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

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"First. The Menomonee tribe of Indians declare themselves the friend and
allies of the United States, under whos parental care and protection they
desire to continue; and although always protesting that they are under no
obligation to recognize any claim of the New York Indians to any portions
of their country; that they neither sold nor received any value for the
land claimed by these tribes, yet at the solicitation of their Great
Father, the President of the United States, and as an evidence of their
great love and veneration for him, they agree that such a part of the
land described, being within the following boundaries, as he may direct,
may be set apart as homes for the several tribes of the New York Indians,
who may remove to and settle upon the same within three years from the
date of this agreement, &c." Commencing at line 20,970, the President of
the United States is hereby empowered to apportion the lands among the
actual occupants at that time, so as not to assign to any tribe a greater
number of acres than may be equal to one hundred for each soul actually
settled upon the lands, and if, at any time of such apportionment any
lands shall remain unoccupied by any tribes of the New York Indians, such
portion as would have belonged to said Indians, had it been occupied,
shall revert to the United States. That portion, if any, so reverting to
be laid off by the President of the United States. It is destinctly
understood that the lands hereby ceded to the United States for the New
York Indians are to be held by those tribes, under such tenure as the
Menomonee Indians now hold their lands, subject to such regulations and
alternation of tenure as Congress and the President of the United States
shall from time to time think proper to adopt.

"Second. For the above cession the United States for the benefit of the
New York Indians, the United States consent to pay the Menomonee Indians
twenty Thousand Dollars, &c.

"Also commencing at line 21,118, Article 6th, the Menomonee Chiefs request
that such part of it as relates to the New York Indians be immediately
submmitted to the representatives of their tribes, and if they refuse to
accept the provision made for their benefit and to remove upon the lands
set apart for them, on the west side of Fox River, that they will direct
their immediate removal from the Menomonee county, but if they agree to
accept the liberal offer made to them by parties of this compact, then
the Menomonee tribe, as dutiful children of the Great Father, the
President, will take them by the hand as brothers, and settle down with
them in peace and friendship."

SUPPLEMENTARY ARTICLES.

First. It is agreed between the undersigned, commissioners on behalf of
the United States and the chiefs and warriors representing the Menomonee
tribe of Indians, that for the reasons above expressed, such part of the
first Article of the agreement entered into between the parties hereto,
on the 8th instant, as limits the removal and settlement of the New York
Indians upon the lands therein provided for their future homes, three
years, shall be altered and amended so as to read as follows: That the
President of the United States shall prescribe the time for the removal
and settlement of the New York Indians upon the lands thus provided for
them; and at the expiration of such reasonable time, he shall apportion
the lands among the actual settlers in such manner as he shall deem
equitable and just. And if, within such reasonable time as the President
of the United States shall prescribe for that purpose, the New York
Indians shall refuse to accept the provisions made for their benefit, or,
having agreed, shall neglect or refuse to remove from New York, and
settle on the said lands, within the time prescribed for that purpose,
that then, and in either of these events, the lands aforesaid shall be
and remain in the property of the United States, according to the said
first article, excepting so much thereof as the President shall deem
justly due to such of the New York Indians as shall actually have removed
to and settled on the said lands.

"Second, It is further agreed that the part of the Sixth Article of the
agreement aforesaid, which requires the removal of those of the New York
Indians who may not be settled on the lands at the end of three years,
shall be so amended as to leave such removal discretionary with the
President of the United States; the Menomonee Indians having full
confidence that in making his decision he will take into consideration
the welfare and prosperity of their nation: Provided, That for the
purpose of establishing the rights of the New York Indians upon a
permanent and just footing, the said treaty shall be ratified with the
express understanding that two townships of land," &c. which goes on and
locates the different portion of lands to the several tribes or bands of
the New York Indians which was proclaimed, July 9, 1832.

"Whereas articles of agreement between the United States of America, and
the Menononee Indians, were made and concluded at the city of Washington,
on the 8th day of February A. D. 1831, by John H. Eaton, and Samuel C.
Stambaugh, commissioners on the part of the United States, and certain
Chiefs and headmen of the Menomonee nation, on the part of the said
nation; to which articles an addition or supplemental article was
afterwards made, on the 17th day of February, in the same year, by which
the said Menomonee nation agree to cede to the United States certain
parts of their lands: and that a tract of country therein defined, shall
be set apart for the New York Indians; all which, with the many other
stipulations therein contained, will more fully appear by reference to
the same. When said agreement thus forming a treaty, were laid before the
Senate of the United States, during their then session, but were not at
said session acted on by that body. Whereupon a further agreement was on
the fifteenth day of March, in the same year, entered into for the
purpose of preserving the provisions of the treaty made as aforesaid; by
which it is stipulated that the said articles of agreement concluded as
aforesaid, should be laid before the next Senate of the United States at
their ensuing session, and if sanctioned and confirmed by them, that each
and every article threof should be as binding and obligatory upon the
parties respectively as if they had been sanctioned at the previous
session; and whereas, The Senate of the United States, by their
resolution of the twenty fifth day of June, 1832, did advise and consent
to accept, ratify, and confirm the same, and every clause and article
thereof, upon the conditions expressed in the proviso contained in their
said resolution, which proviso is as follows: Provided, That for the
purpose of establishing the right of the New York Indians on a permanent
and just footing, the said treaty shall be ratified, with the express
understanding that two townships of land, &c.," as in article second
above.

"Whereas, Before the treaty aforesaid, conditionally ratified, according
to the proviso to the said resolution of the Senate, above recited, could
be obligatory upon the said Menomomee nation, their assent to the same
must be had and obtained." Which was done after some modifications
respecting the location of the portion of land for the New York Indians.
And as the modifications so made and desired, was acceded to also by the
New York Indians, which was as follows:

"To all to whom these presents shall come, the undersigned chiefs and
head men of the sundry tribes of the New York Indians (as set forth in
the specifications annexed to their signatures), send greeting:

"Whereas, a tedious, perplexing and harassing dispute and controversy
have long existed between the Menomonee Nation of Indians and the New
York Indians, more particularly those known as the Stockbridge, Munsee
and Brothertown tribes, the Six Nations and the St. Regis tribe. The
treaty made between the said Menomonee Nation and the United States, and
the conditional ratification thereof by the Senate of the United States
being stated and set forth in the within agreement, entered into between
the chiefs and head men of the said Menomonee, and George B. Porter,
Governor of Michigan, commissioners specially appointed, with
instructions referred to in the said agreement.

"And whereas, the undersigned are satisfied and believe that the best
efforts of the said commissioners were directed and used to procure, if
practicable, the unconditional assent of the said Menomonees to the
change proposed by the Senate of the United States in the ratification of
the said treaty, but without success.

"And whereas, the undersigned, further believe that the terms stated in
the within agreement are the best practicable terms short of those
proposed by the Senate of the United States, which could be obtained from
the said Menomonees; and being asked to signify our acceptance of the
modifications proposed, as aforesaid, by the Menomonees, we are compelled
by a sense of duty and propriety to say that we do hereby accept of the
same. So far as the tribes to which we belong are concerned, we are
perfectly satisfied that the treaty should be ratified on the terms
proposed by the Menomonees. We further believe that the tract of land
which the Menomonees in the within agreement are willing to cede, in
exchange for an equal quantity on the northeast side of the tract of five
hundred thousand acres, contains a sufficient quantity of good land,
favorably and advantageously situated, to answer all the wants of the New
York Indians and St. Regis tribe. For the purpose, then, of putting an
end to strife, and that we may sit down in peace and harmony, we thus
signify by our acceptance of the modifications proposed by the
Menomonees; and we most respectfully request that the treaty as now
modified by the agreement this day entered into with the Menomonees, may
be ratified and approved by the President and Senate of the United
States.

"Proclaimed March 13th, 1835."

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."

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