Doctrine Of Discovery In Us Law
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How to fill out Motion For State To Produce Discovery Document?
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FAQ
This decision allowed our government to legally ignore or invalidate any native claims to property. To this day courts continue to cite this legal precedent. It is still being used by courts to decide property rights cases brought by Native Americans against the U.S. and against non-Natives.
In an 1823 Supreme Court case, Johnson v. M'Intosh, the Doctrine of Discovery became part of U.S. federal law and was used to dispossess Native peoples of their land.
The Bull stated that any land not inhabited by Christians was available to be "discovered," claimed, and exploited by Christian rulers and declared that "the Catholic faith and the Christian religion be exalted and be everywhere increased and spread, that the health of souls be cared for and that barbarous nations be ...
The Doctrine of Discovery provided a framework for Christian explorers, in the name of their sovereign, to lay claim to territories uninhabited by Christians. If the lands were vacant, then they could be defined as ?discovered? and sovereignty claimed.
More broadly, the doctrine of discovery can be described as an international law doctrine giving authorization to explorers to claim terra nullius ? i.e. said inhabited land ? in the name of their sovereign when the land was not populated by Christians.