COUNCILS AND COMMISSION REPORTS
"Report of the General of the Army," pp. 3-165, 482-660. In U.S. House. 45th Congress, 2d Session. Report of the Secretary of the War, 1877 (H.Ex.Doc.1, Pt. 2, Vol. 1). Washington: Government Printing Office, 1877. (Serial Set 1794)

1877 COUNCILS

From: 10., Report of Brigadier-General O. O. Howard, pp. 576-660.

. . . We soon arranged that I should return the ensuing week to Lapwai from Wallula; that the agent and myself should hold a council with Joseph and his people, as Ollicut had requested, at the fort; next that I should telegraph from Wallula that if all the non-treaties came to the Nez Percés reservation it would be necessary to take the lands held without real title by several white men on the reserve; that probably it would be necessary to bring forward more troops to the vicinity of Lewiston, and also move up Captain Whipple’s command, at least temporarily, to the vicinity of the mouth of the Grande Ronde, for at least one-half of the Indians were there encamped south of the Snake and between Lewiston and Wallowa Valley; that Agent [John] Monteith was to send word to the Indians, through the friendly Nez Percés, to meet us on or soon after my return; and that Captain Perry should make all the necessary preparations for a council, under canvas, within the limits of his post. I left my two aides-de-camp, Lieutenants Boyle and Wilkinson, to co-operate with the agent and Captain Perry in carrying forward the preliminaries to the plans just agreed upon. . . .

FIRST COUNCIL.

There came together the morning of the 3d [of May] about 50 Indians, mostly of Joseph’s band, accompanied by Young Chief, of the Umatillas. The Indians approached mounted, marched entirely around the garrison, on the outside, singing a sort of chant, and came into the large hospital-tent which had been pitched in front of the guard-house, with tent-fly in front and the sides well up, and went through the usual ceremonies, handshaking with Agent Monteith, myself, and other officers present; quite a number of treaty Indians immediately gathered around, inside and outside the tent. Father Cataldo being present, opened the talk by a short prayer in Nez Percés. Then immediately Joseph is told by me, that I understood by his brother, twelve days before, at Fort Walla Walla, that he wished to see me; that I was there to hear what he had to say. Joseph explained that another band of Indians, White Bird’s from Salmon River, were coming, already in the mountains (Craig), and would be here to-morrow.

Joseph hopes I will not be in a hurry. I answer, "Mr. Monteith’s instructions and mine are directly to YOUR people; if you decide at once to comply with the wishes of the government, you can have the first pick of vacant land. We will not wait for White Bird; instructions to him are the same; he can take his turn."

One old "dreamer" lectured the interpreter, Mr. Whitman, urging him for the sake of coming generations, both white and Indian, to interpret correctly. Another old medicine-man, with a somewhat querulous spirit, said they wanted to talk a few days about their land. I replied that the agent and myself wished to hear what they had to say, whatever time it might take; but they must know in the outset, that in any event, they were to obey the orders of the Government of the United States. As it was evident that the Indians were more curious to get something from us, and more disposed to parley and waste time than to communicate anything to us, or make any request, I asked the agent, Monteith, if he had not better read his instructions from Washington to the Indians. This he then did, and they were slowly and clearly interpreted to them.

The agent then said, "I sent out [James] Reuben and some others to your camp and invited you to come in; now you must come, and there is no getting out of it. You and White Bird’s Indians can pick up all your horses and cattle and come on the reservation. I have the land for all of you. Joseph can pick the place he wants, if he will do it at once. General Howard will stay till matters are settled."

Ollicut then said, "We must think for ourselves, whites and Indians; we have respect for the whites, but they treat me as a dog and I sometimes think my friends are different from what I supposed. There should be one land for all. If I commit murder, I should be hung; but if I do well, I should not be punished. Our friends will be here to-morrow, and I will then tell what I think."

I answer, "Joseph and myself and the agent are under the same government; what it commands us to do, that we must do. The Indians are to come on the reservation first, then they may have privileges, as the agent has shown, viz., to hunt and to fish in the Imnaha Valley. If the Indians hesitate to come to the reservation, government directs that soldiers be used to bring them hither. Joseph and Ollicut know that we are friendly to them, and if they comply there will be no trouble."

Further discussion is had between us on the subject of law and obedience, when the Indians still entreat for delay.

Before dismissing the council I pay my respects to the two old medicine-men, who are evidently the worst malcontents; in fact, the leaders in opposition. They answer me saucily. I then show them plainly that if they persist I will have them arrested, as Skimiah was at Vancouver, and show them that if they continue turbulent and disobedient that they will be sent to the Indian country. I reiterate the orders to them, with as much severity of manner as I could command, to give them good advice, until I saw that they were alarmed for their personal safety. From this time they kept in the background, and I believe advised compliance with our requirements.

SECOND COUNCIL.

Friday, the 4th of May, the Indians came together again, very much re-enforced, part of White Bird’s Indians and some others having come in. They go through a similar preliminary ceremonial around the garrison. We were finally seated at the council-tent, when a treaty Indian Alpowa Jim, opened the council by a brief prayer in Nez Percés. Then immediately the agent, Monteith, read his instructions from Washington, explaining them as was done the day before. I indorsed the agent’s speech and briefly recapitulated my orders.

Joseph simply introduced White Bird and his people, stating that they had not seen me before, and that he wished them to understand what was said. White Bird sat demurely in front of me, kept his hat on, and steadily covered his face with a large eagle’s wing.

They then put forth the old "dreamer" of White Bird’s band, Too-schul-hul-sote by name, a large, thick-necked, ugly, obstinate savage of the worst type. His first remark was about the law of the earth; that there were two parties to a controversy, and the one that was right would come out ahead. We answered that we were all children of a common government, and must obey. The old man replied that he had heard about a trade between Indians and white men, bargaining away the Indians’ land, but that he belonged to the land out of which he came. I answered, the Nez Percés Indians did make an agreement, and, as the commissioner explained last fall, the non-treaties, being in a minority, were bound by that agreement, and must abide by it.

The old man declared I had no right to compare him and grown-up Indians to small children, but they don’t think for one another; government at Washington cannot think for us. This sort of talk was continued at some length.

White Bird’s Indians, having come a long distance, were evidently very tired. I thought it was best to allow them to assemble again, with a view of keeping them on the reservation and gathering in others still, and let them have time to talk over what we had told them until I could get my troops in position; for I had ordered Captain Trimble’s company to Lewiston and Captain Whipple’s company forward across the Wallowa Valley to the vicinity of the confluence of the Grande Ronde and Snake Rivers. I had also directed that two companies more move from Vancouver and encamp near Wallula, to keep the attention of the Indians in that quarter, or to be brought to me if needed; so when Joseph asked for a postponement till the morrow, I said, "Let the Indians take time; let them wait till Monday morning; meanwhile they can talk among themselves." This gave evident satisfaction, and Monday morning at 9 o’clock was fixed for the next meeting.

THIRD COUNCIL.

Monday, the 7th of May, the Indians had still further accessions to their numbers; Hush-hush-cute, from the Snake River below Lewiston, with his followers, was present. The delay and the numbers, with their secret communings, had evidently given the Indians heart. After the usual form of opening the talk, Agent Monteith said that he had forgotten to tell them one thing, that they would not be disturbed in their religious belief by the government, excepting where the "Too ats" [tewats] or "dreamers" caused a disturbance of the peace. I added that "it made no difference what church a bad teacher belonged to, if he gave bad advice, advice that caused disobedience to plain government requirements, he would be punished."

We then called upon the Indians, as they had plenty of time to consider the instructions, to complete what they had to say. The same old "dreamer," Too-schul-hul-sote, was put forward again to talk. His manner was loud, harsh, and impudent. He had the usual words concerning the earth being his mother, and the wrong that was done to attempt to separate the Indians from the land which was theirs by inheritance, and that no decision should be arrived at till it be done in the right manner. He repeats what he had said at the other council about chieftainship—chieftainship of the earth—and that he wanted Mr. Monteith and me to tell the truth. I answer, "I don’t want to offend your religion, but you must talk about practicable things; twenty times over I hear that the earth is your mother and about chieftainship from the earth. I want to hear it no more, but come to business at once." The old man then began to speak about the land and became more impudent than ever, and said, "What the treaty Indians talk about was born of to-day; wasn’t true law for all. You white people get together and measure the earth and then divide it, so I want you to talk directly what you mean."

The agent, Monteith, said, "The law is, you must come to the reservation. The law is made in Washington; we don’t make it."

Other positive instructions are repeated. Too-schul-hul-sote answers, "We never have made any trade. Part of the Indians gave up their land; I never did. The earth is part of my body, and I never gave up the earth."

I answer, "You know very well that the government has set apart a reservation, and that the Indians must go on it. If an Indian becomes a citizen, he can have land like any other citizen outside, but he has to leave his tribe, like old Timothy. The government has set apart this large reservation for you and your children, that you many live here in peace and prosper."

The old man, in a surly way, asked, "What person pretended to divide the land and put me on it?"

I answered, with emphasis, "I am the man. I stand here for the President, and there is no spirit, good or bad, that will hinder me. My orders are plain, and will be executed. I hoped the Indians had good sense enough to make me their friend and not their enemy."

Looking Glass, a malcontent from near Kamiah, was spoken to, and answers with evasion, and in no good spirit, and indorses the old man. White Bird, in a milder manner, said he agreed with Too-schul-hul-sote. He said if he had been taught from early years to be governed by the whites, then he would be governed by the whites. "The earth sustains me." I then turned to the old man, whom they mean to keep at it, and say, "Then you do not propose to comply with the orders?" He answers, "So long as the earth keeps me, I want to be left alone; you are trifling with the law of the earth." I reply, "Our old friend does not seem to understand that the question is, will the Indians come peaceably on the reservation, or do they want me to put them there by force?"

He then declares again, "I never gave the Indians authority to give away my land." I asked, "Do you speak for yourself?" He answered fiercely, "The Indians may do what they like, but I am NOT going on the reservation." Speaking as sternly as I could, I said:

"That bad advice is what you give the Indians; on account of it you will have to be taken to the Indian Territory. Joseph and White Bird seem to have good hearts, but yours is bad; I will send you there if it takes years and years. When I heard you were coming, I feared you would make trouble; you say you are not a medicine man, but you talk for them. The Indians can see no good while you are along; you advise them to resist, to lose all their horses and cattle, and have unending trouble. Will Joseph and White Bird and Looking Glass go with me to look after the land? The old man shall not go; he must stay with Captain Perry." The Old Dreamer says: "Do you want to scare me with reference to my body?" I then said I would leave his body with Captain Perry, and called for the captain to take him out of the council. He was led out accordingly, and kept away till the council broke up.

After this the Indians talked in a different spirit, readily agreeing to go with us the next day, first to inspect the valley of the Lapwai, and afterward other portions of the reservation where small farms could be set apart for the Indians’ cultivation and where there would be sufficient wood, water, and grazing for their stock. That night the old malcontent was given a bed in the guard-house, with orders that he remain until all matters were settled.

LOOKING FOR LOCATIONS—THE LAPWAI.

Tuesday the 8th it was raining quite hard in the morning early, but cleared up before ten. The Indian agent not appearing, Lieutenant Wilkinson, aid-de-camp, and myself, with two cavalrymen, rode out to the Indian camp; about a mile from the garrison we were joined by Joseph, White Bird, and Looking Glass. We then secured a half-breed interpreter, J. Roboses, at the first house up the valley, Jonah, the treaty subchief, joining us at his own house near the mouth of the Sweetwater Creek. The party then proceeded up the valley of the Lapwai. The well-cultivated farms of some of the treaty Indians; the 640 acres of the best land stretched along the valley, kept by a white man, Mr. Finney, and family; the 75 acres, Mr. Caldwell’s, with elegant improvements, including an excellent house and barn; these seem to please the Indians exceedingly. I said to Joseph that I understood that he preferred a canvas house. He replied, "When I come on the reservation I want a good frame house." He looked through Mr. Caldwell’s house with great interest when we stopped there, and were kindly received by the ladies of Mr. Caldwell’s family.

From Caldwell’s we went over the grazing lands, past the extensive upland agency farm, and back to the fort. The Indians begged of me to set "our old man" free from the guard-house. They said they would make him good. I permitted them to have an interview with him, but declined to free him then.

The agent had followed me over the same route during the day. That evening Captain Perry and myself visited the agency, where we agreed to start with Looking Glass and White Bird to visit Kamiah, and the lands above, on the Clearwater, as it was understood Joseph and his people would have the Lapwai Valley, and White Bird and his people would go in the vicinity of Kamiah.

LOCATIONS—KAMIAH.

The next morning, Wednesday, the 9th, we leave the garrison at 5:30 a.m., having a small escort (six cavalrymen) and two pack-mules. The day was bright and almost cloudless; the country was in its best condition; grass land and trees fresh and green; the way was over the foot-hills, the Craig Mountains, and the extensive prairie lands on eastward to the valley of the Clearwater, a stretch of between 60 and 70 miles. We made the journey on horseback, before sundown, experiencing considerable fatigue, but happy and successful in the influence we were able to exert over the Indians who accompanied us. White Bird and Looking Glass ever afterward facilitated our work as much as they could.

As we looked this evening from the crest down the three-mile steep into the valley of the Clearwater, where the valley is enlarged into an extensive basin by the influx of the Kamiah Creek, we beheld the best of evidence of Indian civilization in the numerous farms on both sides of the river and along the creek, dotted with real houses, and well fenced and planted.

That night we stopped at Mr. Fee’s boarding-school. Here is a church, a nice boarding-school, a class of teachers taught under Miss McBeth’s instructions, a saw and grist mill and a few other buildings belonging to the subagency.

The Kamiah Indians are well dressed and well behaved. The results so marked are the evident fruits of the teaching referred to, the good management of the agent, and the clean separation from the influence of bad white men. Here there are plenty of spare farms still.

LOCATIONS—THE CLEARWATER.

The next morning, Thursday, the 10th, accompanied by the agent, the Indians and the rest of our party of the day before, we recrossed the Clearwater and went up its hilly banks (hills often properly mountains) for 16 or 18 miles, we found a country abundant in wood, water, and grass, with plenty of land susceptible of cultivation, some of it already fenced in patches. Here Looking Glass encouraged White Bird to select a home for himself and his people. We left the Indians and returned for a general meeting of the treaty Indians at Kamiah. The agent and I agreed that these civilized Christian Indians, already well started in practical civilization, would exert just the lever of influence necessary upon the wild ones now to come in.

Friday and part of Saturday (May 11 and 12) brought us back to the fort (Lapwai), the Indians rejoining us at our half-way camp the evening of the 11th.

We found Captain Trimble’s company, First Cavalry, at the fort on our return, with a small detachment at Lewiston. Believing that the Indians had fully made up their minds to comply with orders, I ordered the detachment forward to Lapwai for convenience of supply and to strengthen the show of force on the ground.

NEWS FROM WALLOWA.

Sunday, the 13th, I met the treaty Indians at the agency, by appointment, and participated in their religious service. While here a dispatch dated May 12 was forwarded to me from Captain Whipple, showing that with the worst roads he had been able to get into position about 40 miles from Lewiston, where the trail crosses the Grande Ronde.

Sergeant Coffey (?), First Cavalry, with a citizen for guide, had swam the Grande Ronde with their horses. It was with much peril, for the river is here wide, full, and torrent-like, with water very cold. Joseph’s outside camp being near this crossing, word came speedily from his Indians of the presence of this force, so that he sought Lieutenant Wilkinson immediately for protection and passes against it. Thus the desired effect was evidently gained.

Monday, the 14th, we spent among the Catholic Indians . . .

FINAL COUNCIL.

Tuesday, the 15th, all parties come together at the fort for final adjustment. Agent Monteith and myself explain to the Indians where their several bands are to go. White Bird’s to vicinity of Kamiah; Joseph’s and Ha-sotim’s upon the Lapwai and the Sweetwater; and Hush-hush-cute’s on the Clearwater itself, above the agency buildings. I gave to White Bird a paper of date may 15, 1877, as follows:

"White Bird to-day has agreed to come on the Nez Percés reservation, and I believe he means to keep his word, and do right; do the best he can for himself and his people. Wherever he appears with proper pass from the agent of the reservation and with good behavior he should be treated with kindness.

O. O. HOWARD,

"Brigadier-General United States Army, Commanding Department."

He accepted this paper with the approval of his people present, with the understanding that he should have thirty days to gather in his people and stock. White Bird heard the petition of citizens . . . and marked B and replied substantially that when the white men sold the Indians whisky and drank it themselves, they both acted with folly. He had advised his people against it, but some of them it was impossible for him to control, and he might not be able to make them come to Kamiah. He was told that he must call on Captain Perry for help, when he had done his best.

When Joseph’s paper, of similar import, was offered him, he said that he had decided to go above Kamiah, on the Clearwater, for he wished to be with his friends. After a moment’s consultation, the agent and myself said yes. For the arrangement relieved us of any arbitrary decision regarding Finney’s and Caldwell’s claim to lands, which would necessarily be absorbed by our first arrangement.

After a little talking by Hush-hush-cute that indicated to us that he might be a little slippery, we concluded that the agent should hold his "paper," and give him a little more time, as we had not visited his grounds. We agreed upon thirty-five days with permission to leave a few men with a pass to watch to growing crops (off the reserve below Lewiston) and to send enough more in time to harvest.

Of date May 3, the Indian agent wrote me a formal request for aid to assist him in the removal of Joseph’s and other roving bands of Nez Percés Indians to, and locate them upon, the proper lands within the boundaries of the Nez Percés reservation, by the use of such troops as I might deem necessary.

Having now secured the object named, by persuasion, constraint, and such a gradual encircling of the Indians by troops as to render resistance evidently futile, I thought my own instructions fulfilled. . . .