Johnson v. M'Intosh, 21 U.S. (8 Wheat.) 543 (1823)
Johnson v. M'Intosh (1823) is a foundational Supreme Court case that established the legal framework for land ownership in the United States and the relationship between European colonizers and Native American tribes.
Can private individuals acquire valid title to land by purchasing it directly from Native American tribes, or does the federal government have exclusive authority to acquire land from Native Americans?
Under the discovery doctrine, European nations and their successor states (like the United States) acquired ultimate title to land upon "discovery," while Native Americans retained only a right of occupancy. Native American tribes cannot convey fee simple title to private parties; only the discovering sovereign can extinguish Native American title and grant full ownership.
The Court held that Johnson could not acquire valid title through direct purchase from Native American tribes. M'Intosh, who received title from the United States government, had superior title. Private purchases from Native Americans are invalid under U.S. law.
This case established the legal foundation for U.S. land ownership and federal control over Native American affairs. It created the framework for federal Indian law and legitimized the dispossession of Native American lands. The decision remains controversial but continues to influence property law and federal-tribal relations. It demonstrates how legal systems can institutionalize historical injustices while creating binding precedent.