leroy, Acting Regimental Quartermaster, and commanding Oregon Volunteers, on the 6th of March, 1856, at Camp Cornelius, and amounting to $4665, shall be paid to them in full in gold coin."

How many communities of white men would remain peaceable, loyal, and friendly under such a strain as this?

In 1866 the Indian Bureau report of the state of our diplomatic relations with the Nez Percés is that the treaty concluded with them in 1863 was ratified by the Senate, "with an amendment which awaited the action of the Indians. The ratification of this treaty has been delayed for several years for various reasons, partly arising from successive changes in the Superintendent of Indian Affairs in Idaho, whose varying opinions on the subject of the treaty have caused doubts in the minds of senators. A later treaty had been made, but, on careful consideration of the subject, it was deemed advisable to carry into effect that of 1863. The Nez Percés claimed title to a very large district of country comprised in what are now organized as Oregon, Washington, and Idaho, but principally within the latter Territory; and already a large white population is pressing upon them in the search for gold. They are peaceable, industrious, and friendly, and altogether one of the most promising of the tribes west of the Rocky Mountains, having profited largely by the labors of missionaries among them."

By the treaty ratified in this year they give up “all their lands except a reservation defined by certain natural boundaries, and agree to remove to this reservation within one year. Where they have improvements on lands outside of it, such improvements are to be appraised and paid for. The tillable lands are to be surveyed into tracts of twenty acres each, and allotted to such Indians as desire to hold lands in severalty. The Government is to continue the annuities due under former treaties, and, in addition, pay the tribe, or expend for them for

certain specific purposes having their improvement in view, the sum of $262,500, and a moderate sum is devoted to homes and salaries for chiefs. The right of way is secured through the reservation, and the Government undertakes to reserve all important springs and watering-places for public

In this same year the Governor of Idaho writes, in his annual report to the Department of the Interior: "Prominent among the tribes of Northern Idaho stand the Nez Percés, a majority of whom boast that they have ever been the faithful friends of the white man. But a few over half of the entire tribe of the Nez Percés are under treaty. The fidelity of those under treaty, even under the most discouraging circumstances, must commend itself to the favorable consideration of the Department. The non-payment of their annuities has had its natural effect on the minds of some of those under treaty; but their confiding head chief, Sawyer, remains unmoved, and on all occasions is found the faithful apologist for any failure of the Government. Could this tribe have been kept aloof from the contaminating vices of white men, and had it been in the power of the Government promptly to comply with the stipulations of the treaty of 1855, there can be no doubt but that their condition at this time would have been a most prosperous one, and that the whole of the Nez Percé nation would by this time have been willing to come under treaty, and settle on the reservation with those already there."

In 1867 the patience of the Nez Percés is beginning to show signs of wearing out. The Governor of Idaho writes: "This disaffection is great, and serious trouble is imminent. It could all be settled by prompt payment by the Government of their just dues; but if delayed too long I greatly fear open hostilities. They have been patient, but promises and explanations are losing force with them now. *** Their grievances are urged with such earnestness that even Sawyer, who has always been our

apologist, has in a measure abandoned his pacific policy, and asks boldly that we do them justice. *** Even now it may not be too late; but, if neglected, war may be reasonably expected. Should the Nez Percés strike a blow, all over our Territory and around our boundaries will blaze the signal-fires and gleam the tomahawks of the savages-Kootenays, Pen d'Oreilles, Cœur d'Alenes, Blackfeet, Flat-heads, Spokanes, Pelouses, Bannocks, and Shoshones will be involved."

This disaffection, says the agent, "began to show itself soon after the visit of George C. Haigh, Esq., special agent, last December, to obtain their assent to the amendments to the treaty of June 9th, 1863-the non-ratification of that treaty had gone on so long, and promises made them by Governor Lyon that it would not be ratified, and that he was authorized to make a new treaty with them by which they would retain all of their country, as given them under the treaty of 1851, except the site of the town of Lewiston. They had also been informed in March, 1866, that Governor Lyon would be here in the June following, to pay them back-annuities due under the treaty of 1855. The failure to carry out these promises, and the idea they have that the stipulations of the treaty of 1863 will be carried out in the same manner, is one of the causes of their bad feeling. It showed itself plainly at the council lately held, and is on the increase. If there is the same delay in carrying out the stipulations of the treaty of 1863 that there has been in that of 1855, some of the chiefs with their bands will join the hostile Indians. There are many things it is impossible to explain to them. They cannot understand why the $1185 that was promised by Governor Lyon to the Indian laborers on the church is not paid. He told them when the walls were up they should receive their pay. These laborers were poor men, and such inducements were held out to them that they commenced the work in good faith, with the full expectation of receiving their pay when their labors ceased."

The head chief Sawyer's pay is still in arrears. For the last quarter of 1863, and the first and second of 1864, he has received no pay. No wonder he has ceased to be the "apologist" of the Government, which four years ago promised him an annuity of $500 a year.

Spite of this increasing disaffection the Nez Percés are industrious and prosperous. They raised in this year 15,000 bushels of wheat. "Many of them carried their wheat to be ground to the mills, while many sold the grain to packers for feed, while much of it is boiled whole for food. Some few of the better class have had their wheat ground, and sold the flour in the mining-camps at lower prices than packers could lay it down in the camps. Some have small pack-trains running through the summer; one in particular, Cru-cru-lu-ye, runs some fifteen animals; he sometimes packs for whites, and again runs on his own account. A Clearwater Station merchant a short time ago informed me of his buying some oats of Cru-cru-lu-ye last fall. After the grain had been weighed, and emptied out of the sacks, the Indian brought the empty sacks to the scales to have them weighed, and the tare deducted, saying he only wanted pay for the oats. Their sales of melons, tomatoes, corn, potatoes, squashes, green pease, etc., during the summer, in the different towns and mining-camps, bring in some $2000 to $3000. Their stock of horses and cattle is increasing fast, and with the benefits to be derived from good American stallions, and good bulls and cows, to be distributed to them under the stipulations of the treaty of 1863, they will rapidly increase in wealth."

In 1869 their reservation is still unsurveyed, and when the Indians claim that white settlers are establishing themselves inside the lines there is no way of proving it, and the agent says all he can do is to promise that "the white man's heart shall be better;" and thus the matter will rest until another disturbance arises, when the same complaints are made, and the same

answers given as before-that "the white man's heart shall be better, and the boundary-line shall be surveyed."

Other treaty stipulations are still unfulfilled; and the nontreaty party, while entirely peaceable, is very strong, and im movably opposed to treaties.

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In 1870, seven years after it was promised, the long deferred survey of the reservation was made. The superintendent and the agent both remonstrated, but in vain, against the manner in which it was done; and three years later a Board of Special Commissioners, appointed to inquire into the condition of the Indians in Idaho, examined the fence put up at that time, and reported that it was a most scandalous fraud. It is a postand-board fence. The posts are not well set. Much of the lumber is deficient in width and length. The posts are not dressed. The lumber laps at any joint where it may chance to meet, whether on the posts or between them, and the boards are not jointed on the posts where they meet; they are lapped and fastened generally with one nail, so that they are falling down rapidly. The lumber was cut on the reservation. The contract price of the fence was very high; the fencing done in places of no value to any one, for the reason that water cannot be had for irrigation. The Government cannot be a party to such frauds on the people who intrust it with their property."

In this year a commission was sent to Oregon to hold council with the band of Nez Percés occupying Wallowa Valley, in Oregon, "with a view to their removal, if practicable, to the Nez Percé Reservation in Idaho. They reported this removal to be impracticable, and the Wallowa Valley has been withdrawn from sale, and set apart for their use and occupation by Executive order."*

This commission report that one of the most troublesome questions in the way of the Government's control of Indian af

* Report of the Secretary of the Interior for 1873.