1852 Apache Treaty

The 1852 Apache Treaty, a significant but ultimately flawed agreement, was forged in Santa Fe, New Mexico, on July 1, 1852. It represented an attempt to establish peace and define the relationship between the United States government and the Apache Nation, a powerful and diverse group of Native American tribes inhabiting a vast territory across the Southwest. This document, formally titled "Articles of a treaty made and entered into at Santa Fe, New Mexico, on the first day of July in the year of our Lord one thousand eight hundred and fifty-two," aimed to resolve conflicts, establish boundaries, and ensure the prosperity of both parties. While initially holding promise, the 1852 Apache Treaty would eventually succumb to the pressures of westward expansion, cultural misunderstandings, and the inherent power imbalance between the signatories.

The Negotiating Parties:

The treaty was the result of negotiations between representatives of the United States government and leaders of the Apache Nation. On the American side, the primary figures were:

• Colonel E.V. Sumner: Commanding the 9th Department of the U.S. Army and holding the executive office of New Mexico, Sumner was a key figure in military and administrative affairs in the region. His position gave him significant authority in negotiating with Native American tribes.
• John Greiner: Serving as the Indian Agent for the Territory of New Mexico and acting superintendent of Indian affairs, Greiner was responsible for managing relations between the U.S. government and the various tribes within the territory. His role involved implementing federal policies and addressing issues related to land, trade, and conflict resolution.

Representing the Apache Nation were several prominent chiefs, each representing different bands or groups within the larger Apache community. These included:

• Cuentas Azules
• Azules
• Blancito
• Negrito
• Capitan Simon
• Captain Vuelta
• Mangus Colorado: One of the most renowned Apache leaders of the 19th century, Mangus Colorado (also known as Red Sleeve) was a prominent chief of the Chihenne Apache. He was known for his imposing stature, strategic acumen, and fierce defense of Apache lands and people. His presence at the treaty negotiations underscored the importance of the agreement to the Apache Nation.

The presence of these individuals highlights the significance that both sides placed on the negotiations, reflecting a mutual desire (at least on the surface) to establish a lasting peace.

Key Provisions of the Treaty:

The 1852 Apache Treaty consisted of eleven articles, each addressing specific aspects of the relationship between the United States and the Apache Nation. These articles outlined the responsibilities, rights, and expectations of both parties.

• Article 1: Acknowledgment of U.S. Jurisdiction: This article was a foundational element of the treaty, with the Apache Nation, through its chiefs, acknowledging that they were "lawfully and exclusively under the laws, jurisdiction, and government of the United States of America." This submission to U.S. authority was a significant concession, effectively placing the Apache Nation within the legal and political framework of the United States.
• Article 2: Cessation of Hostilities: Aiming to establish lasting peace, this article declared that "hostilities between the contracting parties shall forever cease, and perpetual peace and amity shall forever exist between said Indians and the Government and people of the United States." The Apache Nation pledged not to associate with or aid any other tribes or powers at war with the United States.
• Article 3: Humane Treatment of U.S. Citizens: The Apache Nation committed to treating all U.S. citizens and persons at peace with the United States with honesty and humanity. This article aimed to ensure the safety and well-being of American settlers and travelers within Apache territory.
• Article 4: Referral of Aggressions to the U.S. Government: This article required the Apache Nation to refer all cases of aggression against themselves, their property, or their territory to the U.S. government for adjustment. They also agreed to conform to the laws, rules, and regulations of the U.S. government regarding Indian tribes.
• Article 5: Restriction on Incursions into Mexico: Acknowledging the existing tensions along the U.S.-Mexico border, the Apache Nation agreed to desist from making hostile or predatory incursions into Mexico. They also pledged to refrain from taking captives or property from Mexican citizens and to surrender any existing captives to their agent.
• Article 6: Legal Protection for Apaches: This article addressed the protection of Apache individuals under U.S. law. It stipulated that any U.S. citizen or person subject to U.S. laws who murdered, robbed, or maltreated an Apache Indian would be arrested, tried, and subject to the penalties provided by law for the protection of the people of the United States.
• Article 7: Free Passage for U.S. Citizens: Guaranteeing freedom of movement, this article stated that U.S. citizens would have free and safe passage through Apache territory, subject to rules and regulations adopted by the U.S. government.
• Article 8: Establishment of Military Posts and Agencies: This article authorized the U.S. government to establish military posts, agencies, and trading houses within Apache territory to preserve tranquility and protect the interests of both parties.
• Article 9: Designation of Territorial Boundaries: Recognizing the importance of clearly defined territories, this article stated that the U.S. government would, at its earliest convenience, designate, settle, and adjust the territorial boundaries of the Apache Nation and enact laws conducive to their prosperity and happiness.
• Article 10: U.S. Government Donations and Support: As consideration for the Apache Nation’s faithful performance of the treaty stipulations, the U.S. government promised to grant donations, presents, and implements, and to adopt other liberal and humane measures deemed appropriate.
• Article 11: Binding Nature and Liberal Construction: This article declared that the treaty would be binding upon both parties from the date of signing, subject to modifications and amendments adopted by the U.S. government. It also stipulated that the treaty should be interpreted liberally to ensure that the Apache Indians would not be held responsible for the conduct of others and that the U.S. government would legislate and act to secure their permanent prosperity and happiness.

Ratification and Proclamation:

The 1852 Apache Treaty was ratified by the U.S. Senate on March 23, 1853, and proclaimed by President Millard Fillmore on March 25, 1853. This formal ratification signaled the U.S. government’s official acceptance of the treaty’s terms and its commitment to upholding its provisions.

Shortcomings and Ultimate Failure:

Despite its initial promise, the 1852 Apache Treaty ultimately failed to achieve its goals of lasting peace and prosperity for the Apache Nation. Several factors contributed to its demise:

• Lack of Understanding and Cultural Differences: The treaty was negotiated within a framework of cultural misunderstanding and differing worldviews. The Apache concept of land ownership and resource management differed significantly from the Western perspective, leading to conflicts over land use and access.
• Broken Promises and Unfulfilled Obligations: The U.S. government frequently failed to fulfill its promises to provide adequate resources, protection, and support to the Apache Nation. This breach of trust eroded the foundation of the treaty and fueled resentment among the Apache people.
• Westward Expansion and Resource Competition: The relentless westward expansion of American settlers and the increasing demand for resources, such as land, water, and minerals, placed immense pressure on Apache territory and way of life. Conflicts between settlers and Apache communities became increasingly frequent and violent.
• Internal Divisions within the Apache Nation: The Apache Nation was not a unified entity, but rather a collection of independent bands and groups with their own leaders and interests. This internal division made it difficult to enforce the treaty’s provisions and to ensure that all Apache communities adhered to its terms.

Legacy:

The 1852 Apache Treaty stands as a testament to the complex and often tragic history of relations between the United States government and Native American tribes. While it represented an attempt to establish peace and cooperation, its ultimate failure highlights the challenges of negotiating across cultural divides, the importance of fulfilling treaty obligations, and the devastating impact of westward expansion on Native American communities. The treaty serves as a reminder of the need for mutual respect, understanding, and a commitment to justice in addressing the historical injustices faced by Native American peoples.