hese changes were made without the concurrence of the superintendnt, and, I believe, did not come to his knowledge until after the Modocs ad fled from the reservation. All subsequent attempts to induce them > return have failed. In the summer of last year, and in consequence of complaints against hese Indians, the superintendent sent commissioners to confer with hem, (see my reports of September 2 and November 3, 1871,) who uthorized the Modocs to remain where they then were, until the superatendent could see them. This has been understood as a settlement of he questions, until some permanent arrangement could be made for hem, and unless they have violated some subsequent agreement, I do ot think that the immediate application of force as asked for would be ither expedient or just. They should at least be notified that a new ocation has been selected for them, and provision made for their wants. They should also be allowed a reasonable and definite time to remove heir families, and fully warned that their refusal or failure to remove o the reservation within the appointed time would be followed by such neasures as may be necessary to compel them. I am not surprised at the unwillingness of the Modocs to return to any point of the reservation where they would be exposed to the hos ilities and annoyances they have heretofore experienced (and without adequate protection) from the Klamaths, but they have expressed a lesire to be established upon Lost River, where they would be free from this trouble, and the superintendent informed me last summer that he would endeavor to secure such a location for them. In no other respect are the Modocs entitled to much consideration, and although many of the complaints against them have been found to be greatly exaggerated, they are, without being absolutely hostile, sufficiently troublesome to keep up a constant feeling of apprehension among the settlers. Very respectfully, your obedient servant, E. R. S. CANBY, Brigadier-General Commanding. The ASSISTANT ADJUTANT-GENERAL, Military Division of the Pacific, San Francisco, Cal. [Indorsement.] HEADQUARTERS MILITARY DIVISION OF THE PACIFIC, San Francisco, February 21, 1872. Respectfully forwarded to the Adjutant-General, concurring in the opinion of General Canby that no action should be taken toward a forcible removal of the Modoc Indians until the question of their permament location is settled. J. M. SCHOFIELD, Major-General Commanding. [Inclosure 1.} LINK RIVER, OREGON, January 2, 1872. SIR: The bearer of this is Mr. Charles True. Mr. True resides on Lost River, near the Modoc rendezvous, and owns a land-claim, with stock. The Modoc Indians that have been formerly so troublesome to the settlements in that vicinity, have of very recent date attempted to impose on Mr. True, and also others in that immediate neighborhood, to my certain knowledge. If you can render us any service in having those threatening marauders removed, we would be under great obligations. We all fee! an equal interest in having these Indians removed from our settlements, and placeri upon the reservation where they belong. Any statement that Mr. True makes I w! vouch for, as I am personally acquainted for several years with him, and know him to be a man of his word. Personally appeared before me, the undersigned, this 3d day of January, A. D. 18572one J. M. True, of Lost River, Oregon, who deposes and says that certain Indians, of the Modoc tribe, came to his (True's) house, and knocked down the fences which inclosed his hay-stacks, and turned their ponies on to the hay, and also took hay awai to their wigwams, and also fed hay to their ponies, carrying it away nightly for several nights. They also stole household utensils from Mr. Doten, and halters from Mr. Whitney both of the aforesaid parties living near Mr. True. They also ordered Mr. Ir. not to take away any hay belonging to him, (True,) and demanded money from M True. Captain Jack, chief of the Modocs, threatened the lives of several white mer among others Messrs. Ball and Blair, living near Lost River, Oregon. Mr. True als believes that there is a likelihood of those threats being carried into effect. J. M. TRUE. Sworn to and subscribed before me at Fort Klamath, Oregon, the 3d day of January 1572. W. L. CLARKE, First Lieutenant Twenty-third Infantry, Adjutant [Inclosure 3.] HEADQUARTERS, FORT KLAMATH, OREGON, SIR: I have the honor to forward herewith inclosed affidavit of Mr. True, in rela tion to Indian disturbances; also letter of Mr. Burnett. I am, sir, very respectfully, your obedient servant, ACTING ASSISTANT ADJUTANT-GENERAL, G. G. HUNT, Major First Cavalry, Commanding Post Department of the Columbia, Portland, Oregon. [Inclosure 4.] HEADQUARTERS DEPARTMENT OF THE COLUMBIA, Portland, Oreg., January 25, 1-72 SIR: The commanding general instructs me to acknowledge the receipt of vor communication of the 10th instant, transmitting affidavit and letter relative to depre dations committed by Captain Jack's band of Modoc Indians, and to ask if you have any further information regarding the report. The commanding general desires thai in forwarding papers of this character, you add such information as yon may have as to the reliability of the statements, and all facts connected with them. Very respectfully, your obedient servant, LOUIS V. CAZIARK, First Lieutenant Second Artillery, A. 3. 4. f. The COMMANDING OFFICER, Fort Klamath, Oregon. [Inclosure 5.] HEADQUARTERS DEPARTMENT OF THE COLUMBIA, SIR: The commanding general instructs me to inclose for your imformation a copy of a letter from the commanding officer, Fort Klamath, forwarding statements relative to depredations committed by Captain Jack's band of Modoc Indians, and to ask you to please furnish him, if you can, a tracing of the recent survey of the Klamath reser OFFICE SUPERINTENDENT INDIAN AFFAIRS, SIR: Inclosed please find petition from citizens of Jackson County, Oregon, for removal of Modoc Indians. I would respectfully ask that the said Indians be removed to Yainax Station, Klamath reservation, by the military force now at Fort Klamath. I would also suggest that sufficient force be sent on this mission to insure success, say fifty men. I have ordered arrangements to subsist the Modocs at the place above named, and have instructed E. D. Applegate, commissary at Yainax, to confer with commander of post, and to accompany said expedition, if agreeable to your department. Now, if it is not consistent with your views on this subject to comply with the above request, I would respectfully ask that a military force of the number designated be placed subject to requisition of Commissary Applegate for the purpose above stated. Winter is the only time to successfully operate against these Indians. I regret very much the necessity of this action, but the peace and welfare of white settlers and Indians demand that it be done promptly. We, the undersigned citizens of Lost Link River, Klainath, and Tule Lake country after suffering years of annoyance from the presence of the Modoc Indians, who, through the delay of the Indian and military departments, have not been removed to the reservation, as required by the treaty stipulations of 1865, entered into by the anthorized agents of the Government and the chief of the Modoc Indians, by which all their lands were ceded to the United States, except those embraced in the reservation, as stipulated in said treaty; but not withstanding all the conditions of said treaty have been faithfully performed on the part of the Government, it is a well-known fact that a factious band of the Modocs, of about three hundred, who were parties to that treaty, have, through the influence of citizens of an adjoining State, who have been engaged in an illicit traffic with them, been instigated to set the authority of the Government at defiance, and to utterly refuse compliance with their treaty stipulations by not going on the reservation; and since there is no longer any conflict between the Indian and military departments, such as prevented Sub-agent Applegate from bringing these Indians on the reservation, we therefore make this earnest appeal to you for relief, knowing you have the cavalry force we petitioned to have sent to Fort Klamath two years ago for this specific purpose at your command. We ask you to use for the purpose for which it was procured, that the departments, both civil and military, have not been kept ignorant of the fact that we have been repeatedly on the verge of a desolat ing Indian war with this band of outlaws, who, by your delay to enforce the treaty. have been led to despise rather than respect the authority of the Government; their long-continued success in defying its authorities has emboldened them in their defiant and hostile bearing, until further forbearance on our part, too, would cease to be a virtue; that in many instances our families have become alarmed at their threats to kill and burn, until we were compelled to remove them for safety across the Casca'c Mountains, thereby suffering great loss of time and property. That the agent at Ka math and commissary at Yainax, during this long delay growing out of this unfortu nate conflict of departments, have done all they could to prevent war and bring abou an amicable adjustment of our troubles, we have no reason to doubt; but we ask now since so much conflict exists, shall a petty chief, with twenty desperadoes and a squalo band of three hundred savages, any longer set at defiance the strong arm of the Govern ment, driving out citizens from their homes, threatening their lives, and destroying their property? Their removal to the reservation in the winter season may be easi.. accomplished by any one acquainted with them and their country, and will not require more force than can be furnished from Fort Klamath. We recommend Commissary A. 1. Applegate, of Yainax, to the consideration of the Department as a suitable man to take charge of any forces or expedition looking to their removal. His long connection WIJ the Indian Department, and thorough knowledge of them and their country, and ail facts connected with this whole Modoc question, and, as a stock-raiser, equally interested with us in their removal, point him out to us as the right man in the right pian in charge of this much-needed expedition for the removal of this band of Modocs to their reservation, for which we, your petitioners, will ever pray. Signed by HEADQUARTERS DEPARTMENT OF THE COLUMBIA, Portland, Oreg., February 5, 1972 SIR: I have the honor to acknowledge the receipt of your communication of Janu...”? 25, in relation to the Modoc Indians, and also of the sketch of the Klamath reservatio as recently surveyed, which reached me on Saturday. Referring to the report of the commissioners appointed by you to confer w..h the Modoc chiefs, and transmitted in your letter of August 28, 1871, I find it stated as the result of that conference: "Under the circumstances we did not think in advisab●je ** talk very much with them, further than to advise them not to do anything that wor have a tendency to cause any collision between them and the settlers; to reta? where they were until they saw you, and not to resist the military under any eironstances, and to pay no attention to the talk of irresponsible parties." This has beer understood as a temporary settlement of the question, and as authorizing them to r main for that time at the point where they were found by the commissioners Unless some different arrangement has since been made, I think that it would not be expec' ent or politic to send a military force against these Indians, or at least until notified of the determination of the Government of the point at which they are to be established and fully warned that they will be treated as enemies if within a reasonable and specified time they do not establish themselves as required. I shall be pleased to hear from you fully upon this subject, and as early as may be convenient, and in the mean time will send a copy of your communication to the commanding officer at Fort Klamath, to take all necessary measures to protect the settlers against hostilities from the Modocs, and to be prepared to aid in their removal to the point indicated in your communication, should forcible means become necessary. Very respectfully, your obedient servant, Hon. A. B. MEACHAM, ED. R. S. CANBY, Brigadier-General, Commanding, Superintendent of Indian Affairs for Oregon, Salem, Oreg. Inclosure 9.] HEADQUARTERS DEPARTMENT OF THE COLUMBIA, SIR: The commanding general instructs me to inclose for your information a copy of a communication from the superintendent of Indian affairs for Oregon, in relation to the Modoc Indians, and of the general's letter to him in reply thereto. He is not disposed to use military force, as desired by the superintendent, until satisfied of its full necessity, and after all other proper means have been resorted to, and failed to accomplish the desired result, and in relation to which you will hereafter be instructed. In the mean time he directs that all necessary measures be taken to protect the settlers in the vicinity of your post from the hostilities of these Indians, if any such are threatened, and that any complaints of depredations, or other acts of hostilities committed by these Indians, be at once, and as fully as possible, investigated, and the results reported. Very respectfully, your obedient servant, The COMMANDING OFFICER, Fort Klamath, Oregon. LOUIS V. CAZIARC, First Lieutenant Second Artilery, A. A. A. G. Official copies : For the COMMISSIONER OF INDIAN AFFAIRS. ADJUTANT GENERAL'S OFFICE, E. D. TOWNSEND, WAR DEPARTMENT, Washington City, March 27, 1872. SIR: In connection with previous papers on the subject, transmitted to you on the 19th instant, I have the honor to inclose herewith, for your information, copies of further papers received at this Department in relation to the threatened difficulties with the Modoc Indians. Very respectfully, your obedient servant, |