Lord Granville said : " That Her Majesty's Government see no objection to the terms of Articles I, IT, and IV, and are prepared to accept a VI th Article in the sense indicated by you in lieu of that part of the proposed declaration which related to the extension of the Portuguese possessions inland.'' The Articles above mentioned were those of the draft forwarded with my despatch of the 26th December. With regard to Article III of the same draft, Lord Granville wrote : " That Her Majesty's Government would be prepared to accept an Article, in the place of the present Article III, which should provide that the Taritf to be put in force in the districts in question should be similar to that settled for the Mozambique in 1877, and that none of the Tariffs in the Portuguese possessions in Africa should be liable to be raised so long as the Convention now under consideration is in force." With regard to Article V, Lord Granville proposed to substitute it by Articles XII and XIII of the Lorengo Marques Treaty. So there were only two points to settle, and both of them of an easy settlement. With regard to Article III, I wrote you in my despatch of the 1st February that T hoped Her Biitannic Majesty's Government would be satisfied with the note you said you were going to address to them. Then, as now, His Majesty's Government would have no difficulty in accepting for the Zaire districts the Mozambique Tariff; neither would they refuse to engage not to raise the Tariffs in the other Portuguese African Colonies for a length of time to be agreed upon. , .^ , • . With reference to Article V, I informed you that you could, if otherwise impossible, accept the substitution proposed by Lord Granville, with the addition as settled by the Protocol of the 31st December, 18S0. Thus, on the 1st February, the negotiations seemed to be in the way of coming to a speedy conclusion. But, on the 1 5th March, Lord Granville addressed to you a note in 20 which it was stated that, " while the views of the two Governments are in harmony upon some of the principal points, there is a divergence which requires to be reconciled upon some questions of vital importance."' j i £ ^ • In that note, after making different remarks, and having observed that ' trade is sensitive, and religious bodies are easily alarmed," Lord Granville, having considered various subjects, made some observations upon the following points : with regard to the understanding to be arrived at for the complete suppression of the Slave Trade he insisted on the respective Articles of the Lorenqo Marques Treaty, and recalled the arrangements adopted in the Protocols of 1847 and 1850 relating to this subject, but he added that " Her Majesty's Government would be ready to agr6e to any form of words which would, in their opinion, effectually provide for the suppression of Slave^ Trade in Africa by the joint and separate action of the forces of F^ngiand and Portugal." Further on Lord Granville says that in the Zaire districts "there should be no differential dues, no transit dues, the freedom of trade and navigation of the River Congo should be absolute, involving exemption from all river dues or tolls." He adds that : " Equality should be secured to missionaries of all creeds ;"^ and, finally, he insists on the necessity of a " geographical definition " inland, having " due regard to ihe rights and engagements of foreigners beyond the existing frontier, and to the convenience of other States,'' which would, however, " in no way interfere with the future bond fide extension of Portuguese dominion in fields open to annexation." In reply to this note I made some remarks in my despatch of the 24th March, copy of which I requested you to deliver to Lord Granville, but agreeing, in principle, with the greatest part of the considerations in Lord Granville's note, and objecting only to the immediate definition of an inland frontier of the Zaire districts, which, it seemed to me, presented difficulties almost practically unsurmountable. I added that, in the present state of the negotiations, it only remained that Lord Granville would be kind enough to draw up the Articles which, in his opinion, ought to be inserted in lieu of Articles III and V of the draft Convention, in accordance with the remarks exchanged between the two Govern- ments, and, further, in harmony with any declaration or stipulation referring to the views of the question as lately presented. What His Majesty's Government were not at all prepared for was to find in the draft accompanying Lord Granville's last note such deep alteration in the form and sense of those Articles which had already been agreed upon by the two Governtnents, and other Articles, embodying new and important points, which had not been previously discussed. Some of the provisions newly introduced seem to be simply the expression of a suspicion entirely unjustifiable, but there are others which His Majesty's Government cannot accept. Still, such is this Government's anxiety to comply, to the greatest possible extent, with Her Britannic Majesty's Govej-nment's wishes, that I am going to mention the modifications and suppressions which His iVlajesty's Government think necessary before they can sign the Convention, and I will accompany it with a short statement of the reasons. It is useless to repeat that His Majesty's Government will not enter now upon the question of their rights, whicli they always considered to be indisputable, but they will start with the assumption of accepting the acknowledgment by Great Britain of the jurisdiction of Portugal as an act of general advantage. Article I of the new draft Convention, whilst recognizing the sovereignty of Portugal over that part of the coast situated between 8° and 5° 12' south latitude, marks Porto da Lenha as the limit of it on the River Zaire or Congo. This place is at a distance of 30 miles only from the coast. The marking of it as the limit on the river seems to be the result of some mistake, because no reason exists to justify it, either geographical, ethnographical, historical, or traditional, it is not based on any order of facts, and it would annul all the meaning and all the advantages to civilization to be derived from the international pact now under consideration. Above Porto da Lenha the navigation of the river is easy up to Vivi, there are factories of different nationalities, there are Catholic and Protestant missions, there is an active trade l)etween foreigners and natives, and the same social and economical state exists there as in the lower part of the river. If this state in uncertain, inconvenient, and contrary to civilization for the want of any law, and for the absence of any safety deriving from a civilived jurisdiction up to Porto da Lenha, why is it not so in the territories above, where precisely the same conditions exist ? If the Convention came to be put in force with such a clause, the obvious result would be that those who, moved by a mean and illusive immediate interest, prefer carrying on 21 their commercial operations in neutral territories, where there is no civilized jurisdiction, where slavery, more or less disguised, can exist, where everybody by taking the, law in their own hands can throw the negroes into the river, hands and feet tied, as happened m 1877, in order to insm'e respect for the white man's property, those would go and settle above Porto da Lenha, and the social state which it is intended to suppress by the Convention up to 30 miles from the coast woi?ld find itself sanctioned above that point. Portugal would have then, by Article V, simply the burden of lighting the coasts and erecting beacons and marks in order to guide safely the navigation to that region sadly privileged. The Portuguese jurisdiction would be fruitless if it did not embrace all the najvigfible part of the Lower Congo from its mouth. I may add, ere passant, that mvn territories. The King's Government will never seek to draw from their fiscal system in the territories in question more than the sums absolutely indispensable to provide for the requirements of the Administration and of justice, that is to say, to guarantee the safety of property and all the other interests of civilization. Finally, as regards the River Shire, I shall await the instructions of the King's Government, and then bring them at once to your Excellency's knowledge. But, mean- while, I would take the liberty to submit to the high appreciation of your Excellency the great utility, in order to arrive at a prompt solution of the questions relating to West Africa, of separating them as far as possible from questions relating to East Africa, with the understanding, should the need arise, that these latter shall be specially dealt with later. I regret, M. le Comte, that your Excellency has not been able to accept the provision I proposed limiting to a period of three years, to be renewed if necessary, the fiacility to be accorded to British cruizers in West Africa of acting in Portuguese waters. This limitation, as your Excellency knows, was inserted in the Protocols of 1847 and ] 850, that is to say, at a period when the Slave Trade had attained proportions which it is far from having to-day. , I will not insist on my proposal; but I wish to be allowed to say that the British Parliament and nation cannot, without a crying injustice to Portugal, consider it "as indicative of a desire to sacrifice the aim of the Treaty to the interests of the Slave Traffic." Your Excellency will have the justice to admit how greatly such an imputation is unmerited, and it may be added that Portugal has placed herself in this respect beyond all suspicion. "She has— as M. de Serpa remarks in his despatch of the 26th December last— at 28 the price of great and constant efforts and heavy sacrifices, succeeded in rooting out slavery in the African territories under the Crown. No .nation more than Portugal has seconded, as far as its resources permitted, the indefatigable initiative of Bntam in her highly civilizing and highlv humanitarian task of suppressing the Slave Trade ; and Her Britannic Majesty's Government has often rendered justice to the efficacy of this co-operation." I SGIZG &C (Signed) ' MIGUEL MARTINS D'ANTAS. m. 16. M. d'Antas to Earl Granville. — {Received September 13.) M. le Comte, - Londres, le 11 Septembre, 1883. LES instructions que j'ai revues du Gouvernement du Roi, mon auguste Souve- rain, m'autorisent k confirmer ce que j'ai eu I'honneur de dire h votre Excellence dans ma note du 28 Aout dernier. Ainsi que je I'avais presume, il est pret k donner satisfaction au Gouvernement de Sa Majeste Britannique sur trois des points touches dans la note que votre Excellence a bien voulu m'adresser le 21 Aout dernier, cest-a- dire, en ce qui concerne la liberte du cabotage, I'elimination de quelques mots restrictifs a I'Article "VI du Projet de Convention, et la dispense de certaines formalitds sanitaires. Mais le Gouvernement du Roi, bien qu'anime d'un vif et tr&s sincere desir d'arriver h un accord, ne pent acceder aux demandes du Gouvernement de Sa Majeste Britannique que pour ce qui concerne la liberte de transit et la fixation immediate des limits de la juridiction de la Couronne de Portugal sur le Chire. Que votre Excellence me permette d'appeler son attention sur ce que j'ai eu I'honneur de lui exposer au sujet de ces deux points dans ma note susmentionnee, en ajoutant que m6me sur le Congo la libert6 de transit presente de graves inconvenients. Les autorites fiscales Portugaises auraient probablement les moyens de surveiller sur le fleuve les marchandises declarees en transit jusqu'k ce qu'elles fussent arrivees a un certain point en dehors de la juridiction de la Couronne de Portugal ; mais il leur serait impossible d'emp^cher qu6 bient6t aprfes ces marchandises ne fussent introduites en fraude, par la voie de terre, dans les territoires soumis ci la juridiction de la Couronne de Portugal. Or, qu'il me soit permis de le repeter, on ne pourrait, dans I'etat actuel des choses, etablir sur les territoires dont il est question une surveillance fiscale a I'aide de kquelle on put eviter la fraude. Ainsi que j'ai eu I'honneur de le dire a votre Excellence dans ma-note du 28 Aout dernier, tant que I'^tat actuel des territoires Africains dont il s'agit n'aura pas ^te sensible- ment modifid, le Gouvernement du Roi ne pourra, en fait de liberte de transit, que s'engager k ce qu'aucun droit, de quelque nature et sous quelque denomination que ce soit, ne vienne frapper les marchandises qui auront 4t6 l^galement importees dans les territoires de la Couronne, c'est-k-dire, sous le regime du Tarif tres liberal adopte pour la Province de Mozambique. Je saisis, &c. (Sign^) MIGUEL MARTINS D'ANTAS. (Translation.) M. le Comte, _ London, September 11, 1883. THE instructions that I have received from the Government of the King, my august Sovereign, authorize me to confirm what 1 had the honour to communicate to your Excellency in my note of the 28th August last. As 1 had anticipated, it is ready to satisfy Her Majesty's Government on three of the points alluded to in the note that your Excellency was good enough to address to me on the 21st August last, that is, to say, on those which concern the liberty of the coasting trade, the withdrawal of certain restrictive phrases from the Vlth Article of the draft Convention, and the exemption from certain sanitary form ah ties. But the Government of the King, although animated by a lively and very sincere desire to come to an agreement, is not able to accede to the demands of Her Majesty's Government with regard to freedom of transit and the immediate delimitation of the juris- diction of the Crown of Portugal on the Shire. Will your Excellency allow me to call your attention to what I had the honour ta point 29 out to you on the subject of these two points in my above-mentioned note, adding that even on the Congo freedom of transit is fraught with serious difficulties ? The Portuguese fiscal authorities would probably have the means of supervising on the river the merchandize declared in transit until it arrived at a given point outside the jurisdiction of the Crown of Portugal ; but it would be impossible for them to prevent these goods being immediately afterwards fraudulently introduced by land into territory within the jurisdiction of the Crown of Portugal. Again may I be allowed to repeat that it would not be possible, under the existing state of things, to establish in the territories now in question a fiscal supervision by means of which fraud could be prevented. As I have had the honour to inform your Excellency in my note of the 28th August last, so long as the actual condition of the African territories in question shall not have considerably altered, the King's Government cannot, as regards free transit, engage them- selves further than that no duty of whatever nature or under whatever denomination shall be levied on goods which have been legally imported into the territories of the Crown, that is to say, tinder the r%ime of the very liberal Tariff adopted for the Province of Mozambique. I have, &c. (Signed) MIGUEL MARTINS D'ANTAS. No. 17. Earl Granville to M, d'Antas. M. le Ministre, ° Foreign Office, September 17, 1883. I HAVE the honour to acknowledge the receipt of your note of the 1 1th instant, containing the reply of the Portuguese Government to my note of the 21st ultimo, and to inform you that it shall receive the careful attention of Her Majesty's Govern- ment. Meanwhile, I beg leave to make the following observations upon some of the points to which it refers, and to which you directed my attention in your note of the 28th ultimo. The question of transit dues is one of vital importance. As regards the principle or exemption, I presume that both Governments are agreed. An effective barrier against the development of trade in Central Africa has been the system under which each native Chief levies a toll upon goods passing through his district; the abolition of this system is one of the chief benefits to be anticipated from the contact of civilized with the savage communities, and there would be little hope of its attainment if the latter were to find that a practice similar to their own were adopted by their civilized Heighbours. I gather, however, from your note that you do not expect any difference of opinion as to the principle of freedom of transit, but that you fear that it may be found that the difficulties of working the details may be insurmountable, I am ready to admit that there is much force in some of the arguments which you employ. It is undoubtedly true that in the absence of roads into the interior the delay in the trarismission of goods, and the uncertainty as to the points at which they \irould cross the frontier, would seriously embarrass the control of a transit trade. Her Majesty's Government would therefore be disposed to modify the stipulation. The Mmit of the modification which they would accept cannot be better indicated than by the words of M, de Serpa's despatch of the 26th June, in which he speaks of free transit as "se rapportant seulement aux voies ferries ou fluviales, qui peuvent les unes et les autres etre efficacement soumises b. la surveillance fiscale." In a country under the conditions of Central Africa " roads " would naturally in this definition be substituted for "railroads;" but in the territory under consideration neither exist. "Voies fluviales" however, do exist, and form the channels of trade into the interior, and on these channels^ practical difficulties would disappear. If the Lower Congo were in the effective occupation of Portugal there would be no greater obstacles to a proper fiscal control of the transit trade than are to be found on most of the great water- ways of the civilized worid. Custom-houses would naturally be established at the mouth of the river, and at points on the internal frontier through which goods destined for the interior would of necessity pass, and the police of the nver would prevent fraud or ' ^So far the way to an agreement would appear to be smooth, but an unexpected pbstdcle arise? from the suggestion made by you that your Government might prefer. 30 instead of dealing at once with the question of transit trade, to wait until they should be able to negotiate Transit Conventions with such civilized States as may in the course ot time be established in the interior. This suggestion appears to me to be rounded on a reversal of the ideas by which the question should be governed. No civi ized States exist in the interior, nor are they likely to be created unless the civilized world should have free access to it. To interpose obstacles to the freedom of access would be to delay indefinitelv the apnroacli of the civilizing element, and, consequently, the establishment of civilized States! The system of Commercial Treaties in rprce »n Europe is, it is needless to say, inapplicable to Central Africa, where demand tor trade has to be created or encouraged, and although -the eventual conclusion of such Treaties may be necessary for the free exportation by land of African produce, they cannot be in any way requisite for the admission of European goods to the interior nor for the passage of native exports by the river routes. The imposition of the differential duties of the Portuguese Tariff upon the commerce of the whole world with the valleys of the Congo and its affluents for passing along a few miles of the river which is now practically free, and which will for the first time be recognized as in Portuguese territory by the proposed Treaty, is a condition to which Her Majesty's Government could never consent, and of which they believe that your Govern- ment can hardly have understood the consequences. They would, however, be prepared, as I have said, so far to modify Article IV as to exclude from its operation those parts of the territory specified in Article I in which there is no water communication with the interior. Turning to the paragraph in your note which refers to the River Shire, I must express the surprise with which I have read your remark that it would be advisable not to treat in the Convention questions referring to Eastern Africa. The terms of the Ilnd Article of the draft originally proposed by the Portuguese Government were : " The navigation of the Congo and the Zambesi and their affluents shall be free, and not subject to any monopoly or exclusive concession." The same words appear in the Ilird Article of the Portuguese draft communicated by you on the 26th July last. The question, therefore, of the Shire, which is the affluent of the Zambesi in which Great Britain is at present principally interested, is not now raised by Her Majesty's Government as one breaking fresh ground, but was introduced originally into the negotiations by the Government of Portugal, and naturally takes its place in their development. It may facilitate the consideration of the general question if you would be good enough to communicate the above observations to M. de Serpa. I have, &c. (Signed) GRANVILLE. No. 18. M. d'Antas to Earl Granville. — {Received September 26.) M, le Comte, Londres, le 24 Septembre, 1883. J'AI eu I'honneur de recevoir la note que votre Excellence m'a adressee en date du 17 courant. J'en ai donne connaissance au Gouvernement du Roi et je transmettrai h votre Excellence sa reponse d^s que je I'aurai re9ue. En attendant, je m'empresse d'assurer h votre Excellence que I'observation que je faisais, dans ma note du 28 Aout dernier, au sujet du Chire, ne derogeait en rien au principe, pose dans le Projet de Convention, de la liberte de navigation sur le Zamb^ze et ses affluents. Mon observation se rapportait ^ une question de detail, a la demande faite par le Gouvernement de Sa Majesty Britannique de fixer des limites k la juridiction de la Couronne de Portugal sur le Chire, demande a laquelle le Gouvernement du Roi ne peut pas acceder, ainsi que M. de Serpa le declare et I'expHque dans sa d^p^che du 26 Juin dernier, communiqu^e a votre Excellence le 7 Juillet. Si les difficult^s mentionnees dans la note du 17 courant sont, comme j'ai tout lieu de le croire, les seules qui arretent encore le Gouvernement de Sa Majeste Britannique, il m'est done permis d'esp6rer que nous touchons, enfin, a un accord si ardemment desird par le Gouvernement du Roi et en vue duquel il a fait tant de concessions. Je serais tr^s heureux si votre Excellence voulait bien me confirmer cette appreciation. Aujourd'hui qu'il se cr^e dans I'Afrique Occidentale tant d'int^r^ts nouveaux, une solution quelconque des ndgociations pendantes a un caract^re exceptionnel d'urgence qui frappe vivement 31 les esprits en Portugal et qui n'^chappera pas k la sagacity du Gouvernement de Sa Majeste Uritannique. Je saisis, &c. (Signd) MIGUEL MARTINS D'ANTAS. (Translation.) H^u™*% , London, September 24, 1883. 1 HAVE had the honour to receive the note that your Excellency addressed to me on the 17th instant, I communicated it to the Government of the King, and 1 will transmit your Excellency their reply as soon as I shall have received it. In the meanwhile, I hasten to assure your Excellency that the observation I made in my note of the 28th August last on the subject of the Shire did not in the least detract from the pnticiple laid down in the draft Convention relative to the free navigation of the Zambesi and its affluents. My observation related to a question of detail, to the demand made by Her Majesty's Government for fixing the hmits of the jurisdiction of the Portuguese Crown on the Shire, a demand which the Government of the King cannot agree to, as M, de Serpa points out and explains in his despatch of the 26th June last, which was communicated to your Excellency on the 7th July. If the difficulties alluded to in the note' of the 17th instant are, as 1 have every reason to believe, the only ones which still hinder Her Majesty's Government, I am induced to hope that at length we are arriving at an agreement so ardently longed for by the Govern- ment of the King, and in view of which it has made so many concessions. I should be indeed happy if your Excellency would confirm me in this opinion. At a time when so niany new interests are being created in Western Africa a solution of the pending negotia- tions is of an exceptional importance, which keenly interests minds in Portugal, and which will not escape the sagacity of Her Majesty's Government. I have, &c. (Signed) MIGUEL MARTINS D'ANTAS. No. 19. M. dJAntas to Earl Granville. — {Received October 18.) M. le Comte, Londres, le 17 Octobre, 1883. LE Gouvernement du Roi, mon auguste Souverain, a la connaissance duquel j'ai porte !a note que votre Excellence m'a fait I'honneur de m'adresser le 17 Septembre dernier, a vu avec grand plaisir que le Gouvernement de Sa Majeste Britannique, recon- naissant les difficultes pratiques de I'execution de I'Article IV du Projet de Convention, se trouve dispose h le modifier en limitant la franchise du transit aux voies fluviales. De son c6t6, le Gouvernement du Roi a etudie les questions diverses qui se rattachent k ce point important de la n^gociation, et il me charge de comrauniquer a votre Excellence le resultat de cet examen. Ainsi que votre Excellence le sait, le Congo, dans sa partie inf^rieure, qui traverse des territoires dont le Portugal reclame la souverainete, n'est navigable que jusqu'a Vivi. Les marchandises en destination de I'interieur de I'Afrique devront y dtre debarquees pour 6tre de la dirigees, pour la voie de terre, vers la partie superieure du Congo, qui de nouveau devient navigable. Le Gouvernement du Roi n'aurait aucune objection k stipuler I'exemption de tons droits pour les marchandises qui se trouveraient dans ces conditions, c'est-a-dire, qui debarquees k Vivi (ou tout autre endroit voisin que I'on fixerait) seraient ensuite transportees vers un point, dont on conviendrait, en dehors du territoire Portugais. Le transit commercial vers I'interieur de I'Afrique, k travers le territoire Portugais, restera done libre par la voie la plus appropriee et la plus avantageuse au commerce ; et si, dans I'avenir, on venait a construire un chemin de fer qui, partant d'un point quelconque de la partie inferieure du Congo, se terminait en dehors du territoire Portugais, ou a la fronti^re, la mime stipulation serait applicable k cette nouvelle voie. Ce libre transit devra etre surveille par des autorites Portugaises, sans que les formalites que comporte cette surveillance puisseut causer aucune esp^ce de retard aux navires qui transporteront les marchandises ou k i'exp^dition de celles-ci apres leur d^barquement. Les expediteurs seront tenus de prouver que les marchandises sont arriv^es, dans un delai k fixer, au point de destination stipule, en dehors du territoire Portugais. Sur ce [198] F 32 point devra se trouver une autorite Portugaise qui puisse constater I'arriv^e des marchaa-i discs dans un d^lai fixe. En un mot, le libre transit dont 11 s'agit ne sera soumis qu'aux simples formalit6s en usage dans tous les pays civilisds. Les frais de surveillance fiscale restant ^ la charge du Gouvernement du Roi, auquel il incombe egalement, selon 1' Article V du Projet, de pourvoir k la police du fleuve, au balisage, ^clairage des c6tes, &c., on devra, pour subvenir h ces diverses d^penses, stipuler une taxe moderee sur le tonnage au tout autre impot k determiner d'un commun accord. Les dispositions susmentionnees ainsi ajout^es h. I'Article IV donneraient satisfaction aux desirs manifestos par votre Excellence, et se trouveraient d'accord avec les intentions du Gouvernement dii Roi, qui a sans cesse songe aux moyens de rendre aussi facile que possible I'acces de I'Afrique interieure au commerce et a la civilisation. Je saisis, &c. (SignO) MIGUEL MARTINS D'ANTAS. (Translation.) M. le Comte, London, October 17, 1883. THE Government of the King, my august Sovereign, to whose knowledge I brought the note which your Excellency did me the honour to address to me on the 1 7th September last, observe with much pleasure that Her Britannic Majesty's Govern-i ment, recognizing the practical difficulties to the execution of Article IV of the draft Treaty, are disposed to modify it by limiting the free transit of goods to water-ways. On their side, the King's Government have studied the several questions connected with this important point in the negotiations, and they have directed me to communicate to your Excellency the result of this examination. As your Excellency is aware, the lower part of the Congo, which runs through the territories over which Portugal claims sovereignty, is only navigable as far as Vivi. Goods for the interior of Africa must at that point be disembarked for transmission from there by land to the upper part of the Congo, where the river is once more navigable. The King's Government would have no objeciion to stipulating the exemption from all dues of goods coming under this category, that is to say, which after being disembarked at Vivi (or some other adjoining place to be fixed upon) were transported to a place, likewise to be fixed upon, outside Portuguese territory. Transit of goods for the interior of Africa, across Portuguese territory, would thus remain free by the route most used and most advantageous to commerce; and if in the future a railway should be made, which, starting irom a given point on the Lower Congo, had its terminus beyond Portuguese territory, or on the frontier, the same stipulation would be applicable to this new route. This free transit to be under the supervision of the Portuguese authorities, without the formalities necessitated by this supervision being such as to cause any kind of delay either to vessels carrying the goods or to the forwarding on of the goods themselves after their disembarkation. The shippers to be obliged to prove that the goods had, within a certain time to be fixed upon, reached the stipulated point beyond Portuguese territory. At this point a Portuguese functionary would be stationed who could certify to the arrival of the goods within a stated time. In one word, the free transit in question would be subject only to the simple formalities in vogue in civilized countries. Inasmuch as the cost of this Customs supervision would have to be borne by the King's Government, on whom it would likewise devolve, according to Article V of the draft, to provide the river police, the buoying, the lighting of the banks, &c., stipulation should be made, in order to cover these expenses, for a small tax on tonnage or for any other impost to be settled by common consent. The above-mentioned stipulations, if added to Article IV, would meet the wishes expressed by your Excellency, and would be in unison with the desires of the King's Government, who have never ceased to think of means for making access to the interior of Alrica for commerce and civilization as easy as possible. I seize, &c. (Signed) MIGUEL MARTINS D'ANTAS. 33 ; ¥0. 20. Earl Granville to Mr. Baring.* Sir, Foreign Office, November 16, 1883. IN a conversation which I had with M. d'Antas to-day, he observed that the Congo Treaty had certainly not been conceived or drawn up in a manner to avoid arousing the patriotic susceptibiUty of Portugal., There were, he said, three points which would especially serve as a basis on which the opposition to the Treaty would be founded. 1. With regard to the designation of Nokki as the extent of the sovereignty of Portugal, he observed that there would be all the more difficulty in understanding the motives on which that sovereignty was not extended to Vivi, a short distance from Nokki, as Vivi was situated to the south of parallel 5° 12', the limit of the sovereignty which the project of Treaty recognized as belonging to Portugal. If the exclusion of Vivi resulted from fear that the Portuguese Administration might cause embarrassment and difficulties to the establishinent founded by the African Society, the declarations made by Portugal, and the stipulations of the Treaty, were enough to banish such fear. It was, moreover, well to remark that the African Society had acted, to say the least, carelessly in allowing itself to occupy the point in question, and in founding an establishment on territory the sovereignty of which was claimed by the Crown of Portugal, that was to say, the possession of which was the subject of litigation. 2. As regards the declaration that the sovereignty of the Crown of Portugal on the Shire should not extend along the river beyond 60 miles above its confluence with the Zambesi, M. d'Antas observed that this limitation was explained by the necessity under which the British Government were of guaranteeing the situation and interests of certain establishments, especially those founded by missionaries on Lakes Nyassa and Shirwa; but it would certainly be alleged in answer that the Portuguese authorities had not in any way whatever interfered with those establishments, 3. With respect to the International Commission for the navigation of the Congo, composed of Delegates from all the nations interested in the navigation and commerce of that river, M. d'Antas said that this arrangement would meet with serious resistance from the Portuguese Parliament and from public opinion. Before he could recommend his Government to accept the proposed Treaty, it was indispensable that this proposal should be modified by the substitution of a Mixed Commission, to be composed only of Portu- guese and English Delegates. Such a Commission would contain nothing which could wound the susceptibilities and dignity of his country ; it might be defended as being the co-operation of England and Portugal in colonial affairs, as a proof of the good under- standing existing between the two Governments, and a manifestation of the traditional policy of Portugal, whereas an International Commission, on which Delegates of all foreign countries would sit, would certainly be considered in Portugal as a proof of mistrust, a grave attack levelled against that very sovereignty which is recognized as Portuguese by the Treaty ; and it would not fail to be looked upon as a vexatious measure, an outrage, and a humiliation. If, as he supposed, M. d'Antas continued, the object in view was to satisfy all interests, it appeared to him that that object would be completely and perfectly attained by the representation of England on the Commission of Navigation. She ought to impose full and entire confidence to all who sincerely desire the development of commerce and civilization in the regions referred to. Subject to the modification indicated, M. d'Antas said he could recommend the acceptance of the project of Treaty, which would find defenders amongst the important men of Portugal. Their task would be less difficult if, in addition to that modification, the Government of Her Britannic Majesty would take into consideration his first suggestion and extend in the project of Treaty the sovereignty of Portugal in the Congo as far as Vivi. I told M. d'Antas that 1 would submit what he had said to my colleagues, but that I could not hold out hopes to him of their agreeing to the change. As regarded the question of the Commission my colleagues would not see the reason of the distinction he had drawn. They would think that the European Commission, for which there was the precedent of the Danube Commission, could not be considered inconsistent with the dignity of Portugal, but rather the opposite, and it was an arrange- ment to the principle of which the English Government attached much importance. * The alterations referred to iu No. 20 were communicated to M. d'Antas by anticipation. ri98i G 34 M. d'Antas again urged his view, and pointed out that it was not a concession he asked for, but rather an advantage which he offered to us. He stated that this European Commission would be the weak point of the Treaty which would be most strongly attacked. I repeated my promise to bring the matter before my colleagues, but 1 could not say more. I am, &c. (Signed) GRANVILLE. ITo. 21. Earl Granville to M. d'Antas, M. le Ministre, Foreign Office, January 7, 1884. THE recent correspondence between the two Governments has so far cleared the "way for an agreement upon the points still under discussion in the negotiations respecting the African Treaty that I am now enabled to send you, for submission to the Portuguese Government, a revised draft of Articles. On Articles II, VI, VII, IX, X, and XII it is believed that there rQmains no point of difference. As regards Article I, M. de Serpa, in his note of the 26th June, objected to the selection of Porto da Lenha as the limit of Portuguese sovereignty on the Opngo. His Excellency supported his objection by the argument that, if Portuguese jurisdiction ■were to cease at this point, there would be no civilized jurisdiction to check disorders and abuses on the remainder of the navigable portion of the Lower Congo. Her Majesty's Government admit that this is a sound argument, and are consequently ready to deal with the point in a liberal spirit. They will agree conditionally that the limit shall be fixed at Nokki. I learned with surprise, from the Memorandum which you placed in my hands on the 16th November,* that the importance of this concession had been hardly estimated by you at its true value, and that you are disposed to suggest a further advance of the frontier to Vivi. This suggestion cannot be accepted. The objections to it are, indeed, indicated in your Memorandum. If the two Powers were to select Vivi, where there is already an independent European Settlement, they would court complications which it should be their object to avoid, and which would be avoided by the choice of Nokki ; while, on all other grounds, considering the close proximity of the two places, it must be practically immaterial which is chosen. But the concession on this point is, as I have said, conditional. It has been, QQiltended throughout the negotiations on the part of Her Majesty's Government that the interests of the British establishments on Lakes Nyassa and Shirwa make it imperatively necessary that some limit should in like manner be fixed to the juris- diction of Portugal on the Biver Shire. The Portuguese Government, on the other hand, have contended that no such limit could be fixed. Upon this I have to remark that as the main object of the pending negotiations is to settle questions which, if unsettled, must lead to complications at no distant date, it would be impossible for Her Majesty's Government to pass over a point of such urgent importance to British interests. The British trading and missionary Settlements in the Lake districts must be secured in their independence and freedom of action. They must know th.eir position as regards the transit of their goods ; they must not be left uncertain as to their property. Whether concessions have been granted at Lisbon under the vague terms of which shadowy claims might be preferred to the upper waters of the Shire cannot affect the question. It is an indisputable fact that Portugal never has estab- lished herself on those waters, which were opened up by the English explorer Livingstone. But Her Majesty's Government are ready to, admit the difficulty of fixing a precise limit on an unsettled frontier, and would consequently be satisfied with a definition which, while leaving details to be settled hereafter, would give the required security to the British stations. They will, therefore, consent to accept a provision that no territory is claimed by Portugal on the Shire beyond 60 miles, by the course of the river, above its confluence with the Zambesi, and if this provision is accepted, they will unreservedly agree to the selection of Nokki as the limit on the Congo. If these points are thus settled, the question will still remain of the internal * See No. 20, 85 frontier on the West Coast. M. de Serpa, in tis note of the 26th June, appears to have misunderstood the wording of the English draft of the 1st Article on this point, as he refers to the fact that there is no necessity for defining the northern and southern frontiers of the new territory. The paragraph in the Article to which exception was thus taken did not refer to either of those frontiers, hut to the eastern frontier, which is at present undefined. In the Circular of the 20tli ultimo which you have communicated to me, M. de Serpa gives a rough definition when he says that the territory would comprise the coast tribes of the Lower Congo and the ancient Kingdom of the Congo. The former are expressly referred to in the English draft ; allusion to the latter would serve, in the opinion of Her Majesty's Government, no intelligible purpose. It is evident, however, that the wording of the paragraph must be more distinct. The word " eastern" has consequently been inserted in the revised draft, and a paragraph has been added providing that, when the definition of this frontier shall have been communicated and approved, it shall be recorded in a Protocol to be annexed to the Treaty. Article III has been remodelled, and now comprises the clause respecting the Zambesi and its af&uents, as well as the stipulation relating to the Shire. The provision as to a Eiver Commission has been recast, and on this point I would offer the following observations. M. de Serpa observed, in his note of the 26th June, that an International Com- mission would, in his opinion, be unnecessary and would present obvious political difficulties. This remark shows that his Excellency cannot have altogether understood the nature of the proposal. Her Majesty's Government not only consider that such a Commission would be free from political difficulties, but they further consider that its existence would be of value to the Portuguese Governnaent as a support in questions relating to the control of the navigation, and especially in those affecting foreign trade. It must not be forgotten that the few miles of water with which the draft Convention deals cannot, whoever may be the possessor, be looked upon as a territorial waterway. They form the outlet of a channel draining a continent, with a basin teeming with population, open to traders of all nations ; their position in this respect is altogether exceptional, but the manner in which it has been proposed to deal with them is by no means unprecedented. Portugal has been asked to do what has been done in Europe in pari materid, that is to say, to give a practical guarantee to the world that the freedom of the navigation, for which a stipulation has been made, shall be a reality ; a similar guarantee is, as you are aware, given on the Lower Danube by, the Riparian Powers, where a Commission has been established which is European and not Riparian in character, and where, when the Commission was first called into existence, the banks of the river were under the sovereignty of one Power only, whose sovereignty remained intact. The recognition of the general sovereignty of Portugal over the territory in question would not therefore be prejudiced by the establishment of an International Commission, nor by the reservation of an international servitude in relation to the Congo, justified by physical circumstances, and by the legitimate requirements of commerce in that part of the world. Her Majesty's Government, considering, for these reasons, that there are no political difficulties which would militate against the appointment of an International Commission, have warmly advocated its adoption, on the ground that the question of the freedom of naviga;tion, and the objects of the two Powers in the present negotia- tions, would be thus placed beyond doubt. If they are now prepared to withdraw the suggestion, and to accept the Mixed Anglo-Portuguese Commission suggested by you, they do so with the most unfeigned reluctance, and only because the Portuguese Government, who can alone gauge Portuguese public opinion, declare that the modification is absolutely necessary to secure the acceptance of the Treaty ; in face of such a declaration. Her Majesty's Government cannot insist further on their view, but they wish distinctly to state that they accept the dual Commission in no exclusive spirit with no intention of obtaining any exceptional advantages for British subjects or British commerce, but with the fixed purpose of securing complete freedom for the trade of all nations on the river and with the interior. Article IV in its modified shape will, it is hoped, fairly represent the material concessions on the question of transit duties already practically agreed upon by the two Governments. -i -tj. r i- j The last paragraph of Article V is omitted, as the responsibihty of erecting and maintaining lighthouses and beacons has been transferred to the River Commission Ih Article VIII the alteration suggested by the Portuguese Government m the first paragraph has been accepted, the words '■' the territories mentioned m Article I [198] ■ ^ 2 86 being substituted for " all the African possessions of Portugal." Tbe insertion of the last paragraph but one is also due to the suggestion of M. de Serpa. In Article XI the limitation to the eastern Colonies or possessions of Portugal has, as a concession to the wishes of the Portuguese Government, been adopted. Her Majesty's Governmsnt are also ready to accept, in this Article, as far as possible, the conditions of reciprocity, and a clause to this effect is inserted, which, though differing in its words from the clause in the Portuguese counter-draft, is thought to provide more effectually for the attainment of this object. . It has, however, been thought advisable to add a saving clause to meet the contingency of its being found necessary in either country to seek legislative sanction in order to carry out fully these provisions. Her Majesty's Government are prepared to agree also to a provision requiring that a cruizer acting under the powers conferred by the Article should be accompanied by a naval or other officer of the other High Contracting Party, provided that the words "whenever practicable" be inserted. It is evident that to make the presence of such officer compulsory would, in many cases where rapid action might be imperative, defeat the object which the two Powers have in view. Her Majesty's Government do not doubt that the Government of Portugal will admit the force of this consideration. This Article has been recast accordingly. The Portuguese Government cannot fail to admit that substantial concessions are made in the present draft, and I can therefore only conclude by expressing the hope that it may be found possible to accept it without further discussion. I have, &c. (Signed) GEAiryiLLE. No. 22 M. du Socage to M. d'Antas. — (Communicated in English to Earl Granville hy M. d'Antas, January 31.) (Translation.) (Extract.) Lisbon, January 26, 1884. HIS Majesty's Government have examined with the greatest care and attention Earl Granville's note of the 7th instant, and the new draft of a Treaty which accompanies it, and they are pleased to see that Her Britannic Majesty's Government acknowledge the value of the remarks made by my predecessor, M. Serpa, in his despatch of the 26th June last, regarding Articles I, III, IV, VI [I, and XI of the former draft, now modified. The most important of these modifications is the one referring to the limit of sovereignty on the Zaire, which is at present fixed at Noki instead of at Porto da Lenha. Lord Granville acknowledges the sound arguments employed by M. Serpa to justify the necessity of extending the jurisdiction of Portugal to the whole of the navigable part of the lower Zaire, hut wants Vivi to be left out of this jurisdiction, on account of an European establishment being there already, and adds that this concession is conditional and dependent upon another limitation imposed on the jurisdiction of Portugal on the River Shire. To the acceptance of these two conditions is subject the recognition of the Portuo-uese sovereignty on the Zaire by Her Britannic Majesty's Government. ° As the negotiations now stand it would be out of place and superfluous to discuss • what IS necessary is to decide. Therefore, His Majesty's Government do not discuss but decide, m the presence of powerful circumstances, to accept the conditions proposed bv Her Britannic Ma,jesty's Government. By acting in this way His Majesty's Government show, in the most complete form, that it is not, that it never was, their intention to create obstructions or difficulties to the communications of every nation with the interior of Africa; and they confidently hope that Her Britannic Majesty's Government will be convinced that the increase of jurisdiction of Portugal on the Zaire and the Shire is the most eflScient means of increasing the honest trading and the diff-usion of civilization in those vast regions of the African continent. His Majesty's Government appreciate at its just value Lord Granville s condescension in accepting your Excellency's su^o-estion tn adopt a Mixed Commission (Anglo-Portuguese) instead of the International Commission mentioned m Article III of the former draft, and they feel sure that the aoDrehenJon, manifested by the Prmcipal Secretary of State of Her Britannic Majesty that this deciZn may be viewed by somebody as showing exclusivism or the wish to obtain for the bS trade special advantages not granted to other nations, are without foundation His Majesty's Government regret that the modifications to some of the Articles of 37 the former draft are not so complete as they wished, and as thev had proposed in the despatch before mentioned of the 26th June. But, recognizing the necessity of putting an end to this negotiation, and to the divergence for so many years existing between the two Governments, with serious damage to the interests of Portugal and of the African civilization, considering the inconvenience of the continuation of the present state of things on the territories of the lower Zaire and the adjacent coast, and wishing to give to Her Britannic Majesty's Government one proof more of their sincere wish to tighten with them their relations of friendship and old alliance, they accept the new draft of Convention, which your Excellency can sign without delay. I have to call your Excellency's attention to a few points in the wording which it will be convenient to alter or otherwise add declarations, to either of which your Excellency is here fully authorized. 1. Article III of the new draft limits the jurisdiction of Portugal on the River Shire to 60 miles above its confluence with the Zambesi. I have already informed your Excellency that His Majesty's Government agree with the limitation of our dominion on the Shire; but it seems just to them that a precise and clear geographical limit be fixed now, as it has been done for the Zaire ; and they are of opinion that the confluence of the River Ruo with the Shire quite fulfils such an end, at the same time fully respecting the wishes of Her Britannic Majesty's Government to insure free transit to the goods of the missionaries established in the lakes region on the upper Shire. The circumstance that this point is a very few miles above the limit proposed by Earl Granville will be no reason, I confidently hope, why this suggestion may not be accepted, so much so that it cannot be asserted that all the points actually occupied by Portugal on the lower Shire are included within the 60 miles, but they will be by adopting the limit now proposed. With regard to the definition of boundaries and frontiers, I abstain from making any consideration, as I consider clear the declaration made by Lord Granville in his note of the> 15th March last that Her Britannic Majesty's Government considered that: "In the interests of civilization a geographical definition is indispensable, which would, however, in no way interfere with the future bond fide extension of Portuguese dominion in fields open to annexation." 2. The end of Article VIII stipulates that for the term of ten years the present Customs Tariff in the African possessions of Portugal shall not be revised ; and Lord Granville states in his note that the insertion of this stipulation is due to a suggestion of the Portuguese Government. I believe there has been a mistake in the translation. The suggestion made by His Majesty's Government was that during the term mentioned the present Customs Tariff should not be raised or increased. Certainly Her Britannic Majesty's Government will not object to have the wording of Article VIII amended on this point. The Portuguese Government must have the right of lowering their Tariffs if they think it convenient to their interests and to those of the trade. If Lord Granville thinks best to suppress the paragraph entirely, His Majesty's Government have no objection to it. 3. "With regard to Article XI, His Majesty's Government are of opinion that it would be preferable to substitute the paragraph in this Article beginning with the words, "His Majesty the King," &c., by the paragraph of the Treaty of the 80th May, 1879, dealing with the same subject. Lord Granville will have no objection to accept the wording sanctioned already in a former Treaty. As the last paragraph of the same Article XI is a little vague, His Majesty's Government thirk it convenient to word it in such a way as to avoid the reciprocity being illusory, Lord Granville stating in his note that he is agreeable to accept such a reciprocity ; in case it comes to happen that any provision may require legislative sanction m either country, the same provision shall come into force, as well with regard to one as to the other of the High Contracting Parties, after the legislative sanction has been obtained. If by any circumstance it is not found convenient to alter the Article in this part, a Declaration may be added to the Treaty in the sense indicated. 4. The carrying of the Article XIII of the new draft may offer great difficulties and grave perils, which it is the imperious duty of His Majesty's Government to avoid. You may suggest that Article XIV of the draft formerly presented by Her Britannic Majesty's Government would, not raise the serious difficulties I have men- tioned, as the better opportunity might be chosen for the cession, of the fort. As the Article XIII of the new draft was inserted at the suggestion of this Government, with 38 the intent of being agreeable to Her Britannic Majesty's Governnaent, your Excellency is authorised to admit the wording of the former draft, if Lord Granville, taking into consideration what I have just stated, wUl think it more convenient. I have no doubt in acknowledgini?, as it is asserted by Lord Granville, that important concessions are made in the new draft, and I abstain from discussing those points over which there is still some difference of opinion between the two Governments, as, tor the reasons already stated, His Majesty's Government are ready to accept this new dratt and to conclude a Treaty from which much is to be hoped in favour ot the trade ot all nations and of the African civilization. t j /-i -n a Your Excellency will give communication of this despatch to Lord Granville, and yoa- will proceed to carry out what is ordered in it, employing that care and intelligence of which you have given so many proofs, and in which this Government has the greatest confidence. No. 23. 'Earl Granville to M. d'Antas. M. le Mihistre*, Foreign Office, February 1, 1884. HER Majesty's Government have learnt with much ^ satisfaction from your cbiiitnunication of yesterday that you are authorized to sign, without delay, the African Ti^-eaty the terms of which" have been long under discussion between the two Gbvern- ments. As regards the suggestions made in the note from M. du Bocage which you placed in riiy hands, Her Majesty's Government accept in Article HI the substitution of the wordsi " the confluehce of thfe Un6 ivith that river," for the words, " 60 miles by the course of the river above its confluence with the Zambesi ;" and they agree without hesitatioii to the inserii<5n of the word "raised" instead of "revised" in the last paragraph but bne of Article VIIL They are not, however, disposed to reconsider the wording of the Xlth Article, which has been adopted after much consideration ; to reopen the discussion on this point ^vould cause delay which would be regretted by both GovernTlients, but they are fully prepared to give the assurance required by M. du Bocage, that they interpret the last paragraph of the Article as implying that, in case any of the provisions respecting reciprocity may require legislative sanction iii either country, the sftme provision shall come into force, as well with regard to one as to the other of the HigFi Contracting Parties, after the legislative sanction shall have beeii obtained. The Treaty shall be at once put in the proper form to receive the respective signatures. (Signed) ' GEANVILLE. No. 24. Earl Granville to Mr. Petre. Sir, Foreign Office, February 23, 1884. I IJN CLOSE copies of the draft of the Congo Treaty, the Articles of which are now fihally settled. It had beeb intended that the Treaty should be signed to-day, but the signature has been deferred owing to information received at the last moment on a poini; affecting the ibterests of the Association which is under the control of His Majesty the Kino- of the Belgians. " . ° That Association claims, as you are aware, to have purely benevolent objects ; it seeks neither political advantages nor commercial gain ; the guiding idea is understood to be the spread of dvihzatipn among the tribes of the interior by the establishment in the ceritre of the continent of a chain of scientific posts, from which it is hoped that humanizing influences^ will radiate into the surrounding districts. The enterprise has excited much interest in Europe ; its work is beheved to ^have made some progress • and Her Majesty's Government^ sympathizing with its objects, cannot refuse to listen to the r^^bsehta'tiDbs now made to them. In order to secure communication with the posts of the Association, which is inter- fS-ai^ CHif' -'^^'•"^aTT'^^ '«-* SM tLOILS o as to see hetw. it aziB^ the SmalL I . owiTi^ foT 0ie, strong dowmvard, curr&xbj 3-u2tI/whick,is rery smaHJthen, steer -SO ihatj^cnc see hetw.BzLXlI. & ths ' into shoal 'water. About, half a-rmle ss a, SaTi£.-patch,co-y^ at'E-W.-mfh. 40 yoT-ds froTTL the hzishes i,avtiL 'tit prozcp ofPdbns tears S-S.S-, ds them, and- hauZ -icp ihr the 12 ,0 ^MfS^Jff^ (i;8 ■■ 4i i \% H M-S.Roiiea-1870 \ \ H-M.SXee: 1863 '■ « '■■ reporteii l^ss water i^etleraJJytkan shtmn t>y this Zhaj-t >. 3i '\3 Y 3i 3\ 25- S& 6o 44 m nz 6o ^ 130 60 70 70 /' ,s -■ s /i5 ■•-■ „ J?) c, •S-5 29 i -'■' .^-^ "^ Sof ^- ...J2 ^-9 Tmiie|t'^9 7>---^Jyl2*« 7,9 7 14 e '■ ISO '' ! V..-7^^ lis . ,e-^'i '' \%f 10 10 ^o e ^ ^ i 7 ' 8 , ' e ^ a ^ 2 *jA#H«t», th.e same Scal^ DirectioTLs ScLvaig arr'f' off Zoonga. CampeTidi^ so a^ to see ~beiw.it and' th&Smalll . on its W. side .Toake aN-E. course fallowing for the slTOTig doyvn»var3. cLo-rerd:) so as ±c -pass ahoict j a. CahZe £. of Bzdi I/n'hich, is very smaH) then, steer oLoTig SielT. tajik Thear to the trees ^ so tkat^coL see hetv/.Bxdll & the MorcpcXLgas , othennse you. wiZL get into slical ■water. Ahoxit \alf a.-rml8 a2>ove the Monpangas j'ozl TvUL-pass cb -Sa7i.d,j>atch,coy~atS.Wyyith 22 fms. dose ix> it.Stili Iceep ahozct 40 yards from, the "hzLSJies i^cnizi abo-ve Srass I., then, Tcug tfterrh zcntH grozcp of Falms 'bears S SE-, ■wTiervyotL, rrvust sheer OT^ct tO'wards "^lerrh, OTid/ hazH up for the JFaxtories Wheru -ffz&y open, dear of 1^ie jDoint. CaixtioiL-^* the' hed- of t/ze' Paver appeaz'S sj.ihject to change^ vessels should' proceed with great- ocu.djxorv and. not plcLce' too Tnzuih^ T'eHartce. on, the- depths shewn, on the' Choj-'t . ^.,^'^n First ^h, Jand coiranences /<'S^''- Swall.an' Large 4t 5 ■■■ °umcerl870 x Lee' 1863 '■ 6 isay waief ihxat shown lart- 6 T-) . I t~*t • C I THE EHTRASrCE STJKVEYED BY CAPT?^DAL,R.N. 1825, Corrections and additions lyComm^^GaidiienHortoii.aiidotlier Officers ia 1859. CanmiaiLderM.B.MedlycottJl.KaiLd]Srav?LieTLt?T.H.Flood,R.N. H.M.S. Spiteful, h Stafif Commander lI.H.Haimay,R.N:H.M:.S. ActiTO,1875. Ahove Puerto deuLenha. the River has been drawn, from vario-us imperfect sketches. ■wiOv maneroiLS additions and corrections Try Captain, R.F.Surton 3.M. Consul 1875. Banana Creek from the French Chccrt of J86+. Shark Point, lat. 6?4,36.S_ Long. 12..17. E. ffighWater Y.&C.W^ao^Kise 6 feet. SOUNDINGS IN FATHOMS Magnetie Viu-iation 1883 , deceasiruj cdiout 3 annuall)'. 39 rupted by the rapids of the upper part of the Lower Congo, a road has been constructed at considerable labour and expense by which these obstructions are turned ; this road starts from Vivi, the highest point which can be approached by water, and terminates at Stanley Pool. It appears, however, that in consequence of the strength of the current it is found difficult to land goods at Vivi, and that a landing-station has consequently been formed a few miles lower down the river. This station, which, like Vivi, is on the north bank, is said to be opposite, or nearly opposite, the settlement of Nokki, at which point the limit of the Portuguese frontier is fixed by the 1st Article of the Treaty ; and it is pointed out that if it were included within that frontier it would not serve the purpose of a landing-place for goods which had passed through the Portuguese territory protected by the transit pro- visions of the Treaty ; the conformation of the river, there being rapids immediately above the station, prevents its removal. The point is undoubtedly of importance to the Association, but it is impossible, without a local survey, to ascertain the precise position of the station. Her Majesty's Government therefore suggest an exchange of notes recording that it is understood by the two Governments that the station of the Association, which now exists on the north bank of the Congo, opposite, or nearly opposite, Nokki, shall be, when the line of frontier is finally drawn, outside the limits of the Portuguese territory. You are authorized to address a note in this sense to the Portuguese Government, and if a reply is received by you accepting the proposition, the mutual assurances will be held to be sufficient. You should add that the exact point at which the frontier should be fixed on the north bank can be fixed by the Anglo-Portuguese Commission. As soon as the notes shall have been exchj^nged, theire will be no further obstacle to the signature of the Treaty. I have sent you the substance of this despatch by telegraph, and have requested you to express to the Portuguese Government the regt-et of Her Majesty's Government at the slight delay which has been caused bj' the necessity of comiqg to an understanding on this poijit. I am, &c. (Signed) GRANVILLE. No. 25. Mr. Petre to Earl Oranville. — {Received February 24, 10'30 P.M.) (Telegraphic.) Lisbon, February 24, 1884, 5-30 P.M. I RECEIVED this morning your Lordship's telegram of yesterday. I am informed by the Minister for Foreign Afiairs that the Portuguese Government consents to give me, in an official note, the assurance respecting the Belgian station on the north bank of the Congo, nearly opposite Nokki on the south bank, which Her Majesty's Government require. I am given to understand that I shall receive to-morrow morning his Excellency's answer to ray note on the subject. No. 26. Mr. Petre to Earl Granville. — {Received February 25', 4-45 p.m.) (Telegraphic.) Lisbon, February 25, 1884, 1'55 p.m. I HAVE received from the Portuguese Minister for Foreign Affairs a note containing a distinct assurance that the Belgian station to which your telegram of the 23rd refers, situated on the northern or right bank of the Congo, shall be outside and contiguous to the Portuguese frontier. 2 o as 6 a, 3 «<4 S^ o a- o ^ 5^ ? 1 N % «? ■^ 1- ^ " -* S5-. h-l 00 g 00 a *^ *>* <^ g! 2 r> S' =■ o 1 a ia S O B O Er* CD O 1?! H f> 1. 3 Hd = i O » S g B o f- s. ^ pT t^ o o c. reat ongo 5' !^ O p ^ S' ^ ' b£ 1 &■ <§ <--N •S' 5" g. CD p CO 00 Q, 00 5' s « • 00 o 0- CD •f^ 3. c ? ■g AFRICA. No. 3 (1884). DESPATCH TO HER Mi-TESTY'S MIMSTER AT LISBON INCLOSING THE CONGO TREATY SIGNED PEBRUARY 26, 1884, AND CORRECTED TRANSLATION OF MOZAMBIQUE TARIFF OF 1877. Presented to both Houses of Parliament by Command of Her Majesty. 1884. LONDON": PRINTED BY HARRISON AND SONS. To be purchased, either directly or through any Bookseller, from any of the following Agents, Tiz., Messrs. Hansard, 13, Great Queen Street, W.C., and 32, Abingdon Street, "Westminster ; Messrs. Etbb and Spottiswoode, East Harding Street, Fleet Street, and Sale OfEice, House of Lords Messrs. Adam and Charles Black, of Edinburgh ; Messrs. Alexai^dbr Thom and Co., or Messrs, Hodgeb, Figgis, and Go,, of Dublin, [0.— 8886.] Price dd, Oespfitch to Her Majesty's Minister at Lisbon inclosing the Congo Treaty, signed February 26, 1884, and corrected Translation of Mozambique Treaty of 1877. Earl Granville to Mr. Petre. Sir, Foreign Office, February 26, 1884. I INCLOSE copy of the Treaty with Portugal, which has beea signed to-day, respecting the Eivers Congo and Zambesi, and the territory on the West Coast of Africa situated between the 8° and 5° 12' of south latitude. Tou will observe tha;t it is stipulated in the last Article that the ratifications shall be exchanged as soon as possible. I inclose also copy of the Mozambique Tariff of 1877, to which reference is made in the Treaty. I am, &c. (Signed) GRANVILLE. P.S. — The translation of Schedule A of the Tariff published in the Parliamesntary Papers last year has been found to be in some respects incorrect. In the copy now sent the errors have been corrected. Inclosurc 1. Treaty between Her Majesty and His Majesty the King of Portugal respecting the Rivers Congo and Zambesi, and the Territory on the West Coast of Affica betiveen the 8° and 5° 12' of South Latitude. — Signed at London, February 26, 1884. HER Majesty the Queen of the United Kiilgdom of Great Britain and Ireland, Empress of India, &Cv &c., &c., and His Most Faithful Majesty the King of Por- tugal and the Algaryes, &c., &c., &c., beSng animated with the desire to draw closer the ties of friendship which unite the two nations; to put an end to all difficulties relative to the rights of sove- reignty over the districts at the mouth of the Congo on the "West Coast of Africa, situated between 8° and 5° 12' of south latitude ; to provide for the complete ex- tinction of the Slave Trade ; and to pro- mote the development of comnierce and civilization in the African Continent; have resolved to conclude a Treaty for this purpose, and have named as their Pleni- potentiaries, that is to say : Her Majesty the Queen of the TTnit^d Kiligdom of Great Britain and Ireland, Empress of India, the RigW Honourable Granville George,, Earl Granville, Lord Leveson, a Peer of the United Kingdom, Knight of the Most Noble Order of the Garter, a Member of Her Majesty's Privy Council, Ldrd Warden of the Cinque Ports, and Cohstable of Dover Gastlie, [212] SUA Magestade a Rainha do Reino Unido da Gran Bretanha e Irlanda, Im- peratriz da India, &c,, &c., &c., e Sua Magestade Fidelissima El-Rei de Portugal e dos Algarves, &c., &c., &e., animados do desejo de estreitar os vinculos de amlsade que unem as duas na98es ; p6r termo a todas as difficuldadeS felativas aos direitos de soberania nos districtos da emlbo- cadura do Congo, na Cdsta Occidental (le Africa, entre os 8° e 5° 12' de latitude sul ; concorrer pafa a com'pleta extinccSo do trafico de escravos ; e pro- mover o desenvolvimento do commercio c da civilisa9So no Continente Africano ; resolveram levar a effeito um Tratado pafa esse &m, e nomea:ram «eus Plenipo- t^nciarios, a saber : Sila Haigestade a Rainlia do Reino Unido da Gran Bretanha e Irlanda, lin- peratriz da India, o Muito Hohradb Gran- ville George, Conde Granville, LoM Leve- ion. Par do Reino Unido, CavaUeiro da Muito Nobre Ordem da Jarreteira, Consel- heiro de Sua Magestade no Sett Conselho Privado, Lord Governador dosf Girifeo Portos, C&udeStEttel do G^tello de DoVer, lOBaa- B 2 Chancellor of tlie University of London, Her Majesty's Principal Secretary of State for Foreign Affairs, &c., &c. ; And His Most Faithful Majesty the King of Portugal and the Algarves, Senlior Jliguel Martins d'Antas, a Member of His Majesty's Council, Peer of the Realm, Honorary Minister and Secretary of State, Commander of the Ancient, Most !Noble, and Illustrious Order of St. James, for the reward of scientific, literary, and artistic merit, Grand Cross of the Royal Order of Charles the Third of Spain, of Leopold of Belgium, Envoy Extraordinary and Minister Plenipoten- tiary of His Most Eaitliful Majesty at the Court of Her Britannic Majesty, &c., &c.; Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles : — celler da Universidade de Londres, Princi- pal Secretario de Estado de Sua Magestade para os Xegocios Estrangeiros, &c., &c. ; E Sua Magestade Pidelissima El-Rei de Portugal e dos Algarves, o Senhor Miguel Martins d'Antas, do Conselho de Sua Magestade, Par do Reino, Minis- tro e Secretario de Estado Honorario, Commendador da Antiga, NobiJissima, e Esclarecida Ordem de S. Thiago, do merito scientifico, litterario, e artistico, Gran Cruz da Real Ordem de Carlos III de Hespanha, de Leopoldo da Belgica, Enviado Extra- ordinario e Ministro Plenipotenciavio de Sua Magestade Eidelissima junto de Sua Magestade Britannica, &c., &c. ; Os quaes, depois de haverem trocado os sens respectivos plenos poderes, que acharam em boa e devida forma, convieram nos seguintes Artigos : — ARTICLE I. Subject to the conditions of the present Treaty, Her Britannic Majesty agrees to recognize the sovereignty of His Most Paithful Majesty the King of Portugal and the Algarves over that part of the West Coast of Africa situated between 8° and 5° 12' of south latitude ; and inland as far as follows : — On the River Congo the limit shall be Nokki. On the coast situated between 8° and 5° 12' of south latitude the inland eastern frontier shall coincide with the boun- daries of the present possessions of the coast and riparian tribes. This frontier shall be defined, and the definition shall be communicated with the least possible delay by His Most Eaithful Majesty to Her Britannic Majesty. The definition, when approved by the High Contracting Parties, shall be re- corded in a Protocol to be annexed to the present Treaty. ARTIGO I. Mediante as cohdi96es do jiresente Tratado, Sua Magestade Britannica con- corda em reconhecer a soberania de Sua Magestade Eidelissima El-Rei de Portugal e dos Algarves sobre a parte da Costa Occi- dental de Africa situada entro os 8° e 5° 12' de latitude sul, e no interior ate aos pontes abaixo designados : — No Rio Congo o limite sera Nokki. Na costa situada entre os 8° e 5° 12' de latitude sul, a fronteira interior oriental coincidir^ com os limites das actuaes possessoes das tribus da costa e marginaes; Esta fronteira ha de ser-demarcada e a demarca9ao ser4 communicada, com a menor demora possivel, por Sua Mages- tade Eidelissima a Sua Magestade Britan- nica. A demarca9So, logo que seja approvada pelas Altas Partes Contratantes, serd mencionada em um ProtocoUo que se annexara ao presente Tratado. ARTICLE II. The territory specified in Article I shall be open to all nations, and foreigners of all nationalities whatever, conforming themselves to the laws of the country, shall enjoy within the said territory the same benefits, advantages, and treatment, in every respect, as the subjects of Portugal. They shall have full liberty to enter, travel, or reside, with their families, in any part of the said territory. They shall be permitted to establish factories or trading stations; to possess, ARTIGO II. territorio designado no Artigo I, sera aberto a todas as Na9oes, e os estrangeiros de todas as nacionalidades que se confor- marem com as leis do paiz, gosarao dentro do dito territorio dos mesmos beneficios, vantagens e tratamento, a todos os res- peitos, de que gosarem os subditos de Portugal. Terao plena liberdade para entrar, viajar ou residir, com suas familias, em qualquer parte do dito territorio. Poderao estabelecer feitorias ou e8ta96es commerciaes ; possuir, comprar, arrendar purchase, . rent, or lease laud, houses, mauufactovies, warehouses, shops, and premises, and all other kinds of property. They shall he allowed to carry on their commerce hy wholesale or retail, either in person or hy any agents Avhom they may think lit to employ, and in accordance with the existing local usages and customs of trade. ARTICLE III. The High Contracting Parties recognize the entire freedom in respect to commerce and navigation of the Elvers Congo and Za'mhesi and their affluents for the sub- jects and flags of all Nations. The claims of Portugal on the Shire shall not extend beyond the confluence of the River Ruo with that river. ou aforar terras, casas, manufactums, armazens, lojas, e outros ediflcios e todas e quaesquer cspecies de propriedade, TerJio a faculdade de fazer o commercio em grosso ou. a retalho, em pessoa, ou por meio dos agentes que julgarem conve- niente empregar, e de accordo com os existentes usos locaes e costumes do com- mercio. ARTIGO III. As Altas Partes Contratantes reco- nhecem a inteira liherdade no que respeita ao commercio e navega^So dos Rios Congo e Zambeze c sens affluentes para os subdi- tos e bandeiras de todas as Nagoes. Os direitos de Portugal no Chire nao se estenderSo a montante da confluencia do Rio Ruo com aquelle rio. ARTICLE IV. The trade and navigation of all rivers and waterways within the territory speci- fied in Article I, and along the sea-coast thereof, shall he open to the flags of all nations, and shall not be subject to any monopoly, exclusive concession, or other impediment, nor to any customs duties, tolls, charges, fees, fines, or other imposts whatever not expressly provided for in the present Treaty, or hereafter agreed upon by the High Contracting Parties. A Mixed Commission, composed of Dele- gates of Great Britain and Portugal, shall be appointed to draw up Regulations for the navigation, police, and supervision of the Congo and other waterways within the territory specified in Article I, and to watch over their execution. The Regulations may impose such tolls as may be sufficient to defray the cost of works necessary to facilitate trade and navigation and the expenses of the Com- mission. The Commission shall come to an ar- rangement with the Portuguese authorities for the erection and maintenance of light- houses, beacons, and marks to denote channels. ARTICLE V. No transit or other duties, direct or indirect, of whatever denomination, shall be levied on goods in transit by water through the territory specified in Article I. This freedom from duties shall apply to goods transhipped in course of transit, or landed in bond for further conveyance by water; The transhipment or landing in bond of such goods will be effected under ARTIGO IV. O commercio e navega§ao de tpdos os rios e vias fluviaes, dentro do territorio designado no Artigo I e ao longo da respectiva costa maritima, serSo abertos as bandeiras de todas as na9oes, e nao flcarao sujeitos a monopolio, concessao exclusiva ou outre qualquer estorvo, nem a direitos de alfandega, portagens, taxas, emolumentos, multas ou quaesquer outros impostos que nSo sejam expressamente designados no presente Tratado, ou de future estabelecidos por accordo entre as Altas Partes Contratantes. Uma CommissSo Mixta, composta de Dele2:ados da Gran-Bretanha e de Portu- gal, sera encarregada de estabelecer Regu- lamentos para a navegafflo, policia e fiscalisayao do Congo e outras vias fluviaes dentro do territorio designado no Artigo I, e a fim de velar pela sua execu9ao. Os Regulamentos poderao imp6r porta- gens (ou impostos de passagem) sufficientes para o pagamento do custo das obras necessarias para facilitar o commercio ^ navega^ao, e das despezas da Commissao. A Commissao entender-se-ha com as auctoridades Portuguezas para a cons-. truc9ao e conserva9ao de pharoes, balizas, e marcas para indicar os canaes. ARTIGO V. Nenhuns direitos de transito ou outros, directos ou indirectos, de qualquer de- nominayao, serao lan^ados sobre as merca- dorias em transito por via fluvial atravez do territorio designado no ArtigO I. Esta isenqSo de direitos applicar-se-ha ds mercadorias que forem, em curso de tran- sito, baldeadafi de um para outro navio, ou que forem desembarcadas e postas em 4 tlie supervision of the Portuguese autho- rities, in order to prevent any fraud, and tlie expenses of sucli supervision will be chargeable to the traders or their agents. The scale of such charges will be fixed by the Mixed Commission. No such duties shall be levied on goods in transit by land through that territory, which shall have been legally imported and which shall have paid the duties imposed by the Tariff approved by the present Treaty. deposito, para serem depois transportadas por agua. A baldea^So e o desembarque para deposito destas mercadorias, afim^ de evitar qualquer fraude, terSo logar debaixo da superintendencia das auctoridades Portu- guezas, e as despesas resultantes desta superintendencia ficarao a cargo dos com- merciantes ou dos sens agentes. A tarifa dessas despesas sera flxada pela Oommis- sao Mixta. Nenhuns de taes direitos serao langados sobre as mercadorias em transito por terra atravez do alludido territorio, que tenham sido legalmente importadas, e tenham pago os direitos impostos na, pauta approvada pelo presente Tratado. ARTICLE VI. All roads in the territory specified in Article I now open, or which may here- after be opened, shall be kept free and open to all travellers and caravans, and for the passage of goods. ARTICLE VII. Complete protection shall be afforded to missionaries or other ministers of reli- gion of any Christian denomination, of whatever nation or country, in the exer- cise of their vocation, within the territory specified in Article I. They shall not be hindered or molested in their endeavours to teach the doctrines of Christianity to all persons willing and desirous to be taught; nor shall any natives who may embrace any form of Christian faith be on that account, or on account of the teaching or exercise thereof, molested or troubled in any manner whatsoever. It is further agreed that the local authorities shall set apart a piece of land within a convenient distance of each of the principal towns, to be used as a burial- ground for persons of whatever religious denomination. All forms of religious worship and religious ordinances shall be tolerated, and no hindrance whatever shall be offered thereto by the Portuguese authorities. Missionaries Of religion, whether natives or foreigners, and religious bodies, shall have a perfect right to erect churches, chapels, schools, and other buildings, which shall be protected by the Portuguese authorities. All religious establishments, of what- ever denomination, shall be on a footing of perfect equality as regards taxation and local charges. ARTIGO VI. Todas as estradas do territorio designado no Artigo I, actualmente abertas, ou que possam posteriormente abrir-se, serSo con- servadas livres e abertas a todos os via- jantes e caravanas, e bem assim para a passagem de mercadol-ias. ARTIGO VII. Dar-se-ha toda a protecgSo aos mis- sionaries ou outros ministros da religiao Christa, de qualquer denomina9ao ou rito, e seja qual f6r a nagao ou paiz a que perten9am, no exercicio da sua profissSo, dentro do territorio designado no Ar- tigo I. NS.0 serao embara9ados ou molestados nas suas diligencias para ensinar as don- trinas do Christianismo a todas as pessoas que quizerem ou desejarem ser ensinadas ; nem os indigenas que abracem sob ~ qual- quer fdrma a religiao Christa serao moles- tados ou incommodados de modo algum por este facto, ou em rasao do exercicio e ensino da mesma religiSo. Pica alem d'isso estipulado que as auc- toridades locaes demarcartio,. a distancia conveniente de cada uma das principaes cidades, o terreno necessario para cemi- terios dos individuos de todas as denomi- na96es religiosas. Todas as fdrmas do culto reKgioso e todos OS actos ou niandamentos religiosos serao tolerados, e nenhum estorvo Ihes sera posto pelas auctoridades Portuguezas. Os missionaries da religiao, quer sejam indigenas, quer estrangeiros, e as corpo- ragoes religiosas, terao pleno direito de edificar igrejas, capellas, escolas e outros edificios, que deverao Ser protegidos pelas auctoridades Portuguezas. Todos OS estabelecimentos religiosos, de qualquer denomina9ao que sejam, serao tratados com perfeita igualdade no que diz respeito a impbstbs e a encargos locaes. ARTICI^E yill, ^er Britannic Majesty engages to com- municate to Sis Hdst Eaithful l^ajesty immediately after the ratification of the present Treaty, all Treaties or Engage- ments subsisting between Great Britain and native Chiefs in the territory specified in Article I. His Most Faithful Majesty engages to communicate to Hey i^yitannic Majesty all Treaties or Engagements subsisting between Portugal and native Chiefs in the said territory. His Most Eaithful Majesty engages to respect and confirm all the rights of the nai^tiye Chiefs and of the inhabitants of the said territory under any of the Treaties and Engagements above mentioned, so far as is compatible with the sovereignty of Portugal ; and undertakes to protect and maintain the said Chiefs and inhabitants in the free possession and enjoyment of the lands and pther property now held by tiieni, and not to allow them to suffer on account of anything which has happened in the past. ARTICLE IX. The Customs Tariff in the territory specified in Article I shall not, for the term of ten years from the date of the exchange of the ratifications of the present Treaty, exceed that which was adopted in the Province of Mozambique in the year 1877. At the end of that term the Tariff maybe revised, with the consent of the two High Contracting Parties; but no alteration shall be made therein pending such revision. Provided always jihai, in the territory speci^ed in Article I of the present Treaty, British ships shall not at any time here- after' be liable to ^he payment of any higher or other duties and charges, or be subject to any other restrictions, than are there payable or imposed on Portuguese ships ; and goods, whiether the property of British "subjects, or imported in British vessels, or of British origin or manufac- turershall not at any time hereafter be siibjectto any differentiaV treatment what- soever, but shall be on the same footing in every respect as goods the property of Portuguese subjects, or imported in Por- tuguese vessels, or the produce or manu- facture of Portugal. Such equality of treatment shall apply to British vessels and goods, from what- ever port or place arrjvin^, and whatever may be their place of destmation, .Jn aJJ tbe Africa}], possessipng pf Poiv 4.ETi(^Q yi;j, Sua Magestade Britannica obriga-se a dar conhecimento a Sua Magestade Eide- lissima, immediatamente depois iJa ratifi- ca9ao do presente Tratado, de todos os Tratados ou accordos subsistentes entre a Gran-Bretanha e qualquer chefe indigena do territorio designado no Artigo I. Sua Magestade Eidelissima obriga-se a dar conhecimento a Sua Magestade Britan- nica de todos OS Tratados ou accordos sub- sistentes entre Portugal e ps Chefes in(ii- genas do dito territorio. Sua Magestade !j?idelissipi3/ obriga-se a respeitar e a confirmar to(ios os direitos dos Chefes indigenas e do? babitante^ dp dito territorio, adquiri^os em virtude de qualquer dos Tratados ou accordps acima mencionados, tanto quango for copapatiyel com a soberania de Portugal; e comprp- mette-se a proteger e sustentar os dito? Chefes e habitantes na livre posse e goso das terras e outras propripd^des de que ao presente estiverem de posse, e benj. assim a nSo consentir que elles spffram por causg, de qualquer acontecimento pagsado. ARTIGQ IX, Os direitos das Alf andegas, no territprip designado no Artigo I, nSo excederSo durante dez annos, a contar da troca das ratificagpes do presente Tratado os que se acham consignadPs na paata adoptada para a Provincia de Mogambiqup no anno de 1877. No fim d'aquelle praso a pauta poderd ser revista, com o consentiihento das duas Altas Partes Contratantes ; por^m nenhuma alteragao Ihe sera feita emquanto estiver pendente essa revisSo-. Pica para sempre estipulado que, np territorio designadp np Artigo I do pre- sente Tratado, os navios Britannicos nunca serao de future pbrigados ao pagameiito de mais el evades ou diver sos direitos e impostos, nem serao ^ujeitos a quaes quer outras restricgSes, alem do que for exigido aos navios Portuguezes; e as'mercadorias, quer sejam pfopriedade' de subditos Britannicos, quer importadas' em navios Britannicos, ou de origem ou inanufactura Britannica, nunca scrap de future sujeitas a tratamento a] gurq. differencial, e feerao coUocadas no mesmp pe, a tpdps os respeitos, que as mercadorias pertencentes a subditos Portuguezes, ou ipiportadq,s em navios Portuguezes, ou de'producgSp ou manufactura Portu^ueza. Esta igualdade de tratamento sera applicavel aos navios Britannicos e as mercadorias, qualquer que seja o porto ou logar d'onde procedam, e seja qual for o logar para pnde se destinem. Em tpdas as ppssessSe^. ,AfKigp^8 4© tugal the present Customs Tariff shall not be raised for the term of ten years from the date of the exchange of the ratifica- tions of the present Treaty. No bill of health or other quarantine formality shall be required in any Portu- guese port from British ships bound direct for British ports. ARTICLE X. His Most Faithful Majesty guarantees to British subjects and their commerce in all the African possessions of Portugal, in addition to any rights which they may already possess in the Portuguese Colonies, the treatment of the most favoured third nation : — 1. As regards residence, whether tem- porary or permanent ; the exercise of any caUing or profession; the payment of taxes or other imposts; and the enjoy- ment of all legal rights and priA'^ileges, including the acquiring, holding, and power of disposing of property. 2. As regards commerce ; in respect of import and* export duties and all other charges on or in respect of goods of what- ever description, and whatever may be their place of origin or manufacture, and whether intended for consumption, ware- housing, or re-exportation. Also with respect to the transit of goods, prohibition of importation, exportation, or transit; samples. Customs formalities, and all other matters connected with commerce and trade. 3. As regards navigation ; in respect of vessels, whether steam or sailing, from whatever place arriving, and whatever may be the place of origin or destination of their cargoes. Also, in respect of all charges or dues on or in respect of the said vessels and cargoes, and all formalities and regulations relative to them. 4. Any favom", privilege, or immunity in regard to subjects, commerce, or navi- gation, as well as any reduction of customs duties or other charges on or in respect of goods or vessels which may hereafter be conceded by Portugal to any thii'd Power, shall be extended immediately and unconditionally to Great Britain. 5. British Consular officers, as regards appointment, residence, functions, arid ]^rivileges, shall be placed on the footing of the most favoured nation. ARTICLE XI. Every assistance shall be given by the local authorities in all the African posses- Portugal nSo se elevarao os direitos das actuaes pautas aduaneiras durante o praso de dez annos a contar da troca das ratifi- cagoes do presente Tratado. NSo se exigird nos portos Portuguezes carta de saude, nem qualquer outra formalidade quarentenaria aos navios Britannicos destinados dh:ectamente aos portos Britannicos. ARTIGO X. Sua Magestade Pidelissima garante aos subditos Britannicos e ao seu commercio, em todas as possessoes Africanas de Portugal, alem de quaesquer outros direitos que elles ja possam ter nas Colonias Portuguezas, o tratamento da terceira nacSo mais favorecida : — i. No que respeita a residencia, quer temporaria, quer permanente ; o exercicio de qualquer officio ou prOflssSo ; o paga- mento de contribui^Ses ou outros impostos; e o goso de todos os direitos legaes e privilegios, incluindo a acquisi9So, posse e faculdade de dispor da propriedade. 2. No que respeita ao commercio ; com relagSo aos direitos de importagao e ex- porta9So e a todos os impostos sobre mercadorias de qualquer natureza, e seja qual for o logar da sua origem ou manu- factura, e quer se destinem ao consume, quer a armazenagem ou a re-exportapSo. E bem assim com relagSo ao transito de mercadorias, prohibigao de importa^ao, exportacao ou transito; amostras, for- malidades aduaneiras e todos os outros assumptos concernentes ao commercio e uegocio. 3. No que respeita d navegayao; com rela9ao a navios a vapor ou de v^la, de qualquer porto que cheguem, e qualquer que seja o logar de origem ou destine das suas cargas. Igualmente com rela9So a todos OS encargos ou direitos concernentes aos ditos navios e cargas, e a todas as formalidades e regulamentos respectivos. 4i. Qualquer favor, privilegio, oix im- munidade, com relagao aos subditos, ao commercio ou a navegacSo, bem como qualquer reducgao de direitos da alfandega, ou outros encargos sobre mercadorias ou navios que El-Rei de Portugal possa de future conceder a qualquer terceira Potencia, serd immediata e incondicional- mente applicavel d Gran-Bretanha. 5. Os funccionarios Consulares Britan- nicos, no que respeita a nomeacSo, re- sidencia, func95es e privilegios, serao con- siderados como os da na9ao mais favorecida. ARTIGO XI. Sera dado todo o auxilio pelas auctori- dades locaes, em [todas as possessSes Afri- sions of Portugal to vessels wrecked on tlie coasts or in the rivers, or forced into the ports or the entrance of rivers hy stress of weather. Such vessels and their cargoes shall be exempt from all customs duties, charges, fees, fines, and other imposts whatever, except as regards any goods landed there- from for purposes of sale or barter. Information of such wrecks shall be given, without delay, to the nearest British Consular officer, who shall be authorized to interpose for the protection of the ship, its merchandize, and effects. ARTICLE XII. The Portuguese legislation for the com- plete extinction of slavery and the Treaties for the suppression of the Slave Trade shall, from the date of the exchange of the ratifications of the present Treaty, be effectively applied to the territory specified in Article I. The High Contracting Parties bind themselves to use all possible means for the purpose of finally extinguishing slavery and the Slave Trade on the eastern and western coasts of Africa. His Most Eaithful Majesty agrees to grant, from the date of the ratification of the present Treaty, permission to Her Britannic Majesty's ships employed in suppressing the Slave Trade to enter the bays, ports, creeks, rivers, and other places in the eastern African Colonies or posses- sions of Portugal where no Portuguese authorities shall be established, and to prevent the Slave Trade from being carried on in such places. British vessels em- ployed in this service shall exercise all the powers conferred on Her Majesty's vessels by the Slave Trade Treaty between Great Britain and Portugal of the 3rd July, 1842. Similar powers shall be given, if re- quired, for similar purposes to Portuguese vessels in Her Britannic Majesty's South African dominions. Whenever the Commander of a cruizer of one of the High Contracting Parties shall have occasion to act under the pro- visions of this Article in the territorial waters of the other High Contracting Party, such Commander shall, whenever practicable, having regard to the circum- stances of the case, inyite a naval or other officer of the other High Contracting Party to accompany the expedition, in order to represent the national flag in such territorial waters. The provisions of this Article shall canas de Portugal, aos navies que naufra- garem nas costas ou nos rios, ou forem levados aos portos ou a entrada dos rios pela for^a do tempo. Esses navios e as suas cargas serSo isentos de todos os direitos de alfandega, taxas, emolumentos,multas e outros quaes- quer impostos, excepto os que dissereni respeito ^s mercadorias desembarcadas com fim de serem vendidas ou trocadas. Dar-se-ha, sem demora, noticia do nau- fragio ao funccionario Consular Britan- nico que tiver residencia mais proxima, o qual serd auctorisado a intervir para a protec9ao do navio, mercadorias e sal- vados. ABTIGO XII. A legisla9ao Portugueza, para a completa extincgSo da escravatura, e os Tratados para a suppressSo do trafico de esoravos, serSo, a contar da data da troca das ratifi- caQoes do presente Tratado, effectivamente applicaveis ao territorio designado no Artigo I. As Altas Partes Contratantes obrigam- se a empregar todos os meios possiveis com fim de extinguir completamente a escravatura e o trafico de escravos nas costas oriental e occidental de Africa. Sua Magestade Eidelissima, concorda em conceder desde a data da ratificagao do presente Tratado, auctorisa9ao' aos navios de Sua Magestade Britannica empregados na suppressSo do trafico da escravatura, para entrar nas bahias, portos, enseadas, rios e outros logares das Colonias ou pos- sessoes de Portugal na Africa oriental, onde se nSo encontrem estabelecidas auctoridades Portuguezas, e a impedir o trafico da escravatura de realisar-se em taes logares. Os navios Britannicos em- pregados n'este servigo exercerSo todos os poderes conferidos aos navios de Sua Magestade pelo Tratado do trafico da escravatura entre a Gran-Bretanha e Portugal de 3 de Julho de 1842. Similhantes poderes serSo dados, se for necessario, para identicos fins aos navios Portuguezes nos dominios de Sua Mages- tade Britannica na Africa Meridional. Sempre que o Commandante de um cruzador de uma das Altas Partes Contra- tantes tiver occasiao de proceder segundo as prescrip9oes d'este Artigo nas aguas territoriaes da outra Alta Parte Contra- tante, esse Commandante deve, sempre que for praticavel, tendo em vista as circumstancias do case, convidar um official naval ou de terra da outra Alta Parte Contratante a acompanhar a ex- pedi9So a fim de representar a bandeira nacional n'aquellas aguas territoriaes. As prescrip95es d'este Artigo entrarao C 8 come into foi^e immediately on the ex- change of the ratifications of the present Treaty, except as regards any provision which may be found to require legislative sanction in either country, and as regards such provision, it shall come into force from the date when such legislative sanction shall have been obtained and duly notified by the High Contracting Party requiring the same to the other High Contracting Party. ARTICLE XIII. The provisions of the present Treaty, affecting the territory specified in Article I, shall be fully applied to all territories adjoining the same in Africa that may hereafter be brought under the sovereignly of His Most Faithful Majesty the King of Portugal and the Algarves. ARTICLE XIV. His Most Eaithfiil Majesty the King of Portugal and the Algarves engages foit himself, his heirs and successors, that if at any time it shall be the intention of Portugal to withdraw from the fort of St. John the Baptist of Ajuda, on the coast of Mina, due notification of such intention shall be given to Great Britain, to whom the cession of the fort, and of all rights appertaining to its possession, shall be offered; and no arrangement shall be made for the cession of the fort to atiy other Power without the previous Consent of Great Britain. This fehgagement shall apply in all its t^tms to the abandonment or cession by Portugal of any rights which may be claimed by her between 5° east and 5° west longitude on the same coast. ARTICLE XV. The present Treaty shall be ratified, and the ratifications shall be exchanged at London as soon as possible. In witness whereof the respective Pleni- potentiaties have signed the ptesent Treaty, ahd have affixiad thereto the seals of their lyone in duplicate at London the twenty-sixth day of Eebruary, in the year of our Lord one thousand eight hundred and eighty-four. tSigtiGd) GRANVILLE. MIGUEL MARTINS D'ANTAS. em vigor immediatamente a troca das ratifioagSes do presente Tratado, excepto no que respeita a qualquer prescripgSo que se reconhe^a carecer de sanc^So legislativa em qualquer dos paizes, e no que respeita a tal prescrip95o, entrard em vigor quando a sancgSo legislativa tenha sido obtida e devidamente notifi- cada pela Alta Parte Contratante que d'ella carecer, a outra Alta Parte Contra- tante. ARTIGO XIII. As disposi96es do presente Tratado, que se referem ao territorio designado no Ar- tigo I, serao inteiramente applicadas a todos OS territories a elle adjacentes, na Africa, que de future possam vir a flcar debaixo da soberania de Sua Magestade Eidelissima El-Rei de Portugal e dos Algarves. ARTIGO XIV. Sua Magestade Eidelissima El-Rei de Portugal e dos Algarves obriga-se por si e por sens herdeiros e successores, no caso de Portugal em qualquer tempo ter inten- gao de abandonar o forte de S. Joao Baptis- ta de Ajuda, na costa da Mina, a notificar de- vidamente essa intencao a Gran-Bretanha, a qual sera offerecida a cessSo do forte e de todos OS direitos inherentes 4 sua posse ; e nenhum accordo se fard para a cessSo do forte a qualquer outra potencia sem pr^vio consentimento da Gran-Bretanha. Este compromisso serd applicavel em todos OS sens termos ao abandono ou cessao por parte de Portugal de quaesquer direi- tos que possa ter entre 5° este e 5° oeste de longitude na mesma costa. ARTIGO XV. O presente Tratado sera ratificado, e as ratifica95e8 serao trocadas em Londres no mais curto praso possivel. ] Em testemunho do que os respiectivos Plenipotenciarios assignaram b ptiesente Tratado, e Ihe pozeram o sello das suas armas. Eeito em duplicado em Londres aos vinte e seis dias do mez de Eevereiro, do anno de Nosso Senhor Jesus Christo, de mil oitocentos e oitenta e quatro. (Signed) GRANVILLE. MIGUEL MARTINS D'ANTAS. Inelosure 2. Customs Tarifp for the Province op Mozambique. Preliminary Rules, Chaptee, I, — Rules nELATiNe to Shipping. (Translation.) Section 1. — Documents which must be presented to the Custom-house hy the Masters of Vessels, and the Duties of Masters. Article 1, Masters of vessels arriving from Portuguese ports are bound to deliver, duly closed and sealed, all the official letters or documents which, they may have thus received at the custom-house of the port whence they may have sailed, and besides this, the ship's manifest, in accordance with the following Articles : — Art. 2. Masters either of national or foreign vessels, on arrival either from any national or foreign ports, are bound to exhibit a manifest in duplicate, which, whenever it may be possible, shall be written in Portuguese, containing the following specifica- tions, namely, name and tonnage of the vessel, flag, port, where cargo was shipped, names of shippers, names of parties to whom mercbandize is addressed, quality and quantity (in extenso) of parcels, marks, and numbers in the margin. Art. 3. Whenever a master shall be unable to exhibit his manifest in Portuguese when his vessel is visited, owing to the fact of his being a foreigner, his manifest written in any language will be received, but he is bound to present a translation of the same within the term of twenty-four hours. Art. 4. No Consular certificates are required either in the manifest of the cargoes of any ship bound to the Proviiice of Mozambique, or in any other documents that may have any reference to the custom-house service. Art, 5. One of the manifests mentioned in the foregoing Articles is to b© delivered up, togethei^ with the bills of lading, if there be any, to the Cliistoms officer when he visits the ship on her arrival ; at the same time the master shall deliver a nominal list of the passengers 'bound to the province, and of their luggage, and also another list of the ship's supplies and extra gear and stores. Art. 6. It is the duty of the master — 1. To appear at the custom-house Avithin twenty-four hours, and there sign the deed of entry or of "franquia," i.e., of retaining cargo on board for another port, on which occasion he shall deliver up one of the manifests. 2. Not to allow any boats to go alongside his ship without leave, whether she he unloading or under "franquia." 3. To maintain intact any seals that may have been placed by the Customs officers on the hatches and partitions. 4. Either to sign himself, or else to get his representative to sign the docuinents relating to the unloading of his ship. Art. 7. It is unlawful for a master, without the custom-house pernjit or cle£trance — 1. To raise anchor for the purpose of going out of port, or of changing his anchorage, unless this change should be made in a case of " force majeure."^ 2. To unload, to tranship, or to receive cargo or take in ballast, and all articles or merchandize found on board vessels that are loading without the custom-house clearance, shall be looked upon as having been fraudulently taken on board in order to evade the duty. 3. To open any parcels that may have been shipped, the mere fact of opening a parcel being considered a transgression of the rules, whereas the subtraction of any articles therefrom shall be considered a fraudulent evasion of the duty. Art. 8. After the unloading and clearing of a ship is concluded, the master must apply— 1. For his vessel to be visited, in order that the custom-house may certify to the unloading of the same, and the flag shall be hoisted at the maintopmast frojn the time of his making that application until the visit shall actually take place, 2. Keep his vessel in a fit condition to be visited; the extra sails to be placed out of the magazines, the sails to be loose, the gafE clear, aud the ballast so placed as to enable one to see the inner sheathing near the carline ; all the presses to be opened^ for if closed they may be broken open. Any articles discovered in the course of this visit that shall not have been legally declared, shall be reputed as having fraudulently evaded the payment of duty. E212J- C2 10 3. Sign a deed of cargo, witlioTit whicli lie cannot receive any articles on board except under special leave. 4. Vessels with cargo on board under " franquia " (i.e., bound to another port), and which cannot therefore be visited, as being completely unloaded, shall have Customs officers on board until their departure. Art. 9. Masters are admonished — 1. That it is forbidden to throw ballast overboard into the anchorage ground, and that any infraction of this rule is punishable by a special fine imposed by the Captain of the Port. 2. That they cannot land after their arrival until their ships shall have been visited, except for some reasonable motive. 3. That they are bound to obey the orders relative to the fiscal service that may be given them by the proper Customs officers, who are hereby enjoined to act with moderation and prudence in the discharge of their duties. 4s. That any contravention of the provisions above enumerated, whenever it is not considered an evasion of the duty, shall be looked upon by the laws of the country as an infraction of the fiscal regulations. 5. That, by the said laws, fiscal agents are forbidden to receive any gifts from any parties, under any pretext, the penalty being the same for those who give, as for those who receive them. §. These admonitions, as well as any others which it may be necessary to publish in future for the due regularity of the public service, shall be transcribed in difierent languages, and communicated to the masters in print. Section 2. — Tonnage Dues. Axt. 10. All duties and taxes whatsoever that have been hitherto levied upon shipping in the Province of Mozambique under the titles of "anchorage," "tonnage," and "lighthouse" dues, or imposts upon dhows are abolished. §. The salaries payable to the pilots on the coast or in the different bars for their services, which are to be subject to special regulations, are not held to be dues or taxes. Section 3. — Import, Export, and Coasting Trade. Art. 11. The ports of Cape Delgado, Mozambique, Angoche, Quilimane, Sofala, Inhambane, and Loren90 Marques are hereby thrown open to national and foreign trade. In these custom-houses there shall be dep6ts for merchandize, and the coasting trade may be carried on between the said ports both by national as well as foreign vessels. Moreover, merchandize subject to duty may be conveyed betwean those ports, such duty to be paid at the custom-house through which it may be cleared. §. The conveyance of merchandize between the said ports is, for all the intents of this Article, to be free from any tax or bond, but, in accordance with the 69th Article, a custom-house pass must be taken. Art. 12. The Directors of the several custom-houses shall accord permission to any national or foreign ships either to convey cargo which may have already become nationalized by the payment of the excise or "octroi" duties to the ports of Pemba, !Pernayo VoUoyo, Sangage Luzio, Quesingo Luabo, the mouth of the River Douro, or Bembe, or to any other ports, bays, or inlets on the coast of Mozambique, or to ship there any articles produced in the province, under the following conditions : — 1. Provided the vessel shall have been duly visited by the custom-house after unloading. 2. The master must present a person upon whom the custom-house can place confidence as a surety. 8. Both the master and his sm^ety must engage that the vessel shaU return to the custom-house which may have granted such permission, or else that she will proceed to any other custom-house in the province in order to legalize the shipment of the cargo she may have received at any of the ports where there are no custom-houses. §. Should the Directors of the custom-house refuse the permission above referred to, an appeal may be made to the Governor of the district, who will decide the matter under his own responsibility, but will immediately report the case to the Governor- General. Art. 13. The importers, owners, or consignees of any merchandize which may have been entered into the custom-house dep6t, are not bound to declare whether such merchandize is intended for consumption, or for re-exportation ; moreover, they may 11 dispose of the whole, or of part of that merchandize for consumption, for conveyancd in transit or for re-exportation at their option. Art. 14. All merchandize in the Oustom-house dep6t8 shall he held to the order of the party who may have deposited the same, or of the owner or consignee. His title-deeds shaU be duly registered, and are transferable by endorsement. Section 4. — Transfer of Vessels to the National Flag, Art. 15. Any foreign sailing or steam-ships, whether they be new .vessels, or in a fit state for navigation, or else repaired in the province, inasmuch as, according to the Castoms Tariff, they are subject to the duties leviable on their transfer to the national flag, shall be held to be national vessels for all intents and purposes, after payment of the duties in question, and after their owners, or their agents, shall have exhibited the necessary documents to prove that the said vessels have been duly registered and entered, but the payment in question must precede the act of registration. Section 5. — Unseaworthiness. Art. 16. The unseaworthiness of any foreign vessel is to be ascertained by means of a survey to be held by experts who are to be appointed by the Chief of the Custom- house, in the presence of the Captain of the Port, and of the respective Consular Agents. Should no such authorities exist in the place where such a survey is to be held, the Chief of the Custom-house will name the person that is to act instead of the Captain of the Port, and the chief local authority is to name some one to act instead of the respective Consular Agent. Art. 17. In order that a vessel may be declared unseaworthy, it is requisite that the experts shall estimate the cost of the repairs to enable her to proceed on her voyage, at a sum. exceeding three-fourths of the total value of the ship in a fit state to put to sea, or else that there shall be an absolute impossibility of effecting the necessary repairs on the spot. § 1. A vessel that shall have been condemned on the ground that, in the opinion of the experts, it is impossible to repair her on the spot, cannot be granted permission to repair and to put again to sea. § 2. The records of the surveys held must contain the declarations of the experts in fuU detail. § 3. Should an appeal be made by the parties interested from the decision given by the Director of the Custom-house condemning a vessel, or declaring her unsea- worthy, or should any protest be made by any of the authorities that may have taken part in the proceedings, the whole case shall be referred (together with all the docu- ments) to the Governor of the district, whose decision shall be final, after consulting the Law Officer of the same district. Section 6. — Wrecks. Art. 18. In the event of wreck taking place, the Director of the Custom-house, or his representative, as well as the officers whom he may appoint, shall immediately repair to the spot, and use every endeavour to save life and property, and prevent loss; moreover, they shall proceed as soon as possible to make an inventory of all the articles saved, specifying the respective marks, and other essential particulars, placing every- thino- in safety. They shall persevere in these endeavours in accordance with the provisions of the Commercial Code. Art. 19. As soon as the news of the accident shall reach the Custom-house, the Director shall appoint the Customs officers, who are to proceed to the spot and superintend the salvage. As soon as the said officers shall arrive at the place of the wreck, all others shall withdraw, but the last named shall be entitled to receive a remuneration in proportion to the service rendered by them. Art. 20. Any articles saved, after all the expenses shall have been either paid or guaranteed, may be either cleared for consumption, on payment of the respective duties, or else freely re-exported, in accordance with the 6th Article. Art 21. The first person that shall report a wreck on the coast shaU be entitled to receive a gratuity of 10,000 reis. Any authorities that shall not immediately proceed to the place of the wreck, or who shall fail to report the fact to the nearest custom-house, shall be liable to a fine, in proportion to the consequences of the omission on their part. , .. ,, ^ i . t, i •- • Art. 22. Any articles or any merchandize that may be cast ashore, when it is 12. not known to wliat vessel they may haYe belonged, shall, after a minute inventory has been made of the same, specifying the quality and the marka of the same, as well as the number of parcels, be sold ; onerthird of the proceeds is to be given immediately to the finder, and the other two4hirds are to be kept in deposit for the space ot one year, at the expiration of which, should the owner not claim the same, they shall be entered as customs receipts, and should any one duly claim the same, the respective duties shall be deducted therefrom. Section 7.-^Loading^ Unloading,, and Merchandize, under " Franquia," i.e., bound to another Port. Art 23. Ships are to be loaded and unloaded from sunrise to sunset; the unloading, however, must be carried on in such a manner that the last boat-load must arrive on shore one hour before sunset, as the Custom-house will not be responsible for any damage that may accrue from the fact that any boat remaining alongside any ship during the night, owing to the fact of its not having reached the custom-house at the appointed time. Art. 24. The embarkation, of merchandize for exportation, or in transit, may take place from any quay, provided the custom-house clearance shall have been obtained ; any merchandize found on board without having been cleared through the custom- house, shall be held to have evaded the duty, and the clause which treats of the evasion of duty is applicable thereto. Art. 25. Every ship having cargo on board for any port out of the province, as well as any vessel calling for orders, or having cargo on speculation, shall be granted "franquia," or permission to stay in port for ten days, but this period may be pro- longed by the Director of the Custom-house, should there be any reasonable motive to do so. Art. 26. During the period of this free stay or " franquia," samples may be taken to the custom-house once only ; these samples will be allowed a free entry, provided the duty leviable thereon is not more than 500 reis. Section S.-^J^uggage and Passengers. Art. 27. Passengers arriving by sea, whether bound to the province or in transit to other ports, shall be allowed to land immediately after the ship shall have been visited, and their luggage is to be examined immediately, either on board or on the custom-house quay, at any hour of the day, even on holidays. Chapter II.— Rules relating to Merchandize. Section 1. — Storage. Art. 28. All articles liable to duty will be warehoused gratis for six months, at the expiration of which they will have to pay per month as follows : — Dry articles, 50 reis per- 100 kilog. .. ,. .. .. 2- 66c?, Liquids, 1 real per litre ,, .. .. .. .. 0-053rf. These rates will be recovered on the clearance of the same. Art. 29. Articles that are free of duty will not be warehoused gratis for more than eight day-s, at the end of which they wiU be liable to the payments mentioned in the foregoing Article. Art. 30. All merchandize of an inflammable nature is not to enter the custom- house stores, but, after being landed, it must be examined on the quay, whence it must be conveyed to the owner's stores. Art. ai. Gunpowder, however, shall continue to be kept in the military forts, and in the magazines belonging to the State, in accordance with the established custom. The Governor-General, after consulting the Council of Government, is hereby autho- rized to issue uniform regulations for all the custom-houses as to the mode of clear-, ance of this article, in order that the custom-house and the military authorities may act in haymony : the so-called " gunpowder fees " are abolished, and henceforward the Tariff duty and the storage rates; are alone to be paid upon this article, in accordance herewith. Art ?2. In the case of merchandize in transit from one custom-house to another, the custom-house pass shall mention the date of entry, in order that in the custom- house through which the said mei'ohandize may be cleared, the storage rates should be 13 prbp'^rly computed ; it is understood that the six moaths' gratuitous storage is to be rectbUed by adding up the whole of the time during which the merohaudize may have been stored in different custom-houses. Art. 33. Any parcels re-entering the Customs stores, after being presented for clearance, shall pay the storage rates from the month in which they may have re-entered the same, but no parcels will be allowed to re-enter more than twice. Art. 34. Whenever, owing to the abundance of merchandize, no custom-house stores, or any hired stores, are available for the reception of merchandize in deposit or in bond, it may be deposited in private (Stores, but every door is to he closed up with the exception of one door alone, of which use is exclusively to be made. This door is to have two different keys, one to be kept by the Custom-house, and the other by the owner of the merchandize, which is, however to be examined on its entry, and the proper amount of duties is to be calculated, the owner of the said merchandize being responsible for the same. Art. 35. Any merchandize deposited in the custom-house sheds or yards wiU only pay one-half the usual storage rates. Art. 36. In the event of a wreck taking place, or of a ship being forced to put in, and of her requiring to unload, the Director of the Custom-house is authorized to hire the store that may be WB,nted for the purpose of storing the merchandize thus saved or landed, should the Custom-house not have any available stores of its own. This expenditure is paid for in accordance with the 1695th and 1596th Articles of the Commercial Code. Art. 37. Any merchandize not cleared within two years shall be sold by public auction, thirty days' notice being given beforehand. Prom the proceeds the amount of duty, the storage rates, the cost of improving the merchandize, and the auction charges are to be deducted. The balance shall be lodged and deposited in the public coffers, where it shall be kept until it is delivered up to the person entitled to receive the same, if claimed within ten years, at the expiration of which the said balance will ■fevert to the public Exchequer. Art. 38. Merchandize in deposit or in bond is liable to the payment of the duty in force when it is actually cleared, and not to that which was in force when it was entered. Art. 39. The parties who have the right to dispose of any merchandize in deposit or in bond shall be aUowed to improve the same within the custom-house stores, or yards, and also to take samples as far as may be strictly necessary to make people acquainted with the quality of the merchandize. Art. 40. The Custom-house is not responsible for any deterioration or any accidents which may befall any merchandize in deposit or in bond. Section 2. — Import Duties. Art. 41. Goods and merchandize from foreign ports shall pay the duty fixed in Schedule (A). Those, however, which are produced or manUfectUred either in the continental part of the kingdom or in the adjacent islands, or else nationalized therein Tby the payment of the excise or " octroi " duties, shall only pay 50 per cent, of the duties specified in the said Schedule (A), as Well as all colonial goods arriving from the transmarine possessions of Portugal. Art. 42. "Whenever ad valorem duties are to be levied on imports, these duties are to be calculated upon the value of the merchandize at the place ot origin or produc- tion, adding thereto the amount of freight, insurance, and commission as far as the place of importation. Art. 43. Should the Custom-house consider the value given to the merchandize to be insufficient, it may purchase it for the State, paying the owner the value as declared for clearance, together with an additional 10 per cent., or else it will cause a proper valuation to be made. Art. 44. The Custom-house is bound to make a valuation if the clearance agent should ask for it, whenever the Customs officers refuse to accept the value declared by him. A^et. 45. Should the valuation prove that the value of the merchandize is not 5 per cent> over and above the amount declared, the duty shall be levied upon the latter amount. Should the excess, however, be 10 per cent.^ the Custom-house may either purchase the merchandize for the sum declared, or else levy the duty upon the amount of the valuation. j h ^, Art. 46. Whenever the valuation shall exceed 10 per cent, over Wd «0QY^ the amount declared, the duty shall be increased 50 per cent, as a fine. u Art. 47. The expenses of valuation are to be paid by the clearance agent if the valuation exceeds 5 per cent, over and above the amount declared. If it does not exceed it they shall be paid by the Custom-house out of the fees. Art. 48. In order to proceed to the valuation of merchandize, the clearance agent shall name an arbiter, and the Director of the Custom-house shall name another, and these two shall name a third, who is to have the casting vote. Should the two arbiters be unable to agree as to the choice of the third arbiter, he shall be nanaed by the Judge of the district, and, in the latter's absence, by the Judge called " Juiz de Paz." The Director of the Custom-house wUl apply in writing to the Judge, askmg him to make this appointment. Art. 49. The owner of any merchandize arriving from any place out of the province must present, on clearing the same, the bill of lading, signed by the master, or else the invoice, a letter, or some other document, in order to prove his right to receive the merchandize in question. Should these documents be imssing, the Custom-house will deliver up the parcels, provided it is stated in the manifest that they are consigned to the party applying for the clearance of the same, or provided security is given that the missing document wiU be presented within a reasonable time. Art. 50. No merchandize can be cleared unless the clearance agent shall have declared the value of the same. In case he .should not have received an invoice or some other document to enable him to do so, the Director of the Custom-house will allow him to open the several bales and examine the merchandize, and thus declare the value of .the same before the examination by the Custom-house shall take place. Art. 51. No merchandize, after being cleared, shall be delivered to the owners unless the duty thereon shall have been duly paid, excepting the riiles laid down in the following Articles. Art. 52. All clearance tickets the amount of duty of which is under 100,000 reis shall be paid at once in cash. Those, however, of which the duty exceeds 100,000 reis may be paid, should the clearance agent wish to avail himself of this permission, in bills to the order of the local Treasury at certain fixed periods, to be indorsed by two firms, and duly guaranteed by an equivalent value existing in the custom-house ; but such periods are not to exceed three months. Art. 53. All clearance tickets that axe paid by bills shall be entered as Customs receipts like all others ; paid cash down before the merchandize leaves the custom- house. These bills must be sent on to the local Treasury, or to its agents j on the 1st of every month. The numbers of the clearance tickets shall be noted on the biQs, and, vice versd, the numbers of the bills shall be noted on the clearance tickets. Section 3. — Questions between the Custom-house and Merchants. Art. 54. Any questions that may arise between the owners of merchandize or their agents and the Customs oflGlcers as to the examination of merchandize, or as to the amount of duty, shall be decided by the Director of the Custom-house in con- ference with the two Custom of&cers next in rank to him. A record shall be drawn up of this conference, and a copy shall be given to the respective party ; but should the latter dispute the decision, appeal may be made to the Local Board of the Treasury, by whom a final decision shall be given. § 1. The appellant, should he wish to have his merchandize out of the custom- house before his appeal is decided, will have to deposit the highest amount of duty ; but this amount shall be entered in a special book set apart for the purpose, and the real amount paid will be passed over to the general Customs receipts as soon as the Board of the Treasury shall have decided the matter. § 2. The permanent Tariff Commission appointed in virtue of the 22nd Article of the Decree of the 12th November, 1869, is hereby abolished. Section 4. — Tares. Art. 55. All merchandize upon which a specific duty is leviable, in accordance with Schedule (A), shall pay that duty upon the net weight, which is to be ascer- tained, whenever it may be possible to do so, out of the respective tares ; but should it be impossible to do so, an allowance for tare is to be made in accordance with Schedule (D). Art. 56. Cotton textures, both dyed and printed, are always to be weighed out of the tares ; grey cottons may be weighed therein, but a few bales must be opened at " the side, in. order that, without takiBg- away the iron belts, it may he ascertained vhether any other kind of textme is contained therein. Whenever it may he deemed necessary, the hoops of some of the hales will he taken out. Section 5. — Exemption from Import Duties. Art. 67. In addition to the articles the importation of which is free in accordance with No. 25 of Schedule (A), the following shall also he imported free of duty : — (a.) Any seizures that may he made ; (b.) Fragments of any wrecks ; (c.) Luggage, including any clothes or furniture already used, as well as any tradesmen's implements belonging to the passengers or crew of any ship. Should any question arise, it shall be decided by the Director of the Custom-house in conference with the two Customs officers next in rank to him, saving the right of appeal to the Governor of the district, whose decision shall be final ; (d.) Any articles ordered to be cleared by the Local Board of the Treasury ; the clearance of the same is to be made by its agent, and the letter of the Governor- General granting the necessaiy permission for the purpose shall be attached to the respective clearance ticket. Section 6. — Articles the Importation of which is prohibited. Art. 58. The importation of the following articles is prohibited : — (a.) Pieces of artillery ; (b.) Books, engravings, or other articles that are obscene or immoral ; (c.) Copper money, except that from Portuguese ports ; (d.) Any wines, textures, or otber articles having any labels or titles stating them to be a national product, if it should be proved that such is not the case. Art. 59. The Governor- General of Mozambique, with the assent of the Council of Government, has the power, whenever circumstances may require it, to regulate or to restrict the clearance of arms or guns and gunpoAvder bound to the interior. Section V. — Average. Art. 60. Whenever averaged goods shall be presented for clearance, upon which the average shall exceed 3 per cent, of the original value, a reduction of the duty, i£ applied for by the clearance agent, shall be accorded in proportion to' their deprecia- tion caused by the average. This rule does not apply to any articles of food or to any medicines, which, if averaged to the extent of more than 3 per cent, of their value, must' he immediately destroyed ; but should the owners be opposed to this destruction, it shall not be carried into effect without the assent of the expert acting on behalf of the Provincial Board of Health. Art. 61. Whenever it may be possible to do so, in view of the nature of the merchandise, the part or quantity which has been averaged shall be separated from that which is in a sound and perfect condition, and the full amount of duty will be levied upon the latter part. Art. 62. Should any experts be appointed in the manner mentioned in the 48th Article, they shall specify the difference between the price of the merchandize in its averaged condition, and its value in a sound state. Should the two experts differ, the third shall have the casting vote. Should the interested party and the custom- house not come to an agreement, an appeal shall be made to the chief authority of the district. If so, the merchandize may be delivered over to the respective party upon his depositing the largest amount of duty. Section 8. — Export Duties. Art. 68. Articles exported to any national or foreign ports shall pay the duties specified in Schedule (B). Art. 64. The local Board of the Treasury shall draw up every quarter a schedule of the official prices which are to serve as a basis for levying the export duties, Avhich schedule is to be sent to the Several custom-houseS, it being understood that the schedule last received is the one in force, although the quarter may have already expired. In order to draw up this schedule, the Board of Trade shall apply tor infor- mation, in writing, from the local authorities and from any other persons that may be in a position to state what is the average price of the different articles produced m the province, upon which an export duty is levied. 16 Art. 65. The clearance of merchandize for exportation is effected by means of a declaration on the part of the owners, without any previous examination on the part of the Custom-house; and after payment of the duty, such merchandize may be embarked at any place ; but the Custom-house may, should it have any reason to suspect any fraud, examine the quality and quantity of the merchandize on board ship. Section 9. — Re-Exportation and Transhipment. Art. m. The re-exportation of any articles from any dep6ts in the Mozambique custom-houses either to Portugal or her Colonies, or to any foreign country, is free of duty. Art. 67. The transhipment of any merchandize from a ship arriving from any ports out of the province to another vessel bound to any place also out of the province, is likewise free of duty. Section 10. — Of the Mode of Clearance of Merchandize for Conveyance in the Coasting Trade. Art. 68. The conveyance, by sea, of any merchandize which may have paid the import duty, as well as of the products of the country, between any ports in the province, under any flag whatsoever, is free of duty. §. The embarkation of such merchandize shall not take place until a regular clearance shall have been made in the manner laid down for the exportation of merchandize. Section 11. — Transit. Art. 69. The transit of merchandize Habile to duty from one custom-liouse where it may have been in bond to another where it is to be cleared and the duties thereon paid, shall be allowed, in accordance with the option referred to in the 11th Article, provided the necessary declarations, signed by a duly qualified person, are sent in, upon receipt of which the Custom-house shall hand the respective party a pass with two counterfoils, specifying the marks, numbers, and the quality of the merchandize, as well as the weight; but the sealing or stamping of the several parcels is dispensed with. One of the two counterfoils above referred to shall be sent back by the Custom-house to which the merchandize is bound to that from which it was dispatched ; and the same shall be attached to a third counterfoil, which shall have been kept in the custom-house whence the merchandize was sent. Art. 70. The transit of merchandize arriving from any place out of the province for the purpose of being conveyed overland or by river to any of the foreign countries by which the Portuguese territory is bounded on the north and on the south, as well as to the regions which are situated beyond the point of confluence of the Eivers Shire and Zambesi, shall be allowed through the Custom-houses mentioned in the 11th Article, upon payment of the sole duty of 3 per cent, ad valorem. § ] . The necessary instructions will be issued by the Governor- General to the respective Custom-houses for the immediate execution of the provisions contained in this Article. § 2. The reduction of the duty mentioned in the 41st Article is applicable to any merchandize cleared in transit. Chapter III.— Ehes, Art. 71. The Custom-houses shall levy the fees specified in Schedule (C) for the clearance of ships, and in remuneration for the several acts mentioned in the said schedule. Chaptee IV. — Statistics. Art. 72. The owners of merchandize or their agents, as well as the respective Customs oflacers, shall describe in the clearance tickets the several articles cleared through the custom-house, giving as full details as possible, which will serve as a basis for drawing up the statistical Returns of the custom-houses. 17 Chapter V. — Op Smuggling, Defrauding the Duties, Infractions op the Regulations, and Penal Enactments. Art. 73. Smuggling shall be punished with the loss of the goods smuggled, and with a fine which is not to exceed the value of the said goods, hut must not be less than 25 per cent, of that value. Art. 74. The owner or the receiver, or else, in the absence of these, the carrier of any merchandize in evasion of the duties, is liable to a fine equal to double the amount of the duty as a minimum penalty, and to five times that amount as a maximum penalty, provided the latter does not exceed double the value of the merchandize upon which the duties may have been fraudulently evaded. §. Should the merchandize, however, be found in a secret partition, or in any other hiding-place, or concealed or mixed up with other merchandize upon which a smaller duty is levied, or which is entirely free; or should any merchandize be conveyed inwards after being cleared from the custom-house, either for transit or for re-exportation, the fine imposed shall be equal to the value of the merchandize upon which the duty shall have thus been defrauded, adding thereto five times the amount of the duty as a maximum penalty, provided this maximum does not exceed the total value of all the merchandize in question ; the minimum penalty to be double the amount of the duty. Art. 76. Any infractions of the fiscal regulations not amounting to any evasion of the duties shall be punished with a fine of from 2 to 200 mUreis, according to the extenuating or aggravating circimistances of the case. Art. 76. In every case when the duties have been defrauded, the merchandize itself, as well as the vehicles by which it is conveyed, shall be seized, and kept as a security for the payment of the fine, if the latter is not paid immediately or its amount deposited. Art, 77. The owners of the merchandize and of the vehicles by which it is conveyed are responsible for the proceedings of their clerks, carriers, agents, or employes, in everything that relates to the payment of the duty, as well as to any infraction of the fiscal regulations. Art. 78. The mode of procedure shall be strictly in accordance with the rules laid down in the " Novissima Reforma Judicial :" but the trial of such, cases shall appertain to the Director of the Custom-house, saving the right of appeal to the Local Board of the Treasujy. Art. 79. The penalty imposed upon the crime of defrauding the duties is applicable to the case of masters of vessels who hand in incorrect manifests and lists of surplus stores, and, therefore, any parcels that may be found in addition to the proper number, or may be wanting, after the vessel is unloaded, and the manifests have been collated, shall be held to be an evasion of the duties. Any false declarations, by which loss may accrue to the Treasury, are also punishable with the same penalty which is imposed upon the crime of defraudiag the duty. Art. 80. All goods liable to export duty shipped without a custom-house clearance, and found on board in greater numbers than those specified in the clearance ticket, or in case they should be a different kind of article, shall also be held to be an evasion of the duties. Art. 81. Any vessel which may have obtained permission to proceed to any port where there is no custom-house, and shall, not return to the port whence she started, or else to another custom-house, in. accordance with the declarations the vessel may have made, as laid down in the 12th Article, shall be liable, unless it be proved that she was compelled to steer another course through "force majeure," to the maximum penalty which is imposed for any infraction of the fiscal regulations, and, moreover, to the penalty imposed for defrauding the duty, should it be proved that the vessel has been guilty of this last-named offence. Art. 82. Any articles composed of fulminating materials, as well as those of an inflammable nature that may be found in any parcels in the custom-house, upon the outside of which the nature of their contents shall not have been specified when the said parcels were entered at the custom-house, shall be seized; moreover, the owners or their agents shall be responsible for any damages that may be caused by any such omission. , ,„ , , „ -• i Art. 83. The laws for the suppression of the Slave Trade shall continue to remam in full force. ^ „ [212] ^ 2 18 Finul Provisigns. Art. 84. The 3 per cent, and 1 per cent, ad valorem rates wtioh have been hitherto levied in the Mozambique custom-houses, to be applied to public works, are hereby aboHshed, and the Local Q-overmnent is expressly forbidden to renew the same, or to impose for the future any taxes whatsoever upon imports or exports. §. Out of the general Customs receipts of the Province of Mozambique, the Government will apply the part which may be necessary in order to meet the charges referred to in the 2nd Article of the Law of the 12th April, and also in the 2nd Article of the Decree of the 28th December, 1876. Art. 85. All the regulations at present in force with respect to the clearance of merchandise from the custom-houses of the Province of Mozambique are hereby cancelled ; and it will be the duty of the Governor-General and of the Lieutenant- Governors, with reference to any cases that have not been provided for, to issue such regulations as may be called for in accordance with the present Law, and also such precise instructions as may be required in order to carry out the foregoing Articles, and other provisions relating thereto, always bearing in mind that the formalities of clearance are not to destroy the object in view, which is to simplify the mode of clearance from the custom-house, for the benefit of trade, but not excluding a proper fiscal supervision. (Signed) JOSE DE MELLO GOUVEIA. Marine and Qolonial Department, Lisbon, July BO, 1887. Annex. Provisions reiating to the Pilot Service. 1. The salaries voted in the Budget for the Province of Mozambique in favour of the Masters of the Ports are hereby maintained. It is their duty to pilot all ressels reqjiiring a pilot, upon payment of the fees laid down in the following Articles : — 2. The fees referred to in the foregoing Articles are to be fixed temporarily by the Governor-General of the Province in GouncU, after obtaining the opinion in writing of any experts or of any other persons who may be able to give him information as to the dangers and difficulties attending the entrance into the several harbours, in order that the salaries of the pilots may be duly proportioned to the labour and risk incurred ia each, provided the maximum charge for piloting a ship of the largest tonnage shall not exceed 50 milreis. 3. The Masters of the Ports or bar pilots must provide proper vessels and crews for the same at theu' own expense. 4. Should it be found that in view of the local reports, the pilot's salary at any port, together with the total average amount received for pilotage during the last two years, does not make up a sufficient remuneration for a skilful pilot, the Governor- General is hereby empowered to increase his salary temporarily, acquainting the Government with the fact. 5. The salaries of the Masters of the Ports and of the pilots are considered as an allowance for house-rejit. Whenever they may be unable to serve, the chief authority of. the district must appoint some one duly qualified to act in their stead. 6. The Governor-General shall draw up the necessary regulations for the pilot service in the ports of the province, in accordance with these provisions, and with the legislg^tion in force in the continental part of the kingdom, as far as may be applicable thereto. (Signed) JOSE DE MELLO GOTJVEIA. Department of Marine and (hlomes, Lisbon, July SO, 1877. 19 Schedule (A). Impoet Duties in the Cwstom-houses in the Province of Mozambi quL'. Nos. of Articles. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Name of Merchandize. Sugar, in any condition . . Olive oil Distilled beverages, whether sweetened or not, in any condition, of any kind, and in any kind of vessels . , Fermented bsverages of any kind (wine excepted), in any condition, and in any kind of vessels . . Wine, in casks, bottles, or demijohns Tea Beads of any kind, glass trinkets (" missangas "), beads made of glass or of any other materials, glass wares (" aveUorio "), false coral, &c. . . Ships — Either new or seaworthy, transferred to the national flag Condemned as unseaworthy, for breaking up, sold entire, or in separate lots, excepting provisions and surplus stores • . . , . . . . , Condemned as unseaworthy, and for breaking up, that may be rebuilt and transferred to the national flag, irrespective of the costs of rebuilding or repairing the same , . Hoes, not for agricultural use, called Kaffir hoes (" Cafrea.es, landimas, ou de beja ") , . Guns, gun-barrels, and revolvers .. ., Butter from Europe or India . . . . , , Molasses Metals — Raw, excepting iron .. Wrought, including small shot, and any tubes not made of iron, and excepting the articles of mer- chandize mentioned in the IJth, 12th, and 16th Articles Pistols and barrels of pistols Gunpowder Tobacco — Non-manipulated Manipulated into cigars Manipulated in any other form , . . . . . Cotton textures — Woven, plain,, serged or twUled, including ticking; and articles of the same tissues, grey, bleached, including handkerchiefs Woven, plain, serged or twilled, including ticking ; and articles of the same tissues, printed, dyed in the piece or in the thread . . . . . . Open or transparent, such as muslin, lace, tulle, and net ; thick (" de pello "), such, as flannels and blunkets, cotton velvets, plushes, quiltings; any others not specified in the preceding articles and articles of the same tissues Woollen, linen, sUk, or any other tissues, or mixed with cotton, whatever may be the predominant mate- rial ; and other articles of the same tissues All merchandize not mentioned in this Schedule Unit. Kilog. Litre Kilog. Ad vol. Dutv. Re is. SO 20 90 20 40 150 50 S'erlinff. .S-. f. <> 1-60 t) I -OG 4-80 1-06 2-13 8 2-66 Each Kiiog. Litre Kilog. Ad val. Each Kilog. Ad val. 5 per cent. 4 60 1,500 80 90 6 3-20 8 4-26 4-80 5 0-26 6 per 500 100 cent. 2 2-66 5-33 200 600 400 2 1 10-66 8 9-33 90 4 '80 160 8-53 10 per cent 10 „ Free of duty. (Signed) Marine and Colonial Department, lAsbon, July 30, 1877. JOSE DE MELLO GOUVEIA. 20 Schedule (B). ExpoET Duties. Name of Merchandize. Earth-nuts ("amendoim"), sesamum ("gergelim"), and other oily seeds Orchilla weed (" urzella ") . . Gum ,. .. .. .. ■. •• Hides and skins . . . . . ^ Gutta-percha, caoutchouc, or india-rubber Wax .. .. .. Cowry (" cauril ") Ivory (" marfim ") . . All other kinds of merchandize not mentioned in this Schedule Unit. Ad valorem Duty per Cent.] 1 per cent. 1 2 2 4 4 4 Free of duty. (Signed) Marine and Colonial Department, Lisbon, July 30, 1877. JOSfi DE MELLO GOUVEIA. Schedule (C). List of Fees levied in the Mozambique Custom-houses. No. 2 3 4 5 6 7 S 10 11 12 13 14 15 16 17 For the custom-house clearance of any trading or coasting ship from the entrance imtil the departure of the fiscal officers, exclusive of any act mentioned in the following articles (Note A) Surety bonds , . . . . . . . Cancelling any deeds .. .. .. .. Daily fees to each of the Customs officers on wreck service at the bar (Note 5) ,. Ditto ditto on the coast (Note C) Daily fees to each of the Customs officers on wreck service at the bar (Note^) .. Ditto ditto on the coast (Note O) Surveys or any other service out of the ordinary Custom-house houTj', i.e., before 9 a.m. or after 3 p.m., or on holidays whenever the parties in- terested shall apply for such service, and provided such service is per- formed out of the custom-houses, or of the Customs stores (Note B) . . Searching any records in the custom-house books, or among other records, if dated more than a year previous to the time of search, and provided the respective parties do not state the month Certificate extracted from any books which have been closed as fur as two pages Certificate extracted from any books which have been closed, for each page beyond the second , . . . . , , , Certified copies of any clearance tickets, passes, or of any other sundry documents, per each document . . . , , , Certified copies of any documents written in a foreign language Fees to be paid into the Customs guards' cofiers for each vessel carrying a guard who is accompanying merchandize that is re-exported or cleared in transit, pro%-ided such merchandize is liable to duty (Note C) Customs guards' service on board ship, per diem (Note C) Surveys held on board, in order to ascertain the imseaworthiness of any ship, in accordance with the Decree of the 11th Ai^ust, 1852 Fees to be levied on proceedings instituted on account of any seizures, or of any infractions of the fiscal regulations, and on auctions . . The fees, as specified in the schedule of fees of the judicial Tribunal which may be in force in the province, as far as they may be applicable. For this purpose the Director of the Custom-house is placed on the same footing as the Judge, the Custom-house scrivener as the judicial officer of the same name, the public crier and the Customs guards who serve the legal notices as the judicial officers ; but the total amount shall be put into the coffers, either of the internal or of the external officials according as the case may be. Reis. 13200 200 100 UOOO 2S000 300 600 1§000 500 300 100 200 400 250 400 4S509 Sterlinjf. £ s. d. 5 4 10-2 5-3 4 5 8 10 1 4 2 8 4 5 2 2 1 4 5 10 19 1 1 1 9 1 NOTES. A No fees are to be recovered froin any vessels which do not effect any commercial operation. B. ITiese items do not form part of the revenue derived from fees, which is placed in the coffer set apart ior the purpose, but are received m full by the Customs officials who perform the service. 21 C. These items fofm part of tlie revenue which is ])laced in the doflPei's of the guai^ds of the respective custom-house, and ave ouly received on account of the stay of theC.istoms guar Is on board ships in the follo.vi i^ cases : — 1. After ton day.< shall have elapsed since the date of the arrival of the ship. 2. Wlionever the Customs guards shall be acting as health guards on board ships in quarantine. 3. Wlienevcr any provisions or extra stores are kept on board after the vessel is unloaded, and at the request of the respective parties. "1. Whenever a vessel; liaving on board the whole or part of her cargo, is being repaired. 5. Whenever leave is applied for to load and unload at the same time. 6 Whenever a ship shall load, unload, or tranship cargo, or be placed under " franquia," that is, be grantad permission to retain c;irgo on board for other ports outride the usual anchorage, where ships under the Custom- house supervision are in tlie habit to anclior. Should there not be a sufficient number of Customs guirds, application is to be made to the proper military authority for a number of soldiers, who, in addition to their pay, will receive an allowance of 200 reis (lOrf.) psr diem, to be paid by the Treasury, provided it is not one of the cases mentioned in the six foregoing numbers, and out of the Customs guards' coffer, should the contrary bi the case ; but the ditferencc between the 200 reis (lOrf.), and the 400 reis {Is. 9d.). paid by the ship, is to be placed in the said coffer. (Signed) JOSfi DE MELLO GOUVEIA. Marine and Colonial Department, Lisbon, July 30, 1877. Schedule (D) SciiEDUi.K of the Allowance for Tare lo be made from the Gross Weight of Merchandize subject to Specific Rates of Duty. Merchandize. Nature of Parcels. Tare, Reis Sugar . . .. • • Barrels, casks, and cases ,. 10 per cent. Baskets and-hampers 6 )i Sacks . . . . • • 2 Tea . . • ■ • ■ , , Single chests , , 30 99 Double chests , , 40 )J Inclosed in cases . . •• 2 per cent, addi- tional. Liquids ■ ■ ■ • , , Molasses . . • . 10 per cent. (Note A) ■ ■ ■ > Not specified . • 18 1? Butter . . . . . • Barrels or firkins 20 5» Jars or jugs .. 30 55 Textures • ■ • * • • Bales with hoops * . 3 *5 Bales without hoops. . • • 2 3» Any other merchandize «hen not Barrels, casks, cases, and leather sacks . . • . 12 3) weighed out of the tiires Panniers, hampers, large baskets, baskets, small barrels, tin cases, small panniers, round baskets, baskets (" cabazes ''), and wooden crates 6 Parcels that are cased or covered with oilskin cloth. besides the respective tare, an additional allow- ance of . . ■ . ■ . , a 2 3» Vases or earthenware . • . . a a 25 J) Bottles of glass • « . . 10 5J Note ^.— The laws of liquids are mentioned, although these articles do not pay duty by weight, because it is by*wei"-lit that a more correct estimate can be formed of the quantity of liquid contained in the different casks, for°which pur|)ose the followins? process ought to be adopted : let the cask be weighed, deduct the respec- tive tare, the remaindi-r (in kilogrammes) must be divided by the number of grammes which is equal to a litre of wine,' brandy, or of iuiy oiher Uquid, as the case may be, and the quotient will give the number of litres containJd in the'cask. In ordi-r to know the proper weight of the litre, there mnst be a duly gauged measure, with the allowance for tare marked thereon. ^ ^ ^^r^,^^-,-. (Signed) JOSfi DE MELLO GOCJVEIA.. Marine and Colonial Department, Lisbon, July SO, 1877. o a o ^ •^ 2 09 f- •^ s -* ij. H-» q" 00 00 Cb lb. S ^ I Si, H K S' » 22 n i: as 2? 5" - en > o p a != 313 ^ ^ "^ s. e*- -=3 CD p g^ o &s VI O :? o fD O (IS 1— ( Q 2. 3 .^ Treat Tran CD t2i •<. p ST ^ 5' dS' OD OS B B 2. l-i (0 00 00 s ':? •^ ^ o a" p a M 1 ^ t ./ V ■ ; Further Papers relating to Events connected with the Negotiations with Portugal for a Treaty respecting the Congo Eiver and the adjacent Coast : 1884. JJo. 1. Sir C. Wyke to Earl Granville^— ^(Received February 7.) (Extract.) Ldsbon, February 2, 1884. T TKANSMIT the text of three Treaties concluded between some African Chiefs and the Conrit6 d'Etud«s du Haut-Congo. Inclosure in Eo. 1. Two Contracts and Treaty in 1882 and 1883, between Comite' d'jEtudes du Haut-Congo and several African Chiefs. I.—Contrat entre V Expedition Beige et Laitete, Chef de N'Gambi. h'AN 1882, le 20 du mois d'Octobre, entre le Lieutenant Walcke, Agent du Comite d'Studes du Haut-Congo, assiste de : le Lieutenant Vangele, Agent du Comite pr^cite ; le Scms-Lieutenant Orban, m^me qualite; M. Charles Calewaert, m^me qilaUt6; et Lutete, Chef du district et village de Kindokki, et les Sous-Chefs soussignds, a et6 convenu : — 1. Les Chefs cedent en toute propriety, au Comite d'Etudes du Haut-Congo: le terrain s'etendant entre les Eivieres Nsoundon et Ntpmbe jusqu'a leur confluent, et Je chemin conduisant du village de Laufountelion de Lutete '^ c.elui de Kimbanda. lis autorisent les agents de ce Comite k j construire des habitations, magasins, &c. ; et a y faire des cultures. lis s'engagent k n'autoriser dans toute I'etendue de leur territoire I'etablissement d'aucune entreprise sans avoir obtenu au prealable Tautorisation du Comity susdit. 2. lis autorisent les agents de ce Comite a tracer des routes k travers leur territoire h I'exclusion de toute autre entreprise et cMent ces routes en toute propriety k ce Comite. 3. Le Comity s'ehgage i faire le commerce dans son etablissement, si des produits sont preserites en vente a des prix remunerateurs. Ces transactions commeneeront, au plus tard, au jour ou les constructions de la station seront terminees. 4. Nul autre que les agents du Corait6 pr^cite n'est autorise k venir faire le commerce dans les limites du territoire des Chefs susdits. 6. Les Chefs s'engagent k assurer la securite des caravanes du Comite du Haut- Cono'o, et k n'exiger aucune redevance pour le passage sur leur territoire quelle que soit ,1a nature des produits transport's. 6. Le Comite susdit s'engage a fournir aide et protection aux Chefs design^s ci-dessus. Independamment du prix debattu et pay' en ce jour, il payera mensuellement a Lutete deux pieces d'etoffes, et k Maquito deux pieces d'etofFes, ou a leurs 7 Les Chefs s'engagent en retour a entretenir la route ^tablie, k fournir a la station des travailleurs moyennant une redevance a debattre entre les Chefs et I'agent commandant de la station, a frequenter leurs marches, et y acheter en se soumettant aux "^^^ Traduction du present contrat ayant ete faite aux Chefs susdits, ils d'clarent en accepter les differentes -clauses. En signe de quoi, ayant de'clare' de ne pas savoir signer, •• [285] ^ lis ont appose leur croix ci-dessus [sic]. Ainsi fait en double expedition, aujourd'hui, le 20 du mois d'Octobre de I'annce susdite. (Signe) VAFGELB. L. WALCKE. F. ORBAK OH. CALEWAERT. LUTETE, Ba x croix* MAQUITO, idem. II.— Contrat de VExpediiion d'Etudes du HauUQmg^, avec Jomo, Qh^ de Selo, aupres de la Riviere Nsadi Zikissi^ L'an 1882, le 29 du mois d'Octobre, entre le Lieutenant Louis Walcke, Agent du Comite du Haut-Oongo, agissant au nom du Comite pr^cite, assiste de : (.1) le Lieutenant Coquillart, Agent du Comite precite ; (2) le Sous-Lieutenant Orban, mSme qualite'; (3) M. Oalewaert (Charles), m6me quality, et les Chefs: (1) Jouzo, Chefs des villages et du distriet du Seloj (S) TchaUa, Chef da village de Selo, feudataire du precedent, a ete convenu : — . 1. Les Chiefs susnommes reconnaissent la souverainete du dit Comite. 2. lis autorisent les agents du dit Comity ^ construire sur leur territoire des routes, maisons, magasius, &c., a faire des cultures, et cela a rexclusioa de toute personne n'appartenant pas au dit Comite. 3. Du jour oij le dit Comite commencera a faire le commerce dans son etablissement de Lutete, les dits Chiefs s'engagent ^ d6fendre k toute personne etrangere au dit Comite, de faire le commerce dans toute I'etendue de leur territoire. 4. lis s'engagent a faire passer la Riviere Zikissi a toutes les caravanes du Comity d'fitudes du Haut-Congo, moyennaiit une retribution de deux pieces d'dtoffes (white ou striped domestic) par caravane. 5. lis n'exigeront jamais de droit de passage d'aucune nature des dites caravanes, quels que soient les ptoduits transporte's. 6. lis autorisent ^ventuellement le Comite d'fitudes du Haut-Oongo h. etablir sur la Riviere Zikissi une embarcation pour faire le transport des caravanes ; dans ce cas, a etablir un post© de Zanzibaristes sur leur territoire, 7. Du jour ou cette embarcation fonctionnera, le Comite prenomnie payera au Chef Tchalla une pi^ce mensueUement. Ces deux Chefs ne reclameront plus de ce jour aucune retribution. 8. Independamment des remunerations susdites, les Chefs prenommes ont regu en ce jour le prix de cession de leurs territoires dtebattu entre les deux pai'ties con- traetantes. 9* Le Comite du Haut-Congo promet aux Chefs susnommes aide et protection. Traduction du present acte ayant ete faite aux Chefs Jouzo et Tchalla, ils declarent en accepter toutes les clauses. En signe. de quoi, declarant ne pas savoir signer, ils ont appose leur croix ci-dessus [sic]. Ainsi fait a Selo, en double exp^'dition, an et date ci-dessus [«c]. (Signe) P. ORBAJf. L. WALCKE. OH. OALEWAERT. COQUILLART. Le Chef JOUZO, sa x croix. Le Chef TCHALLA, idem. in. — Contrat entre V Expe'dition Beige et Canga Pakktt {Ngulinkcmtm Noso, de Palltt Ballu). Traite. M. le Lieutenant Van de Telde, commandant la I'igne Vivi-lssangila de TExpedition Internationale du Haut-Congo, agissant au nom et pour le comple du Comite d'Studes du Haut-Congo, et : Ngulinkamma Foso, Principe ; Kacongo de "S'oso, Principe ; le Roi de Palla Balla, Ngulinkarama Kiangalla ; Cangaari Kutebi Kisiresi, Gatuka Mfumu, Tellente, Kacongo de Tellente ; Ngulinkamma Kelombi, Kunpangalla Kenelombi, Chefs iniependants du district de Palla Balla, se sont reianis le 7 Janvier, 1883, en conference £1 I'embouchure de la Mpozo, Nuam Mpozo, h I'effet de discuter et d'arreter diverses mesures d'int^r^t gouimun. Apr^s mur examen, Us pnt arr^t^ les dispositions, et pris les engagements qui font I'olyet da present Traits, ^ savoir ;— ARTICLE I. IXgulinkamma Koso, Kgulinkamma Kiangalla, NguBnkamma Tellent^, INgulinkamma Nefantilla et Jfelorobi, reconnaissent qu'U est hautement desirable qxie I'Exp^dition Internationale du Hant-Copgo cree et d^veloppe dans leurs Etats des ^tablissements propre ^ fkvoriser le commerce d'echange, et k assurer an pays et ses habitants les avan- tages_ qui en sont la consequence. DanS ce but, ils cedent et abandonnent en tonte propri^t^ au Comit6 d'Etudes dn Haut-Congo les tepritoires compris dans leur apanage. ARTICLE 11. IS'gulinkamma IS'oso, Ngulinkamma Kiangalla, Ngulinkamma Tellentd, IsTgulinkamma Nefantilla, et IsTgulinkamma I^elombi, aflfirment solennelileiment que ces territoires font partie integrante de leurg Etats et qu'ils peuvent librQment en disposer. ARTICLE III. La cessiion des territoires ap^cifi^ au dermgr paragraph^ de I Article V est consentie . moyenuant un present une fois donn^, de • un habit de drap rouge h. passementeries dorees, un bonnet rouge, nne camisole blanch*, une pidee de "white baft," une pi^ce de "red points," une eaisse de 12 bouteilles de liqueurs, 4 demi-jeannes de rhuni, 2 caisses de gin, 128 bouteilles de genievre, 20 pieces de mouchoirs rouges, 40 sangl^ts et 40 bonnets de coton rouge, que les Chefs prenonxuies d^dar^nt avoir regUt ^ ARTICLE IT. La cession du territoire entrain© 1 'abandon par Kgulinkamma Noso, Kgulinkamma Kiangalla, iifguTinkamma Tellent^, IsTgulinkamma Nefautilla, et IsTgulinkamma I^elombi, et le transfert au Coinit^ d'Btudes, de tons leg droits souveraing, ARTICLE V. Le Comitl Etudes s'engage expressement k laisser, aax indigenes etablis sur les lerlitoires c6d6s, la propri^t^ et la libre jouissance des terres qu'ils oceupent actuelle- ment, pour leurs besoins. II promet, en outre, de les proteger, de ddfendre leurs personnes et leurs biens contre les agressions on les empi^tements de quioonque porterait atteirite k leur liberte individuelle, ou chercherait a leur enlever le fruit de leurs travaux, ARTICLE VI, Ngulinkamma !N^oso, Kgulinkamma KiangaUa, IS^gulinkamma Kelombi aecordent en outre au Comite d'Etudes : — 1. La concession de toutes le« voies de communication a ourrir actuellefment, ou k I'ayenir, dans toute I'etendue de leurs Etats. Si le Comite le juge a propos, il aura le droit d'^tablir et de perc^voir k son profit, des peages sur ces voies, pour Findemniser des dgpenses auxquelles kur construction aura donn^ lieu. Les voies ainsi ouvertes comprendront, outre la route proprement dite, une zone de 20 metres a droite et k gauche de celle-ci. Cette zone fait partie de la concession, comme la route elle-m^me, et deviendra comme elle, la propriety du Oomitd d'Etudes. 2. het Chefs prenomm^s s'engagent, en outre, k fournir k cbaque station ou factorerie, chacun six travailleurs, pour le service des caravanes vers I'interieur, un minimum de six porteurs, ainsi que les' travailleurs necessaires pour la construction des routes et etablissements du Comite d*Etudes. Les hommes fournis par les Chefs seront payes suivant un contrat fait de commun accord pour les salaires. , 3. Le droit de trafiquer librement avec les indigenes faisant partie de leurs Etats. 4. Le droit de oultiver les terres non occupies, d'exploiter les for^ts, d'y faire des coupes d'arbres, d'y re'eolter le caoutchouc, le copal, la cire, le miel, et, gen^ralement, tous les produits naturels qu'on y rencontre, de p6cher dans les fleuves, rivieres, et cours d'eau, d'exploiter toutes les mines. II est entendu que le Comite peut exercer les divers droits mentionn^s k ce paragraphe 3 dans toute I'etendue des Etats de IsTgulin- kamma Noso,ITgulinkamma KiangaUa, Ngulinkamma Tellente, Kgulinkamma Nefantilla, et Ngulinkamma Nelombi. [285] ^ 2 >4 ^ ARTICLE VII. Les Chefs saBmentionnes prenireni 1' engagement de joindre leurs forces a celles du Comite pour repousser les attaques dont il pourrait ^tre I'objet de la part d'intrus, de n'importe quelle couleur. En foi de quoi le present Traite a 6te conclu, et ne sachant pas ecrire, ont mis leurs marques. (Suivent les croix des Princes en presence des temoins ci-apres qui ont Sign^.) (Sign4) A. Fontaine. A. M. RODRIGUES. L. Van de Velde» Mavombb. M. EONG. (Tran-slation.) I. — Contract detween the Belgian Expedition and Lutete, Chief of N' Gambi. IS the year 1882, the 20th October, between Lieutenant Walcke, Agent of the Comite d'Etudes of the Upper Congo, assisted by : Lieutenant Vangele, Agent of the above-mentioned Comite; Sub-Lieutenant Orban, ditto; M. Charles Calewaert, ditto; and Lutete, Chief of the district and Tillage of Kindokki, and their undersigned subordinate Chiefs, it has been agreed : — • 1. The Chiefs cede absolutely, to the Comity d'Etudes of the Upper Congo, the ground extending between the Eirers !N"soundon-and l^tombe as far as their confluence^ and the road leading from the village of Laufountelion of Lutete to that of Kimbanda. They authorize the agents of this Comite to constl-uct dwellings, , shops, &c., and to cultivate. They engage not to authorize over the whole extent of their territory the establishment of any enterprise without having first obtained the authorization of the said Comity. 2. They authorize the agents of this Comity to mark out roads across"" their territory, to the exclusion of any other enterprise, and cede these roads, as their property, to this Comity. " 3; The Comity engages to trade at its establishment, if products are presented to it for sale at remunerative prices. Business will commence^ at latest, at the date on which the buUdings of the station are finished. 4. I^one other than the agents of the aforesaid Comity is authorized to come and trade within the limits of the territory of the said Chiefs. 5. The Chiefs engage to insure the safety of the caravans of the Comity of thd' Upper Congo, and not to require any toll for passage over their territory, whatever may be the description of the products transported. 6. The above-mentioned Comity engages to furnish aid and protection to the above- mentioned Chiefs. Independently of the price agreed upon and paid to-day, the Comity ■will pay monthly to Lutete two pieces of cloth, and tO' Maquito two pieces of cloth,, or to ' their successors. 7. The Chiefs in return engage to take, care of the established road, to furnish workpeople to the station, for payment to be settled between the Chiefs and the agent commanding the station, to frequent their markets, and make purchases there, submitting to the custom of the country. A translation of the present Agreement having been communicated ta the above-^ mentioned Chiefs, they declare that they accept its different clauses. In testimony of which, having no knowledge of writing, they have affixed their mark below it. Done in duplicate thia day, the 20th of the month of October of the undermentioned year. (Signed) VAK-GBLE. L. WALCKE. F. ORBAF. CH. CALEWAERT. LUTETE, his X mark. MAQmTO, ditto. IL— Contract of the Expedition of Studies of the Upper Congo, with Jouzo, Chief of Selo, on the River Nsadi Zikissi. In t^e year 1882, tte 29th Ofetober, between (1) Lieutenant Louis Walcke,, Agent ?o\*a T, t"^^^^ °^ the Upper Congo, acting in the name of the aforesaid Committee; {2} bub-Lieutenant Drban, (Jitto ; (3) M. Calewaert (Charles), ditto ; and the Chiefs (1) Jouzo, Chiefs of the villages and district of Selo ; (2) Tchalla, Chief of the village of Selo, feudatory of the above, it has been agreed :. — 1. The above-mentioned Chiefs admit the sovereignty of the said Comity. 2. They authorize the agents of the said Comity to construct roads, houses, and shops on their territory, to cultivate, and this to the exclusion of any person not belonging to the said Comity. 3. From the day that the sai:d Comit^ shall commence trading at its Lutete establishment the said Chiefs engage to forbid all strangers to the said Comity to tradfe throughout the extent of their territory. 4. They engage to pass ^11 caravans belonging to the Comity of the Upper Congo across the River Zikissi on payment of two pieces of white or striped domestic cloth per caravan. . 5. They will never require payment of tolls of any kind from the- said caravans, whatever the nature of the products transported. • _ 6. They authorize the Comity d'Etudes eventually to establish a ferry o^ the River^ Zikissi to transport the caravans, in which case a post of Zanzibarists will be established in their .territory. 7. From the date of their ferry working the above-mentioned Comity will pay one piece- monthly to Chief Tchalla. These two Chiefs will not demand from that date any further contribution. / 8. Indeperndently of said remuneration, the ' aforementioned Chiefs have this day received the price of the cession of their territory as agreed tipon be,tweetf the con- tracting parties. 9. The C&mit^ of the Upper Congo promises the above-mentioned Chiefs aid and protection. Translation of this document having been made to the "Chiefs Jouzo and Tchalla, they declare that they accept all its -clauses. In testimony of which, not knowing how to write> they have affixed their marks above [sjjc]. ' Done at Selo, in duplicate, year and date above fsic]. (Signed) F. OEBAE"., L. WALCKE. CH. CALEWAERT. COQUILLAET. ,= 1, v' )v -. , Chief JOUZO, his X mark. ' ^;aS' - .Chief TCHALLA, (Ziffo. ' ■' .j'ifizh. '-■ ■ III. — -Contract hetwven the Belgian Expedition and Ganga Pakka (NguUhkamma Noso}^ of Pdlla Ballai Treaty, Lieutenant van de Velde, commanding the Vivi-Issangila line of the Ihternational' Expedition of the Upper Congo, acting in the name and on account of th6 Comity d'Btudes of the Upper Congo, and Ifgulinkamma Noso, Prince; Kacongo de Uoso, Prince; theEingofPallaBaJla,!NgulinkamniaKiangalla; (also) CangaariKutebiKisiresi, Gatuka Mfumu, Tellent^, Kacongo de Tellente ; Ngulinkamraa Nielombi, Kunpangalla Kenelombi, independent Chiefs of the district of Palla Balla, assembled on the 7th\ January, 1883, in conference at the mouth of the Mpozo, Nuam Mpozo, in order to discUss and decree divers measures of common interest. After mature consideration they decreed the arrangements, and entered into, the engagejnents which fbrm the object of the present Treaty, that is to say : — 6 ARTICLE I, ^guliukamma Noso, !NgulinkaniTna Kiangalla, Sgulinkamma Tellent^, Fgulinkainnia Kefantilla and Nelombo admit that it is highly desirable that the International Expedition of the Upper Congo should create and develop in their countries establish- ments with a view to favour carter, and assure to the country and its inhabitants the consequent advantages. With this end in view, theiy absolutely cede and abandon to the Comity d'fitudes of the Upper Congo the territory that belongs to them. ARTICLE II. STgulinkamnsia lifo8o, Ngulinkamma Kiangalla, J^giiUnkamma Telleut^, ]5fguliiikamraa Fefantilla, and Hgulinkarama JS'elombi affirm solemBJb^ that these, territories are integral portions of their dominions, and that they can freely dispose of them. ARTICLE TIL Th6 cession of the territories fepecified in the last paragraph of Article I ia agreed to, in consideration of a present, given once for all, of : 1 coat of red cloth with gold facings, 1 red cap, 1 white tunic, 1 piece of white baft, 1 piece of red points, 1 one-dozen box of liqueurs, 4 demijohns of rum, 2 boxes of gin, 128 bottles of gin (Hollands), 20 pieces of red handkerchiefs, 40 cinglets, and 40 red cotton caps, which the afore- itteiitioned 'Chiefs admit having received. ARTICLE IV. The said eession of territory imports the abandonnjent by KguHnkamma Koso, IsTgulinkamma Kiangalla, Nguhnkamma Tellent^, Kgulinkamma Nefantilla, and ISTgulinkamma Nekuni, and the transfer to the Comity d'JEtudes, of all their sovereign rights. ARTICLE V. The Comity d']Studcs expressly guarantees to the natives of the ceded territory their property in, and free enjoyment of, the lands they actually occupy, for their subsistence. It promises further to protect them, to defend their persons and goods against aggressions and encroachments, from whoever shall attempt to infringe their individual liberties or seek to take from them the fruits of their industry. ARTICLE VI. Ngulinkamma Koso, ]S"gulinkamma Kiangalla, Ngulinkamma l^elombi further concede to the Oomite d'fitudes : — 1. The concession of all the routes of communication now opened, or in future to be opened, over the whole extent of their territories. If the Coniit6 thinks fit it will have the right to establish and to farm for its profit the tolls on these routes, in order to indemnify itself for the expenditure involved in their construction. The routes thus opened out will comprehend, besides the actual road, a belt of 20 metres to right and left of it. This belt forms part of the concession, like the road itself, and becomes, like it, the property of the Comity. 2. The aforementioned Chiefs also engage to furnish, at each station or factory, six labourers each, for the service of caravans towards the interior, a minimum of six porters, as well as the workpeople, necessary to construct roads and the establishments of the CoHiit6 d'fitudes. The men furnished by the Chiefs will be paid^ after a scaler made by common accord, for salaries. 3. The right to traffic freely with the native subjects of the Chiefe. 4. The right to cultivate unoccupied land, to " exploit" the forests, to fell treesj, to gather caoutchouc, copal, wax, honey, and, generally speaking, all the natural produce that can be found, to fish in the streams, rivers, and water-courses, to " exploit " all the mines. It is understood that the Comit6 can exercise the diflFerent rights mentioned in this paragraph 3 over the whole extent of the States of Ngulinkamma lNoso,!J!rgurinkamma Kiangalla, "Cfgulinkamma Tellent6, iNgulinkamma Nefantilla, and Ngulinkamma Nelombi. AKTIOLB VIL ThQ Chiefs belowmentioned engage to join their forces with those of the Comite to repulse any attacks to which it may be subjected by intruder^, no matte? of what 6ol tO the Governor-General of Angola, who immediately dispatched the corvette " Eainha de Portugal," instructing the Commander to render such assistance as may be requisite lor the protection of life and property, and has been lying off this port since the 2 1st of last month. I arrived here on the 4tih instant in Her Majesty's ship "Frolic." The attack on the Dutch factory arose from the following reasons : — ^me eight months ago the chief agent of the Dutch Company sent from Banana about eleven Kroobojs as labourers for the factory here, as the natives could not be relied upon when required, and demanded exorbitant prices. The Kmg objected to the employment of these men, on the ground that it took, away work from his people, but required that, in any case, the agent should be responsible for their conduct, and- not _ allow them to visit his town or interfere with the people; the agent refused to comp^ with this very reasonable demand, and the King prohibited the selling of produce to the Dutch. The Dutch factory, therefore, remained closed to all commercial operations. In consequence of various reports which reached the Dutch agent that the King would by force compel the withdrawal of the JKrooboys, for the safety, therefore, of the factory and its occupants, the force was increased to forty. This display of resistance pro- voked the King's wrath ;greatly, which culminated in the attack and consequences above related. Captain Brito de Capello, of the Portuguese corvette, called a meeting of the traders on the 29th December to decide what course should be pursued. Messrs. Hatton and Cookson were represented by a Portuguese, and the other Enghsh factory by Mr. WyUe. At that meeting it was resolved to call upon the Chiefs of several villages, the inhabitants of which were entirely neutral, and had no connection with the force sent by the 'King from his town, to produce the King of Muculla, with four of his principal Councillors, within eight days, failing to do so to be considered as enemies of the white trader^, and their villages and manioc fields to be destroyed by a force from the Portuguese corvette. By the same resolution, translation of which is herewith inclosed, the traders agreed to bear all the losses and consequences resulting from the punishment ^ these neutral natives, to shut up their factories, or even carry them away if necessary. The agent of Messrs. Hatton and Cookson informed me that he gave his consent subject to the decision of the principal agent, Mr. J. PhiUips ; while Mr. "Wylie, not being well acquainted with the French or Portuguese languages, did not fully comprehend what were the conditions proposed by the Portuguese Commander. I explained to the t)utch traders that, while I considered the King and people of his town should be held responsible for tbie - losses caused by their unwarrantable attack on a trading factory, and fully deserved the severest punishment that could be inflicted, it appeared, on the other hand, equally unjust, for the satisfaction of one firm, that the natives who were in no way implicated in the question should be driven into such a position, more particularly that if their villages were not wantonly destroyed they would not becoine enemies of the white traders, who would not be compelled to abandon their commercial operations or incur the enormous expense of taking away their buildings- As, however, the English traders had signed the Resolution, and the matter being entirely in the hand's of a Portuguese authority, I would not decide what steps I should take until I learned the course intended to be pursued by. Captain Capello on the expira- tion of the time granted to the "neutral natives" to produce the King and the four Councillors. On the morning of the day on which the ultimatum expired the chief agent of Messrs. Hatton and Cookson arrived from Cabenda. As soon as he became acquainted with the details of the question, he expressed his unwillingness to abide by tho Eesolu-' tion adopted on the 29th December; and at the meeting held on the afternoon of the 5th instant Mr. Phillips expressed his opposition to the punishment of the neutral people, as such a measure would be prejudicial to his commercial interests, in which Mr. Wyli^ concurred. The 'Commander, finding no unanimity among the traders, broke up th6 meeting, and informed them tliat he would address a Circular to each agent, and on their replies would "depend the steps he would take. I then acquainted Messrs, Phillips and Wylie that "I would be prepared^ should they in their replies inform the Commander :that inflicting a punishment on the natives, other than those who committed the attack on the Dutch factory, would be prejudicial to British trade, to support their views, and to protest against any losses or damages arising from such proceedings." On the 6th the traders received the Circular, translation Of which I have the honour to inclose herewith. To this communication Mr. Phillips replied, and in the same sense Mr. Wylie, as fbllows : — " I do not consider it necessary for the safety of our lives and property to punish all the natives of Muculla ; the neutral villages being asked by the King to join in attacking the Dutch factory refused to do so, and to destroy their villages would be an act entirely at variance with the native .idea of justice, and would only tend to complieate matters amongst the natives themselves, and between the natives and the Europeans, and in this way do further injury to the commercial interests of Muculla, and increase the difficulty of making arrangements for the future security of the place. I consider it was ill-advised to demand the neutral villages to give up the King and four of his principal men onthe mere strength of considering them enemies if they failed to do so ; punishment, if administered, could only mean the destroying of their empty huts and their manioc fields, matters of small consequence as compared with the betrayal of their King and four Chiefs. ' " 2. If all the traders deem it advisable to join the expedition against the guilty villages, I shall also do so, if I get the sanction of Her Britannic Majesty's Consul A. Cohen, Esq., who is at present here. - ' " 3. I am resolved not to remove our factory from here, but T am most willing to do my utmost, in conjunction with the other representatives of the factories, to prevent the expulsion of any factory, either by stopping trade or by any other reasonable means in jny power which may be decided upon at a general meeting of the traders. " 4. I shall claiipi indemnity for any losses we may sustain should the neutral villages be attacked by you, but I shall make no claim for losses if the guilty villages only are punislied," I am inclined to think that the Portuguese Commander will be reluctant to forego his first intention of punishing indiscriminately the natives, and will in all probability not take any active measures, as he has not only threatened a general war, but will naturally conclude that the change in the opinion of the traders arose from my intention to oppose the adoption of a measure which would result in the compulsory withdrawal of the English houses from this point, and consider me responsible for any further distur- bances which might occur. Although there are but two English firms trading at this port, the French and Dutch 9 houses, particularly the former, are trading direct with England, and, British interests hein^ greatly involved, it is of paramount importance that the perpetrators of the attack on the Dutch house should he severely punished, in order to avert a similar onset on Ijlnglish houses. If, therefore, the Portuguese Commander, with whom I have as yet had no communication, take no active measures or confer with me on the subject, I shall, on the return of Her Majesty's ship "Frolic," suggest to Commander Moore, who left last evening for Loanda to meet the Senior Officer of Her Majesty's naval forces, the expediency that in my opinion exists to send a force to the King's town, and, if he does not surrender himself and submit to be dethroned, proceed to destroy his village, as well as those of his Councillors, as a punishment, -seize such of his property and objects of value as may be found, and appoint a substitute, who would undertake to protect the lives and property of traders, chosen by the people. Unless such a course be taken, not only the traders at this port mil be compelled to abandon their factories, but at other places along the coast the natives will be encouraged, seeing their countrymen have not been punished for so serious a crime, to deal in a most 'arbitrary and dictatorial manner with traders, to the detriment of British trade and commerce. I have, &c. (Signed) A. COHE,^. Inclosure 1 in !No. 2. Mimitea of Meeting held on December 29, 1883. (Translation.) O'S the 29th day of the month of December, 1883, there assembled in the trading- house of A. Conquy, Aln^, at Muculla, the Commander of the Portuguese corvette " Rainha de Portugal," and the chiefs or agents of the commercial houses : For the Hollandsche Africanischc Handels Vernooteschap, M. K. Anema ; for the English house, Hatton and Cookson, M. Pedro Pereira do Oarmo ; for the French house, A. Conquy, M. Martinenq ; and for the English, Mr. Wylie. The said Commander stated that he again requested the gentlemen present to state definitely their opinion as to the manner in which the serious question existing between the Dutch house and the people of the King of. Muculla, giving the first consideration to the position of the trading-houses on this point of the coast, with the exception of the Dutch house (on this occasion), none possessing the ordinary force to oppose the demands and insults of the blacks, and remain exposed to the reprisals of the people when the force whiclj to-day can be met with shall have retired. That they can and may reckon on the Portuguese corvette for the protection of life and property in the same manner as in any action more energetic for the punishment of the natives. That, considering well the conse- quences of an immediate war with the natives, and that the severe punishment which could be inflicted might result in the immediate withdrawal of the commercial houses, and that an attack might take place on the withdrawal of the forced ; and also reflecting that in cnse of any inopportune measure which would have the same result sooner or later, as the natives will consider as weakness, they will continue the disturbances all have known and felt for some time past. Having heard the discussion and opinions of all, it was unanimously decided as follows : — First, to require of the Chiefs of the people neutral in the question of the war which occurred between the King and the Dutch house to deliver up the King Concano, after ' they shall have deposed him and nominated another for that high post, within eight days ; that later to be required to bring the Councillors (four) more intimately connected with the question, and the towns of these to be razed to the ground ; and that if they do not comply with these conditions those people will be considered as enemies, and on these, as well as on those who committed the crime of attacking the Dutch house, war shall be made, giving them an exemplary punishment. That all the undersigned merchants, Chiefs, and agents are prepared to suffer the consequences of this Eesolution, including the shutting up of the trading-houses they ■manage. . , • • j i ^L■ This Resolution is nothing more than confirmmg the opinions and explanations o-iven at other meetings held both previous and siibsequent to the palaver or "funda^ao" fconference) with the Chiefs of the people said to be neutral in the question. N ^ (Signed) GUILHBEMO AUGTJSTO BRITO CAPELLO, Commander of the Corvette " Rttinha de Portugal." Muculla, December 29, 1883. 10 This Aet was read and explained to all> and being well understood, is accepted and signed by the Undersigned. i (Signed) GUILHERMO AUGUSTO BRITO CAPELLO. MARTIIfENQ, 8ub-Agewt of A. Conquy, Aine. E, ANEMA, representing A. Blocme, Chief Agent, Dutch Company. A. SARTHON, Chief Agent, Danmas, Bermd, and Co. P. E. DE CARMO, Suh*Agent, Haiton and Cookson. W. W. WYLIE. Inclosure 2 in No. 2. Circular to Traders at Muculla. (Translation.) On board the Corvette " Rainha de Portugal" af Muculla, Siry January 6, 1884. IN" cons.equence of information received at Loanda, together with a representation from M. Pradihet, chief agent of the French house A. Conquy, Ain4, respecting the catastrophe which occurred at Muculla on the 17th December last, I received instructions from the Governor-General of the province to proceed here to protect the lives and property of merchants established here, whether national or foreigners. You are aware of the facts of the meeting convened by me, and of the Resolution adopted, which showed the necessity there is to punish the natives, intimating to the Chiefs of several villages, who remained neutral during the attack, to give up the King of Muculla (Concano), and four of the most influential Councillors, in order that they maiV be sent to Loanda after the former shall have been substituted, in accordance with the usage of the country. Convinced that there was the most perfect harmony between all the agents of the commercial houses, not even excepting M. Sarthon and M. Marti- nenq, the first agent-irt-chief of the house Danmas, Beraud, and Co., and the second of the house A. Conquy, Ain6, and that they concurred that a punishment should be inflicted on the natives, even those who are considered neutrals, should they not deliver up the culprits according to the desire expressed in the Act of the 29th December last, and signed by all. Yesterday, as you know, the answer was received from the intimated people, declaring that they had not succeeded in getting into their hands the ex-King (Concano) and other culprits, and that they are unable to satisfy our demands, but that, notwith- standing, they continued to be friends of the natives. M. Fereira do Carmo having been substituted by Mr. John Pliiilips, agerit-in-chief of the English house Hatton and Cookson, I requested the opinion of all the agents met in the house of A. Conquy, Aln^ as to the means of procedure under the present circumstances. During the discussion Mr. Phillips declared that he would not confirm the Resolution agreed to by his agent Pereira do Carmo, as stated in the Act of the 29th, judging it to be not altogether fair that punishment should be dealt on the neutral natives, as it may be possible to come to some understanding with the natives. Mr. Wylie was equally of this opinion, notwithstanding that he signed the above-mentioned Act of the 29th. From the moment that there ceased to be harmony in the opinion of all on this point ; th^t ideas of reconciliation between whites and blacks are entertained ; that there is no desire to withdraw the commercial houses ; that it is intended to reconstruct the house of Daumas, Beraud, and Co., and the intention to continue trade on this point • when it is not agreed to make a show of commencing to remove the mercbandizo in order that the natives may fully understand that the trade will really be withdrawn, which would certainly have great moral weight in the solution of the question and perhaps lead to the delivering up of the culprits ; and finally, seeing that it i& not agreed between all the houses that the punishment should be inflicted, the responsibility of which act all participate, so that the odium may not fall only on one or two or on the Portuguese force, and so enable the others to continue trade to the expuls'jon of the attacked, I consider it my duty to give impartial protection to all, and not only to those more or less injured, and who treat the question as a personal one, I therefore request you to answer with the utmost frankness and clearness the following questions : 1. Is it necessary for the safety of your house th?it all the towns of Muculla n mcluding those called neutral, should be punistied according to the Resolutipn agreed to on the 29th ultimo, in case they should not hand over the culprits, as arranged on that date ? 2. Are you prepared to take part in the attack and send some force, in order to show that you participate in the responsibility of the act ? 3. Are you resoked to withdraw your commercial house from this place if it be deemed necessary by all, or to unite with the others not to consent to any house being expelled by force, or to stop trade when the natives will not continue to trade with any other house for reasons which may be deemed unjust at a gene;cal meeting of the agents ? ' > 4. Do you declare not to claim any indemnity for any losses or damages caused by the war made against the natives ? From your reply, together with those of the other commercial houses, will depend the course I shall take in regard to this question, and I request you to let me have your reply Avithin forty-eight hours at the latest. God guard, &e. , t The Commander, (Signed) GUILHERMO AUGUSTO BRITO CAPELLO. — — ^ —^ ^ No. 3, Consul Cohen to Earl Granville. — {Received February 20.) (Extract.) _ Muculla,, January 10, 1884. • IN continuation of my despatch of the 8th instant, I have the honour to transinit herewith a translation of the reply of the Commander of the Portuguese corvette '•' Rainha de Portugal " to the communication of the traders, by which your Lordship will perceive that Qaptain Capello has given way to the opinion that the natives who remained neutral or in no way connected with the attack on the Dutch factory shall not be punished, and that to-morrow a naval force will be landed to march on the King's town and destroy it sliould he not surrender himself. Captain Capello yesterday called on me, and in conversation said he would have taken no s^ps whatever had there not been unanimity among the traders as to the line of acticm to be pursued. I then told him that had he abandoned the question which he had so efficiently and zealously undertaken to settle, I should have felt^ it my duty to inflict a punishment on the actual perpetratdlrs of the attack as a warning against interference with English houses. Inclosure in No. 3. Captain Capello to Traders at Muculla. (Translation.) On board the Corvette " Rainha de Portugal" at Maculla, Sir, January^ 9, 1884. lis accordance with tjie opinion of all the agents, of the commiercial houses established here, with which you show entire concurrence by your letter dated the 8th instant, I have now to inform you that it is my intention to land a naval force, together with the men the Dutch house can furnish, to punish on the morning of the nth the people of Muculla compromised in the attack of the 17th ultimo, without attacking the villages of the people which remained neutral during that conflict, villages which should be indicated by guides we can obtain. The men you are able to furnish may join the expedition or remain to protect your, house. I also request you to use your influence to procure the assembling of the principal men- and Chiefs of' the neutral people at one of the houses on Saturday or Sunday, in, order to establish conditions for future security. God guai-d, &c. The Commander, (Signed) GUILHERMO AUGUSTO BRITO CAPELLO. [286 1 C 2 12 No. 4. Consul Cohen to Earl Granville. — (Received February 20.) My Lord, Muculld, January 11, 1884. ADVERTING to my despatch of yesterday's date, I have the honour to report to your Lordship that an armed force, composed of fifty men and two officers, landed last evening from the Portuguese coiTette "Eainha de Portugal," and with aliout ninety armed Krooboys from the Dutch fixctory, guided by two Chiefs of the neutral people, proceeded early this morning to the town of Muculla, which, with four villages pointed out as belonging to the natives the King sent to attack tlie Dutch factory, was completely burned to the ground, destroying the various fields of manioc and Indian com adjacent to those villages oron the line of march. Not one native, however, was seen, and as not a shot was fired there was no casualty on either side. The expedition returned to the beach by noon, and the naval force at once re-embarked. The next feature in this question is the request of Captain Capello to the traders to use their influence to get together the Chiefs and people not connected with the attack, for the purpose of electing a new King in accordance with- their customs, and with whom conditions will be established for the future security and protection of traders and their property. As Captain, Capello made no attempt to call in my co-operation on behalf of the British firms, 1 told the agents that if the conditions proposed by Captain Capello gave the Portuguese any exclusive right to exercise authority over the natives, or bound them to appeal to the Government of Angola for protection and assistance, they were to abstain from signing any document put forward to that effect, and report the matter to me, in which case I should return to MucuUa and enter into an independent agreement with the newly-elected King for the protection of British trade and property. With this understanding I leave this evening for Loanda in Her Majesty's ship " Frolic," there being no fear that the ex-King of Muculla or his people would make any further attempt to attack the traders at this point. I have, &c. (Signed) A. COHEN. No. 5. Consul Cohen to Earl Granville. — {Received February. 20.) My Lord, Loanda, January 15, 1884. THE recent incident which occurred at Muculla gives rise to considering the position of British traders in general on the coast not under Portuguese jurisdiction, and the extent of the protection British authorities, Consular and naval, can afford them. Commanders of Her Majesty's ships would refuse to adopt similar proceedings to those pursued by the Portuguese Commander on the ground that the natives did not directly attack a. British factory, and even so would be reluctant to land an armed force. In the present case British interests were indirectly concerned, not only by reason of the trade carried on by foreign houses with England, but the natives might have been encouraged to commit further aggressions, plunder the factories of English traders as well, and probably causing the loss of lives of Europeans and of our countrymen, if the Portuguese — although having no countrymen independently carrying on business at Muculla — had not intervened, or no active demonstration made by any authority. It therefore becomes a pressing and urgent question whether, in the lawless and uncivilized condition of the natives, a more decided policy should not be pursued by Her Majesty's Government for the general protection of trade and commerce on the coast and in the Congo, in order that Portugal, whose jurisdiction is not admitted, may not advance her pretendod rights on the ground of being repeatedly appealed to for assistance (on behalf of interests which are decidedly more British than Portuguese), to which British subjects find it necessary to subinit, as they must work hand in hand with their fellow traders, whether foreigners or national. I have, &c. (Signed) A. COHEN. 13 No. 6. The Secretary to the Admirally to Mr,. lAster. — {Received February 27.) Sir, Admiralty, February 23, 1884. I AM commanded b}' my Lords Commissioners of the Admiralty to forward herewith, for the perusal of Earl Granville, an extract of a letter from Commander A. W. Moore, of Her Majesty's ship " Frolic," dated 12th January, at St. Paul de Loanda, reioorting a disturbance which has taken place at Muculla, situated in latitude 7° south on the West Coast of Africa, occasioned by a quarrel existing between the native King of Muculla and a Dutch trading house with regard to the employment of Kroomen. ^ 2. It will be seen that, on the application of the French Consul, the Portuguese corvette " Eainha de Portugal " proceeded to the scene of the disturbance ; that Her Majesty's ship " Frolic " subsequently arrived ; and that an expedition of traders, with a party from the Portuguese corvette, proceeded to inflict punishment on the natives who had attacked the trading establishments. 3. My Lords propose, with the concurrence of the Secretary of State, to approve of Commander Moore's proceedings. 1 am, &c. (Signed) G. TRTON. Inclosure in No. 6. Commander Moore to the Secretary to the Admiralty. (Extract.) " Frolic," at St. Paul de Loanda, January 12, 1884. I HAVE the honour to report the following incident which has taken place at the trading station of Muculla, situated in latitude 7° south ; the houses established there consisting of two English firms, two French, and one Dutch (as per margin*), no Portuguese interests whatever being involved in the matter. 2. In consequence of an old quarrel between the native King of Muculla and the Dutch house with regard to the employment of Kroomen, that factory had been shut, and no trade had been carried out by them for seven months. Several Kroomen armed with Snider rifles were kept on the premises, and the agent erected a mud fort, which was armed with four small cannon, evidently with a view to a possible attack. The remaining houses carried on their trade, and were at no time molested by the natives. 3. On the 17th December the natives of Muculla came down in force from their town some 3 miles inland, and surrounded the Dutch factory in a threatening manner, being armed with guns and weapons of sorts. The agent promptly opened fire, which was returned, when an end was put to the fighting by the explosion of a powder magazine belonging to one of the Fi'ench houses, which contained eight to ten tons of trade powder, and unfortunately stood in the line of fire. The natives retired with a loss of about fortrj', chiefly from the explosion, which also did considerabe damage to the adjacent buildings. The Dutch had one Krooman slightly injured. 4. The agent of the French house dispatched a messenger to St. Paul de Loanda, requesting immediate a,ssistance from the French Consul, who applied to the Governor, and oa his application the Portuguese corvette was dispatched with orders to call a meeting of the traders, inflict punishment on the natives if necessary, and remain at Muculla until the traders embarked themselves and their goods, unless they chose to remain at their own risk. 5. The corvette "Eainha de Portugal," Captain Capello, arrived on the 22nd December. The Captain landed, and drew up a document to the effect that the natives required punishment, that the surrounding people should be summoned and required to produce the King and four Headmen of the Muculla tribe by a certain day, that if they failed to do so they would also be considered as enemies, that the traders would accept all the risks attached to the punishment which he (the Captain) was prepared to carry out by burning their villages, &c. In conclusion. Captain Capello stated he would remain until their goods were embarked. 6. This document, virtually putting the whole matter in the hands of the Portuguese Commander, was signed by all the traders, but it is very doubtful whether they all understood its full meaning. Mr. "VVylie did not speak French or Portuguese, but there * Messrs. Hatton and Cookson and Messrs. Wylie and Thompson, English ; Messrs. Daumas, Beraud, and Co. and Messrs. Conquy, Atn6, and Co., Frencli ; the Dutch house. Feems to have been a general wish to stand by the Dutch house. The agent of Messrs. Hatton and Cookson signed a,lsQ, but subject to the approval of the chief agent of that firm daily expected. 7. I was at this time engaged taliing Mr. Cohen, Her Majesty's Consul, to the Gabcjon and other ports., but hearing pf the disturbance on our return we were able to reaph Muculla on the morning of Ihe 4th instant, twenty-four hours before the time ij.KPd for the production of the King of Muculla and his four Chiefs. In company with Her Majesty's Consul I called on the Portuguese Commander on board hie ship, and the various traders On shore, and after discussing the matter on our return we both were of opinion that the n3,tives of Muculla deserved punishment, but not those of the sur- rounding villages, who took no part in the iattack on the Dutch house; tliis opinion was conveyed to the English traders, who generally concurred. 8. On the 5th the Portuguese Commander held a second meeting to discuss the details of the punishment with the traders, but.did not in any way invite the co-operation of Her Majesty's Consul or myself — very much the reverse. At this meeting the chief agent of Messrs. Hatton and Cookson was present, and protested against the indiscri- minate burning of villages ; he was followed by Mr. Wylie, and the meeting broke up on the Portuguese Captain informing the traders he would send them each another doc^Inent. 9. This document was delivered to each trader on the evening of the 7th instant, and an answer was requested in forty-eight hours. It began by expressing the regret of the Portuguese Commander that acQOr^ no longer existed, and wishing to restore the same, requested a frank answer to the following questions : — (a.) Is it for the security of your house that the natives of Muculla should be punished, including those called neutral ? (6.) Will you bind yourself to send some of your force to assist in inflicting the punishment, thereby showing that you take responsibility in the matter ? (c.) Do you resolve to remove your house after the punishment, and will you make any cla-iais for losses or damages whifeh you may incur in consequcncp of the act ? 10. The traders' several answers, practically alike, were to the following, effect :- — (a.) It was desirable that the natives of Muculla should be punished, but not the neutra,ls. (b.) They would assist in inflicting such punishment on the Muculla people only. (c.) They would not remove their houses, nor would they make any claim for losses, &c., if the Muculla people only were attacked. 11. On receiving these answers the Portuguese Commander called a third meeting- to discuss the details of the expedition, at which meeting it was agreed that after the villages of the Muculla people had been burnt the natives should be called upon to elect a new King ;- that the traders should be, called upon to make fresh Treaties, the Portuguese Commander being witness to the same. 12. Receiving news on the 8th instaiit that Her Majesty's ship "Opal" had passed ^o tha southward, I considered it advisable to communicate with Captain Brooke, the Senior Officer. Her Majesty's Consul therefore landed and took up his residence with Messrs. Hatton and Cookson's agent, and I .left the same evening. 13.^ Sooi^ after my return at daylight on the 11 th instant the expedition started, consisting of — 5,0 men and a field-gun from the corvette. 14 traders (agents and employes). 150 Kroomen, mostly from the Dutch house. They were in, charge of an officer from the Portuguese corvette, and returned about noon, having marched about 8 miles inland, and succeeding in carrying out their inten- tions without opposition, not a single native being seen. Five villages were burnt and all their crops destroyed, but the neutral villages (also deserted) werenot touched. 14. As it would take some little time for the natives to elect a new King, and for the new Treaties to be drawn up. Her Majesty's Consul re-embarked, and having ascer- tained from the English traders that their lives and property were, in their opinion, perfectly safe, I left the same evening for Loanda. 15. There can be no doubt but that the punishment was thoroughly deserved by the offending tribe, a,nd will do as much good along the coast as harm undoubtedly would have been done had no notice been taken of their attack. X5 No. 7. Mr. Petre to Earl Granville. — {Received February 29.) My Lord, ' Lisbon, Felruary 25, 1884. ON the receipt yesterday of your Lordship's telegram of the 23rd instant,* ihforttiing me of the delay in the signature of the Congo Treaty, and insti:ucting me to ask the Portuguese Goverament for an assurance, conveyed in an ofBcia! note to me, that the station possessed by the Belgian Association on the north bank of the Congo, and nearly opposite the village of Nokki, should be outside Portuguese territory, 1 called on Senhor du Bocage, the Minister for Foreign Affairs, at his private residence, and communicated to him the substance of the telegram, expressing at the same time your Lordship's regret at the delay which had bnexpfectedly arisen. I also expressed a confident hope that his Excellency would have no difficulty in giving me the assurance asked for by your Lordship, and thus remove the last and only obstacle to the imtriediate signature of the Treaty. ' Senhcr du Bocage had already been informed by the Portuguese Minister in London of the delay in the signature of the Treaty, and of the cause of thiS delay. His Excellency was therefore evidently prepared for my communication. He spoke in a tone of some disappointment at this unlooked-for obstacle to the conclusion 6t the Treaty having arisen at the last moment, but he told me at oiice, and without cir- cumlocution, that to give a fresh proof of his anxiety to satisfy the wishes of Her IVlajeSty's Government, he would give me the assurance asked for by your Lordship. Hie Excellency said that theie were various reasons which he might have urged against it, and that, ifct his opinion, it Would have answered the same purpose, and at the same time have been more palatable to the Portuguese Government, if the station belonging to the Belgian Assbcia- tion had heen converted into a dep6t, instead of being excluded from Portuguese jurisdiction. Having conceded the point, however, in deference to the wishes of Her Majesty's Government, it was unnecessary for him to say anything more on the subject. He said that it should be clearly understood that Nokki on the south or left bank was included in Portuguese territory. I said that I apprehended there Was no doubt abatlt that. It was then agreed upon between Senhor du Bocage and myself that I should at once address a note to him conveying your Lordship's request, and that he should W'rite a note in reply containing the assurance which he had given me verbally. I Sent my note to his Excellency the same evening, and this morning early I received his reply, the substance of which I telegraphed to your Lordship. I have the honour to inclose a copy of my note to Senhor du Bocage, together with a translation of his Excellency's note in reply. I thiiik your Lordship will be of opinion that it conveys clearly and unreservedly the assurance which yoii iristrfacted me to ask for. In the course of our conversation yesterday, Senhor du Bocage shoWed me the latest Map of the Congo, published by the Belgian Association, in which the village or station on the north bank, Opposite Nokki on the south bank, is not designated as Nokki, but a« Ikungula, and in his note, as your Lordship will perceive, his Excellency suggests that to avoid confusion the Iklgian station should not be called Nokki, but by some other name. I have, &c. (Signed) GEORGE G. PETRE. Inclosure 1 in No. 7. Mr. Petre to Senhor du Bocage. M. le Ministre, Lisbon, February 24, 1884. THE signature of the Congo Treaty has been unexpectedly delayed in consequence of Her Majesty's Government having learnt that the Belgian Association possess a station and a landing-place on the north or right bank of the River Congo, nearly opposite to the village of Nokki on the south bank, and bearing a similar name. Article I of the Treaty stipulates that Nokki on the south bank shall form the Portuguese frontier on the Congo, but Her Majesty's Government wish to secure that the Belgian station referred to above on tfie opposite, or southern bank, shall be outside the Portuguese frontier. If your Excellency will convey to me an assurance to this effect in a note, all difficulty will be removed, and the Treaty can be signed at once. * See " AfHcp, Ko- 2 (1884)," No. 24. 16 The exact line of frontier can be setrfed subsequently by the Anglo-Portuguese Com-' mission, which is provided for in the Treaty. , - Lord Granville desires me to express to your Excellency his regrfet at the necessity for delay which has arisen, in order to clear up the point which I have had the honour of bringing under your Excellency's notice. T avail, &c. (Signed) GEORGE G. PETRE. Inclosure 2 in No. 7. Senhor du Bocage to Mr. Petre. (Translation.) Your. Excellency, Foreign Deparfment, Lisbon, February 24, 1884. IN acknowledging the receipt of the note, dated this day, which your Excellency has just addressed to me, I hasten to reply thereto, in order not to delay the signature of .the Treaty relative to the sovereignty of Portugal over the Congo, the conclusion of which, at present unexpectedly suspended, is a matter which equally interests both Portugal and Great Britain. It seems to me that this is not a fitting opportunity to discuss the validity of the grounds that may be alleged on the part of the British Government, in order to limit still further the dominion of Portugal over the territories on the Congo to the advantage of a private Association. I therefore merely confine myself to declaring to your Excellency that the Govern- ment of His Most Faithful Majesty, with a view to showing as clearly as possible how anxious they are not to create any difficulties to Her Britannic Majesty's Government, accede to the request made to me by your Excellency in Lord Granville's name, and they consent to consider the Belgian station, to wliich your Excellency refers, situated on the right bank of the Congo, nearly opposite to Nolv! Mr. John Philips had already requested the intervention of the Commander of the gun-boat "Ave" to regulate this question, and who established negotiations of a character eminently conciliatory to arrive at the regulation of a modus vivendi between the natives and Europeans, negotiations which will be continued and carried to a good end, I believe, by the Commander of the corvette " Kainha de Portugal," which will leave for Cabenda for that purpose. It is with the greatest pleasure that the Portuguese Government again once more renders its aid to a foreign bouse in the north, causing the rights of free and independent commerce to be respected by means of a compromise with the natives, on whom remains the responsibility of its violation, if such should occur, and I communicate this to you for such ends as may be necessary. , I ,, God guard, &c. ^'* (Signed) V FRANCISCO JOAQUIM FERJJIRA DO AMARAL, Governor-General. [285] E 26 Inclosure 2 in E'o. 18. Consul Cohen to 8tnhor do Amaral. Sir, Loanda, February A, 1S84:. I HAVE the honour to acknowledge the receipt of your Excellency's despatch of this day's date, 48as[^ainting me, for such ends as may be necessary, of the steps your Excellency purposes taking relative to a recent disturbance which occurred at Cabenda, the details of which were laid before your Excellency by Mr. John Philips, soliciting at the same time, as I am informed, the punishment of, Chico Rodrigues Franque, a Portuguese subject holding the rank of Honorary Captain in the Portuguese army, at whose instigation the armed force attacked the servants of Mr. Philips, resulting in a Krooman in his employ having been killed by a shot from the armed men. ...^,^:;::^^i I , have to state to your Excellency that I shall not fail to communicate your Excellency's despatch to Her Britannic Majesty's Government, with the intimation that ;the Portuguese Government, through your Excellency's direction and well-known impartiality, have repeatedly manifested, and successfully carried out, every desire and effort to render assistance and protection to the subjects of all nations trading in the northern ports ; and more particularly in this case I am conyinced, beforehand,, that the said Portug\xese subject and his people will be severely punished as an example to others, as was recently done at MucuUa and elsewhere, for the unwarrantable and unpro- voked onset made on the people employed at a British factory. I have, &c. (Signed) A. COHEN, No. 19. Consul Cohewto Earl Granville. — {Received March 20.) (Extract.) Loanda, February 9, 1884. A FEW days ago the Govern or- General made the remark to me that he has been considering whether the obtaining of labourers by European traders and others in the Congo and on the coast, from the Kroo Coast, may not be conducted in an illicit manner, inasmuch as they are not engaged under any form of contract duly authenticated by some recognized authority, and whether their being conveyed by sailing craft or by steamers, without passports or properly certified documents, may not warrant inspec- tion by cruizers> and whether such an understanding or " coinbination '* may not be agreed upon between Her Majesty's naval fqrces and the Portuguese naval authorities on this station. In reply, I told the Governor-General that those Kroomen are never brought to the coast or to the Congo, except by the British and German lines of steamers, and that even were they brought in small sailing craft, whether Dutch, English, or Portuguese, the Commanders of, Her, Majesty's ships would in noway attempt to overhaul them, and I hardly expected the Portuguese naval officers would attempt anything of the kind. As the steamers pass Cape Palmas, numbers of these men, who are all previously engaged by native recruiters, or have personally volunteered to jeturn, after their visit to their friends and families, are taken on board to be conveyed to their destination, whether on the coast, or in the Congo, or here, and the passage money o^ 3i per head paid by their employers. They never engage themselves for a longer period than one year, and great care is taken that, by the first opportunity after the expiration of that term, they are repatriated at their employers' expense ; or vv^hoever fails to do so would never be able to obtain any more, and for this reason employers, be whosoever they may, are very careful and particular in adhering to the terms of their agreement. These people are free to seek their livelihood wherever they please, just in the same manner as the natives of this town are, or the people of Cabenda, who flock here and elsewhere without any thought of considering them illicitly obtained. If this idea is in any way further commented upon, it should unhesitatingly be refuted as totally contrary to the facts of the case, for besides heing properly boarded and housed, most, if not all, invariably return to their country ' with a considerable quantity of goods paid to them as balance of their wages, which they never require to be paid in cash, as there is no currency in coin in their country. ' 27 JJ^ow 30, Consul Cohen to Earl Granville. — (Received March 20.) ''•) Loanda, February 12, 1884. , WITH reference to a report that ttie Bel^an Association had conditioaallf obtained the suzerainty of the Mayumba district, I have the honour to acquaint your Lordship that the agent of that Association on the coast, Captain Grant-Elliott, whose head-qiuarters are at Loango/ has recently obtained the transfer and suzerainty of the coast-land from the Kiloo River to Sette Cama inclusive, and that the flag of the Associatidn flies in a continuous line along the coast for over 300 miles. No. 21. Consy,l Cohen to Earl Granville. — (Received March 20.) My Lord, Loanda, February 12, 1884!. WITH reference to the last pait of my despatch of the 11th January last, I have the honour to transmit herewith to your Lordship a translation of the conditions established by the commander of the Portuguese corvette " Rainha de Portugal" with the newly-elected King of MucuUa, regulating the position of European traders at that place. t The conditions appear to be in eyery way consistent with the requirements of the fiaerfehants, and the recent display of forCe by Captain Britto deCapello will have mot only a salutary effect, but will insure the traders from any further attack by the ijatives. • I have, &c. (Signed) A. COHEN. Inclosure in No. 21. Conditions established by Commander of Portuguese Man-of-wur with King regulating position of European Traders at MucuUa. (Translation.) THE King, elected by the people of MucuUa who remained neutral during the aafetack on the Dutch house, the Chiefs and Notables of those settlements, bind them- selves to the observance and execution of the following conditions : — 1. Respect the white people established at MucuUa, their servants and thdr property. 2. Never prevent the traders having in their service or employ whatever negroes they please, whether Krooboys or Crumanos, or from any settlement on the coast. 3. Warn the white people of any treachery from other settlement's, and defend them. agaiuaBt attacks of enemies. ^ 4. As soon as they can lay hands upon the ex-King Cancano and the Notables Patilo Mador, Paulo Siango, Lungo Tengo, brother of Paulo, and Leccp Mambuco, have them tied and delivered to the white men to be sent to Loanda by the first ship of war. 5. It is agreed that any white man or their servants may seize the said ex-King or iiie above-mentioned Notables, and hold them as prisoners until the arrival of a Portu.- guese ship of war. 6. The custom of the 12 o'clock flag for trading to be continued, and after sunset they are prohibited from approaching the houses of the white people with arms or weapons, or at conferences ("fund^^oes "). 7. The aistoms that were paid to the formjcr King will now be paid to the new King elect, who will receive them ifrom all the houses on the 1st day of February. The (" mucandas ") letters or titles delivered to the ex-King Cancano are null and void. &. In case of any misunderstanding with the white people, they shaU not close the mads when procuring wood, water, or grass for cattle, nor intercept nor hinder, bearers •of letters or correspondence. 9. All investigation or settlement of disputes must be held at the Point, and the wfeite people ehaU never be required to go to the King's village or town. I'O. All disputes or troubles with servants not belonging to that district must be [285] E 2 28 settled with the white people, to whom,they must be given up when taken trespassing, but cannot be taken to the village or town ; the trouble or case must be settled after- wards, like any other case. This Act was done at the meeting held at the house of M. A. Conquy, Aine, at Muculla, by the commander of the corvette " Rainha de Portugal," at which the ageute of the commercial houses established here were pfesent, and signed with me on. the 13th day of January, 1884. (Signed) PEDRO BERQUO, Secretary. GUILHERME AUGUSTO DE BRITTO CAPELLO, Com- mander of the corvette "Rainha de Portugal." For Hatton and Cookson . . . . JOHS" PHILLIPS. E. ANEMA. F. FRUGIER. C. CHEVALIER. W. D. WYLIE. For A. de Bloeme (Dutch house) For A. Conquy, Aine For Daumas, Beraud and Co. For McLesh, Wylie and Co. D. GRACIA CARAQUANDACO, the King Elect, his x mark. CAN GO MASSENGO, Mambuco, ditto. LUMBA DA BOLO, Mangove, ditto. D. MAIfOEL CAIifGA, Manfuca de Ponta, ditto MIGUEL BAMBO, Capita, ditto. MATOCO PEDRO RUFINO, Engala, ditto. D. SEPASTIAO PACHE, Manhundo, ditto. MADOR DE QUIBALLA, Linguister, ditto. No. 22. Lord E. Fitzmaurice to Mr. Hutton. Sir, Foreign Office, March 21, 1884. I AM directed by Earl Granville to acknowledge the receipt of the statement which you forwarded on the 6th instant from the Manchester Chamber of Commerce, on the subject of the Treaty of the 26th February, 1884, in regard to the district of the Congo and other questions in Africa, and I am to request that you will communicate to the Chamber the following observations. His Lordship feels that you are fully aware of the great weight which he attaches to the views of so important a body as the Manchester Chamber of Commerce. He thinks, however, that upon further consideration, the Chamber may see reason to modify the views expressed in the above commimication. A large portion of it is historical, and consists in a vindication of the policy of Her Majesty's Government in having hitherto refused to recognize the claim of Portugal to the sovereignty of the territory specified in Article I of the Treaty, and in a demand that that policy should be still adhered to. It fails, however, to notice that a policy which was formerly justifiable for the prevention of the Slave Trade may have ceased to be so under the altered circumstances of a time when the Slave Trade on the West Coast has ceased to exist, when the commerce and territory of Western Africa is being eagerly contended for by rival claimants, and when disputes, which, in the absence of Treaty engagements, may lead to local bloodshed, and idtimately to even more serious consequences, are likely, at any moment, to arise. I would call your attention to the fact that only within the last feir weeks serious disputes between the natives and traders have arisen at S^okki and at MocuUa, and that at the latter place forty natives were killed by the fire of the Dutch traders fro Qi their fort; and that ultimately the Portuguese were called in to keep the peace, through the action of the traders themselves, including the local representative of at least one important British firm. It is believed that the general objects which Her Majesty's Government aimed at in the negotiations have been fully attained by the present Treaty, viz., that, while recog- nizing Portuguese sovereignty over the specified territory, they should not fail to obtain guarantees for the proper treatment of British trade and for the complete equality in all matters of Her Majesty's subjects with those of Portugal, as well as the treatment of the most favoured nation ; and further to secure that transit through the territory occupied by Portugal should be free as regards all practicable routes. The assertion contained in the statement of the Manchester Chamber thatKthe Treaty hands over to Portugal the liberty and freedom, both as regards person and 29 property, of every British subject in that district of South- West Africa, ignores all the provisions, by which the liberty, freedom, and property of foreigners ar6 guaranteed. The IVth Article of the Treaty expressly provides that the trade of the river, water- ways, and coast shall not be subject to any customs charges, or imposts whatsoever, beyond those provided for in the Treaty or subsequently agreed to. Under the Treaty the principal commercial arrangements briefly stated are as follows: — The navigation, police, and general control of the River Congo are placed under a Mixed Commission, thereby extending for the first time the principles of the Treaty of Vienna, in regard to freedom of navigation, to a river in Africa. It is evident that as civilization extends, into the interior of that continent, the principle of the freedom of the navigation of the Congo will accompany it, now that that principle has been established as a matter of international concern. In the specified territory Great Britain obtains absolute most-favoured-nation treat- ment, and also equal treatrtient with Portuguese traders, so that all differential treatment, whether in favour of Portuguese ships or goods, or those of any other nation, is impos- sible. The coasting trade is also thrown open to the British flag, and in all the African.; possessions of Portugal the present Customs Tariff is not to be raised for a period of ten. years. This arrangement secures the retention of the 6 per cent, ad valorem Tariff at Ambriz" which, though technically within the limits of the specified territory, has been, tor many years an undisputed ,Portuguese possession, and is therefore not within the description of the preamble of the Treaty. In the .territory itself the Customs Tariff is not to exceed the rates of the Mozambique Tariff of 1877- The maximum raffes under that. Tariff in regard to the principal articles of British trade are as follows : 6 per cent, ad valorem on iron ; 10 per ,cent. ad valorem on woollens, linens, and silk, and on mi3;;ed tissues; 10 per cent, ad' valorem on certain classes of cotton goods, such as cotton velvets, plushes, quiltings, flannels, and blankets ; and specific duties calculated not to exceed the equivalent of 10 per cent. «o! valorem on certain other classes of cotton textures. It is believed in regard to these last that the calculations made in 1877 will have to be revised, as it appears that, owing to the exceedingly cheap character of some of the cotton textures sent into the Congo district, and the recent fall in prices, the specifiic rates in some cases now represent more than the equivalent of 10 per cent. This is a point which ha^s not escaped the attention of the Foreign Office. Transit by water is to be absolutely free, with proper facilities for bonding and transhipment ; and an assurance has been obtained from the Portuguese Government that, as soon as roads and railways exist, and proper arrangements can be made, a similar freedom will be accorded to transit by land, subject, of course, to the usual securities against fraud and smuggling. It is further to be observed that the Treaty of the 26th February limits to 3 per cent, the transit duty on the Zambesi ; deiines and limits the Portuguese jurisdiction on the Shire, and contains stipulations in regard to the fort and district of St. John d'Ajudd, which may not be without future importance in regard to the development of British trade on the Niger and the adjacent coast. Speaking generally, the Treaty has been entered into in order to establish security and peace on the Congo ; to put an end to crimes and hinderances to trade, which papers, laid before Parliament show to exist in consequence of the absence of any regular Government ; to secure moderate customs duties and the prevention of differential imposts ; and to obtain national and complete most-favoured -nation treatment for British subjects, commerce, and shipping. The Treaty also contains valuable stipulations in regard -to the abolition of slavery and of the Slave Trade both on the eastern and western coasts of Africa, and for the maintenance of religious liberty. Under these circumstances. Lord Granville • believes that the facts stated above will receive the impartial attention in this country which they deserve, and he further directs me to state that, in regard to the reassessment of the specific duties of the Mozambique Tariff in their incidence on cotton textiles, he will gladly receive the advice of the Manchester Chamber of Commerce. I am, &c. (Signed) EDMOND FITZMAURIOE. so No. 23. Mr. Guthrie to Earl Granvilk. — (Beceiised March 26.) The Cotton Spinners' Association, No. 32, Brown Street., My Lord, Manchester, March 25, 1884, IN pursuance of instructions of my Committee, I beg to forward you copy ©f Resolution unanimously passed at a meeting held this morning. 1 have, &c. (Signed) EDWIK GUTHRIE, Secretary. Inclosure in ^o. 23, Resolution. THAT this meeting of the Committee of the Cotton Spinners' Association, after diily and fully considering all the circumstances of the case, especially the insecurity and law- lessness which from time to time prevail in the Lower Congo region, is of opinion that the Congo Treaty is one which, by substituting the rule of an European Power for the weak, unstable, and partial control of native Chifefs, will tend to promote the interests 6f trade in that district, and, hy the. maintenance of order, enable small traders to conduct their business on terms of pel-feet equality with their more wealthy and powerful competitor^. It therefore earnestly hopes that, due provision being made against the irregular and often vexatious exaction of the internal administration, tlie Treaty wil receive the sanction of the Imperial Parliament, No. 24. Mr. Hutton to Earl Granville. — (Received March 27.) My Lord, Chamber of Commerce, Manchester, March 26, 1884, I HAD the honour to receive the letter of the 21st instant addressed to me by Lord Edmond Fitzmaurice, and I beg to express my acknowledgment of the allusion to the -weight attached by Her Majesty's Government to the views of this Chamber, and also to the desire expressed by your Lordship, to receive its advice in regard to the Mozambique Tariff in its incidence on cotton textiles. Your Lordship's letter has been laid before the Directors to-day, and I am authorized to state that the cessation of the Slave Trade referred to, and the contentions of rival claimants for the commerce and territory of West Africa, do not seem to this Chamber sufficient justification for recognizing claims on the part of Portugal. To sanction the proposed Treaty would in effect abolish free trade on the banks of the Congo, as also in the adjacent territories ; and in the opinion of this Chamber would inevitably lead to the imposition of vexatious regulations and laws, and other restrictions on British subjects, as well as to arbitrary heavy local taxation and burdens from which they are now exempt, and against which the Treaty provides no redress. Both past and present Governments have distinctly pronounced the claims of Portugal to this coas,t to be inadmissible ; and in support of this view I would respectfully tefer to your Lordship's letter of the 15th March, 1883, with the following words : — "Her Majesty's Governnaent have never receded, and do not now recede, from their contention that the claim of Portugal is not established," and that " Portugal has not had any right." It was after the export of slaves had practically ceased, and after a series of years of free trade between the natives and the merchants of England, that both Lord Palmferston and Lord Clarendon declared that the interests of commerce rendered it imperative upon Her Majesty's Government to maintain the right of free and unrestricted intercourse with these Congo tribes. The various Treaties subsequently made with the Chiefs who were the Sovereigns of those countries, provided distinctly that the subjects of Great Britain might "always trade freely with their people through the whole of their dominions." Until this year these Chiefs have been faithful to their engagements ; they have received from merchants their usual customs or tribute; and trade has extended 31 * prospered, and been entirely free from serious disputes; and this would continue were it not for the apprehended interference with the rights of these native Chiefs. The views which have guided this Chamber in its representations so repeatedly made to Her Majesty's Government during the past three years, have not been adopted without serious consideration. They were expressed in a Memorial of May 1881, in the following words : — _ "This Chamber would view with deep concern, countenance being given by Her Maje^f's Grovernment to any action of foreign Powers which might tend to interrupt the free course of trade, or to weaken the influence or the prestige of Grreat Britain with the na,tives." , Again in IN'ovember 1882, this Chamber addressed a Memorial to your Lordship, terminating as follows : — "Your memorialists would therefore pray that the earnest endeavours of Her Majesty's Government may be directed towards promoting a friendly understanding with the respective Governments of Europe and of the Ignited States, in order that the sovereign and territorial rights of the natives of the Congo and of the adjacent neutral territories may be respected and maintained; and tha,t in future there shall be no interference on the part of any Power, with the existing freedom of navigation and of commerce on that river and on its tributaries." On several occasions last year this Chamber repeated these requests, and earnestly protested against the recognition by Her Majesty's Government of any annexation of these territories. ' ' As regards the commercial points of the Treaty, the views of this Chamber accord in a great measure with the conditions laid down in your Lordship's letter of the 15th March, 1883, previously quoted, viz. : — "On this coast many trading factories are established, of which a small minority only are Portuguese. They belong to British, French, German and Dutch houses. They pay no dues or ■ imposts, making only insignificant payments to native Chiefe. Their vessels ply without hindrance in the- rivers and along the coast. There is no obstacle to the free access of the- traders to the interior. Missionaries also, irrespective of creed, are allowed perfect freedom in their work. It would be impossible, then, to agree to the imposition of burdens which do not now exist." As the proposed Treaty is at variance with the former engagements and assurances of Her Majesty's Government, upon the faith of which British merchants have established their trade and invested their capital on this coast, and as the Treaty abandons the essential conditions laid down by your Lordship, as quoted above, I am respectfully to add that the Chamber sees no grounds for modifying the views it has so often and so earnestly expressed. , This Chamber is always desirous of assisting Her Majesty's Government in all com- mercial questions which concern the trade of this district ; but after the decided opinion it has expressed on the principles of the Treaty, and on the disastrous consequences that will certainly ensue should it be ratified, it refrains for the present from offering a,dvice regarding the reassessment of the specific duties of the Mozambique Tariff. (Signed) ' JAMBS P. HUTTOJ^J", President. No. 25. Mr. Petre to Earl Granville. — (Received March 27, 1-45 P.M.) (Telegraphic.) Lisbon, March 27, 1884, 11-35 A,-M. THE principle of a maximum of 10 per cent, duty for the Congo on cottons and other articles, except tobacco, guns, brandy, and gunpowder, is accepted by the Portuguese Government. No. 26. Earl Granville to Mr. Petre. gjj. ' Foreign Office, March 28, 1884. ' ' I HAVE received jour telegram of yesterday, announcing that the Portuguese Government accept the principle of a maximum duty of TO per cent. In the CohgoTaHff 32 for cottons and other articles, witli the exception of tobacco, brandy, guns, and gunpowder. ' I have requested you to-day, by telegram, to express, to the Portuguese Government the satisfaction of that of Her Majesty at the liberal attitude which they have taken, and Her Majesty's Government desire also to acknowledge the promptitude of their action m this important matter. I am, &c. (Signed) GRANVILLE. No. 27. Earl Granville to Mr. Petre. Sir, Foreign Office, March 31, 1884. I HAVE to acknowledge the receipt of your telegram of the 27th instant, conveying the assurance given to, you by M. du Bocage that the Portuguese Government consent to adopt the principle of a maximum 10 per cent, duty in the Congo Tariff for cottons and other articles, except tobacco, brandy, guns, and gunpowder. I have already informed you that Her Majesty's Government have received this assurance with satisfaction. > I have now to point out to you, with reference to classes 21 and 22 in the Mozam- bique Tariff of 1877, that a statement accompanied by samples has been received from Mr. B. Arinitage, M. P., a manufacturer and a person competent to give a well-founded opinion in the matter, which shows that on cotton goods of Lancashire manufacture, printed or dyed, made of dyed yarnS} and coming under class 22, the duty of 90 reis per kilog. ranges from 17 to 40 per cent. Samples of goods coming under class 21 show on the duty of 160 per kilog., rates which range from 24 to 26 per cent. ; and on hand- kerchiefs included in this class from 16 to 20|- per cent. It has been further pointed out that the duty of 60 reis each on the "KaflBr" hoes "-sent to the Congo will far exceed 10 per cent. : it is even alleged that this rate may amount to 60 per cent. I have to reqijest that you will mention these instances to M. du Bocage, and that you will state that Her Majesty's Government understand that the Portuguese Govern- ment accept a maximum of 10 per cent., with the four exceptions— viz., tobacco, brandy, guns, and gunpowder — -specified- by his Excellency ; and that this maximum rate is fixed without prejudice to those articles, for example, metals, which it is provided by the Tariff of 1877 shall come in at a rate lower than 10 per cent. I am, &c. (Signed) GRANVILLE. No. 28. Mr. Lister to the Secretary to the Admiralty. Sir, Foreign Office, March SI, 1SS4:. T AM directed by Earl Granville to state that his Lordship would be glad to receive, at an early date, any information in the possession of the Board of Admiralty as to the navigability of the Congo by ocean steamers. It was reported by Her Majesty's Consul at Loanda in 1880, when he went to Nokki in Her Majesty's ship " Firefly," that there was at all times of the year 18 feet of water up to that point, and that there was believed to be sufiicient depth for navigation as far as Vivi. The same officer reported last year that experience had shown that the portion of the river immediately below Vivi was difficult to navigate in consequence of the force of the current, increased by the narrow- ness of the stream, but that it .was practicable for steamers of light draught keeping dose in land. He added that as far as Wanga-Wanga, a mile above Nokki, the river is navigable at its lowest for vessels drawing 15 to 16 feet. Her Majesty's naval officers, who have visited the river, have probably furnished information which would set at rest all doubts on the question. ' I am, &c. (Signed) T. V. LISTER. 33 Xo. 29. Eurl Granville to Consul Cohen. Sir, _ _ ^ Foreign Office, April 2, 1884:. AS it appears from communications received from persons in this country connected with^ African trade that their agents On the coast are imperfectly acquainted with the details of the Tariff adopted in June last for the French Colony of the Gaboon, I inclose a copy of that Tariff, to which you can refer if application is made to you for information on the subject. (Signed) I am, &c. GEAl^VILLB. Inclosure in No. 29. Extract from the "Journal Officiel" of August 8, 1883. LE President de la Republique "Fran^aise, ' Sur le rapport du Ministre de la Marine et des Colonies ; Vu I'Article 18 du Sdnatus-Consulte du 3 Mai, 1854 ; , . Vu le Decret du 12 Septembre, 1868, concernant le r^'gime commercial des^tablisse- ments Franyais de la C6te d'Or et du Gabon ; Vu le Decret du 4 Julllet, 1876, ^tablissant des droits sin- les marchandises impoft^es dans ces ^tablissements ; Vu le Decret du 9 Novembre, 1879, modifaCnt le Decret dn 4 Juillet, 1876 ; Vu le Decret du 20 lifovembre, 1882, reglementant I'introductloh des armes au Gabon ; • Vu I'avis du Ministre du Commerce en date des 8 Mars et 15 Juin, 1883: — Decrete : Article 1". Les marchandises import^es dans les e'tablissements Ffan9ais du Gabon, ou exportees de ces ^tablissements, sont soumises aux droits indiques dans le Tableau ci-annexe. Ces droits sont diminue^ de 20 per cent pour ks marchandises Frangaises import^es sous tous pavilions. Art. 2. Par exception aux dispositions du Decret du 9 ]^ovembre, 1879, et dans le but de favoriser les cultures locales, en les protegeant, s'il y a lieu, contre la concurrence etrang^re, le Commandant Superieur du Gabon est autorise & augmenter, par Arr^t^, d'accord avec le ConseU d' Administration, les droits per^us a I'entree sur les produits similaires de la Colonic. Ces droits sont, quant a -present, fixes ainsi qu'il suit: — Cafe Cacao Sucre brut . . Siz en grains Vaniile . . Fr. c. 6 00 les 100 kilog. net 3 50 „ 3 00 1 00 50 le kilog. net. Art. 3. Le Ministre de la Marine et des Colonies est chargd de I'ex^cution du present Decret, qui sera insere au " Bulletin des Lois " et au " Bulletin Officiel de la Fait a Paris, le 28 Juin, 1883. (Sign^) JULES GRlfiVY, Par le President de la Republique : Le Ministre de la Marine et des Colonies, ' \ ^i. (Sign6) Cn, Brun. i ' [285] 34 Annexe. Takifs de^ Droits de Douane. — (Importation.) (Gabon.) Unites Dgiignation. sur lesquelles portent les Droits. Quotite des Droit^=. Obsetvalions. Fr. c. Aniraaux viva&ts— Aniraaux vivants de toi^te sorte Tete Exempts. Produits et depouilles d'animaux — Viandes fralehes, salees ou conservees lOOkilbg. B. . 4 00 Peaux. graisses', liiit, beurre, et frotnages ;; ' ■ • 1 00 Engrais d'origine animale, de toute sorte 1 00 Pfiches— • Poissons sees, sal^s ou fumes . . 60 5 00 Poissons, homai-ds et langpustes, marines ou S» • • autreinent conserves Graisses de poissons .. .. ., f ) • • 3 00 Mati&r^s fkgh\al&% — Farineux alunentaires — Cereales de toutes sortes, grains, legumes, 9* • • 50 fariiies , Pommes de terre Fruits et graines — • • « Exemptes. / Fruits frais .. '• • Exempts. „ Sees, ii^ii; cbhflts ou conserves lOOkilog.B... 5 00 Graines a ensemeneer et autres ^^ Exemptes. .Denrees colonialeS de consoramation — Choeolat . . Le kilog. B. . . 10 Sirops, fruits confits, au sucre ou au miel, lOOkilog.B... 10 00 . eonfitures, bonbons, et biscuits suerfes Epices non pi-eparees 19 * • 15 00 xues •• a. ,, ,, a^ Le kilog, B. . . 50 Tables— En feuille et liamba . . Le kilog. N. , . 60 Fabriques «i fumer, priser, ou maoher 99 • • 60 cigdres .. 100 nombre . . 60 „ ci^ettes.. 1,000 nombre . 60 Sueres raffines ou assimiles aux raffines Le kilog. B. .. 10 Huiles et sues vegetaux — Huiles et essences . lOOkilog.B... 8 00 Sues et Batimes utilkis en inedeciiie Valeur , . 2 pour cent. Esp^oes m6dicihales — Vlg^taux medicinaux de toutes Sortes 2 „ ' Bois— ' "• >) Bois eommuns, de toutes sortes . k Exempts. 2-50 „ d'ebenisterie, de toutes sortes . lOOkilog.B... Fruits, tiges, et filaments a ouvrer — De toutes sorttjs, y compris les etoupes Exempts. Teintures et tanins — Vfegltimx de feutes sortes, propres a la tein- • • ,ture bt au tannMe Produits et dSchets divers— " Legumes verts, y compris les tru£3es et cham' • • pignons I^giiU^ ftkl4s, conifits ou conserves lOOkilog.B... 5 00 Son , . . . . . . . Mati^res minerales — • • Exempt; Pierres, terres, et combustibles mineraux — ! ' , Albatre, marbres, et ecossines, bruts, polis, ou sculptes • '• Exempts. Pierres ouvrfees, autres, de toutes sortes . . Meules 5» Ardoises, carreaux, briqnes, et tuiles de " toute sorte )5 Pierres de construction brutes et pavfes . , Chaux et pI4tre, ciment . . . . » Brai gras, goudron, et coaltar . . lOOkilog.B... 50 Huiles de chiste, pfetrole et autres huiles minerales pour I'eclairage Hectol. 3 00 Houille et coke Mfetaux — « • Exempts. Or, platine, ou argent • • >» 36 -'^fi' '4^- Designation. Metaux (iuite) — Per, t6le, fer blanc, acier, ouivre, plomb, etajn, et zinc, sous toates forn^es Fabrications — Frqduits chimiques — ' ,, . Sel marin et sel gemme Tous autres prodoits chimiques . . . . Couleurs — Vernis et couleurs, prepares ou non, de toute sorte Encre de toute sorte Crayons de toute sorte . . . . . . Compositions diverges — Farfumeries — Autres — Alcooliqnes . , . . J !Non alcooliques . . Savons autres que ceux de parfumerie Bougies de toute sorte . . ' Ch^ndelles.de toute sorte. . ,. Cirage .. .. Chicoree . . . . . , Medicaments composes . . . . .Boissons fermentees — Cidre, biSre, limonade, eaux minerales Vins ordinaires, ayant moius de 16 degr^s CbS'inpagne .. .. Vins de' 16 degr€s et au-dessas . . "Vinaigre Boissons distillees — Eau-de-vie et trois-six liiqueurS de traite, ayant ^noins de 24 ddgres . Liqueurs autres . . . . . • Poteries — Poteries, poreelaines et faiences, de toute sorte Fils— Fil de lin, de chanvre, et de cotpn . . ». „ de laine et de soie . . . • . . TisBus — Tissus de lin, chanvre, coton „ de laine .. .. . . „ de soie . . . . . . • • „ de jute . . . • . • • • Passementerie de toute sorte . . _ . . , Sacs, y dompris ceux destines a I'exportntion des produits du pays Vetements confectionnes, y compris la lingerie Papier et ses applications — Cartes a jouer . . . , _. . • • Papier et toutes ses autres applications Peaux et pelleteries ouvrees — Chaussures, sellerie, tous autres ouvrages en peau ou en cuir Ouyrages en metaux — , Metaux— En fer, fonte, et fer-blanc En cuivre . . . . En plomb ou en zinc . . En ^ain- . • • • En s^cier . . . . [285] Unites sur lesquelle's portent les Broits. lOOkUog.B. Valeur 100 kilog. B. Litre Grosse 100 kUog. B. Litre 20 100 kilog. B 6 00 9) 5 00 IJ 6 00 3 00 9> 2 00 5 00 5» Exempts. Litre Litre 100 kilog. B • • 2 00 ■» 10 /oo 9f • • 20 00 • • 20 00 )) • • 25 00 99 « • 30 00 .. 5 00 Valeur . , 2 pour cent Piece • • 02 Quotite dc'S Droits. Fr. c. Exempts. 1 00 2 pour cent. 3 00 15 60 20 00 05 05 25 5 c. plus le droit des eaux-dc- yie sur les de- grfes excedent 16 desties 05 1 c. par degie Le droit du tissu dont ils sont formes augmente de 10 pour cent de ce droit Jeu. 100 kilog. B. 05 10 00 20 00 1 50 4 00 3 00 2 50 3 00 Observations. Chaquc bouteille couipiee pour 1 litre cntier. — 2 litres, si la conteiiance excSde 1 litre, &c. , Idem. Idem. Idem. —7 Vins de bouteille compt^S a 24' degr^s, si I'interesse ne fournit pas les moyens de controler les degrfe, Meroes observntions que pour les vins. Idem. — Par- exception, les fioles inftrieures a ^ litre sont com])tees ^ litar. Idem. Idem. " '• Les vetements en tissus me- lau{;6s sont tuxes d'apres le tissus domicat. F 2 36 Design, t ion. Metaus (suite) — Oifevrerie ct bijouterie— Fausses . . . . , , , En or, argeut ou autres melaux pricieux , , Horlogerie, y compris les accessoires Monnaics d'or et d' argent , . . , Maehines, mecnniques et pi«oes detaohees . . Outils dc toute sorte . . . . Aiguilles de toute sorte . . . . . Epinglcs de toute sorte , . Hamcgons . . . . , • • Ooutellerie de toute sorto, . . . . , I'lames a ecrire, autres qii'en mStaux precietix Articles de menage en metaux Quincaillerie Clous, vis, botilons, &c., eu fer -"Aiicres, cables, et chaiue?, eii fer . , Armes, poudres, et munitions — Armes de traite— Fusils a piston . Fusils k silex, . Armes de commerce Capsules et douilles amorcees Poudre a tirer . . ' Cartouches a baUes „ a plomb Plomb de chasse Artifices pour divertissements ^icubles — , De toutes sortes, y compris les cadres, mo.-itcs ou non ' Ouyrages en bois — Fjitailles vides— Montees Demontees . . ,'['ous autres ouvraxes on boi--, iion denoinm(S . Iiistrumeiits de musique — Instruments complets t>t accc-s .ires de toutes sortes Ouvrages de vannerie, sparterie, et corderio — ' Cordages et ficelles de toute sorte . . Ouvrages de vannerie, spartcrii-, ci corderie, non denommes Ouvrages en matieres diverse? — Carrosserie de toutes sortes . . ■ . . Embarcations de mer et de riviere . . Agr^s et apparaux de navire, non denoairaes . Ouvrages en caoutchouc et en gutta-percha . . Fentros et ouvrages en fcutres, autres que les chapcaux Chapeanx de toutes sortes, y oomiiris ccux do dames Pipes et autres ouvrages en tcurae . . Lilge ouyre, de toutes sortes Besides, lunettes, lorgiions, et jumelles Instruments d'optique, autri's', ct appareils scientifiques Tabletterie de toutes sortes BrosSerie de toutes sortes. . Bimbelqterie . . AUumettes chimiques en circ . . J „ autres qu'en cire . . . | Ouvrages de mode . . . . . . Parapluies et parasols en soie Autres • • • • ~ . • • . Marchandiscs non denomm^cs . . . . Marchandises Fran9aise8 importees sous tous pavilions Unites sur lesquelles portent les Droits. Valeur »» )> 100 kilog. B. Kilog.'N. 100 kilog. B„ Kiloar. N. 100 kilog. B., Piece Valeur Kilog. B. Kilog. N. 100 nombte 100 kilog. B.! Kilog. B. . Valeur Pieice 100 kilog. B. . Valour . , 100 kilos. B... Valeur Tonu. de jauge 100 kiW. B. .. Valeur 100 kilosr. B. Quotit^ des Droits. Grosse de boices de 50 allumettes Valeur . . 100 kilog. B... Valeur Fr. c. 2 pour cent. 50 c. pour cent. 3 00 6 00 1 00 20 1 00 15 00 Observations. 5 4 15 5 2 00 50 00 00 50 2 00 1 50 10 pour cent. 75 25 2 00 1 50 3 00 50 2 pour cent. 15 10 5 00 2 pour cent. '2 00 5 00 2 pour cent. 1 50 2 50 7 00 5 00 2 pour cent. 9 00 100 00 Exempts. 50 GO 8 00 10 00 75 ^ 50 2 pour cent. 10 00 5 GO 2 pour cent. Un Deoret du 20 Novembre, 1882, a reglemente I'in- troduction des armes au Gabon. Reduction de 20 pour cent. La valeur a declarer est celle des factures aug- mentles de 35 pour cent. 37 Notes. Marehnndues non denommees.—'He peuvent etre tarifiSes comme niarchandises non denommfees que celles ne pouvant pas Hre assimil6es k une eategorie de marohandises nomm^ment designfees. Cette assimilation se fait d'apr^s le Tarif Gfenferal Metropolitain. ^ Mlxempiions. — Independamment des exemptions d^ja specifi6es dans lo Tarif qui precede, sont exemptes de 1. Les livres, impriraes, gravures, lithographies et photographies qui ne rontrent pas dans la eategorie des objets prohibes, soit au point de vue politique, soit au point de vue de la morale ; 2. Les oEsuTres de musique et de eartographie ; 3. Les instruments et aiq)areils destines k I'enseignement ; 4. Les objets et vetements destip/es a I'exercice d'un culte ; 5. Les objets d'art et de curiosite ; 6. Tout ce qui est k I'adressc du Gouvernement Colonial ou qui, destine au materiel et aux approvisioflne- ments du service, est affecte a cette destiijation, sans I'intermddiaire d'un n^^gociant (le la Colouie; 7. Les meubles et effets d'habillement a I'usage personnel des officiers, fonetionnaires, marins et railitaires, et des Europeens residents, a qui ils sont adresses, en tant qu'il n'y a point d'abus et que ces objets ne donnent lieu a aucun commerce. 8. Les mobiliers et tous les objets autres que des marchandiges destinees au commerce, appartenant k des anciens habitants de la Colonic qui y rentrent, ou k des Strangers qui viennent s'y fetablir ; 9. Les effets et mavchandises destines aux membres d'une mission politique, geographique, ou scientifique. En outre, le Gouvernement Colonial a toujonrs la faculte d'exonerer, de tout ou partie des droits, les machines et outils destines a une exploitation qu'il oroit devoir eucourager. En ce cas, une autorisation ecrite du Comman- dant Superieur est indispensable. Takifs des Droits de Douane. — (Exportation.) Unites Designation. sur lesquelles . portent les Droits. Quotite des Droits. Observations. i Fr. c. Bois rouge Lestere 10 Eb^ne .. Les 1,000 kilog. 10 Le negociant pent, s'il y trouve aTantage,'reclamer la taxe au stere. Caoutchouc Le colis 1 20 Ivoire — Au-dessus de 10 kilog. .. La piece 15 95 Au-dessous de 10 kilog. .. 35 • • 8 61 Cire . . . . . . , . . . Le colis 1 38 Ecaille .. Les 100 kilog.. 4 40 Entiere, la piece ; morceaux d'ecaille, le "colis. Huile de palrae . . . . . . . , Le colis 30 Noix de palme Le colis ou les 1,000 kilog. ■ 10 Arachides Le colis ou les 1,000 kilog. ?2 Goptime cop-.ile Le colis 22 Dicka . . „ • • 28 Ecorce do paletuvier, pour teinture . . Les 1,000 kilog. 01 Vu pour etre annex6 au Decret du 28 Juin, 1883. Le Ministre de la Marine et des Colonies, (Signe) CH. BKXJJS. (Translation.) THE President of the French Eepublic, On the report of the Minister of Marine and Colonies ; Considering Article 18 of the Senatus-Consultus of the 3rd May, 1854; Also the Decree of the 12th September, 1868, respecting the coinmercial regulations of the French establishments on the Gold Coast and Gaboon; Also Decree of the 4th July, 1876, establishing imposts on merchandize imported into these establishments; Also Decree of 9th November, 1879, modifying Decree of the 4th July, 1876; Also Decree of the 20th November, 1882, regulating the admission of fire-arms, &c., to the Gaboon; Also the opinion of the Minister of Commerce, dated the 8th March and 15tb June, 1883 :— Decrees: Article 1, Merchandize imported into the said jstablishmeuts is subjected to the ^8 duties indicated in the subjoined Table. These duties are lowered 20 per cent, for French goods imported under any flag whatever. Art. 2. As an exception to the arrangements of the Decree of the 9th November, 1879, and with a view of favouring local industry by protecting it whenever possible lagainst foreign competition, the Chief Commandant of the G-aboon is authorized to raise by local order, in agreement with the Administrative Council, the dues levied, on importation, on produce of same n£i,ture as grown in the Colony. These dues are, at present, fixed as follows : — Fr. c. Coffee .. .. Cocoa . . . . Kaw sugar' . . , . Ric6, in husk Vanilla .. .. .. Art. 3. The Minister of Marine and of the Colonies is charged with the execution of the present Decree, which will be inserted in the " Bulletin des Lois " (Law Reports) and in the Navy Orders and Regulations (" Bulletin Officiel de la Marine "I, Done at Paris, the 28th June, 1883. I ■ 4 .. 3 50 . 3 00 .. 1 00 . 50 per kilog. By the President of the Republic : The Minister of Marine and Colonies, (Signed) * Ch. BEtrN. (Signed) JULES GREVT. No. 30. The Secretary to the Admiralty to Mr. Lister. — -{Received April 5.) Sir, Admiralty, April 4, 1884. WITH reference to your letter of the 31st March last, asking for any information as to the navigation of the Congo by ocean steamers, I am commanded by my JjQjrds Cominissioners of the Admiralty to transmit, for the perusal of Earl Grranville, copy of a Memorandum on this subject drawn up by the Hydrographer to the Admiralty. I am, &c. (Signed) EYAN MACGREGQR. , Inclosure in No. 30. Memorandum. WITH our present knowledge of the Congo, and from the shifting character of the channels in certain parts, it is difficult to assign a special draught for vessels navigating from the mouth to above Embomma. The navigation of the river may conveniently be considered as divided into three sections : — 1. Prom the mouth to Puerta da Lenha. 2. Prom Puerta da Lenha. to Embomma. 8. Prom Embomma to Noki. In Section 1. — The least water obtained by Her Majesty's ship "Firefly," in August 1880, when in charge of a pilot, was 24 feet. The oflicer commanding the French ship of war " Sagittaire," drawing 10| feet (which ship went up the river to above Noki in 1883), states that, although the balnks are always changing, the depth in the channels has remained at more than 13 feet. In Section 2. — ;The least water obtained in March 1875, by Her Majesty's ship *• Ariel," was 18 feet ; and in August 1 880, by Her Majesty's ship " Firefly, in charge of a pilot, 21 feet. In both cases the middle branch of the river (charted as MambaUa River) was used. The " Sagittaire " proceeded to Embomma at the time of lowest water, when the depths were not found to be less than 13 feet, and her Captain states that vessels drawing 11| feet can pass through at all seasons. In Section 3.— The Congo is deep. The " Firefly " anchored in 12 fathoms off Noki : the dangers to navigation in the upper part being whirlpools, of which there are several. At Yivi, about 5 miles above Noki, the width of the Congo, as given by the officer 39 of Her IMajesty's ship " Starlihg," 188!?, is 970 yards, the whole surface being coveted with whiripbols, the fall of the river at that point being about 18 feet. The evidence goes to show that at th« lowest river 11 to 13 feet may be relied on as far as Bmbomma ; from thence the river is deep, and nothing to prevent vessels going to Foki. Beyond, Foki the whirlpools affect navigation! The "Sagittaire" anchored at Chouzo, 4 or 5 miles from Noki, but it was considered hazardous from her size. (Signed) FREDK. J:N"0. EVANS, Hydrographer. No. 31. Mr. Lister to the Secretary to the Admiralty. Sir, ' ForeiffnOjffice, April 7, 1884. I AM directed by Earl Granville to acknowledge the receipt of your letter of the 4th instant, inclosing a Memorandum, prepared by the Hydrographer of the Admiralty, respecting the practicability of the navigation of the Lower Oongo by ocean steamers.. It may be of ii?.terest to the Lords Commissioners to know, with reference to the rfemark that beyond Noki the whirlpools affect navigation, ihat Mr. Johnstop, who has recently published a narrative of his visit to the Congo basin, stated when he was asked at this Office as to his experience of the force of the rapids between Vivi and Noki, that, in his opinion, the difficulties of that part of the river were exaggerated ; that whfeTi thb tyater was high he had passed over the rapids, and hardly noticed their existence, and that when it was low, the navigation was always practicable for a steamer of frbm 80 to 100 tohs; he added that at some of the worst points, such as that knovra as " Hell's Cauldron," the stream did not probably run more than 12 miles an hour. ' ^ ,j I am, &c. .,. .;,;; (Signed) T. V. LISTM. ]. • . ■--".'■ j.' -.*'■ ' .'. .. - , . '" '?'' ' No. 33. Mr. Petre to Earl Granville,' — (Received April 8.) My Lord, Lisbon, April ^, 1884. A BlLL has been submitted to the Portuguese Parliament by the Minister f Marine and the Colonies with a view to the construction of a railway from St. Paul de Loanda, capital of the "West African Colony of Angola, to the district of Ambaca, in thfe interior. The Bill in question authorizes the Government to grant a Concession to' a private Company for the construction and working of the railway, and to guarantee 6 per cent, interest , oh the necessary capibal, calculated on a maximum cost of 4,440Z. the kiiotaetre. The guarantee is to be a charge on the Customs revenile of the Province of Angola, and failing this, feventually on the produce of 5 per cent, bonds to be issued by i\iQ Home Gbvernment for this purpose, and for the extinction of the debt of the African Colonies to Ihe Coionial Bank of Portugal. The object of the proposed railway is to attrafct to the Port of Loanda the rich produce of the Ambaca and contiguous regions. * <^?1|^ i I hflVG &c ^ (Signed) ' GEORGE G. PETEE.H No. 33. Mr. Lister to Consul Cohen. gjj. Foreign Office, April 8, 1884. ' REPORTS have been published in the newspapers of serious disturbances at Noki, and in its neighbourhood, between the traders and the natives. .According lo these reports, trade caravans having been plundered, the traders at Noki organized an expedition to punish the natives ; the expedition was repulsed ; the natives followed up their success by attacking the factories, and the stations both at No,ki,and Wanga 40 War)ga would have been unable to hold out, had not assistance been sent irom the station of. the African Association at Vivi ; it is added that two Portuguese gun-b a s and the French man-of-war " Sagittaire" had gone up the river to render aid. Her Majesty's Government would be glad to receive such information as you may, be able to collect as to the nature of this outbreak, as to the causes which led to it, and as to the extent of the combination of natives which, if the reports are true, enabled them to defeat a well-armed force, and to place the Settlements of the whites in such iiuminent danger as made the ascent of the river by European men-of-war necessary for their security. I am, &c, (Signed) T. V. LISTER. No. 34. M?'. Pease, Sfc, to Earl Granville. — {Received April 12.) British and Foreign Anti-Slavery Society, My Lord, ' 55, New Broad Street, London, April 12, 1884. THE Committee of the British and Foreign Anti-Slavery Society have read with deep interest the draft of a Treaty with Portugal for the future regulation and delimita- tion of hor possessions and of her claims iji South-Avestern Africa. While the Committee feel grateful to Her Majesty's Government for the careful provisions tliey have made in the Treaty for the suppression of the Slave Trade, they, nevertheless, hold strong objections to its ratification, on the following grounds : — 1. That the extensive regions already claimed to be occupied by Portugal have for ages been devoted to (ho prosecution of the Slave Trade, both on the part of her own subjects and of Arab marauders. ' 2. That such subjects of Portugal as exist in these countries have been largely supplied by the expatriation of convicts from the mother coutitry, conducing greatly to the elements of crime and disorder. 3. That long experience has shown that any control over these regions on the part of the Portuguese Home Government is of the feeblest character, in consequence of which the Slave Trade provisions of this Treaty must necessarily to a large extent prove ineffective. 4. That, in confirmation of these allegations, the Committee are able to show on unquestionable evidence that, at this very time, the Slave Trade is to a^ considerable amount being carried on by the Portuguese from their Settlements in Loanda to the Islands of St. Thome and Principe, and even to the Cape de A^erds. Under such conditions, the Committee would look with great apprehension on the acknowledgment of any claims on the part, of Portugal to any territories which have heretofore been disallowed by Great Britain. Specially would they do so in respect to any claim by Portugal of a jurisdiction over any part of the River Congo. In view of the ineffective and corrupt character of the Administration of Portugal in her African territories, the Committee are compelled to regard such an occupation as obstructive to any real suppression of the Slave Trade, and subversive of any hope of its being soon supplanted in those regions of Africa by a larger extension of legitimate commerce and of a Christian civilization. On behalf of the Anti-Slavery Committee, we are, &c. (Signed) ARTHUR PEASE, President. EDMD. STURGE, Chairman. JOSEPH ALLEN", Treasurer. ' CHAS. H. ALLEN, Secretary. No. 36. Consul Foot to Earl Granville.— {Received April 1 3.) (Extract.) Blantyre, January 18, 1884. THE Ruo River practically may be looked upon as the southern boundary of the Makololo Chief Chipitnla, v\\o jealously guards his territory from the encroach- ments of Matakenzia's people, and has even made war on them, driving them south j but this procedure has been condensed by the members of the Mission, and he has been 41 advised by Mr. Moirj Maaiagei* of the African Lakes Company, to be content with his own territory, and consider the Euo Eiver as his southern boundary; and if Portuguese authority be established amongst Matakenzia's people, this will be the best natural boundary, especially as Chipitula's principal, river village, which is stockaded, is built on the north side of this river, and at the point where it runs into the Shive. :So. 36. Mr. Petre to Earl Oranville. — (Received April 19.) (Extract.) Lisbon, April 13, 1884. AN objection, of a serious character, to the extension of Portuguese rule, is the alleged connivance or indifference of the colonial authorities as regards slavery and the Slave Trade. If this objection, which at the present time can only apply to the Eastern Coast of Africa, were based upon tangible facts, it would> indeed, be an argu- ment against the recognition of any extension of the sovereignty of this country which no considerations of policy or convenience would be sufficient to overrule. But where are these facts recorded and substantiated? Jt is at all times difficult to establish a negative, and more particularly so in this case. It is no business of mine to vindicate the character of Portuguese rule, but I am convinced that the Government of this country is as sincere and firm in its determination to aid in the suppression of the Slave Trade as any other European Government, and would be as little disposed to tolerate any prostitution of its authority for such a purpose. Mistrust, and suspicion of Portuguese tolerance with respect to the Slave .Trade, are legacies of the past. In these days of rapid intercommunication the arm of the metropolitan Government is far-!reaching enough to make its power felt and its will respected, nor, taking the lowest ground, is it likely that colonial officials would run the risk involved in winking at the iniquitous Traffic, without a prospect, or, even more, a certainty, of personal gain. Yet it is notorious that, as a rule, Portuguese Colonial Governors return home after their few- years' tenure of office as poor as they went. It is admitted, and, in fact, it cannot be denied, that even at the present time things are done in Eastern Africa, by men speaking the Portuguese tongue, which bring discredit on the name of Portugal ; but, if I am rightly informed, these men are generally disrephtable half-castes, and sometimes even blacks, who have often but a very shadowy claim to Portuguese nationality, and who carry on their nefarious proceedings" beyond , the pale of Portuguese authority or beyond the limits of its practical control. No. 37. Mr. Lister to Mr. Pease. Sir, Foreign Office, April 19, 1884. I AM directed by Earl Granville to acknowledge the receipt of your letter of the 12th instant, containing the views of your Society on the Congo Treaty and its effect on the Slave Trade, and I am to request that you will favour iiis Lordship with any further and more definite information which your Society may possess as to the export of slaves from the Portuguese possessions on the coast to St. Thome and other islands; and also any evidence showing that the alleged Slave Trade is confined to the districts under Portuguese jurisdictior^. I am, &c. (Signed) T. V. LISTEE. No. 38. Consul Cohen to Earl Granville. — {Received April 21.) My Lord, Loanda, March 14, 1884. WITH reference to my despatch of the 5th February last, I have the honour to ' report to your Lordship that the Governor-General verbally informed me that i 285] G 42 Captain Brito Capello, of the corvette ''Eainha de Eortug^al," who was commissioned to examine into the question of the di'stm-bance which occ;arred; at the factory of Messrs; Hatton and Gbolcson at Cabenda,, iinposed a fine on the instigator of *e attack, Chico Fi-anque, of 200 milreis, or m. 8s. lOd, and: the man who ftre£ fc shot kiiliiig the Krooman has heen brought toXoand^^an^ detained. on board' the Portuguese man-of-war. _ ^ j « i j. I have received no reply from the agent of Messrs.' Hatton and Cookson to the letters I addressed to him,, but I. have indirectly heard that he is much disappointed at the leniency which has been shown, as he expected that the Portuguese authorities would have dealt with the natives of Cabenda in the same manner as they recently did at MucuUa. • I have, &c. (Signed) , A. COHEF.. No. 39. Consul Cohen. to. Eaiil GraAvUle.—iRecemed: April %\.) My Lordi Lonnda, March. li^.lS&ia^ I HAVE the honour to report to your Lordship that- a. serious disturbarace occurred last month, at ]!!5"okki, on the Congo, between the Eur,opean,tra4erS: and the, natives. of, that district,, It appears that a question arose as regaards the. amounts of "'customs." to be paid] and the traders insisted on the Chiefs going to the factories' to hold a palaver on. th« subject; they refused, and the traders, with their labourers and sejvantg,: armed with rifles, &G., prpeeeded to the village. As they approached they assumed a very defiant attitude, and executed certain manoeuvres which, the natives, took offence atj and considered as a challenge. It resulted in a g.enta-al firing on. both, sides*, and; ended, in the precipitate retreat of the trading party^ a Frenchman and. several of the factory people being killed,. No Britisli traders were concerned in this affair; Application was>.maide by the chief agents , of the Dutch and French hoases:- to the authorities here for assistance, and the Governor-General at once, dispatched, a, ship of war. The French gunboat " Sf^gittaire " also proceeded' to Nokki. Pending the arrival of the ships, an armed force of Kroomen employed at the Duteh and French factories art Banana was dispatched, and attacked the natives j, killing and wounding many, but I have not heard the exact number, auid destroying several villages* The ships of war did not land any men, as they arrive,d subsequent to the return of this force. I understand that the Chief of the, Vivi station also sent a force to protect the factories, but took no part in the attack. ^ The Commanders of the Pqxtuguese and French ships of war summoned the Chiefs, and established conditions for future security of traders and the regulation of trade. This is the summary, as far as I have been able to. ascertain, of this matter. I have, however, requested the Captain of Her Majesty's, ship " Stai'ling," who has proceaded.to the Congo to; meet Rear-Admiral Salmon, to collect further details. (Sig;jed) ' A. COHEN.. No. 40, Earl Grmville^to. Mr.Ketre. Sir, Foreign Office, April 23, 1884. IT appears to Her Majesty's Government that the time is approaching when the Portuguese Government should take active steps to ascertain whether, and on what terms, the sovereignty of Portugal over the territory specified in Article I of the Congo Treaty will be recognized by other Powers interested in African trade. That the attemtion-of those Powers is directed to the Treaty, and to the position in which their subjects would be placed when Portugal assumes the sovereignty, is manifest from the discussions which 43 have taken place in some of the Legislative Bodies, and from the criticisms which have appeared in the newspapers of , France, Holland, and the United States. Senhor de Serpa stated, in his note of the 24th March, 1883, that the Portuguese ' Grovemment had not the slightest fear, if the Treaty with Great Britain were concluded, that the i^ecognition of any other nation wpuld be withheld ; in my reply of the 1st June I observed that the information in ^possession of Her Majesty's Government did not alto- gether support that view. 'Her Majesty's Government would be glad to know whether it is still entertained by the Government of Portugal now that the condition attached by Senhor Serpa has been fulfilled by the signature of the Treaty. That the question is of urgent importance is indisputable. I pointed Out in my two iibtes 01 the 15th March and the 1st June that a mere dual arrangement between Great 'Britain and Porfetigal, unrecognized by other countries, would be futile, and in the former note I insisted on .the fact that the acceptaince of other Powers would be indispensable before the Treaty could come into operation. This is, indeed, so obvious that it is hardly necessary to revert to it. Portugal could not permanently establish herself on the Congo if the (Powers generally refused to recognize her supremacy, or to permit their subjects ; to submit ;themselves to her > authority, and the Treaty would consequently be ipso facto inoperative, as its whole fabric rests on the assumption of Portugal being able 'to maintain her position as Sovereign Power, and to establish her right in thkt capacity to impose duties on foreign commerce in return for protection accorded to it. The Portuguese Government can hardly fail to give at present serious consideration to the point, and I should therefore wish you to ascertain M. du Bocage's views. In communicating with him, you are fully authorized to say that Her Majesty's Government wUl be ready to assist the Portuguese Government, in whatever manner may seem to both parties to be most judicious, in obtaining the acceptance of the Treaty by othe Powers. If it should be proposed, in order to overcome opposition, to invite the presence on the Eiver Commission of Delegates from other Powers, the assent of Her iMajesty's Government would be a foregone conclusion, as their proposal for an International Com- mission was, as you are aware, p,bkndoned only from their inability to overcome the objections of the Portuguese Government. I am, &c. (Signed) GRANVILLE. ^^UriMtaaiMW^iWia No. 41. ^ I. jLord E. Mtzmauriee to Mr. Tritton. Sir, ' Foreign Office, April 24, 1884. I AM directed by TEarl Granville to state that the representations relative to trade with the Congo made by the deputation introduced by you on the 7th instant, and the Jdemorandum then communicated, have been under consideration. i^fmi With regard to th6 objection raised to the mode of assessment of import duties, it is to be observed that a similar .provision is usual in Treaties which contain Tariff stipulations. .For instance, the first paragraph of Article IV of the Treaty with France of the 23rd January, 1860, negotiated b,y Mr. • Cobden, is as follows : " The duties ad valorem stipulated in the ^present Treaty shall be calculated on the value at the place of production or fa,brication of the object imported, with the addition of the cost of transport, insurance, and commission necessary for the importation into France as far as the port of discharge." A provision in similar terms is to be found in subsequent Treaties ; it may be sufficient, as regards the practice of this country in the matter, to mention the Treaty of 1880 with Roumania and the Treaty of 1881 with Servia. As regards the representations made with respect to Portuguese Customs Regula- tions, I am to state that when the Congo Treaty comes into operation, the British Commissioner will be instructed to use his best endeavours to obtain modification of any local requirements which may be detrimental to trade, and to watch these questioiis generally ; and I am to add that, at the prqper'time, the suggestions of Associations and .persons engaged in the Congo Trade will be asked. I ani, &c. (Signed) EDMOI^D FITZMAUEICE. [285] G 2 44 Eo. 42. Mr. Allen to Earl Granville.— {Received April 2ii.) British and Foreign Anti-Slavery Society, 55, New Bra J Street, (Extract.) London, April 25, 1884. IF reply to your Lordship's communication of the 19th instant, requesting informa- tion as to the Slave Trade alleged to be now carried on in Portuguese territories on the West Coast of Africa, I have the honour to inclose copies of correspondence and other documents relating thereto : — 1. Extracts from " De Rebus Africanis," by the Earl of Mayo. 2. Extracts from letters of Congo merchants. 3. Extract from letter from gentleman just returned from the Congo. As to Inclosure Fo. 2, 1 have the authority of the President of the Manchester Chamber of Commerce that the letter is bond fide, and that the name of the writer can be produced in case of necessity. I am also authorized by Sir Erederic Groldsmid to state to your Lordship that the Scenes on board the Portuguese steamer described are precisely similar to what came under his own observation a few months before when making the same voyage. Inclosure 1 in Fo. 42. Extract from " De Rebus Africanis," hy the Earl of Mayo, pp. 25-27. CATUMBELLA, tlMn^iWigiof which is taken from the. jiVer oh'^rBjcBTTtstanSsTis the next place. There is a fortafe^e entrance popea«8 in its empl6^ ; dv&n Vivi, slthoui^h in aa apparently hesitky oo.«stifia_ ;mi. * vary had reputation . 11. On the morning of the lt)th infftsnt I pstumed tft the ■'" %/issr'm'f '" - T^«ascfc: ami descended the river ift \v*P to Botaa, sachorr^ far Hie ai^r. s^.. - s«c: morning, and mjoined the 'Boadicea" at noon off BoolamhomiTS. %}ie .irziX - -ac. with coal, and I proceeded at ont^f^ ^ac ^<- 'pr,iii ri,>. Loanda^ whese :2ie: " ,_:___•/ rejoinM me. 1'2. Whatever may he the uitimate^ oh;yect of tJift r.itemationat jfeasneiaum. Z cannot helievfi that the .Stanley roiite, with its alternate riv'^r iini and ^raj»5*. -^^il ^rrsr he^me * feftde^ ro»i*»» ;^ e^ea iWw anyone ^«^ tfi^ Stfean-Iey ? * ' .'^-fer rul-m^ the whole distance. To ?ive sn instance of the dMm .rroriea: -mti.. there is now at Banana a stream ianncii (stem-wheeier x "val -31^ W>mftn ^irw moftths t>n^o is, no dottht,. a ?rind river to ir.r.'^ <: , , i c- ^ 3-rna- ica aaviaaiioiL i« 6t*dinarily dii1fic;i>lt and fiv^.n daTWjftrfMW^ JJo^ trade: is- hroiis^c doxnt in. cann^'mr x fair awonnt of {>alm-oil and kerne' -;-■-■..-' -'. • ' : - • ' - -^: „ ; Iib: natives, And transporfe-d to iJanana -.;-,, > .. . >- . ^.jaeL jfetnanSb seemed a hnsy pla-fficie;nt ^r sr. •■ - - - - - ., • - - -, - - - '■:ita.oiisiimfflit& *« have beer* formed on the i-ivf^. i Iv*v* ... > : , - --r \civ-r_VT is the result r>^ the actio^v of the Intemationsi A.ssociacion, the: mere 1 ii:pi_iii :o hettcfit in som^ way by whatitia d^'^n? v, — .--, ■~'-"^'-- -...^ -^ -, - - -_ .-.,--c ^jj.- iyi the Jartd aronnd Uowva has }>een tak.' • ■- , ..■--: ,.;.-.. A. i:ti::t: a 'i^ an ftTfc/'ilent.siM, !?»ippo«iin* the Con^i^^ to beeocie^ a ^er. , . -. .; - . , v. „ 1 I -.li^ I6»ve to d/y. /i*^ ^ jWV. All,en. Sir, Vf/rei/jn Office, Mt^ 8, 1884. f AM dir<':f*d \ij Vau\ (UiumWf', i/> a/.-knowJ^jdj^c r.hc r';ceipt of your letters! of the ^t'dh and 20t/b (dtirno, in v^hifth yoii hdvc been good finongh, in reply to the invitation n,ddr««fted to thft ?io6'ietj on the 10th tiltiririo, to forward papers containing evidence in m\fp'iri of f fif fttrtf/^frif'ni fbfii ihd Hlavi Trade is atill carried on from the Portuguese possessions oTi tire WesM oast of Afriea. I ftf/i (0 olwetfe tlrftt these papers all pwnt, not to the s^yhtem of trade in slaves, but to \hiil. iii' ronlrrc't Ifibottr ; this is indeed clearly Mated in the letter from the Con^'-o i!nui:\tu.iil of tl/e ^Hlh ,Mareh, in whifb lie myn (hat " »lavery docs not exi.st de jure, and tioi Ktidftt ilie «ofi(li(iof(B nvhich ntc commonly attached to' the word, hut dr facto it <' is ■ » §. n M 5' B s g g St s 3 s y * Oq « £• H > 5 ? 5' » ? r* '■ ■ p -• s ot !2! IB ? a ng ^ 'm 10 p^ g^ f^ t^ S QO =r ? GO w-a » •< CD rt • 00 B- *= j» ■! m o rt> fl 5. •< ij< AFRICA. No. 7 (1884). CORRESPONDENCE RESPECTING THE WEST AFRICAN CONFERENCE. Presented to both Houses of Parliament by Command of Her Majesty, 1884. LONDON: FEINTED BY HAEEISON AND SONS. To be purchased, either du-ectly or through any Bookseller, from any of the foUowmg Agents, viz., Messrs. Hansaed, 13, Great Queen Street, W.C., and 32, Abingdon Street, Westminster ; Messrs. Eyre and Spottis-woode, East Harding Street, Fleet Street, and Sale Office, House of Lords ; Messrs. Adam and Charles Black, of Edinburgh ; Messrs. Alexander Thom, and Co. (Limited), or Messrs. Hodges, Figgis, and Co., of Dubhn. [0.— 4205.] Price 2|c?. A.5?15'?5' TABLE OE CONTENTS. No. 1 19 20 21 22 23 24 25 26 27 28 29 30 31 Name. To Lord Arapthill, Priace Bismarck to Count Munster To Lord Ampthill, . 4 Lord Ampthill 5 6 Viscount Lyons . . To liord Ampthill . . 7 Lord Ampthill 8 To Lord Ampthill . . 9 To Mr. Scott 10 Baron Plessen 11 To Baron Plessen , . 12 To Sir J. Walsham 13 To Sir E. Malet . . 14 Sir E. Malet 15 To Viscount Lyons 16 Viscount Lyons . , 17 j» 'J . • 18 To Sir E, Malet . . >I ?) Viscount Lyons Sir E. Malet >) 'J • • (Telegraphic) To Sir E. Malet . . f> ft Count Miinster To Sir E. Malet . . To Count Munster Sir E. Malet Count Miinster » » Date. May 26, 1884 June 7, 30, July 4, 16, 19, 25, Aug. 7, Oct. 7, -8, 8, 10, 11, 11, 15. 15, 15, 17, 18, 18, 18, 19, 19, 20, 22, 22, 24, 25, 19, Nov. 2, 3, Subject. Before the Congo Treaty is ratified. Her Majesty's Government would wish to know whether Germany would appoint a Delegate to an Inter- national Commission, and whether she would support other important modifications .. ., The German Government have such strong objec- tions to the Treaty that they must decline to recognize it in any form Copy of above. The Treaty will be abandoned in consequence of the German opposition to it. Would Prince Bismarck support a proposal for an International Eiver Commission? .. Acknowledges preceding. Count Hatzfeldt will consult Prince Bismarck Prince Bismarck has suggested a Conference Copy of No. 5. What is nature of Prince Bismarck's overtures ? Explains nature of the overtures. The proposal for a Conference came from Portugal Interview with Count Munster, and exchange of views as to the Congo . . . . . . Baron Plessen has announced approaching invitation to a Conference Invitation to a Conference. Gives its proposed OclScS •• •• *• •• a« Accepts invitation in principle. Asks for information on the various points before doing so formally . . M. Waddington confirms statement that invitation was given upon a previous agreement between France and Germany Baron Plessen on probable reply to No. II, and Representatives at Conference. No use in a previous understanding Has expressed to German Government his views as to possible reasons for hesitation of Her Majesty's Government, and received favourable reply To inform Frencli Government of progress of nego- tiations here Sends French Yellow Book on the Congo, with summary of its chief points . . Conversation with M. Ferry, who is satisfied with our view, and expects good results Refers to No. 14. Explains our reasons for wanting information before giving " formal acceptance. Shows that such a request was according to pre- cedent, and authorizes conditionally further inquiries , .. _ .. Northei-n Powers will be invited Has explained to Mr. Ferry dates of our receipt of invitation . . . . , . German Government very anxious for our answer. Other Powers have accepted. . Has communicated No. 18. Reply promised. As to Representatives at the Conference . . Exchange of views with Count Munster, and ex- planation of our position . . , . Explains a remark in the above Reply to No. 1 1 . Gives explanations as to mean- ing of the three bases proposed in the invitation. . Announces our formal acceptance of the invitation. Reserves our rights on the Niger His appointment as Representative, with names of his assistants Acknowleilges No. 25 . . ' , , ' ' United States' Government have accepted invita- tion Replies to No. 18. Defends their ground'.* Explains* the diff'erent points The Conference is fixed for the 15th instant Page 3 4 4 4 5 5 5 7 9 9 10 11 12 12 13 13 13 14 14 15 15 15 16 16 17 Correspondence respecting the West African Conference. No. 1. Earl Granville to Lord Ampthill. % J^ord, _ Foreign Office, May 26, 1884. YOUR Excellency is a>vare that the Treaty witli Portugal respecting the West Coast of* Africa, which was signed on the 26th February last, has not yet been ratified, and that the election of a new Cortes is now necessary, before which the Treaty will have to be placed for ratification. The delay has given opportunity for ascer- taining,^ to some extent, the views of the provisions of the Treaty entertained by the various Powers interested in the Congo trade, and the result has been that the Portuguese Government are beginning to see that their opposition to the effort made by Her Majesty's Government to introduce a clause establishing an Internationl Com- mission on the river was injudicious ; they are now themselves suggesting that other Powers should be invited to appoint Delegates to serve on the Commission. Her Majesty's Government, having been always of opinion that the Commission . should, be international, and having assented to the provision that it should consist only of English and Portuguese Commissioners with reluctance, have welcomed this change of opinion, and have not hesitated to express the conviction that the admission of other Powers would be advisable. I am aware, from a communication made to me confidentially by Count Miinster, that the attention of Prince Bismarck has been drawn to the Treaty by the German Chambers of Commerce ; and I should wish your Excellency to speak to his Highness on the subject, and to inquire whether he would be prepared, if he should receive an invitation, to appoint a German Delegate. You will state that we should wish to learn his Highness' views before communicating with the other Powers whose interests are concerned. You will add that it is the intention of Her Majesty's Government to take advantage of the reopening of the negotiatiqns which would be entailed by raising the question of the extension of the composition of the Commission to obtain also an extension of its powers. It has been ascertained since the signature of the Treaty that merchants apprehend that the Portuguese local officers will be obstructive, and that it is considered that they cannot safely be intrusted with the framing and enforcement of the Customs Eegulations : this apprehension would be removed if the task were to be intnisted to the Commission, and an endeavour will be made to obtain the concession. Uneasiness has also been shown as to the consequences of the application of the Mozambique Tariff: Her Majesty's Government have met this by obtaining the assent of the Portuguese Government to an arrangement by which the duties on all articles, with the exception of tobacco, brandy, guns, and gunpowder, shall in no case exceed 10 per cent. oA valorem ; the amount of which the specific duties to be levied under the Mozambique Tariff are intended to be the equivalent, but which, owing to the great cheapness of some of the goods imported into the Congo, they in some cases probably exceed. Prince Bismarck will doubtless recognize that the amendment of the character and attributes of the Commission and the adjustment of the Tariff on a secure basis constitute important modifications, and Her Majesty's Government would be glad to learn whether they might count on the support of the German Government in their endeavour to place the general control of the trade of the river on an international footing on the basis of the provisions of the Treaty, modified in the direction which I have above indicated. I am, &c. (Signed) GRANVILLE. 1.670] B 2 No. 2. Prmce Bismarck to Count Miinster. — {Communicated to Earl Granville by Count Miinster, June .) (Translation.) Berlin, June 7, 1884. I HAVE the honour to forward to your Excellency herewith a copy of a despatch from Lord Grranville of the 2Gth ultimo, communicated to me by Lord Ampthill, on the subject of the Anglo-Portuguese Congo Treaty of the 26th February. I do not think the Treaty has any chance of being universally recognized even with the modifications which are therein proposed by Her Majesty's Government. _ Even the Portuguese Government itself seems, as I had the honour to inform your Excellency on the 20th ultimo, as a consequence of the communications it has received from other Powers, to have become convinced of the necessity of making the Congo question the subject of an international agreement, and has therefore put before certain Powers a suggestion for a Conference. If this suggestion is approved of by the Powers interested in the Congo trade, we should be ready and willing to name a German Plenipotentiary to take part in the proceedings. We are not, however, prepared to admit the possession of previous rights by any of the Powers who are interested in the Congo trade as a basis for the negotiations. In our eyes, Portugal has no stronger claim to the Lower Congo territories than any other Power which frequents them ; trade and commerce in those regions have hitherto been free to all alike withoiit restriction. His Majesty the Emperor feels it his duty to maintain this advantage for the good of German trade in the future, and, if possible, to strengthen it by an agreement between all the Powers interested. We are, therefore, not in a position to admit that the Portuguese or any other nation have a previous right there. We share the fear which, as Lord Granville admits, has been expressed by merchants of all nations, that the action of Portuguese officials would be prejudicial to trade, and precisely, for this reason, even should it become necessary to impose dues or taxes for the support of any arrangements tending to promote foreign trade, we cannot take part in any scheme for handing over the adminis- tration or even the direction of these arrangements to Portuguese officials. EA'en the provision for limiting the dues to a maximum of 10 per cent., the basis of the Mozambique Tariff, would not be a sufficient protection against the disadvan- tages which the commercial world rightly anticipates would ensue from an extension of the Portuguese colonial system over territories which have hitherto been free. The amount of ad valorem duties is always uncertain, for it depends on the price put upon the goods, and the way in which a control is exercised can always do more harm to commerce than high duties. .But even if the present unfavourable opinion enter- tained by the commercial world of the Portuguese colonial officials were exaggerated, there would still most certainly be no inducement for us to help to change the existing freedom and equality of trade in favour of Portugal and to the detriment of all other nations. And, moreover, the suggestion to fix the duties at 10 per cent, ad valorem becomes even less valuable if some of the chief articles of import, such as'tobacco, brandy, arms, and ammunition are to be taken out of this limitation. In the interests of German commerce, therefore, I cannot consent that a coast which is of such importance and has hitherto been free land should be subjected to the Portuguese colonial system. We are, however, quite ready and willing to co-operate in obtaining a mutual agreement by all the Powers interested in the question, so as to introduce in proper form into this African territory by the regulation of its commerce the principles of equality and community of interests which have long been successfully pursued in the far East. I have to request your Excellency to make a communication to Lord Granville in the above sense, and you are also authorized to communicate a copy of this note confidentially to his Lordship. (Signed) V. BISMAECK. No. 3. Earl Granville to Lord Ampthill. My Lord, Foreign Office, June 30, 1884. I INCLOSE copy of a note from Frince Bismarck dated the 7tli instant, commu- nicated to me by Count Miinster,* in which his Highness states his objections to the Anglo-Portuguese Treaty of the 26th February, expresses the conviction that it has no chance of being universally recognized, even should it be modified as suggested by Her Majesty's Government, and adds that he cannot consent that a coast of such importance and hitherto free territory should be subjected to the Portuguese colonial system. His Highness intimates that the German Government would be willing to enter a Conference, but would do so with the view of obtaining a general agreement for the regulation of the commerce of the Congo on principles of equality and community of interests. I have to request your Excellency to point out to his Highness that, but for the persistent opposition of the British Government, unsupported by any other Power, Portugal would in all probability have long since established herself in the Congo district. Great Britain refused the recognition of her sovereignty, and the object of the recent negotiations has been to give that recognition which, as Portugal claimed, was withheld by her alone, in return for substantial guarantees of freedom for the commerce of the world. Germany, in particular, was believed to have recognized the claiir.s of Portugal when, on the 27th December, 1870, the German Representative at Lisbon was instructed to appeal to the Portuguese Government to take the requisite steps for protecting neutral rights -.iolatcd by the capture of the German ship '•' Hero " by a French man-of-war in the territorial waters of the port of Banana. Her Majesty's Government would also point out that differential duties are expressly excluded by the Treaty, and that the principle of equality of trade is not in any manner violated by its provisions, as the Portuguese are ready to extend the same treatment to other nations which they have accorded to Great Britain. It is now, however, understood that the German Government refuse absolutely to recognize the sovereignty of Portugal, and that they would not be satisfied by any modification of the com- mercial provisions of the Treaty. Her Majesty's Government have observed with regret that the German Government object to any special treatment of the importation of brandy, arms, and ammunition, as provibions of the kind have been generally adopted in the African Tariffs of States possessing Colonies in that continent with a view to prevent the demoralization and mutual destruction of the native races, and it could easily be shown that, compared with most of these Tariffs, the provisions of the Mozam- bique Tariff are. in this respect not excessive. Her Majesty's Government, however, admit that it would be superfluous to discuss questions of detail considering the funda- mental character of the objections to the Treaty itself entertained by the German Government. These objections leave no hope that the assent of Germany to the Treaty will be obtained, and Her Majjesty's Government have consequently instructed Mr. Petre to inform the Portuguese Goveinment that it would be useless to proceed to its ratification. Whilst thus abandoning the Treaty they have, hoM-ever, pointed out to the Portu- guese Government that it would be open to the Governments of Great Britain and Portugal to propose an arrangement by which the arrangements relating to a Eiver Commission would be retained, an international character being given to them in accordance with the original proposals of Her Majestyls Government. The terms of Prince Bismarck's note lead Her Majesty's Government to hope that such a proposal would receive the support of the German Government, and it is their wish that you should intimate their readiness to enter into communication with them on the subject, and to ask for their co-operation. T am, &c. (Signed) GRANVILLE, No. 4. Lord Ampthill to Earl Granville. — {Received July 7.) My Lord, Berlin, July 4, 1884, YOUR Lordship's despatch of the 30th ultimo, inclosing copy of a note from Prince Bismarck to Count Miinster, dated the 7th June, on the subject of the Anglo, * No. 2, Portuguese Congo Treaty of the 26th February last, reached me to-day, and in the absence of the Chancellor, who is at Varzin, I called on the Minister for Foreign Affairs and communicated the substance of your Lordship's instruction to his Excellency. In thanking your Lordship for this communication, Count Hatzfeldt observed that he was not at present in a position to offer any remarks on your Lordship's proposal, by which the arrangements relating to the Congo River Commission would be retained and an international character given to them, but that he would forward your Lordship's communication to Prince Bismarck at Varzin, and would let me know his Highness' reply as soon as possible. 1 have, &c. (Signed) AMPTHILL. No. 5, Viscount Lyons to Earl Granville. — {Received July 1 7.) (Extract.) Paris, July 16, 1884. I HAYE the honour to report to your Lordship that I learned from M. Jules Ferry this afternoon that Prince Bismarck had suggested that a Conference should be held on the Congo question. E"o. 6. Earl Granville to Lord Ampthill. (Extract.) Foreign Office, July 19, 1884. I INCLOSE copy of a despatch from Lord Lyons,* as to a proposal of Prince Bismarck for a Conference on the Congo question ; M. Jules Ferry has not communicated to his Excellency the answer of the French Government to the proposal. Under these circumstances, it is desirable that Her Meijesty's Government should be accurately informed as to the nature of the overtures made by Prince Bismarck, and as to the replies received by him; and I have to request your Excellency to take such steps as may appear to you to be proper, with the view of obtaining this information with the least possible delay. No. 7. Lord Ampthill to Earl Granville. — [Received July 28.) My Lord, _ Berlin, July 25, 1884. WITH reference to your Lordship's despatch of the 19th instant, respecting the iiiforination received from Her Majesty's Ambassador at Paris, as to a proposal of Prince Bismarck for a Conference on the Congo question, I learn from the Minister for Foi-cign Affairs that the proposal did not come from the German but from the Portuguese Government, as stated by Prince Bismarck in his despatch of the 7th ultimo to the German Ambassador in London, inclos_ed to me in your Lordship's despatch of the 3()th ultimo. A similar communication to that made by Count Miinster to your Lordship was also made to th.e French Government without any additional overtures, and the French Government expressed, in reply, their general adherence to Prince Bismarck's communi- caiion. My French colleague, Baron de Conrcel, also tells me that the proposal for a Congo Conference originated with the Portuguese Government, and not with the German Government. It was said in Berlin to-day that M. Serpa had arrived, but neither Count Hatzfeldt nor Baron dc Oourcel had heard any confirmation of this report, Althougli I have no authority for saying so, my personal impression is that the Portuguese Government will fail to obtain the recognition by Germany of the » No. 5, sovereign rights of Portugal over the Lower Congo, and I am also inclined to think that the G-erman Government are about to enter into negotiations with the Brussels International African Association with a vie\v to promoting German interests on tlie Congo. I have, &c. (Signed) AMPTHILL. No. 8. Earl Granville to Lord Ampthill. (Extract.) Foreign Office, August 7, 1884. THE German Ambassador called, upon me this afternoon, and said he had instruc- tions to speak to me on the question of' the Congo. Prince Bismarck, he said, under- stood that our object was to obtain perfect freedom of commerce and navigation for all countries alike in any arrangement that might be made. The German Government were also prepared to negotiate upon that basis. The Chancellor thought that it would be a pity if by negotiating separately with Portugal the two Governments were to run the risk of losing some of the advantages which might be obtained by a full interchange of views. I told Count Miinster that Prince Bismarck had correctly understood the principle which we wished to follow, and that I should be happy to act in concert with Germany in the matter. i^o. 9. Earl Granville to Mr. 8cott. Sir, Foreign Office, October 7, 1884. .; THE German Charge d' Affaires informed me to-day, in the course of a conver- sation at the Foreign Office, that within the next few days an invitation, agreed upoTi between the German and Prench Governments, would be sent to Her Majesty's Government for a Conference to be opened at Berlin, if possible during the present month of October. Baron von Plessen added that the programme of deliberations would be : freedom of commerce in the Congo territory; application of the stipulations of the Vienna Congress as respects freedom of river navigation to the Congo and Niger ; and determination of the formalities under which new annexations on the coast of Africa are to be considered effective. I replied. that I would consult my colleagues on the subject and give him an early answer. I am, &c. (Signed) GEANVILLE. No. 10. Baron Plessen to Earl Granville. — {Received October 8.) Ambassade d'Allemagne, le 8 Octobre, 1884. LE Soussign^, Charge d'Affaires dAUemagne, a I'honneur, d'ordre de son Gouvernement, de porter k la connaissance ae son Excellence le Secretaire d'l5tat pour les Affaires Etrang^res de Sa Majeste Britannique ce qui suit. L'extension que le commerce de TAfnque Occidentale a prise depuis quelque temps a suggere aux Gouvernements dAUemagne et de France I'idee qu'il serait de I'interet commun des nations engag^es dans ce commerce de regler dans un esprit de bonne entente mutuelle les conditions qui pourraient en assurer le d^veloppement, et prdvenir des contestations et des malentendus. Pour atteindre ce but les Gouvernements d'Allemagne et de France sent d'avis qu'il serait desirable d'etablir un accord sur les principes suivants :— 1. Liberty du commerce dans le bassin et les embouchures du Congo. 2. Application au Congo et au Niger des principes adoptes par le Congres ^e Vienne en vne cle consacrer la liberty de la navigation sur plusieurs fleuves inter- nationaux, principes appliques plus tard au Danube. 3. Definition des formalites h observer pour que des occupations nouvelles sur les cotes d'Afrique soient consider^es comrae effectives. . A cet effet le Gouvernement d'Alleniagne, d'accord avec le Gouvernement de la Eepublique Francaise, propose que des representants des differentes Puissances interessees au commerce d'Afrique se reunissent en Conference a Berlin dans le courant de ce mois, si faire se pent, pour arriver a une entente sur les principes qui viennent d'etre enonces. Le SoLissigne, Charge d'Aflfaires d'Allemagne, d'ordre de son Gouvernement, a I'honueur de prier son Excellence le Comte Granville de vouloir bien lui faire savoir si Ic Gouvernement de Sa Majeste Britannique est dispose a participer a la Conference projetee. Le Soussigne se permet d'ajouter qu'une invitation semblable est simultane- ment adressee aux Gouvernements de Sa Majeste le Eoi des Beiges, de Sa Majeste le Eoi d'Espagne, de la Republique Frangaise, de leurs Majestes la "Reiue de Grande- Bretagne, du Eoi des Pays-Bas, du Eoi de Portugal, et au Gouvernement des Btats-Unis d'Amerique, et qu'afin d'assurer aux re'solutions de la Conference I'assentiment general, les Gouvernements d'Allemagne et de France ont I'intenlion de convier plus tard toutes les Grandes Puissances et les Btats Scandinaves a s'associer a ces deliberations. Le Soussigne, &c. (Signe) L. PLESSEE". (Translation.) German Embassy, October 8, 1884. '1 HE Undersigned, German ' Charge d'Affaires, has the honour, by order of his Government, to bring the following under the notice of his Excellency Her Britannic Majesty's Secretary of State for Foreign Affairs. The extension of commerce on the West Coast of Africa that has for some time past taken place Las suggested to the German and French Governments the idea that it would be to the common interest of the nations engaged m this commerce to draw up, in a spirit of mutual good-will, such conditions as would insure its development and prevent disputes and misunderstandings. To attain this object the Governments of Germany and France are of opinion that it would be desirable to establish an understanding on the following bases : — 1. Freedom of commerce in the basin and the mouths of the Congo. 2. The application to the Congo and IsTiger of the principles adopted by the Congress of Vienna with a view to preserve freedom of navigation on certain inter- national rivers, principles applied at a later date to the Eiver Danube. 3. A definition of formalities necessary to be observed so that new occupations on the African coasts shall be deemed effective. With this view the German Government, in concert with the Government of the French Eepublic, propose that the various Powers interested in African commerce shall meet at a Conference to be held at Berlin in the course of the month, if that is possible, in order to come to an understanding on the principles which are above put forward. The Undersigned, German Charge d'Affaires, by order of his Government, has the honour to ask his Excellency Lord Granville to be good enough to inform him if the Government of Her Britannic Majesty are willing to take part in the proposed Con- ference. The Undersigned begs to add that an identic invitation has been simultaneously addressed to the Governments of His Majesty the King of the Belgians, to His Majesty the King of Spain, to the French Eepublic, to their Majesties the Queen of Great Britain, the King of the Netherlands, the King of Portugal, and to the Government of the United States, and in order that the resolutions come to by the Conference should receive general consent, the Governments of Germany and France intend to invite later on the whole of the Great Powers and the Scandinavian States to participate in the deliberations. The Undersigned, &c. (Signed) L. PLES3EN. 7 Eo. 11. ^arl Granville to Baron Plessen. M. le Char|6 d'Affaires. Foreign Office, October 8, 1884. HER Majesty's Grovernment having already come to an understanding with the German Government, and being, as they believe, in complete accord with them upon the general principles of liberty of navigation and commerce in Africa, have lost no time in considering the invitation to a Conference upon these subjects which they have received from you to-day. They gladly welcome an opportunity for giving a general and formal sanction to those important principles and for discussing various details bearing upon the colonization and commerce of Africa. I have therefore to convey to you their acceptance, in principle, of the invitation of the German Government to a Conference, and their concurrence in the proposal that it should meet soon at Berlin. With a view, however, to maintaining as complete an understanding as possible between the two Governments, and to facilitating the work of the Conference, I should be glad, before sending a formal acceptance, to receive confidentially or otherwise some further explanations as to the points which are to be discussed. The expression "freedom of commerce" is. commonly used in so many different senses, varying from a mere absence of prohibition to trade up to a complete exemption from all duties and charges, that Her Majesty's Government assume that the German Government agree with them, that duties should be moderate in amount, and that there should be complete equality of treatment for all foreign traders. I observe also that your note proposes the establishment of freedom of commerce in the basin of the Congo, but only freedom of navigation in the River Niger, and I am therefore in some doubt as to whether it was intended to make a difference in the position of foreign traders in the two rivers. I need scarcely say that Her Majesty's Government would gladly see the fullest freedom both of navigation and commerce secured, not only for the Niger and Congo, but that they would also welcome the extension of the principle, as far as circumstances would permit, to other rivers in Africa. The Regulations of the Congress of Vienna in 1815 for the navigation of rivers referred exclusively to such as ran through the well-defined territories of civilized States, whereas the Regulations to be made for the navigation of the Congo and Niger will have to deal with rivers whose course lies through the imperfectly known tracts occupied by savagte tribes. The problem therefore to be solved is the application of the general principles of the Treaty of Vienna to the very different circumstances that preseiit themselves in Africa, aiid upon the solution of this difficiilty Her Majesty's Government would be glad to learn, as far as possible, the conclusions at which the German Govern- ment has arrived. Upon the still larger question of the principles upon which annexations of unoccupied territory should be founded, Her Majesty's Government would also be glad to be favoured with the views of the general principle on which the German Government propose to base the agreement. I need not assure you that it is with no desire to raise unnecessary difficulties or in anticipation of any difference of opinion that Her Majesty's Government seek for further information upon the above-mentioned points,- but as I have already said, the questions are asked only to facilitate the harmonious and speedy work of the Conference, Her Majesty's Government observe with satisfaction that the German Government propose to invite all the Powers who have commercial or territorial interests on the Western Coast of Africa. 1 hsrVc &c (Signed) ' GRANVILLE. [570] No. 12. Earl Granville to Sir J. Walsham. Si,.^ Foreign Office, Octoher 10, 1884. M. WADDINGTON called this afternoon to make a communication as to the West African Conference. His Excellency stated the objects of the Conference in the same terms as those employed in Baron von Plessen's note of the 8th instant, of which a copy is inclosed,* and said that he had come to confirm the statement that the invitations had been made upon a previous agreement between France and Germany. To an inquiry if the two Governments had arrived at any understanding as to the more precise meaning of the three bases for discussion, and also whether he knew upon what footing the Conference was to be composed, his Excellency replied that he was unable to give any information upon these points. I am, &c. (Signed) GEANVILLB. 1^0. 13. Earl Granville to Sir E. Malet. Sir, Foreign Office, October 11, 1884. BAROE" VOE" PLESSElSr called to-day to communicate the substance of the preliminary answer of the German Government to the request of Her Majesty's Govern- ment for some explanation of the terms used in the invitation to the West African Conference, copy of which was inclosed in my despatch to Mr. Scott of the 8th instant. He said that the reply would be to the effect that if the points in question could have been arranged by correspondence between the diflferent Governments there would be no use in having a Conference, and that, as the particular points upon which we asked explanations were to be cleared up by the discussions of the Conference, it would be unnecessary to try to arrive at any previous understanding. He said that the formal answer would arrive in a few days, and that his information as to its nature had been communicated to him in reply to a telegram which he had sent , on receipt of our answer. It was pointed out to him that Her Majesty's Government had not proposed, to come to an agreement respecting the points referred to, but had only asked for a definition of the terms used. He replied that he had understood our communication in this sense, and had so explained it to his Government. He added, in reply to an inquiry, that he did not know who would preside at the Conference, but that he supposed that its members would consist of the Representa- tives at Berlin of the Powers who had been invited. I am, &c. (Signed) . GRANVILLE. No. 14. Sir E. Malet to Earl Granville. — (Received October 13.) My Lord, Berlin, October 11, 1884. . WITH reference to your Lordship's despatch of the 8th instant, and to the reply which your Lordship had sent to the proposal of the German Government for a Conference to be held in Berlin on the subject of commerce and navigation on the "West Coast of Africa, I have the honour to inform your Lordship that Dr. Busch, Acting Minister for Foreign Affairs, informed me to-day that the Chancellor had returned an answer, through Baron de Plessen, to the effect that the points on which your Lordship desired further information were such as it was designed that the Conference should regulate, but that the solution would probably be in a sense favourable to the views of Her Majesty's Government. I said that I trusted that this answer would not place any impediment in the * No. 10. 3 0^; negotiation, that I could understand Her Majesty's Government to be unwilling to take part in a Conference where it was possible that some divergence might arise which would render it abortive. Dr. Busch replied that he thought that the nature of the Conference was such as to lead to decisions which must be in accordance w*ith the known liberal views of Her Majesty's Government. I observed to his Excellency that though I had not heard anything of the sort from your Lordship, I could imagine that there might be some apprehension that, as the st;heme of the Conference had been arranged between Germany and France, without our participation, so an agreement might have been come to, regarding details, between those two Powers, and that England might as it were be only asked in Conference to consent to a preconcerted arrangement. Dr. Busch assured me that no apprehension need be entertained on that ground, and said that the communications with France had only related to settling what points the Conference should be called on to discuss. I have, &c. (Signed) EDWARD B. MALET. No. 15. Earl Granville to discount Lyons. My Lord, Foreign Office, October 15, 1884. I HAVE to request your Excellency to inform M. Jules Ferry that Her Majesty's Government have received, through M. Wadflington, the communication respecting the meeting of a Conference on West African questions, the nature of which is recorded in fay despatch to Sir J. Walsham of the 10th instant. I should wish you to state that Her Majesty's Government had received two days previous to M. Waddington's communication the invitation in question from the German Government, made in behalf of itself and of the French Government, and they have made some observations on the subject in reply, but have expressed their approval, in principle, of the proposal, which they think may obviate many causes of unnecessary international friction. I am, &c. (Signed) GRANVILLE. No. 16. . Viscount Lyons to Earl Granville. — (Received October ib.) My Lord, Paris, October 15, 1884i. I HAVE the honour to send herewith to your Lordship five copies of a Yellow Book relative to the Congo and Western Africa, which was presented by the Erench Government to the Chambers on their reassembling yesterday. The first paper in it is a letter addressed on the 16th October, 18S2, by M. Duclerc, at that time French Minister for Eoreign Affairs-, to His Majesty the King of the Belgians, respecting the International African Association. The second is the answer of His Majesty. Several papers foUow (pp. 9 to 43) relative to communications between Erance and Portugal, from which it appears that at one moment the two Governments were on the point of appointing Commissioners to settle the limits of their respective possessions on the West Coast of Africa. Documents follow respecting the Anglo- Portuguese Treaty. In the last but one (No. 21, p. 51) M. Jules Ferry contradicts reports made to the Portuguese Government by their Charge d' Affaires at Paris of assurances stated to have been given hy M. Duclerc as to the adnaission by France of the sovereignty of Portugal over the territory to the south of 6° 12' latitude. No. 23, p. 55, is the Circular addressed on the 31st May last hy M. Jules Ferry to the French Representatives abroad respecting the engagement on the part of the International Society to give Erance the preference if it should alienate its territory in Afric^...,„ The Circular describes the engagement in the following terms : — " Oette correspondance constate I'accord conclu avec nous par 1' Association Intemationale, et aux te^mes duquel eette Sedate -s'engage a ne c6der ^^aucune r570] C 2 10 Puissance autre que la France les territoires et stations fond^s par elle au Consro et dans la Vallee du Nia,di-Quillou. Nous promettons en retour de respecter le^ sta,tip]j.s et territoires de I'Association et de ne pas mettre obstacle a I'exerGice de ses droits." No. 20 (p. 50) and Nos. 25, 26, 27rand 28 (p. 56 to the end) are the communications between the French and German Governments relative to the Conference on the questions relative to the Congo which has now been proposed by them to, Great Britain and other Powers. A note from Prince Bismarck to Baron de Courcel (No. 25, p. 56), dated the 13th September, lays down, perhaps somewhat vaguely, the principles with regard to which he desires that an agreement between Prance and Germany shall be recorded, and goes on to say: " Je prie votre Excellence de bien vouloir proposer au Gouverne- ment de la B^publique de constater I'identite de nos vues sur ces points, par voie d'un ^change de notes, et d'inviter les autres Cabinets interesses dans le commerce d'Afrique a se prononcer, dans une Conference a convoquer dans ce but, sur les stipulations convenues entre les deux Puissances." The French answer (No. 26, p. 59) describes the views of the French Government somewhat more definitely. With regard, for instance, to " liberty of commerce," it uses the following language : — "Par la liberty du commerce, nous entendons le libre acc^s pour tous les pavilions, I'interdiction de tout monopole ou traitement difi'erentiel ; mais nous admettons I'etabUssement de taxes qui pourront etre perQues comme compensation de d^penses utiles pour le commerce. " II est bien convenu qu'en poursuivant I'institution, dans le bassin du Congo, du regime de la liberty commerciale, et en se declarant pret a y contribuer pour sa part, le Gouvernement Fran9ais ne se propose pas d'etendre Tapplication de.ce regime a ses ^tablissements Coloniaux du Gabon, de la Guin^e, ou du Senegal." The answer concludes by saying that the identity of the views of the two Govern- ments being now established, M. Jules Ferry is ready to' come to an understanding - with Prince Bismarck in order that an invitation may be addressed to the other Cabinets interested in the trade of Africa, with a view to assembling a Conference to give a decision upon the rules admitted by common accord by France and Germany, " en vue de la reunion d'une Conference qui serait appeMe a se prononcer sur les regies admises de commun accord par la France et I'Allemagne." I have, &c. (Signed) LYONS. No. 17. Viscount Lyons to Earl Granville. — {Received October 17.) My Lord, Paris, October 15, 1884. ^: I HAD this afternoon some conversation with M. Jules Ferry on the subject of the Conference relative to the Congo which has been proposed by France and Germany. I mentioned to M. Ferry that the proposal had been made by the German Charg^ d' Affaires in London some days before it had been communicated by the French Ambassador. Tour Lordship had, I went on to say, asked the German Government for some explanations as to the exact meaning of the terms in which the points to be discussed were stated. I could, however, I added, say, in anticipation of the formal answer of Her Majesty's Government, that they agreed to the Conference and approved it, a;nd considered that it was calculated to prevent friction between the several Powers interested in the "West Coast of Africa. M. Ferry expressed his satisfaction with the view taken by Her Majesty's Govern- ment, and added that he f uUy shared their expectation that the Conference would tend to prevent friction between the Powers. Some conversation ensued on the subject of the preliminary communications which had led to the proposal of the Conference by France and Germany, but it did not add to the information on the subject contained in the Yellow Book of wticlti copies are transmitted to your Lordship with my previous despatch of ; to-day. i ha,ve, &c. (Signed) LYONS. 11 No. 18. Earl Granville to Sir E. Malet. ^^r» . Foreign Office, October 17, 1884. AS it appeared from your Excellency's despatch of the Uth instant that the German Government were indisposed to give the explanations requested by Her Majesty's Government before the meeting of the West African Conference, and as this- was confirmed by Baron von Plessen, I instructed you by telegraph to obtiain, if possible, a brief delay in forwarding the reply, in order to enable me to make certaiii observations. My object in so doing was to endeavour to gain sufficient time to remove the misconception which must apparently exist at Berlin as to the nature and object of our request. It is hardly necessary for me to repeat that a general agreement for the application to the West Coast of Africa of the principles of liberty of commerce and navigation would be welcomed in this country, as the realization of the hopes which have always been entertained here from the time when we first undertook the task of exerting our energies for the amelioration of the native races by suppressing the export of slaves ; but I, may refer to the fact that, so long ago as the 26th May, Her Majesty's Govern- ment invited an interchange of views with the German Government, and invited their support in the endeavour to place the general control of the navigation of the Conga on an international footing, this being the policy which they had consistently advocated it the negotiations with Portugal. The German Government can, it is thought, have now no doubt as to the acceptance by Her Majestj's Government of the general objects for which the Conference is summoned. But Her Majesty's Government had had no intimation that Germany and France proposed to issue invitations for a Conference. On the contrary, since Prince Bismarck on the 7th June informed them that he could not assent to the provisions of' the An^lb- Portuguese Treaty, his Highness, when he has referred to the idea of a Conference, has alwasys spoken of it as having emanated from Portugal. It was on the 7th instant only; that Baron von Plessen prepared Her Majesty's Government for the arrival of the invita-- tion, which he presented on the following day. On the same day on which the invita- tion was received Her Majesty's Government gave their adhesion in principle to the proposial. It might have been expected that the promptitude of this answer would have been cordially recognized, and that the request for explanations by which it was accom- panied would have been considered natural, and reasonable, and Her Majesty's Govern- ment have learnt with regret that a different impression appears to have been produced. So far is it from being unusual that explanations should be given to Powers^ invited to take part in a Conference that it has not unfrequently happened that it has been thought advisable to go further, and to invite a preliminary agreement both as to, matter and form. Your Excellency may remember the instance of the Conference on Eastern affairs, which it was proposed to hold in the year 1878, when Prince Bismarck suggested that a preliminary Conference should meet to arrange the matters to be considered by the Conference. Her Majesty's Government, in the present case, have not suggested such a preliminary agreement, but, though aware that the work of a Conference has often been successful in proportion to the amount of such agreement, have confined themselves to asking for information. It is understood to be intended that the Powers shall be represented in the Con- ference by their Eppresentatives at Berlin, and it is .obvious that the work of those members will be greatly facilitated if they are furnished by anticipation with full/instruc- tions as to the views of their respective Governments on the points to be discussed) ' Her Ma-jesty's Government, anxious tor a favourable result, would unquestionably wish to furnish the British Kepresentative with such instructions; but they cannot be given if no information is imparted beyond the communication of the general principle^ embodied in the three b?ises. The Conference might undoubtedly meet without such instructions being given to its members, but in that case reference would be necessary for guidance i upon the successive points, as they should be developed in discussion, and it would seem inevitable tliat delay should occur which it would be desiwhle to avoid. A further argument in support of the request of Her Majesty's Government may be drawn from .the fj^^ii that such explanations as these required by them appear, to some extent at least, to ha,ve Iw^ interchanged between the Governments of Germany and France. The corresp.ondgjn£sJi§!laEfifin«ErinceBismarc^^^ 12 been published since the invitation was sent to Her Majesty's Government, but which has not been officially communicated to them, shows that on certain points the line of discussion has been defined, while on others reservations have been made ; it may conse- quently be not improbable that the Representatives of those two countries may -be furnished with adequate instructions, while the British Representative may find himself at a disadvantage from which, considering the importance of the interests which he would represent, it would be desirable that he should be freed. I have to request your Excellency to speak in this sense to the Minister for Foreign Affairs, explaining clearly that all that Her Majesty's Government require is the knowledge of the views of the German Government as to how a problem is to be carried out to which they are entirely favourable. If your representations are received in the same spirit in which they are made, you should proceed to point out the following special points on which information is required. As regards the first basis, you will inquire whether it is proposed to discuss the status and proceedings of the International Association; or whether the discussions will be limited to that portion only of I he Congo which is navigable from the sea. As regards the second basis, you will ask whether it has been considered that, while it is desirable that the principles of freedom of commerce and navigation and of equal treatment of foreign traders should be fully applied both to the Congo and I^iger, the conditions of the two rivers are essentially different, as on the former the commerce of many nations is represented, and the natives are not protected by any European Power, while on the latter the trade is exclusively in British hands, and the tribes of the coast are under British protection. As regards the third, you will inquire whether, by the use of the words " occupations nouvelles," it is meant that the discussions shall be confined to the consideration of territories not under the protection of any European Powers at the time of the meeting of the Conference. I am anxious to know as soon as is possible, in order to avoid unnecessary delay, how the German Government propose that the different countries shall be represented at the Conference. You will, if requested, place a copy of this despatch in Count Hatzfeldt's hand. I am, &c. (Signed) GRANVILLE. No. 19. Earl Granville to Sir E. Malet. Sir, Foreign Office, October 18, 1884. BARON VON PLESSEN communicated to-day the information that it had been decided by the German and Erench Governments to extend the invitation to Italy, and to invite also Russia, Austria, Sweden and Denmark to join the Conference on the same footing as the Powers to whom the original invitation was sent. I am, &c. (Signed) GRANVILLE. No. 20. Viscount Lyons to Earl Granville. — (Received October 19.) My Lord, Paris, October 18, 1884. THIS afternoon I spoke to M. Jules Eerry of the invitations to a Conference on the aflfairs of the Congo, in the terms of your Lordship's telegram of yesterdav. I said that on the 10th instant M. Waddington had called at the Eoreign Ofl&ce in London, and after stating the objects of the Conference in the terms which had been already used by the C^^ermaii Charg^ d' Affaires, had said that he had come to confirm the statement that the invitations had been made upon a previous agreement between Prance and Germany. I added that, in fact, Her Majesty's Government had received two days previously an invitation to the Conference from the German Government made on behalf of Germany and France. I have, &c. (Signed) LYONS. 13 No. 21. Sir E. Malet to Earl Granville. — {Received October 19.) My I^ord, Berlin, October 18, 1884. I HAVE the honour to report that the Acting Minister for Foreign Affairs, ia the course of conversation to-day, informed me that the Imperial Government is very anxious to receive the communications promised by your Lordship with regard to the West African Conference ; and stated that all the other Powers, with the exception of the United States of America, had already accepted the invitation addressed to them by the Imperial Government, I have, &c. (Signed) EDWARD B. MALET. No. 22. Sir E. Malet to Earl Granville. — {Received October 1 9.) (Telegraphic.) Berlin, October 19, 1884. ON the receipt this morning of your Lordship's despatch of the 17th instant respecting the proposed West African Conference, I asked for an interview with the Acting Minister for Eareign Affairs, and read to his Excellency the first part of your Lordship's despatch above referred to. His Excellency having received the communication in the spirit in which it was made, I asked for information on the three points mentioned by your Lordship, and gave to his Excellency, at his request, a copy of the despatch. Dr. Busch informed me that he Avould not fail to communicate your Lordship's observations to the Chancellor, and give me an answer as soon as possible. With respect to the representation of the Powers at the Conference, his Excellency said that it was proposed that the Powers should be represented by their Diplomatic Representatives accredited at this Court ; and that, in reply to questions addressed to him by various foreign Governments, he .had said that it might be advisable that the several Representatives should be assisted by specialists, to whom they would refer for information and advice, but that these latter would have only a consultative quality, and not be given a vote in the Conference. No. 23. Earl Granville to Sir E. Malet. (Extract.) Foreign Office, October 19, 1884. COUNT MUNSTER, who returned to England last night, was good enough to visit me to-day. I told him that I was glad to see him and to be enabled to discuss with him in person any points which were being negotiated between the two Govern- ments. Count Miinster proceeded to say that he gathered from the communications from Berlin which he found at the Embassy, that Prince Bismarck was disa;ppointed at his not getting a decided assent to the invitation to the Conference, and had conceived the idea that we were purposely creating delay. I assured his Excellency that this was exactly contrary to the fact ; that we had no objection, that, on the contrary, we should be glad of an early meeting of the Conference, but that we had thought it necessary to clear up some points connected with the very general terms of the invitation ; in doing so we were only following the course which, for the last twenty-five years, has been often followed by Germany and Great Britain, and also by Austria and Russia, when invited to Conferences to ; which they did not object ; that we had a great desire to meet the wishes of Prince Bismarck, more especially on matters such as the present, in which we believed there was an agreement in the views of the two Governments ; but that we must claim the rio-ht of negotiating on terms of equality on all questions, and especially on colonial questions, as to which our interests were so great ; that I had certainly expected a different answer from those which I received, and I could not help pointing out that -sfhUe the German Government had at first declined to gite Ser-Majesty:'^" 14 Government any further explanations, they were addressing to us questions on the suhject of the Niger, which was to he one of the principal points mooted at the Conference, and on which I should be glad to give the fullest information if our communications were of a reciprocal character. I added that I could assure him that we had no object for delay, and no wish for it ; but that it was necessary for us to be able to show to Parliament that we had taken necessary and usual precautions before formally assenting to a proposal, even though we expected important and useful results to be derived from it. I mentioned that with regard to what we have done in the Niger, and about which Prince Bismarck has desired information, I might say to prevent the notion, which sometimes seems to have crossed Prince Bismarck, of our wish to anticipate his policy, that it was adopted by the Cabinet in November 1883, and that the delay in carrying it out arose exclusively from Departmental discus- sions as to details, and especially as to the best means of providing for the expenditure. I shall be happy to give a full Memorandum on the subject in exchange for the communications which I now hope we shall receive from the German Government. No. 24. Earl Granville to Sir H. Malet. Sir, , Foreign Office, October 20, 1884. WITH reference to that part of my despatch of yesterday, in which I alluded to inquiries from the German Government respecting our action on tha Niger, I have to observe that I had in my mind a question on the subject put by Baron von Plessen on the 18th instant. I have since learned that the question was not put officially, but was asked for his own private information. I am, &c. (Signed) GRANVILLE. • No. 25. Count Miinster to Earl Granville. — [Received October 22.) (Translation.) German Embassy, October 22, 1884. THE German Charg^ d' Affaires, Baron Plessen, communicated to his Govern- ment the note of the British Eoreign Minister of the 8th instant, on the subject of the proposed African Conference. The Undersigned, the Imperial German Ambassador, has the honour, in pur- suance of instructions, to submit the following answer to it. The Imperial Government noted with satisfaction from it that they are in accord with Her Majesty's Government on the general principle of freedom of navigation and commerce in Africa ; they consider that on these bases it will not be difficult to come to an understanding on the points put forward in the invitation of the 8th instant, and are of opinion that this object will be more quickly and surely obtained by personal discussion, by the Bepresentatives of all those iiiterested, than by a previous correspondence between some of them. However, they are all the same quite ready to anticipate the proceedings of the Conference so far, that they will explain, in answer to Lord Granville's questions, the views which they propose to represent in the Conference, so far as this is possible, without prejudice to the discussions of those who take part in the Conference. By freedom of commerce, the Imperial Government understands the assurance to be given to the merchants of all countries that no import and no transit dues, and only moderate imposts, solely intended to meet administrative needs, will be levied on their goods. The Government of the Undersigned share the wish of Earl Granville that it may be possible to secure the fullest 'freedom for navigation and commerce, not only for the Niger and the Congo, but also, so far as circumstances admit, to extend it to other rivers of Africa. The application of the general principles expressed in Articles CVIII to OXVI of the Vienna Congress will have to be adapted, as far as is compatible, to the local conditions and requirements, as is the case in the Navigation Regulations of the Elbe and the Danube. The task of the Conference will only be to 15 give expression to this in principle, while to later negotiations will have to be Iqft the formation of an international body, whose duty it will be to get rid of obstacles in the way of navigation, and to provide for the necessary police ordinances. Finally, as regards the formalities to be observed in future occupations, the Imperial Government will consider it their duty to insure that the principles unanimously laid down by the jurists and Judges of all lands, including England, shall be practically applied. The Undersigned, &c. (Signed) MUNSTER. No. 26. Earl Granville to Sir E. Malet. Sir, ^ ^ \Foreign Office, October 22, 1884. HER Majesty's Government have received the explanation of the German Govern- ment in reply to the inquiries made in the note to Baron Plessen of the 8th instant, of M'hich a copy was forwarded to your Excellency in my despatch of the 8th instant. Her Majesty's Government have much pleasure in recognizing that those explana- tions show, as they anticipated, that there is no reason to suppose that the two Governments will not be in accordance, and, under these circumstances, Her Majesty's Government have no hesitation in giving a formal acceptance of the invitation to the Conference. In so doing, however, Her Majesty's Government agree with that of Germany, that this is done without prejudice to the discussion between those who take part in the Conference, and they assume that the rights of this country in the Lower Niger, under agreements made with the native Chiefs, under which the latter have accepted the protection of Great Britain, will be respected — rights which will in no manner be inconsistent with the application of the principles of the Congress of Vienna to the river. I am, &c. (Signed) GRANVILLE. No. 27. Earl Granville to Sir E. Malet. Sir, Foreign Office, October 24, 1884. WITH reference to my despatch of the 22nd instant, in which I informed your Excellency of the formal acceptance by Her Majesty's Government of the invita- tion 1o the West African Conference, I have now the honour to convey to you the Queen's gracious approval of your appointment as Representative of Great Britain at the Conference. The following gentlemen have been appointed to be your assistants in the work of the Conference under such conditions as may be settled : — The Honourable Robert Meade, Assistant Under-Secretary of State at the Colonial Ofl&ce ; Mr. Percy Anderson, Senior Clerk of the African Department of this OflBce ; and Mr. Crowe, Commercial Attach^ for Europe. Instructions for your guidance will be sent as soon as possible. I am, &c. (Signed) GRANVILLE. No. 28. Earl Granville to Count MUnster. M. I'Ambassadeur, Foreign Office, October 25, 1884. I HAVE the honour to acknowledge the receipt of your Excellency's note of the 22nd instant, containing the reply of the German Government to the note which I had the honour to address to Baron Plessen on the 8th instant relative to the anproaching West African Conference. ^^ [5701 D 16 I have already had the honour to forward to your Excellency a copy of a despatch which I have addressed to Sir E. Malet, instructing him to notify to the German Government the formal acceptance of the invitation by Her Majesty's Government. I have, &c. (Signed) • GRANVILLE. No. 29. Sir E. Malet to Earl Granville.— {Received October 27.) My Lord, Berlin, October 19, 1884. I HAVE the honour to report that, in the course of conversation to-day, the Acting Minister for Eoreign Affairs informed me that he had received this morning the acceptance of the United States' Government to the invitation addressed to them by the Imperial Government to attend the proposed West African Conference. I have, &c. (Signed) EDWAED B. MALET. No. 30. Count MUnster to Earl Granville. — {Received November 3.) (Translation.) German Embassy, London, November 2, 1884. THE Undersigned, Imperial German Ambassador, &c., is instructed to reply as follows to the contents of the despatch addressed by Earl Granville on the 17th October to Her Majesty's Ambassador at Berlin, and communicated by the latter to the Imperial Government. Baron von Plessen had the honour to inform Mr. Lister of the grounds upon which the Government of His Majesty the Emperor considered it inopportune to enter before the Conference upon an exhaustive discussion of the matters to be treated at the meetings of that body. It is true that before the invitations to the Congress of 1878 were issued it was proposed, on the part of Germany, that the programme of the Congress should be more closely defined; but Lord Derby, who received the communication of the Undersigned to that effect, will remember that the proposal was not to attain that object by written correspondence, but by means of a preliminary Conference, which accordingly was done. Passing from this to the question of the instructions to be given to the Envoys, it is in the nature of things that the Government which invites other Governments to Conferences should clearly know how it intends that the points to be raised should be treated, and that, when two Governments have joined to issue such an invitation as in the present case, they must have had the matter with the utmost clearness before them, The Representatives of the Powers invited to a Conference, whether called together at the request of a single Government, or at the request of many, will always be placed in a position to refer back for instructions as to every proposal made to them, or as to those which may arise in the course of the proceedings. In the last Conference held in London the British Representative also had the advantage of being in a position not to require instructions, as well as of being in previous accord with the Government o£ the Erench Republic. The Imperial Government found no difficulty, notwithstanding this, in sending her Envoy to the London Conference, although the points discussed in that meeting were of greater political importance than those relating to VTest Africa. The note of the 22nd October, communicated by the Undersigned, already expressed the intention of the Imperial Government to see that the commerce of all nations should be treated on a similar footing, and meanwhile the Undersigned has also been in a position to reply to Lord Granville's question as to the status of the Representatives . As regards the first point of the programme, the Imperial Government is of opinion that, with respect to the wording, "dans le bassin et les embouchures," the Conference should not be bound to confine itself to the lower course of the Congo to the rapids, but take into consideration also the upper course of the river. But, on the other hand, the status and proceedings of the International African Association 17 does not come within the compass of its deliberations. The Imperial Government, however, holds that it is desirable in the interest of commerce and civilization that the Association should be recognized as an international legal entity (" Eechtssubjeot ") by the separate Powers, as has already been done by the United States of America. The Imperial Government considers that what the Association has achieved is a valuable basis upon which to carry out stiU further the work of civilization and the improvement of peaceful commerce under and in conjunction with the natives; a work begun under the auspices of the British Government for the abolition of the Slave Trade on the African coasts. _ With respect to the state of affairs on the Niger, the Government of the Under- signed expects that the discussions of the Conference will complete the information that is now forthcoming in respect of that river, and clear up the contradictions which it contains. Prom an apparently official statement in the "Times" of the 15th October, it may be presumed that it is not the English flag alone that is represented on the Niger. As to the means and the time when an English Protectorate over the tribes on the coast was established we have as yet no information. The German Govern- meiit thinks that Lord Granville, in case England should be able to establish her claims of possession to the mouth of the Niger, would not wish to deduce in his favour a right both exclusive and restrictive of free navigation on the whole course of the stream, and they come to this conclusion in consideration of the principles which the Government of Her Britannic Majesty successfully contended for in their negotiations with the United States iu reference to the mouths of the Oregon. In explanation of the third point, it is to be observed that the Imperial Govern- ment in their invitation, and in respect of the term "occupations nouvelles," understood such territories as were not at the time of the invitation to the Conference under the Protectorate of an European Power. The Undersigned, in conclusion, is instructed to ask for Lord Granville's promised declaration whether there is any obieotion to the publication of his note of the 8th October. The Undersigned, &c.- (Signed) MUNSTER. No. 3L Count Milnster to Earl Granville. — {Received Novemher'"6.) Londres, le 3 Novembre, 1884. LE Soussign4 Ambassadeur d'Allemagne, en se r^ferant a la note du Baron Plessen du 8 Octobre dernier, a I'honneur d'informer son Excellence le Comte Granville que, d'accord avec les Puissances int^ress^es, I'ouverture de la Conference pour les affaires de 1' Afrique Occidentale a ^t^ flx6 au 15 Novembre courant. En con- sequence, le Soussigne prie son Excellence de vouloir bien donner les ordres n^cessaires aux Representants de la Grande- Bretagne de se r^unir a Berlin au jour indiqu^ avec les Pienipotentiaires des autres Puissances. Le Soussign^, &c. (Signe) MUNSTER. (Translation.) London, November 3, 1884. THE Undersigned, Ambassador for Germany, referring to Baron Plessen's note of the 8th October last, has the honour to inform his Excellency Lord Granville that, by agreement among those Powers interested, the opening of the West African Conference has been fixed for the 15th November next. The Undersigned therefore begs his Excellency to be so good as to give the requisite instructions tD the Representatives of Great Britain to assemble at Berlin on the date above indicated to meet the Plenipotentiaries of the other Powers. The Undersigned, &c. (Signed) MtJNSTER. i g a g « a ? a Si 1-' a 00 s 00 Q 3 O o » m O a d o m 9 3 B S S "w Q o CD QD r AFEICA. No. 8 (1884). EimTHEE 0OEB.E8PONDEN0E BESPECTING THE WEST AFRICAN CONFERENCE. Presented to both Houses of Parliament by Command of Her Majesty. 1884. LONDON": FEINTED BY HAEEISON AND SONS. To be purchased, either directly or through any Bookseller, from any of the foUowing Agents, viz., Messrs. Hansahd, 13, Great Queen Street, W.C., and 32, Abingdon Street, Westminster ; Messrs. Eire and Spottiswoode, East Harding Street, Fleet Street, and Sale Office, House of Lords ; Messrs. Adam and Ohaeles Black, of Edinburgh ; Messrs. Alexander Thom, and Co. (Limited), or Messrs. Hodges, Figgis, and Co., of Dublm. [0,__4241.J Price Id. Further Correspondence respecting the West African Conference. No. 1. Barl Granville to Sir E. Malet. Sir, ^ ^ Foreign Office, November 7, 1884. I HAVE to invite your Excellency's attention to the following observations wliich will serve generally for your guidance in the approaching Conference on West African questions. /; As regards the broad principles for the consideration of which the Conference is summoned, your attitude is clearly defined. ■Objects so completely in accordance with the consistent policy of this country as the -freedom of commerce in the basin of the Congo, and of the navigation of the African rivers, should be warmly supported by you as Her Majesty's B/Cpresentative, I have, however, to direct your attention to the consideration that commercial interests should not, in the opinion of Hear Majesty's Government, be looked upon as exclusively the subject of deliberation ; wMle the opening of the Congo markets is to be desired the welfare of the nati^les should not be neglected ; to them it would be no benefit, but the reverse, if freedom of commerce, unchecked by reasonable control, should degenerate into licence. Her Majesty's Government trust that this wUl be borne in mind, and that such precau- tions will be adopted for the regulation of legitimate commerce as may tend to insure, as far as possible, that its introduction will confer the advantages of civiliza- tion on the natives, and extinguish such evils as thfe internal Slave Trade, by which their progress is at present retarded. The principle which will command the sympathy and support of Her Majesty's Government will be that of the advancement of legitimate Commerce, with security for the equality of treatinent of all nations, and for the well- -being of the native races. The first basis of discussion recorded in Baron von Plessen's note of the 8th ultimo is the freedom of commerce in the basia and mouths of the Congo.* Count Miinster has explained in his note of the 2nd instant, that the discussion, not being confined to the Lower Congo, will be extended to the Upper B,iver.t But the basin which the Congo traverses from its sources may be said to comprise a great part of Central Africa ; in its upper regions it is at present inaccessible to trade ; Consequently, while the principle of the freedom of commerce in the whole basin will probably meet with general assent, the practical deliberations of the Conference will, of necessity, be confined to that portion of its area into which European enterprise is already penetrating and which is being brought, directly or indirectly, under European influence. The basin of the Lower Biver is comparatively narrow, but when Stanley Pool is reached it expands to the north and south, and embraces a vast district which has many outlets to the sea by land and water. If the commerce in this basin is to be free to all countries, it is manifest that it must have free communication with the coast, not only by the stream of the Congo but also by aU other outlets. It would be desirable, therefore, that, in endeavouring to secure liberty. of commerce in the basin itself, care should be taken to secure the same liberty for the coast-Hne. "Without such a provision the stipulated freedora would be illusory as regards a large portion of the basin, and the object the Powers have in view would be imperfectly attained. The larger the e5Ltent of the coast- Line thrown open the greater would be the benefit to trade. Her Majesty's Government would be glad, therefore, to see the principle applied to the whole line between the limits of the Gaboon Colony and those of the Province of Angola. The next question to be considered is that of the meaning to be given to the term "liberte de commerce." In reply to the inquiry which I addressed to Baron von PJessen on the 8th instant, | his Excellency Count Miinster replied on the 22nd that the Imperial Government understands it to mean that merchants of all countries shall be assured that no import dues and no transit duties shall be levied, and that moderate imposts only shall be placed on their goods, solely intended to meet adninis- trative needs. As a general explanation, for which alone it was doubtless intended, * See " Africa No. 7 (18S4)," No. 10. f Ibid., No. 30. % Ibid., N'o. 11. r96l B 2 Her Majesty's Government consider this to be satisfactory; but the Conference, on careful examination of the question, will doubtless recognize the necessity of providing more in detail for the absolute equality of treatment of tbe subjects of all Powers as regards duties and taxes, residence, liberty to trade and travel, use of roads and railroads, coasting trade, and religious freedom ; to all of which points your Excel- lency's attention should be directed. In connection with the discussion of this basis the consideration will arise by what Powers the stipulated freedom of commerce is to be guaranteed. As Portugal, after having obtained the conditional assent of Great Britain to the recognition of her claims to the coast from Ambriz to the 5° 12' of south latitude, has hitherto failed to obtaia that of other Powers, the only districts within this vast territory at present in the occupation of European Powers are some spots on the coast north of the 5° 12', under the Protectorate of Erance and Portugal, and the Settlement of M. de Brazza on Stanley Pool ; but there are also the large tracts claimed by tJie Inter- ; national Association. The Powers, parties to the Conference, will consequently be able, to a limited extent only, to give and receive assurances as to existing possessions, and it is therefore presumed that it wUl be suggested that a general engagement shall be taken, to which it may be desirable that Powers not represented at the Conference should be invited to accede, that any Power now occupying or protecting, or hereafter occupying or protecting, directly or indirectly, any territory in the basin of the Congo, will extend to the subjects of all nations freedom of commerce, according to the definition agreed upon, on terms of equality with its own subjects ; in other words, that each Power shall undertake to share freely with all nations all advantages that it may gain for its own commerce and subjects. To an engage- ment of this description, which is consistent with British commercial policy, Her Majesty's Government would readily adhere. The second basis for discussion deals with the question of the application to the Congo and the Niger of the principles adopted by the Congress of Vienna with regard to liberty of navigation. Her Majesty's Government would wish that those principles might be applied not only to the Congo and the Niger, but also to the other rivers of Africa. Count Miinster, in his note of the 22nd instant, expressed the concurrence of the German Government in this wish. You are, therefore, authorized to join in discussing such an extension of the application of these principles not only to the other rivers of Western Africa, but also to the Zambesi, or even to make the proposal. The question for practical consideration will be, as far as Her Majesty's Govern- ment are concerned, not the acceptance of the general principles, to which they cordially assent, but the mode of their application. Count Miinster, in his note of the 22nd instant, referred to the Regulations for the Elbe and the Danube ; in the cases of those rivers, as in those of other European rivers to which the principles of the Congress have been applied, no great difficulty has been experienced in the adaptation of the principles to the varying conditions, as each river runs through the territories of well-defined States and the geographical position and peculiarities of navigation have been well known or easily ascertained; in the African rivers the difficulties will be undoubtedly greater, though probably not insuperable. The Congo in its lower course is a navigable river with one mouth comparatively easy of access; on its banks factories of various nations are established, and Her Majesty's Government have already convinced themselves that the navigation might be regulated by an International Commission, the creation of which they have repeatedly urged ; if, therefore, it is proposed to establish such a Commission on that river, you will be authorized to give their assent, subject to the examination and approval of its constitution. The position of the Niger is altogether different ; on that river the establishment of a Commission is believed to be impracticable. The river itself, in a "■reat part of its course, is very imperfectly explored, but it is known that it it divided geographically into three sections, the upper of which has no means of communication with the lower; the latter, when it approaches the sea, is split into a network of creeks little known and in many instances unsurveyed; the trade of the interior passes through the medium of coast tribes who act as middle-men and who, beinff keenly alive to their interests, are difiicult to manage and control ; the commerce owes its development almost exclusively to British enterprise : the trade is altogether in British hands ; and the most important tribes, who have for years been accustomed to look on the agents of this country as their protectors and counsellors, have now in consequence of their urgent and repeated appeals, been placed formally under the Protectorate of G-reat Britain. On this river, therefore, a diflference of application of the principles of the Congress of Vienna is imperative ; the coast-line and lower course of the river are sufficiently under British control for Her Majesty's Grovem- ment to be able to regulate the navigation, while binding themselves to the principle of free navigation by becoming parties to an International Declaration analogous to that contained in Article XV of the Treaty of Paris. If the Conference shall decide to extend the principles of the Congress of Vienna to other rivers, the question of the mode of application will, as in the case of the Congo and Niger, have to be considered separately after study of the individual conditions of each of those rivers as they may successively be discussed. The third basis relates to the definition of the formalities to be observed in order to render future occupations on the coasts of Africa effective ; this has been explained by Count Miinster to mean that assurances shall be given that in future the principles unanimously laid down by the jurists and Judges of all lands, including England, shall be practically applied. Her Majesty's Government have no hesitation in accepting the discussion of this basis. I am, &c. (Signed) GRANVILLE. In o .. o OD o a SJ O" n. O <>*. ■^ S3- t? b5 C6 O »* S >, |! 5 ^ ^ •^ S !» O O « B 00 Q M O IB tzt O » if* B O o B» B " S ►^ 00 B n> n w ^ -s M n QD .^. AFRICA. No. 2 (1885). CORKESPONDENOE WITH HER MAJESTY'S AMBASSADOR AT BERLIN KESPECTING WEST AFEICAN GONEERENCE. Presented to both Houses of Parliament by Command of Her Majesty. March 1885. LONDON: PRINTED BY HARRISON AND SOMS- To be purchased, either directly or through any Bookseller, from any of the following Agents, viz., ' Messrs. HausAed, 13, Great Queen Street, W.O , and 32, Abingdon Street, Westminster; Messrs. Eytse and Spottiswoode, East Harding Street, Fleet Street, and Sale Office, House of Lords ; Messrs. Adam and Chakles Bkack, of Edinburgh ; Messis. Ai-JsxANDEE Thom and Co. (Limited), or Messrs, Hodges, Figgis, and Co., of Dublin. [C— d<284.] Price lid. LIST OE PAPEES. 1. Sir E. Malet to Earl Granville 2. Sii- E. Malet to Earl Granville 3. Sir E. Malet to Earl Granville 4. Earl Granville to Sir E. Malet Paoe December 23, 1884 1 February 21, 1885 3 February 21, 5 February 25, -^ 7 Correspondence with Her Majesty's Ambassador at Berfin ^ respecting West African Conference. No. L Sir E. Malet to Earl Granville. — (Received December 25.) My Lord, Berlin, December 23, 1884. AS the Conference has been adjburned I have thought that it may be useful if 'I put on record a summary of the result of its labours up to the present time, and point out what questions still remain for consideration. The first basis laid down in the invitation was the freedom of commerce in the basin and mouths of the Congo. The delimitation of the territory to which the principle was to be applied farmed the first subject for deliberation. Your Lordship's instructions were that Her Majesty's Government would wish that the territory should include, besides the basin of the river, the whole coast-line between the Colony of Gaboon and the Province of Angola. This object, has been attained. The territory marked out comprises the geographical basin defined by a frontier .following the watershed of the afiliients, and an additional district which has been described as the maritime zone ; the latter includes the coast-line named by your Lordship and the territory which lies between that line and the basin. There is, however, one point yet to be settled, namely, the precise limit of the Gaboon frontier; the French Ambassador has accepted a line of latitude to be dra:wn from the Sette Camma! factories, but there is some difference of opinion as to the exact position of that Settlement; this question stands over for subsequent discussion. * On the proposal of the American Minister it was decided to extend the principle of freedom of commerce to that part of the continent lying between the Congo Basin and the Indian Ocean ; special reservation, however, was made of all existing sbvereign rights ; consequently, the Mozambique Colony, the territory of the Sultan of Zanzibar, and that of other independent States, cannot be affected by the Declaration without the assent of the Rulers. It is, however, proposed that the Powers should use their good offices With the territorial Powers on the coast to obtain favourable terms for transit into the interior. The advantage of the extension of the delimitation to the East may probably be principally appreciated in England in so much as it applies the principle of freedom of commerce, of religious worship, and of missionary and educational establishments, to Lake Nyassa and the adjoining districts, which are beyond the Mozambique frontier. I shoqld mention that at the meeting of the Conference of the 22nd instant, it was recorded that the Representatives understood that the reservations as to the rights of existing States in the eastern zone applied with equal force to any territory belonging to Zanzibar which might be included in the basin of the Congo ; this was intended to protect the Sultan's claims iii the direction of Lake Tanganyika. The Turkish Ambassador has stated that he is precluded by his instructions from accepting the extension of the Declaration to the eastern zone. It remains to. We seen what will be the result of .this abstention. . * The definition of liberty of commerce was the second subject of discussion. Your Lordship had instructed me that Her Majesty's Government accepted the understanding that no import nor transit dues should be levied, and that the impost?: should be moderate and solely intended for administrative needs, but my attention was called to the necessity of provisions for absolute equality of treatment as regards duties and taxes, residence, liberty to trade and travel, use of roads, railways, coasting trade, and religious freedom. 1 venture to hope that none of [169] B 2 these questions have been neglected; the coasting trade, which was not mentioned in the original proposals, is secured, and on the other points differential treatment is absolutely prohibited. Provisions are made for free exercise of all forms of religion, for the encouragement of religious, scientific, anc^ charitable institutions and enterprises, and it is stipulated that the administrating Powers shall watch carefully over the well-being of the natives. I observe that the stipulation which permits the revision after twenty years of the prohibition of import duties has been commented upbn in England. I would therefore remark that the Representatives and Delegates, including those specially representing commercial interests, were unanimously of opinion that it would be a mistake to lay down a rule that a partiqular fiscal system, by which import duties are prohibited and export duties permitted — a system in itself disapproved by many Powers and adopted solely with reference to the exceptional conditions of a barbarous country — should remain in force for all time in spite of the expected development and civilization of the country. Twenty years was not thought too short a term, and your Lordship will see that combined action on the part of the Powers will be necessary, when that term is reached, to effect an alteration. Your Lordship informed me that Her Majesty's Government considered that the engagements taken in the Conference should be binding on all the Powers represented, and that those not represented should be invited to accede. The Declaration, as formulated, practically binds ' the territory itself to which the engagements relate. No Power can occupy any part of it in future except under those engagements. Any Power, therefore, not represented in the Conference, if it acquires possessions in the territory, would have to respect the engagements entered into. I trust that this will meet your Lordship's views. The second baisis, that of the application to the Congo and Niger of the princi- ples adopted by the Congress of Vienna with regard to liberty of navigation, has been settled so far as its terms originally extended. Her Majesty's Government wished that the principles might be applied to the other rivers of Western Africa and to the Zambesi. The result has so far not been attained. The Portuguese Representatives met my proposal respecting the Zambesi with the objections that that river was not one of the subjects for discus- sion. They insisted on their objection, which was consequently fatal to the pro- posal. The objections of the French Government to discuss the rivers within French jurisdiction is not likely to be removed, and the extension of the basin is conse- quently improbable. Your Lordship instructed me that the questions of the Congo and Niger must be dealt with separately, and that the establishment of an International Cqmmis- sion on the latter river appeared to be impracticable. T had no difficulty in inducing the Conference to accept this view. An International Commission will regulate the free navigation of the Congo. As regards the Niger, England engages to apply the principles of free navigation on the lower river, while France engages for such portion of the upper river as may be under her control: As regards both rivers, it is stipulated that flags of all nations shall be free to navigate and to carry on coasting trade without differential treatment, and shall be entitled to free transit, no tolls or duties begin exacted, based on the sole fact of navigation, except such as may be necessary to provide for payment for ser- vices rendered to navigation. I trust that your Lordship will consider that, in assenting to these conditions, I have carried out the wish of Her Majesty's Govern- ment that the principles of the Congress of Vienna might be applied to the two rivers, while securing the difference of application rendered necessary by the difference of their position. The provisions in the Congo Act relating to the composition, attributes, and powers of the Internajibnal Commission were framed carefully after mature deliberation, and the suggestions which I have made from time to time, in compliance with ypur Lordship's instructions, have been in the main adopted. Of the supplementary questions which have been raised during the discussion's, the one that has been found most difficult is that of the application to the territory included in the freedom of commerce of a provision which should protect it ao-ainst the evils of warfare. " An important agreement has been arrived at as regards the navigation of the Congo and Niger, by the adoption of a provision that on both rivers ships and goods, except contraband of war, under all flags, neutral or belligerent, shall be free in time of war; and in respect to the former river, that the property and per- spnnel of the International Commission shall be respected ; but no means has as yet been found of recoqcijing the divergence of views on the larger question as to the "conventional" basin of the Congo, which will consequently be further con- sidered. The question of the abuses feared from the introduction of spirituous, liquors bas been exhaustively discussed and disposed of. On this subject, also^ there was much difference of opinion. What passed respecting it has been fully detailed in ray previous despatches. The expediency of a general Declaration to the effect that the Slave Trade, and the commerce which furnishes slaves for that trade, are forbidden, as being contrary to the law of nations, and that all nations should do their utmost to suppress theip, was urged by me at the meeting of the ISth ; it Was discussed at the meeting of the 22nd, and its further consideration adjourned. The question brought forward on several occasions by Mr. Sanford, one of the American Representatives, of the concession of a monopoly to the State holding the territory adjoining the rapids of the Lower Congo to continue to the sea any rail- way constructed by it to avoid the rapids, has met with serious opposition, and is still unsettled. A proposal made by the German Representatives to include the " conventional^" basin. of the Congo, as soon as circumstances permit, in the Postal Union, has been adopted. /, . The third basis has not yet been touched. \ , Your Lordship will see from the above resume, that while the principal points for the discussion of which the Conference was summoned have been more or less disposed of, there is much important work to be done before the conclusion of its labours. (Signed) ' EDWARD B. MALET. No. 2. Sir E. Malet to Earl Granville. — {Received February 23.) My Lord, Berlin, February 2], 1S8.5. IN my despatch of the 23rd December I gave a summary of the proceedings of the Conference up to the date of the adjournment for Christmas. 1 now propose to complete t)ie record by giving a summary of the work that has beein done since the Representatives and Delegates reassembled. The first and second bases had been fully discussed, and in the main settled, before the adjournment ; the third was untouched. , , The question for consideration with which the latter dealt was the natui'e of the formalities to be observed in order to render future occupations on the coast of Africa effective. My instructions were that, as the German Governtnent had explained that all that would be required would be the practical application of the principles unanimously laid down by the jurists and Judges of all lands, including England, I was authorized to accept the discussion on that basis. ^ / When the Project of Declaration was laid on the table it was apparent that it involved new [Drinciples of international law. There could be no objection to the provisions con- tained in% that a Power undertaking a Sovereignty or Protectorate should notify the fact to the other Signatory Powers, but the treatment of Sovereignties and Protectorates as enforcing identic obligations was novel, and required consideration. It devolved upon me, after receiving special instructions from your Lordship, to contend that it would be an inconvenient precedent to confound the two systems. I explained that^, Great Britain had no wish to avoid respoasibiUty, and that it was her interest that j^ovrers assuming the control of territories in Central Africa should undertake the obH"^tions resulting from it, but that it vras essential for her, considering the extent of her Colonial Empire, to weigh words, and have a clear perception of their meaning; that she could not admit the identity of Sovereignties and Protectorates ; nor could she admit I that the equal treatment of the two was consistent with the understanding that the Con- ference was only to apply acknowledged principles of international law. To the argument that it was intended to limit the application of the Declaration to the African coasts, I replied that Great Britain could not accept a principle as applicable to one portion of her [169] ^ ,,;. ^^ ■4 dominions which she rejected as regards other portions. In the discussions which fpllowed, the practical importance of my contention became evident to all the Representatives, and the result was a unanimous decision that no mention Should be made of the obligations of Protectorates. The effect of this decision is that no attempt is made by the Conference to interfere with existing maxims of international law ; dangerous definitions have been avoided, and international duties on the African coasts remain such as thpy have been hitherto understood ; the only stipulated requirement, that of notification, being rather an act of courtesy than a rule of law. As the idea accepted by Her Majesty's Government was that of 'the application of existing principles to African occupations I trust that the settlement of the third basis will be approved. I adverted, in ray despatch of the 23rd September, to the fact that there were certain points reserved for discussion. One of these was the delimitation of the spot spoken of as Sette Camma, fixed as. the northern limit, on the coast, of the free commercial zone. The French Ambassador, whose attitude on the point was eminently concililitory, expressed his preference for a line of latitude, which he asked me to name. Having ascertained that the position of the British and German factories is at 2° 32' of south latitude, I suggested the adoption of 2° 30' as the frontier. His Excellency accepted this suggestion, which was approved by Her Majesty's Government. By the arrangement the factories reap the benefit of being included in the territory to which the freedom of commerce is applied. Finding that certain commercial bodies, including the Manchester Chamber of Commerce, still retained the apprehension that diiferential treatment might be introduced at the end of twenty years, and feeling that it was hnportant that these apprehensions should be allayed, T brought the subject pointedly before the Conference. The, assurances given, in which the French Ambassador emphatically joined, that equality of treatment in. the free zone is for all time, cannot fail to set this question at rest. The Declaration respecting the Slave Trade, which has hern adopted at the invitation of Her Majesty's Government, binds the Powers exercising influence in the conventional basin of the Congo to suppress slave-gangs and slave-markets. I am aware that Her Majesty's Government would have been glad if the opportunity could have been utilized to obtain more extended general powers of dealing with persons of any nations engaged in slave-dealing; the Conference, however, was disposed to think that it was hardly com- petent to deal with a question of this magnitude, but it had no difiiculty in acoe[)ting a Declaration tending to suppress the evil which is the curse of the continent with whose future it was specially concerned. The question of railway monopoly, to which I referred in my previous despatch as having been brought forvvard by Mr. Sanford, has not been pressed. It is understood that it will form the subject of separate negotiation between the territorial Powers. Some difficulty was experienced in giving effect to the general wish that the territories enjoying the benefit of the free regime should be exempted from the evils of war. 'ilie main, obstacle was the fact that portions of these territories would belong to States, who might be belligerents, having other territories outside the zone, and that it would not be easy to secure the absolute neutrality of given portions of the territories of a belligerent Power. Her Majesty's Government were anxious to extend the benefits of neutrality as widely as should be found practicable, but they felt it to be absolutely necessary to insist on such provisions as should secure that, if parts of the territories of a belligerent were to be respected as enjoying immunity from hostilities, they should in no sense and in no degree be capable of serving as a base of operations for the forces of such belligerent. France and Portugal, while admitting that it was natural that such provisions should be demanded, felt that it would be inconsistent with sovereign rights to accept them ; it was impos.sible to reconcile the contending views, and consequently all that has been accepted is a declaration that the Signatory Powers will use their good offices, in case of a war in which one or more of the "belligerents should hold territory in the free basin, to obtain a neutralization of such territory during the war by special arrangement ; under these conditions Great Brittfin, if she should be at war, could consent to the neutrality of belligerent territory in the free zone, but would be empowered to make her own terms by Convention. The result of the provision is that opportunity is given to provide for special neutralization, but that the rights of the Sovereign State and freedom of the belliiiei'ent Power are fully reserved. The freedom of the merchant flag of the belligerent on the Congo and JSiger had, as your Lordship is aware, been already secured. As regards States whose entire territories are in the free zone, such as the newly- formed free States of the Congo, the Signatoiy Powers specially engage to respect their neutrality if they declare themselves neutral States. This' engagement does not involve a guarantee, but it entails a moral obligation. A further engagement has been taken, providing that in case of difficulties arising respecting territory in the free zone, or within that zone, the first resort shall be to mediation. I have to observe that the Sultan of Zanzibar, Jf he think fit to place his territory under this free regime, will have the full benefit of these stipulations, which, it may probably be thought, go as far as it would be safe to go, considering the general opinion that anything in the nature of a guarantee could not, in such vast and partly inaccessible regions, be prudently undertaken by the Signatory Powers. In conclusion, I have to express my regret that on one point I have not succeeded in obtaining a concession which Her Majesty's Government desired. Portugal declined to .accept the extension to the Zambesi of the provisions for freedom of navigation, and France was equally unwilling to permit their application to the rivers in her existing Colonies ; the provisions are consequently confined to the Congo and Niger and their aflSuents, and to rivers within the free basin. As, however, a general wish that they may/ be further extended has been expressed, and as Portugal in refusing her, assent distinctly stated that the navigation of the Zambesi and its afiluents is at present li-ee, it may be hoped that equality of treatment of the flags of all nations on the African rivers may become in future an accepted principle. I have, &c. (Signed) EDWARD B. MALET. No. 3. Sir 6. Malet to Earl Qranville. — {Received February 23.) " My Lord, Berlin, February 21, 1885. AS the Conference has practically concluded its labours, I venture to make the following observations upon the work connected with it. I speak of the work with which it was connected rather than that with which it was occupied, as it is my wish to refer not only to what has taken place at the formal meetings of the Representatives and Delegates, but also to the important questions which have been discussed and decided outside the Conference, without the settlement of which the labour would have been incomplete. Of the general results I think that one of the most considerable will be found to have been the education of the public opinion of Europe as to Central African questions. When the Conference assembled there was mucli confusion of thought, leading to distrust among the different nations as to territorial and commercial rivalries ; but there was imperfect knowledge of facts, and a danger of friction lay in that ignorance. Study of the past and temperate discussion of the future have had a marked effect in allaying in most quarters mutual suspicions, and if distrust has not been altogether removed it can hardly fail to be so sooner or later by the general understanding which has been arrived at on questions hitherto subjected to independent and more or less irresponsible treatment. It is now an accepted historical fact that during the greater part of the present, century two Powers only, Epgland and Portugal, have been established on the Gulf of Guinea and the coast between that Gulf and the Cape of Good Hope ; and that while the latter Power has been occupying itself with the administration of its ancient Province of Angola, the former has been developing Colonies and exercising Protectorates on the Gold Coast and at the Cape, has been exploring the Niger and its affluents, and opening the markets of that region to its commerce. It is further accepted that England, by her successful efforts to stop the export of slaves beyond the seas, has been the chief benefactress of the natives, and that it is owing to her opposition to the unconditional occupation of the mouths of the Congo by Portugal that the control of the two rivers whose system drains the Central African region is not at present in the hands of one and the same Power. It is also, I think, understood that when the rush for West Africa following on the discoveries of Stanley necessitated the establishment of settled govern- ment in the Congo districts, it was not unnatural that, in the first instance, the two principal territorial Powers (there being at the time of those discoveries no territory under the control of any other Power, except the small French Settlement at Gaboon) should endeavour to effect an arrangement in the interests of all. Whatever may have been the impression as to the merits of the Anglo-Portiiguese Treaty, the reason of the negotiations which led to it is no longer misunderstood by students of the West African question. The revulsion of opinion on this subject is strikingly illustrated by the fact that whereas a few months since the German Government absolutely refused to recognize the sovereignty of Portugal; on the Congo, maintaining that she had no stronger claim to the territories on that river than any other Power -which frequented them, Germany has now, in conjunction with Great Britain and France, recognized her claim to the southern bank of the river up to the very point which was fixed by the English Treaty ; it cannot be doubted that this change -has resulted ironi the closer examination of facts to which the Conference has led. While misunderstandings have been dispelled as regards the past a settlement has been obtained which should ■ dispose, for the present at least, of territorial rivalries. Portugal extends her sovereignty to the southern bank of the Congo ; France advances the coast-line of her Gaboon Colony to the Chiloango, where she meets the frontier of a strip of territory reserved to Portugal on the coast north of the Congo ; while the latter Power, recognizing that the International Association, the value of whose efforts in the cause of civilization is universally appreciated, is deprived by the French advance of its access to the sea by the Quilloo Valley, withdraws in its favour all claim to the north bank of the Congo and to a certain portion of the adjoining coast-line. By this distribution the whole available coast is absorbed, while provision has been at the same time made for the prevention of frontier disputes in the interior. ^ England has had no share in this distribution of territory, having confined herself to lending her aid to promote an amicable settlement betwpen the parties interested. She entered the Conference as mistress of almost the entire coast-line fi'om the western limit of her Gold Coast Colony to the Cameroons, and she bad no desire to increase her respon- sibilities ; ' she was indeed well pleased to see that other Powers were ready to undertake the charge of protecting the natives of the continent, and preventing the anarchy and lawlessness which must have resulted from the influx of traders oi all nations into countries ; under no recognized form of government. I But, though claiming no territory on the Congo, she had aevertheless important interests at stake. It was essential for her to secure that her commerce should not be at a disadvaritage in the large field which enterprise is opening up. In her Colonies and Protectorates she has no concessions to make, for in them the British trader has no advantages over his foreign rivals; her only object, therefore, w?s to secure that other markets shall be as free as her own. That the Congo markets shall be free has been unanimously declared by the parties to the Conference. Freedom of navigation is secured, and the International Commission established. In the whole basin of the river merchants have the freedom of competition, the security of fair rivalry, the guarantees against differential treatment which alone the British trader requires when he enters a fresh market. It is not for me to offer an opinion as to whether the sanguine expectations entertained in some quarters as to the value of the marl^ets of the Congo Basin are likely to be at once realized, or whether merchants will have to await the slower process of gradual development ; but in either contingency British trade has a fair start. ^ The Declaration as to freedom of eommerce has been carefully framed ; it has been anxiously scrutinized by the keenest critics, those interested in the, benefits of it, and I have seen yviti: satisfaction that, since the apprehension which was entertained that, under an interpretation of a certain clause, differential treatment might be possible at the end of twenty years, has been dissipated by the emphatic expression of opinion to the contrary which I drew from the Conference, no doubt seems to have been expressed that, as far as words can go, the document gives ample satisfaction. ' The objection has been raised in some quarters that, whilst the interests of commerce ■ have been carefully studied, those of the natives have not received sufficient consideration, and the fear has been expressed that the welfare of the blacks may have been subordinated to the commercial wants of the whites. I venture to say that, if this objection is sound the work of the Conference has not fulfilled its intentions. But to meet it I would point to the Slave Trade Declaration. If the present condition of the negro of the Congo were that of undisturbed idleness, and if that condition were his highest happiness, it mi<'ht be contended that he might not benefit by contact with civilization ; but the inhabitants of the districts of the Congo Basin can calculate on no such easy existence; hangino- over their lives is the constant terror of the slave-gang, with all its attendant horrors.* The approach of civilizing Powers brings to them safety, for the slave-gang is doomed; the Powers have bound themselves to suppress the internal Slave i rade by every means which may be at their command ; the slave-dealer's trade will be in the Congo regions at, it may be hoped, no distant date as effectually extinguished on land as it has been°on the sea. The Powers have further, by their Neutrality Declaration, engaged to endeavour to preserve these regions from the evils of war. If consideratiotis of material interests and economic motives have prevented the approval of measures for the prevention of the introduction of spirits, a step has been taken in that direction by the expression of a general wish in favonrof the control of the traffic. I think that in these considerations will be found an answer to the fear that the Con- ference has neglected humanitarian considerations. It is, indeed, impossible to have watched its proceedings from day to day without being impressed with the fact that such considerations have occupied a prominent place in the discussions. Without exaggerating the importance of the work that is now concluded, I think I should be justified in saying that its results can hardly fail to be considerable. All the Powers of Europe and the United States of America, many Powers being included who are wedded to protective commercial systems, have met and pronounced themselves, by solemn engagements, in favour of absolute commercial freedom in vast territories hitherto closed in great part to the outer world. This; general adoption of liberal commercial principles must, from the point of view of Great Britain, be an advance in the right directJOB. But I would also advert to the general benefit derived from an interchange of views between the Powers on economic, administrative, and humanitarian questions, which can hardly fail to have an enduring result. The beneficial effect of free discussion on these points has been unmistakable. As an instance, I would specify the debates on the third basis, at the commencement of which England stood alone in her refusal to treat all occupations, whatever might be their character, as entailing the same obligations ; it waL gradually understood that her objection that there was an essential distinction between the obligation of a Sovereign and of a Protecting Power was based on the exceptional experience which she has derived from her large Colonial Empire ; her advice prevailed ; and the Powers were eventually unanimous in admitting the validity of her contention. The knowledge gained on this head, as on others, must tend in future, to harmony of treatment of subjects on which there has hitherto been divergence. I trust that England at least, who, while endeavouring to show the same spirit of conciliation which has been remarkable on the part of all the Powers, did not yield any point which she considered to be essential, will have, no reason to be dissatisfied with the substantial results that have been obtained from a meeting of Powers in which no result at all could have been recorded if dissent on the part Of one had prevented the possibility of unanimous agreement. T Tiftvp oCP (Signed) ' EDWARD B. MALBT. Earl Granville to Sir E. Malet. Sir, Foreign Office, February 25, 1885. I HAVE received with much satisfaction, and laid before the Queen, your despatches of the 21st instant, containing summaries of the work done and the results obtained at the West African Conference which will concluc(e its labours by the signature of a Final Act on the 26th instant. Her Majesty cannot doubt that the conclusions thus arrived at will lead to the permanent advantage of Africa, and she trusts that, while fresh markets will be opened to the unrestricted commerce of all nations, the blessings of Christianity and civilization will be brought nearer to the people of that continent. Much of the success of this Conference is due to the conciliatory disposition shown by His Serene Highness the President and by the Representatives of the Powers who attended it ; and Her Majesty is glad to acknowledge that the development of her views before the Conference is owing to the tact and ability with which your Excellency and the Delegates; specially appointed as your advisers have carried out the instructions with which you we're furnished, and 1 have much pleasure in conveying to your Excellency and to them the thanks of Her Majesty for the services you have rendered. I am, &c. (Signed) GRANVILLE. 5! B O SO a S > -^ .S! O 3 «5- ^ 2^ c c g. so * 03 H a M 2, Tf !3^ a O 5- ^ ' ■ . h w S-- , '^1 !2! c* >^ p *9 03 t>s 5. sS. CT (0 O ffl- 00 § > cm S?s a CD J3 3 g" i S ?; 7 AFRICA. No. 3 (1885). FUETHEE CORRESPONDENCE RKSFECTING THE WEST AFRICAN CONFERENCE. Presented to both Houses of Parliament by Command of Her Majesty. March 1885. LONDON: FEINTED BY HAERISON AND SOJSS. To be purchased, either dkectly or through any Bookseller, from any of the following Agents, viz., Messrs. Hansard, 13, Great Queen Street, W.O , and 32, Abingdon Street, Westminster; Messrs. Eyre and Spottiswoode, East Harding Street, Fleet Street, and Sale OfSce, House of Lords ; Messrs. Adam and Chaklbs Black, of Edinburgh ; Messrs. Axexandek Thom and Co. (Limited), or Messrs. Hcdges, Figgis, and Co., of Dublin. [0. — 4360.] Price Id. TABLE OF CONTENTS. No. Name. Date. Subject. Page 1 Sir E. Malet Nov. 6, 1884 West African Conference. Prince Bismarck to preside at first, and Count Hatzfeldt at subse- quent sittings. Dr. Busoh and Herr von Kusserow to assist Count Hatzfeldt .. 1 2 »» >* 8, His appointment as Representative of the United Kinofdom in the ConfereucB, and the nomination of Messrs. Meade, Anderson, and Crowe to assist him. Copy of note to Count Hatzfeldt an- nouncing . 1 3 To Sir E. Malet . . 12, Slave Trade and the importation of spirituous liquors. Calls attention to, in the hope that an opportunity may be found during the Conference of placing them on a satisfactory footing 2 4 Sir E. Malet 13. Formal acceptance of the invitation to Conference by Her Majesty's Government, with reserves as to discussion and the rights of Great Britain in the Lower Niger. Copy of note to Count Hatzfeldt 2 5 1, » 15, First meeting of Conference. Proceedings. In- closes copy of his speech 3 6 To Sir E. Malet . . 18, Formal acceptance by Her Majesty's Government of invitation to Conference. Approves his note to Count Hatzfeldt inclosed in No. 4 . . 3 .7 » » • • Dec. 31, Work of Conference to date of adjournment on the 22nd December. Reply to No. 1, " Africa No. 2 (1885)." Approval of conduct of negotiations, and satisfaction at results accomplished 8 Further Correspondence respecting the West African Conference. No. 1. Sir E. Malet to Earl Granville. — {Received November 8.) My Lord, Berlin, November 6, 1884. I HAVE tlie honour to inform your Lordship that it is at present intended that Prince Bismarck should preside at the opening sitting of the West African Conference, the duties of President at subsequent sittings devolving on Count Hatzfeldt, Secretary of State for Foreign Affairs. His Excellency will be assisted by Dr. Busch, Under-Secretary of State for Poreign Affairs, and Herr von Kusserow, Counsellor of Legation. I have, &c. (Signed) EDWARD B. MALET. No. 2. Sir E. Malet to Earl Granville, — (Received November 10.) My Lord, Berlin, November 8, 1884. I ADDRESSED a note this morniug to Count de Hatzfeldt, copy of which I have the honour to inclose, informing his Excellency of my appointment as Repre- sentative of the United Kingdom in the West African Conference, and communi- cating at the same time the names of the gentlemen selected to assist me. I have, &c. (Signed) EDWARD B. MALET. Inclosure in No. 2. Sir E. Malet to Count Hatzfeldt. M. le Secretaire d'!fitat, Berlin, November 8, 1884. WITH reference to the note which I had the honour to address to your Excellency on the 4th instant, I have now, in obedience to instructions which I have received from Earl Granville, the honour to state that Her Majesty the Queen, my gracious Sovereign, has been pleased to approve of my appointment as the Representative of the United Kingdom at the West African Conference which is shortly to meet in Berlin. The following gentlemen have been appointed to be my assistants in the work of the Conference under such conditions as may be settled : — The Honourable Robert Meade, Assistant Under-Secretary of State at the Colonial Office ; Mr. Percy Anderson, Head of the African Department at the Poreign Office^ and Mr. Crowe, Commercial Attach^ for Europe. I avaU, &c. (Signed) EDWARD B. MALET. [91] B 2 No. 3. Earl Granville to Sir E. Malet. Sir, Foreign Office, November 12, 1884. THERE are two points to which allusion was made in the second para- graph of my despatch of the 7th instant,* to which I would again call .your Excellency's attention in the hope that an opportunity may be found during the session of the Conference of placing them on a satisfactory footing. I refer to the Slave Trade and the importation of spirituous liquors, on both of which there is a strong feeling in this country. The evils which they both cause to the native races of Africa are so well known that it is unnecessary for me to enter more fully into them, and Her Majesty's Government cannot doubt that their desire to devise some effectual means for minimizing these evils will be shared by the Powers who take part in the Conference. I am, &c. (Signed) GRANVILLE. No. 4 Sir E. Malet to Earl Granville.— {Received November 17.) My Lord, Berlin, November 13, 1884. ON the receipt of your Lordship's despatch of the 22nd ultimo,t I addressed a note to Count de Hatzfeldt, copy of which I have the honour to inclose, informing his Excellency that Her Majesty's Government, having received the explanations of the Imperial Government, have no hesitation in giving a formal acceptance of the invitation to the Conference ; but at the same time stating that it is done without prejudice to the discussion between those who take part in the Conference, and that Her Majesty's Government also assume that the rights of Great Britain in the Lower Niger will be respected. I have, &c. (Signed) EDWARD B. MALET. Iilclosure in No. 4. Sir E. Malet to Count Hatzfeldt. M.. le Ministre, Berlin, November 4, 1884. I HAVE the honour to inform your Excellency that Her Majesty's Government have received the note of his Excellency Count Mixnster, dated the 22nd ultimo, containing the reply of the Imperial Government to the inquiries in Lord Granville's note to Baron Plessen of the 8th ultimo. Her Majesty's Government have much pleasure in recognizing that the explanations contained in his Excellency's note show, as they anticipated, that there is no reason to suppose that the two Governments will not be in accordance, and, under these circumstances, Her Majesty's Government have no hesitation in giving a formal acceptance to the invitation to the Conference. In conveying this acceptance, however, to the Imperial Government, I am desired by Her Majesty's Principal Secretary of State for Foreign AfEairs to say that Her Majesty's Government agree with that of the Emperor, that it is done without prejudice to the discussion between those who take part in the Conference, and they assume that the rights of Great Britain in the Lower Niger, under Agreements made with the native Chiefs, under which the latter have accepted the protection of Great Britain, will be respected, rights which will in no manner be inconsistent with the application of the principles of the Congress of Vienna to the river. I avail, &c. (Signed) EDWARD B. MALET. • See " Africa No. 3 (1884)." f See No. 26, " Africa No. 7 (1884)." No. 5. Sir E. Malet to Earl Granville. — {Received November 1 7.) ^y l-ord, Berlin, November 16, 1884. I HAVE the honour to inform your Lordship that the first meeting of the West African Conference took place, as arranged, at 2 p.m. this afternoon, in Prince Bismarck's official residence. His Highness, as President, opened the proceedings by a speech, in which he explained the general views of the German Government on the questions set down for discussion, and added that he proposed, as soon as possible, to submit to us a scheme on which to begin our labours, but that it was not yet ready. I replied to the President's address in the speech, copy of which I have the honour to inclose herewith, which I had prepared in the sense of the instructions given to me in your Lordship's despatch of the 7th instant.* Nothing further was done and the sitting closed. The next meeting is to take place on the 18th instant, I have, &c. (Signed) EDWAED B. MALET. No. 6. Earl Granville to Sir E. Malet. Sir, Foreign Office, November 18, 1884. I APPEOVE the note which your Excellency addressed to Count Hatzfeldt on the 4th instant, announcing the formal acceptance by Her Majesty's Government of the invitation to the West African Conference, as reported in your despatch of the 13th instant. I am, &c. (Signed) GEANVILLE. No. 7. JEIarl Granville to Sir JEJ. Malet. Sir, Foreign Office, December 31, 1884. I HAVE to acknowledge the receipt of your Excellency's despatch of the 23rd instant,t containing a r6sum6 of the work accomplished by the West African Conference up to the date of its adjournment on the 22nd instant; and 1 have to express to your Excellency the approval of Her Majesty's Government of the mode in which your Excellency has conducted the negotiations intrusted to you, and their satisfaction at the results which have hitherto been accomplished. I am, &c. (Signed) GRANVILLE. * See Protocol No. 1, "Africa No. 4 (1885);" and "Africa No. 8 (1884)." t See "Africa No. 2 (1885),"' p. 1. ? s 155 S^ ^ «§• 5= ^ ^ 1 -8