"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 shal be set apart by the President.
"Article 6. It is further agreed that the United States wil pay to those who remove west, at their new homes, all such annuities as shall properly belong to them. The schedule hereunto annexed shal 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 shal 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, shal 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 shal 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 shal 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 ful 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 mil -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 shal 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 shal 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, al 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 annual y, and the balance, being one hundred and two thousand dol ars, 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 several y relinquishing their respective possessions to the said Ogden and Fel ows."
SPECIAL PROVISIONS FOR THE CAYUGAS.
"Article 11 The United States wil not set apart for Cayugas, on their removing to their new homes at the west, two thousand dol ars, and will invest the same in some safe stocks, the income of which shal 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 dol ars, to be disposed of as the chiefs shal 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 annual y, 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 shal deem equitable and just."
SPECIAL PROVISIONS FOR THE ONEIDAS RESIDING IN THE STATE OF NEW YORK.
"Article 13. The United States wil 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 dol ars 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 shal have their lands in the Indian country, at the forks or the Neasha River, which shal 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 shal designate. The United States wil 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 sel 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 annual y; and the money which shal be received for improvements on saidlands shal 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 shal appoint; and said lands shal also be appraised, and shal 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 Fel ows, 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, al 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 dol ars, 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 fol owing 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 mil s 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
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2,633
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Onondagas at Onondaga..................... 300Stockbridge............................... 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 dol ars 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 dol ars.
To William Chew, one hundred and fifteen dollars.
To John Patterson, forty-six dol ars.
To Wm. Mt. Pleasant, one hundred and seventy-one dol ars.
To James Cusick, one hundred and twenty-five dol ars.
To David Peter, fifty dol ars.
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 shal 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 dol ars.
To Joseph Isaac, seven hundred dol ars.
To Jack Wheelbarrow, three hundred dol ars.
To William Jacket, five hundred dollars.
To Buton George, five hundred dollars.
The above was agreed to before the treaty was ful y executed.
R. H. GILLET, Commissioner.
At a treaty held under the authority of the United States of America at Buffalo Creek, in the county of Erie and the State of New York, between the chiefs and head men of the Seneca Nation of Indians, duly 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 Fel ows, of Geneva, in the county of Ontario, on the other part, concerning the purchase of the right and claims of the said Indians in and to the lands within the State of New York, remaining in their occupation. Ransom H. Gillet, Esq., a commissioner appointed by the President of the United States to attend and hold the said treaty, and also Josiah Trowbridge, Esq., the superintendent on behalf of the Commonwealth of Massachusetts, being severally present at the said treaty, the said chiefs and head men, on behalf of the Seneca Nation, did agree to sel and release to the said Thomas Ludlow Ogden and Joseph Fel ows, and they, the said Thomas Ludlow Ogden and Joseph Fel ows, did agree to purchase al 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 fol owing: 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 Fel ows, 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 dol ars 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, al that certain tract or parcel of land situate, lying and being in the county of Erie and State of New York, commonly cal ed 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 al that certain other tract or parcel of land, situate, lying and being in the counties of Erie, Chautauqua and Cattaraugus, in said State, commonly called and known by the name of Cattaraugus Reservation, containing by estimation twenty-one thousand six hundred and eighty acres, be the contents thereof more or less. Also all that certain other tract or parcel of land, situate, lying and being in the said county of Cattaraugus, in said State, commonly cal ed and known by the name of the Alleghany Reservation, containing by estimation thirty thousand four hundred and sixty-nine acres, be the contents more or less. And also all that certain other tract or parcel of land, situate, lying and being partly in said county of Erie and partly in the county of Genesee in said State, commonly cal ed and known by the name of the Tonawanda Reservation, and containing by estimation twelve thousand eight hundred acres, be the same more or less: As the said several tracts of land have been heretofore reserved and are held and occupied by the Seneca Nation of Indians, or by individuals thereof, together with all and singular the rights, privileges, hereditaments and appurtenances to each and every of the said tracts or parcels of land belonging or appertaining; and all the estate, right, 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 parcel thereof; to have and to hold al and singular the above described and released premises unto the said Thomas Ludlow Ogden and Joseph Fel ows, their heirs and assigns, to their proper use and behalf forever, as joint tenants, and not as tenants in common.
At the before-mentioned treaty, held in my presence, as superintendent on the part of the Commonwealth of Massachusetts, and this day concluded, the foregoing instrument of writing was agreed to by the contracting parties therein named, and was in my presence executed by them, and being approved by me, I do hereby certify and declare such my approbation thereof.
Witness my hand and seal, at Buffalo Creek, this 15th day of, January, in the year 1838.
JOSIAH TROWBRIDGE.
I have attended a treaty of the Seneca Nation of Indians, held at Buffalo Creek, in the county of Erie, in the State of New York, on the fifteenth day of January, in the year of our Lord one thousand eight hundred and thirty-eight, when the within instrument was duly executed in my presence, by the chiefs of the Seneca Nation, being fairly and properly understood by them. I do therefore certify and approve the same.
R. H. GILLET, Commissioner.
At a treaty held under and by authority of the United States of America, at Buffalo Creek, in the county of Erie, and State of New York, between the sachems, chiefs and warriors of the Tuscarora Nation of Indians, duly assembled in council, and representing and voting for the said Nation, on the one part, and Thomas Ludlow Ogden, of the city of New York, and Joseph Fel ows, of Geneva, in the county of Ontario, on the other part, concerning the purchase of the rights and claim of the said Indians in and to the lands within the State of New York remaining in their occupation. Ransom H. Gillett, Esq., a commissioner appointed by the President of the United States to attend and hold the said treaty, and also Josiah Trowbridge, Esq., the superintendent on behalf of the Commonwealth of Massachusetts, being severally present at the said treaty, the said sachems, chiefs and warriors, on behalf of the said Tuscarora Nation, did agree to sel and release to the said Thomas Ludlow Ogden and Joseph Fel ows, and they, the said Thomas Ludlow Ogden and Joseph Fel ows, did agree to purchase all the right, title and claim of the Tuscarora Nation of, in and to the tract, piece or parcel of land mentioned and described in the instrument of writing next hereafter set forth, and at the price or sum therein specified as the consideration or purchase money for such sale and release; which instrument being read and explained to the said parties, and mutual y agreed to, was signed and sealed by the contracting parties, and is in the words fol owing: 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 Fel ows, 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 dol ars 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, sel , release and confirm to the said Thomas Ludlow Ogden and Joseph Fellows, and to their heirs and assigns, al that tract or parcel of land situated, lying and being in the county of Niagara, and State of New York, commonly cal ed and known by the name of the Tuscarora Reservation, or Seneca grant, containing nineteen hundred and twenty acres, be the same more or less, being thelands in their occupancy, and not included in the land conveyed to them by Henry Dearborn, together with al and singular the rights, privileges, hereditaments and appurtenances to the said tract or parcel of land belonging or appertaining, and al 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 al and singular the above described and released premises unto the said Thomas Ludlow Ogden and Joseph Fel ows, and their heirs and assigns, to their proper use and behalf forever, as joint tenants and not as tenants in common.
At the above-mentioned treaty, held in my presence as superintendent on the part of the Commonwealth of 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.
SUPPLEMENTAL ARTICLE TO THE TREATY CONCLUDED AT BUFFALO CREEK, IN THE
STATE OF NEW YORK, ON THE 15TH DAY OF JANUARY, 1838, CONCLUDED BETWEEN
RANSOM H. GILLET, COMMISSIONER, ON THE PART OF THE UNITED STATES, AND
CHIEFS AND HEAD MEN OF THE ST. REGIS INDIANS, CONCLUDED ON THE 13TH OF
FEBRUARY, 1838.
The undersigned, chiefs and head men of the St. Regis Indians, residing in the State of New York, having heard a copy of said treaty read by Ransom H. Gillet, the commissioner who concluded that treaty on the part of the United States, and be having ful y and publicly explained the same, and believing the conditions of the said treaty to be very liberal on the part of the United States, and calculated to be highly beneficial to the New York Indians, including the St. Regis, who are embraced in its provision, do hereby 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 shal not compel them to remove.
The United States wil , within one year after the ratification of this treaty, pay over to the American party of said Indians one thousand dol ars, part of the sum of five thousand dol ars mentioned in the special provisions for the St. Regis Indians, anything in the article contained to the contrary, notwithstanding.
Proclaimed April 4, 1840.
* * * * *
In the year 1846, on the 16th day of May, about forty of the Tuscaroras emigrated from the reservation to their new homes in the Indian Territory, and in one year about one-third of them died on account of the sufferings they endured. They were destitute of everything, and the Government was to have sustained them for one year, and to build houses for them, and provide al the necessaries of life, but they failed in fulfilling their promises on account of the misconduct of Dr. A.Hogeboom, the moving agent of the emigration party.
By reference to official documents in the Indian department it appears that a petition from a smal party of discontented emigrationists at the Tuscarora village, dated March 4th, 1845, was sent to the President of the United States, expressing a desire to remove to the West. It also further appears that a letter had been received by the department from a certain D. G. Garnsey, dated May 8th, 1845, stating that a portion of the Senecas, and others of the Six Nations in western New York, were now ready to remove. The Government, justly fearing that there might be persons so anxious to possess themselves of the moneys appropriated by law for the removal and support of emigrating Indians, as to resort to fraudulent means for the purpose, by letters warned the Indian agent at Buffalo to be on his guard against such imposition. Afterwards, several petitioners from small fragments of the Senecas and other tribes, were prevailed on to sign memorials to the President, asking to be removed, and begging appropriations for that purpose. To those wel acquainted with these movements, there was sufficient evidence that persons interested in their removal were at the bottom of al this business.
Of the Six Nations, once the owners and lords of the soil within the boundaries of the great Commonwealth of New York, there were many small remnants scattered over the western part of this State in a condition of wretched vagrancy; reduced by idleness and intemperance to poverty, and ready, for a trifling compensation, to have their names attached to any memorial, without regard to its objects, for a smal sum of money they would lend themselves to the service of any artful intriguer whose designs were to defraud the Government.
By an act of Congress passed on the 3rd day of April, 1843, the sum of twenty thousand four hundred and seventy-seven dollars and fifty cents was appropriated for the removal of two hundred and fifty Indians to the countries west and south of the Missouri river.
This appropriation was granted in consequence of repeated assurances made to the Indian department that this number were anxious to emigrate. The glittering prize thus hung up in the face of the noon-day sun was so bright and alluring that a goodly number of hungry candidates were soon seen entering the lists and struggling for the prize. But, alas! for the conditions; unless two hundred and fifty Indians could be procured to enrol themselves on the emigration engagement, and actually embark for the West, the stakes could not be legally won. Here was the great difficulty. And yet one would suppose that out of four thousand eight hundred and eighty-five Indians, belonging to the following tribes, to wit: the Senecas, Onondagas, Cayugas, Tuscaroras, Oneidas, St. Regises, Stockbridges, Munsees and Brothertowns, by taking up all the poor, degraded individuals, and gathering together al the sincere emigrationists, such a smal proportion of the whole might easily be procured; especial y if these candidates for an agency had told the truth when they asserted that _large bodies of the Indians were anxious to remove_. By these movements the Government had been induced to believe that there real y was an emigration party sufficiently large to meet the objects of the late appropriation, and to warrant the appointment of an emigration agent. Under this impression, the Secretary of War, by a letter dated Sept. 12, 1845, addressed to Dr. Abraham Hogeboom, appointed him to that office, instructing him, however, that no movement was to be made unless the ful complement of emigrants should desire, in good faith, to remove to the West, and Hogeboom was also explicitly informed that "the Government would not undertake the emigration of these Indians unless _two hundred and fifty_ of them, then residing in the State of New York, exclusive of the Canada Indians, should muster themselves and actually go with the agent."
As if to leave no door open for misunderstanding, the Commissioner of Indian Affairs at Washington addressed a letter to Hogeboom, dated Oct.
2nd, 1845, in which it was expressly declared that "two hundred and fifty Indians is the smal est number that wil be emigrated."
On the 27th of that month, Hogeboom wrote to the department giving it information that two hundred and nine Indians had enrolled themselves, and some of their chiefs had assured him that at Buffalo, Cattaraugus and Al eghany there would be twenty more. Thus the utmost number that the Doctor could dare to hope for was two hundred and twenty-nine. If that letter was written in order to feel after the temper of the departmcnt, and to ascertain how far it was disposed to relax its determination to send no less away than two hundred and fifty, he was not long in suspense, for by a letter dated Nov. 4th the Secretary of War again reminded him that he, was "selected to act as emigrating agent only in the event that two hundred and fifty would go." But on the 7th of that month Hogeboom again writes to him, dating his letter from Buffalo, saying he had ascertained that two hundred and sixty, Indians had enrolled themselves, and had fixed on the 20th of that month as the time for starting. This sudden and unexpected movement was not agreeable to the Secretary on account of the advanced state of the season; but, hoping they might get out before the lakes and rivers should be impassable on account of the ice, he immediately ordered provisions for their sustenance at their intended homes, to be procured and be in readiness at the time of their arrival.
Notwithstanding al these assurances on the part of Hogeboom, when the time for tel ing the truth came the whole scheme failed; a sufficient number of Indians could not be persuaded to go. The emigration was therefore indefinitely postponed.
It wil be seen by the foregoing statement that on the 27th day of October Hogeboom wrote to the department that only two hundred and nine had enrol ed themselves, and he then admitted that only twenty more could be hoped for in addition; of course there was no prospect of emigrating that season. Indeed the Doctor sa