[From Annual Report of the Commissioner of Indian Affairs, 1865, pp. 14-19]

NEVADA.

            Indian Affairs in Nevada, or rather our advices in regard to them, have been and are in a very unsatisfactory condition.

REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. 15

            Since the last annual report of Governor Nye, ex-officio superintendent, we are almost without a word of information in regard to the condition of the Indians of that State. It was not until July last a superintendent was appointed, and the appointee, Hubbard G. Parker, esq., did not enter upon his duties until September. The goods for the Nevada Indiana were forwarded last spring, with the expectation that they would be taken in charge and distributed by Agent Lockhart, who was at Carson City, to which place they were shipped. The appearance in this city of Agent Lockhart in June, and his subsequent resignation, disappointed this hope; for Mr. Burch, the local agent at Ruby valley, had also left his post, or resigned, and no person was left in Nevada to attend to Indian affairs. Senator Nye, who, as governor and superintendent ex-officio, had been very successful in his administration of Indian affairs, was appealed to to assist, so far as he could make it convenient, in regard to several matters of importance; and, although no advices have been received, I entertain some confidence that the interests of the service have not seriously suffered. There has been, from the first, very little difficulty with the Indians of Nevada, partly because they are a very peaceable people, and partly because of the judicious course taken by Governor Nye in establishing efficient special agencies to look after them, and prevent difficulties and disturbances, rather than to await their occurrence.

            Agent Lockhart had general charge of the Indians, branches of the Pai-utes, and a portion of them known as the Carson valley Indians, who had reservations surveyed in the western part of Nevada, including Walker lake and Pyramid lake; and a smaller reservation for a farm and mill and timber had been selected on the Truckee river. Last year the necessary expenditures for this mill and for an irrigating ditch for the farm had been made, but the failure of water in the river disappointed for a time the hopes raised as to both mill and farm.

            I cannot dismiss with this brief reference the subject of this mill and reservation. The reservation was selected with a view to give the Indians a home, and to furnish, in its very valuable timber, stock for the costly mill to be erected upon it. To justify such a cost (about $25,000, including stock of logs already cut) it was undoubtedly contemplated that, beyond the very moderate wants of the Indians in the way of lumber for houses, sales of lumber to a large amount were to be made for the benefit of the Indians of the agency. I know not what other object there could have been for either reservation or mill.

            From papers in this office, both original and copies from the files of the department proper, it appears that, under date of March 31, 1865, a letter of instructions was given by your predecessor to Clark W. Thompson, then superintendent of Indian affairs for the northern superintendency, to sell this mill in Nevada; a blank contract for the sale accompanying the instructions. I refer to both of these documents as published among the papers accompanying this report. The reasons for the sale, as stated in Secretary Usher's letter, were briefly these: That the Pacific railroad would pass near the site of the mill, and make the locality unfit for an Indian reservation; and that the expense of the mill having been greater than was expected, and it being considered injurious to the Indians and the public interests to have the Indians so near to the " settlements attending the construction of the railroad," it was contemplated to reduce the reservation by about five miles, " which would make it proper and necessary to sell the mill property." A Mr. W. N. Leet was suggested as a person who would be likely to purchase the mill, and Mr. Thompson was authorised to execute a contract on the part of government with the purchaser. The contract enclosed provided for the sale of the mill, with all the logs then cut upon the reservation, and the privilege of cutting logs upon the even-numbered sections of the reservation for ten years, paying for the whole $30,000 in lumber, delivered at the mill, at the lowest cash prices prevailing at the time of delivery, and in instalments of $5,000 for the first year, and $2,500 for the succeeding ten years.

16 REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS .

            This contract was executed by Mr. Thompson and Mr. Leet on the 27th day of May, 1865, and a copy, one of three originals, only reached this office from Mr. Thompson in the month of August, just before I left this city on public business. I at once disapproved the contract, and directed Mr. Leet to be informed of such disapproval. But, upon more careful examination since my return, I am satisfied that in case you concur in my views of the nature of the transaction, some active steps should be taken to prevent a gross injustice.

            I cannot see, in the letter of instructions referred to, any satisfactory reasons for selling the mill. On the contrary, the fact that it had cost a great deal of money appears to me the greater reason why it should have been put at work at the earliest day possible, for the benefit of the agency, upon the large stock of logs already provided. Neither can I appreciate the reasoning in the case of the Indians referred to, (however it might apply to others,) that they should be required to remove back from the line of the railroad. On the contrary, being willing to labor, as was shown by their industry in constructing the irrigating canal referred to above, they could have secured employment for a long time upon the railroad work. The sale appears to me to amount to little more than giving Mr. Leet the mill, with timber of immense value with which to run it for ten years. But, even if it had been proper to make this sale, it seems strange that a superintendent should be sent from Minnesota, where his services were needed, to Nevada, at great expense, to effect it, when it could have been done as well by the agent at Carson City, or the superintendent, of California. I confess that I am groping somewhat in the dark in considering this subject, but I am sure I cannot be wrong in checking the consummation of the project; and I have instructed the superintendent to take immediate possession of the mill and logs, and all property purporting to have been sold; and, unless otherwise directed by your department, I shall in no manner recognize this singular transaction.

            Special Agent Burch, who had charge of the Humboldt and other Indians, with agency at Ruby valley, gave assurance last year, on the part of his Indians, (numbering about two thousand,) and of the Pannakies, further to the north, that they would not molest the travellers who were expected to crowd the emigrant routes from California to Idaho and Montana, and it is presumed that they have kept their promise, as no complaints have reached this office.

            When Agent Lockhart was here he represented that a portion of the Carson Valley Indians, who had given up their lands without receiving any consideration therefor, and who were peaceable and industrious, obtaining their living by labor about the towns and diggings, asked that a small tract of land might be given them, upon which they might have a right to settle their families, as they had not a foot of land of which they had an unmolested occupation. This modest request was granted, and action taken by requesting Governor Nye to make the necessary selections, the department also directing the selections thus made to be respected at the district land office.

            Allusion is elsewhere made to the fact that the Pai-Utes, to whom Mr. Sales was sent as special agent by Superintendent Irish, of Utah, at the instance of settlers in Meadow valley and the vicinity, were, by the placing of the boundary of Nevada one degree further east, thrown mostly into Nevada. Meadow valley is in Nevada, and is understood to be the centre of a rich mining district, where, if we are to credit the accounts given to Mr. Sales, fabulous amounts of gold and silver are to be found. By what routes the hardy and adventurous miners have found their way thither does not appear, though it was Mr. Lock-hart's opinion that they had come from the northwest, by way of Esmeralda. It seemed very desirable, in order to prevent difficulty between the settlers and the Indians, that a special agency should be established at or near Meadow valley, but it was impossible to decide whether, for facility of communication, the agency should report through Utah eastward, or through Nevada, via San

REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. 17

Francisco. Superintendent Irish thought that it should report through him, while Mr. Lockhart thought that communication would be more certain and speedy through Esmeralda and Carson City.

            Into this subject, as well as in relation to the other matters concerning Indian affairs in Nevada, Superintendent Parker has been directed to make immediate inquiry and to report as soon as possible. His report will be laid before you when received, and it can then be decided what is necessary to be done for the Indians of that State.

            It has been ascertained that certain packages of goods destined for Nevada, amounting in value to about $4,600, and which, if sent by the best route, should have reached their destination in time to be distributed to the Indians early this fall, were sent to Nebraska City for transportation overland, and by some blunder, the responsibility for which this office has not yet been able to fix, were left behind by the contractor for transportation. As soon as this fact was discovered, steps were taken to place these goods in the hands of Superintendent Murphy, of the central superintendency, and it is proposed to use them for the Indians of that or neighboring superintendencies, and make their equivalent value available for Nevada. The total population of the Indians in Nevada, aside from those whose range extends into that State, but who have been estimated in other superintendencies, is supposed to be about 8,500.

UTAH.

            We obtain from the annual report of Superintendent Irish a clearer idea of the numbers, location, character, and condition of the Indians of Utah Territory than has heretofore seen furnished. They may be classified as follows :

            Eastern Bands of Shoshonees and mixed bands of Bannacks and Shoshonees, numbering about 4,000, under the chief Washakee, a true friend of the whites. They range through northeastern Utah and southeastern Idaho; were parties to the treaty of July, 1863; regard the Wind River region in Idaho and the country about the upper waters of the North Platte as their residence, and desire a reservation there. Governor Lyon, of Idaho, will probably make a treaty with them for the purpose.

            Northwestern Shoshonees, numbering 1,500, ranging about sundry valleys in and near the Goose Creek mountains, but being mostly in Idaho; were parties to the treaty of Box Elder of July, 1863; are poor, and suffered from hunger last winter, but kept their promises, and did not disturb the emigrant routes. The superintendent assisted them to a small extent, and secured employment for many of them as herdsmen.

            Goships, (or Gosha-Utes,) numbering about 800, ranging west of Salt lake, were parties to the treaty of Tuilla Valley of October, 1863; are very poor; and depend for subsistence upon roots and nuts, and their resources are disappearing as the white population advances. The treaty provides a yearly present of $1,000 in goods or provisions, and the superintendent says this amount should be considerably increased.

            Weber-Utes, numbering eight hundred, living in the Salt Lake, Weber, and Ogden valleys, and in the neighborhood of the towns. They are a mixture of Utes and Shoshonees, and are represented as an idle, shiftless, and vagabond tribe, giving much trouble by petty depredations.

            Utahs.--These are divided into several bands, as follows :

            Timpanogs, a small band of three hundred, inhabiting the Utah valley and neighboring mountains.

            Uintah Valley Indians, numbering three thousand, occupying northeastern Utah and the Green River country.

            Pah- Vants, numbering fifteen hundred, and ranging through Pah-Vant and Sevier valleys, and west to the White mountains. A very favorable account is given of them. Their most influential chief, Konosh, has induced them to pay

18 REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS.

attention to farming, and his good offices will be availed of to induce a more ready compliance with the policy of the department, in the removal of all the Utahs to the Uintah Valley reservation.

            San Pitches, numbering about 500, and live in the San Pitch valley and along the Sevier river. They are very poor, and live upon fish, roots, nuts, &c.

            Besides the above Utahs, there is a large number of Indians, estimated at 6,000, called the Pi-Edes, allied in language to the Utahs, but very poor, and obtaining a precarious living upon a barren region in the southern part of the Territory. They cultivate here and there a few patches of grain or vegetables, but are often reduced for subsistence even to feed on lizards, toads, and insects. The superintendent hopes to induce them to accept a better home upon the Uintah Valley reservation, as soon as the preparations at that point are sufficiently advanced.

            The Pah- Utes, who formerly constituted a considerable portion of the Indian population of Utah, have, by the late change in the boundary between this Territory and Nevada, been thrown for the most part into that State, although they have been visited and looked after by Special Agent Sales, sent to them by Superintendent Irish, at the urgent appeal of citizens, indorsed by the late governor, Hon. J. D. Doty. In Governor Doty this office has lost an able and willing adviser and efficient aid in developing its policy and obtaining an influence over the Indians; while the latter, as well as the white settlers, have lost a true friend.

            Governor Doty returned to this office, under date of 18th of November, 1864 the treaties with the northwest Shoshonees and the Shoshonee Goships, with the amendment of the Senate ratified, and those treaties have been proclaimed; but he was not able to get the northeast Shoshonees and mixed Bannacks and Shoshonees together.

            Much correspondence has taken place between the superintendent and this office in relation to the proper plans to be pursued in regard to preparing the Uintah Valley reservation for a home for all the Utahs who can be induced to remove to it, but not much has been done until recently towards accomplishing the desired end. Both the superintendent and Agent Kinney presented plans for the expenditure of the appropriation for the purpose made by Congress, but both, especially the latter, contemplated the use of a considerable part of the funds in expenses of removal, or clothing, or subsistence.

            As the decision of Secretary Usher was that no portion of the funds could be used for these purposes, and that they could only be used in preparing the reservation to receive the Indians, it was deemed advisable to expend the funds in such preparations no faster than there was a reasonable hope of getting the Indians to avail themselves of the advantages offered to them; the theory adopted being that after a portion of the Indians had removed to the reservation their labor could be availed of to assist those who were to follow, and thus a large expenditure for labor be saved to the government. I am now inclined to think that perhaps it would have been well to push these preparations forward more vigorously, as it would seem from Superintendent Irish's special report relative to the treaty referred to below, that the Indians show much more willingness to remove than was expected. Agent Kinney has gone upon the reservation, and a full report from him was expected, but has failed to arrive. The examination made of the Uintah valley, which is ample in extent for all of the Utahs, showed it to be abundantly fertile, well timbered and well watered, and measures have been taken to warn all white persons away from the tract reserved. The people of Utah have been anxious to obtain possession of the several small reservations heretofore withheld from sale, particularly the one at Spanish Fork, none of them being at present occupied and cultivated by or for the benefit of the Indians. The superintendent represented that, as to some of these reservations, the Indians objected to their survey and sale till they were paid for them

REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. 19

or provided for elsewhere; and, at all events, suggested that their consent ought first to be obtained before any survey should be made. The subject having been submitted to your department, it was determined that an attempt should be made to obtain the formal consent of all of the Utah bands, on consideration of substantial and permanent benefits to be received, to remove to the Uintah valley, and cede their right of occupancy of all other lands in the Territory. Accordingly, instructions to this end were sent to Superintendent Irish in the spring ; and during the month of June he succeeded in convening the leading men of the tribes at Spanish Fork, and making a treaty which has received the assent of all the Utah bands above named, and which has been recently laid before you. The superintendent's interesting report, which accompanied the treaty, gives ground for hope that a great work is well-nigh accomplished for the Territory, in throwing its lands open to settlement, as well as for the Indians, in providing for them a comfortable home.

            The treaty cedes nearly the whole of Utah Territory, excepting only the Uintah valley, and a strip along the southern end of the Territory, and if the superintendent is successful in his attempt to bring the Pi-Edes to agree to the treaty, that strip also will be ceded. It may be observed by those critical in geographical lines that the northwestern part of Utah is also covered by claims made by different bands of Shoshonees in the treaties of amity with them ; but as the last-named tribe; will soon be under treaty in Idaho, where they properly belong, no conflict of jurisdiction is likely to arise.

            I recommend that medals and presents be given to Washakee, chief of the northeast Shoshonees, and to Konosh, chief of the Pah-Vants, as a special testimonial of appreciation by the department of their good conduct and good influence over their people. Washakee recently asked permission to take part in the campaign against the western Sioux, and this was granted, subject to the arrangements to be made with the military commander of the district of the Upper Platte.

            There has been, as appears from the superintendent's report, considerable uneasy feeling among all the Utah Indians, resulting from representations made to them by disloyal whites as well as by Indians, that the white troops were not succeeding in their campaign against the Sioux, who were represented as fighting for the rights of the whole red race, and to save themselves from extermination. Still farther cause of dissatisfaction occurred in the delays incident upon the delivery of the goods promised to the Indians, which delay was caused by the goods being turned back by the military officers in command along the overland route, after having been started in good season from Nebraska City; but in spite of these untoward circumstances the Indians have behaved remarkably well.

            The superintendent suggests that hereafter the goods be forwarded over the plains by mule trains, instead of by oxen, so that, by being started in good season, they may with some degree of certainty be expected to arrive at their destination in time to be distributed to the Indians before they leave for their winter hunt.

__________

 

[Annual Report of the Commissioner of Indian Affairs, 1865, pp. 29-30]

IDAHO.

            This office has been without authentic intelligence in regard to Indian affairs in this new Territory for many months, sundry reports forwarded by Governor Lyon, ex officio superintendent, having failed to come to hand. But one agent has been on duty in the Territory, Mr. O'Neill, in charge of the Nez Percés, a large and friendly tribe, numbering 2,830 by a late census, and located in various bands within seventy-five miles of the agency. Through failure of the mails, Mr. O'Neill's bond, which had been forwarded by Governor Lyon, did not reach this office, and no funds could be forwarded to him for the necessary expenditures under the treaty with those Indiana. Much dissatisfaction was the necessary result ; but through the influence of Lawyer, the faithful head chief, the efforts of those anxious to commence hostilities have been defeated, and no outbreak had occurred at the latest dates. The causes of dissatisfaction have certainly been great. The first treaty made with these Indians. which was satisfactory to them, had been superseded by another, made by Superintendent Hale, of Oregon, of which Idaho was formerly a part, and this has not yet been ratified by the Senate. Meantime the promised payments under the first treaty were delayed, and disloyal persons were not wanting to persuade the Indians that the government was acting in bad faith towards them. However, as stated above, the efforts of the head chief, Lawyer, and others, with those of the agent, were successful in preventing any outbreak, and funds have recently been forwarded to make the deferred payments. Agent O'Neill's report sets forth the condition of things among these Indians very clearly.

            The rapid increase of the white population, now numbering, by Governor Lyon's estimate, nearly fifty thousand in the Territory, and the influx of a mining population, extending their prospecting tours in every direction, has still further tended to render it difficult to preserve peace.

30 REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS.

            Advantage has been taken of Governor Lyon's recent visit to this city to obtain much valuable information in regard to the Indians of Idaho, and he has returned with funds to pay the sums past due under treaty stipulations with the Nez Percés, and with authority to conclude a new treaty with that tribe, which, it is hoped, will reach this city in time to be ratified by the Senate instead of the one now before that body. Authority bas also been given to Governor Lyon to conclude a treaty, if possible, with the Kootenais and Coeur d' Alene Indians in the extreme northern part of Idaho, and it is expected that very large tracts of mining and agricultural land will be opened to the public by these treaties, while the Indians will be rendered secure from molestation upon their diminished reserves. From the report of Agent Hutchins, of Montana, it would appear doubtful whether many of the Kootenais, beyond those who are already included within the provisions of the Flathead treaty, can justly claim any rights this side of the British line, and the attention of Governor Lyon will be called to this point.

            In the course of the governor's extended tour through the Territory, he met, at a point not very far distant from the present capital, Boise City, the chiefs of the Boise Shoshonees, and made with them a kind of preliminary treaty agreement, by which the Indians freed, on the fulfilment by the government of certain rather loosely defined conditions, to cede to the United states an extent of country estimated at many millions of acres, and comprising a large part of southern Idaho, and to concentrate upon a reservation of moderate dimensions. This treaty not being in a condition for submission to the Senate, authority has been given to Governor Lyon to conclude a formal treaty with the tribe referred to, upon the general basis of the arrangement above mentioned.

            In the region about Fort Hall, in southeastern Idaho, and bordering upon and occupying the northern part of Utah, so far as their limited numbers and migratory habits allow them to occupy any territory, is another band of Shoshonees, understood to be one of those with whom the late Governor Doty concluded treaties of amity, providing for unmolested travel through the country by the whites, and a small annual payment by government to offset the necessary limitation of the means of subsistence of the Indians, resulting from the driving off of game and destruction of nut-bearing trees, &c. These Indians are called by Governor Lyon the Kammas Prairie tribe, and are represented by him as desirous of being concentrated upon a reservation of limited extent; and the necessary powers for the purpose have been given to him.

            The Nez Percés are supposed to number about forty-five hundred, the Coeur d'Alenes, Kootenais, &c., some two thousand, the Boise Shoshonees one thousand, and the Kammas Prairie Indians about two thousand ; and if the proposed arrangements with these tribes are successfully made, the whole Territory of Idaho will be thrown open to settlement, except the limited reservations above referred to.

            New mail routes have just been opened, greatly facilitating the communications between the capital of Idaho and San Francisco, and this will probably be for some time to come the shortest route for letters and supplies.

__________

[Annual Report of the Commissioner of Indian Affairs, 1865, p. 55]

            The large emigration to the western Territories, caused by the development of the great mineral wealth of those regions, is fast circumscribing the range of the Indians and driving them from their ancient hunting-grounds. The expense of taking care of the Indians, and maintaining peace between them and the settlers, is thus necessarily much increased, and the amounts appropriated for the current fiscal year for some of the Territories will fall short of the necessities of the service. In the case of Utah, I found, on assuming my position here, that the entire amount appropriated for general and incidental expenses there had been exhausted, and over $3,000 had been expended in excess of the appropriation; and of the appropriation of $25,000 for Nevada, but $4,921 93 remained on hand at the beginning of the fiscal year. In both these cases, too, there are claims outstanding which the department has not the means to pay.

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[Annual Report of the Commissioner of Indian Affairs, 1865, pp. 141-160]

NEVADA SUPERINTENDENCY.    141

NEVADA SUPERINTENDENCY.

No. 26.

DEPARTMENT OF THE INTERIOR,

Washington, D. C, March 31, 1865.

            SIR: The department has determined to avail of your services in the transaction of business connected with the Indian service of Nevada.

            A reservation for the Indians was made at Pyramid lake, extending to the great bend of the Truckee river, near which it was designed to erect a mill for the purpose of sawing lumber and for other purposes, for the benefit of the Indians. It is now ascertained that the mill has only been partially constructed, and that the expense attending the mill and the cutting timber for logs amounts to $19,049 22, and that there are incidental expenses connected with the enterprise which will increase the charge upon the government at least $5,000, making the entire outlay connected with the matter, in round numbers, say at least $25,000. It is also ascertained that the line of the Pacific railroad will pass along near the site of the mill, and so make the immediate locality unsuitable for an Indian reservation.

            It has been represented to the department that the mill, when erected, will be very valuable, if there be connected with it the right to cut timber on the reservation up to the Truckee river to supply the mill with stock for sawing. The expense attending this enterprise having been so much greater than was anticipated, and the prospect of the Indians being brought into proximity with the settlements attending the construction of the railroad likely to be injurious to them and detrimental to the public interests, it is contemplated reducing the reservation some six miles from the great bend of the Truckee river, which will make it proper and necessary to sell the mill-property; in doing which it is desirable that the object, the erecting of the mill, shall not be lost sight of, and that the Indians should be supplied with lumber to enable them to build houses, fences, &c., upon their lands. Mr. William N. Leet has been suggested as a proper person to undertake to carry out the objects of the government in this particular, and who would he likely to purchase the property upon such terms as will save the government its outlay.

            A blank contract has been prepared to accompany these instructions, which, if Mr. Leet, or other responsible person will, with security, execute, you are authorized to execute on the part of the government, in triplicate; forward one copy to the Commissioner of Indian Affairs for the files of this department; one you will deliver to the agent, and one to Mr. Leet, and report your proceedings in the premises.

            You will be allowed your actual expenses in attending to this business, of which you will keep an accurate account to be submitted to the department.

            Very respectfully,

J. P. USHER, Secretary.

CLARK W. THOMPSON, Esq., Washington, D. C.

            P. S.—The sum mentioned in the blank contract is the minimum price for which you are authorized to dispose of the property. If more can be had of responsible parties, of course you will accept the better offer; and if you cannot dispose of it within your instructions, you will adopt the best means for its preservation and use, as your judgment may dictate, and report for further instructions.

J. P. USHER.

142      UTAH SUPERINTENDENCY.

No. 27.

Copy of contract.

            This contract, made and entered into at Virginia City, Nevada, by and between Clark W. Thompson, superintendent of Indian affairs, acting under the direction of the Secretary of the Interior, on the part of the United States, and William N. Leet, of Gold Hill, Nevada, on the other part: witnesseth: That the said Clark W. Thompson, superintendent, &c., for the United States, has sold and does hereby sell unto the said William N. Leet the saw-mill and all the machinery and apparatus pertaining thereto, situated upon the mill reservation at the great bend of the Truckee river in the State of Nevada, and also all the logs and lumber at the said mill, and the logs now cut upon the Indian reservation as stock for said mill; in consideration whereof the said William N. Leet agrees to pay or cause to be paid to the United States agent for the Indians in Nevada the sum of thirty thousand dollars in lumber, delivered at said mill ready for transportation, as follows: five thousand dollars on or before the first day of October, A. D. 1865, and twenty-five hundred dollars each year thereafter for ten years, on or before the first day of October in each of said years.

            The lumber so delivered under this contract shall be of such description as may be required by said Indian agent for the use of said Indians, and shall be rated at the lowest cash prices prevailing at said mill for the various kinds at the time of delivery.

            It is further agreed that the said William N. Leet shall have the privilege of cutting timber for said mill, during the said period of ten years, from the lands embraced within the even-numbered sections in the timber reservation on the said Truckee river that has been established by order of the President of the United States; and should the said William N. Leet at any time fail to deliver lumber to the said Indian agent according to this contract, when required so to do, the said privilege of cutting timber from the Indian reservation shall thereafter cease and determine; but the said William N. Leet and his sureties shall not thereby be released from liability to the United States arising out of his failure to fulfil the stipulation of this contract.

            The said William N. Leet hereby covenants and agrees to give good and sufficient security to the United States for the full and faithful performance of this contract, which said security shall be approved by the United States district judge for the district of Nevada before possession of the premises is delivered up by the United States.

            In witness whereof, we have hereunto set our hands and seals this twenty-seventh day of May, A. D. eighteen hundred and sixty-five.

CLARK W. THOMPSON. [L. S.]

WILLIAM N. LEET. [L. S.]

Signed in triplicate in presence of—

CHARLES E. CLOYES.

__________

UTAH SUPERINTENDENCY.

No. 28.

SUPERINTENDENCY OF INDIAN AFFAIRS,

Great Salt Lake City, U. T., September 9, 1865.

            SIR: I have the honor to submit my annual report of the general condition of Indian affairs within the Utah superintendency for the past year.

            The tribes included within this superintendency are the eastern and north-

UTAH SUPERINTENDENCY.         143

western bands of Shoshonees and the mixed bands of Bannacks and Shoshonees, the Goships, the Cum-umbahs, the Utahs, Utes, Pah Vants, Pi Edes, and Pah Utes.

THE SHOSHONEES.

            The eastern bands of Shoshonees and mixed bands of Bannacks and Shoshonees number upwards of four thousand souls. These bands are under the control of Wash-a-kee, the finest appearing Indian I have ever seen. He is justly regarded as a firm friend of the government and the whites, and steadily refuses to hold communication with bad Indians. He offered his services with his warriors to fight against the hostile Indians on the plains, as I informed you by letter of the 4th ultimo.

            The treaty negotiated by Governor Doty, at Fort Bridger, on the 2d day of July, 1863, was with the eastern bands of the Shoshonee Indians.

            The treaty negotiated at Soda Springs on the fourteenth day of October, of the same year, was with the mixed bands of the Bannacks and Shoshonees, in which it was agreed that the latter bands should share in the annuity provided for by the Fort Bridger treaty with the eastern bands. These Indians have not, since the making of the treaties referred to, received their presents as promptly as they expected them, owing to the burning of some of the goods on the plains, and the lateness of the season when the balance were received for last year, it being after most of the Indians had gone on their winter hunt. This year, all but the old men and some of the women and children have gone on the hunt without their presents, for fear they would suffer the same disappointment as last year, the goods not having come to hand yet, and there being no prospect of their arrival until the snow falls in the mountains. These bands range through the northeastern portion of Utah Territory and that portion of southern Idaho lying along and south of Snake river. They generally inhabit the Wind River country and the headwaters of the North Platte and Missouri Rivers. Their principal subsistence is the buffalo, which they hunt during the fall, winter and spring, on which they subsist during that time, and return in the summer to Fort Bridger and Great Salt Lake City to trade their robes, furs, &c., for such articles as they desire and can obtain in the market. The only portion of their country suited for agricultural purposes is Wind River valley, in which they are desirous that government should set aside a reservation for them.

            These Indians do not properly belong to this superintendency, their country being north and northeast of Utah, principally in Idaho Territory and Wyoming, (now attached to Dakota.) With their agency located in Wind River valley, as they desire it should be, they would remain away from the white settlements, the mail and telegraph lines. They have repeatedly asked that this should be done. The reports of Agent Mann of last year, concurred in by the superintendent, recommended a compliance with their wishes.

THE NORTHWESTERN SHOSHONEES.

            There are three bands of Indians known as the northwestern bands of the Shoshonees, commanded by three chiefs, Pocatello, Black Beard, and San Pitch, not under the control of Wash-a-kee ; they are very poor, and number about fifteen hundred; they range through the Bear River lake, Cache and Malade valleys, and Goose Creek mountains, Idaho Territory, and should be under charge of the superintendent of Indian affairs for that Territory. They come into Box Elder and the northern settlements, within this Territory, for the purpose of living off the people, but their country is almost entirely outside of our limits.

144      UTAH SUPERINTENDENCY.

            Governor Doty negotiated a treaty with them at Box Elder, Utah, on the 30th day of July, 1863, by which the government agreed to pay them yearly annuity of five thousand dollars ($5,000.) They have kept the treaty, as a general thing; but, owing to their country being so much of it occupied by the whites, the game almost entirely destroyed and driven away, they suffer frequently from hunger, and I have been compelled to assist them a great deal during the past winter, or else they might have felt themselves compelled to commit depredations upon the stock of settlers in order to keep themselves and families from starving.

            I made an arrangement early in the winter with the leading citizens of the northern portion of the Territory to employ chief Black Beard and his band to herd their cattle, and pay him in flour and beef. This, with relief I furnished enabled them to get through the winter.

            But they should be attached to an agency in Idaho, and instructed in farming. They would like a reservation on the Snake river, in the southwestern corner of Idaho. Though they are called Shoshonees, they are an entirely separate and distinct people from those under the control of Wash-akee, and while they are friendly they are not disposed to associate together.

THE GOSHIPS, OR GOSHA UTES,

            Are a band ranging through Utah, west of Salt lake. They talk very nearly the Shoshonee language, but are a separate and distinct band, under the control of chief Tabby, (the Sun,) and a number of sub-chiefs. They number about eight hundred. They have neither horses nor guns. They are exceedingly poor, and subsist almost entirely upon pine-nuts, roots, and fish, and during the inclement season of the year are dependent upon what assistance we can give to keep them from starvation. Last winter I made an arrangement by which they assisted in supporting themselves, by inducing the settlers in that portion of the Territory to employ them as herdsmen. Tabby and Dick Moni, chiefs, with their families, were thus employed, and but for this arrangement, with the very limited resources at my command, they must have perished or lived by plunder.

            The treaty concluded at Tuilla valley on the twelfth day of October, 1863, was with these Indians. It provided for an annuity of one thousand (1,000) dollars. It is not enough, as Governor Doty advised the department in his report accompanying it. It ought to be increased to five thousand dollars, (5,000,) in order [to] give these Indians the assistance they require. As it is, they draw heavily upon the funds remitted for the general purposes of the superintendency. I may say, here, that I have found the Mormons very willing to co-operate as far as they could in these efforts for the relief of the Indians.

            There will be no difficulty in inducing the larger portions of the Goship Indians to become herdsmen, for which employment they show much aptitude.

THE CUM-UMBAHS, (OR WEBER UTES.)

            This is a band controlled by chiefs Amoosh, Tetich, and To-tads, (Little Soldier,) with two or three sub-chiefs. They are mixed-bloods of the Utes and Shoshonees, and range in the region of Salt lake, Weber and Ogden valleys, in northern Utah, and number about eight hundred. They have been accustomed to lounge around the superintendency, and live by begging and pilfering from the settlers, and are the most troublesome and worthless of our Indians, having apparently no ambition to better their condition.

            The country heretofore occupied by them is now thickly settled by whites, and there being no game for them to hunt, and not being disposed to work,

UTAH SUPERINTENDENCY.         145

they require a support from the people and the government, and insist upon it, and if they do not get it, manage to make their anger felt, and exert a bad influence upon other bands of Indians. They are the most difficult Indians we have to deal with, and will be the last to remove to Uintah and enter upon industrial pursuits. They were represented at the Spanish Fork council with the Indians of Utah Territory, and came under the provisions of the treaty concluded on the eighth of June last; yet quite a large number of them declare their unwillingness to remove. They will, however, I think, submit to the policy of government without the employment of force, when they find that we are in earnest in requiring it, and will not help them here, and show by actual demonstration that the Indians in the Uintah Valley have bettered their condition.

THE UTAHS.

            The Utahs are composed of several bands, the most important being known as the Tim-pa-nogs, Uintahs, Pah-Vants, and San-pitches. The first, controlled by chief An-Kar-tewets, (Red Bay,) range through Utah valley and the mountains adjoining the valley on the east, and number about three hundred. The second, the Uintahs, the principal band of the Utahs, are under the immediate control of chief Saw-e-set, and sub-chiefs Tabby, (the Sun,) and Toquo-ne, (Black Mountain Lion,) and range through Uintah valley and the Green River country, and number about three thousand. Third, the Pah Vants, are controlled by Kon-osh, (Man-of-white-hair,) and several small sub-chiefs. They range through Pah Vant and Sevier valleys, and west to the White mountains. These Indians are farmers, the chief Kon-osh working himself and teaching his men, this year raising considerable amount of wheat and corn; they number about fifteen hundred. Kon-osh is a good Indian, strongly in favor of the policy of concentrating the Indians in Uintah valley, and anxious to have his people instructed and civilized. He urges upon all of our Indians by personal appeals, and by the cheerful acquiescence which he shows, a submission to the wishes of the government. His influence has been very beneficial upon the different bands of Indians in central Utah. On the death of Saw-e-set, now very old and infirm, he will be the principal chief of the Utahs; in fact, he is regarded as the most influential chief now. He should be sustained in that position by government, for we can be sure of his co-operation in all measures to promote peace between his people and the whites, and the general prosperity of the Indians.

            The San-pitches, numbering about five hundred, are controlled exclusively by Sow-ok-soo-bet, (Arrow Feather,) and range through the San-pitch valley and creek and on the Sevier river. These are exceedingly poor, and live principally upon fish, berries, and roots.

THE PI EDES.

            The Pi Edes are a band ranging through Beaver and Little Salt Lake valleys, and on the Rio Virgin and Santa Clara rivers, down to the Muddy, embracing the whole southern portion of Utah Territory. They number about six thousand persons, and are controlled by Tut-sey-gub-bets, with many sub-chiefs. They are an exceedingly poor tribe, their country producing but little vegetation, being almost a continuous desert; they cultivate small patches of wheat, corn, and beans along the streams, but live principally on lizards, swifts, and horned toads. They talk the Utah language.

            The northern bands of Utahs have been accustomed heretofore to make raids into the Pi Ede country, and frightening them so that they would give up their women and children, whom they would take to New Mexico and

146      UTAH SUPERINTENDENCY.

sell to the Spaniards for slaves; but since the Territory has been settled by the whites that traffic has ceased.

            The operations of Special Agent Sale for the past year have been among these Indians. I have no further report from him than the communication forwarded the 15th of May last. Mr. Sale has no way of transmitting letters to this office only as opportunity offers by private conveyance, being most of the time among the Indians, far removed from the mail lines. These Indians, until the last year, have never been visited by an agent of the government.

THE PAH UTES

            These Indians properly belong in Nevada and Arizona, but range over in southwestern Utah among the settlements, and occasion a great deal of trouble by stealing the stock of settlers. The communication of Mr. Sale, of the 15th of May last, refers principally to these Indians. They are very similar in character to the Pi Edes.

            They should, as soon as possible, be attached to an agency in Nevada, and located upon a suitable reservation, so as to withdraw them from the vicinity of our settlements, upon which they are disposed to subsist.

            During the past year the Indians have been peaceful, with the exception of the difficulties with a band of outlaws in San Pete valley, mentioned in my letter of the 28th of April last. At that time I requested the military authorities to send a sufficient force to protect the settlers and to arrest the offending Indians. This was refused, and the settlers were left to take care of themselves; they organized a force of about eighty men, and drove the Indians back to Grand river, killing about one-third of the number of those who were engaged in committing the depredations.

            Notwithstanding the Indians of this superintendency are peaceful now, in view of the fact that Indian wars are raging on our immediate boundaries in Nevada, Idaho, Colorado, and Arizona, how long they will remain so his impossible to tell, unless those Indians who are in arms against the government are speedily and thoroughly subdued. Occupying, as we do, a central position, and being at peace with the Indians within our borders, serves to keep the hostile tribes east and west of us from concentrating ; yet witnessing the success of the hostile Indians in depredating upon the government and its citizens, our peaceful tribes are anxious and excited. The argument used with them is, that the Indians now in arms are contending for their homes; that if they are conquered and submit, they will be exterminated; that our Indians should join them in this last struggle, as the existence of all Indian tribes depends on their success; that our representations of a desire to concentrate and civilize them, to open farms, and build houses, is only to get them together where they can be slaughtered, and they thus put entirely out of the way, and the country left to the sole occupancy of the whites. Ignorant and uninformed as they are, with these arguments constantly urged upon them by the hostile Indians, and knowing that they are not subdued, as I have told them they would be, they feel great apprehension for the future. Witnessing the constant stream of emigation, and hearing, as they do, from the emigrants, citizens, and too often the soldiers and officers of the government, the threats of extermination of their race, made against all Indians, and being threatened by the hostile Indians that they will ever regard them as enemies if they do not make common cause with them now against the whites, it is not strange that they are excited and uncertain as to the course that they should pursue.

            The experience of the past assures me, however, that they wish to be friendly, and if the hostile Indians around them were only subdued the future would be safe.

UTAH SUPERINTENDENCY.         147

            The cruelties practiced by hostile savages have prejudiced our people against the whole race. The emigrants who traverse these plains, the settlers in these mountains, and the officers and soldiers who are here for their protection, are almost entirely in favor of the extermination of all Indians, and the constant exhibition of this feeling in the presence of our peaceful Indians discourages them and leads them to distrust our professions of friendship.

            Under my observation, and within my own experience, I know of only one case of Indian outrage and depredation that has not commenced in the misconduct of the whites. When the public sentiment in regard to the Indians shall, while holding them to a strict responsibility for their conduct, recognize their rights as the original possessors of the soil, and while appropriating to ourselves their ancient homes, destroying as we must their means of subsistence, actuated by a spirit of justice to the poor, ignorant, degraded race, provide for them other homes, other ways of subsistence, and seek by all the means in our power to be the instruments in the hands of the Almighty in guiding them to the higher grounds of civilization, morality, and Christianity, which it is the boasted privilege by our race to occupy—if this, the humane policy of the government, could receive from all classes of our people, especially those who have personal intercourse with the Indians, a cheerful co-operation, it would be much more effective. Then, the Indian, recognizing the inevitable destiny that awaited him, that before the spirit of enterprise and civilization, in his barbarism and ignorance, he must perish unless be should submit himself to our influence, would, under our teachings and with the assistance we proffer, seek for the future, in the path of industry, for him and his people, peace, content, and prosperity.

            On the 30th of January last I wrote to the department, requesting that measures should be taken to give the Indians their goods in the month of August, so that they would, after receiving them, proceed to their winter hunting grounds before the snow fell in the mountains, and by so doing, enable the Indiana to support themselves by hunting during the winter. I received a reply to my communication, dated the 7th of April last, in which was informed "that the order for the purchase of these goods has already been made, and instructions sent to have them forwarded with all possible despatch, and unless some unforeseen detention occurs they should reach their destination by the time mentioned." Notwithstanding the efforts of the department to get the goods here in time, there is no prospect of their being received so as to distribute them until the middle of October, and then we are subject to the same difficulties we encountered last year, as the mountains over which the Indians must pass are already covered with snow.

            The most of the Indians wait for the goods, and when they receive them it will be too late to go to their hunting grounds, and we will be compelled of necessity to assist them with provisions during the winter; this increases the expenses of the superintendency at least one-third, which can be avoided by the delivery of the goods here by the fifteenth of August, which can be accomplished by contracting for the transportation by early mule trains, instead of ox trains, as has been the case heretofore.

            On the 14th of August I proceeded to Uintah valley to examine the Indian reservation, to make myself familiar with its resources. I find it well adapted to the raising of stock, and am more than ever convinced of the correctness of the policy of making cattle husbandry the business for the Indians that are to be settled there. Our Indians are by nature herdsmen, and will take care of cattle in preference to performing the more laborious service required in cultivating the ground. They prefer to live on meat; a very small quantity of grain or vegetables will supply them if they can have all the meat they want.

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            In this connexion I would respectfully refer you to my letter of the 7th of last December, my observation and experience for the year having confirmed me in the views therein set forth, as to the proper plan for the concentration and settlement of the Indians of Utah.

            As to the detail of the progress of the improvements made on the reservation, the report of Agent Kinney, when it is received, will probably give the desired information. The expedition for Uintah valley under his charge met with many obstacles in reaching the point of destination, for want of a suitable road. When I reached the Uintah, on the 18th of August, I found them encamped at the point where I advised them to make the location of the agency. It is a beautiful valley, near the centre of the reservation, containing, up and down the river, enough arable land for all the Indians in Utah—easily irrigated, a warm and genial climate, surrounded by hills covered with cedars, and having an abundance of grass. The only thing wanting was sawed timber, which cannot, however, be obtained in any place combining the other advantages of soil, climate, grazing, &c.

            On the 29th of June I reported my progress in carrying out the instructions of the department in making treaties with the Utah Indians. I expect to start on a tour through the southern portion of the Territory on Monday next, the 11th instant, to visit the different bands of Indians in that section for the purpose of submitting to them the Spanish Fork treaty, and procuring their assent to its provisions. On my return to the office, which I expect will be by the 10th of October, I can make such further report as may be required for your information.

            I am, very respectfully, your obedient servant,

O. H. IRISH, Superintendent of Indian Affairs.

Hon. D. N. COOLEY,

            Commissioner of Indian Affairs, Washington, D. C.

__________

No. 29.

DEPARTMENT OF THE INTERIOR,

Office of Indian Affairs, March 28, 1865.

            SIR : I herewith transmit a copy of an act of Congress approved February 23d ultimo, entitled "An act to extinguish the Indian title to lands in the Territory of Utah suitable for agricultural and mineral purposes."

            In regard to the contemplated treaties, while the law requires that all Indian treaties shall be negotiated by officers and agents of the department, I deem it very desirable that you should avail yourself of the information in possession of Governor Doty, ex-Governor Young, and other officers of the Territory, and citizens of long residence therein. The territorial officers will doubtless take pleasure in co-operating with you unofficially.

            In view of the fact that Congress has already, by act approved May 5, 1864, designated the Uintah valley as a reservation for the Indians of Utah, (instructions in regard to carrying that law into effect having already been forwarded to you,) it is deemed proper that in the negotiations now contemplated, reference should be had to the policy of establishing the various tribes upon the Uintah reservation, and to the expenditure in that locality of whatever sums for their benefit the stipulations may provide for ; and that, so far as is practicable, the policy indicated in that law may be kept steadily in view. It is not intended, however, to restrict you to that locality, should it be found wholly impracticable, in the case of any of the tribes, to place them upon it, or incompatible with the real interests of the Indians or the government to do so.

UTAH SUPERINTENDENCY.         149

            Your attention is particularly directed to the second section of the act of February, 1865, in regard to provisions for making payment to the Indians in articles for their use and benefit, rather than in money.

            In the treaty with the Shoshonee Goship band, of October 12, 1863, there is a special provision by which those Indians agree to give up their roving life and settle upon a reservation whenever the President of the United States shall deem it expedient for them. That time has now come, and advantage may be taken of the existence of that clause, or similar provisions, in treaties with the other bands.

            I have further to suggest, that inasmuch as it has not been the policy of government to acknowledge the full title of these Indians to the lands claimed by them, the treaties should be so framed that the Indians shall relinquish the right of occupancy of the lands included within defined boundaries, and agree to remove to and occupy the lands reserved for their use.

            With the aid of Governor Doty, and the other parties mentioned, which I have no doubt will be cheerfully given, full confidence is entertained that you will be able to make such arrangements with the Indians of Utah as will at the same time redound to their benefit, and to the safety and convenience of the whites, and the development of the resources of the country. I scarcely need urge upon you, in the present condition of financial affairs, the necessity of exercising all possible economy in incurring obligations in behalf of the government in the contemplated treaties.

            In regard to the subject of the survey of the old reservations, referred to in yours of November 29th ultimo, a special communication is forwarded this day, and you are referred to it in connexion with this letter.

            To enable you to carry into effect the object of the law, the sum of twenty-five thousand dollars, appropriated by the third section, will be placed at your disposal, and subject to your drafts.

            Very respectfully, your obedient servant,

WILLIAM P. DOLE, Commissioner.

O. H. IRISH, Esq.,

            Sup't. of Indian Affairs, Great Salt Lake City, Utah.

__________

No. 30.

SUPERINTENDENCY OF INDIAN AFFAIRS,

Great Salt Lake City, U. T., June 29, 1865.

            SIR : Owing to the Indian difficulties in the adjoining Territories, which were having a bad influence upon our Indians, and that they were very uneasy about the reports that had got among them as to the policy of the government in compelling them to relinquish their title to the lands of this Territory, and being compelled by the military force to remove to the Uintah reservation, 1 thought it dangerous to delay negotiations with them, and believed it to be good policy to draw them in, and to explain to them the objects and intentions of the government, and, if possible, to negotiate with them, in pursuance of the treaty bill approved 23d February last.

            Governor Doty thought I should proceed at once to carry out my instructions, for fear that the Indians here might be drawn into alliances with other tribes hostile to the United States.

            Ex-Governor Young, with whom I consulted, in compliance with your instructions, coincided with us in the opinion that we should proceed at once to negotiate with them, and that we should not wait the arrival of the goods. And it was also highly important that the business should not be postponed

150      UTAH SUPERINTENDENCY.

until the receipt of the goods, which would probably be in September next, for the reason that there would be too little time left between their arrival and the time when the Indians should go to their winter hunting grounds. To attend properly to the distribution of goods, and preparing for winter, and the negotiations with the different bands of Indians in Utah, it was best to employ the summer, when I had more leisure, and when it was more convenient to the Indians, in the special duty assigned me by your letter of instructions of the 28th of March last.

            I therefore called the several bands of the Utah Indians to meet me at the Spanish Fork Indian farm on the 6th of June last. I invited the federal officers and the military commandant of the sub-district, and Ex-Governor Brigham Young, to accompany me, to render such information and assistance as they could. All of the federal and military officers declined going, because Brigham Young was invited, except the governor, the United States marshal, the collector and assessor. Secretary Reed was absent at the time and could not be consulted.

            Governor Doty acted cordially with me in making the preliminary arrangements, but was taken suddenly ill in the evening before I started for the Indian farm. His death occurred some ten days thereafter, and I may here say that I am indebted to the late Governor Doty for the support he gave me in the discharge of my official duties. He took great interest in the Indian service, and I feel that I have in that respect met with an irreparable loss. I submitted to him a draft of the treaty, which was afterwards accepted by the Indians; and his last assurance to me was, that he approved of my policy in every respect, and advised me not to be discouraged by the opposition manifested by the other officers of the government, who declared, that rather than associate with Brigham Young on such an occasion, they would have the negotiation fail; that they would rather the Indians, than the Mormons, would have the land.

            Brigham Young accepted my invitation, a copy of which I herewith enclose, that it may be seen to what extent I committed the interest of government to his hands; his name appears on the treaty as a witness only, and he acted only in advising the Indians to make the treaty, as will fully appear from an examination of his remarks made during the proceedings of the council, a copy of which I have the honor to enclose.

            The fact exists, however much some might prefer it should be otherwise, that he has pursued so kind and conciliatory a policy with the Indians, that it has given him great influence over them. It was my duty and policy, under your instructions, to make use of his influence for the accomplishment of the purposes of government.

            I sent Interpreter Huntington to the place where the Indians were being collected, to talk with them as they came in, to explain to them the objects the government had in view in calling them together, and to prepare their minds for a favorable consideration of the provisions of the treaty when I should arrive. He spent some days in mingling with them for this purpose.

            I met the Indians, according to appointment, on the 6th of June, and on the 7th submitted the draft of a treaty which was signed on the 8th.

            The following is a synopsis of its provisions :

            SEC. 1. The Indians relinquish their right of possession to all of the lands within Utah Territory occupied by them.

            SEC. 2. With the exception of the Uintah valley, which is to be reserved for their exclusive use and occupation, the President may place upon said reservation other bands of friendly Indians of Utah Territory.

            SEC. 3. The said tribes agree to remove upon said reservation within one year after ratification of the treaty. Meanwhile they will be allowed to reside upon any unoccupied lands.

UTAH SUPERINTENDENCY.         151

            SEC. 4. The Indians to be allowed to take fish at their accustomed places; also to gather roots and berries on unclaimed lands.

            SEC. 5. In consideration thereof the United States agree—

            First. To protect the said Indians and their said reservation during good behavior.

            Second. To pay or expend for their benefit $25,000 annually for 10 years, commencing with the year in which they shall remove there; $20,000 annually for 20 years thereafter, and $15,000 annually for 30 years thereafter ; it being understood that these several amounts are fixed as the amounts to be paid to or expended for the said tribes and bands of Indians upon the basis of their number being 5,000 persons, including men, women, and children. If it should, however, hereafter, upon a census being taken, be found that there is a material increase or decrease of the said Indians from the number as above stated, then and in that case the said amounts to be paid to them, or expended on their behalf, shall in the same proportion be increased or diminished as the case may be.

            Third. For making improvements on reservation and procuring cattle for stock-raising, the United States agree to expend $30,000, as is already provided for by act of Congress, May 5, 1864. Also to sell for their benefit the present reservations, viz: Spanish Fork, San Pete, Corn Creek, and Deep Creek—in all, 291,480 acres—far not less than 62 1/2 cents per acre.

            Fourth. To establish and maintain for 10 years, at an expense not to exceed $10,000 annually, a manual labor school, the Indians stipulating to keep all children between the ages of 7 and 18 years at school nine months in the year. If they fail to do so, the school may be abandoned.

            Fifth. The United States agree to furnish a mill for grinding grain and sawing lumber, one or more mechanic shops and tools, houses for interpreter, miller, and farmers, the cost of which not to exceed, excluding transportation, $15,000 ; and for the purpose of assisting them in agricultural and mechanical pursuits, $7,000 per annum for 10 years, the Indians agreeing to furnish apprentices and assistants for mill and mechanics' shops, and three laborers to each white laborer. It is also agreed that the United States are to pay the cost of transporting all supplies, machinery, &o.

            SEC. 6. The United States shall have the privilege of running roads or telegraph lines through said reservation.

            SEC. 7. The President may, if he thinks best, cause the land to be laid out, and assign the same to individuals or families of Indians who may consent to make it a permanent home ; also to build for each one of the principal chiefs of each band one house, and to plough and fence five acing of land, and pay in money to each chief $100 a year for 20 years, to commence three months after the removal to reservation ; and to give to each chief, three months after his removal to the reservation, 2 yokes of oxen, 2 yokes and chains, 1 wagon, 1 plough, 10 hoes, 6 axes, 2 shovels, 2 spades, 4 scythes and snaths, 1 saddle and bridle, and 1 set of harness.

            SEC. 8. The annuities of the Indians shall not be taken to pay the debts of individuals.      

            SEC. 9. The said Indians promise to be friendly and commit no depredations. If they do, the guilty one shall return the property taken, or it must be paid for out of their annuities. Nor will they make war on any tribe except in self-defence.

            SEC. 10. They further agree that no liquor shall be used by any of them, and no white person or persons shall be allowed to bring any upon the reservation.

            I have used the $10,000 treaty fund in paying the expenses of these negotiations, and promised to give the Indians more presents on this account on the arrival of the goods.

152      UTAH SUPERINTENDENCY.

            In order to meet the requirements of the occasion, I have had to purchase some $6,369 45 worth of goods more than the funds in hand would supply, but under the agreement of the parties from whom I purchased that they would buy from the goods sent me on their arrival enough of the same kind and quality at the same price they sold me to make up the amount advanced. There being $15,000 in goods purchased on the treaty bill, I can make it up out of those, and have some $8,630 55 left to use among some scattering bands in the south who were not in at the Spanish Fork farm.

            The results of our councils with the Indians have been all that we anticipated. They now understand the policy of government, and are willing to go to Uintah, and the only trouble we will have in the premises is that they will wish to go before we can get ready to take charge of them ; and I hope to secure the assent of all of the Utah Indians to the treaty without making any further payment than are therein provided for.

            I am, very respectfully, your obedient servant,

O. H. IRISH, Superintendent Indian Affairs.

Hon. Wm. P. DOLE,

            Commissioner Indian Affairs, Washington, D. C.

__________

No. 31.

SUPERINTENDENCY OF INDIAN AFFAIRS,

Great Salt Lake City, U. T., January 5, 1865.

            SIR : I have the honor to transmit herein a communication from Special Agent Sale, referring to the reported murder of two emigrants by the Indians, requesting instructions, &c.

            I also enclose a copy of an unofficial letter, which, however, gives considerable information as to Indian matters in the south among Indians who have never before been visited by an agent of the department.

            In my opinion, it is highly important that a permanent agency should be established near the head of navigation on the Colorado, either in southern Utah or northern Arizona. I trust some provision will be made by Congress for this purpose.

            I am, very respectfully, your obedient servant,

O. H. IRISH, Superintendent Indian Affairs.

Hon. W. P. DOLE,

            Commissioner Indian Affairs, Washington, D. C.

__________

MEADOW VALLEY, U. T., December 15, 1864.

            DEAR SIR : I shall finally dismiss the escort to-morrow morning, and take the afforded opportunity to let you know where I am and what I am about.

            In the matter of dealing with the Indians, I flatter myself that I have succeeded very well. I have thought it best to be mild in all cases, and have not, in any instance, made use of any expression to them which could be construed into a threat. When I came to this place the whites were excited, and many of them afraid of Indians. Some stock had been stolen only a few days before my arrival, and the Indians who were supposed to have stolen it fired at by the whites, who pursued them to recover the property. Some Indians were shot in this valley last summer under circumstances which

UTAH SUPERINTENDENCY.         153

rendered the act only a little better than murder, and the Indians were sore and seeking revenge.

            White people in their excitement were imprudent in their counsels, and ready for rash acts, the Indians afraid, and it was not easy to get any considerable number of them together that I might talk .to them ; I finally got about thirty together at this place, and had a talk with them. They seemed satisfied, and agreed to meet me again on the 13th of this month here. I then went to Clover valley, thirty miles south from here, where I met with about thirty more Indians, and had a talk with them. They also appeared friendly and satisfied, and agreed to meet me on the 13th ; and I went on to St. George and Santa Clara, where I met about twenty-five more Indians, and had a talk with them.

            The head chief, or at least a very influential chief, called Tutzegubbets, lives at Santa Clara, and was present. This chief at once fell into my plans, and promised his co-operation ; he promised to send a runner to the Muddy Indians and Pah-Reneg-Utes, and try to bring them in to see me on the 13th.

            I had an interview with President Snow, to whom I stated the object of my visit to the Indians, and unfolded so much of my plans as I deemed proper, and he gave me assurance of his hearty approval, and a letter recommending his brethren to co-operate with me, and not by any rash acts to throw obstacles in my way, saying it was an enterprise in which they were all directly interested, &c.

            From St. George I sent you a hasty note, which I doubt not you have received.

            My journey across to the Santa Clara and returning was unpleasant by reason of bad stormy weather. When I got back to this place I began my preparations for the 13th. I received the services of Andrew R. Gibbons as interpreter, and sent a request to Ira Hatch to be present. The 13th came, but was stormy, and no Indians came until late in the day, and then only a few, but they brought word that others were on the way. I concluded to wait, and did wait until the next day, when fifty-five Indians reported for rations. I killed two small steers, and commenced to feed as hungry a set of mortals as it was ever my fortune to meet. While waiting for others during the feast, I again, with the assistance of Hatch and Gibbons, sent runners to the wild tribes, as they are called, inviting them to come. Some have come, and I hope to see more of them. Two who are here sent Tutzegubbets to ask me if I was angry with them for stealing, &c., and whether I would forget what they had already done if they would not do so any more. I replied that I was not angry, and would forget the past if they behaved well in future. They then had along conference among themselves, which lasted the greater part of last night. I could hear but not understand their talk.

            The interpreter said it was the chiefs (there were four present) haranguing and urging them to be friendly with the whites, and quit stealing, &c. Well, the sum total is that this morning the chiefs came to me with a very cordial greeting and said they were my friends, and that all the Indians were my friends, and would go with me to any place I wanted to go, and take care of me and do as I wanted them to do ; and giving me a high-sounding Indian name, signifying, the interpreter says, "the Indian's friend," and winding up with a very solemn dance.

            I now consider, and both Hatch and Gibbons agree with me in opinion, that the Indians will hereafter be quiet and go to work if they are kindly treated, (with a few exceptions, of course,) and that I can with comparative safety go where I wish and return.

154      UTAH SUPERINTENDENCY.

            I reserve official report until I return to the city, bat ask your attention to the enclosed official communication.

            Truly, &c.,      

THOMAS C. W. SALE.

Colonel O. H. IRISH.

__________

MEADOW VALLEY, UTAH TERRITORY,

December 15, 1864.

            SIR: I am in receipt of information that on or about the first of the present month two white men, supposed to be emigrants on the road to California, were murdered by Indians at a place called the Muddy Branch, on the Rio Virgin. I call your attention to this, and request your instructions as to what are the proper steps to be taken, if any, by me.

            Very respectfully, your obedient servant,

THOMAS C. W. SALE,

Clerk Superintendency, Acting Special Agent.

__________

No. 32.

SUPERINTENDENCY OF INDIAN AFFAIRS,

Great Salt Lake City, U. T., May 15, 1865.

            SIR: I have the honor to herewith transmit a report from Special Agent Sale as to his operations in the southern portion of this Territory, and in the adjoining Territories of Arizona and Nevada, during the past winter.

            It will be observed that he has made his headquarters at Meadow valley. By the action of the last Congress, this point has been cut off from Utah and added to Nevada. I would call especial attention to the last part of his communication, referring to the establishment of an agency in that portion of the country, with jurisdiction extending over the Pai-Ute Indians ranging in southern Utah, in northwestern Arizona, and southeastern Nevada. This, in my judgment, is important, and necessary to the protection of the settlements and the emigration through that portion of the country ; and it being connected in its geographical position with this Territory, the agent in southern Utah should be authorized to take charge of the tribe without reference to territorial lines, which the Indians do not regard.

            I would therefore respectfully recommend that Mr. Sale be made a disbursing agent, and that he be required to give bonds of, say $5,000, and that he be authorized to take charge of the Pai-Ute Indians in southern Utah, in southeastern Nevada and northeastern Arizona, with permission to establish his headquarters at such point as he may deem best and most convenient, within the country inhabited by the Indians referred to.

            I am satisfied that these Pai-Utes cannot be induced to live with the Utahs, except by the use of force. This opinion is held by Governor Duty, Ex-Governor Young, and all with whom I have talked, who are familiar with the Indians and that country. It will be necessary to make provision for them upon some other reservation, located in the neighborhood of four hundred miles south of the Uintah valley.

            I am, very respectfully, your obedient servant,

O. H. IRISH,

Superintendent Indian Affairs.

Hon. WILLIAM P. DOLE,

            Commissioner of Indian Affairs, Washington, D. C.

UTAH SUPERINTENDENCY.         155

MEADOW VALLEY, U. T., May 4, 1865.

            SIR : In compliance with your instructions of date October 21, 1864, I started from Great Salt Lake City on the 24th of that month, and proceeded to the southern part of Utah Territory, and arrived at this place on the 15th of November. Meadow valley is distant from Salt Lake City about four hundred miles by the travelled route, and near the southwest corner of the Territory. Snake valley is about one hundred and twenty miles north, and Pahranagat valley is about one hundred miles west-southwest, from Meadow valley. The Indians who range in this part of the country are the Pai-Utes. They are a very warlike tribe ; I estimate their number at about from two to three thousand, and the country they claim extends from Snake valley on the north to the Colorado river on the south, and from the Wahsatch range of mountains on the east to Pahranagat valley on the west, making a district about two hundred and fifty or three hundred miles each way, through which the southern route from Salt Lake City to California passes. These Indians are very poor and destitute. They have no horses or other domestic animals, and live principally on roots, pine-nuts, small game, reptiles, and insects. Many of them had never seen a white man before I went among them. They have never had any assistance or encouragement from government. Those who live near the California road have in many instances become expert thieves, and sometimes steal stock and other things from trains passing the road. Those living near the settlements also steal cattle occasionally from settlers.

            I have endeavored to induce them to leave their present country and go to Uintah valley and live on that reservation, but they do not consent. They say they are afraid of the Utahs. It is here proper to remark that the Utahs have long been in the habit of stealing the women and children of these Indians, and either selling them to the Spaniards or to other tribes ; sometimes they were kept as servants. This practice is still continued, and hence their fear of the Utahs, and consequent refusal to settle with them at Uintah. They are willing to get together at some place in their own country, but I think it impossible to get their consent to place them with the Utahs.

            Within the country claimed by these Indians there are settlements; that is to say, at Pinto creek, St. George, Santa Clara, Clover valley, Eagle valley, Meadow valley, and Big Muddy. These settlements are from twenty to fifty miles distant from each other, except St. George and Santa Clara, which are near together. Silver mines have been discovered at Snake valley, Meadow valley, and Pahranagat valley, and parties are taking measures to develop them.

            The stock of the settlers and miners must necessarily feed on the bunch-grass, (which is abundant in the mountains,) and are liable to be stolen by the Indians. In order to keep the Indians quiet in the vicinity of the settlements of Utah Territory, I have been compelled to distribute presents and provisions among the Indians in the adjoining Territories, and have given much more to them, especially those in southeastern Nevada, than to those in Utah.

            In view of these facts above stated, I deem it my duty to recommend that some action be promptly taken to better the condition of the Indians, and for the protection of the whites, and I know of none more likely to be effectual than the erection of an agency for the Pai-Utes. They should be taken under the protection of the government, and if possible brought together and instructed in agriculture.

            By reference to the maps it will be seen that the Pai-Utes' country lies partly in Utah, partly in Nevada, and partly in Arizona, and there is no

156      UTAH SUPERINTENDENCY.

agency nearer than four or five hundred miles to which they can be attached ; and in my judgment the best interest of the Indians, the white settlers, and the government will be most advanced by the course above indicated, and on account of the peculiar contiguous locations of the country, and for mail facilities, the agent to be under the control of the Utah superintendency.

            I have the honor to be, sir, very respectfully, your obedient servant,

THOS. C. W. SALE, Special Indian Agent.

Hon. O. H. IRISH,

            Sup't. Indian Affairs, Great Salt Lake City, U. T.

__________

SUPERINTENDENCY OF INDIAN AFFAIRS,

Great Salt Lake City, U. T., May 16, 1865.

            SIR: I have the honor to transmit herewith a communication from Special Agent Sale, referring to some discoveries recently made in southwest Utah and southeastern Nevada, which may be of interest to the department, and are likely to introduce a mining population into a portion of the country heretofore occupied only by Indians.

            The facts set forth furnish an additional argument in support of the recommendation of Agent Sale, transmitted by me on the 15th instant.

            I am, very respectfully, your obedient servant,

O. H. IRISH, Superintendent, Indian Affairs.

Hon. W. P. DOLE,

            Commissioner of Indian Affairs, Washington, D. C.

__________

MEADOW VALLEY, May 4, 1865.

            SIR : Important silver mines having recently been discovered in the southeastern part of Nevada, or southwestern Utah, I deem it not improper to communicate to you such information as I have been able to collect relative to the locality and value of the discovery, as it is probable that it will be the means of introducing a large emigration into a portion of the country that has been heretofore wholly occupied by the Indiana.

            The mines are situated in the foot-hills of a range of mountains, which bound the Pahranagat valley on the west, and are about one hundred miles west-southwest from this place, and one hundred miles from the navigable waters of the Colorado river. The valley lies between two ridges of mountains, which run nearly parallel, and is, from mountain to mountain, about from ten to fifteen miles wide, and from thirty-five to forty miles long. It lies in about latitude 31° 30' north, and longitude 38° west from Washington. The course is from northwest to southeast. It is well watered and the soil fertile. In the valley is a chain of small lakes, five in number. The water is clear and pure and abounds with fish. This chain of lakes extends from end to end of the valley.

            The mountains, especially those on the west of the valley, are high and rugged, are well timbered, and Indian guides informed me that springs of water are found among the rocks. There are seven large springs in the valley, which afford ample water-power for machinery, and a plentiful supply of water for irrigating purposes. The water of these springs is most beautiful, clear and pure.

            The climate is mild. A very old Indian told me that he had lived there all his life, but had never seen snow in the valley until the past winter, and then the ground was only just covered, and it disappeared the next day.

            The mines, as already stated, are in the west range of mountains, and are

UTAH SUPERINTENDENCY.         157

convenient to water and timber. I visited the place in the latter part of March, and procured as many specimens of the ore as I conveniently could, some of which I send you. These specimens, I am told, are not to be considered fair samples of the ledges from which they were taken, because they were taken from the surface; but I have had them examined by good judges, who concur in pronouncing them very rich.

            I procured a test to be made by a chemist ; the specimen used was about an average one in appearance; and the results showed 7 1/4 grains pure silver, and 1 3/4 grain gold, from three ounces of ore, which is pronounced exceedingly rich for top rock. The ledges are wide and well defined, varying from one to five feet in width ; many of them can be traced without any difficulty for half a mile ; they are in what the miners call slate rock.

            I have very little doubt but that this is the far-famed " silver mountain," to find which so many expeditions have been fitted out since 1852. I am informed that some time in the year 1852 a train of California emigrants pawed through Salt Lake City, taking the southern route as far as the mountain meadows, when they took a west course, leaving the usually travelled road. They passed through Meadow valley and crossed a range of mountains, here known as the West mountains. It was a considerable train, and the trail it left is still plainly visible for miles, leading in a west and northwest direction. It is said they travelled in that direction about 150 miles from Meadow valley, when they came to a wide desert, destitute of water and vegetation, when dissension taking place among them, they divided into three companies, all, of which took different directions. One party is said to have perished at or near a place called Death Valley. One, I believe, was never heard of afterwards ; at any rate, there were very few survived.

            The statement further is, that some one of the company discovered in this region of country exceedingly rich mines of silver. The discoverer is said to have perished, but specimens from which were carried by a lady, who survived, to California, and upon examination were found to contain nearly pure silver. Many expeditious, I am informed, have been fitted out to find the place, none of which have been successful, owing, perhaps, to the fact, that the attempts have been made from the west to follow the trail back, and the parties were unable to cross the desert. The party which made this discovery started from Meadow valley.

            The Indians told me that many years ago white people with wagons passed through their country north of Pahranagat valley, and perished on the desert, and that the remains of the wagons and bones of cattle are still to be found. From the summit of the mountains west of the valley can be seen a wide sterile desert, apparently destitute of water and vegetation; it is very wide. The Indians say it is five days' travel across it, (which is about one hundred and fifty miles,) and that it was on this desert that the whites and their stock perished for want of water.

            All these facts seem to me to warrant the belief that Silver mountain is found at last. At any rate, something worthy of attention is discovered.

            I have the honor to be, very respectfully, &c.,

THOMAS C. W. SALE,

Special Indian Agent.

Hon. O. H. IRISH,

            Sup't Ind. Affairs, Great Salt Lake City, Utah Territory.

158      UTAH SUPERINTENDENCY.

No. 33.

GREAT SAT LAKE CITY, UTAH TERRITORY,

November 25, 1864.

            SIR: On the 18th of this month the northwestern bands of Shoshonees were met by Colonel Irish and myself by invitation, at Box Elder, in this Territory, and their treaty as amended was submitted to them, and their assent was given to the proposed amendment of the Senate by adding article 5 to the treaty, and their agreement, duly executed according to your instructions, is herewith transmitted. One of the principal men who signed the treaty, and whose name does not appear to this agreement, died during the past year; and another was absent on a hunt, as was reported.

            There were, however, between four and five hundred of these bands present, who gave their assent freely to the Senate's amendment, and joyfully participated in the annuity provided by the treaty. It is believed the only individuals in these bands who were absent on this occasion were those of five lodges, to one of which it is supposed the absent chief belonged, on the Goose Creek mountains, who refused last year to unite with these in their treaty.

            With these lodges it is hoped that the superintendent may be instructed to open negotiations during the winter or spring, as they are on the northern California road, and near the newly travelled road to Boise from this city.

            The treaty with the Shoshonee-Goship bands, as ratified by the Senate, was submitted to those bands at Tuilla valley on the 24th instant, and their assent was given to the Senate's amendment, by an agreement, adding article 8 to the treaty, which was duly executed by the chiefs and principal men, according to your instructions, and is herewith transmitted. Harry-nup, who signed the treaty, had died last winter, and Dick Moni, one of their principal and best young men, now signed in his stead as a chief.

            Colonel Irish, as the superintendent of Indian affairs in this Territory, joined by my invitation in the councils and negotiations, and the funds for holding intercourse with these bands being in his hands, none having been received by me for this special service, he has paid all of the expense incurred.

            The northeastern bands of Shoshonees who were treated with at Fort Bridger, and the mixed bands of Bannacks and Shoshonees treated with at Soda springs, had left for their buffalo hunt near the Wind River mountains, in the territory attached to Nebraska, before the arrival of the superintendent, and it is not probable they can be met until spring, when the Senate's amendments will be submitted to them ; and from what I have learned of their feelings, have no doubt of their acceptance. They could not be negotiated with at an earlier day, for the reasons stated in my letter to the Commissioner of the 13th of June last.

            I have the honor to be, very respectfully, your obedient servant,

JAMES DUANE DOTY, Commissioner.

Hon. W. P. DOLE, Commissioner of Indian Affairs.

__________

No. 34.

FORT BRIDGER AGENCY, UTAH TERRITORY,

September 28, 1865.

            SIR: In compliance with the regulations of the Indian department, I have the honor to submit the following report relative to affairs at this agency during the past year:

UTAH SUPERINTENDENCY.         159

            The Territory over which my surveillance extends is bounded on the north by Snake river, east by the Sweet Water and North Platte rivers, south by Yampa and Bear mountains, and west by the valley of Salt lake. The Indians occupying this tract are known as the eastern band of the Shoshonee tribe, under the acknowledged leadership of Wash-a-kee, an Indian chieftain who has never been known to have held hostile relations with the whites, and who, when a portion of his tribe deserted him to join a band of insurrectionists, remained firm in his allegiance, though bound to keep the peace by no treaty stipulations.

            In my report of last year I estimated the number of these Indians at fifteen hundred souls. No enumeration could be made this year, but from the best data I am able to obtain I should set the population at eighteen hundred—men, women, and children. In addition to the natural increase by births, there have been additions from neighboring tribes by old deserters coming back, and those individuals who, attracted by Wash-a-tree's rising home, have cast their lot with him.

            This tribe is entirely nomadic; and there being no reservation or land which they can call their own, they spend about eight months of the year among the Wind River mountains and in the valleys of the Wind river, Big Horn and Yellowstone. Here they subsist entirely by chase—buffalo, deer, elk, and the mountain sheep affording them their only food. They are tolerably well provided with comfortable lodges, perhaps one hundred and fifty in all. They clothe themselves almost exclusively with the skins of the deer, sheep, and buffalo, made into garments of a style peculiarly their own. The leggings and breech-cloth are not very soon to be replaced by the pantaloons worn by the whites. I observe a marked improvement each year in their means of protection against the inclemency of the weather. This people have never turned their attention to agricultural pursuits, nor can it be expected of them until they are placed upon a reservation where they can have the necessary protection. If they are not provided with such a home, they are destined to remain outside of those influences which are calculated to civilize or christianize them, as has been done in many parts of our country to tribes not one whit more susceptible of being rendered useful members of society. Wild Indians, like wild horses, must be coralled upon reservations. There they can be brought to work, and soon will become a self-supporting people, earning their own living by their industry, instead of trying to pick up a bare subsistence by the chase, or stealing from neighboring tribes, with whom they hold hostile relations. I trust this matter will engage the serious attention of the department.

            As I have said, this tribe live entirely by hunting wild animals, because their only source of revenue is derived from the sale of skins. The result of the past year's hunt might be stated approximatively at eight hundred buffalo robes, five hundred beaver skins, and four hundred elk and mountain sheep skins. These products of their only industry are either bartered with other tribes for ponies, or with white traders for small articles of merchandise—paint, beads, and trinkets.

            The Shoshonees are friendly with the Bannacks, their neighbors on the north, and with the Utes on the south, but are hostile toward the tribes on their eastern boundary, viz : Sioux, Arapahoes, Cheyennes, and Crows, between whom there is more or less stealing continually going on. Wash-akee feels himself too weak to engage in any aggressive movements against either of these tribes, but says that if he should be attacked he would give them battle. When the tribe arrived at this agency, in June last, some fifty of the braves hearing of General Connor's expedition against the Sioux, presented themselves armed and equipped, eager to join the troops in a campaign against their old foes. The lack of a suitable military organization moving from this point alone prevented the acceptance of their services.

160      NEW MEXICO SUPERINTENDENCY.

            The sanitary condition of the tribe is good; no epidemics have visited them, and vaccination never has been thought necessary. They mingle so seldom with the whites that they are not exposed to their diseases. Pulmonary affections are infrequent, and deaths from any cause whatever are comparatively rare.

            On the seventeenth of this month I turned over to Wash-a-kee the annuity goods for last year, which came too late for delivery. These, consisting of blankets, calicoes, butcher knives and tobacco, were distributed to the most needy ones, and seemed to give universal satisfaction. The time had arrived for the tribes to return to their hunting grounds and make preparations for winter, or I should have insisted on their remaining until the goods for the present year came to hand, which would have made their outfit more complete.

            It affords me pleasure in stating that the Indians belonging to this district are peaceable and well disposed; that all their acts have been in strict accordance with the friendly relations which have heretofore existed between themselves and the white resident population of this Territory, as well as those passing through. In many instances they have aided persons seeking to develop the mineral resources of the country by pointing out valuable deposits of silver and coal or oil springs.

            No outbreak has come to my knowledge; few, if any, trespasses have been committed, and no incursions have been made by them, and I am proud to say that they remain true to their treaty stipulations.

            Some dissatisfaction has been expressed by them that the annuity goods do not reach this agency in time enough for distribution to let them get to their winter hunting grounds before the snow prevents their progress thither. I would therefore urge upon the department the recommendation made in my last annual report, that all goods designed for this place be shipped at the earliest practicable moment, in order that they may reach the agency in time for such distribution.

            I would again most respectfully urge upon the department the necessity of erecting an agency building. I am at present entirely dependent upon the military authority of this post for shelter. I would also urge upon your department the necessity of furnishing the agent with a pair of mules for his ambulance.

            I am, sir, very respectfully, your obedient servant.

LUTHER MANN, JR.,

United States Indian Agent.

Hon. O. H. IRISH,

            Superintendent Indian Affairs, Salt Lake City, U. T.

__________

[Annual Report of the Commissioner of Indian Affairs, 1865, pp. 231-240]

IDAHO SUPERINTENDENCY.

No. 77.

BOISE CITY, IDAHO, September 20, 1865.

            SIR: I have the honor to submit to your consideration the result of an extended tour of observation among the Indian tribes of the Territory of Idaho, pursuant to instructions emanating from your department.

            First in importance among the Indians of this Territory stands the nation of Nez Percés. Since the expedition of Lewis and Clarke, there has been a powerful majority of this people friendly to the whites. Through the missionary labors of Whitman and Spaulding a Christian church was established among them at Lapwaii, the benign influence of which is still felt and operating in the cause of civilization.  The first treaty of peace made with this people and ratified by the Senate, known as the Stevens treaty, for the time being subserved the interest for which it was created. The reservation was secluded and well chosen. The

232      IDAHO SUPERINTENDENCY.

Koos-koos-kia and the Shoshonee abounded in fish, and the mountains with game, and annual hunting expeditions of the braves and their families passed through the gorges of the Bitter Root mountains to the buffalo hunting grounds, at the headwaters of the Missouri and Yellowstone, some five hundred miles from their tribal homes west of the Rocky mountains, and returned laden with pelts of the buffalo for lodges and their meat for food.

            Their intercourse, except when assisting the United States in their difficulties with the Cayuses, the Umatillas, and the Spokanes, was confined to barter in peltries with the Hudson's Bay employes, who, out of motives of policy, were just, at least, to these children of the forest. But with the discovery of gold, followed by the breaking out of the rebellion, all was changed: their reservation was overrun by the enterprising miners, treaty stipulations were disregarded and trampled under foot, towns were established thereon, and all the means that cupidity could invent or disloyalty achieve were resorted to to shake their confidence in the government. They were disturbed in the peaceable possession of what they regarded as their vested rights, sacredly secured by treaty. They were informed that the government was destroyed, and that whatever treaties were made would never be carried out. All resistance on their part proved unavailing, and inquietude and discontent predominated among them.

            A treaty had been negotiated by Superintendent Hale, which still remains unconfirmed by our government—the white settlers insisting on the terms of the new treaty, and the Indians still clinging to the old; and it was difficult to convince these simple children of nature why a government so strong and powerful as they were taught to believe ours to be would allow the rights of its red children to be disregarded by the whites, unless the government had been destroyed. In the negotiation of the Hale treaty the Nez Percés became divided. The opposition, known as the Heathen party, headed by Big Thunder, Red Horn, White Bird, and Eagle-against-the-Light, were in favor of joining the Blackfeet and Crows, from the eastern slope of the Rocky mountain, in a raid against the overland mail route, and to secure for themselves wives for their warriors and skins for their lodges. The nation, being possessed of a large number of horses, and incited by a natural ardor for active life, and by what they regarded as oppressive inroads upon their rights by the white men, the opposition gained strength and power and influence with the nation; the military stations were feebly garrisoned; our people felt insecure and unsafe, and daily applications were made and transmitted to the capital for protection from the threatening aspect of the times.

            Affairs stood in this attitude when the undersigned was intrusted with the superintendency of the Territory: Measures to reassure our people, and to allay the turbulent spirit of the strong opposition in the ranks of the Nez Percés, became of the first importance. To this end, frequent interviews were bad with the leaders of the Heathen as well as the Christian party, the chief recognized by the United States being A-sha-lote, known to the whites as "Lawyer," and Captain John, and Utse Melican, the two subordinate chiefs. The grievances of the Nez Percés nation were set forth by a speech from Lawyer, which was reported by the undersigned to the department. In my answer to his complaints I pleaded the good faith of the government to all its treaty stipulations, which the Indians claimed (and not without cause) had been repeatedly and continually violated. I urged upon them the necessity of loyalty to the government and forbearance to the whites, no matter what their provocations were, and assured them that their grievances should be redressed and their wrongs righted.

            Their condition was, indeed, anomalous. Appropriations had not been made to carry out the old treaty stipulations, and the new one had not been con-

IDAHO SUPERINTENDENCY.       233

firmed on our part, and only by the most strenuous exertion and the most solemn assurance could they be induced to break off their league with the Crows and Blackfeet. Thus far they have kept the compact in good faith, and no doubt will continue to do so so long as they are fairly dealt with.

            The depredations of the whites upon their reservation are a continual source of annoyance and irritation. The difficulty of enforcing the non-intercourse act in portions of the reservation, and the destruction of their timber, without the authority of law, have been such as to induce them to urge a new council to make a new treaty and place their affairs on a more permanent foundation, in consonance with things as they now exist, made necessary by the rapid settlement of the Territory. Having no special authority to meet them in council, the undersigned could only assure them of the good intentions of our government, and that their wishes should not be neglected. It is important that some treaty should exist between the parties, and when entered into, if faithfully observed, it is the safest guarantee for peaceful relations between them and the whites.

            Progress in the peaceful pursuits of life, and the relinquishment of their nomadic habits, seem to be slowly, but surely, gaining ground. This is evidenced by the quantity of flour which has been manufactured at the government mill at Lapwaii from wheat grown by themselves, which, during the past season, amounted to twenty thousand (20,000) bushels. The implements of husbandry with which the munificence of the government has supplied them are usually employed and appreciated, and the kind and enlightening missionary's labor is witnessed in the semi-daily devotion of the Christian portion of the nation, in a simplicity and earnestness of worship that would reflect credit upon the most refined civilization.

            The condition in which the agency was found I have previously represented to the department. It was not such as seemed to me well calculated to carry out the purposes of the government, and the changes that have been instituted, there is great reason to believe, will be both wholesome and salutary.

            The number of Nez Percés is variously estimated at from three to six thousand, but their nomadic life, and the wide range of their hunting-grounds, make it difficult to determine without a precise enumeration.

            According to instructions, about the middle of September, 1864, I proceeded north, crossing the valley of the Palouse, the valley of the Lah-toh, and the valley of the Spokane, to Coeur D'Alene, and held interviews with Indians of those different tribes, and also with several belonging to the Kootenai country. The mining prospector has penetrated all these fastnesses, and when his own animals have given out he has too often seized upon Indian horses, without payment therefor, to pursue his journey. This is the frequent commencement of more flagrant outrages, which have too often ended in murder, retaliation, and war.

            For the better protection of the settlers who have already penetrated into the Indian country, and are now settling in the valleys I have just named, an agency should be located at Coeur D'Alene, in which one of the energetic fathers of that mission might be made superintendent of instruction, and great good accomplished in the protection of the rights of the white settler, and future difficulties avoided. The Indians, with few exceptions, are friendly to such a course. By the extinguishment of the Indian title the enterprising whites feel more assured that their rights will be respected, and they live upon much better terms in their intercourse with the aborigines. A mill for grinding flour, a saw-mill for cutting logs, a blacksmith, and a farmer, with a superintendent of instruction and one assistant, directed by an intelligent agent, would do more to keep peace in that portion of our extended domain than regiments of soldiers. In this manner two million acres of the

235      IDAHO SUPERINTENDENCY.

finest grazing land in the world, with mountains abounding in the precious metals, would be thrown open to those who conscientiously decline becoming squatters in an Indian country where the title remains unextinguished. The reservation could be confined to some hundred thousand acres immediately around the mission of Coeur D'Alene.

            Pursuant to instructions, I held interviews with the Boise Shoshonees, a tribe formerly occupying the valley of the Boise river, and believing it for the interest of the government I made the enclosed memoranda of a treaty accompanying this report, marked A. I respectfully recommend that a temporary reservation be allotted to them upon the Boise river, which is shut out by hills, and would preserve them, more or less, from intrusion by the whites. They have become poor, and, at best, a few years will wipe them out entirely. The lands which they have ceded includes, mountain and valley, some seventy millions of acres, and that upon the terms on which the United States have treated with the most favored Indian tribes. The treaty gave satisfaction to the settlers, and I respectfully ask (the blanks being filled as to what amount the Indians should receive by the Senate) that it be confirmed. It was witnessed by Colonel R. T. Maury, commandant at Fort Boise, and Major Truax, commanding Fort Lapwaii. It was executed between the undersigned and San-to-me-co and the headmen of the Boise Shoshonees on the 10th of October, 1864.

            According to instructions, I visited the great Kammas Prairie tribe of Indians. They amount to some two thousand. I assured them that by aiding emigrants on that great Shoshonee valley route, and refraining from depredations, the United States would guard their interests and protect their rights. Thus far they have lived up to their promises, there having been fewer outrages for the last year than ever known before. The couse and the kammas, two edible vegetables upon which they have subsisted, the salmon in their rivers, and the game on their hills, are all being destroyed by the settlements of the white man, and I earnestly desire that an agency be located near Little Kammas prairie for the winter, and a reservation in summer-time on the banks of the Shoshonee of some forty thousand acres, where these Indians may be gathered together from southern Idaho and cared for by treaty stipulations, as a matter due to Christianity and justice.

            I have not mentioned the smaller tribes or bands which I visited.

            I hope the department will approve of the recommendation for gathering upon these two additional reservations the Indian tribes now existing within the limits of the Territory of Idaho. It is with them a question of stealing or starvation, and of so vital interest that your attention is earnestly directed towards its consideration. If they can be protected and instructed for a few years, some moiety may be civilized and saved as an integral portion of our nationality; if not, the crimes and devices of bad men will sweep them as dust before the whirlwind of their energy and their passions.

RECAPITULATION.

            It is recommended that a new treaty be made with the Nez Percés, by which the rights of the Indians may be preserved, and those portions of the reservation upon which the whites have settled be turned over to the general government as public domain.

            It is recommended that an agency be established at Coeur d'Alene for the better protection of the agriculturists now settling in Palouse, Lah-toh, Spokane, Kootenai, and Coeur d'Alene valleys, and the civilization of the Indians thereof.

            It is recommended that a treaty be made and a reservation established in southern Idaho, on the banks of the Malade or Shoshonee river, for the better

IDAHO SUPERINTENDENCY.       235

protection of the settlers on the Great Kammas prairie and the travellers over the emigrant road along the valley of the Shoshonee.

            All of which is respectfully submitted for the consideration of the department.

CALEB LYON, OF LYONSDALE,

Governor and Ex-officio Sup't Indian Affairs, Idaho.

Hon. JAMES HARLAN,

            Secretary of the Interior.

__________

No. 78.

DEPARTMENT OF THE INTERIOR, OFFICE INDIAN AFFAIRS,

Washington, D. C., September 22, 1865.

            SIR : By direction of the Secretary of the Interior you are hereby authorized and instructed to hold a conference with the Great Kammas Indians and the Indians of southern Idaho, and, if possible, to negotiate a treaty with them, establishing permanent peace between them and the United States, and providing for their settlement on a permanent reservation at some point upon the Shoshonee river, embracing the fisheries on said stream, and a summer reservation in the vicinity of Great Kammas prairie, and embracing a cession from them of all other lands now claimed by them, and agreeing, in behalf of the United States, to establish a permanent agency with the said Indians and to provide them with a farmer, blacksmith, miller, and teacher, and to erect for their use a grist-mill and saw-mill, and suitable agency buildings, and also to pay to them, in consideration of said cession, a reasonable sum in agricultural implements and other useful articles, live stock and improvements.

            For your guidance you will find herewith copies of instructions recently given to the commissioners sent to negotiate with the Indians of the upper Missouri and those of the Indian territory and upper Arkansas, and a copy of a letter recently written by this department to General Pope, indicating the policy which should control the Department of the Interior in establishing treaty relations with the Indian tribes.

            You are also authorized and instructed to hold a council with the Spokanes, Coeur d'Alenes, Kootenais, Lah-tohs, and other Indians south of the British possessions and west of the Bitter Root mountains, on the terms and for the purposes indicated above, and to negotiate a new treaty with the Nez Percés, in accordance with these general instructions.  Should you deem it advisable you may associate with you in the negotiation of any of the above contemplated treaties any military commander being in the Territory, or any one or more Indian agents that may be present, or such other persons as your judgment may approve.

            Should you deem it advisable, to send Agent O'Neil, on your return to Idaho, to the Coeur d'Alene Indians, and others in the northern part of the Territory, to obtain information in regard to those Indians, preliminary to a treaty with them, you are authorized to do so, after he shall have filed a bond satisfactory to you and certified by the United States district judge or district attorney as sufficient; and in case of the absence of Agent O'Neil under your directions, you will provide for the temporary charge of his agency.

            If in your judgment it is necessary for the better administration of Indian affairs in Idaho that one or more special agents should be appointed to assist you in your duties, you are authorized to appoint such agents, being careful in their selection, limiting them by definite instructions, copies of which should be forwarded to this office, and fixing their compensation at a rate not to exceed $1,500 per annum for the time employed.

236      IDAHO SUPERINTENDENCY.

            Your attention is especially invited to the instructions forwarded some time since to all superintendents and agents requiring a monthly report to be made of the general condition of the Indians under their charge. This report need not be lengthy, unless the particular circumstances of the case require it, but this office desires to be in frequent communication with the superintendents and agents, especially with those whose field of duty is west of the mountains.

            Very respectfully, your obedient servant,

R. B. VAN VALKENBURGH,

Acting Commissioner.

CALEB LYON,

            Governor and Ex-officio Superintendent, &c.

__________

No. 79.

OFFICE NEZ PERCÉS INDIAN AGENCY,

Lapwai, July 9, 1865.

            SIR : I have the honor herewith to submit my second annual report of the condition of affairs of this agency.

            Since my last report I am happy to say, that as regards the respect and friendship which have always been shown to the whites by the chiefs and headmen of this people there has been no change, although they have many things to complain of, the first of which is the failure of the government to comply with the treaty stipulation in regard to the payment of their annuities, the last payments made them being in November, 1862, $6,396, and at the time of the treaty council in June, 1863, $3,600. They do not grumble so much on account of their absolute want of their goods, although many of their old people are in a suffering condition, but it is with the desire of doing away with the reports that are continually being circulated by the Big Thunder or non-treaty side of these Indians. From the day the treaty was first made by Governor Stevens and General Palmer, in 1855, up to the present time, this non-treaty side have told the others that their lands would be stolen from them, and that they would never receive anything in return. The payments in 1861 and 1862 silenced that side for a time, and was working a beneficial influence through the nation.

            However, since that time the non-arrival of further supplies and the great influx of miners throughout the whole reservation gives the non-treaty side another chance to throw up the matter to the treaty side. The chiefs, however, remain firm and unwavering in their devotion to the government and to the laws. They are intelligent—their head chief, Lawyer, particularly so—and tell their people to still wait patiently; that we have a war on our hands that requires the attention of the government more than their wants; that they will yet receive their annuities, and all that has been promised them; but the greatest difficulty with them is this: they know that the government will keep faith with them, but the arguments used by the other side are powerful enough to induce many, very many, of their young men to go over, and the opposite side is becoming formidable. That grieves them more than the want of their annuities.

            I trust that the matter may be so represented to the department that there will be no further delay in their payments.

            Another cause of complaint with them is the tardiness shown in the payment for the horses furnished and services rendered government in the Indian war of 1856. In the treaty council of June, 1863, the matter was brought before Commissioners Hale, Howe, and Hutchins; and article seventh of said treaty provides as follows:

IDAHO SUPERINTENDENCY.       237

            "The United States further agree that the claims of certain members of the Nez Percés tribe against the government for services rendered and horses furnished by them to the Oregon mounted volunteers, as appears by certificates issued by W. H. Fauntleroy, acting regimental quartermaster, and commanding Oregon volunteers, on the 6th of March, 1856, at Camp Cornelius, and amounting to $4,665, shall be paid to them in full in gold coin."

            In addition to the above, many of their warriors served with the volunteers through the war, for which they have never received nor asked a dollar.

            Still another cause of complaint is the pay due their people for work done on the church last fall, amounting to $1,185 50. At one time during the winter the thing was becoming serious; some of the laborers (those from Aashotan) said they had been promised their pay upon the completion of the walls. The walls were now up, and as they did not receive their pay they should tear them down again. They, however, took a sober second thought and gave the matter up.

            Our complaints are, the usual attendants upon a reservation placed as this is, with more whites upon it than there are Indians, all the mining camps and towns having some wretches whose only means of support are the few bottles of whiskey sold the Indians ; daily collisions between whites and Indians in regard to stock or their little farms ; a reservation with the capitol of the Territory located upon it, where laws are made every winter in direct violation of the United States intercourse laws governing the Indian country, and the agreement made with these Indians in the treaty, and these same laws approved and signed by the governor, who is ex-officio superintendent of Indian affairs, causing a doubt in the minds of the Indians as to whether their superintendent has come on to look after them, or whether he is assisting the whites in getting the balance of their country. There is hardly a week passes by but what complaints of some sort are made, the result of laws passed by the legislature, or made by county commissioners.

            In all of my operations since the new year I have felt the want of funds, and many necessary things have suffered on that account. With the funds that are appropriated paid promptly in the hands of the agents at the end of each quarter, or still better to have them in advance, the efficiency of the service would be much enhanced and greater economy practiced in the purchase of supplies needed, saving from 25 to 50 per cent. on all purchases. Many articles actually necessary cannot be purchased on credit at all. The employes would take a much greater interest in their work for government if they were sure of receiving their pay at the end of the quarter, or even at the expiration of six months. The head chief, Lawyer, who ought never to be allowed to wait one day after the expiration of the quarter for his pay, has now due him as follows : 4th quarter 1863, 1st and 2d quarters 1864, and 1st and 2d quarters 1865—in all, $629. Lawyer's duties, as head chief, compel him to live here at the agency; family consists of himself, wife, son's wife and two children, and daughter and one child, with other Indians coming and going constantly. I know that within the last six months he has actually suffered for the common necessaries of life, and had to dispose of his vouchers for 50 cents on the dollar to purchase such necessaries. It is a shame to treat him so ; when his chiefs and his people are complaining to him of the want of their annuities, he always has some excuse to make them for our shortcomings.

            Our farming operations this season do not show as well as I wish they did. Crickets, worms, and grasshoppers have almost used us up. Some of the Indian farms, especially those on the " Elpow-a-wai," that were not destroyed by the high water last winter, have since been ruined by the worms and crickets. On the north side of the Clearwater the crops are

238      IDAHO SUPERINTENDENCY.

good, and also at the Kamiah and above there, on the Lapwai, some of their farms are good, others totally destroyed ; while on the Elpow-a-wai, Elpah-hah, Asbotan, Snake river, and Salmon river, there will not, be one-quarter of the usual amount raised. The Indians are already laying in an unusual quantity of camas for their winter provision. Last spring I procured between four and five thousand cuttings from grafted fruit, assorted, and started a nursery at this place ; the worms have destroyed some four or five hundred roots, the balance are doing finely, and will be ready to distribute to the Indians next fall. We have yet some four or five thousand seedlings to graft, besides several thousand healthy looking locusts from two to eight feet high. I have also one hundred sweet-potatoe plants doing well, and which bid fair to produce something in the fall.

            Our grist and saw mills need some overhauling. Mr. Hale, our wagon and plough maker, besides being an experienced millwright, reports the necessity of a shaft and pinion. I shall have to send to Portland to get them cast, and, if possible, on credit.

            The saw-mill needs a new sash and carriage-way. The sawyer is now up the river procuring the necessary timber ; be will not be back in time to render his report. Not having funds to purchase logs last spring, I sawed on shares about 30,000 feet, not being able to get any more at that time. I will have no difficulty, though, this fall in getting all I want to saw on the same terms. The blacksmith and carpenter shop are in good repair ; some materials are needed for each shop, which I shall purchase as soon as funds are on hand.

            Our supply of medicines became very low. We had not the commonest sort required for Indians, and for months had been supplied at the hospital at Fort Lapwai, until the commanding officer gave orders that no more should be issued to Indians. I was then compelled to purchase a supply in Portland.

            In my report last year I called your attention to the improvements suggested by Mr. Whitman, the then superintendent of farming. Mr. Thatcher, the present superintendent, makes the same suggestions. I would respectfully ask that directions be given me to dispose of the oxen in some manner, either by sale or trading ; they are not increasing, but deteriorating in value every day.

            In the report of Mr. Spaulding, superintendent of teaching, there are many things worthy of consideration. We cannot expect the school to prosper, nor scholars to attend from a distance, unless some place is provided for them. The department has a wrong idea of this reservation. It is not like most of the reservations of this coast, with all the Indians congregated near the agency buildings. There are but three bands, and they the smallest in the nation, (the children numbering probably fifteen or twenty that could attend school,) that could conveniently send their young children every day; the rest are located at from three miles to seventy-five or eighty from the agency.

            I have had nothing done to the church since last fall ; the wall on the east side, as I wrote you in March, will require rebuilding. The time of Mr. Hale, the only person who understands stone-laying, has been so much occupied that it was impossible for him to attend to it, and unless specially instructed I did not like to engage a regular stone-mason to do this job. I would like you to give me the necessary directions as to the roof, whether hip or otherwise, and also as to what it shall be covered with, whether shingles or tin.

            The latter part of last January we were visited with a very heavy rain ; the Lapwai in four hours rose about ten feet, carrying everything before it ; our loss was about 2,000 feet of sawed lumber, a batteau, and the washing away of the good part of one of our fields.

IDAHO SUPERINTENDENCY.       239

            Accompanying this are the reports of Mr. Spaulding, superintendent of teaching ; Mr. Thatcher, superintendent of farming ; Mr. Hale, wagon and plough maker ; Mr. Latimer, carpenter ; Mr. Misinger, blacksmith ; and Mr. Miller, grist-miller ; all the employes are efficient and faithful in the discharge of their duties. To Captain Mathews, commanding Fort Lapwai, I am under many obligations for assistance rendered me when needed.

            Very respectfully, your obedient servant,

JAMES O'NEIL,

United States Indian Agent, Nez Percé Agent.

His Excellency CALEB LYON,

            Governor and Ex-officio Superintendent of

                        Indian Affairs, Boise City, Indian Territory.

__________

No. 80.

OFFICE NEZ PERCÉ INDIAN AGENCY,

Lapwai, August 3, 1865.

            SIR : I have the honor to transmit the following information which I have just received from Metat Uchras, or Three Feathers, one of the leading chiefs of this (Nez Percé) nation.

            Three Feathers left here last August for the Flathead country. Upon his arrival there, some of the Flatheads had just come in with two of their people, wounded in an engagement with the Snakes. He found the Flatheads had quite a number of horses that had been stolen from the whites. He remained there but a short time, and left for Stinking Water; from thence to the Vermillion ground, where he was to meet Eagle-from-the-Light, and his band of Nez Percés. While there, eight white men came up and accused the Nez Percés of stealing ten horses from them; they denied it, but told them where they might find them among the Flatheads. The whites then left, but returned again the next morning and killed one of the Nez Percés, a Lapwai Indian, brother of Te-a-po-o-hike. Soon after the Nez Percés broke camp, and while on their journey met some of the young men (Nez Percés) with twelve horses that they had stolen from the Crows. Three Feathers tried to get them to take them back, but they would not until he asked the assistance of some of the Flatheads with them, when they took three of the best ones and returned to the Crows, so that the Crows would have no excuse for stealing horses from them.

            Soon after they came to a camp of friendly Crows, at the forks of the Beaver Head and Sun rivers. In a day or two they had a talk with ten chiefs of the Crows, and learned from them that they had just returned from a ten days' fight with the Sioux, in which the Sioux were victorious. They said they would be compelled to remain friends with the Nez Percés, to get their assistance in fighting the Sioux. They had now been fighting the Sioux for six years, and were almost poverty stricken, and they did not wish to be made slaves of by the Sioux. As they expressed themselves, the war fires had been set burning by White Horse, one of their chiefs, who had been wounded by the Sioux seven times, the wife of White Horse having gone over to the Sioux, and they refusing to give her up.

            Many of the young people of the Crows were dying off. A few days before the Nez Percés joined the Crows, a train of four wagons had halted to get their dinner, and two young Crow men came up to them, and while hanging around the camp one of them picked up a piece of bread and ate it, when the whites shot them both. As soon as the news came to the main camp of

240      IDAHO SUPERINTENDENCY.

the Crows they started for the scene, but the whites had left and abandoned everything, (provisions, oxen, and wagons.) The Crows took what loose stuff there was left, refusing to kill the oxen, although requested to by the Nez Percés, as they were out of meat.

            Soon after this occurrence the Sioux saw a train of ten wagons approaching; they concealed themselves with the exception of four men, whom they sent to see if they could trade with the whites. One of the whites tried to take one of the Indian's horses, when the concealed ones went to the assistance of the four, and killed all of the whites with the train, with their lances.

            Last summer many of the Blackfeet died with the small-pox. The Black-feet supposed it was brought among them in the blankets which they got from the whites. They attacked a train consisting of four wagons, commanded by six Americans, three Frenchmen, and one negro, murdering all of them. One of the Blackfeet chiefs of the Regan band, named Little Dog-has always, until this spring, been a firm friend of the whites, but his people have at last compelled him to come over and, as Three Feathers expressed it, "they led him like a horse." It is the determination of all the different bands of Blackfeet to wage war against the whites. The Crows, however, will remain friendly, and it was their desire that this band of Nez Percés, under Three Feathers, remain with them and join the whites against the Sioux.

            Three Feathers says he claims no credit for what he said to the Crows to induce them to remain friendly with the whites, but it was caused more by the friendly reception accorded some Crow chiefs, and the valuable presenter given them by some whites at Fort Union last summer. Three Feathers returned to his home last week, having been among the different bands above named about eleven months, and I think his statement can be relied on.

            Very respectfully, your obedient servant,

JAMES O'NEIL,

U. S. Indian Agent, Nez Percé Agency.

Hon. W. P. DOLE,

            Commissioner Indian Affairs, Washington, D. C.

__________

[Annual Report of the Commissioner of Indian Affairs, 1865, pp. 466-467]

APPENDIX

__________

OREGON

* * * * * * *

INDIANS NOT UNDER SUPERVISION OF AGENTS.

            The second class of Indians referred to are estimated at 4,900 souls, nearly all of whom live in the country east of the Cascade mountains and south of the Blue mountains. They are the Klamaths, Modocs, and the several sub-tribes of Snakes known as Yah-hoos-kin, Woll-pah-pe, Wah-tat-kin, I-uke-spi-ule, and Hoo-ne-boo-ey. Congress having made an appropriation for treating with and subduing these Indians, I proceeded last October, under instructions from your office, to make a treaty with the Klamaths, Modocs and Yah-hoos-kin Snakes. This object was attained and a full account of the expedition was transmitted to your office in my letter of 10th December last. A copy of that letter is hereto appended, marked "D," made a part of this report, and I hope will be printed with it. Last June, acting under further instructions from your office, I proceeded to the Snake country, designing to

APPENDIX.    467

consummate a treaty with such of the Snake Indians as could be reached. Two of the women and one of the children captured in the previous expedition were taken along under guard, the other woman and child being left, too sick to travel, at Warm Springs; and through them and the partially friendly Klamaths I got into communication with Pau-le-nee, or Pah-ni-nes, chief of the Woll-pa-pe Snakes, and, after a few days' conference, during which I had no small difficulty in overcoming their fear of just retribution for their barbarous and long-continued war upon the whites, the treaty was agreed upon, committed to writing, and duly signed. The treaty was transmitted to your office on the 1st September instant. It will be found, upon examination, to call for the expenditure of a very small amount of money when ratified. Indeed, it is mainly an addendum to the treaty of 15th October, 1864, with the Klamaths and Modocs, bringing the Woll-pah-pe tribe on the same reservation, giving them partial benefit of the same employes and buildings, the only additional expenditure being the moderate sum stipulated for establishing them in their new home, and the small annuity to be given them. Indeed, the two treaties taken together will be found to include a greater number of Indians, cede a larger extent of territory, and anticipate smaller expenditure than any other treaties ever negotiated in this region. I earnestly recommend their ratification, and trust you will indorse this recommendation to the Senate.

            The several tribes of Snake Indians have never been friendly with the whites, but their hostility cannot be said to have been systematic and determined until within the last eight or nine years. The amount of property destroyed and the number of lives taken by them in that time has been enormous. A partial list of depredations committed by them has been compiled from the newspapers of the State, and other sources, and is herewith submitted, marked "E." This does not probably include all of their depredations upon whites. Besides these are several raids made upon the Warm Spring reservation, in which large amounts of stock have been stolen and many lives taken. In one of these attacks, made in 1859, Agent Dennison being then in charge, the Snakes stole a large number of horses, variously stated at from 500 to 700, and all the cattle of both Indians and department. But a small part was ever recovered. Numerous military expeditions have been sent against them, but the nature of their country, their nomadic habits and fierce character, gave the Indians such advantage that it is no exaggeration to say that ten good soldiers are required to wage successful war against one Indian. Every Indian killed or captured by the military has cost the government fifty thousand dollars at least. Economy, then, indicates that it is much cheaper to feed them than to fight them.

            Once settled upon the Klamath reservation the Woll-pah-pe tribe will be the means of bringing all the others in. Indeed, Pau-li-nee is the war chief, the recognized leader in all their warlike expeditious. His submission will soon, no doubt, be followed by that of How-lark and We-yow-we-wa, and with them the last of the hostile bands. I confidently expect to be able to treat with all of them without any additional appropriations.

            In negotiating these treaties, and in travelling through the hostile country I frequently found it necessary to call upon the military authorities for assistance, and it gives me pleasure to say that they were uniformly ready to extend such aid as was necessary. General B. Alvord, Colonel G. B. Garry, Major U. V. Rinehart, Captain William Kelly, and Lieutenants Halloran, Applegate, and Underwood, all responded cheerfully to such demands as I made.

* * * * * * *

[Annual Report of the Commissioner of Indian Affairs, 1865, pp. 472-474]

472      APPENDIX.

No. 1 E.

List of depredations committed by Snake Indians from 1862 to 1865 ; compiled from the newspapers of Oregon.

1862.

            March 15.—A party of whites attacked on John Day's river. 13 men killed; among whom were Buell Woddard, Samuel Stephens, and John Shaffer.

            April 12.—A party of whites attacked by Indians on Owen's river, Nevada, Douglas and Cunning escaped wounded. Cattle all taken by the Indians. Others thought to have been killed.

            April 22.—Salt Lake Indians committing depredations upon the mail company. Stolen nearly all the stock and killed several employes, &c.

            August 30.—Captain Curry, 1st Oregon cavalry, shot an Indian at Grande Ronde valley. His men coming to his assistance, shot four more.

            September 13.—George Grimes was killed between Payette and Boise rivers.

            October 4.—Salt Lake, September 21, 1862.—Charles McBride reports his party attacked by Snake Indians, at City of Rocks, on Humboldt route. Six men killed and two wounded.

            October 4.—Gravelly ford, Humboldt river.—Report of massacre of 23 emigrants—men, women and children.

            October 25.—A trader, named Campbell, killed in Smoky Creek Cañon and robbed of six or seven thousand dollars.

            September 20.—Despatch from Salt Lake, September 11, 1862, from Snake river, reports two trains attacked by Indians at Sublette's Cut-off on 15th August. Twenty white persons killed.

            October 25.—Two white men killed. One on Sweet Water, by son of a Walla-Walla chief ; the other by a Nez Percé near the Lapwai.

            November 8.—Salt Lake City.—Between Gravelly ford and City of Rocks Major McGarry captured twenty-six Indians; held twenty-four as hostages.

            November 22.—Snake Indians made a descent on a camp of whites near Fort Boise, and drove off all their animals.

1863.

            March 14.—Battle of Colonel Connor's forces with Indians, on Bear river, Idaho Territory, one hundred and fifty miles north of Salt Lake City. Two hundred and twenty-four Indians left on the field.

            March 28.—Brayton and Wardel killed on Snake river, near the mouth of Powder river.

            April 4.—Captain Standifer's company arrived at Placerville. Reports numbers of Indians killed, &c.

            April 11.—Snakes drove off fifty head of animals from part of Burnt river. Pack train driven off also.

            April 25.—Captain Standifer's party had a fight with Indians on the Malheur. Killed twenty of them.

            April 25.—Captain Flyme's detachment made attack on Indians on north fork of Eel river, at Big Bend. Killed thirty-eight and took forty squaws:

            April 25.—Snakes drove off 80 head of cattle from a drove from southern Oregon for Boise.

            June 27.—A band of Indians made a descent on a party of miners at Burnt river. Drove off two hundred head of horses.

            July 25.—Bodies of five persons found on South Salmon, supposed to have been massacred by Indians.

APPENDIX.    473

            July 25.—Indians attacked a prospecting party. Destroyed the cabin of Dr. Price. They numbered from fifteen to twenty. Retreated to South fork, near Cañon City.

            August 15.—Indians on the Malheur made a descent upon a camp and drove off part of the stock.

            October 31.—Skirmish with Indians, by Captain Curry's command, on the plains at Bruneau creek. Killed four.

1864.

            April 9.—On Burnt river, thirty miles above Auburn, Snake Indians drove off a number of horses; and on upper Burnt river committed wholesale robbery and arson.

            April 30.—On south fork of John Day's river Lieutenant Waymire's command engaged the Indians, two hundred strong. The Indians were supposed to lose several. Several of the command were missing. A number of horses stolen by the Indians.

            May 28.—Captain Drake's command had a fight with Indians on Crooked river. First Lieutenant Watson, James Haskison, and Kennedy were killed; also four friendly Indians; among them Stock Whitely, chief of the Lower Des Chutes tribe.

            June 4.—Snake Indians, twelve in number attacked a party of whites, near the Mountain House, half way between Cañon City and the Dalles. Benjamin Harding killed, and Rogers wounded.

            June 18.—Fifty to one hundred Indians attacked a party near Queen's river, Nevada. J. W. Dodge and J. W. Burton killed. Eight animals fell into the hands of the Indians.

            November 12.—Snokomish river, Washington Territory.—Mr. Riely got into an affray with an Indian. Subsequently went with a party and killed an Indian and wounded two squaws.

            December 31.—Near Alkali Flat, on the road to Cañon City, Mr. F. Adams had his mules and horses stolen. He recovered part of them.

1865.

            July 8.—Auburn, June 23.—On April 25 Douthitt's pack train of thirty-six animals, another train of thirty animals, and twenty-two head of fine horses, all taken in one night, in the neighborhood of Marke's ranch.

            Seventy miles above the mouth of Jordan creek, in May, over one hundred horses and over one hundred and fifty head of cattle were stolen. About June 1 thirty-six head of Hill Beachy's stage horses were stolen from the station near the same place. On 30th May twenty-six fine horses were stolen from here. On the 22d Judge Johnson lost two fine horses. Settlers in that vicinity petition the governor for military aid.

            July 9.—Snake Indians attacked a party at Bridge Creek house. Six men wounded, seventeen horses killed and three stolen.

            July 16.—Snake Indians, twelve or fourteen, in ambush at Goose lake, attacked four white men. Two were badly wounded.

            July 16.—Ten or twelve Snake Indians attacked Richardson's train between Silver lake and head of Des Chutes. Lost three thousand five hundred pounds of flour and seven oxen.

            July 23.—Near Saline lake a party was attacked by Indians in ambush ; both were wounded, but escaped.

            July 30 —Indians killed an Englishman ranching on Jordan creek. Drove off thirty head of horses and mules and fifteen head of cattle. Party went in pursuit and killed seven Indians and lost one man.

474      APPENDIX.

            September 3.—Indians attacked a train near Fort Lamed. All Captain McLean's battery horses, quartermaster's stores, stock, train stock and beef cattle were driven off.

            September 10 —Reese river.—Indians seventy miles south of here committing depredations. Stolen thirty horses.

            July 29.—Ruby City.—In July a herd of forty-one horses were stolen from ranch on Reynolds's creek, about seven miles distant from here, by Malheur Indians. Lieutenant Hobart, 1st Oregon cavalry, with company of men, followed them and recovered thirteen horses, having one man wounded.

            August 5.—Boise City.—In July, four oxen and a horse and mule were stolen from Pleasant valley, on Jordan creek. Seven Indians were in the raid. Soldiers killed four.

            September 9.—Carson City.—In the latter part of August all the horses at the toll-gate, twenty-five miles east of this place, were driven away. On the 25th instant stock stolen from Strawberry valley, 18 miles east. On the next night seven horses and about three hundred head of cattle were driven away from Indian creek, within ten miles of here.

            September 15.—At Silver river Lieutenant Bowen, with forty-five men, encountered three Indians. They killed two and captured the third. While prisoner he succeeded in shooting one of the guard, and was immediately killed.

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