"The doctrine of the discovery will extend from Europe to the infant U.S. government" Thomas Jefferson 1792
Johnson v. McIntosh
80 minute read
“The Indians were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion; but their rights to complete sovereignty, as independent nations, were necessarily diminished, and . . . Discovery gave exclusive title to those who made it.
[T]he different Nations of Europe . . . Asserted the ultimate dominion to be in themselves; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil, while yet in possession of the natives.”
“However extravagant the pretension of converting the discovery of inhabited country into conquest may appear, if the principle has been asserted in the first instance, and afterwards sustained; if a country has acquired and held under it; if the property of the great mass of the community originates in it, it becomes the law of the land, and cannot be questioned.” (id., at 591.) https://doctrineofdiscovery.org/johnson-v-mcintosh/