The Doctrine of Discovery and Its Legacy
How 15th-century papal bulls created the legal framework that justified the dispossession and enslavement of FBAs.
Papal Foundation
Dum Diversas (1452) authorized Portuguese to 'capture, vanquish, and subdue' non-Christians. Romanus Pontifex (1455) expanded rights to seize lands and property. Inter Caetera (1493) codified European rights to claim 'discovered' lands and peoples.
These papal bulls created a hierarchy of rights based on Christian European supremacy that was directly incorporated into American law.
Johnson v. M'Intosh (1823)
This Supreme Court decision established that indigenous peoples could not hold title to land and that European 'discovery' created superior property rights. It denied indigenous land ownership, created a legal framework treating non-Europeans as 'discoverable property,' and established precedent later used in Dred Scott v. Sandford.
This legal framework continues to influence modern property law and tribal recognition processes, creating ongoing barriers for FBA communities seeking federal recognition of their indigenous status.