Chapter

Legacies

Lindsay G. Robertson

in Conquest by Law

Published in print September 2005 | ISBN: 9780195148695
Published online September 2007 | e-ISBN: 9780199788941 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195148695.003.0006
 Legacies

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This chapter discusses the legacy of Marshall's opinion. Marshall devised the discovery doctrine in 1823 to shore up the claims of Virginia militia bounty warrant holders to lands in the southwestern corner of Kentucky. The weapon he thus forged for them was seized by expansionist Georgians and wielded against Native Americans throughout the eastern United States. The reformulation of the doctrine he engineered in Worcester v. Georgia proved impossible to sustain. Johnson was too important to remove. In 1835, Jackson appointees took control of Marshall's court and revived the Johnson formulation.

Keywords: John Marshall; Georgia; Jackson administration; Native Americans; Worcester v. Georgia; eastern United States

Chapter.  8829 words.  Illustrated.

Subjects: History of the Americas

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