Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights

The U.S. Supreme Court ruling in Johnson v. McIntosh established the basic principles that govern American Indian property rights to this day. The case involved more than one Anglo-American purchaser claiming title to the same land in what is now southern Illinois. Chief Justice John Marshall declared that the “discovery” of America had given “exclusive title to those who made it”—namely, the European colonizers. Buying America from the Indians offers a comprehensive historical and legal overview of Native land rights since the European discovery of the New World.

Format: Paperback / softback
Length: 514 pages
Publication date: 02 August 2022
Publisher: University of Oklahoma Press

The U.S. Supreme Court ruling in Johnson v. McIntosh laid the foundational principles that continue to govern American Indian property rights to this day. In this case, over one Anglo-American purchaser claimed ownership of the same land in present-day southern Illinois. The Piankeshaw Indians had previously deeded the land twice, once to speculators in 1775 and again, thirty years later, to the United States through a treaty. The Court ultimately decided in favor of William McIntosh, who had purchased the land from the U.S. government. Chief Justice John Marshall, in his majority opinion, declared that the "discovery" of America had granted "exclusive title" to the European colonizers, who made it.

According to Johnson, the Piankeshaws, as well as other Indian tribes, did not own the land they believed to be theirs. In fact, no Indian tribe held legitimate ownership over their ancestral lands. Buying America from the Indians provides a comprehensive historical and legal examination of Native land rights since the European discovery of the New World. Author Blake A. Watson contextualizes the case within the broader historical framework, tracing Anglo-American views on Native land rights back to their European origins. He then explores how speculative ventures in Native lands impacted not only Indian peoples but also the causes and consequences of events such as the French and Indian War, the American Revolution, and the ratification of the Articles of Confederation.

The book focuses on the transactions at the heart of Johnson v. McIntosh, involving the Illinois and Piankeshaw Indians, who sold their homelands, and the future shareholders of the United Illinois and Wabash Land Companies. The final chapters highlight the historical legacy of Johnson v. McIntosh on federal policy with regard to Indian lands. Taught to first-year law students as the root of title for real property in the United States, the case has also faced criticism from the United Nat.

Weight: 929g
Dimension: 234 x 156 x 33 (mm)
ISBN-13: 9780806191270