Standing Bear v. Crook

Standing Bear (c. 1829 – 1908) (Ponca official orthography: Maⁿchú-Naⁿzhíⁿ/Macunajin; other spellings: Ma-chú-nu-zhe, Ma-chú-na-zhe or Mantcunanjin pronounced [mãtʃuꜜnãʒĩꜜ]) was a Ponca Native American chief, who successfully argued in U.S. District Court in 1879 in Omaha that Native Americans are "persons within the meaning of the law" and have the right of habeas corpus. His wife Susette Primeau (Primo) was also a signatory on the 1879 writ that initiated the famous court case.

By 1789, when Juan Baptiste Munier acquired trading rights with the Ponca, they had villages along the Niobrara River near its mouth, and ranged as far east as present-day Ponca, Nebraska, at the mouth of Aowa Creek. A smallpox epidemic had reduced their numbers from around 800 to 100 at the time of the Lewis and Clark Expedition in 1807.

When Standing Bear was born about 1829, the Ponca traditionally raised maize, vegetables and fruit trees in these sites during the summer. They ranged westward for the winter bison hunt. The hunts brought them into frequent contact with their traditional enemies, the Brulé and Oglala Lakota. Sometimes the Ponca allied with their enemies to raid Pawnee and Omaha villages, but they also suffered raids by them.

In Standing Bear's childhood, Brulé raids forced the Ponca to rely more on agriculture and less on the winter bison hunt. In his adolescence, the tribe split into two villages: Húbthaⁿ (Fish Smell, pronounced [huːꜜblᶞã]), near the mouth of Ponca Creek; and Wáiⁿ-Xúde (Grey Blanket, pronounced [waꜜĩ xuꜜde]), on the northwest bank of the Niobrara. Standing Bear learned the ways of the men, how to hunt and fish, and prepared to take his place in the tribe.

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