Ponca Chief,
Standing Bear
Standing
Bear won the battle for himself and for all Native Americans to become
"persons" under United States law. His fight for his land and his
dignity has been recorded as one of the first victories for civil rights in
America.
Standing Bear was a chieftain of the Ponca Tribe, a peaceful nation of
farmers and hunters. In January, 1877, the Poncas were told by Indian Inspector
Edward C. Kemble that they must leave their homeland along the Niobrara River in
northeastern Nebraska and move to the Indian
Territory in Oklahoma.
Standing Bear declared, "We do not wish to sell this land, and we think
that no man has a right to take it from us. Here we will live, and here we will
die."
However, a small group of Poncas were forced to accompany Kemble on an
inspection of the "Warm Lands" in Oklahoma. Unaccustomed to the warmer
climate, some sickened. When Standing Bear saw their plight and the land
offered, he refused to bring his people south. Kemble abandoned
them to a 500-mile winter walk home to Nebraska without money food and adequate
clothing.
Upon their return to the Niobrara two months later, they found soldiers
waiting to remove them to the Indian Territory by force. On May 21, 1878, the
Ponca people were driven out of their village like cattle. Their belongings were
confiscated.
In the heat of summer - July 9, 1878 - the tribe reached Oklahoma, only to
find that the U.S. government had made no provision for their support.
It was too late to plant crops, they had no seed, no provisions, no familiar
plants for medicines and foods, the heat, and a number of other problems
resulted in the death of 158 of the 730 tribal members who made the trip.
Standing Bear's 12-year-old son was among those who died.
Honoring a deathbed promise to his son that the boy would be buried on the
Niobrara River in Nebraska, Standing Bear began the return journey in January,
1879. He and his 30 followers endured blizzard conditions. Some died along the
way, but the rest made it to Nebraska with the help of other tribes along the
way.
Upon reaching Nebraska, they were arrested by General George Crook's
soldiers. Crook, however, was so outraged by the band's plight that he enlisted
the help of journalist Thomas H. Tibbles to raise public support for the tribe's
plight and procure a legal defense for Standing Bear.
Standing Bear's defense was based on the 14th amendment which reads,
"nor shall any State deprive any person of life, liberty, or property,
without due process of law."
During the ensuing trial Standing Bear made his plea for recognition of his
basic humanity, saying "I am a man. The same God made us both." Judge
Dundy ruled in favor of Standing Bear, declaring, " ... the question cannot
be open to serious doubt. Webster describes a person as, '... a living
human being ... an individual of the human race.' This is comprehensive enough,
it would seem, to include even an Indian."
Standing Bear had won - for himself, and for all Native Americans and changed
the course of history.
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