Johnson v. M'Intosh

Case brief summary

Facts

Private individuals bought two large tracts of land directly from the Piankeshaw and Illinois tribes in the 1770s, but the United States government later granted some of that same land to a different person.

Procedural history

A lower federal court in Illinois ruled against people who bought land from tribes. They appealed to the Supreme Court, asking it to review the lower court's decision.

Issue

Can a land title obtained by buying land directly from a Native American tribe be recognized as valid ownership in United States courts?

Holding

No, land bought directly from Native American tribes cannot be recognized as valid title in United States courts, so the government-granted title wins.

Reasoning

Because discovering new land gave European nations, and later the U.S., the only right to get land from tribes, tribes could use the land but only the government could grant valid land ownership.

Opinions

Majority (Marshall): Land titles bought straight from Native American tribes cannot be recognized by courts because tribes only had a right to occupy land, not to sell full ownership.