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John Marshall and Indian Land Rights: A Historical Rejoinder to the Claim of "Universal Recognition" of the Doctrine of Discovery
Seton Hall Law Review (2006)
  • Blake A Watson, University of Dayton
Abstract
Contrary to the statements of John Marshall in Johnson v. McIntosh, 21 U.S. (8 Wheat.) 543 (1823), the native inhabitants of America were considered by many as the absolute and "true" owners of the lands they occupied, and could retain or transfer title to their lands as they saw fit. The founder of Rhode Island, Roger Williams, argued that Europeans could justly occupy lands in America only through purchase from the Indians. Likewise, individuals in New Jersey who based their title on Indian deeds championed native land rights in the eighteenth century. It is evident that Marshall's statement that Indians are "incapable of transferring the absolute title to others" was by no means universally accepted prior to the Supreme Court's pivotal 1823 decision.
Keywords
  • federal indian law,
  • discovery doctrine
Publication Date
2006
Citation Information
Blake A Watson. "John Marshall and Indian Land Rights: A Historical Rejoinder to the Claim of "Universal Recognition" of the Doctrine of Discovery" Seton Hall Law Review Vol. Thirty-Six Iss. Number Two (2006)
Available at: http://works.bepress.com/blake_watson/2/