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to time repealed, varied or added to by a supplementary Deed, made and executed in such manner as the Deed of Settlement prescribes. Provided that the provisions of any such Deed relative to the Official Director shall not be repealed, varied or added to without the express approval of Our Secretary of State.
28. The Members of the Company shall be individually liable for the debts contracts engagements and liabilities of the Company to the extent only of the amount, if any, for the time being unpaid, on the shares held by them respectively.
29. Until such Deed of Settlement as aforesaid takes effect the said James Duke of Abercorn shall be the President; the said Alexander William George Duke of Fife, shall be VicePresident; and the said Edric Frederick Lord Gifford, Cecil John Rhodes, Alfred Beit, Albert Henry George Grey, and George Cawston, shall be the Directors of the Company; and may on behalf of the Company do all things necessary or proper to be done under this Our Charter by or on behalf of the Company: Provided always that, notwithstanding anything contained in the Deed of Settlement of the Company, the said James Duke of Abercorn, Alexander William George Duke of Fife, and Albert Henry George Grey, shall not be subject to retire from office in accordance with its provisions but shall be and remain Directors of the Company until death, incapacity to act, or resignation, as the case may be.
30. And We do further will ordain and declare that this Our Charter shall be acknowledged by Our governors and Our naval and military officers and Our consuls, and our other officers in Our Colonies and Possessions, and on the high seas, and elsewhere, and they shall severally give full force and effect to this Our Charter, and shall recognize and be in all things aiding to the Company and its officers.
31. And We do further will, ordain and declare that this Our Charter shall be taken construed and adjudged in the most favourable and beneficial sense for, and to the best advantage of the Company as well in Our Courts in Our United Kingdom, and in Our Courts in Our Colonies or Possessions, and
in Our Courts in Foreign countries or elsewhere, notwithstanding that there may appear to be in this Our Charter any nonrecital, mis-recital, uncertainty or imperfection.
32. And We do further will, ordain and declare that this Our Charter shall subsist and continue valid, notwithstanding any lawful change in the name of the Company or in the Deed of Settlement thereof, such change being made with the previous approval of Our Secretary of State signified under his hand.
33. And We do further will, ordain and declare that it shall be lawful for Us Our heirs and successors and we do hereby expressly reserve to Ourselves Our heirs and successors the right and power by writing under the Great Seal of the United Kingdom at the end of 25 years from the date of this Our Charter, and at the end of every succeeding period of ten years, to add to alter or repeal any of the provisions of this Our Charter or to enact other provisions in substitution for or in addition to any of its existing provisions. Provided that the right and power thus reserved shall be exercised only in relation to so much of this Our Charter as relates to administrative and public matters. And We do further expressly reserve to Ourselves, Our heirs and successors the right to take over any building or works belonging to the Company, and used exclusively or mainly for administrative or public purposes on payment to the Company of such reasonable compensation as may be agreed, or as failing agreement may be settled by the Commissioners of Our Treasury. And We do further appoint, direct and declare that any such writing under the said Great Seal shall have full effect and be binding upon the Company, its members, officers and servants, and all other persons, and shall be of the same force effect and validity as if its provisions had been part of and contained in these presents.
34. Provided always and We do further declare that nothing in this Our Charter shall be deemed or taken in anywise to limit or restrict the exercise of any of Our rights or powers with reference to the protection of any territories or with reference to the government thereof should We see fit to include the same within Our dominions.
35. And We do lastly will, ordain and declare without prejudice to any power to repeal this Our Charter by law belonging to Us Our heirs and successors, or to any of Our Courts ministers or officers independently of this present declaration and reservation, that in case at any time it is made to appear to Us in Our Council that the Company has substantially failed to observe and conform to the provisions of this Our Charter, or that the Company is not exercising its powers under the concessions, agreements, grants, and treaties aforesaid, so as to advance the interests which the Petitioners have represented to Us to be likely to be advanced by the grant of this Our Charter, it shall be lawful for Us Our heirs and successors, and We do hereby expressly reserve and take to Ourselves Our heirs and successors the right and power by writing under the Great Seal of Our United Kingdom to revoke this Our Charter, and to revoke and annul the privileges, powers and rights hereby granted to the Company. - (London Gazette, Dec. 20, 1889.)
NOTE. — The territory of the British South Africa Company was greatly extended by a further grant from the Crown in 1891. Its administration has been provided for by a series of Orders in Council issued at intervals as required, special care being taken to protect the natives from ill-treatment. In 1914 a Legislative Council was chosen in which for the first time there were twelve elected members to six nominated members. No doubt in course of time Charter Government will be superseded by Responsible Government.
7. A Mode of Recognition - By Declaration
Frederick T. Frelinghuysen, Secretary of State, duly empowered therefore by the President of the United States of America, and pursuant to the advice and consent of the Senate, heretofore given, acknowledges the receipt of the foregoing notification from the International Association of the Congo, and declares that, in harmony with the traditional policy of the United States, which enjoins a proper regard for the commercial interests of their citizens while, at the same time, avoiding interference with controversies between other powers as well as alliances with foreign nations, the Government of the United States announces its sympathy with, and approval of, the humane and benevolent purposes of the International Association of the Congo, administering, as it does, the interests of the Free States there established, and will order the officers of the United States, both on land and sea, to recognize the flag of the International African Association, as the flag of a friendly government.
In testimony whereof, he has hereunto set his hand and affixed his seal, this twenty-second day of April, A.D. 1884, in the city of Washington.
FREDK. T. FRELINGHUYSEN.
— (British Parliamentary Papers, Africa, No. 4, (1885), p. Moore, International Law Digest, I, pp. 117, 118.)
8. Another Mode of Recognition - By Treaty
Article 1 The International Association of the Congo engages not to levy duty on articles or merchandize imported directly or in transit into its present or future possessions in the basins of the Congo and the Niadi-Kwilu, or into its possessions situated on the Atlantic Ocean. This exemption from duties especially applies to merchandize and articles of commerce which are carried by the roads made round the cataracts of the Congo.
Article II The Subjects of the German Empire shall have the right of sojourning and of establishing themselves on the territories of the Association. They shall be treated on the same footing as the subjects of the most favoured nation, including the inhabitants of the country, so far as concerns the protection of their persons and possessions, the free exercise of their religion, the recognition and defence of their rights, as well as in matters of navigation, trade, or manufactures.
Especially, they shall have the right of buying, selling, and leasing lands and buildings situated in the territories of the Association, of establishing commercial houses, and carrying on trade or the coasting trade under the German flag.
The Association engages never to grant any privileges whatsoever to the subjects of any other nation without their being immediately extended to German subjects.
Article IV In the event of the cession of the present or future territory of the Association, or of any part of it, the obligations contracted by the Association towards the German Empire shall be transferred to the occupier. These obligations and the rights granted by the Association to the German Empire and its subjects shall remain in force after every cession as far as regards each new occupier.
Article V The German Empire recognizes the flag of the Association a blue flag with a golden star in the centre- as that of a friendly State.
Article VI The German Empire is ready on its part to recognize the frontiers of the territory of the Association and of the new State which is to be created, as they are shewn in the annexed Мар.
Article VII This Convention shall be ratified and the ratification shall be exchanged with the least possible delay.
This Convention shall come into force immediately after the exchange of the ratifications.
Done at Berlin the 8th. November, 1884. – (British Parliamentary Papers, Africa, No. 4, (1885), pp. 263–264.)