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

NEW YORK HERALD, TUESDAY, APRIL 16, 1873—QUADRUPLE SHEET. ~ (RELLVS JAILERS, * Uncertainty in Havana Regarding the Herald Commissioner’s Fate. actually in course of being tried by a military tribunal. Although Ihave now been a pris- oner seven days I have NO IDEA OF WHAT THEY ARE GOING TO ACCUSE ME, except a general one that it is something serious, judged from the care taken in guard- ing me and preventing me from communi- HOPEFUL VIEWS OF THE BRITISH CONSUL, | cating with any one, except through the He Has Had Three Interviews With the Captain General. Present Inability to Act Decisively in the Matter. po ES MANLY LETTER FROM MR. O'KELLY. “If1 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 tke Herald, FIRM TONE OF THE AMERICAN PRESS Havana, April 13, 1873. Many rumors about Mr. O’Kelly have pre- vailed here to-day, and I have endeavored zealously to TRACE THEM TO SOME RELIABLE SOURCE, bnt everybody in official circles is so reticent that itie dktremely difficult to obtain accu- tate information. Early this morning I sought and obtained another interview with CONSUL GENERAL DUNLOP 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 THREE 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 suthorities would resort to extreme measures in Mr. O’Kelly’s case. Furthermore, he said the OPPORTUNITY FOR HIS DIRECT INTERVENTION as Consul General had not yet arrived. So far 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 inqniries to form what the military authorities call the causa, Another Letter from Mr. O’Kelly=—The Authorities Cenceal 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. O'Kelly, from his prison cell at Manzenillo. It tells its own manful story, and I, therefore, prefix no comment:— MR. 0’KELLY’S LETTER. Causnozo, Fort Gerona, Manzant1o, April 6, 1873. i Draz 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. MY 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 scrupulous 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 bronght to a satisfactory close, and IF I AM'TO-DAY A PRISONER it is because I trusted foolishly in the gen- erous 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. 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 with them, that in case I presented myself 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 OF THE INSURGENTS were treated as were the warnings of our pru- dent friends, 9nd the result is I am a prisoner I was encouraged in this Fiscal or Military Judge. So far Ihave not had a word either from the Consul at Santiago de Cuba or the Consul General at Havana, The Vice 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 MIDDLE OF AFRICA. Even the telegraph seems to lose its virtue the moment I touch it, or, rather, itis touched for me, for, up tothe present moment, it has not conveyed a single message to me from any point of the compass. Ineed scarcely say that in my present position I feel this very much. This evening I sent you a long telegram, re- questing you to use your influence with the representatives of America and England, so that they could endeavor to procure MY REMOVAL TO HAVANA FOR TRIAL. T foresee that if I remain here the affair will drag on interminably. Besides, I have no means to defend myself here. Indeed I am resolved not to attempt to do s@ as it would be folly. The peculiarity of 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 BEING CONNECTED WITH THE i 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 AUD OF THE ABLEST LAWYERS Ican 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 refuse 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 CESPEDES, Among, the oqpers taken by the wuthorities was a letter fromm Cespedes to Mr. Bennett. Sincerely yours, &. JAMES J. O'KELLY. OPINIONS OF THE PRESS. A Mission Legitimate to all Civilized Peoples. {From the New York Commercial April 14.) We take amore hopefu! view of Mr. O’Kelly’s situation than the HERALD does. His despatch, published this morning, indicates that, 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 that extreme penalty of the laws of war. His office and visit are purely with the view of 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 of all Christen- dom. Advertiser, (From the Newark Register, April 14.] O'Kelly, the Cuban correspondent of the HERALD, seems to be in grave danger, especially if he bas carried letters from Cespedes tothe Cuban sym- pathizers in America. The Spaniards may try to make a spy out of O'Kelly, but evérybody knows it was HERALD ent«rprise rather than any regard for Cuban independence that sent him. The 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 obsequions and timid man at the head of the State Department. GERMAN AND FRENCH COMMENTS. O'Kelly’s Neutrality Confirmed Beyond a Doubt. [New Yorker Staats Zeitung, April 14.) By the very thoughtless manner in which the authorities in Cuba have arrested the HERALD correspondent they have created for themselves an additional embarrassment. We are certainly able to approve of the mission if the 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, what the United States did to English and 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 the situation brought about by the action of the volunteers, render it almost a matter of impessibility that he should grant any 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 if the correspondent should pass over to the insurgents and was subsequently found within the Spanish lines he would have him shot. The young man, whose courage, zeal and talent all must aeknowledge, maintained, how- ever, that such was the nature of his commission that he would go without the ordinary permission, and in spite of this threat travelled across the country and by himself attemptea to find | out the insurgents, after which he returned to the Spaniards, and was arrested within two heurs | from the time of his arrival. He then applied to the English Consul to interpose in his behalf, assur- ing him of the impartiality of his mission, but the Consul endeavored to dissuade him from the under- taking on account of the uncertainty of success and the possibility that evil consequences might follow. Subdsequentlythe Captain General, when he was informed that O’Kelly had reached the in- surment lines—that it was wn fait accompli—mod- erated his determination, taking @ medium course, to the effect that if the HERALD correspondent, on his return from the insurgents, should fall into the hands of the government troops, he would be con- tent to haye lum expelled from Cuba, In the mean- . time, however, various reports have been started that this correspondent had undertaken several expeditions with the insurgerits; that he took part therein, and that since then the leaders of the in- surgents have been much bolder, making various successful raids, which allegations have been duly 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 that Mr. O’Kelly had given the impression he was & 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 nothing inconsistent with his character of an unbiassed observer and an impartial seporter of facts, will, in all probability, be borne out should he be able to complete his task. It is certainly a fact that a great American paper had sent him on this 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 soon show its power in order to make the utmost possible im- pression in favor of the foreign observer, and to save her from the consequence of her previous course, while other and addi- tional reasons contribute to give @ 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 have some kind of a settlement as to the presence of the HERALD correspondent and to bring him into the insurgent question. It would have been much more prudent If the authorities, out of regard for the feeling of 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; bubto 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 Manzanillo, it appears, one day after the in- surgents had made’an attack there, He had to go through @ personal search, and, it 4s said, docu- ments—two letters of Cepedes, the President of 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 consider him nothing but a spy. We don’t believe him to have acted thus dis- honorably, and, at the same time, regard- Jess of his own safety. The papers found on him will very likely be nothing but notices of observations and details given him by the lead- ers of the insurgents, and for that reason no re- proof of guilt could be 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 of 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 be brought with a view to free himself of them; but it is of no avail, for he could never consent to have a severe punishment carried out should the court martial happen to inflict one on Mr. O'Kelly. As mach ill 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 tous can only be cleared up by a word from the United States satiatactory to both parties. They must protect the zeaious reporter if they reprove those who sent him, a The report that Mr. O’Kelly had died from ex- haustion on his way from Manzanillo to Santiago, where the court martial was to be held, we hope is not true, otherwise one would think a murder had been commitred. If this has not occurred, though, it might still. ‘Yas 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 Unis, April 14.) A derpatch addressed from Key West to the HERALD gives the information that, following a widely circulated report in that locality, Mr. O'Kelly had died from exhaustion during his trans- fer from Manzanillo to Santiago de Cuba, owing to the suffering and privation endured while im- prisoned in the former place. The HERALD 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 shielding Mr. O'Kelly from any mishap until his criminality has been well and authentically demonstrated not to take every care imaginable of a life to which is atvached responsibilities of the highest character. Were it otherwise the Spanish authorities might be charged with folly; butif 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. {from Le Messager 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 Manzanillo, on March 31, Mr.O’Kelly was the bearer of two letters from the insurgent chief Cespedes. The Captain General has added that “the corre- spondent of tne HERALD had been warned before, by the military chiefs at Santiago and by the English Consul, of the danger he would runif 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 1s brought against him, as being the bearer of 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 Manzanillo to Santiago. It 1s 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 todetermine if 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 of Mr. O'Kelly, who lives at Hartford, has deemed it necessary to Solicit the intervention of the United States, The following response has been received from Mr. Hamilton Fish :— 1 have telegraphed to United States Consul Gen- eral in Havana, A. T. A. Torbert, instructing him that, Inasmuch as James J. O'Kelly is a British sub- ject, this government cannot interfere officially, but ‘that he see the British Consul and use his good offices, either im 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 in this affair. In the highly probable case that the council of war at Santiago should pronounce his condemna- tion to death, the iriends of O’Kelly will doubtless address themselves to Madrid. We have not the slightest aoubt that the Spanish Republic would refuse to encourage an execution that would leave 80 much unpleasant feeling behind. In supposing that the accasatien of espionage brought against Mr. O'Kelly be well founded, of which we are ignor- ant, the safety 01 Spam certainly does not require that this journalfst, though slightly too adventur- suffer death at the hands of the ous, should milltary, We are convinced that such will De the opinion of Sefiors Figueras and Caste- Jar, if friends have the good sense to solicit their intervention before it is too late, aaa THE MODOC 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 OUT. President Grant Takes a Deter- mined Stand. ORDERS TO GENERAL SCHOFIELD Attitude of the Interior Offi- ‘cials Defined. SECRETARY DELANO’S MISTAKE. The Appointment of Commissioner Meacham the Oause 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 Gommissioners. Curcaco, 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 Appeals for Mercy Listened To— The Modocs To Be Exterminated, Wasutnaton, 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 asa 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. Wasuincton, April 14, 1873. The following are the despatches of Gen- eral Sherman, showing the earnestness of the government to punish the Modoc crime: — HEADQUARTERS Army or THE Unirep Srates, Wasuinaton, April 12, 1873. General Grutem, Modoc Camp, via Yreka, Cal. :— . Your despatch announcing the terrible loss to the country of General Canby by the perfidy of the Modoc band of Indians has been shown to the President, who authorizes me to instruct you to make 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 GENERAL SCHOFIELD. Wasuincton, April 13, 1873. General J. M. Scnorrecp, commanding Mili- 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 copy © 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 the 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. ©. DAVIS TO SUCCEED GENERAL CANBY. General Sherman has sent a despatch to General Jeffergon C, Ravis, now ip Indiana, directing him to immediately proceed to the Pacific coast and assume the command made vacant by the death of General Canby. THE QUALITY OF MERCY. George H. Stuart Willing to Have the Savages Punished, but Holds to the Peace Policy. Paapenpat, April 14, 1873. George H. Stuart, of this city, a member of the Board of Peace Commissioners, 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 Avenue Hotel, on Monday next. THE DIFFICULTY IN WASHINGTON. Attitude of the Indian Board—Ignorance of the Locality of the Lava Beds—Mea- eham’s Appointment—Applegate and Dr. Thomas, WASHINGTON, April 14, 1873. One of the astonishing things about the Modoc dimculty, here 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 is the proper name, appears to be a puzzle to both the military and civil authories, What are termed lava beds extend on all sides of the lake. “The country thus described,” said an Oregonian to your correspondent to-day, “is an upheaval of rocks, a broken formation, the impas- sibility of which can be well understood by all who nave ever seen an ice gorge—jagged ends sticking up tn every direction, and over which men attempting to scramble would be atthe mercy of an enemy that might, thus sheltered, be lyingin wait for them.” The Board of Indian Commis- sioners say that they had nothing to do with the appointment of the Peace Commissioners to the Modo:s, From an oricial source it is ascertained that when the news arrived here last Winter that the Modocs refused to return to the Kiamath Reser- vation; had fired on the troops who peacea- bly attempted to remove them, and alter- wards had repulsed the force under General Wheaton, who had been sent to compel their obedience, there existed 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 of 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 fortunes out of the annuities Congress had appropriated for their beneflt. And then to this feeliag was added that of the leading army officers in Washington, who said, “While.we are 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 isa war in which we can gain no credit and are subject to a great many sneers, There 1s neither honor nor promotion in it. If the troops make a forced march and surprise the Indians, as was done by Custer at the Witchita, it will be said that we struck a band of peaceful In- dians, and if @ small party shoula happen to be, 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.” MEACHAM'S OFFER TO DELANO. 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 post- 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. This trouble was Meacham’s chance, Through friends he represented to the Secretary of the Interior that he was the man to stop this diMculty 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, gnd gave him full power to bind the Government to the profhises 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 man who forced us on the Klamath Reservation with our old ene- mies, and we want nothing to do with you. You promised us houses to live in and farms and schools for our children, that we sheuld live like the whites, but when we went there we had to lie 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. Here we can live. There we will die.”” APPLEGATE AND MEACHAM. Applegate, an old and well known citizen of 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, and 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 friends, was a prominent clergyman of the Methodist Church. He was for many years the agent of the “Methodist Book Concern” in 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 he thought was right, was so mild and pleasant in his manner as to be universally popular. The Secretary, feeling some delicacy about the removal of Meacham, re- quested General Canby to become one of the Com- missioners, authorizing him to make any change among the Commissioners that ne might deem necessary. This of course evidenced THE CONFIDENCE OF THE DEPARTMENT IN GENERAL CANBY. Yet still it was hardly the thing to de. It tooked like shifting responsibility. With his amiability of disposition, it was hardly to be expected that he would exercise the harshness of 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 sreservation where they would be out of the way of the settlers, and be satisfied. It is understood that he was opposed to returning them to the Klamath Reservation, for the reason that the Modocs and the Kilamaths had always been enemies, and it was not a wise policy to place them together. The Klamaths are Oregon Indians, and assimilate with the Chinooks and other Indians of that country. The Modocs are a branch of the Pi-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 the duty of settling this trouble it would, doubtless, through his excellent tact, have been settled without the log’ of kis ang Dr. ieee canned ‘Thomas’ valuable lives or the extermination of the Indians. A DELAYED DESPATCH FROM YREEA, The following despatch, forwardea from Yreka, Cal., was not received bere until eleven o'clock last night:— Lava Beps, April 7, 1873, To Hon. CoLvMBUS DELANO, Secretary of the Ins terior :— At the first meeting since our arrival here the Modocs insisted on amnesty for all and a home on Lost River. At the second meeting they aban- doned their claim to Lost River, and demanded the lava beds fora home. We do not believe a lasting Peace would follow the settlement of the Modocs in this country. We meet them to-morrow to dis cuss only amnesty and a newhome. They are wavering, and indicate willingness to talk oves these terms. A. B, MEACHAM, Chairman of the Commission. MR. MEACHAM RECOVERING, It is reported that Mr. Meachay, 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 tha Modocs was personally directed against the prine cipal Peace Commissioner was through the HERALD of yesterday, containing the exclusive history of the causes of the trouble. The HERALD’s account Was eagerly read this mornimg by the oficials at the War Department, who at once realized whaa was THE TRUE CAUSE OF THE TROUBLE. Sorrow for the murder of General Canby was Made the more poignant by the ill-advised action ofthe Department of the Interior in appointing Mr. Meacham to hold a position for which that De« partment had, by his removal from the position of Supermtendent of Indian Affaifs in Oregon, con- sidered him unfit to hola, THE PEACE COMMISSION. Official Statement of the Purpose and Powers of the Modoc Commission. WASHINGTON, April 14, 1873. The following is the oficial statement of the pure pose and powersof the Modoc Peace Contwnission, being the letter under and tn accordance with which the instructions of the Commissioners were prepared by the Indian Bureau :— WASHINGTON, Jan. 29, 1873, ‘TO THE ACTING COMMISSIONER OF INDIAN APFAIRS:— Sin—Referring to the dimculties that have arisen and still continue to exist between the troops of the United States and the Modoc Indians in Oregon, Ihave to inform you that I have determmed to send a commission to the scene of the dimecuty for the purpose of examining into the same, } COMPOSITION OF THE COMMISSION. This Commission will consiat of three members, whose names will be hereafter furnished to you. It will be required to proceed to the Modoc cons- try as rapidly as possible, and before entering upon the active discharge of its duties will confer with General Canby, of the United States Army, and in ,all subsequent proceedings of the Commission it should conter freely with that officer, and act ander his advice as far as it may be possible to do se, and always with his co-operation. The objects to be gained by this 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 and judicious measures fer 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 REMOVE THE MODOC INDIANS, with their consent, to some new reservation, and it is believed that the Coast reservation in Oregon, lying between Cape Lookout on the north and Cape Perpetua on the south, and bounded on the east by the coast range of mountains andon the 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 am amicable arrangement for locating the“Indians ont some portion of this reservation, provided it is possible for it to do so, and provided that said Commission is neg of opinion, after fully investigating tke case, that some other place is better adapted to accomplish the purpose of the Depart- ment, im either of which events the Commission will, before finally concluding an arrangement with the Indians, hold communication with the Com- missioner of Imdian Affairs and receive farther advice. . NO DIRECTION OF THE MILITARY. The Commission will tn no wise attempt to direct the military authorities in reference to their move- ments. It will be at liberty, however, to inform the commanding ofMicer of the wjsh of the Depart- ment that mo more force or violence be used than in his opinion shall be deemed absolutely necessary and proper, it being the desire o the Department im this, ag well as in alk other eases of like 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 Com- mission will be directed te 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 further progress proven to be unnecessary. Very respectfully, your obedient servant, C. DELANO, Secretary. THE COMMISSION UNDER CONTROL OF GENERAL CANBY. The following is a copy of a telegram placing the Modoc Peace Commissioners under the control of General Canby :— HEADQUARTERS ARMY OF THE UNITED STATES, WASHINGTON, March 24, 1873. General E. R. 8. CANBY, commanding, Van Bremer’s Ranch, Modoc Country, via Yreka, California :— Secretary Delano is in possession of all your despatches up to March 16, and he advises the Secretary of War that he is so impressed with your wisdom and desire to fulfll the peaceful policy of the government that he authorizes you to remove from the present commission any members you think untit, to appoint others to their places, and toreport through us to him such changes. This actually devolves on you the entire management of the Modoc question, and the Secretary of War imstructs me to convey this messsage to you with his sanction and approvak WILLIAM T, SHERMAN, General. OREGONIAN OPINION. What Colonel W. W. Chapman, of Oree gon, Knows About Them—Interesting Opinions About the Peace Commis- sioners. Yesterday morning a HERALD reporter had a few 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 House, and who returns West this evening. The following ig the substance of the conversation which took place:— RePoRTER—I have come to ask your opinion as to what you think of 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 a to say, like General Sheridan, that tne only goo@ Indian {a a dead Indian, but their character is ag bad as it wellcan be. The cry has gone aloft, “Wipe them out!" but I can only say that if months elapse oefore the capture of Captain Jack and the remainder of his gang the people must not be as- tonished, for those lava beds are wonderful hiding places, containing inaccessible pits. from which the Modocs can attack their pursuers. A shot may be fired and @ flash of smoke may be seen, but the great ditculty will be to tell from whence it pro ceeds, The Modocs are , A MERE HANDFUL OF MRN, seventy warriors L believe, but their mountain fastnesses are simply inaccessible, and the troops who are in quest of them run the greatest risks of being exterminated themselves, unless they are Pr cor CONTINUED ON NINTH PAGE,