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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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Conquest by Law

Lindsay G. Robertson (Contributor Webpage)

Oxford University Press

This chapter presents a summary of the preceding chapters. John Marshall did not foresee that the doctrine he developed would be used to support the removal of the southeastern tribes. When given his first real opportunity to do so in Worcester v. Georgia, he reversed himself, a reversal the Court subsequently ignored. The discovery doctrine survived and it facilitated Indian removal. More than 180 years later, the doctrine would still be cited to support the assertion or retention of European-derived rights to indigenous lands, not only in the United States.

Keywords:   John Marshall, Johnson v. M'Intosh, tribes, Indian removal, Native Americans

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