Johnson v. McIntosh 1823
Background: Leaders of Illinois and Pinakeshaw tribes had previously sold land to white settlers (a group of which Johnson was part of) but later ceded the same land to the federal government in a treaty. The government granted new homestead rights to new white settlers (one of them McIntosh).
Issue: Which claim had precedence in this matter, the sale of the land to Johnson or the federal governments treaty?
Ruling/Impact: The Court ruled that the tribes had a right to their land that preceded all American law, and that individual Americans could not buy land from the tribes, only the federal government could do so. In this ruling, the federal government treaty took precedence over the sale of the land to the settlers.
Issue: Which claim had precedence in this matter, the sale of the land to Johnson or the federal governments treaty?
Ruling/Impact: The Court ruled that the tribes had a right to their land that preceded all American law, and that individual Americans could not buy land from the tribes, only the federal government could do so. In this ruling, the federal government treaty took precedence over the sale of the land to the settlers.