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

to be illegal, but the facts there are entirely
different from those under consideration.
Milligan was the resident OF a State not IN
rebellion. The courts were open and un-
INSTRUCTED for his prosecution. He was
neither prisoner of war nor attached IN any
way to the military or naval service OF the
United States. According to the iustruc-
tons heretofore referred to, no civil tribunal
has jurisdiction in the cases disposed OF 5y
the papers before me.
"Sections 40 anG ii thereof are as follows:
"40. There exists no law or body OF
authoritative rules of action between hostile
armies except that branch of the law Of na-
ture and nations which is called the law and
usage of war on lard.
".41. All municipal law Of the ground on
which the armies stand, or OF the countries
to which they belong. is silent and of no
effect between armies in the field
"Manitestly these rules to great extent,
if not altogether, are correct; for 1t cannot
be pretended that a United States soldier is
guilty. of murder il he kills a public enemy
in battle, which would be if the municipal
law was in force and applicable to al act
committed under such circumstances. All
the laws and customs of civilized warfare may
not be applicable to in armed conflict with
the Indian tribes upon our western IRON
tier, but the circumstances attending the
assassination of Candy and Thomas are such
rs TO make their murder rs much Il violation
of the laws of savage us Of civilized warfare,
and the Indians concerned in 1t fully under
stood the uaseneSs and trelcherv of their
act. 1t is difficult to define exactly the rea-
tonS of the Indian tribes to the United
States, but as they have been recognized rs
independent communities tor treaty-nlaking
purposes, and us they frequently carry on
organiZed aud Drotracted wars. they may
properly. as it seems to me, be held subject
10 those rules of warfare which make
negotiation for peace after hostilties posi-.
bic. and which make pertidy, like that in
question. punishable by military authority.
Doubtless the war with the Modocs is prac-
ticaIv ended, unless some of them should
escape and renew hoStlile>, but it is the
right of the United States, as there is no
agreement for peace, to determine for them
selves whether or not anything more ought
to be done for the protection of the coun-
try or the punishment of crimes growing out
of the war. Section tifty-nnc Of said in
strl, iiuns is is follows:
"a prisoner OF war remains amenahlc for
ri> &! ines committed before he was CAP
t,Ired. and for which he has not been pun
ishrd by his own authorities My conclu-
sion. therefore, is that military commits.
sion may be appointed to try such of the
Modoc indians now in custody as are
CHARGED with offences against the recognized
laws of war; and that if, upon such trial,
any are found guilty, they may be subjected
TO such punishment rs those laws may re-
uuirc or Justify.
"Very respectfully yours,
"GEoRGR Ii. WILLIAMS,
Acknowledgement" Z
CAPTAIN JACK INTERvIEwED-uIs PERSONAL
APPEARANCE-HE ATTEMPTS TO ESCAPE.
BoYLEs CAMP, June "A correspondent
writes from this point as follows: had an
interview with captain Jack through the
medium of an interpreter. at first he was
reticent: in Tact, he did not even notice me.
Finally his sister Mary prevailed on him to
talk. His first remark WAS in relation to his
shackles. He said it made him feel mean to
lie hobbled like ii horse. He was not afraid
to die and had no idea of running
away. As he spoke his eyes snapped
and he looked Il very lion in rage. All ques-
lions pertaining to bis tghtiug he declined
to answer. When J. asked him bis age he
gave ult W III Nts I'LL
and inc then voluntarily started upon Il state
ment of his grievances. and those of his peo-
plc, with reference to the Ben. Wright
atfray. He -aid that white men had muir
dered his people Years ago, and that what he
had done was only in payment of old debts.
He did not enter into details, but left the
interpreter and Scariaced Charley to patch
I'D q story. A critical study of Jacks
ST., cd tbo Iori,oI
at first sight. He is a thorough Indian. His
head is large, quite square, and sets firmly
OH his shoulders. His eyes are black and
bright, and his face broad, with prominent
cheek-bones. His nose is symmetrical and
slightly aqualine. His lips are thin and
clear cut, and indicate that reSUuteness Of
purpose that has won him such notoriety.
His complexion is dark, and his face has Il
pleasant look. Take him all in all, he is u
striking man. Place him amongst thousands,
and he would be taken for chief by any
observing stranger. Those who have seen
him do not wonder that he is leader of the
Modocs. Though in Chains and on the
brink of eternity, he is yet feared and re-
spected by the Indians about him. His
nearest companion-in-cbain is Schonshin,
who is about fifty years Of age, is wrinkled,
and has the Villain depicted inevery line of
his face. He wears his hair short, and
stands about five, feet in his mocclsins.
Boston Charley is about twenty-five years old.
His face Is eXpresSonlass. jack would at
tempt to escape if he had Il chance, even at
the risk OF being shot down. Probably be
never realized that his death was inevitable
until irons We're placed on his feet.
Seartaced Charley says Jack told him he
could get clear when the white men were
asleep. This was before the irons were
brought into Use. General Davis is satisfied
that Jack did try to escape last night, and
through the hid of confederates on the out
side; for upon all examination OF his
shackles this morning it was found that one
of the rivets had been filed nearly in two.l
His legs only are confined.
At 4 O'clock this afternoon Colonel Mason
arrived here from Faircbilds's rancho with
| the infantry force Of the expedition and the
seventy MGdoes who came in there. Thus
| we have here IFS eHptiycs.
News has reached here that Hooker Jim
and Steamboat Frank made n successful
scout yesterday by cooperating with the Or
egon volunteers. They tia;led three war;
riors and five sqllaws TO Timber Mountain,
aud assisted In making u capture. -,
One OF the capliyes is Black Jim, the Mo-
doc who bullied the settlers in this region
for two or three years, and committed cruel
murders. The Oregonians regard him with
special hatred.
Only five orsix of the Modoc warriors are
now missing. The Warm Spring Indians
held War.dauce This. evening", which was
witnessed by a large nun,ker of officers and
men,