Diplomacy and Peacemaking

Apache Treaties: A Complex System of Negotiations and Agreements

An overview of agreements Apache groups made with Spain, Mexico and the United States, and why many were broken, misunderstood or never ratified.

On this page
  1. Many agreements, not one
  2. Spain and the peace settlements
  3. Mexico
  4. The United States
  5. Why agreements broke down
  6. Apache perspectives
  7. Reading the record

Many agreements, not one

There was no single Apache treaty. Different Apache groups, led by different men and acting for their own local communities, made separate agreements with Spanish, Mexican and United States authorities at different times. Because no single leader spoke for all Apache peoples, an agreement made by one group did not automatically bind another, and officials who assumed otherwise often misunderstood the situation. Terms of individual agreements are not set out here beyond what is well documented.

Spain and the peace settlements

Spanish authorities in the borderlands pursued, at various points, both military campaigns and negotiated peace. Late in the colonial period, a policy of establishing peace settlements near presidios offered rations and sometimes other goods to Apache people who agreed to live nearby and keep the peace. The policy is generally dated to the late 1700s and early 1800s, and historians describe it as having brought long stretches of reduced conflict in some areas. It also drew criticism from some Apache people who did not join and from Spanish officials who disagreed about its cost. Not every group took part, and it was never uniform across the frontier.

Mexico

After Mexican independence in 1821, the arrangements inherited from Spain strained, partly because supplies and funds to maintain rations became harder to sustain. Mexican states such as Sonora and Chihuahua dealt with Apache groups in different ways at different times, including negotiated agreements and also policies of violence and bounty. The pattern of Sonora and Chihuahua raids and reprisals is a separate topic, and treaty-making in that period was often short-lived and local. Because these arrangements were negotiated by state or local officials, their meaning and duration varied.

The United States

After the United States gained territory in the Southwest in the late 1840s, its officials made treaties and agreements with Apache groups. A treaty signed at Santa Fe in 1852 is among the early ones, and further efforts in the 1850s involved groups such as the Mescalero, the Jicarilla and bands in the Gila region. A number of these 1850s treaties are described in standard histories as never having been ratified by the United States Senate, which means they did not become binding as formal treaties even though Apache people had agreed to terms in good faith. Readers should check a detailed legal history or the National Archives records for the exact status of any named treaty, since this overview does not list terms.

Formal treaty-making with Native nations ended in 1871, when Congress ended the practice of making new treaties, and later arrangements took the form of agreements, executive orders and statutes. Land for reservations was often set aside by executive order and later changed, which meant that boundaries could shift without negotiation. The agreement reached by Cochise and General Oliver O. Howard in 1872, which led to a reservation for the Chiricahua in southeastern Arizona, is a well-known example of a negotiated arrangement outside the treaty system. That reservation was later abolished, and the Chiricahua were moved.

Why agreements broke down

Historians point to several recurring causes. These are patterns, not an exhaustive list.

  • Ratification. Some agreements were never approved by the body with authority to approve them, so promises made in the field could not be kept.
  • Authority. Officials treated a leader as speaking for more people than he did, and Apache leaders could not command followers who had not agreed.
  • Language and interpretation. Interpreters were often limited and meanings were disputed, so each side could leave with a different understanding.
  • Supplies. Promised food, clothing or goods were sometimes late, short or withheld, and hardship followed.
  • Settlers and local pressures. Miners, ranchers and settlers moved into agreed lands, and violence by individuals on either side could end an agreement, with the Bascom affair of 1861 often cited as an example of a conflict that began with a failed encounter.
  • Changing policy. Governments changed course, and a promise made by one administration was not always honored by the next.

Apache perspectives

Apache communities have their own accounts of these events, and these often differ from official records. The settlement of land and rights that followed in later decades, including claims for lost land, belongs to a separate story, and the work of the Indian Claims Commission is described in its own article. For the present-day status of any agreement, readers should consult the nation’s official website or a qualified legal source; nothing here is legal advice.

Reading the record

Treaty texts survive in government publications, but the conversations behind them mostly do not, except through the notes of officials. The same applies to sources on the Apache treaties and negotiation more broadly: they were usually written by one party. Careful readers compare them with oral tradition and with later scholarship before accepting any account as complete.

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