USA > New York > Franklin County > A history of St. Lawrence and Franklin counties, New York : from the earliest period to the present time > Part 16
USA > New York > St Lawrence County > A history of St. Lawrence and Franklin counties, New York : from the earliest period to the present time > Part 16
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These claims were based upon ancient and primitive occupation, and especially upon the rights which they conceived they had, for compensa- tion for services which some of them, particularly Colonel Louis Cook, their head chief, had rendered in the war. The nature and amount of these services we will give in our notice of that chief.
In 1789, he applied for a confirmation of a tract of land, in the present town of Massena, which he claimed was his own individual right, and this was subsequently confirmed to him by the Legislature.
In 1792, the Caughnawaga and St. Regis tribes, claiming to represent the Seven Nations of Canada, sent a deputation to the governor of the
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state of New York, to assert their claims, but this embassy produced no action in their favor.
As we shall have frequent occasion to allude to these Seven Nations, it would be well to understand who and what they were, but here our knowledge is less definite than might be desired, especially in relation to the origin of the term, and of the league or combination of tribes of whichi it consisted.
They appear to have been made up of several of the detached settle- ments of Iroquois emigrants from New York, and of Algonquins, &c., whom the catholic missionaries had domiciliated and settled in villages.
The St. Regis branch did not originally form, it is said, one of the seven, which consisted according to the Rev. F. Marcoux, of an Iroquois, an Algonquin, and a Nipessing nation at the Lake of Two Mountains, an Iroquois tribe at Caughnawaga, the Oswegatchie tribe of Iroquois at La Presentation, a colony of Hurons at Lorett, nine miles north of Quebec, and a settlement of Abenekis at St. François, below Montreal, near the Sorel.
After the breaking up of the French at La Presentation, and the partial dispersion of the Oswegatchies, tradition relates, that a grand council was ' held, and it was therein resolved, that the St. Regis, who had formed a part of the Caughnawagas, at the formation of the league, should take the place of the scattered tribe, and they thenceforth represented them in the assemblies.
According to the gentlemen above mentioned, the tribes which repre- sented the Seven Nations, have at present the following numbers, (June, 1852).
At the Lake of Two Mountains, of Iroquois, . 250
At the Lake of Two Mountains, Algonquins and Nipessing, together, 250
At Caughnawaga, of Iroquois,. 1300 At St. Regis, . 1100
At Lorett, of Hurons, a very few.
At St. François of Abenakis, a few only. The numbers of the two latter were not known.
Failing in their first negotiation with the state, the St. Regis people prosecuted their claims, and in 1793 again appeared, by their deputies, at Albany, and laid their case before the governor, but without success. The following credentials are without date, but are believed to have been those furnished these Indians on this occasion :
" The Chiefs at Cak-ne-wa-ge, head of the Seven Nations.
To our brother, Commander and Governor, Ni-haron-ta-go-wa, George Clinton, at the State of New York. Brother, this is what we
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agreed upon, that we should have councils and conversations together, of peace and unity.
Now brother, we beg that you will pay attention that you can take the matter into good consideration betwixt you and us. We have sent the bearers, which will give you to understand our real minds and meaning, which is:
Thomas Aragrente,
Thomas Tharagwanegen, Lumen Tiatoharongiven, William Gray, Atthi naton.
All the chiefs' compliments to you, and beg you will not let the bearers want for victuals or drink, as much as may be for their good.
Te gan ni ta sen,
Ona sa te gen,
O na tri tsia wa ne,
On wa ni en te ni,
Sga na wa te,
Tha na ha,
Te ha sen,
Sga heu to wa ro ne,
Tha ia iak ge,
Si no he se,
Tha hen teh tha,
Sa ie gi sa ge ne,
Ga ron ia ra gon.
Ga ron ia tsi go wa."
(Signed by their marks.)
This negotiation also failed in its object, and the deputies returned home in disappointment.
In the winter of 1793-4, Colonel Louis, with three other warriors, again repaired to Albany, to get, if possible, some specific time desig- nated, when the state would meet with them for their claim. They held an interview with the governor, but he declined at that time any nego- tiations with them on the subject, without referring their case to the legislature.
The journal of the assembly, for 1794 (page 106), contains the follow- ing record in relation to the St. Regis Indians:
" Mr. Havens, in behalf of Mr. Foote, from the committee appointed to take into consideration the communication made to this house by His Excellency the Governor, relative to the St. Regis Indians, reported that they have enquired into the several circumstances connected with the claim of the said Indians to certain lands within the jurisdiction of this state, and are of the opinion that it will be necessary to appoint commis- sioners to treat with the said Indians, and to authorize them, by law, to extinguish the said claim, or to take such measures relative to the said business, as shall be most beneficial to this state, and to the United States."
The following was the message of the governor, above alluded to. It was reported on the 21st of February of that year :
" GENTLEMEN,
You will receive with this message the conclusion of my conference with the Oneida Indians, and a copy of an additional speech of the Cayugas, and my answer thereto.
I also transmit to you a speech made to me by Colonel Lewis, of St. Regis, who, with three other warriors, arrived here some days ago, as a
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deputation from the chiefs of the seven nations, of Lower Canada. You will perceive by my answer to them, that I have, for the reasons therein mentioned, declined entering into conference with them on the subject of their deputation, other than that of receiving their communication, which is now submitted to the consideration of the Legislature.
GEO. CLINTON.
So far as we have been able to learn, the course advised by the com- mittee was not adopted, and no encouragement was given the deputies further than the indefinite and unsatisfactory assurance that their claim should be examined at as early a day as might be consistent.
What the probable result would be, might perhaps be surmised, when we consider, that the state had already patented to Macomb and his associates the territory claimed by these Indians, reserving only a tract equal to six miles square, near the Indian village. It is very probable, that the Indians did not know of this sale, and still honestly believed themselves entitled to a large tract in the north part of the state.
In December, 1794, they again appeared at Albany to urge their claim. The governor appears to have been absent, and a communica- tion intended for him was delivered to John Taylor, of Albany, who addressed the governor the following letter, inclosing that which he had received from the Indians:
" SIR :
ALBANY, 10th January, 1795.
The enclosed message was delivered me by one of the men who came down last winter, Col. Louis, and attended the Legislature at this place, on the subject of their lands. He says he was deputed by the Seven Nations for that purpose, and had directions to proceed to New York, if I could not do the business. As a journey to New York would have been attended by expense to the state, and trouble to you, I pro- mised to transmit the message, and recommended him to return home.
I am your Excellency's
most obedient servant,
JOHN TAYLOR."
The letter referred to in the foregoing, was as follows:
" ALBANY, December, 1794.
NEWATAGASA LEWEY :
Brother: The Seven Nations of Upper Canada are still of the same mind as they were when you spoke with them last winter; but they expected you would have met them this summer on the business that they came about to your great council last winter. They suppose that the business of the war, which was expected, prevented your meeting of them. They hope you will attend to the business, and meet them, as you promised, as early as possible next summer, as they are still of the same mind they were when they spoke to you, and expect you are so likewise."
The governor accordingly appointed Samuel Jones, Ezra L'Homme- dieu, N. Lawrence, Richard Varick, Egbert Benson, John Lansing, Jr., and James Watson, commissioners, to hold an interview with the Indians,
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to settle some preliminaries with them, but without the power to treat definitely with them on the subject.
The following is the result of their negotiations, which was addressed to Governor Clinton :
"NEW YORK, 6 March, 1795.
SIR :
In consequence of your Excellency's appointment of us to that trust, we have this morning had an interview with the eleven Indians now in the city, from the nation or tribe, distinguished as the St. Regis Indians, or the Indians of the Seven Nations of Canada, and Colonel Lewis, one of their number, as their speaker, made a speech to us, purporting that during the last winter, they had come to Albany while the Legislature was sitting there, and made known their desire that a future meeting might be appointed, in order to treat, and finally conclude and settle with them respecting their right and claim to lands within the limits of this state; that they had returned home with what they received, as assur- ances that such future meeting would have been appointed; that they had waited in expectation of it during the whole of the last season; that they are not authorized to treat or conclude therefor; that the only object of their present journey is again to propose such meeting, when all the chiefs will attend, so that whatever may then be agreed upon, should be binding on all the tribes.
To this speech we have deferred giving an answer, supposing it most fit that we should previously be informed of the sense of the Legislature on the subject ; it being most probably the interest of both houses, that the act of the 5th instant should be limited to an agreement or an arrange- ment to be made at this time, and with the Indians who are now present.
We have the honor to be, sir, with due respect, your most obedient, humble servants.
SAMUEL JONES, EZRA L'HOMMEDIEU, N. LAWRENCE, JAMES WATSON.
RICHARD VARICK, EGBERT BENSON, JOHN LANSING, JUN.,
HIS EXCELLENCY, GOVERNOR CLINTON."
The following were the speeches exchanged on this occasion:
" Brothers :
Since that parchment was delivered us, which you will remember, as well as some of our chiefs now present, for it was during the Indian war when we were employed to make peace, and we made known to the other Indians the promises therein contained, and they made peace, we have claimed payment for those lands by means of that parchment, and he has promised to do us justice.
Brothers :
With respect to our affairs with you, we rest upon your word; you have promised to do us justice, and we depend upon it.
We have requested justice with the king, and he has promised to have a meeting, and to do us justice in the suminer, and therefore we wish a settlement of our matter with you sooner. For if we should be engaged in settling that affair, and you should call upon us at the same time, we should have our hands full. Therefore, we wish a settlement with you first.
Brothers :
When we have made this settlement with you, we shall live with you like brothers, and not say that you have wronged us."
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To the foregoing speech, the agents made the following reply :
" Brothers :
We have listened to what you have now told us.
Brothers :
The king and we are friends and neighbors, but he can not take a part in any business between you and us, nor can we take a part in any busi- ness between him and you.
Brothers :
You may rely on our promise, that the proposed meeting between you and us shall take place, but we can not now fix the time more precisely than we have done, for we do not know when we shall be ready, and if we should now fix a time, and should not then be ready, you would come to the place, and not finding us there, you would think we meant to deceive you.
Brothers :
We will certainly meet you as soon as we can, and we will give you seasonable notice.
NEW YORK, 11th March, 1795. RICHARD VARICK, EGBERT BENSON, JAMES WATSON, EZRA L'HOMMEDIEU.
SAMUEL JONES.
The foregoing communication of the agents was transmitted to the Legislature on the 7th of March, 1795, by the governor, in the following message.
" Gentlemen :
With this message you will receive a communication from the agents appointed to confer with the representatives of the St. Regis Indians, which will necessarily require your immediate attention.
It must readily occur to you that no legislative direction exists with respect to the greater part of the expense incident to this occasion.
The concurrent resolution of the 3d instant, only refers to the accom- modation of the Indians while in the city, and neither provides for the customary gratuities, nor the expenses arising from their journey here and their return.
I also transmit a letter from some of the chiefs of the Onondaga nation, respecting the agreement made with them in 1793, by the commissioners appointed for the purpose."
Greenwich, 7 March, 1795.
GEO. CLINTON.
In pursuance of this advice the following resolution was introduced in the senate and passed.
" Resolved. That his Excellency the Governor, be requested to direct that suitable accommodations be provided for twelve St. Regis Indians, who are expected in town this afternoon, on business relative to the claims on the State, and that the Legislature will make provision for defraying the expense."
On the 9th of March, 1795, the resolution of the senate was referred to the assembly, and the following record appears on their journal.
" Resolved. As the sense of both houses of the Legislature, that it is advisable a future meeting should be appointed by his Excellency the
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Governor, to be held with the Indians, generally known and distinguished as the Indians of St. Regis, in order to treat, and finally to agree with the said Indians touching any right or claim which they may have, to any lands within the limits of this state; and further, that his Excellency the Governor, in addition to the request contained in the concurrent resolu- tion of both houses, of the third instant, be also requested to cause the twelve Indians mentioned in said concurrent resolution, to be furnished with such sum of money as may be requisite to defray the expenses of their journey to this city, and on their return home, and also that his Excellency the Governor, be requested to cause such presents or gratui- ties as he shall deem proper to be given to the said Indians, in behalf of this state, and that the Legislature will make the requisite provision for carrying these resolutions into effect."
Ordered. That the consideration of the said resolutions be posponed until to-morrow.
The agents appointed by the Governor, held another interview with the Indians, and the speeches that were exchanged on the occasion are preserved, and were as follows:
Speech of the Agents for the State of New York to Colonel Louis, and other St. Regis Indians.
"Brothers :
When we met you, a few days ago, on your arrival in this city, we told you our chief the Governor, was sick, and that he had appointed us to meet you in his stead.
Brothers :
We then also bid you welcome, and which we now repeat to you.
Brothers :
You then told us that you had come to see us, and only to propose that there should be another meeting between us and you, when all your chiefs would attend, and treat and settle with us about land, which is within our state, and which you say belongs to you.
Brothers :
This was the substance of what you then told us, and we have told it to our chief the Governor, and our council the Legislature, and they have listened to it, and have directed us to tell you that they very willingly assent to what you have proposed, and that a message will be sent to you during the next summer, to inform you of the time and place, when, and · where, we will meet you on the business, and we can now only promise, that the place will be as near where you live as conveniently may be, so as to save you the trouble of a long journey, and that the time will not be later in the next fall than when the travelling is good.
. Brothers :
We wish you in the mean time to possess your minds in peace, for it is as much our wish as it is yours, that the business should be talked over and settled between you and us, in friendship and integrity, as between brothers, for as we do not desire any land which belongs to you, without paying you for it, so we hope you do not desire we should pay you for that which does not belong to you.
Brothers :
We now bid you farewell, for the present, and wish you a safe journey home, and that we may meet each other again in peace and in health, at the intended future meeting."
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To this speech of the commissioners the St. Regis Indians through Colonel Louis, their speaker, replied as follows:
"Brothers :
It is usual when brothers meet, if it is even the next day, to thank Providence for preserving each of them, so as to meet again.
Brothers :
We are very thankful that you have taken so much pity on your brothers, who have come so great a distance to see you, that they were almost barefooted and uncovered, and you at our first arrival in the city, gave us a pair of shoes and hat each, for which we are thankful.
Brothers :
When we first arrived here, we told you the business we had come upon, and which we had come upon several seasons before, and par- ticularly last winter. You then promised that you would meet us, but you have not done it.
We have business at home as well as you, brothers, and for that reason we request you to consider about the matter deliberately.
Brothers :
We think it is a long time hence that you have fixed upon. We told you when we came, that we had other business with the king, who also is on our lands. All the other nations to the westward are concerned in that business, and I expect I have that to see to, as they depend on my council. If that should take place at the same time as yours, it will be inconvenient, we therefore wish to have our business with you first settled, before we settle with the king.
Brothers :
We were at Albany when you received the speech of the king; I then told you the minds of our chiefs upon that subject, for I know it.
You told us then your minds were to do us justice, and that made our breasts cool. We returned home and told the king to perform the pro- mise he had made to us.
[Here Colonel Louis produced a printed proclamation in parchment, by the late Sir William Johnson.]
For this reason we expect our matters with you first settled. For the king told us, that about midsummer he would come and settle with us for the lands of ours which he had possessed and improved.
Then, brothers, we shall be able to come and inform you how we have settled with him."
The Legislature by an act passed March 5, 1795, provided, "That it shall and may be lawful, for the person administering the government of this State, either by himself, or by such agent or agents as he shall there- unto appoint, to make such agreement and arrangements with the In- dians of St. Regis, or with the representatives of the said Indians, re- specting their claims to any lands within this State, or any part or parts thereof, as shall tend to ensure their good will and friendship to the peo- ple of the United States, and to extinguish any, and every such claim, and in such manner as he or such agents so to be appointed may think proper, but no such agreement or arrangement by such agents shall be valid, unless ratified and confirmed by the person administering the government of this State, any thing in the ' act relative to Indians resi- dent within the State' passed the 27th of March, 1794, to the contrary hereof notwithstanding."
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The act here referred to, was" a law relative to the Indians resident within the state, which appointed the Governor, with William North, John Taylor, Abraham Van Vechten, Abraham Ten Broek, Peter Ganse- voort, Jr., and Simeon Dewitt, trustees for the Indians within the state, and for each and every tribe of them, with full power to make such agree- ments and arrangements with the tribes of central New York, respecting their lands, as shall tend to produce an annual income to the said Indians, and to insure their good will and friendship to the people of the United States.
No grants were to be made by the Indians, except to the state.
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They were further empowered to treat with any other Indians, for any other lands within the state, and the consideration paid for the ex- tinguishment of these claims, was to be paid at the time of making the contract, or within one year thereafter.
Commissioners were again appointed, who met the deputies at Fort George, at the south end of Lake George, in September, 1795, where an interview was held, but without arriving at satisfactory results, or an agreement between the parties. We have not been able to procure the speeches that were made on this occasion, or what transpired between them, further than the intimations contained in the following pages.
The results were communicated by the agents of the state to Governor Jay, who in the month of January, transmitted the following message to the legislature.
GENTLEMEN :
" I have now the honor of laying before you the proceedings at a treaty with the Indians, denominated the Seven Nations of Canada, comprising those usually denominated the St. Regis Indians, held at the south end of Lake George, in this State, on the 26th day of September last, with a letter of the 2d instant, from the agents who were appointed to attend it on the part of the State.
It appears from the above mentioned letter, that the expenses incident to the said treaty have been paid, and the accounts duly audited and passed, except the allowance usually made by the United States to the commissioners whom they employ for holding treaties with Indians.
The compensation due to the said agents for their services, still remains to be ascertained and ordered by the Legislature.
NEW YORK, 23d January, 1796.
JOHN JAY."
On the 26th of March, 1796, the governor transmitted to the legisla- ture a message, accompanying a letter from the department of war, dated the 19th inst., together with the report of the secretary of state, on the subject of claims made by the Indians called the Seven Nations of Canada, to lands within the state.
This message with the accompanying papers, was referred to the com- mittee of the whole.
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This was subsequently referred to a joint committee of the two houses, who reported on the 1st of April, as follows:
"That although the several matters stated by the agents of this State to the said Indians, at the late treaty held with them at Lake George, are to be relied on as true, and to be considered as sufficient to prevent the supposition that the said Indians have a right to lands claimed by them ; and that although these matters both in respect to fact and inference, re- main unanswered by the said Indians, yet that it will be proper whenever a treaty shall be held for the purpose by the United States with the said Indians, that agents for this State should again attend, in order further to examine and discuss the said claim, and if they shall deem it eligible, then also further to propose and adjust with the said Indians, the compen- sation to be made by this State for the said claim."
This resolution met with the concurrence of the house.
In pursuance of this concurrent resolution of the senate and assembly, the governor appointed Egbert Benson, Richard Varick and Jas. Watson, agents on the part of the state, to meet the deputies of the St. Regis and Caughnawaga tribes, who then claimed, and have since been recognized by the state, to be the representatives of the Seven Nations of Canada, to negotiate in the presence of a commissioner appointed by the govern- ment of the United States, for the extinguishment of the Indian title to lands in the northern part of the state. The following is an account of the proceedings at this treaty, which we derive from the original manu- script in the office of the secretary of state, at Albany:
" At a treaty held at the city of New York, by the United States, with the nations of Indians denominating themselves the seven nations of Canada; Abraham Ogden, commissioner for the United States, appointed to hold the treaty, Ohnawiio, alias Good Stream, a chief of the Caughna- wagas, Oteatohatongwan, alias Colonel Louis Cook, a chief of the St. Regis Indians; Teholagwanegen, alias Thomas Williams, a chief of the Caughnawagas, and William Gray, deputies authorized to represent these nations or tribes at the treaty, and Mr. Gray also serving as inter- preter.
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