Fort Bridger Treaty of 1868 (Eastern Shoshone and Bannock)
The 1868 Fort Bridger treaty set the Wind River Reservation for the Eastern Shoshone and promised the Bannock a reservation of their own.
- Signed
- July 3, 1868
- Senate
- Ratified February 16, 1869
- Land given up
- about 45 million acres
- Land set aside for the nations
- about 4.4 million acres
- Promises
- 1 of 1 broken or only partly kept
What happened
What happened
On July 3, 1868, at Fort Bridger, Utah Territory, U.S. commissioners signed a treaty with chiefs and headmen of the eastern band of the Shoshone and the Bannock. Article 2 set apart a district in the Wind River country, described from the mouth of Owl Creek to the Wind River Mountains, for the "absolute and undisturbed use and occupation" of the Shoshone. The Bannock were promised a reservation "in their present country," to include reasonable portions of the "PortNeuf" and "Kansas Prairie" countries, whenever they wanted one or the President thought it advisable. Both tribes relinquished claims to other U.S. territory.
The Supreme Court said in 1937 that in this treaty the Shoshone relinquished a reservation of 44,672,000 acres in Colorado, Utah, Idaho and Wyoming and accepted one of 3,054,182 acres in Wyoming. The Court said the Shoshone's loyalty had been "conspicuous and unfaltering." In that case it held that the United States had taken tribal land when it placed the Northern Arapaho on the Wind River Reservation in 1878, and that just compensation was owed.
The tribes kept the right to hunt on the unoccupied lands of the United States while game could be found and peace held. In Ward v. Race Horse (1896) the Court held that a Shoshone-Bannock hunting right ended when Wyoming became a state. In Herrera v. Wyoming (2019), it held that a Crow hunting right with the same language did not, and said Race Horse is repudiated to the extent it held that treaty rights can be impliedly extinguished at statehood.
What was promised, and what happened
- Partly kept
No one except authorized persons would ever settle on or pass through the Wind River district. (Art. 2)
a band of Northern Arapahoes was brought to the Reservation of the Shoshones under military escort
law.cornell.edu
Good to know. The treaty database prints ratification as February 26, 1869 and proclamation as February 24, 1869, which cannot both be right.
Summarized with AI assistance from 5 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
Supported by the sources below; some details rest on one source.
they shall have the right to hunt on the unoccupied lands of the United States so long as game may be found thereon
Tribal Treaties Database (Oklahoma State University): Treaty with the Eastern Band Shoshoni and Bannock, 1868he shall cause a suitable one to be selected for them in their present country
Tribal Treaties Database (Oklahoma State University): Treaty with the Eastern Band Shoshoni and Bannock, 1868relinquished to the United States a reservation of 44,672,000 acres in Colorado, Utah, Idaho, and Wyoming
Shoshone Tribe v. United States, 299 U.S. 476 (1937)a band of Northern Arapahoes was brought to the Reservation of the Shoshones under military escort
Shoshone Tribe v. United States, 299 U.S. 476 (1937)The Crow Tribe’s hunting rights under the 1868 Treaty did not expire upon Wyoming’s statehood.
Herrera v. Wyoming, 587 U.S. 329 (2019)
Research notes. The OSU page prints 'Ratified Feb. 26, 1869 | Proclaimed Feb. 24, 1869', which is internally inconsistent, so no ratification date is given here. Ward v. Race Horse is described as the 2019 Herrera opinion describes it.
What the treaty did to the land
About 45 million acres given up. about 4.4 million 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.
ceded to the United Statesabout 45 million acres
Land of the Bannock and Shoshoni in several states, ceded 1868 (area 520)
Given up by the Shoshoni and Bannock in the July 1868 Fort Bridger treaty, which gave up their right to all land outside their reservation.
set aside as a reservationabout 2.3 million acres
Land of the Shoshoni in Wyoming, recorded 1868 (area 540)
Set apart as the Shoshoni's Wind River reservation in 1868 and kept after they ceded the southern part in 1872; a small military reservation for Fort Washakie was carved out in 1887.
recognized as Native landabout 1.2 million acres
Land of the Bannock, Coeur d'Alene and others in Idaho, ceded 1888 (area 524)
Set up as the Fort Hall reserve in Idaho by executive orders of 1867 and 1869 under the 1868 treaty; only 1,840 acres for railroads were given up (1888), and an 1889 Lemhi cession was never carried out.
set aside as a reservationabout 900,000 acres
Land of the Shoshoni in Wyoming, ceded 1872 (area 539)
The southern part of the Wind River reservation set apart for the Shoshones in 1868, ceded in a September 1872 agreement that Congress ratified in 1874.
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.
- 1867
Land kept
About 1.2 million acres set aside as a reservation for the Bannock, Coeur d'Alene and others
The 1899 record: “President establishes a reserve known as Fort Hall reserve, on Snake river”
- 1868
This treaty
About 45 million acres ceded to the United States by the Bannock and Shoshoni. About 3.2 million acres set aside as a reservation for the Shoshoni. About 1.2 million acres recognized as land of the Bannock, Coeur d'Alene and others
The 1868 Fort Bridger treaty set the Wind River Reservation for the Eastern Shoshone and promised the Bannock a reservation of their own.
- 1869
This treaty
Ratified by the Senate
- 1869
Land kept
About 1.2 million acres set aside as a reservation for the Bannock, Coeur d'Alene and others
The 1899 record: “President establishes Fort Hall reserve as the one contemplated by treaty of July 3, 1868”
- 1872
Land record
Earlier terms confirmed for the land of the Shoshoni
The 1899 record: “Retain remainder of their reservation which constitutes the present Wind River reservation”
- 1872
Land lost
About 900,000 acres ceded to the United States by the Shoshoni
The 1899 record: “Cede a portion of reservation (subject to approval of Congress) established for them by treaty of July 3, 1868”
- 1874
Land record
Earlier terms confirmed for the land of the Shoshoni
The 1899 record: “Ratifies agreement of Sept. 26, 1872, for cession of part of reservation established by treaty of July 3, 1868”
- 1874
Land record
Earlier terms confirmed for the land of the Shoshoni
The 1899 record: “Ratifies agreement of Sept. 26, 1872, for cession of part of reservation established by treaty of July 3, 1868”
- 1887
Land record
About 2.3 million acres named in the record
The 1899 record: “The President sets apart as the Wind River military reservation for Fort Washakie the following lands”
- 1888
Land lost
Part of the land ceded by the Bannock, Coeur d'Alene and others
The 1899 record: “Congress ratifies agreement by which said Indians surrender the following lands, all of which are contained in T. 6 S., R. 34 E., of Boise meridian”
- 1889
Land record
About 1.2 million acres named in the record
The 1899 record: “Confirms agreement to cede to U. S. for the use of the Lemhi Indians the following lands”
- 1896
In court
Ward v. Race Horse
In 1896 the Court held that a Bannock treaty hunting right gave no exemption from Wyoming's game laws after statehood.
- 1937
In court
Shoshone Tribe v. United States
In 1937 the Court held that settling Arapahoes on the Shoshone reservation was a taking for which the Shoshones were owed just compensation.
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
claims
The 1946 Indian Claims Commission let tribes press land and treaty claims against the United States for money, as in the Sioux case.
Legal doctrine
recognized title
Where Congress by treaty or statute recognized that Indians would hold land permanently, taking it requires compensation, as in the Sioux Nation case.
Legal doctrine
takings
Native land held by treaty must be paid for if taken (Sioux Nation, 1980), but unrecognized 'Indian title' is not compensable (Tee-Hit-Ton, 1955).
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
reserved rights
Treaties are 'a grant of right from' tribes, not to them: reserved hunting and fishing rights survived cessions, statehood and even termination.
Legal doctrine
statehood
The Court once said a state's admission ended a tribe's treaty hunting right; Mille Lacs (1999) and Herrera (2019) rejected that reasoning.
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:
- Shoshone-Bannock Tribes of the Fort Hall Reservation
- Eastern Shoshone Tribe of the Wind River Reservation, Wyoming
- Northwestern Band of the Shoshone Nation
- Te-Moak Tribe of Western Shoshone Indians of Nevada (Four constituent bands: Battle Mountain Band; Elko Band; South Fork Band; and Wells Band)
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/179036097reference work
Research notes
Dates per Wikipedia (pointer); Kappler page. Described there as the last treaty council to establish a reservation. Ratification detail: 1869-02-16 (Senate); proclaimed 1869-02-24
Shapes are approximate and are not legal descriptions of land, title or jurisdiction.