Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-06-10

OMAHA, June 8.
In consequence Of late heavy rains the
Elk Horn river has been over the banks
for several days. As to-day's passen-
ger trains, going west Of the Union
Pacific, was passing over the trestle work,
on the last approach to the Elk Horn
bridge, the engine, express and baggage
cars, and a car load of live fish, for Cali
fornia. went through into the water.
Mr.. Cary, roadmaster, is missing. and is
supposed to have been drowned. No
transfer can be made until the track is
clear.
WASHINGTON, June ..
The following is the decision Of the
Attorney General relative to the Modoc
captives to the President; l have the
honor to acknowledge the receipt from
you of several papers relative to the
Modoc Indians now in the custody of
the United States army, with request
for my opinion as to the authority to try
certain prisoners by military tribunal.
The main facts in the case on which
question arises are these: In 1864 the
United States made treaty with these
Indians, by the terms of which, they
were to 90 on reservation in the State
OF Oregon. Late last fall, they, the In
dians, being away from their reservation,
Il military detachment was sent to pro-
cure their return, and finding them I'M
willing 10 go peacefully the officer indi-
Gated his determination to use compul-
sion. In consequence of which,
conflict ensued between the United
States troops and the Indians. Soon
after, several peaceable citizens and
their families were murdered by these
Indians, and they then having en-
trenched themselves in the Lava Beds,
in the neighborhood of which fighting en-
sued, and one or more severe battles
were fought, in which persons on both
sides were wounded and killed, and
United States troops repulsed. Pend
ing the hostilities negotiations were
opened for peace and on the seventeenth
of April last General Candy, DIR. Thomas
and Mr.. Meacham, at point between
the opposing forces and in pursuance of
| mutual agreement toNthat end, met
Captain Jack, leader of the Indians,
: with some OF his chief warriors to discuss
5 the terms of treaty, and while so en-
4 gagged General Candy and DR.. Thomas
1 were treacherously murdered, and Mr..
: Meacham severely wounded by the
: Indians upon that occasion. A battle
!, followed, and Captain Jack and all OF
n most of his tribe have been captured, and
6 all are now in the hands of the military
e authorities. General Sherman in q
d communication to the Secretary of War
l. dated the third inst, recommends sucl
d of these Indians as have violated military
'e law to be be tried by military tribunal
l, This recommendation is approved by thu
r Secretary Of War. Instructions wsr
s prepared in 1868 by Francis Leiber, L
20 L. D., which were received by boar,
d of officers, of which General E. A. Hitch
% cock was President, and after approval b.
a. the President of the United States, wer
m published for the government of tn
y armies of the United States in the field
IN Section 10 of these instructions is as fol
T. lows Military Jurisdiction is of tw
ls kinds; first, that which is derived fror
y. the common law of war military Officer
ne under the statue law must be tried in tn
IS. manner therein decided, that militar
S, offences which do not come within reac
h. of the statue must be tried and punishe
ed under the common law of war. tn
RS character of the Courts which exercis
wv these Jurisdictions depend upon the loci
re laws of each particular country. Cas-,
h; which do not come within the rules an
ID, articles or jurisdiction conferred by IL
Id statue on Court-martial, are tried |
Tx Military Commissioners. All have bee
a able to examine this subject ha
to monte with these instructions. Accor
tn ing to the laws of war, then, nothing
he more sacred than a flag of truce di
as patched in good faith, and there can
it. no greater act of pertidy and treachel
than assassination by its bearers aft
ill they have been acknowledged and 4
lily ceived by those to whom they are sen
OF, No statue of tho United States max
OF this act crime, therefore, il is not pu
he ishable under the rules and articles
nd war, and if punishable at all, it must
IRE through the power derived from Il
nd usages of war kindred to the act in que
he ton. Bad faith or breaking his paro
tie by paroled prisoner when the Unit,
in States were at war with Mexico, sever
ID, officers in the Mexican army were trit
by military commission, composed
OF United States army officers, and co
81, victed and sentenced to be shot for brea
lily ing their parole. Numerous trials of
similar nature took place during Il
war of the rebellion, but there are
statutory provisions whatever on the su
ject and the whole power Of the militia