Treaty with The Seneca
May 20, 1842
Articles of a treaty made and concluded at Buffalo Creek,
in the State of New York, on the twentieth day of May in the
year one thousand eight hundred and forty-two, between the
United States of America, acting herein by Ambrose Spencer
their Commissioner, thereto duly authorized, on the one part,
and the chiefs, headmen and warriors of the Seneca nation
of Indians, duly assembled in council, on the other part.
WHEREAS a treaty was heretofore concluded, and made between
the said United States, and the chiefs, headmen, and warriors
of the several tribes of New York Indians, dated the fifteenth
day of January in the year one thousand eight hundred and
thirty-eight, which treaty having been afterwards amended,
was proclaimed by the President of the United States, on the
fourth of April one thousand eight hundred and forty, to have
been duly ratified.
And whereas on the day of making this treaty, and bearing
even date herewith, a certain indenture was made executed
and concluded by and between the said Seneca nation of Indians
and Thomas L. Ogden, and Joseph Fellows, assignees under the
State of Massachusetts, in the presence, and with the approbation
of a Commissioner appointed by the United States, and in the
presence and with the approbation of Samuel Hoare, a superintendent
on the part of the commonwealth of Massachusetts, which indenture
is in the words and figures following to wit:
"THIS INDENTURE made and concluded between Thomas Ludlow
Ogden of the city of New York, and Joseph Fellows of Geneva,
in the county of Ontario of the one part, and the chiefs and
headmen of the Seneca nation of Indians, on the other part
at a council duly assembled and held at Buffalo Creek in the
State of New York on the twentieth day of May in the year
one thousand eight hundred and forty-two in the presence of
Samuel Hoare, the superintendent thereto authorized and appointed
by and on the part of the commonwealth of Massachusets, an
of Ambrose Spencer a Commissioner thereto duly appointed and
authorized on the part of the United States.
"Whereas at a council held at Buffalo Creek on the fifteenth
day of January in the year one thousand eight hundred and
thirty eight, an indenture of that date was made and executed
by and between the parties to this agreement, whereby the
chiefs and headmen of the Seneca nation of Indians for the
consideration of two hundred and two thousand dollars did
grant, bargain, release and confirm unto the said Thomas Ludlow
Ogden and Joseph Fellows, all those four several tracts of
land, situate within the State of New York, then and yet occupied
by the said nation, or the people thereof, severally described
in the said indenture, as the Buffalo Creek Reservation, containing
by estimation forty-nine thousand nine hundred and twenty
acres of land, the Cattaraugus Reservation containing by estimation
twenty-one thousand six hundred and eighty acres of land,
the Allegany Reservation, containing by estimation thirty
thousand four hundred and sixty-nine acres of land, and the
Tonnewanda Reservation containing by estimation twelve thousand
eight hundred acres of land; a duplicate of which indenture
was annexed to a treaty of the same date made between the
United States of America and the chiefs, headmen, and warriors
of the several tribes of New York Indians assembled in council;
which treaty was amended and proclaimed by the President of
the United States on the fourth of April one thousand eight
hundred and forty, as having been duly ratified; as by the
said indenture, treaty and proclamation more fully appear.
"And whereas divers questions and differences having arisen
between the chiefs and headmen of the Seneca nation of Indians
or some of them, and the said Thomas Ludlow Ogden and Joseph
Fellows in relation to the said indenture, and the rights
of the parties thereto, and the provisions contained in the
said indenture being still unexecuted, the said parties have
mutually agreed to settle, compromise and finally terminate
all such questions and differences on the terms and conditions
hereinafter specified.
"Now therefore it is hereby mutually declared, and agreed,
by and between the said parties as follows.
Article FIRST.
The said Thomas Ludlow Ogden, and Joseph Fellows in consideration
of the release and agreements hereinafter contained, on the
part of the said Seneca nation do on their part consent. covenant
and agree that they the said nation (the said indenture not
withstanding) shall and may continue in the occupation and
enjoyment of the whole of the said two several tracts of land,
called the Cattaraugus Reservation, and the Allegany Reservation
with the same right and title in all things, as they had and
possessed therein immediately before the date of the said
indenture, saving and reserving to the said Thomas Ludlow
Ogden, and Joseph Fellows the right of pre-emption, and all
other the right and title which they then had or held in or
to the said tracts of land.
Article SECOND.
The chiefs and headmen of the Seneca nation of Indians in
consideration of the foregoing, and of the agreement next
hereinafter contained, do on their part grant, release and
confirm unto the said Thomas Ludlow Ogden, and Joseph Fellows,
and to their heirs and assigns, in joint tenancy, the whole
of the said two tracts of land severally called the Buffalo
Creek Reservation, and the Tonnewanda Reservation, and all
the right and interest therein of the said nation.
Article THIRD.
It is mutually agreed, between the parties hereto that in
lieu of the sum expressed in the said indenture, as the consideration
of the sale, and release of the said four tracts of land,
there shall be paid to the said nation a just consideration
sum, for the release of the two tracts, hereby confirmed to
the said Ogden and Fellows, to be estimated and ascertained
as follows.
"The present value of the Indian title to the whole of the
said four tracts of land including the improvements thereon,
shall for all the purposes of this present compact, be deemed
and taken to be two hundred and two thousand dollars, of which
sum one hundred thousand dollars shall be deemed to be the
value of such title in and to all the lands within the said
four tracts exclusive of the improvements thereon, and one
hundred and two thousand dollars to be the value of all the
improvements within the said four tracts, and of the said
sum of one hundred thousand dollars the said Ogden and Fellows
shall pay to the Seneca nation such proportion as the value
of all the lands within the said two tracts called the Buffalo
Creek, and Tonnewanda Reservations shall bear to the value
of all the lands within all the said four tracts - and of
the said sum of one hundred and two thousand dollars, the
said Ogden and Fellows shall pay such proportion as the value
of the improvements on the same two tracts, shall bear to
the value of the improvements on all the said four tracts.
Article FOURTH.
The amount of the consideration monies to be paid in pursuance
of the last preceding article, shall be determined by the
judgment and award of arbitrators, one of whom shall be named
by the Secretary of the War Department of the United States,
and one by the said Ogden and Fellows, which arbitrators in
order to such judgment and award, and to the performance of
the other duties hereby imposed on them, may employ suitable
surveyors to explore examine and report on the value of the
said lands and improvements, and also to ascertain the contents
of each of the said four tracts, which contents shall govern
the arbitrators as to quantity in determining the amount of
the said consideration money.
"The same arbitrators shall also award and determine the
amount to be paid to each individual Indian out of the sum
which on the principles above stated, they shall ascertain
and award to be the proportionate value of the improvements
on the said two tracts called the Buffalo Creek Reservation
and the Tonnewanda Reservation, and in case the said arbitrators
shall disagree as to any of the matters hereby submitted to
them, they may choose an umpire whose decision thereon shall
be final and conclusive, and the said arbitrators shall make
a report in writing of their proceedings in duplicate, such
reports to be acknowledged or proved according to the laws
of the State of New York, in order to their being recorded,
one of such reports to be filed in the office of the Secretary
of the Department of War, and the other thereof to be delivered
to the said Thomas L. Ogden and Joseph Fellows.
Article FIFTH.
It is agreed, that the possession of the two pass hereby
confirmed, to the said Ogden and Fellows, shall be surrendered
and delivered up to them, as follows, viz: The forest or unimproved
lands on the said tracts, within one month after the report
of the said arbitrators shall be filed, in the office of the
Department of War, and he improved lands within two years
after the said report shall have been so filed; Provided always
that the amount to be so ascertained and awarded, as the proportionate
value of the said improvements, shall on the surrender thereof
be paid to the President of the United States, to be distributed
among the owners of the said improvements, according to the
determination and award of the said arbitrators, in this behalf,
and provided further that the consideration for the release
and conveyance of the said lands shall at the time of the
surrender thereof be paid or secured to the satisfaction of
the said Secretary of the War Department, the income of which
is to be paid to the said Seneca Indians annually.
"But any Indian having improvements may surrender the same,
and the land occupied by him and his family at any time prior
to the expiration of the said two years, upon the amount awarded
to him for such improvements being paid to the President of
the United States, or any agent designated by him for that
purpose by the said Ogden and Fellows, which amount shall
be paid over to the Indian entitled to the same, under the
direction of the War Department.
Article SIXTH.
It is hereby agreed and declared to be the understanding
and intent of the parties hereto, that such of the said Seneca
nation, as shall remove from the State of New York, under
the provisions of any treaty, made or to be made, between
the United States and the said Indians, shall be entitled
in proportion to their relative numbers to the funds of the
Seneca nation, and that the interest and income of such their
share and proportion of the said funds, including the consideration
money to be paid to the said nation in pursuance of this Indenture,
and of all annuities belonging to the said Nation shall be
paid to the said Indians so removing at their new homes, and
whenever the said tracts called the Allegheny and the Cattaraugus
Reservations, or any part thereof shall be sold and conveyed
by the Indians remaining in the State of New York, the Indians
so removing shall be entitled to share in the proceeds of
said sales in the like proportion. And it is further agreed
and declared, that such Indians owning improvements in the
Cattaraugus and Alleghany tracts as may so remove from the
State of New York, shall be entitled on such removal, and
on surrendering their improvements to the Seneca nation, for
the benefit of the nation to receive the like compensation
for the same, according to their relative values, as in the
third and fourth articles of this treaty are stipulated to
be paid, to the owners of improvements in the Buffalo Creek
and Tonnewanda Tracts, on surrendering their improvements;
which compensations may be advanced by the President of the
United States, out of any funds in the hands of the Government
of the United States, belonging to the Seneca nation, and
the value of these improvements shall be ascertained and reported
by the Arbitrators, to be appointed in pursuance of the fourth
article.
Article SEVENTH.
This Indenture is to be deemed to be in lieu of, and as a
substitute for the above recited Indenture made and dated
the fifteenth day of January, one thousand eight hundred and
thirty eight, so far as the provisions of the two instruments
may be inconsistent, or contradictory, and the said Indenture
so far as the same may be inconsistent with the provisions
of this compact, is to be regarded and is hereby declared
to be rescinded and released.
Article EIGHTH.
All the expenses attending the execution of this Indenture
and compact including those of the arbitration and surveys
herein before referred to, and also those of holding the treaty
now in negotiation between the United States and the said
Seneca Nation, except so far as may be provided for by the
United States, shall be advanced and paid by the said Ogden
and Fellows.
Article NINTH.
The parties to this compact mutually agree to solicit the
influence of the Government of the United States to protect
such of the lands of the Seneca Indians, within the State
of New York, as may from time to time remain in their possession
from all taxes, and assessments for roads, highways, or any
other purpose until such lands shall be sold and conveyed
by the said Indians, and the possession thereof shall have
been relinquished by them.
"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."
THEREFORE taking into consideration the premises it is agreed
and stipulated by and between the United States of America
and the Seneca nation of Indians, as follows, to wit:
First, The United StatesUnited States of America consent to
the several articles and stipulations contained in the last
recited Indenture between the said nation, and the said Thomas
Ludlow Ogden and Joseph Fellows, above set forth.
Second, The United States further consent and agree that
any number of the said nation, who shall remove from the State
of New York, under the provisions of the above mentioned Treaty
proclaimed as aforesaid, on the fourth day of April one thousand
eight hundred and forty, shall be entitled in proportion to
their relative numbers to all the benefits of the said Treaty.
Third, The United States of America further consent and agree,
that the tenth article of said Treaty proclaimed as aforesaid
on the fourth day of April one thousand eight hundred and
forty, be deemed, and considered as modified, in conformity
with the provisions of the Indenture hereinabove set forth,
so far as that the United States will receive and pay the
sum stipulated to be paid as the consideration money of the
improvements therein specified, and will receive hold and
apply the sum to be paid, or the securities to be given for
the lands therein mentioned, as provided for in such Indenture.
In testimony whereof the undersigned Ambrose Spencer Commissioner
on the part of the United States of America, and the undersigned
chiefs and headmen of the Seneca nation of Indians, have to
two parts of this treaty. one thereof to remain with the United
States, and the other thereof with the Seneca nation of Indians,
set their hands and affixed their seals the day and year first
above mentioned.
- Ambrose Spencer.
-
- Tit-ho-yah, or William Jones,
- Saul Lagure,
- Gau-geh-gruh-doh, or George Jimison,
- N. T. Strong,
- Hau-neh-hoys-soh, or Blue Eyes,
- Jabez Stevenson,
- William Krouse,
- Samuel Wilson, or Ni-ge-jos-a,
- William Krouse,
- Thompson S. Harris,
- Sah-go-en-toh, or Morris Halftown,
- Ten-wan-ne-us, or Governor Black Snake,
- Doa-ne-pho-gah, or Little Johnson,
- Joh-nesh-ha-dih, or James Stevenson,
- Ho-wah-tan-eh-goh, or John Pierce,
- Da-gon-on-de, or William Patterson,
- Samuel Goudon,
- Tunis Halftown,
- Hau-sa-nea-nes, or White Seneca,
- Gah-nang-ga-eot, or Young Chief,
- Thomas Jimeson,
- Moses Stevenson,
- Jonah Armstrong,
- Joseph Silverheels,
- Da-o-as-sah-au, or Jo. Hunlock,
- George Fox,
- Yaw-sau-ge, or Peter Johnson,
- Noh-sok-dah, or Jim Jonas,
- Dih-no-se-du, or Jacob Shongo,
- John Seneca, or Jo-on-da-goh,
- Ho-no-yea-os, or Jocob Bennett,
- George Turkey,
- Daniel Fau Guns,
- Goat-hau-oh, or Billy Shanks,
- Daniel Fau Guns,
- Goat-hau-oh, or Billy Shanks,
- James Pierce,
- Gi-eut-twa-geh, or Robert Watt,
- Seneca White,
- Gesh-u-aw, or James Shongo,
- Jarvis Spraing,
- Ti-at-tah-co, or Adam Dextador,
- Moris B. Pierce,
- So-gooh-quas, or John Tallchief,
- Isaac Halftown,
- David Snow,
- John Bark,
- George Killbuck,
- George Dennis,
- John Kennedy, sen.,
- Abram John,
- Job Pierce,
- Saw-da-ne, or George Deer,
- Ga-na-waw, or John Cook,
- Jaw-ne-es, or John Dickey,
- George Big Deer,
- Nah-joh-gau-eh, or Tall Peter,
- John Kennedy, jr.
Signed sealed and delivered in the presence of - - . (The
words "and Allegany" in the sixth page being interlined.)
- A. Dixon, Commissioner on the part of O. H. Marshall, New York.
- Benj. Ferris,
- Orlando Allen,
- Asher Wright,
- Elam R. Jewett,
- Cortland B. Stebbins,
- Joseph S. Wasson.
(To the Indian names are subjoined a mark and seal.)
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