Preview

international territory law

Good Essays
Open Document
Open Document
3830 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
international territory law
Johnson v. M’Intosh, 21 U.S. 543, 5 L.Ed. 681, 8 Wheat. 543 (1823)
JOHNSON and GRAHAM'S Lessee
WILLIAM M'INTOSH.
March 10, 1823

ERROR to the District Court of Illinois. This was an action of ejectment1 for lands in the State and District of Illinois, claimed by the plaintiffs under a purchase and conveyance from the Piankeshaw Indians, and by the defendant, under a grant from the United States. It came up on a case stated, upon which there was a judgment below for the defendant. The case stated set out the following facts: [facts omitted...]

March 10th.

Mr. Chief Justice MARSHALL delivered the opinion of the Court.

The plaintiffs in this cause claim the land, in their declaration mentioned, under two grants, purporting to be made, the first in 1773, and the last in 1775, by the chiefs of certain *572 Indian tribes, constituting the Illinois and the Piankeshaw nations; and the question is, whether this title can be recognised in the Courts of the United States?

The facts, as stated in the case agreed, show the authority of the chiefs who executed this conveyance, so far as it could be given by their own people; and likewise show, that the particular tribes for whom these chiefs acted were in rightful possession of the land they sold. The inquiry, therefore, is, in a great measure, confined to the power of Indians to give, and of private individuals to receive, a title which can be sustained in the Courts of this country.

As the right of society, to prescribe those rules by which property may be acquired and preserved is not, and cannot be drawn into question; as the title to lands, especially, is and must be admitted to depend entirely on the law of the nation in which they lie; it will be necessary, in pursuing this inquiry, to examine, not singly those principles of abstract justice, which the Creator of all things has impressed on the mind of his creature man, and

You May Also Find These Documents Helpful

  • Better Essays

    "And it is further stipulated that any male Indians, over eighteen years of age, of any band or tribe that is or who shall hereafter become a party to this treaty, who now is or shall hereafter become a resident or occupant of any reservation or territory no included in the tract of country designated…which is not mineral land, nor reserved by the United States for any special purposes other than Indian occupation … Shall be entitled to receive from the United States a patent" on the land (Eagle).…

    • 2074 Words
    • 9 Pages
    Better Essays
  • Good Essays

    The Marshall Trilogy

    • 478 Words
    • 2 Pages

    The situation involved a man named Thomas Johnson who purchased land from the Piankeshaw Indians and William M’Intosh who later attained a patent to the same land from the United States Patent Office. Marshalls Court was asked to settle the argument between the two men and agreed with William M’Intosh. Marshall stated that the Piankeshaw Indians did not actually own the land out-and-out, but that they had right to inhabit the land. Marshall determined that Native Americans could not sell or trade land to individuals and states do not have legal standing to settle indigenous land titles.…

    • 478 Words
    • 2 Pages
    Good Essays
  • Good Essays

    There are obvious differences between the de Vitoria's arguments and the 1950s U.S. Supreme Court decision. They collide with each other in their attitudes and approaches in dealing with Indians. After being assigned by the Spanish king to address the right of the Spanish in the New world, de Vitoria delivered the lecture entitle “On the Indians Lately Discovered” in 1532. In the lecture, he emphasized that the Indians had natural rights as land owners in managing their lands. He also noted that the Spanish Crown could not claim their ownership of the land they discovered unless there were no properties on the land. Besides, “the Spanish and other European nations used to secure the goodwill and consent of tribes” (Wilkins and Lomawaima, 28).…

    • 300 Words
    • 2 Pages
    Good Essays
  • Good Essays

    “There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property.”…

    • 3755 Words
    • 16 Pages
    Good Essays
  • Powerful Essays

    International law

    • 10301 Words
    • 29 Pages

    1. *Adjunct Professor of Law, Pepperdine University, Malibu, Cal. BA, University of California at San Diego; JD, University of Illinois; LLM, University of California at Berkeley; PhD Candidate (Politics and International Relations), University of Southern California. Email:Rudy.Baker{at}yahoo.com.…

    • 10301 Words
    • 29 Pages
    Powerful Essays
  • Satisfactory Essays

    International Law

    • 741 Words
    • 3 Pages

    International law has developed historically and philosophically over many centuries, in many cultures and a rudimentary system of international law existed even in ancient societies. Persons from even the most diverse historical cultures sought to relate to one another in a peaceful, predictable, and mutually beneficial way.…

    • 741 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Jurisdiction is the practical authority granted to a formally constituted legal body or to a political le adder to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility.…

    • 623 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    International Law

    • 6859 Words
    • 28 Pages

    CHAPTER- 2 CLASSIFICATION OF SOURCES OF INTERNATIONAL LAW 2.1. Classification of Sources of International law Source is found in the process by which it becomes identifiable as a rule of conduct with legal force and from which it derives legal validity. The various sources of international law are inferred from Article 38 of ICJ. Article 38 of ICJ states: The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply : A. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; B. international custom, as evidence of a general practice accepted as law; C. the general principles of law recognized by civilized nations; D. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto. Article 38 is the recognized complete statement of sources of law. It does not refer to sources directly. Sources mentioned in clause (a) are not a primary source. It is a source of rules of general application, although treatise may provide evidence of formation of custom. Source in clauses (b) & (c) are formal sources and (d) refers to material sources. However some jurists do regard the last clause as formal source.1 Article 38 lacks the hierarchy of the sources mentioned and is an incomplete list of sources. It is purely descriptive in nature.2 1. Primary & Secondary Sources: Primary sources in relation to international law are the ones which have been present before any codification of the same has taken place. They are laws which exist but are not legally binding. Public international law has three primary sources: international treaties, customs and general principles of law. For example, laws of…

    • 6859 Words
    • 28 Pages
    Powerful Essays
  • Powerful Essays

    International Law

    • 25047 Words
    • 101 Pages

    Chapter-1 DEFINITION AND CONCEPT OF INTERNATIONAL LAW 1. Definition: International Law or the law of Nations as it was called, have been given many definitions. The understanding and the definition changed with the development of time. Here is the small effort to carve out certain important definitions as given by certain very famous scholars of their times. Oppenheim “Law of Nations or International Law is the name for the body of customary and treaty rules which are considered as binding by the state in their intercourse with each other.” There are three main elements present in this definition— 1) Body of rules governing the relation between the states. 2) States regard them binding in their relation with each other. 3) Rules are derived from customs and Treaties. Criticism 1. This traditional definition of International law given by Oppenheim does not take into consideration International Organization and Institutions. 2. Individuals are also not recognized as the subject of International law. 3. Customs and Treaties are not the only sources of International law. There are other sources too. 4. International law is not static as given in this definition ( body of rules) as law is an ever changing concept. 5. MNC’s are also excluded from this definition.…

    • 25047 Words
    • 101 Pages
    Powerful Essays
  • Powerful Essays

    International Law

    • 2711 Words
    • 11 Pages

    Tension over the Senkaku/Diaoyu Islands’ dispute reached a new high when Japanese Prime Minister revealed plans to purchase the islands from private Japanese owners. The islands are hotly contested between Japan, Taiwan and China. For simplicity sake, this paper will disregard the political uncertainty between Taiwan and China, and consider Taiwan as a Chinese entity. Japan claims that those islands have been under Japanese sovereignty since 1895, when the islands were annexed into Japanese territory after finding them to be terra nullius. China claims to have acquired those islands through discovery and historical use since 1372, but ceded those islands to Japan in 1895 under the Treaty of Shimonoseki until the end of World War II, where it reclaimed possession of those islands. Through analysis of the respective claims under customary international law, this paper finds that Japan has a better claim to the islands.…

    • 2711 Words
    • 11 Pages
    Powerful Essays
  • Powerful Essays

    case digest 1

    • 1773 Words
    • 6 Pages

    The trial court found that the alleged donation by the deceased Simplicia Nepomuceno of the four parcels of land in question had not been duly proven, there being no written document to support it, and that therefore the said four parcels of land should be brought into collation. It also found that the alleged receipt by the plaintiff from his mother of P1,110 in cash and of P1,220 with which the plaintiff purchased the two…

    • 1773 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    International Law

    • 2034 Words
    • 9 Pages

    This report contains the proceedings during the set up of the agreement and the proceedings after the breach of contract between two parties: Trans Trust SPRL versus Danubian Trading co.…

    • 2034 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    International Law

    • 13291 Words
    • 54 Pages

    Law that deals with the conduct of States and international organizations, their relations with each other and, in certain circumstances, their relations with persons, natural or juridical (American Third Restatement).…

    • 13291 Words
    • 54 Pages
    Powerful Essays
  • Good Essays

    International Law

    • 1088 Words
    • 5 Pages

    The Corfu Channel Case (United Kingdom of Great Britain and Northern Ireland-Albania) arose from incidents that occurred on October 22nd, 1946, in the Corfu Strait: two British destroyers struck mines in Albanian waters and suffered damage, including serious loss of life. The United Kingdom first seized the Security Council of the United Nations which, by a Resolution of April 9th, 1947, recommended the two Governments to submit the dispute to the Court. The United Kingdom accordingly submitted an Application which, after an objection to its admissibility had been raised by Albania, was the subject of a Judgment, dated March 25th, 1948, in which the Court declared that it possessed jurisdiction. On the same day the two Parties concluded a Special Agreement asking the Court to give judgment on the following questions. Only one aspect of the first question – Is Albania responsible for the explosions? – is relevant for our purposes here.…

    • 1088 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    International Law

    • 1794 Words
    • 8 Pages

    For many years, Greece and Turkey have found themselves glaring uneasily at each other. Under the Aegean Sea between them, oil could be found. The question came up, “who owns it?” Both countries claimed the areas as being within their territorial waters. Billions of dollars were at stake. Wars have been started for less; and, the two countries have a long history of bitter hostility towards each other. Instead of reaching for their guns, however, the two countries reached for their lawyers. War was a last resort that neither country could afford. To resolve a situation such as this, countries hire international lawyers, appoint court law professors, measure their continental shelves, and haggle until issues get resolved. Much better than fighting, countries turn economic and political disputes into legal and technical disputes. In essence, they take some of the tension out of the situation. International Law (IL) may or may not eventually settle, in this case, which country has the undersea drilling rights. More important than the drilling rights issue is the fact that the two states wish to avoid war, and they find IL a convenient mechanism to do that. Some people, who dismiss IL as weak and ineffectual because it lacks the authority and sanctions of domestic law, fail to grasp its basic purpose.…

    • 1794 Words
    • 8 Pages
    Powerful Essays