Скачать книгу

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:

       Table of Contents

      [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.

THE NATIVE HOSPITAL AT BOMA.

       Table of Contents

       Table of Contents

      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 of Williams Brothers. In many of the verandahs, native women wrapped in highly coloured cloths but with bare feet and legs, are working sewing machines or tending their children. Further on is a space laid out in regular squares, in each of which is a well built wooden house raised on piles, and an ornamental garden, the flower beds being bordered either with sea shells or with glass bottles pushed neck downwards into the sand, leaving about two inches projecting above the surface. A little further on is an hotel facing the sea in which is apparently poor accommodation and not much to eat or drink. Beyond this is the native village, consisting of square huts and rough gardens in which some potatoes seem to be growing in spite of the soil and temperature.

      Only about twenty Europeans live at Banana and their chief excitement is the arrival of the steamer. Most of them indeed came off to dinner and held a kind of concert in the saloon afterwards. All night long winches and men were creaking, groaning, and shouting, as some of the cargo was put overboard into two large lighters. It was not however, destined for Banana and was transshipped here only to lighten the Leopoldville so that she could pass a certain bar higher up the river. The cargo consisted of coal in the shape of brickets, cement, rice, oil, cloth, clothes, beads, salt and general provisions. As soon as sufficient had been removed, the two lighters were attached one to each side of the ship and we started up the main stream, which here runs between the south or Portuguese bank and a series of islands. All these are covered with dense forest the only living things visible being great black eagles with white wings. On the left bank of the river we pass Malela, a station for collecting bamboos, and soon after Kissange on the opposite side where palm oil is made and shipped. A little higher up, the country opens out and a range of hills becomes visible in the distance, the plain between being covered with coarse grass six or seven feet high, relieved at intervals by solitary palm trees. This is all Portuguese territory, the Congo State here possessing only a narrow strip of land along the northern bank. The course of the river here is very sinuous, winding in and out among the hills, the curves being cut more sharply each day as the water eats into the sand and carries it to be digested in the great stomach of the Atlantic.

      In this

Скачать книгу