the men up, rifles in hand, Sheridan again asked them if they were guilty, and upon being told they were not, inserted his finger in the muzzles of the guns, removing freshly burned powder. Thirteen were arrested, tried by military commission and next day hanged.

An incident of the battle of the Cascades shows that cruelty in warfare was not always confined to the savage race. Chief Spencer, a friendly Indian who had been acting as guide for Colonel Wright, was returning with his family from The Dalles. Following the battle, Joe Meek asked Sheridan if he had seen anything of the Spencer family and suggested a search be made. Sheridan afterward wrote: "In my experience, I have been obliged to look upon many cruel scenes in connection with Indian warfare on the plains since that day, but the effect of this dastardly and revolting crime has never been effaced from my memory." The bodies of the mother, two boys, three girls and a baby were found beside a path over which they had been traveling. All had been strangled, the girls having been ravished by their white murderers.

The battle of the Cascades resulted in the death of James Sinclair, B. W. and Mrs. B. W. Brown, George Griswold, James Watkins, Henry Hagler, Jacob Kyle, Jacob White, Richard Turpin, Norman Palmer, Calderwood,

Bourbon, George Watkins, Jacob Rousch and three regular army soldiers. Wright at once began the erection of strong blockhouses and continued his campaign against the hostiles east of the mountains.

Under the command of Col. B. F. Shaw, volunteer troops, later in June, crossed through Nachess Pass, passed through the Yakima country to Walla Walla and July 11th met their Nez Perce allies. From the Nez Perces Shaw learned that a band of hostiles had established camp in the Grand Ronde Valley in Eastern Oregon. Guided by Captain John, the Nez Perce chief, Shaw moved rapidly forward and under cover of darkness on the night of July 16th, took up a position commanding the Indian camp in the valley below. Morning showed the Indians defiant. Captain John went forward under a flag of truce, for a parley with the hostiles who at once set up a cry to shoot the flag bearer. Instantly realizing the danger confronting Captain John, Shaw threw his hat on the ground, called to his volunteers and Nez Perce allies to follow, and with his long red hair waving in the wind, led the charge to the rescue. Such an avalanche of avenging fury was not to be withstood by the hostiles, who, breaking into numerous bands, fled toward the hills, fifteen miles across the valley. For the entire distance the pursuers hung on their flanks. Forty were killed. One hundred pounds of ammunition, 200 horses and mules, many of which bore the Government brand, and all the Indians' camp equipment and provisions were captured. Shaw lost three killed and four wounded. This signal victory served to put an end to the dissatisfaction felt by Looking Glass, Red Wolf, Joseph (not he of later fame), and Eagle-from-the-Light, all of whom now became as steadfast in their friendship for the whites as were Captain John and Lawyer. Shaw returned to the Sound. Wright, having by this time decided nothing but severe punishment would teach the Indians their first lesson of submission to white man's authority, began a campaign which after several months' fighting. resulted in peace.

CHAPTER XVI

DEEP HATREDS PRODUCED BY INDIAN WAR-PROSCH'S EPITOME OF THE CASE-THE RESORT TO MARTIAL LAW-CLASHES IN COURT NARROWLY AVERTED GOVERNOR

ARRESTED AND FINED $50 WHICH HE SOON REMITTED RECORDS SAID TO HAVE BEEN TAMPERED WITH-GENERAL WOOL'S CRUEL AND BASELESS CHARGES--GOVERNMENT'S DELAY IN REPAYING SETTLERS A GREAT BURDEN UPON THEM.

The Indian war in Washington was especially prolific of hatreds, not between the races at war, but between factions among the whites. Thomas W. Prosch, a pioneer who came to Washington a short time after the close of the war and who became acquainted with many of those who played the leading roles through that period of excitement, arson and murder, thus closes a brief history of its

events.

"The Indian wars of Washington Territory were now ended. The two races had clashed and one been overcome by the other. The Indians were subdued. Chief Ka-mi-a-kin was driven into life exile in British Columbia; Chief Ow-hi shot while trying to escape from the troops; Chief Qual-chen hanged. The Indians had paid for the killing of the gold-miners and Agent Bolon. They had learned the lesson, learned by other Indians before them 1,000 and 2,000 miles to the east. No matter what their thoughts and feelings subsequently were, they were determined in Washington Territory to fight the white men no more. It was better so for them and for us.

"It is not always agreeable to say good things of the Indians, and not always grateful to say bad things of the whites, in contrasting them, but the most atrocious, fiendish and barbarous acts of the struggle herein briefly treated were those of our own people—the cruel, cold-blooded killing of the wife and six children of Chief Spencer, the killing and mutilation of Chief Peu-peu-mox-mox, and other deeds of similar character that we all know of but shrink from mentioning."

Prosch perhaps realized that he was too close to those "deeds" which "all shrink from mentioning" to pass judgment thereon. In the sixty years that have elapsed since the war death has removed nearly all those who took a prominent part in it. Hatred died with the actors of the period. Time had clarified the atmosphere and restored normal perspective by softening prejudice and weakening partisanship. Many opposing forces and interests entered into the conflict. Preceding chapters show some of these to have been civilization vs. barbarism; white race vs. red race; regular army vs. volunteers. Added to these were American settlers vs. the Hudson's Bay and Puget Sound Agricultural companies; Protestantism vs. Catholicism; civil vs. military law; private greed vs.

public weal and the question ever present in American communities-politicswith democracy arrayed against "whiggery."

The political fight began when Editor Wiley changed the name of his paper from The Columbian to The Pioneer and Democrat. The conflict between civil and military law began March 9, 1856, when Governor Stevens sent acting secretary of the territory, Isaac W. Smith, to Muck Creek with instructions to order L. A. Smith, John McLeod, Charles Wren, Henry Smith, John McPhail, or McFeel, and other settlers to leave their claims and take up their residences in Olympia, Fort Nisqually or Steilacoom. These men, ex-Hudson's Bay employees married to Indian women, were suspected of giving aid to the hostile Indians. Teams belonging to the men had been impressed into the service of the volunteer forces-McLeod at the time being absent with his team in that service.

The order came at spring seeding time. The men were farmers; some of them had grain and potatoes stored and they had other property which they left exposed to weather or thieves. Smith reported these facts to the governor who insisted that the men be held in one of the towns. They wrote asking permission to protect their property. The letters were not answered. Wren, L. A. Smith and McLeod, regardless of the governor's orders, visited their homes. This brought an order for their arrest and confinement at Fort Steilacoom. Wren, Smith and McLeod retained Frank Clark and W. H. Wallace, Steilacoom attorneys, who, April 2d, began habeas corpus proceedings. Hearing of this the governor, April 3d, proclaimed Pierce County under martial law.

When the time for holding the regular May term of the United States District Court arrived, Judge F. A. Chenoweth, confined to his home by illness, requested Chief Justice Edward Lander to act in his stead. Judge Lander left his volunteer company in Seattle, went to Steilacoom, and May 3d prepared to open the court. Governor Stevens sent Col. B. F. Shaw and a company of volunteer troops with instructions to enforce martial law. Judge Lander, however, opened court, but adjourned without transacting any business. Seeing trouble brewing, he sent deputy sheriffs to summon every male citizen sixteen years or more of age in the county to attend court on May 7. Governor Stevens' reply was instructions to Shaw that "martial law must be enforced."

Citizens and volunteer soldiers, in this new excitement, forgot the Indian war. Wednesday, May 7th, dawned with thirty armed citizens on the side of the judiciary, opposed to Colonel Shaw and his force of about twenty soldiers. The citizens decided to uphold Judge Lander and if they had to fire upon their neighbors among the soldiers, to take the leader first. They were armed with revolvers, the soldiers with muskets. Shaw marched his men into the room. The judge, realizing that resistance to Governor Stevens' orders would precipitate a fight, submitted to arrest and was removed to Olympia.

Olympia was in Judge Landers' own district and the regular term of court was due to open May 14th. May 13th, the governor declared martial law in Thurston County and ordered Capt. Bluford Miller and a company of volunteers to Olympia. Disregarding the governor's proclamation Judge Lander opened his court, ordered the arrest of the governor for contempt and sent United States Marshal George W. Corliss to bring the governor before him. The marshal went to the governor's office, lost his grit and returned with news of the arrival of

Miller and his men. Court was adjourned and Judge Lander sought refuge in the law office of Elwood Evans. Miller kicked in the door, arrested the judge and carried him off to Camp Montgomery.

With the authorities of the civil courts under arrest, the governor now turned his attention to punishing Smith, McLeod and Wren. At Camp Montgomery on May 20th a court martial was convened with Victor Monroe, judge advocate, and Quincy A. Brooks, recorder. Clark and Wallace, defendants' attorneys, filed a protest in which they alleged that the volunteer forces were not organized according to either territorial or federal law, and therefore were without legal authority to try the case; also that the offenses, with which the men were charged -"giving aid and comfort to the Indians with whom the United States are at war"-was one of treason and therefore a civil case. The court adjourned, and upon reconvening announced it found the charge preferred against Smith "constitutes the crime of treason, and that this court has no jurisdiction" in such cases. Being in doubt as to its next step, the court appealed to the governor for instructions.

About this time Judge Chenoweth, having recovered from his illness, appeared in Steilacoom, instructed the sheriff to increase the number of his deputies. and made other preparations for holding court. On the twenty-fourth the judge addressed a note to Lieutenant-Colonel Casey in which he stated his belief that "there must be a collision between the citizens and the volunteers, both of which are now assembled at Steilacoom, and a scene of bloodshed will be inevitable. I therefore respectfully ask you to furnish a sufficient number of United States troops to preserve the peace and prevent bloodshed." Casey, in his reply, said "it appears to me that nothing can justify an executive in suspending the writ of habeas corpus but an overruling necessity, and in my opinion that necessity did not exist in this case."

Judge Chenoweth continued his arrangements for opening court. With orders to arrest the judge should he hold court, Lieut. Silas B. Curtis, of the volunteers, on the morning of the twenty-fourth, marched into Steilacoom. At the courthouse he found about fifty armed and determined citizens prepared to defend the judge, who, it was announced would convene his court at 1 o'clock that afternoon. Curtis, before entering the volunteer service, had been a Clark County school teacher, an educated, law abiding citizen, and did not relish the prospect of trouble presented by that group of citizens. A messenger immediately was sent to Governor Stevens, Curtis saying in his letter that he would "make no forcible attempt to arrest the judge until I receive further orders from Captain Maxon or some higher authority. I will try to prevent a collision till I hear from you." The governor, this same day, issued a proclamation abrogating martial law.

Judge Chenoweth arrived and opened court at 1 o'clock. Colonel Casey came over from Fort Steilacoom, talked with Curtis and the latter withdrew his men and returned to camp. In a letter to Gov. Fayette McMullen, dated March 6, 1858, Judge Chenoweth says: "The business transacted that day (May 24, 1856) was the hearing of a cause in Admiralty, Dun and others vs. the Steamer Water Lily, and the granting attachments in the matter of the habeas for the body of Edward Lander, chief justice, and others. The opinion given in that case you have seen. On the following day the attachment was returned by bringing Col.

Benjamin F. Shaw before me, and as he refused to make the return according to law, I committed him to prison and ordered the marshal to keep him in close confinement without bail until he made the return. As martial law had now been abrogated, and as Governor Stevens seeing I was determined to enforce the law, he addressed me a respectful note asking me to dispose of the matter by a fine or accept bail in Colonel Shaw's case and allow him to return to his command. This letter was so different from the haughty and dictatorial language that had been held up to that time that I determined to do what I could to comply with the request." Shaw agreed to turn his prisoners over to the court and himself to appear at the next term for such orders as the judge might give him, and was discharged.

In a little pamphlet entitled "A Statement of the Facts Pertaining to the Proclamation of Martial Law," etc., published in "Steilacoom, June 24, 1856," and evidently issued with the aim of vindicating the governor, is given the transcript of a case in which Charles Wren, Lyon A. Smith and John McLeod were tried upon the charge of "Giving aid and comfort to the Indians with whom the United States are at war." From this pamphlet it seems that W. W. Delacy appeared before Judge Chenoweth May 29th and swore to the complaint which was filed in the court of J. M. Bachelder, United States commissioner. The trial began May 31st, lasted until June 5th and resulted in a dismissal. Many witnesses were examined; one of the most important pieces of testimony being that Leschi, in February, had visited some of the accused men and had tried to induce them to arrange a "peace talk" with the authorities. The prosecution failed to show that any of the accused had given aid or comfort to the hostiles. The little pamphlet, now very rare, was published anonymously.

as

May 28th, the court martial held its last session, reversed its prece ling decisoin by declaring it had jurisdiction over the cases of McLeod and Wren and asked the accused men to plead. Both pleaded "Not Guilty" and the judge advocate then read a paper in which the court decided the "further prosecution of the charges against John McLeod and Charles Wren involves the absence of many valuable officers from the command of the troops, and * * martial law has been abrogated in this county, I desire no further proceedings be had before this court against the accused, and that they be turned over to the civil authorities." Ezra Meeker, in his "Pioneer Reminiscences," says the men were not turned over to the civil authorities but were discharged and returned to their homes and that the official records fail to show any further proceedings against them.

Judge Lander, back on his bench, pressed the contempt proceedings against the governor. The United States marshal, with a warrant, was sent to make the arrest. This time the governor did not forcibly resist-he submitted to arrest and was fined $50 and costs. Several weeks passed and the governor, July 10th, filed a unique document with the court, one in which Isaac I. Stevens "by virtue of the authority vested in me as governor, as aforesaid, in order that the President of the United States may be fully advised in the premises and his pleasure known thereon, do hereby respite the said Isaac I. Stevens, defendant, from the execution of said judgment, and all proceedings for enforcement and collection of said fine and costs until the decision of the President of the United States can be made known thereon."