A Journal of a Tour in the Congo Free State. Marcus Roberts Phipps Dorman
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One of the passengers was an English officer, Captain Wheeler, with whom we had played many games of deck cricket on the voyage. First his regulation seventy cubic feet of baggage was lowered—an extraordinary amount, for no one without the aid of a slide rule and logarithms could possibly calculate it—and then he himself made the perilous descent—without a ducking. He would next have 240 miles of train journey to Coomassie and then a walk—or rather a journey in a hammock—for another 300 miles to his station.
We now travel parallel to the Gold Coast which looks hot and uninviting, for there are but few patches of green or trees until Cape Coast Castle is reached. Here is a fort which must have impressed natives and slave dealers greatly in the past, a few houses and an imposing looking church dotted in the red sand. The whole line of the Coast here, somewhat recalls the Atlantic sea board of Georgia, U.S.A. and the towns look as though they would be as hot as Aden at its best or rather worst.
After leaving the Gold Coast, our course is shaped across the Bight of Benin straight for the Congo. There is plenty of time therefore, to study the system of justice in the Congo. This, like everything else in the country, is essentially simple and practical. There is a Court of Première Instance at Boma and others called Territorial Courts at Matadi, Stanley Pool, East Kwango, The Equator, Bangalas, Aruwimi, Stanley Falls and Kassai[1]. In each Court is a Judge, an Officer of the Public Ministry and a Registrar, but in the Territorial Courts, the judge may assume the functions of all. These courts hear all civil cases, whether European or native, but the Court at Boma is alone competent to hear trials for capital offences, whether committed by soldiers or civilians. The Court of Appeal consists of the President, two Judges, an Officer of the Public Ministry and a Registrar, and hears all appeals from the judgments of the other Courts, and also from those given by Courts Martial against civilians who are not natives in those regions subjected to special rule. Natives who commit offences against other natives, are left to be dealt with by the local Chief[2]. The Public Minister can however interfere if he thinks the crime will not be punished if left to the Chief.
The Public Ministry consists of a Procureur d'État appointed by the Sovereign, who acts in the Court of Appeal and of substitutes appointed by the Governor General, who act in the other Courts. Their duty is to discover all infractions of the law in the whole territory of the State and to see that all decrees, arrests, ordinances and penal regulations are carried out. They are especially instructed to arrange that any native who has been injured receives full compensation before any fine is taken to the profit of the State.
Any region can be placed under military law by a decree of the Governor General. Civilians however, are only subject to the ordinary penal laws, and those who are not natives, can appeal against any decision of a Court Martial. In practice these simple methods work admirably and it is difficult to understand why they should not be equally successful in old civilised countries and a good substitute for the complicated and cumbrous machinery of to-day.
FOOTNOTES:
[1] This list is taken from Justice Repressive (État Indépendant du Congo) and is based on a Decree of 1896. Since then other Territorial Courts have been or are about to be added.
[2] Some of the greater Chiefs and Sultans have the power to inflict the death sentence.
THE NATIVE HOSPITAL AT BOMA.CHAPTER II.
Banana to Leopoldville.
The amount of sand in the bath water on the morning of July 12th indicated that we were approaching the mouth of a large river. The Atlantic indeed, which had varied in colour from dirty green near the English Channel to ultra marine at Teneriffe, was now of a fine amber tint. As yet land was not in sight; it was comparatively cool and a slight breeze was blowing. About midday the low lying coast of Central Africa became visible as a dark line and half an hour afterwards a simple break could be seen in this line which was the clearly defined mouth of the Congo. On reference to the chart it became clear that although the lower Congo forms a delta in some places twenty miles in width, all the streams coalesce and flow through an opening not more than five miles wide. On both sides the coast is low lying and well wooded.
As we approach nearer, the northern point resolves itself into the extremity of a peninsula, for one branch of the river turns northward thus leaving a strip of land a few hundred yards wide. We pass through the mouth of the river, thread our way between several buoys, turn up this northern channel and arrive at an anchorage in which eight or nine small ships are riding. As we take up our position a boat leaves the shore flying the Congo Flag, a blue ground with a golden star in the centre. Soon after we go ashore in a «dug out» propelled by Kru boys to the town of Banana, which is built on this sandy peninsula and is thus guarded by sharks on one side and crocodiles on the other. We land at a wooden pier used chiefly for loading canoes. On each side are magnificent palms, some being more than fifty feet high and all bearing many cocoa nuts at this season about half ripe. These palms are not indigenous, but flourish here. The main highway of Banana is a path of clean yellow sand about ten feet wide, shaded by an avenue of these palms and crosses at intervals small tidal streams by rustic wooden bridges. Many tropical trees and shrubs grow on each side of the avenue, and in the bright sunshine the whole forms a very beautiful picture. It is unfortunate that the effect reminds one somewhat forcibly of a transformation scene of a pantomime and thus appears artificial although in reality, it is absolutely natural. The resemblance is still further strengthened by the numerous ladies of the ballet who leisurely stroll along clothed in nature's ebony black. No one seems to know the origin of the name of the town, for the Banana palm is not found here at all.
At the extreme end of the point, and extending inwards for several hundred yards, are the grounds of the Dutch Trading Company, which has been established here for more than fifty years and ships many of the products of the country. The wooden sheds painted white are very picturesque amid the vivid green foliage. Beyond this area is the house of Dr. Carre, the Commissaire of the District of Banana, which like all the other houses in the town is raised on piles above the level of the sand, for the double purpose of ensuring a current of air beneath and of keeping it dry when the peninsula is flooded. It faces the sea and behind is a small garden in which are many meteorological instruments. Among these are an anemometer slowly revolving in the light air, maximum and minimum bulbs in the shade, on the ground and beneath it, a most ingenious sun dial, and a heliometer. Walking inland along the central avenue, we pass some native shops, one of which bears the interesting name