After wearisome argument and a decision by Attorney-general Williams,[1] a military commission was ordered for the trial of "Captain Jack and such other Indian captives as may be properly brought before it." Those who might be properly tried were named by the war department as the assassins of Canby, Thomas, and Sherwood, and "no other cases whatever," notwithstanding Grover had telegraphed to the department to turn over to the state of Oregon the slayers of her citizens, whom the government refused to try, or allow to be tried, thus saying in effect that the victims had deserved their fate. At the same time a petition was addressed to Secretary Delano, by E. Steele, William H. Morgan, John A. Fairchild, and H. W. Atwell, asking that Scarface Charley, Hooker Jim, Bogus Charley, Steamboat Frank, Shacknasty Jim, and Miller's Charley should be permitted to remain in Siskiyou county, where it was proposed to employ them on a farm near Yreka. Delano was constantly in receipt of letters in behalf of the Modocs.
On the 14th of June the Modocs, 150 in number, were removed to Fort Klamath, and imprisoned in a stockade, after which a large force of cavalry, under Green, and of infantry, under Mason, made a march of 600 miles through eastern Oregon and Washington to overawe those tribes rendered restless and threatening by the unparalleled successes of the Modocs. On the 30th of June, in obedience to instructions from Washington, Davis[2] appointed a military com-
- ↑ H. Ex. Doc., 122, 88–90, 43d cong. 1st sess.; S. F. Call, June 9, 1873; N. Y. Tribune, in Oregonian, June, 1873; N. Y. Herald, June 22, 1873.
- ↑ Davis died Nov. 30, 1879. He was born in Ind., and appointed from that state to West Point; commissioned 2d lieut 1st artillery June 17, 1848; 1st lieut Feb. 29, 1852; captain May 14, 1861; colonel 22d Ind. vols Aug. 15, 1861; brig.-gen. vols Dec. 18, 1861; brevet maj. March 9, 1862, for gallant and meritorious services at the battle of Pea Ridge, Ark.; brevet lieut-col May 15, 1864, for gallant and meritorious conduct in the battle of Resaca, Ga; brevet col May 20, 1864, for gallant and meritorious services in the capture of Rome, Ga; brevet maj.-gen. of vols Aug. 8, 1864; brevet brig.-gen. March 13, 1865, for gallant and meritorious conduct in the battle of Kenesaw mountain, Ga; brevet maj.-gen. for services in the battle of Jonesborough, Ga; and colonel of the 23d infantry July 28, 1866. He came to the Pacific coast as commander of the department of Alaska, and was afterwards assigned to the department of Oregon. Hamersly's Army Reg. for One Hundred Years, 1779–1879.