Treaty of Medicine Lodge (Kiowa, Comanche and Apache), 1867
In 1867 the Apache joined the Kiowa and Comanche at Medicine Lodge, sharing their reservation and treaty benefits.
- Signed
- October 21, 1867
- Senate
- Ratified July 25, 1868
- Land given up
- about 43 million acres
- Land set aside for the nations
- about 103,000 acres
What happened
What happened
On October 21, 1867, at Medicine Lodge Creek, the same seven U.S. commissioners who signed the Kiowa and Comanche treaty signed a second, supplementary treaty with chiefs of the Kiowa, Comanche and Apache. The commissioners included Nathaniel G. Taylor, William S. Harney and John B. Sanborn.
In Article 1 the Apache tribe agreed "to confederate and become incorporated with the said Kiowa and Comanche Indians." They also agreed to accept as their permanent home the reservation described in the Kiowa and Comanche treaty, and not to settle anywhere outside it. In Article 2 the Kiowa and Comanche agreed that the benefits of their treaty, including physicians, teachers, farmers, blacksmiths, agency buildings, mills and schools, would be shared equally with the Apache.
In Article 3 the United States agreed to share clothing and annuities equally with the Apache and to raise the annual appropriation from $25,000 to $30,000 for the three tribes. In Article 4 the Apache agreed to follow the original treaty. They also gave up rights under the 1865 Little Arkansas treaties with the Cheyenne and Arapaho.
The Supreme Court's opinion in Lone Wolf v. Hitchcock (1903) describes it the same way: by a separate treaty the Apache were incorporated with the other two tribes and became entitled to share the reservation's benefits.
Summarized with AI assistance from 3 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.
The said Apache tribe of Indians agree to confederate and become incorporated with the said Kiowa and Comanche Indians
Tribal Treaties Database (Oklahoma State University): Treaty with the Kiowa, Comanche, and Apache, 1867from twenty-five thousand to thirty thousand dollars
Tribal Treaties Database (Oklahoma State University): Treaty with the Kiowa, Comanche, and Apache, 1867and became entitled to share in the benefits of the reservation. 15 Stat. 581, 589.
Lone Wolf v. Hitchcock, 187 U.S. 553 (1903) (Library of Congress)
Research notes. This account rests on the treaty text and the Supreme Court's 1903 opinion.
What the treaty did to the land
About 43 million acres given up. about 103,000 acres recognized, kept or set aside for the nations. Each shape is a numbered area in the federal government’s 1899 record of land cessions.
partly ceded to the United Statesabout 43 million acres
Land of the Comanche and Kiowa in Oklahoma and Texas, ceded 1867 (area 511)
Set apart for the Comanche and Kiowa by the 1865 treaty, then cut back to a smaller reservation by the 1867 Medicine Lodge treaty, which gave up the rest.
ceded to the United Statesabout 2.9 million acres
Land of the Comanche and Kiowa in Oklahoma, ceded 1867 (area 510)
Part of the 1865 Comanche and Kiowa reserve that they gave up in the 1867 Medicine Lodge treaty, keeping only a smaller reservation, which the Apache agreed to share.
set aside as a reservationabout 77,000 acres
Reservation of the Comanche in Texas (area 512)
Set apart in 1854, with the Texas legislature's permission, as one of two reservations on the Brazos for the Comanche and other Texas Indians; abandoned in 1859. Not a cession.
set aside as a reservationabout 26,000 acres
Reservation of the Comanche in Texas (area 513)
Set apart in 1854, with the Texas legislature's permission, as the second of two reservations on the Brazos for the Comanche and other Texas Indians; abandoned in 1859. Not a cession.
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.
- 1865
Land kept
About 43 million acres set aside as a reservation for the Comanche and Kiowa
By Kiowa and Comanche at Little Arkansas River, Kansas (1865)
- 1867
Land lost
Part of the land ceded by the Comanche and Kiowa
By Treaty of Medicine Lodge (Kiowa and Comanche), 1867
- 1867
Land lost
About 2.9 million acres ceded to the United States by the Comanche and Kiowa
By Treaty of Medicine Lodge (Kiowa and Comanche), 1867
- 1867
Land record
About 2.9 million acres named in the record
By Treaty of Medicine Lodge (Kiowa and Comanche), 1867
- 1867
Land kept
About 103,000 acres set aside as a reservation for the Comanche
By Treaty of Medicine Lodge (Kiowa and Comanche), 1867
- 1867
This treaty
Signed
In 1867 the Apache joined the Kiowa and Comanche at Medicine Lodge, sharing their reservation and treaty benefits.
- 1868
This treaty
Ratified by the Senate
- 1903
In court
Lone Wolf v. Hitchcock
Congress could open Kiowa and Comanche reservation land without the three-fourths consent the 1867 Medicine Lodge Treaty required.
The law behind it
The legal ideas behind the decisions, and related records without a date. Court cases and laws with a date are in what happened next, above.
Legal doctrine
abrogation
Abrogation is Congress overriding a treaty: Lone Wolf (1903) allowed it, but modern courts require clear evidence Congress chose to break the treaty.
Legal doctrine
allotment
Allotment divided tribal reservations into individual parcels under the 1887 Dawes Act and opened the unallotted remainder to purchase.
Legal doctrine
plenary power
Congress claims 'plenary' power over Indian affairs, upheld since Kagama and Lone Wolf; Justice Thomas has questioned it, and the Brackeen Court said it has borders.
Legal doctrine
trust doctrine
The 1831 'ward and guardian' description became a trust relationship that courts enforce for damages mainly where a statute or regulation creates the duty.
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.
Who is doing the work
This history belongs to living nations. Start with them:
- Apache Tribe of Oklahoma
- Fort Sill Apache Tribe
- Jicarilla Apache Nation, New Mexico
- Lipan Apache Tribe of Texas
- Mescalero Apache Tribe
- San Carlos Apache Tribe
- Tonto Apache Tribe of Arizona
- White Mountain Apache Tribe of the Fort Apache Reservation, Arizona
Native legal and land defense, nationally
- Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
- NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
- Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
- Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website
Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.
Sources
Sources
- digitreaties.org/treaties/treaty/179033797reference work
Research notes
Proclaimed 1868-08-25. Ratification detail: 1868-07-25 (Senate)
Shapes are approximate and are not legal descriptions of land, title or jurisdiction.