The Van Buren press., 1870-01-04
United Stases vs.. Bostick and Ryan.

CHURCHILL, resulting from seizure of
the Tobacco Factory. belonging to Col.
Tandy Walker a Choctaw Indian, located
in the Choctaw Nation. 1s.sH VI asss.fsiiiants
were in some way interested in the profits
of the Factory, and were arrested upon
information filed by direction OF Gene
raj Mcdonald, who sports the title Of
Supervisor of Internal Revenre for Ar
kansas, upon the ground that tobacco
had been manufactured and sold by these
defendants in the Mdian Counfry. The
proof developed peicc Of very dirty
work, wrought out by the contrivance
and direction ofthe aforesaid MCDoNALD
Some time ago certain Deputy Marshal
furnished money to an Indian to buy
whisky at Baretta's Saloon at Fort Smith,
and as soon as no and Mr.. Ingin took
their drink he, the Deputy, arrested Ba-
rct.a and his bar-keeper, When these
facts came to light every honorable man,
of all parties, in the community, was of
one mind in pronouncing it most out
rageous and dishonorablc act In the
case in hand, we are informed by the testi-
mony of a witness, that Mcdonald pro
cured and directed an under strappcr, by
the name ofGrisson, to go to the Factory
Of Walker and purchase a caddy of to-
bacco, and under a false pretence slip it
into Fort Smith, where the indomitablc
Revenue Don Quixotc, Mcdonald, was
in waiting, and instantly seized the cad
dy, but did not dream of any criminality
on the part Of Grisson. This may be
more reputable than giving the Indian
money to purchase whisky, but we can
not see it. However we must, at least,
coaclulc, that in the opinion of Melon
AID, manufacturing and selling in tie In
dian Country was not sufficient to consti-
tute an offence against the Revenue Law,
else, why have caddy smuggled into the
State' This prosecution is based upon
supposed violation of the Revenue Law
of the United States, imposing a tax on
distilled spirits and tobacco 1t is alleg.
ed that the manufacturing and selling oil
tobacco, in the Indian Country, is vio-
laton of this law That the l07 section
applies to tobacco manufactured in the
Indian Country the same as if manufac-
tured in the States and that members OF
the Choctaw or Chickasaw tribes are
amenablc, criminally, to the law and can
be arrested and tried by the authorities
Of the United States. This law imposes
Il tax and If il can be enforced against ar
ticlcs manufactured in the Indian Coun-
try by Indians residing there, and crimi-
nally against the Indians themselves,
what are we to understand by indians
not taxed Who are they? where is
their abiding place If one tax can be
collected, is there anything to prevent
the collection of another? Cannot the
United States with equal propricty, insist
upon the income tax-thc license taxes
to be paid by retail dealers, lawyers, ply
scians, &c If the revenue law of the
United States extended beyond the limits
of her territory, so do her other laws
The subject of the law docs not demand
this construction, neither does its proyis-
ions, Strong suspicious are aroused that
St Louis money has something to do
with the present proceedings. The fac
tories in the Indian Country have inter
fared to q great extent with the tobacco
trade from Missouri and it may be that
this move, unwarrantcd by law, was in
stigatcd and paid for by the parties in
teres;ed in Missouri. The suspicion may
be we'll founded, but of this we have no
opinion to express, but leave our readers
to Judge from the circumstances. Copies
of letters from Commissioner DELANo
himself were presented during the exam
nation delaring that the law did not cx
tend to the tobacco manufactured and
soh in the Indian Country. These par
ties profess to have other and different
from DELANo, but rgHse to
produce them, declaring that it would be
10 the public Setyicc Great
God. Are our rights to depend upon
laws concealed in the breast pocket Of
officials? 1t is bad enough
to have laws virtually enacted by heads
of Departments (for such constructions
as they claim Delano has made, is to all
mtents and purposes a new la~), but to
have these laws carried around and when
asked for, refused, because an understrap-
per thinks it prejudicial to the public
service" is worse than the penal laws Of
Caligula. For he published his bloody
laws, and il they were posted so high up
that they could not he read, some mi hit
climb up and find out their purport. Let
us ask, how can it prejudice " the public
service" for the people to know the laws
Are we to be made the victims of traps
and miserable conspiracies ? Whittier
LII "a hat ~.