Dismantling the Doctrine of Discovery

Reckoning with a Legacy of Land Theft and Colonial Violence

For centuries, the Doctrine of Discovery has been used as a legal and moral justification for the seizure of Indigenous lands and the erasure of Indigenous sovereignty. First articulated by European monarchies and later codified into law in settler-colonial states, this doctrine declared that lands not occupied by Christians were terra nullius—empty land, free for the taking. This violent and racist framework laid the foundation for Indigenous dispossession, forced removal, and land commodification across the globe.

Even though the Doctrine of Discovery originated in the 15th century, its impact is not a relic of the past. It remains embedded in the federal and state legal systems and political structure, continuing to shape land use policies, property law, and resource extraction today. Dismantling its legacy requires more than symbolic rejection—it demands concrete action to return land, uphold Indigenous sovereignty, and confront the systems of power that continue to benefit from Indigenous dispossession.

A Legal Doctrine That Never Ended

While the Doctrine of Discovery may sound like an archaic concept, its principles continue to shape law and policy today. In the United States, for example, the 1823 Supreme Court case Johnson v. M'Intosh explicitly upheld the doctrine, ruling that Indigenous nations did not have full land ownership rights and could only sell their lands to the U.S. government. This case became a foundation of U.S. property law and remains unchallenged in American courts.

The implications of this may seem distant and historic, but in 2005 the Supreme Court ruled against the Oneida Nation in City of Sherrill v. Oneida Indian Nation, stating the Oneida Nation could not reassert sovereignty over ancestral lands it had legally repurchased, reinforcing the Doctrine of Discovery once again and asserting the priority of settler control over Indigenous ownership. Even more recently, in December 2024, the Doctrine of Discovery was cited by a New York State Appellate Court to deny Sovereign Immunity to the Tribal Leaders of the Shinnecock Tribe. The racist legacy of the Doctrine of Discovery continues to harm Indigenous People today.

The Doctrine in Practice: The Shinnecock Hills

The Shinnecock Hills of eastern Long Island offer a vivid and ongoing example of how the Doctrine of Discovery continues to shape landscapes, law, and the lived experiences of Indigenous nations. These lands have been central to the Shinnecock People for millennia, used for burial, seasonal lifeways, and spiritual practice. Archaeological records show intentional use of the area as a cemetery more than 3,000 years ago, with burials that reflect deep ceremonial care—interred with red ochre, steatite bowls, and other sacred objects.

European colonists laid claim to this land through 17th-century Crown grants based on the Doctrine of Discovery. In 1703, the Town of Southampton negotiated a lease with the Shinnecock, granting the Nation continued access to the Hills in exchange for a symbolic rent of one ear of corn annually for 1,000 years. Yet in 1859, the Town unilaterally abrogated that lease and, with the support of the New York State Legislature, partitioned and sold the Shinnecock Hills to private developers—a direct violation of the 1790 Non-Intercourse Act, which prohibits the transfer of Indigenous land without federal approval.

Despite legal challenges mounted immediately by the Shinnecock and carried forward for generations, the Hills were gradually developed: first through agricultural uses and then by resort, residential, and commercial interests. The Nation continues to assert its rights to the Hills and remains actively engaged in the fight to reclaim them. Federal recognition of the Shinnecock Indian Nation in 2009 marked an important milestone, but the struggle for land justice is far from over. The Hills remain Shinnecock ancestral territory, a sacred landscape fragmented and commodified by colonial expansion—but not forgotten, and never ceded.

The Doctrine’s Impact on Land, Law, and Sovereignty

The Doctrine of Discovery is not just a legal precedent—it is a cultural and economic system that has shaped how land is viewed and used. Its impacts are visible in:

• Land Commodification: By reducing land to a commodity that can be owned, sold, and exploited, the doctrine enabled capitalist expansion at the direct expense of Indigenous lifeways. Today, this continues through real estate speculation, corporate land grabs, and environmental destruction.
  
  

• Erasure of Indigenous Governance: The doctrine justified the disruption of and replacement of Indigenous systems of governance with settler institutions. Indigenous nations continue to struggle for recognition and autonomy in legal systems built to exclude them.
  
  

• Ongoing Land Theft and Resource Extraction: The legacy of the doctrine allows corporations and governments to claim ownership of Indigenous lands, often in direct opposition to Indigenous stewardship practices that have protected ecosystems for millennia.
  
  

Dismantling the Doctrine: A Call to Action

Rejecting the Doctrine of Discovery is not just about acknowledging historical injustice—it’s about taking material action to undo its consequences. This includes:

• Legal and Policy Reform: Governments and legal institutions must explicitly repudiate the doctrine and remove its influence from property law, land policy, and governance structures.
  
  

• Land Back and Land Rematriation: Dismantling the doctrine means returning land to Indigenous nations, not just offering acknowledgment or financial compensation. Land Back is not a metaphor—it is a necessary step toward justice.
  
  

• Indigenous Sovereignty and Self-Determination: Recognizing and supporting Indigenous governance is critical in reversing the harms of the doctrine. This means respecting treaty rights, supporting Indigenous-led conservation, and centering Indigenous leadership in land and environmental policy.
  
  

• Education and Awareness: The Doctrine of Discovery is rarely taught in schools, leaving many unaware of its ongoing impact. Broadening public understanding is crucial in building movements for land justice and Indigenous rights.
  
  

The Doctrine of Discovery was never just about claiming land—it was about claiming power. Dismantling it requires confronting the ways it continues to shape the world today and taking action to restore what was stolen. This is not a symbolic exercise; it is a movement for justice, sovereignty, and the future of our shared lands.

The Niamuck Land Trust centers this fundamental need to reject the Doctrine of Discovery in all of its work and partners closely with the Coalition to Dismantle the Doctrine of Discovery, which calls on the Christian Church to address the extinction, enslavement, and extraction done in the name of Christ on Indigenous lands. NLT also works closely with Land Justice Futures in supporting religious communities to incorporate land justice into their property plans and missions.