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In Marshall's formulation of the doctrine, discovery of territory previously unknown to Europeans gave the discovering nation title to that territory against all other European nations, and this title could be perfected by possession. A number of legal scholars have criticized Marshall's interpretation of the relevant international law.
Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related doctrine of discovery. However, the vast majority of the opinion is dicta ; as valid title is a basic element of the cause of action for ejectment, the holding does not extend to the validity of McIntosh's title, much less the ...
Sims' Lessee v. Irvine (1799) was the first Supreme Court decision to discuss aboriginal title (albeit briefly), and the only such decision before the Marshall Court. The Court found ejectment jurisdiction over certain lands, notwithstanding the defendant's claim (in the alternative to the claim that the defendant himself held title) that the lands were still held in aboriginal title because:
"Under the “doctrine of discovery,” County of Oneida v. Oneida Indian Nation of N. Y., 470 U. S. 226, 234 (1985) (Oneida II), “fee title to the lands occupied by Indians when the colonists arrived became vested in the sovereign—first the discovering European nation and later the original States and the United States,” Oneida Indian ...
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The Age of Discovery (c. 1418 – c. 1620), [1] also known as the Age of Exploration, was part of the early modern period and largely overlapped with the Age of Sail. It was a period from approximately the late 15th century to the 17th century, during which seafarers from a number of European countries explored, colonized, and conquered regions ...
The Judiciary Act of 1789. Under the Articles of Confederation, there were no general federal courts or crimes. [1] [2] Although the Articles authorized a federal court to punish "piracies and felonies committed on the high seas," [3] and the Congress of the Confederation in 1775 created the Court of Appeals in Prize Cases, [2] [4] Congress soon devolved this power to the states. [1]