having been approved by the President of the United States, he commands that they be published for the information of all concerned : By order of the Secretary of War:

E. D. TOWNSEND,

Assistant Adjutant-General.

[EXTRACTS.]

11. The law of war does not only disclaim all cruelty and bad faith concerning engagements concluded with the enemy during the war, but also the keeping of stipulations solemnly contracted by the belligerents in time of peace, and avowedly intended to remain in force in case of war between the contracting forces.

59. A prisoner of war remains answerable for his crimes committed against the captor's army or people, committed before he was captured, and for which he has not been punished by his own authorities.

101. While deception in war is admitted as a just and necessary means of hostility, and is consistent with honorable warfare, the common law of war allows even capital punishment for clandestine or treacherous attempts to injure an enemy, because they are so dangerous, and it is so difficult to guard against them.

114. So sacred is the character of a flag of truce, and so necessary is its sacredness, that while its abuse is an especially heinous offense, great caution is requisite, on the other hand, in convicting the bearer of a flag of truce as a spy.

A true copy:

H. P. CURTIS,

Judge-Advocate U. S. A., Judge-Advocate Military Commission.

C.

[Orders No. 93.]

HEADQUARTERS FORT KLAMATH, OREGON,

November 28, 1872.

In compliance with the request of the superintendent of Indian affairs for Oregon, dated Link River, November 27, 1872, Capt. James Jackson, First Cavalry, with all the available men of his troop, will proceed at once, via Link River, to Captain Jack's camp of Modoc Indians, endeavoring to get there before to-morrow morning; and if any opposition is offered on the part of the Modoc Indians to the requirements of the superintendent, he will arrest, if possible, Captain Jack, Black Jim, and Scar-Faced Charley. He will endeavor to do all this without bloodshed, if possible; but if the Indians persist in refusing to obey the orders of the Government, he will use such force as may be necessary to compel them to do so; and the responsibility must rest on the Indians who defy the authority of the Government.

Captain Jackson is authorized to make any expenditures that may be necessary for the accomplishment of this object.

The post-quartermaster will send a pack-train with supplies to follow the troop, and he is authorized to hire such packers as may be neces

sary.

The troop will carry three days' rations on their saddles.

Asst. Surg. Henry McElvery and Lieutenant Boutelle, acting postadjutant, will accompany the expedition.

By order of Maj. John Green:

A true copy:

F. A. BOUTELLE, Second Lieutenant First Cavalry.

G. W. KINGSBURY,

Second Lieutenant Twelfth Infantry, Post-Adjutant.

D.

[Duplicate.]

CAMP AT CRAWLEY'S RANCH,

Lost River, Oregon, December 2, 1872.

MAJOR: I sent you, two days ago, a hasty report of operations in the field. I have now the honor to submit a detailed report of my operations since I left Fort Klamath, Oregon. In compliance with your order No. 93, November 28, 1872, I moved from Fort Klamath, Oregon, at 11 a. m., with Lieutenant Boutelle, Doctor McElderry, thirty-six men of B Troop in column, and four with the pack-train. Guided by Mr. Ivan Applegate, we marched all day and night through a heavy rain-storm, and arrived at the principal camp of the Modoc Indians about daylight. Forming line, I moved down on the camp at a trot, completely surprising the Indians and creating great commotion among them. Halting just at the edge of the camp, I called to them to lay down their arms and surrender. I also got Mr. Applegate to interpret to them my intentions, and ask them to comply with the orders of the Indian Department. Some of them seemed willing to do so, but Scarfaced Charley, Black Jim, and some others, kept their guns and commenced making hostile demonstrations against us. After repeated demands on them to lay down their arms and surrender had been unheeded, and seeing that the hostile Indians were getting more numerous and determined, I directed Lieutenant Boutelle to take some men from the line and arrest the leaders, if possible. This order was followed by firing on the part of the Indians, and a general engagement ensued. I poured in volley after volley among the worst men, killing the worst of them, capturing the camp, and driving the Indians to the refuge of the brush and hills, from whence they kept up a desultory fire for some little time. I lost during the engagement, and almost at the first fire, one man killed and seven wounded, and one horse killed. After driving the Indians out of range it became necessary to take care of the wounded, to prevent the squaws remaining in camp from killing and mutilating them. Leaving a slight skirmish-line in charge of Lieutenant Boutelle, I took what men could be spared and had the dead and wounded carried to the riverbank, and from there carried across the river and carried to Crawley's ranch, about a half mile below. I then dismantled the camp, capturing Jack's three rifles and his two saddles. All Indian guns found in camp were broken up or thrown into the river. At the same time that I moved on the main camp of the Modoes a smaller camp on the north side of the river was attacked by ten citizens, among them Mr. Oliver Applegate, Mr. Brown, Mr. Jack Bennett, Mr. Dennis Crawley, Mr. C. Monroe, Mr. Thurber, Mr. Calwell, and others. They also demanded the surrender of these Indians, which was not acceded to, and when the firing commenced in the main camp they opened fire on the citizens and the citizens on them. One citizen (Mr. Thurber) was killed, and it is be lieved several Indians were killed and wounded.

The citizens, after the first attack, retired to Mr. Crawley's ranch and kept up the fire at long range, preventing the Indians from crossing the river and attacking my flank or rear. Two citizens coming up the road and not knowing of the fight, were shot, one mortally, and the other dangerously wounded. Soon after the fight Mr. Applegate, Mr. Brown, Mr. Barnett, and some others, left to warn citizens in other places of danger, leaving but a small force at the house where my wounded had been sent, and where a family resided. Mr. Crawley rode

up and asked for protection at the ranch, stating that the Indians were preparing for a new attack. I mounted the command and moved out at a trot for the ford, some eight miles up the river, sending Lieutenant Boutelle with a skirmish-line to clear the Indians out of the sage-brush, which he did effectually. It was between 3 or 4 o'clock when the troop arrived at the ranch, where we took post to await supplies and care for the wounded. While moving around to the ranch, some straggling Indians collected on the other side of the river and burned a hay-stack and house belonging to Mr. Monroe. After this they moved out down Tule Lake, for their refuge in the caves and rocks south of the lake. One band from the north side of the river, who had been fighting the citizens, moved down on that side of the lake during the fight, and commenced killing the unarmed inhabitants of Tule Lake Valley.

It was not until the next morning, after the fight, while sending the wounded away in charge of the surgeon, that I learned there were any inhabitants near the scene of the conflict, or that they had been unwarned of approaching danger. I immediately sent a detachment with Mr. Crawley to ascertain the condition of the fate of these people. He visited the first place, Mr. Boddy's, about three miles and a half below his (Mr. Crawley's) ranch, and found the house deserted, but everything in order, no sign of attack or murder, no tracks around the house, a dog tied to the door step, and animals in the corral. Thinking from appearances that the family must have had warning and fled, and believing that the warning had been carried down the valley, he came back and so reported.

That evening, November 30, I moved to the ford to meet the supply. train and prevent its being intercepted by prowling bands of Indians. The pack-train came up at midnight, and the next morning, December 1, the command was moved back to Crawley's ranch for station, until such time as supplies sufficient for a campaign could be collected. The evening of December 1, two citizens, residents of Tule Lake Valley, came in and reported that the men of the Boddy family had been murdered right after, or during the fight, by the band of Indians, who had escaped, and that the women of the family had not been molested, but had walked across the mountains to Lost River bridge, and were then at Linkville. Lieutenant Boutelle, with a detachment, was sent down with these men this morning, and some of the bodies of the Boddy family found in the timber, quite a distance from the house, where they had been cutting and hauling wood. The detachment was proceeding on down the valley, when they were met by Mr. Ivan Applegate, Mr. Langell, and some others, who had come up the valley, visiting the ranches on the north side of the lake. They reported the killing of the men of the Brotherton family, (three,) two herders, and Mr. Henry Miller. Mrs. Brotherton and her two little boys had fought the Indians away from the house, wounding some of them. She, with her three children, two boys and a little girl, came up with the party of citizens and soldiers, and are now at this station. Quite a party of citizens have collected here. To-morrow quite a large force will move down the valley to hunt up the remains of the murdered inhabitants. I send you a list of those known, or supposed to have been killed: Mr. Wm. Boddy, Rufus Boddy, Wm. Boddy, jr., Nicholas Sheaver, Wm. Brotherton, W. K. Brotherton, Rufus Brotherton, Christopher Erasmus, Robert Alexander, John Soper, Collins, and Henry Miller.

I have sent a detachment to Clear Lake, for the protection of Mr. Jesse Applegate's family, and will move the infantry you send me into Langell Valley and Clear Lake, the only places now threatened. A

company of Klamath Indians, thirty-six in number, commanded by Captain Ferree, of Klamath Indian agency, came in to-day, and will go out on the trail of the Modocs to-morrow to hunt them up and keep them from raiding until the troops can move on their hiding places. I think it will be necessary to make a depot of supplies at this point, as beyond this, in the direction the Indians have gone, wagons cannot be moved any distance, and the troop will have to depend on a packtrain for supplies. The troop behaved splendidly under fire although a number of the men were råw recruits.

Dr. McElvery was present in the field during the fight, and I take great pleasure in commending him and Lieutenant Boutelle for coolness, gallantry, and efficient service.

I am sir, very respectfully, your obedient servant,

Maj. JOHN GREEN,

JAMES JACKSON, Captain First Cavalry, Commanding B Troop.

First Cavalry, Commanding Fort Klamath, Oregon.

Signed by Capt. James Jackson, First Cavalry, and made by him a duplicate of original report.

July 2, 1873.

H. P. CURTIS,

Judge Advocate of Commission.

FORT KLAMATH, OREGON,
July 8, 1873.

COLONEL: The telegram from you stopping other trials by this commission than that of the assassins of General Canby and the peace commissioners, was received by me this morning. The trial of the slayers of Lieutenant Sherwood is not prohibited by it, but that case it is impossible to try, for the reason that of the three Indians who are suspected of committing the murder, one, Curly-headed Jack, has killed himself. Miller's Charley is not in custody, and the third caunot be known nor identified.

Lieutenant Davis, on leaving for Camp Warner and Portland, handed me a list of the able-bodied Modocs in arrest here, but did not desig nate whom I was to try. Four of these Modocs, namely, Steamboat Frank, Hooker Jim, Bogus Charley, and Shacknasty Jim, are know as scouts. They were employed, as you know, in pursuing others of the hostile band, and, according to every testimony, did most ethicist and faithful service, and did very much toward shortening the war. I decided not to arraign them for their participation in the assassination of General Canby, therefore, though all were more or less concerned in it.

I am not aware that General Davis promised them immunity; but I am assured by Captain Hasbrouck, Fourth Artillery, and others, that they proved themselves of the highest efficiency and value, so much so as to earn protection from punishment; and I learn from Mr. Riddle. the interpreter, that he, himself, translated to Hooker Jim an assit ance from the lips of Colonel Green, lately commanding this post, the following words, or nearly: "You will not be hurt-you shall not be hurt."

Additional to this their treatment by General Davis while in his hands has been such as seemed to me to be virtually a promise of protection

from the punishment of their crimes; for they are left wholly free, permitted to go unguarded about the fort, and might leave the place at any time if they saw fit. I was told by General Davis that I might try them if I pleased, but he recommended their employment as witnesses in the character of State's evidence. Of the four, I believe Hooker Jim the worst by far. Him I had intended to use, if possible, in the trial of the Lost River murderers of citizens in 1872.

Should it be the intention of the Government to turn over to the State authorities such prisoners as were indicted for these murders, I believe it my duty to urge that these four men be reserved from that fate, both because of their services in ending the war, and of the quasi promises which would seem to have been made thein that they should be protected. I am informed that the indictments were found on the information of Mrs. William Boddy, and that of those indicted several are known to have had no part in the murders referred to, and that Mrs. Boddy made more than one mistake in her designation of the guilty.

I have omitted to state an additional reason which influenced me in deciding not to arraign the four so-called scouts. I believed that there could be no better policy than that of teaching these savages that treachery to their race, under such circumstances as those which have obtained here, would meet with its sure reward. I may have been wrong in permitting this consideration to have weight; but, left to decide the question of their trial by my own unaided judgment, I could do no otherwise than act in accordance with what seemed the wisest course.

I therefore respectfully invite attention to the claims of these four men, all of whom testified to-day at the trial of the slayers of General Canby and Dr. Thomas.

Very respectfully, your obedient servant,

Lieut. Col. J. C. KELTON,

H. P. CURTIS, Judge Advocate Commission.

A. A. G., Military Division Pacific.

P. S.-I should, perhaps, more properly have addressed this communication to, or through, General Davis, commanding this Department, but he is now on his march through the country toward Portland, and the necessity of haste seems to me to require a deviation from the usual

HEADQUARTERS DEPARTMENT OF THE COLUMBIA,

Portland, Oreg., July 29, 1873.

This communication is respectfully forwarded to the Bureau of Military Justice, with the proceedings in the cases of Captain Jack and the other Modoc Indians just tried, with the remarks that when the Hot Spring party of Jack's band was captured near Fairchild's ranch, I soon discovered that the separation had been caused by a feud or quarrel among themselves. Seventeen warriors, with old men, women, and children, amounting in all to about seventy persons, had left him. In