Johnson V Mcintosh

.docx

School

Arizona State University *

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Course

46023

Subject

History

Date

Apr 3, 2024

Type

docx

Pages

3

Uploaded by SuperHumanFire10780

Group members – Adam, Donald, Bethany Name of chapter - Johnson V. Mcintosh Learning Objective 1: Understand why Mcintosh won the land Learning Objective 2: Why is this case significant to the history of Indigenous people? Learning Objective 3: Materials Needed (If you are going to do some type of activity) Outline of class structure: (Example) Introduction of subject/chapterTime – 5 min Brief lecture – brief talking points; major points to coverTime – 15 – 20 min. ● Prior to this case the plaintiffs claimed that their chain of title was superior due to Johnson's purchases and filed an ejectment case against M'Intosh in the United States District Court for the District of Illinois. The Piankeshaw were unable to transfer the land, so the District Court dismissed the claim. ● In 1773 and 1775, Thomas Johnson, a founding member of the Supreme Court, purchased territory from Piankeshaw Indian tribes. The plaintiffs were lessees of Thomas Johnson's heirs who had taken over the lease on the property. According to the facts as Marshall recognized them, the defendant, William M'Intosh, afterwards acquired a land patent from the United States for this same land. ● “The first of three court cases (the “Marshall Trilogy”) that become the foundation of American Indian law is decided. The case involves a series of land transfers. In the 1770s, Illinois and Piankeshaw Indians, in what is now Illinois State, sold some land to Thomas Johnson. After American independence, the Indians sold the same land to the U.S. government, which then sold it to William McIntosh. In Johnson v. McIntosh, the Supreme Court under Chief Justice John Marshall upheld the McIntosh family’s ownership of land purchased from the federal government. It reasons that since the federal government now controls the land, the Indians have only a “right of occupancy” and hold no title to the land. ● During the time of the case, the United States were starting to displace Native Americans to increase room for western expansion and it was called the Removal Era (1820-1850). ● The first introduction to tribal sovereignty would take place during the time of this case, affirming the enduring rights of indigenous landholders (1823). ● Marshall upheld the dismissal in his opinion for the entire court. ● Marshall starts out by going into great detail on the history of European colonization of the Americas and the precepts upon which the American Colonies were founded.
Marshall focuses in particular on how each European power seized land from its native inhabitants. Marshall describes the "discovery concept," which holds that a European power acquires a radical title (also known as sovereignty) to the country it discovers. This doctrine summarizes the law of colonizing powers. The "discovering" power consequently has the sole authority to terminate the Indigenous occupiers' "right of occupation," which would have otherwise persisted after the attainment of sovereignty. ● This case has been a staple of reference for state cases related to Native American land titles. ● The court dismissed the fact that the Piankeshaw gave owners rights to the land, as the tribe was unable to convey rights to the land. ● “Louisiana Purchase” ● In the early 1800s, life for Native Americans in America was marked by profound changes and challenges. The arrival of European settlers had disrupted traditional ways of life and led to the loss of land, resources, and cultural practices. Many Native American nations found themselves on the losing end of treaties and forced to move to reservations. Despite these challenges, Native American communities continued to maintain their cultural traditions, including spiritual beliefs, language, and social structures. They also adapted to changing circumstances, developing new economies based on trade and farming and forming political alliances to protect their interests. However, the federal government's policies towards Native Americans were often harsh and oppressive. Native American communities faced widespread discrimination and prejudice, and their rights were frequently violated. The government's policy of "civilizing" Native Americans, which aimed to assimilate them into white American culture, resulted in the forced removal of Native American children from their families and communities to boarding schools, where they were subjected to cultural and physical abuse. Overall, life for Native Americans in America during the early 1800s was a time of immense difficulty, marked by profound changes and challenges. Nevertheless, despite the obstacles they faced, Native American communities remained resilient and continued to maintain their cultural traditions and adapt to changing circumstances. Google slides Group Discussion/Activity (include instructions for students) Time – 20 – 25 min. description of activity or list of discussion questions. Also add how the group will coordinate activity. Example, how are you going to break up the class? Does every group have the same questions? Kahoot Questions:
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