The Fort Laramie Treaty of 1868

Welcome to Civics and Coffee. My name is Alycia and I am a self-professed history nerd. Each week, I am going to chat about a topic on U.S history and give you both the highlights and occasionally break down some of the complexities in history; and share stories you may not remember learning in high school. All in the time it takes to enjoy a cup of coffee. 

INTRO MUSIC

Hey everyone, welcome back. 

While the United States engaged in the Civil War, the desire to conquer the west remained a key aspect of domestic policy, with continued westward expansion a central priority. After the war, the government sought to secure land, resources, and transportation routes, particularly for the transcontinental railroad. There were manpower constraints in some areas leading to a lack of defense of white settlers who continued to establish homesteads on land previously under the control of indigenous groups throughout the Plains. As warriors from groups such as the Sioux and Lakota sought to defend their territory against white encroachment, the United States government erected forts as an effort to safeguard the frontier, prompting continued violence between the two sides - eventually leading Congress to once again seek peace through a new treaty. Thus, in the spring of 1868, commissioners from the United States met with tribal leaders to attempt one final, lasting peace. 

So this week I am diving into the 1868 Fort Laramie Treaty. What prompted the U.S. to enter into yet another treaty negotiation? What did the tribal leaders agree to? And why did the treaty ultimately prove unsuccessful in stopping further conflict?

Grab your cup of coffee, peeps. Let’s do this. 

Before we can get into the negotiations of 1868, we have to back up just a bit. While settlers seeking new opportunity had long been traveling west through the Great Plains, the discovery of gold in what eventually became California significantly increased traffic, further escalating  tensions and violent interactions between settlers and various tribal warriors. In 1851, seeking to avoid conflict and secure safe travel routes for settlers, the United States negotiated with representatives from the Plains tribes to establish the Fort Laramie Treaty. Also known as the Horse Creek Treaty, the agreement provided that the U.S. government established territorial boundaries for the tribes, including the Lakota Sioux, Cheyenne, Arapaho, and Crow, covering areas in present-day Wyoming, South Dakota, Montana, and Colorado. While the treaty aimed to reduce intertribal conflict and protect settlers, it did not grant the tribes ownership of the land but instead defined their areas of use within the broader U.S. territory.

It should come as no surprise that the treaty was broken almost immediately upon its ratification, leading to spurts of conflict between settlers and tribal warriors. These tensions escalated into an all out war in 1864. After the Sand Creek Massacre in November 1864, where the U.S. Army killed over 100 Cheyenne and Arapaho, who were asleep and unable to defend themselves, Congress commissioned a study to assess the condition of Indigenous populations. This investigation, known as the Doolittle Report, was published in 1867 and concluded that the deteriorating conditions of Native people were largely caused by the actions of quote-unquote 'lawless white men,' who were often settlers or military personnel. The findings in the Doolittle report, along with a desire to address the quote unquote Indian question prompted Congress to evaluate their approach toward indigenous communities and assess whether their current course of action was worth continuing. Members of Congress debated whether the government should quote “attempt to assimilate, concentrate, or exterminate the Indians,” end quote. The costs associated with fighting the various tribes was significant, with some estimates claiming it took one million dollars for each warrior killed and anywhere between 1 and 2 million dollars each week to defend frontier territory from attack. In the end, Congress decided it was cheaper to make peace with the native population. In their eyes, there was nothing left for the various indigenous communities; they had only two choices: assimilate or become extinct. Another factor informing Congress’ decision on the best way forward was the very real economic impacts of the transcontinental railroad and their desire to safeguard it against incursion. 

Thus, on July 20, 1867 Congress passed a bill establishing a 7-man commission whose focus would be to achieve peace with as many tribes as possible. The commission was given the authority to meet with the Chiefs of any tribe currently considered to be at war with the United States, with instructions that any treaties had to include provisions to safeguard overland transportation routes, namely the railroad. The commission was also tasked with identifying districts that could house tribal nations not already living in a reservation, with the hope that the commission could convince the remaining nations to relocate. The men assigned to the commission included Nathaniel G. Taylor, who was then the acting Commissioner of Indian Affairs, Senator John B. Henderson, then the acting Chair of the Committee on Indian Affairs, and Samuel F. Tappan, touted as a quote unquote Christian Crusader who was also a known supporter of Indian rights. The remaining posts were filled with either current or former military men, including William Tecumseh Sherman. While named to the commission, Sherman’s involvement would be limited as negotiations were largely driven by the other members. After the group met initially in August of 1867, they put out word that they hoped to meet with the commanders of the various nations in one of two locations: Fort Laramie in September and Fort Larned in October. 

As historian Manisha Sinah observed in her book on reconstruction, quote: “to understand US history from indigenous perspectives is to engage with a very long history of American colonialism defined by violent dispossession and the destruction of lives, nations, and cultures, which some historians deem genocidal,” end quote. Despite the United States record with maintaining prior agreements, some tribal leaders decided to once again engage in good faith hoping to preserve their way of life and their land. Initially, discussions looked as though they would prove fruitless. No peace would be forthcoming, leaders stated, unless the United States government abandoned forts built along the Bozeman Trail, which was traditional territory of the Cheyenne, Lakota, and Arapaho. 

Since 1863 settlers had been actively traversing through the area, using the route to get to both the Oregon Trail and Montana gold fields. Lakota leader Red Cloud led several raids along the trail, successfully beating back the United States army. Untrusting of the United States government given its track record, Red Cloud refused to engage with the peace commission until he saw evidence that the army was abandoning its posts along the Bozeman trail. Initial discussions at Fort Laramie lasted just two days before the commission headed south toward Fort Larned. 

Arriving on October 12th, the commission began negotiations on October 19th with representatives from the Comanche, Kiowa, Arapaho, and Kiowa-Arapaho tribes. The commission promised to right the prior wrongs of the United States government and stated their main goal was to secure peace. They then outlined their proposal which included moving the remaining tribes onto reservations along the Red River. This also included promises to provide homes, schools, churches, agricultural tools, and other supplies to help tribal communities shift toward quote unquote civilization. Indigenous leaders present at the council indicated they shared the desire for peace, but not at the cost of giving up their traditional lifestyles to move onto reservations. Commissioners worked to sweeten the deal by rewarding those who agreed to the treaty with tens of thousands of dollars worth of goods. 

Negotiations concluded in October and the terms largely reflected the commission’s original proposal, which included provisions to help Indigenous communities transition to agricultural life, envisioned by the U.S. government to quote-unquote civilize the tribes. The treaty also promised annual payments of goods and services for 30 years, as well as provisions for education and support in adopting ‘civilized’ practices. The treaty's terms also stipulated that all hostilities would cease between the U.S. government and the tribes involved. Lastly, the treaty outlined a mechanism for indigenous communities to seek redress should they be wrong, as spelled out in article one which reads quote:

“From this day forward all war between the parties to this agreement shall for ever cease. The government of the United States desires peace, and its honor is hereby pledged to keep it. The Indians desire peace, and they now pledge their honor to maintain it. If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent, and forwarded to the Commissioner of Indian Affairs at Washington city, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also reimburse the injured person for the loss sustained,” end quote.

Although they met with several tribal leaders, the commissioners representing the United States remained unsuccessful in securing an audience with Red Cloud. Before they left to return to Washington, the commission received word from Red Cloud that the current state of engagement between the two sides was the result of white encroachment on their hunting lands and that war would end only after the United States government vacated their forts along the Powder River country, a key hunting ground for the Lakota-Sioux. 

Upon returning to the capitol, the commissioners submitted their report which included their request that the two areas they identified be approved as reservations where, they believed, the native tribes would be “civilized” within 25 years. Their report also suggested moving the Bozeman trail west of the Bighorn Mountains, which would eliminate the need for the forts sitting along the Powder River country, giving the Lakota-Sioux what they asked for. General Ulysess S. Grant issued his support of vacating the area, marking the only time in history the U.S. army gave in to the demands of a “hostile” Indian leader. 

The commission returned to Fort Laramie in April 1868, fully prepared to agree to Red Cloud’s demands including abandoning the Bozeman Trail. They held a preliminary council with tribal leaders on April 13th, where they outlined the terms of the treaty including the area of land set aside for what would become the Great Sioux Reservation which would be closed to future white settlement. Largely consisting of what is now the state of South Dakota, the area also included the Black Hills. They also secured agreements with Northern Cheyenne and Northern Arapaho in May, giving them the choice of living on lands secured during the treaty signing at Fort Laramie or with the Lakota Sioux in the north. 

As negotiations were in process, Red Cloud sent word that he would only be willing to meet with the commission once he saw soldiers leaving the area and all forts abandoned. This proved to be a long, drawn out process and it wasn’t until July 29th that the area was finally clear. Watching from afar, Red Cloud burned the forts to the ground the next day. Several months later, Red Cloud relented and signed the treaty, bringing an end to the war named in his honor. Through their signatures, the Plains tribes gave up thousands of acres of land, land that had been promised in previous treaties; land that they had lived and hunted on for centuries. While they agreed to this tremendous loss, tribal leaders retained hunting and fishing rights in their old territory. The terms of the treaty also promised that any future land cessions could not be done unless 75% of the male adult tribal members agree, giving even the most skeptical of leaders reason to believe that finally, the two sides could live together in peace. 

And so it was. Until 1874 when General George Custer led an expedition to survey the area, including into the Black Hills which was a direct violation of the treaty. While surveying the area, miners with the group found gold. As before, all past promises were broken. Instead of attempting to renegotiate the treaty, the United States just redrew the boundaries, essentially stealing indigenous land. By 1875, roughly 800 miners had flooded the area, prompting an attack by Lakota and Cheyenne. The U.S. responded by forcing Lakota, Cheyenne, and Arapaho onto reservations under military threat - in direct violation of the treaty. This later set the stage for the Battle of Little Bighorn in 1876 and the last victory for Sioux warriors. The United States would not only redraw the lines of the treaty to include the Black Hills, it also permitted the government to build roads through reservation lands, something previously barred by the original treaty.  

This eventually led to a lawsuit between the Sioux people and the United States government. The case took decades - and I do mean decades - to reach a decision. Filed in 1923, and temporarily dismissed in 1942, it would be another four decades before the Supreme Court of the United States found that the land had been captured falsely and ordered the United States government to compensate the tribe accordingly. The Sioux refused to receive payment, arguing that since the land was never for sale, they were not going to accept any money to indicate otherwise. The only thing they wanted? Their land back. The case remains open and the value of the settlement today would be over one billion dollars. 

As the reconstruction debates filled the halls of Congress in the nation’s capital, westward expansion continued apace, all but ensuring continued hostilities between settlers and indigenous communities. Indigenous leaders did their best in trying to safeguard their community’s way of life, but they were outmatched by the United States Government. However, in a true testament to their spirit, the Sioux remain committed in their fight to right a wrong nearly 150 years in the past. 

Thanks, peeps. I’ll see you next week.

Thanks for tuning and I hope you enjoyed this episode of Civics & Coffee. If you want to hear more small snippets from american history, be sure to subscribe wherever you get your podcasts. Thanks for listening and I look forward to our next cup of coffee together. 

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