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APPENDIX.
369

specific purpose and use it for another and wholly different purpose. Mr. Schurz rejoins that the consent of the donors may first be obtained; but he forgets that it would be impossible to canvass the country to ascertain the wishes of thousands of unknown givers to this fund. Referring to the intimation that the friends of the Indians had not taken legal counsel in this matter, and that the Secretary had, Mrs. Jackson observes that they did take such counsel, and that an omission to do so would have been indeed foolish.

“It will be observed that the Secretary's objection to the attempt to secure civil rights is its futility; and, in answer to Mrs. Jackson's statement that the friends of the Indians have sought the opinions of lawyers in this case, he replies that one ‘can find lawyers of skill and standing to undertake, for a good fee, any case, however hopeless.’ To those who might think that this is unjustly severe on the legal profession, it should be said that Mr. Schurz has been by profession a lawyer, and should know what he is talking about. And we must presume that Mr. Schurz's profound knowledge of the law, which is fortified by the opinions of eminent legal men, induces him to consider the whole case closed in advance of its submission to the courts. It would be interesting, however, to know if the Secretary's lawyers of skill and standing are less easily influenced by the prospect of a 'good fee' than the lawyers of skill and standing consulted by the friends of the Poncas. The exceedingly able opinion of Secretary Schurz, we find, is that it is useless to give the Indian a standing in the courts through judicial decisions, as he can readily secure this by accepting from the Government of the United States a deed of 160 acres of land.”

CONDITION OF THE PONCAS IN THE SUMMER OF 1880.

Standing Bear and his party, after their release by the decision of Judge Dundy, settled on an island in the Niobrara River, which was a part of their old reservation, and had fortunately been overlooked when the United States Government took forcible possession of the rest of their land and presented it to the Sioux. Here they were joined by other fugitives of their tribe till the number reached about one hundred and thirty. A committee which had been organized in Omaha for their relief supplied them with farming implements, and they went industriously to work. This committee published in July, 1880, a report containing the following paragraphs: