Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-10-13
WHAT WILL BE DONE WITH THEM:
The Disposition to lee Made Of Geronimo
and His Band a Perplextng Problem
for the Government Authorities.

The version of Gen. Miles report regarding
the surrender of the renegade Apaches, pub.
lished yesterday, does not settle the question as
to what were the exact terms under which the
the Indians surrendered. This account gives
the story of the termination of the campaign
correctly in q general way, but IL is not quoted
from the original report, and does not give Gen.
Miles exactlanguage. which has not, as yet, sat
isfied the President and the Secretary of War.
1t is known that Gen. Miles in his report does
not say In SO many words what the conditions
OF surrender were, but a careful consideration
of his language leads to the conclusion that the
Indians were given certain assurances as to
their future treatment. 1t may have been, as
stated, that they surrendered as prisoners Of
war simply, but even then there would be con-
0ltlons attached, out of which grow many
knOtty problems.
IF THEY SHOULD BE CONSIDERED PRISONERS
they could not be turned over to the civil au.
thorities TO answer for their crimes, and the
only means of Furnishing them would be the
verdict of trial by military commission. In
attempting to proceed in this direction difficult
tried under the Modoc precedent because the
Modocs were punished for a "violation of the
laws OF war, the overt act being the treacher-
GUS killing Of an enemy during a truce. They
could only be tried by a military commission,
as pubic enemy, but TO do this it would have
at war with this country, for it has been held
heretofore "that
A MILITARY COMMISSION COULD NOT LEGALLY
BE CONVENED
for the trial Of Indians for violation of the laws
of war, on account OF thefts, robberies and mur.
ders committed by them upon incursions into
the state of Texas, where said indians were
mere raiders, with whose tribe, such, the
United States was not engaged in war;. More
over 1t has been decided by the Supreme Court
that detached band OIL marauding Indians
was not an enemy" AS the renegade Indians
were simply a detachment of one OF the three
bands of the Apache tribe they could not be
considered as subjects for trial by military
WHAT CAN BE DONE
with Geronimo and his companions therefore
is a question difficult of solution, and is occu-
pying the attention of the President and his
cabinet. An effort is being made preliminary
to the solution of the problem to ascertain ex-
actly what the terms of surrender were. and it
cannot be learned that such information has
yet been received. Another question Involved
in the matter is whether Gen. Miles exceeded
his authority if he accepted a conditional sur.
render. II is known that Gen. Sheridan, when
Miles assumed command, directed ''that Ope-
rations looking to the destruction or capture OF
the hostile Indians be ceaseiessiy carried on"
A good deal depends upon the military defni-
tiOn of the word capture" 1t isgenerally held
among army officers that an order 10 capture or
destroy under Sucn circumstances as Gen. Miles
was placed in, could not permit of any terms
whatever. 1t is question whether the Indians
could be regarded as prisoners Of war; and this
involves the keeping inviolate of Gen. Miles
promises il they did surrender such. The
whole matter is surrounded by difficulties. In
the meantime, pending decision, the detailed
was submitted to Gen. Sheridan on his return
from the west for his consideration.