Wasliington—and their resistance. These were the causes which led to the war, as found by the commissioners.
Their instructions also required them to devise the most judicious and effective measures for preventing the continuance of hostilities, and for the restoration of peace. The findings upon this question were rather negative than positive. The commission decided that in any settlement of the existing hostilities it would be inadmissible to return them to the Klamath reservation, or to set apart a reservation for them on Lost river, or anywhere in the vicinity. They objected, also, to a peace on the basis of a general amnesty, which would bring the federal and state governments in conflict, and furnish a precedent calculated to cause misconduct on reservations, besides greatly oftending the friends and neighbors of the slain settlers. It was their opinion that the eight warriors indicted in Jackson county should be surrendered to the state authorities if demanded, though the government should assio'n them counsel for defence, and secure them an impartial trial, protecting them from lawless violence. Should the terms which the commission would submit to the Modocs be accepted, namely, a general amnesty, with the exception of the eight warriors, and removal to a new reservation far away, they should be taken away at once to some fort, other than Fort Klamath, where they could be protected and kept under surveillance until their final destination was decided upon.
The reasons assiofned for these conclusions were that although before the 29th of November it might have been practicable to have assigned the Modocs a reservation on Lost river, the events of that day rendered such a proposition absurd, even had not the previous misconduct of the Indians made it impolitic. There could be no real peace with the Modocs in that vicinity. On the Klamath reservation there could be scarcely less cause of conflict, since the Klamath s had
