History of Oneida County, New York : with illustrations and biographical sketches of some of its prominent men and pioneers, Part 16

Author: Durant, Samuel W
Publication date: 1878
Publisher: Philadelphia : Everts & Fariss
Number of Pages: 920

USA > New York > Oneida County > History of Oneida County, New York : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 16

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" Whilst on the other side of the great lake, I shall benr of you with plensure, and until we shall again smoke our pipes together, und be together under the same huts, I wish you good henlth, suo- cessful hantings, union, plenty, and the fulfillment of all dren ms which promise you happiness.

[Trae 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 commissiuners were Anthony Von Schniok, Levi Pawling, Peter Schuyler, and Colonel Jacob Klock ; und they seem to have had simply powers to conclude trenties.

t 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 associate with this commission such other persons as he might deem proper.

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

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

| Name given him by the Indians.

{ Birds of pence or good omen.

## Burgoyne's:

tt The Atlantic Ocean.

## Craig's Olden Timo, Pittsburgh, 1847.

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

n plan, which was confirmed by the Sennte, in which the Senecas, Oneidas (and Stockbridge Indians incorporated with them), the

HISTORY OF ONEIDA COUNTY, NEW YORK.

The original Constitution of New York restricted the right of purchasing lands from the Indians to the State in its sovereign capacity, and an act passed March 18, 1788, imposed a penalty of $250, and further punishment by five and imprisonment, at the discretion 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 recent 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 discretion. With the exception of a few of the earlier treaties, each tribe has negotiated sepa- rately with the State in the cession of its lands, and in more recent periods sectional and local parties acted 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 ceded 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 increased by the Holland Company.

A treaty was made at Fort Stanwix (Schuyler) in Sep- tember, 1788, with the Oneida nation, at which they ceded nearly all their lands to the State. The following account 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. Hongh's history of Jefferson County, for which it was transcribed from the records at Albany :

" At a treaty held at Fort Schuyler, formerly ealled Fort Stanwix, in the State of New York, by his Excellency, George Clinton, Gev- ernur of the said State, and William Floyd, Ezra L'Hommedieu, Richard Variek, 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 er 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 landa to the people of the State of New York forever. Secondly, of the enid ceded lands the following tract, to wit : Beginning at the Wood Creek, opposite to the month 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 [Pernche?]; thence nlong the westerly bounds of said tract to the southwest corner thereof; thence to the northwest corner of the truet granted to James Dean ; thence along the westerly beunde thereof to the southwest corner of the last-mentioned traet; thenee due south until it intereseets a due-weet line from the head of the Ti-en-a-da-ha, or Unadilla River; thence from the said point of intersection due west until the Deep Springt bears due oerth ; thenee due north to the Deep Spring; thence hy the nearest course to the Cun-e-se-ra-ga Creek ; and thence along the said creek, the Oneida

Lake, nad the Wood Creek to the place of beginning, shall be re- served for the following nses, that is to say : The lands lying to the northward of a line parallel to the sonthern line of the said reserved lands, and four miles dietant from the enid southern line, the Oneidas shall hold to themselves and their posterity forever, for their own use and cultivation ; but not to be sold, lensed, or in any other man- ner aliened or disposed of to others. The Oneidas may from time te time forever make leases of the Innds between the said parallel line (being the residue of the enid 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 lense of the same lands shall have expired. The rente shall be to the use of the Oneidas and their posterity ferever. And the people of the State of New York shall, frem time to time, make provision by law to cempel the Icasees 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, und to prevent frauds on them respecting the same. And the Oneidas and their pusterity forever shall enjoy the free right of hunting in every part of the said eeded lands, and of fishing in all the watera 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 bounde of the Oneida Lake, one half-mile in breadth of the lands on each side of Fish Creek, and a convenient piece of Innd nt the fishing-place in the Onondaga River, about three miles from where it issues ont of the Oneida Lake, and to remnia as well for the Oneidas and their posterity ne for the inhabitants of said State to land and encatup on; but notwithstanding nny reservation to the Oneidas, the people of the State may erect public works and edifices ae they shall think preper, at such place or places at er near the confluence of Wood Creck and the Oneidn Lake ns they shall elect, and may take or appropriate for such works er buildings lands to the extent of one square mile at ench place. And further, notwithstanding any reservation of lands to the Oneidas for their own use, the New Eng- land Indians (now settled at Brotherton, under the Rev. Samsen Ocenm), and their posterity forever, and the Stockbridge Indinne, and their posterity forever, shall hold and enjoy the settlements on Inads heretofore given them by the Oneidas for that purpose,-that ia 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 equare for the Steckbridge Indiaos.# Thirdly, in consideration of the said cessiva 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 theusand dollars in provisions ; and also five hundred dollars in money to be paid tewarde building a grist-mill and a snw-mill at their village (the receipt of which money, clothing, goods, and provisions the Oweidas 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 Fert Schuyler aferesaid, six hundred dollars in silver ; but if the Oneidas, or their posterity, shall at any time herenfter elect that the whole or any part of the anid six hundred dollars shall be paid in clothing or provisions, and give six weeks' previous netice 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 provisione ne the Oneidas and their posterity shall elect, and at the price which the eume shall cost the people of the State of New York, at Fort Schuyler aforesaid ; and as a further consideration to the Queidas, the people of the State of New York chall grant to the said John Francis Pearche a tract of land,-beginning in the ' Line of Property' at a certain cedar-tree near the rond leading to Oneida, and runs from the snid cedar-tree southerly along the Line of Property two miles ; thenee westerly at right angles to the snid Line of Prop- erty, two miles; then northerly nt right nagles to the last course, two miles; und thence to the place of beginning ; which the said John Francis Pearcbe bath 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 John T. Kirkland and for George W. Kirkland being now appropriated to the use of the

Tuscaroras, Cayugas, and Onondagas were to receive ananally $1500, to be expanded in purchasing clothing, domestic animals, and implements of husbandry, and for encouraging artifieers to reside in their villages.

# Census Report, 1855.

# Now in the town of Manlius, Onondaga County.

# This tract, reserved for the Stockbridge Indians, was situated on both sides of Oneidn Creek. That on the enet side of the ereek fermed a portion of Oneida County uotil 1836, when most of it was annexed to Madison County.

HISTORY OF ONEIDA COUNTY, NEW YORK.

Oneidas, tho people of the State of New York shall, therefore, hy a grant of other laads, make compensation to the said Joha T. and George W. Kirkland. And further, that the people of the State of New York shall, as a benevolence from the Oneidas to Petor Penet, and in return for services rendered by him to their aation, grant to the said Peter Penet, of the said ceded lands, lying to the north ward of Oneida Lake, a tract of land tea miles square whorever he shall elect the same. Fourthly, the people of the State of New York may, in such manner as they shall deem proper, prevent any person, except the Ouridas, 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 ceded, as aforesaid, except the laads whereof the Oneidas may make leases, as aforesaid, the Oneidas and their posterity shall forthwith give notice of such intrusions to the Governor of the said State for the time heing. And, further, the Queidas and their postority forover shall, at the request of the Gov- ernor of the said State, he aiding to the people of the State of Now York in the removing of all such intruders, and ia apprebending aot only such intruders, but also felons, and all other offenders who may happen to he on the said ceded lands, to the end that such intruders, felons, and other offenders may be brought to justice.

"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 herennto interchangeably set their hands and affixed their seals the day and year first above written.

" ODAGIISEGHTE, KANAGHWEAGA, PETER UTSIQUETTE, TOYOHAG- WEANNA, SHONOUGHILEGO, alias ANTHONY, THAGHIYONGO, TEKEANDYAKTON, OTSKTOGON, ONEYAURA, alias BEECH- TREE, THAGHTAGRGUISEA, GAGHSAWEDA, THOUGWEAGn- SHALE, OJISTALALE, alias HANQDARNY, THAGHNEGITOLIS, alias HENDRICK, KADAGASALILGH, THOGHSWEANOLOLIS, alias PAULUS, AGWELENTOUGNAS, alias DOMINE PETER, KANICKTOTAN, TEVOUGHINIHALK, KOUWAGALOT, JONEGK- FLISHEA, alias DANIEL, ALAWISTONIS, alias BLACKSMITH, SAGUYONTHA, KASKOUGAGITEA, KANAWGALET, THANIYEAN- DAGAYON, KEANYOKO, alias DAVID, HANNAR SODOLK, HIO- NONWAYELE.

" GEORGE CLINTON, RICHO. VARICK, PETER GANSEVOORT, JR., War. FLOYD, SAMUEL JONES, SKENONDONGA, EZRA L'HOM- MEDIEU, EGBEAT 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 Oneidas, 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 executed between the Christian or Sken-an-doahs, 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 cents 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 G per cent. interest on $2000. Certain Indian families, residing east 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 Seneca 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 Oncidas 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 included in the present towns of Claytoa, Orleans, and Pamelia.

This tract was sold at auction in 1797, to actual settlers.

# The line between these parties is indicated on the map by the 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 dne at the time of the treaties, with an agreement for such further sums as might be found due upon survey and appraisement.

On the 21st of February, 1826, the second Christian (late Pagan) party of the Oneidas released certain lands for $3 per acre, receiving $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 Orchard party of the Oneidas conveyed to the State parts of their reservation, receiving a portion of the sum due at the time of the treaties, and in most cases 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 Oneidus 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 ]

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, Angust 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 1807-0. 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 carrying into effect the act of 1838, it was found that there were then living at Duck 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 Oneidus all surplus moneys arising from the sale of lands above their appraised value. This excess 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 act passed March 8, 1839, executed a treaty by which they ceded to the State all their lands held in common in Oneida and Madison Counties. There remained of these lands about 4509 acres, in which 578 persons were entitled to an equal share. The improvements, subsequently found to amount to $14,285, were declared 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 second Christian parties of the Oneidas, hitherto known as the " Home Party," ceded about 275 acres. It was subsequently ascertained 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 Orchard party of the Oneidas ceded a tract of 217} acres, 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 advanced on this in May, to assist them in removing to Canada.

On the 23d of May and 25th of June, 1842, the Orchard party of the Oneidas, in the town of Vernon, released to the State all their remaining lands, on conditions similar to those acquiesced 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} acres, 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. Canada West 491 786 who received $866.72 ¥ 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. Since 1846, all exchanges and sales of lands have been by individuals, and the lands now occu- 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 tract marked Smith, in the southwest part of Rome, lying between Coxe's Patent and the Oneida Reser- vation, and adjoining the Perache or Pearche tract, 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 called the Lawrence Tract.

The Pearche tract, two miles square, was granted at the treaty of 1788 for some injury done John Francis Pearche by the Oneidus.

Mckesson's Patent, known for many years to the early inhabitants as the " two-mile tract," adjoined the Pearche Tract on the southeast, and contained about 4500 acres. The date of this grant, and the reason for it, we have been unable to ascertain.

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

# See Census Returns,

HISTORY OF ONEIDA COUNTY, NEW YORK.

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

"And wherens, Ahraham 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 act entitled ' An act for the better support of the Oucida, Quandaga, and Cayuga Indians') and the Oneida tribe of Indiaos, and has made them considerable pecuniary advances, of which there is little prospect that he will be reimbursed. And wherens, the said In- dians have stronuously insisted with the said agents that they should in good faith recommend to the Legislature certain compensation to the said Van Eps hy a grant of a part of the land ceded by the Indians to the people of this State ; therefore, be it further euacted, that it shall and may be lawful te and for the said agents to set apart the fal- lowing tract of land, te wit: ' A tract of two miles square to be granted nnte Abraham Van Eps, which tract shall be part of the tract purchased from the Oneida tribe in 1795. And be it further enacted, that it shall he lawful for the said agents, and they are hereby required to lay out a tract of one mile square adjoining the land called Stockbridge, for Jobn Sargeant, minister of the gospel, who now resides among the Indians of Stockbridge aforesaid, and to cer- tify the same to the comunissioners of the laod-office, who shall there- upon cause letters patent to be issued for the said traet 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 : with illustrations and biographical sketches of some of its prominent men and pioneers, Part 16

Author: Durant, Samuel W Publication date: 1878 Publisher: Philadelphia : Everts & Fariss Number of Pages: 920

Author: Durant, Samuel W
Publication date: 1878
Publisher: Philadelphia : Everts & Fariss
Number of Pages: 920