Box Elder Treaty facts for kids

The Box Elder Treaty is an important agreement between the Northwestern Shoshone people and the United States government. It was signed on July 30, 1863. This treaty came after a difficult time of fighting, including a terrible event called the Bear River Massacre on January 29, 1863. For many years, the treaty didn't seem to have much effect. But in 1968, the United States finally paid the Northwestern Shoshone for their land. They received about 50 cents for each acre.

Why the Treaty Happened

The Shoshone nation was very large. About ten groups of Shoshone people lived in the "Northwest" area. They followed a leader named Chief Bear Hunter. These people knew how to live in the desert. They moved from place to place during different seasons to find food and resources.

New trails like the California Trail and the Oregon Trail brought many white settlers into Shoshone lands. Also, Mormon pioneers began settling in the area. This caused a lot of conflict between the Shoshone and the newcomers. The Shoshone sometimes attacked white immigrants. This usually happened when settlers went deep into Shoshone territory.

The U.S. military, led by Patrick Edward Connor, started fighting the Shoshone around October 1860. They killed about 14 or 15 Native Americans. This was in response to a reported attack on a wagon train. More Native Americans were taken hostage and then killed. This happened when they couldn't find the people responsible for the wagon attack. Fighting continued between the two groups. Mormon settlers generally didn't like the military's actions. But they also became afraid of the violence. They even killed a Native American in Brigham City after a disagreement. Life for the Shoshone quickly became very hard.

The U.S. military then launched a huge attack. On January 29, 1863, they found many Native Americans at Bear River. The exact details of the battle are not fully known. U.S. troops used cannons, rifles, and pistols. They killed several hundred Native Americans, including women and children. This event is now known as the Bear River Massacre.

This terrible killing had a huge impact on the Native American people of the Great Basin. It forced many groups to agree to treaties in 1863. White settlers in the Great Basin accused the Shoshone group led by Chief Pocatello of being hostile. Some stories say Pocatello had been hostile since 1860. This was when settlers in a wagon train killed his father.

James Duane Doty and General Patrick Edward Connor were the main negotiators for the United States. Chief Pocatello was the main negotiator for the Native American groups. Some of the groups who signed the treaty had very few members left after the events of January.

What the Treaty Said

The Box Elder Treaty called for peaceful relations between the Shoshone and the United States. The U.S. promised to pay the Shoshone $5,000 each year. This payment was to make up for the "utter destitution" caused by the war. The treaty also recognized the land claim of Chief Pocatello and his people. This land was "bounded on the west by the Raft River and on the east by the Porteneuf Mountains."

Articles of agreement made at Box Elder, in Utah Territory, this thirtieth day of July, A. D. one thousand eight hundred and sixty-three, by and between the United States of America, represented by Brigadier-General P. Edward Connor, commanding the military district of Utah, and James Duane Doty, commissioner, and the North Western Bands of the Shoshonee Indians, represented by their chiefs and warriors:

• Article I. It is agreed that friendly and amicable relations shall be reestablished between the bands of the Shoshonee Nation parties hereto, and the United States; and it is declared that a firm and perpetual peace shall be henceforth maintained between the said bands and the United States.
• Article II. The treaty concluded at Fort Bridger on the 2nd day of July 1863, between the United States and the Shoshonee Nation, being read and fully interpreted and explained to the said chiefs and warriors, they do hereby give their full and free assent to all of the provisions of said treaty, and the same are hereby adopted as a part of this agreement, and the same shall be binding upon the parties hereto.
• Article III. In consideration of the stipulations in the preceding Articles, the United States agree to increase the annuity to the Shoshonee Nation five thousand dollars, to be paid in the manner provided in said treaty. And the said Northwestern Bands hereby acknowledge to have received of the United States, at the signing of these articles, provisions and goods to the amount of two thousand dollars, to relieve their immediate necessities—the said bands having been reduced by the war to a state of utter destitution.
• Article IV. The country claimed by Pokatello for himself and his people is bounded on the west by Raft River and on the east by the Porteneuf Mountains.

Done at Box Elder, this thirtieth day of July, A. D. 1863.

Signatories to the Box Elder Treaty.

Treaty Approval and Changes

The U.S. Congress approved the treaty. But they added an extra article, Article V. This article said that the treaty didn't give the Native American tribes any more rights to the land than they already had under Mexican law. This change went against the Shoshone's land claim. Their claim had never been part of Spanish or Mexican law. President Lincoln announced the treaty publicly on January 17, 1865.

What Happened After the Treaty

After the treaty was signed, most of the Northwestern Shoshone gathered in the Cache Valley and Box Elder County. The U.S. successfully moved many of them to the Fort Hall Indian Reservation in Idaho. This reservation was created in 1868. Other Shoshone people became Mormons. They blended into the settler culture in Utah.

Native Americans were forced out of areas they tried to settle. These areas were supposedly their own territory. More white immigration destroyed the natural environment they relied on. This made their traditional nomadic way of life impossible. They were resettled on a 500-acre piece of land in Box Elder County. This land was owned and managed by The Church of Jesus Christ of Latter-day Saints (LDS Church). Later, they were encouraged to move to the Fort Hall Reservation.

Help for the Shoshone came not from the U.S. government. Instead, it came from the LDS Church, which is based in Salt Lake City.

In 1949, Chief Pabawena wrote to Utah Senator Arthur V. Watkins. He reported: "We are the northwestern band of the Shoshone pretty poor conditions and their childrens starving there fathers no work everything pretty hard for us no money."

Later in 1949, he wrote again: "We are have received no anything from the Government since the treaty was made in Box Elder treaty on July 30, 1863."

Legal Actions in the U.S.

From 1927 to 1929, the U.S. Congress passed a law. This law allowed the United States Court of Claims to hear arguments from the Northwestern Shoshone.

The Northwestern Shoshone filed a lawsuit in 1930. They claimed the U.S. had broken promises made in the treaty. In 1942, the Court of Claims rejected their claim. The U.S. first told the Shoshone they were owed $10,800.17. But this decision was changed. The U.S. then said it had already spent money on Native American affairs.

Court Case: Northwestern Shoshone v. United States

The Supreme Court took the case. In 1945, they ruled in Northwestern Shoshone v. United States 324 U.S. 324 / 335 /case.html 335 ( 1945 ). The Court said the Box Elder Treaty was a "treaty of friendship." This meant it was not a binding legal agreement.

The Court's decision was close, 5-4. Justice Stanley F. Reed wrote for the majority. He said the people who signed the treaty "did not intend" to respect the Shoshone's land rights. The majority opinion stated that the original signers were dead. The situation of their descendants was difficult. White people had a "moral obligation" to help. But they did not have a legal obligation under the treaty.

Justice Robert H. Jackson agreed with the decision. He wrote that the 1929 law did not mean money should be paid directly to Native American groups.

Justices William O. Douglas and Frank Murphy wrote dissenting opinions. This means they disagreed. Douglas argued that by 1863 standards, the land agreement in the Box Elder Treaty "could hardly have been plainer."

The American Civil Liberties Union criticized the ruling. They called it a restriction of rights based on "dubious technical grounds."

Indian Claims Commission Decision

The Indian Claims Commission later recognized the claim as valid. They did this through the 1868 Fort Bridger Treaty. On February 13, 1968, the Commission found that 38,319,000 acres had been wrongly taken from the Northwestern Shoshone. After subtracting land given by the Fort Hall Reservation and Wind River Reservation, they awarded $15,700,000. This was a price of just under 50 cents per acre.

Efforts to End Special Status

In 1957, Senator Watkins and other members of Congress tried to "terminate" the special relationship with the Northwestern Shoshone. This would have ended their status as a sovereign group. But the Northwestern Shoshone fought hard to keep their sovereignty. They successfully avoided the termination that happened to other groups.