The Medicine Lodge Treaty is the overall name for three treaties signed near Medicine Lodge, Kansas, between the Federal government of the United States and southern Plains Indian tribes in October 1867, intended to bring peace to the area by relocating the Native Americans to reservations in Indian Territory and away from European-American settlement. The treaty was negotiated after investigation by the Indian Peace Commission, which in its final report in 1868 concluded that the wars had been preventable. They determined that the United States government and its representatives, including the United States Congress, had contributed to the warfare on the Great Plains by failing to fulfill their legal obligations and to treat the Native Americans with honesty.
The U.S. government and tribal chiefs met at a place traditional for Native American ceremonies, at their request. The first treaty was signed October 21, 1867, with the Kiowa and Comanche tribes."Treaty with the Kiowa and Comanche, 1867" (Medicine Lodge Treaty), 15 Stats. 581, October 21, 1867. The second, with the Kiowa-Apache,"Treaty with the Kiowa, Comanche, and Apache, 1867" (Medicine Lodge Treaty), 15 Stats. 589, October 21, 1867. was signed the same day. The third treaty was signed with the Southern Cheyenne and Arapaho on October 28."Treaty with the Cheyenne and Arapaho, 1867" (Medicine Lodge Treaty), 15 Stats. 593, October 28, 1867.
Under the Medicine Lodge Treaty, the tribes were assigned reservations of diminished size compared to territories defined in an 1865 treaty. The treaty tribes never ratified the treaty by vote of adult men, as it required. In addition, by changing allotment policy under the Dawes Act and authorizing sales under the Agreement with the Cheyenne and Arapaho (1890) and the Agreement with the Comanche, Kiowa and Apache (1892) signed with the Cherokee Commission, the Congress effectively further reduced their reservation territory. The Kiowa chief Lone Wolf filed suit against the government for fraud on behalf of the tribes in Lone Wolf v. Hitchcock. In 1903 the U.S. Supreme Court ruled against the tribes, determining that the Congress had "plenary power" and the political right to make such decisions.Pearson, Ellen Holmes. "Lone Wolf v Hitchcock." Teachinghistory.org. Accessed July 11, 2011. In the aftermath of that case, Congress acted unilaterally on land decisions related to other reservations as well.
Because of the outstanding issues with the treaty and subsequent government actions, in the mid-20th century, the Kiowa, Arapaho and Comanche filed several suits for claims against the U.S. government. Over decades, they won substantial settlements of monetary compensation in the amount of tens of millions of dollars, although it took years for the cases to be resolved.
Indian Peace Commission
On July 20, 1867, Congress established the Indian Peace Commission to negotiate peace with Plains Indian tribes who were warring with the United States. The Peace Commission met in St. Louis, Missouri, on August 6, 1867, where it elected Nathaniel G. Taylor, Commissioner of Indian Affairs, as its president. Commissioners agreed that lasting peace was contingent upon separating Indians regarded as "hostile" from those regarded as friendly, removing all Indian tribes onto reservations away from the routes of U.S. westward expansion, and making provision for their maintenance.
The official report of the Commission to the President of the United States, dated January 7, 1868, describes detailed histories of the causes of the Indian Wars including: numerous social and legal injustices to Indians, repeated violations of numerous treaties, acts of corruption by many of the local agents, and culpability of Congress in failing to fulfill certain legal obligations. The report asserts that the Indian Wars were completely preventable had the United States government and its representatives acted with legal and moral honesty in dealing with the Indians.
Other members of the peace commission were Lieutenant General William T. Sherman, commander of the Military Division of the Missouri; Major General William S. Harney (retired), who had taken part in earlier conflicts with the Cheyenne and Sioux along the Platte River; Brigadier General Alfred H. Terry, commander of the Military Department of Dakota; Senator John B. Henderson of Missouri, Chairman of the Senate Indian Appropriations Committee, who had introduced the bill that created the peace commission; Colonel Samuel F. Tappan, formerly of the First Colorado Volunteer Cavalry and a peace advocate who had led the U.S. Army's investigation of the Sand Creek massacre; and Major General John B. Sanborn, formerly commander of the Upper Arkansas District, who had previously helped to negotiate the Little Arkansas Treaty of 1865.
Gen. Sherman, having made public remarks indicating his disagreement with the peace policy, was called to Washington, D.C., and could not be present at the councils on the southern plains, including the council at Medicine Lodge Creek. Major General Christopher C. Augur, commander of the Military Department of the Platte, replaced him as a temporary appointment.
Medicine Lodge River councils After an abortive meeting with northern Plains Indians in September, the commission gathered at Fort Leavenworth (Kansas) in early October and traveled from there by rail to Fort Harker. There it was joined by an escort of five hundred troops of the 7th U.S. Cavalry Regiment and Battery B of the 4th artillery, armed with two Gatling guns. They were under the command of Maj. Joel H. Elliott, who had been excused from attending the court martial proceedings for Lt. Col. George Armstrong Custer then underway at Fort Leavenworth. The commission was also accompanied by numerous newspaper reporters, who provided detailed coverage of the people and events related to the commission's work.
The commission arrived at Fort Larned (present-day Kansas) on October 11, where some chiefs were already present, including Black Kettle of the Cheyenne, Little Raven of the Arapaho, and Satanta of the Kiowa. At the insistence of the tribes, the meetings were moved from Larned to Medicine Lodge River (near present day Medicine Lodge, Kansas), a traditional Indian ceremonial site. Preliminary discussions beginning on October 15 concluded that the Hancock expedition led earlier in 1867 by Maj. Gen. Winfield Scott Hancock, during which a large Cheyenne and Sioux village at Pawnee Fork had been approached, and when found empty, destroyed - had been ill-conceived. This conclusion, and the commissioners' apology for the village's destruction, served to clear the air. It created a more positive atmosphere for the councils, which began in earnest on October 19.
Treaty terms and signatories The treaties negotiated at Medicine Lodge Creek were similar in their terms, involving surrender of traditional tribal territories in exchange for much smaller reservations in Indian Territory (present day Oklahoma) and allowances of food, clothing, equipment, and weapons and ammunition for hunting.
Treaties with the Kiowa, Comanche, and Plains Apache Under the first of the three Medicine Lodge treaties, the Kiowa and Comanche were compelled to give up more than of traditional tribal territories in exchange for a reservation in the southwest corner of Indian Territory (present-day Oklahoma), most of it lying between the North Fork of the Red River and the North Canadian River. The tribes would also be provided houses, barns, and schools worth $30,000, which the tribes had not requested. By a second treaty, the Plains or Kiowa-Apache were incorporated into the first treaty; this treaty was signed by all the Kiowa and Comanche signatories of the first treaty, along with several Plains Apache chiefs. The treaties with the Kiowa, Comanche, and Plains Apache tribes were concluded on October 21, 1867.
Kiowa chiefs signing
Satank, or Sitting Bear Sa-tan-ta, or White Bear Wa-toh-konk, or Black Eagle Ton-a-en-ko, or Kicking Eagle (Kicking Bird) Fish-e-more, or Stinging Saddle Ma-ye-tin, or Woman's Heart Sa-tim-gear, or Stumbling Bear Sit-par-ga, [Sa-pa-ga] or One Bear Cor-beau, or The Crow Sa-ta-more, or Bear Lying Down
Comanche chiefs signing
Parry-wah-say-men, or Ten Bears Tep-pe-navon, or Painted Lips To-sa-in (To-she-wi), or Silver Brooch Cear-chi-neka, or Standing Feather Ho-we-ar, or Gap in the Woods Tir-ha-yah-gua-hip, or Horse's Back Es-a-nanaca (Es-a-man-a-ca), or Wolf's Name Ah-te-es-ta, or Little Horn Pooh-yah-to-yeh-be, or Iron Mountain Sad-dy-yo, or Dog Fat
Plains Apache chiefs signing
Mah-vip-pah, Wolf's Sleeve Kon-zhon-ta-co, Poor Bear Cho-se-ta, or Bad Back Nah-tan, or Brave Man Ba-zhe-ech, Iron Shirt Til-la-ka, or WhiteHorn
At that conference, the Comanche Chief Parry-wah-say-men (Ten Bears) gave an address that foretold the future of his people:
Treaty with the Cheyenne and Arapaho Under the Little Arkansas Treaty of 1865, the Southern Cheyenne and Arapaho tribes had been assigned as a reservation those portions of Kansas and Indian Territory (present-day Oklahoma) between the Arkansas and Cimarron rivers and lying east of an imaginary line running north from Buffalo Creek on the Cimarron up to the Arkansas. Under the Medicine Lodge Treaty, their assigned territory was cut to less than half of the 1865-treaty territory, reduced to that land south of the Kansas state line, for a total of of land. Additionally, the tribes were to be permitted to continue to hunt north of the Arkansas River for as long as the buffalo remained, as long as they stayed away from white settlements and roads. This concession was made to obtain participation of the Dog Soldiers to the treaty terms.
A separate treaty version for the Northern Cheyenne was created, but they did not sign, as they were allied with Red Cloud and the Oglala Lakota in hostilities against the US. The Cheyenne didn't properly understand the treaty. One cavalry captain said "The Cheyennes have no idea what they are giving up. The treaty amounts to nothing, and we will certainly have another war sooner or later with the Cheyennes, and probably with the other Indians, in consequence of the misunderstandings of the terms." One mixed-race interpreter feared for his mother's people: "This was, in a way, the most important treaty ever signed by the Cheyennes." he later wrote. "and it marked the beginning of the end of the Cheyenne as a free and independent warrior and hunter."
Southern Cheyenne chiefs signing
O-to-ah-nac-co, Bull Bear Moke-tav-a-to, Black Kettle Nac-co-hah-ket, Little Bear Mo-a-vo-va-ast, Spotted Elk Is-se-von-ne-ve, Buffalo Chief Vip-po-nah, Slim Face Wo-pah-ah, Gray Head O-ni-hah-ket, Little Rock Ma-mo-ki, or Curly Hair O-to-ah-has-tis, Tall Bull Wo-po-ham, or White Horse Hah-ket-home-mah, Little Robe Min-nin-ne-wah, Whirlwind Mo-yan-histe-histow, Heap of Birds
Arapaho chiefs signing
Little Raven Yellow Bear Storm White Rabbit Spotted Wolf Little Big Mouth Young Colt Tall Bear
Unratified