Newspaper of The New York Herald, April 15, 1873, Page 5

Newspaper of The New York Herald dated April 15, 1873 Page 5
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om m JAILERS, Uncertainty in Havana Regarding the Herald Commissioner's Fate. HOPEFUL VIEWS OF THE BRITISH CONSUL. He Has Had Three Interviews With the Captain General. Present Inability to Act Decisively in the Hatter. MANLY LETTER FROM MR. O'KELLY. "Ifl Am a Prisoner It Is Because I Fool ishly Trusted in Spanish Honor." A Week in Prison Without a Word of Cheer. IGNORANT EVEN OF THE ACCUSATION. How a Spanish Fiscal Can Swal low Letters and Despatches. His Strict Neutrality Distinctly * Preserved Throughout. THE LETTER FROM CESPEDES. It is Addressed to the Proprietor of the Herald. FIRM TONE OF THE AMERICAN PRESS Havana, April 13, 1873. Many rumors about Mr. 0' Kelly have pre ?ailed here to-day, and I have endeavored zealously to trace them to home reliable source, but everybody in official circles is so reticent that it is extremely difficult to obtain accu rate information. Early this morning I Bought and obtained another interview with CONSUL GENERAL DUN LOP at the Telegrafo Hotel, He received me with the utmost courtesy. I requested to know what steps he had taken to obtain Mr. O' Kelly's release or induce Captain General Ceballos to change the place of trial from Manzanillo to this city. Consul General Dun lop answered that he had had xbrxe interviews with the captain general on the subject; but that he was not as yet at liberty to state to me what had transpired at those interviews. He assured me, however, that he did "not believe that the Spanish authorities would resort to extreme measures in Mr. 0' Kelly's case. Furthermore, he said the OPPORTUNITY FOR HIS DIRECT rNTEUVENTlON as Consul General had not yet arrived. So Car no trial had taken place; nor had any time been appointed for such trial ; that the proceedings, thus far had been confined to mere preliminary inquiries to form what the military authorities call the causa. Another Letter from Mr. tVKelly? The Authorities Canceal the Charge? His Character as a Neutral Strictly Pre served? The Letter from Cespedes. Havana, April 12, 1873. I have received to-day the following letter from Mr. 0' Kelly, from his prison cell at Manzanillo. It tells its own manful story, and I, therefore, prefix no comment:? MR. o' KELLY'S LETTER. Calabozo, Fort Gerona, Manzanillo, | April 6, 1873. J Dear Price ? I am at last forced to acknowledge that the friends in Havana who warned me about the danger of being a newspaper correspondent in Cuba knew more about Spanish law and the Spaniards* than I did. However, when these wise people warned, I was too much committed to have turned back. jffT WORD OF HONOR was given to carry out my mission at all haz ards, and I have kept that word fully, and car ried out the instructions of Mr. Bennett with ?cmpulous fidelity. Whatever may be the result this thought will not fail to bring one consolation ? namely, that so far as the success of the mission depended on me it has been brought to a satisfactory close, and IT I AM TO-DAT A PRISONER it is because I trusted foolishly in the gen- | crous and enlightened views of the Spanish authorities. It never seriously entered my mind that if I voluntarily presented myself without seeking disguise at any of the Spanish encampments that the government would in terfere with me. I was encouraged in this view by every Spanish officer to whom I spoke. Even General Morales de Los Rios and the Attorney General at Santiago de Cuba assured me, in the last interview I had wifh them, that in case I presented mysell to the author ities NO ACTION WOULD BE TAKEN AGAINST ME. Confiding in these representations, I resolved to return through the Spanish lines as a proof of my confidence in the authorities and my own good faith. the warnings or the insurgents were treated ns were tho warnings of our pru dent friends, the result islam a prisoner actually in course of being tried by a military tribunal. Although I have now been a pris oner seven days I have NO IDEA or WHAT THET ABB OOfHO TO ACCUSE ME, except a general one that it is something serious, judged from the care taken in guard ing me and preventing me trom communi cating with any one, except through the Fiscal or Military Judge. So far I have not had a word either from the Consul at Santiago de Cuba or the Consul General at Havana. The Vioe Consul here is a German. He has been very attentive. There are appa rently no Americans or English in the town, and I am as much cut off from friendly advice or assistance as if I was IN THE KIDDLE OP AFRICA. Even the telegraph seems to lose its virtue the moment I touch it, or, rather, it is touched for me, for, up to the present moment, it has not conveyed a single message to me from any point of the oomposs. I need scarcely say that in my present position I feel this very much. This evening I sent you a long telegram, re questing you to rise your influence with the representatives of America and England, so thut they could endeavor to procure REMOVAL, TO HAVANA FOR TRIAL. I foresee that if I remain here the afluir will drag on interminably. Besides, I have no means to defend myself here. Indeed I am i resolved not to attempt to do s^ as it would be folly. The peculiarity or my position is that I have no idea what I am to be tried for. MY CHARACTER AS A NEUTRAL is so clearly defined in all my acts, and I have so carefully avoided anything like complica tions with the various people whom I have met, that unless I am going to be TRIED FOR EEING CONNECTED WITH THE HERALD, I do not know for what else I can be tried. However, as I have to do with military law, there is no knowing what rules and regula tions I may have broken that would expose me to the action of the law strictly inter preted. Therefore it is of the first import ance that I shall have THE AID OF THE ABLEST LAWYERS I can reach. For this reason, as well as to be within consulting reach of the Consul General, I wish to be tried in Havana. The request is to my mind so reasonable that I do not think the authorities will reftise to grant it, if proper pressure is brought to bear. I assure you I am quite TIRED OF THIS BEAUTIFUL ISLE, and was looking forward with real satisfaction to my early arrival in New York, when I was locked up. THE LETTER FROM CESPEDBS. Among <-he xx;ters taken by th? authorities was a letter from Ospedes to Mr. Bennett. Sincerely yours, Ac. JAMES J. O' KELLY. OPINIONS OF THE PRESS. A Mission Legitimate to all Civilised Peoples. [From the New York Commercial Advertiser, April 14.] We take a more hopefn! view of Mr. O'Kelly's situation tban the Ukrald does, ills despatch, published tbis morning, indicates tbar, although a prisoner, he is not apprehensive of any bodily harm, ceballos would not dare to put him to death, because Mr. O'Kelly has done nothing to render him amenable to tnat extreme penalty of the laws of war. His office and visit are purely with the view or gathering information to be used for a purpose which all civilized belligerents recog nize as legitimate. The Captain General, Spaniard though he be. is not fool enough to do an act which would provoke the condemnation ol all Christen dom. [From the Newark Register, April 14.] O'Kellv, the Caban correspondent of the Herald, seems to be in grave danger, especially if he has carried letters from Cespedes to - the Cnban sym pathizers in America. The Spaniards may try to make a spy out of O'Kelly, but everybody knows it was Hkrald ent -rprlse rather tban any regard for Cnban independence that 'sent him. Tbe Spanish authorities could have refused to have allowed him to pass their lines, but cannot afterwards punish him for so doing. American citizens have some rights which must be respected, even if we have an obsequious and timid man at tbe head of the State Department. GERMAN AND FRENCH COMMENTS. Mr. O'Kelly'i Neutrality Confirmed Beyond a Doubt, [New Yorker Staats Zeitnng, April 14.) By the very thoughtless manner in which .the authorities in Cuba have arrested the Hkrald correspondent they have created for themselves an additional embarrassment We are certainly able to approve of the mission if tbe object is simply what has been stated. Still, no State that has any respect for herself, knowing that her citizens in the Interior were In a state of insurrection, would allow a foreign correspondent to cross to and re-cross from the Insurgents with impunity, nevertheless, wlmt the United States did to Knglish und Spanish correspondents during the rebellion in the South the Captain General might be permitted to do also to Americans. The responsibility which the Spanish government has in this respect, and the difficulties of tbe situation brought about by the action of the volunteers, render it almost a matter of impossibility that he should grant nny correspondent a safe pass to go as a neutral ob server on both sides, and in this case, in order to prevent him taking so rash a step he (the Captain General) declared that ir the correspondent shonld passover to the insurgents and was subsequently found within the Spanish lines he would have him shot. Tbe young man, whose courage, zeal and talent all must acknowledge, maintained, bow ever, that sach was tbe nature oT his commission tbat he would go without the ordinary permission, and in spite of this threat travelled across the country and by himself attempted to find out the insurgents, alter which he returned to the Spaniards, and was arrested within two hours rrom the time of his arrival. He then applied to the English Consul to interpose In his behalf, assur ing him of the impartiality or his mission, hut the Consul endeavored t? dissuade him from the under taking on account of tbe uncertainty of success and the possibility that evil consequences might follow. Suosoquently /he Captain General, when he was informed that O'Koliy had reached the In snnrent lines? that it was an /alt acryrnipii? mod erated his determlna" ion, taking a medium course, to the effect that li the Hkrald correspondent, on his return rrom the insurgents, should fall into the hands of the government troops, he would be con tent to tyiycium eipeileU from Cuba, in the mean time, however, various reports Have been started that this correspondent had undertaken several expeditions with the Insorgedta; that he took part therein, and that stncc then the leaders of the in surgents have been much bolder, making various successful raids, which allegations have been dnlj written up for the Spanish newspapers, causing a great deal of bitterness against the accused corre spondent. These reports are doubtless all false. The report thai Mr. O'Kelly had given the impression he was a perfect gentleman, whose word could not be doubted, and who undertook the commission with the instructions and with the promise also that he would do nothins inconsistent with his character of an unbiassed observer and an impartial reporter of (acts, will, lu all probability, be borne out should he be able to complete his task. It Ib certainly a fact that a great American paper had sent him on tills mission, and that he, while he started on it in opposition to the desire and in spite of the threats of the Cuban authorities (and which he has so far completed), has raised up the hopes of the Insur gents that the United States will Boon show its power in order to make the utmost possible im pression in lavor of the foreign observer, and to save her from the consequence of her previous course, while other and addi tional reasons contribute to give a cer tain elevation to her recent treatment of the question. These, it is possible, are the reasons why the Spaniards have so suddenly determined to liave some kind of a settlement as to the presence of the Herald correspondent and to bring him iuto the insurgent question. It would have been much more pmdent it the authorities, out of regard for the feeling ol those in the field, had given the highest officers strict orders to allow no correspond ent to go free on his return from the other side, to watch that no such did return; bub to attempt to ignore one after having taken official notice of him was the only way of creating embarrassment. It seems that neither exactly observed this pru dence, or an unforsee accident caused It otherwise. Mr. O'Kelly was taken up In Manzanlllo, It appears, one day after the in surgents had made'an attack there. He had to go through a personal search, and, it 4s said, docu ments?two letters of Cepedes, the President ol the insurgents? were found about his body, which, as they say, compromised him strongly. This lat ter circumstance would, of course, place him In a queer position, and the authorities un doubtedly would eonslder him nothing but a spy. We don't believe him to have acted thus dis honorably, and, at the same time, regard less of his own safety. The papers found on htm will very likely be nothing but notices ol observations and details given him by the lead ers of the insurgents, and lor that reason no re proof of guilt could lie made against him but that he had acted against the orders of the Captain Gen eral. Nevertheless the condition Is an ugly one for him as much as for the Captain General, as the latter is not entirely free to act, but depends more or less on the sentiment of the volunteers, to which, of course, he does not dare to yield for fear or a conflict with the United States. He seems inclined to put all the responsibility on the shoulders of the court martial before which Mr. O'Kelly Is to bo brought with a view to free himself of them; but it Is of no avail, for he could never consent to have a severe pnntnhment carried out should the court martial happen to lntllct one on Mr. O'Kelly. As ranch 111 will might arise against him, with damage to his own reputation, he must an ticipate the passion of the volunteers, or it might cause bad consequences. The situation is critical, and it seems to us can only be cleared up by a word from the United States satisfactory to both parties. They must protect the zealous reporter if they reprove those who aent him. ? The report that Mr. O'Kelly bad died from ex haustion on his way from Manzanlllo to Santiago, where the court martial was to be held, we hope Is not true, otherwise one would thiuk a murder had been commit'.^. If this has not occurred, though, it might still, 'r.w government in Washington ad vising the Consul General to do all in his power, in company with the English Consul, to protect Mr. O'Kelly and have him tried in Havana, and not to inflict a heavy punishment, for the so-called crime, was wise and deserves praise. Too Important a Man to Kill Without Trial. [From the Courier Des Etats ITnls, April 14.] A despatch addressed from Key West to the Herald gives the information that, loliowlng a widely circulated report in that locality, Mr. O'Kelly Had died from exhaustion during his trans fer from Manzanlllo to Santiago de Cuba, owing to the suffering and privation endured while im prisoned in tlie former place. The Hekald doubts the truth of the report to which the correspondent alludes, and we trust it is so. The Spanish authori ties have too much Interest in Hhleldiug Mr. O'Kelly from any mishap until his criminality has been well and authentically demoustratcd not to take every care imaginable or a life to which is attached responsibilities of the highest character. Were it otherwise the Spanish autBoiltles might be charged with lolly; but if the fact announced were true It would call forth the most severe condem nation on the part of the whole civilized world. Probable Verdict of the Court Martial. [irom Le MeBsagcr Franco-Americian, April 14.] The affair touching O'Kelly, correspondent of the Herald In Cuba, threatens to take a serious turn. To the appeals made to Captain General Ceballos, in order to obtain his freedom, the latter function ary has replied that at the time of his arrest at Manzanlllo, on March 31, Mr. O'Kelly was the bearer of two letters from the insurgent chief Cespedes. The Captain Geueral has added that "the corre spondent of the Herald had been warned before, by the military chiefs at Santiago and by the English Consul, of the danger he would run if he penetrated within the Cuban lines and If he entered Into com munication with the insurgents. It is, therefore, the charge of violating the neutrality order that is brought against him, as being the bearer or two letters from Cespedes." In consequence Mr. O'Kelly is to be treated as a spy. Im mediately after his arrest Mr. O'Kelly de manded to be transferred to Havana for trial; the Captain General, on the contrary, has ordered that he be taken from Manzanlllo to Santiago. It is not certain if this transfer has yet taken place. On April 12 the report was current that Mr. O'Kelly was dead from exhaustion during the journey from Manzanillo to Santiago; but this rumor has not been officially confirmed. The council of Inquiry before which the prisoner has appeared had sim ply to determine 11 there was cause sufficient to propose to the Captain General to send Mr. O'Kelly before a council of war, the Herald correspondent having refused to give any explanation as to his conduct. There is no saying what the Inquiry may determine, but the language attributed to Captain General Ceballo leads to the belief that the military court has already been convoked. If the above in formation is correct it is to be feared that the sen ' tence of death, the fatal cansequence of the accu sation of espionage, will be arrived at. Under these circumstances the brother ol Mr. O'Kelly, who lives at Hartford, has deemed it necessary to solicit the intervention of the United States. The loliowlng response has been received from Mr. Hamilton Fish :? l have telegraphed to United States Consul Gen eral In Havana, A. T. A. Torbert, instructing him that, inasmuch as James J. O'Kellv Is a British sub ject, this government cannot interfere officially, but that he see the British Consul and use ills good offices, either in conjunction with him or sepa rately, with the authorities to allow the trial of James J. O'Kelly to be conducted in Havana, and expressing the hope that they will deal mercifully with him. Hamilton fish. The English Minister In Washington has refused to Interfere, stating that to the Consul General in Cuba alone belongs the power to act lu this affair. In the highly probable case that the council of war at Santiago should pronounce his condemna tion to death, the friends of O'Kelly will doubtless address themselves to Madrid. We have not the slightest, doubt that the Spanish Republic would reruse to encourage an execution that would leave so much unpleasant leeling behind. In supposing that the accusation of espionage brought against Mr. O'Kelly be well founded, ol which we are Ignor ant, tlie saiety ol Spain certainly docs not require that this joumalftt, though slightly too adventur ous, should suffer death at the hands of the military. We are convinced that such will be the opinion of MeDors Ftgneros anil t'aste lar, If friends have the good sense to solicit tbeir intervention before it is too late. THE MODOCS. No News from the Lava Beds.

A Heavy Snow Storm Interrupts Tele graphic Communication. IMPORTANT FROM WASHINGTON An Edict of Extermination Against the Savages. PEACE POLICY PLAYED OITT. President Grant Takes a Deter mined Stand. ORDERS TO GENERAL SCIIOFIELD Attitude of the Interior Offi cials Defined. SECRETARY DELANO'S MISTAKE. The Appointment of Commissioner Meacham the Cause of the Trouble. A DELAYED DESPATCH. Text of the Instructions to the Peace Commissioners. SKETCH OF DR. THOMAS. An Oregon Colonel on the Indians and the Commissioners. Chicago, April 14, 1873. A heavy snow storm prevails between Omaha and Cheyenne. The telegraph wires are in terrupted. and nothing has been received from the Pacific coast to-day, THE PRESIDENT'S FOOT DOWN. No Appeal* for Mercy Llttrned To? The Modoci To 11c Exterminated. Washington, April 14, 1873. Telegrams poured into the White House to day from Philadelphia, Boston and other strongholds of the Quaker policy toward the Indians, beseeching the President not to allow the clamor of an ungodly press, or the pas sionate reasoning of those about him, to swerve him from his Christian, philanthropic peace policy, on account of the murder of General Canby and Dr. Thomas. The Presi dent saw General Sherman and a number of prominent officials. To all he said calmly that the Modocs must and shall be extermi nated ; not as a passionate revenge for their atrocious murders, but as an act of justice, as well as protection to the peaceful settlers in that part of the country. OFFICIAL DESPATCHES. General .Sherman's Orders Directing the Punishment of the Modocs? Extermina tion Will Be Sustained. Washington, April 14, 1873. The following are the despatches of Gen eral Sherman, showing the earnestness of the government to punish the Modoc crime: ? IlEADQrARTERH ) Armt of the United States, > Washington, April 12, 1873. ) General Gillem, Modoc Camp, via Yreka, Cal. : ? Your despatch announcing the terrible loss to the country of General Cnuby by the perfidy of the Modoc band of Indians has been shown to the President, who authorizes me to instruct you to mako the attack so strong and persistent that their fate may be commensurate with their crime. You will be fully justified in their utter extermination. W. T. SHERMAN, General. Repeat as copy for General Schofield, San Francisco, CaL DESPATCH TO GENEBAL SCHOFIELD. Washington, April 13, 1873. General J. M. Schofeeld, commanding Mdi tary Division, San Francisco: ? Your despatch of yesterday is this mo ment received. Last night, about midnight, General Townsend came to my house with a despatch from General Gillem to the same effect as yours, which despatch he had shown to the President, and I answered General Gil lem direct with a eopy of the answer to you. The President now sanctions the most severe punishment of the Modocs, and I hope to hear that they have met the doom they so richly have earned by their insolence and perfidy. Consult Mrs. Canby, and have every honor paid the remains of General Canby. This is Sunday. I will see tho President this evening, and to-morrow will notify you of any change in the existing command if made ; but you may be sure that any measure of severity to the savages will be sustained. W. T. SHERMAN, General. GENERAL JEFF. C. DAVIS TO SUCCEED GENERAL CANBY. General Sherman has sent a despatch to General Jcfleiyoo C, Qavji, now i& directing him to immediately proceed to the Pacific roast and assume the command made vacant by the death of General Canby. THE QUALITY OF MERCY. George H. Mtaart Willing to Have the Ravage* Paalihtd, bat Holds to the Peace Policy. Philadelphia, April 14, 1873. George H. Ktuart, of this city, a member of the Board of Peace CommissionerH, says the murderers of General Canby and party will be, and should be, properly punished, but the act on the part of Captain Jack will not alter the policy of the Board of Commissioners, which meets in New York, at the Fifth Aveirao Hotel, on Monday next. THE DIFFICULTY IN WASHINGTON. Attitude of the Indian Board? Ignorance of the Locality of the I.*v? Bed*? Mea ehain'i Appointment? Applegate and Or. Thomas. Washington, April 14, IM3. One of the astonishing tilings about the Modoc difficulty, licre in Washington, is the fact that neither at the War Department nor the Interior do' they seem to have any reliable information as to the exact locality of the "seat of war." Whether It Is north, south or west of Rhett or Tule Lake, or whether the last. 1s the proper name, appears to be a puzzle to both tho military and civil authories. What are termed lava beds extend on all sides of the lake. "The country thus described," said an Oregonlan to your correspondent to-day, "Is an upheaval of rocks, a broken formation, the Impas sibility of which can be well understood bv all who nave ever seen an Ice gorge-jawed ends sticking up In every direction, and over which meu attempting to scramble would be at the mercy of an enemy that might, thus sheltered, be lying In wait ror them." The Board of Indian Commis sioners say that they had nothing to do with the appointment of tho Peace Commissioners to tho Modo:s. From an official sourco It 1b ascertained that when the news arrived here last Winter that the Modocs refused to return to the Klamath Reser vation; had fired on the troops who peacea bly attempted to remove them, anti after wards had repulsed the rorce under General WheatoB, who bad been scut to compel their obedience, there exUted an apprehension here that this outbreak might result, In extending to other tribes, In AN INDIAN WAR IN SOUTHERN OREGON and Northern California. How to avert this was a matter ol serious consideration. The administra tion was warmly In favor of a peace policy, it was the humanitarian and popular side of the question. All through the country had grown up the . belief that the Indians had been badly treated; that they had been lied to in the promises which had been made them, and swindled by thieving agents who had made lortunes out of the annuities Congress had appropriated for their benefit. And then to tills feeling was added that, of the leading army officers in Washington, who said, "While. we arc at the service of the government and ready always to do our duty. If there Is any possible way of preventing an Indian war nobody will he better pleased than ourselves. It Is a war In which we can gain no credit and are subject to a great many sneers. There is neither honor nor promotion in It. If the troops make a forced march ami surprise the Indians, as was done by Custer at tho Wltchita, it will be said that we struck a bund of peaceful In dians, and if a small party sboulu happen to i?e. ambushed by the savages while going through what might be deemed a friendly country, why then the officer In command would be denounced as totally unfit for a commission, so we want, none of It." MEACITAM'S OFFER TO DEI.ANO. Of course any scheme which would prevent such a war would be welcomed. It happened when the news of this Indian difficulty arrived Mr. Meacham, a late Superintendent of Indian Affairs, was in Washington. He had been removed from his posi tion by Senator Corbett because he was opposed to that individual's re-election as Senator. He wanted to get back In his old place. Tiits trouble waH Meacham's chance. Through friends he represented to the Secretary of the Interior that he was the man to stop this difficulty and that, if he was permitted to select his associates, he could bring the Modocs at once to terms. Be lieving his assertions Mr. Delano at once appointed him commissioner, to act In conjunction with those whom he named, (jnd gave htm lull power to bind the Government to the protoiscs that, on arriving on the ground, he might deem best, alike for the Inter ests of the settlers and the Indians. When reports came back the Secretary came to the conclusion that he had made a mistake ; that so far from Meacham being the right man for the place he was Just the wrong man. The Indians said, "You are the mau who forced us on the Klamath Reservation with onr old ene mies, and we want nothing to do with jou. ^ou promised us houses to live In and farms and schools Tor our children, that we sheuld live like the whites, but when we went there we had to He down on the ground. We had no food to eat, and we were cold. There Is frost there all through the hot and cold moons, Summer and Winter. We have come back to our old homes where there Is fish In the river and we can kill game, nere we can live. There we will die." applkoate and meacham. Applegate, an old and well known citizen or Oregon, who had been appointed one of the asso ciate Commissioners, at once saw the want of con fidence the Indians had In the Commission while Meacham was connected with it, ami after an in terview with the Indians forwarded his resignation to the Secretary of the Interior, stating very ex plicitly that the personnel of the Commission was obnoxious to the Indians, and, as constituted, could do no good. Mr. Steele, another Commis sioner, also withdrew. On the recommendation of Mr. sargent, then a member (now a Senator) from California, the Rev. Dr. Thomas was appointed one of the Commissioners. This gentleman, whose un fortunate death will be regretted by many mends, was a prominent clergyman of the Methodist Church. He was for many years the agent of the "Methodist Book Concern" tn San Francisco and was considered the representative of that Church on the Pacific coast. He was a man of considerable Intellectual ability, and, though earnest In what be thought was right, was so mild and pleasant. In his manner as to be universally popular. The Secretary, feeling some delicacy about the removal ol Meacham. re quested ucneral Canby to become one of the Com missioners, authorizing him to make any change among the Commissioners that he might deem necessary. This of course evidenced TUB CONFIDENCE OF THK DEPARTMENT IN (JENBtAI. CANBY. Yet still it was hardly the thing to da. It. looked like shirting responsibility. With his amiability or disposition, it was hardly to be expected that he would exercise the harshness or summarily dis missing an associate appointed by the general government. He believed the Indians would not come to any terms, and the best way was to com pel them by force to surrender, and then aftewards to place them on a reservation where they would be ont of the way or the settlers, and be satisfied. It is understood that he was opposed to returning them to the Klamath Reservation, lor the reason that the Modocs and the Klamaths had always been enemies, and It was not a wise policy to place them together. The Klamaths are Oregon Indians, and assimilate with the Chlnooks and other Indians or that country. The Modocs are a branch of the Pl-Utes, bands that roam through Northern California, Nevada and Utah. It was this Ill-judged attempt of forcing together old timed enemies which was the original cause of the trouble. If General Canby had been exclusively assigned to tho duty of settling this trouble It would, doubtless, through hit excellent tact, bft't u?en Milled without Uie lor of tia MM Dr. Thomas' valuable Htcb or the extermination of tilt Indians. A DELAYED DESPATCH FROM TREIA. The following despatch, forwarded from Treks, Cal., was not received here until eleven o'clock last night:? Lava Beds, April 7, 1873. To Hon. COLCMBUS Delano, Secretary of the In. terior At the first meeting since our arrival here the Modocs Insisted on amnest j lor all aud a home on Lost Klver. At the second meeting ihey aban doned their claim to Lost Klver, and demanded tha lava beds lor a home. We do not believe a lasting peace would follow the settlement of the Modocs In this country. We meet them to-morrow to dts< cuhs only amnesty and a new home. They aro wavering, and indicate willingness to talk ove| these terms. A. B. MKACHAM, Chairman of the Commission. MR. MKACIIAM RECOVERING. It is reported that Mr. Meachapi, who. in the first accounts, was said to be mortally wounded, will recover. The first intimation officers on duty at the War Department had that the animosity of the Modoes was personally directed against the prin* cipal Peace Commissioner was through the HeralV of yesterday, containing the exclusive history ol the causes of the trouble. The Herald's account was eagerly road this morning by the officials at the War Department, who at onoe realized whal was THE Tun? CAUSE OF THE TROUBLE. Sorrow for the murder of General Can by vtf mode the more poignant by the ill-advised action of the Department of the Interior In appointing Mr. Meacham to hold a position for which that l)e? ? partmtnt had, by his removal from the position ol Superintendent of Indian Atfalfe in Oregon, con sidered him unfit to hold. THE PEACE COMMISSION'. Official Nlnlrment of the Purpnie and Powers of the Modoc Commission. Washington, April 14, 1873. The following is the offlclal statement of the pur pose and powers of the Modoc Peace ConNiissloo, being the letter under and tn accordance witli which the lnutruotlons of the Commissioners were prepared by the Indian nurcau ? Washington, Jan. '29, 1873. To tub Actino Com mission kb ok Indian Affairs:? Sin? Referring to the difficulties that have arisen and still continue to exist between the troops ol the United States and the Modoc Indians in Oregon, I have to inform you that I have determined to seud a commission to the scene of the difficulty for the purpose of examining into the same. COMPOSITION OF TUB COMMISSION. This Commission will constat of three members, whdse names will be hereafter furnished to you. It will be required to proceed to the Modoc corn try as rapidly as possible, and before entering upon the active discharge of Its duties will conler wilH Generul Cauby, of the United States Army, and in .all subsequent proceedings of the Commission It should conler freely with that officer, and act undec his advice as far as it may be possible to do ae, and always with his co-operation. The objects to he gained by tlus Commission are these First, to ascertain the causes which have led to the difficul ties and hostilities between the troops and the In dians, and, secondly, to devise the most effective aud judicious measures far preventing the con tinuance of these hostilities and for the restoration of peace. It Is the opinion of the Department, from the best information in its possession, that it is advisable TO KKMOVH THE MODOC INDIANS, with their consent, to some new reservation, and it is believed that the Coast reservation In Uregont lying between Cape Lookout on the north and Cape Perpetua on the south, and bounded on the east by the coast range of mountains and on thai west by the Pacific ocean, will be found to furnish! the best location for these Indians. The Commis sion will, therefore, be directed to make at* amicable arrangement for locating the^ndlans oU some portion of this reservation, provided it is possible for it to do so, and provided that said Commission is not of opinion, after fUUy investigating the case, that some other place is better adapted to accomplish the purpose of the Depart ment, in either of which events the Commission will, before finally concluding an arrangement with the Indians, bold communication with the Com missioner of Indian Affairs and receive further advice. NO DIKECTION OF THE MILITARY. The Commission will in no wise attempt to direct the military authorities in reference to tbeir move ments. It will be at liberty, however, to inform the commanding officer of the wjsh of the Depart ment that no more force or violence be used than in his opinion shall be deemed absolutely necessary and proper, it being the desire e the Department in this, as well as in all other eases of liRe character, te conduct its com munications with the Indians in such a manner as to secure peace and obtain their confidence, if pos sible, and their voluntary consent to a compliance with such regulations as may be deemed necessary for their present and future welfare. The Coin mission will be directed to keep the Department advised as frequently as possible of its progress, until the work which is assigned to it shall be ac complished, or its rurther progress proven to be unnecessary. Very respect Hilly, your obedient servant, C. DELANO, Secretary. TDK COMMISSION UNDER CONTROL OF UBNKHAL CANBY. The following is a copy of a telegram placing the Modoc Peace commissioners under the control ol General Canity IIbaixjuaiiters Ar*y of the United States, 1 Washington, March 24, 1873. J General E. K. s. canhy, commanding, Van llremer'a Ranch, Modoc Country, via Yreka, California:? Secretary Delano is In possession of all youf despatches up to March 16, and he advises the Secretary or War that he la so impressed with yonr wisdom and desire to fulfil the peaceful policy ol tbe government that he authorizes you to remove from the present commission any members yoa think unfit, to appoint others to their places, aud to report through us to him such changes. This actually devolves on you the entire management of the Modoc question, and the Secretary of War instructs me to convey this messsage to you with his sanction and approval WILLIAM T. SHERMAN, General. OREGONIAN OPINION. What Colonel W. W. Chapman, of Ore* Hon, Know* About Them? Interesting Opinions About the Pcace Commis sioners. Yesterday morning a Herald reporter had a tew minutes' interview with Colonel W. W. Chapman, one of the pioneers of the State of Oregon and President of the Portland, Dallas and Salt Lake City Railroad, now stopping at the Astor Bouse, aud wtio returns West tills evening. The following is tlio substance of tbe conversation which took place Kkportkr? I have come to ask your opinion as te what you think or the disposition of the Modoo Indians? Colonel Chapman? They are, from all informa tion that I have gathered In Oregon, of a most treacherous character, and kindness is, I believe, utterly wasted upon them. I do not go to so far as to say, Uke General Sheridan, that tne only good Indian la a dead Indian, but their character is us bad as it well can lie. The cry ha* gone aloft, "Wipe them out!" but I can only say that If month* elapse oefore the capture of Captain Jack and the remainder of his gang the people maat not be as tonished, for those lava beds are wonderful hiding places, containing Inaccessible pita from which the Modocs can attack their pursuers. A shot may be fired and a flash of smoke may be seen, but the great difficulty will be to tell from whence it pro ceeds. The Modocs are A MERE HANDFTIi OF MEN, seventy warriors I believe, but their mountain fastnesses are sunply luaccessiblc, and the troops who are in quest of them run tH? greatest risks of being exterminated themselves, unless they are CONTINUED ON NINTH PACK

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