The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-06-09
Dissatisfaction of the Peo.
pie.
Safety of the New Orleans
Steamer Geo. Cromwell.
Burning of a Steamer and
Warehouse in Detroit.
Belief that Victoria Wood
hull is dying.

WASHINGTON, June Attorney Gen
eral Williams, in his inspection respecting
the disposition of the Modoc captives, thus
states the main facts, on which the qUes-
ton arises:
In 1864 the United States made a treaty
with these Indians by the terms of which
they we've to go and remain upon their res
ervation in the State of Oregon Last fall
the Indians being away from their rescrva-
ton, a military detachment was sent to
procure their return Finding them un-
willing to 60 peacefully, the officer indica-
ted his determination to use compulsion,
in consequence of which conflict ensued
between the United States troops and the |
Indians Soon after, several peaceable cit
izens and their families in the vicinity were
murdered by Indians of this band. They |
then entrenched themselves in the Lava |
Beds in the neighborhood and fighting en-
sued and one or more severe battles were |
fought, in which persons on both sides |
were wounded and killed, and the United |
States troops repulsed Pending hostii- |
ties, negotiations were opened for peace, !
and on the 18th of April last General Can |
| by, Rev Mr. Thomas, and Mr. Meacham.
at point between the opposing forces, and
/ in pursuance of mutual agreement to that
end met Captain Jack, the leader of the
/ Indians, with some of his chief warriors.
to discuss the terms Of the treaty, and
while so engaged, Gen. Candy and MI
Thomas were treacherouSly murdered.
and Mr. Meacham severely wounded, by
the Indians present upon that occasion.
Battles followed, and Captain Jack and all,
or most all. of his tribe have been captur-
ed and are now in the hands of military
authorities. The Attorney General pro-
ceeds to declare that according to the laws
Of war there is nothing more sacred than a
flag of truce despatched in good faith, and
there can be no greater act of perfdy and
treachery than the assassination of It's
bearers after they have been acknowledged
and received by those to whom they are
sent No statute Of the United States
makes this act a crime, and therefore it is
not punishable under the rules and articles
of war and if punishable at all must be
through power derived from the usages
Of war. Kindred TO the act as a question
; of bad faith, is the breaking of his parole
by the paroled prisoners.
, When the United States were at war
| with Mexico, several officers of the Mexican
army were tried by military commission
composed of officers of the United States
, army, and convicted and sentenced to be
1 shot and executed for breaking their pa
roles On the 23d of August, 1865, mil
: itary commission, duly appointed, assem-
bled in the city of Washington for the trial
, of Henry Wirtz, who pleaded among other
things that the military commission had
5 no jurisdiction over his person or over the
f subject matter of the charges and specif-
cations, being tribunal unauthorized by
= either a statute or military law. martial
law OF well-established usages. But this
plea was overruled and he was convicted
on several charges, one of which was a
murder in violation of the laws and Gus
l. toms of war, and after sentence he wa:
/. hung for his crimes. All proceedings II
, this case derived their authority and valid
i, ity from the common law of war
u Certain persons, it will be remembered
IT we're tried and convicted in the same wa,
to for the assassination of President Lincoln
a Attorney General Speed in discussing thi
subject, said that spy although prison
&c er of war, may be tried. condemned AM
Of executed by military tribunal without
T breach of the constitution A bushwhack
10 er, jayhawker, bandit Of war, rebel, assas
sin, being public enemies. may be tried
i' condemned and executed as offender
n, against the laws of war. The law of ma
" tons which is the result of the experienc
in and wisdom of ages, has decided that jay
hawkers, bandits etc. are offenders agains
q. the law of nations and Of war, and as sue
- amendable to the military Our constitr
:, ton has made these laws part tof the law {
~ the land.
IN The Attorney General then says: N
RI civil tribunal has jurisdiction in the case
n disclosed by the papers before me- A
~ laws and customs of civilized warfare ma
d. not be applicable to an armed conflict wit
Indian tribes upon our western frontie
q but the circumstances attending the assa,
nation of Candy and Thomas are such ,
= to make their murder as much Violate
of the laws of savage as of civilized wa
fare, and the Indians concerned in it full
.s understood the baseness and treachery
m, their act, 1t is difficult to define e.
ch- actly the relation of the Indian trib
by to the United States, but as the
. have been recognized as independent cor
munlties for treaty making purposes, al
as they frequently carry on organized al
~ protracted wars, they may properly, as
ock seems to me, be held subject to those rul
cen of warfare which make a negotiation
aI, peace after hostihties possible, and per
lat dy like that in question punishable by m
This itary authority. Doubtless the war Wi
" the Modocs is practically ended, unle
some of them should escape and rent
hostilities, but it is right of the Unit
D. States, as there is no agreement for peaC
ave TO determine for themselves whether
aS 'ap not anything more ought to be done for t
yell protection of the country or the punis
ment of crimes growing out Of the WI
A prisoner Of war remains answerable
his crime committed against the captoi
army or people, committed before he "
U captured, and for which he has not be
u punished by his own authorities. My C
cluslon, therefore, is that a military CO..
= MISSION may be appointed to try such
OQ the Modoc Indians now in custodv as 8
charged with offenses against that rec
an nized laws of war, and that if upon su
~ 'r trial any are found guilty, tbey NAV
4 ,m subjected to such punishment as the Ia
require or justify" -
New YORK, June IA special e.
the Modoc country of the 5th, SAYS: e.
Davis was preparing evidence to prove
+ ! identity of the Modoc Iaurderers, inte,
= ing to hang eight or ten the next event
!. when he received dispatch from Wa
von ington to hold them subject to the decis
there, and probable court martial in
camp. The delay causes great dissatist
ton among the citizens, and is calcula
< to cause wrong impressions among the S
ar, : : rounding tribes.
hair, A Washington special says: From sts