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Partly-printed DS as president, one page, 8.5 x 11, August 12, 1868. President Johnson directs the Secretary of State to affix the Seal of the United States to “my proclamation announcing the ratification of a Treaty made and concluded with the Crow tribe of Indians on the 7th day of May, 1868.” Signed at the conclusion by Andrew Johnson. The document is affixed by its left edge inside a presentation folder that also contains a printed copy of the ‘Treaty with the Crows, 1868.’ In very good to fine condition, with light rippling, a short tear, and a paperclip impression, all to the top edge.
In the spring of 1868, eleven Crow chiefs traveled to what is today southeastern Wyoming (Dakota Territory at the time) to meet with officials representing the United States government. On May 7th, the Crow delegation agreed to conditions specified by the government and later that year the U.S. Senate and President Johnson ratified what is today known as the Fort Laramie Treaty of 1868, or the 1868 Treaty with the Crow Indians. In addition to establishing an eight million-acre Crow Reservation (the first with definite legal boundaries), situated entirely in what was then the Territory of Montana, the treaty recognized a tribal right to hunt on ‘all unoccupied lands of the United States.’
However, for more than a century, the State of Wyoming refused to recognize Crow Tribe treaty hunting rights. The question finally reached the U.S. Supreme Court, which held in 2019 in Herrera v. Wyoming that the Crow Tribe’s off-reservation treaty hunting rights remain intact. Nevertheless, in the two and a half years since the Supreme Court’s decision, the State has argued that earlier decisions from lower courts meant that Crow Tribe members could not assert their rights. In effect, the State tried to nullify the Supreme Court’s decision.
On December 3, 2021, the Wyoming District Court for the Fourth Judicial District held that Crow Tribe treaty hunters may assert their treaty rights as a defense to prosecution. The decision rightly held that the U.S. Supreme Court’s decision changed the legal landscape and that Wyoming could no longer prevent Crow Tribe hunters from asserting their treaty rights based solely on older, lower-court decisions.
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