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Discovering Indigenous LandsThe Doctrine of Discovery in the English Colonies$
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Robert J. Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg

Print publication date: 2010

Print ISBN-13: 9780199579815

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199579815.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 September 2021

The Legal Adoption of Discovery in the United States

The Legal Adoption of Discovery in the United States

(p.26) 2 The Legal Adoption of Discovery in the United States
Discovering Indigenous Lands

Robert J Miller

Jacinta Ruru

Larissa Behrendt

Tracey Lindberg

Oxford University Press

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

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