Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-06-05
THE OPENING OF THE LAST
ACT.

act in the 'elava bed tragedy" and is
about to rise on the third and last. The
first closed with the treacherous slaugh-
ter of General Candy, the second with
the capture of his murderers, and the
third, which now opens, we trust will
be the final end of the difficulty, as well
as present a dissolving view. General
CANDY trusted to the faith and honor of
the Modocs and met his doom at their
hands. AS inexplicable as it may be,
General Davis trusted to the same faith
and honor, and, SO far as telegraphic or
other adyices have reached us, no good
or evil has resulted therefrom. We fail
TO see. from a careful.reading of the re-
ports. that these honorable, high5minded
scouts had any part in bringing to sue
cessful conclusion the campaign, except
in so far as their capture may have tend
ed to demoralize the remainder OF the
band. 1t is possible, although the re-
ports do not disclose the fact, that they
NAV have pointed out the place of Cap
tain Jacks retreat, and thus contributed
to his capture but this is not probable,
owing to his constant movements.
Whether this may be so or not, it APP
pears that Colonel Perry had surrounded
the last stronghold with his forces, all
of whom were anxious to fight, when
suddenly, according to the telegram,
Modec shot out from the rocks with
white flag. He was met by a
Warm Spring Indian and said Captain
Jack wanted to surrender, whereupon
three scouts were sent to meet Captain
Jack, who came out cautiously, glared
about him a moment, and then, as If
giving up all hopes, came forward and
held out his band to his visitors. I'm
medately following, two of his war
riors, five squaws and seven children
darted forth and Joined him in the sur
render Such, In brief, is the story of
the capture.
These Modocs being in our hands, as
captives or prisoners, the only question,
for the government to determine, is,
how to dispose of them. There are
three courses open for them to pursue,
each of which we shall proceed, briefly,
TO consider. They can be, again, turned
loose on the country or, what amounts
to the same thing, as past experience has
shown, be placed upon reservations and
treated as "good Indians" General Da-
Wis seems to have so regarded them, and,
by an almost insane act of folly, placed
himself and his command at their mercy.
Providentially, no lives were lost by this
course; either because suitable oppor-
tunity did not present itself, or because,
surprising as it may be, the Indianss for
once, were not evil disposed. We are
inclined to think, however, that General
Davis owes his immunity to the first rea-
son, enforced by savage idea of policy.
We have no fears that the government
will Reat these outlaws as honorable
men, and turn them loose on their pledge
of peace. Their treacherous attack on
the twelfth of April, and their subse-
quent treason, or pretended treason, to
their companions shows how !detesta-
BILE they are, and how little faith or con-
fidence can be placed in their promises
or pledges. The "peace policy" so
much talked about, does not provide for
repeated trials, but condemns to speedy
and condign punishment all participants
in forays, treachery and murders ON the
part of the Indians. Their final at
tempted or pretended act of treachery
cannot excuse or condone their former
acts. If it proves anything, it proves
how little they can be trusted, and to
what means they will resort to accom-
plish their ends. We trust, and believe
that, in view of their crimes during the
past two months, and theirrepeated acts
of treachery, there is no danger of their
submission being received as a condona-
ton for the past, or that they will long
be suffered to cumber the ground.
Another course is to remit them to the
civil and criminal courts for trial. AT
the outset, we are met with questions of
jurisdiction, (which will be further CON-
plicated by the additional questions OF
where they should be tried, for what
offenses, and before what court. Shall
they be sent to Oregon and tried upon
that indictment, which their apologists
assigned as good reason for the war
Was their treacherous assault upon, and
murder of, General Candy, DR.. Thomas
and others crime against the statute
laws of the United States, or of Cali
fornia? Was it, in fact, crime, in the
general acceptation of the term, against
any statute law? Are the statute laws
of the State of California, or of the ma
ton, adequate for the punishment of
their misdeeds, or do they prescribe pen
alties for any such acts? The 9rdUan,en
of their offense does not consist in the
mere act of murder If this was all
there was of it, perhaps it might be well
to go through with the forms of pre-
liminary examination, an Indictment by
grand jury, and trial before court
and jury. The act of killing, in their
cases, is mere incident to their crime,
If crime 1t may be called. The enormity
or the hendlsh deeds of the twelfth OF
April, and their subsequent action, is
found in their treachery, their attack
upon peace commissioners, firing upon a
flag of truce, general violation of the
rules of war, etc. For these acts no
provision is made in statute law, for the
good and sufficient reason that ordinary
courts of justice cannot take cognizance
of such acts. The very constitution OF
the courts preclude the idea of a resort
to their limited powers for adequate
punishment, so that, the question of
jurisdiction aside, it does not seem pro-
bable that Captain Jack and his fellows
will be RENTED to them for trial.
The only course, then, remaining, is
to try these Modoc prisoners by a mill
tary commission or drum head court