Chief Joseph says: "General Howard lost his temper, and said 'Shut up! I don't want to hear any more of such talk.'
"Too-hool-hool-suit answered, 'Who are you, that you ask us to talk, and then tell me I sha'n't talk? Are you the Great Spirit? Did you make the world?'"
General Howard, quoting from his record at the time, says: "The rough old fellow, in his most provoking tone, says something in a short sentence, looking fiercely at me. The interpreter quickly says: 'He demands what person pretends to divide this land, and put me on it?' In the most decided voice I said, 'I am the man. I stand here for the President, and there is no spirit, bad or good, that will hinder me. My orders are plain, and will be executed.'"
Chief Joseph says: "General Howard replied, 'You are an impudent fellow, and I will put you in the guard-house,' and then ordered a soldier to arrest him."
General Howard says: "After telling the Indians that this bad advice would be their ruin, I asked the chiefs to go with me to look at their land. 'The old man (Too-hool-hool-suit) shall not go. I will leave him with Colonel Perry.' He says, 'Do you want to scare me with reference to my body?' I said, 'I will leave your body with Colonel Perry.' I then arose and led him out of the council, and gave him into the charge of Colonel Perry."
Chief Joseph says: "Too-hool-hool-suit made no resistance. He asked General Howard, 'Is that your order? I don't care. I have expressed my heart to you. I have nothing to take back. I have spoken for my country. You can arrest me, but you cannot change me, or make me take back what I have said.' The soldiers came forward and seized my friend, and took him to the guard—house. My men whispered among themselves whether they should let this thing be done. I counselled them to submit. *** Too-hool-hool-suit was prisoner for five days before he was released."
General Howard, it will be observed, does not use the word "arrested," but as he says, later, "Too-hool-hool-suit was released on the pledge of Looking-glass and White Bird, and on his own earnest promise to behave better," it is plain that Chief Joseph did not misstate the facts. This Indian chief, therefore, was put under military arrest, and confined for five days, for uttering what General Howard calls a "tirade" in a council to which the Indians had been asked to come for the purpose of consultation and expression of sentiment.
Does not Chief Joseph speak common-sense, as well as natural feeling, in saying, "I turned to my people and said, 'The arrest of Too-hool-hool-suit was wrong, but we will not resent the insult. We were invited to this council to express our hearts, and we have done so.'"
If such and so swift penalty as this, for "tirades" in council, were the law of our land, especially in the District of Columbia, it would be "no just cause of complaint" when Indians suffer it. But considering the frequency, length, and safety of "tirades" in all parts of America, it seems unjust not to permit Indians to deliver them. However, they do come under the head of "spontaneous productions of the soil;" and an Indian on a reservation is "invested with no such proprietorship" in anything which comes under that head.[[16]]
Chief Joseph and his band consented to move. Chief Joseph says: "I said in my heart that, rather than have war, I would give up my country. I would give up my father's grave. I would give up everything rather than have the blood of white men upon the hands of my people."