Arizona miner., 1868-01-25

ed upon one of the first great laws ot nature.
 The General Commanding k quite sure you cannot have fully considered the effect oi your two General orders, and he directs you to reconsider and modify them, and make no war on Indians not in hostility with the set tlers, and that you aid the Indian Depart ment as far as possible in cooperating with its agents That Indians steal when they find property on which they can lay their hands, is not surprising under the state oi affairs now existing in Arizona. This, of course, is much to be regretted, but it is not a matter for which the military authorities arc responsible, and the General is not dis posed to authorize an indscriminate warfare on whole tribes on a suspicion that some Of their members, or some Cf another tribe, per haps, have committed theft.
 JouN r. SHERBURNT,
 Assistant Adjutant General.
 In pursuance of directions contained in the above communication, General Gregg, on the 1lth of June, 1867, claimed to have issued the following order;
 HEAD QUARTERS DISTRICT or PREsc0rr,
 CANT WHwrI.T. A. T., June II, 1867. GENERAL ORDERS, No. l2.
 In accordance with instructions from the Department Commander General Orders Nos. 3 and 4, from these Head Quarters, dated April 23d and 24th, 1867, are hereby modified as follows:
 l. The various tribes of Indians designated in General Orders No. 2, as hostile, are to be assumed as meaning peace, except when act ing in concert as tribes and confederate tribes in obstructiug the roads and in attacks upon the settlements. Attacks upon trains and travellers, and the stealing of stock, by indi- yidual or small parties of Indians, cannot be regarded as hostile acts, but oiienses against the common law, the same as if committed by white citizens.
 II. All passes or permits Co Indians from the Indian Agent at La Paz will be respected III Indians will not be molestcd whilst engaged in hunting, or pursuing other peace ful avocations.
 By order of Breyet Brig. g.-Gen. Gregg. CHARLES HoBART, First Lieut. Sth Cav, X. X. c.
 In reference to this last order, the follow ing Special Order and Communication from Department Head Quarters, were addressed to General Gregg:
 HEAD QUARTERS DEPARTMENT oF CALIFORNIA, SAN FRtNCBCo. Cal. July ]. 1867. The 2d paragraph, only of the above order ! is, without qualification, in accordance with instructions from the Department Command err
 i As to paragraph 5d, whether, or not, in- | dians are to "be molestcd while engaged in hunting, or pursuing other peaceful ayoca- tions," will depend on tsho and largely ichere, the Indians are Hostile tribes will not be protected from military operations simply because, at the time they are met, they may be engaged in hunting, or in anything else. l The mere act of hunting is neither to make a | friend of hostile Apache, or an enemy of a l peaceful Mohavc or, of an Indian leaving the 1 Indian Reservation on permit from the h. dian Agent.
 Paragraph I of General Greggs order is not in accordance with any instructions given | him by the Department Commander The statement that attacks upon trains and travellers, and the stealing of stock by indivi- ] dual, or small parties of Indians, cannot be regarded as hostile acts, but as ohenses against .he common law, the same as if com mitted by white citizens is, so far as the l Department Commander knows, original with General Gregg, and with whatever motive if any-it is introduced as coming from De partment Head Quarters, is hurtful to the | service, and disquieting to the citizens liv- i ing, or having occasion to 20 Co CT from, ! General Gregg's District. Equally is he without warrant for saying that it is in ae. | cOrdance with instructions from Department Head Quarters, that "the various tribes o Indians designated in General Orders, Nc. 8 from his District Head Quarters are to be assumed as meaning peace, except when act ing in concert as tribes and confederate tribe: in obstructing the roads, and in attacks upon the settlements.n
 The explicit orders heretofore given Gen eral Gregg and his predecessors, to carry on the most active operations against the hOstil, Indians in Arizona, have been, and are, in full force
 By command of B'yt Maj. Gen. McDowel
 JoHY P. SHERBURNE, A. A. G.
 HEAD QrAETERs DEPARTMENT OF CALIFORNIA,
 SAN FRiNClsCo, Cal July lst lsG7 Brevet Brigadier-General J. l. Gregg Colonel
 8th |. $. Cavalry, Commanding District of
 Prescott, Camp Whipple, A. T.
 General-i am instructed by the Depart ment Commander, to acknowledge the receipt of your letter of the 10th ultimo in reply to Rine of the 18th of May, and enclosing a copy of your Genetal Orders of June llth and, on this subject, in addition to what i. contained in Department Special Orders, No l43, (herewith) to say to you as follows: You say that whilst you regret your views are not approved by the Department Com. mander, another months experience has sery- ed but to confirm you in them, and you pro ceed io refer to an act with which you had no experience at all-the affair at Skull Val ley-which oocurreed before you went to Arizona, and concerning which there is an other account than the one you give You say "so far as the Mohayes are con cerned, it seems to you that the Department Commander has misconstrued your orders. 2 It is not seen wherein he has done SO. if he ] Lns Nnll rnIrn tLn MnLn-n- .- .-c .I.----- L.