New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-06-09
TIE M0DOC PRISONERS.

ATTEMPTED ESCAPE OF CAPT. JAcK-oTHER MoDocs
cAPTURED-GEN. DAVIS not TO HANG THEM.
BoyLE's CAMP, June 4.-Gen. Davis is sat
ised that Capt Jack tried escape last night, and
through the aid OF conederacs the outside for upon
an examination OF bis shackes this morning II was
found that one OF the rvets had been fled nearly In
two His legs only are confined A. o'clock this after
noon Col Mason arrived here from Fairchiids Rancho
with the infantry force OF the expedition and the 20 No
docs who came IN there Thus have here 2s captiyes
MusuGHT-News has reached here that Hooker Jim
and Steamboat Frank made successful scout yester-
dav uv cooperating with the Oregon volunteers. They
trailed three warriors and five squawsto Timber Noun
tain. northeast Of here, ana assisted IN malhg cap
ture. One OF the captircs Us BACK JIM WAC pulu lHe
settlers this region Tor TWO OF three years aud com
BoYII.s CAMP June Sc n Davis, after having COM
rlpted an the gcments for the execution OF about
dozen " the worst MOd0cs tomorrow, received orders
from Washington to hOd t"e lIsou'I9 uutli t ~" -
vised aud 10 thus stopped IN the contemplation NoIA
TIE feeling In camp IS one OF profound l.ssuss a., 10
result. One OF the oregon Foiuhe Juat -,
camp, says the troops captured nye Warriors Lor
sGuawa and five children, among them Dave 4Aeso
PRISONERS were go LlnkNne.
THE ATTORNEY-GENERAL DECIDES THAT THE MoDOCs
MAY BIZ TRIED By a MILITARY COMMISSION.
WASHINGTON, June THE AttOrney-Gcn-
era To-day made his decision reative 70 the Modoc prs-
ouers After stating the main facts our Of which grow
the question whether certain Of the prisoners could be
tried by military tribunal, Mr.. Williams cites the 18th
United states army in the Geld, rs follows
Military jurisdiction II Of two knds-hrst, that which
is conferred defined by statute; ecoud that which
/. derived from the common law Of war. Military
enses under the law must he tried in the man
ner therein decided but military ohensns when 90 not
come within the statute he tried and punished IN
der the common OF The character Of the courts
which exercise these Jurisdictions depends upon the
local of each particular country In the armies OF
HE United states the exercised By martial
while eases which do not come within the rules anu
articles Of war jurisdiction conferred by stlJute
on cOurts-martal, are tried by military COMMISSIONS
The Attorney then goes on TO say that according to
the laws Of war; there nothing sacred than lg
Of truce dispatched good faith and there can bo No
greater act OF perdy and reachcrY than the assassna
ton Of its bearers after they have been acknOw edged
and received by those " whom they sent. number
OF cases are cited 70 sustain the fight OF the
army 70 establish military commissions and ref
erence is made TO sections 40 and Al OF
the instructions OF the army which declare
that there no rule Of action between hostile armies
except that which called tine law and usage OF war
land also that municipal laws are OF no eject be
tween armies in the field. Dir. Williams further con-
cludes ModOcs be hed n the rules on var
fare since The Indian tribes have been recognized as
dependent communities for tredtY-making purposes,
and have frequently carried organ and protracted
wars. The conclusion therefore. H." be says mat
Military Commission may De appointed % Try such or
ofeuses against the recognized laws 81 war; ana tat ~
upOn sucn trial. inund guilty. they may hc SUB
jected such punishment as those Laws require or
The secretary OF War VIII send instructions to Gen.
Davis in accordance with this decision.