Doctrine of Discovery

The Doctrine of Discovery refers to the religious and legal justification used by Europe’s colonial powers to claim lands occupied by indigenous peoples, seize their property and forcibly convert or enslave them. The Doctrine has its roots in 15th century papal edicts granting Spain and Portugal permission to seize foreign lands as long as no baptized Christians had a prior claim. The “Discovery Doctrine” was put into U.S. law through a series of 19th Century Supreme Court decisions. It still applies today.

There is no single document known as the “Doctrine of Discovery.” Its roots are found in papal edicts and other Church documents and statements that collectively have come to be called the Doctrine of Discovery. A number of religious denominations and faith communities have begun to acknowledge the injustice caused by the Doctrine, and have made formal statements repudiating it. The Catholic Church has issued several statements and apologies to Native people, but has not one specifically for repudiating the Doctrine. Native people continue to seek a more explicit repudiation from the Catholic Church.

A Brief History
Key documents and statements where the Doctrine of Discovery was referred to, including Romanus Pontifex (1455) and Inter Caetera (1493).

Denominational Statements
Formal statements and other information from several religious denominations and faith communities repudiating the Doctrine of Discovery.

Impact on U.S. Law
Summary of how the Discovery Doctrine has been imbedded in U.S. law.

Fact Sheets
Documents created in preparation for the 2014 SPIN Fall Series: Doctrine of Discovery: Acknowledgment, Dialogue, and Response.

• Doctrine of Discovery- Timeline
• Doctrine of Discovery- Legacy
• Doctrine of Discovery- Reconciliation
• Doctrine of Discovery- FAQ for Faith Communities
• Doctrine of Discovery- Series Goals

Video: Doctrine of Discovery

• A documentary film, produced by filmmaker Sheldon Wolfchild (Lower Sioux Indian Community) and his film company 38 Plus 2 Productions. Healing Minnesota Stories has been partnering with Wolfchild to host film screenings and dialogues about the Doctrine. The film is now is publicly released and available for purchase. A trailer is available on his website, as well as information on how to purchase the DVD.

Other Videos

• The Episcopal Church Exposes the Doctrine of Discovery (13:59)
• Discovered? Or Stolen! Repudiating the Doctrine of Discovery (6:16)
• The UUA Exposes the Christian Doctrine of Discovery (5:06)
• Professor Robert Miller: The Doctrine of Discovery and Manifest Destiny (30:56)
• Steve Newcomb at Indigenous Peoples Forum on the Doctrine of Discovery (27:07)
• 2012 Feinberg Series: Doctrine of Discovery/Symposium on Indigenous Peoples: Truth & Reconciliation (1:45:43)
• Chief Oren Lyons of the Onondaga Nation on the Doctrine of Discovery (14:44)

Books and Articles

• • The Doctrine of Christian Discovery: A Call for Its Repudiation and Reparations by People of Faith
    By Howard J. Vogel, Emeritus Professor of Law at Mitchell Hamline School of Law
  • Rethinking the Effects of the Abrogation of the Dakota Treaties and the Authority for the Removal of the Dakota People from their Homeland
    By Howard J. Vogel, Emeritus Professor of Law at Mitchell Hamline School of Law
  • Pagans in the Promised Land: Decoding the Doctrine of Christian Discovery
    By Steven T. Newcomb, Co-Founder and Co-Director of the Indigenous Law Institute
  • Native America, Discovered and Conquered: Thomas Jefferson, Lewis & Clark, and Manifest Destiny (Praeger Publishers Inc., 2006)
    By Robert J. Miller, Professor of Law at Arizona State University
  • Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies (Oxford University Press, 2010)
    By Robert J. Miller, written with Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg