USA > New York > Erie County > Elma > History of the town of Elma, Erie County, N.Y. : 1620 to 1901 > Part 3
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Washington, Nov. 18, 1898-"The court of claims rendered a judgment of $1,961,400 in favor of the New York Indians who entered suit against the United States to recover the value of cer- tain lands donated to them in Kansas and subsequently disposed of by the United States. The award is in pursuance of a mandate from the United States Supreme Court. The case has been pend- ing in the courts about five years. These lands had been set apart as a reservation for them by the treaty of 1838, but the lands were never occupied by them, and were sold by the government and the proceeds placed in the United States treasury.
The court of claims originally decided against the Indians, but the supreme court reversed that judgment and directed the award in their favor of the net amount actually received by the govern- ment for the Kansas lands, less the amount to which the Tona- wandas and Senecas would have been entitled and less other just deductions."
INDIAN VILLAGES IN ELMA.
At this time, 1842, there were three Indian villages or settle- ments in the town of Elma; also many scattering residents.
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One village was about half a mile east of Blossom on the nortlı side of the Creek where they had a church or small council house.
At Elma Village there were 12 or 15 families who had their residences on the flats and on the high banks on both sides of the Creek. The Indians called this "The Big Flats." Here they had a burying ground, located a little west of Mr. Joseph B. Brigg's house.
Another village was at the bend of the Creek on Lots 14 and 15 which were for many years owned by Mr. Frank Metcalf, and there were scattering residences east into the town of Marilla and south on both sides of the Creek for a mile or more. Here resided Chiefs Big Kettle, Sundown, and Jack Johnny John. East of this village and near the line between Elma and Marilla was the home of a son of Mary Jemison [so reported by the early settlers], and it was here he died, and he was probably buried in the Indian Cemetery about one-third of a mile southeast from East Elma on the north bank of the creek, just west of a clump of pine trees on a high bank. Names of other Indian families will be given later.
In 1846, just before leaving the town for the Cattaraugus Res- ervation, the Indians of the "Big Flats" held a war dance in Mr. Clark W. Hurd's barn, Messrs. Hurd & Briggs furnishing the pro- visions for the feast. Some sixteen to twenty warriors took part in the dance, dressed and painted in strict war style, viz: entirely naked, except mocassins and breech-cloth, the chiefs with feathers to form a head gear. This was late in the fall and the next spring they left for their new homes. This was the last gathering the Senecas held in the town of Elma.
PROMINENT INDIANS.
In the Seneca tribe of the Iroquois Nation were four persons who by the position they occupied and their influence in the Nation deserve especial notice here. They were Farmer Brother, Corn- planter, Red Jacket and Mary Jemison.
FARMER BROTHER, the oldest of the four, a chief loved, honored and respected by all who knew him, had his home on the Buffalo Creek Reservation. Notwithstanding the force and power of Iroquois law and the opposition of Red Jacket, he succeeded in having five hundred or six hundred of the Senecas enlist in the American army in 1813. This had the effect of uniting all the Seneca tribe, including Red Jacket, on the American side, and was the means of driving the Mohawk and other Canadian Indians from the British army in Canada after the battle at Chippewa. The old Chief was at that time over eighty years old and he was over ninety years old at the time of his death.
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CORNPLANTER, a Seneca Chief residing on the Allegany Reser- vation, was with the British during the Revolutionary War. He was one of the great leaders of the Senecas and became very friendly with the Americans after General Sullivan had invaded their territory, and he took an active part with Farmer Brother in the 1813 war. He was strongly opposed to the use of liquor and was one of the most eloquent temperance lecturers of the Country.
He died in 1836, aged one hundred years.
We have all heard and read about RED JACKET and his his- tory has been written in full.
By his oratorical powers he was able to exert a great influence in his tribe. Always true to Confederate and Clan law, he opposed to the last, any of the Senecas joining the American army in the 1812 war after the Mohawks had joined the British; but not being able to overcome the influence of Farmer Brother and Corn- planter and the general sentiment and determination of the other Seneca chiefs and warriors, he finally entered the army and did good and faithful service at the battle of Chippewa and was in- fluential in causing the Mohawks to withdraw from the British army. He died near the Mission Church on the Buffalo Creek Reservation January 20th, 1830, at the age of seventy-five years. His remains now rest in Forest Lawn Cemetery, Buffalo.
MARY JEMISON, called also "THE WHITE WOMAN." By reason of many extraordinary circumstances and strange ex- periences, Mary Jemison, by marriage and by choice a member of the Seneca tribe, and that one of her sons lived and died in this town, a brief sketch of her life is here given. She first saw the light of day in mid-ocean, her parents having left the land of their birth, Ireland, to better their fortunes in the new world. They settled in Pennsylvania where they lived until the breaking out of the French War in 1754. In 1755 the family, with neighbors, were taken prisoners by the Indians and all but Mary were killed. She was carried captive to the Ohio River and at 12 years of age was adopted by two Indian sisters who treated her with great kindness and gave to her the name, Deh-he-wa-mis. She married a brave of the Delawares, and after several years she decided to take her children and go on foot hundreds of miles from the Ohio River and take up her residencee with the Senecas in this state, her husband agreeing to join her. He died before he met her,.
She was twice married and had three sons and five daughters. Her crops and cabin were destroyed by Sullivan's army in 1779. She then had five children.
In 1797, when Robert Morris bought the Indian title to all the Indian lands in Western New York, except eleven reservations, she managed to have one of these, the Gardeau Reservation con-
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taining twenty-eight square miles, or seventeen thousand nine hundred and twenty-seven acres, lying on both sides of the Genesee River, set off to her. Upon this tract she and her des- cendants resided until 1816, when she sold all but two square miles on the west side of the river. In 1831, at the age of S8 years, she sold the two square miles and came to make her home on the Buffalo Creek Reservation near Buffalo, where she died September 19th, 1833, aged ninety years. She was buried with Christian rites in the Indian Cemetery, near the Seneca Mission Church or Council House, and over her grave was placed a marble slab with
appropriate inscription. In March, 1874, her remains were dis- interred by Hon. Wm. P. Letchworth, under the immediate super- vision of her descendants, and with other articles found in her grave were placed in a black walnut coffin and deposited in a marble sarcophagus on Glen Iris, at Portage Falls, Livingston County, N. Y., six miles from her former home at Gardeau Reser- vation. Through all her Indian life and travels she retained her knowledge of the English language. She was greatly beloved by by the Indians, and highly respected by the whites who became acquainted with her.
Having been with the Indians all but 12 years of her life and for more than sixty years with the Seneca tribe, she had time and opportunity to learn all that could be learned of their traditions and early life. The traditions of the Senecas as herein given, are from her statements, so we take them as being as nearly correct as anything we will be likely to get from any source.
INDIAN CHARACTER.
The character of the Indian has been given by different writers, as cruel, vindictive, jealous, full of bitter hatred, revengeful and murderous; bitter enemies, never forgetting any injury or insult: on the other hand as true friends, never forgetting a kindness or favor.
The men were lazy, never performing any labor if they could find any way to avoid it, but they would help to build the house, and were always ready to hunt and fish, and ready for a wrestle, foot race, game of ball in summer and drive the snake in winter.
The women cleared the land and raised corn, beans, and other crops for family food. All labor and drudgery was hers to per- form and endure; in fact, she was little, if any better than a slave.
CONFEDERACY NOT DESTROYED.
Mention of some of the events of the war of 1812 has been made because a part of the Buffalo Creek Reservationw as in this
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town, and the Reservation was the home of the Seneca Nation and three of their villages were in the town; that probably some of the Elma Indians were in the Chippewa battle; and to show the strong hold Iroquois law had on all the Indians. This unwritten law has held the members of the different tribes to- gether through all the trying changes of probably more than eight hundred years; and was the strong bond from which they were so slow to break away. In fact, the Senecas would not enter into any treaty or transact any important business without calling a general council of the Great Chiefs of the Iroquois Confederacy. While the results of the Revo- lutionary war had the effect to scatter the tribes which have since been broken into pieces and the parts widely separated; yet the Confederacy is not destroyed, and the clan system exists in all the tribes to this day. In the summer of 1896, a Grand Council was called at Tuscarora Village to elect and install into office a new Tuscarora Chief.
As the Seneca Nation had possession here for nearly two hun- dred years and had three or four villages in this town for sixty-five years, and for more than fifty years were the actual owners of the soil, the history of the town of Elma should have this record of its early inhabitants.
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CHAPTER III.
RIGHTS AND JURISDICTIONS OF NATIONS. INDIVIDUAL RIGHTS BY PURCHASE. ABSTRACT OF TITLE.
? T is a question of first and greatest importance to a person intending to purchase a piece of land to know that the party with whom he negotiates has the right to sell and con- vey. Can he give a perfect title?
Individuals obtain these rights to lands by gifts, by in- heritance and by purchase; and the question of title goes back to first purchaser or owner, and then comes the question, "Of whom did he purchase?" So a thorough search of the records of transfer and a certified statement or abstract showing that the claim of title is perfect, is required. This search often reaches back to state, and even to national rights.
Nations claim rights of sovereignty and jurisdiction over ter- ritories by discovery, by conquest and by purchase; and we must know by what means and when, the nation became possessed of the rights as claimed.
It is proposed in this chapter of the history of the town of Elma, to make a search of the records of claims and rights of sovereignty, jurisdiction and ownership, and thus, to make out such an abstract that the question whether there is, in fact, such a town as Elma; and to show how, when and why, and the authority, if any there shall be, by which the town was originated.
For hundreds of years before this country was discovered it had been the rule and practice among the rulers in the old world for one king to make war against a neighboring or weaker king for the purpose of executing punishment for an actual or pre- tended insult or injury, or to compel the payment of tribute, or for conquest. The right to thus make war was claimed by the con- queror because he had the power to enforce his demand; and it was conceded by the conquered, simply because he had to. It was the old rule: that might makes right.
A new system of extending control over territories was started in 1492, when Columbus upon landing on the western hemisphere, took possession in the name of and for the use of his sovereigns, the King and Queen of Spain.
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France, Holland and England each acknowledged, accepted and adopted this new way of acquiring territory.
Spain in this way, by her navigators, took possession of Florida, Mexico and South America, and claimed the territory extending from the Atlantic to the Pacific, but they never, by settlements, tried to hold on the Atlantic coast north of Georgia.
French explorers by the same rule claimed from Florida to Labrador and from the Atlantic to the Pacific. The French soon relinquished the Atlantic coast south of Nova Scotia and occupied the region of the St. Lawrence, extending their forts and trading posts along the lakes and along the Mississippi River, and claiming all the territory drained by the great lakes and the Mississippi and its branches. These branches embraced western, central and north- ern New York and all west of the Allegany mountains.
HOLLAND.
Henry Hudson, of the Holland service, sailed along the Atlantic coast in 1609, from Virginia to New York Bay and up the Hudson River as far as Albany, claiming east to the Connecticut River and west and north indefinitely.
England, by John Cabot, navigator, in 1498, claimed from Florida to Nova Scotia and from the Atlantic to the Pacific.
All these powers recognized the rights of the resident Indians, and by all grants and charters issued to individuals, companies or corporations, they were compelled to negotiate with the Indians for the privilege to occupy and use the soil.
England tried for many years to establish colonies on her claimed territory and thus to hold possession against the other claimants. To do this, charters were granted to individuals and companies, giving to them the right to settle and occupy the described territory. These charters were given to several colonies along the Atlantic coast, but we shall now generally refer only to those that covered and included western New York, as these grants and charters are a part of the claim of title to our lands. By the foregoing, it will be seen that the Indians, the Dutch, English and French claimed western New York at the same time and we will trace the claim of each.
On September 9th, 1609, Henry Hudson, a Dutch navigator, sailed into New York Bay and thence up the Hudson River as far as Albany and claimed the country for Holland. In 1613 they built a fort on Manhattan Island. In 1621, the Dutch West India Company, having received a charter from the Holland Govern- ment ,took possession and colonized New Amsterdam, [now New York] and also Fort Orange, [now Albany] and claimed all of
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what is the State of New York and east to the Connecticut River.
It is here not necessary to enumerate the troubles that sprung up by other settlements being started on this territory that had not received permission from the Dutch Company, nor to mention their system of grants to owners of lands, as these are fully stated in the histories of the United States.
The Dutch continued in possession and occupancy until August 27, 1664, when an English man of war entered New York Bay, which was followed the first and second day after by three more all under command of Col. Richard Nichols.
On August 30, Col. Nichols demanded of Peter Stuyvesant, Gov. of the colony, the surrender of "all forts, towns or places of strength which are now possessed by the Dutch and also the town on the Island of Manhattan, with all the forts thereunto belonging, "offering to secure to every man, his estate, life and liberty who shall readily submit to this demand.
On September 5th, 1664, Gov. Stuyvesant made the surrender and the State of New York passed from the Dutch. The treaty of Breda, July 31st, 1667, between England, France and Holland, ceded New York and New Jersey to England, and effectually wiped out the Dutch claim to all of New York:
FRANCE.
In 1609, the French entered the State of New York via Lake On- tario and by that act claimed the country. They moved on west even to the Mississippi River and down that river, establishing forts and trading posts; they claimed all the country drained by the Mississippi and its branches and by the Great Lakes which includes western New York. So now we have as claimants here, the French, English and the Indians.
This condition continued for more than one hundred and forty years and war between England and France was declared May 18, 18, 1756. Then followed in this country what is known as the French and Indian war. Result: All the French strongholds, here and in Canada, are captured, and at the treaty of peace at Paris, February 10, 1763, between England, France and Spain; France cedes all her claimed territory east of the Mississippi River to England. This clears western New York of France as a claimant and gives to England all the Atlantic coast north of 31º north latitude and west to the Mississippi River.
ENGLAND.
England based her claim to territory in North America on the discovery by John Cabot in 1498, and by that, claimed the coun-
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try from Florida to Nova Scotia and from the Atlantic to the Pacific; and grants were made by the king to individuals and companies. These grants carried with them certain privileges as to the laws that the colonists were permitted to make.
These grants were often made to overlap or interfere with grants previously made, and so, many times troubles arose be- tween the colonies as to certain rights and jurisdictions.
The first charter granted by King James I. that covered the town of Elma was in 1620, to the Plymouth Company, to embrace all the territory between latitude forty degrees and forty-eight de- grees, and from the Atlantic to the Pacific. At that time, Western New York was claimed by the Dutch and the French, but the Dutch claim was wiped out by the treaty of Breda July 31st, 1667, and the French claim was removed by the treaty at Paris February 10th, 1763. Thus, after one hundred and forty-three years of counter- claims, the charter of 1620 is the authority that will remain.
Another charter, covering most of the territory conveyed in the charter of 1620, was granted to the Duke of York by Charles II in March, 1664. The territory covered by this grant at that time, was in the possession of the Dutch, but the surrender by the Dutch, September 5th, 1664, which was confirmed by the treaty of Breda, July 31st, 1667, made it all right for the Duke of York as to the Dutch. So the contest was between this charter and the charter by James I to the Plymouth Company in 1620. Eng- land's right as a nation to sovereignty and jurisdiction is now undisputed to territory east of the Mississippi river, only so far as the charters would conflict.
In 1683, the Duke of York sends Thomas Dungan as Governor of the New York Colony, with instructions to call an assembly which passed the act entitled, "Charter of Liberties and Privi- leges granted by his Royal Highness to the inhabitants of New York and its dependencies," by which legislative powers were granted to the colony.
The troubles between the Colonies and England from this time to September 5th, 1774, when fifty-three delegates from the twelve colonies-Georgia not present-met in Philadelphia, as the First Continental Congress, are fully set forth in our histories and need not be repeated here. The Convention adjourned October 20th, agree- ing to meet again on May 10th, 1775, if the grievances continued.
The battle of Lexington, April 19th, 1775, was the beginning of the Revolutionary War. The Second Continental Congress met in Philadelphia, May 10th, 1775, John Hancock, president. The delegates resolved to resist further tyranny. June 15th, they voted to raise an army of 20,000 men and elected George Wash- ington as Commander in Chief of all colonial forces.
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DECLARATION OF INDEPENDENCE-REVOLUTIONARY WAR.
June 7th, 1776, Richard Henry Lee introduced a resolution into Congress declaring that " the United Colonies are of right and ought to be free and independent states." June 10th a committee, con- sisting of Thomas Jefferson of Virginia, John Adams of Massa- chusetts, Benjamin Franklin of Pennsylvania, Roger Sherman of Connecticut and Robert Livingston of New York, was chosen to draw up a declaration in harmony with the Lee resolution. The Declaration of Independence was the result and received unanimous support, and on July 4th, 1776, it was signed.
The Revolutionary War followed for nearly eight years and on November 30th, 1782, preliminary articles of peace were signed at Paris by Richard Oswald on the part of Great Britain, and John Adams, Benjamin Franklin, John Jay and Henry Laurons on the part of the United States. April 11th, 1783, Congress proclaimed cessation of hostilities, and on April 15th ratified the preliminary treaty.
On September 23d, 1783, a definite treaty was signed by David Hartley on the part of Great Britain, and Benjamin Franklin John Adams and John Jay on the part of the United States. England conceded the independence of the American States, with bound- ary north by Canada, west by the Mississippi river, south by thirty-one degrees of latitude. This passed all rights claimed by Great Britain to the United States and leaves the thirteen states with their rights and powers.
May 14th, 1787, the Constitutional Convention assembled at Philadelphia. On September 17th, thirty-nine of the fifty-five delegates signed the new Constitution, and it was sent by Congress to the States for their sanction ; in 1787 and 1788, it was adopted by the thirteen states, and became the supreme law of the land.
This Constitution binds the states together and forms and puts before the world a nation with full authority and power of sover- eignty and jurisdiction over all its territory.
ABSTRACT OF TITLE.
Having gone through with the claims of England, France and Holland to rights of sovereignty and jurisdiction, until in 1787, these rights are vested in the United States, being the thirteen states which comprised the Federal Union. An abstract showing how and when each colony, state, company and corporation obtained their rights, and to have this abstract continued until 1842, will present a continuous chain of title and show on what right the claim of
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ownership is now based, and to what transfer of title each person can turn as his authority for present ownership. This, with explan- atory notes, will make up that part of the history of Elma known as Abstract of Title.
England-Claim by discoveries in 1497 and 1498, by John and Se- bastian Cabot. The Atlantic coast from Florida to Nova Scotia, and west to the Pacific Ocean. France-Claim by discovery in 1504, of New Foundland and the Gulf of St. Lawrence, and later occupancy of all territory drained by the Great Lakes, and Mississippi river, and its branches, including western, central and northern New York.
Holland-Claim by discovery 1609, Delaware Bay and Atlantic coast, New York Bay, Hudson River to Albany , east to the Connecticut River, including Long Island, west and north indefinitely.
Holland by State's General to The Dutch West India Co.
Grant in 1621, from straits of Magellan to farthest north, and to take possession of New Netherlands in 1622.
England to The Plymouth Co.
Grant, in 1620, all between 40° and 48° north latitude, and east and west from sea to sea.
The Plymouth Co. To John Endicott et al.
Grant, March 19, 1628. Territory from three miles south of the river Charles, to three miles north from the norther-most part of the river Merrimac, and from the Atlantic to the Pacific.
England by James I. to Endicott Co.
Charter, March 4, 1629, to the Endicott Com- pany as the Governor and Company of Massa- chusetts Bay, in New England; above territory and to constitute a body politic with Governor.
Deputy and eighteen assistants to be elected by the people annually and a General Assembly of Freemen with legislative powers to meet as often as necessary.
Endicott Co. to Massachusetts Bay Colony.
Assign above August, 1629, to the Colonists, thus forming an independent provincial govern- ment, and in October John Winthrop was elected Governor.
England by Charles II. To
Massachusetts Bay Company.
Above charter confirmed, February, 1662, giv- ing liberty of conscience.
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England by Charles II. To James, Duke of York. Dutch W. India Co. To Duke of York by Rich. Nickols Gov.
Charter, in March, 1664, territory to include New Jersey, Long Island, east to the Connecticut river, north and west indefinitely.
Surrender, September 5th, 1664, of all forts, towns, and occupancy of all territory claimed by the Company in New York and Connecticut. Treaty of Breda, July 31st, 1667, cedes all ter- ritory in New York et al.
Holland To England.
Duke of York To Colony of N. Y.
In 1683, the Duke of York sent Thomas Dungan as Royal Governor of New York, with instruc- tion to call an assembly, which, on October 17th, 1683, passed the act entitled "Charte- of Liberties, granted by his Royal Highness to the inhabitants of New York and its de- pendencies," by which act, legislative powers were granted to the Colony with a charter of liberties and toleration to all Christians.
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