Event of 1868: General William Tecumseh Sherman brokers the Treaty of Fort Laramie, between the

Background. The 1851 Treaty of Fort Laramie failed due to US violations, including miner migration and the Grattan massacre, sparking conflict. By 1866, open war erupted between Sioux, Cheyenne, Arapaho, and whites. The 1868 negotiations were initiated to replace the ineffective 1851 treaty, addressing disputes over hunting grounds and safe passage through the Bozeman Trail.

Negotiation and Signing. The Indian Peace Commission arrived at Fort Laramie in April 1868. Commissioners negotiated terms, though unstated provisions regarding land outside reservations were assumed, with Sherman's influence noted in the context of hide hunters. The treaty was signed between April and November 1868, with Red Cloud as a final signatory. The commission dissolved in October, recommending no further treaties with tribes.

Aftermath and Legal Legacy. The US Senate ratified the treaty on February 16, 1869, though one source gives conflicting dates of ratification February 16, 1868 and proclamation February 24, 1868. Congress modified the treaty three times between 1876 and 1889, each time taking more land originally granted, including unilaterally seizing the Black Hills in 1877. On June 30, 1980, the US Supreme Court ruled that the government had illegally taken Black Hills land granted by the 1868 treaty, by unlawfully abrogating article two during negotiations in 1876 while failing to achieve the signatures of two-thirds of the adult male population required to do so. The treaty also formed the basis of that 1980 Supreme Court case, and later amendments lacking the required agreement of three-fourths of adult males have been deemed invalid under the 1868 terms.