to his heirs and assigns forever one mile square, to begin at the most easterly corner of the above described lot in the line of the Massachusetts pre-emption and to run from thence along the same northerly one mile; thence westerly to the waters of the outlet of Lake Erie; thence along the same to the northerly corner of the aforesaid lot; and thence along the northerly bounds thereof, to the place of beginning. "And the said Governor, at the request of said Indians expressed by their Chiefs and Warriors, and from a desire of accomodating them, doth engage that it shall be recommended to the Legislature to provide by law for the passing of said Seneca and other Indians of the said Six Nations on their own proper business on and along any turnpike road which may be hereafter established for the Town of Canadarque to Buffalo Creek or its vicinity, or over any bridge that may be erected between those places, toll free. "In testimony whereof, the said Commissioner, the said Governor and the said Chiefs and Warriors of said Seneca Nation of Indians, have hereunto and to other acts of the same tenor and date, the one to remain with the United States, another to remain with the State of New York, and another to remain with the said Indians, set their hands and seals at the City of Albany aforesaid, the day and year first above written." "Acknowledged before James C. Kent, Justice in the Supreme Court of Judicature." EXHIBIT 367. Treaty with the Senecas, 1815.1 "Treaty, entered into, this 12th day of September, in the year 1815 at Buffalo in the county of Niagara and State of New York, between the Chiefs, Sachems and Warriors of the Seneca Nation of Indians of the first part, and the people of the State of New York of the second part, witnesseth: "Ist. The said Chiefs, Sachems and Warriors of the Seneca Nation in consideration of the sum of $1,000.00 in hand paid them by Daniel D. Tompkins, Governor of the said State of New York, and of the covenants and agreements hereinafter contained, hereby sell, grant, convey and confirm to the people of the State of New York, all the islands in Niagara river between Lake Erie and Lake Ontario and within the jurisdiction of the United States, to have and to hold the same with the appurtenances, unto the said people of the State of New York, free and pure allodium forever. Reserving, however, to the said Chiefs, Sachems and Warriors of the Seneca Nation of Indians, equal rights and privileges with the citizens of the United States in hunting, fishing and. fowling in and upon the waters on the Niagara river, and of encamping on the said islands for that purpose, whilst the same shall continue to belong to the people of the State of New York. "2nd. The people of the State of New York, in addition to the sum of $1,000.00 already paid to the Chiefs, Sachems and Warriors of the Seneca Nation of Indians, do hereby covenant to pay to them annually, forever, an annuity of $500.00 to be paid on or before the first day of June each year forever hereafter, at Canandaigua in the county of Ontario; first payment to be made the first day of June, 1816. 'In testimony whereof, the said Chiefs, Sachems and Warriors on the one part, and Daniel D. Tompkins, Governor of the State of New York, Peter B. Porter, Henry Crocheron, Samuel Younge, Rodger Skinner, Esec Cowan, Robert Tillotson, and Louis Livingston Commissioners in behalf of said State, have hereunto 'Report of New York Assembly Committee on Indian Problem of February 1, 1889, p. 211. and to a copy hereof, set their hands and seals at Buffalo in the county of Niagara the day and year first above written. Red (his X mark) Jacket, Witnesses present: L. Harrison, Strawtown, (his X mark), Jasper Parish, "At a treaty held at the Capitol in the city of Albany, State of New York, on the 6th day of March 1820, Between Enos Throop, acting Governor and the Chiefs, Sachems and Warriors of the Seneca Nation of Indians, the foregoing treaty was modified to the effect that the annuity therein provided to be paid, instead of being paid at Canandaigua, should be paid by draft drawn upon the Indian Agent for the State of New York for the time being. "Signed by five of the principal chiefs of said Nation." EXHIBIT 368. Treaty with Onondagas, 1829.1 At a Treaty held at Albany in the State of New York on the twenty eight day of February 1829 Between His Excellency Martin Van Buren Governor of the State of New York Of The One part and the Chiefs or Sachems of the Tribe or Nation of Indians called the Onondagas residing at Buffalo in the State of New York of the other part-Whereas at a Treaty held at the Cayuga Ferry in the State of New York by Phillip Schuyler John Cantine David Brooks and John Richardson agents duly authorized by and on the part and behalf of the People of the said State with the said Tribe or Nation of Indians called the Onandagas bearing date the 28th day of July 1795 Covenanted concluded and agreed as follows: Whereas there was reserved to the Onondaga Nation by the articles of agreement made at Fort Schuyler Formerly called Fort Stanwix on the twelfth day of September 1788 and Confirmed by 'Report of New York Assembly Committee on Indian Problem of February 1, 1889, p. 208. Subsequent articles of agreement made on the sixteenth day of June 1790 sundry lands in the said articles particularly specified and described and Whereas subsequently thereto in the year 1793 the said Onondaga Nation did sell and by a Certain Deed of cession Convey unto the People of the State of New York certain part of the lands reserved to them by the treaties first above mentioned reference being had unto the said Deed of Cession made in 1793 will more particularly appear by which said last agreement there was stipulated to be paid to the said Onondaga Indians on the part of the People of this State a perpetual annuity of $410.00 and by subsequent Articles in the said Treaty or agreement it was further agreed that the said People of the State of New York should pay the said Onondaga Indians in addition to the sum of $410.00 the further of $1590.00 making in all the sum of $2000 to be paid on the first day of June in each year forever thereafter at Canandaigua in the County of Ontario to the agent of Indian affairs appointed by the United States for the time being residing within this State or in case no agent should be appointed on the part of the United States then by such person as the Governor of the State of New York should thereunto appoint to be by the said agent or person so to be appointed paid to the said Onondaga Nation of Indians and the receipt taken therefor in the manner specified in said Treaty as by reference thereto will more fully appear and by a subsequent article in the said Treaty made July 28, 1795 it was further agreed that only the sum of $1.000:00 was to be paid at Canandaigua and the other $1.000:00 at Onondaga And Whereas It has been represented to the Governor of the State of New York by said Nation of Indians that the payment of the said sum of $1.000:00 agreed by said Treaty of 28th of July 1795 to be paid to the agent of Indian affairs appointed by the United States residing at Canandaigua is attended with considerable expense and inconvenience to said Nation of Indians and who are now desirous and do now request the said People of the State aforesaid to pay to them the aforesaid annuities amounting together to the sum of $1.000:00 on the draft or bill of exchange to be drawn by at least four of the principal Chiefs of said Onondaga Nation and Executed in the presence of at least two respectable witnesses and acknowldged or proved before an officer authorized to take acknowledgments of Deeds whose appointment is to be duly authenticated by the Clerk of Erie County Now therefore I the said Martin Van Buren Governor of the said State Do hereby Covenant and Agree to and with the said Onondaga Nation of Indians to cause to be annually paid to the said Nation on the Draft or Bill of Exchange of at least four of the principal Chiefs of said Nation to be made and drawn on the Agent of Indian Affairs residing at Albany appointed by the said State on or after the first day of June in each and every year and authenticated in the manner aforesaid for the aforesaid sum of $1000. and specifying the Treaties under which the same are payable and that the following shall in all cases be the form of said Draft or bill of Exchange. To... .Indian Agent at the City of Albany. SIR, at sight you will please pay to the order of $1,000: and charge the same to our account pr annuities under the several Treaties of 1793 and July 28, 1795 and oblige your &c. Witnesses present. . . . and the said Onondaga Nation of Indians Do hereby forever release and discharge the said People of the State of New York from the payment of the monies payable by the said Treaties to the said agent of the United States residing at Canandaigua. In witness Whereof the said Governor on the part of the People of the State of New York and the subscribers Chiefs or Sachems of the Onondaga Nation of Indians have hereunto set their hands and Seals the day and year first above written. Signed & Sealed by me Lieutenant and acting Governor this 24th day of March 1829. The Chiefs signed in presence of In the 18th line the words "Fort Schuyler formerly called" are inserted before execution State of New York, Erie County, ss: HENRY E. Davis Be it remembered that on the Eleventh day of March in the year one thousand eight hundred and twenty nine personally |