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