Page:The Indian Dispossessed.pdf/200

 than perpetual imprisonment in their own native land."

It may seem beyond belief that in the one hundred and third year of the declaration, "all men are created equal," it was necessary for a federal judge to determine at great length that every human being is a person, and as such entitled to a hearing in the courts, but pages of the decision are given to this phase of the case; even the dictionary is appealed to. The Judge says:

"Webster describes a 'person' as 'a living soul; a self-conscious being; a moral agent; especially a living human being; a man, woman, or child; an individual of the human race.' This is comprehensive enough, it would seem, to include even an Indian."

The Judge reviews the circumstances at the time of the arrest, and at considerable length leads up to his decision:

"To accomplish what would seem to be a desirable and laudable purpose, all who were able so to do went to work to earn a living. The Omaha Indians, who speak the same language, and with whom many of the Poncas have long since continued to intermarry, gave them employment and ground to cultivate so as to make them self-sustaining. And it was when at the Omaha reservation, and when thus employed, that they were arrested by order of the Government for the purpose of being taken back