USA > Idaho > History of Washington, Idaho, and Montana : 1845-1889 > Part 55
USA > Montana > History of Washington, Idaho, and Montana : 1845-1889 > Part 55
USA > Washington > History of Washington, Idaho, and Montana : 1845-1889 > Part 55
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1 Rhinehart's Or. Cavalry, MS., 6; Or. Argus, June 2, 1863.
487
INDIAN DIPLOMACY.
when Lawyer with great adroitness appeared to side with them, and declared the Nez Percés would never sell their country, though they might be brought to consent to gold-mining upon it for a sufficient consid- eration. Some of the chiefs questioned the authority of the commissioners to make a treaty, and the Ind- ians appeared to be drifting farther away from a friendly feeling as the negotiations continued. Super- intendent Hale, affecting to resent the imputation upon his authority, replied that the doubt would ter- minate the council, and he had nothing further to submit.
The withdrawal of the commissioners changed the attitude of Lawyer, who intimated that in a few days he would offer a proposition of his own. On the 3d of June a grand council was again called, at which all the chiefs of both divisions of the Nez Percés were present except Eagle-from-the-light. The objections of Lawyer were answered, the grievances of the Ind- ians explained away by the commissioners, and the thanks of the government tendered for the loyal ser- vices of the tribe in the past. They were assured that the government desired their welfare, and be- lieved it would be promoted by locating on a reserva- tion where they could be protected, and their land secured to them forever in severalty by a patent from the government; but if they were unable to come to any conclusion, the council would be immediately ter- minated.
On the evening of that day Lawyer offered to give up the land on which Lewiston was situated, with twelve miles around it, including the Lapwai agency and post, which was promptly rejected. There was now a lengthened consultation among the Indians; and again several meetings of the council were held, the non-treaty chiefs being present. They were told by Commissioner Hutchins that their sullen and un- friendly manner was the occasion of the disagreements among the Nez Percés, and that although they might
488
THREATENING ASPECT OF AFFAIRS.
persist in refusing to accept their annuities, as they had done heretofore, such action would not release them from the obligations of the treaty they had signed in 1855. To this they severally replied with- out altering their attitude of passive hostility, and withdrew from the council, Eagle-from-the-light being already absent, but represented by a deputation of his warriors.
Affairs now assumed a threatening aspect, the com- missioners fearing the defection of the whole tribe, and having apprehensions for their safety. A message was despatched to the fort, and a small detachment of cavalry, under Captain Curry, ordered to the council- ground. It arrived about one o'clock at night, find- ing everything quiet except at one of the principal lodges, where fifty-three chiefs and head-men were assembled in earnest debate, the arguments being continued until almost daybreak, when, being still unable to agree, the principal chiefs on each side dis- solved, in a solemn but not unfriendly manner, their confederacy, and having shaken hands, separated, to go each his own way with his followers. The seced- ers were Eagle-from-the-light, Big Thunder, Joseph, and Coolcoolselina, with their head-men.
At the next meeting of the council, Lawyer, for himself and the nation, accepted the proposition of the commissioners, somewhat altered and amended, and the 9th of June was set for the signing of the new treaty, and the distribution of presents. Hope was entertained that the disaffected chiefs would finally yield, but in this the commissioners were disap- pointed.8 From the subsequent action of one of these chiefs, it is presumable that they believed that by re- fusing to sign the treaty made with the majority of
8 Report of the Adjutant-general of Oregon, 1865-6; Lewiston Golden Age, June 17, 1863; Or. Argus, July 6, 1863. There is an able monograph on the subject of this treaty by H. Clay Wood, colonel U. S. A., called The Status of Young Joseph and his Band of Nez Perce Indians under the Treaties be- tween the United States and the Nez Perce Tribe of Indians, and the Indians' Title to Land. Portland, 1876.
489
TREATY WITH THE NEZ PERCÉS.
the nation, they would be able to hold their several favorite haunts.
The terms of the new treaty reserved an extent of country bounded by a line beginning at a point on the north bank of the Clearwater, three miles below the mouth of Lapwai Creek, crossing to the north bank at Hatwai Creek and taking in a strip of country seven miles wide along the river, reaching to the North Fork, thence in a general southerly course to the 46th par- allel, and thence west and north to the place of begin- ning, containing 1,500,000 acres, or about 500 acres to every individual in the nation, and embracing Kamiah prairie and many small valleys, as well as some mountain land, the whole being less than one sixth of the former reservation. By this division, Lawyer retained his home at Kamiah, and Big Thun- der his location at Lapwai, these two being the prin- cipal men in the nation.
The consideration agreed to be paid for the relin- quished lands, in addition to the annuities due under the former treaty, and the goods and provisions dis- tributed at the signing of the treaty, was $260,000, of which $150,000 was to be expended in removing and settling on the reservation such families as were outside the new limits, and ploughing and fencing their lots, which were also to be surveyed for them, four years being allowed for the completion of this part of the contract. The sums already mentioned as offered for farm-wagons and implements, mills, school-houses, and schools, were to be paid, with an additional $50,000 for boarding and clothing the chil- dren, and two years additional of the school appro- priation at $2,000 a year. To build two churches within a year after the ratification of the treaty-one at Lapwai and one at Kamiah-$2,500 was provided. Provision was made for two subordinate chiefs, with a salary of $500 each, and houses furnished. Inas- much as several provisions of the former treaty had not been carried out, $16,000 was agreed upon to sup-
490
THREATENING ASPECT OF AFFAIRS.
ply the deficiency. To the chief Timothy, who led Colonel Steptoe into the midst of his enemies in 1858, was allowed $600 to build him a house. The Nez Percé claim for horses was to be paid in gold coin, and all the conditions of the first treaty not abrogated or changed were to remain in force, the United States reserving the right to lay out roads across the reserva- tion, build hotels or stage-stations, and establish the crossings of streams; but the profits of ferriage, li- censes, and rents accruing from these improvements were reserved to the Indians, as well as the timber, springs, and fountains on the reservation.º
I have dwelt thus particularly upon the conditions of the Nez Perce treaty because of the prominence of this aboriginal nation among the tribes of the north- west, and in order to explain what is to follow. Con- gress being fully occupied with the complex questions arising during the civil war, and in consequence of it, gave little attention to Indian affairs, and had little money to expend upon treaties. The Nez Percés meanwhile had much to complain of. The treaty of 1855 was not ratified until 1859. No appropriation was made until 1861, and then only a partial one. Another partial payment was made in 1862. Mean- while evil-disposed persons poisoned the minds of that portion of the tribe which had always been disaf- fected, saying that the government was broken up by the rebellion and could not redeem its promises, and that the Indians were fools to observe their part of the compact. There was much justification for ap- prehension of fraud or failure in the overrunning of the reservation by miners, and the location of the capital of the territory upon it. It was to do away
9 The only privilege asked other than here named was that of a grant of land at Lewiston to their friend Robert Newell, which was acceded to in the 9th article of the treaty. They had requested at the former treaty that William Craig might be allowed to remain as a settler on the reservation, which request was granted. In 1873 an Indian agent endeavored to compel Craig's heirs to leave this improved land, but the government gave them a patent to it. Lewiston Idaho Signal, Jan. 10, 1875.
491
LAWYER VISITS WASHINGTON.
with these fears and establish the status of both white and red men that the new treaty was pro- posed.
But here again the government was remiss. It neither honored the old treaty nor confirmed the new. In 1865 I find the agents writing that no money has been received since June 1863; that the white settlers insisted upon the terms of the new treaty not yet confirmed, while the Indians clung to the old, and there was danger that a hostile confederacy would be formed between the people of Eagle-from-the-light and the Blackfoot and Crow nations for the extermi- nation of the white settlers of Idaho and Montana. At length, upon the representations of Governor Lyon, a sum little short of $70,000 was placed in his hands for the benefit of the Indians, but for $50,000 of which he failed to account.10 Thus time and money slipped away.
In 1867, the senate having amended the treaty of 1863, a special agent was appointed in conjunction with Governor Ballard and others,11 to induce the Nez Percés to accept the amendments; but this being refused, the treaty was finally ratified in its first form12 by six hundred of the nation, and in the following year Lawyer, Utsemilicum, Timothy, and Jason, chiefs, attended by P. B. Whitman, interpreter, and Robert Newell, made a journey to Washington City, by permission of the president, to talk with him and the head of the Indian department about the still existing differences of construction put upon those articles. Utsemilicum died in Washington soon after arriving, but Lawyer, who could better bear the strong rays of civilization's midday sun, lived to profit by his visit, and returned with Jason to instruct his people.
10 Rept of Com. Ind. Aff., in Boise Statesman, Feb. 21, 1867. Lyon went to Washington in 1866 ostensibly to make good this defalcation, but claimed that he was robbed en route.
11 The commissioners were D. W. Ballard, ex-officio superintendent, Judge Hough, special agent, James O'Neil, regular agent of the Nez Percés, Robert Newell, and Major Truax. Portland Oregonian, June 26, 1876.
12 Ropt Sec. Int., 1867-S, pt ii., 14-15; Owyhee Avalanche, June 15, 1867.
492
THREATENING ASPECT OF AFFAIRS.
Some amendments to the treaty13 as it existed were proposed by Lawyer, who complained, among other things, that the reservation was too small. He was afraid of being crowded.
In 1869 the government made a change in the ad- ministration of affairs at the various Indian agencies, by assigning to each a military officer as agent, and Lieutenant J. W. Wham was appointed to the Lapwai agency. The superintendent of Indian affairs was also a military officer, whom we have met in southern Oregon, Colonel De L. Floyd Jones. But by an act of congress, passed in July 1870, it was made neces- sary to relieve officers of the army from this service, and the next change made was that of placing the appointment of Indian agents in the choice of religious societies, to each of whom certain agencies were as- signed by the department. The Nez Percés were placed in charge of the presbyterians, who nominated a man of their church, J. B. Monteith.
None of these, however, were as satisfactory to the Indians as their former agents had been. D. M. Sells, who relieved Wham in February 1870, was much complained of for a 'scandalous fraud' in fencing the Indian farms,14 and Monteith was obnoxious on account of his sectarianism, a part of the Indians being catholic, and desiring catholic teachers. Then the government appointed another commission to inquire into this and other grievances, which reported that catholic15 interference would destroy the effect of the
13 The amendments agreed upon were, that in the event of the land within the reserve not being sufficient for the selection of 20-aere lots of good agri- cultural ground, then 20-acre lots of improved land might be made outside of the reserve; and also that the cutting of timber on the reservation should be prohibited, except when done by the permission of the head chief and the U. S. Indian officers. Portland Oregonian, Nov. 4, 1868.
14Sce rept of special com., in Ind. Aff. Rept, 1873, 159.
15 The commissioners this time were John P. Shanks, Gov. Bennett, and Henry W. Reed. They gave it as their opinion that 'the strife between two religious denominations is a great detriment to the Indians, as they are not well prepared to see that there is no religion in such a contest. If the cath- olics are allowed to build a church on the reservation, it will measurably destroy the schools on the reservation, or compel the establishment of other schools than those provided for by treaty.' Ind. Aff. Rept, 1873, 158. The late superintendent, Jones, had reported that the jesuit fathers were anxious
493
ON THE RESERVATION.
instruction given by the government under the pres- byterians. The other causes of dissatisfaction related to the presence of certain white persons upon the reservation whom the agent wished removed, but whom Jacob, who had been elected head chief, desired to remain.16
These were important issues on a reservation, and employed the politicians of the Nez Perce nation, who had little else to do, in a continual attempt to show cause why they should not be satisfied, although the treaty of 1863, when finally ratified, had been pretty faithfully observed. The greatest obstacle in the way of the welfare of the Indians was the same now that it had been when Spalding first taught amongst them-an abhorrence of labor. The reservation sys- tem, although made unavoidable by the danger to the Indians of contact with white men's vices, encouraged idleness by providing for the wants of the Indians until such time as the benefits of their treaties should expire, and they be compelled to work.
But it was not only that the Nez Percés on the reservation required much soothing; ever since the council of 1863 there was a threatening faction among the non-treaty Nez Percés who had never removed to the reserve. Eagle-from-the-light spent most of his time east of the Rocky Mountains among the war- like tribes of Montana and the plains. Several petty chiefs resided on tributaries of the Salmon and Snake rivers in Idaho, and Joseph, son of that chief Joseph who had been a member of Spalding's church at Lap- wai away back in 1844, made the valley of Wallowa Creek in Oregon his summer resort for fishing and
to get control of the schools at Lapwai and Kamiah, and that in his opinion it would be better they should, as it would take the children away from the influence of their parents.
16See Lewiston Signal, May 17, June 21, Aug. 23, Nov. 29, and Dec. 20, 1873; Ind. Aff. Rept, 1873, 158. These were keepers of inns or stage-stations, who under the treaty were allowed to occupy a few acres for a food supply and grazing. The complaint of the agent was that they cultivated more land than was intended in the treaty, and sold the productions. On the other hand, the agent was accused of taking the property of the Indians, provided by the government under the treaty, for his own use.
494
THREATENING ASPECT OF AFFAIRS.
grazing his stock, but for the rest of the time roamed where he pleased.17
Joseph's people came in contact with the Shoshones, and with a bad class of white men, neither of which were profitable as associates. The longer he remained off the reservation and under these influences the worse it was for everybody-at least, so thought the inhabitants of Idaho, who had an experimental knowl- edge of Indian disturbances, and who, alarmed by the Modoc war, arising from almost exactly similar cir- cumstances, urged the Indian department to take measures to remove all the Indians to their reserva- tions.
Accordingly, in March 1873, Superintendent Odeneal of Oregon, and Agent Monteith, under in- structions from the secretary of the interior, held a conference with Joseph and his followers at Lapwai, to listen to their grievances and report to the secre- tary. At this conference Joseph entirely repudiated the treaty of 1863, and declared his refusal to go upon either the Umatilla or Nez Percé reservations, as proposed. Upon this report, the secretary issued an order that Joseph's band should be permitted to re- main in the Wallowa Valley during the summer and autumn, promising that they should not be disturbed so long as they remained quiet. The secretary also directed that a description of the country should be sent to him, that he might make an order setting apart this valley for the exclusive use of the Indians, prohibiting its further settlement by white people, and enabling him to purchase the improvements al- ready made. On the 16th of June the president set apart a reservation for the non-treaty Nez Percés under Joseph, including the Wallowa and Immaha valleys, the latter being the usual residence of this chief.
This infraction of the treaty of 1863 by the secre-
17 The Wallowa Valley is a high region, and fit only for grazing; but as a stock country it is unsurpassed, and therefore became settled by stock-raisers, whose presence was an irritation to the Nez Percés, who claimed it.
495
PREPARING FOR AN OUTBREAK.
tary and president occasioned much disapprobation, and gave further cause for alarm, being a repetition of the course pursued toward the Modocs, which re- sulted so disastrously. The newspapers warned the people to be ready in case of an outbreak, with their arms in order and ammunition on hand. A company of volunteers was raised at Mount Idaho, which being on the border of the reservation was in the most ex- posed situation. The governor of Idaho made a requi- sition upon the ordnance department of the United States, which shipped to him 500 Springfield rifled muskets, and ammunition in large quantity, which arms and ammunition were to be issued to organized military companies, under certain restrictions and pledges.
These precautions were not without good reason, there being much uneasiness among all the tribes in Idaho, caused, it was believed, by the Modoc war, and frequent instances were reported of insolent and threatening behavior, with occasional thefts and mur- ders, which were generally attributed to the Sho- shones. The Cœur d'Alenes and other northern tribes partook of the excitement, and Odenal and Monteith were directed to negotiate with them, after which a council was held, July 29, 1873, between the Cœur d'Alênes and the commissioners before men- tioned as having been appointed in this year. These Indians had never entered into treaty relations with the United States, but had remained friendly after the punishment administered in 1858 by Colonel Wright. A reservation had been assigned to them in 1867 by order of the president, upon which, how- ever, they had never been confined, and which inter- ested persons had caused to be changed, to their injury. Agents who had been appointed to reside among them to protect their rights had not done so. Of some of these they complained that their practices and examples were scandalous. These abuses the commissioners promised should be corrected, and a
496
THREATENING ASPECT OF AFFAIRS.
new reservation was agreed upon, extending from the mouth of the Okanagan River eastward by the course of the Columbia and Spokane rivers to the boundary line between Washington and Idaho, and east of that five miles, whence it ran north to the 49th parallel and west along that line to the middle of the channel of the Okanagan River, and thence to its mouth. This large area was reserved for the several tribes residing upon it, namely, the Lower Spokane, Lake, San Poel, Colville, Pend d'Oreille, Kootenai, and Methom bands, as well as the Cœur d'Alenes. All the improvements of white persons were to be pur- chased and presented to the Indians, except those of the Hudson's Bay Company, which had been paid for in the award to that company. To any head of a family desiring to begin to farm for a livelihood, a certificate was to be issued securing the possession of 160 acres, with assistance in putting in a crop and building houses. Schools were to follow in good time. Every child of a white father and Indian mother should be entitled to inherit from the estate of the father, and cohabitation should be considered to constitute marriage in a suit for the rights of in- heritance.18
On the part of the Indians, they promised to sur- render their title to the country south and east of the tract reserved, and asked no pay, in money or goods; but if the United States wished, they would accept such help as above named. A year afterward con- gress had taken no action in the matter, and the Ind- ians were still roaming and unsettled.
18 This provision was aimed at the practices of certain men, who, the Ind- ians complained, took their women and begot children, which they left for the tribe to support. Among these were Park Winans, former agent, Sher- wood, Winan's farmer, Perkins, and Smith, who wanted to be made agent. Rept of special com., in H. Ex. Doc., 102, 43d cong. Ist sess.
CHAPTER V.
INDIAN WARS. 1874-1878.
MARCH OF THE CAVALRY-ATTITUDE OF JOSEPH-HIS OPINION OF INDIAN RESERVATIONS-INDIAN OUTBREAKS-MILITARY COMPANIES IN THE FIELD-THE GOVERNORS OF WASHINGTON, OREGON, AND IDAHO-BATTLE OF COTTONWOOD-JEALOUSIES BETWEEN REGULARS AND VOLUNTEERS- BATTLE OF CLEARWATER-FLIGHT OF JOSEPH-BATTLE OF RUBY CREEK- ON SNAKE CREEK-SURRENDER OF JOSEPH-ANOTHER INDIAN TREATY- DISAFFECTION OF THE BANNACKS-FURTHER FIGHTING-END OF HOSTIL- ITIES.
AFTER the elose of the Modoe war, General Davis ordered a march by the cavalry of 700 miles through the country threatened by dissatisfied tribes, in order to impress upon their minds the military force of the United States. But the reservation set apart for Joseph and his non-treaty followers remained unoceu- pied, and he continued to roam as before. The set- tlers on the Wallowa were impatient to know whether their indemnity money was to be paid, or what course the government would pursue, and wrote to their representative in congress, who replied that the commissioner of Indian affairs had assured him that the reservation order would be reseinded, and the settlers left undisturbed.1 With this understand- ing, not only the settlers who were in the valley re- mained, but others joined them, and when the Ind- ians overrun their land elaims with imperious freedom, warned them off. It was not until June 10, 1875, that the president revoked his order, thereby formally
1 Ind. Aff. Rept, 1874, 57-8; Lewiston Signal, June 13, 1874. HIST. WASH .- 32
(497 )
498
INDIAN WARS.
releasing 1,425 square miles from any shadow of Ind- ian title.
But Joseph regarded neither president nor people, and in 1876 another special commission was appointed by the Indian department at Washington to proceed to Idaho and inquire into the status of Joseph with regard to his tribe and the treaties. The commis- sioners were D. H. Jerome, O. O. Howard, William Stickney, A. C. Barstow, and H. Clay Wood. They arrived at Lapwai in November, where Joseph met them after a week of the customary delay, and pro- ceeded to measure his intellectual strength with theirs.
When plied with questions, he had no grievances to state, and haughtily declared that he had not come to talk about land. When it was explained to him that his position in holding on to territory which had been ceded by the majority of the nation was not tenable according to the laws of other great nations; that the state of Oregon had extended its laws over this land; that the climate of the Wallowa Valley rendered it unfit for a reservation, as nothing could be raised there for the support of the Indians, with other objections for setting it apart for such a purpose, and a part of the Nez Perce reservation was offered instead, with aid in making farms, building houses, and instruction in various industries-he steadily re- plied that the maker of the earth had not partitioned it off, and men should not. The earth was his mother, and, sacred to his affections, too precious to be sold. He did not wish to learn farming, but to live upon such fruits as the earth produced for him without effort. Moreover, and this I think was the real motive, the earth carried chieftainship with it, and to part with it would be to degrade himself from his authority. As for a reservation, he did not wish for that, in the Wallowa or elsewhere, because that would subject him to the will of another, and to laws made by others. Such was substantially his answer, given in a serious and earnest manner, for Joseph was a
499
JOSEPH'S THEORIES.
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