66 THE GEORGE CATLIN INDIAN GALLERY. ' 



In 1877 the Indian Department insisted upon removing the Poncas 

 to Indian Territory from Dakota without their consent. Being civilized 

 they objected to giving up their property without being paid for it, and 

 further objected to being placed in contact with wild Indians in Indian 

 Territory. They were removed, however. Afterwards some 30 of them 

 returned and settled on the Omaha Reservation in Nebraska. Standing 

 Bear was one of these. He was arrested by order of the Interior De- 

 partment, to be returned to Indian Territory. Popular sentiment was 

 aroused, mass meetings were held in the East, denouncing this proceed- 

 ing and appealing for justice to these Indians. Standing Bear applied 

 for a writ of habeas corpus to the United States district court at Omaha, 

 Nebr., for release from the custody of the military and the Interior De- 

 partment, having been arrested and being about to be carried back to 

 the Indian Territory. 



The writ was issued by Judge Elmer S. Dundy, of the United States 

 district court for Nebraska, and the return to it was heard at Omaha on 

 April 30, 1871). 



The Interior Department and the United States appeared by the 

 United States district attorney, who made an argument five and a half 

 hours long to prove that an Indian was not a man — or a person, in 

 American law. Standing Bear appeared by Hon. J. L. Webster and 

 Hon. A. J. Poppleton. Standing Bear testified in his own behalf, and 

 addressed the court. The court-room was crowded with a distinguished 

 audience of spectators. He claimed that he was a man, although 

 God had made his skin of a different hue. The audience were aroused 

 to a pitch of excitement by his eloquence, which resulted in cheer after 

 cheer when he sat down. 



Judge Dundy rendered his decision, in which he sustained the writ, 

 discharging Standing Bear and the Poncas from custody, and decid- 

 ing- 

 First. That an Indian is a person within the meaning of the laws of the United 

 States, and has therefore the right to sue out a writ of habeas corpus in a Federal court 

 or before a Federal judge in all cases where he may be confined or in custody under 

 color of authority of the United States, or where he is restrained of liberty in viola- 

 tion of the Constitution or laws of the United States. 



Second. That General George Crook, the respondent, being the commander of the 

 military department of the Platte, has the custody of the relators under color of au- 

 thority of the United States, and in violation of the laws thereof. 



Third. That no rightful authority exists for removing by force any of the relat- 

 ors to the Indian Territory, as the respondent has been directed to do. 



Fourth. That the Indians possess the inherent right of expatriation as well as the 

 more fortunate white race, and have the inalienable right to " life, liberty, and the 

 pursuit of happiness," so long as they obey the laws and do not trespass on forbidden 

 ground. And 



Fifth. Being restrained of liberty under color of authority of the United States, 

 and in violation of the laws thereof, the relators must be discharged from custody, 

 and it is so ordered. 



Standing Bear was shortly after discharged, 



