Treaty with The Seneca
February 28, 1831
Articles of agreement and convention, made and concluded
at the City of Washington, on the twenty-eight day of February,
in the year of our Lord, one thousand eight hundred and thirty-one,
by and between James B. Gardiner, specially appointed Commissioner
on the part of the United States, of the one part, and the
undersigned, principal Chiefs and Warriors of the Seneca tribe
of Indians, residing on the Sandusky river in the State of
Ohio, on the part of said tribe, of the other part; for the
cession of the lands now owned and occupied by the said tribe
of Indians, lying on the waters of the Sandusky river, and
situate within the territorial limits of the organized counties
of Seneca and Sandusky, in said State of Ohio.
WHEREAS the tribe of Seneca Indians, residing on Sandusky
River,in the State of Ohio, have earnestly solicited the President
of the United States to negotiate with them, for an exchange
of the lands, now owned and occupied by them, for lands of
the United States, w$eAst of the river Mississippi, and for
the removal and permanent settlement of said tribe: Therefore,
in order to carry into effect the aforesaid objects, the following
articles have been agreed upon:
Article 1.
The Seneca tribe of Indians, in consideration of the stipulations
herein made on the part of the United States, do forever cede,
release and quit claim to the United States, the lands granted
to them, by patent, in fee simple, by the sixth section of
the Treaty, made at the foot of the Rapids of the Miami River
of Lake Erie, on the twenty-ninth day of September, in the
year 1817, containing thirty thousand acres, and described
as follows: "beginning on the Sandusky river at the lower
corner of the section granted to William Spicer; thence down
the river on the east side, with the meanders thereof at high
water mark, to a point east of the mouth of Wolf Creek; thence,
and from the beginning, east, so far that a north line will
include the quantity of thirty thousand acres." And said
tribe also cede, as aforesaid, one other tract of land, reserved
for the use of the said Senecas, by the second article of
the treaty, made at St. Mary's, in the State of Ohio, on the
seventeenth day of September, in the year 1818, which tract
is described in said treaty as follows: "Ten thousand
acres of land, to be laid off on the east side of the Sandusky
river, adjoining the south side of their reservation of thirty
thousand acres, which begins on the Sandusky river, at the
lower corner of William Spicer's section, and excluding therefrom
the said William Spicer's section:" making, in the whole
of this cession, forty thousand acres.
Article 2.
In consideration of the cessions stipulated in the foregoing
article; the United States agree to cause the said tribe of
Senecas, consisting of about four hundred souls, to be removed
in a convenient and suitable manner, to the western side of
the Mississippi river; and will grant them, by patent, in
fee simple, as long as they shall exist as a nation and remain
on the same, a tract of land, situate on, and adjacent to
the northern boundary of the lands heretofore granted to the
Cherokee nation of Indians, and adjoining the boundary of
the State of Missouri; which tract shall extend fifteen miles
from east to west, and seven miles from north to south, containing
about sixty-seven thousand acres, be the same more or less;
for which the President of the United States shall cause letters
patent to be issued, in due form of law, agreeably to the
Act of the last session of Congress.
Article 3.
The United States will defray the expenses of the removal
of the said Senecas, and will moreover supply them with a
sufficiency of wholesome provisions, to support them for one
year, after their arrival at their new residence.
Article 4.
Out of the first sales, to be made of the lands herein ceded
by the Senecas, the United States will cause a grist mill,
a saw mill, and a blacksmith shop to be erected on the lands
herein granted to the Senecas, with all necessary tools, to
be supported and kept in operation, at the expense of the
United States, for the sole benefit of the said Senecas; and
for these purposes, the United States will employ a miller
and a blacksmith, for such term as the President of the United
States, in his discretion, may think proper.
Article 5.
As the Seneca Indians, on their removal, will stand in need
of funds to make farms and erect houses; it is agreed that
the United States will advance them six thousand dollars,
in lieu of the improvements which they have made on the lands
herein ceded to the United States; which sum shall be reimbursed
from the sales of the lands ceded. An equitable distribution
of this sum shall be made by the Chiefs, with the consent
of the tribe, in general council assembled, to such individuals
of the tribe, as, having left improvements, may be properly
entitled to receive the same.
Article 6.
The live stock, farming utensils, and other chattel property,
which the Senecas now own, and may not be able to take with
them, shall be sold by some agent, to be appointed by the
President; and the proceeds paid to the owners of such property,
respectively.
Article 7.
The expenses of the Chiefs, in coming to and remaining at
Washington, and returning to Ohio, as well as the expenses
and per diem pay of the native Interpreter accompanying them,
shall be paid by the United States.
Article 8.
The United States will expose to public sale, to the highest
bidders, at such time and in such manner as the President
may direct, the tracts of land herein ceded by the Seneca
Indians: And, after deducting from the proceeds of such sale,
the minimum price of the public lands; the cost of building
the saw and grist mills and blacksmith shop for the Senecas;
the cost of surveying the lands; and the sum of six thousand
dollars, to be advanced in lieu of their present improvements:
it is agreed that any balance which may remain, of the avails
of the lands after sale as aforesaid, shall constitute a fund
for the future exigencies of the tribe, on which the Government
of the United States consent and agree to pay to the Chiefs
of the nation, for the use and general benefit of the nation,
annually, five per cent on said balance, as an annuity: And
if, at any time hereafter, the Seneca Chiefs, by and with
the advice and consent of their tribe in General Council assembled,
shall make known to the President, their desire that the fund,
thus to be created, should be dissolved and given to the tribe;
the President shall cause the same to be paid over to them,
in such manner as he may direct; provided he shall become
satisfied of the propriety of so doing.
Article 9.
It is agreed that any annuity, accruing to the Senecas, by
former treaties, shall be paid to them at their intended residence,
west of the Mississippi, under the direction of the President.
Article 10.
The United States hereby agree to give to the Senecas, as
presents, one hundred rifles, as soon as practicable, and
four hundred blankets, for the use of the tribe, to be delivered
to them at such time and place as may be directed by the Secretary
of War. Also fifty ploughs, fifty hoes and fifty axes, will
be given to the tribe, as aforesaid, to assist them in commencing
farming.
Article 11.
The Chiefs of the Senecas, being impressed with gratitude
towards Henry C. Brish, their sub-agent, for his private advances
of money and provisions, and numerous other acts of kindness
towards them, as well as his extra services in coming with
them to Washington; and having expressed a wish that a quarter
section of a hundred and sixty acres of the lands ceded by
them, should be granted to him in consideration thereof: the
same is hereby granted to him and his heirs to be located
under the direction of the President the United States.
Article 12.
The lands granted by this Agreement and Convention to the
Seneca tribe of Indians shall not be sold or ceded by them,
except to the United States.
Article 13.
It is communicated by the Chiefs here, that, in Council,
before they left home, it was agreed by the tribe, that, for
their services in coming to the City of Washington, each should
receive one hundred dollars, to be paid by said tribe: At
the request of said Chiefs, it is agreed that the United States
will advance the amount, to wit: five hundred dollars, to
be hereafter reimbursed from the sale of their lands in Ohio.
In testimony whereof, the parties respectively have this
twenty-eighth of February signed the same and affixed their
seals.
- James B. Gardiner, [L. S.]
- Comstick, his x mark, [L. S.]
- Small Cloud Spicer, his x mark, [L. S.]
- Seneca Steel, his x mark, [L. S.]
- Hard Hickory, his x mark, [L. S.]
- Capt. Good Hunter, his x mark, [L. S.]
Signed in presence of -
- Henry C. Brish, Sub-agent,
- George Herron, Interpreter,
- W. B. Lewis,
- Henry Toland,
- P. G. Randolph.
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Native American Legends A-B