Summarizing the results of such knowledge, confessedly meager, as exists upon this subject, it appears:
(1.) That the country now embraced in the Yellowstone National Park was occupied, at the time of its discovery, by small bands of Sheepeater Indians, probably not exceeding in number one hundred and fifty souls. They dwelt in the neighborhood of the Washburn and Absaroka Ranges, and among the mountains around the sources of the Snake. They were not familiar with the geyser regions.
(2.) Wandering bands from other tribes occasionally visited this country, but generally along the line of the Yellowstone River or the Great Bannock Trail. Their knowledge of the geyser regions was extremely limited, and very few had ever seen or heard of them. It is probable that the Indians visited this country more frequently in earlier times than since the advent of the white man.
(3.) The Indians avoided the region of the Upper Yellowstone from practical, rather than from sentimental, considerations.
The legal processes by which the vast territory of these various tribes passed to the United States, are full of incongruities resulting from a general ignorance of the country in question. By the Treaty of Fort Laramie, dated September 17, 1851, between the United States on the one hand, and the Crows, Blackfeet and other northern tribes on the other, the Crows were given, as part of their territory, all that portion of the Park country which lies east of the Yellowstone River; and the Blackfeet, all that portion lying between the Yellowstone River and the Continental Divide. This was before any thing whatever was known of the country so given away. None of the Shoshone tribes were party to the treaty, and the rights of the Sheepeaters were utterly ignored. That neither the Blackfeet nor the Crows had any real claim to these extravagant grants is evidenced by their prompt relinquishment of them in the first subsequent treaties. Thus, by treaty of October 17, 1855, the Blackfeet agreed that all of their portion of the Park country, with much other territory, should be and remain a common hunting ground for certain designated tribes; and by treaty of May 17, 1868, the Crows relinquished all of their territory south of the Montana boundary line.
That portion of the Park country drained by the Snake River was always considered Shoshone territory, although apparently never formally recognized in any public treaty. By an unratified treaty, dated September 24, 1868, the provisions of which seem to have been the basis of subsequent arrangements with the Shoshonean tribes, all this territory and much besides was ceded to the United States, and the tribes were located upon small reservations.
It thus appears that at the time the Park was created, March 1, 1872, all the territory included in its limits had been ceded to the United States except the hunting ground above referred to, and the narrow strip of Crow territory east of the Yellowstone where the north boundary of the Park lies two or three miles north of the Montana line. The “hunting ground” arrangement was abrogated by statute of April 15, 1874, and the strip of Crow territory was purchased under an agreement with the Crows, dated June 12, 1880, and ratified by Congress, April 11, 1882, thus extinguishing the last remaining Indian title to any portion of the Yellowstone Park.