Now that the 'apology' has been made and pretty well received, many are asking to rescind the 'doctrine of discovery' which is a somewhat misleading blanket term adopted to refer to what were essentially a series of public decrees—known as papal bulls—that were written by the popes of the 15th century to the Catholic kings of Spain and Portugal granting them permission to colonize non-Christian lands and enslave the non-Christians found in these lands that were deemed undiscovered by the Christian world.
There were three papal bulls of discovery issued to this end: Pope Nicholas V first wrote “Dum Diversas” to the king of Portugal in 1452. Within less than three years, he would issue a similar decree, “Romanus Pontifex,” to the king of Spain. It would be almost four decades before Pope Alexander VI wrote “Inter Caetera” in 1493, which is the papal bull most often cited when referring to the doctrine. It preserves many of the directives contained in preceding papal bulls and further amplifies the scope of what the pope allowed kings to do under the blessing and authority of the Catholic Church in the church’s quest to evangelize.
With these letters, the popes granted to kings and those of their empires certain permissions, among these the rights to conquer the lands of Indigenous Peoples where Christianity had not taken root, to convert the Indigenous Peoples there to the Roman Catholic faith and to enslave Indigenous Peoples.
While the doctrine of discovery might be considered obsolete by some, it has implications today for Indigenous communities, notably in the way that it has been used by justices of the U.S. Supreme Court to deny Indigenous Peoples’ land petitions.
The doctrine was first used in a 1823 U.S. Supreme Court case. In
Johnson v. McIntosh—the first of three landmark cases in
Indian law in the United States—the court ruled that while the Piankeshaw and Illinois Indians, two Native American communities, were within their right to occupy, settle and govern parcels of land in the Ohio River valley, they had no claim to land ownership. Following the logic of the doctrine of discovery, the land belonged to those who discovered it and therefore the federal government rightly owned the land.
The doctrine of discovery has been applied in many other cases and used internationally to legitimize governments’ ownership of land. As late as 2005, in
Sherrill v. Oneida Indian Nation, the late Justice Ruth Bader Ginsburg also argued against an Indigenous community’s claim to their land on the basis of the doctrine. In each of these cases, the particulars are complicated. Their inclusion here is not intended as a debate over the rightness of the judgment but rather to show how a so-called doctrine established in three letters by 15th-century popes has come to bear on secular laws and affect Indigenous communities.
In late March, when the delegations of First Nations, Métis and Inuit Peoples heard the pope’s historic first apology for the church’s participation in the Canadian government-mandated residential education system, some members of the delegation said they told the pope that an apology on Indigenous soils in Canada needed to include a call to repeal the doctrine of discovery.
But on Monday July 25, 2022,
when the pope offered the most comprehensive apology yet as the leader of the worldwide Catholic Church for abuses in Canada, there was no explicit mention of that doctrine.
Explainer: Could Pope Francis revoke the 15th-century ‘Doctrine of Discovery’ used to justify colonizing Indigenous peoples? | America Magazine
There remains much more to be done to correct such an injustice.