History of Livingston County, New York, from its earliest traditions to the present together with early town sketches, Part 21

Author: Doty, Lockwood R., 1858- [from old catalog] ed; Van Deusen, W. J., pub. [from old catalog]
Publication date: 1905
Publisher: Jackson, Mich., W. J. Van Deusen
Number of Pages: 1422

USA > New York > Livingston County > History of Livingston County, New York, from its earliest traditions to the present together with early town sketches > Part 21

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The new negotiators went directly to business, and an agreement was reached whereby the Indian lands west of the Genesee, excepting ten reservations embracing 337 square miles, were sold to Robert Morris for $100,000, to be invested in the stock of the Bank of the United States and held in the name of the President for the benefit of the Indians. But just as this point was reached an incident occurred which threatened the success of the treaty. Young King, a descendant of Old Smoke, the most powerful and wisest sachem of his time, appeared upon the scene for the first time, and, so great was the influence which his birth had given him, the Indians declined to proceed further until all that had been done should be submitted to him. The Secretary was directed to read the journal and speeches and to explain the offer and its effect. This being done, he, after much de- liberation, announced his disapproval, and it was only after long reasoning with him that his consent to the sale of the lands was gained.

Four or five days were now spent in fixing the limits of the reserva- tions. Mr. Morris says the difficulty was not a small one. The Indians wanted them fixed by natural boundaries, such as the course of streams, but this mode was unsuitable from the fact that so little was known of the quantity of land it would give them, and for the sake of certainty it was finally settled that they should be marked by square miles. This method, however, did not apply to the Gardeau

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reservation set apart to Mary Jemison ;1 with much shrewdness she objected to having it laid down in square miles, stating that she had various improved places, one of which was a patch of corn, another of potatoes and another of beans. She named certain boundaries to which Mr. Morris, in consequence of the impatience of the Commis- sioners, hastily assented, under the impression that the grant would embrace an inconsiderable quantity of land. When afterwards the survey was made Mary's farm was found to contain nearly 18,000 acres. This reservation was in turn by a treaty made in 1823 con- tracted to John Greig and Henry B. Gibson. 2 At the first meeting held to allot to each village its proportionate part, "the utmost jealousy was found to exist among several of the chiefs. " The importance of the chief is measured in large degree by the number of his followers, and that number is limited by the extent of the land annexed to the chief's residence. Hence the struggle on the part of each sachem and chief warrior both to increase his own bounds and to lessen those of a rival. The contest was more violent between Red Jacket and Corn- planter than any others, the former wanting the principal reservation at Buffalo Creek, and the latter at his residence on Allegheny river. They were only brought to terms by being assured that where reser- vations were of an unnecessary size a deduction from the amount of the purchase money offered would be made.

Joseph Ellicott was present and laid down the extent of each reser- vation,3 showing the map and affording answers to every inquiry of the eager chieftains.

I. See appendix.

2. See appendix.

3. The following were the reservations agreed upon. The list appears in one of the manu- script volumes of the O'Reilly Collection in the N. Y. Historical Society in the handwriting of Joseph Ellicott, and bears date of Sept. 16, 1797. The orthography is here reproduced:

No. 1. Ac Kannawangus, Jeneseo River, 2 square miles.

2. At Big Tree, Jeneseo River, 2 square miles.

3. At Little Beard's town, Jeneseo River, 2 square miles.

4. At Squawkie ITill, Jeneseo River, 2 square miles.

5. At Gardean, Jeneseo River, 2 square miles.

6. At Ka-oun-de-ou, Jeneseo River, 16 square miles.

7. At Allegenny River, 42 square miles.

8. At Kattarangus, about 42 square miles. ..

9. At Buffalo and Tannawanta Creeks, two reservations, 200 square miles.

In all containing about 200,000 acres. See appendix No. 4, mentioned in Chapter 3, for ref- erence to various treaties by which the title to certain of these reservations was relinquished by the Senecas.

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It is perfectly obvious that whatever interest in these reserved tracts Morris had after the execution of the treaty was the same interest that he had before, that is to say, the pre-emptive right that Massachusetts transferred to him, or, differently expressed, the right to buy from the Indians, nothing more; and yet an extraordinary claim has been made to the title of certain of these reservations, based upon the treaty, by what is known as "The Ogden Land Company." and litigation involving the subject is now pending. 1

The Senecas also intended to reserve the Oil Spring reservation. one mile square, containing their famous oil spring, three miles west of Cuba in the counties of Allegany and Cattaraugus, from which oil had been gathered for centuries. As it was not excepted in the deed, the title passed to Robert Morris and the Holland Company, and then to three extensive land owners of Ellicottville. These men sup- posed it was an Indian reservation, and treated it as such until 1842, when one of them discovered that it was not one of the reservations mentioned in the treaty. Accordingly they had the land surveyed and sold. In 1856 the Indians began legal proceedings and ultimately succeeded in getting possession of the property. Governor Black- snake supplied the most important evidence on the trial of the suit. He was present at the council at Big Tree and remembered that when the treaty was read over the omission of the Off Spring reservation was noticed and commented on, and that Thomas Morris executed and delivered to Handsome Lake, the Prophet, a separate paper, reserv- ing this tract to the Indians. Blacksnake also had in his possession a copy of the first map of the Holland Purchase made by Joseph Elli- cott and presented by him, this map showing by means of red ink the eleven Indian reservations.

On the 15th, the details having all been agreed upon, the deed was drawn up and signed.

The following is a copy of the entire treaty:

Contract entered into under the sanction of the United States of America, between Robert Morris and the Seneka nation of Indians.

This indenture, made the fifteenth day of September, in the year of our Lord one thousand seven hundred and ninety-seven. between the sachems, chiefs and warriors of the Seneka nation of Indians, of the

1. See appendix No. 12 foi transactions of "The Ogden Land Company" with reference to this subject.

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first part, and Robert Morris, of the city of Philadelphia, esquire, of the second part.

Whereas the commonwealth of Massachusetts have granted, bar- gained and sold unto the said Robert Morris, his heirs and assigns forever, the pre-emptive right, and all other the right, title, and interest, which the said commonwealth had to all that tract of land hereinafter particularly mentioned, being part of a tract of land lying within the state of New York, the right of pre-emption of the soil whereof, from the native Indians, was ceded and granted by the said state of New York, to the said commonwealth; and whereas, at a treaty held under the authority of the United States, with the said Seneka nation of Indians, at Genesee, in the county of Ontario, and state of New York, on the day of the date of these presents, and on sundry days immediately prior thereto, by the Hon. Jeremiah Wads- worth, esquire, a commissioner appointed by the President of the United States to hold the same, in pursuance of the constitution, and of the act of the congress of the United States, in such case made and provided, it was agreed in the presence and with the approbation of the said commissioner, by the sachems, chiefs and warriors of the said nation of Indians. for themselves and in behalf of their nation, to. sell to the said Robert Morris, and to his heirs and assigns forever, all their right to all that tract of land above recited, and hereinafter par- ticularly specified, for the sum of one hundred thousand dollars, to be by the said Robert Morris vested in the stock of the Bank of the United States and held in the name of the President of the United States, for the use and behoof of the said nation of Indians, the said agreement and sale being also made in the presence and with the approbation of the honorable William Shepard, esquire, the superin- tendent appointed for such purpose, in pursuance of a resolve of the general court of the commonwealth of Massachusetts, passed the eleventh day of March, in the year of our Lord one thousand seven hundred and ninety-one; now this indenture witnesseth, that the said parties of the first part, for and in consideration of the premises above recited, and for divers other good and valuable considerations them thereunto moving, have granted, bargained, sold, aliened, re- leased, enfeoffed and confirmed; and by the presents do grant, bar- gain, sell alien, release, enfeoff, and confirm, unto the said party of the second part, his heirs and assigns, forever, all that certain tract of land, except as hereinafter excepted, lying within the county of Ontario, and State of New York, being 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 sixteenth day of December, in the year of our Lord, one thousand seven hundred and eighty-six, being all such part there- of as is not included in the Indian purchase made by Oliver Phelps

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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 commonwealth of Massachusetts, by an act passed the twenty-first day of November, in the year of our Lord, one thousand seven hundred and eighty-eight; southerly by the north boundary line of the state of Pennsylvania; westerly 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 neverthe- less, 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 nest hereinafter particularly mentioned, which said pieces or parcels of land so excepted, are, by the parties to these 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 ; that is to say, excepting and reserving to them, the said parties of the first part, and their nation, one piece or parcel of the aforesaid tract, at Canawagus, of two square miles, to be laid out in such manner as to include the village, extending in breadth one mile along the river, one other piece or parcel at Big Tree of two square miles, to be laid out in such manner as to include the village, extending in breadth along the river one mile; one other piece or parcel of two square miles at Little Beardstown, extending one mile along the river. to be laid off in such manner as to include the village; one other tract of two square miles at Squawky Hill, to be laid off as follows, to wit. one square mile to be laid off along the river, in such manner as to include the village, the other directly west thereof and continuous thereto: one other piece or parcel at Gardeau, beginning at the mouth of Steep Hill creek, thence due east, until it strikes the old path, thence south until a due west line will intersect with certain steep rocks on the west side of the Genesee river, then extending due west, due north, and due east, until it strikes the first mentioned bound, enclosing as much land on the west side as on the east side of the river. One other piece or parcel at Kaonnadeau, extending in length eight miles along the river and two miles in breadth. One other piece or parcel at Cataraugos, beginning at the mouth of the Eighteen mile or Koghquaugu creek. thence a line or lines to be drawn parallel to Lake Erie, at the distance of one mile from the lake, to the mouth of Cataraugos creek, thence a line or lines extending twelve miles up the north side of said creek, at the

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distance of one mile therefrom, thence a direct line to the said creek, thence down the said creek to Lake Erie, thence along the lake to the first mentioned creek, and thence to the place of beginning. Also, one other piece at Cataraugos, beginning at the shore of lake Erie, on the south side of Catarangos creek, at the distance of one mile from the mouth thereof, thence running one mile from the lake, thence on a line parallel thereto to a point within one mile from the Connondauweyea creek, thence up the said creek one mile, on a line parallel thereto, thence on a direct line to the said creek thence down the same to Lake Erie, thence along the lake to the place of be- ginning. Also one other piece or parcel of forty-two square miles at or near the Allegenny river. Also, two hundred square miles, to be laid off partly at the Buffalo and partly at the Tannawanta creeks. Also excepting and reserving to them, the said parties of the first part and their heirs, the privilege of fishing and hunting on the said tract of land hereby intended to be conveyed. And it is hereby understood by and between the parties to these presents, that all such pieces or parcels of land as are hereby reserved, and are not particu- larly described as to the manner in which the same are to be laid off, shall be laid off in such manner as shall be determined by the sachems and chiefs residing at or near the respective villages where such reservations are made, a particular note whereof to be endorsed on the back of this deed, and recorded therewith, together with all and singular the rights, privileges, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining. And all the estate, right, title, and interest, whatsoever of them the said parties of the first part and their nation, of, in, and to the said tract of land above described, except as is above excepted, to have and to hold all and singular the said granted premises, with the appurtenances, to the said party of the second part, his heirs and assigns, to his and their proper use, benefit, and behoof forever.

In witness whereof, the parties to these presents have hereunto interchangeably set their hands and seals,- the day and year first above written.

Robert Morris, by his attorney, Thomas Morris, (L. S.)

Koyengquahtah, alias Young King, his X mark, (L. S.)

Soonookshewan, his X mark (L. S. )

Konutaico, 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.)

Onneshataikau, or Tall Chief, by his agent Stevenson, his X mark, (L. S.)

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Onnonggaihko, alias Infant, his X mark, (L. S. ) Teahdowaingqua, alias Thomas Jemison, his X mark, (L. S.) Tekonnondee, his X mark, (L. S.)

Oneghtaugooau, his X mark, ( L. S. ) Connawaudeau, bis X mark. (L. S. )

Taosstaiefi, his X mark, (L. S.) Kooentwahka, or Cornplanter, his X mark, (L. S.) Oosaukaunendauki, alias To Destroy a Town, his X mark, (L. S.)

Sooeoowa, alias Parrot Nose. his X mark, (L. S.)

Toonahookahwa, his X mark (L. S. )

Howwennounew, his X mark (L. S. )

Kounahtaetoue, his X mark, (L. S. )

Taouyaukauna, his X mark, (L. S. )

Woudougoohkta, his X mark. (L. S.)

Sonauhquaukau, his X mark, (L. S.)

Twaunauiyana, his X mark, (L. S.)

Takaunoudea, his X mark (L. S.) Shequinedaughque, or Little Beard, his X mark. (L. S. ) Jowaa, his X mark, (L. S.)

Saunajie, his X mark, (L. S.)

Tauoiyuquatakausea, his X mark, (L. S.)

Taoundaudish, his X mark, (L. S. )

Tooauquinda, his X mark, (L. S.)

Ahtaou, his X mark, (L. S ) Taukooshoondakoo, his X mark, (I. S.)

Kauneskanggo, his X mark, (L. S. )

Soonanjuwan, bis X mark, (L. S.)

Tonowauiya, or Capt. Bullet, his X mark, (L. S.) Jaahkaaeyas, his X mark, (L. S.) Taughishauta, his X mark, (L. S. )

Sukkenjoonau, 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.) Konvonjoowauna, his X mark, (L. S. )

Soogooeyandestak, his X mark, (I. S.)

Ilautwanauekkau, by Young King, his X mark, (L. S. )

Sauwejuwan, his X mark, (L. S.) Kaunoohshauwen, his X mark, (L. S.)

Taukonondaugekta, his X mark, (L. S )

Kaouyanoughque, or John Jemison, his X mark, (L. S.) Hojegush, his X mark, (L. S.)

Taknaahquan, his X mark, (L. S.) Sealed and delivered in presence of Nat. W. Howell, James Rees. Joseph Ellicott, Henry Aaron Hills,

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Henry Abeel

Israel Chapin, Jasper Parrish, Horatio Jones, Interpreters.

Done at a full and general treaty of the Seneka nation of Indians, held at Genesee in the county of Ontario, and State of New York, on the fifteenth day of September, in the year of our Lord, one thousand seven hundred and ninety-seven, under the authority of the United States.

In testimony whereof, I have hereunto set my hand and seal, the day and year aforesaid. JERE. WADSWORTH, (L. S.)

Pursuant to a resolution of the legislature of the Commonwealth of Massachusetts, passed the eleventh day of March, in the year of our Lord one thousand seven hundred and ninety-one, I have attended a full and general treaty of the Seneka nation of Indians, at Genesee, in the county of Ontario, when the within instrument was duly exe- cuted in my presence by the sachems, chiefs and warriors of the said nation, being fairly and properly understood and transacted by all the parties of Indians concerned, and declared to be done to their uni- versal satisfaction; I therefore certify and approve of the same.

Subscribed in presence of Nat. W. Howell.

WILLIAM SHEPARD.

Previous to subscribing, it was distinctly read and its import clearly explained to the Indians. Colonel Wadsworth then asked them if they understood it perfectly. If not he said it should be explained to them again. They replied that it was unnecessary, as they fully comprehended it, and that its terms were, in every respect, agreeable to them. They were then requested to sign it. Red Jacket here arose in behalf of Ebenezer Allen's daughter Polly, who wished to be informed of the situation of the land given by the Indians to Allen and his children. Mr. Morris replied that his father had already paid Allen for it and was now paying the nation for it again. To this Polly replied, "No, Mr. Morris, it was only the improvements my father sold." Morris answered, "The papers in my hands will prove the contrary." Turning to Colonel Wadsworth she said, "1 forbid the Commissioners buying my lands given me by the Indians." Wadsworth told her that she had bad advisers, and that although he had nothing to do with her business, yet if she desired it he would examine her claim and give her a proper certificate if she would call on him in the morning. Nothing came of this protest, however, and there is evidence to support the belief that Polly Allen was defrauded

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at the treaty of Big Tree. This is her case: Ebenezer Allen, or "Indian Allen," had two half-breed daughters Mary, otherwise Polly, and Chloe, and on July 15, 1791, the Seneca sachems deeded to the girls a tract of land four miles square at what is now Mount Morris. The deed declared that this land was to be in full of their share of all the lands belonging to the Seneca nation. This deed was executed at the treaty of Newtown ; it was approved by Timothy Pickering, United · States Commissioner, and was recorded in the County Clerk's office at Canandaigua. The following is an extract from the deed

"Whereas, our said brother, Jen-uh-sheo, the father of the said Mary and Chloe, has expressed to us a desire to have the share of the Seneca lands to which the said Mary and Chloe ( whom we consider our children) are entitled to have, set off to them in severalty, that they may enjoy the same as their separate portions; now, know ye, that we, the sachems, chiefs and warriors of the Seneca nation, in the name and by the authority of our whole nation, whom according to our ancient customs in like cases we represent, and in consideration of the rights of said Mary and Chloe, as children and members of the Seneca nation, and of our love and affection for them, do hereby set off and assign to them, the said Mary and Chloe, and to their heirs and assigns, a tract of land, on part of which the said Jen-uh-sheo, our brother, now dwells upon the waters of the Jenusheo river in the county of Ontario, in the state of New York, bounded as follows: Beginning at an elm tree standing in the forks of the Jen-uh-sheo river (the boundary between our lands and the lands we sold to Oliver Phelps and Mr. Gorham) and running from thence due south four miles, thence due west four miles, thence due north four miles. and thence due east four miles until the line strikes the said elm tree, with the appurtenances. To have and to hold the said tract of land, with the appurtenances, to them the said Mary Allen and Chloe Allen, and to their heirs and assigns, as tenants in common, to their use forever. "1

Some unrest at Washington resulted from a transaction which ap- peared to recognize on the part of the Commissioners the right of the Indians to alienate their lands under the supervision of the United States without consulting New York and Massachusetts, but Com-

1. See appendix No. 13 for a copy of the entire deed, and a reference to the fact that it con. veyed the Mount Morris tract, so called.

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missioner Pickering made the situation clear in the following letter to Secretary of War Knox:

"It appeared to be understood by the Senecas that Messrs. Mor- ris and Ogden, as the grantees of Massachusetts, had the right of pre-emption of all their lands. But at the same time there existed nothing to bar a division of their whole country among themselves; and if they could divide the whole, they could certainly set off a part to two individuals of their nation as their share. This was the object of their deed to Allen's children, whom they called their children, agreeably to the rule of descent among them, which is in the female line; and in this deed the land assigned is declared to be in full of those two children's share of the whole Seneca country. Here was the ground of my ratification. Now you will be pleased to recollect that before the matter was opened in council I had repeated the law of the United States relative to Indian lands and the solemn declaration of the President last win- ter to the Cornplanter that they (the Indians) had the right to sell, or to refuse to sell, their lands, and that, in respect to their lands, they might depend on the protection of the United States, so that on this head they had now no cause for jealousy or discontent. This being by them well understood. I saw no way of avoiding the ratifica- tion of the assignment to their two children, without reviving, or rather exciting, their utmost jealousy, as it would have been denying the free enjoyment of their own lands by some members of the nation, according to the will of the nation; and a denial, ] was apprehensive, would lead them to think that the solemn assurance of the President was made but to amuse and deceive. Here you see my great induce- ment to the ratification."

With this "deed to his daughters in his possession Ebenezer Allen went to Philadelphia and assumed to sell the land to Robert Morris for dry goods and trinkets; he returned with these articles to what is now Mount Morris and began to trade with the Indians. "1 The ut- most that Robert Morris could have acquired by this enterprise was the improvements upon the land, if any, belonging to Allen, the father; the land was deeded to the daughters and it could be fairly released only by a deed from them; yet this was not obtained and no recognition was accorded to rights which were then explicitly brought

1. From W. H. Samson's address.

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HISTORY OF LIVINGSTON COUNTY

to the attention of the elder Morris. Our admiration for the latter is not enhanced by this transaction nor by his promise to divide with his son the sixteen square miles wrested from Polly and Chloe. Ebenezer was apparently quite conscious that his part in the affair was discreditable, "for, otherwise he would have appeared at the treaty himself and substantiated his daughter's contention, instead of sending Mary Jemison to plead privately with Thomas Morris," as was done, if the following statement made by the White Woman, and appearing in the first edition of Seavers "Life of Mary Jemison, " is to be accepted :

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History of Livingston County, New York, from its earliest traditions to the present together with early town sketches, Part 21

Author: Doty, Lockwood R., 1858- [from old catalog] ed; Van Deusen, W. J., pub. [from old catalog] Publication date: 1905 Publisher: Jackson, Mich., W. J. Van Deusen Number of Pages: 1422

Author: Doty, Lockwood R., 1858- [from old catalog] ed; Van Deusen, W. J., pub. [from old catalog]
Publication date: 1905
Publisher: Jackson, Mich., W. J. Van Deusen
Number of Pages: 1422