New-York tribune., 1873-07-05
covp11Cr or JURISDICTION

| CONFLICT UT JUAIoDICiiO-'
| Gen. Sherman, who is never very reticent
with his opinions, has lately, by single touch,
exposed a very weak point in the so-called
| Peace Policy with the Indians. Satanta ana
| Big Tree, two treaCherOus and murder0us
chiefs, convicted and held in duress by the
| State authorities in Texas, were promised
| their pardon and freedom by the General Gov
| e,nment. We do not recOllect that any exten-
uation of their guilt was urged by anybody;
! but the KiOwas and Cheyennes, whom IL was
desired to Conciliate, demanded the freedom
of their chiefs; without this concession they
would not talk of peace, much less keep IL
! In a moment of weakness, and with that lofty
! ignorance of the rights Of States which Is TOO
ant to characterize a purely military admlms-
! tratiOn, the Government promised that Sa-
tanta and Big Tree should be set free There
haDpened, however, to be a State OF Texas,
which had not only convicted these Indians
of murder but held them in prison. Gen.
Sherman was appealed to for his opinion in
the matter, as the Governor of Texas was
willing to be convinced of the eXpediency of
releasing the prisoners. The General with
his usual happy disregard of what is expected
of him, said that he had no more regard for
Indian sincerity than he had for that OF prairie
wolves, and that he hoped the Indian Bureau
would manage its wards without the aid OF
the army. Il is clear that the General has
positive views of the Indian Question so far
as the good faith of the Indians is concerned;
and that he does not believe that the promise
of the Kiowas and Cheyennes to behave
themselves if their chiefs are restored 20 them
is worth rush
We are also bound to believe that the Cen
eral has faith in the Peace Policy, also. He
hopes the Indian Bureau will take care of the
Indians without the aid of the army. If we
had a strictly peace policy, the Bureau would
be obliged to do just that But it so happens
that since the Peace Policy was inaugurated
| with so much flourish and graduation, q state
of war has continually prevailed. The famous
order issued by Gen. Sheridan, in 1869, pro-
vided that the military should not interfere
with the Indians while they were on their
reservations; but outside Of those well-defiDed
limits they should be considered hostile. Yet
Gen. Sherman hopes that the Indian
Bureau will manage the Indians with
out the aid of the army. Tho Gen
eral commanding the Department in
which the Indians dwell declares that all
outside of the reservations is state of war to
I the Indians how is the Indian Bureau to
maintain that state of war and take care of
the Indians without the aid of the military
Again, does the Peace Policy exist only in
name after all Is it in force only on the
reservations and practically suspended beyond
tbose hmits7 By law the sole charge of the
Indians is vested in the Department of the
Interior; and through that branch of the
Government the President has established or
attempted to establish, his Peace Policy
Yet here we perceive a conflict of jurisdic
ton, for the General of the Army, through
the Lieut. General declares war exists
in all the spaGes. outside the limits of
certain Indian reservations. 1t does seem
q little inconsistent, after this clash Of Au-
thority, to say that the Indian Bureau ought
| to be able to take care of the Indians without
any assistance from the army. Moreover, with
some of these Indians thus threatened with
war, or declared 10 be at war with the United
| States whenever they pass certain imaginary
| lines, we have solemn treaties which are just
! as binding as those which we have with any
powerful nation the national faith is pledged
| in them. When any discussion of this branch
| of the question is opened however the con-
| fusion becomes so dire that candid person is
not surprised that Gen. Davis did not know
| whether he was dealing with outlaws, rebels,
| or alien enemies when he prepared his gibbets
for the Modocs.
Nevertheless, in spite of the inconsistencies
| of the Peace Policy, and despite the apparent
conflict of jurisdiction, popular opinion sup
ports the theory that Indians willfully leav-
ing their reservations become amenable to
military discipline. 1t is not fair to demand
that the Indian Bureau shall take care of
those of their wards who, abandoning their
reservations, assume q hostile attitude, The
Department Of the Interior has no machinery
for such an emergency; it never hads If, in
accepting this theory as sound, the so-called
Peace Policy Is broken in pieces, so much
the worse for il. There never was any good
prospect that it would hold together so long
as the Government had confused it with treaty
obligations and various impossible admin
istTative features. The fact is, no har-
mOnious and fixed system of rules can be
framed to meet all the requirements OF the
Indian service in all parts of the country.
We must have faith and garden seeds for one
locality, rifles and military law for another.
The absurdty Of the so-called Peace POLICY
has been that it prescribed an iron rule for
all Indians in all stages Of civilization and
barbarism. That policy has been found made
quate in its entirety. 1t will be well to leave
it, as Gen. Crook has in Arizona, in force upon
the reservations and let its limits end with