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The discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court Justice John Marshall in Johnson v. McIntosh (1823).
McIntosh, [a] 21 U.S. (8 Wheat.) 543 (1823), also written M‘Intosh, is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans. As the facts were recited by Chief Justice John Marshall , the successor in interest to a private purchase from the Piankeshaw attempted to ...
The case of Johnson v. McIntosh by the Supreme Court in 1823 is well known to most law students as declaring that Indian tribes had the right to occupy the land but only the United States held title to the land by right of discovery. It covers other major cases, including Cherokee Nation v.
The Public Attorney's Office (PAO) of the Philippines is the public defender for all courts in the Philippines. It also provides other legal services to the poor ...
William McIntosh (c. 1760 – July 1832; also printed as "M‘Intosh") [a] was a fur trader, treasurer of the Indiana Territory under William Henry Harrison, and real estate entrepreneur. He became famous for the United States Supreme Court case of Johnson v. McIntosh (1823) and for his massive real estate holdings on the Wabash River.
This is a list of U.S. Supreme Court cases involving Native American Tribes.Included in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.
Based on the decision's reference to the discovery rights of "Christian people" and on the account of Marshall's Supreme Court colleague Joseph Story, Newcomb establishes that the Johnson decision is based in Christian law, specifically the 1493 papal bull Inter caetera. Newcomb concludes that the doctrine of discovery violates federal law's ...
In 1823, the U.S. Supreme Court case Johnson v. McIntosh established that only the U.S. government, and not private individuals, could purchase land from Native Americans. [ 43 ]