On the morning of January 1st, 1870, Captain Jack’s band of Modoc Indians was placed in charge of Captain Knapp, under favorable circumstances. Supplies of beef and flour were secured and issued to them in sufficient quantities. Indeed, they were better fed than other Indians belonging to the agency. They had brought with them fish and roots, which, in addition to rations issued as above referred to, was altogether sufficient; and, having obtained from Agent Knapp the necessary implements, they began work in good earnest, by cutting saw logs, making rails, and hewing house logs, preparing to make a permanent settlement at Modoc Point. The arrangements had been fully explained to the Klamaths, Wal-pah-pas, Snake Indians and Modocs, at the peace-making under the great witness tree, and fully agreed to by all parties.

It was further agreed and understood, with the consent of the Link-river Klamath Indians, who partially occupied the land so taken for the Modoc home, that the Modocs were to share equally with them in the use of the timber on the side of the mountains nearest to the new settlement.

The land was designated lying adjacent, and the Modocs were to select the particular tract that each might desire for a home, with the understanding that they were to be the owners thereof, and that, when allotments of land in severalty should be made, by order of the Government, as stipulated in the treaty of 1864, the selection then made should be ratified and confirmed to the occupant. With this understanding, Jack and his people began improvements for a new home, and, I believe, with a full, settled determination to make it permanent.

No semi-savages ever went to work more cheerfully than did these people. Whatever may have been their faults, or what of crime attached to them since, this fact should be remembered,—that they did then acknowledge the obligations of the treaty. Mark the succession of events, and you will have some conception of the motives and reasons why the late unfortunate Peace Commissioners, with the lamented Gen. Canby, continued its labors, and protracted its efforts, to secure peace with the Modocs, even when hope seemed forlorn, and the public press were hurling denunciations against the “Peace policy,” and the Commissioners especially.

Gen. Canby knew all the circumstances, as did Dr. Thomas and myself, and with a firm resolve to be just, we maintained silence, recollecting a memorable saying, “Let them alone; they know not what they do.”

The Modocs worked with a will, and had made several hundred rails, and hewn logs for houses, when avarice, stimulated by envy, brought about quarrels between the Link-river Indians and Modocs; the former taunting the latter, calling them hallo-e-me, tilli-cum (strangers); claiming the timber, though admitting that they had agreed that the Modocs might cut it, nevertheless, saying, “It is our timber; you may use it, but it is ours. You make the rails, but we want some of them.”

Captain Jack’s people recalled the understanding on the day of peace-making. The quarrel grew warm, and Agent Knapp was appealed to, by Captain Jack, to settle the difficulties. This was one of the turning-points of a history that is reeking with blood.

Capt. Knapp was an army officer who had been assigned to duty as Indian agent. That he was a brave soldier, and had made a good record, is beyond question. In his official dealings with the Indians he was honest, I doubt not. He is the only agent that has ever had charge of Captain Jack’s band since the fall of 1864.

Captain Jack and his friends have published to the world that they were starved and cheated by Government agents while on Klamath Reservation in 1870.

I believe the assertion wholly unfounded. Agent Knapp came to the work having no heart in it; no knowledge of the Indian character; no faith in them or their manhood; no ambition to elevate them. It is not to be wondered at that he took but little pains with them beyond seeing that rations were issued,—which I believe was done promptly.

The position was unsought and undesirable, and one he wished to vacate. Had Capt. Knapp been every way qualified for this duty; had his experience given him knowledge of Indian character; had he sought the position, or been selected for it on account of his fitness for this kind of labor, and had his heart been in it; had he been fired with an ambition to do good, by elevating a poor, unfortunate race,—he would have exercised more patience when appealed to by Captain Jack in February, 1870, for redress; he would have prevented all these bloody chapters in Indian history.

Had Agent Knapp promptly interfered, tempering his action with justice, by punishing Link-river Jack for annoying the Modocs, then the Modoc rebellion would have been prevented.

When Captain Jack appealed to Agent Knapp, the latter refused to admit Jack within his office, heard his complaints impatiently, and sent him away with orders to “go on with his work;” “that he would make it all right.”

Jack returned to his home, and, naturally enough, the quarrel was renewed. The Link-river Klamaths, having received neither reprimand nor punishment, were emboldened, and became more overbearing than before.

Captain Jack again applied for protection from further insult, and this time Agent Knapp proposed to change the location of the Modocs to a point on Williamson river, a few miles distant, and nearer the agency.

For the sake of peace, and in obedience to orders, the Modocs changed camp, and again began preparation for making homes.

This brought Klamaths and Modocs in contact, and after Jack had made a few hundred rails, and prepared a few hewn logs for houses, the Klamaths rehearsed the Link-river speeches to them,—taunting them with being poor, and claiming the country, though patronizingly saying, “You can stay here; but it is our country.” “Your horses can eat the grass; but it is our grass.” “You can catch fish; but they are our fish.” When reminded by the Modocs of the treaty and subsequent peace-making, the Klamaths replied: “Yes, we know all that.” “You can have timber, grass, and fish; but don’t forget they are ours.” “We will let you stay.” “It is all right.” Captain Jack went a third time to Agent Knapp, who proposed to move them again, remarking that “next time he would stay moved,” he proposing to Jack to find a new location.

Jack went to search for one; but whether he could not find a location, or whether the constant annoyance on account of quarrels and removals had killed his faith both in agents and Indian friendship, makes no difference. He returned to his camp on Williamson river, called his people together, and laid the whole matter before them.

I have a report of that meeting by “Charley,” a brother of Toby Riddle,—an Indian who commands the respect of all who know him personally. Although this report was made several months afterwards, I believe it to be in the main correct. The substance was, that after all were assembled, including the women and children and Link-river people, Captain Jack stated the case, mentioning the several points as already recited, and saying that he had looked at all the country, but did not find any that he liked as well as Modoc Point, and that he had made up his mind to leave the Reservation unless he could have that place for a house.

Blo, a sub-chief of the Klamaths, said, “Tell Knapp so.” Jack replied that he had talked to Knapp already three times; and that Knapp had no heart for him; and that he was afraid he was a bad man; that “he would not keep the superintendent’s words;” “that he intended to leave the Reservation,” and asked, “Who will go with me? Who wants to stay with a man who has no heart for us?”

Then ensued a protracted discussion, Charley Riddle and Duffy insisting on remaining. The discussion was a stormy one, and continued until a late hour; but in all the speeches no charge of starving or cheating was made.

Finally the question went to a vote, and the proposition to leave was carried by a large majority. It may be here remarked that neither of the Schonchins was present, Schonchin John being at that time loyal, and opposed to the rebellion; and that is about the only thing that can be mentioned in his favor, except that he was a poor shot, as I can testify.

As soon as the vote was put and result known, active preparation was made for departure; in fact, the result had been anticipated, for the horses were all ready, the goods packed, and daylight next morning found Jack and his people retracing the road they had gone over so hopefully eleven weeks before.

I will not spend time speculating on what were the thoughts and feelings of that unfortunate band of people, while fleeing stealthily from their new homes, but will simply say, that the little cavalcade carried with them elements that have developed into hatred and revenge, which has since shocked the moral sense of mankind by bloody deeds of savage warfare that stand out on the country’s history without a parallel.

Returning to the old home on Lost river, and feeling that he was not under obligations to obey law any longer, Captain Jack seems to have begun where he left off; his young men and women visiting Y-re-ka and the mining camps adjacent.

A few weeks later Jack went to Y-re-ka himself, meeting his old friends, who gave him welcome. The Modoc trade may have had something to do with the success of more than one merchant in Y-re-ka. The presence of the Modocs was hailed with pleasure, no doubt, by another class whose social status in society was little better than the Modocs themselves. To these people the Modocs told falsehoods about reservation life, and received in return sympathy for their reputed wrongs, and encouragement in repeating the falsehoods. In this way the belief that they were misused by Government officials has obtained; an unjust censure has been publicly aimed against worthy men. What more natural than the fact that the dissolute portion of the Y-re-ka people should espouse the Modoc cause, and that the better part of society should form their opinions from stories circulated by friends of Modoc women?

Mankind are prone to be swayed in the direction of self-interest, and, when encouraged, any poor mortal may tell a falsehood so often that he really believes it to be true. That Jack, too, confirmed such reports is true, because in the sympathy he found were mingled words of justification. Indeed, a plain, truthful statement of the facts, as they were, was enough to insure him sympathetic advisers.

It is true, then, when Captain Jack returned to Lost river, he was strengthened and confirmed in his ideas of justification, and his determination to remain off the Reservation.

Nothing of grave import transpired until the spring of 1871, although efforts were made in the mean time by the Indian Department, and by old chief Schonchin, to induce Captain Jack to return.

A home at Yai-nax was proposed, and in order that no reasonable excuse on the part of Captain Jack could be found on account of Klamath Indians, and to remove every obstacle, the Reservation was divided into distinct agencies; the western portion being assigned to “Klamath” Indians, and the eastern portion to “Snakes,” “Walpahpas,” and “Modocs.” A district of country was set apart exclusively for the latter. To this new home old Schonchin removed with his people; and a portion of Captain Jack’s band, meanwhile, also, taking up homes. Commissary Applegate, at one time, was hopeful that the whole Modoc tribe could be induced to come to the new home at Yai-nax. Captain Jack visited it, and talked seriously of settling on this location; but while he was hesitating as to what he should do, an unfortunate tragedy was enacted, so natural to a savage state, which completely changed the current of events.

Captain Jack employed an Indian doctor to attend a sick child, and paid the fees in advance,—which, be it understood, secured from the doctor a guaranty; and in case of failure to cure, the life of the Indian doctor was in the hands of the friends of the deceased. The child died, and Captain Jack either killed the doctor, or ordered him to be killed.

Under the old Indian laws this would have been an end of the affair; but under the new order of things it was a crime. The friends of the murdered man claimed that Captain Jack should be arrested and punished under white men’s laws for the offence.

An unsuccessful attempt was made to arrest him. The country was in a state of alarm; it was evident that war would be the result.

Knowing all the facts in the case, I determined to make one more effort to prevent bloodshed. Capt. Knapp had been relieved by an order of the Army Department, and I was instructed by the Indian Department to place a man in charge. Accordingly, John Meacham was sent by me to take Capt. Knapp’s place. About this time I received a letter from Hon. Jesse Applegate, in regard to Modoc matters. His long experience as a frontier man gave his opinion weight. He represented the Modocs with whom he had met, as willing to meet me in council for the purpose of settling the difficulties then existing. He further suggested, that the only sure way for permanent peace was to give them a small Reservation at the mouth of Lost river,—the old home of Captain Jack. He, being a practical surveyor, furnished my office with a small map of the proposed Reservation.

Realizing how much depended then on conciliatory measures, and having confidence in Jesse Applegate’s judgment, I forwarded his letter to Gen. Canby, commander of the Department of the Columbia, with a request that military action be delayed until another effort could be made to settle the difficulties then existing between Captain Jack’s band of Modocs and the Reservation Indians.

Gen. Canby issued the orders desired, and the command to make the arrest was revoked.

The following letter of Instruction to Commissary Meacham will explain the situation. I associated with him on this mission, Ivan D. Applegate, who was then in charge of Yai-nax station, Klamath Reservation. I also requested Hon. Jesse Applegate to go with them. He did not find it convenient, however, and the Commissioners named proceeded under the following letter of instruction, Ivan Applegate being notified of his appointment from my office in Salem.

Under the foregoing letter of instructions the commissioners appointed went into the Modoc country, having previously arranged, through Indian messengers, to meet Captain Jack and five or six of his men. No agreement was made in reference to arms, each party following the dictates of common sense,—by being ready for peace, but prepared for war. The commissioners took with them two persons, making up a party of four well-armed men. It is humane and Christian to carry always the olive-branch of peace, but it is unwise to depend on its sanctity for protection when dealing with enraged savages. Well for Commissioner Meacham and I. D. Applegate that they had forethought enough to go prepared to defend themselves; for, had they not, the list of killed in the Modoc war would have read somewhat different from its present roll of names. There is no doubt that at the time these two young men went out to meet these people, “Schonchin John,” “Hooker Jim,” and “Curly-haired Doctor” were in favor of assassinating them, and were only prevented by Captain Jack and Scarface Charley. The information comes through Indian lips, but I believe it to be true.

I desire the reader to note that this was the second time assassination was proposed by these people, and each time frustrated by Captain Jack; and, further, that I was subsequently informed each time of their intended acts of treachery by Tobey Riddle, through her husband.

The council was held in a wild, desolate region of country, many miles from the nearest white settlement. Captain Jack and nearly all his men were present, and all armed.

It should be understood that at that time, as afterward in the Lava Bed, the Modocs were suspicious of Captain Jack’s firmness in carrying out the wishes of his people. This feeling was augmented by Schon-chin John, who was ambitious for the chieftainship, and constantly sought to implant distrust of Jack’s fidelity in the minds of the Modocs. This accounts for more than the number agreed upon in this, and, in fact, in all subsequent meetings. Jack, nevertheless, was the acknowledged chief, but not on the old basis of theory of absolute power; he was only a representative chief. That he had not absolute control over them was owing to his own act of teaching them the republican idea of a majority ruling; or it may be that the band had demanded this concession on his part.

Nearly all of them had associated with white men, and had thereby acquired crude ideas of American political economy.

It was in this case of the Modocs a curse, instead of a blessing. Had Jack exercised the old despotic prerogative of Indian chiefs, no war would have ensued, no great acts of treachery would ever have been committed. He could and would have buried in the grave, with other wrongs, the “Ben Wright” affair; and while he would have clamored for liberty, in its common-sense meaning, he would have held his people in check until such times as our Government would have recognized his manhood and granted him the priceless boon of a citizen’s privileges.

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

He said he “should not object to the white men settling in his country,” and that he “would keep his people away from the settlements, and would prevent any trouble between white men and his Indians.”

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

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

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

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

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

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

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

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

“The military commander at Fort Klamath made an unsuccessful effort to arrest a few of the head men. Two commissioners were sent from the Indian Department, and a temporary arrangement made whereby hostilities were averted. The Modocs cannot be made to live on Klamath Reservation, on account of the ancient feuds with the Klamaths. They are willing to locate permanently on a small reservation of six miles square, lying on both sides of the Oregon and California line, near the head of the Tule lake. In equity they are entitled to a portion of the Klamath and Modoc annuity funds, and need not necessarily be a burden to the Government; but, according to the ruling of Commissioner Parker, they have forfeited these rights. I would recommend that they be allowed a small reservation at the place indicated above, and also a pro-rata division of the Klamath and Modoc treaty funds for employÉs and annuities; otherwise they will doubtless be a source of constant expense to the Government, and great annoyance to the white settlements near them. Though they may be somewhat responsible for not complying with the treaty, yet, to those familiar with Indian superstition, it is not strange or unreasonable that great charity should be extended to these people.”

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

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

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

This state of affairs could lead to but one result,—blood. The petitions could not be disregarded. Action must be had, and that without delay. General Canby was appealed to; having rescinded the order for the arrest of Captain Jack the previous summer, he was slow to issue another looking to the same end. He believed, as I did, that any attempt to compel the Modocs to return to Klamath would endanger the peace of the country. Captain Jack had failed to keep his part of the late contract, and had thereby forfeited any claim to further clemency.