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Discovery doctrine
The Discovery doctrine is a concept of public international law expounded by the United States Supreme Court in a series of decisions, most notably ''Johnson v. M'Intosh'' in 1823. Chief Justice John Marshall justified the way in which colonial powers laid claim to lands belonging to foreign sovereign nations during the Age of Discovery. Under it, title to lands lay with the government whose subjects travelled to and occupied a territory whose inhabitants were not subjects of a European Christian monarch. The doctrine has been primarily used to support decisions invalidating or ignoring aboriginal possession of land in favor of colonial or post-colonial governments.
The 1823 case was the result of collusive lawsuits where land speculators worked together to make claims to achieve a desired result.〔''How the Indians Lost Their Land: Law and Power on the Frontier'' Stuart Banner, 2005, pg 171-2〕〔''The Dark Side of Efficiency: Johnson v. M'Intosh and the Expropriation of American Indian Lands'', Eric Kades, 148 U. Pa. L. Rev. 1065 2000, pg 148〕 John Marshall explained the Court's reasoning. The decision has been the subject of a number of law review articles and has come under increased scrutiny by modern legal theorists.
==Johnson v. M'Intosh==
The plaintiff Johnson had inherited land, originally purchased from the Piankeshaw tribes. Defendant McIntosh claimed the same land, having purchased it under a grant from the United States. It appears that in 1775 members of the Pankeshaw tribe sold certain land in the Indiana Territory to Lord Dunmore, royal governor of Virginia and others. In 1805 the Piankeshaw conveyed much of the same land to William Henry Harrison, governor of the Indiana Territory, thus giving rise to conflicting claims of title.〔(Watson, Blake A., "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.36, 481 )〕 In reviewing whether the courts of the United States should recognize land titles obtained from Native Americans prior to American independence, Chief Justice John Marshall decided that they should not.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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