USA > Oregon > History of Oregon, Vol. II, 1848-1888 > Part 61
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As to the manner in which the war was protracted, the cause is apparent. Had Wheaton been permitted to build his mortar-boats, he would have shelled the Modocs out of their caves as easily as did Gillem, and it being winter, they would have had to surrender. The peace commission intervened, the Modocs were permitted to go where they would, and to carry all the plans of the campaign to the stronghold to study how to defeat them. The cutting-off of Thomas' com- mand could only have happened through a knowledge of the intended reconnoissance. Davis' plan was to occupy the lava-beds as the Modocs had, which was a wise one, for as soon as they were prevented from returning, it was only a matter of a few days' scout- ing to run them down.
There remains little to be told of the Modoc story. The remainder of the band was soon captured. Ow- ing to the alarm felt after the massacre of the peace
93 Many laudatory descriptions of Jack appeared in print. See S. F. Call, June 7, 1873; Portland Oregonian, June 3, 1873; Red Bluff Sentinel, July 5, 1873. Sconchin was even more striking in appearance, with a higher frontal brain, and a sensitive face, showing in its changing expression that he noted and felt all that was passing about him. Had he not been deeply wrinkled, though not over 45 years old, his countenance would have been rather pleas- ing. Scarface, Jack's high counsellor, was an ill-looking savage; and as for the others who were tried for murder, they were simply expressionless and absolutely indifferent.
632
THE MODOC WAR.
commissioners and subsequent escape of the Indians from the lava-beds, a battalion of three companies of volunteers was organized by authority of Governor Grover to keep open the road from Jacksonville to Linkville, and to carry to the settlers in the Klamath basin some arms and ammunition issued a month pre- vious, in anticipation of the failure of the peace com- mission, and which were stored at Jenny Creek, on the road to Linkville; and Ross had his headquarters in Langell Valley.
Owing to the alarm of the settlers in Chewaucan, Silver Lake, and Goose Lake valleys, Hizer's com- pany had marched out on the Goose Lake road, where they were met by a company of fifty men from that region under Mulholland, coming in for arms and am- munition. These, after being supplied, turned back, and Hizer's company, reentering Langell Valley just as Green's squadrons were scouting for Jack, joined in the chase, and after Green had returned to camp on the night of June 3d, captured twelve Modocs, among whom were two of the most noted braves of the band. Ross sent a telegram to Grover, who ordered him to deliver them to the sheriff of Jackson county, and to turn over the others to General Wheaton.
But news of the capture being conveyed to head- quarters at Clear Lake, an escort was sent to over- take the prisoners at Linkville and bring them back, Lindsay of the volunteers surrendering them to the United States officer under protest, upon being as- sured that Davis intended hanging those convicted of murder. Such, indeed, was his design, having sent to Linkville for witnesses, among whom were the women of the Boddy family.94 Before the time ar-
94 Hooker Jim and Steamboat Frank admitted being of the party who killed and robbed this family, relating some of the incidents, on hearing which the two women lost all control of themselves, and with a passionate burst of tears and rage commingled, dashed at Hooker and Steamboat, one with a pistol and the other with a knife. Davis interposed and secured the weapons, receiving a slight cut on one of his hands. During this exciting passage both the Indians stood like statues, without uttering a word. S. F. Call, June 9, 1873.
633
RED TAPE AND FOOLISH MERCY.
rived which had been set for the execution, Davis received such instructions from Washington as arrested the consummation of the design.
This interference of the government, or, as it was understood, of the secretary of the interior, so exas- perated certain persons whose identity was never dis- covered,95 that when seventeen Modoc prisoners were en route to Boyle's camp at Lost River ford, in charge of Fairchild, they were attacked and four of them killed. The despatch which arrested the preparations of Davis proposed to submit the fate of the Modocs to the decision of the war office, Sherman giving it as his opinion that some of them should be tried by court-martial and shot, others delivered over to the civil authorities, and the remainder dispersed among other tribes. This was a sort of compromise with the peace-commission advocates, who were still afraid the Modocs would be harmed by the settlers of the Pa- cific frontier. So strong was the spirit of accusation against the people of the west, and their dealings with Indians, that it brought out a letter from Sherman, in which he said: "These people are the same kind that settled Ohio, Indiana, and Iowa; they are as good as we, and were we in their stead we should act just as they do. I know it, because I have been one of them."
The whole army in the field protested against delay and red tape,% but the Modoc apologists had their way.
95 Yreka reports charged this act upon the Oregon volunteers, though they were not within 8 miles of the massacre. Two men only were concerned. A. B. Meacham offered his aid to the secret service department to find the assas- sins. H. Ex. Doc., 122, 327, 43d cong. Ist sess.
96 ' I have no doubt of the propriety and the necessity of executing them on the spot, at once. I had no doubt of my authority, as department com- mander iu the field, to thus execute a band of outlaws, robbers, and murderers like these, under the circumstances. Your despatch indicates a long delay of the cases of these red devils, which I regret. Delay will destroy the moral effect which their prompt execution would have upon other tribes, as also the inspiring effect upon the troops.' Telegram, dated June 5th, in H. Ex. Doc., 122, p. 87, 43d cong. Ist sess. Davis referred here to the desire of the troops to avenge the slaughter of Canby and Thomas' command-a desire which had animated them to endure the three days' fight in the lava-beds, and the eleven days' constant scouting. Portland Oregonian, June 7, 1873.
634
THE MODOC WAR.
After wearisome argument and a decision by At- torney-general Williams,97 a military commission was ordered for the trial of "Captain Jack and such other Indian captives as may be properly brought before it." Those who might be properly tried were named by the war department as the assassins of Canby, Thomas, and Sherwood, and " no other cases what- ever," notwithstanding Grover had telegraphed to the department to turn over to the state of Oregon the slayers of her citizens, whom the government refused to try, or allow to be tried, thus saying in effect that the victims had deserved their fate. At the same time a petition was addressed to Secretary Delano, by E. Steele, William H. Morgan, John A. Fairchild, and H. W. Atwell, asking that Scarface Charley, Hooker Jim, Bogus Charley, Steamboat Frank, Shacknasty Jim, and Miller's Charley should be permitted to remain in Siskiyou county, where it was proposed to employ them on a farm near Yreka. Delano was constantly in receipt of letters in behalf of the Modocs.
On the 14th of June the Modocs, 150 in number, were removed to Fort Klamath, and imprisoned in a stockade, after which a large force of cavalry, under Green, and of infantry, under Mason, made a march of 600 miles through eastern Oregon and Washington to overawe those tribes rendered restless and threat- ening by the unparalleled successes of the Modocs. On the 30th of June, in obedience to instructions from Washington, Davis 98 appointed a military com-
97 II. Ex. Doc., 122, 88-90, 43d cong. Ist sess .; S. F. Call, June 9, 1873; N. Y. Tribune, in Oregonian, June, 1873; N. Y. Herald, June 22, 1873.
98 Davis died Nov. 30, 1879. He was born in Ind., and appointed from that state to West Point; commissioned 2d lieut Ist artillery June 17, 1848; Ist lieut Feb. 29, 1852; captain May 14, 1861; colonel 22d Ind. vols Aug. 15, 1861; brig .- gen. vols Dec. 18, 1861; brevet maj. March 9, 1862, for gal- lant and meritorious services at the battle of Pea Ridge, Ark .; brevet lieut-col May 15, 1864, for gallant and meritorious conduct in the battle of Resaca, Ga; brevet col May 20, 1964, for gallant and meritorious services in the capture of Rome, Ga; brevet maj .- gen. of vols Aug. 8, 1864; brevet brig .- gen. March 13, 1865, for gallant and meritorious condnet in the battle of Kenesaw moun- tain, Ga; brevet maj. - gen. for services in the battle of Jonesborough, Ga; and colonel of the 23d infantry July 28, 1866. He came to the Pacific coast as com- mander of the department of Alaska, and was afterwards assigned to the de- partment of Oregon. Hamersly's Army Reg. for One Hundred Years, 1779-1879.
635
TRIAL OF THE MURDERERS.
mission, consisting of Colonel Elliott, captains Men- denhall, Hasbrouck, and Pollock, and Lieutenant Kingsbury. Major Curtis was appointed judge-ad- vocate. The trial began on the 5th of July. The witnesses for the prosecution were Meacham, Dyar, Eldery, Anderson, four of the Modocs who had turned state's evidence, and the interpreters. Jack made use of his witnesses only to try to fix the blame of collusion upon the Klamaths. Three of his witnesses alleged that the Klamaths assisted them, and that Allen David had sent them messages advising them to hostilities; but this, whether true or false, did not affect their case. When he came to address the com- mission, he said that he had never done anything wrong before killing General Canby. Nobody had ever said anything against him except the Klamaths. He had always taken the advice of good men in Yreka. He had never opposed the settlement of the country by white people; on the contrary, he liked to have them there. Jackson, he said, came to Lost River and began firing when he only expected a talk; and that even then he ran off without fighting. He went to the lava-beds, not intending to fight, and did not know that the settlers were killed until Hooker Jim told him. He denied that Canby's murder was concerted in his tent, accusing those whom General Davis had employed as scouts. If he could, he would have denied killing Canby, as in his last speech he did, saying it was Shacknasty Jim who killed him.
Only six of the Modocs were tried, and four were hanged, namely, Jack, Sconchin, Black Jim, and Bos- ton Charley. Jack asked for more time, and said that Scarface, who was a relative, and a worse man than he, ought to die in his stead. Sconchin made some requests concerning the care of his children, and said, although he did not wish to die, he would suppose the judge had decided rightly. Black Jim sarcastically remarked that he did not boast of his good heart, but of his valor in war. He did not try
636
THE MODOC WAR.
to drag others in, as Jack had done, he said, and spoke but little in his own defence. If it was decided that he was to die, he could die like a man. Boston Charley was coolly indifferent, and affected to despise the others for showing any feeling. "I am no half woman," he proclaimed. "I killed General Canby, assisted by Steamboat Frank and Bogus Charley.'
On the 3d of October the tragedy culminated, and the four dusky souls were sent to their happy hunting- ground, nevermore to be molested by white men.99 By an order from the war department, the remainder of the band were removed to Fort D. A. Russell in Wyoming, and subsequently to Fort McPherson in Nebraska, and lastly to the Quapaw agency in the Indian Territory; but the lava-beds, which can never be removed or changed, will ever be inseparably con- nected in men's minds with Captain Jack and the Modoes in their brave and stubborn fight for their native land and liberty-a war in some respects the most remarkable that ever occurred in the history of aboriginal extermination.
99 H. Ex. Doc., 122, 290-328, 43d cong. Ist sess .; S. F. Ca'l, Oct. 4, 1873; Red Bluff Sentinel, Oct. 11, 1873; S. F. Bulletin, Oct. 4, 13, 20, 1873.
CHAPTER XXIII.
POLITICAL. INDUSTRIAL, AND INSTITUTIONAL.
1862-1887.
REPUBLICAN LOYALTY-LEGISLATURE OF 1862-LEGAL-TENDER AND SPECIFIC CONTRACT-PUBLIC BUILDINGS-SURVEYS AND BOUNDARIES-MILITARY ROAD-SWAMP AND AGRICULTURAL LANDS-CIVIL CODE-THE NEGRO QUESTION-LATER LEGISLATION-GOVERNORS GIBBS, WOODS, GROVER, CHADWICK, THAYER, AND MOODY-MEMBERS OF CONGRESS.
ON the 9th of April, 1862, the republicans of Oregon met in convention, and adopting union principles as the test of fitness for office, nominated John R. McBride for representative to congress; Addison C. Gibbs for governor; Samuel E. May for secretary of state; E. N. Cooke, treasurer; Harvey Gordon, state printer ;1 E. D. Shattuck, S. C. judge from 4th judicial
1 Harvey Gordon was a native of Ohio, and a surveyor. He first engaged in politics in 1860, when he associated himself with the Statesman, to which he gave, though a democrat, a decidedly loyal tone. He died of consumption, at Yoncalla, a few months after his election, much regretted. Sac. Union, July 1863.
2 I have mentioned Shattuck in connection with the Pacific University. He was born in Bakersfield, Dec. 31, 1824, and received a classical education at Burlington. After graduating in 1848. he taught in various seminarics until 1851, when he began to read law, and was admitted to the bar in New York city in Nov. 1952. Thence he proceeded to Oregon in Feb. 1853, teach- ing 2 years in the Pacific University. In 1856 he was elected probate judge in Washington co., in 1857 was a member of the constitutional convention, and soon after formed a law partnership with David Logan; was a member of the legislature in 1858, and held numerous positions of honor and trust from time to time. He was elected judge in 1862, and held the office five years; was again elected judge in 1874, and held until 1878. He received a flattering vote for supreme judge and U. S. senator. In every position Shattuck has been a modest, earnest, and pure man. His home was in Portland. Repre- sentative Men of Or., 158.
W. Carey Johnson was born in Ross co., Ohio, Oct. 27, 1833, and came to Oregon with his father, Hezekiah, in 1845. After learning printing he studied law, aud was admitted to practice in 1855. He was elected prosecuting attor-
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638
POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
district; W. Carey Johnson, prosecuting attorney of the same; Joseph G. Wilson, prosecuting attorney for the 3d judicial district, Andrew J. Thayer for the 2d, and J. F. Gazley for the 4th.
The nominees of the anti-administration party were A. E. Wait, who resigned his place upon the bench to run for congressman; John F. Miller for governor; George T. Vining for secretary of state; J. B. Greer, state treasurer; A. Noltner, state printer; W. W. Page, judge from the 4th judicial district; prosecut- ing attorney of that district, W. L. McEwan.
The majority for all the principal union candidates was over 3,000, with a corresponding majority for the lesser ones.3 Gibbs was installed September 10th at the methodist church in Salem, in the presence of the legislative assembly.4 By act of June 2, 1859, the official term of the governor began on the second Monday of September 1863, and every four years thereafter. This, being the day fixed for the meeting of the legislature, did not allow time for the graceful
ney of Oregon City in 1858, city recorder in 1858, and prosecuting attorney for the 4th district in 1862. In 1865-6 he held the position of special attorney under Caleb Cushing to investigate and settle the Hudson's Bay Co.'s claims. In 1866 he was elected state senator, and in 1882 ran for U. S. senator. He resided in Oregon City, where he practised law. His wife was Josephine, daughter of J. F. Devore.
3 Gibbs' Notes on Or. Ilist., MS., 19; Tribune Almanac, 1863, 57; Or. Ar- gus, June 14, 1862; Or. Statesman, June 23, 1863.
4 House: Jackson, Lindsey Applegate, S. D. Van Dyke; Josephine, J. D. Fay; Douglas, R. Mallory, James Watson; Umpqna, W. H. Wilson; Coos and Curry, Archibald Stevenson; Lane, V. S. McClure, A. A. Hemenway, M. Wilkins; Benton, A. M. Witham, C. P. Blair; Linn, H. M. Brown, John Smith, Wm M. McCoy, A. A. McCally; Marion, I. R. Moores, Joseph Engle, C. A. Reed, John Minto; Polk, B. Simpson, G. W. Richardson; Yamhill, Joel Palmer, John Cummins; Washington, Ralph Wilcox; Washington and Columbia, E. W. Conyers; Clackamas, F. A. Collard, M. Ramsby, T. Kearns; Multnomah, A. J. Dufur, P. Wasserman; Clatsop and Tillamook, P. W. Gil- lette; Wasco, O. Humason; speaker, Joel Palmer; clerks, S. T. Church, Henry Cummins, Paul Crandell; sergeant-at-arms, H. B. Parker; door-keeper, Joseph Myers.
Senate: Jackson, J. Wagner; Josephine, D. S. Holton; Douglas, S. Fitz- hugh; Umpqua, C'oos, and Curry, J. W. Drew; Lane, James Monroe, C. E. Chrisman; Benton, A. G. Hovey; Linn, B. Carl, D. W. Ballard; Marion, John W. Grim, William Greenwood; Polk, William Taylor; Yamhill, John R. McBride; Clackamas and Wasco, J. K. Kelly; Multnomah, J. H. Mitchell; Washington, Co.ninbia, Clatsop, and Tillamook, W. Bowlby; president, W. Bowlby; clerks, S. A. Clarke, W. B. Daniels, Wiley Chapman; sergeant-at- arms, R. A. Barker; door-keeper, D. M. Fields,
639
OFFICIALS OF 1863.
retirement of one executive before the other came into office. Whiteaker took notice of this fault in legis- lation, by reminding the representatives, in his bien- nial message, that should it ever happen that there should not be present a quorum, or from any cause the organization of both branches of the legislature should fail to be perfected on the day fixed by law, the legislature could not count the vote for governor and declare the election, and that consequently the new governor could not be inaugurated. This, he said, would open the question as to whether the gov- ernor elect could qualify at some future day. This palpable hint was disregarded. The second Monday in September fell on the 8th, the organization was not completed until the 9th, and the inauguration followed on the 10th, no one raising a doubt of the legality of the proceedings. On the 11th, nominations were made in joint convention to elect a successor to Stark, whose senatorial term would soon expire, and Benjamin F. Harding of Marion county was chosen.5
5 The nominations made were B. F. Harding, George H. Williams, E. L. Applegate, O. Jacobs, Thos H. Pcarne, R. F. Maury, J. H. Wilbur, A. Hol- brook, H. L. Preston, W. T. Mattock, H. W. Corbett, and Jolin Whiteaker. Says Deady: 'Benjamin F. Harding, or, as we commonly call himn, Ben. Hard- ing, is about 40 years of age, and a lawyer by profession. He was born in eastern Pennsylvania, where he grew up to man's estate, when he drifted out west, and after a brief sojourn in those parts, came to Oregon in the summer of 1850, and settled near Salem, where he has ever since resided. Hc was secretary of the territory some years, and has been a member of both state and territorial legislatures. He was in the assembly that elected Nesmith and Baker, and was principal operator in the manipulations that produced that result. He is descended from good old federal ancestors, and of course is down on this rebellion and the next one on general principles. Following the example of his household, he grew up a whig, but entering the political field first in Oregon, where at that time democracy was much in vogue, he took that side, and stuck to it moderately until the general dissolution in 1860. He left the state just before the presidential election, and did not vote. If he had, although rated as a Douglas democrat, the probability is he would have voted for Lincoln. He is devoid of all ostentation or special accom- plishment, but has a big head, full of hard common sense, and much of the rare gift of keeping cool and holding his tongue. He is of excellent habits, is thrifty, industrious, and never forgets No. 1. In allusion to his reputed power of underground scheming and management among his cronies, he has long been known as "Subterranean Ben."' Thomas H. Pearne, one of the as- pirants for the senatorial position, preacher, and editor of the Pacific Chris- tian Advocate, had, as could be expected, a large following of the methodist church, which was a power, and the friendship of Governor Gibbs, who was himself a methodist. But he had no peculiar fitness for the place, and re- ceived much ridicule from friends of Harding.
640
POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
Strong union sentiments prevailing, disloyalty to the federal government in any form was out of fash- ion. None but the loyal could draw money from the state treasury. But the most stringent test was the passage of an act compelling the acceptance of United States notes in payment of debts and taxes, as well as an act providing for the payment of the direct tax levied by act of congress in August 1861,6 amounting to over $35,000, seven eighths of the annual revenue of the state.7
The legal-tender question was one that occasioned much discussion, some important suits at law, and con- siderable disturbance of the business of the Pacific coast. The first impulse of a loyal man was to declare his willingness to take the notes of the government at par, and in Oregon many so declared themselves. The citizens of The Dalles held a meeting and pledged themselves to trade only with persons "patriotic enough to take the faith of the government at par." The treasurer of Marion county refused to receive legal-tenders at all for taxes; while Linn received them for county but rejected them for state tax; Clackamas received them for both state and county tax; and Co- lumbia at first received and then rejected them.8 The state treasurer refused to receipt for legal-tenders, which subjected the counties to a forfeiture of twenty per cent if the coin was not paid within a certain time. In 1863, when greenbacks were worth forty cents on a dollar, Jackson, Josephine, Douglas, Lane, Benton,
6 The internal revenue law took effect in August 1862. Lawrence W. Coe of The Dalles was appointed collector, and Thomas Frazier assessor. W. S. Matlock was appointed U. S. depositary for Oregon to procure U. S. revenue stamps. Or. Statesman, Aug. 11 and Nov. 3, 1862.
" According to the message of Gov. Whiteaker, there were $40,314.66 in the treasury on the 7th of Sept., 1862. To draw the entire amount due the U. S. on the levy would leave a sum insufficient to carry on the state govt, therefore $10,000 was ordered to be paid at any time when called for, and the remaining $25,000 any time after the 1st of March, 1863; and the treasurer should pay the whole amount appropriated in coin. Or. Statesman, Oct. 27, 1862.
8 S. F. Bulletin, Dec. 18, 1862; S. F. Alta, Nov. 18, 1862; Or. Argus, Dec. 6, 1862; Or. Statesman, Dec. 22, 1862; Or. Gen. Laws, 92.
641
THE GREENBACK QUESTION.
and Clatsop tendered their state tax in this currency, which the state treasurer refused to receive. These counties did not pay their taxes.
It was contended by some that the constitution of Oregon prohibited the circulation of paper money. It did, in fact, declare that the legislative assembly should not have power to establish or incorporate any: bank; and forbade any bank or company to exist in the state with the privilege of making, issuing, or' putting into circulation any notes or papers to circu- late as money. Such a conflict of opinions could not but disturb business.9
In an action between Lane county and the state of
"Place avarice and patriotism in opposition among the masses, and the latter is sure in time to give way. Throughout all, California held steadily, and loyally withal, to a metallic currency. Business was dene upon honor ; but there were these both in California and Oregon whe, if patriotic on ne other occasions, took advantage of the law to pay debts contracted at gold prices with greenbacks purchased for 40 or 90 cents on a dollar with coin. After much discussing and experimenting, Oregon finally followed the exam- ple of California. In California and Oregon no public banks had ever existed, all being owned by private individuals, being simply banks of deposit, where the proprietors loaned their own capital, and, to a certain extent, that of their depositors. They issued no bills, and hanked alone upon gold or its equivalent. They therefore refused to receive greenbacks en general de- posit; and these notes were thrown upon the market to be bought aed sold at their value estimated in gold, exactly reversing the money operations of . the east. In New York gold was purchased at a premium with greenbacks; in California and Oregen greenbacks were purchased at a discount with gold ;. in New York paper money was hankable, and gold was net offered, being withdrawn from circulation; in San Francisco and Portland geld only was. bankable, and paper money was offered in trade at current rates, and not de- sired except by these who had bills to pay in New York. In Jan. 1863 the bankers and business men of Portland met and agreed to receive legal-teu- ders at the rates current in San Francisco, as published from time to time in the daily papers of Portland by Ladd and Tilton, bankers. The merchants of Salem soon followed; then those of The Dalles. Finally the merchants published a black-list containing the names of those who paid debts in legal tenders, to be circulated among business men for their information. Or. Statesman, Jan. 5, 1863; Portland Oregonian, Aug. 30, 1864; and bills of goods were headed ' Payable in U. S. gold coin.' These methods pretected . merchants in general, but did not keep the subject out of the courts. Able arguments were advanced by leading lawyers to prove that the treasury notes were not money, as the constitution gave no authority for the issuance of any but geld and silver coin. To these arguments were opposed others, equally, able, that the government had express power to coin money, and that money might be of any material which might be deemed most fit, as the word 'money ' did not necessarily mean gold, silver, or any metal. James Lick vs William Faulkner and others, in Or. Statesman, Dec. 29, 1862. The supreme court of California held that legal-tenders were lawful money, but that it did not fellow that every kind of lawful money could be tendered in the payment of every obligation. Portland Oregonian, Aug. 30, 1864.
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