In 1867 the patience of the Nez Percés is beginning to show signs of wearing out. The Governor of Idaho writes: "This disaffection is great, and serious trouble is imminent. It could all be settled by prompt payment by the Government of their just dues; but if delayed too long I greatly fear open hostilities. They have been patient, but promises and explanations are losing force with them now. *** Their grievances are urged with such earnestness that even Sawyer, who has always been our apologist, has in a measure abandoned his pacific policy, and asks boldly that we do them justice. *** Even now it may not be too late; but, if neglected, war may be reasonably expected. Should the Nez Percés strike a blow, all over our Territory and around our boundaries will blaze the signal-fires and gleam the tomahawks of the savages—Kootenays, Pen d'Oreilles, Cœur d'Alenes, Blackfeet, Flat-heads, Spokanes, Pelouses, Bannocks, and Shoshones will be involved."
This disaffection, says the agent, "began to show itself soon after the visit of George C. Haigh, Esq., special agent, last December, to obtain their assent to the amendments to the treaty of June 9th, 1863—the non-ratification of that treaty had gone on so long, and promises made them by Governor Lyon that it would not be ratified, and that he was authorized to make a new treaty with them by which they would retain all of their country, as given them under the treaty of 1851, except the site of the town of Lewiston. They had also been informed in March, 1866, that Governor Lyon would be here in the June following, to pay them back-annuities due under the treaty of 1855. The failure to carry out these promises, and the idea they have that the stipulations of the treaty of 1863 will be carried out in the same manner, is one of the causes of their bad feeling. It showed itself plainly at the council lately held, and is on the increase. If there is the same delay in carrying out the stipulations of the treaty of 1863 that there has been in that of 1855, some of the chiefs with their bands will join the hostile Indians. There are many things it is impossible to explain to them. They cannot understand why the $1185 that was promised by Governor Lyon to the Indian laborers on the church is not paid. He told them when the walls were up they should receive their pay. These laborers were poor men, and such inducements were held out to them that they commenced the work in good faith, with the full expectation of receiving their pay when their labors ceased."
The head chief Sawyer's pay is still in arrears. For the last quarter of 1863, and the first and second of 1864, he has received no pay. No wonder he has ceased to be the "apologist" of the Government, which four years ago promised him an annuity of $500 a year.
Spite of this increasing disaffection the Nez Percés are industrious and prosperous. They raised in this year 15,000 bushels of wheat. "Many of them carried their wheat to be ground to the mills, while many sold the grain to packers for feed, while much of it is boiled whole for food. Some few of the better class have had their wheat ground, and sold the flour in the mining-camps at lower prices than packers could lay it down in the camps. Some have small pack-trains running through the summer; one in particular, Cru-cru-lu-ye, runs some fifteen animals; he sometimes packs for whites, and again runs on his own account. A Clearwater Station merchant a short time ago informed me of his buying some oats of Cru-cru-lu-ye last fall. After the grain had been weighed, and emptied out of the sacks, the Indian brought the empty sacks to the scales to have them weighed, and the tare deducted, saying he only wanted pay for the oats. Their sales of melons, tomatoes, corn, potatoes, squashes, green pease, etc., during the summer, in the different towns and mining-camps, bring in some $2000 to $3000. Their stock of horses and cattle is increasing fast, and with the benefits to be derived from good American stallions, and good bulls and cows, to be distributed to them under the stipulations of the treaty of 1863, they will rapidly increase in wealth."
In 1869 their reservation is still unsurveyed, and when the Indians claim that white settlers are establishing themselves inside the lines there is no way of proving it, and the agent says all he can do is to promise that "the white man's heart shall be better;" and thus the matter will rest until another disturbance arises, when the same complaints are made, and the same answers given as before—that "the white man's heart shall be better, and the boundary-line shall be surveyed."
Other treaty stipulations are still unfulfilled; and the non-treaty party, while entirely peaceable, is very strong, and immovably opposed to treaties.
In 1870, seven years after it was promised, the long deferred survey of the reservation was made. The superintendent and the agent both remonstrated, but in vain, against the manner in which it was done; and three years later a Board of Special Commissioners, appointed to inquire into the condition of the Indians in Idaho, examined the fence put up at that time, and reported that it was "a most scandalous fraud. It is a post-and-board fence. The posts are not well set. Much of the lumber is deficient in width and length. The posts are not dressed. The lumber laps at any joint where it may chance to meet, whether on the posts or between them, and the boards are not jointed on the posts where they meet; they are lapped and fastened generally with one nail, so that they are falling down rapidly. The lumber was cut on the reservation. The contract price of the fence was very high; the fencing done in places of no value to any one, for the reason that water cannot be had for irrigation. The Government cannot be a party to such frauds on the people who intrust it with their property."
In this year a commission was sent to Oregon to hold council with the band of Nez Percés occupying Wallowa Valley, in Oregon, "with a view to their removal, if practicable, to the Nez Percé Reservation in Idaho. They reported this removal to be impracticable, and the Wallowa Valley has been withdrawn from sale, and set apart for their use and occupation by Executive order."[[14]]
This commission report that one of the most troublesome questions in the way of the Government's control of Indian affairs in Idaho is the contest between the Catholic and Protestant churches. This strife is a great detriment to the Indians. To illustrate this, they quote Chief Joseph's reason for not wishing schools on his reservation. He was the chief of the non-treaty band of Nez Percés occupying the Wallowa Valley, in Oregon:
"Do you want schools and school-houses on the Wallowa Reservation?" asked the commissioners.