![]() ![]() Under certain reservations and limitations in the letters patent expressed, That on 23 May, 1609, James I, King of England, by his letters patent of that date, under the great seal of England, did erect, form, and establish Robert, Earl of Salisbury, and others, his associates, in the letters patent named and their successors into a body corporate and politic by the name and style of "The Treasurer and Company of Adventurers and Planters of the City of London for the first Colony in Virginia," with perpetual succession and power to make, have, and use a common seal, and did give, grant, and confirm unto this company, and their successors, The case stated set out the following facts:ġst. It came up on a case stated upon which there was a judgment below for the defendant. 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. Titles in New England under Indian grants. Nature of the Indian title, as subordinate to the absolute ultimate title of the government. The exclusive right of the British government to the lands occupied by the Indians has passed to that of the United States.įoundation and limitation of the right of conquest.Īpplication of the principle of the right of conquest to the case of the Indian savages. Recognition of the same principle in the wars, negotiations, and treaties between the different European powers.Īdoption of the same principle by the United States. 543 543 (1823)Ī title to lands under grants to private individuals made by Indian tribes or nations northwest of the River Ohio in 17 cannot be recognized in the courts of the United States.ĭiscovery 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. Supreme Court Johnson & Graham's Lessee v. Native Americans cannot sell their land except to the federal government. The federal government then inherited the right from Great Britain after the American Revolution. In the situation of the U.S., this right belonged to the British when they first acquired colonies. This trumped the right of occupancy of the Native American tribes, at least with regard to the specific colonizing power. He argued that the patterns of discovery during the European colonization of the New World meant that each European nation gained sovereignty (and also title) over the land that it discovered. In an unanimous opinion, Marshall used historical analysis to find that only the government, rather than the Native American tribes, held title to the the land. Ruling that the Native American tribe did not have the right to convey the land, the federal district court held that Johnson's initial purchase and the chain of title stemming from it were invalid. The parties thus brought this litigation in order to obtain a judgment on priority rights to property more generally. ![]() The federal government had given M'Intosh a land patent to allegedly the same land, although in reality it appears that the properties were actually separate. ![]() His descendants inherited the land after Johnson's death and leased it to individuals who brought the action against William M'Intosh. This action for ejectment was based on a land dispute after Thomas Johnson, a Supreme Court Justice, bought land from Native Americans in the Piankeshaw tribe. ![]()
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