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.
In 1872, Bernard Lariviere took unlicensed barrels of whiskey to the Indian village of Crookston, Minnesota, to trade with Native Americans under the assumption that the land belonged to the Chippewa tribe and was thus outside of the United States' jurisdiction,[1] and the federal government seized the barrels under the 1834 Nonintercourse Act.
Lariviere filed a lawsuit claiming that the United States government had no jurisdiction over Indian land.
[1] Writing for the Court, Justice Davis observed that the Treaty of Old Crossing, which ceded the land to the United States, stated that though Crookston was Indian land, legislation passed by Congress would apply in relation to the regulation of liquor being introduced to the area and that trading with the tribes implied consent to the United States legislation.
[1] He further wrote that the formation of the State of Minnesota did not ipso facto stop the land being "Indian Country", as Congress had the authority to determine what the boundaries of Native American land were and that Congress had extended the definition of "Indian Country" to the area in which the whiskey was seized as part of an area ceded under the Treaty but not a full Indian reservation.