The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1879-05-14
INDIANS FREED.
PoNcA INDIANS RELEASED.
Peaceable Indians Have Rights which
Schurz and Hayt are bound to res
pect-Better Outlook for the
Race-An Able Decision.

Omaha, May 13.-This morning,
Judge Dundy, of the United States dis
trict court, delivered his opinion in the
now celebrated Ponca Indian habeas
corpus case, which was brought in be-
half Of Standing Bear and his party of
about twenty-five Indians, who return
ed from Indian Territory, to Nebraska,
and were arrested by the military at
the Omaha reservation and brought to
Fort Omaha, under the orders Of the
government, that they were to be taken
back to Indian Territory. Numerous
important questions were involved in
it, and it is the only case on record of
an Indian sueing out a writ Of habeas
corpus in a federal court.
In reviewing the case, his honor said
that during his fifteen years of judge
ship, he had never been called on to de-
eide a case which excited so much
sympathy in his heart. On the one side
was the poor Indian asking for his lib
erty, and on the other side a Christian
nation trying to send him back to the
Indian Territory. But the case had to
be decided on law, and not sympathy.
After discussing various questions
which have arisen, he summed up his
decision as follows:
An Indian is a person within the
meaning of the habeas corpus act, and
as such is entitled to sue out a writ of
habeas corpus in federal courts, when
it is shown that a petitioner is deprived
of liberty under color of authority of
the United States, or is in custody of
an officer in violation of the constitu-
ton, or law of the United States, or in
violation of the treaty made in pursu-
ance thereof.
The right Of repatriation is a natu-
raj, inherent and inalienable right, and
extends to the Indian as well as to the
more fortunate white race.
The commissioner of Indian affairs
has ample authority for removing from
the Indian reservation, all persons
found thereon without the authority of
the law, or whose presence may be det-
rimental to the peace and welfare of
the Indians. The military power of
the government may be employed to
effect such removal. But when the
removal is effected, it is the duty of the
troops to convey the persons so removed
| by the most convenient and safe route
to the civil authorities of some judicial
district in which the offense may have
been committed to be proceeded against
in due course of law. In the time Of
peace no authority, civil or military,
exists for transporting Indians from
n section of country to another, with
out the consent of the Indians; nor to
confine them on any particular reserva-
ton against their will, and where off,
GERS of the government attempt to do
this and arrest and hold Indians who
are at peace with the government, for
the purpose of holding them to and
combining them ON their reservation in
1.-THE Indian Territory, they will be re-
leased on habeas corpus.
Being restrained of their liberty, I'M
der color of the authority Of the United
States and in violation of the laws
thereof, the REALTORS must be discharg-
ed from custody, and it is so ordered.
Standing Bear and his wife, Susette,
and two or three other Indians, who
were present, and when informed of the
result, were overcome with joy, and
left the court room amid the c%ongratu-
lations of numerous sympathizers.