“Now thus far there had not been the slightest allusion to the land of the Nez Perces in council, and this rapid change of front was most extraordinary. The case of the Nez Perce who was hanged was simply a device by means of which they hoped to get the desired concession from me by way of propitiation. When they were obliged to abandon the case, they had no alternative but to show their hand, which they did very promptly. I called upon Lawyer, the head chief, to speak. He produced his commission and a copy of the Nez Perce treaty, remarking that he knew that, if he cast away the laws, he should be brought to justice. He pointed out to them the boundaries of the country sold, and of the reservation, and spoke of other provisions of the treaty, and concluded by saying that fifty-eight great chiefs of the Nez Perces had signed the treaty made at the council of last year, when all fully understood it, and it was his determination to abide by it, and he trusted his people would do the same.”
Timothy and James expressed a similar determination, but Joseph, Speaking Owl, Eagle-from-the-Light, and Red Wolf denied that they understood the treaty, or ever intended to give their land away, and declared that Lawyer had sold it unfairly. It appeared almost certain that no satisfactory peace could be made with the hostiles, and that one half of the Nez Perces, through the intrigues of Kam-i-ah-kan and the Cuyuses, had become disaffected and desirous of annulling their treaty.
In the afternoon a company of dragoons came with Steptoe’s answer to the governor’s dispatch of the morning:—
“If the Indians,” he wrote, “are really meditating an outbreak, it will be difficult for me to provide for the safety of my own camp, impossible to defend both camps. Under these circumstances, if you are resolved to go on with your council, does it not seem more reasonable that you shall move your camp to the vicinity of mine? I send down the company of dragoons to bring you up to this place, if you desire to come. My force is so small that to be efficient against the large number of savages in the neighborhood it must be concentrated; nor can I detach any portion of it, in execution of certain instructions received from General Wool, while the Indian host remains so near to me.”
In view of the threatening attitude of the hostiles, and the approach of Kam-i-ah-kan, who was reported as encamped that day on the Touchet, only a few miles distant, as well as for the protection of the large quantity of Indian goods brought up for the friendly Nez Perces, and such of the hostiles as might surrender, the governor the next day moved his whole party and train to Steptoe’s camp, and established a new camp and council ground within a quarter of a mile of his encampment. They were met on the march by Kam-i-ah-kan and Ow-hi, with a party of one hundred warriors under the lead of Ow-hi’s son, Qualchen, who clearly meant mischief; but the coolness with which they were received, and the manifest readiness of the volunteers and dragoons for battle, checked them, and they made no disturbance save attempting to provoke a quarrel with the friendly Nez Perces in rear of the train. The Indians, having been notified in the morning of the change of council grounds, moved up to the new location the same day and the following. Kam-i-ah-kan and his followers encamped a quarter of a mile from the council ground, separated therefrom only by Mill Creek and its wooded bottom.
The council continued the next two days, the 16th and 17th. The Lawyer and half the Nez Perces were determined in their adherence to their treaty and ancient friendship to the whites, and approved of all the governor said. The other half of the tribe wished the treaty done away with. The hostiles all said, “Do away with all treaties, give us back our lands, let no white man come into our country, and there will be peace; if not, then we will fight.”
The governor advised the Nez Perces to stand by their treaty. It was now in the hands of the President, and could only be set aside by him. To the hostiles he repeated the terms of peace alone possible: they must throw aside their guns and submit to the justice and mercy of the government; but as they were invited under safe conduct, they were safe in coming, safe in council, and safe in going. The council was then declared at an end. Many of the friendly Nez Perces departed at once to their camp, but a large number of hostiles, most of whom it was observed had arms concealed beneath their blankets, remained loitering around the council ground. Noting the vigilance and readiness of the volunteers, they made no disturbance, and by nightfall all retired to their camps. On every day except the first, known braves of the hostiles came to the council armed to the teeth, and took positions evincing designs upon the life of the governor; but picked men watched them closely, ready to strike down any assailant at the first overt act, so no attempt was made.
During the night of the 16th there was great excitement among the Indians. The friendly Nez Perces were much alarmed, and brought frequent reports that the hostiles were bent upon attacking the camp, and wiping out the governor and his party. These faithful allies beat the drum all night, and kept guard around his camp.
The governor called attention especially to the speech of Spotted Eagle on the last day,—
“which for feeling, courage, and truth, I have never seen surpassed in an Indian council. The Spotted Eagle is the great war chief of the Nez Perces, and the right arm of Lawyer. Both the words and manner of the Spotted Eagle showed that his object in speaking was to set himself and the friendly Indians right, and that he had no expectation of changing the hearts of those who were bent on war. His words, however, ‘I will not follow you into the war,’ were significant.”