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 be removed to the Indian Territory by force, and kept there in the same way, I can see no good reason why they might not be taken and kept by force in the penitentiary at Lincoln, or Leavenworth, or Jefferson City, or any other place which the commander of the forces might, in his judgment, see proper to designate. I cannot think that any such arbitrary authority exists in this country.

"The reasoning advanced in support of my views leads me to conclude:

"First. That an Indian is a 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 violation 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 authority of the United States, and in violation of the laws thereof.

"Third. That no rightful authority exists for removing by force any of the relators 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