TRIAL OF THE INDIANS.
The state has reason to congratulate itself on two things in this connection. First, that it had so wise and just a man as Colonel Sibley to select this important tribunal, and, second, that he had at his command such admirable material from which to make his selection. It must be remembered that this court entered upon its duties with the lives of hundreds of men at its absolute disposal. Whether they were Indians or any other kind of people, the fact must not be overlooked that they were human beings, and the responsibility of the tribunal was correspondingly great. Colonel Sibley at this date sent me a dispatch, declaring his intention in the matter of the result of the trials. It is as follows:
"Camp Release, nine miles below Lac qui Parle,
Sept. 25, 1862.
"Colonel: [After speaking of a variety of matters concerning the disposition of troops who were in my command, the battle of Wood Lake (which he characterized as "A smart conflict we had with the Indians"), the rescue of the prisoners and other matters, he adds:]
"N. B.—I am encamped near a camp of 150 lodges of friendly Indians and half-breeds, but have had to purge it of suspected characters. I have apprehended sixteen supposed to have been connected with the late outrages, and have appointed a military commission of five officers to try them. If found guilty they will be forthwith executed, although it will perhaps be a stretch of my authority. If so, necessity must be my justification.
"Yours,
"H. H. SIBLEY."
On the 28th of September an order was issued convening this court martial. It was composed of William Crooks, colonel of the Sixth Regiment, president; William R. Marshall, lieutenant colonel of the Seventh Regiment; Captains Grant and Baily of the Sixth, and Lieutenant Olin of the Third. Others were subsequently added as necessity required. All these men were of mature years, prominent in their social and general standing as citizens, and as well equipped as any persons could be to engage in such work. What I regard as the most important feature in the composition of this most extraordinary court is the fact that the Hon. Isaac V. D. Heard, an experienced lawyer of St. Paul, who had been for many years the prosecuting attorney of Ramsey county, and who was thoroughly versed in criminal law, was on the staff of Colonel Sibley, and was by him appointed recorder of the court. Mr. Heard, in the performance of his duty, was above prejudice or passion, and could treat a case of this nature as if it was a mere misdemeanor. Lieutenant Olin was judge advocate of this court, but as the trials progressed the evidence was all put in and the records kept by Mr. Heard. Some changes were made in the personnel of the court from time to time as the officers were needed elsewhere, but none of the changes lessened the dignity or character of the tribunal. I make these comments because the trials took place at a period of intense excitement, and persons unacquainted with the facts may be led to believe that the court was "organized to convict," and was unfair in its decisions.