The European Discovery Doctrine Grants the US Federal Government Absolute Title to All Indigenous Territories

According to Supreme Court case Johnson v. McIntosh (1823), land title is acquired by discovery. Since the U.S. is the successor of European nations right to discovery, this gives the U.S. absolute title over all Indigenous territories within the United States. This includes the right to extinguish indigenous land holdings and the right to grant their lands as they see fit.

Excerpts from Johnson v. McIntosh:

While the different nations of Europe respected the right of the natives, as occupants, they asserted the ultimate dominion to be in themselves; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil, while yet in possession of the natives. These grants have been understood by all, to convey a title to the grantees, subject only to the Indian right of occupancy.

The British government, which was then our government, and whose rights have passed to the United States, asserted title to all the lands occupied by Indians, within the chartered limits of the British colonies. It asserted also a limited sovereignty over them, and the exclusive right of extinguishing the title which occupancy gave to them. The title to a vast portion of the lands we now hold, originates in them. It is not for the Courts of this country to question the validity of this title, or to sustain one which is incompatible with it.

 

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