Johnson v. M’Intosh
Citation: 21 U.S. (8 Wheat.) 543 (U.S. 1823)
Facts
Thomas Johnson’s heirs held title to land in Illinois that had been purchased directly from the Piankeshaw Nation in 1773 and 1775. William M’Intosh later received a land grant for overlapping acreage from the U.S. government. The question was which title prevailed — the title derived from a private purchase from Native Americans, or the title granted by the federal government.
Issue
Can private individuals acquire valid title to land by purchasing it directly from Native American tribes, such that the title can be enforced against a subsequent grant from the U.S. government?
Holding
Chief Justice Marshall held that the U.S. government’s grant to M’Intosh was superior. Native American tribes held only a right of occupancy, not full title to land; the power of original conveyance was vested exclusively in the sovereign discoverer (first European, then the United States) under the Doctrine of Discovery.
Rule
The Doctrine of Discovery: European discovery of lands occupied by indigenous peoples vested in the discovering sovereign the exclusive right to extinguish Native title (right of occupancy) and to grant title to others. Native peoples retain a right of occupancy but cannot convey fee simple title to private parties.
Significance
Johnson v. M’Intosh is the foundational American property law case on original acquisition of title. It introduces the Doctrine of Discovery into U.S. law and frames the entire structure of Native American land rights. It is taught as the starting point for property courses because it forces examination of how the legal system constructs and legitimates original title.