Legends, Traditions, and Laws of the Iroquois Part 8

"Article 14 The Tuscarora Nation agree to accept the country set apart for them in the Indian Territory, and to remove there within five years, and continue to reside there. It is further agreed that the Tuscaroras shall have their lands in the Indian country, at the forks or the Neasha River, which shall be so laid off as to secure a sufficient quant.i.ty of timber for the accommodation of the nation. But if on examination, they are not satisfied with this location, they are to have their lands at such a place as the President of the United States shall designate. The United States will pay to the Tuscarora Nation, on their settling at the west, three thousand dollars, to be disposed of as the chiefs shall deem most equitable and just.

"Whereas, The said nation owns, in fee simple, five thousand acres of land lying in Niagara county, in the State of New York, which was conveyed to the said nation by Henry Dearborn, and they wish to sell and convey the same before they remove west.

"Now, therefore, in order to have the same done in a legal and proper way, they hereby convey the same to the United States, and to be held in trust for them; and they authorize the President to sell and convey the same, and the money which shall be received for the said lands, exclusive of the improvement, the President shall invest in safe stock for their benefit, the income from which shall be paid to the nation at their new homes annually; and the money which shall be received for improvements on saidlands shall be paid to the owners of the improvements, when the lands are sold. The President shall cause the lands to be surveyed, and the improvements shall be appraised by such persons as the nation shall appoint; and said lands shall also be appraised, and shall not be sold at a less price than the appraisal, without the consent of James Cusick, William Mount Pleasant and William Chew, or the survivor or survivors of them. And the expenses incurred by the United States in relation to this trust are to be deducted from the moneys received before investment. And whereas, at the making of this treaty, Thomas L. Ogden and Joseph Fellows, the a.s.signees of the State of Ma.s.sachusetts, have purchased of the Tuscarora Nation of Indians, in the presence and with the approbation of the commissioner appointed on the part of the United States, to hold a treaty or convention, all the right, t.i.tle, interest, and claim of the Tuscarora Nation to certain lands, by a deed of conveyance, a duplicate of which is hereunto annexed; and whereas, the consideration money for said lands has been secured to the said nation to their satisfaction, by Thomas L. Ogden and Joseph Fellows. Therefore the United States hereby a.s.sent to the said sale and conveyance, and sanction the same.

"Article 15. The United States hereby agree that they will appropriate the sum of four hundred thousand dollars, to be applied from time to time, under the direction of the President of the United States, in such proportions as may be best for the interests of the said Indians, parties to the treaty, for the following purposes to wit: To aid them in removing to their new homes, and supporting themselves the first year after their removal; to encourage and a.s.sist them in education, and in being taught to cultivate their lands, in erecting mills and other necessary houses; in purchasing domestic animals and farming utensils, and acquiring a knowledge of the mechanical arts."

SCHEDULE A.

CENSUS OF THE NEW YORK INDIANS AS TAKEN IN 1837.

Number residing on the Seneca Reservations: Senecas................................... 2,309 Onondagas................................... 194 Cayugas..................................... 130 ----- 2,633 =====

Onondagas at Onondaga..................... 300 Stockbridge............................... 217 Munsees................................... 132 Brothertowns.............................. 360 Oneidas in New York....................... 620 Oneidas at Green Bay...................... 600 St. Regis in New York..................... 350 Tuscaroras................................ 273

The above was made before the execution of the treaty.

R. H. GILLET, Commissioner.

SCHEDULE B.

The following is the disposition agreed to be made of the sum of three thousand dollars provided in the treaty for the Tuscaroras by the chiefs, and a.s.sented to by the Commissioner, and is to form a part of the treaty:

To Jonathan Printess, ninety-three dollars.

To William Chew, one hundred and fifteen dollars.

To John Patterson, forty-six dollars.

To Wm. Mt. Pleasant, one hundred and seventy-one dollars.

To James Cusick, one hundred and twenty-five dollars.

To David Peter, fifty dollars.

The rest and residue thereof is to be paid to the Nation.

The above was agreed to before the execution of the treaty.

R. H. GILLET, Commissioner.

SCHEDULE C.

SCHEDULE APPLICABLE TO THE ONONDAGAS AND CAYUGAS RESIDING ON THE SENECA RESERVATIONS.

It is agreed that the following disposition shall be made of the amount set apart to be divided by the chiefs of those nations in the preceding part of this treaty, anything to the contrary notwithstanding:

To William King, one thousand five hundred dollars.

To Joseph Isaac, seven hundred dollars.

To Jack Wheelbarrow, three hundred dollars.

To William Jacket, five hundred dollars.

To Buton George, five hundred dollars.

The above was agreed to before the treaty was fully executed.

R. H. GILLET, Commissioner.

At a treaty held under the authority of the United States of America at Buffalo Creek, in the county of Erie and the State of New York, between the chiefs and head men of the Seneca Nation of Indians, duly a.s.sembled in council, and representing and acting for the said Nation, on the one part, and Thomas Ludlow Ogden, of the city of New York, and Joseph Fellows, of Geneva, in the county of Ontario, on the other part, concerning the purchase of the right and claims of the said Indians in and to the lands within the State of New York, remaining in their occupation. Ransom H. Gillet, Esq., a commissioner appointed by the President of the United States to attend and hold the said treaty, and also Josiah Trowbridge, Esq., the superintendent on behalf of the Commonwealth of Ma.s.sachusetts, being severally present at the said treaty, the said chiefs and head men, on behalf of the Seneca Nation, did agree to sell and release to the said Thomas Ludlow Ogden and Joseph Fellows, and they, the said Thomas Ludlow Ogden and Joseph Fellows, did agree to purchase all the right, t.i.tle and claim of the said Seneca Nation of, in and to the several tracts, pieces or parcels of land mentioned and described in the instrument of writing next hereinafter set forth, and at the price or sum therein specified, as the consideration or purchase money for such sale and release; which instrument, being read and explained to the said parties and mutually agreed to, was signed and sealed by the said contracting parties, and is in the words following:

This indenture, made this fifteenth day of January, in the year of our Lord one thousand eight hundred and thirty-eight, between the chiefs and head men of the Seneca Nation of Indians, duly a.s.sembled in council, and acting for and on behalf of the said Seneca Nation, of the first part, and Thomas Ludlow Ogden, of the city of New York, and Joseph Fellows, of Geneva, in the county of Ontario, of the second part, witnesseth:

That the said chiefs and head men of the Seneca Nation of Indians, in consideration of the sum of two hundred and two thousand dollars to them in hand paid by the said Thomas Ludlow Ogden and Joseph Fellows, the receipt whereof is hereby acknowledged, have granted, bargained, sold, released and confirmed, and by these presents do grant, bargain, sell, release and confirm unto the said Thomas Ludlow Ogden and Joseph Fellows, and to their heirs and a.s.signs, all that certain tract or parcel of land situate, lying and being in the county of Erie and State of New York, commonly called and known by the name of Buffalo Creek Reservation, containing by estimation forty-nine thousand nine hundred and twenty acres, be the contents thereof more or less. Also all that certain other tract or parcel of land, situate, lying and being in the counties of Erie, Chautauqua and Cattaraugus, in said State, commonly called and known by the name of Cattaraugus Reservation, containing by estimation twenty-one thousand six hundred and eighty acres, be the contents thereof more or less. Also all that certain other tract or parcel of land, situate, lying and being in the said county of Cattaraugus, in said State, commonly called and known by the name of the Alleghany Reservation, containing by estimation thirty thousand four hundred and sixty-nine acres, be the contents more or less. And also all that certain other tract or parcel of land, situate, lying and being partly in said county of Erie and partly in the county of Genesee in said State, commonly called and known by the name of the Tonawanda Reservation, and containing by estimation twelve thousand eight hundred acres, be the same more or less: As the said several tracts of land have been heretofore reserved and are held and occupied by the Seneca Nation of Indians, or by individuals thereof, together with all and singular the rights, privileges, hereditaments and appurtenances to each and every of the said tracts or parcels of land belonging or appertaining; and all the estate, right, t.i.tle, interest, claim and demand of the said party of the first part, and of the said Seneca Nation of Indians, of, in and to the same, and to each and every parcel thereof; to have and to hold all and singular the above described and released premises unto the said Thomas Ludlow Ogden and Joseph Fellows, their heirs and a.s.signs, to their proper use and behalf forever, as joint tenants, and not as tenants in common.

At the before-mentioned treaty, held in my presence, as superintendent on the part of the Commonwealth of Ma.s.sachusetts, and this day concluded, the foregoing instrument of writing was agreed to by the contracting parties therein named, and was in my presence executed by them, and being approved by me, I do hereby certify and declare such my approbation thereof.

Witness my hand and seal, at Buffalo Creek, this 15th day of, January, in the year 1838.

JOSIAH TROWBRIDGE.

I have attended a treaty of the Seneca Nation of Indians, held at Buffalo Creek, in the county of Erie, in the State of New York, on the fifteenth day of January, in the year of our Lord one thousand eight hundred and thirty-eight, when the within instrument was duly executed in my presence, by the chiefs of the Seneca Nation, being fairly and properly understood by them. I do therefore certify and approve the same.

R. H. GILLET, Commissioner.

At a treaty held under and by authority of the United States of America, at Buffalo Creek, in the county of Erie, and State of New York, between the sachems, chiefs and warriors of the Tuscarora Nation of Indians, duly a.s.sembled in council, and representing and voting for the said Nation, on the one part, and Thomas Ludlow Ogden, of the city of New York, and Joseph Fellows, of Geneva, in the county of Ontario, on the other part, concerning the purchase of the rights and claim of the said Indians in and to the lands within the State of New York remaining in their occupation. Ransom H. Gillett, Esq., a commissioner appointed by the President of the United States to attend and hold the said treaty, and also Josiah Trowbridge, Esq., the superintendent on behalf of the Commonwealth of Ma.s.sachusetts, being severally present at the said treaty, the said sachems, chiefs and warriors, on behalf of the said Tuscarora Nation, did agree to sell and release to the said Thomas Ludlow Ogden and Joseph Fellows, and they, the said Thomas Ludlow Ogden and Joseph Fellows, did agree to purchase all the right, t.i.tle and claim of the Tuscarora Nation of, in and to the tract, piece or parcel of land mentioned and described in the instrument of writing next hereafter set forth, and at the price or sum therein specified as the consideration or purchase money for such sale and release; which instrument being read and explained to the said parties, and mutually agreed to, was signed and sealed by the contracting parties, and is in the words following:

This indenture, made this fifteenth day of January, in the year of our Lord one thousand eight hundred and thirty-eight, between the sachems, chiefs and warriors of the Tuscarora Nation of Indians, duly a.s.sembled in council, and acting for and on behalf of the said Tuscarora Nation, of the first part, and Thomas Ludlow Ogden, of the city of New York, and Joseph Fellows, of Geneva, in the county of Ontario, of the second part, witnesseth:

That the said sachems, chiefs and warriors of the Tuscarora Nation, in consideration of the sum of nine thousand six hundred dollars to them in hand paid by the said Thomas Ludlow Ogden and Joseph Fellows, the receipt whereof is hereby acknowledged, have granted, bargained, sold, released and confirmed, and by these presents do grant, bargain, sell, release and confirm to the said Thomas Ludlow Ogden and Joseph Fellows, and to their heirs and a.s.signs, all that tract or parcel of land situated, lying and being in the county of Niagara, and State of New York, commonly called and known by the name of the Tuscarora Reservation, or Seneca grant, containing nineteen hundred and twenty acres, be the same more or less, being thelands in their occupancy, and not included in the land conveyed to them by Henry Dearborn, together with all and singular the rights, privileges, hereditaments and appurtenances to the said tract or parcel of land belonging or appertaining, and all the estate, right, t.i.tle, interest, claim and demand of the said party of the first part, and of the said Tuscarora Nation of Indians of, in and to the same, and to every part and parcel thereof; to have and to hold all and singular the above described and released premises unto the said Thomas Ludlow Ogden and Joseph Fellows, and their heirs and a.s.signs, to their proper use and behalf forever, as joint tenants and not as tenants in common.

At the above-mentioned treaty, held in my presence as superintendent on the part of the Commonwealth of Ma.s.sachusetts and this day concluded, the foregoing instrument was agreed to by the contracting parties therein named, and was in my presence executed by them; and being approved by me, I do hereby certify and declare such my approbation thereof.

Witness my hand and seal at Buffalo Creek, this 15th day of January, in the year 1838,

J. TROWBRIDGE, Superintendent.

I have attended a treaty of the Tuscarora Nation of Indians, held at Buffalo Creek, in the county of Erie, in the State of New York, on the fifteenth day of January, in the year of our Lord one thousand eight hundred and thirty-eight, when the within instrument was duly executed in my presence by the sachems, chiefs and warriors of the said nation, being fairly and properly understood and transacted by all the parties of Indians concerned, and declared to be done to their full satisfaction. I do therefore certify and approve the same.

R. H. GILLET, Commissioner.

SUPPLEMENTAL ARTICLE TO THE TREATY CONCLUDED AT BUFFALO CREEK, IN THE STATE OF NEW YORK, ON THE 15TH DAY OF JANUARY, 1838, CONCLUDED BETWEEN RANSOM H. GILLET, COMMISSIONER, ON THE PART OF THE UNITED STATES, AND CHIEFS AND HEAD MEN OF THE ST. REGIS INDIANS, CONCLUDED ON THE 13TH OF FEBRUARY, 1838.

The undersigned, chiefs and head men of the St. Regis Indians, residing in the State of New York, having heard a copy of said treaty read by Ransom H. Gillet, the commissioner who concluded that treaty on the part of the United States, and be having fully and publicly explained the same, and believing the conditions of the said treaty to be very liberal on the part of the United States, and calculated to be highly beneficial to the New York Indians, including the St. Regis, who are embraced in its provision, do hereby a.s.sent to every part of the said treaty, and approve the same. And it is further agreed that any of the St. Regis Indians who wish to do so shall be at liberty to remove to the said country at any time hereafter within the time specified in this treaty, but under it the Government shall not compel them to remove.

The United States will, within one year after the ratification of this treaty, pay over to the American party of said Indians one thousand dollars, part of the sum of five thousand dollars mentioned in the special provisions for the St. Regis Indians, anything in the article contained to the contrary, notwithstanding.