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At page 231 of American State Papers, Indian Affairs, Vol. 1, appears General Chapin's appointment as United States agent to the Six Nations. His reports to the Secretary of War show frequent meetings of the league, some upon United States and others upon Canadian territory. At some meetings both the British and United States Indian superintendents were present, and not infrequently the Indian councils were attended by British and United States military officers at the same time. (American State Papers, Indian Affairs,

Vol. 1, pages 477 to 481).

The United States and Canadian Iroquois had been meeting in council together up to the War of 1812, indifferent as to the territory upon which they met, and they remained as from the first a well organized national confederacy. In 1796 Farmer's Brother, an intense sympathiser with the United States, and who always resided in the state of New York, at a council held at the Grand River, in a speech addressed to Lord Dorchester on behalf of all present said: "Since the death of our late agent Lieutenant Colonel Butler our "minds have been much disturbed, and we have been in the dark owing to our not having an agent on the part of our Great "Father the King." He urged the appointment of a new agent, "so that our transactions with our brothers, the English, may go on as heretofore." In that year both branches met in council at the Grand River and raised up a successor to Fish Carrier. See page 843.

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After the declaration of war, at a council of the United States. Iroquois convened by General Granger, United States Indian Superintendent, 6th and 8th July, 1813, Red Jacket said:— "The Six Nations are placed in an unpleasant position. A part of "them are in Canada and the remainder in the United States. "Whilst we were endeavouring to persuade those who remained in "Canada to remain peaceable and quiet the noise of war suddenly "sounded in our ears. We were told that all communication

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between us and them would be prevented." Page 142.

They wrote to each other as brothers, and referred by name to their common chiefs during the progress of the war. Page 387.

After the war, on 31st August, 1815, at Niagara, there was held a council of reunion, at which the Six Nations from both sides of the international line attended. Page 860.

The names of the Cayuga sachems then ruling and residing in Canada are preserved. In addition to Kajinondawehhon, the bead sachem, there were eight other sachems, who may be easily identified by reference to the to the historical authorities,

and six chiefs. There were ten sachems allowed to the Cayuga nation by the ancient constitution, customs and laws of the nation and of the confederacy. The Canadian and United States Indians of the Six Nations met in council within Canada about 1840, and the Canadian Indians attended councils in the United States in or about 1848, and again in 1884. At these councils the Canadian Indian chiefs were recognized as the legitimate successors of the former common rulers. Pages 842, 951-957. See also Index under "Councils of Six Nations."

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POSSESSION OF THE TREATY OF 1795.

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The treaty of 1795 contains a very remarkable and important provision with respect to method of payment of the annuity. By the terms of the covenant payment is to be made "to the United "States agent for Indian Affairs or to an agent appointed by the "Governor to be by the said agent or person so to be appointed paid to the said Cayuga nation, taking their receipt therefor on the "back of the counterpart of this instrument in the possession of "the said Indians, in the words following, to wit:-'We the "Cayuga Nation do acknowledge to have received from the people "of the State of New York the sum of two thousand and three "hundred dollars in full for the several annuities within mentioned 66 as witness our hands at Canandaghque this "of 179 ,' which money shall be paid in the presence "of at least one of the magistrates of the County of Ontario and "in the presence of at least two more reputable inhabitants of the said county, and which magistrate and other persons in whose presence the same shall be paid shall subscribe their names as "witnesses to the said receipt and the said agent or other person so "to be appointed shall also take a duplicate receipt for the said money witnessed by the said witnesses and which duplicate shall, as soon as conveniently may, be acknowledged and recorded in "the records of the said County of Ontario and the original "duplicate transmitted to the Governor of this State for the time "being." Pages 940, 941.

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The date and place of payment were also stipulated.

By this means members of the nation who were to share per capita in the payment were afforded an opportunity to verify the receipts and accountability of their chiefs. The counterpart, as has been shown, immediately passed into the proper custody of the principal sachem of the nation. It has remained with the nation

in Canada ever since, except upon those occasions when it was taken to the state of New York for the purpose of receiving payment and recording the required receipts. There is no evidence that the New York remnant ever claimed the custody of the treaty either before or after the war. They could not of course consistently with all the facts and circumstances of the case have reasonably pretended to assert any such claim.

Ojageghti, to whom the counterpart was delivered, and who held the only personal claim to lands secured by it, resided at the Grand River. Pages 873, 843.

The letter of General Israel Chapin to Governor Jay of 4th April, 1797, reporting payment of the annuity, states that the treaty was then in the hands of the Grand River Indians. Page 369.

The possession of the treaty by the proper chiefs at the Grand River is established by documentary and oral evidence, some of which has been already referred to. It was the most important and valuable record of the nation and the continuous undisputed possession of it at the seat of government upon the Grand River is a circumstance of much evidential value in establishing the continuity and identity of the nation.

Mrs. George Monture, 81 years of age in 1889, saw the counterpart in the possession of her husband, who was a successor of Kajinondawehhon, in 1825, and her husband then told her that the family had had it for many years before that date. Page 58.

Mrs. Betsy Tom, 94 years of age in 1889, saw the treaty in the possession of Kajinondawehhon, when she was 12 years old, or in 1807. Pages 74, 78, 79.

Abram S. Hill, 86 years old in 1889, saw it in 1843. His stepfather was present at the making of the treaty, and he had told him that Ojageghti or Fish Carrier had brought it to Grand River and given it to Kajinondawehhon. Pages 88, 91, 95.

David Hill, 79 years of age in 1889, heard of the treaty in 1830, and that Fish Carrier had brought it to the Grand River and given it to Monture. Pages 201-207.

William Wedge, 63 years of age in 1889, saw the treaty in 1839, and heard the same tradition as to its having been brought to the Grand River by Fish Carrier. Pages 222, 223. William Henry, 66 years of age in 1889, about 1838, and heard the same account of it. Jacob Silversmith, 71 years of age in 1889, sion of the Montures in 1829 and heard the same report. Page 270. And see also Index, under "Treaty of 1795," custody.

saw the treaty in or Pages 238-240, 308. saw it in the posses

INTEREST.

If, as is alleged, payments of the annuity have been unjustly withheld, it is both reasonable and just and in accord with international authority and precedent, not only that the principal should now be paid, but also that interest should be allowed upon the payments of principal overdue. The nation should be compensated for the loss which it has sustained through the failure and refusal of the state to make good its treaty obligations. Interest at current rates should therefore be awarded, or an equivalent as damages for detention.

As the amount of the annuity was, pursuant to statute of the state of New York, fixed by computation at the rate of six per centum upon an agreed valuation of the lands, the interest for delay of payment should reasonably be computed at the same rate.

If the claim for current rates, or equivalent damages, cannot be established, it is submitted that there is the plainest equity for the exercise of the power conferred upon the Tribunal by article 4 of the terms of submission to allow interest at four per cent.

CLAIMS.

While the claim is made, conformably to the treaty, on behalf of the nation of Cayugas, who have not as a nation received any payment since 1809, it is not an object of this case to deny accountability for such payments of the annuity, if any, as, in due proportion, have reached the members of the nation, descendents of those who by their own hands or through their duly constituted representatives became parties to the treaty of 1795. The treaty provided especially, and for reasons which were essential, that payment should be made at a certain time and place, and that the evidence should be recorded in a special manner. If the state saw fit to depart from the conventional rules of payment, it assumed the risk of the departure. It is not proposed now to anticipate the defence, if any, which may be pleaded, further than to submit that, in so far as it may involve payment, the burden rests with the state and can be discharged, if at all, only in so far as it may be shown that the payments which were in fact made to the Seneca-Cayugas came to the hands of Cayugas who were entitled to participate, and did not exceed the proper shares in which they were so entitled.

antedating considerably the time when a change of policy on the part of the state led to the interruption of payments to the nation and the diversion of the annuity to the Seneca-Cayugas, who had no representative claim, and who could not therefore discharge the conventional engagement, even if, which is not admitted, some of them might have been entitled to distributive shares from the treatyholding nation.

His Majesty's Government on behalf of the said nation and its posterity therefore claim:—

1. Payment of the said annuity of $2,300 from 1810 to the present date inclusive.

2. Interest upon the several payments withheld, from the respective dates of maturity, at six per cent, or at such rates respectively as were from time to time current in the state of New York, or at a reasonable rate to be fixed by the Tribunal.

3. A declaration that the Cayuga nation is entitled for the future to be paid the said annuity in accord with the stipulations of the treaty of 1795.

4. In the alternative, the aforesaid payments with interest as aforesaid, subject to account and deduction by the United States or the state of New York in respect of such sums, paid by the state of New York to the Seneca-Cayugas and interest thereon, as may be shown to have been received by members of the nation, not in excess of their proper distributive shares as such individual members.

5. Again in the alternative, payment of a portion of the said annuity for the period aforesaid, to be ascertained by reference to the number of Cayugas residing in Canada at the respective dates for payment in proportion to the number of those then residing in the United States.

6. Damages measured by the loss sustained by the Canadian Cayugas and their ancestors through the withholding of the annuity.

7. Such other relief in accordance with treaty rights, and with the principles of International Law or Equity, as the Tribunal shall deem just.

PARTICULARS.

103 annuities of $2,300 each unpaid and overdue on

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