In 1803 Captain Lewis and Lieutenant Clarke, of the First United States Infantry, were commissioned by Congress to explore the river Missouri from its mouth to its source, to "seek the best water communication from thence to the Pacific Ocean," and to enter into conference with all the Indian tribes on their route, with a view to the establishment of commerce with them. They report the "Poncars" as "the remnant of a nation once respectable in point of numbers; they formerly resided on a branch of the Red River of Lake Winnipeg; being oppressed by Sioux, they removed to the west side of the Missouri, on Poncar River, where they built and fortified a village, and remained some years; but, being pursued by their ancient enemies, the Sioux, and reduced by continual wars, they have joined and now live with the Mahas (Omahas), whose language they speak." Their numbers are estimated by Lewis and Clarke as being only about two hundred, all told; but this small estimate is probably to be explained by the fact that at this time the tribe was away on its annual buffalo-hunt, and their village had been so long empty and quiet that a buffalo was found grazing there. A few years later the tribe is reckoned at four hundred: in a census of the Indian tribes, taken by General Porter in 1829, they are set down at six hundred. The artist Catlin, who visited them a few years later, rated them a little less. He gives an interesting account of the chief of the tribe, named Shoo-de-ga-cha (Smoke), and his young and pretty wife, Hee-la'h-dee (the Pure Fountain), whose portraits he painted. He says: "The chief, who was wrapped in a buffalo-robe, is a noble specimen of native dignity and philosophy. I conversed much with him, and from his dignified manners, as well as from the soundness of his reasoning; I became fully convinced that he deserved to be the sachem of a more numerous and prosperous tribe. He related to me with great coolness and frankness the poverty and distress of his nation—and with the method of a philosopher predicted the certain and rapid extinction of his tribe, which he had not the power to avert. Poor, noble chief, who was equal to and worthy of a greater empire! He sat on the deck of the steamer, overlooking the little cluster of his wigwams mingled among the trees, and, like Caius Marius weeping over the ruins of Carthage, shed tears as he was descanting on the poverty of his ill-fated little community, which he told me had 'once been powerful and happy; that the buffaloes which the Great Spirit had given them for food, and which formerly spread all over their green prairies, had all been killed or driven out by the approach of white men, who wanted their skins; that their country was now entirely destitute of game, and even of roots for food, as it was one continuous prairie; and that his young men, penetrating the countries of their enemies for buffaloes, which they were obliged to do, were cut to pieces and destroyed in great numbers. That his people had foolishly become fond of fire-water, and had given away everything in their country for it; that it had destroyed many of his warriors, and would soon destroy the rest; that his tribe was too small and his warriors too few to go to war with the tribes around them; that they were met and killed by the Sioux on the north, by the Pawnees on the west, by the Osages and Konzas on the south, and still more alarmed from the constant advance of the pale faces—their enemies from the east—with whiskey and small-pox, which already had destroyed four-fifths of his tribe, and would soon impoverish and at last destroy the remainder of them.' In this way did this shrewd philosopher lament over the unlucky destiny of his tribe, and I pitied him with all my heart."

The day before Catlin arrived at this village this old chief's son—the young Hongs-kay-de—had created a great sensation in the community by accomplishing a most startling amount of bigamy in a single day. Being the chief's son, and having just been presented by his father with a handsome wigwam and nine horses, he had no difficulty whatever in ingratiating himself with the fathers of marriageable daughters, and had, with ingenious slyness, offered himself to and been accepted by four successive fathers-in-law, promising to each of them two horses—enjoining on them profound secrecy until a certain hour, when he would announce to the whole tribe that he was to be married. At the time appointed he appeared, followed by some of his young friends leading eight horses. Addressing the prospective father-in-law who stood nearest him, with his daughter by his side, he said, "You promised me your daughter: here are the two horses." A great hubbub immediately arose; the three others all springing forward, angry and perplexed, claiming his promises made to them. The triumphant young Turk exclaimed, "You have all now acknowledged your engagements to me, and must fulfil them. Here are your horses." There was nothing more to be said. The horses were delivered, and Hongs-kay-de, leading two brides in each hand, walked off with great dignity to his wigwam.

This was an affair totally unprecedented in the annals of the tribe, and produced an impression as profound as it could have done in a civilized community, though of a different character—redounding to the young prince's credit rather than to his shame—marking him out as one daring and original enough to be a "Big Medicine." Mr. Catlin says that he visited the bridal wigwam soon afterward, and saw the "four modest little wives seated around the fire, seeming to harmonize very well." Of the prettiest one—"Mong-shong-shaw" (the Bending Willow)—he took a portrait, and a very sweet-faced young woman she is too, wrapped in a beautifully ornamented fur robe, much handsomer and more graceful than the fur-lined circulars worn by civilized women.

The United States' first treaty with this handful of gentle and peaceable Indians was made in 1817. It was simply a treaty of peace and friendship.

In 1825 another was made, in which the Poncas admit that "they reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection." They also admit "the right of the United States to regulate all trade and intercourse with them." The United States, on their part, "agree to receive the Poncar tribe of Indians into their friendship and under their protection, and to extend to them from time to time such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States."

After this there is little mention, in the official records of the Government, of the Poncas for some thirty years. Other tribes in the Upper Missouri region were so troublesome and aggressive that the peaceable Poncas were left to shift for themselves as they best could amidst all the warring and warring interests by which they were surrounded. In 1856 the agent of the Upper Platte mentions incidentally that their lands were being fast intruded upon by squatters; and in 1857 another agent reports having met on the banks of the Missouri a large band of Poncas, who made complaint that all the Indians on the river were receiving presents and they were overlooked; that the men from the steamboats cut their trees down, and that white settlers were taking away all their land. In 1858 the Commissioner for Indian Affairs writes: "Treaties were entered into in March and April last with the Poncas and Yankton Sioux, who reside west of Iowa, for the purpose of extinguishing their title to all the lands occupied and claimed by them, except small portions on which to colonize and domesticate them. This proceeding was deemed necessary in order to obtain such control over these Indians as to prevent their interference with our settlements, which are rapidly extending in that direction. These treaties were duly laid before the Senate at its last regular session, but were not, it is understood, finally acted on by that body.

"Relying on the ratification of their treaty, and the adoption of timely measures to carry out its provisions in their favor the Poncas proceeded in good faith to comply with its stipulations by abandoning their settlements and hunting-grounds, and withdrawing to the small tract reserved for their future home. Being without a crop to rely upon, and having been unsuccessful in their usual summer hunt, they were reduced to a state of desperation and destitution. As nothing had been done for them under the treaty, they concluded it was void, and threatened to fall back upon their former settlements, some of the most important of which had, in the mean time, been taken possession of by numerous white persons."

The Poncas never heard of Grotius or Vattel; but, in assuming that the treaty was void because it was not fulfilled, they only acted on the natural principles of the law of nations and of treaties, as laid down by all authorities. Thucydides said: "They are not the first breakers of a league who, being deserted, seek for aid to others, but they that perform not by their deeds what they have promised to do upon their oaths."

In consequence of this delay to fulfil the treaty provisions, the Government was forced to step in at the last moment and "incur a heavy expense" in furnishing the Poncas with food enough to keep them from starving; and in 1859, under this pressure, the Senate ratified the treaty. By it the Poncas ceded and relinquished to the United States all the lands they had ever owned or claimed, "wherever situate," except a small tract between the Ponca and Niobrara rivers. In consideration of this cession, the United States Government agreed "to protect the Poncas in the possession of this tract of land, and their persons and property thereon, during good behavior on their part; to pay them annuities annually for thirty years—$12,000 for the first five years, then $10,000 for ten years, then $8000 for fifteen years; to expend $20,000 for their subsistence during the first year, for building houses, etc.; to establish schools, and to build mills, mechanics' shops, etc.; to give $20,000 for the payment of the existing obligations of the tribe."

Two years later the agent newly appointed to take charge of the Poncas reports to the Department the amount of improvements made on the reservation: "One saw and grist-mill; two agency houses—story and a half houses—without inside lining or plastering, 16 by 26 and 18 by 32 feet in size; six small round log-houses (three with a small shed for a stable), a light log-corral for cattle, and a canvas shed for storing under; and about sixty acres of ground, broken, comprised all the improvements."

Evidently a very small part of the $20,000 had been spent as yet. He did not find an Indian on the reservation. From fear of the Sioux (who in 1860 had stolen from them more than half the horses they owned) they had moved down the Niobrara River, some twenty miles nearer the Missouri. It was with the greatest difficulty that the agent induced them to return; and after they did so, they huddled their tents close about the agency buildings, and could not be induced to go half a mile away unless accompanied by some of the white employÉs.

As the agent had no food to feed them with, and no money to buy any (spite of the appropriation of $20,000 for subsistence and house-building), he induced them to go off on a hunt; but in less than a month they came straggling back, "begging for provisions for their women and children, whom they had left on the plains half-starved, having been unable to find any game, or any food except wild-turnips. Some of them went to visit the Omahas, others the Pawnees, where they remained until the little corn they had planted produced roasting-ears. In the mean time those who were here subsisted mainly on wild-cherries and plums and the wild-turnip, and traded away most of their blankets and annuity goods for provisions."

In 1863 the reports are still more pitiful. "They started on their summer hunt toward the last of May, immediately after the first hoeing of their corn. At first they were successful and found buffaloes; but afterward, the ground being occupied by the Yanktons, who were sent south of the Niobrara by the general commanding the district, and who were about double the number, and with four times as many horses, they soon consumed what meat they had cured, and were compelled to abandon the chase. They commenced to return in the latter part of July. They went away with very high hopes, and reasonably so, of a large crop, but returned to see it all withered and dried up. In the mean time the plains had been burnt over, so that they could not discover the roots they are in the habit of digging. Even the wild-plums, which grow on bushes down in ravines and gullies, are withered and dried on the limbs. The building I occupy was constantly surrounded by a hungry crowd begging for food. *** I am warned by military authority to keep the Poncas within the limits of the reservation; but this is an impossibility. There is nothing within its limits, nor can anything be obtained in sufficient quantity, or brought here soon enough to keep them from starving. *** The Poncas have behaved well—quite as well, if not better than, under like circumstances, the same number of whites would have done. I have known whole families to live for days together on nothing but half-dried corn-stalks, and this when there were cattle and sheep in their sight."

At this time martial law was in force on many of the Indian reservations, owing to the presence of roving bands of hostile Sioux, driven from Minnesota after their outbreak there.

The Poncas through all these troubles remained loyal and peaceable, and were "unwavering in their fidelity to their treaty," says the Indian Commissioner.

In December of this year what the governmental reports call "a very unfortunate occurrence" took place in Nebraska. A party of Poncas, consisting of four men, six women, three boys, and two girls, returning from a visit to the Omahas, had camped for the night about twelve miles from their own reservation. In the night a party of soldiers from a military post on the Niobrara River came to their camp, and began to insult the squaws, "offering money with one hand, and presenting a revolver with the other." The Indians, alarmed, pulled up their lodge, and escaped to a copse of willows near by. The soldiers fired at them as they ran away, and then proceeded to destroy all their effects. They cut the lodge covers to pieces, burnt the saddles and blankets, cut open sacks of beans, corn, and dried pumpkin, and strewed their contents on the ground, and went away, taking with them a skin lodge-covering, beaver-skins, buffalo-robes, blankets, guns, and all the small articles. The Indians' ponies were hid in the willows. Early in the morning they returned with these, picked up all the corn which had not been destroyed, and such other articles as they could find, packed their ponies as best they might, and set off barefooted for home. After they had gone a few miles they stopped and built a fire to parch some corn to eat. Some of the women and children went to look for wild-beans, leaving three women and a child at the camp. Here the soldiers came on them again. As soon as the Indians saw them coming they fled. The soldiers fired on them, wounding one woman by a ball through her thigh; another, with a child on her back, by two balls through the child's thighs, one of which passed through the mother's side. These women were fired on as they were crossing the river on the ice. The soldiers then took possession of the six ponies and all the articles at the camp, and left. The squaws and children who were looking for beans were half a mile below; a little dog belonging to them barked and revealed their hiding-place in the willows. The soldiers immediately turned on them, dismounted, and, making up to them, deliberately shot them dead as they huddled helplessly together—three women and a little girl!

One of the boys, a youth, ran for the river, pursued by the soldiers. On reaching the river he dived into the water through a hole in the ice; as often as he lifted his head they fired at him. After they went away he crawled out and escaped to the agency. One of the murdered women, the mother of this boy, had three balls in her head and cheek, her throat cut, and her head half-severed by a sabre-thrust; another, the youngest woman, had her cloth skirt taken off and carried away, and all her other clothes torn from her body, leaving it naked!

The men who did this deed belonged to Company B of the Seventh Iowa Cavalry.

The outrage was promptly reported to the Department, and the general commanding the Nebraska District detailed an officer to examine into it. There was some correspondence between the military authorities relative to it, but with no result; and in the report of the next year the Indian Commissioner says: "Attention was called last year to the fact that the murderers of several of this loyal and friendly tribe had not been discovered and punished. I trust that, as there seems to be no probability that this will be done, a special appropriation may be made for presents to the relatives of the deceased."

In 1865 a supplementary treaty was made with the Poncas, extending their reservation down the Niobrara to the Missouri River; and the Government agreed to pay them $15,000, for the purpose of indemnifying them for the loss they had sustained in this outrage and in others. For the ratification of this treaty also they waited two years; and in 1867 the Superintendent of the Dakota Territory says: "Schools would have been in operation at the Ponca Agency before this time but for the long delay in ratifying the supplementary treaty of 1865; and now that this measure has fortunately been accomplished, there can be no further necessity for delay, and it is confidently believed another year will witness the foundation and rapid progress of an English school at this agency."

This superintendent, having been in office only one year, was probably not familiar with the provisions of the treaty of 1859 with the Poncas, in which, by Article three, the United States Government had promised "to establish and maintain for ten years, at an annual expense not to exceed $5,000, one or more manual labor schools for the education and training of the Ponca youth in letters, agriculture, mechanics, and housewifery."

This educational annuity has but one more year to run, whatever may have been done with it up to this time, it really is now being spent on schools, and it seems a great pity that it should soon cease. The Governor of Dakota, in 1868, evidently thinks so too, for he writes to the Department, in the autumn of 1868: "A school has been in successful operation at this agency (the Ponca) for the past nine months, with an average attendance of about fifty scholars, and with every evidence of advancement in the primary department of an English education. But just at this interesting period of its existence we are notified by the agent that with this fiscal year all funds for school as well as for agricultural purposes cease, agreeably to the terms and conditions of their original treaty. This will be a serious and irreparable calamity if not remedied by the most generous action of the Government. If funds for this purpose cannot be otherwise procured, the Poncas are willing and anxious to transfer their old reservation to the Government for a moderate extension of these important and indispensable benefits."

The governor also says that in the past year the Poncas have paid out of their annuity money for all the improvements which had been made on lands occupied by certain white settlers, who were ejected from their new reservation by the terms of the last treaty.

In the report for 1869 we read that the Ponca school has been "discontinued for want of funds." The Department earnestly recommends an appropriation of $25,000 to put it in operation again. The new Governor of Dakota seconds the recommendation, and regrets to say that, "for the enlightenment of the 35,000 Indians embraced in the Dakota Superintendency, there is not one school in operation."

In 1870 an appropriation of $5,000 was made by the Department from a general educational fund, for the purpose of resuming this school. The condition of the Poncas now is, on the whole, encouraging; they are "not only willing, but extremely anxious to learn the arts by which they may become self-supporting, and conform to the usages of white men. With the comparatively small advantages that have been afforded them, their advancement has been very great."

In the summer of 1869 they built for themselves sixteen very comfortable log-houses; in the summer of 1870 they built forty-four more; with their annuity money they bought cookstoves, cows, and useful implements of labor. They worked most assiduously in putting in their crops, but lost them all by drought, and are in real danger of starvation if the Government does not assist them. All this while they see herds of cattle driven across their reservation to feed the lately hostile Sioux—flour, coffee, sugar, tobacco, by the wagon-load, distributed to them—while their own always peaceable, always loyal, long-suffering tribe is digging wild roots to eat, and in actual danger of starvation. Nevertheless they are not discouraged, knowing that but for the drought they would have had ample food from their farms, and they make no attempts to retaliate on the Sioux for raiding off their horses and stock, because they hope "that the Government will keep its faith with them," and that suitable remuneration for these losses will be made them, according to the treaty stipulations.

For the next two years they worked industriously and well; three schools were established; a chapel was built by the Episcopal mission; the village began to assume the appearance of permanence and thrift; but misfortune had not yet parted company with the Poncas. In the summer of 1873 the Missouri River suddenly overflowed, washed away its banks hundreds of yards back, and entirely ruined the Ponca village. By working night and day for two weeks the Indians saved most of the buildings, carrying them half a mile inland to be sure of safety. The site of their village became the bed of the main channel of the river; their cornfields were ruined, and the lands for miles in every direction washed and torn up by the floods.

"For nearly two weeks," the agent writes, "the work of salvage from the ever-threatening destruction occupied our whole available force night and day. We succeeded in carrying from the river bank to near half a mile inland the whole of the agency buildings, mechanics' houses, stabling, and sheds—more than twenty houses—nearly every panel of fencing. The Poncas worked well and long, often through the night; and the fact that the disaster did not cost us ten dollars of actual loss is to be attributed to their labor, continuous and persevering—working sometimes over the swiftly-flowing waters, terrible and turbid, on the edge of the newly-formed current but a few inches below them, and into which a fall would have been certain death, even for an Indian."

In one year after this disaster they had recovered themselves marvellously; built twenty new houses; owned over a hundred head of cattle and fifty wagons, and put three hundred acres of land under cultivation (about three acres to each male in the tribe). But this year was not to close without a disaster. First came a drought; then three visitations of locusts, one after the other, which so completely stripped the fields that "nothing was left but a few prematurely dry stalks and straw." One hundred young trees which had been set out—box-elder, soft maple, and others—withered and died.

In 1875 the locusts came again, destroyed the corn and oats, but left the wheat. Much of this crop, however, was lost, as there was only one reaping-machine on the agency, and it could not do all of the work. Many of the Indians saved a part of their crop by cutting it with large butcher-knives; but this was slow, and much of the wheat dried up and perished before it could be harvested by this tedious process.

This year was also marked by a flagrant instance of the helplessness of Indians in the courts. Two Poncas were waylaid by a party of Santees, one of the Poncas murdered, and the other seriously wounded. This occurred at the Yankton Agency, where both parties were visiting. When the case was brought up before the courts, a motion was made to quash the indictment for want of jurisdiction, and the judge was obliged to sustain the motion, there being under the present laws no jurisdiction whatever "over crimes committed by one Indian on the person or property of another Indian in the Indian country."

In 1876 the project of consolidating all the Indians in the United States upon a few reservations began to be discussed and urged. If this plan were carried out, it would be the destiny of the Poncas to go to the Indian Territory. It was very gratuitously assumed that, as they had been anxious to be allowed to remove to Nebraska and join the Omahas, they would be equally ready to remove to Indian Territory—a process of reasoning whose absurdity would be very plainly seen if it were attempted to apply it in the case of white men.

After a series of negotiations, protestations, delays, and bewilderments, the tribe at last gave what the United States Government chose to call a "consent" to the removal. The story of the influences, deceits, coercions brought to bear on these unfortunate creatures before this was brought about, is one of the most harrowing among the harrowing records of our dealings with the Indians. A party of chiefs were induced, in the first place, to go, in company with a United States inspector—Kemble by name—to the Indian Territory, to see whether the country would suit them. It was distinctly promised to them that, if it did not suit them, they should then be permitted to go to Washington and consult with the President as to some further plan for their establishment.

The story of this journey and of its results is best told in the words of one of the Ponca chiefs, Standing Bear. No official document, no other man's narrative—no, not if a second Homer should arise to sing it—could tell the story so well as he tells it:

"We lived on our land as long as we can remember. No one knows how long ago we came there. The land was owned by our tribe as far back as memory of men goes.

"We were living quietly on our farms. All of a sudden one white man came. We had no idea what for. This was the inspector. He came to our tribe with Rev. Mr. Hinman. These two, with the agent, James Lawrence, they made our trouble.

"They said the President told us to pack up—that we must move to the Indian Territory.

"The inspector said to us: 'The President says you must sell this land. He will buy it and pay you the money, and give you new land in the Indian Territory.'

"We said to him: 'We do not know your authority. You have no right to move us till we have had council with the President.'

"We said to him: 'When two persons wish to make a bargain, they can talk together and find out what each wants, and then make their agreement.'

"We said to him: 'We do not wish to go. When a man owns anything, he does not let it go till he has received payment for it.'

"We said to him: 'We will see the President first.'

"He said to us: 'I will take you to see the new land. If you like it, then you can see the President, and tell him so. If not, then you can see him and tell him so.' And he took all ten of our chiefs down. I went, and Bright Eyes' uncle went. He took us to look at three different pieces of land. He said we must take one of the three pieces, so the President said. After he took us down there he said: 'No pay for the land you left.'

"We said to him: 'You have forgotten what you said before we started. You said we should have pay for our land. Now you say not. You told us then you were speaking truth.' All these three men took us down there. The man got very angry. He tried to compel us to take one of the three pieces of land. He told us to be brave. He said to us: 'If you do not accept these, I will leave you here alone. You are one thousand miles from home. You have no money. You have no interpreter, and you cannot speak the language.' And he went out and slammed the door. The man talked to us from long before sundown till it was nine o'clock at night.

"We said to him: 'We do not like this land. We could not support ourselves. The water is bad. How send us to Washington, to tell the President, as you promised.'

"He said to us: 'The President did not tell me to take you to Washington; neither did he tell me to take you home.'

"We said to him: 'You have the Indian money you took to bring us down here. That money belongs to us. We would like to have some of it. People do not give away food for nothing. We must have money to buy food on the road.'

"He said to us: 'I will not give you a cent.'

"We said to him: 'We are in a strange country. We cannot find our way home. Give us a pass, that people may show us our way.'

"He said: 'I will not give you any.'

"We said to him: 'This interpreter is ours. We pay him. Let him go with us.'

"He said: 'You shall not have the interpreter. He is mine, and not yours.'

"We said to him: 'Take us at least to the railroad; show us the way to that.'

"And he would not. He left us right there. It was winter. We started for home on foot. At night we slept in hay-stacks. We barely lived till morning, it was so cold. We had nothing but our blankets. We took the ears of corn that had dried in the fields; we ate it raw. The soles of our moccasins wore out. We were barefoot in the snow. We were nearly dead when we reached the Otoe Reserve. It had been fifty days. We stayed there ten days to strengthen up, and the Otoes gave each of us a pony. The agent of the Otoes told us he had received a telegram from the inspector, saying that the Indian chiefs had run away; not to give us food or shelter, or help in any way. The agent said: 'I would like to understand. Tell me all that has happened. Tell me the truth.'"

(This Otoe agent afterward said that when the chiefs entered his room they left the prints of their feet in blood on the floor as they came in.)

"Then we told our story to the agent and to the Otoe chiefs—how we had been left down there to find our way.

"The agent said: 'I can hardly believe it possible that any one could have treated you so. That inspector was a poor man to have done this. If I had taken chiefs in this way, I would have brought them home; I could not have left them there.'

"In seven days we reached the Omaha Reservation. Then we sent a telegram to the President: asked him if he had authorized this thing. We waited three days for the answer. No answer came.

"In four days we reached our own home. We found the inspector there. While we were gone, he had come to our people and told them to move.

"Our people said: 'Where are our chiefs? What have you done with them? Why have you not brought them back? We will not move till our chiefs come back.'

"Then the inspector told them: 'To-morrow you must be ready to move. If you are not ready you will be shot.' Then the soldiers came to the doors with their bayonets, and ten families were frightened. The soldiers brought wagons; they put their things in and were carried away. The rest of the tribe would not move.

"When we got there, we asked the inspector why he had done this thing, and he got very angry.

"Then we said to him: 'We did not think we would see your face again, after what has passed. We thought never to see your face any more. But here you are.'

"We said to him: 'This land is ours. It belongs to us. You have no right to take it from us. The land is crowded with people, and only this is left to us.'

"We said to him: 'Let us alone. Go away from us. If you want money, take all the money which the President is to pay us for twelve years to come. You may have it all, if you will go and leave us our lands.'

"Then, when he found that we would not go, he wrote for more soldiers to come.

"Then the soldiers came, and we locked our doors, and the women and children hid in the woods. Then the soldiers drove all the people the other side of the river, all but my brother Big Snake and I. We did not go; and the soldiers took us and carried us away to a fort and put us in jail. There were eight officers who held council with us after we got there. The commanding officer said: 'I have received four messages telling me to send my soldiers after you. Now, what have you done?'

"Then we told him the whole story. Then the officer said: 'You have done no wrong. The land is yours; they had no right to take it from you. Your title is good. I am here to protect the weak, and I have no right to take you; but I am a soldier, and I have to obey orders.'

"He said: 'I will telegraph to the President, and ask him what I shall do. We do not think these three men had any authority to treat you as they have done. When we own a piece of land, it belongs to us till we sell it and pocket the money.'

"Then he brought a telegram, and said he had received answer from the President. The President said he knew nothing about it.

"They kept us in jail ten days. Then they carried us back to our home. The soldiers collected all the women and children together; then they called all the chiefs together in council; and then they took wagons and went round and broke open the houses. When we came back from the council we found the women and children surrounded by a guard of soldiers.

"They took our reapers, mowers, hay-rakes, spades, ploughs, bedsteads, stoves, cupboards, everything we had on our farms, and put them in one large building. Then they put into the wagons such things as they could carry. We told them that we would rather die than leave our lands; but we could not help ourselves. They took us down. Many died on the road. Two of my children died. After we reached the new land, all my horses died. The water was very bad. All our cattle died; not one was left. I stayed till one hundred and fifty-eight of my people had died. Then I ran away with thirty of my people, men and women and children. Some of the children were orphans. We were three months on the road. We were weak and sick and starved. When we reached the Omaha Reserve the Omahas gave us a piece of land, and we were in a hurry to plough it and put in wheat. While we were working the soldiers came and arrested us. Half of us were sick. We would rather have died than have been carried back; but we could not help ourselves."

Nevertheless they were helped. The news of their arrest, and the intention of the Government to take them back by force to Indian Territory, roused excitement in Omaha. An Omaha editor and two Omaha lawyers determined to test the question whether the Government had a legal right to do it. It seemed a bold thing, almost a hopeless thing, to undertake. It has passed into a proverb that Providence is on the side of the heaviest battalions: the oppressed and enslaved in all ages have felt this. But there are times when a simple writ of habeas corpus is stronger than cannon or blood-hounds; and this was one of these times. Brought into the District Court of the United States for the District of Nebraska, these Poncas were set free by the judge of that court. Will not the name of Judge Dundy stand side by side with that of Abraham Lincoln in the matter of Emancipation Acts?

The Government attorney, the Hon. G. M. Lambertson, made an argument five hours long, said to have been both "ingenious and eloquent," to prove that an Indian was not entitled to the protection of the writ of habeas corpus, "not being a person or citizen under the law."

Judge Dundy took several days to consider the case, and gave a decision which strikes straight to the root of the whole matter—a decision which, when it is enforced throughout our land, will take the ground out from under the feet of the horde of unscrupulous thieves who have been robbing, oppressing, and maddening the Indians for so long, that to try to unmask and expose their processes, or to make clean their methods, is a task before which hundreds of good men—nay, whole denominations of good men—disheartened, baffled, and worn-out, have given up.

When Standing Bear found that by the decision of Judge Dundy he was really a free man, and could go where he pleased, he made a speech which should never be forgotten or left out in the history of the dealings of the United States Government with the Indians.

After a touching expression of gratitude to the lawyers who had pleaded his cause, he said: "Hitherto, when we have been wronged, we went to war to assert our rights and avenge our wrongs. We took the tomahawk. We had no law to punish those who did wrong, so we took our tomahawks and went to kill. If they had guns and could kill us first, it was the fate of war. But you have found a better way. You have gone into the court for us, and I find that our wrongs can be righted there. Now I have no more use for the tomahawk. I want to lay it down forever."

Uttering these words with eloquent impressiveness, the old chief, stooping down, placed the tomahawk on the floor at his feet; then, standing erect, he folded his arms with native dignity, and continued: "I lay it down. I have no more use for it. I have found a better way."

Stooping again and taking up the weapon, he placed it in Mr. Webster's hands, and said: "I present it to you as a token of my gratitude. I want you to keep it in remembrance of this great victory which you have gained. I have no further use for it. I can now seek the ways of peace."

The first use that Standing Bear made of his freedom was to endeavor to procure the freedom of his tribe, and establish their legal right to their old home in Dakota. Accompanied by a young and well-educated Omaha girl and her brother as interpreters, and by Mr. Tibbles, the champion and friend to whom he owed his freedom, he went to the Eastern States, and told the story of the sufferings and wrongs of his tribe to large audiences in many of the larger cities and towns. Money was generously subscribed everywhere for the purpose of bringing suits to test the question of the Poncas' legal right to the lands which the United States Government had by treaty ceded to them in specified "townships," thus giving to them the same sort of title which would be given to any corporation or individual.

Very soon this movement of Standing Bear and his companions began to produce on the community a strong effect, shown by the interest in their public meetings, and by expressions of strong feeling in the newspapers. This attracted the attention of the authorities at Washington. Letters were published contradicting many of Standing Bear's assertions; statements were circulated injurious to the reputation of all members of the party. A careful observer of the whole course of the Department of the Interior in this matter could not fail to come to the conclusion that for some mysterious, unexplained, and unexplainable reason the Department did not wish—in fact, was unwilling—that the Ponca tribe should be reinstated on its lands. Discussions on the matter grew warm. The inspector who had been concerned in their removal published long letters reflecting equally on the veracity of Standing Bear and of the Secretary of the Interior. Standing Bear replied in a few pithy words, which were conclusive in their proving of the falsity of some of the inspector's statements. The Secretary, also, did not think it beneath his dignity to reply in successive newspaper articles to the inspector's reflections upon him; but the only thing that was made clear by this means was that either the Secretary or the inspector, or both, said what was not true.

In Boston the interest in the Ponca case reached such a height that a committee was appointed to represent the case in Washington, and to secure legislation upon it. Standing Bear and his party went to Washington, and, in spite of the secret hostility of the Interior Department, produced a powerful impression upon Congress. Senator Dawes, of Massachusetts, and Senator Morgan, of Alabama, both became warm advocates of their cause. The subject once started, case after case came up for investigation; and the Congressional committees called for evidence in regard to several of the more striking instances of injustice to Indians.

White Eagle, one of the Ponca chiefs, who had lost his wife and four children, and who was himself fast sinking under disease developed by the malarial Indian Territory, came to Washington and gave eloquent testimony in behalf of his tribe. The physicians there predicted that he had not three months to live. A bill was introduced into Congress for restoring to the Poncas their old reservation in Dakota, and putting their houses, farms, etc., in the same good condition they were at the time of their removal.

The story of that removal was written out in full at the time by the agent who superintended it. That he should forward this report to the Department of the Interior was natural; but that the Department of the Interior should have been willing to publish it to the country, to have it on the official record of its management of Indian affairs for the year 1877, is strange. It will make a fitting conclusion to this sketch of the history of the Ponca tribe. The name of this agent was E. A. Howard. He calls the report "Journal of the March."

"May 21st. Broke camp at seven o'clock and marched to Crayton, a distance of thirteen miles. Roads very heavy. The child that died yesterday was here buried by the Indians, they preferring to bury it than to have it buried by the white people.

"May 22d. Broke camp at seven o'clock and marched to Neligh, a distance of about twenty-five miles. The day was cool, and, the road being high and comparatively good, the travel was made without much inconvenience.

"May 23d. The morning opened with light rain; but at eight o'clock a terrific thunder-storm occurred of two hours' duration, which was followed by steady rain throughout the day, in consequence of which we remained in camp. During the day a child died, and several women and children were reported sick, and medical attendance and medicine were procured for them.

"May 24th. Buried the child that died yesterday in the cemetery at Neligh, giving it a Christian burial. Broke camp at ten o'clock and marched about eight miles, crossing the Elk-horn River about two miles below Oakdale Village. Were unable to cross at Neligh, the road being about two feet under water and the bridges being washed away. The road was fearfully bad, and much time and labor were expended in making the road and bridges at all passable over the Elk-horn flats, where the crossing was effected.

"May 25th. Broke camp at six o'clock and marched twenty miles, to a point on Shell Creek. No wood at this place, and none to be had except what little had been picked up and brought in by the trains. Weather cold, damp, and dreary. The Indians during the day behaved well, and marched splendidly.

"May 26th. The morning opened with a heavy continuous rain, which prevailed until ten o'clock. Broke camp at eleven o'clock and marched eight miles farther down Shell Creek, when it again commenced raining, and we went into camp. The evening set in cold and rainy, and no wood to be had except what was purchased of a settler.

"May 27th. The morning opened cold, with a misty rain. Rain ceased at half-past seven o'clock, and we broke camp at eight and marched eight miles farther down Shell Creek, when, a heavy thunder-storm coming on, we again went into camp. Several of the Indians were here found to be quite sick, and having no physician, and none being attainable, they gave us much anxiety and no little trouble. The daughter of Standing Bear, one of the chiefs, was very low of consumption, and moving her with any degree of comfort was almost impossible, and the same trouble existed in transporting all the sick.

"May 28th. Last evening I gave orders to break camp at five o'clock this morning, intending, if practicable, to reach Columbus before night; but a heavy thunder-storm prevailed at that time. Broke camp at seven o'clock. Marched seven miles, when we came to a slough confluent to Shell Creek, which was only made passable after two hours of active work in cutting willow-brush and bringing a large quantity of wheat straw from a distance of thirty rods, with which we covered the road thickly. After crossing the slough we marched to a point on Shell Creek and camped, having made about fourteen miles during the day.

"May 29th. Broke camp at seven o'clock and crossed Shell Creek. For about five miles the road led over a divide, and was quite good; but in coming down on the flats, which extended for five miles between the Bluffs and Columbus, we found the roads for the entire distance almost impassable, owing to the many deep, miry sloughs which cross the road, and the generally flooded and yielding condition of the soil aside from the sloughs. Teams had to be frequently doubled, in order to get the wagons through. The difficulties were finally overcome, and the train marched into Columbus at two o'clock, and went into camp at Soap Fork, having made a march of about ten miles, the march of five miles across the flats occupying about seven hours. Major Walker, who had accompanied us from the Niobrara River to this place with twenty-five soldiers, under orders from the War Department, took leave of us, and returned to Dakota."

It was asserted again and again by the Secretary of the Interior, and by the inspector, E. C. Kemble, that these Indians were not removed by force—that they consented to go.

In another part of this same report this agent says:

"On the 15th" (six days before the "march" began) "I held another council, which was largely attended by the chiefs, headmen, and soldiers of the tribe, and which was of more than four hours' duration. At this council the Indians maintained that the Government had no right to move them from the reservation, and demanded, as an inducement or equivalent for them to give up the reservation and move to the Indian Territory—first, the payment to them by the Government of the sum of $3,000,000; and, second, that, before starting, I should show to them the sum of $40,000 which they had been told had been appropriated by the Government for their removal. To all of which I replied positively in the negative, telling them that I would not accede to nor consider any demands that they might make; but that I would take under my consideration reasonable requests that they might submit touching their removal, and, as their agent, do what I could for them in promoting their welfare; that I demanded that they should at all times listen to my words; that they should go with me to their new home; and that they should without delay give me their final answer whether they would go peaceably or by force. The Indians refused to give answer at this time; the council closed without definite results; and the Indians dispersed with a sullen look and determined expression."

This evidently was not the "consent" of which we have heard. We come to it presently.

"On the following morning, however, May 16th, they sent word to me, at an early hour, that they had considered my words, and had concluded to go with me, and that they wanted assistance in getting the old and infirm, together with their property, over the Niobrara River, which was much swollen by the rains and at a low temperature."

What a night must these helpless creatures have passed before this "consent" was given! Seven hundred people, more than half of them women and children; a farming people, not armed with rifles, as the Ogallalla Sioux were, when, one year later, on this same ground, the Chief Spotted Tail told Commissioner Hayt that, if he did not give an order to have his tribe on the way back to White Clay Creek in ten days, his young men would go on the war-path at once; and the much-terrified commissioner wrote the order then and there, and the Sioux were allowed to go where they had chosen to go. Behold the difference between the way our Government treats the powerful and treats the weak! What could these Ponca farmers do? They must, "without delay," give their "final answer whether they would go peaceably or by force." What did "by force" mean? It was "by force" that the Government undertook to compel the Cheyennes to go to Indian Territory; and in that Cheyenne massacre the Cheyenne men, women, children, and babies were all shot down together!

What could these Ponca farmers do? What would any father, brother, husband have done under the circumstances? He would have "consented" to go.

The agent, as was wise, took them at their word, quickly, and that very day, "at five o'clock P.M., had the entire tribe, with their effects, across the river, off the reservation, and in camp in Nebraska."

The agent should have said, "with part of their effects," for it was only a part, and a very small part, that this helpless consenting party were allowed to take with them. All their agricultural implements and most of their furniture were left behind.

"It was a hard day's work," the getting the tribe and their "effects" across the river, the agent says; "the river being about forty rods wide, and the current so swift that it was found impossible to move the goods across in any other way than by packing them on the shoulders of the men, the quicksand bottom rendering it unsafe to trust them on the backs of animals; even the wagons having to be drawn across by hand."

Let us dwell for a moment on this picture. Seven hundred helpless, heart-broken people beginning their sad journey by having to ford this icy stream with quicksands at bottom. The infirm, the sick, the old, the infants, all carried "by packing them on the shoulders of the men!" What a scene! The Honorable Secretary of the Interior said, in one of the letters in his newspaper controversy with the inspector in regard to the accounts of this removal, that "the highly-colored stories which are told about the brutal military force employed in compelling their [the Poncas'] removal from Dakota to the Indian Territory are sensational fabrications; at least, the official record, which is very full, and goes into minute details, does not in the least bear them out."

There was never any accusation brought against the "military force" of "brutality" in this removal. The brutality was on the part of the Government. The simple presence of the "military force" was brutal. It meant but one thing. The Indians understood it, and the Government intended that they should understand it; and when the agent of the Government said to these Indians that they must give him their "final answer whether they would go peaceably or by force," he intended that they should understand it. Has anybody any doubt what were the orders under which that "military force" was there? any doubt what it would have been the military duty of Major Walker to have done in case the Poncas had refused to "consent" to go?

And now let us return to the "Official Record," which is, indeed, as the Honorable Secretary of the Interior says, "very full,"and" goes into minute details," and let us see in how much it will "bear us out;" and when we have done with this "Official Record," let us ask ourselves if any imagination could have invented so "highly-colored" a "story" as it tells.

"June 2d. Broke camp at seven o'clock and marched seventeen miles, going into camp near Ulysses. Roads in bad condition.

"June 3d. Had some trouble in getting started. Broke camp at eleven o'clock and marched eight miles. Went into camp on Blue River. Many people sick, one of whom was reported in a dying condition. Had bad roads. Rained during afternoon.

"June 4th. Broke camp at six o'clock. Marched fifteen miles, and went into camp on Lincoln Creek, near Seward.

"June 5th. Broke camp at seven o'clock. Marched fourteen miles, and went into camp near Milford. Daughter of Standing Bear, Ponca chief, died at two o'clock, of consumption.

"June 6th. Remained in camp all day, for the purpose of obtaining supplies. Prairie Flower, wife of Shines White and daughter of Standing Bear, who died yesterday, was here given Christian burial, her remains being deposited in the cemetery at Milford, Nebraska, a small village on Blue River.

"In this connection I wish to take official knowledge and recognition of the noble action performed by the ladies of Milford, in preparing and decorating the body of the deceased Indian woman for burial in a style becoming the highest civilization. In this act of Christian kindness they did more to ameliorate the grief of the husband and father than they could have done by adopting the usual course of this untutored people and presenting to each a dozen ponies. It was here that, looking on the form of his dead daughter thus arrayed for the tomb, Standing Bear was led to forget the burial-service of his tribe, and say to those around him that he was desirous of leaving off the ways of the Indian and adopting those of the white men.

"June 7th. Quite a heavy rain during the afternoon. The storm, most disastrous of any that occurred during the removal of the Poncas under my charge, came suddenly upon us while in camp on the evening of this day. It was a storm such as I never before experienced, and of which I am unable to give an adequate description. The wind blew a fearful tornado, demolishing every tent in camp, and rending many of them into shreds, overturning wagons, and hurling wagon-boxes, camp-equipages, etc., through the air in every direction like straws. Some of the people were taken up by the wind and carried as much as three hundred yards. Several of the Indians were quite seriously hurt, and one child died the next day from injuries received, and was given Christian burial. The storm caused a delay until the 8th for repairs, and for medical attendance upon the injured.

"June 8th. Broke camp at Milford and marched seven miles. Roads very bad. Child died during the day.

"June 9th. Put the child that died yesterday in the coffin and sent it back to Milford, to be buried in the same grave with its aunt, Prairie Flower. Broke camp at seven o'clock and marched to within three miles of Crete.

"June 10th. Broke camp at seven o'clock and marched one mile beyond De Witt, where I employed a physician to visit camp and prescribe for the sick. A woman had a thumb accidentally cut off, which caused further commotion in the camp.

"June 12th. Broke camp at seven o'clock and marched to within two miles of Otoe Agency. Crossed Wolf Creek with a part of the train, the crossing being very difficult; but the Indians worked splendidly."

"The Indians worked splendidly!" Is not this a well-nigh incredible record of patience and long-suffering? These poor creatures, marching from ten to twenty-five miles a day, for twenty-two days, through muddy sloughs, swollen rivers, in tempests and floods and dreary cold, leaving their wives and their children dead by the way—dead of the sufferings of the march—are yet docile, obedient, and "work splendidly!"

"June 13th. After considerable time we succeeded in building a bridge over Wolf Creek out of drift-timber, and succeeded in crossing the balance of the train. Broke camp and marched three miles, and went into camp again near Otoe Agency.

"June 14th. Water-bound, and had to remain in camp all day waiting for creek to run down. The Otoe Indians came out to see the Poncas, and gave them ten ponies.

"June 15th. Still water-bound. Remained in camp all day.

"June 16th. Broke camp at seven o'clock and reached Marysville, Kansas, where we went into camp. During the march a wagon tipped over, injuring a woman quite severely. Indians out of rations, and feeling hostile."

What wonder that the Indians felt hostile? Hunger added to all the rest of their direful misery!

"June 18th. Broke camp at seven o'clock. Marched nine miles and went into camp at Elm Creek. Little Cottonwood died. Four families determined to return to Dakota. I was obliged to ride nine miles on horseback to overtake them, to restore harmony, and settle difficulty in camp. Had coffin made for dead Indian, which was brought to camp at twelve o'clock at night from Blue Rapids. A fearful thunder-storm during the night, flooding the camp-equipage."

This is a "highly-colored" story, indeed! The darkness; the camp flooded by the driving rain; thunder and lightning; a messenger arriving at midnight with a coffin; the four families of desperate fugitives setting out to flee back to their homes! What "sensational fabrication" could compete with this?

"June 19th. The storm of last night left the roads in an impassable condition, and, in consequence, was obliged to remain in camp all day. Buried Little Cottonwood in a cemetery about five miles from camp. ***

"June 25th. Broke camp at six o'clock. Marched to a point about fifteen miles farther up Deep Creek. Two old women died during the day. ***

"June 30th. Broke camp at six o'clock. Passed through Hartford, and camped about six miles above Burlington. A child of Buffalo Chief died during the day. ***

"July 2d. Broke camp at six o'clock. Made a long march of fifteen miles for Noon Camp, for reason that no water could be got nearer. An Indian became hostile, and made a desperate attempt to kill White Eagle, head chief of the tribe. For a time every male in camp was on the war-path, and for about two hours the most intense excitement prevailed, heightened by continued loud crying by all the women and children."

This Indian, who is reported here as having "become hostile," no doubt, tried to kill White Eagle for having allowed the tribe to be brought into all this trouble. It is the general feeling among the less intelligent members of a tribe that their chiefs are bound, under all circumstances, to see that they come to no harm.

"July 9th. Broke camp at six o'clock, passing through Baxter Springs at about one o'clock. Just after passing Baxter Springs a terrible thunder-storm struck us. The wind blew a heavy gale and the rain fell in torrents, so that it was impossible to see more than four or five rods distant, thoroughly drenching every person and every article in the train, making a fitting end to a journey commenced by wading a river and thereafter encountering innumerable storms.

"During the last few days of the journey the weather was exceedingly hot, and the teams terribly annoyed and bitten by green-head flies, which attacked them in great numbers. Many of the teams were nearly exhausted, and, had the distance been but little farther, they must have given out. The people were all nearly worn out from the fatigue of the march, and were heartily glad that the long, tedious journey was at an end, that they might take that rest so much required for the recuperation of their physical natures." Now let us see what provision the Government had made for that "rest" and "recuperation," surely "much required" and fairly earned. Not one dollar had been appropriated for establishing them in their new home; not one building had been put up. This people was set down in a wilderness without one provision of any kind for their shelter.

"It is a matter of astonishment to me," says Agent Howard (p. 100 of this "Report"), "that the Government should have ordered the removal of the Ponca Indians from Dakota to the Indian Territory without having first made some provision for their settlement and comfort. Before their removal was carried into effect an appropriation should have been made by Congress sufficient to have located them in their new home, by building a comfortable home for the occupancy of every family of the tribe. As the case now is, no appropriation has been made by Congress except of a sum little more than sufficient to remove them; and the result is that these people have been placed on an uncultivated reservation, to live in their tents as best they may, and await further legislative action."

This journal of Mr. Howard's is the best record that can ever be written of the sufferings of the Poncas in their removal from their homes. It is "highly colored;" but no one, however much it may be for his interest to do so, can call it "a sensational fabrication," or can discredit it in the smallest particular, for it is an "official record," authorized and endorsed by being published in the "Annual Report" of the Secretary of the Interior.

The remainder of the Ponca tribe is still in Indian Territory, awaiting anxiously the result of the efforts to restore to them their old homes, and to establish the fact of their indisputable legal right to them.^[27]