ELMER S. DUNDY

(Elmer Scipio Dundy)


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Elmer S. Dundy

During the fifteen years in which I have been engaged in administering the laws of my country, I have never been called upon to hear or decide a case that appealed so strongly to my sympathy as the one now under consideration On the one side, we have a few of the remnants of a once numerous and powerful, but now weak, insignificant, unlettered and generally despised race; on the other, we have the representative of one of the most powerful, most enlightened, and most Christianized nations of modern times. On the one side, we have the representatives of this wasted race coming into this national tribunal of ours, asking for justice and liberty to enable them to adopt our boasted civilization, and to pursue the arts of peace, which have made us great and happy as a nation; on the other side, we have this magnificent, if not magnanimous, government, resisting this application with the determination, of sending these people back to the country which is to then less desirable than perpetual imprisonment in their own native land.
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Citation

Standing Bear and some other Indians left the Indian territory where the government had assigned their tribe and with an invitation went to live on another Indian reservation designated for another tribe. The Government sent the military police to take the Indians back to the Indian Territory. The Indians claimed that they had the right to live wherever they wanted and did not have to live in the place the government had assigned them. The Indians won and since then, Indians like all other Americans were free to go wherever in the country that they wanted so long as they were not trespassing or violating other laws.

Elmer S. Dundy

In time of peace, no authority civil or military exists for transporting Indians from one section of the country to, another, without the consent of the Indians, nor to confine then to any particular reservation against their will; and where officers of the government attempt to do this and arrest and hold Indians who are at peace with the government for the purpose of removing teens to and confining them on a reservation in the Indian Territory they will be released on habeas corpus.
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Citation

Standing Bear and some other Indians left the Indian territory where the government had assigned their tribe and with an invitation went to live on another Indian reservation designated for another tribe. The Government sent the military police to take the Indians back to the Indian Territory. The Indians claimed that they had the right to live wherever they wanted and did not have to live in the place the government had assigned them. The Indians won and since then, Indians like all other Americans were free to go wherever in the country that they wanted so long s they were not trespassing or violating other laws.

Elmer S. Dundy

That the Indians possess the inherent right of expatriation, as well as the more fortunate white race, and have the inalienable right to "life, liberty, and the pursuit of happiness," so long as they obey the laws and do not trespass on forbidden ground
0  
Citation

Standing Bear and some other Indians left the Indian territory where the government had assigned their tribe and with an invitation went to live on another Indian reservation designated for another tribe. The Government sent the military police to take the Indians back to the Indian Territory. The Indians claimed that they had the right to live wherever they wanted and did not have to live in the place the government had assigned them. The Indians won and since then, Indians like all other Americans were free to go wherever in the country that they wanted so long s they were not trespassing or violating other laws.

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Elmer S. Dundy
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Elmer S. Dundy
  • Born: March 5, 1830
  • Died: October 28, 1896
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Biography

Elmer Scipio Dundy was a United States District Judge of the United States District Court for the District of Nebraska. He was the namesake of Dundy County, Nebraska.