Tags

, , , , , , , , , , , , , , , , , , ,

You see me standing here. Where do you think I came from? From the water, the woods, or where? God made me and he put me on my land. But I was ordered to stand up and leave my land. Who the man was I don’t know. He told me to leave and I had to go. It was hard for me to go. I objected to going. I looked around me for some one to help me but I found none… I want to go back to my old reservation to live there and be buried in the land of my fathers. If I can go there I may live some time longer.” – Chief Standing Bear (from his speech as reported in “The Writ of Liberty”, Omaha Herald, May 3, 1879)
Chief Standing Bear A Person Under the Law, US 8th Circuit
A mere 137 years ago:
Judge Elmer Dundy summarized his opinion in U.S. v. Crook, 25 F.Cas. 695 (C.C.Neb. 1879) with five points: “1. That an Indian is a ‘person’ within the meaning of the laws of the United States, and has, therefore, the right to sue out a writ of habeas corpus in a federal court, or before a federal judge, in all cases where he may be confined or in custody under color of authority of the United States, or where he is restrained of liberty in violation of the constitution or laws of the United States

523 members of the tribe were forced to walk the Ponca Trail of Tears, from the northern border of Nebraska to Oklahoma, in May - July 1877.  (James H. Howard, The Ponca Tribe. Bureau of American Ethnology, Bulletin no. 195, U.S. GPO, 1965)
523 members of the tribe were forced to walk the Ponca Trail of Tears, from the northern border of Nebraska to Oklahoma, in May – July 1877. (James H. Howard, The Ponca Tribe. Bureau of American Ethnology, Bulletin no. 195, U.S. GPO, 1965)

Chief Standing Bear A Person Under the Law, US 8th CircuitP. 2 Chief Standing Bear A Person Under the Law, US 8th CircuitChief Standing Bear A Person Under the Law, US 8th Circuit, p. 3Chief Standing Bear A Person Under the Law, US 8th Circuit, p. 4Chief Standing Bear A Person Under the Law, US 8th Circuit, p. 5Chief Standing Bear A Person Under the Law, US 8th Circuit, p. 6Chief Standing Bear A Person Under the Law, US 8th Circuit, p. 7Chief Standing Bear A Person Under the Law, US 8th Circuit, p. 8 http://www.lb8.uscourts.gov/pubsandservices/histsociety/neb-chiefstandingbear-booklet.pdf (Emphasis added: underline; front image changed, in part because of concern about improper reference of Wikipedia picture included on original.)

https://en.wikipedia.org/wiki/Standing_Bear

Habeas corpus (/ˈheɪbiəs ˈkɔːrpəs/) is a legal action or writ by means of which people can seek relief from imprisonment. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”

United States law affords persons the right to petition the federal courts for a writ of habeas corpus. Habeas corpus petitions are generally filed as pro se cases, and the government (state or federal) is usually ordered by the court to respond. Individual states also afford persons the ability to petition their own state court systems for habeas corpus pursuant to their respective constitutions and laws when held or sentenced by state authorities.https://en.wikipedia.org/wiki/Habeas_corpus_in_the_United_States