Johnson v. M’Intosh

Opinions Opinions & Dissents U.S. Supreme Court Johnson & Graham's Lessee v. McIntosh, 21 U.S. 8 Wheat. 543 543 (1823) Johnson & Graham's Lessee v. McIntosh 21 U.S. (8 Wheat.) 543 ERROR TO THE DISTRICT COURT OF ILLINOIS Syllabus A title to lands under grants to private individuals made by Indian tribes or nations northwest of the River Ohio in 1773 and 1775 cannot be recognized in the courts of the United States. Discovery the original foundation of titles to land on the American continent as between the different European nations by whom conquests and settlements were made here. Recognition of the same principle in the wars, negotiations, and treaties between the different European powers. Adoption of the same principle by the United States. The exclusive right of the British government to the lands occupied by the Indians has passed to that of the United States. Foundation and limitation of the right of conquest. Application of the principle of the right of conquest to the case of the Indian savages. Nature of the Indian title, as subordinate to the absolute ultimate title of the government. Effect of the proclamation of 1763. Titles in New England under Indian grants. This was an action of ejectment for lands in the State and District of Illinois, claimed by the plaintiffs under a purchase and conveyance from the Piankeshaw Indians and by the defendant under a grant from the United States. It came up on a case stated upon which there was a judgment below for the …