Year: 1879

has been overcome in the negotiation


with the Utes ; and the way is opened to a


possible settlement without an Indian war


River Agency. 1t is peculiar evidence of


the delicate relations of the government to


all the interests involved that, if it as


sumes rigid, rnalterable position. as the
army authorities would apparently advise


and requires the savages to accommodate
themselves to that position or to fight, then


it is denounced as inspired by those various


interests to whom an Indian war might be


advantageous while, when it endeavors to


meet a natural proposition OF the Indians


half way in order to avoid war, it is equally


denounced as inspired by some other I'M


proper motives.


Undoubtedly there is good reason be-


hind the Indian demand that the savages


accused of the White River crimes shall not


be tried in their own country a reason de-


rived from the natural perception that the


passion which takes hold of men when
blood has been shed, the spirit of revenge.
| and the rejudices with which these blind
the reason are not favorable to that equal
consideration of two sides Of story which
is the condition Of justice In every State
whose statutes give an accused criminal the
right to change of venue this principle is
recognized as a necessary element of just
administration of the laws. Justice de-
clares everywhere that the ill opinion
which mans neighbors may have of him
and the foregone conclusions of their
enmity shall not be part of the case
against him if the courts can prevent it.
Ouray has simply demanded for his Ind
ians change of venue on national scale.
He stands before the national justice as cul-
prits in the Roman Empire sometimes stood
in Roman courts, and has made an appeal
such as they sometimes made. Hopeless of
justice as locally administered they ap-
pealed to Caesar and were sent to Rome to
be heard on that appeal and SO Ouray,
who cannot be doubtful of the issue of the
fate of his men if tried anywhere in Colo
RADIO, endeavors to give them the one chance
that an authority not under the influence
of sentiments with regard to the Indians
that are aside from the specific merits of
this particular case may find in the his
tory Of their acts some shadow of JUS
tification for what they did. AS the
assembled Indian authorities had al
ready decided on the naked proposition
for surrender of the men demanded to
fight rather than surrender them, and as
Ouray's proposition was apparently way
out of the difficulty so presented, as it's
acceptance was alternative to an immediate
commencement of hostilities, the admins
tration pursued the only proper course in
accepting that proposition. We can fight
any time, and will be just as we'll prepared
for it at any time hereafter as we are now.
Ouray should not be permitted to outdo
the United States government in humane
efforts to prevent war. 1t is justly said
that the government has assumed by this
acceptance an authority for which it is
! doubtful if there is warrant in the
laws. Civil authority is imperative in one
way MS to the locality of trials, while mil
itary commission is war machinery. If
there is war, who is the enemy unless it be
the Indians and how can surrendered ene-
mics be tried for ordinary acts of war
But out of this dilemma an escape may be
found by proper consideration of the treaty
making power, which is flexible as to its
limits, and is that part of our power which
should properly deal with the Indians as
men not properly subject to our laws in
their local sense but whose position is de-
fined and guaranteed by treaty


Great difficulties are inscparable from
dealings between any civilized and savage
peoples. 1t is the nature of things that
they should have conceptions of the right
and standards Of justice so different as to
render their permanent agreement under
common rules of life practically impossible.
But to this radical difficulty there is added
another in our dealings with tho Indians
that is, if possible, greater still. Govern
ment is, in fact, required to guarantee that
the country shall stand still as to a growth
which we all know to be inevitable and
irrepressible. 1t agrees to protect the Ind
ians forever in the undisturbed possession
of certain regions of country, and it
cannot do it. Unless it agrees to
do this it is of course futile to
attempt to come to any terms with the
Indians (; and to agree to do this puts the
government in position of hostility toward
national progress that it ought not to
oppose and cannot possibly arrest or limit.
Some men fancy they are particularly
astute when they announce the great dis
covery that there would be no trouble with
the Utes if white men did not want to get
at the gold beneath their mountains. There
would never have been any trouble what
ever with the Indians if white men did not
want the country for one reason or another.
White men want the mines, of course,
and will have them, too. 1t is natural
that they should want them. We
need not trouble ourselves with any
nice points of philosophy as to the