New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-06-08

during the war they are par, Of The laws
OF the land. Under the constitution. Con-
gress may define and punisl. efenses
against these laws. but in defaui. OF Con.
gress defining the laws, and prescribing q
punishment for their infractIon. and tho
mode of proceeding 70 ascertain whethes
any otfense has been committed, and wheS
punishment is TO be inflicted. the army
must be governed by the laws and usages
OF war as understood and practised 6y the
civilized nations of the world
Again. if the prisoner be regular nnofs
war. ne should be treated with all the cours
tesy and kindness consistent with his safe
custody. If he has offended agains. the
laws OF war. Ire should have ouch .riaf and
be punished as the laws OF Tar require. 4
spy. though . Prisoner OF var. may be
tried. condemned and executed bs mill.
,aSv tribunal withoV. a breach Of -he
bandit, . war sebeL "a sssas.
Elm. beng rnI,:. enemies, mag
he tried. condemned and execsted az OF.
tenders gainse 3he Jaws G waSs Tke SaW
Of nations which. is 'ehs reslii. Of ths ex.
rerienee and ~isdon1 of ages. has decided
that 'aydawkers, bandltti, etc. are offenders
against che laws Of nations. and Of war.
constitution has made stess laws .
part Of sile law Of tf,e land. See slso Ts.-
ie!, page 3;9: Whe atoms lneerns tioAa Law.
10':: WoVl.ecs International LaS.. ::es
fs!!eck's International Lave tOO Null.
& n,s ease. 4 Wallace. "a 81 =. lO'ds. a ;ee
t,e circumstances therein stated. . military
commission to be illegal. but the facts she,e
consideration. NuAigaH was ti,e ye.:.
dent Of p State not in febefiicn: the
courts were open and Mobstrnctea foc his
prosecution: he was Aeithe4 . prisoner Of
war nor attached ia any way to the niri.
tary or naval service of the United Ssa;sS.
According TO the instructions heretofore rec
ferred 10. no civil tribunal has Jurisdiction
on the cases disclosed by the rapess before
me. Sections fofty and forty one Aye as
follows:
Vorty-rhers exists 20 law or i,ody
'of authoritative rules Of action between
hostile armies, except that branch of the
law Of nature and nations WHICH is called
the usages of war on land.
Forty municipal Law Of the
ground on which the armies stand, or Of the
countries to which they belong, il silent,
and Of no effect, between armies :n the
field.
Manifestly ,hese rules to . great extent.
if not altogether, are correct, for 10 can 40.
be pretended that a United States
soldier is guilty Of murder If he Kills q
public enemy in battle, which would De the
case il the municipal law was enforced and
applicable to an act committed under such
circumstances. All the laws and customs
Of civilized warfare may nos be applicable
to an armed conflict with che Indian tribes
upon Ou. Western fSontiey, but the sircum.
stances attending the assassination OF
Candy. and Thomas are SUCH a. to
make their murder ae much ayiofatioh OF
the laws Of savage as Of civilized warfare.
and che 1ndians concerned in it fully under
stood .he baseness and treachsyy Of shsiS
acs. IL is difficult 20 defineexacr1S the -.
la.icns Of .Is ln6ian tribes to tie VnitsS
statse. tu: % they haye been sscss.
aisea ~ iaaeyendens sonmnaitiss. fog
prOt,ae.eI wars, ;hes very properly. As it
seems to ne, are 20 BE Geld subject % those
rnles Of war{afe which make neeosistiop
for peace, aftes hostiiitles. Vsssi6aes ana
which make sesids Iike that ~ question:
Ooub,less the vas with sis krodses -
practically ended, unless seme Of them
should escape and :enew hostilAies; but ID
is the Eight Of the United States, o. there
is no agfeepeAt foG peace 20 determine 9oH
themselves whether Or Rot anythieg more
ought 70 be done for che protection % the
country Of the punishment of csines grow.
ans~e4abls for bis cyines committed
against the eaptoys. aeny OF people, com.
mi-t<d before he was captured and for
which he has aot been punished by his own
AUTHORITIES. Ny conclusion. therefore, iss
that . hilisary commission may be ap,
poin ted 70 .ry such Of the ModoS faaians
po'v in enstcdy a. are charged with OtfeAseg
against The recognized laws Of war. and
that if VpeA such trial there ane any that
are found guilty, they may Se subjected to
such punishment as those 1aws fes nire or
justify. very respectfully, yeur Obedieat
GEORGE Il. WILLIAMS.
Attorney Gehefai.
The following spec!ai postofies appoint
nents wers Made today: Eensy Clay Baye
ley. IN Virginia. and Peter q. Clark IL
Alabama,