In May 1877, the Ponca were forcibly removed to Baxter Springs, Oklahoma, then to Ponca City in north-central Oklahoma. In the Ponca “Trail of Tears” eight to ten of the Chiefs were sent to Oklahoma to select a new homeland. Upon seeing their choices they expressed their dissatisfaction and insisted they return to Nebraska. Although denied permission Standing Bear and the other Chiefs without money or an interpreter began walking back to the Niobrara River. When they reached the Otoe Reservation, southern Nebraska, mid-winter, fresh horse’s and food were provided. Then they continue north to the Omaha Reservation along the way Standing Bear sent a telegram to the President of the United States objecting to the removal.
In May 1878, the whole tribe was forced to leave their reservation to go to Oklahoma leaving behind their farm equipment, livestock, houses and most of their household goods. Despite the protests of the Ponca , E.C. Kemble, U.S. Indian Inspector, ordered the final removal of all Ponca, in July, 1878. As a result of the 500 mile forced march, climatic difficulties, exposure and poor nutrition, 681 Ponca’s arrived in Oklahoma, having lost more than a third of the Tribe.
The Ponca suffered in their first winter, having moved in mid-growing season it was too late to plant, they had no seed, no provisions, no familiar plant medicines and foods, the heat and the poor soil, the government had made no provisions for the support of the Ponca. In the second winter Standing Bear’s twelve year old son died, he requested to be buried in the Niobrara homeland. In the winter of 1879, Standing Bear and sixty-six followers set out from Oklahoma for Nebraska, leaving before they all perished. In the middle of March they arrived on the Omaha Reservation. Omaha’s welcomed the Ponca and consider them relatives, they were given shelter and land to plant seed, they might have been content if just left alone. When government officials learned that Ponca’s were still in Nebraska, orders were sent to General George Crook to return them to Indian Territory, Oklahoma.
General George Crook, although vilified by many western tribe’s, was not without conscience he had dealt with many tribe’s and was many time’s the messenger of hope,
only to be contradicted by government. He was aware that Tribe’s had been treated unfairly for years. It was with reluctance that he sent soldiers to arrest Standing Bear and
his followers. He was sympathetic to Standing Bear and since several of his party were sick he deliberately held up orders to return to Indian Territory. This delay gave assistant editor “Thomas Tibbles” time to publish the plight of the Ponca across the country. Tibbles was committed to the principle that “equality of all men before the law”. He decided to see if Indians had any rights and convinced two prominent lawyers to volunteer their services to represent Standing Bear in suit against the government. On April 8, 1879 in a Writ of Habeas Corpus was filed in District Court of the United States for the District of Nebraska.
On May 1, 1879 the hearing began it lasted two days and one evening. The first person to testify was the interpreter for Standing Bear, he answered questions about the condition of the Ponca when they reached the Omaha Reservation, although sickly many could still work and that no one wanted to live as a white man. The second person was the arresting officer, he answered questions about the general condition of the Ponca at the time of arrest. Standing Bear was the third and last person to testify, he told of the last two years to the time of his arrest. No testimony was given on behalf of General Crook.
A United States District attorney represented General Crook, who represented to the government, he claimed that Standing Bear was not entitled to the protection of the Writ of Habeas Corpus because he was not a person under the law. Standing Bear’s attorney’s
gave several reasons why the government could not take their land. Land promised them by treaty, there was no law for the removal of the Ponca’s to Indian Territory, Oklahoma.
Standing Bear’s other attorney claimed the writ applied to every human being and that the position of the government undermined the very foundation of human liberty. Standing Bear was allowed to speak for himself and pleaded with great emotion for fair treatment of his people. Standing Bear made a plea for humanity using a defense based on the 14th amendment, “a person cannot be deprived of life, liberty or property without due process of law”. The courtroom was filled with many who became sympathetic after hearing Standing Bears speech, saying “I am a man. The same God made us both”.
On May 12, the Judge Elmer Dundy filed his decision, he had been impressed by Standing Bear and ruled in his favor. He stated that Indian was a person within the meaning of the law and had the right to a writ of habeas corpus. Judge Dundy ruled in favor of Standing Bear but not without Webster’s dictionary, “the question cannot be open to serious debate Webster describes a person as ‘…a living human being…an individual of the human race.’ “This is comprehensive enough and would seem to include even an Indian”. He further stated that although General Crook had the right to remove Standing Bear from the Omaha Reservation, General Crook had no right to force them to live in Indian Territory, Oklahoma, and that they were being held in violation of the law. He ordered that the Ponca, be released.
A few days later General Crook received his orders from the government to release Standing Bear and his followers. They went to live with the Omaha. Those who were still in Oklahoma sued to be reunited with Standing Bear but their suit was denied and the tribe was split apart.
In August 1881, 26,236 acres in Knox county Nebraska were returned to the Ponca People. Although a portion of their homeland was returned to them only half of the tribe came back to Nebraska.
Between 1879 and 1883 Standing Bear traveled in eastern United States and spoke about Indian rights, he had made friends with prominent people and is now considered to be among finest “Indian Orators”.
Standing Bear and his band were allowed to move back to their old lands and received allotments in 1890, he was known to visit his southern relatives often. Standing Bear died in 1908, and was buried on a hill overlooking the village site of his ancestors.
A twenty-two foot statue of Standing Bear stands just south of Ponca City in northern Oklahoma, in 1978 Standing Bear was inducted into the Nebraska Hall of Fame.
Chief Standing Bear laid his son to rest in Niobrara, Nebraska his homeland.
