The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-06-09

PREPARATIONS FoR TIE EXECUTIONS VI SOME OF
THE auRpERERs STOPPED BY ORDERS FROM
WASHINGTON.
BoYIE's CAMP, June ), 8 a. Nj Late yes
tcrday afternoon A detail of men belonging
TO the artillery arrived in camp from TImber
mountain, near the Peninsula, with twenty
i1niper logs, clean and straight. and EVIL.
IDENTITY not iuteudcd for Use III the erection
of tents for prisoners. Many persons mar.
yelled for what purpose the umbcrs had
been obtained. This morning the secret l.
out. General Davis intends to erect seat
fold and execute about one dozen OF the
worst Mo6oc murdcrers ut sunset Tomorrow
nhc Gthl. He feels that there Is no need tol
delay, as 10 doubt Of the guilt OF the IN
tended victims can exist, and Justice de-
mauds speedy and certain action. Even al
This time he is engaged in writing slate
ment Of their offences, which will be read to
the condemned Modocs.
A still later dispatch says General Davis,
after having completed the arrangements fol
the execution OF the ModocS, received orders
from Washington to hold the prisoners until
iu!ther advised. and is thus stopped in the
.u,.emplated work. The feeling i'll camp is
.nc Of profound disgust ut this action.
OPINION OF THE ATTORNEY. GENERAL.
WAsulSGToS, June 1.-THE following i
the opinion of the Acknowledgement on the
question submitted by the War Department
relative to the captured Modes:
"DepnrtnteM Of Justice, June I, lSI3.---
To the PrcS'dCm: Sir,--I have the honor
70 acknowledge the receipt from you OF
several papers relative TO the ModOc Indians
NOW in custody of the United States army.
with request for my opinion as t" the all.
tbority TO try certain of the prisoners by q
military tribunal.
The main facts out of which the question
arises are these: In 1864 the United States
made treaty with these Indians, ty the
terms of which they were to go and remain
upon reservation in the State Of Oregon.
Late lat fall, the Indians being away frllI,
their reservation, 4 military detachment was
sent to procure their return. Finding them
unwilling to go peacefully, the officer indi-
Gated his determination to Use cOmpulsion:
in consequence of which Il conflict ensued
between the United States troops and the
Indians Soon after, several pcaceable citi-
ZenS and their families in the vicinity were
murdered by the Indians of this band. They
then entrenched themselves in the lava-beds
in the neighborhoUd. Fighting ensued, and
one or more severe battles. in which persons
on both sides were wounded and killed, and
fhe United States troops repulsed. Pending
hostiliteS, negotiations were opened for
peace, and on the 18th of April last General
Candy, Rev. Mr.. Thomas, and Mr.. Meacham,
mt point between the opposing forces, and
in pursuance Of mutual agreement to that
end, met Captain Jack, leader OF the Indians.
with some of his chief warriors, to discuss
the terms of u treaty. and while so engaged,
General Candy and MIR. Thomas were treacll.
erously assassinated, and Mr.. Meachaln
severely wounded, by the Indians present
upon that occasion. Battles followed, and
Cantaiu Jack and all or most of his tribe
have been captured, and are now in the
hands of the military authorities. General
Sherman, in Il communication to the Secretary
of War, dated Sd inst, recommends TINT
such of these Indians rs have violated mill
tary law be tried by military tribunal.
This recommendation was approved by the
Secretary OF War. Instructions were pre-
pared in 1868 by Francis Leiber, Ill. D., re-
viscd by a board of officers of which General
E. a. Hitchcock WAS president. and after up
prevail by the President of the United States
were published for the government of the
armies of the United States in the teId. Sec
ton ID Of these instructions is as follows ::
Military jurisdiction is of two kinds-fi first.
that which is conferred and defined by sta
tute; second, that which Is derived from
the common law OF war. Military offences
under the statute law must be tried in
the manner therein directed, but military
offences which do not come within the
statute must be tried and punished under
the common law of war. The character Of
the courts which exercise these Jurisdictions
depends upon the local laws of each particu-
lar country. In the army Of the United
States the first is exercised by court. martial,
while cases which do not come within the
rules and articles Of war, or the jurisdiction
conferred by statute on courtS-nartal, are
tried by military commissions All the
authorities which ] have been able to
examine upon this subject barmonize
with these instructions. According to
the laws of war there is nothing
more sacred than flag of truce dispatched
in good faith, and there can be no greater
act Of perfdy and treachery than the assas.
sination of its bearers after they have been
acknowledged and received by those to whom
they We're sent No statute Of the United
states makes this act crime, and there
fore it is not punishable under the rules
and articles Of war; and il punishable
AT uli, nuSt NC through power uerlfeu
from the usages Of war. Kindred to
the act 10 question in bad faith is the
breaking OF bis parole bya paroled prisoner.
"Whle the United States were at war with
Mexico, several officers of the Mexican army
were tried by a military commission, com.
posed Of officers of the United States army,
convicted, and sentenced to be shot, and eX.
ecuted for breaking their parole. .Numer.
Gus trials OF Il similar nature took place
during the war Of the rebellion, but there
are no statutory provisions whatever upon
the subjec., and the whole power Of the mil
iary authorities in such cases is derived from
the usages Of war.
"On the I'D of August, 1866, a military
commission, duty appointed. assembled in
the city OF Washington for the trial of Henry
Wiz, who pleaded, among other Thugs
that the military bad no jurisdiction over
either his person or over the subject.matte
OF The chn,ges and specifications, being
tribunal unauthorized by either statute,
tpiiitafy law, martial law, OF wel-estabishet
t'sage, But this plea was oyerri,led, and be
ANS convicted upon sesesal charges, one OF
"alsa waa murder, in the violation Of the