STANDING BEAR WAS ARRESTED FOR TRYING TO GO HOME – THEN HIS CASE FORCED A U.S. COURT TO DECIDE IF A NATIVE MAN WAS A “PERSON”
It could also impose policies on them.
It could recognize tribal land and later pressure or compel its cession.
It could claim a federal responsibility toward Native people while restricting their movement and decision-making.
Standing Bear’s case entered this already complicated field through a very basic liberty question.
He was not asking Judge Dundy to decide the entire constitutional relationship between the Ponca Nation and the United States.
He was asking whether the government could hold him.