The Winnebago Tribe of Nebraska has taken legal action to secure the return of the remains of two children, Samuel Gilbert and Edward Hensley, who died while attending the Carlisle Indian Industrial School. On January 22, 2025, the tribe filed an opening brief with the United States Court of Appeals for the Fourth Circuit. The brief argues that the U.S. Army is obligated under the Native American Graves Protection and Repatriation Act (NAGPRA) to repatriate the remains from Carlisle Cemetery to Winnebago.
The U.S. Army has previously resisted following NAGPRA guidelines for repatriating nearly 200 sets of remains at Carlisle Cemetery. In 1927, these remains were moved without notifying or obtaining consent from families or tribal authorities, including those of Samuel and Edward. NAGPRA mandates federal agencies and museums return Native American human remains to their culturally affiliated Tribal Nation.
Winnebago Tribal Historic Preservation Officer Sunshine Bear expressed a personal connection to the case: “I, as a mother and grandmother, would want someone to bring my child back home, but I also want it to be done in a good way and NAGPRA ensures that that is possible.”
The tribe's appeal follows a decision by the U.S. District Court for the Eastern District of Virginia in August 2024 that granted a motion by the U.S. Army to dismiss their case. Meanwhile, President Biden recently visited the Tohono O’odham Reservation in Arizona to apologize for past tragedies associated with federal Indian boarding schools and pledged support for ongoing efforts to address these impacts.
The delay by the U.S. Army in complying with federal law hinders efforts to return remains that have been held for over 125 years. NAGPRA was enacted to rectify wrongful possession of Native American remains and cultural items by ensuring their timely and respectful return through consultation with Tribal Nations.
“Tribal Nations fought hard for their rights under NAGPRA," stated Beth Margaret Wright, Staff Attorney at NARF. "It is the only federal law that requires the repatriation of Native American human remains, which is exactly what Winnebago seeks here.”
Samuel Gilbert and Edward Hensley passed away during their time at Carlisle Indian Industrial School, where they were buried without family consent. The U.S. Army still holds over one hundred children's remains at Carlisle Cemetery; some are marked as “unknown” due to historical mismanagement.
Jason Searle, another Staff Attorney at NARF emphasized accountability: “The U.S. Army must be held accountable under NAGPRA. Repatriation provides Tribal communities with healing from the Indian boarding school era."
Representing Winnebago are General Counsel Danelle Smith from Big Fire Law & Policy Group LLP, along with NARF and Cultural Heritage Partners PLLC.
Historical records indicate that Samuel Gilbert survived just 49 days at Carlisle after being sent there in 1895; Edward Hensley survived three years before passing away under similar circumstances.
For further details on this case, interested parties can visit the Winnebago v. U.S. Army case page online.
