Klamath County Museum

Klamath
County
Museum
1451 Main Street, Klamath Falls, Oregon 97601
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www.klamathmuseum.org
The Don Fisher Papers
Volume 10
This document contains scans of pages from Volume 10 of an 11-volume set of books
commonly referred to as the Don Fisher Papers, containing typewritten transcriptions of
hundreds of pieces of correspondence and other records related to the Modoc Indian War.
A copy of the Fisher Papers – an unpublished collection of records – was donated to the
Klamath County Museum in 1967 by Anne Ogle.
The Don Fisher Papers were scanned Jan. 3-8, 2012, by Karen Caverly, a history major at
Eastern Oregon University in La Grande, Oregon. The scanning project was a joint effort of the
Klamath County Museum and Eastern Oregon University. Copies of the digital files are being
archived at both institutions.
Caverly’s scans were converted to pdf files by the Museum, and are made available here for the
benefit of the general public.
Each page (with a few exceptions) in the Don Fisher Papers bears two numbers in the upper
right-hand corner. A stamped number refers to each page number in sequential order. A handwritten
number appears to refer to separate documents, though there are many
inconsistencies.
Commercial use of these pdf files is prohibited, except with prior permission by the museum.
Fisher memo – 2012-1-19

To the
Sir:
Assistant Adjutant General
Rd. Qrs Dept. of the Columbia
Benioia Barracks, Cal.
June 1, 18'14.
(Thro' Headqrs 1411. DI.T. of the Pacific)
I haTe the honor to submit the following imperfect report
of the operations of the troops in the Modoc Country whilst under
my colliDS.nd; having no access to the records of the command, it can
but be very incomplete.
On the 23rd of 1anuary, 18'13, I received a telegraphic order tram
the Headquarters of the Military DI.Tision of the Pacitic,
/ . . I .
\
::'··· ':/
.l c24
' ,) .J
informing me that I had been "assigned to the ccmmand ot the troops --
in the Modoc Country, and directing me to proceed w1 thout delay to
the Headquarters ot those troops•:- delaying only to get the
necessary intol'll&tion concerning the position ot the troops in,
and en route to the seat ot war, I lett Benicia Barracks, Cal.,
January 26th and arrived at Yreka the 28th. On my arrival at the
latter place, I received a telegraphic di.teh :trom General Canby
giTiD.g me the stations and numbers ot troops, with other important
intol"SSlliltion. - Later the 8Eillle day, I received another dispatch
from General Canby informing me that a commission to negociate
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transportation from Roseburg to Lost river was from 30 to 32 cen.Js5 2 6
per pound and from Redding to the stations of the troops 16 cents
per pound - and therefore recommended that supplies be fUrnished
from San lrancisoo, via Redding and Yreka, which was done.
On the 15th of February I started to return to Dorris' Ranch,
but was met by a courier 111. th a letter from General Canby, informing
me that he would be in Linkville that day and requesting to see me
as early as convenient - I met him that evening at Linkville, and
from that time until the 11th of April, all movements of the troops
were mde with the knowledge and approbation of the General.
There being but two of the Peace Ccmmissioners {Applegate and .Case)
present, the meeting was merely informal - On the folloWing day,
February 16th, General Canby and the Commissioners accompanied me
to Dorris' Ranch, that place being nearer the Indian position and
more convenient for communication. About the 18th of February
)(r. Meachem arrived and on the 20th three squaws went into the
Indian Camp to arrange for a "talk,• these squaws were instructed
by the Commission to say, that the great Military Tyee, (Genl Canby}
and a man who came from far off (Mr. Case) desired to see them-
the names of Applegate and )(sachem were not to be mentioned -
This I regard as being a very grave error, it was inevitable that
the llldians would soon know who the Comnissioners were - on the
24th of February Mr. Fairchild, accompanied by a white man and
squaw, went into the Lava bed, and on the 25th returned, br1'nging
w1 th them a deputation of warriors to •talk," but none of the
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principal chiefs came, nor was there anything satisfactory
accomplished. The Indians upon their arrival inquired tor J'udge
Rosborough and E. steele J:sq, the former ot whom had upon the
request of General Canby been adddd to the Commission; I had
earnestly recommended this appointment to General Canby, attar
ascertaining the high esteem in which the J'udge was held by both
whites and Indians.
J'udge Rosborough and Mr. steele arrived on February 27th (the
latter at the request ot General Canby) and that evening there was,
at my Headquarters, the first tull meeting ot the Peace Commission.
Attar a great deal of talk, General Canby proposed that J'udge Steele
should go to the Indian camp with these terms, "to surrender as
prisoners ot w.r, to be sent to a SOuthern reservation, and to be
ted or supported until they could support thamselves"
On the 28th J'udge Steele and party went to the Lava bed, and on
the night ot March 1st, I received a note trom Lieutenant Anderson,
A. D. c. to General Canby, announcing that the "Indians had accepted
the proposed terms" eight warriors and Mary (J'ack' s sister)
returned with J'udge Steele, as they said to ar:rs.nge tor the tribe
to come in, J'ack being as he claimed, too sick to t:rs.vel. The same
terms were repeated and accepted so tar as the Indians present
were empowered to act. The proposition to protect them was to
include those charged with murdering the "settlers". On the 2nd
ot March J'udge Steele returned to the Lava Beds to make arrangements
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for the removal of the Indians. On the night of the 4th, of
March I received a note from General Canby info:rm:ing me of the
retum of Judge steele and that such was the information brought
by him as "to render it probable that the Modocs would at once
resume hostilities."
Couriers were at once sent to the different cwnps to put their
co:mDilnders on the alert.
On the 5th of March I attended a meeting of the Peace Commission
which was convened to receive "Jack's" message, which was simply
that the Indians refused the terms offered them and would not come
out. After considerable discussion by the Peace Commission General
Canby spoke - he said - "Tell Captain Jack our men have been to
see him, have trusted him, that he had refused to come out or
treat, that if no message was received from him by tomorrow night,
it would be considered that they desired war and we would act
accordinglY": adding - "I have no more to SIIJ.Y".
The Indians appeared much impressed by this message and soon left
for the "Lava Beds"
After the departure of the Indians I learned, upon what I considered
good authority, that a white man trom LinkVille (Sam. Blair) who
had been loafing about J'airchild's Ranch and communicating with
the Jrrodocs had informed them that he had an order in his :poclte.t:
from the Governor of Oregon (We were in California) to lJant the
nine Indians engaged in killing the citizens, so soon as they
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came in; ot course this was :talse, but as some of the most
intluentical men and best warriors were engaged in these murders,
it probably had some influence on the after conduct ot the Indians.
:tate in the evening of the ·sth I was informed by General Canby
that Mary w1 th some warriors had come in and :Nquesting my presence:
on my arrival the Commission met and Mary delivered the message
other brother; whether her own or Jack's it was the best tadian
speech I eYer heard, requiring an hour tor its delivery: - It was
to the affect that Jack Silmli tted, would come out and go anywhere
that he •s wanted to, - all his people to go with him, he had
thrown away his gun and given up his country; but that he had no
horse to come in on. He was again informed that it "he or some ot
his principal men were not in by the evening ot the 8th of March,
it would be taken tor granted he wanted war," and a horse was sent
for Jack. On the evening ot the 8th two Indians came with a message
from Jack stating that the entire tribe would come in on the lOth,
that there were several sick and unable to travel and asking that
three wagons be sent to meet them about half way tor the women
children and sick -
The wagons were sent as requested and rEI!Iained at the appointed
place until nearly sun-down and returned without having heard &Jllrthing
of a single Indian; all was again uncertainty, and it was determined
to try a little pres8ure, by way ot convincing the Indians that we
were in earnest. Accordingly Major Mason, 21st Infantry,, was
directed to make a reconnaissance down the Blat side ot Tule :take,
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Considerable contusion appeared to exist in the vicinity of' Jack's
caves, about two and a halt miles distant. Very soon we were
hailed by two Indians wanting to know what we came tor, and saying
they did not want to tight and that they wanted to "talk".
Dr. Cabaniss, Acting Assistant Surgeon, and well known to the
Indians, volunteered to meet them and learn their wants; he f'ound
several Indians, 8.IOOng them capt "Jack," who proposed, he,
Schonschin and Sear-f'aced Charley, should meet General Canby and
myself' - all to be unarmed - We accepted the of'f'er, and descended
the blutf' to that interview, which General Canby in his dispatch
to the Headquarters ot the .A:t:my, March 22nd, terms, "unsatisfactory"
(the language was not too strong) instead ot Schonschin came the
"Curly Headed Doctor," the leader ot the party who murdered the
settlers, instead of three warriors, six came - f'our ar.me4 with
revolvers: such was the roughness of' the place, that we did not
detect the treachery until it was too late to avoid the meeting.
General Canby asked Jack to talk. Jack said he "was a good man"
had "a good heart," wanted "all the soldiers taken away," "wanted
to go where he pleased" that "the soldiers had hunted him like a
wolf". The G·eneral told him that "if he came out with his people
he should be ted and clothed". To which Jack replied, that he
"wanted to go nowhere, and asked "it he had anything for him, why
he did not bring it to him". When the interview terminated, I was
convinced Jack had determined not to leave the Lava Beds until
forced.

On the 6th the troops an the east side of' the Rhett or Tule Lake
advanced to within one and a half' miles of' the Indian stronghold
end in tull view of' it. - no resistance was made.
Nothing f'urther •s done in the way of' negociations until April
9th, when a message •s received, stati:D:S that "Jack" would not
come out" that "he was atraid to come out," but "if' the troops
would go away, he would come out," but on the next morning a
message ll!.s received f'rom Jack saying he would "talk" with the
Oomissioner' s. In order to be certain however about the
d.isposi tion of' the Indians, the interpreter, Frank Biddle,* and
his wite, (a squaw) went to Jack's Camp end soon returned 111 th
inf'or.mation that "Jack" would not "talk," nor meet the Commission,
nor leave his stronghold until the troops were removed. On the
morning of' the 11th, one of' the Indians who had come in "the previous
evening with the interpreter asserted that Riddle had not told "all,"
and that Jack did desire to "talk". Boston Charley and Bogus Charley
(the latter had remained in my camp all night) were sent to the
indians to ascertain Jack's intentions; they soon came back saYing
Jack "Would meet General Canby myselt and the three commissioners
at the Council Tent" - about three quarters of' a mile in f'ront
ot my camp. Atter 4uly considering the subject it ll!.s determined
to accept the proposition, I was too ill to accompany the party,
and bef'ore leaving, the interpreter brought the commissioners to
* L1iarginal nottj] R/ ./!ib.e name is R144l.!J

difficult tor an otticer to make himselt heard by his men, a
slow but steady advance was kept up, a part ot the men remaining
concealed and tiring to protec:t those advancing until late in the
evening when the exterior heights ot the stronghold were occupied.
In the mean time (at 4 P.M.) Captain Miller's command having in
its advance inclined slightly to the south east, there was space
sutticient on his lett, tor Captain Perry's dismounted Cavalry,
which moved torward in a most gallant manner; captured and held
a position in the rocky edges ot the Indian stronghold: the right
joining Captain Miller's Battalion, the lett resting on the Lake
thus securing water tor the entire lines, and also a position
tor the Coehorn Mortars that had in the meantime arriTed - Fire was
at once opened from them, and I believe w1 th good ettect; Atter
dark a shell was thrown into the Indian clit:t's at intervals ot
fifteen minutes. The troops on the west side ot the lava bed now
)}40
held a line in the edge ot the Indian stronghold from the lake south.
They had fought tor every toot ot ground gained, over the roughest
field I ever have seen, the Chasns running in every direction, the
lava cutting like glass, and exposed at every step to the tire ot
the concealed toe. The line was closed and the troops bivouacked
on the ground they had so gallantly won; their success had cost·
some brave men - The loss being three enlisted men killed, 1st
Lieut Charles P. Eagan 12th Infantry, wounded gallantly leading
his company, and nine enlisted men wounded.
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'1'o General Gillam - "It is absolutely impossible to connect our
lett w1 th Green's right, we are separated by a deep chasm held by'
the Modocs, we cannot cross it without great loss ot lite. It we
join our right with yo'ur lett and move directly south, we can find
whether or not the modocs have tled. Colonel Green is here and
sanctions this plan". ll'rom this dispatch it appears that although
the Modocs held a deep chasm there was a doubt as to "whether or
not they had fled". I at once replied "I sanction the moTement
suggested by Col. Green and yourself, execute it at once". I
ordered this movement in the hope that the troops once engaged would
drive the Modocs south, where they would come on captain !41.ller' s
command, but it resulted in no mterial advantage merely shutting
ott the Indians trom the water.
'l'h.e troops on the west ot the Modoc pos1 tion having been engaged
all day, and gained a position in the iiiiD.ediate vicinity ot the
:Modocs, bivouacked tor the night. 'rhose on the east side occupied
about the same position as the night previous, the right having
joined Major Green• s lett without opposition. On the retum ot
Major Green I asked him it he did not still believe the mvement to
join his right to Major Mason • s lett was practicable it Major !6ason
would make: a vivorous attack, he answered in the attil'IDB.tive, but
stated the attack •s so strenuously opposed by Major Mason and
Captain Bernard, 1st Ca.v, (the two senior otticers on that side)
that he thought it advisable under the circumstances to agree to
their plan. I have no doubt on the subject, and the attack would
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the detachment. This J&rty consisted of Companies "A" and "K"
4th Artillery and Company "1!:11 12th Intantry, the Officers were
Captain Evan '!!lomas Comandi:ng, 1st Lieutenants A. Howe and A.
Cranston end 2nd Lieut Harris of the 4th Artillery, and 1st
Lieutenant T. F. Wright, 12th Infantry, •A.bout seventY" (meaning
enlisted mm)
Major Green says in his report; from the best intol'll&tion I could
obtain I think there were si:rty eight soldiers. I ordered Donald
McKay to go himself with fourteen Warm Spring Indians, he took but
twelTe mking with himselt end the soldiers eighty one (81) fighting
men. Captain Thomas was directed to move cautiously, not to bring
on en engagement, but it compelled to tight to do so only on the
defensive. The command left Camp at 7 A. M. in excellent spirits.
The point to which Captain 'l'h.omas .1Bs ordered to proceed was in
tull view of the Camp, though the intervening Lava obscured the
detachment, before it was a hundred yards beyond the pickets,
several signa.ls were received that no Indians had been found.
A.bout one o'clock a message was received from captain Thomas
(by signal) "We have found the Indians they are behind the bluff"
(to which he had been ordered to go). I went to the signal station
nothing could be seen; an occasional shot was heard. I was anxious,
of course, concerning the result of the tiring, but Lt. A.dams, the
signal officer, informed me that all was right, that he had counted
fifteen (15) men passing a fissure in the rocks, and he thought the
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entire command on its way returning. About 2. P. M. several
stragglers came into esmp and stated Captain Thomas had had a
severe fight and they had been cut of'f' from the command. No two
gave the same account of' the tight, in fact they were too much
frightened to give any information; notwithstanding that I was
convinced that Captain Thomas' Command outnumbered the Modoc
Warriors almost two to one, I at once di·rected Major Green, 1st
Cavalry, to take "all the available man in camp and proceed to
the assistance of' Captain Thomas, at the same time the companies
under Captain Miller 4th Artillery were ordered fran the camp in
the Lava bed to join Major Green. I was aston! shed to learn that
Major Mason had sent his comna.nd as 1 t were into battle w1 thout
a medical officer, though there were three (Sterling, Cabinass and
Skinner) attached to his command, he was telegraphed to send one,
but it was too late. During the afternoon and night stragglers
continued to came in, generally unar.med; all had been "cut off"
during the tight and all had different stories. As will be seen
by the report of Major Green, his command was joined by that tram
)6ajor Mason's Camp "about dark• He continued his march until
darkness and the lava compelled him to halt. At midnight five men
came into his camp, two of these men being unhurt, he tried to
use them as guides, but as might have been surmised by those
acquainted with the locality, they became confused and of "no use".
The command halted until daylight. Act'g Assistant Surgeon B Semig
inf'or.ms me that during the night the noise of "piling rocks" was
J

and the guide with the main column which had melted down to
twenty five or thirty men followed the direction taken by Lieut
Wright with his company. Meeting two slightly wounded men the
Doctor stopped to dress their wounds. Mr. Ticknor the guide
separated from the column and went north towards camp.
The Doctor then followed the command until he overtook them
"halted in a hollow" with some small rocks and sage brushes, not
over fifty yards from the ridge which Wright,' s command had been
ordered to take. Major Thomas supposing the ridge to be held by
his troops "shouted out for Col. Wright and as a reply received
several shots". At this time there seems to have been a propos! tion
made to charge the ridge but it was disapproved and the command
"sheltered themselves as best they could behind rocks, sage brushes,
little rises in the ground &c". It was here the brave Thomas with
all the officers who remained with him were killed or mortally
wounded, the little band of enlisted men "at least twenty" (says
Dr Semig) who had followed their commanders to this point stood
by them to the last, being almost without exception either killed
or severely wounded. Atter leaving Dr. Semig Mr. Ticknor, the
guide did go north or toward the camp and came upon the command of
Lieut Wright, but that command becoming disorganized and scattered,
Ticknor started for Camp but soon c8Dle on the Warm Spring Indians
who were endeavoring to join Captain Thomas' Oommand and had
arrived about the time the firing began, but had been unable to
AT

large part of the command became panic struck and soon all
organization ceased". At the time Captain Thomas took his
position in the hollow, and before any of the officers with him
had been wounded, his command had melted away to twenty men, and
up to that time but few men had been wounded"
These brave men shared the tate of' their officers, the majority
of' them being killed, the remainder almost to a man wounded.
Those who accompanied Cranston shared his tate. Of Company "E"
12th Infantry I have been able to learn nothing reliable after
it was detached as above stated, fourteen of the enlisted man were
killed or wounded, several of them around their commander, proving
they had died nobly, doing their whole duty; but justice to the
other companies requires it to be stated that the company was well
represented among the first stragglers arriving in Camp. From
this statement of what, after the most careful inquiries, I
1 17L
believe to be as correct a statement of this affair as it is possible
to obtain, I think it apparent that soon after the firing the greater
portion of the command became panic stricken "running in every
direction and not paying the slightest, attention to the commands
of' their officers," that all organization ceased, and many men fled
from the field. That no disaster could have occurred had discipline
and order been observed I have no doubt. The force with Captain
Thomas including Warm Spring Indians was about eighty men, and
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probably twice the number that Jack could bring against them.
The loss ot Captain 'lho:mas' COmmand was tour otticers - Captain
Evan Thomas, 4th Artillery, co:umanding the reconnaissance, 1st
Lieutenant A P. Howe 4th Artillery, 1st Lieut Arthur Cranston
4th Artillery, and 1st Lieutenant T. F. Wright, 12th Infantry,
and eighteen enlisted men killed. Wounded; 2nd Lieut G. M. Harris,
4th Artillery, (mortally) Acting Assistant SUrgeon B Semig (severely)
and seventeen enlisted men, making a total ot torty one killed and
·Wounded. Ot the personal action ot the otticers it is ot course
impossible tor me to speak, it is only known they died nobly,
doing their duty, executing the orders ot their sallant commander.
Had all the enlisted men been true to their colors all would have
been well.
Two men seam to require special mention, their conduct was the·
subject ot commendation by those who tled trom the tight as well
as those remained true to their duty. These gallant men were 1st
Sergeant Robert Romer, Co. "A" 4th Artillery, and 1st Sergeant
Malachi Clinton, Oo.mpany "E" 12th Infantry; they not only did their
duty as brave soldiers, but endeavored to torce others to do
likeWise. The tormer was killed with his C

May 22nd, retumed to Benicia Barracks and resumed command of
my Regiment and Post. I was in cOliDDEind of the Modoc Expedition
about four months.
Until the murder of General Canby, April 11th, there were no
active military operations; after hostilities actually began,
the fighting, skirmishing & reconnaitering, was almost constant
until I was relieved from command. When Officers and men generally
perfonned their duties so gallantly and cheerfully it might seem
invidious to specially mention any, but I think it will be
conceded by all who witnessed the conduct of Major John Green,
lst Cavalry, in the actions of the 15th, 16th & 17th of April,
that he was distinguished for his cool judgment, combined with
gallantry bordering on rashness. First Lieutenant Charles P Eagan,
12th Infantry, was severely wounded, on the 15th of April, bravely
leading a charge of his company. Captain David Perry, Comd'g
the lst Cavalry Battalion (dismounted) on the left of Major Green's
right and Captain M. P. Miller Commanding the battalion of the
4th Artillery & 12th Infantry, both served under JI1Y personal
observation and deserve special coDI!lendation: The latter commanded
the extreme right of the line advancing Eastward, the most
important part of the attack, and handled his men with skill,
energy and gallantry. Assistant Surgeon Henry McEldery, chief
medical officer of the expedition after the death of the lamented
McMillan, perfonned all the duties devolving upon him in the most
dT

to a great extent incapaciated by wounds received in battle; I
earnestly invite the attention of the proper authorities to his
services, disability, and, what I think are his just claims, to
provisions for his support. Lieut James Rockwell, Adjutant 1st
Cavalry, acted as Asst Adjutant General of the Modoc Expedition
during my collli!lalld, he performed his administrative duties with
care and accuracy; In action he conveyed my orders. with
promptness and gallantr,y, and in my opinion deserves that his
services be recognized by the War Department.
Since the termination of the Modoc War I wrote to Doctor McEldry
to learn the number of Modoc warriors engaged during that war
and how many of them were killed, to which he replied as follows; viz:
"Your note of inquiry in regard to the number of Indians killed
from the 11th of April to the end of the Modoc War is at hand.
The Modocs themselves While at this post (Ft Klamath) said that
they had only lost five warriors during that time, viz: three
killed during the three days fight (2 by explosion of a shell &
1 by a rifle ball) one killed at Sorass Lake, and one at the time
of the Thomas' Massacre. They stated that several old squaws
were killed during the three days fight. There were forty warriors
at this post belonging to the tribe. This corresponds to the count
of Dorris and Fairchild, both of whom you remember always contended
that this was the actual number of fighting warriors belonging to
the Modoc tribe"-
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I fully corroborated the statement of Dorris & Fairchild as to
the number of Modoc warriors engaged during the war.
This report has been delayed by the great difficulty in procuring
the data necessary for its accuracy and also by my ill health.
I am, sir,
Very respectfully,
Your obedient Servant.
(sigd) Alvan c. Gillem
Colonel 1st cavalry,
Headquarters Military Division of the Pacific,
Commander of the late Modoc Expedition
San Francisco, January 17th 75.
including District of the Lakes.
Official copy respectfully furnished the Commanding Officer,
Department of the Columbia.
By order of Major General Schofield:
J C Kelton
Lieut. Col. A. A. Genl.
fi,.emo on foregoing Document, on Separate pages;]
Copies sent to
Gen J. c. Davis
Gen A. c. Gillem
JSb5

Col E. C. Mason
Col John Green
Gen Wheaton
and tor tile with
Post Records at
Fort Stevens
" Vancouver
" Klamath
" Walla Walla
Camp Harney.
Mar 24. 1875.
S. F. Presidio A., L. R., D. C., 1873, #98,

Sir.
Linkville, Oregon
July 18, 1874.
Your communication of the 6th Inst relative to the place
of my birth has just come to hand. I hasten to inform you that
I was born in Oregon Territory.
Ralph Wilcox, Esq.
Clerk U. s. Circuit Court.
Portland, Oregon.
Applegate
Collection
I am Sir, Respectfully
Your Obt. Servt.
o. c. Applegate.

To the Assistant Adjutant General
Sir.
Mil. Div. of the Pacific
San Francisco, Cal.
Donelson Station Tenn.
March 26th 1875.
I have the honor to acknowledge the receipt of nA copy of
endorsements an telegram of Comd'g. Officer Dept. of the Columbia,
dated, Sept. 8th 1873." asking that I be directed to furnish a
report of operations of the Modoc Expedition w1 th reports of
Subordinate commanders, which copy was furnished me for my
information and remark.
Upon my relieving Lieut Col Wheaton in command of the Modoc
. ; r .
l ./ 0
f
Expedition, no records of the previous operations of the expedition
were transferred to me, but I carefully read the few that I could
find at his headquarters, and acquired from him personally all the
information possible concerning the previous operations, disposition
and number of troops, &c.
All instructions - telegraphic or written received by me
from the Secretary of War, Headquarters of the A.nny, Mil. Div. of
the Pacific and Dept of the Columbia were either carefully filed
or recorded in the Letter or Endorsement Book. The Letter Book
contained copies both of letters received and sent. The Order
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31/U
dS76
perfect. I think you are very near if not actually in the center of
such a belt. How does the Clear Lake region come on• Do you ever
see Mr Ish, Manning, Uncle Geo: Nurse or Alex Miller or J. W. G.
Miller r.ny regards to them. I hope to bring my family out in the
Spring Drop me line
Applega.te
Collection
Yours faithfully & always
Frank Wheaton

(In ms.rgint .A. .A. G
Dept Col
August 25 1873)
Orders
No. 78
Headquarters
Fort Klamath, Ogn •
. Auguat 23" 1873
Capt. H. c. Hasbrouck 4' .Arty with a non-Commissioned Of'fioeJ"
and 8, Eight Privates of Light Baty "B". 4" Arty and a nonco:rmnissioned
officer and Five (5) Privates from the Infantry Battalion at this
-
post will proceed to the Lava bed& south of Tule Lake California
for the purpose of recovering the body ·of 1 •- Lieut Arthur Cranston
4 Arty and the bodies bf the Jmlisted men of the 4' Arty and the
12 and 21" Regiments of Infantry which were unavoidably left on
the field during the late operations against the Modoc Indians,
The body of Lieut Cranston will be brought · to this Post for_ interment
and the bodies of the enlisted men c reooTered will be temporarily
interred in the Military Cemetery at the late .Camp south ot i'ule
L8ke Cal in view to their ultimate removal to this Post Every effort
will be made to identity the bodies and the graves will be appro-
priately marked Capt. Hasbrouck will take thirteen days rations
for the men of the Artillery and ten days tor the men of the Intan-
try.
The Quartermasters Department will furnish the necessary trans-
portation and facilities tor the execution of this order.

Dept. of the Interior
Office of Ind. Affairs
Augt 29" 1873
Returns War Dept. papers in reference to the issue by that Dept.
of clothing to Modoc Prisoners of war, with advice, that the
expense incurred is not chargable to Indn Bureau.
Vol: 2. p: 470-
Letter to Secy war encl copy of within letter.
Spl file
Modocs.
Special File, Modocs, 1873
Office of Indian Affairs
The National Archives
AT
Aug 30/73.
White

P. s. Tell Donald I am very sorr,y that he is not with us. there
is money in it. {his presence would have added to the number much).
But I shall represent him in name &c •
.Applegate
Collection
lS95

eturns to its station, or whenever the Modoc Band is escorted to 1 fi 0 5
its ultimate destination, 1£ this cannot be done, Lieut Cranston's
remains will be interred at this Post, until the Dept Commander's
£arther instructions are received.
A party will be sent to carry out the Commanding General's
directions, concerning the dead at the Peninsula SUpply Camp at
Tule Lake, and his wishes regarding the enlargement o£ the
monument, marking the spot where General Canby £ell. - The
Cemetery wall has already been strenghtened and secured.
I am, Very Respect£ully,
Your obedient servant,
Frank Wheaton.
Lieut Col, 21" Int'try,
Bri Major, Gen. U. s . .Array,
S. F. Presidio A., L. R., D. C., 1873, #2170.
AI
Comdg, Diet o£ the Lakes.

(Printed Letterhead)
lfi()fj
OFF-ICE ASST. Q.UARTERlvlASTER-GENERAL, OREGOlil' MILITIA.
Capt. 0. C. Applegate )
)
Ashland. Oregon. )
Dear Sir:
Jacksonville, Oregon, Sept. 6, 18?3.
Enclosed herewith are tri!?licates of the Muster Roll of your
Company, which please sign and return to me. One copy is for
Washington City, one for Salem, and one for Jackson County. I
regret that the copy for Washington was not made out in your very
clear, distinct, and (I may add) artistic handwriting. Eut I
trust you will find them all good enough to answer the purpose,
and if so, that is all that is necessary.
·Applegate
Collection
Very truly & respectfully
Your obt. servt
Q.uincy A. Erooks
Asst. Q.r. Mr. Genl.
Ogn. Militia

Endorsement on comm.unioation of the A. A. G Mil. Div. Pa.c. dated
Sept 12, 1873. referring copy of Post order from Camp Bidwell Cal.
directing issue of certain clothing to Pitt River Indians. for services:
rendered in Modoc country, and asking for order of c. 0 Dept Col.
to cover the issue.
Headquarters Dept of the Columbia,
Portland Ogn. Sept 26, 1875.
Respectfully returned to the Assist Adjut General Mil Div Pa.c with
the remark that no such promise of issue of clothing was made by
me to these Indians. The Modoc Indians in question were captured
and brought in by white men from Pitt River, assisted by three
soldiers of the 1st Cavalry. The Pitt River Indians in question
rendered some assistance in making the capture and also came with
the party to my camp. The whole party was supplied with forage and
rations during its stay and return.
To these Indians I also gave the guns taken from the captured
Modoos - two or three in number. Had I thought it proper to re-
ward them further I should have issued the order at the time.
I remember those Indians were great beggars:.
{Signed) Jeff C Davis,
Bvt Maj General
Oi'ficiab Commanding
H. Clay Wood,
Assist Adjutant General.
Liarginal note.iJ 203/207 Pacific Mil Div of, (A. A. Genl), 2245
D. c. 1873o.
s. F. Presidio A., L. S., D. c., Vol. III, P• 204.
f7
160

elievest to be right by these unhappy People, regardless of all
consequences and remonstrances; and this course we have ground
for believing thou wilt pursue. //
We will sustain thy action, be it what it may, feeling
assured it will be the best that thy official duty to all concerned
will pennit. Vie may add, however, that if thy decision shall be
in favour of extending the fullest Executive Clemency to the
Prisoners, it will not only rejoice our o•vn hearts, and the hearts
of those we represent, but we believe it will ultimately, when all
the facts shall be disclosed, receive the warm approbation of the
friends of Humanity throughout the World.
With Sincere respect we are thy Friends.
Benjn Hallowell
B. Rush Roberts
Richard T. Bentley
It
Sandy Spring, Maryland, 9 mo. 13th. 1873.
Spacial File, 1viodocs, 1873
Office of Indian Affairs
The National Archives
AI
')

Presidio ot San Francisco Cal. The two prisoners, Barncho and 1613
Sloluck, will be sent in charge ot a Coiiinissioned o:t:ticer and
proper guard :trom Sacramento to Alcatra.z Island.
The COlllllUtation o:t sentence in the cases o:t Barncho and
Sloluck should not be made known to them or to the public until
the morning o:t the day :fixed :tor the execution. The other prisoners
should be kept in ignorance o:t their destination and special care
should be exercised to prevent the escape ot any, especially the
"scouts" who it is understood are now allowed certain liberty.
These orders are sent to you direct, instead o:t through
Head QUarters Department o:t the Columbia because ot the necessity
:tor haste and secrecy.
O:t:ticial Copy
J"no Q,. Adams
1 Lt 1 CaTalry
A. A. A. Gen'l
Very Respectfully
'
Your Obdt Servant
(Signed) J. c. Kelton
Lt Col & A. A. G.
S. F. Presidio.A., L. R., D. C., 1873, #2381.
AT

.
Official
Wm M. Wherry
:Bt Col A. D. C.
A. A. A. G.
S. F. Presidio A., L. R., D. C., 1873, 12381.
Jfi t5

{jnclosurfl
11 Copy 11
Head Q.uarters l>iil Div of the Pacific
War De--_partment
San Francisco Cal
Sept 22nd 1873
Adjutant Generals Office
Confidential Washington Sept 13th 1873
Major General J M Schofield
U. S • .Army
Commanding Division of the Pacific
Sir,
San Francisco Cal.
The President directs that as soon as possible after the
execution of Captain Jack and the other Indians under sentence
of death, you cause all other Modoc Indians including women,
children and scouts, to be removed to Fort D. A. Russell,
Wyoming Terri tory, where orders will be sent for their future
disposition.
It is desirable that these orders should not be made public
any sooner than is necessary.
I am Sir
Very Respectfully
Your Obd't Servant
(iigned) E. D. Townsend
Adjt General

Official
Wm M • i'fherry
Bvt Col. A. D. C.
A. A. A. G.
S. F. Presidio A., L. R., D. C., 1873, #2381.
FB
/%/!
1-617

The scaf'fold erected for the u:eoution of Capt. Jaok and the
five other oondamed llodoos is oompleted, as I propose to exeoute
them. at the same time the structure 11 neoessarily large. and very
strong built ot dressed pine logs one f'oot in diameter. Scat fold
thirty teet long.
Six graves for the burial of the oondeJIIDed are dug near and in
front ot the Guard house just outside the parade ground fenoe. Al­
though Li.eut Bnnis brings me the Presidat • s order reprieving Barnoho
and Sloluok, I am making requisite arrangements tor the exeoution o:t
the six Indiana aentenoed, having been inatruoted to give no publioity
to the reprieving order uDtiil the day of the ueoution, or to the
ultimate destination ot the band ot lledoo prisoners.
Daily. drills have been maintained as uual during the month and
an immenae amount of Polioe duty perfor.d by the troops. Twelve
hundred 1111cl titty wagon and oart loads of refuse have been removed fp;oa
the :baledi-.te vioiDity ot the post sinoe the twentieth ot Jlme. A l.&rge
amount ot exoellent stone has been quarried and hauled ten miles by
the troops tor the oonatruotion ot fire pl.&oes and flues. Those I
believe to be absolutely essential to the preservation of the publio
property and. the garrison. Mine fires ooaured here last 'Winter. and
some at the :most i:mportant lad.ldings at the post have been destroyed
by fire, by reason ot the very dangerous plan at passing stove pipes
through roots There is blt one chimney at the Post and that bas fallen
twioe and Dll.lt be rebuilt this winter. Arrangements to oonatruot sate
obimneya and tlnes are preparing as rapidly as our ll8aDB will admit.
On the first of Sept. oapt H. a. Baabrou.ok, returned //from detaohed
serrl.oe at the lAva Beds, where he ·had been sent to reoover Lieut
Oranatons body and to repair the fenoe arcund the military Cemetery
I fi 2

1 fi2:
ordered to this post his station can join without difficulty before the
Cascade range is blockaded with snow; the longer route via Ashland and
Linkville oan be travelled llllch latter than the short route from Jack-
sonville direot.
Since the 8th of March last no officer belonging to Company F
211 Inft has been on duty with it The company has been commanded by
offioers whose interests were with other organizations, and I believe
it to be for the best interests of the service and the Company to
whioh he has belonged since April 5 '73 that Lt.eut Ebstein be ordered
to it at the ear lie at date.
I am Sir
Fort Klamath Letter Book. Vol. 8
Office Of the Adjutant General
The National Archives
Very respectfully
Your obedient servant
F. Wheaton
Lt.eut Col 21• Inft
Commanding Post

To the President
Honored Sir At a meeting of citizens held in the city of Philadelphia
this day the folloWing Resolution was passed, and the undersigned
was requested to forward to you
Oct 1 1873
Special File, Modocs, 1873
Office of Indian Affairs
The National Archives
.&I
Respectfully in behalf of the meeting
J. Murray Spear

Resolved, that while we are the f'riends of' good order and desire
to encourage and promote a high civelization, we deeply regret
that the Presedint of' the united States should have issued an
order for the execution of the convicted Modoc Indians, and we
pray him to commute their puniShment and ask that he place them
in positions which while the lives of citizens may be protected
theres may be preserved and efforts be made f'or their education
and civilization
Special File, Modocs, 1873
Office of Indian Affairs
The National Archives
AI
a protest aginst any farther strenghting
of
lfi2r
... J

LWestern union For.ml
THE Wl!STERN UNION TEL:mRA.PH COMPANY.
Jacksonville Ogn Oct 4 187 3
Received at Portland 4 18 73 12 M.
To Jeff C Davis U S A Comdg
Dept of Columbia Portland
On the hour of the execution of Captain Jack and his eo-murderers
at Fort Klamath on yesterday the Sheriff of Jackson County was
present with Bench watrants & exemtified Copies of the indictments
of the Lost river murderers and demanded their surrender to the
civil authorities of this state for trial & punishment a writ of
habeas corpus has also been issued by Justice Prime of the Circuit
Court of Jackson County Commanding that the indicted murderers be
brought before him & cause be shown why they are withheld from
trial I respectfully ask that you communicate these proceedings to
Washington and that final action in the premises be taken by order
from there
115paid 8 Ex
T S Ja
L F Grover
S. F. Presidio A., L. R., D. C., 1873, 12310.
AI
Govr of Oregon
lfi27

Governor of State of Oregon *
Jacksonville, Ogn.
Telegram.
Headquarters Dept of the Columbia,
Portland, Oregon,
October 4, 1873.
Your telegram relative to action taken by civil authorities,
State of Oregon in case of MOdoe prisoners has been transmitted to
the War Department.
{signed) Jeff C Davis
Official: Bvt Maj Genl, Comdg.
H. Clay Wood,
A. A. General.
* lP.argine.l note.D 202/, Oregon, State of, 2310 D. c. 1873, Copy by
mail Oct 4. 73.
S. F. Presidio A., L. S., D._c., Vol. III, P• 237, (#762).
I '}qq
,;""""/ !'"
1628

22 Lost river blind Man's Family-
Lost river blind Man Buck 1
do's Son 1
do's Squaw 1
do's Girl 1 4
23 Tule Lake Big Man's F&.mily
Tule Lake Big Man Buck 1
do's Squaw 1
do's Girl 1 3
Carried Forward 22 27 30 79
24. Tule Lake Sam' s Family
Tul e Lake Sam Buck 1
do's Sons 3
do's Squaws 1
do's Boy 1 6
Total of Capt:: Jack's Lost
River Modoc Indians 26 28 31 85
Cottonwood or Hot Creek Modoc
:B;:md
1 Bogus Charlie's Family
Bogus Charlie Buck 1
do's Squaw 1
do's Boy 1 3
2 Hawker Jim's Family
-
Hawker Jim '" Buck 1
do's Squaws 3
do's Boys 2
do's Sister 1
do's do f s Boys 2
do's do's Girls 2 11
'
'
-
"
.. lf3 J 5

moved to Fairchild's Ranch, California, I reported next morning the
20 1 of May at that. point, to Brevet Major General J. C. Davis,
Commanding the Department of the Colu.mbia - the District and lviodoc
Erpedition Commander having left Fairchild's Ranch for Benicia an
hour before my arrival; on the following day May 21 1 I was assigned
to duty by the following Department field order.
Special Orders
lfo 59b.
)
)
)
Hdqrs. Dept. Col. Fairchild's Ranch, Cal
May 21 1 1873.
Par. 4 -- Lieut. Col. Frank rfueaton, 21 1 Inft. having reported
for duty is hereby assigned to the command of the District of the
Lakes and of the troops comprising this Expedition.
By command of Brevet Major General. J. C. Davis.
FB
(Sd.) E. V. Sumner.
Captain 1' Cav.
Aide-de-Camp.

Company "K" 4' Arty. commanded by Capt. Edward F1 eld, 4' Arty.
Company "M" 4' Arty. coiiiiil8D.ded by Brevet Major c. B. Throgmorton,
Capt. 4' Arty.
Five companies ot Infantry, two of the 12', and three ·of the 21',
Regiments, under command ot Brevet Colonel E. c. Mason, Major 21' inft.
Company "E". 12' Intt. co:n:IIllallded by Lieut. Geo. W. Kingsbury, 12' Intt.
Company "G" 12' Inft. commanded by 1' Lieut. E. M. Camp 12' Intt.
Company "B" 21' Intt. COIIIIIl8D.ded by 1' Lieut. John M Ross 21' Intt.
Company "C" 21' Intt. commanded by Capt. Geo. H. Burton 21' Intt.
] 65
Company "I" 21' Intt. COIIIID8llded by 1' Lieut Edward R. Thellar, 21' Intt.
There were six pieces ot Artillery With the troops in the field.
To the above toroe ot regulars must be added seventy-one Warm­
Spring Indian scouts under Donald McKay - Acting Captain.
With the three squadrons then being organized and prepared to
hunt the Modocs who had escaped trom the Lava Beis, the following
named Asst. Surgeons were on duty.
With the first Squadron Asst. Surg. Calvin De. Witt. U. S. A.
"
"
Second
Third
"
"
Actg. Asst. Surg. J. o. Skinner, U. s. A.
Actg. Asst. Surg. T. T. Cabaniss u. s. A. ·
The Department CoDmander was present in the field during all the
subsequent movements and operations against the Modoc Indians, and all
orders and instructions given by me were with his full approval and
sanction.
·' ....

Enclosed, marked "E." I forward copies of the most tmportant
orders and instructions issued by me in the field.
On the 26' of May all the Cavalry and Infantry of the Expedition
were assembled, and camped at Fairchild's, Ranch, California. The
Artillery companies were camped at Tule Lake peninsula Depot.
Captain Jack, With his Lost River Band of Modocs, was supposed to
be either in the Snow Mountain Range, south of Tuli Lake, California,
or making his way to the rough and almost inaccessible country
bordering Goose Lake, Ogn. and between that Lake and Clear Lake,
California.
It required several days to refit the mounted - force of the
Expedition for operations in the country referred to. Blacksmiths
worked day and n.ight at our camps near l'airchild' s, shoeing Cavalry
and Battery horses, the Warm Spring's Indian ponies, and the Pack -
trains for the three squadrons.
On the 23' of May the third - squadron (Jackson's} marched
to Tuli Lake peninsula Depot. On the 25' the second squadron
(hasbrouck's) marched to the swne point. All under the direction
of Major John Green, 1' Cav. conmanding the mounted force. On the
morning of the 28' the First Squadron (Perry's) marched from the
camp near l!'a.irchild' s to the Lost River ford, "en route" to Tuli
Lake peninsula Depot. District and Expedition Headquarters marched
with this Squadron.
AI

Modoc Expedition.
I take pleasure in inviting the Department Commander's attention
to the very creditable service rendered by the Warm Spring Indian
Scouts, frequently referred to in the within reports, under their
skillful and experienced leader Donald McKay, their services were
always Ul;portant and at times invaluable.
As I was not in command of the Modoc Expedition during the
operations conducted in and around the Lava Beds, at the time of,
and immediately subsequent to the murder of General Canby and the
Peace Commissioner in April, and the movements made early in May,
I am unable to report on the operations referred to. Major Green• s
and Major Mason's reports, herewith submitted, cover the period of
time referred to above and with which I am not familiar.
:Enclosed, accompanying this report, a complete list of Modoc
Indian prisoners of war is transmitted. It is believed that this
list includes all of Captain Jack's renegade Lost River and Cotton-
wood Creek bands, forty-five Bucks, fifty-tour Squaws, and sixty-two
Children. It has been unofficially reported that two old men,
Rock Modocs, afraid to leave their hiding place near J'al.l River,
are still out. It is probable that those two the only ones not
captured, will eventually work their way to Yainax, and join
Schonches the head of the Modoc Nation, who with his people is quiet
and well behaved, all faithfully regarding their treaty -- pledges,
and satisfied that Captain Jack's ignominious end, was well merited
retribution.

Asst. Adgt. General
Sir
Department of the Col.
Portland, Ogn.
Bead Qrs. Fort Klamath, Ogn,
Ootober 7" 187,;
As direoted in special Orders No 123, Head Quarters Dept. Colum­
bia of Sept 10, 187,; 1
I have the honor to report that on the third
day of Ootober 1873, between the hours of 10 A Jl and 2 P. !l. Modoc
Indian Captives
Captain Jack
Sohonohia
Blaok Jim
and Boston Charley
were duly exeouted in accordance with the Presidents Order
On the date above mentioned and at the soaffold, immediately
before the above named :Modoc Indiana were exeouted
Bronohc alias one eyed Jim
and Sloluck alias Ook
wbQ bad also been sentenced to death by hanging, wer:e iilf:b11lll8d ot their
repreive by the President and General Order lfo.38 War Dept, of Aug,
23" 1873, read and interpreted to the reprieved, the exeoution oc­
ourred at 10.10 A. 11. by Fort Ita.th Post time and was conducted in
the moat solomne manner in the presence of all the 'lroops on duty at
this post 'lhe entire klamath nation was present, perfeotly orderly,
and deeply impressed, with the umaual scene. The post Cbaplian read
a prayer for the oond8lllled, immediatly before the signal was given for
the execution, and every possible I I formality was observed by the
•

Lieut Colonel Frank Wheaton *
Telegram.
Comnanding Officer Dist of the Lakes,
Fort Klamath, Ogn.
(By courier from Jacksonville, Ogn)
Headquarters Dept of the Columbia.
Salam, Ogn. Oct 9, 1873.
Decline to obey the writ so far as you are commanded to produce the
bodies of the Modoc prisoners before the court. but send a return
to the writ by a Staff officer setting forth that prisoners are
captives of the General Government, charged with crimes committed
in violation of the laws of war. The Attorney General has decided
that the prisoners are only triable by the ·Military Courts of the
United States.
(signed) Jeff c. Davis
Brevet Major General
Official: Commanding.
H. Clay Wood,
Assist Adjutant General.
* ffia_rginal note;] 244/, Wheaton Frank Lieut Colonel, 2350 D. c. 1873,
See 2352, D. c. 1873, See 2436 D. C. 1873.
S. l!'. Presidio A., L. s., D. C., Vol. III p. 252

1 fi
The post supplies are ample, well stored, and in good condition.
The winter supplies of vegetables for companies, hospital, and Officers'
families, received in good order from Rogue River Valley, one hundred
miles distant, and stored in root-houses pertaining to the companies
aDd hospital.
Boot-houses for each set of Officer's quarters are greatly needed,
estimates for their construction have been forwarded.
This fall has been umsually mild tor this aeotion of country,
deep snows in November are etten seen here, but one snow-storm has
ooourred during the past //month; on the 29' two inches of snow fell
but had disappeared by noon on the 30•.
Fort Klamath Letter Book, Vol. 8
Office of the Adjutant General
The National Archives
I am sir,
Very respectfully,
Your obedient servant,
Frank Wheaton,
Lieut. Col. 211 Intt.
Comdg.