Page:A Century of Dishonor.pdf/385

Rh courts for such an outrage as this. An Indian has no legal status. He is merely a live and particularly troublesome animal, in the eye of the law. But, while the Poncas were trying to get back on their lands, they were arrested by order of the Secretary of the Interior, on the charge of running away from the agency to which they had been sent by the Government when their lands were taken from them. It is not necessary to add words to intensify this accumulation of criminal folly and wrong. Certain citizens of Nebraska, hearing of the injustice which was being perpetrated on the Poncas, raised funds, and had the chiefs brought before United States District Judge Dundy on a writ of habeas corpus, to inquire why they were thus restrained of their liberty. Judge Dundy decided that an Indian was ‘a person’ within the meaning of the Habeas Corpus Act, and that these persons were unlawfully held in duress.

“It was thought that the United States would appeal from this dictum, but no appeal was taken, much to the disappointment of the friends of the Indians, as it was hoped that a decision could be reached to show whether the Indian was or was not so far clothed with the privilege of a citizen that he could have a standing in the courts of law. Accordingly, the public-spirited and philanthropic persons who had espoused the cause of the Poncas resolved to make up a case, which, carried to the United States Supreme Court, should determine once and forever this moot point. To this end money has been raised by subscription, by special gift, and by contributions taken at public meetings in various parts of the country. A lady residing in Boston, moved by the pitiful condition of the Indians, who tried to struggle toward civilization, offered to supply all the money which was lacking toward the expenses of the suit, provided Secretary Schurz would give some public assurances that he favored this manner of determining the case, or would give his reasons against this attempt. The lady's proposition was sent to Mrs. Helen Hunt Jackson, whose disinterested and efficient labors in behalf of the deeply-wronged Poncas had already attracted attention. Mrs. Jackson forwarded to Secretary Schurz the whole statement. Thereupon an interesting correspondence ensued. This correspondence has been printed in the Boston papers, presumably by direction of Secretary Schurz.

“In reply to the request to say whether he approves of the movement to carry the Ponca case to the Supreme Court, in order that the tribe may recover their old reservation, the Secretary