This treaty did not set forth that any consideration would be paid by the Government for the possession of the Modoc country. Neither did it seek to alienate the country from the Indians, but referred to the localities where certain bands of Modocs, Schas-tas, Schas-ta-sco-tons, and Klamaths should reside. There was also an agreement to keep peace with each other and the whites.

It was in this council that Captain Jack was first acknowledged as a chief, and then only after an election was had by the band that had repudiated Schon-chin; after which Steele declared him a chief, and named him “Captain Jack,” on account of his resemblance to a miner bearing that name. That the Steele treaty was somewhat indefinite and unauthorized, was given as a reason why it never was recognized by the general Government.

There may have been other and more potent reasons, however; for the Modoc country proper is about equally divided between Oregon and California, though the home of Captain Jack and Schon-chin was on the Oregon side of the line. At that time the hearts of our people were much moved in behalf of the “poor Indian.”

Each State was anxious to furnish a home for him. Whether Steele’s treaty reached Washington before or after, does not appear. The Superintendent of Oregon was instructed to “negotiate a treaty with all the Indians in the Klamath country, including the Modocs.”

This council met in October, 1864. The Klamaths, and also the Modocs, were represented in the council by their chiefs; the latter by Schon-chin and his brother John, who was afterwards associated with Captain Jack.

Captain Jack was recognized as a sub-chief. He participated in the council; and, when terms were agreed upon, he signed the articles of treaty in his Indian name,—Ki-en-te-poos. The idea that he was deceived in the meaning of the treaty is absurd; though it has been repeated by good men, without proper knowledge of the facts.

An unwarrantable sympathy for Captain Jack has been the result,—unless, indeed, all the Indians who were parties to the treaty are to be commiserated for having sold their birthright for an insufficient compensation. Old chief Schon-chin has never claimed any other than the plain meaning of the words of the treaty; which was, substantially, that what is known as Klamath Reservation was to be the joint home of the Klamaths and Modocs. All the other country claimed by the two tribes was ceded to the United States, on condition that certain acts should be performed by the Government, in a specified time. All of which has been, and is being done, to the satisfaction of the Indians who have remained on the Reservation. I assert this to be substantially correct. That they

made a bargain that Captain Jack wished to repudiate is true. I do not wonder that he should do so, in view of his inherent love of royalty and his great ambition to be a chief, and the uncertainty of his tenure of office should he remain on the Reservation, the discipline of which was humiliating for one whose life had been free from restraint.

The head men of the Klamaths all agree and state positively that the treaty was fully interpreted and fairly understood by all parties, and that Captain Jack and the whole Modoc tribe shared in the issue of goods made at the council-ground by Superintendent Huntington, at the time of making the treaty. The plea that Captain Jack was deceived, as before-mentioned, is wholly unfounded. He not only understood and assented to it, but took up his abode on the Klamath Reservation, where he remained long enough to realize that Reservation life was not healthy for royalty.

Perhaps he had begun to see that he was to change his mode of life; also that Schon-chin was recognized as his superior in office; and it may be that he discovered that Klamath was not as good a country for Indian life as the Lost-river region. It is equally certain that he raised the standard of revolt, and finally withdrew from the Reservation, and took up his abode at his old home on Lost river; soon after which he stated to Mr. John A. Fairchilds that he had been cheated, and that “the treaty was a lie;” that he had not sold his country.