Hooker Jim, Curly Headed Doctor, and those who had killed the settlers were opposed to any surrender, and they forced Jack to call a council to vote on what action the tribe should take. Of the fifty-one warriors in the stronghold, only fourteen wanted to surrender. Thirty-seven voted to fight the soldiers to the death.
Before daylight on the seventeenth, they could hear the soldiers’ bugles echoing across the fog-shrouded Lava Beds. Not long afterward, howitzers sounded the beginning of the Bluecoat attack. The Modocs were ready for them. Camouflaged with sagebrush head coverings, they moved in and out of crevices, picking off soldiers in the first skirmish line.
By midday the attackers were spread out for more than a mile, their communications badly broken because of fog and terrain. Keeping under cover, the Modoc warriors hurried back and forth along the front, creating an illusion of superiority of numbers. When one company of soldiers moved up close to the stronghold, the Modoc fire concentrated upon it, the women joining the warriors in the shooting. Late in the day, Jack and Ellen’s Man led a charge that routed the soldiers, who left their casualties on the field.
Just before sunset the fog lifted, and the Modocs could see the soldiers retreating to their camp on the ridge. The warriors went out to where the dead Bluecoats were lying, and found nine carbines and six belts of cartridges. Farther on were more ammunition and some Army rations that had been thrown away by the fleeing soldiers.
When darkness came the Modocs built a big fire and celebrated. None had been killed in the fighting, and none was seriously wounded. They had captured enough rifles and ammunition to fight another day. Next morning they were ready for the soldiers, but when the soldiers came there were only a few of them, and they were carrying a white flag. They wanted to recover their dead. Before the end of that day all the soldiers were gone from the ridge.
Believing that the Bluecoats would return, Captain Jack kept scouts far out to watch for them. But the days passed one after the other, and the soldiers stayed far away. (“We fought the Indians through the Lava Beds to their stronghold,” the commander of the attacking force reported, “which is the center of miles of rocky fissures, caves, crevices, gorges, and ravines. … One thousand men would be required to dislodge them from their almost impregnable position, and it must be done deliberately, with a free use of mortar batteries. … Please send me three hundred foot-troops at the earliest date.” 6)
On February 28, Captain Jack’s cousin, Winema, came to the Lava Beds. Winema was married to a white man named Frank Riddle, and he and three other white men accompanied her. These men had been friendly to the Modocs in the time when they visited freely in Yreka. Winema was a cheerful, energetic, round-faced young woman who now called herself Toby Riddle. She had adopted the ways of her husband, but Jack trusted her. She told him that she had brought the white men to have a talk with him, and that they intended to spend the night in the stronghold to prove their friendship. Jack assured her that they were welcome and that no harm would come to any of them.
In the council which followed, the white men explained that the Great Father in Washington had sent out some commissioners who wanted to talk peace. The Great Father hoped to avoid a war with the Modocs, and he wanted the Modocs to come and talk with the commissioners so that they could find a way to peace. The commissioners were waiting at Fairchild’s ranch not far from the Lava Beds.
When the Modocs raised the question of what would happen to Hooker Jim’s band for killing the Oregon settlers, they were told that if they surrendered as prisoners of war they would not be subject to trial by Oregon law. Instead they would be taken far away and placed on a reservation in one of the warm places—Indian Territory or Arizona.
“Go back and tell the commissioners,” Jack replied, “that I am willing to hear them in council and see what they have got to offer me and my people. Tell them to come to see me, or send for me. I will go and see them if they will protect me from my enemies while I am holding these peace councils.” 7
Next morning the visitors departed, Winema promising that she would inform Jack when the time and place for the council was decided. On that same day Hooker Jim and his followers slipped away to Fairchild’s ranch, sought out the commissioners, and declared that they wanted to surrender as prisoners of war.
The members of the peace commission were Alfred B. Meacham, who had once been the Modocs’ agent in Oregon; Eleazar Thomas, a California clergyman; and L. S. Dyar, a subagent from the Klamath reservation. Overseeing their activities was the commander of the troops gathered outside the Lava Beds, General Edward R. S. Canby—the same Canby who as an Eagle Chief had fought and made peace with Manuelito’s Navahos twelve years earlier in New Mexico. (See Chapter 2.)
When Hooker Jim’s Modocs came into Canby’s headquarters with their startling announcement of surrender, the general was so delighted that he dispatched a hasty telegram to the Great Warrior Sherman in Washington, informing him that the Modoc war was ended and requesting instruction as to when and where he should transport his prisoners of war.
In his excitement Canby failed to put Hooker Jim and his eight followers under arrest. The Modocs wandered out into the military camp to have a closer look at the soldiers who were now supposed to protect them from the citizens of Oregon. During their rounds, they happened to meet an Oregon citizen who recognized them and threatened to have them arrested for murdering settlers on Lost River. The governor of Oregon had demanded their blood, he said, and as soon as the governor got his hands on them the law would hang them.
At the first opportunity, Hooker Jim and his band mounted their horses and rode as fast as they could back to the Lava Beds. They warned Captain Jack not to go to Fairchild’s ranch to meet the commissioners; the proposed council was a trap to catch the Modocs and send them back to Oregon to be hanged.
During the next few days, as Winema and Frank Riddle came and went with messages, the suspicions of Hooker Jim’s Modocs proved to be true insofar as they were concerned. Political pressure from Oregon forced General Canby and the commissioners to withdraw their offer of amnesty to Hooker Jim’s band. Captain Jack and the remainder of the Modocs, however, were free to come in and surrender with a guarantee of protection.
Captain Jack was now caught in a classic dilemma. If he abandoned Hooker Jim’s people, he could save his own. But Hooker Jim had come to him for protection under the chieftainship of the Modocs.
On March 6, with the help of his sister Mary, Jack wrote a letter to the commissioners, and she delivered it to Fairchild’s ranch. “Let everything be wiped out, washed out, and let there be no more blood,” he wrote. “I have got a bad heart about those murderers. I have got but a few men and I don’t see how I can give them up. Will they give up their people who murdered my people while they were asleep? I never asked for the people who murdered my people. … I can see how I could give up my horse to be hanged; but I can’t see how I could give up my men to be hanged. I could give up my horse to be hanged, and wouldn’t cry about it, but if I gave up my men I would have to cry about it.” 8
Canby and the commissioners, however, still wanted to meet Captain Jack and persuade him that war for his people would be worse than surrendering the killers. Even though the Great Warrior Sherman advised Canby to use his soldiers against the Modocs so “that no other reservation for them will be necessary except graves among their chosen Lava Beds,” the general kept his patience. 9
On March 21 Captain Jack and Scarfaced Charley sighted Canby and a small cavalry escort riding down from the ridge overlooking their stronghold. Jack did not know what to make of this bold approach. He deployed his warriors among the rocks, and watched a lone figure ride forward from the escort. The man was an Army surgeon, and he proposed an informal meeting between Captain Jack and General Canby. A few minutes later they were conversing. Canby assured Jack that if he would lead his people out of the Lava Beds they would be well treated; they would be given food, clothing, and many presents. Jack replied by asking Canb
y why he had not brought some of these things with him if he had so much to give the Modocs. He also asked Canby why he did not take the soldiers away; all that the Modocs wanted was to be left alone, he said.
During this short meeting neither Jack nor Canby made any mention of Hooker Jim’s band and the killing of the settlers. Jack promised nothing; he wanted to wait and see what Canby would do next.
What Canby did next was to bring in additional troops and dispose them on opposite sides of the Modoc stronghold. Companies of the First Cavalry and Twenty-first Infantry, supported by the Fourth Artillery, were now in easy striking distance of the Indians.
On April 2 Captain Jack sent a message to the commissioners. He wanted to meet them halfway between the nearest soldier camp and his stronghold. That same day Canby, Meacham, Thomas, and Dyar, with Winema and Frank Riddle, rode out to a rocky basin below the soldier camp on the bluff. Jack, Hooker Jim, and several other Modocs were waiting for them there; they had brought along their women as an indication of peaceful intentions. Although Jack greeted Meacham as an old friend, he spoke somewhat bitterly to Canby, asking him why he had moved his soldiers so close and on both sides of the Modoc stronghold.
Canby tried to pass the question off lightly by replying that he had moved his headquarters closer to Jack’s headquarters so they could meet more easily in councils, and that the soldiers were needed to make him feel safe. Jack did not accept Canby’s explanation; he demanded that the soldiers be taken out of the Lava Beds and sent home. And then he brought up the sensitive subject of Hooker Jim’s band. There could be no further talk of surrender, Jack said, unless Hooker Jim’s people were treated the same as all the other Modocs. Canby replied that the Army would have to decide what would be done with them and where they would go; he could promise no amnesty for the killers of the settlers.
While they were talking, dark clouds overspread the Lava Beds, and a cold rain began falling. Canby said that further talk would not be possible in the rain. “You are better clothed than I,” Jack replied mockingly, “and I won’t melt like snow.” 10 Canby ignored Jack’s remark, but announced that he would have a tent shelter erected for the next meeting.
Next morning Canby sent some soldiers down to erect a council tent. They did not place it in the rocky basin, but instead chose a sagebrush flat that was in full view of the soldier camp and its formidable batteries of artillery.
Two days later Jack sent a message to Alfred Meacham, stating that he wanted to meet him and his old friend, John Fairchild, who owned the nearby ranch. Jack stipulated that they were not to bring General Canby or Reverend Thomas. Meacham and Fairchild were puzzled by the request, but they went out to the council tent with Winema and Frank Riddle. The Modocs were waiting, and Jack greeted the white men warmly. He explained that he did not trust Canby, because he wore a blue uniform and talked too much about his friendship for Indians; his talk did not ring with truth, because he kept bringing his soldiers closer to the Lava Beds. As for Reverend Thomas, he was a “Sunday doctor,” and his holy medicine was opposed to the Modocs’ beliefs. “Now we can talk,” Jack said. “I know you and Fairchild. I know your hearts.” He went on to explain how the soldiers had forced them to flee Lost River and take shelter in the Lava Beds. “Give me a home on Lost River,” he pleaded. “I can take care of my people. I do not ask anybody to help me. We can make a living for ourselves. Let us have the same chance that other men have.”
Meacham pointed out that Lost River was in Oregon, where the Modocs had shed the blood of white settlers. “The blood would always come up between you and the white men,” the commissioner declared.
Jack sat in silence for some minutes. “I hear your words,” he said. “Give me this Lava Bed for a home. I can live here; take away your soldiers, and we can settle everything. Nobody will ever want these rocks; give me a home here.”
Meacham replied that the Modocs could not stay in peace in the Lava Beds unless they gave up the men who committed the killings on Lost River. They would be treated fairly, he promised, in a court of law.
“Who will try them?” Jack asked. “White men or Indians?”
“White men, of course,” Meacham admitted.
“Then will you give up the men who killed the Indian women and children on Lost River, to be tried by the Modocs?”
Meacham shook his head. “The Modoc law is dead; the white man’s law rules the country now; only one law lives at a time.”
“Will you try the men who fired on my people?” Jack continued. “By your own law?”
Meacham knew and Captain Jack knew that this could not be done. “The white man’s law rules the country,” the commissioner repeated. “The Indian law is dead.”
“The white man’s laws are good for the white men,” Jack said, “but they are made so as to leave the Indian out. No, my friend, I cannot give up the young men to be hung. I know they did wrong—their blood was bad. … They did not begin; the white man began first. … No, I cannot give up my young men; take away the soldiers, and all the trouble will stop.”
“The soldiers cannot be taken away,” Meacham replied, “while you stay in the Lava Beds.”
Grasping Meacham’s arm, Jack asked imploringly: “Tell me, my friend, what am I to do? I do not want to fight.”
“The only way now to peace is to come out of the rocks,” Meacham told him bluntly. “No peace can be made while you stay in the Lava Beds.”
“You ask me to come out and put myself in your power,” Jack cried. “I cannot do it. I am afraid—no, I am not afraid, but my people are. … I am the voice of my people. … I am a Modoc. I am not afraid to die. I can show him [Canby] how a Modoc can die.”
Both men knew there was nothing more to be said. Meacham invited Jack to return with him to the soldier camp and continue their discussions with General Canby and the other commissioners, but Jack refused. He said he must first counsel with his people, and that he would let the commissioners know if there was to be any more talk. 11
When Meacham reported to General Canby that Captain Jack would never give up Hooker Jim’s band and therefore would not surrender the Lava Beds stronghold without a fight, Canby decided to give any Modocs who wished to leave one more opportunity to do so. Next day he sent Winema to inform Jack that any of his people who wanted to surrender could return with her.
While Winema waited, Captain Jack called a council. Only eleven Modocs voted to accept Canby’s offer. Hooker Jim, Schonchin John, and Curly Headed Doctor all spoke strongly against surrender, accusing Canby and the commissioners of plotting treachery. The meeting ended with a threat from Hooker Jim’s followers to kill any Modocs who tried to surrender.
That evening, as Winema was riding back to Canby’s headquarters, a young Modoc named Weuim who was related to Winema halted her a short distance along the trail. He warned her not to come to the Modoc stronghold again, and to tell her white friends not to meet his people in council again. Hooker Jim’s followers were planning to kill everyone who was against them, Weuim said. Winema rode back to the Army camp, but she was afraid to pass the warning on to anybody other than her husband. Frank Riddle, however, went immediately to headquarters and informed the commissioners of the warning. None of them believed it was anything more than angry talk.
In the Lava Beds, however, the angry talk against the white peacemakers grew stronger. On the night of April 7, Hooker Jim and his followers decided to have a showdown with their chief. Some of them suspected Jack of being on the verge of betraying them.
Schonchin John opened the council with a bitter speech: “I have been trapped and fooled by the white people many times. I do not intend to be fooled again.” He accused the peace commissioners of trickery, of playing for time while the Army brought in more soldiers and guns. “When they think there is enough men here, they will jump on us and kill the last soul of us.”
Black Jim spoke next: “I for one am not going to be decoyed and shot like a dog by the soldiers. I am going to kill my man be
fore they get me.” He then spoke for killing the peace commissioners at the next council with them.
When Captain Jack saw how far the talk was going, he tried to convince the speakers they were wrong. He asked for time in which to bargain with the commissioners, to try to save Hooker Jim’s band as well as to obtain a good piece of land for a reservation. “All I ask you to do is to behave yourselves and wait.”
Black Jim accused Jack of being blind. “Can’t you see soldiers arriving every two or three days? Don’t you know the last soldiers that came brought big guns with them that shoot bullets as big as your head? The commissioners intend to make peace with you by blowing your head off with one of the big guns.” Other speakers supported Black Jim’s argument, and when Jack again tried to reason with them, they shouted him down: “Your talk is not good! We are doomed. Let us fight so we die sooner. We have to die anyway.”
Believing it was useless to say more, Jack turned to leave the council, but Black Jim stopped him. “If you are our chief, promise us that you will kill Canby next time you meet him.”
“I cannot do it and I will not do it.”
Hooker Jim, who had been watching silently, now stepped up to his chief. “You will kill Canby or be killed yourself. You will kill or be killed by your own men.”
Jack knew this was a challenge to his chieftaincy, but he held in his anger. “Why do you want to force me to do a coward’s act?”
“It is not a coward’s act,” Hooker Jim retorted. “It will be brave to kill Canby in the presence of all those soldiers.”
Refusing to promise anything, Jack again started to leave the council. Some of Hooker Jim’s men threw a woman’s shawl and headdress over his shoulders, taunting him: “You’re a woman, a fish-hearted woman. You are not a Modoc. We disown you.”