The 1865 Treaty With The Cheyenne And Arapaho, a pivotal moment in the complex relationship between the United States government and the Plains Indians, was signed on October 14, 1865, at a camp located on the Little Arkansas River in the state of Kansas. This agreement, born out of a tumultuous period of conflict and shifting policies, underwent a period of scrutiny before being officially ratified by the U.S. Senate on May 22, 1866. It was subsequently proclaimed on February 2, 1867, marking its formal implementation. The treaty aimed to establish peace, define territorial boundaries, and address past grievances, most notably the Sand Creek Massacre. This document represents a crucial chapter in understanding the historical context of westward expansion and its impact on Native American tribes. The 1865 Treaty With The Cheyenne And Arapaho is a testament to the negotiation, however flawed, between two very different worlds.
The signatories of this treaty were distinguished figures representing both the United States and the confederated tribes of the Cheyenne and Arapaho Indians of the Upper Arkansas River. Representing the U.S. government were a commission of seven individuals: John B. Sanborn, a lawyer and politician who served as a brigadier general during the Civil War; William S. Harney, a career military officer with extensive experience in the West; Thomas Murphy, a superintendent of Indian affairs; Kit Carson, the legendary frontiersman, scout, and soldier; William W. Bent, a prominent trader and interpreter deeply familiar with the Cheyenne and Arapaho; Jesse H. Leavenworth, an Indian agent; and James Steele.
On the Native American side, the treaty was signed by several chiefs and headmen representing the Cheyenne and Arapaho nations. These included Moke-ta-ve-to, also known as Black Kettle, a prominent Cheyenne chief known for his advocacy of peace; Oh-tah-ha-ne-so-weel, or Seven Bulls; Alik-ke-home-ma, or Little Robe; and Moke-tah-vo-ve-hoe, or Black White Man, all chiefs of their respective bands. Several headmen also signed the document, including Mun-a-men-ek, or Eagle’s Head, and O-to-ah-nis-to, or Bull that Hears. Representing the Arapaho were Oh-has-tee, or Little Raven, a highly influential chief; Oh-hah-mah-hah, or Storm; Pah-uf-pah-top, or Big Mouth; Ah-cra-kah-tau-nah, or Spotted Wolf; and headmen Ah-nah-wat-tan, or Black Man; Nah-a-nah-cha, or Chief in Everything; and Chi-e-nuk, or Haversack. These leaders were authorized by their respective tribes to negotiate and enter into agreements with the United States government.
The 1865 Treaty With The Cheyenne And Arapaho was structured into nine distinct articles, each addressing specific aspects of the relationship between the United States and the Cheyenne and Arapaho tribes.
Article 1 focused on the establishment of perpetual peace. It stipulated that both the U.S. government and the signatory Indian tribes would maintain peace with each other and with all other Indian tribes friendly with the United States. To ensure the enforcement of this peace, the article outlined a process for addressing grievances. In the event of hostile acts or depredations, the aggrieved party was required to submit their complaints through their agent to the President of the United States, who would then oversee an impartial arbitration. The resulting award would be binding on all parties, and the U.S. government pledged to enforce it in good faith. Conversely, the Indian tribes agreed to deliver any members of their tribes who committed crimes or violated the law to the appropriate U.S. authorities for punishment.
Article 2 defined a specific district of country to be set apart for the absolute and undisturbed use and occupation of the Cheyenne and Arapaho tribes, as well as any other friendly tribes they might agree to admit. The described territory commenced at the mouth of the Red Creek, also known as the Red Fork of the Arkansas River, and extended up the creek to its source. From there, it stretched westward to a point on the Cimarron River opposite the mouth of Buffalo Creek, then due north to the Arkansas River, and finally down the Arkansas River back to the starting point. The article explicitly prohibited white persons, with the exception of government officers, agents, and employees, from entering or settling within this territory unless formally admitted and incorporated into one of the resident tribes according to their laws and usages.
However, the article included a provision stating that the Cheyenne and Arapaho tribes would not be required to settle on the reservation until the United States had extinguished all claims of title to the land by other Indian tribes, ensuring that the signatory tribes could live in peace with their neighbors. Furthermore, the article stipulated that the President of the United States would, as soon as practicable, designate a reservation for the tribes, ensuring that no part of it would be within the State of Kansas. This reservation would not encroach upon any reserve belonging to other Indian tribes without their consent.
The Cheyenne and Arapaho tribes, on their part, expressly agreed to remove to and accept the designated territory as their permanent home whenever directed to do so by the President of the United States, in accordance with the provisions of the treaty. They also agreed not to leave the designated country for hunting or other purposes without the written consent of their agent or other authorized person. This written consent was required to specify the purpose for which the leave was granted and had to be carried by the individuals as evidence of their rightful departure from the reservation.
Furthermore, the tribes agreed to refrain from committing any depredations or injuries to the person or property of anyone friendly with the U.S. government while absent from their reservation. They also agreed not to encamp within ten miles of any main traveled routes, military posts, towns, or villages without the consent of the commanders of such military posts or the civil authorities of such towns or villages. The article also included a relinquishment of all claims or rights to any portion of the United States or its territories, except for the land within the defined reservation. This included a specific relinquishment of claims to the country bounded by the junction of the north and south forks of the Platte River, up the north fork to the Rocky Mountains, southward along the summit to the headwaters of the Arkansas River, down the Arkansas River to the Cimarron crossing, and back to the starting point.
Article 3 stipulated that until the Cheyenne and Arapaho tribes moved to the reservation provided for in Article 2, they would be permitted to reside and range throughout the unsettled portions of the country they claimed as originally theirs, which lay between the Arkansas and Platte Rivers. However, they were still subject to the restrictions outlined in Article 2 regarding leaving the reservation. The provisions of Article 2 regarding encamping within ten miles of main traveled routes, military posts, towns, and villages remained in full force. The tribes were also obligated to report the presence of any hostile bands of Indians in or approaching the country to the commander of the nearest military post.
Article 4 granted the United States the right to lay off and build roads or highways through the reservation and to establish military posts within the reservation as deemed necessary for preserving peace among the Indians and enforcing laws and regulations for the protection of persons and property. In time of war, additional military posts could be established. However, the article stipulated that any injury sustained by the Indians due to the construction of roads or the establishment of military posts would be ascertained under the direction of the President of the United States, and the Indians would receive just compensation as determined by Congress.
Article 5 addressed the special request of the Cheyenne and Arapaho tribes for the United States to grant land in fee-simple to specific individuals related to the tribes by blood. These individuals included Mrs. Margaret Wilmarth and her children, Mrs. Mary Keith and her children, Mrs. Matilda Pepperdin and her child, Robert and John Poisal, Edmund, Rosa, and Julia Guerrier, Mary Bent Moore and her children, George, Charles, and Julia Bent, A-ma-che and her children, the children of Ote-se-ot-see, the children of John S. Smith, Jenny Lind Crocker, and Winsor. Each individual was to receive one section of land, equivalent to 640 acres, selected under the direction of the Secretary of the Interior from the reservation established by the Treaty of February 18, 1861. These locations could not be made on lands previously granted by the United States to any person, state, or corporation.
Article 6 represented an attempt by the United States to address the Sand Creek Massacre, a horrific event in which U.S. troops attacked and killed Cheyenne and Arapaho Indians, including women and children, who were at peace with the United States. The article expressed the U.S. government’s condemnation of the massacre and its desire to make some suitable reparation for the injuries inflicted. As a form of compensation, the article stipulated that 320 acres of land would be granted by patent to each of the following chiefs: Moke-ta-ve-to, or Black Kettle; Oh-tah-ha-ne-so-weel, or Seven Bulls; Alik-ke-home-ma, or Little Robe; and Moke-tah-vo-ve-hoe, or Black White Man. In addition, 160 acres of land would be granted to each person made a widow or who lost a parent in the massacre.
These grants were conditioned on the fact that all devises, grants, alienations, leases, and contracts relative to the lands made within 50 years of the patents would be unlawful and void. The lands were to be selected under the direction of the Secretary of the Interior within the limits of the reservation, and they were to be free from assessment and taxation as long as they remained inalienable. Furthermore, the United States agreed to pay the individuals named in the schedule annexed to the treaty, who were present and members of the bands that suffered at Sand Creek, sums of money as compensation for property destroyed or taken by U.S. troops.
Article 7 committed the United States to expend funds annually for a period of 40 years for the benefit of the Cheyenne and Arapaho tribes, as well as any other tribes that might unite with them. The expenditure was to be made in a manner and for purposes determined by the Secretary of the Interior to best serve the wants and interests of the tribes. Until the tribes were removed to their reservation, the amount to be expended was to be equal to $20 per capita for each person entitled to participate. After the removal to the reservation, the amount was to increase to $40 per capita. A portion of the expenditure could be distributed as annuities, with one-third delivered in the spring and two-thirds in the autumn of each year. The article also stipulated that an accurate census of the tribes would be taken each spring to determine the aggregate amount to be expended.
Article 8 contained a covenant by the Cheyenne and Arapaho tribes to use their utmost endeavor to induce those portions of their tribes not present to unite with them and accede to the provisions of the treaty. This union and accession would be binding on all parties once the absent members participated in the beneficial provisions of the treaty.
Article 9 simply stated that upon the ratification of the treaty, all former treaties would be abrogated.
In conclusion, the 1865 Treaty With The Cheyenne And Arapaho was a complex agreement that sought to establish peace, define territorial boundaries, and address past grievances between the United States and the Cheyenne and Arapaho tribes. While the treaty contained provisions aimed at providing compensation for the Sand Creek Massacre and promoting the well-being of the tribes, it also imposed significant restrictions on their freedom of movement and land use. The treaty is a testament to the shifting policies of the U.S. government toward Native American tribes during the westward expansion era and the challenges faced by the Cheyenne and Arapaho in maintaining their sovereignty and way of life.