A History of Oregon, 1792-1849

The Indians, having gained one and another victory, became more and more insolent, till at last, some time previous to my arrival, they were not only obtrusive and exceedingly annoying about and in the missionaries’ houses, but seized one of the clergymen in his own house,2 without a shadow of provocation, further than that of treating a better neighboring chief with more respect than they, and insulted him most shamefully, there being no other white person within fifty miles, save his sick and delicate lady. Soon after, they commenced on Dr. Whitman; pulled his ears and hair, and threw off his hat three times in the mud at his feet. A short time after, the chiefs assembled, broke into the house, violently assailed his person with war clubs, and, with an ax, broke down the door leading to his own private apartment. It is generally thought, and possibly with truth, that, on this occasion, Dr. Whitman would have been killed, had not a party of white men arrived in sight just at this moment.3 Never was such an outrage and insult more undeserving. He had built, for the express purpose of Indian accommodation, a house of the same materials, and finished in like manner with his own, of respectable size, and joined to his, and at all times, night and day, accessible. In addition to this, they were admitted to every room in his house but one. This being closed, had like to have cost him his life. He had hardly left for the States last fall, when, shocking to relate, at the hour of midnight, a large Indian chief managed to get into the house, came to the door of Mrs. Whitman’s bed-chamber, and had succeeded in getting it partly open before she reached it. A white man, sleeping in an adjoining apartment, saved her from violence and ruin. The villain escaped. There was but one thing wrong in this matter on the part of Dr. Whitman, and that was a great error, – leaving his excellent lady unprotected in the midst of savages.4 A few days after this they burned down the mission mill on his premises, with all its appendages and considerable grain, damaging them not less than twelve or fifteen hundred dollars. About the same time, Mrs. Spalding was grossly insulted in her own house, and ordered out of it, in the absence of her husband. Information reached him of an Indian having stolen his horse near the same time; he hastened to the spot to secure the animal; the rogue had crossed the river; but, immediately returning, he presented his loaded gun, cocked, at the breast of Mr. Spalding, and abused and menaced as far as possible without shooting him.5

In addition to this, some of our own party were robbed openly of considerable property, and some twelve horses were stolen by night. All this information, coming near the same time, was embarrassing, especially as my instructions would not allow me to exceed, for office, interpreter, and every purpose, $1,250 per annum. On the other hand, their passport, signed by the Secretary of War, made it my imperative duty to protect them, in their persons, at least, from outrage. I did not long hesitate, but called upon Thomas McKay, long in the employment of the Hudson’s Bay Company as explorer and leader of parties, who, from his frank, generous disposition, together with his universal success in Indian warfare, has obtained an extensive influence among the aborigines of the country, and, placing the facts before him, he at once consented to accompany me to this scene of discord and contention. We took but six men with us, armed in the best manner, a sufficient number to command respect and secure the object of our undertaking, – McKay assuring me, from his familiar acquaintance with these Indians, and their thorough knowledge of the use of arms, that if hostile intentions were entertained, it would require a larger party than we could raise in this country to subdue them. Obtaining Cornelius Rogers as interpreter, we set out on the 15th of November on our voyage of misery (as McKay justly denominated it), having a journey, by water and land, of not less than nine hundred and fifty miles, principally over open plains, covered with snow, and several times under the necessity of spending the night without wood or fire, other than what was made by a small growth of wild sage, hardly sufficient to boil the tea-kettle. The gentlemen, as we called at Vancouver, did every thing in their power to make the journey comfortable, but evidently felt anxious concerning our safety. We reached the Dalles, some two hundred and twenty miles from the Pacific, on the 24th, having been detained by wind, spent several days with the Methodist Mission families, who welcomed us joyfully, and made our stay agreeable and refreshing. Mrs. Dr. Whitman was here, having found it improper and unsafe to remain where she had been so lately grossly insulted. Her noble and intellectual mind and spirit were much depressed, and her health suffering; but still entertaining for the people or Indians of her charge the feelings of a mother toward ungrateful children. Our visit encouraged her. We procured horses and traveled by land to Wallawalla, 140 miles above, reaching the Hudson’s Bay establishment on the 30th. Mr. McKinley, the gentleman in charge, to whom the missionaries are indebted for many kind offices in this isolated portion of earth, resolved to make it a common cause, and stand or fall with us. We reached Wailatpu, the station of Dr. Whitman, the day following, and were shocked and pained at beholding the sad work of savage destruction upon this hitherto neat and commodious little establishment. The Indians in the vicinity were few and shy. I thought best to treat them with reserve, but made an appointment to meet the chiefs and tribe on my return. Left the day following for the station of Mr. Spalding among the Nez Percés, some 120 or 130 miles from Wailatpu; reached it on the 3d of December, after a rather pleasant journey over a most verdant and delightful grazing district, well watered, but badly timbered. Having sent a private dispatch in advance, they had conveyed the intelligence to the Indians, many of whom were collected. The chiefs met us with civility, gravity, and dignified reserve, but the missionaries with joyful countenances and glad hearts.

Seldom was a visit of an Indian agent more desired, nor could one be more necessary and proper. As they were collecting, we had no meeting for eight and forty hours; in the mean time, through my able interpreter and McKay, I managed to secure confidence and prepare the way to a good understanding; visited and prescribed for their sick, made a short call at each of the chiefs’ lodges, spent a season in school, hearing them read, spell, and sing; at the same time examined their printing and writing, and can hardly avoid here saying I was happily surprised and greatly interested at seeing such numbers so far advanced and so eagerly pursuing after knowledge. The next day I visited their little plantations, rude, to be sure, but successfully carried on, so far as raising the necessaries of life were concerned; and it was most gratifying to witness their fondness and care for their little herds, pigs, poultry, etc.

The hour arriving for the public interview, I was ushered into the presence of the assembled chiefs, to the number of twenty-two, with some lesser dignitaries, and a large number of the common people. The gravity, fixed attention, and decorum of these sons of the forest was calculated to make for them a most favorable impression. I stated explicitly, but briefly as possible, the design of our great chief in sending me to this country, and the present object of my visit; assured them of the kind intentions of our government, and of the sad consequences that would ensue to any white man, from this time, who should invade their rights, by stealing, murder, selling them damaged for good articles, or alcohol, of which they are not fond. Without threatening, I gave them to understand how highly Mr. and Mrs. Spalding were prized by the numerous whites, and with what pleasure the great chief gave them a paper to encourage them to come here to teach them what they were now so diligently employed in obtaining, in order that they and their children might become good, wise, and happy.

After me, Mr. McKinley, the gentleman in charge of the Hudson’s Bay establishment at Wallawalla, spoke concisely, but very properly; alluded to his residence of some years, and of the good understanding that had generally existed between them, and of the happiness he felt that one of his brothers had come to stand and judge impartially between him, them, and whites and Indians in general; declared openly and frankly, that Boston, King George, and French, were all of one heart in this matter, as they, the Cayuses and Wallawallas should be; flattered them delicately in view of their (to him) unexpected advancement in the arts and sciences, and resumed his seat, having made a most favorable impression.

Next followed Mr. Rogers, the interpreter, who, years before, had been employed successfully as linguist in this section of the country by the American Board of Commissioners, and was ever a general favorite with this people. He adverted, sensibly and touchingly, to past difficulties between whites and Indians east of the mountains, and the sad consequences to every tribe who had resisted honorable measures proposed by the more numerous whites; and having, as he hoped, secured their confidence in my favor, exhorted them feelingly to adopt such measures as should be thought proper for their benefit.

Next, and lastly, arose Mr. McKay, and remarked, with a manner peculiar to himself, and evidently with some emotion: “I appear among you as one arisen from the long sleep of death. You know of the violent death of my father on board the ship Tonquin, who was one of the partners of the Astor company; I was but a youth; since which time, till the last five years, I have been a wanderer through these wilds, none of you, or any Indians of this country, having traveled so constantly or extensively as I have, and yet I saw you or your fathers once or more annually. I have mingled with you in bloody wars and profound peace; I have stood in your midst, surrounded by plenty, and suffered with you in seasons of scarcity; we have had our days of wild and joyous sports, and nights of watching and deep concern, till I vanished from among men, left the Hudson’s Bay Company, silently retired to my plantation, and there confined myself. There I was still, silent, and as one dead; the voice of my brother, at last, aroused me; I spoke and looked; I mounted my horse – am here. I am glad it is so. I came at the call of the great chief, the chief of all the whites in the country, as well as all the Indians – the son of the mighty chief whose children are more numerous than the stars in the heavens or the leaves in the forest. Will you hear, and be advised? You will. Your wonderful improvement in the arts and sciences prove you are no fools. Surely you will hear; but if disposed to close your ears and stop them, they will be torn open wide, and you will be made to hear.” This speech from Mr. McKay, whose mother is part Indian, though the wife of Governor McLaughlin, had a singularly happy influence, and opened the way for expressions on the other side, from which there had not hitherto been a sentence uttered.

First arose Five Crows, a wealthy chief of forty-five, neatly attired in English costume. He stepped gravely but modestly forward to the table, remarking: “It does not become me to speak first; I am but a youth, as yet, when compared with many of these, my fathers; but my feelings urge me to arise and say what I am about to utter in a very few words. I am glad the chief has come; I have listened to what has been said; have great hopes that brighter days are before us, because I see all the whites united in this matter; we have much wanted something; hardly knew what; been groping and feeling for it in confusion and darkness. Here it is. Do we see it, and shall we accept it?”

Soon the Bloody Chief (not less than ninety years old) arose, and said: “I speak to-day; perhaps to-morrow I die. I am the oldest chief of the tribe; was the high chief when your great brothers, Lewis and Clarke, visited this country; they visited me, and honored me with their friendship and counsel. I showed them my numerous wounds received in bloody battle with the Snakes; they told me it was not good, it was better to be at peace; gave me a flag of truce; I held it up high; we met and talked, but never fought again. Clarke pointed to this day, to you, and this occasion; we have long waited in expectation; sent three of our sons to Red River school to prepare for it; two of them sleep with their fathers; the other is here, and can be ears, mouth, and pen for us. I can say no more; I am quickly tired; my voice and limbs tremble. I am glad I live to see you and this day, but I shall soon be still and quiet in death.”

The speech was affecting. Six more spoke, and the meeting adjourned three hours. Met at the hour appointed. All the chiefs and principal men being present, stated delicately the embarrassed relation existing between whites and Indians in this upper country, by reason of a want of proper organization, or the chiefs’ authority not being properly regarded; alluding to some cases of improprieties of young men, not sanctioned by the chiefs and old men; and where the chiefs had been in the wrong, hoped it had principally arisen from imperfectly understanding each other’s language, or some other excusable cause, especially so far as they were concerned. Advised them, as they were now to some extent prepared, to choose one high chief of the tribe, and acknowledge him as such by universal consent; all the other subordinate chiefs being of equal power, and so many helps to carry out all his lawful requirements, which they were at once to have in writing, in their own language, to regulate their intercourse with whites, and, in most cases, with themselves. I advised that each chief have five men as a body-guard, to execute all their lawful commands. They desired to hear the laws. I proposed them clause by clause, leaving them as free to reject as to accept. They were greatly pleased with all proposed, but wished a heavier penalty to some, and suggested the dog law, which was annexed. We then left them to choose the high chief, assuring them if they did this unanimously by the following day at ten, we would all dine together with the chief, on a fat ox, at three, himself and myself at the head of the table; this pleased them well, and they set about it in good cheer and high hopes; but this was a new and delicate task, and they soon saw and felt it; however, all agreed that I must make the selection, and so reported two hours after we left the council. Assuring them this would not answer, that they must select their own chief, they seemed somewhat puzzled, and wished to know if it would be proper to counsel with Messrs. McKay and Rogers. On telling them that it was not improper, they left, a little relieved, and worked poor Rogers and McKay severely for many hours; but altogether at length figured it out, and in great good humor, so reported at ten, appointing Ellis high chief.6 He is the one alluded to by the Bloody Chief, a sensible man of thirty-two, reading, speaking, and writing the English language tolerably well; has a fine small plantation, a few sheep, some neat stock, and no less than eleven hundred head of horses. Then came on the feasting; our ox was fat, and cooked and served up in a manner reminding me of the days of yore; we ate beef, corn, and peas, to our fill, and in good cheer took the pipe, when Rev. Mr. Spalding, Messrs. McKinley, Rogers, and McKay, wished a song from our boatmen; it was no sooner given than returned by the Indians, and repeated again, again, and again, in high cheer. I thought it a good time, and required all having any claim to bring, or grievances to allege, against Mr. Spalding, to meet me and the high chief at evening, in the council-room, and requested Mr. Spalding to do the same on the part of the Indians. We met at six, and ended at eleven, having accomplished, in the happiest manner, much anxious business. Being too well fed to be irritable or disposed to quarrel, both parties were frank and open, seeming anxious only to learn our opinion upon plain undisguised matters of fact, many of the difficulties having arisen from an honest difference of sentiment respecting certain measures.

Ellis, the chief, having conducted himself throughout in a manner creditable to his head and heart, was quite as correct in his conclusions and firm in his decisions as could have been expected. The next day we had our last meeting, and one full of interest, in which they proposed to me many grave and proper questions; and, as it was manifestly desired, I advised in many matters, especially in reference to begging, or even receiving presents without, in some way, returning an equivalent; pointed out in strong language who beggars are among the whites, and how regarded; and commended them for not once troubling me, during my stay, with this disgusting practice; and as a token of respect, now, at the close of our long and happy meeting, they would please accept, in the name of my great chief, a present of fifty garden hoes, not for those in authority, or such as had no need of them, but for the chiefs and Mr. Spalding to distribute among their industrious poor. I likewise, as they were very needy, proposed and ordered them some medicines, to be distributed as they should from time to time be required. This being done, I exhorted them to be in obedience to their chiefs, highly approving the choice they had made, assuring them, as he and the other chiefs were responsible to me for their good behavior, I should feel it my duty to see them sustained in all lawful measures to promote peace and order. I then turned, and with good effect desired all the chiefs to look upon the congregation as their own children, and then pointed to Mr. Spalding and lady, and told the chiefs, and all present, to look upon them as their father and mother, and treat them in all respects as such; and should they happen to differ in sentiment respecting any matter during my absence, be cautious not to differ in feeling, but leave it till I should again return, when the chief and myself would rectify it. Thus closed this mutually happy and interesting meeting, and mounting our horses for home, Mr. Spalding and the chiefs accompanied us for some four or five miles, when we took leave of them in the pleasantest manner, not a single circumstance having occurred to mar our peace or shake each other’s confidence.

I shall here introduce a note, previously prepared, giving some further information respecting this tribe, and appending a copy of their laws. The Nez Percés have one governor or principal chief, twelve subordinate chiefs of equal power, being the heads of the different villages or clans, with their five officers to execute all their lawful orders, which law they have printed in their own language, and read understandingly. The chiefs are held responsible to the whites for the good behavior of the tribe. They are a happy and orderly people, forming an honorable exception to the general Indian character, being more industrious, cleanly, sensible, dignified, and virtuous.

This organization was effected last fall, and operates well, and with them, it is to be hoped, will succeed. A few days since Governor McLaughlin favored me with a note addressed to him from the Rev. H. H. Spalding, missionary to this tribe, stating as follows: —

“The Indians in this vicinity are remarkably quiet this winter, and are highly pleased with the laws recommended by Dr. White, which were unanimously adopted by the chiefs and people in council assembled. The visit of Dr. White and assistants to this upper country will evidently prove an incalculable blessing to this people. The school now numbers two hundred and twenty-four in daily attendance, embracing most of the chiefs and principal men of the nation.”

Laws of the Nez Percés

Article 1. Whoever willfully takes life shall be hung.

Art. 2. Whoever burns a dwelling-house shall be hung.

Art. 3. Whoever burns an out-building shall be imprisoned six months, receive fifty lashes, and pay all damages.

Art. 4. Whoever carelessly burns a house, or any property, shall pay damages.

Art. 5. If any one enter a dwelling, without permission of the occupant, the chiefs shall punish him as they think proper. Public rooms are excepted.

Art. 6. If any one steal he shall pay back twofold; and if it be the value of a beaver skin or less, he shall receive twenty-five lashes; and if the value is over a beaver skin he shall pay back twofold, and receive fifty lashes.

Art. 7. If any one take a horse and ride it, without permission, or take any article and use it, without liberty, he shall pay for the use of it, and receive from twenty to fifty lashes, as the chief shall direct.

Art. 8. If any one enter a field, and injure the crops, or throw down the fence, so that cattle or horses go in and do damage, he shall pay all damages, and receive twenty-five lashes for every offense.

Art. 9. Those only may keep dogs who travel or live among the game; if a dog kill a lamb, calf, or any domestic animal, the owner shall pay the damages and kill the dog.

Art. 10. If an Indian raise a gun or other weapon against a white man, it shall be reported to the chiefs, and they shall punish it. If a white do the same to an Indian, it shall be reported to Dr. White, and he shall punish or redress it.

Art. 11. If an Indian break these laws, he shall be punished by his chiefs; if a white man break them, he shall be reported to the agent, and punished at his instance.

After a severe journey of some four days, through the inclemency of the weather, we reached Wailatpu, Dr. Whitman’s station, where we had many most unpleasant matters to settle with the Cayuse tribe, – such as personal abuse to Dr. Whitman and lady, burning the mill, etc. Several, but not all, of the chiefs were present. Learning what the Nez Percés had done gave them great concern and anxiety. Tawatowe, the high chief, and Feather Cap were there, with some few more dignitaries, but manifestly uneasy, being shy and cautious. I thought best under the circumstances to be quiet, distant, and reserved, and let them commence the conversation with my worthy and faithful friends, Rogers and McKay, who conducted it with characteristic firmness and candor. They had not proceeded far before Feather Cap, for the first time in his life, so far as we know, commenced weeping, and wished to see me; said his heart was sick, and he could not live long as he now felt. Tawatowe, who was no way implicated personally in the difficulties, and a correct man, continued for some time firm and steady to his purpose; said the whites were much more to blame than the Indians; that three-fourths of them, though they taught the purest doctrines, practiced the greatest abominations, – alluding to the base conduct of many in the Rocky Mountains, where they meet them on their buffalo hunts during the summer season, and witness the greatest extravagances. They were shown the inapplicability of such instances to the present cases of difficulty. He, too, at last, was much subdued; wished to see me; was admitted; made a sensible speech in his own favor; said he was constituted, eight years before, high chief; entered upon its duties with spirit and courage, determined to reduce his people to order. He flogged the young men and reproved the middle-aged, till, having none to sustain him, his popularity had so declined, that, except in seasons of difficulty brought about by their improprieties, “I am left alone to say my prayers and go to bed, to weep over the follies and wickedness of my people.” Here his voice trembled, and he wept freely; acknowledged it as his opinion that the mill was burnt purposely by some disaffected persons toward Dr. Whitman. I spoke kindly and somewhat encouragingly to these chiefs; assured them the guilty only were to be regarded as such; and that candor was commendable, and would be honored by all the good; assured them I credited all they said, and deplored the state of their nation, which was in perfect anarchy and confusion; told them I could say but little to them now, as their chiefs were mostly abroad; but must say the shocking conduct of one of the chiefs toward Mrs. Whitman greatly afflicted me; and that, with the destruction of the mill, and their abominable conduct toward Dr. Whitman, if not speedily settled, would lead to the worst of consequences to their tribe. I made an engagement, to meet them and all the tribe on the 10th of the ensuing April, to adjust differences and come to a better understanding, they earnestly wishing to adopt such laws as the Nez Percés had done. We should probably have accomplished a satisfactory settlement, had not several of the influential chiefs been too far away to get information of the meeting. We reached Wascopum on December 25, the Indians being in great excitement, having different views and impressions respecting the nature of the approaching visit. We spent four days with them, holding meetings daily, instructing them in the nature of government, civil relations, domestic duties, etc. Succeeded, in like happy manner, with them as with the Nez Percés, they unanimously adopting the same code of laws.