, 1873-06-08
Opinion Of the Attorney-Gesnii, ID
':: IN eral on: the Modoo> j.:
!! I: i. i: Question. /: f. Nv
The: Whole Matter Relegatea to the
Military Authorities ~"~-
The Geneva Award to Be Paid Sept. II
Special Dispatch to The caicaao Tribune

sel Ia Of American build but is NOV owned by foreign
era n paE snd in psE BY her MassE xho u 80
between fse1 oicvelaad sna Pnt-tnRsy and The ssn-
aszS a9sssury 5saR decided aE undeq existing
laws this vessel 1s not entitled to American papers, and
could, not therefore be employed as requested n
The secre.ary of the Treasury haa again had occa-
aon to approve the action Of Collectors Of Customs
waoss pr.css o rsaIag @ esal eo1 70 a saso on;
tho United States, was protested against as opp1es-
sive. The 5acreiary decided that caoalboats which
are exempt from enrolment and license, but If they
The navigabls waters Of the United States, they
become subject to the navigation lava, scr
1AroREA>r DECISION RELATING 70 TOBACCO.
WAsH1NGros, Juuo 1.-THE Commissioner Of Inter-
nn :enue writes that his ocs does not sanction the
plug tobacco In halves for sale and tobacco oaarcd for
gale exposed for sa1e in ha1fbo1 without having
which the 1nw requires ia liable to seizure and forteil
ures, and should be scized- "a:
LETTER DELIVERY At oaIAHA. :
The Postmaster-aencral to-day lszued order for
the establishment Of the free dcyery system st 0ua-
ha, commencing July l.
THE GENEVA AWARD
of 600 ia to DO paid Sept. H. In the present
year. ....'
From Friday The 23th fixed red light will be ex-
tibited from the outer end OF the south pec at the
hartor Of rcntwates, Mich.
THE PQL401H.
The examination Of the party rescued
from =. the Polar5a was resumed
this morning, and continued until late In the after
noon- Among the Witnesses examined vas Eaqumaux
Joe. No intmauon has jet been given from official
SOURCES OF TIC character OF the testimony. =,
The following ts the decision Of tho Attorney
IN relation to the Molpc CaptlEcs:
DEPARTMENT OF Jrsr1cE, WASHINGTON, 2. OK
June 7, 1878.
SIN + have the honor to acknowledge the receipt
from you Of several papers relative to the Modoc II
request for my opinion IS to the authority to try
certain of tho prisoners by military trinuna. Tho
main facts out Of which the question arises are
these Indians by the terms OF which hsy Were 10 go
aud rernatn upon reservation in the State OF Oregon
vaon, uilitary detachment sent to procure their
return Finding them unwilling to go peacefuy, the
officer Indicated his determination to copulsiou
III consequence Of which conflict ensued between tho
United States troops and the Indians. Soon after
eza peaceful czaus and their farniIea IN the vicinity
were murdered by the Indians OF thia band. They
then enrenched themselves In the lava-beds In tho
| neighborhood. Fighting ensued, md one or more
,s Gsd as ana BE
troops repnlsed- Pending hoatihtisa, negotiations
we1e opened for peace and On tho lsh of April ast
at point between the opposing forces, and
u pursuance Of mutual agreement to that
as ss wh aap som: q his e CHIEF 1sor
to discuss the terms Of the treaty, and, while en-
gagged, Gen. Canpy and Mr.. Thomas Tere treaehar-
by the Indians present that occasion. nattlea fol-
lowed, and Capt. J4ck and all most Of his tribe
az n t1e n ~
caton to the Secretary Of War dated the Sd inst re-
conmends that auch OF these Indians as hare violated
Recommendation is approved By the Secretary Of War
Instructions prepared in 1868 by Francis leber,
L. O., revised BY Board Of otneers, Of which Gen.
E. 4. Hitchcock President, and, after nppFovn by
the President OF the United States, published for
tho Of the armies Of the United States in
he hea- Section 1s of theae INSTRUCTIONS Is IS to''
Military Jurisdiction is Of two kinda. Firat-That
which Is conferred and defined by Btatuts- second-
That which is derived from the comnon Law OF war.
Military odensea under statute law must be tried IA
the mannar therein decided but military offences With
DO not within the statute must be tried and pl1a
fahed under the common law Of wnr. The chatacsr
OF the courts which exercise these jurisdictions DE-
pands upon the local lava Of each particular coua-
IL the armies o{ the United States the first Is er
eised by while cases which do not csEns
by statute on onzts-Nartil are tried by Military
ConnmtBsionH.
Al authorities which have been able to e1.ntae
upon this subject harmonic with these instruction.
sacred than aag Of truce dispatched IN good taith,
IT,
whom thsy ara sent No statute of The United States
makes this crime, and, therefore, It IN mt pun
ishnble under the rules and articles Of VIII; and,
II punishable 1T >Il must be through i
to he ct il question Of bad isih is tie 6rans q
States were 1t war With Mexico, se7eral oface Of the
composed Of officers Of the United States Army, and
convicted and sentenced 70 be shot and executed Tor
pds he Wap a he but
there are no statutory pEov3sons WhateSs upon tha
gnb,ec and Tie whole power Of the military authoF-
On the Esd of August, 1865, military commission,
duly appointed, asseblea ii The City ct Warrington
s oer ri shtngs a.t e % tie ary haa i no a
risdicou over either his neraou over the subject
matter at the charges and specifications, being t
ns1a ttsi aw, Or t. nssss 1at this
plea was ovetru1ed, and be was convicted
4ss sse1 IL eSs oon 'es & & IT, *ssa sTs
md customs Of war, and altar his sentence be was
hung for bis crimes. ALI the proceedings in this case
law Of wsr. Certain persons, it will be remembered,
were tried and convicted in the same why for the
assassination Of President Lincoln -aene1al
Speed in discuEaing this subject iOpnious vol IT, p.
IA havo seen that when var comes the Laws
var var thsy 1s are pss % Of the ' a1a vs. Of III as and
Under the Constitution, Congress may aefne and
punish osnses ag3nss those LAY nIs en y ds3ans ..
tsheut for their tnfracton and mode OF proceeding
to ascertain whether any oense has been committed,
and what punishment Is to Be inflicted the army must
be governed by the lavs and usages OF IS under
stood and pEactised by the civilized nations Of the
world. Again II The prisoner be regular uuoHend-
ing soldier Of the opposite party to the be ahoud
be treated With all courtesy aud kindness consistent
with his safe custody. he haa offended against the
laws Of he should have such trial and punishment
aa tha laws of require. Spy, though prisoner
Of nRr, may be tried condemned, and executed by
military ribunnl without breach of the Constitution
bushwnacker, jayhawker, bandit Of wa1, rebel, as-
sassin, being public enemy may be tried condemned,
and executed offenders aBainst tho laws OF War.
The law Of nsious which Is the result Of tho expez
euos and wisdom Of ages, has decided that
tayhAwkers, bandits. ETC., are offenders against
the lsW Of nations and Of Wsr, and,
Al such amenabla to the military. Our Constitution
has ade these Laws part OF the law Of the land (see
also vatteI $50 WheAton'a Int Law, 406 Woolseys
Int Lew, 12o Ha11eck's Int. Law, 400
1ti}gan's case Wollace, ?. 3 holds that under the
circumstances herein stated Military Commission to
be Illegal; but the facts there ara entirely different
from those under confederation. 1IluRau resi-
dent OF Stats not In rebellion The courts open
and unobstructed for his prosecution He neither
prisoner Of wa1 attached In my way to the mill
tary OF naval seTyiee Of the United States. according
to HiuatrucHons" heretofore re1erred to, no civil
tribunal has Jurisdiction IN The disclosed by the
papers before Sections 10 md II thereof are ~
follows:
sEu. A0 There e1issa 1aw OF body Of autho7sta-
Hre r1es Of action between hostile armies except that
branch Of the law of nations which 10 called tho 1aw
and uaage Of wat On 1and.' .
SEC ii. AL municipal law Of the ground On which
arnies stand Of the countries to which they belong
ia silent and ct effect between artes In the field.
Mauifeaty these rules ara to great extent II not