In the Matter of the Application of Standing Bear et al. for a Writ of Habeas Corpus
The United States of America
District of Nebraska ss
The President of the United States, to George Crook, a Brigadier General of the Army of the United States, Commanding the Department of the Platte, Greeting:
We command you that you have the bodies of Ma-chu-nah-zha (Standing Bear) Ta-zha-but (Buffalo Chip) Shan-gu-e-hi-zhe (Yellow horse) Mu-din-ah-gaz (Cries for War) Wa-thi-ha-cuh-she (Long Runner) Wan-chi-dun (Crazy Bear) Me-tha-zhin-ga (Little Duck) Ta-the-ga-da (Buffalo Track) Ka-wig-i-sha (Turtle Grease) Min-i-chuck (Walk in the Mud) Ta-do-mun-e (Walk in the Wind) Me-gah-sin-de (Coons Tail) E-tun-kah (Big Mouth) Wah-thi-ga (Swift) Ta-wan-oo (Buffalo Cow) Ma-Shud-da-de (Feather Crazy) Te-more-a (Walking Yellow) Oo-moo-ah (Good Provision) Susette Primo, Laura Primo, Ta-nigh-ing-ah (Little Buffalo Woman) Kre-ah-du-wah (Midst of the Eagles) Me-he-da-wah (Midst of the Sun) Ta-zi-zi (Yellow Spotted Buffalo) No-zha-zhe (Grown Hair) and Wa-gang-wah, by you imprisoned and detained as it is said, together with the time and cause of such imprisonment and such detention, before Elmer S. Dundy, District Judge of the United States for the District of Nebraska, at Lincoln Nebr, within ten days after the service hereof, to do and receive what shall then and there be considered concerning the said Ma-chu-nah-zha (Standing Bear) Ta-zha-but (Buffalo Chip) Shan-gu-e-he-zhe (Yellow Horse) Mi-din-ah-gaz (Cries for War) Wa-thi-ha-cuh-she (Long Runner) Wan-chu-dum (Crazy Bear) Me-tha-zhin-ga (Little Duck) Ta-the-ga-da (Buffalo Track) Ka-wig-i-sha (Turtle Grease) Min-i-chuck (Walk in the Mud) Ta-do-mon-e (Walk in the Wind) Me-gah-sin-de (Coons Tail) E-tun-kah (Big Mouth) Wah-thi-ga (Swift) Ta-wah-oo (Buffalo Cow) Ma-shud-da-de (Feather Crazy) Te-mon-a (Walking Yellow) Oo-moo-ah (Good Provision) Susette Primo, Laura Primo, Ta-nigh-ing-ah (Little Buffalo Woman) Kre-ah-du-wah (Midst of the Eagles) Me-he-da-wah (Midst of the Sun) Ta-zi-zi (Yellow Spotted Buffalo) No-zha-zhe (Grown Hair) and Wa-gang-wah, and have you then and there this writ.
Witness my hand as Judge of the said Court and the seal of said Court by me hereunto attached this 8th day of April 1879.
(seal) Elmer S. Dundy.
U.S. District Judge, District of Nebraska.
Attest,
Watson B. Smith
Clerk Dist. Court U.S.
Dist of Nebraska.
No. 38. F.
District Court U.S.
District of Nebraska.
The United States, ex rel
Ma-chu-nah-zha et al
vs
George Crook
a Brigadier General
U.S.A.
Copy of Writ of Habeas Corpus
Filed April 18, 1879.
Watson B. Smith, Clerk
by E. D. Frank, Deputy.
The United States of America
District of Nebraska ss
The President of the United States, to George Crook, a Brigadier General of the Army of the United States, commanding the Department of the Platte, Greeting:
We command you that you have the bodies of Ma-chu-nah-zha (Standing Bear), Ta-zha-but (Buffalo Chip), Shan-gu-e-he-zhe (Yellow horse), Mi-don-ah-gaz (Cries-for-War), Wa-thi-ha-cuh-she (Long Runner), Wan-chu-dum (Crazy Bear), Me-tha-zhin-ga (Little Duck), Ta-the-ga-da (Buffalo Track), Ka-wig-i-sha (Turtle Grease), Min-i-chuck (Walk-in-the-Mud), Ta-do-mon-e (Walk in the Wind), Me-gah-sin-de (Coon's Tail), E-tun-kah (Big Mouth), Wah-thi-ga (Swift), Ta-wan-oo (Buffalo Cow), Ma-shud-da-de (Feather Crazy), Te-more-a (Walking Yellow), Oo-moo-ah (Good Provision), Susette Primo, Laura Primo, Ta-nigh-ing-ah (Little Buffalo Woman), Kre-ah-du-wah (Midst of the Eagles), Me-he-da-wah (Midst of the Sun), Ta-zi-zi (Yellow Spotted Buffalo), No-zha-zhe (Grown hair), and Wa-gang-wah, by you imprisoned and detained as it is said, together with the time and cause of such imprisonment and such detention, before Elmer S. Dundy, District Judge of the United States for the District of Nebraska, at Lincoln, Nebraska, within ten days after the service hereof, to do and receive what shall then and there be considered concerning the said Ma-chu-nah-zha (Standing Bear), Ta-zha-but (Buffalo Chip), Shan-gu-e-he-zhe (Yellow Horse), Mi-don-ah-gaz (Cries-for-War), Wa-thi-ha-cuh-she (Long Runner), Wan-chu-dum (Crazy Bear), Me-tha-zhin-ga (Little Duck), Ta-the-ga-da (Buffalo Track), Ka-wig-i-sha (Turtle Grease), Min-i-chuck (Walk in the Mud), Ta-do-mon-e (Walk in the Wind), Me-gah-sin-de (Coon's Tail), E-tun-kah (Big Mouth), Wah-thi-ga (Swift), Ta-wah-oo (Buffalo Cow), Ma-shud-da-de (Feather Crazy), Ze-mon-a (Walking Yellow), Oo-moo-ah (Good Provision), Susette Primo, Laura Primo, Ta-nigh-ing-ah (Little Buffalo Woman), Kre-ah-du-wah (Midst of the Eagles), Me-he-da-wah (Midst of the sun), Ta-zi-zi (Yellow Spotted Buffalo), No-zha-zhe (Grown Hair), and Wa-gang-wah, and have you then and there this writ.
Witness my hand as Judge of the said Court and the seal of said Court by me hereto attached this 8th day of April 1879
Elmer S. Dundy
U.S. District Judge,
District of Nebraska.
Attest
Watson B. Smith
Clerk Dist. Court U.S.
Dist. of Nebraska
April 8, 1879.
Dundy, Elmer S.
U.S. District Judge,
Dist. of Neb.
To Geo. Crook, a Brig. Gen. of the Army of the U.S., Commd'g. the Dept. of the Platte.
Summons directing that the within named persons brought before him at Lincoln, Nebraska, within ten (10) days after the service hereof, &c.
1st Endorsement
Hdqrs Dept. of the Platte
Assist: Adjt Genl Office
Fort Omaha Neb. Apl 10, 79
Respectfully referred to the Judge Advocate of the Department; for remark, and necessary action.
By command of
Brig Genl Crook
R. Williams
Asst. Adjt. General.
2nd Endorsement
Headquarters Dep't. of the Platte
Judge Advocate's Office
Fort Omaha, Neb., April 11, 1879
In compliance with the direction of the foregoing Endorsement and the instruction of the General Commanding, Return is made to enclosed writ as appears herewith.
H. B. Burnham
Judge Advocate, U.S.A.
Filed April 18, 1879
Watson B. Smith, Clerk
by E. D. Frank, Deputy.
In the District Court of the United States. For the District of Nebraska.
The United States, ex rel. Ma-chu-nah-zha (Standing Bear).
vs.
George Crook, a Brigadier General of the Army of the United States, and Commander of the Department of the Platte.
In the Matter of the Application of Ma-chu-nah-zha (Standing Bear), et al. for a writ of Habeas Corpus.
To the Honorable Elmer S. Dundy, Judge of the District Court of the United States for the District of Nebraska:
The Petition of Ma-chu-nah-zha (Standing Bear), Ta-zha-but (Buffalo Chip), Shan-gu-e-he-zhe (Yellow horse), Mi-don-ah-gaz (Cries-for-War), Wa-thi-ha-cuh-she (Long Runner), Wan-chu-dum (Crazy Bear), Me-tha-zhin-ga (Little Duck), Ta-the-ga-da (Buffalo Track), Ka-wig-i-sha (Turtle Grease), Min-i-chuck (Walk-in-the-Mud), Ta-do-mon-e (Walk-in-the-Wind), Me-gah-sin-de (Coon's Tail), E-tun-kah (Big Mouth), Wah-thi-ga (Swift), Ta-wan-oo (Buffalo Cow), Ma-shud-da-de (Feather Crazy), Ze-mon-a (Walking Yellow), Oo-moo-ah (Good Provision), Susette Primo, Laura Primo, Ta-nigh-ing-ah (Little Buffalo Woman), Kre-ah-du-wah (Midst-of-the-Eagles), Me-he-da-wah (Midst-of-the-Sun), Za-zi-zi (Yellow-Spotted Buffalo), No-zha-zhe (Grown hair), and Wa-gang-wah, who respectfully show unto Your Honor that they each and all of them are prisoners unlawfully imprisoned detained, confined, and in custody, and are restrained of their liberty under and by color of the alleged authority of the United States by George Crook, a Brigadier General of the Army of the United States and commanding the Department of the Platte. And are so imprisoned, detained, confined, and in custody, and restrained of their liberty by said George Crook at Fort Omaha on a Military Reservation under the sole and exclusive jurisdiction of the United States and located within the territory of the District of Nebraska. That said imprisonment, detention, confinement, and restraint by said George Crook as aforesaid, are so done by him under and by virtue of some order or direction of the United States or some department thereof. And which order or direction is not more particularly known to these complainants, whereby they are unable to move particularly set the same forth, save that these complainants are informed and believe that said order or direction is to the effect that these complainants be taken as such prisoners to the "Indian Territory".
These complainants further represent that they are Indians and of the nationality of the Ponca tribe of Indians, but that for a considerable time before, and at the time of their arrest and imprisonment, as is herein more fully set forth, they were separated from the Ponca tribe of Indians, and had been and were separated from their tribal relations to said Ponca Tribe of Indians, and that so many of said Ponca Tribe of Indians as maintain their tribal relations are located in the "Indian Territory".
That your complainants at the time of their arrest and imprisonment were lawfully and peaceably residing on the Omaha Reservation, a tract of land set apart by the United States to the Omaha Tribe of Indians, and within the territory of the District of Nebraska, and were so residing there by the consent of said Omaha Tribe of Indians and on lands set apart to your complainants by said Omaha Tribe of Indians.
That your complainants have made great advancements in civilization and at the time of the arrest and imprisonment of your complainants, some of them were actually engaged in agriculture, and others were making preparations for immediate agricultural labors, and were supporting themselves by their own labor. And no one of these complainants was receiving or asking support of the Government of the United States.
That your complainants were not violating, and are not guilty of any violation of any law of the United States, civil or military, or of any treaty of the United States, for which said arrest and imprisonment were made.
That while your complainants were so peaceably and lawfully residing on said Omaha Reservation, as aforesaid, they were each and all unlawfully imprisoned, detained, confined, and restrained of their liberty by said George Crook as such Brigadier General commanding the Department of the Platte, and as such prisoners were transported from their said residence at the Omaha Reservation to Fort Omaha, where they are now still unlawfully imprisoned, detained, confined, and restrained of their liberty by said George Crook as aforesaid.
Wherefore these complainants say that their said imprisonment and detention is wholly illegal, and they demand that a writ of Habeas Corpus be granted, directed to the said George H. Crook a Brigadier General of the Army of the United States commanding the Department of the Platte, commanding him to have the bodies of Ma-chu-nah-zha (Standing Bear), Ta-zha-but (Buffalo Chip), Shan-gu-e-he-zhe (Yellow Horse), Mi-don-ah-gaz (Cries-for-War), Wa-the-ha-cuh-she (Long Runner), Wan-chu-dum (Crazy Bear), Me-tha-zhin-ga (Little Duck), Ta-the-ga-da (Buffalo Track), Ka-wig-i-sha (Turtle Grease), Min-i-chuck (Walk-in-the-Mud), Ta-do-mon-e (Walk-in-the-Wind), Me-gah-sin-de (Coon's Tail), E-tun-kah (Big Mouth), Wah-thi-ga (Swift), Ta-wan-oo (Buffalo Cow), Ma-shud-da-de (Feather Crazy), Ze-mon-a (Walking Yellow), Oo-moo-ah (Good Provision), Susette Primo, Laura Primo, Ta-nigh-ing-ah (Little Buffalo Woman), Kre-ah-du-wah (Midst of the Eagles), Me-he-da-wah (Midst of the sun), Za-zi-zi (Yellow-Spotted Buffalo), No-zha-zhe (Grown hair), and Wa-gang-wah before your Honor at a time and place therein to be specified, to do and receive what shall then and there be considered by your Honor concerning them, together with the time and cause of their detention, and said writ, and that the complainants may there be restored to liberty.
Na-shu-na-gha (Standing Bear) his x mark
Ta-zha-but (Buffalo Chip) his x mark
Ma-chu-dum (Crazy Bear) his x mark
Shun-gu-zhe-zhe (Yellow Horse) his x mark
Nu-dum-ah-gaz (Cries for war) his x mark
Wa-the-ha-cuh-she (Long Runner) his x mark
Me-tha-zhin-ga (Little duck) his x mark
Ta-the-ga-da (Buffalo Track) his x mark
Witness: T. H. Tibbles
W. L. Carpenter
A. J. Poppleton and
Jno. L. Webster
Attys for Petitioners
United States of America
District of Nebraska
Douglas County SS.
Ma-chu-nah-zha (Standing Bear), Ta-zha-but (Buffalo Chip), Shan-gu-e-he-zhe (Yellow Horse), Mi-don-ah-gaz (Cries-for-War), Wa-the-ha-cuh-she (Long Runner), Wan-chu-dum (Crazy Bear), Me-tha-zhin-ga (Little Duck), Ta-the-ga-da (Buffalo Track), Ka-wig-i-sha (Turtle Grease), Min-i-chuck (Walk in the Mud), Ta-do-mon-e (Walk in the Wind), Me-gah-sin-de (Coon's Tail), E-tun-ka (Big Mouth), Wah-thi-ga (Swift), Ta-wan-oo (Buffalo Cow), Me-shud-do-de (Feather Crazy), Ze-mon-a (Walking Yellow), Oo-moo-ah (Good Provision), Susette Primo, Laura Primo, Ta-nigh-ing-ah (Little Buffalo Woman), Kre-ah-du-wah (Midst of the Eagles), Me-he-da-wah (Midst of the sun), Za-zi-zi (Yellow Spotted Buffalo), No-zha-zhe (Grown Hair), and Wa-gang-wah being first duly severally sworn according to law say the facts stated in the foregoing complaint are true.
Na-chu-na-zha (Standing Bear) his x mark
Ta-zha-but (Buffalo Chip) his x mark
Nu-dun-ah-gaz (Cries for war) his x mark
Schun-gu-zhe-zhe (Yellow Horse) his x mark
Ma-chu-dun (Crazy Bear) his x mark
Me-thu-zhin-ga (Little Duck) his x mark
Wa-the-ha-cuh-she (Long Runner) his x mark
Ta-the-ga-da (Buffalo track) his x mark
Witness: T. H. Tibbles
W. L. Carpenter
Subscribed in my presence and sworn to before me this 4th day of April A.D. 1879
Homer Stull
Notary Public
8 April, 1879, writ of habeas corpus ordered, returnable at Lincoln Nebraska within ten days from date of service of writ.
Elmer L. Dundy
Judge
No. 38. F.
U.S. District Court
District of Nebraska
United States ex rel. Ma-chu-nah-zha et al.
vs
George Crook a Brigadier General of the U.S. Army Commanding the Department of the Platte
Filed April 8, 1879
Watson B. Smith
Clerk
A. J. Poppleton
Jno. L. Webster
Apl. 8
The United States, ex rel Ma-chu-nah-zha (Standing Bear) et al
vs.
George Crook a Brigadier General U.S.A. Commanding the Department of the Platte
No. 38. F.
This day came Ma-chu-na-zha (Standing Bear), Ta-zha-but (Buffalo Chip), Shan-gu-e-he-zhe (Yellow Horse), Mu-don-ah-gaz (Cries for War), Wa-the-ha-cuh-she (Long Runner), Wan-chi-dun (Crazy Bear), Me-tha-zhin-ga (Little Duck), La-the-ga-da (Buffalo Track), Ka-wig-i-sha (Turtle Grease), Min-e-chuck (Walk in the Mud), Ta-do-mun-e (Walk in the Wind), Me-gah-sin-de (Coons Tail), E-tun-kah (Big Mouth), Wah-thi-ga (Swift), Ta-wan-oo (Buffalo Cow), Ma-shud-da-de (Feather Crazy), Te-mose-a (Walking Yellow), Oo-moo-ah (Good Provision), Susette Primo, Laura Primo, Ta-wigh-ing-ah (Little Buffalo Woman), Kre-ah-du-wah (Midst of the Eagles), Me-he-da-wah (Midst of the Sun), Ta-zi-zi (Yellow Spotted Buffalo), Wo-yha-zhe (Grown Hair), and Wa-gang-wah by their Attorneys Messers A. J. Poppleton and J. L. Webster, and made application for a writ of habeas corpus and it being made to appear to the court that the said petitioners are detained without any legal authority. It is therefore ordered that a writ of habeas corpus be allowed to issue on behalf of the said petitioners directed to George Crook, a Brigadier General of the United States, commanding the Department of the Platte, returnable within ten days from the date of the service of said writ upon him.
Ponca Indians
vs
George Crook Brig. Genl.
Hearing on Writ of
Habeas Corpus Before
E. S. Dundy D. J.
April 29th 1879.
I. Petitioners are entitled to sue out the writ.
a. Any person is entitled Rev. Stat. 142
b. Slaves (5 McLean P. 98) Chinamen (2 Otto P 276 Chy Lung vs. Freeman)
c. Minors, Married women, Idiots Lunatics
d. Writ may be sued by any one on their behalf. 1 Bouvier Inst. 91 - 1 Kent 639.
e. Indians liable for prosecution for crimes, debts. Subject to Probate Jurisdiction.
f. Relief from Military confinement ex parte Milligan 4 Wal 107. Cooley on Constitutional Limitations 345-346 2 Story on Constitution "No human being in this country can exercise any kind of authority (public) which is not conferred by law. And under the United States, it must be given by the express words of a written statute. Whatever is not so given is withheld and the exercise of it is positively prohibited"
II. Petitioners should be discharged as matter of law.
1. There is nothing in the relation of the Tribe giving power to the United States to hold them
a. This is true generally of Indian Tribes not in hostility-but friendly-Treaty Indians. 5 Pet. 1. 6 Pet. 516. 11 Wallace 616.
b. It is especially true of this particular Tribe and it is a violation of faith to attempt to hold them.
1. Either to remove them from their original reservation.
2. Or to return them to the Indian Territory.
Develop Legal and Treaty situation.
Treaty of March 12, 1858, U.S. Stat. #12 - P 997
Treaty of March 10, 1865, 14 U.S. Stat. P 675
Sioux Treaty April 29, 1868, 15 U.S. Stat. P 636
Treaty with Sioux in respect to removal to the Indian Territory 19 U.S. Stat. P 256.
Ponca Appropriation
2. They are not charged with crime. If they were the Military Authorities would have no jurisdiction over them. (What military may do with them)
3. Has the Indian Department jurisdiction to deprive the Indians of liberty for any purpose? And for what purpose?
4. Can this power so far as it exists, be exercised through the Military
5. These particular Indians have separated themselves from their tribe and seek to become citizens. To this end they have:
a. Learned the Arts of Civilization sufficiently for self support.
b. They have heretofore supported themselves.
c. They ask only to be allowed to do so in the future.
d. (Can't make out 3 words) is the culmination of a struggle for liberty.
6. Standing in this relation they are entitled to the protection of the Constitution and the laws.
III. Humanity, Justice and Statesmanship demand their discharge.
President's Authority in removal Rev. Statutes P 371, Sec 2114
No person allowed to make Treaty Rev. Stat. P 372, Sec 2116.
Indians desiring to adopt habits of civilized life, may have lands set apart. Rev. Stat. P 372, Sec 2119.
What Military may do. Rev. Sat. P 376. Sections 2149-2152.
No Treaty since March 3, 1871. 16 U.S. Stat. P 567.
No one has ever broached the doctrine that Indians could bee deprived of their title, without their consent.
A. J. Poppleton
For Petitioners.
Return.
To the Hon. Elmer S. Dundy U.S. District Judge for the District of Nebraska.
As directed by your writ of Habeas Corpus, dated April 8, 1879, requiring me to take and have the bodies of Ma-chu-nah-zha (Standing Bear), Ta-zha-but (Buffalo Chip), Shan-gu-e-he-zhe (Yellow horse), Mi-don-ah-gaz (Cries-for-War), Wa-the-ha-cuh-she (Long Runner), Wan-chu-dun (Crazy Bear), Me-tha-zhin-ga (Little Duck), Ta-the-ga-da (Buffalo Track), Ka-wig-i-sha (Turtle Grease), Min-i-chuck (Walk in the Mud), Ta-do-mon-e (Walk in the wind), Me-gah-sin-de (Coon's Tail), E-tun-kah (Big Mouth), Wah-thi-ga (Swift), Ta-wan-oo (Buffalo Cow), Ma-shud-da-de (Feather Crazy), Ze-mon-a (Walking Yellow), Oo-moo-ah (Good Provision), Susette Primo, Laura Primo, Ta-nigh-ing-ah (Little Buffalo Woman), Kre-ah-du-wah (Midst of the Eagles), Me-he-da-wah (Midst of the sun), Ta-zi-zi (Yellow Spotted Buffalo), No-zha-zhe (Grown hair), and Wa-gang-wah, by me "imprisoned and detained as it is said, together with the time and cause of such imprisonment and such detention within ten days after the service: thereof and to do and receive what shall then and there be considered concerning the said persons and to have then and there said writ; I have the honor respectfully to state and return in obedience to, and with the said writ that the bodies of the aforesaid persons are as required produced.
That the time of their detention at Fort Omaha, Neb., is from the 27th March 1879, as appears by the report of the Commanding Officer, at that Fort., copy of which (and of the Special Orders therefore) is hereto attached and made part of this return with like effect as though fully set forth therein; that I am the Brigadier General U.S.A., Commanding the Military Department of the Platte, and all officers and soldiers stationed therein, and as such Commanding Officer, subject to the orders of my military superiors:–– That the cause of the detention of aforenamed Indians is the request of the Secretary of the Interior and the orders of my Commanding Officer's General Sherman and Lieutenant General Sheridan, based thereon; which orders were to me communicated and directed by the 1st and 2nd Endorsements on the copy of the letter of Hon. C. Schurz, Sect'y of the Department of the Interior, dated March 7, 1879, and addressed to the Secretary of War, enclosing a copy of a telegram dated March 4, 1879 addressed "to the Commissioner of Indian Affairs" at Washington, D.C., and signed Jacob Vore, Indian Agent, copies of which letter and telegram, and of said endorsements, are also hereto attached, and made part of this return; with like effect as though fully set forth herein; whereby it appears that the Hon. Secretary of the Interior requested the Secretary of War "that the nearest Military Commander (to the Omaha Indian Agency) may be instructed to detail a sufficient guard to return these Poncas to the Agency where they belong," wherefore the undersigned asks to be released from said writ and that said Indians may be returned to him for the fulfillment of his orders concerning them.
George Crook
Brigadier-General,
Commanding Department of the Platte.
State of Nebraska
County of Douglass s.s.
Personally appeared before me, Brigadier General George Crook, U.S. Army, who being duly sworn, according to law, deposes and says that the statements made in the foregoing return are true so far as they are within his own knowledge, and as he is officially informed and believes of such facts as are stated as based on official information.
George Crook
Brigadier General
U.S. Army
Sworn and subscribed this 11th day of April 1879, before me
Wm R. Bowen
Notary Public
United States ex rel Ma-chu-man-zha et al.
vs.
George Crook
a Brigadier General
U.S.A.
Return of Geo Crook
Brig. Genl. U.S.A.
Filed April 18, 1879.
Watson B. Smith, Clerk
by E. D. Frank, Deputy
United States District Court.
District of Nebraska.
United States ex rel. Ma-chu-nah-zha. et al.
vs.
George Crook, a Brigadier-General of the United States Army.
Reply to Amended Return.
Now come the petitioners Ma-chu-nah-zha, et al. and for a reply to the amended Return filed herein deny that Standing Bear is an Indian Chief of the Ponca Tribe of Indians; and they deny that the other petitioners are members of the Ponca Tribe of Indians.
The petitioners deny that they still retain their tribal relations with the Ponca Tribe of Indians, and they deny that they pay allegiance to the Ponca Tribe of Indians, but aver that they have severed all their tribal relations with said Tribe. The Petitioners aver that they have adopted and are pursuing the habits of a civilized life.
The Petitioners aver that they are illegally restrained of their liberty, and deny that they were upon the Omaha Reservation in violation of law.
The Petitioners deny that they belong to any agency or reservation in the Indian Territory, and deny that the Ponca Reservation is in the Indian Territory.
Ma-chu-nah-zha, et al.
Petitioners.
By A. J. Poppleton and
Jno L. Webster
their Attorneys.
No. 38 F.
U.S. District Court.
District of Nebraska.
United States ex rel. Ma-chu-nah-zha. et al.
vs.
George Crook, a Brigadier-General United States Army.
Reply to Amended Return.
Filed May 2, 1879.
Watson B. Smith, Clerk
by E. D. Frank, Deputy
A. J. Poppleton and
Jno L. Webster
Attorneys for Petitioners.
