Elias Cornelius Boudinot

  • Born: August 1, 1835
  • Birthplace: Near Rome, Georgia
  • Died: September 27, 1890
  • Place of death: Unknown

Category: Businessman, lawyer

Tribal affiliation: Cherokee

Significance: Boudinot, a lawyer and tobacco factory owner, was involved in a Supreme Court case with far-reaching implications

The son of Elias Boudinot, one of the signers of the Treaty of New Echota, Elias Cornelius Boudinot was one of the first relocated Cherokees to realize the possibility of great profits in Indian Territory. As a young man, Boudinot worked briefly as an engineer, but he soon changed careers. Settling in Arkansas, he studied law and was admitted to the bar in 1856. He also worked as a journalist, writing editorials for newspapers in Arkansas. During the Civil War, he served in the Confederate Army.

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The Treaty of 1866 between the U.S. government and the Cherokees allowed manufacturing and merchandising to proceed on Cherokee land without excise tax being levied by the U.S. government. In the late 1860’s, Boudinot and his uncle, Stand Watie, created the Watie and Boudinot Tobacco Company. They found that the cost of manufacturing chewing tobacco was forty-three cents per pound. Competing firms’ product, after federal excise taxes were added, sold at seventy-five cents per pound. Boudinot quickly realized that he could sell his product at a significantly lower price. He used his profits to stake out extensive land claims of his own.

On December 20, 1869, however, U.S. marshals seized the Watie and Boudinot Tobacco Company after competitors claimed that the company had an unfair advantage. The case came before the U.S. Supreme Court, which ruled in 1871 that an act of Congress can supersede any treaty previously entered into and that the Watie and Boudinot Tobacco Company could be held post facto for unpaid excise taxes. This court decision ended one of the few economic advantages held by the Cherokees.

In the years after the case, Boudinot was a controversial figure, disliked by many Cherokees, as he advocated dividing Indian lands into individual allotments. He continued to farm and practice law in Indian Territory into the 1880’s.