USA > New York > Yates County > History of Yates County, N.Y. : with illustrations and biographical sketches of some of the prominent men and pioneers > Part 5
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56
HISTORY OF YATES COUNTY.
A preceding paragraph has incidentally mentioned the fact that the king of Kanandesaga was killed at the battle at Newtown or Elmira. The main fact was undoubtedly correct, but it is highly questionable whether the dead official held any such title as king, for no such office ever existed among the Iroquois Confederates. On the contrary reports go to show that Kayingwaurto was a subordinate Seneca chief and at that period in command of the Indians of that tribe who inhabited Kan- andesaga and its vicinity. He was a chief and nothing more. A re- port of the death of the chief was brought to General Sullivan a few days after the battle at Newtown by an escaped prisoner, and after an accurate description the general remembered having seen such a war- rior among the slain on the field of battle. On the person of the dead chief was found a written memorandum which strongly tends to prove the often disputed fact that the British agents agreed to a bounty for each white scalp taken by their redskinned allies. The paper found read as follows :
" This may certify that Kayingwaurto, the Sanakee chief, has been on an expedition to Fort Stanwix and taken two scalps, one from an officer and a corporal. They were gunning near the fort, for which I promise to pay at sight ten dollars for each scalp. "Given under my hand at Buck's Island and the allies of his Majesty.
" JOHN BUTLER, Col. and Supt. of Six Nations."
As has already been stated the campaign of General Sullivan had the effect of driving the unfriendly Indians out of the eastern part of the Genesee country and of the State, and obliging them to seek refuge and protection at the British post at Fort Niagara. Not only had their vil- lages been wholly destroyed, but as well their corn-fields and gardens, leaving them with no means of subsistence through the winter follow- ing. They were fed and otherwise provided for by the agents of Great Britain, but with the coming of spring an attempt was made to persuade them to return to their old haunts and cultivate crops for another win- ter's use. This effort was partially successful, but instead of returning to their ancient camps the Indians settled and established villages in the region of Fort Niagara, not being willing to venture again into the ter- ritory where they might be subjected to another destroying visit as Sullivan's men had inflicted upon them.
In the country around Niagara the squaw portion of the Indian popu- lation planted crops of corn and vegetables which yielded a harvest for
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UNITED STATES OF AMERICA.
the succeeding winter. But the supply was not equal to the demand, and the natives again, in the winter of 1780-81, had recourse to their friends, the British. The warriors of the community were kept con- stantly busy by Guy Johnson and Colonel Butler marauding upon frontier settlements of their enemies, but the Indians had become so thor- oughly broken up that they were unable to produce such devastation as at Wyoming and Cherry Valley. With the surrender of Cornwallis in October, 1781, there was a practical cessation of hostilities, but it was not until the fall of 1783 that peace was formally agreed upon between Great Britain and the revolted colonies, henceforth to be universally acknowledged as the United States of America. By the terms of the treaty then made the boundary lines between the British lands and the territory of the United States was established along the center of Lake Erie, the Niagara River, and Lake Ontario and the St. Lawrence River, and northward and eastward to the Atlantic Coast. Still for several years the British posts on the American side were held in the posses- sion of the King's soldiers, and the same leaders who controlled them during the war continued to exercise an unfriendly influence among them as against the United States and the State of New York.
CHAPTER V.
Situation of the Indians at the close of the Revolution - They are recognized as rightful owners of the Territory - Treaties for the purchase of Indian Titles - The Grand Council at Fort Stanwix -- Red Jacket opposes the Sale - A brief sketch of the famous Chief - The Medal - The subject Resumed - Conflicting claims by New York and Massachusetts - Their Settlement - Massachusetts owns the Genesee Country - Yates County a part of it - The New York Genesee Land Company - The Niagara Genesee Land Company - They Lease from the Six Nations - Looking to the formation of a new State -- Imitating the action of Vermont - The attempt Fails -- Prompt action of Governor Clinton -- The Compromise and its Reward.
A FTER the close of the Revolution it was found that the treaty agree- ment entered into between the previously contending govern- ments had made no provision for the Indian allies of Great Britain. The English authorities offered them lands in Canada, but all the tribes ex- cept the Mohawks preferred to remain in New York. 8
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HISTORY OF YATES COUNTY.
They were entitled to no consideration at the hands of the United States government, for by their action in participating in the war on the side of England they had forfeited their right to possession and were in much the same position as was the English government in that respect -a conquered nation having lost their rights in a conflict at arms. But the United States and the State of New York treated the Indians with great moderation, and declined to avail themselves of their right to claim the lands formerly occupied by the Iroquois, and even admitted the unfortunate savages to the benefits of peace, although the latter had twice violated their pledges and plunged into a war against the colonies. However a property line, as it was called, was established between the whites and Indians, which line ran along the eastern boundary of Broome and Chenango Counties and thence northwestward to a point seven miles west of Rome.
Conceding after some discussion and dissension that the Indians had some rights in the territory formerly occupied by them the legislature of New York passed an act constituting the governor and certain other designated persons as superintendents of Indian affairs. George Clin- ton, then governor, assumed at once the responsible duties of arranging a council with the chiefs and sachems of the several tribes, and for this purpose sent emissaries to confer with the Indians and bring them if possible to an amicable understanding of the matter. After much labor and the lapse of considerable time a council was held at Fort Schuyler on the first of September, 1784. There were present the New York representatives together with deputations from the Mohawks, Cayugas, Onondagas, and Senecas. The Oneidas and Tuscaroras were not at first represented, but after three days they appeared. During the proceed- ings the Cayugas and Tuscaroras exhibited to the commissioners a letter from the committee of Congress, wherein it was stated that the Indians should not treat with representatives of New York, as the governor had no authority to conduct such council, but that the committee of Con- gress would meet the Indians in council at Fort Stanwix on the 20th of September "to settle a peace with all the Indian nations from the Ohio to the Great Lake." After distributing presents and provisions among the Indians Governor Clinton resolved to postpone further action until the arrival of the United States commissioners.
59
RED JACKET.
In the month of October, 1784, the treaty at Fort Stanwix was held. On the part of the United States there were present Commissioners Oliver Wolcott, Richard Butler, and Arthur Lee, while the celebrated Frenchman, Marquis de Lafayette, was with them in the capacity of interested spectator. The Indians were also present, being represented by chiefs and sachems. The proceedings of this first grand council had no special relation to the lands of this locality, but at the meeting there was brought into prominent notice one who is claimed to have been, and beyond question was, a native of the territory afterward erected into Yates County. This personage was the famous Red Jacket, who, though a youth at the time of the council, afterward became a con- spicuous figure in the frequent treaty meetings. Upon the occasion above referred to Red Jacket was bitterly opposed to making any con- cessions whatever to the whites and openly advocated a renewal of the war. But in this effort Red Jacket was opposed by the noted war chief Cornplanter, and the council of the latter prevailed, with the result of a treaty fixing the western boundary of the territory to be considered as belonging to the Six Nations. Here the reader will pardon a slight di- gression from the general course of this narrative that he may take a glance at this celebrated son of Yates County, Red Jacket, although the son may be said to have occupied the somewhat anomalous position of being many years older than his parent.
Sagoyewatha, the Seneca name of the chief, was born near Branch- port on the western arm of Ogoyago Lake, but as to the date of his birth there appears to be no record, nor is it known who of the Sene- cas were his parents. At the time of the treaty at Fort Stanwix the chief was a young man and had just been elevated to the position he held. He was the recognized orator of his tribe, not even second to the eloquent Cornplanter, but the latter held pre-eminence, was a war- rior of mature years, and one who had carved his way to fame among his people through his cruel and merciless slaughter of white men, women, and children. As a speaker for his tribe and nation Sagoye- watha stood without a peer. Indeed so powerful was his speech at the treaty ground that Levasseur, the French writer who derived his information from Lafayette, said of him: " His speech was a master- piece, and every warrior who heard him was carried away with his elo- quence."
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HISTORY OF YATES COUNTY.
Red Jacket had, when a youth, heard a number of prominent speakers among the Indians, and he determined to and did instruct himself in the art of oratory ; and his first or maiden effort was made on the occasion referred to, and that brought to him the name of Sagoyewatha, "The Keeper Awake," or literally "he keeps them awake," as more descrip- tive of his oratorical powers. But among the whites he was generally called by the rediculous appellation of Red Jacket, a name which he transmitted to his descendants.
He, too, had been an actor in the border wars, but had won no laurels in them. Brant and Cornplanter both hated him, declaring that he was both coward and traitor ; but theirs was the hatred of envy and jealousy. They were accustomed to tell of the time when he made a glowing speech urging the Senecas to battle, but while the conflict was going on was discovered cutting up the cow of another Indian which he had killed. After that he was frequently called " The Cow Killer," a name which was inserted in two or three public documents, but afterward crossed out and "Red Jacket " substituted.
The treason with which he was charged seems to have consisted in making several efforts for peace during Sullivan's campaign without the sanction of the war chiefs. At one time he is said to have secretly sent a runner to the American camp inviting a flag of truce. Brant heard of this and had the unlucky messenger intercepted and killed. Prob- ably some of the stories of his timidity and treachery are false, but there were many of them and all pointed the same way. Notwithstanding all this such was the charm of his eloquence, and such the clearness of his intellect, that he rapidly gained in influence and was made a chief, that is a civil chief or counselor of the sachems.
At the beginning of the Revolution he was a youth of about twenty. The British officers had been attracted by his intelligence and frequently employed him as messenger, for which he was well qualified by his fleet- ness of foot and shrewdness of mind. They compensated him by a succession of red jackets, in which he took great pride and from which he derived his name. In later years Red Jacket had risen to a high position, being mentioned by Proctor as "the great speaker and a prince of the Turtle tribe." As a matter of fact, however, he belonged to the Wolf clan.
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RED JACKET.
In 1792 Red Jacket and Farmer's Brother were two of fifty chiefs who visited the seat of government, then at Philadelphia. The former then claimed to be in favor of civilization, and it was at this time that Washington gave him the famous medal which he afterward wore on all great occasions. It was of silver, oval in form, about seven inches long by five wide, and represented a white man in a general's uniform presenting a pipe of peace to an Indian. The latter had flung down his tomahawk. Behind them is shown a house, a field, and a man plowing.
The manner in which Red Jacket acquired his characteristic name is told by his biographer : On one of his visits to the seat of government General Knox, then Secretary of War, presented the distinguished Sen- eca with the full uniform of a military officer, with cocked hat and all equipments complete. Red Jacket requested the bearer to inform Knox that he could not well wear military clothes, he being a civil sachem, not a war chief. If any such present was to be made to him he would prefer a suit of civilian's clothes, but would keep the first gift until the other was sent. In due time a handsome suit of citizen's clothes was brought to his lodging. The unsophisticated savage accepted it and then remarked to the bearer that in time of war the sachems went out on the war-path with the rest, and he would keep the military suit for such an occasion. And keep it he did. The foregoing anecdote is slightly at variance with the former statement that Red Jacket was first clothed in military uniform by the British officers, but the reader must do as in all tales of Indian heroes, read all and believe whichever best suits his convenience or fancy. But Yates County is not the only claimant to the place of nativity of Sagoyewatha or Red Jacket. A State Historical Gazetteer published some thirty years ago fixes his place of birth in the present town of Fayette in Senaca County, and the spot as being near Canoga Spring. This was undoubtedly an error, for there can be produced satisfactory evidence to show that the famous chief was born in what is now the town of Jerusalem in this county, and not far from the hamlet called Branchport. In fact it is said that Red Jacket himself told the late Judge Lewis that he was born at the place indicated.
After the treaty and great council at Fort Stanwix held by the com-
62
HISTORY OF YATES COUNTY.
missioners respecting the general government the Board of Indian Af- fairs, under the authority of New York, met and frequently called the Indians together for the purpose of acquiring and purchasing their lands. The several councils thereafter held resulted each in the surrender on the part of the natives of vast tracts of their former territory, but in each and every case the authorities made to them a just compensation.
In this manner matters progressed favorably for some time, but of a sudden there arose a spirited controversy which in various forms in- volved the question of title or right to purchase, the greater part of which was due to the imperfect understanding had by the King of the situation and extent of territory in America. It was the custom of the sovereign to make extensive grants, charters, or patents of land to cer- tain favorites, or for consideration, but with the most indefinite and un- certain boundaries. One of these vast and almost boundless areas was granted by King Charles to his brother James, the Duke of York, which included all the lands between the Connecticut River on the east and westward to the Delaware Bay, north to the province of Canada, and westward indefinitely. This neat little estate, had the title been subse- quently confirmed as granted, would haveincluded millions and millions of acres and would have made brother James " quite well off," to use a com- mon expression; but the same ruler made another grant of territory to the Plymouth Company, which likewise extended several degrees of lati- tude north and south and stretched east and west from the Atlantic to the Pacific. The last mentioned grant was made in 1620 and the former in 1628, and of course that last made overlapped the first, but did not vacate or supercede it. The first grant, that made in 1620, founded the colony tract for New England, while the latter eventually resolved into the colony, province, and lastly the State of New York.
Many complications and controversies were the outcome of these conflicting grants. One of them very nearly involved the stalwart Green Mountain Boys in a civil war against the authorities of the province of New York, and would probably have so resulted but for the outbreak of the Revolution. The principal discussion concerning ownership and jurisdiction of the territory under the letters patent, and that which more particularly concerns the present reader, was that carried on be- tween the authorities of the province of the then called Massachusetts
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LAND TITLE CONTROVERSY.
Bay and the representatives of the colony and province of New York, although at the time the controversy was adjusted both of these colonies had become States of the Union. To settle the dispute between them the States of Massachusetts and New York ceded all their domain to the federal authority, but before the latter had taken cognizance of the matter the States themselves had taken such action as obviated the ne- cessity of congressional interference. After the settlement of certain preliminaries the contestants agreed upon the appointment of commis- sioners of arbitration, who held a meeting at Hartford, Conn., on the 16th of December, 1786. The results of their deliberations are best told by Turner, as follows :
" According to the stipulations entered into by the convention Massa- chusetts ceded to the State of New York all her claim to the govern- ment, sovereignty, and jurisdiction of all the territory lying west of the present east line of the State of New York; and New York ceded to Massachusetts the pre-emption right, or fee of the land, subject to the title of natives, of all that part of the State of New York lying west of a line beginning at a point in the north line of Pennsylvania, eighty-two miles north of the northeast corner of said State, and running thence due north through Seneca Lake to Lake Ontario; excepting and re- serving to the State of New York a strip of land east and adjoining the eastern bank of Niagara River; one mile wide, and extending its whole length. The land, the pre-emption right of which was thus ceded, amounted to about 6,000,000 of acres."
The plain interpretation of this agreement was that the land in ques- tion should remain and continue within the State of New York and subject to its laws and government, but that its ownership should be in the State of Massachusetts, subject to whatever rights the Indian occu - pants may have had and then had. This right Massachusetts was at liberty to purchase from the natives.
Thus vested with the legal title to the lands all that was required of Massachusetts was the purchase of the Indian claim, as New York had previously done in other localities. The greater part of the territory included within the county of Yates was also a part of the Massachu- setts tract. And the portion of this county which was not within the pre-emption lands, as sometimes called, is that which lies bordering on
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HISTORY OF YATES COUNTY.
Seneca Lake in the towns of Torrey, Milo, and Starkey as at present constituted.
The proceedings of the arbitration commission were held and its agree- ment reached during the year 1786 and in the year following, 1787, Massachusetts began casting about for a sale of her territory; but at this juncture there appeared an element of disturbance that not only threatened trouble for the Bay State's interests, but, as afterward devel- oped, that same troblesome factor threatened to disrupt the very insti- tutions of the State of New York. The troubles and vexations of the time were all caused by the unlawful operations of the New York Gene- see Company and its auxiliary association, the Niagara Genesee Company.
The constitution of the State of New York forbade the purchase of the fee of lands from the Indians by individuals, that right being re- served to the State alone. This measure was adopted to protect the nations against the acts of unscrupulous persons whose chief aim should be to defraud the easily misled Indians of their possessions; but the right so reserved to this State, so far as related to the district ceded to Massachusetts, was passed to the latter under the deed of cession.
During the winter of 1787-88 there was organized an association of individuals who styled themselves the New York Genesee Company, and the object of which was the acquirement of lands from the Indians ; not, however, by purchase, for that was forbidden by law, but by ob- taining leases of the lands for long period of years, and upon the pay- ment of small cash consideration and an annual rental. The New York Genesee Company was comprised of wealthy persons, most of whom resided in the Hudson River region, and who became members of the association purely for purposes of speculation. This company also caused to be organized an auxiliary association, called the Niagara Genesee Company, the membership of which was comprised chiefly of residents of Canada, with a certain few from this State ; but almost with- out exception those who composed the latter company were persons who had in some manner become acquainted with the Indians and who were able to influence them almost at will.
Through the machinations of the lesser organization, the Niagara Genesee Company, there was executed a lease with the Six Nations, in
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LAND TITLE CONTROVERSY.
which lease the party of the second part were the associates comprising the principal company, and by the terms of which the second party therein named became the lessees of an immense tract of land for a period of 999 years from the 30th of November, 1787. The consid- eration provided to be paid by way of rental was the annual sum of 2,000 Spanish milled dollars, added to which was the promise of a bonus of $20,000.
The lease consummated the new proprietary at once set about the col- onization of their district, which of course included within its limits the greater part of what is now Yates County ; but no sooner had the intel- ligence of this lease reached the ears of Governor Clinton than that offi- cial at once dispatched trustworthy agents to the land of the Seneca for the purpose of informing the natives of the fact that they had been duped ; that the lease would be declared null and void by the State legislature ; and that they, the Indians, should refrain from further nego- tiations with either lessee company or their agents.
It appears that the originators of the scheme for the acquirement of Indian lands by lease had another project in view than the mere acqui- sition of title. At that particular time as well as previously and after- ward there was in progress a controversy between the authorities of the State of New York and the people of the independently organized district of New Hampshire Grants, but more commonly known as the State of Vermont. The people then had taken their grants from the governor of New Hampshire, Benning Wentworth, under the belief that the territory was a part of that province, but the decree of the King in July, 1764, had determined the eastern boundary of the province of New York to be the west bank of the Connecticut River. The people of the district would have readily submitted to the authority and jurisdic- tion of New York had not the governor of the latter insisted that the township charters be surrendered, and that new ones be taken from New York and full consideration be paid therefor. Against this the people rebelled, and most effectually and determinedly resisted all attempts of the New Yorkers to dispossess or arrest them. In 1777, after the Dec- laration of Independence declared at Philadelphia, the people of the then called New Hampshire Grants assembled in convention and de- clared their district to be an independent State ; and thereafter, and for
9
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HISTORY OF YATES COUNTY.
fourteen long years, they maintained that independence until finally admitted to the federal Union in 1791.
While the situation in Vermont had no parallel in the case of the lessee company, still the latter was inspired with the hope that in ac- quiring a long lease-hold interest in the lands of the Six Nations they, too, might organize a separate and independent State apart from the government of New York. Such was their discovered intention, but the prompt and energetic action of Governor Clinton thwarted their plans, afterward annulled their leases, and made them glad to sue for terms of peace and compromise. The result was that instead of possessing some' millions of acres, and forming them into a new State, they were ultimately content with receiving a ten mile square grant off the old Military Tract in the northern part of this State. The lessees were after- ward further rewarded by the Phelps and Gorham proprietary by the grants of several towns ; but consideration of the latter grants was the influence the agents of the lessees commanded with the Indians in en- abling Phelps and Gorham to perfect their title by purchase from the Six Nations.
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