C.F. McGlashan - "History of the Donner Party"

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Mrs. Cecil Hall - "A Lady's Life on a Farm in Manitoba"

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Books: Legends, Traditions, and Laws of the Iroquois, or Six Nations, and History of the Tuscarora Indians

E >> Elias Johnson >> Legends, Traditions, and Laws of the Iroquois, or Six Nations, and History of the Tuscarora Indians




"GEORGE CROGHAN."

The Oneida being the original owner of the tract of land assigned to the
Tuscarora as aforesaid, were made party with the Tuscarora to the treaty
made at Fort Herkimer in the year 1785, by which it was ceded to the
State, and the Oneida took all the avails of the treaty. The Tuscaroras
were then again left without a home and were partially scattered among
the other nations, although they continued to preserve their nationality.
They had some settlements, at a later period, in Oneida Castle, called by
them Gaunea-wahro-hare (signifying head on the pole), and one in the
valley of the Genesee below Avon, called by them Ju-na-stre-yo
(signifying the beautiful valley); another settlement at Con-na-so-ra-ga,
on the line between Onondaga and Oneida; another in the fork of
Chattenango Creek, which they called Ju-ta-nea-ga (signifying where the
sun shines); and another on the Jordan Creek, which they called Kan-ha-to
(signifying limb in water). These several places were settled at
different periods, which I am not able to give.

In the revolutionary war between the United States and Great Britain, the
Tuscaroras then had their settlement at the place alotted them by the
league in 1715, between the Unadilla river and the Chenango. They took an
active part with the United States. Many a soldier and scout of the
United States, in their fatigue and hunger, found a rest and a morsel in
the rude homes of the Tuscaroras, which were ever hospitably open to
them.

When the other Indians which took part with the British knew that the
Tuscaroras took part with the United States, they invaded their
settlement, destroyed their property and burned down their houses to
ashes, which scattered them for a while. There was a party that settled
at Oyouwayea, or Johnson's landing place, on lake Ontario, about four
miles east of the mouth of Niagara River, which is at the mouth of the
four-mile creek, for the purpose of getting out of the centre of the
other Indians which were for the British.

About the close of the war there were two families of the Tuscaroras
hunting and fishing along the shores of lake Ontario, and then up the
east shore of Niagara River as far as Lewiston, and there left their
canoe; then traveled east and up the mountain as far as a place which
they now call the Old Saw Mill (now on the Tuscarora Reservation), above
the Ayers' farm, where they saw great quantities of butternuts and
walnuts and and a nice stream of water flowing down the mountain; there
they took their rest, and after remaining several days they concluded to
make their winter quarters at that place, which they did. After they were
missing for a time from the settlement at Johnson's landing, they were
hunted by their people and finally found at this place. A few years after
this the Oneidas and Tuscaroras ceded the tract of land that was
apportioned to the Tuscaroras; then families after families came and
located with those two families mentioned above. This is the beginning of
the settlement of the present Tuscarora Reservation.

The Tuscaroras, ever since the revolutionary war, have had their
residence within the territory of the Seneca nation, they being
considered the father of the Tuscarora by being adopted as such, at the
time of their initiation into the confederacy, in the year 1715.

I will here give the boundary of the Seneca Nation domain, according to
the treaty entitled "A Treaty between the United States of America and
the Tribes of Indians called the Six Nations":

"The President of the United States having determined to hold a
conference with the Six Nations of Indians, for the purpose of removing
from their minds all causes of complaint, and establishing a firm and
permanent friendship with them, and Timothy Pickering being appointed
sole agent for that purpose, and the agent having met and conferred with
the sachems, chiefs and warriors of the Six Nations, in a general
council, now, in order to accomplish the good design of the conference,
the parties have agreed on the following articles, when ratified by the
President, with the advice and consent of the Senate of the United
States, shall be binding on them and the Six Nations.

"Article 1. Peace and friendship are hereby firmly established, and shall
be perpetual between the United States and the Six Nations.

"Article 2. The United States acknowledge the lands reserved to the
Oneida, Onondaga, and Cayuga Nations, in their respective treaties with
the State of New York, and called their reservations, to be their
property; and the United States will never claim the same, nor disturb
them or either of the Six Nations, nor their Indian friends residing
thereon and united with them, in the free use and enjoyment thereof; but
the said reservations shall remain theirs until they choose to sell the
same to the people of the United States, who have the right to purchase.

"Article 3. The land of the Seneca Nation is bounded as follows:
Beginning on Lake Ontario at the northwest corner of the land they sold
to Oliver Phelps, the line runs westerly along the lake as far as O-yong-
wong-yeh creek, at Johnson's landing place, about four miles eastward
from the fort of Niagara; then southerly up that creek to its main fork;
then straight to the main fork of Stedman's creek, which empties into the
Niagara river above fort Schlosser; and then onward from that fort,
continuing the same straight course, to the river (this line from the
mouth of O-yong-wong-yeh creek to the river Niagara above Fort Schlosser,
being the eastern boundary of a strip of land extending from the same
line to Niagara river, which the Seneca Nation ceded to the king of Great
Britain at a treaty held about thirty years ago, with Sir William
Johnson); then the line runs along the river Niagara to Lake Erie; then
along Lake Erie to the eastern corner of a triangle piece of land which
the United States ceded to the state of Pennsylvania, as by the
President's patent, dated the third day of March 1792; then due south to
the boundary of that state; then due east to the southwest corner of the
land sold by the Seneca Nation to Oliver Phelps; and then northerly along
Phelps' line to the place of beginning, on Lake Ontario. Now, the United
States acknowledge all the land within the aforementioned boundary to be
the property of the Seneca Nation; and the United States will never claim
the same, nor disturb the Seneca Nation, nor their Indian friends
residing thereon and united with them, in the free use and enjoyment
thereof; but it shall remain theirs until they choose to sell the same to
the people of the United States, who have the right to purchase.

"Article 4. The United States having thus described and acknowledged what
lands belong to the Oneidas, Onondagas, Cayugas and Senecas, and engaged
never to claim the same, nor disturb them or any of the Six Nations, nor
their Indian friends residing thereon and united with them, in the free
use and enjoyment thereof, etc. Proclaimed January 21, 1785."

You will observe in the treaty above that the name of the Tuscarora
Nation is not mentioned at all, and yet speaks of the Six Nations, which
includes the Tuscarora Nation. The reason is this: In Article 2 you will
observe that all the nations that have their lands on the east side of
what is known as the Phelps line were named, and west of that line was
the land of the Seneca Nation on which the Tuscaroras resided, and were
considered as being merged into the Seneca Nation, and have the benefit
of the laws enacted for them.

There was also a contract entered into between the Seneca Nation of
Indians of the first part, and Robert Morris. Esq., of the city of
Philadelphia, of the second part. At a treaty held under the authority of
the United States, at Genesee, in the county of Ontario, State of New
York, on the fifteenth day of September, 1797, and on sundry days
immediately prior thereto, by the Honorable Jeremiah Wadsworth. Esq., a
commissioner appointed by the President of the United States to hold the
same, when the Senecas ceded the country that included the now Tuscarora
Reservation. The Tuscaroras then and there made their complaint by their
chiefs, for the first since they were initiated into the confederacy of
the Iroquois; in the presence of the commissioner and the others that are
parties to the treaty; that the Iroquois had from time to time allotted
them lands and had been ceded each time by the Iroquois, without giving
them a farthing to remunerate them for their portion of the lands so
ceded, or for the improvements that they had made, and asked if they were
to be driven in this manner from place to place all the days of their
existence, and if that is the way a father should use their children or
brothers should use their brothers, and to keep them living in
disappointment; they also alluded to a treaty concluded at Fort Stanwix
three years before this, where the commissioners of the United States
reserved to them land, which read as follows:

"Article 2. The Oneida and Tuscarora Nations shall be secured in the
possession of the lands on which they are settled."

The commissioner then inquired into the merits of the complaint of the
Tuscaroras, which the Iroquois affirmed; the commissioner then said to
them, that it is not right to make a contract, or to grant anything
without faith; it is only honorable when you adhere to your stipulation.

When Robert Morris knew that the Tuscaroras were destitute of land, he
reserved and donated to them two square miles being 1280 acres; the
Senecas also granted to them one square mile being 640 acres, which grant
was made at the convention dated above. On the 13th day of March, 1808,
the sachems, chiefs and head men of the Seneca Nation of Indians executed
a written indenture of the grant or deed to the Tuscarora Nation, of the
one square mile of land above mentioned, and was duly signed by the
sachems, chiefs and head men of the aforesaid Indians. On the 22d day of
September, 1810, it was entered and put on file in the Niagara County
Clerk's office, on page 56; and was again put on file in the Niagara
County Clerk's Office, Lockport, in book of deeds 151, page 168, March
13, 1879.

About the year 1800, Solomon Longbard and his brother held private
council between themselves, consulting how they might obtain more land to
make a permanent home for the Tuscaroras and their generation after them,
they concluded to repair to North Carolina and see if they could procure
any means from that source, whereby they might obtain more land. In
pursuance, the Tuscarora Chiefs in council appointed as delegates Solomon
Longboard and Sacarrissa, being sachems of the nation in the year 1801,
and in 1802 they effected a lease by the aid of the Legislature of North
Carolina, from which accrued $13,722; and in the year 1804, General
Dearborn, then Secretary of War, was authorized by Congress to buy land
for the Tuscaroras with the said money, by which he bought 4,329 acres of
the Holland Land Company, which is now on the south and east side of the
three square miles mentioned above, which now constitutes the Tuscarora
Reservation.

The Tuscarora Nation was once more at peace and in possession of lands
which they could call their own.




Tuscaroras at North Carolina.

In tracing the history of the Tuscaroras that migrated to the north and
joined themselves with the Iroquois, we would not forget those few who
remained with King James Blunt, a Tuscarora Chief, in North Carolina, who
had a tract of land allotted to them on Pamplico river. The smallness of
their number disabling them from resisting the attacks of the southern
Indians, Governor Charles Eden, of North Carolina, and the council, on
the 5th day of June, 1718, entered into a treaty, by which the land on
Pamplico river was abandoned by the Tuscaroras and another tract granted
to them, on Roanoke river, in the present county of Birtie, in
consideration of which they relinquished all claims of any other land in
the province, butted and bounded as follows, viz.: Beginning at the mouth
of Quitsnoy swamp, running up the said swamp four hundred and 35 poles,
to a scrubby oak near the head of the swamp, by a great spring; then
north ten degrees east, eight hundred and fifty poles, to a persimmon
tree on Raquis swamp; then along the swamp and Pacosin main course north
fifty-seven degrees west, two thousand six hundred and forty poles, to a
hickory tree on the east side of the Falling Run, or Deep creek, and down
the various courses of the said run to Morattock; then down the river to
the first station.

In the administration of the Governor, Gabriel Johnson, Esq., at a
General Assembly held at New Bern on the 15th day of October, 1748, by
virtue of an act, this same limit of land above was confirmed and assured
to James Blunt, Chief of the Tuscarora Nation, and the people under his
charge, their heirs and successors forever, any law, usage, custom or
grant to the contrary notwithstanding.

At the time the Tuscaroras migrated to the north, King James Blunt was
the Sachem of those that remained, and his successor in office, as we see
in an act of the General Assembly of North Carolina, in the year 1778,
was Whitmell Tuffdick. The last Sachem, or Chief, of that part of the
Tuscaroras--Samuel Smith--expired in the year 1802, at which time
Sacarrissa and Solomon Longboard, both being Sachems of the northern
Tuscaroras, migrated the residue of the Tuscaroras from North Carolina to
their Reservation in Niagara county, State of New York, where they were
again blended together in one nation.

Concerning the land allotted to the Tuscaroras in Birtie--they have
leased it several times; and I have selected a few of the laws of North
Carolina that are now in force, concerning the Tuscaroras in that state,
namely:

"A. D. 1748. Vol. I. Chapter 43, page 174; by Potter, Taylor and Yancy,
Esqs. Anno Regni Georgii II, Vicessinio second.

"Gabriel Johnson, Esq., Governor.

"At a general assembly held at New Bern, the fifteenth day of October, in
the year of our Lord one thousand seven hundred and forty-eight."

CHAPTER 43.

"An Act for ascertaining the bounds of a certain tract of land formerly
laid out by treaty to the use of the Tuscarora Indians, so long as they,
or any of them, shall occupy and live upon the same, and to prevent any
person or persons taking up lands, or settling within the said bounds, by
pretense of any purchase or purchases made, or that shall be made, from
the said Indians.

"1. Whereas, complaints are made by the Tuscarora Indians, of divers
encroachments made by the English on their lands, and it being but just
that the ancient inhabitants of this Province shall have and enjoy a
quiet and convenient dwelling place in this their native country,
wherefore,

"_Bounds of the Indians' lands confirmed_.--2. We pray that it may
be enacted, and be it enacted by His Excellency Gabriel Johnson, Esquire,
Governor, by and with the advice and consent of his majesty's council,
and general assembly of this province, and it is hereby enacted by the
authority of the same that the lands formerly allotted the Tuscarora
Indians by solemn treaty, lying on Morattock river, in Birtie county,
being the same whereon they now dwell. Butted and bounded as follows,
viz: Beginning at the mouth of Quitsnoy Swamp, running up the said swamp
four hundred and thirty-five poles, to a scrubby oak, near the head of
the swamp, by a great spring; thence north ten degrees east, eight
hundred and fifty poles, to a persimmon tree, on Raquis swamp; thence
along the swamp, and Pacosin main course, north fifty-seven degrees west,
two thousand six hundred and forty poles to a hickory on the east side of
the falling run or deep creek, and down the various courses of the said
run to Morattock river, then down the river to the first station; shall
be confirmed and assured; and by virtue of this act, is confirmed and
assured, to James Blunt, chief of the Tuscarora Nation, and the people
under his charge, their heirs and successors, forever, any law, usage,
custom, or grant, to the contrary, notwithstanding.

"_Persons having grants to enter on desertion of the Indians_.--3.
Provided, always, That it shall and may be lawful for any person or
persons that have formerly obtained any grant or grants, under the Lord's
proprietors, for any tract or parcels of lands within the aforesaid
boundaries, upon the said Indians deserting or leaving the said lands, to
enter, occupy and enjoy the same according to the tenor of their several
grants.

"_Indians not to pay quitrents_.--4. And be it further enacted by
the authority aforesaid, That it shall not nor may be lawful for the Lord
Granville's receiver to ask, have or demand any quitrents for any of the
said tracts or parcels of land taken up within the said Indian
boundaries, as aforesaid, until such time when the Indians have deserted
the same and the patentee be in possession thereof, and only for such
rents as shall from thence arise and become due, any law, usage or custom
to the contrary notwithstanding.

"_Penalty on persons purchasing lands of the Indians_.--5. And be it
further enacted by the authority aforesaid, That no person, for any
consideration whatsoever, shall purchase or buy any tract or parcel of
land claimed or in possession of any Indian or Indians, but all such
bargains and sales shall be, and are hereby declared to be null and void,
and of no effect; and the person so purchasing or buying any land of any
Indian or Indians shall further forfeit the sum of ten pounds,
proclamation money, for every hundred acres by him purchased and bought,
one-half to the use of the public, the other half to him or them that
shall sue for the same, to be recovered by action of debt, bill, plaint
or information, in any court of record within this Government, wherein no
possession, protection, injunction or wager of law shall be allowed or
admitted of.

"_Persons settled on the Indian lands to remove, and no others to
settle there under a penalty_.--6. And be it further enacted by the
authority aforesaid, That all and every person and persons, other than
the said Indians who are now dwelling on any of the lands within the
bounds above mentioned to have been allotted, laid out and prescribed to
the said Tuscarora Indians, shall, on or before the twenty-fifth day of
March next ensuing the ratification of this act, remove him or herself
and family off the said lands, under the penalty of twenty pounds,
proclamation money; and if any shall neglect or refuse to move him or
herself and family off the said lands, on or before the said twenty-fifth
day of March next, and if any person or persons, other than the said
Indians, shall hereafter presume to settle, inhabit or occupy any of the
said lands hereby allotted and assigned for the said Tuscarora Indians,
such person or persons shall forfeit the further penalty of twenty
shillings, proclamation money, for each and every day he, she or they
shall inhabit or occupy any lands within the said Indian bounds after the
said twenty-fifth day of March next, the said penalties to be recovered
and applied in the same manner as the penalty in this act above
mentioned.

"_Surveyor's fee for laying out the Indians' lands_.--7. And
whereas, The said lands belonging to the said Tuscarora Indians have been
lately laid out and newly marked by George Goulde, Esq., Surveyor
General, at the request of the said Indians; therefore, be it enacted,
that the said George Goulde, Esq., have and receive for the trouble and
expense he hath been at in laying out and marking the Indians' lands
aforesaid, the sum of twenty-five pounds, proclamation money, to be paid
by the public, out of moneys in the public treasury.

"_Penalty of persons ranging stock on the Indians' lands_.--8. And
whereas, the Indians complain of injuries received from people driving
stock, horses, cattle and hogs, to range on their lands, for remedy
thereof, Be it enacted, That persons driving stock to range, or stock
actually ranging on the Indians' lands, shall, and are hereby declared,
to be liable and subject to the like penalties and forfeitures, and may
be proceeded against in the same manner, and subject to the same
recoveries, as by the law of this province stock driven or ranging upon
any white people's land are liable and subject to; and the said Indians
shall and may enjoy the benefit of the laws in that case made and
provided, in the same manner as the white people do or can, any law,
usage, or custom, to the contrary notwithstanding."

LAWS OF NORTH CAROLINA. A. D. 1878, CHAPTER 136, PAGE 359, VOL. I. BY
POTTER, TAYLOR & YANCEY.

"An Act for quieting and securing the Tuscarora Indians, and others
claiming under the Tuscaroras, in the possession of their lands.

"_Indian lands secured to the Indians_.--1. Be it enacted, &c., That
Whitmell Tuffdeck, Chief or head man of the Tuscarora nation, and the
Tuscarora Indians now living in the county of Birtie, shall have, hold,
occupy, possess and enjoy, all the lands lying in the county of Birtie
aforesaid, whereof they are now seized and possessed, being part of the
lands heretofore alotted to the Indians aforesaid by solemn treaty, and
confirmed to them and their successors by act of assembly, in the year
one thousand seven hundred and forty-eight, without let, molestation or
hindrance, clear of all quit-rents, or any public demands by way of tax
whatever, to them the said Tuscarora Indians, and their heirs and
successors: and that they, the said Tuscaroras, and their heirs and
successors, shall forever be clear and exempt from every kind of poll
tax.

"_No purchases to be made of the Indians, nor their lands
cultivated_.--2. And whereas, the said Tuscarora Indians, by nature
ignorant, and strongly addicted to drinking, may be easily imposed on by
designing persons, and unwarily deprived of their said lands: Be it
enacted. That no person, for any consideration whatever, shall hereafter
purchase, buy or lease, any tract or parcel of land now claimed by, or in
possession of the said Tuscarora Indians, or any of theirs; nor shall any
person settle on or cultivate the said lands, or any part thereof, in his
own right, or under pretence as acting as overseer for the Indians: and
if any person shall hereafter purchase, buy or lease lands of the said
Indians, or settle on or cultivate any part thereof in his own right or
as overseer for the Indians, all such purchases, sales, leases or
agreements shall be and they are hereby declared null and void; and the
person so purchasing buying or leasing, settling on or cultivating such
lands, or any part thereof, shall forfeit and pay the sum of three
hundred pounds current money for every hundred acres by him so purchased,
bought or leased, settled on or cultivated as aforesaid, one-half to the
use of the Tuscarora Indians, the other to the use of him or her who
shall sue for the same: to be recovered by action of debt, bill, plaint
or information in any court having cognizance thereof. Provided that the
said Tuscarora Indians may sell or dispose of their lands or any part
thereof, with the consent of the general assembly first had and obtained.

"_Former purchases from the Indians under the sanction of the Assembly,
secured_.--3. And whereas, the chieftains and head men of the
Tuscarora Indians living in the county, did, on the twelfth day of July,
in the year one thousand seven hundred and sixty-six, for the
consideration of fifteen hundred pounds to them paid by Robert Jones,
Jun., William Williams and Thomas Pugh, by indenture under their hands
and seals, demise, grant and to farm let, unto the said Robert Jones,
William Williams and Thomas Pugh, a certain tract of land lying in the
county aforesaid, containing about eight thousand acres, more or less,
bounded as follows, to wit: Beginning at the mouth of Deep creek,
otherwise called Falling Run; thence running up the said creek to the
Indian head line: thence by the said line south seventeen degrees east,
twelve hundred and eighty poles: thence on a course parallel with the
general current of the said creek to the Roanoke river and then up the
river to the beginning, together with the appurtenances thereto
belonging, to be held and enjoyed by the said Robert Jones, William
Williams and Thomas Pugh their executors, administrators and assigns in
serveralty for and during the term of one hundred and fifty years as may
more fully appear by the said indenture, registered in the count of
Birtie aforesaid and ratified by act of Assembly, passed at Newbern, in
the year one thousand seven hundred and sixty-six: Be it enacted, That
each and every of the persons entitled to claims under the demise
aforementioned, or by grants from the persons claiming under the same, or
either of them, and their heirs and assigns, shall and may have, hold,
occupy, possess and enjoy the several shares, dividends or parcels of the
said land to them belonging, in as full, free and absolute manner, and
with the same legal privileges and advantages in every respect, and
subject to the same taxes as if the said land had been originally granted
to the said Robert Jones, William Williams and Thomas Pugh by Lord
Granville or by this State.