able time in the judgment of the department, they should then be placed by force upon the Nez Percé reservation, and, in satisfaction of any possible rights of occupancy which they may have, the same aid and allotments of land granted to the treaty Nez Percés should be extended to them on the reservation.

Fourth. If these Indians overrun land belonging to the whites and commit depredations upon their property, disturb the peace by threats or otherwise, or commit any other overt act of hostility, we recommend the employment of sufficient force to bring them into subjection, and to place them upon the Nez Percé reservation.

The Indian agent at Lapwai should be fully instructed to carry into execution these suggestions, relying at all times upon the department commander for aid when necessary. Fifth. We recommend the adoption of a similar policy toward the other non-treaty Indians of the Yakama, Umatilla, and Nez Percé agencies, including other Indians who have wandered from their reservations, and for this purpose the agents having the care of these reservations should be directed to take similar action to that recommended for the Nez Percé agent.

NON-COMPLIANCE BY THe governmeNT WITH ITS TREATY OBLIGATIONS.

During an interview held with the agent and treaty Indians, for the purpose of ascertaining whether there were sufficient unoccupied tillable lands for Joseph's band on the reservation, and for the further purpose of securing their co-operation to aid us in inducing Joseph to come upon the reservation, facts were brought to our attention of a failure on the part of the Government to fulfill its treaty stipulations with these Indians. The commission therefore deem it their duty to call the attention of the Government to this subject.

First. Article 2 of the treaty of June 9, 1863, provides that no white man, excepting such as may be employed by the Indian Department, shall be permitted to reside upon the reservation, without permission of the tribe and the superintendent and agent.

By reference to page 3 of our proceedings at Lapwai, hereto appended, will be found the statement of Mr. J. B. Monteith, the United States Indian agent, to the effect that W. G. Langford asserts a claim to 640 acres, covering that at present occupied by the agency. Finny claims and occupies as much more.

Colwell claims and occupies about seventy-five acres.

D. B. Randall claims 50 acres.

It is clearly the duty of the government to adjust and quiet these claims, and remove the parties from the reservation. Each day's delay to fulfill this treaty stipulation adds to the distrust of the Indians in the good faith of the government.

By reference to page 8 of proceedings, C, hereto appended, it will appear the commission adopted a resolution recommending the agent to revoke the license given Randall by James O'Neil, a former agent, for the location of a stage-station on the reservation, and take possession of the land. This recommendation was deemed proper, inasmuch as the station has been abandoned for more than a year, there being no further use for it, and the lands were wanted for the use of the Indians.

Second. Article 3, of the same treaty of 1863, provides for the survey of the land suitable for cultivation into lots of twenty acres each.

While a survey is reported by the agent to have been early made, no measures were then or have been since taken to adjust farm limits to the lines of the surveyed lots.

Third. Rules and regulations for continuing the possession of these lots and the improvements thereon in the families of deceased Indians have not been prescribed, as required by the treaty.

Fourth. It is also provided that certificates (or deeds) for such tracts shall be issued to individual Indians.

The failure of the Government to comply with this important provision of the treaty causes much uneasiness among the Indians, who are little inclined to spend their labor and means in improving ground held by the uncertain tenure of the pleasure of an agent.

Fifth. Article 7 of the treaty provides for a payment of $4,665 in gold coin to them for services and horses furnished the Oregon mounted volunteers in March, 1856.

It is asserted by the Indians that this provision of the treaty has hitherto been disregarded by the Government.

The commission would emphasize the opinion that every consideration of justice and equity as well as expediency, demands from the Government a faithful and literal compliance with all its treaty obligations toward the Indians. A failure to do this is looked upon as bad faith. and can be productive of only bad results.

CONSOLIDATION OF AGENCIES.

The commission is instructed "to take into consideration the subject of reducing by consolidation the number of reservations in the Territories visited, and, if such a course shall be deemed advisable, to make recommendation as to the location of the consolidated agencies and the methods to be pursued to secure such consolidaton."

Owing to the lateness of the season and the delays attending our interviews with Joseph

and his band, we have been able to visit only the Umatilla, Yakama, Nez Percé, Puyallup, and Neah Bay reservations. From these comparatively limited means of information we have collated much useful knowledge.

All the Indians in Oregon and the Territories of Washington and Idaho could be well, accommodated with sufficient arable land, suitable in soil and climate for comfortable homes, upon the Nez Percé and Yakama reservations alone. Here they would also find ample pasture-lands for all their herds, supplies of pine, fir, and other timber suitable for building, fencing, and fuel, streams filled with fish, and mountains teeming with game.

Upon the Nez Percé reservation at Lapwai is one saw-mill and one grist-mill, and the same at Kamiah At Yakama are two saw-mills and one grist mill. These mills have abundant capacity to saw the lumber and grind the grain for all the Indians in the said State and Territories, nor need any additional expense be incurred for the construction of agency buildings.

In view of these important facts, we earnestly recommend that a system of reducing the existing number of agencies be entered upon at once, as far as the same can be effected without violation of existing treaties, believing such action would not only result in a large saving to the Government, but in promoting the true and highest interests of the Indians. For in the interest of the Indian, in order to change his habits of life and render him speedily self-supporting, there is required, as Agent Wilbur well says, "patient and constant perseverance, instructing, correcting, and reproving. This needs to be done everywhere-from house to house, from camp to camp, on the mountains, at their fisheries, on the week-day and on the Sabbath. They are grown-up children, and must be personally educated to work." Such tutelage cannot be accomplished by allowing the Indians to be scattered without governmental direction and aid, as will be the case at the expiration of the present treaties, or to roam at will, as thousands are doing in the valley of the Columbia to-day. The government should, in our judgment, assume and exercise a plain duty, viz, treat the Indians as its wards, and exercise over them the necessary and wholesome authority.

It is evident this object can best be accomplished by judicious consolidation. The lands thus vacated, after being appraised by parties unbiased by local sympathy or prejudice, could be placed in the market a fair prices, and a fund accumulated, the income of which would supply the Indians not only with means of inprovement, but also with farmingimplements and breeding-stock, as well as domestic comforts, and in various ways contributing to their proper establishment in their new homes. This is especially true of the Umatilla reservation. Its improvements in agency buildings do not exceed fifteen hundred dollars, or at most two thousand dollars, in value, the whole vast tract of valuable land being suffered to lie waste, occupied by a mere handful of Indians who are incapable of developing its rich treasures, all ready to reward the industry and skill of the farmer. Its location is in the most productive region of Eastern Oregon, surrounded by thrifty farmers, and embracing from fifteen thousand to twenty-five thousand acres of the best quality of land, valued at not less than ten dollars per acre. Its extensive tracts of timber-land are equally if not more valuable, and would be eagerly purchased if opened to settlement. Besides, there are upon this reservation pasture-lands almost without limit, and water-power furnished by the Umatilla River of great value. While it is believed this reservation is but a sample of others which offer equally strong inducements both to the government and for the benefit of the Indians for consolidation, it is also true that some of them are almost worthless for the purpose for which they have been set apart, and should, for that reason, be abandoned. The Indian will never attain a knowledge of the arts of husbandry, and become independent and self-sustaining, without the advantages of good soil and other appliances deemed essential for successful farming.

Owing to the differences in religion, it will probably conduce to harmony and success to consolidate so as to keep the Roman Catholics and Protestants separate, as is now the case, and considering the difference of character, caused by the difference of occupation, of the Indians on and near Puget Sound from those in the interior, it will probably be best to reduce these to two reservations, one Roman Catholic and one Protestant, thus keeping the Sound Indians where they can pursue their present mode of living, viz, working for lumbermen and fishing. The Indians of a few reservations, on and near the mainland, for example Puyallup, Chehalis, S'Kokomish, &c., might be taken to the Yakama, and become farmers and stock-rais ers.

While the commission is clear in recommending and urging the policy of consolidation, it is well aware that the detail necessarily accompanying its execution is complicated, requ ring the utmost skill and time for its success. The scheme would doubtless be attended with some difficulties, but it its believed none of a serious nature would be encountered.

No one should be intrusted with the direction of so important an undertaking who has not had experience and knowledge of Indian character and habits, and whose antecedents of life do not signally qualify him for so delicate and arduous a service. When the right person is found he should have large discretion, full confidence of the alministration, with liberty to invoke the aid, not only of the Indian agents, but of the military authority if

necessary.

The commission has deemed it expedient to refrain from further details in its recommendations on this point, believing that Congress will, in its wisdom, so legislate that the details

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in executing its laws would be largely left to the knowledge and experience of the depart ment. They are, however, justified, from the information they now have, in declaring their decided opinion, that it is for the interest of the government and the Indians to reduce the fourteen agencies within the limits of the present Department of the Columbia to five, two on Puget Sound, and one other in Washington Territory, one in Oregon, and one in Idaho, with the understanding that capable heads of families should have the privilege of remaining where they are and taking up lands in severalty, in reasonable quantities and under limitations as to its alienation to be prescribed by law.

COLVILLE AGENCY.

Our instructions require us, if practicable, to visit the Coeur d'Alênes in Northern Idaho' the Spokanes, I end d'Oreilles and Kootenays, also the Colville Indians, with a view of set tling certain difficulties that have arisen from their not being on the lands set apart for them' or upon lands to which they have a title. The commission found it impossible to visit these tribes of Indians owing to the lateness in the season when they reached Washington Territory. We should have been detained in the Colville country for the winter, had we undertaken to go there as late as November, and remain long enough to visit the different tribes that are very much scattered and examine into the questions at issue.

With reference to the Colville Indians, Mr. Oppenheimer, a citizen who has large interests in Colville, having recently returned from the Colville Valley to Portland, Oreg, makes a statement in behalf of the citizens, and accompanies it with a map. We inclose the statement and a copy of his map. While the commission believe that these Indians could properly be embraced within some present reservation, and would not encourage the hope of a new reservation for them, they are not, of course, prepared yet to make specific recommendations, because of their inability to visit the localities mentioned.

CONCERNING UNITED STATES LAW.

Our instructions further require "suggestions with a view of securing certainty, uniformity, and promptitude in the execution of United States law both for whites and Indians (in that part of the country) who are brought in contact with each other."

On the Yakama reservation the agent has been appointed by the district court a judicial officer, i. e., a United States commissioner. added authority as agent, enables him to meet all possible cases of violation of law, and He declares that this arrangement, with his secures the certainty, uniformity, and promptitude of execution of the laws.

Where the Indian agent is not also a judicial officer, i. e., a United States commissioner, numerous cases arise where Indians suffer remediless wrongs at the hands of desperadoes, and also whites at the hands of bad Indians, for which there is at present no available relief. This whole subject needs careful consideration by the law-officers of the government, that the needed legislation may be recommended. Certainly, if the reservation system be continued, the United States courts could be clothed with jurisdiction, if they do not now have it, for all Indians belonging to a reservation, and a resident commissioner could be provided to meet cases that would arise between Indians and whites, between Indians themselves, or between whites themselves, in matters concerning the reservation.

In this connection, we earnestly recommend that, for the purpose of bringing the Indians to a personal responsibility and making them amenable to the civil law, the necessary steps be taken to break up the tribal relations now existing, and that the practice of paying chiefs on reservations be discontinued as soon as possible.

In lieu of the latter expenditure the same appropriation could be used with greater ad vantage in payment of a police force, to be organized from the best-behaved of the Indians. The effect of such service and discipline would be wholesome, and productive of good results to all concerned.

RECAPITULATION.

The following summary of recommendations is submitted:

First. That the leaders and teachers known as "dreamers" belonging to non-treaty and roaming Indians (there being at least one with Joseph's band) be required to go upon their own reservations. In case of refusal, that they be removed to the Indian Territory.

Second. So long as Joseph and his band remain in the Im-na-ha Valley and visit the Wallowa Valley for hunting, fishing, and grazing a part of each year, that there be a speedy military occupation of Wallowa Valley, by an adequate military force, to prevent difficulties between whites and Indians. tle these Indians in severalty upon the present reservation. Meanwhile, the Nez Percé agent to continue efforts to set

Third. Unless they conclude to settle quietly as above indicated, within a reasonable time, that they should then be placed upon the reservation by force.

Fourth. In case of outbreak or any act of hostility, that they at once be brought into subjection and put upon the reservation.

Fifth. That all the non-treaty Indians, and those who have wandered from their reservations, be dealt with by the agencies to which they properly belong in the same manner.

Sixth. There having been a failure on the part of the Government to fulfill its stipulations with the treaty-Indians, that the Government give speedy attention to this important subject.

Seventh. That the fourteen agencies within the limits of the Department of the Columbia be reduced to five, selling the abandoned reservations for the benefit of the Indians removed, and permitting heads of familes, if they choose, to remain and settle in severalty.

Eighth. That the necessary steps to be taken to invest agents with judicial authority, similar to that now exercised on the Yakama reservation.

That the tribal relations be speedily dissolved, the practice of paying chiefs discontinued, and all Indians be held amenable, like the whites, to civil law.

In the event of abandonment and consolidation of reservations as above, we especially urge that individual selection of lands heretofore made or hereafter to be made by Indians under treaty stipulations should be sacredly observed. The owners thereof should be protected in the enjoyment of these allotments as their homes, and not be required to remove to other reservations, or to be further subject to the special control of the government. Respectfully submitted,

To Hon. J. Q. SMITH,

Commissioner of Indian Affairs, Washington, D. C.

D. H. JEROME.
O. O HOWARD.
WM. STICKNEY.
A. C. BARSTOW.

ennes, it was thought, also suffered severely, but their loss was not ascertained. The same hostile army, in a few days afterward, struck several small parties of miners and trappers in the mountains east of the agency, whom they killed, and drove off their stock. Eight white men and five Shoshones are known to have fallen victims in this terrible massacre. The bodies of all those murdered persons, save one, men, women, and children, have been left unburied where they fell.

During the year whisky in considerable quantities has been introduced upon the reservation by parties unknown to me; thus far one case has been prosecuted, which resulted in the conviction of the offender, who is now serving a two years' sentence in the penitentiary. In regard to this evil I have to say that where there are so many persons upon the reservation without authority, it is impossible for the agent to detect the guilty parties.

As perhaps may be well known, there are on this reservation at the present time a number of persons located upon lands prior to its being set apart as a reservation in 1868. These claims have been recognized by the Government as valid, and a commission appointed to appraise said property; but the settlers have not had their claims liquidated, and they still remain, extending their farms, renewing their buildings, and from time to time other members of their families have joined them, until now quite a settlement of whites are near the agency. The Shoshones object to these persons remaining here; they look upon it, and justly, I think, as an infringement on their rights; these persons also have large herds of stock which graze on the Indians' lands. They represent that these people ought to be paid for their claims and required to move away. I earnestly recommend that action be taken to correct this evil, and that the number of persons upon this reservation be reduced to those strictly authorized by law to be upon Indian reservations.

This report and the accompanying statistics, though I am sorry to say do not show the progress that would be desirable, are as close an approximation, and as near the truth, as I am able to make them.

Very respectfully, your obedient servant,

The COMMISSIONER OF INDIAN AFFAIRS.

JAMES I. PATTEN, United States Indian Agent.