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The Infamous Black Bird Southern Oregon History, Revised


Correspondence of the Oregon Superintendency
1873
Southern Oregon-related correspondence with the Oregon Superintendency for Indian Affairs. Click here for many more government documents relating to the Modoc War of 1872 and 1873.


Copies.
Camp Near Van Bremer's Ranch
    Siskiyou Co. Cal. January 15, 1873.
General,
    I am happy to announce that after all our annoying delays we are now in better condition than I ever saw troops for a movement against hostile Indians. Within 36 hours after Lieut. Miller 1st Cavalry reached me with the howitzers, a well-selected and very efficient gun detachment were handling them, to the infinite delight of the volunteers. They would not have remained a day longer than January 6, had it not been certain that the guns were coming.
    Now our artillery pack train and howitzer details are admirably drilled; we leave for Capt. Jack's Gibraltar tomorrow morning, and a more enthusiastic, jolly set of regulars and volunteers I never had the pleasure to command.
    If the Modocs will only try to make good their boast to whip a thousand soldiers, all will be satisfied. We have our horses here under guard. They would be a constant source of anxiety in the lava beds, and might be difficult to manage.
    Our scouts and friendly Indians insist that the Modocs will fight us desperately, but I don't understand how they can think of attempting any serious resistance, though, of course, we are prepared for their fight or flight.
    Ranchmen far and near have been notified, and the volunteers will probably muster 150 all told. Lieut. Ross arrived today with 19 men. The infantry battalion will muster 95 muskets, including 17 from F Company, from Klamath. Bernard will take 100 men into the lava tomorrow from the east side. Perry, here, will take in 45 men with Spencer carbines. During our tedious delays, the entire force has been constantly drilled and practiced at targets, and they needed it.
    No effort on our part can prevent the Modocs from crawling out and scattering. We will do all we can to prevent it, and are prepared to hunt and pursue them. I hope in 48 hours to be able to send you satisfactory information.
    From Portland and Jacksonville we hear frightful rumors of Modoc depredations. No one hears such reports in the section that will really be menaced if the Modocs should scatter. I will keep you constantly advised and write by regular mails and every other opportunity.
    Enclosed please find a copy of the order under which we move to
morrow. I would not have gone into details so fully, but Green asked me to place and arrange the movements. All works well. The regulars and volunteers harmonize wonderfully.
I am, General, your obdt. [servt.]
    Frank Wheaton
        Asst.
Major General E. R. S. Canby
    Comdg. Dept. &c. &c.
        Portland, Ogn.
----
Telegram.
Copies.
Headquarters District of the Lakes
    and of the troops operating in the Modoc
        Country--Camp near Van Bremer, Cal.
            January 19th
General E. R. S. Canby
    Comdg. Department of the Columbia
        Portland, Oregon
General:
    We attacked the Modocs on the (17) seventeenth with about (400) four hundred good men, two hundred and twenty-five (225) of them regulars. We fought the Indians through the lava beds to their stronghold, which is in the center of miles of rocky fissures, caves, crevices, gorges and ravines, some of them one hundred (100) feet deep.
    In the opinion of any experienced officer of regulars or volunteers, one thousand men would be required to dislodge them from their almost impregnable position, and it must be done deliberately, with a free use of mortar batteries. The Modocs were scarcely exposed at all to our persistent attacks; they left one ledge to gain another equally secure. One of our men was wounded twice during the day, but he did not see an Indian at all, though we were under fire from eight a.m. until dark. No troops could have fought better than all did in the attack, advancing promptly and cheerfully against an unseen enemy, over the roughest rock country imaginable. It was utterly impossible to accomplish more than to make a forced reconnaissance developing the Modoc strength and position. It is estimated that 150, one hundred and fifty, Indians opposed us. The Pit River Indians are believed to be with them.
    The troops have been withdrawn to their camps. The volunteers will probably go out of service very soon. We will use our force to endeavor to cut off raiding Modocs and operate against them in every way possible until reinforcements arrive. Our loss in killed and wounded is about forty (40), among them two officers, Brevet Col. David Perry, Troop F, First Cavalry, painfully wounded in left shoulder; Lieut. John G. Kyle, First Cavalry, Troop "G," wounded in left arm, not seriously.
    Please send me three hundred (300) foot troops at the earliest date. If they come from San Francisco, they can reach me, via Shasta Valley, at any time; the road is always open.
    We are indebted to General John E. Ross for the gallant cooperation of the Oregon volunteers. Capt. J. A. Fairchild brought twenty-eight 28 brave California volunteer riflemen, who joined us in time to participate in the attack. I am obliged to move this temporary depot back to a more central location on Lost River.
    Can the Governor of California send volunteers to protect this threatened portion of his state, which is open to Modoc raids?
I am, General,
    Very respectfully
        Your obedient servant
            Frank Wheaton
                Brevet Major General U.S.A.
                    Lt. Colonel 21st Infantry
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1090-1100.



Business before Congress and the Executive Departments promptly attended to
GEO. WM. McLELLAN,
(Late Assistant Postmaster General)
Office, 517 Seventh St.                                                P.O. Lock Box 83
   

Washington, D.C. Jany. 15 1873
To the Commissioner
    of Indian Affairs
        Sir:
            I enclose the affidavits of John B. P. Piette and Louis Bergrim in support of the claim of Joseph Rockburn for services as interpreter for Ben. Wright, Indian agent for the Rogue River Indians in 1857*. If allowable I shall be pleased to know the status of this claim in your office.
Very respectfully
    Geo. Wm. McLellan
        Attorney
   
State of Oregon              )
County of Multnomah    )  ss.
    That Joseph Rockburn was employed by Ben Wright, Ind. Agent for Rogue River Indians, as interpreter on or about the 21st day of February 1857, that about that time Ben Wright aforesaid was killed by the Indians.
John B. P. Piette
Louis Bergrim
Subscribed and sworn to before me this 2nd January 1873.
C. M. Carter
    Notary Public
        for Oregon
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 199-201.  "1857" should read "1856."



State of Oregon        )
County of Marion    )  ss.
    Louis Dompierre and Adolphe Jetta, being each first duly sworn, deposes and says that Joseph Rockburn was employed by Ben Wright, Indian agent for Rogue River Indians, as Indian interpreter for the Rogue River Indians on or about the 21st day of February 1857*; that on or about the 22nd day of Febry. 1857 said Ben Wright, Ind. agt., was killed by the Indians, and said Joseph Rockburn was taken prisoner by said Rogue River Indians and kept as prisoner for about five months, that is, he was taken prisoner on 22nd Feb. 1857 and kept prisoner until 22nd of July 1857; that he knows this fact because he was connected with the Indian tribe. He had married an Indian woman belonging to the Rogue River Indians at that time and his wife (that is, wife of Adolf Jetta) was among the Indians at the time said Joseph Rockburn was taken prisoner, and in charge of the hostile Indians; that said Rockburn would not have been prisoner had he not been in the service to the Ind. agt.
           his
Louis  X  Dompierre
          mark
Witness mark:
    J. D. Soeur
    A. Bloom
Subscribed and sworn to before me this 19th day of November 1872 by Louis Dompierre
D. H. Murphy
    County Clerk
   
Washington, D.C.
    Jany. 16, 1873--
To the Commissioner
    of Indian Affairs
        Sir,
            In the matter of Joseph Rockburn's claim for services as interpreter for Ben Wright, agent for the Rogue River Indians, in 1857. I have now to add to the testimony, before submitted to you, the affidavit of Louis Dompierre in support of this claim.
Respectfully yours
    Geo. Wm. McLellan
        Attorney
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 202-205.  "1857" should read "1856."


The Siletz Indians.
    The following from the Statesman, in regard to the affairs at the Siletz Agency, will be read with interest:
    In a conversation with General Palmer a day or two since, we learned several interesting particulars concerning the domestic affairs and management of the Indians, which exhibit something of the general line of reform attempted among them. Gen. Palmer has organized a sort of
JUDICIAL SYSTEM
among the Indians, by which they are enabled and encouraged to settle their own differences. For some time he has held weekly councils with the headmen of the tribes for the purpose of establishing a code of procedure and determining more definitely what practices among the Indians shall be held lawful or unlawful. Among other things agreed upon as unlawful is the practice of putting away wives at pleasure and taking new ones. The other day an offense of this kind was tried by the Indian court, and the offender, being found guilty, was sentenced to pay a fine of $40 and to put away his new wife and take back the old one.
THE INDIAN COURT
consists of five chiefs elected by the Indians. Proceedings before it are commenced by a complaint to the agent who judges whether it is of sufficient importance to be worth a trial. If so, he convenes the court, presides at the opening, lays the case before them, and then leaves them to try it, taking care that the proceedings are orderly and regular. The agent reserves the right to set aside a verdict. There is also a court of appeals, consisting of seven chiefs or headmen drawn by lot from the whole number. Parties aggrieved by the judgment of the court below have the right to take the matter before this court of appeals in cases where the agent declines to set aside a verdict. The Indians have a sheriff who executes the orders of these courts. General Palmer says the Indians are greatly pleased with the judicial system, and he finds that by its adoption his authority is greatly supported by the most influential men of the several tribes; all controversies are settled more entirely to the satisfaction of all the parties concerned. Proceedings in the courts are generally conducted with gravity and decorum.
Albany Register, Albany, Oregon, January 24, 1873, page 4



Office Supt. Indian Affairs
    Salem, Oregon, Jan. 27, 1873
Sir
    As you have doubtless heard of the newspaper reports of Indian depredations and hostilities at and near Siletz Agency, and as so many extravagant publications have been made, I deem it proper to give you the facts.
    On the 14th inst. I was in Portland, and at five o'clock p.m. I received from Mr. Earhart, clerk in this office, a telegram to the effect that D. Carlisle had just arrived with a petition from the settlers in the vicinity of Siletz Agency representing that the Indians had burned the house of E. N. Sawtell, that great excitement prevailed, that the people were forted up and called, through me, for troops to protect them.
    I started the next morning at 8 o'clock direct for the Agency, and arrived there on the 17th. I immediately notified all the Indians to meet me, and early in the morning of the 18th they congregated en masse at the Agency. They were considerably excited and somewhat frightened at what they considered hostile demonstrations on the part of the settlers, who had built fortifications and forted up. They believed that the whites intended to attack and drive them from the reservation. We talked together several hours. I soon succeeded in dispelling all their fears, and they satisfied me fully and beyond any doubt that they entertained not the slightest intention of harming anyone in either person or property. There was no evidence that the house had been burned by Indians. If it was it was a fortunate selection, because it was insured for its full value, and I could hear of no other house in that part of the country upon which there was any insurance. The people were generally greatly excited, and though the Indians were never more quiet, I thought it best, in order to quiet the fears of the whites, to have them give up their guns and pistols, which they did, willingly. The settlers came out of their forts and are now pursuing their usual avocations.
    The very sensible arguments the Indians used could not have failed to convince any reasonable person that they are peaceably disposed. Their speeches were all substantially the same. They referred to the facts that nearly all their men capable of bearing arms are under thirty years of age, that they had been on the reservation seventeen years, that they were boys when brought there; they knew no other home, had but little knowledge of any other country, were unskilled in the arts of war, and had been too long engaged in the industrial pursuits of civilized life to live and fight as their ancestors had done many years ago. Some of them in their speeches referred to the healthy condition of their people many years ago, but coming in contact with the whites had entailed upon them diseases which were taking them away at a rapid rate; they called attention to their unhealthy appearance, to the few children they have compared with the number of adults (there being less than one to each grown woman), to the many who were then confined to their beds, and to the fact that nearly two-thirds of their people had died since they came upon the reservation, as evidence conclusive to their minds that but few more years would elapse before they would all be gone, and that the white people could then take possession of their lands without having to kill them or drive them away. What little time they had to live they wished to pass in peace and where they were, and appealed to me to write to you and urge that their lands be allotted to them in severalty without delay, which, when done, they would regard as an assurance that they would be permitted to remain where they are. There was so much truth in what they said that it was truly affecting to hear them talk of the ultimate extinction of their race.
    It is perhaps not inappropriate to here remark that of all the Indians within this Superintendency, none have been so sadly neglected as these. Brought to the reservation as prisoners of war, they have been thus held for seventeen years. Treaties have been made but never ratified. For several years the only assistance given them has been the small amount which could be spared from the general incidental fund. During the first four or five years, the appropriations were much more liberal, but the agent, Robert Metcalfe, received about all the benefits that could be derived from them and took away with him some sixty thousand dollars of the amount in 1861 when he went to join the rebel army in Texas.
    I do hope and trust that you may do them the justice to order their lands allotted, that they may spend the remainder of their days free from the fear of being dispossessed, and further that you will insist upon an appropriation sufficient to enable them to have saw and grist mills erected, so that they may live in comfortable houses, instead of the dark, dirty, unhealthy huts which they are now compelled to occupy, and so that they may convert their grain into flour. White men would degenerate into savages if compelled to live as they do.
    Notwithstanding the ridiculous statements of interested newspaper correspondents, I can assure you that their Indians will commit no depredations. If white men would cease to meddle with Indians, there would seldom be any trouble with them.
Very respectfully
    Your obt. servt.
        T. B. Odeneal
            Supt. Indian Affairs
Hon. F. A. Walker
    Commissioner &c.
        Washington
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 458-464.




Department of the Interior
    Washington, D.C.
        Jany. 29th 1873
The Acting Commissioner
    of Indian Affairs
        Sir,
            Referring to the difficulties that have arisen and still continue to exist between the troops of the United States and the Modoc Indians, in Oregon, I have to inform you that I have determined to send a commission to the scene of the difficulty for the purpose of examining into the same.
    This commission will consist of three members, whose names will be hereafter furnished to you. It will be required to proceed to the Modoc country as rapidly as possible, and before entering upon the active discharge of its duties will confer with General Canby, of the United States army, and in all subsequent proceedings of the commission it should confer freely with that officer and act under his advice, as far as it may be possible to do so, and always with his cooperation.
    The objects to be attained by this commission are these: first, to ascertain the causes which have led to the difficulties and hostilities between the troops and the Modocs; and secondly, to devise the most effective and judicious measures for preventing the continuance of these hostilities and for the restoration of peace.
    It is the opinion of the Department, from the best information in its possession, that it is advisable to remove the Modoc Indians, with their consent, to some new reservation, and it is believed that the Coast Reservation in Oregon, lying between Cape Lookout, on the north, and Cape Perpetua, on the south, and bounded on the east by the Coast Range of mountains and on the west by the Pacific Ocean, will be found to furnish the best location for these Indians. The commission will, therefore, be directed to make an amicable arrangement for locating the Indians on some portion of this reservation, provided it is possible for it to do so, and provided that said commission is not of opinion, after fully investigating the case, that some other place is better adapted to accomplishing the purpose of the Department; in either of which events the commission will, before finally concluding an arrangement with the Indians, hold communication with the Commissioner of Indian Affairs, and receive further advice.
    The commission will in no wise attempt to direct the military authorities in reference to their movements. It will be at liberty, however, to inform the commanding officer of the wish of the Department that no more force or violence be used than, in his opinion, shall be deemed absolutely necessary and proper, it being the desire of the Department, in this as well as in all other cases of like character, to conduct its communications with the Indians in such a manner as to secure peace and obtain their confidence, if possible, and their voluntary consent to a compliance with such regulations as may be deemed necessary for their present and future welfare.
    The commission will be directed to keep the Department advised as frequently as possible of its progress, until the work which is assigned to it shall be accomplished, or its future progress proven to be unnecessary.
Very respectfully
    C. Delano
        Secretary
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 7-13.



Department of the Interior
    Washington, D.C.
        Jany. 31st 1873
The Acting Commissioner
    of Indian Affairs
        Sir,
            Referring to my letter to you of the 29th instant, in relation to the affairs of the Modoc Indians, I have to inform you that A. B. Meacham, Esqr., Supt. T. B. Odeneal and Agent J. H. Wilbur have been selected by the Department to constitute the commission which I desire to send to the Modoc country for the purpose of examining into and reporting upon the causes of the existing difficulties, with a view to the peaceable solution of the same.
    For their services in the discharge of the duties devolving upon them, Mr. Meacham will be allowed compensation at the rate of ten dollars per day and his actual expenses, and Supt. Odeneal and Agent Wilbur will be allowed their actual expenses.
    Agent J. H. Wilbur will assume exclusive charge of the accounts and details connected with the expenses of the commission.
    You are respectfully directed to notify the parties of their appointment and prepare the necessary instructions for their guidance, which shall be in conformity with my letter to you, already referred to, and which you will be pleased to submit to the Department for approval. A copy of these instructions, after being approved, will be furnished to each member of the commission for his information.
Very respectfully
    Your obt. servant
        C. Delano
            Secretary
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 14-17.



Forty-Second Congress.
Third Session.
CONGRESS OF THE UNITED STATES
In the House of Representatives.
   

February 3rd 1873
On motion of Mr. Shanks,
Resolved, that the Secretary of the Interior be, and he is hereby, instructed to inform the House at his earliest convenience of the cause of the present difficulties with the Modoc Indians.
Attest,
    Edw. McPherson
        Clerk
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 206-207.



Grant Co., Ogn.
    February the 3rd 1873
Hon. Geo. H. Williams
    Dear Sir I beg leave to trespass on your time for a very short time. I will come to the point at once. You doubtless know of the war now going on with the Modocs. What I have to say is this. There is little doubt if this war lasts two months longer that all the Snakes will join in the conflict. There are now at Camp Harney only troops enough to guard the government property, say, forty effective men. There are estimated to be three hundred Indian braves immediately around Camp Harney. These Snakes are wild Indians, have positively refused their agent to go on any reservation. They are very vicious and warlike. You recollect doubtless that no officer ever gained any advantages over them for years of war until General Crook took command. There are nominally two companies of men stationed at Camp Harney. These companies have dwindled down to thirty-five to forty men to the company.
    Thirty-five of these men are now with the troops around Capt. Jack's camp. Now you can see what will happen in case the Snakes break out. The few troops we have will be powerless to protect the defenseless settlers in all the Snake country. The Indians will destroy vast herds of stock in every direction. They will not lack for provisions, for they will subsist on the vast herds of the stock in their own country. I hope you will be so kind as to lay this matter before the proper authorities, and the President. It may save the lives of many women & children if this matter is attended to at once. It would be well to force these Indians onto reservations, and made to stay there, and then when they left the reservation people would know that there was something wrong and be on their guard. But now they roam at will where they like, and people have no apprehension of danger until it is too late.
Very respectfully yours
    Wm. Luce
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 775-779.



Copy.
Telegram.
Portland, Oregon, Feb. 4th 1873.
To Asst. Adjt. Gen.
    H.Q. of the Army
        Wash. D.C.
Reports from the Modoc country are to the evening of the first inst. under instructions of Jan. thirteenth offensive operations had been suspended and troops so disposed as to protect the inhabitants. In late operations eight Modocs have been killed and many wounded and nearly all their ponies captured. They seem disposed to make peace and have sent messages to that effect, but no other communication has yet taken place. Col. Gillem probably reached Tule Lake yesterday.
E. R. S. Canby
    B. G. Comdg.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1085-1089.



Department of the Interior
    Washington, D.C.
        Febry. 5th 1873
The Acting Commissioner
    of Indian Affairs
        Sir,
            Referring to my communication to you of the 31st ultimo, designating A. B. Meacham, Esq., T. B. Odeneal, Supt. of Indian Affairs, and Agent J. H. Wilbur as a commission to treat with the Modoc Indians in reference to existing difficulties between them and the military authorities, I have to inform you that the appointment of said commissioners is hereby modified as follows: for J. H. Wilbur and T. B. Odeneal substitute Samuel Case, sub-agent at Alsea, and Jesse Applegate of Yoncalla, Oregon.
    The compensation of Mr. Applegate will be ten dollars ($10) per day and actual expenses, and Agent Case will be paid his actual expenses.
    You will be pleased to notify the parties designated of their appointment without delay.
Very respectfully
    Your obt. servant
        C. Delano
            Secretary
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 18-20.



Department of the Interior
    Washington, D.C.
        Febry. 5th 1873
The Acting Commissioner
    of Indian Affairs
        Sir,
            The draft of the instructions proposed to be issued for the guidance of the commission appointed to visit the Modoc Indians in Oregon, which were enclosed to the Department with your letter of the 1st instant, is hereby approved and returned.
Very respectfully
    Your obt. servant
        C. Delano
            Secretary
   
Department of the Interior
    Office of Indian Affairs
        Washington D.C. Feby. 5th 1873
Sir:
    Having been appointed, by the Hon. Secretary of the Interior, a special commissioner on behalf of this Department, to be associated with T. B. Odeneal, Supt. of Indian Affairs for Oregon, and J. H. Wilbur Esq. Jesse Applegate, Esq., Yoncalla, Oregon, and Samuel Case, Esq., U.S. Indian agent for the Yakima Alsea Sub-Agency in Washington Territory said state, for the purpose of proceeding to the scene of the troubles with the Modoc Indians in the state of Oregon, the following detailed instructions are given for your guidance.
    The commission will arrange to meet without delay at the military headquarters of the Department of the Columbia, Portland, Oregon, and, before entering upon the active discharge of its duties, will confer with General E. R. S. Canby, and for this purpose will arrange to meet him at the most available point, and for this purpose Yreka or Jacksonville as might achieve the most convenience. It is suggested that Linkville be selected as the place of meeting. The commission will also confer in subsequent proceedings with Gen. Canby and will act under his advice, as far as possible, and always with his cooperation.
    The objects to be attained by the commission are these: first, to ascertain the causes which have led to the difficulties and hostilities between the United States troops and the Modocs, and secondly to devise the most effective and judicious measures for preventing the continuance of these hostilities and for the restoration of peace.
    It is the opinion of this Department, from the best information in its possession, that it is advisable to remove the Modoc Indians, with their consent, to some new reservation, and it is believed that the Coast Reservation in Oregon, lying between Cape Lookout, on the north, and Cape Perpetua, on the south, and bounded on the east by the Coast Range of mountains and on the west by the Pacific Ocean, will be found to furnish the best location for these Indians. The commission will, therefore, endeavor to effect an amicable arrangement in locating these Indians on some portion of this reservation, provided it is possible for it to do so, and provided that the commission is not of opinion, after fully investigating the case, that some other place is better adapted to accomplishing the purpose of the Department, in either of which events the commission will before finally concluding an arrangement with the Indians hold communication with this office and receive further advice.
    The commission will in no wise attempt to direct the military authorities in reference to their movements. It will be at liberty, however, to inform the commanding officer of the wish of the Department that no more force or violence be used than, in his opinion, shall be deemed absolutely necessary and proper, it being the desire of the Department in this, as well as in all other cases of like character, to conduct its communications with the Indians in such a manner as to secure peace and obtain their confidence, if possible, and their voluntary consent to a compliance with such regulations as may be deemed necessary for their present and future welfare.
    By the 2nd article of the treaty concluded with the Klamath and Modoc tribes of Indians, October 13th 1864 (Stats. at Large, vol. 16, p. 707), the following tract of country was set apart as a reservation for said Indians, viz: "Beginning upon the eastern shore of the Middle Klamath Lake, at a point of rocks, about twelve miles below the mouth of Williamson's River, thence following up said eastern shore to the mouth of Wood River, thence up Wood River to a point one mile north of the bridge at Fort Klamath, thence due east to the summit of the ridge which divides the Upper and Middle Klamath Lakes, thence along said ridge to a point due east of the north end of the upper lake, thence due east, passing the said north end of the upper lake, to the summit of the mountains on the east side of the lake, thence along said mountains to a point where Sprague's River is intersected by the Ish-tish-ea-wax Creek, thence in a southerly direction to the summit of the mountains, the extremity of which forms the Point of Rocks, thence along said mountains to the place of beginning." And it was stipulated by the same article that "the tribes aforesaid agree and bind themselves that immediately after the ratification of this treaty they will remove to said reservation and remain thereon, unless temporary leave of absence be permitted them by the Superintendent or agent having charge of the tribes."
    The Modocs, however, or that portion of them not now on the reservation, have refused to locate thereon on account of the Klamaths, with whom they are not on terms of amity.
    Instructions were given to Supt. Odeneal, under date of the 12th of April last, to have the Modocs' removal, if practicable, to the said reservation, and to protect them from the Klamaths, but that if they could not be removed or kept on the reservation, to select and report the boundaries of a new reserve for them. It is presumed that the attempt to permanently locate these Indians has had the effect to dissatisfy them in some degree, but of this fact the commission will be enabled to judge in the course of its investigations.
    The commission will keep the Department advised as frequently as possible of its progress, until the work which is assigned to it shall be accomplished, or its further progress proven to be unnecessary, when a final report will be submitted to this office.
Very respectfully
    Your obt. servant
        H. R. Clum
            Acting Commissioner
Hon. A. B. Meacham Esq.
    Chairman Commission
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 21-.27.



Washington City D.C.
    Feb. 6th 1873
Hon. H. R. Clum
    Acting Commissioner                        Sir,
        I have the honor of acknowledging receipt of letter 5th inst. appointing me as commissioner to Modoc Indians and hereby signify my acceptance of said appointment.
Very respectfully
    Your obt. svt.
        A. B. Meacham
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 209-210.



War Department
    Washington City
        February 7th 1873.
To the Honorable
    The Secretary of the Interior
Sir:
    I have the honor to transmit for your information copies of the letters of the commanding officers of the Department of the Columbia of the 15th ultimo, and the District of the Lakes &c. of the 26th December 1872, in relation to the affairs in the Modoc country, and the cause of the present troubles with those Indians.
Very respectfully, your obedient servant
    Wm. W. Belknap
        Secretary of State
----
Copies.
Headquarters Department of the Columbia
    Portland, Oregon, January 15, 1873.
Assistant Adjutant General
    Headquarters Division of the Pacific
        San Francisco, Cal.
Sir:
    I have the honor to transmit a copy of report from the commanding officer of the District of the Lakes in relation to affairs in the Modoc country, and to the immediate cause of the present troubles with those Indians.
    A grave mistake was no doubt committed in attempting their removal before a sufficient force had been collected to secure that result beyond the probability of failure, but I think it is just to give, in reference to the concluding part of Lieut. Colonel Wheaton's report, the statement made to me in conversation by the Superintendent after his return from the Modoc country.
    On his arrival at Linkville he notified Colonel Wheaton, in accordance with previous arrangements with me, of his presence at that place, and the purpose for which he had come. See letter of November 25, copy forwarded December 21, 1872.
    The information derived from the officers of the Indian Department, employed in that part of the country, and from residents familiar with the circumstances, satisfied him that the Modocs were under evil influences from the unauthorized and illegal interference of interested parties (whites) who had counseled them to resist removal. The refusal of the Modoc leaders to meet him was conclusive to his judgment that evil counsel had prevailed, and that extended hostilities could only be prevented by the prompt application of force, and before the leaders could have time to concoct measures of resistance, or bring other Indians to their aid. From the same source of information, as to the number and disposition of the Indians with Captain Jack, he was satisfied that the camp could be surprised, and the leaders arrested, and that this accomplished, the matter would be ended without further trouble. From this conviction he made the suggestion contained in his letter of November 27, 1872, forwarded December 10, 1872, upon which Major Green acted. If the state of facts which existed at the time this suggestion was made had continued without change, the attempt no doubt would have succeeded, but in the meantime the Modoc leaders were not idle, and had gathered in all their people that could be reached, and when the troops arrived were in greatly superior force.
    The original arrangement should have been carried out. The question as to the time and manner of applying force rested in the discretion of the military commander, to whom it had been committed, and while I think that Major Green was in error upon this point, I do not think that either he or the Superintendent should be judged wholly by the result. If the measures had succeeded, the conception and the execution would probably have been as highly commended as they are now censured.
Very respectfully
    Your obedient servant
        Ed. R. S. Canby
            Brigadier General
                Commanding
----
Headquarters District of the Lakes, and of the troops
    operating in the Modoc country
        Camp near Crawley's Ranch, Lost River
            December 26, 1872.
General:
    Your dispatch of the 19th of December was received here by me yesterday. I reached this camp after a tedious journey in very severe weather over the mountain trail from Warner and found the position of the troops as follows: Col. Green with Jackson's Troop "B," 1st Cav., at Crawley's ranch, a miserable shanty on Lost River, north of Tule Lake, and 20 miles south of Linkville; Perry, with his Troop "F," 1st Cavalry, at Van Bremer's ranch, where hay can be procured, west of Tule Lake on Willow Creek, a stream flowing into Klamath Lake, and about 12 miles west of the Modoc camp; Bernard's Troop "G," 1st Cavalry, at the site of Lands Breadth Ranch [sic], on east side of Modoc camp, and about 13 miles from it. From Bernard's camp to the Modoc stronghold the trail is entirely through broken lava beds, a pedregal. From Perry's camp the Modoc camp can be approached to within 3 miles before this pedregal becomes difficult and very rough. Mason's battalion of 64 (called two companies) muskets was halted and camped here to be more readily supplied.
    Enclosed please find my 1st field order issued after my arrival here. I found an unexpected difficulty in the scarcity of ammunition at Klamath, nearly all the Spencers having been issued to citizens the day after Jackson's fight at the Modoc camp, and the supply of Sharps and Springfields utterly inadequate; some of the troops today have but 5 and 10 rounds apiece. As Bidwell was the nearest point, I have sent Col. Bernard to that point for ammunition, and it will be here as soon as possible, probably by the 2nd of January. Information received yesterday from Lt. Stone at Jacksonville assures me the section of howitzers will reach there tomorrow. If the amount of ammunition on hand had been sufficient, and warranted me in doing so, I would have ordered the attack on about the 27th December, but the howitzers and ammunition for small arms will reach us at about the same time, and we will be prepared to make short work of this impudent and enterprising savage. I feel confident the guns will astonish and terrify them, and perhaps save much close skirmishing and loss of life.
    The day before the fight I shall move up with the troops on the west side to a point 3 miles from the Modoc stronghold and camp; at daylight next day we will skirmish into the lava beds, and close on the Modoc cave or fortification, differently named and described, while the troops on the east side close on the Indians simultaneously from the opposite direction.
    Major Jackson's "B" Troop is now with Bernard's, at Land's Burnt Ranch [sic], and for the following reason: On the afternoon of the 22nd, as Bernard's wagon, returning to him from Bidwell, was within a mile of his camp, it was driven into an ambuscade and was attacked by about 65 Modocs. Lt. Kyle immediately rushed out of Bernard's camp with nearly all the troop, only 10 mounted, and succeeded in saving the team and its valuable contents. One soldier, 5 horses and one mule were killed at the first fire. The Indians continued a skirmish fight with Bernard until dark, one other soldier being killed, no other casualties occurring. They were easily driven from one strong rocky ledge to another, and have not been seen or heard from since. Bernard thinks they were astonished at the range of our pieces, and after the first few shots they did not approach within 500 yards of his camp. A bugler, though pursued by the Modocs, who were mostly mounted, succeeded in reaching this point, and Jackson's troop was at once dispatched to Bernard's aid, reaching him at about 11 p.m., the Modocs having retreated some time before.
    The camps as now arranged cover the country well, and prevent any large party of Modocs from depredating.
    I do not think the citizens are in danger, unless the Modocs crawl off south through the lava beds on our approach; we hope to make short work of them very soon after our ammunition comes up. If they do escape, they have no good place to put their families in, and though some Pit River Indians are reported to have joined them, I am confident of soon clearing them out of that country.
    I don't think more than one hundred fighting Indians are with Captain Jack, and I propose to stick to the Modoc band until you are satisfied with the results accomplished.
    In my opinion, if Indian Superintendent Odeneal had exercised a little more judgment and discretion in selecting his agents to deal with the Modocs, he never saw them himself, and instead of urging and insisting on Green's attacking them at once, had notified me of their refusal to come in at Ivan Applegate's request, all these horrid massacres would have been prevented, and great expense avoided. At the first information of Modoc Jack's refusal to obey Mr. Odeneal's orders, I could have had Bernard's troop from Bidwell and Perry's from Warner here and, joined to Jackson's from Klamath, would have had a force on hand. Capt. "Jack" would never have dreamed of opposing, but Mr. Ivan Applegate was sent by Odeneal to Klamath to insist on an immediate movement of Jackson's troop on the Modocs, and the result was a fight before I was advised that the Modocs refused to come to the reservation, Mr. Ivan Applegate insisting that 30 men would be ample force, as the Modocs would not think of fighting at all.
I am, General,
    Very respectfully, your obdt. servant
        Frank Wheaton
            Lt. Col. 21st Infty., Bvt. Maj. Genl.
                Commanding District of the Lakes
Major General
    E. R. S. Canby
        Commanding Department of the Columbia
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1059-1068.



State of Oregon
    Executive Office
        Salem, Feb. 10, 1873
To the commissioners appointed to conclude peace
    with the Modoc Indians
        Gentlemen:
            As the state of Oregon is deeply interested in the results of the pending Indian Peace Commission, I desire to express to you a few suggestions bearing upon the subject about to engage your attention.
    From official reports made to me, and from other reliable information, it appears conclusively established that the massacre of eighteen citizens of Oregon on the twenty-ninth and thirtieth of November last was committed without provocation and without notice, cutting and shooting men down in cold blood at their homes and in their fields, one by one as they were found, by Indians who had not been attacked by the soldiery, nor otherwise molested, and who could speak our language and were personally acquainted with their victims. The homes and farms of the slaughtered settlers were upon lands to which the Indian title had long since been extinguished by treaty. These acts I hold to be deliberate and willful murder. Over such offenses I conceive the civil authorities of this state constitute the only competent and final tribunal. I desire, therefore, to protest on behalf of the state of Oregon against any action of the commission which shall purport to condone the crimes of the Modocs or compound their felonies.
    The people of Oregon desire that the murderers shall be given up and be delivered over to the civil authorities for trial and punishment.
    As to the land on Lost River, which some have suggested should be surrendered to the Modocs as a peace offering, allow me to say that these lands lie wholly within the state of Oregon, and within the jurisdiction of the Superintendent of Indian Affairs for Oregon, that the Indian title to these lands was extinguished by treaty fairly made through the Oregon Superintendency between the Modocs and the general government on the 14th day of October 1864. They have been surveyed under the direction of the Surveyor General of Oregon, and the surveys were long since approved by the General Land Office. These lands have been extensively taken and are now occupied by bona fide settlers under the homestead and preemption laws of the United States. The commission will therefore have no more power to declare a reservation on Lost River including these settlements, to make the same a basis of peace with these Indians, than they have to provide for their establishment upon any other settled portion of this state.
    For the interests of Southern Oregon and for the future peace of our southern frontier, I will express the hope and confidence that the project of a reservation on Lost River will not be entertained by the commission, and that the Modocs will either consent to return to their own reservation or to be assigned to bounds beyond the settlements.
    With great respect, I am your obedient servant,
L. F. Grover
    Governor of Oregon
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1105-1108.


Downman & Weaver
Attorneys and Agents for Claimants
UNDER THE ACT OF THIRD MARCH, 1871.
POST OFFICE ADDRESS, BOX 501.
Washington, D.C., 13 February 1873
To the Commr. of Indian Affairs.
    Washington, D.C.
        Sir,
            As the attorneys for Mrs. Margaret Wittschen (formerly the wife of Thomas King, deceased) of Benton County, Oregon, we have the honor to transmit herewith a power of attorney empowering us in her behalf to prosecute her claim for compensation for property formerly belonging to her husband Thomas King, which was taken by the government and included in either the "Siletz" or "Rogue River Reservation," for which we are informed in connection with other rules of a similar character the government, aided by the report of a commission, has awarded sums of money to the proprietors of the soil.
    Please advise us of the result of this application at your earliest convenience.
Very respectfully yours
    Downman & Weaver
        Attys.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 850-851.



THE MODOCS AND THE PEACE COMMISSION.
An Important and Pointed Protest by Gov. Grover.

(From the Oregon Herald of Feb. 11.)
    Gov. Grover on yesterday dispatched his private secretary, Mr. Gilfry, to the Klamath Lake basin, with an important and pointed communication to the Indian Peace Commission to assemble there on the 15th instant. The position taken by Governor Grover is impregnable, and should govern the commission. We commend the document to the careful perusal of our readers:
State of Oregon
    Executive Office
        Salem, February 10, 1873.
    To the commissioners appointed to conclude peace with the Modoc Indians--Gentlemen: As the state of Oregon is deeply interested in the results of the pending Indian peace commission, I desire to express to you a few suggestions bearing upon the subject about to engage attention.
    From official reports made to me, and from other reliable information, it appears conclusively established that the massacre of eighteen citizens of Oregon, on the 29th and 30th of November last, was committed without provocation, and without notice, cutting and shooting men down in cold blood at their homes and in their fields, one by one as they were found by Indians, who had not been attacked by the soldiery, nor otherwise molested, and who could speak our language and were personally acquainted with their victims. The homes and farms of the slaughtered settlers were upon lands to which the Indian title had long since been extinguished by treaty. These acts I hold to he deliberate and willful murder. Over such offenses I conceive the civil authorities of the state constitute the only competent and final tribunal. I desire therefore to protest, on behalf of the state of Oregon, against any action of the commission which shall purport to condone the crimes of the Modocs or compound their felonies.
    The people of Oregon desire that the murderers shall he given up and be delivered over to the civil authorities for trial and punishment.
    As to the land on Lost River, which some have suggested should be surrendered to the Modocs as a peace offering, allow me to say that these lands lie wholly within the state of Oregon, and within the jurisdiction of the Superintendent of Indian Affairs for Oregon; that the Indian title to these lands was extinguished by treaty fairly made through the Oregon Superintendency between the Modocs and the general government, on the 14th day of October, 1864. They have been surveyed under the direction of the Surveyor-General of Oregon, and the surveys were long since approved by the General Land Office. These lands have been extensively taken and are now occupied by bona fide settlers under the homestead and preemption laws of the United States. The commission will therefore have no more power to declare a reservation on Lost River, including these settlements, to make the same a basis of peace with those Indians, than they have to provide for their establishment upon any other settled portion of this state.
    For the interests of Southern Oregon and for the future peace of our southern frontier, I will express the hope and confidence that the project of a reservation on Lost River will not be entertained by the commission, and that the Modocs will either consent to return to their own reservation or to be assigned to bounds beyond the settlements.
    With great respect, I am your obedient servant,
L. G. GROVER
    Governor of Oregon.
Oregon Sentinel, Jacksonville, February 15, 1873, page 2



THE WESTERN UNION TELEGRAPH COMPANY.
Yreka Cal. Feby. 16 1873
    8:15 a.m.
Commissioner Indian Affairs
    Washington
Genl. Canby, Applegate and Case at headquarters near Modocs. I will be there tomorrow. Governor Grover files with commissioners protest against any terms but surrender of Indians to authorities. Grand jury of Jackson County, Oregon have found bills of indictment against Modocs. A conflict of authority seems inevitable. People indignated [sic] at any other place than Governor Grover demands.
A. B. Meacham
    Commissioner
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 211-213.



Yreka Cal. Feb. 16th 1873
Commissioner Ind. Affrs.
    Washington D.C.
Sir,
I have the honor of reporting my arrival at this place. Telegraphed you this p.m. Will proceed to headquarters tomorrow. From telegram you will learn something of the coming difficulties. Things look very much mixed. Everything heard since my arrival has been discouraging. Evil prophecy. I am sanguine of success unless state authorities interfere. Enclosed find protest by Gov. Grover. Will keep you informed of progress and events.
Very respectfully
    Your obt. svt.
        A. B. Meacham
            Commissioner
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 218-219.



An open letter to Gov. Grover.
Linkville, Feb. 16th 1873.
To his excellency, etc.
    Your communication of the 10th inst. addressed "to the commissioners to conclude peace with the Modoc Indians" was handed to Mr. Case and myself yesterday--and as we are not a board of commissioners at this time we can only receive and hold your paper until such a board as you address is convened, and then lay it before it, which we propose to do.
    It is therefore as an individual, not as a member of a board, that I address you, and for what I here say I am myself solely responsible. Without reference to the contents of your letter to which will hereafter refer, I think you have shown undue haste in sending it, if indeed you should officially address at all a board so constituted as the one of which you suppose us to be members.
    The Modoc war is and has been exclusively under the direction of the United States. Though beginning in Oregon, it is now removed to the state of California, and the citizens of both states must suffer equally by its continuance, and derive equal benefit from its speedy and successful close. It is rumored that the commission would (and as yet we have nothing more definite) be constituted of citizens of both states, but whether this be true or not it is to be hoped, whoever it may be that constitutes it, that in carrying out the duties imposed upon it that the interests of the people most concerned will be cared for no matter on which side [of] the state line they may reside. The power which created this commission is the one to which the citizens of both Cal. and Oregon look for protection and redress. It is now at a heavy expense in extending to them protection, and if ever the losses or sufferings of anyone injured by this unfortunate war is redressed, that redress must come from the federal government. Such being the case and the power of the commission being derived from the federal government, from it alone must the commission receive its instructions--either state having no right whatever to interfere in the matter.
    As the instructions to the commission are as yet unknown, even to its supposed members, it is unfair and unjust to the federal government to suppose, as you seem to do, that those instructions will not secure the best interests of the people concerned, and your letter does equal injustice to the personnel of the commission--those now reported as forming it, being all of them citizens of Oregon, two of them experienced in Indian affairs, who have gained honor to themselves for faithful public service--have given you no reason to infer that they contemplate, under any circumstances, to do wrong or injury to their native state.
    While your letter contains some suggestions valuable for their wisdom which will no doubt receive due attention and respect from the commission, I cannot think they will derive any additional weight from your official position. For, though the theater of war is in the states of Oregon and California, the commissioners will be the creatures of the federal government and derive all its legitimate powers therefrom. It cannot therefore obey instructions from the executive of either state that in any way militates against or is inconsistent with those of the federal government.
    Though many of the facts stated in your letter will be doubtless known to the commission, from other sources, and receive due consideration, they lose none of their importance from repetition, and should his excellency Newton Booth, Gov. of California, see proper to enlighten us with his views upon the Modoc difficulty, I hope that what he says will be courteously received and have just such weight with the commission as its wisdom may merit.
Very respectfully etc.
    Jesse Applegate
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 220-223.



Copy.
Telegram.
Executive Mansion.
    Washington D.C. Feby. 18th 1873.
To
    A. B. Meacham
        Yreka
            Cal.
Have shown your telegram of the 16th to the President. You are directed to proceed with the commission under your instructions without regard to Governor Grover's protest.
    If the authority of the United States is defied and resisted by state authorities the United States will not be responsible for results, even if the state should be left to take care of Indians without assistance from the United States.
C. Delano
    Secretary of the Interior
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 28-29.



Fairchild's Cal.
    Feb. 19th 1873.
Hon. A. B. Meacham, Ch. Peace Commission
    Dear Sir
        Owing to your non-arrival at Linkville on the 15th inst., Mr. Case and myself, having neither commissions nor instructions, were left to our own resources.
    Among other things to be met was the celebrated "protest" of Gov. Grover, which, as it had already been in print, I thought it best to reply to in "an open letter," a copy of which I herewith enclose.
    Having years ago become intimately acquainted with Gov. Grover, when I saw his private secretary at Linkville I felt at once that some cunning advantage was being sought by the inveterate enemies of the federal government. Like a President's message of the olden time, this "protest" of Gov. Grover appeared in the newspapers of Oregon before the date of its proposed delivery to the peace commission. As the Modoc imbroglio is now in the hands of the military, which must enforce an unconditional surrender of the rebellious Indians, Gov. Grover naturally concluded there would be no occasion for a peace commission, unless the government was disposed to grant the Modocs more liberal terms. By embodying public opinion in the form of a protest the Governor hopes to gain a political advantage to himself and party. Should the commission exact terms less rigorous than strict justice and public sentiment require, and he was in such hot haste to present his protest in order to forestall the action of the commission, in order to appear to have influenced it, or at least to claim for himself to have suggested or influenced its popular measures, and leave those unpopular to be borne by the administration.
    You will perceive I have been mild and courteous toward the Governor. You know, as well as I, Mr. Grover is not entitled to such treatment at your hands or mine.
Truly
    Your friend
        Jesse Applegate
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 224-225.



Headquarters Peace Commission
    Fairchild's 25 miles from Modoc camp
        [February 19, 1873]
Hon. H. R. Clum
    Acting Commissioner
        Sir,
            I have the honor to report my arrival here on yesterday, 18th inst. Found awaiting me, Hon. Jesse Applegate and Samuel Case, of peace commission, also Gen. E. R. S. Canby, of Military Dept.
    Messrs. Applegate and Case having accepted their appointment, the commission held an informal meeting at Linkville on the 15th inst. and organized with O. C. Applegate, of Yainax Station, Klamath Agency, as secretary.
    The commission have made arrangements for opening a "talk" with the Modocs by sending forward an Indian woman to notify the Modoc chiefs of the readiness of [the] commission to send a messenger to them to arrange for a council.
    There are two things that loom up now as prominent obstacles to an easily accomplished peace. First, it is the unanimous opinion of military commanders, also of citizens, that nothing short of unconditional surrender of the band who murdered the citizens of Lost River after the first fight. This band numbers 8 desperadoes. Now it is believed for good reasons that Capt. Jack, the head chief of the Modocs, took no part in that massacre, in fact deplored the butchery, and, if he dared to, would surrender the murderers, but that this band of eight control the Modocs or, at least, that Capt. Jack would lose his life if he should entertain the proposition to surrender them.
    This is the worst feature now before us in this incipient hour of our labors.
    The second great embarrassment is what springs from the same cause and made into a formidable obstacle by the universal endorsements of the people and of the Governor of Oregon, L. F. Grover, in his protest of which you were notified by telegraph, also by mail from Yreka.
    While it is true that we are acting under federal authority and responsible to your office for our action, it is nevertheless true that the voice of "the people" has, and will continue to have, weight. This is now manifest in the opinions expressed by commissioners Applegate and Case, who realize fully the great honor of their appointment and also the responsibilities attaching thereto, but will without doubt stand up fairly and squarely between Indians and whites. I think the selection of these commissioners as good as could have been made, and I doubt not we will act in harmony.
    It is also gratifying to feel that Gen. Canby is disposed to give the benefit of his counsel freely and in the kindest manner, extending the accommodation of his Dept. to forward the great object for which we labor--a peaceful and honorable adjustment of the troubles now hanging over this country.
    We are confident of the harmonious cooperation of the army.
    No communication has been had with the Modoc camp for 8 days, and it is not known whether they have intimation of the existence of the commission.
    The Military Dept. has established a line of couriers to Yreka and tendered its services to our commission.
    Allow me to suggest that Supt. Odeneal be notified that Samuel Case is only on detached duty. O. C. Applegate, secretary of [the] commission, is also on detached duty, he being commissary for Yainax.
Very respectfully
    Your obt. servt.
        A. B. Meacham
            Chairman Modoc Peace Commission
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 226-229.



Military Head Quarters
    Near Rhett Lake, Feb. 19, 1873.
Hon. H. R. Clum, Acting
    Com. Indian Affairs
        Sir,
            Your letter of the 5th inst. notifying me of my appointment as one of a commission to treat with the hostile Modoc Indians has been received.
    I accept the service--but as a successful discharge of the duty may require some time, and I am to receive a per diem compensation for my services, I prefer to render them without pay.
Very respectfully
    Your obt. servt.
        Jesse Applegate
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 780-781.



[Copy.]
Fairchild's Ranch, Cal. Feby. 20th 1873
Col. W. D. Whipple
    Washington D.C.
        I have received your telegram of the eighteenth (18th) and have seen the telegram to Mr. Meacham from the Secretary of the Interior. The commission was organized on the eighteenth (18th) and proceeded at once to business under the instructions of the Commissioner.
Ed. R. S. Canby
    Brig. Gen. Comdg.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1101-1104.



Headquarters Peace Commission
    Feb. 20th 1873.
Hon. H. R. Clum, Acting Commissioner of Indian Affs.
    Sir,
        Your telegram of 18th inst. received. In reply I have to say that we recognize the authority vested in our commission as confirmed and strengthened by your telegram.
    We dispatch our first messenger to Modoc stronghold this morning under instructions as stated in yesterday's communication, i.e., we send an Indian woman to announce our presence and desire to communicate and to arrange for a second messenger to visit Modocs to arrange place for meeting of commissioners and Modocs.
    This morning we telegraph for information in regard to a treaty claimed to have been made by and between ex-Supt. Steele of Northern California and Modoc Indians in June 1864. Of course it is not asserted that the said treaty was ever ratified or is now binding, but as a justification for Modocs resisting the authorities. We do not know that the Modocs will set up the defense but that some of the papers have given publicity to such statement. But as much time must elapse in getting communications and instructions, we propose to anticipate and be prepared for any emergency.
    The commission have invited Supt. Odeneal to headquarters.
Very respectfully
    Your obt. servt.
        A. B. Meacham
            Chairman Modoc Peace Commission
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 233-235.



THE WESTERN UNION TELEGRAPH COMPANY.
Fairchild Ranch Cal Feby 21st 1873
    11:15 a.m.
Hon. H. R. Clum
    Com. Ind. Affairs
        Washn. D.C.
Commissioner furnished with instructions to Odeneal of April 12, 1872, not with those of July sixth. Why this omission. First messengered to Modocs returned. Anxiety for peace manifested. Will arrange tomorrow for meeting. Results still uncertain. Rosborough appointment good.
A. B. Meacham
    Chairman Modoc
        Peace Commission
By courier to Yreka Cala.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 216-217.



Headquarters Peace Commission
    Fairchild's Ranch, Feb. 21st 1873.
Hon. H. R. Clum, Acting Commissioner
    Indian Affairs, Washington D.C.
        Sir.    We respectfully report that our first messenger to Modocs sent out yesterday returned this evening and brings this intelligence: That the Modocs were expecting somebody to come and talk with them, that they were tired of living in the rocks, tired of war, desired peace, were glad to hear good words from Washington. Did not want to talk with anyone who had been in the war. Had no faith in small officers. Would be willing to meet Case and Meacham outside the rocks, that we should not be harmed, that they were not afraid, and did not want white men who had come a long distance to be afraid. They remembered Ben Wright's treachery, but would come out and talk. No indication of anything like terms of peace was made. We feel encouraged now that negotiations are opened and Indians willing for peace.
Very respectfully
    Your obt. servt.
        A. B. Meacham
            Chairman Modoc Peace Commission
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 238-239.



THE WESTERN UNION TELEGRAPH COMPANY.
Fairchild's Ranch Cal.
    Feb. 22nd 1873
Hon. Col. H. R. Clum
    Actg. Comsr. Indian Affairs
        Washn. D.C.
Your telegram of eighteenth recd. Commissioners will obey instructions. Send messengers to Modocs this morning. Is unratified treaty between ex-Supt. Steele of Northern California and Modocs June 1864 on file.
A. B. Meacham
    Chairman Peace Com.
By courier to Yreka Cala.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 214-215.



Headquarters Peace Commission
    Fairchilds, Cal.
        Feb. 23rd 1873
H. R. Clum
    Act. Commissioner
        Sir
            We have to report that our second messenger to the Modocs has returned, and everything is progressing finely for a "talk." Nothing of terms has been intimated.
    Our last messenger reports the Modocs as being well supplied with breech-loading arms and an abundance of ammunition; he also reports the number of Modoc warriors to be less than sixty, and they deny having lost any men in the late battle of the lava beds. Anxious for a full, long talk, and willing to receive the commission, also desire Judge Rosborough and Judge Steele present. We have dispatched messenger for them. We will send another messenger tomorrow, and will probably arrange for the council talk for Thursday next. We are hopeful for good results, but of course this is uncertain.
    The appointment of Judge A. M. Rosborough gives general satisfaction.
Very respectfully
    A. B. Meacham
        Chrmn. Com.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 240-242.



Headqrs. Fairchilds Cal.
    Feb. 26 1873
Hon. Commissioner
    of Indian Affrs.
        We have the honor to report that we are progressing hopefully and will be able to report definitely very soon.
    By misunderstanding mail starts, not giving time to make further report.
Very respectfully
    A. B. Meacham
        Chrmn. Com.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 248-249



Fairchild's Ranch, California
    Feb. 26th 1873.
Hon. H. R. Clum, Act. Comsr. Ind. Affairs
    Sir,
        While feeling duly sensible of the honor done me by being made a member of the commission to bring to a close the war with the Modoc Indians--and to which end my services are cheerfully given--I think I am not a fit person to investigate the causes leading to this war, if that investigation is to extend to the remote causes of the outbreak, and to the official acts of those in the service of the Indian Department.
    Though I have not myself held office in or had any interest in a contract with the Indian Department at any time, and would endeavor to do strict justice to all parties concerned, yet as two of my nephews have been employed in subordinate places on the Klamath Reservation for the last five years, and the press has charged them with having a personal interest in securing the return of the rebel Modocs to the reservation (which was the immediate cause of the outbreak), as their near relative I am not a proper person to sit in judgment upon their conduct, or be a member of a tribunal charged to make investigations that might impugn it.
    I therefore request to be excused from serving as a member of the commission longer than the conclusion of the negotiation for peace with the Modocs.
    Your reply by telegraph is earnestly solicited.
Very respectfully
    Jesse Applegate
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 782-784.



Klamath Agency, Jackson Co., Or.
    Feb. 27th 1873.
Sir,
    Your letter requesting the sending to your office articles manufactured and used in drinking and smoking by the Indians did not reach me until the 19th inst. and I have been unable, in so short a time, to collect as many as I could wish.
    The Klamaths obtained their articles for smoking almost entirely from other tribes previous to their acquaintance with the whites, those of their own manufacture being very rude. I send one pipe, which is a fair sample.
    The tobacco bag was made by the wife of the head chief, Allen David. In the bag is a small paper of a substance which the Indians smoked before the introduction of tobacco. I have never seen the plant, but from the description I think it must resemble the tobacco plant. You will observe that it has a similar taste.
    The other articles are used for drinking. The heavy one is a water cup, but has also been used as a berry basket.
    The other is a woman's hat, which is also used as a drinking cup for convenience. The Klamaths make no other drinking utensils.
Very respectfully
    Your obt. servt.
        L. S. Dyar
            U.S. Indian Agent
Hon. H. R. Clum
    Acting Commissioner
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 852-854.




Copy.
Western Union Telegraph Company
Headqrs. Peace Com.
    Fairchild's Ranch Cala.
        Mar. 2nd 1873
C. Delano
    Secy. Int.
        W.D.C.
            Modoc objections to personnel of commission entirely removed & is satisfactory to them. We have proposed surrender as prisoners of war to be removed by Genl. Canby to Angel Island, protected, fed & clothed, and a permanent home found in Arizona. They are favorably considering, we think will accept, will know definitely in a few days. Commissioner Case asks to be relieved on account of official duties at Alsea.
A. B. Meacham
    Chr. Peace Comrs.
   
Copy.
Telegram.
Dept. of the Interior
    Mch. 4, 73
A. B. Meacham
    Fairchild's Ranch
        Cal.
            If Modocs leave Pacific Coast, remove them to Indian Territory, not Arizona--this is important.
    Discharge Case if deemed advisable.
C. Delano
    Secretary
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 230-232.




Headquarters Peace Commission
    Fairchilds Ranch California
        March 3, 1873.
Hon. H. R. Clum
    Commissioner Indian Affairs
Sir:
    Negotiations necessarily progress slowly, but very hopefully, a great amount of time being consumed in negotiating for a meeting; Modocs in small numbers return without messenger. On 28th ultimo sent Judge Steele and Jno. Fairchild with the proposition to surrender as prisoners of war to Genl. Canby, to be temporarily removed to Angel Island, protected, fed and clothed, a new home in some warmer country, perhaps Arizona. The intimations and expressions from the Modocs indicate prospects of an early peace and on honorable terms. This proposition seeks to meet with favor from all parties in the Modoc country, except a few persons whose friends were killed immediately after the battle Nov. 29th. It is not known whether Governor Grover and the grand jury of Jackson County will make a demand for the Indians indicted. But we are acting with the belief that as prisoners of war the Modocs will not be surrendered. Commissioner Applegate has sent a letter of resignation, to take effect as soon as peace is proclaimed. His reasons are set forth in the communication.
    Commissioner Case writes by telegraph on account of official duties. Both requests are reasonable. The matter of inquiry into "cause of war" is a very embarrassing one to your commissioners, owing [to] the facts set forth in Commissioner Applegate's letter. Also by reason of Modoc statements to our messenger in regard to their treatment on Klamath Reservation during Commissioner Meacham's administration as Superintendent of Indian Affairs.
    Although they do not set forth any charges against ex-Superintendent Meacham, they and their friends do charge Sub-Agent Knapp and Klamath Indians with failure to observe and maintain terms agreed on between Superintendent, sub-agent and Klamaths on the first part, and Modocs on the second part. These failures may be found recited by ex-Superintendent Meacham in special and annual reports 1870-71. The commission, however, are determined that so far as investigation proceeds that both sides of the causes that led to the war ought to and shall be heard. And if thought necessary by the Department, each member will withdraw and ask that someone entirely disconnected and unconnected uncommitted be appointed to take testimony in the case.
    The commission, however, is of the opinion that the main facts in the case may be set forth, and a statement filed with [the] Department that will enable it to arrive at a just conclusion. At present we are bending every nerve to accomplish peace on fair & honorable terms, and any investigation as to "cause of war" would embarrass and possibly frustrate and defeat the main object. But in either event, peace or renewal of war, a fair, just and impartial statement as is possible with our limited powers to compel attendance and obtain evidence on both sides will be made without fear of the terrible storm of opposition to peace in Oregon, or to the hope of approval by the special friends of the Modocs on this side (California) of the line. We have sufficient reasons for believing that within a few days more we will be able to report to you an honorable a& permanent peace, and yet we are aware that a slight blunder would defeat the whole mission.
Very respectfully
    A. B. Meacham
        Chairman Commission
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 254-258.



Copy.
Western Union Telegraph Company
    3/5 1873
        Head Quarters Peace Commission
            Fairchild's March 4, 1873
Columbus Delano
    Secy. Interior
        Washn. D.C.
            Modocs emphatically reject all offers and propositions. They propose to meet in full force Meacham & Applegate with six men unarmed in lava bed. This undoubtedly means treachery. We are still willing to meet them in conference but not upon their terms. They have an accession of twenty-four warriors, not Modocs, without doubt. We will send message of protection to all who come out. The mission is a failure. Instruct immediately--time is of most importance. Courier awaits.
A. B. Meacham
    Chrmn. Comsn.
   
Copy.
Department of the Interior
    Washington Mch. 5, 1873
A. B. Meacham
    Fairchild's Ranch
        via Yreka California
            I do not believe Modocs mean treachery. The mission should not be a failure. Think I understand now their unwillingness to confide in you. Continue negotiations.
    Will consult President and War Dept. Confer with Gen. Canby tomorrow.
C. Delano
    Secretary
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 32-35.



[Copy.]        (Telegram.)
Fairchild's Ranch March 5, 1873
Gen. W. T. Sherman
    Washington D.C.
        The report from the Modocs just received
indicates treachery & a renewal of hostilities. This is the opinion of Mr. Steele, who was sent for at the request of the Modocs as their friend & adviser, & probably better acquainted with them than any other person, & has just returned from their camp.
Ed. R. S. Canby
    Brig. Gen. Comdg.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1105-1107.




THE WESTERN UNION TELEGRAPH COMPANY.
State of Oregon
    Executive Office
        Salem Oregon
            3 / 5 1873
The Commissioner of Indian Affairs
    I protest on behalf of the state of Oregon against the consummation of any treaty with the Modoc Indians which shall screen from trial & punishment those savages now standing indicted for the murder of eighteen peaceable citizens of this state who were not in arms & were not connected with the origin of the pending hostilities at the time of the massacre.
L. F. Grover
    Governor of
        Oregon
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 489-491.




State of Oregon
    Executive Office
        Salem, March 6th 1873
To the Commissioner of Indian Affairs
    Washington D.C.
Sir:
    I herewith enclose for your information a copy [above, under date of Feb. 10] of a communication transmitted by me to the commission appointed by the general government, to conclude peace with the Modoc Indians, which by the hand of my private secretary was delivered to said commission on the day of their organization at Linkville, Jackson County, Oregon on the 15th day of February 1873.
Very respectfully
    Your obt. servant
        L. F. Grover
            Governor of Oregon
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frame 1109.



THE WESTERN UNION TELEGRAPH COMPANY.
Headqrs. Peace Commission
    Fairchild Ranch
        Mch. 7th 1873
H. R. Clum
    Actg. Comr. Ind. Affairs
        Washn. D.C.
The Modocs have reconsidered & by their messenger have accepted terms offered by the commission on third inst. to surrender to Genl. Canby as prisoners of war, to be fed, protected & clothed & removed to a distant country. They ask that a delegation be allowed, in connection with govt. officials, to look out new homes; meanwhile, the remainder subject to order of Gen. Canby. Commission send message of acceptance of terms of surrender & propose Genl. Canby to complete the details. Commissioner Case excused. Capt. Jack's sister came as messenger from him yesterday & returned today with the understanding that the Modocs would come in to morrow. We will have a permanent peace if no treachery intervenes. If all right, shall commission confirm the terms above.
A. B. Meacham
    Chairman Commission
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 245-247.



THE WESTERN UNION TELEGRAPH COMPANY.
Headqrs. Peace Commission
    Fairchild Ranch
        3 / 8 1873
H. R. Clum
    Comr. Ind. Affairs
        Washn. D.C.
Modocs have named Monday to meet our wagon near the lava bed. They remain tomorrow to bury dead. We believe now that peace will be permanent. Shall any of commissioners remain after surrender of Modocs to Genl. Canby. Instruct. Is it your desire that hereafter that management of Modocs be left entirely with the Military Dept.
A. P. Meacham
    Chairman Commission
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 243-244.



Headquarters Peace Commission
    Fairchild's Ranch Cal.
        March 8, 1873
Hon. H. R. Clum
    Acting Commissioner Indian Affairs
        Washington D.C.
Sir:
    Since our last report by letter, Judge Steele and interpreter Riddle have returned from the Modoc camp with the reply of the Modocs to the effect that they would not accept the proposition repeated in several telegrams, but that they would meet Commissioners Applegate and Meacham only, with six men unarmed, they to be in full force: the meeting to transpire in the "lava bed."
    It was then and still is the opinion of the commission--Genl. Canby concurring--that treachery was intended.
    It is believed that the change in tone of Modocs was owing in part or wholly to the interference of certain white men, one especially, named Charles Blair, a man of disreputable character and violently opposed to the peace commission. Said Blair is a resident of Linkville, Oregon. It is capable of proof by Indian testimony that he visited the Modocs who came from Modoc camp and endeavored to make them believe that the object of the peace commission was to get possession of the Indians indicted for murder by Jackson County grand jury and have them hanged. Whether this produced the effect stated in telegram of 5th inst. or not, it is quite certain a great change had come over the Modoc camp when Judge Steele returned with the proposition mentioned above about meeting Applegate and meeting. This proposition was rejected for reasons mentioned in telegram, "treachery"--and messenger sent back with message that if Modocs desired peace they must come to us. Modoc chief replied by sending in his sister Mary with proposal
to surrender according to terms offered by Steele and Fairchild on the 1st inst. We returned Mary with the reply that we would accept the surrender, and that Genl. Canby would arrange details. Genl. Canby then informed Mary that Capt. Jack and as many of his people as were able to come would be expected this evening. The motive to transfer to Genl. Canby the management of details was made by Hon. Commissioner Rosborough and supported by Coms. Applegate and Case. The majority of the commission are of the opinion that the duties of the commission cease after the surrender of Jack. It is the opinion of the chairman of the commission that we will have to continue in session until our labors are confirmed by Commissioner of Indian Affairs and Secretary [of the] Interior. The commission find much embarrassment in trying to ascertain the causes of the war, for want of commissioned authority to take testimony and send for persons and papers.
    We will, however, ask instructions by telegraph on this subject. We are hopeful of permanent peace; Monday being appointed by Jack to meet our wagons, and surrender themselves.
I have the honor
    Very respectfully to remain
        Your obedient servant
            A. B. Meacham
                Chairman Commission
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 264-268.



Head Quarters Peace Commission
    Fairchild's Ranch, Cal., March 9th 1873
H. R. Clum
    Acting Comssr. Indian Affairs
        Sir:
            The commission appointed to examine into the causes and bring to a conclusion the Modoc war, having concluded its labors, submit the following as its final report, to wit:
    1st. The causes leading to war were the dissatisfaction of Capt. Jack's band of Modocs with the provisions and execution of the treaty of Oct. 14th 1864, and refusal to abide thereby. To what extent wrongs justified resistance, the commission, having no power judicially to investigate, cannot say.
    2nd. The immediate cause of hostilities was resistance by the Indians to military coercion.
    3rd. Unconditional surrender of the Indians and the trial and punishment of the guilty by the civil authorities would have been more satisfactory to the whites and a better example to the Indians than more lenient conditions.
    4th. Terms of surrender were offered the Indians to save the further effusion of blood and secure a permanent peace by the removal of the whole tribe out of the country, a result scarcely to be hoped for by continued hostilities.
    5th. The terms agreed to by the commission were suggested and must be carried into effect by the military. A commission to negotiate a peace was therefore unnecessary.
    6th. A commission to inquire into the causes of the war should be composed of men wholly disinterested in the findings of the commission, directly or indirectly, and clothed with full power to investigate.
    7th. Some of the personnel of this commission being obnoxious to the Indians, it was a hindrance to negotiations. Having no power to administer oaths nor send for persons and papers, and the official acts of the chairman to be reviewed, its finding must have been imperfect and unsatisfactory in regard to the causes of the war. We therefore consider the commission an expensive blunder.
Jesse Applegate
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 785-787.



Copy.
Telegram.
Department of the Interior
    Washington, D.C. March 11th 1873
A. B. Meacham
    Chairman Peace Commission
        Fairchild's Ranch, Cal.
            Modocs having surrendered, the commission will proceed to discharge its remaining duties, namely, select a suitable reservation upon which to place the Modocs and to which they are willing to go. Meantime they must be fed, protected, clothed and cared for, and in all respects treated in good faith and kindly. Superintendent Odeneal is added to your commission. You will so notify him, and show him instructions. Confer also freely with General Canby and advise the Department of progress.
C. Delano
    Secy. of Inter.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 37-38.



Copy.
By Telegraph.
Department of the Interior
    Washington, D.C. March 11th 1873
Supt. T. B. Odeneal
    Salem, Oregon
        You have been added to the commission appointed to negotiate peace and provide a reservation for the Modocs. Meacham has been directed to communicate with you and show you instructions. The commission will provide suitable reservation to the Modocs, to which they are willing to go, as soon as possible and meantime see that they are properly cared for, kindly treated, and the faith of the government, in all respects, maintained. Communicate freely with the Department or Commissioner of Indian Affairs.
C. Delano
    Secy. of Inter.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 40-41.



THE WESTERN UNION TELEGRAPH COMPANY.
Headqrs. Peace Comsn.
    Fairchild Mch 11th 11:30 p.m.
H. R. Clum
    Actg. Comr. Indian Affairs
        Washn. D.C.
No Modocs appeared at appointed time and place; they first favorably considered terms offered by commission as telegraphed to you, then positively rejected next day; reconsidered & accepted, named Monday to come, failed to come in. Every honorable means to secure peace has been exhausted. Modocs break every promise. Have talked to our messengers, "Stop fighting, withdraw soldiers, and let us alone on Lost River." Commission have not entertained that proposition, because permanent peace will be impossible. We protest against any such terms; neither friends or enemy of Modoc would consent for them to remain. Commission will endeavor to reopen communication with Modocs. Messenger unwilling to return to their camp. Meacham desires to visit Salem before reporting to you at Washn. Commission can't agree on cause of war; each member will make individual report on cause. Await orders.
A. B. Meacham
    Chairman Commission
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 250-253.



Copy.
Telegram.
Department of the Interior
    Washington, D.C. Mch. 13th 1873
T. B. Odeneal
    Superintendent &c.
        Salem, Oregon
            You are excused from serving on peace commission. Sub-Agent Dyar appointed in your place. Advise him accordingly and give him same instructions as given you. Make preliminary arrangements for erection of agency buildings on Malheur and collect Indians fast as possible. Accounts for supplies, etc. must be dated after first July next, as money cannot be drawn before then, and for next fiscal year.
C. Delano
    Secretary
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 43-44.



THE WESTERN UNION TELEGRAPH COMPANY.
Headquarters Peace Commission
    Fairchilds Mch. 13th 1873
H. R. Clum
    Acting Comr. Ind. Affairs
        W.D.C.
No change in Modocs. Applegate left; Rosborough will return if necessary. I will await events till relieved and leave nothing undone to secure success.
A. B. Meacham
    Chairman Commission
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 259-260.



Fairchild's Ranch Cal.
    March 13, 1873
H. R. Clum
    Acting Commissioner Indian Affairs
        Washington D.C.
Sir:
    No change in the aspect of Modoc matters since telegram of 10th inst.
    It seems to be impossible to hold them to an agreement.
    No honorable means have been left untried to bring the mission to successful issue. We have sent at great expense for the friends they have desired, and they refuse to abide by the terms made by them for the commission. All of the commission have left with the understanding that they were to return if necessary. Unless otherwise ordered, I shall consult with Genl. Canby, should it be necessary to avoid further bloodshed. It is possible that a "demonstration" may bring Modocs to a realizing sense of the situation.
    Enclosed find speech of Modocs, since which time he has changed his mind; also copy of the speech of Jack's sister, on which we founded our hope of success, the one from which he receded and which he refused to comply with.
    Nothing has been heard from the Modocs for three days.
I remain very respectfully
    Your obedient servant
        A. B. Meacham
            Chairman Commission
   
Message brought by Mary (Capt. Jack's sister) from the Modocs
    Schonchin John said: I have heard the talk they have sent.
    I don't want to fight anymore. I don't want to shoot any more soldiers, and I don't want any soldiers to shoot my people. I have but a few men, and I don't want to fight with more men than I have got. I didn't think the peace commission would get mad so quickly, or the soldiers. The talk looks as if they were mad. I want to live in peace. I don't want to go anywhere to fight. I want to live in my own house, and I want to live in peace. I want to know what officer got mad so quickly. There are only two headmen of us, and we didn't get mad; we wanted to live in peace. Do they want to come and shoot us again? I don't want to shoot anyone, and I don't want anyone to shoot my men. I have thrown away my country, and now I want to go and hunt another.
    I thought they were to come and take me away at once. I wanted time to take my people; some of them are sick, wouldn't be able to go away at once, and I don't want them to go to killing them again. I have got all my people to say yes, that they are willing to go and not talk bad anymore. I don't want this country anymore. I want a warmer country. I explained this to my children, and they all say yes and sanction it.
    I want to remain a little while. Some of my people are sick and can't go, and then the military can go with them. Here ended Schonchin's talk. Mary then explained that Capt. Jack was very sad and was crying all the time.
    Capt. Jack said: I am very sad. I want peace quick, or else let the soldiers come and make haste and fight. I want to stay here a little while, so that my people can get ready to go. I say yes to going to a warmer country, and this is the first time I have said yes. I don't want my people shot. I don't want my men to go with guns anymore.
    I have quit forever. I have buried the past and don't want to be mad for the past. I have heard they wanted to shoot me; that would be like shooting an old woman. I want to talk good words only. I don't want to shoot or be shot. I don't want anyone to get mad as quick as they did before. I want to live in peace.
    I want to go and see my people on the reservation. My mind is made up to say "yes." I have a good heart and want no mistake made this time, to live with good heart & talk truth. I have no paper men & can't write on the papers. The papers called me bad & lied about me. If they don't lie to me I won't lie to them.
    I want to give up shooting. I never have been out since I came on here. If they had come I would have shot them. I never have seen any white men except those who come here. I want Fairchild and Riddle and anyone else willing to come out. I want to see my people at Yainax. I have thrown away [my] country, and unless I go I never expect to see my people again, and then I want to go to town, and then I will go away and never expect to return.
    I want to see what they have to say. My mind is made up, & I have but little else to say. They have got my heart now, and they must look after it and do right. I am nearly well and have a good heart now. I expect Mr. Meacham is very sick and couldn't come. I am nearly well, but I am afraid on account of the soldiers on the road. There are so many soldiers around. There are soldiers on Lost River, on Clear Lake, and Bernard's soldiers. Wouldn't they be afraid if they were in the same situation? I want to see their headmen, who never have been here. I have heard of so many soldiers coming I was afraid. When they visited me they laid down & slept & were not pestered. I had a bad heart when Mr. Steele left here yesterday morning, to think that he would not come back or believe me. If I knew the new country I would go out when he came in. I want to visit my people, then the new country, and want the peace commission to go with me & show it to me.
    I wish to live like the whites. Let everything be wiped out, washed out, and let there be no more blood. I have got a bad heart about those murderers. I have got but a few men, & I don't see how I can give them up. Will they give up their people who murdered my people while they were asleep? I never asked for the people who murdered my people. I only talked that way. I can see how I could give up my horse to be hanged. But I can't see how I could give up my men to be hanged. I could give up my horse to be hanged & wouldn't cry about it, but if I gave up my men I would have to cry about it. I want them all to have good hearts now. I have thrown away everything. There must be no more bad talk. I will not.
    I have spoken forever. I want soldiers all to go home. I have given up now and want no more fuss. I have said yes & thrown away my country. I want soldiers to go away, so I will not be afraid. When I go to Yainax I don't want to come back here but want to go to town and then to the new country. I wanted to go to a new country and not come back anymore to see my people, that is why I wanted to go to Yainax. I want to see how many of my relations would go with me. I feel bad for my people on the lava bed.
    I would cry if I didn't see my people at Yainax. I don't know the new country, and they wouldn't know where they were. I know no country but Shasta and Pit River. But I say yes, and consent to everything & go away. I don't want to live here anymore, because I can't live here anymore in peace. I wish to go to southern country & live in peace. I want my people to stay here till I & some of my headmen go and look at [the] new country. I want Riddle and some others to go with me. I want clothing and food for my men. I want it given them here. I don't want them to think I am deceiving them. I want my people to be taken care of while I am looking for new country. I want to know where they can stay and eat at while I am gone. I want to stop with Fairchild. I want to know if they got at me so quick because I couldn't believe them at once. I couldn't come. I had but two horses, and the Klamaths took my good one. I have no saddle, and my horses have been ridden so much they are not fit to ride. I am a chief; am proud, am ashamed to ride a poor horse.
    I understand their talk now. It seems now that I had been with them and talked with them and seen them. I talk with my mouth. They have paper men to write down what I say. I want Fairchild to come tomorrow to see me. Mary has brought back good news. I want to see them as bad as they want to see me. I don't want Fairchild to be afraid to come out with Mary. I want and hope Mary will come back with message and say yes, just as I have said.
[Clippings enclosed:]
JUSTICE AND FAIR PLAY.
    Before the Modocs are finally exterminated in war and at some proper juncture the government should order an investigation to ascertain whether these Indians have been fairly treated by the agents who have had them under their charge and by others. There are tolerably well-founded reports that they have not received such treatment as was guaranteed by treaty or such as they were entitled to or led to expect from promises held out. If it should be found that injustice has been done in this case, it will not be the first time in the history of the country that the appropriations of Congress have not been devoted to the purpose for which they were asked and granted. It is on record that appropriations have been asked and voted for a tribe of Indians which had no real distinct existence, and the money went into the hands of peculating agents. Last year the amount appropriated for the benefit of what is called an apocryphal tribe, or the Teton Sioux, which have not had a tribal organization since the Minnesota war, or 1863, but have become merged, and lost their identity in other tribes, was nine hundred thousand dollars, and this year two hundred thousand dollars is set apart in the Indian appropriation bill for their support. As an exchange says, it will be interesting to know who has pocketed the money and who are the agents that have betrayed the confidence of the administration, which has been laboring so earnestly to reorganize the Indian Department and free it from the thieves and plunderers who have been so long engaged in fleecing the government and cheating the Indians. An investigation into the particular case mentioned is demanded by parties in the East at the hands of Congress, and it is confidently expected that the subject will be soon taken up at Washington and the iniquity practiced inquired into. While this matter is undergoing ventilation it will do no harm to see whether there is any ground for the complaints of bad treatment which are reported to be made by the Modocs and which have enraged them against the white settlers and got the country into further Indian troubles.
Sacramento Daily Union, January 11, 1873, page 4

What Next?
    Our telegrams from Yreka this morning bring the news of the failure of the peace commission to the Modocs. The terms proposed were emphatically rejected by Captain Jack, and Meacham, in despair, has telegraphed to Washington for further instructions. Jack, it seems, was very anxious to have a strictly confidential conversation with Applegate and Meacham, but the proposed guests suspected treachery, and very wisely concluded not to accept the kind invitation to an interview in the lava bed. It is altogether probable that the Modocs would have "welcomed them with bloody hands to hospitable graves." Such an event would have thrown the citizens of Oregon into deep mourning, and we're glad they didn't go--on Jack's account. His conduct might have been misrepresented. What the next feature of this farce will be it is difficult to foresee. In our opinion the whole matter resolves itself into the question, Which shall leave the country--the Modocs or the settlers? We confess to a decided prejudice in favor of the settlers, and hope the arrangement will be hastened for transferring them to a "warmer climate"--warmer than Arizona, and more suitable to their devilish natures. It is high time that the citizens throughout our state should make themselves heard in regard to the infamous manner in which this Modoc business is being managed, and we believe that mass meetings should be held in every town and hamlet within our borders, which should forward at once to Washington fervent remonstrances against any further temporizing with these murdering red devils. We hope that some action of this nature will be inaugurated immediately throughout the length and breadth of the land. Our representatives in Congress should also be instructed to protest earnestly against these peace commission farces, and place the matter before the national government in its proper light. Until the sentiment of our people in regard to the Modoc outrages is thus generally brought to the notice of the "powers that be," the settlers in Southern Oregon can have but little hope of proper protection for their lives and property.
Daily Oregon Herald, Portland, March 6, 1873, page 3
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 269-284.



Copy.
By Telegraph.
Department of the Interior
    Washington, D.C. Mch. 13th 1873
A. B. Meacham
    Fairchild's Ranch, Cala.
        Your telegram of 11th received. Hereafter please submit your telegrams, before they are sent, to General Canby for his approval, and in all your official proceedings be governed by his advice until you shall have been further advised by the Department or the Commissioner of Indian Affairs.
C. Delano
    Secretary of the Interior
   
Copy.
Headquarters Army of the United States
    Washington D.C. March 13, 1873
Telegram
Received from
Fairchild's Cal. March 11th 1873
General W. T. Sherman
    Washington D.C.
        The Modocs failed yesterday at time and place appointed by themselves. Some movements of troops will be necessary in order to keep them under closer observation, but nothing more until authorized by you. I do not regard this last action of the Modocs as decisive, and spare no efforts to bring about the desired result.
Ed. R. S. Canby
    Brig. Gen. Comg.
Official copy respectfully furnished for the information of the Secretary of War.
W. T. Sherman
    General
   
Telegram. Copy.
Salem, Oregon, 3/12 1873
Hon. C. Delano
    Secy. of Interior
        Washn. D.C.
            Would be pleased to aid in carrying out any policy you may adopt towards Modocs, but ask to be excused from in serving [sic] in peace commission for the following reasons: Commissioner in letter of Feby. seventh directed me to make terms with Wallowa
Indians. Having a sick child which died last Sunday, I could not go at once. To avoid trouble I sent messenger to notify Indians I would visit them between 15th and 22nd inst. Am now ready to go. Failure on my part could not be satisfactorily explained. Letters and petitions to Gov. calling for assistance indicate pendency of serious trouble. Utmost vigilance demanded toward these and Snake Indians. I fear consequence of allowing Snake Indians to roam. Is it not possible to use funds appropriated for Malheurs to collect them and commence building agency at once. If not done now they cannot possibly be collected before winter. If properly aided I feel confident of preserving peace. The emergency will, I trust, justify this long statement. Agent Dyar could serve as commissioner with less expense and as satisfactorily as I could. Will I be excused.
T. B. Odeneal
    Supt. Ind. Affrs.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 45-52.



Copy.

Van Bremer's Ranch, March 14, 1873
General Wm. T. Sherman
    Washington D.C.
        
Your telegram of the thirteenth, 13, has just been received. The utmost patience and forbearance has been exercised toward the Modocs, and still it will be. But there is danger that they may escape from the lava beds and renew their hostilities against the settlers. To prevent this the troops will be so posted as to watch the places of egress and keep them more closely under observation than they have been pending the negotiations of the commission. Apprehending that their last action was only a trick to gain time to make their escape, I directed a reconnaissance to be made around the lava bed, which was completed last night. The Modocs are still at or near their old camp; the party found and brought in thirty-three horses and mules, which is all, or nearly all, that was left of the Modocs' band. The Indians guarding it were not molested and ran off into the lava beds. While no active operations against them will be undertaken until all other efforts have failed, I wish them to see that we are fully prepared for anything that they may attempt; and this may induce them to keep their promises in future. Another danger to be apprehended is that this forbearance shown to the Modocs may be regarded a weakness by the Piutes and Snakes, & induce  hostile action by them. To guard against.this, I have ordered Sanford's troops from Fort Lapwai to Camp Harney, about which post a large number of the Piutes are now gathering.
E. R. S. Canby
    Brig. Genl. Comdg.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1110-1113.




Copy.
Hdqrs. Army of the U.S.
    Washington D.C. Mch. 22 / 73
Telegram.
Dated Van Bremer's Ranch, Cala.
    March 16, 1873
To General W. T. Sherman
    Washington D.C.
        
The squaw sent into the Modoc camp returned yesterday. The excuse made by the Indians for not keeping their appointment is that [at] the last moment their hearts failed them, and they could not bring themselves to the point of abandoning their old homes and going [to] a distant country. They are evidently not now in a disposition favorable to any arrangement, although they profess a willingness to have another talk. It will be some time before the commission can be assembled, and in the meantime the troops will be put in positions that cover, as far possible, all points of egress from the lava beds. I think that a system of a gradual compression with an exhibition of the force that can be used against them, if the commission should again fail, will satisfy them of the hopelessness of any further resistance and give the peace party sufficient strength to control the whole band. Time is becoming of the greatest importance, as the melting of the snow will soon enable them to live in the mountains. This will greatly increase the difficulties we have to contend with, as they will then break up into small parties and can more readily make their escape than from their present location.
E. R. S. Canby
    Brig. Genl. Comdg.
By courier to Yreka, Cala., 21st.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 59-61.



Copy.
Telegram.
Van Bremer's California
    March 17, 1873
Gen. W. T. Sherman
    Washington D.C.
        Telegrams of the fourteenth (14)
just received. There is nothing new in the situation of the Modocs. Troops are being removed into positions that will make it difficult for them to secure egress for raiding purposes, and in making these movements, the commanders are instructed not to come in contact with the Indians. I hope by this not only to secure the settlers, but to impress the Indians with the folly of resistance; and by abstaining from firing upon or capturing any of their people to impress a greater degree of confidence in us than they now have. I propose to open communication with them again in the course of two or three days, and have come to this place in order to prevent interference with them by persons interested in misleading them and keeping up their fears and distrust.
    I have no doubt they would consent at once to go to Yainax, but that would not ensure us a permanent peace, and it would have a bad effect on neighboring tribes, and with a little patience I believe that a better arrangement can be effected.
E. R. S. Canby
    Brig. Genl. Commanding
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 56-57.



Yreka March 18th 1873
Hon. the Commissioner of Indian Affairs
Sir,    herewith please find certified claim for actual expenses incurred by request of peace commissioners in the effort at peace with the Modocs.
    The amount was actually expended in legal tenders, and I make no charge for my time, as I consider it due to the cause of humanity.
    I might add a word as to the singular report of Supt. Odeneal. Many of the statements made by him are contradicted by Major Jackson & Lieut. Boutelle, two very estimable gentlemen of the army, & those in regard to myself I deny to challenge proof.
    As far as the letter is concerned it was written to Miller in answer to his request to me to make application to the government to permit those Indians to take forty-acre homestead & quit the tribal character of their organization, he telling me to pay taxes for them on their property to bring them within the provisions of the Constitution & he would see it paid.
    The second paragraph was in answer to his application I had filed for swamp land for him, which was regarded by our state laws to be surveyed by the county surveyor or a surveyor appointed by the surveyor-general.
    It is a pity that entirely disinterested parties could not have been put on the commission of peace or the whole thing left to Genl. Canby, which would be better.
Very respty. your
    Obt. servt.
        E. Steele   
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 788-794.  Invoices for horse hire of peace commission not transcribed.



Copy.
Department of the Interior
    Washington, D.C. March 18th 1873
By Telegraph.
A. B. Meacham
    Fairchild's Ranch, California
        Your telegram 13th received. Jesse Applegate discharged from commission at his request to date February 26th. Reverend E. Thomas of Petaluma appointed in Applegate's place. Inform Genl. Canby and call commission together when deemed necessary by you and him.
C. Delano
    Secretary
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 53-54.



Headquarters Peace Commission
    Van Bremer's Ranch Cal.
        March 19, 1873.
Hon. H. R. Clum
    Acting Commissioner Indian Affairs
        Washington D.C.
Sir,
    I have the honor to report that the headquarters of the commission have been moved to Van Bremer's, a few miles closer to [the] lava bed. No other commissioner has arrived. I have received notice that Superintendent Odeneal has been excused and Agent Dyar substituted in his stead. He has not yet reported to headquarters. No new feature has yet been developed since last communication. Under instructions, I am acting with Genl. Canby and hope to report progress in a few days. I have not entirely abandoned the hope of success, though the prospect is not flattering. I am well satisfied that had no outside treachery intervened, peace would have been accomplished already. The Modocs are informed that the authorities of Oregon demand the men indicted. Captain Jack would surrender them, but dare not. That portion of the band known as the murderers are unwilling to trust themselves in anybody's hands. I think this might be overcome if an official meeting could be had. But there has been no time since negotiations opened that the commission, as a body, could agree to accept the terms of meeting offered by the Modocs. Genl. Canby does not approve of an official visit at this time, and none can be made. Left to my own judgment, I should have visited Captain Jack in the lava bed: met him on his own terms; would now, however dangerous it might be. This communication reiterates, in part, the subject matter of former ones. The desire to have the situation understood is my excuse.
    The Department will be fully advised of any changes that may transpire.
Very respectfully,
    Your servant
        [A. B. Meacham]
            Chairman Commission
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 285-287.



Portland, Oregon
    March 19th 1873
Commissioner of Indian Affairs
    Washington D.C.
Dear Sir
    Having received my commission as agent for the Indians at the Siletz Agency, Oregon, in compliance with your instructions I reported to Superintendent Odeneal, from whom I learn that the sum of $8000 intended for my agency has been withheld, and he is without funds to place at my disposal. Under these circumstances I would respectfully represent
    That the Siletz Agency is now very heavily in debt--not less than fifteen thousand and perhaps twenty-five thousand dollars.
    That there are no funds to pay the employees of my predecessor, and unless furnished money for that purpose I shall be compelled to discharge them without any money to pay their traveling expenses to their homes.
    That the season has now arrived when it is necessary to begin planting for the coming crop and I have no money to purchase necessary seeds, tools, implements &c., and that unless a crop is raised the Indians cannot be subsisted on the reservation without a heavy expense for the purchase of food, and that if compelled to leave it will be impossible to prevent trouble with the whites who are now fearful and excited.
    That the agency is now so heavily in debt that I cannot purchase necessary articles on credit without paying exorbitant prices. In short, it seems absolutely necessary that I should have more money placed at my disposal, and I would respectfully request that the sum ($8000) now withheld from the incidental fund for Oregon (from which fund the Siletz Agency receives its support) be placed to the credit of Superintendent Odeneal for my use and that money be appropriated to pay the outstanding debts of my agency where they shall be found correct and just.
Very respectfully
    J. A. Fairchild
        Ind. Agent
As the season for planting has now arrived, I would respectfully represent the necessity of some money being placed at my disposal as soon as possible.
J.H.F.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 932-934.



Copy.
Department of the Interior
    Washington, D.C. March 24th 1873
By Telegraph.
A. B. Meacham
    Fairchild's Ranch Cala. (via Yreka)
        Show your instructions to Genl. Canby. Do not insist upon Coast Reservation as permanent location, if Indians will go to some other suitable place. Would not insist upon their going to Angel Island as prisoners of war, if they will surrender and go to a suitable reservation. Do not think those indicted should be surrendered to civil authorities for trial for murder, provided they will surrender and go to a reservation. Confer with General Canby and show him this.
C. Delano
    Secretary of the Interior
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 63-64.



(Telegram.)
Copy.
Headquarters Army of the United States
    Washington D.C. March 24 1873
General E. R. S. Canby
    Comdg.--Van Bremer's Ranch
        Modoc Country via Yreka Cala.
            Secretary Delano is in possession of all your dispatches up to March 16, and he advises the Secretary of War that he is so impressed with your wisdom and desire to fulfill the peaceful policy of the government that he authorizes you to remove from the present commission any members you think unfit, to appoint others to their places, and to report through us to him such changes.
    This actually devolves on you the entire management of the Modoc question, and the Secretary of War instructs me to convey this message to you with his sanction and approval.
W. T. Sherman
    General
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 66-68.



Telegram.
Copy.
Dated Van Bremer's Ranch, Cala.
    March 24, 1873.
Col. W. D. Whipple
    Asst. Adjt. Genl.
        Washington, D.C.
            Accompanied by Colonel Gillem, had an unsatisfactory meeting with Capt. Jack yesterday afternoon in the neighborhood of his camp; the result confirmed the impression previously reported, that the war faction is still predominant. Capt. Jack's demeanor was that of a man under duress and afraid to exhibit his real feelings. Important questions were evaded, or not answered at all; the substance of all that could be elicited from him was that he did not want to fight, that the lava bed was a bad place, and that he wanted to go to his home on Lost River. He wanted all of the soldiers moved out of the country; if anybody wanted to talk to him they must come to his camp, and if anything was to be done for him, it must be done there. The meeting of yesterday was in part accidental, as I had not intended to communicate with Capt. Jack until the troops were in their new positions, but the conference was invited by the Indians and was accepted as first arranged. Capt. .lack and Schonchin John, the second chief, were to have met Col. Gillem and myself, but when we reached the place we found that the war faction had substituted their leader for Schonchin, no doubt for the purpose of watching Capt. Jack, and seeing that he did not commit himself to their prejudice.
    The troops are now moving into their positions, and when they are reached, then communication may again be opened with the Modocs with the hope of better results.
Ed. R. S. Canby
    Brig. Genl. Comdg.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 70-73.



Headquarters, Van Bremer's
    March 24th 1873
Hon. H. R. Clum, Actg. Commissioner
    Washington D.C.
Sir,    I have the honor to acknowledge recpt. of telegram from Hon. Sec. Interior of 18th inst. giving notice of the appointment of Rev. E. Thomas of Petaluma, Cal. in place of Hon. Jesse Applegate, and also of appointment of Agent L. S. Dyar in place of Supt. Odeneal. Rev. Mr. Thomas has been notified by telegraph. The govt. ambulance would meet him Yreka, California. Agt. Dyar has not yet reported. On 22nd inst. Genls. Canby & Gillem with a company of cavalry made reconnaissance of "lava bed" country, during which a meeting was held with "Capt. Jack." Modocs were reserved and evasive. They desire peace but on terms heretofore reported to you, "withdrawal of troops, return to Lost River &c." No conclusions were arrived at. Future meetings may be arranged for without difficulty. Commission will continue to labor for "peace" with slight hopes of success. Modocs do not now object to personnel of commission. Principal impediment is fear--that the Indians indicted by Jackson Co. grand jury will be punished.
    The military and commission are laboring in harmony to overcome distrust on part of Modocs. This is very difficult because of the intervention of bad white men who desire the war prolonged for mercenary motives. The desire of the authorities is well understood, and no honorable means will be left untried to secure the end sought for, peace.
Very respectfully
    Your obt. svt.
        A. B. Meacham
            Chrmn. Comm.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 290-292.



Office Superintendent Indian Affairs,
    Salem, Oregon, March 25th 1873.
Sir,
    In compliance with instructions from Hon. Commissioner, Indian Affairs, dated January 28th 1873, to Agent Sinnott of Grand Ronde Agency, desiring a collection of Indian implements used in drinking, smoking &c., he has forwarded for transmission to your office the articles enumerated in the enclosed list, all of which were duly mailed to you this day.
Very respectfully
    Your obt. servt.
        T. B. Odeneal
            Supt. Ind. Affairs
Hon. Commissioner
    Indian Affairs
        Washington
            D.C.
   

List of articles forwarded from Grand Ronde Agency to Office of Superintendent for transmittal to Commissioner of Indian Affairs.
No. 1           Drinking cup made from the horn of the mountain goat, used by the "Clackamas Indians" as long as that tribe has existed, supposed to be upwards of 100 years.
No. 2 Drinking cup made of wood used by the "Santiam tribe" of Oregon Indians.
No. 3 Pipe made of iron and lead, smoked for forty years by "Wapato Dave," chief of "Wapato Lake Indians" of Oregon.
No. 4 Council pipe of the "Wapato Indians" of Oregon, formerly used on all important occasions, from the best date obtainable seventy-five years old.
No. 5 Pipe in general use by the "Luckiamute" tribe of Indians of Oregon.
No. 6 Spoon made of iron, used by "Umpqua Indians" of Oregon.
No. 7 Sundry cups, spoons &c. from different tribes of the Willamette Valley.
    The foregoing embrace all that can at present be obtained. All Indians on this reservation now use the same kinds of pipes, spoons and cups as the whites.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 509-512.



(Copy.)        Telegram.
Received at Headquarters Army of the United States
    Washington, D.C. March 29th 1873.
Dated San Francisco, March 28th 1873.
To
    Genl. W. T.
Sherman
        Washington, D.C.
            Your telegram of the twenty-fourth (24th) has been received. The commission as at present organized will I think work well. Yesterday the Modocs again invited conference and Col. Gillem who, with the party examining the lava bed, had a short interview with two of the most intelligent, both however of the peace party. He is of opinion that they are more subdued in tone and more amenable to reasoning than at the last previous interview.
    I think that when the avenues of escape are closed, and their supplies cut off or abridged, they will come in.
Ed. R. S. Canby
    Brig. Genl. Comdg.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1114-1117.



Copy.
The Western Union Telegraph Company
    Lava Bed April 7th 1873
Hon. C. Delano
    Secy. Washn. D.C.
        First meeting since our arrival here. Modocs insisted on amnesty for all; home on Lost River. Second meeting they abandoned Lost River, demanded lava bed for a home. We do not believe lasting peace would follow settlement of Modocs in this country. We meet them tomorrow to discuss only amnesty and a new home. They are wavering and indicate willingness to talk over these terms.
A. B. Meacham
    Chairman Comn.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 295-296.



Telegram.
Received at Headquarters Army of the United States,
    Washington, D.C. April 9th 1873
        Dated San Francisco Cal.
            April 8th 1873
To Genl. W. T. Sherman
    Your dispatch of yesterday is received. I have the Modoc papers and conclude the affair is near a settlement in one way or the other. I shall be glad to leave Canby to finish it. I have nothing to add to my letters from Honolulu except a confirmation of the belief expressed in that of Feby. thirteenth (13th) as to the wishes of the Hawaiian government. They are waiting for the necessary encouragement from the United States. General Alexander and I will in due time submit our report as required by the Secretary's letter of June twenty-fourth 24th.
J. M. Schofield
    Maj. Gen. U.S.A.
   
Telegram.
Received at Headquarters Army of the United States,
    Washington, D.C. April 9th 1873
        Dated Tule Lake Cal. April 7th 1873
            By Courier to Yreka Cala. 8th
To Col. W. D. Whipple
    Asst. Adjt. Genl. Washington D.C.
        I have just received the papers referred by you on the twenty-fifth ult. The instructions to Mr. Meacham of the twenty-fourth were shown to me, and have not been overlooked. If the Modocs surrender as prisoners of war the general government would have paramount and exclusive jurisdiction over the cases of all; the same result would be secured by treaty, but are not treaties with Indian tribes prohibited by recent legislation? A reservation within the limits of either California or Oregon would not bar state jurisdiction until after its cession by those states, and would have no retroactive effect, and for crimes committed within the limits of such a reservation it is doubtful, under Mr. Justice Miller's decisions in the Kansas reservation cases, where the state jurisdiction would not prevail. The murders of citizens were committed beyond the limits of any reservation and within the jurisdiction of the two states, and, of course, anterior to any arrangement with the Modocs. I do not question the right or the power of the general government to make any arrangement that may be thought proper; but I think they should make such as to secure a permanent peace, together with liberal and just treatment of the Indians. In my judgment permanent peace cannot be secured if they are allowed to remain in this immediate neighborhood. The Modocs are now sensible that they cannot live in peace on Lost River, and have abandoned their claim to it, but wish to be left in the lava beds. This means license to plunder, and a stronghold to retreat to, and was refused. Their last proposition is to come in and have the opportunity of looking for a new home not far away, and if they are sincere in this the trouble will soon be ended, but there has been so much vacillation and duplicity in their talks that I have hesitated about reporting until some definite result was attained. All the movements of the troops have been made deliberately and cautiously so as to avoid collision and to impress the Indians that we have no unfriendly intent. Thus far have succeeded very well, but their conduct has given so much reason to apprehend that they are only trying to gain time, that I have organized a party of scouts to operate with the troops if they should go to the mountains, or renew hostilities.
Ed. R. S. Canby
    Brig. Genl. Comdg.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 708-714.



THE WESTERN UNION TELEGRAPH COMPANY.
Head Quarters April 1873
    Modoc Peace Commission Camp
        South Side of Tule Lake
            April 13th 1873
H. R. Clum
    Acting Commr. Indian Affairs
        Washn. D.C.
Sir, I have to report that on the eleventh instant while this commission was holding a council with the Modocs by an act of unparalleled and premeditated treachery on their part, General Canby and Dr. Thomas were brutally murdered, Meacham left for dead, and I escaped by running, five shots being fired at me. Meacham may recover. Rosborough was absent, having gone home two days previous. The Indians are insolent, firing daily on picket lines. Peace cannot be made with these men. Waiting further orders. I remain
L. S. Dyar
    By courier to Yreka, Cal.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 855-857.  "And premeditated" was inserted in a different hand.



Headquarters
    Camp South Side
        Tule Lake Cal.
            Apr. 16th 1873
Hon. C. Delano
    Secty. Interior
        Sir
Since our arrival at the lava bed, the commission together with Gen. Canby had labored hopefully and had apparently gained several points over the Indians looking to a peaceful solution of this question until Friday morning, 11th inst. We had thwarted all their schemes of treachery through the fidelity of our interpreter, Mrs. Riddle, a Modoc woman. On that morning terms were agreed upon for a meeting satisfactory to Dr. Thomas and Gen. Canby, though not to Mr. Dyar, nor myself or the Modoc woman, Gen. Canby remarking that they dare not molest us, because his forces commanded the situation, and Dr. Thomas said that where God called him to go he would go, trusting to His care.
    The meeting was held according to time and place agreed upon. Canby, Meacham, Thomas and Dyar, and eight armed instead of six unarmed Inds., as was agreed upon. The "talk" was short, the Modoc chiefs both saying that unless the soldiers were withdrawn from the country no further talk would be had. Up to that point the comsn. reaffirming that the soldiers would never be withdrawn until the difficulty was settled, and still extending the offer of amnesty, a suitable and satisfactory home, and ample provision for their welfare in the future, the reply from both chiefs was, "take away your soldiers and we will talk about it."
    Gen. Canby assured the Inds. that he was here for the protection of both parties, and to see that the comsn. faithfully performed their promises. About this time two armed Indians suddenly appeared from the brush in our rear. An explanation was asked, and Capt. Jack replied by snapping a pistol at Gen. Canby, saying in Indian "all ready," after which Gen. Canby was dispatched by Cap. Jack with a pistol and knife, Dr. Thomas by a pistol shot in the breast and a gunshot in the head by Boston. Meacham attempting to escape toward camp, the former followed by Schonchin John, and the latter by Black Jim and Hooker Jim. Schonchin fired six shots at Meacham, hitting him four times and leaving him for dead. Boston, attempting to scalp him, was deterred by the Modoc woman. Dyar escaped unhurt, although fired at three times by Black Jim, who was only a few feet away, and twice by Hooker Jim, by whom he was pursued. Alter running about two hundred yards, he turned upon his pursuers with a small pocket derringer, when the Ind. turned and ran back--thus letting Dyar get away.
    Mr. Dyar will be obliged to leave in a day or two on account of official duties, but while here the remainder of the comsn. will consult with Gen. Gillem should any active measures be necessary on our part.
    We believe that complete subjugation by the military is the only method by which to deal with these Indians.
Very respectfully
    Your obt. servt.
        A. B. Meacham
            Chr. Modoc Peace Comsn.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 297-302.



To Ulysses S. Grant, President of the United States
    Columbus Delano, Secy. of the Interior
        E. P. Smith, Commissioner of Indian Affairs
            and others--
Respected Friends:
    With the desire to make you acquainted with the feelings of a large number of your fellow citizens on the present "Modoc trouble," the Radical Club of this city assembled at 3 o'clock on the 16th inst. and adopted the following resolutions which were ordered to be forwarded to you:
    Whereas, The telegram from General William T. Sherman, as published in Monday's newspapers, is revengeful and unjust in its tone, and therefore unworthy [of] the dignity of a great nation; and Whereas, the innocent men, women and children of the Modoc Indians are not responsible for the acts of their leaders.
    Resolved, That this Club offers this respectful remonstrance to the Executive and suggests to those in authority on this occasion the practice of a merciful delay in such summary punishment as has been advised.
    Resolved, That in the sorrowful result of the Modoc trouble, we protest against its being considered a failure of the peace policy, but rather a natural result of the war system, and that a general of the army, with the army at his back, is not a suitable representative of the peace policy.
On behalf of the meeting
    Very respectfully, your assured friends
        Lucretia Mott
        Elizabeth S. Bladen
        E. M. Davis
            President, Radical Club
Philadelphia, Fourth Mo. 19, 1873
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 715-717.



New Brunswick [New Jersey]
    April 19, 1873
To the Honorable
    Secy. of the Interior
        This morning I wrote to Mr. Creswell suggesting that it might be found good practice to use any material that would be most likely to drive the Modocs from their fastenings, but as by the morning papers Mr. C. is not in Washington, permit me to suggest they use gas smoke from sulfur as the most sure means of forcing the savages out of their lava holes.
Yours respectfully
    A. Hamilton
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1128-1129.



Sacramento Cal. April 22 1873.
To the Commissioner of Indian Affairs
    Washington D.C.
        Sir,
            I herewith enclose to you some extracts from California newspapers containing reference to the present Modoc Indian troubles, which you may not be in the way of seeing and to which I desire to ask your attention. The first is an account of the massacre perpetrated on the same tribe of Modocs by the company under command of Ben Wright and his subsequent appointment as Indian agent. You will see that the account is given as [a] matter of history by the San Francisco Chronicle--which from its course and opinions on the subject will not be suspected of any leanings in favor of the Modocs--and it is corroborated by a resident (Mr. Hyman) of this city who was at the time a resident of Yreka, as I was informed this morning by one of the oldest & most influential citizens here who had it from Mr. Hyman himself. The other extracts are from the two morning dailies of this city, the news dispatches showing how the war is being conducted under Gen. Sherman's policy of exterminating the tribe, the men being scalped--in one instance at least by a noncommissioned officer of the United States army--and women killed or turned over to savage allies. The editorial articles indicate how this mode of carrying on war by a civilized nation is regarded here. I send them to you as indications of public sentiment here at the capital of California (and the evening paper holds similar language) and not as entirely expressing my own views, for I do not agree with their implied approval of a war of extermination against even the men of the tribe, and for this reason.
    The killing of Gen. Canby and Dr. Thomas, which is the occasion for this particular clamor for revenge and for the promulgation of the order for extermination, is not the initial fount of these troubles, and if the government should persist in so regarding it, in shutting its eyes to all previous wrongs on the part of the whites towards these Indians and, assuming itself and our people to be blameless, decree a war of extermination against the tribe--it would simply be ignoring those plain dictates of justice and humanity which no government can be justified in disregarding. The killing of the peace commissioners, lamentable as it was, and marked by the treachery characteristic of the warfare of savages, was no more perfidious and not near so general as to numbers as the Ben Wright massacre of the Modocs. It has been alleged in excuse of Wright's massacre that he had been told that the Indians contemplated treachery towards him. But if we give any weight to this as an excuse for a treacherous murder of Indians by white men, are we to ignore the circumstances surrounding the Modocs, and influencing them at the time of and before the murder of the peace commissioners. This Modoc war was commenced last fall (previous to which the tribe had been living for years at peace with the whites) by an attempt of the government agents in Oregon to remove the Indians to a reservation objectionable to them, an attempt sought to be carried out on last Thanksgiving day by a company of troops, accompanied by a mob of armed people who came from Linkville to aid in enforcing the removal. The governor of the state telegraphed to Washington in December advising that the order for them to go on the reservation be rescinded, but it was answered that the Indians would claim such a reservation as a victory. The long discussions & negotiations were on this question--the Indians being naturally unwilling to leave their homes, the peace commission having no discretion to offer them any terms but to leave--the only concession offered being a voice in selecting their future homes. On the part of the government it was a discussion which, as to the question the Indians had at heart (the abandonment of their homes), could have but one result, however protracted. On our side the result was predetermined. And it has constantly been stated that the negotiations were hindered and thwarted by bad white men who did not want them to succeed but wanted the war to go on. On one occasion when they (the Indians) had agreed to surrender and failed to come out, it was announced that the reason was found to be that they had been told by a white man from Linkville that if they surrendered as required they would have to give up some of their young men to be hung, and it is so stated that the means of protecting indicted Indians from state criminal proceedings after surrender was a subject of Cabinet consideration at Washington. Gen. Canby--it was stated since his death--telegraphed a few days before that his arrangements were perfecting for surrounding the Indians, and he thought they would then surrender. Of course the Indians knew they were being surrounded--and must ultimately surrender--that in all the discussions no concession was offered them on the question of retaining their homes. They had been the victims of treachery once at the Ben Wright conference, and so far from the author of it being punished, he has been rewarded with office as an agent of the government among them, and in the present negotiations their confidence in the peace commissioners had been impaired by the influence of designing white men. It is not justice to ignore the effect of these circumstances of provocation on the minds of savages and decree a war of extermination against them while we reward the Ben Wrights with Indian agencies.
    It has been for many years the radical fault of our dealings with the Indians that while the government has visited with severity the outrages of Indians upon whites, it has failed to punish or restrain in like measure the outrages of the whites and the frauds of Indian agents and traders upon Indians. An Indian agent or trader openly boasted in Chicago a few years ago of the fortune he had made by the plunder of the Indians. The frauds at their expense have been notorious for years. The frontier abounds with men who think no more of the life of an Indian than that of a dog. If speculators find an Indian reservation contains good land and want it, they readily find means to get the Indians "removed." A wanton massacre of a whole camp of friendly Indians by whites in the southern territories occurred within two or three years--as officially reported to the War Department--yet we hear of no punishment of white men, no decree of extermination against them. If the Indians commit outrages on the whites, war is promptly made upon them--and of late the General in Chief has twice recommended extermination of "men, women & children," as in his letter of Dec. 28, 1866 to Gen .Grant about the Sioux and in the present case of the Modocs. Besides those killed in war, great numbers of Indians have been executed and imprisoned by judicial proceedings under state & federal authority for offenses against the whites. If a single white man has been punished for deeds of violence or fraud against Indians--violations of treaty--or outrages upon Indian women, such punishment has not come to my notice, nor I think to that of the public generally.
    It does not, I respectfully submit, become a great government to permit such a course of things to continue. It has the power of course to ignore these considerations and yield to the clamor of a portion of the press and people in favor of a war of extermination. But it cannot do so without being guilty of an injustice which will be condemned by the sober judgment of the people and the later verdict of history.
I have the honor to be
    Very respectfully yours
        John H. James Jr.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 75-90.  Clippings from the Sacramento Daily Record, including the issue of April 18 and 22, 1873, not transcribed.



Ferris Ranch
    April 24th 1873
Col. H. R. Clum
    I borrow the hand of a friend to say I left headquarters lava bed on Tuesday 22 inst. to boat and mouth of Lost River to Linkville. My many wounds are healing fast. My physicians are sanguine of my recovery. I shall be somewhat disfigured in person, though I hope in no way disqualified for business. My present purpose is to proceed to my home in Salem as soon as practicable and have my old friend Mr. Woodworth and M. P. Berry adjust and make up a statement of the financial transaction of this ill-starred peace commission and hope by the middle of May to be subject to your orders.
    In making up Dr. Thomas' accts. to what date shall I allow his pay.
    Judge Rosborough has made no claim to pay or expenses. Messrs. Applegate, Dyar and Case claim no pay, only for expenses. Please instruct immediately and direct Salem, Oregon. In the meantime look out for my personal interests and believe me ever your friend.
A. B. Meacham
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 306-308.



Yreka April 26th 1873
Hon. H. R. Clum
    Sir
        Yours of 1st inst. at hand. All of the items of expenses of my trip except horse hire was for road expenses of myself & horse, and the vouchers cannot be had.
    I was called by the commissioners to undertake a difficult and dangerous task, for which I make no charge for services. The account receipted by me was for the actual expense with the difference of coin & legal tenders, rating the latter at 90 cts. The commission certified to its correctness and returned me the two I sent you, he keeping the other--
    As I gave my services with the hope by personal influence to save an expensive & bloody war in which I know our people would be the greatest losers, from my knowledge of the inaccessible character of the lava bed, I having explored it before the Indians took possession--I thought the cash out would be then returned to me by some authority without awaiting action at Washington. As it is, it seems I am not to get it at all.
    I was not a commissioner, & had they paid me by voucher to them would have been all your rules require, and it seems as though that was my present position. You have the items and you must act from pleasure and I must be content.
Very respty. yours
    E. Steele
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 805-807.



Washington City D.C.
To the Honorable
    Commsr. Indian Affairs
        Sir:
            By letter of the acting Commsr. of Ind. Affrs., dated Sept. 11th 1867, the late Supt. J. W. P. Huntington, deceased, being reappointed for the Ind. Superintendency of Oregon, was instructed "to transfer to himself all public money and property remaining on hand under his old bond belonging to the Superintendency, the same to be accounted for under his new bond." On the basis of this extraordinary and unusual instruction, the sureties of said Huntington under his new bond are held accountable for a large liability incurred as they have reason to believe under his first bond. The reason for the instructions of the acting Commsr. referred to, or their validity, is not apparent, and I have respectfully to ask the Acting Commsr.'s warrant therefor.
    I am a surety on said 2nd bond.
I am sir
    Very respectfully
        Your obt. servant
            Edward R. Geary
    P.S.  After Monday next my address will be Harrisburg, Pa., till I may otherwise advise you.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1110-1113.  The transmittal is dated May 1, 1873.



Augusta [Maine] May 3 '73
My Dear Sir
    That Modoc war is getting to be a disturbing affair! Please refer me to the documents which give our dealings with that tribe, their history &c. Show precisely how we came to this pass with them & oblige,
Very truly yours
    L. M. Morrill
Hon. H. R. Clum
    Act. Comr. Indian [Affairs]
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 303-304.



Salem, Ogn. May 6th 1873
Col. H. R. Clum, Act. Commissioner Indian Affairs
    Washington City, D.C.
Sir:--Permit me to inform you that I have arrived here at home. Since leaving the Lava Bed my wounds have been healing rapidly, and I hope that within the next twenty days to be out nearly as good as new.
    I purpose being in Washington before the present month closes, at which time will submit my report.
I [am] very respecty.
    Your obt. svt.
        A. B. Meacham
            Chr. Modoc Peace Commission
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 309-310.



Headqrs. Mil. Div. Pacific
    San Francisco, Cal. May 9, 1873.
Gen. W. T. Sherman,
    Washington, D.C.
        The following dispatch from Colonel Davis just received.
J. M. Schofield
    Maj. Gen.
   
Headqrs. at Tule Lake, May 8th
Maj. Genl. Schofield,
    I sent
two friendly squaws into the lava bed day before yesterday; they returned yesterday, having found the bodies of Lieut. Cranston and party, but no Indians. Last night I sent the Warm Spring Indians out. They find that the Modocs have gone in a southeasterly direction. This is also confirmed by the attack and capture of a train of four wagons and fifteen animals yesterday afternoon near supply camp on east side of Tule Lake. The Modocs in this party reported fifteen or twenty in number; escort to train about the same. Escort whipped, with three wounded, no Indians known to have been killed. I will put the troops in search of the Indians, with five days' rations.
Jeff. C. Davis
    Col. Comdg.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1125-1130.



Copies.
Headquarters Camp Warner, Oregon
    May 11, 1873
The
    Assistant Adjutant General
        Department of the Columbia
            Portland, Oregon
Sir:
    I have the honor to acknowledge the receipt this day of memorandum instructions of April 25, 1873, from Hdqrs. Dept. of the Columbia, requiring weekly reports &c. of the situation of Indian affairs in the vicinity of this post &c. &c.
    Ocheho, chief of a band of Piute Snakes with 144 Indians, all told, has arrived here from Yainax. As our stores on hand will warrant the issue, I request authority to feed this band until it will be prudent to allow them to roam through this region, as has been their custom every spring.
    In order to prevent, if possible, any difficulty with indiscreet whites, who might mistake members of Ocheho's band for hostile Indians, I have instructed Ocheho to keep his people together near this post; this he has promised to do, and seems disposed to keep the friendly pledges he has made me. If not tampered with by disaffected Indians, I think he will do so, but under the circumstances I do not think it advisable to leave Camp Warner in its present reduced state, garrisoned by a small company of infantry, the nearest reinforcement being Camp Harney, 135 miles distant.
    For the greater security of the garrison, protection of property, stores, buildings &c. which are very much scattered and difficult to guard with less than the regular garrison, I would recommend until it is possible to return to Camp Warner its regular complement of companies, a detachment of at least 25 mounted men be stationed here, and that the company of infantry now here ("D" 21st Infty.) be filled if possible to its complement of officers and men.
    Perhaps I may be pardoned for suggesting, as I am no longer in command of the District of the Lakes, that it might be well to send here temporarily, until a company could be spared for that purpose, that portion of "H" Troop 1st Cavalry now at Camp Harney. That would leave one company of infantry and one company of cavalry at Harney, and one company of infantry and a detachment of cavalry here. An isolated post like this is in my opinion quite helpless without a mounted detachment to ensure open communications &c. &c.
    Under instructions from the commanding officer District of the Lakes, I am about to leave here for the Modoc country with every mounted man--nine in all--at Camp Warner.
Very respectfully
    Your obedient servant
        Frank Wheaton
            Lieut. Col. 21 Infantry
                Commanding
----
Headquarters Department of the Columbia
    Portland, Oregon, June 5 1873.
The
    Commanding Officer
        Camp Warner
Sir:
    I have the honor to acknowledge the receipt of your communication of the 11th ultimo reporting that, the stores on hand warranting the issue, authority is requested to feed 144 Piute Snakes [of] Ocheho's band "until it will be prudent to allow them to hunt and roam through this region as has been their custom every spring" and to inform you that the correspondence on the subject will be forwarded with the recommendation that your action may be approved by the Secretary of War.
    In accordance with the instructions given by the late General Canby in a similar case, the Department Commander directs you to restrict the issues to the lowest possible limit, and to keep an account of them distinct from the issues authorized by the regulations (See General Orders No. 54 Adjutant General's office of 1872) in order that they may be regarded as a loan to the Indian Department to be returned in kind, if the requisite authority (for which the Superintendent has been requested to apply) can be obtained.
Very respectfully
    Your obedient servant
        H. Clay Wood
            Assistant Adjutant General
----
Headqrs. Camp Bidwell, Cal.
    June 8, 1873
To the
    Assist. Adjutant General
        Dept. of California
            San Francisco, Cal.
Sir
    I have the honor to report Indian affairs in this vicinity about as usual; one hundred & seventy-eight (178) Indians drew rations this morning.
    Ocheho with his band is here, having come in on the 3rd inst. for provisions, saying he did not like to go and remain in the mountains hunting while the troops were scouting after the Modocs. Ocheho wishes me to inform the authorities that he does not intend to return to the Yainax Agency anymore, and that he will do as "Jack" has done rather than return there. He says he is a Piute, and should go to Pyramid Lake Reservation, if required to go to any. He says he has to take his people every fall to the cold, snowy Yainax Agency, and live with Modocs, Snakes and Klamath Indians. He claims this section as his native home, and where he can make a good living without aid from the government if allowed to remain here.
    He says that if he now had authority to remain in this section, winter and summer, that he would go to work and put up provisions for winter so that he could live without begging. He claims that he is made to go to Yainax in December where he is fed until the end of February, when he is turned out to beg, steal or starve, and that he is tired of living in this way.
Very respy., your obt. svt.
    R. F. Bernard
        Capt. 1st Cav. Comdg. Post
----
War Department
    Washington City
        July 8th 1873.
To the Honorable
    The Secretary of the Interior
Sir:
    In the absence of the Secretary of War and by his direction, I have the honor to enclose copies of papers relative to issues of subsistence stores to 144 Piute Snake Indians of Ocheho's band, with request that the Chief Commissary of Subsistence of the Military Division of the Pacific be authorized to procure for and on account of the Indian Service, subsistence supplies equivalent in money value to those that may have been issued to this band of Indians by the army at camps Warner and Bidwell in order that they may be returned to the Subsistence Department in kind.
    The recommendation of the Commissary General of Subsistence (in his endorsement of the 28th ultimo, of which copy is enclosed) "that G.O. No. 54 of 1872 be strictly adhered to in future and that the issues to these Indians be discontinued" has been approved by the Secretary of War.
    A copy of the general order referred to is enclosed for your information.
Very respectfully
    Your obedient servant
        W. T. Barnard
            Acting Chief Clerk
----
War Department
    Adjutant General's Office
        Washington, June 25, 1872.
General Orders
No. 54.
    In future no issue of rations or supplies will be made from the Army stores to Indians, except as allowed and restricted in the following paragraphs of the Revised Regulations for the Army of 1863:
    1202. When subsistence can be spared from the military supplies, the commanding officer is authorized to allow its issue, in small quantities, to Indians visiting military posts on the frontiers or in their respective nations. The return for this issue shall be signed by the Indian agent (when there is one present) and approved by the commanding officer of the post or station.
    1203. Regular daily or periodical issues of subsistence to Indians, or issues of subsistence in bulk to Indian agents for the use of Indians, are forbidden.
By order of the Secretary of War.
E. D. Townsend
    Adjutant General
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1165-1178.



Ashland, Oregon
    May 14, 1873.
Hon. Commissioner of Indian Affs.
    Washington D.C.
        Sir,
            About the middle of November last I received a list of objections to my accounts for the 3rd quarter 1869. The list I sent at once to O. C. Applegate, my clerk, who was at the time in the Modoc country.
    Immediately on its receipt the Modoc war commenced, and in the hurry and excitement incident to the outbreak the paper was mislaid and lost and the most diligent search has not been sufficient to bring it to light.
    I am anxious to answer the final objections so that my accounts may be settled, and if there is any additional information necessary I would be pleased to have another statement at your earliest convenience.
Very respectfully
    Your obt. servt.
        L. Applegate
            Late U.S. Sub-Indian Agent
                Klamath Agency
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 790-791.



Jacksonville Oregon
    May 15th 1873
Sir
    I desire to call your attention to the following circumstances relating to the management of the Indians in Southeastern Oregon, which has led to the present trouble with the Modocs, and which if continued will lead to trouble with the Snakes under 
Weahwewa in the Malheur and Harney Lake countries, and Chocktoot from Silver Lake, and the Piutes under Winnemucca at Steens Mountain, and Ocheho at Warner Lakes.
    These Indians have over five hundred warriors and inhabit a country equally as impregnable, and some portions more so, than the Lava Beds of the Modocs, and in extent over two hundred miles from east to west and one hundred from north to south.
    They occupied and held this country against the whites until 1868, being the most warlike of any Indians in Oregon, when Weahwewa was whipped by Col. Perry, after which Ocheho and Chocktoot's bands came in and surrendered to the military under Gen. Crook.
    Winnemucca did not surrender, and has more warriors than any other of the chiefs. Neither of these three chiefs have ever been whipped.
    The young men of these four bands of Indians are anxious for war; the chiefs and old men are not.
    War with these Indians at the present time is very different from what it [was] five years previous.
    Then they were the sole occupants of the country, and but poorly armed, and had to subsist themselves and families by gathering roots, hunting and fishing, and if they were hunted by the military in summer so as to prevent their gathering winter supplies, and then followed in winter and prevented from making raids on settlements and stealing stock, they had to succumb.
    But at present, they are well armed, better than the military, for their mode of warfare, for no government gun is suitable for fighting Indians without altering the sights. The country abounds in cattle, upon which they subsist, and if hard pressed [they] can send their families to the adjacent reservations to be cared for, whilst they fight and continue to harass the settlements.
    Five hundred warriors in the fastnesses of this country are more than equal to five thousand of the military, and [it] will take years to dislodge them.
    In 1864 the Klamath Reservation was set apart, comprising about fifteen hundred square miles, and an agency established on the east side of Big Klamath Lake, called the Klamath Agency.
    The Klamath Indians lived within the reserve, mostly at or near the agency. The Modocs were removed thereto from Clear Lake, about fifty miles south.
    The Modocs became dissatisfied, and there was another agency established on the reservation, about forty miles east of Klamath, called Yainax, and the Modocs removed thereto. They became more dissatisfied than before, and a large portion of them left and returned to Clear Lake, and the effect of trying to force them back to the reservation is the present farce, called Modoc War, which could have been obviated by pursuing a proper course with the Indians, but which now ought to be prosecuted with vigor in order to teach these and other Indians the power of the government.
    But at the same time moderation should be exercised, even toward those of the Modocs who have committed the depredations, whenever they have been sufficiently chastised, and this cry of extermination cease.
    Chocktoot with his band of Snake Indians from Silver Lake was put on the Yainax Agency, where he has remained each winter, dissatisfied, taking to the mountains in the spring to gather roots and remaining away until winter, when they would be ordered to the agency.
    Ocheho, with his band of Piutes from Warner Lake, came to Camp Warner and remained over a year perfectly satisfied. They were then sent to the Yainax Agency at the beginning of winter, where they remained until spring, and then returned to Camp Warner, and have been forced by the military each winter to Yainax, with promises of a better reservation to be located.
    Both Ocheho and Chocktoot's bands of Indians have left the agency and gone to the mountains and say that they will not return and that they will fight before they will go on either the Klamath or Malheur (Harney) reservations.
    Ocheho, with about ten of his warriors, are at Camp Warner, the remainder in the mountains, or as is most likely, the young men from his and Chocktoot's bands are with Captain Jack and the remainder with Chocktoot at Silver Lake.
    If these Indians have left the reservation without a cause, they should immediately be forced to return and not be allowed to prowl around the country, murdering and stealing cattle.
    But if on the other hand there is a cause, the matter should have been investigated long ago.
    We have partially seen the effect of a portion of these Indians leaving the reservation.
    We will now inquire into the cause of their leaving, which the Indians say is that the reservation is so cold that it will not produce, that they cannot subsist themselves thereon, and that the government does not do it, but that they do not wish the government to feed them if it will only allow them to go where they can subsist themselves.
    As I understand, it is the policy of the government to give Indians homes on the reservations and teach them to cultivate the soil and make them self-sustaining as far as practicable and civilize them, which policy is good if properly carried out.
    But if the reservations are so cold that they will not produce, how can the Indians live by cultivating the soil and the policy of the government be properly sustained?
    Here is a matter, and a question, which should be immediately investigated in order to do justice to both Indians and government, and to prevent the settlers on this frontier from being at the mercy of the savages, perhaps for years.
    If this matter is investigated, it will be ascertained that the Indians are right in their assertion, for it is a well-established fact that there is not a section of land within the entire reservation upon which a white man can subsist a family by agriculture, or upon which grain can be successfully grown, on account of frosts every month in the year.
    At the time the Klamath Reservation was established, there was no person to blame for placing it where it is, as they did not then understand the climatic influences on particular localities, but after having tested it for six or seven years, and after having had full knowledge of its unfitness, there should have been a different course pursued, for the welfare of all parties concerned.
    The Malheur (or Harney) Reservation is no better than the Klamath, unless there may be a very small portion on the North Fork of the Malheur where the agency is established, and that does not embrace the one hundredth part of the reserve, and there is no timber within ten or twelve miles of this agency. But within a short distance of this reservation there is a fine, large, unoccupied valley, with plenty of timber and water, suitable for a reservation.
    There is also an unoccupied country near the Klamath Reservation, suitable to the growth of wheat, rye, oats, barley and corn, also watermelons, muskmelons, squashes, potatoes, onions, beets, parsnips, carrots, turnips, cucumbers and tomatoes.
    This last is the country to which Ocheho and Chocktoot are anxious to go, and I am also satisfied that Winnemucca would like to go with them on a reservation there.
Respectfully
    Yours &c.
        Wm. K. Ish
            Jacksonville
                Oregon
Hon. C. Delano
    Secretary of the Interior
        Washington City
            D.C.
   

Jacksonville Oregon
    May 31st 1873.
Sir
    In reference to my letter to Secretary Delano, please allow me to state that there is nothing contained therein that is not true, and which can and will be substantiated by me if required.
    I have been on this frontier for twenty-three years and have spent the greater portion of the last eight years in the region of country mentioned in my letter, and am the only white man who is thoroughly acquainted with it and the climate thereof.
    I desire to call your attention to these facts, that, running up to within one mile of Fort Klamath, and within three of the Klamath Agency and off of the reservation, lies over fifty sections of smooth, clear bottom lands ready for the plow, and not one settler thereon, that there is a flouring mill at the Klamath Agency, that there are a large amount of occupants bordering the southern portion of the reserves from twenty to fifty miles from the fort and agencies, and that the grain and flour for Fort Klamath and the flour for the Klamath and Yainax agencies and the entire settlements has to be furnished from Rogue River Valley one hundred miles distant, and furthermore that Camp Harney, which stands near the center of the Harney or Malheur Reservation, has to be supplied by freighting the grain and flour over one hundred miles from the same cause.
    The management of these Indians on the part of the government has been bad. It invites settlement without making any previous arrangement with the Indians. The pioneers go into the Indian country with their stock. The stock in the spring feed upon the tender shoots from the roots upon which the Indians subsist, and these fail to seed, and no more grow. The Indians have naught upon which to live, and kill the stock for a subsistence. The pioneers and Indians kill each other. The government pitches in and kills and subdues the Indians, and takes their country and pays them nothing for it.
    The Indians have robbed the pioneers, and the government have robbed the Indians.
    The government then places the Indians on lands that it does not want, and upon which they cannot subsist, and the pioneer and Indian eke out an existence as best they can. The government sells the best of the lands and pockets the money. It is all wrong, and can and ought to be remedied.
    I saw Mr. Brunot about three years ago in Portland, at the office of the Oregon Steam Navigation Company, and called his attention to the Indians in this section of country, and he informed me that it was impossible for him to visit them before returning to Washington.
    There is much other information that I could give you, had I time and space, but I think it would be unnecessary, as Gen. Wheaton has been reinstated and the Modoc trouble will soon end as he is a favorite with officers, men and citizens, and will inspire confidence, and after the trouble the Indians will be forgotten.
Your most
    Obedient servant
        Wm. K. Ish
To
    Hon. Edward P. Smith
        Indian Commissioner
            Washington City
                D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 104-115.



Copy.

Hdqrs. Fort Klamath, Ogn.
    May 21, 1873.
Asst. Adjt. General
    Hdqrs. Dept. Col.
        Portland, Ogn.
Sir:
    I have the honor to report that Allen David, chief of the Klamaths, with all the headmen of that tribe, voluntarily visited me, accompanied by Mr. Dyar, Indian agent at Klamath, on Saturday 17th inst. For the purpose of assuring me of the friendly feeling emanant from that tribe towards government and their white neighbors. Allen David informed me that not only would he endeavor to keep Indians of other tribes from tampering with his people against the interests of the government, but that also he would keep under surveillance any of his people who might become suspected of disaffection.
    The only dissatisfaction that was expressed during the visit was personal and came from the chief, Allen David. He complained to me that his own interests suffered greatly, in his giving most of his time to the hearing and settling of grievances in his tribe, so that he could not attend to farming, acting--as I look upon this matter--in the capacity of a justice of the peace. He therefore suggested that government should pay him $300.00 annually, as an equivalent for the loss of time. "For (to use his own words, which were to this effect) I have spoken with chiefs from other reservations, who told me that government paid them for similar services." And I most respectfully state that I think such a payment would be of great service to the government, as it would thus secure to its interests the Klamath tribe. For should Allen David, with a view to his personal interests, neglect his magisterial duties and the well-being of his tribe, then it would be probable that his people would become discontented and quarrelsome within themselves, and in so becoming, become the tools of disaffected Indians. I have been informed since the visit of the chiefs by Mr. Dyar that Allen David told him that unless government remunerated him (Allen David) for personal loss, he would in a short time be obliged to give up the aforementioned duties, an act that he is averse to if possible to avoid it. I do not look upon this as a threat from Allen David to the government for the purpose of his being paid, but rather as a friendly warning relative to probable events, from a man who finds that he cannot much longer neglect his personal welfare. I informed Mr. Dyar that I would represent the matter to department headquarters for the action of proper authority.
    I believe in the good feeling of the Klamaths towards the government, and I think that as long as the authority of Allen David is recognized and respected by them, that there is no danger to be apprehended from that tribe.
I am, sir, very respectfully
    Your obedt. servt.
        Rob. Pollock
            Capt. 21st Inf. Comdg.
----
Endorsements.
Headqrs. Dept. of the Columbia
    Portland, Ogn., May 30, '73.
Respectfully referred to Honorable T. B. Odeneal, Superintendent Indian Affairs, for his information and remarks upon so much as relates to payment to Allen David for his magisterial services.
    This, of course, if allowed, must be paid by the Interior Department. In this connection, General Hardee informs me that the squaws Artena and Dixie have reported that the Hot Spring Modocs assert that Allen David told Jack that the peace conference was a scheme to capture them and subsequently hang them, or words to that effect.
    By command of Colonel Jeff. C. Davis.
H. Clay Wood
    Assistant Adjutant General
----
Office Supt. Indian Affairs
    Salem, Oregon, June 2, 1873.
Respectfully returned to the Asst. Adjutant General.
    Nearly all the treaties with Indians provide for the payment of salaries to one or more chiefs, but there is no such provision in that made with the Klamaths. Having no funds at my disposal applicable, I shall present the case of Allen David (who is well disposed and a man of great influence with his people) to the Interior Department, with the recommendations and hope that his claims may receive favorable consideration.
T. B. Odeneal
    Supt. Indian Affairs
        in Oregon
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1151-1159.



Gardiner, Oregon, May 22, / 73
At a meeting of the citizens of Gardiner precinct, held this day, to take into consideration the propriety of having the Indians removed to the reservation, [we] have concluded to request the agent to have them all removed to the reservation, where they properly belong. We are placed in a very critical position at the mouth of this river, surrounded by hills & brush and being very deficient in arms, and in a very sparsely populated country. From their maneuvers about here they intend mischief; they are very saucy and have commenced stealing and making threats, and placed in our fix it behooves us to be on the alert for any approaching danger. We therefore most respectfully request you to have them removed from here as soon as possible, and not allow any to come back until we are satisfied it is perfectly safe for them to do so. We will give you sufficient time to have them removed, say until we can hear from you, and if not removed after a reasonable length of time, we intend to resort to violent means for their removal. We intend to give them all notice to leave in a week from this date.
Yours most respectfully
E. H. Burchard C. Adams
J. B. Leeds Charles Smith
C. M. Clark J. Q. Blin
John F. Clarke W. B. Piper
Jas. McCahey John Grills
Edward Breen John McLean
Peter Nelson Thomas C. Reid
W. W. Cox Geo. Morse
John A. Murray W. W. Haines
J. S. Roberts G. S. Hindale
J. R. Blackwell A. E. Ozouf
NARA Series M2, Microcopy of Records of the Oregon Superintendency of Indian Affairs 1848-1873, Reel 30; Miscellaneous Loose Papers 1850-1873.



Department of the Interior
    Office of Indian Affairs
        Washington, D.C. May 26, 1873
Sir:
    I am in receipt of your letter of the 8th instant, enclosing communications from agents Dyar and Sinnott in regard to the condition and wants of the Indians under their charge, and would say in reply to that portion of Agent Sinnott's communication asking that permission be granted him to use the sum of $2,000 of the funds that have accumulated to the credit of the "Molel Manual Labor School" and the "Umpqua School Fund" for the purpose of maintaining the Indians at his agency, that the money referred to by said agent can, with the consent of the Indians, obtained in the usual manner, be used as desired by him.
Very respectfully
    Your obedient servant
        Edw. P. Smith
            Commissioner
T. B. Odeneal, Esq.
    Supt. Indn. Affairs
        Salem
            Oregon
NARA Series M2, Microcopy of Records of the Oregon Superintendency of Indian Affairs 1848-1873, Reel 27; Unregistered Letters Received, 1870-73.




    At your request, I subjoin a brief statement of my recollection, knowledge and intercourse with the Indians since my leaving the East in the spring of 1850. Crossing the plains that summer, whilst suffering much with other emigrants by short feed for my stock and loss of supplies in our train, I had no trouble with the Indians. Others did, but I saw or thought a cause with themselves, or with some that had shortly preceded them for it.
    On the south fork of the Humboldt, I, with a Mr. Smith, since dead, went into a large village of Shoshones, to look for a mule belonging to a sick man, lying upon the plains. After considerable parley they allowed us to examine their stock, but we found none to answer the description of the one wanted. We found stolen cattle, taken from a train ten days before, but they claimed the owners of the train had commenced the aggression, and that they had these in retaliation. They treated us well and frankly, and we returned to our train in the evening. This was the only incident within my personal observation whilst crossing the plains.
    On arriving at California, I located in the mines near Shasta City, where I worked with the pick and shovel until January 1851, where with Genl. Joe Lane I came to Scotts Bar, in this county, where I arrived in February of that year.
    At the foot of Scott Valley we found a numerous tribe of Indians who were friendly and came into camp, and among the rest a young Indian of fine appearance, the brother to the chief we named "Jim." These Indians had a custom of wearing beads & ornaments in their nose. A young man of the train had a brass padlock, which, unbeknown to others of us, he locked into the nose of this young Indian in the next evening, who considered it a fine present.
    The next morning he came into camp, his nose much swollen & unable to relieve himself of the ornament. He applied to his supposed friend for relief without success, when, my attention being attracted to the matter, I compelled his release, which attached him and his tribe to me until this day.
    Shortly after that, with a Mr. James McCummings, now living, I think, in Northern Illinois, and another man whose name I have forgotten, I went on a prospecting tour via Shasta Butte to the western confines of the Modoc country. We passed unmolested through the Shasta Indians, there very numerous, & into the Modoc country, and thence back to Yreka. This was in March 1851. The term Shasta is, I think, attached to this tribe from their residence in the so-called Shasta Valley, as Scotts River, Rogue River &c., is the distinguishing term for those living in those valleys.
    When I first came here the Indians inhabiting the lower end of Scotts Valley, thence to and up the Klamath River to the eastern line of Shasta Valley, the Shasta, the Yreka and the Rogue River Indians, all talked one language and claimed to have been formerly under one chief, but were then subdivided into quite a number of tribes, the Scotts Rivers under Chief "John" (as we called him), the Yreka Indians under "Tolo," the Shastas under "Scarface," the Siskiyou Mountain Indians under "Joe and Sam."
    These names were all given to them by the whites. Tipsu Tyee and the Rogue River Indians under "Joe and Sam."
    The Klamath Indians, then known as La Lakes, inhabiting that district of country around Big Klamath River Lake & north of Klamath River and west of Link River, talked a language peculiar to themselves, and also understood the jargon. The Modocs, inhabiting the country south of Little Klamath Lake and around Tule Lake, east of Goose Nest Mountain and west of Goose Lake, also conversed in a language peculiar to themselves, and knew but little of the jargon.
    Those of the Upper Scotts River and the forks of the Salmon River, yet another language, those of Trinity River and Upper Sacramento yet another. This last tribe were more of the Digger in form and appearance, were very thieving in their disposition, and would commit murder for plunder when they could come upon one by stealth. Many of our people suffered in life and property from them, although by watchfulness I passed very frequently through their country unharmed.
    They inhabited, in addition to Trinity and Sacramento Canon, a portion of McLeod or Loud River and Lower Pit River, and were as miserable a set of Indians as I ever saw. In June 1851, the man that went out with Mr. McCummings and myself organized on Scotts Bar a company to go to the Modoc country for horses, and took from these Indians, as near as I now recollect, sixty head, and as it was reported--but of that I have personal knowledge--some children, which they gave to their friends for servants. In the spring of 1852, whilst I was in the lower country, a difficulty arose between the Indians of Lower Scotts Valley and the settlers on account of the murder of a white man from Scotts Bar by Indians on Indian Creek, a tributary of Scotts River. A company was organized, and a fight ensued in which Capt. Whipple, now of the regular army, received a serious wound in the side. I happened to return home at that juncture, and in passing down Scotts Valley alone I found the Indians in great commotion and, upon inquiry of them as to the cause, hearing their version, told "Tolo," Chief John and others to come to me at Johnson's the next morning for a talk. Getting to Johnson's, I found it surrounded by a stockade, and all the inmates in great fear and also in wonderment at my coming through the Indians unharmed. The next morning, agreeable to appointment, the Indians came in, claimed that it was none of their Indians that committed the murder, but a couple of young men from Rogue River, then stopping with the Shastas. They then gave me as hostages Tolo, Jim and another Indian, who were to go with a company I should raise to capture the murderers, or on failure to be dealt with as I should say was right. With our Indian prisoners or hostages we came to Yreka, where we found the people under great fear and excitement, and it was with difficulty that we could prevent an excited mob from taking our Indians and hanging them. Next morning, with the addition of a few more of my friends at Yreka with our Indians, we followed in the chase. Proceeding to the canon of the Shasta River, we found all of the Indians of that branch of the tribe under great fear and after much difficulty, by sending Tolo out as a runner, we got them together on this occasion. A powerful spyglass of which I had, & of which then they had no knowledge, by which I could see their Indians on the hills far off, had a wonderful influence on their superstition and aided in their control. We remained with them all night and during the talk learned that they had driven [the] Indians out that had committed the offense for fear of bringing trouble upon themselves, and that the aggressors had gone to Rogue River. These Indians proposed to exchange two of their Indians, whom they said were acquainted with the passes of that country, for the ones we had, and we to continue the pursuit. Some of our men thought it was mere pretext to evade the responsibility, but a few of us, ten in all (one of the number being another Indian), resolved to accept their proposition. Frank Merrit (now with McConnell and Mr. McManus of Yreka), Dr. Thompson (I think now in the employ of some of the Departments at Washington, D.C., at least he was five years ago), and General James Bruce of Oregon, are all that I now know the existence of that [experienced the] event with me. We received two bright, active Indians whom we named Tom & Jack and released our other hostages and proceeded on our way to Rogue River.
    On crossing the Klamath River we learned that the whole Rogue River country was in arms on account of a demand made by Old Chief Joe of a white girl for a squaw for his son, and of his threats if the demand was not complied with. On arriving near the foot of the Siskiyou Mountain we met an Indian of that tribe coming over as a messenger to the Shastas to persuade them to join the Rogue River Indians in extermination upon the whites. As we came upon him before he saw us, we readily surrounded him and asked an explanation of his visit (which was unusual) and the meaning of his hostile attitude. He refused to talk, when I ordered him to give up his arms and go back with us to his tribe and the Indian agency at Rogue River, which he refused to do, I then told Mr. Galvin (now dead), a powerful young man, to take from him his weapons and tie his hands that we might take him back. Upon Mr. Galvin undertaking to do so the Indian wrested a pistol from Galvin and turned and shot at me, cutting the mane of my horse's neck, and then fled. He went but a short distance when a bullet sent him home. On arriving at Cole's, a short distance above, we found two men that were unarmed that this Indian had forced to march ahead of him until they came in sight of Cole's house, when the Indian passed around by a circuitous route and left them. We then continued our journey over the mountains in the night and early in the morning discovered an Indian on the trail, whom we took prisoner and kept with us. On arriving at the Mountain House on the Rogue River side we met some gentlemen on the way to Yreka for aid, and notwithstanding we had ridden all night, at their request we pushed on to the Big Bar, on Rogue River, where it was said the Indians had congregated. Shortly before reaching our destination we met the Indian agent, Judge Skinner, who asked us to pass on and camp at the river until he could come back next morning in the hopes of adjusting the matter. On our passage from thence to the river we met one of Joe or Sam's sons, I do not justly know which, heavily armed, passing out toward the other tribe. We took him prisoner and held him as a hostage with the other prisoner. On the next day the agent made his appearance. In the meantime one of our Shasta hostages had espied across the river the two Indians that we were looking for. We found at this point about one hundred & fifty citizens of Rogue River on one side and between two and three hundred Indians, all well armed with guns, on the other side of the river. After a long parley, in which we demanded the two Indians we were after in place of our prisoners, the agent ordered me to give up my prisoners and all of the white men to stack their guns fifty paces back & allow the Indians to come into council with their arms in their hands. This order I repulsed for our company to comply with. The Rogue River people stacked their guns, and a large number of Indians came over and were disposed to dictate all the terms of settlement. In a short time it was discovered that they were sheltering themselves within the range of their guns, whereupon the others on our side resumed their weapons, and in a short time the Rogue River company divided, one division to go on upper crossing and the other to a lower crossing, whilst our company should engage the Indians at that point. As the other companies left, leaving our small company, now increased by three or four from Jacksonville, among whom was Mr. Wm. Burgess, now of Nevada, the Indians assumed a hostile attitude and the fight commenced, we killing thirteen of them and losing one man, wounded, of which he afterward died. We charged so rapidly on the Indians that they broke and ran, and as was supposed dispersed into the settlement in the valley, whereupon the company from that valley immediately started to cut them off and protect the settlers. This left us exposed, and an open plain to cross before passing into a thicket, which the Indians discovered and recrossed the river with the purpose to ambush us there. Fortunately a gentleman by the name of Clugget [Clugage?], knowing the locality and danger to us, took shelter in the thicket and killed the foremost Indian, which created consternation in their ranks, & we escaped. That night we guarded the family of Mr. T'Vault, now deceased, but whose family yet reside in Jacksonville. The next day it was found that the Indians had moved up to the head of Rogue River [more likely the head of Bear Creek], and it was arranged for the Oregon volunteers to take their position at the foot of Table Rock whilst our company, increased to twenty-one, of whom were Wm. Burgess of Nevada & Geo. C. Pierson of Boston Heights, should pass up the river in the night and, if possible, drive the Indians back the next day. Daylight found us at the head of the river, or nearly so, and above the Indians, and we commenced beating the bush and forcing them down until they were forced upon the company below, where the Indians called for a talk, which was had, and satisfactory terms were made without more bloodshed. The Indians we were after had, in the meantime, escaped and started back across Siskiyou Mountains, to join Tipsu Tyee's tribe. My men in the fight captured two Indian ponies. I have been thus prolixing the statement of this affair, inasmuch as for rendering those people this service at that time and at their request, I was branded by this Agent Skinner, in an official report, as a leader of a band of horse thieves who had come over and made disturbance with Indians then in peace with whites. Then, as I do now, under the charge of Superintendent Odeneal, I held myself in readiness to appear before the district court of the United States to answer any charge of crime they can present against me. I did and do object to false official reports and newspaper libels to blacken my name, with whom I have not the pleasure of a personal acquaintance. But I have digressed. After learning that our criminals had escaped, through our Indian hostages and guides, we struck their trail and started again in pursuit, our company reducing itself down to its original number. Recrossing the Siskiyou Mountains, we fell in with Ben Wright who, learning from a squaw with whom he was living that these Indians had taken that course, he, with a band of Shastas, had started in pursuit and intercepted and captured them. We came in together and took the Indians to Scotts Valley and there gave them a fair trial, proving their identity by both white men & Indians, and the Indian testimony and their own story, all of which was received in evidence. One was found guilty, and the other acquitted and set at liberty. Our present Superintendent of Public Instruction, Professor G. K. Godfrey, was one of the jury. During our absence the people remained under great excitement, as all kind of rumors were afloat, and our company was so small, and I had started into a country inhabited by hordes of wild Indians, and those of Siskiyou Mountain and Rogue River Valley notoriously hostile and warlike. Old Scarface of the Shastas, learning of the difficulty at Rogue River, contrary to advice given him when we left, had come out from the canon, appeared on the mountain lying east of Yreka, as the Indians afterward told me, for the purpose of letting the whites know the trouble, as the roads were waylaid by the Indians on the mountains so that travelers could not pass. As soon as he was seen a wild excitement ensued and a company started in pursuit. Scarface, seeing the danger, fled up the Shasta Valley on foot, his pursuers after him well mounted. After a race along the hills and through the valleys for about eighteen miles, he was finally captured and hung upon a tree at what is now called Scarface Gulch. His son Bill then became chief of the branch of the tribe as successor to his father, in an usurped authority, in the fight for which he had received the wound in the face, whence the scar which gave him the title among the whites. Peace was then restored, and all things seemed to be moving on finely, and I with a few others started out to find a trail over the mountains from Rogue River Valley to the coast. This was a very rugged trip, but was finally successful. On coming near the coast we found a band of Indians & squaws gathering berries. We took the Indians as prisoners and held them as hostages for good behavior of their tribe during our investigations. From them we learned that a company had been up by a boat from San Francisco exploring the bay & had all died, or as we believed been killed by the Indians, they wearing some of their clothing. When we started back we took our prisoners up to the top of the mountain, where we thought ourselves safe, and then sent them back, and we returned by the way of Klamath River to Yreka, passing through a great number of Indians, but without any trouble. We had got out of provisions, and when at the mouth of Salmon River we made known our destitution to the chief, Euphippa, he took his spear and caught us some fish, but would take no pay. Afterwards he came to Scotts Valley to call upon me several times. After my return to the valley the young Indians we had as hostages on the river hunt came and desired to live with and work for me. I took Tom and kept him until about the time of his death, he leaving whilst I was at Rogue River on business.
    In 1854 or 1855 there was one more excitement in Scotts Valley by the whites fearing an attack from the Indians from the fact that they had held a dance and gone back into the hills. Here it may be well to state a custom among all those upper country Indians which, not being generally understood by our people, has led to much difficulty. It is [that] at the commencement of the fishing season, and at its close they held what is called a fish dance, in which they paint and go through all the performances of their dances at the opening and closing of war. They also hold a harvest dance when the fruits and nuts get ripe, but this is of a more quiet character, more resembling their sick dance, when they try to cure their sick by the influence of the combined mesmerism of a circle of Indians, in which they are in many instances very successful. But to return to my subject. Hearing of the gathering of the whites, and knowing the danger to our people & property if a war was then inaugurated, I got on my horse and rode to the place of rendezvous. After consulting it was determined to fall upon the Indian camp at about daylight next morning, as it was thought that at that hour they could be mostly killed and easily conquered. I returned to my house, took my young Indian, Tom, and started, by a circuitous trail in the mountains, for the Indian camp & before morning had them all removed to a safe place. In a few days all fears were quieted and harmony restored without loss of any lives or destruction of property. About this time a young Indian from Humbug Creek, visiting the Scotts Valley Indians, had stopped at an immigrant camp and stolen two guns. Word was brought to me. I sent for Chief John and required him to bring the guns 
& Indian, which he did. I tied & whipped the Indian and then let him go. Late in the fall, afterwards, I was sitting near the top of the mountain back of my then house, witnessing a deer drive by the Scotts Valley Indians on the surrounding hills, when I heard a cap crack behind me in a clump of small trees. Getting up and immediately running into the thicket, discovered an Indian running down the opposite slope of the mountain. I returned to my house & sent Tom after Chief John and from him learned that when he left this Humbug [was] there. I directed him to bring him to my house, which he did next morning. The Humbug Indian told me it was not the first time he had tried to kill me, but that his gun had failed him, and now that he & all the Indians thought that I had a charmed life. I gave him a good talk, which impressed him much, and then unbound him and told him to go and do well thereafter. He was never known to do a bad act afterwards, but was finally killed by the Klamath Lake Indians about a.year afterwards in an effort to recover some guns stolen from some people on Greenhorn Creek. All these things tended to establish with me a great control over these Indians in these valleys. During this time Judge Rosborough, now our district judge, came up here as an Indian agent, and for a year or more made his home with me. In his whole intercourse with the Indians he was scrupulously careful to do exact justice toward the Indians, and compel a like care by both our people and the Indians toward each other. This led to a better acquaintance on my part with the Klamath Lake & Modoc Indians, who came several times to see him. After that my business occupying my whole time, it was only occasionally that I saw any of the Indians to hold conversation with them, & then only when called upon to settle some difficulty among the tribes, or between them and our people. During this time, & if my memory serves me right, in 1855, the Shastas, for some cause unknown to me, became hostile and took refuge in a cave on the north side of Klamath River & about 35 miles from Yreka. They then were quite numerous, well armed and skillful in the use of the gun. Here they repulsed a large company of volunteers with heavy loss to the whites, and finally two companies of regulars were driven from the field. Learning of the difficulty, and judging the Indians were not wholly to blame, I proposed to Lieut. Bonnycastle, then stationed at Fort Jones, and Judge Rosborough to accompany me, and with Tolo and another Indian to visit their camp and arrange terms of peace. We went and spent two days with them before arriving at a solution of the difficulty. During this time they several times pointed their guns at us with a determination to shoot, but as often were talked into a better turn of mind and finally agreed to go & live at Fort Jones and remain in peace with the whites. The third day thereafter was settled upon for their removal, when Bonnycastle was to send a company of soldiers to escort and protect them in. The next day a white man, who had a squaw at the cave, went out unknown to us & told the Indians he was sent for them, and thereupon they packed up and started for Fort Jones with him, one day ahead of time agreed upon. On their way in at Klamath River, about 20 miles from Yreka, they were waylaid, and their chief, Bill, shot from behind the brush and killed. They kept their faith nevertheless and came in, when I explained it so they were satisfied. This was known to the Modocs, and they talked of it on my last visit to the cave. Occasionally thereafter I was applied to only on matters of trifling moment and easily arranged, until my appointment to the Indian Superintendency, in the summer of 1863, for the northern district of California. In this narration I have passed over several Rogue River wars without notice, as I had nothing to do with them, also the Modoc war of 1852, which took place whilst I was away at Crescent City, therefore all I know of that was hearsay, but I know it was generally known that Ben Wright had concocted the plan of poisoning those Indians at a feast, and that his interpreter Indian, Swill, had exposed to the Indians, so that but few ate of the meat, and that Wright and his company then fell upon the Indians, and killed forty out of 47, and one other died of the poison afterward. There is one of the company now in the county who gives this version, and I heard Wright swearing about Dr. Ferber, our then druggist (now of Vallejo), selling him an adulterated article of strychnine, which he said the doctor wanted [sic] to kill the coyotes. That the plan was concocted before they left Yreka defeats the claim now made for them that they only anticipated the treachery of the Indians. John Schonchin was one of the Indians that escaped and in late interview then he made this as an excuse for not coming out to meet the commissioners. The story of the Indians corresponds so well with that I have so frequently heard from our own people, before it became so much of a disgrace by the reaction, that I have no doubt of the correction in its general details. At the time others, as well as myself, told Wright that the transaction would at some time react fearfully upon some innocent ones of our people, but so long a time had elapsed that I had concluded that matter was nearly forgotten by all, and nothing come of it until the night of my second visit in the cave, when Schonchin would get very excited when talking of it as an excuse for not going out. The history of that night you have probably seen as it was given by article B, the Sacramento Record and San Francisco Chronicle, for which paper he was corresponding, he was made wild; he was with me the whole time after. A final peace was made with the Modocs, but the year is now out of my mind, but about 1857 or '58 they came to Yreka with horses, money and furs to trade & get provisions and blankets. On their way out they were waylaid at Shasta River, as was claimed by Shasta Indians, and several killed, robbed and thrown into the river. Many of our citizens thought white men were connected with this murder, and it is probably so. The Shasta Indians retreated; they claim that but few of their people were engaged in the massacre, but it was mostly done by the white people, in their negotiations for peace in the spring of 1864 mentioned hereafter.
    But to return to the thread of my history. On taking possession of the Superintendency in Sept. 1863, I found the Klamath Lakes, the Modocs and the Shastas in war with each other, the Humboldt and Mendocino Indians in war with our people, the few on the reservations naked and dying of starvation, and truly a heart-rending scene. As soon as possible I furnished relief, and after the second day none died of hunger or want, and in a short time I had the Humboldt war closed, the Indians, as far as desired, on the reservation and cheerfully at work, and the next July found the products of their labor equal to all of their wants. For the next year I was then legislated out of office by Mr. Conness (our Senator), Mr. Lincoln having refused to remove me at his request. In the spring of 1864, on returning home from a trip to San Francisco, I found my lot adjoining my house south of Yreka (since burned) filled with Indians of the Modoc, Klamath Lake, Shasta, Scotts River, Salmon River, Klamath River and Sacramento River tribes, numbering several hundred and awaiting my coming. My wife had been lecturing them upon the best way to live with each other 
& with our people, and that they were more than ready to enter into treaties with each other and with us. The work left for me to do in arranging all matters was light, and two days found all happy and friends. At this time all were so well pleased that they agreed that I should be the chief over them all and when any difficulty arose among them that it should be submitted to me, and my decree should be binding. This proposition came from Capt. Jack, the chief of the Modocs, and was cheerfully agreed to by all. I called quite a number our citizens to join in the treaty, and from that day to the outbreak of the war they have troubled me with their difficulties, which have generally been decided to their satisfaction. After I was removed from office and Rosborough was on the bench, I frequently persuaded them to go to him, as he was the Boston Tyee, and they always looked upon him with great respect. So,amongst us we have managed to keep peace until last November. As to the charges through the Oregon papers and the reports of Superintendent Odeneal that I advised them to leave the reservation, or that I advised them to remain off the reservation, or to resist the authorities in trying to take [them] back, or that I at any time gave them encouragement of being able to cope with the soldiers, or that by any act or word of mine they have been induced to commence or continue this war, or that I am or have [been] a squaw man, or that I have or had half-breed children in the lava beds or elsewhere, or that I have had intercourse with squaws, or that I was a spy in favor of the Indians, advising them of the movements of the troops, or that I advised them or encouraged Gen. Canby, Mr. Thomas, Mr. Meacham or others to go in the lava beds to meet Capt. Jack & tribe in council, or that I have written letters to Capt. Jack or other Indians, or that I ever proposed to marry Queen Mary, or that I ever wrote any letter of the kind certificate [sic] to by a Mrs. Lehira, or that she ever saw any letter from me of the import of the one she certified to, is simply and unequivocally false, severally & collectively, and the authors of these several charges, whoever they are or may be, are low, contemptible cowards, spending time in secret in trying to traduce the character of one they do not know and would not if they should meet him on the street, and further, here, where I have been known for twenty years, they could not find one respectable witness that would make either or any of those charges, and much less swear to them or any one of them. Now a few words as to the facts in the case. Some time after Capt. Jack & party had left the reservation, they called upon me and stated what they had done on the reservation (all of which have been confirmed to me by Mr. Meacham and others) and why they left, claiming that, instead of feeding them there, they had been obliged to kill their horses for food or starve, and instead of a pair of blankets only one or, as they called it, half a blanket had been given to each of the adults, and but half of that to each of their children, and those of a very inferior quality. They looked very squalid and poor, more so than I had ever seen thern before or since. My advice to them was, and always had been, was to return to the reservation, and further that the officers would compel them to go. They replied they would not go, and asked why the treaty that I had made with them, when I was Superintendent of the Northern District of Cal., then supposing the state line includes their village at the fishery, was not lying [living?] up to. They said they were to give up all the balance of their lands, would ask nothing for it, would take care of themselves, as fish and fowl were abundant there, and that white men's cattle might graze there and they would not disturb them, and that when people came there to cross the river they would assist them. I told them they had made a new treaty with the Oregon agency since sold their lands, and that done away with the one. Jack said that he did not agree to it, but old Schonchin did, but he was no chief, but he finally went to the reservation, as they made him such good promises, and all his friends wanted him to go, but when he got there he said none of their promises were kept. I frequently urged upon him the power and number of our people, and that it would be folly to resist, all to no response. I have written several letters for him to the settlers in which I stated his words to them, as he said that there were many that could not talk to him or he to them, and that he wanted them to know that he was determined to be a friend of the white people, and wanted to learn their way of living. Always when he came to town, when I was home, he called and stated his purpose in visiting Yreka, at which times I would advise him not to let his men and women get whisky or remain in town after sundown. That some did remain and did drink whisky is true, but they were generally women that were claimed by and living with white men, either in the vicinity of Yreka or on the frontier, and would come here and would meet with relatives and tribe. I have never known Jack to take a glass of liquor in my life, and I have known him to whip his men for taking it. After trading they uniformly came to bid me goodbye, and ask a letter to pass them back to their country, so that if they should meet strangers they could show them that it was all right, and they need not be afraid. All this put me to much trouble, but for which I received no compensation from any source. As for my being their attorney, it is simply absurd. All my acts were in the cause of humanity, and to avoid, if possible, any collision with our people, as I knew them, and [k]now if properly managed there was no cause [omission], for one white settler frequently came in from their country and corroborated their stories, and all that I saw gave them a good character. In the fall of 1871, the first time for twenty years, on my return from a business trip to Surprise Valley, in the country of the Modocs company with Mr. H. C. Ticknor, I came through the country of the Modocs. We had to sleep out one night, which we did at the foot of Tule Lake. In the morning early we started for Miller's (since killed by Indians), ten miles distant, to get some breakfast. We found Miller out at the time, but his house all open, and no way to close it up. Miller soon came in, and set about boiling us some coffee. I found he had a good supply of flour, bacon, beef &c. &c. on hand and in that open cabin, and asked him if the Indians did not steal from him. He replied he had been there several years and had always left his cabin open in that way night and day and had never lost anything by the Indians that he knew. That the Indians provided for themselves by fishing and hunting, and the only fear he had was that the reservation people would try to remove them and would [start] a war in which settlers would be sacrificed, for, said he, they are determined to die rather than be taken back to the reservation, and you know how inaccessible portions of the country is, and if an outbreak should occur it would be a severe struggle in which many valuable lives & innocent people would be lost. How well he prophesied. And he & Brotherton, good men and as good friends to the Indians as any, fell victims to this ill-advised project. Passing to the Indian village we found only a portion of the tribe there; the balance of them went with Capt. Jack, having come to Yreka to purchase their winter supplies. The few that were there expressed a fear that the soldiers were coming after them and wished to know if I knew anything about it. I did not, but tried to quiet their fears by telling them that the big chief would send a man to tell them when he wanted them to go. Coming into Ball's Ranch, the like character was given to the Indians as by Miller, and about dark Capt. Jack and company came & camped close by. On their return from Yreka, whilst talking with Jack, he expressed fear of trouble because a white man had come and settled in their midst and claimed their land, and said he was all the time quarreling with them. I advised him to go to the soldier chief at Fort Klamath and get him to furnish protection. In 1872 I came past there again and found the Brothertons settled near Miller's. Mrs. B. & the children only were at home, Mr. B. & Mr. M. being absent for winter supplies at Rogue River. Mrs. B. then told me that the Indians were very excited because they had been told they were to be taken back to the reservation. I remained there all night. The next morning, before leaving, a squaw came along & upon inquiry [I] learned that Capt. Jack and his men had gone south, & she expressed wonders that I had not met him. As we did not, he must have turned off of the road & gone to the lava beds. Shortly before this, Mr. Miller had been to Yreka to procure my professional service in making application for a tract of swamp land lying near his residence, but which as yet had not been surveyed. I made out his application, and sent to Mr. Varnum, our county surveyor, in accordance with our laws. After finishing business he spoke on the Indian matter again, and said one Monroe and they were having much trouble, and that Monroe wanted their land & had applied to the Indian Department to have them removed, & that he feared it would cause a war, & that the lives of the settlers would not be safe, as they determined not to return to the reservation. He wished to know why, as they were industrious & peaceable, [they] could not be allowed to take up farms there as others did, & remain. I told him my opinion was they could if they would give up their tribal character, pay taxes & improve the land. He said that was what they wanted to do. I then told him I would make the application for them to the Department & get their answer. I did not immediately sit down to work, as other business was pressing, but thought I should see him the next morning, but before leisure presented he had returned home. Soon afterward the Indians came in & told me that Miller had told them I would ask the big chief to give them the land if they would pay taxes & which they said they would do. I sat down and made the application, and found my observation of the country they actually wanted so limited, & their want of all knowledge of the points of the compass, that I could not make an intelligible application. I had also just received a note from the county surveyor saying that he could not go out to make Miller's survey, and therefore I wrote to Miller the letter which was afterward taken from his house, & by Supt. Odeneal reported to the government as evidence of my guilt. The note barely stated that my knowledge was not sufficient to enable me to make out the application, & that I had not required the Indians to pay taxes, and that Mr. Varnum would not go out to make his survey, & that I would have to send to Sac. City to get a surveyor appointed, and also asking him to send me by an Indian a description of the land wanted by the Indians. I never received an answer. The war was precipitated too soon, & Miller was not at home as I came by there, but I then found [by] personal observation that the land desired by the Indians was about three miles long & not over a mile in width, and much of it covered by sagebrush, but with a very superior fishery upon it. At this last interview with Capt. Jack I again tried to persuade him that he had better go to the reservation, but I must confess that it was as much to avoid the trouble & expense that would fall upon me in getting the land grant through for them, as from any other motive, as I did not think any reasonable Superintendent would try to remove them. I yet believe that if Supt. Odeneal had gone down there instead of sending the soldiers to surprise them in the night, all could have been quietly settled. Now, as for Mr. Odeneal, he has threatened my prosecution. There is a court of the United States for this district located at San Francisco, having jurisdiction of the case. He has the government to back him in expenses. I have to bear my own & suffer the loss of time. Now, then, if instead of false reports & libelous articles in the newspapers he will enter this prosecution, I will agree to ventilate the whole matter, & if I am guilty, I will cheerfully submit to the penalty. At this last interview with Capt. Jack, his reply was very determined that he would not go to the reservation to be starved. I told of the great number & power of our people & the futility of resistance, to which he listened with his usual stoical composure & then replied, "Kill with bullet don't hurt much, starve to death hurt a heap." This was said through the interpreter, Scarface Charley. In all my intercourse with Indians, I have only talked or held communion with their leading men, and have never indulged in any jesting or sociality with them. When I needed one for a messenger, as I occasionally did when they were in, by which to send a letter to Mr. Dorris or Fairchild or others on the frontier where there was no mail facilities, I always applied to the chief for a man for the service. Capt. Jack talks no English, except the names of a few articles in trade, & no jargon, and as far as my knowledge of him is concerned he always brought to the conference an interpreter and usually for that purpose Scarface Charley. A word as to the charge of treacherous disposition of this people. This is a charge instituted since the treacherous massacre of Gen. Canby & Mr. Thomas, but before that no one can point to an act of treachery on their part, but on the contrary they were known as a bold & fearless people, warlike and a dread to our early immigrant & to the surrounding tribes, and very punctilious to their word, so far as I had occasion to know. My visit to the cave was at the request of the commissioners, as the Indians had expressed a confidence in me & wanted my advice, and I yet think had it not been for a byplay at that time I could have persuaded them to terms, but they were frightened out of it by the threat of hanging on the Jacksonville indictment. That desire for revenge has cost us dearly in blood. I went in the cause of humanity at a great sacrifice of my time & at great personal risk, asked no pay for my time, but did expect a return of my cash expenses, but even that has not been allowed by the Indian Bureau. My conscience is clear, and I know the blood of the murdered white men or Indians will not cry out in judgment against me. I only wish that the war was prosecuted by those in person who are so earnestly urging it on from the first, instead of their remaining at so respectable a distance, as the Indians and those men feel.  I could see a war go on between them if it could be confined to them and not have my bowels of compassion moved much on either side. The lava bed is about four miles wide by seven long, and the Indians in these not exceeding 100, men, women & children, & they mean to stay there as long as they can. The location is the most inaccessible of any part of the world I ever saw, & one man fairly secreted in it is more than equal to 20 engaged in trying to ferret him out. As for the Genls. that have been engaged in prosecuting the war, Gen. Wheaton I have not had the pleasure of meeting, but I think under the very unfavorable circumstances of his attack, the limited knowledge of the stronghold which they possessed, & the few men under his charge, he performed wonders & should not have been superseded. Gen. Gillem I know, and a more gallant gentleman & soldier you will hardly find, and in prosecuting the war he has shown masterly skill. The late massacre I think could not properly be charged upon him, as there were men enough there to defend themselves, had they not been taken by surprise. My advice to Genl. Canby & the peace commissioners on my return from the cave the last time was that all negotiations should cease until the Indians should become the soliciting party. I told them further that my opinion was that they thought our people were afraid of them & that they were carrying on the negotiations with a hope to get Gen. Canby and Gillem, Messrs. Meacham & Applegate in their power, & that in such an event they would certainly kill them all. I thought I could go; no one else could safely, & that I could not be induced to take the risk again. There were plenty of live witnesses to that, yet I also met Mr. Thomas at Yreka on his way out, when he desired me to accompany him. I gave him the same caution & told him as well as I knew them, I would not feel safe in going again to the Indians. I went out [to] the Indians once after my last visit to the cave, but Gen. Canby & Gillem then felt the danger so great that they were inclined not to let me go, but as parties claimed there was a misunderstanding, I told them I would go to the rendezvous, & if all was right I would bring them in, & if they killed me it would only be one instead of six or eight. To test the question I went to the place designated, found no Indians or signs, went on about ten miles further & yet found no Indians & returned about dark and then returned to Yreka.
   

Yreka May 27th 1873
    Dear Sir:
        The above is a copy of a hastily prepared paper to my brother who had seen the charges in the Oregon papers and felt much alarmed at it. In it I have only noticed the leading question and those falling under my observations. With all the contradictory reports, it will be found my judgment of the purpose of the Indians was uniformly correct. I have been so long on the frontiers, and seen the Indians in their native, disgusting state, that I have no special regard to them further than making out justice, and I have none of the poetry entertained by many that do not know them. The Modocs are generally a whited [sic--"united"? "whiter"?] tribe of Indians than any other I have met with. Capt. Jack is very dignified generally, and is a full-blood Modoc. Scarface Charley is one of the Rogue Rivers, of Tipsu Tyee's tribe, extinct. I have just arranged at the suggestion of our member of Congress, Luttrell, for all of the straggling Indians of various tribes surrounding us, [about] which so much newspaper panic has been created, to go to Fort Jones military reservation in Scotts Valley 
& remain under supervision. They are highly pleased, but they have been under great fear ever since the Modoc War broke out, and were nearly starving from the fact that they dare not hunt, fish or dig for roots from fear of both whites & Modocs. They desire a tract of country between Scotts & Shasta valleys called Moffett Creek, a valley about twelve miles long & half a mile wide, and that they have a little assistance of seeds & tools and [be] allowed to take care of it themselves. The application of one of the appropriations that has been made for the Shastas, but of which they have never received a dollar, will be all that will ever be required if they have no white men put over them. They are industrious and know how to farm; one of the tribe has here a farm of 200 acres enclosed on the north side of  Klamath River, and I have advised him to stay there. He has his house logs [laid?] out, quite a number of fruit trees growing, and is very ambitious, and this example inspires the others. Were I even in moderate circumstances so that I could offer to go out & teach them occasionally I could do much good, but I am not thus favored.
Very respectfully
    E. Steele
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 812-850.  This ms. copy is not in Steele's hand.  Click here for Steele's earlier version of the Big Bar story.



The Modoc War
Commissioner of Indian
    Affairs, Int. Depart.
        Washington D.C.
            Dear Sir
                Allow me to present a few facts for your consideration relative to the "Modoc War" which has received so large a share of the attention of the government and our country for the last six months.
    We have two classes of persons in Oregon viewing the Indian question from entirely different standpoints. The first regards the Indians as mere brutes or beasts, as incapable of elevation and moral improvement. These argue that the sooner the whole Indian race becomes extinct the better; this class is itself subdivided and composed of two factions. To one of these subdivisions belong many shrewd politicians and political managers, who continue to secure the appointments in the Indian Department, viz: the Superintendency, the agencies, and the contracts for supplying the different posts & agencies. It is also well understood that such men care nothing for the welfare of the Indians, expect no improvement in their condition, and their whole energies are bent to the simple end of making money out of their offices and contracts.
    2nd. The other division of the first class is composed of a low, ignorant set of white men, who are jealous of the Indian, the Negro and the Chinaman, and seem to think that no low order of humanity ought to be allowed to live except themselves; they are jealous of the Indian because the government furnishes them schools and pays them annuities &c. This division of the first class hates the Negro and the Chinaman because they regard them as their rivals in business; these latter are the men that sell whiskey to the Indians, gamble with them, cheat them out of their ponies, take up with the squaws, fight with and kill the Indians in time of peace &c., and bring on Indian wars, and then their shrewder brethren make money out of these wars, and then both divisions of this class demand the "extermination" of the Indian race. These are men who are denouncing so furiously President Grant's "peace policy." During the Modoc war we have tried both peace and exterminating policy--during the continuance of the former the Indians treacherously murdered three of our men, and during the existence of the latter the Indians "exterminated" some 40 or 50 whites, while we exterminated about a half dozen Indians. So much for the two policies.
    2nd [sic]. The second class of our citizens are those who regard the Indians as men and women, but in a low and degraded condition, yet capable of Christian civilization and high moral improvement, and feel themselves bound to do unto the Indian as they would wish to be done by; this class sustains the peace policy of the Administration, as inaugurated by President Grant.
    But the Indians, that is the Modocs, are now captured--Capt. Jack, Schonchin and all--what shall be done with them? The elephant is on hand--what disposition shall be made of him? One part of our citizens, and probably a majority of them, demand extermination of men, women & children. As a matter of course the government will not sanction such barbarity as this. If any are to be executed the number should not exceed three or four of the principal leaders. But it appeared to me the better policy would be to remove them to some distant part of U. States territory and place them on a reservation with other Indians, where their nationality would soon become merged in that of another tribe. They should be removed from all their old haunts and associations.
    Again, I would suggest to the Indian Department that all firearms be taken from them and kept from them. I suggest this policy to the government to be henceforth practiced as fast as Indians can be gathered and put upon reservations, the guns, pistols, powder and lead be strictly prohibited to them. It should be made a high penal crime for any person to furnish an Indian with any of those articles. They should be placed on reservations of productive soil, have their lands divided to them in severalty, and be taught to produce their own support by cultivating the soil, and the more strictly all kinds of firearms are kept from them the sooner they will become peaceable agriculturalists. It may [be] argued that firearms cannot be kept from them. I reply that the government has in a great measure succeeded in keeping whiskey from them, and think it can with more ease keep rifles & revolvers from them.
    But there can nothing be done to secure the welfare of the Indians and the safety of the whites while mere politicians and military gentlemen have the oversight of them. While superintendencies, agencies and contracts are given out as rewards for political services there will be no improvement in Indian affairs. They must be put under the care of Christian men, men who regard them as human, men who regard them as capable of elevation and improvement. Perhaps one half of the people on this coast, and possibly over [the] whole country, regard the Indians as mere brutes, and often speak of [them] as "bucks"--so many squaws & so many "bucks." This tells the whole story--the man who speaks of them as "bucks" will not hesitate to treat them as bucks--not as men. And trample with impunity upon every right that Indians are entitled to. In fact, they do not consider that an Indian has any rights that a white man is bound to respect. From this class you will hear a great clamor set up for the blood of the Modoc prisoners.
    Once more, heads of departments should not as a general rule depend upon the congressional delegations for recommendations for appointments under their several departments. Nine times out of ten their recommendations are intended to strengthen and elevate themselves. And if there is one department in the government more than another that ought to be delivered from the power and influence of political wireworkers it is the Indian Department. I do, however, take pleasure in saying that I believe the departments may rely with much assurance upon the recommendations of Hon. J. H. Mitchell, Oregon's new Senator.
    If we are ever to enjoy peace with the Indians, and the Indians reclaimed from their savage condition, politics must be laid aside in the appointment of officers in their Department, and men be selected who believe in the humanity of the Indian, and are governed by the principles of Christianity--politics and speculators must be excluded.
    Please excuse the freedom I have taken in addressing you thus fully upon this subject, as I have resided more than twenty years in Oregon, and expect to end my days here, and have witnessed the mismanagement and the frauds that have been practiced upon them, and the perversion of the benevolent designs of the government towards them.
I have the honor to subscribe myself
    Your obt. servt.
        J. H. D. Henderson
Eugene City, Oregon
    June 2nd 1873.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1130-1137.



[illegible] 5/73
Commsr. of Indian Affs.
    Please read the enclosed article from a prominent Phil. journal. I am ignorant of the facts in the case referred to, but do strongly suspect the true issue is presented. A recent residence upon an Indian reservation for some months served to reveal the spirit of injustice prevalent and gross frauds practiced upon this ignorant people by an avaricious outside class.
    Their hostile efforts extending also to those working for them in the "peace cause." I wish some of the humble workers therein could tell their stories directly to the Department.
    With many thanks for the efforts making in this humane cause
I remain respectfully
    Henry Jones
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 4-6.  Enclosure not filmed.



Astoria "Oregon" Clatsop Co.
    May 30th 1873
To the Superintendent of Indian Affairs
    Washington D.C.
Dr. Sir,
    The Indians in this Clatsop Co. have not been treated with by the government. Licenses are obtained for selling liquor--half-breeds and Indians can obtain all the liquor they want. If the law is opposed to this, please let me know and what process to take to prevent it.
Yours respty.
    Nathan Watrous
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1145-1147.



Office Superintendent Indian Affairs,
    Salem, Oregon, May 30 1873
Sir:
    In view of the efforts continually being made by settlers residing in the vicinity of Alsea Sub-Agency, on the Coast Reservation, to have the Indians removed from there, and the consequent evils attending such efforts, I am induced, solely by a desire to better the condition of the Indians, to recommend that they be removed to the mouth of Salmon River or Nestucca River, at the north end of said reservation, where there are superior fisheries, much milder climate, and better farming and grazing lands than at Alsea. The lands on the rivers named have been surveyed and subdivided and is ready to be allotted when considered proper to do so.
    The buildings at Alsea are in a dilapidated condition and nearly worthless. The sub-agency is on the seashore, on a bleak plain, nearly on a level with the waters of the ocean. The incessant gales render the climate very disagreeable, and at the same time serve to keep the vegetation saturated with salt water spray, or mist, which is very damaging to the grain crops, always blighting, and sometimes killing them entirely. In order that you may form a more correct idea of the situation, I enclose herewith a diagram showing the shape of the Coast Reservation, and the location of the agencies thereon. You will observe that along the Yaquina Bay there is a strip of country which was relinquished and thrown open to settlement a few years since. This country is now settled by whites, and the Alsea Indians are separated from those at Siletz and Grand Ronde by this settlement. The country east and south of Alsea is also settled by whites. By removing them to the place proposed, you will see that the same exterior boundaries will include all the Indians on the Coast Reservation, and isolate them from white settlements. This consolidation would also have the effect to put an end to the efforts to have the Indians removed from Siletz.
    Believing it probable that when the adjacent country shall at no distant day become densely settled, these Indians will be located elsewhere, I think it would be best for all concerned to remove them before any more money is expended in making improvements where they are.
    Their consent to the change should of course be obtained, and in order to do this, if you think favorably of my recommendations, I ask to be authorized to take the chiefs and headmen to the proposed new location, show them the advantages of it, and persuade them to go there.
    I am in receipt of a petition from settlers in Tillamook County asking that the Nehalem, Clatsop, Tillamook, Nestucca and Nehalem Indians, numbering over two hundred, most of whom are now in said county, be removed to the reservation. These Indians have always lived upon the coast and could not be easily kept at any other place, and I think that if a sub-agency were established at the place proposed, they and the Alsea Indians would live together in harmony. Most of the Indians at Alsea have always lived there. They claim the land, but I think that very little compensation in addition to fitting up houses for them, as good as they now occupy, would be satisfactory. The improvements at Alsea, including fences, lumber in houses &c. would probably sell for nearly enough to build new houses for many of the families.
Very respectfully
    Your obt. servt.
        T. B. Odeneal
            Supt. Ind. Affrs.
Hon. E. P. Smith
    Commissioner &c.
        Washington, D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 590-596.  The diagram of the Coast Reservation was not filmed with the letter.




Fairchild's Ranch California
    March June 1873.
Hon. H. R. Clum E. P. Smith
    Acting Commissioner Indian Affairs
        Washington D.C.
Sir:
    In compliance with your instructions of Feb. 6th to the Modoc peace commission, requiring it to make a report on the cause of the difficulties with the Modocs, I beg leave, respectfully, to submit the following as an individual report, the other commissioners having left the headquarters of said commission.
-Cause of the War--
    The Modocs are traditionally and historically warlike. Anciently they were Klamaths, and the separation, on account of quarrels about land &c., occurred more than a hundred years since.
    For this period they have been incessantly at war with Klamaths and with others, living in peace but very little.
    The Klamath Lake Indians were more numerous and successful. Intercourse, however, has always been kept up during the intervals of peace.
    They jointly made a treaty with Superintendent Steele at Yreka, California, which did not set apart any land for Modoc Reservation and was never ratified.
    They jointly made a treaty with the Yahooskin Snakes Oct. 1864, late Superintendent Huntington setting apart Klamath Reservation as a joint home.
    They ratified said treaty and lived on said reservation. But within a few weeks shortly after Capt. Jack's band left, deserting the legitimate chief, "Schonchin."
    They had refused to return for several years and continued to refuse, denying the treaty of Oct. 1864 & yet continuing to deny that treaty.
    Their denial of the treaty was proven to be false and a pretension at variance with the truth by W. C. McKay, "La Lake," chief of the Klamaths, and Schonchin, and they were removed without force in December 1869 to Modoc Point by Superintendent Meacham.
    They were well supplied with substantial goods. See issue voucher from Sept. 1st Dec. 1869 to Dec. 1869 Feby. 1870.
    They were then consulted about what part of the Klamath Reservation they would select for a home and adopted Bloody Modoc Point.
    They expressed themselves well satisfied with both location and issue of goods and promised to remain. See speech of Capt. Jack in Mr. Meacham's report of Feby. 1870.
    They made peace with the Klamaths and shook hands, declaring themselves mutually satisfied, promising to live together in peace.
    A district of country was assigned them which they declared was satisfactory.
    Abundant subsistence was furnished them by Agent O. C. Knapp. See issue abstracts 1st and 4th qrs. 1870.
    They made rails and prepared timber for houses, but claimed that Klamaths were robbing them and appealed to Agent Knapp. The Modocs say he did not redress their wrongs and in fact refused to hear complaints. This may be correct.
    That Agent Knapp removed them without their consent. This statement is controverted and may be questioned--also, the statement that Klamaths had wronged them and redress been denied.
    That they were denied use of water, grass and timber. It is possible the Klamaths were overbearing.
    They stampeded from reservation April 16th '70 and returned to Lost River country.
    Persuasion failed to induce them to return although offered privilege of any unoccupied land of the Klamath Reservation.
    The Modocs rambled over Lost River country without committing any serious depredation or making any warlike demonstration until June 1871, when Capt. Jack assassinated, or caused to be, an Indian doctor in violation of civil laws of this state of Oregon. An unsuccessful effort was made by the military for his arrest. This affair created much excitement among Indians and white settlers.
    In August 1871 a council was held with them by order of Superintendent Meacham, and on the recommendation of Hon. Jesse Applegate as a means of averting a serious difficulty and in charity to the Modocs the Lost River reservation was first proposed for the Modocs.
    The Modocs then pledged again, but broke faith by various and sundry acts of arrogance and repeated trespasses on the rights of white settlers. A petition of citizens of the Lost River country was submitted to the Department Indian Bureau, but no action was taken.
    Modocs in [the] meantime were trespassing on the country repeatedly, on the rights of citizens: doing many acts calculated to break the peace. Petitions were renewed for the removal of the Indians to the reservation, while the alarms of settlers were increasing.
    Superintendent Odeneal was instructed to remove and select reservation to Klamath or select a new reserve for them. He recommended removal to Yainax. His reasons for not ratifying recommending reservation are not known to the commission. The members of the commission are without data to judge of the condition of affairs at that time & of the wisdom of Superintendent Odeneal's wisdom in recommending removal instead of location on Lost River.
    However, it does not appear that Superintendent Odeneal has ever had any council with the Modocs, but that his opinions as to the propriety of removal instead of location on Lost River were formed from petitions of white settlers and their statements.
    It is the opinion, however, of J. A. Fairchild and of other settlers on the California side of the line that had small homes been allowed them on Lost River no war necessarily would have ensued.
    On the other hand it is asserted with equal earnestness that the relations between settlers and Indians had materially changed in the Lost River reserve was proposed with the date of the letter to Supt. Odeneal between the time the proposition of locating the Modocs on Lost River & the date of Supt. Odeneal's letter of instructions April 12, 1873.
    It is further asserted that at no time since the treaty of Oct. 1864 would it have been possible to have located the Modocs on Lost River and have maintained the peace of the country.
    The chairman of the commission begs leave, as he has been officially connected with this matter and is on record in regard thereto, to leave the further discussion of this matter as well as the reports to be made thereon to the other members of the commission.
    It further appears that Superintendent Odeneal on Nov. 25th sent messengers Brown and Capt. I. D. Applegate, formerly [end of letter missing or not filmed]
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 337-342.



Headquarters Camp Bidwell Cal.
    June 8th 73
To the
    Asst. Adj. General
        Dept. of California
            San Francisco Cal.
Sir,
    I have the honor to report Indian affairs in this vicinity about as usual; one hundred and seventy-eight (178) Indians drew rations this morning. Ocheho with his band is here, having come in on the 3rd inst. for provisions, saying he did not like to go and remain in the mountains hunting while the troops were scouting after the Modocs. Ocheho wishes me to inform the authorities that he does not intend to return to the Yainax Agency anymore, and that he will do as Jack has done rather than do so. He says he is a Piute and should go to Pyramid Lake Reservation if required to go to any. He says he has to take his people every fall to the cold, snowy Yainax Agency and live with Modocs, Snakes and Klamath Indians. He claims this section as his native home, where he can make a good living without the aid of the government, if allowed to remain here. He says that if he now had authority to remain in this section "winter and summer" that he would go to work and put up provisions for winter so that he could live without begging. He claims that he is made to go to Yainax in December where he is fed until the last of February, when he is turned out to beg, steal or starve, and that he is tired of this way of living.
Very respectfully
    Your obedient servant
        R. F. Bernard
            Capt. 1st Cavalry
                Comdg. Post
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 683-685.



Department of the Interior
    Office of Indian Affairs
        Washington, D.C. June 9th, 1873.
Sir:
    The appointment of the following employees at the Siletz Agency, recommended in your communication of the 24th, is hereby approved.
    George Fairchild, teamster, $50 per mo.
    The appointment of W. C. Chattin and Fannie E. Turpin, as teachers, the former at $100 and the latter at $50 per month, are suspended for a report from you showing whose places they are to take and why so large a salary is allowed in the case of Chattin.
    The record shows that William Chambers is employed as teacher at $960 per annum. If either of the appointees reported is to take his place, that fact should have been reported.
    It would prevent delay and save time and labor if, when reporting appointments, you would accompany the same with proper explanations such as would enable the office to understand at once the nature of each case reported.
    For reasons given in Agent Fairchild's letter of 14th ult. enclosed with yours of [the] 21st, the salaries of J. L. Kline as carpenter and L. Shogren as farmer are both approved at $1000 each per annum.
    Your attention is called to the fact that no replies have been received to letter to your predecessor of 22nd January 1872 and letter to yourself of 2nd Aug. last, calling for dates of discontinuance by certain former employees at this agency.
Very respectfully
    Your obt. svt.
        Edw. P. Smith
            Commissioner
T. B. Odeneal, Esq.
    Supt. Indian Affairs
        Salem, Oregon
NARA Series M2, Microcopy of Records of the Oregon Superintendency of Indian Affairs 1848-1873, Reel 27; Unregistered Letters Received, 1870-73.



Office of'
    Superintendent Indian Affairs,
        Salem, Oregon, June 10th 1873.
Sir:
    Immediately upon the receipt of the startling news contained in the enclosed printed slip, I directed Agent Dyar, who is in the vicinity of where the massacre took place, to make every possible effort, regardless of expense, to discover, identify and apprehend the perpetrators of the deed, that they may be brought to trial. If found, I shall employ able counsel to assist in the prosecution, unless you shall direct otherwise.
Very respectfully,
    Your obt. servt.
        T. B. Odeneal
            Supt. Indian Affairs
Hon. E. P. Smith
    Commissioner Indian Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 606-608.  Clipping not filmed.



Department of the Interior
    Office of Indian Affairs
        Washington, D.C., June 10th, 1873
T. B. Odeneal, Esqr.
    Supt. Indian Affairs
        Salem, Oregon
Sir:
    The President, under the 6th Section of the Act of Congress making appropriations for the Indian Department, approved February 14, 1873, which contains a provision for abolishing the offices of four of the Superintendents of Indian Affairs, and of their clerks, after the 30th June 1873, has designated as one of the Superintendences to be abolished that which is under your charge. Your services, and those of your clerks, therefore, will cease on the 30th instant, and you are requested to forward to this office, at your earliest convenience thereafter, all the records, documents, files and papers belonging to your office.
    The office furniture and other public property in your possession you will transfer to one or more of the agents, if needed, or sell at public sale, the proceeds of the sale to be duly accounted for by you. Should there be any goods in your hands for distribution to Indians in any agency within the Superintendency, or any funds belonging to them, you will transfer the same to the proper agent for such Indians and take his receipt therefor; any other public moneys remaining in your possession you will deposit in the nearest U.S. Depository and forward the original certificate of deposit to this office.
    You will notify the agents under your charge of the action of the President in this matter and instruct them to conduct their correspondence direct with this office after the 30th instant and to advise this office of their post office address.
    You will please forward your final accounts as early as practicable.
Very respectfully
    Your obedient servant
        Edw. P. Smith
            Commissioner
NARA Series M2, Microcopy of Records of the Oregon Superintendency of Indian Affairs 1848-1873, Reel 27; Unregistered Letters Received, 1870-73.



Philadelphia June 11th 1873
To the President
    Sir
        The undersigned, having been asked by you to assist the government in civilizing and Christianizing Indians, feel constrained to invoke your help in the present exigency.
    Unless the general government has both the disposition and the power to protect Indians from violence and murder by its citizens, or to punish the wrongdoers, it is idle to attempt to restrain the red man from self-protection according to his heathen usages, and it is hardly just under such circumstances to punish them precisely as if he had been the original wrongdoer.
    The Modoc prisoners, as you know, surrendered on a distinct pledge that they would be dealt with justly. We therefore ask--
    1st. That they be tried by an intelligent and dispassionate military commission and that the award be subject to your approval.
    2nd. That competent counsel be assigned to them.
    3rd. That any sentence, beyond confinement in a military prison or removal to a distant reservation, be suspended until the murderers of defenseless Indian prisoners be apprehended, tried by the same military commission, and the sentence be executed.
    All the alleged crimes by Modoc Indians having been committed after hostilities had commenced and during a period of war, we feel confident that you will not allow any of the prisoners to be handed over to the state authorities.
    Those who are acting with you in an effort to deal justly with Indians have an earnest desire to learn through a military commission all the facts bearing on the Modoc rebellion. It is alleged and believed that the tribe was subjected to a treacherous massacre without any redress, or even an attempt to arrest the murderers--that Capt. Jack's band were not parties to a treaty under which a coercion was attempted that produced the war and its fearful consequences.
    That the people of Oregon hastened the attempted coercion because the Modocs were arranging to abandon their tribal relations, that they might become citizens of the United States and as such to claim the land on which they were located.
    So many important principles are involved in the existing difficulty that a thorough investigation and a deliberate consideration should precede final action. As Indians cannot be protected by the authorities of the states and territories in which they reside, Indian wars can only be prevented when the genl. government seeks out, arrests and tries, by a military commission, those who wrong the Indians, as well as the wrongdoers among the Indians themselves.
Yours very respectfully
    Wm. Welsh
    Geo. H. Stuart
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 730-733.



COATES BROTHERS
Commission Merchants
127 Market Street, Philadelphia
June 11th 1873
His Excellency
    U. S. Grant
        President of the United States
            Dear Sir
                Will you permit one who is deeply interested in the success of your administration, and especially in your Indian policy, which has gained for it the approval of all good men, and an enviable reputation throughout Christendom, which I trust is to last for future ages--to ask your attention to the enclosed editorial articles from The Press and The Evening Bulletin of this city, which express the sentiment of the great majority, if not all, your best & most intelligent citizens, and to ask you in the name of justice & Christianity of our common brotherhood & the rights of man that you will use all your power and influence to secure equal and exact justice to all men, whether white men or red men, & that the same effort shall be used to secure the murderers of the Modocs while under the protection of the government and army of the United States, as was used to secure the murderers of Genl. Canby & Commissioner Thomas. I do not ask, however, that the "Warm Springs Indians" should be employed to kill & scalp the white ruffians of Oregon, nor that the Modocs should be used as scouts & armed to kill these lawless white men. Much less would I ask for the "utter extermination" of all the border ruffians of Oregon, & the women & children belonging to them. But I would suggest that the white murderers & the red murderers have meted out the same punishment at the same time.
Yours very respectfully
    Benjamin Coates
P.S. Will it not comport with your sense of right that no Indian shall be punished beyond imprisonment until the white murderers are taken & punished with them?
B.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 718-720.  Clippings concerning the murder of the Modoc prisoners not transcribed.



Copy.
The Western Union Telegraph Company
    Dated San Francisco, California June 13, 1873
        Recd. Washington D.C. June 14th 12:30 a.m.
Major General E. A. Townsend
    Adjutant General, U.S. Army
        Washington, D.C.
I try Modoc assassins--were the commissioners appointed by written commission; if yes, please send me official copies. Is commissioner Meacham in Washington. Please reply by telegraph.
H. P. Curtis
    Judge Advocate
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1141-1144.



Department of the Interior
    Office of Indian Affairs
        Washington, D.C., June 14th 1873
Sir:
    During the service of your predecessor, A. B. Meacham, a set of school charts was procured to be printed, in the use of which Mr. Meacham seems to have been personally interested. In accordance with his verbal request, made today at this office, you will please deliver to him for such distribution as he may think proper among the Indians. The three hundred charts now carried on your property rolls, and his receipt for the same, will discharge your responsibility.
Very respectfully
    Your obt. servant
        Edw. P. Smith
            Commissioner
T. B. Odeneal Esq.
    Supt. Ind. Affairs
        Salem Oregon
NARA Series M2, Microcopy of Records of the Oregon Superintendency of Indian Affairs 1848-1873, Reel 27; Unregistered Letters Received, 1870-73.



Headquarters
    Lava Beds, Cal.
        June 17th 1873
Hon. C. Delano
    Secty. Interior Washington
        Dear Sir
            The Modoc war is over. The Modoc tribe--except five or six--are captives. Capt. Jack and several of his confederates are soon to be tried by court martial for the murder of Genl. Canby and the peace commissioners. There can be but one verdict or result, viz: the conviction and execution of all those participating in the murder of settlers and peace commissioners. I have spent several days in the Lava Beds and the country adjacent thereto. I have investigated, so far as I could, the cause of the war between the whites and Modoc Indians, and from a careful investigation I can arrive at but one conclusion, viz--that the war was caused by the wrongful acts of bad white men who incited the In. In the first place it is charged by responsible parties here that the Indians were compelled to slaughter their horses for food on the Klamath Reservation to keep from starving, and when they had no more horses to slaughter they were then forced by hunger to seek their fishing ground on Lost River, a tract of land set apart and given to them by the Hon. E. Steele, late Supt. of Indian Affairs for California. The land is valuable land; speculators desired it and sought to have the Indians removed. The Indians say there was but one of two deaths left to them--viz, starvation on the reservation or a speedier death by the bullet in the Lava Beds. They chose the latter. I am in favor of hanging all those who participated in the murder of the peace commissioners or the settlers, but humanity and justice demand an investigation of the war and its causes, from its first inception. Let us have both sides of the question. Let us have the sworn statement of the Indians, which will I am credibly informed be corroborated by the testimony of responsible white men. If you have the authority to order it, direct that the testimony of all those who are likely to be convicted and executed be taken. I regret that I have to say it--but I believe that there never was a time since the organization of our government that there was as much corruption and swindling, not only of the government and people but the Indians, as is today being practiced on Indian reservations on this coast. Mr. Meacham and Hon. E. Steele managed the affairs to the satisfaction of the people and the Indians. I regret that they were not retained as Superintendents. I do not know who is to blame, nor do I accuse any particular agent of corruption, but we know that wrongs have been perpetrated, and before launching these Indian chiefs into eternity, let their testimony be taken that the guilty party may be found. We have lost many valuable officers and men in this contest. Justice demands that if any particular individual or individuals are guilty of inciting the Modocs to war that he or they should be punished. I am willing, if you can delegate to me the authority, to aid and assist in the investigation of all the causes and charges which may or can be brought out before the court martial or board who may be designated to try the prisoners at Fort Klamath. As the representative of the people immediately concerned and who have suffered most by reason of the war, I feel that justice demands a thorough investigation. If I can in any way serve the government and people in aiding or assisting the investigation, command my services by telegraph at Fort Jones.
Very respectfully yours
    J. K. Luttrell
        Member 3rd Cong. Dist.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 172-176.



Yreka Siskiyou County Cal.
    June 18th 1873.
Hon. C. Delano,
    Sir
        Permit me to address you in behalf of the Modoc captives, in the request that the place of their trial be by order of the Home Department changed from Fort Klamath to Angel Island. My reasons for the request are first, the surroundings at Fort Klamath would prevent a fair and impartial trial by intimidating witness & social influence. They have gone so far at present as to threaten my life if I go there to defend the prisoners, but I do not fear them. Jesse Applegate, late of the peace commission, is their spokesman and is further organizing a combination to shoot every Indian found off of the reservations. I can prove by the best of witnesses the charge, men that cannot be questioned--sound. Should any of the Indians be acquitted, they would never live to get out of Oregon, as there is an element in that part of the state that would murder them before getting a mile from the reservation, evidence ["under"?] the late murders of the four old, infirm, crippled Indians under charge of Fairchild, neither of which could get into the wagon without help. There is no effort on the part of the Oregon officials to look up & punish the criminals [and] a full examination as to the origin of the war cannot be had there & the expense would be but slightly more to place the trial at Angel Island.
Very respectfully your obt. servt.
    E. Steele
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 851-853.




Klamath Agency, June 18 1873
Hon. T. B. Odeneal
    Supt. Ind. Affrs.
        Sir:
    Yours of the 10th inst. requesting me to take action in the matter of bringing the murderers of the four unarmed Modoc Indians, while in charge of Mr. James Fairchild, came to hand today. From what I have learned regarding the affair, it was, as you suppose, a "cold-blooded murder," and is generally believed to have been committed by some of the Oregon volunteers, Capt. Heizer's company. The volunteers have been disbanded and are now scattered all over Jackson Co. so that it will require much time and money to work the case up. Having neither of these resources at present that I can turn in that direction it will be impossible for me to attend to it, and if I would do so it would be better for a stranger to the people of this section to take the case in hand. It will be a very difficult matter to fix the guilt upon the right parties, and an experienced detective should be put upon the track. My duties at the agency imperatively demand my presence here at present.
    Hoping these suggestions will meet your approval, I remain
Yours respectfully
    L. S. Dyar
        U.S. Ind. Agt.
            per M.T.D.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 655-657.



Washington D.C.
    June 18, 1873
Hon. E. P. Smith
    Commissioner of Indian Affairs
        Sir:
            Having been summoned by the judge advocate to attend the trial of the Modoc prisoners at Fort Klamath, I desire to call your attention to the necessity of having the Indian Department represented at the approaching trial of said prisoners. Believing as I do that much valuable information and evidence may be obtained throwing light on the cause of the late war with the Modocs, it would seem to belong to the "special commission" appointed to report on the cause of war &c.
Very respectfully
    Your obt. servant
        A. B. Meacham
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 313-315.



War Department
    Washington City
        June 19, 1873.
To the Honorable
    Secretary of the Interior
Sir:
    I have the honor to request that you will furnish me with a copy of the instructions issued by Commissioner F. A. Walker to Superintendent Odeneal, relative to the removal of the Modoc Indians to a reservation last fall.
Very respectfully
    Your obedient servant
        Wm. W. Belknap
            Secretary of War
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1148-1149.



D.I.O.I.A.
    June 19 1873.
Sir:
    I have the honor to acknowledge the receipt by Department reference of the 17th inst. the letter addressed to the President by Benjamin Coates on the 11th inst.
[transcribed above], in which Mr. Coates calls the attention of the President to certain editorial articles in Philadelphia papers, which he says represent the sentiments of the great majority, if not all of our "best and most intelligent citizens." These articles refer to the late massacre of Modoc prisoners by the Oregon people, and declare that as the victims were in the charge of the government, the crime assumes the character of an outrage against the government, and that measures should be taken to secure the arrest of the perpetrators and their trial, not by an Oregon jury, but by a tribunal certain to deal out to them exact justice, which would bring them to execution upon the same scaffold with Captain Jack and his accomplices.
    Mr. Coates asks, in the name of justice and Christianity and the rights of man, that the President will use all his power and influence to secure justice to all men, whether white men or red men, and that the same efforts shall be used to secure the murderers of the Modocs while under the protection of the army of the United States, as was used to secure the murderers of Gen. Canby and Mr. Thomas, and that when secured, the white murderers and red murderers have meted out to them the same punishment, at the same time, and in order to secure this, asks that no Indian shall be punished beyond imprisonment until the white murderers are taken for punishment.
    Respecting this communication of Mr. Coates, I beg leave to say that this office concurs in the opinion that "justice, Christianity and the rights of man" demand the punishment of these later offenders against law and life, that from all accounts of the affair, as given by the telegraphic dispatches, these Indians were in the charge and under the protection of the United States army, and that while in this condition their murder was as truly a violation of the laws of war as was the treachery of the Modocs in the assassination of Gen. Canby.
    I beg leave further to state that I have unofficial information which I deem entirely reliable that two at least of the Indians reported by the press to have been murdered in the army wagon have never been known to commit hostile acts against the government, but on the contrary have been in the employ of the peace commission during the winter and have rendered assistance to the government in the capture of the rebellious Modocs.
    In view of these facts I respectfully request you will cause steps to beg leave to state my conviction that all practicable measures be taken by the War Department to secure the arrest of the murderers of these Indians and their trial by the same military commission, now convened to try the Modoc prisoners, and if found guilty that they be punished at the same time and in the same manner as the treacherous Modocs.
    Mr. Coates' letter and enclosures are herewith returned.
Very respectfully
    Your obt. servt.
        E. P. Smith
            Commissioner
The Hon.
    Secretary of Interior
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 718-729.  "D.I.O.I.A."="Department of the Interior, Office of Indian Affairs"



Telegram.
War Department.
    Adjutant General's Office.
        Washington June 30, 1873
Major General J. M. Schofield
    San Francisco, California.
The Secretary of War instructs me to inform you that by direction of the President you will cause no case whatever to be brought before the military commission except those of the murderers of the three officers assassinated by Captain Jack and his immediate associates, the three officers being General Canby, Doctor Thomas and Lieut. Sherwood. And further, to hold in military custody all the other captured Indians as prisoners of war, to be disposed of hereafter as circumstances may warrant. Acknowledge receipt.
E. D. Townsend
    Adjutant General
   
Copy.
War Department, Washington June 30, 1873
To the Honorable
    The Secretary of the Interior
        Sir,
            I have the honor to enclose for your information copy of a telegram of this date from this office to Major General J. M. Schofield, commanding Military Division of the Pacific, concerning the trial by military commission of "Captain Jack" and associates for the murder of Gen. Canby, Doctor Thomas and Lieutenant Sherwood.
Very respectfully
    Your obt. servant
        Wm. W. Belknap
            Secretary of War
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 94-97.


SCRAPS OF MODOC HISTORY.
    Lying between the 121st and 122nd degrees of west longitude, and crossed by the boundary line between the states of California and Oregon, is the watershed that supplies the sources of the Sacramento and Klamath rivers. Traversed by irregular and broken ridges of basalt, evidently torn asunder by violent natural convulsions, and abounding in volcanic scoria, this region is, generally, inhospitable and sterile. Between the broken mountain ranges are extensive plateaus covered with wild sage and chamisal, a little bunch- and ryegrass, and having all the characteristics of the sage plains of western Nevada. Throughout this region are numerous lakes among which, and lying east and west along the forty-second parallel, are Little Klamath, Rhett, and Clear lakes. This is the home of the Modoc Indians, whose bold deeds and defiant attitude to the military forces of the government have attracted so much attention.
    Physically, and in point of intelligence, this tribe are superior to the average American Indian. Subsisting almost entirely by the chase, the men are lithe and enduring, courageous and independent--some of them really handsome types of humanity--and their recent decided repulse of a force of regulars and volunteers, five times their number, shows that they must not be confounded with the Diggers of the Pacific Slope. Once a numerous, powerful and warlike people, like the tribe of Ishmael, their hands were ever raised against all others, and their aggressive spirit kept them in continual warfare. Their country was rich in everything necessary to sustain aboriginal life. The little valleys and plateaus were dotted with antelope the timbered ridges sheltered large herds of deer the Klamath River--theirs to where it breaks through the Siskiyou Range to the westward--and Lost River, connecting Clear and Rhett lakes, were teeming with fish. The camas root, an exceedingly nutritious article of food, was found everywhere. The marshes around the lakes produced tons of wocus, the seed of the water lily, and their waters were alive with wildfowl of every description. Like the nomads of the East, the habitations of this people were anywhere in the vicinity of water, for the raids of their equally warlike neighbors had taught them the folly of wasting labor on permanent abiding places. They are usually made by the erection of willow poles, gathered together at the top, like the skeleton frame of an inverted basket, and covered with matting woven with the tule of the marshes. The earth in the center scooped out, and thrown up in a low, circular embankment, protects the family from the wind, and, while readily built and easily taken down, these frail dwellings are comparatively comfortable.
    It is difficult even to approximate the probable number of this people when in their undisturbed aboriginal glory, and before their contact with the superior civilization, whose vices, only, seem to be attractive to the savage nature. Indians have no Census Bureau, and, indeed, nearly all tribes have a superstitious aversion to answering any questions as to their numbers. The Modocs are like all others, and, when questioned on the subject, only point to their country and say that "once it was full of people." The remains of their ancient villages, found along the shores of the lakes, on the streams, and in the vicinity of springs, seem to corroborate this statement, and one ranch alone, the remains of which are found on the western shore of Little Klamath Lake, must have contained more souls than are now numbered in the whole Modoc nation. Only 400, by official count, left of a tribe that must have numbered thousands! Some of the causes of the immense decrease of this people can be traced to their deadly conflicts with the early settlers of Northern California and Southern Oregon. They were in open and uncompromising hostility to the whites, stubbornly resisting the passage of emigrant trains through their country, and the bloody atrocities of these Arabs of the West are still too well remembered. As early as 1847, following the route taken by Fremont the previous year, a large portion of the Oregon immigration passed through the heart of the Modoc country. From the moment they left the Pit River Mountains, their travel was one of watchful fear and difficulty, the road winding through dangerous cañons, and passing under precipitous cliffs that afforded secure and impenetrable ambush. Bands of mounted warriors hovered near them by day, watching favorable opportunities to stampede their cattle, or pick off any stray or unwary traveler. Nor were the emigrants safe by night. The camping places were anticipated by the enemy--dark shadows crept among the sage and tall ryegrass, and, when least expecting it, every bush would seem to harbor a dusky foe, and the air be full of flying arrows. If the train were small, or weak in numbers, the Indians would be bolder, and not satisfied with shooting or stampeding cattle, but would waylay and attack it in open daylight.
    In 1852, a small train, comprising only eighteen souls--men, women and children--attempted to reach Oregon by the Rhett Lake route. For several days, after leaving the valley of Pit River, they had traveled without molestation, not having seen a single Indian, when, about midday, they struck the eastern shore of Rhett Lake and imprudently camped under a bluff, now known as "Bloody Point," for dinner. These poor people felt rejoiced to think that they had so nearly reached their destination in safety, nor dreamed that they had reached their final resting place, and that soon the gray old rocks above them were to receive a baptism that would associate them forever with a cruel and wanton massacre. Their tired cattle were quietly grazing, and the little party were eating their meal in fancied security, when suddenly the dry sagebrush was fired, the air rang with demoniac yells, and swarthy and painted savages poured by the score from the rocks overhead. In a few moments the camp was filled with them, and their bloody work was soon ended. Only one of that ill-fated party escaped. Happening to be out picketing his horse, when the attack was made, he sprang upon it, barebacked, and never drew rein until he had reached Yreka, a distance of sixty miles.
    The men of early times in these mountains were brave and chivalrous men. In less than twenty-four hours, a mounted force of miners, packers and prospectors--men who feared no living thing--were at the scene of the massacre. The remains of the victims were found, shockingly mutilated, lying in a pile with their broken wagons, and half charred, but not an Indian could be found.
    It was not until the next year that the Modocs were punished for this cruel deed. An old mountaineer, named Ben Wright--one of those strange beings who imagine that they are born as instruments for the fulfillment of the red man's destiny--organized an independent company at Yreka, in 1853, and went into the Modoc country. The Indians were wary, but Ben was patient and enduring. Meeting with poor success, and accomplishing nothing except protection for incoming emigrants, he improvised an "emigrant train" with which to decoy the enemy from the cover of the hills and ravines. Winding slowly among the hills and through the sage plains, Ben's canvas-covered wagons rolled quietly along, camping at the usual watering places, and apparently in a careless and unguarded way. Every wagon was filled with armed men, anxious and willing to be attacked. The ruse failed, however, for the keen
-sighted Indians soon perceived that there were no women or children with the train, and its careless movements were suspicious. After several months of unsatisfactory skirmishing, Ben resolved on a change of tactics. Surprising a small party of Modocs, instead of scalping them, he took them to his camp, treated them kindly, and making them a sort of Peace Commission, sent them with olive branches, in the shape of calico and tobacco, back to their people. Negotiations for a general council to arrange a treaty were opened. Others visited the white camp and soon the Modocs, who had but a faint appreciation of the tortuous ways of white diplomacy, began to think that Ben was a very harmless and respectable gentleman. A spot on the north bank of Lost River, a few hundred yards from the Natural Bridge, was selected for the council. On the appointed day, fifty-one Indians (about equal in number to Wright's company) attended, and, as agreed upon by both parties, no weapons were brought to the ground. A number of beeves had been killed, presents were distributed, and the day passed in mutual professions of friendship when Wright--whose quick, restless eye had been busy--quietly filled his pipe, drew a match, and lit it. This was the preconcerted signal. As the first little curling wreath of smoke went up, fifty revolvers were drawn from their places of concealment by Wright's men, who were now scattered among their intended victims; a few moments of rapid and deadly firing, and only two of the Modocs escaped to warn their people!
    The Scotch have given us a proverb, that "He maun hae a lang spoon wha sups wi' the deil," and it may be Wright thought so. Perhaps the cruel and merciless character of these Indians justified an act of treachery, now passed into the history of the country, but, certainly, the deed was not calculated to inspire the savage heart with a high respect for the professed good faith and fair dealing of the superior race. Ben Wright is gone now--killed by an Indian bullet, while standing in the door of his cabin, at the mouth of Rogue River. No man may judge him but, to this hour, his name is used by Modoc mothers to terrify their refractory children into obedience. The Modocs were now filled with revenge, and their depredations continued, till it became absolutely necessary for the Territorial Governor of Oregon to send armed expeditions against them. For several years, they were pursued by volunteer forces through their rugged mountains, where they continued the unequal warfare with a dauntless spirit but, year after year, the number of their warriors was diminishing.
    In 1864, when old Schonchin buried the hatchet and agreed to war with the palefaces no more, he said, mournfully: "Once my people were like the sand along yon shore. Now I call to them, and only the wind answers. Four hundred strong young men went with me to war with the whites; only eighty are left. We will be good, if the white man will let us, and be friends forever." And this old Chief has kept his word--better, perhaps, than his conquerors have theirs. The Modocs themselves offer a better reason for the great decrease of their people. They say that within the memory of many of this generation, the tribe were overtaken by a famine that swept off whole ranches, and they speak of it as if remembered like a fearful dream. As is usual with savages, the chief labor of gathering supplies of all kinds, except those procured by fishing and the chase, devolved upon the Modoc women. Large quantities of camas and wocus were always harvested, but the predatory character of the surrounding tribes made it dangerous to store their food in the villages, and it was customary to cache it among the sagebrush and rocks, which was done so cunningly that an enemy might walk over the hiding places without suspicion. Snow rarely fell in this region sufficiently deep to prevent access to the caches, but the Modocs tell of one winter when they were caught by a terrible storm, that continued until the snow was more than seven feet in depth over the whole country, and access to their winter stores impossible. The Modocs, like all other Indians, have no chronology; they do not count the years, and only reckon their changes by the seasons of summer and winter. Remarkable events are remembered only as coincident with the marked periods of life, and, judging from the probable age of the survivors of that terrible famine, it must have occurred over forty years ago, long before any of the tribe had ever looked upon the face of a white stranger. These wild people generally regard such occurrences with superstitious horror; they rarely speak of the dead, and even long residence among the whites does not remove a superstition that forbids them to mention even a dead relative by name. From those who have lived among the whites since early childhood, the particulars of this season of suffering and desolation are obtained, and they say that their parents who survived it still speak of that dreadful winter in shuddering whispers.
    It seems that the young men of the tribe had returned, late in the season, from a successful hunt, when a heavy snow storm set in but these people--like children, in many things--had no apprehension, as their present wants were supplied. But the storm increased in fury and strength; the snow fell in blinding sheets for days and days, till it had covered bush and stunted tree and plain and rock and mountain, and every landmark was obliterated. The survivors tell of frantic efforts to reach the caches, how strong men returned to their villages, weak and weary with tramping through the yielding snow in search of the hidden stores. They tell how the little brown faces of the children, pinched with hunger, drove the men out again and again in search of food, only to return, empty-handed and hopeless; how everything that would sustain life--deer and antelope skins, their favorite dogs--even the skins of wildfowl, used as bedding, were devoured; how, when everything that could be used as food was gone, famine made women out of strong, brave warriors, and a dreadful stillness fell upon all the villages. They tell how death crept into every house, till the living lay down beside the dead and waited. After weeks of pinching hunger, and when in the last extremity, an opportune accident saved the largest village, on the southeastern extremity of Rhett Lake, from complete extinction. A large band of antelope, moving down from the hills, probably in search of food, attempted to cross an arm of the lake only a short distance from the village, and were caught in the breaking ice and drowned. Those who had sufficient strength left distributed antelope meat among the families, and it was then that the shocking fact was discovered that some of the starving people had been driven to cannibalism. In one house a woman was found with the half-eaten foot of her husband concealed beneath her bed. When wholesome food was given her, she went raving mad, and confessed that she had killed him to save her life and the life of her little one. The survivors tell how, when the spring came, and the grass grew green again on the hills, this poor demented creature was missing--decoyed away, perhaps, by some friend of her husband--and murdered. Some of them, with that fondness for the supernatural so strong among all savages, aver that, even to this day, that woman's voice is heard in mourning lamentation, borne on the night wind from the rugged cliffs on the western shore of the lake, often and often, and they tell of little piles of rock raised by unseen hands along the western mountain--Indian signs of sorrow and mourning.
    All accounts agree that at the opening of spring it was found that fully one-half of the people had perished, and that in many houses there was not a single survivor. The details of this fearful famine are related so circumstantially by different narrators, that there can be but little doubt of their correctness. But the Modoc nation, certainly once so numerous, is easily counted now, and their days are numbered. The spirit of the majority of the tribe is broken; they are content to be cooped up within the limits of a reservation in a country where once they were lords, and the superior race claims their former possessions by the right of might. They are part and parcel of that unsolved problem--the red race, created by the same power as we, for God's own purposes. Like the rest of the red people, they are destined to speedy extinction, and the last of the Modocs, powerful as they have been, will probably be seen by the present generation of white men.
William M. Turner, Overland Monthly, July 1873, page 21-25



U.S. Indian Agency
    Siletz, Oregon, July 5th 1873
Hon. E. S. Smith
    Commissioner Indian Affairs
        Washington D.C.
Sir
    I would respectfully ask for information and instruction on several points of very great importance to this agency. As you are aware the funds from which this agency derives support come solely from the "incidental fund" for Oregon (except a small sum of Rogue River annuities) and the sum allotted [is] necessarily uncertain. As this agency has been heretofore carried on, at least $20,000 is absolutely necessary each year. During my first quarter as agent (the 2nd qr. of 1873) I have only received $1470.00 and have been compelled to incur liabilities. My predecessor left debts to amount of at least $20,000. I am exceedingly anxious to incur no liability beyond my means, and if I could know how much I could receive would so adjust my expenditures that this result would be attained.
    Of course I can make no estimate unless I do know. There are about 1200 Indians belonging here occupying four villages--at the agency, two miles above, six miles above, and six miles below the agency. At the two last as well as at the agency the Department has a fine farm with a large amount of valuable property, and the influence of the farmers, earnest, pious men, has been extremely beneficial to the Indians at those stations. To abandon either of these farms would, in my judgment, be a great loss to the government as well as an injury to the Indians, yet this is the only direction in which I can economize my expenditures. If I can get $20,000 per annum I can continue to operate both these farms to the great advantage of the service. There is no reason that I can see why this agency should not become very nearly self-supporting in three or four years, if a little extra help can be granted the Indians in procuring teams and a sawmill. I would therefore respectfully ask if I am authorized to continue both these farms as well as the one at the agency and employ competent farmers with the expectation that I am to receive the amount from the incidental fund necessary to meet the expenses. As before stated I am extremely anxious to conduct the affairs of my agency in such a manner that it shall be a financial as well as material success, but unless I can have some knowledge of the sum I am likely to receive, [I] can of course form no intelligent estimate of how much I can expend.
    Doubtless the abandonment of either or both these farms would be a great injury to the advancement of these Indians, but I think a greater injury would arise from incurring heavy liabilities with no immediate prospect of payment.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 951-954.



Klamath Agency, Oregon
    July 7, 1873.
Hon. Edw. Smith, Commissioner
    Indian Affairs
        I have to report my arrival, on the 5th inst., at this place. The military commission to try Modoc prisoners will probably conclude its present labors within a few days. All the witnesses have testified, and Capt. Jack will conclude his "statement" tomorrow.
    The ruling of the commission excludes all irrelevant evidence not strictly touching the assassination. Wide range is allowed prisoners in making statements. Nothing new, however, has been brought out implicating outside parties in either the matter of assassination or of the origin of the war. Having no authority to examine witnesses, I am not in condition to accomplish very much in the matter of obtaining reliable information touching the rebellion of the Modocs.
    I have received letter of June 21 in relation to funds, but none containing instruction or authority to investigate. I will remain here a few days after the military commission closes, and, unless otherwise ordered, will then visit my home in Salem, Oregon.
    The public are dissatisfied with the present understanding in regard to Modocs who were taken into service of Gen. Davis, on promise of protection and pardon. These four are really very bad men. The statement of prisoners on trial confirms the assertion. You will understand doubtless that the few men referred to are not on trial, neither are they confined nor ironed but enjoy the liberty of the camp at Fort Klamath. I have no positive information on the subject, but doubt not the civil authorities will make a demand on the military for two at least of the four exempt Indians. Serious questions will probably arise, as I am of the opinion that the military authorities will feel bound by the promises made to the Modocs referred to [to] protect them from trial. I do not believe they should be allowed to escape trial and punishment unless the promises were made by the knowledge and approval of those having fall authority in the premises, and even then it is unjust.
Very respectfully
    Your obt. servt.
        A. B. Meacham
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 316-319.



Office of Indian Affairs,
    Central Superintendency,
        Lawrence, Kansas, 7th mo. 8th, 1873.
Hon. E. P. Smith
    Commissioner
        I am in receipt of Bureau letter of 3rd inst. informing of the possibility of establishing the Modoc Indians (two to three hundred in number) on new homes--either incorporated with some tribe, or on a reservation by themselves--adjoining some agency and under care of same within the Indian Territory--and asking the opinion of this office thereon. The unoccupied lands of the Indian Territory are ample and admirably adapted in climate, soil, delightful rivers & creeks, timber and pasturage for pleasant settlements of such tribes as are not permanently located. I would be pleased to have the Modocs occupy some portion thereof where the white settlers would not be permitted further to follow them.
    If the consent of the Confederated Peorias and Miamis can be had, a beautiful home could be made for them on the western portion of the Peoria land, bordering on the Neosho River and state of Kas. If the Peorias should decline to part with the amount required, a tract adjoining owned by the Quapaws could well be disposed of, as they will never improve the amount they own. This location would afford the Modocs the best surroundings to advance them in civilization and would be under the care of Agent Jones, where their children would have good school advantages. If unsuccessful here, a tract directly west of the Sac & Foxes, to be included in that agency, or adjoining and west of the Pottawattomies, would make good homes for them. I am however of the opinion if possible that the first-named location would be best, both for the Modocs and the owners--and desire that all the former may find there a home.
Respectfully
    Enoch Hoag
        Supt.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1140-1142.



Department of the Interior,
    Washington, D.C. July 9th 1873
Sir:
    Referring to your letter of the 19th ultimo, submitting a communication from A. B. Meacham Esq., dated 18th June, relative to the necessity of having the Department represented at the trial of the Modocs &c, and your recommendation that the Modoc commission, so far as Mr. Meacham is concerned, be continued until further orders, I have to say that Mr. Meacham's appointment as a member of the peace commission above referred to will be continued until he shall have time to prepare his report.
    It must be distinctly understood, however, with regard to the other commissioners, that their connection with said commission terminated with the happening of the events which rendered further efforts at establishing peace unavailing, and that no compensation is due them subsequent to that date. (The letter of Mr. Meacham is herewith returned.)
Very respectfully
    Your obedient servant
        O. Delano
            Secretary
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 98-100.



Klamath Agency, Or.
    July 9th 1873
Hon. T. B. Odeneal
    Supt. Ind. Affrs.
        Sir
            I have been very much troubled for some time past with an insane Indian, his insanity taking the form of kleptomania. He is seldom vicious, but sometimes when the other Indians thwart his will he vents his spite upon the women and children, and once came near killing a squaw. When at liberty he travels about almost continually, stealing and hiding everything he can carry away, breaking doors and windows to accomplish his purpose. I have borne with him over four months, hoping that he might get over it if left to himself, but he has become such an intolerable nuisance that I have felt obliged to confine him.
    As he cannot be properly cared for at the agency I wish in some way to secure his admittance to the insane asylum at East Portland, Or., but hardly know [how] to proceed. Will you be so kind as to instruct me in the matter or else refer this to the Commissioner that he may give me the necessary instruction.
Very respectfully
    L. S. Dyar
        U.S. Ind. Agt.
   
Respectfully referred to the Hon. Commissioner of Indian Affairs.
T. B. Odeneal
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 868-870.



Department of the Interior,
    Washington, D.C. July 9th 1873
Sir:
    I have received your letter of the 28th ultimo making report on the telegram from T. B. Odeneal, late Superintendent of Indian Affairs in Oregon in which he requests that the order discontinuing his Superintendency be so far modified as to permit him to remain in office until August 1, 1873 &c. &c.
    The 6th section of the act of Congress approved Febry. 14, 1873, to which you refer, fixed the date, viz June 30, 1873, upon which four Superintendencies were to cease. The Oregon Superintendency having been included in the President's order, this Department is powerless in the premises.
    You will, therefore, be pleased to instruct Mr. Odeneal to close up the affairs of his office at once. His certified vouchers for public indebtedness contracted by him int the proper discharge of his duties when Superintendency will, when presented at the Indian office, receive proper consideration and such action as may be warranted by law.
Respectfully &c.
    C. Delano
        Secretary
The Commr.
    of Indian Affairs
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 101-103.



U.S. Indian Agency
    Siletz, Oregon, July 10th 1873
Sir
    I have the honor to transmit herewith my estimate of funds actually needed at this agency for the 3rd and 4th quarters of 1873.
    In this connection I beg leave respectfully to say
    That this agency was left heavily involved by my predecessor, being not less than $20,000.00 in debt when I took charge April 1st 1873.
    That the funds intended for my use by the Hon. Superintendent of Indian Affairs for Oregon the 2nd quarter of 1873 was taken to pay the expenses of the Modoc Peace Commission, and I received a sum so entirely inadequate for the barest necessities of the agency that after making use of my private means to a considerable amount I have been compelled to incur liabilities, and that I have deferred purchasing indispensable implements for harvesting till now, hoping to receive a liberal appropriation early in July.
    That the employees of this agency have not been paid since Sept. 1872, and now have 3 quarters' salary due them.
    That the Indians know of the liberal offers made the Modocs by the peace commissioners, which they contrast with the inadequate provision made for them--who have remained peaceful, notwithstanding the failure to ratify their treaty--and say "the best way to make the white man do as he agrees is to go to war."
    That while I do not apprehend any immediate danger of outbreak I cannot disguise the fact that there is a feeling of discontent arising from the idea that the government has intentionally neglected them and from seeing all other agencies in possession of grist and sawmills while this has neither, though their treaty called for two of each, and unless steps are taken to convince them that there is no intention to neglect them there may be trouble in the near future.
    I therefore respectfully ask that the sum named in the enclosed estimate--viz--$15,750.00 be appropriated from the incidental (or other) fund for Oregon for the use of Siletz Agency.
    That these Indians have been neglected in the past is a fact that admits of no question, and there is dissatisfaction in consequence, but let them be only convinced of the good intentions of the government and receive a little extra help for three or four years in procuring teams, allotting the land to each, and above all in building them a sawmill, and they will require no further assistance.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Commissioner Indian Affairs
        Washington D.C.
[Estimate of Funds not transcribed]
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 946-949.



Siletz Indian Agency
    July 14th 1873
Sir
    I have the honor to acknowledge the receipt of circular letter dated June 27th enclosing blanks to be filled with statistics of medical supplies &c. Enclosed please find the information desired, though less complete on some points than I could wish. The answers to questions 1 & 2 show the number of instruments belonging to the government fit for use. The doctor has made use of his own in such operations as he has been called on to perform. The circular letter alluded to seems to expect information on some points not embraced in the number of questions--viz--the treaty stipulations on this point. The Indians at this agency have been treated with, but the treaties were never ratified except with one or two tribes, and in the management heretofore no reference has been had to the provisions of the same.
    The Indians claim that having fulfilled the terms in their part they are justified in expecting a corresponding fulfillment by the government.
    The position of the agent is thus rendered more difficult. The original treaty provided for hospital medicines, stores &c. with attendance. Seeing the great necessity of it I fitted up an old building which, though unsuited to the purpose, can be made to accommodate eight persons, which is as many as we are likely to have on our hands at one time. I would however respectfully represent the great need of an attendant and nurse. I have asked permission to employ a person for that purpose but as yet have not heard from the application.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
   
    No. 1. Name of the reservation. Siletz Agency, Coast Reservation.
    2. Locality of the reservation. Pacific Ocean from the mouth of the "Yaquina" Bay on the south to the mouth of Salmon River north about and extending back from the coast about 35 miles.
    3. Extent of the reservation. Something over 35 miles in length by from twenty-five to 35 broad. I have not the statistics by me at present. The measurement give is estimated from the scale of miles on the map published by the Department.
    4. What tribe or tribes are on the reservation? Confederated tribes of the coast, viz--Rogue River, Shasta Scotan, Umpquas, Joshuas, Shasta Costas, Tututnis, Chetcoes, Coquille, Sixes, Euchres, Naltunnetunne, Port Orfords, Mikonotunne &c. &c.
    5. What is the average number of Indians on the reservation during the summer? Belonging to this agency about 800. It is difficult to get a correct estimate till I take a census.
    6. What is the average number of Indians on the reservation during the winter? From 1000 to 1200.
    7. Name of the officer. Geo. W. Whitney.
    8. When was he appointed? Dec. 1st 1871.
    9. Where was he educated? Willamette University, Salem, Oregon.
    10. What is his present yearly salary? $1200.00.
    11. What approximately is the cost of medicines used during the year? $250.00 to $300.00.
Answer to question #12
1   Quinia sul. 13 oz. per year
2 Iodoform 6 oz. per year
3 Pot. iodidon 4 lbs. per year (more would have been used could it have been procured)
4 Pot. brom. 4 lbs.per year
5 Podophyllin 4 oz. per year
6 Rhei pulv. ¾ lb. per year
7 Dover's powders 1½ lbs. per year
8 Bal. cop. 6 lbs. per year
9 Syr. W.C. [with codeine?] 8 lbs. per year
10 Syr. ipeca. 8 lbs. per year
11 Syr. tolu. 8 lbs. per year
12 Syr. senegae 4 lbs. per year
13 Syr. squills 6 lbs. per year
Answer to question #13
1   Quinia sul. 4 oz. remaining
2 Iodoform ¼ oz. remaining
3 Pot. iodidon ¼ lb. remaining
4 Pot. brom. 1 lb.remaining
5 Podophyllin 5 oz. remaining
6 Rhei pulv. 1¼ lb. remaining
7 Dover's powders ½ lbs. remaining
8 Bal. cop. 1 lb. remaining
9 Syr. W.C. [with codeine?] ----
10 Syr. ipeca. 1 lb. remaining
11 Syr. tolu. 8 lbs. remaining
12 Syr. senegae ----
13 Syr. squills ----
[Question 14 obscured on microfilm]
    No. 15. What surgical instruments are on hand? 1 gum lance.
    16. What is their condition for use? Worn out.
    17. Where and how far from the reservation are medical supplies purchased? Portland 125 miles or Salem 75 miles.
    18. What kind of hospital accommodations are on the reservation and what is their capacity? 1 old building fitted for hospital during the present agent's administration, capacity about 8 patients. An attendant is much needed--no appropriations for that purpose at present.
    19. About what proportion of sick Indians prefer to rely upon their own medicine men? Few if any--as far as known, all come to the physician for treatment.
    20. What are some of the most prevalent diseases among the Indians? Syphilis, gonorrhea, consumption, pneumonia, dysentery, rheumatism, intermittent & rem. fevers, acute bronchitis, constipation & dropsy.
    21. What are some of the most fatal diseases? Consumption. If we had a hospital properly fitted with the necessary attendants very many cases that now terminate fatally might be saved.
    22. How many persons on an average, besides Indians & employees connected with the agency, depend upon the agency physician for medical treatment and remedies when sick? Very few settlers in the vicinity--seldom any calls on the physician except by Indians or employees--of employees with families about fifteen.
    23. Are records kept of cases and treatment of the sick? None at present. Records were kept at first, but no call being made [they] were discontinued.
    24. What suggestions or recommendations can you present from experience tending to improve and render more efficient this branch of the civil service in the effort to civilize the Indians? I think a small appropriation for hospital attendance and such articles of comfort as we are now unable to furnish would be of very great advantage. The amount need not be large and should embrace an appropriation for a more suitable building than we now have.
Respectfully
    J. A. Fairchild
        U.S. Ind. Agt.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 962-.968.



U.S. Indian Agency
    Siletz, Oregon, July 17th 1873
Sir
    Referring to my first quarterly report dated June 30th 1873 I would respectfully ask that the sum of $1500.00 (fifteen hundred dollars) be allotted this agency for the 3rd and 4th quarters of 1873 for the establishment and maintenance of a manual labor school. Experience has shown that to implant any permanent system of education in the minds of the Indian children it is necessary to remove them for a time from the control of their parents. The Indians themselves see and acknowledge and are anxious such a school should be established, saying that "they wish their children to learn to be like the Bostons," and for this purpose being willing to surrender control over them. At present all our funds coming from the "incidental fund" for Oregon, there is great uncertainty with regard to the sum that will be allotted this agency. I therefore respectfully ask that the above-named amount of $1500.00 for the 2 quar. of 1873 or $3000.00 per annum be allotted as a special fund for the purpose named.
Very respectfully
    J. A. Fairchild
        U.S. Indian Agent
Hon. E. P. Smith
    Commissioner Indian Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 971-972.



Office Klamath Agency, Ogn.
    July 21st 1873.
Hon. Edwin P. Smith, Commissioner
    Indian Affairs
        Sir,
            As the Oregon Superintendency is discontinued, you will perhaps take interest in the financial affairs of the reservation, to which I would call your attention.
    The appropriations under the Klamath and Modoc Treaty of 1864 are small, almost inadequate to meet the wants of the service, and are often delayed unreasonably long in reaching their destination. Few reservations in the country are so poorly provided for financially, and it is unfortunate that so much delay is made in forwarding the appropriations.
    The Klamath treaty provides for the employment of a supt. of farming, farmer, carpenter, wagon and plowmaker, two teachers, miller, sawyer, physician and blacksmith. It has been customary to pay each of these, with the exception of the farmer, $1000 per annum and subsistence at 75¢ per day, farmer $800 and subsistence. First-class employees cannot be secured for less, and yet Congress only makes provision for the payment of these salaries without subsistence, when the treaty expressly provides that they shall be subsisted. This has compelled the vacation of several very necessary places in order that the appropriations may be sufficient for the salaries and subsistence of those retained. The government would not feel the expense of $273 per annum for the subsistence of each of these employees, the treaty would be fulfilled, and the Indians would realize that government actually intends to make good its promises.
    Klamath Reservation should also, considering that her annuity appropriation of $5,000 per annum for the purchase of necessary implements etc. for farms, employment of additional farm labor, purchase of clothing and subsistence for Indians amounts to almost nothing when distributed among more than a thousand Indians, have a liberal share of the incidental appropriations.
    This reservation, although abounding in fish, roots and other native provisions, from which the Indians by industry make their subsistence, is not suited from reason of its altitude and proximity to mountains of perpetual snow to the production of any of the cereals excepting rye and any but the hardiest garden vegetables. It is, however, in every sense a pastoral region--one of the best in all the land. Its rich lake and river meadows and grassy uplands would afford range summer and winter for 15,000 cattle, and the government could not better promote the interests of these people than by the appropriation of $20,000 to be disbursed by the agent in the purchase of cows. This would afford them a livelihood at once suited to their taste and country, and in a very few years, under proper direction, their next occupation would not only provide them with a comfortable support but make them even wealthy. It is unfortunate that the government cannot be prevailed upon to appreciate the fact that nature has designed the Klamath Lake country for a grand pastoral region, and that wisdom would suggest the development of these resources.
    Camp Yainax is located in the Sprague River Valley about 40 miles east of this place and on the same reservation. The Yahooskin and Wollpahpe Snakes are located there, as also a hundred Modocs who under the old chief Schonchin have remained faithful to the treaty of 1864. A band of Piutes numbering 200, called Ocheho's band, not parties to any treaty, have also been subsisted there during the last three winters.
    Farms have been opened, houses built, and the Indians are anxious to do all they can to become like "white people." This desirable result cannot be accomplished without money. There are many sick but no physician, houses to build but no carpenter, children waiting to be initiated into the mysteries of the white man's "paper" but no teacher, even expenses amounting to perhaps $3,000 incurred during the administration of Supt. Meacham in the purchase of supplies and the performance of the most necessary labor, yet remain unadjusted. These accounts were approved by the Supt., and we were informed that the funds were at one time in the hands of Supt. Odeneal for their adjustment, yet they are not paid, and the employees wonder at the tardiness of the Department in fulfilling its engagements. The funds required for this purpose are the general appropriations for various bands of Snake Indians known as "Shoshones, Bannocks, etc.," to which class the Ocheho band belongs, and the Wollpahpe appropriation of $1200 per annum.
    The Wollpahpe band consists of about 128 people, treated with August 12th 1865. The annual appropriation made by Congress (not specified by treaty) was $2000 for two or three years and then for some unaccountable reason it was reduced to $1200. At first it only amounted to about $15 each in a year, which was of very little consequence either for their support or their advancement in civilization, and even that had to be reduced to $10 each to make the government safe.
    The Ocheho people should this fall be treated with and permanently located at Malheur or Yainax or on a small reservation of their own in Warner Valley, their native home near Camp Warner, and ample appropriations should be made for their care and support. It is doubtless true that whenever practicable Indians should be located in their native valleys. They are happier and healthier and more easily managed than if removed to a home differing in climate, physical features and products from their native place.
    The Ocheho band [omission?] away to Malheur Reservation or a new one at Warner; the Modocs Schonchin's band, Wollpahpe Snakes and Yahooskin Snakes would remain at Yainax. The aggregate would be from 368 to 400 souls at Yainax. Appropriations sufficient to furnish them with a commissary at a salary of $1200 per annum, supt. of farming $900 and subsistence, teacher $900 and subsistence, physician $1000 and subsistence, and blacksmith and carpenter each $900 and subsistence should be made. If no special appropriations can be made for Yainax then Congress should make such appropriations as will enable the agent to furnish the reservation with all employees promised by the treaty of 1864, and at least $5,000 should be appropriated annually for the Wollpahpe band instead of the insufficient $1200, and a large proportion of the incidental appropriation should be allotted to Klamath Reservation.
    So small an amount of annuity and incidental money has been received during Mr. Odeneal's administration that those funds are necessarily quite largely in debt.
    Hoping these suggestions will receive your earnest consideration, I remain, sir,
Very respectfully
    Your obt. servt.
        L. S. Dyar
            U.S. Indian Agent
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 871-876.



THE WESTERN UNION TELEGRAPH COMPANY.
Salem Ohio July 22 1873
E. P. Smith
    Com. Ind. Affairs
        Washn. D.C.
What shall I do with property at Alsea & Malheur. No agent at either place.
T. B. Odeneal
    Late Supt.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 651-652.




Klamath Ind. Agency, Or.
    July 22nd 1873
Sir
    On July 1st 1872, Dr. A. I. Nicklin was appointed physician at this agency with the distinct verbal understanding that he was to render to the agent and employees and their families all necessary medical treatment free of charge, as is customary on all reservations on the coast. On April 30th 1873 he was, for good reasons, discharged. He now presents bills for attendance upon employees and families with threats of bringing suit for collection.
    Will you be so kind as to inform me at your earliest convenience of the law as well as custom in regard to physician's duties to employees on Ind. reservations?
Yours respectfully
    L. S. Dyar, U.S. Ind. Agt.
Hon. E. P. Smith
    Comr. Ind. Affrs.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 877-878.



Klamath Agency, Or.
    July 24th 1873
Hon. E. P. Smith
    Commissioner Ind. Affrs.
        Sir
            I would respectfully ask permission to be absent from the agency for the period of six weeks for the purpose of visiting my aged parents in the state of Maine. My father writes me that he can live but a few months and is very anxious to see me before he dies.
Very respectfully
    L. S. Dyar
        U.S. Ind. Agent
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 879-880.



Copy.
Headquarters District of the Lakes
    Fort Klamath, Oregon
        July 27, 1873.
Asst. Adjt. General
    Department of the Columbia
        Portland Oregon
Sir:
   
In order to prevent disease and suffering among the Modoc Indian prisoners now in confinement at Fort Klamath, Oregon, it has been found necessary to issue to them a small quantity of clothing. A copy of the order ordering the issue is herewith enclosed, with the request that it may receive the approval of the Department Commander.
Very respectfully
    Your obedient servt.
        Frank Wheaton
            Lieut. Col. 21st Infantry
                Commanding
----
Endorsements.
Hdqrs. Dept. of the Columbia
    Portland Ogn. August 7 1873
    The within orders are respectfully forwarded to the Adjutant-General of the Army for the consideration of the Secretary of War (through Headquarters Military Division of the Pacific), with the remark that when the Modoc Indians were captured they were in a most destitute condition, men, women and children. I took them all to Fort Klamath, where they could be better cared for until final disposition was made of them. Humanity seemed to require that blankets and other covering be issued to them at once; this I directed to be done. General Orders No. 76, War Department 1873, had not then been issued. I doubt if it had been received at Fort Klamath when General Wheaton issued his Special Order No. 70 (copy enclosed), but if it had, as before stated, the issue was doubtless required as an act of humanity. I hope the Secretary of War will approve of these expenditures, as also the commissary stores issued to these Indians since their capture. They are prisoners in military charge and must be taken care of, but if it be desired that the expenses incurred in keeping them be charged to the Indian Department, an account of the money value can easily be furnished.
Jeff C. Davis
    Brevet Major General
        Commanding
Forwarded through Headquarters Mil. Division Pacific
----
Enclosure.
Headquarters District of the Lakes
    Fort Klamath Oregon
        July 27, 1873
Special Orders
No. 70
    Upon the recommendation of the post commander the A.A.Q.M. at Fort Klamath, Oregon is authorized to issue to the Modoc Indian prisoners now in confinement at that post such small quantities of clothing as can be spared from the supply of the troops, as may be necessary to prevent unusual suffering.
    Damaged clothing will be issued if on hand.
By order of
    Lieut. Col. Frank Wheaton
        F. A. Boutelle
            2nd Lieut. 1st Cavalry
                A.A.A.Genl.
----
Headquarters Department of the Columbia
    Portland Oregon August 5 1873
Special Orders
No. 100
*    *    *
    2. Special Order No. 70, current series, District of the Lakes, Fort Klamath, authorizing the post quartermaster to issue to the Modoc Indian prisoners, now in confinement at that post, such small quantities of clothing as can be spared from the supply on hand to prevent unusual suffering among them--damaged clothing to be issued if practicable, is confirmed.
By command of Brevet Major General Jeff. C. Davis
H. Clay Wood
    Asst. Adjutant General
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1181-1187.
   



Yreka, California.
    August 2, 1873.
Hon. Ed. P. Smith,
    Commissioner
Sir:
    I desire to call your attention to a matter pertaining to the Modoc Indians who were noncombatants, although they were and now are off "the reservation" and at their old home on Hot Creek near "Dorris' Ranch." The circumstances concerning these Indians--to wit: two men, fifteen women, fourteen children, total thirty-one--are that some of them were on Klamath Reservation with Capt. Jack early in 1870 and left with him, but have taken no part in the late rebellion except that two of the women, Artina Chocus and Dixie, were employed by both the military and peace commissioners to Capt. Jack's band of Modocs, then in the lava bed. Messrs. Fairchild and Dorris have made repeated application to the late General Canby, also to General Gillem and Jeff. C. Davis to have these Indians removed, but have always been met with the reply that said Indians were noncombatants and not under military control. However, General Canby at one time issued an order for rations to be given them, which said order was revoked within a few days. Messrs. Fairchild & Dorris further say that in the suggestion of Genl. Jeff. C. Davis they made a like request of Agent Dyar and received substantially the same reply, that it was not his business, that he considered it the duty of the military to deliver them on the reservation. The facts are that those Indians lived upon the bounty of Fairchild and Dorris at the beginning of the war. They dared not to venture out to dig roots and hunt for fear of the citizens. Their condition requires immediate attention. They are now willing to go to Klamath Reservation, "Yainax Station," if furnished with proper escort and subsistence. On this subject I have endeavored to ascertain the public feeling in regard to "what might be done with Jack's band of Modocs." Before the matter is finally settled, there are extenuating circumstances which should be set forth in behalf of a few of the most loyal Indians who were unwittingly entrapped into Capt. Jack's rebellion. Among these I mention the name of William, who divulged the proposed assassination of the peace commission to Toby Riddle, the Modoc squaw who forewarned the commission of its impending fate. Another Modoc--Ipki--brother of William, who has always been opposed to the war but was unable to escape from Jack's camp, and still another, Dave, who was also forced into the war--also Scarfaced Charley--none of whom were engaged in the murder of the settlers on Lost River or in the assassination of the peace commission. They seem to have enjoyed the confidence of the whites, who knew them previous to that time, and their sympathy since the close of the war. I would suggest that they be allowed to elect whether they will go with Jack's band or locate permanently on Klamath with Old Schonchin.
    I rely principally upon the representations of John A. Fairchild in regard to the facts above stated.
    I conclude from all the information received that to ensure permanent peace Capt. Jack's band of Modocs should be removed entirely from this country except the few above referred to. If, however, those engaged in the Lost River murder and Canby assassination were promptly punished, public sentiment would tolerate the presence of the remainder at Yainax. There is much dissatisfaction expressed at what seems to be an understood arrangement whereby the Modoc scouts employed by Genl. Davis were to be exempt from punishment. Hooka Jim is especially obnoxious on account of his active participation in the tragedies above referred to. He has always been a noisy and bloodthirsty advocate of war and boasts of his achievements in that line. Shacknasty Jim, Steamboat Frank and Bogus Charley were all engaged in both the murder of settlers and the assassination, but had previously been strong advocates for peace. Gen. Davis seems to have thought their service indispensable to bring the war to a close. He says they were faithful and efficient. His promise did not extend further than to avert from them the death penalty, and he feels inclined to redeem the implied promise. Nevertheless, Gen. Davis thinks they should be subjected to some kind of punishment less than the death penalty. The governor of the state and the authorities of Jackson County, Oregon have made a demand for their prisoners with a view to placing them on trial, the result of which can hardly be doubtful.
Very respectfully
    Your obt. servant
        A. B. Meacham
            Specl. Com. Modocs
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 322-330.



Yreka Cal.
    Aug. 2nd
Hon. E. P. Smith
    Dear Sir
        I propose going to San Francisco, to remain perhaps 2 weeks, after which time I propose going to Iowa City, Iowa, to remain two weeks, unless otherwise ordered.
    Telegram will find me at "Russ House," S.F.
    If it is desirable that I should further investigate "the Modoc affair," please notify me before I start east. I have ample material for a full report, which I propose to submit early in Oct. next.
Very respectfully
    Your obt. svt.
        A. B. Meacham
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 320-321.



Grand Ronde Ind. Agency Aug. 5, 1873
Sir:
    This agency has been visited today by a delegation of Nestucca, Clatsop, Tillamook, Nehalem and Salmon River Indians who very urgently petition for some recognition on the part of the government. For several years past they have requested aid from the government, desiring to discard their Indian mode of living and be placed upon the same footing as the Indians of this agency. I beg to refer you to annual report of ex-Supt. Meacham for 1871, pg. 304, Report of Commsr. of Ind. Affrs., who very plainly presents their claim, also report of ex-Supt. Odeneal, pg. 36 Report of Ind. Affrs. for 1871. The prominent feature of their petition is that all the tribes above mentioned be located at either Salmon or Nestucca and receive aid from the government until they get started in agricultural pursuits. They will require plows, harness, oxen, scythes, cradles &c., and one white man to instruct them in farming for a year or two. The limited means at the disposal of the agency and the small quantity of agricultural implements here preclude me from rendering them any assistance unless a further appropriation is made. I estimate that 8 or 10 M
dollars will start them right and if placed at my disposal for their benefit will enable them to take care of themselves after the first year or two.
Very respectfully
    Your obt. svt.
        P. B. Sinnott
            U.S. Ind. Agt.
Hon. Commissioner Ind. Affrs.
    Washington
        D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 867-869.



San Francisco, Cal.
    Aug. 8th 1873
Hon. E. P. Smith
    Commissioner
Sir,    I am well convinced that if a shrewd detective was employed the persons who murdered Indian captives that were in charge of James Fairchild and en route to Gen. Davis' headquarters could be arrested and punished. Gov. Grover says he cannot offer reward. Gen. Davis does not appear to feel that it is his business. The authorities of Jackson Co., Oregon have met and will take steps to bring the murderers to justice, and unless the gen. government takes hold it [is] evident that nothing will be done. The necessity for action is very apparent. Nothing within the power of the government could do more to inspire confidence on the part of the Indians on this coast in the dignity, justice and power of this administration; nothing that would compel so much respect and obedience to law on the part of white men of all classes as thorough, prompt action in this matter. I will most earnestly request that some well-qualified detective be immediately put on the track of the villains and kept them until they were arrested and convicted. I know I am speaking the wishes and opinion of good men anywhere.
Very respectfully
    Your obt. svt.
        A. B. Meacham
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 331-333.



Baxter Springs Kas.
    August 9, 1873
To the Hon. the Com. of Indian Affairs
    Washington D.C.
Dear Sir
    I write you in reference to the matter of caring for and providing for the tribe of Modoc Indians, who are now expected to settle with us in this part of the Territory. My conversation recently with the neighboring tribes leads me to believe that the Modocs will be heartily welcomed among us. During the years '67, '68 and '69 I was engaged in assisting the tribes located in the northeast part of the Territory in building their houses, improving and locating their farms and attending to a variety of business for them. The Modocs will need assistance in [the] same manner, I have no doubt. They will also need provisions to subsist on after they are located. The Ottawas, Peorias, Wyandottes & other tribes have this year raised a surplus of crops, and they desire a market for their grain in their midst, if possible; therefore I wish to furnish the Modocs with such provisions as they may need. I know there will be numerous applicants for contracts to furnish them, and I thought it might be probable that the government and certainly the Indians will be better satisfied to be furnished from the neighboring tribes. I will agree to supply them with everything they may need as fast as needed or as may be directed by the government. All necessary bonds or security which the government may require I am ready to give, and I can refer to any members, chiefs and councils of the Indian tribes in this part of the Territory, and also to the agent to the six tribes, H. W. Jones, and to many citizens of Kansas. I hope you will give us an opportunity of disposing of our crop to the newcomers. If this matter is referred to anyone west, please give me information as to the proper persons to take the application before. I write you because you are at the head of affairs and have the whole direction and can refer it to the proper person.
Very respectfully yours
    Francis King
        Member of the Council of
            the Ottawa Indians
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 140-143.



U.S. Indian Agency
    Siletz, Oregon, Aug. 13th 1873
Sir
    I have the honor to acknowledge the receipt of your communication of July 28th with notice of funds placed to my credit in San Francisco. Permit me to express my earnest thanks for this, as well as the suggestions and instructions contained, which shall be carefully followed. On one point, however, I desire some further information.
    I understand from your communication that the law prohibits me from paying any debts contracted prior to June 30th from this appropriation. Please inform me if this rendering is correct. On my arrival here April 1st 1873, I found the Indians entirely destitute of food.
    The state of public feeling was such I dared not permit them to seek their food outside the reservation and was compelled to purchase flour &c. and feed them here. As I had no money I was compelled to incur some liabilities, thinking by rigid economy to liquidate them from the funds allotted for the 3rd and 4th quarters of 1873. This I understand is not permissible.
    In the expedition for return of fugitive Indians sent by me in compliance with orders from ex-Superintendent Odeneal, liabilities for services &c. were incurred, partly in the 2nd qr. and partly the 3rd qr. of 1873, which have not been rendered in my a/c for the 2nd qr., and have not yet been settled. Under the law am I permitted to pay these claims? No account of them has been rendered, and the service was not fully performed till after the 30th June.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. W. R. Clum
    Actg. Com. Indian Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 977-979.



U.S. Indian Agency
    Siletz, Agency, Aug. 14th 1873
Sir
    Your communication of July 31st in relation to employment of W. C. Chattin as teacher at this agency is just received.
    I regret that Superintendent Odeneal did not in answer to your inquiries of 9th of June give the reasons governing me in the appointment of Mr. Chattin as teacher at $100 per month, as he was fully apprised of and approved them.
    On assuming charge of this agency I was convinced of the necessity of establishing another school--if possible--without increasing the expense. To do this I determined to assume the duties of commissary and clerk myself with such assistance as could be rendered by the teacher at hours when not engaged in the schoolroom. The very great amount of clerical labor required in the proper preparation of my quarterly accounts rendered the temporary employment of a commissary necessary, and the name of M. N. Chapman was forwarded as such. In explanation of the impossibility of performing this duty myself I may mention that the Indians at this agency, composed of ten or twelve tribes who have been hostile in the past, are frequently bringing up old difficulties and require so much of the time of the agent to compose these that little is left for office work. I am glad to say this evil is diminishing. As Mr. Chattin devoted his time, when not actually engaged as teacher, to the duties of commissary, $100 per month was not thought too much.
    The appointment of Mr. Chapman as commissary was only temporary and has already been canceled. The irregularity of reporting all employees as engaged April 1st instead of the date of their first appointment was an unintentional error of my clerk and made without my knowledge. It shall not occur again; through all records having been removed by ex-Agent Palmer it was not possible to give the exact dates. My recent illness has caused some irregularity in my report of employees, which I trust will not occur again.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. W. R. Clum
    Actg. Com. Ind. Affairs
        Washington D.C.
   

[penciled note in a different hand]
    Make no change in the salary of teacher Chattin, at least for the present, and keep this on my table to see whether agent has anything further to say. If he does not, then file leaving salary as appears.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 986-988.



Copy of endorsement on communication of August 1 1873 from Lieutenant  S. P. Jocelyn, commanding Camp Warner, Oregon, relative to Ocheho's band of Piute Indians--copy of which communication was furnished the Interior Department in War Department letter of August 28 1873.
Hdqrs. Dept. of the Columbia
    Portland Ogn. Aug. 15 1873
    This communication is respectfully forwarded (through the Assistant Adjutant General Military Division of the Pacific and proper military channels) to the Secretary of the Interior, inviting attention to the remarks of Lieutenant Jocelyn in reference to making early provision for these Indians during the coming winter. It is a subject which should receive early attention.
    While on an official visit at Camp Warner, about the 10 ultimo, I met Ocheho and his band--about 150 men, women and children--and had several conversations with him. He was away from his reservation at Yainax, by permission hunting, fishing and digging roots, also visiting as he said the
former home of his tribe. Having no authority to talk officially with him in the subject of reservation, I said but little to him on these subjects, but enough to see that he did not like Yainax. He did not seem to fancy the Malheur Reservation much better; he preferred the country around Camp Warner. He had been for some time past drawing rations from the post commissary.
    I think this was the secret of his great liking for Camp Warner. I was satisfied that with proper energy he and his band could--they certainly could at that season of the year--support themselves without difficulty by hunting and fishing, and from digging roots.
    It was for these reasons that I declined to approve of the further issue of rations to this band, [and] directed its discontinuance a few days subsequent the order of the Secretary of War above cited was received.
    This small band of Indians constitute the only necessity of occupying Camp Warner with troops at all. It is a very expensive post. They can and should be sent to some reservation at once. I would recommend Malheur Reservation. I believe he and his whole band can be placed there in a short time and at little expense. My observation is that a few citizens about Camp Warner are doing all they can to keep these Indians there as an excuse to keep a large garrison of troops at that post for the purpose of trade, nothing else.
    After making these statements, I would respectfully ask early attention to the condition of these Indians.
Jeff. C. Davis
    Bvt. Major General
        Commanding
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1191-1196.



U.S. Indian Agency
    Siletz, Oregon, Aug. 18th 1873
Sir
    I would respectfully ask permission to allot these Indians small tracts of land which they may cultivate and improve without the fear that the land may be taken from them. There is an intense desire on their part to own the land where they live. During the term of my predecessor the land was surveyed preparatory to such division, but orders were issued by Supt. Meacham to suspend operations.
    Several of the Indians had bought lumber intending to build on their farms, but after receipt of the order, not wishing to go to the expense of building on what might prove to be the land of another, piled their lumber where it is now rotting. Finding much dissatisfaction among them on account of the failure to receive the lands as promised them, I told them I would make a temporary division subject to the future decision of the Department. If however I could make a permanent division it would be much more satisfactory.
    There is really little encouragement to the Indians to improve their places unless they can be assured the continued possession of them.
    They are exceedingly anxious on this point, and such an allotment would in my opinion do more to encourage them and induce them [to] adopt the habits &c. of the whites than any other one thing.
    The expense would not be great, though if it must be borne by the sum already appropriated for this agency, the two last quarters of 1873, it will somewhat embarrass me.
    I would therefore respectfully ask that a small sum be appropriated for the purpose of making the allotment of land among the different families of this agency.
    On this point I would say that if the land is divided among them, a reservation eight or ten miles square would in my judgment be amply sufficient for these Indians, if the privilege of fishing at the mouth of the Siletz is guaranteed them for the present.
    This would release for settlement a large body of valuable land.
    The Indians here are tormented by the idea that there is a project on foot to remove them from this reservation.
    The failure hitherto to allot the land to them has encouraged this idea, and I have found it a source of more trouble than anything else. Dividing the land would dispel this fear, and in my judgment do more to render the agency self-supporting in three or four years than any other one thing.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. W. R. Clum
    Actg. Com. Ind. Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 989-992.



Department of the Interior
    Office of Indian Affairs
        Washington, D.C., August 29th, 1873.
Sir:
    I have the honor to acknowledge the receipt, by reference from your Department, of a letter under date of the 26th instant from the War Department, enclosing copies of papers relative to the issue of clothing to the Modoc Indian prisoners in confinement at Fort Klamath, Oregon, and stating that the Hon. Secretary of War deems it proper that said issue should be charged to this Bureau.
    In reply I have to say that, under the circumstances, the property issued as aforesaid is not considered as a proper charge against the Indian appropriations. The said Indians are under the control of the War Department as prisoners of war, and whatever expense there may be incurred in clothing or in feeding them should, in the opinion of this office, be borne by that Department.
    The papers in the case are herewith returned.
Very respectfully
    Your obdt. svt.
        Edw. P. Smith
            Commissioner
The Honorable
    Secretary of the
        Interior
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1188-1190.



Grand Ronde Ind. Agency, Or.
    Sept. 1, 1873.
Sir:
    I have the honor to enclose reply to circular relative to the Medical Department of this agency.
    There is no existing treaty stipulation with any of the Indian tribes on this agency per physician or medicines. They are maintained from the general incidental fund.
Very respy.
    Your obt. svt.
        P. B. Sinnott
            U.S. Ind. Agt.
Hon. E. P. Smith
    Commission Ind. Affrs.
        Washington D.C.
   

No. 1.   Name of reservation.    Grand Ronde.
2. Locality of the reservation.    Northwestern part of the state of Oregon.
3. Extent of the reservation.    Sixty-nine thousand, one hundred & twenty acres (69,120).
4. What tribe or tribes are on the reservation?    Yamhills, Luckiamutes, Wapatos, Santiams, Umpquas, Rogue Rivers, Shastas, Oregon City Calapooias, Molels, Mary's River, Cow Creek band of Umpquas, Molallas, Clackamas.
5. What is the average number of Indians on the reservation during the summer?
Four to five hundred (4 to 500).
6. What is the average number of Indians on the reservation during the winter?
Eight hundred (800).
7. Name of the officer.    W. B. Cardwell.
8. When was he appointed?    Oct. 5, 1872.
9. Where was he educated?    Bellevue College, New York.
10. What is his present yearly salary?    $1473.75 currency.
11. What approximately is the cost of medicines during the year?    Five to six hundred dollars (5 to $600).
12. What is the amount of medicines used annually? Give estimated amount of each of a dozen or more leading articles.    1st. $5 to 600.    2nd. Quinine 2 oz., tinct. opii 3 cl., aqua ammonia 5#, c.c. pill 500, turpentine 10 gal., alcohol 5 gal., calomel 5#, cod liver oil 2 oz., asstd. vials 2 gross, iodoform 3 oz., corks asstd. 5 gross.
13. What is the amount of each of these leading articles now on hand?    Quinine 1 oz., turpentine 1 gal., iodoform ¼ oz.
14. What is the cost of medicines, giving the cost price per ounce, per pound &c. paid for each of a dozen of leading articles.    Quinine 3.50 per oz., tinct opii 1.75 per cl., aqua ammonia 1.50 per lb.,  c.c. pill 88¢ per 100, turpentine 1.50 per gal., alcohol 2.50 per gal., calomel 1.75 per cl, cod liver oil 10¢ per doz. asstd. vials 4.00 per gross, iodoform 2.75 per oz., corks 30¢ per gross, syrup ipecac 1.20 per cl.
15. What surgical instruments are on hand?   1 case surgical instruments, 1 scarificator, 12 blades, 1 speculum.
16. What is their condition for use?    In good order.
17. Where and how far from the reservation are medical supplies purchased?    Salem 30 miles & Portland 70 miles.
18. What kind of hospital accommodations are on the reservation and what is their capacity?    None--though much needed.
19. About what proportion of sick Indians prefer to rely upon their own medicine men?    Two-thirds.
20. What are some of the most prevalent diseases among the Indians?    Lung diseases, syphilitis, rheumatism, fevers.
21. What are some of the most fatal diseases?    Consumption, hereditary syphilis, scrofula, complaints.
22. How many persons besides Indians (employees connected with the agency) depend upon the agency physician for medical treatment and remedies when sick?
No other physician within twenty miles of the agency--all employees would depend upon agency physician when sick. None have had occasion for his service this past year.
23. Are records kept of cases and treatment of the sick?    No. Some years since there was. It involving much trouble & being of no utility--was abandoned.
24. What suggestions or recommendations can you present from experience tending to improve and render more efficient this branch of the civil service in the effort to civilize the Indians?    The greatest obstacle in the advancement of these Indians is the influence of their medicine men & women. They anxiously retain their practice for the pay they receive-which is generally all their patients possess--lose no opportunity to thwart the efforts of the physician, though many of the Indians openly avow their preference for the regular physician, secretly employ the Indian doctors. The establishment of a hospital, where the sick could be taken from their homes and receive the personal attention of the physician, so that he could have the entire control of the stick, would be of great advantage and ultimately destroy the control the Indian doctors now have. No greater reform or more beneficial expenditures could be made than the building and maintaining [of] a hospital.
P. B. Sinnott
    U.S. ind. Agent
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 882-886.



Washington City D.C.
    Sept. 3rd 1873
Hon. E. P. Smith
    Comr. Ind. Affrs.
        Sir
            I would respectfully represent to you the great wants of the Klamath Ind. Reservation and the reasons why a large share of the Incidental appropriation for Oregon should be given to this agency.
    Most of the other reservations in Oregon have been long established on good farming lands, have heretofore received their full share, and some of them much more than their share of that appropriation, and are now nearly self-supporting, while on the contrary the Klamath Reservation is comparatively new--the Indians are almost destitute of tools of any kind, because of their never having received the $80,000.00 to which they were entitled by treaty and which was appropriated by Congress but squandered by an Oregon Superintendent. It is a long distance from the source of any supplies except beef, so that the cost of freighting supplies is very great, and it is cold and frosty to such a degree as to render agriculture very uncertain.
    It is well adapted to stock-raising, however, and if these Inds. ever become self-supporting it must be through this source. They are very anxious that cattle should be furnished them, and I have no doubt but if $4,000.00 were to be judiciously expended in cattle for them they would in a very few years be entirely independent. The Klamaths and Modocs are quite enterprising and are ready to work when they have anything to work with, or for. I would most earnestly request that sufficient funds be furnished to enable me to purchase five wagons, five sets double harness and $4000 for purchase of cattle beside the usual amount for necessary expenses. I would call your attention to a letter written by me about July 1st 1873.
Very respectfully
    Your obt. servt.
        L. S. Dyar, U.S. Ind. Agt.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 888-890.



Department of the Interior,
    Washington, D.C. September 5th 1873
Sir:
    Referring to your letter of September 4th enclosing a communication from A. B. Meacham, late commissioner &c., relative to the necessity of engaging the services of a detective to procure the arrest of the parties engaged in the massacre of the Modoc prisoners, I have to say that whenever a person shall have been designated by the Indian Office for the purpose named, this Department will take action in the case.
    The communication of Mr. Meacham is herewith returned.
Very respectfully
    Your obdt. servant
        B. R. Cowen
            Acting Secretary
The Commissioner
    of Indian Affairs
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 120-121.



U.S. Indian Agency
    Siletz, Sept. 5th 1873
Sir
    I respectfully desire to call your attention to the fact that by treaty the Rogue River Indians are entitled to $3000 per annum for beneficial objects--that full one half the tribe are residing on this reservation and subject to this agency, while the remainder are at Grand Ronde in this state.
    That for the 1st and 2nd quarters of 1873 no portion of the fund was received at this agency, but the whole amount was used (as I am informed by ex-Supt. Odeneal) for the benefit of that portion of the tribe residing at Grand Ronde Agency. Under these circumstances I respectfully ask that the remainder due ($750.00) for the 3rd and 4th quarters of 1873 be placed to my credit for the use of the half tribe residing here, or if that is impracticable that the whole amount ($1500.00) for the 1st and 2nd quarters 1874 be allotted to this portion of the tribe. Owing to the fact that I only assumed charge here April 1st I was not aware of these facts and therefore did not in my requisition for funds represent them.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Com. Ind. Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1005-1007.



THE WESTERN UNION TELEGRAPH COMPANY.
San Frans. Cal. Sept. 9 1873
    7:17 p.m.
Hon. Ed. P. Smith
    Commr. Washn.
I have consulted Governor Booth; we recommend that matter be entrusted to us. Secret Service Dept. will give information when instructed to Col. Farmiyer [?]. My address for fourteen days forty-two Tehama St., San Fran.
A. B. Meacham
    Spl. Collector
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 334-335.



U.S. Indian Agency
    Siletz, Oregon, Sept. 9th 1873
Sir
    I have the honor to acknowledge the receipt of your communication of the 28th ult. informing me that the sum of $1500.00 would be placed to my credit with the 1st National Bank of Portland for the establishment of a manual labor school at this agency.
    Permit me to express my earnest thanks for this appropriation and my hope that it may produce all the good results I so confidently expect from it.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Com. Ind. Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1018-1019.



Concordville, Delaware Co., Pa.
    9 mo. 11, 1873
U. S. Grant
    Esteemed President
        I am a member of the Society of Friends, for which, however, I do not claim to be a saint, but if rightly knowing my own mind I have a strong desire for the advancement of truth and practical righteousness.
    I presume thou hast received many letters in relation to the Modocs, and I do not wish to be in any way troublesome, but as I sit in meeting this morning the subject of those prisoners arose before my mind, and it seemed to impress me so forcibly that I believe it to be right to lay the case before thee, hoping the judgment in the matter (be it what it may) will be for the very best.
    It appeared to me that the government that had shown so much advancement in Christian charity in its treatment of those lately in rebellion against it should not now be stained with the blood of a few miserable savages, poor, ignorant and deluded, yet withal men and brothers in the sight of the Infinite Creator of us all.
    And the proposition came before me which I will state, in a spirit of love, for thy consideration.
    It is that those prisoners may be sent to some island or place of security for the rest of their lives, with or without some of the rest of their tribe. And that some one or more be sent with them to have charge over them, that endeavors be used to enlighten them in the better way of life and awaken in their hearts that sense of truth and right which will lead them into a condemnation of their previous course.
    Now, though I have a good home, am surrounded with a family whom I love, and have no desire for preferment in political affairs, yet should there be no one more suitable nor willing to undertake the task, my name is at thy command, for as undesirable to me is the undertaking, I would much rather do it than to see the Christian name and power of this beloved nation lowered in the sight of God and man.
Very truly
    Lewis Palmer
9 mo. 24 1873
P.S. Since writing the above I have deferred sending it, hoping it would not be required of me, but I now seem to feel it right to send it.
L. P.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 740-745.



Newport Oregon
    Sept. 17th 1873
G. P. Litchfield
    U.S. Indn. Sub-Agent
        Sir,    You spoke while here of writing to the Commissioner of Indian Affairs a true statement and full history of the condition of Alsea Agency at this time, also the state of indebtedness prior to your taking charge.
    You will please inform the Department that during the last three years the Indians in the Alsea Sub-Indian Agency have received but one small amount of presents, and that was furnished by A. B. Meacham. Since T. B. Odeneal went into Supt. office they received nothing. Call their attention to the fact that I carried on all the business of the agency with Indian labor and thereby placed within their reach many dollars which they never before got. In order to carry on the business of the agency successfully I was compelled to use my own money. I could not get that portion of money due the Alsea Agency from T. B. Odeneal--he had so many other places to use it (I suppose).
    Bear in mind my salary from Jan. 1st to June 7th is unpaid, and all other necessary expense of the agency.
    Had I not advanced my own money it would have been actually impossible for me to have carried on the business of that agency.
    I did not receive one dollar from T. B. Odeneal to defray the expenses of the Alsea Agency from January 1st to June 7th 1873 except interpreter fund. I want you to place this matter plainly before the Department and ascertain for me where I am to receive money.
Yours truly
    Samuel Case
The indebtedness of agency prior to your taking charge was about $2500.
   

Sept. 22 1873
    Office Alsea Agency Oregon
    Sir--I have just recd. a circular letter from your office requiring a statement of funds unexpended prior to the first of July 1873 to explain fully the situation of this agency finally up to the 7th of June, the time of my taking charge as Special Commissary. I enclose a private letter from Mr. Case to me, he being the person whom I relieved. I am anxious for him as well as myself, and the good of the Department, that the situation be thoroughly understood by you. I had supposed that ere this myself or someone would have been appointed agent is the cause of my delaying posting on this point before this. I understood on my taking charge of this agency that there were funds on hand to build comfortable quarters for the agent, and also funds to organize a school with. My being only commissary, I of course did not receive the funds, only heard of them. Most of the lumber to build the house is on the ground, part of which is still unpaid. Mr. Case purchased it with the advice and counsel of the Superintendent, expecting that it would be paid out of the fund for that purpose, which has been idle for months. The credit of the Department has been injured, and individuals have in some cases been inconvenienced to a great extent by giving so long credit for which they were yet able. I have had in some cases to become responsible for work and articles needed for the agency. It works much disadvantage in employing Indian labor. They do not understand the credit system. The Indians have been promised and expected long ago the school for which the fund was appropriated. If you direct your attention to this agency you would find the Indians sadly neglected for the past few years. I have been anxiously expecting the arrival of the Inspector, but I do not expect him till about the 10th of October, which will be late for building. I wish some directions soon. The buildings are needed badly before winter rains begin. Enclosed I send you an Estimate of Funds which I think will be needed to make this on equal footing with other reservations, and which these Indians especially deserve at present for their past behavior and present wants. Part of these Indians are held here on the reservation with a promise of a treaty which was never ratified, and they deserve some consideration on account of that they have always been loyal & submissive to the agents in authority over them. Hoping these thoughts will meet with your approval,
I remain your obt. servant
    Geo. P. Litchfield
        Special Commissary in Charge
            Alsea Agency
                 P.O. Address via Newport
                      Benton Co.
Commissioner Ind. Affairs
    Washington
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 182-188. Estimate of Funds not transcribed.



Jacksonville
    Sept. 20th 1873
To [blank]
    Sir
        I desire to call your attention to the following statement of facts. In Sept. 1872 I was awarded the contract to furnish 50,000 pounds of beef to the Modoc and Snake Indians at Camp Yainax in this state. I fulfilled the contract, which was at a very low figure.
    In February 1873 I was ordered by Sup. T. B. Odeneal to furnish 30,000 [pounds] additional at the same place. This was also furnished.
    In April 1873 during negotiations between the peace commissioners and Capt. Jack I was authorized by the peace commissioners to furnish 20,000 pounds more, at the same place. The beef was furnished as directed by them. On the whole amount of the three contracts I have only received $2,875.00, the balance being still due. Six months having elapsed since the close of the last contract, I would respectfully ask why having fulfilled my obligations to the letter the government does not fulfill its obligations by paying the balance due me. I am in great want of money to pay for cattle furnished, and hope that the matter will receive your immediate attention and be passed upon at once. Awaiting a reply I am very respectfully
Your servant
    A. Langell
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1225-1227.



Farmington, Maine
    Sept. 20th 1873
Sir
    In answer to your letter of 17th inst. enclosing diagram of lands belonging to the Ogn. Central Military Road within the limits of Klamath Reservation, and requesting my views in regard to whether the Indians can be properly provided for on the reservation, and the steps best to be taken in the premises, I will say 1st:
    I deem it of the first importance that the Department should understand fully that this is a matter that should be handled very carefully if trouble would be avoided. When the treaty was made with these Indians, they understood that the reservation took in the whole of the arable portion of Sprague's River Valley, but the line was run some six miles to the west of where they understood the eastern line to be, thus leaving out a part of the best portion of the valley. This caused much dissatisfaction at first, but they concluded that they had enough still left and became quiet. Now they understand that all the land within the limits of the reservation is theirs by treaty, and that the government is bound to make them secure in the possession of it.
    2nd. Should. the lands of the company be occupied by white settlers, endless difficulties would be the consequence. Some of the land claimed by the company is now occupied by the Indians, and also probably a part, at least, of the govt. farm at Yainax Station. If the Indians could be induced to remove to someplace better adapted to agricultural purposes, it would be better for them, perhaps, but I do not think it could be done.
    Considering all the circumstances, I think the best thing to be done--if the govt. cannot purchase all the land claimed by the company upon the reservation--is to purchase all that portion lying south of Sprague's River, amounting to about thirty-two sections. Should this be done, they can be subsisted with little difficulty within the limits of the reservation. Otherwise there will be serious trouble. If this can be accomplished, and the Indians pacified, it will be--in my judgment--very much the cheapest way out of the difficulty. Should the whites be allowed to settle along the south side of Sprague's River, the Indians then would have to be removed to the western portion of the reservation, which is impracticable.
    Should my views change on my return to the reservation I will write you again.
Very respectfully
    Your obt. sert.
        L. S. Dyar
            U.S. Ind. Agt.
Hon. E. P. Smith
    Commissioner of Ind. Affrs.
        Washington
            D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 891-894.



U.S. Indian Agency
    Siletz, Oregon, Sept. 20th 1873
Sir
    In my letter of July 5th I mentioned the fact that I had received for the 2nd quarter 1873 ult. $1470 and had been compelled to incur some liabilities. This was rendered necessary by the destitute condition of the Indians and the state of feeling among the people outside the reservation, which was such I could not permit the Indians to go among them for work.
    This condition of affairs was explained at the time to Superintendent Odeneal and my action approved. The amount of such liabilities incurred during the 2nd quarter 1873 and unpaid is as follows. General and incidental expenses, purchases of supplies including sum due for Rogue River annuities 1st & 2nd qrs. 1873 &c. &c. including expenses for return of fugitive Indians by special order of Superintendent = coin $1720.00; currency $1849.11; pay of employees 2nd qr. $2560.60.
    Of this amount a large portion was incurred on the expedition to Coos Bay and Umpqua for return of fugitives (an utterly unnecessary trip, as it proved) undertaken as before noted by positive order from the Superintendent.
    I would respectfully ask if consistent with the welfare of the service that this amount be placed to my credit from unexpended balances or other source for the payment of these liabilities.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Com. Ind. Affairs
        Washington D.C.
   

Total amount in currency $6376.47
estimating coin @ 114.25
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1022-1024.



U.S. Indian Agency
    Siletz, Oregon, Sept. 29th 1873
Sir
    I have the honor to acknowledge receipt of your communication of the 9th inst. relative to the allotment of lands at this agency.
    On my arrival here April 1st to assume charge I found this question of the allotment of lands uppermost in the minds of the Indians.
    Surveys had been made preparatory to allotment, and many of them had purchased lumber to build houses, barns &c. on their farms. The order to suspend operations created great uneasiness in their minds, which was increased by the knowledge that interested persons were circulating petitions asking for their removal.
    When these Indians first abandoned their title to their former country certain stipulations were made by the agents of the government which were never ratified.
    It is impossible for an Indian to understand why an officer authorized to make treaties is not authorized to carry them into effect, especially as the Indians were required to fulfill their part of the compact at once. For seventeen years the Siletz Indians have waited for the ratification of their treaties, and each successive agent has been anxiously asked if he brought the authority which would enable them to call their homes their own. When to this feeling [of] distrust caused by the failure to ratify their treaties is added the knowledge that unremitting efforts are constantly being made to procure their removal, sufficient cause or dissatisfaction is developed to make an agent much trouble. When the survey of the lands was ordered it was accepted by the Indians as an evidence of disposition on the part of the government to treat them with justice and disregard the clamor for their removal, but when the work was suspended all the former suspicions revived with increased force. Such was the state of affairs on my arrival. I soon found the principal obstacle to improvement on the part of the Indians was the fear they would be required to abandon their homes here and remove to some other country, together with the want of confidence felt in the govt. and its agent. They knew of treaties having been ratified with other tribes who had less claim on the favor of the govt. than they. Under these circumstances I found it necessary to promise that sometime after harvest I would designate tracts of land on which each family might reside and cultivate with the understanding that instructions from the Department might modify or change my action. This promise gave great satisfaction, and the Indians have manifested this season an industry never before displayed.
    As I have before stated in my letters I am satisfied no measure could be adopted that would encourage these Indians to improvement like the allotment of lands. It would at once set at rest the fear of removal that now torments them, and give them confidence in the good intentions of the govt. that would be of incalculable benefit to any effort for their improvement.
    These efforts to accomplish their removal are by no means abandoned. It is currently reported that one or two unprincipled persons who expect to reap some pecuniary advantage from the measure have prepared petitions asking the govt. to enforce their removal, which will be presented for signatures at every election precinct in the county in October at the election.
    Of course those who entertain a contrary opinion (much the most numerous party) will not be allowed to express their wishes. Except [for] the agent the poor Indians have no one sufficiently interested to present the other side of the question to the people, and the probability is the petition will be numerously signed.
    An act of grosser injustice and wrong was never contemplated, and no candid person can blame the Indians for a feeling of dissatisfaction and district of the whites when they see these efforts and know of the determination to drive them by some means from the country. The means adopted by these parties to receive their ends are such as must meet the reprehension of every honest man. No effort short of actual violence has been left untried to produce some outbreak on the part of the Indians or at least such conduct as would give color to the petitions for their removal. I have constantly endeavored to impress upon the Indians the advantages of discarding their superstitious notions and adopting the customs &c. of the whites. In this we have been very successful.
    Though but 6 months have elapsed since we arrived, a church of between 40 and 50 has been organized, and each sabbath numbers of the Indians express their determination to abandon their "Indian law" and adopt the "Boston law" or the customs of the whites.
    No people ever manifested a greater desire for improvement, and never I believe was the prospect for accomplishing good greater than here one month ago. It will hardly be believed that these parties who are seeking to accomplish the removal of the Indians are throwing every obstacle in the way even of their material improvement. Yet such is the case. Our missionary labors are ridiculed and belittled; our efforts to improve and teach the Indians are misrepresented; our motives are impugned, and the most monstrous falsehoods are circulated about those engaged in this work and the progress already made. This last cannot be denied, but every device is resorted to to create a false public opinion respecting the improvement of these Indians.
    If their efforts stopped here, they would be considered unworthy of notice and we might safely leave our vindication to time, but the Indians are tampered with. Many of these men having long resided near here are well known to the Indians, and some have secured their confidence.
    They now tell them they are doing wrong to abandon the customs of their ancestors, that their superstitious notions are true, that by constantly keeping up their dances for the dead their deceased friends will return to life and the whites all be forced to leave the country, that they (the whites) have seen and talked with their dead friends returned to life, that the agent is interested in keeping the truth from them and wants to injure them, that it is necessary they should continue to dance in spite of his prohibition &c. &c. In addition to all this, whenever it has been possible without detection, the Indians have been encouraged to drink and in one or two instances have been intoxicated.
    Of course many of these things would be amusing were it not for the evil influence over the Indians.
    During the harvest months many of our people have been permitted to go outside to earn teams &c., and it was on their return I ascertained the facts above mentioned, and found the labors of the past 6 months almost destroyed. The motives of these parties are easily seen to create a conflict between the agent and Indians, destroy the good already accomplished and give some color for the removal of the Indians.
    They have no such pretext now. As might be expected, the knowledge that some people (they do not know who) are laboring to secure their removal, and the failure to give them the land produces great uneasiness in the minds of the Indians at which no one can wonder.
    I would earnestly urge that the lands be divided among the Indians soon and thus allay the district they now feel. Secure them in the possession of their homes and there is placed before them every incentive to industry. They are industrious and willing to labor; they only ask to know that the reward for their labor is their own. Indeed, where could they be removed so little in the way of white settlement and in a country so well adapted to themselves? This reservation is a belt of mountainous country with numerous small streams putting into the sea, up which the salmon run in their season, thus affording a means of subsistence to the Indians.
    The bottoms on these streams are narrow and unfit for agricultural settlement, while the mountains are rugged and heavily timbered. Except the 4 stations now occupied by the Indians where is from 2000 to 3000 acres good, arable land, I know of none on the reservation fit for cultivation.
    Leaving entirely aside the question of the justice of the movement, as a matter of finance the removal would be injudicious. The government could better afford to purchase and give to every person who would settle here should the measure be adopted a good farm well improved and stocked than to buy the improvements of these Indians and be to the expense of their removal.
    In conclusion I would say that the whole movement is originated and carried on by selfish and designing men who hope to reap some pecuniary advantage from their removal.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Com. Ind. Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1025-1033.



U.S. Indian Agency
    Siletz, Oregon, Oct. 2nd 1873
Sir
    I would respectfully call the attention of the government to the necessity of allotting the lands on this reservation in severalty to the Indians and would urge the following reasons.
    1st. These Indians have now arrived at that degree of civilization where they no longer depend on hunting and fishing for subsistence, but with the exception of a very few of the older ones look to their crops solely for means of support. They are industrious, as a proof of which I would refer to the fact that this year nearly 1000 acres have been sown and harvested by their own labor. Several have crops of 600 and 800 bushels oats and from 200 to 300 bushels wheat, and had no disease interfered with the potatoes several would have dug from 800 to 1000 bushels of that crop alone.
    2nd. They are exceedingly anxious on this point regarding it as an evidence of the good intentions of the government on the contrary. They feel they have been unjustly treated in the failure to ratify treaties made when they relinquished their right to their former country, but now only ask the secure possession of their present homes.
    The feeling on this point is intensified by the knowledge that efforts are now being made to procure their removal from this reservation.
    For seventeen years they have patiently waited for the fulfillment of the promises made when they first consented to leave their homes and come here, and in that time have seen their children grow up around them, their old people pass away, and have thus become attached to this--the only home many of them know.
    3rd. It has been promised them. Surveys were made in 1871, and the Indians were assured of the possession of their lands, but the work was suddenly suspended and no allotment was made.
    This coupled with the failure to ratify their treaties, as might be expected, has produced want of confidence in the good faith of the government and consequent dissatisfaction, which greatly hinders all efforts for their civilization.
    4th. They deserve this simple justice. They are tractable and peaceable, and during the time I have been agent have made great progress towards civilization and manifest an intense desire to improve their condition. It is impossible to convey an idea of the feeling on this subject--division of their lands. They regard it as a test question whether they will be permitted to remain in the country given them or be forcibly removed to some less desirable location. There is no measure that would be [of] so much influence [upon] them for good as this.
    It would place before them the highest incentive to exertion--the knowledge that they are laboring for themselves.
    5th. The tract of country contemplated for the Indians is not desirable for settlement by the whites. Its area of arable land is so small that it would make but few farms while it is so far removed from other settlements that communication would be difficult. This last fact renders it the more proper for the Indians as they are thus removed from too frequent contact with whites.
    6th. The Indians in expectation of such division have many of them purchased lumber and other material for houses, barns &c. while others have built and made valuable improvements on such tracts as they fancied they might secure when the allotment was made.
    7th. It would be of incalculable benefit to the moral as well as material improvement of the Indians. It would remove the tormenting fear that they will be forced to give up their homes and would restore confidence in the govt. and its agents.
    8th. The number to be provided for will not exceed 800 men, women & children. At our procession July 4th there were 437 in procession. These were of course only able-bodied adults and children not less than ten years old, while many of the people were not present, but were at the mouth of Siletz River fishing. It is difficult at this time to arrive at a correct estimate of the number of people, as many are fishing at different points on Siletz River and Yaquina.
    9th. The portion of the reservation best adapted to the purpose is that already occupied by the Indians, substantially that surveyed for this purpose in 1871 during the incumbency of Gen. Palmer, my predecessor. In my judgment, however, it would be advisable to extend the surveys some two miles farther east so as to include the portion now occupied by the Galice Creek Indians belonging to this agency.
    For these as well as many other reasons that might be urged I respectfully ask that this measure may be carried out and these Indians secured in the peaceable possession of their homes.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Com. Ind. Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1034-1039.




San Francisco Cal.
    October 5th 1873
Hon. Commissioner of Indian Affairs
    Washington D.C.
        Sir,
            In compliance with your instructions I herewith submit report of the late "Modoc war," and in the absence of other members of the special commission to the "Modocs," report individually and as chairman of said commission.
    Receiving letter of instructions dated Feby. 5th 1873, I proceeded under said instructions to arrange for a consultation with Genl. E. R. S. Canby at Fairchild's ranch. The commission was organized Feby. 18th, consisting of Jesse Applegate, Samuel Case, acting agent at Alsea, Oregon, A. B. Meacham, chairman, and Genl. E. R. S. Canby as advisor.
    Referring to letter of instructions, you will discover that the duties of the commission were: The objects to be obtained by the commission are these: "1st, to ascertain the causes which have led to the difficulties and hostilities between the United States troops and the Modocs;" and, secondly, "to devise the most effective and judicious measures for preventing the continuance of these hostilities, and for the restoration of peace." Hostilities being suspended, the commission deemed it advisable to change the order of proceeding, and accordingly sought first to devise means to prevent the renewal of war. Messengers were employed to visit the Modocs and arrange for a meeting: First, Bob Whittle and wife, "Matilda" (an Indian woman), were sent Feby. 19th with instructions to announce to them the presence of and desire of the commission to arrange for a council meeting with the view of adjusting the difficulties that existed, and to prevent a reopening of hostilities, also to ascertain with whom the Modocs would prefer to arrange the contemplated council.
    Whittle and wife returned on the 20th and reported the Modocs willing and anxious to "meet Riddle and Fairchild to conclude details" for the proposed meeting. Fairchild was entrusted with the message and, accompanied by Riddle and "Artina" (a Modoc woman), visited the Modoc camp, a distance of twenty miles from headquarters, with. a "message to Modocs" as follows. "Fairchild will talk for the commission; what he agrees to we will stand by. Hie cannot tell you any terms, but will fix a time and place for a council talk, and that no act of war will be allowed while peace talks are being had. No movements of troops will be made. We come in good faith to make peace. "Our hearts are all for peace." This message was signed by Meacham, Applegate and Case, with the approval of Genl. Canby. Fairchild and party returned on the 23rd and reported the Modocs as willing and anxious for peace, but had not arranged for a meeting, because they were "unwilling to come out of the lava beds."
Fairchild's Proposed Meeting Between the Lava Beds and Headquarters.
    This proposition was not agreed to, but a request for "Judge Steele," of Yreka, to visit them was made, and in compliance he was sent for, with the hope on our part that from his intimate acquaintance with these people he might secure the meeting. Judge Steele arrived at "headquarters of commission" on the 4th of March, and the board of commissioners were called together, now consisting of Applegate, Case, Meacham and Judge Rosborough, who had been added at the request of Genl. Canby. Steele, being present, accepted the mission as messenger to arrange for the meeting of commission and the Modocs, but unwisely was authorized to offer terms of peace, which was "a general amnesty to all Modocs on condition of their full and complete surrender and consent to remove to a distant reservation within the limits of Oregon or California, Messrs. Rosborough, Case and Applegate voting in the affirmative, and Meacham in the negative.
    He was further instructed to say to them that "Genl. Canby would make peace and conclude terms."
    Messrs. Rosborough, Case and Applegate voting in the affirmative, and Meacham in the negative.
    On the 5th of March, in company with Riddle and Toby, Fairchild, and R. H. Atwell as reporter, Judge Steele visited the Modoc camp.
    Failing to secure a meeting of the commission and Modocs, [he] made then, under instruction, the proposition above referred to, also stating that Genl. Canby was authorized to conclude the arrangement for the surrender and removal. The propositions were not well understood, and created some discussion among the Modocs.
    Capt. Jack, speaking for the people, accepted the terms offered, though protests and evidences of dissatisfaction were evidently made. Steele had not, however, seemed to have been aware of this fact, for on his return to headquarters he reported that "peace was made; they accept." A general feeling of relief followed, couriers were summoned to bear dispatches, when Fairchild, who had been with Steele, declared that "there was some mistake; the Modocs have not agreed to surrender and removal." The Modoc messengers who had accompanied Steele and party to headquarters were questioned, when it was discovered that some misunderstanding existed.
    Steele, however, confident that he was correct, proposed to "return to the Modoc camp and settle the matter beyond question." On Steele's second visit Fairchild declined going, fearing, as he said, "that the Modocs would feel outraged by Steele's report." Atwell again accompanied Steele, who, on arrival or soon thereafter, discovered that a great mistake had been made in reporting the first visit of Steele and party. The demonstrations were almost of hostile character. He was accused of reporting them falsely and working against their interests. His long acquaintance with Capt. Jack and Scarfaced Charlie, and consequent friendship, saved him and party from assassination, these two men, and one or two others, standing guard over him throughout the night. The following morning he averted the peril by proposing to return and bring "the commission with him," and on this promise he was allowed to depart. On his return to headquarters he made a fall report of the visit, stating the facts above referred to, and warning.the commission of the danger of meeting the Modocs, except on "equal terms and on neutral ground," and expressing the opinion "that no meeting could be had, no peace could be made." The substance of these reports and conclusions were forwarded to the Hon. Secretary of the Interior, who replied as follows: Washington D.C., Mar. 5th 73. "To A. B. Meacham Fairchild's Ranch via Yreka Cal. I do not believe the Modocs mean treachery. The mission should not be a failure. I think I understand their unwillingness to confide in you. Continue negotiations. Will consult the President and have the War Department confer with Genl. Canby tomorrow.
Signed C. Delano
    On the day following Steele's return from the second visit, a delegation of Indians from the Modoc camp arrived. Mary (sister of Capt. Jack), acting as messenger, proposed that if "Genl. Canby would send wagons to meet them, the Modocs would all come out and surrender on the terms proposed by Steele on the first visit." Genl. Canby, then acting under the authority of the vote of the commissioners transferring the whole matter to his care, accepted the proposition and named a day on which the final surrender should be consummated.
    However, before the time appointed, messengers arrived from the lava bed, asking for further time to arrange for leaving camp, alleging that they were then burying their dead and could not come at the time appointed, but would comply at a subsequent period.
    Genl. Canby appointed another day, and assured the messengers that unless they were faithful to the compact he would "take steps to compel compliance."
    The day before the appointed time, Toby Riddle informed Genl. Canby of intended treachery on the part of the Modocs, saying "no Modocs come; maybe come to steal teams. They no give up." Her warning was not accredited. The wagons were sent. Applegate, sanguine of the surrender, resigned and returned to his home, believing that "peace was made." Mr. Case, who had been relieved at his own request, had also left headquarters. Messages had been sent to the Department at Washington announcing the anticipated result, and the whole country was rejoicing, when, late on the evening of the appointed day, the wagons sent out by Genl. Canby returned without the Indians.
    All of which was made known to the Department. Further negotiations seemed to be hopeless; nevertheless, knowing the anxiety for a peaceable solution of the troubles, we continued to seek a meeting. Instructions were received from at headquarters from the Hon. Sec. of the Interior, "to continue negotiations," and further continuing the commission. Genl. Canby moved headquarters to "Van Bremer's" and with him the commission moved. Soon after Doctor Thomas was added to the commission, also L. S. Dyar, U.S. Indian agt., of Klamath. Meanwhile a herd of Indian horses had been captured by Maj. Biddle, notwithstanding the commission had informed the Modocs, through messengers, that "no act of war would be permitted."
    Failing to arrange on satisfactory terms for a council meeting, the commission was notified by Genl. Canby of the intended movement of troops nearer the Modoc camp. The movement was made and headquarters again changed, this time to the foot of the bluff, and within two miles of the Modoc stronghold. On the 2nd of April the commission, including Genl. Canby, met the Modocs for the first time, about midway between the Modoc camp and headquarters.
    No conclusions were arrived at, a severe storm coming up compelling adjournment, not, however, until an agreement had been made for the erection of a council tent. Riddle and his wife, Toby, expressed the opinion on our return to camp that treachery was intended, but the warning was not respected. On the 4th of April a request was made by Capt. Jack for me to meet him and "a few men" at the council tent. After a consultation with the board I went, accompanied by Judge Rosborough and J. A. Fairchild, Riddle and his wife "Toby" as interpreters. The Modoc chief was accompanied by six warriors and the women of his own family. He (Jack) remarked that he felt afraid in presence of Genl. Canby and Doctor Thomas, saying "but now I can talk." He reviewed the whole question from the beginning, mentioning the Ben Wright treachery; the insults of the Klamath Indians while his people were on the reservation, the failure of Capt. Knapp, acting agt. of Klamath, to protect him, and his several removals while there, but made no complaint of want of subsistence, denied ever killing horses for food, but insisting that Agt. Knapp "had no heart for him;" complained that Supt. Odeneal had not visited him, and "that Odeneal's messengers had promised to come again before bringing soldiers," that Maj. Jackson had attacked him before he was up in the morning of Nov. 29th 1872, complained also of the citizens taking part in the battle at that time, declaring that had "no citizens been in the fight, no Indian women and children would have been killed, no citizens would have been murdered," saying his young men had done a great wrong while in hot blood, but that he could not control them any more than bad white men were controlled by American law, and feeling that he could never live in peace with the Klamaths, but wanted a home, "just the same as a white man on Lost River, the soldiers taken away and the war would stop."
    On being assured that, since blood had been spilled on Lost River, he could never have it in peace unless the Lost River murderers were given up for trial, he abandoned the request so far as his old home was concerned, saying, " I give up my home; give me this lava bed; no white man will ever want it." Again assured that no peace could be made or soldiers removed while his people remained in the lava bed, but was informed that a new home would be given him, and provision made for clothing and subsistence. He was unwilling to surrender his men who killed the citizens, saying that "the Governor of Oregon had demanded their blood," and that the "law of Jackson County would kill them," remarking that the "law was all on one side, was made by the white man, for white men, leaving the Indian all out," finally declaring that he could not control his people, and that he would die with them if no peace was made. No terms were agreed to or further meetings arranged for at that time. On the day following, Toby Riddle was sent with a proposition to Capt. Jack to surrender with such others as might elect to do so. He declined the terms. On her return the messenger was warned of the intended treachery, which she reported to the commissioners and Genl. Canby. This warning was not treated with the respect due the informer. Dr. Thomas questioned a Modoc afterwards as to the truth of the report, which being denied and the name of the author demanded, he replied, "Toby Riddle." The same party, of whom Dr. Thomas had made inquiry, was informed by Genl. Gillem, that unless peace was made very soon the troops would be "moved up nearer the Modoc stronghold, and that one hundred Warm Spring Indians would be added to the army within a few days." All of which was reported in the Modoc camp.
    On the 8th of April a messenger visited the commission, asking for a "peace talk," saying that six unarmed Modocs were at the council tent in the lava bed anxious to make peace, and asking the commission to meet them.
    The signal officer at the station overlooking the lava beds reported the "six Indians, and also in the rocks behind them twenty other Indians, all armed." Treachery was evident, and no meeting was had; further negotiations appeared useless and unsafe.
    On the morning of the 10th of April a delegation from the Modoc camp arrived with renewed propositions for a meeting. The terms proposed were that if the "commission, including Genl. Canby and Genl. Gillem, would come next day to the council tent, unarmed, to meet a like number of unarmed Modocs, thus proving the confidence of the commission in the Modocs, "that they (the Modocs) would all come to headquarters and surrender on the day following." Dr. Thomas, who was then acting as (temporary) chairman, submitted the propositions to Genl. Canby. After consultation, they decided to accept.
    On the fatal morning of Friday, Apl. 11th, the commission' held a meeting, and the propriety of keeping the appointment was discussed, Dr. Thomas insisting that it was a duty that must be performed, Genl. Canby saying "that the importance of the object in view justified taking some risk," Commissioners Dyar and Meacham recounting the evidences of premeditated treachery, and giving opinions adverse to the meeting. The interpreter Frank Riddle appeared before the board and repeated the warning given by Toby, his wife, and saying further "'that if the meeting must be had, he wanted to be free from responsibility," that he had lived with Toby for twelve years, and she had never deceived him, "that if the commission went, it should be armed." However, Genl. Canby and Dr. Thomas insisted that the compact should be kept, the Genl. remarking that from the signal station a strict watch had been kept, and "only five Indians, unarmed, were at the council tent," and further, that a "watch. would be kept on the council tent, and in the event of an attack the army would come to the rescue." Preparations were made to keep the compact, Genl. Canby and Dr. Thomas starting in advance, and on foot, accompanied by Boston Charlie.
    Before leaving the camp, as chairman of the commission, I again sought to avert the peril, calling to them, and stating again the warnings and proof of danger, and proposing to take with us a force sufficient for protection. Both the General and Doctor objected, saying it would be a "breach of faith." To the proposition to make any promise necessary to avert danger, they each refused assent to "any promise that could not be kept." They proceeded to the council tent, followed by Commissioner Dyar, interpreters Riddle and wife, and myself. On arrival it was evident that we were entrapped, and would be betrayed. Eight armed, instead of six unarmed Modocs, were present: Capt. Jack, Schonchin, Shacknasty Jim, Ellen's Man, Hooka Jim, Boston Charlie, Bogus Charlie and Black Jim. Any attempt to signal for assistance or to retreat would have precipitated the assassination.
    The council was opened, on the part of the commission, by referring to the proposition made by the Modoc messengers the day before, when the meeting was agreed on. Capt. Jack replied "that he wanted the soldiers taken away, and then the war would stop." He did not want the President to give him anything. About that time an incident occurred that removed all doubt as to the intention of the Modocs. Hooka Jim, securing a horse belonging to the commission by tying him to a sagebrush, and removing from the saddle an overcoat, and putting it on, remarking, "I am Meacham now," intending it as an insult that would be resented, thus making an excuse for a quarrel. Understanding his design, I simply said, "take my hat, too." He replied, in Modoc language, "I will very soon." Without further noticing him, as chairman, I replied to Capt. Jack: The President sent the soldiers here. We did not bring them; we cannot take them away without his consent. They will not harm you if you are peaceable. We want peace; we do not want war. We will find a new home for you. You cannot live here in this lava bed always. There are many good places for you, and we will together look out a new home.
    Genl. Canby is the soldier chief, and he is your friend. He will talk now. The General, seeing the danger, as declared by Hooka Jim's actions in taking possession of the overcoat, arose and said, "The President sent the soldiers here to see that everything was done right; they are your friends, and will not harm you. I have had much experience with Indians. When a young man, I was sent to remove a tribe from Florida to a new home west of the Mississippi River, and although they did not like me well at first, they did after they had become acquainted, and they elected me a chief and gave me a name which meant 'The Indian's Friend.'
    "I was sent to remove another tribe to a new home, and they also elected me a chief, calling me the 'Tall Man.'
    "I visited both these tribes years afterwards, and they received me in a friendly way. I have no doubt that sometime you Modoc people will receive me as kindly." Dr. Thomas spoke next, standing on his knees, and saying, in substance, "I believe the Great Spirit put in the heart of the President to send us here to make peace. I have known Genl. Canby fourteen years, Mr. Meacham eighteen years, Mr. Dyar four years. I know all their hearts are good, and I know my own heart. We want no more war. The Great Spirit made all men. He made the red men and white men. He sees all our hearts and knows all we do. We are all brothers, and must live in peace together."
    Schonchin said, "Take away your soldiers, and then we will go and look for a new place. We want Hot Creek for a home. Take away the soldiers; give us Lost Creek for a home. Take away the soldiers! Give us Hot Creek."
    Chairman.--Hot Creek belongs to white man now, perhaps we cannot get it for you.
    Schonchin--I have been told we could have it!
    Chairman--Who told you so? Did Fairchild or Dorris say you could have it?
    Schonchin.--No, they did not, but Nate Beswick says we can have it.
    Chairman--We can see Fairchild and Dorris about it, and if we cannot buy it for you we will find another home.
    Schonchin (very much excited)--Take away the soldiers, and give us Hot Creek, or stop talking.
    Capt. Jack had risen and stepped behind Schonchin and nearly facing Genl. Canby, who was nearest the council tent, with Commissioner Dyar on his right, and about fifteen feet distant. I was on Genl. Canby's left, within three feet, with Schonchin about the same distance in front of me. Dr. Thomas was on the left, within three feet, and Boston Charlie facing him, with Toby Riddle reclining on the ground between them. Riddle was still on the left of Dr. Thomas, and near him Black Jim, while Shacknasty Jim, Hooka Jim and Bogus Charlie were behind Boston Charlie and Schonchin, and facing the commission. While Riddle was translating Schonchin's angry speech, two Modoc warriors, Barucho and Slolax, suddenly advanced (from ambush about fifty yards distant and a little to the left of the front, with rifles under their arms) rapidly toward us. We all arose and inquired, "Capt. Jack, what does this mean?" who, turning suddenly, facing Genl. Canby and within three or four feet, exclaimed in a very excited tone, "'Ot we kautux-e," meaning "all ready," and drawing from under his coat a revolver, pointed it at Genl. Canby's head. The first attempt only exploded the cap; he, however, quickly renewed the assault, the ball striking him below his left eye. He retreated--followed by Jack and Ellen's Man--a distance of forty yards, when, falling on the rocks, he was finally killed by a stab from Capt. Jack and a rifle shot by Ellen's Man. Dr. Thomas was attacked by Boston Charlie and received the first shot in the left breast, but was allowed to retreat a short distance, followed by Boston and Bogus Charlie, and finally killed by a rifle shot by Bogus Charlie. Commissioner Dyar fled, pursued by Hooka Jim, but escaped unhurt. Riddle also ran, followed by Black Jim, but he also escaped unhurt. Schonchin failed in his attempt to assassinate me, though several pistol shots took effect, but not proving mortal. I fell back a distance of fifty yards, pursued by Schonchin, Shacknasty Jim, Barucho and Slolax, they leaving, supposing me to be dead, when Boston Charlie returned and made an attempt to scalp me, but was frustrated by the strategy of Toby Riddle, shouting--Soldiers, soldiers!!
    The officer at the signal station overlooking the scene at the council tent gave the alarm. Genl. Gillem ordered the several companies to the rescue on double-quick. They arrived too late to save Genl. Canby and Dr. Thomas.
    To the officers of the army at "Tule Lake Camp South," and especially to those of the medical corps, I am indebted for my recovery.
    In reporting under article first of letter of instruction of Feby. 5th to ascertain "the causes which have led to the difficulties and hostilities between the Modocs and U.S. troops," I regret very much that no other member of the special commission has made an investigation or report thereon. This failure to investigate arises from the fact that the letter of instructions and appointment of commissioners did not empower them to compel attendance, administer oaths and otherwise do such acts as were indispensably necessary to accomplish a full, comprehensive and authenticated report. Hence, as chairman of special commission to the Modocs, I shall submit such facts only as I believe can be substantiated by necessary proofs when required. The Modoc tribe are an offshoot of the Klamaths. They have occupied the country known as "Lost River basin" and covering portions of the old government road to Oregon and California.
    The first difficulty with the emigrants, as they (the Modocs) reported, grew out of the efforts of the emigrants to recapture horses found in their possession, which they claimed they had purchased from the Snake and Pit River Indians. After hostilities began, a long war continued at intervals, during which time many Modocs were killed and many emigrants were cruelly butchered. Perhaps the most revolting among the many scenes was that of the killing of seventy-five white persons in 1852. This terrible tragedy called out a company of volunteers "for the protection of emigrants," who under command of Ben Wright of Yreka, Cal. arrived on Tule Lake at Bloody Point, the scene of the wholesale butchery above referred to, soon after it had transpired. Failing to engage the Modocs in a fair battle, [he] proposed a "peace talk," which was finally accepted, and forty-six Modoc warriors responded and were by him and his company attacked, and forty-one of them slain. This act of treachery has always been remembered by the Modoc people and had much to do in perpetuating the bitter feelings that have since existed, and doubtless had influence in the late assassination.
    Ben Wright was received at Yreka with great demonstrations, bonfires and banquets, and was afterward appointed an Indian agent as a reward for this heroic act of treachery to a trusting people, and a violation of the sacred rights of a flag of truce. Had he been held to an account for this unauthorized act, it would have done much to secure the confidence of the Modocs, and other tribes as well.
    Hostilities continued until 1864, when ex-Supt. Steele of California made a temporary treaty with the several tribes in the vicinity of Yreka, including the Modocs. In October following, Supt. Huntington of Oregon under authority of the general government, held a treaty council at "Council Grove," near Ft. Klamath, with the.Modocs and Klamath Indians, when all the country claimed by these tribes was ceded to the government, except so much as may be embraced within the boundaries of what is known as Klamath Reservation, and described in the 2nd article of said treaty. (See Statutes at Large, vol. 16, page 707.)
    Schonchin, as head chief (a brother of the Schonchin who was executed), Capt. Jack (as Kientpoos,.) and other members of the Modoc tribe, signed the treaty in the presence of witnesses. It is in evidence that the Modocs, including Capt. Jack (or Kientpoos), in conformity of said treaty, accepted goods and subsistence and remained on the new reservation several months, and finally left, returning to the Modoc country, and ignored the treaty and refused to return to the reservation until Dec. 1869, at which time he accepted annuity goods and subsistence, and, under promise of protection from the taunts and insults of the Klamaths, he again took his abode on the Klamath Reservation, together with the remainder of the tribe, selecting."Modoc Point" as the site for a home. They began to make arrangements for permanent settlement, and no doubt with bona fide intentions to remain. All this was agreed to, and fairly understood by all parties interested, Klamath and Modoc Indians included. The former, however, began soon thereafter to taunt the latter with being "strangers, orphans, poor men &c.,"' claiming the timber, fish, grass and water, and in various ways annoying them. Capt. Jack appealed to Capt. Knapp, then acting agent, for protection from their insults. Agt. Knapp, not fully comprehending how much was involved in his action, removed Capt. Jack's band of Modocs to a new location, where they began again to make rails and prepare logs for building, when the Klamaths, emboldened by the success of their first interference, and being in no wise punished or reprimanded, repeated the insults. Capt. Jack again appealed for protection to Agt. Knapp, who proposed still another home for the Modocs. Capt. Jack again sought a resting place for his people, and not finding one to his satisfaction he called them together and declared his intention to leave the reservation, which he did, returning to the Lost River country, where he remained several months, and until persuaded to return to Klamath Reservation at Yainax Station. Unfortunately he here employed an Indian doctor to act as a physician, and under an old Indian law when the patient died, he killed, or caused to be killed, the Indian doctor. The reservation Indians demanded his arrest and punishment. He fled to the Modoc country, was pursued, but, eluding arrest, he sent messengers proposing a conference. Commissions were sent to meet him and a temporary peace secured, on the condition that he would keep his people away from the settlements, and submit to arrest if demand should be made.. He insisted then, as he had previously done, for a home on Lost River. The commissioner, under instructions from Supt. of Indian Affairs, promised to lay the request before the Commissioner at Washington, which was done, together with the reasons for so doing, also recommending that a small reservation of six miles square be allowed them at the mouth of Lost River. No action was ever taken. In the meantime the young men of Capt. Jack's band became a source of much annoyance to the citizens of the Lost River country, who petitioned for their removal.
    Capt. Jack and his men sought advice of Judges Rosborough and Steele of Yreka. Both these gentlemen advised them not to resist the authority of the government, but also promised as attorneys 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 Rosborough 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 willful intent can be charged to Steele or Rosborough.
    Renewed petitions for their removal called the attention of Supt. Odeneal to the subject, who, laying the matter before the Commissioner of Indian Affairs at Washington, was instructed, under date of April 11th 1872, "to have the Modocs removed, if practicable, to the same reservation (meaning Klamath) and to protect them from the Klamaths, but that if they could not be removed or kept on the reservation, to select and report the boundaries of a new reserve for them." Of further official correspondence on this subject the commission has not been officially advised. Supt. Odeneal was respectfully requested to attend the meetings of the commission, but declined doing so. It is in evidence that Supt. Odeneal sent messengers to the Modoc camp on the 26th of Nov. 1872 to order them to return to the reservation, and in event of refusal on their part to arrange for a meeting with them at Link River, twenty-five miles from the Modoc camp. They refused compliance with the order, and also refused to meet Supt. 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 Yreka, California; 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 be given to these declarations it would appear that some parties at Yreka were culpable. Careful investigation discloses nothing more than already recited, so far as Rosborough and Steele was 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 Yreka should not be entitled to no more credit than Capt. Jack's subsequent assertions 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 Supt. Odeneal's messengers in regard to Yreka advices would have secured the Modocs then on trial some consideration.
    The only thing said or done by any parties in Yreka, 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 Rosborough and Steele to assist them as attorneys to secure homes when they 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 Capt. Jack's insolent reply to his message, Supt. Odeneal made application to the military commander at Ft. 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, peaceably if you possibly can, but forcibly if 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: "Headquarters Ft. Klamath Nov. 28, 1872. Sir, In compliance with your written request of yesterday, I will state that Capt. Jackson will leave this post about noon today, with about thirty men. Will be at Link River tonight, and I hope before morning at Capt. Jack's camp.
    "I am, sir, very respectfully, your obedient servant, John Green, Maj. 1st Cav., commanding post.
    "Mr. T. B. Odeneal, Supt. Indian. Affairs."
    Maj. Jackson arrived at the Modoc camp on the morning of the 29th and obtained an interview, during which he used every argument in his power to induce them to go onto Klamath Reservation at Yainax, informing them that ample provisions had been made for clothing and subsistence, assuring them of the folly of resistance to the orders of the government. Finding his efforts unavailing, he ordered them to "lay down their arms." This order had been partially obeyed, and prospects were that no serious trouble would ensue, until the demand was made of "Scarfaced Charlie" to surrender, who refused compliance, and Maj. Jackson ordered an officer to disarm him, who advanced to perform the duty with pistol drawn, when both the officer and Scarfaced Charlie discharged their arms, but so nearly simultaneous that it is a matter of doubt who really fired the first shot. A general engagement ensued between Maj. Jackson's forces and the Modocs in the camp on the west side of Lost River, composed of Capt. Jack, Schonchin John, Scarfaced Charlie, and eleven or twelve other warriors with families.
    It should be understood that Lost River, at this point, is a deep stream three hundred feet wide, dividing the Modoc camp. While Capt. Jack and other warriors occupied the west bank, Curly Headed Doctor, Hooka Jim and nine other warriors, with their families, occupied the east side. While Maj. Jackson was taking position around Capt. Jack's camp a number of citizens had also taken a position commanding the camp on the east side, and when the former became engaged in battle with Capt. Jack's band on the west side, the latter soon engaged in battle with the Curly Headed Doctor's band on the east side.
    The commission has been unable to learn by what authority the citizens referred to were assembled on the east side of Lost River on the morning of the 29th of November. It is, however, safe to declare that had no citizens taken part in the battle, none would have been subsequently murdered.
    In reporting "the causes that led to the difficulties between the United States troops and the Modoc Indians," I submit
    First. That Capt. Jack, being a lineal descendant of "Old Modocs," was ambitious to be recognized "head chief," and Schonchin being acknowledged as his superior in office, the former preferred a roving life free from restraint, where his ambition could be gratified. Hence he was dissatisfied with the treaty of 1864, and left the reservation agreed on in said treaty council. That through the desire for peace the settlers occupying the "Modoc country" and the citizens of the adjacent towns had extended sympathy to him, which he misconstrued into endorsement of his cause and justification of his resistance to federal authority, and that another cause for the friendship of white citizens for the Modocs grew out of the fact that the Modoc country was divided by the state line of Oregon and California, and since Indian agencies are supposed to create business, both states were desirous of securing the patronage thereof. A review of official correspondence between Commissioner of Indian Affairs and the officers and citizens of these two states will develop the fact that unusual friendship and sympathy was shown the Modocs, prior to the treaty of 1864, and continuously thereafter. But there is no evidence that any responsible party has counseled resistance, though it is certain that the sympathy of citizens and settlers, together with the ambition to obtain homes as "white men" under the proposition of Steele and Rosborough, had more or less influence with them. They left the reservation first in 1864, and refused to return. The "humane policy" then pursued in the several efforts to restore them was also misunderstood, and construed into fear and cowardice on the part of the government. The same demonstration of force made by Maj. Jackson on the 29th of last Nov. would have secured success in 1865, without shedding blood. In 1869, satisfied that force would be employed if they resisted, they went on to Klamath Reservation under promises of protection.
    2nd. Had they been thus protected in their rights as against the insults of the Klamath Indians they would have remained, and no second stampede would have followed, that the failure to keep the promise of protection impaired the confidence of the Modocs in subsequent promises.
    3rd. That in 1870 an understanding was had that an effort would be made to obtain a small reservation for them on Lost River, on condition that they kept the peace. No action was taken by the Department on this matter. The Modocs, discouraged by the delay and emboldened thereby, became an unbearable annoyance to the settlers, and removal or location could not be deferred.
    4th. A small reservation, as recommended, would have averted all trouble with these people, and the failure to notify them that no action would be had on the matter was a blunder.
    5th. Had they been fully apprised of the fact in a way to give them confidence that no home would be allowed them on Lost River, and an appeal been properly made by some officer of the Indian Department, they might not have resisted.
    6th. Superstitious Indian religion had much to do in causing them to resist.
    7th. Want of adaptability of government agents produces confusion, and sometimes war.
    Finally, this war was the result of changing agents and policies too often, and the absence of well-defined regulations regarding the relative duties and powers of the Indian and Military Departments, the citizens and Indians. While the "humane policy" is the correct one, it ought to be well defined, and then entrusted to men selected on account of fitness for the work. No branch of public service more imperatively demands observance of this rule, and when it shall have been fully recognized and adhered to by appointing men to the care of our Indian population whose hearts are in the work, and who understand the duties assigned, and whose term of office depends on faithfully achieved success, we may hope to hear of Indian wars no more.
Very respectfully
    Your obedient servt.
        A. B. Meacham
            Chairman Special Com. to Modocs
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 354-397.



Department of the Interior,
    Washington, D.C. October 9th 1873
Sir:
    I return herewith the letter of T. B. Odeneal, Esq., late Superintendent of Indian Affairs for Oregon, together with the vouchers, therein enclosed, for two months' services, to September 1st 1873, rendered in closing up the business of his Superintendency, under instructions from the Indian Office of 10th June last.
    I concur with you in the opinion expressed in your report of the 8th instant that Mr. Odeneal's claim is equitable and just, and you are hereby instructed to allow and pay the same.
Very respectfully
    Your obdt. servt.
        C. Delano
            Secretary
The Commissioner
    of Indian Affairs
   

Office of
    Superintendent Indian Affairs
        Salem, Oregon Sept. 15th 1873
Sir:
    Being reduced to the ranks with my fellow men, I now, as a private citizen, take the liberty of addressing you instead of the Commissioner, for reasons satisfactory to myself. If I had, while in office, received orders direct from you, I feel confident that everything would have worked more smoothly and been more satisfactory.
    Late Commissioner Walker, and the Board of Indian Commissioners, have labored very hard to induce the country to believe that I am wholly responsible for the trouble with the Modoc Indians, and in order to do this they have not hesitated to do violence to all of the facts in the case. The truth is that all I had to do with the matter was to execute a peremptory order of Walker to remove them forcibly if necessary. His order was dated July 6th 1872. In his report for that year, written about four months after, he contradicts himself by saying that they wished a separate reservation on Lost River, and that it should be given to them. Though he seems to have changed his mind, yet he did not countermand the order of July 6th. I can prove to you that these Indians never did want a reservation on Lost River, notwithstanding the reports of Meacham to the contrary. The Board of Indian Commissioners in their report of May 5th 1873, which is as I can show by the records a bundle of fabrications, assume that I acted without authority when I attempted to remove the Indians aforesaid. Why they should attempt to throw all the blame upon me for performing a very plain duty, defined in very plain language [sic]. If they are really the eminent honorable gentlemen they profess to be, it is indeed very remarkable that they should resort to such subterfuge to whitewash Walker.
    I have written a full and complete official history of the Modoc trouble and have therein shown by the records and files and by other irrefutable facts, that he said report of the Board of Indian Commissioners is, to use a mild term, erroneous in every important particular, that F. A. Walker is possessed of a very defective memory, or else he aspires to excel all other men in acts of inconsistency.
    I prepared this history before I knew I was to go out of office, in order to counteract, with the truth, the influence which the erroneous reports of the Board of Commissioners and Walker might have against me. But as their reports had the effect they doubtless desired they should have, and I am now out of office, I care but little about the matter provided I can get justice done me in the settlement of the business of this Superintendency, notice of the discontinuance of which I did not receive until June 26th. This left only three days in which to close up a large amount of business, scattered all over the state.
    I had been informed in April that the President as well as your Department had promised that the Oregon Superintendency should be continued and that I should be retained. Believing this to be correct, and acting upon instructions, I had been busily engaged collecting the Shoshone, Piute and Bannock Indians upon Malheur Reservation, getting wagons, teams, tools and farming implements, and building materials, preparatory to the commencement of building and farming operations. In various other localities, and at each of the agencies, I had unfinished business, to which I was compelled to attend and which employed all of my time from July 1st to September 1st 1873, and I now enclose herewith receipted vouchers for my services during that time (2 months, $416.67). If I should have to lose this amount in addition to what I have had to contribute to national, state and county committees, the amount realized from the office during the time I have had it would be but little more than sufficient to pay my board. Having formed no "rings" and been interested in no "contracts," the loss of these two months' time, faithfully employed in the service, would work a very great hardship upon me, and I therefore insist that said vouchers be paid at once. I could not avoid doing the work, and no man is required to serve the public without compensation. To pay this out of the "Incidental" fund would be legitimate. Relying implicitly upon your sense of justice, I deem it unnecessary to say more.
Very respectfully
    Your obt. servt.
        T. B. Odeneal
            Late Supt. Ind. Affrs.
                Oregon
Hon. C. Delano
    Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 129-136.



Klamath Agency, Or.
    Oct. 9th 1873
Sir
    Your circular letters bearing date Aug. 6th and Sept. 6th 1873 relative to unexpended balance of Indian appropriations are received, but before they came to hand I had already drawn upon those funds for articles purchased subsequently to July 1st 1873. Please advise me if I shall replace those sums from the appropriations for this year.
    Funds amounting to $825.10 for "Pay of Employees" have accumulated by reason of the employment of but one teacher (provision being made by treaty for two) in order to make the school the more efficient when I shall have completed suitable buildings, which will be very soon, and the withholding [of] the amount will work a serious hardship and render the school almost a failure for a term. I earnestly hope I shall be allowed to use it for the employment of an extra teacher as I had planned to do.
    Funds for "Repair of Mills etc." to the amt. of $2214.73 have also been allowed to accumulate for the purpose of completing the flouring mill, the appropriation for "Erection of Mills" having been insufficient. On June 9th 1873 Mr. Wm. S. Moore--millwright--was employed by the day to complete the mills, with the distinct verbal agreement that he was to work until it was completed if he proved faithful, although no written contract was made. He was reported as an employee. On Aug. 1st Mr. Z. Craven was employed to assist him. I hope the employment of these men will be considered as a "proper contract," or that I shall be allowed to draw at once upon that fund, as these men have labored faithfully and will and are in need of the money. I assured them that the funds were on deposit and that they would be paid at the close of each qr. or at completion of work. They will soon have a good mill thoroughly completed. I have also purchased since July 1st necessary articles for its completion from this fund. Please instruct me at once in these matters. Enclosed please find statement of deficiencies which will arise by reason of the restrictions made by the decision of the Comptroller of the Treasury provided I am not allowed to use funds as above requested.
Very respectfully
    Your obt. servt.
        L. S. Dyar
            U.S. Ind. Agt.
Hon. Edw. P. Smith
    Comr. Ind. Affrs.
        Washington
            D.C.
[Statement of Deficiencies not transcribed]
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 897-901.



Camp Bidwell Cal.
    October 13th 1873.
To the
    Hon. E. P. Smith
        Commissioner of Indian Affairs
Sir--
    I have the honor to state that a few days ago Ocheho, chief of a band of Piute Indians, came into this post to consult with the commanding officer in reference to himself and tribe. Ocheho is desirous of remaining in this section of country, which he claims as his native home. His Indians are continually loitering around this post, and although friendly, it is the prevailing opinion should they break out in hostility considerable trouble would ensue, more especially on account of the relationship existing between Ocheho and other Piute tribes, whom it is said would join him if called upon. It is my opinion that some measure should be adopted by which these Indians could be more properly cared for, and instead of going to Yainax Agency, which is about 100 miles from here, that they receive rations at this post as heretofore during the Modoc War. Enclosed is a copy of a letter [transcribed above] written to head Ind. Dept. of California by Capt. Bernard, commanding this post June 8th 1873, which will doubtless convey a better idea of the situation than I am able to give at present.
Very respectfully
    Your obdt. servt.
        S. L. Orr
            A. A. Surg. U.S.A.
                Camp Bidwell Cal.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 683-687.



Klamath Agency, Ogn.
    Oct. 16, 1873
Sir
    Having returned to the reservation and thought further relative to the subject matter of your communication of Sept. 17th in regard to the lands of the Oregon Central Military Road Company located on this reservation, I deem it proper to express more fully my views.
    By the treaty of Oct. 14th 1864 the government of the United States pledged itself in the most solemn way to secure this land to the Indians and their heirs forever. This was thoroughly explained to them, and has been repeatedly since, and their good feelings toward the government and its white citizens today rests on the conviction that this pledge will be conscientiously fulfilled.
    Say to them, the government has deeded this land to the road company, and they will reply, "The government made a solemn treaty with us, giving us a title to all this land, only reserving the right of way for roads, nothing being said about the location of lands, and we cannot understand that this is not a scheme to take our country from us."
    They will look upon this as a violation of the treaty by which the government does positively give them an assurance of their permanent ownership of this identical land, and they will say, "If the government violates one pledge, there is no certainty that it will fulfill any."
    I do not thus express myself without having as fully considered the subject as I am capable of doing. I have also counciled with persons of sagacity and reliability who are fully conversant with the feelings of the Klamath, Modoc & Snake bands located on this reservation, and I will say that it is my honest conviction that if a public announcement were made today to the 3,000 white and red inhabitants of this section of the country, that we would stand upon the verge of a war, by the side of which the late difficulty with the renegade band of Modocs would be dwarfed into insignificance. A combination of Klamaths, Modocs, Snakes and Piutes could at a single stroke destroy the sparse settlements of Southeastern Oregon and, taking refuge in the volcanic fields of this country, with the supplies of arms and subsistence secured by their success, would cost the government millions of money and a thousand lives before they could be subjugated.
    Why will not the government, in order to make its promises good to secure peace for both Indians and whites and the civilization of the red men, procure a title to these lands for the Indians? The outlay would be insignificant as compared with the expenses of a war which, without the greatest care and caution, will result from this most unfortunate affair.
    During the Modoc war there were always irresponsible parties ready to talk to these Indians and make them distrustful of both the reservation authorities and their government. Among other things, they were told that as soon as the Modocs were subdued and taken from the country, the government would steal away the reservation lands and take them away. Although the Indians knew these parties were not much entitled to credit, there was at one time a great deal of excitement, and they could only be satisfied by assuring them that the government would surely make its promises good, and secure to them and their children forever all the lands of the Klamath Reservation. Suggest this thing to them now, and the galling wound will be opened afresh, and they cannot be persuaded to believe that the government means to allow them justice.
    It is possible that, with judicious management and the purchase of all the road lands south of Sprague's River, the Indians could be prevented from open hostility, but it is unmistakably true that nothing short of a title to the reservation would be justice.
    I have expressed myself plainly and distinctly, knowing that you wish to know the actual facts in the case, and not that I wish to draw the picture with brighter colors than belong to it.
    I would respectfully insist on the Department sending out a man of sagacity and experience to inquire into this matter in all its bearings, someone in whom the Department can repose entire confidence, to make a report and suggestions in this case, which is one, perhaps, of greater consequence than any question now remaining unsettled among the Indians in this section of the Union.
Very respectfully
    Your obt. servt.
        L. S. Dyar
            U.S. Ind. Agt.
To
    Hon. Edw. P. Smith
        Commissioner of Ind. Affrs.
            Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 903-908.



U.S. Indian Agency
    Siletz, Oregon, Oct. 16th 1873
Sir
    In my letter of Sept. 29th I alluded to the trouble the efforts to remove these Indians was causing us through the uneasiness produced on the minds of the Indians. The agitation of this question still continues among people outside the reservation, and the Indians being told so often they will soon have to leave, whether they want to or not, are losing confidence in the government and its good intentions towards them. Indeed, this question may now be said to be the only obstacle in our way--or at least the principal one.
    At the recent election for Representative in this state the Democratic candidate was pledged to labor for the measure, and just previous to the election I learned to my surprise that the Republican candidate, Mr. Smith, had also declared himself in favor of it. As this one thing is the greatest obstacle we now have to contend with, it was for some time a question with me whether it was my duty to vote at all, but was finally decided in the affirmative, trusting that whoever is elected will be unable to accomplish their object. The people around here, whose votes are sought by these declarations of the candidates, settled here knowing these Indians were here and had a right here, having been brought here with the promise that this should be their future home. They can allege nothing that could give any color of justice to their scheme, unless they can get the Indians to conduct themselves badly, and this is the object sought. If the Indians could be authoritatively assured that they would not be required to leave contrary to their wishes, it would have an excellent effect on them. It is for the reason that the allotment of lands would set the minds of the Indians at rest on this subject that I am so anxious it should be done soon. Of course I can only tell them my opinion on the question of their removal, and the uncertainty of this only increases the uneasiness. At an informal council held today, several leading chiefs (noted for friendship for whites) after pathetically alluding to the manner in which they were brought here, and the long years they have vainly waited for the fulfillment of treaties, spoke of this attempt to take their country from them, with a bitterness that showed they would not submit without strong opposition.
    Those who have joined our church profess themselves willing to submit if there is no alternative, but feel on the subject as strongly as the others.
    I have alluded to this matter because there will be a strong effort made this winter to effect this measure, and because it so greatly hinders our work. Of course the Indians feel sullen and indignant against the whites, and though the personal popularity of the agent prevents any improper expression of feeling, it is easy to see that on this subject they feel deeply. I sincerely hope before any such measure is consummated steps may be taken to thoroughly inform the government of all the facts of the case.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Com. Indian Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1053-1056.



U.S. Indian Agency
    Siletz, Oregon, Oct. 17th 1873
Sir
    To partially pay the expenses of threshing the grain for the Indians, I have collected from them every tenth bushel and have engaged to pay the same to the Indian laborers hired to assist on the threshing machine. This arrangement gives satisfaction to the Indians; indeed, without something of the kind the expense would have been too great for my means.
    As most of those hired have oats of their own, I have made arrangements to sell for them at the same price paid at the shipping points on the Willamette River--viz--35 cents coin per bushel.
    The wheat taken as toll will probably be needed on the reservation this winter and will be kept for grinding for the Indians. Please inform me if this arrangement is approved by you.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Com. Indian Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1057-1058.



Siletz Indian Agency
    Benton Co., Oregon, Oct. 18th 1873
Sir
    I must ask your indulgence for again addressing you on a subject I have already twice written you [about]. Today the chiefs of the tribes located here met in council to consider the, to them, all-important question of their removal from this reservation, and insisted so strongly on my again writing you that I promised to do so. They said "their hearts were very sick" over this matter and they "did not think they would again become strong" till some authoritative assurance was given that they would not be removed contrary to their wishes--that if the lands could be given them so that they "would know they had a home" all fear would be removed--that they came here under the promise that this country should be theirs--that many things promised them had never been performed, but this country was now theirs--that the graves of their people who had died here were all around them, and they did not wish to leave--that "the government had expended large sums in buildings &c. here" which they thought bad policy to abandon--that white men would sell their homes for money, but Indians were not so, they were attached to their homes and valued them more than any amount of money--that they were now improving rapidly, and desired above all things to become like the "Bostons"--that I had found them peaceable, willing to labor and obedient--that they were now learning very fast--that all this talk by outside parties that "they would have to leave" was creating great uneasiness in their minds and finally that "they would all die before they would go elsewhere, and if they must be hung" (they have heard of the hanging [of] the Modoc prisoners) "they would be hung here at their homes."
    Much more was said, of course, but I can only give the more important points, which I promised to communicate to you. As I stated in my letter of the 16th this question is giving us more trouble than anything else. I have tried all in my power to allay the feeling among the Indians and assured them of my conviction that no such measure would be adopted without their full and free consent. I believe they are in earnest in saying "they will die sooner than remove," as they are strongly attached to this country. The Modocs had no shadow of right in their refusal to go on their reservation; these Indians have justice and right in their refusal to remove. I sincerely hope nothing may prevent the visit of the Inspector to this agency, and if an effort is made--as undoubtedly it will--next winter to accomplish this measure, no steps may be taken till the government is fully informed of all the facts in the case.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Commissioner Ind. Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1048-1051.



War Department
    Washington City
        Nov. 1st 1873
To the Honorable
    The Secretary of the Interior
        Sir:

            In reply to your letter of the 31st ultimo, enclosing copy of a letter of same date from the Commissioner of Indian Affairs, recommending the detail of Lieut. Melville C. Wilkinson to proceed to Fort McPherson, and to take charge of the Modoc prisoners at that place and attend to their transportation to the Quapaw Agency in the Indian Territory, I have the honor to inform you that I have approved the recommendation of the Commissioner of Indian Affairs, and the necessary orders will be at once issued by the Adjutant General.
Very respectfully
    Your obedient servant
        Wm. W. Belknap
            Secretary of War
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1238-1240.



THE WESTERN UNION TELEGRAPH COMPANY.
Fort McPherson, Neb.
    Nov. 1 1873 5:50 p.m.
Edward P. Smith
    Indian Commr. W.D.C.
Modocs consist of thirty-nine men fifty-four women sixty children. Detailed report by families forwarded to Department headquarters Oct. thirtieth.
J. J. Reynolds
    Col. Third Cavalry
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 775-776.



U.S. Indian Agency
    Siletz, Oregon, Nov. 1st 1873
Sir
    I respectfully ask for information as to the jurisdiction of justice of [the] peace and state courts of the state of Oregon over this reservation.
    Some year or more ago a settler in the vicinity became indebted to one of our Indians for labor.
    Although repeatedly importuned for the money, he always failed to pay, alleging some excuse for his refusal. Some days since the Indian (a mere boy 18 or 20 years old) procured a pass to go after his money. Failing to get satisfaction, he, Indian-like, took a horse and on his return told me he had failed to get pay for the debt but had brought a horse which he would keep till the money was paid. Supposing the horse was taken with the consent of the owner, I paid no further attention to the matter till some hours after, when the two sons of the owner came after the horse. This I compelled the Indian to deliver, and they returned. Yesterday the same two men came with a warrant from a justice of [the] peace for the arrest of the Indian on a charge of stealing. As they had come armed with huge clubs, which they concealed before coming to the agency, I was satisfied they intended harm and refused to permit the warrant to be served. They once attempted to execute it in spite of me, but were persuaded to the contrary.
    The whole prosecution is a piece of malice intended to defraud the boy of his just dues.
    I may say that I had been informed that the amount would be paid the last time the Indian went for it, and therefore took no steps to compel the payment further than earnestly urging the party to settle. I desire information how far, and under what circumstances--if any--I am justified in resisting the service of process of a state court on our Indians, and to what tribunal I must apply to compel the payment of debts due the Indians under my charge.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Com. Indian Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1061-1063.



Hdqrs. Milty. Div. Pacific
    San Francisco, Nov. 1, 1873.
    Respectfully referred to the commanding officer Camp Bidwell, Cal. (through Headquarters Department of California) for his information and action. He will confer with Ocheho and his people upon the subject of their removal to either the Malheur or Pyramid Lake reservation, and endeavor to induce them to at least make the experiment of trying to live on one or the other of these reservations.
    He will impress upon Ocheho and his principal men the importance of having a permanent home where they can be sure of the care and protection of the government and receive such support as may be provided by Congress for them in connection with other Indians where they may be located. No promise will be made to these Indians, nor any attempt to coerce them; they will simply be informed by the decision of the Interior Department, viz: that they can go to either of the reservations named, where they will be provided for by the Indian Department in the same manner as the Indians now residing there.
    Let the results of the conference with Ocheho be reported at once, so that if he decides to go to either reservation the agent may be informed in time to be prepared to receive them.
By order of Major General Schofield.
J. C. Kelton
    Asst. Adjt. General
----
Headqrs. Camp Bidwell, Cal.
    November 9, 1873.
To the
    Asst. Adjutant General
        Dept. of California
            San Francisco, Cal.
Major:
    I have the honor to report for the information of the department commander that I will at once find and advise Ocheho, as directed in communication from Hdqrs. Mily. Division of the Pacific, November 1, 1873.
    A few days ago, a Mr. Dyar, agent at the Klamath Reservation, Org., came here for the purpose of persuading Ocheho to go to Yainax and to learn what he intended to do. Mr. Dyar was informed by Ocheho that he did not intend to go to Yainax anymore and that they had had enough talk about the affair and that Mr. Dyar could leave him.
    Ocheho's people have made quite extensive preparations for remaining in this country this winter, and I fear it will hardly be possible to persuade him to go to any of the reservations at present.
    There is many more Indians in this vicinity this fall than at any time before since I have been at the post. There is twenty-five (25) Indians from the vicinity of Camp McDermit, Nev., who say they will not return while the Bannocks are allowed to come in that vicinity, as they fear they will steal stock and they (the Piutes) will be blamed for it. About thirty-five (35) Pyramid Lake Indians are around here, also some from Steens Mountains.
    Since Mr. Dyar's talk with Ocheho, not an Indian has been seen around this post.
    Ocheho is now in Warner Lake Valley. When I go to see him I will go alone, as the presence of troops in that vicinity so soon after his refusing Mr. Dyar to go to Yainax might cause them to run off and hide.
    The only difficulty in talking with Ocheho is the want of good interpreters; several of the Piutes talk tolerable good English, but are hard to find when they are wanted.
Very respectfully
    Your obedient servant
        R. F. Bernard
            Capt. 1 Cavy.
                Comdg. Post
----
Camp Warner, Ogn.
    Nov. 11, 1873.
Mr. Harron
    Comdg. at Yainax Agency
        Klamath Reservation, Ogn.
Sir:
    Having received instructions from the War Dept. and Dept. of the Interior to see Ocheho and his band of Piute Indians and advise with them as to their going on the Malheur or Pyramid Lake reservations and being cared for, I have the honor to inform you that I have seen Ocheho today and told him all contained in my instructions; he finally concluded that it was best for him to go and winter at Yainax and wishes you to send a wagon or two with some provisions so as to enable him to go there with his people as soon as possible. Should you decide on sending the transportation, please forward it as soon as practicable to this post.
Very respectfully
    Your obedient servant
        R. F. Bernard
            Captain Co. "G" 1 Cavy.
----
Hdqrs. Camp Bidwell, Cal.
    November 13, 1873.
To the
    Asst. Adjutant General
        Dept of California
            San Francisco, Cal.
Major:
    In compliance with instructions from Headquarters Mil. Div. of the Pacific, Nov. 1, 1873, I met Ocheho yesterday with about twenty (20) of his men. Through interpreters I informed him of the decision or wish of the Secretary of the Dept. of Interior regarding his (Ocheho's) going to the Malheur or Pyramid Lake reservation; after a long talk with themselves about the two points, Ocheho, through the interpreter, informed me that this was his home where he wished to live. I explained to him the danger of his wintering in a country where there was so much stock and so little for his people to eat. The Indians then had a long talk, when I was informed that they would all go to Yainax, but wanted it understood that this was their country, where they wanted to live during the summer; at the request of Ocheho I wrote a letter to Mr. Harron at Yainax--a copy herein enclosed.
    It seems that when Ocheho found the government was acting so liberally with him, he hardly knew what to do or say--so he simply said, Yainax is the nearest, and I will go there.
Very respectfully
    Your obedient servant
        R. F. Bernard
            Capt. 1 Cavalry
                Comdg. Post
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1269-1280.



War Department
    Adjutant General's Office
        Washington, November 3rd, 1873.
1st Lieutenant M. C. Wilkinson
    3rd Infantry
        A.D.C. to Brig. Genl. Howard
(Through Brigadier General O. O. Howard, U.S. Army, Washington)
Sir:
    In accordance with the recommendation of the honorable the Secretary of the Interior, the Secretary of War directs that you proceed to Fort McPherson, Nebraska, and take charge of the Modoc prisoners at that place and attend to their transportation to the Quapaw Agency in the Indian Territory. On the completion of this duty you will return to your station in this city.
    Mileage on this order will not be paid by the War Department, it being understood that the Interior Department will pay the expenses of your journey.
Very respectfully
    Your obedient servant
        E. D. Townsend
            Adjutant General
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1246-1251.



Copy.

Presidio San Francisco, Cal.
    November 5, 1873.
Major Samuel Breck
    Asst. Adjt. General
        Dept. Cal.
Sir:
    I have the honor to report that, in accordance with instructions received from the headquarters of the District of the Lakes, and telegraphic orders from the headquarters of the Department of the Platte, received while en route, I turned over, October 29th 1873, to the commanding officer at Fort McPherson, Na. all the Modoc prisoners entrusted to me, except the two sent to Alcatraz Island. The total number of Modocs turned over to me at Fort Klamath, Ogn. was 155. Enclosed I transmit receipt of Col. J. J. Reynolds, 3rd Cav. for 153.
I am, sir, very respectfully
    Your obedient servant
        H. C. Hasbrouck
            Capt. 4th Arty.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1264-1268.



Grand Ronde Ind. Agency, Or.
    Novr. 8 1873.
Sir:
    In compliance with your communication of the 20th ultimo I have the honor to submit the following regarding the qualifications of
John Field. Physician.
Actual commencement of service Sept. 8, 1873.
Age 36.
A graduate of the "Louisville Medical College," Ky., graduated in 1858. Practiced medicine in McLean Co., Ky. until 1872. Moved to Oregon in 1872, settled in Yamhill Co. & practiced his profession. Has a wife & two children, now living at this agency.
    I regard him as possessing the requisite qualifications demanded by the position he occupies.
Very respectfully
    Your obt. svt.
        P. B. Sinnott
            U.S. Ind. Agt.
Hon. Commissioner Ind. Affrs.
    Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 896-898.



THE WESTERN UNION TELEGRAPH COMPANY.
Fort McPherson Neb. Nov. 14 1873
Hon. E. P. Smith
    Commsr. Ind. Affairs
        Washn. D.C.
Leave tonight with Modoc Indians via Omaha. Scarfaced Charley is acknowledged chief; he says all his people want is work and someone to show them how. Commanding officer General Reynolds says they have been industrious and obedient while here. Shall get them to warmer climate so quickly as possible. Superintendent Hoag will meet me en route cars. Meet me here to convey to terminus of railroad travel. Mr. Squires well.
M. C. Wilkinson
    U.S.A.
        U.S. Special Commissioner
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1259-1261.



Klamath Agency, Or.
    Nov. 15th 1873.
Hon. E. P. Smith
    Commr. Ind. Affrs.
        Sir
            Your communication of Aug. 8, 1873 instructing me to investigate the matter of the killing of three Snake Indians in Summer Lake and Chewaucan valleys reached this agency after I had left for the eastern states. As soon as practicable after my return I went to Chewaucan Valley, accompanied by J. Harer, Commissary in Charge at Yainax Station, and have given the case as thorough an investigation as possible under the circumstances.
    I find that those Indians were staying away from this reservation, where they belonged. [blank] from the Commissary in Charge at Yainax--that the whites had told them to go back to the reservation, and they had refused to go, saying that very soon a great many Indians were coming there to fight, and that they were going to fight too, that they were going to scalp several of the citizens, giving their name.
    In consequence of the Modoc War, which was then in progress, there was a general excitement throughout Eastern Oregon, which was greatly augmented by current reports of a general Indian outbreak, and those settlers had just heard from what they believed to be authentic sources that the reservation Indians were leaving the reservation for hostile purposes. Under these convictions, all the settlers in Summer Lake and Chewaucan valleys forted up and, believing that these three Indians were acting as spies, ten men went out for the purpose of arresting them and holding them in custody until they could be taken to the reservation.
    These facts the settlers will be able fully to substantiate, I think.
    On the contrary, it can be proven that they went out with the determination to take the Indians alive if they could, but if not, to kill them. That they met them peaceably traveling in the road. That when told by the white men that they must go with them, the Indians said they would not, and one of them tried to escape by running toward the hills. One of the men, a Mr. Small, intercepted him once when he turned and ran another way. Mr. Small then fired upon him and missed him. The Indian then drew his bow and arrow when Mr. S. fired again, killing him. Both whites and Indians were on horseback. The party then started for their stockade with the two remaining Indians in custody, and after proceeding about one mile one of these attempted to run away and was shot by a Mr. Dunn. The third was taken to their stockade and kept for several days when, one morning, just at daybreak, he tried to escape by jumping the stockade. He was shot and killed while running by the sentinel who was on guard duty outside.
    Thinking that perhaps these persons were in a measure justified in their course, and feeling sure that they thought so at the time, I deem it my duty to report these facts to you and await your instructions in the matter before taking any further action.
Very respectfully
    Your obt. servt.
        L. S. Dyar
            (U.S. Ind. Agt.)
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 918-921.



THE WESTERN UNION TELEGRAPH COMPANY.
Baxter Springs Ks. Nov. 17 1873
Hon. E. P. Smith
    Com. Ind. Affrs.
        Washn. D.C.
Arrived here noon yesterday without accident or delay. Comfortably quartered. Agent Jones will meet me this p.m. Capt. Jack's family all in dark mourning; rest of Indians in good spirits.
W. C. Wilkinson
    U.S.A.
        U.S. Special Agt.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1262-1263.



The Dalles Oregon
    Novb. 18th 1873
Hon. J. W. Nesmith
    Sir
        I take this occasion to write you a few lines, as per promise. I am now footloose. I have been discharged, not suspended, from the reservation, by Coonager [Comegys?] and would not give me any reasons. I think rather arbitrary. I consequently left the matter in the hands of the Indian Commissioner at Washington.
    The three principal chiefs of the Umatilla Reservation have written to the Commr. about it.
    They are much opposed of the course taken by the agent, Catholics as well as the outsiders.
    You can help me much in the matter.
    Will you also do me the favor to procure me a permit to take some of the Warm Spring warriors to Washington and to other eastern cities. They ask and desire that privilege. They claim a right, on the ground that they do not belong to any particular reservation. They live at the Tygh Valley and mouth of John Day's River on the Columbia, also had done good service for the government in fighting its battles at the Lava Beds. They do not ask the government to defray their expenses; they will go on their own account, under my care and Donald's, and when you apply for the permit, especially for Dr. Wm. C. McKay and Capt. Donald McKay of the Lava Bed celebrity, as there are other parties who will try to get the same kind of permit.
    We will bind ourselves, if necessary, for the good care and attention. But it will be unnecessary, as I and Donald are well acquainted and intimate with them. They look upon us as their people and tillicums and will not go with any other parties. Have the permit to read as follows, Umatilla, Yakima & Warm Spring. I may take some from each of the above reservations.
    I am confident that you can do me the above favor. Will you please, and inform me of your actions in the matter. I hope and feel confident that you will do all you can for our country. Your election has given a general satisfaction even to the rank Republicans. I hope, General, that you will fully fill the expectations.
I remain yours most respectfully
    and humble servant
        Wm. C. McKay
P.S. address
    Pendleton
        Umatilla Co. Org.
   

House of Representatives,
    Washington, D.C., Dec. 11th 1873
Hon. Columbus Delano
    Secretary of the Interior
        Sir,
            I have the honor to enclose herewith the application of Dr. Wm. C. McKay of Oregon asking permission to bring to the eastern cities a few Indians of different tribes in Oregon, which he proposes to do at his own expense. I would earnestly recommend that his request be granted. Dr. McKay is himself a mixed blood, his mother being a native Indian woman. His grandfather went to Oregon I think in 1811 and was one of the persons who was on board Astoria's ship the Tonquin, which was blown up at Nootka Sound.
    The Dr. himself is a gentleman of culture, having been educated in New York and returned to Oregon 1843, where he has constantly resided and during which time I have been intimately acquainted with him. By an early reply I will feel greatly obligated.
I am respectfully
    Your obt. servant
        J. W. Nesmith
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 409-414.



Washington D.C.
    Nov. 18th 1873
Hon. Comr. of Ind. Affs.
    Washington D.C.
        Dear Sir--
            Herewith enclosed please find bill of sale or power of atty. from N. B. Clough to me for a claim due him for fruit trees delivered to the Indian Department in Oregon. Please have this claim adjusted at your earliest convenience. If there is no appropriation from which this can be paid, will you please put the amount in your estimate for the coming session; by so doing you will much oblige
Your obt. sert.
    W. C. Griswold
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1122-1123.



Klamath Agency, Or.
    Nov. 27, 1873
Sir
    In a letter to you bearing date Oct. 15, I represented to you the inconvenience and injustice occasioned by my being disallowed to draw upon accumulated funds for "Repair of Mills etc." and requesting that my verbal agreement with Mr. Moore, the millwright, might be considered a sufficient contract. The mill is nearly completed, and the laborers want, and need, their pay. Those funds were allowed to accumulate for the express purpose of completing the mill, and Messrs. Moore and Craven were employed with the full understanding that they were on hand, and they would be paid promptly.
    Please inform me how I am to pay them.
Very respectfully
    Your obt. servt.
        L. S. Dyar, U.S. Ind. Agt.
Hon. E. P. Smith
    Comr. Ind. Affrs.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 924-925.



U.S. Indian Agency
    Siletz, Oregon, Nov. 28th 1873
Sir
    I respectfully ask to refer to my letter of Nov. 1st in relation to the attempted execution of a warrant on one of the Indians here, to correct, or rather to state some facts I neglected to inform you [of] at the time.
    Neither of the young men who came with the warrant was 21 years of age, and therefore both were unqualified by the law of Oregon to serve a warrant.
    I wrote the justice at the time informing him the reasons governing me in my refusal to deliver the Indian boy and proposing to bring him down for trial myself, notwithstanding the fact that the warrant was not legally served.
    I did actually go to Newport on the day designated, but learning the justice had gone from home did not take the Indian with me.
    On my return I placed the Indian in charge of our reservation sheriff, who had him in custody nearly a week ready to answer any properly served warrant.
    The grand jury of the county failed to find any probable ground of guilt in the Indian, and the prosecution was dropped.
    I ask your indulgence for referring to this matter, but looking over my letter book I find my letter without these statements is calculated to place my action in a false light.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Com. Indian Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1072-1074.


KLAMATH LAND.
    We enjoy the reading of the travels of Gulliver and the adventures so vividly portrayed in the Arabian Nights, because, while so decidedly out of the common way and seasoned so highly with hyperbole, they remove us from the world of fact and transport us to the region of romance. Even a newspaper correspondent finds time to enjoy recitals that leave his own attempts at a discount, and freshen his fancy by the very vividness of the kaleidoscope whose every turn is a new extravagance. And sometimes the freshness of romance touches our lives without the accompaniment of such exuberance; Nature becomes revealed in newness that refreshes and inspires.
    The Modoc war had become a monotony, not even relieved when Captain Jack was led into captivity and his band became docile feeders at the public crib. It was a relief when the army took up the line of march, left the poisoned waters of Tule Lake behind, and dragged its slow length along the line of dust that meandered sagebrush hills and alkali plains and shores, and having skirted the unwholesomeness of Lower Klamath Lake, climbed the dividing ridge, and let itself down into the happier atmosphere and lovelier region of larger Klamath. It was a delightful exchange, for the land of the Klamaths is a smiling paradise in midsummer, and its streams roll along their crystal tides, translucent as the ether, pure as Abana and Pharpar, rivers of Damascus, cold as the snows from whose frozen hand they drop.
    He who spends a month, taken from June and July and transplanted into memory, at Klamath, can inhale an air uplifted above the common breathing space of mortals, for Klamath is breasted up high against the western wall of the Sierra, 4,600 feet above the level of the sea. The greater Klamath Lake has made its bed close under the mountain shadows, and on the east side is surrounded with grassy and wooded shores that seem as beautifully green as fields of Eden. The Indian reservation and the military post occupy this stretch of fairy land, and the occasional houses or tents of the harmless and not very degraded Klamath Indians are planted here and there, diversifying a landscape that needs a human touch now and then to make us feel at home, and not as trespassers on some demesne not owned by mortal kind.
    Above the Upper Klamath Lake there lies a beautiful prairie about seven by twelve miles in extent, reaching from the lake to the mountains, around which the Sierra [sic] bends a kindly arm or spur that rolls boldly off to the east, and turns southward in a range of wooded hills, and so encloses the valley on all sides but one. Distant about five miles apart, the agency buildings and those of Fort Klamath occupy this plain--as lovely as sun ever shone upon, as fair as wind ever wandered over. Nowhere else for hundreds of miles along the eastern wall of the mountains is there found such a lovely land and such a romantic outlook, and, as if to place it beyond the reach of the invading hand of man as much as possible, it possesses a climate derived from its high elevation, that forbids to plow, and sow, and reap great harvests, and so leaves the green pastures for the grazing herds. During my summer months' sojourn in Klamath Land, I drank in the pure mountain air and the clear running water with unmingled delight. At times our party galloped over these enfolded plains with the exhilaration of spirit that comes with wild life and wild ways. Sometimes a Klamath brave would challenge [us] to a trial of speed--for they ride like the wind--and often we made excursions here and there to the mountains, and to the adjoining valley of Sprague River, that gave us new vistas of beauty, new inspiration to bear away as remembrance of Klamath Land. It only needed the pen of romance to clothe these scenes with all the fancies of eastern story. Unfortunately the Indian women do not encourage the Arcadian idea, or fill the bill exactly as divinities whose presence charms the wilds. Even with the assistance lent by calico and cheap haberdashery in general, they fail to give tone to the naturalness of things, though it is sometimes worthwhile to see them galloping over the trails, and there is an occasional touch of beauty in red lip or flashing eye, but as a class, the aboriginal feminine is not romantic--naturally becoming the gatherer of roots and fruits, and the compiler of the very simple regimen of the wickiup, an establishment that is primitive in the extreme.
    The men of Klamath Land are far more noteworthy than the women, for there are still left some whose deeds have made history, and whose careers have become matters for story, as they have been leaders in notable events of peace and war. I shall never forget the Klamath head chief, Allen David, as I have seen him riding, like a centaur, graceful as a paladin of old, with just enough of the native visible in his dress to set his fine form off as distinctively Indian--for he is well-dressed always, wears an intelligent look, and is said to be anxious to secure the permanent prosperity of his people. His well-blacked boots testify that he is not indifferent to the ways of civilization. There was old Schonchin, too, virtual head of the Modoc nation, from whom Captain Jack and his band seceded. The old man impressed me as being an interesting relic of the past, and his life has been full of scenes of blood and carnage, all of which he resigned years ago to become an apprentice to civilization. But the most unique specimen of the Indian of ages bygone left in the Klamath Land, was old Chiloquin, now venerable and with a small tuft of grey beard on his chin, and his memory stored with episodes of war and remembrances of triumph, for the Klamaths seem to have been always victorious. He was a war chief of mighty renown in his day, though but a manikin in appearance, and one of the most vivid remembrances I have is of Chiloquin mounted on his white cayuse, going at a full lope, his loose red mantle floating in the wind. But it is with Klamath Land more than its inhabitants we have to do.
    Early one incense-breathing morning, two of us rode over the hills and far away, through the fragrant pine wood and the undergrowth of laurel all in honey bloom, crossing an intervening river and the ridge beyond, and came down to the cañon that walls in Sprague River. Soon the vista widened, the river bottom became a meadow, and the meadow expanded until it became a valley, and the greensward of the hills blended with the rank growth of the meadow hay. Before noon we made thirty-six miles of distance, reaching Yainax, a spot historic in Indian annals, a very home of tradition. The valley here is truly beautiful, and the landscape comprises a coup d'oeil of mountain ranges, some of which bear snows that shimmer in the July sun, while others are green to the summit, clothed with the unfading pine. In the valley, close by the river, rises a butte of uneven outline, which seems to have been uplifted from the plain, and stands alone, striking in its isolation, but bearing no comparison in size and grandeur to the mountain ranges that occupy the distance. Yainax is not famous by comparison with other mountains, even though its name in the original means the mountain, the significance of which was that it was the mountain near which, in olden times--the halcyon days that were before the "Bostons" came--the tribes which were in amity met and held great annual fairs, where they traded and trafficked, feasted and danced, gambled and sometimes quarreled, and occasionally laid the foundations for deadly feuds. To this mountain's base came the Columbia River Indians to exchange fleet cayuse coursers for slaves, to barter the blankets and knickknacks furnished by the fur company traders for the furs gathered by Modocs and Klamaths, and the bows and arrows so deftly made and so skillfully fashioned by the Pit Rivers. Yainax was a great slave mart in the long ago, for Klamaths and Modocs, being first cousins, and as kind and unkind as near relatives are apt to be, made war indiscriminately on weaker tribes and took captives to swell the importance of the Yainax fairs. Woe to Snakes and Pit Rivers, Shastas and Rogue Rivers, when Klamaths took the war path, more hungry for captives than for scalps. We can picture the gambling scenes where the thriftless scamps ventured all and lost all, and then staked some favorite captive beauty on the chance, and lost again.
    There was horse racing at Yainax before there ever was racing at Long Branch. The Indian trains his courser for the race, and enters into the spirit of the turf with all the ardor of a veteran sportsman. How these grand fairs at Yainax became instituted no tradition tells, but there are many legends linking the past to the present, all of which point to the now silent butte as the point where once fashion and pride, thrift and spendthrift, luck and chance, held high carnival. There Indian beauties became the admiration of brave eyes, and there royal alliances were encouraged and consummated, for the blood royal of the vagabond tribes that half a century ago roamed the interior wilds was as particular in preserving the pure line, and in strengthening the bonds of amity, as eastern princes still are.
    The scene is nightfall, and the rough sides of Yainax glow with the reflection of fires that flame in the valley which worships at its feet. Around these fires the mingling throngs of savages still engage in busy life, the traffic of the day being succeeded by the dissipation of the night. Here the gamblers watch with eager eyes the progress of a game that has been superseded since by more-civilized allurements, for the only work of modern times the Indian studies with fair comprehension is the ever-changing history of the four kings, and that they interpret to suit themselves, reading therein games no white man ever invented. It may be morning before the game breaks up, and some may leave it poor who came there rich--may steal away with scarce a breechcloth, though they came there clad in all the pomp and circumstance of savage finery.
    Another moving throng attracts us. We find the Indian drum beating and the chant ascending from the centre of a swaying circle, in which we can watch the movements of the various dances, see the feats of war personated, hear the wild whoop, and see the tomahawk gleam--all transpiring in the skillful mazes of the mysterious dance. Here the Indian wears paint and feathers, and decks out his person with robes of fur and braided moccasin, displayed as the swaying movements call each muscular limb into play. Such was Yainax in the aforetime, and such it is not today. Yainax remains a memory of the past, and is memorable still, because it was the favored spot of the wide east country where the tribes met on neutral ground. The primitive race has dwindled and is passing away; the places that knew them shall soon know them no more.
    One bright morning a friend undertook to pilot me to an interesting wonder region, high up among the loftiest summits--a very land of mystery, born of volcanic throes. The beautiful valley of Klamath Lake rests on a bed of volcanic ashes, pumice
stone as light as cork drifts on its prairie reaches, and the craters, in whose furnaces these cinders were burned, look down on us from the chimneytops of the Cascade Range. Distant perhaps thirty miles away is a snowy cluster of heights, and bedded among them, walled in with precipices that forbid a shore and leave no outlet--deep down the sheer walls--is Crater Lake. So far as I know, there has never been a record made of this expanse of water, and I mistrust my pen when I attempt to describe this greatest wonder of Klamath Land. For fifteen miles we galloped over the beautiful and deep-grassed prairie, with an occasional reach of timber to give variety and to tone the pleasant summer sun with its interval of shade. On the way we lunch at the tent restaurant that has followed the army to Fort Klamath, and rest there while the troops stand guard over the captive Modoc nation. The tents that bivouac on the greensward in the distance look up to the Stars and Stripes that float above the parade ground, and across it to the buildings and residences of the regular garrison, and, all combined, make a pleasing contrast to the unbounded fields we have passed and those that lie beyond--yes, bounded by paneled mountains and well-laid hills, but unfenced by the enclosing grasp of man. On through the deep-worn prairie trail, with the tall grass sweeping the stirrup, and the bloom and fragrance of many a flower coming up from the meadow depths to give us their swift greeting.
    We reach the base of the Cascade Range, and commence the delightful ascent. The road is well laid on gentle ridges and level benches, the laurel is in full and fragrant bloom, the yellow pine blends with the scrubby black species as we climb, and so gentle is the rise that our gallop is scarcely broken. To our right is a branch of Wood River, appearing at first as a lively creek, but which grows a cañon as we climb, and the dashing of unseen waters tell of the gorge they have worn in the basaltic hills. We have made our swift way upward to where undergrowth is scarce, and the scrubby growth of the black pine forms the rule. My companion halts, and, turning our ponies from the road only a few yards, we stand on the brink of the cañon of Annie's Creek, look across the chasm to see the basaltic columns walling the farther side as if built there yesterday, discolored by the rust of ages, freshly brought to view, standing hundreds of feet high. Deep down the gorge the turbulence of the foaming waters is seen, the walls are in places climbed and clung to by the tall, tapering hemlocks, and Annie's Creek Cañon, held up as it is by these prismatic cliffs, forms an object of no common interest. Pine gives way to hemlock, and the presence of snowbanks, some of which invade but scarcely obstruct our way, tell us that we are near the summit. The snow becomes almost universal, but we pass over it unhindered, for it is hard beneath the hoofs. Before evening, with the summit ridge just before us, we come to a camp, where the first wagon of the season, having crossed Siberian ranges and fields of untrodden snow, rests in anticipation of tomorrow's descent into the grassy meads of Klamath. The Rogue River road at the summit ridge must have an elevation of 7,000 feet, but when we reach the divide and see the waters wending their way westward, we still look up to surrounding heights and snowy summits that remind us that the road follows a low pass in the great mountain chain. Here our difficulties commence, for we have miles of steep climbing to do before we reach the wonder shores of Crater Lake.
    Passing the divide and following along the west of a higher ridge for awhile, we then turn to the right and commence its ascent. The mountainside is densely timbered with hemlock, and the snow lies all around, its softened surface giving way to our horses' tread. We zigzag and wind the mountainside for two miles, always going steadily upward. Occasionally swift currents come down the gorges, fed by the melting snows. When the sun is about two hours high, we see a break in the monotony, the foreground is more open, and, reaching a summit that seems to look down on all the world, and upward to a few solitary peaks which foot of man cares not to climb, we cross the open stretch, to find ourselves upon the ridge that forms a segment of the wide-circling rim of Crater Lake. I can not call it shore, for the walled-in waters look up to cliffs and are looked down upon by pinnacles, and are bowed over and wept upon by midsummer snowdrifts, but they know no beach and wash no friendly shore.
    As the sun declines, we pass from point to point to get changing views and catch the inspiration of the wonder scene. The snowdrifts clothe the mountain, and have reached over to embrace the inner wall. The wind, that with chill determination sweeps the mountaintops, has caught the tone of winter. The first sight was disappointing, for it was not what I conceived it to be, and, indeed, I could not conceive it to be what it was. Sometime in the dim, volcanic past, there must have stood here, with those clustered heights forming a portion of its cliffs and spurs, a mountain mighty as Shasta--grander than its neighbor, McLoughlin--desolate as Hood. There must have come, at some time, a revival of its internal fires that made it consume itself and sent its burned-out ashes to desolate the far interior. Deep down it burned, thousands of feet below the circling wall of summits that remain to tell the story, and when the agony was over and the vast cauldron had settled and boiled away to the very dregs, these waters welled up from Nature's vast and hidden springs, upheld by some power we cannot understand, vast and deep, and cold as the eternal snows. I was disappointed, because I had not realized the extent of Crater Lake. Standing upon a kingly summit, I looked at the blue expanse that for once reached down to a horizon that seemed far below me. The ethereal blue was above and around me, but what was this sea of azure that lay between the mountain walls, ten miles distant, and reached far down beneath my feet? Above me was a sky that wore a troubled look, half-intelligible of coming storm, freckled with fear, furrowed with cloud-reaches that half-shadowed the closing day, and down below lay a sea of blue that reflected its sensations and gave them an untranslatable beauty that changed and grew stranger as the rippling winds borrowed wings from the upper currents and fanned the waters into a reflection of weird shadows that gave an unearthly mystery and wonder to the scene.
    The wall of Crater Lake circles it for a distance of twenty-five miles; the lake must be seven by ten miles in width and length. Where we stood, the wall had been measured and counted as 1,500 feet in height, and this was one of the lowest portions of it; it rises in other portions to 3,000 feet. Almost the entire distance the waves wash a nearly vertical wall; a slight slope outward at the top relieves it from direct perpendicularity, and near where we stand it is possible when the snows are gone to descend by a steep ravine, in which there is an occasional hemlock and some undergrowth. There is a narrow rim of boulders at the water's edge here, but there is no friendly shore. The mountain wall, for nearly the entire circuit, is a sheer cliff, grooved somewhat by the relieving hand of time that is constantly finishing its masterpieces, and sometimes the wall of gray is exchanged for red, ragged edges and pinnacles of lava, and there are, to our right, towers and fretted spires of such, rising from the placid lake. It is a scene that some master hand might be immortalized by transferring to canvas. Its grandeur is almost monotonous, its solitude is supremely desolate, and the mystery of' authorship is most sublime.
    To the right stands Mount Scott, one of the perpetual snow points of the Cascade Range, yet it was but an insignificant butte compared to the mighty mountain of which naught is left but this vast crater. The western base of Mount Scott reaches to the crater rim, and shelves down in 3,000 feet of precipice to meet the water. It is a work of days to study this mystery, to read these lava cliffs, to tread these summit snows, and watch the changing humors of the deep-down, inner surface. The bird that leaves us to cleave the air downward to the water's edge is lost to sight long before reaching its mark; the stone we dig from under the snow to roll over the bank is heard long after it ceases to be seen; the red crags that rise off to the right, near the wall, look small, but they are hundreds of feet high.
    Some ages after the mountain had burned out, and its fires had passed away, they must have revived and tried again to be fearfully revengeful, but they only succeeded in throwing up within the crater, about three miles from the western wall, a mimic volcano about a quarter of a mile high, perfect in form--an unblemished pyramid clad with hemlock to the very apex, and with a distinct crater upon its summit. A lava flow reaches from its base for several miles toward the western shore. So vast is the lake that this island and volcano play a part that is highly picturesque, but not the least monopolizing the importance of the scene. My friend, Mr. O. C. Applegate, once assisted to place a skiff on the lake, and explored its waters. Its depth is said to have been sounded for 1,350 feet without reaching the bottom.
    Of course, this wonderful lake furnishes a vast amount of mystery for Indian tradition. Here their medicine men still come, as they always came in the olden time, to study spiritual wisdom and learn the secrets of life from the Great Spirit. In the solitude of these wilds they fasted and did penance; to the shores of the weird lake they ventured with great danger, to listen to the winds that came from no one knew where--borne there to roam the pent-up waters and bear the mysterious whispers of unseen beings, whose presence they doubted not, and whose words they longed to understand. They watched the shifting shadows of night and day, the hues of sunlight, moonlight and starlight, saw white sails glisten on the moonlit waters, caught the sheen of noiseless paddles as they lifted voiceless spray, and having become inspired with the supernal, they bore back to their tribes charmed lives and souls fenced in with mystery. It is by such inspiration that the Indian medicine men become infused with the superstitious belief that they are more wise than they are mortal.
    We had tethered our horses under some trees where the snow had been melted, and that night we spread our blankets in a similar spot, kindling a huge fire of hemlock limbs (broken off by the snow), which we piled against a fallen tree. The night was bitter cold, the winds swept around us complainingly, but we slept by the crackling fire as soundly as tired nature can after a day of mountain adventure. Klamath Land has furnished me with memories that will haunt me wherever I shall be. Many besides those I have narrated, but none others so vivid--save the companionship of friends--as those of the ancient gatherings at Yainax and the strange wonderfulness of Crater Lake.
Samuel A. Clarke, Overland Month, December 1873, pages 548-554



U.S. Indian Agency
    Siletz, December 4th 1873
Sir
    I respectfully ask instructions relative to my duty respecting Alsea Sub-Agency.
    When the property at that place was turned over to me I received the following instructions from Supt. Odeneal:
    "Sir, I am directed to transfer to you and take your receipt for public property at Alsea Sub-Agency. Mr. Geo. P. Litchfield will continue in charge as commissary till an agent is appointed who will receipt to you. You will have nothing to do with the agency further than to receive and forward the monthly and quarterly reports of the commissary in charge &c. &c."
    As I had been directed to obey instructions of Mr. Odeneal, and as this deprived me of all control over that agency, I have--in the absence of other instructions from the Department--abstained from any interference with that agency and obeyed to the letter the orders I had received, merely receiving and forwarding the reports of the commissary.
    I respectfully ask if I am expected to exercise control over that agency, to be responsible for purchases and disbursements, and if the returns should be incorporated with my Quarterly Report of Property. &c.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Commissioner Ind. Affairs
        Washington D.C.
   

[penciled on the transmittal in another hand]
Fairchild will have full charge of Alsea Sub-Agency until further orders.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1068-1070.



Dec. 9th 1873
    Alsea Indian Agency Oregon
Sir--
    I informed your office in Sept. the financial condition of this agency. Not having heard from you in regard to the matter, I again write about the matter which is still darker than it was then. I have not yet recd. a dollar for salary or for the agency. It needs attention immediately, as winter is upon us and the crops failing on the agency is going to make the Indians very destitute, and those that I have employed are needing their pay badly, not saying anything of those of whom I have obtained credit. I am troubled about getting money for incidental expenses. One item alone, of getting mail, the agency is 30 miles from [the] P.O. with rivers to ferry, which make it quite expensive and demands pay every week. Mr. Fairchild has assumed no authority aside from receipting for the property. He has expected that I or someone would have been appointed agent before this. The neglect shown this agency for the past year has injured the credit and reputation of the Indian Department in this part of the country very much. I am in hopes you will make this a point of special attention immediately, as we are in a very unpleasant situation without funds. If it is impossible for us to have funds please write me the cause of the delay so that I can have an explanation to make to people of whom I am obtaining credit. Hoping this will meet with your attention and approval,
I remain your obt. servant
    Geo. P. Litchfield
        Special Commissary
            Alsea Agency
                Oregon
                    via Newport
                        Benton Co.
                            Oregon
Hon. E. P. Smith
    Commissioner of
        Indian Affairs
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 191-193.



U.S. Indian Agency
    Siletz, Oregon, Dec. 10th 1873
Sir
    As Congress is expected to legislate this winter on questions vitally affecting the welfare of these Indians which can be much better presented in a personal interview, I respectfully ask if consistent with the regulations of the Department that I may be ordered to Washington to represent the wants of this people.
    I am convinced a division of land is essential to their prosperity and advancement, the reasons for which are so many it is almost impossible to embody them in any ordinary letter.
    The question of this removal should be definitely settled before they can be expected to make any very earnest efforts to improve.
    In my judgment a tract of land 10 miles square would be ample for these Indians, and the remainder of the reservation could be opened for settlement if desired. The unpaid liabilities of this agency also require attention, and I earnestly hope measures may be taken to adjust them.
    For these and many other reasons in which the welfare of these Indians [is] concerned I respectfully ask [for,] if consistent with the interest of the government, an order to report in person at Washington to represent the interests of this agency and try and secure such action as may be necessary to promote the interests of the people under my care.
Very respectfully
    Your obedient servant
        J. A. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Com. Indian Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1077-1079.



Linkville, Oregon,
    December 17th 1873.
Hon. Jno. H. Mitchell
    Washington D.C.
        Dear Sir,
            Klamath Indian Reservation must suffer on account of the new financial arrangement forbidding the use of the appropriations made for the fiscal year ending June 30, 1864 to a liquidation of expenses incurred prior to the beginning of the year.
    The absolute necessities of the service at Camp Yainax, the Modoc and Snake station on Klamath Reservation, required the employment of certain artisans and laborers and the purchase of subsistence and other supplies during the administrations of both Supt. Meacham and Supt. Odeneal. The Superintendents, although acknowledging the need of employing the men and purchasing the supplies and sanctioning the same, could not provide a sufficiency of funds to liquidate more than half the expense, and a special appropriation will have to be made by Congress to pay off the remaining liabilities.
    This circumstance has already been of serious disadvantage to the service. The credit of the Dept. has suffered no little, and some of the most efficient employees have been compelled to leave the service and seek more remunerative business.
    It is earnestly hoped by all the holders of these unpaid vouchers that you will take an interest in this case and make an effort to secure an appropriation at an early day sufficient for their relief. The Commissioner of Indian Affairs understands the matter and has indicated his willingness to assist in getting the appropriation made. A full statement of these liabilities supported by each voucher will be forwarded to his office as soon as it can be completed.
    The foregoing has been written at the request of Mr. Dyar and the proprietors of the several vouchers.
Very respectfully
    Your obt. servt.
        O. C. Applegate
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 619 Oregon Superintendency, 1874, frames 1036-1038.



U.S. Indian Agency
    Siletz Oregon Dec. 19th 1873
Sir
    My letter of the 10th inst., asking instructions to report in person at Washington, was written under the impression that the recent freezing of the Columbia River, stopping all travel from that section, would prevent the promised visit of Inspector Kemble. Since then, however, he has paid us a hurried visit and will perhaps be able to give the Department all needed information. I therefore respectfully ask leave to withdraw my request of the 10th inst. unless it should be thought essential to the interests of these Indians that I represent them in person.
Very respectfully
    Your obedient servant
        J. H. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Com. Indian Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 619 Oregon Superintendency, 1874, frames 443-444.



Klamath Agency Or.
    Dec. 20th 1873
Sir
    The annuity goods purchased by Mr. H. Cox in San Francisco for this reservation have arrived in good order and have nearly all been issued to the different tribes of Inds. A part will be paid for from Shoshone & Bannock funds, and part from Klamath & Modoc. Are they to be paid for by me from funds placed to my credit? If so I shall not be able to pay the whole amount until I receive from you more funds. If it is your purpose to pay from funds not transferred to me it will be necessary for me to give you the cost of the articles issued to the different tribes, which I am prepared to do at any time.
Very respectfully
    Your obt. servt.
        L. S. Dyar U.S. Ind. Agt.
Hon. E. P. Smith
    Comr. Ind. Affrs.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 619 Oregon Superintendency, 1874, frames 239-240.




Klamath Agency Or.
    Dec. 20th 1873
Sir
    I would respectfully ask permission to purchase two good horses for Department use at Yainax Station, to be paid for from funds for "Support of Shoshones & Bannocks."
    There are but three Dept. horses there, and they are necessarily overworked and are becoming worthless.
Very respectfully
    L. S. Dyar
        U.S. Ind. Agt.

To
    Commissioner of. Ind. Affrs.
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 619 Oregon Superintendency, 1874, frames 241-242.



Klamath Agency Or.
    Dec. 20th 1873
Sir
    Your letter of 3rd inst., together with Dept. circulars relative to expense accounts while traveling on public business is recd.
    Am I to understand that an Indian agent is not allowed to travel on business of the Dept. at Dept. expense without an order from the Commissioner? Circumstances frequently arise which require the prompt attention of the agent, and where the delay necessary to obtain an order would work serious harm to the service. Please instruct me in this matter.
Very respectfully
    Your obt. servt.
        L. S. Dyar U.S. Ind. Agt.
Hon. E. P. Smith
    Comr. of Ind. Affrs.
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 619 Oregon Superintendency, 1874, frames 243-244.



U.S. Indian Agency
    Siletz Oregon Dec. 20th 1873
Sir
    As I have had the honor of stating to you in my letters of Sept. 19 and Dec. 4th I was instructed by Supt. Odeneal to "have nothing to do" with Alsea Sub-Agency "further than to receive and forward the monthly and quarterly reports of the commissary in charge" &c.--Inspector Kemble having directed me to assume control of that agency, I have the honor to report the following indebtedness of the agency as follows--
    Prior to July 1st under Geo. P. Litchfield, special commissary in charge $  230.95
Subsequent to July 1st and prior to Oct. 1st 1873   1100.00
Making a total since the present $1350.95
Commissary assumed charge up to beginning of 4th qr. During the 4th quarter the expenditures will not vary far from $1100.00, which is not yet fully adjusted. I respectfully submit the enclosed requisition for funds to that sub-agency and ask that they be forwarded as soon as practicable.
Very respectfully
    Your obedient servant
        J. H. Fairchild
            U.S. Indian Agent
Hon. E. P. Smith
    Commissioner Ind. Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 619 Oregon Superintendency, 1874, frames 445-448.



Department of the Interior,
    Washington, D.C. December 29th 1873
Sir:
    In the matter of the application of W. C. McKay and Donald McKay, presented by Hon. J. W. Nesmith of Oregon, for permission to bring to the East some of the Indians belonging to the tribes mentioned by McKay, I approve the suggestion contained in your report of the 17th instant on the subject, that the permission applied for be granted, with the understanding "the the parties to have charge shall give good bonds to properly care for the Indians, and that no expense to the government shall be incurred."
    You will, therefore, prepare the necessary instructions to the proper Indian agents authorizing the Messrs. McKay to take charge of the Indians herein referred to upon the terms proposed, and transmit to Hon. J. W. Nesmith, House of Representatives, the necessary permits to be forwarded by him to the persons named.
    The letter of Mr. Nesmith and enclosures are herewith returned.
Very respectfully
    Your obedient servt.
        B. R. Cowen
            Acting Secretary
The Commissioner
    of Indian Affairs
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 137-139.



Newport Oregon
    Dec. 30th 1873
Dear Sir,
    Since forwarding to you my accounts for collection (as commissioner to arrange troubles with Modoc Indians) I have received a letter from H. R. Clum, Acting Commissioner of Indian Affairs, asking for an itemized account of said expedition, also statement of price of currency at that date and certificate of chairman of said commission (A. B. Meacham) attached to said accounts.
    I herewith enclose itemized account of the expedition. I forwarded last week a statement of price of currency, given by F. H. Sawtell, merchant in this place, and to whom I sold currency at that time.
    It is out of the question for me to furnish A. B. Meacham's signature as chairman of the peace commission in the form of certificate attached to these accounts.
    I do not know where A. B. Meacham is at the present.
    The last I heard of him he was traveling through the East making speeches on Capt. Jack's Modoc War.
    A. B. Meacham could not certify as to the correctness of the account from the simple fact that he was not present at any time when any portion of the money was paid.
    If any corrections are to be made, as if my signature is wanted to perfect the account, you are hereby authorized to sign the same for me.
    It is now almost one year since the account was contracted, and I am actually in want of my money; therefore, I sincerely hope the account will be promptly paid by the Department.
Your most obedient servant
    Samuel C. Case
Hon. J. H. Mitchell
    U.S. Senator
        Washington
            D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 619 Oregon Superintendency, 1874, frames 1131-1137.  Account of expedition not transcribed.



Newport Oregon
    Dec. 30th 1873
Dear Sir,
    Yours of Dec. 3rd received.
        According to instructions I have forwarded to Hon. J. H. Mitchell, U.S. Senator from Oregon, my itemized account &c. of expenses as commissioner to settle troubles with Modoc Indians, which will be presented by him for settlement.
    Your state that the certificate of A. B. Meacham, chairman of said commission, must accompany accounts before they can be paid. This I am unable to obtain from the fact that I do not know where the Hon. A. B. Meacham can be found.
    I hope and trust no more delay will attend the settlement of the account from the fact I am actually in want of the money.
    You are aware I furnished my own funds to defray the expense of that trip and already nearly one year has passed.
    I trust and hope the Department will consider this matter favorable and pay the amount due me.
Your most obdt. servt.
    Samuel Case
To Hon. H. R. Clum
    Actg. Commissioner
        Indian Affairs
            Washington
                D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 619 Oregon Superintendency, 1874, frames 118-120.




Last revised February 26, 2017