No. 24.
Mr. Tree to Mr. Bayard.

[Extract.]
No. 278.]

Sir: I have the honor to invite your attention to article 2 of the decree of the sovereign of the Independent State of the Congo on the use of flags within the boundaries of that state, published in the “Bulletin Officiel” No. 5 (May, 1887, 3d year), and which will be found on file in the Department.

Article 2 reads as follows:

Every private vessel navigating the waters of the Independent State of the Congo, up the stream beyond the falls of Leopoldville, will be required to hoist at the stern the flag of the State. If she possesses ship’s papers establishing her foreign nationality, she may hoist, in addition, the flag of her own country.

Article 3 fixes a penalty for the non-observance of the provisions of article 2.

My impression has been that, in accordance with a custom which is universal, vessels entering the rivers and harbors of another nation have the right to hoist the flag of their own nationality at the stern. If so, it is a curious departure from the general practice to compel the display of the Congo State flag at that part of the vessel, especially in view of article 2 of the general act of the Berlin conference, stipulating for the free navigation of the Congo and all of its affluents by the vessels of all nations.

I have, etc.,

Lambert Tree.