Part 7

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 North-fork, 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_, "Spoiled-saddle-blanket" (Fish-e-more, or Stinking Saddle). _Mäñyí-tén_, "Woman-heart" (Ma-ye-tin). _Set-ĭmkía_, "Pushing-bear" (Sa-tim-gear, or Stumbling Bear). _Set-pä´go_, "Lone-bear" (Sit-par-ga, or Sa-pa-ga, or One Bear). _Gaá-bohón_, "Crow-bonnet" (Corbeau, or The Crow). _Set-emâ´-i_, "Bear-lying-down" (Sa-ta-more).

The Apache signers were:

_Babípa_ (Mah-vip-pah, Wolf's Sleeve). _Gúañtekána_ (Kon-zhon-ta-co, Poor Bear). _Chónshitá_ (Cho-se-ta, or Bad Back). -------- (Nah-tan, or Brave Man). -------- (Ba-zhe-ech, Iron Shirt). _Tĭ´l-'lakaí_ (Til-la-ka, or White Horn).

The Comanche signers, of whom only Howia was alive in 1896, were:

_Päriăséaman_, "Ten-elks" (Parry-wah-say-men, or Ten Bears). _Tĭ´pinävón_ (Tep-pe-navon, or Painted Lips). _Tä´sawi_ (To-sa-in, To-she-wi, or Silver Brooch). _Síacĭ´nika_, "Standing-head-feather" (Cear-chi-neka). _Howía_, (Ho-we-are, or Gap in the Woods). _Täyăkwoip_, "Sore-backed-horse" (Tir-ha-yah-guahip, or Horse's Back). _Ĭsanä´naka_, "Wolf-noise" (Es-a-nanaca, or Wolf's Name). _Ätéstisti_, "Little-horn" (Ah-te-es-ta). _Púiwi-tóyäbi_ "Iron-mountain" (Pooh-yah-to-yeh-be). _Sä´riyo_, "Dog-fat" (Sad-dy-yo).

In addition to the signatures of the commissioners the treaty bears the names of a number of witnesses, some of them noted in the pioneer history of the southwest, including Thomas Murphy, superintendent of Indian affairs, J. H. Leavenworth, agent for the three tribes, and Philip McCusker, the interpreter, well known in connection with these tribes until his death in 1885.

RENEWED HOSTILITIES

As no arrangements had yet been made for the removal of the Indians to the south, most of them remained encamped on the Arkansas until June, 1868, when the Cheyenne became involved in difficulty with the military, resulting in their flight southward to the Canadian and Washita. On the return of the unsuccessful war party against the Ute, in which Setdayâ´ite had been killed, as narrated in the calendar for that year (see the calendar), the Kiowa also left the Arkansas and removed to the south, thus anticipating measures by General Sherman to drive all these tribes by military force upon the new reservations assigned them by the late treaty, notwithstanding the fact that neither agency buildings nor agents were yet established on either reservation. In pursuance of this policy, General Sherman, in September, asked to have all issues whatever to any of these tribes withheld until they had concentrated near Fort Cobb on the Washita, and announced that after waiting a sufficient time for them to reach that point he would solicit an order declaring all Indians outside these reservations to be outlaws, "and recommending all people, soldiers, and citizens to proceed against them as such." He also proposed to declare forfeited the hunting privileges outside these boundaries, guaranteed under the treaty. Despite the agent's protest that the Kiowa, Comanche, and Apache had done nothing to deserve such treatment, and the statement of the acting commissioner that Fort Cobb was not on the Cheyenne and Arapaho reservation at all, military operations were begun in September, with this purpose in view, with the result that all five tribes were again involved in war (_Report, 25_).

However peaceable the Kiowa and Comanche may have been on the Kansas frontier at this time, they were insolent enough in the south, for, in addition to raids into Texas, the agent for the Wichita and associated tribes, which had recently been removed to the vicinity of Fort Cobb, reports that they had plundered the Wichita of nearly everything, burned the agency, and forced the employees to leave to save their lives (_Report, 26_).

BATTLE OF THE WASHITA--REMOVAL TO THE RESERVATION

The command of operations in Indian Territory was given to General George A. Custer, who left Fort Dodge, Kansas, with eleven troops of the Seventh cavalry and twelve troops of Kansas volunteers, and after establishing Camp Supply, started on a winter campaign, intending to strike the Indians when they would be least prepared for defense or flight. The result was the "Battle of the Washita," on November 27, 1868, in which the Cheyenne village under Black-kettle was surprised and totally destroyed, one hundred and three warriors, including Black-kettle himself, being killed, a number of prisoners taken, and nearly a thousand ponies captured and shot, thus practically rendering the survivors helpless. The engagement occurred on the south bank of the Washita, in Oklahoma, just above Sergeant-major creek. Most of the Arapaho, Kiowa, Comanche, and Apache were camped below along the river for a distance of several miles; the whole forming the winter camp of the allied tribes. The Kiowa, who were nearest, prepared to attack, but, being taken at a disadvantage, agreed to go with the troops to Fort Cobb, the proposed agency. Instead of doing this, however, the warriors sent their families with their movables in a contrary direction and attempted to slip away themselves in small parties until Custer seized Lone-wolf, the head chief, and Set-t'aiñte, next in authority, and threatened to hang them both unless the absentees delivered themselves at Fort Cobb within two days. This brought matters to a head, and the whole tribe, excepting a band which fled under Woman-heart (_Mäñyí-tén_) toward the Staked plain, came in and surrendered at Fort Cobb within the time specified, about the end of December, 1868. The two chiefs were thereupon set at liberty. Most of the Comanche and Apache had already come in immediately after the Washita fight. The Cheyenne and Arapaho fled to the head of Red river, where they were followed by Custer, and were brought in later to their own reservation (_Custer, 1_; _Record, 1_). As an effective means of holding these tribes in check for the future, Fort Sill was established in the spring of 1869, nearly in the center of the reservation, with the agency for the Kiowa, Comanche, and Apache adjoining.

FURTHER INSOLENCE OF THE KIOWA--RAIDS INTO TEXAS

Although they had been compelled to settle on a reservation, the Kiowa continued their raids into Texas, destroying property, killing white people, and carrying away captives. On one occasion they even attacked the agency at Fort Sill, killed and wounded several men, stampeded the agency cattle and the quartermaster's mules, and defiantly challenged the soldiers to come out and fight. Civil and military officials alike agree that there was not the slightest excuse for these outrages, to which they were encouraged by the Kwáhadi Comanche, who had never yet come in from the Staked plain and who never ceased to ridicule those Indians who had submitted. To put an end to this state of affairs, the Commissioner in 1870 recommended the establishment of a line of posts along the southern boundary of the reservation, and that the Kiowa and Comanche should all be placed under military control until they had learned to behave properly (_Report, 27_).

Affairs went on from bad to worse. In 1871 a large raiding party killed seven men in Texas, torturing one over a fire, and capturing a number of mules. The leaders had the hardihood to boast of their deed in the presence of the agent and General Sherman, who promptly arrested the three most prominent, Set-t'aiñte, Setängya, and Ä´do-eétte or "Big-tree." Setängya (Satank) resisted and was killed. The other two were sent to Texas for trial and punishment (see the calendar).

In 1872 another Commissioner declared that the point had been reached where forbearance had ceased to be a virtue, and again recommended that the three tribes be turned over to the military for punishment. He states that a wholesome example is absolutely necessary to command obedience, asserting that "so long as four-fifths of these tribes take turns at raiding into Texas, openly and boastfully bringing back scalps and spoils to their reservation, efforts to inspire very high ideas of social and industrial life among the communities of which the raiders form so large a part will presumably result in failure." At the same time their agent reports that, although they had come regularly for their rations during the preceding winter and spring, giving repeated assurance of amity and peace, yet so soon as their horses were in condition in summer the Kiowa had gone on the warpath, taking with them a large number of the Comanche and Apache, and within a few months had stolen hundreds of horses and mules, carried off several captive women and children, and killed over twenty persons in Texas, besides others in New Mexico and elsewhere. By withholding rations for three months, he had compelled them to bring in two captives without ransom, and states that he would continue to withhold supplies from them until the other was surrendered. He declared, finally, that the Kiowa and some bands of the Comanche were beyond control by him (_Report, 28_). The calendar for this year (q. v.) also takes note of these raids.

[Illustration: BUREAU OF AMERICAN ETHNOLOGY

SEVENTEENTH ANNUAL REPORT PL. LVIII

PHOTOS BY JACKSON, 1872

GUI-PÄGO OR LONE-WOLF, PRINCIPAL CHIEF, 1866--1874]

[Illustration: Photo by Soule, about 1870

FIG. 46--Set-ängya(Satank) or Sitting-bear]

INTERTRIBAL PEACE COUNCIL, 1872

In the summer of 1872 the general council of the civilized tribes of Indian Territory sent a commission to the wild tribes in the western part of the territory to urge them to a permanent peace among themselves and with the United States. This Indian commission met the chiefs and headmen of the Caddo, Wichita, and affiliated tribes, the Cheyenne and Arapaho, and the Kiowa, Comanche, and Apache, together with their agents, near Fort Cobb, in July and August, and had several talks with them, resulting in a general friendly feeling among the tribes, but without any very substantial outcome in regard to the Kiowa, who demanded the release of Set-t'aiñte and Big-tree as a preliminary to negotiations. They did surrender two white captives, as already stated, but this appears to have been due to the stoppage of rations by the agent rather than to the efforts of the peacemakers. Notwithstanding the rose-colored report of the commission, we learn from the agent that while Kicking-bird, as always, was on the side of peace, White-horse (_Tseñ-t'aiñte_), the notorious raider, declared that the old chiefs might make peace, but he and the young men would raid when they chose, while Lone-wolf, the head chief, declared that they would not make peace or return their captives until Set-t'aiñte and Big-tree were released and the Kiowa reservation extended from the Rio Grande to the Missouri. He modified his terms, however, when he found that all rations and annuities were to be cut off until the captives were unconditionally released (_Report, 29_). About the same time the Kiowa invited the Cheyenne to join them in forming a combination of the southwestern tribes to make war on the whites and effect the release of the imprisoned chiefs, but the Cheyenne refused the proposition (_Report, 30_).

Soon after, in the same year, another commission was sent out from Washington to the same tribes to discuss with them the subject of their own and the government's treaty obligations, and to warn them in plain terms that unless they ceased their raids outside their reservations the military would be directed to begin active operations against them, and that all parties hereafter leaving the reservation to go into Texas would be considered as hostiles to be attacked without inquiry and to be followed into their camps, if necessary, for punishment.

JOINT DELEGATION TO WASHINGTON, 1872

An important object of the commission was to obtain a good representative delegation of the several tribes to visit Washington, with the view of impressing them on the way with the strength of the whites, in order to obtain a better understanding on their arrival. Although the other tribes generally responded promptly and satisfactorily, the Kiowa, as usual, were disposed to be perverse. At last, however, a party, including Lone-wolf, Woman-heart, Red-otter (_Ápeñ-gúadal_), Dohásän (son of the former great chief), Sun-boy (_Paí-tälyí_), Stumbling-bear, and others, met the commission on the Washita and consented to send delegates to Washington on the promise that their imprisoned chiefs, Set-t'aiñte and Big-tree, should be allowed to meet them at some point on the way, or that if five delegates were sent, the prisoners should be allowed to accompany them. A delegation had been selected to start for the east in September, when a rumor came of a movement of troops in the vicinity of their remoter camps, with the result that a number of the assembled Indians stampeded, including several of the promised delegates. The Kiowa delegation, as it finally left, consisted of four men--Lone-wolf, the head chief, Sun-boy, _Gui-k`ate_ ("Wolf-lying down," improperly rendered "Sleeping-wolf") and one other. The Apache delegates were Pacer, Daho, and Gray-eagle.

[Illustration: BUREAU OF AMERICAN ETHNOLOGY

SEVENTEENTH ANNUAL REPORT PL. LIX

PHOTO BY LANNEY, 1892

TSEÑ-T'AIÑTE OR WHITE-HORSE]

[Illustration: Photo by Soule, about 1870

FIG. 47--Tseñ-t'aiñte or White-horse]

[Illustration: Photo by Soule, about 1870

FIG. 48--Ä´do-eétte or Big-tree]

In accordance with the promise, the two imprisoned chiefs were sent on under guard to St Louis, where they were allowed to see and talk with their friends, after which they were returned to the custody of the governor of Texas. The whole delegation, which was the largest and most important that had ever visited Washington, included representatives of all the southern plains tribes, excepting the Cheyenne and the Kwáhadi Comanche of the Staked plain. The latter had never entered into a treaty and refused to be settled on a reservation, although protesting their desire to be at peace. Whatever hopes may have been built on these negotiations, the events of the next two years would seem to prove to have been futile.

[Illustration: BUREAU OF AMERICAN ETHNOLOGY

SEVENTEENTH ANNUAL REPORT PL. LX

PHOTO BY JACKSON, 1872

GUI-K`ÁTE OR SLEEPING-WOLF (WOLF-LYING-DOWN) AND WIFE]

THOMAS C. BATTEY, FIRST TEACHER AMONG THE KIOWA, 1872

In December, 1872, Thomas C. Battey, a Quaker, the first teacher who made any impression on the Kiowa, came among them after a short sojourn with the Caddo, and remained about eight months. Although he accomplished little in the way of education, owing to the restless nomadic habits of the tribe, his influence with Kicking-bird (_T'enéangópte_) probably kept that chief and his band from the warpath in the outbreak of 1874. He has left a most interesting and valuable narrative of his experiences among the Kiowa, who still hold him in friendly remembrance as _Támĭsi_ (see _Battey_).

REPORT OF CAPTAIN ALVORD

The report of Captain Alvord, chairman of the commission, in regard to the Kiowa, is a good summary of the situation as concerns them up to date. He says:

The Kiowas, from their present attitude and their conduct during the last two or three years, demand especial consideration. The tribe numbers about 1,200. In 1868 they barely avoided a serious conflict with the United States troops, and, although the larger part of them were brought to within a reasonable distance of their agency, and suitably located in the spring of 1869, they soon returned to their favorite range between the Wichita mountains and the eastern slope of the Staked Plains, whence unrestrained they have most of the time since made frequent and successful expeditions in different directions, chiefly into Texas. To a certain extent they are subdivided into bands, and the chiefs of these have evinced different degrees of friendship, but it would be impossible to deal with them otherwise than as a tribe.

As already stated, their hostilities of the past year were pursuant to their deliberate decision, and it is safe to state that at least one-half of the terrible scenes of blood, fire, and pillage which they have caused have never yet been reported to the Department. The cold-blooded murders of inoffensive persons known to have been committed by them within two years approach a hundred, and they have now in their herds not less than a thousand stolen horses and mules, including over two hundred taken within a few months from the troops and agencies in their vicinity.

Lately they have yielded to a demand made upon them and given up the only white captives known to be among them, and there is no doubt that the present delegation, with the man at its head acknowledged as the principal chief of the tribe, will make every profession of friendship in the future and be anxious to cry quits and begin anew on peace terms. Nevertheless, while I desire to give this people all the credit they deserve, the opinion is very positively expressed that these apparently friendly acts on their part are no guarantees for the future, but simply repetitions of their conduct every autumn, when it is highly important to them to place themselves in position to receive during the winter months the material aid in subsistence and clothing afforded by the government. Gladly will they offer this fall certain terms of peace, but these will be found wholly in their favor--entire forgiveness for all past offenses, the possession of the greater portion of their stolen property, and full restoration to the rights and privileges of the plains Indians in general. But the promises of future good conduct will be utterly worthless, and, these terms granted, there will be every prospect of a renewal of their depredations as soon as the early grass recuperates their stock and they find themselves able to subsist on the prairies.