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APPENDIX.

courts for such an outruge as this. An Indian has no legal status. Ilc is merely a live and particularly troublesome animal, in the cye of the law. But, while the Poncas were trying to get back on their lands, they were arrested by order of the Seeretary of the Intorior, on the charge of running away from the agency to wich they had been sent by the Government when their lands were taken from them. It is not uccessary to add words to inten sify this accumulation of criminal folly and wrong. Certain citi zens of Ncbraska, hearing of the injustico which was being perpe- trated on the Poncas, raised funds, and had the chiefs brought before United States District Judgc Dundy on a writ of habeas corpus, to inquire why they werc thus rcstrained of their liberty. Judgo Dundy decided that an Indian was 'a person' within the neaning of the Habeas Corpus Act, and that these persons were unlawfully held in duress.

"It was thought that the Unitcd States would appeal from this dictum, but no appeal was taken, much to the disappoint- ment of the friends of the Indians, as it wus hoped that a decision could be reached to show whether the Indian was or was not so far clothed with the privilege of a citizen that he could have a standing in the courts of law. Accordingly, the pnblic-spirited and philanthropic persons who had espoused the cause of the Poncas resolved to make up a case, which, carried to the United States Supreme Court, should detormine onee and forever this moot point. To this end money has becn raised by subscription, by special gift, and by contributions taken at public meetings in various parts of the country. A lady residing in Boston, moved by the pitiful condition of the Itlians, who tried to atruggle to ard civilization, offcred to supply all the money which was lack ing toward the expenscs of the suit, provided Secrctary Schurz would give some public assurances that he favorcd this manner of determining the case, or would givo his reasons against this atiempt. Thc lady's proposition was sent to Mrs. Ilelen Iiunt Jackson, whosc disinterested und efficient labors in behalf of the dee od Poncas had Mrs attracted wr ca Jackson forwarded to Secretary Schurz the whole statement Thereupon an interesting correspondence ensued. This corre spondence has been printed in the Baston papers, presumably by direction of Secretary Schurz

In reply to the request to say whether he approves of the movement to carry the Ponca case to the Supreme Court, in order tat the tribe may recover their old rescrvation, the Sccretary

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