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m Celebrated case :
THAT WON CIVIL RIGHTS FOR INDIANS Order Issued by Carl Schurz, While Secretary of the Interior, Brought Long-Standinr Trouble to a Crisis. SPLENDID ORATION MADE BY INDIAN CHIEF Eloquence of Standing- Bear, Pleading; for His Own and His People's Rights, . the Cause of An Oration In Crowded Nebraska Court Room . . . Judge Dundy's Famous Decision. ' Omaha. The late Carl Schurz la best -remembered in Omaha aa the cause of the American Indiana being admitted to full citizenship In this country not through his taking the aide of the red mm In the long struggle, but because he, as secretary of the interior, Issued an order which so aroused the west to the wrongs of the Indian that a cru sade wag ' started In Omaha which reached to all portions of the United States, lasted seven years, and ended by supreme court decisions and legisla tive enactments making the Indian as free as a white man if he choose to be o, and to accept the conditions of civilization. Schurz had the order issued to Oen. Crook, then stationed at Omaha and commanding this department of the oray, and Immediately 'the cause of the Indian was taken up by Thomas H. Tibbies, late rice presidential can didate on the populist ticket; Gen. Crook, John L. Webster, Judge Dundy, acd a score of other men prominent In the west. - Previous to the fight spoken of here very Indian in the United States was subject to the orders of the secretary of the interior. The government was an absolute autocrat over the destiny ct the red man in the entire country. Pitiful Funeral Procession. Back in 1879 a pitiful procession wended its slow way northward from Indian territory, bound for the prairies of Nebraska. There were 20 Indians on foot and one old wagon, drawn by two wornout - horses. In the wagon w.-ia thA itanri hodv of a child an In dian boy. The leader of the little par ty was the father of the dead child; the famous Ponca Indian chief. Stand ing Bear, a few years later to be the T?8t-known Indian In the entire world and to. speak in every city in the country in behalf of his people. Bunding Bear's party, was cn route to the Niobrara country, in northern Nebraska, to bury the child In the an They had started on the long trip, al though permission to leave the reser vat ion in Indian Territory, on which iher had been settled against their "will, had been refused. Formerly the Poncas lived in north- General Crook Intercepted , rn Nebraska, along the Niobrara riv er. ; They had fought the Sioux, in be half of the white men, for years, and .had lost 700 braves in the white man's behalf. For this a previous secretary of the interior had given them, in fee .simple, full , title, to their reservation .and lands. - . ' . ' Lands Taken from Poncas. " Then Mr. Schurs was made - secre- . 'tary, and at the point of the bayonet had driven the Poncas down into In- ''dian Territory, depriving them of the' .lands for which they held government ieds.; TJ?e Poncas -were left months -without rations In the' new country, ' and mors than one-third-of them dlarf '-while there. '.. And among those who died was the eon of the old chief, Standing Bear. The chief refused to have, ji the, little MMf '' r,,, W -rr-.. i ni-rar.. . ,111 (I . I III Ik.. J. body burled in the strange country. but instead, gathering a few members of his tribe, he started for the ancient hunting grounds of his tribe, Intend ing to bury the child where genera- tions of Ponca chiefs lay. Schurz heard of the runaways, and through . the war department tele graphed Gen. Crook, in Omaha, to ar rest the Indians and return them r to Indian Territory. But the chief of the Omahas, Iron Eye, went to meet the Ponoas and of fered them a haven of refuge on the Omaha reservation. "We have all the land Standing Bear and bis people wish for; we have corn and meat in plenty; come live with us." Bald Iron Eye. But the government, through Schurz, said "No." 3o Crook arrested the old chief and brought him and bis followers down to Omaha. And with them came the wagon bearing the dead child. 'Standing Bear told Crook his indi vldual story. The great Indian lighter knew the general history of the In ilians and was already indignant at their treatment, but the treatment ac corded Standing Bear was too much, and even the stern warrior rebelled Campaign Mapped Out. That night Crook came Into Omaha and had an all-night's conference -with Tibbies, then an editorial writer on a newspaper. A campaign of Indians' rights was mapped out, and both men started out the next day to carry out their parts. Crook was to delay returning the In dlans to Indian Territory until a writ of habeas corpus could be asked for from the United States court on tin ground that the -constitution, in ' the fourteenth amendment, guaranteed to all persons born in the United Status equal protection of the law. Tibbies looked out for the legal end of the deal. He went to John I. Web ster, tnen a struggling, unknown young lawyer, laid his case before him, and asked him to defend the rights of the Indian. , "There is no money in It, but there Is fame, honor and glory," said Tib bies. . Webster took the case, and asked and Arrested Standing; Bear. Judge A. J. Poppleton, then general counsel for the Union Pacific, to assist him. and make the argument. Popple tun agreed, and then a writ waa ap plied for in the United States court at Omaha, over which Judge Dundy pre sided. ' . Mads Thousands of Cltlsens. The case came to trial. It was the moat notable trial ever brought in the west, and, in fact, the scops was as wide as any ever tried in the United States, for by its decision 100,000 peo ple were made citizens. Thomas H. Tibbies attended every session of ' that court In his own words he describes It this way: ' "The courtroom was crowded with fashionably dressed women, and the clergy, which had been greatly stirred by the incident, was there In force. Lawyers, every one in Nebraska and many from the big eastern cities; busi ness men, Oen. Crook and his full staff. In their dress uniforms (this was one of the few times in his life that Crook wore his full dress In public), and the Indians themselves, in their gaudy col ors. The courtroom was a galaxy of brilliancy. "On one side stood the army officers, the brilliantly dressed women, and the white people; on the other was Stand ing' Bear, in his official robes aa chief of the Poncas, and with him were his leading men. Far J back in the audience, shrink ing from observation, was an Indian girl who' afterward became famous as lecturer in England and Ametlca. She was later known on both conti nents by a translation of her Indian name, In-sta-the-am-ba, Bright, EyeB. Long and Able Arguments. . Attorney Poppleton's argument waa The Audience Listened Spellbou carefully prepared, and consumed 16 hours In the delivering, occupying the attention of the court for two days. On the third day Mr. Webster Bpoke for six hours. And during all the pro ceedings the courtroom was packed with the beauty and culture of the city. . . "Towards the close of the trial the situation became tense. As the wrongs Inflicted on the Indians were described by the attorneys indignation was often a: white heat, and the Judge made no attempt at suppressing the applause which broke out from time to time. "For the department Mr. Lambert son made a short address, but was lis tened to In' silence. "It was late In the afternoon when the trial drew to a close. The excite ment had been increasing, but it reached a height not before ft It when Judge Dundy announced that Chief Standing Bear would be allvwed to make a speech -in his own behalf. "Not one in that' audience besides the army officers and Mr. Tibbies had ever beard an oration by an Indian chief. All of them had read of the elo quence of Red Jacket and Logan, and they sat there wondering whether the mild-looking old man, with the lines of suffering and sorrow on his furrowed brow and cheek, dressed In the full rober of an Indian chief,' could make a speech at all. "It happened that there was a good Interpreter present the" son of Father Hamilton, a well-known missionary. Standing Bear's Address. "Standing Bear arose. Half-facing the riudlenco he held out Ms right hand and stood motionless so long that the stillness of death which had settled down on the audience became almost unbearable. At last, looking up at the Judge, he said: . " "Thri hand la not the color of yours, but If I prick Jt, the blood will flow and I shall feel pain. The blood la of the same color as yours. God made me, and I am a man. I never committed a crime. If I had, 1 would not stand here to make a defense. 1 wxuild suffer the punishment and make no complaint' 'Still standing, half-facing the audi ence, he looked past the judge out or a window as If gazing upon something far in the distance, and continued: "I seem to be standing on the high bank of a great river, with ; my wife and little girl by my side. I cannot cross the river,, and impassable cliffs arise behind me. I hear the noise of treat waters; I took and see a flood coming. The. waters rise to our, feet and then to Our knees. My little girl slretches her hands toward me and says, "Save me I" "'I stand where no member of my race ever stood before. ' There is no tradition to guide me. The chiefs who preceded me knew nothing of the clr- cumitances that , surround me. I hear only my little girl Bay, "Save me!' Beached Heights of Eloquence. " 'In despair I look toward the cliffs behind me, and I seem to see a dim trail that may lead to a way of life. But 'no Indian.' ever passed over that j trail. It looks to be impassable. (Li make the attempt I take my child by the hand and my wife follows after me. Our hands and our feet are' torn by sarp rocks and our trail is marked by our blood. At last I see a rift in the rocks. A little way beyond there are green prairies,. The swift running wa ter, the Niobrara, pours down between the green hills. There are the graves of my fathers. There again we will pitch our tepee and build our tires. I see the light of the world and of lib erty Just ahead.' , . "The old chief became silent again, and, after an appreciable pause, he turned toward the Judge with such a look of pathos and suffering on his face that none who saw if will forget, and said: ' " 'But In the center of the path there itrtnds a man. Behind him I Bee sol diers In number like the leaves of the trees. If that man gives me permis sion I may pass on to life-and liberty. nd to Standing Dear's Oration. If he refuses, I must go back and sink beneath the flood.' "Then, In a lower tone: " 'You are that man.' "There was silence in the court as the chief eat down. Some tears ran down over the Judge's face. Gen. Crook leaned forward and covered his face with his hands. Some of the ladles sobbed. Orator Given Ovation. "All at once that audience by one common impulse rose to Its feet and such a shout went up as was never haard In a Nebraska courtroom. No one heard Judge Dundy say 'Court Is adjourned.' There was a rush , for Standing Bear. The first to reach him was Gen. Crook. I was second. The ladles, flocked toward him, and for an hour Standing Bear held a reception. 'A few days afterward Judge Dunjr handed down his famous decision In which he announced that an Indian w;is a 'person' and was entitled to the protection of the law. Standing Bear and his followers were set free, and with his old wagon and the body of his dead child he went back to the hunt ing grounds of his fathers and burled the boy with tribal honors. It was the very first time an Indian was ever per mitted to appear in court and have his rights tried." Up at the Ponca reservation there Is an eld 'white-headed Indian (he Is the only known really white-headed In dian, too). It Is old Standing Bear old and decrepit. But he remembers Curl Schurz, and still blames him for nuch of the hardships through which the western Indians passed. When told of the death' of Schurz, the old man smoked a full minute be fore answering the one word of Eng lish which he ever uses: ' "Good." ' Duke of Wellington's Vanity. . Among the portraits at the Royal academy, London, there, are some which could tell stories; some with little touches of idiosyncrasies of sub jects no less than of painters. Is the story of Lawrence's portrait of the Duke of Wellington commonly known? The duke had only one vanity his wrist was like steel. Now, when he waa given the sword of state to carry It was his infinite delight that he was able to carry it upright; all his prede cessors had to slope . It toward the Loulder. He would go. down to pos terity, he resolved, glorified by the power of his wrist , 1 . ' - In vain Sir Thomas Lawrence point ed out that as a matter of art,' It would never do; that the sight of a man perennially carrying a sword from the wrist would fatigue those ' who looked at his picture.' . The duke In sisted upon having his way. Lawrence did manage to smuggle in a cushion upon which the duke seemed to rest his elbow, but close examination shows that arm and cushion do not meet Shifting the Bills. ''- "If you will give me your daughter, elr, we will always live with you.",. ' "Nope; you marry her and I will al lwayf live with you," Houston Post. . THE LAND OF DEATH ' S AESBBOBOaBBi . A STORY OF THE HEBREW PEOPLE'S ' STRUGGLE FOR PREtDOM Br Um "Hlatwajr aad Brw" rWW ICupyrtuM, iwt, ljr W. a. Jklwa-) Scriptural Authority. Exodus 12:29- 36. O ONE. in that gay throng In J the palace that ' night realized the deep unrest of Pharaoh. With feverish eagerness he threw himself Into the festlvl- ' ties, and seemed the gayest of the gay, but had there been any one present free from the fascination of the brilliant scene, ancTVith eyes to observe he would readily have de tected underneath the king's gay ex terior a nervous apprehension, and noted that In the depths of the spark ling eyes which looked upon the scene there lurked an expression of fear and terror. And If one had watched him he would soon have no ticed that not for an Instant did he lose sight of his first born son In whose honor the brilliant function had been arranged. With an eagerness and Intensity almost painful his eyes followed the young man's every move, and If for an Instant he was lost sight of amidst the throng he would start up uneaBlly and shift his position un til he had again brought him within range of his vision. Two weeks had passed since his last Interview with Moses, but try as he would he could not forget his solemn warning. He had made light of It He had persuaded himself that he In whom the spirit of the Egyptian gods rested had nothing to fear. Day by day l.o had kept his son near him, quite confident that thus he could ward off any evil thing which might seek to overtake him. But as the days came and went the fear and ap prehension wore on his nerves and on the day before he had sought diversion Tor himself and entertainment for his son In the present function. But there was no thought or inclina tion on his part of listening to Moses or of heeding his warning, for his haughty, proud, unyielding spirit turned his heart hard as flint and in great anger he had driven Moses from his presence vowing if he should again show his face he would lose his life, But try as he would he could not for get Moses' word of Judgment against the first born of Egypt and against his own son. He did not believe It, and yet he could not dismiss the thought from his mind. He had con suited the astrologers of the temple and his wise men who had assured him that the stars and all signs were auspicious for a long life and success ful reign for his son. But notwith standing these reassuring words he felt apprehensive and whether asleep or awake the vision of Moses was ever before him and the words he had spoken kept ringing in his ears: About midnight will Jehovah' go out In the midst of Egypt and all the first-born in the. land shall die, from the, first born of Pharaoh even unto the' first born of the hand maiden." "Midnight!" "The first born, even the son of Pharaoh!" How eagerly and Intensely he had watched his son since then! How anxiously he had counted the time at the midnight hour. Thus the days had passed. But he was not content to let the matter rest there, for he sent his mes sengers secretly to Goshen to spy on Moses and find out what was transpir ing there. And when he had learned of the singular preparations under way he felt more than ever uneasy and troubled. The last Information he had re ceived had been obtained the day be fore when his messenger told him of the preparations which the Hebrews were making for the sacrifice of a lamb, the blood of whch was to be sprinkled upon the lintel and Bide posts of the doorways of the people, for, said they solemnly, "The Lord is to pass through the land." "Said they that?" exclaimed Phar noh, as Moses' words came with new force to him. Yes," responded the messenger. who had been deeply Impressed with what he had seen and heard. "Yes, the Hebrews seem desperately in earn est, and they evidently believe that their God la about to do some wonder ful thing. And as near as I could dis cover from, their conversation, they expect the visitation at midnight, and have all been told to shut themselves In their homes, lest death should over take them." , Pharaoh paled visibly, and silently and sullenly dismissed his messenger, and then moved by a reckless spirit of defiance he had planned for the bril liant court .affair of that evening, thinking to so surround himself and his son with the IhrUl and throb of court life as to defy even death. But as the evening wore on Pharaoh grew more and xaore restive. The mo ments, as they passed seemed like hours,! , and , time and time again he sent his attendant to find whether the midnight ' watch had yet been set The last time the attendant had re turned saying that it still lacked some time of the hour, his son had :. been standing, at his side, and had sake J, .Jokingly, why he was so concerned about the midnight hour. . "If It thy purpose to end this festive eens at that umsT .Tom wui n hard taSK upon UJ aaaiw, tur tuv tlvltles are Just at their height, and thou dost know that to send tne guests -home unsatisfied Is to Incur their dis pleasure. And as for me there , are many things I have In mind to do and talk about ere I am willing to see my frioiiiti rfnarti ." An saving which - he had turned and went off In the di rection of a group of his friends who were even then motioning him to hasten and share In the fun the lead- , lng spirit of the group had proposed. ktiA Pharanh had Watched' him CO . with a llrhter heart and stronger ,. assurance. Ana caning nis auenuaui. he ordered the wine and drank with great gusto to the gods of tHe Egyp tians, and to the future favor ana blessing of his son. So cheerful did bis spirits grow taai ne torgoi wui the matters which bad so greatly dis tressed him about the midnight hour and the Judgment of the Hebrew God ana as ne inrew nimseu inu iu gayetles that were now at their height. the time sped unnoticed. Once more 1 let us drink to the goas oi fegypi, D9 cneu. ww great god that smiles upon the land by day and that plans greater glories for his favored ones by night" . A great shout greeted the kings proposal, and again the wine flowed freely. "And here's to the king's son, snout ed a voice as the young man, the cen ter of an animated group, was seen approaching. watched the young man with glowing pride. What a picture of health and beauty he was. With all of life be- possiblllties! go Pharaoh thought, and well he migm, ior ine young man waa wen favored In form and face, and bore himself with grace and dignity. At the father watched htm advancing across tne raarDie noor oi me great ruvw, m heart leaped with pride and triumph, and ho muttered to himself: "Where Is Moses' boasted Judgment? . Tho gods of the Egyptians still reign, and the God of the Hebrews Is no god at all." . , Suddenly, and even while the words were warm upon his lips, he saw a deadly pallor overspread the face of his boy. He saw him lift his hands high above his head, while an agony of fear distorted his features, and with one piercing cry, he fell forward upon his face. , Paralyzed by the sight and the awful fear whlrh afi7-1 him tha Vlnff lnnkorl upon the ccene with eyes which almost started from their sockets. His hands gripped the Ivory arms of his throne with an intensity which almost crushed the delicately-carved ornaments. Tho father's eyes never moved from the ob ject lying there prostrate upon tne ground, and he did not Be that here and there throughout the vast room, there were others falling to the ground. ne am not seem to near me cries oi terror and anguish all about him. Ho saw but one thingand that was the form of his son lying upon the floor. Could it be possible that he who was a ..1t i 1 1 mnA ..In.tlmi in In. stant before was lying there now still In death? .;.'.' "No! No! No!" he cried; "It can not be; It shall not be." And leaping from his seat with a fierce cry of de spair and grief, he hurried towards him. But as he rushed blindly for ward, be stumbled and fell over anoth er prostrate form, and looking around he beheld a sight which congealed his : verv blood and made him tremble. for on every hand the dead were lying. while the living, panic-stricken and horrified, rushed wildly about and filled the air with their cries. It was sight to make the strongest man faint and falter. The king paused for but an instant and then throwing him. self at the side of bla dead son he called upon him to speak to him, to say Just one , word, and when there came no response, he staggered to his feet, wringing his hands and calling upon his gods to help, and cursing Moses and his God with awful oaths. .At that moment a messenger hastily entered. "Death! Death! Death, rules every- where!" he cried In a high-pitched, horror-stricken voice. "Egypt has Y .t.n1.. tTnnt. Dk..k van Moses and his people forth, or we be all dead men!" Helpless, hopeless, Pharaoh looked about him. Could he do It? The last time the Hebrew leader had appeared before him he bad told him he would see his face no more, and that If ha did it would mean death to Moses, and now Instead death had stricken his own home and the home of every Egyp tian, throughout the land. But even while be hesitated, the living among the dead about hint cried insistently that Umm ha alla1 and at 1at hit yielded. ' y Between the rows of dead Moses passed up the palace hall and came and stood before the great Pharaoh, who, with averted face and trembling voice, exciaimea: - am up uiu cv vu tvi ku. iiuui among my people; both ye and the children of Israel; and go serve the Lord as ye have said." He paused. ' "And how about our flocks , and herds?" Moses asked.- ' "Yea, also take your flocks and herds as. ye . bare said, and be gone; and bleas me also," he added, his volet dropping to a whisper. Without a word Moses turned and 'as ho Iftft tha nalaia tha arrlaf.atrlnfcan people thronged him and urged with piteous cries and pleadings that he would depart with his pet.ple at once. And so Insistent were they that all the' way to Goshen they followed him. bearing In their hands all manner of gifts, which they thrust upon the peo ple, and urging that they delay not their departure, for, sail they; -"Wa be all dead men," ' Li,'-' :u.