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American Cayugas, to be again referred to, who signed. The English name Fishcarrier became a common surname among the Indians. Ojageghti the second, was a prominent Canadian Cayuga chief, who after the war crossed over from Canada to the United States and urged reconciliation and peace within the nation. Pages 373, 380.

In 1812 the receipt for the $2,300 was signed by "Tall Chief," "Curley," "Cayuga Smith" and "John Cayuga." The money was paid at Buffalo on 27th May, before it was due. The certificate again unnecessarily describes the payees as "Indian chiefs," presumably to excuse the absence of the treaty and irregularity of payment. The receipt of $50 for the posterity of "Fish Carrier" was signed by the same four Indians only, and on the same day. Pages 374, 381.

In 1813 the receipt for $2,300 was signed by five Indians referred to in the receipt as "Indian sachems," but they do not bear the names of sachems, which names were of course of immemorial standing, and the sachems themselves were then in Canada. The payment was made at Buffalo on 24th May, one week before it was due. The receipt for the $50, Fish Carrier's money, was signed at the same time and place by the same persons. The posterity of Fish Carrier could not possibly have been identical with the holders of five sachemships. Pages, 374, 382.

In 1814 the receipt for the payment of $2,300 was signed by four Indians, referred to again as "Indian chiefs." This payment also was made at Buffalo, and on 29th May, before it was due. It was signed before "Oliver Forward, J.P.", and three witnesses; and then "Oliver Forward, one of the Judges of the Common Pleas," certified on 29th May that the Indian chiefs signed in his presence. There is no oath proving this payment. At the same time and place the same persons signed for the $50 Fish Carrier rental. Pages 375, 385.

In 1815 payment of the $2,300 annuity was signed for by four Indians at Buffalo on 6th May, nearly a month before due; and under the same circumstances and to the same persons the $50 Fish Carrier money was paid. Pages 376, 383.

In 1816 payment was made on 26th April at Buffalo to four Indians, not in the presence of any justice of the peace, and two witnesses only were present, one of whom made oath of payment before “Oliver Forward Judge of the Common Pleas.” The Fish

In 1817, at Buffalo, five Indians signed for the $2,300 on 9th June. Among the signatories were "Oneanda" and "Cayuga Smith.' These two with William Fishcarrier on the same day signed a receipt for the Fish Carrier rental. Apparently no justice of the peace was present, and the witness who proved the payment deposed before a person, whose office, if any, is not disclosed. Pages 378, 385.

In 1818, on June 16th, the $2,300 was paid at Buffalo to five Indians, different from those who on the same day signed the Fish Carrier receipt. "Peter Fishcarrier," signed the latter. The payment of the $2,300 does not appear to have been made in the presence of a justice of the peace as required by the treaty. "William" and "Peter Fishcarrier " were New York Cayugas. Pages 379, 386.

The subsequent history of the Fish Carrier payments appears in the opinion of Attorney General Carmody, adopted by the commissioners of the Land Office at Albany, 18th May, 1911, whereby it will appear that in 1841 the state of New York paid a sum of $833.33 to some persons, claiming to be the posterity of "Fish Carrier," in extinguishment of the claim. The same opinion and report will disclose also that " in the year 1829 the manner of payrent was changed in accordance with a new treaty between the state and the Cayugas, dated February 28th, 1829.” There is, Lowever, no provision about the Fish Carrier money in this treaty. Pages 800, 803.

Payments of the $2,300 annuity continued to be made to Indians, presumably Cayugas, living upon the Seneca reservation in the state of New York, and who may be described as SenecaCayugas, until 1829, at which time, as will shortly appear, they had evidently become so insignificant in numbers as, in the opinion of the state authorities, not to deserve consideration.

It is worthy of remark, however, that, during the period between 1818 and 1829, there were serious irregularities in these payments. The Cayuga and Onondaga receipts for the years 1824 and 1825, are both signed by the same persons, purporting to be chiefs and warriors, before the same witnesses. Of the five Indians who in 1824 signed for the $2,300 Cayuga annuity, three at least, Captain Cole, Geo. Button and Onondaga Jacob, were Onondagas. This will appear on the face of the receipts, and by reference to the treaty made by the Onondagas with Governor Throop on 28th February, 1829. (N. Y. Assem. Doc. 51 of 1889). In 1825 also Onondaga Indians signed for Cayuga moneys, and the same witnesses signed the Cayuga and Onondaga receipts. Pages 821, 824.

In or about 1820 a considerable number of Indians who were living on the Seneca reservation in the state of New York migrated to Sandusky, Ohio, where they formed a settlement. They were known as Senecas and not otherwise, but it has been claimed and seems not improbable, that they included a majority of the Cayugas who were then living with the Senecas. These emigrating Indians seem thenceforth to have considered themselves Senecas for the purpose of securing benefits from the federal government and for all other purposes, except as to participation in the annuity attributable to the Cayuga treaty of 1795, which the state of New York saw fit to appropriate in the manner to be described. As Cayugas the emigrating party had no lands at Sandusky or elsewhere. As Cayugas they were unknown to the government of the United States, to the Indian department or to the census officers. The lands at Sandusky upon which they settled were by treaty of 29th September, 1817, granted by the United States to certain Seneca chiefs, to the use of certain named Seneca Indians and their heirs. United States statutes at large, Vol. 7, page 160.

See

On 8th February, 1829, at a Treaty described as held at Albany between His Excellency Martin Van Buren, governor of the state. of New York, "and the chiefs or sachems of the tribe or nation of Indians called the Cayugas residing at Sandusky in the state of Ohio," after reciting the treaties of 1789 and 1795, and that "the said Cayuga nation of Indians are annually entitled to receive the two sums of $1,800 and $500, and that the payment of these sums in accordance with the requirements of the treaty of 1795 is attended with considerable expense and inconvenience to the said nation of Indians," the governor agrees to cause (the said annuities) 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 year, and authenticated in the manner aforesaid for the aforesaid sum of $2,300 and specifying the treaties under which the same are payable." The treaty proceeds to state the form of the said draft or bill of exchange, and concludes as follows:-" And the said Cayuga Nation of Indians do hereby forever release and discharge the people of the state of New York from the payment of the monies payable by said treaties to the said agent of the United States residing at Canandaigua." This treaty is executed on behalf of the Indians by six marksmen, who sign under English

names. It is of course obvious that they had no capacity to bind the Cayuga Nation which was not represented at Sandusky unless by an inconsiderable fragment. Page 142.

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By treaty of 28th February, 1831, at Washington "the principal chiefs and warriors of the Seneca tribe of Indians residing on the Sandusky River in the state of Ohio" ceded all their Ohio lands to the United States in exchange for certain benefits and annuities, and other lands in the Indian Territory, a portion of which latter lands they now occupy. Page 747.

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It seems that. in 1817 a mixed band of Seneca and Shawnee Indians had located at Lewistown, Ohio, pursuant to rights granted them by treaty with the United States made in that year. (United States Statutes at large, Vol. 7, page 178). There is no evidence of any Cayuga Indians within this band, and it is necessary to refer to the Lewistown settlement only because it subsequently merged with the one formerly at Sandusky. The Lewistown band was sometimes referred to as The Shawanos 29 or "Eastern Shawnees." By treaty of 20th July, 1831, made at Lewistown "the principal chiefs and warriors of the mixed band of Seneca and Shawnee Indians resident at and around Lewistown" ceded all their Ohio lands to the United States. (United States Statutes at large, Vol. 7, pages 348 to 351). They secured by the treaty certain benefits and a new reservation in the Indian Territory, which it was stipulated should be two miles removed from the reservation of the Seneca Sandusky Indians, the two miles space to be a common pass-way.

By a treaty described as held at Albany on 8th September, 1831, between His Excellency Enos T. Throop, governor of the state of New York, and the chiefs and sachems of the tribe or nation of Indians called the Cayugas, residing at Sandusky in the state of Ohio, and on the Seneca reservation, in the county of Frie and state of New York, near the village of Buffalo, the treaty of 1829 is recited, and it is stated that the Cayugas resident at Sandusky intending to take up their residence beyond the Mississippi, had divided the annuity of $2,300 by a treaty made at Buffalo on 8th September, 1831, between "Tall Chief" and others, on behalf of the Indians about to remove beyond the Mississippi, and William King and others, on behalf of those of the Cayuga Nation residing on the New York Seneca reservation, by which treaty the Cayugas intending to remove beyond the Mississippi were to receive of the annuity $1,700 and the Seneca Reservation Cayugas $600. Upon this narrative the treaty proceeds to provide for the division and payment of the annuities upon drafts or bills

of exchange to be made on behalf of the trans-Mississippi Cayugas for $1,700, and on behalf of the Seneca Reservation Cayugas for $600. From this it may be inferred that at that time the Cayugas settled at Sandusky were nearly three times greater in number than those within the state of New York. Page 343.

The Smithsonian report (U. S. House Miscellaneous Documents, 2nd Session, 49th Congress, Vol. 26) at page 884, presents a table of Indian population for the year 1822, which makes no reference to Cayugas settled at Sandusky, but it is said that there were 348 Senecas there; also that there were 203 mixed Senecas and Shawnees settled at Lewistown, Ohio. In this enumeration both the Sandusky and Lewistown bands were returned as Senecas, embracing together 551 souls. The report was the work of the Indian Commissioner of that time.

When in 1825 the Indian agent came to prepare an enumeration he seems to have adopted the 1822 figures. He returned the same number of Senecas in Ohio, 551. He showed no Cayugas in Ohio; 90 on the Seneca reservation in the state of New York, and none elsewhere. (United States Senate Documents, 2nd Session, 20th Congress, No. 27, page 5.)

During 1831 the Sandusky Senecas to the number of 251, and the Lewistown Senecas and Shawnees numbering 211, removed to the Indian Territory (Smithsonian Report, pages 844, 855 and 878).

It has been shown that by the Treaty of 1829 professing to have been made between "the chiefs or sachems of the tribe or nation of Indians called the Cayugas residing at Sandusky, in ile state of Ohio" and the state of New York, no allowance is made for any Cayugas outside of Ohio, although the state by the treaty of 1831 divided the $2,300 annuity, professedly upon a per capita basis, in the proportion of $600 to New York Indians and $1,700 to the emigrated Indians. This allows for 90 Cayugas within the State and 255 emigrants. The whole Sandusky emigra tion, Senecas and Cayugas, was 251. It is thus apparent that all the Senecas of Sandusky participated in the 1831 division of the Cayuga annuity. Moreover comparison of the names signed to the various United States and New York treaties and to the receipts for Cayuga annuities shows that the same chiefs were in some instances signing as Cayugas and Senecas interchangeably.

In 1832 the former Sandusky Senecas formed a confederacy with the Lewistown mixed Senecas and Shawnees under the name of "The United Nation of Senecas and Shawnees," and under the said name contracted a treaty on 29th December, 1832, with the