Violation

Fort Wise (1861), Sand Creek (1864) and the Little Arkansas reparations (1865)

Not yet reviewed by this nation. What follows comes from public records and research. It does not speak for the nation.

Fort Wise (1861) shrank Cheyenne and Arapaho land; the Sand Creek Massacre (1864) killed over 230, NPS says; the 1865 reparations were never paid.

Treaty
Treaty of Fort Wise, 12 Stat. 1163; Treaty of the Little Arkansas, 14 Stat. 703
Nations
Southern Cheyenne and Arapaho (Cheyenne and Arapaho Tribes of Oklahoma); Northern Cheyenne descendants
When
1864-1867
Land affected
Treaty territory in Colorado (Fort Wise), lives (Sand Creek), and promised reparation lands.
Acreage
Reparation grants promised: 4 x 320 acres + 160 acres per eligible person (treaty text)

What happened

Under the Treaty of Fort Wise (February 1861), the chiefs who signed ceded "all lands now owned, possessed, or claimed by them" except a reserve on the Arkansas River. The United States promised to protect the Arapaho and Cheyenne on it "during good behavior" and to pay $30,000 a year for fifteen years. The National Park Service (NPS) says only a few chiefs were present at the negotiations, that a majority of Cheyenne and Arapaho chiefs refused to sign, and that after ratification the treaty was applied to all the Cheyenne and Arapaho people.

Many would not move onto the reserve. On November 29, 1864, Colorado volunteer troops under Col. John Chivington attacked a Cheyenne and Arapaho village at Sand Creek. The NPS timeline says the soldiers massacred over 230 Cheyenne and Arapaho, including about 150 women, children, and elderly, and mutilated many of the bodies. Other accounts give different numbers. Congress ordered an investigation in January 1865, and the War Department set up a military commission on Chivington's conduct. The 1865 Treaty of the Little Arkansas, in Article 6, says the United States wished to "repudiate the gross and wanton out-rages" at Sand Creek. It promised land grants to named chiefs and to widows and orphans of the bands, plus payment for destroyed property.

The NPS timeline states that the promised reparations "are never paid." The NPS timeline says the 1865 treaty also removed Colorado from Cheyenne and Arapaho treaty lands, and that the Medicine Lodge Treaty replaced it in October 1867. Sand Creek Massacre National Historic Site was dedicated April 28, 2007.

Good to know. Sand Creek death tolls vary widely by source; the figure here is the National Park Service's. Most chiefs refused to sign Fort Wise, but it was applied to all.

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. do hereby cede and relinquish to the United States all lands now owned, possessed, or claimed by them, wherever situated, except a tractTreaty with the Arapaho and Cheyenne, 1861 (Fort Wise), OSU Tribal Treaties Database
  2. repudiate the gross and wanton out-rages perpetrated against certain bands of Cheyenne and Arrapahoe IndiansTreaty with the Cheyenne and Arapaho, 1865 (Little Arkansas), OSU Tribal Treaties Database
  3. Article 6 of the treaty promises the payment of reparations to survivors, but these promised reparations are never paid.Timeline, Sand Creek Massacre National Historic Site (National Park Service)

Research notes. Death toll: NPS says over 230; the input cites a range of 70 to over 600 from tertiary sources. I used the NPS figure and noted that others differ. 'How' is coded coercion_or_fraud because of the disputed authority to sign Fort Wise; the sources I read say a majority of chiefs refused, but I could not open a source for the 'Council of 44' claim in the input and omitted it. The input says the Senate struck Chivington's name from the 1865 treaty and that the United States abrogated the treaty within two years: not verified here. The 2014 apology and 2022 acreage addition were not rechecked beyond what NPS lists (the 2022 acreage is omitted). Cheyenne and Arapaho Tribes' own accounts were not consulted. Sand Creek burial or ceremonial sites are not described.

Treaty or agreementTreaty under documented pressureShapes from the 1899 federal record: approximate, not legal boundaries.

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Connections

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Nations named 4

Located in 3

Concerns the instrument 2

Policy era 1

Sources

  1. en.wikipedia.org/wiki/Sand_Creek_massacrepointer
  2. govinfo.gov/content/pkg/STATUTE-12/pdf/STATUTE-12-Pg1163.pdfprimary record
  3. govinfo.gov/content/pkg/STATUTE-14/pdf/STATUTE-14-Pg703.pdfprimary record
The record’s fields
What happened
Fort Wise (1861), Sand Creek (1864) and the Little Arkansas reparations (1865) -- Fort Wise (signed Feb. 18, 1861; ratified with amendment; proclaimed Dec. 5, 1861) ceded most of the 1851 treaty lands except a reserve on the Arkansas, with $450,000 in annuities over 15 years; Wikipedia states the treaty never had the approval of the Council of 44 (disputed authority). On Nov. 29, 1864, Col. John Chivington's Colorado volunteers attacked a Cheyenne and Arapaho village at Sand Creek; estimates run 70 to over 600 killed, most commonly about 150, about two-thirds women and children. Two military inquiries and a congressional joint committee condemned Chivington; no one was prosecuted. In the Little Arkansas treaty (Oct. 14, 1865), Article VI condemned the attack and promised 320 acres each to four chiefs and 160 acres to each widowed or orphaned person from those bands, plus compensation for property destroyed. The Senate struck Chivington's name. Wikipedia reports the United States abrogated the treaty within two years and ignored its major provisions; the Medicine Lodge treaty (1867) cut reservation lands by about 90 percent.
Legal aftermath
Reparations: no verified payment in sources read (status). Sand Creek Massacre National Historic Site dedicated Apr. 28, 2007; Colorado Gov. Hickenlooper apologized Dec. 3, 2014; about 3,478 acres added to the site in Oct. 2022 for tribal protection (per Wikipedia).unverified
Kind
Violation
Confidence
High
Nation review
Not yet reviewed by this nation
Notes
  • Some details are disputed

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