Treaty with New York Indians
January 15, 1838
Articles of a treaty made and concluded at Buffalo Creek
in the State of New York, the fifteenth day of January in
the year of our Lord one thousand eight hundred and thirty-eight,
by Ransom H. Gillet, a commissioner on the part of the United
States, and the chiefs, head men and warriors of the several
tribes of New York Indians assembled in council witnesseth:
WHEREAS, the six nations of New York Indians not long after
the close of the war of the Revolution, became convinced from
the rapid increase of the white settlements around, that the
time was not far distant when their true interest must lead
them to seek a new home among their red brethren in the West:
And whereas this subject was agitated in a general council
of the Six nations as early as 1810, and resulted in sending
a memorial to the President of the United States, inquiring
whether the Government would consent to their leaving their
habitations and their removing into the neighborhood of their
western brethren, and if they could procure a home there,
by gift or purchase, whether the Government would acknowledge
their title to the lands so obtained in the same manner it
had acknowledged it in those from whom they might receive
it; and further, whether the existing treaties would, in such
a case remain in full force, and their annuities be paid as
heretofore: And whereas, with the approbation of the President
of the United States, purchases were made by the New York
Indians from the Menomonie and Winnebago Indians of certain
lands at Green Bay in the Territory of Wisconsin, which after
much difficulty and contention with those Indians concerning
the extent of that purchase, the whole subject was finally
settled by a treaty between the United States and the Menomonie
Indians, concluded in February, 1831, to which the New York
Indians gave their assent on the seventeenth day of October
1832: And whereas, by the provisions of that treaty, five
hundred thousand acres of land are secured to the New York
Indians of the Six Nations and the St. Regis tribe, as a future
home, on condition that they all remove to the same, within
three years, or such reasonable time as the President should
prescribe: And whereas, the President is satisfied that various
considerations have prevented those still residing in New
York from removing to Green Bay, and among other reasons,
that many who were in favour of emigration, preferred to remove
at once to the Indian territory, which they were fully persuaded
was the only permanent and peaceful home for all the Indians.
And they therefore applied to the President to take their
Green Bay lands, and provide them a new home among their brethren
in the Indian territory. And whereas, the President being
anxious to promote the peace, prosperity and happiness of
his red children, and being determined to carry out the humane
policy of the Government in removing the Indians from the
east to the west of the Mississippi, within the Indian territory,
by bringing them to see and feel, by his justice and liberality,
that it is their true policy and for their interest to do
so without delay.
Therefore, taking into consideration the foregoing premises,
the following articles of a treaty are entered into between
the United States of America and the several tribes of the
New York Indians, the names of whose chiefs, head men and
warriors are hereto subscribed, and those who may hereafter
give their assent to this treaty in writing, within such time
as the President shall appoint.
GENERAL PROVISIONS.
Article 1.
The several tribes of New York Indians, the names of whose
chiefs, head men, warriors and representatives are hereunto
annexed, in consideration of the premises above recited, and
the covenants hereinafter contained, to be performed on the
part of the United States, hereby cede and relinquish to the
United States all their right, title and interest to the lands
secured to them at Green Bay by the Menomonie treaty of 1831,
excepting the following tract, on which a part of the New
York Indians now reside: beginning at the southwesterly corner
of the French grants at Green Bay, and running thence southwardly
to a point on a line to be run from the Little Cocaclin, parallel
to a line of the French grants and six miles from Fox River;
from thence on said parallel line, northwardly six miles;
from thence eastwardly to a point on the northeast line of
the Indian lands, and being at right angles to the same.
Article 2.
In consideration of the above cession and relinquishment,
on the part of the tribes of the New York Indians, and in
order to manifest the deep interest of the United States in
the future peace and prosperity of the New York Indians, the
United States agree to set apart the following tract of country,
situated directly west of the State of Missouri, as a permanent
home for all the New York Indians, now residing in the State
of New York, or in Wisconsin, or elsewhere in the United States,
who have no permanent homes, which said country is described
as follows, to wit: Beginning on the west line of the State
of Missouri, at the northeast corner of the Cherokee tract,
and running thence north along the west line of the State
of Missouri twenty-seven miles to the southerly line of the
Miami lands; thence west so far as shall be necessary, by
running a line at right angles, and parallel to the west line
aforesaid, to the Osage lands, and thence easterly along the
Osage and Cherokee lands to the place of beginning to include
one million eight hundred and twenty-four thousand acres of
land, being three hundred and twenty acres for each soul of
said Indians as their numbers are at present computed. To
have and to hold the same in fee simple to the said tribes
or nations of Indians, by patent from the President of the
United States, issued in conformity with the provisions of
the third section of the act, entitled "An act to provide
for an exchange of lands, with the Indians residing in any
of the States or Territories, and for their removal west of
the Mississippi," approved on the 28th day of May, 1830,
with full power and authority in the said Indians to divide
said lands among the different tribes, nations, or bands,
in severalty, with the right to sell and convey to and from
each other, under such laws and regulations as may be adopted
by the respective tribes, acting by themselves, or by a general
council of the said New York Indians, acting for all the tribes
collectively. It is understood and agreed that the above described
country is intended as a future home for the following tribes,
to wit: The Senecas, Onondagas, Cayugas, Tuscaroras, Oneidas,
St. Regis, Stockbridges, Munsees, and Brothertowns residing
in the State of New York, and the same is to be divided equally
among them, according to their respective numbers, as mentioned
in a schedule hereunto annexed.
Article 3.
It is further agreed that such of the tribes of the New York
Indians as do not accept and agree to remove to the country
set apart for their new homes within five years, or such other
time as the President may, from time to time, appoint, shall
forfeit all interest in the lands so set apart, to the United
States.
Article 4.
Perpetual peace and friendship shall exist between the United
States and the New York Indians; and the United States hereby
guaranty to protect and defend them in the peaceable possession
and enjoyment of their new homes, and hereby secure to them,
in said country, the right to establish their own form of
government, appoint their own officers, and administer their
own laws; subject, however, to the legislation of the Congress
of the United States, regulating trade and intercourse with
the Indians. The lands secured to them by patent under this
treaty shall never be included in any State or Territory of
this Union. The said Indians shall also be entitled, in all
respects, to the same political and civil rights and privileges,
that are granted and secured by the United States to any of
the several tribes of emigrant Indians settled in the Indian
Territory.
Article 5.
The Oneidas are to have their lands in the Indian Territory,
in the tract set apart for the New York Indians, adjoining
the Osage tract, and that hereinafter set apart for the Senecas;
and the same shall be so laid off as to secure them a sufficient
quantity of timber for their use. Those tribes, whose lands
are not specially designated in this treaty, are to have such
as shall be set apart by the President.
Article 6.
It is further agreed that the United States will pay to those
who remove west, at their new homes, all such annuities, as
shall properly belong to them. The schedules hereunto annexed
shall be deemed and taken as a part of this treaty.
Article 7.
It is expressly understood and agreed, that this treaty must
be approved by the President and ratified and confirmed by
the Senate of the United States, before it shall be binding
upon the parties to it. It is further expressly understood
and agreed that the rejection, by the President and Senate,
of the provisions thereof, applicable to one tribe, or distinct
branch of a tribe, shall not be construed to invalidate as
to others, but as to them it shall be binding, and remain
in full force and effect.
Article 8.
It is stipulated and agreed that the accounts of the Commissioner,
and expenses incurred by him in holding a council with the
New York Indians, and concluding treaties at Green Bay and
Duck Creek, in Wisconsin, and in the State of New York, in
1836, and those for the exploring party of the New York Indians,
in 1837, and also the expenses of the present treaty, shall
be allowed and settled according to former precedents.
SPECIAL PROVISIONS FOR THE ST. REGIS.
Article 9.
It is agreed with the American party of the St. Regis Indians,
that the United States will pay to the said tribe, on their
removal west, or at such time as the President shall appoint,
the sum of five thousand dollars, as a remuneration for monies
laid out by the said tribe, and for services rendered by their
chiefs and agents in securing the title to the Green Bay lands,
and in removal to the same, the same to be aportioned out
to the several claimants by the chiefs of the said party and
a United States' Commissioner, as may be deemed by them
equitable and just. It is further agreed, that the following
reservation of land shall be made to the Rev. Eleazor Williams,
of said tribe, which he claims in his own right, and in that
of his wife, which he is to hold in fee simple, by patent
from the President, with full power and authority to sell
and dispose of the same, to wit: beginning at a point in the
west bank of Fox River thirteen chains above the old milldam
at the rapids of the Little Kockalin; thence north fifty-two
degrees and thirty minutes west, two hundred and forty chains;
thence north thirty-seven degrees and thirty minutes east,
two hundred chains, thence south fifty-two degrees and thirty
minutes east, two hundred and forty chains to the bank of
Fox river; thence up along the bank of Fox river to the place
of beginning.
SPECIAL PROVISIONS FOR THE SENECAS.
Article 10.
It is agreed with the Senecas that they shall have for themselves
and their friends, the Cayugas and Onondagas, residing among
them, the easterly part of the tract set apart for the New
York Indians, and to extend so far west, as to include one
half-section (three hundred and twenty acres) of land for
each soul of the Senecas, Cayugas and Onandagas, residing
among them; and if, on removing west, they find there is not
sufficient timber on this tract for their use, then the President
shall add thereto timber land sufficient for their accommodation,
and they agree to remove; to remove from the State of New
York to their new homes within five years, and to continue
to reside there. And whereas at the making of this treaty,
Thomas L. Ogden and Joseph Fellows the assignees of the State
of Massachusetts, have purchased of the Seneca nation of Indians,
in the presence and with the approbation of the United States
Commissioner, appointed by the United States to hold said
treaty, or convention, all the right, title, interest, and
claim of the said Seneca nation, to certain lands, by a deed
of conveyance a duplicate of which is hereunto annexed; and
whereas the consideration money mentioned in said deed, amounting
to two hundred and two thousand dollars, belongs to the Seneca
nation, and the said nation agrees that the said sum of money
shall be paid to the United States, and the United States
agree to receive the same, to be disposed of as follows: the
sum of one hundred thousand dollars is to be invested by the
President of the United States in safe stocks, for their use,
the income of which is to be paid to them at their new homes,
annually, and the balance, being the sum of one hundred and
two thousand dollars, is to be paid to the owners of the improvements
on the lands so deeded, according to an appraisement of said
improvements and a distribution and award of said sum of money
among the owners of said improvements, to be made by appraisers,
hereafter to be appointed by the Seneca nation, in the presence
of a United States Commissioner, hereafter to be appointed,
to be paid by the United States to the individuals who are
entitled to the same, according to said apprisal and award,
on their severally relinquishing their respective possessions
to the said Ogden and Fellows.
SPECIAL PROVISIONS FOR THE CAYUGAS.
Article 11.
The United States will set apart for the Cayugas, on their
removing to their new homes at the west, two thousand dollars,
and will invest the same in some safe stocks, the income of
which shall be paid them annually, at their new homes. The
United States further agree to pay to the said nation, on
their removal west, two thousand five hundred dollars, to
be disposed as the chiefs shall deem just and equitable.
SPECIAL PROVISIONS FOR THE ONONDAGAS RESIDING
ON THE SENECA RESERVATIONS.
Article 12.
The United States agree to set apart for the Onondagas, residing
on the Seneca reservations, two thousand five hundred dollars,
on their removing west, and to invest the same in safe stocks,
the income of which shall be paid to them annually at their
new homes. And the United States further agree to pay to the
said Onondagas, on their removal to their new homes in the
west, two thousand dollars, to be disposed of as the chiefs
shall deem equitable and just.
SPECIAL PROVISIONS FOR THE ONEIDAS RESIDING
IN THE STATE OF NEW YORK.
Article 13.
The United States will pay the sum of four thousand dollars,
to be paid to Baptista Powlis, and the chiefs of the first
Christian party residing at Oneida, and the sum of two thousand
dollars shall be paid to William Day, and the chiefs of the
Orchard party residing there, for expenses incurred and services
rendered in securing the Green Bay country, and the settlement
of a portion thereof; and they hereby agree to remove to their
new homes in the Indian territory, as soon as they can make
satisfactory arrangements with the Governor of the State of
New York for the purchase of their lands at Oneida.
SPECIAL PROVISIONS FOR THE TUSCARORAS.
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 of the Neasha river, which shall be so laid off
as to secure a sufficient quantity 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 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 improvements, the President
shall invest in safe stocks 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 said lands shall be paid to the owners of the improvements
when the lands are sold. The President shall cause the said
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
Mountpleasant and William Chew, or the survivor, or survivor
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 assignees of the State of Massachusetts,
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 said treaty or convention,
all the right, title, 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 assent 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 most for the
interest of the said Indians, parties to this treaty, for
the following purposes, to wit: To aid them in removing to
their homes, and supporting themselves the first year after
their removal; to encourage and assist 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 mechanic
arts.
In testimony whereof, the commissioner and the chiefs, head
men, and people, whose names are hereto annexed, being duly
authorized, have hereunto set their hands, and affixed their
respective seals, at the time and place above mentioned.
- R. H. Gillet, Commissioner.
Senecas:
- Dao-nepho-gah, or Little Johnson,
- Da-ga-o-geas, or Daniel Twoguns,
- Gee-odow-neh, or Captain Pollard,
- Joh-nes-ha-dih, or James Stevenson,
- Hure-hau-stock, or Captain Strong,
- So-ne-a-ge, or Captain Snow,
- Hau-neh-hoy's-oh, or Blue Eyes,
- Haw-naw-wah-es, or Levi Halftown,
- Goat-hau-oh, or Billy Shanks,
- Hau-sa-nea-nes, or White Seneca,
- Howah-do-goh-deh, or George Bennet,
- Hays-tah-jih, or Job Pierce,
- Sho-nan-do-wah, or John Gordon,
- Noh-sok-dah, or Jim Jonas,
- Shaw-neh-dik, or William Johnson,
- Gaw-neh-do-au-ok, or Reuben Pierce,
- Shaw-go-nes-goh-sha-oh, or Morris Halftown,
- Shaw-go-za-sot-hoh, or Jacob Jameson,
- Gua-wa-no-oh, or George Big Deer,
- Joh-que-ya-suse, or Samuel Gordon,
- Gua-ne-oh-doh, or Thompson S. Harris,
- Gau-geh-queh-doh, or George Jimeson,
- Hon-non-de-uh, or Nathaniel T. Strong,
- Nuh-joh-gau-eh, or Tall Peter,
- Sho-nauk-ga-nes, or Tommy Jimmy,
- So-joh-gwa-us, or John Tall Chief,
- Shau-gau-nes-es-tip, or George Fox,
- Go-na-daw-goyh, or Jabez Stevenson,
- Tit-ho-yuh, or William Jones,
- Juneah-dah-glence, or George White, by his agent White Seneca,
- Gau-nu-su-goh, or Walter Thompson, by his agent Daniel Twoguns,
- Dau-ga-se, or Long John,
- Gua-sa-we-dah, or John Bark,
- Gau-ni-dough, or George Lindsay,
- Ho-ma-ga-was, or Jacob Bennet,
- On-di-heh-oh, or John Bennet,
- Nis-ha-nea-nent, or Seneca White,
- Ha-dya-no-doh, or Maris Pierce,
- Yoh-dih-doh, or David White,
- James Shongo,
- Ka-non-da-gyh, or William Cass,
- Ni-ge-jos-a, or Samuel Wilson,
- Jo-on-da-goh, or John Seneca.
Tuscaroras:
- Ka-nat-soyh, or Nicholas Cusick,
- Sacharissa, or William Chew,
- Kaw-we-ah-ka, or William Mt. Pleasant,
- Kaw-re-a-rock-ka, or John Fox,
- Gee-me, or James Cusick,
- Ju-hu-ru-at-kak, or John Patterson,
- O-tah-guaw-naw-wa, or Samuel Jacobs,
- Ka-noh-sa-ta, or James Anthony,
- Gou-ro-quan, or Peter Elm,
- Tu-nak-she-a-han, or Daniel Peter.
Oneidas residing in the State of New-York, for themselves and their parties:
- Baptiste Powlis,
- Jonathan Jordan.
Oneidas at Green Bay:
- John Anthony,
- Honjoit Smith,
- Henry Jordan,
- Thomas King.
St. Regis:
- Eleazer Williams, chief and agent.
Oneidas residing on the Seneca Reservation:
- Hon-no-ne-ga-doh, or Silversmith, (For himself and in behalf of his nation.)
- Hoge-wayhtah, or William Jacket,
- Sah-hu-gae-ne, or Button George.
Principal Onondaga Warriors, in behalf of themselves and the Onondaga Warriors:
- Ka-noh-qua-sa, or William John,
- Dah-gu-o-a-dah, or Noah Silversmith.
Cayugas:
- Skok-no-eh, or King William,
- Geh-da-or-loh, or James Young,
- Gay-on-wek, or Jack Wheelbarrow,
- D'yo-ya-tek, or Joseph Isaac, For themselves and in behalf of the nation.
Principal Cayuga Warriors, in behalf of themselves and the Cayuga Warriors:
- Hah-oh-u, or John Crow,
- Ho-na-e-geh-dah, or Snow Darkness,
- Gone-ah-ga-u-do, or Jacob G. Seneca,
- Di-i-en-use, or Ghastly Darkness,
- Hon-ho-gah-dyok, or Thomas Crow,
- Wau-wah-wa-na-onk, or Peter Wilson,
- So-en-dagh, or Jonathan White,
- Sago-gan-e-on-gwus, or Harvey Rowe,
- To-ga-ne-ah-doh, or David Crow,
- Soh-win-dah-neh, or George Wheeler,
- Do-goh-no-do-nis, or Simon Isaac,
- He-dai-ses, or Joseph Peter,
- Sa-go-di-get-ka, or Jacob Jackson.
Witnesses:
- James Stryker, Sub-agent, Six Nations, New York Indians.
- Nathaniel T. Strong, United States' Interpreter, New York agency.
- H. B. Potter.
- Orlando Allen.
- H. P. Wilcox.
- Charles H. Allen.
- Horatio Jones.
- Spencer H. Cone.
- W. W. Jones.
- J. F. Schermerhorn.
- Josiah Trowbridge.
(To the Indian names are subjoined a mark and seal.)
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
- Onondagas, at Onondaga 300
- Tuscaroras 273
- St. Regis, in New York 350
- Oneidas, at Green Bay 600
- Oneidas, in New York 620
- Stockbridges 217
- Munsees 132
- Brothertowns 360
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 this treaty for
the Tuscaroras, by the chiefs, and assented 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 William Mountpleasant, 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 parts of
this treaty, any thing therein to the contrary notwithstanding.
To William King, one thousand five hundred dollars.
Joseph Isaacs, seven hundred dollars.
Jack Wheelbarrow, three hundred dollars.
Silversmith, one thousand dollars.
William Jacket, five hundred dollars.
Buton George, five hundred dollars.
The above was agreed to before the treaty was finally executed.
- R. H. Gillet, Commissioner. Jan. 15, 1838.
At a treaty held under the authority of the United States
of America, at Buffalo Creek in the county of Erie, and State
of New York, between the chiefs and head men of the Seneca
nation of Indians, duly assembled 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 claim of the said Indians in
and to the lands within the State of New York remaining in
their occupation: Ransom H. Gillet, Esquire, a commissioner
appointed by the President of the United States to attend
and hold the said treaty, and also Josiah Trowbridge, Esquire,
the superintendent on behalf of the Commonwealth of Massachusetts,
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, title 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 assembled 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 assigns, 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,
Chatauque, 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 Allegany 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
Tonawando 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 said 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, title, 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 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,
their heirs and assigns, to their proper use and behoof for
ever, as joint tenants, and not as tenants in common.
In witness whereof, the parties to these presents have hereunto
and to three other instruments of the same tenor and date
one to remain with the United States, one to remain with the
State of Massachusetts, one to remain with the Seneca nation
of Indians, and one to remain with the said Thomas Ludlow
Ogden and Joseph Fellows, interchangeably set their hands
and seals the day and year first above written.
- Little Johnson,
- Daniel Two Guns,
- Captain Pollard,
- James Stevenson,
- Captain Strong,
- Captain Snow,
- Blue Eyes,
- Levi Halftown,
- Billy Shanks,
- White Seneca,
- George Bennet,
- John Pierce,
- John Gordon,
- Jim Jonas,
- William Johnson,
- Reuben Pierce,
- Morris Halftown,
- Jacob Jimeson,
- Samuel Gordon,
- Thompson S. Harris,
- George Jemison,
- Nathaniel T. Strong,
- Tall Peter,
- Tommy Jimmy,
- John Tall Chief,
- George Fox,
- Jabez Stevenson,
- William Jones.
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. Jan. 15, 1838.
At a treaty held under and by the 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 assembled 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 claim of the said
nation of Indians in and to the lands within the State of
New York, remaining in their occupation: Ransom H. Gillet,
Esquire, a commissioner appointed by the President of the
United States to attend and hold the said treaty, and also
Josiah Trowbridge, Esquire, the superintendent on behalf of
the Commonwealth of Massachusetts, 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, title and claim of the
said Tuscarora nation of, in and to the tract, piece, or parcel
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 sachems, chiefs, and warriors of the Tuscarora
nation of Indians, duly assembled 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 assigns, all that tract or
parcel of land situate, 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
the lands in their occupancy, and not included in the land
conveyed to them by Henry Dearborn, together with all and
singular the rights, the rights, privileges, heraditaments,
and appurtenances to the said tract or parcel of land belonging,
or appertaining, and all the estate, right, title, 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 assigns, to their proper use and behoof for
ever, as joint tenants and not as tenants in common.
In witness whereof, the parties to these presents have hereunto
and to three other instruments of the same tenor and date,
one to remain with the United States, one to remain with the
State of Massachusetts, one to remain with the Tuscarora nation
of Indians and one to remain with the said Thomas Ludlow Ogden
and Joseph Fellows, interchangeably set their hands and seals,
the day and year first above written.
- Nicholas Cusick,
- William Chew,
- William Mountpleasant,
- John Fox,
- James Cusick,
- John Patterson,
- Samuel Jacobs,
- James Anthony,
- Peter Elm,
- Daniel Peter.
Sealed and delivered in presence of -
- James Stryker.
- R. H. Gillet.
- Charles H. Allen.
- J. F. Schermerhorn.
- Nathaniel T. Strong, U. S. interpreter.
- H. B. Potter.
- Orlando Allen.
(To the Indian names are subjoined a mark and seal.)
At the abovementioned treaty, held in my presence, as superintendent
on the part of the Commonwealth of Massachusetts, 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. Feb. 13, 1838.
7 Stat., 561.
Supplemented article to the treaty concluded at Buffalo Creek,
in the State of New York, on the 15th 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 day of February 1838.
Supplemental article to the treaty concluded at Buffalo Creek
in the State of New York, dated January 15 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 that part of the United States, and he having
fully and publicly explained the same, and believing the provisions
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
provisions do hereby assent 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, any thing in the article
contained to the contrary notwithstanding.
Done at the council house at St. Regis, this thirteenth day
of February in the year of our Lord one thousand eight hundred
and thirty-eight. Witness our hands and seals.
- R. H. Gillet, Commissioner.
-
- Lover-taie-enve,
- Louis-taio-rorio-te,
- Michael Gaveault,
- Lose-sori-sosane,
- Louis-tioonsate,
- Jok-ta-nen-shi-sa,
- Ermoise-gana-saien-to,
- Tomos-tataste,
- Tier-te-gonotas-en,
- Tier-sokoia-ni-saks,
- Sa-satis-otsi-tsia-ta-gen,
- Tier-sgane-kor-hapse-e,
- Ennios-anas-ota-ka,
- Louis-te-ganota-to-ro,
- Wise-atia-taronne,
- Tomas-outa-gosa,
- Sose-te-gaomsshke,
- Louis-orisake-wha,
- Sosatis-atis-tsiaks,
- Tier-anasaken-rat,
- Louis-tar-oria-keshon,
- Jasen-karato-on.
The foregoing was executed in our presence -
- A. K. Williams, Agent on the part of New York for St. Regis Indians.
- W. L. Gray, Interpreter.
- Owen C. Donnelly.
- Say Saree.
(To the Indian names are subjoined a mark and seal.)
We the undersigned chiefs of the Seneca tribe of New York
Indians, residing in the State of New York, do hereby give
our free and voluntary assent to the foregoing treaty as amended
by the resolution of the Senate of the United States on the
eleventh day of June 1838, and to our contract therewith,
the same having been submitted to us by Ransom H. Gillet,
a Commissioner on the part of the United States, and fully
and fairly explained by him, to our said tribe, in council
assembled.
Dated Buffalo Creek September 28 1838.
- Captain Pollard,
- Captain Strong,
- White Seneca,
- Blue Eyes,
- George Bennett,
- Job Pierce,
- Tommy Jimmy,
- William Johnson,
- Reuben Pierce,
- Morris Halftown,
- Levi Halftown,
- George Big Deer,
- Jim Jonas,
- George Jimeson,
- Thomas Jimeson,
- George Fox,
- N. T. Strong,
- Thompson S. Harris,
- Samuel Gordon,
- Jacob Jimeson,
- John Gordon,
- Tall Peter,
- Billy Shanks,
- James Stevenson,
- Walter Thompson,
- John Bennett,
- John Seneca,
- John General,
- Major Jack Berry,
- John Tall Chief,
- Jabez Stevenson.
(To the Indian names are subjoined marks.)
The above signatures were freely and voluntarily given after
the treaty and amendments had been fully and fairly explained
in open council.
- R. H. Gillet, Commissioner.
Witness:
- H. A. S. Dearborn, Superintendent of Massachusetts.
- James Stryker, U. S. Agent.
- Little Johnson,
- Samuel Wilson,
- John Buck,
- William Cass,
- Long John,
- Sky Carrier,
- Charles Greybeard,
- John Hutchinson,
- Charles F. Pierce,
- John Snow.
(To the Indian names are subjoined marks.)
These ten chiefs signed in my presence except the last John
Snow.
- H. A. S. Dearborn, Superintendent of Massachusetts.
Signed in presence of -
- Nathl. T. Strong, U. S. Interpreter.
- James Stryker, U. S. Agent.
- George Kenququide, by his attorneys.
- N. T. Strong.
- White Seneca.
The signature of George Kenququide was added by his attorneys
in our presence.
- R. H. Gillet,
- James Stryker.
18th January 1839.
We the undersigned chiefs of the Oneida tribe of New York
Indians do hereby give our free and voluntary assent to the
foregoing treaty as amended by the resolution of the Senate
of the United States on the eleventh day of June 1838, the
same having been submitted to us by Ransom H. Gillet, a commissioner
on the part of the United States and fully and fairly explained
by him to our said tribe in council assembled.
Dated August 9th 1838 at the Oneida Council House.
Executed in the presence of -
First Christian Party:
- Baptista Powlis,
- Anthony Big Knife,
- Peter Williams,
- Jacob Powlis,
- Anthony Anthony,
- Peter Martin,
- Cornelius Summer,
- Isaac Wheelock,
- Thomas Doxtater,
- William Hill,
- Baptiste Denny.
- Orchard Party:
- Jonathan Jordon,
- Thomas Scanado,
- Henry Jordon,
- William Day.
Second Christian Party:
- Abraham Denny,
- Adam Thompson,
- Peter Elm,
- Lewis Denny,
- Martin Denny.
(To the Indian names are subjoined marks.)
The above assent was voluntarily freely and fairly given
in my presence, after being fully and fairly explained by
me.
- R. H. Gillet, Commissioner.
We the undersigned sachems chiefs and head men of the Tuscarora
nation of Indians residing in the State of New York, do hereby
give our free and voluntary assent to the foregoing treaty
as amended by the resolution of the Senate of the United States
on the eleventh day of June 1838, and to our contract connected
therewith, the same having been submitted to us by Ransom
H. Gillet, a commissioner on the part of the United States,
and fully and fairly explained by him to our said tribe in
council assembled.
Dated August 14th, 1838.
- Nicholas Cusick,
- William Chew,
- William Mountpleasant,
- John Patterson,
- Matthew Jack,
- George L. Printup,
- James Cusick,
- Jonathan Printup,
- Mark Jack,
- Samuel Jacobs.
Executed in presence of -
- J. S. Buckingham,
- D. Judson,
- Leceister S. Buckingham,
- Orlando Allen.
(To the Indian names are subjoined marks.)
The above assent was freely and voluntarily given after being
fully and fairly explained by me.
- R. H. Gillet, Commissioner.
We the undersigned chiefs and head men of the tribe of Cayuga
Indians residing in the State of New York do hereby give our
free and voluntary assent to the foregoing treaty as amended
by the resolution of the Senate of the United States on the
eleventh day of June 1838, the same having been submitted
to us by Ransom H. Gillet, a commissioner on the part of the
United States, and fully and fairly explained by him to our
said tribe in council assembled.
Dated August 30th 1838.
- Thomas Crow,
- John Crow,
- Ghastly Darkness,
- Jacob G. Seneca.
Executed in presence of -
(To the Indian names are subjoined marks.)
The above four signatures were freely given in our presence.
- R. H. Gillet, Commissioner.
- H. A. S. Dearborn, Superintendent of Massachusetts.
We the undersigned sachems, chiefs and head men of the American
party of the St. Regis Indians residing in the State of New
York, do hereby give our free and voluntary assent to the
foregoing treaty as amended by the Senate of the United States
on the eleventh day of June 1838, the same having been submitted
to us by Ransom H. Gillet a commissioner on the part of the
United States, and fully and fairly explained by him to our
said tribe in council assembled. The St. Regis Indians shall
not be compelled to remove under the treaty or amendments.
Dated October 9th, 1838.
- Lorenn-taie-enne,
- Sase-sori-hogane,
- Louis-taw-roniate,
- Thomas-talsete,
- Saro-sako-ha-gi-tha,
- Louis-te-ka-nota-tiron,
- Michael Gareault,
- W. L. Gray, Int.
- Louis-tio-on-sate,
- Tier-ana-sa-ker-rat,
- Tomas-ska-en-to-gane,
- Tier-sa-ko-eni-saks,
- Saro-tsio-her-is-en,
- Sak-tho-te-ras-en,
- Saro-saion-gese,
- Louis-onia-rak-ete,
- Louis-aion-gahes,
- Sak-tha-nen-ris-hon,
- Sa-ga-tis-ania-ta-ri-co,
- Louis-sa-ka-na-tie,
- Sa-ga-tis-asi-kgar-a-tha,
- Simon-sa-he-rese,
- Resis-tsis-kako,
- Ennias-kar-igiio,
- Sak-tsior-ak-gisen,
- Tier-kaien-take-ron,
- Kor-ari-hata-ko,
- Tomas-te-gaki-gasen,
- Saro-thar-on-ka-tha,
- Ennias-anas-ota-ko,
- Wishe-te-ka-nia-tasoken,
- Tomas-tio-nata-kgente,
- wishe-aten-en-rahes,
- Tomas-ioha-hiio,
- Ennias-kana-gaien-ton,
- Louis-taro-nia-ke-thon,
- Louis-ari-ga-ke-wha,
- Sak-tsio-ri-te-ha,
- Louis-te-ga-ti-rhon,
- Tier-atsi-non-gis-aks.
The foregoing assent was signed in our presence.
- R. H. Gillet, Commissioner.
Witnesses:
- James B. Spencer.
- Heman W. Tucker.
- A. K. Williams, Agent St. Regis Indians.
- Frs. Marcoux Dictre.
(To the Indian names are subjoined marks.)
We the undersigned, chiefs, head men and warriors of the
Onondaga tribe of Indians residing on the Seneca reservations
in the State of New-York, do hereby give our free and voluntary
assent to the foregoing treaty as amended by the Senate of
the United States on the eleventh day of June, 1838, the same
having been submitted to us, by Ransom H. Gillet, a commissioner
on the part of the United States and fully and fairly explained
by him to our said tribe in council assembled.
Dated August 31st, 1838.
- Silversmith,
- Noah Silversmith,
- William Jacket.
(To the Indian names are subjoined marks.)
The above signatures were freely given in our presence.
- R. H. Gillet, Commissioner.
- H. A. S. Dearborn, Superintendent of Massachusetts.
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Legends A-B