The Van Buren press., 1870-01-11
To the Cherokee People.

| the Cherekess, and gross violation of the
guarantees oftreaties with the United States
has recently been pcrpetntedby direction OF
certain parties protesting 10 n,t by authority
and instructions Of the L. ). Government
In the relation Of this matter shall be ~
brief as possible
About two wears ago, | a Cherokee indian
established Factory for the manufacture o!
Tobacco In the Cherokee Nation: saw that
many thousand dollars worth of tobacco rnadc
Ia Mo-. was sold in the Indian Country fof
twice the amount that It conld be manufact-
ured and sold II made IN the Indian Country
established my factory and utterly dcmol-
ished the monopoly of the Missouri manufac-
tnres. had right to do this for the L. >.
Government has no power TO tax Indians in
the Indian Country; and even II ii had, it Is
estopped b, the 10Th Article OF the Cherokee
treaty OF 1866 which reads as follows:
Every Cherokee aud frsod-person resident
In the Cherokee Nation shall have the right
to sell any products OF bis farm, including MS
or her live stock, or any merchandise or man
ufactured products. and to ship and drive the
same to market without restraint paying a
the United States, on the quantity sold out
side OF the Indian Territory"
On this provision OF tic treaty, | might
rest In security; for am a Cherokee and a
resident OF the Cherokee Natien, and by the
express words Of the treaty hayc the right to
ship my Manufactured tobacco TO market
without restraint, paying such tax only as
may be required on the quantity sold outside
Of the Indian territory; this, have always
done, and am always really to do; no charge
is made that have ever failed to do this.
My right to sell in the Indian Country,
without paying tax, never was questioned
until two weeks ago. contended, that un-
der the treaty, the Government could not re-
qulre me TO stamp my tobacco before It left
my Factory, and after presenting this ques-
ton TO tho Commissioner o! Internal l'eve-
nue., received the following rs the views oi
that Bureau, dated February 23d, 1863
To which reply that: The precise Ian
guage OF articlcl0lofthetrcaty Of August 9th
1866. between the United States and the Cher
okcc Indian is as follows: Every Cherokee
and free person resident In the Cherokee Ma
tion shall have the right to sell any products
ofhis farm, including his or her live stock, OF
any merchandise, or manufactured products
and to ship and drive the same 10 market
without rcstraintby paying any tax thereon
which Is now or may be levied BY the United
States on the quantity sold outside OF the In
dian Territory" u.r.
in former spondcncc between this Of
nee and yourself upon similar subject, at
tcntion was directed only to the provisions OF
section l07 of the act of July 2bth, 1865, i'm
posing n tax on manufactured tobacco, pro-
duccd any where within the interior bounda-
rics of the United states whether the same
shall be within any collection district or not.
Ii was then held by this Office that notwith-
standing tho language of said section, the tax
could not be collected upon tobacco manufac-
turcd in the Indian country. so long as II re-
mained in said country. but upon its being
brought within any collection district Of the
United States, 1t would be liable to seizure
and forfeiture unless il should be properly
stamped, thus indicating that the tax impos-
ed by law had been paid
At that time attention was not called to the
provision of the treaty above referred to. The
construction of the statute, then adopted.
seems TO be in conflict with the provision of
the treaty. lnasmuch as the treaty is the
paramount law, the statute, where In conflict
must give way to it. ..a. #......
Although the treaty provides that every
Cherokee and free person resident In the
Cherokee Nation. shall have the right TO sell
any product OF his farm. including any mcr-
chandisc or manufactured products, and to
ship tho same to market without restraint by
paving any tax thereon which Is or may be
levied by the United states, Ii Is nevertheless
propcr and reasonable that the government
ofthe United States should adopt necessary
PRECAUTIONS TO secure the tax imposed upon
The quantity sold, outside Of the territory OF
the Indian Nation.
To this end you will bc permitted to ship
your manufactured tobacco to the places in
Scott In Kansas Fort Smith, Fay ettevillc and
Bcntonvillc in Arkansas. and to Kansas City,
Carthage and Neosho in Missouri. provided
that the packages indicate by sufficient marks
the place of manufacture the name Of the
manufacturer and be shipped to the care OF
the collector of the district, In which the
place of destination is situated the tobacco
upon. arrival TO go into and remain In the
cNstody of the collector of said district. until
the tax thereon is paid and provided further,
that timely notice Is given such collector Of
the shipment Of such tobacco. the notice in
dlcating the quantity and description shipped,
when shipped. and when its arrival may be
expected, and the same must be shipped by
the most direct routes.
The observance of these provisions will
probably save you annoyance aud secure to
the government its fights
Comics ofthiS letter will be sent TO the re-
spertiyc collectors Of the districts Of Kansas,
the 81 district of Arkansas,and the 9th district
Of Missouri for this guidance.
Very Respectfully,
JOHN +. RlSLEY,