Cherokee Tobacco’s Empirical Analysis
78 U.S. 616 · 1870
Citation profile
57 federal appellate · 38 district · 18 state decisions
How this case has been cited
Cited by 239 later decisions (49 by the Supreme Court) — most recently June 2023 · most notably Brown v. Walker (1896), Reid v. Covert (1957)
57 federal appellate · 38 district · 18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Wolff v. Koppel
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 239 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A treaty is primarily a compact between independent nations. It depends for the enforcement of its provisions on the interest and the honor of the governments which are parties to it. If these fail, its infraction becomes the subject of international negotiations and reclamations, so far as the injured party chooses to seek, redress, which may in the end be enforced by actual war. It is obvious that with all this the judicial courts have nothing to do and can give no redress. But a treaty may also contain provisions which confer certain rights upon the citizens or subjects of one of the nations residing in the territorial limits of the other, which partake of the nature of municipal law, and which are capable of enforcement as between private parties in the courts of the cou'ntfy. An illustration of this character is found in treaties, which regulate the mutual rights of citizens and subjects of the contracting nations in regard to rights, of property by descent or inheritance, when the individuals concerned are aliens. The Constitution of the United States places such provisions as these in the same' category as other laws of Congress by its declaration that ‘this Constitution and the laws made in pursuance thereof, and all treaties made or which shall be made under authority of the United States, shall be the supreme law of the land.’ A treaty, then, is a law of the land, as an act of Congress is, whenever its provisions prescribe a rule by which the rights of the private ”
5 later decisions quote this exact passage · from the majority“[Ejvery Cherokee Indian and freed person residing in the Cherokee nation shall have the right to sell any products of his farm ... or any merchandise or manufactured product ... without restraint, paying any taxes thereon which is now or may be levied by the United States in the quantity sold outside of the Indian territory.”
2 later decisions quote this exact passage · from the majority“The internal revenue laws imposing taxes on distilled spirits, fermented liquors, tobacco, snuff, and cigars, shall be construed to extend to such articles produced anywhere within the exterior boundaries of the United States, whether the same shall be within a collection district or not.”
1 later decision quote this exact passage · from the majoritye.g. Gouveia v. Vokes
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.