1.2 European Doctrines of Discovery and Conquest
5 min read•august 12, 2024
European doctrines of discovery and conquest shaped early American Indian law. These ideas, rooted in papal decrees and treaties, gave Christian nations the right to claim "discovered" lands and ignore indigenous rights.
The , three Supreme Court cases, cemented these concepts in U.S. law. They established tribes as "domestic dependent nations" under federal control, setting the stage for ongoing legal and political challenges.
Origins of European Doctrines
Papal Bulls and Treaty of Tordesillas
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- The originated in a series of Papal Bulls (official decrees from the Pope) issued in the 15th century, which gave Christian explorers the right to claim lands they "discovered" and lay claim to those lands for their Christian monarchs
- These Bulls played a central role in the Spanish conquest of the New World and in the Portuguese conquest of Brazil ( in 1494)
- The Treaty of Tordesillas divided the New World lands between Portugal and Spain along a north-south meridian 370 leagues west of the Cape Verde islands, granting Spain all lands to the west and Portugal all lands to the east
- This treaty solidified the Doctrine of Discovery that had been established by earlier Papal Bulls and granted these nations exclusive rights to colonize and exploit the specified regions
Terra Nullius and Aboriginal Title
- The Doctrine of Discovery was used in conjunction with the concept of (land belonging to no one) to justify European claims to indigenous lands
- Europeans considered land that was not occupied by Christians as terra nullius and open to claims of ownership and sovereign rights by Christian rulers
- This concept was used to negate any pre-existing rights of the indigenous inhabitants and to justify the acquisition of territory through mere discovery
- The U.S. Supreme Court case (1823) established the principle that private citizens could not purchase lands from Native Americans, as the Doctrine of Discovery had given the U.S. government ultimate title to these lands
- The case also defined the concept of Aboriginal title, declaring that Native Americans had a right to occupy lands but could not hold true title to the land
U.S. Supreme Court Decisions
The Marshall Trilogy
- The Marshall Trilogy refers to three U.S. Supreme Court decisions written by Chief Justice in the early 19th century that established foundational principles of federal Indian law
- Johnson v. M'Intosh (1823) was the first case in this series, which held that private citizens could not purchase lands from Native Americans as the U.S. government had ultimate title to the land under the Doctrine of Discovery
- (1831) was the second case, which ruled that Native American tribes were not foreign nations but rather "domestic dependent nations" under the and dominion of the U.S. government
- (1832) was the third case, which held that the state of Georgia could not impose its laws on Cherokee tribal lands as the Constitution gives Congress, not the states, authority over Indian affairs
Plenary Power Doctrine
- The Marshall Trilogy cases, particularly Cherokee Nation v. Georgia, laid the groundwork for the in federal Indian law
- Under this doctrine, Congress has broad, virtually unlimited power over Native American tribes, who are considered "wards" under the "guardianship" of the federal government
- This paternalistic doctrine asserts that the federal government has both exclusive and unlimited power to legislate on matters affecting the Native American tribes
- The plenary power doctrine has been used to justify Congressional actions that have adversely affected Native American interests, such as the allotment and sale of tribal lands or the termination of tribal status
Justifications and Consequences
Manifest Destiny and Colonialism
- was a 19th-century belief that the expansion of the United States across the American continent was inevitable, justified, and divinely ordained
- This ideology was used to rationalize the forced removal of Native American tribes from their ancestral lands and the acquisition of territory through treaties or military conquest
- Manifest Destiny was closely tied to , a system of control and exploitation by which a central power dominates a territory and its population, often imposing its own culture, religion, and legal systems
- The Doctrine of Discovery and the concept of terra nullius were used as legal and moral justifications for colonial expansion and the dispossession of indigenous peoples
Imperialism and Sovereignty
- , the policy of extending a country's power and influence through colonization or other means, was a driving force behind the European conquest of the Americas and the subjugation of Native American tribes
- The Doctrine of Discovery and the Marshall Trilogy cases were used to legitimize U.S. imperialism and to assert U.S. sovereignty over Native American lands and peoples
- Sovereignty refers to the supreme power or authority of a state to govern itself and to control its own affairs, both internally and in its relationships with other states
- The Marshall Trilogy cases, particularly Cherokee Nation v. Georgia, undermined Native American sovereignty by declaring tribes to be "domestic dependent nations" under the dominion of the U.S. government rather than fully sovereign entities
Trust Responsibility
- The is a legal and moral obligation of the U.S. government to protect Native American rights, assets, resources, and lands, which stems from the Marshall Trilogy cases and the notion of tribes as "wards" under federal "guardianship"
- This responsibility arises from the treaties, statutes, and court decisions that have defined the relationship between the federal government and Native American tribes
- The trust responsibility requires the federal government to act in the best interests of the tribes, to defend their rights, and to fulfill its treaty obligations
- However, the trust relationship has often been used to justify paternalistic and coercive policies, such as the allotment of tribal lands or the suppression of traditional religious practices, under the guise of protecting Native American interests
Key Terms to Review (14)
Cherokee Nation v. Georgia: Cherokee Nation v. Georgia was a landmark Supreme Court case in 1831 that addressed the legal status of Native American tribes and their relationship with the United States government. The case established important precedents concerning tribal sovereignty and the federal government's authority over Indian affairs, ultimately framing the legal context for future cases involving Native American rights.
Colonialism: Colonialism is the practice of acquiring and maintaining control over a territory and its people, often through force or coercion, with the intention of exploiting resources and establishing dominance. It involves the imposition of the colonizer's culture, political systems, and economic practices on the colonized societies, leading to significant cultural, social, and economic changes. This concept is crucial for understanding historical European expansion, particularly how doctrines of discovery justified the subjugation of Indigenous populations and how these legacies continue to affect tribal sovereignty today.
Doctrine of Discovery: The Doctrine of Discovery is a legal and philosophical concept that justified European colonization and the claiming of lands inhabited by Indigenous peoples, asserting that discovery gave sovereign nations the right to claim territory. This doctrine has influenced laws and policies regarding land ownership, sovereignty, and the treatment of Native American tribes in the U.S., establishing a foundation for the relationship between federal government and Indigenous nations.
Imperialism: Imperialism is a policy or ideology where a country extends its power and influence over other nations or territories, often through conquest, colonization, or economic dominance. This practice has historically involved European powers asserting control over vast areas, justified by beliefs of superiority and the desire for resources, often leading to profound impacts on indigenous populations and cultures.
John Marshall: John Marshall was the fourth Chief Justice of the United States, serving from 1801 to 1835. He is best known for establishing the principles of American constitutional law and significantly shaping the relationship between federal and state governments, especially regarding Native American rights and sovereignty.
Johnson v. M'Intosh: Johnson v. M'Intosh is a landmark U.S. Supreme Court case from 1823 that established the legal principle that private citizens could not purchase land from Native Americans, as the federal government held exclusive rights to negotiate land transactions. This decision underscored the U.S. government's authority over land transactions and clarified the relationship between federal law and Native American land rights.
Manifest Destiny: Manifest Destiny is the 19th-century doctrine that believed it was the divine right and destiny of the United States to expand its territory across North America. This concept justified territorial acquisitions, leading to the displacement of Native American populations and significant alterations in land ownership, as well as influencing U.S. foreign policy during that era.
Marshall Trilogy: The Marshall Trilogy refers to a series of three landmark U.S. Supreme Court cases in the early 19th century that established the legal foundation for federal Indian law and affirmed the sovereignty of Native American tribes. These cases, namely Johnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia, set crucial precedents regarding land rights, tribal sovereignty, and the trust relationship between Native American tribes and the federal government. The trilogy significantly influenced the ongoing legal and political dynamics surrounding Native American issues.
Plenary Power Doctrine: The plenary power doctrine refers to the principle that the federal government has complete authority over Indian affairs and tribal nations. This doctrine is rooted in the belief that Congress has the power to legislate without limitation regarding Native American tribes, which often leads to significant implications for tribal sovereignty and governance. The doctrine shapes the legal landscape of Native American law, impacting the relationships between tribes and the federal government, as well as reflecting historical attitudes stemming from European doctrines of discovery and conquest.
Sovereignty: Sovereignty refers to the supreme authority of a state or governing body to govern itself without external interference. In the context of Native American law, it encompasses the self-governance and autonomy of tribal nations, allowing them to establish their own laws, manage their affairs, and maintain their cultural identity, often in tension with federal and state powers.
Terra nullius: Terra nullius is a Latin term meaning 'land belonging to no one,' used historically to justify the colonization of territories deemed unoccupied or without recognized sovereign authority. This concept was a crucial part of European doctrines of discovery and conquest, allowing colonial powers to claim lands inhabited by Indigenous peoples under the premise that these lands were 'empty' and thus available for acquisition.
Treaty of Tordesillas: The Treaty of Tordesillas was an agreement made in 1494 between Spain and Portugal to divide newly discovered lands outside Europe along a meridian line in the Atlantic Ocean. This treaty was significant because it established a framework for European colonization and exploitation of the Americas, directly influencing the course of exploration and the interaction between European powers and Indigenous peoples.
Trust Responsibility: Trust responsibility is a legal obligation of the federal government to protect the interests and resources of Native American tribes and their members. This principle stems from treaties, statutes, and historical relationships, establishing a fiduciary duty that the government must uphold in managing tribal lands, resources, and governance.
Worcester v. Georgia: Worcester v. Georgia was a landmark U.S. Supreme Court case decided in 1832 that established the principle that the federal government, not the states, had authority in Indian affairs. This case highlighted the relationship between the federal government and Native American tribes, affirming tribal sovereignty against state encroachments and setting a precedent for future legal battles regarding Native American rights.