History of Chautauqua County, New York, Part 17

Author: Edson, Obed, 1832-; Merrill, Georgia Drew, editor
Publication date: 1894
Publisher: Boston, Mass. : W.A. Fergusson
Number of Pages: 1068

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HISTORY OF CHAUTAUQUA COUNTY, N. Y.

Oil Spring reservation, in the clerk's office of Cattaraugus county at Little Valley. On his evidence, and of other Indians who were present at the treaty, corroborating Blacksnake, and particularly the testimony of Hon. Staley N. Clarke, who was called as a witness for the Indians, the Seneca nation recovered a verdict. Clarke testified that he had always regarded this tract as an Indian reservation, and had treated it as such up to the time he went to congress. The first trial was had before Judge Johnson and a jury, but owing to an error in the judge's charge to the jury the judgment was reversed by the general term of the supreme court and a new trial granted. On the second trial, before Judge Richard P. Marvin and a jury, the Senecas again had judgment for recovery of the reservation. The defendants, through their counsel, Hon. A. G. Rice, appealed to the general term, which affirmed the judgment at the circuit. The case was appealed by the defendants to the court of appeals, which affirmed the judgment of the general term and circuit, fully establishing the title in the Indians. Chauncey Tucker, of Buffalo, was associated with me as counsel on these trials."

The history of the Six Nations subsequent to the treaty of Big Tree and their present status constitute an interesting subject. We shall only consider those who dwell on the Cattaraugus reservation which lies partly within our county, and those of the Allegany and Cornplanter reservations. In this I again copy from Judge Daniel Sherman's address :

" By treaty held at Buffalo Creek reservation, August 31, 1826, the Senecas sold to the Ogden land company their six reservations on the Genesee river, 33,409 acres of the Tonawanda reservation, 33,637 acres of Buffalo Creek res- ervation, in Erie county, one square mile in the town of Hanover, Chautau- qua county, the " mile strip" and " mile square," in Erie county, of the Cat- tauraugus reservation-in all 87,526 acres, for $48,216, being at the rate of about 55 cents per acre. These lands were among the richest and most valu- able in western New York. The treaty was executed in the presence of Oliver Forward, commissioner on behalf of the United States, Nathaniel Gorham, superintendent for the state of Massachusetts, and was witnessed by Jasper Parish, United States Indian agent, and Horatio Jones, United States interpreter, and was signed by forty seven chiefs and sachems of the Seneca nation, among whom appear the names of Red Jacket, Young King, Corn- planter, Governor Blacksnake, Captain Strong, Tall Chief, Captain Pollard, Two Guns, Silverheels, Captain Shongo, Halftown, Tall Peter, Twenty Canoes, Blue Eyes, Red Eyes, Seneca White, Charles O. Beal, Son of Com- planter, and other well-known chiefs of the Senecas, all of whom are sup- posed to have long since departed to the " happy hunting grounds." $43,250 of the money paid to the Senecas for these lands were invested in stock of the public debt of the United States, and transferred to the Ontario bank at Can- andaigna, and afterwards to the United States treasury in trust for the Sene- cas, upon which they have received each year since 1826 annuity interest at 5 per cent., amounting annually to $2, 162.50.

" The Cattaraugus reservation had in 1885 an Indian population of 1,640, 1.418 Senecas, 156 Cayugas, 48 Onondagas, 4 Tuscaroras, and 14 Tona- wanda Senecas, being an increase since the state census of 1865 of 293. The Senecas of Allegany, Cattaraugus, and Cornplanter reservations, number-

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ing 2.311, own the Allegany and Cattaragus reservations, subject to whatever rights of occupancy the 314 Onondagas and Cayugas residing with them may have therein. This preemption right is derived from the prior discovery of the territory by civilized man, and in this instance restricts the Senecas from selling to others than the Ogden land company and its grantees. The Ogden land company claim that this right of preemption embraces the fee of the land, and that the Indians have the right of occupancy only so long as their tribal relation continnes. The Senecas claim the absolute ownership of the Allegany and Cattaraugus reservations in fee, subject only to the right of the Ogden land company to purchase whatever they shall elect to sell. This pre- emption right of the Ogden land company is a source of great uneasiness to the Indians of Cattarangus and Allegany reservations, resting as a cloud upon the title of their lands. It stiffes industry by withholding the best incentives to it, the natural desire of man to acquire property, and the attach- ments of home and family. The Senecas have heretofore resisted every effort made by the state of New York to induce them to allot their lands in severalty, under the apprehension that such allotment might result in break- ing up their tribal relations, and so forfeit their reservations to the Ogden land company. " Notwithstanding the Indians of Cattarangus reservation have held their land in common, and have not possessed the usual incentives to industry of other people, they have made good progress in civilization dir- ing the past twenty-five years. In education, increase in population, intelli- gence, wealth and substantial comforts of life, their progress has been quite remarkable. The Thomas asylum on the Cattaraugus reservation was incor- porated by an act of our state legislature in 1855, with Rev. Asher Wright, Eber M. Petit, and three other white men and five Indians as trustees, and has been since then in successful operation. It received its name from Philip E. Thomas, of Baltimore, Maryland, a member of the Society of Friends, who contributed funds for its establishment. It is open to all the orphan and destitute Indian children of the Six Nations, and has been from the first under excellent management, and is one of the most beneficent institutions of public charity in the state. The number of children of both seves, has averaged abont 100. The girls have been taught to labor in household work, and the boys in manual labor upon the farm and in the shops connected with the asylum. About 30 acres of broom corn has been raised annually upon the farm, which the Indian boys in the winter have manufactured into brooms, bringing quite an income to the institution. The state appropriates annually about $10,000 for its support. There are ten Indian day schools on this reservation, taught 32 weeks each year, and mostly supported by annual appropriations from the state. There has been during about ten years an industrial school at Cattaraugus reservation, under the sole charge of Mrs Lanra M. Wright, widow of the late Reverend Asher Wright, for the instruction of the Indian women of Cattaraugus reservation in needle work, and for the manufacture of clothing for their families and for destitute Indian children from cloth donated mostly by benevolent persons in Boston and New York city, and by other benevolent persons. The United States has appropriated a few hundred dollars for the same purpose. Mrs. Wright's services have been gratuitous.

"Among the actions of local interest prosecuted by the Seneca nation was

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HISTORY OF CHAUTAUQUA COUNTY, N. Y.

one to establish the western boundary of the Cattaraugus reservation. The action was commenced in 1850, and continued through the official lives of three successive attorneys for the Senecas and a part of the fourth. Harris 1 .. Knight had a dam across the Cattaraugus creek at Irving, and a valuable sawmill on its north bank. He claimed that his dam and amnill were on his own land, and that the west bounds of the reservation were on the north bank of the creek ; the Senecas claimed the boundary line was down the centre of the creek. The action was tried five times at the Erie circuit, and the Seneca nation beaten on each trial, the circuit judges, among them Judge Harris of Albany, each holding that the true boundary line was on the north bank of the stream. The legal question involved grew ont of the construc- tion to be given to the words in the last boundary line of the reservation, as mentioned in the treaty concluded at Buffalo creek reservation, June 30, 1802, which defined its boundary as " comneneing at a stake standing on the north bank of Cattaragus creek, on the south shore of Lake Erie ; thence by various courses around the reservation to its southwest corner ; thence north (crossing the creek) to a stake on the north bank of the Cattaraugus creek ; thence down the same, and along the several meanders thereof to the place of beginning, being to the other stake named as standing on the north bank." The case having been carried to the Court of Appeals, the Senecas finally succeeded, the true boundary being held to be " the center of the creek."

" The Allegany reservation, located on both sides of the Allegany river, in Cattarangus county, is almost 35 miles long, and contains 42 square miles, varying in width from one to two and one-half miles. The larger portion of it, immediately joining the river, is level and fertile ; the balance broken and hilly. It was formerly covered with heavy pine timber, and, until recently, the lumbering business, which was extensively carried on there, tended greatly to demoralize the Indians by diverting their attention from farming, and bringing them in contact with demoralizing influences. Its present Indian population is 929, being an increase of 175 since 1855. There are six Indian day schools on this reservation supported by the state. The most of the Indians resided on the southwest part of the reserve, towards the state fine, which is more isolated than the rest from railroad towns, and this por- tion of them are making fair progress in civilization. The Society of Friends at Philadelphia have, during 25 years past, maintained, in connection with a large farm, a manual labor school adjoining this part of the reservation, at an ammal expense of about $3,000. . This sehoo! has been under most excel- lent discipline and management, and has had an annual attendance of about 30 Indian children, mostly boys. In this school the Indian pupils have been boarded, clothed, and educated, and taught to work, the school being wholly supported through the benevolent and generous contributions of the Quak- ers at Philadelphia, who have always been the steadfast friends of the Senecas, protecting their interests in treaties with white people, and in all their public affairs. The Senecas of Allegany and Cattaraugus reservations were incorporated by act of our legislature in 1845, under the name of the Seneca nation of Indians, with the right to bring actions in the courts of this state in all cases relating to their common property, by an attorney appointed by the governor. They have maintained during 35 years a republican form

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THE INDIAN TITLE.

of government, with a president, council, treasurer, and clerk, elected anni . ally by ballot, also a peace-maker's court on each reservation, having juri - diction in actions between Indians, and authority to administer upon estate ; of deceased persons.

" The Cornplanter reservation on the Allegany river, in Warren count., Pa., contains 761 acres of choice lands on the river bottoms. The commo: - wealth of Pennsylvania granted this reservation in fee to the famous w .. chief and wisest counsellor of the Six Nations, Gy-ant-wac-hia, or Cornplante . March 16, 1796, for his many valuable services to the white people, especial that most important one in preventing the Six Nations of New York fro: : joining the confederacy of western Indians, in 1790 and 1791, in the wa .. which terminated in the victory of General Wayne, in 1794. Pennsylvan . has erected a fine monn nent to the memory of Cornplanter on this reserv. - tion. His descendants and other Senecas, numbering ninety-three, reside o 1 the reservation, which was allotted to them in 1871, by commissione : appointed by Pennsylvania, with power to sell only to descendants of Cor . planter and other Seneca Indians, These Cornplanter Indians are recognize ! by the Senecas of Allegany and Cattaraugus reservations as owning eque! rights with them in those reservations, and share with them in the ammitic ; payable under the treaties with the United States. They are a tempera' , thrifty people, are good farmers, and are increasing yearly in population. T ... allotment of their lands in severalty and in fee has greatly contributed to the prosperity and civilization by affording a new incentive to industry. These is a public sentiment that the Indian tribes are fast dying out. How- ever this may be with other Indian tribes, is it not true as to t. ; original Six Nations of New York. In the last 105 years thousands of the : have migrated from this state to Canada and the west. 945 Mohawks are : : the bay of Quinte : 3,230 are on Grand river ; 1, 132 at St. Regis ; 1,485 .. Caughnawaga ; 770 Oneidas on the Thames, making a grand total in Cana : of 7,582. Add to these 1, 510 Oneidas at Green Bay, Wisconsin ; 410 Ser. - cas and Cayugas in the Indian Territory, and the 5, 119 of the Six Natio ; in this state, and we have a grand total of 14,621-a larger number of t !! . Six Nations of New York, and their descendants now living in this state, 1. Canada and the west, than can be shown by any authentic account of th numbers in the last 150 years. Their actual increase in this state since 15.1 . is 1,239, and the report of the interior department of Canada, shows that t. : Iroquois in that province are not only increasing in population, but makin: very good progress in civilization, more so than the other immerous Ind .. . tribes in Canada."

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HISTORY OF CHAUTAUQUA COUNTY, N. Y.

CHAPTER XVI.

HOLLAND LAND COMPANY'S SURVEYS.

W E HAVE now traced the title to the territory included within the bounds of Chautauqua county from Massachusetts to the Holland Company. The Indian title having been extinguislied, the Hol- land Company prepared to survey the lands and offer them for sale and settle- ment.

The original members of the Holland Land Company consisted of eleven citizens of the republic of Batavia now Holland. The most of them were staid merchants of Amsterdam. They had faith in the success of our Repub- lican form of government, then regarded by most of the civilized world as but a visionary experiment, and the sagacity to forsee the energy and enter- prise that a free people would display in reclaiming the vast wilderness of America. They had also that confidence in their own judgment in this respect as to invest a large sum of money in the wild lands of New York. They and their agents were generally honorable men. The first general agent they sent to America was Theophilus Cazenove. He arrived at Philadelphia which became the headquarters of the company a little later than 1790. In July, 1797, he employed Joseph Ellicott as principal surveyor. He returned to Europe in 1799. He was succeeded by Paul Busti in 1799, who served as general agent until his death, July 23, 1824. Busti was born in Milan, Italy, educated in that country, and during his early years was engaged in mercantile business at Amsterdam, Holland. He administered the affairs of the company for nearly one-fourth of a century during which the most of its lands were sold. He was succeeded by John J. Vanderkemp who managed the affairs of the company until their final settlement.

The survey was commenced by Ellicott in 1798, by running the eastern boundary of the "Purchase," which extended from the north line of Penn- sylvania to Lake Ontario. By reason of the variation and uncertainty of the magnetic needle, this line was run by an instrument with a telescope and without a needle, but constructed so as to afford an accurate manner of revers- ing, and possessed the peculiarities and properties of what was known as the " transit " instrument, (used to observe the transit of the heavenly bodies.) This instrument was made by Benjamin Ellicott, brother of Joseph, for this especial purpose, and it is believed to be the progenitor of the modern trans- its. The line run, known as the Transit line, constitutes the eastern bound-

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ary of the Holland purchase. It was a true meridian line, extending north from the corner monument, established by the transit instrument and astrono- inical observations, to Lake Ontario. The lands of the Holland purchase were surveyed from this base line into townships and were situated in ranges running from south to north. The townships in each range began with num- ber one at the south and rose regularly in number to the north. " The ranges were numbered from the east in like manner, commencing at number one and ending with the 15 range. Chautauqua county comprises all the town- ships of the 10th, 11th, 12th, 13th 14th and 15th ranges. The townships were subdivided generally into sixty-four lots, each of about three-fourths of a mile square, and each.lot contained about three hundred and sixty acres. Neither lots nor townships could be laid off exactly uniform in shape and arca.

During 1798, 1799 and 1800 the surveyors and their assistants in different parties, under the direction of Joseph Ellicott,* camped in the dense forests that covered all of western New York, and prosecuted the survey of town- ships until it was finished. The surveys of the lands of Chautauqua into sections of townships or lots, were among the later surveys completed, and were all made in the early years of the present century. The survey of the county into townships was however commenced soon after the running of the transit line, and completed in the last century. The surveys of the township lines were performed by different surveyors, cach assisted by a party of from six to nine; for example : That of John Elliott, who ran the meridian between the 11th and 12th ranges of township, consisted of two chainbearers, two axemen, two flagmen and two packhorse men. The surveyors of the township lines of this county were Wareham Shepard of Westfield, Mass., John Elliott of Delaware county Pa., Richard M. Stoddard of Salisbury, Conn., and Amzi Atwater. These surveyors were under the direction of John Thompson, and were the first to explore the wilderness that covered the country, except upon the line of the Indian trails, or along the military routes that had been sometimes used by the French and English.

It is well to understand what preparations were made and what methods were used in making this first survey, and to know what was transpiring at so early a date in this secluded wilderness. A letter from Mr. Thompson to Mr. Ellicott, dated at Buffalo Creek, states that supplies had arrived safely at Schlosser. That Mr. Hooper had gone on to "Chetawque," where he had been joined by Mr. Stoddard, and that Mr. Thompson himself was engaged in getting "axes ground " and "handled," and in sundry other things prepara- tory to going to the woods. By later letters it appears that a camp was erected at Chautauqua creek, and that everything was ready for active opera-

* Joseph Ellicott was disliked by the Seneca Indians. They said he was continually buzzing in their cars for more land, and they called him Skin-in-do-shah, mosquito. He was well known by that cognomen among the Senecas.

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HISTORY OF CHAUTAUQUA COUNTY, N. Y.

tions as early as June 19, 1798. Joseph Ellicott wrote to Amzi Atwater, March 15, 1798, calling his attention to a pamphlet entitled : "Several Metli- ods by which Meridianal lines may be found," and said : "I have directed a complete instrument to be made for you which will meet you in the Sen- eca country. You will therefore be in Connewangus, near the Genesee river, by the 27th of May. I expect you will engage a sett of hands for the season, to consist of two good chainbearers, two flag men, two axemen and two pack- horse men, who will it is expected be at Comewangns by the same period, and at which time and place their pay will commence and be allowed $15 per calendar month. For the encouragement of the several different surveyors that will be employed, the company agrees to pay them the gener- ons wages of $3 per day, from the time of entering the service, until the date of their discharge." June 5, 1798, Ellicott writes to surveyors Shepard and Atwater : "Mr. John Thompson, who took charge of the stores from Philadelphia, has the charge of the business to be done to the Southwest. You will therefore consider yourself under his immediate direction. Pack horses and such other things as may be necessary, you will be provided for. I have got instruments made for you which will also be delivered to you."

From " Chautauqua Creek," June 19, 1798, John Thompson wrote to Atwa- ter, giving him instructions relative to the survey of the town and range lines, and how to keep his minutes (illustrating by a pen-sketch of a field book) and how to represent the hills and streams and their magnitude, the springs, the swamps, species of timber, the quality and kind of land, pre- eisely as we find the field books have been kept among the records of the Holland Company's surveys now filed in the Clerk's office. He also minutely directed how the corners of the townships are to be permanently established, and the township lines marked, requiring the stake or tree to be slipped on the north, south, east and west sides, with a marking iron, carving the number of the range or township opposite such side, also requiring the bearing, distance, size and kind of the tree, standing as a witness tree to the township corner to be noted, designating the notches, blazes, letters to be marked on each wit- ness tree. The township and range lines were required to be marked by blazed trees which were to be blazed on three sides ; one side facing the line, and the other two sides with the line. All sight trees were to be marked with two notches and a blaze above them, and to be cut on the part of the tree that the sight strikes. The measurement of the chain is enjoined, and many other directions given. The letter then directs Mr. Atwater to com- mence at a point at the Pennsylvania line, now the southeast corner of French Creek and the southwest corner of Clymer, and to run north, giving him full and detailed directions how to correct his line as he shall proceed northward, until his range line should be surveyed.

The following letter written nearly a century ago in the depths of the

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woods that then covered the county was probably posted upon the corner stake at the northeast corner of the town of Sherman that it might catch the eye of Mr. Atwater when he should return there. It gives us some insight into the methods of the surveyors, and of the experiences and accidents inci- dent to their labors.

"Northeast corner of the 2nd tier in 14th range, July 1, 1798.

DEAR SIR :- I arrived here yesterday about 2 P. M. when to my utter astonishment and disappointment, found the whole party, camp and all removed. Certainly there can be no advantage in taking the packhorses across the towns in good weather especially, and on the present occasion it has been a peculiar disadvantage to me, for I have been without a single mouthful of provision this 54 hours past. . I left Mr. Elliott's party at six o'clock A. M. of the 29th of June, expecting to get to Mr. Stoddard's party at least that day. From Mr. Elliott's party I started north, in order to strike Chautauqua lake, which I accomplished about nine o'clock, from thence I started west for Mr. Stoddard's party, but I imagine I must have got to the north of him, but not much, for I struck your meridian below the first mile · part of this town. One reason why I was so long in going such a little dis- tance, was that my horse failed ine and I could not get him along. Other- wise I should have been with you the day I left Mr. Elliott. After I arrived at your meridian, and came nearly as far along it, as the third milepost, my horse failed and fell down. (This occurred about the middle of the east line of the town of Sherman.) I then left him together with my baggage, and come up to this corner, in hopes of getting something to eat, but have been most grievously disappointed. Having remained here awhile to rest myself, I returned to my horse and by that time it was near night. Consequently I staid all night. It is now past 10 o'clock A. M., and I have but just arrived and feel very weak, but necessity compels me to try to get to the storehouse at the head of Chautauqua lake, otherwise the parties to the southeast will be out of provisions.

Do yon attend strictly to your instructions ? from observation ? I believe not, for it is therein expressed, that " all trees that are blazed, are to be blazed on three sides, one side facing the line, and the others with the line." I likewise observe that at the four inile post, there are no pointers marked. Whether you have taken them or not, your notes will determine, at any rate they must be marked. For God's sake, be careful that nothing is omitted, and a great deal of trouble will be saved.

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History of Chautauqua County, New York, Part 17

Author: Edson, Obed, 1832-; Merrill, Georgia Drew, editor Publication date: 1894 Publisher: Boston, Mass. : W.A. Fergusson Number of Pages: 1068

Author: Edson, Obed, 1832-; Merrill, Georgia Drew, editor
Publication date: 1894
Publisher: Boston, Mass. : W.A. Fergusson
Number of Pages: 1068