, 1873-06-11
THE MOO0U MURDER.

Tho atrocfty porpetratcd upon d mindful Of
Modoc Indians, who had surrendered Themselves
as prisoners Of war and wore coming intocamp, is
not oxceododin cowardce, treachory, or brutality,
by my Of tho numerous outragos with which
Capt. Jack stands indicted. Tho telegraph has
already supplied tho full dotais Of tho manner
In which tho Oregon volunteers Intercepted tho
Moaoo prisoners and butchored them in cold
blood, and 1t ia unnecessary to repeat
tho story. Tlese Modocs had not been
guilty Of any special acts Of violence
or murder, except 30 far as their defiance OF tho
Government and their dofonso Of themselves
against the Government troops may be tormoi
violence and murder. They were captured In
open warefare and they surrendered as prisoners
Of war, under impliod il not actual assurances
Of safo treatment, until thoir cascs could DO dis
posed Of by tho proper authorities, either in tho
regular courts Of tho land or in court-martial.
Thoy were in the hands Of tho Government. II
they had boon killed whilo committing m out
rago upon settlers, or il they hnd boon over.
takon md killed whilo boaring arms against tho
Government tho case would bayo boon
different ono, and,no blame could hayo attached
10 those who killed them. But in this caHo thoy
woro in tho hands Of the Government, and tho
Government alone WAS competent to docido upon
their punishment. In addition, therefore, to
tho brutality and cowardice Of tho net, which
ages themsolyos, they stand guilty Of q serious
otfonao against the Government and against law.
They hayo takon upon themselves tho func-
tions Of tho Government, mado themselves
judge, jury, aud eSccutionor, and enforced tho
oxtrou1o po1alty in such m unauthorized man-
ner that thcir action was simply murder. No
matter what their wrongs may havo been, or
howevor much they may have suffered, tho
Government was tho so1o arbitor Of the fate Of
these Indians, mud wa8 already commencing its
arrangements for tho yindcation Of it's rights
and tho rights Of tho people who Ind suffered,
| BY taking tho necessary atops to bring every
Modoo to trial, somo of them In tho courts Of
Oregon aud somo by court-martial. Tho volull~
| teera lad no reason to suppose that tile Govern
mout would fail to do its whole dutyl tho pron1-
4htsl huu l1uFoHe tup lull icAhlLy VI tHo lhW
applying in such cases, They Ind no rcaAon to
| suppose that the A1odocs wora inRocurely
guarded or would mako their escape. They had
no roason to gupposo tAat tho Government was
dispoaoa to DO loniont or to allow thom to eacapo
with o light punishment Their act was conf
mttted in aupreme contempt Of the Government.
Tho United atates has carried on war ngainst
the Modocs undor tho rules of civilized warofaro.
It las troatcd them as a war-making power,
rather than as mob Of turbulenta' or asaasuinB.
It las treated with their leading mon under
| flags Of tr1,co while tho war WAS pond
ing. It Aaa repeatedly malo Offers Of
oo,nprouiso and settlement with thom, In nil
Eospeotu, 1t has recognized thom aa d power ca-
pablo Of making war Rnl executing troatiea. It
would, therefore, havo boon Just aB consistent
fora regiment Of Union aoldiorH, during tho
War Of tho Rebellion, to hayo ehot down squad
Of Confederate prisoners, who had surrendered
undor tho forms of war, nnd placed then-
solves undor the protection of tho Gov
orrmont unit. thoir fato was decided.
It does not altor tho caao that
thcao Modoca wore sayagos, and may havo been
engaged at somo tino or othor In outragoH upon
tho frontier settlements. III fact. there Ia ~