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Johnson & Graham's Lessee v. McIntosh

Jul 14, 2025

Overview

The Supreme Court case Johnson & Graham's Lessee v. McIntosh (1823) addressed whether Native American tribes could legally convey land to individuals, concluding that only the federal government had such authority.

Background and Facts

  • In 1775, Johnson and others bought land in Virginia from the Piankeshaw tribe under the King's proclamation.
  • Johnson's heirs inherited this land after his death.
  • In 1818, M'Intosh purchased the same land area from Congress.
  • Johnson's heirs sued M'Intosh to reclaim the land, but the district court favored M'Intosh, finding the Indian sale invalid.

Legal Question

  • The core legal question was whether a Native American tribe could legally convey land title to private individuals.

Supreme Court Decision and Reasoning

  • The Court unanimously held that M'Intosh's claim, derived from Congress, was superior.
  • Chief Justice Marshall ruled that only the federal government could negotiate with Native American nations for land transactions.
  • Native tribes did not have the right under U.S. law to sell land directly to individuals.

Impact and Precedent

  • The decision established that land title transfers from Native Americans to private parties were invalid unless made by or through the federal government.
  • This precedent reinforced federal authority over Native land transactions.

Decisions

  • Only the federal government may convey Native American land rights to private individuals.
  • M'Intosh's claim through Congressional purchase was valid; Johnson's heirs' claim via tribal purchase was invalid.