The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-06-08

to ascertain whether an offence has been
committed. and what punishment is to
be inflicted, the army must be governed
by the laws and usages OF war, as under
stood and praoticed by the civilized ma.
tions OF the world" Again: I'll the
prisoner be regular, unoffending SOL
der ct the opposite party to the war, he
should be treated with all the courtesy
aud kindness co2s:ssen. Will. Els ss!e
custody. 1t he has offended against the
laws OF war, he should have such trial
and be punished as the laws OF war re-
quire. A spy, though prisoner OF
war, may be tried, condemned and exc
outed by military tribunal, without a
breach of the Constitution. A bush
whaoker, j,yhawker, q bandit, war
rebel, an assassin, being public enemies,
may be tried. condemned and executed
as offenders against the laws of war.
The law OF nations, which is the result
OF the experience and wisdom OF ages,
has decided that jayhawkers, bandltti,
%c, are offenders against the laws of
nature and OF war, and as suoh, amena.
BILE to the military. Our Constitution
the land.
"Milligan's case holds. under the cir
cumstances therein stated, military
com mission to be illegal; but the facts
there are entirely different from those
under consideration. Milligan was the
resident OF State not in rebellion; the
courts were open and unobstructed for
his prosecution; he was neither pri-
soner of war nor attached in any way to
the military or naval service OF the
United States.''
According to the instructions hereto
rnfn - -.
jurisdiction in the cases disclosed by the
papers before nae. Sections 40 and Al
thereof are as tollows:
40. There exists no law or body of
authoritative rules OF action between
hostile armies, except that branch of the
law Of nature and nations whioh is called
the law and usages OF war on land.
al. All municipal law OF the ground
on which the armies stand, or of the
country to which they belong. is silent,
and OF no effect between armies in the
field.''
Manifestly these rules, to II great ex-
tent, ii not altogether, are correct. for it
cannot be pretended that the United
States soldier is guilty OF murder if he
kills public enemy in battle, which
would be the case If the municipal law
was in force and applicable to an act
committed under such circumstances.
all the laws and customs of civilized
warfare may not be applicable to an
armed conflict with the Indian tribes
upon our Western frontier; but the cir
cumstances attending the assassination
OF Candy und Thomas are suoh as to
make them murder; as much violation
OF the laws of savage as of civilized war
fare; and the Indians concerned in it
ftfll lev Il Il Al,
cherry of their acts.
1t is difficult to define exactly the re.
lations of the Indian tribes to the United
States, bnt as they have been recognized
as independent communities, for treaty.
making purposes, and they frequently
carry on organized and protracted wars
they may properly, as it seems to me, be
held subject to those rules of warfare
whiok make negotiation for peace after
hostilities possible, and which make per-
hdy like that in question punishable by
military authority. Doubtless the war
With the Modocs is practically ended,
unless some of them should escape and
renew hostilities; but it is the right Of
the United States. as there is no agree
ment for peace, to determine for them
selves whether or not anything more
ought to be done for the protection of
} the country, or the punish ment of crimes
growing out of the war;
Section SO OF snid instructions is as
follows: IA prisoner of war remains
answerable for his crimes committed
before he was captured, and for which
he has not been punished by his own
authorities" My conclusion, therefore,
} ls. that military commission may be
appointed to try such of the Modoc In
dams now in custody as are charged with
offences against the regular laws of war;
and that if. upon such trial, any are
found gnilty, they may be subjected to
such punish ment as those laws require
or justify. Very respectfully yours
GEORGE II. WILLIAMS,
Attorney General.
Probabilities-For the South Atlantic
and Gulf States, East of the Mississippi,
partly cloudy weather and araas OF light
rain.
New York. June Tt has been
learned that the steamer Geo. Cromwell
broke the connecting rod and demolished
the cylinder of the main engine, besides
doing other damages to her machinery,
and on the 25th anchored in smooth
J water at Abaco.
Financial and Commercial.