White Man’s Law Rules the Country: The Modoc War

INTRO

In the fall of 1873 thousands gathered in southern Oregon at Fort Klamath to stand in witness as the man viewed both as leader and aggressor made his way to the gallows - a thirty foot long scaffold made of pine logs. Kientpoos, known to white settlers and Indian Bureau Agents as Captain Jack, along with fellow Modoc members Schonchin John, Black Jim, and Boston Charley prepared for their death sentence. The men stood in front of the crowd convicted of the war crimes due to the murder of peace commissioners just a few months prior, the culmination of a months long war - and a decade worth of mistreatment. 

The Modoc War was one of the most expensive military operations against the indigenous population launched by the United States government. After decades of broken treaties and stolen land, members of the Modoc tribe launched one final attempt to safeguard their community. The war captured national attention as newspapers from both coasts covered events in tabloid-like detail, yet many today do not remember one of the last of the quote unquote Indian wars. 

So this week I am diving into the Modoc War. When was it? What prompted it? And what is its legacy? 

Grab your cup of coffee, peeps. Let’s do this. 

While the official starting date of the Modoc War is in November 1872, tensions between the Modoc and the federal government had been building for over twenty years. The Modoc’s original homeland spanned over 5,000 square miles, covering portions of what are now the states of California and Oregon. Starting from Mount Shasta in the south and Goose Lake to the east with the Cascade Range to the north, the community had access to plenty of fresh water streams and rivers for fishing, and land to hunt. Members of the Modoc were also known as Moatak or Moatak e-ush which translates to lake of the extreme south - the tribal name for Tule Lake which was part of their original homelands. 

This large tract of land spelled trouble for the Modoc once white settlers began to arrive en masse. Historian Brandan Lindsay argues the road to war began as early as 1851 when new white residents entered northern California, setting up the town of Eureka on the western edge of Modoc land. Friction between the settlers - who were hungry for more land - and the Modoc people quickly escalated and in the fall of 1852, 30 Modoc were killed when Ben Wright - known as the quote un-quote Indian Killer, entered Modoc territory under a white flag only to turn around a slaughter unsuspecting men, women, and children. Tensions and hostilities continued until 1864 when the United States government succeeded in convincing the Modoc to relocate to a reservation to the north. 

Per the terms of the agreement, the Modoc would relocate their community - ceding roughly twenty million acres - to live on the Klamath reservation in Oregon - sharing roughly two million acres of territory with their longtime enemies the Klamath - in exchange for annual supplies for 15 years to help them get to a place of self-sufficiency and protection of their reservation land from further encroachment. While several members of various nations were present and signed on to the agreement, the United States failed to fulfil their side of the agreement. The treaty sat in Congress for nearly five years, which meant no funding for supplies was authorized. Even after the treaty was ratified in 1870, it took then-President Ulysses S. Grant another year to issue an order to reserve an appropriate tract of land to be used for the Modoc. Yet despite the bureaucratic delays, the Modoc had already relocated to the Klamath region and were struggling to find enough food to meet their needs. 

The struggle over food was exacerbated by insufficient supplies. The winter of 1866 was particularly cold and the Modoc found they did not have access to enough food and were in short supply of blankets to help keep them warm. Food supply grew so dire that the Modoc resorted to slaughtering their beloved horses for meat to feed their families. Several among the community began to sense that the United States government was quick to promise everything, but slow to deliver anything. Some within the tribe began to feel as if the federal government had broken their word and that made the terms of the treaty void, yet others felt that they needed to exercise patience and continue to follow the terms of the treaty. 

At an impasse, one frustrated Modoc leader Kietnpoos - the man known to Americans as Captain Jack and the name I will use out of respect since I am unsure of the proper pronunciation - moved some of his people back to a portion of their traditional homeland along the Lost River area. White settlers living in the area, of course, were angered over what they felt was an encroachment on their territory. Given their violent interactions in the past, there were some who were concerned that the Modoc might attack. Tensions grew so high that white settlers appealed to Indian Bureau agents pleading with them to get involved and remove the Modoc once and for all. In the fall of 1869, Captain Jack led his group back to the Klamath reservation hoping to see the agreement finally honored. When the U.S. still failed to furnish supplies, several Modoc - again led by Captain Jack - moved back toward the Lost River areas in April 1870. 

Again white settlers were angry - claiming that the Modoc were in violation of the treaty agreement. The Modoc community quickly became the scapegoat for whatever issues were plaguing the neighborhood - everything from lost cattle to a bad crop seemed to somehow tie back to the Modoc. Things remained tense - though largely without much incident - until November 1872. That is when several highly influential families living in the area successfully convinced the Commissioner of Indian Affairs F.A. Walker to issue an order of removal for the Modoc. In his direction to the local commander, Walker wrote that they should remove the Modoc quote “peaceably if you possibly can, but forcibly, if you must,” end quote. 

State Superintendent of the Indian Bureau Thomas B. Ordenal relayed the orders to another agent, and member of an influential local family, Ivan Applegate. Applegate was to convince the Modoc leaders - among them Captain Jack - to meet with Ordenal in the town of Linkville to negotiate. Unsurprisingly, this offer was rebuffed and the Modoc indicated they were not interested in meeting, negotiating, or moving back to the reservation. Believing that there was a slim chance at further negotiations, Ordenal then ordered Applegate to carry out another order - arresting Captain Jack and anyone else who refused to relocate. As he was going out to the Modoc village, Applegate received a bit of advice from a local troop commander who was familiar with the Modoc people - any movement against the Modoc, he warned, would require a significant commitment of troops and the existing unit was not sufficient. Whether suffering from hubris or believing that once their leader was arrested the rest of the community would fall in line, Applegate disregarded this advice. And it cost the United States - and the Modoc - dearly. 

Thus, on November 29 1872 the first shots of the Modoc War rang out along the Lost River. Modoc men warned the rest of the community by firing a gun, awaking sleeping men and giving women and children enough time to seek safety by lying flat on the floor of their houses. As author Robert Quinas McNally describes, Modoc homes were quote “partly dug down into the soil and subsoil,” end quote. This design, McNally writes, quote “afforded protection against rifle fire,” end quote. The small force of military men were not the only ones taking up arms again the Modoc. Several white settlers joined in - hoping to finally convince their unwanted neighbors that there was nothing but violence waiting for them at Lost River. One man, George Small, even shot a 6 year child before turning his gun on a mother and her infant - whose body was torn in half. 

In Modoc culture, murdering women and children was strictly forbidden. It was a complete violation of their war rules and thus, when they learned what Small had done, they sought revenge. Member of the Modoc killed several men - but left women and children unharmed, apparently telling one woman quote Modoc doesn’t kill women, white people do. With their village to the west burned, the Modoc made their escape via the water. Loading into small canoes, tribal members navigated down the Lost River - which was connected to Tule Lake - and headed southwest toward the lava beds which was a traditional place of refuge. Their successful escape meant the first battle was over - and the Modoc had won a decisive victory. Losing only a single man, the Modoc had managed to take down about a dozen settlers and two soldiers, wounding six others. Yet their victory came at a price - no longer able to living along the Lost River, members of the Modoc had to take refuge in the lava beds - a key element in their defense against the U.S. military who was completely unprepared for the rugged, rocky terrain that surrounded the area. The Modoc utilized the landscape to their advantage - using the deep cracks in the ground as trenches and fissures for outposts. The lava beds were also part of the Modoc origin story - it was where they believed the Earth began. 

But not all was well. When the men who murdered the white settlers made it to the lava beds and shared what they had done, Captain Jack almost surely knew that the revenge killings - though seen as justified within the Modoc culture - would not go unnoticed or unpunished. As author Robert Aquinas McNally writes, Captain Jack likely felt that quote “the whites would see the killings as atrocities demanding the extermination of every Modoc,” end quote. His instincts were correct.

Oregon Governor Lafayette Grover blasted the Modoc as quote “a band of robbers and murders” and referred to members of the tribe as quote “the most treacherous and blood-thirsty savages west of the Rocky Mountains,” end quote. The war against the Modoc received national attention as newspapers from across the country reported on the conflict and their coverage was almost always one sided. Writing about the historical memory of the war, historian Boyd Cothran highlighted how contemporary papers quote, “combined arguments of indigenous savagery and criminality in their reporting to transform the Modoc War into a spectacle of racial violence that suffused the conflict with a narrative of American innocence,” end quote. The prolonged conflict even drew the attention of Edward Fox, a reporter working with the New York Herald who gained entry into the coveted lava beds to interview members of the tribe – much to the consternation of military officials. 

The two sides collided once again - on January 17, 1873 at the battle of the stronghold. Again, the U.S. military was outmatched by the Modoc - not by numbers - but by homefield advantage. Modoc warriors were out numbered four to one and knew the only way they had even the slightest chance at victory was to maximize any and all opportunities to the fullest. Thus, when the military deserted the field of battle and left their guns and ammunition behind, Modoc women picked the area clean, restocking the Modoc supply. Going into the conflict, there were assumptions by those in authority that any battle with the Modoc would be brief as no indigenous community was strong enough to successfully combat the armed forces. Therefore it was more than a little awkward for the commanders on the ground to explain to their superiors what exactly went wrong. Local leaders pointed to the terrain as the main culprit to their delayed victory - they just couldn’t get close enough to the Modoc to force a surrender. And despite the fact that several political leaders were helping stir up animosity against the Modoc, at least one man saw the tribe in a different light. Captain Reuben Bernard, a Civil War veteran, saw the Modoc as something more, writing quote, “they have fought like men fighting for their rights, and if any man or men should have, or could gain their rights by fighting for them, the Modocs are more than entitled to what they claim” end quote. 

Bernard saw the Modoc as more akin to freedom fighters and believed that their cause was so personal and ran so deep, that the expense of defeating the Modoc was going to be too costly and that peace - and land - might be a better solution. Bernard suggested that one way to peace could be offering 1,000 acres of land near the mouth of the Lost River which also covered the lava beds. Unfortunately, those higher in the chain of command did not share Bernard’s views and were disinterested in any further negotiation over land. By this time, the prevailing opinion was that the Modoc had already violated one treaty so there was little use in trying to establish another. 

Despite the deep hostility toward each other, members of the Army and the Modoc met on several occasions in attempts to work out a deal. At each meeting, Captain Jack would repeat the same demands - amnesty for the men in his tribe who murdered the settlers and guaranteed land along the Lost River. Each time Captain Jack’s demands were denied while the Army kept increasing its manpower. Stuck at an impasse, talks broke down and the two sides were again locked in a war of attrition. 

With the thirst for blood running high, President Grant decided he wanted to try once more to end the hostilities through diplomacy. He authorized a peace commission and appointed A.B. Meacham to lead the charge. The commission included two other men, both friendly or aligned with Meacham who served as the chair. Their duties were twofold: determine the cause behind the Modoc hostilities and figure out the best way to end the fighting and restore the peace. To aid these efforts, Grant also ordered the military in the area to stand down and serve in a protective capacity only. 

The Modoc were split over whether to attempt to negotiate with the United States again. No doubt exhausted from the numerous failed negotiations already had, some members were of the opinion that the federal government had demonstrated they were untrustworthy and any further talks were useless. Others were concerned about what would happen to the men who in the tribe’s eyes had committed a justifiable killing. And of course there was concern about where the Modoc would live as they had no desire to live in Klamath and had thus far been rebuffed in their proposal to move back to their traditional homelands. 

Yet they could also see clearly that the United States Army was only increasing its presence around the lava beds. Sure, the Modoc had successfully defended their position for several months, they had limited access to food and water and knew that they would eventually have to leave the safety of the caves and when they did, they would be heavily outmatched. Thus, using a Modoc woman named Winema as an intermediary, the parties agreed to a meeting in mid-April. But there was a problem - as Winema was traveling in her capacity as intermediary, she learned of a plot to kill the commissioners. Although Winema came from the Modoc, her overall aim was to secure peace and she did not think peace would be possible if any harm came to the U.S. representatives. Thus, she warned A.B. Meacham and Brigadier General Edward Canby, who was joining the peace commissioner to aid in the talks. But her warning was disregarded. 

On April 11th, 1873 - after the two sides sat down and shared cigars brought by Canby, negotiations began. Again, Captain Jack repeated his demands, quote: “take away the soldiers, and the war will stop. Give me a home on Lost River. 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 other men have.” In response, Meacham explained that due to the killing, the Modoc were not welcome and could never return to the Lost River area. Captain Jack returned with asking for the land around the lava beds - making the point to Meacham that the land was not attractive to settlers. Again he was rebuffed. Captain Jack next turned to the treatment of the men responsible for killing the settlers. When learning the men were going to be put on trial, the Modoc leader asked whether the white men who killed Modoc women and children would be turned over. Again Meacham said no, telling Captain Jack quote “Modoc law is dead; the white man’s law rules the country now; only one law lives at a time.” And despite the fact that Canby had the authorization to grant land redistribution, he remained firm in his statement that the Modoc needed to trust the government and surrender as prisoners of war first. 

Finding that the negotiations were proving fruitless, Captain Jack next pulled out a revolver and fired. Reported as the Good Friday killings, the Modoc killed Canby, a Methodist minister who was in attendance and severely injured A.B. Meacham. The Modoc’s decision to attack lost them any inkling of sympathy they might have earned from the general public. After the failed meeting devolved into violence, The New York Times wrote quote: “Public opinion is almost unanimous against the peace policy, owing to these recent occurrences, and the majority believes in exterminating the outlaws,” end quote. 

The Modoc were in desperate need of food and water and thus, despite the grave risk it meant to their safety, left the lava tubes in the cover of darkness. The Modoc and the U.S. army engaged in a few more battles - including the first loss for the Modoc on May 10th, before Captain Jack turned himself in on June 1st, 1873. The men who killed the peace commissioners were tried and convicted for war crimes and October 3, 1873 settlers and Modoc gathered to witness the execution of Captain Jack and his accomplices. The executioner then sent the severed heads and bodies to the Army Medical Museum. Less than two weeks after the execution, the remaining Modoc were removed from the area as prisoners of war, forced to settle in Oklahoma.

A war lasting six months that put the force of the United States army - which swelled to roughly 1,000 troops at its height - against the small but mighty Modoc - who scholars estimate had less than 60 fighters - was one in a string of conflicts between the U.S. and indigenous nations in the 1870s. Weakened by disease and conflict, indigenous nations nevertheless continued to push for autonomy and demand that the federal government honor its many treaties that protected their homelands. By the end of the next decade, however, many indigenous communities were stripped of their homelands and were facing increasing pressure to assimilate to the American way of life. 

Thanks, peeps. I will see you next week.

OUTRO