USA > Oregon > History of Oregon, Vol. II, 1848-1888 > Part 58
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On the 30th of January the secretary of war di- rected General Sherman to notify Canby that offens- ive operations against the Modocs should cease, and the troops be used only to repel attacks and protect the citizens. Wheaton was also relieved of his com- mand,60 which was assumed by Colonel Alvin C. Gillem
57 See remarks of N. Y. Tribune, in S. F. Bulletin, Jan. 25, 1873, and Sac. Union, Jan. 31, 1873.
68 See H. Ex. Doc., 122, 239-40, 43d cong. Ist sess.
59 The Washington correspondent of the S. F. Bulletin names the Orego- nians in Washington who were the authors of the peace commission. They were A. B. Meacham, E. L. Applegate, S. A. Clarke, D. P. Thompson, M. P. Berry, R. H. Kincaid, Daniel Chaplin, and a 'few other Oregon gentle- men.' Jacob Stitzel should have been added. Meacham was the elector chosen to carry the vote of Oregon to Washington on Grant's reelection, and was in a position to have his requests granted.
60 There was a general protest against Wheaton's removal, it being con- ceded, by those who knew the difficulties to be encountered, that he had done as well as could be done with his force.
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596
THE MODOC WAR.
of the 1st cavalry. Canby also felt that the new or- der of the war department implied censure of himself, and wrote to Sherman that hostilities could not have been avoided, as the Modocs were determined to re- sist; that he had taken care that they should not be coerced until their claims had been decided upon by the proper authorities; and that there would be no peace on the frontier until they were subdued and punished for their crimes. Sherman replied to Can- by's protest: "Let all defensive measures proceed, but order no attack on the Indians until the former orders are modified or changed by the president, who seems disposed to allow the peace men to try their hands on Captain Jack."
The commissioners first named to serve with Meacham were Superintendent Odeneal and Parson Wilbur, agent at Simcoe reservation; but Meacham refusing to serve with either, Jesse Applegate and Samuel Case were substituted. Canby was advised of the appointments, and also that the commissioners were to meet and confer with him at Linkville on the 15th of February; but the meeting did not take place until the 18th, on account of Meacham's failure to arrive.
In the interim Jack kept up the excitement by attacks now and then on the troops, in which cases they also fought vigorously. On the 25th of Janu- ary an attack was made on the rear-guard of the train of Bernard, who was moving camp from the south-east corner of Tule Lake to Clear Lake. They had cap- tured one wagon, when Bernard returned and fought them, taking nearly all their horses, and depriving them of the means of making forays through the sur- rounding country. In the various encounters, eight Modocs had been killed and as many wounded.
Being shorn of a part of his strength, Jack resorted to savage wiles, and allowed it to go out that he was tired of war, keeping up a constant communication, which the armistice permitted him to do, with his
597
INDIAN DIPLOMACY.
former friends, and even with the camp of Gillem, through the visits to these places of the Modoc women. They quickly came to understand that they were to be visited by a peace commission; and not to be behind the United States in humanity, they also pretended to a peace party among themselves, and even that Jack had been wounded by his own men for not fighting on the 17th.
This familiar phase of Indian diplomacy did not deceive any one. Fairchild endeavored to gain an interview, but was refused. After a quiet interval of nearly a fortnight, some of their scouts again ventured ont as far as Crawley's house, which they burned.
When the people whose relatives had been killed in the massacre of the 29th and 30th of November heard of the peace commission, they took steps to have eight of Jack's band indicted before the grand jury of Jackson county, in order to forestall the pos- sible action of the commissioners, and secure the pun- ishment of the murderers.61 Governor Grover also filed a protest with the board against any action of the commission which should purport to condone the crimes of the Modocs, who, he elaimed, should be given up and delivered over to the civil authorities for trial and punishment, and insisting that they would have no more authority to deelare a reservation on the settled lands of Lost River than on the other settled portions of the state.
To this protest, which was forwarded to the secre- tary of the interior, Delano replied that the comniis- sion should proceed without reference to it; that if the authority of the United States were defied or resisted, the government would not be responsible for the results; and that the state might be left to take
61 These 8 were Scarface Charley, Hooker Jim, Long Jim, One-eyed Mose, Old Doctor Humphrey, Little Jim, Boston Charley, and Dave. Oregonian, Feb. 15, 1873; Il. Ex. Doc., 122, 263, 43d cong. Ist sess.
598
THE MODOC WAR.
care of the Indians without the assistance of the government; the United States in this case being represented by a coterie of politicians who were simply experimenting with a contumelious band of spoiled savages, without regard to the rights of the white people of the state.62 To this haughty and overbear- ing message the people could only reply by still pro- testing.
The commissioners, after meeting at Linkville, re- paired to Fairchild's place on Willow Creek, to be nearer all points of communication with the govern- ment, the army, and the Modocs. The services were secured of Whittle and his Indian wife Matilda, who were to act as messengers and interpreters. The first work of the board was to investigate the causes of the hostile attitude of the Modocs, during which the facts already presented in this chapter were brought out; 63 and while this was in progress Whittle made a visit to the Modocs to learn how Jack would receive the peace commissioners.
On the 21st of February Meacham telegraphed to Washington that he had a message from Jack, who declared himself tired of living in the rocks and desir- ous of peace; that he was glad to hear from Wash- ington, but did not wish to talk with any one who had been engaged in the war; and that he would meet Meacham and Case outside the rocks without harm- ing them.64
This was not an honest report. What Jack did say to Whittle was that he would consent to a con- ference with Steele, Roseborough, and Fairchild, but declined to meet the commissioners.65 The presi- dent had already, by the advice of Canby, appointed Roseborough as one of the board, who in company
62 Red Bluff Sentinel, Feb. 22, 1873; New York Herald, Feb. 17 and June 2, 1973.
6' Jesse Applegate resigned rather than 'investigate' his brother and nephews.
64 See telegram in II. Ex. Doc., 122, 255, 43d cong. Ist sess.
65 Yreka despatches, in Oregonian, Feb. 26, 1873.
599
NEGOTIATIONS WITH THE SAVAGES.
ยท with Steele, who it was thought might be useful in communicating with Jack, was then on his way to the front. Before his arrival, however, Whittle had a second interview with Jack, whom he met a mile from the lava-beds with a company of forty warriors heavily equipped with needle-guns and small arms, but asserting that he only wanted peace, to prove which he pointed to the fact that the houses of Dorris, Fairchild, Van Bremer, and Small were still left stand- ing, and again consenting to talk with the men before named. Growing impatient, he expressed a desire to have the meeting over, and Dave, one of his company, returned to camp with Whittle, and carried back word that Fairchild would make a preliminary visit on the 26th to arrange for the official council.66
Accordingly, on that day Fairchild, accompanied, not by Whittle and Matilda, but by T. F. Riddle and his Indian wife, Toby,67 as interpreters, repaired to the rendezvous. He was charged to say that the commissioners would come in good faith to make peace, and that he was delegated to fix upon a place and time for the council. But the only place where Jack would consent to meet them was in the lava-beds; and as Fairchild would not agree that the commis- sioners should go unarmed into the stronghold, he returned to camp without making any appointment. With him were allowed to come several well-known murderers, Hooker Jim, Curly-headed Doctor, and the chief of the Hot Creeks, Shacknasty Jim. They came to make terms with Lalake, a chief of the
66 One of the surgeons in camp stated, concerning the second interview with Jack, that 10 of his followers were for peace and 10 against it, while the others were indifferent. Yreka despatches, in Oregonian, Feb. 25, 1873. 67 Whittle and Riddle belonged to that class of white men known on the frontier as 'squaw men.' They were not necessarily bad or vicious, but in all disturbances of the kind in which the people were then plunged were an element of mischief to both sides. Having Indian wives, they were forced to keep on terms of friendship with the Indians whatever their character; and owing allegiance to the laws of the state and their own race, they had at least to pretend to be obedient to them. It is easy to see that their encour- agement of the Modocs, direct or indirect, had a great deal to do with bring- ing on and lengthening the war.
600
THE MODOC WAR.
Klamaths, for the return of sixty horses captured dur- ing the war, with which transaction there was no in- terference by the military.68
On the arrival of Steele, the board of commissioners held a meeting, and decided to offer the Modoes a gen- eral amnesty on condition of a complete surrender, and consent to remove to a distant reservation within the limits of Oregon or California, Canby to conclude the final terms. Against this protocol Meacham voted, being still inclined to give Jack a reservation of his choice. On the 5th of March Steele proceeded, in company with Fairchild, Riddle, and Toby, and a newspaper reporter, R. H. Atwell, to visit the Modoc stronghold, and make known to Jack the terms offered. A singular misunderstanding resulted. Steele, who was but little acquainted with the language of the Modoes, reported that Jack had accepted the offer of the commissioners, and Fairchild that he had not. Riddle and Toby were the best of interpreters; Scar- face spoke English very well, and Jack but little if at all. Steele and Fairchild were equally well acquainted with Indian manners, making their differ- ence of opinion the more unaccountable.
When Steele handed in his report there was a feel- ing of relief experienced in camp, and the commis- sioners set about preparing despatches, only to be thrown into confusion by the contradictory statement of Fairchild. So confident was Steele, that he decided upon returning for verification of his belief; but Fair- child declined to expose himself to the rage of the Modocs when they should find they had been misin- terpreted. In view of these conflicting opinions, Meacham cautiously reported that he had reason to believe that an honorable and permanent peace would be concluded within a few days.69
On returning that evening to the Modoc strong- hold, Steele found the Indians in much excitement.
68 Yreka despatches, in Oregonian, March 1873; Ind. Aff. Rept, 1873, 75. 69 H. Ex Doc., 122, 260, 43d cong. Ist sess.
601
CAPTAIN JACK DEFIANT.
They had been reenforced by twenty warriors. Sconchin 70 was openly hostile, Jack still professing to desire peace. The evidences of blood-thirstiness were so plain, however, that Steele's confidenee was much shaken, and he slept that night guarded by Scarface. In the morning Jack wore, instead of his own, a woman's hat-supposed to indicate his peace prin- ciples; and Sconchin made a violent war speech. When he had finished, Jack threw off his woman's hat and hypocrisy together, declaring that he would never go upon a reservation to be starved. When told by Steele of the futility of resistance, and the power of the American people, he listened with com- posure, replying: "Kill with bullets don't hurt much; starve to death hurt a heap."" " 71 No full report of this interview was made public. It was understood that a complete amnesty had been offered, provided the Modocs would surrender, and go to Angel Island in the bay of San Francisco, until a reservation could be found for them in a warm climate. They were to be comfortably fed and clothed where they were until re- moved to Angel Island, and Jack was offered permis- sion to visit the city of Washington in company with a few of his head men. Jack made a counter-proposi- tion, to be forgiven and left in the lava-beds. He de- sired Meacham and Applegate, with six men unarmed, to come on the following day and shake hands with him as a token of peace.
On returning from the conference, Steele advised the commissioners to cease negotiations until the Ind- ians should themselves make overtures, saying that the Modocs thought the soldiers afraid of them, and carried on negotiations solely in the hope of getting Canby, Gillem, Meacham, and Applegate into their
70 Sconchin of Jack's hand was a brother of the chief Sconchin at Yainax, and an intelligent though unruly Indian.
11 Steele's Modoc Question, MS .. 25. It is noticeable that in all Steele's in- terviews with Jack he never made any attempt to impress upon his mind the benevolent intentions of the government, but only its coercive power, which he knew Jack defied.
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THE MODOC WAR.
power to kill them. As for himself, he would take no more risks among them.
Meacham then telegraphed the secretary of the interior that the Modocs rejected peace, and meant treachery in proposing to shake hands with the com- missioners unarmed; but Delano, with the theoretical wisdom of the average politician, replied that he did not so believe, and that negotiations were to be con- tinued. Canby telegraphed Sherman, March 5th, that the reports from the Modocs indicated treachery and a renewal of hostilities, to which Sherman replied that the authorities at Washington confided in him, and placed the matter in his hands.72
It was not until this intimation of a change in the board was made that the commissioners, having com- pleted their examination of the causes which led to hostilities, presented their report. The conclusions arrived at were that in any settlement of the existing hostilities it would be inadmissible to return the Modocs to the Klamath reservation, the Klamaths having taken part in the war against them; or to set apart a reservation on Lost River, the scene of their atrocities. They also objected to a general amnesty, which would bring the federal government in conflict with the state governments, and furnish a precedent calculated to cause misconduct on the reservations, besides greatly offending the friends of the murdered citizens. It was their opinion that the eight Indians indicted should be surrendered to the state authorities to be tried. Should the Modoes accept an amnesty, they should, with the exception of the eight indicted, be removed at once to some fort, other than Fort
72 The despatch read: 'All parties here have absolute faith in you, but mis- trust the commissioners. If that Modoc affair can be terminated peacefully by you it will be accepted by the secretary of the interior as well as the pres- ideut. Answer immediately, and advise the names of one or two good men with whom you can act, and they will receive the necessary authority; or, if you can effect the surrender to you of the hostile Modocs, do it, and remove them under guard to some safe place, assured that the government will deal by them liberally and fairly.'
603
PROMISED SUBMISSION.
Klamath, until their final destination was decided upon.73
To this report General Canby gave his approval, except that he held the opinion that the Indians, by surrendering as prisoners of war, would be exempt from process of trial by the state authorities of Oregon or California. From this opinion Roseborough dis- sented, but thought neither state would interfere if satisfied that the murderers would be removed to some distant country beyond the possibility of return.
Applegate and Case having resigned, the former with a characteristic special report to the acting com- missioner of Indian affairs, H. R. Clum, in which he alluded to the peace commission as an "expensive blunder," and rejected his pay of ten dollars a day, it might be said that after the 6th of March no board really existed, and everything was in the hands of Canby. Jack, who kept himself informed of all that was transpiring, and fearful lest the commissioners should yet slip through his fingers, sent his sister Mary, on the day following Steele's final departure, to Canby, to say that he accepted the terms offered on the 3d, of present support and protection, with re- moval to a distant country; asking that a delegation of his people might be permitted to accompany the government officers in search of a new home, while the remainder waited, under the protection of the military, and proposed that the surrender should be made on the 10th.
To this proposition Canby assented, and word was sent to Jack that he and as many of his people as were able to come, should come into camp that even- ing, or next morning, and that wagons would be sent to the edge of the lake to fetch the others on Monday. But Jack did not come as expected, and the messen- gers sent to him returned with the information that they could not yet leave the lava-beds, as they were
78 Portland Bulletin, March 13, 1873; Jacksonville Sentinel, March 8, 15, 1873; Gold Hill News, March 15, 1873; S. F. Call, March 5, 6, 7, 12, 13, 1873.
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THE MODOC WAR.
interring their dead, but would soon keep their prom- ise. Canby then sent warning that unless they sur- rendered at once the troops would be sent against them, and Mary was sent once more to convey mes- sages from Sconchin and Jack. The former affected surprise that the white officers should so soon be offended with them, and wished to know the names of those who sent the warning message; and Jack de- clared he desired peace or war at once, but preferred peace. There was little in his message, however, to indicate any degree of humility. On the contrary, he dictated the terms, which would leave him master of the situation, his people fed and clothed, and allowed to remain on Lost River, while he went forth free. Riddle and Toby, who interpreted the messages from the Modocs, saw in them a sinister meaning, and cau- tioned Canby.
The general, finding himself forced into a position where he must vindicate the power and righteousness of the government, and obey orders from the depart- ments, had little choice. Either he must make war on the Modocs, which he was forbidden to do, or he must make peace with them, which was still doubtful. He chose to accept as valid the excuses for their want of faith, and went on making preparations for their reception at his camp on the 10th. Tents were put up to shelter them, hay provided for beds, and new blankets, with food and fire-wood furnished, besides many actual luxuries for the head men. On the day appointed, four wagons were sent, under the charge of Steele and David Horn, a teamster, to Point of Rocks on Klamath Lake, the rendezvous agreed upon; but no Indians appearing, after four hours of waiting the expedition returned and reported. Notwith- standing this, Canby telegraphed that he did not re- gard the last action of the Modocs as final, and would spare no pains to bring about the result desired; but might be compelled to make some movement of troops to keep them under observation. This was satisfac-
605
CONTINUED SUSPENSE.
tory to the secretary of the interior, but not quite so to General Sherman, who had somewhat different views of the Modoc question.74
On the 11th a reconnaissance of the lava-beds, by a cavalry company under Colonel Biddle, was ordered, but he saw nothing of the Modocs. According to a previously expressed desire of Jack's, a messenger had been sent to Yainax to invite old Sconchin and a sub-chief, Riddle, to visit him, a proposition favored by the general, who hoped the friendly chiefs might influ- ence him to make peace. Sconchin came reluctantly, and after the interview assured the general that all future negotiations would be unavailing.
On the 13th Biddle, while reconnoitring the vicin- ity of the lava-beds, captured thirty-four horses belong- ing to the Modocs-a measure thought necessary to lessen their means of escape. Two days afterward headquarters were moved to Van Bremer's, and the troops drawn closer about Jack's position. On the 19th Meacham wrote that he had not entirely aban- doned hope of success; but the Modocs were deterred by a fear that the Oregon authorities would demand the eight indicted men to be tried. In this letter he advocated a meeting on Jack's own terms, and said if left to his own judgment he should have visited the stronghold; even that he was ready to do so now, but was restrained by Canby; though it did not appear that anything had transpired to change his mind since he had written that the Modocs meant treachery. Canby himself could not make his reports agree, for on one day he thought the Modocs would consent to go to Yainax, and on the next that they were not favor- able to any arrangement. On the 22d, while Canby
14 Sherman's telegram, after counselling patience, closed with this para- graph: 'But should these peaceful ineasures fail, and should the Modocs pre- sume too far on the forbearance of the government, and again resort to deceit and treachery, I trust you will make such use of the military force that no other Indian tribe will imitate their example, and that no reservation for them will be necessary except graves among their chosen lava-beds.'
606
THE MODOC WAR.
and Gillem were making a reconnoissance with a cav- alry company, an accidental meeting took place with Jack and a party of his warriors, at which a conference was agreed upon between Jack, Seonehin, and the two generals; but when the meeting took place it was Searface, the acknowledged war-chief, instead of Sconchin, who accompanied Jack. These provoca- tions caused Canby to tighten more and more the cordon of soldiery, and to remove headquarters to the foot of the high bluff skirting the lake, within three miles of the Modoc position.
The peace commission, which had been reorgan- ized by the appointment of E. Thomas, a methodist preacher of Petaluma, California, and L. S. Dyar of the Klamath ageney, in place of Applegate and Case, resigned, arrived at headquarters on the 24th of March, and also Captain Applegate with five reser- vation Modocs sent for by Canby to assist in the peace negotiations. On the 26th Thomas and Gil- lem had an interview with Bogus Charley, another of the Modoc warriors, who passed freely between the stronghold and the military camp, carrying news of all he saw to his leader. In this interview it was once more agreed upon that on the following day Jack and his head men should meet these two in con- ference; but instead, a message "of a private nature" was sent by a delegation consisting of Bogus Charley, Boston Charley, Mary, and Ellen, another Modoc woman.
In this way the time passed until the last of March was reached, and fear was entertained that with the return of warm weather the Modocs would escape to the Shoshones, and that together they would join in a war on the outlying settlements. Hooker Jim had indeed already made a successful raid into Langell Valley, driving off a herd of horses; and on more than one occasion Jack's lieutenants had ventured as far as Yainax, laboring to induce Sconchin's band to join in a confederacy of five tribes, which he said were ready
607
A CONFERENCE.
to take the war-path as soon as he should quit the lava-beds; and these occurrences, becoming known, caused much alarm.
On the 31st a movement by the troops in force was made, three hundred marching to the upper end of Klamath Lake, and thence on the 1st of April to Tule Lake and the lava-beds, Mason's position being two miles from the stronghold, on the east side. On the 2d the Modocs signified their willingness to meet the peace commissioners at a point half-way between head- quarters and the stronghold; but Jack only reiterated his terms, which were a general amnesty, Lost River, and to have the troops taken away. The only con- cession made was his consent to having a council-tent erected at a place on the lava-field a mile and a quar- ter from the camp of the commissioners.
Again on the 4th a request was made by Jack for an interview with Meacham, Roseborough, and Fair- child at the council-tent. They went, accompanied by Riddle and Toby, and found Jack, with six warriors and the women of his family. Again Jack and Scon- chin demanded the Lost River country and their free- dom. He was assured that it was useless talking about Lost River, which they had sold, and which could not be taken back. When reminded of the kill- ing of the settlers, Jack declared that if the citizens had taken no part in the fight of the 29th the mur- ders would not have taken place; and finally said that he would say no more about Lost River if he could have a reservation in California, including Willow, Cottonwood, and Hot creeks, with the lava-beds; but this also was pronounced impracticable. The council, which lasted five hours, was terminated by the Indians suddenly retiring, saying if their minds were changed on the morrow they would report.
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