had this option in stopping the sale of liquor to Indians, to make complaint either under the laws of the Territory or under the laws of Congress. My object in this was only to increase the chances of efficient action. Of course, if any competent judicial authority decides that the laws of the Territory are null and void, or cannot be enforced for want of jurisdiction upon an Indian reservation, nobody would resort for such purposes to the Territorial magistrates. It would seem reasonable that wherever the whites go in the Territory of Washington they must carry with them al the laws of the land for their own safety and protection. And this brings us to the main point at issue in this subject. We must either prevent the whites going in any way, except for mere transit, into that country, or we must suffer them to carry on the ordinary commence of the country. The first step is the false step. The Government has an undoubted right under the treaty to prevent their settling on the Nez Perce Reservation. On the 7th of July last I was placed in command of this district, and what was then the state of things? There were 10,000 or 15,000 people, either on that reservation or beyond it, compelled to look to Lewiston for supplies. I am not informed whether any branch of the Government attempted to prevent the whites going on it. The miners commenced going on it two years ago. I know of no call upon the military being made to remove them. I have been notified by C. H. Hale, esq., superintendent of Indian affairs for Washington Territory, that Lewiston and the mining towns have been "excepted from the strict provisions of the treaty by the Indians themselves. " I have not been ifnormed what was the exact date of said arrangement, but think it was made mroe than a year ago. Of course this arangmeent encouraged the whites to continue to enter the country. Lewiston seems an absolute necessity as a depot of supplies to the large mining population. Florence is also on servation. Having admitted the imossibility of keeping the miners in search of gold from that country, it seems but natural and expedient to let all the trade which follows be regulated by the laws. As commerce for al the wants of the peopole int he nature of things will inevitably exist, the remaining practical question is, whether it shall be wholy unregulated, or shall the laws of the Territory be permitted to control and restrain it.
You, as a law officer of the Government, should be ready to construe with tolerance all action of the military having for its purpose to leave the people int he enjoiyment of the laws and of civil government. Unles the necessity is irresisitble, the military should leave the whites to their own self-government. Military rule is always odious. It is for this reason I would not wish to stop the formation of counties where the whites are suffered to go. A more fearful responsibility than an Indian war might follow any other course on the part of the military authorities. As to the Colville country, the donation act was in operation up to the 1st of December, 1855, and whites were nvited under it into that region. By an act of Congress of 17th of July, 1854, and by the act of 29th of May, 1858, all the provisions of this donation act were extended to the country east of the Cascade Mountains (see Brightly's Digest, pp. 574 and 1105). By an order dated the 31st of October, 1858, issued by General Harney, then commanding the Department of Oregon, it was directed:
As it appears that citizens are prevented from locating near some of the military posts in this department, the general commanding directs that hereafter every encouragement will be given them to do so, provided no infringement is made upon either the military or Indian reservation.