Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-06-12

revision, anu Win WudG NdSdIlGS bucli
minds were afflicted
HOW SHALL THEY BE DISPOS-
ED ora
Secretary Delano, soon after the
breaking out of the Modoc troubles, in
letter defining the ''peace policy" said,
in substance, that there might be ''some
compressed with the necessity of non-re-
sistance as to object to the punishment
of Indians" and ifso, they would have
reason to complain "because the policy
was not peaceable enough" Carrying
out this idea, orders were issued, as a
dispatch from Washington informed us,
Thursday, to the commanding general
directly after the assassination of Gene
raj Candy and the Rev. DR.. Thomas,
not to exterminate the Modocs, but to
| the effect that their conduct had been
such that determination would be justi-
| fable and leaving the matter to the discre-
| ton of General Davis. ''I'herefore,
says the dispatch, eff he had ordered
| ''the killing of the Indians, he would not
'"have been censured by superior au-
| 'sthority" We refer to this matter, to
show how all ideas of dealing with the
| Modocs, except through the Oregon
courts, were ignored by the administra-
ton, thus early in the conflict. Per-.
haps it may trouble sensible men to SO
construe the letter of the Secretary of
the Interior, and the instructions of
General Sherman and of the Secretary
of War. We have been unable to find
any such idea in them, or even ''any
| scalping knife policy" but some of our
contemporaries call it by either name, as
may suit their convenience. The Mo
docs being now captiyes II our hands,
the administration, in all of its branches,
have come to the conclusion S'that the
Modocs could not surrender as prison
ers of war, in the sense known to ma
lions, where war is declared in accord
ance with constituted forms. Not hav-
ing been so received they are not EMIT
led to consideration as prisoners of war"
They go further than this, and declare
that. they have violated treaty obliga-
tions, are ''an irregular band of marau-
| ders, " "outlaws" and muTderers, and as
such are entitled to no consideration
from the Indian department. They say
that although the captiyes are not en-
titled to the rights, immunities and
privileges of prisoners of war, yet
that the United States troops
having conducted operations against
them, their custody belongs to the mill
tary, the same as prisoners of war, cap
-tured or surrendered or other persons
taken in arms against the authority of
the United States and gritty Of atrocjous
acts. ;"
These facts and conclusions being de-
termined, the question occupying the at
tention of the government is what to do
with them. The language of the offlc-
cial conclusion iof thecabinet, on this sub
ject as published yesterday morning is
significant Here it is ''the question
"as to what shall be done with
/" Modoc prisoners. whether they shall
i "be tried by military commission or
"remitted to civil courts will be submit
"ted to the Attorney General by the mil
"itary authorities. for his opinion" If
a military commission for the trial of
such outlaws was an unheard of thing,
as some of our contemporaries seem to
think, why is it considered at all, or re-
ferred to the attorney general for his
/ opinion? 1t may or may not be deemed
the proper policy to pursue in this par
tieular casey but the opinion of Attorney
/ General Speed, in a similar case, and the
action Hereunder, determines the; law
and right of the case. The Governor
of Oregon seems to take the same view
of the matter, for, in his communica-
ton to the war department, under date
of Tuesday, he styles them "the out
claws now in custody of the United
estates military authorities and asks
for the surrender of those "who are not
amenable to military execution"
| There is no question, probably, that
some of these marauders can be legally
and properly tried before the States
courts of either California or Oregon, the
United States courts of California, or by
military commission. Where half
dozen, more or less, tribunals have ju-
risdiction over the same person for the
commission of the same or similar. acts,
it resolves itself into aquestion of poll
10y as to how, where and by whom they
shall be tried Unfortunately the presi-
dent, cabinet, General Sherman, the law
officers of the government and the Gov
ernor of Oregon differ from some of our
astute Vermont editors on this qnes-
tion..
! My REAseNs FOR KEEPING SoBER-
1. have no inclination to drink.
I 2. Intoxictaioh in expensiye;' / cam
not afford it, and ] am too proud to
/ spend otberpeople's money.
3. Drunkenness destroys the body,
and prefer health to sickness a long
| life to a short one.
A., Drunkenness stains the character,
never falling TO excite either contempt
or pity; in preference to which | choose