United States v. Forty-Three Gallons of Whiskey

United States v. Forty-Three Gallons of Whiskey
Decided May 7, 1883
Full case nameUnited States v. Forty-Three Gallons of Whisky
Citations108 U.S. 491 (more)
2 S. Ct. 906; 27 L. Ed. 803; 1883 U.S. LEXIS 1058
Holding
Seizure of alcohol bound for Indian territory is legal as treaties take precedence over state law pursuant to the Supremacy Clause
Court membership
Chief Justice
Morrison Waite
Associate Justices
Samuel F. Miller · Stephen J. Field
Joseph P. Bradley · John M. Harlan
William B. Woods · Stanley Matthews
Horace Gray · Samuel Blatchford
Case opinion
MajorityField, joined by unanimous
Laws applied
U.S. Const. Art. VI, Clause 2
Nonintercourse Act of 1834

United States v. Forty-Three Gallons of Whiskey, 108 U.S. 491 (1883), is a United States Supreme Court case in which the Court held that Congress has the power to regulate the possession and sale of liquor in the lands of and near Native American tribes and upheld an order to seize barrels containing forty-three gallons of whiskey that were being traded on Native American land.[1]

The form of the styling of the case in which the defendant being an object, rather than a legal person, is caused by it being a jurisdiction in rem (power over objects) case, rather than the more familiar in personam (over persons) case.

  1. ^ , 108 U.S. 491 (1876).

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