American writers on the subject are of opinion that the North American Indian in his aboriginal state was not a political unit of the United States at the time when the Union declared its independence. In Johnson v. McIntosh, 8 Wheaton, p. 543, Chief-Justice Marshall described their status in the following language:
The Indian inhabitants of the United States are to be considered merely as occupants, to be protected, indeed, while in peace, in the possession of their lands, but to be deemed incapable of transferring the absolute title to others independent of territorial sovereignty.
To this may be added the apposite declaration of Mr. Fish, Secretary of State, to Mr. Hackett, June 12, 1873:
Aboriginal inhabitants in a savage state have not such a title to the land where they dwell or roam as entitle them to confer it upon persons from another country.
A Strange Fallacy.
The Congo State law to which the foregoing declaration applies will be discussed in the chapter on the State Lands and Concessions. The citation is offered here merely for its general bearing upon the doctrine put forth by certain writers who contend that barbarous races living in primitive conditions upon lands over which civilised government has not been established, attain to the organic level of political units or citizenship upon the recognition of the government which dominates them with either its civil or its military power. That doctrine, it seems to us, is untenable. There is, on the other hand, no doubt that savage races can, by the symbols and the operating functions of government, humanely enforced according to the conditions with which it must cope, be brought to the knowledge of, and obedience to, an orderly civil community. The instruments of civilisation must vary with the various character of the life upon which they are to operate effectively. Yet there are strabismic monitors of African civilisation who, representing no high moral standard in themselves, have laid down a rule of conduct for the Congo Free State which disregards that principle. It has been this narrow view of a liberal civilising scheme that has caused so much mischievous mewling in Great Britain concerning alleged misrule in Central Africa.
State Post at Yankomi, near Basoko, Surrounded by Palisade (Aruwimi).
The foundation of the Congo Free State really began with the organised movement and structures of the Comité d’Études du Haut-Congo on November 25, 1878. The expedition of Stanley on August 14, 1879, was an earnest of the Committee’s intention to establish the institutions of a permanent local government with all practicable speed.
The Belgian post of Vivi was the first monument fixed in the wake of Stanley. On February 21, 1880, Isanghila was established, and on May 1, 1881, Manyanga was occupied. In the following December the expedition arrived at Stanley Pool, and reconstructed the steamboat En Avant, which, having been dismantled, had been carried in small sections through the forest to this point above the cataracts. In a short time this pioneer craft bore Stanley up the Congo River to accomplish the dream of Leopold II.