.MTAzNA.NjkyNDY

160 [stamp]

in the field.

         Manifestly these rules are, to a great extent, if not altogether correct, for it cannot be pretended that an United States soldier is guilty of murder if he kills a public enemy in battle, which would be the care if the municipal laws was in force, and application to an act committed under such circumstances.  All the laws and customs of civilized warfare may not be applicable to an armed conflict with Indain tribes upon our Western frontier, but the circumstances attednign the assination of General [strike] Canby and Thomas, are such as to make their murder as much a violation of the laws of savage as of civilized warfare, and the Indians concerned in