Kintpuash

Kintpuash "Captain Jack"
Kintpuash in 1864
Chief, Modoc people
Personal details
Born	c. 1837 Tule Lake area, California
Died	October 3, 1873(1873-10-03) (aged 35–36) Fort Klamath, Oregon
Cause of death	Execution by hanging
Military service
Battles/wars	Modoc War

Kintpuash, also known as Kientpaush, Kientpoos, and Captain Jack (c. 1837 – October 3, 1873), was a chief of the Modoc tribe of California and Oregon. Kintpuash's name in the Modoc language means 'strikes the water brashly.'

He led a band of Modocs from the Klamath Reservation to return to their lands in California, where they resisted removal. From 1872 to 1873, their small force made use of the Lava Beds, holding off numerically superior US Army forces for months in the Modoc War. Kintpuash was the only Native American leader ever to be charged with war crimes. He was executed by the Army, along with three tribesmen, for their ambush killings of General Edward Canby and Reverend Eleazar Thomas at a peace commission meeting. The Modoc leaders were hanged for "murder in violation of the laws of war" by the Army.

Life

Kintpuash was born around 1837 into a Modoc family in their ancestral territory near Tule Lake in present-day California. The Modocs believed that Tule Lake was sacred, marking the site where the deity Kumookumts began creating the world. In a process likened to basket weaving, Kumookumts started the creation with a hill near the lake, expanding outward to form the land. Modoc territory was located on part of what is now the California-Oregon border. Known for their expert craftsmanship, the Modocs created baskets woven from tule reeds, reflecting their deep connection to the land and its resources. They lived in small, semi-nomadic bands that migrated seasonally between Mount Shasta and the areas northward beyond Lost River, sustaining themselves through hunting and gathering. Modoc men hunted various animals, including deer, antelope, rabbits, and ducks, while women gathered essential plants such as waterlily seeds and epos root, the latter serving as a dietary staple for the Modoc people.

Contact with fur traders began in 1824, about thirteen years before Kintpuash's birth. This interaction brought diseases that devastated the Modoc population, reducing their numbers from approximately 1,000 to just 300 by 1860. The situation worsened after the discovery of gold in the region in 1851, which attracted waves of settlers. The arrival of wagon trains, livestock, and settlers disrupted the Modoc food supply by scaring away game and destroying vital foraging grounds. In response to these threats, the Modocs took defensive measures, attacking settlers and killing unattended livestock to protect their resources. Tensions escalated as settlers claimed the most fertile lands, further marginalizing the Modocs and deepening the friction between the two groups. Kintpuash's early life and the Modoc people's history highlight the devastating impact of settler encroachment and disease, which reduced their population and disrupted their traditional way of life.

Jack's family—Lizzy (young wife), Mary (his sister), Old Wife and daughter

Kintpuash demonstrated diplomacy and pragmatism from an early age. He objected to the Modoc chief's calls for armed resistance against settlers and the U.S. government, believing that the tribe's survival depended on peaceful relations with the newcomers. Citing Alfred B. Meacham's writings, historian Gary Okihiro stated that in 1852, when Kintpuash was about 14, the bodies of 18 white settlers were discovered in Modoc territory. In response to these deaths, California Militia leader Ben Wright proposed a gathering with Modoc leaders under the pretense of peace talks. However, this meeting was a ruse. The gathering ended in a massacre, with Wright and his men killing over 40 Modocs. Following this attack, Wright continued to other Modoc villages, destroying homes and displacing families. This event, later known as Ben Wright’s Massacre, claimed the life of the Modoc chief. In the aftermath, Kintpuash rose to leadership, becoming the new chief of his people

As chief, Kintpuash developed friendships and trade relationships with settlers. In Yreka, where many Modocs conducted trade, settlers mockingly nicknamed him Captain Jack, a name he embraced along with settlers' clothing, structures, and wagons. By the time of the U.S. Civil War, tensions between the Modocs and settlers worsened. The Modocs occasionally killed settlers' livestock for food or used their horses without permission. While some settlers saw these actions as a fee for occupying Modoc land, others advocated for Modoc removal. As a leader, Kintpuash sought a pragmatic balance between diplomacy and resistance, building relationships with settlers while navigating escalating tensions that ultimately pushed his people toward conflict.

Modoc Removal

In 1864, Indian Affairs officials in Oregon signed the Council Grove Treaty with the Klamath and an Oregon Modoc band to move them to the Klamath Indian Reservation. Kintpuash, under pressure, reluctantly signed to protect his tribe. The federal government claimed this treaty forfeited the Modocs' rights to their ancestral California lands near Tule Lake and Lost River. However, the Modocs argued that Kintpuash had already signed an agreement with California Indian agents permitting them to remain in their homeland. Facing violence from settlers and government pressure, Old Schonchin’s band relocated to Klamath, with Captain Jack leading his followers there the following year. Life at Klamath proved difficult. The lands allocated to the Modocs were insufficient for survival, and government efforts to assimilate the tribe through Christianity and capitalism created further resentment.

Tensions grew as Klamath tribesmen vandalized and stole from lands designated for the Modocs. Additionally, supplies promised in the treaty, including horses, wagons, and food, failed to reach the Modocs. Meanwhile, the Klamath received federal provisions, further exacerbating tensions. This period marked a significant turning point in Modoc history, illustrating the challenges of forced relocation and the consequences of federal treaty violations.

In 1865, Kintpuash led a Modoc band from the reservation back to their home in California. Following the ratification of the Council Grove Treaty in 1869, the Modocs were promised new lands on the Klamath Reservation in Oregon. To encourage their return, the U.S. government provided food and blankets. While some Modocs voluntarily returned to the reservation, 45 were forcibly relocated. However, conditions on the Klamath Reservation remained marked by harassment and assimilation efforts, leading to widespread discontent among the Modocs.

During this period, the Ghost Dance Movement, a spiritual and cultural revival led by figures such as the Paiute prophet Wovoka, gained traction with Native Americans across California, Nevada, and Oregon. The movement called for dancing, prayer, and fasting to bring about the removal of settlers and the revival of deceased Native Americans. Many Modocs embraced the Ghost Dance, which was also associated with armed resistance and efforts to restore Native sovereignty.

In April 1870, deteriorating conditions at Klamath prompted Kintpuash and approximately 370 Modocs to abandon the reservation again and return to the Lost River Valley, their ancestral homeland. Some Modocs chose to remain on the reservation. Upon their return, the Modocs faced significant challenges, as settlers and livestock had overtaken the fertile lands along the Lost River. To supplement hunting and gathering, many Modocs worked for settlers. The Modoc exodus alarmed U.S. authorities, who viewed it as an act of rebellion. Federal Indian Commissioner Francis A. Walker ordered the return of the Modocs to the Klamath Reservation, authorizing the use of force if necessary. This directive set the stage for further conflict between the Modocs and the U.S. government, leading to heightened tensions and resistance.

Modoc War, 1872–73

In the summer of 1872, after two years of the Modocs evading US military forces, the U.S. Indian Bureau again demanded that the Modocs return to the Klamath Reservation. Kintpuash refused the order and instead proposed the establishment of a reservation near Lost River. While the Indian Bureau expressed openness to the idea, local settlers strongly opposed the transfer of land back to the Modocs, effectively blocking any progress. By the fall of 1872, tensions escalated as the Modocs were again ordered to return to Klamath. Kintpuash refused once more. On November 28, 1872, Major James Jackson, under orders to enforce the relocation, departed from Fort Klamath with a detachment of soldiers. By the following morning, Jackson's forces had surrounded Kintpuash’s camp, preparing for a forced removal. Faced with no alternative, Kintpuash reluctantly agreed to return to Klamath but expressed dissatisfaction with Jackson’s methods, stating that the soldiers’ approach had unnecessarily frightened his people.

L to R, standing: US Indian agent, Winema (Toby) and her husband Frank Riddle; other Modoc women in front (1873)

Portrait of Captain Jack, 2nd Chief.

As part of the disarmament process, Jackson instructed Kintpuash to set down his rifle, signaling other Modoc warriors to follow. Kintpuash complied, and most of his men surrendered their weapons. However, Scarfaced Charley, one of the Modoc leaders, retained his pistol. When soldiers attempted to disarm him, Scarfaced Charley fired toward the soldiers. This act sparked a sudden exchange of gunfire, during which a soldier was killed, and others were wounded. In the chaos, Kintpuash and his people fled the camp and sought refuge in the nearby Lava Beds, a natural stronghold near Tule Lake.

The following morning, Jackson’s forces crossed the Lost River to pursue another Modoc band led by Hooker Jim. At Hooker Jim’s camp, soldiers killed an elderly woman and a baby. Enraged by the attack, Hooker Jim and his band retaliated by killing twelve settlers as they fled to join Kintpuash in the Lava Beds. When Kintpuash learned of the settlers' deaths, he was deeply upset, as some of the victims were his personal friends. Moreover, he feared that he would be held accountable for the killings, intensifying his concerns about U.S. military retribution. These events marked the beginning of the Modoc War, a conflict that highlighted the Modocs' struggle to retain their homeland and resist U.S. government policies.

The Lava Beds National Monument in northern California was a natural fortress for Kintpuash and his band during the Modoc War. The rugged volcanic terrain, with its caves, trenches, and crevices, offered the Modoc people significant defensive advantages. This environment also provided shelter for women and children while allowing Modoc warriors to strategically fight against U.S. Army forces. After fleeing to this stronghold, Kintpuash faced a pivotal decision. By January 16, 1873, over 300 U.S. soldiers arrived to confront the Modoc band. Kintpuash, seeking to protect his people, advocated for surrender, expressing willingness to face consequences alongside those responsible for prior violence. However, other influential Modoc leaders, including Hooker Jim and Curly Headed Doctor, strongly opposed surrender. In a vote, only 14 of the 51 Modoc warriors supported Kintpuash’s stance.

The following day, January 17, the U.S. Army launched an assault on Modoc positions. Utilizing the fortifications of the Lava Beds and camouflage, the Modoc warriors repelled the attack, inflicting heavy losses on the Army. Thirty-five U.S. soldiers were killed, and many were wounded, while the Modocs sustained no casualties. This surprising and decisive victory demonstrated the strategic advantage provided by the Lava Beds, prompting the Army to request reinforcements to continue the campaign. The events at the Lava Beds were significant in the Modoc War, illustrating Modoc resistance against overwhelming military pressure and the challenges faced by the U.S. Army in subduing them.

On February 28, 1873, Kintpuash received a visit from Winema, a trusted relative, and a few white intermediaries friendly to the Modocs. Winema, who was married to Frank Riddle, a white settler, brought a message from President Ulysses S. Grant, announcing the formation of a peace commission to negotiate with the Modocs. This commission aimed to resolve the conflict peacefully. The commission included California clergyman Eleazar Thomas, Klamath Reservation subagent L.S. Dyar, General Edward Canby, and Alfred B. Meacham, a former Indian Affairs agent for the Modocs in Oregon. The Modocs sought clarity about the fate of Hooker Jim and his group, who had killed 12 settlers earlier in the conflict. The messengers assured the Modocs that Hooker Jim’s group would be relocated to a reservation in either Arizona or Indian Territory.

Encouraged by the promise of safety, Hooker Jim and his camp decided to surrender. Canby, eager for a resolution, sent word to General William Tecumseh Sherman, the overall commander of the U.S. Army, for further instructions. However, Hooker Jim's group, left unsupervised, encountered an Oregon man who warned them that Oregon authorities intended to hang the Modocs as criminals. This threat terrified Hooker Jim and his followers, prompting them to flee back to the Lava Beds. Their fears proved justified when pressure from Oregon officials led Canby to rescind the promise of amnesty. The incident deepened mistrust between the Modocs and U.S. authorities, complicating the peace process and intensifying the conflict.

On March 6, 1873, Kintpuash, with the assistance of his sister Mary, penned a letter to the peace commissioners. In it, he expressed his inability to surrender any of his men and asked whether the white settlers responsible for killing Modocs would face justice. Despite these calls for a peaceful resolution, Canby continued to amass reinforcements, positioning them closer to the Lava Beds, further eroding the trust between the two sides. On April 2, Kintpuash requested a meeting with the commission. At this meeting, he asked Canby to withdraw his soldiers, a request that Canby denied. Kintpuash also sought clarity about the fate of Hooker Jim and his group, only to be told that no amnesty would be granted. The dismissive response deepened Kintpuash’s mistrust of Canby.

Later, Kintpuash requested a private meeting with Meacham and John Fairchild, an old friend and ranch owner. Excluding Canby and Eleazar Thomas due to mistrust of the military and clergy, Kintpuash explained to Meacham his decision to flee to the Lava Beds, citing the soldiers' actions during the confrontation at Lost River. Reiterating his desire for land along the Lost River, Kintpuash was informed that this was impossible. When he asked for permission to remain in the Lava Beds, Meacham insisted that the Modocs surrender Hooker Jim and the other killers. Kintpuash countered by asking whether justice would be served for the soldiers who killed Modoc women and children at Lost River, but Meacham dismissed this as well. Kintpuash concluded the discussion by stating that further tribal deliberation was necessary.

After Meacham informed Canby that the Modocs would not surrender Hooker Jim, Canby sent Winema to the Lava Beds with a message: any Modoc who wished to surrender could leave safely with her. In the tribal meeting that followed, only 11 members supported surrendering. However, Hooker Jim, Schonchin John, and Curly Headed Doctor opposed this idea, accusing Canby of deceit and threatening to kill anyone who attempted to leave. As Winema departed, she was warned by a Modoc that Hooker Jim was plotting to assassinate the American negotiators. Despite the warning, Canby and the commissioners dismissed the possibility of such a plot, underestimating the deteriorating trust and rising desperation among the Modocs. This critical period in the Modoc War highlights the breakdown of negotiations and the growing divide between the Modocs and U.S. authorities, setting the stage for further tragedy.

On April 7, 1873, tensions within the Modoc leadership reached a critical point as Hooker Jim and his allies confronted Kintpuash, accusing him of planning to surrender the wanted men to U.S. authorities. Schonchin John and Black Jim advocated for immediate action, urging the assassination of the peace commissioners before Canby could complete the military buildup. Kintpuash sought to de-escalate the rising anger, pleading for patience to secure favorable land and amnesty for Hooker Jim and his accomplices. However, Black Jim and other warriors demanded that Kintpuash promise to personally shoot Canby. When Kintpuash refused, Hooker Jim escalated the pressure, threatening to kill Kintpuash if he did not comply. The situation deteriorated further when his opponents humiliated him by throwing women’s clothing at him and mocking him as being weak like a woman. To preserve his authority as chief and buy time, Kintpuash reluctantly agreed to the assassination.

Following this decision, a meeting was arranged with the peace commission for April 11. Both sides agreed to attend the meeting unarmed. Despite his reluctant agreement to the assassination plan, Kintpuash continued to warn of the dire consequences of violence. He reminded them that the entire Modoc tribe could face annihilation if they chose to fight and implored them to abandon their plans for the commissioners' murder. Kintpuash brought the matter to a vote among the warriors, but the majority overruled his caution. Realizing he had lost control over the situation, Kintpuash made one final appeal for a peaceful resolution, and the warriors agreed to his request to attempt one last negotiation. This fraught internal dynamic illustrates the deep divisions and desperation within the Modoc tribe as they faced increasing pressure from U.S. forces.

On April 11, 1873, Kintpuash and several key Modoc leaders—Hooker Jim, Shacknasty Jim, Black Jim, Schonchin John, and Ellen’s Man—attended a meeting with the U.S. peace commission to negotiate. Citing Meacham's later writings, historian Dee Brown narrated that the commissioners were accompanied by Winema, her husband Frank Riddle, Boston Charley, and Bogus Charley, with the latter two serving as interpreters. Kintpuash reiterated his demand for the Modocs to remain in their homelands and for the removal of U.S. soldiers from the area. Canby responded that he lacked the authority to withdraw the troops. Schonchin John interjected, demanding local land and the immediate withdrawal of Canby’s forces. Realizing that Canby would not concede to their demands, Kintpuash gave a prearranged signal in Modoc. He drew a pistol and fired at Canby. Initially, the pistol misfired, leaving Canby momentarily stunned, but Kintpuash fired again, killing him. Boston Charley then killed Thomas, while Meacham, Dyar, Winema, and Riddle survived the attack.

Following the assassination, the Modoc warriors quickly retreated to the Lava Beds. Three days later, the U.S. Army launched a massive assault on the area but was unable to locate the dispersed Modocs, who had scattered to avoid capture. However, their situation became increasingly dire as they ran out of water and provisions. Facing inevitable defeat, the unity of the Modoc tribe collapsed. Hooker Jim and his followers abandoned Kintpuash, reducing his forces to fewer than 40 warriors.

Seeking a way to save himself, Hooker Jim eventually surrendered to the U.S. Army and proposed betraying Kintpuash in exchange for amnesty. On May 27, Hooker Jim located Kintpuash and urged him to surrender. Kintpuash, angered by the betrayal, refused. Days later, exhausted and resigned to his fate, Kintpuash surrendered voluntarily. He was wearing Canby’s uniform and stated that he was tired and prepared to face death. This dramatic conclusion marked the end of the Modoc War, one of the most significant Native American uprisings of the 19th century. Kintpuash's resistance and eventual surrender remain a poignant symbol of the Modoc struggle for their homeland and survival in the face of overwhelming odds.

Surrender and Execution

Donald McKay and Jack's capturers

Schonchin and Jack

Captain Jack and Schonchin graves in 2009, Klamath County, Oregon

Repository – California Historical Society (15458104939)

Portrait of Steamboat Frank

The assassination Canby on April 11, 1873, marked a grim milestone in U.S. history, as he became the first American general to be killed by Native Americans. In response, General William Tecumseh Sherman remarked that executing the Modocs responsible for Canby’s death would be justified. According to historian Benjamin Madley, citing correspondence between military leaders, the Army decided to halt plans for the extermination of the Modocs after Kintpuash was captured. Several factors influenced this decision. In 1873, Native Americans in California gained the right to serve as witnesses in trials, marking a shift in how their testimony could influence legal outcomes. Additionally, Native advocates lobbied President Grant for clemency, warning that annihilating the Modocs could provoke both domestic and international condemnation. Grant, wary of such a scenario, chose not to pursue a genocidal course of action.

Despite these developments, animosity toward the Modocs persisted. Oregon militiamen attacked a wagon transporting captive Modocs, killing four men and one woman. The conclusion of the Modoc War in 1873 also marked the end of the larger genocidal campaign against California’s Native population. The events of the Modoc War remain a stark reminder of the complex and often brutal history of U.S. westward expansion and Native resistance.

The assassination of Canby shocked and angered much of the American public, as Canby was a widely respected military veteran who had been wounded during the Civil War. The U.S. Attorney General determined that the captured Modocs would be tried by a military tribunal, under the reasoning that they were prisoners of war from a sovereign nation engaged in conflict with the United States. After the Modoc resistance was subdued, the remaining tribe members were transferred to Fort Klamath, where they were held in confinement. During the trial, Kintpuash, Black Jim, Boston Charley, and two younger prisoners, Slolux and Barncho, were prosecuted.

The tribunal's judicial panel was composed of five officers, four of whom had been subordinates of Canby. According to historian Doug Foster, who also relied on Meacham's account as well as newspapers, this composition raised concerns of bias, as these men had personal motivations to seek retribution for their fallen commander. However, the defendants, unfamiliar with the American legal system and unable to mount an effective defense, did not object to the proceedings. Elija Steele, a friend of Kintpuash from Yreka, sought to secure legal representation for the Modocs by requesting attorney E.J. Lewis from Colusa. However, Lewis arrived at Fort Klamath on the trial’s final day, and the military court refused to reopen proceedings despite being notified in advance that counsel was on the way. This refusal further underscored the irregularities in the trial process.

Under court-martial regulations, the judge advocate was required to ensure the fairness of the trial, especially in the absence of legal representation, and to prevent the defendants from unintentionally undermining their cases. However, these responsibilities were neglected. The judge advocate approved the commission without informing the defendants that they had the right to replace four out of the five judicial officers. Additionally, the court made no mention of the shackling of prisoners and the use of armed guards, both of which were discouraged by military regulations.

The defendants faced other significant disadvantages during the trial. Foster, citing Meacham, argued that the Modoc defendants were not proficient in English, and their translator, Frank Riddle, broke his neutrality by testifying against them. Out of ignorance of judicial procedures, Kintpuash presented his travel passes, believing they would demonstrate his good reputation among settlers; however, the military commission dismissed them as irrelevant. Kintpuash also argued that the Modocs did not initiate hostilities, stating that war was waged upon him and his people.

Prosecutors relied on the Council Grove Treaty of 1864 to argue their case but omitted mention of the unratified treaty that Kintpuash had signed months earlier. From the Modoc perspective, they had abandoned the second treaty because the U.S. government had already reneged on the first. Without legal representation, critical arguments were left unvoiced, such as the claim that no truce existed when Kintpuash killed Canby. The Modocs maintained that the Army broke the truce by confiscating their horses and continuing to encircle the Lava Beds. On April 5, Kintpuash had even notified the commission that the truce agreement had been violated.

Meanwhile, Hooker Jim and his three accomplices, who had betrayed Kintpuash and aligned with the U.S. government, were never tried, further demonstrating the disparity in justice. This was intended reinforce the notion among Native Americans that working against their own tribes in cooperation with the U.S. government could yield benefits. All the defendants—Kintpuash, Black Jim, Boston Charley, and Schonchin John—were found guilty and sentenced to death. However, President Grant commuted the sentences of the younger defendants, Barncho and Slolux, to life imprisonment after receiving appeals for clemency..

On October 3, 1873, the executions were carried out before a large crowd. The spectacle drew widespread attention, with even an Oregon school granting students a holiday to attend. The entire Modoc tribe was forced to witness the hanging of their leaders. Adding to the grim nature of the event, the ropes used in the executions and strands of Kintpuash’s hair were sold as souvenirs, reflecting the public's morbid fascination. This trial and its aftermath remain a striking example of the injustices faced by Native Americans in the 19th century, highlighting systemic inequities in both judicial and social spheres.

Exile and Return

Following the executions, the remaining members of Kintpuash's band—comprising 39 men, 54 women, and 60 children—were forcibly relocated to Oklahoma Territory. In exile, harsh conditions and disease claimed many lives. After decades of hardship, in 1909, the U.S. government permitted the surviving Modocs to leave Oklahoma and return to Oregon, where they were allowed to settle on the Klamath Reservation.

Fate of Remains

After the executions of Kintpuash and Schonchin John, their bodies were removed from the scaffold, and an Army surgeon decapitated them. The severed heads were sent to Washington, D.C., for scientific purposes. While the San Francisco Chronicle condemned the act as barbaric, the Army and Navy Journal justified it, claiming it was conducted for craniological research. For more than a century, the skulls of the two Modoc leaders were held in the collections of the Army Medical Museum and later transferred to the Smithsonian Institution.

Legacy

• The area where the Modoc established their defense is now known as Captain Jack's Stronghold. It is part of the protected area of the Lava Beds National Monument. There is a 2-mile trail through the Stronghold providing views from the Modoc lines and the Army's lines. You can view the caves Captain Jack and Schonchin John used. There is a 3 mile hike out to the Thomas-Wright Battlefield in the Lava Beds giving you a view of the battlefield from the Modoc positions.
• Captain Jack Substation, a Bonneville Power Administration electrical substation, was named in honor of Kintpuash. It is located near what is now called Captain Jack's Stronghold. It forms the northern end of Path 66, a high-power electric transmission line.

See also

• Oliver Cromwell Applegate

Further reading

• Arthur Quinn, Hell with the Fire Out: A History of the Modoc War (1997), includes coverage of Kintpuash.
• Jim Compton, Spirit in the Rock: The Fierce Battle for Modoc Homelands (2017), reveals motive of Jesse Applegate and Jesse Carr to take possession of Modoc territory.

External links

• "Oregon Experience: The Modoc War", Oregon Public Broadcasting, July 2012. – Video (57:14)
• Indian Country Today June 15, 2016