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 made an address to the scouts, entreating them to join the Modocs, saying that if all the Indians should act in concert they would be few enough. Donald McKay answered them in the Cay use tongue that their hands were red with the blood of innocent white people, for which punishment would surely fall upon them. Jack then said he did not want to fight Cayuses, but soldiers; and growing indignant, finally invited them to come and fight him, saying he could whip them all. The Klamaths asked permission to reply, but were checked by Green, who did not think the communication profitable to either side.

A retreat was ordered, it not being the intention of Green to fight on that day, and with so small a force. To this Applegate's Klamaths were opposed, saying that the troops had the advantage of position, and could easily do some execution on the Modocs. As the force of Green withdrew, Jack's men resumed their position on the high bluff, and Applegate's company being then on the summit of the second ridge wished to open on them, but were restrained, and the command returned to headquarters.

It was now the middle of January, and nothing had been done to relieve the public suspense. The settlers in Klamath valley remained in the fort. The road from Tule lake southward was closed. Fairchild and Dorris had converted their places into fortified camps. There was talk of other settlers being exposed, and of volunteer companies forming in some of the northern California towns to go to their assistance; in fact Mr Dorris had been selected to make personal application to the California governor in their behalf. But this functionary had other advisers, and had made or did soon make a recommendation to the government to set apart five thousand acres of land, in the vicinity preferred by Captain Jack, as a reservation for the Modocs; and implied at least that it was a desire for speculation on the part of the Indian department in