Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-05-26

Every tnerukeo ana ifeel pefuOn fl1efit m the
dats Of his iarn iaoladina h1 Or her live stoak %
sSp 1Sd dSSe SO same . nsSfsi IitSoat SssiTSia
paying any tar thereon which q now may he levbd
he Indian tsrritoFy." = '.T' .1IH'T
On the other side, II was claimed that Col.
Boudinot was actually a citizen Of the State
Of Arkansas, and not legally a member OF the
Cherokee natloni that these several tobacco
establishments were extensively engaged in
the manufacture Of tobacco from the leaf and
raw material nTeiAaed in Missouri, Kentucky
and other Statcs, that tho factories were
chiefly owned and carried on By citizens Of
tho United State ip Tho uames Of CherOkees
as q cloak; thai the object and motive for
their establishment Just over the State line In
the Indian country was 10 eyade the revenue
laws; that the chief part OF their tobacco was
under disguise smuggled Into the States, and
was supplying the market 10 n CONSIDERABLE
extent, without paying taxes, 10 the great
damage OF tho Legitimate tax-paying manu-
faeturcr and merchant, and that the iucilitles
for evasion of the taxes, afforded by these
factories along the boundaries Of the Indian
country three or four hundred miles In length
on which sentlnels could not be stationed and
kept were so great that no vigilance on the
part Of the revenue officers cOuldguard against
them. And II was claimed that Congress In
the enactment Of the revenue law OF July 20,
1865, made provision TO guard against thIs
anticipated evil, In sec lO7, which isas follows
I'D = aysTlsr s-aolsd nat he internal ruyssus
iGaorS tS6ssco' SNUFF and CIGAR sKaii bS INA ai,S
construed 70 extend % such Articles produced any,
s "Ssih ne !s%S .Ss Ss sii6u n so SSIsS
district or noLr T..EI. Z. -"- go
Il appears that the opinions Of the several
commissioner, held by Colonel BOudinot, 20
the effect that tho roFc0ne laws NOuld not be
extended into the Indian country, were GIa-
officially obtained ON tho. sellnitatl9n Of his
counsel at Washington, and bcfDnc u became
known that the object and effect OF these fac
toTios were " Afford the means for evasi0ns
81 the taxes and when under the mistaken
IMPRESSION that the Jurisdiction and process
Qt the United States courts In tho Western
district OF Arkansas had not been extended
over The Indian country
Qn this state oi facts, Judge I, W. Barley.
who qosod mo argument On behalf Of dc
Department. made the following points,
HI. That the object and mRnile1t Infant a.,
he tontfl hfticle Of the treaty, n II had INV
operation as an exemption from taxntinn ~
an, was simply 10 encourage Indians In thsIr
agricultural phrtuita, By M exemption Of the
products % their farms Including their live
disc and manufactured aiticlca - Incidental
10 tlelr agricultural business; hnditlia h was
not In the Contemplation 81 tlIe TREATY., thar
the Indians were about either 10 engage IL
the mercantile business on large scala " ~
extensive manufacturers Of matefias gaihon
nun other parts Of the World. ia
q That the provisions III q treaty. tnuohInR
any Of the subines VI theenhnlefa d j ielIisli-
i've powers OF Congress ARE Habld 10 bA re-
peAled az abrogatad by a suhAaIhcnt law Of
he untsd States hat the eonstilutionai
.Jsl.,.lt7 power 81 Congress cannot he
that "the power VI iay and teiieeY ia,v,eesN
delegah1d BY tao G0Aitihltlon, i6,ust remalu
Peiisss Apgi plq lHpllnlAAsa y GangrOas al every
90 alal a. fr go .atrF-rr saaaIH.I H.f...aFr.I