New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-06-06
ENEMIES OR CRIMINALSf

If the sun ever goes down upon the wrath
of the American people 1T must be on the
shortest days of Winter. We are in the habit
of calling other races more volatile than our
own, but it would be hard to find country
where storm of passion blows itself out more
rapidly than here. Gen. Candy was murdered
on Good Friday. by a crime unexampled in
cruelty and treachery in all our history. The
country was divided in the first hours, between
mourning for him, and calling for vengeance
on his slayers. But it is only Whitsuntide
now, and il is hard work to raise living for
Gen. Canby's widow; and those murderers
of his who were to be exterminated at once,
are all alive and unhurt in the hands of our
troops, and an active discussion has already
begun as to the disposition which is TO be
made of them. The President, who strongly
believes in Courts Martial and summary pro-
ceedings, appears to desire that the MOdOcs
shall be judged in that way, and has requested
an opinion from the AttOrneyGen-
eral, to sustain this view. The Governor
of Oregon, on the other hand, who looks
upon crime and its punishment as
coming within tie province of law, desires
that those now indicted in the Oregon courts
shall be delivered to the civil authorities for
trial and punishment. He sustains his demand
and guards against possible motive of re-
fusal, by adding that if any of the criminals
have legal defense founded upon amnesty
or innocence, this can Ebe pleaded before tile
proper tribunal. We are informed from
Washington that the action of the Govern
ment upon the matter will be determined by
the pending report of the Attorney General.
1t is difficult to see any good reason why
these murdercrs should not be given up b
the civil authorities to be duly dealt with ac-
cOrding to law. They are In no sense prison
ers of war. From the beginning of the ModOc
troubles they never had any character but
that of defiant fugitives from justice, and the
courage and energy displayed by them after
they turned at bay in the Lava Beds no more
entitle them to be treated as belligerents
than the murderous resistance Of q burglar
who kills policeman or two after robbng
house condones his crime. Even il there had
been state of war existing between these
Indians and the army the massacre
of Tule Lake placed them beyond the
privilege of asking TO be treated according
to any cartel. 1t may be objected that Gen.
Davis, or some of the officers with him, have
committed themselves to q certain line of
conduct with these captives which would render
it impossible to give them up to the courts.
II is possible that those who first came in
may have rendered some assistance in cap
turing the others, which it is reasonable TO
expect may have been induced by promises of
amnesty. But every proper consideration of
this kind would have its due force before the
Oregon courts, and if the officers of the
army have exceeded their authority in
such arrangements, the Government is not
bound by them. OF course, not only treachery
but the slightest appearance of 1t should be
avoided; though in our anxiety to give no
cause of offense to those weak and ignorant
men, we continually run the risk of con-
vincing them of their superior strength and
cunning. 1t is not likely that the army will
make any stand upon its asserted prerogative
in these cases. II would relieve them of an
embarrassing responsibility il they were
ordered to deliver their prisoners up to the
civil authorities, 80 that the guilty may be
tried and punished, and the innocent sent
promptly to the reservations. The soldiers
have made good campaign; they will not
clarnor far the privilege Of executing the
criminals they have caught.
The sooner tho whole system OF half-diplo-
matte, half-military treatment of the Indians
which has long been current Is given up tho
better ii viii be for all parties. The fiction of
regarding them as foreign nations is worn out,
and serves only for giving importance and
emOlument TO agents aud traders. The tribes