, 1873-06-09
WASHINGTON.
Special Dispateh to Thd Chicago tribune.

Tho Secretary of the Troauary l,as again had occa-
ston to approve tho action Of COLLECTORS Of Customs,
marina iapers upon ontorlng tho nayigablo watora Of
tho United States, waA protoatrd ngalnst as oppres.
employed exclusively IN tho navigation Of eanals
erS ssGp i'm f1oa oaqs f ana w. hey
bncolno subject TO the navigation laws.
40 Ht Assoctated lress]
,..s1Pts lMfohTANr pEois1oa ~ MEIAT1sa 70 ronAcco.
n Revenue writes that his office doos not sanction the
practice Of cutting forty and atxypoun packages Of
salo or exposed for sao In hntf-boI without having
marks oi tue brand, tho caution notice, and stamp
urea, and should DO seized. "'''''- '''7
LrrTEn DELIVERY At OMAHA.
Tho poatmaster- General to-day asuel IN order for
ha, commencing July 1.
Of s156ooooo ia to 10 paid sopt II, in tho present
EIGHT HOUSE SIGNAL.
From Friday tho 20th flxcd red Light will DO OK
hibitcd from tho outer ond Of tho south pier at tho
larbor of Pontwator. Mich.
rro Tho ,nn ct tho party rrss
this morning, and continued until late in tho after
9oe NJ ss set oa
sourccs Of tho chngasser Of tAo testimony.
TIE AgTonNEr-oEMsEnAI Ne oN TIE -, Nopoo QUESTION;
in relation 10 tho Moaoo cap!ives:
DEPARTMENT. OF 1usr1ur, WAsl15NoroN, p: o.,}
Saae - Aeso* }
s1n I hhvo tho honor to acknowledge the receipt
dtsus In custody et tho united States Army, With
request for my opinion 20 to tho authority to try
sn ct Tue sE af y Tas
taoao: III 1904 tho United Btatos made treaty With
these indiana, By tho tes1na Of which they wero to 60
aud rornan upon reservation In the Slate Of Oregon.
Lsto last fall the Indians being away from their rescr
vston, military detachment was sont to procure their
return, Finding them unwilling to go poacofnlly tho
ocor indicated his determination to cotnpulatou
n consequence Of which conflict onsuod betwcon tho
crai peaceful ozos and thor families il tho Vicinity
wore murdered By tho Indians of this band. They
neIslborhood. Fighting cnsue.t, and ono or moro
seyero battles sool Place H. which nersons % nath
o ssa eaa s' sse ss unsa nsssons
Con- daaSys hf ~; IT, II; ;To%ss snS IL ~
= E mutual 'stssa'nt ''si
to discuss h terms Of ts treaty, and, whle 90 On.
gagged. Gen. canby and Mr. Thomas wcro sreacher-
onsly murdered, and 1r. nIcacham severely wounded
W tho Indians present on tint OCCASION Battles fol-
lowed, md Capt. Jack md all or most Of his trbe
have been captured, and arc in tho hands Of tho
cation to tho Secretary Of War dated the al inst,
commands that such OF theao Indians rs have violated
as military sw T. tried y mafy "a T'
1nsr4etona wero prepared in 1859 by Fnncss Leibcr
IL, D revised by Board Of ofllcers Of which Gen.
tue President Of tla United statcs woro published for
tho government Of the armies Of tho United States iu
tho iod. Section u Of theso Instructions ia fol-
Military 1uriadicton is Of two kinds. First-That
Which ig conferred and defined BY statute Second
Military olcnscs under statute law must bc tried in
the manner therein decided, but military olenaes which
DO not como within tho statute must 10 tried aud Qnn
tshcd under tito common INV Of war. The character
Of tho courts which exercise cse jurisdictions de-
ponds upon tho local laws Of cach particular coul-
In tho armies Of the United sates tho first is ezer-
within Tho rules and articles jurisdetion conforrod
ty statute on Oourts-h1artiM are Tried by Military
All authorities which hayo been able to examine
upon this subject harmonizo with these inarnctous.
Aecordingto tho laws Of war; there y nothing more
sry thsn tue essasstnaon Of ss beareis after they
whom they aro sent. 10 atatata d tho utcd States
tshahle under tho rule; nhd articles Of war, and,
power derived from tho nsages. Of war. Kndred
70 the act IN question Of bad faith ts the breaking Of
States we're 81 It var viii o1iso several ocors Of lis
Mexican army wsro tried by Military Commission,
convicted and sontonced to be sho. md executed for
nature took plaza during tic war of tho Rebellion but
there nre no statutory provisions whatever upon the
euboct, and tho whole power Of the militars author
beg in such sasea Is derived from the usagcs Of
duly appointed assembled III tho city Of washington
& fer te @ trial e e Henry Tn Wurz who pleaded, among
IL y loa on ass 3hs h'
bunal ,unathorized Iby lethar statute military law,
plea Was . osf.rruled. aud he wa convicted
hung for ia crimes. AL tho proceedings in this case
derived their authority and validity from tho common
were tried and conyteted in tho uan,e way for the
assassination Of President LINCOLN Attorney
Speed in discussing this eubjcct Opinions VOL H. p.
10 iavo seen tint when war comes the laws
md tag tnsag'a Of war como also and that during
Under The Constitution, Congress may define M % and
punish oensea agatnat those avs, hut IN default Il
ss hs eHs s. pfssssa
to ascertain whether any oenso has been committed
stood and pfact,sed by the civilized nnsions of lie
world Again II tho prisoner DO regular, unoacnd-
10 treated with a courtesy and kindness Consistent m
With hts sae custody Il le las offended aga!nat tho
as tho laws II wsr reaaire SPY, though s prisonor
Of war, may bo tried condomnod, and executed by
military tribunal without breach Of Tho Constitution.
rassin bong public onemy,rnay be tried, condemned,
nna @ 91scu;od Ut ~ offenders against The wa OF
Jayhawkora, bandits. ETC.. aro offenders against
tho law Of nations and OF war and,
rs such ancnab!c to tho military. Our CONSTITUTION
has made these laws part Of tho law Of tho land [sce
aso vattelt $50 Wleatonn Int. Law, 4oa: Woolsoys
Int: Law, $40; IIallcsks Int. Law, 40ol.
Mijgans case Wallace, p. p holds that under tho
circumstances herein stated Military Commission to
10 illegal; but tho facts thero aro eroy different
dent OF State not In rebellion. Tho courts were open
Ind nnobsructed for hs prosecution. He neither
prisoner Of attached Il, any way to tho mill
ary naval service OF the United Btatcs. According
to- "tnstr'lctionao heretofore rcforrcl to- civil
tribunal has Jurisdiction In tho aiscloBcd by the
papers before me. Sections 40 aud II thereof arc as
Follows:
SEC. 40. Thero exists law or body Of authorita-
two ruos Of action botweon hostile armies except that
tranch Of the law OF nations which is called lilo law
ard usage OF war on 1und."
SEQ Il. All municipal law os tho Rroun1 on which
armies stand, or OF tho countries to which tloy bolog
ia silent lud Of effect betweon armies In tho cld
Msuifcatly tleso rules arc to great extent, II not
altogether correct, for Ii cannot DO rrecnded TINT tho
Unified States soldier is guilty Of murder II he kills
public enemy in battle which would BE- the ease tho
III act committed under such circunRtanceg All laws