Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1873-06-13

The Baltimore -l5ffictn says: The
question as t. what is to be done with
the Modoc prisoners is, according to
Washington rep ,lt, 10 be decided with
due reference to the red-tape formu-
larit es of the Circumlocution Office.
No acton will be taken :intil the Gov
ernor Of Oregon makes demand for the
rendition Of the Indians who are I'M
der Indictment Ill that State. This
demand, it is expected, will be IN form
of ii reJuisition on the Governor Of
California, the captives now being i'll
custody in that State. The Governor
captives are not in his custody, but III
that of the military authorities, He
| will follow this up by requesting Gen
eral Schofield to surrender his prison.
! ers to the civil authorities. General
Schofield will refer the question to
Washington, and then the Attorney
! General Will be asked for his opinion
| whether there was really a state of war
| between the United States and the
! Modocs, and upon his decision it will
! come before the Cabinet. Ii the At
| torney-General decides that there was
a state of war eyistii@, then Captain
+ Jack and lis 'bucks7 will be cohsid-
; cred prisoners of w..r, but certain ones
! of them will be tried by military
court martial for a violation Of the flag
! OF tr1lco an,t ti.e massacre OF General
! Candy and Peace Commissioner
/ Thomas, and if found guilty, shot. GA
the other hand, if the Attorney-Gen-
era! decides that there was no state OF
war existing, then the Indians will be
surrendered to the civil authoritits for
trial.
The delay these fcInlal proceedings
will cause may be necessary, but it is
not the less provoking, because it will
greatly lessen tho effect upon the In
dian mind Of whatsoever final punish
ment is inflicted. It is true IL at in
either case, whether held as prisoners
Of var or captive E;.rdcrCrs, Captain
Jack, Boston Charley, Hooker jim,
Schonchin, and one or two others of
the gang, are pretty s"re to suffer
death, INT We yannot reaist the con-
clusion that the manner Of their pun
ishment and the authority by which it
is inflicted are the most important
features Of the penalty which they will
have 10 Suffer. It convicted by a mill
tlry court, and shot by file Of SOL
diers. Captain Jack AID his followers
will simply regard themselves as war
riors unfortunately overcome in battle,
and suffering only with tie exception
of tor,Lrg, TiT,s they Would inflict
upon GapfiEes III their own possession.
But a trial by law, and condemnation
3 and punishment by Law, would have to
theia d far different aspect. They
9 could rot but be impressed by Its
solemnity, and have their stoicism
4 touched by the heretofore to them un
t known experience Cf .hs Ge,sil penalty
Y IN the ecatf4old 1t would, moreover
:, teach them that they have not simply
made war, but committed mt Ter
l. that they IRE criminals, not captives
C and that the punishment which ciyili
8 1GtiCn iIflicts upon tie murderer can
: no, BE escaped by than. =
Y We agree with the 4mericaa i'll til
:, ) opinion that the manner Of tie r IN
T ishment and tie authority by which
VIII be inflicted, is one Of the most i'm
portant features in the case of the Nc
( doc prisoners.
l. If the Modoc captives be indee
?, prisoners of war, it is very grav
Y, question whether it was war TO whic
v the laws Of civilized nations apply, fC
l the reason that, Cra Of the NATIONS
t. least, is eonfessedlY savage and utterl
D, repudiates the rules of ''civilized wa
is fare" Tt may be seriously questione
J. too, when the facts of the case come
8. be closely scrutinized, whether I'll