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MONTANA SUPERINTENDENCY.

No. 77.

EXECUTIVE OFFICE, TERRITORY OF MONTANA,
Virginia City, December 14, 1865.

SIR: I have the honor to inform you that I returned here the afternoon of the 9th instant from Fort Benton, whither I had gone to assist Major Upson in his negotiation of a treaty with the Indians of the Blackfeet nation, which treaty he had, as special commissioner for that purpose, been instructed and authorized to make.

The instructions given in this instance to Major Upson left him at liberty to associate the ex-officio superintendent of Indian affairs in this Territory in the negotiation of the tresty, as the convenience of that officer, in view of the distance he would have to travel to Fort Benton from the executive residence of the Territory, might dictate.

Governor Edgerton, in committing to me the charge of the Territory on his departure for the United States, having expressed a desire that I should attend the treaty council, it was with much pleasure I undertook the journey and took part in the negotiation.

Major Upson having already forwarded to the office of Indian Affairs a report of the proceedings at Fort Benton, together with a copy of the treaty concluded there with the Blackfeet nation, it appears to me I have in this communication little more to do than give a summary of those proceedings, and submit to your consideration the two or three sugges tions which have occurred to me in connection with them.

Indeed, the outline of these proceedings given in one of our local papers-which outline I have the honor to enclose-renders it almost superfluous on my part to do more than respect fully direct your attention to it; this outline being quite correct as far as it goes, and suf ficiently explicit for the proper understanding of the main features of the treaty, and the spirit in which it was accepted.

The Blackfeet nation was fully represented on the occasion, although the Black feet tribe appeared in the person of one chief only, and all the hostile Bloods were absent. These two tribes retired some time ago beyond our line into the British possessions, and have been living there ever since.

It strikes me forcibly that Indian tribes who voluntarily abandon their lands, seeking shelter and protection in a foreign country, cease to be essential parties to any treaty which the United States previous to their emigration might have held it necessary to conclude with them.

So far beyond our line have the Blackfeet thrown themselves, it was found impracticable to bring them in to the treaty council at Fort Benton, the messengers despatched to them for that purpose by Major Upson having been forcibly halted by the Kootenay Indians, within the British possessions, and compelled to return to the fort without having even seen the Blackfeet, who were reported by the Kootenays to be away back towards the Frazer river. The hostile Bloods having murdered eleven whites on the Marias river, last spring, where they were peacefully employed cutting hay for the fort, have not been seen nor heard of this side of the British line since that massacre took place.

The Piegans and Gros Ventres were on the ground in full force, and with the friendly Bloods, who camp and hunt with the Piegans, displayed an encampment on the Teton and Missouri of over a thousand lodges.

These Indians appeared to me the most peaceably disposed, and their chiefs, with an intelligent readiness, assented to the stipulations of the treaty and subscribed their names to the instrument.

Nevertheless, I am satisfied they will continue more or less vexatiously to annoy the whites by stealing horses belonging to the latter, &c. Horse-stealing is accounted rather an heroic exploit by the best of these Indians, and the habit has become so inveterate with them that until some of the thieves are severely punished I much fear it will not be relinquished.

Wisely anticipating the necessity that must, in the course of a few months, dictate a treaty with the Crows for the cession of their lands-extending as these lands do from the south bank of the Missouri to the eastern and southern boundaries of our Territory-Major Upson, with my full concurrence, despatched messengers to the Yellowstone to bring in these Indians, with the view of obtaining their consent to a treaty similar to that submitted to the Blackfeet nation.

Their horses giving out after six or seven days' hard riding, these messengers had to returu without the Crows, although the latter were encamped not much over half a day's ride from the point at which the former had to turn back to the fort. Of this fact, however, the mes sengers were not made aware until one of them reached Helena, three weeks after, when the captain of an expedition that had been exploring a wagon route to the mouth of the Musselshell informed him of it.

That it is more than expedient such a treaty with the Crows shall be made as speedily as possible, must be conceded, in view of the urgent fact that hundreds of miners and others desirous of locating farms and laying out towns, are, even now, passing down into the great

valley of the Yellowstone, and into the country beyond the junction of the Gallatin with the Missouri.

As for the Sioux and their allies and accomplices, it is my clear and positive conviction that they will never be reduced to friendly and reliable relations with the whites but by the strong and crushing hand of the military power of the nation.

I have, in my communication to the Secretary of State, taken the liberty of expressing this conviction, and on the strength of it have requested him to obtain from the War Department a competent cavalry force for this Territory. I trust that you will see fit to approve of this application, which I have urged in my two-fold capacity as acting governor and superintendent of Indian affairs, and that in the proper quarter you will give it your earnest support.

The communication from your office of the 26th of September last, notifying Governor Edgerton that Major Hutchins, agent for the Flatheads, had been relieved, and that Mr. Augustus H. Chapman had been appointed in his stead, was forwarded to Major Hutchins on the 4th of this month.

I had intended to visit the Flathead agency on my return from Fort Benton, but the same communication having informed me that this agency had been transferred to Idaho, I relinquished the intention of doing so. But as the agency is several miles nearer the capital of Montana than the capital of Idaho, and accessible from the former by an excellent road, involving an easy journey on horseback of six days at most, I respectfully suggest that the transfer referred to be revoked.

Following up this suggestion, I consider it my duty to the department to advise the appointment of a special superintendent for this Territory. Separated from one another as the Indian agencies are in Montana, by one, two, and three hundred miles and more, it is impossible for the governor or acting governor to acquit himself in an efficient and satisfactory manner of the duties pertaining to the superintendency as well as those pertaining to the governorship, at one and the same time.

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I have the honor to be, most faithfully, your obedient servant,

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THOMAS FRANCIS MEAGHER, Secretary and Acting Governor, Territory of Montana.

Hon. THE COMMISSIONER OF INDIAN AFFAIRS,

Department of the Interior, Washington.

No. 77.

WASHINGTON, April 6, 1866.

SIR: In reply to your communication of April 5, desiring such items of the correspondence of the late Gad E. Upson, in relation to Indian affairs at his agency, as will throw light upon those matters, and especially in regard to the Blackfeet treaty, I desire to say that I have received from him but one letter since the treaty referred to was made, and all the extracts of importance in regard to the said treaty, and the other matters of which you inquire, are herewith transmitted to you-said letter dated January 1, 1866. Extracts from two letters to him by his chief clerk at the agency, Hiram D. Upham, dated respectively January 9, 1866, and February 2, which I have received since, are also herewith transmitted. None of the papers or vouchers referred to by my brother in his letter since the treaty, with the papers signed by him, accompanying the same, have as yet been received by me.

I received the news of his death from my nephew, L. A. Upson, by telegram, dated Sacramento, California, March 29, 1866, saying that he died about five in the afternoon of the day previous. He had been lying there sick about one month previous to his death.

Very respectfully,

Hon. D. N COOLEY,

Commissioner of Indian Affairs, Washington, D. C.

CHARLES UPSON.

BENTON CITY, February 2, 1866.

DEAR SIR: As an express leaves here to-day for the mines, I take the opportunity of sending a few lines in regard to matters on the "bottom." Nothing of importance has transpired since my last letter was written. The Gros Ventres took two hundred and sixty head of horses from the Piegans a few nights since. The Piegans are making preparations to go to war with them on a big scale. Big Lake's camp is within ten or twelve miles of here on the Teton. The white men on the bottom have lately organized themselves into a kind of vigilance committee for self-protection against both Indians and whites. All war parties have heretofore made it a practice to stop here on their way to and from the enemy's camp. They have always been welcomed by their French and half-breed brothers-in-law,

who live here. One object of our organization is to prevent their coming here at all. Gongh Steel and Henry Kennedy are both officers in the company. About a week since, a party of fifteen Piegan warriors came in here from the Pend d'Orielle's camp, with horses. As soon as they arrived on the bottom, we informed them that they could pass on to camp and not stop here, as no more warriors could be allowed to sleep here. They complied with the request. Day before yesterday, I was honored with a call from three chiefs, who came in to see what was the matter with the whites. I told them that by their treaty they were to remain at peace with other tribes, &c.; if, however, they were bound to keep at war, or if they could not keep their young men from going, they must keep their warriors away from here. Trading parties were expected to come here whenever they pleased; warriors were not. They then said that you made some chiefs at the late treaty who had no influence, &c. I told them that all their chiefs were picked out by them, and if any bad choices were made, it was their own fault.

I will give you an instance of the impudence of these warriors: George Steel had a fine horse, which he was very careful of, and kept up in his stable. Yesterday afternoon, in broad daylight, the stable door was left open by Joe Kipp for a few minutes; and while Joe was out for something, an Indian went in and took the horse out, and jumping on, was soon in camp, horse and all. George bought the horse of the same Indian about a month ago, and paid him a big price. He was a son of the Heavy Runner.

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DEAR SIR: As Mr. Berkins and Edward Beedle leave here in the morning for Helena, I take the opportunity of writing you. I will commence on the Indian question. The Gros Ventres are camped on Milk river, and are, I think, inclined to keep their treaty stipulations with the whites. I have this day returned from their camp, where I went in search of two white men, under the following circumstances.

About the first of December last Hunicke and Legree, in company with two Gros Ventres Indian boys, went to the Gros Ventres camp after horses. After getting the horse, they started back, coming through the Bear's Paw mountain. Two squaws and two Indians (Gros Ventres coming to the fort) were added to the party on their return trip.

After one day's travel it began to snow, and Hunicke told one of the Indians to go back to camp and get some sugar, while he (Hunicke) and party would go on a little further and build a cabin, where they would remain until the storm was over. The Indian, (who was Hunicke's brother-in-law, Walannee,) accordingly returned to the Gros Ventres camp, where, on account of the severity of the storm, he was compelled to remain eight days. He then started on the trip back, and supposing that Hunicke and Legree and party had come on to the fort, he came by way of the wagon road. On his arrival here without the balance of the party, he was sent back in search of them. He went as far as he dared, and then turned back on account of the Piegans, who are fairly swarming in that section in search of Gros Ventres' horses and scalps.

It had now got to be New Years, and no tidings from Hunicke and party. An attempt was made to raise a party of whites to go in search, which resulted in nine men coming forward, two of whom afterwards " weakened," leaving seven. The party consisted of Bill Hamilton, Henry Kennedy, Joe Kipp, Mose Solomon, John the Tailor, another white man and myself. Not a Frenchman would go or lend us a horse. After much difficulty we succeeded in obtaining some horses, or rather scarecrows, and on the 3d of this month, with the above-mentioned Indian as a guide, we started directly for the Gros Ventres camp, where we expected to find some tidings. We arrived on the 3d day in Furnasse's camp of thirty lodges, but learned that nothing had been heard from the missing party. But we here ascertained that while Hunicke and party were in the Gros Ventres camp, a party of Piegaus were down the river stealing Crow and Gros Ventres' horses. That the party was headed by one called the Eagle Rib, who was made a chief at the late treaty. That the Crows and Gros Ventres killed nine of them, and that the balance started for home, and took the same route that Hunicke and Legree did the day after they left the camp. Also that a couple of young Gros Ventres warriors, who had followed the Piegans, had just returned to camp and reported that over near the Sweet Grass hills they had found a horse shot that belonged to Legree.

We desired to go through the Bear's Paw on our return, but our horses were entirely given out, and the Indians did not care to go for us, although they promised to. We came back, and when we arrived at the Marias we learned from some trappers that the Piegans and party had passed there with the same number of horses that Hunicke and Legree had with them. There is no doubt but what Hunicke, Legree and party, were killed by the Piegans. About a month since a war party of Bloods came across the river here, with some horses from the Yellow Stone country. One of them had a purse of gold which he traded to a

halt-breed here for a blanket. From here they went to the Piegan camp and sent word back from there that they had killed three white men on the Yellowstone.

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They had another large purse of gold in camp, also a white man's revolver, &c. These things were seen by the half-breed Gandapee, who has been in the Piegan camp. The Piegans are getting so that they pay no respect to their treaty stipulations, either as regards the whites or other Indians. For two weeks after you left, there was not a day but that war parties of Piegans were passing here on their way to and from the Pend d Oreille camp. While we were in the Gros Ventres camp, the other day, a party of fifty-two Piegans, headed by Little Dog's son, were in the vicinity waiting for a chance to 'raise some horses. We whites were called to a council of chiefs in the Gros Ventres camp, when the Many Bear and other chiefs, after smoking in silence for an hour or two, said: "Why do the whites sit still and let the Piegans and Bloods steal their horses and kill them like dogs." "They" (the whites) "keep telling us to keep still, keep still, keep still, and we have kept still until the Piegans have stolen all our horses and killed many of our warriors, and now that they have killed the best two friends we had among the whites, Hunicke and Legree, we have stopped keeping still, and now it shall be war to the death." Such was their speech. They feel very bad about Legree and Hunicke, who you know both had Gros Ventres women. The Gros Ventres and Crows are camped near together.

You are probably aware that the Piegans killed Michelle Ogden's herder, a half-breed, and took all his horses. The party who did it were not young warriors, but old men and heads of families. Things have got so here that even the travellers at this point are taking measures to protect themselves and property.

We are now organizing a vigilance committee here among the whites. Nearly all the horses on the bottom are in the Piegan camp, which is about fifty miles from here on the Marias. The North Bloods are moving this way. I have written the governor a statement of the facts as above narrated. I am afraid but little freighting will be done here next spring, without these gentlemen are whipped during the winter.

Bill Berkins has an order for the howitzer from the governor, and will take it with him to-day. John Healy goes from here to-day to Sun river, with United States Marshal Edward Beedle, for the purpose of obtaining possession of the farm. Please let me know what boat the goods are shipped on in the spring.

Yours, truly,

Major GAD E. UPSON.

H. D. UPHAM.

No. 78.

EXECUTIVE OFFICE, TERRITORY OF MONTANA,

Virginia City, April 20, 1866.

SIR: You are no doubt apprised before this of the death of Major Gad E. Upson, late Indian agent for the Blackfeet nation at Fort Benton.

He died at San Francisco, about six weeks ago, on his way to Washington with the treaty he had so intelligently and zealously concluded with those Indians last November.

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In this connection, I consider it my duty to call your attention to the fact that there are scattered along our southern line two tribes of Indians-the Shoshones (or Snakes) and Bannacks-who have never, as I have been told and believe, been recognized by the government, and who are, poor creatures, in a truly wretched and desolate condition."

At the moment I write, there are eleven lodges belonging to them standing close to the town, and they contain as much misery and filth and dire want as might be exceeded only by the huts of the Terra del Fuegans.

The most earnest representations have been made to me in their behalf by some of the old mountaineers and settlers of the neighborhood. Among these Mr. Nathaniel T. Hall, the writer of the communication I enclose, has been the most intelligent, best informed, and persistent.

I respectfully refer you to his communication, and recommend him to be appointed agent of the Shoshones (or Snakes) and Bannacks, should it appear expedient to the department to have such an agency created; and, furthermore, I respectfully beg that the views set forth in paragraph four of his communication may be acted upon, should this agency be established, and instructions and powers accordingly be given to the agent.

Unrecognized, unprotected, and outlawed, as it were, as they now are, they are indeed a revolting reproach to our civilization.

In a former communication I informed you I had notified Mr. Chapman, agent for the Flatheads, that his agency had been retransferred from the Idaho to the Montana superintendency. Up to this date, however, I have not heard from him; but this no doubt is owing to the depth of snow upon the mountains and the almost insurmountable obstructions on the roads between here and Jocko, the residence of the agent.

The Piegans, to whom Major Upson distributed pistols and ammunition last November, among other annuities, and who on the Indian side were the principal parties to the treaty

negotiated with the Blackfeet nation at that time, continue to behave in a very unruly and outrageous manner. No later than the 5th of this month a band of these Indians attacked a small party of our people, who were inoffensively engaged in opening and constructing a new road from this place and Helena to the Missouri, four hundred miles below Fort Benton, and, having driven off the latter, killed their oxen, burned their wagon, and captured their mules.

There is, however, no hope whatever to be entertained that such outrages will cease until the presence of a military force in the Territory, judiciously distributed and posted, shall, by intimidation, coerce these intractable savages to do what no treaty, however liberal, and no amount of annuities will, in my opinion, induce them to do.

I am glad indeed to find that General Pope is taking such excellent steps to facilitate and protect our miners, farmers, and others, as they spread themselves out from the more settled portions of the Territory, and advance to the peaceful conquest of the wilder regions. The military posts he contemplates (as I learn from the newspapers) establishing between Fort Reno and Virginia City will go far to throw into our hands the magnificent valley of the Yellowstone, which the Sioux, Mountain Crows, and Arapahoes now hold defiantly.

But I respectfully suggest and advise that the superintendent of Indian affairs in this Territory, or some other party, be instructed at the earliest day to invite the Crows (to whom the valley of the Yellowstone properly belongs) to a council, for the purpose of having a treaty instituted with them, which shall cede their lands (a third of our Territory) to the United States, and give them all the usual guarantees and liberality of our government.

I have the honor to be, very truly yours,

The COMMISSIONER of Indian Affairs.

THOMAS FRANCIS MEAGHER,
Acting Governor Territory of Montana.

VIRGINIA CITY, April 6, 1866.

SIR: According to your request, I herewith transmit to you what information I have in regard to the numbers, condition, wants, &c., of the Shoshone and Bannack Indians. First. From what I can learn, the Shoshones number about eleven hundred, the Bannacks four or five hundred. As a general thing, they run together, swap squaws, &c., separating occasionally into small parties for hunting purposes. The language principally used is Shoshone.

Second. As regards their condition, they are poor, subject at all times to be cheated and robbed by the whites without any redress. The neighboring Indians make frequent raids, take all the ponies they can get, killing what Indians they can that are guarding the stock. Third. They range about the headwaters of the Yellowstone, Gallatin, Madison, Snake, and Green rivers, and around Bannack and Boise, frequently in the Territory of Utah.

Fourth, their wants, as I understand them, are, first, an agent to look after their interests; a reservation set off for them exclusively; some agricultural implements, seeds, &c.; a treaty made with neighboring Indians, by which all stock stolen by either party, if not returned after being proven and demanded, the value of the said stock to be kept out of the annuities of the tribe or band taking the said stock and given to the tribe or band losing the same. Recognition and annuities, same as other tribes receive, under similar circumstances.

Fifth. The most influential of them feel that the Great Spirit has so ordered that they must give way to the pale faces, and that their only safety is in throwing themselves into the hands of the Great Chief at Washington, asking that he will throw his big robe of protection over them until they fulfil the destiny for which they were created. All of which is most respectfully submitted to your excellency.

I have the honor to be your most obedient servant,

His Excellency THOMAS FRANCIS MEAGHER,

Acting Governor of the Territory of Montana.

NATHANIEL T. HALL.

No. 79.

FLATHEAD INDIAN AGENCY,

Montana Territory, April 26, 1866.

SIR: I have the honor to state that yesterday Geary, head chief of the Spokane tribe of Indians, called at this agency to see me. Himself and part of his people had been on their annual buffalo hunt and were on their way to their homes. During our conversation, he (Geary) informed me that his tribe had not yet made a treaty with the United States govern ment, but were anxious to do so; that the whites were encroaching on their lands; and that the Spokanes wished to treat with the government, cede all their rights to the country now occupied and claimed by them, and be placed on a reservation.

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