Chapter

The Legal Adoption of Discovery in the United States

Robert J Miller, Jacinta Ruru, Larissa Behrendt and Tracey Lindberg

in Discovering Indigenous Lands

Published in print August 2010 | ISBN: 9780199579815
Published online September 2010 | e-ISBN: 9780191594465 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199579815.003.0002
The Legal Adoption of Discovery in the United States

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This chapter shows how Discovery was imported and expressly adopted into American colonial and state law in royal charters and colonial and state constitutions, governments, and courts. It explains how the United States government adopted Discovery and how it was accepted by American jurisprudence in 1823 in Johnson v M'Intosh. The loss of tribal and individual Indian property rights and sovereignty followed naturally from the use of Discovery against indigenous peoples in what is now the United States.

Keywords: American colonial law; terra nullius; pre-emption; Johnson v. M'Intosh; Discovery; Indian Commerce Clause; Northwest Ordinance; Indian treaties

Chapter.  20505 words. 

Subjects: Human Rights and Immigration

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