Johnson v. M’Intosh1823 Chief Justice Marshall pg. 3

Facts: Plaintiff bought land from Piankeshaw and Illinios Nations in 1773 and 1775. The chiefs who they bought the land from were empowered by their people to do so. The chiefs were also in rightful possession of the land they sold.

Procedural History: District Court of Illinois ruled against Johnson.

Issues: Did the lower court error in deciding the Johnson did not have a legal title from the lands he bought in 1773 & 1775? (No)

Judgment: “Judgment affirmed, with costs”

Holding: The US, then, have unequivocally acceded to the great and broad rule (conquest or discovery) by which its civilized inhabitants now hold this country. They maintain, as all others have maintained, that discovery gave an exclusive right to extinguish the Indian title of occupancy, either by purchase or by conquest; and gave also a right to such a degree of sovereignty, as the circumstances of the people would allow them to exercise.

Re: Types of argument

Rationale: Nativ...