Page:The Early Indian Wars of Oregon.djvu/229

 thrie.

caused him to hasten his return to the main command, with such of Tiloukaikt s stock as could be gathered up without loss of time, and much to the dissatisfaction of his men, who were out of all patience with Indians who professed friendship, yet who constantly shielded the mur derers, as even the Nez Percés were doing by allowing them to escape through their country. "I would have given more general satisfaction to the men by ordering them to wipe from the face of existence those professed friendly Indians, without distinction or mercy," he said in his report, and hinted that only obedience to orders re strained him as well as them.

The dispatch from Lee stated that he had been met at Red \yolfs crossing with the assurance that the guilty Cayuses had fled, leaving behind all their property, some of which was about Lapwai; that he had gone there to collect it on the twenty-first, and had remained several days, during which he had talked with the Nez Percés, ex plaining that the invasion of their country by armed men was solely with the object of arresting the Cayuses : but that since they were not to be found he should take possession of their property. If the Nez Percés were true friends they would aid, instead of concealing anything from him which would forward the ends of justice. To this they assented, and agreed to assist in driving to Waiilatpu 18 the Cayuse stock, which amounted to one hundred and eighteen horses and forty head of neat cattle. Lee desired further orders, and was directed to return at once to the

18 There seems to have been a treaty with the Xez Percés drawn up at the time of Palmer s visit to Waiilatpu in March, which promised peace and friendship towards the Americans ; to refrain from aiding the Cayuses, or from giving them refuge in their territory ; to aid the Americans, as far as they could without bloodshed, in punishing the guilty ; and to respect the persons and property of such white men as the superintendent should send to reside among them.

On the part of the commissioners, it was agreed to permit no white men to settle upon the Nez Perc6 lands, except such as just named, but the superintendent was to hear their complaints, and protect them. The right to pass through each other s country was to be maintained, and finally, the Americans and Nez Percés were to be friends and brothers.

This treaty is not mentioned in the report of the proceedings at Waiilatpu, though the unsigned draft of it is among the papers of the provisional government.