This policy was agreed upon by as many of the Oregonians as could be got together. Styling ourselves an "Oregon delegation," we called upon Attorney-General Williams, and submitted the matter to him. We promptly received a note from the attorney-general, stating that Secretary Delano would be glad to see us in regard to this matter, and on Sat.u.r.day, the 25th, we called upon him. We found him a pleasant gentleman, with a very serious business expression about his face. He heard our statements and opinions with great patience, and requested a statement in writing of our views, for the purpose of bringing the matter before the cabinet and President. The following is the said doc.u.ment, which was signed by the aforesaid Oregon delegation:--

WASHINGTON, D. C., January 27th, 1873.

_Hon._ C. DELANO, _Secretary Interior_:--

DEAR SIR: We would most respectfully submit the following notes or memoranda, in compliance with your request, on the 25th, that we should embody in writing the views which we had just expressed on the situation of affairs in the Klamath and Modoc country, in Southern Oregon:--

The Indians and military are incompatible. They cannot peaceably dwell in contact. Soldiers should not be allowed to go on an Indian Reservation at all. An agent in charge of an Indian Reservation should have the right to determine who should be about the Reservation.



The Modocs and the Klamaths have been at war as far back as tradition knows. The Klamaths persecute the Modocs when the Modocs are on the Klamath Reservation, because this Reservation is in the country of the Klamaths. This is a most irritating cause of discontent with the Modocs.

The near vicinity of the Modocs to the ancient home of their fathers adds to their discontent. Moreover, the Modocs do not understand that they have justly parted ownership with their old home. The Modocs are desperate.

Their disposition now is to sell their lives as dearly as possible; not to submit to the military. Active military operations should be suspended immediately. Soldiers should remain in guard only (the regulars) of the settlements against a raid by those Indians until a peace officer reports on the situation.

_Because_ to undertake to drive those Indians to the Reservation by force would involve a considerable loss of life and property, and great expense to the Government.

_Because_ war and bloodshed in such close proximity to Klamath and Yai-nax would produce disaffection among all those Indians, which would continually augment the force of the insurgents, and even endanger a general uprising and breaking up of those Reservations; and discontented Indians from everywhere would seek the hostile camp, and make out of a little misunderstanding a great war.

_Because_ to force Indians on to a Reservation by arms, and keep them there against their will, would require a standing army or a walled-up Reservation.

_Because_ those Indians already know that the Government is able to annihilate them. There is nothing, therefore, to be gained in merely making them feel its power. Their extermination would not be worth its cost. And, moreover, they look to the Government to protect them against local mistake and wrong.

_Because_ they cannot, under the present juncture of affairs, be taught by force the justice of the Government; for, to them, it is an attempt by force to enforce an injustice--to force them to abandon their own home and leave it unoccupied, while they are quartered upon the Klamaths; to use the wood, water, gra.s.s, and fish of their ancient enemies, and endure the humiliation of being regarded as inferior, because dependants; and particularly so since those Indians had been quieted for some time with the a.s.surance that their request for a little Reservation of their own would be favorably considered. They, therefore, considered the appeal to the military to be premature, as a definite answer to their pet.i.tion had never been had. Different tribes of Indians can be better harmonized together where none can claim original proprietorship to the soil.

The Klamaths, Yai-nax, and Modocs all ought to be removed to the Coast Reservation, a portion of which, lying between the Siletz and Tillamook, west of the Grand Ronde, capable of sustaining a large population, remains unoccupied, abounding in fish, game, and all the products of the soil to which Indians are accustomed.

A peace commissioner should hasten to the scene of trouble as coming from the "Great Father" of all the people, both whites and Indians, with full authority to hear and adjust all the difficulties.

On account of his personal acquaintance with those Indians and their implicit confidence in him, we would respectfully suggest and recommend Hon. A. B. Meacham as a proper man to appoint as a peace commissioner for the adjustment of difficulties with those tribes and the carrying out of the policy herein indicated.--[SIGNED AS ABOVE STATED.]

The day following the filing of the above set of "_Becauses_" and recommendations, I received a note inviting me to the Interior Department.

When notified of my appointment as Chairman of the Commission, I then expressed doubts of its success, giving, as a reason, the intense feeling of the western people against the Modocs and any peace measures; also as to the safety of the commission in attempting to negotiate with a people who were desperate, and had been successful in every engagement with the Government forces.

It is well known at the department in Washington that I accepted the appointment with reluctance, and finally yielded my wishes on the urgent solicitation of the Hon. Secretary of the Interior. The fact that I knew the Modocs personally, and that I had been successful, while Superintendent of Indian Affairs for Oregon, in managing them peaceably in 1869, was given as one reason. Another was, the sympathy I had for them on account of the treatment of them by the Klamaths; and another still, humanity for the soldiers whose lives were imperilled by the effort to make peace through blood, and charity for a poor, deluded people, whose religious infatuation and hot blood had forfeited their right to life and liberty. My heart was in sympathy, too, with the poor, bereaved wives and mothers, made so by Modoc treachery; but I did not believe that doubling the number of widows and orphans would make the griefs of the mourners less, or lighter to be borne.

The sands of the sage-brush plains had drank up the blood of a score of manly hearts; immersing the lava rocks in blood could not make the dead forms to rise again.

With these feelings, and fully realizing the danger attending, and antic.i.p.ating the opposition that would be raised against the commission, I left Washington on the 5th of February, 1873, with the determination to do my whole duty, despite these untoward circ.u.mstances. The other members of the commission were Hon. Jesse Applegate, a man of long experience on the frontier, possessed of eminent qualities for such a mission, aside from his personal knowledge of existing hostilities, and personal acquaintance with the Modocs, and Samuel Case, who was then acting Indian Agent at Alsea, Oregon. Mr. Case has had long experience and success in the management of Indians; these qualities were requisite in treating with a hostile people. _Both these appointments were made on my own recommendation, based on a personal acquaintance with these gentlemen, believing them fitted for the difficult task a.s.signed the commission._ I accepted the chairmanship more cheerfully, when informed that Gen. Canby would act as counsellor to the commission, knowing, as I did, his great experience among Indians, and the ability and character which he would bring to bear upon the whole subject of the Modoc trouble. I knew him to be humane and wise, and I had not the slightest doubt of his integrity.

The following letter of instructions was furnished for the guidance of the commission.

With these, and the appointment of Messrs. Applegate and Case, I went to the head-quarters of Gen. Canby, then at Fairchild"s Ranch, twenty-five miles from the Modoc camp in the Lava Beds.

I arrived at Fairchild"s Ranch on the 19th of February, where I found General Canby, Hon. Jesse Applegate, and Agent Samuel Case.

The Commission was duly organized, and immediately began operations looking towards the objects sought to be accomplished.

Communication with the rebel camp had been suspended after the visit of Fairchild and Dorris. To reopen and establish it was the first work. This was not easy to do under the circ.u.mstances. There were several Modoc Indian women encamped near head-quarters; but it was necessary to have some messenger more reliable. Living but a few miles distant, was a man whose wife was a Klamath, and who was on friendly terms with the Modocs.

This man, "Bob Whittle," was sent for, with a request to bring his wife with him. On his arrival, we found him to be a man of sound judgment, and his wife to be a well-appearing woman; understanding the English language tolerably well.

A consultation was had, and we decided to send this Indian woman and her husband, Bob Whittle, and "One-eyed Dixie," a Modoc woman, with a message to the Modocs in the Lava Beds. The substance of this message was, that a commission was then at Fairchild"s ready to talk over matters with them.

This expedition was very hazardous.

These messengers left head-quarters early on the morning of the 21st of February, all of them _expressing doubt about ever returning_. Fairchild"s Ranch (our head-quarters) is situated at the foot of a mountain overlooking the route to the Lava Beds, for several miles. We watched the mounted messengers until we lost sight of them in the distance, wondering whether we should ever see them again.

Talk of _heroism_ being confined to race, color, or s.e.x! nonsense; here were two women and a man, venturing where few men would have _dared_ go.

They returned late on the same day, unharmed, and reported having been in the Modoc camp; and bringing with them, in response to our message, the reply, that the Modocs were willing to meet John Fairchild and Bob Whittle, at the foot of the bluff, for the purpose of arranging for a council talk with the commission.

Messrs. Fairchild and Whittle were despatched on the following morning, accompanied by Matilda Whittle and "One-eyed Dixie." Mr. Fairchild was instructed to announce the object of the commission, and, also, who were its members, and to arrange to meet the representative men of the Modocs, on some midway ground, with such precautionary measures as he might consider necessary.

He was also instructed to explain to them the meaning of an armistice,--that _no act of war would be committed by us, or permitted by them, while negotiations for peace were going on_. The meeting with Captain Jack was had by Fairchild and party; the object stated, and the _personnel_ of the commission made known. Captain Jack"s reply was that he was _ready to make peace_; that he did _not wish to fight_, but he was not willing to come out of the Lava Beds to meet us. "I understand you about not fighting, or killing cattle, or stealing horses. Tell your people they need not be afraid to go over the country while we are making peace. My boys will stay in the rocks while it is being settled; _we will not fire the first shot_. You can go and hunt your cattle; no one will shoot you.

We will not begin again first. I want to see Esquire Steele. I am willing to meet the commissioners at the foot of the bluff, but I don"t want them to come with soldiers to make peace. The soldiers frighten my boys."

The messengers returned, accompanied by two Modoc warriors, who were to carry back our answer. These Modocs were Boston Charley and Bogus Charley.

We refused to go to the foot of the bluff unless accompanied by an escort of soldiers, but proposed to meet them on open ground, "_all armed_" or "_all unarmed_." It was agreed that Esquire Steele should be sent for.

Bogus and Boston returned to the Modoc camp with the results of the interview. Steele was invited to head-quarters. Gen. Canby requested by telegraph the appointment of Judge A. M. Roseborough as a commissioner; the request was granted, and, on the morning of the 23d, Steele and Roseborough arrived.

The commission now numbered four. The Modocs had refused to accept all propositions for a meeting that had been made them, so far. Communication was now had, almost daily, between the commissioners and Captain Jack, Frank Riddle and his wife Tobey acting as messengers and interpreters. The Modocs came to our camp in small numbers,--there they came in constant communication with "squaw men" (white men who a.s.sociate with Indian women), whose sympathy was with them.

From these they learned of the almost universal thirst for vengeance,--of the indictments by the Jackson county courts against the "Lost-river"

murderers; the feelings of the newspaper press; the protest of the Governor of Oregon; all of which was carried into the Modoc camp by such men as Bogus and Boston Charley. I stop here to say that these two men were well fitted for the part they played in the tragic event of which I am writing. Bogus Charley was a full-blooded Modoc, whose father was lost in some Indian battle. This boy was born on a small creek, called by the miners Bogus creek; hence his name. He was not more than twenty-one years old at this time. He had lived with white men at various times,--knew something of civilized life,--was naturally shrewd and cunning; the Indians called him a "double-hearted man;" and my readers will honor them for their intelligence by the time we reach the gibbet, where Captain Jack answered for this man"s crimes.

His counterpart may be found in civil life in finely dressed and smooth-talking white men,--who are the scourges of good society,--persons who are all things to all men, and true to none. Boston Charley was still younger,--not over nineteen at the time justice caught him by the neck and suspended him over a coffin at Fort Klamath, November 3d, 1873. He was so named on account of his light complexion and his cunning; and as the Indian said, "Because he had two tongues; one Indian and one white." His father, a Modoc, died a natural death. He had no personal cause for his treachery, and perhaps charity should have been extended _to him_, and his life spared, because he was "_a natural-born traitor,_" according to Modoc theology, and not to blame for his acts.

However, such were the two princ.i.p.al messengers from the Modoc camp to ours,--plausible fellows, who could lie without the slightest scruples.

They came, and were fed and clothed; they _went_, with their hearts full of falsehoods that had been told them by whiskey-drinking white villains.

They, too, were plausible fellows; talked with the old-fashioned "D----n-n.i.g.g.e.r-any-how" sort of a way.

Under such circ.u.mstances it was a somewhat difficult thing to arrange a council with the Modocs on reasonable terms. True, the Modocs did say that they had been told by white men that if Gen. Canby and the commissioners ever got them in their power they would _all_ be hung. But who would believe a Modoc? This was simply an excuse; and, then, no one in all that country would have done such a thing. That was a Modoc lie. n.o.body but Modocs ever tell lies. On the contrary, _every white man was honest_. They all wanted _to stop the war_. Of course they did. Intimate anything else, and you would get a hundred invitations to "target practice" in twenty-four hours; or else you would _fall in a fit_, and never get up again, caused by _remorse_ of conscience for injuring some unnamed individual.

On the arrival of Judge Roseborough and Esquire Steele the commission was convened; a canva.s.s of the situation was had. The proposition was made for Mr. Steele to visit the Modoc camp. He consented to go, believing that he could accomplish the object we had in view. He was _unwisely_ instructed to offer terms of peace. This should not have been done. No terms ever should have been offered through a _third party_,--Messrs. Roseborough, Case, and Applegate voting for this measure. No one questioned Mr.

Steele"s integrity or his sagacity, but many did question the propriety of sending propositions of peace to the Modocs through a third party. This gave them the advantage of refusal, and of the advantage of discussion in offering alternatives. Mr. Steele was authorized to say that an amnesty for all offenders would be granted on the condition of removal to a new home on some distant Reservation, to be selected by the Modocs; they, meanwhile, to be quartered on "Angel Island," in San Francisco harbor, as _prisoners_ of war, and fed and clothed at Government expense. Mr. Steele was accompanied on this mission by Fairchild and "Bill Dad" (correspondent of the "Sacramento Record"), and also one or two other newspaper correspondents,--Riddle and wife as interpreters.

They went prepared to remain over night, taking blankets and provisions.

The Modocs received them with evident pleasure.

After the usual preliminaries were over, the peace talk began. Captain Jack made a long speech, repeating the history of the past, throwing all the responsibility on to the messengers sent by Superintendent Odeneal, denying that either he or his people had ever committed crime until attacked by the soldiers; that he was anxious for peace. Mr. Steele made the proposition to come out of the Lava Beds and go to a new home.

Steele"s speech was apparently well received, and an arrangement was made whereby several Modocs were to return with him to the head-quarters of the commission. Nothing of an alarming character occurred. The party returned in the afternoon of the second day, accompanied by "Queen Mary" (sister of Captain Jack), "Bogus Charley," "Hooker Jim," "Long Jim," "Boston Charley," "Shacknasty Jim," "Duffy," "William," "Curly-haired Jack."

We were on the lookout, and when the now enlarged party came in sight they made an imposing appearance. Steele was in advance, and, raising his hat, saluted our ears with the thrilling words, "They accept peace." Couriers to ride to Y-re-ka were ordered, despatches prepared for the departments, and the various newspapers. A general feeling of relief was manifest everywhere around camp. We felt that a great victory over blood and carnage had been won, and that our hazardous labors were nearly over.

Letters of congratulation were being prepared to send to friends, and all was happiness and joy, when our gray-eyed friend, who was with the party, put a sudden check on the exuberant feelings, by saying, "I don"t think the Modocs agreed to accept the terms offered. True, they responded to Steele"s speech, but _not in that way_. I tell you they do not understand that they have agreed to _surrender yet, on any terms_."

Mr. Steele repeated his declaration, and the speeches, as reported by "Bill Dad," were read, from which it appeared they had greeted Steele"s peace-talk with applause. The Modocs, who came in with Steele and his party, were called up and questioned as to the understanding. They were reticent, saying they came out to _hear_ what was said, and not to _talk_.

No expression could be obtained from them. Of the success of his mission, Steele was so confident that he proposed to return the next day to Captain Jack"s camp, and rea.s.sure himself and the commission. He accordingly started early the next morning, accompanied by the Modocs who came out with him, and "Bill Dad" (the scribe). Mr. Fairchild was invited, but he declined with a peculiarly slow swinging of his head from side to side, that said a great deal; especially when he shut his eyes closely, while so doing. Riddle, also, objected to going, but consented to let his wife Tobey go.

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