Lindsay G. Robertson

in Conquest by Law

Published in print September 2005 | ISBN: 9780195148695
Published online September 2007 | e-ISBN: 9780199788941 | DOI:

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This chapter presents a summary of the preceding chapters. John Marshall did not foresee that the doctrine he developed would be used to support the removal of the southeastern tribes. When given his first real opportunity to do so in Worcester v. Georgia, he reversed himself, a reversal the Court subsequently ignored. The discovery doctrine survived and it facilitated Indian removal. More than 180 years later, the doctrine would still be cited to support the assertion or retention of European-derived rights to indigenous lands, not only in the United States.

Keywords: John Marshall; Johnson v. M'Intosh; tribes; Indian removal; Native Americans

Chapter.  559 words. 

Subjects: History of the Americas

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