The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-06-08

nomDoPatnlst6 INSIST upon being repre-
sented in all medical institutions which
are supported by national, State, muni-
opal or eleemosynary contributions.
| BosToE, June 7.-The court decides
that rent cannot be collected where the
premises arc rented for the sale OF
liquor.
WASHINGTON, June THE following
ls the opinion OF the Attorney General
On the question submitted by the War
department relative TO the captured Mo-
docs:
DEPARTAldNT OF JUSTICE. June 7. 1873.
To the Presideni-SIR: 7 have the honor
to acknowledge the receipt from you OF
several papers relative to the Modoo In-
dams, now in the custody Of the United
States army, with request for my OPT.
nion as to the authority to try certain Of
the prisoners by military tribunal
The main facts out of which question
are these:
In 1864, the United States made o
treaty with these Indians, by the terms
OF which they we're to go and remain
upon reservation in the State of Ore.
gon. Late last fall. the Indians, being
away from their reservation, military
detachment was sent to procure their re.
turn. Finding them unwilling to 90
peaceably, the officer indicated his de-
termination to use oompulsiou; in conse-
quenoe OF which, conflict ensued be.
tween the United States troops and In :.
dians. Soon after, several peaceable
citizens and their families in the vicinity
were murdered by Indians in this band.
They then entrenched themselves in the
lava beds in the neighborhood. Fighting
ensued, and one or more severe battles,
in which persons on both sides we're
wounded and killed. and the United
States troops repolsed. Pending hostii-
ties, negotiations were opened for peace,
and on the 18th of April last, Gen.
Candy, Rev. Mr.. Thomas and Mr.. Men.
cham. at point between the opposing
forces and in pursuance of mutual
agreement to that end, met Captain
Jack, the leader Of the Indians, with
some Of his chief warriors, to discuss
the terms OF treaty; and while 80 en-
gagged, Gen. Canby and MIR. Thomas
were treacherously assassinated and Mr.
Meacham severely wounded by the In
diana present upon that occasion. Bat.
ties followed, and Captain Jack and nil
or most OF his tribe have been captured,
and are now in the hands OF the military
authorities. Gen. Sherman, in a com
munioation to the Secretary OF War.
dated the Sd instant, recommends that
suoh OF these Indians us have violated
military law be tried by q military tribu.
nal This recon n mendation is approved
by the Secretary of War. Instructions
were prepared, in 1868. by Frances
Lelber, LID, revised by O board of
officers, of which Gen. E. A. Hitchcock
was President, and afterwards approved
by the President of the United States.
In the field. Section 13 of these instrnc.
tions is as follows:
Military jurisdiction is of two kinds.
1st. That which is conferred and defined
by statute. I'd. That which ia derived
from the common law of war.
Military offences under the statute law
must be tried in the manner therein de.
signated. but military offences, whioh 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 de-
pends upon the locnl laws OF each patti.
oolar country. In the armies 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 court martinl, are tried by
military commissions. All the authori-
ties which have been able to examine
upon this subject harmonize with these
instructions. According to the laws OF
war. there is nothing more sacred than q
flag OF truce, despatched in good faith,
and there can be no greater act of per.
fidy and treachory than the assassina-
tlon OF its bearers. after they have been
acknowledged and received by those to
whom they are sent. No statute Of the
United States makes this act a orime.
and therefore it is not punishable under
the rules and articles of war; and il
punishable ut oil, must be through q
power derived from the usages OF war.
Kindred to the act in question, III bad
faith, is the breaking of this parole by n
paroled prisoner, while the United States
were at war with Mexico. Several of.
dcers OF the Mexican army were tried by
military commission, composed of of.
ficers OF the United States army, con.
vicsed. and sentenced to be shot and ex.
eouted, for breaking their parole. M.
merous trials OF similar nature touk
place during the war of the rebellion.
but there arc no statutory provisions
whatever upon the subject; and the
whole power Of the military authorities
in such cases is derived from the usaees
OF war. On the Odd of Annuat 1QeS r