Monday, October 19, 2026

Magazine Article Review: Chief Standing Bear and the Declaration of Independence

 Chief Standing Bear and the Declaration of Independence by David L Bristow, Nebraska State Historical Society, Nebraskaland Magazine, January/February 2026, pp 44-47.

Chief Standing Bear was the first Native American to sue the federal government and win.  The federal attorney argued that the laws of habeas corpus did not extend to standing bear, but Judge Elmer Dundy did not agree.  In siting his ruling the judge sited the Declaration of Independence.  The small group of Ponca Indians must be released because they had chosen to separate from the rest of the tribe which had been forced to Oklahoma.  They "have the inalienable right to 'life, liberty, and the pursuit of happiness."  Once Americans embraced equality as a core value, then the decision was set.  The article quotes Sussette LaFlesche (Bright Eyes), Standing Bear's interpreter, "The people are the power which moves the magistrates who administer the laws."  She add, "They ask for liberty, and law is liberty."

Chief Standing Bear

Judge Elmer Dundy


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