Episode Details

“Does this court think an Indian is a competent witness?”

This is the story of the start of Indigenous civil rights.

Since the arrival of Lewis and Clark, the Nez Perce have lived peacefully beside US citizens. The Pacific Northwest Indigenous group is proud of the fact that not one of them has ever killed a white person. But things are changing. New settlers are flocking, and the US government wants the Nez Perce to cede more land. In 1863, the Upper Nez Perce sign a treaty that cedes Lower Nez Perce lands without their consent. Meanwhile, settlers who wrong the Nez Perce (even murdering some), aren’t being charged with crimes. Amid these crimes and forced removal, peace can’t hold. Nez Perce leaders like Chief Joseph soon find themselves fighting a war they don’t want.

But can the US government forcibly remove indigenous people to reservations, and further force them to stay there? Or do they have civil rights? Ponca Chief Standing Bear is raising that very question by suing for a writ of habeas corpus in Omaha, Nebraska. The legal precedent-setting decision rests with Judge Elmer Dundy.

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