COUNCILS AND COMMISSION REPORTS

1859 COUNCILS
JULY 22-23, 1859 COUNCILS

No. 190, Proceedings of Councils Held with the Nez Percés Indians, pp. 786-791.

FRIDAY, July 22, 1859.

Agent Cain. Nez Perces, I meet you here, to-day, to tell you, the great father's red children, the great father's word. The great father has a great many children, both red and white; his heart is warm towards them all alike; he has laws for both, that each may have their rights, and all must obey. The great father never takes anything from his white or red children without paying for it. The great father's white children are an older and wiser people than you, as you can see yourselves, and know the laws, and do not give him much trouble. He sends agents for his red children, to explain his law to them, that they may understand it, and live in friendship with his white children. The great father sent me among you to be your friend, to tell you his word and law, and to write him your words, and what should be done to make you a good and happy people. I will always open my heart to you, and I ask you all to open your hearts to me. If there is anything you do not understand, you must ask me, and I will explain it to your satisfaction.

Four years ago, you made a treaty with Governor Stevens and General Palmer, (the great father's ties,) for the sale of your lands. Governor Stevens and General Palmer told you then the paper would not be good until it was sent to the great father at Washington, and he should say it was good. The paper was sent to the great father, and, while it was on his table, news came that many of his red children were at war. Now, the great father has a great many papers just like yours to attend to, and does nothing without knowing all the facts, and that is the reason he never makes mistakes. It took a long time to learn all about his red children in this country. When he learned all the news, he said your treaty was good. I now tell you that the treaty you made with Governor Stevens and General Palmer is good; and all that was promised you will be done by the great father, and that you must do all that you promised. I will now tell you what is in the paper that was sent to the great father, that those who do not remember it may now understand.

(The stipulations and provisions of the treaty were then explained in detail.)

You have all heard many Indians say that the great father would never pay you for your lands, and that he sent "ties" to have talks and make promises to keep you quiet until there were enough white people here to take your lands from you without paying for them. I will now tell you why the great father makes treaties with you, and you will see that these men who got up wars, and knew so much about the great father, were not wise men, but fools.

The great father has a great many white children. If the grass where you all sit were to represent all of his red children, it would take all the grass in the "Weipe" to represent his white children. He has many thousands of white children who have no lands at all, and they have to work very hard in making all kinds of things to sell that they may buy what they want to eat of those who have lands. Now, when they discovered many years ago that there was a large country this side of the Rocky mountains, with but few people in it, many thousands of them wished to come here because they could get land and live easier, and not have to work so hard. The great father told them his law was that none of his white children should take or buy land from his red children; but he would buy his red children's lands, and, after giving what would answer for them and their children, would sell the balance to his white children. All of the great father's white children have to pay for all the land they get. When the whites commenced coming into this country, he sent "ties" to make treaties with you, that his white children would know what belonged to you, and what could belong to them: you all remember this. You can all see now that the lands you keep, with the mill, shops, and farms, that will be fenced for you, will be worth more to you than all the lands you formerly owned, without the mill, shops, and farms. You all see now that white men are not allowed to live on the lands that the great father says are yours: you have seen white men sent off. You all see now that the great father has but one word all the time.

The council adjourned until next day.

SATURDAY, July 23, 1859.

Agent Cain. Nez Perces: Yesterday I told you the word of the great father; to-day I wish all the chiefs, and any young men who wish, to talk and tell me your minds.

Lawyer, head chief of the Nez Percés nation, spoke as follows: I heard you talk yesterday. I heard what the great father said. He has laws for his white children and for his red children. He says: "my white children must do what is right, and my red children must do the same; that is the law."

The great father tells us his heart through you, and now you have told us all he has to say; it is good. Your law for us is right. I respect the law; my children and young men respect it.

Now, I will tell you my heart; the chiefs are here, and I want them to listen to me. I don't want any of my chiefs and young men to harm the whites; we always were friends, are now and always will be; you all know my heart, it is to do right. That is all I have to say.

(After Lawyer finished, he addressed a few words to his young men, requesting them to come forward and talk: if any were dissatisfied, to say so.)

Spotted Eagle spoke as follows: I listened to your talk yesterday. Lawyer has spoken, he is my chief, and what he said is right.

Uts-sa-mal-ican spoke as follows: I am going to talk. Yes, our great father and you, Mr. Cain, are our friends. You have told us the word from the great father, and we are glad to hear it. What the Lawyer said is my heart. I like your laws, and will respect them as long as I live, and all of my children shall.

Toah-to-mal-wit spoke as follows: I am going to speak. I have been listening to you; what you said is good; our hearts are the same as Lawyer's; he is our head chief.

Squi-Tom spoke as follows: Yes, I am thankful for what I heard yesterday. I heard the word from the great father, through Governor Stevens, four years ago. The Lawyer said he was satisfied. I heard yesterday, about this time of the day, (pointing to the sun,) what you had to say; we all heard you; it was good. I am a friend to the white man; my mind is the same as Lawyer's; what he says is right.

Billy, chief, spoke as follows: Yes, I heard you talk yesterday; I am listening to my chiefs to-day. I have listened to hear what the great father had to say; I am thankful for what he has said; that is my heart. I don't know all of the chiefs' hearts. I have heard you speak, and now I want them all to speak, so that I may know their hearts. That is all I have to say.

Looking-Glass spoke as follows: I am now going to say to you what I said to Governor Stevens, four years ago. I told him the amount of country I wanted, and where it laid, and also what I wanted it for. Governor Stevens said, yes. That is all I said in council. Our treaty was sent to the great father, and he answers it now. He says, yes; his word has come. It is the same as if I had seen the great father and exchanged hearts with him. He says he wants my children to do well; he will take care of them. He talks of this country. I want all of you to talk; all of my young men to talk. I am thankful for the word the great father has sent us."

(He here requested the young men, if any were not satisfied, to say so; that here was the place to talk of these matters.)

Timothy, chief, spoke as follows: I listened to your talk yesterday, and to-day I have listened to the chiefs' talk. Yes, my father at Washington, I know your heart; you have been inquiring after us. It shows you take an interest in our affairs; that is good. We made a treaty with Governor Stevens; you have told us all you are going to do, and all about this country. This reservation is for our children, for we old men will not live long, but our children will, and it is for them. I want the white and red man to live in peace. This is all I have to say.

Joseph, chief, spoke as follows: I want to tell you my heart. I am a red man. I have my own opinion about this country; we should make up our minds before we talk. When we made a treaty with Governor Stevens, the line was drawn; I know where it is; you told us right yesterday; it is as you said. When Governor Stevens made the line, he wanted a certain chain of mountains. I said no, I wanted it to hunt in, not for myself, but for my children; but my word was doubted.

The line was made as I wanted it; not for me, but my children that will follow me; there is where I live, and there is where I want to leave my body. The land on the other side of the line is what we gave to the great father.

You told us yesterday if there is anything we do not understand, you will explain. I will tell you one thing; I have a great many bad young men. I don't want them all to live together in one place; it will not do. We have too many horses and cattle to feed on one piece of land; and I am afraid that my young men and young men of other parties will not get along together. I don't only talk so to-day, but I will tell you the same some other time. We will talk this matter over some other time.

My young men get drunk, quarrel, and fight, and I don't know how to stop it. A great many of my men have been killed by it; and I am afraid of liquor.

I think we cannot all live in one place: it is better for each tribe to live in their own country. We will talk of this matter some other time.

This summer some of my children were mixed up with other tribes, and some of them done wrong; and if the buildings you spoke of, and are mentioned in the treaty, were divided, it would be better for us all. I have told you my mind as it is. I wish you could arrange it so we could live in our own country. I know my young men are wild, and it is better to keep them separated. It is better for all to live as we are. That is all I have to say.

Wers-tas-hut spoke as follows: You know my heart; it is the same as Lawyer's That is all I have to say.

Sho-han-tive spoke as follows: Our chief, Lawyer, has spoken. We have heard the news from the great father. He has answered Governor Stevens' treaty. He says it is good. I am glad to hear it. That is all I have to say.

Quil-quil-sne-ne spoke as follows: These people all know where the land is that is for the white and red man, but I do not know where it is. I know that a line was made between us; that the land on the reservation is ours, and that on the other side belongs to the great father. We all understand what you have said. We all know your law, and you know your laws. We don't know how far the sun is from us; we only know it is a great distance. If any of us do not understand any particular point, we will call on you for an explanation. That is all I have to say.

Wip-usti-mar-na spoke as follows: My chiefs have talked; we all heard what they said. Mr. Craig knows my heart. I heard the chiefs talk. My heart is the same as theirs. I do not want to violate any of the laws. That's all I have to say.

Scin-tle-poo spoke as follows: My chiefs have talked. My heart is the same as theirs. What you have told us is good. That is my heart. The chiefs say, yes. I say none of the great father's laws shall be violated. The treaty is good; our chiefs say so, and it must be so. That is all I have to say.

E-yem-mo-mo-kin: Yes, my friends, I heard my name called yesterday, on the list of signers of the treaty. Now, I am going to talk. I am an old man; you told us yesterday that we old men will die on our own lands, and I thank you, my white friend. I am glad to hear from our great father, and to know that he will provide for our children that will follow us. It makes my heart good.

I want them to take hold of hands and never let go. We have taken your hands, my white friend, and I hope we will never part. I have heard the Lawyer and others talk, and my heart is the same as theirs.

Wen-men-to-kie-kiet: You know my heart. I won't throw away one word. You are right and we wrong. The great father, you, and our chiefs are talking. You will know all to-day. I am not angry. You have a right to ask if our hearts are all good. I am not angry at that. You want to do what is right. I will tell you about the land; this is ours, and that is yours. We all know the great father, and you know him. I am a red man, and not old. I did not expect to speak to-day, but my heart told me I must. I will not steal from any white man. I have always been a friend to the white man, and will be. I will tell you, my people, my heart. You are listening now. I am a friend to the great father. I have come to hear all the news. He says, I am a friend to my red children; I will take care of them. That is the truth, I am satisfied. The word from the great father is good. My heart is glad. That is all.

To-wesh-pein: I am going to talk. The great father says he is our friend. I am satisfied at that. My chiefs have talked; my heart is the same as theirs. That is all.

Looking-glass's son: We are all right, that is my heart. We are glad to have the old men talk. You say no one is allowed to come on our land. You come to know our hearts. Our hearts will be good, when we get what is promised in the treaty. Some of the young men's hearts are not good, but I think they will be. I am not talking to my chiefs, but to the young men. That's all.

Wis-la-ma-ka: I told you my heart at Walla-Walla, a long time ago. I heard the law when Lewis and Clark come through here. They told me, and I have always been a friend to the white man. When they first came here, my chiefs took their hands. Now, my chief is dead; and I expect they are. What Lawyer said is all our hearts; you are our friends. That's all I have to say.

Richard: We know that the great father is our friend, and will help us do what is right. What you said, Mr. Cain, about the liquor is right. What Joseph said is right. I am glad to hear the news.

Jessee: A great many of my people have died with the small-pox; but I think they will increase, and be as numerous as ever. That is all.

Agent A. J. Cain spoke: I have heard Joseph talk, and my heart is glad. His talk is that of a wise man. I have never seen your country, and my mind is the same as his about how you all should be situated on your reservation. You should, each of you, have your farms and gardens, which would belong to you, and which you would work yourselves; and those that would not work would have nothing to eat during the winter.

Pen-pen-hi-hi or White Bird: You spoke yesterday; we are talking to-day. This is the first time I have spoken. I am glad to hear the news, also that everything will be right. After awhile we will go to work with our hearts and hands.

Hes-a-ki-ah or Five-crows: I will talk where I sit; you can hear me. I am glad to hear you talk: the reservation in made. It is all right. Our hearts are glad. This is our country. I will say no more.

Agent A. J. Cain spoke: Ne[z] Percés, I have heard you talk to-day. Your talk is good, and the great father's heart will be glad. I have seen you all, know you; you have all seen me, and know me. We will talk about how the houses, mills, and farms, are to be fixed at another time. It is not best to talk of too many things at once, or to do things in a hurry. Next year is as soon as anything can be done.

A. J. CAIN,

Indian agent, Washington Territory.