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In the matter of the Application of Ma-chu-nah-zha (Standing Bear) for a writ of Habeas Corpus

March 4, 1879 - May 19, 1879

Filed before the District Court of the United States, District of Nebraska (Lincoln, Nebraska)

Case ID: hc.case.ne.0764

Case Summary

Following the removal of the Ponca tribe from their homelands in Nebraska to poor lands in Indian Territory (Oklahoma) and the death of Standing Bear's son, Standing Bear and 29 Ponca left the Oklahoma reservation without the permission of their Indian agent. The group made their way up through Kansas and into Nebraska on foot and stopped at the Omaha Reservation. The Omaha welcomed them as they had long been allies, but orders were issued for the thirty Poncas arrest. A newspaper editor extensively published columns about the proceedings and gathered the two attorneys to make Standing Bear's case. A writ of habeas corpus was issued by Judge Elmer Dundy, and in the trial proceedings, the United States government argued that writs of habeas corpus could only be utilized by citizens of the United States or those considered "human." According to this argument, Standing Bear and Indigenous peoples at large were not considered human and therefore should not be able to use writs of habeas corpus to defend themselves in court. Standing Bear's attorneys argued that their clients had cut ties with the Ponca tribe in Oklahoma, had made their intentions known to the Indian agent, that their return to Nebraska was legal and they had not broken any laws. Judge Dundy found for Standing Bear and the group of thirty was to be released. Following the trial, Standing Bear's group was not immediately allowed to return to their homelands as the land had been given to the Lakota nor could they return to the Omaha Reservation for fear of further arrest.

Case Information

Petition type(s)

  • Carceral

Petition subtype(s)

  • Wrongful imprisonment

Sites of significance

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

RG512 District Court, U.S. - District of Nebraska Subgroup 2 Case #1

Source material(s)

Case File

Repository(s)

State

  • Nebraska

Point(s) of law cited

Treaty of March 12, 1858|Treaty of March 10, 1865|Treaty of 1867|Sioux Treaty April 29, 1868|Indian Appropriation Act|Rev. Stat. 142|Ex parte Milligan

Tag(s)

  • Native american

People

Citation

Katrina Jagodinsky, Cory Young, Andrew Varsanyi, Laura Weakly, Karin Dalziel, William Dewey, Erin Chambers, Greg Tunink. “In the matter of the Application of Ma-chu-nah-zha (Standing Bear) for a writ of Habeas Corpus.” Petitioning for Freedom: Habeas Corpus in the American West, 1812-1924, University of Nebraska–Lincoln. Accessed November 24, 2024. https://petitioningforfreedom.unl.edu/cases/item/hc.case.ne.0764

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