Johnson and Graham’s Lessee v. McIntosh
"Johnson and Graham’s Lessee v. McIntosh" is a landmark Supreme Court case from 1823 that addresses the complexities of land ownership and Native American land rights in the United States. The case emerged when William Johnson claimed ownership of land in Illinois purchased from the Piankeshaw tribe in 1775, while William McIntosh argued he had acquired the same land from the federal government in 1818. The Supreme Court, in a 7-2 decision led by Chief Justice John Marshall, ruled in favor of McIntosh, asserting that Native Americans did not hold absolute rights to sell their land as their ownership was viewed as occupancy rather than full ownership. This ruling highlighted the principle of "ultimate dominion" held by European powers and later the U.S. government over land titles, thereby limiting the recognition of Native American land claims. The case is significant in illustrating the historical context of land rights, the impact of colonialism on Native American sovereignty, and the legal precedents that shaped federal authority over tribal lands. It serves as a critical reference point for discussions on property rights, indigenous sovereignty, and the evolution of U.S. law regarding Native American interests.
Johnson and Graham’s Lessee v. McIntosh
Date: March 10, 1823
Citation: 8 Wheat. (21 U.S.) 543
Issues: Native American land claims; natural law
Significance: Going back to the rights of discovery and conquest, the Supreme Court upheld the U.S. government’s ultimate authority to extinguish title of occupancy and to convey title in the soil.
In 1775 William Johnson purchased land in Illinois from the Piankeshaw tribe, but Virginia in 1783 conveyed the land to the federal government for the public domain. In 1818 William McIntosh purchased part of this Illinois land from the federal government, but the Johnson family claimed to be the legitimate owner. By a 7-2 vote, the Supreme Court ruled in favor of McIntosh, and held that the tribe had not possessed an absolute right to sell its land.
Writing for the Court, Chief Justice John Marshall paid homage to the idea of natural justice, while deciding on the basis of positive law and actual practice. He found that the property rights of natives, although not entirely disregarded, were “to a considerable extent, impaired.” The discovering European nations had exercised “ultimate dominion” to decide questions of land ownership. Native Americans had been mere “occupants” of the land. Conquest had given “a title which the courts of the conqueror cannot deny,” and it superseded any consideration for “original justice.” British authority over land title, moreover, had been transferred to the government of the United States. Although the rhetoric changed, subsequent Court decisions upheld Marshall’s position on congressional authority over tribal land claims.