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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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.

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
Fellows, 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 sell and release to the said Thomas Ludlow Ogden and Joseph
Fellows, and they, the said Thomas Ludlow Ogden and Joseph Fellows, did
agree to purchase all 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 following:

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 Fellows, 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 dollars 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, all that certain tract or parcel of land
situate, lying and being in the county of Erie and State of New York,
commonly called 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 all 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 called 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 called 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 all and
singular the above described and released premises unto the said Thomas
Ludlow Ogden and Joseph Fellows, 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 Fellows, 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 sell and release to the said Thomas Ludlow
Ogden and Joseph Fellows, and they, the said Thomas Ludlow Ogden and
Joseph Fellows, 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 mutually agreed to, was signed and
sealed by the contracting parties, and is in the words following:

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 Fellows, 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 dollars 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 to the said Thomas Ludlow Ogden and Joseph Fellows, and to their
heirs and assigns, all that tract or parcel of land situated, lying and
being in the county of Niagara, and State of New York, commonly called
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 all and singular the rights,
privileges, hereditaments and appurtenances to the said tract or parcel
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 Tuscarora Nation of Indians of, in and to the same, and to every
part and parcel thereof; to have and to hold all and singular the above
described and released premises unto the said Thomas Ludlow Ogden and
Joseph Fellows, 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 fully 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 shall not compel them to remove.

The United States will, within one year after the ratification of this
treaty, pay over to the American party of said Indians one thousand
dollars, part of the sum of five thousand dollars 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 all 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 small 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 well acquainted
with these movements, there was sufficient evidence that persons
interested in their removal were at the bottom of all 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 small 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 all the sincere
emigrationists, such a small proportion of the whole might easily be
procured; especially 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 really 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 full 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 smallest number that will 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
Alleghany 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 all these assurances on the part of Hogeboom, when the
time for telling 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 will 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 enrolled 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 says in that letter, speaking of the
Indians, "they do not think they will be able to obtain the number of two
hundred and fifty to emigrate this fall." Up to this time nothing had
been done to induce the war department to advance any money to the agent.
So, not only had the emigration scheme failed, but, so far as the Doctor
had been moved by pecuniary motives, he had also failed. This was no
doubt a trying circumstance, but the trial did not long continue, for
only ten days after he had written to the war department that the Indians
did not think they could emigrate this fall, he wrote again to the
Secretary of War, under date of Nov. 7th, 1845, saying "I have
ascertained that two hundred and sixty Indians have enrolled themselves
for emigration, and have fixed the time for starting on the 20th inst."
The following is an extract from a letter from the department to
Hogeboom, dated Nov. 14th, in answer to his of the 7th. It was no doubt a
letter such as the Doctor much desired:

SIR;--I have received your letter of the 7th inst., informing the
department of the enrollment of two hundred and sixty New York Indians
for emigration to their western homes, and proceed, _now that there
appears to be no doubt of the movement taking place_, to give you some
instructions, &c. * * * A requisition for $10,000 has this day been
issued in your favor, with which you will be charged and held accountable
for, under the head of "removal, &c., of New York Indians," per act March
3rd, 1843.

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