so voluntarily and among them the Congo
Free State which had already been recognised by the whole of Europe as
an independent State. The signatory Powers to that Act did not create,
define the boundaries, or in any way particularly specify the Congo Free
State which is bound by it, therefore, to the same extent only as is
England, France, Germany, or other signatory Powers. All these Powers at
various times have declared that vacant land is Crown property. A German
Imperial Order of November 26th 1895 says that the proprietorship of all
vacant land in German East Africa belongs to the Empire. An Order issued
by the Commissioner of the French Congo of September 26th 1891 runs
"Uncultivated soil and vacant land which nobody legally claims shall be
considered as belonging to the State and shall form part of the colonial
domain[4]." In the British Empire, the right of the Government to
declare vacant lands in the colonies Crown property has been frequently
exercised[5]. In annexing all the vacant lands, the Congo Free State
therefore, has only followed the usual custom practised by all
countries, so that it is obvious these lands are absolutely the property
of the State, which, therefore, has a perfect right either to sell or
lease them to Companies, Missionaries or Traders, or to collect the
produce from them itself.

Indeed it was never intended that the whole Congo Basin should be pegged
out into claims by a host of adventurers without any system, law or
order, for such a proceeding would have speedily led to complete
anarchy. Since then the vacant lands belong to the State, it is obvious
that traders can only acquire landed property either from the State,
from other traders or persons possessing land. Again it is obvious that
a trader only has the right of purchasing the produce of the land from
the owner and although he may buy for example, rubber, which a native
Chief has grown on his own plantation, no Chief may go into the forest
which is State territory, collect the rubber from it and sell it, for
such would be simple robbery.

Now the State imposes regulations upon the concessionary Companies and
traders, which it also observes carefully itself on its own land in
order that the rubber plants shall not be killed and furthermore it
stipulates that all who take rubber juice, shall plant young rubber
trees and vines to replace those which die in process of time. The
supply of rubber is thus assured in the future. In