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Conquest by LawHow the Discovery of America Dispossessed Indigenous Peoples of Their Lands$
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Lindsay G. Robertson

Print publication date: 2005

Print ISBN-13: 9780195148695

Published to Oxford Scholarship Online: September 2007

DOI: 10.1093/acprof:oso/9780195148695.001.0001

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(p.117) CHAPTER 6 Legacies
Conquest by Law

Lindsay G. Robertson (Contributor Webpage)

Oxford University Press

This chapter discusses the legacy of Marshall's opinion. Marshall devised the discovery doctrine in 1823 to shore up the claims of Virginia militia bounty warrant holders to lands in the southwestern corner of Kentucky. The weapon he thus forged for them was seized by expansionist Georgians and wielded against Native Americans throughout the eastern United States. The reformulation of the doctrine he engineered in Worcester v. Georgia proved impossible to sustain. Johnson was too important to remove. In 1835, Jackson appointees took control of Marshall's court and revived the Johnson formulation.

Keywords:   John Marshall, Georgia, Jackson administration, Native Americans, Worcester v. Georgia, eastern United States

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