The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-06-13
Modocs Tried NV CAM, m.,;.,


DAN I RANclsco, June 12.-The followipo dis
patc0 mas been received: A court marital vvas
convened az boyles camp at Tule Lake lime
3, and tried SIX deserters. The decision viii he
rendered in few days. " III NC
Statement OF Gen. Davis.
Con Davis. in conversation with a snec;o,
corrasnondent of the Bulletin on the 10th inst
gave the following statement: When arrived
on the field found the troops engaged in war
with a band of Indians, outlaws ana murder.
ers, wards of the Government wn" nau reyotea
against its authority. They were hghtlug merci1
lessy neither giving nor eApectlog quarters. !
then thought that captives taken III the 1uture
should be executed on the spot, as the shresI
and speediest method of settling the Modoc
problem; when captured while fighting against
the military forces of the United States, ana as
a separate nation and tribe was disposed TO
deal with them accordingly. Since their cap.
ture | have ascertained that the authorities OF
jackson county, Oregon. have found indict-
ments against certain members OF the band. L
did not deem it proper to turn them over to the
civil courts because they were at war against
the Government at the time the murders upon
which the Indictments are based were commit
ted; also for the reason that after their capture
they were prisoners of the Government and
not directly amenable 10 civil laws. During
my command here have observed that the CIT
liens, when desiring protection for person and
property or naturalization for loss, invariably
appeal to the authority of the United States
captives, both public and local authorities want
to take the punishment of the offenders into
their own hands. The threats of the people
ana the recent bloody act in this neighhOrhOOd,
when four old defenceless captivcs, en- route
from Fairchild's rancho to this camp, were
murdered by civilians, indicate that trial by
civil law would be a useless farce. The people
have made up their minds that the prisoners
are guilty. 1t is suggested that military
commission be ordered to try the criminals. If
The idea iS carrpl ont the officers CONFUSING
the court should be of high rank and meu who
have had no immediate connection with the
Modoc difficulty. Such a commission would
probably try each case separately 1t will re-
qure about six months to perform the work, to
say nothing of the expense involved in such
D Proceedings to the Government, besides every
boly, civic well as military, knows that the
Indians are guilty of murder IN the first de-
gree and ought t. be hanged. l thought to
avoid the unnecessary expense of the farce
of trial by doing the work myself.
Owing to the diatory manner in which the
Modocs were treated by those in charge at the
beginning of these difficulties the Indians oh
| tanned the fearful advantages over us. They
| slaughtered SO many people that the country
| was astonished, even shocked and now fear
| they will get the advantage in the closing
| scenes. This same fear was disturbing the
| minds of the citizens of the frontier Justice
has already been very tardy and its coming is
| approaching from SO many different directions
! and in such questionable hape and garb, that
| l doubt her success in meeting the requirements
| of the case. The Indians do not re cognize the
Jurisdiction of civil or military courts, because
| they are Incapable of understanding their
workings These Modocs cannot comprehend
what is meant by court. They have been inter
rogated on that subject. They would regard a
court trial with its technicallties, testimony,
etc, as a kind of jugglery, and if convicted
| and sentenced to death, could not be made to
understand that Justice figured in tine business
at all. They believe they have committed
| la.,1- hut moi in faa ara f1,nr.
derers; have daily expected to be hanged.
| They believe the military have the power and
right to inf1ct punishment.
The murders and arrests occurred in Oregon
aud California, and the case is badly mixed
Ny proposed course would have settle the ques-
lion. By single stroke the gordon knot was
| to be cut The Indians are cooped up in tents,
men, women and children, guilty and innocent,
fearing massacre all the time. They must re-
main in this condition of suspense for months.
and all the parapernalia of execution, and had
select Friday last as the doomsday. Thursday
afternoon l drew up this declaration of charges
and read it to Jack later in the day.
Headquarters Department of Columbia, in
the field, Tule Lake, Col, June II.
"Jack, "-Siuce the white meu first began to
travel through, OF settle in the country occu-
pied by the Modocs, people of which you
claim to be one of the chiefs, the Modocs have
been known as band of merciless robbers and
murderers, The history of your tribe is filled
with accounts of murders of tie white race.
Even among your Indian neighbors, you are
known as a domneerng and tyra1ncal tribe
Old settlers in the country report az many as
three huunred murders committed by YOU
people within the limits of the present genera
ton, Along the shores of the beautiful lite lake
in the view of which we now stand, are the
graves of over sixty victims of Mudoc barbarity
all murdered by your immediate ancestors il
brutal acts. They were peaceful emigrant men
women and children, passing quietly through
the country, ON the public highway. For thes
many crimes, 70 adequate punishment has eve
been visited on the guilty, as tribe, or even
individually upon the country, The govern
ment has tacitIy overlooked them. A few
years ago, regardless of these acts OF treachery
it gave you reservation land for a home, wher
if you chose, you could have remained and en-
joyed the bounti IS of the government unmoles-
ted. You all went upon the reservation thu
provided, and part of your tribe have removed
but you and your band seem to have preferred
the war path You left the reservation, yol
spurned the kindness of the government, anC
even resisted the soldiers in the execution o
their duty, while endeavoring to force you bacl
to the reservation, you FASTENED to fight, emu
lating the bloody deeds of your fathers. You
again strewed the shores of Tule Lake with the
slain victims of your bloody band. All thoss
victims were peaceful, unsuspecting citizens
and were slaughtered while at their daily avo
cations. You then fled to your stronghold, tn
Lava Beds prepared for war, and defied tn
at Washington, ordered the soldiers to desis
until the peace commissioners could have
talk with you, and if possible, avoid shedding
more blood. Their efforts were Ruthless. AT
ter much delay and many attempts at concilia
ton, on their part, you decoyed the commits
sior ers into your hands Armed or unarmed
these acts have placed you aud your band out
side The rules of civilized warfare in other
words, you have made yourselves outlaws and
as such, my arrival here as the successor OF
Gen. Candy, (whom you murdered with You
own hands, have made unremit ing war up
on your race and upon you, until at last you
have been captured, after much expense to tn,
government. and the loss of many valuable
lives. Now that have recounted TO you you
history and that of your tribe. the recent acts oil
yourself and band Twill close this interview BY
informing you that have this day directed
that you and your confederates, members o.
your band, be executed tomorrow at sunset, il
presence of the troops, your people and the as
sembled citizens of the county.
While l was preparing a list of those In
tended to execute, a courier arrived with in
structors from Washington: "Hold the pris-
oners until further orders
All know that we have captured the Modocs
and they will quickly learn the news if thu
death penalty is inflicted. The chastisement
would suit in mutual benefit to DO, h Indian
and whites. With the prestige the troops hav
gained, we could do great good by such cam