USA > New York > Erie County > Buffalo > An authentic and comprehensive history of Buffalo : with some account of its early inhabitants, both savage and civilized ; comprising historic notices of the Six Nations or Iroquois Indians, including a sketch of the life of Sir William Johnson, and of other prominent white men, long resident among the Senecas ; arranged in chronologial order > Part 4
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 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33
"The Indians of the Five Nations have taken up the hatchet against us ; we must do with them as we intend to do with the English, we must drive them out of the country. They are our enemies. But an old man made this answer: 'You, that have spoke last, have spoken
43.
STATE COMMISSIONERS ADDRESS TO THE INDIANS.
wrong, for although this is true, that some of the Five Nations have struck us, yet it is not their natural incli- nation to be at war with us. They have been misled by the English, and they will repent of it. We must there- fore not drive them from their country. On the contrary, we must now agree that they may keep their country. We must do more. We must agree that if any person shall by fraud, or by making any Indians drunk, persuade them to sell their lands, the sale shall be void. We must agree that no person shall purchase lands from them un- less by consent of our great council; for we must keep the Indians within the limits of our government. Their fathers were kind to our fathers when they came to this country. We must be kind to them, and treat them as brothers.' The old man's advice was attended to, and the whole council said, let us come to such an agreement, and it was done.
" But the King of England by treaty, long ago had given all the lands to the westward to the thirteen United States, and since the peace, the great council of the Bostonians claimed the country of the Five Nations ; but our great council said the Five Nations must never be under the government of the Bostonians. They are our brothers ; but we will send deputies to meet deputies from them, to settle the matter in a friendly way. The deputies met last fall, and it was agreed that the Five Nations should remain with, and be considered as living within, the limits of the State of New York ; but that whenever the Senecas and Cayugas wanted to sell any lands, that our great council should permit the Bostonians to buy, that the Indians might not be deceived and cheated.
"Brothers-The particulars of this agreement, and.
-44
HISTORY OF BUFFALO.
what part of your country the Bostonians may buy, will, as we are informed, be communicated to you by the Governors of New York and Boston in the course of the next summer.
" Brothers-You see how attentive we have been to your interests, and how anxious we are that you should mever quit the country in which the bones of your ances- tors are buried. We forget what passed during the war, and we wish to cultivate the most perfect friendship with .you. We give you this information of the fact, lest wicked and designing men should impress your minds with wrong information and make you uneasy."
To which the Indians made the following answer :
" BROTHERS :- We had before this received a hint of the agreement you have mentioned, and are very happy that you, our brothers of Albany, have been so kind as to communicate to us your settlement with the Bostoni- ans, and thank you for the presents you have made."
It was during the period immediately succeeding the close of the revolutionary war, and while both the United States and the State of New York were making efforts to negotiate with the Indians through their Commission- ers, respectively, that an interest, antagonistic to both, was built up by a combination of individuals, composed at first of a few influential, active men, residing for the most part upon the Hudson River, but ultimately em- bracing a large number of persons both in the United States and Canada. The Constitution of the State for- bade the purchase of lands from the Indians by individ- uals ; and this combination was formed for the purpose of evading the provisions of the fundamental law by ob- taining a lease of all the Indian lands in the State. Two
45
LEASE OF THE INDIAN LANDS.
companies were organized -- one called the " New York and Genesee Land Company," and the other the "Niag- ara Genesee Company." Dr. Caleb Benton, John Liv- ingston and Jared Coffin, were the principal managers of the first, and Col. John Butler, Samuel Street, Capt. Powell, Wm. Johnson, - - Murphy and Benjamin Bar- ton - all residents of Canada except the last - repre- sented the latter. The influence of Col. Butler and his subordinate officers with the Indians - together with several members of the New York Company, who had for a long period been Indian traders - enabled this Company to bring an influence to bear upon the Indians which was irresistible ; and this Company, in November, 1787, obtained a lease for " nine hundred and ninety- nine years," of all the lands of the Six Nations in the State of New York, except some small reservations - the Indians reserving the privilege of hunting, fishing, &c., upon the lands. The annual rent stipulated to be- paid was two thousand Spanish milled dollars and a bonus of twenty thousand dollars in hand. In February, 1778, the lessees, emboldened by their strength and suc- cess, petitioned the State Legislature to recognize their leases, (for there were two of them, one from the Six Nations, the other from the Oneidas,) " under such re- strictions as to them, in their wisdom, shall appear just and equitable." Notwithstanding the lessees had several of their number in the Legislature at this session, their petition was rejected in a most summary and decisive manner ; and by a concurrent resolution, the leases were declared to be purchases, and therefore void; and em- powered the Governor to use the forces of the State, should it be necessary, to prevent the intrusion or settle- ment upon the lands claimed under the leases.
46
HISTORY OF BUFFALO.
The Legislature proceeded to pass an act, March 1st, 1788, appointing Commissioners with power to hold treaties, &c., with Indians, for preserving their friend- ship, purchasing their lands, " and with further power to inquire touching all leases, or other purchases of or con- tracts for the sale of lands, suggested to have been ob- tained or made without the authority or consent of the Legislature." They were authorized, in the prosecution of their investigations, to send for persons and papers ; to call into service the militia, &c., &c.
The Commissioners immediately entered upon the dis- charge of their duties, and appointed Jolın Tayler, of Albany, agent of the Board at that place. The Commis- sioners addressed a message to the Six Nations, of which the following is a copy :
"SACHEMS AND WARRIORS OF THE SIX NATIONS :- Open your ears to the voice of the great council of the State of New York, for in their name we now speak to you.
" Although the late war has for a time interrupted the brotherly intercourse which was so pleasing to your and our ancestors, yet we have never been unmindful of the friendship which was between them, and which it is our earnest desire should forever remain between yon and us. With this good disposition, which has been given us by the Great Spirit above, we met you in a treaty at Fort Schuyler, (Stanwix) shortly after the general peace ; and with the same disposition we now wish to meet you again, in a treaty, at the same place, on the tenth day of July next, as well, to brighten the chain and renew the covenant which has long bound us together - to confer with you on matters of great importance to our mutual happiness and welfare.
47
ADDRESS OF THE N. Y. COMR'S. TO THE INDIANS.
"Brethren-We have heard that some of our people have been among you to purchase by taking a lease of your lands from you, without the consent of our great council, and contrary to the good old rule and custom which has always been between your forefathers and ours, and between you and us. Listen to our advice. This is one of the principal matters about which we wish to talk with you; and we advise you, as well for the sake of yourselves and your children, and children's children, as for your own sakes, that you will not suffer any of these people to come and settle upon your lands.
" Brethren-These people who have been to purchase your lands have been disobedient children to their father, the great council. Brethren, a belt will be delivered to you in confirmation of this our message to you."
Notwithstanding these vigorous measures of the State authorities, their opponents were neither idle or without influence. They were actively at work, through their agents, in persuading the Indians not to listen to any com- munications from the State Commissioners, or to attend the proposed council at Fort Stanwix. Early in May, 1778, the lessees, through Mr. John Livingston, made a proposition to the State Commissioners, to procure for the State " a conveyance of all the lands owned by the Indi- ans within the claim of New York," provided the State would repay them the money they had paid the Indians, and the costs and expenses they had actually incurred, and convey to said John Livingston and his associates, one half of the land so obtained, to be located in the Oneida country, and also one half of the land so obtained in the Seneca, Cayuga, and Onondaga country. The proposition was rejected by the Commissioners in the fol-
48
HISTORY OF BUFFALO.
lowing terms : "your propositions are of such a nature that they (the Commissioners,) do not conceive themselves authorised by law to treat with you thereon, and if they had authority for that purpose, the propositions would be considered by them as altogether inadmissible."
In the meantime, Livingston and his associates were sending goods and provisions into the Indian country. Upon the return of the messenger from the Seneca's country, with the answer to the message of the State Com- missioners to them, Mr. Tayler writes to Gov. Clinton that he has his fears whether any number of the Six Na- tions, except the Oneidas, will attend the treaty at Fort Stanwix in July, and suggests that it had better be post- poned until September; that a large meeting was held at Buffalo Creek, at which Col. Butler from Niagara, and others, were present. The speeches were delivered by Dean, interpreter for Schuyler and Livingston ; that the letter from Buffalo Creek was written by Stevens, son to the British interpreter at Niagara, who likewise resides there. The following is a copy of the letter alluded to . above :
" BUFFALO CREEK, 14th May, 1788.
"SIR :- We have had the pleasure of seeing your procla- mation, in which we are happy to find your Excellency, and your State, has considered the lease which Mr. Liv- ingston and his friends has taken from some of our young men, contrary to the resolutions and speech from the whole of the sachems and chiefs of the Six Nations, the purport of which was to cover up the fire they had kin- dled at Kanedesaga, until the spring, when we promised to attend. They told us they were sent by Congress;
-
49
LETTER OF THE SIX NATIONS TO GOV. CLINTON.
otherwise, we should not have taken the least notice of their message, as we had already promised Congress not to attend any council but what should be called by their authority. We must therefore beg of you to prevent any of your people from settling upon our lands, as we look upon the lease. not to be in the least binding, since not one sachem or principal woman had given their con- sent ; nor will we receive their money, but keep our lands. We are all preparing to go to the council at Tus- caroras, and have desired Mr. Livingston to meet us there, where we hope to setttle all our affairs according to promise, and shall be ready to hear what he has to say. We shall then expect every assistance from the deputies from Congress, to assist us in our grievances, at that meeting ; and we are much obliged to your Excel- lency for your obliging speech and attention to our inter- ests, and are, with the greatest respect, your Excellency's most humble servants."
Signed by a number of chiefs of the Six Nations.
Kanedasaga had not been the residence of the Indians since its destruction, in 1779, by Gen. Sullivan. It had long been the favorite residence of the Senecas. An ancient Indian fortification, known as "Fort Hill," is located on lot 58, and was covered with heavy forest trees when first known to the whites. And the beautiful ground called the " Old Castle," about one and a half miles northwest of the village of Geneva, was covered with apple trees planted by the Indians. This, it is said, was their ancient burial ground ; and in the treaty con- veying these lands, it was stipulated that this ground should remain undisturbed by the white man's plow, and for many years the Indians watched the progress of im- 4
50
HISTORY OF BUFFALO.
provement and change, to see that the resting place of their fathers remained undisturbed.
Although it had ceased to be a residence of the Sene- cas, " Kanedasaga " became the seat and centre of the Indian traders, land speculators and surveyors, and an important point for emigrants and drovers. It was here that the lessees, as well as the agents of the State and of the pre-emptionists, contemplated to make their head- quarters. It was in 1788 that Peter Ryckman and Seth Reed had established themselves at Kanedasaga - Reed at the Old Castle, and Ryckman upon the lake shore.
In the settlement between Massachusetts and New York, by which Massachusetts relinquished her right of jurisdiction over all the Indian lands in western New York, she retained the right to the soil, subject to the claim of the Indians ; or rather, New York yielded to Massachu- setts the pre-emptive right to purchase the fee of the In- dians.
Oliver Phelps had become favorably impressed with the beauty and fertility of the Genesee country, by his intimacy with Major Hoops, and others in Philadelphia, and by the representations of his New England neighbors, who had been in Gen. Sullivan's ex- pedition, resolved to become the purchaser of one mil- lion acres of these lands. Before his plans were ma- tured, however, he learned that Mr. Nathaniel Gorham had made proposals for a purchase of a portion of the Genesee lands. He immediately conferred with Mr. Gorham, which resulted in their uniting their interests ; but their application to the Legislature proved unsuc- cessful.
This movement of Messrs. Phelps and Gorham brought
51
PHELPS AND GORHAM'S PURCHASE.
others into the field ; and a compromise was made by admitting all who had any intention of purchasing, as partners - Messrs. Phelps and Gorham being constituted the representatives of all the associates. They made proposals for the purchase of all the lands embraced in the cession to Massachusetts by New York, stipulating to pay therefor the sum of one hundred thousand dollars in the paper currency of Massachusetts, which was then worth less than fifty cents on the dollar. The proposi- tion was acceled to ; and the share-holders had a meet- ing, and appointed Gen. Israel Chapin to explore the country. Mr. Phelps, as the general agent, was to hold a treaty with the Indians for the extinguishment of their title. Mr. Gorham was appointed to confer with the au- thorities of New York in regard to running the pre- emption line ; and Mr. William Walker to act as land agent and surveyor.
As all parties had been brought to harmonize by uniting all their interests together, little trouble was an- ticipated in accomplishing the objects of the association.
Although the lease of Livingston and his associates had been declared illegal and void, yet from the charac- ter and well-known influence of the leading members of that association, it was thought to be of the utmost im- portance to conciliate that interest also. For this pur- pose, Mr. Phelps met some of the principal lessees, and negotiated an arrangement with them, the precise terms of which have never transpired. It was, however, stipu- lated on the part of the lessees that they would hold an- other treaty at Kanedasaga, surrender their lease to all their lands west of the Massachusetts pre-emption line, and procure for the same a deed of cession from the In- dians to Phelps and Gorham and their associates.
52
HISTORY OF BUFFALO.
Supposing that all obstacles had now been removed or overcome, Mr. Phelps returned to New England and pre- pared to attend the proposed treaty at Kanedasaga - en- gaging his agents, surveyors and assistants, to enter up- on the possession and survey of the country. Upon his arrival at Schenectady, he wrote back that many unfavor- able rumors had reached his ears ; that he was likely to be delayed by the non-arrival of Mr. Livingston ; that an Oneida Indian had arrived from the west and brought a report that Brant had collected the Indians at Buffalo Creek, and was persuading them " not to treat with us."
Mr. Phelps arrived at Kanedasaga about the first of June, but found no Indians there ; and learned that But- ler and Brant had collected them at Buffalo Creek, and were using their influence to prevent them from treating with Livingston, who had arrived at Kanedasaga with goods and provisions for the treaty.
After waiting till the middle of June without accom- plishing any result, Mr. Phelps discovered that there did not appear to be a good understanding between the "New York Genesee Company " and the "Niagara Genesee Company." Inferring that the balance of pow- er seemed to be in the hands of the latter, he proceeded immediately to Niagara, where he saw Col. Butler, Brant and Mr. Street, and secured their co-operation to procure the attendance of the Indians at Buffalo Creek, there to hold a treaty, instead of Kanedasaga.
Mr. Phelps returned to Kanedasaga and joined his party, which had remained there, where they continued to remain until a depatation of chiefs arrived to conduct them to the council fire at Buffalo Creek, where they ar- rived on the 4th of July, 1788.
53
PHELPS AND GORHAM'S PURCHASE.
There were present the following persons, representing the various interests : Rev. Samuel Kirkland, agent of Massachusetts ; Elisha Lee, Esq., of Boston, assistant ; John Butler, Joseph Brant, and Samuel Street, of the Niagara- Genesee Company ; John Livingston, Caleb Benton, and Ezekiel Gilbert, of the New York Genesee Company ; there were also present chiefs of the Onon- dagas, Cayugas and Mohawks. James Dean, Joseph Smith, William Johnston, and Mr. Kirkland, acted as in- terpreters. There were several officers from Fort Niaga- ra also present. Mr. Phelps opened the proceedings by producing the commission given him by the Governor of Massachusetts, which was interpreted to the Indians ; he then addressed the Indians in a speech explaining the object of the treaty, the right he had purchased of Massa- chusetts, all which was interpreted to the Indians. The Seneca chiefs, of whom there was a pretty full delegation present, were in favor of selling a portion of their lands, but urged strongly that their eastern boundary should be the Genesee river ; but after several day's negotiation, the boundary was agreed upon as it was afterwards estab- lished. The treaty appears to have been conducted in a kind, conciliatory manner, and after the question of boun- dary was settled, the parties agreed to submit the ques- tion of price, to the decision of Col. Butler, Joseph Brant, and Elisha Lee, Esq., as referees, who fixed the sum to be paid the Indians at five thousand dollars in hand, and five hundred dollars annually forever.
There is little doubt that without the aid and influence of Col. Butler and his associates, the purchase of the lands from the Indians could not have been made by Mr. Phelps at this time, and it was by giving them an interest in the
54
HISTORY OF BUFFALO ..
purchase, that their influence was secured. It would . seem, however, that some misunderstanding grew out of the matter which led to litigation. Sam'l Street and others, his associates, filed a bill in chancery, claiming that they were entitled to the proceeds of "fifteen one hundred and twentieth parts " of all the land purchase. There was other litigation between the two lessee com- panies, or different members of them, not effecting how- ever, the validity of Phelps & Gorham's purchase.
The following letters reveal the position of Col. Butler and others :
COPY OF A LETTER FROM COL. JOHN BUTLER TO THE
HON. OLIVER PHELPS.
NIAGARA, 20th July, 1788.
" DEAR SIR :- I hope ere this reaches you, that you will have made your friends satisfied with what you ac- complished at Buffalo Creek.
"On my mentioning to you my intention of settling some of my friends in Connecticut on the new purchase, and of my wish to locate twenty thousand acres on the Gene- see river for them, you was good enough to give me your word to have it done if in your power. In consequence of which, I have given them some encouragement, and have empowered them to receive from you that quantity of land, which they will begin improving upon immedi- ately, if you can give them the encouragement that I hope and expect you will. I wish to have the above twenty thousand acres conveyed to Geo. Dennis, Sen., one third, Benj. Dennis one third, and to my two sisters, Debora Freeman and Ann Douglass, the remaining third, and if
55
LETTER OF COL. BUTLER.
it is convenient to you that the deeds may be executed to them separately, if not, that their names may all be in- serted in the deed given them.
" Mr. Geo. Dennis, Jr., will wait on you on his return, with a -- from Sam'l Street and associates, to draw land as above mentioned.
"Something being mentioned when at Buffalo Creek, of making a purchase of about twelve miles square on the lake at Niagara, which may be an introduction for getting that breadth all the way on the lake to the twelve miles on this side of Genesee river soon, therefore if you will allow me the half fee of the pre-emption cost, I will un- dertake to make the Indian purchase at my own expense, for twelve miles square or thereabouts.
" I hope to have the pleasure of hearing from you soon on this business, and am,
Your Very Humble Servant, JOHN BUTLER."
"SUFFIELD, Jan. 19th, 1788 .- Received of Nath'l Gor- ham and Oliver Phelps, Esquires, conveyances for one third of township No. 11, - the Genesee river by vir- tue of this letter and to the persons and in the proportions therein mentioned. I also being empowered by Sam'l Street of Niagara, also to receive the said land, and I en- gage to submit the value of the said land now conveyed, to the appraisement of indifferent men to determine the proportion it bears to the remainder, which I, Oliver Phelps, Esq., am to receive when the other part of the country is purchased of the natives.
GEORGE DENNIS, Sen."
-
56
IIISTORY OF BUFFALO.
The following is a letter of Joseph Brant to Gov. Clin- ton, written after the close of the treaty :
BUFFALO CREEK, July 9th, 1788.
" BROTHER ATTEND :- Since we wrote you about two months ago respecting the lease, which Mr. Livingston had obtained of our lands, we have held a great council with our brothers from Boston, at which all the chiefs and principal warriors of the Six Nations attended. At this great meeting we have sold part of our country to our brothers from Massachusetts, in presence of our brother Col. Butler, and have also settled, and adjusted, all our other land affairs, and after a tedious attention to the bu- siness of last fall transacted between Mr. Livingston and some of our Nations at Canedesaga, we have all conclu- ded to let those people settle in our country, and as it is agreeable to us, we hope their settlement on our lands will meet with your encouragement and approbation. This we have done to bring about a union of all the Five Nations.
" Brother -- You sent us an invitation to meet you at Fort Schuyler, which belt we return. We are not able to meet you at the place you propose this year, as business of the utmost importance to the Indian Nations call our imme- diate attendance at the treaty now held on the Ohio river, for which place we are now setting out. Brother -- This is all we have to say.
JOS. BRANT.
His Excellency, Gov. Clinton.
"P. S .-- We shall appoint an agent by the next fall, and give him power to see our annual rents paid justly, and hope you will establish him in office."
57
PHELPS AND GORHAM'S PURCHASE.
In writing to some of his associates after the treaty was closed, Mr. Phelps says : "You may rely upon it, that it is a good country ; I have purchased all the Indians will sell at present, and perhaps as much as it would be prof- itable for ns to buy at this time." At a meeting of the associates in January, he reported that he had sold and contracted about thirty townships ; a considerable portion of these sales were to small shareholders, leaving a great proportion of the purchase in the hands of Phelps & Gor- ham.
Messrs. Phelps and Gorham had predicated their abili- ty to pay the State of Massachusetts the sun stipulated, upon their being able to buy the depreciated public paper of the State, at a large discount ; but the funding of the public debt of the States, by the Federal government, en- hanced the value of the State debt, to nearly par, and they were obliged to report to the Legislature of Massa- chusetts, in the spring of 1789, their inability to fullfil their engagement, and asked to be released from so much of their obligation as related to the Indian lands not in- cluded in the Indian treaty. The legislature acceeded to their request, and soon found a purchaser of the relin- quished lands, in the person of Mr. Robert Morris, of Philadelphia.
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.