Can Native American tribes legally sell or transfer tribal lands to private parties without federal government approval?

Johnson and Graham's lessee claimed ownership of land based on grants from Native American chiefs in 1773 and 1775. William M'Intosh asserted ownership of the same land through a grant from the United States government. The disputed property was situated within Virginia's chartered boundaries and was subsequently ceded to the United States. The conflict arose from competing claims to the land, with one party deriving title from Native American tribes and the other from the U.S. government.

The case centered on determining the validity of these conflicting land claims and which source of title would be recognized as legally superior. The dispute required the court to address the complex issues of land rights, the legal status of Native American land transfers, and the authority of the U.S. government in granting land titles within its territories.

The plaintiffs initially brought their case before the District Court of Illinois. The District Court ruled against the plaintiffs. Following this adverse decision, the plaintiffs appealed the ruling to the Supreme Court of the United States, which agreed to hear the case.

(Marshall, J.)

No. Native American tribes cannot legally sell or transfer tribal lands to private parties without federal government approval. The doctrine of discovery grants European nations, and subsequently the United States, an absolute right to New World lands. This principle establishes that Native Americans possess only a right of occupancy on their lands, not full title and ownership. The exclusive right to extinguish Indian title of occupancy, whether through purchase or conquest, rests solely with the United States as the successor to the British Crown. This exclusive right stems from the long-standing practice of treating Native American tribes as dependent nations, incapable of transferring absolute title without sovereign consent. The relationship between the federal government and Native American tribes is characterized by a trust responsibility, where the government acts as a guardian protecting tribal interests. This guardianship role necessitates federal oversight and approval in land transactions involving tribal territories. The restriction on direct sales to private parties serves to prevent exploitation and ensure that tribal land transfers align with federal Indian policy and the broader public interest. Furthermore, this limitation on tribal land alienation is rooted in the constitutional authority granted to Congress to regulate commerce with Indian tribes. By maintaining control over land transactions, the federal government upholds its fiduciary duty to Native American tribes and preserves its plenary power over Indian affairs. This legal framework, established through historical precedent and reinforced by subsequent legislation and court decisions, firmly places the authority to approve any transfer or sale of tribal lands within the purview of the federal government.