All treaties and agreements

Great BasinTreaty

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

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.

  1. they shall have the right to hunt on the unoccupied lands of the United States so long as game may be found thereonTribal Treaties Database (Oklahoma State University): Treaty with the Eastern Band Shoshoni and Bannock, 1868
  2. he shall cause a suitable one to be selected for them in their present countryTribal Treaties Database (Oklahoma State University): Treaty with the Eastern Band Shoshoni and Bannock, 1868
  3. relinquished to the United States a reservation of 44,672,000 acres in Colorado, Utah, Idaho, and WyomingShoshone Tribe v. United States, 299 U.S. 476 (1937)
  4. a band of Northern Arapahoes was brought to the Reservation of the Shoshones under military escortShoshone Tribe v. United States, 299 U.S. 476 (1937)
  5. 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.

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. 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”

    area 524

  2. 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.

  3. 1869

    This treaty

    Ratified by the Senate

  4. 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”

    area 524

  5. 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”

    area 540

  6. 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”

    area 539

  7. 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”

    area 539

  8. 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”

    area 539

  9. 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”

    area 540

  10. 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”

    area 524

  11. 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”

    area 524

  12. 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.

  13. 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:

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/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.