THE DISCOVERY DOCTRINE: JOHNSON VS MCINTOSH [1823]

OF THE UNITED STATES. 543 1823. John3on V, [Co0XSTITUTIONAL LAw.] MlInt*sb. JOHNSON and GRAHAM'S Lessee V. WILLIAM M'INTOSH. A title to lands, under grants to private individuals, made by In- dian tribes o naticns northwest of the river Ohio, in 1773, and... More

OF THE UNITED STATES. 543 1823. John3on V, [Co0XSTITUTIONAL LAw.] MlInt*sb. JOHNSON and GRAHAM'S Lessee V. WILLIAM M'INTOSH. A title to lands, under grants to private individuals, made by In- dian tribes o naticns northwest of the river Ohio, in 1773, and 1775, cannot be recognised in the Courts of the United States. ERROR to the District Court of Illinois. This was an action of ejectment for lands in the State and District of Illinois, claimed by the plaintiffs under a purchase and conveyance from the Pian- keshaw Indians, and by the defendant, under a grant from the United States. It ;:ame up on a case stated, upon which there was a judgment below for the defendant. The case stated set out the following facts : 1st. That on the 23d of May, 1609,' James I. kilag of England, by his letters patent of that date, under the great seal of England, did erect, form, and establish Robert, Earl of Salisbury, and others, his associates, in the letters patent named, and their successors, into a b Less