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12th, contained these words ; "In my judgment permanent peace cannot be secured if they are allowed to remain in this immediate neighborhood. The Modoc s are now sensible that they cannot live in peace on Lost river, and have abandoned their claim to it, but wish to be left in the lava beds. This means license to plunder, and a stronghold to retreat to, and was refused. Their last proposition is to come in and have the opportunity of looking for a new home not far away, and, if they are sincere in this, the trouble will soon be ended ; but there has been so much vacillation and duplicity in their talks that I have hesitated about reporting until some definite result was attained. All the movements of the troops have been made deliberately and cautiously, so as to avoid collision and to impress the Indians that we have no unfriendly intent; thus far we have succeeded very well, but their conduct has given so much reason to apprehend that they were only trying to gain time, that I have organized a party of scouts to operate with the troops if they should go to the mountains or renew hostilities."

Before General Canby had left camp at headquarters he requested General Gillem, should anything happen to confirm him in his suspicions of the treacherous designs of the Modocs, to send Doctor Cabaniss to notify him. Soon after the commissioners reached the council-tent, an Indian approached the picket-line about Colonel Mason's camp, which was located at Hospital Kock, about two miles east of the stronghold, carrying a white flag. Lieutenant Sherwood was sent to meet him. He soon returned and reported that three Modocs wished to have a talk with the commander of the post. Sherwood was then sent to inform the Indians that if they wished to see the colonel they must come inside the picket-line. Lieutenant Boyle of the same regiment, who happened to be present, asked permission to accompany Sherwood, and the two officers again went out to meet the flag