Wigwam and War-path Or the Royal Chief in Chains Part 29

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

He said he "should not object to the white men settling in his country,"

and that he "would keep his people away from the settlements, and would prevent any trouble between white men and his Indians."

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

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

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

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

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

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

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

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

"The military commander at Fort Klamath made an unsuccessful effort to arrest a few of the head men. Two commissioners were sent from the Indian Department, and a temporary arrangement made whereby hostilities were averted. The Modocs cannot be made to live on Klamath Reservation, on account of the ancient feuds with the Klamaths. They are willing to locate permanently on a small reservation of six miles square, lying on both sides of the Oregon and California line, near the head of the Tule lake.

In equity they are ent.i.tled to a portion of the Klamath and Modoc annuity funds, and need not necessarily be a burden to the Government; but, according to the ruling of Commissioner Parker, they have forfeited these rights. I would recommend that they be allowed a small reservation at the place indicated above, and also a pro-rata division of the Klamath and Modoc treaty funds for employes and annuities; otherwise they will doubtless be a source of constant expense to the Government, and great annoyance to the white settlements near them. Though they may be somewhat responsible for not complying with the treaty, yet, to those familiar with Indian superst.i.tion, it is not strange or unreasonable that great charity should be extended to these people."

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

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

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

This state of affairs could lead to but _one result_,--blood. The pet.i.tions could not be disregarded. Action must be had, and that without delay. General Canby was appealed to; having rescinded the order for the arrest of Captain Jack the previous summer, he was slow to issue another looking to the same end. He believed, as I did, that any attempt to compel the Modocs to return to Klamath would endanger the peace of the country.

Captain Jack had failed to keep his part of the late contract, and had thereby forfeited any claim to further clemency.

CHAPTER XXII.

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

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

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

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

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

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

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

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

The only thing said or done by any parties in Y-re-ka that has come well authenticated, that could have had any influence with the Modocs in their replies to Odeneal's message, is the proposition above referred to as coming from Roseborough and Steele, to a.s.sist 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 Captain Jack's insolent reply to his message, Superintendent Odeneal made application to the military commander at Fort Klamath for a force to "compel said Indians (Modocs) to go upon the Klamath Reservation;" reciting the following words from the honorable Commissioner of Indian Affairs: "You are hereby directed to remove the Modoc Indians to Klamath Reservation; _peaceably_ if you possibly can, but _forcibly_ if you must," and saying: "I transfer the whole matter to your department without a.s.suming to dictate the course you shall pursue in executing the order aforesaid; trusting, however, that you may accomplish the object desired without the shedding of blood, if possible to avoid it."

He received the following reply:--

HEAD-QUARTERS, FORT KLAMATH, November 28th, 1872.

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

I am, sir, very respectfully, Your obedient servant, JOHN GREEN, _Major First Cavalry Commanding Post_.

MR. T. B. ODENEAL, _Superintendent Indian Affairs_.

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

The Modocs had one especial friend in whom they relied for advice and warning. This man's name was Miller.

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

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

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

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

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

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

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

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

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

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

With Captain Jack was "_Schonchin John_," so named from being a younger brother of the "Old chief Schonges;" "_Scar-face Charley_," so named on account of a scar on his face; "_Black Jim_," so named on account of his dark color; "_One-eyed Mose_," so called on account of defect in one eye; "_Watchman_," who was killed in the first battle; "_Humpty Joe_," "_Big Ike_," "_Old Tails_," "_Old Tails' boy_," "_Old Long-face_," and four others.

On the east side of the river was the "_Curly-haired Doctor_;" "_Boston Charley_," named on account of his light color; "_Hooker Jim_" had lived with old man Hooker; "_Slolax_," and ten others, with their families.

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

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