Editing Property Singer/Outline
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.
| Latest revision | Your text | ||
| Line 517: | Line 517: | ||
###Redistribution | ###Redistribution | ||
###Property Clause: Fed authority to manage public domain- “Congress shall have the Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” ''-- Article IV, § 3, clause 2 '' | ###Property Clause: Fed authority to manage public domain- “Congress shall have the Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” ''-- Article IV, § 3, clause 2 '' | ||
'''Johnson v. M’Intosh:''' Lawsuit to “quiet title of Land.” Thomas Johnson bought land from Piankenshaw Indian tribes in 1773 and 1775. The defendant, William M'Intosh (pronounced "McIntosh"), subsequently obtained a land patent to this same land by the United States government. The plaintiffs, lessees of the son and grandson of Thomas Johnson who had inherited the land in the interim, brought an action for Ejectment against Mr. M'Intosh in the Illinois District Court, claiming that it was theirs by virtue of their grandfather's purchases in 1773 and 1775. Plaintiffs contended that their title ran directly from the Native Americans who owned the property and therefore it was superior to defendants’ title. Defendant M’Intosh, on the other hand, maintained that the land belonged to him by virtue of the United States’ land patent. The district court held that defendant M’Intosh’s claim was superior on the grounds that the Piankeshaw were not able to actually convey the land because they never “owned” it in the traditional sense of the word. The Plaintiffs requested review of the decision which granted title to the property in that state to defendant M’Intosh on the basis of the land grant from the United States.'''Held:''' The exclusion of all other Europeans, necessarily gave to the nation making the discovery the sole right of acquiring the soil from the natives, and establishing settlements upon it. Europeans got together and said, there is land in Americas, and whoever gets there first, has the claim to the land first. Claim means the rights to conquest or arrange with the Indians the land. Principles of “abstract justice” may seem offended, but “universal recognition” for rule that discovery gave the US exclusive rights to extinguish Indian title of occupancy, either by purchase or conquest. “Conquest gives a title which the courts of the conqueror cannot deny… It is for the Courts of this country to question the validity of this title, or to sustain one which is incompatible with it.” | |||
''' | |||
#Discovery: confers a right to acquisition by conquest | #Discovery: confers a right to acquisition by conquest | ||
##What justifies such a right? | ##What justifies such a right? | ||
