, 1873-06-09
THE FATE OF THE MODOC AssAB5IN


Under tho clear and well-writton opinion Of
elsewhere in this Issue, thoro Is no doubt that
tho Modoc murdorors Of Gen. Oanby aud n1r.
Thomas will bo brought to speedy trial boforo
q military commission, and sentenced to bo
hanged. Gon. Davis has already indicated his
conviction Of tho necessity Of proceeding in this
way, in order to impress upon tho hostile Indi-
nns everywhere that thoy may not with impunity
break filth and commit murder and, now that
tho legal department of tho Government hnB
clearly demonstrated bis right to try Capt. Jack
and his murderous companions without further
formality, tho Indian aontmontaliate will scarco-
ly DO ablo to dcfcat his policy.
Thoro can be no reasonable doubt that the
United States Government haa full authority
to act In the caso Of tho captured
Nodoos just as it would bo justified
In treating u foreign foe under tho
eamo circumstances. The privilege demanded
by tho various Indian tribes, that they shall bo
regarded as separate nations, has always boon
conceded by tho United States Government.
to them, md 1t ie in this shape that all agrco-
monts botweon thom md tho Government have
boon mado. They have assumed tho war-nAk-
ing power, and, from time to timo, havo organ
izod wars against tho United statoB of long
duration and bloody results. On these
grounds thoro could bo no other way
Of dealing with tho Indians than ac-
cording to tho uBagos OF civilized war
fare, which constitute common law Of nations
ponding hoatilitos. It Is declared principle Of
martial law that prisoner Of war romans an-
awerable, after hia capture, for crimes committed
boforo hiB capture, and, undor this rulo, Jaok
and his associates In tho murder Of Candy and
Thomas are anRworablo to military authority,
md not to tho local civil Inv which is suspended
during war. Attorney Gonoral Williams ia OF
tho opinion that tho ModocH should be tried
before military commission instead Of o
court-martial, as their crime does not
| come under the military statutes but under
tho common law OF war. Ho citos as procedents
the trial Of Mexican officers before military
commission during tho Mexican War, when they
had broken parole; the trial and execution Of
Wirz for his barbarous troatmont Of Union
prisoners at Andorsonvillo; mad tho hanging Of
tho aBsassinB Of Prosidont Lincoln under con-
! viction by similar tribunal Tho crime COM
mitted by jack and his followors-tho nssaseina-
tion of tho bearers Of ing OF truce-ia properly
/ regarded ns ono Of tho most horrible known to
tho law Of war, and 1t naturally comes under tho
summary jurisdiction Of military commission.
The opinion Of Attorney General Williams is
timely and important. There is little doubt TINT
tho 1ndan aontimontalists Of tho Interior Depart
mont would havo mado IN effort to intorcodo In
behalf Of tho AIodoc assassins IT thoy had been
turned over to tho civil authorities. Their ac-
ton in tho cAses Of satanta and Big Treo has
already indicated the extent to which this clasa
| Of persons will carry their mockory Of mercy.
III tho hands Of d military commission tho coun-
try may fool certain that jack and his compan-
Ions will meet their just doom and. as Indiana
have Bpeoial aud wholesome dread Of hanging,
the execution Of these wretchos will probably
accomplish moro in tho intorcst Of frontier
peace than many regiments Of soldiers and hosta
Of Iudian Agonts.