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Johnson v. 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.
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.
Johnson v M'Intosh was extensively discussed in St Catharines Milling and Lumber Co v R (1888), the first Canadian case on Indigenous land title. The judge in first instance stated that Marshall had "concisely stated the same law of the mother country".
Trustees of Dartmouth College v. Woodward: 17 U.S. 518 (1819) impairment of contracts: Cohens v. Virginia: 19 U.S. 264 (1821) judicial review of state supreme court decisions Johnson v. McIntosh: 21 U.S. 543 (1823) inability of Native Americans to own land Gibbons v. Ogden: 22 U.S. 1 (1824) Congressional power to regulate interstate commerce ...
Soon after his death in 1819 his son Joshua Johnson and grandson Thomas Graham sued William M'Intosh in the landmark Supreme Court case Johnson v. McIntosh. The case, which remains one of the most important property decisions in American history, determined that only the federal government could acquire Indian land, so Johnson's descendants did ...
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:
William M'Intosh was a former Revolutionary War veteran who had become a fur trader and investor in military lands along the Wabash River. [44] Hinde and M'Intosh lived on adjoining tracts of land near what would become the site of the Grand Rapids Dam. [45] M'Intosh became associated with the Supreme Court Case of Johnson v. McIntosh. [44]
Fish, Sidney M. "The Illinois and Wabash Claim" in Barnard and Michael Gratz: Their Lives and Times. Lanham, MD: University Press of America, 1984. 155–78. Kades, Eric. "History and Interpretation of the Great Case of Johnson v. M'Intosh". Law and History Review, Spring 2001. Sosin, Jack M. The Revolutionary Frontier, 1763–1783. New York ...