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McIntosh, [a] 21 U.S. (8 Wheat.) 543 (1823), also written M‘Intosh, is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans. As the facts were recited by Chief Justice John Marshall , the successor in interest to a private purchase from the Piankeshaw attempted to ...
In 1874, the U.S. government created the United States Reports, and retroactively numbered older privately-published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of U.S. Reports have dual citation forms; one for the volume number of U.S. Reports, and one for the volume number of the reports named for the relevant reporter of decisions (these are called ...
The case of Johnson v. McIntosh by the Supreme Court in 1823 is well known to most law students as declaring that Indian tribes had the right to occupy the land but only the United States held title to the land by right of discovery. It covers other major cases, including Cherokee Nation v.
Fairfax's Devisee v. Hunter's Lessee: 11 U.S. 603 (1813) Loyalist property forfeiture Martin v. Hunter's Lessee: 14 U.S. 304 (1816) Loyalist property forfeiture, Supreme Court review of state court judgments Laidlaw v. Organ: 15 U.S. 178 (1817) the rule of caveat emptor in a commodity delivery contract: Craig v. Radford: 16 U.S. 594 (1818)
The discovery doctrine was expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. McIntosh in 1823. In that case, Chief Justice John Marshall held that under generally accepted principles of international law:
Sims' Lessee v. Irvine (1799) was the first Supreme Court decision to discuss aboriginal title (albeit briefly), and the only such decision before the Marshall Court. The Court found ejectment jurisdiction over certain lands, notwithstanding the defendant's claim (in the alternative to the claim that the defendant himself held title) that the lands were still held in aboriginal title because:
In the 1823 case of Johnson v. McIntosh, the United States Supreme Court handed down a decision stating that Indians could occupy and control lands within the United States but could not hold title to those lands. [22] Jackson viewed the union as a federation of highly esteemed states, as was common before the American Civil War. He opposed ...
Agreement with the Court's judgment does not guarantee agreement with the reasoning expressed in its opinion. A justice is not considered in agreement if they dissented even in part. Agreement percentages are based only on the listed cases in which a justice participated and are rounded to the nearest one-tenth of one percentage point.