Despite this warning no steps were taken toward a remedy, and in April, 1864, the irritation resulted in a war with the Cheyenne, speedily involving also the Arapaho, Kiowa, Comanche, and Apache, with several bands of the Dakota. The most memorable incident of this war was the massacre of 120 friendly Cheyenne, encamped under the protection of the United States flag, near Fort Lyon, on Sand creek, Colorado, by Colorado militia under Colonel Chivington, on November 29, 1864. Hostilities ended with treaties made with the five tribes chiefly concerned at the mouth of the Little Arkansas (now Wichita, Kansas), in October, 1865, as already noted. Short as the war had been, it had cost the government over $30,000,000 and an unknown number of lives (Report, 22).
From this time the Kiowa, Comanche, and Apache, as tribes, remained quiet, according to the terms of the treaty, but it was otherwise with the more northern Indians, who found themselves subjected to constant aggressions in spite of all agreements. In July, 1866, a war broke out with the Sioux, and in April, 1867, it spread to the Cheyenne and Arapaho. Leading incidents of these campaigns were the massacre of Lieutenant-Colonel Fetterman's whole command at Fort Phil. Kearney, December 21, 1866, and the burning of a large Cheyenne village on the Pawnee fork, by General Hancock, in April, 1867 (Report, 23).
At this stage of affairs Congress appointed a commission to establish peace with the hostile tribes, by first ascertaining their grievances and then making such treaties as would remove the causes of dissatisfaction and afford protection to the frontier settlements, emigrant roads, and railroads by assigning to the tribes reservations where they could remain undisturbed in the future. This commission consisted of N. G. Taylor, president, John B. Sanborn, Samuel F. Tappan, J. B. Henderson, and Generals William S. Harney, Alfred H. Terry, and C. C. Augur. Notwithstanding open war was in progress, they found no difficulty in effecting friendly meetings with the various tribes. In September and October, 1867, the commission held councils with the Sioux and Crows and made treaties with the Cheyenne and Arapaho, and with the Kiowa, Comanche, and Apache, these being the treaties under which the latter tribes hold their present or recent reservations and draw their annuities.
In regard to the Kiowa, Comanche, and Apache, the commissioners state that from the testimony they were satisfied that these tribes had substantially complied with the terms of their treaty made two years before on the Little Arkansas, the only serious violation being the killing of James Box and the capture of his family in western Texas in August, 1866. This is the Set-t'aiñte raid already noted. As excuse for this, the commissioners state, the Indians urged that they supposed an attack on Texas people would be no violation of a treaty with the United States—that as we ourselves had been at war with the people of Texas, an act of hostility on their part would not be disagreeable to us. In regard to numerous other misdeeds credited to these tribes, they state that the evidence pretty clearly demonstrates that the charges were almost entirely without foundation (Report, 24).
After visiting some of the northern bands, the commissioners went to Fort Larned, Kansas, whence they sent messengers to the Cheyenne and Arapaho, Kiowa, Comanche, and Apache, notifying them of their arrival and purpose. They then proceeded to the general tribal rendezvous on Medicine-lodge creek, about the present site of Medicine Lodge, Barber county, Kansas, where they met the Indians, and the treaties were made (see the calendar).
A treaty was first made with the Kiowa and Comanche on October 21, 1867, and by a supplementary treaty made immediately afterward on the same day, the Apache, at their own request, were formally confederated and incorporated with them instead of with the Cheyenne and Arapaho, with whom they had been united by the treaty of the Little Arkansas two years before. The Kiowa, Comanche, and Apache together signed the treaty of confederation, which was proclaimed August 25, 1868. At the same council meeting was made the similar treaty with the Cheyenne and Arapaho, by which those tribes held their late reservation and became entitled to their current annuities. These treaties superseded all previous agreements (Treaties).
The Kiowa, Comanche, and Apache treaty provides for peace and mutual good will, and stipulates that the Indians shall refrain from further attacks on the whites, and withdraw all opposition to the construction of railroads and other roads and the building of military posts in the western country, then or afterward to be authorized by the government. The usual provision is made for an agency, schools, farmers, doctor, blacksmith, etc. Article 6 provides for the selection of farming tracts within the proposed reservation, to be recorded and held as the individual property of such Indians as may desire to become farmers.
Article 2 sets apart for the use of the three confederated tribes their present reservation, bounded on the east by the ninety-eighth meridian, on the south and west by Red river and its Northfork, and on the north by the Washita from the ninety-eighth meridian up to a point 30 miles by river from Fort Cobb, and thence by a line due west to the North fork. All within these bounds is solemnly "set apart for the undisturbed use and occupation of the tribes herein named, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit among them; and the United States now solemnly agrees that no persons except those herein authorized so to do, and except such officers, agents, and employés of the government as may be authorized to enter upon [the] Indian reservation in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, or in such territory as may be added to this reservation, for the use of said Indians."
By article 10 all obligations incurred by the United States under previous treaties are canceled, and instead the government agrees to deliver at the agency, "on the 15th day of October of each year, for thirty years," the equivalent of a full suit of clothing for each Indian man, woman, and child, for which purpose the agent is to make an annual census of the tribes; "and in addition to the clothing herein named, the sum of twenty-five thousand dollars shall be annually appropriated for a period of thirty years" for the judicious purchase of such articles as may seem proper to the condition and necessities of the Indians. Provision is made for the expenditure of a portion of the clothing fund in other ways for the benefit of the Indians, whenever, within the period of thirty years, it might seem advisable, "but in no event shall the amount of this appropriation be withdrawn or discontinued for the period named." All annuity issues were to be made in the presence of an army officer detailed for the purpose, who should inspect and report on the quantity and quality of the goods and the manner of their delivery.
Provision is also made for establishing a sufficient number of schools to continue for a period of not less than twenty years. The Indians agree to surrender all claims to lands outside the reservation as established in article 2, retaining, however, some temporary hunting privileges south of the Arkansas. Several minor details are specified, and by article 12 it is stipulated that no treaty for the sale of any portion of the reservation thus agreed upon shall have force or validity "unless executed and signed by at least three-fourths of all the adult male Indians occupying the same."
The Kiowa signers were ten in number, of whom only Set-ĭmkía was still alive in 1896. Their names were:
Set-ä´ngya, "Sitting-bear" (Satank).
Set-t'aiñte, "White-bear" (Sa-tan-ta).
Gúato-kóñgya, "Black-bird" (Wa-toh-konk, or Black Eagle).
T'ene´-angópte, "Kicking-bird" (Ton-a-en-ko, or Kicking Eagle).
Taká-i-bodal,