In this dissension he was in time joined by White Bird, Looking Glass, To-hul-hul-sote and other sub-chiefs, and several hundred warriors. These became known henceforth as the "Non-treaty Nez Percés." Joseph and his band had never really occupied the valley permanently, and had never before made any special claim to it as against any other portion of the tribe. He had frequently gone into it during the summer to fish and hunt, in common with various other bands of the tribe, but had never staid more than a few weeks at a time, and had made his home during the greater portion of each year in the Imnaha Valley near the Snake River.
In 1871, a few whites settled in the Wallowa Valley. Joseph protested, became obstreperous, ordered them away, and threatened violence if they remained, but so far did nothing more than threaten. Other whites came in the following years and the complications increased. Complaints were made to the Government that the Indians were annoying and threatening the settlers, and in 1875 President Grant issued an executive order, proclaiming that the Wallowa Valley was a part of the public domain and open to settlement by white people.
In May, 1877, Joseph and his band became more arrogant than ever, and again threatened immediate and violent measures against the settlers if they did not at once withdraw from his country. Some acts of violence were committed, and at the request of the settlers a company of United States cavalry was sent to the scene of the disturbance. The Indians were temporarily quieted, but the feeling of discontent and hatred against the whites was growing.
General Howard, then commanding the Department of the Columbia, repaired to the scene of the disturbance, and, with J. B. Monteith, agent of the Nez Percés, held several councils with the malcontents, and argued patiently and persistently to convince them that the treaty, whereby the Wallowa Valley had been ceded to the Government, was duly signed and ratified by the properly constituted chiefs of the tribe; that it was valid, and that every member of the tribe was bound by it; that the white men were only exercising their legal rights in settling on the land; and the Indians were assured that the whites would be protected in these rights by the white soldiers if necessary.