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 num ber 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.

REPORT OF CIVIL AND MILITARY COMMISSION TO NEZ PERCE INDIANS WASHINGTON TERRITORY AND THE NORTHWEST.

PORTLAND, OREG., December 1, 1876.

SIR: The special commission on Indian matters, called by telegraphic instructions dated October 13, 1876, to rendezvous at Chicago, Ill., met at the Palmer House in that city on the 17th of that month, all the members being present excepting Bvt. Col. H. Clay Wood, assistant adjutant-general, United States Army, who was in Oregon.

On Wednesday, the 18th, the commission set out for San Francisco, where they arrived the 25th. At that place we received your full instructions, designating the undersigned, "with the approval of the Secretary of the Interior, members of a commission to visit the Nez Percé and other roving bands of Indians in Idaho, Oregon, and Washington Territory, with a view to secure their settlement upon reservations and their early entrance upon a civilized life," and to perform various other duties therein specified. A copy of said instructions is herewith attached, marked A.

October 28 the commission left by steamer for Portland, reaching there November 1, where the commission was organized by the choice of Mr. Jerome as chairman, and Mr. Stickney as secretary. Joined by Colonel Wood the commission left Portland, November 3, and proceeded by steamboat, railroad, and stage, to Lapwai (Nez Percé) Indian agency, 370 miles from Portland, reaching there Tuesday night, November 7.

MEETING AT LAPWAI.

Information of the assembling of the commission at Lapwai, Idaho, on or about November 8, had been seasonably forwarded to Agent Monteith, at Lapwai, with instructions to lose no time in sending for the non-treaty Nez Percé Indians, and especially for Joseph and his band, to be there at that time. A large number of treaty Indians had already arrived from Kamiah and other points, but no reliable tidings had been received from Joseph. The commission busied itself with an examination of the agency-of the improved and unimproved farming-lands in the valleys of the Lapwai and Sweetwater Rivers; questions of encroachment on the reservation by white settlers; obligations of the Government under the treaties not yet discharged, as also in long conference with the friendly or treaty Indians-until November 11th, when it was announced that Joseph and his band had camped on the reservation within seven or eight miles of the ageucy. A call upon him by the chairman of the commission, accompanied by Agent Monteith and interpreter, James Reuben, a Nez Percé, developed the fact that he had come with a considerable portion of his band, by easy stages, and that his business, even now, did not demand haste. An appointment was finally secured for a council to be convened in the church at Lapwai, near the agency, on Monday, November 13, 1876, at 12 m., nearly a week after the arrival of the commissioners.

A few moments before the appointed hour the head of his well-mounted column was seen from the agency turning a point in the road. With military precision and order it massed itself in front of, but at considerable distance from, the church. As he entered the church with his band it was evident that their ranks were considerably swelled by the addition of other prominent non-treaty Indians, as also by some malcontents among those who acknowledged themselves bound by the treaties. The commission occupied the platform of the church. Joseph and his band, sixty or seventy in number, (including malcontents,) after an exchange of salutations by himself and a few of his headmen with the commission, took seats upon our left, the treaty-Indians filling the right and center of the house.

Brief personal introductions by General Howard followed, who also made to Joseph a plain and concise statement of the peaceful errands and objects of the commission.

From the first it was apparent that Joseph was in no haste. Never was the policy of masterly inactivity more fully inaugurated. He answered every salutation, compliment, and expression of good-will, in kind, and duplicated the quantity. An alertness and dexterity in intellectual fencing was exhibited by him that was quite remarkable.

He is in the full vigor of his manhood; six feet tall, straight, well formed, and muscular; his forehead is broad, his perceptive faculties large, his head well formed, his voice musical

and sympathetic, and his expression usually calm and sedate, when animated marked and magnetic. His younger brother, in whose ability he evidently confides-putting him forward much of the time as his advocate-is two inches taller than himself, equally well formed, quite as animated, and perhaps more impassioned in speech, though possibly inferior in judgment.

When, in answer to suggestions and general inquiry, no grievance was stated. the commission plied him with questions touching his occasional occupation of Wallowa Valley, and the irritations and disturbances consequent thereon with the white settlers, he answered, he had not come to talk about land, and added that these white settlers had first informed him of the appointment of this commission, expressing their belief that on its assembling all these troubles would be settled, and they (the whites) would retire from the valley. In this, and the following interviews, which were long drawn out, one of them continuing into the night, Joseph maintained his right to Wallowa Valley, including, as we understood, the tract of country set apart as a reservation for him and his band, by Executive order dated June 16, 1873, and shown in drawing accompanying this report, marked B, and also extending to and including Imnaha Valley, where he and his band spend most of their time. As Joseph did not move upon and occupy this reservation, said order was revoked June 10, 1875. This tract embraces a territory equal to 1,425 square miles, and is larger than the present reservation. Joseph, as will be seen, does not base his claim of right upon the Executive order.

The commission answered that a part of the valley had already been surveyed and opened to settlement; that if, by some arrangement, the white settlers in the valley could be induced to leave it, others would come; that the State of Oregon, in whose territory the valley is located, is inviting the white race from the four corners of the earth to come in and occupy its hills and valleys, and would not be long willing so large a territory should be left to the exclusive (and that but occasional) use of so small a band; and if it were, could hardly prevent the permanent settlement of such immense tracts of land which he and his band merely visit for a brief season annually for hunting and fishing; and that in the conflicts which may arise in the future, as in the past, between him and the whites, the President might not be able to justify or defend him.

As against his claim of right to the valley, the commission stated that under the law of nations the title of our government to this whole country, drained by the Columbia, by right of discovery and occupation, had been admitted by other great nations; that notwithstanding this, the government had always sought to extinguish the Indians' possessory title, whatever that may be; that in respect to this Wallowa Valley, the President claimed that he extinguished the Indian title to it by the treaty of 1863, which bore the signatures of a majority of their chiefs and headmen; but in a spirit of generosity he was disposed, rather than press his rights to issue, to treat for an adjustment of present differences: that owing to the coldness of the climate the Wallowa Valley is not a suitable location for an Indian reservation, and is now in part settled by white squatters for grazing purposes. It is embraced within the limits of the State of Oregon, and the Indians would therefore be under the jurisdiction of the State and local laws. As a general proposition, Indians do not receive, at least from the local officials and State courts, the protection contemplated by the laws, and accorded to the whites. The State of Oregon could not probably be induced to cede the jurisdiction of the valley to the United States for an Indian reservation. Consequently, we suggested a willingness to set apart suitable lands for tillage and pasture för himself and his band upon the present reservation; to aid him in the erection of houses, in fencing their land, in procuring farming implements and other helps to peaceful industries, and to habits of life consonant with the spirit of the age, together with the privileges now enjoyed by the treaty-Indians; and to secure such rights and privileges for fishing and hunting as would be consistent with a settled pastoral, rather than a nomadic life.

The reply to all such suggestions, seriously made and oft repeated both by Joseph and his brother, was to the effect that the "Creative Power," when he made the earth, made no marks, no lines of division or separation upon it, and that it should be allowed to remain as then made. The earth was his mother. He was made of the earth and grew up on its bosom. The earth, as his mother and nurse, was sacred to his affections, too sacred to be valued by or sold for silver and gold. He could not consent to sever his affections from the land that bore him. He was content to live upon such fruits as the "Creative Power" placed within and upon it, and unwilling to barter these and his free habits away for the new modes of life proposed by us. Moreover, the earth carried chieftainship, (which the interpreter explained to mean law, authority, or control,) and therefore to part with the earth would be to part with himself or with his self-control. He asked nothing of the President. He was able to take care of himself. He did not desire Wallowa Valley as a reservation, for that would subject him and his band to the will of and dependence on another, and to laws not of their own making. He was disposed to live peaceably. He and his band had suffered wrong rather than do wrong. One of their number was wickedly slain by a white man during the last summer, but he would not avenge his death. But unavenged by him, the voice of that brother's blood, sanctifying the ground, would call the dust of their fathers back to life, to people the land in protest of this great wrong.

The serious and feeling manner in which he uttered these sentiments was impressive. He was admonished that in taking this position he placed himself in antagonism to the President, whose government extended from ocean to ocean; that if he held to this position, sooner or later there would come an issue, and when it came, as the weaker party, he and his band would go to the wall; that the President was not disposed to deprive him of any just right or govern him by his individual will, but merely subject him to the same just and equal laws by which he himself as well as all his people were ruled.

We pointed him to the fact that the wild, nomadic habits of the Indians cut off most of their offspring in infancy and many of their aged before their time; that warm, permanent homes, comfortable clothing, and better food, made sure at regular seasons, would as certainly promote happiness as they would longevity.

He and his band have fallen under the influence of the "dreamers," (Smohollah,) a modern spiritualistic mysticism, known of late among the Indians of this region, and represented in his band by his "medicine-man" or magician, who is understood to have great power over him and the whole band. We had waited long for his coming, as we thought very needlessly, and did not think it best to wait longer, with hope of shaking his resolve, buttressed, as we knew it to be, in a new-fangled religious delusion and kept alive by a kind of wizard, who allowed no word to enter his ear except also strained through his own.

We thought it best to close the conference, after reading him a formal proposition, as recorded on page 37 of our proceedings, marked C, hereto attached, and leave him to his reflections, with the request that if he came to a better mind he communicate with the agent. (See proposition.)

CAUSE OF TROUBLE WITH THE NON-TREATY INDIANS, INCLUDING JOSEPH AND HIS FOLLOWERS.

The dreamers, among other pernicious doctrines, teach that the earth being created by God complete, should not be disturbed by man, and that any cultivation of the soil or other improvements to interfere with its natural productions, any voluntary submission to the control of the government, any improvement in the way of schools, churches, &c., are crimes from which they shrink. This fanaticism is kept alive by the superstitions of these "dreamers," who industriously teach that, if they continue steadfast in their present belief, a leader will be raised up in the East who will restore all the dead Indians to life, who will unite with them in expelling the whites from their country, when they will again enter upon and repossess the lands of their ancestors.

Influenced by such belief, Joseph and his band firmly declined to enter into any negotiations or make any arrangement that looked to a final settlement of the questions pending between him and the government.

While the commission give all due weight to the precedents and authorities in the government's dealings with Indians, and to the decisions of the Supreme Court of the United States, which recognize an undefined right of occupancy by Indians to large sections of the country, as fully set forth in Colonel Wood's report, (copy on file in the department,) yet in view of the fact that these Indians do not claim simply this, but set up an absolute title to the lands, an absolute and independent sovereignty, and refuse even to be limited in their claim and control; necessity, humanity, and good sense constrain the government to set metes and bounds and give regulations to these non-treaty Indians.

Certainly the fact that Joseph's father, chief of this same band, joined in the treaty of 1855, implied a surrender of any specific rights to any particular portion of the whole reserve, which includes the Wallowa Valley, only retaining an undivided interest. This fact renders the present Joseph's specific claim to even the right of occupancy still more uncertain, and if the principle usually applied by the government of holding that the Indians with whom they have treaties are bound by majorities is here applied, Joseph should be required to live within the limits of the present reservation.

We therefore recommend,

First. That the leaders and teachers of what is known as the "dreamer" belief be required to return to the agencies where they belong forthwith, and in case of refusal that they be removed from further contact with the roaming Indians by immediate transportation to the Indian Territory.

There is at least one such "dreamer" with Joseph's band, to whom reference has been previously made in this report.

Second. With this pregnant cause of trouble thus removed, so long as Joseph and his band remain in the Im-na-ha Valley, and visit the Wallowa Valley for hunting, fishing, and grazing for only a short time in each year, we recommend a speedy military occupancy of the valley by an adequate force to prevent a recurrrence of past difficulties between the whites and the Indians. Meanwhile the agent of the Nez Percés should continue his efforts to settle these Indians in severalty upon the lands of the reservation that are still vacant. Third. Unless they should conclude to settle quietly, as above indicated, within a reason

per my communication to the honorable Commissioner of the 2d of June, 1877. The Indian houses, 15 in number, agency buildings, engine, and some other property, for which I receipted to late Agent Irwin, were found to be in a very bad condition, which in due course of time will be put in proper repair. A considerable quantity of lumber will be required for this and other necessary repairs about the agency. The houses built for the Shoshones by the Government in 1874 are entirely destitute of furniture of any kind save the old-style nine-plate southern-plantation stove. It is desirable that these houses should be made habitable, by supplying them with common pine furniture, which could be done by the agency carpenter, provided we could get the lumber.

The agency warehouse is a very unsafe place to keep such a large amount of stores in as are usually on hand at agencies, being built of cottonwood boards one inch thick, nailed upon end and battened, joining the engine-room and grist mill. The issue-room is a small building, 24 by 18, and will not admit of standing-room inside to persons drawing rations. This works a great hardship upon those who come to receive them, especially so to women, when they are compelled to wait in the cold and storm their turn to be served with food. I respectfully recommend that a suitable building be erected at this agency, which will be at once a safe place to store supplies in and also an issue-room. This would be an act of humanity to the Indians, and relieve the agent of a great d al of anxiety with reference to the security of the property of which he has the care.

The Shoshones are rapidly drifting toward a useful and industrious life. They take to farming and stock-raising quite naturally. It has now been several years since the Shoshones began cultivating the soil in this valley; but each year proved a reverse, the locusts ruining their crops, until the Indians became well-nigh discouraged. It was decided they would not wholly give up the effort, but try again. The preparation for putting in a large crop the present season was therefore abandoned, and but about 100 acres was planted.

The Shoshones number 1,800, and of these about 1,300 have come directly under the influence of the agency. They have 525 acres of land fenced, and at one time had more than 300 acres of land broken by the Government, but truth compels me to state that over onethird of that has now gone back to sod and weeds, so that when the Shoshones are ready to plow again it will be as though it had never been broken. The Indians, however, are not to blame for this "going back," and had it not have been for the terrible plague of locusts, which rendered all their work as nothing, much would have been accomplished by them. Yet the effort made by them has not been barren of results; they have exemplified their willingness to work, and during all their adversity have manifested a courage not more than equaled by the strongest-hearted white man in the land. It requires considerable skill to raise crops by irrigation, but locusts baffle the skill of all. Therefore the progress of the Shoshones has been and will be necessarily slow. I see nothing to inspire the belief that they will become self-sustaining before the end of the next decade. They farm but a small plat of ground each, and that is sufficient to teach them how to grow things. But too much must not be expected from them for a few years; with Indians, more will be gained to "make haste slowly."

But their progress in education should keep even pace with their other attainments. No school has been in session at this agency for several years. A day-school was opened in January, 1872, and continued until December 31, 1874, with, from various causes, occasional intermissions; among others, the fact that wood and grass are scarce about the agency. Wood, especially, must be brought from the mountains, 10 miles away; but the Indians, not having been taught to provide wood for winter use by hauling, prefer to move to where these materials are plentiful, which interferes with the attendance of the children at a dayschool. However, if there should be a manual-labor and boarding school opened for them, I feel sure that many would attend it-enough to warrant the effort and expense-and that it would in time become a great success. I cannot say that the Shoshones have a great liking for the work now, but it is because they have not yet learned to realize the benefits of an education. I think by opening a school among them of the kind suggested a liking for it would soon be created. There is a school-house at the agency, size 32 by 16, made of sawed logs, and supplied with pine benches, heating-stove, books, slates, &c., and will seat 40 scholars comfortably. I am sorry not to be able to report any progress; but where a people pay no regard to educational matters they cannot be considered progressive. I earnestly hope before a great while to have good schools in operation at this agency.

Missionary work has never been undertaken at this agency. The Protestant Episcopal Church assumed the charge of the religious training of the Shoshones. These Indians would listen attentively to religious teaching, and this agency presents a fine field for work of this character, and should by all means be commenced immediately. In 1873 a class of fourteen youths was prepared by the teacher and baptized by the late Bishop Randall the same year. It is desirable that steps be taken to initiate mission-work at this point at as early a day as possible. Many opportunities for doing good have already passed by unimproved. The attention of the proper authorities has frequently been invited to the subject.

Before the provisions of the treaty of 1868 began to be supplied by the Government, the Shoshones followed uo other pursuits or occupation but that of the chase, by which they gained subsistence. The furs and peltry taken by them were bartered for different sorts of ornaments and fancy articles of dress. In manufactures they were also deficient in knowl