Johnson & Graham's Lessee v. McIntosh
21 U.S. 543 · Supreme Court of the United States · 1823
Facts
Plaintiffs, Johnson & Graham's Lessee, claim title to land based on two grants made in 1773 and 1775. These grants were purportedly made by the chiefs of the Illinois and Piankeshaw Indian nations. The facts, as stated in the case agreed, show that the chiefs were authorized by their own people and were in rightful possession of the land they sold at the time of the conveyances. The defendant, McIntosh, presumably claims title to the same land through a different source, which the court later discusses as being derived from the United States government.
Procedural history
The case originated in the District Court of Illinois, which rendered judgment against the plaintiffs. The Supreme Court affirmed this judgment, finding no error.
Issue
Can a title to land granted by Indian tribes to private individuals be recognized and sustained in the courts of the United States? Specifically, do Indian tribes have the power to convey, and private individuals the power to receive, a title that is valid against a later claim by the United States?
Holding
No, a title to land granted by Indian tribes to private individuals cannot be recognized or sustained in the courts of the United States. The plaintiffs' title is invalid, and the lower court's judgment against them is affirmed.
Rule
The "discovery doctrine" establishes that European nations, upon discovering new lands, acquired an exclusive right to extinguish the Indian title of occupancy, either by purchase or conquest, and asserted ultimate dominion over the soil. While Indian tribes retained a right of occupancy, they lost the power to convey absolute title to private individuals. The discovering sovereign, and subsequently the United States, held the exclusive right to acquire land from the natives, making private purchases from Indians invalid without government sanction. This principle, though potentially contrary to natural right, became the law of the land, essential for the settlement and governance of the country.
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