History of Livingston County, New York, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 15

Author: Smith, James Hadden. [from old catalog]; Cale, Hume H., [from old catalog] joint author; Mason, D., and company, pub. [from old catalog]
Publication date: 1881
Publisher: Syracuse, N.Y., D. Mason & co.
Number of Pages: 744

USA > New York > Livingston County > History of Livingston County, New York, with illustrations and biographical sketches of some of its prominent men and pioneers > Part 15

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CHAPTER VI.

TITLES TO THE SOIL-EXTINGUISHMENT OF INDIAN TITLES - LINE OF PROPERTY - CONFLICTING CLAIMS OF NEW YORK AND MASSACHUSETTS- PREEMPTION LINE-NEW YORK AND MASSACHU- SETTS SURRENDER CLAIMS TO TERRITORY TO FEDERAL GOVERNMENT-TREATY AND CESSION OF 1784-PHELPS AND GORHAM'S PURCHASE- TREATY AND CESSION OF 1788-PULTNEY ES- TATE - HOLLAND LAND COMPANY - HOLLAND PURCHASE - CONNECTICUT TRACT - TRANSIT LINE-MORRIS RESERVE-FORTY THOUSAND ACRE TRACT-MORRIS HONORARY CREDITOR'S TRACT-ROBERT MORRIS' LETTER TO PRESIDENT WASHINGTON-TREATY AND CESSION OF BIG TREE IN 1797-RED JACKET'S INSINCERITY- DIFFICULTIES EXPERIENCED IN DETERMINING THE EXTENT AND BOUNDARIES OF RESERVATIONS- MARY JEMISON'S FARM-LESSEE COMPANY- EFFORT MADE TO DISMEMBER THE STATE - RESERVATIONS MADE IN 1797-TREATY AND CES- SION OF 1826.

TNTII, after the close of the Revolutionary war U in 1783, the territory embraced in the county of Livingston, and indeed, of the whole of Western * Life and Times of Red Jacket, 187, 394.

TREATY AND CESSION OF 1784.

New York, was included in the indefinite Indian domain, the east line of which, known as the Property Line, was established by a treaty held at Fort Stanwix, (Rome) November 5, 1768, and ex- tended so far as it relates to this State, from a point on Wood creek, near the mouth of Canada creek, thence to the head waters of the Unadilla, clown that stream to its mouth, and thence south to the line of Pennsylvania. This tract was sub- sequently acquired from the Indians by treaty ; for, notwithstanding the treaty of peace between the English and Americans in 1783 contained no stipu- lations respecting the Iroquois, or that portion of them who had been the allies of the former, their right to the soil was generally recognized by both State and Federal governments.

At the close of the war, claims were established by Massachusetts under Colonial patents to the right of soil of a large portion of Western New York, and were confirmed by a Commission ap- pointed by the two governments, which met at Hartford, Conn., December 16, 1786, and which, while it reserved to New York the right of sover- eignty, conceded to Massachusetts the right to pre- empt the soil from the native Indians of all that tract lying west of a line, known as the Pre-emption Line, extending north from the eighty-second mile- stone from the Delaware River at the north-east corner of Pennsylvania, or the south-east corner of Steuben county, through Geneva and Sodus Bay, on the meridian of Washington, (except a tract a mile wide along Niagara River,) and an ad- ditional tract east of that line, known as the Boston Ten Towns, lying in the counties of Broome, Cort- land and Tioga. This agreement was sanctioned by Congress in 1787 .*

Early in 1784, the State Legislature passed an act, appointing as Superintendents of Indian Af- fairs, a Board of Commissioners, of which Governor Clinton was a member. In June of that year, these commissioners met Brant, Cornplanter, Red Jacket and Farmer's Brother, representatives of the Six Nations, at Fort Stanwix, to negotiate a treaty for the extinguishment of their title to lands in Western New York. Nothing, however, was ac- complished at this meeting, as the Indians declined to negotiate with the State independent of the Federal government, which had also appointed commissioners for a similar purpose.

The succeeding fall, Oliver Wolcott, Richard

t The territory of both New York and Massachusetts extended indefi- nitely westward from ocean to ocean; but March 1, 1731, New York relinquished to the United States its claims to territory west of the western boundary of the State. Massachusetts did the same in 1785.

Butler and Arthur Lee, commissioners of the Fed- eral government, met the Indians at Fort Stanwix, and on the 22d of October, 1784, concluded a treaty, by which peace was established between the United States and the Six Nations, who were re- ceived under the protection of the former and guaranteed undisturbed possession of the lands they then occupied, including all that part of this State west of the line established in 1768. Prisoners were exchanged, and a large tract of land ceded to this State, whose commissioners also attended the treaty.

It was at this treaty that Red Jacket first dis- tinguished himself as an orator, displaying talents which challenged the admiration and elicited the commendation of that distinguished patriot, La- fayette. He inaugurated at this time a policy which characterized his subsequent life-that of determined opposition to disposing of their lands to the whites. It is believed that Brant, who was not present at this treaty, would have supported Red Jacket's opposition. His great opponent was Cornplanter, who, though an able orator, was more distinguished as a warrior, and had through his valorous achievements and past services, acquired a great influence with his people, who, however, afterwards made him feel the weight of their re- sentment of his great readiness to part with their lands, even threatening his life,* a fact to which he alluded in a patheticappeal to Washington at Phila- delphia, in 1790, when he sought to effect a recon- sideration of the treaties and other proceedings with the Indians, and especially to obtain redress for alleged grievances connected with the purchase of Phelps and Gorham soon after.t "Father," he said, we will not conceal from you that the Great God, and not man, has preserved the Cornplanter from the hands of his own people."

The journals of this treaty are lost; hence this speech of Red Jacket's, whose eloquence astonished his auditors, is not preserved.# Dr. M. H. Mills, of Mt. Morris, whose extensive and careful re- searches into aboriginal and pioneer history have enriched the annals of this county and vicinity, gives, in a contribution to the Dansville Advertiser, the substance of some of its more striking passages, as related by the Indians who heard it to his father, who, for many years, had an intimate acquaintance with the Indians in this locality. We quote :-

. Drake's Book of the Indians.

Life and Times of Red Jacket, 132, 133.

# General Erastus Root is said to have remarked, " that he considered John Randolph and Red Jacket the two most perfect orators whom he had ever heard." (Life and Times of Red facket, 129, note.) That his name should be coupled with that of Randolph in such connection is highly eulogistic.

HISTORY OF LIVINGSTON COUNTY.

" Red Jacket * * said they would be lowered in the estimation of other tribes if they parted with their lands and disposed of their great rivers and hunting grounds, and would become a little people, whom the great spirit, as well as the great white father, (Washington,) would have little regard or respect for ; that the principle itself was in open hostility to the best interest of the Indian ; that their occupation was hunting and fishing and following the war-path. 'Deprive the Indian of these resources, and you bind his hands, and tie his feet, and then say to him joggs [run,] which is an impossibility, and will render the Indian a helpless object, and, perhaps, by and by, an object of charity,' which, he trusted, would never happen. If it did, he hoped the great spirit would not per- mit him to live, to behold his people so degraded. ' My eyes must never witness such a scene ; Red Jacket's blood must all flow out of his body before this can happen. Brothers, we desire to live in peace with the white man; we have had a great cleal of war ; we have become wearied; we have followed our well-beaten trails a long distance to this council fire. We want peace; but if that is to be obtained by the disposing of our lands, I am for war.'"

April 1, 1788, Oliver Phelps and Nathaniel Gor- ham purchased of Massachusetts, in the interest of an association of capitalists, its pre-emptive right to lands in this State, variously estimated to com- prise from 6,000,000 to 8,000,000 acres ; the con- sideration being 300,000£. to be paid in three annual installments, in the depreciated securities of that State, which were then worth about one-fifth of their par value. Failing to meet their obliga- tions, owing to the unexpected depreciation in these securities, Messrs. Phelps and Gorham surrend- ered all that part of this tract lying to the west, and a small portion lying to the east, of the Gene- see, or more than a half of the original purchase, which reverted to the State of Massachusetts in June, 1790. The eastern line of that portion retained was the old Pre-emption Line ; the western line commenced on the Pennsylvania line 44.78 miles west of this, and extended directly north, along the east line of the towns of Nunda and Mt. Morris, to the confluence of Canaseraga creek with the Genesee river, thence following that stream to a point two miles north of the Indian village of Cana- wangus, thence due west twelve miles, and thence north twenty-four degrees east to a point on Lake Ontario which would intersect the prolongation of the line from the point of beginning. The Indian title to this tract was extinguished at a treaty held at Buffalo Creek,* July 8, 1788, the Senecas re-

. Life and Times of Red Jacket, 136 ; Pioneer History of Phelps and Gorham's Purchase, 141-Note. This treaty has commonly, but erroneously, been supposed to have been held at Canandaigua.

ceiving in consideration from Phelps and Gorham the inconsiderable sum of five thousand dollars, one-half of which was paid in cash and the other half in goods, and a perpetual annuity of five hun- dred dollars. The amount paid therefor to Massa- chusetts was 31,000 £.

In 1789, Messrs. Phelps and Gorham opened a land office at Canandaigua and commenced the settlement of their lands.

November 18, 1790, Phelps and Gorham sold to Robert Morris, of Philadelphia, the distinguished financier and patriot of the Revolution, 1,200,000 acres of their purchase, reserving what had been previously sold by them and two townships addi- tional. The next year Mr. Morris, through his agent in Europe, William Temple Franklin, a grandson of Dr. Benjamin Franklin, sold the whole tract at an advance of 4,000{ to a company of London capitalists, composed of Sir William Pult- ney, a capitalist and noted British statesman, John Hornby, a former governor of Bombay, In- dia, and Patrick Colquhoun, a wealthy Scotch phi- lanthropist, then high sheriff of Westminster, Eng- land, upon the latter of whom the duty of pro- moting its settlement mainly devolved-a duty he performed with great acceptability. This tract, which embraced the present counties of Ontario, Yates and Steuben, and large portions of Wayne, Monroe, Schuyler, Allegany, Chemung and Living- ston counties, has since been known as the Pultney Estate, and the details of its settlement have been successively managed by Colonel Charles William- son, a native of Scotland, to whom the land was originally conveyed, as attorney of the company, Robert Troup, W. W. McKay, Joseph Fellows and B. F. Young. The principal settlements were be- gun at Geneva, Canandaigua, Bath and Sodus Bay.

May 12, 1791, the reverted portion of Phelps and Gorham's Purchase was bought at one shilling per acre, by Samuel Ogden, for Robert Morris, in whom the Legislature confirmed the title May 11, 1791. July 20, 1793, Mr. Morris sold the western portion of this tract, constituting about seven- eighths of the whole, to the Holland Land Company, an association of capitalists of Amsterdam, Hol- land, consisting of Wilhelm Willink, Jan Willink, Nicholas Van Stophorst, Jacob Van Stophorst, Nicholas Hubbard, Pieter Van Eeghen, Christian Van Eeghen, Isaac Ten Cate, Hendrick Vollen- hoven, Christian Coster, (widow,) Jan Stadnitski and Rutger J. Schenimelpennick, who, being aliens, made the purchase through residents in this country, the consideration being 55,000 £. This

THE MORRIS RESERVE.

tract has since been known as the Holland Pur- chase, no portion of which lies within this county. Its east line commences on the Pennsylvania line twelve miles west of the west line of the Phelps and Gorham Purchase, on the line between Alma and Bolivar, Allegany county, and extends thence due north to near the center of the town of Staf- ford, Genesee county, to the south line of the Con- necticut Tract,* thence due west two miles and thence due north, on the west line of the Connec- ticut Tract to Lake Ontario.t

Between the Phelps and Gorham Purchase and the Holland Purchase was a tract twelve miles in width, containing a half million acres, reserved by Mr. Morris at the time of his sale to the Holland Company, and hence known as the Morris Reserve. It embraced the towns of Nunda, Portage, Mt. Morris, Leicester and the south half of York in Livingston county, and was sold out in several large tracts to different purchasers. The Forty Thousand Acre Tract, sold by Morris to Wilhelm and Jan Willink, lies partially in this county and partially in Wyoming county; and the Morris Honorary Creditors' Tract containing 58,570 acres, and joining this on the south, lies partly in Living- ston and partly in Allegany county.

By the terms of the sale to the Holland Com- pany, Mr. Morris obligated himself to extinguish the Indian title to the tract thus sold, and 35,000 £ of the purchase money was withheld till its consum- mation ; but, owing to the threatening attitude of the Indians for a full decade succeeding the war of the Revolution, and until the signal victory of General Wayne over the Western Indians in 1794, he did not deem it prudent to make an effort in this direction. On the 25th of August, 1796, he addressed the following letter to President Washington :-

"SIR :- In the year 1791, I purchased of the State of Massachusetts a tract of country lying within the boundaries of the State of New York, which had been ceded by the latter to the former state under the sanction and with the concurrence of the Congress of the United States. This tract of land is bounded on the east by the Genesee river, to the north by Lake Ontario, to the west partly by Lake Erie, and partly by the boundary line of the Pennsylvania Triangle, and to the south by the north boundary line of the State of Pennsyl- vania. To perfect the title it is neces-

sary to purchase of the Seneca nation of Indians their native right; which I should have done soon after the purchase was made, * * * but that I felt myself restrained from doing so by motives of public consideration.

"The war between the Western Indian nations and the United States did not extend to the Six Nations, of which the Seneca nation is one; and as I apprehended that if this nation should sell its right during the existence of that war, they might the more readily be induced to join the enemies of our country, I was determined not to make the purchase while that war lasted.

"When peace was made with the Indian nations I turned my thoughts towards the purchase, which is to me an object very interesting; but upon its being represented that a little longer patience, until the western posts should be delivered up by the British government, might still be public utility, I concluded to wait for that event also, which is now happily accomplished, and there seems no obstacle remaining to restrain me from making the purchase, especially as I have reason to believe the Indians are desirons to make the sale.

" The delays which have already taken place and that arose solely from considerations above mentioned, have been extremely detrimental to my private affairs ; but still being desirous to comply with formalities prescribed by certain laws of the United States, although those laws do not probably reach my case, I now make application to the president of the United States, and request that he will nominate and appoint a commissioner to be present and preside at a treaty, which he will be pleased to authorize to be held with the Seneca nation, for the purpose of enabling me to make a purchase in conformity with the formalities required by law of the tract of country for which I have already paid a large sum of money. My right to the pre-emption is unequivocal, and the land has become so necessary to the growing population and surrounding settlements, that it is with difficulty that the white people can be restrained from squatting or settling down upon these lands, which, if they should do it, may probably bring on con- tentions with the Six Nations.

"This will be prevented by a timely, fair and honorable purchase.

" This proposed treaty ought to be held imme- diately before the hunting season, or another year will be lost. as the Indians cannot be collected during that season. The loss of another year under the payments thus made for these lands would be ruinous to my affairs ; and as I have paid so great deference to public consideration whilst they did exist, I expect and hope that my request will be readily granted now, when there can be no cause of delay ; especially if the Indians are willing to sell, which will be tested by the offer to buy.

" With the most perfect esteem and respect, I am, sir, your most obedient and humble servant, ROBERT MORRIS.

"GEORGE WASHINGTON, ESQ.,

" President of the United States."

* This tract comprises 100,000 acres, lying in the counties of Genesee and Orleans, and extending in a narrow strip to the lake. It was sold by Mr. Morris to Watson, Cragie & Greenleaf : and in 1881, conveyed in un- divided balves to the State of Connecticut and Sir William Pultney the former using part of ber School Fund in the purchase. It was divided by alternate lots in 1811. French's State Gazetteer.

t This line is known as the Transit Line, from having been run with a transit instrument, then first used in surveys.

HISTORY OF LIVINGSTON COUNTY.

In the meantime Washington, who was disposed to further the wishes of Mr. Morris in any way con- sistent with the public interest, had been put in possession of documents, drawn at the instigation of Capt. Bruff, then commandant of the British gar- rison at Fort Niagara, expressing an aversion of the Senecas to parting with any more of their lands ; and he told Mr. Morris that he should feel con- strained to accompany his recommendation and nominations to the Senate with these documents, expressing doubt of the favorable action of that body. Isaac Smith, of New Jersey, was nominated by the President, and the Senate confirmed the nomination, stipulating, however, that no treaty should be held for this purpose until the Indians themselves requested it. Thomas Morris, a son of the purchaser of the tract, was deputized by his father to obtain the consent of the Indians and conduct the negotiations with them for the purchase of their lands, in both of which he was successful. At the time designated for the treaty, the atten- dance of Commissioner Smith was prevented by judicial duties, and Colonel Jeremiah Wadsworth of Connecticut, was appointed in his stead. Gen- eral William Shepard was designated to attend by Massachusetts ; Captains Horatio Jones and Jasper Parish were selected as interpreters, and James Rees, of Geneva, as secretary. Captain Israel Chapin, then Superintendent of Indian Affairs, was present ; also Charles Williamson, in behalf of the Pultney Estate, William Bayard, in behalf of the Holland Land Company, and two young gentle- men from Holland, named Van Stophorst, relatives of the proprietors of the name connected with the Holland Company.

The treaty was held at Geneseo, and the log- house of the Wadsworth brothers, then unfinished, located between the site of the village of Geneseo and the river, was hired for the use of the Commis- sioners and officers in attendance. A large council house, covered with the branches of trees was pre- pared for the convenience of the negotiators ; and after a week spent in preliminary matters, the busi- ness of the council was commenced on the 28th of August, 1797, continuing till the 15th of Septem- ber, when a deed was executed by which the Sene- cas disposed of the remainder of their lands in Western New York, with the exception of certain reservations. The council was a stormy one, and was more than once threatened with utter failure. owing to the machinations of certain venal white persons, who stimulated a prevalent disinclination on the part of the Senecas to part with their lands

for the purpose of defeating its object. Mr. Mor- ris had hoped that $75,000 would suffice to satisfy the demands of the Indians; but, in view of the accumulating difficulties, was constrained to offer them $100,000. Even this sum, however, was in- sufficient ; and Red Jacket, who, in consonance with his former opposition to the disposition of their lands, opposed with his fiery eloquence the object of the treaty, responded to the offer that the Senecas did not want to sell their lands ; but as there were expenses attending the treaty, which they had re- luctantly consented to hold, he offered Mr. Morris a single township on the Pennsylvania border at one dollar per acre, which, he said would sell for a suffi- cient advance tocover the expenses. Mr. Morris, by the urgent advice of the commissioners, and Mr. Bayard, who had become impatient at the dila- tory proceedings and desired to bring the parley to a close, but in opposition to his own judgment and wishes, affected to reject the offer with contempt ; whereupon Red Jacket, with great vehemence, retorted, "you have now arrived at a point to which I wished to bring you. You told us in your first address that even in the event of our not agreeing to sell our lands, we would part friends. Here, then, is my hand. I now cover up the council fire."

This decision was received with great apparent satisfaction by the Indians, who gave expression to violent demonstrations, such says Stone, as "a person unaccustomed to their character and man- ners would have trembled for his scalp." Mr. Bayard, who had been particularly importunate to have Mr. Morris take the course pursued, hoping it would expedite a favorable adjustment, was deeply mortified with the result, and strenuously urged Mr. Morris to make an effort to re-open the negotiations, which the latter who was equally solicitous, promised to do, on condition that he be allowed to take his own course, without interference either by the agent or commissioners.

On the following day he observed to Farmer's Brother, who called on him in a fraternal spirit, that, in accordance with their established customs, it was the prerogative of the one who lighted a council.fire to extinguish it; and since he had lighted the present one, Red Jacket, by putting it out, had usurped a right which belonged solely to him, to which Farmer's Brother assented. Several days intervened before a council could be convened, during which Mr. Morris industriously applied him- self to an effort to win the approbation of the wo- men and warriors, as there seemed little probability

" BIG TREE" TREATY.

of being able to accomplish his purpose with the sachems. For this purpose he artfully pandered to their fondness for display and ornamentation, by distributing among the women such articles as were calculated to excite and gratify this passion- a plan which fully met his expectations; for he was soon able to convene a council of women and war- riors and bring the negotiations to a favorable ter- mination .* From the moment the women and warriors assumed the task of negotiations, Red Jacket withdrew and remained drunk during the rest of the proceedings.t Cornplanter, the princi- pal war chief, then became the main speaker, and opened the proceedings. He said the women and warriors regretted the misconduct of their sachems and censured the haste displayed by Mr. Morris, and expressed the hope that the renewed negotia- tions would be conducted with better temper on both sides.

After the terms of the treaty were agreed upon, much difficulty was experienced in fixing the bound- aries and extent of the reservations. The Indians insisted that the former should be designated by natural rather than arbitrary lines, such as the courses of streams, etc .; but this was inadmissable, as it gave the Indians every advantage over the whites, who possessed little exact knowledge of the geography of the country .¿ The chiefs were jeal- ous of each other, and, as their importance was measured by their following, which was determined by the extent of their lands, each was solicitous to

* Indian polity vested the ultimate right to dispose of their lands in the women and warriors, because the former tilled, while the latter protected them.

t Stone says Red Jacket's opposition to this treaty was insincere, and that his object in thus withdrawing was to throw the entire responsibility upon Cornplanter. He adds it is a fact "no less true than disgraceful, that after the negotiation had been completed, he repaired to the lodge of Mr. Morris by night, and told him that he had in reality no objections to the sale of their lands, but yet he must seem to oppose the measure, or he should lose his popularity. That popularity had been acquired by op- posing every land sale that had been made, and he must at least affect to continue his opposition to the end. * * * In order to manifest his apparent opposition to the treaty, he refused in Council, after the decision had been made, to sign it ; and yet before any signature had been made to the document, he arranged with Mr. Morris to have a blank left for the insertion of his name afterwards-desiring that the space might be high np among the first, that when Washington saw the treaty he might know that Sagoyewatha was yet a man of consequence among the chiefs of his people." Life and Times of Red Jacket, 249.

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History of Livingston County, New York, with illustrations and biographical sketches of some of its prominent men and pioneers, Part 15

Author: Smith, James Hadden. [from old catalog]; Cale, Hume H., [from old catalog] joint author; Mason, D., and company, pub. [from old catalog] Publication date: 1881 Publisher: Syracuse, N.Y., D. Mason & co. Number of Pages: 744

Author: Smith, James Hadden. [from old catalog]; Cale, Hume H., [from old catalog] joint author; Mason, D., and company, pub. [from old catalog]
Publication date: 1881
Publisher: Syracuse, N.Y., D. Mason & co.
Number of Pages: 744