USA > New York > Franklin County > A history of St. Lawrence and Franklin counties, New York : from the earliest period to the present time > Part 21
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 21
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This alarming pestilence was attended by the typhus fever, but it was observed that the two diseases did not attack the same persons, although they raged with equal severity. The cholera raged but eleven days, in which time 78 died, and the number of those who died in the year 1832, of this and other diseases, was 134.
As a natural consequence, this fearful visitation caused the greatest terror throughout the whole country, and exaggerated reports of its ravages at St. Regis spread rapidly to the neighboring villages, and led to the issuing of an order from the brigadier general of militia in the county, to the subordinate officers under his command, to take measures for preventing all intercourse with the infected village. Several persons volunteered to guard the road leading to Hogansburgh, and this vigilance was maintained about a week. It appeared to be unnecessary, because the epidemic limited itself to the vicinity of the river, and the village of Hogansburgh, two miles distant, was but very slightly affected.
In 1849, the cholera again appeared, taking off 29, and in the same year, the small pox broke out, with 500 cases, of which 30 were fatal. Bergen, of Cornwall, was employed by the British government on this occasion.
In 1850, the typhus raged the whole summer.
A remark was made by the Rev. Mr. Marcoux, which is worthy of the
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attention of the medical profession, that the cholera and the typhus were associated in both cases, although they did not attack the same persons; and that they admitted and required alike a sustaining and stimulating course of treatment.
The filthy and negligent habits of these people appear to have rendered them fit subjects for any pestilence that might chance to make its appear- ance; and the observation so often made has been here confirmed, that rigid cleanliness and suitable regard for neatness, are the best preventives of contagion, and more efficient than cordons of troops, or quarantine regulations.
The annuities of the St. Regis Indians continued to be paid at Platts- burgh, until 1832, when, by a law passed April 24, the place of payment was transferred to the town of Fort Covington.
By this act the comptroller was directed to appoint an agent, who was to receive a sum not exceeding two percentum on all such disburse- ments.
He was directed to pay each of the heads of families under the direc- tion of the trustees of the tribe, their equal shares of the annuities, taking the necessary receipts from the legal trustees of said tribes, for the an- nuities received.
As the village of St. Regis was then in the town of Fort Covington, these annuities have since been generally paid at that place.
The agents appointed by the comptroller, to pay these annuities, since this office was created, in 1832, have been, James B. Spencer, Amherst K. Williams, John S. Eldridge, Phineas Attwater, Wm. A. Wheeler, J. J. Seaver, and James C. Spencer.
During the summer of 1834, these Indins remonstrated against the payment of any part of the annuity of 1796, to the Caughnawagas, urg- ing that previous to the war, a release was executed by the latter to them. During the war, the latter had not received their share. A few years after the war, through the agency and interference of Peter Sailly, of Plattsburgh, that moiety of the annuity was restored to them, with the express understanding, that $50 annually of that portion should be paid to Thomas Williams, who had left that tribe, with his family, during the war, at a great sacrifice, and joined the Americans. Williams was paid without objection, till 1833, when the Caughnawagas entered a protest, and he was not paid.
Before the war, the St. Regis Indians were allowed to hold, in common with their brethren in Canada, all the Indian lands, and also to receive the rents and profits of them. Since the war, the British government refused them the privilege of even occupying the lands on the St. Law - rence river, in common with their brethren in Canada.
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For this reason, they conceived that they had an exclusive right to the state annuities. They accordingly applied to the legislature, in 1835, for the payment to them of the annuity which had been previously shared by the Caughnawagas.
They also asked that the payment of their annuities might be made at a more convenient season of the year, and to those who reside in the state of New York, or within the United States only.
They also applied for a change of the existing law for the election of trustees, and desired that the governor might be empowered to appoint not less than three nor more than six principal Indians, who should be called chiefs, and hold their office during pleasure, a majority of whom were to act for the tribe.
This memorial was referred to A. C. Flagg, the comptroller, who made a report to the legislature, in which he reviewed the history of the Indian title, and from which we will take the liberty of making a few extracts.
After briefly enumerating the several treaties made, by whom and for what consideration he gives the following summary of the compensation and annuities received for their lands.
Sum paid at the treaty. $3,179.96
Amount of annuities.
Treaty of 1796 with the Seven Nations,.
1816
St. Regis.
1,300.00
200.00
1824
66
1,920.00
1824 66
1,750.00
60.00
66 1824 and act of 1825
305.00
"
1825 with the St. Regis, 2,100.00
$8,949.96
$2,398-33
$533.33
1818 66
In relation to the claims of these Indians, the comptroller said:
" It should be borne in mind, that the treaty was originally made with British as well as American Indians, which treaty is in the nature of a contract, on the part of the state, to pay annually a certain sum of money in consideration of the relinquishment, by the Seven Nations, of Canada, of certain lands belonging to them. When the treaty was made, the Caughnawagas were British Indians, as much as they are now; the state did not refuse to treat with them, and purchase their lands, because they resided in Canada; and having made the treaty with them, shall the state refuse to fulfill it?
If the annuity is to be confiscated because the Caughnawagas, or some of them, may have taken up arms against the United States during the late war, then the question would arise, whether the confiscation should be made for the benefit of the state treasury or the St. Regis tribe; and if the Caughnawagas are to be cut off, because some of their warriors
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HISTORY OF ST. LAWRENCE
aided the enemy, the same rule would deprive the St. Regis Indians of their annuities, since some of their warriors were understood to have joined the British army during the war. It should be recollected, how- ever, that the Caughnawaga Indians did not promise allegiance, by the treaty of 1796, nor did they owe allegiance to the United States, or this state, when the war of 1812 was declared.
A request is made in the memorial, that the annuity of $533.33 may hereafter be paid only to such of the St. Regis tribe as reside in this state, or the United States. By the treaty of 1796, it was agreed, that if the Seven Nations of Canada, would relinquish their lands to the people of this state, they should receive forever an annuity of $533-33. After the Indians, in pursuance of this agreement, have relinquished their lands, and after the state has taken possession of and sold them, can the government of this state refuse to fulfil the stipulations of the treaty, be- cause the Indians do not reside on the American side of the national line?
The St. Regis Indians represent that Thomas Williams left the Caugh- nawagas during the war, with his family, at a great sacrifice. It is true that he joined the American side during the war, and for doing this, his property may have been confiscated. But it will be seen by referring to the treaties, that Thomas Williams, who in 1796 was a Caughnawaga chief, in 1816, had become one of the chiefs and head men of the St. Regis tribe, and assisted in securing to the latter tribe an annuity of $1,300 for the sale of lands, reserved in the treaty with the Seven Nations of Canada. By joining the St. Regis Indians and aiding in the subse- quent sale for the sole benefit of this tribe, of the lands reserved by the treaty of 1796, Williams would of course lose all favor with the tribe to which he had originally belonged.
The exclusion of the Caughnawagas from a participation in the annu- ity secured by the treaty of 1796, is only one of the disturbing questions with which the St. Regis Indians are agitated. There are two parties in the tribe, one denominated the American party, and the other the British party ; and as they elect trustees under the authority of the laws of this state, the British Indians, it is alleged, join in and in some cases control these elections.
The strife in relation to the choice of trustees may have been increased and aggravated, from the circumstance that these trustees have been in the habit of issuing due bills, which are circulated and form a kind of paper currency. These due bills are made payable on the first Tuesday in August succeeding the date thereof, and are based of course on the money in the treasury and which is payable to the Indians on that day."
The comptroller advised against changing the time or mode of paying the annuities.
In 1834, there had been paid to one hundred and three families, com- prising three hundred and thirty-six individuals, $2,131.66 to the St. Regis, and $266.67 to the Caughnawaga tribe.
It is stated that when the government, after the war, decided to restore one half of the annuity of 1796, to the latter, that Mr. Denniston, the agent, told their deputies, that Williams having been a party to the treaty, ought to have a share of the money, and accordingly $50 had been paid to him annually.
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Those who wish to pursue this examination, will find by referring to the assembly documents of 1835, a further statement, with a copy of the paper purporting to confer upon the St. Regis Indians, authority to re- ceive the annuities of 1796, which the comptroller decided to be spurious ; and also a correspondence of James B. Spencer, at that time the agent, and documents showing that the St. Regis were deprived of certain rights previously enjoyed, in consequence of the course adopted in the war. Our space does not admit of further reference to this question.
The Caughnawagas being decided to be entitled to a portion of the annuity above mentioned, continued to receive it until 1841, (May 25,) when the commissioners of the land office were authorized,
" To direct the payment, in their discretion, to the Caughnawaga and St. Regis tribes, representing the Seven Nations of Canada, or any part or portion of them, of the principal of the annuities, or such portion thereof as they, the said commissioners, may from time to time deem proper, remaining under the control of this state, for the benefit of said Indians, or any portion of them. They were authorized also, to treat with any remaining tribes of Indians in the state for their lands, or the payment of moneys belonging to them, or in relation to roads running through their lands.
The acts of these commissioners were to be submitted to the governor for his approval, before they could have effect. Actions for trespass were to be prosecuted by the district attorney of the counties where they were committed, and the excess recovered, after paying the expense of prosecution, was to be distributed among the Indians. Three of the chiefs of the tribe might in like manner bring a suit for its benefit, with the written approbation of the supervisor of the town where the land was situated, or of any judge of the county courts, and security for costs in the latter case being given, approved by the supervisor or judge, at any time before or on the return of the first process in the suit."
The Caughnawagas have accordingly been paid the principal of their share of the annuity.
By an act passed April 27, 1841, the trustees of the St. Regis tribe duly elected, at a regular meeting, were authorized with the advice and consent of the agent for the payment of their annuities, to execute leases to white persons for any part of their unoccupied lands, for any term not exceeding twenty-one years, for such rents as may be agreed upon. The income of these leases was to be divided for the general benefit of the tribe. The district attorney of Franklin county, was to prepare the form of the lease, and none were to take effect unless with the written consent of the district attorney, or Indian agent, endorsed thereon. The fee for preparing the lease, attending to its execution, and endorsing it, was fixed at three dollars.
In pursuance with powers thus granted, considerable portions of the reservation have been leased, mostly to Canadian Frenchmen.
.
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HISTORY OF ST. LAWRENCE
The question of the propriety of this measure, has ever been a subject of contention and party strife among them, at their annual election of trustees. For several years, the party opposed to leasing land, has been in the ascendancy, and the measure has been discontinued.
The grass meadows on Grass river, in the town of Massena, were purchased from the St. Regis Indians, by the commissioners of the land office, in pursuance of powers vested in them by the legislature, on the 21st of February, 1845.
The amount purchased was, according to Lay's Map of 1801, two hundred and ten acres, at three dollars per acre. It was stipulated that if the amount of land should be found to overrun, the excess should be paid for at the same rates.
The Indian meadows on Grass river were surveyed by John W. Tate, in 1845, and patented in small lots in the years 1846, '7,'8, '9, and 1851.
By an act making provision for the education of the different Indian tribes of the state, passed April 30, 1846, it was enacted: That the sum of two hundred and fifty dollars should be appropriated for the building and furnishing of a school house, on the lands of the St. Regis Indians; and the further sum of two hundred dollars a year, for the term of five years, for the payment of the wages of a teacher and other expenses of the said school.
These moneys were to be paid from time to time, by the agent, who was to give his usual official bond, and report annually to the superin- tendent of common schools.
This appropriation was very judiciously expended by Phineas Att- water, Esq., the agent, in the erection of a school house, on the reserva- tion, and between the village and Hogansburgh.
In addition to the amount named in the previous act, a further sum of $75 was appropriated May 7, 1847, out of the United States deposite fund, to be expended by the agent paying annuities, in completing the school house on the St. Regis reservation, and in improving the school lot.
The act of 1846 was so amended as to give $300 per annum for the years 1847, 1848, for the payment of a teacher.
The novelty of the measure, with other causes, made it at first very popular, and the school was very fully attended. The parents evinced an interest in the measure that was surprising, and often visited the school, and took a deep interest in its success; but it became necessary to discharge the teacher, and those who have since been employed have failed to awaken the interest which was at first felt.
The British government have also maintained a school here for seve- ral years, but with no better success.
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The natives have often expressed their sense of the degrading in- fluences which the use of ardent spirits have exerted to their injury. The following memorial from the Oneidas, more than fifty years ago, addressed to the legislature as coming from the different Indian tribes, possesses a melancholy interest, and engages our sympathy as expressive of a refined sentiment of the heart, and a feeling that would do honor to man's nature, if expressed, not by the illiterate savage, but by one who had enjoyed all the advantages which civilization has conferred upon him.
" To the Legislature of the State of New York :
Brothers :
We, the sachems and chiefs of the different nations, desire your at- tention. You have often manifested a respect to our welfare, by way of good council. You have told us, that we should love one another, and to live in peace. You also exhorted us, to abandon our savage life, to adopt your mode of life in cultivating our land; to raise grain; to be sober and many other good things. We have made attempts to follow the good path you have pointed out for us, but find ourselves still de- ficient. And you seem to blame us for our backwardness, and we are to be blamed.
Brothers :
We have been often consulting upon our welfare. and to promote it --- we made but slow progress. For we find our great obstacle which we look upon as our enemy, by whose means our nations are almost reduced to the ground. Our young men. seem to be willing to become slaves to this tyrant, who goes in the name of SPIRITUOUS LIQUOR. To us he is a servant of evil spirit. When we found that our own endeavors and powers were too weak to prevent such an enraging tyrant, we united our voices, two years ago, to you for your assistance, that you might bind this tyrant. But you refused to give your assistance, which one brother had right to expect from another.
Brothers :
If such of your color, as sell us this article, were obliged to keep us in their houses while we are distracted with it, and suffer us in the desola- tion it makes, we then believe they would willingly call out as loud as we do for help, and existence. Therefore we can not but hope and firmly believe, that you will at this time, give all possible relief.
Brothers :
Remember, that we were willing to assist you to fight against your enemy. We were willing to let you have our lands when you needed. We were willing to maintain the chain of friendship with you, and we desire to live in peace, and to enjoy all your privileges. But how can we come to this, so long as you as it were willing to see us destroyed by this tyrant. In consequence of which, numberless audiences have taken place amongst us. And besides that you often told us, that the Great Spirit will send all drunkards to everlasting fire after death.
Brothers :
You are wise people, and you know the mind of the Great Spirit, But we are ignorant people, and you often call us savages. We know but little, and can do but little. And as you are our brothers, we would again look to you for help to lessen abundantly, that distracting article
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HISTORY OF ST. LAWRENCE
by some law of yours that we may have fair trial to walk in that path which you so highly recommended to us.
And in compliance with this our request, we shall ever acknowledge your friendship, and we leave it to your wisdom and humanity."
By a general act passed April 10, 1813, it was enacted:
" That no pawn taken of any Indian within this state for any spirituous liquor, shall be retained by the person to whom such pawn shall be de- livered, but the thing so pawned may be sued for, and recovered, with costs of suit, by the Indian who may have deposited the same, before any court having cognizance thereof."
It was made a penal offence to sell liquors to certain tribes by this act. By a law passed April 11, 1826, the provisions of a previous general act restricting the sale of ardent spirit, was extended to the Seneca and St. Regis tribe; and in this was prohibited the selling to any Indians of said tribes, or residing or visiting with them, any rum, brandy, gin, or other ardent spirits.
The traffic and use of ardent spirits with these people, was still further restricted by an act of April 20, 1835, which provides:
" That if any person shall knowingly sell or furnish to any Indians, belonging to or residing with the St. Regis tribe, any rum, brandy, gin, or other spirituous liquor, within the counties of Franklin or St. Law- rence, such person shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined at the discretion of the court, not ex- ceeding twenty-five dollars for one offence, or may be imprisoned not exceeding thirty days, and shall also forfeit for every such offence the sum of five dollars, to be recovered with costs in an action of debt by any person who will sue for the same, one half of which forfeiture to be paid to the prosecutor and the residue to the commissioners of common schools in each town; and that on the recovery of such forfeiture, the offender shall not be liable for any other or further prosecution for the same offence."
The act of 1826 was by this repealed. A still more stringent law was passed April 16, 1849, which forbade the sale or gift of ardent spirits to the Indians, or receiving pawns from them, under a penalty of not less than twenty-five dollars for the former, and a forfeiture of ten times the value of the latter for each offence.
Notwithstanding the most stringent and explicit laws prohibiting the sale or gift of ardent spirits to the Indians, it has been found hitherto impossible to restrain many from habits of intemperence, although there is far less of this now, than formerly. The influence of the present priest appears to be decidedly in favor of temperance.
The state, in its negotiations with the Indian tribes within its borders, has regarded them as a foreign power, so far as the cession of their lands is concerned, and as wards or minors as relates to their internal affairs. and their intercourse with individuals.
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A clause in an act passed April 11, 1808, directed that the district at- torney in the county of Washington, should advise and direct the St. Regis Indians, in the controversy among themselves and with any other persons, and defend all actions brought against any of them by any white person, and commence and prosecute all such actions for them or any of them as he might find proper and necessary.
On the 11th of April, 1811, the substance of the foregoing act was re- passed, with the following preamble and provision:
" And whereas, by the rules and customs of the said Indians, (many of whom are infants,) they are all tenants in common of their property, and all suits brought by them, or in their behalf, must be brought in the name of all of the individuals of the said tribe. Therefore;
Be it enacted, that it shall and may be lawful for the said district at- torney, in all suits which he may find proper and necessary to commence and prosecute on behalf of the said Indians, to bring it in the name of the St. Regis Indians, without naming any of the individuals of the said tribe, any law, custom or usage to the contrary notwithstanding."
The district attorney of Washington county, continued to be charged with the trusts reposed in him by the foregoing acts, until April 21, 1818, when a law was passed directing the governor to appoint district attor- neys in each of the counties of the state, and making it the especial duty of the one in Franklin county to perform all the duties previously re- quired of the district attorney of the fifth judicial district relative to the St. Regis Indians.
It has since continued the duty of this officer to act in their behalf, but it is said that he is seldom called upon to settle the internal difficul- ties of the tribe, although upon several occasions individuals have be- come amenable to the laws and have been dealt with accordingly.
In their internal affairs, they have seldom troubled their neighbors, and have been at little or no expense to their town or county as paupers,
The St. Regis are at present nominally divided into five bands:
1st. OKAWAHO, the wolf. At present the most numerous.
2d. RATINIATEN, the big turtle.
Second in numbers to the former.
3d. OKWARI, the bear. Third 66
4th. ROTINESITO, the plover. Fourth 66
5th. ROTISENNAKEHTE, the little turtle, the least numerous.
This division is a traditionary one, the purport and meaning of which are entirely lost.
It anciently related to war parties, and rude pictures of these several objects were used as distinctive marks in designating or recording events. A satisfactory account of these and other bands, will be seen in the first volume of the Documentary History of New York.
These distinctions descend in a line by hereditary succession, from mother to son.
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HISTORY OF ST. LAWRENCE
The female succession is common among all Indian tribes, and is ac- counted for by them in a characteristic manner, by saying that the mother of a person may be known with certainty, but not the father.
This classification is somewhat similar to that of the clans of Scot- land, and probably had its origin under similar circumstances, namely, petty wars, led by small parties and extending not far from the locality where they originated.
The marks became distinctive symbols by which they were known, and constituted a kind of heraldic designation, when painted on their garments and weapons, or marked upon the bark of trees to indicate the class or band to which the wearer or maker of the device belonged.
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