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DAILY NEWS. S TONE fe UZZELL, - - Proprietors. FAT.KTTKVH.LE STREET, Over VV. C. Stronach & Co.'s Store. CASH INVARIABLY IN ADVANCE. Jinn- DAILY NEWS will be delivered to subscribers at fifteen cents per weeK, pavuble to the carrier weekly. Mailed, at 7 per aniinm; fcUuforsix months; 82 forthrea i'lie W i;i:KLY NEWS at t2 per annnm. AHaY RATES OP ADVERTISING. OneBquara,ae lnsertlOHM..;...f i 00 One square, two insertions i 50 One square, three insertions 2 66 one square, six insertions............ 3 00 One square, one month.. g 00 One square, three months . 16 00 One square, six months. ............ 30 00 One square, t. elve months, . 50 00 -.r lTPeT advertisements, liberal con tracts will be made. Ten line s solid non pareil constitute one square. VOL. II. RALEIGH. N. CL SUNDAY MOllNING. JUNE 8. 1873. NO. 90. J HE : x ... : - MORNING EDITION. - SUNDAY.' JUNE, 8. 1873. LOCAL MATTER. E. C. WOODSON, City Editor -TAII parties ordering the Now will please send the money for the time the paper is wanted. '"Contractors will not beallowed, under their contracts, to advertise any other than their legitimate busi ness, unless by paying specially for such advertisements. -J. O. It. Nuttall, of the Charlotte Advertising Agency, is agentfor this paper in Charlotte, N.C. Me is duly authorized to contract lor advertisements and receipt lor subscriptions. lessrs. Griffin and Hoffman, Newspaper Advertising Agents, No. 4 South Street, Ualtimore, JNId., are duly authorized to con tract for advertisements atom lowest rates. Advertisers in that City are requested to leave their favors with this house. kj-Thk agricultural Journal and the News. The State agricultural Journal, an eight-page Weekly published i n mis city, will be clubbed with the Daily News at SS.50 per annum, and with the Weekly News at S3 50 per annum. Orders directed to either paper will receive prompt attention. v As the enforcements of tJte Cash system icill cause usto strike from our lid the names of many of our subscribers and after the Jir , of this t month, ice trust that no offense will he taken by those who may thus find their papers discontinued, at ire mean no disrespect to any one in doing so, but only to carry out our deter mination and the recommendation, of the late Press Contention. We timt, how trer, that those thus deprived of the News tcill at once renew their subscriptions. STONE tt- JJZZELL June 1, 1873. post officii: directory. w RALE Kill POST OFFICE ARRANGEMENT. Office hours from 8 a. m. to 8 p. m., du ring the week (except while the mails are being distributed.) ' TIME OF ARRIVAL AND CLOSING THE MAILS Western New Orleans, La., Augusta, (ia., Colunilxia. S. C, Charlotte, Salisbury, Greensboro, Salem, Chapel Hill, Hillsboro. !fcc, due at 7:30 a. ni. Close at 6 p. m. Eastern Charleston, S C, Wilmington, Newberu, 15eau!ort, Goldsbjro, &c, due 7 p. in. Close t:"ia. m. ' Northern, via Weldon New York, Balti more, Philadelphia, Washington, Kich inoud, Petersburg, Norfolk, Weldon, &c, tlue at at 3 30p. m. Close if: 15 a. m. Northern, via Greensboro and Danville Va.. due 7:30 a. m. Close G:30 p m. Chatham Railroad Fayetteville, Jones boro. Apex, Osgood, &c, due 10 a. m. Close 3 p. ai. Miscellaneous Eagle Rock, Monday and Thursday, due 11J4 a. ni., close 1 p.m. Rox boro, every Wednesday, due HVia. m., close I p. m. Eeachburg, every Veduesday, due U)4n, in., cIum; 1 jj. in. Avorattbora. clowo n prm. Thursdays, due 6 p. m. Fridays. Office hou.s for Registered. Letters and Money Order Departments, from 8'a. m. to ":30 p. ni. No mails sent or received on Sundays. W. V. IIolden, P. M. Local BniEFs.- The postal box scheme has exploded?" Another barbecue at Miburcie is talk ed ot. AlHhe churches will be open to-day. Attend them. We learn that a steam laundry will sr.on be started in this city. Yesterday the Mayor's court, like oth er parts ol the city, was scarce ot item?. Ten thousand 'postal cards were re ceived yesterday at the Postoffice Th this city. , . Hev, L. L. Ileudien, ot Newbern, will cuiipvtlie pulpit ot the Edenton Street Methodist Church this morning. Yesterd iy afternoon the police took up a stray mule on Fayettevilte street. The animal is at John Kelly's livery sta ble awaiting the appearance of the owner, On yesterday a colored lad, living in Eastern Warty while indulging ii the .'youthful aud fascinating spoit of walk nig a fence rail had the misfortune of dislocating his collar bone. We sue pleased to see our friend S. Harris ' Hopkins, of the tirm of Hull, Atkinson & Co., 253 Baltimore street, wholesale dry goods dealers, who is now ) a visit to our city. The house he represents:' is too well and lavorably known throughout the State to require any commendation at our hands. " Yesterday morning seme small color ed lads amused themselves by climbing up on the front.door of the market house, when the sport was brought 'to a sud den termination by the toppling over of the door. One little boy was caught un der it, but fortunately escaped with a lew bruises. SrritEMB Court. The Court mc- yesterday at the usual hour. All the .Justices present except Justice Boyden. The following cases were argued : Louisa Eason Adm'x. vs. Joseph Bil lup's et al Perquimans. W. H. Smith lor the plaintiff and G. V. Strong for defendants. William G, Warren and wife et al., tV, M.' G. Badhum, -adm'r, Chow an. A.M. Moore and Smith & Strong for plaintiffs '"and . Gilliam & Pruden, Battle it Son and Moore & Gatling for 'leleml int. This case was argued upon a prelim nary question, and referred tothe Clerk of, ;iie 'Jourt to find trie facts. The Court adjourned to meet again to-morrow morning at the usual hour. AFTKlJXOOK SESSION. , At 3 p. --ni. the-court reassembled. The cuse of the United States vs. (3. R. Cawthorn, Granville, tor violation of the revenue law in regard to manufactu rer's books was called. Major T. B. Venabie appeared for the defense and U.e District Attorney prosecuted. Af , ter argument the case was given to the jury, who, up to this writing (7 p. m.), had not teturned a verdict. A motion for a new trial in the Abner Kelley case was made and continued over until Monday. An Excentric Couple. The'passen- gers on the cars from Weldon to Raleigh were much amused a few days since at two characters well representing their nationalities. The first was a polite old batchelor from Virginia fat, forty and fully up to Lord Chesterfield in ; polite ness. His amiability and disposition to be agreeable increased in proportion to the number of times he and bis new made friend visited the smoking-car to take just one drop more.) "Whether ap pointed or self constituted, he had as sumed the position of grand usher, and no sooner could a passenger open the door to enter than he would rise, and, with a tow bow, point him to a seat; and if the passenger happened to be a lady he would give her a seat even if he had to dispossess a gentleman to do so. So you may readily see that his politeness became very annoying to bis fellow-passengers, each one anticipating at the coming station it would fall to his lot to either vacate or take a stranger on the seat with him. His car acquain tance, and the one with whom he seemed most familiar, but could not agree on ony point except taking another drink, happened j to be .a little bald headed, epeck-backed Englishman, all the way from the old coun try, and" full of predjudices for America and anything in it.. He was on his way to visit a friend near Ash vilie, and so great was his love for his friend, or so strong was his desire to see Aiucrica Englishized that he had taken the trouble to cross the great Atlantic and bring from home a setting of eggs, the product of Lord Campbell's iamous Dorkings. These he had neatly packed in a paper box and had been brought all the way in his hand. They were large, nice and yellow, and to him very valuable; and the more American whis ky he drank with our brown yarn coat, high beaver hat, yellow wig Virginia triend, the more valuable they got to be. At first the hens that laid them were worth tea dollars each, and at the last telling which was about the one hun dredth, the eggs were worth twenty dollars each, ajui that even could not buy one. They were snugiy packed in a shallow paper box not lined with 'American cotton, but with a good Eng lish preparation, the only thing known to keep eggs safe and carry them all right, eveu unto the end of the world and as long as time shall last. But in this instance Dorkin eggs and English packing could not stand Vir ginia weight. Our Virginia friend in his over desire to seat a new comer, has tily took his seat just on the top of the box" of eggs. It is true he jumped up as it he had set in a tub of hot water, but not in time to save the eggs, which were in one jumbled mass ot ruin, not a whole one left, much to the chagran and mortification of both parties. We could only hear, "you stupid American you are dull as asses," etc., from the Englishman, while our Virginia friend was at the top of his voice, making all kind of excuses and apologies, and promising to send him a setting of the Virginia Dominique or Richmond Top Knot. The arrival of the cars at Raleigh, caused us to part with these gentlemen who were too well matched to ever be separated. ' Ouu Churches To-Day. Divine services will be held at the .following Churches 'to day, (Sunday.) Strangers and others in the city are earnestly and cordially invited to attend. Gentle manly ushers will be present to conduct visitors to pews which are always free. Edenton Street Methodfst Church, Edenton street. Rev. L. L. Hendren, officiating. Services at 11 o'clock a. m. and 8 o'clock p. m. , Baptist Church, corner Salisbury and Edenton streets. Rev. T. II. Pritchard, D. D., officiating. Services at 11 o'clock a. m. and 8 o'clock p. m. Presbyterian Church, corner Salisbury and Morgan streets, Rev. J. , M. Atkin son, D. D. officiating. Services at 11 o'clock a. m. and 8 o'clock p. m. Christ's (Episcopal) Church, Wilming ton street. Rev. Dr. R. S. Mason officiating, services at 11 o'clock a. m. and 8 o'clock p.m. St. John's (Catholic) Church, corner Morgan & Wilmington streets. Rev. J. V. McNamara, priest, officiating. High mass at 11 o'clock. Person street Methodist Church, Hev. Mr. J. A. Trimmer, officiating. Service at 11 o'cloek a. m., and 8 a. m. St. Augustines (Col.,) Episcopal, cor, ner of Lone and Dawson streets, Rev. John Smedes, officiating services at 11 o'clock a. m., and 8 p. m. CleanUp. We again urge upon the city authorities the necessity of at once taking prompt, steps to enforce proper sanitary measures. The city is filthy, ad much sickness must ensue during July and -August unless the evil is re- f moved. In Eastern and Western wards there are a number of back yards that reek with filth) and emit odors of the most - disagreeable description. This matter admits of no delay; as the Sura mer is upon us and' the health of the city is at stake. We hope the Chief of Police will at once give this mafter his attention and not make it necessary to anuae 10 it again The New Light Great Induce ment to Capitalists. The Wood-Car. bo Hydrogen Gas patents for the State of North Carolina have been sold in Ral eigh to Messrs. Brewster and Thiem, who are now manufacturing the ma chines, large and small, to suit all par ties. The Agent, S. H.,Bayley, has yet the States of South Carolina, Georgia and Alabama tor sale at a very reasona ble price lor such a valuable invention All he material i6r manufacturing the machines ana tor producing the eas can be procured as cheap in Raleigh as else where, and a business that will give em ployment to a large number ot mechan ics and working-men can be established here on less capital tUan anything here tofore introduced into this country. The newly eieciea policemen .were worn in yesterday by the Mayor. Warrenton Female College. The commencement exercises of this popular institution of learning, closed on Thursday night last. Th.e Rev. Mr. Thompsou, of Fayetteville, preached the annual sermon. It abounded in chris tian pathos, classic elegance and beauti ful imagery. It was a sermon of decided ability, great research and wide range of matured thoughts The graduating exercises began on Thursday morning. Eleven young ladies of fine personal appearance, and rare scholarships received diplomas of graduation. Their essays Were pro nounced by men of talents and scholarly culture, as being of the first order, both in elegance of dictidn and excellency of thought. They certainly showed care ful training, and a high degree of intel lectual development. After a few highly appropriate re marks to the class while conferring the degrees, Dr. Jones, the accomplished President, introduced the lion. W. M. Robbins, who delivered the literary ad dress. The address was one of rare merit. It was full of the brightest gems of thought, replete with sparkling wit, illuminated with splendid meta phors, pointed, terse and eminently practical. It was a glorious success such as characterized the usual efforts of that highly talented gentleman. The concert was a fine success. The young ladies sang charmingly and per formed their pieces admirablv, showing a high degree of skillful training and musical attainment. Men of cultured intelligence spoke of this commence ment as being one ot unusual brilliancy and success. - The next session of Dr. Jones will open in the splendid new college at Greensboro, where still greater success will crown his efforts. The eminent qualifications, rare scholarship, long ex perience and the parental care ot Dr. Jones place him in the front'rank of America's successlul teachers. Serious Stabbing Affray in a Printing Office. On yesterday after noon a serious stabbing affray occurred in the composing room of the Daily Soitincl, of this city. Otho Crabtree, a printer of the city, entered the office in a state of semi:intoxi cation, and became so rude and ndisy in his demonstrations that he was ordered out. He went , out but soon returned, having, it is said, an open knife in his pocket. Mr. J. S. Hampton, of the " Sentinel Publishing Company," who was working at the case, told him to keep quiet that he had already pied some matter, jraotree repueei- mat it any man said be had pied any matter he had told a d d lie. Mr. Hampton resented this by a slight blow with his left hand. A fight ensued, which resulted in Mr. lampton receiving a cut in the chin, severing an artery, one in the fleshy part of the right thigh and two deep cuts in the hand near the thumb. Du ring the fracas, by some means, Crabtree received a severe gash across the back ot the hand. How this wound was in flicted no one now knows, as Mr. Hampton had no knife in his possession at the time. ' The police was soon on the spot, and Crabtree was carried to the guardhouse, where he is at this time, (7 v.t still held in custody. - Dr. James McKee was called in, and attended Mr. IlamDton's hurts. None of Mr. Hampton's wounds are considered dangerous, though he was much debiltated from loss of blood when he was taken home. The matter will undergo an investigation before the Mayor to-morrow if Mr. II. is able to attend. U. S. Circuit Court. Court met yesterday morning at 9 o'clock, Judge Brooks presiding. Only one case came up for trial : Uni ted States vs. Abner Kelly, Chatham county, indictment for conspiracy. The witness for the proscution, II. Douglas, col., testified that some time in the vear 1871, a band of disguised men iook him.out of his housedn Chatham county, and whipped him ; that there were eight or ten of the men. Witness did not see the faces of the men, but recognized de fendant as one of those present by his size, walk, &c. On the other haud, the defendant proved by Kelly that he (defen dant) stayed at hisrhouse on the night in question, and did not leave the house. Three or four witnesses (among them Mr. Harrington, of Harnett county, a former Republican member of the Senate and the U. League) testified to the unxcep tionable character of the witnes Kelly. The case given to the jury who, in spite of this well-sustained alibi, and the flimsy character of the evidence of the prosecution, returned a verdict of guilty, and the District Attorney prayed judg ment. ' The Court adjourned until 3 p. m. A Chance for Water. In the meet ing of the Board of City Commission ers, Friday night, Commissioner Up church, from the Middle Ward, offered a resolution, looking to the establish ment of Water Works for this city on a large scale. The resolution authorizes the Mayor to open books for subscnp tion to the Raleigh Water Works Com. pany on Monday, the 9th inst., and fixes the capital stock at $200,000, shares flOO. We have interviewed the Mayor on this project, and we learn lrorn him that ho has purchased a huge book, leather bound, and .will open it, as per resolution, on Monday, the 9th inst., and keep it open lor thirty days to give our people an opportunity to aid in turning a flood ot pure water on this city, suf ficient foi every and all purposes, and he invites all persons to come forward without other invitation, and contribute to this grand object. State of the Thermometer. The Thermometer yesterday stood as follows at Branson's Book Store : At 9 a. m. At 12 m.. At 3 p. m . At 6 p. m. 78 81 83 83 The North Carolina Fertilizer Company. We announced some days nee that it had finally been der- mined to locate the iaciory oi tnisuom pany in the State, and on Friday we made known the fact that Raleigh had been selected as the point. As the on- y objection ever raised to the plan was. 'that the factory was to be built out side of the State and by so doing hands would be employed at that point, in stead of furnishing work for the labor- ng class in the State," that now as this objection is removed, we trust all oppo sition will end, and as the short time which is left in which Col. Griffith can hold together the parties, whose servi ces he has secured, will expire in eight days, that all lend a helping hand. The time has become so short that actions no words must be the order of the day. There is no time for dicussion. We have no doubt that many good reasons could be advanced ior other points, but Raleigh has several lines of railroad, and thus freights may be kept down. Again, we would be able to reach the tobacco sections at much less freight than any other com pan v. and the trade of the obacco section is very desirable, from the fact, that selling their produce at the season of the vear that cruanos are bought, they are able to pay cash for the same, and a cash trade is always desirable. ' Whenever the machinery of the actory becomes broken or out of order, we nave as sood machine shoos and oundries as any other point in the State. - We sav again, as in the beginning, there is no time for delay, and as the factory is to be in the State all objection is met, and we ask for action at once by those desiring to subscribe to the stock of the Company. Parties desiring to subscribe can authorize a friend at this citv to do so or them, in case Col, Griffith does not send them one of his circulars. TnE Grand Chapter. This body, which wa3 in session here for several days this week, has closed its labors. The Raleigh delegation, with the excep tion of Mr. feathery, whose duties as Private Secretary to the Governor called inn home earlier than the others, will cave this morning. Messrs. Nichols, Bain, Bradley and others visited the different places of interest in and around the city yesterday, and expressed them- selcs well pleased with what they saw, as well as with the place and people generally. The Grand Chapter meets in . this place again next June. Wilmington Star, Gth inst. A Kind Act. Yesterday, at the Cir cuit Court, quite a number of men from Harnett county, charged with ku-klux- ng, were required to give bond for their appearance at the next term of the Court. Not a member of the Harnett county bar was present, and they were here 'strangers in a strange country" without friends or money. Only one of the par ty of about twelve knew a man in the city, and in this case it was only a slight business acquaintance, W. C. Stronach, Esq. He approached him, stated the case, and Mr. S. went lorward and sign ed the bond for all. The party immediate- y went on their way rejoicing over their good luck in finding a man in Raleigh whose heart was large as his body. "Patrons of Husbandry." Col. D Wyatt Aiken, Grand Deputy ot the Na tional GraDge and one of South Caro lina's most prominent agriculturalists, will in a short time deliver ah address in this city on the subject of 'Patrons of Husbandry" and agricultural matters generally. We trust that the farmers of Wake will turn out and hear the Colo nel as he will no doubt impart valuable information to them. The exact day upon which the address will be deliv ered will be announced in another issue. FUNERUL OF THE LATE JAMES PlRS- son. The funeral services of this gen tleman were performed yesterday at Christ (Episcopal) Church, Rev. Drs. Mason and Smedes officiating. After the services at the church the remains were taken to the city cemetery and de posited in the vault of J. W. B. Watson, Esq., where they will remain until the Fall, when they will be removed to New York. In the death of Mr. Pirs son Raleigh loses a good citizen and so ciety an honest, well-meaning man. RALEiGn Typographical Union. At a meeting of Raleigh Typographical Union last evening the following offi cers were elected for the ensuing six months : Q President M. V'B, Gilbert; Vice-President J. C. Birdsong. Corresponding Secretary C. E. Lee. Recording Secretary Z. T. Brough ton. Auditor L. N. Keith. Sergeant-at-Arms J. C. King. SPECIAL CITY ITEMS. Job Printing. We call the attention of merchants, Clerks of Courts, Sheriffs, Law yers, Railroad officers and Agents, and all others having orders for printing, to the facilities offered at the Daily News Print ing Establishment for the prompt and faithful execution of all kinds of Job Printing. We can furnish at short notice Cards, Bill-Heads, Letter-Heads, Program mes, Ball Tickets, Blanks, Pamphlets, Tags, Hand-Bills, Catalogues, Bills of Fare, Show-Bllls, &c., &c. Satisfaction guaran teed. NEW A DVERTISEME1VTS. $50 R E W A R D Stolen from the subscriber on the 1st day of June, a LArtGE CHESNUT SOKREu MARE, twelve years old; slightly sprung in hind ancles. I will pay TWENTY- FIVE DOLLARS for information that will lead to the recovery ot the Mare ani the same amount for information that will lead to detection of the thief. C. H. GAY, ju7-d6tandw4t Kittrells, N. C, T A fX BALES HAY, OATS AND Shucks, for sale at lowest market price. ju3-tf W. C. STRONACH. TELECItjlPHIC JTJEirS. NOON DISPATCHES. Domestic Intelligence. A quarter, ot a million fire in Toledo. No operations around the lava beds' since Captain Jack's surrender. Jack says he surrended because he could hold out no longer. The opinion prevails that Gen. Davis will shoot Capt. Jack, Boston Charley and Schonchin without waiting fdV any suggestions from the civil authorities. A correspondent of the Bullitin had a talk with Boston Charley, who said the majority of cap tives were prepared to die like men. Capt. Jack caies for nothing. He does not speak te any person except his sister Mary. Charley says 12 Modocs aie still at large. Col. Green's command are still hunting for them. A despatch from Sag Point, June 4, says that Gen. Davis' command with all the captives were at Applegate's house and) were to come to Boyles' camp that day.) Hooker Jim and Steamboat Frank ard hunting after the missing warriors and squaws in that vicinity, olcepy Tom has just come from an island in Little Klamathjake with Techee, Jack's squawj and three children. Hon. John Printiss, the oldest printer and publisher, died at Keene, N. H., aged 9G years. He Established the New lampshire Sentinel in 1797, and con ducted it 44 years. Victorior Woodhull- is unconscious. She is suffering with heart disease. There is no hope. , Another man , has been arrested for ticking his wife to death. A Havanna letter states that the Spanish volunteer officers, after captur ing' the dead body of the Cuban General Agramonte, they filled it with kerosene and burned it to ashes, preserving the ashes in two vases, which now adorn the President's room a the Casino of Puerto Principe. It is stated that an Amercan named Henry Reeve has been appointed suc cessor to Agramonte, in command of the Cuban lorces, and the most energetic warfare will be contiued against the Spaniards. The Fate of the Modocs Gen. Davis wants to Hans: them but is pre vented by an Order from Wash ington. Boyle's Camp, June Gth, 9 A. M. Late yesterday afternoon a detail of men belonging to the artillery arrived n camp from the Timber Mountains, near the Peninsula, with twenty juniper ogs, clean and straight, and evidently not intended for use in the erection of tents for prisoners. Many persons mar velled for what purpose the timber had been obtained. Ihis morning the se cret is out. Gen. Davis intends to erect a scaffold and execute about one dozen of the worst murderers in the tribe at sunset to-morrow. He feels that there is no need of delay as no doubt of the guilt ot the intended vic tims can exist, and justice demands speedy and certain action. Even at this time he is now writing a statement pf their offences which will be read to the condemned Modocs. A still later dispatch says that Gen. Davis, after having completed all ar rangements ior the execution of the Modocs, received orders from Washing ton to hold the prisoners until further advised, and is thus stopped injthe con templated work. The feeling in camp is one of profound disgust at this ac tion. The Missing Steamer Cromwell. New York, June 7. The missing steamer George Cromwell is still the ob ject of solicitude in this city. The agent here denies the truth of the re port that the Cromwell had on board a arge quautity of ammunition. He says she had none whatever among her cargo. Her fate will probably be determined by to-morrow, when the steamer Wash ington, lollowing in the track of the Cromwell, arrives aVNew Orleans. ' Foreign Affairs. There aie seven cases of cholera in Dantzig. The Spanish Cortes will choose a new Ministry. Deputy Blane proposed that after the declaration of the Republic the delegates place themselves at the head of the volunteers in the respective provinces and unite in a grand effort against the Cm lists. - Woolen Mills Uurnt. Boston, June 7. The Hyde Park Woolen Mills have been burned. The loss is halt a million. The insuiance amounts to $400,000, which is in seven four companies. Foreign companies styffer heavily. The Capture of Drew Contradicted. London, June 7. A Madrid dispatch contradicts the capture of Drew by the Carlists. MIDNIGHT DISPATCHES. The French War Debt. Paris, June 7. The Bank of France has paid into the treasury one quarter of the sum due to Germany on account of the war indemnity. The remainder will be Daid in monthlv instalments. The report that there had beeh successful negotiations to accelerate the departure of the German troops from France i3 probably false. . . m . llank Statement. New York, June 7. Loans decreased half million. Specie increase six and a half millions. Legal tenders increase nearly a million. Deposits increase six and three-eighths millions. Specie ship ments to day, one and three eighths mil- HoUi, Week's n cein ts, six and three- eighths millions. Money very abun dant. ' Safety of the George Crocuwell. Intelligence of the safety of the steam ship Geurge Cromwell, from New iork lor New Orleans, whose non-arrival at the latter port has caused so much anx iety, reached here to-day. Her engines broke down during the voyage, and she made for Abaco, in the Bahamas, where she now remains in safe anchorage. All on board are well. Opinion of the Attorney General in Kesard to the Captured Modocs. Washington, June 7. The follow ing is the opinion of the Attorney Gen eral o,n the question submitted by the War Department "relative to the cap tured Modocs : Department of Justice, June 7th, 1873, To the President, Sir : Ihave the honor to acknowledge the receipt from you of several papers relative to the Modoc Indians now in custody of the United States Army, with a request for my opinion as the authority to try certain of the prisoners by a military tribunal. The main facts out of which the question arises are these : In 1861 the United States made a treaty with these Indians, by the terms of which they were to go ancl remain upon the reservation in the State of Oregon. Late last falljthe Indians being away 'from their reservation, a military detachment was sht to procure their return. Find ing them unwilling to go peaceably, the officer indicated' his determina tion to use compulsion, in con sequence of which a' conflict ensued between the Uhited States troops, and the Indians. Soc-n after several peaceable citizens and their families in the vicini ty were murdered by the Indians in this band. They then intrenched themselves in the Lava Beds'.in the neighborhood. Fighting ensued and one or more severe battles, in which persons on both sides were wounded and killed, and the United States troops repulsed. Pending hostilities, negotiations were opened for peace, and on the 13th of April last, Gen. Canby, Rev. Mr. Thomas and Mr. Meacham at a point between the oppos ing forces, and in pursuance ot a mutual agreement to that end, met Capt. Jack, the leader of Indians, with some of his chief warriors', to discuss the term3 of a treaty,- and while so engaged, General Canby and Mr. Thomas were treach erously assassinated, and Mr. Meacham was severely wounded by the Indians present upon that occasion. Battles followed, and Captain Jack and all his tribe have been captured, and are now in the hands of the authorities. Gen. Sherman in a communication to the Secretary of War, dated 3d instant, recommenxis that such of these Indians as have violated the military Jaws be tied by amilitary tribunal. This re commendation, is approved by the Sec retary of War.' Instructions were pre- pared in 1863 by Francis Leiber, L. L. D., revised by a board of officers, of which Gen. A. Hitchcock was presi dent, and after approval By the presi dent ot the United States were publish ed for the government of the armies of the United States in the field. Sec tion 13 of these instructions is a3 fol- ows : "Military jurisdiction is of two kinds; first, that which is conferred and de fined by statute ; 2d, tfrat which is de rived from the common law of war. Military offiences under the statute law must be tried in manner therein direct ed, but military offences which do not come within statute must be punished under the common law of war. The character of the courts which exercise these jurisdictions depend upon the lo cal laws of each particular country. In the armies of the United States the hrst is exercised oy court martial while cases which do hot come within the rules and articles of war, or the jurisdiction conferred by the statute on the court martial are tried by mili tary commissioners." All the authorities which I have been able to examine on the subject harmonize with these in structions. According to the laws of war there is nothing more sacred than a flag of truce dispatched in good faith, and there can be no greater act of perfi dy and treachery than the assassination of its bearers after they have been ac knowledged and received by those to whom they are sent. No statute of the United States makes'this act a crime, and therefore it is not punishable under 1 the rules and articles ot war, and if pun ishable at all it must be thiough a power-derived from the usag'es of war. Kind red to the act in question in bad faith 13 the breaking ot bis parole by a pa roled prisoner. While 1 the United States were at war with Mexico, several officers of the Mexican array were 'tried by a military commission composed of officers of the United States army, con victed and sentenced to be shot and ex ecuted Jfor breaking this parole Nu merous trials of a similar nature took place during the war of the rebellon, but there were no statuary provissions what ever upon the subject and the whole power of the military authorities in such cases is derived from the usages of war. On the 23rd of August, 1865, a mili tary commission, duly appointed, as sembled in the city of Washington for the trial of Henry Wirz, who pleaded among other things that the military commission . had no jurisdiction over either his person or over the subject matter of the charges and specifications, being a tribunal unauthorized by either statute, military law, martial law, or well established usage. But this plea was overruled and he wa9 convicted upon the several charges, one of, which was murder, in,violation of the law and customs of war, and after sentence he was hung for his crimes. All the pro- ceeding in this case derive their authority and .validity from the com mon law of war. Certain persons,it will be remembered, were tried and con victed in the same way for the assas sination of President Lincoln. Attor ney General Speed in the discussion of this subject said : "We have seen that when war comes, the laws and usage of war come also, and that during the war they are a part -of the laws of the land under the Constitution. Congress may define and punish offenses against those laws,but in default of Congress defining these laws, and prescribing the punish ment for their infraction, and the mode of proceeding to ascertain whether an ofiente has been committed, and what punishment is to be inflicted, the army must be governed by the laws and usages of war as understood, and of the world. Again, if the, prisoner be a regular unoffending soldier of the op posite parly to the war, be should be treated with all the courtesy, and kind ness consisted with his sate custody. If he ha9 offended against the laws of war, he should have such a trial, and be punished as the laws of war requires. A spy through a prisoner of war may be tried, condemned and executed by a military tribunal without a breach of the constitution. A bushwhacker, a jay hawker, a bandit, a war rebel and an assassin being public enemies may be tried, condemned and executed as Jaw of nations which is 1 the result of the exDerienc.fi and wisdom of aorpa ha established that jayhawkera, ; banditi, &c., arel)ffenders against the laws ot nature and of war, and as such amena ble to the military. Our constitution has made that law apart of the laws of the land. (See also Yattel 359, Wheaton's International T,to . A(R vVoolsey'a International Law 260, Hal- leck'a international Law 400.) Mm gan's case holds under the circumstan ces therein stated a militarv court com mission to be illegal. But the facta there are entirely different from these under consideration. Miligan was the resident of a State not in rebellion. The courts were operative and unob structed for his prosecution. . . . He was neither a prisoner of warnor attachad in any way to the military or naval service of the United States. Acs " cording to the instructions heretofore referred to, the civil tribunal has juris diction in the cases disclosed by the pa pers before me sections 40 and 41 thereof, as follows : Thre is no law or body of authoritative rules of action be tween hostile armies, except that branch of law of the nature and nations which is called the law and usages of war in our land.-Section 41 says all the muni cipal law ol 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.Ianifestly, these rules, to a great extent it not alto- oethe.r arp. rnrrpot -frir if tha ennrt Vio nrptpnrlpfl that, a TTnttorl flratco mlHi is guilty of murder if he kills a public enemy in battle, which would be the case if the municipal law was in force and applicable to an act committed un der such circumstances. All the laws and customs of civilized warfare, mav not h armlioahlA in avowed conflict with the Indian tribes upon our western frontier, but the cir cumstances attendiug the assassination 01 uanny ana 1 nomas are such as to make tbem minder as much a violation of the laws of savage as of civilized warfare, and the Indians concede in it fully, understood the basesness and , treachery of their act. It is difficult to define exactly the relations of the In dian tribes to the United State, but as they have been recognized as indepen dent communities for treaty making pur poses, and as they frequently carry on organized and protracted wars, they may properly, as lit seems, to be held subject to these rules of warfare, and make negotiation for peace.. After hos tilities, it is possible, and . which make perfidy like that in question, punisha ble by military authority. Doubtless the war with the Modocs is practically ended, unless some of tbem should escape it - is States and renew hostilities, 1 but the right of the United as there is no agreement lor peace to determine for themselves whether or not anything more .ought to be done for the protection of the coun try, or the punishment of crimes grow ing out of the war. Section 59 ol said instructions, is as follow: A prisoner of war remains unanswerable for his crimes committed before he was captur ed, and for which he has not been pun ished by his own authorities. My con' elusion, therefore, is that a military com mission may be appointed to try such of the Modoc Indians, now in custody, as ftrft pharrrpd with ffftnrpa arralnat tha e , -r--- - recognized law of war, and that if, upon such trial, and be found guilty, they may be subjected .'to such ; punishment as as these laws require or justify. Very respectfully yours, (Signed) Geo. II. Williams, Attorney General. Pacific Mail Steamship Company. New YoRKJ.une 7. The official statement of the Pacific Mail Company shows the gross receipts for the year to be nearly six million ; expenses nearly five million" . During the year they lost three steamers, valued at over a million and a half. Their assets in 'coal and vessels were enormous. The Homcepathists Still Stout. Clev aland. O., June 7.- The Homoepathists adopted a resolution that the Homcepathists insist upon being represented in all medical institutions which are supported by National, State municipal or elymosynary contribu tions. - Weather Probilities. WAsnixoTON, June 7. For the South Atlantic and Gulf States east of the Mississippi, partly cloudy weather and areas ol light rain. Indictment of Dank Defaulter. Boston, June 7. James Coe, the de faulting bank cashier, is indicted for 24 forgeries. The bail aggregates half a million. From Boston. Boston, June 7. The court decides that rent can't be collected where the premises is rented for the sale of liquor. COMMERCIAL REPORT. New York Markets. New Yokk, June 7. UottonTqulet, Sales' 8.50 baleH. Uplands 19!. Orleans IV. Flour quiet and steady, 8,400 bbls., at WM a $7.90 for common to' fair extra, . Southern S7 85a 11 ; good to choice do. Wheat 1 to 2 cents higher. Corn 2 cents higher, and la fair demand. Pork quiet at QMA for new mess. Lard firmer at 8a8 15-10. . Na val stores quiet and unchanged. 1 Money easy. Exchange steady, long 9. short 10J4 Governments steady and closed slightly firmer. States quiet and nominal. Wilmington Markets. Wilmington, K.. C, June 7.T-8pir1ts tur pentine at 41. Rosin qnlet at $25 for strained ; S3.0i for pale. Urnde turpentine steady, S'2 for hard, $3.05 for yellow dip. s IIINGLE8, SHINGLES: 40.000 White Pine shingles cheapest and most durable. u3-tf W. C STRONACH.
The News & Observer (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 8, 1873, edition 1
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