An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho, Part 15

Author:
Publication date: 1903
Publisher: [S.l.] : Western Historical Pub. Co.
Number of Pages: 1524

USA > Idaho > Kootenai County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 15
USA > Idaho > Nez Perce County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 15
USA > Idaho > Shoshone County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 15
USA > Idaho > Latah County > An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho > Part 15

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HON. COLUMBUS DELANO, Secretary of the Interior.

Sir :- I beg leave to call your attention to a very grave and important question now pending before your department touching the subject of vacating the Wallowa valley in Union county, Oregon, for the purpose of securing the same to Joseph's band of Nez Perces Indians and to submit the follow- ing views thereon for your consideration :

On and prior to the 11th day of June 1855. the Nez Perces tribe of Indians occupied lands lying partly in Oregon and partly in Washington territory between the Cascade and Bit- ter Root mountains. On said 11th day of June, 1855, the said tribe by their chief, head men and delegates, numbering fifty- eight officials, made and concluded a treaty of peace and boundaries with the United States. Isaac I. Stevens acting on behalf of the United States for Washington territory and Joel Palmer for Oregon. By said treaty the Nez Perces ceded and relinquished to the United States all their rights, title and interest in and to all territory before that time claimed and occupied by them except a certain tract de- scribed therein, specifically reserved from the ceded lands, as a general reservation, for the use and occupancy of said tribe, and for friendly tribes and bands of Indians in Wash- ington territory. This general reservation embraced lands lying in part in Oregon, including Wallowa (Woll-low-how) valley.

On the 9th day of June, 1863. a supplementary and amendatory treaty was concluded between the said Nez l'erces tribe and the United States, the former being repre- sented by fifty-one chiefs, head men and delegates, and the latter by Calvin H. Hale, Charles Hutchins and S. D. Howe as commissioners specifically delegated.

By the latter treaty the Nez Perces tribe agreed to re- linquish and did relinquish to the United States all the lands reserved by the treaty of 1855 excepting a certain specified, tract designated as a "home and for the sole use and occu- pancy of said tribe." By this amendatory treaty the Nez Perces tribe relinquished to the United States all the territory embraced in the reservation created by the treaty of 1853. which jay within the boundaries of the state of Oregon, in- cluding the said Wallowa valley ; so that on and after said 9th of June, 1863, the Nez Perces tribe did not lawfully hold or occupy any land within the state of Oregon. Joseph's band of Nez Perces Indians were in the treaty council of 1855 and Joseph signed the treaty. Their action recognized the tribal resolutions of their band and bound all the persons and terri- tory described therein. The reservation named became the common property of the whole tribe. Joseph and his band acknowledged these conclusions also by accepting the benefits of the treaty of 1855. But Joseph refused to acknowledge the treaty of 1863 while a large majority of the chiefs and head men of the Nez Perces tribe signed the same Joseph died in IS71 and his sons claim the land which was relinquished to the United States in 1863, including Wallowa valley. This claim is based on the idea that the band which they represent were not bound by the treaty of 1863.

The United States had established the policy of treating with the Indians as tribes and nations. This policy was

HISTORY OF NORTH IDAHO.

based on the necessary fact that organized action by the tribe or nation binds the whole body and all of its members. The treaty of 1863 is the organized action of the Nez Perce tribe, in relation to land in which the whole tribe had a common interest. If the government shall admit that one sub-chief, out of more than fifty joined in council, can by refusing his signature or absenting himself, defeat the operation of the treaty, the policy of making treaties would be valueless and but few treaties would be binding. For there exists hardly a treaty with Indians west of the Rocky mountains in which all of the sub-chiefs and head men joined, and against which they have not positively protested. If we draw our con- clusions from the former practice of the government or from assimilated cases of foreign treaties, it must be admitted that the treaty of 1863 bound all the Nez Perces and extinguished the Indian title to all lands previously occupied by that tribe lying within the state of Oregon.

Acting upon this conclusion by order of the general land office, bearing date May 28, 1867, the public lands in Wallowa valiey and vicinity were directed to be surveyed and opened for settlement. The surveys made under this order amounted to eleven townships, which were approved May 9, 1868. From time to time since that period. citizens of this state have be- come settlers upon these lands to such an extent, as 1 am informed, that eighty-seven farms have been located and pre- emption and homestead claims have been filed thereto in the United States land office at La Grande.

Upon this statement of facts, I urge that the Indian title to the land occupied by these settlers has been doubly ex- tinguished : first by treaty and second by force of law. As the Indians have only a right of occupancy and the United States have the legal title, subject to occupancy, and an abso- lute and exclusive right to extinguish the Indian title of occupancy, either by purchase, conquest, or by legal enact- ment, it would follow that if the treaty of 1863 did not com- pletely extinguish: the Indian title to the lands in question the acts of the government in surveying the Wallowa valley and opening the same for settlement and the consequent occu- pancy of the same by settlers under the provisions of the several acts of congress affecting such lands, and the recogni- tion of these claims by the local land office of the United States, would work a complete extinguishment of the Indian title by operation of law, as far as the occupied lands are con- cerned.

There are other chiefs and head men of the Nez Perces who did not sign the treaty of 1863 and who have refused and still do refuse to acknowledge its binding force .. If the government shall in this instance accede to the demand of Joseph's band and create a new reservation for them, or shall admit in their favor the nullity of the treaty of 1863, as far as they are concerned, a score of like demands from other discontented hands connected with other neighboring tribes. under treaties negotiated in a similar way,, will be immediately pressed upon the attention of the Indian bureau. I am thoroughly persuaded that if the proposed surrender of the Wallowa valley and the adjacent region to these In- dians be now consummated as now demanded, the measure, if it works as a special pacification in this instance, will cause a general dissatisfaction, not only with the Nez Perces, but with all neighboring tribes living under treaty relations, and this character of work will have to be entered upon and carried out as to all.

The declaration as made by congress March 3, 1871, that "hereafter no Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation. tribe, or power, with whom the United States may contract by treaty," appears to me to relieve the department from entangling itself with an effort to reform past treaties, as such, and to leave the Indian office unembar- rassed to adopt such policy as will subserve the best interests of both whites and Indians, without submitting its judgment to the caprices of untutored savages.

In addition to what I have urged against re-establishing any part of the Nez Perces Indians in Oregon on grounds growing out of this particular case, I would respectfully press upon your consideration the general policy of the govern-

ment heretofore steadily pursued, of removing, as expedi- tiously as circumstances would permit of, all Indians from the confiines of the new states in order to give them the opportunity of early settlement and development and to make way for civilization. This state has already much of its best soil withheld from being occupied by an industrial population in favor of Indians.

The region of country in eastern Oregon not now settled, and to which the Wallowa valley is the key, is greater in area than the state of Massachusetts. If this section of our state, which is now occupied by enterprising white families, should be remanded to its aboriginal character, and the families should be removed to make roaming ground for nomadic savages. a very serious check will have been given to the growth of our frontier settlements, and to the spirit of our frontier people in their effort to redeem the wilderness and make it fruitful of civilized life.

There is abundant room for Joseph's band on the present Nez Perces reservation and the tribe desires to have this band observe the treaty of 1863. I learn that young Joseph does not object to going on the reservation at this time, but that certain leading spirits of his band do object, for the reason that by so doing they would have to abandon some of their nomadic habits and haunts. The very objection which they make is a strong reason why they should be required to do so; for no beneficial influence can be exerted by agents and missionaries among the Indians while they maintain their aboriginal habits. JOSEPH'S BAND DO NOT DESIRE WALLOWA VALLEY FOR A RESERVATION AND FOR A HOME. I understand that they will not accept it on condition that they shall occupy it as such. The reason of this is obvious ; they can have better land and a more con- genial climate at a location which has been tendered them upon the Nez Perces reservation. This small band wish the possession of this large section of Oregon simply for room to gratify a wild, roaming disposition and not for a home.

There are but seventy-two warriors in this band. The white settlers in the Wallowa country number eighty-seven. There are also in the Wallowa valley two incorporated com- panies. the Wallowa Road and Bridge Company and the Prairie Creek Ditch Company. The improvements of these settlers and companies have been assessed, as I am informed, by commissioners appointed under direction of your depart- ment, to amount to sixty-seven thousand, eight hundred and sixty dollars.

Considering that the demand of Joseph's band was made during the period of the apparently successful resistance of the Modoc outlaws against the treaty stipulation with the Klamaths, and that now the Modocs are subdued, it will doubtless be much less expensive to the government, and much more consistent with its general Indian policy, to in- duce Joseph's band by peaceful means to make their homes on the Nez Perces reservation, than to purchase the right of white citizens now in the Wallowa valley. The people of this state have uniformly recognized the boundaries of legally defined Indian reservations, and have abstained from attempt- ing to establish settlements thereon. In all instances of various difficulties between settlers and Indians on our frontier since the reservation system has been extended to Oregon, hostilities have resulted rather from the Indians re- fusing to confine themselves to their treaty limits than from any attempt of the settlers to encroach upon reservations. This was the case with the Yakimas in 1855, who killed three miners outside of their treaty limits. and then murdered Indian Agent Bolon, who visited them to remonstrate against their perfidy. This was the case last autumn with the Modocs and is now the case with Joseph's band in the light in which the treaty of 1863 has heretofore been held by the general government and by the people of Oregon.

I believe that facts will sustain me in saying that at all times and under all circumstances our frontier settlers have been as well disposed toward the Indians, and as moderate and forbearing as those of any other frontier and as much so as the people of any other state would have been under the circumstances.

Urgently pressing upon your careful consideration the

HISTORY OF NORTH IDAHO.

peculiar features of this subject and on behalf of the interests of this state and of the settlers in the Wallowa valley and the vicinity asking that the preliminary steps taken for the vacation of said valley for the purpose of creating a reser- vation for Indians may be rescinded, I have the honor to be Your obedient servant,

L. F. GROVER, Governor of Oregon.

The reasoning of Governor Grover in the above communication is certainly sound in everything ex- cept that it seems to overlook what we believe to be a fact of history that, in the treaty of 1855 the Wallowa valley was understood by both Indians and whites to be reserved especially for the use of old Joseph and his band. Joseph's assent to the treaty was certainly given with that understanding, and while technically and as a matter of strict legal construction, the Wal- lowa was, under the treaty of 1855, the property of the whole Nez Perces tribe, the other chieis of the Nez Perces seem to have taken no real interest in it. When the opportunity presented itself to sell to the United States what had never really been claimed by them why should they not embrace it? They would have given it up without protest in 1855 anyway. Why not sell Joseph's property when they had a chance to do so and receive a full portion of the price to themselves? Even white men are not always above taking advantage of their legal rights and privileges, though the letter of the law may chance to give them what equity and abstract justice would deny. From Joseph's point of view the chiefs sold to the United States what was his and not theirs, and we can hardly blame him if his untutored mind failed to grasp all the legal aspects of the case, and he saw only through the eye of his innate sense of right.

It should be emphasized, however, that the pioneer settlers of the Wallowa were in no wise to blame in this matter. Attempts on the part of United States officers to make them responsible in any measure for the troubles which arose are utterly indefensible, as were also those made at a later date to throw the blame for the outbreak of the Nez Perces war upon certain citizens of north Idaho. When lands were surveyed and offered for homestead and preemption location, the would-be settler is not supposed to go back to history in order to determine whether the government has a right to do as it has done. He should and does trust to the integrity and honor of his country for that. The first settlers of the Wallowa de- serve the same credit which is usually accorded to those who in spite of danger and hardships carry the seeds of civilization into the heart of the wilderness, there to plant and nurture them until they grow to full maturity.

Influenced no doubt by some such consideration as those we have been alluding to, the department of the interior made an abortive attempt to secure the vacation of the Wallowa on the part of the whites and the re- instating of Joseph. It was a serious blunder. If a wrong was done to Joseph in the negotiations of 1863 it could not be remedied without an equally great, per- haps a greater, wrong to the white settlers, in 1873.

The attempt to do so was fortunately not carried to completion.

In the spring of 1874 the Indian bureau determined to abandon its plan of attempting to establish an Indian reservation in northeastern Oregon. The letter which conveyed definite information of this change of policy to the people of the west was indited as follows :

U. S. SENATE CHAMBER, Washington, May 18, 1874.

HON. JAMES H. SLATER.

Dear Sir: I have recently received letters from our cit- izens of Union county inquiring what the Indian department was going to do in regard to the reservation of the Wallowa valley for Joseph's band of Nez Perces Indians; and whether the sums of money awarded to settlers in that valley for their improvements there would be paid. I have answered these letters, but as the subject is one of general interest to the whole people of eastern Oregon, I deem it proper to write you, so that you may give publicity to the views of the In- dian department on the subject.

Some time ago I had a conversation with Hon. E. P. Smith. the Commissioner of Indian Affairs, on this matter and urged upon him the propriety of rescinding his order setting apart Wallowa valley as an Indian reservation for Joseph's band of Nez Perces. He then said that probably this would be done, and the matter might remain there until further notice. On Saturday last I again had an interview and explained how important it was for those in the valley and others who intended going there that it be determined at once either to rescind the order establishing this reserva- tion or make it known that it would be adhered to, so that that the settlers might govern their movements accordingly. The commissioner then assured me that nothing more would be done toward establishing a reservation there, and that the settlers in the Wallowa valley would not be molested in any way by the Indian department. Of course the whole valley is now open to settlement by the whole people. In the conversation referred to, the commissioner said that having come to the conclusion to amend the order establishing the reservation. he would not ask Congress to make an appro- priation to pay the sums of money awarded to the settlers somne two years ago for their improvements made on lands within the boundaries of the intended reservation. * * * * * * *

* * *

I congratulate the people of Union county on the settle- ment of this perplexing controversy and hope no disturbance will hereafter take place with the roving bands of Indians who caused all the trouble and annoyance which have taken. place in regard to that valley.

Very truly yours, JAMES K. KELLY.

Important as this determination of the matter was to the whites, it wrought no radical change in the attitude of the Indians. Indeed, as General Howard unequivocally states, the real contention of Joseph and other malcontents, the prime cause of all the difficulty, was rebellion against submission to the United States government or any of its officers. It was summed up laconically in Toohulhulsote's insolent query, "Who gave Washington rule over me?" Denying as they did the jurisdiction of the United States, the Indians were not likely to pay any great heed to the order opening again to settlement the Wallawo valley. They con- tinued their summer wanderings over its broad acres and exercised freely the prerogative claimed by them of going when and where they pleased. But aside from bickerings and threat and pow wows, creating

Original Cabin of Richard Divine, the First Victim of the Indians, Killed June 13, 1877.

HISTORY OF NORTH IDAHO.

uncertainty and dread in the minds of all white resi- dents in and contiguous to Wallowa valley, no hostile movements were made by the Indians until the sum- mer of 1876. The immediate cause of this disturbance was a personal conflict between two white men, A. B. Findley and Wells McNall, on the one side, and non-treaty Indians on the other. The white men were hunting some lost horses which they believed the Indians had stolen. Locating an Indian camp they proceeded to search the vicinity for the horses. The Indians became angered ; an altercation arose, and one Indian engaged in a hand-to-hand encounter with Mc- Nall, attempting to take his gun from him. McNall called to Findley to shoot the Indian, which was done, the redskin being killed instantly. Both white men submitted to trial at Union and were acquitted, but the Indians were not satisfied and demanded their sur- render that they might be tried by Indian law. This was denied of course and Joseph ordered the whites to leave the valley within a specified time, upon pain of being driven out in case they failed to go peacefully. The whites appealed to their neighbors for help. Citizens of Union and other towns responded promptly and arrived at the McNall ranch in middle Wallowa valley at three o'clock in the afternoon of the day preceding that upon which Joseph was to begin operations in case the valley should not be vacated by the whites.

Inasmuch as the volunteers numbered only about forty it was determined to make no attack upon the Indians, but simply to prepare for defense. Lieut- tenant Henry Rinehart was, however, ordered to march with fifteen men to the upper valley for the purpose of assisting the settlers there in case of attack. Rinehart and his command, escorting a number of set- tlers and their families returned about twelve o'clock that night and about two o'clock next morning, Lieu- tenant Forse from Walla Walla arrived with forty- eight regulars, having made a forced march to reach the scene in time to avert or participate in the expected hostilities. Next day the soldiers and volunteers were marched to the upper valley. Forse found the Indians on the summit of a hill near the Wallowa lake, all of them divested of superfluous clothing, decked in war paint, well armed and mounted, drawn up in battle array and prepared generally for warfare. Forse made certain demands upon them, chiefly to the effect that they should remain on the opposite side of Hurri- cane creek from the whites and abstain from depre- dations. Joseph yielded a ready compliance ; his fol- lowers washed off their paint and sweet peace con- tinued to reign in the beautiful Wallowa valley.

In November, 1876, in accordance with the recom- mendations of General Howard, a commision was sent to Lapwai for the purpose of endeavoring to adjust matters with Joseph, his brother Ollicut, and all other disaffected non-treaty Indians. The arguments of the commissioners in their endeavor to induce the Indians to settle permanently upon some reservation were met by the old superstitious doctrines of the Dreamers, who taught "that the earth being created by God complete, should not be disturbed by man, and that any culti- 4

vation of the soil, or other improvements, to interfere with its natural production,-any improvements in the way of schools, churches, etc .- are crimes from which they shrink."

"This fanaticism," continued Howard, "is kept up by the superstition of these 'dreamers', who industri- ously teach that if they continue steadfast in their present belief a leader will be raised up in the east who will restore all the dead Indians to life, who will unite with them in expelling the whites from their country, when they will again enter upon and repossess the lands of their ancestors.

"Influenced by such a belief, Joseph and his band firmly declined to enter into any negotiations, or make any arrangements that looked to a final settlement of the questions pending between them and the govern- ment. While the commission gave all due respect to the precedents and authorities in the government deal- ings with the Indians, and to the decisions of the supreme court of the United States, which recognizes an undefined right of occupancy by Indians to large sections of the country, yet in view of the fact that these Indians do not claim simply this, but set up an absolute title to the land, an absolute and independent sover- eignty, and refuse even to be limited in their claim and control, necessity, humanity and good sense con- strain the government to set metes and bounds, and give regulations to these non-treaty Indians. * * And if the principle usually applied by the govern- ment, of holding that the Indians with whom they have treaties are bound by the majority, is here applied, Joseph should be required to live within the limits of the present reservation. * * *

"If these Indians overrun lands belonging to the whites, and commit depredations on their property, disturb the peace by threats or otherwise, or commit any other overt acts of hostility, we recommend the employment of sufficient force to bring them into sub- jection, and to place them upon the Nez Perces reser- vation. The Indian agent at Lapwai should be fully instructed to carry into execution these suggestions, relying at all times upon the department commander for aid when necessary."

With unusual promptness the government early in January, 1877, issued orders to Indian Agent J. B. Monteith to carry out the recommendations of the commission. Howard was directed to occupy the Wallowa valley and co-operate with the agent. That officer was sending friendly Nez Perces to Joseph, striving vainly to induce him to do what he had plainly told the commission he would not do, come upon the Nez Perce reservation. Joseph was interpreting all his friendly overtures as signs of weakness, and seemingly was becoming more and more established in his determination to yield no whit of his freedom but strengthening his own hands by effecting under- standings with other disaffected Indians.

In a conference with General Howard at Walla Walla, April 20, 1877. Ollicut arranged a council to meet at Lapwai in twelve days, in which the demands of the government and the position of the Indians were to be fully set forth. Howard was there per appoint-

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An illustrated history of north Idaho : embracing Nez Perces, Idaho, Latah, Kootenai and Shoshone counties, state of Idaho, Part 15

Author: Publication date: 1903 Publisher: [S.l.] : Western Historical Pub. Co. Number of Pages: 1524

Author:
Publication date: 1903
Publisher: [S.l.] : Western Historical Pub. Co.
Number of Pages: 1524