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The Indians to whom he was then speaking had not been on the reservations since at latest the close of the revolutionary war.

The Little Cayuga chief (Ogonghsaniyonde) who was one of the chiefs from the Grand River, and who subsequently fought for the British in the war of 1812, spoke at this meeting and said: “Some of us were at Buffalo Creek when we received your message, others at

Grand River.” He said moreover that at a council held at Buffalo Creek after receipt of the message, “ it was agreed to request General “ Chapin and his interpreter, and Mr. John Harris and also Dyker “of the British to attend with us, in compliance with which they are now here.” Pages 387, 364.

On 17th March, 1794, the Governor held another meeting with the same Indians from Buffalo Creek and the Grand River, and in the result he obtained their assent, as he had already obtained the assent of the Indians upon the reserve, to the sale of their lands. Page 364.

The recognition on the part of the state of the Cayuga nation as embracing those who had not returned to their lands after the war, and even although some of them were residing in a foreign jurisdiction and others awaiting only the disposition of their interests in the state in order to seek a new settlement, was thus deliberate and formal. Fish Carrier and many of the nation had followed Joseph Brant to the Grand River as early as 1791. Others remained at Buffalo Creek, on United States soil, it is true, but in close contact with their ancient allies the British, and with their brethren who were already seeking a home under the British flag. What would have happened if the state of New York had not desired to purchase the Cayuga reservation does not appear, but it io certain that the Cayugas who remained upon the reservation, insignificant as they were in numbers and in strength, had reither the power nor the right to prevent the warriors of the nation under their accustomed leaders and chiefs, civil and military, from resuming the possession to which they were entitled, and which they had never abandoned, though they had temporarily withdrawn from their lands for purposes of war. Moreover there is no evidence that even those resident upon the reserve had entertained any disposition to question, as between themselves and those at Buffalo Creek and the Grand River, the right of the latter in common with themselves to the possession and enjoyment of these

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Upon report by Governor Clinton of the proceedings with the Cayuga Indians towards the sale of their reservation, the legislature of the state of New York, by Chapter 70 of the Acts of 1795, authorized the appointment of commissioners to make such arrangements with the Cayuga and other Indian nations “as may tend to promote the interests of the said Indians and to preserve in them

that confidence in the justice of this state, which they have so repeatedly evinced.” Page 770.

This Act authorizes the purchase of the Indian lands by way of annual payment of 6 per cent of the value of the lands purchased,

t 4 shillings per acre, and provides for subsequent survey of the lands and resale at 16 shillings per acre. Page 771.

On 10th May, 1795, Jasper Parrish, an interpreter and employee of the Indian commissioners of the state of New York, was sent to the Grand River to request the Cayugas and Onondagas to accompany him to a treaty to be held at Cayuga respecting their lands. Page 819.

The holding of this treaty at Cayuga and the escorting of the proper sachems and chiefs from the Grand River thereto ensured the attendance of all interested in the lands, and that questions such as those arising out of the treaty of 1789 would be avoided. The account of Jasper Parrish sent to the commissioners and paid by them shows that he was occupied from 10th May to 9th July, 1795, in collecting and conducting the Grand River and Buffalo Creek Indians to Cayuga. Page 819.

It appears from a letter of W. J. Chew, dated 25th June, 1895, that at about that date some 150 Indians from the Grand River and Buffalo Creek passed through Niagara on their way to Cayuga to sell their lands. Page 843.

The Indians to whom the reservation had been ceded and the state were thus brought together, the one desiring to sell, the other to purchase these reserved lands. The state had been at pains to summon all the Indians interested in the lands, or their representatives, and the transaction which then took place has accordingly never been questioned for defect of parties, or otherwise.

The treaty of 27th July, 1795, ensued. Pages 107, 939.

It recites the making of the previous treaties of 1789 and 1790 with the Cayuga Nation, confirms them, and provides that, “ in order to render the said reservations more productive of annual income to the Cayuga Nation,” the nation sells all its lands not cnly at Cayuga Lake but elsewhere, except the lands therein reserved to the nation and to Fish Carrier. These reservations consist of the areas already mentioned, two miles square and one mile square for the nation, and one mile square for Fish Carrier and his posterity.

The state of New York on its part covenanted to pay to the Cayuga Nation $1,800.00 on 1st June, 1796, and a like amount thereafter annually, in addition to the $500.00 annuity payable under the treaty of 1789 to the nation and its posterity forever. The precise terms of this covenant are important and have been previously quoted. Sixteen sachems or chiefs of the Cayuga Nation, headed by Ojageghti, the famous Fish Carrier, executed this treaty by their respective marks. Of these, twelve, in the full enjoyment of their official powers and jurisdiction, are known to have settled upon the Grand River lands, of whom six were resident there at the time of the execution of the treaty, and the remainder were either then residing there, or removed thither shortly afterwards.

The commissioners delivered the custody of the counterpart treaty to Fishcarrier, the chief negotiator on behalf of the Cayugas, who, as has been already stated, took it to the Grand River and delivered it to Kajinondawehhon, from whose custody it is now produced.

On 19th February, 1796, the report of the agents appointed to regotiate the treaty of 1795 was read in the senate of the state of New York, and by Chapter 39 of the statutes of that year the acts of the commissioners. were confirmed, and the annuities were directed to be paid by the treasurer of the state on the warrant of the governor. Page 772.

It may not be without interest to note here that the lands purchased were at once resold by the state at a profit of $247,609.33. Pages 773, 759.

PAYMENTS OF ANNUITIES 1795-1809.

The Cayuga Nation having thus officially disposed of its lands within the state of New York, except the reserved parcels, which were quite too limited in extent to support the nation according to the Indian mode of living, it became necessary to make provision for subsequent home and livelihood. Many of the Cayugas were already in Canada; others joined them, and the nation, headed by all its sachems, became permanently established at the Grand River, where it still flourishes in union with the ancient confederacy. Pages 952, 540-542.

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A few of the Cayugas, however, notwithstanding the disposal of the national lands, remained in the neighbourhood of their former possessions.

It appears by a letter of General Chapin to Governor Jay of 4th April, 1797, with reference to the payment of the annuities, (page 369) that at that time the Cayugas were distributed as follows: Upon the reservation

70 At Buffalo Creek

50 At the Grand River ..

500 In 1795 the British agent of Indian Affairs had reported about 400 Cayugas as resident at the Grand River. Page 836.

General Chapin was the United States agent through whose hands the annuities were paid. He describes the Cayugas on the reservation as a lot of poor vagabonds, who are not to be believed.” Page 369.

These Cayugas remained within the state of New York until after the war of 1812. Meantime up to 1809 the annuities under the treaty of 1795 had been duly paid, and the New York Cayugas received in the distribution their proportionate part of the payments. Pages 369, 929.

The subsequent history of this remnant of “untruthful vagabonds," and the somewhat extraordinary transactions between them snd the state of New York, will hereafter be traced, but at present it is more convenient to pursue the narrative of the proceedings of the nation subsequent to the treaty of 1795.

Fish Carrier never occupied his square mile of reserved land at Cayuga. After 1791 he resided at the Grand River, where he died in 1796. The legislature of the state had agreed to lease his reserration for $50 per annum, but before the first payment of rent fell due he was dead. Pages 873, 843.

On 21st September, 1796, General Chapin wrote to General Schuyler stating that he had ascertained the actual heirs of Fish Carrier and was starting that day for the Grand River to make payment. He was accompanied to the Grand River by Jasper Parrish, who on 30th October, 1796, certified in writing that he “saw Israel

Chapin pay $50 to the Cayuga Chiefs from Grand River deputed

to receive the annuity for Fish Carrier's rent for his mile square “of land on the Cayuga reservation." General Chapin also, at the same time, paid to the Canadian Cayugas their proportion of the $2,300 annuity upon the basis of the enumerations stated in his letter of 4th April, 1797, already quoted. General Chapin, by the

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same letter, reminds the governor that about $500 was paid through the hands of some one else to the New York reservation Indians, which he says is in excess of their share, and he says that he has paid over to the Grand River and Buffalo Creek Cayugas the sum of $1,800, being all the annuity money that came into his hands, and " which is endorsed on their article of treaty which they hold in their hands." The duplicate treaty now produced by the Canadian Cayugas shews the receipt for this payment of $1,800, endorsed thereon. Pages 802, 369, 942.

The receipt for the 1796 annuity is signed by at least two clearly recognizable Canadian resident Cayugas. One is Ogonghsaniyonde and the other Kajinondawehhon, whose name as pronounced is about as spelled in the receipt, “ Ajondaugh.” Ogonghsaniyonde was known also as “the Little Cayuga Chief.” He was the principal speaker on behalf of the Cayugas in the negotiations for the sale of the Cayuga reservation in 1794. Pages 942, 364, 387, 767, 769.

The 1797 receipt was signed by Ogonghsaniyonde (spelled Ojsheneente), and also by Tutowao and Tegayen, who likewise were residents of Grand River. Reference may be had to the Index for particulars and proofs affecting Indian names. Page 943.

The 1798 receipt was signed by Kajinondawehhon (spelled Genandaughha), Hatatehone and Sonosowa—all Canadian Cayugas. See these names in the index, and

Similarly, for the years 1799 to 1809 inclusive, with the exception of the year 1808, the receipts are signed by Cayuga sachems and chiefs identified as resident in Canada. Among the signatories other than those already named, reference may be had to Saquaawauta, Tutoaho, and Hayonatee (1799), Hughagata and Tuyowato (1800), Tiskahhe and Hughahgati (1802), Saquishewata (1802), Dayahadayo (1806) and Joandaughhaw (1809). See these names in the Index, with references to proofs of Canadian residence. Pages 943-945. On 7th June

, 1805, General Chapin delivered to the treasurer supra. . of the state of New York a receipt for $3,350 for the Cayugas and Onondagas at Grand River. Page 820.

There is no receipt upon the counterpart treaty for the year 1808, apparently because of some question about the distribution in which the Canadian Cayugas, who were the treaty holders, were not satisfied

Page 849.

page 943.

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