The Indian Bureau recommended a revocation of the executive order giving the Wallowa Valley to Joseph and his band. In June of this year President Grant revoked the order, and in the autumn a commission was sent out "to visit these Indians, with a view to secure their permanent settlement on the reservation, their early entrance on a civilized life, and to adjust the difficulties then existing between them and the settlers."
It is worth while to study with some care the reasons which this commission gave to Chief Joseph why the Wallowa Valley, which had been given to him by Executive order in 1873, must be taken away from him by Executive order in 1875:
"Owing to the coldness of the climate, it is not a suitable location for an Indian reservation. *** It is now in part settled by white squatters for grazing purposes. *** The President claimed that he extinguished the Indian title to it by the treaty of 1863. *** It is embraced within the limits of the State of Oregon. *** The State of Oregon could not probably be induced to cede the jurisdiction of the valley to the United States for an Indian reservation. *** In the conflicts which might arise in the future, as in the past, between him and the whites, the President might not be able to justify or defend him. *** A part of the valley had already been surveyed and opened to settlement: *** if, by some arrangement, the white settlers in the valley could be induced to leave it, others would come."
To all these statements Joseph replied that he "asked nothing of the President. He was able to take care of himself. He did not desire Wallowa Valley as a reservation, for that would subject him and his band to the will of, and dependence on, another, and to laws not of their own making. He was disposed to live peaceably. He and his band had suffered wrong rather than do wrong. One of their number was wickedly slain by a white man during the last summer, but he would not avenge his death."
"The serious and feeling manner in which he uttered these sentiments was impressive," the commissioners say, and they proceeded to reply to him "that the President was not disposed to deprive him of any just right, or govern him by his individual will, but merely subject him to the same just and equal laws by which he himself as well as all his people were ruled."
What does it mean when commissioners sent by the President to induce a band of Indians to go on a reservation to live, tell them that they shall be subjected on that reservation "merely to the same just and equal laws" by which the President and "all his people are ruled?" And still more, what is the explanation of their being so apparently unaware of the enormity of the lie that they leave it on official record, signed by their names in full? It is only explained, as thousands of other things in the history of our dealings with the Indians are only to be explained, by the habitual indifference, carelessness, and inattention with which questions relative to Indian affairs and legislation thereon are handled and disposed of, in whatever way seems easiest and shortest for the time being. The members of this commission knew perfectly well that the instant Joseph and his band moved on to the reservation they became subject to laws totally different from those by which the President and "all his people were ruled," and neither "just" nor "equal:" laws forbidding them to go beyond certain bounds without a pass from the agent; laws making them really just as much prisoners as convicts in a prison—the only difference being that the reservation is an unwalled out-of-door prison; laws giving that agent power to summon military power at any moment, to enforce any command he might choose to lay on them, and to shoot them if they refused to obey.[[15]] "The same just and equal laws by which the President himself and all his people are ruled!" Truly it is a psychological phenomenon that four men should be found willing to leave it on record under their own signatures that they said this thing.
Farther on in the same report there is an enumeration of some of the experiences which the Nez Percés who are on the Idaho Reservation have had of the advantages of living there, and of the manner in which the Government has fulfilled its promises by which it induced them to go there; undoubtedly these were all as well known to Chief Joseph as to the commissioners. For twenty-two years he had had an opportunity to study the workings of the reservation policy. They say:
"During an interview held with the agent and the treaty Indians, for the purpose of ascertaining whether there were sufficient unoccupied tillable lands for Joseph's band on the reservation, and for the further purpose of securing their co-operation to aid us in inducing Joseph to come upon the reservation, facts were brought to our attention of a failure on the part of the Government to fulfil its treaty stipulations with these Indians. The commission therefore deem it their duty to call the attention of the Government to this subject.
"1st. Article second of the treaty of June 9th, 1863, provides that no white man—excepting such as may be employed by the Indian Department—shall be permitted to reside upon the reservation without permission of the tribe, and the superintendent and the agent. Nevertheless, four white men are occupying or claiming large tracts on the reservation.
"It is clearly the duty of the Government to adjust and quiet these claims, and remove the parties from the reservation. Each day's delay to fulfil this treaty stipulation adds to the distrust of the Indians in the good faith of the Government.