Causes of Indian Grievances

Long before the Indian buried his tomahawk and ceased to make war upon the white man, the government adopted the policy of inquiring into the causes of his grievances and in cases where such grievances could be conciliated without jeopardizing the interests of the government or of bona fide citizens, that step was usually attempted. In the investigation of these matters it was found that in some instances the difficulty grew out of some act of the government itself, interpreted by the Indians to be detrimental to their interests; in some, from the wanton encroachment of irresponsible citizens; and yet in others from the intrigues of men whose interests were inimical to those of the government, or of some nearby community; but the trouble was most often due to the Indians' fear of trespass upon their territory; of being deprived of land without due compensation, and, frequently, to his in appreciation or misunderstanding of the government's attitude toward him.

For several months prior to the opening of the spring of 1858, and during the early part of that spring, there were evident signs of irritation and unrest, among certain tribes of the northwest, which were portentous of evil results. Some of these tribes were strong in membership and their relations to each other were such that defensive or aggressive alliances could be readily formed so that, if occasion arose, very serious resistance could be offered to any force of the army available for service in this section.

Much correspondence was had, therefore, between commandants of forts in the northwest and the general commanding the Department of the Pacific, with reference to the causes of this feeling on the part of the Indians.

Headquarters of the Department of the Pacific were then at San Francisco and General Newman S. Clarke was in command. In June, 1857, General Clarke came to Washington Territory and, having learned of the restless attitude of the Indians east of the Cascades, made a personal investigation into the situation. He held a conference with Colonel J. W. Nesmith, at that time Superintendent of Indian Affairs for Oregon and Wash ington Territories, at The Dalles, and, from the information considered, it was concluded that the causes were:

1st. The uneasiness felt among the Indians lest those who were implicated in the murder of Agent Bolan, committed eighteen months before, while Bolan was en route to the country of the Yakimas, should be seized or retaliation be made on the tribes, notwithstanding a sort of pacification made under Colonel George Wright.

2nd. The great objection entertained regarding the treaties made with Governor Stevens, and fears lest the government should enforce them. To these treaties the Indians objected both the want of authority in the Indians who spoke for the tribes, and the conditions themselves.

During the year 1855 Governor Stevens made three separate treaties with the Indians who in habited the country lying in and adjacent to the Columbia River basin, each covering a separate tribe, or confederation of tribes. The provisions of the treaties were similar except as to the boundaries of the lands ceded. The following is the treaty made with the tribes who were most pronounced in hostile sentiment, not including the Coeur d'Alenes and Spokanes:

Camp Stevens Treaty, June 9, 1855

"Articles of agreement and convention made and concluded at the treaty-ground, Camp Stevens, Walla Walla valley, this ninth, day of June, in the year one thousand eight hundred and fifty-five, by and between Isaac I. Stevens, governor and superintendent of Indian affairs for the Territory of Washington, on the part of the United States, and the undersigned head chiefs, chiefs, head-men and delegates of the Yakima, Palouse, Pisquouse, Wenatshapan, Klikatat, Klinquit, Kow-was-say-ee, Li-ay-was, Skin-pah, Wish-ham, Shyiks, Oche-chotes, Kah-milt-pah, and Se-ap-cat, confederated tribes and bands of Indians, occupying lands hereinafter bounded and described and lying in Washington Territory, who for the purpose of this treaty are to be considered as one nation, under the name of 'Yakima,' with Kamiakun as its head chief, on behalf of and acting for said tribes and bands, and being duly authorized thereto by them.

Fort Walla Walla in 1857.
From a pen sketch of that date

Article I. The aforesaid confederated tribes and bands of Indians hereby cede, relinquish and convey to the United States all their right, title and interest in and to the lands and country occupied and claimed by them, and bounded and described as follows, to-wit:

Commencing at Mount Ranier, thence northerly along the main ridge of the Cascade Mountains to the point where the northern tributaries of Lake Che-Ian and the southern tributaries of the Methow River have their rise; thence southeasterly on the divide between the waters of Lake Chelan and the Methow River to the Columbia River; thence, crossing the Columbia on a true east course, to a point whose longitude is one hundred and nineteen (119) degrees and ten (10) minutes, which two latter lines separate the above confederated tribes and bands from the Oakinakane tribe of Indians; thence in a true south course to the forty-seventh (47th) parallel of latitude: thence east on said parallel to the main Palouse river, which two latter lines of boundary separate the above confederated tribes and bands from the Spokanes; thence down the Palouse river to its junction with the Moh-hah-ne-she, or southern tributary of the same; thence in a southeasterly direction, to the Snake river, at the mouth of the Tucannon river, separating the above confederated tribes from the Nez Perce tribe of Indians; thence down the Snake river to its junction with the Columbia River; thence up the Columbia River to the 'White Banks' below the Priest's Rapids ; thence westerly to a lake called 'La Lac'; thence southerly to a point on the Yakimia River called Toh-mah-luke; thence in a southwesterly direction, to the Columbia river, at the western extremity of the 'Big Island,' between the mouths of the Umatilla river and Butler creek; all which latter boundaries separate the above confederated tribes and bands from the Walla Walla, Cayuse, and Umatilla tribes and bands of Indians; thence down the Columbia river to midway between the mouths of White Salmon and Wind rivers; thence along the divide between said rivers to the main ridge of the Cascade Mountains; and thence along said ridge to the place of beginning.

Article 2. There is, however, reserved, from the lands above ceded for the use and occupation of the aforesaid confederated tribes and bands of Indians, the tract of land included within the fol lowing boundaries, to-wit: Commencing on the Yakima River, at the mouth of the Attah-nam River; thence westerly along said Attah-nam River to the forks; thence along the southern tributary to the Cascade Mountains; thence southerly along the main ridge of said mountains, passing south and east of Mount Adams, to the spur whence flows the waters of the Klickatat and Pisco Rivers; thence down said spur to the divide between the waters of said rivers; thence along said divide to the divide separating the waters of the Satass River from those flowing into the Columbia river; thence along said divide to the main Yakima, eight miles below the mouth of the Satass River; and thence up the Yakima River to the place of beginning.

All which tract shall be set apart and, so far as necessary, surveyed and marked out, for the exclusive use and benefit of said confederated tribes and bands of Indians, as an Indian reservation; nor shall any white man, excepting those in the employment of the Indian Department, be permitted to reside upon said reservation without permission of the tribe and the superintendent and agent. And the said confederated tribes and bands agree to re move to, and settle upon, the same, within one year after the ratification of this treaty. In the mean time it shall be lawful for them to reside upon any ground not in the actual claim and occupation of citizens of the United States; and upon any ground claimed or occupied, if with the permission of the owner or claimant.

Guaranteeing, however, the right to all citizens of the United States to enter upon and occupy as settlers any lands not actually occupied and cultivated by said Indians at this time, and not included in the reservation above named.
Arid provided, That any substantial improvements heretofore made by any Indian, such as fields enclosed and cultivated, and houses erected upon the lands hereby ceded, and which he may be compelled to abandon in consequence of this treaty, shall be valued under the direction of the President of the United States, and payment made therefor in money; or improvements of an equal value made for said Indian upon the reservation. And no Indian will be required to abandon the improvements aforesaid, now occupied by him, until their value in money, or improvements of an equal value shall be furnished him as aforesaid.

Article 3. And provided, That if necessary for the public convenience, roads may be run through the said reservation; and on the other hand, the right of way, with free access from the same to the nearest public highway, is secured to them; as also the right, in common with citizens of the United States, to travel upon all public highways.

The exclusive right of taking fish in all the streams, where running through or bordering said reservation, is further secured to said confederated tribes and bands of Indians, as also the right of taking fish at all usual and accustomed places, in common with the citizens of the Territory, and of erecting temporary buildings for curing them; together with the privilege of hunting, gathering roots and berries, and pasturing their horses and cattle upon open and unclaimed land.

Article 4. In consideration of the above cession, the United States agree to pay to the said con federated tribes and bands of Indians, in addition to the goods and provisions distributed to them at the time of signing this treaty, the sum of two hundred thousand dollars, in the following manner, that is to say: Sixty thousand dollars, to be ex pended under the direction of the President of the United States, the first year after the ratification of this treaty, in providing for their removal to the reservation, breaking up and fencing farms, building houses for them, supplying them with provisions and a suitable outfit, and for such other objects as he may deem necessary, and the remainder in annuities as follows: For the first five years after the ratification of the treaty, ten thousand dollars each year, commencing September first, 1856; for the next five years eight thousand dollars each year; and for the next five years, four thou sand dollars per year.

All which sums of money shall be applied to the use and benefit of said Indians, under the direction of the President of the United States, who may from time to time determine, at his discretion, upon what beneficial objects to expend the same for them. And the superintendent of Indian affairs, or other proper officer, shall each year inform the President of the wishes of the Indians in relation thereto.

Article 5. The United States further agree to establish at suitable points within said reservation, within one year after the ratification hereof, two schools, erecting the necessary buildings, keeping them in repair, and providing them with furniture, books, and stationery, one of which shall be an agricultural and industrial school, to be located at the agency, and to be free to the children of the said confederated tribes and bands of Indians, and to employ one superintendent of teaching and two teachers; to- build two blacksmith's shops, to one of which shall be attached a tin-shop, and to the other a gunsmith's shop; one carpenter's shop, one wagon and plough maker's shop, and to keep the same in repair and furnished with the necessary tools; to employ one superintendent of farming and two farmers, two blacksmiths, one tinner, one gun smith, one carpenter, one wagon and plough maker, for the instruction of the Indians in trades and to assist them in the same; to erect one saw-mill and one flouring-mill, keeping the same in repair and furnished with the necessary tools and fixtures; to erect a hospital, keeping the same in repair and provided with the necessary medicines and furniture, and to employ a physician ; and to erect, keep in repair, and provided with the necessary furniture, the building required for the accommodation of the said employees. The said buildings and establishments to be maintained and kept in repair as aforesaid, and the employees to be kept in service for the period of twenty years.

And in view of the fact that the head chief of the said confederated tribes and bands of Indians is expected, and will be called upon to perform many services of a public character, occupying much of his time, the United States further agree to pay to the said confederated tribes and bands of Indians five hundred dollars per year, for the term of twenty years after the ratification hereof, as a salary for such person as the said confederated tribes and bands of Indians may select to be their head chief, to build for him at a suitable point on the reservation a comfortable house, and properly furnish the same, and to plough and fence ten acres of land. The said salary to be paid to, and the said house to be occupied by, such head chief so long as he may continue to hold that office.

And it is distinctly understood and agreed that at the time of the conclusion of this treaty Kamaiakun is the duly elected and authorized head chief of the confederated tribes and bands aforesaid, styled the Yakima Nation, and is recognized as such by them and by the commissioners on the part of the United States holding this treaty; and all the expenditures and expenses contemplated in this article of this treaty shall be defrayed by the United States, and shall not be deducted from the annuities agreed to be paid to the said confederated tribes and bands of Indians. Nor shall the cost of transporting the goods for the annuity payments be a charge upon the annuities, but shall be de frayed by the United States.

Article 6. The President may, from time to time, at his discretion, cause the whole or such portions of such reservations as he may think proper, to be surveyed into lots, and assign the same to such individuals or families of the said confederated tribes and bands of Indians as are willing to avail themselves of the privilege, and will locate on the same as a permanent home, on the same terms and subject to the same regulations as are provided in the sixth article of the treaty with the Omahas, so far as the same may be applicable.

Article 7. The annuities of the aforesaid con federated tribes and bands of Indians shall not be taken to pay the debts of individuals.

Article 8. The aforesaid confederated tribes and bands of Indians acknowledge their dependence upon the government of the United States, and promise to be friendly with all citizens thereof, and pledge themselves to commit no depredations upon the property of such citizens.

And should any one of more of them violate this pledge, and the fact be satisfactorily proved before the agent, the property taken shall be returned, or in default thereof, or if injured or destroyed, compensation may be made by the government out of the annuities.

Nor will they make war upon any other tribe, except in self-defense, but will submit all matters of difference between them and other Indians to the Government of the United States or its agent for decision, and abide thereby. And if any of the said Indians commit depredations on any other In dians within the Territory of Washington or Ore gon, the same rule shall prevail as that provided in this article in case of depredations against citizens. And the said confederated tribes and bands of Indians agree not to shelter or conceal offenders against the laws of the United States, but to de liver them up to the authorities for trial.

Article 9. The said confederated tribes and bands of Indians desire to exclude from: their reservation the use of ardent spirits, and to prevent their people from drinking the same, and, therefore, it is provided that any Indian belonging to said confederated tribes and bands of Indians, who is guilty of bringing liquor into said reservation, or who drinks liquor, may have his or her annuities withheld from him or her for such time as the President may determine.
Article 10. And provided, That there is also reserved and set apart from the lands ceded by this treaty, for the use and benefit of the aforesaid confederated tribes and bands, a tract of land not exceeding in quantity one township of six miles square, situated at the forks of the Pisquouse or Wenatshapan river, and known as the "Wenat-shapan Fishery," which said reservation shall be surveyed and marked out whenever the President may direct, and be subject to the same provisions and restrictions as other Indian reservations.

Article 11. This treaty shall be obligatory upon the contracting parties as soon as the same shall be ratified by the President and Senate of the United States.

In testimony whereof, the said Isaac I. Stevens, governor and superintendent of Indian affairs for the Territory of Washington, and the undersigned head chief, chiefs, headmen, and delegates of the aforesaid confederated tribes and bands of In dians, have hereunto set their hands and seals, at the place and on the day and year hereinbefore written.

Isaac I. Stevens, Governor and Superintendent. (L.S.)
Kamaiakun, his x mark. (L.S.)
Skloom, his x mark. (L.S.)
Owhi, his x mark. (L.S.)
Te-cole-cun, his x mark. (L.S.)
La-hoom, his x mark. (L.S.)
Me-ni-nock, his x mark. (L.S.)
Elit Palmer, his x mark. (L.S.)
Wish-och-kmpits, his x mark. (L.S.)
Koo-lat-toose, his x mark. (L.S.)
Shee-ah-cotte, his x mark. (L.S.)
Tuck-quille, his x mark. (L.S.)
Ka-loo-as, his x mark. (L.S.)
Scha-noo-a, his x mark. (L.S.)
Sla-kish, his x mark. (L.S.)

Signed and sealed in the presence of
James Doty, Secretary of treaties,
Mie. Cles. Pandosy, O. M. T.,
Wm, C. McKay,
W. H. Tappan, sub Indian agent, W. T.
C. Chirouse, O. M. T.,
Patrick McKenzie, interpreter,
A. D. Pamburn, interpreter,
Joel Palmer, superintendent Indian affairs,
O. T., W. D. Biglow."

This treaty had not yet been ratified by the President and Senate, and was not so ratified until March 8th, 1859, and was then not proclaimed until April i8th of that year.
 
Agreeing with Mr. Nesmith as to the impolicy of enforcing the unratified treaties at the hazard of a serious war, General Clarke determined, with the approval of the Superintendent, to remove distrust by letting the Indians know that the treaties were as yet non-effective, and issued instructions to the commanding officers to that end.

As to the murder of Agent Bolan, justice and the policy of the government alike demanded the sur render of the perpetrators, yet, being assured by commanding officers present at the conference held at The Dalles that, with reference to the pacification made by Colonel Wright, the impression had been made upon the Indians, intentionally or unintentionally, that hostilities were to cease, the past be forgiven, and their future treatment to depend on their future conduct, General Clarke "determined not to destroy the future influence of the government with these people by bad faith or the appearance of it, and instructed the officers so to inform them."

The steps thus taken by General Clarke were somewhat confused soon afterward by the actions of Mr. J. Ross Brown, representing the Indian bureau. It is very probable that Brown appeared upon the scene entirely without knowledge of the things which had transpired tending to establish amicable relations with the Indians. The following correspondence quite clearly sets forth the difficulty which he injected into the situation:

Fort Walla Walla
October 19, 1857

Sir: It is my duty to inform the general that Mr. J. Ross Brown, acting, I believe, as an agent of the Indian bureau, did, in a recent conversation with 'Lawyer,' the Nez Perces' chief, assert that Governor Stevens' treaty of Walla Walla would certainly be ratified and enforced.

Mr. William Craig, who acted as interpreter on the occasion, gives me this information.

Considering that this statement is in direct opposition to what the Indians have been told by us, and to what as I believe nearly all of them desire, it seems to me in very bad taste, to say the least of it. Mr. Brown could not possibly have known that the treaty will be ratified, and even if he had, the proper time to enlighten the Indians on the subject is obviously after it shall have become a law of the land. He had no right to unsettle the Indian minds on a point respecting which his convictions are probably no stronger than the opposite belief of many others in daily intercourse with them.

I will simply add that in my opinion any attempt to enforce that treaty will be followed by immediate hostilities with most of the tribes in this part of the country; for which reason it does appear to me greatly desirable that a new commission be appointed, and a new treaty made, thoroughly digested and accepted by both sides.

Very respectfully, your obedient servant,

E. J. Steptoe, Brevet Lieutenant Colonel U. S. A., Commanding Post.
Major W. W. Mackall, Assistant Adjutant General U. S. A., San Francisco

The particular treaty referred to in the foregoing letter was made between Governor Stevens and the Nez Perces at Camp Stevens, Walla Walla Valley, the same place at which the treaty with the Yakima Nation was made, on June 11th, 1855, was ratified March 8th, 1859, an proclaimed April 29th, 1859. The terms of this treaty were identical with those of the Yakima treaty.

A copy of this letter was forwarded to Superintendent Nesmith, who replied as follows:

Office Superintendent Indian Affairs
Salem, Oregon
November 18, 1857

Sir :
I have the honor to acknowledge receipt of your letter of the 3rd instant enclosing a copy of Colonel Steptoe's letter of October I9th, in which he refers to a conversation had between Mr. J. Ross Brown and 'Lawyer,' chief of the Nez Perces.
In relation to the opinion entertained by Brigadier General Clarke, that I had not changed my policy relative to those Indians since our interview, I have to say that the general's conclusions on that subject are correct. I have on all occasions directed the agents who have communicated with those people to impress upon their minds the fact that the treaties negotiated with them were like all other treaties in a similar condition, void and in operative, and must remain so until they receive the constitutional ratification of the President and Sen ate; and I further entertain the opinion that no officer of the government, including the President himself, can give those treaties validity or make them binding while they lack such ratification.

I knew that Mr. Brown had visited The Dalles, and had there some conversation with 'Lawyer.' The character of that conversation was never reported to me. If he stated that the 'treaties would certainly be ratified and enforced. I can only say that he possessed knowledge upon that subject which has been withheld from myself. In order to explain to the general my views upon the subject of those treaties I herewith enclose you an extract from my annual report to the Commissioner of Indian Affairs, bearing date September 1, 1857.

I am, sir, respectfully, yours, &c., &c.,
J. W. Nesmith, Superintendent Indian Affairs, O and W. T.
Major W. W. Mackall, Assistant Adjutant General, San Francisco, Cal.

Extract from the annual report of Superintendent Nesmith, in relation to the ratification of treaties, dated September 1, 1857:

"The region of country east of the Cascade Mountains is daily becoming of more importance to the whites by reason of the discovery of gold in its northern limits, and its being traversed by the great thoroughfares leading to the states. Our people are being continually brought into contact with its Indian occupants, which compose several numerous and warlike tribes. In order to maintain friendly relations with them, and prevent constant difficulties, requires the presence of several reliable agents.

The treaties negotiated with those interior tribes, never having been ratified, they are averse to the occupation of their country by white settlers, and every endeavor has been made to prevent intrusion upon their lands, until such time as the government shall decide upon the disposition to be made of the treaties. In order to relieve and quiet their apprehensions in relation to the occupation of their country by our people, I directed Agent Lansdale, on his trip to the Flathead country, to explain to them the failure of the government to comply with its promises by reason of the non-ratification of the treaties, and to assure them that their lands should not be taken from them without receiving a fair compensation; they were also informed that until these treaties were ratified they could expect nothing from the government in the shape of annuities or subsistence. I would recommend that steps be taken to throw open the Walla Walla valley to settlement; it is an advanced point in the interior, which if occupied would protect and increase the facilities for an overland communication with the states. The Walla Walla is a rich valley, unsurpassed in its qualities as a grazing country, and a desirable locality for a white settlement. It has already been purchased by the treaties made by Governor Stevens and late Superintendent Palmer with the Cayuses and Nez Perces; as the treaties have never been ratified, the country is considered open to settlement. I understand that the Indians express some dissatisfaction at those treaties, which may render their modification necessary. The only portion of the country east of the Cascade Mountains now occupied by our citizens is that in the immediate vicinity of The Dalles, on the south side of the Columbia river. This country belongs to the Indians who were parties to the treaty of June 25, 1855. They have been great sufferers by reason of the occupation of their country by the whites, and have never received any compensation; I would therefore earnestly recommend that the treaty entered into between those people and late Superintendent Palmer, on June 25, 1855, be immediately ratified and funds appropriated for its execution. The treaty referred to is liberal in its provisions; the Indians who are parties to it have exhibited good faith towards our government; they have been deprived of their lands, and the United States have received all the benefits of the treaty. I think that justice, as well as good policy, should induce the government to comply with their part of the contract. I would also earnestly recommend that the treaties negotiated by Governor Stevens with the Indians in Washington Territory west of the Cascade Mountains, be ratified as speedily as possible, as it will be difficult to restrain the Indians, who are parties to those treaties, much longer by mere promises."

• Army Life on the Pacific, book by Lawrence Kip

Notes About the Book:

Source: The Indian Tribes of North America, by John R. Swanton, 1953, Bureau of American Ethnology, Bulletin 145, US Government Printing Office, Washington DC.

Online Publication: The manuscript was scanned and then ocr'd. Minimal editing has been done, and readers can and should expect some errors in the textual output.

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