Medicine Lodge Treaty

The Medicine Lodge Treaty is the overall name for three treaties signed near Medicine Lodge, Kansas, between the Federal government of the United States and southern Plains Indian tribes in October 1867, intended to bring peace to the area by relocating the Native Americans to reservations in Indian Territory and away from European-American settlement.

The treaty was negotiated after investigation by the Indian Peace Commission, which in its final report in 1868 concluded that the wars had been preventable.

The U.S. government and tribal chiefs met at a place traditional for Native American ceremonies, at their request.

In 1903 the U.S. Supreme Court ruled against the tribes, determining that the Congress had "plenary power" and the political right to make such decisions.

Over decades, they won substantial settlements of monetary compensation in the amount of tens of millions of dollars, although it took years for the cases to be resolved.

[6][7] The Peace Commission met in St. Louis, Missouri, on August 6, 1867, where it elected Nathaniel G. Taylor, Commissioner of Indian Affairs, as its president.

[6][8] The official report of the Commission to the President of the United States, dated January 7, 1868, describes detailed histories of the causes of the Indian Wars including: numerous social and legal injustices to Indians, repeated violations of numerous treaties, acts of corruption by many of the local agents, and culpability of Congress in failing to fulfill certain legal obligations.

[9] Other members of the peace commission were Lieutenant General William T. Sherman, commander of the Military Division of the Missouri; Major General William S. Harney (retired), who had taken part in earlier conflicts with the Cheyenne and Sioux along the Platte River; Brigadier General Alfred H. Terry, commander of the Military Department of Dakota; Senator John B. Henderson of Missouri, Chairman of the Senate Indian Appropriations Committee, who had introduced the bill that created the peace commission; Colonel Samuel F. Tappan, formerly of the First Colorado Volunteer Cavalry and a peace advocate who had led the U.S. Army's investigation of the Sand Creek massacre; Major General John B. Sanborn, formerly commander of the Upper Arkansas District, who had previously helped to negotiate the Little Arkansas Treaty of 1865.

Major General Christopher C. Augur, commander of the Military Department of the Platte, replaced him as a temporary appointment.

[12] There it was joined by an escort of five hundred troops of the 7th U.S. Cavalry Regiment[8][13] and Battery B of the 4th artillery, armed with two Gatling guns.

[12][13] They were under the command of Maj. Joel H. Elliott,[8] who had been excused from attending the court martial proceedings for Lt. Col. George Armstrong Custer then underway at Fort Leavenworth.

[8][14] The commission arrived at Fort Larned (present-day Kansas) on October 11, where some chiefs were already present, including Black Kettle of the Cheyenne,[6] Little Raven of the Arapaho, and Satanta of the Kiowa.

[6][8][16] The treaties negotiated at Medicine Lodge Creek were similar in their terms, involving surrender of traditional tribal territories in exchange for much smaller reservations in Indian Territory (present day Oklahoma) and allowances of food, clothing, equipment, and weapons and ammunition for hunting.

[8] Under the first of the three Medicine Lodge treaties, the Kiowa and Comanche were compelled to give up more than 60,000 square miles (16,000,000 ha) of traditional tribal territories in exchange for a 3-million-acre (1,200,000 ha) reservation in the southwest corner of Indian Territory (present-day Oklahoma), most of it lying between the North Fork of the Red River and the North Canadian River.

Instead of hunting game they killed my braves, and the warriors of the tribe cut short their hair for the dead.

[8] A separate treaty version for the Northern Cheyenne was created, but they did not sign, as they were allied with Red Cloud and the Oglala Lakota in hostilities against the US.

In 1887 the Congress changed national policy on allotment of Native American lands by passing the Dawes Act, which promoted allotment of parcels to individual households (they thought 160 acres per household would be adequate for cultivation) to break up the communal land held by tribes, with the government authorized to sell the resulting "surplus".

In the case of the southern Plains Indians, a commission was assigned to gain their agreement to such allotments and sales.

The Jerome Agreement of 1892, although never ratified by the tribes, implemented the new allotment policy, effectively removing millions of acres from the reservation.

Quoting from United States v. Kagama (1886) 118 U.S.375 in its ruling, the court reiterated the description of the Indian tribes as "wards of the nation...

The Commissioner of Indian Affairs, then William Arthur Jones, noted his intention to proceed without Native American consent.

Combined Kiowa, Apache and Comanche representatives filed suit against the US government for compensation due to the original treaty and subsequent actions, including sales under the unratified Jerome Agreement.

[27] The Medicine Lodge Treaty is dramatized in the 1962 episode, "The Truth Teller", on the syndicated television anthology series, Death Valley Days, hosted by Stanley Andrews.