![]() ![]() Other cases in the “Marshall Trilogy” are Cherokee Nation v. McIntosh and other cases, the doctrine had the effect of ignoring aboriginal land possession. Papers of the late Supreme Court Justice John Paul Stevens are displayed, including his notes during Bush v. Marshall based the decision on the “Discovery Doctrine,” referring to the way colonial powers laid claim to newly discovered land: in other words, title to the land lay with its discover. It reasons that since the federal government now controls the land, the Indians have only a “right of occupancy” and hold no title to the land. McIntosh, the Supreme Court under Chief Justice John Marshall upholds the McIntosh family’s ownership of land purchased from the federal government. government, which then sold it to William McIntosh. After American independence, the Indians sold the same land to the U.S. In the 1770s, Illinois and Piankeshaw Indians, in what is now Illinois State, sold some land to Thomas Johnson. ![]() The case involves a series of land transfers. The first of three court cases (the “Marshall Trilogy”) that become the foundation of American Indian law is decided. However, Marshall decided cases upon the law and Constitution rather than personal preferences. He wrote, If courts were permitted to indulge their sympathies, a case better calculated to excite them can scarcely be imagined. 1823: Supreme Court rules American Indians do not own land Chief Justice Marshall, however, was sympathetic to the plight of the Cherokees. Marshall began his tenure as chief justice during a tumultuous transition. ![]()
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