Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-06-13

to be rendered in few days. General
Davis, in a conversation with a special
correspondent Of the Bl,Itetin, - June 18th,
gave the following statement:
GENERAL DAvIs's STATEMENT.
When 1 arrived in the field / found
the troops engaged in a war with band
of Indian outlaws and murderers,
wards of the general government, who
had revOlted against its authority, and
were fighting mercilessly without giving
or expecting quarters. l then thought
that captives taken in the future should
be executed on the spot, as the surest
and speediest method of settling the Mo-
doc problem. When captured while
fighting against the military forces of
the United States, and as a separate
nation or tribe, | was disposed to deal
with them accordingly. Since their
capture / have ascertained that the au-
thOrities of jackson county, Oregon,
have found indictments against certain
members of the band, but 1 have not
deemed it proper to turn them over to
the civil authorities because they were
wAGING WAR AGAINST THE GOVERN
MENT
at the time of the murders,
upon which indictments are based,
were found also for the reason
that after the capture they were
prisoners of the government, and not
directly amenable to civil laws. Dur
ing my command here l have observed
that citizens, when desiring protection
for person or property, or indemnifica-
ton loss, invariably appeal to the au-
thorities of the United States. But now
that war is over and the marauders are
captives, both public and local authOri
ties want to take the punishment of the
offenders in their OWE hands. Threats
of the people and
THE RECENT BLOODY ACT,
in the neighborhood, when the four old
defenseless captives, en- route from Fair
child's rancho to the camp, were muir
dered by civilians indicate that a
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 a military commission
should be ordered to try the criminals.
If this idea is carried out, the officers of
the court should be of high rank and
men who have had no immediate con-
nection with the Modoc difficulty. Such
a commission would probably try each
case separately. 1t would require about
six months to perform the work, to say
nothing of the expease involved in such
proceeding. 1t will be an immense
expense to the government, besides ev-
erybody, civil as well as military, knows
that the Indians
ARE GUILTY OF MURDER IN THE FIRST
DEGREE.
and ought to hang. l thought to avoid
unnecessary expense and the farce of a
trial by doing the work myself Owing
to the dilatory manner in which the
Modocs were treated in the beginning Of
these difficulties by those in charge, the
Indians obtained fearful advantage,
and slaughtered so many people that the
whole country was aStouished and even
shocked, and now fear that they will get
the advantage in the closing scenes.
This same fear is disturbing the minds
of the citizens on the frontier. Justice
has already been very taldy coming,
and is now approaching from so many
directions and in such questionable
shapes and garbs that doubt success in
meeting the requirements of the case.
The Indians do not recognize the juris-
diction of civil or military courts, because
they are incapable of comprehending its
workings. These Modocs cannot un-
derstRnd what is meant by court. They
have been interrogated on that subject.
They would regard a court trial, with
its technicalities and testimony, as
A KIND OF JUGGLERY,
and if convicted and sentenced to death,
they could not be made to understand
that Justice figured in the business at
all. They believe that they have COM
mitted deeds which merit death-in
fact, that they are real murderers, and
have expected to be hanged. They be-
lieve the military has the power and
right to infiiet punishment for murder,
Tne arrests occurred in Oregon and Cal
ifornia. My proposed course is TO settle
the question by
A SINGLE STROKE.
The gordian knot was to be cut. believe
it was on account of the prospects of the
Indians. They are cOOped up in tents,
men, women and children. Both the
guilty and innocent are fearing mas
sacre all the time, but they must remain
in this condition of suspense for months
to come. had procured a number of
CudluS, IOpC anu JdChlcf anu ali Tic PAL
aphernalia OF execution, and had Sc
leeted Friday last as doomsday. Thurs
day forenoon, drew up this declaration
of the charges read to Captain Jack later
in the day.
CHARGES AGAINST CAPTAIN JACK.
HEADQUARTERS DzPr. OF CoLUMBIA,l
TULE LAKE, CAL, June 3, 1873.
CAPTAIN JACK-Since white men first
began to travel through or settle in the
country occupied by the Modocs-peo-
pie of which you claim to be one of the
chiefs-they have been known az a band
of merciless robbers and murderers.
The history of your tribe is filed with
murders upon the white race. Even
among your neighbors you are known
as a dOmineering and tyrannical tribe.
Old settlers in the country report as
many as three hundred murders COM
mitted by your people, and along the
shores of this beautiful little lake, in
view of which we now stand, are the
graves of over
SIXTY vICTIMSoF MoDOC BARBARITY,
all murdered by your immediate ances-
tors in brutal act. They were peaceful
emigrants-men, women and children
passing quietly through the country, on
public highway. For these many
crimes no adequate punishment has ever
been visited upon the guilty, either as
a tribe or individually. Upon the con-
trary, the government has lately over
looked them. A few wears ago, regard