The 1868 Treaty with the Northern Cheyenne and Northern Arapaho, a landmark agreement in the history of the American West, was formally concluded at Fort Laramie, Dakota Territory, on May 10, 1868. This treaty, a product of complex negotiations between representatives of the United States government and the duly authorized chiefs and headmen of the Northern Cheyenne and Northern Arapaho nations, aimed to establish lasting peace and define the relationship between these Indigenous peoples and the expanding United States. This document, steeped in the language and legal frameworks of the 19th century, provides a window into the policies, aspirations, and inherent tensions that characterized the era of westward expansion.
The backdrop to the treaty was one of escalating conflict and displacement. The relentless push of settlers, miners, and the military into traditional Indigenous territories led to increased competition for resources and violent clashes. The United States government, seeking to manage this volatile situation, pursued a policy of treaty-making, often with the goal of confining Indigenous populations to designated reservations and opening up vast tracts of land for American settlement. The 1868 Treaty with the Northern Cheyenne and Northern Arapaho was a key component of this strategy in the Northern Plains.
The treaty begins with a preamble asserting the desire for perpetual peace between the United States and the Northern Cheyenne and Northern Arapaho. It explicitly states the commitment of both parties to uphold this peace. The United States, in a gesture of accountability, pledged to address wrongs committed against the Indigenous people by its citizens or those under its authority. The treaty stipulated that if white individuals harmed the person or property of tribal members, the United States would, upon proof of the offense, apprehend the perpetrators and punish them according to U.S. law, while also compensating the injured party for their losses.
Conversely, the Northern Cheyenne and Northern Arapaho nations committed to delivering up any of their members who committed crimes against white, Black, or other Indigenous people under U.S. jurisdiction. This provision highlighted the attempt to apply U.S. legal standards and processes to Indigenous communities, a practice that often conflicted with traditional Indigenous forms of justice and conflict resolution. Failure to comply with this demand would result in the loss of annuities or other payments owed to the tribes by the United States, demonstrating the power imbalance inherent in the treaty relationship. The article also grants power to the President, in cooperation with the Commissioner of Indian Affairs, to prescribe rules for ascertaining damages. The Commissioner of Indian Affairs would be responsible for examining and passing judgement on these damages. The article also specifies that no person who was violating the treaty or U.S. laws at the time of the loss would be reimbursed.
A central element of the 1868 Treaty with the Northern Cheyenne and Northern Arapaho involved the establishment of a permanent homeland for these tribes. The treaty stipulated that the Northern Cheyenne and Northern Arapaho would accept a portion of either the reservation designated for the Southern Cheyenne and Arapaho at Medicine Lodge Creek (established in 1867) or a portion of the reservation established for the Brulé and other Sioux bands at Fort Laramie in April 1868.
Critically, the Northern Cheyenne and Northern Arapaho relinquished all claims to territory outside these designated reservations, with one significant exception: the right to roam and hunt on open lands where game was sufficient to justify the chase. This hunting right, seemingly preserved in the treaty, would later become a source of contention as increasing settlement and resource exploitation drastically reduced game populations and restricted Indigenous access to traditional hunting grounds.
The treaty further mandated that the Northern Cheyenne and Northern Arapaho would not establish permanent homes outside the specified reservations. Within one year of the treaty’s signing, they were to choose to affiliate themselves with one of three agencies: the agency near Medicine Lodge Creek, the agency on the Missouri River near Fort Randall, or the Crow agency near Otter Creek on the Yellowstone River. The treaty explicitly allowed for different portions of the tribes to affiliate with different agencies, reflecting the diverse and sometimes decentralized nature of Indigenous social and political organization.
Recognizing the changing landscape and the increasing importance of agriculture, the treaty included provisions designed to encourage farming among the Northern Cheyenne and Northern Arapaho. Individual members of the tribes, as heads of families, were given the right to select a tract of land within the reservation, not exceeding 320 acres, for cultivation. This land, once selected, certified, and recorded, would become the exclusive possession of the individual and their family, as long as they continued to cultivate it. Unmarried individuals over the age of eighteen were entitled to select up to 80 acres for the same purpose.
The treaty outlined a process for documenting these land selections, requiring the agent to record the selections in a "Northern Cheyenne and Arapahoe Land Book." The President was also granted the authority to order a survey of the reservation, and Congress was tasked with protecting the rights of settlers in their improvements and determining the nature of the title held by each individual. This provision reflects the U.S. government’s intent to transform Indigenous land tenure systems from communal ownership to individual property rights, a process deeply disruptive to traditional Indigenous ways of life.
Article 4 of the 1868 Treaty with the Northern Cheyenne and Northern Arapaho focuses on education. Acknowledging the importance of education for the "civilization" of the tribes, the treaty stipulated that children between the ages of six and sixteen would be compelled to attend school. For every thirty children attending school, the United States agreed to provide a house and a qualified teacher. This provision, lasting for twenty years, demonstrates the government’s intention to assimilate Indigenous children into American society through education.
To support the transition to agriculture, the treaty provided for the distribution of seeds and agricultural implements. Heads of families who selected land and demonstrated a commitment to farming were entitled to receive $100 worth of seeds and implements in the first year, followed by $25 worth in each of the next three years. The treaty also stipulated that farmers would receive instruction from a designated "farmer," and that a second blacksmith would be provided once more than one hundred individuals engaged in cultivation.
Article 6 replaced previous treaty annuities with specific goods delivered annually for thirty years. These goods included woolen clothing, flannel, calico, and cotton goods for men, women, and children. The agent was responsible for conducting a census to determine the quantities needed. Additionally, $10 per year was allocated for each "roaming" Indian, and $20 per year for each Indian engaged in agriculture, to be used by the Secretary of the Interior for purchasing needed items.
The treaty also included provisions for providing food rations. Each Indian over the age of four who settled permanently on the reservation and complied with the treaty was entitled to receive one pound of meat and one pound of flour per day for four years, provided they could not sustain themselves earlier. Furthermore, each lodge or family that moved to the reservation and commenced farming was to receive one American cow and one well-broken pair of American oxen within sixty days of settling.
The United States further committed to providing a physician, teachers, carpenter, miller, engineer, farmer, and blacksmiths to the reservation, with appropriations made based on the Secretary of the Interior’s estimates.
Finally, the treaty included provisions to protect against unauthorized land cessions. Article 8 stipulated that any treaty for the cession of reservation land held in common would only be valid if signed by at least a majority of all adult male Indians occupying or interested in the land. Individual land selections were also protected, ensuring that no member of the tribe could be deprived of their land without their consent.
The 1868 Treaty with the Northern Cheyenne and Northern Arapaho, while intended to establish peace and provide a framework for the relationship between the United States and these tribes, ultimately proved to be fraught with challenges and shortcomings. The reduction of hunting grounds, the imposition of alien legal and social structures, and the failure of the U.S. government to fully honor its commitments all contributed to growing tensions and renewed conflict. The treaty remains a complex and contested historical document, reflecting the promises made and the promises broken in the history of U.S.-Indigenous relations. The 1868 Treaty with the Northern Cheyenne and Northern Arapaho marked an important moment in the history of the West, it’s legacy is a complicated reminder of the past.
