Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-06-05

laws and usages of war, and IS cognlz-
able before military sribunal.' Whea-
ton, in his 'Elementsl of international
Law"-which is accepted authority in
Europe as well as Alnerica-says that
irregular bands of mSrauders are liable
to be treated as lawlesb banditti, not en-
titled to the protection of the mitigated
usages of war as practiced by civilized
nations" Patrick Henry, in the course
of the debates in the convention OF 1877,
said "a pirate, an outlaw, or common
enemy to mankind, may be put to death
at any time. 1t is justified by the law
of nature and nations" Further, these
very acts complained of-aside from the
mere killing-are not crimes under the
statute law, yet, as Attorney General
Speed remarks, Sin committing the MUIR
der an offense may also have been COM
mitted against the laws of war for that
offense he must answer to the laws OF
war" To hold communication with the
enemy, to act as a spy or to violate
flag of truce are not, necessarily, crimes,
yet, by the laws of war, they are punish
able with death. The whole case may
be summed up in the language of At
torney General Speed: '"The law of
nations, which is the result of. the eX-
perience and wisdom of ages" says he,
'has decided that jayhawkers, banditti,
ETC., are offenders against the laws of
nature, and of war, and as such amen
able to the military. Being public enc
mics, they may be tried, condemned,
and erecuted as offenders against the laws
of war" Such being the law, and the
precedents-to one of which we referred
a few days ago-being in our favor,
safe, lawful and proper remedy is in the
hands of the government.
There is another consideration that
should move the government to take this
course. The Indians of the northwest
and of the Pacific coast need lesson,
and one which, being taught, will be re-
membered. The effect upon the Indians
may be humanizing and outstanding to
allow them to commit murders and dep
relations at will, and then, upon being
forced to surrender, to forgive them; but
we don't believe it. Such course can,
in our judgement, result in only one
way. The Indians will fear us only
when we are making war upon them, and
set us at defiance at other times. If we
reward treachery by forgiveness, and
take the traitors to our bosoms, we but
teach these-as the sentamentalists call
them" untutored sons of the forest
that treachery Is an honorable, reward
deserving act. The government, certain
| ly, has not authorized the boon of am
nesty, and free field for future slaugh-
ter, to be conferred for surrender and
treachery. So far as the telegraphic and
other reports disclose, the savages sur
dered Internationally, and nothing was
promised them, in consideration of their
surrender, or as a reward for their pre-
tended and useless scouting. The lives of
each and one every of these Indians is for
feited by every known principle of law,
whether human or divine, civil or statu-
airy, and the sacrifice thereof is neccess-
tury for the safety and well being of the
country, and, also, for an example to
other savages. We trust-and we have
reason to believe that it will be so, from
the known sentiments of the administra-
tion-that the power of the Modocs, for
future harm, may be put an end to at
once and forever