The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-14

L conserving 8ulCaDIe
terms with the whites were to be permitted to re-
main IN undisputed possession OF all their
lands on Lost RIVER to hold and use for
nshng and hunting so long as they
should exist as a tribe. On their part
IL was agreed that they would never moleSt any
Whlte man crossing their lands; that they wo b ID
Terry all persons passing through across Io.,
River, and also permit the cattle ana bors.s ~
=" TO settlers near them full range OF ali their
iene,... ''eele, though at this period an In.
land" Mr. D. 'rnia, had no authority or
dian agent IN O@n'~ 'th tribe OF Indians
49,. " ,-..r,ore we're not in his district. Such
sn.aor,,,,s require the consent and approVai Of
the prxsident and senate. It's plain therefore,
that sne treaty between Mr.. Stee.e Wv
had no more weight than "talKn between o pri-
vate citizen and Captain Jack.
A FORMAL TREATY soiFxNLY RATIFIED
1t fS clear, however, that the authorities at
Washington did not regard what Mr.. Steele had
done as invested with the sacred character of a
treaty; for during the Fall Of the same year two
citizens OF Oregon-Messrs. Huntington and LSS-
gan-were appointed and empowered to make
a treaty with the Modocs and other Wild tribes
and locating reservation which to col
onize them. This the Commissioners accomplished
the Modocs, for certain stipulated considerations
agreeing to cede their lands on Lost River ana to
remove on the Klamath reservation, which had
been located. This all happened subsequently to
Steele's agreement, As the terms this treaty are
entirely repugnant to those OF the one made with Mr.
Steele the Modocs, OF course, abandoned whatever
rights they might have claimed under that, II it
ever had any validity. Furthermore, Captain Jack
acknowledged his acceptance oil this treaty in the
most formal manner by going on the reservation
In 1869 in pursuance OF its terms
CAPTAIN JACK VIOLATES THE TREATY.
SO far, therefore, from Captain Jack being on his
own territory atLost River, after leaving the reser
walton in 1862 he was there in violation of the
press terms OF atreaty the binding obligations OF
which he had himself acknowledged in the most
solemn and formal manner. We find In October last
Captains JACK and his followers camped
on the banks of Lost River, exhibiting more
than their usual insolence to the settlers and
in numerous instances committing depredatlons
on their stock They ordered settlers to leave and
by system ofterror levied on them for -four, beef
and other supplies. This occurred one month
prior TO the first battle with the Modocs on Lost
River and it shows that the charges of aggression
and outrageous conduct on the part of the Indians
towards their white neighbors have not been
trumped up since the commencement of the diff.
culties.
HoSTTLITIEs BREAK OUT-sLAUGHTER OF SETTLERS.
The settlers petitioned for their removal, and
Major Green. with his command was directed to
take them back peaceaby If he could, forcibly II he
must, to the Klamath reservation. battle took
place last Thanksgiving Day, in which the troops
were beaten. The Indians retired to the lava BEDS
where they have since remained. A party OF the
Modocs while on their way to this stronghold MUIR
dered fifteen settlers, for which crime they were
indicted by an oregon Grand Jury. The fear of being
ptnd
been pretence with Captain Jack for hestating
to surrender, though General CANDY has repeatedly
pledged the faith OF the government that If he
rendered no harm would come to him any of his
tribe. After the retreat OF the Indians to the lava
beds a concentration of troops began from Forts
Bidwell and Warner and from more dist mt points.
The soldiers were encamped at different camps,
extending from Clear Lake to Van Bremer's and
up to Lost River. day was fixed upon to sur
round the camp and secure the Indians. The 18th
OF January happened to be exceedingly dark and
foggy. and unfortunately an attack was made on
that day. The result is well known Screened
from all observation by the rocks, the Modocs shot
down the soldiers rapidly and not an Indian was
killed In return. Ten soldiers were killed and
| twenty wounded.
ARRIVAL OF GENERALS CANDY AND GILLEN
Colonel Gillem Of the First cavalry, ordered
to take direction OF the troops and General Candy
Commander OF the Department OF the Columbia,
soon after appeared before the lava BEDS In the
meantime large force OF cavalry, artillery and
infantry with twelve guns and howitzers, was
collected. peace commission was appointed in
February, and its failure has been recorded 1t
decided that the only way OF settling the difficulty
was by the removal Of the Indians The terms
offered the Modocs that they should surrender
to General Candy and be removed to Angel Island
IN the harbor OF San Francisco, and from thence be
taken to Arizona. The Department OF the Interior
however, changed their ultimate destination to the
Indian Territory, between Kansas and Texas. This
was not understood by the Indians and Steele was
sent back to the cave, where he narrowly escaped
being murdered by Schonchin, the son of the great
chief The threat to renew war brought deputa-
ton OF Indians to General Canby's headquarters
including Mary, Captain Jacks sister, who shed
tears as she announced the submission of her tribe
Wagons were sent to meet the Indians the day
appointed for them to come In, but they failed TO
appear. 1t was reported that at the last moment,
as the Modocs about leaving their strong
hold, the women commenced to weep loudly which
caused the savages to change their minds and
break their engagement.
GRADUAL COMPRESSION COMMENCED
General Candy now commenced a system OF
gradual compression, believing that an exhibition
OF the force he could against them would satisfy
the Modocs OF the hopelessness OF any further
resistance, and give the peace party sufficient
strength to control the whole tribe Besides this,
1t was his design to protect the settlers by prevent
ing any raids from the stronghold OF the savages.
IL was given out that Captain Jack had been
threatened with death If he gave up the men
charged with the murder of settlers, and talk had
with him, on March 23d led General Gilem to think
that he acted like q man held under duress and
afraid TO exhibit his real feelings. Four days later
Captain Thomas, with a troop OF cavalry, made
reconnaissance OF the country between Van
Bremers and the lava beds, during which he
captured some horses. This gave the Indians
offence, and it was pretended that General Candy
could not control his soldiers, and 1t therefore
unsafe TO surrender. return OF the animals was