State of Oregon
    Executive Office
        Salem, February 10, 1873.

L. G. GROVER
    Governor of Oregon.

Yreka Cal. Feby. 16 1873
    8:15 a.m.

A. B. Meacham
    Commissioner

Yreka Cal. Feb. 16th 1873

Sir,

Very respectfully
    Your obt. svt.
        A. B. Meacham
            Commissioner

An open letter to Gov. Grover.

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




    At your request, I subjoin a brief statement of my recollection, knowledge and intercourse with the Indians since my leaving the East in the spring of 1850. Crossing the plains that summer, whilst suffering much with other emigrants by short feed for my stock and loss of supplies in our train, I had no trouble with the Indians. Others did, but I saw or thought a cause with themselves, or with some that had shortly preceded them for it.
    On the south fork of the Humboldt, I, with a Mr. Smith, since dead, went into a large village of Shoshones, to look for a mule belonging to a sick man, lying upon the plains. After considerable parley they allowed us to examine their stock, but we found none to answer the description of the one wanted. We found stolen cattle, taken from a train ten days before, but they claimed the owners of the train had commenced the aggression, and that they had these in retaliation. They treated us well and frankly, and we returned to our train in the evening. This was the only incident within my personal observation whilst crossing the plains.
    On arriving at California, I located in the mines near Shasta City, where I worked with the pick and shovel until January 1851, where with Genl. Joe Lane I came to Scotts Bar, in this county, where I arrived in February of that year.
    At the foot of Scott Valley we found a numerous tribe of Indians who were friendly and came into camp, and among the rest a young Indian of fine appearance, the brother to the chief we named "Jim." These Indians had a custom of wearing beads & ornaments in their nose. A young man of the train had a brass padlock, which, unbeknown to others of us, he locked into the nose of this young Indian in the next evening, who considered it a fine present.
    The next morning he came into camp, his nose much swollen & unable to relieve himself of the ornament. He applied to his supposed friend for relief without success, when, my attention being attracted to the matter, I compelled his release, which attached him and his tribe to me until this day.
    Shortly after that, with a Mr. James McCummings, now living, I think, in Northern Illinois, and another man whose name I have forgotten, I went on a prospecting tour via Shasta Butte to the western confines of the Modoc country. We passed unmolested through the Shasta Indians, there very numerous, & into the Modoc country, and thence back to Yreka. This was in March 1851. The term Shasta is, I think, attached to this tribe from their residence in the so-called Shasta Valley, as Scotts River, Rogue River &c., is the distinguishing term for those living in those valleys.
    When I first came here the Indians inhabiting the lower end of Scotts Valley, thence to and up the Klamath River to the eastern line of Shasta Valley, the Shasta, the Yreka and the Rogue River Indians, all talked one language and claimed to have been formerly under one chief, but were then subdivided into quite a number of tribes, the Scotts Rivers under Chief "John" (as we called him), the Yreka Indians under "Tolo," the Shastas under "Scarface," the Siskiyou Mountain Indians under "Joe and Sam."
    These names were all given to them by the whites. Tipsu Tyee and the Rogue River Indians under "Joe and Sam."
    The Klamath Indians, then known as La Lakes, inhabiting that district of country around Big Klamath River Lake & north of Klamath River and west of Link River, talked a language peculiar to themselves, and also understood the jargon. The Modocs, inhabiting the country south of Little Klamath Lake and around Tule Lake, east of Goose Nest Mountain and west of Goose Lake, also conversed in a language peculiar to themselves, and knew but little of the jargon.
    Those of the Upper Scotts River and the forks of the Salmon River, yet another language, those of Trinity River and Upper Sacramento yet another. This last tribe were more of the Digger in form and appearance, were very thieving in their disposition, and would commit murder for plunder when they could come upon one by stealth. Many of our people suffered in life and property from them, although by watchfulness I passed very frequently through their country unharmed.
    They inhabited, in addition to Trinity and Sacramento Canon, a portion of McLeod or Loud River and Lower Pit River, and were as miserable a set of Indians as I ever saw. In June 1851, the man that went out with Mr. McCummings and myself organized on Scotts Bar a company to go to the Modoc country for horses, and took from these Indians, as near as I now recollect, sixty head, and as it was reported--but of that I have personal knowledge--some children, which they gave to their friends for servants. In the spring of 1852, whilst I was in the lower country, a difficulty arose between the Indians of Lower Scotts Valley and the settlers on account of the murder of a white man from Scotts Bar by Indians on Indian Creek, a tributary of Scotts River. A company was organized, and a fight ensued in which Capt. Whipple, now of the regular army, received a serious wound in the side. I happened to return home at that juncture, and in passing down Scotts Valley alone I found the Indians in great commotion and, upon inquiry of them as to the cause, hearing their version, told "Tolo," Chief John and others to come to me at Johnson's the next morning for a talk. Getting to Johnson's, I found it surrounded by a stockade, and all the inmates in great fear and also in wonderment at my coming through the Indians unharmed. The next morning, agreeable to appointment, the Indians came in, claimed that it was none of their Indians that committed the murder, but a couple of young men from Rogue River, then stopping with the Shastas. They then gave me as hostages Tolo, Jim and another Indian, who were to go with a company I should raise to capture the murderers, or on failure to be dealt with as I should say was right. With our Indian prisoners or hostages we came to Yreka, where we found the people under great fear and excitement, and it was with difficulty that we could prevent an excited mob from taking our Indians and hanging them. Next morning, with the addition of a few more of my friends at Yreka with our Indians, we followed in the chase. Proceeding to the canon of the Shasta River, we found all of the Indians of that branch of the tribe under great fear and after much difficulty, by sending Tolo out as a runner, we got them together on this occasion. A powerful spyglass of which I had, & of which then they had no knowledge, by which I could see their Indians on the hills far off, had a wonderful influence on their superstition and aided in their control. We remained with them all night and during the talk learned that they had driven [the] Indians out that had committed the offense for fear of bringing trouble upon themselves, and that the aggressors had gone to Rogue River. These Indians proposed to exchange two of their Indians, whom they said were acquainted with the passes of that country, for the ones we had, and we to continue the pursuit. Some of our men thought it was mere pretext to evade the responsibility, but a few of us, ten in all (one of the number being another Indian), resolved to accept their proposition. Frank Merrit (now with McConnell and Mr. McManus of Yreka), Dr. Thompson (I think now in the employ of some of the Departments at Washington, D.C., at least he was five years ago), and General James Bruce of Oregon, are all that I now know the existence of that [experienced the] event with me. We received two bright, active Indians whom we named Tom & Jack and released our other hostages and proceeded on our way to Rogue River.
    On crossing the Klamath River we learned that the whole Rogue River country was in arms on account of a demand made by Old Chief Joe of a white girl for a squaw for his son, and of his threats if the demand was not complied with. On arriving near the foot of the Siskiyou Mountain we met an Indian of that tribe coming over as a messenger to the Shastas to persuade them to join the Rogue River Indians in extermination upon the whites. As we came upon him before he saw us, we readily surrounded him and asked an explanation of his visit (which was unusual) and the meaning of his hostile attitude. He refused to talk, when I ordered him to give up his arms and go back with us to his tribe and the Indian agency at Rogue River, which he refused to do, I then told Mr. Galvin (now dead), a powerful young man, to take from him his weapons and tie his hands that we might take him back. Upon Mr. Galvin undertaking to do so the Indian wrested a pistol from Galvin and turned and shot at me, cutting the mane of my horse's neck, and then fled. He went but a short distance when a bullet sent him home. On arriving at Cole's, a short distance above, we found two men that were unarmed that this Indian had forced to march ahead of him until they came in sight of Cole's house, when the Indian passed around by a circuitous route and left them. We then continued our journey over the mountains in the night and early in the morning discovered an Indian on the trail, whom we took prisoner and kept with us. On arriving at the Mountain House on the Rogue River side we met some gentlemen on the way to Yreka for aid, and notwithstanding we had ridden all night, at their request we pushed on to the Big Bar, on Rogue River, where it was said the Indians had congregated. Shortly before reaching our destination we met the Indian agent, Judge Skinner, who asked us to pass on and camp at the river until he could come back next morning in the hopes of adjusting the matter. On our passage from thence to the river we met one of Joe or Sam's sons, I do not justly know which, heavily armed, passing out toward the other tribe. We took him prisoner and held him as a hostage with the other prisoner. On the next day the agent made his appearance. In the meantime one of our Shasta hostages had espied across the river the two Indians that we were looking for. We found at this point about one hundred & fifty citizens of Rogue River on one side and between two and three hundred Indians, all well armed with guns, on the other side of the river. After a long parley, in which we demanded the two Indians we were after in place of our prisoners, the agent ordered me to give up my prisoners and all of the white men to stack their guns fifty paces back & allow the Indians to come into council with their arms in their hands. This order I repulsed for our company to comply with. The Rogue River people stacked their guns, and a large number of Indians came over and were disposed to dictate all the terms of settlement. In a short time it was discovered that they were sheltering themselves within the range of their guns, whereupon the others on our side resumed their weapons, and in a short time the Rogue River company divided, one division to go on upper crossing and the other to a lower crossing, whilst our company should engage the Indians at that point. As the other companies left, leaving our small company, now increased by three or four from Jacksonville, among whom was Mr. Wm. Burgess, now of Nevada, the Indians assumed a hostile attitude and the fight commenced, we killing thirteen of them and losing one man, wounded, of which he afterward died. We charged so rapidly on the Indians that they broke and ran, and as was supposed dispersed into the settlement in the valley, whereupon the company from that valley immediately started to cut them off and protect the settlers. This left us exposed, and an open plain to cross before passing into a thicket, which the Indians discovered and recrossed the river with the purpose to ambush us there. Fortunately a gentleman by the name of Clugget [Clugage?], knowing the locality and danger to us, took shelter in the thicket and killed the foremost Indian, which created consternation in their ranks, & we escaped. That night we guarded the family of Mr. T'Vault, now deceased, but whose family yet reside in Jacksonville. The next day it was found that the Indians had moved up to the head of Rogue River [more likely the head of Bear Creek], and it was arranged for the Oregon volunteers to take their position at the foot of Table Rock whilst our company, increased to twenty-one, of whom were Wm. Burgess of Nevada & Geo. C. Pierson of Boston Heights, should pass up the river in the night and, if possible, drive the Indians back the next day. Daylight found us at the head of the river, or nearly so, and above the Indians, and we commenced beating the bush and forcing them down until they were forced upon the company below, where the Indians called for a talk, which was had, and satisfactory terms were made without more bloodshed. The Indians we were after had, in the meantime, escaped and started back across Siskiyou Mountains, to join Tipsu Tyee's tribe. My men in the fight captured two Indian ponies. I have been thus prolixing the statement of this affair, inasmuch as for rendering those people this service at that time and at their request, I was branded by this Agent Skinner, in an official report, as a leader of a band of horse thieves who had come over and made disturbance with Indians then in peace with whites. Then, as I do now, under the charge of Superintendent Odeneal, I held myself in readiness to appear before the district court of the United States to answer any charge of crime they can present against me. I did and do object to false official reports and newspaper libels to blacken my name, with whom I have not the pleasure of a personal acquaintance. But I have digressed. After learning that our criminals had escaped, through our Indian hostages and guides, we struck their trail and started again in pursuit, our company reducing itself down to its original number. Recrossing the Siskiyou Mountains, we fell in with Ben Wright who, learning from a squaw with whom he was living that these Indians had taken that course, he, with a band of Shastas, had started in pursuit and intercepted and captured them. We came in together and took the Indians to Scotts Valley and there gave them a fair trial, proving their identity by both white men & Indians, and the Indian testimony and their own story, all of which was received in evidence. One was found guilty, and the other acquitted and set at liberty. Our present Superintendent of Public Instruction, Professor G. K. Godfrey, was one of the jury. During our absence the people remained under great excitement, as all kind of rumors were afloat, and our company was so small, and I had started into a country inhabited by hordes of wild Indians, and those of Siskiyou Mountain and Rogue River Valley notoriously hostile and warlike. Old Scarface of the Shastas, learning of the difficulty at Rogue River, contrary to advice given him when we left, had come out from the canon, appeared on the mountain lying east of Yreka, as the Indians afterward told me, for the purpose of letting the whites know the trouble, as the roads were waylaid by the Indians on the mountains so that travelers could not pass. As soon as he was seen a wild excitement ensued and a company started in pursuit. Scarface, seeing the danger, fled up the Shasta Valley on foot, his pursuers after him well mounted. After a race along the hills and through the valleys for about eighteen miles, he was finally captured and hung upon a tree at what is now called Scarface Gulch. His son Bill then became chief of the branch of the tribe as successor to his father, in an usurped authority, in the fight for which he had received the wound in the face, whence the scar which gave him the title among the whites. Peace was then restored, and all things seemed to be moving on finely, and I with a few others started out to find a trail over the mountains from Rogue River Valley to the coast. This was a very rugged trip, but was finally successful. On coming near the coast we found a band of Indians & squaws gathering berries. We took the Indians as prisoners and held them as hostages for good behavior of their tribe during our investigations. From them we learned that a company had been up by a boat from San Francisco exploring the bay & had all died, or as we believed been killed by the Indians, they wearing some of their clothing. When we started back we took our prisoners up to the top of the mountain, where we thought ourselves safe, and then sent them back, and we returned by the way of Klamath River to Yreka, passing through a great number of Indians, but without any trouble. We had got out of provisions, and when at the mouth of Salmon River we made known our destitution to the chief, Euphippa, he took his spear and caught us some fish, but would take no pay. Afterwards he came to Scotts Valley to call upon me several times. After my return to the valley the young Indians we had as hostages on the river hunt came and desired to live with and work for me. I took Tom and kept him until about the time of his death, he leaving whilst I was at Rogue River on business.
    In 1854 or 1855 there was one more excitement in Scotts Valley by the whites fearing an attack from the Indians from the fact that they had held a dance and gone back into the hills. Here it may be well to state a custom among all those upper country Indians which, not being generally understood by our people, has led to much difficulty. It is [that] at the commencement of the fishing season, and at its close they held what is called a fish dance, in which they paint and go through all the performances of their dances at the opening and closing of war. They also hold a harvest dance when the fruits and nuts get ripe, but this is of a more quiet character, more resembling their sick dance, when they try to cure their sick by the influence of the combined mesmerism of a circle of Indians, in which they are in many instances very successful. But to return to my subject. Hearing of the gathering of the whites, and knowing the danger to our people & property if a war was then inaugurated, I got on my horse and rode to the place of rendezvous. After consulting it was determined to fall upon the Indian camp at about daylight next morning, as it was thought that at that hour they could be mostly killed and easily conquered. I returned to my house, took my young Indian, Tom, and started, by a circuitous trail in the mountains, for the Indian camp & before morning had them all removed to a safe place. In a few days all fears were quieted and harmony restored without loss of any lives or destruction of property. About this time a young Indian from Humbug Creek, visiting the Scotts Valley Indians, had stopped at an immigrant camp and stolen two guns. Word was brought to me. I sent for Chief John and required him to bring the guns & Indian, which he did. I tied & whipped the Indian and then let him go. Late in the fall, afterwards, I was sitting near the top of the mountain back of my then house, witnessing a deer drive by the Scotts Valley Indians on the surrounding hills, when I heard a cap crack behind me in a clump of small trees. Getting up and immediately running into the thicket, discovered an Indian running down the opposite slope of the mountain. I returned to my house & sent Tom after Chief John and from him learned that when he left this Humbug [was] there. I directed him to bring him to my house, which he did next morning. The Humbug Indian told me it was not the first time he had tried to kill me, but that his gun had failed him, and now that he & all the Indians thought that I had a charmed life. I gave him a good talk, which impressed him much, and then unbound him and told him to go and do well thereafter. He was never known to do a bad act afterwards, but was finally killed by the Klamath Lake Indians about a.year afterwards in an effort to recover some guns stolen from some people on Greenhorn Creek. All these things tended to establish with me a great control over these Indians in these valleys. During this time Judge Rosborough, now our district judge, came up here as an Indian agent, and for a year or more made his home with me. In his whole intercourse with the Indians he was scrupulously careful to do exact justice toward the Indians, and compel a like care by both our people and the Indians toward each other. This led to a better acquaintance on my part with the Klamath Lake & Modoc Indians, who came several times to see him. After that my business occupying my whole time, it was only occasionally that I saw any of the Indians to hold conversation with them, & then only when called upon to settle some difficulty among the tribes, or between them and our people. During this time, & if my memory serves me right, in 1855, the Shastas, for some cause unknown to me, became hostile and took refuge in a cave on the north side of Klamath River & about 35 miles from Yreka. They then were quite numerous, well armed and skillful in the use of the gun. Here they repulsed a large company of volunteers with heavy loss to the whites, and finally two companies of regulars were driven from the field. Learning of the difficulty, and judging the Indians were not wholly to blame, I proposed to Lieut. Bonnycastle, then stationed at Fort Jones, and Judge Rosborough to accompany me, and with Tolo and another Indian to visit their camp and arrange terms of peace. We went and spent two days with them before arriving at a solution of the difficulty. During this time they several times pointed their guns at us with a determination to shoot, but as often were talked into a better turn of mind and finally agreed to go & live at Fort Jones and remain in peace with the whites. The third day thereafter was settled upon for their removal, when Bonnycastle was to send a company of soldiers to escort and protect them in. The next day a white man, who had a squaw at the cave, went out unknown to us & told the Indians he was sent for them, and thereupon they packed up and started for Fort Jones with him, one day ahead of time agreed upon. On their way in at Klamath River, about 20 miles from Yreka, they were waylaid, and their chief, Bill, shot from behind the brush and killed. They kept their faith nevertheless and came in, when I explained it so they were satisfied. This was known to the Modocs, and they talked of it on my last visit to the cave. Occasionally thereafter I was applied to only on matters of trifling moment and easily arranged, until my appointment to the Indian Superintendency, in the summer of 1863, for the northern district of California. In this narration I have passed over several Rogue River wars without notice, as I had nothing to do with them, also the Modoc war of 1852, which took place whilst I was away at Crescent City, therefore all I know of that was hearsay, but I know it was generally known that Ben Wright had concocted the plan of poisoning those Indians at a feast, and that his interpreter Indian, Swill, had exposed to the Indians, so that but few ate of the meat, and that Wright and his company then fell upon the Indians, and killed forty out of 47, and one other died of the poison afterward. There is one of the company now in the county who gives this version, and I heard Wright swearing about Dr. Ferber, our then druggist (now of Vallejo), selling him an adulterated article of strychnine, which he said the doctor wanted [sic] to kill the coyotes. That the plan was concocted before they left Yreka defeats the claim now made for them that they only anticipated the treachery of the Indians. John Schonchin was one of the Indians that escaped and in late interview then he made this as an excuse for not coming out to meet the commissioners. The story of the Indians corresponds so well with that I have so frequently heard from our own people, before it became so much of a disgrace by the reaction, that I have no doubt of the correction in its general details. At the time others, as well as myself, told Wright that the transaction would at some time react fearfully upon some innocent ones of our people, but so long a time had elapsed that I had concluded that matter was nearly forgotten by all, and nothing come of it until the night of my second visit in the cave, when Schonchin would get very excited when talking of it as an excuse for not going out. The history of that night you have probably seen as it was given by article B, the Sacramento Record and San Francisco Chronicle, for which paper he was corresponding, he was made wild; he was with me the whole time after. A final peace was made with the Modocs, but the year is now out of my mind, but about 1857 or '58 they came to Yreka with horses, money and furs to trade & get provisions and blankets. On their way out they were waylaid at Shasta River, as was claimed by Shasta Indians, and several killed, robbed and thrown into the river. Many of our citizens thought white men were connected with this murder, and it is probably so. The Shasta Indians retreated; they claim that but few of their people were engaged in the massacre, but it was mostly done by the white people, in their negotiations for peace in the spring of 1864 mentioned hereafter.
    But to return to the thread of my history. On taking possession of the Superintendency in Sept. 1863, I found the Klamath Lakes, the Modocs and the Shastas in war with each other, the Humboldt and Mendocino Indians in war with our people, the few on the reservations naked and dying of starvation, and truly a heart-rending scene. As soon as possible I furnished relief, and after the second day none died of hunger or want, and in a short time I had the Humboldt war closed, the Indians, as far as desired, on the reservation and cheerfully at work, and the next July found the products of their labor equal to all of their wants. For the next year I was then legislated out of office by Mr. Conness (our Senator), Mr. Lincoln having refused to remove me at his request. In the spring of 1864, on returning home from a trip to San Francisco, I found my lot adjoining my house south of Yreka (since burned) filled with Indians of the Modoc, Klamath Lake, Shasta, Scotts River, Salmon River, Klamath River and Sacramento River tribes, numbering several hundred and awaiting my coming. My wife had been lecturing them upon the best way to live with each other & with our people, and that they were more than ready to enter into treaties with each other and with us. The work left for me to do in arranging all matters was light, and two days found all happy and friends. At this time all were so well pleased that they agreed that I should be the chief over them all and when any difficulty arose among them that it should be submitted to me, and my decree should be binding. This proposition came from Capt. Jack, the chief of the Modocs, and was cheerfully agreed to by all. I called quite a number our citizens to join in the treaty, and from that day to the outbreak of the war they have troubled me with their difficulties, which have generally been decided to their satisfaction. After I was removed from office and Rosborough was on the bench, I frequently persuaded them to go to him, as he was the Boston Tyee, and they always looked upon him with great respect. So,amongst us we have managed to keep peace until last November. As to the charges through the Oregon papers and the reports of Superintendent Odeneal that I advised them to leave the reservation, or that I advised them to remain off the reservation, or to resist the authorities in trying to take [them] back, or that I at any time gave them encouragement of being able to cope with the soldiers, or that by any act or word of mine they have been induced to commence or continue this war, or that I am or have [been] a squaw man, or that I have or had half-breed children in the lava beds or elsewhere, or that I have had intercourse with squaws, or that I was a spy in favor of the Indians, advising them of the movements of the troops, or that I advised them or encouraged Gen. Canby, Mr. Thomas, Mr. Meacham or others to go in the lava beds to meet Capt. Jack & tribe in council, or that I have written letters to Capt. Jack or other Indians, or that I ever proposed to marry Queen Mary, or that I ever wrote any letter of the kind certificate [sic] to by a Mrs. Lehira, or that she ever saw any letter from me of the import of the one she certified to, is simply and unequivocally false, severally & collectively, and the authors of these several charges, whoever they are or may be, are low, contemptible cowards, spending time in secret in trying to traduce the character of one they do not know and would not if they should meet him on the street, and further, here, where I have been known for twenty years, they could not find one respectable witness that would make either or any of those charges, and much less swear to them or any one of them. Now a few words as to the facts in the case. Some time after Capt. Jack & party had left the reservation, they called upon me and stated what they had done on the reservation (all of which have been confirmed to me by Mr. Meacham and others) and why they left, claiming that, instead of feeding them there, they had been obliged to kill their horses for food or starve, and instead of a pair of blankets only one or, as they called it, half a blanket had been given to each of the adults, and but half of that to each of their children, and those of a very inferior quality. They looked very squalid and poor, more so than I had ever seen thern before or since. My advice to them was, and always had been, was to return to the reservation, and further that the officers would compel them to go. They replied they would not go, and asked why the treaty that I had made with them, when I was Superintendent of the Northern District of Cal., then supposing the state line includes their village at the fishery, was not lying [living?] up to. They said they were to give up all the balance of their lands, would ask nothing for it, would take care of themselves, as fish and fowl were abundant there, and that white men's cattle might graze there and they would not disturb them, and that when people came there to cross the river they would assist them. I told them they had made a new treaty with the Oregon agency since sold their lands, and that done away with the one. Jack said that he did not agree to it, but old Schonchin did, but he was no chief, but he finally went to the reservation, as they made him such good promises, and all his friends wanted him to go, but when he got there he said none of their promises were kept. I frequently urged upon him the power and number of our people, and that it would be folly to resist, all to no response. I have written several letters for him to the settlers in which I stated his words to them, as he said that there were many that could not talk to him or he to them, and that he wanted them to know that he was determined to be a friend of the white people, and wanted to learn their way of living. Always when he came to town, when I was home, he called and stated his purpose in visiting Yreka, at which times I would advise him not to let his men and women get whisky or remain in town after sundown. That some did remain and did drink whisky is true, but they were generally women that were claimed by and living with white men, either in the vicinity of Yreka or on the frontier, and would come here and would meet with relatives and tribe. I have never known Jack to take a glass of liquor in my life, and I have known him to whip his men for taking it. After trading they uniformly came to bid me goodbye, and ask a letter to pass them back to their country, so that if they should meet strangers they could show them that it was all right, and they need not be afraid. All this put me to much trouble, but for which I received no compensation from any source. As for my being their attorney, it is simply absurd. All my acts were in the cause of humanity, and to avoid, if possible, any collision with our people, as I knew them, and [k]now if properly managed there was no cause [omission], for one white settler frequently came in from their country and corroborated their stories, and all that I saw gave them a good character. In the fall of 1871, the first time for twenty years, on my return from a business trip to Surprise Valley, in the country of the Modocs company with Mr. H. C. Ticknor, I came through the country of the Modocs. We had to sleep out one night, which we did at the foot of Tule Lake. In the morning early we started for Miller's (since killed by Indians), ten miles distant, to get some breakfast. We found Miller out at the time, but his house all open, and no way to close it up. Miller soon came in, and set about boiling us some coffee. I found he had a good supply of flour, bacon, beef &c. &c. on hand and in that open cabin, and asked him if the Indians did not steal from him. He replied he had been there several years and had always left his cabin open in that way night and day and had never lost anything by the Indians that he knew. That the Indians provided for themselves by fishing and hunting, and the only fear he had was that the reservation people would try to remove them and would [start] a war in which settlers would be sacrificed, for, said he, they are determined to die rather than be taken back to the reservation, and you know how inaccessible portions of the country is, and if an outbreak should occur it would be a severe struggle in which many valuable lives & innocent people would be lost. How well he prophesied. And he & Brotherton, good men and as good friends to the Indians as any, fell victims to this ill-advised project. Passing to the Indian village we found only a portion of the tribe there; the balance of them went with Capt. Jack, having come to Yreka to purchase their winter supplies. The few that were there expressed a fear that the soldiers were coming after them and wished to know if I knew anything about it. I did not, but tried to quiet their fears by telling them that the big chief would send a man to tell them when he wanted them to go. Coming into Ball's Ranch, the like character was given to the Indians as by Miller, and about dark Capt. Jack and company came & camped close by. On their return from Yreka, whilst talking with Jack, he expressed fear of trouble because a white man had come and settled in their midst and claimed their land, and said he was all the time quarreling with them. I advised him to go to the soldier chief at Fort Klamath and get him to furnish protection. In 1872 I came past there again and found the Brothertons settled near Miller's. Mrs. B. & the children only were at home, Mr. B. & Mr. M. being absent for winter supplies at Rogue River. Mrs. B. then told me that the Indians were very excited because they had been told they were to be taken back to the reservation. I remained there all night. The next morning, before leaving, a squaw came along & upon inquiry [I] learned that Capt. Jack and his men had gone south, & she expressed wonders that I had not met him. As we did not, he must have turned off of the road & gone to the lava beds. Shortly before this, Mr. Miller had been to Yreka to procure my professional service in making application for a tract of swamp land lying near his residence, but which as yet had not been surveyed. I made out his application, and sent to Mr. Varnum, our county surveyor, in accordance with our laws. After finishing business he spoke on the Indian matter again, and said one Monroe and they were having much trouble, and that Monroe wanted their land & had applied to the Indian Department to have them removed, & that he feared it would cause a war, & that the lives of the settlers would not be safe, as they determined not to return to the reservation. He wished to know why, as they were industrious & peaceable, [they] could not be allowed to take up farms there as others did, & remain. I told him my opinion was they could if they would give up their tribal character, pay taxes & improve the land. He said that was what they wanted to do. I then told him I would make the application for them to the Department & get their answer. I did not immediately sit down to work, as other business was pressing, but thought I should see him the next morning, but before leisure presented he had returned home. Soon afterward the Indians came in & told me that Miller had told them I would ask the big chief to give them the land if they would pay taxes & which they said they would do. I sat down and made the application, and found my observation of the country they actually wanted so limited, & their want of all knowledge of the points of the compass, that I could not make an intelligible application. I had also just received a note from the county surveyor saying that he could not go out to make Miller's survey, and therefore I wrote to Miller the letter which was afterward taken from his house, & by Supt. Odeneal reported to the government as evidence of my guilt. The note barely stated that my knowledge was not sufficient to enable me to make out the application, & that I had not required the Indians to pay taxes, and that Mr. Varnum would not go out to make his survey, & that I would have to send to Sac. City to get a surveyor appointed, and also asking him to send me by an Indian a description of the land wanted by the Indians. I never received an answer. The war was precipitated too soon, & Miller was not at home as I came by there, but I then found [by] personal observation that the land desired by the Indians was about three miles long & not over a mile in width, and much of it covered by sagebrush, but with a very superior fishery upon it. At this last interview with Capt. Jack I again tried to persuade him that he had better go to the reservation, but I must confess that it was as much to avoid the trouble & expense that would fall upon me in getting the land grant through for them, as from any other motive, as I did not think any reasonable Superintendent would try to remove them. I yet believe that if Supt. Odeneal had gone down there instead of sending the soldiers to surprise them in the night, all could have been quietly settled. Now, as for Mr. Odeneal, he has threatened my prosecution. There is a court of the United States for this district located at San Francisco, having jurisdiction of the case. He has the government to back him in expenses. I have to bear my own & suffer the loss of time. Now, then, if instead of false reports & libelous articles in the newspapers he will enter this prosecution, I will agree to ventilate the whole matter, & if I am guilty, I will cheerfully submit to the penalty. At this last interview with Capt. Jack, his reply was very determined that he would not go to the reservation to be starved. I told of the great number & power of our people & the futility of resistance, to which he listened with his usual stoical composure & then replied, "Kill with bullet don't hurt much, starve to death hurt a heap." This was said through the interpreter, Scarface Charley. In all my intercourse with Indians, I have only talked or held communion with their leading men, and have never indulged in any jesting or sociality with them. When I needed one for a messenger, as I occasionally did when they were in, by which to send a letter to Mr. Dorris or Fairchild or others on the frontier where there was no mail facilities, I always applied to the chief for a man for the service. Capt. Jack talks no English, except the names of a few articles in trade, & no jargon, and as far as my knowledge of him is concerned he always brought to the conference an interpreter and usually for that purpose Scarface Charley. A word as to the charge of treacherous disposition of this people. This is a charge instituted since the treacherous massacre of Gen. Canby & Mr. Thomas, but before that no one can point to an act of treachery on their part, but on the contrary they were known as a bold & fearless people, warlike and a dread to our early immigrant & to the surrounding tribes, and very punctilious to their word, so far as I had occasion to know. My visit to the cave was at the request of the commissioners, as the Indians had expressed a confidence in me & wanted my advice, and I yet think had it not been for a byplay at that time I could have persuaded them to terms, but they were frightened out of it by the threat of hanging on the Jacksonville indictment. That desire for revenge has cost us dearly in blood. I went in the cause of humanity at a great sacrifice of my time & at great personal risk, asked no pay for my time, but did expect a return of my cash expenses, but even that has not been allowed by the Indian Bureau. My conscience is clear, and I know the blood of the murdered white men or Indians will not cry out in judgment against me. I only wish that the war was prosecuted by those in person who are so earnestly urging it on from the first, instead of their remaining at so respectable a distance, as the Indians and those men feel.  I could see a war go on between them if it could be confined to them and not have my bowels of compassion moved much on either side. The lava bed is about four miles wide by seven long, and the Indians in these not exceeding 100, men, women & children, & they mean to stay there as long as they can. The location is the most inaccessible of any part of the world I ever saw, & one man fairly secreted in it is more than equal to 20 engaged in trying to ferret him out. As for the Genls. that have been engaged in prosecuting the war, Gen. Wheaton I have not had the pleasure of meeting, but I think under the very unfavorable circumstances of his attack, the limited knowledge of the stronghold which they possessed, & the few men under his charge, he performed wonders & should not have been superseded. Gen. Gillem I know, and a more gallant gentleman & soldier you will hardly find, and in prosecuting the war he has shown masterly skill. The late massacre I think could not properly be charged upon him, as there were men enough there to defend themselves, had they not been taken by surprise. My advice to Genl. Canby & the peace commissioners on my return from the cave the last time was that all negotiations should cease until the Indians should become the soliciting party. I told them further that my opinion was that they thought our people were afraid of them & that they were carrying on the negotiations with a hope to get Gen. Canby and Gillem, Messrs. Meacham & Applegate in their power, & that in such an event they would certainly kill them all. I thought I could go; no one else could safely, & that I could not be induced to take the risk again. There were plenty of live witnesses to that, yet I also met Mr. Thomas at Yreka on his way out, when he desired me to accompany him. I gave him the same caution & told him as well as I knew them, I would not feel safe in going again to the Indians. I went out [to] the Indians once after my last visit to the cave, but Gen. Canby & Gillem then felt the danger so great that they were inclined not to let me go, but as parties claimed there was a misunderstanding, I told them I would go to the rendezvous, & if all was right I would bring them in, & if they killed me it would only be one instead of six or eight. To test the question I went to the place designated, found no Indians or signs, went on about ten miles further & yet found no Indians & returned about dark and then returned to Yreka.
   
    Dear Sir:
        The above is a copy of a hastily prepared paper to my brother who had seen the charges in the Oregon papers and felt much alarmed at it. In it I have only noticed the leading question and those falling under my observations. With all the contradictory reports, it will be found my judgment of the purpose of the Indians was uniformly correct. I have been so long on the frontiers, and seen the Indians in their native, disgusting state, that I have no special regard to them further than making out justice, and I have none of the poetry entertained by many that do not know them. The Modocs are generally a whited [sic--"united"? "whiter"?] tribe of Indians than any other I have met with. Capt. Jack is very dignified generally, and is a full-blood Modoc. Scarface Charley is one of the Rogue Rivers, of Tipsu Tyee's tribe, extinct. I have just arranged at the suggestion of our member of Congress, Luttrell, for all of the straggling Indians of various tribes surrounding us, [about] which so much newspaper panic has been created, to go to Fort Jones military reservation in Scotts Valley & remain under supervision. They are highly pleased, but they have been under great fear ever since the Modoc War broke out, and were nearly starving from the fact that they dare not hunt, fish or dig for roots from fear of both whites & Modocs. They desire a tract of country between Scotts & Shasta valleys called Moffett Creek, a valley about twelve miles long & half a mile wide, and that they have a little assistance of seeds & tools and [be] allowed to take care of it themselves. The application of one of the appropriations that has been made for the Shastas, but of which they have never received a dollar, will be all that will ever be required if they have no white men put over them. They are industrious and know how to farm; one of the tribe has here a farm of 200 acres enclosed on the north side of  Klamath River, and I have advised him to stay there. He has his house logs [laid?] out, quite a number of fruit trees growing, and is very ambitious, and this example inspires the others. Were I even in moderate circumstances so that I could offer to go out & teach them occasionally I could do much good, but I am not thus favored.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 812-850.  This manuscript copy is not in Steele's hand.  Click here for Steele's earlier version of the Big Bar story.  The letter was printed in Jeff Riddle's The Indian History of the Modoc War, under the title "Letters from Judge E. Steele to His Brother, I. Steele."





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



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



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



    Our reporter has obtained from Mrs. Joseph Knott, an old lady living in this city, and nearly 70 years of age, the following account of Capt. Jack.
    In the year 1851, while living at Canyonville, Douglas County, an Indian boy came to their house, and, speaking the jargon, desired to live with them. He was one of the Rogue River Indians, and belonged to the tribe then located on Cow Creek. She noticed that he appeared to be an active, keen, shrewd-looking boy, and with the consent of her husband took him to raise, with whom he remained several years. As soon as the boy was assured that they intended to keep him, he insisted on having a "Boston" name, as he called it, and wished to be named after the best looking of Mrs. Knott's children. This being appreciated by the mother, she decided to name him after her son--their ages, apparently, being about the same--and this son was J. Knott, better known as Jack Knott, of saloon fame. The boys grew up together, and many were the days they spent in the sports of the chase. On one occasion, after he had been with them some time, he became offended because he was told to leave the room, and loaded his rifle with the intention of shooting Levi Knott, but was discovered in season to prevent his designs. This circumstance led to his expulsion from the family, and from that until the present time he has not been seen by them, except in 1855, the year in which he murdered Mrs. Harris, after which Jack went to the Goose Lake country. His mother was a full sister to Rogue River John, who attempted to seize the steamer Columbia while she lay at anchor in the harbor of Crescent City, and also a half-sister to the war chief Sam, of the same tribe, and Chief Joe, who received his appellation from having fought Gen. Joe Lane. All of these facts and many others which we have no space to mention were recently confirmed by Judge Prim, of Eastern [sic] Oregon, who communicated these particulars to Mrs. Knott, stating that the great Modoc chieftain Capt. Jack was the boy she took to raise in 1851.
The Kewanee Independent, Kewanee, Illinois, June 11, 1873, page 2  This account apparently confuses Captain Jack with Umpqua Jack.


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



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



Copy.
Major General E. A. Townsend
    Adjutant General, U.S. Army
        Washington, D.C.
I try Modoc assassins--were the commissioners appointed by written commission; if yes, please send me official copies. Is commissioner Meacham in Washington. Please reply by telegraph.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1141-1144.



EDITOR SENTINEL:
    In accordance to my promise in a former communication, I will now give you an account of a trip to Summer Lake and Chewaucan to ascertain the facts relative to the killing of the three Snake Indians, and, if possible, to avert any further trouble.
    Immediately on receiving the report of the difficulty, Mr. I. D. Applegate and myself, accompanied by five Yainax, Modocs,four Klamaths and Chocktoot--the Snake chief--started for the scene of the difficulty, going via Siakan, or Thompson's Valley, where we expected to find a small party of Chocktoot's people, whither they had gone a short time before to gather roots, etc., it being on the reservation; but on arriving there we found that they had left, and readily surmised that they had gone on to Summer Lake, Goose Lake, to join the families of the men killed, one of Chocktoot's men having gone that way one day in advance of us with the news. Our surmises proved afterward to be correct. We then crossed over the divide to Summer Lake, where we found the houses of the settlers all deserted and most of their property removed, including their stock. Passing on down to Chewaucan we found a portion of the settlers forted up at a Mr. Scott's, some twenty men, with several families, having gone on to Goose Lake for greater safety. These people were in a state of intense excitement, believing that the Indians on this reservation and also those about Harney had commenced hostilities, and had gathered about Silver Lake to the number of three hundred warriors. They asserted that some of them had seen bands of Indians coming in, and signal smokes, etc., and knew that there were a great many Indians there. Runners had been sent all about the country to tell the people that official word had been received from Gen. Ross and Commissary O. C. Applegate that the Klamath Indians had hidden their women and children, and were leaving the reservation. Under this state of excitement they decided to arrest as spies three Indians known to be in the vicinity of Silver Lake, two of whom had lived about there for a year or more, and on the 13th inst. ten of their number started out for that purpose. They met the Indians in the road near the house of Mr. Wm. H. Averill, and after talking with them a short time, told them that they must go with them. This the Indians refused to do, and one of them started for the hills, whipping his horse with an arrow. One of the men got ahead of him and told him to stop, but he only tried the harder to get away. The man then shot at him twice, the second time knocking him from his horse, and while on the ground he placed the arrow in the bow as if in the act of shooting and died in that position. They then started with the other two, but after going a short distance another Indian attempted to run and was shot dead. The third they succeeded in getting to their stockade and placed him under guard. After they had kept him a few days he attempted to run away, but they caught him and put him in chains. Some were for shooting him for attempting to get away, but better counsel prevailed. One night, however, he slipped his chains, and while running was shot and killed by the guard. Two of these Indians when captured had guns, but they were unloaded--the other had bow and arrows.
    Sometime in April Mr. O. C. Applegate, commissary in charge at Yainax, learned that these few Indians were about Summer Lake, and he immediately sent a trusty Indian, with a pass for twenty days, to hunt them up and bring them to Yainax; but it appears this man was taken sick at Thompson's Valley, and being unable to go farther, gave his pass to another Indian with instructions to perform the service in his place, and that one proving unfaithful, had stayed some three or four days over the time given, when the affair happened. Some of the settlers had told him the pass had run out and he must go home, but he said he was not going back anymore.
    Old Chocktoot assured the settlers that there were no Indians in that country except a few of his people, and that if four of their number would go with us to Silver Lake he would prove it to be true, and accordingly four of them went with us. In passing up through Summer Lake Valley we found the houses unmolested, the chickens, geese, etc. running about, until we came to the head of the valley, near the place where the Indians were captured, when we found a house burned and a hog killed, two other houses close by being unmolested. We then passed on over to Silver Lake, the Indians with us making signal fires to attract the attention of any Indians that might be in the vicinity, but they got no answer. We had concluded that there were none in that section of country, and that the few we had expected to find had already returned to Yainax, but as we were passing on toward the head of the lake, an Indian on a high bluff to our left shot off his gun and hallooed to attract our attention. He had seen us and our fires, but as the Indians with us had army overcoats on, he thought we were all soldiers until we came near. He came running down to us, and proved to be one of the party for whom we were searching. He told us that they had been waiting to learn what had become of their missing men, and had just learned a day or two before that they had been killed. He said that the squaw of one of the men killed had found a powder horn and a piece of blanket belonging to her man, at the house that was burned, and supposing that some mischief had befallen him there, she set fire to the house and killed the hog. He then led us to their camp, where we found the wives of the men killed an old man--the father of one them and those that had joined them from Thompson's Valley. They were intending to start the next day for Yainax. They assured us that there were no other Indians in that part of the country, nor had there been during the winter or spring, and we are very sure this is the truth; so the "two or three hundred warriors" were really a poor old man and three women. The old man told us that they had been waiting and searching ten days for the missing men; that the women thought they had been killed, but that he had told them that it could not be, for he knew that they had never given the whites any cause to kill them--had never stolen anything or killed any cattle--and that they would come back by and by. He said that they went that day to trade some buckskins to the whites; that he could not realize that his boy was dead--killed by those whom he supposed were his friends--but that he should not get foolish about it, but leave it for the proper authorities to settle.
    The next morning the four men who had come thus far with us returned to Chewaucan, feeling satisfied that the settlers had their "big scare" all for nothing, and that there was no danger from Indians in that section.
    These Indians belonged to Chocktoot's band, and he assures us that he will make no trouble about it, but expects that the whites will see that justice is done.
    This whole excitement and trouble has grown out of false reports, of which the country has been rife, and had not not prompt action been taken; very serious consequences might have followed.
    No fear whatever of trouble from the reservation Indians need be entertained, for they are fully as anxious to keep out of difficulty as are the whites. I am satisfied that nearly if not quite all of the excitements regarding Indian outbreaks in Eastern Oregon originate from false reports and are without foundation.
Oregon Sentinel, Jacksonville, June 14, 1873, page 2



EDITOR SENTINEL:
    The outlook in this direction now seems quite favorable, and I think the United States may begin to feel that she has at last about cleaned out this determined band of renegades.
    I have seen a dispatch dated Yreka, May 31st, in regard to the Ocheo band of Piutes, which is so conspicuously false that it reminds me of the sensational dispatches of that champion falsifier, R. D. Bogart. This dispatch says "Ocheo's band of Piutes are at Warner, being fed by the government. Ocheo says he will not go back to Yainax; that the whites have told him nothing but lies since he made treaty; that Warner Valley is his country, where he can support himself by hunting and fishing. There are 168 of this band at Camp Warner, but there are 300 in all; the rest are somewhere else, no one knows where.
    "Ocheo's band talk very saucy and insolent, make all sorts of sport of the little force of soldiers stationed at Camp Warner, and seem inclined to be hostile. The settlers in Warner Valley have also been feeding these Piutes ever since the commencement of the Modoc difficulties, in order to keep them peaceable, as they are masters of the situation should they determine to start on the war path."
    This band, when first brought to Yainax, in the fall of 1869, numbered 156 souls, and if there are now 168 at Warner, they are all there, together with the "natural increase." They never have been permanently located, and are parties to no treaty, except Gen. Crook's admonition to "bury the hatchet." They should be permanently located, either at Malheur or Warner, this fall, and the government should make liberal appropriations for their support, so as to prevent as much as possible their straggling all over Southeastern Oregon. They have only been at Warner a month, consequently the statement that citizens in Warner Valley "have also been feeding these Piutes ever since the commencement of the Modoc difficulties" is as false as the other that "there are 300 in all; the rest are somewhere else, no one knows where."
    After eating the principal part of over 200 head of cattle at Yainax, Ocheo was allowed to go to Warner to spend the summer, it being thought that he could more easily keep his people from scattering if in their native valley. He said on leaving Yainax that he hoped to return in the fall, that he considered Yainax his home, and that Malheur was a bleak, cold place, and too far away from his old country. As soon as the wandering season came the force of lifelong habit was irresistible, and a few straggled away from Yainax towards Warner, without either Ocheo or the commissary in charge knowing it. Then on Ocheo's saying he thought he could keep his people all together in Warner Valley until the Modoc trouble should end, they were allowed to go. Gen. Wheaton sanctioned the arrangement, and promised to assist in keeping the band together and aid them in making a living.
    If properly treated, there is no danger to be apprehended from these people. They are thoroughly subjugated and would dislike very much to see the musket and scalping knife resurrected. The great danger lies in the ill-advised and impulsive action of excited whites, The affair at Summer Lake was a dangerous experiment, and might have put on the warpath 500 well-skilled warriors. It is to be hoped that the affair will be a salutary lesson to both whites and Indians. Of course it is hard for whites to make any distinction these war times between hostile and friendly Indians it not on a reservation, and it is equally difficult for the shallow-pated Piutes to understand that their safety does not depend on their peaceable conduct.
    The reservation Indians are at home and tranquil. We are rather expecting the remnants of Jack's band to make a break for the reservation and are always on the alert for stragglers. The Yainax Indians are near the Agency, on the north side of Sprague River, so as to be out of the way both of straggling Modocs and pursuing troops.
Oregon Sentinel, Jacksonville, June 14, 1873, page 2



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



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



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




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



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



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



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





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



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



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



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



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



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



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



Sir
    I have the honor to acknowledge the receipt of circular letter dated June 27th enclosing blanks to be filled with statistics of medical supplies &c. Enclosed please find the information desired, though less complete on some points than I could wish. The answers to questions 1 & 2 show the number of instruments belonging to the government fit for use. The doctor has made use of his own in such operations as he has been called on to perform. The circular letter alluded to seems to expect information on some points not embraced in the number of questions--viz--the treaty stipulations on this point. The Indians at this agency have been treated with, but the treaties were never ratified except with one or two tribes, and in the management heretofore no reference has been had to the provisions of the same.
    The Indians claim that having fulfilled the terms in their part they are justified in expecting a corresponding fulfillment by the government.
    The position of the agent is thus rendered more difficult. The original treaty provided for hospital medicines, stores &c. with attendance. Seeing the great necessity of it I fitted up an old building which, though unsuited to the purpose, can be made to accommodate eight persons, which is as many as we are likely to have on our hands at one time. I would however respectfully represent the great need of an attendant and nurse. I have asked permission to employ a person for that purpose but as yet have not heard from the application.
   
    No. 1. Name of the reservation. Siletz Agency, Coast Reservation.
    2. Locality of the reservation. Pacific Ocean from the mouth of the "Yaquina" Bay on the south to the mouth of Salmon River north about and extending back from the coast about 35 miles.
    3. Extent of the reservation. Something over 35 miles in length by from twenty-five to 35 broad. I have not the statistics by me at present. The measurement give is estimated from the scale of miles on the map published by the Department.
    4. What tribe or tribes are on the reservation? Confederated tribes of the coast, viz--Rogue River, Shasta Scoton, Umpquas, Joshuas, Shasta Costas, Tututnis, Chetcoes, Coquille, Sixes, Euchres, Naltunnetunne, Port Orfords, Mikonotunne &c. &c.
    5. What is the average number of Indians on the reservation during the summer? Belonging to this agency about 800. It is difficult to get a correct estimate till I take a census.
    6. What is the average number of Indians on the reservation during the winter? From 1000 to 1200.
    7. Name of the officer. Geo. W. Whitney.
    8. When was he appointed? Dec. 1st 1871.
    9. Where was he educated? Willamette University, Salem, Oregon.
    10. What is his present yearly salary? $1200.00.
    11. What approximately is the cost of medicines used during the year? $250.00 to $300.00.
Answer to question #12

1		Quinia sul. 13 oz. per year
2		Iodoform 6 oz. per year
3		Pot. iodidon 4 lbs. per year (more would have been used could it have been procured)
4		Pot. brom. 4 lbs.per year
5		Podophyllin 4 oz. per year
6		Rhei pulv. ¾ lb. per year
7		Dover's powders 1½ lbs. per year
8		Bal. cop. 6 lbs. per year
9		Syr. W.C. [with codeine?] 8 lbs. per year
10		Syr. ipeca. 8 lbs. per year
11		Syr. tolu. 8 lbs. per year
12		Syr. senegae 4 lbs. per year
13		Syr. squills 6 lbs. per year

Answer to question #13

1		Quinia sul. 4 oz. remaining
2		Iodoform ¼ oz. remaining
3		Pot. iodidon ¼ lb. remaining
4		Pot. brom. 1 lb.remaining
5		Podophyllin 5 oz. remaining
6		Rhei pulv. 1¼ lb. remaining
7		Dover's powders ½ lbs. remaining
8		Bal. cop. 1 lb. remaining
9		Syr. W.C. [with codeine?] ----
10		Syr. ipeca. 1 lb. remaining
11		Syr. tolu. 8 lbs. remaining
12		Syr. senegae ----
13		Syr. squills ----

[Question 14 obscured on microfilm]
    No. 15. What surgical instruments are on hand? 1 gum lance.
    16. What is their condition for use? Worn out.
    17. Where and how far from the reservation are medical supplies purchased? Portland 125 miles or Salem 75 miles.
    18. What kind of hospital accommodations are on the reservation and what is their capacity? 1 old building fitted for hospital during the present agent's administration, capacity about 8 patients. An attendant is much needed--no appropriations for that purpose at present.
    19. About what proportion of sick Indians prefer to rely upon their own medicine men? Few if any--as far as known, all come to the physician for treatment.
    20. What are some of the most prevalent diseases among the Indians? Syphilis, gonorrhea, consumption, pneumonia, dysentery, rheumatism, intermittent & rem. fevers, acute bronchitis, constipation & dropsy.
    21. What are some of the most fatal diseases? Consumption. If we had a hospital properly fitted with the necessary attendants very many cases that now terminate fatally might be saved.
    22. How many persons on an average, besides Indians & employees connected with the agency, depend upon the agency physician for medical treatment and remedies when sick? Very few settlers in the vicinity--seldom any calls on the physician except by Indians or employees--of employees with families about fifteen.
    23. Are records kept of cases and treatment of the sick? None at present. Records were kept at first, but no call being made [they] were discontinued.
    24. What suggestions or recommendations can you present from experience tending to improve and render more efficient this branch of the civil service in the effort to civilize the Indians? I think a small appropriation for hospital attendance and such articles of comfort as we are now unable to furnish would be of very great advantage. The amount need not be large and should embrace an appropriation for a more suitable building than we now have.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 962-.968.



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



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



E. P. Smith
    Com. Ind. Affairs
        Washn. D.C.
What shall I do with property at Alsea & Malheur. No agent at either place.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 651-652.




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



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



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



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



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



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



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



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



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



Sir
    Your communication of July 31st in relation to employment of W. C. Chattin as teacher at this agency is just received.
    I regret that Superintendent Odeneal did not in answer to your inquiries of 9th of June give the reasons governing me in the appointment of Mr. Chattin as teacher at $100 per month, as he was fully apprised of and approved them.
    On assuming charge of this agency I was convinced of the necessity of establishing another school--if possible--without increasing the expense. To do this I determined to assume the duties of commissary and clerk myself with such assistance as could be rendered by the teacher at hours when not engaged in the schoolroom. The very great amount of clerical labor required in the proper preparation of my quarterly accounts rendered the temporary employment of a commissary necessary, and the name of M. N. Chapman was forwarded as such. In explanation of the impossibility of performing this duty myself I may mention that the Indians at this agency, composed of ten or twelve tribes who have been hostile in the past, are frequently bringing up old difficulties and require so much of the time of the agent to compose these that little is left for office work. I am glad to say this evil is diminishing. As Mr. Chattin devoted his time, when not actually engaged as teacher, to the duties of commissary, $100 per month was not thought too much.
    The appointment of Mr. Chapman as commissary was only temporary and has already been canceled. The irregularity of reporting all employees as engaged April 1st instead of the date of their first appointment was an unintentional error of my clerk and made without my knowledge. It shall not occur again; through all records having been removed by ex-Agent Palmer it was not possible to give the exact dates. My recent illness has caused some irregularity in my report of employees, which I trust will not occur again.
Hon. W. R. Clum
    Actg. Com. Ind. Affairs
        Washington D.C.
   
[penciled note in a different hand]
    Make no change in the salary of teacher Chattin, at least for the present, and keep this on my table to see whether agent has anything further to say. If he does not, then file leaving salary as appears.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 986-988.



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



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



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



Sir:
    I have the honor to enclose reply to circular relative to the Medical Department of this agency.
    There is no existing treaty stipulation with any of the Indian tribes on this agency per physician or medicines. They are maintained from the general incidental fund.
Hon. E. P. Smith
    Commission Ind. Affrs.
        Washington D.C.
   

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

NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 882-886.



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



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



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



Hon. Ed. P. Smith
    Commr. Washn.
I have consulted Governor Booth; we recommend that matter be entrusted to us. Secret Service Dept. will give information when instructed to Col. Farmiyer [?]. My address for fourteen days forty-two Tehama St., San Fran.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 334-335.



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



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



G. P. Litchfield
    U.S. Indn. Sub-Agent
        Sir,    You spoke while here of writing to the Commissioner of Indian Affairs a true statement and full history of the condition of Alsea Agency at this time, also the state of indebtedness prior to your taking charge.
    You will please inform the Department that during the last three years the Indians in the Alsea Sub-Indian Agency have received but one small amount of presents, and that was furnished by A. B. Meacham. Since T. B. Odeneal went into Supt. office they received nothing. Call their attention to the fact that I carried on all the business of the agency with Indian labor and thereby placed within their reach many dollars which they never before got. In order to carry on the business of the agency successfully I was compelled to use my own money. I could not get that portion of money due the Alsea Agency from T. B. Odeneal--he had so many other places to use it (I suppose).
    Bear in mind my salary from Jan. 1st to June 7th is unpaid, and all other necessary expense of the agency.
    Had I not advanced my own money it would have been actually impossible for me to have carried on the business of that agency.
    I did not receive one dollar from T. B. Odeneal to defray the expenses of the Alsea Agency from January 1st to June 7th 1873 except interpreter fund. I want you to place this matter plainly before the Department and ascertain for me where I am to receive money.
The indebtedness of agency prior to your taking charge was about $2500.
   
    Sir--I have just recd. a circular letter from your office requiring a statement of funds unexpended prior to the first of July 1873 to explain fully the situation of this agency finally up to the 7th of June, the time of my taking charge as Special Commissary. I enclose a private letter from Mr. Case to me, he being the person whom I relieved. I am anxious for him as well as myself, and the good of the Department, that the situation be thoroughly understood by you. I had supposed that ere this myself or someone would have been appointed agent is the cause of my delaying posting on this point before this. I understood on my taking charge of this agency that there were funds on hand to build comfortable quarters for the agent, and also funds to organize a school with. My being only commissary, I of course did not receive the funds, only heard of them. Most of the lumber to build the house is on the ground, part of which is still unpaid. Mr. Case purchased it with the advice and counsel of the Superintendent, expecting that it would be paid out of the fund for that purpose, which has been idle for months. The credit of the Department has been injured, and individuals have in some cases been inconvenienced to a great extent by giving so long credit for which they were yet able. I have had in some cases to become responsible for work and articles needed for the agency. It works much disadvantage in employing Indian labor. They do not understand the credit system. The Indians have been promised and expected long ago the school for which the fund was appropriated. If you direct your attention to this agency you would find the Indians sadly neglected for the past few years. I have been anxiously expecting the arrival of the Inspector, but I do not expect him till about the 10th of October, which will be late for building. I wish some directions soon. The buildings are needed badly before winter rains begin. Enclosed I send you an Estimate of Funds which I think will be needed to make this on equal footing with other reservations, and which these Indians especially deserve at present for their past behavior and present wants. Part of these Indians are held here on the reservation with a promise of a treaty which was never ratified, and they deserve some consideration on account of that they have always been loyal & submissive to the agents in authority over them. Hoping these thoughts will meet with your approval,
Commissioner Ind. Affairs
    Washington
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 182-188. Estimate of Funds not transcribed.



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



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



Sir
    In my letter of July 5th I mentioned the fact that I had received for the 2nd quarter 1873 ult. $1470 and had been compelled to incur some liabilities. This was rendered necessary by the destitute condition of the Indians and the state of feeling among the people outside the reservation, which was such I could not permit the Indians to go among them for work.
    This condition of affairs was explained at the time to Superintendent Odeneal and my action approved. The amount of such liabilities incurred during the 2nd quarter 1873 and unpaid is as follows. General and incidental expenses, purchases of supplies including sum due for Rogue River annuities 1st & 2nd qrs. 1873 &c. &c. including expenses for return of fugitive Indians by special order of Superintendent = coin $1720.00; currency $1849.11; pay of employees 2nd qr. $2560.60.
    Of this amount a large portion was incurred on the expedition to Coos Bay and Umpqua for return of fugitives (an utterly unnecessary trip, as it proved) undertaken as before noted by positive order from the Superintendent.
    I would respectfully ask if consistent with the welfare of the service that this amount be placed to my credit from unexpended balances or other source for the payment of these liabilities.
Hon. E. P. Smith
    Com. Ind. Affairs
        Washington D.C.
   
Total amount in currency $6376.47
estimating coin @ 114.25
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1022-1024.



To
    General W. T. Sherman,
        Commanding the Army of the U.S.
General,
    Permit me to introduce Genl. John E. Ross of Oregon, late Commander of Oregon Volunteers operating in the Modoc Country, and a veteran Indian fighter of '53 and indeed earlier; this old pioneer now goes east out of sight of the Cascade Range the first time in twenty-seven years, and I beg for him your kind consideration when he seeks an opportunity of being presented to you--
    I have received the order of the War Dept. to execute the six condemned Modocs between the hours of 10 a.m. & 2 p.m. on Oct. 3rd, and any courier with a reprieve for them had better [not] be here one minute after 10 on that date, or he will [be] two minutes too late--
    General Ross has known the Modocs for years, and can give you many details of their murderous attacks on emigrants to this region in '49 and '50.
Ernest E. Mingus private collection


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



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




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



Sir:
    I return herewith the letter of T. B. Odeneal, Esq., late Superintendent of Indian Affairs for Oregon, together with the vouchers, therein enclosed, for two months' services, to September 1st 1873, rendered in closing up the business of his Superintendency, under instructions from the Indian Office of 10th June last.
    I concur with you in the opinion expressed in your report of the 8th instant that Mr. Odeneal's claim is equitable and just, and you are hereby instructed to allow and pay the same.
The Commissioner
    of Indian Affairs
   
Sir:
    Being reduced to the ranks with my fellow men, I now, as a private citizen, take the liberty of addressing you instead of the Commissioner, for reasons satisfactory to myself. If I had, while in office, received orders direct from you, I feel confident that everything would have worked more smoothly and been more satisfactory.
    Late Commissioner Walker, and the Board of Indian Commissioners, have labored very hard to induce the country to believe that I am wholly responsible for the trouble with the Modoc Indians, and in order to do this they have not hesitated to do violence to all of the facts in the case. The truth is that all I had to do with the matter was to execute a peremptory order of Walker to remove them forcibly if necessary. His order was dated July 6th 1872. In his report for that year, written about four months after, he contradicts himself by saying that they wished a separate reservation on Lost River, and that it should be given to them. Though he seems to have changed his mind, yet he did not countermand the order of July 6th. I can prove to you that these Indians never did want a reservation on Lost River, notwithstanding the reports of Meacham to the contrary. The Board of Indian Commissioners in their report of May 5th 1873, which is as I can show by the records a bundle of fabrications, assume that I acted without authority when I attempted to remove the Indians aforesaid. Why they should attempt to throw all the blame upon me for performing a very plain duty, defined in very plain language [sic]. If they are really the eminent honorable gentlemen they profess to be, it is indeed very remarkable that they should resort to such subterfuge to whitewash Walker.
    I have written a full and complete official history of the Modoc trouble and have therein shown by the records and files and by other irrefutable facts, that he said report of the Board of Indian Commissioners is, to use a mild term, erroneous in every important particular, that F. A. Walker is possessed of a very defective memory, or else he aspires to excel all other men in acts of inconsistency.
    I prepared this history before I knew I was to go out of office, in order to counteract, with the truth, the influence which the erroneous reports of the Board of Commissioners and Walker might have against me. But as their reports had the effect they doubtless desired they should have, and I am now out of office, I care but little about the matter provided I can get justice done me in the settlement of the business of this Superintendency, notice of the discontinuance of which I did not receive until June 26th. This left only three days in which to close up a large amount of business, scattered all over the state.
    I had been informed in April that the President as well as your Department had promised that the Oregon Superintendency should be continued and that I should be retained. Believing this to be correct, and acting upon instructions, I had been busily engaged collecting the Shoshone, Piute and Bannock Indians upon Malheur Reservation, getting wagons, teams, tools and farming implements, and building materials, preparatory to the commencement of building and farming operations. In various other localities, and at each of the agencies, I had unfinished business, to which I was compelled to attend and which employed all of my time from July 1st to September 1st 1873, and I now enclose herewith receipted vouchers for my services during that time (2 months, $416.67). If I should have to lose this amount in addition to what I have had to contribute to national, state and county committees, the amount realized from the office during the time I have had it would be but little more than sufficient to pay my board. Having formed no "rings" and been interested in no "contracts," the loss of these two months' time, faithfully employed in the service, would work a very great hardship upon me, and I therefore insist that said vouchers be paid at once. I could not avoid doing the work, and no man is required to serve the public without compensation. To pay this out of the "Incidental" fund would be legitimate. Relying implicitly upon your sense of justice, I deem it unnecessary to say more.
Hon. C. Delano
    Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 129-136.



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



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



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



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



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



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



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



Edward P. Smith
    Indian Commr. W.D.C.
Modocs consist of thirty-nine men fifty-four women sixty children. Detailed report by families forwarded to Department headquarters Oct. thirtieth.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 775-776.



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



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



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



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



Sir:
    In compliance with your communication of the 20th ultimo I have the honor to submit the following regarding the qualifications of
A graduate of the "Louisville Medical College," Ky., graduated in 1858. Practiced medicine in McLean Co., Ky. until 1872. Moved to Oregon in 1872, settled in Yamhill Co. & practiced his profession. Has a wife & two children, now living at this agency.
    I regard him as possessing the requisite qualifications demanded by the position he occupies.
Hon. Commissioner Ind. Affrs.
    Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 896-898.



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



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



    The Klamath Indians are on their annual raid to Jacksonville to buy and steal their winter's supply of luxuries.
    Thirty-one cases appear on the docket for disposition in the Circuit Court for Jackson County, which convened on the 10th instant. Two murder cases against white men and nine against Scar-Faced Charley and other Indians are pending. "Oregon Items," Sacramento Daily Union, November 15, 1873, page 1



Hon. E. P. Smith
    Com. Ind. Affrs.
        Washn. D.C.
Arrived here noon yesterday without accident or delay. Comfortably quartered. Agent Jones will meet me this p.m. Capt. Jack's family all in dark mourning; rest of Indians in good spirits.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 1262-1263.



Hon. J. W. Nesmith
    Sir
        I take this occasion to write you a few lines, as per promise. I am now footloose. I have been discharged, not suspended, from the reservation, by Coonager [Comegys?] and would not give me any reasons. I think rather arbitrary. I consequently left the matter in the hands of the Indian Commissioner at Washington.
    The three principal chiefs of the Umatilla Reservation have written to the Commr. about it.
    They are much opposed of the course taken by the agent, Catholics as well as the outsiders.
    You can help me much in the matter.
    Will you also do me the favor to procure me a permit to take some of the Warm Spring warriors to Washington and to other eastern cities. They ask and desire that privilege. They claim a right, on the ground that they do not belong to any particular reservation. They live at the Tygh Valley and mouth of John Day's River on the Columbia, also had done good service for the government in fighting its battles at the Lava Beds. They do not ask the government to defray their expenses; they will go on their own account, under my care and Donald's, and when you apply for the permit, especially for Dr. Wm. C. McKay and Capt. Donald McKay of the Lava Bed celebrity, as there are other parties who will try to get the same kind of permit.
    We will bind ourselves, if necessary, for the good care and attention. But it will be unnecessary, as I and Donald are well acquainted and intimate with them. They look upon us as their people and tillicums and will not go with any other parties. Have the permit to read as follows, Umatilla, Yakima & Warm Spring. I may take some from each of the above reservations.
    I am confident that you can do me the above favor. Will you please, and inform me of your actions in the matter. I hope and feel confident that you will do all you can for our country. Your election has given a general satisfaction even to the rank Republicans. I hope, General, that you will fully fill the expectations.
P.S. address
    Pendleton
        Umatilla Co. Org.
   
Hon. Columbus Delano
    Secretary of the Interior
        Sir,
            I have the honor to enclose herewith the application of Dr. Wm. C. McKay of Oregon asking permission to bring to the eastern cities a few Indians of different tribes in Oregon, which he proposes to do at his own expense. I would earnestly recommend that his request be granted. Dr. McKay is himself a mixed blood, his mother being a native Indian woman. His grandfather went to Oregon I think in 1811 and was one of the persons who was on board Astoria's ship the Tonquin, which was blown up at Nootka Sound.
    The Dr. himself is a gentleman of culture, having been educated in New York and returned to Oregon 1843, where he has constantly resided and during which time I have been intimately acquainted with him. By an early reply I will feel greatly obligated.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 618 Oregon Superintendency, 1873, frames 409-414.



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



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



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



    The Jacksonville Times says: "A petition against the abandoning of Fort Warner in favor of Fort Bidwell, California, is now in circulation, and is meeting with numerous signatures. Lieutenant Winter was detailed a short time ago to examine into the matter of abandoning either Fort Warner or Fort Bidwell, and with the favoritism always displayed by the federal government in favor of California, has decided on squelching the former fort. It is to be hoped the remonstrance against such proceedings will succeed at headquarters."
"Oregon Items," Sacramento Daily Union, November 29, 1873, page 4.


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



Sir
    I respectfully ask instructions relative to my duty respecting Alsea Sub-Agency.
    When the property at that place was turned over to me I received the following instructions from Supt. Odeneal:
    "Sir, I am directed to transfer to you and take your receipt for public property at Alsea Sub-Agency. Mr. Geo. P. Litchfield will continue in charge as commissary till an agent is appointed who will receipt to you. You will have nothing to do with the agency further than to receive and forward the monthly and quarterly reports of the commissary in charge &c. &c."
    As I had been directed to obey instructions of Mr. Odeneal, and as this deprived me of all control over that agency, I have--in the absence of other instructions from the Department--abstained from any interference with that agency and obeyed to the letter the orders I had received, merely receiving and forwarding the reports of the commissary.
    I respectfully ask if I am expected to exercise control over that agency, to be responsible for purchases and disbursements, and if the returns should be incorporated with my Quarterly Report of Property. &c.
Hon. E. P. Smith
    Commissioner Ind. Affairs
        Washington D.C.
   
[penciled on the transmittal in another hand]
Fairchild will have full charge of Alsea Sub-Agency until further orders.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 617 Oregon Superintendency, 1872, frames 1068-1070.



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



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



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



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



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




Sir
    I would respectfully ask permission to purchase two good horses for Department use at Yainax Station, to be paid for from funds for "Support of Shoshones & Bannocks."
    There are but three Dept. horses there, and they are necessarily overworked and are becoming worthless.
To
    Commissioner of. Ind. Affrs.
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 619 Oregon Superintendency, 1874, frames 241-242.



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



Sir
    As I have had the honor of stating to you in my letters of Sept. 19 and Dec. 4th I was instructed by Supt. Odeneal to "have nothing to do" with Alsea Sub-Agency "further than to receive and forward the monthly and quarterly reports of the commissary in charge" &c.--Inspector Kemble having directed me to assume control of that agency, I have the honor to report the following indebtedness of the agency as follows--

	Prior to July 1st under Geo. P. Litchfield, special commissary in charge	$  230.95
	Subsequent to July 1st and prior to Oct. 1st 1873	1100.00
	Making a total since the present	$1350.95

Commissary assumed charge up to beginning of 4th qr. During the 4th quarter the expenditures will not vary far from $1100.00, which is not yet fully adjusted. I respectfully submit the enclosed requisition for funds to that sub-agency and ask that they be forwarded as soon as practicable.
Hon. E. P. Smith
    Commissioner Ind. Affairs
        Washington D.C.
NARA Series M234 Letters Received by the Office of Indian Affairs 1824-81, Reel 619 Oregon Superintendency, 1874, frames 445-448.



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



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



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