Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-01-03

the vacancy on the Supreme bench
occasioned by the death of Mr.. STAN
ton, there is growing impression
that the vacancy will be given to
Judge Strong, of Pennsylvania. 1t
is also stated that there is a new can
/ didate for the vacancy on the bench
Occasioned by Mr.. Stanton's death.
! This candidate is no other than the
Hon. David K. Cartier, now Judge of
/ the Supreme Court for this district.
Judge Cartier is believed 10 have had
some aspirations of this nature at the
time of the impeachment trial, and
had then a sure thing of it, in case
Mr.. Wade came into the Presidential
Office. The failure of the impeach-
ment put an end to this business for a
time. Cartier is very keen Radical
politician, and is backed by very
strong influence. His most active
friend is Ben Butler, who is said to be
getting up paper recommending him
after the fashion of that by which Mr..
StantOn's appointment was procured.
The opponents OF Judge Cartier urge
that Ohio has already two Supreme
Court Judges, Messrs. Chase and
Swayne.
1t is said that there is not the
slightest chance that Judge Hoar will
be more favorably dealt with when
the Senate cOnvenes again. The Re
publican opposition to him is not of a
nature to be cOnciliated, and though
some prominent Democrats would like
the opposition to him to be with
drawn, it is believed that the Demo-
cratic Senators cannot be induced to
change their votes so as to confirm
him. They are at present able to con-
firm and reject him, holding the bal
ance of power between the two Re
publican wings.
SEIZURE OF TOBACCO IN THE INDIAN
RESERVATION.
The recent seizure of a tobacco
mandatory in the Indian Reserva-
ton, near the Arkansas State line, by
order of Supervisor Mcdonald, for
evading the revenue laws, raises some
very nice questions for the lawyers.
Under the treaties made with the In
dian tribes. those territories are, in |
general terms, exempt from taxation, !
though the products of the various |
industries of the Indian Reservation |
are subject to the same taxation as is |
imposed where collection districts eX- |
list, when they find their way into the |
markets within the bOrders-Of any |
State. The 10th section of the act Of /
July Goth, 1868, says, in effect, that the |
revenue laws shall be construed to ex-
tend anywhere within the exterior
boundaries of the United States,
whether the same shall be within a
collection district or not. This section,
the Commissioner believes to mean,
that the revenue officers have a right |
to go into the Indian Reservations
and seize a mandatory wich is being
run to delraud the public revenues.
But here the Indian treaties step in
with a clause eXempting the products
of their industries from taxation. The
question then arises whether the
treaty-making power is superior to
the legislative power, or whether, in
other words, the Senate has the power
to make a treaty which rises above
the acts of the National Legislature
to the extent Of prohibiting the legally
authorized officers of the Government
from enforcing the national laws
within the boundaries of its own ter
ritories. The matter has been sub
mitted to a competent law officer, but
no conclusion has been reached as yet.