USA > New York > Livingston County > Geneseo > A history of the treaty of Big Tree : and an account of the celebration of the one hundredth anniversary of the making of the treaty, held at Geneseo, N.Y., September the fifteenth, eighteen hundred ninety-seven > Part 3
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9
31
Treaty of Big Tree
to buy their lands; the president knew he was rich and wanted for nothing, and that was the reason he was sent here; he hoped they would make up their minds on this business and let him go home, as he was old and had the gout, he had not long to live and wished to spend the remainder of his days with his family and friends. The council fire was then covered up. No council was held on the 5th as the time of the Indians was taken up with troublesome men who were meddling with the business, and treating them with whisky, which rendered them unfit for deliberations.
On the 6th, after a somewhat desultory speech by Chief Warrior Little Beard, on some matters unimportant to recite here, Red Jacket arose and after some observations of no great importance, concluded his speech by saying that they had agreed to try the value of their lands and offered a tract of six miles square, beginning at the corner of the Gorham and Phelps purchase on the Pennsylvania line, at $1 per acre, saying that "that was their price, that you need not offer us half that price, nor expect more land. Our friend, Colonel Wads- worth, will see that this bargain is just, and will confirm it." Then directing his talk to Mr. Morris, he said: "You know the value of land round a town that you settle, and we hope you will deal honorably with us. You will get $6 per acre, and we offer to sell at $1, therefore you ought to make your mind easy. Tomorrow would be a good time to answer this, or as Captain Williamson is present, you would consult with him and give your answer immediately. I have spoken my mind in a few words-very short."
Mr. Morris then rose, and said that he would speak his mind in a few words, just as short, substantially to the effect, "that the offer was worthy of no consideration whatever, could not be accepted, and if that was their final determination, they might as well cover the council fire. Still if you are again desirious of considering the offer I have made, I shall wait your answer." He had no sooner seated him- self than Red Jacket arose, and in great passion said: "Agreed, let us cover over the fire;" and furiously stretching his hand over the table said: "Let us shake hands, and part friends," and the business was considered closed. This offer of the Indians was not looked for; it was entirely unexpected. It was indeed a master stroke, and had the Indians steadfastly maintained that position, the result of the treaty would have been entirely different.
32
Treaty of Big Tree
On the 7th in the afternoon, the commissioners, Mr. Morris and Captain Williamson, were notified that the warriors would hold a council. They accordingly attended, and Cornplanter introduced his cousin, Little Billy, who he said would express their minds, which was to smooth the business of yesterday. Little Billy in a short speech, thanked the Great Spirit for his care over them the past night, and that He had permitted them to meet again; that they had kindled the fire, that their voices as warriors might be heard, alluded to the short speeches of the day before, and the abrupt closing of the council which was regretted, and was sorry for that short speech and the conduct of one of their warriors; wished to unite once more as friends, as, if the business was left as at present, it would cause them much uneasiness, and said that it was their wish to treat friendly with each other on this business. Mr. Morris answered saying that he thanked the warriors for their friendly interference to remove the misunder- standing. He was desirious that all misunderstanding should be buried in oblivion, and cheerfully united with them in again opening a friend- ly fire, and if it was their intention to renew the business, he would meet them in calmness. Farmer's Brother then asked the attention of all, and expressing his sorrow at the misunderstanding that had arisen and thanking the warriors for taking an early moment to ease the minds of the nation, the commissioners, Mr. Morris and Captain Wil- liamson, went on to say, that "agreeable with an ancient custom of their people, when a difference arose, it was referred to the warriors and headwomen, so now he said the warriors and headwomen would answer the propositions that had been made to them." Then Colonel Wadsworth expressed his satisfaction, congratulating them on their warriors taking the business in hand, and hoped that they might soon make up their minds so he might return to his home. General Shepard addressed them to the same effect, and Little Billy closed the proceed- ings of the day with recommending that the warriors would, while the business was being considered, abstain from drinking, and attend only to the interests of the nation.
On the morning of the 7th, Mr. Morris desired the interpreters to bring all the chief women to Mr. Wadsworth. After they were assem- bled, he told them that the business upon which he had convened the nation, was at an end; that their sachems had hastily covered the council fire, and he expected soon to go home. He repeated to the women the
33
Treaty of Big Tree
offer he had made to the sachems, and then said that "he had brought up from Philadelphia, some presents for them, and as they were not to blame for the ill-treatment he had met with from the chiefs, he would at all events, give them these things, and still would, in case of success, give them a number of cows, and that if he failed in the purchase, the expense he had already been at, was so great as to prevent his fulfilling the latter intention; he begged them to contrast their present situa- tion with the one in which they would be placed if provided with money enough to provide the comforts of life. He concluded by deliv- ering a string of wampum, and told them that whenever they experi- enced the hardships of poverty, to show it to their chiefs and tell them that with that belt they had been offered wealth which the chiefs rejected. This was a rare good stroke of business diplomacy. The women soon declared for selling, and things took on a different aspect. He then went on to tell the women about the large amount of money he had offered them, told them how many horses it would take to bring it, and how many barrels it would fill, and what wonderful things it would do for them.
When the proceedings of the afternoon were concluded Farmer's Brother asked Mr. Morris if he were going home early in the morn- ing. Mr. Morris said he should prepare to go, "but that it would take him several days to pack his things, and that he was obliged on this account to stay, that notwithstanding the business was ended, he did not want to leave his brothers in bad temper; that he had kindled the council fire and therefore it was his, and not Red Jacket's business to put it out; that as things were, they might again meet, become recon- ciled to each other, and part friends." Young King arrived this day; his friend and cousin having died he refused to attend to business till the day after his burial. The business was then explained to him and he expressed himself as opposed to the sale; that the nation might do as it thought best, but his voice was against it. Notwithstanding these protestations Young King eventually yielded and withdrew his opposition.
No public council was held on the 8th, the day being consumed in counciling in small parties, both men and women. It was surmised, however, that progress was being made toward a more favorable con- sideration of Mr. Morris's offer. As it was important that the efforts of some persons who were dealing out whisky and insinuating that Mr.
34
Treaty of Big Tree
Morris was going to cheat them, should be thwarted, one Alexander Ewing, a leader among them, was taken into custody, and not being able to procure bail, was sent to Canandaigua jail, which caused much alarm among the intermeddlers and effectually suppressed their practices.
When the council was opened on the 9th, Little Billy stated that before entering on business one of the Cayuga brothers desired to address a few words to the Seneca nation. The Cayuga, in a brief speech, counseled deliberation, as the business was of great importance, and urged that they should be united. Little Billy then spoke, saying in substance to Mr. Morris and Captain Williamson: "We hope you will make your mind easy on the business before us; it has long been before us; an answer was given by the sachems which was not agreea- ble; the business has been referred to us, the warriors; we counciled on it yesterday but the day being rainy and uncomfortable nothing was concluded; today we are united as one, and will now deliver our mind in writing and request the person who wrote it for us to read it publicly; there is no secret in it."
Cornplanter's speech was then read. He said in part: "The coun- cil fire was kindled at the request of Mr. Morris. The sachems covered the council fire, but Mr. Morris claims it was not entirely covered ; that he means to lay the business before the warriors and women. I wish to remind you of some of the promises made by the United States at the close of the war. The commissioners told us they had got strong and if we would be peaceful they would take us under protection, and make our seats firm and permanent, even if they were surrounded by white people, and we should not be disturbed. I have always told my people to look up to General Washington as our father, as he was the governor of the thirteen fires. We are happy to find that you have grown to be a great people, and are now fifteen fires. We have been told that our land would become very valuable to us. We are sorry to find that the president has consented to the sale of our lands at this council fire. It would have been more satisfactory to us had it been left all to ourselves. We wish to act as we please in this business; under this situation we hope the president, General Chapin and all the gentlemen interested will take pity on us. We have furnished seats for many brothers of other nations. In every town are buried the bones of our ancestors. This
35
Treaty of Big Tree
makes us very stingy of our lands. Still, if you will leave the matter entirely to us we will conclude a bargain with Mr. Morris." The speech concluded by asking Mr. Morris to consult the Book of the Great Spirit and see if he could find anything in it directing white people to intrude on Indian.
Colonel Wadsworth then addressed the Senecas, in an effort to disabuse their minds of some erroneous impressions, closing in these words: "I despair of asking you to let me go home; I must patiently wait your time." Mr. Morris then addressed the Indians, in part to this effect: "I was in hopes to be informed by you and your women, whether you intended to sell the whole of the lands, or if not, what part, but if you have not had time to consult on the several points referred to you, you can yet have it, and make your answer when you please. *
* I consider the offer I now make you for your lands to be strictly honorable, generous and calculated for your real benefit." Cornplanter then said: "Brothers, we now understand you perfectly well. The commissioner tells us we are mistaken in our idea of the president. We heartily thank him for removing the mistake from our minds. We shall again take into consideration the business before us and give an answer as soon as possible. We beg our brother, Mr. Morris, will lend us the large map of our country, which shall be care- fully restored."
At the opening of the council on the 10th General Shepard informed the Indians that Colonel Wadsworth was not well enough to be present, but that everything should be made known to him. Little Billy then rose and stated that they were not prepared to give an answer to Mr. Morris's proposition and Cornplanter would make it known. Corn- planter then proceeded, reciting the purpose of the council, stating that it was understood by him that it was old Mr. Morris who desired the council fire, that he only had the right to purchase our lands, and we are now, after making the reserves, prepared to close the bargain. That the sum offered they considered as small, but as they were to make such reserves as will suit their purpose, he advised that he (Mr. Morris) make his mind easy on the business. Mr. Morris might consid- er the reservations as too large, but the mode in which the country is to be settled will give the whites great advantages, and that it would be but generous to add to the annuity. Our seats we want to be large enough, so that we can give our Indian brethren room in case they
36
Treaty of Big Tree
should be crowded by the whites, and we wish it distinctly understood that they are to be our own forever." To this Mr. Morris replied, among other things saying: "I am happy to find that you have determined on a sale of your lands, for if this treaty had failed it would have been impossible for my father to have collected the chiefs and warriors again on this business.
* In case the matter should have ever been called up again, it would become necessary for some of your sachems to visit Philadelphia, and it would not be as satisfactory as an open and fair one like this, at which every man, woman and child capable of thinking can know whatis pass- ing; but brothers, as you have not described your reservations, you can- not expect my consent, until informed of their extent. I am not unrea- sonable, nor do I wish to be tight, but as the sum I offer is very large the reservations ought to be small. I would wish you immediately to appoint chiefs, to describe the reservations necessary for each tribe." Little Billy then addressed the nation, mentioning "that by the speech they had just heard, they would see the necessity of appointing suitable persons to make the reserves," and proposed that "each village should make their appointments, that they might be ready to meet on this business tomorrow," and then the council was closed for the day. Young King must have absented himself from some of the proceedings as on the 11th he is said to have arrived with a young war chief (name not given) who desired to be informed of all that had passed, so James Rees read to him the journal, and all the speeches, and he expressed himself as satisfied.
Much of the time of the 12th, 13th, 14th and 15th was spent in determining on the reservations. It was with much difficulty that they could be kept within reasonable bounds. The Buffalo Indians were very extravagant in their demands, at first claiming 980,000 acres. The Cattaraugus tribe wanted about 650,000 acres; the Genesee Indians wanted two miles along the river and as many back; the Cana- waugus Indians, eight miles square; Big Tree and Little Beard each six miles square; while Shongo and Hudson wanted for the Carrica- dere (Caneadea) Indians, a tract fifty miles long, by six wide. Mr. Morris was assisted in the negotiations relative to the reservation by Joseph Ellicott, and their only way of settling the matter was by counciling with each party separately, and a very warm time they had of it. The greatest obstacle to a reasonable adjustment was Red Jacket,
37
Treaty of Big Tree
who insisted upon a reservation which would have included 900,000 acres for the Buffalo Indians alone; he was very violent in their contention, that their national pride and character would be lost unless they retained that amount. Mr. Morris declared that he was unreasonable, that he had offered them all the whole of their land was worth, and generously allowed them what in reason they might wish to retain, and now after receiving pay for their lands, they wanted to take half of it back. Red Jacket persisted, but Mr. Morris would not yield, said his father would call him unfaithful, and upbraid him with folly if he did. Finally Mr. Morris offered the Buffaloes 100 square miles; which they rejected, and told him that "they were the sellers, and would not be told what they would part with; they would sell only what they pleased." To which he replied that "he was the payer and would only pay for what he pleased." They asked him how much he proposed to deduct from the $100,000 if they would make the reservations no smaller. He told them $25,000, to which they consented, and begged that it be so put in the writing. It was however finally agreed that the Buffalo reservation should contain 200 square miles and the $100,- 000 consideration remain. The extent and descriptions of the several other reservations were finally agreed upon as they appear in the conveyance. Red Jacket made the final speech of the treaty, and Mr. Morris was requested to cover the council fire.
The deed of conveyance was then prepared, and distinctly read and explained to the Indians. Colonel Wadsworth then asked if they understood it perfectly. They replied that they understood it well, and it was in every respect agreeable. They were then asked to sign. At this juncture Red Jacket arose and presenting Ebenezer Allan's daughter, desired to be informed as to the situation of the land the nation had given to Allan and his children. Mr. Morris said that his father had bought of, and paid Allan for it, and how he was paying the nation for it again. The young woman here interrupted him with "No, Mr. Morris, it was only the improvements he sold." To which he replied that "the papers would prove the contrary." She then turned to Colonel Wadsworth and said: "I forbid the commissioners from buying any of the lands given to me by the Indians." He told her she had been wrongly advised; that he had nothing to do with it, but that for her satisfaction he would examine as to her claim, and give any certificate thereof that was proper, if she would call on him in the
38
Treaty of Big Tree
morning, Colonel Wadsworth then gave notice that he would leave early in the morning, as he was anxious to get home. And the council of the Big Tree was ended.
The names of fifty-two Indians; sachems, chiefs and warriors of more or less renown, but all in a high degree representative, were appended to the treaty, or deed of conveyance, and the property conveyed was described as follows: "All that certain tract of land except as hereinafter excepted, lying within the county of Ontario, and state of New York, being a part of a tract of land, the right of pre-emption whereof was ceded by the state of New York to the commonwealth of Massachusetts, by deed of cession, executed at Hartford on the 16th day of December, 1786, being all such part thereof as is not included in the Indian purchase made by Oliver Phelps and Nathaniel Gorham, and bounded as follows to wit: Easterly by the land confirmed to Oliver Phelps and Nathaniel Gorham, by the legislature of the com- monwealth of Massachusetts, by an act passed the 21st day of Novem- ber, 1788; southerly by the northern 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 right angled triangle, whose hypothenuse is in or along the shore of Lake Erie; partly by Lake Erie, from the northern point of that triangle to the southern 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, all such pieces or parcels of the aforesaid tract, and such privileges thereunto belonging, as are next hereinafter partic- ularly mentioned, which said pieces or parcels of land so excepted, are by the parties to those presents, clearly and fully understood to remain the property of the said parties of the first part, in as full and ample manner as if these presents had not been executed." Robert Morris signed by his attorney, Thomas Morris. It was sealed and delivered in presence of Nathaniel W. Howell, Joseph Ellicott, Israel Chapin, James Rees, Henry Aaron Hills, Henry Abeel, Jasper Parish and Horatio Jones, as interpreters, also witnessed, and Jere Wadsworth and William Shepard appended their names to certificates thereto. The following signed on the part of the Seneca Nation:
39
Treaty of Big Tree
Koyengquahtah, alias Young King, his X mark, (L. S.) Soonookshewan, his X mark, (L. S.) Konutalco, alias Handsome Lake, his X mark, (L. S.) Sattakanguyase, alias Two Skies of a Length, his X mark, (L. S.) Onayawos, or Farmer's Brother, his X mark, (L. S.) Soogooyawautau, alias Red Jacket, his X mark, (L. S.) Gishkaka, alias Little Billy, his X mark, (L. S.)
Kaoundoowana, alias Pollard, his X mark, (L. S.) Ouneshalarkau, or Tall Chief, by his agent Stevenson, (L. S.) Onnonggarhiko, alias Infant, his X mark, (L. S.) Teahdowaingqua, alias Thomas Jemison, his X mark, (L. S. Tekonnondee, his X mark, (L. S.) Oneghtaugooan, his X mark, (L. S.)
Connawaudeau, his X mark, (L. S.) Taosslaieffi, his X mark, (L. S.) Kocenwahka, or Cornplanter, his X mark, (L. S.)
Oosaukaunendauki, alias To Destroy a Town, his X mark, (L. S.) Sooloowa, alias Parrot Nose, his X mark, (L. S.) Toonahookahwa, his X mark. (L. S.) Hirowennounen, his X mark, (L. S.) Kounahtaetone, his X mark, (L. S. Taouyaukauna, or Blue Sky, his X mark, (L. S.) Woudougoohkta, his X mark, (L. S.)
Sonauhquakau, his X mark, (L. S.) Twaunaulyana, his X mark, (L. S.) Takaunondea, his X mark, (L. S.) Shequinedaughque, or Little Beard, his X mark, (L. S.) Jowao, his X mark, (L. S.) Saunajie, his X mark, (L. S.)
Tauoiyuquatakausea. his X mark, (L. S.) Taoundaudish, alias Black Chief, his X mark, (L. S.)
Tooauquinda, his X mark, (L. S.)
Ahtaon, his X mark, (L. S.) Taukooshoondakoo, his X mark, (L. S.)
Kauneskanggo, alias Col. Shongo, his X mark, (L. S.) Soononjuwan, alias Gov. Blacksnake, his X mark, (L. S.) Tonowamya, or Capt. Bullet, his X mark, (L. S.) Jaahkaaeyas, his X mark, (L. S.)
Taughikshanta, his X mark (L. S.) Sukkenjoonan, his X mark, (L. S.) Ahquatieya, or Hot Bread, his X mark (L. S.) Suggonundan, his X mark, (L. S.) Taunowaintooh, his X mark, (L. S.) Konnonjoowauna, alias Big Kettle, his X mark, (L. S.) Soogooeyandestak, his X mark, (L. S.) Haulwananekkan, by Young King, his X mark (L. S.) Sauwijuwan, his X mark. (L. S.) Kaunoohshauwen, his X mark, (L. S.) Taukouondaugekta, his X mark, (L. S.) Kavuyanoughque, or John Jennison, his X mark, (L. S.) Holegush, his X mark, (L. S.) Taknaahquan, his X mark, (L. S.)
40
Treaty of Big Tree
The reservations, as finally agreed upon, were the Canawagus, Big Tree, Little Beards, Squawkie Hill, Gardeau, each of two square miles, and Caneadea, of sixteen square miles, all on the Genesee river, one at the oil spring near Cuba of one square mile, one at Allegheny river of forty-two square miles, and one each at Buffalo and Tona- wanda creeks, containing together two hundred square miles, and one at Cattaraugus of forty-two square miles, in all 198,400 acres. By some inadvertence the Oil Spring reservation was not enumerated with the others in the conveyance. This was noticed by some of the Indians, and some accounts say a "big drunk" followed, and the Indians threatened to annul the whole transaction, unless the Oil Spring reser- vation was reconveyed to them. The matter was laid before Thomas Morris, who took a piece of paper, with his own hand, wrote thereon such a conveyance, signed and executed it, and gave it to Handsome Lake, a leading chief, stating to him its purport. Handsome Lake died soon after, and the paper was never after seen. Having never been re- corded the legal status was the same as at the moment of the discovery of the omission. The paper title being in the Holland Land Company, it was sold to Benjamin Chamberlain, Staley N. Clark and William Gallagher. Gov. Horatio Seymour afterward held one-fourth part of it. The Indians directed their attorney, Daniel Sherman, to begin an action of ejectment against Philonious Pattison, who had acquired the part on which was the spring, and after considerable litigation won the case, mainly on the testimony of Governor Blacksnake, who said that for years he had kept in a chest under his bed a map made by Joseph Elli- cott, of the Indian lands sold at the treaty of Big Tree, with the reser- vation marked in red ink. Blacksnake said that Ellicott presented the map to the Senecas at a council of Tonawanda in 1801, stating that the map contained a correct description of the reservations made by the Big Tree treaty. The question as to the title of the Indians to Oil Spring reservation has never since been raised. It is said that Gover- nor Seymour utterly refused to take any part in the defence of the suit, The title of the Oil Spring reservation is still in the Seneca Indians. Mary Jemison insisted on the Gardeau reservation being described by natural boundaries which she herself designated. It was towards the last of the business, and Mr. Morris, no doubt pretty well tired out, assented, under the impression, says Doty, that not more than 150 acres would be included. When finally surveyed, it was found to measure
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.