USA > New York > Monroe County > Rochester > Settlement in the West : sketches of Rochester with incidental notices of western New-York > Part 11
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After declaring the establishment of peace and friendship between the parties, the United States acknowledged "the lands reserved to the Oneida, Onondaga, and Cayuga na- tions in their respective treaties with the State of New-York ; admitted their reservations to be their property ; and agreed that they (the United States) will never claim the same, nor disturb them, nor either of the Six Nations, nor their Indian friends residing thereon and united with them, in the free use and enjoyment thereof ; but the said reservations shall re- main theirs until they choose to sell the same to the people of the United States, who have the right to purchase."
This treaty recognised the following boundaries of the Seneca nation : Beginning at Lake Ontario, at the north- west corner of the lands they sold to Phelps and Gorham, the line runs westerly along the lake to Johnson's Landing- place on the creek four miles east of Fort Niagara ; then southerly up that creek to its main fork ; then straight to the main fork of Stedman's Creek, which empties into Ni- agara River above Fort Schlosser; and then onward from that point, continuing the same straight course to that river [this line, from the Four-mile Creek to Niagara River, above Fort Schlosser, being the eastern boundary of a strip of land extending from the same line to Niagara River, which the Seneca nation ceded to the King of Great Britain at a treaty hield about thirty years previous by Sir Wm. Johnson] ; then the line runs along the River Niagara to Lake Erie ; then along Lake Erie to the northeast corner of the triangu- lar piece of land which the United States conveyed to the State of Pennsylvania in March, 1792-then due south to the north boundary of that state; then due east to the southwest corner of the land sold by the Seneca nation to Oliver Phelps ; and then north and northerly along Phelps's line to the place of beginning on Lake Ontario. All the ter- 10*
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SKETCHES OF ROCHESTER, ETC.
ritory within these limits was acknowledged as the property of the Senecas, and the United States agreed never to dis- turb that tribe, nor any of the Six Nations or their Indian friends in the occupation thereof.
The United States having thus acknowledged the reser- vations of the Six Nations, the latter agreed never to claim any other lands within the United States, nor to molest the people thereof, &c.
The Senecas (the other tribes concurring) ceded to the United States the right of making a wagon-road from Schlos- ser to Lake Erie at Buffalo Creek, for travelling and trans- portation ; and the Six Nations agreed to allow always to the United States a free passage through their lands, with the free use of the harbours and rivers adjoining and within their respective tracts of land, for the passing and securing of vessels, with liberty to land cargoes where necessary for their safety.
" In consideration of the peace and friendship hereby estab- lished, and of the engagements entered into by the Six Na- tions ; and because the United States desire with humanity and kindness to contribute to their comfortable support, and to render the peace and friendship hereby established strong and perpetual," the United States delivered to the Six Na- tions ten thousand dollars' worth of goods ; and for the same consideration, and with a view to promote the future welfare of the Six Nations and of their Indian friends afore- said, the United States added $3000 to the $1500 pre- viously allowed them by an article dated 23d April, 1792 (which $1500 was to be expended annually in purchasing clothing, domestic animals, and implements of husbandry, and for encouraging useful artificers to reside in their vil- lages), making in the whole $4500, the whole to be expend- ed yearly for ever in purchasing clothing, &c., as just men- tioned, under the direction of the superintendent appointed by the president.
"Lest the firm peace and friendship now established should be interrupted by the misconduct of individuals, the United States and the Six Nations agree that, for injuries done by individuals on either side, no private revenge or retaliation shall take place ; but, instead thereof, complaint shall be made by the party injured to the other, and such prudent measures shall then be pursued as shall be necessary to
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THE LANDS OF THE SIX NATIONS.
preserve our peace and friendship unbroken, until the Legis- lature (or great Council of the United States) shall make other equitable provision for the purpose."
A note to the treaty says-" It is clearly understood by the parties to this treaty, that the annuity stipulated in the sixth article is to be applied to the benefit of such of the Six Nations, and of their Indian friends united with them as aforesaid, as do or shall reside within the boundaries of the United States ; for the United States do not interfere with nations, tribes, or families of Indians elsewhere resi- dent."
An anecdote characteristic of Red Jacket has been men- tioned to us by an old settler. At the conference for the formation of the treaty, Colonel Pickering commenced ma- king memoranda as Red Jacket was speaking. The Indian orator, while depicting the wrongs which the red men had suffered from the encroachments of the whites, paused sud- denly, addressed himself with energetic dignity to Colonel Pickering, and exclaimed -- " Look up from the table, broth- er, and fix your eyes upon my eyes-that you may see that what Saguaha says is the truth, and no lie !"
Notwithstanding the anxiety of the government to propi- tiate the favour of the Six Nations by these treaties, many of the Senecas were found among the western Indians fight- ing against Harmar, St. Clair, and Wayne, and against Har- rison at Tippecanoe as late as 1811. See Appendix.
Seneca Lands-Reservations, &c.
1797. By treaty at Big-tree, on the Genesee, in what was then Ontario county, near the present village of Geneseo, Livingston county (Jeremiah Wadsworth, United States Commissioner, and William Shepherd, agent for Massachu- setts), Robert Morris bought from the Indians the right of soil in the whole country west of Phelps's original purchase, excepting the strip at Niagara River, and excepting also the several reservations now mentioned, viz. : Two square miles at Canawagus, near Avon ; two square miles at Big-tree ; two square miles at Little-beard's town ; two square miles at Squakie Hill; the Gardow Reservation, containing four miles square, and taking as much land on the west as on the east side of the River Genesee, in Castile, Mount Mor- ris, &c. ; the Caneadea Reservation, extending eight miles
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along the river, and two miles broad ; another reservation at Cattaraugus Creek and Lake Erie ; another reservation south side of Cattaraugus Creek (both of which last traets were afterward transferred to the Holland Company, in ex- change for other lands). Also, forty-two square miles at and near Allegany River, where Corn-planter lived ; and two hundred square miles, to be laid off partly at Buffalo and Tonawanta Creeks-the privilege of hunting and fishing in all the ceded lands being reserved to the Senecas.
The Mohawks.
1797. On the 29th of March, 1797, the Mohawks, who mostly fled to Canada during the revolution, by their agents, Capt. Joseph Brant and Capt. John Deserontyon, agreed with the State Commissioners, Abraham Ten Broeck, Eg- bert Benson, and Ezra L'Hommedieu, in presence of Isaac Smith, United States Commissioner, to relinquish all claim to lands in this state for the sum of $1000-the state to pay $600 for expenses of the Mohawk agents in coming and going back to Canada, and conveying the money to their nation, to be distributed according to their usage.
The representations in a memorial presented to the Legis- lature some time previous are worthy of notice for their reference to the former condition of the tribe: In 1786, a petition presented to the Legislature by Johannes Crine, a Mohawk chief, in behalf of himself and others of the Mohawk tribe, represented that the Mohawk Indians, from time imme- morial, have lived at Tiondarogue, since called Fort Hunter, and occupied a tract of land on both sides of the Schoharie Creek, at the junction of said creek with the Mohawk River, containing upward of 3000 acres of upland, intervale, and lowlands ; that considerable improvements had been made by the tribe at the commencement of the revolution-that he alone had three good dwellings, two barns, and an or- chard, besides cattle-but that, while he was imprisoned in Niagara in 1780, Sir John Johnson made a descent in May upon Cochnawaga, destroyed his place, and carried off his family, with other Mohawks, to Canada. That the reason of his imprisonment in Niagara was this : lie went with a flag of truce from Gen. Schuyler to the officer at that post, where he was thrown into confinement along with his com- panions, Abraham, a Mohawk chief, and Petrus and Scan- ando, two Oneida chiefs, &c.
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THE LANDS OF THE SIX NATIONS.
The Oneidas.
1798. On the 1st of June, 1798, by a treaty at the Oneida village (J. Hopkinson, United States Agent, present), there was bought for the uses of New-York a part of the lands reserved to the Oneidas by previous contract with the state -consideration, $500 in hand, and $700 annually. Rati- fied February 21, 1799.
Brothertown Indians.
1801. On the 4th of April, 1801, the tract set apart for the New-England Indians (viz. the Mohegan, Montock, Stonington, and Narraganset Indians, with the Pequots of Groton, and Nahantics of Farmington), was confirmed as their property, but without the power of alienation-the tract to be called Brothertown, and to be deemed part of the town of Paris, Oneida county, for all purposes connected with the execution of the laws.
Rights of the Indians, &c.
1801. A law relative to the Indians, passed on the 4th of April, 1801, provided fine and imprisonment for any one who should attempt to buy or sell in any way any lands belong- ing to the Indian tribes, unless authorized in lawful form : Also, that no action could be maintained against any Stock- bridge, Brothertown, Oneida, Onondaga, or Cayuga In- dians ; and that any one suing on such contracts should pay treble costs to the party aggrieved : Also, that any one who should sell liquors to the Oneida, Stockbridge, or Broth- ertown Indians, within the counties of Oneida and Chenan- go, should be subject to fine and forfeiture ; that pawns taken from Indians within the state for liquor should be re- coverable back with costs of suit by the pawner.
The following annuities were ordered to be paid, in lieu of former stipulations, viz. : $4869,28- for the use of the Onei- das ; $2000 for the Onondagas ; $2300 for the Cayugas. A portion of these sums to be applied, at the discretion of the governor, for the support of schools on the reservations.
Disposal of State Lands.
1801. Commissioners of the Land-Office were appointed on the 24th March, 1801, and directed to make ready for
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sale the unappropriated lands in the "Western District," excepting the reserves of the Oneida, Onondaga, and Cayuga Indians, and the lands purchased from said Indians since the 11th of March, 1793, and all lands heretofore reserved by law for public uses, or for the use of this state, and all lands in the counties of Onondaga and Cayuga. The towns surveyed to be as nearly square as practicable, to contain 64,000 acres each, and the lots to be 160 acres each, num- bered regularly. Four lots to be reserved in each town for promoting schools and literature. Not more than 64,000 acres to be sold by auction at any one time, and at not less than 75 cents per acre.
New-Stockbridge.
1801. By a law of April 4, 1801, the six miles square confirmed to the Stockbridge Indians by the Oneidas at the treaty of Fort Stanwix in 1788, was designated as " New- Stockbridge," and was declared to be the property of the Stockbridge Indians for ever-but without the power of alienation.
Seneca Lands.
1802. On the 30th of June, 1802, by a treaty at Buffalo Creek, in the then County of Ontario, in presence of John Tayler, U. S. Commissioner, Messrs. Oliver Phelps, Isaac Bronson, and Horatio Jones bought of the Seneca tribe the tract called Little-beard's Reservation, bounded east by Genesee River and Little-beard's Creek, on the south and west by other Seneca lands, and north by the Big-tree Reservation. The tract consisted of two square miles, and the sum paid therefor $1200.
On the same day, the Holland Company, by their agent, Joseph Ellicott, agreed as follows with the Seneca tribe : That the two reservations near Cattaraugus Creek and Lake Erie, designated in the agreement with Robert Morris, in 1797, should be exchanged with the Indians for another tract in the same neighbourhood-the Company reserving the right of pre-emption to the exchanged lands.
The Legislature voted $1500 to enable Oliver Phelps, Israel Chapin, and other commissioners to erect a " church and schoolhouse" in each of the Seneca and Tuscarora Reservations.
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THE LANDS OF THE SIX NATIONS.
The Senecas.
1802. The law declared it necessary that a treaty be held with the Seneca nation of Indians to extinguish their claim to lands east of Lake Erie, to enable this state to cede their jurisdiction, or sell to the United States a sufficient space at the eastern extremity of Lake Erie, at a place called Black Rock, as might be sufficient for the establish- ment of a military post. The Governor was therefore au- thorized to hold a treaty with the Seneca nation of Indians, to extinguish their claim to the whole or such part of their lands at the east end of Lake Erie, of one mile wide on Niagara River, " from Buffalo Creek to Stedman's Farm, including Black Rock, with so much land adjoining as should be sufficient for establishing a military post, on such payments and annuities as he should judge most condu- cive to the interest of the state. $5000 appropriated to pay expenses of the treaty, and to make the first payment on the land sought for. It was allowed by the law that a stipulation should be made for securing to Horatio Jones and Jasper Parish two square miles of the narrow strip lying alongside the Niagara, as aforesaid, in case the Senecas should make such provision in favour of those persons. The Governor was authorized to treat with the Oneidas and Onondagas for purchasing their reservations.
Jones and Parish were captured by the Senecas during the revolutionary war -- they resided long among the tribe, and were afterward employed as interpreters by the gov- ernment.
The Oneidas.
1802. An agreement with the Oneidas resulted in se- curing more of their lands for an additional annual payment.
1803. The Oneida nation of Indians, suffering much ow- ing to their corn-crops having been cut off the previous year, besought the Legislature to pay a portion of the annu- ity in advance, to enable them to purchase the necessaries of life.
1804. Arrangements were made for rendering the pro- ceeds of 1000 acres of land, belonging to the New-Stock- bridge Indians, available in their annual products for sup- porting a school on their reservation.
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The Cayugas.
1807. The Cayugas ceded their two reservations on Cayuga Lake, the one two miles square, the other one mile square, for $4800, paid to Jasper Parish for them.
The Oneidas.
1807. The Christian party of the Oneidas ceded "the Canastota 'Tract"-the Indians to be paid a sum equal to six per cent. annually on the valuation of the lands.
1809. A treaty at Albany with the Christian party of the Oneidas provided for the purchase of their reservation, con- sisting of 7500 acres-$600 to be paid down, $1000 soon after, and an annual payment equivalent to six per cent. on the then value of the lands.
1809. The Pagan party likewise sold lands for $1000- and an annuity equal to six per cent. on the value of the lands, after deducting the $1000.
Protection of the Indians.
1812. Persons other than Indians were fordidden, under penalties of fine or imprisonment, to treat, settle, or reside on any of the Indian Reservations within the state.
1813. A penalty of $25 for every tree, with costs of suit, was denounced against those who trespassed by cutting tim- ber on the Indian lands within this state.
The Oneidas.
1813. The Governor was authorized to hold a treaty with " the Oneida nation of Indians, or the Christian and Pagan party thereof," or any other of the Indian nations or tribes within the state, " for the purpose of extinguishing their claim to such part of their lands lying within this state as he may deem proper, for such sums and annuities as might be mutually agreed upon by the parties."
The Pagan party of Oneidas were authorized to retain for their own use and occupation the lot belonging to the state, situate on the southwest side of Oneida Creek, and extend- ing from the mouth of Mud Creek to the division line between the Pagan and Christian parties, so called, containing about 428 acres, until otherwise disposed of by law.
1815. The lands bought at the last treaty with the Chris- tian party of the Oneida Indians (pursuant to the power con- ferred on the governor by the law of April 5, 1813), was
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THE LANDS OF THE SIX NATIONS.
ordered to be surveyed into lots of 160 acres-no occupant or settler, other than Indians, to be allowed for any improve- ments-and no improved land occupied by any Indian to be sold before the occupant should have relinquished his im- provement to the people of the state, if such improvement should be of the value of $20.
Seneca Lands.
1815. The Legislature voted that the land north of and adjoining Black Rock, called the Garrison Lot, bought from the Senecas for the purpose of being ceded to the general government for a military post (vide law of 1802), together with land owned by the state adjoining the village of Lewis- ton, should be sold in small lots-and the surveyor-general was authorized to make such changes in the plans of Black Rock and Lewiston as he might deem advisable, without prejudicing the rights of persons who had already bought lots in those villages.
Relief of Indians.
1817. The Governor having represented to the Legisla- ture that great distress prevailed among the St. Regis, Onei- da, Onondaga, and Seneca Indians, " on account of the de- struction of their corn the last season, and of the general scarcity of other usual means of support," provision was made for advancing such portions of the annuities due those tribes as might be requested by their chiefs for the purpose of procuring the necessaries of life.
Stockbridge, Oneida, S.c.
1817. White persons were forbidden, under any pretext whatever, from receiving from any Indian residing on the lands of the Mohekonnic or Stockbridge Indians, or on the reservation of the Oneida or Brothertown Indians, any pawns or pledges ; and forfeiture of the pledges, as well as fines, were affixed as penalties for violations of the law.
Lands of the Onondagas.
1817. The lands bought " at a late treaty with the Onon- daga Indians" were ordered to be surveyed into lots of 160 acres, and sold, the proceeds to be paid into the treasury.
11
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1818. The law recited that, " whereas, by the treaty with the Onondagas on the 28th July, 1795, it was stipulated that the tribe should receive an annuity of $2000, payable half at Canandaigua and half at Oneida : and whereas the recent removal of the whole tribe to Onondaga renders it necessary that the whole sum should be there paid, in order to a more equitable distribution thereof :" therefore, it was enacted that the whole annuity should be paid to that tribe collected at Onondaga.
Indians of this State in 1819.
1819. A report made in the Legislature, on the condition of the Indians of this state, represented their numbers, extent, and situation as follows :
Reservation at Buffalo,
83,557
Indians. 636
Tonawanta,
46,209
365
Cattaraugus, ·
26,880
389
Allegany River,
30,469
597
5 Reservations on Genesee River,
31,648
456
Oil-Spring Reservation,
640
000
Tuscarora
=
1,920
314
Oneida
20,000
1031
Onondaga
.
7,000
300
Stockbridge
13,000
438
St. Regis
10,000
400
Total,
271,323
4976
The average value of the whole tracts was estimated at $6 per acre, amounting to $1,626,000.
A resolution was adopted after this report, requesting the Governor " to co-operate with the U. S. Government in such measures as may be deemed most advisable, as far as it may be found practicable, to induce the several Indian tribes within the state to concentrate themselves in some suitable situation, under such provisions and subject to such regula- tions as may be judged most effectual to secure them the best means of protection, and instruction in piety and agri- culture, and gradually to extend to them the benefits of civi- lization ; and that he is authorized to take such measures, either with or without the co-operation of the government of the United States."
Acres.
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THE LANDS OF THE SIX NATIONS.
Concluding Arrangements.
Between the last-mentioned date and the present year (1838), the principal intercourse between the Six Nations and the State and National Governments referred to the re- moval westward in 1833 of such portions of the tribes as were disposed to emigrate. Some of these exiles located about Green Bay, others beyond the Mississippi.
Within a few weeks past (February, 1838), arrangements have been made for extinguishing the Indian title to nearly every vestige of the former possessions of the Six Nations within the limits of this state ; and for the removal of the fragments of those tribes to a valuable tract westward of the Mississippi.
The treaty was formed at Buffalo, R. Gillett acting as commissioner on the part of the United States, and Josiah Trowbridge appearing as superintendent in behalf of the State of Massachusetts, to which state, it will be recollected, the pre-emptive right to these Indian lands was ceded by the State of New-York in settlement of former conflicting claims. The improvement of the Reservation near Buffalo will be highly advantageous to that flourishing city. Not having seen an entire copy of the treaty, we copy an abstract of its provisions from the Buffalo Commercial Ad- vertiser, which is in accordance with the versions given by the other daily prints of that city, the Star and the Journal :-
"By virtue of this instrument, the United States Govern- ment gives to said Indians 1,824,000 acres of land west of Missouri, being 320 acres for each person, to be held in fee simple by patent from the President, and never to be inclu- ded in any state. Government also gives them $30,000 for the support of a high school or college ; $20,000 for build- ings and enclosures for the poor, on their arrival at their new homes; and $10,000 a year for five years, to be paid in farming utensils, domestic animals, &c.
" The only cession of land to the government is of the Green Bay Tract, from which is excepted a reservation now occupied by the Oncidas. Those who do not remove to the new country in five years, or such time as the President may appoint, forfeit their right to the country set apart for them. The Senecas, Cayugas, Tuscaroras, and the Onondagas, residing on the Seneca Reservations, agree to remove in five
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years, and a portion of the Oneidas are to do so as soon as the Governor of New-York will purchase their lands.
" Several sums of money are to be paid to several nations and individuals, to remunerate them for losses and services which it is supposed the United States ought to pay.
" A separate treaty has also been made with the Senecas and Tuscaroras, for the purchase of their lands (except one reservation conveyed by the latter to the United States in trust), by the representatives of the State of Massachu- setts, with the assent of a superintendent from that state. The consideration money for the sale of the Seneca Reserva- tion is to be paid to the United States, and be held in trust for the nation. One hundred thousand dollars of which is to be invested for the use of the nation, and the balance ($102,000) is to be distributed among the owners of the im- provements on the reservations. The government agrees to have one of its agents reside among the Indians at their new homes, and to pay them their annuities there. The re- mainder of the other tribes could not make positive engage- ments to remove, until they arranged to dispose of their lands to the state, which owns the fee of them.
" By this treaty the Tuscaroras cede to the Ogden Com- pany, who purchased the pre-emptive right, 1920 acres, to the United States about 5000 acres, of which the Indians owned the fee, and which is to be sold by the United States, and the nett proceeds paid to the Indians.
" The Senecas cede to the pre-emptive owners about 115,000 acres, all lying in the western part of the state- 50,000 of which is the reservation near the City of Buffalo.
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