Doctrine of Discovery
The Repudiation of the Doctrine of Discovery
As part of the implementation of the General Synod 29 resolution, the joint working group of Council for American Indian Ministries (CAIM) and Justice and Witness Ministries (JWM) offer this resource for our churches to take up with prayer. To download the study, click HERE. Additional video resources:
For an introduction to the topic, see the video clip “Discovered, or Stolen?” For the history of the Doctrine of Discovery, see here for a 18-min. presentation by Dr. Roxanne Gould, All Nations Church UCC, Minneapolis, MN. See the same video (starting at the 18:40 mark) for Doctrine of Discovery and being a “pilgrim” today, a 10-min. mediation by the Rev. Emily Goldthwaite Fries.
Many Americans grow up learning that this continent was “discovered” by Christopher Columbus. The concept of discovery, as if the land was empty prior to arrival and its indigenous inhabitants were somehow “less than” the explorers is, at its heart, racism and cultural superiority.
The doctrine of discovery, a concept of public international law expounded by the United States Supreme Court in a series of decisions, originated from various church documents in Christian Europe in the mid-1400s to justify the pattern of domination and oppression by European monarchies as they invasively arrived in the Western hemisphere. It theologically asserted the right to claim the indigenous lands, territories, and resources on behalf of Christendom, and to subjugate native peoples around the world.
The U.S. Supreme Court used the doctrine to assert that the United States, as the successor of Great Britain, had inherited authority over all lands within our claimed boundaries. This decision allowed our government to legally ignore or invalidate any native claims to property and resources. To this day courts continue to cite this legal precedent. It is still being used by courts to decide property rights cases brought by Native Americans against the U.S. and against non-Natives.
The repudiation of the Doctrine of Discovery by General Synod 29 provides an invaluable teaching moment for our congregations to understand systemic and continuous impact of racism on the daily lives of indigenous peoples in the U.S.
Learn more about the Doctrine of Discovery
What is the Doctrine of Discovery?
The discovery concept has basically has two separate references. Theologically, it provided the spiritual rationale for Europeans since the times of the Crusades to conquer and confiscate other lands, including what is now the United States. There were papal documents which laid the groundwork that, later, Protestants adopted. It treated the indigenous peoples as if they were animals; they had no (European) title to the land on which they lived. Thus, the Church justified removing and killing them.
Legally, the discovery concept was written into United States law as a doctrine to deny land rights to American Indians, through the Supreme Court case known as Johnson v. McIntosh in 1823. The decision stripped American Indians from the right of their own independence, providing a rationale for taking land away from the indigenous peoples, with the support of United States federal law. As a concept of public international law, it continues to be cited as recently as 2005. The United Nations Permanent Forum on Indigenous Issues noted that the Doctrine of Discovery “was the foundation of the violation of their (Indigenous peoples) human rights.”
Excessive poverty, teenage suicides that outpaced all other ethnicities, extreme incidences of Type II diabetes, unemployment rates that rank among the highest – these are but a few of the contemporary cultural, communal, and individual damages experienced by indigenous peoples in the U.S., due to the generational impact resulted from the legacy of the Doctrine of Discovery.