appeared before me Hezekiah A. Salisbury duly authorized to take the acknowledgment of Deeds in the County of Erie Henry E. Davies one of the witnesses to the above articles of agreement who being duly sworn deposed that he saw the four Indians whose names are subscribed as parties thereto Execute the same that the Deponent subscribed his name as a witness thereto and also that he saw Richard Sears subscribe his name as a witness and I having inspected it and finding therein no erasures or interlineations Except those noted Do allow it to be recorded H. A. SALISBURY. State of New York, Erie County Clerk's Office. I Elijah Leech Clerk of the County of Erie Do hereby certify that Hezekiah A. Salisbury whose name is subscribed to the above certificate of the acknowledgment of the annexed Instrument of Writing was at the date of the same a Commissioner duly authorized to take the proof and acknowledgment of Deeds &c. in and for the said County of Erie. and further that I am acquainted with the hand writing of the said Commissioner and very believe that the signature of H. A. Salisbury subscribed to the said Certificate is the proper handwriting of the said Commissioner In Testimony Whereof I have hereunto set my hand and affixed the seal of said County the 11th day of March A. D. 1829. ELIJAH LEECH, Clerk. State of New York, City of Albany, ss: On this 25th day of March 1829 personally appeared before me Isaac Denniston one of the subscribing witnesses to the preceding Treaty to me known who being duly sworn did depose and say that he saw Enos T. Throop, Lieutenant Governor of this State Execute the said Treaty on the 24th instant and that he acknowledged to have executed the same for the uses and purposes therein mentioned as acting Governor of this State and further that he the deponent and Charles Butler subscribed their names as witnesses to such Execution. All which I hereby Certify. ARCHD CAMPBELL Commissioner &c. Examined & Compared with the Original March 31. 1829. ARCHD CAMPBELL, Dep. Secretary. EXHIBIT 369. Treaty with the Senecas, 1838.1 At a treaty held under the authority of the United States of America, at Buffalo Creek in the county of Erie, and 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 claim of the said Indians in and to the lands within the State of New York remaining in their occupation: Ransom H. Gillet, Esquire, a commissioner appointed by the President of the United States to attend and hold the said treaty, and also Josiah Trowbridge, Esquire, 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, on 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 'Charles J. Kappler, Indian Affairs, Laws and Treaties, Vol. II, p. 509. appeared before me Hezekiah A. Salisbury duly authorized to take the acknowledgment of Deeds in the County of Erie Henry E. Davies one of the witnesses to the above articles of agreement who being duly sworn deposed that he saw the four Indians whose names are subscribed as parties thereto Execute the same that the Deponent subscribed his name as a witness thereto and also that he saw Richard Sears subscribe his name as a witness and I having inspected it and finding therein no erasures or interlineations Except those noted Do allow it to be recorded H. A. SALISBURY. State of New York, Erie County Clerk's Office. I Elijah Leech Clerk of the County of Erie Do hereby certify that Hezekiah A. Salisbury whose name is subscribed to the above certificate of the acknowledgment of the annexed Instrument of Writing was at the date of the same a Commissioner duly authorized to take the proof and acknowledgment of Deeds &c. in and for the said County of Erie. and further that I am acquainted with the hand writing of the said Commissioner and very believe that the signature of H. A. Salisbury subscribed to the said Certificate is the proper handwriting of the said Commissioner In Testimony Whereof I have hereunto set my hand and affixed the seal of said County the 11th day of March A. D. 1829. ELIJAH LEECH, Clerk. State of New York, City of Albany, ss: On this 25th day of March 1829 personally appeared before me Isaac Denniston one of the subscribing witnesses to the preceding Treaty to me known who being duly sworn did depose and say that he saw Enos T. Throop, Lieutenant Governor of this State Execute the said Treaty on the 24th instant and that he acknowledged to have executed the same for the uses and purposes therein mentioned as acting Governor of this State and further that he the deponent and Charles Butler subscribed their names as witnesses to such Execution. All which I hereby Certify. ARCHD CAMPBELL Commissioner &c. Examined & Compared with the Original March 31. 1829. ARCHD CAMPBELL, Dep. Secretary. EXHIBIT 369. Treaty with the Senecas, 1838.1 At a treaty held under the authority of the United States of America, at Buffalo Creek in the county of Erie, and 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 claim of the said Indians in and to the lands within the State of New York remaining in their occupation: Ransom H. Gillet, Esquire, a commissioner appointed by the President of the United States to attend and hold the said treaty, and also Josiah Trowbridge, Esquire, 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, on 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. 1Charles J. Kappler, Indian Affairs, Laws and Treaties, Vol. II, p. 509. 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, Chatauque, 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 Allegany 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 Tonawando 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 said 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 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, their heirs and assigns, to their proper use and behoof for ever, as joint tenants, and not as tenants in common. In witness whereof, the parties to these presents have hereunto and to three other instruments of the same tenor and date one to remain with the United States, one to remain with the State of Massachusetts, one to remain with the Seneca nation of Indians, and one to remain with the said Thomas Ludlow Ogden and Joseph |
