History of Washington; the rise and progress of an American state, Vol. III, Part 21

Author: Snowden, Clinton A., 1847?-1922; Hanford, C. H. (Cornelius Holgate), 1849-1926; Moore, Miles C., 1845-; Tyler, William D; Chadwick, Stephen J
Publication date: 1909
Publisher: New York, The Century history company
Number of Pages: 672


USA > Washington > History of Washington; the rise and progress of an American state, Vol. III > Part 21


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This treaty provided for the payment of $150,000 in annui- ties and $15,000 for improving the reservations and removing the Indians to them, and for two reservations of two sections each, one near Port Madison, and one on the east side of Fidalgo Island; also for one comprising the peninsula at the southeastern end of Perry Island, and another occupy- ing the delta formed by the Lummi, or Nooksack River. A special reservation of a whole township, of thirty-six sections, was also made on the north side of the Snohomish River at its mouth, "for the purpose of establishing thereon an agricultural and industrial school, and with the view of ultimately drawing thereto, and settling thereon, all the Indians living west of the Cascade Mountains in said terri- tory."


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The next council was assembled at Point no Point, on the west shore of the Sound opposite the southern end of Whidby Island. Three tribes, the Clallams, Chemakums and Skokomish were assembled here, and the negotiations with them lasted through two days. They were to be paid $60,000 in annuities, and $6,000 for removing them to and improving their reservation, which consisted of 3,840 acres located on the Skokomish River at the head of Hood's Canal.


A fourth treaty was made with the Makahs, and a few other small tribes, living in the neighborhood of Neah Bay, on January 3Ist. These Indians raised but little objection to the terms proposed to them, being chiefly concerned about their right to take halibut and whales, as they had always been accustomed to do, in the waters anywhere in their neighborhood. As there was no reason to interfere with these privileges, but rather every reason to encourage the exercise of them, the negotiations were easily concluded. They were to receive $30,000 in annuities, and $3,000 additional was to be spent in improvements on their reser- vation, which consisted of the ground they then occupied on Neah Bay and Cape Flattery.


Thus within a little more than five weeks four treaties had been completed with a score or more of tribes and bands, by which the Indians had yielded their claims to all the lands on both sides of the Sound, lying north of the south line of Pierce and Thurston counties, and between the coast and Cascade ranges, and all the south shore of de Fuca's Strait, agreeing to accept therefore absolute title to one general and several small reservations, and $272,500 to be paid in annuities, and $27,250 to be expended in removing them to and improving their reservations, the government


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agreeing in addition to provide schools for their children, and farmers and mechanics of various kinds to instruct them in the useful arts, for a period of twenty years. They had also received presents of considerable value at the con- clusion of each council, and except in a very few instances were satisfied with the arrangements they had made, and remained so.


Governor Stevens was subsequently criticised for the haste with which these negotiations were conducted; for providing to have the treaties interpreted to the Indians only in the Chinook jargon, and for the limited area, as well as the character of the land assigned to the various tribes for their reservations. Now that the heat and passion of the time in which these charges were first made, has largely passed away, it will be well to examine them with calmness, and determine if possible how much justice or injustice there is in or about them.


That few other Indian treaties, if any, were ever concluded in so short a time is probable. That the Indians would have preferred to take more time for deliberation there is little doubt. The Indian mind works slowly; he is rarely in a hurry, and prefers to reflect a long time on every under- taking before coming to a decision. But there is little reason to suppose that they would have profited, in any consider- able way, by a longer negotiation. They came to the coun- cils knowing what was expected of them, and knowing that they were going to do, generally, what was expected. They knew they were going to relinquish their claim to a large area of land that they had never seen, and would never see, for they were accustomed to live on and about the water and rarely went far from the shore of the Sound, except to visit the valleys of the rivers, as far as they could go


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conveniently in their canoes, when berries were ripe or certain roots were to be gathered. They were to surrender part of the shore and the valleys also, but they were to get something for it that would be useful to them, and they did not need all the land, or even the most considerable part of it. No person who has ever had much acquaintance with these Indians will doubt that Stevens might have procured the signing of these treaties with equal readiness by offering much less than they called for. But there was no reason to do this. The policy of the government was, and had been, to pay a fair and even a liberal price for the lands ceded, and it has always more than fulfilled its part of the contract. It is altogether probable, if not quite certain, that the terms and conditions of the treaties were made as clear to the Indians, by translating them into the Chinook jargon, as they could have been by using their own language. It is true that its vocabulary is not very copious, but neither are the vocabu- laries of the Indian languages. George Gibbs collected nineteen of these during his residence in Washington, and not one of them contains more than two thousand words, many of which are derivatives, while a much larger number are the names of places and things not used in trading or treaty-making.


The jargon on the other hand is peculiarly a trade language. It is a mongrel compound of Indian, English and French, with a few purely onomatopoetic words of Indian origin. It had its beginning and development on this coast, and its history is peculiarly a part of the history of Washington. Many writers have told its story more or less in detail, particularly Bishops Blanchet and Demers, Horatio Hale, the ethnologist of the Wilkes' expedition, and Gibbs of the Stevens surveying and treaty parties, and all agree that it


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began very early in the intercourse of the fur traders with the Indians. About eighteen or twenty of the Indian words are Nootkan, and Hale observed that these are those most frequently used, and are in fact necessarily used in trading. This seems to indicate quite clearly that it began to take form soon after the first white traders came to the coast, a suspicion that is strengthened by the fact that Lewis and Clarke and the Astor party found these words in use in their time, near the mouth of the Columbia, and later visitors found that nearly all the tribes along the coast understood their meaning. The surmise is further strengthened by the fact that an American is called a Boston man, no doubt for the reason that all the American traders at the time this expression was adopted, were from Boston.


These Nootkan words then form the basis of the language. The Astor party found the Indians using them and adopted them, together with many Chinook words, since they were surrounded by the Chinooks, and their intercourse with them was more intimate than with any of the other tribes. While they were learning their meaning and use, the Chinooks were picking up a few English and French words, from the American traders and their French-Canadian employees, and in time each began to make himself intelligible to the other by using a few words of one language and a few of the other. So this trade language began to grow. The Northwesters in Keith's time, and the Hudson's Bay people in after years, gradually enlarged it, until it was sufficiently elaborate for all their uses, and they distributed it from California to the Russian boundary. The Indians found it convenient to use in their intercourse with each other, the early white settlers quickly acquired it, and it became almost a universal language. Hale, who had only from May to October to


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study it, thought it comprised no more than 250 words in 1841, but Gibbs, who spent several years in Washington, found that it contained fully 500 words. It has been con- siderably enlarged since his time. It is so readily acquired, and so easily spoken, that it will probably continue to be used as long as the Indians remain.


Gibbs says of it that "notwithstanding its apparent poverty in number of words, and absence of grammatical forms, it possesses much more flexibility and power of expression than might be imagined, and really serves almost every pur- pose of ordinary intercourse." It is probable therefore that the treaties were made as clear to the Indians, who under- stood the jargon, as they could have been made had their own language been used, and interpreters were always appointed to translate from the jargon into the Indian languages, for those who did not readily understand it. It will be difficult, therefore, to persuade any fair-minded person, who will consider with care what the jargon is, and what the Indian languages are, that the Indians were at any disadvantage during the negotiation of these treaties, because it was used rather than their own languages, to acquaint them with the terms and provisions of the treaty they were making.


That the reservations at first assigned to the tribes, par- ticularly those joined in the Medicine Creek treaty, were both inadequate and badly located for their use, is not now denied. It was not practicable in Stevens' time, nor has it yet become so, to remove all the Indians to one general reservation, as was intended. If it had ever become prac- ticable, the single township reserved at the mouth of the Snohomish would not have been inadequate. But the difficulty about the other reservations could have been


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easily remedied-was in fact remedied when the occasion for it became apparent.


These four treaties were in all respects, save this, as fair and just to the Indians as any that have ever been made. They have made these Indians rich, who have fairly improved the opportunities which they gave them, and all the others well to do, and they have all lived better and more comfort- ably since they were made than ever before. The provision in them of which they have chiefly complained is that copied from the treaty with the Omahas, and it is one of the most wholesome that could be devised for their benefit. It has protected them in the possession of their allotments against the rapacity of those who would have robbed them if they could, against forfeiture for taxes or claims of any kind, and even against their own improvidence and incompetence. If any one had just cause to complain-particularly after the reservations were enlarged-it was the settlers. The reservations when enlarged were located wholly with regard to the wishes of the Indians, and in total disregard of the convenience of the white inhabitants. The Indians' lands could not be taxed. Where it became necessary, as it often was, to open roads through them, it could only be done at the cost of the settlers, and after the Indian office had been satisfied that the roads were necessary. This required much time, during which the settlers suffered great incon- venience. When opened the roads required to be improved and maintained, bridges were necessary, and for all this the Indian paid nothing, although the value of his property was greatly increased by it. Schools were provided immediately for his children; those of the settler were obliged to wait. He enjoyed the equal protection of the laws for life and property, and paid nothing for it. The government thought


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itself extremely liberal, and others have so regarded it, for giving the settler land enough to make a home upon, but it gave the Indian quite as much, paid him something to take it, exempted him from taxation, and guaranteed him in the possession of it. And the Indian had done nothing except to happen to be in the country, when the settler, at the risk of his life and that of his family, made it possible for the nation to perfect its title to it.


The remainder of the tribes with which the governor was now to deal were not to prove as tractable as the Sound tribes had been. They were not yet so well acquainted with the white people; moreover the old story that the whites intended to send them away in their fire ships to a sunless island, from which they could never escape, had been repeated everywhere among them, and made them very suspicious. An ambitious leader east of the mountains had long been persuading his own and other tribes to war, and the situation was already far more threatening than most people supposed.


It would have been better to raise an armed force and prepare to overawe the turbulent element, rather than endeavor to secure peace by treaty engagements, though the fact was not fully realized, at that time, in Washington. Agent Palmer in Oregon, who was better advised in regard to the feeling of the eastern tribes, suspected it, but he was supposed to be unnecessarily alarmed. Major Rains, in command at the Dalles, was also suspicious, but his prede- cessor had recently been removed because he had taken prudent heed to Father Pandozy's timely warning, and he therefore felt called upon to offer no advice until asked for it.


As soon after his return from his treaty-making tour of the Sound as possible, the governor sent his agents to


JAMES G. SWAN.


Born in Medford, Mass., January 11, 1818. He came to Shoalwater Bay in 1852, and the story of his three years' residence in Pacific County, under the title of " The Northwest Coast," published in 1857, and several other works printed in later years, have long been regarded as among the most valuable contributions to the history of the coast. He lived to see the terri- tory become a state, and marched at the head of the procession of pioneers at the inauguration of the state government.


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MAW2 .O ZUMAL antal, and others have so regarded it, for WIE wint aid to riodeenough tomake a home upon, but it to oltit ods pbaus truch, Bin him something to take IST9V 2 .bris , 1281 ni bodzilduq " Jaso? Jegwdtio and. guaranteed him in


the poetaidad ituoialdsAnd sabit Indiaumbad done nothing just add 992 of boyif the fog as towhere the settler, at 9ff' 10 bsod ont is bodoism bas sista, s smoogd VIot


for the nation so perfect its title to it


The remainder of the tribes with which the governor was now to deal were not to prove av xractable as the Sound tribes had been. They were not yet so well acquainted with the wind people; moreover the old story that the whites intended to mund them away in their fire ships to a sunless i land, from which they could never escape, had been repeated everywhere among them, and made them very wpicious,An ambitious leader east of the mountains had læng bren persuading his own and other tribes to war, and the situation was already far more threatening than most penple supposed


It would have been better to raise an armed force and prepare to wwerawe the turbulent element, rather than endeavor to secure peace by treaty engagements, though the fact was not fully realized, at that time, in Washington, Agent Palmer in Oregon, who was better advised in regard to the feeling of the eastern tribes, suspected it, but he was mapposed to be unnecessarily alarmed. Major Rains, in wand at the Dalles, was also suspicious, but his prede- www had recently been removed because he had taken prudent heed to Father Pandozy's timely warning, and he Howfor felt called upon to offer no advice until asked for it. As soon after his return from his treaty-making tour of the Sound as possible, the governor sent his agents to


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assemble the coast tribes in council. The place selected for the assembly was on the banks of the Chehalis River, near the claim of James Pilkingon, not far from Gray's Harbor. James G. Swan has given a graphic account of this council, in his "Three Years Residence in Washington Territory." The method of acquainting the Indians with the terms of the treaty was the same as that pursued in the other councils. On the first day the governor made a speech, which was interpreted by Colonel Shaw. On the second day the treaty was read and translated as before, sentence by sentence, so that the Indians might thoroughly understand it. After the reading they were dismissed until the following day, in order that they might have time to discuss it, and have any part explained to them that they did not fully understand. On the third day it was read a second time, after which the governor made another speech and invited the Indians to express themselves freely, espe- cially if any of them had any objection to offer.


Nearly all were willing enough to cede their lands, but some objected to the provision which contemplated their removal to a single reservation, on the coast, north of the harbor. They did not want to go away from their homes, they said; their ancestors were buried there, and there they wished to be buried, when the time should come. They were not friendly with all the other tribes, and if all went to one reservation they feared that trouble would follow. Some of them therefore asked for separate reservations, on the lands which they then occupied. Some also thought that separate treaties should be made with each of the tribes, but nearly all of these objections were overcome, and it seemed for a time that the treaty would be accepted, but a young chief named Tleyuk, who was evidently ambitious


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to become the great chief of all the tribes, and who had already obtained a considerable influence among other tribes than his own, was willing to sign the treaty only if the reservation should be located on his own land, and he was made grand tyee of all the tribes.


The governor would not assent to this. He wished to locate the reservation north of the harbor, where there were no settlers as yet, and this was not satisfactory to Tleyuk and his people.


During the evening and night following this conference, old Carcowan, Tleyuk's father, smuggled some whisky into the camp, and later made his appearance in the govern- or's tent quite intoxicated. He was handed over to Provost Marshal Cushman, with orders to keep him quiet till he got sober. This produced some ill feeling among his people, and on the following morning Tleyuk was more intractable than ever. He had heard the story, he said, that all the Indians were to be sent away to a sunless island, and he had no faith in anything the governor had said. He was assured that he was mistaken, but all efforts to convince him that this was so, or that the good intentions of the government might be relied upon, were unavailing.


In the evening the chiefs were summoned to the governor's tent, where another long conference was had with them. Tleyuk was still angry and impudent, and positively refused to sign the treaty, and behaved in a very disorderly manner, evidently hoping to break up the council. The next morn- ing when the Indians assembled the governor gave him a severe reprimand, took away the commission which had been given him as the recognized chief of his band, and tore it to pieces in the presence of the assembly. Tleyuk felt himself disgraced by the proceeding, but said nothing.


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The governor then declared that if all did not sign the treaty he would not ask any of them to do so, and the council was broken up.


The negotiation had lasted a week. "Nothing was done in a hurry," says Swan, "and ample time was given the Indians, each day, to understand the views of the governor perfectly."


Although this council resulted in nothing at the time, it was not without some beneficial effect, for on the 25th of January following, after the governor's return from the Blackfoot council, a treaty was signed at Olympia with the chiefs of the Quenaiult and Quillehute tribes, living on the coast north of Gray's Harbor. Under this treaty these two tribes were given $25,000 in annuities, and $2,500 to improve and remove them to their reservation, which was to be selected by the president, and it was afterwards located at the mouth of the Quenaiult River.


Early in 1856, while he was still busy with the treaties with the Indians in western Washington, the governor had dis- patched Secretary Doty and Agents A. J. Bolon and R. H. Lansdale to visit the Indians in eastern Washington, and arrange to have them assembled at some convenient place for a general council. Their reports indicated that they had been generally successful with their arrangements, and that the Indians would assemble on their old-time council grounds in the Walla Walla Valley, where the city of Walla Walla now stands, sometime in May. As some of the tribes claimed lands lying partly in Washington and partly in Oregon, it was necessary that the super- intendent of Indian affairs in Oregon should join in the negotiations, and General Palmer was accordingly invited to attend.


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It was realized at the outset that these negotiations would possibly be attended with some difficulty. The governor knew of Father Pandozy's letter to Major Alvord, and he had been aware ever since his arrival in the territory that some of these eastern tribes were greatly disaffected. Gen- eral Palmer thought the situation so difficult that no treaty was likely to be concluded, and he was ever doubtful about the propriety of sending any goods to be used for presents to the council grounds, unless a strong force could be pro- vided for their protection.


But so many immigrants had been murdered during the preceding year in the Snake River country, and the Indians north and west of the Columbia had been so threatening, that Stevens realized that something must be done for their protection, or the Indians would become bolder, more murders would be committed, and some of the trains might be annihilated. Had the legislature acted more promptly on his recommendation in regard to organizing the militia, or had the war department sent a sufficient supply of arms, in answer to his request, it would have been possible to organize a force large enough to police the trail, and so furnish the immigrants the protection they needed, and Stevens would possibly have chosen this course if it had been open to him. As this was not possible nothing remained but to negotiate with the tribes, and if possible secure their pacifi- cation and good will in that way. If this was not done nothing could be done.


He accordingly left Olympia on May 12th, accompanied by his son Hazard, A. J. Cain, Indian agent for the lower Columbia, and R. H. Crosby, for the Dalles. Before leav- ing he received a letter from Father Ricard, of the Yakima mission, warning him that the Indians were in very ill


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humor, and were in fact plotting to murder the commissioners who should come to hold a council with them, and possess themselves of the goods they should bring with them. At the Dalles he found that Major Haller had recently received notice from Lloyd Brooke, a settler in the Walla Walla country, saying that the Indians were in a very ugly mood, and that it would be dangerous for the commissioners to visit their country without a strong escort. General Palmer, who had arrived, was reluctant to make any attempt to negotiate at that time, and was of the opinion that any goods sent to the council grounds would be wasted.


Stevens himself now became satisfied that no good result could be expected from the negotiation, unless an escort could be furnished by Major Rains, not only to protect the party and their goods, but to maintain the dignity of the negotiators, by enabling them to seize any person, whether a white man or an Indian, who should behave in an improper manner. There were probably some disaffected Indians in each tribe, the governor thought, and if these should attempt any demonstration, it would be necessary to suppress it at once, or a general massacre of the party might result. With a sufficient military escort, these tur- bulent spirits might be overawed, and if need be seized, when the others would be more easily controlled. Further than this the governor anticipated no difficulty.


Rains had recently received orders requiring him to send part of his force, which consisted only of two small companies, to protect the settlers on the Snake River, and punish the murderers of the Ward party, and was reluctant to further reduce the small number of men who would be left at the Dalles, but was finally persuaded to send Lieutenant Gracie with forty men, to attend the council. This force was


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increased by a reinforcement of ten soldiers and two packers before reaching the council grounds.




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