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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.
The lawsuit claimed that McIntosh had bought land rightfully owned by the Illinois-Wabash Company, based on the earlier purchase from the Indians. In 1823, the issue made its way to the U.S. Supreme Court in Johnson v. McIntosh. The Court decided in favor of McIntosh, ruling that private purchases of native lands were not valid.
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 ...
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 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]
Johnson was one of the first investors in the Illinois-Wabash Company, which acquired a vast swath of land in Illinois directly from several Indian tribes. 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.
Reed cited Johnson v. McIntosh to say that, under the concept of conquest, any title to the land was extinguished when the "white man" came. Reed also said there was no prior case holding that the federal government was required to pay tribes before using the land or extinguishing the tribe's aboriginal title.