All treaties and agreements

PlainsTreaty

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
The land in this treaty’s record. Open on the map

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.

  1. The said Apache tribe of Indians agree to confederate and become incorporated with the said Kiowa and Comanche IndiansTribal Treaties Database (Oklahoma State University): Treaty with the Kiowa, Comanche, and Apache, 1867
  2. from twenty-five thousand to thirty thousand dollarsTribal Treaties Database (Oklahoma State University): Treaty with the Kiowa, Comanche, and Apache, 1867
  3. and 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.

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.

  1. 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)

    area 511

  2. 1867

    Land lost

    Part of the land ceded by the Comanche and Kiowa

    By Treaty of Medicine Lodge (Kiowa and Comanche), 1867

    area 511

  3. 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

    area 510

  4. 1867

    Land record

    About 2.9 million acres named in the record

    By Treaty of Medicine Lodge (Kiowa and Comanche), 1867

    area 510

  5. 1867

    Land kept

    About 103,000 acres set aside as a reservation for the Comanche

    By Treaty of Medicine Lodge (Kiowa and Comanche), 1867

    area 512 area 513

  6. 1867

    This treaty

    Signed

    In 1867 the Apache joined the Kiowa and Comanche at Medicine Lodge, sharing their reservation and treaty benefits.

  7. 1868

    This treaty

    Ratified by the Senate

  8. 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:

Native legal and land defense, nationally

Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.

Sources

Sources

  1. 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.