The Earth Is Red: The Imperialism of the Doctrine of Discovery

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In 1823, Chief Justice John Marshall declared the "Doctrine of Discovery" as the supreme law in Johnson v. M'Intosh, asserting that the first European nation to "discover" unclaimed land could claim ownership. This principle set the stage for America's vision of a continental empire, viewing Indigenous peoples as mere obstacles to colonial expansion. Following Marshall's earlier 1810 opinion that states owned all land within their borders, southern states began selling Indigenous land, enacting legislation to incorporate it into their counties, and undermining Indigenous sovereignty. The federal government faced the risk of southern states seceding if their land acquisition efforts were impeded. By relegating Indigenous peoples to tenants on their own land, it became easier to violate treaties with these sovereign nations, enabling the acquisition of vast territories. This led to the devastating loss of Indigenous lives, land, and resources, alongside the imposition of harsh economic sanctions and destructive assimilation policies. Consequently, the United States expanded its empire at minimal or no cost, facilitated by Marshall's rulings in two troubling cases.