History of Oneida County, New York, 1667-1878, Part 16

Author:
Publication date: 1878
Publisher: Philadelphia, Everts & Fariss
Number of Pages: 932

USA > New York > Oneida County > History of Oneida County, New York, 1667-1878 > Part 16

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" Whilst on the other side of the great lake, I sball hear of you with pleasure, and until we shall again smoke our pipes together, and be together under the same huts, I wish you good health, sue- cessful huntings, nnion, plenty, and the fulfillment of all dreams which promise you happiness.

[True translation.]

"LAFAYETTE."##

A general treaty was held at Canandaigua, Nov. 11, 1794, under the direction and management of Colonel Timothy Pickering, at which the separate treaties which had been made by the Oneidas, Onondagas, and Cayugas with the State of New York were confirmed, and goods to the value of $10,000 were delivered to the Indians, besides the annual sum of $3000, in addition to the $1500 pre- viously allowed.§§

# The commissioners were Anthony Van Sehaiek, Levi Pawling, Peter Schuyler, and Colonel Jacob Kloek ; and they seem to have had simply powers to conelude treaties.

Abram Cuyler, Peter Schuyler, and Henry Glen were appointed to this office, June 27, 1783. On the 6th of April, 1784, the Governor was authorized to associato with this commission such other persons as he might deem proper.

# On the 23d of October, before this conneil broke up, the Six Nations and others ceded all their lauds remaining in Pennsylvania to the commissioners.

¿ The Indians gave this gentleman the name Saganah-Hoassy (great warrior).

| Name given him by the Indians.

[ Birds of peace or good omen.

## Burgoyne's.

It The Atlantic Ocean.

## Craig's Olden Time, l'ittsburgh, 1847.

¿? President Washington, on the 23d of April, 1792, recommended

a plan, which was confirmed by the Senate, in which the Senecas, Oneidas (and Stockbridge Indians incorporated with thew), the

HISTORY OF ONEIDA COUNTY, NEW YORK.

The original Constitution of New York restrieted the right of purchasing lands from the Indians to the State in its sovereign eapacity, and an act passed Mareh 18, 1788, imposed a penalty of $250, and further punishment by fine and imprisonment, at the diseretion of the courts, for violation of this provision. It also adopted measures for preventing intrusion and protecting the rights of the natives. These, or similar restrictions, have been continued to the present time, and all treaties for the purchase of Indian lands, until a reeent period, have been made by the Governor, or commissioners authorized by special acts for the purpose. On the 25th of May, 1841, the commissioners of the land-office were authorized, with the consent of the Governor, to treat with the Indians for the purchase of lands, and to pay off the principal of the annuities of cer- tain tribes at their diseretion. With the exception of a few of the earlier treaties, each tribe has negotiated sepa- rately with the State in the eession of its lands, and in more recent periods seetional and loeal parties aeted inde- pendently in these negotiations .*

On the 28th of June, 1785, a treaty was made at Fort Herkimer with the Oneidas and Tuscaroras by Governor Clinton and the Commissioners of Indian Affairs, in which the former eeded the country between the Unadilla and Chenango Rivers for $11,500 in goods and money. After this cession the Tuscaroras, who were then occupying the region, emigrated to the country of the Senecas, who made them a grant of land, which was subsequently inereased by the Holland Company.

A treaty was made at Fort Stanwix (Sehuyler) in Sep- tember, 1788, with the Oneidu nation, at which they eeded nearly all their lands to the State. The following aeeount of this treaty, which we give in full, as a very important one in the history of Oneida County and the Oneida na- tion, is from Dr. Hough's history of Jefferson County, for which it was transeribed from the records at Albany :

" At a treaty held at Fort Schuyler, formerly called Fort Stanwix, in the State of New York, by his Excellency, George Clinton, Gov- ernor of the said State, and William Floyd, Ezra L'Hommedieu, Richard Varick, Samuel Jones, Egbert Benson, and Peter Gansevoort, Junior (Commissioners authorized for that purpose by and on behalf of the State of New York), with the tribe or nation of Indians called the Oneidas, it is, on the 22d day of September, 1788, covenanted and concluded as follows : First, the Oneidas do cede and grant all their lands to the people of the State of New York forever. Secondly, of the.said ceded lands the following tract, to wit : Beginning at the Wood Creek, opposite to the mouth of Canada Creek, and where the ' Line of Property' comes to the said Wood Creek, and runs thence southerly to the northwest corner of the tract, to be granted to John Francis Pearche [Perache?]; thence along the westerly bounds of said tract to the southwest corner thereof; thence to the northwest corner of the tract granted to James Dean ; thence along the westerly bounds thereof to the southwest corner of the last-mentioned tract ; thence due south until it intersects a due-west line from the head of the Ti-en-a-da-ha, or Unadilla River; thence from the said point of intersection duc west until the Deep Springt bears due north ; thence due north to the Deep Spring ; thencc by the nearest course to the Cun-e-se-ra-ga Creek ; and thence along the said creek, the Oneida

Tuscaroras, Cuyugas, and Onondagas were to receive annually $1500, to be expended in purchasing clothing, domestic animals, and implements of husbandry, and for encouraging artificers to reside in their villages.

# Census Report, 1855.

+ Now in the town of Manlius, Onondaga County.

Lake, and the Wood Creek to the place of beginning, shall be re- served for the following uses, that is to say : The lands lying to the northward of a line parallel to the southern line of the said reserved lands, and four miles distant from the said southern line, the Oneidas shall hold to themselves and their posterity forever, for their own use and cultivation ; but not to be sold, leased, or in any other man- ner aliened or disposed of to others. The Oneidas may from time to time forever make leases of the lands between the said parallel line (being the residue of the said reserved lands) to such persons, and on such rents reserved, as they shall deem proper; but no lease shall be for a longer term than twenty-one years from the making thereof, and no new lease shall be made until the former lease of the same lands shall have expired. The rents shall be to the use of the Oneidas and their posterity forever. And the people of the State of New York shall, from time to time, make provision by law to compel the leasees to pay the rent, and in every other respect enable the Oneidas and their posterity to have the full benefit of their right so to make leases, and to prevent frauds on them respecting the same. And the Oneidas and their posterity forever shall enjoy the free right of hunting in every part of the said ceded lands, and of fishing in all the waters within the same, and especially there shall forever remain ungranted by the people of the State of New York one-half mile square at the distance of every six miles of the lands along the northern bounds of the Oneida Lake, one half-mile in breadth of the lands on each side of Fish Creck, and a convenient piece of land at the fishing-place in the Onondaga River, about three miles from where it issues out of the Oneida Lake, and to remain as well for the Oneidas and their posterity as for the inhabitants of said State to land and encamp on ; but notwithstanding any reservation to the Oneidas, the people of the State may erect public works and edifices as they shall think proper, at such place or places at or near the confluence of Wood Creek and the Oneida Lake as they shall elect, and may take or appropriate for such works or buildings lands to the extent of one square mile at each place. And further, notwithstanding any reservation of lands to the Oneidas for their own use, the New Eng- land Iudians (now settled at Brotherton, under the Rev. Samson Occum), and their posterity forever, and the Stockbridge Indians, and their posterity forever, shall hold and enjoy the settlements on lands herctofore given them by the Oneidas for that purpose,-that is to say, a tract of two miles in breadth and three miles in length for the New England Indians, and a tract of six miles square for the Stockbridge Indians.į Thirdly, in consideration of the said cession and grant, the people of the State of New York do at this treaty pay to the Oneidas two thousand dollars in money, two thousand dollars in clothing and other goods, and one thousand dollars in provisions ; and also five hundred dollars in money to be paid towards building a grist-mill and a saw-mill at their village (the receipt of which money, clothing, goods, and provisions the Oneidas do now acknowledge) ; and the people of the State of New York shall annually pay to the Oneidas, and their posterity forever, on the first day of June in every year, at Fort Schuyler aforesaid, six hundred dollars in silver ; but if the Oneidas, or their posterity, shall at any time hereafter elect that the whole or any part of the said six hundred dollars shall be paid in clothing or provisions, and give six weeks' previous notice thereof to the Governor of the said State for the time being, then so much of the annual payment shall for that time be in clothing or provisions as the Oneidas and their posterity shall clect, and at the price which the same shall cost the people of the State of New York, at Fort Schuyler aforesaid; and as a further consideration to the Oneidas, the people of the State of New York shall grant to the said John Francis Pearche a tract of land,-beginning in the 'Line of Property' at a certain cedar-tree near the road leading to Oneida, and runs from the said cedar-tree southerly along the Line of Property two miles ; thence westerly at right angles to the said Line of Prop- erty, two miles; then northerly at right angles to the last course, two miles ; and thence to the place of beginning ; which the said John Francis Pearche hath consented to accept from the Oneidas in satisfaction for an injury done to him by one of their nation, And further, the lands intended by the Oneidas for Jobn T. Kirkland and for George W. Kirkland being now appropriated to the use of the

į This tract, reserved for the Stockbridge Indians, was situated on both sides of Oneida Creek. That on the east side of the creek formed a portion of Oneida County until 1836, when most of it was annexed to Madison County.

HISTORY OF ONEIDA COUNTY, NEW YORK.

Oneidas, the people of the State of New York shall, therefore, by a grant of other lands, make compensation to the said John T. and Georgo W, Kirkland. And further, that the people of the State of New York shall, as a benevolence from the Oneidas to Peter Penet, and in return for services rendered by him to their nation, grant to the said Peter Penet, of the said ecded lands, lying to thic northward of Oncida Lake, a traet of land ten miles square wherever he shall elcet the same." Fourthly, the people of the State of New York may, in such manner as they shall deem proper, prevent any person, exeept the Oneidas, from residing or settling on the land so to be held by the Oneidas and their posterity for their own use and cultivation ; and if any person shall, without the consent of the peo- ple of the State of New York, come to reside or settle on the said lands, or on any other of the lands so eeded, as aforesaid, except the lands whereof the Oneidas may make leases, as aforesaid, the Oneidas and their posterity shall fortliwithi give notice of such intrusions to the Governor of the said State for the time being. And, further, the Oneidas and their posterity forever shall, at the request of the Gov- ernor of the said State, be aiding to the people of the State of New York in the removing of all such intruders, and in apprehending not only sueh intruders, but also felons, and all other offenders who may happen to be on the said eedod lands, to the end that such intruders, felons, and other offenders may be brought to jnstiee.

"In testimony whereof, as well the sachems, chief warriors, and others of the said Oneidas, in behalf of their tribe or nation, as the said Governor and other commissioners of the people of the State of New York, have hercunto interchangeably set their hands and affixed their seals the day and year first above written.

" ODAGHSEGHTE, KANAGUWEAGA, PETER UTSIQUETTE, TOYOHAG- WEANDA, SHONOUGHLEGO, alias ANTHONY, THAGHIYONGO, TEKEANDYAKTON, OTSETOGON, ONEYAUHA, alias BEECHI- TREE, THAGHITAGHGUISEA, GAGHSAWEDA, THOUGWEAGII- SHALE, OJJISTALALE, alias HANQUARRY, THAGHINEGIITOLIS, alias HENDRICK, KAUAGHISALILGH, THOGHSWEANGLOLIS, alias PAULUS, AGWELENTOUGNAS, alias DOMINE PETER, KANICKTOTAN, TEYOUGHNIHALK, KOUWAGALOT, JONEGH- FLISHEA, alias DANIEL, ALAWISTONIS, alias BLACKSMITHI, SAGOYONTHA, KASKOUGHGUEA, KANAWGALET, THANIYEAN- DAGAYON, KEANYOKO, alias DAVID, HANNAH SODOLK, Ilo- NONWAYELE.

"GEORGE CLINTON, RICHD. VARICK, PETER GANSEVOORT, JR., WM. FLOYD, SAMUEL JONES, SKENONDONGA, EZRA L'HOM- MEDIEU, EGBERT BENSON."

At a treaty held at Kon-on-da-gua, N. Y., Nov. 11, 1794, the United States confirmed this treaty with the Oneidas.

On the 15th of September, 1795, a treaty was made with the authorized agents of the Oneidus, by General Philip Schuyler, John Cantine, and David Brooks, on the part of the State, by which the former ceded part of their former reservation for the sum of $2952, an annuity of $2952, with the conditional sale of other parts at the rate of three dollars annually per each one hundred acres. t

On the 1st of June, 1798, a treaty was held with the Oneidas, at their village, in the presence of Joseph Hop- kinson, United States Commissioner, by Egbert Benson, Ezra L'Hommedieu, and John Tayler, State Agents, at which the Indians ceded another part of their reservation for the sum of $200, and an annuity of $700. This treaty was ratified by the President, Feb. 21, 1799.

On the 5th of March, 1802, an agreement was entered into at Albany between Governor Clinton, Ezra L'Hom- medieu, and Simeon De Witt, agents for the State and the Oneidas, in which a further cession was made of several

parcels of land for $900 and an annuity of $300. On the 4th of June, in the same year, this agreement was ratified before John Tayler, United States Commissioner.

March 21, 1805, an agreement of partition was excented between the Christian or Sken-on-docks, and the Pagan or Cornelius' parties of the Oneidas.t

In 1807, March 13, the Christian party of the Oneidas quit-claimed a part of their tract, for an annual rent of the interest at 6 per cent. at 75 eents per acre, on the land conveyed. The sum of $600 was advanced on the rents thus secured.

On Feb. 16, 1809, the Christian party of the Oneidas sold the remaining part of their Fish Creek reservation (7500 acres), only reserving 300 acres to Abraham Van Epps and the right of fishing to themselves. The terms were $600 in cash, $1000 to be paid in June after, and an annuity of 6 per cent. interest on $2000. Certain Indian families, residing cast of the creek, had liberty to retain land to the extent of 640 acres while they continued to reside upon it. A tract of 400 acres was reserved for Angel De Ferrier.

On the 21st of February, 1809, the Pagan party of the Oneidas sold their lands east of Oneida Creek, and ex- tending from Oneida Lake to Mud Creek, which empties into Oneida Creek to the southward of the Seneea Turn- pike, for the annual interest at 6 per cent. at 56 cents per acre for the land sold. The sum of $1000 was advanced in part payment. Reservations for particular families were made in this and most subsequent cessions.

On the 10th of March, 1810, and the 27th of February, 1811, treaties were made by which the Christian party of the Oneidas sold to the State parts of their reservations, at the rate of fifty cents per acre, receiving a part of this sum, and agreeing that on the remainder they would receive annual interest at the rate of six per cent.

On the 20th of July, 1811, the Oneidas released to the State their claim to the lands held by the Stockbridge and Brotherton Indians, as described in the certificate of Guy Johnson, dated October 4, 1774. For this they received $200, and a further sum of $1000 in November follow- ing.

On the 3d of March, 1815, the Christian party released to the State several lots in their reservation at the rate of $1 per acre, receiving a part of the money at the time of making the sale. The lands were to be surveyed and ap- praised, and persons owning improvements were to receive their value.

March 27, 1817, the second Christian (heretofore Pagan) party of the Oneidas released a part of their lands, with reservations to individuals. Six hundred acres were to be sold for the purpose of erecting a church upon their tract. They received at the rate of $2 per acre for the lands conveyed.

On the 26th of August, 1824; February 13, 1829; October 8, 1829 ; and April 5, 1833, the first Christian party conveyed to the State portions of their reservation,

# This tract was located in Jefferson County, and is ineluded in the present towns of Clayton, Orleans, and Pamelia.

+ This traet was sold at quetion in 1797, to actual settlers.

¿ The line between these parties is indiented on the map by tho dotted line (N. W. and S. E.) running through the reservation. The name "Cornelius" is from Cornelius Doxtater, a chief.

HISTORY OF ONEIDA COUNTY, NEW YORK.

receiving a part of the sum due at the time of the treaties, with an agreement for such further sums as might be found duc upon survey and appraisement.

On the 21st of February, 1826, the second Christian (late Pagan) party of the Oneidus released certain lands for $3 per aere, reeciving $1000 down, the remainder to be paid in June following, or when the Governor might be satisfied that they were about to remove to Green Bay.

In 1827, February 2; 1830, April 3; 1834, February 6; and 1837, February 4, the Orehard party of the Oneidas conveyed to the State parts of their reservation, reeciving a portion of the sum due at the time of the treaties, and in most eases with an agreement for such further sums as might be found due upon survey and appraisement.

In 1838 an act was passed directing the payment of half of the principal of the annuities due the Oneidas residing in Wisconsin. The total amount then annually paid by virtue of the several treaties made previous to this was as follows :

Treaty of 1788, September 22. $600.00

1795, June 1

3,269.28

" 1798, June 1

700.00

" 1802, March 5 300.00

" 1802, June 4

300.00

" 1807, March 13

644.86

" 1809, February 16.

120.00

" 1811, February 21.

332.48

" 1811, February 27

71.82

" 1817, March 27.

120.85

" 1824, August 26.

300.00

The principal of the above at 6 per cent., owned by the whole nation, was .. $86,154.66

Christian party, treaties of 1807-9 .. 17,040.50

First Christian party ..

4,000.00

Pagan, second Christian, or Orchard party

7,555.50

Total owned by all parties. $114,750.66

In earrying into effeet the act of 1838, it was found that there were then living at Duek Creek, or Green Bay, 578, and in New York 706 Oneida Indians. The sum of $27,965.14 being the amount due to the former, was paid in the summer of 1838.

By an act passed in 1839 the Commissioners of the Land Office were required to pay to the Oneidas all surplus moneys arising from the sale of lands above their appraised value. This exeess in 1843 amounted to the sum of $48,722.14.

On the 19th of June, 1840, the first and second Chris- tian parties of the Oneidas, to accommodate those who were desirous of removing to Upper Canada, or elsewhere be- yond the limits of the State, in accordance with an aet passed March 8, 1839, executed a treaty by which they eeded to the State all their lands held in common in Oneida and Madison Counties. There remained of these lands about 4509 aeres, in which 578 persons were entitled to an equal share. The improvements, subsequently found to amount to $14,285, were deelarcd the property of the fami- lies or individuals who had made them, and were ordered to be sold for their benefit.

In 1841, on the 8th of March, a portion of the first and seeond Christian parties of the Oneidas, hitherto known as the " Home Party," eeded about 275 acres. It was subsequently aseertained that the value of the lands thus sold was $7220,50, and of the improvements, $638.75,

to which seven families were entitled proportional shares. The sum of $2160 was advanced the May following, to assist 36 persons to remove to Canada.

March 13, 1841, an emigrating portion of the Orehard party of the Oneidas eeded a traet of 217} aeres, subse- quently found to be worth $5297.57, exclusive of improve- ments to the value of $1510.75, to which three families were entitled proportional shares. The sum of $2640 was advaneed on this in May, to assist them in removing to Canada.

On the 23d of May and 25th of June, 1842, the Orehard party of the Oneidas, in the town of Vernon, released to the State all their remaining lands, on conditions similar to those aequieseed in by the first and second Christian parties, June 19, 1840. There were found 16 persons proposing to emigrate to Canada, and 40 who in- tended to remain.

On the 6th of February, 1846, all parties of the Oneidas agreed by treaty to release to the State the missionary lot in Westmoreland, containing 331} aeres, which had been granted in 1786 to the Rev. Samuel Kirkland, in trust for the missionary or minister whom the Oneidas might engage to reside with them. It was subsequently found that the following number of persons were entitled to share in the payment made under the purchase :

At Duck Creek, in Wisconsin .. 786 who received $866.72

Canada West

491

541.42

New York

225

248.11

Total number of Oneidas in 1846 ... 1502

$1656.25

This closes the transactions of the Oneidas in lands, so far as they acted in a tribal or national capacity, in the State of New York. Sinee 1846, all exchanges and sales of lands have been by individuals, and the lands now oecu- pied by them in Oneida County are owned and cultivated in the same manner as among the whites .*

In addition to the foregoing transactions, there were several of a minor character, in which the State, or the Indians and State jointly, granted or sold lands to various individuals.

Of the traet marked Smith, in the southwest part of Rome, lying between Coxe's Patent and the Oneida Reser- vation, and adjoining the Perache or Pearche traet, we have been unable to obtain any information. It was prob- ably granted or sold by the State previous to the treaty of 1788. It is also ealled the Lawrence Tract.

The Pearehe tract, two miles square, was granted at the treaty of 1788 for some injury done John Franeis Pearehe by the Oneidas.

McKesson's Patent, known for many years to the early inhabitants as the "two-mile traet," adjoined the Pearehe Traet on the southeast, and contained about 4500 aeres. The date of this grant, and the reason for it, we have been unable to aseertain.

In this neighborhood are Baschard's Patent, containing 4911 acres, two Bleecker Traets, each one mile square, the Sergeant Traet, one mile square, two tracts to Wemple, and the Dean and Kirkland Traets. The following with reference to the Van Eps and Sergeant Traets we find in Mr. Jones' aecount of the town of Vernon.

# See Census Returns.

HISTORY OF ONEIDA COUNTY, NEW YORK.

By an act passed April 1, 1796, it was enacted as follows :

"And whereas, Abraham Van Eps has been very instrumental in for- warding the negotiations between the agents aforesaid ( Philip Schuy- ler, John Cantine, David Brooks, and John Richardson, agents, ap- pointed by an aet entitled 'An aet for the better support of the Oneida, Onondaga, and Cayuga Indians') and the Oneida tribe of Indians, and has made them considerable pecuniary advances, of which there is little prospeet that he will be reimbursed. And whereas, the said In- dians have strenuously insisted with the said agents that they should in good faith recommend to the Legislature certain compensation to the said Van Eps by a grant of a part of the land eeded by the Indians to the people of this State ; therefore, be it further enacted, that it shall and may be lawful to and for the said agents to set apart the fol- lowing traet of land, to wit: ' A tract of two miles square to be granted unto Abraham Van Eps, which tract shall be part of the tract purchased from the Oneida tribe in 1795. And be it further enneted, that it shall be lawful for the said agents, and they are hereby required to lay out a tract of one mile square adjoining the land ealled Stockbridge, for John Sargcaut, minister of the gospel, who now resides among the Indians of Stockbridge aforesaid, and to cer- tify the same to the comunissioners of the land-office, who shall there- upon cause letters patent to be issued for the said tract of one mile square so laid out, thereby granting the same to the said John Sar- geant and to his heirs and assigns forever."

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History of Oneida County, New York, 1667-1878, Part 16

Author: Publication date: 1878 Publisher: Philadelphia, Everts & Fariss Number of Pages: 932

Author:
Publication date: 1878
Publisher: Philadelphia, Everts & Fariss
Number of Pages: 932