Standing Bear v. Crook
The Ponca
paramount chief White Goose, Standing Bear, and other Ponca leaders met with U.S.
Indian Agent A. J. Carrier and signed a document allowing removal to Indian Territory (present-day
Oklahoma). White Eagle and other Ponca leaders later claimed that because of a mistranslation, he had understood that they were to move to the
Omaha Reservation, not to the Indian Territory. In February 1877, ten Ponca chiefs, including Standing Bear, accompanied Inspector Edward C. Kemble to
Indian Territory to view several tracts of land. After viewing lands on the
Osage Reservation and the
Kaw Reservation, the chiefs were unhappy with what they were shown, and asked to return home without looking at the
Quapaw Reservation. Angry at what he called the Ponca chiefs' "insubordination", Kemble refused to take them home until they had viewed all the land. Instead, eight of the chiefs decided to return home on foot. Kemble visited the Quapaw Reservation and selected it as the removal destination. In April, Kemble headed south to the Quapaw Reservation near present-day
Peoria, Oklahoma, with those Ponca willing to leave. In May, the remainder of the tribe was forced to move, including Standing Bear and his family. The Ponca arrived in Oklahoma too late to plant crops that year, and the government failed to provide them with the farming equipment it had promised as part of the deal. In 1878 they moved west to the
Salt Fork of the Arkansas River, south of present-day
Ponca City, Oklahoma. By spring, nearly a third of the tribe had died due to
starvation,
malaria, and related causes. Standing Bear's eldest son, Bear Shield, was among the dead. Standing Bear had promised to bury him in the Niobrara River valley homeland, so he left to travel north with about 30 followers. When they reached the
Omaha Reservation in Nebraska, they were welcomed as relatives. Word of their arrival in Nebraska soon reached the government. Under orders from the Secretary of the Interior,
Carl Schurz, who also directed the
Bureau of Indian Affairs, Brigadier General
George Crook had the Ponca arrested for having left the reservation in Indian Territory. The army took Standing Bear and the others to
Fort Omaha, where they were detained. Although the official orders were to return them immediately to Indian Territory, Crook was sympathetic to the Ponca and appalled to learn of the conditions they had left. He delayed their return so the Ponca could rest, regain their health, and seek legal redress. Crook told the Ponca story to
Thomas Tibbles, an outspoken advocate of Native American rights (who had once served under
John Brown). Tibbles, an editor of the
Omaha Daily Herald, publicized the Poncas' story widely. Omaha attorney
John Lee Webster offered his services
pro bono and was joined by
Andrew J. Poppleton, chief attorney of the
Union Pacific Railroad. They aided Standing Bear, who in April 1879 sued for a writ of
habeas corpus in
U.S. District Court in
Omaha, Nebraska. Acting as interpreter for Standing Bear was
Susette LaFlesche, an accomplished and educated bilingual Omaha of mixed-race background. The case is called
United States ex rel. Standing Bear v. Crook. General Crook was named as the formal defendant because he was holding the Ponca under
color of law. As the trial drew to a close, the judge announced that Chief Standing Bear would be allowed to make a speech in his own behalf. Raising his right hand, Standing Bear proceeded to speak. Among his words were, "That hand is not the color of yours, but if I prick it, the blood will flow, and I shall feel pain," said Standing Bear. "The blood is of the same color as yours. God made me, and I am a Man." On May 12, 1879, Judge
Elmer S. Dundy ruled that "an Indian is a person" within the meaning of
habeas corpus. He stated that the federal government had failed to show a basis under law for the Poncas' arrest and captivity. It was a landmark case, recognizing that an Indian is a "person" under the law and entitled to its rights and protection. "The right of expatriation is a natural, inherent and inalienable right and extends to the Indian as well as to the more fortunate white race," the judge concluded. Years later, blind and in failing health, the attorney Poppleton reflected on his final court plea for Standing Bear: "I cannot recall any two hours' work of my life with which I feel better satisfied." The army immediately freed Standing Bear and his followers. He went to Poppleton's residence and presented him with what was described as a "magnificent headdress." Standing Bear was quoted as saying, "If I had to pay you I could never get enough to do it." The case gained the attention of the
Hayes administration, which provided authority for Standing Bear and some of the tribe to return permanently to the
Niobrara valley in Nebraska. == Lecture tour ==