![]() ![]() Other cases in the “Marshall Trilogy” are Cherokee Nation v. ![]() McIntosh and other cases, the doctrine had the effect of ignoring aboriginal land possession. 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. The Act established a process whereby the President could grant land west of the Mississippi River to Indian tribes that agreed to give up their homelands. 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. Georgia (1831), however, Chief Justice John Marshall declared that. In this case, John Marshall, writing for the court stated that: the Cherokees were protected within their lands, and in which the law of Georgia can have no right to enter, but with the assent of the Cherokees. After American independence, the Indians sold the same land to the U.S. Georgia is discussed: The Rise of Andrew Jackson: Indian Removal: In Cherokee Nation v. ![]() 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. 1823: Supreme Court rules American Indians do not own land ![]()
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