johnson v mcintosh pdf

Spain did not rest her title solely on the grant of the Pope. U.S. Reports: Northern Pac.

543, 5 L. Ed. The case hinged, however, on the right of American Indians to sell property. It may be true, that in almost all the colonies, individual purchases from the Indians were illegal; but they were rendered so by express provisions of the local law. +��E���g\�za�����P B�o!\�G�b7��b0��x��\��ˌ�tA��s�s;� [Footnote] All the treaties and negotiations between the civilized powers of Europe and of this continent, from the treaty of Utrecht, in 1713, to that of Ghent, in 1814, have uniformly disregarded their supposed right to the territory included within the jurisdictional limits of those powers. Johnson v. McIntosh. 21 U.S. (8 Wheat.)
Chalmers, in whose collection this opinion is found, does not say to whom it applies; but there is reason to believe, that the author of Plain Facts is, in this respect, correct.

As to the effect of the proclamation of 1763: if the Indians are to be regarded as independent sovereign states, then, by the treaty of peace, they became subject to the prerogative legislation of the crown, as a conquered people, in a territory acquired, jure belli, and ceded at the peace. Great Case of Johnson v. M'Intosh ERIC KADES At the root of most land titles in America outside the original thirteen col­ onies sits a federal patent. Though the power to dismember regal governments was asserted and exercised, the power to dismember proprietary governments was not claimed; and, in some instances, even after the powers of government were revested in the crown, the title of the proprietors to the soil was respected. It would seem, therefore, to be unnecessary, and merely speculative, to discuss \*563 the question respecting the sort of title or ownership, which may be thought to belong to savage tribes, in the lands on which they live. Have the American States rejected or adopted this principle?

��FC�h�8���CArNh�������E(���1��H�Eh)�1G���.���ݢf��������zO�C�����Be��B��3)��`����z�vQ㒖�]M������O[cL�FR��]!�S�ˠ����"�f�C�ݑM�#� 8���[��s�I�{����{�L %%�h�$�C�?�M�a���hI���׳���HO�̚�^ ��V�f�.��z��tt�W����u{��7Sϸk_�s::�~J���M'���ɞfڣ"W That on the termination of the war between Great Britain and France, the Illinois Indians, by the name of the Kaskaskias tribes of Indians, as fully representing all the Illinois tribes then remaining, made a treaty of peace with Great Britain, and a treaty of peace, limits, and amity, under her mediation, with the Six Nations, or Iroquois, and their allies, then known and distinguished by the name of the Northern Confederacy of Indians; the Illinois being a part of the confederacy then known and distinguished by the name of the Southern Confederacy, and sometimes by that of the Western Confederacy. \*595 It is supposed to be a principle of universal law, that, if an uninhabited country be discovered by a number of individuals, who acknowledge no connexion with, and owe no allegiance to, any government whatever, the country becomes the property of the discoverers, so far at least as they can use it. However this restriction may be opposed to natural right, and to the usages of civilized nations, yet, if it be indispensable to that system under which the country has been settled, and be \*592 adapted to the actual condition of the two people, it may, perhaps, be supported by reason, and certainly cannot be rejected by Courts of justice. The lands in controversy lay within the chartered limits of Virginia, and were ceded with the whole country northwest of the river Ohio. \*587 After these States became independent, a controversy subsisted between them and Spain respecting boundary. In 1663, the crown granted to Lord Clarendon and others, the country lying between the 36th degree of north latitude and the river St. Mathes; and, in 1666, the proprietors obtained from the crown a new charter, granting to them that province in the king’s dominions in North America which lies from 36 degrees 30 minutes north latitude to the 29th degree, and from the Atlantic ocean to the South sea. Or, if it be admitted that they are now independent and foreign states, the title of the plaintiffs would still be invalid: as grantees from the Indians, they must take according to their laws of property, and as Indian subjects. On the restoration of Charles II., this small so-ciety \*603 hastened to acknowledge his authority, and to solicit his confirmation of their title to the soil, and to jurisdiction over the country. 229 (1823). Johnson v. McIntosh (1823) and Native Americans (John Marshall: Writings, Charles F. Hobson selected the contents and wrote the notes for this volume, Library of America, 2010, pages 583-588.) One of them, Lord Carteret, surrendered his interest in the government, but retained his title to the soil. archived from the defunct website healingtheheartland.com. [T]he different Nations of Europe . /Filter /LZWDecode It is also known that Mason, to whom New-Hampshire, and Gorges, to whom Maine was granted, found great difficulty in managing such unwieldy property. It is unnecessary to show, that they are not citizens in the ordinary sense of that term, since they are destitute of the most essential rights which belong to that character. By the 12th article of the treaty of Utrecht, made in 1703, his most Christian Majesty ceded to the Queen of Great Britain, ‘all Nova Scotia or Acadie, with its ancient boundaries.’ A great part of the ceded territory was in the possession of the Indians, and the extent of the cession could not be adjusted by the commissioners to whom it was to be referred. Although we do not mean to engage in the defence of those principles which Europeans have applied to Indian title, they may, we think, find some excuse, if not justification, in the character and habits of the people whose rights have been wrested from them. Every rule which can be suggested will be found to be attended with great difficulty. But the tribes of Indians inhabiting this country were fierce savages, whose occupation was war, and whose subsistence was drawn chiefly from the forest. Johnson & Graham’s Lessee v. McIntosh Date of Decision: February 28, 1823 Summary of case Thomas Johnson and a group of fellow British citizens purchased land from the Illinois and Piankeshaw tribes in 1773 and 1775, when the United States was still under British rule.

19th. On the discovery of this immense continent, the great nations of Europe were eager to appropriate to themselves so much of it as they could respectively acquire. All our institutions recognise the absolute title of the crown, subject only to the Indian right of occupancy, and recognise the absolute title of the erown to extinguish that right. Such, then, being the nature of the Indian title to lands, the extent of their right of alienation must depend upon the laws of the dominion under which they live. The collection of claims to lands lying in the western country, made in the 1st volume of the Laws of the United States, has been referred to; but we find nothing in that collection to support the argument. On the part of the defendants, it was insisted, that the uniform understanding and practice of European nations, and the settled law, as laid down by the tribunals of civilized states, denied the right of the Indians to be considered as independent communities, having a permanent property in the soil, capable of alienation to private individuals. Such a right is no more incompatible with a seisin in fee, than a lease for years, and might as effectually bar an ejectment. Co. v. Wismer, 246 U.S. 283 (1917). A title might be obtained, either by making an entry with the surveyor of a county, in pursuance of law, or by an order of the governor in council, who was the deputy of the king, or by an immediate grant from the crown.

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