how did chief justice john marshall explain the rule of disc

how did chief justice john marshall explain the rule of discovery

Solution

John Marshall found that ownership of land comes into existence by virtue of discovery of that land, a rule that had been observed by all european countries with settlements in the new world.

Legally, the United States was the true owner of the land beacuse it inherited that ownership from Britain, the original discoverer.

He noted that, on the discovery of this immense continent, the great nations of Europe as they were all in pursuit of nearly the same object, it was necessary, in order to avoid conflicting settlements and consequent war with each other to establish a principle which all should acknowledge as the law by which the right of acquisition which they all asserted should be regulated as between themselves.

This principle was that discovery gave title to the government by whose subjects or by whose authority, it was made against all other European governments which title might be consummated by possession.

The history of America from its discovery to the present day proves, we think the universal recognition of these principles.