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Correspondence about Satanta and other Indians who have committed murder and stolen animals during the last ten years.

Dept. of Justice, Washington, June 1873.

To the President,

       Sir,
               I have the honor to acknowledge the receipt from you of several papers relative to the Modoc Indians now in the custody of the U.S. Army with a request for my opinion as to the authority to try certain of the prisoners by a Military Tribunal. The main facts out of which the question arises are these:

  In 1864 the United States made a treaty with these Indians by the terms of which they were to go and remain upon a reservation in the State of Oregon. Late last fall, the Indians being away from their reservation, a military detachment was sent to procure their return. Finding them unwilling to go peacefully, the Officer indicated his determination to use compulsion in consequence of which a conflict ensued between the U.S. troops and the Indians.
 Soon after several peacable citizens and their families in the vicinity were murdered by Indians of 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 were wounded or killed , and the U.S. troops repulsed.
  Pending hostilities, negotiations were opened for peace and on the 15th of April last General Canby, Rev. Mr. Thomas, and Mr. Meacham at a point between the opposing forces, and in pursuance of a mutual agreement to that end, met Captain Jack the leader of the Indians, with some of the Chief Warriors, to discuss the term of a treaty, and while so engaged, General Canby and Mr. Thomas were treacherously assassinated and Mr. Meacham severely wounded by the Indians present upon that occasion. Battles followed and Captain Jack and all or most of his tribe have been captured and are now in the hands of the military authorities.
  General Sherman, in a communication to the Secretary of War dated the 3rd, instant recommends that such of the Indians as have violated military law, be tried by a military tribunal.
  This recommendation is approved by the Secretary of War. Instructions were prepared in 1868 by Frances Lieber, L.L.D., revised by a Board of Officers, of which General E. A. Hitchcock was president, and after approval by the President of the United States,