Search results
Results from the WOW.Com Content Network
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 ...
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:
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.
William McIntosh (c. 1760 – July 1832; also printed as "M‘Intosh") [a] was a fur trader, treasurer of the Indiana Territory under William Henry Harrison, and real estate entrepreneur. He became famous for the United States Supreme Court case of Johnson v. McIntosh (1823) and for his massive real estate holdings on the Wabash River.
3.12 Incumbent Supreme Court Justices During the Chief Justiceship of Fred Ruiz Castro (1976–1979) 3.13 Incumbent Supreme Court Justices During the Chief Justiceship of Felix V. Makasiar (1985) 3.13.1 Incumbent Supreme Court Justices During the Chief Justiceship of Ramon C. Aquino (1985–1986)
Based on the decision's reference to the discovery rights of "Christian people" and on the account of Marshall's Supreme Court colleague Joseph Story, Newcomb establishes that the Johnson decision is based in Christian law, specifically the 1493 papal bull Inter caetera. Newcomb concludes that the doctrine of discovery violates federal law's ...
Estes and international jurist Tonya Gonnella Frichner (of the Onondaga Nation) further link the doctrine of discovery to Johnson v. McIntosh and frame their arguments on the correlation between manifest destiny and Doctrine of Christian Discovery by using the statement made by Chief Justice John Marshall during the case, as he "spelled out the ...
Johnson v. McIntosh The plaintiff Johnson had inherited land, which was originally purchased from the Piankeshaw tribes. The defendant McIntosh claimed the very same land, he had purchased it under a grant from the United States government. In 1775 members of the Piankeshaw tribe sold certain land in the Indiana Territory to Lord Dunmore.