A Centennial Memorial History of Allegany county, New York, Part 6

Author: Minard, John Stearns, 1834-1920; Merrill, Georgia Drew
Publication date: 1896
Publisher: Alfred, N.Y., W. A. Fergusson & co.
Number of Pages: 1102

USA > New York > Allegany County > A Centennial Memorial History of Allegany county, New York > Part 6

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" Ah," said Mr. Morris, "you presume too much in regard to the con- sequence of your nation. It is far from being as great as you suppose; and in proof of this let me refer you to the manner in which your deputation to

HISTORY OF ALLEGANY COUNTY, N. Y.

the Miamis was received in 1793. Though large, and composed of many of the first men of your nation, it had but little influence." "Very true," replied Red Jacket, "and why ? It was because we were in bad company. WE WENT WITH THE PALE FACES.

Had we gone alone, we should have been treated with the dignity which belongs to the Senecas throughout the world."

While Red Jacket was still standing, some one interposed the remark, " He's a coward." Turning around with a look of contempt, and in a tone and manner expressing the deepest sarcasm, he said, "YES, I AM A COWARD." And then, waving his hand over the broad and beautiful lands that were spread out before them, added: "Assure me that you can create lands like these, which the Great Spirit has created for us, his red children, so that you can give us lands like them in return, and I will be brave; UNTIL THEN I AM A COWARD,-I DARE NOT SELL THESE LANDS."

The commissioners after listening to this talk began to consider the undertaking hopeless, and so urged Mr. Morris to use more decisive meas- . ures with them and bring them to terms one way or the other. Mr. Morris yielded to their solicitations although contrary to his convictions, from his knowledge of the Indian character, as to its being the best method to pursue, and suggested to the Indians that they make him a proposition. After a brief consultation the Indians made him the offer of a single township on the line of Pennsylvania, at one dollar an acre, Red Jacket assuring him that he could sell this at a sufficient advance to pay for the trouble and expense of the treaty. To this Mr. Morris would not agree, and told them if that was all they could offer they might as well return to their homes, as the sooner the conference was ended the better; upon which, Red Jacket sprang to his feet and said, "You have now come to the point to which I wished to bring you. You told us in your first address that even in the event of our not agreeing to sell our lands we would part friends. Here then is my hand." Mr. Morris taking his hand, he then added: "I now cover up the council fire." To all present but Thomas Morris the prospect of accom- plishing anything after this seemed quite hopeless; yet his hopes of success were so sanguine that he with some difficulty persuaded the commissioners to remain and give him the opportunity of a new trial.

The next day after the council was thus abruptly broken up Farmer's Brother called on Mr. Morris, expressing much regret at what had trans- pired and the hope that it might not destroy his interest so obviously mani- fested for his nation. "Certainly not," said Mr. Morris, "you had a right to refuse to sell your lands, but," he added, " the treatment he had received from his people at the close of the council, especially in allowing a drunken warrior to menace and insult him while they were yelling in approbation of his conduct, was uncalled for and ungenerous. He had not deserved this from them. For years they had had food at his house in Canandaigua, and liquor as much as was for their good, and whenever any of them had been at Philadelphia, his father had treated them with equal kindness and hospital- ity." This was all acknowledged by Farmer's Brother, who much regretted

EARLY VISITORS-EXTINCTION OF THE INDIAN TITLE.

that the council fire had been so hastily extinguished. Had this not been done, they might have had another meeting to smooth over these difficulties. With great tact Mr. Morris urged another ground of complaint. "Red Jacket, " he said, "assumed the right of covering up the fire. This did not belong to him, for, according to your custom, he only who kindles the fire has a right to cover it up." "That is so," said Farmer's Brother. "Then, as I did not cover up the council fire, it is still burning." After thinking a moment Farmer's Brother replied "yes," seemed pleased that it was so, and expressed a desire to have the council convene again.

Mr. Morris intimated that he would like a delay of a few days to give . him time to look over his accounts, pay for the provisions that had been con- sumed, collect his cattle that had not been slaughtered, and arrange matters preparatory to leaving the treaty ground. He had acquainted himself so well with Indian customs that he had resolved to resort to another expedi- ent, after failing in his negotiations with the sachems. Among the Indians a rule prevails that their sachems shall have a right to transact whatever business belongs to their nation, whether relating to their lands or anything else. But, in transactions pertaining to lands, if their course is not satis- factory to the women and warriors, they have a right to terminate the pro- ceedings and assume the management themselves. The reason they give for this rule is that the land belongs to the warriors because they are the defense and strength of the nation, and to the women, because they are the mothers of the warriors. They recognize, therefore, "head " or " chief" women, whose privilege it is to select a speaker to represent their views.

So Mr. Morris determined to refer his proposition to the chief women and warriors, and accordingly sought and obtained such a meeting. Then he made known to them his business, told them what a liberal offer he had made to their sachems, portrayed in glowing terms the advantages which would accrue from the annuity so large a sum would bring-how much food and clothing it would furnish them, thus relieving them of anxiety and toil and many hardships they now had to endure-that the sachems who were unwilling to sell the land always had enough to supply their wants; that they could kill game and feast on the meat, and go to the settlements and sell the skins and buy them clothing, and so did not care to sell their land for money which would enable the women to obtain for themselves and children food and clothing, whereas they were now often compelled to go hungry and naked. By accepting his proposition they would have the means of supply- ing their wants, and making themselves comfortable and happy. He dis- played before them a great array of beads, blankets, silver brooches, and various other ornaments of which he knew them to be particularly fond, and said he had brought them with him with the design of making them presents in the event of a successful treaty, but he had made up his mind that, as the women were not to blame for the breaking off of the negotiations, they should have the presents just the same as though his offer had been accepted. He then proceeded to distribute among sparkling eyes and joy-

HISTORY OF ALLEGANY COUNTY, N. Y.

ful hearts the beautiful presents he had brought. These gifts proved a most powerful addition to his arguments, and were the means of a favorable turn to their counsels.

For several days after this the chiefs, women and warriors could be seen scattered about here and there in small parties earnestly engaged in conversation which resulted in a renewal of negotiations. After a little Mr. Morris was informed that their council-fire was still burning, but after this would be conducted by the women and warriors.

Cornplanter, being the principal war chief, appeared on this occasion in behalf of the warriors and women. In his opening speech he said, "They had seen with regret the misconduct of the sachems, they also thought Mr. Morris was too hasty; but still they were willing the negotiations should be renewed, and hoped they would be conducted with better temper on both sides." Mr. Morris offered a few remarks of a conciliatory nature, and Farmer's Brother spoke for the sachems, saying that these"proceedings were in accordance with the customs of the nation. And so negotiations were renewed and prosecuted to a successful termination. The Indians consented to sell their lands for the sum proposed, $100,000, leaving their reservation to be settled as they could agree. It was agreed or provided that the $100,000 should be vested in stock of the Bank of the United States by Mr. Morris, and held by the President of the United States as a trustee for the use and behoof of the said (Seneca) nation of Indians.

This treaty, from the magnitude of its effect upon a large percentage of the territory of Allegany county, and in consideration of its importance in some other respects, really marks an epoch in Western New York and Allegany history, and for that reason we introduce the essential part of the conveyance by which the Indians parted with the title to that portion of New York embraced within the limits of the Holland Company's Purchase, excepting of course the reservations. After the usual preliminaries, such as naming the parties and stating the consideration, it proceeds thus:

" NOW THIS INDENTURE WITNESSETH, that the said party of the first part, for and in consideration of the premises above recited, and for divers other good and valuable considerations, them thereunto moving, have granted, bargained, sold, aliened, released, enfeoffed, and confirmed, and by these presents do grant, bargain, sell alien, release, enfeoff and confirm unto the said party of the second part, his heirs and assigns for- ever, all that certain tract of land, except as hereinafter excepted, lying within the county of Ontario, and state of New York, * * *

bounded as follows : East by the land confirmed to Oliver Phelps and Nathan-

iel Gorham, * * southerly by the north boundary line of the state of Pennsylvania, westerly partly by * a tract of land ; part of the land ceded by the state of Massachusetts to the United States and by them sold to Pennsylvania, being a rightangled triangle, whose hypothenuse is in or along the shore of Lake Erie ; from the northern point of that triangle to the southernmost bounds of a tract of land one mile in width, lying on and along the east side of the strait of Niagara, and partly by the said tract to Lake Ontario ; and on the north by the boundary line between the United States and the King of Great Britain, excepting nevertheless, and always reserving out of this grant and conveyance, one piece or parcel of the aforesaid tract at Canawaugus, (Avon) of two square miles, *

* * * one at Big Tree, (Geneseo), of two square miles, to be Little Beards Town, * one other tract of two square miles at Squaky Hill, * * *

* one other parcel at Gardeau, * * * one other piece or parcel at Ka-oun-a-de-au (Caneadea reservation), extending in length eight miles along the river, and two miles in breadth, * * one at Cattaraugus, also one of forty-two square milss, at or near the Alleghany river, also two hundred square miles partly at the Tonawauk (Tonawanda) creek, also excepting and reserving to them the said parties of the first part and their heirs, the privilege of fishing

EARLY VISITORS-EXTINCTION OF THE INDIAN TITLE.

and hunting on the said tract of land hereby intended to be conveyed. And it is hereby understood by and between the parties to these presents that all such parcels of land as are hereby reserved, * *

* shall be laid off in such manner as shall be determined by the sachems and chiefs residing at, or near the respective villages where such reservations are."

There were present on the occasion of this treaty besides the commis- sioners already named, Nath. W. Howell, Joseph Ellicott, Israel Chapin, James Rees, Henry Aaron Hills, and Henry Abeel. Jasper Parish and Hora- tio Jones were present as interpreters. The names of fifty-two sachems, chiefs, and warriors were appended to the deed of conveyance. A few of them are here given. Koy-eng-gueh-tell, alias Young King; Kow-u-ta-no, alias Handsome Lake; Sat-ta-kan-gu-yase, alias Too Skies of a length; On-a- ya-was, alias Farmer's Brother; Soo-goo-ya-waw-taw, alias Red Jacket; Gish- ka-ka, alias Little Billy; Ow-nea-shat-ai-kai, alias Tall Chief; On-nong-gaih- e-ko, alias Infant; Koe-en-twah-ka, alias Corn Planter; Co-sau-kaw-new-daw- ki, alias Destroy Town; Soor-oo-wan, alias Pond Nose; She-gum-daugh-gue, alias Little Beard; To-no-wan-i-ya, alias Capt. Bullett; Ah-gua-tie-ya, alias Hot Brand; Haw-fua-nowe-wo-am, by Young King; Ka-on-ya-naugh-gu, alias John Jemison. Robert Morris signed by his attorney, Thomas Morris, and the entire transaction was certified by Jeremiah Wadsworth on the part of the United States and William Shepard on the part of Massachsetts, the preliminary papers having been approved by John Hancock, governor of the Commonwealth of Massachusetts.

The simplicity of the Indian character had a fresh illustration in the eagerness with which they desired to know about a bank; the President hav- ing directed that the money they received for their lands, in case they were sold. should be invested for their benefit in stock of the "United States Bank " in the name of the President and his successors in office as trustees of the Indians, and they earnestly inquired "What is a bank?" It was explained to them so that they came to understand that the United States Bank at Philadelphia was a large place where their money would be planted, and where it would grow, like corn in the field. They were also made to understand that the dividends from it might be greater some years than others. This was explained by referring to planting, as they knew from experience that some years they would have from the same ground a better crop than others. After this when speaking to Mr. Morris about their money they would inquire " What kind of a crop they were going to have that year?" They were also interested in ascertaining how large a pile the money they were to receive would make? This was explained by telling them how many kegs of a certain size it would take to hold it, and the num- ber of horses it would take to draw it.

The agreement as to number and size of the several reservations was reached after a good deal of debate and controversy. Instead of moder- ate very exorbitant claims were presented, growing out of rivalry between different chiefs. Their comparative importance would be graduated by the size of their domain, and the number of people they would thus be enabled

HISTORY OF ALLEGANY COUNTY, N. Y.

to have about them; hence they were individually ambitious of not being outdone in the size of their reservations. Red Jacket put in a claim to about one-fourth of the entire tract sold. Cornplanter wanted about the same amount, and other chiefs were ambitious of securing extensive reservations; and they wished them marked out by natural boundaries, such as rivers, hills, or the course of streams. Mr. Morris gave a resolute denial to these demands, requiring them to fix upon a certain number of square miles, which should not be far from 350 in the aggregate. The difficulty of settling upon the size of their respective allotments was a source of a great deal of per- plexity, and finally Mr. Morris was requested to assume the office of arbiter and decide for them, which he accomplished generally to their satisfaction.

In this account of the treaty of Big Tree, 1797, I have drawn largely from J. Niles Hubbard's "Red Jacket and his People, " and have been favored by Geo. W. Harding, Esq., with access to valuable papers, which he some years since procured and collected to use in an important suit involving the title to certain lands upon the Caneadea reservation. For various reasons the council at Big Tree was one of the most notable convocations of Indians ever held, and in point of numbers was largely attended, while the stand- ing and influence of such men as Red Jacket, Cornplanter, Farmer's Brother and Little Beard, assigned to it an importance second to none of the memo- rable conferences which have been held with the Indians of our state and immediate vicinity. And then the result, clearing the title to such a vast area of fertile and highly desirable land, of itself alone places it in the list of important treaties, and will, it is trusted, be ample reason for devoting so much space to it in this history.

CHAPTER X.

EARLY SURVEY AND SURVEYORS.

A' FTER the treaty of 1797 had been concluded, the first step, preparatory to bringing the lands into market, was the running of boundary lines, laying out the several reservations, surveying the township lines. and sub- dividing the several townships into lots, and the work was prosecuted in the order named. The Transit Meridian, or eastern boundary line of the Holland Company's purchase, was run in the summer of 1798 by Joseph and Ben- jamin Ellicott, with an instrument made expressly for the purpose by Ben- jamin Ellicott and the famous German instrument maker, David Rittenhouse, of Philadelphia, to which place Benjamin repaired for that purpose. It was a large and cumbersome affair, and I believe was never afterward much employed. It, or rather such parts of it as are left, is now in the rooms of

EARLY SURVEY AND SURVEYORS.

the Buffalo Historical Society, where it was placed a few years ago by the late David E. E. Mix, of Batavia; a very wise and thoughtful disposition of an interesting historic instrument. The strange thing about it is that so many of the parts should disappear ! There must have been quite a number in this surveying party of the Ellicotts, for it was an enterprise which involved considerable work, and together with the surveyors and their assistants sent out upon the different township lines, must have been the cause of considerable astonishment on the part of the natives. Besides the Ellicotts, the names of thirteen other surveyors are given by Turner, which list includes Augustus Porter, but no mention is made of Wm. Peacock. who surveyed T. 6. R. 1. (Hume) nor Alexander Rhea who surveyed T. 5. R. 1. (Caneadea.) Some idea of the magnitude of these operations may be inferred from the fact that Mr. Ellicott "contracted with Thomas Morris. to deliver on the Genesee river, or the shore of Lake Ontario near the mouth of that river, 100 barrels of pork, 15 barrels of beef, and 270 barrels of flour, for the supply of the surveyors, and their assistants the ensuing season," and at the request of the Agent General, made a list of articles to be provided for the next season's campaign. consisting of a diversity of articles, "from pack-horses to horse shoes, nails and gimlets. from tents to towels, barley and rice to chocolate, coffee and tea, and from camp kettles to teacups, esti- mated to amount to $7,213.33." "This statement however did not include medicine or wine, spirits, loaf sugar, etc., for headquarters." He also calculated the wages of surveyors and other hands for the next six months, at $19,830. Augustus Porter represented the interests of Mr. Morris in the survey and establishment of the boundary lines. Mr. Ellicott and his sur- veyors and assistants having arrived on the ground, the first work was to establish the southeast corner of the Purchase. The Pennsylvania line was accurately measured from the southwest corner of Phelps and Gorham's purchase, or the 82d milestone, twelve miles west, and there they erected a stone monument for such corner. The whole company was then divided into parties to prosecute the undertaking to advantage. The principal surveyor, Joseph Ellicott, assisted by Benjamin Ellicott, one other surveyor, and the requisite number of hands, undertook the running of the eastern boundary line, while the other surveyors, each with his corps of assistants, were detailed to run the different township lines.

Thus prepared with a suitable instrument, Mr. Ellicott and his brother, with their party, established a true meridian line north from the corner monument, by astronomical observations at different stations, to guard against accidental variations. The progress in running this line was slow; it could not be otherwise, as a great amount of labor was involved in clearing the vista, which was made three or four rods wide on all the prominent elevations, and great care was exercised in all the observations, which ren- dered anything like haste an experiment too hazardous to be permitted. June 12th the party on this line had advanced so far north that they estab- lished their store house at Williamsburg, about three miles south of Geneseo.

HISTORY OF ALLEGANY COUNTY, N. Y.

to which place they had poled their supplies up the Genesee river in flat boats. On the 22d day of November following, eighty-one and one-half miles of the line was established, but the precise date of its completion I have not been able to ascertain. This line, which defined the west bounds of the Church Tract, passed through the Cottringer, Ogden and Cragie tracts about two miles from their west boundaries, as described in the conveyances from Robert Morris. However as their titles were of later date than the conveyance to the Holland Company, no deviation from the established meridian was made. The location of the Ogden and Cottringer tracts being moved two miles to the east, the other tracts were reduced in area by the amount lying west of this line. In the same year (1798) Augustus Porter came to survey the boundary lines of the reservations made by the Indians at the treaty of 1797. His notes of the survey of the Caneadea reservation bear date Sept. 3, 1798. George Burgess is reported to have been with the party establishing the Transit meridian, but could not have been with them all the time for his "Traverse of the Genesee river, beginning at an Elm on the Kananscraugas, and ending at the Pennsylvania line," is dated 1798 and must have taken considerable time.

"September 7, 1810, On this instant commenced surveying the land belonging to John Barker Church, Esquire, situated in the county of Alle- gany, State of New York. Beginning at a pine stake standing on the Transit line, and marked on the south side with the letters John B. Church " were the words with which the gallant Major Moses Van Campen began his notes of the subdivision of the Church Tract. The business was of course prose- cuted with dispatch but no mention is made of the date of completion. Probably it was finished in 1811. This was a very important work as it pre- . pared for market 100,000 acres in the heart of Allegany. The most exhaus- tive inquiry has failed to reveal the names of his assistants. Tradition says that his favorite axeman was a half-breed Indian, but his name is lost. It is said however that he was a remarkable man for the business. Tall, strong, of quick motion and quick to perceive, he knew just what and how much to cut, and was a valuable helper. Major Van Campen's notes are in possession of Major Richard Church, who some years ago offered them to the board of supervisors, if they would preserve them, or have them faithfully copied. An offer which the board for some reason (it can hardly be said reason for there is no reason in it) refused to accept. Major Church has withdrawn his offer, but it is hoped he may yet make some disposition which will make them available to the public, for they are very valuable, and, under a special act of the Legislature passed a few years ago, they may be authenticated and certified by a justice of the Supreme Court, so as to be conclusive evidence in court.

Elisha Johnson's Survey of the Cottringer Tract. In the spring of 1807 Elisha Johnson, then a young man, came with his party to subdivide the "Cottringer Tract," then lately purchased by John Greig and others, and as all the northern part of Granger and the northeastern part of the town of

EARLY SURVEY AND SURVEYORS.

Hume is included in that tract it is but fair to make mention of it. From Mr. Johnson's report to "John Greig and gentlemen concerned in the pur- chase of the Cottringer Tract " it appears that his first work was to re-sur- vey, and establish the boundary lines, which for a part of the way were not sufficiently distinct, and for the purpose of settling the matter of an encroach- ment on the part of the Church Tract adjoining it on the south. In his preliminary remarks Mr. Johnson mentions a road from "Mt. Morris to Caniodea (another spelling for Caneadea) where wagons pass, but the road is very crooked and otherwise wants improvement." Regarding the advan- tages offered for settlement. he says: "The last season (1806) there was a sawmill erected on the Wiscoy Creek, about three miles from its junction with the Genesee river, and is now in operation, and are there making pro- vision for putting a gristmill in operation next season, which will accommo- date the south part of the tract." The strange thing about this is that no sawmill was built there until 1828, and the gristmill was put up in 1829. Was Mr. Johnson wrongly informed, or was this an advertising scheme to induce people to settle ?

As to health, etc,, I will quote Mr. Johnson, verbatim et literatim et capitalatim (Mr. J. was profuse in the use of capitals): "As the altitude, Purity of the Air, Sweet Softness of the water, are the Governing influences as it Relates to Health, incline me to conclude that this tract is healthy ex- cept the Valley along the Genesee River, which is known and considered as producing many diseases, which must be attributed to the water of the river, and the Depth of the Valley, being such, that the Rays of the Sun, act very Powerful on the flats and water, which necessarily produce copious exhalations, and the Air becoming so rarified The dew coming on at an Hours Sun, so that Herbage on the flats is very wet with dew at Sunset, while on the Hills it remains dry, Fogs here are common in the warm season, at Night and Morning. Some Peculiar Property Exists in the Valley, that Causes many of the Natives and White inhabitants to have Swelled throats. I think However, when the land is more Cleared, which will cause a more free circulation of Air, some of the stagnant waters drained, and having the flats present fields of Grass in Place of the Present Luxuriant Growth of Natural Vegetation, these Complaints will not be so common." Mr. Johnson makes mention of there being "Seven Families of Indians, who Improved forty acres of the open Flats, and had enclosed the residue." This was at the lower Caneadea village. He speaks of a number of squatters, who had preceded him, as N. Dixon on lot 108 and James Smith on lot 113, and says, " It being requested of me to apprize their Betterments, I have considered their Value to a Purchaser, and not the Value of the Ex- pense. It will probably be your duty, if they are worth the sums apprized to as to purchasers, to cause the monies paid to the different Possessors, if they do not purchase themselves. But I should not think it a duty in- cumbent on you, to suffer many of these inhabitants. if any, to remain in their respective possessions, after the Lands are offered for sale, if they do

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A Centennial Memorial History of Allegany county, New York, Part 6

Author: Minard, John Stearns, 1834-1920; Merrill, Georgia Drew Publication date: 1896 Publisher: Alfred, N.Y., W. A. Fergusson & co. Number of Pages: 1102

Author: Minard, John Stearns, 1834-1920; Merrill, Georgia Drew
Publication date: 1896
Publisher: Alfred, N.Y., W. A. Fergusson & co.
Number of Pages: 1102