Daily globe., 1879-04-10
AN IMPORTANT CASE.

States court at Omaha. It is singular be-
cause unprecedented, and important because
on its decision will depend to considerable |
extent the future control of the Indians. |
On application of an attorney of the city |
named, Judge Dundy granted writ of
habeas corpus directed to Brigadier General
Crook, commanding him to show cause why
he held the Ponca Indians prisoners at
Fort Omaha. These Indians were arrested
under order from washington to be returned
to the Indian Territory, whence they fled to
save their lives on account of sickness.
They were at work on Omaha agency farm
ing, and say they don't want to live on the
government, but desire to support them
selves. The suit was suggested by Standing
Bears declaration, 81 was arrested when I
had hold of the plow handles, held pris-
oner, and l never committed crime"
Leading lawyers of the State have volun-
teered their services for tho Indians, and
declare that they have an excellent case, and
will no doubt be set at liberty.
The policy of our government towards the
Indians is open to many objections. We
have treated them with extreme severity,
visiting the direst punishment upon them
for the slightest transgressions. The Indians
who, through lack of food have been driven
from their reservations, have been hunted
down like wild beasts, and shot and bayonet-
ed on sight. Those who have refused to leave
the country where they had passed their lives
in content and happiness, for country
/ where the climate was destructive to their
health, and the means of subsistence made
| quate, have been placed in irons and con-
veyed thither, and threatened with death in
case they should attempt to return. Tribe
after tribe has been successively exterminated
by this process. What the. bullet left un-
done, disease completed.
The case in question is one of peculiar
hardship. The Poncas have been noted for
their friendliness to the whites for many
years, and only the most wanton of out
RACES have been sufficient to provoke them
to retaliation. They have rendered
our troops valuable services against
various hostile tribes, and have shown com.
nnendable disposition to adopt The habits ot
civilized life and settle down to agricultural
pursuits. They we're ordered to repair to the
Indian territory and there remain. They
protested against it, but we're conveyed tt
their destination by the military. The sec
ton set apart for their residence was found
to be exceedingly unhealthy, and the people
died by the hundreds. remnant only O.
once powerful tribe remained, and these
seeing nothing but death before them if the,
stayed where they were, left their reservation
and returned to their old haunts, where the.
at once resumed the peaceful occupation
they had left. They we're, however, pursued
many of them killed, and the remainder ar
rested and imprisoned. To ascertain whethe
Indians have any right 10 the protection Q
the laws is the object of the pending pro
ceedings. The result will be watched witt
interest.
It may turn out that another question ma
be involved in the trial of this cause-tha
of the relative jurisdictions of the civil an
the military power. Gen. Crook has tele
graphed to Washington for instructions, an
if the war department. should, as it may, i1
struct him to pay no attention to the wri
5 the issue would be raised at once. Whethe
or not tho civil courts have jurisdiction ovt
prisoners held by military process is que
, tion that has never yet been decided b
competent authority. It seems likely th'
this question will come up and be final
= settled. It is to be hoped that it will,
any rate, for it can be heard and decided
. this time without creating the exciteme1
- and ill feeling that would inevitably arise
g more disturbed condition of the publ
- mind. Judge Dundy, we have no dout
= will give the case an impartial hearing, a,
render decision in strict conformity wi
= the law.