BANCROFT 
 LIBRARY 
 
 o 
 
 THE LIBRARY 
 
 OF 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
THE 
 
 MODOC WAR; 
 
 STATEMENT 
 
 ORIGIN AND CAUSES, 
 
 CONTAINING 
 
 AN ACCOUNT OF THE TREATY, COPIES OF PETITIONS, 
 AND OFFICIAL CORRESPONDENCE. 
 
 PORTLAND, OREGON: 
 
 "UULLKTIN" STEAM BOOK AND JOB PRINTING OFFICE. 
 1873. 
 

 
THE 
 
 MODOC WAR; 
 
 STATEMENT 
 
 OF ITS 
 
 ORIGIN AND CAUSES, 
 
 CONTAINING 
 
 AN ACCOUNT OF THE TKEATY, COPIES OF PETITIONS, 
 AND OFFICIAL COEEESPONDENCE. 
 
 POETLAND, OEEGON: 
 
 BULLETIN" STEAM BOOK AND JOB PRINTING OFFICE. 
 1873. 
 
PORTLAND, Oregon, February 12, 18*13. 
 
 Hon. T. B. ODENEAL, 
 
 Superintendent Indian Affairs, Salem, Oregon, 
 
 SIR: Owing to the many erroneous impressions made upon 
 the press and people of the Atlantic States, by the numer 
 ous false accounts given by newspaper correspondents of 
 the present trouble with the Indians in southern Oregon, we 
 would respectfully request that you furnish, for publication, 
 a statement from the records in your possession, of all facts 
 pertaining to the origin, cause, and commencement of the 
 existing difficulties with the Modoc Indians. We are 
 impelled to make this request only by a sincere desire to 
 shield the State from injury by the erroneous publications 
 referred to. 
 
 H. W. SCOTT, 
 C. P. CRANDALL, 
 B. GOLDSMITH, 
 ALEX. P. ANKENY 
 
Bancroft Library 
 73.33 -9 
 
 CORRESPONDENCE. 
 
 OFFICE SUPERINTENDENT INDIAN AFFAIRS, 
 
 Salem, Oregon, February 17, 1873. 
 
 Messrs. ANKENY, SCOTT, GOLDSMITH and GRAND ALL: 
 
 GENTLEMEN: Your note of the 12th instant is 
 received. Prompted by the same motives expressed 
 by you, I furnish herewith a brief statement of the 
 origin and cause of the Modoc war, together with 
 copies of official documents pertaining to that subject: 
 
 The Modoc war has become a matter of vast 
 importance and serious concern. Blood has been 
 spilled, and treasure is being consumed in the effort 
 to compel obedience on the part of the desperate band 
 under captain Jack, hold them to their treaty stipula 
 tions with the government, and secure peace and 
 safety to settlers on our southern border. 
 
 With reference to, and for the benefit of, the 
 sensational press of the country especially that of 
 California the Modoc trouble was most opportune. 
 The peaceable arbitration and solution of foreign 
 
questions, and the political calm which followed the 
 excitement connected with the presidential contest, 
 had left the newspapers of the land almost without 
 material to work upon, when the first gun of hostilities 
 on Lost river sounded the key note of war, broke the 
 monotonious quiet of the times, and echoed and 
 reverberated throughout the country, until the sound 
 was heard in every nook and corner of the nation. 
 It was necessary to "write up "the subject with 
 electric facility, and a thousand graphic prodigies 
 attacked it on the instant with all the recklessness of 
 ignorance, and a fervor of imagination unrestrained 
 by honesty and inflexible fact. Half forgotten 
 orations of Logan and Red Jacket, and the exploits of 
 Tecumseh pride and strength of the school boy 
 have been restored to memory, and launched again at 
 the heads and hearts of the people. The atmosphere 
 becomes lurid with Indian romance, and oroide 
 humanitarians keep up the wail for a weekly stipend 
 about the abuses, frauds, and injustice of the 
 authorities against this band of Modocs. 
 
 Many papers, outside of this State, particularly 
 those of a metaphorical tendency, have manufactured 
 and inaugurated Modoc difficulties of their own, and 
 are keeping them up with daily rations of hot condi 
 ments from their combustible fancies. 
 
 The whole subject, especially the comments upon, 
 and the alleged causes of the war, and the character 
 of the belligerent Indians, has now more and worse 
 distorted faces than a Hindoo god. So many different 
 versions have been given that it would seem that no 
 
one who has read them all could possibly fail to be 
 confounded and befogged, so much as to be utterly 
 unable to form any idea of the true cause of the 
 hostilities. 
 
 The press of enlightened Oregon, however, having 
 a more definite comprehension of the facts, has almost, 
 without exception, presented them fairly, and it is, 
 therefore, to a certain order of journals in California, 
 which, through prejudice for everything in Oregon, 
 wrong information, indifference or recklessness, whose 
 publications are re-echoed by other papers in the 
 east, that we may attribute the flood of misrepresen 
 tation, which has poured over the country to the 
 amazement of those who are in possession of the . 
 truth, and the confusion of distant and uninformed 
 communities. 
 
 In view of these things, it is due to the cause of 
 truth, and to the people of Oregon, both of which are 
 entitled to the respect even of brilliant newspaper 
 correspondents and reporters, to furnish for publica 
 tion a brief history, composed mainly of official 
 documents on that subject, in order to dissipate the 
 cloudy fancies of romancists, which have probably 
 served their time, and give the public an understand 
 ing of the Modoc question, so simple when the facts 
 are understood. 
 
 On the 14th day of October, 1864, a treaty was 
 made and concluded at Klamath Lake, Oregon, 
 between J. W. P. Huntington and William .Logan, 
 commissioners, on the part of the United States, and 
 
6 
 
 the chiefs and head men of the Klamath and Modoc 
 tribes of Indians, by the terms of which said tribes 
 ceded to the United States all their right, title, 
 interest and claim in and to all lands outside the 
 limits of what is known as Klamath Reservation, 
 which was reserved and set aside for their sole use 
 and occupation, and upon which, by the terms of 
 the treaty, they agreed to go and reside and not 
 depart therefrom, except by permission of the agent 
 or superintendent; and it was further stipulated and 
 agreed that they should demean themselves properly 
 in all respects, and ever thereafter maintain peaceable 
 relations with the whites. One of the Indians who 
 signed the treaty was captain Jack ( Indian name, 
 Keint Poos ). A gentleman, who was a witness to the 
 treaty, says that captain Jack at first hesitated to 
 assent to its terms, but finally did so with as much 
 apparent willingness as any one. This treaty was 
 amended and ratified by the senate of the United 
 States, July 2, 1866, and the amendments were 
 assented to by captain Jack and the other chiefs and 
 head men of the Modocs, on the I Oth day of 
 December, 1869, about which time captain Jack's ' 
 band went upon the reservation, but becoming 
 dissatisfied, they left some time in February, 1870, 
 and have not since been back, though repeated efforts 
 have been made to persuade them to return. The 
 right of the Indians to the lands on Lost river and 
 Tule Lake being extinguished, that portion of the 
 State was soon settled by whites. When the Indians 
 left the reservation in 1870, they located in the 
 midst of this settlement and remained there until the 
 
commencement of the present trouble. In July, 
 1871, late superintendent Meacham had a sort of 
 understanding with these Indians, to the effect that 
 they should be allowed to remain where they were 
 until he could see whether the government would 
 not give them a new reservation on Lost river. On 
 account of this arrangement, general Canby declined 
 to furnish troops to remove them forcibly when 
 requested to do so by Mr. Meacham, on the 25th of 
 January, 1872. Mr. Meacham's answer to this 
 objection, in his letter of February 8, 1872, says: 
 " They have not kept their part of the agreement, 
 and hence have forfeited any claim they might have 
 had to forbearance. " 
 
 Persons familiar with the history of captain Jack, 
 say that his first disaffection became manifest when 
 late superintendent Huntington refused to recognize 
 him as head chief of all the Modocs. He claimed 
 that he was mistreated when on the reservation in 
 1869-70, and when he left took with him all the 
 more venturesome warriors of the tribe, and attempted 
 to set up an independent colony of his own on Lost 
 river. Repeated efforts were made to induce him to 
 return, but he would not. Each successive attempt to 
 persuade him to go only increased his defiance and 
 insolence. Threats and promises had been made, 
 and not executed until he seemed to think the govern 
 ment would allow him to dictate the terms which 
 should settle a difficulty of his own making. It may 
 not be out of place here to say that the " jaw-bone" 
 policy is, in my estimation, the source of more trouble 
 
8 
 
 with Indians than anything else. Too much "pow-wow" 
 is the prime cause of the trouble with captain Jack, 
 who has a remarkable faculty of misconstruing every 
 thing said to suit his own purposes, and then claiming 
 that bad faith has been practiced. A little prompt 
 action and less talk, when he first left the reservation, 
 before he had become emboldened by repeated 
 successes in "pow-wowing, " would have accomplished 
 the desired object, and the Modoc war would not have 
 been. 
 
 The present humane policy of the government 
 toward Indians^ believe to be the best ever adopted. 
 > Humanitarian ideas which do not embrace the whole 
 human family are more circumscribed than mine, but 
 experience teaches us that the restraining powers of 
 the government must sometimes be brought into 
 requisition, in order to enforce obedience to law, and 
 induce proper respect to be paid by some to the rights of 
 others. In reporting against the propriety of locating 
 captain Jack's band elsewhere than on Klamath Res 
 ervation, I was governed by the recommendations of 
 Messrs. Dyar, I. D. Applegate, colonel Otis and late 
 superintendent Meacham, as well as the fact that the 
 people who had settled on Tule Lake and Lost river 
 had vested rights in the land, of which these Indians 
 had divested themselves by the treaty, and that it 
 would be a violation of equity and justice to locate 
 them in their midst, and the only new location 
 desired by them was in this vicinity. I believed 
 further, that to yield thus to this whim of captain 
 Jack, would only pave the way to future concessions 
 
9 
 
 whenever he should deem himself aggrieved, or 
 become dissatisfied with the restraints of a reserva 
 tion. 
 
 The whole matter may be summed up in a few 
 words: These Indians made a treaty, agreed to go to 
 Klamath Reservation, which they accepted in lieu 
 of all other lands to which they had ever before set 
 up any claim, to remain thereon, and not depart 
 therefrom without first obtaining leave of the agent 
 or superintendent, and to maintain peaceable relations 
 with all people. The country they thus relinquished 
 all right to was settled by the whites under the 
 homestead and pre-emption laws of the United States. 
 Improper advice was given captain Jack by white 
 men of California; he left the reservation without 
 leave, returned to the country he had given up, 
 and persisted in claiming and living upon it ; 
 levying black mail upon the settlers, taking their 
 property, insulting their families, and threatening 
 their lives. Numerous letters and petitions went to 
 Washington, and thereupon the government ordered 
 that they be removed to the reservation, forcibly if 
 necessary. They refused to go, fired upon the troops 
 our soldiers returned the fire, and thus the war 
 commenced. They acp , the ^ only belligerently 
 inclined Indians in Orejjon, and unless such terms 
 shall be made with this band" as^wrH convey the idea 
 of a victory on the part of captain Jack, we may look 
 for no more Indian outbreaks. 
 
 Let captain Jack dictate his own terms, and it may 
 not be long before the Klamaths, the Snakes, some 
 
10 
 
 of the Umatillas, and others may feign to be 
 aggrieved, and follow Jack's precedent. Viewing the 
 whole situation, and considering the importance of 
 adjusting and determining the difficulties in a proper 
 way, and for the best interests of whites and Indians, 
 I believed that they should be required to surrender 
 unconditionally, lay down their arms and go to the 
 reservation, and that the murderers of citizens should 
 be turned over to the civil authorities to be dealt with 
 according to law, and I so reported. 
 
 Very respectfully, 
 
 Your obedient servant, 
 (Signed) T. B. ODENEAL, 
 
 Superintendent Indian Affairs, Oregon. 
 
 [ COPY ] 
 
 Hon. A. B. MEACHAM, 
 
 Superintendent Indian Affairs. 
 
 General CANBY, 
 
 Commanding Department Columbia. 
 
 We, the undersigned citizens of Lost and Link 
 river, Klamath and Tule Lake country, after suffering 
 years of annoyance from the presence of the Modoc 
 Indians, through the delay of the Indian and military 
 
11 
 
 a 
 
 department, have not been removed to the reserva 
 tion, as required by the treaty stipulations of 1864, 
 entered into by the authorized agents of the govern 
 ment and the chiefs of the Modoc Indians, by which 
 all their lands were ceded to the United States, 
 except those embraced in the reservation, as 
 stipulated in said treaty. But, notwithstanding all 
 the conditions of said treaty have been faithfully 
 performed, on the part of the government, it is a well 
 known fact thut a factious band of the Modocs, of 
 about three hundred, who were parties to that treaty, 
 have, through the influence of citizens of an adjoining 
 State who have been engaged in an illicit traffic 
 with them have been instigated to set the authority 
 of the government at defiance, and to utterly refuse 
 compliance with their treaty stipulations by going on 
 the reservation; and since there is no longer any 
 conflict between the Indians and military depart 
 ment, such as prevented sub-agent Applegate from 
 bringing those Indians on the reservation, we, 
 therefore, make this earnest appeal to you for relief, 
 knowing that you have the cavalry force. We 
 petitioned to be sent to Fort Klamath two years ago 
 for this specific purpose, at your command. We ask 
 you to use it for the purpose it was procured for, that 
 the departments, both civil and military, have not 
 been kept ignorant of the fact that we have been 
 repeatedly on the verge of a desolating Indian war 
 with this band of outlaws, who, by your delay to 
 enforce the treaty, have been led to despise, rather 
 than respect the authority of the government. 
 
12 
 
 Their long continued success in defying its 
 authorites has emboldened them in their defiant and 
 hostile bearing, until further forbearance on our part 
 would cease to be a virtue ; that, in many instances, 
 our families have become alarmed at their threats to 
 kill and burn, until we were compelled to remove 
 them for safety across the Cascade mountains, thereby 
 suffering great loss of time and property ; that the 
 agents at Klamath and commissary at Yainax, 
 during this long delay, growing out of this unfortu 
 nate conflict of departments, have done all they could 
 to prevent a war, and bring about an amicable adjust 
 ment of our troubles we have no reason to doubt ; 
 but we ask now, since no such conflict exists, 
 shall a petty Indian chief, with twenty des 
 peradoes, and a squallid band of three hundred 
 miserable savages, any longer set at defiance the strong 
 arm of the government, driving our citizens from 
 their homes, threatening their lives, and destroying 
 our property? 
 
 Their removal to the reservation, in the winter 
 season, may. be easily accomplished by any one 
 acquainted with them and their country, and will not 
 require more force than could be furnished from Fort 
 Klamath to do it. We recommended commissary I. 
 D. Applegate, of Yainax, to the consideration of the 
 department, as a suitable man to take charge of any 
 force or expedition looking to their removal. His 
 long connection with the Indian department, and 
 thorough knowledge of them and their country, and 
 all the facts connected with this whole Modoc 
 
13 
 
 question, and as a stock-raiser equally interested with 
 us in their removal, point him out to us as the right 
 man in the right place in charge of this much needed 
 expedition for the removal of this band of Modocs to 
 their reservation, for which your petitioners will ever 
 pray. 
 
 I. N. Shook, 
 Samuel Colver, 
 James H. Calahan, 
 David P. Shook, 
 J. J. Bratton, 
 Paul Bratton, 
 H. Duncan, 
 C. Kilgone, 
 Joseph Langell, 
 Simpson Wilson, 
 Thomas Wilson, 
 Frank Hifling, 
 James Vinson, 
 G. S. Miller, 
 Edwin Crook, 
 A. C. Modie, 
 0. H. Swingle, 
 C. A. Miller, 
 J. C. Turnidge, 
 G. B. Vanresser, 
 J. H. Springer, 
 J. V. Kubru,' 
 H. Bailmauk, 
 
 Thomas Collar, 
 J. M. Rambo, 
 
 D. Davis, 
 W. Dingman, 
 John Clean, 
 W. H. Miller, 
 Willis Hall, 
 
 E. Hall, 
 A. Hall, 
 
 J. T. Aront, 
 Joseph Seeds, 
 John E. Nay lor, 
 George Nurse, 
 Edward Overton, 
 William Roberts, 
 John Got brood, 
 W. Hicks, 
 0. A. Stearns, 
 0. L. Stearns, 
 John Fulkerson, 
 Isaac Harris, 
 George Thomas. 
 
 Another petition addressed to Governor Grover, and 
 signed by sixty-five citizens of Lost river, Klamath 
 
14 
 
 and Tule Lake country, asks for protection, and 
 among other things says: 
 
 " Our reasons for this request are these: We have 
 been harrassed and bothered for the last four years by 
 this renegade band of lawless Modoc Indians. They 
 are extremely saucy and menacing in their repeated 
 threats against settlers .and their stock ; they set up a 
 claim to our homes; they frequently draw guns an 
 pistols on inoffensive citizens ; they recently fired at 
 the house of citizen Ball ; they watch the men leave 
 their houses, and then go to the house and insult the 
 female inmates of our sacred homes ; they boast 
 defiance to the authorities, etc. " 
 
 Upon the receipt of these petitions, honorable A. B. 
 Meacham, then superintendent of Indian affairs, 
 addressed the following letter to the commander of the 
 department of the Columbia: 
 
 OFFICE SUPERINTENDENT INDIAN AFFAIRS, 
 
 Salem, Oregon, January 25, 1872. 
 
 SIR: Enclosed please find a petition from citizens 
 of Jackson county, Oregon, for removal of Modoc 
 Indians. I would respectfully ask that the said 
 Indians be removed to Yainax Station on Klamath 
 Reservation, by the military force now at Fort 
 Klamath. I would also suggest that sufficient force 
 be sent on this mission to insure success, say fifty 
 men. I have ordered arrangements to subsist the 
 
15 
 
 Modocs at the place above named, and have 
 instructed I. D. Applegate, commissary at Yainax, 
 to confer with commander a,t post, and accompany 
 said expedition if agreeable to your department. Now, 
 if it is not consistent with your views on the 
 subject to comply with the above request, I would 
 respectfully ask that a military force of the number 
 designated be placed, subject to requisition of com 
 missary Applegate, for the purpose above stated. 
 Winter is the only time to successfully operate 
 against these Indians. 
 
 I regret very much the necessity of this action, 
 but the peace and welfare of white settlers and 
 Indians demand that it be done promptly. 
 
 Very respectfully, 
 
 Your obedient servant, 
 ( Signed ) A. B. MEACHAM, 
 
 Supt. Indian Affairs in Oregon. 
 
 General E. R. S. CANBY, 
 
 Commanding Dep. of Columbia, Portland, Oregon. 
 
it; 
 
 HEADQUARTERS DEPARTMENT OF THE COLUMBIA, 
 
 Portland, Oregon. February 5, 1872. 
 
 HON. A. B. MEACHAM, 
 
 Supt. Indian Affairs for Oregon, Salem, Oregon. 
 
 SIR: I have the honor to acknowledge the receipt 
 of your communication of January 25th, in relation 
 to the Modoc Indians, and also of the sketch of the 
 Klamath Reservation, as recently surveyed, which 
 reached me on Saturday. Referring, to the report of 
 the commissioners, appointed by you to confer with 
 the Modoc chiefs, and transmitted in your letter of 
 August 28, 1871. 1 find it stated that as the result of that 
 conference, " under the circumstances, we did not think 
 it advisable to talk very much with them, further 
 than to advise them not to do any thing that would 
 have a tendency to cause any collision between them 
 and the settlers, to remain ivliere they were until they 
 saw you, not to resist the military under any circum 
 stances, and to pay no attention to the talk of 
 irresponsible parties." This has been understood as 
 a temporary settlement of the question, and as 
 authorizing them to remain for that time at the point 
 where they were found by the commissioners, unless 
 some different arrangement has since been made. I 
 think that it would not be expedient, or politic, to 
 send a military force against these Indians, or, at least, 
 until notified of the determination of the govern 
 ment of the point at which they are to be established, 
 and fully warned that they will be treated as enemies 
 
17 
 
 if within a reasonable and specified time they do not 
 establish themselves as required. I shall be pleased 
 to hear from you fully upon this subject, and as early 
 as may be convenient, and in the meantime will send a 
 copy of your communication to the commanding 
 officer at Fort Klamath, to take all necessary measures 
 to protect the settlers against hostilities from the 
 Modocs, and to prepare to aid in their removal to the 
 point indicated in your communication, should forcible 
 means become necessary. 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 (Signed ) ED. W. R. CANBY, 
 
 Brigadier General Commanding. 
 
 [A true copy.] 
 
 OFFICE SUPERINTENDENT INDIAN AFFAIRS, 
 
 Salem* (h'egoi), February 8, 1872. 
 
 SIR: I have the honor to acknowledge the receipt 
 of your letter of the fifth instant, In reply, in part, 
 submit herewith copy of letter to commissioner on this 
 subject ; further, would state that I had in my 
 annual report, for 1871. recommended that a small 
 
18 
 
 reservation be made for the Modoc Indians at the 
 north end of Modoc Lake. No action has been had by 
 the department that I am aware of. 
 
 My reasons for asking assistance are set forth , or 
 rather suggested, by the petition forwarded to you, 
 otherwise I would have deferred action until such 
 time as instructions might be forwarded from Wash 
 ington city. Since my letter to you, I have received 
 a communication from Hon. Jesse Applegate on this 
 Modoc question, a copy of which please find enclosed 
 herewith. I have also learned from I. D. Applegate, 
 commissary in charge of Yainax, and from J. N. 
 High, Indian sub-agent at Klamath, that hostilities 
 were imminent. I am of the opinion that any attempt 
 to arrest the chief and his " body guard ' ' will be 
 resisted by them, and serious consequences may 
 result. Nevertheless the white settlers must be 
 protected. 
 
 In your letter you refer to the agreement made 
 with commissioners sent by this department last 
 July, and suggested that no action be had until they 
 were notified to place themselves upon the reserva 
 tion, etc. That council was held at Clear Lake, some 
 sixty miles southeast of Modoc Lake, where they are 
 now located, hence you perceive they have not kept 
 their part of the agreement, and have forfeited any 
 claim they might have had to forbearance. 
 
 I do not realize that there is any unjustifiable 
 breach of our part of the compact of July last, by 
 compelling them to go on the reservation. Had they 
 
behaved honestly, and on their part maintained peace 
 able relations with the white settlers, they might have 
 remained at Modoc Lake undisturbed. Such has not 
 been the case, and much as I regret the necessity for 
 forcible arrest and return to the reservation, I can 
 see no other way to secure peace and mete out 
 justice. 
 
 I would respectfully recommend that the commander 
 at Fort Klamath be instructed to arrest the chief 
 and five or six of the head men, and hold them in 
 confinement until some further orders shall have been 
 received from department at Washington city. 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 (Signed) A. B. MEACHAM, 
 
 Supt. Indian Affairs in Oregon. 
 
 General ED. CANBY, 
 
 Commanding Dept. of Columbia, Portland Oregon. 
 
20 
 [ COPY ] 
 
 OFFICE SUPERINTENDENT INDIAN AFFAIRS, 
 
 Salem Oregon, February 19, 1872. 
 
 SIR: Governor Grover has this day called on me, 
 and is very solicitious about Modoc matters. I have 
 no further information, but from private letters learn 
 that the white settlers are making preparations for self 
 defense. I can only renew my recommendation that 
 the Modoc chief and his head men be placed under 
 arrest at Fort Klamath. 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 ( Signed ) A. B. MEACHAM, 
 
 Supt. Indian Affairs in Oregon. 
 
 General E. R. S. CANBY, 
 
 Commanding, etc., Portland. 
 
 On the llth day of April last colonel Elmer Otis 
 and late superintendent Meacham were in the office 
 of the superintendent of Indian affairs, at Salem, 
 and, at the request of the present superintendent, 
 they expressed their views, in writing, in regard to 
 the Modocs and other Indians, as follows: 
 
Salem, Oregon, April 11, 1872. 
 
 T. B. ODENEAL, 
 
 Superintendent Indian Ajfdirs. 
 
 SIR: At your request 1 put the following recommen 
 dations in writing: 
 
 I would recommend that the permission for captain 
 Jack's band of Modocs to remain where they now are 
 until the question of a new reservation be decided in 
 the vicinity of Tule Lake, given by Mr. Meachain, be 
 withdrawn, and that they be directed to go on the 
 Klamath Reservation, as per treaty of October, 1864. 
 That this order be given some time in the latter part 
 of September, so that in case they refused, the military 
 authorities could put them upon the reservation the 
 following winter the best time for "corraling" 
 them, should they prove refiv-c tory that at least 
 two of their leaders, captain Jack and Black Jim, be 
 removed from them and sent to Siletz, or any other 
 place you might suggest, 
 
 The reasons why I make this recommendation, with 
 reference to the Modocs, is, that where they are now 
 they are very insolent, insulting to families, and the 
 settlers are generally of the opinion that they are 
 dangerous to both life Jiiid property. I do not believe 
 they will live where they now are in peace with the 
 whites any length of time, without the presence of a 
 militarv force sufficiently laru'e -to make them behave 
 
22 
 
 themselves. There is now a force of fifty men and 
 three officers in their immediate country. 
 
 I would propose and strongly recommend, that 
 We-ah-was' band, Oche-hoes' band, the band at 
 Me Dermi t, and the band on the Truckee Reservation, 
 or Pyramid Lake Reservation (official name of the 
 reservation not known by me ), be brought on a 
 reservation on the head waters of the Malheur, or 
 Stein's mountain country. 
 
 I make the above recommendations, after com 
 manding the military districts of Nevada, Owyhee, 
 and district of the Lakes, successively since December 
 of 1867. 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 ( Signed ) ELMER OTIS, 
 
 Major First Cavalry 
 Commanding District of the Lakes. 
 
Xalem, Oreyon, Ajtr'd 11, 1872. 
 
 Major ELMER OTIS, 
 
 Gommandiftg District of the Lakes, 
 
 SIR: I have been relieved by my successor, Hon. T. 
 B. Odeneal, notwithstanding which, however, I still 
 feel an abiding interest in whatever pertains to the 
 welfare of the country and Indians, and do not hesitate 
 to say that your suggestions meet the case exactly, as 
 I understand the case to be to select a reservation 
 either on the Malheur or Stein mountain country, and 
 to consolidate thereon the Harney, McDermit, and 
 Ochehos band of Snakes, and to consolidate and locate 
 the Modocs, with the Wal-pah-pe, at Yainax, thus 
 
 securing peace to the Modoc country. 
 
 - 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 ( Signed ) A. B. MEACHAM, 
 
 Late Supt. Indian Affairs. 
 
 In his report to Generel Canby, bearing date April 
 15, 1872, Colonel Elmer Otis, commander of district 
 of the Lakes, says: 
 
24 
 
 " They ( the Modocs ) signed a treaty in October, 
 1864, to go on the Klamath Reservation. They came 
 on the reservation in the Fall of 1869. A portion of 
 them, with the old chief, still remain, but captain 
 Jack, who signed the treaty in 1864, became dissatis 
 fied soon after coming on the reservation, and in 
 February, 1870, formed a band, numbering now 
 probably sixty warriors, and left the reservation, going 
 to Lost river and Tule Lake. Last fall, superin 
 tendent Meacham promised to allow them to remain 
 where they are until he could see if a small reservation 
 could not be set aside for them on the north end of 
 Tule Lake. These Indians are still in this country, 
 and are insolent and insulting in many instances to 
 the white 1 settlers, and the latter generally deem this 
 band of Modocs unsafe to both life and property. If 
 a military force was present they could probably be 
 removed peaceably to camp Yainax, on Klamath 
 Reservation, and by moving the Piutes now there, 
 would leave them homes and farms for their cultiva 
 tion. I am of the opinion that if left where they now 
 are, it will probably lead to serious outbreak in time." 
 
 DEPARTMENT OF THE INTERIOR. 
 
 Ojf/ice of Indian Affairs, 
 
 \V<i8kin<ftoit. 1). C( April /?, /.v; V. 
 
 SIR: I enclose herewith copies of papers received 
 by this department by reference from the honorable 
 
secretary of war, in reference to the hostile attitude 
 of, and apprehended trouble with, the Modoc tribe of 
 Indians. 
 
 You are instructed to have the Modoc Indians 
 removed, if practicable, to the reservation set apart for 
 them under the treaty concluded with said Indians, 
 October 14, 1864, and, if removed, to see that they 
 are properly protected from the Klamath Indians. 
 
 If they can not be removed to or kept on the 
 reservation, you will report your views as to the 
 practicability of locating them at some other point, 
 and if favorable to such location, you will give a 
 description by natural boundaries, if no other can be 
 given, of the reservation that should be set aside for 
 them. 
 
 Very respectfully. 
 
 Your obedient servant, 
 
 F. A. WALKER, 
 
 C&rnmiesioner, 
 
 T. B. ODENEAL, Esq., 
 
 Superintendent Indian Affairs, Salem, Oregon. 
 
 It being impracticable for the present superinten 
 dent to go in person to the Klamath country, he 
 referred the execution of the foregoing order to L. S. 
 Dyar, United States Indian agent at Klamath 
 
agency, and Ivon I). Applegate, commissary in 
 charge of camp Yainax, on Klamath Reservation; and, 
 on the 16th of May, 1872, they reported that on the 
 14th of the same month they met the chiefs and head 
 men of the Modocs, both those on and off the reserva 
 tion, at the military camp on Lost river ; that they 
 used every argument to induce them to return peace 
 ably to the reservation, telling them that this was the 
 desire of the department ; that such action would 
 insure them all the rights and priviliges now enjoyed 
 by the other Indians on the reservation, and that 
 they should be fully protected against any injustice 
 the Klamaths might be disposed to do them. Captain 
 Jack made substantially the following speech: 
 
 " We are good people, and will not kill or frighten 
 anybody. We want peace and friendship. I arn well 
 known and understood by the people of Yreka, 
 California, and am governed by their advice. I do 
 not want to live upon the reservation, for the Indians 
 there are poorly clothed, suffer from hunger, and even 
 have to leave the reservation sometimes to make a 
 living. We are willing to have whites live in our 
 country, but do not want them to locate on the west 
 side and near the mouth of Lost river, where we 
 have our winter camps. The settlers are continually 
 lying about my people and trying to make trouble. " 
 
 They would not go upon the reservation. In 
 regard to selecting a new reservation for them, Messrs. 
 Dyar and Applegate say : 
 
 "The Modocs, as parties to the treaty of 1864, 
 ceded to the United States the very country over 
 
which they are now roving. Their right being 
 thus extinguished, the country was thrown open to 
 settlement; much of it has been located as State land, 
 and nearly every foot fit for cultivation has been taken 
 up by settlers, whose thousands of horses, cattle and 
 sheep are ranging over it. The country where these 
 Modocs are is a pastoral region, not an agricultural 
 country, and to undertake to maintain them on a 
 small reservation there would probably cost more than 
 to furnish for them and the Klamath's on Klamath 
 Reservation, which is so well fitted by its various 
 resources as a home for them. The white settlers are 
 very much opposed to establishing a new reservation 
 for this band, and their determined opposition would 
 keep up a continual conflict. " 
 
 The papers from the honorable secretary of war, 
 referred to by the honorable commissioner of Indian 
 affairs, in his letter of April 12, 1872, consisted of a 
 petition of settlers and letters written by honorable 
 Jesse Applegate, general Can by, governor Grover, late 
 superintendent Meacham, colonel Otis, and other 
 gentlemen. After a careful examination of all these 
 papers, as well as the report of agent Dyar and 
 commissary Applegate, the superintendent addressed 
 the following letter to the commissioner of Indian 
 affairs : 
 
28 
 
 OFFICE SUPERINTENDENT INDIAN AFFAIRS, 
 
 Salem, Oregon, Jiuie 17, 1872. 
 
 SIR: In answer to your letter of the 12th of April 
 last, enclosing copies of papers from the honorable 
 secretary of war, in reference to the hostile attitude 
 of, and apprehended trouble with, the Modoc Indians, 
 I have the honor to report that, in pursuance of your 
 instructions therein contained, I at once directed 
 agent Dyar, of Klamath agency, and I von D. 
 Applegate, commissary in charge of camp Yainax, to 
 meet the chiefs and head men of said tribe of Indians, 
 and endeavor to persuade them to go upon the 
 Klamath Reservation, authorizing the assurance to be 
 given that they should be fully protected. 
 
 " A counsel was held with said Indians on the 14th 
 ultimo, and the result thereof is contained in the 
 report of Mr. Applegate [approved by Mr. Dyar], a 
 copy of which is herewith enclosed. I referred the 
 matter to the gentlemen named, for the reason that 
 Mr. Applegate has for many years been intimately 
 acquainted with these Indians, speaks their language, 
 and possesses their confidence to an extent equal 
 to any one else. [ See indorsement of Mr. Apple- 
 gate by the settlers in that country, in the petition 
 herewith published. ] 
 
 " The leaders of these Indians are desperadoes 
 brave, daring and reckless and their superior 
 sagacity enables them to exercise full and complete 
 
29 
 
 control over the rest of the tribe. They have for so 
 long a time been permitted to do as they please, that 
 they imagine they are too powerful to be controlled by 
 the government, and that they can, with impunity, 
 defy its authority. This, in my opinion, is the whole 
 secret of their insubordination. They must, in some 
 way, be convinced of their error in this respect, by 
 such firm, decided action, as will leave no doubt in 
 their minds in regard to the fact that we intend that 
 they must be obedient to law and faithful to their 
 treaty obligations. This need not, and with proper 
 management, will not, I think, require the use of 
 force. When they shall have been thus convinced, 
 we can with reasonable hope of success, commence the 
 work of civilizing and transforming them from their 
 present savage state into peaceable, self-controlling and 
 self-supporting men and women. 
 
 " Unless the leaders shall in some way be restrained 
 from pursuing the reckless, defiant course they have 
 heretofore been permitted to pursue, all theories in 
 regard to their advancement in civilization must fail. 
 As well might we expect our own youth to practice 
 Christian virtues under the tutorship of the ' bandits 
 of the Osage, ' or the ' road agents ' of Montana, as to 
 think of instilling any good into the minds of the 
 Modocs while under the exclusive control of their 
 present leaders. 
 
 " I think the most effectual way to bring about a 
 peaceable solution of the troubles, is to take the head 
 men into custody, <uid hold them at some point 
 remote from their tribe until they shall agree to 
 
30 
 
 behave themselvess. We deprive white men of their 
 liberty as a reformatory measure, and it could not be 
 less humane to pursue the same course toward these 
 chiefs. 
 
 " Not long since I had a conversation with major 
 Elmer Otis, who was in command of the troops in the 
 district, including these Indians, in which he expressed 
 the opinion that all trouble with them conld be settled 
 by arresting the leaders, and compelling the others to 
 go upon Klamath Reservation ; but it was his opinion 
 that positive orders should not be given to this effect 
 until about the last of September, so that in case of 
 refusal the military could compel obedience. His 
 opinion, as well as that of Messrs. Applegate and 
 Dyar, and all others from whom I have obtained any 
 information, is that camp Yainax, on Klamath 
 Reservation, is the best place in that whole country 
 for the Modocs ; that they will be as well contented, 
 and as easily kept there as at any other place that 
 could be selected, and I agree with them, and, there 
 fore respectfully report against the propriety of 
 locating them elsewhere." 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 (Signed) T. B. ODENEAL, 
 
 Superintendent, Indian Affairs, Oregon. 
 
 Hon. F. A. WALKER, 
 
 Commissioner, etc., Washington, I). O. 
 
31 
 
 DEPARTMENT OF THE INTERIOR, 
 
 Office of Indian Affairs, 
 Washington, I). C., July 6, 1872. 
 
 SIR: I have received your report, dated the 17th 
 ultimo, enclosing copies of letters from I. D. Applegate, 
 dated the 8th and 16th of May last, in reply to a 
 communication from this office, dated April 12, 1872, 
 relative to the removal of the Modoc Indians to the 
 Klamath Reservation, or the propriety of having a 
 new reservation set apart for them. 
 
 In your report you state that it is the opinion of 
 major Elmer Otis, as well as that of Messrs. Applegate 
 and Dyar, that camp Yainax, on Klamath Reservation, 
 is the best place in that whole country for the Modoc 
 Indians ; that they will be as well contented and as 
 easily kept there, as at any other place that could be 
 selected, and you agree with them in their opinion and 
 report against the propriety of locating them else 
 where. 
 
 You further state that the leaders of the Modoc 
 Indians are desperadoes brave, daring and reckless 
 and defy the authority of the government with 
 impunity, and that it will be necessary to arrest these 
 leaders and convince them of their error before any 
 civilizing influences can be brought to bear upon the 
 tribe. 
 
 Your recommendations, so far as the Modoc Indians 
 are concerned, are approved, and you are directed to 
 
32 
 
 remove them to the Klamath Reservation peaceably 
 if you can, but forcibly if you must, at the time 
 suggested in your report. 
 
 You will exercise your discretion about making 
 arrests of the leaders, avoiding any unnecessary 
 violence or resort to extreme measures. 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 F. A. WALKER, 
 
 Commissioner. 
 
 T. B. ODENEAL, Esq., 
 
 Superintendent Indian Affairs, Salem, Oregon. 
 
 [Copy] 
 
 OFFICE SUPERINTENDENT INDIAN AEFAIRS, 
 
 Salem, Oregon, December 23, 1872, 
 
 SIR: In your letter of the 6th of July last you 
 directed me to remove the Modoc Indians to Klamath 
 Reservation, peaceably if I could, but forciby if I 
 must. 
 
33 
 
 For the purpose of executing this order, I left here 
 on the 20th of November, and arrived at Klamath 
 agency on the 25th of the same month. Learning 
 that captain Jack's band of Modocs was then camped 
 on Lost river, I immediately dispatched messenger 
 James Brown and I. D. Applegate to said camp with 
 the following message : 
 
 " Say to them that I wish to meet the head men at 
 Link river, on the 27th instant, and to talk with 
 them. Impress upon them the importance of meet 
 ing me. Tell them that I entertain none but the 
 most friendly feelings for them, and that the object of 
 the interview sought is to advance their interests and 
 promote their welfare. That I have made ample 
 provisions for their comfortable subsistance at camp 
 Yainax, on Klamath Reservation, and desire to have 
 them go there and receive their proportion of the 
 annuities ; that if they will go with you to the 
 reservation within a reasonable time as soon as 
 they can get ready they shall be fairly and justly 
 dealt with, and fully protected in all their rights 
 against any injustice which other tribes might be 
 disposed to do them. If they agree to go with you, 
 say to them that they need not meet me as requested, 
 and that I will see them at Yainax. In the event 
 they decline to go to the reservation, you will say 
 they must meet me at Link river, as I desire to and 
 must come to a positive understanding with them. " 
 
 On the same day I addressed the following letter 
 to lieutenant colonel Wheaton, commanding the 
 district of the lakes, to wit: 
 
34 
 
 OREGON SUPEBIN TENDENCY, 
 Klamath Agency, November 25, 1872. 
 
 SIR: I am here for the purpose of putting the 
 Modoc Indians upon this reservation, in pursuance of 
 an order from the honorable commissioner of Indian 
 affairs, a copy of which is as follows: "You are 
 directed to remove the Modoc Indians to Klamath 
 Reservation, peaceably if you can, but forcibly if you 
 must. " 
 
 I hrve requested the head men of the tribe to- meet 
 me at Link river on the 27th instant, at which time 
 I shall endeavor to persuade them to return to the 
 reservation. If they shall refuse to come voluntarily, 
 then I shall call upon you for a force sufficient to 
 compel them to do so. They have some eighty well 
 armed warriors, and I would suggest that as large a 
 force be brought to bear against them at once as you 
 can conveniently furnish, in the event it shall be 
 determined that they cannot be removed peaceably. 
 
 Immediately after the conference referred to I will 
 inform you of the result thereof, and in the meantime 
 I have to request that all necessary preliminary 
 arrangements be made for concentrating the forces at 
 your command, and having them ready for active 
 operations. 
 
 Very respectfully, 
 
 Your obedient servant, 
 ( Signed ) T. B. ODENEAL, 
 
 Superintendent Indian Affairs, Oregon. 
 
 Lieutenant Colonel FRANK WHEATON, 
 Commanding District of the Lakes, 
 
 (lamp Warner* Oregon* 
 
35 
 
 My plan was, if they could not be removed peace 
 ably, to bring so large a force against them as to 
 overawe them at once, and thus insure the execution 
 of the order without fighting. 
 
 Lost river is fifty-five miles from Klamath agency 
 twenty three miles from Link river. On the day 
 appointed, in company with agent L. S. Dyer, I went 
 to the place designated for the meeting, and there met 
 the messengers, who reported that they had been to 
 the camp of captain Jack's band of Modocs, and had 
 informed the head men of everything contained in my 
 instructions, and besides had used every argument in 
 their power to persuade them to meet me, or go upon 
 the reservation. That they peremptorily declined to 
 do either. Captain Jack, the head chief, made 
 sudstantially the following speech: 
 
 " Say to the superintendent that we do not wish to 
 see him, or to talk with him. We do not want any 
 white man to tell us what to do. Our friends and 
 counsellors are men in Yreka, California. They tell 
 us to stay where we are, and we intend to do it, and 
 will not go upon the reservation. I am tired of being 
 talked to, and am done with talking. " 
 
 After considering and discussing the matter with 
 agent Dyar and Mr. Applegate, and receiving from 
 them the positive opinion that nothing but the 
 appearance of an armed force at their camp could 
 have any influence whatever upon them, I concluded 
 to call for such force, and accordingly sent Mr. Apple- 
 irate to Fort Klamath with the followin 2; letter, which 
 
36 
 
 I authorized him to deliver to major John Green, 
 commanding that post, and that if* he had not 
 sufficient authority and force to act, to forward the 
 same to colonel Wheaton, to wit: 
 
 OREGON SUPERINTENDENCY, 
 
 Link River, November 27, 1S72. 
 
 SIR: The bearer of this, captain I. D. Applegate, has 
 just returned from the camp of the Modoc Indians, 
 and he informs me that they defiantly decline to meet 
 me at this place, in accordance with my request sent 
 by him. They authorized him to say that they did 
 not desire to see or to talk with me, and that they 
 would not go upon Klamath Keservation. In order, 
 therefore, to carry out the instructions of the 
 honorable commissiener of Indian affairs, I have to 
 request that you furnish a sufficient force to compel 
 said Indians to go to camp Yainax, on Klamath 
 Reservation. 
 
 I transfer the whole matter to your department, 
 without assuming to dictate the course you shall 
 pursue in executing the order aforesaid, trusting, how 
 ever, that you may accomplish the object desired 
 without the shedding of blood, if possible to avoid it. 
 
 If it shall become necessary to use force, then I 
 have to request that you arrest captain Jack, Black 
 Jim, and Scar-faced Charley, and hold them in 
 custody, subject to my orders. 
 
37 
 
 i 
 
 I am informed that these leaders, with only about 
 
 half of their warriors, are camped near the mouth of 
 Lost river, and if the force could be immediately sent 
 to that place I think they might be induced to 
 surrender and come upon the reservation without 
 further trouble. " 
 
 Very respectfully, 
 
 Your obedient servant, 
 
 (Signed ) T. B. ODENEAL, 
 
 Superintendent Indian Affairs, Oregon. 
 
 This letter was addressed to no one on the inside, 
 but was sent to major Green, with instructions to the 
 bearer, Mr. Applegate, to address it to colonel Frank 
 Wheaton, camp Warner, in the event major Green 
 had not authority and force sufficient to enable him to 
 act. He had told me on the 26th that he had orders 
 to act, but I did not learn to what extent. I am 
 informed that my letter was immediately forwarded 
 to colonel Wheaton. 
 
 On the 28th of November, at five o'clock, p. M., a 
 special messenger delivered to me a letter from 
 major Green, a copy of which is as follows: 
 
38 
 
 " HEADQUARTERS, FORT KLAMATH, 
 
 "November 28, 1872. 
 
 " Mr. T. B. ODENEAL, 
 
 "Superintendent Indian Affairs. 
 
 " 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." 
 
 The impression seemed prevalent among military 
 men, and some others, that, on account of the weather 
 and other adverse circumstances surrounding the 
 Indians, that they would surrender and go to the 
 reservation as soon as they saw that there was a 
 probability that troops would be used against them, if 
 they should refuse to go. 
 
 This force was, in my estimation, too small, and 
 as soon as I received major Green's letter I sent James 
 Brown, messenger in this office, in company with a 
 
39 
 
 man named Crawley ( who lived within a quarter of 
 a mile of the camp of the Modocs ), to notify all set 
 tlers, who could be in any danger in the event of an 
 unsuccessful engagement with the Indians, that the 
 cavalry were coming. They notified several families, 
 who went with them to Crawley 's house, 
 arriving there at half-past twelve o'clock that night. 
 Mr. Brown says he knew nothing of other settlers 
 living below Crawley' s ; that there were six men 
 there with him, all well acquainted with the country ; 
 that no one said anything about there being other 
 settlers who might be in danger. Mr. Brown also 
 says that all could have been notified easily before 
 daylight. If this had been done, no one would have 
 been murdered. I state facts only. Feeling con 
 scious that I did everything in my power to avert all 
 danger, and knowing that blaming others can not 
 bring the dead to life, or relieve the anguish of 
 sorrowing friends, I shall offer no words of censure 
 against any one for the sad results. 
 
 Learning that the troops would not come by way of 
 Link river ( where I was ), I, at one o'clock in the 
 morning of the 29th, went to a point on the road 
 which they would pass, some three miles distant, and 
 there gave captain Jackson, at his request, verbal 
 directions substantially as follows: 
 
 " When you arrive at the camp of the Modocs, 
 request an interview with the head men, and say to 
 them that you did not come to fight or to harm them, 
 but to have them go peaceably to camp Yainax, on 
 Klamath Reservation, where ample provision has been 
 
40 
 
 made for their comfortable subsistence, and where by 
 their treaty they agreed to live. Talk kindly but 
 firmly to them, and whatever else you may do, I 
 desire to urge that if there is any fighting, let the 
 Indians be the aggressors ; fire not a gun, except in 
 self-defence, after they have first fired upon you." 
 
 The troops arrived at the camp of the Modocs at 
 seven o'clock in the morning, obtained an interview, 
 and a conversation ensued, lasting some three quarters 
 of an hour. Captain Jackson has since informed me 
 that he repeated to them all I requested him to say, 
 and used every argument he could to induce them to 
 go. All proving ineffectual, he demanded of them to 
 lay down their arms, when one of the leaders 
 Scar-faced Charley with an oath, said he would 
 shoot one officer, and fired at lieutenant Boutelle, 
 who was in front of his men. A general firing 
 commenced at once on both sides. The battle lasted 
 some two hours, when the Indians escaped, but 
 returned again in the afternoon and attacked the 
 troops. 
 
 The murders of citizens were committed by six 
 men and one woman. All can be identified. The 
 matter being in the hands of the military, I have of 
 course exercised no control since the 'battle, further 
 than to suggest that the Indians should be required to 
 surrender, lay down their arms and go to the reser-* 
 vation, and that the murderers be delivered to the 
 civil authorities to be dealt with according to law. I 
 have also suggested that the leaders be taken charge 
 of, and held subject to further orders. 
 
41 
 
 The military purpose pursuing until they capture 
 them. I believe this the only safe way to do. 
 Should the troops return to their posts, the Indians 
 would regard it as a defeat of the government, their 
 insolence and defiance would become still more 
 intolerable, and a general warfare might be waged 
 until every settler in that region would be murdered. 
 Other Indians, now peaceable, seeing their success, 
 would hasten to join them, and the result would be 
 the most gigantic Indian war of modern times. * * 
 
 Indians should be dealt with kindly and humanely, 
 but more as if they were children than men, until 
 they can be educated in the ways and habits of 
 civilized life. The government should faithfully 
 perform all its promises, and as a father enforces his 
 rules and mandates, so should they be made to fulfill 
 their promises and argreements. Believing, as I ever 
 have, that many acts of injustice have, in the past, 
 been committed against them by representatives of 
 the government, as well as by individual white men, 
 my sympathies are enlisted in their favor when I see 
 any attempt made to invade or trample upon their 
 rights. I can make due allowance for the ignorance 
 which their habits, condition, and want of opportunity 
 to become enlightened, has entailed upon them. But 
 there are exceptions to all rules. A majority of the 
 Modocs have for years been residing upon the reser 
 vation, and demeaning themselves properly, while 
 captain Jack, disregarding the counsel of the head 
 chief, Scon-chin, has persisted in roaming whither 
 soever he pleased, taking as many others with him as 
 
42 
 
 he could persuade to go. No injustice has ever 
 been done these Modocs that I am aware of, 
 though they have been bad Indians in the past, 
 having murdered helpless emigrants passing through 
 their country by the score. Captain Jack and the 
 other leaders of his band are not educated in books, 
 but for natural common sense they are not much 
 inferior to ordinary white men. They are schooled in 
 all the vices of our race, and have no apparent desire 
 for any other kind of knowledge. It is not ignorance 
 which impels them to pursue the course they do. 
 They know better, but not unlike many white men, 
 are destitute of all moral principle, and have no 
 respect for the rights of others. There are enough of 
 them to demoralize all the Indians in that part of the 
 State, and I believe that to subdue them now, is 
 not only the most merciful and christianlike, but the 
 only safe way to deal with them. For eight years 
 they have been permitted to baffle and defy the 
 government in the course desired to be pursued for 
 their benefit, until mariy Indians on the reservation, 
 familiar with their conduct, were becoming discon 
 tented, and soon would have fled from the 
 restraints, as they consider them, connected with 
 living at an agency. The good of all the Indians in" 
 that part of the State demanded that your order be 
 executed without further delay. I tried to carry out 
 your instructions peaceably. Persuasive measures 
 proved fruitless. The military tried to effect the 
 object desired, by both argument and intimidation. 
 All failed. The Indians commenced hostilities, and 
 now, I think, no terms should be made with the band 
 
43 
 
 which could interfere with afterwards arresting and 
 removing the leaders, and the trial of the murderers. 
 
 Since you first ordered these Indians to be removed, I 
 have received many letters from citizens,some addressed 
 to me, and some by reference from the governor, com 
 plaining of captain Jack's band, and asking for relief. 
 They were becoming more insolent every day. When 
 they wanted a barrel of flour or a beef, they would go and 
 demand it of the nearest settler, who, being afraid to 
 refuse, gave them whatever they called for. A dozen 
 or more would go into a house, demand their break 
 fast, dinner, or supper, and the frightened women, not 
 daring to refuse, would prepare the meal for them 
 while they lounged around on the beds, or sat and 
 smoked by the fire. The land had been taken under 
 the homestead and pre-emption laws, yet the Indians 
 claimed it, and would demand hay and grain as rent. 
 
 T. B. ODENEAL, 
 Superintendent Indian Affairs. 
 
 t 
 Honorable Commissioner Indian Affairs, 
 
 Washington, D. C. 
 
44 
 
 Extracts from monthly report of L. S. Dyar, United 
 States Indian agent, for month of November, 1872, 
 to honorable commissioner Indian affairs: 
 
 It is well known that the Modocs, by treaty 
 stipulations, belong on this reservation, and were 
 formerly here, and also that some years ago they ran 
 away, und have since constantly refused to return, 
 setting at defiance the authority of the government. 
 It is also understood that the commissioner of Indian 
 affairs, upon the recommendation of colonel Otis, I. 
 D. Applegate, commissary in charge at Yainax, myselt, 
 and perhaps superintendent Odeneal, authorized the 
 superintendent to remove captain Jack's band of 
 Modocs to this reservation, "peaceably if he could, 
 forcibly if he must," and the month of October was 
 the time fixed for their removal. But upon advice, of 
 those best acquainted with the "situation, " and very 
 wisely too, I think, it was deferred until winter 
 should set in. 
 
 On the 25th of November superintendent Odeneal 
 sent Mr. I. D. Applegate, a man intimately acquainted 
 with Indian character, and Mr. James Brown, depart 
 ment messenger, from Linkville to the camp of the 
 Modocs, at the mouth of Lost river, with instructions 
 to see captain Jack, and the leading men, and tell 
 them that the superintendent wished them to meet 
 him at Link river, about twenty miles from their 
 camp, on the 28th, or, if they would not meet him 
 there, to come upon the reservation, and he would see 
 
45 
 
 them here ; that ample provision had been made for 
 their subsistance and comfort. Mr. Odeneal then 
 came on to the agency, arriving here on the evening 
 of the 25th, and on the 27th I went with him to Link 
 river, to meet the Indians on the 28th, should they 
 consent to come. On the way to Link river we met 
 Mr. Applegate returning from the Modoc camp, and 
 he reported that captain Jack refused to meet Mr. 
 Odeneal at Link river ; that he did not wish to see 
 the superintendent ; that he had done talking ; that 
 he was advised by his friends, white men in Yreka, to 
 stay where he was, and that he would not go on the 
 reservation. 
 
 On reaching Linkville, Mr. Odeneal immediately 
 sent a messenger to major Green, at Fort Klamath, 
 with a dispatch stating these facts, and turning the 
 matter over to the military, instructing them to bring 
 captain Jack's band upon the reservation, and to do so 
 peacably if possible, but to bring them. Major Green, 
 believing that if taken by surprise they would 
 probably not resist, immediately dispatched captain 
 Jackson with about thirty-five mounted men at noon 
 of the 28th, and by marching all night, a distance of 
 fifty-five miles, the detachment reached the main 
 Modoc camp, about day break the next morning. The 
 surprise was complete. Before the Indians were aware 
 of their approach the soldiers were in their camp. 
 Major Jackson immediately called for captain Jack to 
 come out and talk, telling the Indians at the same 
 time that he did not come to fight them, but he wanted 
 them to "lay down their arms and be quiet," and 
 "they should not be hurt. " * * * 
 
46 
 
 They thus continued talking to the Indians for 
 twenty or thirty minutes, and it seemed that they 
 had not decided to fight, until Scar-faced Charley, a 
 leading desperado, who had meantime gone into his 
 hut and painted his face, and dressed up in war 
 costume, came out with his gun, in defiant manner, 
 and,, when ordered by captain Jackson to lay it down, 
 refused. Captain Jackson then ordered lieutenant 
 Boutelle to take four men and disarm him. Charley 
 deliberately raised his gun and fired at the lieutenant, 
 who instantly returned the fire, and then the fight 
 commenced. There were about fifteen or twenty 
 warriors in the camp, and they were soon driven to 
 the brush, where they had the advantage of a cover, 
 but after fighting for some time they were driven 
 away with a loss of four or five killed, rnd several 
 wounded, among whom was Black Jim, one of the 
 leaders. None of the leaders were killed, although it 
 was so reported at first. 
 
 During the fight, or immediately after, a party of 
 six Indians started down the lake, murdering the 
 helpless settlers who were entirely ignorant of any 
 movements of the military, and thirteen men and 
 boys were killed. The women were allowed to escape. 
 On learning that the soldiers were moving, Mr. 
 Odeneal dispatched two men to warn these settlers, 
 one of whom lived near the scene of the fight, and 
 was well acquainted with the whole country, but they 
 went no further than his own place, leaving all those 
 below unapprised of danger. This accouuts for the 
 terrible massacre. ****** 
 
47 
 
 Some friendly Indians, who were present while Mr. 
 Odeneal's messengers were talking to the Modocs, 
 state that Scar-faced Charley and some others were 
 in favor of killing the messengers, but captain Jack 
 disapproved of it, saying that Mr. Odeneal might 
 come himself in a few days. Had Mr. Odeneal gone 
 to the camp I have but little doubt he would have 
 been killed. 
 
 I think the whole course of the superintendent the 
 wisest that could be adopted. 
 
 L. S. DYAR, 
 United States Indian Agent. 
 
APPENDIX. 
 
 As a sequel to the above official history, the following statement of 
 the findings of the peace commission is appended: 
 
 FAIRCHILD'S, HEADQUARTERS PEACE COMMISSION, 
 California, March 6, 1873. 
 
 EDITORS BULLETIN: As the peace commission probably closes its 
 labors at this date, it seems proper to give through you to the public an 
 account of the manner in which it has discharged its duties. "W.hile 
 awaiting the tedious delays of negotiation, the reasons for its acts have 
 been embodied in the form of reports to the Indian department; but, as the 
 Hon. A. B. Meacham, Chairman of the commission, will report in person 
 at Washingon, the formal written reports maybe dispensed with. These 
 reports were prepared and submitted to the commission ( after Judge 
 Koseborough was added to it) and to general Canbyfor their examination. 
 They were approved without conflicting sentiment, except as regards 
 jurisdiction, general Canby being of opinion that the Indians, surrrender- 
 ing themselves as prisoners of war, would be exempt from process and 
 trial in either Oregon or California, andlhat the protection promised 
 them by the commission might be assured to them, if the terms of sur 
 render were approved by the federal government. Judge Koseborough 
 dissents from the legal view of the case, but thinks neither state would 
 assert its rights to punish the murderers, if satisfied they would be removed 
 to some distant point beyond the limits of those states never to return t 
 
 I send you two reports, not formally adopted or sent as such to Washing 
 ton, but as representing the conclusions of the commission, and a brief 
 statement of some of the reasons upon which their conclusions are based. 
 I will, in a few days, send you a third paper, which, in the form of a 
 journal or narrative, will give a history of the negotiations with the 
 Indians up to their close, and consequent dissolution of the commission. 
 
 Very respectfully, 
 
 JESSE APPLEGATE 
 
50 
 
 HEADQUARTEKS MODOC PEACE COMMISSION, 
 
 FAIRCHILD'S KANCH, California, Feb. 22, 1873. 
 
 To HON. H. E. CLUM, 
 
 Acting Commissioner of Indian Affairs, Washington, D. C. 
 
 SIR: The undersigned, the special commmission u to inquire into the 
 troubles with the Modoc Indians," have had the subject under considera 
 tion, and, promising that it will again return to the subject should 
 further developments make it necessary, would respectfully make a par 
 tial report in answer to that part of your instructions embraced in the 
 following words, to wit: "The objects to be attained by the commis 
 sion are these: First, to ascertain the causes which have led to the difficul 
 ties and hostilities between the United States troops and the Modocs." 
 
 This, the first part of our duties, being an examination into the events 
 of the past, now beyond change, and being useful only as it will enable 
 us to apply the proper remedies for a the future, we have thought it best to 
 make a report of the facts now known to us, so that the department 
 may give us its further instructions in regard to the more important 
 branch of our duties, viz: u To devise the most effective and judicious 
 measures for preventing the continuance of these hostilities, and for the 
 restoration of peace." 
 
 The conclusions arrived at in regard to the troubles are, 
 
 First, Dissatisfaction of the Indians with the Klamath Reservation 
 as a place of residence, owing mainly to the domination of the Klamath 
 Indians on that agency. 
 
 Second, To the assertion of their right to a country which they have 
 conveyed by treaty to the United States (of October, 1864), and which 
 is now occupied by settlers under the preference laws of congress. 
 
 Third, To their persistent determination to reside in and roam over, 
 at will, the country once belonging to them, and their refusal to abandon 
 or abate these pretentious, though frequently urged to do so by the 
 Indian department 
 
 Fourth, That the Indians, by the assertion of the rights of owner 
 ship over the Lost River Basin, and treating as tenants the white settlers 
 therein, would inevitably lead to a collision between the races. 
 
 Fifth, A collision being emminent, superintendent Odeneal, after 
 exhausting all peaceable means of removing the Indians to the reserva 
 tion where they had agreed to reside, rightfully and properly turned 
 over the execution of the orders of the Indian department to the mili 
 tary arm of the government. 
 
 Sixth, Though the force at the disposal of colonel Green, in command 
 at Fort Klamath, proved inadequate to execute the order of the Indian 
 department at Washington, it is our opinion that, in the prompt action 
 
51 
 
 of that officer, was the only hope of effecting the arrest of the contuma 
 cious Indians; for, by the necessary delay and unavoidable publicity of 
 collecting the disposable forces at the neighboring posts, opportunity 
 would have been given for the Indians to be informed of the intended 
 movement, ar.d its purpose defeated by their withdrawal to their inac- 
 cessable fastnesses in the rocks. 
 
 The facts upon which the foregoing conclusions are based are briefly 
 as follows: 
 
 Though the Klamath and Modoc countries adjoin, the tribes speak the 
 same language and doubtless have a common origin. Bitter feuds have 
 existed and still exist between them. The Klamath Reservation is located 
 exclusively in the Klamath country. To remove the Modocs to it was 
 a measure repugnant to both people, and was probably a mistake cer 
 tainly the most difficult article to negotiate in the treaty with the Modocs. 
 It. further seems, from the facts, that the Klamath being the stronger 
 tribe, though committing no serious depredations upon their ancient 
 enemies, were arrogant and sometimes oppressive; at least enough so to 
 make the stay of the Modocs at the same agency very uncomfortable, 
 and since the Yainax station was established on the same Reservation, 
 forty-five miles eastward of the Klamath agency, the chief, Schon-chin,. 
 and the other Modocs faithful to the stipulations of the treaty of Octo 
 ber, 1864, have, at their request, resided at that station. 
 
 Beside the wrongs inflicted upon them by the Klamaths, captain Jack 
 and his band have complained of ill-treatment from the agents in charge 
 at Klamath. If this complaint be well founded, we are satisfied that the 
 fault lies in the stipulations of the treaty, not in their execution by the 
 agents and employees of the department. If insufficient^ the distribu 
 tions of food and clothing have been impartial. No indulgencies have 
 been allowed to one tribe or band of Indians not extended in equal terms 
 to all; and while the Klamaths, Snakes and Schon-chin' s band of 
 Modocs have been content, or at least have borne their grievances with 
 patience, captian Jack and his followers alone have found cause to justify 
 a refusal to perform their treaty stipulations and deny their binding force 
 upon them. 
 
 From the denial of the binding force of the treaty of October 14, 1864, 
 by the Modocs, has grown all the difficulties, troubles, and lastly blood 
 shed, between the whites and these savages. Mistaking the mercy and 
 forbearance of the government for a baser passion, these people, from 
 long impunity, have become continually more bold and aggressive; and 
 to the credit of the settlers it must be said, that while the Indians can 
 not point to x single wrong at their hands, they have borne the wrongs 
 and indignities heaped upon them with more tnan the usual ptience and 
 forbearance of a frontier people. 
 
 Besides the facts set forth in petitions numerously signed and addressed 
 to different authoities from whom the citizens hoped for redress, many 
 
52 
 
 individual cases have been brought to the knowledge of the commis 
 sioners, which leave no doubt of the increasing aggressions of the 
 Indians upon the unresisting settlers, and that the Modocs not only pre 
 scribed the terms upon which they would permit settlements on Lost 
 Rher and Rhett 'Lake, but in all other parts of the Modoc Basin. 
 
 To such an extent had the impudence and exactions of these usurping 
 lords of the soil been carried, that in the fall of 1872 the settlers, dis- 
 pairing of protection from the federal or state government, were band 
 ing together for self-protection; for there is every reason to believe that 
 the first detected theft or burglary would have been followed with the 
 summary punishment of the perpetrators, and the country involved in all 
 the horrors of an Indian war. 
 
 The commission is aware that, in expressing an opinion of the /pro* 
 priety or impropriety of a military measure, it is probably extending its 
 inquiries beyond its legitimate sphere and may seem to trench upon the 
 prerogatives of the military, but each step, in this melancholly affair, is 
 so intimately connected with every other that it seems the report of the 
 commission, on this part of their inquiries, would be incomplete if this 
 final document was omitted. Advice had been given to these Indians 
 by white men, to evade if not resist the authority of the Indian depart 
 ment, and an individual (now no more) was under promise to warn them 
 of the approach of the soldiers, should military force be resorted to. 
 Hence, it was well known to the Indian department and colonel Green 
 that a military force would fail to arrest the Indians, if they were 
 advised of the time of its coming. The unfortunate man who did not 
 know of, but had promised to inform the Indians of the coming of the 
 soldiers, was murdered with the rest of the unoffending settlers 
 another example, if more were wanting, to show that gratitude is not 
 a prominent virtue of the savage. 
 
 FAIRCHILD'S RANCH, February 25th, 18 73. 
 
 To the HON. H. R. CLUM, Acting Commissioner, etc. 
 
 The special commission to inquire into, and bring to a close the Modoc 
 war, in reply to the second clause of its instructions, "To devise the 
 most effective and judicious measures for preventing the continuance of 
 these hostilities, and for the restoration of peace, " have to say: 
 
 First, That in any settlement of the present hostilities with the 
 Modocs, either to return them to the Klamath Reservation, or set apart 
 
53 
 
 for them a new reservation on Lost River, or in any other place in this 
 vicinity, is now inadmissable. 
 
 Second, A peace, on the hasis of general amnesty, will bring the 
 jurisdiction of the federal and state governments in conflict, and set an 
 example or precedent calculated to demoralize and discontent the 
 Indians on the reservations greatly dissatisfy the friends and neigh 
 bors of the murdered citizens, and lead speedily to Indian wars far 
 more extensive and bloody than the one now waged with the Modocs. 
 
 Third, The commission further think that the peace most to the 
 interest of both whites and Indians can only be secured by the removal 
 of the Indians to some distant reservation, where the irritations growing 
 out of the late and former conflicts between the races will not be revived 
 by the immediate presence of the combatants, on the field of conflict. 
 
 Fourth, That the eight men indicted by the grand jury of Jackson 
 county, Oregon } should be surrendered to the civil authorities of 
 Oregon, should they be demanded, and it should be the duty of the 
 government to assign them counsel for their defense, and see they have a 
 fair and impartial trial, and protection from all lawless violence. 
 
 Fifth, Should the terms the commission propose to the Modocs be 
 accepted by them, they should immediately be removed to some 
 military post other than Fort Klamath, where they should be cared for, 
 and kept under surveillance by the government, until their final destina 
 tion shall be determined on. 
 
 The facts leading the commission to the foregoing conclusions are: 
 First, Before the late collision it might have been practicable to have 
 assigned to captain Jack's band of Modocs a reservation on Lost River, 
 and a majority of the members of the commission favored (one of them 
 officially) such a measure, but by the annoyance and misconduct of the 
 Indians themselves toward settlers in all parts of the Modoc Basin, as 
 well as that part asked for by them as a reservation, had made such a 
 concession impolitic even before the late unfortunate collision. The 
 bitterness engendered since that time renders the naming of such a 
 measure as one of peace, an absurdity. 
 
 To send these renegades back to the Klamath Reservation, to be kept at 
 either Klamath or Yainax, is also out of the question. One of the 
 excuses of captain Jack for violating his treaty stipulations is, that he 
 could not live in peace and amity with the Klamaths, and that they used 
 their superior strength to oppress his people. With much more justice 
 can he now urge this objection, for, since the outbreak, not only a band of 
 Klamath Indians from Klamath agency, but loyal Modocs from Yainax, 
 have also acted with the troops against him. It might be a deserved 
 punishment to send captain Jack's band to the rigorous climate of the 
 Klamath Reservation, but it would be a deep and undeserved insult to a 
 faithful and loyal people to make their country a kind of penal colony 
 
54 
 
 for thieves and brigands, with whom they are to live hereafter on terms 
 of equality; and, in this latter objection, will be found a serious difficulty 
 in locating the Modocs on any reservation now established. No agent, 
 whose charge is over a peaceful and harmonious people, would care to 
 admit them, nor will the people themselves be willing to receive such an 
 element of vice and discord in their midst. 
 
 The reasons for the second conclusion of the commission necessarily 
 requires a statement of the law as well as the iacts of the case. The 
 Modocs ceded their country in the most formal and absolute manner to 
 the United States, on the 14th of October, 1864. After the ratification of 
 the treaty by the senate, the whole Modoc tribe went and took up their 
 abode on the reservation agreed upon in the treaty. Superintendent 
 Meaoham, with his own hands, distributed to them more than the due 
 proportion of goods to which they were entitled by treaty. All remained 
 and were fed at the expense of the government until the fishing season of 
 the following spring, when captain Jack's band left the reservation 
 without leave and has never returned to it, seeking by legal advice and 
 every other way to evade or escape the performance of his part of the 
 treaty, after having enjoyed its advantages. Three several times 
 persons were sent to these people, urging them to return to their duty, 
 and to keep their promises, ample protection from the Klamaths, and 
 redress of their grievances being at each time promised them, but without 
 avail. At one time the superintendent of Indian affairs for Oregon, in 
 his earnest desire to maintain the peace, even proposed to the Indian 
 department to set off these discontented people a reservation where they 
 desired it, but his request was not granted. Perhaps, before the proposi 
 tion was considered at "Washington, these people, in disregard of their 
 promises of good behavior, became more than ever aggressive toward 
 the settlers, and increased their demands upon the government. 
 
 After the treaty of 1864, the government extended the public surveys 
 over the country purchased of the Modocs. As usual, settlers followed, 
 and even preceded the public surveys, and scattered themselves over a 
 pastoral country too remote from each other to render mutual 
 assistance. "While the Indian department was seeking to ascertain their 
 grievances, and seeking to redress them when found, these people were 
 roving in bands over the country, claiming the whole of it as their own, 
 insulting the settlers, breaking into their houses, and enforcing their 
 demands upon them by intimidation. To put an end to this state of 
 things, superintendent Odeneal, under an order from the department at 
 Washington, dated July 6, 1872, to put these people back upon the 
 reservation "peaceably if possible, forcibly if necessary, " repaired 
 in person to Linkville, the nearest point to the residence of the Indians, 
 where supplies and accommodations could be had, and invited them to 
 meet him there and make a tree and full statement of their grievances 
 
55 
 
 and wants, promising them ample redress. This last overture of the 
 superintendent was not only refused, but refused with insult, even after 
 this order was turned over to be executed by the military. The orders 
 of colonel Green to major Jackson, in command of the force detailed to 
 execute the order, directed him by no means to use force until more 
 peaceful means were exhausted; and even then not to fire upon the 
 Indians until they first fired upon him. The report of major Jackson 
 shows that he executed his orders to the letter. 
 
 Under the auspices of superintendent Odeneal, some volunteer citizens 
 were raised at Linkvillee and rendezvoused at Lone Pine, about ten 
 miles north of the Indian village, to join themselves to major Jackson's 
 command and co-operate with it. 
 
 Major Jackson, thinking his command too small to divide, marched 
 his whole force upon the village on the west side of Lost Kiver, while 
 the citizens, thirteen in number, were to be on the east side of the river 
 simultaneously with the arrival of troops on the west. Unfortunately, 
 this force was inadequate to the service assigned it. Had it been suffi 
 cient to disarm the Indians encamped on the east side and prevent others 
 from crossing, none would have fallen on either side except those partici 
 pating in the struggle itself, which would have removed the most difficult 
 complication of this unfortunate affair and made its settlement much 
 easier. 
 
 Though the firing had commenced on the west before any hostile act 
 was committed by either party east of the river, and the Indians were 
 first to commence hostilities John Thurber, a citizen, being shot and 
 killed while in the friendly act of shaking hands yet the Indians claim 
 the citizens made the attack upon them because a woman and two 
 children were killed in the melee. They plead this in justification of the 
 murder of many citizens, neither present nor knowing of any contem 
 plated movement of troops likely to lead to hostilities with the Modocs. 
 Even if all claimed by the Indians be true ( and we have the assertions of 
 several white men to the contrary ), as such a plea could not be offered 
 in extenuation of crimes so diabolical, if committed by a white man, it 
 cannot justify Indians, to this extent quite as intelligent. But as the 
 perpetrators were of a despised race, toward whom a deep prejudice 
 exists in the community, the government should see that these men, 
 against whom indictments have been found in Jackson county, if tried 
 at all, should have able counsel and every other assistance to secure to 
 them a fair and impartial trial the Indians having treaty relations with 
 the government and absent from their reservation, without leave of their 
 agent, and committing a series of murders, robberies and burglaries on 
 peaceful, unoffending citizens within the limits of an organized county 
 and the jurisdiction of an independent state. The federal government 
 can not lawfully shield these malefactors from answering for their crimes 
 
56 
 
 to the authorities of the state, nor should it do so. Amnesty to such 
 offenders would be the worst possible policy, and fatal to the peace of the 
 frontier settlements, and a serious check upon the spread of a civilized 
 population over the yet unsubdued regions of the west. 
 
 By the whites, such conduct would be construed into a denial by the 
 federal government of that protction to life and property to the 
 frontier settler to which every citizens of the United States, wherever he 
 may lawfully be, both at home and abroad, is entitled. The Indian 
 construction would be even more erroneous and mischievous. His ruling 
 motives spring from interest and fear, and he, like others, arrives at 
 the motives of others by comparing them with his own. The magnani 
 mity of the government is by him mistaken for fear. So long as a 
 perverted sympathy and mawkish sentimentality elevates an Indian 
 murderer into a hero, great according to the greatness and atrocity of his 
 crimes, and the representatives of the government bestow more attention 
 and respect upon its enemies than its friends, and the shortest road to 
 its notice and favor is by shedding innocent blood, we will not soon see 
 an end of Indian atrocities, nor the government, without frequent oppor 
 tunity to exercise a mischievous lenity calculated to encourage crime at 
 the expense of innocence. 
 
 The remaining conclusions, of the commission, being sequents of those 
 
 already explained, need no extended explanation. Should the state of 
 
 - Oregon demand for trial those accused of the murder of its citizens, as 
 
 wards of the government, the government is, in duty bounnd, to see that 
 
 their trial shall be fair and impartial, and according to law. 
 
 The details necessary to carry into effect the foregoing conclusions, and 
 to provide for the future of these Indians, the commission consider 
 beyond the scope of their duties to recommend.