The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1873-06-08


have been captured, and are now held In
the hands OF the military authorities,
GENERAL sherman, In communication
10 the Secretary Of War; dated the 90 inst,
recommends that such Of these indians as
have violated the military law be tried by
a military tribunal. This recommends.
lion Is approved by the Secretary Of War,
Instructions were prepared In 1868 by
Francis Lieber, l.. l.. D., revised by board
OF officers, Of which General T.. Hitch
cock was president, and were published
for the government OF the armies of the
United States in the field Section Is of
these Instructions isas follows Military
jurisdiction is OF two kinds First, that
which is conferred and defined by statut G;
second, Tint which is derived from the
common law of war. ,iIp fa
Military offenders under the statute law
mus, 10 tried In the manner therein pro-
vided, but military offences which do not
come within the statute must be tried and
punished under the common laws Of war.
The character Of the courts which exercise
these jurisdictions depends upon the loca |
laws of each particular country, and the
first is exercised by cOurts.marlial, while
cases which do not come within the rules
and articles Of war or The Jurisdiction
co inferred by statute on court9-martial, are
tried by military commission.
All the authorities which | have been
able 10 examine upon this subject harIpo
nize with these Instructions, According to
the laws Of war there is nolhing moro sa-
cred than flag Of truce dispatched in
good faith, and there can be no grealer
perfdy and ireachery than the assassina-
ton ofits bearers, after they have been
acknowledged and received by those whom
they are sent to meet No statute of the
United States makes this act crime, and
therefore it is not punishable under The
rules and articles Of war, and If punish
able at all, must be through power de-
rived from the usages of war kindred to
the net in question. .m,i
While the United States were at war
with Mexico, several officers Of the Mexi
can army were tried by military commits
sion, composed of officers Of the United
States army, convicted and sentenced TO
be shot and executed for breaking their
paroles. Numerous trials Of y similar
nature took place during he war Of the
re hellion, but there are no statutory pro.
visions whatever upon the subject, and the
whole power of the military authorities
in such cases il derived from the usages
Of war.
On the 2Sd day of August, 1865, mill
larry commission, duly appointed, assem-
oled in the city Of Washington for
he trial Of Henry Werz, who pleaded,
.mong other things that military commits
ZION had no jurisdiction over either his
person or over the subject matter Of the
charges and specifications, being tribu-
AL unauthorized by either statute, mill
airy law, marshal law or we'll established
Usage. But this plea was overruled, and
lie was convicted upon several charges,
me ef which was murder and violation of
avs and customs of war, and after SEN
ence he was hung for his crimes. All
ho Prooteuihgs III 'he o"sV ueiiNe pV''
authority and validity from the common
aw Of war. ~
Certain persons, 1t will be remembered
we're tried aud convicted in some way for
he assassination of President Lincoln.
Attorney General Speed, in discussing the
'ubject, says; "We have seen that when
var comes, the laws and usages of war
ZONE also, and that during the war they
are part Of the laws of the land. Under
he constitution, Congress may define and
punish offences against these laws, but in
lefaut of Congress defining these laws
md prescribing punishment for their in
and the mode OF proceeding to
ascertain whether an offence has been
and when punishment is 10
be inflicted, the army must be governed
by the laws and usages of war as under
stood and practiced by the civilized ma
lions OF the world
Again, if the prisoner be n regular, I'M
soldier of the opposite party TO
the war, be should be treated with all he
courtesy and kindness consistent with his
safe-keeping. If he has offended against
the laws Of war, he should have such trial
and be punished as the lawsot war re-
luire. A spy, though q prisoner OF war,
may be tried, condemned and executed by
\ military tribunal without hrea'h Of
he constitution. A bushwhacker, aJay-
hawker, banditti, q war rebel, an assas-
sin, being public enemies, may be tried,
condemned and executed rs offenders
against the laws of war,
The law ofnations, which is the result
If the experience and wisdom OF ages, has
lecided that jay-hawkers, banditn, No,
ire offenders against the laws OF nature
md of war, and as such, are liable to the
Our constitution has made
these laws q part of the law of the land.
Ao,nrltnr. IN thu N O inn npgntnfhFl