CHAPTER XXII.

BURYING THE HATCHET—A TURNING-POINT.

On the morning of January 1st, 1870, Captain Jack’s band of Modoc Indians was placed in charge of Captain Knapp, under favorable circumstances. Supplies of beef and flour were secured and issued to them in sufficient quantities. Indeed, they were better fed than other Indians belonging to the agency. They had brought with them fish and roots, which, in addition to rations issued as above referred to, was altogether sufficient; and, having obtained from Agent Knapp the necessary implements, they began work in good earnest, by cutting saw logs, making rails, and hewing house logs, preparing to make a permanent settlement at Modoc Point. The arrangements had been fully explained to the Klamaths, Wal-pah-pas, Snake Indians and Modocs, at the peace-making under the great witness tree, and fully agreed to by all parties.

It was further agreed and understood, with the consent of the Link-river Klamath Indians, who partially occupied the land so taken for the Modoc home, that the Modocs were to share equally with them in the use of the timber on the side of the mountains nearest to the new settlement.

The land was designated lying adjacent, and the Modocs were to select the particular tract that each might desire for a home, with the understanding thatthey were to be the owners thereof, and that, when allotments of land in severalty should be made, by order of the Government, as stipulated in the treaty of 1864, the selection then made should be ratified and confirmed to the occupant. With this understanding, Jack and his people began improvements for a new home, and, I believe, with a full, settled determination to make it permanent.

No semi-savages ever went to work more cheerfully than did these people. Whatever may have been their faults, or what of crime attached to them since, this fact should be remembered,—that they did then acknowledge the obligations of the treaty. Mark the succession of events, and you will have some conception of the motives and reasons why the late unfortunate Peace Commissioners, with the lamented Gen. Canby, continued its labors, and protracted its efforts, to secure peace with the Modocs, even when hope seemed forlorn, and the public press were hurling denunciations against the “Peace policy,” and the Commissioners especially.

Gen. Canby knew all the circumstances, as did Dr. Thomas and myself, and with a firm resolve to be just, we maintained silence, recollecting a memorable saying, “Let them alone; they know not what they do.”

The Modocs worked with a will, and had made several hundred rails, and hewn logs for houses, when avarice, stimulated by envy, brought about quarrels between the Link-river Indians and Modocs; the former taunting the latter, calling them hallo-e-me, tilli-cum (strangers); claiming the timber, though admitting that they had agreed that the Modocs might cut it, nevertheless, saying, “It is our timber; youmay use it, but it is ours. You make the rails, but we want some of them.”

Captain Jack’s people recalled the understanding on the day of peace-making. The quarrel grew warm, and Agent Knapp was appealed to, by Captain Jack, to settle the difficulties. This was one of the turning-points of a history that is reeking with blood.

Capt. Knapp was an army officer who had been assigned to duty as Indian agent. That he was a brave soldier, and had made a good record, is beyond question. In his official dealings with the Indians he was honest, I doubt not. He is the only agent that has ever had charge of Captain Jack’s band since the fall of 1864.

Captain Jack and his friends have published to the world that they were starved and cheated by Government agents while on Klamath Reservation in 1870.

I believe the assertion wholly unfounded. Agent Knapp came to the work having no heart in it; no knowledge of the Indian character; no faith in them or their manhood; no ambition to elevate them. It is not to be wondered at that he took but little pains with them beyond seeing that rations were issued,—which I believe was donepromptly.

The position was unsought and undesirable, and one he wished to vacate. Had Capt. Knapp been every way qualified for this duty; had his experience given him knowledge of Indian character; had he sought the position, or been selected for it on account of his fitness for this kind of labor, and had his heart been in it; had he been fired with an ambition to do good, by elevating a poor, unfortunate race,—he would have exercised more patience when appealed to byCaptain Jack in February, 1870, for redress; he would have prevented all these bloody chapters in Indian history.

Had Agent Knapp promptly interfered, tempering his action with justice, by punishing Link-river Jack for annoying the Modocs, then the Modoc rebellion would have been prevented.

When Captain Jack appealed to Agent Knapp, the latter refused to admit Jack within his office, heard his complaints impatiently, and sent him away with orders to “go on with his work;” “that he would make it all right.”

Jack returned to his home, and, naturally enough, the quarrel was renewed. The Link-river Klamaths, having received neither reprimand nor punishment, were emboldened, and became more overbearing than before.

Captain Jack again applied for protection from further insult, and this time Agent Knapp proposed to change the location of the Modocs to a point on Williamson river, a few miles distant, and nearer the agency.

For the sake of peace, and in obedience to orders, the Modocs changed camp, and again began preparation for making homes.

This brought Klamaths and Modocs in contact, and after Jack had made a few hundred rails, and prepared a few hewn logs for houses, the Klamaths rehearsed the Link-river speeches to them,—taunting them with being poor, and claiming the country, though patronizingly saying, “You can stay here; but it is our country.” “Your horses can eat the grass; but it isourgrass.” “You can catch fish; but they areourfish.” When reminded by the Modocs of the treaty and subsequent peace-making, the Klamaths replied: “Yes, we know all that.” “You can have timber, grass, and fish; but don’t forget they are ours.” “We will let you stay.” “It is all right.” Captain Jack went athirdtime to Agent Knapp, who proposed tomove themagain, remarking that “next time he wouldstay moved,” he proposing to Jack to find a new location.

Jack went to search for one; but whether he could not find a location, or whether the constant annoyance on account of quarrels and removals had killed his faith both in agents and Indian friendship, makes no difference. He returned to his camp on Williamson river, called his people together, and laid the whole matter before them.

I have a report of that meeting by “Charley,” a brother of Toby Riddle,—an Indian who commands the respect of all who know him personally. Although this report was made several months afterwards, I believe it to be in the main correct. The substance was, that after all were assembled, including the women and children and Link-river people, Captain Jack stated the case, mentioning the several points as already recited, and saying that he had looked at all the country, but did not find any that he liked as well as Modoc Point, and that he had made up his mind to leave the Reservation unless he could have that place for a house.

Blo, a sub-chief of the Klamaths, said, “Tell Knapp so.” Jack replied that hehad talkedto Knapp already three times; and that Knapp hadno heartfor him; and that he was afraid he was a bad man; that“he would not keep the superintendent’s words;” “that he intended to leave the Reservation,” and asked, “Who will go with me? Who wants to stay with a man who has no heart for us?”

Then ensued a protracted discussion, Charley Riddle and Duffy insisting on remaining. The discussion was a stormy one, and continued until a late hour; but in all the speeches no charge of starving or cheating was made.

Finally the question went to a vote, and the proposition to leave was carried by a large majority. It may be here remarked that neither of the Schonchins was present, Schonchin John being at that time loyal, and opposed to the rebellion; and that is about the only thing that can be mentioned in his favor, except that he was apoor shot, asI can testify.

As soon as the vote was put and result known, active preparation was made for departure; in fact, the result had been anticipated, for the horses were all ready, the goods packed, and daylight next morning found Jack and his people retracing the road they had gone over so hopefully eleven weeks before.

I will not spend time speculating on what were the thoughts and feelings of that unfortunate band of people, while fleeing stealthily from their new homes, but will simply say, that the little cavalcade carried with them elements that have developed into hatred and revenge, which has since shocked the moral sense of mankind by bloody deeds of savage warfare that stand out on the country’s history without a parallel.

Returning to the old home on Lost river, and feeling that he was not under obligations to obey law any longer, Captain Jack seems to have begun where heleft off; his young men and women visiting Y-re-ka and the mining camps adjacent.

A few weeks later Jack went to Y-re-ka himself, meeting his old friends, who gave him welcome. The Modoc trade may have had something to do with the success of more than one merchant in Y-re-ka. The presence of the Modocs was hailed with pleasure, no doubt, by another class whose social status in society was little better than the Modocs themselves. To these people the Modocs told falsehoods about reservation life, and received in return sympathy for their reputed wrongs, and encouragement in repeating the falsehoods. In this way the belief that they were misused by Government officials has obtained; an unjust censure has been publicly aimed against worthy men. What more natural than the fact that the dissolute portion of the Y-re-ka people should espouse the Modoc cause, and that the better part of society should form their opinions from stories circulated by friends of Modoc women?

Mankind are prone to be swayed in the direction of self-interest, and, when encouraged, any poor mortal may tell a falsehood so often that he really believes it to be true. That Jack, too, confirmed such reports is true, because in the sympathy he found were mingled words of justification. Indeed, a plain, truthful statement of the facts, as they were, was enough to insure him sympathetic advisers.

It is true, then, when Captain Jack returned to Lost river, he was strengthened and confirmed in his ideas of justification, and his determination to remain off the Reservation.

Nothing of grave import transpired until the springof 1871, although efforts were made in the mean time by the Indian Department, and by old chief Schonchin, to induce Captain Jack to return.

A home at Yai-nax was proposed, and in order that no reasonable excuse on the part of Captain Jack could be found on account of Klamath Indians, and to remove every obstacle, the Reservation was divided into distinct agencies; the western portion being assigned to “Klamath” Indians, and the eastern portion to “Snakes,” “Walpahpas,” and “Modocs.” A district of country was set apart exclusively for the latter. To this new home old Schonchin removed with his people; and a portion of Captain Jack’s band, meanwhile, also, taking up homes. Commissary Applegate, at one time, was hopeful that the whole Modoc tribe could be induced to come to the new home at Yai-nax. Captain Jack visited it, and talked seriously of settling on this location; but while he was hesitating as to what he should do, an unfortunate tragedy was enacted, so natural to a savage state, which completely changed the current of events.

Captain Jack employed an Indian doctor to attend a sick child, and paid the fees in advance,—which, be it understood, secured from the doctor a guaranty; and in case of failure to cure, the life of the Indian doctor was in the hands of the friends of the deceased. The child died, and Captain Jack either killed the doctor, or ordered him to be killed.

Under the old Indian laws this would have been an end of the affair; but under the new order of things it was a crime. The friends of the murdered man claimed that Captain Jack should be arrested and punished under white men’s laws for the offence.

An unsuccessful attempt was made to arrest him. The country was in a state of alarm; it was evident that war would be the result.

Knowing all the facts in the case, I determined to make one more effort to prevent bloodshed. Capt. Knapp had been relieved by an order of the Army Department, and I was instructed by the Indian Department to place a man in charge. Accordingly, John Meacham was sent by me to take Capt. Knapp’s place. About this time I received a letter from Hon. Jesse Applegate, in regard to Modoc matters. His long experience as a frontier man gave his opinion weight. He represented the Modocs with whom he had met, as willing to meet me in council for the purpose of settling the difficulties then existing. He further suggested, that the only sure way for permanent peace was to give them a small Reservation at the mouth of Lost river,—the old home of Captain Jack. He, being a practical surveyor, furnished my office with a small map of the proposed Reservation.

Realizing how much depended then on conciliatory measures, and having confidence in Jesse Applegate’s judgment, I forwarded his letter to Gen. Canby, commander of the Department of the Columbia, with a request that military action be delayed until another effort could be made to settle the difficulties then existing between Captain Jack’s band of Modocs and the Reservation Indians.

Gen. Canby issued the orders desired, and the command to make the arrest was revoked.

The following letter of Instruction to Commissary Meacham will explain the situation. I associatedwith him on this mission, Ivan D. Applegate, who was then in charge of Yai-nax station, Klamath Reservation. I also requested Hon. Jesse Applegate to go with them. He did not find it convenient, however, and the Commissioners named proceeded under the following letter of instruction, Ivan Applegate being notified of his appointment from my office in Salem.

Office Superintendent Indian Affairs,Salem, Oregon, August 2, 1871.John Meacham,Commissary, Klamath Agency:—I wish you to proceed at once to the Modoc country, and make one more effort for peace. I am induced to make this request on reading a long and intelligent letter from Hon. Jesse. Applegate, who has had a talk with Captain Jack and Black Jim.It appears that they are anxious to see me, and that they are willing to talk this matter over, and if possible avoid bloodshed. It is impossible for me to go at present, on account of “Umatilla Council.”You can say to them that you representme,—myheart, mywishes, mywords; and that I have authorized you to talk for me.You are familiar with all the facts in the case, and do not need especial instructions, except on one or two points: First, that I will try to get a small reserve for them in their country; but it will require some time to bring it about, and until such time I desire them to go on to any unoccupied lands on Klamath Reservation; that I will lay the whole matter before the department at Washington, and put it through, if possible; that you will protect themfrom insult or imposition from either Klamaths, Snakes, or whites, until such time as the authorities shall order otherwise.I mean by this that Captain Jack and men shall be free from arrest until I am ordered to investigate the affair, and that he shall, if ever arrested, have the benefit of trial by his peers or white men, under civil law; on the condition, however, that he and his people return to Klamath, and remain there, subject to the authority of the Indian Department; that, if ordered to trial, he will surrender himself and accomplices.You can say to him that, in the event I succeed in getting a home for them on Lost river, they will be allowed their proportion of the Klamath and Modoc treaty funds, with the privilege of the mill at Klamath Agency to make lumber, etc.; that, if I fail in this, they may elect to go into the Snake country beyond Camp Warner, on the new Reservation to be laid out there this fall.You can say further that, while I do not approve of their conduct, I am not unmindful of their bad treatment by Captain Knapp and the Klamaths, and that I do not wish to have them destroyed; but, if they refuse to accept these terms, they will be under military control and subject to military laws and commands.You will confer with I. D. Applegate, and also with the commander at Fort Klamath. I will request General Canby to delay any order now out for the arrest of Jack until you have made this effort to prevent war.I have requested I. D. Applegate to accompany you, and advise with you, but this you will understand,—thatyouare charged with the mission. I think going as mybrothermay give you more influence.The Modocs can appreciate that, inasmuch as the Superintendent could not come, he sent hisbrother.I have confidence in your coolness and sense of justice, and, with I. D. Applegate as counsellor, I hope you may bring this unhappy trouble (so heavy laden with death to many persons) to a peaceful solution.Do not take more than two or three persons with you, and, whatever the result of “the talk,” you will befaithfulandtruetoyourselfand theIndians. Mr. Jesse Applegate is somewhere out in that country. He is asafe adviser. I have no doubt he will assist you in this hazardous undertaking. You will report the result of this visit to this office promptly.In the event that the military commander at Fort Klamath may have already gone after Jack and opened hostilities, I do not wish you to take any desperate chances.This matter I leave to the circumstances that may exist on receipt of this letter. I see clearly, from Jesse Applegate’s letter, that hostilities are imminent, and that many good men may lose life and property unless the threatened hostilities are prevented.I have never seen the time when we could have done otherwise than as we have; but I fully realize that we may be held responsible by the citizens of that country, who do not understand the power and duties of the Indian Department.Go on this mission realizing that you carry in your hand the lives and happiness of many persons, and the salvation of a tribe of people who have been much wronged, and seldom, if ever, understood.Very respectfully,Your obedient servant,A. B. MEACHAM,Supt. Ind. Affairs.

Office Superintendent Indian Affairs,Salem, Oregon, August 2, 1871.

John Meacham,Commissary, Klamath Agency:—

I wish you to proceed at once to the Modoc country, and make one more effort for peace. I am induced to make this request on reading a long and intelligent letter from Hon. Jesse. Applegate, who has had a talk with Captain Jack and Black Jim.

It appears that they are anxious to see me, and that they are willing to talk this matter over, and if possible avoid bloodshed. It is impossible for me to go at present, on account of “Umatilla Council.”

You can say to them that you representme,—myheart, mywishes, mywords; and that I have authorized you to talk for me.

You are familiar with all the facts in the case, and do not need especial instructions, except on one or two points: First, that I will try to get a small reserve for them in their country; but it will require some time to bring it about, and until such time I desire them to go on to any unoccupied lands on Klamath Reservation; that I will lay the whole matter before the department at Washington, and put it through, if possible; that you will protect themfrom insult or imposition from either Klamaths, Snakes, or whites, until such time as the authorities shall order otherwise.

I mean by this that Captain Jack and men shall be free from arrest until I am ordered to investigate the affair, and that he shall, if ever arrested, have the benefit of trial by his peers or white men, under civil law; on the condition, however, that he and his people return to Klamath, and remain there, subject to the authority of the Indian Department; that, if ordered to trial, he will surrender himself and accomplices.

You can say to him that, in the event I succeed in getting a home for them on Lost river, they will be allowed their proportion of the Klamath and Modoc treaty funds, with the privilege of the mill at Klamath Agency to make lumber, etc.; that, if I fail in this, they may elect to go into the Snake country beyond Camp Warner, on the new Reservation to be laid out there this fall.

You can say further that, while I do not approve of their conduct, I am not unmindful of their bad treatment by Captain Knapp and the Klamaths, and that I do not wish to have them destroyed; but, if they refuse to accept these terms, they will be under military control and subject to military laws and commands.

You will confer with I. D. Applegate, and also with the commander at Fort Klamath. I will request General Canby to delay any order now out for the arrest of Jack until you have made this effort to prevent war.

I have requested I. D. Applegate to accompany you, and advise with you, but this you will understand,—thatyouare charged with the mission. I think going as mybrothermay give you more influence.

The Modocs can appreciate that, inasmuch as the Superintendent could not come, he sent hisbrother.

I have confidence in your coolness and sense of justice, and, with I. D. Applegate as counsellor, I hope you may bring this unhappy trouble (so heavy laden with death to many persons) to a peaceful solution.

Do not take more than two or three persons with you, and, whatever the result of “the talk,” you will befaithfulandtruetoyourselfand theIndians. Mr. Jesse Applegate is somewhere out in that country. He is asafe adviser. I have no doubt he will assist you in this hazardous undertaking. You will report the result of this visit to this office promptly.

In the event that the military commander at Fort Klamath may have already gone after Jack and opened hostilities, I do not wish you to take any desperate chances.

This matter I leave to the circumstances that may exist on receipt of this letter. I see clearly, from Jesse Applegate’s letter, that hostilities are imminent, and that many good men may lose life and property unless the threatened hostilities are prevented.

I have never seen the time when we could have done otherwise than as we have; but I fully realize that we may be held responsible by the citizens of that country, who do not understand the power and duties of the Indian Department.

Go on this mission realizing that you carry in your hand the lives and happiness of many persons, and the salvation of a tribe of people who have been much wronged, and seldom, if ever, understood.

Very respectfully,Your obedient servant,A. B. MEACHAM,Supt. Ind. Affairs.

Under the foregoing letter of instructions the commissioners appointed went into the Modoc country, having previously arranged, through Indian messengers, to meet Captain Jack and five or six of his men. No agreement was made in reference to arms, each party following the dictates of common sense,—by being ready forpeace, but prepared forwar. The commissioners took with them two persons, making up a party of four well-armed men. It is humane and Christian to carry always the olive-branch of peace, but it is unwise to depend on its sanctity for protection when dealing with enraged savages. Well for Commissioner Meacham and I. D. Applegate that they had forethought enough to go prepared to defend themselves; for, had they not, the list of killed in the Modoc war would have read somewhat different from its present roll of names. There is no doubt that at the time these two young men went out to meet these people, “Schonchin John,” “Hooker Jim,” and “Curly-haired Doctor” were in favor of assassinating them, and were only prevented by Captain Jack and Scarface Charley. The information comes through Indian lips, but I believe it to be true.

I desire the reader to note that this was the secondtime assassination was proposed by these people, and each time frustrated by Captain Jack; and, further, that I was subsequently informed each time of their intended acts of treachery by Tobey Riddle, through her husband.

The council was held in a wild, desolate region of country, many miles from the nearest white settlement. Captain Jack and nearly all his men were present, andall armed.

It should be understood that at that time, as afterward in the Lava Bed, the Modocs were suspicious of Captain Jack’s firmness in carrying out the wishes of his people. This feeling was augmented by Schon-chin John, who was ambitious for the chieftainship, and constantly sought to implant distrust of Jack’s fidelity in the minds of the Modocs. This accounts for more than the number agreed upon in this, and, in fact, in all subsequent meetings. Jack, nevertheless, was the acknowledged chief, but not on the old basis of theory of absolute power; he was only a representative chief. That he had not absolute control over them was owing to his own act of teaching them the republican idea of a majority ruling; or it may be that the band had demanded this concession on his part.

Nearly all of them had associated with white men, and had thereby acquired crude ideas of American political economy.

It was in this case of the Modocs acurse, instead of ablessing. Had Jack exercised the old despotic prerogative of Indian chiefs, no war would have ensued, no great acts of treachery would ever have been committed. He could and would have buried in the grave, with other wrongs, the “Ben Wright” affair;and while he would have clamored for liberty, in its common-sense meaning, he would have held his people in check until such times as our Government would have recognized his manhood and granted him the priceless boon of a citizen’s privileges.

Captain Jack came into this council simply as a diplomatic representative chief, and was not at liberty to do or say more than he was authorized by the Indians in council. He set forth the grievances of his people,—which were principally against the Klamath Indians, on account of the treatment he had received while on the Reservation; and against the Government, for not protecting him according to my promise made to him in December, 1869,—arguing that, since the Government failed to keep its compact, he was released from his obligation to obey its laws; further, that the crime of which he was charged—killing the Indian doctor—was not a crime under the Indian laws, and that he should not be held amenable to a law that was nothis law. He declared that he could not live in peace with the Klamaths; that his people had made up their minds to try no more, since they had made two attempts.

He said he “should not object to the white men settling in his country,” and that he “would keep his people away from the settlements, and would prevent any trouble between white men and his Indians.”

The commissioners again offered him a home on any part of Klamath Reservation that was unoccupied. This he positively declined. He was assured of protection, but he referred to former promises broken. A proposition was made, for him to prevent his people going into the settlement untilthe whole subject could be submitted to the authorities at Washington, and that a recommendation would be made to grant him a small home at the mouth of Lost river. A rude map was made, showing the proposed Reservation. With this he was satisfied, and made promises of keeping his people away until such time as an answer could be had.

The proposition was fully explained, and he was made to understand the uncertainties as to when a decision would be made in this matter; he agreeing that, if the decision was adverse to granting the new home on Lost river, his people would go on to Klamath, at Yai-nax.

With this agreement, well understood, the council closed, and the two commissioners reported substantially as detailed. They escaped with their lives because they were prepared to defend them.

Hostilities were averted for the time being, and would have been for all time had prudence and justice been exercised by those who held the power to do this simple act.

Ignorance of the true state of the case cannot be pleaded; the whole matter was laid by me before the authorities at Washington, and the recommendation made in conformity with the promise to the Modocs.

In my official report for 1871 (see Report Commission Indian Affairs, pages 305 and 306) I used the following language:—

“The Modocs belong by treaty to Klamath Agency, and have been located thereon; but, owing to the overbearing disposition of the Klamath Indians, they refuse to remain.

“Unavailing efforts have been made to induce them to return; but they persist in occupying their original homes, and, in fact, set up claim thereto. During the past summer they have been a source of annoyance and alarm to the white settlers, and at one time hostilities appeared imminent.

“The military commander at Fort Klamath made an unsuccessful effort to arrest a few of the head men. Two commissioners were sent from the Indian Department, and a temporary arrangement made whereby hostilities were averted. The Modocs cannot be made to live on Klamath Reservation, on account of the ancient feuds with the Klamaths. They are willing to locate permanently on a small reservation of six miles square, lying on both sides of the Oregon and California line, near the head of the Tule lake. In equity they are entitled to a portion of the Klamath and Modoc annuity funds, and need not necessarily be a burden to the Government; but, according to the ruling of Commissioner Parker, they have forfeited these rights. I would recommend that they be allowed a small reservation at the place indicated above, and also a pro-rata division of the Klamath and Modoc treaty funds for employés and annuities; otherwise they will doubtless be a source of constant expense to the Government, and great annoyance to the white settlements near them. Though they may be somewhat responsible for not complying with the treaty, yet, to those familiar with Indian superstition, it is not strange or unreasonable that great charity should be extended to these people.”

Gen. Canby was also informed in regard to thearrangement made by the commissioners; the order for their arrest was entirely withdrawn.

Thus matters were in abeyance until the spring of 1872. The Modocs, however, growing restless and impatient for a decision, began to annoy the white settlers in the Lost-river country, doing various acts that were not in harmony with the compact made with the commissioners in August preceding. The white men, unwilling to endure the insolence of the Modocs, petitioned for redress. These petitions were addressed to the Indian Department, and to the Military Department, also to the civil authorities of the State of Oregon. They recited the acts of which the Modocs were accused, some of which were, “that they demanded rents for the lands occupied by white men; claiming pay for the use of the stock ranches; demanding horses and cattle; visiting the houses of settlers, and, in the absence of the husbands, ordering the wives to prepare meals for them, meanwhile throwing themselves on the beds and carpets, and refusing to pay for the meals when eaten; feeding their horses with the grain of the settlers, and, in some instances,borrowinghorses without asking the owners.”

To the credit of Captain Jack be it told thathewas never charged with any of these outrageous acts; but he was powerless to prevent his men from annoying these people who had settled the country at the invitation of the Government.

This state of affairs could lead to butone result,—blood. The petitions could not be disregarded. Action must be had, and that without delay. General Canby was appealed to; having rescinded the orderfor the arrest of Captain Jack the previous summer, he was slow to issue another looking to the same end. He believed, as I did, that any attempt to compel the Modocs to return to Klamath would endanger the peace of the country. Captain Jack had failed to keep his part of the late contract, and had thereby forfeited any claim to further clemency.

U. S. SENATORS COST BLOOD—FAIR FIGHT—OPEN FIELD.

While matters were thus in suspense a change was made in the office of Superintendent of Indian Affairs for Oregon, T. B. Odeneal, Esq., of Oregon, succeeding to the Superintendency. He was a lawyer of ability, but had a limited knowledge of Indian character, and still less of the merits and demerits of this Modoc question.

When appealed to he laid the matter before his superior in office at Washington City, who was also a new incumbent, and had perhaps a slight knowledge of the Modoc troubles.

In a letter, dated April 11th, 1872, he instructed Superintendent Odeneal to remove the Modocs to Klamath Reservation,or locate them on a new home. In reply, Odeneal suggested that, since Klamath was the home set apart for them in common with other Indians, it was the proper place for them, and suggested they be removed thereto. In compliance with this recommendation, he was instructed, in a letter of September 6th, 1872, to remove the Modocs to the Klamath Reservation;peaceablyif you can,forciblyif you must.

Meanwhile the Modocs were kept posted by the white men, who sympathized with them, of the proposed movements.

Captain Jack and his men sought advice of Judges Roseborough and Steele, of Y-re-ka. Both these gentlemen advised them not to resist the authority of the Government, but also promised, asattorneys, to assist them in getting lands, provided they would dissolve tribal relations. I have sought diligently, as a commissioner, for information on this subject, and conclude that nothing further was ever promised by either Roseborough or Steele. The hope thus begotten may have caused the Modocs to treat with less respect the officers of the Government, and made them more insolent toward settlers; but nothing of wilful intent can be charged to Steele or Roseborough.

It is in evidence that Superintendent Odeneal despatched messengers to the Modoc camp on Lost river, November 26th, 1872, to order Captain Jack and his people to go on to the Reservation, with instruction to the messengers that, in the event of the refusal of the Modocs to comply, to arrange for them to meet him (Odeneal) at Linkville, twenty-five miles from the Modoc camp.

They refused compliance with the order, and also refused to meet Superintendent Odeneal at Link river, saying substantially “that they did not want to see him or talk with him; that they did not want any white man to tell them what to do; that their friends and advisers were in Y-re-ka, Cal. They tell us to stay here, and we intend to do it, and will not go on the Reservation (meaning Klamath); that they were tired of talk, and were done talking.” If credit were given to these declarations, it would appear that some parties at Y-re-ka were culpable. Careful investigationdiscloses nothing more than already recited, so far as Roseborough and Steele were concerned, but would seem to implicate one or two other parties, both of whom are now deceased; but even then no evidence has been brought forth declaring more than sympathy for the Modocs, which might easily be accounted for on the ground of personal interest, dictating friendship toward them as the best safeguard for life and property; but nothing that could be construed as advising resistance to legal authority; and their statement in regard to advisers in Y-re-ka should not be entitled to more credit than Captain Jack’s subsequent assertion that “no white man had ever advised him to stay off the Reservation.” This latter declaration was made during the late trials at Klamath by the “military commission,” at a time when the first proposition made to Superintendent Odeneal’s messengers in regard to Y-re-ka advices would have secured the Modocs then on trial some consideration.

The only thing said or done by any parties in Y-re-ka that has come well authenticated, that could have had any influence with the Modocs in their replies to Odeneal’s message, is the proposition above referred to as coming from Roseborough and Steele, to assist them asattorneysto secure homeswhenthey should have abandoned tribal relations, paid taxes, and made application to become citizens. The high character both these gentlemen possess for loyalty to the Government, and for integrity, would preclude the idea that any wrong was intended.

On receiving Captain Jack’s insolent reply to his message, Superintendent Odeneal made applicationto the military commander at Fort Klamath for a force to “compel said Indians (Modocs) to go upon the Klamath Reservation;” reciting the following words from the honorable Commissioner of Indian Affairs: “You are hereby directed to remove the Modoc Indians to Klamath Reservation;peaceablyif you possibly can, butforciblyif you must,” and saying: “I transfer the whole matter to your department without assuming to dictate the course you shall pursue in executing the order aforesaid; trusting, however, that you may accomplish the object desired without the shedding of blood, if possible to avoid it.”

He received the following reply:—

Head-quarters, Fort Klamath, November 28th, 1872.Sir:—In compliance with your written request of yesterday, I will state that Captain Jackson will leave this post about noon to-day, with about thirty men; will be at Link river to-night, and I hope before morning at Captain Jack’s camp.I am, sir, very respectfully,Your obedient servant,JOHN GREEN,Major First Cavalry Commanding Post.Mr. T. B. Odeneal,Superintendent Indian Affairs.

Head-quarters, Fort Klamath, November 28th, 1872.

Sir:—In compliance with your written request of yesterday, I will state that Captain Jackson will leave this post about noon to-day, with about thirty men; will be at Link river to-night, and I hope before morning at Captain Jack’s camp.

I am, sir, very respectfully,Your obedient servant,JOHN GREEN,Major First Cavalry Commanding Post.

Mr. T. B. Odeneal,Superintendent Indian Affairs.

These movements were intended to be made without the knowledge of the Modocs. Superintendent Odeneal sent messengers to warn the settlers of the proposedforcible experiment. Complaint has justly been made that there were several parties unwarned.

The Modocs had one especial friend in whom theyrelied for advice and warning. This man’s name was Miller.

They called on him the day previous to Major Jackson’s appearance at the Modoc camp, and he, being ignorant of the movement told them, that “no soldiers were coming.” Some twelve settlers were unwarned, who lost their lives thereby.

Neglect on the part of those having the management of this matter resulted in much blood.

When Major Jackson was en route to the Modoc camp, some twenty-five white men from Linkville and the surrounding country assembled and proposed to accompany the expedition.

It has been said that they went for the purpose of “seeing Major Jackson and his thirty-five men get licked.” At all events they were armed with Henry rifles and revolvers.

Frontier men are fond of sport, and the more it is embellished with danger the more captivating it is tothem. I do not say this with disrespect to frontier men, but simply state a fact that is not generally understood.

While it is true that theyplaywith dangerous weapons as carelessly as a city dandy does with a switch cane or ivory opera-glass, they are, nevertheless, as a class, true, honest, enterprising, great brave-hearted men, who would scorn to do a mean thing.

They have among them men who are irresponsible vagabonds, reckless fellows who are driven from the cities and towns on account of their crimes. These latter characters beget strife among the people, and when truth comes to the front and speaks out, itdeclares that they are thesolecause of any difficulty between good white men and Indians. They are the first to volunteer on occasions like this. As a class they are brave, fearless, desperate, having little regard for human life, caring not how much bad blood they evoke. But the idea that seems to prevail with eastern people, that all frontier men are rough, bad men, is outrageously false in the premises. Better men, braver men, more honorable, more enterprising men cannot be found on this continent than thousands who ride on the swelling breakers of advancing emigration. A moment’s consultation withjusticeandrightwould compel the law-makers, book-writers and newspaper reporters, instead of constant, sweeping insinuations against frontier men, to say encouraging words in their behalf, and to offer them every facility to successfully plant the foundations of prosperous society on the verges of American civilization. Honor to whom honor is due.

The party of citizens who went down Lost river on the morning of the 27th of November, 1872, were,with one or two exceptions, good, responsible settlers. Their motives were honorable, their intentions were good; and if serious results came out of the fact of their presence it was not because they as a party were “bloodthirsty desperadoes.”

They went on the opposite side of the river, and took a commanding position on a bluff overlooking the Modoc camp; which was located on the very spot where my party met Captain Jack in 1869.

The Modoc camp was divided by the river, Captain Jack, and fourteen men with their families, occupying the west bank, where the plain slopes graduallydown to the water’s edge; the background being covered with a growth of sage brush.

With Captain Jack was “Schonchin John,” so named from being a younger brother of the “Old chief Schonges;” “Scar-face Charley,” so named on account of a scar on his face; “Black Jim,” so named on account of his dark color; “One-eyed Mose,” so called on account of defect in one eye; “Watchman,” who was killed in the first battle; “Humpty Joe,” “Big Ike,” “Old Tails,” “Old Tails’ boy,” “Old Long-face,” and four others.

On the east side of the river was the “Curly-haired Doctor;” “Boston Charley,” named on account of his light color; “Hooker Jim” had lived with old man Hooker; “Slolax,” and ten others, with their families.

Major Jackson, with his force, arrived at Jack’s camp at about daybreak on the morning of the 30th November, 1872. At the same time the citizen party arrived opposite and near the camp of the Curly-haired Doctor.

The Modocs were taken by surprise,—although they had reason to expect the soldiers would come within a few days.

They have since asserted that Odeneal’s messengers had agreed to come again before bringing soldiers; and, if possible, bring Supt. Odeneal with them.

It was a mistake that he did not go in person,—either with the messengers in the first instance or after their return to Linkville.

He might not have accomplished any good, but he would have prevented severe criticism, and muchblame that was laid at his door; inasmuch as Jack subsequently asserted “that he would not have resisted, had Odeneal come himself to him and made everything plain.” Again, they had relied on Miller for warning; hence his death.

When Maj. Jackson arrived at the camp, and while he was placing his men in position, an Indian, who was out hunting, made the discovery of Jackson’s presence, and either accidentally, or purposely, discharged his gun. This called the Indians to their feet, and they instantly grasped their arms on seeing themselves so nearly surrounded by soldiers.

Maj. Jackson quietly commanded the Modocs to lay down their arms. Captain Jack complied, and told his men to obey the order of Maj. Jackson.

A parley ensued of half an hour, Captain Jack pleading for Jackson to withdraw his men, while the major was explaining his order, and assuring the Modocs that ample preparation had been made for them at Yai-nax. The whole affair seemed to be settled satisfactorily, and I. D. Applegate, who was with Maj. Jackson, went down to the banks of the river and toldOne-armed Brown, the regular messenger of the Indian Department, who was with the citizen party on the east side, that “everything was settled.” Brown mounted his horse, and started to make known the good news to Supt. Odeneal, who was awaiting the result at Linkville.

All the Modocs on the west side of the river had laid down their arms, except Scar-face Charley, who was swearing and making threats. Maj. Jackson commanded him, “Put down your gun.” Scar-face refused; the major ordered Lieut. Boutelle to disarmhim,—who, on advancing to execute the order, repeated it in emphatic words, not in harmony with savage notions of decorum and decency. “Scarface” was enraged at the vile epithets applied to him, and perhaps remembered just then that he had once seen, from a chapparel thicket, a sight that had haunted him from his childhood, namely, nothing less than armed white men chasinghis fatherwith alassoand catching him. He saw them hang him without a trial, or even any proof that he was guilty of any crime. At all events, he drew his pistol, and, saying that he “would kill one white man,” discharged it at the advancing officer; but so nearly simultaneous with Boutelle’s pistol, that even the latter does not know who fired first. This was the opening gun of the Modoc war; the beginning of what ended on the gallows on the third of November, 1873.

Without stopping now to call up the intervening pictures, let us see how the battle went. Very soon the entire force of soldiers was firing into the Indian camps, and the fourteen Indian men were fighting back with muzzle-loading rifles.

The battle lasted three hours; the Indians, having taken cover of the sage brush, finally withdrew, carrying with them the watchman who was killed, and escaping with all their women and children.

Maj. Jackson lost ten killed and five wounded; and on the reappearance of the Indians, a few hours later, drew off his forces, leaving the Modocs in possession of the battle-field.

While all this was enacting on the west bank of Lost river, let us see how the boys who went down to “take a look” got along as spectators. Mr. Brown,hearing the report of arms, returned just in time to take an active part in a performance that was not in the programme of fun as laid out in the early morning.

The citizens and Modocs on the east side could not stand the pressure,—looking on and seeing a fair fight, within a couple of hundred yards, without taking a part. The Modocs caught up their guns and rushed down to the river, intending to reinforce Captain Jack. The citizens sought to prevent them getting into their canoes; and,somehow, they became very much interested in matters nearer home than Maj. Jackson’s fight.

Who began the battle on the east side is a question of doubt,—both parties denying it; but a lively fight was the result, and the citizens drew off, leavingthreeorfour dead friendson the ground and—and—one dead squaw, with an infant corpse in her arms.

It is not in evidence who was victor, but there is the record. The major dispatched a messenger for reinforcements, who run the gauntlet of Indian bullets, and barely escaped.

From Indian lips I learn that in the first battle of which I have spoken, Captain Jack did not fire a shot himself, though he directed the fight.

On the occasion of the messenger being sent off by Maj. Jackson, Captain Jack, who was secreted in the sage brush, ran after him and fired one or two shots.

Let us look now to the Modocs with Captain Jack. They did not go on the warpath, but hastened to gather up their women and horses, and retired to the Lava Bed.

Scarface Charley remained behind, for a purposethat can scarcely be credited. Those who doubt any real genuine manhood among Indians may wonder when I declare that he remained to warn white men of the danger threatening them. In two instances he saw white men, who were his personal friends, going, as he knew, into certain death. In both instances he laid hold of the bridle-reins of the riders’ horses and turned them around, and, pointing to the road whence they came, bade them “ride for life.”

They lost no time in heeding the warning given, and also in notifying the settlers en route of the existence of open hostilities.

By this means John A. Fairchild was notified of the dangers that surrounded him and his family.

Mr. Fairchild’s name has become intimately connected with the Modoc war; indeed, he played some of the thrilling parts of this tragic drama. He is a man of forty years of age, a native of Mississippi; went West when a boy, and engaged in mining. In the course of time he became a large stock-raiser, and went, ten years ago, with his herds of cattle and horses, into the Modoc country.

Hesoon learned a lesson that our Government hasnot, viz., that it is cheaper tofeedIndians than tofightthem. Soon after his arrival he arranged a treaty with the Modocs, paying them a small compensation for the use of the country for stock uses. During the time, he has made the personal acquaintance of nearly every Indian of Captain Jack’s band.

His home is situated on Hot Creek, near its rise at the foot of the mountains that divide the Modoc from the Shasta country.

It will be remembered that the head-quarters of thePeace Commission was at Fairchild’s ranch during the first days of its organization. This was also the original home of a part of Jack’s band.

At the beginning of the late Modoc war some fourteen warriors and their families were living near Mr. Fairchild’s house; by his management of them they were prevented from joining Captain Jack for several days. He, together with Mr. Press Dorris, who lives near him, and is also a stock-raiser, called together these fourteen men, including “Bogus Charley” (who gets his name from his birthplace on Bogus creek), “Shacknasty Jim” (so named from his mother), “Steamboat Frank” (so called in honor of his squaw, whose name was Steamboat, because of her great size and her habit of puffing and blowing like the aforesaid vessel), Ellen’s man George, and ten others,—who all distinguished themselves in the war,—and started with them and their families to Klamath Reservation. They notified Agent Dyer, of Klamath, of their coming, and requested him to meet them and take charge of the Indians.

Dyer responded, and, hastening to meet them on Klamath river, passed through Linkville en route. While there he heard intimations of the danger of passing through the town with the above-named Modocs.

The news of the battle had reached Linkville, and the people were aroused to madness at the sight of the mangled bodies of the soldiers and citizens that had been brought in. It is not strange that such sights should call out a demand for vengeance; that the citizens, feeling outraged, should make threats.

It is certain that a party left Linkville before Agent Dyer arrived, and went in the direction of BobWhittle’s, where Fairchild and Dorris were guarding the Hot Creek Modocs, now so anxious to reach the Reservation that they might escape any kind of entanglement with the rebels.

The party found Fairchild and Dorris fully prepared to protect those under their charge, and no attack was made, whatever may have been the first intention. On Mr. Dyer’s arrival at this time, he stated his fears to Fairchild and Dorris, which the Indians overhearing,stampeded, and went directly to the Lava Beds, thus adding fourteen warriors to Captain Jack’s forces. All of them were brave men, and bad men, too, as the sequel will show. The fright they had received at Bob Whittle’s appears to have made them even more anxious for war than those who had been engaged in the Lost-river battle, on the 30th of November, 1872.

Indian proof is abundant that Captain Jack, in anticipation of the coming of the soldiers, had advised his men to surrender rather than fight; but, even if forced to resist, in no event to attack citizens, saying, “If we must, we will fight soldiers, not white men,” meaning citizens.

It is a fact that, so far as he was concerned, he sought to avoid conflict. The Curly-haired Doctor was eager for blood—or, at all events, he was rebellious, and constantly advised resistance to the authority of the Government.

His interference in the council of December, 1869, referred to in a former chapter, and his sanction to the proposition to murder our party at that time, and the subsequent proposal to assassinate the Commissioners sent out in August, 1871, to arrange matterswith them, all stand against him previous to the opening of the war.

But to return to the battle of Lost river. After a sharp fight, the citizens having withdrawn to Dennis Crawley’s house, the Modoc braves assembled, and, through the advice of Hooker Jim, the Curly-haired Doctor, with Steamboat Frank and three or four others, started on a mission of vengeance.

The acts of savage butchery committed by them are well known to the world,—how they went to Mr. Boddy’s house with their garments covered with the life-blood of their victims, and, taunting the women, boasted of their heroism, saying, “This is Boddy’s blood; but we are Modocs; we do not kill women and children. You will find Boddy in the woods. We will not hurt you.”

Thus from house to house they went, after killing the husbands and fathers, until they had slaughtered thirteen persons,—Brotherton, Schiere, Miller, and others, including one small boy, who resisted them.

The reign of terror was complete. Who shall ever find words to describe the horror of the night following this treacherous butchery? The women left their homes to hunt for their murdered friends. In one instance, the presence of a team without a driver gave the awful tidings.

Leaving their dead, through the long dark night that followed, they made their way through the trackless sage-brush plains to the nearest settlement. With these people the Modocs had been on friendly terms, and had never had any misunderstandings with the Indians. On the contrary, they had shown by many acts of kindness theirgood will. They were personallyacquainted with the men who composed the murderous gang. This was especially the case with Mr. Miller; he had been their steadfast friend for years, and had furnished them provisions and ammunition but a few days previously, and had further interested himself in their behalf, in conjunction with Esquire Steele of Y-re-ka, in securing to them the right to take up lands in common with other people.

The murder of Miller seems the more inhuman when it is remembered that he was killed by Hooker Jim. The latter declares that he did not know that he was shooting at Miller. Otherwise he would not have committed the treacherous deed. Miller had been on especial good terms with thisdesperado.

With my knowledge of Indian character, I am of the opinion that Hooker Jim designedly killed Mr. Miller, because he believed that the latter had purposely withheld from the Modocs the movement of Major Jackson.

Loaded with plunder, and mounted on the horses they had captured, these bloodthirsty savages made their way around the east side of Tule lake; meeting Captain Jack and his warriors in the Lava Bed. I am indebted to the Modocs themselves for many items of importance in this connection. I give them for what they are worth, with the authority announced. Some of them are doubtless correct, according to the authority quoted.

On the arrival in the Lava Bed, Captain Jack denounced the murderers for their bloody work, and particularly for the killing of Mr. Miller; he then declared that the men who committed this outrageous crime should be surrendered to the white men for trial;that a great mistake had been made; and that unless these men were given up, the whole band would be lost. The councils held were noisy and turbulent, threatening strife and bloodshed. While this matter was under discussion, the Hot-Creek Indians, who had stampeded from Whittle’s Ferry, while they were en route to Klamath Agency, arrived in the Lava Bed, adding fourteen braves to the little band of desperadoes. The Hot-Creek Modocs, having become demoralized by the threats they had overheard made against them, and being influenced by the Curly-haired Doctor’s promise of making medicine to protect them, were ready to espouse the cause of the murderers. The whole number of braves at this time was fifty-three, including the chief himself. Thus, when the discussion was ended and the question was submitted to a vote, a large majority was opposed to the surrender of the Lost-river murderers.


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