Supreme Court of the United States (Marshall Court, 1823) — Johnson & Graham’s Lessee v. M’Intosh, 21 U.S. (8 Wheat.) 543

13 published claims from this book.

• A legal fiction becomes law once property ownership rests upon it
• An isolated royal confirmation cannot validate Indian titles generally against the Crown.
• Courts must enforce conqueror titles regardless of the claim’s original justice.
• Courts voided private purchases of Indian land as unmarketable title.
• Discovery of land granted title against rival Europeans but not against natives.
• Discovery vested absolute title in Europeans subject only to Indian occupancy
• England grounded its American title on Cabot’s voyage of discovery.
• Indian land was held in common by each tribe rather than in severalty.
• Natives were rightful occupants but lacked power to sell their land.
• Royal charters expressly conveying soil prove the Crown claimed land rights over Indian territory.
• Royal charters simultaneously granted both soil title and governmental power over the land.
• The federal purchase monopoly suppresses Native American land prices.
• Ultimate dominion let European governments grant Indian-occupied land to settlers.