Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 8, 1908
Minister Wilson to the Secretary of State.
Brussels, August 21, 1908.
Sir: I have the honor to transmit herewith copy and translation of the colonial law just adopted by the Belgian Chamber of Representatives, [Page 579] and which now requires only the approval of the Senate and of the King, in conjunction with the approval of the act of annexation, to make of annexation an accomplished fact.
At the time of the adoption of the colonial law the treaty of annexation was also passed, but as a copy of its provisions, accompanied by translation, is already in the hands of the department, I have not thought it necessary to transmit it with this dispatch.1
There can be no manner of doubt that the Senate will approve the treaty of annexation and the colonial law in their entirety, and this, I believe, without amendments germane to the character of either instrument. If any changes are made by the Senate they will not affect the general character of the instruments, but will have to do with their form only. There seems to be no doubt that, following the action of the legislative bodies, the approval of His Majesty the King will be promptly forthcoming.
I have the honor, etc.,
Bill Providing for the Government of the Belgian Kongo.
[Text adopted by the Chamber at the first reading.]
Chapter I.—Concerning the juridical status of the Belgian Kongo.
Article 1. The Belgian Kongo has a legal status distinct from that of the mother country. It is governed by separate and distinct laws. The resources and liabilities of Belgium and the colony remain distinct. In consequence the Kongolese interest charges will rest exclusively to the charge of the colony, unless it shall be decided otherwise by law.
Chapter II.—Concerning the rights of Belgians, foreigners, and natives.
Art. 2. All the inhabitants of the colony will enjoy the rights recognized by article 7, paragraphs 1 and 2; articles 8 to 15, inclusive; article 16, paragraph 1; article 17, paragraph 1; and articles 21, 22, and 24 of the Belgian constitution. The words “the law” mentioned in article 7, paragraphs 2, 8, 9, 10, 11; article 17, paragraph 1; and article 22 of the Belgian constitution are replaced, in whatever relates to the colony, by the words “the special laws or decrees.”
The language which shall be employed is optional. It will be regulated by special laws or decrees in such a way as to guarantee the rights of Belgians and Kongolese and so regulated only for official acts and juridical business.
The Belgians will enjoy in the Kongo in these matters guaranties similar to those which are assured them in Belgium. Special laws or decress will be promulgated to this effect at a date not less than five years following the promulgation of the present law.
All the decrees and regulations having a general character shall be drawn and published in the French and Flemish languages. The two texts are official.
Belgians and Kongolese registered in the colony and foreigners shall enjoy all the civil rights conceded by the legislation of the Belgian Kongo. Their personal status is regulated by their national law, provided that these are not contrary to public order.
Natives of the Belgian Kongo not registered enjoy the civil rights which are conceded them by the colonial legislation and by their customs, provided these are not contrary either to law or public order. Natives of neighboring countries not registered shall enjoy similar rights.
No person can be constrained to work for the account or profit of commercial societies or private persons.
[Page 580]The laws will determine as soon as possible the status of the natives, their real rights and individual liberty.
Art. 3. The governor general will guard the preservation of the native population, the improvement of their moral and material conditions. He shall favor the expansion of individual liberty, the gradual abandonment of polygamy, and the development of individual holdings. He shall protect and favor, without distinction of nationality or religion, all the religious, scientific, or charitable institutions and enterprises created and organized for the purpose or aim of instructing the natives and bringing them to a comprehension and appreciation of the advantages of civilization.
Christian missionaries, scholars, explorers, their escorts, belongings, and collections shall be the object of a special protection.
Art. 4. There shall be established a permanent commission of seven members charged with the responsibility of watching over all the territory of the colony, with the protection of the natives, and with the betterment of their moral and material condition.
The commission shall be under the presidency of the procureur general. The other members shall be named by the King from among those persons residing in the territory of the colony who by the nature of their functions appear specially qualified to carry out the protective character of their mission. The commission will appoint one of its members as secretary.
It will meet at least once each year; its president will convoke it.
The commission will address each year to the King a joint report relative to the measures taken in favor of the natives. This report shall be published.
The members of the commission shall report, if necessary individually, to the officers of the law the abuses and illegalities of which the natives may have been made the victims.
Chapter III.—Relative to the exercise of powers.
Art. 5. The King will regulate by means of decrees those matters which are not or which shall not be regulated by the law. The decrees shall be issued upon the initiative of the minister of colonies. No decree shall have force except after having been published according to the forms prescribed by the law. It should, moreover, have been published in the Moniteur Beige.
The courts and the tribunals shall not put the decrees into force whenever they shall be found contrary to the laws.
Art. 6. The executive power shall be lodged in the King. It shall be exercised by means of regulations and proclamations. The courts and the tribunals shall not put the regulations and proclamations into force except when they are in conformity with the laws and decrees.
No regulation or proclamation shall be considered in force except after having been published.
Art. 7. No royal act shall have effect except when countersigned by a minister, who thereby renders himself responsible.
The expenses charged to the special fund of 50,000,000 francs, which amount is granted to the King and to his successors by article 4, paragraphs 3 and 4, of the additional act of March 5, 1908, shall likewise be subjected to this formality.
The annuities specified by the aforesaid additional act are assigned by the King in the proportions which he shall indicate to the objects enumerated in paragraph 5 of article 4.
Art. 8. No customs tax, no domestic tax shall be levied except for the needs of the colony, nor shall any exemption from taxation be granted to persons not born on the soil, except by legislative act.
The governor and the functionaries or agents thereto authorized can grant to the natives temporary exemption from taxation.
The decree will go into force at the same time with the budget law which sanctions its first application.
The numerical force of the army shall be fixed annually by decree.
Art. 9. The circulating medium of gold and silver which have a legal tender in Belgium shall also have legal tender in the colonies.
A royal proclamation shall fix the date on which the gold and silver money coined by the Independent State of the Kongo shall cease to be legal tender and will not be exchanged further by the colonial treasury.
The profits which may result from the coinage of Belgian money necessary to the colony shall accrue to the colonial budget.
[Page 581]It is lawful for the King to coin special money of small denomination for the colony; this money shall not circulate in Belgium.
Art. 10. The budget of receipts and expenses of the colony shall be fixed each year by the law.
Four months at least before the opening of the fiscal year the proposed budget shall be printed and distributed to the members of the legislative chambers by the minister of colonies.
If the chambers have not voted the budget five days before the opening of the fiscal year, the King shall proclaim the receipts, and every three months thereafter until there shall be a decision of the chambers there will be offered at the ministry of colonies the credit obligations necessary for temporary expenses.
The King, or within the colony the governor general, shall direct the appropriation and, in case of urgent need, the supplementary necessary expenses. Within the three months the minister of colonies will transmit a copy of the royal proclamation or ordinance to the chambers and submit a bill of approval.
Art. 11. The accounts general of the colony shall be proclaimed by law after verification by the court of accounts.
The court of accounts will require the ministry of colonies to deliver to it all statements, written accounts, and to give all the information and explanations necessary to the verification of the receipts and expendiures.
The account general of the colony shall be transmitted to the chambers with the comments of the court of accounts.
Art. 12. The colony has no power to make loans, to guarantee the capital or the interest of a loan, or to execute public works except by appropriations duly authorized by law.
Nevertheless, if the necessities of the colonial treasury demand it, the King may, without previous authorization, issue or renew treasury bonds bearing interest and payable within five years. The treasury bonds in circulation shall not exceed the sum of 10,000,000 francs, and the money resulting from their sale shall be appropriated only to the discharge of public expenses regularly voted.
Art. 13. A special law will determine the rules regulating railway and mining concessions or concessions of domanial property.
With every railway or mining concession, every sale or concession for any time whatsoever of domanial property of a superficial area exceeding 10 hectares, there shall be issued a consent or authority by decree.
With all the documentary proofs, during 30 days of session, there shall be deposited with the bureaus of the two chambers all proposed decrees relating to—
- (a)
- Railway, mines, mining, or alluvial gold concessions.
- (b)
- Sale of domanial improved property of a superficial area exceeding 10,000 hectares.
- (c)
- Concession of the use of domanial improved property if their superficial area exceeds 25,000 hectares or when the concession is granted for more than 30 years.
To determine the maximum of superficial area referred to in paragraphs 2 and 3, notice shall be taken of sales or concessions of domanial property where the purchaser or concessioner may have enjoyed a prior profit.
All acts of concession will include a clause providing for repurchase and will mention the cause of the forfeiture.
Every concession shall be temporary.
Art. 14. The civil judiciary and the military judiciary shall be organized by decree.
The public prosecutors shall exercise their functions under the direction of the ministry of colonies, represented in the colony by the procureur general of the court of appeals.
Art. 15. The permanent magistrates shall be nominated by the King. After a period, which shall not exceed 3 years, they shall be renominated for a term of 10 years.
The right of dismissing the procureur general of the court of appeals appertains to the King. He may not, however, either dismiss or suspend the other permanent magistrates, except upon the representation of the procureur general for reasons set forth in the decree and in conformity with the advice of the court of appeals.
At the expiration of their terms of office the magistrates will be entitled to a pension. They may, however, be granted a pension prior to the expiration of [Page 582] the 10-year term, either upon their request, when they shall have rendered 8 years of service in the colony, including the period of preparation, or where they are prevented by reasons of physical incapacity to efficiently discharge their duties. In the latter case the pension shall not be established except upon the advice and agreement of the supreme court of the colony.
The permanent magistrates definitely in discharge of their functions can not be removed without their consent, except in cases of urgent need and for a temporary period. In all cases of removal they shall receive a salary at least equivalent to that which pertained to the office vacated.
The salaries, leaves of absence, and pensions shall be fixed by decree.
Art. 16. The administrative authority shall not hinder, delay, or suspend the procedure of the courts and tribunals.
Nevertheless the King may, for reasons relating to the public welfare, suspend, in any one district and for a fixed time, repressive action of the courts and civil tribunals and substitute for them military control.
Art. 17. Justice shall be rendered and executed in the name of the King.
The sessions of the courts shall be held in public, unless it shall be evident that such publicity may be dangerous to public order and morals, and in such case the court will render its decision by judgment.
All judgments shall be for reasons, and they shall be delivered in public sessions.
The King shall have the right of remitting, of reducing, and commuting the penalties.
Art. 18. The King shall be represented in the colony by a governor general, assisted by one or more vice governors general.
No one shall be admissible to the functions of governor general unless he shall be a Belgian by birth or by naturalization, or when he has exercised one of these offices in the territories of the Independent State of the Kongo.
Art. 19. The executive power can not delegate the exercise of its rights except to persons and to constituted bodies below it in authority. Nevertheless the power and rights delegated by the Independent State of the Kongo to the special committee of Katanga will continue in force until January 1, 1912, unless a decree shall terminate it at a prior date.
The governor general of the colony shall exercise by means of ordinances the executive power which the King has delegated to him.
The delegation of the legislative power is prohibited. Nevertheless, the King may authorize the governor general, in cases of urgent necessity, to temporarily suspend the execution of decrees and to issue ordinances having the force of law. The ordinances of this character shall cease to be binding after the expiration of six months, if they shall not in the meantime have been approved by decree.
The ordinances having the force of law and the general ordinances of administration shall not be binding unless they have been published.
No action shall be taken against the press, except in conformity with the laws and decrees governing such cases.
Chapter IV.—Relating to the Minister of Colonies and the Colonial Council.
Art. 20. A ministry of colonies is created. The minister of colonies is nominated and dismissed by the King. He shall take part in the council of ministers.
The articles 86 and 91 of the Belgian constitution are applicable to him.
Art. 21. A colonial council is established consisting of a president and 14 councilors.
The minister of colonies shall preside over the council. He shall have a voice in the discussion and in case of an equal division a casting vote.
Eight councilors shall be named by the King; six shall be chosen by the legislative chambers—three by the Senate and three by the Chamber of Representatives. They shall be elected by a secret ballot and by a clear majority of the votes cast.
One of the councilors named by the King and one of the councilors named by the chambers shall retire each year. The councilors shall retire according to precedence resulting from time of service.
The rank of those who may have been nominated on the same day shall be determined by drawing lots. The retiring councilors can be renominated.
The functions of a councilor and of a member of the Chamber of Representatives or of the Senate are incompatible.
[Page 583]The officials of the colonial administration in active service can not take part in the council.
Art. 22. The colonial council shall consider all questions which the King may submit to it.
Except in case of urgency the colonial council shall be consulted upon all proposed decrees. The drafts of the decrees shall be submitted to it by the King, accompanied by a statement of the reasons therefor.
The council shall give its advice in the form of an argumentative report within the period fixed by its organic law. The report shall indicate the number of the opposition, as well as their reasons therefor.
If the draft of the decree submitted for the King’s signature does not accord with the recommendations of the council, the minister of colonies shall add to it an expression of his views.
If the council does not determine the matter within the period fixed by its organic law, the decree may be issued by the minister of colonies, accompanied by a statement of the reasons therefor.
The report of the colonial council, and eventually the report of the minister of colonies, shall be published at the same time with the decree.
The decrees issued in cases of urgency shall be submitted to the council within 10 days from their date of issuance; the reasons for the urgency should be indicated to it. The report of the council shall be published not later than one month after the transmission of the decree.
Art. 23. The colonial council shall ask from the Government all the instructions which it may judge necessary in the prosecution of its work.
It may express its views to it.
Chapter V.—Concerning foreign relations.
Art. 24. The King shall make all treaties relative to the colonies.
The stipulations of article 68 of the Belgium constitution relative to treaties shall be applied to the treaties relating to the colony.
Art. 25. The minister for foreign affairs of the Kingdom is charged with the relations of Belgium with foreign powers in the subject of the colony.
Chapter VI.— General provisions.
Art. 26. The decisions rendered in civil and commercial matters by the Belgian courts having force in Belgium have in the colony the same force and shall be executed in full right.
All authenticated legal documents having force in Belgium shall have full force and right in the colony.
The judgments rendered in civil and commercial matters by the courts sitting in the colony having force in the colony shall have in Belgium full force if they conform to the following conditions:
- First, that the decision shall not contain anything contrary to public order or to the principles of Belgian public law;
- Second, that according to the colonial law it shall be in force and binding;
- Third, that in accordance with the same law the copy that is exhibited shall contain the conditions necessary to their authenticity;
- Fourth, when the rights of the defendants have been respected.
The decisions of the courts shall be executed by the civil tribunal; the arbitral judgments and authenticated legal documents by the president of the civil tribunal in the place where the execution must be put in force.
The authenticated legal instruments having force in the colony shall have force in Belgium when they conform to the following conditions: First, when the provisions which it is sought to put in force have nothing contrary to public order or to the principles of Belgian public law; second, when according to the colonial law they contain the conditions necessary to their authenticity.
Art. 27. Anyone under charge of a breach of law committed in the colonies, and found in Belgium, may be taken and tried there by the Belgian tribunals, conformably with the colonial penal code, but according to the forms established by Belgian law.
The investigating tribunal acting in the matter may return the person under charge to the colonial jurisdiction, either upon his request or by virtue of a unanimous decision rendered at a public sitting upon the requisition of the public prosecutor, the person charged being present or having been duly cited.
[Page 584]Anyone under charge of a breach of law committed In Belgium, and found in the territory of the colonies, shall be delivered to the Belgian courts to be judged according to Belgian laws.
The person charged, if the Belgian authorities have not requested his return, may be represented before the Belgian courts by special attorney.
When the breach of the law consists of infractions committed partly upon Belgian territory and partly upon colonial territory, it shall be considered as having been committed in Belgium.
When there are several accomplices, of which some are found in Belgian territory and others in colonial territory, the Belgian tribunals only are competent.
The tribunals competent to try the principals are equally competent to try the accomplices.
The decisions rendered in penal matters by Belgian courts or colonial courts shall have in Belgian territory or in colonial territory the authority of a judgment, and shall have full force therein.
Nevertheless, anyone condemned by the Belgian courts to an imprisonment of not less than six months in prison may serve said sentence in Belgium if he so requests.
Art. 28. In all matters the notification of judicial and extrajudicial acts concerning persons domiciled or resident in the colony is subject in Belgium to the general rules relative to the notification of acts concerning persons domiciled or resident abroad. Nevertheless, the minister of colonies may intervene, if necessary, in representation of the minister for foreign affairs.
Reciprocally, the notification of judicial and extrajudicial acts concerning persons domiciled or resident in Belgium is subject in the colony to the general rules relative to the notification of acts concerning persons domiciled or resident abroad.
The rogatory commissions emanating from competent Belgian and colonial authorities shall have full force in the territory of Belgium and in the colonial territory.
Art. 29. The members of the legislative chambers can not be, during their term of office, paid functionaries, salaried employees, or attorneys for the colonial administration.
From the date of promulgation of the proposed law no member of either legislative chamber can be nominated, nor if he now occupies any of the said positions, at the expiration of the term of office, be renominated a delegate of the Government, an administrator, or a commissioner in stock companies which carry on in Belgian Kongo enterprises with a lucrative object if these functions are in any way remunerative or if the State is a stockholder in the company.
This last prohibition applies likewise to members of the colonial council, to the governor general, to the magistrates, and to the functionaries in the service of the colonial government.
Candidates for the legislative bodies, who exercise functions incompatible with the aforesaid legislative prohibition, although elected, may not be permitted to take the oath of office until they shall have resigned.
The members of the legislative bodies can not be nominated to functions and employments referred to in paragraphs 1 and 2 until at least one year after the termination of their term of office. Nomination to the office of governor general or of vice governor general of the colony shall not be subjected to this delay.
Art. 30. The functionaries and Belgian army officers, authorized to accept employment in the colony, before as well as after annexation, preserve their rank and their right of advancement in the administration or the army which they may have temporarily abandoned.
Belgian minors can not enlist in the colonial army without the written consent of their father, or of their mother when she is a widow, or, where they are orphans, of their guardian. In the last case the authorization ought to result from a family council.
During the period of their active service the Belgian military conscripts can not be authorized to enlist in the colonial army. Any authorization which may be given them in violation of the existing rule of law will be considered as null and void.
Art. 31. Independently of the flag and the great seal of Belgium the colony of the Kongo may make use of the flag and the great seal of the Kongo State.
Art. 32. The decrees, regulations, and other acts now in vigor will preserve their obligatory force, except when such provisions are contrary to the present law, in which case they are abrogated.
[Page 585]Art. 33. Each year, together with the proposed colonial budget, there shall be presented to the Chambers, in the name of the King, a report on the administration of the Belgian Kongo.
This report will contain all the explanations necessary to enlighten the national legislative bodies in the political, economical, financial, and moral situation of the colony.
It shall render account of the disposition during the fiscal year of the annuity provided for in article 4 of the additional act of the treaty of annexation of the Independent State of the Kongo to Belgium.
Art. 34. After annexation the permanent magistrates, the functionaries, and all other agents of the Independent State of the Kongo will preserve their positions for the term and under the conditions provided in the contract of their engagements.