Cherokee Tobacco case

Article abstract: This case, also known as Boudinot v. United States, established the “last-in-time” precedent—the concept that later statutes overrode earlier treaties—and the rule that tribes are “included” in congressional acts unless they are specifically “excluded.”

In the Cherokee Tobacco suit, two Cherokee nationals, Elias Cornelius Boudinot and Stand Watie, challenged the imposition of an 1868 federal tax law on their tobacco factory, which had been established in the Cherokee Nation under provisions of the Cherokee/U.S. Treaty of...

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