CHAPTER XXIX

THE WALLA WALLA COUNCIL

The Nez Perces, the first to arrive, came the next day, May 24, 2500 strong. Hearing of their approach, the commissioners drew up their little party on a knoll commanding a fine view of the unbroken level of the valley. The standard of the Nez Perces, the large American flag given them by the officers engaged in the Cuyuse war, was sent forward and planted on the knoll. Soon their cavalcade came in sight, a thousand warriors mounted on fine horses and riding at a gallop, two abreast, naked to the breech-clout, their faces covered with white, red, and yellow paint in fanciful designs, and decked with plumes and feathers and trinkets fluttering in the sunshine. The ponies were even more gaudily arrayed, many of them selected for their singular color and markings, and many painted in vivid colors contrasting with their natural skins,--crimson slashed in broad stripes across white, yellow or white against black or bay; and with their free and wild action, the thin buffalo line tied around the lower jaw,--the only bridle, almost invisible,--the naked riders, seated as though grown to their backs, presented the very picture of the fabled centaurs. Halting and forming a long line across the prairie, they again advanced at a gallop still nearer, then halted, while the head chief, Lawyer, and two other chiefs rode slowly forward to the knoll, dismounted and shook hands with the commissioners, and then took post in rear of them. The other chiefs, twenty-five in number, then rode forward, and went through the same ceremony. Then came charging on at full gallop in single file the cavalcade of braves, breaking successively from one flank of the line, firing their guns, brandishing their shields, beating their drums, and yelling their war-whoops, and dashed in a wide circle around the little party on the knoll, now charging up as though to overwhelm it, now wheeling back, redoubling their wild action and fierce yells in frenzied excitement. At length they also dismounted, and took their stations in rear of the chiefs. Then a number of young braves, forming a ring, while others beat their drums, entertained the commissioners with their dances, after which the Indians remounted and filed off to the place designated for their camp. This was on a small stream, flowing parallel to Mill Creek, on the same side with and over half a mile from the council camp. The chiefs accompanied the governor to his tent and arbor, smoked the pipe of peace, and had an informal talk.

Hal-hal-tlos-sot or the Lawyer, the head chief of the Nez Perces, was an Indian Solon in his efforts to improve the condition of his people. Without any advantages of birth or wealth, he made himself the first in his tribe, while yet in middle life, by his unrivaled wisdom and force of character. His first acts were directed against gambling, which was indulged in to great excess, and against polygamy. Finding, however, that his influence as head chief was insufficient to carry out his plans for the improvement of his people, he reorganized the government of the tribe, appointed an additional number of chiefs from the young men, and, having thus increased and strengthened his influence, was enabled to accomplish his reforms. He early perceived that the growing power of the whites, which threatened to swallow up all before it, could not be resisted by force, and in consequence all his efforts were directed to inducing the Indians to adopt the customs and civilization of the whites, and to preserving the unbroken friendship between the two races. From the effects of the wound received at the battle of Pierre's Hole he was still suffering, and his right arm had been twice broken in a fight with a grizzly bear. Wise, enlightened, and magnanimous, the head chief, yet one of the poorest of his tribe, he stood head and shoulders above the other chiefs, whether in intellect, nobility of soul, or influence.

Provisions were issued to the Nez Perces, and some petty tribes which had come in, at the rate of one and a half pounds of beef, two pounds of potatoes, and one half a pound of corn to each person.

The Cuyuses, Walla Wallas, and Umatillas next arrived, and went into camp without any parade or salutations on a stream on the other side of Mill Creek, and over a mile distant from the camp of the whites, from which the intervening fringes of trees completely hid them. The head chief of the Walla Wallas and Umatillas was Pu-pu-mox-mox or the Yellow Serpent, who held despotic sway over his own people, and great influence with neighboring tribes. He owned thousands of horses and cattle, and had amassed a large sum in specie, from trade with settlers and emigrants. Some years before one of his sons, a youth of promise, was murdered by a miner in California, and although he had always been on friendly terms with the whites, not even allowing his people to take part in the Cuyuse war, it was believed that the outrage rankled in his heart. He was well advanced in years, and somewhat childish and capricious in small things, but his form was as erect, his mind as firm, and his authority as unimpaired as ever.

The day after their arrival many of the Nez Perce chiefs came to see the commissioners, and after much friendly conversation were invited to dine. Governor Stevens and General Palmer presided at opposite ends of the long table, at which were seated some thirty chiefs, and, having heard of the enormous appetites of the Indians, piled the tin plates, as they were presented, to the brim. Again and again were the plates passed up for a fresh supply; the chiefs feasted and gorged like famished wolves; and the arms of the hosts became so wearied from carving and dispensing the food that they were glad to resign the posts of honor to a couple of stalwart packers. The table for the chiefs was kept up during the council, and every day was well attended, but it was not again graced by the presence of the commissioners.

During the morning an express was received from the Yellow Serpent. He sent word that the Cuyuses, Walla Wallas, and Yakimas would accept no provisions from the commissioners, but would bring their own, and proposed that the Young Chief, Lawyer, Kam-i-ah-kan, and himself, the head chiefs of the Cuyuses, Nez Perces, Yakimas, and Walla Wallas respectively, should do all the talking for the Indians at the council. The messenger would accept no tobacco for the chief, a very unfriendly sign, and muttered as he rode off, loud enough to be overheard by the interpreter, "You will find out by and by why we won't take provisions."

Every effort was made by the other Indians to induce the Nez Perces to refuse provisions, but without avail. The latter took great pride in their unwavering friendship to the whites, and were fond of contrasting their course with that of the Cuyuses. Considerable jealousy sprung up between them in consequence.

Two of the priests, Fathers Chirouse, of the Walla Walla, and Pandosy, of the Yakima Mission, arrived for the purpose of attending the council. They reported that these Indians were generally well disposed towards the whites, with the exception of Kam-i-ah-kan. The latter said, referring to the proposed council: "If the governor speaks hard, I will speak hard, too." Other Indians had said, "Kam-i-ah-kan will come with his young men with powder and ball." They were opposed to selling their lands; and when Secretary Doty visited and invited them to attend the council, Kam-i-ah-kan refused the presents offered him, saying that he "had never accepted anything from the whites, not even to the value of a grain of wheat, without paying for it, and that he did not wish to purchase the presents." He was a man of fine presence and bearing, over six feet in height, well built and athletic. Governor Stevens said of him: "He is a peculiar man, reminding me of the panther and the grizzly bear. His countenance has an extraordinary play, one moment in frowns, the next in smiles, flashing with light and black as Erebus the same instant. His pantomime is great, and his gesticulation much and characteristic. He talks mostly in his face, and with his hands and arms."

Reports were flying about that these tribes had combined to resist a treaty, and fears were expressed that an attempt to open the council would be the signal for an outbreak.

The following day a body of four hundred mounted Indians, supposed to be Cuyuses and Walla Wallas, were observed approaching, armed and in full gala dress, and uttering their war-whoops like so many demons, and, after riding three times around the Nez Perce camp, they departed. Soon after the Young Chief, accompanied by his principal chiefs, rode into camp, and, being invited to dismount, did so with evident reluctance, and shook hands in a very cold manner. They refused to smoke, and remained but a short time. "The haughty carriage of these chiefs," remarks Governor Stevens in his journal, "and their manly character have, for the first time in my Indian experience, realized the descriptions of the writers of fiction."

Garry, the head chief of the Spokanes, came, not to take part in the council, but as a spectator. When a boy he had been sent to the Red River settlements in Manitoba by Sir George Simpson, then governor of the Hudson Bay Company, where he acquired a common-school, English education. It being impracticable to assemble so distant and widely scattered a tribe as the Spokanes in time for this council, Governor Stevens designed making a separate treaty with them later in the season on his return from the Missouri.

Father Menetrey, from the Catholic mission among the Pend Oreilles, also arrived to attend the council,--a cultivated man, who spoke English fluently.

A messenger sent to invite the Palouses returned accompanied by only one of the chiefs, who reported that his people were indifferent to the matter, and would not come. A number of scattered and insignificant bands, who lived at different points on the Columbia, also arrived.

The following is from Governor Stevens's journal:--

May 27, Sunday. There was service in the Nez Perce camp and in the Nez Perce language, Timothy being the preacher. The commissioners attended. The sermon was on the Ten Commandments. Timothy has a natural and graceful delivery, and his words were repeated by a prompter. The Nez Perces have evidently profited much from the labor of Mr. Spalding, who was with them ten years, and their whole deportment throughout the service was devout.

The next day agent Bolon, with an interpreter, was sent to meet the Yakimas, who were thought to be near at hand. He soon returned, having met Kam-i-ah-kan and also the Yellow Serpent. The latter said to Mr. Bolon that he was very sorry to hear that the chiefs and others in the commissioners' camp had said that he was unfriendly to the whites,--that his heart was with the Cuyuses, whose hearts were bad. He had always been friendly to the whites, and was so now, and he would go to-day to see the commissioners, and ask why such things had been said of him. Accordingly, soon after Bolon's return, Pu-pu-mox-mox, Kam-i-ah-kan, Ow-hi, and Skloom, the two latter being chiefs of the Yakimas, accompanied by a number of their braves, rode into camp. Dismounting, they shook hands in the most friendly manner, and seating themselves under the arbor indulged in a smoke, using their own tobacco exclusively, although other was offered them.

Governor Stevens addressed them, saying that he had important business to lay before them, and proposed to open the council the next day at noon. The Yellow Serpent replied that he wanted more than one interpreter at the council, that they might know they translated truly. Being assured on this point, and invited to designate an interpreter in whom he had confidence, he said, in a scornful manner, "I do not wish my boys running around the camp of the whites like these young men," alluding to some young Nez Perces present and feeling quite at home. He added that he had only ridden over to-day to see the commissioners, and soon withdrew with his party.

In the morning the commissioners and Secretary Doty visited the Lawyer at his lodge, as, his wound having broken out afresh, he was unable to walk without great pain and difficulty. He exhibited and explained a map of his country, which he had drawn at Governor Stevens's request. During the conference several chiefs came in, and suddenly one of them, U-u-san-male-e-can or Spotted Eagle, said:--

"The Cuyuses want us to go to their camp and hold a council with them and Pu-pu-mox-mox. What are their hearts to us? Did we propose to hold a council with them, or ask them for advice? Our hearts are Nez Perce hearts, and we know them. We came here to hold a great council with the great chiefs of the Americans, and we know the straightforward path to pursue, and are alone responsible for our actions. Three Cuyuses came last night and spoke to me and two other chiefs, urging us to come to a council at the Cuyuse camp to meet Pu-pu-mox-mox and Kam-i-ah-kan. We did not wish to go. They insisted. Then I said to them, 'You had best say no more. My mind is made up. Why do you come here and ask three chiefs to come to a council, while to the head chief and the rest you say nothing? Have we not told your messenger yesterday that our hearts are not Cuyuse hearts? Go home! Our chiefs will not go. We have our own people to take care of; they give us trouble enough, and we will not have the Cuyuse troubles on our hands.'"

The Lawyer then opened a book containing in their own language the advice left them by their former head chief, Ellis, and read as follows:--

"Whenever the great chief of the Americans shall come into your country to give you laws, accept them. A Walla Walla heart is a Walla Walla, a Cuyuse heart is a Cuyuse, so is a Yakima heart a Yakima, but a Nez Perce heart is a Nez Perce heart. While the Nez Perces are going straight, why should they turn aside to follow others? Ellis's advice is to accept the white law. I have read it to you to show my heart."

The speech of U-u-san-male-e-can afforded new evidence that the Cuyuses were plotting underhand, although but little could be learned as to the nature of their designs.

At two P.M., on May 29, 1855, the council was formally opened by Governor Stevens. Under the roomy arbor in front of the tent were seated the commissioners, secretaries who kept the records, interpreters, and Indian agents, while the Indians were seated on the ground in front in semicircular rows forty deep, one behind another. Timothy, the chief and preacher, concerning whom Governor Stevens said, "He and others are very devout, and seem to form a theocracy in the tribe, and, like the old New England fathers, to require every one to worship God in some visible way,"--this Timothy, assisted by several of the young men, who were very tolerable penmen, kept the records of the council for the Nez Perces. They were accommodated with a table under the arbor, where everything could be seen and heard. Some two thousand Indians were present, fully half of whom were Nez Perces. The pipe having been smoked with due solemnity, two interpreters were appointed and sworn for each tribe, some preliminary remarks were made, and the council was adjourned until ten o'clock the next morning. Before adjourning Governor Stevens renewed the offer of provisions to the recusant Indians, proposing that each tribe should take two oxen to its own camp and slaughter for themselves.

Young Chief: "We have plenty of cattle. They are close to our camp. We have already killed three, and have plenty of provisions."

General Palmer to the interpreter: "Say to the Yakimas, 'You have come a long way. You may not have provisions. If you want any, we have them, and you are welcome.'"

Young Chief: "Kam-i-ah-kan is supplied at our camp."

The Yellow Serpent and Kam-i-ah-kan dined with the commissioners, and remained in their tent for a long time, smoking in a friendly manner, but the Young Chief declined the invitation to dine.

The two following days Governor Stevens explained the proposed treaties at length, item by item. There were to be two reservations,--one in the Nez Perce country of three million acres, on the north side of Snake River, embracing both the Kooskooskia and Salmon rivers, including a large extent of good arable land, with fine fisheries, root grounds, timber and mill-sites, and was for the accommodation of the Cuyuses, Walla Wallas, Umatillas, and Spokanes, as well as the Nez Perces. The other embraced a large and fertile tract on the upper waters of the Yakima, and was for the Yakimas, Klikitats, Palouses, and kindred bands. The reservations were to belong to the Indians, and no white man should come upon them without their consent. An agent, with school-teachers, mechanics, and farmers, would take charge of each reservation, and instruct them in agriculture, trades, etc.; grist and saw mills were to be built; the head chiefs were to receive an annuity of five hundred dollars each, in order that they might devote their whole time to their people; and annuities in clothing, tools, and useful articles were to be given for twenty years, after which they were to be self-supporting. At first the reservations were to be used in common, but provision was made for the survey and subdivision of the land, and its allotment to the Indians in severalty as soon as they should be prepared to receive and utilize it. As it was evidently impracticable to make so radical a change in their habits suddenly, the Indians were to have the privilege of hunting, root-gathering, and pasturing stock on vacant land until appropriated by settlers, and the right of fishing. The advantages of the reservations were dwelt upon. They embraced some of the best land in the country, and were large enough to afford each family a farm to itself, besides grazing for all their stock; they contained good fisheries, abundance of roots and berries, and considerable game. They were near enough to the great roads for trade with the emigrants, yet far enough from them to be undisturbed by travelers. By having so many tribes on the same reservation, the agent could better look after them, and could accomplish more with the means at his disposal. The staple argument held out was the superior advantages of civilization, and the absolute necessity of their adopting the habits and mode of life of the white man in order to escape extinction. Governor Stevens also exhorted them to treat, for the sake of the example upon their inveterate enemies, the Blackfeet, that thereby they would prove themselves firm friends of the whites, and that he would then take delegations from each tribe with his party and proceed to the Blackfoot country, and make a lasting treaty of peace, so that they could ever after hunt the buffalo in safety, and trade horses with the Indians east of the Rocky Mountains. The Indians listened gravely and in silence, as these matters were slowly unfolded to them, sentence by sentence through the interpreters, for five or six hours each day, and upon the adjournment of the council, quietly dispersed to their lodges. The third day the Young Chief for the first time dined at Governor Stevens's table with the other head chiefs, and General Palmer and the gentlemen of the party; and in the evening he sent word that his young men were tired of such close confinement as they had undergone at the council, and desired to have a feast and holiday to-morrow, and he requested that no council be held until the day after (Saturday). The commissioners cheerfully acceded to his request, well pleased at these signs of mollifying the opposition of the haughty savage.

There were now assembled on the ground between five and six thousand Indians. Says Colonel Kip: "About five thousand Indians, including squaws and children. Their encampment and lodges are scattered over the valley for more than a mile, presenting a wild and fantastic appearance."

Every afternoon, after the council adjourned for the day, horse-races and foot-races were held at the Nez Perce camp, attended by the sporting bloods of the other tribes, and witnessed by many of the whites. The usual course was a long one,--some two miles out and back, making four miles. Oftentimes thirty horses would start together in a grand sweepstakes; the riders and betters would throw into one common pile the articles put up as stakes,--blankets, leggings, horse equipments, and whatever was bet, and the winner would take the whole pile. The foot-races were equally long, and the runners would be escorted in their course by a crowd of mounted Indians, galloping behind and beside them so closely that the exhausted ones could hardly stop without being run down. The riders and runners were invariably stripped to the breech-cloth, and presented many fine, manly forms, perfect Apollos in bronze.

Everything was very quiet about the council ground the day begged for a holiday by the Young Chief, the Indians remaining at their own camps. But the next day, Saturday, June 2, they reassembled as usual; and after several hours had been spent in further explaining the provisions of the treaties, Governor Stevens called them to speak freely, saying, "We want you to open your hearts to us," etc.

Hitherto the Indians had listened in grave silence, but now the opponents of the treaties took the lead in the discussion. The Yellow Serpent, in a speech marked by strength and sarcasm, uttered the prevailing reluctance to part with their lands, and their dread and distrust of the whites:--

"We have listened to all you have to say, and we desire you to listen when any Indian speaks. It appears that Craig knows the heart of his people; that the whole has been prearranged in the hearts of the Indians; that he wants an answer immediately, without giving them time to think; that the Indians have had nothing to say, so that it would appear that we have no chief. I know the value of your speech from having experienced the same in California, having seen treaties there. We have not seen in a true light the object of your speeches, as if there was a post set between us, as if my heart wept for what you have said. Look at yourselves: your flesh is white; mine is different, mine looks poor; our languages are different. If you would speak straight, then I would think that you spoke well.

"Should I speak to you of things that happened long ago, as you have done? The whites made me do what they pleased. They told me to do this, and I did it. They used to make our women to smoke. I supposed then they did what was right. When they told me to dance with all these nations that are here, then I danced. From that time, all the Indians became proud and called themselves chiefs.

"Now, how are we here as at a post? From what you have said, I think that you intend to win our country, or how is it to be? In one day the Americans become as numerous as the grass. This I learned in California. I know it is not right; you have spoken in a roundabout way. Speak straight. I have ears to hear you, and here is my heart. Suppose you show me goods, shall I run up and take them? That is the way with all us Indians as you know us. Goods and the earth are not equal. Goods are for using on the earth. I do not know where they have given lands for goods.

"We require time to think quietly, slowly. You have spoken in a manner partly tending to evil. Speak plain to us. I am a poor Indian. Show me charity. If there was a chief among the Nez Perces or Cuyuses, if they saw evil done they would put a stop to it, and all would be quiet. Such chiefs I hope Governor Stevens and General Palmer have. I should feel very much ashamed if the Americans did anything wrong. I had but a little to say, that is all. I do not wish a reply to-day. Think over what I have said."

After a stinging rebuke administered by Camospelo, a Cuyuse chief, to some of his young men who had behaved in a surly manner, talking and walking about during the proceedings, the council was adjourned until Monday.

This speech of the Yellow Serpent is marked in every sentence by his bitter distrust of the whites. He intimates, almost asserts, that the commissioners are trying to deceive and overreach the Indians, and with biting irony declares that he would feel very much ashamed if the Americans did anything wrong.

Late that evening the Lawyer came unattended to see Governor Stevens. He disclosed a conspiracy on the part of the Cuyuses to suddenly rise upon and massacre all the whites on the council ground,--that this measure, deliberated in nightly conferences for some time, had at length been determined upon in full council of the tribe the day before, which the Young Chief had requested for a holiday; they were now only awaiting the assent of the Yakimas and Walla Wallas to strike the blow; and that these latter had actually joined, or were on the point of joining, the Cuyuses in a war of extermination against the whites, for which the massacre of the governor and his party was to be the signal. They had conducted these plottings with the greatest secrecy, not trusting the Nez Perces; and the Lawyer, suspecting that all was not right, had discovered the plot by means of a spy with the greatest difficulty, and only just in time to avert the catastrophe.

The Lawyer concluded by saying: "I will come with my family and pitch my lodge in the midst of your camp, that those Cuyuses may see that you and your party are under the protection of the head chief of the Nez Perces." He did so immediately, although it was now after midnight, and, without awakening the suspicions of any one, he caused it to be reported among the other Indians that the commissioners were under the protection of the Nez Perces.

Governor Stevens on his part imparted his knowledge of the conspiracy to Secretary Doty and Packmaster Higgins, and to them alone, for he feared that, should the party generally learn of it, a stampede would ensue. Having through these efficient officers quietly caused the men to put their arms in readiness, and posting night guards, he determined to continue the council as usual, hoping that the Cuyuses, foiled in their design, would finally conclude to treat.

On Monday the governor opened the council by inviting the Indians to speak their minds freely, and, no one responding, finally called on the Lawyer. He expressed himself in terms favorable to the treaty, and was followed by several of his chiefs in a similar strain. Kam-i-ah-kan, on the other hand, avowed his distrust of the whites, and alluded in a contemptuous manner to the speeches of the Lawyer and the others:--

"I have something different to say from what the others have said. They are young men who have spoken as they have spoken. I have been afraid of the white man. His doings are different from ours. Perhaps you have spoken straight that your children will do what is right. Let them do as they have promised."

The Yellow Serpent said with bitter irony, "I do not wish to speak. I leave it to the old men."

Steachus, the only chief of the Cuyuses reported to be well disposed, commended the speech of the Lawyer, and exhorted all present to speak their minds freely.

But the most impressive speech by far was that of Tip-pee-il-lan-oh-cow-pook, the Eagle-from-the-Light, a pathetic and touching speech:--

"You are now come to join together the white man and the red man. And why should I hide anything? I am going now to tell you a tale. I like the President's talk. I am glad of it when I hear it here, and for that reason I am going to tell you a tale.

"The time the whites first passed through this country, although the people of this country were blind, it was their heart to be friendly to them. Although they did not know what the white people said to them, they answered Yes, as if they were blind. They traveled about with the white people as if they had been lost.

"I have been talked to by the French [Hudson Bay Company men] and by the Americans, and one says to me go this way, and the other says go another way, and that is the reason I am lost between them.

"A long time ago they hung my brother for no offense, and this I say to my brother here, that he may think of it. Afterwards came Spalding and Whitman. They advised us well, and taught us well,--very well. It was from the same source,--the light [the east]. They had pity on us, and we were pitied, and Spalding sent my father to the east,--the States,--and he went. His body has never returned. He was sent to learn good counsel, and friendship and many things. This is another thing to think of. At the time, in this place here, when there was blood spilled on the ground, we were friends to the whites and they to us. At that time they found it out that we were friends to them. My chief, my own chief, said, 'I will try to settle all the bad matters with the whites,' and he started to look for counsel to straighten up matters, and there his body lies beyond here. He has never returned.

"At the time the Indians held a grand council at Fort Laramie, I was with the Flatheads, and I heard there would be a grand council this side next year. We were asked to go and find counsel, friendship, and good advice. Many of my people started, and died in the country,--died hunting what was right. There were a good many started; on Green River the smallpox killed all but one. They were going to find good counsel in the east, and here am I looking still for counsel, and to be taught what is best to be done.

"And now look at my people's bodies scattered everywhere, hunting for knowledge,--hunting for some one to teach them to go straight. And now I show it to you, and I want you to think of it. I am of a poor people. A preacher came to us, Mr. Spalding. He talked to us to learn, and from that he turned to be a trader, as though there were two in one, one a preacher and the other a trader. He made a farm and raised grain and bought our stock, as though there were two in one, one a preacher, the other a trader. And now one from the east has spoken, and I have heard it, and I do not wish another preacher to come, and be both trader and preacher in one. A piece of ground for a preacher big enough for his own use is all that is necessary for him.

"Look at that; it is the tale I had to tell you, and now I am going to hunt friendship and good advice. We will come straight here,--slowly perhaps, but we will come straight."

The next two days Governor Stevens continued, explaining the treaties still further. A large map was brought forth, and the boundaries of the reservations accurately marked out and shown. The Indians took great interest in this map, asking many questions about the mountains and streams they saw represented upon it, and in some instances adding streams which were not laid down.

Superintendent Palmer spoke for some time, going over the same ground as Governor Stevens. After he had concluded, Steachus, the friendly Cuyuse, arose and said:--

"My friends, I wish to show you my heart. If your mother were in this country, gave you birth and suckled you, and, while you were suckling, some person came and took away your mother and left you alone and sold your mother, how would you feel then? This is our mother,--this country,--as if we drew our living from her. My friends, all of this you have taken. Had I two rivers, I would leave the one, and be content to live on the other. I name the place for myself, the Grande Ronde, the Touchet towards the mountains, and the Tucañon."

Thus even Steachus, the most friendly of the Cuyuses, was the first to express his dissatisfaction with a treaty which left him none of his own country, and to request a reservation within its borders. The Indians were slow to speak; they required time to make up their minds, and the council was therefore adjourned.

About midnight the governor and his little son were awakened by Lawyer, who shook the tent and said, in a low, soft voice, without a trace of hurry or excitement, "Water come now." On springing out of bed, they splashed knee-deep in water flooding the tent, and were forced to make a hasty flight to higher ground. The creek had risen suddenly without warning, probably from a waterspout or heavy rains in the mountains. The following day it subsided again as rapidly as it rose.

When the council met the next day, Lawyer spoke first, and expressed the assent of himself and his people to the treaty. A great part of his speech was addressed to the Indians. He traced the increase of the whites from the discovery of the New World by Columbus; alluded in a touching manner to the way in which the Indians had passed and were passing away; and urged his auditors, as their only refuge, to place themselves under the protection of the Great Father in Washington.

When Lawyer concluded, the Young Chief, the haughty Cuyuse, was the first to break the silence:--

"He would not sell his country. He heard what the earth said. The earth said, 'God has placed me here to take care of the Indian, to produce roots for him, and grass for his horses and cattle.' The water spoke the same way. God has forbidden the Indian to sell his country except for a fair price, and he did not understand the treaty."

Five Crows, the Yellow Serpent, Ow-hi, and several other chiefs followed in similar strain. The Yellow Serpent proposed that another council should be held at some future time. He insisted that the whites should not be allowed to come into his country to settle. He complained that the Indians were treated like children, were not consulted in drawing up the terms of the treaties, etc.

Kam-i-ah-kan refused to speak, although several times urged to do so. His invariable reply was, "I have nothing to say."

The commissioners replied, explaining those parts of the treaties which the Indians did not understand, and answering their objections. The discussion on the part of the Indians was captious, stormy, and unsatisfactory. Governor Stevens in pointed words, well calculated to touch their pride, urged the recusant and evasive chiefs to speak plainly:--

"My brother and myself have talked straight. Have all of you talked straight? Lawyer has, and his people here, and their business will be done to-morrow.

"The Young Chief says he is blind, and does not understand. What is it that he wants? Steachus says that his heart is in one of three places, the Grande Ronde, the Touchet, and the Tucañon. Where is the heart of Young Chief?

"Pu-pu-mox-mox (the Yellow Serpent) cannot be wafted off like a feather. Does he prefer the Yakima reservation to that of the Nez Perces? We have asked him before. We ask him now. Where is his heart?

"And Kam-i-ah-kan, the great chief of the Yakimas, he has not spoken at all. His people have had no voice here to-day. He is not ashamed to speak. He is not afraid to speak. Then speak out!

"But Ow-hi is afraid lest God be angry at his selling his land. Ow-hi, my brother, I do not think that God will be angry if you do your best for yourself and your children. Ask yourself this question to-night: 'Will not God be angry with me if I neglect this opportunity to do them good?' Ow-hi says his people are not here. Why did he promise to come here, then, to hear our talk? I do not want to be ashamed of Ow-hi. We expect him to speak straight out. We expect to hear from Kam-i-ah-kan, from Skloom."

At length Five Crows proposed an adjournment. "Listen to me, you chiefs. We have been as one people with the Nez Perces hitherto. This day we are divided. We, the Cuyuses, the Walla Wallas, and Kam-i-ah-kan's people and others will think over the matter to-night, and give you an answer to-morrow."

The feature of the treaties which met with the greatest opposition was the provision that the Cuyuses, Walla Wallas, and Umatillas should relinquish the whole of their own lands, and remove to a reservation in the Nez Perce country. The commissioners therefore decided to establish a separate reservation for these three tribes on the headwaters of the Umatilla, at the base of the Blue Mountains. Conferences were had with the recusant chiefs separately, the proposition of a reservation in their own country was broached, and the whole ground of the treaties again gone over and fully discussed. Steachus expressed himself as highly pleased with the new arrangement, and, although the others gave less encouragement, the commissioners were hopeful that a successful result would soon be reached.

The change of reservations was brought forward in council the next day. The annuities of five hundred dollars for ten years to each of the head chiefs were extended to twenty years. The Yellow Serpent was given the privilege of establishing a trading-post for trade with the settlers and emigrants, and an annuity of one hundred dollars a year for twenty years was given his son. Young Chief and Yellow Serpent were the principal speakers, and in lengthy and rambling speeches gave their assent to the treaties. The latter, on declaring his acceptance, exclaimed, "Now you may send me provisions!" Kam-i-ah-kan was sullen, and refused his assent.

Some commotion was now observed among the Indians, and suddenly a small party of warriors were seen approaching, painted and armed, singing a war-song, and flourishing on the top of a pole a freshly taken scalp. It proved to be a party of Nez Perces, headed by Looking Glass, the war chief, just from the Blackfoot country, where they had been for three years hunting the buffalo. Looking Glass was old, irascible, and treacherous, yet second only to Lawyer in influence. While hunting the buffalo he had several fights with the Blackfeet. At one time seventy of his horses were stolen by them; but the vigorous old chief hotly pursued the depredators, killed two, put the rest to flight, and recovered his horses. He had reached the Bitter Root valley on his return home, when he heard that the Nez Perces were at a great council, and concluding a treaty without his presence. Leaving his party to follow more slowly, he pushed on with a few chosen braves, crossed the Bitter Root Mountains, where for some distance the snow was shoulder-deep on their horses, and, having ridden three hundred miles in seven days at the age of seventy, reached the council ground while Governor Stevens was urging Kam-i-ah-kan to give his assent to the treaty, for the governor, hearing the arrival of Looking Glass announced, seized the occasion to call upon the Yakima chief to sign the treaty in the name of Looking Glass, there being great friendship between these two. Scarcely had he concluded when Looking Glass, surrounded by his knot of warriors with the scalps tossing above them, rode up, excited and agitated, received his friends coldly, and finally broke forth into a most angry philippic against his tribe and the treaty:--

"My people, what have you done? While I was gone, you have sold my country. I have come home, and there is not left me a place on which to pitch my lodge. Go home to your lodges. I will talk to you."

The council was immediately adjourned. Governor Stevens consulted Lawyer, who was of opinion that Looking Glass would calm down in a day or two and accept the treaty. He said, however, that the latter's return would make it impossible to reduce the Nez Perce reservation, which, originally intended for the Cuyuses, Walla Wallas, and Umatillas, in addition to the Nez Perces, was larger than they alone required, and it was determined to make it a general reservation for other tribes, not exceeding in numbers those for whom it was at first designed.

In the evening Governor Stevens assembled the Yakima chiefs in his tent, and discussed the treaties with them until one o'clock in the morning. Kam-i-ah-kan was not present, but Skloom acted as the principal spokesman. The governor remarks in his journal, "Skloom was desirous that his land should first be surveyed."

The council of the following day, however, soon made it evident that Looking Glass had not yet calmed down. He declared himself the head chief of the tribes present; that the boys had spoken yesterday, but that he would speak to-day. He made many inquiries, raised many objections, and finally marked another line for the reservation, including nearly the whole of the Nez Perce territory. The Cuyuses seized the occasion to retract their assent to their treaty, and the Young Chief strenuously supported Looking Glass in his objections, and omitted no opportunity to assert his supremacy as head chief of the Nez Perces. At length Lawyer abruptly left the council in the midst of one of Looking Glass's philippics, and retired to his lodge. Governor Stevens refused to submit to the demands of the angry and grasping old chief, and adjourned the council until the following Monday.

After the adjournment the Yellow Serpent and Kam-i-ah-kan, who had at length yielded to the advice of the other chiefs, with all the chiefs and prominent men of the two tribes, came forward and signed their respective treaties. The former had remarked in the morning that his word was pledged, and that he should sign the treaty no matter what Looking Glass and the Nez Perces did. It was thought that his example had great weight with Kam-i-ah-kan.

Late in the evening Governor Stevens had an interview with Lawyer, who said:--

"Governor Stevens, you are my chief. You come from the President. He has spoken kind words to us, a poor people. We have listened to them, and have agreed to a treaty. We are bound by the agreement. When Looking Glass asked you, 'How long will the agent live with us?' you might have replied by asking the question, 'How long have you been head chief of the Nez Perces?' When he said, 'I, the head chief, have just got back; I will talk; the boys talked yesterday,' you might have replied, 'The Lawyer, and not you, is the head chief. The whole Nez Perce tribe have said in council Lawyer was the head chief. Your faith is pledged. You have agreed to the treaty. I call upon you to sign it.' Had this course been taken, the treaty would have been signed."

"In reply," says the governor, "I told the Lawyer that we considered all the talk of Looking Glass as the outpourings of an angry and excited old man, whose heart would become all right if left to himself for a time; that the Lawyer had left the council whilst in session, and without speaking. It was his business to have interfered in this way, had it been necessary. We considered the Lawyer's leaving as saying, 'Nothing more can be done to-day; it must be finished to-morrow.' Your authority will be sustained, and your people will be called upon to keep their word. You will be sustained. The Looking Glass will not be allowed to speak as head chief. You, and you alone, will be recognized. Should Looking Glass persist, the appeal will be made to your people. They must sign the treaty agreed to by them through you as head chief, or the council will be broken up and you will return home, your faith broken, your hopes of the future gone."

The council being adjourned, the Cuyuses and Nez Perces retired to their respective camps to hold councils by themselves, which lasted all night. The position of Looking Glass was determined by the latter to be second to Lawyer, who was reaffirmed head chief. The council was stormy, but the chiefs at length all agreed on a paper sent in by Lawyer, and read in council, which declared the faith of the tribe pledged to Governor Stevens, and that the treaty must be signed. "Those who would advise breaking their word were no better than the Cuyuses. Let them share the lot of the Cuyuses." The morning after this council being Sunday, Timothy preached a sermon for the times, and held up to the indignation of the tribe, and the retribution of the Almighty, those who would coalesce with the Cuyuses, and break the faith of the Nez Perces.

The governor had a conversation with Kam-i-ah-kan, who said:--

"Looking Glass, if left alone, will sign the treaty. Don't ask me to accept presents. I have never taken one from a white man. When the payments are made, I will take my share."

Steachus, the friendly Cuyuse chief, expressed his earnest desire that his tribe should sign the treaty, and both Pu-pu-mox-mox and Kam-i-ah-kan used their influence to induce them to accept it.

Early Monday morning Governor Stevens saw Lawyer, and said to him: "We are now ready to go into council. I shall call upon your people to keep their word, and upon you as head chief to sign first. We want no speeches. This will be the last day of the council. Call your people together as soon as possible." The Lawyer replied, "This is the right course," and immediately summoned his tribe. The closing scene of the council is best given in Governor Stevens's own words:--

"The Looking Glass took his seat in council in the very best humor. The Cuyuses and Nez Perces were all present. Kam-i-ah-kan sat down near the Young Chief. The council was opened by me in a brief speech: 'We meet for the last time. Your words are pledged to sign the treaty. The tribes have spoken through their head chiefs, Joseph, Red Wolf, the Eagle, Ip-se-male-e-con, all declaring Lawyer was the head chief. I call upon Lawyer to sign first.' Lawyer then signed the treaty. 'I now call upon Joseph and the Looking Glass.' Looking Glass signed, then Joseph. Then every chief and man of note, both Nez Perces and Cuyuses, signed their respective treaties.

"After the treaties were signed, I spoke briefly of the Blackfoot council, and asked each tribe to send delegations, the Nez Perces a hundred chiefs and braves, the whole under the head chief, or some chief of acknowledged authority, as Looking Glass. There was much talk on the subject on the part of the Indians. Looking Glass said he would have a talk with me alone some other time."

The council being completed, presents were made to all the assembled tribes, who began packing up and moving off. Eagle-from-the-Light, the Nez Perce chief, who was at first opposed to the treaty and refused to accept provisions, now presented a magnificent grizzly bear's skin, with the teeth and claws intact, to Governor Stevens with the following speech: "This skin is my medicine. It came with me every day to council. It tells me everything. It says what has been done is right. Had anything been done wrong, it would have spoken out. I have now no use for it. I give it to you that you may know my heart is right." Every day Eagle-from-the-Light had brought this skin to the council, and, placing it with the teeth and claws turned towards the commissioners, had used it as a seat, declining the roll of blankets offered him.

"Thus ended," says the journal, "in the most satisfactory manner, this great council, prolonged through so many days,--a council which--in the number of Indians assembled and the different tribes, old difficulties and troubles between them and the whites, a deep-seated dislike to and determination against giving up their lands, and the great importance, nay, absolute necessity, of opening this land by treaty to occupation by the whites, that bloodshed and the enormous expense of Indian wars might be avoided, and in its general influence and difficulty--has never been equaled by any council held with the Indian tribes of the United States.

"It was so considered by all present, and a final relief from the intense anxiety and vexation of the last month was especially grateful to all concerned."

The following day the Nez Perces celebrated the happy conclusion of the treaty, and the return of Looking Glass and his braves from the buffalo country, by a scalp-dance. The chiefs and braves, in full war-paint and adorned with all their savage finery, formed a large circle, standing several ranks deep. Within this arena a chosen body of warriors performed the war-dance, while the densely massed ranks of braves circled around them, keeping time in measured tread, and accompanying it with their wild and barbaric war-song. The ferocious and often hideous mien of these stalwart savages, their frenzied attitudes and shrill and startling yells, formed a subject worthy the pen of Dante and the pencil of Doré. The missionary still had work to do. Presently an old hag, the very picture of squalor and woe, burst into the circle, bearing aloft upon a pole one of the fresh scalps so recently taken by Looking Glass, and, dancing and jumping about with wild and extravagant action, heaped upon the poor relic of a fallen foe every mark of indignity and contempt. Shaking it aloft, she vociferously abused it; she beat it, she spat upon it, she bestrode the pole and rushed around the ring, trailing it in the dust, again and again; while the warriors, with grim satisfaction, kept up their measured tread, chanted their war-songs, and uttered if possible yet more ear-piercing yells. A softer and more pleasing scene succeeded. The old hag retired with her bedraggled trophy, and a long line of Indian maidens stepped within the circle, and, forming an inner rank, moved slowly round and round, chanting a mild and plaintive air. A number of the stylish young braves, real Indian beaux in the height of paint and feathers, next took post within the circle, near the rank of moving maidens, and each one, as the object of his adoration passed him, placed a gayly decorated token upon her shoulder. If she allowed it to remain, his affection was returned and he was accepted, but if she shook it off, he knew that he was a rejected suitor. Coquetry evidently is not confined to the civilized fair, for, without exception, the maidens, as if indignant at such public wooing, threw off the token with disdain, while every new victim of delusive hopes was greeted with shouts of laughter from the spectators.

The turning-point in the council was undoubtedly the discovery of the Cuyuse conspiracy by Lawyer, and his act of moving his lodge into Governor Stevens's camp, thereby placing the whites under the protection of the Nez Perces. This was all that prevented the hostile chiefs and braves from striking the blow. They refrained because they knew that if Lawyer was killed in an attack on the camp, which was to be expected in the mêlée, the whole Nez Perce nation would avenge his slaughter in their blood. The real extent and imminence of the danger was known to but few, but the fact of the plot was soon generally bruited about.

"Their design," says Colonel Kip, "was first to massacre the escort, which _could have been easily_ done. Fifty soldiers against three thousand Indian warriors, out on the open plains, made rather too great odds. We should have had time, like Lieutenant Grattan at Fort Laramie last season, to deliver one fire, and then the contest would have been over. Their next move was to surprise the post at the Dalles, as they could also have easily done, as most of the troops were withdrawn, and the Indians in the neighborhood had recently united with them. This would have been the beginning of their war of extermination against the settlers."

Foiled in their plot, why did they then so quickly agree to the treaties, which up to that time they had so bitterly spurned? All the circumstances and evidence go to show that, with the exception of Steachus, the friendly Cuyuse, they all--Young Chief, Five Crows, Pu-pu-mox-mox, Kam-i-ah-kan, and their sub-chiefs--all signed the treaties as a deliberate act of treachery, in order to lull the whites into fancied security, give time for Governor Stevens to depart to the distant Blackfoot country, where he would probably be "wiped out" by those truculent savages, and for the Nez Perces to return home, and also for completing their preparations for a widespread and simultaneous onslaught on all the settlements. Scarcely had they reached home from the council when they resumed such preparations, buying extra stores of ammunition, and sending emissaries to the Spokanes, Coeur d'Alenes, and even to some of the Nez Perces and to other tribes, to incite them to war, actually held a council of the disaffected at a point in the Palouse country the following month, and, within three months of accepting ostensibly the protection of the Great Father, precipitated the conflict. Agent Bolon and many white miners and settlers in the upper country were massacred, and settlements as widespread as Puget Sound and southern Oregon, six hundred miles apart, were attacked on the same day. In this conspiracy and contest Kam-i-ah-kan was the moving spirit, the organizer, the instigator, whose crafty wiles never slept, and whose stubborn resolution no disaster could break. But in the end, after protracted and stubborn resistance, they were defeated and compelled to move on their reservations, and live under the very treaties they so treacherously agreed to, and under which they still live and have greatly prospered.

Whether or not the Walla Walla council precipitated the outbreak, as has been claimed, it is certain that it confirmed the Nez Perces in their friendship, neutralized the Spokanes for two years, kept even some of the Cuyuses friendly all through the war, namely, Steachus and his band, extinguished the Indian title, and permanently settled the status of the Indian and his relation with the white man, without which peace was an impossibility. The outbreak itself could have been suppressed in a single season, had Governor Stevens's firm policy and sagacious views been sustained.

Over sixty thousand square miles were ceded by these treaties. The Nez Perce reservation contained five thousand square miles, including mountain and forest as well as good land, and provision was made for moving other tribes upon it. The payment for the Nez Perce lands comprised $200,000 in the usual annuities, and $60,000 for improving the reservation, saw and grist mills, schools, shops, teachers, farmers, mechanics, etc. Ardent spirits were excluded; the right to hunt, fish, gather roots and berries, and pasture stock on vacant land was secured, and provision was made for ultimately allotting the land in severalty. An annuity of $500 for twenty years was given the head chief, and a house was to be built for him, and ten acres of land fenced and broken up the first year. At the special request of the Indians, the claim and homestead of William Craig was confirmed to him, and was not to be considered part of the reservation, although within its boundaries.

Besides Lawyer and Looking Glass, fifty-six chiefs signed this treaty, and among them were Joseph (the father of the chief Joseph, who in 1877 fought the brilliant campaign against Generals Howard, Gibbon, and Miles, the only conflict that has ever occurred between the Nez Perces and the whites), James, Red Wolf, Timothy, Spotted Eagle, and Eagle-from-the-Light.

The Umatilla reservation contained eight hundred square miles. $100,000 to be given for annuities in goods, etc., for twenty years; $50,000 for improving the reservation; $10,000 for moving the emigrant road, which passed through it, around its borders; a sawmill, a flour-mill; two schoolhouses; a blacksmith's shop, a wagon and plough making shop, a carpenter and joiner shop; tools and equipments; and teachers, farmers, and mechanics to instruct them for twenty years,--were the very liberal payments for their lands. Moreover, the head chief of each tribe was to have his annuity of $500 for twenty years, a house built, and ten acres fenced and ploughed. Pu-pu-mox-mox, in addition, was to be allowed to maintain a trading-post at the mouth of the Yakima; his first year's salary was to be paid him on signing the treaty; he was also to receive three yoke of oxen, three yokes and four chains, a wagon, two ploughs, twelve axes, two shovels, twelve hoes, one saddle and bridle, a set of wagon harness and one of plough harness; and his son was to have an annuity of $100 for twenty years, and have a house built, and five acres of land ploughed and fenced.

The wily old chief had certainly gotten all he could.

The other provisions were similar to those of the Nez Perce treaty. It was signed by the three head chiefs and thirty-two sub-chiefs.

The Yakima treaty contained the same general provisions. A large reservation on the Simcoe, a southern branch of the Yakima, and a smaller one on the Wenatchee, including the fishery there, were set apart for them. The payments include $200,000 in annuities, $60,000 for improving the reservations, the annuity, house and field for the chief, etc. In all the treaties provision is made for finally dividing the land among the Indians in severalty.

Kam-i-ah-kan, Ow-hi, Skloom, and eleven other chiefs signed the treaty. The first three were able and persistent inciters of, and leaders in, the Indian war. Ow-hi is mentioned in "The Canoe and Saddle," by Theodore Winthrop, and met a tragic end, being slain while a prisoner trying to escape from the troops under Colonel George Wright.

After their exemplary punishment the Yakimas settled down on their reservation, and for many years were prosperous and contented under the charge of the faithful agent Wilbur. They number 2556, showing little diminution; have taken their lands in severalty; most of them wear civilized dress in whole or part; have 17,000 acres under cultivation; raise 50,000 bushels of grain, 9600 of vegetables, and 25,000 tons of hay.

The Spokanes number 3000. While some of the bands are backward, others have made encouraging progress, "are thrifty and industrious, have splendid farms, and raise large crops of grain and hay, ... are self-supporting, and, but for the intemperance of some of them, are making rapid strides towards civilization." The agent says of one band: "They accept no issues from the government, and are independent and self-supporting. They are peaceable in their own social relations, and courteous to their white brethren. They have made material progress, having good farms, fine horses, and many of them small herds of cattle."

The Coeur d'Alenes, numbering 506, are further advanced in civilization, and in better condition financially than any other tribe. They are well supplied with all kinds of farming implements, from a plough to a threshing-machine, of which latter they now have thirteen in operation, purchased by themselves with their own money.

The Nez Perces, the most progressive and deserving of all, seem to have fared the worst. Their reservation was early overrun by thousands of miners, and they were outrageously swindled by dishonest agents. They number only 1795, having diminished one half. But they have taken their lands in severalty; have 10,000 acres under cultivation, 100,000 acres under fence; raise 55,000 bushels of grain, 15,000 bushels of vegetables; own 30,000 horses, 15,000 cattle, 3000 swine, and 20,000 fowls. "Very enthusiastic revival meetings were conducted here last winter by the native elders, which resulted in quite a number of converts being made."[6]

[6] Report of the Commissioner of Indian Affairs, 1899, pp. 147, 148, 297, 298, 304, 612, 618, 626, 628.