New-York tribune., 1880-06-21
AZ IMPORIINr IENT CASE.

IN IMIOEIIGI ! IEHI tHNL.
One of the most important test cases ever
tried in American courts was begun the first OF
tins month in the United States Cont at
Omaha and Yankton. The Ponca Indians, as
plaintiffs, enter SUIT to recover their land and
| houses from the Sioux, to whom they were
| given by the Government Not Only is the title
OF the P0ncas to their homes from which they
have been 80 long baniShcd to 0r determined
| ly this sut, but 1t il 10 be marie the test case
by which the legal status of the Indian III this
country will be definitely settled. For this
purpose funds have been contributed by the
friends of the Indian in the East to push the
suit, if necessary. up to the Supreme Court Oi
the United States
The legal bearings of the case have probably
been forgotten by many readers. Thc POncd
tribe of Indians, not being nOmadlc in any
sense, lived upon territory which they claimed
had belonged to their fOrclalhcrS before the
whites came to the country. The United
States had also given them Il LEGAL title to ii
crrtain tract, formally "c,dmg and rrinqulSh-
" ing it for value received, ami 10y way OF re-
"wardng them for their constant tdrIty to
the G0ycmmcnt' The POncas, bring ciyIlIzch
and Chrsl1an5, built hons y, churches and
schools farmrd the land. accumulated hive
Stock agricultural implements, etc. Ten years
later by an oversight in the Department ut
Washington, this tract WIS mado over to the
Sioux No accusation OF any kind was ever
brought against the POncas they have never
from tine bcginning been at war with the
whites An order was issued To remove the
P0ncaS to the Indian Territory, and to sur
render their farms, houses, etc. to the Sioux.
Our readers are familiar with the story Of this
removal, the cruelty and brutal haste with
which these innocent people were wrCnchcd from
their homes compelled to leave their piful little
stores of goods behind, and driven to an M
broken Wilderness known throughout the West
az the MaaIious Brlt in which the Gov
ernmcnt agents would not even pasture Texan
CATTLE" rs they could not live thcrc.' The Paw
nccs settled in this belt had lost in two years
800 out of 2,37G; and the Chcycnncs had
lost Il fifth Of their number.
OF the POnclS numbering 100, $50 died in
the first year after removal. 81 here was one
"dead in every house." ] he chief gathered
thirty of his followers, and started to 90 back
to their homes. lie fed those Tint, persons
for twenty days on less than dollar Il day.
I hen they were utterly without food for two
days, but struggled on. The poor whIto squat
tiers gave them what thoy could, but it was
little enough. For ten weeks they pcrscVored
and reached their land at last The hOmrsick-
ness OF ihc Swiss is theme for poets ; hut what
do We say to the franllc craving for their
homes of these poor red men, carrying their
sick and children for more than a thousand miles
literally starving day by day, to reach the old
"pacc'l At Omaha they were arrested by
order of the Government, and the Ad of the
soldiers was called in to return them to the In
dian Territory. They were taken from the
custody of General Crook on writ of habcas
corpus. The Government, through its at
tomcy, G.. NJ. LlmbortOn, contested that IN
Indian, not being "person,' wAs not entitled
to the benefits Of the writ of habcas corpus
Judge Dundy decided ngaln3i this plea, and
the thirty Indians were released. 1he rest OF
tho tribe still remain iin the MalaIiOus Belt.
I he subject WAS thoroughly investigated last
Winter before Senator kirkwoOas committee,