[T]he army is without doubt, the Indian's
best friend.
-Duncan McDonald, Deer Lodge New North-West, 1878
Long before Lewis and Clark, buffalo hunters from west of the Rocky Mountains
arduously made their way over the Continental Divide to the northern Great
Plains to secure meat and robes. First, they came on foot with dogs. Then,
with the advent and ease of horses, they came from even the most distant
reaches of the Columbia Plateau. Distance, hardship, and even war and
its losses did not slake their passion for this adventure. These hunting
and fighting pilgrimages were called, in the parlance of the nineteenth
century, "going to buffalo."
As the U.S. government expanded into the American West in the 1850s, it
encountered these migrations while attempting to create a new political
and legal order. In 1855, for example, the governor of Washington Territory,
Isaac I. Stevens, on behalf of federal authorities entered into a series
of treaties with Indian tribes from both sides of the Rockies. Three of
these treaties formally recognized the right of the tribes of the Columbia
River drainage to go to buffalo and, unconventionally, to do so in peace.
These treaties even designated a "common hunting ground" on
the headwaters of the Missouri River that would be shared by all signatories
for ninety-nine years. Thus, there emerged a new dispensation on the northern
buffalo plains-one in which the federal government was both a participant
and a custodian.
Suddenly in the 1860s the dynamic of going to buffalo that had evolved
so slowly-and the new political order the treaties were created to ensure-experienced
dramatic and disrupting changes. Gold had been discovered in Idaho and
Montana. Gold seekers, speculators, freighters, merchants, and stockmen
flooded the valleys, gulches, and creeks near the Continental Divide.
And while Montana's gold rushes and spotty settlement did not lead directly
to organized war with Indian inhabitants as elsewhere, confrontations,
small-scale hostilities, and stock theft became common. Organizing rapidly,
the scattered but vocal white settlers acquired territorial status for
Montana in 1864. Fearful of Blackfeet, Lakota, and even Arapaho attacks
east of the Rocky Mountains and along the Bozeman Trail-the celebrated
Oregon Trail cutoff that ran through prime buffalo country-white Montanans
clamored loudly for federal help and, above all, military protection from
marauding Indians.
For their part, the tribes complained bitterly about the increasing tide
of encroachments, dwindling game populations, and ever-recurring epidemics,
to say nothing of the illegal whiskey trade and undelivered treaty annuities.
The common hunting ground south of the Missouri River, established by
the 1855 Stevens treaties, witnessed frenzied boomtowns and floating populations
looking for the next strike. The provisions of the Stevens treaties that
promised the Indians on both sides of the Continental Divide peaceful
buffalo hunting for ninety-nine years, less than a decade later appeared
hopelessly out of date and, above all, inconvenient.
While warfare simmered and occasionally boiled over on the upper reaches
of the Missouri and Yellowstone Rivers, national attention focused on
the southern and central plains where Indian violence was particularly
threatening by the mid-1860s. These conflicts arose from the same old
causes: gold and silver discoveries, aggressive settlement, and the continued
destruction of buffalo and other game. Indian efforts to defend or revenge
themselves further exacerbated this dangerous situation and led settlers
to demand military action and Indian confinement. The result was a determination
on the part of the U.S. government to thoroughly overhaul and reform federal
Indian policy, including treaty making and the problems associated with
an improvised and incomplete reservation system.1
This resolution to change Indian policy found expression in a number of
areas. In 1865 Secretary of the Interior James Harlan instructed a special
treaty commission that for their own good Indians must give up their "wandering
life" and settle on reservations as remote as possible from whites.
Amid cries for reform, Congress in June 1867 created the United States
Indian Peace Commission, composed of both military and civilian authorities.
The new body was charged with settling Indian hostilities on the central
plains and negotiating new treaties that would emphasize Indian concentration
on reservations. Above all, Indian tribes that had not secured reservations
previously would now either enter new treaty negations or be assigned
a reservation by the commission. Once separated and confined to a fixed
location, generally isolated, Indian peoples could then be peacefully
converted to agriculture, education, private property, and the rule of
law-as well as that other harbinger of progress-Protestant Christianity.2
The Indian Peace Commission first at Medicine Lodge Creek with the Kiowas,
Comanches, Apaches, Southern Cheyennes, and Arapahos in Kansas and then
with the northern tribes, including the Sioux peoples and the Northern
Cheyennes at Fort Laramie, continued to use the mechanism of treaties
to establish an ambitious program of peace, the extinguishment of Indian
land title, and reservations for Indian assimilation. That was not new.
Nor were the provisions limiting buffalo hunting to defined areas and
even then for only so long as the buffalo were there "in such numbers
as to justify the chase."3 What was new was the principle that all
Indians, including buffalo-hunting nomads, were to have reservations and
were, with limited exceptions, expected to stay there.

There were, of course, breaches, often accompanied by violence. The
buffalo hunters did what they wanted, what they had always done, or what
they had to do. Reacting to these provocations, the Indian Peace Commission
quickly declared such incidents to be depredations that, as such, justified
government cancellation of treaty provisions for buffalo hunting beyond
reservation boundaries. Such action further bolstered whites' demands
for a compulsory reservation and confinement policy.
Keeping nomadic hunters, even friendly ones with treaties, confined to
reservations challenged the federal government after 1868. Part of the
problem was internal, having to do with institutional responsibilities
and jurisdictions. Indian hostilities in the West during and after the
Civil War had reinvigorated an old debate about which branch of government
should be responsible for Indians. Would it be the civilian Office of
Indian Affairs in the Department of the Interior, with its extended network
of Indian agents and agency employees, or would the responsibility devolve
to the War Department and the U.S. Army, where it had resided prior to
1849? Army generals were especially critical of civilian management. Civilian
authorities, they argued, were too often swayed by political expediency,
vested interests, or, worse, the patronage of the inept.
As early as 1866 the commander of the army in the West, Lieutenant General
William T. Sherman, had attempted to address the problem of "roving"
Indians by proposing to concentrate all Plains Indians without reservations
into two large districts. These consolidations were to be out of the way
of the major east-west travel
corridors that cut across the central plains. In Sherman's plan any Indian
found outside the limits of these districts "without a written pass
from some military commander, defining their object, should be dealt with
summarily."4
In late summer 1868, responding to Cheyenne and Arapaho acts of what he
termed "a desolating war, without one particle of provocation,"
Sherman announced: "I will solicit an order from the President declaring
all Indians who remain outside of their lawful reservations to be declared
'outlaws,' and commanding all people-soldiers and citizens-to proceed
against them as such." The situation was a new one, according to
Sherman, because up until that time "we could not clearly point out
to these Indians where they might rightfully go," namely reservations.
Significantly, Sherman again struggled with the problem presented by peaceful
buffalo hunters who had a treaty right to hunt off the reservations. As
in 1866, Sherman proposed a permit for those desiring to hunt beyond their
reservations. This permit differed, however, in that it would be first
procured from the agent and then endorsed by "the commanding officer"
of the nearest post.5
When the Indian Peace Commission met in Chicago in October 1868, it closely
followed General Sherman's earlier suggestions and counseled the president
that the federal government was indeed justified in "abrogating those
clauses of the treaties made . . . at Medicine Lodge Creek," including
the right "to roam and hunt outside their reservations." The
commission further resolved that "Indians of the Plains should be
requested to remove at once to said reservations" and remain there.
However, a proviso added "that after peace shall have been restored,
hunting parties may be permitted to cross their boundaries with written
authority from their agent or superintendent." In a final resolution,
the commission voted that those Indians who refused to go to their reservations
should be compelled to do so by military force. As historian Robert Utley
has pointed out, the commission's resolutions came to form the bedrock
of President Ulysses Grant's celebrated Peace Policy for Indians. Sherman
expressed the gist of this program when in his 1868 annual report he described
it as "a double process of peace within reservations and war without."6
Hoping to clarify this divided civilian and military authority, Lieutenant
General Philip H. Sheridan, commander of the Division of the Missouri,
relayed "General Order No. 8" on June 29, 1869. In this order:
All Indians when on their proper reservations are under the exclusive
control and jurisdiction of their agents. . . . Outside the well-defined
limits of their reservations they are under the original and exclusive
jurisdiction of military authority. . . . All Indians . . . who do not
immediately remove to their reservations, will be . . . treated as hostile,
wherever they may be found.
"General Order No. 10," issued in 1871, extended these instructions
to the Department of Columbia, applying the strictures to the various
tribes from the Columbia River Plateau who so enthusiastically went to
buffalo.7
Office of Indian Affairs officials, beginning with Commissioner Ely S.
Parker in 1869, agreed to the newly divided responsibility in which they
were to have "exclusive control and jurisdiction" of all Indians
on their reservations. Commissioner Parker, a Seneca himself, felt the
new policy of "peace on the reservations, war off" represented
a "perfect understanding" of the new situation. By 1872 the
new commissioner of Indian affairs, Francis A. Walker, wrote of the government's
need for a "legalized reformatory control" by which federal
authorities would have the right to keep Indians upon the reservations.
Essential was the authority "to arrest and return them whenever they
wander away." Only by such means could these "vagabond"
peoples, "elements of a gypsy population," and "shifting
sores upon the public body" be brought under "parental control."8
All parties, except, of course, Indians, deemed necessary what Commissioner
Walker termed a "policy of seclusion." It came as no surprise
then, when on November 1, 1873, another new commissioner of Indian affairs,
Edward. P. Smith, informed Congress that as a result of intertribal depredations
he had issued an order that "no Indians be permitted to leave their
reservation without permit from the Agent." Commissioner Smith went
on to say that the secretary of war had been requested "to direct
the commanders of military posts to prevent Indians from passing from
one agency to another without such permit; and if they find Indians marauding
. . . to strike them without parley." General Sherman's 1868 recommendation
for a permit system were finally being implemented.9
This emerging national Indian policy generated a particular predicament
in Montana Territory where the last years of the 1860s saw increased intertribal
raiding, hostilities, and casualties. Indian-white conflicts often attended
the intertribal warfare. Young men in war parties were not above temptation
when they encountered livestock owned by scattered whites, especially
those east of the Rocky Mountains. Whites in the more settled mountain
valleys on both sides of the divide, with or without reason, also felt
gravely threatened by these "depredations." They demanded federal
measures to prevent Indians from traipsing through the country on their
way to buffalo.
Confinement would be difficult, however, as the Deer Lodge New North-West
acknowledged in 1869: "So far as the migrations of the Pen d'Oreilles
[sic], Flatheads, Kootenais, Nez Perces and the infinitude of northwestern
fragments are concerned, it will be well if it can be stopped. It will
be hard to do. 'Going to the buffalo'-trailing over the country-begging
and stealing though the settlements, hunting and living among the buffalo
in the lower country, is the nature of them."10
General Alfred Sully, who had been appointed superintendent of Indian
affairs for Montana in 1869, was emphatic as to why Indians had to leave
their reservations in search of food. There were too many settlements
and too many people-all affecting already scarce game resources. Hunting
in the surrounding country, let alone on the reservations themselves,
could not support their inhabitants. Speaking of the Salish and Kootenais,
Sully wrote:
Not having the means of supporting themselves by farming, they are therefore
obliged to move out every year, East, to the Mussellshell [sic] River,
for the Buffalo, traveling a distance of nearly three hundred miles and
over half the distance through a country partly settled. Being poor, without
any means of support, they must resort to begging, and when this does
not succeed, to stealing. This and drunkenness frequently leads to bloodshed
and when they return from their hunt in the spring, they are as poorly
off as when they started.
Sully's conclusions were widely shared by numerous contemporary evaluations,
especially in military reports of the 1870s.11
In Montana Territory Indian-white conflict had already led to establishment
of Fort Ellis in the Gallatin Valley and Fort Shaw on the Sun River in
1867. Fort Shaw became the regimental headquarters for the newly formed
District of Montana within the Department of Dakota, yet from the outset
it was disadvantaged as an infantry post in a horse-mounted world of buffalo
hunters. Its purpose was to bring peace to the northern plains and to
protect the gold miners and settlers using the Mullan Road as it headed
south from Fort Benton toward Helena. Fort Ellis, on the other hand, from
its inception had both cavalry and infantry units. With its two companies
of the Thirteenth Infantry and two from the Second Cavalry, it guarded
the Gallatin Valley and was tasked with policing the nearby mountain passes.12
These military posts, however, did not bring an end to the trouble, nor
were they or their soldiers numerous enough to enforce confinement. In
1869 a grand jury of the Third Judicial District of Montana Territory
met to address Blackfeet depredations and the threat of "roving Indians."
White settlers accused the Pend d'Oreilles of stealing horses, setting
prairie fires, and possibly even committing murder while on their way
to hunt on the Yellowstone. The grand jury, hoping to call attention the
"exposed condition of the people," concluded its report with
a recommendation to both the military and the Office of Indian Affairs:
"Their passage throughout settled valleys should be prohibited by
the authorities."13
General Winfield Scott Hancock, commanding the Department of Dakota, was
dubious about the possibility of accomplishing this task, noting: "The
passion for buffalo hunting is such, and its profits are a matter of so
much importance to the Indians, that even the tribes from the Pacific
slope of the Rocky Mountains, and from Oregon and Washington, come over
to engage in it. The Flatheads, Nez Perces, Pend d'Oreilles, and Coeur
d'Alenes are prominent among them. The two former tribes come to the number
of one thousand or two thousand in a party, with their horses and remain
all winter in the buffalo country, returning in the spring, sometimes
early enough to raise crops."14
Nor was Hancock necessarily opposed to these specific off-reservation
migrations. Problems arose, however, when parades of these western Indians
slowly moved through the settlements. Almost inevitably whiskey compounded
these difficulties. It was hard for the Indians to resist the temptations
of the rough settlements, and in 1869 there was essentially no civil law
punishing those whites who sought Indians out to trade whiskey for buffalo
robes, horses, or women. Nor did the situation improve. Six years later
the Weekly Missoulian asserted that it was well known that "the Indians,
to and from their annual hunts, are so abundantly supplied with whiskey
as to make the whole outfit drunk during the whole of their wanderings."15

Committed to the general concept of Indian confinement, General Hancock
was of the opinion that "it would be better if these Indians be kept
on their reservations." Yet, because of his experience with the mountain
and Plateau buffalo hunters, Hancock realistically conceded an alternative,
"unless, at least, an agent accompany them to lead them through the
settlements." This unusual idea of providing a responsible escort
or governmental mediator was an inspired solution to what had been an
intractable problem. Equally unexpected, Hancock also asserted that the
Indian leadership welcomed such protective companionship, writing in his
annual report that "The chiefs, still desiring to hunt, are anxious
that an agent be sent with them in order to settle such disputes as may
arise between the Indians and the whites while passing through."16
Responding to local solicitations for protection and yet recognizing the
long tradition of going to buffalo, General Hancock established Camp Baker,
later called Fort Logan, with one company of the Thirteenth Infantry,
some thirteen miles east of Diamond City in the final days of November
1869.17 Located near the entrance to the critical pass between the Little
Belt and Castle Mountains, this area was something of a crossroads. Here
the Blackfeet moved south, sometimes threading the gap between the Big
and Little Belt Mountains, sometimes skirting east, in order to get to
the common hunting ground. For their part, the western Indians pushed
east from the Continental Divide passes and crossed the Missouri and the
pine-forested mountains on their way to the plains of the Judith Basin
and the Musselshell River, or further, to Yellowstone country. Camp Baker's
assignment was to secure communications between Fort Ellis and Fort Shaw
and to curtail the numerous depredations in and around Diamond City and
Confederate Gulch.
Then on January 23, 1870, came the ignominious Baker massacre that, along
with the ravages of renewed smallpox, broke the back of Blackfeet independence.
Encouraged, General Hancock later that spring extended military protection
to local settlers by establishing a temporary summer camp of two companies
of cavalry north of Fort Shaw, near the eastern entrance to Cadotte's
Pass on the Continental Divide. A military camp at this important crossing,
referred to by the Blackfeet as "Easy Pass," would give protection
"if required, to settlers in that vicinity against hunting parties
of the Pend d'Oreilles, Nez Perces, and other tribes of Indians living
west of the mountains, en route to the valley of the Yellowstone."18
In this environment of suspicion and hostility, it would have been easy
for Congress to abrogate the off-reservation treaty rights of the western
Indians on the grounds that they had forfeited those rights because of
their continued fighting with the Blackfeet, Crows, and Sioux. While such
an action was possible, it was not realistic-either in terms of actually
confining the Indians or receiving the federal support necessary to feed
those Indians now confined to their reservations. Moreover, the question
whether chronic intertribal warfare qualified as "depredations"
remained. The Deer Lodge New North-West reflected the majority
opinion when, after a large body of Flatheads, Nez Perces, and Pend d'Oreilles
passed through town, it reported that "Some several hundred warriors
remained behind to engage in the semi-annual set to with the Sioux, by
way of keeping up the spirit of their forefathers. A courier had arrived
from the field bearing the joyful news . . . that hostilities had actually
commenced, and that the Flatheads were already in possession of fifty
head of Sioux ponies and some hair. Let 'em fight!"19
In a similar vein, the Missoula Pioneer alerted its readers that the Sioux
and Crows had "cleaned out" Big Canoe and his Pend d'Oreilles
in the Yellowstone country. "We will shortly have them back here,"
the paper warned, "in a destitute and dilapidated plight on their
return home, where starvation awaits them." In fact, the Pend d'Oreilles
had been dealt with severely. They had lost a good many men, had been
stripped of all their possessions, including horses, and were "returning
on foot without an ounce of meat." The Pend d'Oreille losses were
of no particular concern to the newspaper nor were they considered to
be depredations. The newspaper's only anxiety was the possibility that
in their destitute state the Pend d'Oreilles might steal from the settlements,
kill stock, or become a nuisance as they begged or scavenged scraps. In
other words, Indian fighting Indian was of no interest.20
Given attitudes like these, nullification of treaties and confinement
were to be saved for real hostiles, such as the Sioux, leaving the other
tribes in the northern Rockies, at least prior to the Nez Perce conflict
of 1877, to be judged by another standard. Yet even this determination
raised questions. Could such a contrived reading of depredations be squared
legally with the earlier administration decisions denying the Sioux? Or,
for that matter, could the intertribal warfare be reconciled with the
intertribal peace requirements set down for the buffalo hunters by the
Stevens treaties? It was a conundrum. The Deer Lodge New North-West editorialized
that the Indians should be allowed to go to buffalo-"turn them back,
and they will hang about the settlements-beg, steal, perhaps become hostile,
or perish of starvation. There are two evils, which is the lesser?"21
On the other hand, Indian-white hostilities continued to plague the territory,
particularly the Sun, Missouri, Clark Fork, and Gallatin Valleys, and
these conflicts fueled anxiety and fear. Arguing they were unable to tell
the difference between friends and hostiles, whites regularly and without
formality killed all Indians found in the vicinity of the settlements.
As the Bozeman Avant-Courier blithely reported, the settlers had "adopted
the sensible plan that it is better to first shoot the Indian and then
to find out his status." In any case, the newspaper concluded, "as
any sensible person knows, all Indians are decidedly better after they
are dead." Clearly, friendly Indians exercising their guaranteed
treaty rights to go to buffalo needed military protection.22
In the Rocky Mountain West the difficult and intricate problem of reconciling
an incoherent policy of Indian confinement with the guaranteed right of
some to go to buffalo seems to have been at least partially addressed
as early as 1871. In an August 28, 1871, circular letter issued from the
District of Montana headquarters at Fort Shaw, the commanding officers
at Forts Shaw, Ellis, Benton, and Camp Baker learned that the new superintendent
of Indian affairs for Montana Territory, Jasper A. Viall, had instructed
his agents that "in all cases where friendly Indians desire to pass
through the white settlements for hunting or other legitimate purposes,
they shall first apply for permission, and on this being granted, a military
guard will be furnished to accompany them through the settlements."
Headquarters ordered its commanders to furnish " a small guard under
a Commissioned Officer to accompany them for the purpose of guarding against
any depredations by them or against them."23
When there was time, the orders for such applications were to be issued
from district headquarters. In cases of necessity, however, officers were
not to wait for such orders, but to provide the escort "on the application
of the Superintendent of Indian affairs, the nearest Indian Agent, or
even the Indians themselves." These escorts, the circular noted,
were to remain with the Indians "as long as they remain within the
white settlements and their passage through will be required to be as
expeditious as possible." Finally, the letter addressed not only
the issue of treaty Indians going to buffalo, but also of their returning:
"All friendly Indians passing from the hunting grounds to the East
of the Missouri, back to their reservations in the West will be required
by you to report at the nearest military post and remain there until an
escort can be furnished them."24
This is the first evidence of a combination of civilian passes and military
escorts being used in Montana Territory. Peace on reservations and war
off had not been a workable policy. The growing scarcity of food, the
inability of the reservation Indians to successfully transform themselves
into farmers, and the unwillingness of the federal government to provide
rations forced Indians to continue to leave their reservations. Yet, just
as clearly, by 1871 peaceful reservation Indians needed protection. Together,
at least in principle, the escorts and permits came to constitute a viable
regional alternative to the failed confinement policy and yet one that
fit the requirements of President Grant's so-called Peace Policy. If not
a policy of strict confinement, at least the new effort provided separation
in key areas-the settlements.
In neighboring Idaho, in the Department of the Columbia, Brigadier General
Edward R. S. Canby suggested something similar, only in this case the
incident sparking the proposal was the annual intertribal assemblage at
Camas Prairie. In 1872 some twenty-five hundred Nez Perces, Umatillas,
and Indians from the Shoshone and Bannock reservations peacefully gathered
there, causing considerable consternation among white settlers, although
the Indians had left their reservations with the permission of their agents.
According to General Canby, they were on Camas Prairie because "their
country was almost entirely destitute of game," a complaint rendered
all the more believable because of its frequency. A second cause was also
registered, namely that the fish supplies in the upper rivers were diminishing
because of "the settlement of the country below." The situation
was so dire, reported General Canby, that the Indians had to starve or
steal or, alternatively, "go to camas." Yet when Indians, even
friendly ones, gathered in such numbers, local whites became uneasy. As
a result, Canby proposed an immediate policy "to send with the Indians
from each reservation an agent or employe [sic], who would be useful in
controlling the Indians, and as a medium of communication between them
and the settlers, in allaying any apprehensions that might be felt by
them as to the objects and intentions of the Indians." As for the
following year, General Canby suggested dispatching a cavalry force to
Fort Boise that would act as military escorts "during the camas-digging."
General Canby's proposal demonstrated how regionally widespread the escort
solution had become in less than a year since its implementation.25
Not everyone agreed that this arrangement offered a practical and legal
solution. The Missoula Pioneer, for example, complained bitterly about
the Nez Perces whose annual excursions to the "buffalo country"
were made not so much for food and robes, it asserted, but "to trade
in 'fire-water,' steal, and rob white settlers of their horses and mules,
destroy grain fields with their bands of horses, lay waste and pillage
unprotected farms and farm houses, assault and frighten defenceless [sic]
women and children." The newspaper insisted that the government should
immediately put a stop to these annual invasions and "urged similar
steps be taken to keep the Kootenais and Pen d'Oreilles [sic] upon their
reservations in the Jocko." Confinement was the only answer. "Keep
the Indians upon their reservations-free from all contact with the whites."26
Total separation was, of course, as impossible as confinement. Even the
Missoula Pioneer concluded its editorial demand with the recognition that
going to buffalo should cease "as far as possible." Although
the permit-escort mechanism was being explored as early as 1871, not all
elements were in place-nor was the design as laid out consistently followed.
On September 18, 1873, for example, Captain Henry B. Freeman at Camp Baker
reported, "The Nez Perces and Flathead Indians passed through from
their reservations to the west side of the Buffalo range on the Mussellshell
[sic] and Judith rivers in February and March last, returning a month
later-both tribes had written authority for their journey from the Superintendent
of Indian Affairs and did not molest any settlers along the route."
The hunting party, however, had no military escort and was, therefore,
not formally in compliance.27
Yet, in general, the use of permits and military escorts progressed rather
well. By the 1870s both the army and citizens were accustomed to federal
soldiers providing a variety of escort services. Moreover, escorting Indians
was not fundamentally different from other military policing tasks. Complete
control of the buffalo hunters, however, was out of the question. The
difficulty of the situation can be seen from a Camp Baker report that
noted small bands of Nez Perces and Flatheads "almost constantly
wandering to and fro through this section of the country." They were
not openly hostile, but they "give the settlers just cause for complaint."
The Weekly Missoulian was certain it had found a new social dictum as
it announced to its frontier audience: "The further an Indian gets
from home the more lawless he becomes."28
By 1874, Colonel John Gibbon, in charge of the District of Montana, was
of the opinion that both post commanders and Indian agents were ignoring
Viall's permit and escort solution. Attempting to correct this situation,
Gibbon had Superintendent Viall's 1871 instructions reiterated to military
commanders. He then wrote his superior in St. Paul, Minnesota to request
approval for his actions and to ask that the same instructions be issued
to the Indian agents in the territory through the Office of Indian Affairs.
By the end of November Secretary of War W. W. Belknap had forwarded Gibbon's
requests to the commissioner of Indian affairs for appropriate action.29
With surprising promptness Commissioner Edward P. Smith issued "Circular
186" on December 17, 1874. In it, Smith repeated his office's October
31, 1873, instructions "forbidding the exercise of such roaming propensities,"
but he also spelled out two important modifications. No Indians would
be permitted to leave their reservations without a military escort and
a written permit from the agent or superintendent. Should they do so,
the Indians would be treated as hostiles. Second, recognizing agents'
empathy for their wards and their basic impotence in terms of enforcement,
Smith ordered that before issuing a permit, application must be made to
the commanding officer of the nearest military force "who will furnish
a sufficient guard of soldiers to accompany and remain with the Indians
as long as they remain within the white settlement, and who will require
their passage through such settlement to be expeditious as possible."30
Smith's directive, however, ran afoul of the agents' ability and willingness
to keep their charges on their reservations. In the case of the consolidated
Flatheads, Pend d'Oreilles, and Kootenais, as Flathead agent Charles Medary
informed Montana governor Benjamin Franklin Potts, their chiefs insisted
on having the right to leave the reservation "at pleasure."
Then, after quoting the 1855 Hell Gate Treaty, Medary defended his actions:
"I have used every effort at my command to restrain them from absenting
themselves without leave; but owing to the failure of their crops . .
. and no provision being made for this Agency by the Government to subsist
them-they are in a measure compelled to leave the reservation in search
of game and berries." Besides, he added, no military escort was available
to him, and without such a military force he was powerless to enforce
the orders of the Indian Office. For that reason, he recommended the establishment
of a military post in the vicinity of Missoula, where many of the tribes
collected in numbers reaching two and three thousand, with from three
to four thousand head of horses, before moving on through the Hell Gate
Canyon. In a parting shot, he concluded, "The Department orders for
Indians to remain on their reservation except when on their way to the
buffalo country, when they are required to get permission from their agent
and be escorted by a detachment of United States troops, cannot be enforced."31
It was not just the practical issues that bewildered local officials.
That a moral dimension kept cropping up was clear from the letter Colonel
Gibbon wrote to Blackfeet agent John Wood. In 1875 destitute bands of
Flatheads and Pend d'Oreilles were pressing into Blackfeet territory.
"As I cannot see them starve and have not the means of feeding them
I have made no objection to their going north as far as the Marias River
if necessary, but have warned them against committing depredations."32
Complicating the situation was the case of some western Indians who had
no reservation. Receiving no aid from the federal government, they were
compelled to go to buffalo, which they did without permission or military
escorts. Superintendent Viall, upon assuming office in 1871, had pointed
out that "mixed Bannacks, Shoshones, and Sheepeaters" lacked
a fixed home and were migrating at will "to and from the Yellowstone
country and the Salmon River." In an effort to address this problem,
Viall ordered the Indians to be brought together "about twenty miles
above the mouth of the Lemhi Fork" to establish a reservation. A
full five years later Harrison Fuller, special agent at the Lemhi Agency
in Idaho, found himself facing similar difficulties. "We seem to
be the head-center for roaming bands of Indians to congregate," he
complained. The Flatheads came over the Bitterroot divide and were there
for salmon fishing, and the Bannocks and Shoshones from Fort Hall visited,
camped, and begged for government supplies on their "route to the
buffalo country." Feeling his stores were inadequate, Agent Fuller
reported "oftentimes I am forced reluctantly to issue our people
passes to go to the mountains and surrounding country in pursuit of game."33
Sometimes the western buffalo hunters sought a permit and escort only
after-sometimes long after-they had left their reservations. In such cases,
they would stop at a fort and there attempt to secure travel authorization.
In such fashion, Second Lieutenant J. T. Van Orsdale at Fort Shaw gave
Pend d'Oreille chief François permission "to transit the Blackfeet
Agency" on his way to the prominent landmark "The Knees,"
just west from "The Goosebill" and north of the Teton River.
Van Orsdale also provided François with a proper escort. Blackfeet
agent John Wood, irritated and already at a loss as to how to deal with
wandering tribes from the Jocko Agency because of their agent's unwillingness
to restrict his charges, fired off a communication to Colonel Gibbon,
complaining about this after-the-fact permission. Gibbon, not slow in
his own defense, replied that "the bands of Flathead and Pend d'Oreille
Indians . . . represent themselves as in a state of destitution and are
going north to supply themselves with food. . . . So long as the agents
of the Indian Dept. grant tribes permission to leave their reservations
to subsist themselves, it will be impracticable to confine them to any
particular limits."34 In other cases, parties unwilling to return
with the main group would follow in their wake three or four weeks later
and, when questioned, argue that they were a part of the previously escorted
band.35
Such instances demonstrate that escort procedures were not as yet well
practiced and by no means uniform. Close cooperation between the military
and civilian authorities often gave way to other priorities. Insufficient
personnel or horses led post commanders to deny requests for escorts or
to postpone them. In other cases, District of Montana headquarters intervened,
pronouncing that it did not "consider that an escort will be necessary."36
Indian agents too remained uncertain as to how to provide written authorization.
In the 1870s agents usually wrote out passes in their own idiosyncratic
way to "whomever it may concern." Such was the case when Flathead
agent Peter Whaley wrote a permit in June 1875 for "Arlee, head chief
of the Flathead Tribe of Indians with a portion of his people under his
guidance to leave this reservation and proceed without delay thro' the
'white settlements' to the Buffalo country North of the Sun River for
the purpose of procuring Meat and Hides." Although he had no escort,
when Arlee passed by Fort Shaw twelve days later, he dutifully reported
to its commander, Captain Charles C. Rawn. From him, Arlee received permission
to pass through the Blackfeet Reservation "to the hunting ground"
described by Whaley. In military fashion Captain Rawn penned his "endorsement"
on the bottom of the agent's letter of permission. In time, government-authorized
passes would be printed and include such information as the length of
the visit, its purpose, the date issued, and to whom the individual or
band would report.37
Another recurring problem was that parties of buffalo hunters with different
destinations often had to wait for long periods of time at a military
fort for their turn at an escort. In other cases, the military escorts,
say from Fort Missoula, would only travel part way, perhaps as far as
Fort Shaw or Helena, expecting to "be relieved by another escort,
who will see the Indians on their way to 'buffalo rejoicing.'"38
Once through the settlements and on the other side of the Missouri, the
Indians were released from the protective custody and prodding of the
military escort; they were turned loose into beckoning buffalo country,
and the soldiers with relief turned around and headed back to their respective
posts.
Ferrying the willing and the not-so-willing Indians back and forth kept
military contingents from Forts Shaw, Logan, Ellis, and Missoula busy.
Escorting was not easy, as Lieutenant C. A. Booth and a detachment of
twelve soldiers from Fort Shaw learned while accompanying Pend d'Oreille
chief Big Canoe and his band of some five hundred "assorted Indians"
back from the plains where the Pend d'Oreilles and their allies had spent
the winter-"they were eleven days out from Fort Shaw, were hard to
herd and lazy to travel."39
Other escorts had leveled similar accusations. Captain J. Parker of the
Third Infantry, for instance, left Fort Logan in March 1879 with an escort
of three noncommissioned officers and "11 privates of Co. 'K'"
to accompany Charlo's band of Flatheads back to the Bitterroot Valley.
At the start, Captain Parker had an interview with Charlo, explaining
the object of the escort and "enjoined upon him the policy, as well
as necessity, of keeping his men well closed on the march and also of
preventing straggling. The condition of the ponies-some of which were
very thin in flesh, and all worn with travel-was such that it was a matter
of extreme difficulty to keep them well together."40
While the trip was successful-"all left, and arrived in camp together"-Captain
Parker resorted to a strategy of "not breaking camp myself, until
I saw the last of the band en-route, thus keeping them in front of me."
He also allowed no communication "between the men of my command and
the Indians, nor were the latter encouraged to visit my camp. I only permitted
members of the Escort to visit the Indian camp once, and this in my presence."
After nine days the group arrived in Deer Lodge and the first green grass,
where the soldiers expected to meet their relief escort, presumably from
Fort Missoula. Unfortunately, it had not yet arrived. After waiting a
day to no effect, Captain Parker deemed it prudent "to remain with
the Indians until they again broke camp and resumed their march. This
I did."41
Lieutenant Booth, on another escort mission in February 1876, this time
for assorted Pend d'Oreilles, Flatheads, and Spokanes traveling from Fort
Shaw to the vicinity of Missoula, where they would split up to make their
way to their respective reservations, was ordered to "keep the Indians
as much together as possible and make the trip as rapidly as is consistent
with their modes of travelling. Exercise what control you can in keeping
the Indians from whiskey. . . . Investigate all matters of complaints
by whites against the Indians or the latter against the whites and apply
such remedies as be in your power."42
In this case, the escort was expected to last for some thirty days. During
this lengthy period, Lieutenant Booth received orders to communicate with
the Indians primarily through their chiefs and to do so with the "greatest
mildness and consideration, telling them plainly what you want in each
case." Booth's instructions pointedly reminded him that "these
Indians are especially jealous about their women and you will therefore
see that your men are circumspect in their bearing towards them, and that
they are acting as protectors to the Camps."43 This warning, of course,
would have been unnecessary had soldiers not previously misbehaved. Again,
the emphasis was clearly prevention.
Indians who went to buffalo encountered white antagonisms and racism.
White Montanans wanted to be rid of them. These attitudes were particularly
prevalent in the towns. The Helena Daily Herald, when reporting on a nearby
Flathead and Pend d'Oreille encampment in fall 1873, remarked: "Bucks
and squaws are to be seen at all hours on our streets. . . . They are
an excellent substitute for hogs about a slaughterhouse, and garbage and
offal disappear under their manipulation with a suddenness and dexterity."
Elsewhere in the territory, newspapers railed against the demoralization
of "both reds and whites" that mingling in town inevitably brought.
"It is better," wrote the Weekly Missoulian editor, "that
the two races should be kept apart."44
With or without passes and escorts, western Indians continued to go to
buffalo as they always had, and did so through the growing gauntlet of
towns, ranches, and fences for the very reasons they had always had, only
now under greater pressure as other resources dwindled. Buffalo hunting
was still richly rewarding. Perhaps the most convincing testimony of this
fact came from Duncan McDonald, the mixed-blood son of Hudson's Bay Company
trader Angus McDonald. In a January 1875 letter to the editor of the Weekly
Missoulian, McDonald described a buffalo hunt the previous November in
which some six hundred Pend d'Oreilles, Coeur d'Alenes, Kootenais, Spokanes,
Colvilles, and others participated. Hunting in three heats, each lasting
two hours, the alliance had enjoyed amazing success. Trying to calculate
the value of these supplies, McDonald singled out five individuals who
alone had killed 104 fat cows and bulls, which he said equaled 52,000
pounds of meat, not counting tongues, sinews, robes, and so on. Then,
using this kill rate as an average, McDonald extrapolated that the hunters
had secured the equivalent of 3,240,000 pounds of beef. The beef, he claimed,
would have been worth a half a million dollars at the Chicago stockyards,
an amount greater than the federal government's expenditures at the Flathead
Agency theretofore.45
That buffalo hunting retained an immense economic value for western Indians
and for which there was no ready substitute could not be denied. No wonder,
as General Sherman observed during a visit to Deer Lodge in 1877, the
"Flatheads, Pend d'Oreilles, Spokanes, and Coeur d'Alenes" would
dash off upon hearing that the buffalo were "near, i.e. 300-400 miles
northeast" and that whatever anyone might say, "they are bound
to go after them." General Sherman, fully aware that "the [Flathead]
agent has not a dollar and no authority to promise them meat," drew
the inevitable conclusion: "These Flathead are friendly, but they
must go for buffalo or starve." This was an amazing evaluation, coming
hard on the heels of the Nez Perce conflict, by the Civil War general
who had desolated the South and who was often accused of attempting to
solve the "Indian problem" by confining Indians to their reservations-or
worse, by engineering army participation in the destruction of the buffalo,
the so-called "commissary of the Plains Indian."46

In spite of General Sherman's recognition of the problem, the Sioux
and Nez Perces hostilities, coming back-to-back in 1876 and 1877, inhibited
the free exercise of off-reservation treaty rights by western Indians.
Even going to town "to saw wood, wash, and do other kinds of work"
was called into question. Whites were no longer willing to tolerate even
supervised comings and goings, editorialized the Weekly Missoulian. The
newspaper then compared Montana Territory's unusual Indian policy of off-reservation
travel with other regions where "the general orders from army headquarters
are rigidly enforced, and every Indian off his reservation is arrested."
Accommodations that had once made perfect sense could no longer be countenanced.47
In response, the white population renewed calls for Indian confinement
and demanded more military posts and greater federal protection. The Indian
Office banned all sales of arms or ammunition. One of the reasons for
these new restrictions, averred the Helena Weekly Herald, was that in
these hostile times identification was a problem. "Not one person
in a thousand can tell [to] what tribe an Indian belongs." And if
tribal identity could not be ascertained, then who was a hostile and who
was a treaty Indian was equally difficult to determine.48
No one liked the situation. Some Indians had permits and escorts, and
some did not. In other cases, the situation was unclear. The Bozeman Avant-Courier,
for example, noted in June 1879 that a large camp of Flatheads had passed
thorough town on their way to the Yellowstone. "We did not see any
military escort with them, and wonder if they are absent from their reservation
without leave." Perhaps they had a permit from the agent but had
been denied an escort. Perhaps they were the peaceful Bitterroot Flatheads
under Charlo who had refused to retire to their designated reservation
and were regarded as "domestic Indians," not subject to the
dictates of the Flathead agent. Letters to the editor flooded in from
outlying farmers and ranchers along the routes to buffalo as they reported
on the whereabouts, numbers, direction, and status of the migrations or
complained about their lack of military escorts. Control over the hunting
parties, in other words, remained an ongoing problem.49
Camp Baker commanding officer Lieutenant Colonel C. C. Gilbert had determined
already in 1877 that the best way to deal with the problem of permits
and escorts was to request that "the territory east of the Smith
River be closed to Indian hunting parties," a recommendation that
he sent to headquarters at Fort Shaw. Responding, Colonel John Gibbon
reported up the chain of command that he saw no remedy for ongoing problems
associated with the killing of livestock by "roving" Indians
"except to prohibit the annual migrations of these Indians to the
Buffalo country." General Alfred Terry was quite willing to endorse
Gibbon's recommendation to his superior, General Sheridan. Sheridan was
of the same mind as Terry, agreeing that Indians belonging to reservations
west of the mountains "should be prevented from roaming to the eastward
and through the settlements." He pointed out, however, there was
little use in deciding upon "a plan for the management of these tribes"
unless the government would provide a sufficient military force to actually
enforce its decision.50
Stopping all reservation traffic would have been an impossible task given
the size of the army in Montana. Prior to 1876, for example, there were
fewer than six hundred personnel scattered among the military posts in
the territory. Even after the 1876 Great Sioux War and the flight of the
Nez Perces in 1877, which led to a remarkable army buildup and expansion,
including the construction of Forts Keogh, Custer and Missoula in 1877,
there were still fewer than three thousand soldiers in Montana, hardly
enough to control or police an estimated thirteen thousand Indians.51
Indians kept going to buffalo. Indeed, as late as 1879 the Montana territorial
legislature still sought to confine Indians to their reservations by officially
petitioning the president to beef up the army presence and to increase
its federal troop strength. In such cases where tribal entities had agency
permits and legitimate reasons to travel, the territorial legislature
wanted these Indians to be provided "with a suitable and sufficient
military escort to protect the property of our citizens, and prevent the
depredations above complained of."52
Two years later, Granville Stuart, the famed Judith Basin rancher, was
still attempting to bring pressure on the federal government to confine
Indians by petitioning the secretary of the interior. On behalf of stockgrowers
in Meagher and Chouteau Counties, Stuart circulated a letter for signatures
in which he complained bitterly about "an evil too great to be quietly
borne"-namely Indians "rambling about among us." They roamed
at will over the stock ranges and settlements, they killed stock, and
they were insolent. These included not only "alien Indians,"
by which Stuart meant Bloods, Piegans, and Crees from Canada, but also
Crows and "the semi-annual irruption of the Flatheads, and Pend d'Oreilles
and allied tribes, from their reservation in the western part of the territory
and across and through the settlements and ranges of all the eastern portion,
where they, too, kill cattle, obtain whisky, and sometimes steal horses."53
Unable militarily to keep treaty Indians at "home," unwilling
to feed them, and unwilling to fight them except where hostile actions
necessitated it, governmental authorities in Montana Territory, federal
and territorial, military and civilian, had reached for an alternative
solution-a permit and escort system. Reluctantly, officials recognized
the immediacy of Indian subsistence needs and accommodated the western
Indians because of their treaties, their friendly status, the scarcity
of game, the Indian need of protection, and their long tradition of buffalo
hunting. All coalesced to provide these Indians with an exceptional mechanism,
albeit one that was cobbled together haphazardly. The result was that
confinement to reservations, in spite of national Indian policy, was not
enforced in Montana with the same standards or zeal as elsewhere.
This federal accommodation is particularly surprising in light of recurring
assertions of the army's complicity in the buffalo's destruction. Such
an argument rested on the questionable assumption that their eradication
would force the buffalo hunters to retire to their reservations. While
there is ample evidence that this belief was shared by some of the army
leadership, especially General Sherman in the early stages of his western
career, there is little evidence that it was directly acted upon in any
significant way. And, at least with the treaty Indians on the crowded
buffalo ranges of Montana, as General Sherman's "they must go for
buffalo or starve" statement made clear, just the opposite was the
case. The army, by participating in the development of permits and escorts,
not only tolerated, but stood by the treaty Indians, actually enabling
and promoting off-reservation buffalo hunting to the consternation of
territorial newspapermen, settlers, miners, and stockmen.54
Whatever transpired elsewhere, the frontier army in Montana Territory
did not deny western Indians access to buffalo. Nor did it doggedly confine
all Indians to their reservations, however serious the provocations. For
those cynically inclined to see a general and covert army policy, it can
be argued that this practice of providing local military escorts deceitfully
assisted the eventual destruction of the buffalo. That was not the intent.
The army's interest did not lay in reducing buffalo numbers to insure
dependency and confinement. Instead the army in the District of Montana
attempted to lessen the tensions between friendly Indians and territorial
interests by controlling the geographical mobility of Indians. Protection
and control of Indians-limiting white access to them and vice versa, not
their confinement or the destruction of the buffalo-these were the issues
with which the army grappled. Acknowledging the army's protective efforts,
Duncan McDonald wrote to the Deer Lodge New North-West in 1878, expressing
his opinion that for non-hostiles, "the army is without doubt, the
Indian's best friend."55
Moreover, the army was not a monolith, and military leadership not of
one mind. Nor was it in position to dictate. There were civilian constraints.
The army could not have acted unilaterally had it wanted to-and it did
not. Permits and escorts involved the Indian Office and local Indian agents.
Military authorities did not even insist upon providing the numerous escorts
themselves. As early as 1869 General Hancock suggested that it would be
quite proper for Indian agents to accompany hunting parties as they passed
through the settlements. The impetus for such escorting frequently came
from the chiefs themselves. Eventually, Indian police units or even trusted
elders would provide this protective service.56
Indian horizons were definitely narrowing after 1878. The common hunting
ground of the 1855 Stevens treaties had disappeared beneath mining discoveries
and settlements. It was harder to go to buffalo. There were fewer animals,
and they were more concentrated. The enterprise had become more competitive
and dangerous than ever before. Still, the passion and the need were such
that small bands frequently ignored white requirements and went anyway.
Increasingly they did
so at their own peril, either to be hauled back to their reservations
by military patrols, shot by incensed whites, or exposed to the intertribal
warring that intensified as buffalo grew scarcer. Still, the western Indians
remained a concrete and visible presence on the buffalo plains because
of their determination, their need, and because there was not an adequate
alternative to their staying home or going anywhere else.
By 1882, in a blink of an eye, the buffalo would be gone from the Great
Plains, and with their demise, destitution settled over the reservations
and the northern plains like a fog. Indians could not find their way.
White Calf, one of the leaders of the southern Piegans, remembered the
Blackfeet wandering around, not knowing where they were going or where
they were. "They could see the things close to them but the things
that were further off were hidden," he said, "so they were like
people who were lost." Bewildered by the disappearance of the buffalo,
broken by the devastating effects of whiskey, even to the point of trading
away their horses, the buffalo hunters, now afoot, were frequently escorted
back to their agencies and into the chaos of further dependency. As White
Calf achingly remembered it, "They had nothing and they knew nothing."57
The buffalo were gone.
Many years later, in 1935, a Crow Indian named Max Big Man testified to
a government committee. "In the old days the buffalo gave us our
meat; the buffalo gave us our clothes; the buffalo gave us our houses,
our fuel, our tools," he said. "Then the whiteman came and killed
the buffalo." "Now," Big Man concluded, summarizing the
reservation experiences of the last fifty years, "the white man is
our buffalo. We want him to stay our buffalo." It was a new dispensation.
Unfortunately, the old horse cavalcades, the call of adventure, the promise
of plenty were replaced by delegations to Washington, D.C., and "going
to buffalo" became "going to Washington." Somehow it wasn't
the same.58
WILLIAM E. FARR is professor of history and associate director of the
Center for the Rocky Mountain West at the University of Montana in Missoula.
He is author of The Reservation Blackfeet, 1882-1945: A Photographic History
of Cultural Survival (1984) and a frequent contributor to this magazine.
1.William E. Farr, "When We Were First Paid": The Blackfeet
Treaty, the Western Tribes, and the Creation of the Common Hunting Ground,
1855," Great Plains Quarterly, 21 (Spring 2001), 131-54; Michael
P. Malone, Richard B. Roeder, and William L. Lang, Montana: A History
of Two Centuries, rev. ed. (Seattle, 1976), 50-94; Richard White, "It's
Your Misfortune and None of My Own": A New History of the American
West (Norman, 1991), 92-104.
2.Francis Paul Prucha, American Indian Treaties: The History of a Political
Anomaly (Berkeley, Calif., 1994), 279-81; Francis Paul Prucha, The Great
Father: The United States Government and the American Indians, 2 vols.
(Lincoln, 1984), 1:488-92; U.S. Department of the Interior, Annual Report
of Commissioner of Indian Affairs, December 23, 1869, by Ely Parker, Commissioner,
41st Cong., 2d sess., H. Doc. 1, pt. 3, serial 1414, 445-48.
3.Charles J. Kappler, ed., Indian Affairs: Laws and Treaties, 2 vols.
(Washington, D.C., 1904), 2:977-89.
4.U.S. Department of War, Annual Report of the General of the Army, 1866,
Report, Nov. 5, 1866 of Lieut. General W. T. Sherman, 39th Cong., 2d sess.,
H. Doc. 1, serial 1285, 21. This proposal is included in Ulysses S. Grant
to E. M. Stanton, January 15, 1867, in 40th Cong., 1st sess., S. Doc.13,
serial 1308, 17-18. General Sherman's proposal is also included in Report
of Indian Peace Commissioners to the President, January 7, 1868, 40th
Cong., 2d sess., H. Doc. 97, serial 1337, 13.
5.W. T. Sherman to J. M. Schofield, September 17, 1868, in U.S. Department
of the Interior, Annual Report of Commissioner of Indian Affairs, 1868,
40th Cong., 3d sess., H. Doc. 1, vol. 2, serial 1366, 536-37.
6.U.S. Department of the Interior, Annual Report of Commissioner of Indian
Affairs (1868), 831-32; U.S. Department of War, Report of the General
of the Army, 1868, Report of Lieutenant General W. T. Sherman, Military
Division of the Missouri, Nov. 1, 1868, 40th Cong., 3d sess., H. Doc.
1, serial 1367, 8; Robert M. Utley, Frontier Regulars: The United States
Army and the Indian, 1866-1891 (Lincoln, 1973), 139.
7. "General Orders, No. 8," General Orders and Circulars, Division
of the Missouri, 1865-1882, Adjutant General's Office Collection of Orders,
vol. 801, Record Group 94 (hereafter RG 94), Records of the Adjutant General's
Office, National Archives, Washington D.C. (hereafter NA); "General
Orders, No. 10," General Orders and Circulars, Division of the Pacific,
Adjutant General's Office Collection of Orders, vol. 813, ibid.
8.U.S. Department of the Interior, Annual Report of Commissioner of Indian
Affairs (1869), 447, referring to a June [12], 1869, circular letter (see
attachment to Report No. 151, p. 894); U.S. Department of the Interior,
Annual Report of the Commissioner of Indian Affairs, November 1, 1872,
Francis A. Walker, 42d Cong., 3d sess., H. Doc 1, vol. 1, serial 1560,
399-400. Later, out of office, Walker spoke of roving Indians as "shifting
sores." Francis A. Walker, The Indian Question (Boston, 1874), 142.
9.Walker, Indian Question, 94; U.S. Department of the Interior, Annual
Report of the Commissioner of Indian Affairs, November 1, 1873, by Commissioner
Edw. P. Smith, 43d Cong., 1st sess., H. Doc. 1, pt. 5, serial 1601, 8.
10.Deer Lodge (Mont. Territory) New North-West, October 15, 1869, 2.
11.Alfred Sully to Commissioner of Indian Affairs, January 14, 1870, frames
253-254, roll 490, Montana Superintendency, Letters Received, 1870, microcopy
234 (hereafter M234), Record Group 75 (hereafter RG 75), Records of the
Bureau of Indian Affairs, NA. A good example of the appearance of this
observation is U.S. Department of War, Report of the General of the Army,
1875 by W. T. Sherman, 44th Cong., 1st sess., H. Doc. 1, serial 1674,
34; and U.S. Department of War, Report of the General of the Army, 1875,
Report, Sept. 1, 1875 of Brvt. Major General John Pope for the Department
of the Missouri, ibid., 76.
12.Utley, Frontier Regulars, 121; Merrill G. Burlingame, The Montana Frontier
(Helena, Mont., 1942), 194-212.
13.See U.S. grand jury report, October 9, 1869, Montana Territorial Court,
Third Judicial District (Helena), "Journal of Proceedings 1868-1875,"
vol. 10, pp. 86-89, Record Group 21, Records of District Courts of the
United States, National Archives, Pacific Northwest Region, Seattle, Washington.
The matter of Indian depredations and the evidence of the grand jury were
covered in the Deer Lodge (Mont. Territory) New North-West, October 15,
1869, 2; and New York Times, October 28, 1869.
14.U.S. Department of War, Report of the General of the Army, 1869, Report,
Oct. 20, 1869, of Major-General W. S. Hancock, Department of Dakota, 41st
Cong., 2d sess., H. Doc., vol. 1, pt. 2, serial 1412, 64.
15.Missoula (Mont. Territory) Weekly Missoulian, August 25, 1875, 2.
16.U.S. Department of War, Report of the General of the Army, Report .
. . of Major-General W. S. Hancock (1869), 65.
17.Burlingame, Montana Frontier, 212-13.
18.U.S. Department of War, Report of the General of the Army, 1870, Report,
Nov. 1, 1870, of Major-General Hancock, Nov. 1, 1870, Department of Dakota,
41st Cong., 3d sess., H. Doc. 1, pt. 2, serial 1446, 28. For the designation
"Easy Pass," see James Willard Schultz's manuscript, "An
Indian Massacre," p. 4, file 5, box 5, Collection 10, James Willard
Schultz Papers, Merrill G. Burlingame Special Collections, Montana State
University Libraries, Montana State University, Bozeman.
19.Deer Lodge (Mont. Territory) New North-West, March 16, 1872, 3.
20.Missoula (Mont. Territory) Pioneer, November 17, 1870, 2.
21.Deer Lodge (Mont. Territory) New North-West, October 15, 1869, 2.
22.Bozeman (Mont. Territory) Avant-Courier, September 13, 1871.
23."Circular Letter. Instruction as to action to be taken with Indians
passing through White Settlements," August 28, 1871, box 1, Fort
Ellis, Letters Received, 1867-1874, pt. 5, Military Installations, 1821-1920,
Record Group 393, Records of U.S. Army Continental Commands (hereafter
RG 393), NA. See also Bozeman (Mont. Territory) Avant-Courier, September,
18, 1871, 2.
24.First Lieutenant James Madison Johnson Sanno to Commander, Fort Ellis,
August 28, 1871, box 1, Fort Ellis, Letters Received, 1868-1874, pt. 5,
RG 393, NA.
25.U.S. Department of War, Report of the General of the Army, 1872, Report,
October 1, 1872, of Brigadier-General Canby, Department of the Columbia,
42d Cong., 3d sess., H. Doc. 1, pt. 2, serial 1558, 70; David H. Chance,
People of the Falls (Colville, Wash., 1986), 104.
26. Missoula (Mont. Territory) Missoula Pioneer, September 21, 1872, 2.
27.Ibid.; Captain H. B. Freeman, September 18, 1873, Fort Logan, Letters
Sent, 1870-1880, pt. 5, RG 393, NA. See also Burlingame, Montana Frontier,
213.
28.U.S. Department of War, Report of the General of the Army, 1870, Report
. . . of Major-General Hancock, 28-29; Captain H. B. Freeman letter, August
8, 1875, Fort Logan, Letters Sent, 1870-1880, pt. 5, RG 393, NA; Missoula
(Mont. Territory) Weekly Missoulian, August 25, 1875, 2.
29.John Gibbon to Assistant Adjutant General, Department of Dakota, October
23, 1874, frames 1323-1328, roll 500, Montana Superintendency, Letters
Received, 1874, M234, RG 75, NA.
30."Circular No. 186," December 17, 1874, pp. 81-82, Letter
Book 22, RG 75, NA.
31.Charles Medary to Benjamin Franklin Potts, August 14, 1875, frame 646,
roll 502, Montana Superintendency, Letters Received, 1875, M234, RG 75,
NA; General Alfred Sully to Commissioner of Indian Affairs, January 21,
1870. See also Lieutenant Colonel W. Merritt to Headquarters, Military
Division of the Missouri, February 8, 1876, printed in the Missoula (Mont.
Territory) Weekly Missoulian, March 29, 1876, 2.
32.Colonel John Gibbon to John S. Wood, November 1, 1875, folder 25, box
1, Blackfeet Agency, Letters Received, 1873-1909, RG 75, National Archives,
Rocky Mountain Region, Denver, Colorado (hereafter NA, Denver).
33.U.S. Department of the Interior, Annual Report of the Commissioner
of Indian Affairs, 1871, Montana Superintendency, Report of J. A. Viall,
Sept. 15, 1871, 42d Cong., 2d sess., H. Doc. 1, serial 1505, 831-32;U.S.
Department of the Interior, Annual Report of the Commissioner of Indian
Affairs, 1876, Report, August 21, 1876, of Harrison Fuller, Special Agent,
Lemhi Special Agency, 44th Cong., 2d sess., H. Doc. 1, pt. 5, serial 1749,
448.
34.J. T. Van Orsdale to John Wood, October 19, 1875, set 2, Blackfeet
Agency, Letters Received, 1873-1909, RG 75, NA, Denver; Gibbon to Wood,
November 1, 1875.
35.Deer Lodge (Mont. Territory) New North-West, June 16, 1876, 2.
36.Headquarters, Helena, Montana Territory to Commanding Officer, Fort
Logan, March 31, 1880, box 2, Fort Logan, Letters Received, 1870-1880,
pt. 5, RG 393, NA.
37.Peter Whaley permit, June 8, 1875, p. 4, Blackfeet Agency, Letters
Received, 1873-1909, RG 75, NA, Denver. The appended endorsement at Fort
Shaw was dated June 20, 1875.
38.Weekly Missoula (Mont. Territory) Missoulian, September 27,1878, 2.
39.Deer Lodge (Mont. Territory) New North-West, March 3, 1876, 3.
40.Captain J. Parker to Post Adjutant, Fort Logan, April 11, 1879, box
2, Fort Logan, Letters Received, 1870-1880, pt. 5, RG 393, NA.
41.Ibid.
42.First Lieutenant Levi Brunett to Second Lieutenant C. A. Booth, February
16, 1876, Fort Shaw, Letters Sent, 1867-1891, pt. 5, RG 393, NA.
43.Ibid.
44.Helena (Mont. Territory) Daily Herald, October 24, 1873, 3; Missoula
(Mont. Territory) Weekly Missoulian, April, 25, 1879, 3.
45.Missoula (Mont. Territory) Weekly Missoulian, January 13, 1875, 3.
46.Deer Lodge (Mont. Territory) New North-West, November 2, 1877, 4; Prucha,
Great Father, 1:561.
47.Missoula (Mont. Territory) Weekly Missoulian, April 25, 1879, 3.
48.Peter Ronan to Commissioner of Indian Affairs, August 20, 1877, frames
379-381, roll 507, Montana Superintendency, M234, RG 75, NA; Helena (Mont.
Territory) Weekly Herald, July 25, 1878, 2.
49.Bozeman (Mont. Territory) Avant-Courier, June 12, 1879, 3. For Flatheads
as "domesticated Indians who are permitted to go to and fro as they
please being subject to the laws of Montana only," see Missoula (Mont.
Territory) Weekly Missoulian, April 25, 1879, 3; and Captain A. E. Rothermilch,
ed., "Early Days at Fort Missoula," Frontier and Midland, vol.
16, no. 3 (1936), 235.
50."Report of Commanding Officer, Camp Baker, Montana Territory relative
to complaints of ranchmen against roaming Indians," frames 1011-1022,
roll 508, Montana Superintendency, 1877, M234, RG 75, NA.
51.Burlingame, Montana Frontier, 243.
52."Memorial of the Legislative Assembly of that Territory, February
18, 1879," frame 826, roll 514, Montana Superintendency, Letters
Received, 1879, M234, RG 75, NA.
53.Fort Benton (Mont. Territory) River Press, April 27, 1881, reprinted
in Hysham (Mont.) Midland Empire Farmer, August 12, 1935.
54.Deer Lodge (Mont. Territory) New North-West, November 2, 1877, 4; David
D. Smits, "The Frontier Army and the Destruction of the Buffalo,
1865-1883," Western Historical Quarterly, 25 (Autumn 1994), 313-38;
William Dobak, "The Army and the Buffalo: A Demur," Western
Historical Quarterly, 26 (Summer 1995), 197-202; David D. Smits, "More
on the Army and the Buffalo," ibid. See also William Dobak, "Killing
the Canadian Buffalo, 1821-1881," Western Historical Quarterly, 27
(Spring 1996), 33-52.
55.Deer Lodge (Mont. Territory) New North-West, August 16, 1878, 3.
56.Sherry L. Smith, The View from Officer's Row: Army Perceptions of Western
Indians (Tucson, 1990), 182; Michael L. Tate, The Frontier Army in the
Settlement of the West (Norman, 1999), 247; U.S. Department of War, Report
of the General of the Army, Report . . . of Major-General W. S. Hancock
(1869), 65.
57.White Calf to George Bird Grinnell, n.d., folder 108, "Pi nutu
ye istsim okan," George Bird Grinnell Selected Papers, Southwest
Museum, Los Angeles, California.
58."Attitude toward Government," November 1935, folder 7, box
1, series 1, Felix Cohen Papers, MSS S-1325, Beinecke Library, Yale University,
New Haven, Connecticut, quoted in Paul C. Rosier, "The Old System
Is No Success": The Blackfeet Nation's Decision to Adopt the Indian
Reorganization Act of 1934," American Indian Culture and Research
Journal, vol. 23, no. 1 (1999), 32 n. 58.
From Montana
The Magazine of Western History, Volume 54 Number 1(Spring 2004),
26-44; this article is presented courtesy of the Montana
Historical Society. All rights reserved, © 2004.

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