ERROR to the District Court for the Western District of Arkansas; the case involving, first, the question of the intention of Congress, and, second, assuming the intention to exist, the question of its power, to tax certain tobacco in the territory of the Cherokee nation, in the face of a prior treaty between that nation and the United States, that such tobacco should be exempt from taxation.

The case was elaborately argued orally or on briefs, by Messrs, E. C. Boudinot, A. Pike, R. W. Johnson, and B. F. Butler, for the claimants; and by Mr. Akerman, Attorney-General, and Mr. Bristow, Solicitor-General, for the United States.

Mr. Justice SWAYNE stated the case and delivered the opinion of the court.