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the Indian [[?]] that professional glory that comes from success, did I not believe that such success would not accord with the law of the land. Under the most favorable circumstance I should hesitate to attempt a satisfactory discussion of the delicate and important questions arising on this hearing, but amid the [[strikethrough]] pressing [[/strikethrough]] throng of pressing duties I feel an especial disqualification for the task before me.
     It is said that the Indian delights to take the scalp of his forman [sic] because he thinks he inherits his prowess and wisdom. If in like manner success could bring to me the courage and knowledge of my distinguished opponents then I might be equal to this occasion.
     The question before the court is whether Standing Bear and others of the Ponca Tribe of Indians are illegally restrained of their liberties. The answer to this question involves many important considerations.
     Before discussing the main question it may be pertitnent to make a preliminary inquiry, the answer to which  may obviate the necessity of discussing what may be denominated the merits of the case.
     In the course of my argument I will discuss 
I. Has the Court or the Judge sitting at Chambers
[[in lower left margin]] 324 [[/in lower left margin]]