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From the
RUSSELL E. TRAIN AFRICANA COLLECTION
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[ All Uights Reserved.']
MAP OE AFRICA BY TREATY,
By the late SIR E. HERTSLET, K.C.B.
THIRD EDITION:
IN THREE VOLUMES AND A COLLECTION OF MAPS.
Revised and completed to the end of 1908, by R. W. BRANT, Librarian and Keeper oe the Papers, and H. L. SHERWOOD, of the Foreign Oeeice.
Vol. III. Nos. 260 to 382.
GREAT BRITAIN AND GERMANY TO UNITED STATES,
APPENDIX, AND INDEX TO THE THREE VOLUMES.
LONDON:
PRINTED FOR HIS MAJESTY’S STATIONERY OFFICE, BY HARRISON AND SONS, ST. MARTIN’S LANE, PRINTERS in ordinary to his majesty.
And to be purchased either directly or through any Bookseller, from WYMAN AND SONS, Ltd., Fetter Lane, E.C.; and 32, Abingdon Street, Westminster, S.W. ; or OLIVER AND BOYD, Tweeddale Court, Edinburgh ; or E. PONSONBY, 116, G-rapton Street, Dublin.
1909.
Price ( with Vols. I and II and Collection of Maps ) Three Pounds.
N.B. — Although assistance is given towards this compilation from public funds on the ground of its general utility, it must be understood that it is not an official publication, and that the Editors are responsible for its contents.
THE
MAP OF AFRICA BY TREATY.
PART II.
GREAT BRITAIN AND GERMANY
UNITED STATES.
APPENDIX.
cr
31
Wf7
v.3
31^/VoA7
GREAT BRITAIN AND GERMANY.
GREAT BEIT AIN AND GERMANY. #
LIST OF TREATIES, &c.
|
No. 260 |
29 Apr., i 16 June, |
... Arrangement .... |
|
261 |
9 June, 1886 |
... Proces-Verbal |
|
262 |
15 July, 1886 |
... Protocol |
|
263 |
22au!:, 1886 |
... Supplementary Arrangement. |
|
264 til |
• >888 |
... Agreement .... |
|
265 |
4 Dec., 1886 |
... Adhesion |
|
- |
\ Dec., 1886 ... . |
... Agreement |
|
266 |
March, 1887 |
... Agreement |
|
267 |
July, 1887 |
... Agreement |
|
268 |
Dec., 1887 |
... Joint Becom- mendations. |
|
269 |
17 Aug., 1889 |
... Award |
Page
Great Britain and Germany. Spheres of Action. Gulf of Guinea. Bio del Bey. Came- roons. Ambas Bay. St. Lucia
Bay, &c 868
Great Britain, France, and Ger- many. Maritime, Littoral, and Continental Possessions of
Sultan of Zanzibar 874
British Claims in German Pro- tectorates in South - West
Africa. Penguin Islands, &c 877
Great Britain and Germany. Spheres of Action. Gulf of Guinea. Biver Benue. Yola.
(See also Agreement, 15th
November, 1893) 880
Great Britain and Germany. Becognition of Sultan of Zan- zibar’s Sovereignty over Islands and Territories on East African Mainland. Spheres of Influence. Adhesion of Germany to Declaration between Great Britain and France of 10th March, 1862 .... 882
Sultan of Zanzibar to Agreement between Great Britain and Germany of 29th October — 1st November, 1886. Possessions
of Sultan of Zanzibar 887
Great Britain and Zanzibar. Territorial and Insular Limits.
(See Zanzibar.)
Establishment of Trading Sta- tions within Spheres of In-
fluence in East Africa..... 887
Discouragement of Annexations in rear of Spheres of Influence
in East Africa 888
British and German Commis- sioners. Spheres of Influence. Interior of Gold Coast. Togo- land. Yolta 890
Belgium. Difference between British East Africa Company and German Witu Company. Farming of Customs and. ad- ministration of Island of Tamu
3 K
(1714)
* See also Germany.
865
891
GREAT BRITAIN AND GERMANY. [List of Treaties, &c.]
No.
— 22 Oct., 1889
— 14 June, 1890
270 1 July, 1890
271 ~ Oct., 1890
— 4 Nov., 1890
— 19 Nov., 1890
— 1884—1890
— 1884—1890
— 22 Dec., 1890
— 1884—1892
273 14 Apr., 1893
— 8 July, 1893
274 25 July, 1893
275 15 Nov., 1893
276 11 Nov., 1898
277 14 Nov., 1899
278 28 Jan., 1900
— 14 Feb., 1900
— 2^ Apr., 1900
279 23 Feb., 1901
280 '4S£f 1901
— 21 July, 1902
Notification ....
Provisional
Agreement.
Agreement
Exchange of Notes.
Notification .... Notification ....
Notes
Notes
Agreement
Protocol
Notes
Agreement
Protocol
Agreement
Agreement
Protocol
Convention
Exchange of Notes.
Protocol
Exchange of Notes.
Agreement
Convention.
Protocols....,
German Protectorate over Witu, from Northern Frontier of Witu to Southern Frontier of Kismayu. (See Germany.)
Great Britain and Zanzibar. British Protectorate. (See Zanzibar.)
Great Britain and Germany. Spheres of Influence. East,
West, and South-West Africa. 899
Compensation to Sultan of Zanzi- bar for Cession to Germany of coast line between Rivers Urnba and Rovuma, and of Island of Mafia 907
British Protectorate over Zanzi- bar. (See Zanzibar.)
British Protectorate over Witu, Patta, Manda, &c. (See East Africa Protectorate.)
On German Protectorates on West Coast of Africa. (See Germany.)
On German Protectorates in East Africa. (See Germany.)
Great Britain, Germany, and
Italy. Tariff of Eastern Zone of Conventional Basin of the Congo. (See Africa (General).) Boundaries. British and Ger- man Spheres of Influence.
Lake Jipe, Wanga, &c 909
On German Protectorates on South-West Coast of Africa.
(See Germany.)
Boundary. Gulf of Guinea, Rio
del Rey 910
Boundary Commissioners. East
Equatorial Africa 912
Boundary. From the Umba River to Lake Jipe and Kili- manjaro 911
Boundaries and Spheres of In- fluence. From the Gulf of
Guinea into the Interior. Yola.
Lake Chad. Basin of River Shari, Darfur, Kordofan, Bahr
el Ghazal, &c 913
Decisions of Commissioners for the Delimitation of the Nyasa-
Tanganyika Boundary 916
West Africa, Zanzibar, &c 919
Jassin and Umba Valley Boun- dary 921
Jassin and Umba Valley Boun- dary 922
Jassin and Umba Valley Boun- dary 923
British and German Spheres of Interest between Lakes Nyasa
and Tanganyika 925
Boundary. Gold Coast and Togo-
land 927
Commissioners for Delimitation of Gold Coast and Togoland Boundary (foot-note) 935
866
GREAT BRITAIN AND GERMANY. [List of Treaties, &c.]
|
No. |
Page |
|||
|
281 |
12 Deo., 1902 |
... Agreement .. |
Boundary. Yola-Lake Chad .... |
930 |
|
— |
10 Aug., 1903 |
... Protoool |
Boundary Commissioners. De- limitation of Yola Aro |
939 |
|
282 |
24 Feb., 1904 |
... Protocol |
Boundary. Yola-Lake Chad .... |
933 |
|
283 |
25 June, 1904 |
... Exchange Notes. |
of Boundary. Gold Coast and Togo- land north of the 9th degree of North latitude |
935 |
|
284 |
19 Mar., 1906 |
... Agreement .. |
Boundary from Yola to Lake Chad |
937 |
|
16 July, 1906 |
... Exchange Notes. |
of Recording aooeptanoe of above Agreement by the two Govern- ments |
941 |
|
|
285 |
18 July, 1906 |
... Agreement .. |
Boundaries. Territories in East Africa |
942 |
|
— |
11 June, 1907 |
... Order |
Cessation of German Jurisdic- tion in Zanzibar Note |
920 |
(1714)
867
3 K 2
[No. 260
29 Apr., 1885.] (HIE AT BRITAIN AND (GERMANY.
[G-ulf of Guinea. Victoria (Ambas Bay).]
No. 260. — ARRANGEMENT between Great Britain and Germany , relative to their respective Sphere^ of Action in portions of Africa. 29th April — 16th June , 1885.*
(1.) Earl Granville to Count Munster »
M. l’Ambassadeur, Foreign Office, 29 th April, 1885.
In my note o f the 19th ultimo, I had the honour to forward to your Excellency the draft of a Memorandum of Agreement for separating and defining the spheres of action of Great Britain and Germany in those parts of Africa where the Colonial interests of the two countries might conflict, t In the subsequent negotiations it has been, notified that the German Government accept the proposed Agreement with certain modifications. I am consequently now in a position to state that Her Majesty’s Government are prepared, on receiving the assent of the German Government, formally to adhere to the following Arrangement.
Gulf of Guinea and interior Districts .
Great Britain engages not to make acquisitions of territory, accept Protectorates, or interfere with the extension of German influences in that part of the coast of the Gulf of Guinea, or in the interior districts to the east of the following line : that is, on the coast, the right river bank of the Bio del Bey entering the sea between 8° 42' and 8° 46' longitude east of Greenwich ; in the interior a line following the right river bank of the Bio del Bey from the said mouth to its source, thence striking direct to the left river bank of the Old Calabar or Cross Biver, and terminating after crossing that river at the point about 9° 8' of longitude east of Greenwich, marked “ Bapids ” on the English Admiralty Chart.
Germany engages not to make acquisitions, accept Protectorates, or interfere with the extension of British influence in the coast of the Gulf of Guinea lying between the right river bank of the mouth of the Bio del Bey, as above described, and the British Colony of Lagos ; nor in the interior to the west of the line traced in the preceding paragraph.
Victoria, Ambas Bay, to remain a British Possession.
Both Powers agree to withdraw any Protectorates already estab- lished within the limits thus assigned to the other, a reservation being specially made as to the settlement of Victoria, Ambas Bay, which will continue to be a British Possession. J
* See also Arrangements, 27th July — 2nd August, 1886, p. 880; 1st July, 1890, Art. IV, § 2, p. 903 ; 14th April, 1893, p. 910 ; 15th November, 1893, p. 913 ; and 1 9th March, 1906, p. 937.
t See S.P., vol. lxxvi, p. 755.
j A Notification of the assumption of British Sovereignty over Ambas Bay was issued on the 19th July, 1884. H.T., vol. xvii, p. 57. Transferred to Germany, 28th
March, 1887. See note, p. 871.
868
No. 260]
ORE AT BRITAIN AND OERMANY. [7 May, 1885. [East Coast (St. Lucia Bay). Natal to Delagroa Bay.]
East Coast. British Flag at Santa Lucia Bay.
Germany engages to withdraw her protest against the hoisting of the British flag at Santa Lucia Bay.*
Coast between Natal and Delag oa Bay.
And to refrain from making acquisitions of territory, or establishing Protectorates on the coast between the Colony of Natal and Delagoa Bay.
I shall be glad to receive from your Excellency a formal notification that the German Government accept the arrangement above recorded.
I have, &c.,
GBANVILLE.
(2.) Earl Granville to Count Munster.
Victoria , Ambas Bay.
M. l’Ambassadeur, Foreign Office, 29th April, 1885.
Your Excellency is aware that, in the Agreement for defining the limits of the territorial jurisdiction of Great Britain and Germany on the West Coast of Africa in the neighbourhood of the Cameroons,f which I proposed to Count Herbert Bismarck, and of which I am to- day requesting the formal acceptance by the German Government, I made an express exception as regards Ambas Bay, on account of the rights there of a settlement of Baptist missionaries whom Her Majesty’s Government could not undertake to transfer against their will to German jurisdiction.
I stated, however, at the time, and I have the authority of the Secretary of State for the Colonies to repeat, that if the German Govern- ment should be able themselves to come to a satisfactory arrangement with the missionaries, there being no political necessity involved, the difficulty as to the cession of Ambas Bay would disappear, and Her Majesty’s Government would be ready to agree to its being included in the territories to be placed, in accordance with the arrangement, under German protection .$
I have, &c.,
GRANVILLE.
(3.) Count Munster to Earl Granville.
(Translation.)
My Lord, German Embassy, London, 1th May, 1885.
I have had the honour to receive your note of the 29th ultimo on the subject of the negotiations between the Imperial Government and Her Majesty’s Government with regard to a separation and definition
* See British South Africa (Natal and Zululand), p. 197. f See Note, p. 915, on the “ Hinterland.” t See note, pp. 868, 871.
869
7 May, 1885.] GREAT BRITAIN AND GERMANY. [No. 260
[Gulf of Guinea. East Coast (St. Lucia Bay).]
of their respective spheres of influence in the territories on the Gulf of Guinea.
An understanding of the following nature is therein proposed : — Gulf of Guinea.
Great Britain engages not to make acquisitions of territory, accept Protectorates, Or interfere with the extension of German influence in that part of the coast and interior of Guinea which lies east of the line which is drawn through the right river bank of the Bio del Key* which enters the sea between 8° 42' and 8° 46' east longitude to its source, and thence in a straight line turns to the left towards the left river- bank of the Old Calabar or Cross Biver, and crossing that river, termi- nates at a point about 9° 8' of east longitude, marked “ Kapids ” on the English Admiralty Chart.
Germany engages not to make acquisitions, accept Protectorates, or interfere with the extension of British influence in that part of the coast and interior of Guinea which lies between the line as above described, beginning at the mouth of the Bio del Key* and the British Colony of Lagos.
Victoria , Ambas Bay.
Both Powers agree to withdraw all Protectorates which they have already established within the limits hereafter assigned to the other party, a reservation being specially made as to the Settlement of the missionaries at Victoria, Ambas Bay, which will continue to be a British possession.-!*
East Coast. British Flag at Santa Lucia Bay.
Germany declares herself ready to withdraw her protest against the hoisting of the British flag at Santa Lucia Bay. J
Coast between Natal and Delagoa Bay.
And to refrain from making acquisitions of territory or establishing Protectorates on the coast between the Colony of Natal and Delagoa Bay.
German Acceptance of Arrangement.
Your Lordship having informed me by your note of the 29th ultimo, above referred to, that, as soon as the German Government declares its assent, the British Government are ready to formally recognize the arrangements proposed above as binding, I have been authorized to declare the acceptance on the part of the Imperial Government of this arrangement.
I have, &c.,
MUNSTEB.
* Rio del Rey Creek. See Agreements, 1st July, 1890, Art. IV, § 2. p. 903 ; 14th April, 1893, p. 910 ; 15th November, 1893, p. 913; and 19th March, 1906, p. 937.
t See Note of same date, next page.
j See British South Africa (Natal and Zululand), p. 197.
870
No. 260]
-GREAT BRITAIN AND GERMANY, [Gulf of Guinea. Commerce.]
[16 May, 1885.
(4.) Count Munster to Earl Granville.
Victoria , Arnbas Bay.
(Translation.)
My Lord, German Embassy , London , 1th May , 1885.
In yonr note of the 29th ultimo on the subject of the definition of the spheres of British influence of Germany and England in the Gulf of Guinea, it is stated that the Settlement of Victoria, Ambas Bay, remains for the present a British possession.
By your note of the same day with reference to the negotiations which have taken place relative to the cession of Ambas Bay, your Excellency has, however, in conjunction with the Secretary of State for the Colonies, repeated the assurance given to Count Bismarck, that the cession of Ambas Bay presents no political difficulties, and that the English Government would agree to it as soon as the German Government could come to an understanding with the English Mission Society.*
In acknowledging the receipt of this communication, and taking note of the understanding of the two Governments with regard to its contents, I take the opportunity of, &c.
MUNSTEB.
(5.) Earl Granville to Count Munster.
Commercial Relations. i
M. l’Ambassadeur, Foreign Office, 1 6th May, 1885.
Dr. Krauel, in his recent interviews respecting the arrangement now concluded regarding the Protectorates of Great Britain and Germany on the African coast, stated that it is the wish of the German Government that the settlement of the boundary between the British and German Protectorates on the Gulf of Guinea should be followed by negotiations for a commercial arrangement insuring equality of treatment for the trade of the two countries in the respective Pro- tectorates.
It was pointed out that while Her Majesty’s Government fully accepted the principle of equality of treatment, it was premature to negotiate the adoption of formal engagements as the question of the administration of the Protectorates must first be settled. Dr. Krauel urged that at any rate such assurances might be exchanged as might satisfy traders that there would be no differential treatment, and that no excessive duties would be imposed. These assurances Her Majesty’s Government have no difficulty in giving, and I have consequently to request your Excellency to convey to the German Government the following expression of their views and intentions : —
Her Majesty’s Government cannot at present make any definite declaration as to the limit of duties to be imposed, bufc they are pre-
* Victoria was transferred to the Sovereignty of Germany, 28th March, 1887, sine© which date it has formed part of the German Protectorate of the Cameroon^,
871
2 June, 1885.] G-REAT BRITAIN AND GERMANY. [No. 260
[Gulf of Guinea. Commerce.]
pared to give the assurance that those duties will be levied solely for the purpose of meeting the expenses necessary to enable them to carry out the obligations imposed upon them by the Protectorates, and that they will be as moderate as possible.
They are prepared to give every assurance that there shall be no differential treatment of foreigners or foreign goods.
They will be fully prepared to apply to the British Protectorates the provisions of the second paragraph of the Yth Article of the Act of Berlin (Mo. 128), which secures protection to the persons and property of foreigners, and to engage that there shall be no differential treatment of foreigners as to settlement or access to the markets, it being understood that the regulation of these questions must be subject to administrative dispositions in the interests of commerce and of order.
They are ready to undertake that no less than four months’* notice shall be given by the local authorities of the adoption of any alteration in the Tariff of duties.
I have to request your Excellency to explain that these assurances are given subject only to the receipt of a reciprocal undertaking from the German Government as regards the German Protectorates, and I shall be glad to learn from your Excellency whether the German Government are prepared to give such an undertaking.
I have, &c.,
GRANVTLLE.
(6.) Count Munster to Earl Granville .
Commercial Arrangements .
(Translation.)
My Lord, German Embassy , London, 2nd June, 1885.
In your note of the 16th ultimo you communicated to me a resume of the Rules which the British Government are prepared to observe for the regulation of trade and commerce in the territories on the Gulf of Guinea which are under their protection. You added that the engagement bo carry out these Rules was made on the understanding that assurances of a similar nature would be given on the part of the Imperial Government as to the German Protectorate on the Gulf of Guinea.
I did not omit to bring your above-mentioned note to the notice of my Government, and I am now authorized to make the following answer : —
With respect to the promises made by the British Government, the Government of His Majesty the Emperor declares itself ready to make the following engagements with regard to its Protectorates on the Gulf of Guinea :
* The period of four months here stipulated was reduced to one month by Agree- ment between Great Britain and Germany of JjwMay, 1893. See S.P., vol. lxxxv5. p. 836.
872
No. 260]
GREAT BRITAIN AND GERMANY. [10 June, 1885. [Gulf of Guinea. Commerce.]
Customs shall only he raised to such an amount as may be con- sidered sufficient to cover the expenses arising from the taking over of the Protectorate.
The customs rates shall be fixed as low as possible, without, however, being confined to any fixed maximum.
There shall be no differential treatment of British subjects or British goods.
Security of Persons and Property of Foreigners .
The conditions in Section 2 of Article V of the General Act of the Berlin Conference of the 26th February last (No. 128), which provided for the security of the persons and property of foreigners, shall be applicable to British subjects in German Protectorates ; and with the reservation of certain Governmental regulations in the interests of trade and public order, no differential treatment of British subjects with regard to their establishment at or communications with the markets shall take place.
Any changes in the Customs Tariff shall be made known at least four months* before their execution by the local authorities.
I have, &c.,
MUNSTER.
(7.) Earl Grmville to Baron Plessen.
Commercial Relations
M. le Baron, Foreign Office, 10 th June , 1885.
I have the honour to request that you will be good enough to furnish me with an explanation of the point which is not altogether clear in the note Irom his Excellency Count Munster of the 2nd instant, on the subject of the commercial relations of Great Britain and Germany in the territories in the Gulf of Guinea under their Protectorate.
In my note of the 16th May I said that Her Majesty’s Government would be ready to give every assurance that there should, in the British Protectorate, be no differential treatment of foreigners. I added that they would be prepared to engage that there should be no differential treatment as to settlement or access to the markets, it being under- stood that the regulation of these questions, as well as of the applica- tion of the provisions of Article V of the Act of Berlin (No. 128) must be subject to administrative dispositions in the interests of com- merce and of order.
In Count Munster’s reply a corresponding general assurance was given as to differential treatment, and in response to the suggestion as to the additional engagement, the following words are used : “ es soil .... vorbehaltlich gewisser Yerwaltungs Vorschriften im Interesse des Handels und der offentlichen Ordnung, keine ungleiche
* The iperiod of four months here stipulated was reduced to one month by Agreement between Great Britain and Germany of May, 1893. See S.P., vol. lxxxv, p. 836,
873
[No. 261
9 June, 1886.] GREAT BRITAIN, FRANCE, AND GERMANY.
[Zanzibar Possessions.]
Behandlung von Englischen Unterthanen in Bezug auf Niederlassung oder Zugang zu den Handelsmakten gestattet sein.” I have the honour to inquire whether the meaning of these words is that the equality of treatment of British subjects as to settlement or access to markets is subject to regulations to be made from time to time ; and if this is the meaning, as it doubtless will have arisen from a misconception of the phrase used in my note, I have to explain that the assurance which it was intended that the two Governments should exchange was that there should be absolute equality of treatment on these points. In making the reservation respecting regulations my object was to let it be under- stood that foreigners would be subject, equally with British subjects, to such rules as regards settlement and access as the Administration might think proper to impose.
I have, &c.,
GRANVILLE.
(8.) Earl Granville to Sir E. Malet.
Commercial Relations.
Sir, Foreign Office , 16^ June , 1885.
Baron von Plessen called to-day and stated that he had been instructed to explain, in reply to my note to Count Munster of the 10th instant, that the passage in his Excellency’s note to which I had referred was meant to be a translation of the corresponding passage in my note of the 16th May. He said that he was authorized to state that the German Government understood the assurance given by them in the same sense as that in which Her Majesty’s Government inter- preted the assurance given on the part of England.
I have, &c.,
GRANVILLE.
No. 2B1 — PROCE S-VERBAL, containing the unanimous opinions of the Delegates of Great Britain , France, and Germany, ivith reference to the Maritime, Littoral, and Continental Possessions of the Sultan of Zanzibar. Zanzibar, 9th June, 1886.*
(Translation.)
The Delegates of the three Powersf declare by these presents that they unanimously recognize the sovereign rights of His Highness the Sultan of Zanzibar at the points mentioned below.
N.B. — The Commission has adopted as measure for distance the geographical mile of sixty to the degree.
* S.P., vol. lxxvii, p. 1128.
t Great Britain, France, and Germany. Lt.-Col. Kitchener (now Lord Kitchener of Khartoum) was appointed British Commissioner on the 17th October, 1885. For instructions given to him by the Marquis of Salisbury, see Par. Pap. “ Zanzibar, No. 3 (1887),” p. 73. This “ Proces- Verbal ” was accepted by the British and German Governments by an Exchange of Notes, dated 29th October and 1st November, 1886
874
No. 261] GREAT BRITAIN, FRANCE, AND GERMANY. [9 June, 1886.
[Zanzibar Possessions.]
Islands of Zanzibar and Pemba.
1. The Islands of Zanzibar and of Pemba, and the small islands which are geographically dependent upon them, that is to say, those lying within a radius of 12 miles round the said islands.
Coast and neighbouring Territories .
2. As regards the coast and the neighbouring territories, extending from the southern frontier and running northwards.
Minengani and Tunghi .
Minengani and Tunghi : The southern frontier of the States of the Sultan may be defined by a line which, following the Minengani River for a distance of 5 miles, would continue on the line of latitude until it touched the right bank of the Rovuma.
• Bay of Mikindani, Lindi, Mehinga Kiswere, Kilwa-Kiswani, and Kilwa-Kivingi.
3. The Bay of Mikindani, Lindi, Mehinga Kiswere, Kilwa-Kiswani, and Kilwa-Kivingi ; the line limiting the territories possessed by the Sultan would run parallel with the coast for a distance of 10 miles until it reached the latitude o? Kilwa-Kivingi ; it would then run as far as the coast, leaving a radius of 10 miles round this last point.
Island of Mafia, Samanga, Kikounya, Iiisijou, and Dar-es-Salam.
4. The Island of Mafia, Samanga, Kikounya, Kisijou, and Dar-es- Salam, with the territories adjoining each of these points within a radius of about 10 miles.
Bagamoyo, Saadani, Pangani and Wanga.
5. Bagamoyo, Saadani, Pangani, and Wanga, with all the coast situated between Dar-es-Salam and Wanga, and the territories belong- ing to them, with a depth of 3 miles : The line of demarcation, starting from a radius of 10 miles round Dar-es-Salam, would extend to the latitude of the town of Bagamoyo, and would then run straight to the village of M’toni, situated on the River Kingani, and after following the right bank of that river to a distance of 3 miles from the coast, it would run northwards and, keeping at a distance of 3 miles from the coast, as far as Cape Utoudwe, in order, from that point, and in a direct line,
(see p. 882) ; and by the Sultan of Zanzibar, by an Exchange of Notes, dated 3rd and 4th December, 1886 (see Zanzibar, p. 304). On the 28th November, 1884, Prince Bismarck assured Sir E. Malet that Germany was not endeavouring to obtain a Pro- tectorate over Zanzibar ; and in a Note which Sir E. Malet addressed to Count Hatz- feldt, on the 18th January, 1885, an explanation was given of the interest which the British Government felt in the maintenance of the sovereignty of the Sultan of Zanzibar, whose independence, it was stated, they desired to support. In this Note it was pointed out that, since the division in 1861 of the Kingdoms of Muscat and Zanzibar, under separate Sultans, Her Majesty’s ships had kept the peace in Zanzibar waters, and had maintained an active and successful hostility against the Slave Trade, in the cause of humanity and civilization (Par. Pap. “ Africa, No. 1 (1886) ”). fc ;
9 June, 1886.} GREAT BRITAIN, FRANCE, AND GERMANY. [No. 261
[Zanzibar Possessions.]
to become a tangent to a radius of 10 miles round tlie town of Saadani. At Saadani and Pangani the line of demarcation would radiate 10 miles round each point ; the radii thus formed would be connected by a line running parallel to the coast, at a distance of 10 miles. From the Pangani radius the line of demarcation, striking this radius at a distance of 5 miles from the coast, would run in a northerly direction parallel to this, and would terminate at a point placed 5 miles to the west of Wanga.
Mombaze ( Mombasa ) and Takaungo,
6. Mombaze and Takaungo : The line marking the depth of the Possessions of the Sultan would proceed from the point specified to the West of Wanga, parallel to the coast, and at a distance of 5 miles from the latter, to the line of latitude of the mouth of the small river which runs into the Bay of Gazi to the south of the village of that name, where it would stop, in order to recommence, after a break correspond- ing with that of the coast, on a line of latitude to 2 miles to the north of the village of Gazi, and 5 miles from the coast. Continuing towards the north and parallel to the coast at a distance of 5 miles it would come into contact with a radius of 10 miles round Mombaze, and from the north of this radius, always at a distance of 5 miles from the coast, it would run into the right bank of the Kilifi, taking in Takaungo.
Malindi, Mambrui, Kau * Kipini, and Lamou.
7. Malindi, Mambrui, Kau, Kipini, and Lamou : At Malindi and Mambrui the line of demarcation would radiate to 5 miles round each point. At Kau and Kipini the land under the Sultan’s sway would be limited to that occupied by the town, and at Lamou the authority of His Highness would be confined to the island.
Limits of Kismayu, Brava , Meurka , and Magadisho*
8. Kismayu, Brava, Meurka, and Magadisho : The territory belong- ing to the Sultan does not extend beyond that circumscribed within the walls of those towns.
Reservation.
Express reservation is made by the three undersigned Delegates to refer to their respective Governments the claims of His Highness the Sultan of Zanzibar to the possession of the territories and countries to which the unanimous opinions contained in the present proces- verbal do not refer.
Done at Zanzibar, 9th June, 1886.
H. H. KITCHENER. SCHMIDT. LEMAIRE.
* See also Agreement between Great Britain and Germany, October — November,
1886, p. 882.
876
No. 262] GREAT BRITAIN AND GERMANY. [15 July, 1886.
[South-West Africa. British Claims.]
No. 262. — PROTOCOL signed between the British and German Re- presentatives respecting the rights of British Subjects in the South- West African Territories under German Protection. Berlin, 15 th J uly, 1886*
Protocol.
The Undersigned Commissioners, having met and discussed fully those British claims in the territories placed under German protection in South-west Africa, upon which Messrs. Bieber and Shippard, the Commissioners at Cape Town, had disagreed, f agree to submit to their Governments the following recommendations : —
1. Ebony Mines .
That if Robert Lewis or his assigns desire to work this mine, he or they be at liberty to do so, and to convey the ore to the coast until the 21st of September, 1898, without payment to and without hindrance or interference by the Colonial Company.
2. Sandwich Harbour.
That Mr. Anders Ohlson (trading as A. Ohlson and Co.) and Messrs. De Pass, Spence, and Co. respectively, be held to have acquired a full title in perpetuity for themselves and their assigns to the lands and buildings which they respectively have heretofore occupied in Sand- wich Harbour for the purposes of the fishery, together with the right to each firm of taking at any time any other sites on the shore of this harbour, and of erecting buildings thereon, should the sand, as has happened before, shift so as to render useless the land which is now, or at any future time may be, occupied by the buildings ; it being under- stood that any site so taken becomes the absolute property of Messrs. De Pass, Spence, and Co., or of Mr. Ohlson, or their respective assigns, as the case requires, and that they have no further claim to the land which they previously occupied ; but that neither firm nor their assigns are entitled to take any site occupied by other persons, nor to take any site the occupation of which would interfere with other persons.
Sandwich Harbour. Coast Fishery.
That it should be further recognized that the firms of A. Ohlson and De Pass, Spence, and Co. have the right of coast fishery in Sandwich Harbour, and along the coast between Sandwich Harbour and the point 23° 20' S. lat., 14° 31' E. long., with the right of landing on and using for fishery purposes any part of the coast not in the private posses- sion of third parties, subject always to the observance of any laws and regulations which may be issued by the competent authorities. The said firms shall not, however, have any right to hinder other persons
* H.T., yoI. xvii, p. 1172. S.P., vol. lxxvii, p. 1042. Approved by British and
German Governments (see p. 879). t See S.P., vol. lxxv, p. 547.
15 July, 1886.] ORE AT BRITAIN AND GERMANY. [No. 262
[South-West Afrioa. British Claims. Penguin Islands, &c.]
from also fishing there, or from establishing themselves in Sandwich Harbour.
3. Hottentot Bay.
That Messrs. De Pass, Spence, and Co. have in like manner acquired a full title in perpetuity for themselves and their assigns to the guano deposits at Hottentot Bay, and to the land which they now occupy there for carrying on fishery or collecting of guano.
4. Unnamed Islets and Rocks ( Penguin Islands , Shark Islands, &c.).
Expiry of Lease, 30 th June, 1895.
That Messrs. De Pass, Spence, and Co. and their assigns be free to make use, as they have hitherto done, of these islets and rocks, including Shark Island, without payment until the expiry of their lease, that is to say, until the 30th June, 1895 ; and if the British Government waive all claim to the sovereignty of these islands and rocks and acknowledge the sovereignty of Germany over them, then that the latter Power should consent to confer no private rights over them to any persons other than the lessees for the time being of the 12 British Islands named in the Letters Patent of the 27th February, 1867 *
Upon this understanding the British Commissioner will recommend his Government to acknowledge forthwith the sovereignty of Germany in these islets and rocks.
5. Mainland Claims. Pomona Mine.
That Messrs. De Pass, Spence, and Co. should be held to have acquired for themselves and their assigns a full title in perpetuity to the Pomona Mine, with two English miles of land round the mine on every side ; and that they should have the right to use the lagoon for their vessels, and to make use of the land round the lagoon for all purposes as they have done hitherto, without payment and without hindrance or disturbance by the Colonial Company, and if irreconcilable disputes between the firm and the company should arise as to the proper exercise of these rights on land, then that the chief officer of the German Government within the Protectorate shall allot to Messrs. De Pass, Spence, and Co., or their assigns, sufficient land for the purposes of their business, conveniently situated on the shore of the lagoon, and that the land so allotted shall become the absolute property in perpetuity of the persons to whom the same is allotted, but that such allotting of land shall in no way affect or lessen their right to use the lagoon for their vessels.
CHARLES S. SCOTT.
R. KRAUEL.
Berlin, July 15, 1886.
* Ichaboe, Hollansbird, Mercury, Long Island, Seal Island, Penguin Island, Halifax, Possession Island, Albatross Rock, Pomona, Plum Pudding and Roast Beef (or Sinclair Island). S.P., vol. lxvii, p. 554. See also vol. Ixxv, p. 551. See British South Africa (Cape Colony), p. 161 Bird Island is in Walfisch Bay, Shark Island in the Bay of Angra Pequena.
878
No. 262]
GREAT BRITAIN AND GERMANY. [15 July, 1886. [South-West Africa. British Claims.]
Approval by the British and German Governments of the above Protocol .
(1.) British Approval. 23 rd October , 1886.
M. le Secretaire d’Etat,
Her Majesty’s Government have had under their consideration the Protocol, signed by Dr. Krauel and Mr. Scott, containing the joint recommendation of the Imperial and British Commissioners for a settle- ment of certain outstanding British claims in the Imperial Protectorate of South-west Africa, in regard to which the Commissioners at Cape Town failed to arrive at an agreement. I have now the honour to inform your Excellency, by direction of Her Majesty’s Principal Secretary of State for Foreign Affairs, that the arrangements embodied in the Protocol in question are approved and accepted by Her Majesty’s Government. In acquainting your Excellency with this decision, I am to add that Her Majesty’s Government would be glad to be in- formed whether the Imperial Government in like manner approve and accept the arrangement in question.
I have, &c.,
EDWARD E. MALET.
H.E. Count Bismarck .
(2.) German Approval .
(Translation.)
German Embassy , London,
My Lord, November 13, 1886.
In a note of the 23rd ultimo the British Ambassador in Berlin *
informed the Imperial Government that his Government agreed to the proposals contained in the Protocol, the German version of which is herewith inclosed, respecting the rights of British subjects in the South- west African territories under German protection, which Protocol was signed on the 15th of July last by Mr. Scott, the First Secretary of the English Embassy in Berlin, and Dr. Krauel, Privy Councillor of Lega- tion.
Sir Edward Malet stated, at the same time, that the British Govern- ment wished to be informed whether the Imperial Government also agreed to the proposals in question.
In reply, I am instructed to express the concurrence of my Govern- ment in the proposals made in the enclosed Protocol.
The Imperial Government is prepared to take the necessary steps to communicate the provisions of the Protocol to those interested, and as far as necessary to superintend the execution of those provisions through the Imperial officials in the protected territory.
I have, &c.,
The Earl of Iddesleigh. v. HATZFELDT .
879
27 July, 1886.]
GREAT BRITAIN AND GERMANY. [Gulf of Guinea, River Benue, Yola.]
[No. 263
No. 263.—# U PPLEMEN TAR Y ARRANGEMENT between Great
Britain and Germany , relative to their respective Spheres of Action
in the Gulf of Guinea. 27th July — 2nd August , 1886.*
(1.) The Earl of Rosebery to Count Hatzfeldt.
M. l’Ambassadeur, Foreign Office , 27 th July, 1886.
On the 29th April, 1885,*j* * § Earl Granville notified to his Excellency Count Munster the adherence of Her Majesty’s Government to an Arrangement under which a specified line of demarcation would separate the districts on the Gulf of Guinea within which Great Britain and Germany would respectively be free to acquire territory, accept Protectorates, and exercise influence. On the 7th of the ensuing month Count Munster notified the acceptance of the Arrangement by the German Government. J
The line agreed upon follows in the interior the right river-bank of the Rio del Rey§ from the mouth of the river to its source, thence strikes direct to the left river-bank of the Old Calabar, or Cross River, and terminates, after crossing that river, at the point, about 9° 8' of longitude east of Greenwich, marked “ Rapids ” on the English Admiralty Chart.
The German Government have proposed an extension of the line into the interior. Her Majesty’s Government have accepted the pro- posal. The suggestions of Her Majesty’s Government as to the direc- tion which the extended line should take, and as to its limitation, have been adopted by the German Government.
I have, consequently, now formally to state that Her Majesty’s Government are prepared, on receiving the assent of the German Government, to agree to an extended line of demarcation, which, starting from the point on the left river-bank of the Old Calabar or Cross River, where the original line terminated, shall be continued diagonally to such a point on the right bank of the River Benue to the east of, and close to, Yola,|| as may be found on examination to be practically suited for the demarcation of a boundary.
Her Majesty’s Government undertake to apply to the districts to the west of the extended line the assurances as to the regulation of trade given in Earl Granville’s note of the 16th May, 1885, provided that the German Government give- reciprocal assurances as regards the districts to the east of the line corresponding with those given in Count Munster’s note of the 2nd June, 1885.**
* S.P.. vol. lxxvii. p. 1049. See also Agreements, 1st July, 1890, p. 899 ; 14th April, 1893, p. 910 ; 15th November, 1893, p. 913 ; and 19th March, 1906, p. 937.
f Page 868.
J Page 869.
§ Rio del Rey Creek. See Agreements, 1st July, 1890, Art. IV, § 2, p. 903, and 14th April, 1893, p. 910.
|| See Agreements, 15th November, 1893, p. 913, and 19th March, 1906, p. 937.
Page 871.
** Page 872.
880
No. 263]
GREAT BRITAIN AND GERMANY. [Gulf pf Guinea, River Benue, Ypla.]
[2 Aug., 1886.
I should be glad to receive from your Excellency a formal notifica- tion that the German Government accept the line and give the requisite assurances.
I have, &c.,
ROSEBERY.
(2.) Count Hatzfeldt to the Earl of Rosebery.
(Translation.)]
My Lord, German Embassy , 2nd August , 1886.
Supplementing the notes of the 29th April and 7th May of last year, exchanged between Count Munster and Lord Granville respecting the delimitations of the German and English spheres of interest on the Gulf of Guinea,* your Lordship was so good as to inform me, in the note of the 27th ultimo, that the Royal Government of Great Britain is ready to undertake with the Imperial Government a further delimita- tion in those territories. In the above note an Agreement is proposed in substance as follows : —
From the terminal point, indicated in the English Admiralty Chart, as “ Rapids,” of the original frontier-line fixed by the 29th April and 7th May of last year, *j* shall bs produced a further line, which, starting from the Old Calabar rapids, shall pursue a diagonal direction towards a point on the right bank of the River Benue, situate to the east, and in the immediate vicinity of the town of Yola, and which shall prove, upon investigation, to be practically suitable for the determination of this line.J
The Government of Her Majesty the Queen gives the assurance that the Regulations respecting trade, as laid down in Lord Granville’s note of the 16th May, 1885, § shall also apply to the territory lying to the west of the new prolonged boundary-line, provided that the Im- perial Government tenders an assurance analogous to that of Count Munster’s note of the 2nd June, 1885,|| for the districts situate to the east of the new line.
Your Lordship was so good as to add that the Royal Government of Great Britain is prepared to acknowledge the above Agreement as binding, if it meets the consent of the Imperial Government. I am accordingly charged, and have the honour to reply to your Lordship, that the Imperial Government gives its assent to the Agreement proposed by your Lordship.
With, &c.,
v. HATZFELDT.
* Page 868.
f See Agreement, 29th April — 16th June, 1885, p. 868.
X See Notifications, British Protectorate of the Niger Districts, 5th June, 1885, p. 123, 18th October, 1887, p. 127, and 13th May, 1893, p. 154. See also Arrangement, 15th November, 1893, p. 913; and Agreement, 19th March, 1906, p.937.
§ Page 871.
|| Page 872.
3 L
(1714)
881
29 Oct., 1886.] GREAT BRITAIN AND GERMANY.
[Zanzibar. British and German Spheres of Influence,]
[No. 264
No. 264.— -AGREEMENT between the British and German Govern- ments, respecting the Sultanat of Zanzibar and the opposite East African Mainland, and their Spheres of Influence. 29 th October— ls£ November, 1886.*
(1.) Count Hatzfeldt to the Earl of Iddesleigh.
(Translation.)
My Lord, German Embassy, London, 2§th October, 4886.
The Government of His Majesty the Emperor and that of Her Britannic Majesty having agreed to regulate various questions con- nected with the Sultanate of Zanzibar and the opposite East African mainland by means of a friendly understanding, verbal communications have with this object taken place, at which the following articles have been agreed upon -
Recognition of Sovereignty of Sultan of Zanzibar over Islands of Zanzibar, Pemba, Lamu, Mafia, <&c.
1. Germany and Great Britain recognize the sovereignty of the Sultan of Zanzibar over the Islands of Zanzibar and Pemba, and over the smaller islands which lie in the neighbourhood of the above within a radius of 12 sea miles, as well as over the Islands of Lamu and Mafia.f
Recognition of Sultan of Zanzibar's Sovereignty over certain Territories on the mainland.
On the mainlandf they likewise recognize as possessions of the Sultan a line of coast which stretches without interruption from the Minengani River at the head of Tunghi Bay to Kipini. This line commences on the south of the Minengani River, follows the course of that river for 5 sea miles, and continues thence on the line of latitude to the point where it strikes the right bank of the Rovuma River, crosses the Rovu- ma, and runs down its left bank.
The coast-line has an internal depth of 10 sea miles measured from the coast direct into the interior from high-water mark.
Kau.
The northern limit includes Kau.
Kismayu, Brawa, Meurka, Magadisho and War sheik.
To the north of Kipini the said Governments recognize as belonging to the Sultan the stations of Kismayu, Brawa, Meurka, and Magadisho, with radii landwards of 10 sea miles, and of Warsheik with a radius of 5 sea miles.f
* S.P., vol. lxxvii, p. 1130. The Sultan of Zanzibar adhered to this Agreement on the 4th December, 1886, see p. 887. f See Agreement, 1st July, 1890, p. 899.
882.
No. 264] GREAT BRITAIN AND GERMANY. [29 Oct., 1886.
[Zanzibar. British and German Spheres of Influence.]
Leasing to German African Company of Customs Duties at Dar-es-Salaam and Pangani .
2. Great Britain engages to support negotiations of Germany with the Sultan for the leasing to the German African Company of the customs duties at the ports of Dar-es-Salaam* and Pangani, in return for an annual payment to the Sultan by the Company.
Respective Spheres of Influence to he defined.
3. Both Powers agree to establish a delimitation of their respective spheres of influence on this portion of the East African Continent of the same character as that to which they have agreed as regards the territories on the Gulf of Guinea. f
Territory referred to in Arrangement. %
The territory to which this arrangement applies is bounded on the south by the Rovuma River, and on the north by a line which, starting from the mouth of the Tana River, follows the course of that river or its affluents to the point of intersection of the Equator and the 38th degree of east longitude, thence strikes direct to the point of inter- section of the 1st degree of north latitude with the 37th degree of east longitude, where the line terminates.
Line of Demarcation.
The line of demarcation starts from the mouth of the River Wanga or Umbe, runs direct to Lake Jipe, passes thence along the eastern side and round the northern side of the lake and crosses the Lumi River ;
Taveita and Chagga ( Kilimanjaro District).
After which it passes midway between the territories of Taveita and Chagga, skirts the northern base of the Kilimanjaro range, and thence is drawn direct to the point on the eastern side of Lake Victoria Nyanza which is intersected by the 1st degree of south latitude.
Mutual Engagements to respect Spheres of Influence.
Germany engages not to make acquisitions of territory, accept Protectorates, or interfere with the extension of British influence to the north of this line ; and Great Britain makes the same engagement as regards the territories lying to the south of this line.
Kilimanjaro Districts.
4. Great Britain will use her good offices to promote a friendly arrangement of the rival claims of the Sultan and the German East African Company to the Kilimanjaro districts. §
* The German flag was hoisted 1st January, 1891.
t See Supplementary Agreement, Great Britain and Germany, 2nd Aug7’ 188(3* p. 880. t See note, respecting the Island of Lamu, p. 885,
§ See p. 887.
(1714) 883
3 L 2
1 NOV., 1886.] GREAT BRITAIN AND GERMANY.
[Zanzibar, British and German Spheres of Influence.]
[No. 264
W itu*
5. Both Powers recognize as belonging to Witu the coast-line which commences to the north of Kipini and continues to the northern extremity of Manda Bay.
Invitation to Sultan of Zanzibar to accede to Berlin Act .
6. Great Britain and Germany will jointly invite the Sultan to accede to the Act of Berlin, 26th February, 1885 (No. 128), with reservation of His Highness’ existing rights under the 1st Article of the Act.f
Adhesion of Germany to Declaration between Great Britain and France of 10 th March , 1862.
7. Germany engages to adhere to the Declaration signed by Great Britain and France on the 10th March, 1862 (No. 222), with regard to the recognition of the independence of Zanzibar. J
Having brought the foregoing articles to the knowledge of my Government, I am now authorized to declare their acceptance in the name of the Imperial Government, provided that Her Majesty’s Govern- ment also make a similar declaration of their acceptance.
I have, &c.,
HATZFELDT.
(2.). The Earl of Iddesleigh to Count Hatzfeldt.
M. l’Ambassadeur, Foreign Office, 1st November, 1886.
I have had the honour to receive your Excellency’s note of the 29th ultimo, in which you inform me that you are authorized to accept, on behalf of the Imperial Government, the following Articles of Agree- ment respecting Zanzibar and the adjoining territories, provided that they are accepted by Her Majesty’s Government : —
Recognition of Sovereignty of Sultan of Zanzibar over Islands of Zanzibar and Pemba, Lamu, Mafia, &c.
1. Great Britain and Germany recognize the sovereignty of the Sultan of Zanzibar over the Islands of Zanzibar and Pemba, and over the smaller islands which lie in the neighbourhood of the above within a radius of 12 sea miles, as well as over the Islands of Lamu and Mafia.§
Recognition of Sultan of Zanzibar’s Sovereignty over certain Territories on the mainland.
On the mainland* they likewise recognize as the possession of the Sultan a line of coast which stretches without interruption from the Minengani River at the head of Tunghi Bay to Kipini. This line com- * See Agreement, 1st July, 1890, p. 899.
f For adhesion of the Sultan of Zanzibar to the Berlin Act, dated 8th November 1886, see p. 314.
$ See Note, page 886, and Agreement, Great Britain and France, 5th August, 1890, p. 738.
§ See Agreement, 1st July, 1890, p. 899, and note, p. 885.
884
No. 264] GEEAT BBlTAIN AND GEEMANA. [1 Nov., 1886,
[Zanzibar. British and German Spheres of Influence.]
mences on the south of the Minengani Biver, follows the course of that river for 5 sea miles, continues thence on the line of latitude to the point where it strikes the right bank of the Bovuma Biver, crosses the Bovuma, and runs down its left bank.
The coast-line has thence an internal depth of 10 sea miles measured from the coast direct into the interior from high-water mark.
Kau.
The northern limit includes Kau.
Kismayu, Brawa, Meurka, Magadisho and War sheikh.
To the north of Kipini the said Governments recognize as belonging to the Sultan the stations of Kismayu, Brawa, Meurka, and Magadisho with radii landwards of 10 sea miles, and of Warsheik with a radius of 5 sea miles.*
Leasing to German African Company of Customs Duties at Dar-es - Salaam f and Pangani.
2. Great Britain engages to support negotiations of Germany with the Sultan for the leasing to the German African Company of the customs duties at the ports of Dar-es-Salaam and Pangani, in return for an annual payment to the Sultan by the Company.
Respective Spheres of Influence to he defined.
3. Both Powers agree to establish a delimitation of their respective spheres of influence on this portion of the East African Continent of the same character as that to which they have agreed as regards the territories on the Gulf of Guinea. J
Territory referred to in the Arrangement .§
The territory to which the arrangement applies is bounded on the south by the Bovuma Biver, and on the north by a line which, starting from the mouth of the Tana Biver, follows the course of that river or its affluents to the point of intersection of the Equator and the 38th degree of east longitude, thence strikes direct to the point of inter- section of the 1st degree of north latitude with the 37th degree of east longitude, where the line terminates.
Line of Demarcation.
The line of demarcation starts from the mouth of the Biver Wanga or Umbe, runs direct to Lake Jipe, passes along the eastern side and round the northern side of the lake and crosses the Lumi Biver.
* See Agreement, 1st July, 1890, p. 899.
t The German flag was hoisted 1st January, 1891.
t See Agreement, ‘g^Aug^' 1886, P* 880.
§ Differences haying arisen between the British East Africa Company and the German Company of Witu as to the Island of Lamu, they were referred by the British and German Governments to the arbitration of Baron Lambermont, Belgian Minister of State, who pronounced his Award on the 17th August, 1889, see p. 891.
885
[No. 264
1 Nov., 1886.] Ct-RliAT BRITAIN AND GERMANY.
[Zanzibar. British and German. Spheres of Influence].
Taveita and Chagga ( Kilimanjaro District).
After winch it passes midway between the territories of Taveita and Chagga, skirts the northern base of the Kilimanjaro range, and thence is drawn direct to the point on the eastern side of Lake Victoria Nyanza which is intersected by the 1st degree of south latitude.
Mutual Engagement to respect Spheres of Influence .
Great Britain engages not to make acquisitions of territory, accept Protectorates, or interfere with the extension of German influence to the south of this line ; and Germany makes the same engagement as regards the territories to the north of this line.
Kilimanjaro Districts.
4. Great Britain will use her good offices to promote a friendly arrangement of the rival claims of the Sultan and the German East African Company to the Kilimanjaro districts.* * * §
Witu.'f
~ 5. Both Powers recognize as belonging to Witu the coast-line which
commences to the north of Kipini, and continues to the northern extremity of Manda Bay.
Invitation to Sultan of Zanzibar to accede to the Berlin Act .
6. Great Britain and Germany will jointly invite the Sultan to accede to the Act of Berlin (No. 128) with reservation of His High- ness’ existing rights under the 1st Article of the Act. J
Adhesion of Germany to Declaration betiveen Great Britain and France of 10th March , 1862.
7. Germany engages to adhere to the Declaration signed by Great Britain and France on the 10th March, 1862 (No, 222), with regard to the recognition of the independence of Zanzibar.?
I have to declare on behalf of Her Majesty’s Government their Acceptance of the above Articles of Agreement.
I have, &c.,
IDDESLEIGH.
* See p. 887. See also Agreements, Great Britain and Germany, 1st July, 1890. Article I, p. 899, and 25th July, 1893, p. 911.
f See Agreement, Great Britain and Germany, 1st July, 1890, p. 899.
t The Sultan of Zanzibar acceded to the Berlin Act on the 8th November, 1886. See p. 314.
§ In a note addressed by the Trench Ambassador, M. Waddington, to the Marquis of Salisbury, on the 29th September, 1885, it was stated that the Cabinet of Berlin had recently informed the French Government of their adherence to the Anglo-French Declaration of 1862, with regard to the Independence of Zanzibar ; and by Notes exchanged at Paris between the British Ambassador and the French Minister for Foreign Affairs on the 27th November and 8th December, 1886, the French Govern- ment announced that they made no objection to the understanding come to between Great Britain and Germany as to the limits of the Sultanate of Zanzibar (see Art. I of Agreement of 1886, p. 882), or to the adhesion of Germany to the
Declaration between Great Britain and France of 10th March, 1862. See also Agree- ment, Great Britain and France, 5th August, 1890, p. 738.
886
great Britain and Germany. [Mar., 188?,
[Trading- Stations. Spheres of Influence. East Africa.]
No. 265.— ADHESION of Sultan of Zanzibar to Agreement between
Great Britain and Germany of 1886. 4 th December ,
1886*
With regard to our accepting that this part of our kingdom should be taken from us and given to Germany, we hope that the two Govern-’ ments will do what is just according to this Agreement, namely, to protect our kingdom from being divided among them by other nations, and then, in consequence of the friendly way in which the two Govern- ments of Great Britain and Germany have asked us to adhere to their Agreement, we are ready to give our adhesion, and for that purpose we have given Mohammed-bin-Salim Mauli full powers to represent us before you and sign the official Convention settling the whole question without delay.
This is from your friend.
B ARGASH-BIN -SAID.
4th December, 1886.
No. 266. — AGREEMENT between Great Britain and Germany , respecting the establishment of Trading Stations within their re- spective Spheres of Influence in East Africa. March , 1887.f
Note Verbale addressed by the British Ambassador at Berlin to the German Minister for Foreign Affairs, March 19 th, 1887.
Her Majesty’s Government have received with much satisfaction the Memorandum communicated by Count Hatzfeldt on the 8th instant, stating that the German East African Company have been informed that any territorial acquisitions they may make or any claims they may put forward in those parts of East Africa which have been declared within the sphere of British interests will not be acknow- ledged by the Imperial Government, and that the Company must abstain altogether from sending expeditions to those parts. The Memorandum further explains that Count Pfeil’s instructions from the Company had been to take charge of a trading-station at Tan- ganyika, on the River Kilifi, which is within the British sphere.
With regard to the question of trading-stations, Sir E. Malet is directed by Her Majesty’s Principal Secretary of State for Foreign Affairs to state that, in his Lordship’s opinion, it was not the intention of either Government to restrict the subjects of the other from bond fide trading operations within the sphere assigned to it. Her Majesty’s Government will therefore be prepared to admit the principle that German subjects may establish trading-stations within the British sphere, and acquire land necessary for the purposes of such stations,
* See also Exchange of Notes between Great Britain and Zanzibar, of 3rd-4th December, 1886, p. 304.
f S.P., vol. lxxviii, p. 1051.
887
July, 1887 J GrREA^T BRITAIN AND GERMANY. [Ko. htff
[Annexation in rear of Spheres of Influence.]
on the understanding that claims to political, sovereign, or exclusive rights, founded on Agreements with native Chiefs or otherwise, are inadmissible, and provided that the Imperial Government admit the same principle as regards British subjects in the German sphere.
This understanding would, of course, specially apply to the coast only. As regard the interior, differential treatment in either sphere is prohibited, as regards traders, by the Article of the Act of Berlin applying to territory in the Free Zone (No. 128), while the exercise of political influence in the sphere of either country is forbidden to the other by the Anglo-German Agreement (Nos. 260, 262).
Berlin, March 19, 1887.
[The German Government did not reply to this Note Verbale .]
No. 267.— AGREEMENT between Great Britain and Germany , respecting the Discouragement of Annexations in Bear of their Spheres of Influence in East Africa. July, 1887.*
The Marquis of Salisbury to Sir E. Malet.
Foreign Office, 2nd July, 1887. Sir,
Baron von Plessen called at this Office on the 22nd ultimo and stated that the German East African Association had addressed a Petition to the Imperial Government, in which they expressed their apprehensions lest the expedition undertaken by Mr. Stanley for the relief of Emin Pasha should, after effecting its purpose, be utilized for the establishment, or paving the way for the establishment, of English Protectorates at the back of the German sphere of action in East Africa.
The German Government, Baron von Plessen explained, did not share the apprehension of the Company, inasmuch as in the negotia- tions of last October respecting the delimitation of the English and German spheres of influence in Eastern Africa (No. 264), the main question was the arrangement of a line of demarcation, on the north of which the English were free to operate, while the Germans were to operate on the south of it. England expressly engaged not to acquire Possessions, accept Protectorates, or oppose the extension of German influence to the south of the line of demarcation ; and although it was true that no special geographical line had been ex- pressly fixed by agreement for the delimitation to the west, Baron von Plessen said that the Imperial Government had started from the idea that England would leave Germany a free hand for the future in the territories south of the Victoria-Nyanza Lake, and, without inter- fering with the territories lying to the east of the Lakes Tanganyika and Nyassa at the back of the German Protectorate, would confine herself to opening up the territories lying to the north of the agreed
* S.P., vol. lxxviii, p. 1047. See also Note, p. 915*
888
Mo. 36 rj
[July,
&REAT BRITAIN AND GERMANY.
[Annexation in Rear of Spheres of Influence.]
line. As, liowever, rumours had reached the Imperial Government that Mr. Mackinnon, who had largely contributed to the Emin Pasha Expedition, was not alone actuated by purely philanthropic aims, but also entertained views of a commercial and political character, which rumours harmonized with the telegraphic report received from Zanzibar, that he was treating with the Sultan for the collection of customs at Mombasa, Baron von Plessen stated that his Government had deemed it expedient to lay an early explanation of their views on this question before Her Majesty’s Government.
I have to instruct your Excellency with regard to this communica- tion to at once inform the German Government that Her Majesty’s Government take the same view of the question as is entertained at Berlin, and are prepared to discourage British annexations in the rear of the German sphere of influence, on the understanding that the German Government will equally discourage German annexations in the rear of the British sphere.
I have further to request your Excellency to assure the Imperial Government that there is no cause to apprehend that Mr. Stanley’s expedition will be used as a means of interference with the ter- ritory under German influence, or in the rear of it ; and to explain that Mr. Mackinnon’s negotiations are merely connected with the scheme of English capitalists for opening up the interior in what is now the British sphere, which was frequently referred to in the discussions between the two Governments respecting the De- limitation Commission.
I am, &c.,
SALISBURY.
Sir E. Malet.
(2.) — Mr. Scott to the Marquis of Salisbury.
Berlin , 8th July , 1887.
My Lord,
I have the honour to state that, in compliance with the instruc- tions of your Lordship’s despatch of the 2nd instant, I informed Count Bismarck to-day that, in reply to a verbal communication made at the Foreign Office by Baron Plessen in regard to certain apprehensions of the German East African Company in connection with Mr. Stanley’s expedition for the relief of Emin Pasha, I had been instructed by your Lordship to lose no time in stating to his Excellency that Her Majesty’s Government took the same view as the German Government of the intention of the Agreement for delimiting the two spheres of influence in Eastern Africa, and that they were prepared to discourage British annexations in the rear of the German sphere, on the understanding that the German Government would equally discourage German annexations in the rear of the British sphere.
I said I had also been instructed to reassure him in regard to Mr. Stanley’s expedition.
889
D66., i§8f.] GEEAT BEXTAIN ANB BEEMAtfY, [No. 2S§
[Togoland. Volta.]
That there might be no misunderstanding on this point, I ventured to read the whole of your Lordship’s despatch to his Excellency.
Count Bismarck replied that your Lordship’s explanation was clear and most satisfactory, and he begged me to convey his sincere thanks for the communication.
Baron Plessen, his Excellency added, had been quite correct in stating that the German Government had not shared the appre- hensions of the Company, but he had thought it more advisable and conformable with the good understanding between the two Govern- ments to have no concealments on these questions, but to invite a frank exchange of views on this subject, in order to be able authorita- tively to set all such apprehensions at rest.
At Count Bismarck’s desire I have repeated my communication to him in writing, and for that purpose I have employed, mutatis mutandis, the exact text of your Lordship’s despatch.
I have, &c.s
CHARLES S. SCOTT.
The Marquis of Salisbury.
No. 2 68.— JOINT RECOMMENDATIONS of the British and German Commissioners, with regard to the future Limits of British and German Protectorates and Spheres of Influence in the Territories lying in the Interior of the Gold Coast Colony and the German Togo Protectorate* December, 1887.
1. That the boundary line laid down in the Agreement signed by the German and British Commissioners on the 14th July, 1886, should be continued in such a manner as to include within the German Protectorate the territories of Towe, Kowe, and Agotime, and to leave within the British Protectorate the countries of Aquamoo and Crepee (or Peki).
The exact definition of this boundary to be hereafter determined, if necessary, by a joint commission on the spot.
2. That between the northern limit of the territory of Crepee and the mouth of the River Daka, the River Volta shall form the line of demarcation between the spheres of influence of the two countries, Great Britain undertaking not to acquire any protectorates to the east of that river, and Germany entering into a similar agreement with regard to the territories to the west.
3. That a conventional line be drawn on the latitude of the mouth of the River Daka, and that the two Governments shall mutually agree to regard the territories lying to the north of this line, within the limits marked on the accompanying map,f as neutral ground, and to abstain from seeking to acquire within them protectorates or exclusive influence.
* See Art. IV of Agreement of 1st July, 1890, p. 903. t Not given.
8fl0
Mo. 269] 0REAT BRITAIN AND GERMANY. [17 Aug., 1S§§*
[Belgian Award, Dispute. Witu. Farming of Customs. Administration of Island of Lamu.]
4. If the second of these recommendations is adopted, the Com- missioners are of opinion that an agreement might properly be con- cluded that, in the event of Germany extending her protectorate up to the Kiver Volta within the limits mentioned, the Imperial Govern- ment will engage not to levy duties upon goods in transit, nor to place any other impediment in the way of trade between the British Pro- tectorate and the interior ; the British Government undertaking on their part, in the event of the extension of the German Protectorate above mentioned , not to levy transit duties within their Protectorate east of the Kiver Volta upon goods passing from the German Protectorate into other districts east of the Volta, not being British, or from the same into the German Protectorate.
[Approved by the British Government, 12th March, and by the German Government, 14th March, 1888.]
See also Boundary Agreements between Great Britain and Germany, 1st July, 1890, Art. IV, p. 903, 14th November, 1899, Art. V, p. 920, 25th June, 1904, p. 935, and Notes on the Frontier between the Gold Coast Colony and Togoland, p. 77.
No. 269. — BELGIAN AWARD on the Disputes betiveen the British East Africa Company and the German Witu Company respecting the Farming of Customs and the Administration of the Island of Lamu. nth August, 1889.
Award given on the 17th August, 1889, by Baron Lambermont, Minister of State of his Majesty the King of the Belgians, on the subject of the Island of Lamu.
We, Baron Lambermont, Minister of State of His Majesty the King of the Belgians :
Having accepted the appointment of Arbitrator which has been conferred on us by the Government of Her Majesty the Queen of Great Britain and Ireland, Empress of India, and by the Government of His Majesty the Emperor of Germany, King of Prussia, with reference to a dispute which has arisen between the Imperial British East African Company and the German Witu Company :
Animated by the sincere desire to respond, by a scrupulous and impartial decision, to the confidence which the two Governments have shown in us :
Having for that purpose duly examined and maturely considered the documents which have been produced on either side :
And desiring to give a decision upon the subject of the dispute, which is the farming of the customs, and the administration of the Island of Lamu situate on the East Coast of Africa :
One of the parties claiming for the German Witu Company priority of right as to such farming :
891
V? Aug., 1889.] GREAT BRITAIN AND GERMANY, [^o. 26§
[Belgian Award. Dispute. Witu. Farming of Customs, &c.]
The other contending that the late Sultan and the present Sultan of Zanzibar undertook to concede the said farming to the Imperial British East Africa Company, and that the objections raised on the part of Germany are not of a nature to place any obstacle in the way of the Sovereign of the Island of Lamu fulfilling the obligations con- tracted by his predecessor and himself toward that Company.
L
Considering that in the Memorandum presented by the Imperial German Government, the right of the Witu Company is, in the first place, stated to be derived from the Convention made on the 29th October and 1st November, 1886, between Germany and England (No. 264), and from the signification said to have been attached to that Agreement by the contracting Powers.
Whereas the said Convention circumscribed the area to which it is to apply within expressly determined limits, namely — starting from the sea — the Rovuma on the south and the Tana on the north.
Whereas it then divided this space into two zones, separated by a line of demarcation following the Wanga or Umbe.
Whereas of these two zones, one is allotted exclusively to German influence, which is to be exercised to the south of the line of demarca- tion, and the other exclusively to English influence, which is to be exercised to the north of the said line.
Whereas the respective limits of the two zones of influence are thus clearly fixed, and are formed by the line of demarcation and perimeter, beyond which they cannot extend without going out of the territory subject to the arrangement.
Whereas, to draw from the spirit or sense of the Convention an inference which does not arise from its text, and which would attribute to Germany exclusive freedom of action in the territories situate to the north of the Tana, it would be necessary that a special and fresh agreement should be made to that effect between the Contracting Powers, and should be duly proved.
Whereas no document is produced proving the existence of such an agreement.
And whereas such proof does not arise from the Note of the British Government, dated 7th September, 1888, inasmuch as, in admitting that the sphere of English influence does not extend as far as the River Osi, that document is in perfect harmony with the terms of the 1886 arrangement, which limits its application to the territories comprised between the Rovuma and the Tana.
For these reasons :
We are of opinion that — save the clause which acknowledges as belonging to the Witu territory the strip of coast between Kipini and the northern end of the Bay of Manda — the Anglo -German agreement of the 29th October and 1st November, 1886 (No. 264), does not extend its effects either beyond the Tana or beyond the Rovuma, and does not give either of the parties a preferential right as to the
892
Ho. 289] GREAT BRITAIN AND GERMANY. [17 Aug., 1889.
[Belgian Award. Dispute. Witu. farming" of Customs, &c.]
farming of the customs, and the administration of the Island of Lamu, which is situated beyond the limits within which the said arrange- ment is, according to its own terms, to have its application,
II.
Considering that, according to the German Memorandum, the Islands of the Bay of Manda, from a geographical point of view, belong to the Witu country, of which they are said to be the prolongation ; that, looked upon from a commercial standpoint, the Island of Lamu is the place of deposit for the goods which come from the Witu country, or which are intended for that German possession ; and lastly, that its connection with the continent still further appears in regard to judicial or political order, by reason of the manifold relations of the inhabitants of the island with the continent, and the questions of owner- ship, or of cultivation connected therewith ; the whole of these facts demonstrating that the administration of the island must be intrusted to the same hands as have the administration of the continent ;
Considering that, on the other hand, the English Memorandum represents the Island of Lamu as having for a long time past been a mart for British commerce, a place where the steamers of the British India Company trading to East Africa touch, and a centre of com- merce which is almost exclusively in the hands of English merchants.
Whereas no argument drawn from the proximity of the continent could, so far as regards the Island of Lamu, prevail against the formal clause of the Anglo-German agreement of the 29th October and 1st November, 1886 (No. 264), which places that island amongst the possessions, the sovereignty of which is acknowledged in the Sultan of Zanzibar.
And if considerations based upon financial and administrative interests or upon political convenience can show the advantages or the disadvantages offered by a solution in conformity with the views of one or the other of the parties, such reasons do not rank as a mode of acquisition recognised by international law.
For these reasons :
We are of opinion that neither the geographical connection, nor the commercial connection, nor the political interest, properly so called, placed either of the parties in a position to claim, as a right, the cession of the customs and the administration of the Island of Lamu.
III.
The questions of a prejudicial character being thus decided and the discussion being reduced to the question of the engagements said to have been entered into by the Sultans of Zanzibar towards the two parties :
Considering that it is necessary to examine whether and to what extent the engagements invoked by the two parties combine the con- ditions necessary for the proof of their existence and validity :
As regards the German Witu Company :
893
17 Aug., 1889.] GI-REAT BRITAIN AND GERMANY. [No. 269
[Belgian Award. Dispute. Witu, Farming of Customs, &c,]
Considering that, on the 10th December, 1887, the German Consul- General and Mr. Toeppen, the representative of the Witu Company, had an audience of the Sultan Seyyid Barghash, of which audience the Consul-General gave an account to his Government by a report, which is not produced, but the analysis of which in the German Memorandum ends with these words : “ The result of this interview expanded may be summed up in this sense, that the Sultan declared himself to be at once ready (‘ sofort sich hereit erklarte ’) to grant the Concession for the Islands of Manda Bay to the Witu Company, as soon as the other arrangement with the German East Africa Company should be con- cluded, and that he only desired to retain his freedom of action for the fixing of one method or the other of indemnifying him in money ” ; and that in his letter of the 16th November, 1888, to the Sultan Seyyid Khalifa, the Consul-General expresses himself thus : “I take the liberty of recalling the fact that, under Seyyid Barghash, negotiations were already carried on for a concession of the islands of Manda Bay to the German Witu Company, of which Mr. Toeppen is the representative at Lamu. Seyyid Barghash received Mr. Toeppen in my presence, and showed himself ready to assume such an engagement (‘ Seyyid Barghash hat seine Bereitwilligkeit ein derartiges Abkommen zu treffen aus- gesprochen ’) as soon as the Convention with the East African Company should have been concluded.”
Whereas the expressions made use of by the Sultan, taken in their natural sense, would imply the intention of concluding a Convention.
Whereas in order to transform this intention into unilateral promise, availing as a Convention, the harmony of wishes ought to have been manifested by the express promise of one of the parties, together with the acceptance of the other party, and this harmony of wishes should have applied to the essential elements which constitute the subject of the Convention.
Whereas in case such as the one in question, the farming of the customs and administration of a territory or a port must be a mutual contract, comprising on the part of the lessor the cession of the exercise of sovereign rights, which may be formulated in very different manners as regards their subject and their duration, and consisting on the part of the lessee of a fixed or proportionate royalty.
Whereas in the words attributed to the Sultan, such as they are summed up by the German Memorandum and reproduced in the letter of the German Consul-General of the 16th November, 1888, the essential conditions of the contract to be entered into are not fixed.
Whereas, if no law prescribes any special form for Conventions between independent States, it is none the less contrary to international usages to contract verbally engagements of that nature and of that importance.
Whereas the adoption of the written form is particularly necessary in dealings with the Governments of but little-civilized nations, which often only attach binding force to promises made in a solemn form or in writing.
Whereas, especially in this case, the existence of a verbal Conven- 894
NO, 269] GREAT BRITAIN AND GERMANY. [17 Aug., 1889.
[Belgian Award. Dispute. Witu. Farming- of Customs, &c.]
tion should be shown by formal stipulations, and one could not, without grave detriment to the security and facility of international relations, infer it from the simple statement that one is ready to grant a con- cession ;
Whereas no other documents written about the period in question are produced but the letter dated 21st November, 1887, in which the German Consul-General transmitted to Sultan Seyyid Barghash the proposal of Mr. Toeppen, and the acknowledgment of the receipt by the Sultan, dated the same day, and which said nothing about the actual issue.
Whereas between the 10th December, 1887, the date of the promise alleged to have been made by the Sultan, and the 28th March, 1888, the date of his death, there is not produced any document, or any written or verbal indication emanating from His Highness, showing or implying his consent to the proposal of the representative of the Witu Company.
Whereas, according to the reiterated assurances of the present Sultan, given both to the German Consul-General and to the English Consul-General, no trace of such acquiescence has been discovered either in the archives of the Sultanate or in the recollection of the employees, and though the written documents just above mentioned have been found, Sultan Seyyid Barghash’ s acknowledgment of receipt showed that at that date His Highness had decided nothing.
Whereas, therefore, whatever sense one may attach to the words of Sultan Seyyid Barghash, proof of the opening of the negotiations only has been furnished ; and as regards the engagement itself, although it is mentioned in the letter which the German Consul-General wrote to the Sultan on the 16th November, 1888, and though it is referred to in the despatch addressed by that official to his own Government after the audience of the 10th December, 1887, it must be a principle, in international as in all other affairs, and irrespective of any question of good faith, that one cannot create a title for one’s self.
Whereas, lastly, however worthy of confidence the Consular Agent may be, and putting his good faith absolutely out of the question, the words of Sultan Seyyid Barghash were spoken in Arabic and gathered and translated by a dragoman, without it being possible to check the accuracy of such translation, and their interpretation was neither confirmed by the Sultan nor acknowledged by his successor ;
For these reasons :
We are of opinion that proof of the engagement said to have been contracted by Sultan Seyyid Barghash on the 10th December, 1887, to lease the customs and the administration of the Island of Lamu to the German Witu Company, is not furnished with the proper sufficiency.
That consequently the said Company cannot found any preferential or prior right upon the declarations of the Sultan in the course of the interview which took place at that date.
Considering that it is necessary to examine whether the facts which have occurred since the accession of the present Sultan have not modified the soundness of these conclusions ;
895
17 Aug., 1889.] G-KEAT BRITAIN AND GERMANY. [No. 269
[Belgian Award, Dispute. Witu. Farming- of Customs, &o,]
Whereas, according to the German Memorandum, Sultan Seyyid Khalifa is said to have declared to the German Consul-General, in June, 1888, that he would not grant any further Concession without having come to an understanding with the representatives of Germany and of England, and according to the letter of the German Consul-General to the Sultan dated the following 16th November, the latter had assured him that there was as yet no English proposal, and that if any should be put forward, he would ask the opinion of the German Consul- General in advance.
Whereas, in his letter of the 12th January, 1889, to the said Consul- General, Seyyid Khalifa denies that he made or could have made such declarations, saying that the mistake might in his opinion have arisen from a misunderstanding attributable to the dragoman ; and in his letter of the 16th of the same month to the English Consul-General, which letter is inserted in the English Memorandum, His Highness repeated his denials.
Whereas, without putting in question the good faith of the parties, one can and must acknowledge that the declarations in question could not in themselves have conferred any right on the Witu Company to the Island of Lamu.
And moreover, as regards their bearing in other respects, they would come, by reason of their form, within the application of the principles above enunciated.
For these reasons :
We are of opinion that the facts subsequent to the interview of the 10th December, 1887, have not altered the bearing of that interview as defined in the foregoing conclusions.
As regards the Imperial British East Africa Company :
Considering that, according to the English Memorandum, the Sultans of Zanzibar have, since 1887, constantly held at the disposal of Mr. William Mackinnon, his partners, and the future British Company a concession of territories, including the Island of Lamu ; that the said concession, far from being ever rejected oi withdrawn, is said to have been accepted from time to time with regard to certain parts of these territories, the remainder, and particularly Lamu, having been reserved for the subsequent disposal of the said persons and Company.
Whereas the Contract of cession which should form the basis of these promises is represented only by a draft, which bears neither date nor signature ;
Whereas, in that form, it can only be looked upon as a proposal made to Sultan Seyyid Barghash, without it being proved that such proposal was transformed into a Concession from his Highness to Mr. Mackinnon or into a general promise to cede the administration from the Sultanate to the English Company, which promise the said Company had successively accepted for the various parts of the territories belong- ing to the Sultan.
Whereas none of the subsequent documents alleged by the English Company directly and clearly mentions this project, which was never commenced to be carried out.
896
No. 259] GREAT BRITAIN AND GERMANY. [17 Aug., 1889.
[Belgian Award. Dispute. Witu. Farming of Customs, &c.]
Whereas the evidence of General Mathews, commander of the Sultan’s troops, which is recited in the English Memorandum and was taken on oath on the 23rd January, 1889, mentions negotiations entered into about nine years previously and carried on up to the beginning of 1887, but does not cite any Convention concluded during that period.
Whereas the document in solemn form delivered by Sultan Seyyid Barghash to the English Consul-General under date of the 6th December, 1884, would have been useless if the Draft of 1877 had had the force of a contractual promise absolutely binding the Sultan towards the Imperial British Company.
Whereas it is not possible, with the aid of the documents produced, to connect with that draft, by a direct link showing the execution of a previous perfect and valid Convention, the negotiations which were resumed by Mr. Mackinnon in the spring of 1887.
Whereas under date of the 22nd February, 1887, Sultan Seyyid Barghash sent Mr. Mackinnon a telegram, in which his Highness declared himself ready to grant him the Concession which he (Mr. Mackinnon) had previously proposed, and this offer was followed, on the 24th May, by the conclusion of an agreement conceding to the Imperial British Company the strip of coast from the Wanga to Kipini.
Whereas in that agreement no mention is made of the territories situate to the north of Kipini and comprising the Island of Lamu.
Whereas with regard to these latter, the Imperial British Company limits itself to invoking the evidence of General Mathews to the effect that, to his knowledge, these territories were offered by the Sultan to Mr. Mackinnon in 1887 ; that he always understood that they were reserved, in accordance with Mr. Mackinnon’s wish, for a subsequent Concession ; and that he was sent, as representative of the Sultan, to make a verbal communication to Mr. E. N. Mackenzie, the agent of the Imperial British Company, authorising him to inform Mr. Mackinnon that all the territories to the north of the Kipini would be offered to him in preference, when they came to be leased or ceded.
Whereas, in the verbal message with which General Mathews was intrusted, whatever consideration his evidence may merit, one cannot find the elements of an actual and positive promise to grant a concession, whereof the essential conditions were sufficiently determined.
And, as regards the reserved or anticipated acceptance of Mr. Mackinnon, it only forms the subject of a purely personal opinion on the part of the General.
Whereas the evidence of General Mathews is in harmony with the above quoted telegram of Sultan Seyyid Barghash with reference to the intention of treating with the English, and this intention is found again and takes shape in the letter addressed by his successor on the 26th August, 1888, to the English Consul-General.
Whereas, however, if this latter letter constitutes a political engage- ment between Government and Government not to cede the administra- tion of the Sultanate to any others than to subjects of the Sultan, or to Englishmen, or to Mr, Mackinnon so far as regards Zanzibar and Pemba, (1714) 897 3 M
17 Aug., 1889.] GREAT BRITAIN AND GERMANY. [No. 269
[Belgian Award. Dispute. Witu. Farming of Customs, &c.]
one does not yet find in it tlie direct and actual promise to cede to the Imperial British Company itself all the ports of the north.
Whereas the intention of treating with the English is, moreover, expressed in an evident manner in the letter of Seyyid Khalifa to the German Consul-General, dated 12th January, 1889.
And there is no occasion to pay any regard to the objection that this determination was vitiated through having had a false cause, viz., that the Sultan Seyyid Khalifa only adopted it on account of a promise which he believed to have been made by his predecessor to the English Company, as the knowledge of the communication made on the 22nd February, 1887, by his predecessor, and the steps taken in the name of the latter by General Mathews may legitimately have influenced his decision, and the Sultan may, moreover, have decided not from one sole motive, as appears from his said letter to the German Consul- General and from those which he sent in the course of the same month to the English Consul-General, and which are reproduced in the English Memorandum.
Whereas the intention repeatedly manifested by Sultan Seyyid Khalifa was transformed into a fact by the negotiations which were opened in the month of January, 1889, between his Highness and Mr. Mackenzie, the attorney of Mr. Mackinnon.
Whereas in these negotiations the essential conditions of the resump- tion of the administration and customs of the Island of Lamu were put forward and discussed for the first time between the parties.
Whereas harmony of wishes was established upon all points, as is shown by the exchange of the letters of the 19th and 20th January, 1889, between the Sultan and Mr. Mackenzie, combined with the telegram from the Sultan to Mr. Mackinnon, the 30th of the same month.
But whereas the document so prepared has not received the signa- ture of the Sultan, and the latter has subordinated it to the removal of an obstacle which stopped his final determination.
For these reasons :
We are of opinion that the Sultan has remained free to dispose of the exercise of his sovereign rights, within the limits traced out by the letter of his predecessor to Sir John Kirk of the 6th December, 1884, and by the one which he himself addressed to the English Consul- General on the 26th August, 1888.
And that the Imperial British East Africa Company does not produce any engagement validly assumed towards it by any of the Sultans of Zanzibar, and creating in its favour an exclusive right to the resumption of the customs and the administration of the Island of Lamu.
Considering, lastly, that the signing of the Convention formulated between the Sultan Seyyid Khalifa and the representative of the Im- perial British East Africa Company has only been deferred in con- sequence of the opposition of the German Consul-General.
And whereas this opposition is founded upon the right of priority claimed by the German Witu Company, the reality of which right has formed the subject of the foregoing conclusions :
898
No. 270]
GREAT BRITAIN AND GERMANY. [East Africa.]
[1 July, 1890.
For these reasons :
We are of opinion that the proposed agreement between the Sultan Seyyid Khalifa and the representative of the Imperial British East Africa Company on the subject of the Island of Lamu can be signed without giving rise to any rightfully founded opposition.
Done at Brussels in duplicate.
BARON LAMBERMONT.
17^A August , 1889.
No. 270. — AGREEMENT between the British and German Govern- ments, respecting Africa and Heligoland. Berlin, ls£ July, 1890.*
The Undersigned, —
Sir Edward Baldwin Malet, Her Britannic Majesty’s Ambassador Extraordinary and Plenipotentiary ;
Sir Henry Percy Anderson, Chief of the African Department of Her Majesty’s Foreign Office ;
The Chancellor of the German Empire, General von Caprivi ;
The Privy Councillor in the Foreign Office, Dr. Krauel, —
. Have, after discussion of various questions affecting the Colonial interests of Germany and Great Britain, come to the following Agree - ment on behalf of their respective Governments : —
East Africa. German Sphere of Influence.
Art. I.f — In East Africa the sphere in which the exercise of influence is reserved to Germany is bounded —
German Sphere. To the North. River Urnba to Victoria Nyanza.%
1. To the north by a line which, commencing on the coast at the north bank of the mouth of the River Umba [or Wanga], runs direct to Lake Jipe ; passes thence along the eastern side and round the northern side of the lake, and crosses the River Lume ; after which it passes midway between the territories of Taveita and Chagga, skirts the northern base of the Kilimanjaro range, and thence is drawn direct to the point on the eastern side of Lake Victoria Nyanza which is intersected by the 1st parallel of south latitude ; thence, crossing the lake on that parallel, it follows the parallel to the frontier of the Congo Free State, where it terminates.
Mount Mfumbiro.
It is, however, understood that, on the west side of the lake, the sphere does not comprise Mount Mfumbiro ; if that mountain shall
* See also Agreements, 14th April, 1893, p. 910, 15th November, 1893, p. 913, 19th March, 1906, p. 937, and 18th July, 1906, p. 942. j
t See also Article VI, p. 904.
t See also Protocol, 24th December" 1^92, P- 909, Agreement, 25th July, 1893, p. 911, Agreement between Great Britain and Congo of 12th May, 1894, p. 578 ; Arrange- ment between Great Britain and Germany of January-April, 1900, p. 921 ; and Agree- ment between Great Britain and Germany of 18th July, 1906, p. 942.
(1714) 899
3 m 2
1 July, 1890.]
GREAT BRITAIN AND GERMANY, [East Africa.]
[No. 270
prove to lie to the south of the selected parallel, the line shall he deflected so as to exclude it, but shall, nevertheless, return so as to terminate at the above-named point.*
German Sphere. To the South. Rovuma River to Lakes Nyassa and Tanganyika (Stevenson1 s Road).
2. To the south by a line which, starting on coast at the northern limit of the Province of Mozambique, follows the course of the Eiver Eovuma to the point of confluence of the Msinje ; thence it runs west- ward along the parallel of that point till it reaches Lake Nyassa ; thence striking northward, it follows the eastern, northern, and western shores of the lake to the northern bank of the mouth of the Eiver Songwe ; it ascends that river to the point of its intersection by the 33rd degree of east longitude ; thence it follows the river to the point where it approaches most nearly the boundary of the geographical Congo Basin defined in the 1st Article of the Act of Berlin (No. 128), as marked in the map attached to the 9th Protocol of the Conference.
From that point it strikes direct to the above-named boundary ; and follows it to the point of its intersection by the 32nd degree of east longitude ; from which point it strikes direct to the point of con- fluence of the northern and southern branches of the Eiver Kilambo, and thence follows that river till it enters Lake Tanganyika.!*
Map. Nyassa-Tanganyika Plateau.
The course of the above boundary is traced in general accordance with a map of the Nyassa-Tanganyika Plateau, officially prepared for the British Government in 1889. J
German Sphere. To the West. River Kilambo to Congo Free State.
3. To the west by a line which, from the mouth of the Eiver Kilambo to the 1st parallel of south latitude, is conterminous with the Congo Free State.
East Africa. British Sphere of Influence.
The sphere in which the exercise of influence is reserved to Great Britain is bounded—
British Sphere. To the South. River JJmba to Congo Free State.
1. To the south by the above-mentioned line running from the mouth of the Eiver Umba (or Wanga) to the point where the 1st parallel of south latitude reaches the Congo Free State.
* Mount Mfumbiro to be British. Art. IX of Agreement of 18th July, 1906, to which a reference is given on p. 942.
f See Protocol recording the decision of the Commissioners for the delimitation of the Boundary line between Lakes Nyasa and Tanganyika, 11th November, 1898, p. 916 ; and Agreement between Great Britain and Germany of 23rd February, 1901, p. 925, in which the line was finally laid down.
| See map facing this page.
900
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No. 270] GREAT BRITAIN AND GERMANY. [1 July, 1890.
[East Africa. South-West Africa.]
Mount Mfumbiro.*
Mount Mfumbiro is included in the sphere.
British Sphere. To the North. River Juba to confines of Egypt ( Uganda , &c.).
2. To the north by a line commencing on the coast at the north bank of the mouth of the River Juba ; thence it ascends that bank of the river and is conterminous with the territory reserved to the influence of Italy in Gallaland and Abyssinia, as far as the confines of Egypt. f
British Sphere. To the West. Basin of Upper Nile to Congo Free State ( Uganda , &c.).
3. To the west by the Congo Free State, and by the western water- shed of the basin of the Upper Nile.
Withdrawal by Germany in favour of Great Britain of Protectorate over
Witu.
Art. II — In order to render effective the delimitation recorded in the preceding Article, Germany withdraws in favour of Great Britain her Protectorate over Witu.
Recognition by Great Britain of Sultan of Witu’ s Sovereignty.
Great Britain engages to recognize the sovereignty of the Sultan of Witu§ over the territory extending from Kipini to the point opposite the Island of Kwyhoo, fixed as the boundary in 1887.
Withdrawal of German Protectorate over adjoining Coast up to Kismayu \\
to all other Territories North of Tana , and to Islands of Patta and
Manda.
Germany also withdraws her Protectorate over the adjoining coast up to Kismayu, as well as her claims to all other territories on the main- land, to the north of the River Tana, and to the Islands of Patta and Manda.
South West Africa. German Sphere of Influence.
Art. Ill.^j — In South-West Africa the sphere in which the exercise of influence is reserved to Germany is bounded.
* See note on p. 900.
t See Great Britain and Italy, pp. 948, 949.
j See also Article XI, p. 905. On the 22nd October, 1889, the establishment of a German Protectorate over the District lying between Witu and Kismayu was an- nounced in the German Official Gazette, and on the 20th December following the British Government were informed that the German Government maintained the claim of the Sultan of Witu to the Islands of Manda and Patta, and did not recognize the right of the British East Africa Company to take over the administration of these Islands in consequence of the concession granted to the Company by the Sultan of Zanzibar (see Germany and Africa (East Coast), p. 689).
§ See also Art. XI, p. 905. The flag of the British East Africa Company was hoisted in all the towns of Wituland at the end of April or beginning of May, 1892 ; and on the 31st August, 1893, the flag of the British Protectorate was hoisted in Witu. See East Africa Protectorate, p. 367 (footnote).
|| See also Article XI, p. 905.
See also Article VI, p. 904.
901
1 July, 1890.] GREAT BRITAIN AND GERMANY. [No. 270
[South-West Africa. Namaqualand, Walfisch Bay, &c.]
Namaqualand. Damar aland, &c,
1. To the south by a line commencing at the mouth of the Orange Eiver, and ascending the north bank of that river to the point of its intersection by the 20th degree of east longitude.
2. To the east by a line commencing at the above-named point, and following the 20th degree of east longitude to the point of its inter- section by the 22nd parallel of south latitude, it runs eastward along that parallel to the point of its intersection by the 21st degree of east longitude ; thence it follows that degree northward to the point of its intersection by the 18th parallel of south latitude ; it runs eastward along that parallel till it reaches the Eiver Chobe ; and descends the centre of the main channel of that river to its junction with the Zambesi, where it terminates.
German Access to the Zambesi.
It is understood that under this arrangement Germany shall have free access from her Protectorate to the Zambesi by a strip of territory which shall at no point be less than 20 English miles in width.
South-West Africa. British Sphere of Influence. Bechuanaland , Kalahari, &c.
The sphere in which the exercise of influence is reserved to Great Britain is bounded to the west and north-west by the above-mentioned line.
Lake N garni.
It includes Lake Ngami.
Map.
The course of the above boundary is traced in general accordance with a map officially prepared for the British Government in 1889.*
Walfisch Bay .
The delimitation of the southern boundary of the British territory of Walfisch Bay is reserved for arbitration, unless it shall be settled by the consent of the two Powers within two years from the date of the conclusion of this Agreement.*)* The two Powers agree that, pending such settlement, the passage of the subjects and transit of goods of both Powers through the territory now in dispute shall be free ; and the treatment of their subjects in that territory shall be in all respects equal. No dues shall be levied on goods in transit. Until a settlement shall be effected the territory shall be considered neutral.
* The map referred to was entitled Map of Matabililand and adjoining territories (Int. Div., No. 776, Oct., 1889).
t Not yet settled (December, 1908).
902
Ilustrate
i-GERMAN AGREEMENT
¥lf
No. 270]
GREAT BRITAIN AND GERMANY. [West Africa. Gulf of Guinea.]
[1 July, 1890.
Line of Boundary between the British Gold Coast Colony and the German Protectorate of Togo* Volta Districts.
Art. IV. — In West Africa —
1. The boundary between the German Protectorate of Togo and the British Gold Coast Colony commences on the coast at the marks set up after the negotiations between the Commissioners of the two countries of the 14th and 28th of July, 1886 ; f and proceeds direct northwards to the 6° 10' parallel of north latitude ; thence it runs along that parallel westward till it reaches the left bank of the River Aka ; ascends the mid- channel of that river to the 6° 20' parallel of north latitude ; runs along that parallel westwards to the right bank of the River Dchawe or Shavoe ; follows that bank of the river till it reaches the parallel corresponding with the point of confluence of the River Deine with the Volta ; it runs along that parallel westward till it reaches the Volta ; from that point it ascends the left bank of the Volta till it arrives at the neutral zone established by the Agree- ment of 1888, % which commences at the confluence of the River Dakka with the Volta.§
Each Power engages to withdraw immediately after the conclusion of this Agreement all its officials and employes from territory which is assigned to the other Power by the above delimitation. ||
Gulf of Guinea. Rio del Rey Creek.
2. It having been proved to the satisfaction of the two Powers that no river exists on the Gulf of Guinea corresponding with that marked on maps as the Rio del Rey, to which reference was made in the Agreement of 1885^[ (No. 260), a provisional line of demarcation is adopted between the German sphere in the Cameroons and the adjoin- ing British sphere, which, starting from the head of the Rio del Rey Creek, goes direct to the point, about 9° 8' of east longitude, marked “ Rapids ” in the British Admiralty chart.**
Freedom of Goods from Transit Dues between River Benue and Lake Chad.
Art. V. — It is agreed that no Treaty or Agreement, made by or on bshalf of either Power to the north of the River Benue, shall interfere
* On the 5th July, 1884, an Agreement was signed between Germany and Togo, by which the territory of the King of Togo, situated on the West Coast of Africa from the eastern frontier of Porto Seguro to the western frontier of Lome or Bay Beach, was placed under the Protectorate of Germany (See Germany, p. 693.)
f See Joint Recommendations of Commissioners dated December, 1887, p. 890.
j As to this Agreement see note to Art. I of Anglo-German Convention of 14th November, 1899, p. 919.
§ The boundary between the British Colony of the Gold Coast and the German Colony of Togoland to the north of the 9th degree of north latitude was defined by Notes exchanged between the two Governments in Berlin on the 25th June, 1904, see p. 935.
|| See map facing p. 904,
f See Agreement, 1885, p. 868.
** See also Agreements, 14th April, 1893, p. 910, and 15th November, 1893, p. 91
903
i July, 1890.]
GREAT BRITAIN AND GERMANY. [East, West and South-West Africa.]
[No. m
with the free passage of goods of the other Power, without payment of transit dues, to and from the shores of Lake Chad.
Treaties in Territories between the Benue and Lake Chad .
All Treaties made in territories intervening between the Benue and Lake Chad shall be notified by one Power to the other.
Lines of Demarcation subject to Modification .
Art. VI. — All the lines of demarcation traced in Articles I to IV shall be subject to rectification by agreement between the two Powers, in accordance with local requirements.
Boundary Commissioners to be Appointed*
It is specially understood that, as regards the boundaries traced in Article IV, Commissioners shall meet with the least possible delay for the object of such rectification.
Non-interference of either Power in Sphere of Influence of the other .
Art. VII. — The two Powers engage that neither will interfere with any sphere of influence assigned to the other by Articles I to IV. One Power will not in the sphere of the other make acquisitions, con- clude Treaties, accept sovereign rights or Protectorates, nor hinder the extension of influence of the other.
No Companies or Individuals of either Power to exercise Sovereign Rights in Sphere of Influence of the other.
It is understood that no Companies nor individuals subject to one Power can exercise sovereign rights in a sphere assigned to the other, except with the assent of the latter.
Application of Berlin Act in Spheres of Influence within Limits of Free Trade Zone.
Art. VIII. — The two Powers engage to apply in all the portions of their respective spheres, within the limits of the free zone defined by the Act of Berlin of 1885 (No. 128), to which the first five articles of that Act are applicable at the date of the present Agreement ;
Freedom of Trade.
The provisions of those articles according to which trade enjoys com- plete freedom ;
Navigation of Lakes , Rivers , &c.
The navigation of the lakes, rivers, and canals, and of the ports on those waters, is free to both flags ;
* See Agreements, 14th April, 1893, p. 910, 15th November, 1893, p. 913, and 23rd February, 1901, p. 925.
904
No. 2?0] GKREAtf BRITAIN ANB GiERMANY. [1 July, 1890.
[East, West and South-West Afrioa. Zanzibar.]
Differential Duties. Transport or Coasting Trade.
And no differential treatment is permitted as regards transport or coasting trade ;
Duties on Goods.
Goods, of whatever origin, are subject to no dues except those, not differential in their incidence, which may be levied to meet expenditure in the interest of trade ;
Transit Dues.
No transit dues are permitted ;
Trade Monopolies.
And no monopoly or favour in matters of trade can be granted.
Settlements in Free Trade Zone.
The subjects of either Power will be at liberty to settle freely in their respective territories situated within the free trade zone.*
Freedom of Goods from Transit Dues , &c.
It is specially understood that, in accordance with these provisions, the passage of goods of both Powers will be free from all hindrances and from all transit dues between Lake Nyassa and the Congo State, between Lakes Nyassa and Tanganyika, on Lake Tanganyika, and between that lake and the northern boundary of the two spheres.
Trading and Mineral Concessions. Real Property Rights.
Art. IX. — Trading and mineral concessions, and rights to real property, held by Companies of individuals, subjects of one Power, shall, if their validity is duly established, be recognized in the sphere of the other Power. It is understood that concessions must be worked in accordance with local laws and regulations.
Protection of Missionaries.
Art. X. — In all territories in Africa belonging to, or under the influence of either Power, missionaries of both countries shall have full protection.
Religious Toleration and Freedom.
Religious toleration and freedom for all forms of divine worship and religious teaching are guaranteed.
Cession to he made by Sultan of Zanzibar to Germany of Possessions on the Mainland and of Island of Mafia.’f Art. XI. — Great Britain engages to use all her influence to facilitate a friendly arrangement, by which the Sultan of Zanzibar shall cede absolutely to Germany his Possessions on the mainland comprised in
* See line coloured red on map facing p. 900. f See map facing p. 906.
905
1 July, 1890.]
GREAT BRITAIN AND GERMAN Y. [East Africa. Zanzibar.]
[No. 270
existing Concessions to the German East African Company, and their Dependencies, as well as the Island of Mafia.
It is understood that His Highness will, at the same time, receive an equitable indemnity for the loss of revenue resulting from such cession.* * * §
German Recognition of British Protectorate over remaining Dominions
of Sultan of Zanzibar , including Islands of Zanzibar and Pemba,
and Witu.
Germany engages to recognize a Protectorate of Great Britain over the remaining dominions of the Sultan of Zanzibar, including the Islands of Zanzibar,! and Pemba, as well as over the dominions of the Sultan of Witu.f
Withdrawal of German Protectorate up to Kismayu.
And the adjacent territory up to Kismayu, § from which her Protectorate is withdrawn. It is understood that if the cession of the German Coast has not taken place before the assumption by Great Britain of the Protectorate of Zanzibar, || Her Majesty’s Government will, in assuming the Protectorate, accept the obligation to use all their influence with the Sultan to induce him to make that cession at the earliest possible period in consideration of an equitable indemnity.
Art. XII. — Cession of Heligoland by Great Britain to Germany .^J
EDWARD B. MALET.
H. PERCY ANDERSON, v. CAPRI VI.
K. KRAUEL.
Berlin, 1st July, 1890.
* On the 27th-28th October, 1890, an exchange of Notes took place between the Representatives of Great Britain and Germany, at Berlin, fixing the Indemnity to be paid to the Sultan of Zanzibar, as compensation for the permanent cession to Germany of the coast line between the Rivers Umba and Rovuma, and of the Island of Mafia, see p. 907.
f See Notification of British Protectorate over Sultan of Zanzibar’s Dominions, 4th November, 1890, p. 310.
% See also Art. II p. 901. See Notification of British Protectorate over Witu, &c., 19th November, 1890. East Africa Protectorate, p. 364.
§ See also Art. II, p. 901. The Harbour and District of Kismayu were assigned to the British sphere of influence by § 1 of the Anglo-Italian Agreement of 24th March, 1891, see p. 948.
|j Provisional Agreement signed 14th June, 1890 (p. 308). Notification of British Protectorate, 4th November, 1890. (See p. 310.)
If See “ Map of Europe by Treaty,” vol. iv, p. 3286.
906
k
No. 271] GREAT BRITAIN AND GERMANY. [?! Oct., 1890.
[Zanzibar. Cession to Germany. Coastline. Umba to Rovuma.]
No. 271. — NOTES exchanged between the British and German Govern- ments fixing the Indemnity to be Paid to the Sultan of Zanzibar as
Compensation for the Cession to Germany of the Coastline between the
Rivers Umba and Rovuma and of the Island of Mafia. Berlin, %\th
October, 1890.
The British Ambassador at Berlin to the German Minister for Foreign Affairs.
M. le Baron, Berlin, 21th October, 1890.
In pursuance of previous communications on the subject of an accord between Her Majesty’s Government and the Imperial Government for a settlement of the amount of indemnity which the Sultan of Zanzibar shall receive for the loss of revenue resulting from the permanent cession to Germany of the coast-line between the Rivers Umba and Rovuma and of the Island of Mafia,* I have now the honour, under instructions from Her Majesty’s Principal Secretary of State for Foreign Affairs, to propose to your Excellency on behalf of Her Majesty’s Government, the following terms of agreement : —
1. The Imperial Government to pay in London previous to the end of this year the sum of 4,000,000 marks in gold.
2. Until this payment is fully completed the Sultan to continue to receive from the German East Africa Company monthly accounts and payments for all customs duties collected by the Company and due under existing Agreements, f The customs revenues which have been kept back since the 30th June last to be paid over at once.
3. As soon as the sum mentioned in Art. 1 shall be paid, the German East Africa Company to withdraw entirely from any interference what- ever in the affairs of the Zanzibar Custom-house.
4. The German East Africa Company to vacate and give up to the Sultan, at a specified date, to be stated in the reply of the Imperial Government to this note, which shall not be later than the 31st December next, all the warehouses and other buildings belonging to the Sultan, and forming part of or adjoining the Zanzibar Custom-house, and now leased to and occupied by the Company ; all arrears of rent for these buildings to be paid up now and in future monthly until evacuation.
I beg your Excellency to do me the honour to inform me whether the Imperial Government consent to these terms of agreement.
I have, &c.,
EDWARD B. MALET.
* See Art. XI of Agreement between Great Britain and Germany of 1st July, 1890, p. 905, and map facing p. 906.
f Concession by Zanzibar to German East Africa Company of 28th April, 1888, p. 695 ; and Agreement of 13th January, 1890, p. 702.
907
|| Oct., 1890.] GREAT BRITAIN AND GERMaNA. [No. 271
[Zanzibar. Cession to Germany. Coastline. Umba to Kovuma.]
The German Minister for Foreign Affairs to the British Ambassador at Berlin.
(Translation.)
Berlin , 2 8th October , 1890.
The Undersigned has the honour to inform his Excellency Sir Edward Malet, Her Britannic Majesty’s Ambassador, &c., in reply to the note of yesterday’s date, that the Imperial Government agree with the proposals of the English Government respecting the compensation of the Sultan of Zanzibar in return for his cession of his possessions mentioned in that note, and situated on the continent and within the present Concessions of the German East Africa Company, together with their dependencies, such as the Island of Mafia (Art. XI, paragraph 1, of the Anglo-German Agreement of the 1st July, 1890, p. 905).
Taking the points one by one, the Undersigned has the honour to state the adherence of the Imperial Government to the following : —
1. The Imperial Government to pay in London, before the 3 1st December next, the sum of 4,000,000 marks in gold.
2. Until the payment of this sum is fully completed, the German East Africa Company to continue to send to the Sultan monthly accounts for the Customs duties collected by the Company, and to make him such payments as he has the right to claim under existing Agreements. The Customs revenues which have been kept back since the 30th June of this year to be paid over at once, in so far as this has not already been done.
3. As soon as the sum mentioned in Art. 1 shall be paid, the German East Africa Company to withdraw from any interference in the affairs of the Zanzibar Custom-house.
The German East Africa Company to vacate and give up to the Sultan, not later than the 31st December, of this year, all the ware- houses and other buildings occupied by the Company which belong to the Sultan, and either form part of or adjoin the Zanzibar Custom- house. The Company also to pay up at once all arrears of rent for these buildings, in so far as this has not already been done, and to pay the current rent monthly until evacuation.
The Undersigned, while expressing his satisfaction at the fact that this question also has now been satisfactorily settled, avails, &c.
MARSCHALL.
908
No. 272]
(IKE AT BRITAIN AND GERMANY. [Lake Jipe and Kilimanjaro,]
[§^£,1892.
No. 272. — PROTOCOLS between the British and German Commis- sioners for the Delimitation of the Anglo-German Boundary in East Equatorial Africa* Signed at Taveta, on the 21th October, and at Zanzibar, on the 2Ath December, 1892. f
(1.) — Protocol. Taveta, 21th October, 1892.
Mr. Charles Stewart Smith, Her Britannic Majesty’s Consul at Zanzibar, the British Commissioner for the delimitation of the Anglo - German boundary in East Equatorial Africa ; and
Dr. Carl Peters, the Imperial German Commissioner for the de- limitation of the Anglo-German boundary in East Equatorial Africa ;
Having visited the south end of Lake Jipe, and having marked a spot on the water’s edge with a pile of stones, agree to recommend to their respective Governments that this spot should be considered the point to which the boundary runs from the coast.
The pile of stones is situate at the point where the parallel of latitude 3° 40' 40’ 3" south, according to the British observations, 56 in number, or 3° 40' 35-6" according to the German observations, 17 in number, cuts the eastern border of the Lake Jipe.
CHARLES STEWART SMITH.
CARL PETERS.
Taveta, 27th October, 1892.
(2.) — Protocol. Zanzibar, 24 th December, 1892.
The Undersigned, Mr. C. S. Smith, British Consul at Zanzibar, British Commissioner for the delimitation of the Anglo -German boundary in East Equatorial Africa, and Dr. Carl Peters, Imperial German Commissioner, agree to the following : —
Having carefully examined the Anglo-German boundary in East Africa from the coast to the northern side of the Kilimanjaro, the above- named Representatives of the two Governments agree to recommend to their respective Governments to negotiate directly concerning the exact position of the boundary line.
For the British Commissioner, differing from the German Com- missioner, considers that certain parts near to and on the Kilimanjaro have not yet been disposed of by Treaty, and, therefore, cannot be considered as belonging to Germany ; and
The German Commissioner, differing from the British Commissioner, is of opiriion that the wording of the Treaty does not clearly show whether Wanga belongs to the British or German spheres of interest.
The above-named Commissioners agree, however, to recommend to their respective Governments to consent that the boundary-line should meet Lake Jipe at the point where the parallel of 3° 40' 40 -3" south, or 3° 40' 35-6" south, cuts its east bank, according to the terms of the Protocol signed by them on the 27th October, 1892 (see above).
* Under Art. I of Agreement of 1st July, 1890, p. 899, f See also Agreement, 25th July, 1893, p. 911.
909
[No. 273
14 Apr., 1893.] GREAT BRITAIN AND GERMANY.
[Rio del Bey.]
Since the two Boundary Commissioners are not agreed with regard to the terminal point of the boundary -line on the coast, and its course around the Kilimanjaro, they are unable to submit further proposals for the position of the boundary until the two High Governments have decided concerning the districts which are in question.*
C. S. SMITH, British Commissioner.
Dr. CARL PETERS, Kaiserlich Deutscher Kommissar .
Zanzibar, 24th December, 1892.
No. 273. — AGREEMENT between Great Britain and Germany
respecting the Rio del Rey, on the West Coast of Africa. Signed at
Berlin , 14 th April , 1893. f
The undersigned :
1. The Honourable P. Le Poer Trench, Her Britannic Majesty’s Charge d’ Affaires and First Secretary of Embassy ;
2. Sir Claude Macdonald, Her Britannic Majesty’s Commissioner and Consul-General of the Oil Rivers Protectorate ;
3. Dr. Kayser, Privy Councillor, Chief of the Colonial Department of the Imperial German Foreign Office ;
4. B. von Schuckmann, Imperial Councillor in the Foreign Office ;
After discussion of various questions affecting the fiscal interests
of Germany and Great Britain in their respective territories in the Gulf of Guinea and without prejudice to the conditions laid down in Section 2, Article IV, of the Anglo-German Agreement of the 1st July, 1890 (No. 270), as also the conditions laid down in the Anglo -German Agreements of the ““ifaV’ 1886 (No- 260)’ and tlle STEEit, 1886 (No. 263), have come to the following Agreement on behalf of their respective Governments :
Art. I. — That the point named in Section 2, Article. IV, of the Anglo-German Agreement of 1st July, 1890 (No. 270), as the head or upper end of the Rio del Rey Creek shall be the point at the north- west end of the Island lying to the west of Oron, where the two water- ways, named Uriifian and Ikankan, on the German Admiralty Chart of 1889 -90, J meet.
Art. II. — From this upper end of the Rio del Rey to the sea, that is to say, to the promontory marked West Huk on the above men- tioned chart, the right bank of the Rio del Rey waterway shall be the boundary between the Oil Rivers Protectorate and the Colony of the Cameroons.
Art. III.— The German Colonial Administration engages not to
* See Agreement, 25th July, 1893, p. 911.
t Signed in the English and German languages. See also Agreement, 15th November, 1893, p. 913.
t “ Miindungsgebiet der Fliisse Aqua Jafe, Rio del Rey, Meta, Andonkat, and Meme. Aufgenommen vom Kommando S.M. Kr. ‘ Habicht.’ 1889 — 90.”
910
'“-gf ' :: .
•... y V'.
No. 274] (TREAT BRITAIN AND GERMANY. [25 July, 1893.
[Boundaries. IJmba River to Lake Jipe. Kilimanjaro.]
allow any trade-settlements to exist or be erected on tbe right bank of the Rio del Rey Creek or waterway. In like manner the Administra- tion of the Oil Rivers Protectorate engages not to allow any trade- settlements to exist or be erected on the western bank of the Backasay (Bakassey) Peninsula from the first creek below Archibong’s (Arsibon’s) village to the sea, and eastwards from this bank to the Rio del Rey waterway.
(LB.) P. LE POER TRENCH.
(LB.) CLAUDE M. MACDONALD. (LB.) DR. KAYSER.
(LB.) B. v. SCHUCKMANN.
Berlin, April 14th, 1893.
No. 274. — AGREEMENT between Great Britain and Germany
respecting Boundaries in East Africa from the Mouth of the Urnba
River to Lake Jipe and Kilimanjaro. Signed at Berlin, 25th July,
1893*
The Undersigned, Sir Edward Baldwin Malet, Her Britannic Majesty’s Ambassador Extraordinary and Plenipotentiary ; Mr. Charles Stewart Smith, Her Britannic Majesty’s Consul at Zanzibar ; Baron Marschall von Bieberstein, Privy Councillor, Imperial German Secretary of State for Foreign Affairs ; and Dr. Carl Peters, Imperial Commissioner, have agreed, on behalf of their respective Governments, in partial execution of the provisions of Article I of the Anglo-German Agreement of the 1st July, J 890 (No. 270), that the boundary between the British and German spheres of interest in East Africa from the Indian Ocean to the northern side of the Kilimandsharo shall run as follows : —
Section l.f On the coast the line shall start from the high-water mark on Ras Jimbo, and shall run from thence in a straight line to the point where the parallel of 3° 40' 40 • 3" S. (astronomically determined) cuts the eastern bank of Lake Jipe. But on the coast the boundary shall be deflected as follows : It shall run from the Indian Ocean along the northern bank of the Jimbo Creek, making the foreshore in the British sphere, as far as the eastern mouth of the Ngobwe Ndogo. It shall then follow the eastern bank of the Ngobwe Creek to its end, and then run to the point where the above described straight line from Ras Jimbo to Lake Jipe meets the rising ground on which the village of Jasini stands.
Section 2.J From the point on Lake Jipe, described in Section 1, the boundary line shall follow the eastern side of Lake Jipe, and round the northern side of the lake crossing the River Lumi, and following
* The boundary from Lake Jipe to Lake Victoria and the Independent State of the Congo (now Belgian Congo) was defined in the Agreement of 18th July, 1906, referred to on p. 942.
t See Agreement of January- April, 1900, relative to the boundary at Jassin and in the bend of the Umba River, p. 921.
$ This Section was annulled by Art. X of the Agreement of 18th July, 1906, referred to on p. 942.
911
25 July, 1893.] GREAT BRITAIN AND GERMANY. [No. 274
[Boundaries. TJmba River to Lake Jipe. Kilimanjaro.]
the northern bank of the Ruin River (by which is also understood its swamp), as far as the point which is distant 1 English mile east of the German road going from the Marangu station to the coast. From thence it shall run to the summit of Chala Hill in the manner shown in the annexed map. The boundary line shall bisect the Chala Lake. From the north side of the Chala Lake onwards the boundary line shall run parallel to the track, as shown in the annexed map, and 1 English mile west of it as far as the latitude of the so-called Useri Camp. It shall then run at a distance of 1 kilom. south-west of the track shown in the annexed map as going to Laitokitok, as far as the point where it crosses the Ngare Longei (Rongei).
Section 3. With reference to the annexed maps the provisions of the attached Protocol of the 8th instant shall hold good. (See below.)
Berlin, 25th July, 1893.
EDWARD B. MALET.
CHARLES STEWART SMITH.
Protocol respecting Maps and Surveys. 8th July, 1893.
The Undersigned, Mr. Charles Stewart Smith, Her Britannic Majesty’s Consul at Zanzibar, the British Commissioner, and Dr. Carl Peters, the Imperial German Commissioner for the Delimitation of the Anglo -German Boundary in East Equatorial Africa, agree to adopt as the basis for the negotiations respecting the Anglo -German Boundary in East Equatorial Africa the maps constructed on the triangulation of Commissioner Smith, together with the survey of the neighbourhood of Vanga, conducted by Lieutenant Fromm of the Imperial German Navy.*
The future correction of mistakes, if such should be proved to exist by further examination, is mutually reserved.
Berlin, 8th July, 1893.
C. S. SMITH,
British Commissioner.
[For Arrangement of January- April, 1900, fixing the Boundary at Jassin and in the Bend of the Umba River, see No. 278, p. 921.]
* Sheet 1. From the mouth of the Umba River to Lake Jipe.
„ 2. Kilimanjaro and the neighbourhood.
„ 3. Mouth of the Umba and Wanga.
„ 4. Triangulation chart.
„ 5. Position of Ras Jimbo.
See reduced map facing this page. The five sheets above mentioned were laid before Parliament with the Agreement.
912
To face page. 912.
33**! 10 ' Longitude East of Greenwich
COUNTRY NEAR
V A N G A
Scale: I5V20 or I inch - 2 Miles 10 12 3MILES
n by Lieut G E.Srrtith, R E
IVIap to Illustrate Anglo-German Agreement of 2 5™ July 1893. Umba River to Lake Jipe& Kilimanjaro.
Ho. 275] GREAT BRITAIN AND GERMANY. [15 Nov., 1893,
[Boundaries. Gulf of Guinea into the Interior, Yola, Lake Chad.]
No. 275. — AGREEMENT between Great Britain and Germany
respecting Boundaries in Africa. Signed in the English and German
Languages at Berlin , 15 th November , 1893.*
The Undersigned,
1. Mr. Martin Gosselin, Her Britannic Majesty’s Charge d5 Affaires ;
2. Baron von Marschall, Actual Privy Councillor, Imperial German Secretary of State for Foreign Affairs.
Boundaries. Gulf of Guinea into the Interior.
After discussion of points connected with the question of the de- limitation of the boundary between the territories under the influence of their respective Governments in the region extending into the interior from the Gulf of Guinea, which question has already been partially determined by the Anglo-German Agreements of the 1885
(No. 260), ^ 1886 (No. 263), 1st July, 1890 (No.’ 270), and April 14th, 1893 (No. 273), have come to the following Agree- ment on behalf of their respective Governments : — -
Point to East of and close to Yola.
Art. I. — The above-quoted Agreement of 1886 (No. 263) having stipulated that the point where the boundary shall reach the River Benue shall be fixed to such a point to the east of and close to Yola as may be found on examination to be practically suited for the de- marcation of a boundary, that point shall be fixed as follows : —
The boundary, drawn from the point on the right bank of the Old Calabar or Cross River, about 9° 8' of longitude east of Greenwich, marked “ Rapids ” in the English Admiralty Chart referred to in the above-quoted Agreement of 1885 (No. 260), shall follow a straight line directed towards the centre of the present town of Yola.
From that centre a measuring line shall be drawn to a point on the left bank of the River Benue five kilometres below the centre of the main mouth of River Faro ; from the latter point the circumference of a circle, the centre of which is that of the present town of Yola, and the radius of which is the aforesaid measuring line, shall be de- scribed, south of the Benue, continuing till it shall meet the straight line drawn from the Old Calabar or Cross River. The boundary, deflecting from that straight line at this point of intersection, shall follow the circumference of the circle till it shall arrive at the point where the circumference reaches the Benue. This point on the Benue shall henceforth be accepted as the point to the east of, and close to, Yola, mentioned in the Agreement of 1886 (No. 263).
Continuation of Boundary Line to Lake Chad.
Art. II. — The boundary determined in the preceding Article shall be continued northward as follows :■ —
* See also Agreements of 12th December, 1902, p. 930, and 19tli March, 190G, p. 937.
(1714) 913 " 3 N
15 Nov., 1893 J GREAT BRITAIN AND GERMANS. [No. 275
[Basin of River Shari. Darfur, Kordofan and Bahr-el-Ghazal.]
A line shall be drawn from the point on the left bank of the River Benue fixed in that Article, which, crossing the river, shall go direct to the point where the 13th degree of longitude east of Greenwich is intersected by the 10th degree of north latitude. From that point it shall go direct to a point on the southern shore of Lake Chad, situated 35 minutes east of the meridian of the centre of the town of Kuka, this being the distance between the meridian of Kuka and the 14th meridian east of Greenwich measured on the map [by Kiepert*] pub- lished in the German Kolonial Atlas of 1892.f
In the event of future surveys showing that a point so fixed assigns to the British sphere a less proportion of the southern shore of Lake Chad than is shown in the aforesaid map, a new terminal point making good such deficiency, and as far as possible in accordance with that at present indicated, shall be fixed as soon as possible by mutual agree- ment. Until such agreement is arrived at, the point on the southern shore of Lake Chad, situated 35 minutes east of the meridian of the centre of the town of Kuka, shall be the terminal point.
Boundary Line Subject to Rectification .
Art. III. — Any park of the line of demarcation traced in this Agree- ment, and in the preceding Agreements above quoted, shall be subject to rectification by agreement between the two Powers. J
British and German Spheres of Influence .
Art. IV.— The territories to the west of the boundary line traced in the present Agreement, and in the preceding above- quoted Agree- ments, shall fall within the British sphere of influence, those to the east of the line shall fall within the German sphere of interest.
German Sphere not to Extend Eastward beyond the Basin of the River Shari , Darfur, Kordofan, and Bahr-el-Ghazal.
It is, however, agreed that the influence of Germany in respect to her relations with Great Britain shall not extend eastwards beyond the basin of the River Shari, and that Darfur, Kordofan, and Bahr-el- Ghazal, as defined in the map published in October, 1891, by Justus Perthes, shall be excluded from her influence, even if affluents of the Shari shall be found to lie within them.
Non-interference of either Power in Sphere of Influence of the other .
Art. V. — The two Powers take, as regards the extended spheres of influence traced in the present Agreement, a similar engagement as regards their respective spheres to that taken in the preceding above- quoted Agreements.
* These words were accidentally omitted from the English text of the Agreement, but it was arranged by an exchange of Notes, signed at Berlin, 23rd December, 1893, that they should be considered as forming part and parcel of the context of Art. II in the same juxtaposition as they appear in the German text.
t “ Deutscher Kolonial Atlas.”
t See Agreement of 19th March, 1906, p. 937, as regards the boundary from Yola to Lake Chad.
914
Map to Illustrate the
BOUNDARY BETWEEN GREAT B R ITAI N & GE RM AN Y, I N WE ST A F R I C A
According to Agreement of 15,h November 1893
No. 275] GREAT BRITAIN AND QERMANY. [15 Nov., 1893.
[Navigation of Niger. Hinterland.]
They agree that neither will interfere with the sphere of influence of the other, and that one Power will not, in the sphere of the other make acquisitions, conclude Treaties, accept sovereign rights or Protectorates, or hinder or dispute the influence of the other.
Navigation of the Niger.
Art. VI. — Great Britain recognizes her obligation to apply as regards the portion of the waters of the Niger and its affluents under her sovereignty or protection, the provisions relating to freedom of navigation enumerated in Articles 26, 27, 28, 29, 30, and 33 of the Act of Berlin of February 26, 1885 (No. 128). Germany on her side recognizes her obligation, under the 32nd Article, to be bound by those provisions as regards the portion of the waters under her control.
Berlin, the 15th November, 1893.
MARTIN GOSSELIN,
FREE, von MARSCHALL.
On the 24th February, 1894,* a Convention was concluded between Great Britain and Germany, establishing a Customs Union between the Gold Coast Colony, east of the Volta, and Togoland.
It was stipulated therein that the British possessions on the Gold and Slave Coasts, lying to the east of the River Volta and the German possessions on the Gold and Slave Coasts should form a single Custom Territory, without any intervening Customs barrier, in such a manner that one and the same rate of Customs Duty should be levied within them, and that goods having paid Customs Duty on the one territory might be imported into the other without additional payment. The Convention was, however, denounced by the German Government and consequently terminated on the 30th April, 1904.f
Hinterland. — On the 9th November, 1884, the German Ambassador in London (Count Munster) addressed a note to Earl Granville on the subject of the Cameroons Territory, in which he said : —
“ The distance to which the frontiers of the German Protectorate extend inland cannot at present be defined. In regard to this the Imperial Government reserves its freedom of decision, in the same way as the English do in the occupation of portions of a Coast line, as shown recently by the proclamation of a British Protectorate over the South Coast of New Guinea, as to which Mr. Ashley stated, on the 25th ult. in the House of Commons, that it was not then possible to define the inland frontiers of the English Protectorate, but that the Protectorate would be extended as far as local circumstances might demand.5’ (S. P., vol. Ixxvi, p. 758.)
* S.P., vol. Ixxxvi, p. 37.
f See Notification of 8th December, 1903, S.P., vol. xcvii, p. 102.
(1714)
915
3 n 2
11 Nov., 1898 j GkEAT BRITAIN AND GERMANY.
[Nyasa-Tanganyika Boundary.]
[No. 276
No. 276. — PROTOCOL containing the Decisions of the Commissioners appointed to delimit the Nyasa-Tanganyika Boundary. Signed at Ikawa, 11th November , 1898.
The Undersigned having been appointed Commissioners to delimit the frontier between British and German territory from Lake Nyasa to Lake Tanganyika, as laid down in the Agreement of the 1st July, 1890,* have accordingly surveyed the zone of the boundary and have come to the following agreement : — •
1. Since by the Agreement of the 1st July, 1890, the boundary largely depends on the position of two meridians, we decided to carry out a triangulation along the boundary ; the triangulation is based on the position of a point on the south shore of Kambwe Lagoon ; we agree that the geographical position of this point is latitude 9° 53' 57", longitude 33° 56' 5".
2. For the purpose of discussing boundary matters, We further agree upon the geographical positions of the points in the following list. These points are either on the boundary, or very near it : —
|
Place. |
Values agreed upon. |
Remarks. |
|
|
Latitude. |
Longitude. |
||
|
South bank of the mouth of the Songwe River |
9 42 53 |
0 / // 33 56 12 |
A trigonometrical point about 50 yards south of the bank. |
|
Intersection of meridian of 33° east with the Katendo River |
9 22 4 |
33 0 0 |
The mean position of two boundary pillars, one on each side of the Katendo. |
|
Boundary pillar north of Fife |
9 17 21 |
32 38 53 |
A pole surrounded by a heap of stones. |
|
Intersection of meridian of 32® east with the watershed of the Congo basin |
9 4 31 |
32 0 0 |
Marked by a brick pillar west of Mambwe. |
|
East end of Saisi Bridge |
8 55 46 |
31 43 56 |
Trigonometrical point where the Stevenson road crosses the Saisi River. |
|
Junction of the Rivers Kalambo and Safu Sandspit at the mouth of the Kalambo River |
8 35 32 |
31 21 42 |
To be agreed upon. |
3. We agree that the boundary shall run as follows Starting from the mouth of the River Songwe at Lake Nyasa, it ascends that river until its junction with the Katendo stream in the Chitete district ; it then follows the Katendo stream until its inter- section with the meridian to 33° east ; at this point two pillars have been built, one on each side of the Katendo.
From this point the boundary goes in a straight line at an azimuth of 50° to the top of Ngungulu (Nkungulu) Hill, which is on the water- shed of the Congo Basin.
* Art. T, § 2, see p. 900.
916
No. 276] GREAT BRITAIN AND GERMANY. [U Nov., 1898.
[Nyasa-Tangranyika Boundary.]
From this hill the boundary goes along the Watershed to a boundary- pillar 4 miles (6J- kilom.) to the west, and thence to a pillar at the source of the Mpemba stream.
Here the boundary leaves the Watershed and follows the Mpemba stream to a point 130 yards to the north of Tontera village, where a boundary-post has been erected on the left bank of the stream.
From this point the boundary goes in a straight line due west for 2,800 yards (2,560 metres), where there is a boundary-pillar on the watershed.
The boundary then goes along the Watershed passing the following pillars
(1) A pillar on the Kumbi Hill.
(2) A post about 1 mile 75 yards (3 kilom.) north of Fife.
(3) A post about 400 yards south of the source of the Maldmbo stream.
(4) A post about midway between the old and new Stevenson road,
(5) A post 1 mile east of Normbwe village.
(6) A post 1 mile (1*7 kilom.) south-east of Chisitu village.
Here the boundary leaves the watershed, and goes in a straight line to a post about 0*75 miles (1,200 metres) north-west of Ikomba, and from this point in a straight line to a post in the Zuwa Forest, about 2 miles south of the village of Karimanzira ; this post is on the watershed.
From this point the boundary runs along the watershed, passing the following boundary-posts : —
(1) A post 700 yards west of Chowere (Tshowere) village.
(2) A post on Dondondu Hill.
(3) A post about half-w'ay between the villages of Msungo and Mambwe.
The boundary then continues along the Watershed, passing through three pillars in the neighbourhood of Mambwe, which are shown on a special plan. The last of these pillars is at the intersection of the watershed with the meridian of 32° east.
The boundary then runs in a straight line to the source of the Masieti stream, and follows the stream until its junction with the Masia.
Thence in a straight line to a boundary-post south of the ruined village of Ipundu, on the left bank of the Ipundu Eiver.
Thence in a straight line to the junction of the Rivers Saisi (Ssaissi) and Kasokolwa (Kassokorwa).
It then ascends the Saisi (Ssaissi) River until the entry of the Lumi (Rumi). River.
Thence the boundary ascends the Lumi until the entry of the Mkomba (Mkumba) stream.
Thence it ascends the Mkomba (Mkumba) stream to its source.
Thence the boundary goes in a straight line to the centre of a narrow saddle between the source of the Mozi (Mosi) and Chipoko (Tshipoko) streams, and thence in a straight line to the south-east source of the Samfu River.
917
[No. 276
11 Nov., 1898.] GREAT BRITAIN AND GERMANY.
[Nyasa-Tang-anyika Boundary.]
Thence it follows the Samfu (Ssafu) Eiver to its junction with the Kalambo, and thence follows the Kalambo Eiver to its mouth in Lake Tanganyika.
4. In all cases when a river or stream forms the boundary it is said to be understood that the boundary-line is the “ thalweg ” of the stream ; but in cases where the “ thalweg 55 is indeterminate, the centre line of the bed is to be taken as the boundary.
If any river forming part of the boundary should change its course in the future, the “ thalweg,” or centre line of the old bed, as it exists on this date, shall still be the boundary-line.
5. No fresh determination of the geographical position of any natural features, or boundary pillar mentioned in the Protocol, shall alter the boundary here laid down ; the boundary shall still be defined by the same features and pillars, notwithstanding any erroneous description of their geographical positions in the Protocols or maps of this Commission.
6. As we have as far as possible exchanged equal areas of territory on each side of the theoretical boundary, we suggest that this Agree- ment should be ratified as soon as possible in order that the decisions of the two Governments may be out here before the close of the next harvest at the end of September, 1899.
Should the ratification arrive after this, those natives whose villages are separated from their crops by the boundary shall, in any case be allowed to gather such crops until the 31st October, 1899.
7. It is desirable that, pending the approval by the British and German Governments of the boundary-line above described, the areas of the Administrations of the British and German authorities shall be considered to be bounded by the line so described, and we will suggest to the Local Governments that they should observe this line with the exception described above concerning the crops.
8. All boundary-pillars are under the joint protection of the British and German Governments.
The British Government will arrange to protect the longitude pillars at Nkata Telegraph Camp and at Kambwe Lagoon, and the two base pillars near the mouth of the Eiver Songwe.
9. Should it be necessary to rebuild or repair any boundary-pillar, the Local Governments concerned will each send a Eepresentative for the purpose.
If in the future it is considered necessary to define the boundary more rigidly, one Eepresentative from each Government concerned shall be sent to build intermediate pillars ; the positions of such pillars shall be based on the boundary-line as shown on the maps of this Commission.
10. We suggest that from this date the Local Governments shall point out to the inhabitants of the boundary zone the position and meaning of the boundary-line.
11. Between this date and the date of the arrival of the ratifica- tion of the boundary-line in this countrv, the Local Governments
918
No. 277]
GREAT BRITAIN AND GERMANY. [West Africa, Zanzibar, &c.]
[14 Nov., 1899.
will not oppose any obstacle to the movements of any natives who wish to cross the boundary from one side to settle on the other side. Signed at Ikawa, this 11th day of November, 1898,
C. F. CLOSE, Captain , RE,, British Commissioner ,
HERRMANN, German Commissioner ,
[See Agreement between Great Britain and Germany of 23rd February, 1901 (No. 279), relative to this Line of Boundary.]
No. 277. — CONVENTION between Great Britain and Germany for the
Settlement of the Samoan and other Questions . (West Africa : Zanzi- bar, dc.) Signed at London , 14^ November , 1899.
[Ratifications exchanged at London and Berlin, 16th February, 1900.]
The Commissioners of the three Powers concerned having in their Report of the 18th July last expressed the opinion, based on a thorough examination of the situation, that it would be impossible effectually to remedy the troubles and difficulties under which the Islands of Samoa are at present suffering as long as they are placed under the joint administration of the three Governments, it appears desirable to seek for a solution which shall put an end to these difficulties, while taking due account of the legitimate interests of the three Governments.
Starting from this point of view the Undersigned, furnished with full powers to that effect by their respective Sovereigns, have agreed on the following points : —
Art. I. — The first part relates to Samoa.
West Africa (Eastern part of Neutral Zone to Germany).
Great Britain recognizes as falling to Germany the territories in the eastern part of the neutral zone established by the Arrangement of 1888* in West Africa. The limits of the portion of the neutral zone falling to Germany are defined in Art. V of the present Convention.
Art. Il.—The first part relates to Tonga and the Solomon Islands .
West Africa (Western Part of Neutral Zone to Great Britain).
The western portion of the neutral zone in West Africa, as defined in Art. V of the present Convention, shall also fall to the share of Great Britain.
[Arts. Ill and IV relate to Samoa and Tonga.]
* Joint recommendations were made in December, 1887 (see p. 890), by the British and German Commissioners, with regard to the future limits of British and German Protectorates and Spheres of Influence in the territories lying in the interior of the Gold Coast Colony and the German Togo Protectorate. These recommendations were agreed to by the two Governments in 1888, and constituted the “ Arrangement of 1888 ” referred to in this Article. The “ neutral zone ” commenced at the confluence of the River Dakka with the Yolta. See Art. IV, § 1 of the Anglo-German Agreement of 1st July, 1890, p. 903,
919
H Nov., 1899.] GREAT BRITAIN AND GERMANY.
[Gold Coast and Togroland. Zanzibar.]
[No. 277
West Africa. Neutral Zone. Frontier. ( Gold Coast and Togoland.)*
Art. V. — In the neutral zone the frontier between the German and English territories shall be formed by the River Daka as far as the point of its intersection with the 9th degree of north latitude, thence the frontier shall continue to the north, leaving Morozugu to Great Britain, and shall be fixed on the spot by a Mixed Commission of the two Powers, in such manner that Gambaga and all the territories of Mamprusi shall fall to Great Britain and that Yendi and all the territories of Chakosi shall fall to Germany.
Reciprocal Tariffs. Togo and Gold Coast.
Art. VI. — Germany is prepared to take into consideration, as much and as far as possible, the wishes which the Government of Great Britain may express with regard to the development of the reciprocal Tariffs in the territories of Togo and of the Gold Coast.
Renunciation by Germany of Rights of Extraterritoriality in Zanzibar.
Art. VII. — Germany renounces her rights of extraterritoriality in Zanzibarf but it is at the same time understood that this renunciation shall not effectively come into force till such time as the rights of extra- territoriality enjoyed there by other nations shall be abolished.^
Ratification.
Art. VIII. — The present Convention shall be ratified as soon as possible, and shall come into force immediately after the exchange of ratifications.
In witness whereof the Undersigned have signed it, and have affixed thereto their seals.
Pone in duplicate at London, the 14th day of November, 1899.
(L.S.) SALISBURY.
(L.S.) P. HATZFELDT.
* See also Convention of Decemtn^ 1901, p. 927. The boundary between the Gold Coast and Togoland to the north of the 9th degree of north latitude was defined by Notes exchanged between the two Governments at Berlin on 25th June, 1904, see p. 935.
f Acquired under Treaty with Zanzibar of 20th December, 1885. See Zanzibar, p. 320.
X This condition being fulfilled, German subjects were placed under the jurisdiction of the British Courts by Imperial German Order of 11th June, 1907.
920
No, 278]
GREAT BRITAIN AND GERMANY. [Jassjn and Umlba Valley.]
[28 Jan., 1900.
No. 278 — ARRANGEMENT between Great Britain and Germany fixing
the Boundary at J assin and in the bend of the Urnba River* January -
April, 1900. f
(1.)
Sir A. Hardinge to Major-General von Liebert.
Sir, Dar-es-Salaam, 28 th January , 1900.
I have the honour to place on record, and to request you to be good enough, should you consider it correct, to confirm it, the result of our conversation of this morning on the subject of the outstanding boundary question still requiring to be settled at Jasin.
Our respective Governments having allowed us to dispose of this question locally we agreed upon the following arrangement.
The provisional line running along the rising ground of Jasin as drawn by Herr Meyer and myself from the point at which the rising ground is, according to the latest records, intersected by a straight line from Ras Jimbo to Lake Jipe (known as Dr. Stuhlmann’s Hill) to the landing-place at Jasin, to be maintained as permanent.
A line to be drawn from opposite the landing place at Jasin to the point marked on Herr Bohler’s map as the termination of the Ngobwe Creek.
We agreed that in drawing this latter line, the persons deputed by you to fix the boundary should be empowered to allow it to deviate from an absolutely straight course where such deviation was rendered necessary by the special local considerations, such as native paths or divisions of fields, and that at Jasin itself the present line might, if this was found more convenient, be altered as to place the northern landing-place entirely on British, and the southern landing-place entirely in German, territory.
We further decided that the continuation of the delimitation of the line from Dr. Stuhlmann’s Hill to the point at which both banks of the Umba become German territory should be taken in hand in the man tier suggested to you in Mr. Craufurd’s note of the 13th April, 1899.
ARTHUR H. HARDINGE.
Major-General von Liebert to Sir A. Hardinge.
(Translation.)
Sir, Dar-es-Salaam, 2 8th January, 1900.
I have the honour to acknowledge the receipt of your kind com- munication of to-day’s date, and to express myself in agreement with the contents of the same on every point.
I will commission Councillor Dr. Stuhlmann to undertake, in the German interests, the marking of the frontier at Jasin, and on the bend
* See Agreement of 25th July, 1893, p. 911.
f The German Government signified its approval of this Agreement by No to addressed to the British Charge d’ Affaires at Berlin on the 27th July, 1900.
921
[No. 278
14 Feb., 1900.] GREAT BRITAIN j\ND GERMANY.
[Jassin and Umba Valley.]
of the Umba, which has just been determined by us. He will arrive in Jasin on the 6th February this year, and there place himself at the disposal of either yourself or of the official designated by you.
von LIEBERT.
(2.) Protocol of Agreement between the British and German Governments ,
respecting the Jassin and Umba Valley Boundary. — Signed at Jassin ,
14 th February , 1900.
The Undersigned, empowered by their respective Governments, have this day made the following Agreement respecting the Anglo - German boundary at Jassin, and in the bend of the Umba River : —
T. The boundary follows the left bank of the Ngobwe to about the point No. 13 on Mr. Boehler’s Map. But inasmuch as since the drawing of the map the Ngobwe has altered its course, the exact point No. 13 has not been taken as a boundary, but a point situated on a branch of the river flowing out of the rice-fields, the situation of which has been determined by means of cross-bearings taken by signal fires from point No. 5 and from point No. 2 of Mr. Boehler’s Map. This point has been marked by a tall mangrove-post painted with tar.
II. From this point the boundary follows N.70 E. (astronomical) in a straight line to point No. 5 (large baobab tree on the high part of the bank). On this line several mangrove-poles have been planted in the rice-fields and in the mangrove forest. The line is cut through the forest.
III. On the high bank the boundary goes from the baobab at No. 5, past a second baobab to a third baobab. Tavo blocks of cement have been placed in the intervening space, and marks have been cut upon the baobabs.
IY. From the third baobab the boundary turns to the line drawn by Sir Arthur Hardinge and Mr. Meyer. On this connecting-line two blocks of cement have been placed (one in the middle and one at the end). On the former provincial boundary-line one cement block has been placed at the point where a path coming from the house of the D.O.A.G. (German East Africa Company’s) Settlement crosses the frontier. The frontier passes a few metres west of point No. 12, strikes point No. 2, and turns to point No. 11 (white ant-hill known as Dr. Stuhlmann’s hill). The line from point No. 5 to point No. 2 has been accurately mapped by Surveyor Lang by tachymetry.
Y. The theoretical, astronomical azimuth of the boundary-line (Jimbo-Jipe) has been calculated from point No. 11 at N. 55° 22' 41" W. This direction has been accurately determined by the use of Boehler’s co-ordinates, and has been indicated by a stone set-up about 100 metres from the ant-hill. The magnetic azimuth of the boundary (in June, 1897, the magnetical variation was 7° 46' W., the annual decrease 8'-10') has been taken as N. 48° W.
YI. Nearly 3 kiloms. of the boundary-line have been cut through the forest. A stone has been placed at the point where the path coming from Zego cuts the line on the western side of the Msemalale swamp.
922
No. 278]
GREAT BRITAIN AND GERMANY. [Jassin and Umlba Valley.]
[3 Apr., 1900.
VII. The point where the boundary-line strikes the Umba could not be fixed, as there is dense uninhabited bush. Here, instead of that point, one has been fixed where the boundary crosses the path leading from Makunjeni (Changaniko on the British Boundary map) to Mwa Kijembe. Signals fired at Makunjeni were observed at point No. 11 to be 10 J° north of the boundary line. A road survey from Makunjeni to the south-west along the path showed a distance to the end of the road of some 3,500 metres in a straight line from Makunjeni. The point at which the road ended, as shown in the British boundary map, was found to lie 500 metres across the boundary. Signals fired here were observed from point No. 11 to be 2° south of the frontier-line, which corresponds very closely with the road survey. The path was then retraced for 625 steps, and a mound erected at this point as a boundary mark. Signals fired thence were observed from point No. 11 to show only a very slight deviation southwards from the boundary line. These signals were observed from Makunj eni with a bearing of N. 116 0 W. From the frontier point an opening has been cut through the forest in the same direction as the frontier-line towards the Umba. Until such time as exact astronomical observations have been made here, or until the frontier-line is cut through the bush, exactly from point No. 11 to this place, this point shall be taken as the frontier, so that Makunjeni (Changaniko) is British, Rangi, Buta and Mwa Kijembe German.
VIII. As in the country to the south of the Umba there are no villages, the fixing of the frontier points on the path crossing the frontier is not urgent. The Undersigned agree that till the frontier has been cut through the forest, the frontier points shall be taken to be a distance of three-quarters of an hour’s caravan march on the path leading southwards from Maharani (Gonja) and one hour and twenty minutes on the two paths leading southwards from Jilibe.
IX. It is agreed that the inhabitants of the territories on either side of the line who have cultivated their fields beyond the frontier as now fixed shall be allowed to gather and remove the crops now standing in their fields without paying duty.
X. Two copies of this Protocol have been, signed. In case of doubt the German text is to be regarded as authoritative.
14 th February , 1900.
EDWARD S. H. J. RUSSELL, Acting Collector, Vanga.
Dr. F. STUHLMANN, KaiserlieJter Regierungsrath.
(3.) Major-General von Liebert to Sir A. Hardinge. (Translation.)
Sir, • Dar-es-Salaam, 3rd April, 1900.
I have the honour to transmit to you herewith a copy of the frontier Protocol drawn up by Mr. Russell and Dr. Stuhlmann respecting the boundary at Jasin.*
* See No. 2, p. 922.
923
25 Apr,, 1900,]
GREAT BRITAIN AND GERMANY.
[Jassin and Umba Valley,]
[No. 278
I transmit also a copy of M. Bohler’s map* as altered in accordance with the recent delimitation, and a sketch map* showing the angles established by means of the observation of rockets on the frontier in the bend of the Umba valley.
It will, I think, suffice if you inform me in a note that you accept these two maps as forming part of the Protocol signed by Mr. Eussell and Dr. Stuhlmann.
I regret that I am unable to alter the expression left bank ” to “ course ” (thalweg), as this would mean for me a cession, without good reason, of territory which would be inconsistent with the Agree- ment of 1893. On my inquiry respecting this point, Dr. Stuhlmann explained to me that he had only made the correction in order to bring the Protocol into verbal accord with the Agreement of the 25th July, 1893. (No. 274.)
It will, on the other hand, be sufficient for me if you will inform me by means of an exchange of notes, as you suggested on the' 6th March last, that it will not be allowed, within the rice fields marked on the inclosed map as “ Rieself elder,” to draw off the water by means of dykes, dams, &c., from another portion of them, across the frontier, and that this exchange of notes is to be regarded as a supplement to the Arrangement of the 28th January.
von LIEBERT.
Sir A. Hardinge to Major-General von Liebert.
Sir, Mombasa , 25 th April, 1900.
I have the honour to acknowledge the receipt of your note of the 3rd instant, which, however, owing to my absence in the interior, only reached me a few days ago, inclosing a copy of the Protocol signed on the 14th February by Dr. Stuhlmann and Mr. Russell, a map by Herr Bolder of the boundary at Jasin, and a sketch map showing its continua- tion to the neighbourhood of the frontier villages of Makonjeni, Buta, and Rangi.
In thanking you for these papers, I hereby beg to convey to you my acceptance of the two maps as annexes to the Protocol, whose meaning they illustrate and express.
I withdraw my objection to the definition of the frontier as following the left bank of the Ngobwe, as I find that definition is in harmony with the text of the Berlin Agreement of 1893 (No. 274) which at the time when I raised the point above-mentioned, I had not at hand to refer to.
I am prepared to agree to your proposal that the residents on either side of the frontier-line shown on Dr. Bohler’s map of the Ngobwe and Jasin boundary shall not be permitted to draw off by dams or other means the water from the land marked thereon as paddy fields (Riesel- f elder) on the other side of the line, and will cause instructions to that effect to be given to the local collector and district officer. You will doubtless give similar instructions to the competent German local authority.
* See Maps Nos. 26 and 27 in Atlas (or Pouch).
924
Mo. 2?9]
a-MAtf BRITAIN AND d-ERMANY. [23 Feb., 1901.
[Nyasa. Tanganyika.]
I concur in your suggestion tliat your note to me of the 3rd instant, and the reply which I have hereby the honour to make to it, should be regarded as forming part of, and completing, the Arrangement recorded in the notes exchanged between us on the 28th January last (p. 921).
ARTHUR H. HARDINGE.
No. 279. — AGREEMENT between Great Britain and Germany
relative to the Boundary of the British and German Spheres of Interest
between Lakes Nyasa and Tanganyika . Signed at Berlin, 23 rd
February, 1901.
The Undersigned, Sir Frank Cavendish Lascelles, His Britannic Majesty’s Ambassador Extraordinary and Plenipotentiary, and Baron von Richthofen, Imperial German Secretary of State for Foreign Affairs, in the name of their Governments, after examination of the proposals of the Mixed Commission* which, in pursuance of Art. VI of the Agreement between Germany and England of 1st July, 1890 (No. 270), was entrusted by the respective Governments with the delimitation on the spot of the boundary of the German and English spheres of interest between Nyasa- and Tanganyika Lake, have agreed as follows : —
Sec. 1. — The boundary shall take the following course, indicated on the annexed mapf by a black chain line, excepting where natural watercourses form the boundary. It begins at the mouth of the SongWe River at Lake Nyasa and follows this river upwards to its junction with the Katendo Stream in the Shitete district ; it then follows the Katendo upwards to its intersection with longitude 33, east of Greenwich, ascertained by the Commission, which is marked on both sides of the Katendo by a boundary pillar (1) ; it then runs in a straight line at an azimuth of 230° (from the true north) to the top of Nakungulu (Nkungulu) Hill (2), which is on the waterparting of the geographical Congo Basin. From here the boundary goes along the waterparting past a boundary pillar (3) about 6*5 kilom. from Nakungulu to a boundary pillar (4) opposite to the source of the Mpemba Stream ; here it leaves the waterparting and follows the Mpemba downstream to a boundary pillar (5) on the left bank about 119 metres north of the village Tontera ; from this point it goes in a straight line to the true west to a boundary pillar (6) about 2,560 metres off again on the waterparting ; it then follows the waterparting between the Nkana and its affluents on the north and the Karunga and its affluents on the south past the following boundary pillars : —
(1) Kumbi Hill (7).
(2) About 3 kilom. north of the English Station Fife (8).
(3) About 400 metres south of the source of the Ntakimba Stream (9).
(4) Between the old and the new Stevenson Road (10).
(5) About 1,700 metres from Nombwe village (11).
(6) About 1,700 metres from Kissitu village (12).
* See Protocol of 11th November, 1898, p. 916. f See Diagram Map facing p. 926, and Map No. 28 in Atlas
925
(or Pouch).
[No. 27
23 Feb., 1901.] G&EAT BRITAIN AND GEBMAnY.
[Nyasa. Tanganyika.]
At this boundary pillar the boundary leaves the waterparting and goes in a straight line to a boundary pillar (13) about 1,200 metres north-west of the English Station Ikomba, and thence in a straight line to a boundary pillar (14) in the Suwa (Zuwa) Forest, about kilom. south of Karimansira village, which is again on the waterparting ; it then follows the waterparting past the following boundary pillars : —
(1) About 700 metres west of Shovere (Chowere) village (15).
(2) Dundundu Hill (16).
(3) About half-way between Mambwe and Mssungo (17).
4, 5, 6. Three boundary pillars in the neighbourhood of the English Station Mambwe, which are marked in the map with the numbers 18, 19, and 20 in red. The last of these boundary pillars is at the same time the point of intersection of the waterparting with longitude 32 east of Greenwich, ascertained by the Commission. The boundary then goes in a straight line to the source of the Massiete Stream and follows this down-stream to its junction with the Masia Stream (21) ; it runs then in a straight line to a boundary pillar on the left bank of the Ipundu (22) south of the ruins of Ipundu village and then in a straight line to the junction of the Saissi (Saisi) River with the Kassokorwa (Kasokolwa) Stream (23) ; it follows the Saissi up-stream to its junction with the Rumi (Lumi) Stream, it follows the Rumi upwards to its junction with the Mkumbaw Stream, and follows this up to its source. Hence the boundary goes in a straight line to the middle of the narrow saddle between the sources of the Mosi (Mozi) and Kipoko (Chipoko) Stream, and from there in a straight line to the south-east source of the Safu (Samfu) Stream ; this it follows down-stream until it runs into the Kalambo and then the latter down-stream to its mouth in the Tanganyika Lake.
Sec. 2. — In all cases where a river or stream forms the boundary, the “ thalweg ” of the same shall form the boundary ; if, however, no actual “ thalweg ” is to be distinguished, it shall be the middle of the bed.
Sec. 3.— Any fresh determination of the geographical positions of the boundary pillars or of other points here mentioned shall make no alteration in the boundary itself.
Sec. 4. — All the boundary pillars are under the joint protection of the German and British Governments. The British Government will, besides, take under its protection : the cemented observation pillar in the telegraph station behind Nkata Bay and Kambwe Lagoon and both the base pillars south of the mouth of the Songwe.
Sec. 5. — Should it be necessary later to renew a boundary pillar, each Government shall send a Representative for this purpose. Should it be necessary later to mark the boundary more exactly by more pillars, each Government shall send a Representative for the erection of the intermediate pillars ; the position of these new pillars shall be determined by the course of the boundary laid down on the annexed map.
FRANK C. LASCELLES. BARON YON RICHTHOFEN.
Berlin , the 22>rd February , 1901.
926
To face page 926.
|
ANNEXED TO AGREEMENT BETWEEN GREAT BRITAIN AND GERMANY OF FEBRUARY 23, 1901. |
|||
|
1 />/ /f j# . ' LAKE TANGANYIKA ; |
\ •Maganga, |
NYASA - TANGANYI KA BOUNDARY. |
|
|
L ns; V ,/• " REFERENCE |
Mcum.bwe, Vy U S‘n Ikomha Stn '\ l >> 4*4 i Fife Sir- ( i |
/ / / / r "4^. ( 1 Songwpf ^ |
|
|
Seale of Map (No. 28) in Atlas or Pouch. 10 miles to 1-25 inches. |
No. 280]
SHEA* BRITAIN AND GERMANY. pfjjjr;’ 1901.
[Gold Coast and Tog-eland.]
No. 280.— CONVENTION between Great Britain and Germany
res feeling the Boundary between the Gold Coast and Togoland, signed
at Berlin , 2 6th September, and at London , 2nd December, 1901.
The Undersigned, after careful discussion of the contents of Art. Y of the Convention of the 14th November, 1899 (No. 277) between Great Britain and Germany, and of Art. IV of the Agreement of the 1st July, 1890 (No. 270) between the same Powers, beg to submit the following agreement for adoption by their respective Governments :
River Daka Boundary.
Art. I. — -The Boundary Commissioners shall commence their work by surveying the course of the River Daka from its junction with the River Yolta as far as the 9th degree of north latitude. Within these limits, the thalweg of the River Daka shall form the boundary between the British and German territories.
Point of intersection of River Daka with 9th degree of North Latitude.
Art. II. — The point of intersection of the River Daka with the 9th degree of north latitude shall be determined by astronomical observations.
Survey of Country to the North .
Art. III.— The Boundary Commissioners, after completing the survey of the River Daka, shall, in view of the ignorance which exists both as regards the position of the intersection of the River Daka with the 9th degree of north latitude and the geography of the country lying to the north of that degree of latitude, construct upon a scale of 2--50W0 a map based upon triangulation, of the country lying between the meridians passing through Gambaga and Yendi from the 9th parallel of north latitude as far as the southern frontiers of Mamprusi and of Chakosi. Upon the completion of this map, the Boundary Commis- sioners shall immediately forward to their respective Governments identic copies thereof, together with any proposals which they may be able to make as to the manner in which the boundary shall be continued to the north from the 9th degree of north latitude as far as the southern frontier of Mamprusi or of Chakosi, as the case may be.
The Boundary Commissioners shall then continue the survey of the country lying to the north between the above-mentioned meridians, as far as the 11th degree of north latitude, and shall then proceed with the delimitation of the boundary as laid down in Articles IV, Y, and VI of this Agreement.
Frontier between Mamprusi and Chakosi to form the Boundary. Mow - zugu to he British .
Art. IV. — -So far as the territories of Mamprusi and of Chakosi are contiguous, their common frontier shall form the boundary between the British and German territories, with this proviso, however, that the place called Morozugu shall fall to Great Britain.
927
[No. 286
TieF11 1901.D Great Britain and GeBMANY.
[Grold Coast and Tog-oland.]
Position of Morozugu.
Art. V. — The Boundary Commissioners shall ascertain on the spot the position of the place Morozugu mentioned in Art. Y of the Conven- tion of the 14th November, 1899. The place called Morozugu shall be considered as identical with the place Morozugu (Morosugu) or Muzzugu (Mussugu) mentioned —
Firstly, in the verbal Agreement made at Gambaga in January, 1897, between Captain Donald Stewart and First Lieutenant von Massow and stated in the Report (extract attached) by the latter officer to be situated 57 kiloms. from Sansanne Mangu and 49 kiloms. from Gam- baga ;
Secondly, in the Report (extract attached) by Captain W. C. Anderson, XV Hussars, as being about 35 miles from Gambaga ; and
Thirdly, in Dr. Gruner’s postscription to the Agreement made between him and Captain A. H. C. Walker Leigh, 4th Battalion Royal Munster Fusiliers, at Nanwonga, on the 25th April, 1899, as being three hours’ march west of Bumballa.
Art. VI. — Should it be found that the village of Morozugu belongs to the territory of Chakosi, the boundary shall run at a distance of 1,000 metres (1093-6 yards) to the east of the village and shall not anywhere be drawn nearer to it than 1,000 metres (1093-6 yards), measured from the centre of the village ; and, from Morozugu westward as far as the territory of Mamprusi, a strip of territory 2 kiloms. (2187 ‘2 yards) wide and bounded by two parallels of latitude shall be assigned to Great Britain.
Alterations in line defined in Convention of 1899.
Art. VII. — -Alterations may be made in the line of frontier defined in Art. Y of the Convention of the 14th November, 1899, and in this Agreement, where such alterations appear to the Boundary Commis- sioners of both sides to be desirable in order to establish the boundary on the most easily recognised natural or artificial features.
Where by such alterations, either Power suffers loss of territory, a corresponding compensation shall be made at another part of the frontier.
Alterations of this character agreed to by the Commissioners shall be notified by them in identical terms to their respective Governments for final approval.
Composition of Boundary Commission.
Art. VIII. — The Boundary Commission shall be composed on each side of a Commissioner and three Assistants and the Commission shall be furnished, in addition to the ordinary stores, with the following instruments, namely :
5-inch or 6-inch theodolites for the purpose of taking astronomical observations and smaller ones for the purpose of triangulations, with chronometers and watches, 5-incli heliostats, plane-tables, &c.
928
No. 280] GREAT BRITAIN AND GERMANY, [ 3s$gJ;j. 1901,
[Gold Coast and Togxdand,
Escorts. 1 1
Art IX, — The British and German escorts furnished to the Boun- dary Commission shall be of equal strength. This equality of strength shall be maintained as far as possible until the completion of the opera- tions in the field.
Question of Frontier between 6° 10/ a nd 6° 20' North Latitude to stand over.
Art. X. — It is agreed that the question of the direction of the Gold Coast-Togoland frontier between 6° 10/ and 6° 20' north latitude shall be allowed to stand over until the map mentioned in Art. Ill of the preceding Agreement is before the two Governments.
WILLIAM EVERETT,
H. FARNALL,
London , 2nd December , 1901,
KOHLER.
SEITZ,
Berlin , September 26th, 1901.
(Auszug.) Station SoJcode, den 2. Marz, 1899.
. . . Wegen der Demarkationslinie einigten wir uns (Captain
Stewart und Oberleutnant von Massow) fiber das kleine Dorfchen Mussugu, bei dem ein kleines Fliisschen den Weg Mangu-Gambaga kreuzte.
Ich bin damals in 4 ziemlich gleichen Tagemarschen von Mangu nach Gambaga marschirt und bin von Mangu aus erst am Morgen des 3t?n Tagemarsches nach Mussugu gekommen, ebenso wie ich auf dem Riickmarsche, wo ich genau dieselben Marsche machte, Mittags des 2ten Tagemarsches in Mussugu eintraf.
Nadi meinem Itinerar liegt Mussugu circa 57 Km, von Mangu und circa 49 Km, von Gambaga entfernt.
(Gez.) von MASSOW,
Extract from a Report by Captain W . C. Anderson , the XV Hussars, to the Staff Officer , Northern Territories, Gold Coast, dated Gambaga, 8th January, 1899.
. . . I left Gambaga on the 3rd January. ... On the
4th January I arrived at Tambrokorugu. . . . The same day I arrived at Morozugu. . . . Next day I proceeded to a village to the south-east of Morozugu, called Matinga. . * . This village is near the Sansanne-Mango road, and is about 3 miles from Morozugu.
. . . I checked this distance with the measuring- wheel and found
it to be 3 miles 1 furlong. . . .
I checked the distance by the measuring-wheel from Gambaga to Morozugu and found it to be 33 miles 3 furlongs. In many places where (1714) 929 3 o
12 Dec., 1902.] GREAT BRITAIN AND GERMANY. [No. 281
[Tola-Lake Chad.]
the road was too rough, the wheel had to be carried, and I should say that it had been" carried, for this reason, quite 2 miles, and I should be inclined to put the whole distance down at about 35 miles.
I have, &c ,
(Signed) W. C. ANDERSON, Captain.
[The Boundary between the Gold Coast and Togoland from the intersection of the River Daka with the 9th parallel of North Latitude to the southern boundary of the French Soudan was agreed to by Notes exchanged between the two Governments at Berlin on June 25, 1904, see page 935.]
No. 281. — AGREEMENT between Great Britain and Germany respecting the Boundary from Yola to Lake Chad . Signed at London ,
12th December, 1902.
The Undersigned, after discussion of the contents of Arts. I and II of the Agreement between Great Britain and Germany of the 15th November, 1893 (No. 275) beg to submit the following Agreement for the approval of their respective Governments : —
Art. I. — The Boundary Commissioners shall begin their work by determining astronomically the position of Yola, it being recognized that an accurate knowledge of the position of this place is required not only for the purposes of the present Commission, but also for a later Commission, which will have to fix the boundary from the rapids of the Cross River in the direction of Yola.
Art. II. — The position of the segment of the circle which forms the boundary to the south of the River Benue will be fixed by triangu- lation, as also the further boundary to the north of the Benue up to the point of intersection of the 10th degree of north latitude with the 13th meridian east of Greenwich.
Art. III. — From the point of intersection of latitude 10° north and longitude 13° east of Greenwich thus fixed, the Commissioners will survey, trigonometrically and topographically, a strip of land as far as Lake Chad, in the presumed direction of the boundary as it is laid down in the Agreement. The strip of land so surveyed shall be sufficiently broad to allow for the eventual shifting of the boundary on the map, which may be necessitated by the determination of the longitude of Kuka.
Art. IV. — Having reached the southern shore of Lake Chad, the Commissioners will carry on the tri angulation to Kuka; in order to ascertain the position of the point on the shore which is 35' east of the centre of that town, or in case of difficulty they will ascertain that point by means of signals. It is left to the discretion of the Commissioners whether to determine absolutely the longitude of Kuka during one lunation in order to check approximately the results of the tri angulation from Yola to Lake Chad. They will also ascertain
930
No, 281] GREAT BRITAIN AND GERMANY. [12 Dec., 1902.
[Yoia-Lake ©had.]
the point where the 14-th meridian east of Greenwich cuts the shore of Lake Chad.
Art. V. — The centre of the town of Kuka shall be a point situated midway between the walls surrounding the two separate parts into which the town was formerly divided.
Art. VI.—1 The high-water mark shall be considered as the shore of Lake Chad.
Art. VII. — -On their return journey the Commission will follow the boundary line from Lake Chad to Yola in order to fix points locally, wherever necessary, on the boundary laid down in the Agreement.
Art. VIII. — In order to determine accurately the longitude of Yola, His Britannic Majesty’s Government undertakes to transmit, for the information of both Commissioners, as quickly as possible, and as far as possible by telegraph, the necessary corrections of the mo on- tables, based on observations taken at Greenwich, for the time at which the longitude was locally determined.
Art. IX. — -The Joint Boundary Commission shall consist of two Commissioners, one to be appointed by each of the Governments concerned, and each Commissioner will be accompanied by a staff cf two or three assistants.
Art. X. — The Joint Commission will, if possible, embark on the 17th January at Liverpool, and will travel together to Yola. The British Government undertakes to furnish in due time to the German Commissioner a “ laissez-passer ” for the transit of the equipment of the German Expedition across England to Liverpool, and to provide for the protection of the German Commission during the projected overland journey to Yola.
Art. XL — The fixing of places astronomically by the Commission will be carried out with all possible care, and after full use of the most accurate observations that may be made by means of their instruments. The Commissioners, being satisfied that the observations and cal- culations on both sides have been made with proper care, will proceed to determine the arithmetical mean of the results of their respective observations, and to adopt it as the basis on which to proceed with their work. The Commissioners on both sides are at liberty to decide beforehand, by mutual agreement, which of their respective results may be most suitably employed for the calculation of the mean.
Art. XII. — Copies of all astronomical observations shall be ex- changed between the Commissioners as quickly as possible.
Art. XIII. — All points astronomically fixed, and other boundary points, shall, wherever the Commissioners think necessary, be indicated by pillars of durable material both above and below ground. ■
Art. XIV. — The Commissioners shall prepare a general map, on a scale of 1 in 250,000, of the whole of the boundary district in question, taking care to provide sufficient materials for a basis for subsequent negotiations between the two Governments under Art. Ill of the above-mentioned Agreement. Special maps on a scale of 1 in 10,000, or on a still larger scale, shall, if the Commissioners think necessary, be prepared of districts of special importance, in order to show the exact (1714) 931 3 0 2
Wo. 231
12 Dec., 1902.]* GREAT BRITAIN AND GERMANY,
[Yola-LaRe Chad.]
position of the pillars indicating points where observations have been taken, or other important points on the bomidary.
Art. XV. — Protocols of the discussions of the Commissioners shall be drawn up, which, as well as the maps, shall be signed by both Com- missioners.
Art. XVI. — The term “ Commissioner ” in any of the foregoing Articles shall mean either the “ Commissioner ” himself or such person as may be empowered by the Commissioner to act on his behalf in the matter with which the Article in question is concerned.
Art. XVII. — The British and German escorts furnished to the Boundary Commission shall be, if practicable, of equal strength, and this equality of strength shall be maintained, as far as possible, until the completion of the operations in the field. The German escort shall first join the expedition at Yoia. Members of both escorts shall be permitted to cross the boundary freely, either armed or unarmed.
Art. XVIII. — The Commissioners are empowered, by mutual agreement, to put forward to their Governments proposals with a view to a complete or partial substitution of a natural boundary for the artificial boundary-line laid down in the Agreement of the 15th November, 1893, in so far as such alterations appear to the Commis- sioners of both sides to be desirable in order to fix the boundary in the most suitable and most easily recognized manner. Where by such alterations either Power suffers loss of territory, a corresponding com- pensation shall be made at another part of the boundary. Alterations of this character, agreed to by the Commissioners, shall be notified by them, in identical terms, to their respective Governments for final approval.
Art. XIX, — The Commissioners are empowered to mark the boundary on the spot provisionally, by mutual agreement, in accord- ance with the provisions of the foregoing Art. XVIII, and it shall be reserved for the consideration of their respective Governments whether to confirm or to modify the boundary fixed in this manner.
CHARLES STRACHEY. 1 ALFRED ZIMMERMANN.
B. von DANCKELMAN. *
London , the 12 th December , 1902.
[See definitive Agreement of 19th March, 1906, page 937.]
No. 282]
GREAT BRITAIN AND GERMANY. [Yola -Lake Chad.]
[24 Feb., 1304
No. 282.- PROTOCOL signed by the British and German Commis- sioners for the Survey of the Boundary from Yola to Lake Chad . Ullgo, Lake Chad , 2 iih February , 1904.
The surveys in connection with, the Anglo-German Boundary Commission for Yola and Lake Chad having been completed the Commissioners met at Ullgo on the 24th February, 1904, for the pur- pose of comparing maps and results. It was found at the outset that the Agreement as to the astronomical position of Yola no longer exists. The comparative accuracy, however, of the maps is not affected, as they are based upon a triangulation carried up from Yola.
This triangulation, worked almost throughout on the same lines of beacons, results in an agreement as to the position of Kukawa, with reference to Yola, within eleven seconds (11") of arc both of latitude and longitude. The latitudes and longitudes of most other places with reference to Yola were found to be practically identical, the greatest variation being less than the above-mentioned eleven seconds.
This result as regards Kukawa had already been considered suffi- ciently accurate, and the mean of the respective calculations having been accepted for the centre of Kukawa, a meridian 35 minutes east of it was deduced for the map.
The maps were now compared and found to agree with sufficient accuracy for the purpose of laying down a boundary.
It was agreed to add to the maps on the journey southwards such details as are found to be wanting to give, in accordance with instruc- tions, full information to the respective Governments. The Com- missi oners proceeded to take account of two sources of difference in the determination of the theoretical boundary line.
I. — Astronomical Determination of the Position of Yola.
The application of the moon corrections for April and May, 1993, which did not arrive until the Commissions had passed into Bornu, caused a difference of 3' 12*78" between the British and German determinations of the longitude of the centre of Yola, which deter- minations had before been approximately the same. A proposal was made by the German Commissioner to combine the results of all the observations, German and British, and take the mean of the whole.
The British Commissioner found himself unable to accept this proposal, as the German Commission had made use of the method of moon-culminating stars, and had therefore, under the weather conditions which prevailed, been able to get more observations than the British Commission who had relied on occultations. The mean therefore would incline strongly to the German side. On the other hand, the British Commission consider the results of occultations much more reliable, and that therefore more weight should be given to them. The German Commission consider the method of moon- culminating stars more reliable.
933
24 Feb., 1904.]
[No. 282
GREAT BRITAIN AND GERMANY.
[Yola-Lake Chad.]
It was therefore decided to exchange copies of the observations and the results obtained from them, and to refer them to their respec- tive Governments for consideration.
II —Intersection of the Boundary with the Shore of Lake Chad.
It was impossible to arrive at an agreement as to the boundary point on the shore of Lake Chad, as the British Commissioner by his instructions had to take the high-water mark, and the German Com- missioner by his instructions had to take the “ deep water line.”
The triangulation was carried out to a point very near the meridian 35 minutes east of Kukawa at the edge of the water as it at present stands. The meridian was also marked and aligned, on ground south of the highest water mark, by two hard wood posts.
Working north from these posts the position on the ground of the high water marks of various years was ascertained from the statements of natives. These points were noted by both Commissions, measured and recorded on the maps.
As regards this year’s high-water mark, a difference of opinion was expressed by the German Commission and recorded in their Minute No. 1 attached. The reply of the British Commission is given in Minute No. 2.
The bush, on the line of the meridian posts was cleared, and the natives were warned to look after them.
Since, in accordance with the above considerations affecting the longitude of Yola and the shore of Lake Chad, the British and German determinations of the boundary have resulted in two lines diverging from the Faro Mouth to a distance of about 5f kilometres (3' 12 *78" on the 10th parallel of latitude) and thence approximately parallel as far as the shore of Lake Chad, and since the whole of the territory in question lies to the east of the temporary boundary arranged in 1903 by the local officers, and since several important towns — notably Dikoa, Bama and Uba — are involved ; it is mutually agreed between the Commissioners that it is useless to endeavour at present to arrive at a definitive boundary line. The territory, however, which is to the west of the line claimed by the German Commission will now be considered to be British.
LOUIS JACKSON,
Lieutenant Colonel, British Commissioner.
G. GLAUNING,
German Commissioner.
[See Definitive Agreement of 19fch March, 1906, page 937.]
934
No. 283]
GREAT BRITAIN AND GERMANY. [Gold Coast and Tog-oland.]
[25 June, 1904.
No. 283. — NOTES exchanged between Great Britain and Germany defining the Boundary betiveen the Gold Coast and Togoland to the North of the 9th Parallel of North Latitude* Berlin , 26th June , 1904.
Mr. Whitehead to Herr von Muhlberg.
Your Excellency, Berlin , 26th Juney 1904.
I have the honour to acknowledge the receipt of your Excellency’s note of this day’s datef relative to the Anglo-German boundary between the Gold Coast and Togoland, from the intersection of the River Daka with the 9th parallel of north latitude to the southern boundary of the French Soudan ; and I am authorized to inform your Excellency, in reply, that His Majesty’s Government agree to the following definition of the boundary in question, which is identical with that described in your Excellency’s note above referred to : —
From the 9th degree of north latitude the boundary follows the thalweg of the Daka (Kulukpene) upwards to its junction with the Kulusulo ; from thence the thalweg of the Kulusulo upwards [to a distance of 1 kilom. beyond its intersection with the road from Sambu to Sung ; then a line running west, at a distance of 1 kilom. from that road], J to its intersection with a meridian which passes half-way between the most easterly and the most westerly point of intersection of the 9th degree of north latitude with the Daka (Kulukpene) ; then this meridian to the north of its intersection with the Daka (Kulukpene) ; then again the thalweg of the latter upwards to its intersection with the road from Bulugu to Nayoro (Naijoro) ; then a straight line drawn from the last-named point of intersection to the point where the road from Jebega (Djebega) to Makumboro crosses a certain stream ; then the thalweg of this stream downwards to a distance of 1 kilom. beyond its inter- section with the road from Sokelo to Somayili (Somajili) ; then a line drawn 1 kilom. to the west of the Sokelo-Somayili (Somajili)-Naiyoboli (Naijoboti)-Yahapa (Fahapa)-Tintaraga-Gimbendi (Gjimbende) road to the point where it intersects the southern boundary of Mam- prussi, with the proviso that the villages of Karvison and Narabare fall to Germany, and that the boundary-line in- the neighbourhood of these two villages shall in each case be deflected towards the west in the arc of a circle of 1 kilom. radius, drawn from the house of the Chief of each village as centre.
From the last-named point of intersection the boundary runs east along the southern boundary of Mamprussi to a point about half-way between the villages of Tintaraga and Gimbenda (Gjimbende), which point forms the junction of the territories of Dagomba, Chakosi (Tschakossi), and Mamprussi.
* See Art. IV of Agreement of 1st July, 1890, p. 903 ; Art. V of Convention of 14th November, 1899, p. 920 ; and Convention of ePtelh.ke-1 1 1901, p. 927. The
x 2nd December, r
Boundary was delimited on the ground in 1901-02 and Protocols were drawn up by the Commissioners on the 21st July, 1902.
t Identic Note in the German language from Herr von Muhlberg to Mr. Whitehead, t The beginning of the Agreement was modified in 1907 so as to read without the words given within brackets, the alteration having been involved by the labours on the ground of the Boundary Commissioners.
935
[No. 283
25 June, 1904.] GREAT BRITAIN AND GERMANY.
[Gold Coast and Togoland.]
At this point a pillar has been erected by the Anglo -German Boun- dary Commission, and from it the boundary proceeds in straight lines in a northerly direction, as marked in the following manner by the posts erected by that Commission : — •
To a post placed about 1 kilom. east of Gimbendi (Gjimbende).
Thence to a post placed about half-way between the villages of Gimbendi (Gjimbende) and Yelangu (Jilano).
Thence to a post placed about 1 kilom. south-west of Jegehu (Dschaguhuga).
Thence to a post placed on the road from Naghpanyaraga (Napon- jalaga) to Naghpansona (Nakpansona), at a distance of 1 kilom. from Naghpanyaraga (Naponjalaga).
Thence to a post placed between Naghpiegu (Nakpegu) and Nagh- panyaraga (Naponjalaga).
Thence to a post placed on the road fromMajamam (Madschemam) to Kwangina, at a distance of about 1 kilom. west of Mbanga (Mbana).
Thence to a post placed 1 kilom. east of Makpe (Mwakpe) or Dau- suili) (Dasuile).
Thence to a post placed on the road from Bankpa (Bamkpa) to Tundi (Tumti), at a distance of about 1 kilom. east of Bankpa (Bamk- l>a).
Thence to a post placed on the road Kampor e-N ansuk uma (Nasiko) at a distance of about 1 kilom. east of Kampore).
Thence to a post placed about 2 kilom. west of Nossisiri (Nasissir).
Thence to a post placed about 3 kilom. west of Tinsunga.
Thence to a post placed on the road from Shishi (Schischi) to Pughpariendi (Punkpariene) about half-way between the two villages.
Thence the boundary follows in a north-westerly direction a circle drawn from the house of the Chief of Shishi (Schischi) as centre, with a radius equal to the distance between that house and the last-men- tioned post, until it meets the line drawn between that post and a post placed on the road between Shishi (Schischi) and Dongfoana (Dan- foana).
Thence it follows that line to the last-mentioned post.
Thence it follows a straight line drawn in the direction of a post placed about 1 kilom. north-west of Kpatua, until it meets the circle drawn in a north-westerly direction with the house of the Chief of Kpatua as centre, at a radius equal to the distance between that house and the last-mentioned post. It then follows that circle until it reaches that post.
Thence in a straight line to a post placed about half-way between Dhantuho (Diandugu) and Pialagu (Pialogu), and thence in straight lines as follows : —
To a post placed about 1 kilom. east of the village of Warikung (Watikjun).
Thence to a post placed about I kilom. east of the village of Barra- bawku (Baraboka).
Thence to a post placed about 1 kilom. east of the village of Sugure (Segure).
930
To face page 936.
Scale of map (N°29) in Atlas or Pouch 4 miles to 1014 inches
No. 284]
GREAT BRITAIN AND GERMANY. [19 Mar., 1906. [Yola Lake Chad. (Nigeria and Cameroons).]
Thence to a post placed about half-way between the villages Zoli (Sule) and Bugare (Bugure).
Thence to a post placed about half-way between the villages Koka and Bugare (Bugure).
Thence to post placed about half-way between the villages Koka and Sinimunaba (Siliminab).
Thence to a post placed about half-way between Ganwaka (Gbawa) andPusaga (Pussiga).
Thence to a post placed about half-way between Ganwaka (Gbawa) andNkogo (Nikogo).
Thence the boundary follows in a northerly direction the meridian drawn through the last-mentioned post until it meets French territory.
The boundary above described is shown on the Intelligence Division, War Office, map No. 1798, a copy of which is annexed to this note.*
I have, &c.,
J. B. WHITEHEAD.
Ho. 28 ^AGREEMENT between Great Britain and Germany respect- ing the Boundary between British and German Territories from Yola
to Lake Chad. Signed at London , l*dth March, 1906. f
(English Text.).{
The Undersigned, being appointed by their respective Govern- ments to consider and fix a definite boundary between the German and British territories from Yola to Lake Chad, in accordance with the Agreement between Great Britain and Germany of the 15th November, 1893 (No. 275), and the surveys of the Boundary Com- mission of 1903-4, § have, subject to the approval of the said Govern- ments, determined the boundary as described below, and as delineated on the accompanying maps, being those prepared by the German and British Commissioners.
I. The boundary on the Yola arc shall hold good as agreed upon by the Commissioners in the attached Protocol of the 10th of August, 1903, and marked out on the ground, with the following two excep- tions : —
First. — The longitude of the centre of Yola is to be taken as 12° 29' 30".
Second.— North of the junction of the Mao Hesso and the main stream of the Faro River, where the boundary follows the median line of the Faro, it shall not turn westward over the left bank of the Faro, but shall continue along the median line of that river until it reaches
* See Diagram Map facing p. 936, and Map No. 29 in Atlas (or Pouch).
t See Annex III, p. 941. Notes exchanged on 16th July, 1906, recording the ac- ceptance by the two Governments of this Agreement.
% Signed also in German.
§ See Annex I to this Agreement, p. 939 ; and Protocol of 24th February, 1C04, p. 933.
[No. 284
19 Mar., 1906.] GREAT BRITAIN AND GERMAN A.
[Tola -Lake Chad (Nigeria and Cameroons).]
the Benue. At