When appealed to he laid the matter before his superior in office at Washington City, who was also a new incumbent, and had perhaps a slight knowledge of the Modoc troubles.
In a letter, dated April 11th, 1872, he instructed Superintendent Odeneal to remove the Modocs to Klamath Reservation, or locate them on a new home. In reply, Odeneal suggested that, since Klamath was the home set apart for them in common with other Indians, it was the proper place for them, and suggested they be removed thereto. In compliance with this recommendation, he was instructed, in a letter of September 6th, 1872, to remove the Modocs to the Klamath Reservation; peaceably if you can, forcibly if you must.
Meanwhile the Modocs were kept posted by the white men, who sympathized with them, of the proposed movements.
Captain Jack and his men sought advice of Judges Roseborough and Steele, of Y-re-ka. Both these gentlemen advised them not to resist the authority of the Government, but also promised, as attorneys, to assist them in getting lands, provided they would dissolve tribal relations. I have sought diligently, as a commissioner, for information on this subject, and conclude that nothing further was ever promised by either Roseborough or Steele. The hope thus begotten may have caused the Modocs to treat with less respect the officers of the Government, and made them more insolent toward settlers; but nothing of wilful intent can be charged to Steele or Roseborough.
It is in evidence that Superintendent Odeneal despatched messengers to the Modoc camp on Lost river, November 26th, 1872, to order Captain Jack and his people to go on to the Reservation, with instruction to the messengers that, in the event of the refusal of the Modocs to comply, to arrange for them to meet him (Odeneal) at Linkville, twenty-five miles from the Modoc camp.
They refused compliance with the order, and also refused to meet Superintendent Odeneal at Link river, saying substantially “that they did not want to see him or talk with him; that they did not want any white man to tell them what to do; that their friends and advisers were in Y-re-ka, Cal. They tell us to stay here, and we intend to do it, and will not go on the Reservation (meaning Klamath); that they were tired of talk, and were done talking.” If credit were given to these declarations, it would appear that some parties at Y-re-ka were culpable. Careful investigation
discloses nothing more than already recited, so far as Roseborough and Steele were concerned, but would seem to implicate one or two other parties, both of whom are now deceased; but even then no evidence has been brought forth declaring more than sympathy for the Modocs, which might easily be accounted for on the ground of personal interest, dictating friendship toward them as the best safeguard for life and property; but nothing that could be construed as advising resistance to legal authority; and their statement in regard to advisers in Y-re-ka should not be entitled to more credit than Captain Jack’s subsequent assertion that “no white man had ever advised him to stay off the Reservation.” This latter declaration was made during the late trials at Klamath by the “military commission,” at a time when the first proposition made to Superintendent Odeneal’s messengers in regard to Y-re-ka advices would have secured the Modocs then on trial some consideration.
The only thing said or done by any parties in Y-re-ka that has come well authenticated, that could have had any influence with the Modocs in their replies to Odeneal’s message, is the proposition above referred to as coming from Roseborough and Steele, to assist them as attorneys to secure homes when they should have abandoned tribal relations, paid taxes, and made application to become citizens. The high character both these gentlemen possess for loyalty to the Government, and for integrity, would preclude the idea that any wrong was intended.
On receiving Captain Jack’s insolent reply to his message, Superintendent Odeneal made application
to the military commander at Fort Klamath for a force to “compel said Indians (Modocs) to go upon the Klamath Reservation;” reciting the following words from the honorable Commissioner of Indian Affairs: “You are hereby directed to remove the Modoc Indians to Klamath Reservation; peaceably if you possibly can, but forcibly if you must,” and saying: “I transfer the whole matter to your department without assuming to dictate the course you shall pursue in executing the order aforesaid; trusting, however, that you may accomplish the object desired without the shedding of blood, if possible to avoid it.”