Standing Bear v. Crook
Standing Bear v. Crook is a significant legal case from 1879 that highlights the struggles of the Ponca tribe after their forced removal from their ancestral lands. Originally guaranteed a reservation in Nebraska, the Poncas were relocated to Indian Territory (present-day Oklahoma) without their consent, leading to dire consequences, including many deaths during the journey. In a bid to return home, Chief Standing Bear and a group of followers were arrested by federal troops. Their situation drew national attention, prompting prominent lawyers to intervene on their behalf. The case reached the United States district court, where Judge Elmer S. Dundy made a groundbreaking ruling, stating that an Indian is considered a "person" under U.S. law. This landmark decision not only secured the release of Standing Bear and his followers but also sparked greater awareness and advocacy for Native American rights. The case remains a pivotal moment in the history of Indigenous legal struggles in the United States.
Standing Bear v. Crook
In 1865, the Ponca, a small tribe, were guaranteed a ninety-six-thousand-acre reservation along the Missouri River in northern Nebraska. Three years later, the United States gave the entire Ponca Reservation to the Sioux without consulting the Poncas. The government’s solution was to remove the Poncas to Indian Territory (Oklahoma). Despite Ponca protests, in 1879 federal troops escorted the whole tribe south to Indian Territory.
Hardships caused by the journey and the radical change in climate caused many deaths among the Ponca. The people longed to return to their homeland, and in January, 1879, one chief, Standing Bear, set out for home with a small group of followers. After the people reached Nebraska, federal troops arrested the runaways in order to return them to Indian Territory.
The plight of Standing Bear captured national attention, and prominent lawyers in Omaha drew up a writ of habeas corpus to prevent the people’s return to Indian Territory. On April 30, 1879, when the matter came before the United States district court in Omaha, Judge Elmer S. Dundy ruled “an Indian is a ‘person’ within the meaning of the laws of the United States” and determined that Standing Bear and his followers had been illegally detained by the federal government. The Ponca affair got national attention and inspired the formation of organizations to fight for Indian rights.
Bibliography
Bristow, David L. “The Trial of Standing Bear.” Nebraska Life 9.5 (2005): 28. MasterFILE Premier. Web. 14 May 2015.
Dando-Collins, Stephen. Standing Bear Is a Person : The True Story of a Native American's Quest for Justice. Cambridge: Da Capo, 2005. eBook Collection (EBSCOhost). Web. 14 May 2015.
Nagle, Mary Kathryn. “Standing Bear v. Crook: The Case for Equality under Waaxe’s Law.” Creighton Law Review 45.3 (2012): 455–502. Academic Search Complete. Web. 14 May 2015.
Sneve, Virginia Driving Hawk, and Thomas L. Floyd. Standing Bear of the Ponca. Lincoln: Bison, 2013. eBook Collection (EBSCOhost). Web. 14 May 2015.
Tennant, Brad. “‘Excluding Indians Not Taxed’: Dred Scott, Standing Bear, Elk and the Legal Status of Native Americans in the Latter Half of the Nineteenth Century.” International Social Science Review 86.1/2 (2011): 24–43. Academic Search Complete. Web. 14 May 2015.