Treaty with the Apache (Santa Fe), 1852

What happened

On July 1, 1852, at Santa Fe, Colonel E. V. Sumner and Indian agent John Greiner signed a treaty for the United States with seven chiefs acting for the Apache Nation, including Mangus Colorado. In Article 1 the Apaches declared that they were lawfully and exclusively under the laws, jurisdiction and government of the United States, and to its power and authority they "do hereby submit."

Articles 2 to 5 set perpetual peace, bound the Apaches to treat citizens of the United States honestly, and had them refrain from raids into Mexico and surrender captives. Article 6 said any United States citizen who murdered, robbed or maltreated an Apache would be arrested and tried. Article 7 gave free and safe passage through their territory, and Article 8 let the United States establish military posts, agencies and trading houses. In Article 9 the Apaches agreed that the United States would, at its earliest convenience, "designate, settle, and adjust their territorial boundaries." The treaty cedes no land and names no boundary. It was proclaimed on March 25, 1853.

A 2024 Ninth Circuit decision about a federal land transfer to a mining company recounts what followed. Chief Judge Murguia's dissent says Apache leaders signed "to make peace," but that conflict continued as more settlers, miners and soldiers entered Apache land, resulting in several massacres of Apaches by soldiers and civilians. It says that by the late 1870s the United States had forcibly removed the Apaches onto reservations. The majority held that, even assuming the Apaches' reading of the treaty was correct, the statute "clearly abrogates any contrary treaty obligation," so the treaty did not stop the transfer.

Good to know. The account of what followed comes from a dissenting opinion in a later court case.

Summarized with AI assistance from 5 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error