"also receive annuities for their lands of $2,500, each nation; "these suffered a considerable diminution this year, through "the medium of those of the nation who remain within the American "boundary, but whether at their instigation or not I cannot pretend to say." Page 849.

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In addition to the documentary evidence of payments to the Cayugas there was testimony given under oath in 1889 before a committee of the senate of New York by two aged Canadian Cayugas. Betsy Tom, then 94 years of age, remembered two payments before the war of 1812 in which the Canadian Cayugas participated. Abram S. Hill, 86 years of age in 1889, testified that Fish Carrier the second came over to Canada with some money before the war of 1812, and that he gave the money to Monture, which is the English name of Kajinondawehhon, whose name appears upon receipts in evidence. Pages 73, 79, 92, 98, 287, 297, 511, 516, 536.

The last payment in which the Canadian Cayugas participated, M. S. so far as appears by the treaty receipts, was in 1809, and the war Declar. began on 18th June, 1812. tion.

THE WAR OF 1812.

For several years preceding the actual declaration of war, relations had been strained between Great Britain and the United States. Grievances were conceived to exist against those who at the time had the conduct of Indian Affairs within Canada. There were the British claims and acts respecting blockade, the searching of neutral vessels for deserters, the impressment of sailors, in addition to alleged incitement of the Indians. The incident of the Leopard" and "Chesapeake " occurred in 1807. A little later there was talk of a United States invasion of Canada, and the Lieutenant Governor of Lower Canada called out the Canadian militia. The American State Papers, Foreign Relations, Vol. 3, pages 5 to 25, exhibit instances of the prevailing international friction, including the details of the affair of the "Chesapeake.'

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President Madison in his message to Congress of 1st June, 1812, detailing causes for war (American State Papers, Foreign Relaitons, Vol. 3, page 405) refers to the warfare that had been carried, on by the Indians and says that it is difficult to account for it unless instigated by the British.

A few days later James Munroe, Secretary of State, wrote the British ambassador at Washington charging the British with promoting the hostility of the Indians; and, in answer to

the

ambassador's disclaimer of any alleged agency of the British government, Mr. Munroe enclosed to the ambassador memoranda of information received from time to time by the government of the United States, and claimed that subordinate British agents had been encouraging the Indians. These reports cover the period from 1807 to 1812, and will be found in the volume last quoted at pages 465 to 467. The complaints against the Indians were numerous, and it can well be realized that public opinion in the United States, and especially in the State of New York, where the position was much exposed, must have been very considerably agitated and hostile to the Indians.

Two examples of the current reports may be quoted:

On 16th June, 1809, Governor Hull wrote from Detroit,"The influence of the prophet has been great, and his advice to the Indians injurious to them and the United States. The powerful influence of the British has been exerted in a way alluring to "the savage character."

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In February, 1910, "Red Jacket," a New York Seneca chief, made a speech on behalf of himself and other deputies of the Six Nations, stating:-" Since you have had some disputes with the "British Government their agents in Canada have not only endeav"oured to make the Indians at the westward your enemies, but "they have sent a war belt amongst our warriors to poison their 66 minds and make them break faith with you. At the same time (6 we had information that the British had circulated war belts among the western Indians and within your territory."

66

It will be shewn that the Cayugas who remained within the state of New York were merged with the Senecas and lived upon their lands. Consideration of this fact along with the evident apprehension of an Indian uprising and of an attack upon the United States directed from Canadian territory, makes it easy to appreciate the reason which led to the withholding of the annuities from the Canadian Cayugas in the year 1810 and the payment of the whole to the New York Cayugas, practically portion of the faithful Senecas, until the close of the war. The supposed "War belt" was in fact a peace belt, and the British were endeavoring to restrain the Indians under Tecumseh from commencing the Indian War which actually broke out in 1810; but, true or false, the above quoted and similar reports exerted a profound influence upon public opinion in the United States. There is, however, no evidence that any Cayugas were engaged under Tecumseh until after the declaration of the War of 1812. Indeed there is ample proof that the Six

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18157

The whole

Nations Indians residing in Canada had engaged with their United States brethren to preserve a strict neutrality, from which engagement probably only the anticipated invasion of their own territory caused them to depart. Ultimately the Cayugas of the Grand River took up arms and supported the British throughout the war. See Index, "War of 1812," ""Indian war," and page 891.

THE TREATY OF GHENT.

By article 9 of the Treaty of Ghent, concluded 24th December, 1814, the United States, as already shown, covenanted to put an end to hostilities with all the tribes or nations of Indians with whom they were at war, and "forthwith to restore to such tribes or rations respectively all the possessions, rights and privileges which they may have enjoyed or been entitled to in one thousand eight hundred and eleven previous to such hostilities." Page 122.

This acknowledgment operated either to restore to the Cayuga Nation its right of payment past and future, under the treaty of 1795. if indeed the state of peace which ensued did not independently have that effect, or to impose upon the United States the

question obligation, still unsatisfied, to place the nation in the enjoyment of

the annuities.

APPLICATIONS FOR PAYMENT 1814-1849.

The various endeavours made by the Canadian Cayugas to recover payment were detailed in evidence before the New York Senate Committee in 1889. These efforts began immediately after the War of 1812.

Henry Phillips, an American Seneca 94 years old, who had fought in the war, and was at that time sixteen years of age, testified that he knew "Hajinondawehon" (Kajinondawehhon); that he was a leading Cayuga chief; that he knew him before and after the war; that he visited the state of New York after the war several times; that he knew Ojageghti; saw him in the state immediately after the war. Page 19.

Mrs. George Monture, 81 years of age, deposed that she remembered that Joseph Monture (Kajinondawehhon) and James Johnson went to the state several times in connection with the treaty money; that John Jacobs also went, perhaps sixty or over sixty years ago, or in or about 1829; that Joseph Monture went over twice. Pages 59-62, 70, 71.

Mrs. Betsy Tom, 84 years old, recollected that some of the chiefs went over after the money about five years after the war; that they went over several times and failed. She also knew of Joseph Monture, Johnson and Jacobs going over. Pages 76, 90, 91, 93.

Abram S. Hill, 86 years old, and a chief for fifty-five years, remembered John Jacobs going over after the money; "right after the war some of them (the chiefs) went over there" that Jacob Silversmith's father was one of them; that he went over shortly after the war; that William Jacob's father and the Montures were over several times; that Joseph Monture and James Johnson went over to the other side before the council. He said the reason they did not get the money was on account of the war. Pages 88-98.

David Hill, 79 years of age, remembered John Jacobs going over after the money twice, once when witness was about twenty years old (1829 or 1830). This agrees with Mrs. George Monture's evidence. Pages 201, 207.

Isaac E. Hill, 77 years old, heard some talk of the claim when a small boy. When about twenty years old he gave two dollars to help pay John Jacob's expenses to go over after the money. This is evidently the occasion referred to by Mrs. Monture and by David Hill. Page 212.

James Jamison, 74 years old, took up subscriptions to send persons over after the money several times. Page 216.

William Wedge, 63 years old, tells of a second attempt by Johnson and George Monture about 1849. Page 234. And see also pages 273, 282, 284, 286, 297, 299, 392, 394, 978, 865, 866.

Since 1849 there is ample documentary proof of efforts made to collect.

THE SENECA-CAYUGAS.

It seems convenient at this point to digress in the narrative so set far as to trace the history of the remnant of the Cayugas described was by Fish Carrier as "boys and old women," and by General Chapin D as "a lot of poor vagabonds who were not to be believed," who vale penale remained upon the reservation after the treaty of 1795. It is line. involved with the remarkable administration of the treaty by the state of New York.

It will be remembered that in the spring of 1797 General Chapin had certified to the governor that there were on the reservation 70 Cayugas; at Buffalo Creek, 50, and on the Grand River, 500.

If these 50 Cayugas at Buffalo Creek continued to abide within the state or returned to the reservation, the total number of those within the United States did not therefore exceed 120. Page 369.

In 1807, by treaty of 30th May, the Cayuga Nation upon the recital that they had signified their desire to remove from the two parcels of land reserved to them by the treaty of 1795, sold and released to the people of the state of New York all their right, title and interest in the said two parcels of land, in consideration of a payment of $4,800, which was paid down. This treaty was executed by representatives of the nation in Canada. Every sachem who signed it was then a resident of Canada. It may have been signed as well by certain of the Cayugas who dwelt upon the lands. Thereafter the Cayugas who remained within the state, having no place of residence, took up their habitation among the Senecas, who retained and still retain a portion of their original lands, and who permitted these Cayugas to reside with them. Page 110. See names of signatories in Index, and "Sachems."

The influences affecting the state of New York were, however, such that, beginning with the year 1810, the state appropriated the full annuity of $2,300 to those Cayugas who sojourned within its borders.

In 1810 the receipt for $2,300 is signed by four Indians by their Indian names, and the certificate of proof states for the first time that these are Indian chiefs. The counterpart treaty was of course not produced, and no receipt has been endorsed upon the counterpart since 1809. The Fish Carrier receipt for 1810 is signed by two Indians by their Indian names, both of whom also signed for the $2,300 annuity. Page 372, 380.

In 1811 payment of the $2,300 annuity was made at Buffalo on 20th May, ten days before it was due. Three Indians signed by their English names, "Tall Chief," "White Swan," and "Curley Head." The proof of receipt does not allege that the payment was made in the presence of a justice of the peace. The certificate was not sworn until 18th September, 1811. In this year an Indian, under the name of Fishcarrier, signed the receipt for the $50 rental, payable to the posterity of the original Fish Carrier, and another Indian, "Augoweines," signed with him. This Fishcarrier is not Ojageghti the second, who was made chief in 1796, in succession to the original Ojageghti, and who lived at the Grand River in Canada. Fish Carrier the first left two sons, and the Fishcarrier who signed in 1811 may have been one of these, although it is more probable that it was either William or Peter Fishcarrier,