individually and Keintpoos band of Modocs, and required nothing of them but to refrain from quarrels amongst themselves, and from theft, murder, child-selling, drunkenness, and prostitution in the white settlements. The penalty for breaking their agreement was, to be given up to the soldiers. The treaty permitted them to follow any legitimate calling, to charge a fair price for ferrying travellers across streams, and to act as guides, if desired to do so. On the part of the white people, Steele promised protection when they came to the settlements, but advised their obtaining passes from the officers at Fort Klamath, to which they were informed that they would be required to report themselves for inspection.
This action of Steele's, although prompted by a desire to prevent an outbreak, was severely criticised later. He was aware that congress had granted an appropriation for the purpose of making an official treaty between the superintendent of Oregon, the Modocs, and the Klamaths, and that the latter had been fed during the winter previous at the fort, in anticipation of this treaty. For him to come in with an individual engagement was to lay the foundation for trouble with the Modocs, who were entirely satisfied with a treaty, which left them free to visit the mining camps, and to perpetrate any peccadilloes which they were cunning enough to conceal, while a government treaty which would restrain them from such privileges was not likely to be so well received or kept. Keintpoos did, however, agree to the treaty of October 1864, at the council-grounds on Sprague River, whereby the Klamaths and Modocs relinquished to the United States all the territory ranged by them, except a certain large tract lying north of Lost River Valley.
Sconchin, the head chief of all the Modocs, was now an old man. In his fighting days he had given immigrants and volunteer companies plenty to do to avoid his arrows. It was through his warlike activities
