The 1861 Treaty with the Arapaho and Cheyenne, a pivotal yet controversial agreement, was formally concluded on February 18, 1861, at Fort Wise, located within the Kansas Territory. This treaty represented a significant shift in the relationship between the United States government and the confederated tribes of the Arapaho and Cheyenne, who inhabited the Upper Arkansas River region. The document, born out of negotiations between U.S. commissioners and tribal representatives, outlined the cession of vast lands and the establishment of a reservation, aiming to foster agricultural pursuits and assimilation among the Indigenous populations. This article delves into the specifics of the treaty, examining its articles, the motivations behind it, and its lasting impact.
The Parties Involved
The treaty negotiations were conducted by Albert G. Boone and F. B. Culver, acting as commissioners representing the United States government. On the Indigenous side, the Arapaho were represented by key chiefs and delegates, including Little Raven, Storm, Shave-Head, and Big-Mouth. The Cheyenne delegation comprised prominent figures such as Black Kettle, White Antelope, Lean Bear, Little Wolf, and Left Hand (also known as Namos). These leaders were duly authorized by their respective tribes to engage in these negotiations, making decisions that would profoundly affect the future of their people.
Key Provisions of the Treaty
The 1861 Treaty with the Arapaho and Cheyenne consisted of twelve articles, each addressing specific aspects of the agreement. These articles covered land cession, reservation boundaries, individual land allotments, government support, and the overall framework for the relationship between the United States and the tribes.
Article 1: Land Cession and Reservation Establishment
The cornerstone of the treaty was the cession of a significant portion of the lands owned, possessed, or claimed by the Arapaho and Cheyenne to the United States. In return, a designated tract of land was reserved for the exclusive use of the tribes. This reservation was defined by specific geographical boundaries:
- Beginning at the mouth of the Sandy Fork of the Arkansas River.
- Extending westward along the Arkansas River to the mouth of the Purgatory River.
- Following the west bank of the Purgatory River to the northern boundary of the Territory of New Mexico.
- Proceeding west along the New Mexico boundary to a point intersected by a line drawn south from a point on the Arkansas River, five miles east of the mouth of the Huerfano River.
- Continuing due north from that point on the New Mexico boundary back to the starting point at the mouth of the Sandy Fork.
This vast area, though smaller than the tribes’ original territory, was intended to provide a secure and permanent homeland. The treaty explicitly stated the desire to promote settled agricultural practices among the Arapaho and Cheyenne by abolishing communal land tenure and assigning individual plots to tribal members. The reservation was to be divided into two sections, with the Cheyenne occupying the western portion and the Arapaho the eastern portion, separated by a line running due north from a point fifteen miles west of the Purgatory River on the New Mexico border to the Sandy Fork of the Arkansas River.
Article 2: Individual Land Allotments and Common Lands
Within the designated reservation, each member of the Arapaho and Cheyenne tribes, regardless of age or sex, was to be assigned a tract of forty acres. These allotments were to include, wherever possible, access to timber and water resources, essential for agricultural and domestic purposes. Additionally, 160 acres were set aside for the use and occupancy of the government agent responsible for overseeing the tribes, and another 160 acres were reserved within each tribal division for the establishment and support of schools for the education of tribal youth.
The treaty also addressed the issue of unassigned lands within the reservation. These intermediate parcels of land and water, not included in the individual allotments, were to be owned in common by the tribe occupying that portion of the reservation. However, the treaty stipulated that in the event of tribal growth or other circumstances necessitating redistribution, the Secretary of the Interior could reassign these common lands. The entire area, including both assigned and unassigned lands, was officially designated as the "Reservation of the Arapahoes and Cheyennes of the Upper Arkansas," subject to all U.S. laws regulating trade and intercourse with Indian tribes. Non-Native American individuals, except those employed by the United States, were prohibited from residing or entering the reservation without explicit written permission from the superintendent of the central superintendency or the tribal agent.
Article 3: Land Management and Inheritance
This article outlined the process for dividing and assigning land to individual tribal members, placing the responsibility under the direction of the Secretary of the Interior, whose decisions were deemed final and conclusive. The Commissioner of Indian Affairs was tasked with issuing certificates for the assigned tracts, specifying the names of the individuals to whom the land was allocated and guaranteeing its exclusive use and benefit for them and their heirs. To protect the land from alienation, the treaty restricted its sale, lease, or disposal to the United States or members of the Arapaho and Cheyenne tribes, subject to regulations prescribed by the Secretary of the Interior. Furthermore, the assigned lands were to be exempt from taxation, levy, sale, or forfeiture until Congress legislated otherwise. The Secretary of the Interior was also granted the authority to establish rules and regulations regarding the disposition of land in the event of the death of an assignee, ensuring its continued security for their families. In cases of abandonment, the Secretary could take appropriate action to redistribute the land as deemed necessary.
Article 4: Government Support and Annuities
In exchange for the land cession and agreements outlined in the treaty, the United States committed to providing substantial support to the Arapaho and Cheyenne tribes. This support was intended to facilitate their transition to settled agricultural life by constructing houses, providing agricultural implements and livestock, and offering other forms of assistance.
The United States pledged to protect the tribes in the peaceful possession of their reserved land, as well as their persons and property, contingent upon their good behavior. The treaty also stipulated the payment of $30,000 per year for fifteen years, divided equally between the two tribes, commencing in the year they settled on the reservation. This amounted to a total of $450,000 in annuities over the fifteen-year period. The Secretary of the Interior was granted discretionary power to determine how these funds would be spent, prioritizing the best interests of the tribes. This included provisions for the support and welfare of the elderly, infirm, and orphaned members of the tribes. The treaty also included a clause allowing the President of the United States to discontinue the annuities if the tribes failed to demonstrate reasonable efforts to improve their condition, in which case alternative provisions would be made as deemed appropriate by the President and Congress.
Article 5: Infrastructure and Resources
To further aid the tribes in their transition to an agricultural lifestyle, the United States agreed to provide a mill suitable for sawing timber and grinding grain, along with one or more mechanic shops equipped with necessary tools. Dwelling-houses were also to be constructed for an interpreter, miller, engineer (if needed), farmers, and mechanics employed for the benefit of the tribes. The United States committed to spending no more than $5,000 per year for five years on these infrastructure projects. The treaty explicitly stated that all goods, provisions, livestock, implements, lumber, machinery, and other items referred to in the treaty would be transported to the respective tribes at the cost and expense of the United States.
Remaining Articles
The remaining articles of the 1861 Treaty with the Arapaho and Cheyenne addressed various aspects of the agreement. Article 6 focused on reuniting separated members of the tribes, offering assistance to those who rejoined within one year of the treaty’s ratification. Article 7 allowed for further aid to be drawn from existing tribal funds under previous treaties, and granted the President, with Congressional approval, the power to modify or change prior treaty provisions. Article 8 stipulated that the United States would cover all expenses related to the treaty’s creation and implementation. Article 9 granted right-of-way for roads and highways through the reservation. Article 10 ensured the continuation of existing annuity payments until previous treaty obligations were fulfilled. Article 11 was stricken out, and Article 12 stated that the treaty would become binding upon ratification by the President and the Senate.
Signatories and Witnesses
The 1861 Treaty with the Arapaho and Cheyenne was signed by the U.S. commissioners, Albert G. Boone and F. B. Culver, as well as the chiefs and delegates representing the Arapaho and Cheyenne tribes. The Arapaho signatories included Little Raven, Storm, Shave-Head, and Big Mouth, while the Cheyenne signatories included Black Kettle, White Antelope, Lean Bear, Little Wolf, Tall Bear, and Left Hand (Namos). John S. Smith and Robert Bent served as United States interpreters. The signatures were witnessed by prominent military figures, including John Sedgwick, R. Ransom Jr., and J.E.B. Stuart, as well as John White, a clerk to the Indian signatures.
A postscript to the treaty included a request from the chiefs and councilors for the government to grant 640 acres of land to Robert Bent, a half-breed member of the tribe, covering the Sulphur Spring valley, and another 640 acres to Jack Smith, the son of John S. Smith, including the valley and point of rock near Bent’s Old Fort.
The Legacy of the Treaty
The 1861 Treaty with the Arapaho and Cheyenne, while intended to promote peace and assimilation, ultimately proved to be a source of conflict and disillusionment. The treaty’s provisions were not fully honored by the United States government, and the assigned reservation was significantly smaller than the tribes’ original territory, leading to resource scarcity and economic hardship. The treaty’s failure to adequately address the needs and concerns of the Arapaho and Cheyenne contributed to rising tensions and ultimately played a role in the outbreak of the Colorado War in 1864, marked by tragic events such as the Sand Creek Massacre. The treaty remains a complex and controversial chapter in the history of U.S.-Indigenous relations, serving as a reminder of the challenges and injustices faced by Native American tribes during the westward expansion of the United States.
