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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 .
The discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court Justice John Marshall in Johnson v. McIntosh (1823).
Johnson's Lessee v. McIntosh , 21 U.S. (8 Wheat.) 543 (1823) , is a landmark decision of the U.S. Supreme Court which held private citizens could not purchase lands from Native Americans . The litigation began when the successor in interest to a private purchase from the Piankeshaw attempted to maintain an action of ejectment against the holder ...
McIntosh, which stated that when a European nation discovered land in the new world, that it also gained the right to take the land from the natives by purchase or by conquest. [ 2 ] At this time, states wanted to remove Indians from their territory, which led to more treaties and the establishment of the controversial policy of U.S. ethnic ...
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.
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.
Johnson v. McIntosh (1823), [42] thirteen years after Fletcher, was the Supreme Court's "first detailed discussion of the subject" of indigenous title, today "remembered as the origin of the right of occupancy." [43] Johnson remains "perhaps the best known of the Court's judgments on aboriginal title." [44]
M'Intosh became associated with the Supreme Court Case of Johnson v. McIntosh. [44] Chief Justice John Marshall, an acquaintance of Hinde and his father, [46] used the case to establish the "Discovery Doctrine," which ruled that the discovering people gain title over the indigenous peoples in respect to land title. [47]