against a white man, it shall be reported to the chiefs, and they shall punish it. If a white man do the same to an Indian, it shall be reported to Dr. White, and he shall punish or redress it.
Article 11. If an Indian break these laws, he shall be punished by his chiefs; if a white man break them, he shall be reported to the agent, and punished at his instance.
To these laws the Nez Percés gave their assent with apparent willingness, even advocating making some of the penalties more severe, and adding the dog law. The chiefs were astute enough to see how much power it placed in their hands, although each law had been framed for the protection of the white race. But to find a man among them willing to assume the responsibility, together with the power, was not so easy as might have been expected.
The election was to be unanimous, and to be closed by the next day at ten o clock, after which, if all should be amicably settled, a fat ox was to be slaughtered, and they were to dine with the white chiefs. As a feast will settle knotty questions in most quarters of the globe, so this one in anticipation put the Nez Percés in high good humor, and after referring many times to McKay and Rogers for advice, very sparingly given, they made choice of Ellis, of Kamiah, who was possessed of much influence among the whole Nez Percé nation. This was the same Ellis who started with Gray for the states, and whom Mr. Spalding would have had whipped for deserting him. He was now thirty-two years of age, and having been sent to school at Red river, spoke and wrote English passably well, being also the owner of a plantation, some sheep and neat stock, and eleven hundred head of horses.
The election being announced the multitude partook of fat beef, corn, and pease to repletion, smoking afterwards the friendly pipe until evening, when a special meeting of the head men was called to consider the grievances of which Mr. Spalding or the Indians had to complain. Ellis throughout conducted himself in a sensible manner, and
