The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-06-09
BY TELL GRAPH
Exclusively for the Register.
WASHINGTON.
WASHINGTON, Jnue 7.
Contract Awarded,

tract to build wooden steam propelle
with compound engines, 10 cost SIS, SOC
for the U. S. Revenue marine service
Ten millions of dollars OF call bonds
issued March lst. and $50,000,000 o
fye-twenties, have been received at th,
Treasury Department. The remaining
forty millions will nearly all come
from London.
what VIII We Do with Them.
Attorney General Williams to- day
rendered an opinion as to the liability
OF the Modocs who were concerned in
the murder OF General Candy and the
Peace Commissioner. He decides that
they can be tried by military tribunal
After reciting the facts in the case and
quoting tie statute law bearing on the
caee the Attorney General says:
According to the laws of war there
is nothing more sacred than the flag Of
truce dispatched in good .aith, and there
is no greater act OF treachery than the
assassination of the bearers after they
have been acknowledged and received
by those to whom they are sent. The
statute of the United States makes this
act a crime, and therefore it is not
punishable under the rules and articles
of war, and if punishable at all it must
be through power different from the
usages of war. Kindred to the act in
question 1t is bad faith in the breaking
of his parole BY killing
prisoner. While the United States
was at war with Mexico several officers
of the Mexican army were tried by
q military commission composed OF off,
GERS OF the United States army, convict
ed and sentenced to be shot and exc
cuted for breaking the law. Numerous
trials oil similar nature took place
during the war OF the Rebellion, but
there are not any statute proyisi ons
whatsoever upon the subject and the
whole power OF the military as author
lZed in such cases is different from the
usages ofwar. Oa the 23d OF August,
1865, a military commission, duly ap.
pointed, assembled in the city of Wash
ington. D. c., for the trial Of Henry
Wirz, who pleaded that the military
had no jurisdiction over his person or
on the subject OF the charges and
sPsesieffstGa2|ss etSef esffata|s military law or establish
ed usage. But this plea was overruied
and he was convicted on several OF the
charges, one OF which was murder IN
violation of law and the customs OF War,
and after sentence he was hung for his
crimes.
The Indians on our western border
may not be subject to usages and man,
ners Of civilized war, for the murder OF
Canby and DR.. Thomas, are such as to
make their murder as much the viola,
ton of the laws and usuages OF civilized
warfare. The Indians concerned init
fully understand the baseness and
treachery Of their act 1t is difficult TO
define exactly the relations OF the Indian
tribes to the United States, but as they
have been Recognized as an independent
community for treaty making purposes
and as they frequently carry on organ
lied and pro,racLed ware. they may
nroperly, as it seems to be held, be
subject to these rules of warfare. which
make negotiation for peace after
hos.llities possible, and which make
perfdy like that in question punish
able by military authority.
Doubtless, the war with the Modocs
is practically ended, unless some OF
them should escape aud renew hostili-
ties. But it is the right OF the United
States as there is no agreement Tor
peace to determine for themselves,
whether or not anything more ought to
be done for the protection OF the coun-
ry or the punishment OF the crimes
growing out OF the war. A prisoner oi
war remains auswerable for his crimes
committed against the captors army or
people, committed before he was cap
tured and for which he has not been
punished BY his own authorities.
Nv conclusion, therefore, ls that 9
military commission may be appointed
to try such OF the Modoc Indian:
now in custody as are charged witt
offences against the recognized laws 0
war, and that if unon such trial any
are found guilty, they may be subjected
TO such punishment as those laws re
auire or justify" The paper is ad
dressed to the President, aud signed b!
the Attorney-General.
General Sherman, in a communics
tion to the Secretary OF War, datet
Sd inst, recommends that such OF tn 60
Indians as have violated military ia7
be tried By military tribunal.
The Vienna Disgrace-van Buren,
Perddy Proven.
Mr.. Fish is in receipt OF huge mas
OF testimony from Vienna in respect tc
the scandal, which does not furnish yer
pleasant reading. The testimony hs
bad looS, and fully sustsin the prir
cipal charges heretofore made, an
shows on the part OF Commission
Van Bureu an utter want OF efficierc
Mr.. Van Buren's iucompe;ency Wa
practically demon strated before he sale
tor Europe. He insisted that he cou'
not get along with less thsn S5O0,Oo
and wanted the President to force Coz
gress, as he said, to increase their 81
prop,istion. After claiming that
had spent OF his own money, be'o
sailing, some SOS, 900, he wac only sb
to furnish an account for So, 100 Il
every thing spent before his departur
which last sum included his own an
Meyers salary, and S2,460 invested
them in exchange. He treated Il
usual official demand for bond as
personal wrong, and in various ways
bored the Secretary that the latter VI