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Treaty of Fort Atkinson with the Comanche, Kiowa, Apache, 1853

The 1853 Fort Atkinson treaty bought peace and U.S. road and post rights from the Comanche, Kiowa and Apache for $18,000 a year.

Signed
July 27, 1853
Senate
Ratified

What happened

On July 27, 1853, Thomas Fitzpatrick, Indian agent and sole commissioner for the United States, signed a treaty at Fort Atkinson, in the Indian Territory, with the Comanche, Kiowa and Apache tribes, described as inhabiting the territory south of the Arkansas River. In Articles 1 and 2 peace was to be perpetual between the United States and the tribes, and among the tribes themselves. In Article 5 they agreed to stop warlike incursions into the Mexican provinces and to restore captives taken from there.

In Article 3 the tribes recognized the right of the United States to lay off and mark out roads or highways, make reservations of land needed for them, locate depots, and establish military and other posts within their territories. EBSCO's research summary says the treaty aimed to ease white passage westward and "facilitate the building of a transcontinental railroad through Indian lands." The treaty does not cede land by name.

In Article 6 the United States agreed to deliver $18,000 a year for ten years, with five more if the President thought it advisable. The payment was for the tribes' agreements, for the losses they might suffer from the travel of United States citizens through their territories, and for their support. In Article 7 the United States promised to protect them from depredations by its people and compensate them for any injuries. Article 8 let annuities be withheld for violations. The treaty was ratified on April 12, 1854 and proclaimed on February 12, 1855.

Good to know. The treaty places Fort Atkinson "in the Indian Territory"; the site is in present southwestern Kansas. The treaty cedes no land.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Well supported by the sources below.

  1. the right of the United States to lay off and mark out roads or highwaysTreaty with the Comanche, Kiowa and Apache, 1853 (OSU Tribal Treaties Database)
  2. the sum of eighteen thousand dollars per annum, for and during the term of ten yearsTreaty with the Comanche, Kiowa and Apache, 1853 (OSU Tribal Treaties Database)
  3. facilitate the building of a transcontinental railroad through Indian landsTreaty of Fort Atkinson (EBSCO Research Starters)
  4. Thomas FitzpatrickTreaty with the Comanche, Kiowa and Apache, 10 Stat. 1013 (govinfo)

Research notes. The treaty text places the signing at Fort Atkinson "in the Indian Territory"; EBSCO places it in southwestern Kansas, so the modern location differs from the label. The treaty names no land cession. The cited sources do not describe how the promises were kept or what followed.

What happened next

Everything the record holds about this land and this treaty, in order: what earlier agreements said, what this one did, and what the United States, the courts and the nations did afterwards.

Who is doing the work today

The nations connected to this treaty come first, then groups returning land and defending treaty rights. Support goes directly to them.

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Native legal and land defense, nationally

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Sources

  1. digitreaties.org/treaties/treaty/176248632reference work
Research notes

Kappler page.

Shapes are approximate and are not legal descriptions of land, title or jurisdiction.