TREATIES OF NEW YORK INDIANS

Treaty with the New York Indians as amended by the Senate, and assented to by the several Tribes 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. Gillett, a commissioner on the part of the United States, and the chiefs, head men and warriors of the several tribes of the 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 settlers around, that the time was not far distant when their true interest must lead them to seek a new home among their 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 tearing their habitations, and 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 Menomonees 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 the purchase, the whole subject was finally settled by a treaty between the United States and the Menomonee Indians, concluded in February, 1831, to which the New York Indians gave their assent on the seventeenth day of October, 1832: and

"Whereas, By a provision 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 the condition that they all remove to the same within three years, or such reasonable time as the President shall 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 favor of emigration preferred to remove at once to the Indian Territory; which they were fully persuaded was the only permanent and peaceable home for all the Indians. And they therefore applied 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 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 the 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, in the lands secured to them at Green Bay by the Menomonee treaty of 1831, except 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 and line to be run from the little Cocalin, 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 a right angle 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 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: 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 Missouri lands: thence west so far as shall be necessary, by running a line at right angles and parallel to the west line aforesaid, to 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 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 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 guarantee to protect and defend them in the peaceable possession and enjoyment of their new home, 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 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 schedule hereunto annexed shall be deemed and taken as a part of this treaty.

"Article 7. It is expressly understood and agreed that the 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 distant 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 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 moneys laid out by the said tribe and services rendered by their chiefs and agents in securing the title to the Green Bay lands, and in removal to the same, to be apportioned 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. If is further agreed that the following reservation of land shall be made to the Rev. Eleazar Williams of said tribe, which he claims in his own right and 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 the Fox River, thirteen chains above the old mill-dam 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 the Fox river, thence up along the bank of the Fox river to the place of beginning."

SPECIAL PROVISION 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 Onondagas 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 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 rights, 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, belonging to the Seneca Nation, and the said nation agrees to receive the same, to be disposed of as follows, The sum of one hundred thousand dollars to be invested by the President of the United States in safe stock, for their use, the income of which is to be paid to them at their new homes annually, and the balance, being one hundred and two thousand dollars, is to be paid to the owners of the improvements on 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 improvement, to be made by appraisers hereafter to be appointed by the Seneca nation, in the presence of the 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 appraisal and award, and their severally relinquishing their respective possessions to the said Ogden and Fellows."

SPECIAL PROVISIONS FOR THE CAYUGAS.

"Article 11 The United States will not set apart for 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 the said nation on their removal west, two thousand five hundred dollars, to be disposed of as the chiefs shall deem just and equitable."

SPECIAL PROVISION FOR THE ONONDAGAS ON THE SENECA RESERVATIONS.

"Article 12. The United States agreed to set apart for the Onondagas residing on the Seneca Reservation, two thousand five hundred dollars, on their removing west, and to invest the same in safe stock, 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 Babtist 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 PROVISION 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 or 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 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 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 a 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 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 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 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 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 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.

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