.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 Indian tribes upon our Western frontier, but the circumstances attending the assassination 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 it fully understood the baseness and treachery of their act.
         It is difficult to define exactly the relations of the Indian tribes to the United States, but as they have been recognized as independent communities for treaty making purposes, and as they frequently carry on organized and protracted wars, they may properly, as it seems to me, be held subject to those rules of warfare which make a negociation for peace after hostilities possible, and which make perfidy like that in question, punishable by military authority.
         Doubtless the war with the Modocs is practically ended, unless some of them should escape and renew hostilities; but it is the right of the United States, as there is no agreement for peace, to determine for themselves, whether or not anything ought to be done for the protection of the country, or the punishment of crimes, growing out of the war.
         Section 59. of said Instructions is as follows: -

"A prisoner of war remains answerable for his crimes committed against the captor's army or people, committed before he was captured and for which he has not been punished by his own authorities."

         The conclusion therefore is, that a Military Commission 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 as those laws require or justify.
                                                                            (Sgd) George H. Williams

Official Attorney General (Sgd) M. V. Sheridan Lt. Col. & A. D. C., Mil. Div. Mo. Official (Sgd) Colon Augur A. D. C., Dept. Texas (5006. D. T. '74.) ________________________________________________________________________________________________________________________________