Lawyers stepped forward.

A writ of habeas corpus was sought in federal court to force the government to justify the detention.

That move changed everything.

Before a judge could decide whether Standing Bear was being held lawfully, the government raised a more fundamental objection.

It argued, in effect, that an Indian such as Standing Bear was not a “person” within the meaning of the federal habeas corpus statute and therefore could not use that legal protection in the first place.

The case had begun with a father trying to fulfill a promise to his son.