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Fletcher v. Peck : ウィキペディア英語版 | Fletcher v. Peck
''Fletcher v. Peck'', , is a landmark United States Supreme Court decision. The first case in which the Supreme Court ruled a state law unconstitutional, the decision also helped create a growing precedent for the sanctity of legal contracts, and hinted that Native Americans did not hold title to their own lands (an idea fully realized in ''Johnson v. M'Intosh''). ==Yazoo lands sales== Following the Treaty of Paris ending the American Revolution, Georgia claimed possession of the Yazoo lands, a region of the Indian Reserve west of its own territory. This land later became the states of Alabama and Mississippi. In 1795, the Georgia legislature divided the area into four tracts. The state then sold the tracts to four separate land development companies for a modest total price of $500,000, i.e. about 1.4 cents per acre ($3.46/km2), a good deal even at 1790s prices. The Georgia legislature overwhelmingly approved this land grant, known as the Yazoo Land Act of 1795. However, it was revealed that the Yazoo Land Act had been approved in return for bribes; after the scandal was exposed, voters rejected most of the incumbents in the next election, and the new legislature, reacting to the public outcry, repealed the law and voided transactions made under it. Robert Fletcher, and especially John Peck, were speculators in the Yazoo lands. Fletcher bought a tract of land from Peck while the 1795 act was still in force. Fletcher later (1803) brought this suit against Peck, claiming that Peck had not had clear title to the land when he sold it. Interestingly, this was a case of collusion. Both Fletcher's and Peck's land holdings would be secured if the Supreme Court decided that Indians did not hold original title—and so Fletcher set out to lose the case.〔Stuart Banner, ''How the Indians Lost Their Land: Law and Power on the Frontier'' (Cambridge: Harvard, 2005), 171–172.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Fletcher v. Peck」の詳細全文を読む
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