The Discovery Doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. M'Intosh in 1823. Public international law concerns the structure and conduct of States and Intergovernmental organizations. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Johnson v M'Intosh, 21 US (8 Wheat 543 ( 1823) was a case in which the Supreme Court of the United States held that private citizens could Year 1823 ( MDCCCXXIII) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian Calendar (or a Common The doctrine was Chief Justice John Marshall's explanation of the way in which colonial powers laid claim to newly discovered lands during the Age of Discovery. John Marshall (September 24 1755 – July 6 1835 was an American statesman and jurist who shaped American constitutional law and made the Supreme Court a center of power The Age of Discovery or Age of Exploration was a period from the early 15th century and continuing into the early 17th century during which Europeans explored Under it, title to newly discovered lands lay with the government whose subjects discovered new territory. Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest The rights The doctrine has been primarily used to support decisions invalidating or ignoring aboriginal possession of land in favor of colonial or post-colonial governments. The term Indigenous Peoples or autochthonous peoples can be used to describe any Ethnic group who inhabit a geographic region with which they have the earliest historical
John Marshall, who is most credited with describing the doctrine, did not voice wholehearted support of the doctrine even while using it to justify judicial decisions. He pointed to the doctrine as simple fact, looking at the possession-takings which had been supported by it as things which had occurred and had to be recognized. The supposedly inferior character of native cultures was a reason for the doctrine having been used, but whether or not that was justified was not relevant for Marshall. [1]
Colonial history
The origins of the doctrine can be traced to Pope Nicholas V's issuance of the papal bull Romanus Pontifex in 1452, essentially declaring war against all non-Christians. See also Antipope Nicholas V. Pope Nicholas V (Italian Niccolò V; November 15, 1397 &ndash March A Papal bull is a particular type of Letters patent or charter issued by a Pope. Romanus Pontifex is a papal bull written January 8 1455 by Pope Nicholas V to King Afonso V of Portugal. A Christian is a person who adheres to Christianity, a monotheistic Religion centered on the life and teachings of Jesus of Nazareth The bull allowed Portugal to claim and conquer lands in West Africa. Portugal, officially the Portuguese Republic (República Portuguesa is a country on the Iberian Peninsula. West Africa or Western Africa is the Westernmost Region of the African Continent. Pope Alexander VI extended to Spain the right to conquer newly-found lands in 1493, after Christopher Columbus had already begun doing so. Pope Alexander VI ( 1 January 1431 &ndash 18 August 1503) born Roderic Llançol, later Roderic de Borja i Borja ( Spain () or the Kingdom of Spain (Reino de España is a country located mostly in southwestern Europe on the Iberian Peninsula. Christopher Columbus (1451 &ndash May 20 1506 was an Italian Navigator, colonizer Arguments between Portugal and Spain led Alexander to clarify that only non-Christian lands could thus be taken, as well as drawing the Line of Demarcation to allocate potential discoveries between the two powers. The Line of Demarcation was a Longitude, moved slightly from the line drawn by Pope Alexander VI to divide new lands claimed by Portugal from those of [2]
United States law
According to the United States Supreme Court's decision in Johnson v. M'Intosh, this theory of Christian expansion and possession of newly discovered lands, despite native presence, was one by which all colonial powers operated. Johnson v M'Intosh, 21 US (8 Wheat 543 ( 1823) was a case in which the Supreme Court of the United States held that private citizens could Chief Justice Marshall, writing the decision, held that the United Kingdom had taken title to the lands which constituted the United States when the British discovered them. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Marshall pointed to the exploration charters given to John Cabot as proof that the British had operated under the doctrine. Giovanni Caboto ( c 1450 - c 1498 known in English as John Cabot, was an Italian Navigator and explorer commonly credited as the [2] The tribes which occupied the land were, at the moment of discovery, no longer completely sovereign and had no property rights but rather merely held a right of occupancy. Sovereignty is the exclusive Right to control a Government, a country, a people or oneself Property is any physical or virtual entity that is owned by an individual Occupancy is a defined Legal term in Building Construction and Building codes It refers to the use or intended use of a building or part thereof Further, only the discovering nation or its successor could take possession of the land from the natives by conquest or purchase. Natives could not sell the land to private citizens but only to the discovering government. [1]
The doctrine was used in numerous other cases as well. With Cherokee Nation v. Georgia, it supported the concept that tribes were not independent states but "domestic dependent nations". Cherokee Nation v Georgia,, was a United States Supreme Court decision [2] The decisions in Oliphant v. Suquamish Indian Tribe and Duro v. Reina used the doctrine to prohibit tribes from criminally prosecuting first non-Indians, then Indians who weren't a member of the prosecuting tribe. Oliphant v Suquamish Indian Tribe, 435 US 191 ( 1978) is a United States Supreme Court case regarding the criminal jurisdiction of Tribal courts In Duro v Reina, 495 US 676 ( 1990) the US Supreme Court concluded that Indian tribes could not prosecute Indians who were members [3]
References
- ^ a b Utter, Jack. "The Discovery Doctrine, the tribes and the truth", Indian Country Today, Four Directions Media, 2000-06-07. 2000 ( MM) was a Leap year that started on Saturday of the Common Era, in accordance with the Gregorian calendar. Events 1099 - The First Crusade: The Siege of Jerusalem begins Retrieved on 2007-01-10. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 49 BC - Julius Caesar crosses the Rubicon, signaling the start of civil war.
- ^ a b c Newcomb, Steve (Fall 1992). "Five Hundred Years of Injustice". Shaman's Drum: 18–20.
- ^ Robertson, Lindsay G. (June 2001). Native Americans and the Law: Native Americans Under Current United States Law. Native American Constitution and Law Digitization Project. The University of Oklahoma Law Center. Retrieved on 2007-01-10. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 49 BC - Julius Caesar crosses the Rubicon, signaling the start of civil war.
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