Acta General de Bruselas de 1890
Acta General de Bruselas de 1890
Acta General de Bruselas de 1890
The President of the United States of America; His Majesty the German
Emperor, King of Prussia, in the name of the German Empire; His Majesty
the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary; His Majesty the King of the Belgians; His Majesty the King of Den1 For texts of protocols of these dates recording ratifications, see pp. 161, 165, 169,
and 170.
For text of U.S. statement, see p. 169.
B TS 389, post, p. 226.
TS 467, post, p. 551.
TS 877, post, vol. 2.
TS 779, post, vol. 2.
134
135
mark; His Majesty the King of Spain, and in his name her Majesty the
Queen Regent of the Kingdom; His Majesty the Sovereign of the Independent State of the Congo; The President of the French Republic; Her Majesty
the Queen of the United Kingdom of Great Britain and Ireland, Empress of
India; His Majesty the King of Italy; His Majesty the King of the Netherlands, Grand Duke of Luxemburg, etc.; His Majesty the Shah of Persia;
His Majesty the King of Portugal and the Algarves, etc., etc.; His Majesty
the Emperor of all the Russias; His Majesty the King of Sweden and Norway,
etc., etc.; His Majesty the Emperor of the Ottomans; and His Highness the
Sultan of Zanzibar;
Being equally actuated by the firm intention of putting an end to the
crimes and devastations engendered by the traffic in African slaves, of
efficiently protecting the aboriginal population of Africa, and of securing for
that vast continent the benefits of peace and civilization;
Wishing to give fresh sanction to the decisions already adopted in the
same sense and at different times by the powers, to complete the results
secured by them, and to draw up a body of measures guaranteeing the
accomplishment of the work which is the object of their common solicitude;
Have resolved, in pursuance of the invitation addressed to them by the
Government of His Majesty the King of the Belgians, in agreement with
the Government of Her Majesty the Queen of Great Britain and Ireland,
Empress of India, to convene for this purpose a conference at Brussels, and
have named as their plenipotentiaries:
THE PRESIDENT OF THE UNITED STATES OF AMERICA,
Auguste Baron Lambermont, His Minister of State, His Envoy Extraordinary and Minister Plenipotentiary, and
136
THE
LUXEMBURG,
137
The powers declare that the most effective means of counteracting the
slave-trade in the interior of Africa are the following:
1. Progressive organization of the administrative, judicial, religious, and
military services in the African territories placed under the sovereignty or
protectorate of civilized nations.
2. The gradual establishment in the interior, by the powers to which the
territories are subject, of strongly occupied stations, in such a way as to make
their protective or repressive action effectively felt in the territories devastated
by slave hunting.
3. The construction of roads, and in particular of railways, connecting
the advanced stations with the coast, and permitting easy access to the inland
waters, and to such of the upper courses of the rivers and streams as are
broken by rapids and cataracts, with a view to substituting economical and
rapid means of transportation for the present system of carriage by men.
4. Establislunent of steam-boats on the inland navigable waters and on
the lakes, supported by fortified posts established on the banks.
5. Establishment of telegraphic lines, insuring the communication of the
posts and stations with the coast and with the administrative centres.
6. Organization of expeditions and flying columns, to keep up the com-
138
munication of the stations with each other and with the coast, to support
repressive action, and to insure the security of high roads.
7. Restriction of the importation of fire,.arms, at least of those of modem
pattern, and of ammunition throughout the entire extent of the territory in
which the slave-trade is carried on.
ARTICLE
II
The stations, the inland cruisers organized by each power in its waters, and
the posts which serve as ports of register for them shall, independently of
their principal task, which is to prevent the capture of slaves and intercept
the routes of the slave-trade, have the following subsidiary duties:
1. To support and, if necessary, to serve as a refuge for the native population, whether placed under the sovereignty or the protectorate of the State
to which the station is subject, or independent, and temporarily for all other
natives in case of imminent danger; to place the population of the first of
these categories in a position to co-operate for their own defense; to diminish
intestine wars between tribes by means of arbitration; to initiate them in
agricultural labor and in the industrial arts so as to increase their welfare; to
raise them to civilization and bring about the extinction of barbarous customs, such as cannibalism, and human sacrifices.
2. To give aid and protection to commercial enterprises; to watch over
their legality by especially controlling contracts for service with natives, and to
prepare the way for the foundation of permanent centres of cultivation
and of commercial settlements.
3. To protect, without distinction of creed, the missions which are already
or that may hereafter be established.
4. To provide for the sanitary service and to extend hospitality and help
to explorers and to all who take part in Africa in the work of repressing the
slave-trade.
ARTICLE
III
IV
139
VI
VII
Any fugitive slave claiming, on the continent, the protection 9f the signatory powers, shall receive it, and shall be received in the camps and stations
officially established by said powers, or on board of the vessels oithe State
140
plying on the lakes and rivers. Private stations and boats are only permitted
to exercise the right of asylum subject to the previous consent of the State.
ARTICLE
VIII
The experience of all nations that have intercourse with Africa having
shown the pernicious and preponderating part played by firearms in operations connected with the slave-trade as well as internal wars between the
native tribes; and this same experience having clearly proved that the
preservation of the African population whose existence it is the express wish
of the powers to protect, is a radical impossibility, if measures restricting
the trade in fire-arms and ammunition are not adopted, the powers decide, so
far as the present state of their frontiers permits, that the importation of firearms, and especially of rifles and improved weapons, as well as of powder,
ball and cartridges, is, except in the cases and under the conditions provided
for in the following Article, prohibited in the territories comprised between
the 20th parallel of North latitude and the 22d parallel of South latitude, and
extending westward to the Atlantic Ocean and eastward to the Indian Ocean
and its dependencies, including the islands adjacent to the coast within 100
nautical miles from the shore.
ARTICLE
IX
The introduction of fire-arms and ammunition, when there shall be occasion to authorize it in the possessions of the signatory powers that exercise
rights of sovereignty or of protectorate in Africa, shall be regulated, unless
identical or stricter regulations have already been enforced, in the following
manner in the zone defined in Article VIII:
All imported fire-arms shall be deposited, at the cost, risk and peril of the
importers, in a public warehouse under the supervision of the State government. No withdrawal of fire-arms or imported ammunition shall take place
from such warehouses without the previous authorization of the said government. This authorization shall, except in the cases hereinafter specified, be
refused for the withdrawal of all arms for accurate firing, such as rifles,
magazine guns, or breech-loaders, whether whole or in detached pieces,
their cartridges, caps, or other ammunition intended for them.
In seaports, and under conditions affording the needful guarantees, the
respective governments may permit private warehouses, but only for ordinary powder and for flint-lock muskets, and to the exclusion of improved
arms and ammunition therefor.
Independently of the measures directly taken by governments for the
arming of the public force and the organization of their defence, individual
exceptions may be allowed in the case of persons furnishing sufficient guarantees that the weapon and ammunition delivered to them shall not be
given, assigned or sold to third parties, and for travelers provided with a
141
The Governments shall take all such measures as they may deem necessary to insure as complete a fulfilment as possible of the provisions respecting
the importation, sale and transportation of fire-arms and ammunition, as
well as to prevent either the entry or exit thereof via their inland frontiers,
or the passage thereof to regions where the slave-trade is rife.
The authorization of transit within the limits of the zone specified in
Article VIII shall not be withheld when the arms and ammunition are to
pass across the territory of the signatory or adherent power occupying the
coast, towards inland territories under the sovereignty or protectorate of
another signatory or adherent power, unless this latter power have direct
access to the. sea through its own territory. If this access be wholly interrupted, the authorization of transit can not be withheld. Any application for
transit must be accompanied by a declaration emanating from the government of the power having the inland possessions, and certifying that the
said arms and amm~nition are not intended for sale, but are for the use of
the authorities of such power, or of the military forces necessary for the protection of the missionary or commercial stations, or of persons mentioned by
name in the declaration. Nevertheless, the territorial power of the coast
retains the right to stop, exceptionally and provisionally, the transit of improved arms and ammunition across its territory, if, in consequence of
inland disturbances or other serious danger, there is ground for fearing lest
the despatch of arms and ammunition may compromise its own safety.
142
ARTICLE XI
XV
XVI
143
the points of intersection of the principal caravan routes crossing the zone
contiguous to the coast already subject to the control of the sovereign or protective powers, posts shall be established under the conditions and with the
reservations mentioned in Article III, by the authorities to which the territories are subject, for the purpose of intercepting the convoys and liberating
the slaves.
ARTICLE XVII
A strict watch shall be organized by the local authorities at the ports and
places near the coast, with a view to preventing the sale and shipment of
slaves brought from the interior, as well as the formation and departure landwards of bands of slave-hunters and dealers.
Caravans arriving at the coast or in its vicinity, as well as those arriving
in the interior at a locality occupied by the territorial power, shall, on their
arrival, be subjected to a minute inspection as to the persons composing
them. Any such person being ascertained to have been captured or carried
off by force, or mutilated, either in his native place or on the way, shall
be set free.
ARTICLE XVIII
In the possessions of each of the contracting powers, it shall be the duty
of the government to protect liberated slaves, to return them, if possible,
to their country, to procure means of subsistence for them; and, in particular,
to take charge of the education and subsequent employment of abandoned
children.
ARTICLE XIX
The penal arrangements provided for by Article V shall be applicable to
all offences committed in the course of operations connected with the transportation of and traffic in slaves on land whenever such offences may be
ascertained to have been committed.
Any person having incurred a penalty in consequence of an offence
provided for by the present general act, shall incur the obligation of furnishing security before being able to engage in any commercial transaction in
countries where the slave-trade is carried on.
CHAPTER III. Repression of the Slave-trade by Sea
SECTION I. General provisions
ARTICLE XX
The signatory powers recognize the desirability of taking steps in common
for the more effective repression of the slave-trade in the maritime zone in
which it still exists.
ARTICLE XXI
This zone extends, on the one hand, between the coasts of the Indian
Ocean (those of the Persian Gulf and of the Red Sea included), from
144
XXII
The signatory powers of the present general act, among whom exist
special conventions for the suppression of the slave-trade, have agreed to
restrict the clauses of those conventions concerning the reciprocal right of visit,
of search and of seizure of vessels at sea, to the above mentioned zone.
XXIII
ARTICLE
The same powers also agree to limit the above mentioned right to vessels
whose tonnage is less than 500 tons. This stipulation shall be revised as soon
as experience shall have shown the necessity thereof.
XXIV
ARTICLE
XXV
XXVI
XXVII
XXVIII
Any slave who has taken refuge on board a ship of war bearing the flag
of one of the signatory powers, shall be immediately and definitively set free.
145
Such freedom, however, shall not withdraw him from the competent jurisdiction if he has been guilty of any crime or offense at common law.
ARTICLE XXIX
Any slave detained against his will on board of a native vessel shall have
the right to demand his liberty. His release may be ordered by any agent of
any of the signatory powers on whom the present general act confers the
right of ascertaining the status of persons on board of such vessels, although
such release shall not withdraw him from the competent jurisdiction if he
has committed any crime or offense at common law.
SECTION II. Regulation concerning t~e use of the flag and supervision by
crUIsers
1. RULES FOR GRANTING THE FLAG TO NATIVE VESSELS, AND AS TO
CREW LISTS AND MANIFESTS OF BLACK PASSENGERS ON BOARD.
ARTICLE XXX
The signatory powers engage to exercise a strict surveillance over native
vessels authorized to carry their flag in the zone mentioned in Article XXI,
and over the commercial operations carried on by such vessels.
ARTICLE XXXI
The term "native vessel" applies to vessels fulfilling one of the following
conditions :
1. It shall present the outward appearance of native build or rigging.
2. It shall be manned by a crew of whom the captain and the majority
of the seamen belong by origin to one of the countries on the coast of the
Indian Ocean, the Red Sea, or the Persian Gulf.
ARTICLE XXXII
The authorization to carry the flag of one of the said powers shall in
future be granted only to such native vessels as shall satisfy at the same
time the three following conditions:
1. Fitters-out or owners of ships must be either subjects of or persons
protected by the power whose flag they ask to carry.
2. They shall be' obliged to prove that they possess real estate situated
in the district of the authority to whom their application is addressed, or to
furnish bona fide security as a guaranty of the payment of such fines as may
be incurred.
3. The above-named fitters-out or owners of ships, as well as the captain
of the vessel, shall prove that they enjoy a good reputation, and that in particular they have never been sentenced to punishment for acts connected with
the slave-trade.
146
XXXIII
XXXIV
XXXV
A list of the crew shall be issued to the captain of the vessel at the port of
departure by the authorities of the power whose colors it carries. It shall be
renewed at every fresh venture of the vessel, or, at the latest, at the end of a
year, and in accordance with the following provisions:
1. The list shall be visaed at the departure of the vessel by the authority that
has issued it.
2. No negro can be engaged as a seaman on a vessel without having
previously been questioned by the authority of the power whose colors
it carries, or, in default thereof, by the territorial authority, with a view to
ascertaining the fact of his having contracted a free engagement.
3. This authority shall see that the proportion of seamen and boys is not
out of proportion to the tonnage or rigging.
4. The authorities who shall have questioned the men before their departure shall enter them on the list of the crew in which they shall be mentioned with a summary description of each of them alongside his name.
5. In order the more effectively to prevent any substitution, the seamen
may, moreover, be provided with a distinctive mark.
ARTICLE
XXXVI
When the captain of a vessel shall desire to take negro passengers on board,
he shall make his declaration to that effect to the authority of the power
whose colors he carries, or in default thereof, to the territorial authority. The
passengers shall be questioned, and after it has been ascertained that they
embarked of their own free will, they shall be entered in a special manifest,
bearing the description of each of them alongside of his name, and specially
sex and height. Negro children shall not be taken as passengers unless they
are accompanied by their relations, or by persons whose respectability is
well known. At the departure, the passenger roll shall be visaed by the afore-
147
said authority after it has been called. If there are no passengers on board,
this shall be specially mentioned in the crew-list.
ARTICLE
XXXVII
XXXIX
See p. 161.
148
authorized to carry the flag of one of the signatory powers, or having procured the license provided for in Article XXXIX, shall entail the immediate
withdrawal of the said authorization or license. All violations of the provisions
of Section 2 of Chapter III shall render the person guilty thereof liable to
the penalties provided by the special laws and ordinances of each of the
contracting powers.
ARTICLE XLI
The signatory powers engage to deposit at the intcrnational information
office the specimen forms of the following documents:
1. License to carry the flag;
2. The crew-list;
3. The negro passenger list.
These documents, the tenor of which may vary according to the different
regulations of each country, shall necessarily contain the following particulars,
drawn up in one of the European languages:
1. As regards the authorization to carry the flag:
(a) The name, tonnage, rig, and the principal dimensions of the vessel;
(b) The register number and the signal letter of the port of registry;
(c) The date of obtaining the license, and the office held by the person
who issued it.
2. As regards the list of the crew:
(a) The name of the vessel, of the captain and of the fitter-out or owncr;
(b) The tonnage of the vessel;
(c) The register number and the port of registry, its destination, as well
as the particulars specified in Article XXV [XXXV].
3. As regards the list of negro passengers:
The name of the vessel which conveys them, and the particulars indicated
in Article XXXVI, for the proper identification of the passengers.
The signatory powers shall take the necessary measures so that the territorial authorities or their consuls may send to the same office certified
copies of all authorizations to carry their flag as soon as such authorizations
shall have been granted, as well as notices of the withdrawal of any such
authorization.
The provisions of the present article have reference only to papers intended
for native vessels.
2.
XLII
149
trade or is guilty of the fraudulent use of a flag, they may examine the ship's
papers.
The present article does not imply any change in the present state of things
as regards jurisdiction in territorial waters.
ARTICLE
XLIII
XLIV
XLV
The examination of the cargo or the search can only take place in the
case of vessels sailing under the flag of one of the powers that have concluded,
or may hereafter conclude the special conventions provided for in Article
XXII, and in accordance with the provisions of such conventions.
ARTICLE
XLVI
Before leaving the detained vessel, the officer shall draw up a minute
according to the forms and in the language in use in the country to which
he belongs.
This minute shall be dated and signed by the officer, and shall recite the
facts.
The captain of tlie detained vessel, as well as the witnesses, shall have the
right to cause to be added to the minutes any explanations they may think
expedient.
ARTICLE XLVII
The commander of a man-of-war who has detained a vessel under a
foreign flag shall, in all cases, make a report thereof to his own government,
and state the grounds upon which he has acted.
150
ARTICLE
XLVIII
XLIX
3.
LI
If it is proved by the inquiry that the flag has been fraudulently used,
the arrested vessel shall remain at the disposal of its captor.
ARTICLE
LII
151
In the cases provided for by this article, liberated slaves shall be disposed
of in accordance with the special conventions concluded, or to be concluded,
between the signatory powers. In default of such conventions, the said slaves
shall be turned over to the local authority, to be sent back, if possible, to their
country of origin; if not, this authority shall facilitate to them, in so far as
may be in its power, the means of livelihood, and, if they desire it, of settling
on the spot.
ARTICLE LUI
If it shall be proved by the inquiry that the vessel has been illegally arrested,
there shall be clear title to an indemnity in proportion to the damages suffered
by the vessel being taken out of its course.
The amount of this indemnity shall be fixed by the authority that has
conducted the inquiry.
ARTICLE LIV
In case the officer of the capturing vessel does not accept the conclusions
of the inquiry held in his presence, the matter shall be turned over to the
tribunal of the nation whose flag the captured vessel has borne.
No exception shall be made to this rule, unless the disagreement arises
in respect of the amount of the indemnity stipulated in Article LIII, and this
shall be fixed by arbitration, as specified in the following article.
ARTICLE LV
The capturing officer and the authority which has conducted the inquiry
shall each appoint a referee within forty-eight hours, and the two arbitrators
shall have twenty-four hours to choose an umpire. The arbitrators shall, as
far as possible, be chosen from among the diplomatic, consular, or judicial
officers of the signatory powers. Natives in the pay of the contracting Governments are formally excluded. The decision shall be by a majority of votes,
and be considered as final.
If the court of arbitration is not constituted in the time indicated, the
procedure in respect of the indemnity, as in that of damages, shall be in
accordance with the provisions of Article LVIII, paragraph 2.
ARTICLE LVI
The cases shall be brought with the least possible delay before the tribunal
of the nation whose 'flag has been used by the accused. However, the consuls
or any other authority of the same nation as the accused, specially commissioned to this end, may be authorized by their Government to pronounce
judgment instead of the tribunal.
ARTICLE LVII
The procedure and trial of violations of the provisions of Chapter III shall
always be conducted in as summary a manner as is permitted by the laws and
219-915--68----11
152
153
ARTICLE LXIII
Slaves set free under the provisions of the preceding article shall, if circumstances permit, be sent back to the country from whence they came. In all
cases they shall receive letters of liberation from the competent authorities,
and shall be entitled to their protection and assistance for the purpose of
obtaining means of subsistence.
ARTICLE LXIV
Any fugitive slave arriving at the frontier of any of the powers mentioned
in Article LXII shall be considered free, and shall have the right to claim
letters of release from the competent authorities.
ARTICLE LXV
Any sale or transaction to which the slaves referred to in Articles LXIII
and LXIV may have been subjected through circumstances of any kind
whatsoever, shall be considered as null and void.
ARTICLE LXVI
Native vessels carrying the flag of one of the countries mentioned in
Article LXII, if there is any indication that they are employed in operations
connected with the slave-trade, .shall be subjected by the local authorities
in the ports frequented by them to a strict examination of their crews and
passengers both on arrival and departure. If African slaves are found on
board, judicial proceedings shall be instituted against the vessel and against
all persons who may be implicated. Slaves found on board shall receive
letters of release through the authorities who have seized the vessels.
ARTICLE LXVII
Penal provisions similar to those provided for by Article V shall be enacted
against persons importing, transporting, and trading in African slaves, against
the mutilators of male chilgren or adults, and those who traffic in them, as
well as against their as'lociates and accomplices.
ARTICLE LXVIII
The signatory powers recognize the great importance of the law respecting
the prohibition of the slave-trade sanctioned by His Majesty the Emperor of
the Ottomans on the 4th (16th) of December, 1889 (22 Rebi-ul-Akhir,
1307), and they are assured that an active surveillance will be organized
by the Ottoman authorities, especially on the west coast of Arabia and on
the routes which place that coast in communication with the other possessions
of His Imperial Majesty in Asia.
154
ARTICLE LXIX
His Majesty the Shah of Persia consents to organize an active surveillance
in the territorial waters and those off the coast of the Persian Gulf and Gulf
of Oman which are under his sovereignty, and on the inland routes which
serve for the transportation of slaves. The magistrates and other authorities
shall, to this effect, receive the necessary powers.
ARTICLE LXX
His Highness the Sultan of Zanzibar consents to give his most effective
support to the repression of crimes and offences committed by African slavetraders on land as well as at sea. The tribunals created for this purpose in the
Sultanate of Zanzibar shall rigorously enforce the penal provisions mentioned
in Article V. In order to render more secure the freedom of liberated slaves,
both in virtue of the provisions of the present general act and of the decrees
adopted in this matter by His Highness and his predecessors, a liberation
office shall be established at Zanzibar.
ARTICLE LXXI
The diplomatic and consular agents and the naval officers of the contracting powers shall, within the limits of existing conventions, give their assistance to the local authorities in order to assist in repressing the slave-trade
where it still exists. They shall be entitled to be present at trials for slavetrading brought about at their instance, without, however, being entitled to
take part in the deliberations.
ARTICLE LXXII
Liberation offices, or institutions in lieu thereof, shall be organized by the
governments of the countries to which African slaves are sent, for the purposes
specified by Article XVIII.
ARTICLE LXXIII
The signatory powers having undertaken to communicate to one another
all information useful for the repression of the slave-trade, the Governments
whom the present chapter concerns shall periodically exchange with the
other Governments statistical data relating to slaves intercepted and liberated, and to the legislative and administrative measures which have been
taken for suppressing the slave-trade.
CHAPTER V. Institutions intended to insure the execution of the general act
SECTION 1.
ARTICLE LXXIV
In accordance with the provisions of Article XXVII, an international
office shall be instituted at Zanzibar, in which each of the signatory powers
may be represented by a delegate.
155
ARTICLE LXXV
The office shall be constituted as soon as three powers have appointed their
representatives.
It shall draw up regulations fixing the manner of exercising its functions.
These regulations shall immediately be submitted to the approval of such
signatory powers as shall have signified their intention of being represented
in this office. They shall decide in this respect within the shortest possible time.
ARTICLE LXXVI
The expenses of this institution shall be divided in equal parts among the
signatory poweI1' mentioned in the preceding article.
ARTICLE LXXVII
The object of the office at Zanzibar shall be to centralize all documents
and information of a nature to facilitate the repression of the slave-trade in
the maritime zone. For this purpose the signatory powers engage to forward
within the shortest time possible:
1. The documents specified in Article XLI;
2. Summaries of the reports and copies of the minutes referred to in
Article XLVIII;
3. The list of the territorial or consular authorities and special delegates
competent to take action as regards vessels seized according to the terms of
Article XLIX;
4. Copies of judgments and condemnations in accordance with Article
LVIII;
5. All information that may lead to the discovery of persons engaged in
the slave-trade in the above-mentioned zone.
ARTICLE LXXVIII
The archives of the office shall always be open to the naval officers of the
signatory powers authorized to act within the limits of the zone defined by
Article XXI, as well as to the territorial or judicial authorities, and to consuls
specially designated by their Governments.
The office shall supply to foreign officers and agents authorized to consult
its archives, translations into a European language of documents written in
an Oriental language.
It shall make the communications provided for in Article XLVIII.
ARTICLE LXXIX
Auxiliary officers in communication with the office at Zanzibar may be
established in certain parts of the zone, in pursuance of a previous agreement
between the interested powers.
156
LXXX
The office at Zanzibar shall prepare in the first two months of every year,
a report of its own operations and of those of the auxiliary offices, during
the past twelve months.
SECTION
LXXXI
The powers shall. communicate to one another, to the fullest extent and
with the least delay that they shall consider possible:
1. The text of the laws and administrative regulations, existing or enacted
by application of the clauses of the present general act;
2. Statistical information concerning the slave-trade, slaves arrested and
liberated, and the traffic in fire-arms, ammunition, and alcoholic liquors.
v
ARTICLE
LXXXII
LXXXIII
The office at Zanzibar shall forward to it every year the report mentioned
in Article LXXX, concerning its operations during the past year, and concerning those of the auxiliary offices that may have been established in accordance with Article LXXIX.
ARTICLE
LXXXIV
The documents and information shall be collected and published periodically, and addressed to all the signatory powers. This publication shall be
accompanied every year by an analytical table of the legislative, administrative, and statistical documents mentioned in Article LXXXI and
LXXXIII.
157
LXXXV
ARTICLE LXXXVI
The signatory powers having recognized the duty of protecting liberated
slaves in their respective possessions, engage to establish, if they do not
already exist, in the ports of the zone determined by Article XXI, and in such
parts of their said possessions as may be places for the capture, passage and
arrival of African slaves, such offices and institutions as may be deemed sufficient by them, whose business shall specially consist in liberating and protecting them in accordance with the provisions of Articles VI, XVIII, LII,
LXIII, and LXVI.
ARTICLE LXXXVII
The liberation offices or the authorities charged with this service shall .
deliver letters of release and shall keep a register thereof.
In case 6f the denunciation of an act connected with the slave-trade, or
one of illegal detention, or on appliCation of the slaves themselves, the said
offices or authorities shall exercise all neceSsary diligence to insure the release
of the slaves and the punishment of the offenders.
The delivery of letters of release shall in no case be delayed, if the slave be
- accused of a crime or offence against the common law. But after the delivery
of the said letters an investigation shall be proceeded with in the form established by the ordinary procedure.
ARTICLE LXXXVIII
The signatory powers shall favor, in their possessions, the foundation of
establishments of refuge for women and of education for liberated children.
ARTICLE LXXXIX
Freed slaves may always apply to the offices for protection in the enjoyment
of their freedom.
Whoever shall ha,ve used fraudulent or violent means to deprive a freed
slave of his letters of release or of his liberty, shall be considered as a slavedealer.
CHAPTER VI. Measures to restrict the traffic in spirituous liquors
ARTICLE XC
Being justly anxious concerning the moral and material consequences to
which the abuse of spirituous liquors subjects the native population, the signa-
158
tory powers have agreed to enforce the provisions of Articles XCI, XCII
and XCIII within a zone extending from the 20th degree of North latitude
to the 22d degree of South latitude, and bounded on the west by the Atlantic
Ocean and on the east by the Indian Ocean and its dependencies, including
the islands adjacent to the mainland within 100 nautical miles from the coast.
ARTICLE XCI
In the districts of this zone where it shall be ascertained that, either on
account of religious belief or from some other causes, the use of distilled
liquors does not exist or has not been developed, the powers shall prohibit
their importation. The manufacture of distilled liquors shall be likewise prohibited there.
Each power shall determine the limits of the zone of prohibition of alcoholic liquors in its possessions or protectorates, and shall be bound to make
known the limits thereof to the other powers within the space of six months.
The above prohibition can only be suspended in the case of limited quantities intended for the consumption of the non-native population and imported under the regime and conditions determined by each Government.
ARTICLE XCII
The powers having possessions or exercising protectorates in those regions
of the zone which are not subjected to the regime of the prohibition, and
into which alcoholic liquors are at present either freely imported or pay an
import duty of less than 15 francs per hectolitre at 50 degrees centigrade,
engage to levy on such alcoholic liquors an import duty of 15 francs per
hectolitre at 50 degrees centigrade, for three years after the present general
act comes into force. At the expiration of this period the duty may be increased to 25 francs during a fresh period of three years. At the end of the
sixth year it shall be submitted to revision, the average results produced by
these tariffs being taken as a basis, for the purpose of then fixing, if possible,
a minimum duty throughout the whole extent of the zone where the prohibition referred to in Article XCI is not in force.
The powers retain the right of maintaining and increasing the duties
beyond the minimum fixed by the present article in those regions where they
already possess that right.
ARTICLE XCIII
Distilled liquors manufactured in the regions referred to in Article XCII,
and intended for inland consumption, shall be subject to an excise duty.
This excise duty, the collection of which the powers engage to secure, as
BRUSSELS)~JULY
2, 1890
159
far as possible, shall not be less than the minimum import duty fixed by
Article XCII.
ARTICLE XCIV
The signatory powers having possessions in Africa contiguous to the zone
specified in Article XC engage to adopt the necessary measures for preventing the introduction of spirituous liquors within the territories of the said
zone via their inland frontiers.
ARTICLE XCV
The powers shall communicate to one another, through the office at
Brussels, and according to the terms of Chapter V, information relating to
the traffic in alcoholic liquors within their respective territories.
CHAPTER VII. Final provisions
ARTICLE XCVI
The present general act repeals all contrary stipulations of conventions
previously concluded between the signatory powers.
ARTICLE XCVII
The signatory powers, without prejudice to the stipulations contained in
Articles XIV, XXIII and XCII, reserve the right of introducing into the
present general act, hereafter and by common consent, such modifications or
improvements as experience may prove to be useful.
ARTICLE XCVIII
Powers who have not signed the present general act shall be allowed to
adhere to it.
The signatory powers reserve the right to impose such conditions as they
may deem necessary to their adhesion.
If no conditions shall be stipulated, adhesion implies acceptance of all
the obligations and admission to all the advantages stipulated by the present
general act.
The powers shall agree among themselves as to the steps to be taken to
secure the adhesion of states whose cooperation may be necessary or useful
in order to insure complete execution of the general act.
Adhesion shall be effected by a separate act. Notice thereof shall be given
through the diplomatic channel to the Government of the King of the Belgians, and by that Government to all the signatory and adherent states.
219-91~68----12
160
XCIX
The present general act shall be ratified within the shortest possible period,
which shall not in any case exceed one year.
Each power shall address its ratification to the Government of the King
of the Belgians, which shall give notice thereof to all the other powers that
have signed the present general act.
The ratifications of all the powers shall remain deposited in the archives
of the Kingdom of Belgium.
As soon as all the ratifications shall have been furnished, or at the latest
one year after the signature of the present general act, their delivery shall be
recorded in a protocol which shall be signed by the representatives of all the
powers that have ratified.
A certified copy of this protocol shall be forwarded to all the powers
interested.
ARTICLE C
The present general act shall come into force in all the possessions of the
contracting powers on the sixtieth day, reckoned from the day on which the
protocol provided for in the preceding article shall have been drawn up.
[SEAL]
[SEAL]
[SEAL]
[SEAL]
[SEAL]
[SEAL]
[SEAL]
[SEAL]
[SEAL]
[SEAL]
[SEAL]
[SEAL]
[SEAL]
161
Tonnage
ill
Maximum Limits
within General
Port of Narneo Number number
register captain of crew of passen- which ves- remarks
sel is entigers
tled to ply
---------
I
The present license must be renewed on the - - .
Rank of Official who has issued the permit: - - .
PROTOCOL
Foi Austria~Huhgary,:
His Excellency Count Khevenhliller-Metsch, Minister of Austria-Hungary
at Brussels.
For Belgium:
Baron Lambermont, Minister of State.
Mr. Emile Banning, Director General in the Ministry of Foreign Affairs.
For Denmark:
Mr. F. G. Schack de Brockdorff, Consul General of Denmark at Antwerp.
For Spain:
His Excellency Gutierrez de Aguera, Minister of Spain at Brussels.
For the Independent State of the Congo:
Mr. E. Van Eetvelde, Administrator General of the Department of Foreign
Affairs of the Independent State of the Congo.
For the United States:
His Excellency Edwin H. Terrell, Minister of the United States of America
at Brussels.
For Great Britain:
Mr. Martin Gosselin, Charge d'Affaires of the Government of Her Britannic Majesty at Brussels.
162
For Italy:
His Excellency Baron de Renzis, Minister of Italy at Brussels.
For the Netherlands:
His Excellency Baron Gericke de Herwynen, Minister of the Netherlands
at Brussels.
For Persia:
His Excellency General Nazare-Aga, Minister of Persia at Brussels.
For Russia:
His Excellency Prince Ouroussoff, Minister of Russia at Brussels.
For Sweden and Norway:
His Excellency de Burenstam, Minister of Sweden and Norway at Brussels.
For Turkey:
His Excellency CarathCodory Efendi, Minister of Turkey at Brussels.
For Zanzibar:
Mr. Martin Gosselin.
The undersigned met in the Ministry of Foreign Affairs at Brussels, for
the purpose of carrying out Article XCIX of the General Act of the Brussels
Conference.
Baron Lambermont, one of the Representatives of Belgium, read the aforesaid article and the penultimate paragraph of the Declaration.s He informed
the Assembly that the Government of His Majesty the King of the Belgians
had received the instruments of ratification of His Majesty the Emperor of
Germany, King of Prussia; of His Majesty the King of the Belgians; of His
Majesty the King of Denmark; of His Majesty the King of Spain, and, in
his name, of Her Majesty the Queen Regent; of His Majesty the SovereignKing of the Independent State of the Congo; of Her Majesty the Queen of
the United Kingdom of Great Britain and Ireland, Empress of India; of His
Majesty the King of Italy; of Her Majesty the Queen of the Netherlands,
and, in her name, of Her Majesty the Queen Regent; of His Majesty the
Shah of Persia; of His Majesty the King of Sweden and Norway; of His
Highness the Sultan of Zanzibar.
The aforesaid ratifications were produced and, after examination, were
found to be in good and due form. According to the provisions of Article
XCIX, these documents will be deposited in the archives of the Government
of the Kingdom of Belgium.
The Representatives of the above-mentioned Powers gave the Representatives of Belgium official confirmation of that deposit.
His Excellency Count Khevenhiiller-Metsch stated that His Majesty the
Emperor of Austria-Hungary, his august Sovereign, had signed the ratifications of the General Act and the Declaration of July 2, 1890, that they had
8 For English text of declaration of July 2, 1890, see Sir Edward Hertslet (ed.), Commercial Treallies (treaties between Great Britain and foreign powers), vol. XIX, p. 304.
163
16..j.
Excellency already knows that the considerations that influenced the decisions of the Chamber were based on the nature of the measures for the
suppression of the slave trade by sea.
"Hence, it is self-evident that, much to our regret, we will not find it
possible to effect, within the prescribed time limit, that is, by the 2d of this
month, the ratification of the agreements prepared by the Conference.
"Consequently, my Government can see no reason for my attending the
meeting, the notice of which Your Excellency has been good enough to send
me, since those of my colleagues who are to participate in it either have
already received the instruments of ratification or can announce that they
will receive them very soon.
"I avail myself of this opportunity, etc. (S.) A. BouREE."
Baron Lambermont stated that the Charge d'Affaires of Portugal at Brussels had informed the Belgian Government that, in view of the decision of
the French Chamber, the Parliamentary Commission had decided, for its
part, to postpone taking a vote on the law approving the Brussels General
Act. The Portuguese Government did not think it could do otherwise than
accept the opinion of the Parliamentary Commission; and, while affirming
its humanitarian sentiments and good will it did not think that, under the
present circumstances, there was any reason for it to be represented at the
meeting on July 2.
In view of the situation created by the above-mentioned acts and statements, the Assembly, sincerely desiring to see a unanimous agreement
reached between the Powers, decided that the time limit prescribed by
Article XCIX of the General Act for the deposit of the ratifications should
be extended to a time that would be fixed by mutual agreement as soon
as the Powers whose Representatives either were not present at the meeting
or lacked the necessary official powers signified their approval of the
extension.
This Protocol will remain open to them for that purpose for a period of
ten days.
Before adjourning, the Assembly expressed the desire that the Government of His Majesty the King of the Belgians request and receive the approvals mentioned in the preceding paragraph and take steps, after obtaining them, to bring about an understanding between the Powers with respect
to the duration of the extension.
The Representatives of Belgium will communicate this two-fold desire
to their Government and do not doubt that it will be granted.
In witness whereof, this Protocol has been drawn up, and a certified copy
thereof will be sent by the Government of His Majesty the King of the
Belgians to each of the other Powers that have ratified the General Act and
the Declaration of July 2, 1890.
[For Italy:]
10'. DE RENZIS
ALVENSLEBEN
[For Austria-Hungary:]
R. KHEVENHULLER
[For Belgium:]
LAMBERMONT
E. BANNING
[For Portugal: ] .
[For Denmark:]
BON DE SENDAL
SCHACK DE BROCKDORFF
[For Spain:]
[For Russia:]
L.OUROUSSOFF
J. G. DE AOUERA
BURENSTAM
165
[For Turkey:]
tT. CARATHEODORY
[For Zanzibar:]
MARTIN GOSSELIN
BoURb
2, 1892
[TRANSLATION]
PROTOCOL
166
167
168
in the aforesaid note, I have the honor to inform Your Excellency that the
provisions contained in Articles XXX to XLI of the Brussels General Act
will be readily applied by the Government of the Republic in the territory
of Obock and, as necessary, in the Island of Madagascar and the Comoro
Islands.
"Accept, Excellency, the assurances of rrly high consideration.
(Signed) "A. BouREE
"His Excellency
Prince de Chimay,
Minister of Foreign Affairs, etc., etc., etc."
His Excellency Baron Gericke de Herwynen stated, in the name of his
Government, that, in signing the Protocol today, he was obliged to call
attention to the fact that the constitutional provisions governing the Netherlands require that this Protocol be approved by the States-General. Since it
had not been possible to request its approval before January 2, the Government of the Queen Regent intended to take care of the matter at the next
session of the First and Second Chambers.
The statement of the Minister of the Netherlands was acknowledged
to him.
After examination, the ratifications by His Majesty the Emperor of Austria-Hungary, the President of the French Republic, His Majesty the Emperor of all the Russias, and His Majesty the Emperor of the Ottomans were
found to be in good and due form. According to the provisions of Article
XCIX, these documents, together with the instruments of ratification delivered on July 2, 1891, will be deposited in the archives of the Government
of the Kingdom of Belgium.
The Representatives
the Powers gave the Representative of Belgium
official confirmation of that deposit.
His Excellency M. d'Antas stated that, since the circumstances had not
permitted the Portuguese upper and lower chambers to make a decision on
the General Act and the Declaration of July 2, 1890, he had been instructed
by his Government to request that the Protocol remain open for the deposit
of the ratifications by His Very Faithful Majesty until February 2, 1892.
The Assembly approved the extension of the time limit proposed by the
Minister of Portugal.
of
In witness whereof, this Protocol has been drawn' up, and a certified copy
thereof will be transmitted by the Government of His Ma.jesty the King of
the Belgiums to each of the other Powers that have signed the General Act
and the Declaration of July 2,1890.
Done at Brussels on January 2, 1892.
169
TOUR ET TAXIS
JOHN KIRK
[For Austria-Hungary:]
[For Italy:]
F. DE RENZIS
[For the Netherlands:]
R. KHEVENHULLER
[For Belgium:]
LAMBERMONT
E. BANNING
L. GERICKE
[For Portugal:]
M. D'ANTAS
[For Russia:]
[For Denmark:]
SCHACK DE BROCKDORFF
[For Spain:]
J. G. DE AGUERA
[For the Congo:]
L. OUROUSSOFF
[For Turkey:]
tT. CARATHEODORY
[For France:]
A. BouREE
[For Zanzibar:]
JOHN KIRK
For Persia:
His Excellency General Nazare-Aga, Minister of Persia at Brussels
NAZARE-AGA
January 3,1892
PROTOCOL OF
U.S.
DEPOSIT' OF RATIFICATION
[TRANSLATION]
PROTOCOL
170
hereby disclaims any intention, in ratifying this treaty, to indicate any interest
whatsoever in the possessions or protectorates established or claimed on that
continent by the other Powers, or any approval of the wisdom, expediency or
lawfulness thereof, and does not join in any expressions in the said General
Act which might be construed as such a declaration or acknowledgment; and,
for this reason, that it is desirable that a copy of this resolution be inserted
in the protocol to be drawn up at the time of the exchange of ratifications of
this treaty on the part of the United States.
This resolution of the Senate of the United States having been preparatively and textually conveyed by the Government of His Majesty the King of
the Belgians to the knowledge of all the signatory Powers of the General Act,
the latter have given their assent to its insertion in the present Protocol which
will remain annexed to the Protocol of January 2nd, 1892.
Acknowledgment of this is given to the Minister of the United States.
The ratifications of the President of the United States having been found
in good and due form, acknowledgment of their deposit is equally given to
His Excellency Mr. Edwin H. Terrell; they will be preserved in the archives
of the Ministry of Foreign Affairs 6f Belgium.
At the moment of proceeding to the signature of the present Protocol, the
Minister of Foreign Affairs of his Majesty the King of the Belgians made it
known that the Representative of Russia, in the note expressing the assent
of his Government, expressed the opinion that it would have been desirable
that a translation into the French language accompany in the Protocol the
English text of the resolutions of the Senate of the United States of America
and that at all events the absence of this translation is not to form a
precedent.
A certified copy of the present Protocol will be addressed by the Belgian
Government to the signatory Powers of the General Act.
Done at Brussels, February 2nd, 1892.
The Envoy Extraordinary and
Minister Plenipotentiary of the United
States of America
The Minister
of Foreign Affairs
THE PRINCE DE CHIMAY
EDWIN
H.
TERRELL
PROTOCOL
recording the deposit of the ratifications by His Majesty the King of Portugal
and the Algarves of the General Act and the Declaration of July 2, 1890
171
D'ANTAs