United States, whereby inter alia the bounds of the Indian Territory lands of the respective tribes were readjusted and the two reservations thrown into one. Thenceforth, and until 1867, the federated nation occupied the reservation in common, but the treaty provided, and new grants were subsequently made in conformity, that the northern half of the reservation should belong to the Lewistown Senecas and Shawnees and the southern half to the Sandusky Senecas, whenever the parties should determine to separate. Among the Senecas who signed this treaty were "George Curley Hair," "Tall Chief," "Good Hunter" and "Hard Hickory," whose names appear in New York petitions, treaties and receipts as Cayugas. Page 750.

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On 4th August, 1843, Peter Wilson, writing to the governor of New York, as he claims, "on behalf of the Cayuga Nation of "Indians of the non-emigrating party residing among the Seneca Nation of Indians, in the western part of this state," says that "according to the census taken officially by me last spring there are of the Cayuga Nation 110, of whom 70 are opposed to a removal "to the western country, and 40 who are in favour of emigration and who will probably emigrate as soon as the way is opened; that "the same subject has divided the Nation more than twenty years ago when a majority of them removed to Sandusky, Ohio." Pages 391, 392.

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The ill-fated expedition of Indians led by Dr. Hogaboom in 1846 to the Indian Territory was perhaps then in contemplation, and explains Dr. Wilson's reference to the non-emigrating party residing among the Senecas.

By letter of 27th June, 1846, from James Turkey and others, said to compose a majority of the Cayuga Nation resident in western New York, to the commissioners of the Land Office at Albany, it is in effect stated that the whole number of the Cayuga Nation within the state is 128; that 98 had removed to the western country, and that, allowing for the portion that intends to start within a few days, which will not exceed 41, the balance remaining upon the Seneca reservation, in the state of New York, will be 87. Page 351.

About this time one Dr. Alexander Hogaboom, having secured state and other aid for a project of wholesale voluntary removal of the Indians of the more western states to the Indian Territory, beyond the Mississippi, induced over 1,000 Indians to follow him to this new Indian land of promise. Included in this party were 44 of the Seneca Reservation Cayugas, evidently being the party

not exceeding 41 referred to in the letter last quoted. This was a very disastrous expedition, and within a few months the great majority of the Indians who followed Hogaboom were stricken with disease and died upon the swamps to which he had led them. There was the usual public outcry for investigation; the state of New York had recognized and assisted Hogaboom; 215 of his expedition were New York Indians. The senate of the state appointed a committee of investigation, and this committee presented a report in somewhat extravagant language, which appears as Senate Document No. 70 of 1847.

In 1849 Peter Wilson presented a petition to the legislature of New York claiming payment of the annuity of $2,300 to the New York Cayugas, or a re-apportionment thereof, in view of their alleged numerical superiority as compared with the Cayugas in the Indian Territory. In the report of the senate upon this petition (Senate Document No. 64 of 1849) the migration of the Sandusky Cayugas to the Indian Territory in 1831 is referred to, and the report proceeds to state that "In 1847 Doctor Wilson visited the Osage and Neosho Agencies on his errand of mercy. Of the 550 Cayugas who in 1831 and 1846 migrated to this country and "their descendants, he found alive, as he supposed, not exceeding "58. He brought back with him to New York of all parties 73, "of whom 23 were Cayugas." The writer evidently supposed that there had been 500 Indians settled at Sandusky previous to the migration westward in 1831. This number is, however, in face of history and the facts, grossly exaggerated; and, as to their nationality, there is at best an inference that some of them were Cayugas. Pages 396, 400.

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On 4th May, 1846, a treaty was made, described as held at Albany, between that portion of the tribe or nation of Indians called the Cayuga Nation of Indians residing in the western part cf the state of New York," and the people of the state, by which, after reference to the treaty of 1831, it is stipulated and agreed "that the annuities due and owing to the said Cayuga Indians" (thereby meaning those resident in the western part of the state of New York)" shall hereafter be paid on the draft or order of three "of their principal chiefs to the said agent of the United States of "Indian Affairs resident at the said City of Buffalo." Page 348.

The only Indian signature to this treaty is that of Peter Wilson, who appears to have been acting under power of attorney.

By a further treaty made at Albany on 2nd July, 1846, between the state and "that portion of the tribe or nation of Indians called "the Cayuga Indians residing in the western part of the said

state," after referring to the treaties of 1831 and 1846, and reciting that "it is now represented that a portion of said Indians have removed west of the Mississippi River, and others are about to remove and join their brethren there, which renders it proper to provide in future for an equitable distribution of the said annuity to and among the parties and members of the said tribe "or nation entitled to the same," it is stipulated that "on and after "1st June, A.D. 1848, the said annuity of $600 shall be paid to "and equitably distributed among the said Indians, according to the number of members in each family who may remain in this state or shall have removed west of the Mississippi River aforesaid, to be ascertained and determined by verified lists or statements to be made out by the chiefs and head men of each of the "aforesaid sections or divisions of the said Cayuga Indians, and transmitted annually to the Comptroller of this State on or before "the 20th day of May in each year." Page 349.

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This treaty is signed by five Indians under English names.

The following conclusions are found by the senate committee's report of 1849, dealing with a petition of Peter Wilson, on behalf of the New York Seneca-Cayugas, asking for the preservation of the rights of the New York band in connection with the annuity:—

"1. That to the Sandusky band of Cayugas, by the treaty "of 1831, was apportioned $1,700 out of the Cayuga annuities "of $2,300, payable from the state of New York.

"2. That the band had in 1847 dwindled to about thirty"three souls.

"3. That they had no chiefs, and therefore, could not "draw their portion of the annuities, according to the treaty. 4. That of the emigrating party from Buffalo in 1846, "but three remain.

"5. That William King, who is named in the treaty of "1846, and thereby authorized as one of the chiefs to draw for "the per capita shares of annuity for that party, and a boy "chief and one other alone remain. William King resigned "his chieftainship 17th September, 1839, in favour of his "nephew Peter Wilson. Thus they can not draw for their money under the treaties.

"The inference is that there are portions of the annuities "which have lapsed from failure of annuitants capable of "receiving under the deed of settlement. The state of New "York as a party capable of being sued is discharged of its liability." Page 401.

If, as appears from the documents hereinbefore cited, there were in the state of New York, immediately before the Hogaboom expedition, 128 Cayugas, of whom 44 went with Hogaboom, there would be left in the state of New York only 84. If, as is also stated, Dr. Wilson brought back with him from the Indian Territory in 1847, 25 Cayugas, the number within the state of New York, not allowing for births and deaths during the year, would be 109; and if, as also appears, only 33 Cayugas were then left in the Indian Territory, there would be in the whole of the United States in the year 1847 only 142 of the nation.

A further treaty was made at Buffalo on 24th June, 1850, the parties to which are described as that portion of the chiefs, headmen and warriors of the Cayuga Nation of Indians residing west of the Mississippi River, of the first part, and that portion of the chiefs, headmen and warriors of the said Cayuga Nation of Indians residing in the state of New York, of the second part. Page 356.

This treaty was signed by four Indians under English names. It recites that the Cayuga Nation are entitled to an annuity of $2,300 from the State of New York under the treaties of 1789 and 1795; that "the said nation has since the making of the said treaties become divided in their location and as is now believed about 88 persons thereof are now residing at Neosho, west of the Mississippi, and 125 are residing in the state of New York," and the treaty provides substantially for payment and distribution of the said $2,300 annuity to the two divisions of the nation in proportion to their respective numbers, It is agreed also that there shall be periodical enumeration of the Cayugas for the purpose of ascertaining these numbers. Page 356.

If the estimate of this treaty be correct there were at that time 213 Seneca-Cayugas in the United States.

By treaty with the United States of 23rd February, 1867 the united nation of Senecas and Shawnees was dissolved. The Senecas of both nations were united in one tribe, and the Shawnees were constituted as the "Eastern Shawnee tribe." Each party disposed of some of its land for which a cash payment was made, and the balance was capitalized at 5 per cent per annum. The Senecas of the Indian Territory, upon completion of this treaty held 81 square miles of land, and had $40,000 to their credit in the Indian Department. (United States Statutes at large, Vol. 15, Part 2, Treaties, page 29. Smithsonian Report, pages 844 and 855).

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The latest treaty appears to have been made on 27th March, 1871, at Cataraugus reservation, which is the Seneca reservation in the state of New York, between representatives of the transMississippi band, of the first part, and representatives of the New York band, of the second part. By this instrument the treaty of 24th June, 1850, is declared to be null and void. Mention is made. of "the enumeration of that portion of the Cayuga Nation of Indians residing west of the Mississippi, and the enumeration of that portion of said nation residing in the state of New York for the spring of 1871, and that as the said enumeration has already been completed by the said parties of the said nation aforesaid, and that the same has been submitted to and approved of and accepted by the respective parties, and as is now believed about 135 persons thereof are now residing at the Indian Territory west of the Mississippi river and that 154 persons are residing in the State of New York." Page 361.

The treaty then proceeds to provide for a proportionate distribution of the $2,300 annuity as between the western Cayugas and those within the state of New York, it being stipulated that for the current year, and for each succeeding year, the western Indians should receive $1,074.39, and those in New York $1,225.61.

In 1890 the witnesses produced from the state of New York and the Indian Territory deposed that there were 175 Cayugas in the state of New York, and 138 in the west. Pages 321, 166.

The information as to numbers thus available with respect to the Cayugas, other than those who settled at the Grand River, may therefore be summarized as follows:

In 1797 there were 120 Cayugas within the United States.

In 1831 the number did not exceed 90 upon the Seneca reservation in the state of New York, and 251 mixed Senecas and Cayugas in Ohio.

In 1846 there were not exceeding 138 Cayugas living with the Senecas in New York, and 98 mixed Senecas and Cayugas in the Indian Territory.

In 1850 there were not exceeding 125 Cayugas in the state of New York, and 88 mixed Senecas and Cayugas in the Indian Territory.

In 1871 the corresponding numbers were 154 in the state of