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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 ...
Johnson v. McIntosh [38] proved that the new central government was in favor of sovereign property rights, by stating that private citizens could not purchase Native American land, and that the federal government has the sole right [39] to negotiate with tribal nations. Cherokee Nation v.
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 book draws from both well-known decisions of federal courts as well as less well known cases in explaining the doctrines of federal Indian 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 ...
This is a list of U.S. Supreme Court cases involving Native American Tribes.Included in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.
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:
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 ...
In the 1823 case of Johnson v. McIntosh, the Marshall Court had established the supremacy of the federal government in dealing with Native American tribes. [109] In the late 1820s, the state of Georgia stepped up efforts to assert its control over the Cherokee within state borders, with the ultimate goal of removing the Cherokee from the state ...