Violation

Medicine Lodge (1867) and Lone Wolf v. Hitchcock (1903): allotment without the promised three-fourths consent

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

The 1867 treaty required three-fourths approval for land cessions; the Secretary reported fewer signed, and the Court let Congress act anyway.

Treaty: Treaty with the Kiowa and Comanche (Medicine Lodge), 15 Stat. 581
Nations: Kiowa, Comanche, Plains Apache (Kiowa-Comanche-Apache Reservation)
When: 1892-1903
Land affected: Reservation land allotted and 'surplus' opened to settlement.

What happened

Article 12 of the Medicine Lodge treaty with the Kiowa and Comanche (concluded in 1867) said no cession of any part of their reservation would be valid "unless executed and signed by at least three-fourths of all the adult male Indians occupying the same."

On October 6, 1892, 456 male adult members of the confederated tribes signed an agreement with three U.S. commissioners. It provided for allotments to individuals and two million dollars for the leftover "surplus" land. In 1899 the Secretary of the Interior told the Senate that "less than three fourths of the male adults appear to have so signed." Plaintiffs also alleged fraud and that Congress amended the deal without resubmitting it to them. Congress gave the agreement effect in an act of June 6, 1900, which allotted land and opened the rest to settlement. The plaintiffs' bill describes the land opened to settlement as two million acres.

In Lone Wolf v. Hitchcock (decided January 5, 1903), the Supreme Court held that Congress had "plenary authority over the tribal relations of the Indians," that this power was political and not controlled by the courts, and that "the power exists to abrogate the provisions of an Indian treaty." The Court presumed Congress acted in good faith and said courts could not question its motives.

Good to know. The two million acres is the plaintiffs' figure in the lawsuit, not a finding by the Court.

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.

unless executed and signed by at least three-fourths of all the adult male Indians occupying the sameTreaty with the Kiowa and Comanche, 1867 (OSU Tribal Treaties Database)
The power exists to abrogate the provisions of an Indian treatyLone Wolf v. Hitchcock, 187 U.S. 553 (1903) (Library of Congress, U.S. Reports)
less than three fourths of the male adults appear to have so signed.Lone Wolf v. Hitchcock, 187 U.S. 553 (1903), statement of the case (Library of Congress)

Research notes. Acreage: the Court's own text states 'two million acres' only as the plaintiffs' allegation, and 2,150,000 acres as the commission's estimate of suitable surplus; I present both as such rather than as a finding of land taken. The input's 'plenary power ... courts cannot inquire into motives' is confirmed in the syllabus and opinion. The input's 'ratified July 25, 1868; proclaimed Aug. 25, 1868' and 'alleged fraudulent' were not separately verified; the opinion describes allegations of non-signing and unresubmitted amendments. The Kiowa, Comanche and Apache nations' own accounts were not consulted.

Treaty or agreementShapes from the 1899 federal record: approximate, not legal boundaries.

Who is doing the work

This history belongs to living nations. Start with them:

Land return and Native-led work nearby

Cheyenne and Arapaho Tribes Nation government Seeking return of about 6,700 acres at Fort Reno

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.

Connections

These links were matched automatically by name or date and have not yet been reviewed by a person.

Nations named 3

Taken to court in 2

Sources

treaties.okstate.edu/treaties/treaty-with-the-kiowa-and-comanche-1867-0977reference work
supreme.justia.com/cases/federal/us/448/371/legal text copy
govinfo.gov/content/pkg/STATUTE-15/pdf/STATUTE-15-Pg581.pdfprimary record
supreme.justia.com/cases/federal/us/187/553/legal text copy

The record’s fields

What happened: Medicine Lodge (1867) and Lone Wolf v. Hitchcock (1903): allotment without the promised three-fourths consent -- Article 12 of the 1867 treaty (concluded Oct. 21, 1867; ratified July 25, 1868; proclaimed Aug. 25, 1868) said no cession of reservation land was valid unless signed by at least three-fourths of all adult male Indians occupying it. An 1892 allotment-and-cession agreement fell short of that threshold, was alleged fraudulent, and was altered by Congress; the Act of June 6, 1900 gave it effect. In Lone Wolf v. Hitchcock (Jan. 5, 1903) the Court held Congress has plenary authority over tribal relations, that this power is political and not subject to judicial control, that Congress may abrogate treaty provisions, and that courts cannot inquire into its motives.
Acreage: about 2 million acres opened in 1901 (not in sources read)not yet checked against a source
Legal aftermath: Lone Wolf is the foundational plenary-power case, still cited. Its presumption of congressional good faith was held inapplicable where Congress takes recognized-title property and must pay just compensation (Sioux Nation, 1980).

Kind: Violation
Confidence: High
Nation review: Not yet reviewed by this nation
Notes: Some details not yet checked against a source

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