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Why the Treaty of Fort Laramie Failed to Maintain Peace
Why the Treaty of Fort Laramie Failed to Maintain Peace
Why the Treaty of Fort Laramie Failed to Maintain Peace
Fort Laramie Treaty of 1851 (Horse Creek Treaty) (U.S. National Park Service) [1]
Leading Up to the TreatySince 1846, fur traders, Indian agents, mountain men, missionaries and former U.S. Superintendent of Indian Affairs, Thomas Harvey, had been pushing for a conference to negotiate rights of passage through American Indian lands for westward-bound emigrants
Harvey argued that “a trifling compensation for this right of way” would secure the Indian’s friendship. Early in 1851, the Congress of the United States authorized holding a great treaty council with Plains Indians to assure peaceful relations along the Overland Trails
More than 10,000 Plains Indians (men, women and children) gathered to sign the treaty causing the location to move to Horse Creek since Fort Laramie could not accommodate the crowd. Hence the popular name of Horse Creek Treaty instead of the official Fort Laramie Treaty
Treaty of Fort Laramie (1851) [2]
The Fort Laramie Treaty of 1851 was signed on September 17, 1851 between United States treaty commissioners and representatives of the Cheyenne, Sioux, Arapaho, Crow, Assiniboine, Mandan, Hidatsa, and Arikara Nations. Also known as Horse Creek Treaty, the treaty set forth traditional territorial claims of the tribes.[1][2]
The boundaries agreed to in the Fort Laramie Treaty of 1851 would be used to settle a number of claims cases in the 20th century.[3] The Native Americans guaranteed safe passage for settlers on the Oregon Trail and allowed roads and forts to be built in their territories, in exchange for promises of an annuity in the amount of fifty thousand dollars for fifty years. The treaty also sought to “make an effective and lasting peace” among the eight tribes, who were often at odds with each other.[1][4]
The next year, both Thomas Fitzpatrick (agent of Upper Platte and Arkansas) and David D. Mitchell (superintendent at Saint Louis) recommended a council with the tribes to prevent a conflict.[5] The United States government undertook negotiations with the Plains Tribes living between the Arkansas and Missouri rivers to ensure protected right-of-way for the migrants.[6] Congress had appropriated one hundred thousand dollars to the assembly, endorsed by Luke Lea (the Commissioner of Indian Affairs).[1][7]
Section 3: The Treaties of Fort Laramie, 1851 & 1868 [3]
From the earliest days of the United States, the federal government had not known what to do about Indian tribes. Finally, in 1831, in a case titled Cherokee Nation vs Georgia, the Supreme Court decided that Indian tribes were not foreign nations and were not states
However, the Constitution of the United States did not provide any guidelines for dealing with another nation within the boundaries of the United States. This ruling also meant that Indians were not citizens of the United States.
Treaties are written documents that outline the specific nature of the relationship between nations. Treaties are used to define alliances and to end wars
Treaty of Fort Laramie (1868) [4]
In this treaty, signed on April 29, 1868, between the U.S. Government and the Sioux Nation, the United States recognized the Black Hills as part of the Great Sioux Reservation, set aside for exclusive use by the Sioux people.
This struggle over land has defined the relationship between the U.S. From the 1860s through the 1870s, warfare and skirmishes broke out frequently on the American frontier
They produced a “Report on the Condition of the Indian Tribes” in 1867. This led to an act to establish an Indian Peace Commission to end the wars and prevent future conflicts.
Treaty of Fort Laramie (1851) [5]
The Fort Laramie Treaty of 1851 was signed on September 17, 1851 between United States treaty commissioners and representatives of the Cheyenne, Sioux, Arapaho, Crow, Assiniboine, Mandan, Hidatsa, and Arikara Nations. Also known as Horse Creek Treaty, the treaty set forth traditional territorial claims of the tribes.[1][2]
The boundaries agreed to in the Fort Laramie Treaty of 1851 would be used to settle a number of claims cases in the 20th century.[3] The Native Americans guaranteed safe passage for settlers on the Oregon Trail and allowed roads and forts to be built in their territories, in exchange for promises of an annuity in the amount of fifty thousand dollars for fifty years. The treaty also sought to “make an effective and lasting peace” among the eight tribes, who were often at odds with each other.[1][4]
The next year, both Thomas Fitzpatrick (agent of Upper Platte and Arkansas) and David D. Mitchell (superintendent at Saint Louis) recommended a council with the tribes to prevent a conflict.[5] The United States government undertook negotiations with the Plains Tribes living between the Arkansas and Missouri rivers to ensure protected right-of-way for the migrants.[6] Congress had appropriated one hundred thousand dollars to the assembly, endorsed by Luke Lea (the Commissioner of Indian Affairs).[1][7]
The Loss of American Indian Life and Culture [6]
government used to address the “Indian threat” during the settlement of the West. – Explain the process of “Americanization” as it applied to Indians in the nineteenth century
Although the threat of Indian attacks was quite slim and nowhere proportionate to the number of U.S. Army actions directed against them, the occasional attack—often one of retaliation—was enough to fuel the popular fear of the “savage” Indians
Ultimately, the settlers, with the support of local militias and, later, with the federal government behind them, sought to eliminate the tribes from the lands they desired. The result was devastating for the Indian tribes, which lacked the weapons and group cohesion to fight back against such well-armed forces
UNITED STATES, Petitioner, v. SIOUX NATION OF INDIANS et al. [7]
Under the Fort Laramie Treaty of 1868, the United States pledged that the Great Sioux Reservation, including the Black Hills, would be “set apart for the absolute and undisturbed use and occupation” of the Sioux Nation (Sioux), and that no treaty for the cession of any part of the reservation would be valid as against the Sioux unless executed and signed by at least three-fourths of the adult male Sioux population. The treaty also reserved the Sioux’ right to hunt in certain unceded territories
In 1877, Congress passed an Act (1877 Act) implementing this “agreement” and thus, in effect, abrogated the Fort Laramie Treaty. Throughout the ensuing years, the Sioux regarded the 1877 Act as a breach of that treaty, but Congress did not enact any mechanism by which they could litigate their claims against the United States until 1920, when a special jurisdictional Act was passed
In 1942, this claim was dismissed by the Court of Claims, which held that it was not authorized by the 1920 Act to question whether the compensation afforded the Sioux in the 1877 Act was an adequate price for the Black Hills and that the Sioux’ claim was a moral one not protected by the Just Compensation Clause. Thereafter, upon enactment of the Indian Claims Commission Act in 1946, the Sioux resubmitted their claim to the Indian Claims Commission, which held that the 1877 Act effected a taking for which the Sioux were entitled to just compensation and that the 1942 Court of Claims decision did not bar the taking claim under res judicata
Fort Laramie Treaty of 1851 (Horse Creek Treaty) (U.S. National Park Service) [8]
Leading Up to the TreatySince 1846, fur traders, Indian agents, mountain men, missionaries and former U.S. Superintendent of Indian Affairs, Thomas Harvey, had been pushing for a conference to negotiate rights of passage through American Indian lands for westward-bound emigrants
Harvey argued that “a trifling compensation for this right of way” would secure the Indian’s friendship. Early in 1851, the Congress of the United States authorized holding a great treaty council with Plains Indians to assure peaceful relations along the Overland Trails
More than 10,000 Plains Indians (men, women and children) gathered to sign the treaty causing the location to move to Horse Creek since Fort Laramie could not accommodate the crowd. Hence the popular name of Horse Creek Treaty instead of the official Fort Laramie Treaty
Native American History Timeline [9]
Long before Christopher Columbus stepped foot on what would come to be known as the Americas, the expansive territory was inhabited by Native Americans. Throughout the 16th and 17th centuries, as more explorers sought to colonize their land, Native Americans responded in various stages, from cooperation to indignation to revolt.
Below are events that shaped Native Americans’ tumultuous history following the arrival of foreign settlers.. 1492: Christopher Columbus lands on a Caribbean Island after three months of traveling
April 1513: Spanish explorer Juan Ponce de Leon lands on continental North America in Florida and makes contact with Native Americans.. February 1521: Ponce de Leon departs on another voyage to Florida from San Juan to start a colony
THE AMERICAN YAWP [10]
*The American Yawp is an evolving, collaborative text. The Allotment Era and Resistance in the Native West
Native Americans long dominated the vastness of the American West. Linked culturally and geographically by trade, travel, and warfare, various Indigenous groups controlled most of the continent west of the Mississippi River deep into the nineteenth century
But then the Civil War came and went and decoupled the West from the question of slavery just as the United States industrialized and laid down rails and pushed its ever-expanding population ever farther west.. Indigenous Americans have lived in North America for over ten millennia and, into the late nineteenth century, perhaps as many as 250,000 Native people still inhabited the American West.1 But then unending waves of American settlers, the American military, and the unstoppable onrush of American capital conquered all
Treaty of Fort Laramie [11]
Signed in 1851, the Treaty of Fort Laramie was made between the US government and several Indigenous nations of the Great Plains—including the Cheyenne, Arapaho, and Lakota—who occupied parts of present southern Wyoming and northern Colorado. The treaty was part of the government’s efforts to protect a growing stream of whites heading west and to establish a military presence in the region
However, the Colorado Gold Rush of 1858–59 made the treaty obsolete, as whites moved onto Cheyenne and Arapaho land that was supposedly protected.. During the eighteenth century, disease outbreaks and conflicts over the fur trade disrupted the Indian nations of the upper Midwest, prompting some to abandon the region in search of a better life
They reached present-day Colorado by the early nineteenth century, after being pushed westward by the Sioux, who also came to occupy the plains of Wyoming and Colorado around the same time.. In 1834, during the height of the fur trade in the American West, American traders William Sublette and Robert Campbell established what became Fort Laramie in present-day Wyoming, at the confluence of the Laramie and North Platte Rivers
The United States Government’s Relationship with Native Americans [12]
The history of relations between Native Americans and the federal government of the United States has been fraught. To many Native Americans, the history of European settlement has been a history of wary welcoming, followed by opposition, defeat, near-extinction, and, now, a renaissance
Many Native American tribes allied with the British during the Revolutionary War. However, the Treaty of Paris, which ended the war, was silent on the fates of these British allies
Resistance from the tribes stopped the encroachment of settlers, at least for a while.. After the Revolutionary War, the United States maintained the British policy of treaty-making with the Native American tribes
Native American – Tribes, Colonies, Revolution [13]
– Colonial goals and geographic claims: the 16th and 17th centuries. – Native Americans and colonization: the 16th and 17th centuries
– Domestic colonies: the late 18th to the late 19th century. The discontentment caused by the Quebec Act contributed directly to a third 18th-century war of empire, the American Revolution (1775–83), in which 13 of the English colonies in North America eventually gained political independence
The confederacy had long been allied with the English against the Huron, the northern Algonquians, and the French. Now the Iroquois were faced with a conundrum: a number of the English individuals with whom they had once worked were now revolutionaries and so at least nominally allied with France
The battle for Mount Rushmore: ‘It should be turned into something like the Holocaust Museum’ [14]
Mount Rushmore national memorial draws nearly 3 million visitors a year to its remote location in South Dakota. They travel from all corners of the globe just to lay their eyes on what the National Park Service calls America’s “shrine of democracy”.
“It should be turned into something like the United States Holocaust Museum,” he said. Two Eagle noted what historians have also documented
Two Eagle is Sicangu Lakota and a member of the Rosebud Sioux Tribe in South Dakota. He directs the tribe’s treaty council office which fights to claim sovereignty over lost homeland
The Treaty of Fort Laramie with Sioux, etc., 1851: Revisiting the document found in Kappler’s Indian Affairs: Laws and Treaties [15]
Bernholz, Love Memorial Library, University of Nebraska, Lincoln, NE 68588 [*]. Pytlik Zillig, Center for Digital Research in the Humanities, Love Memorial Library, University of Nebraska, Lincoln, NE 68588 [**]
Its creation and provisions were a demonstration of the growing need for less animosity among the tribes themselves, in part to yield increased security for an ever-growing flow of settlers into the western United States who traversed in the process the tribes’ historical lands. However, over the years, a true version of the final transaction — reflecting intervention by the Senate after the original signing — has never been published
Such authorization allowed the Commissioners of Indian Affairs to implement across the full expanse of this country, with its mixture of both well- and just-established states and remaining Territories, a broad program to address Indian issues. [2] The text of one of the transactions created under this power remains absent from the Statutes at Large: the Treaty of Fort Laramie with Sioux, etc., 1851 (Kappler, 1904b, pp
Sources
- https://www.nps.gov/articles/000/horse-creek-treaty.htm#:~:text=The%20treaty%20outlined%20the%20rights,desire%20to%20live%20in%20peace.
- https://en.wikipedia.org/wiki/Treaty_of_Fort_Laramie_(1851)#:~:text=The%20Native%20Americans%20guaranteed%20safe,thousand%20dollars%20for%20fifty%20years.
- https://www.ndstudies.gov/gr8/content/unit-iii-waves-development-1861-1920/lesson-4-alliances-and-conflicts/topic-2-defending-lakota-homelands/section-3-treaties-fort-laramie-1851-1868#:~:text=The%20Treaty%20of%20Fort%20Laramie%20of%201868%20established%20the%20Great,the%20forts%20along%20the%20trail.
- https://www.archives.gov/milestone-documents/fort-laramie-treaty
- https://en.wikipedia.org/wiki/Treaty_of_Fort_Laramie_(1851)
- https://courses.lumenlearning.com/suny-ushistory2os2xmaster/chapter/the-loss-of-american-indian-life-and-culture/
- https://www.law.cornell.edu/supremecourt/text/448/371
- https://www.nps.gov/articles/000/horse-creek-treaty.htm
- https://www.history.com/topics/native-american-history/native-american-timeline
- https://www.americanyawp.com/text/17-conquering-the-west/
- https://coloradoencyclopedia.org/article/treaty-fort-laramie
- https://www.nationalgeographic.org/article/united-states-governments-relationship-native-americans/
- https://www.britannica.com/topic/Native-American/The-American-Revolution-1775-83
- https://www.theguardian.com/environment/2021/jul/03/mount-rushmore-south-dakota-indigenous-americans
- http://treatiesportal.unl.edu/treatyoffortlaramie1851/
