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No. 4. Contracts between the state of New York and different tribes of Contracts bethe Six Nations of Indians, specifying their several cessions and reserva- tween New tions of land, &c.

York and the
Six Nations.

Letter from

Jefferson.

On the 19th of April, 1793, George Clinton, governor of New York, transmitted to Thomas Jefferson, secretary of state George Clinof the United States, an exemplification of the different treaties ton to Thomas entered into by that commonwealth with the Indians of the Six Nations, subsequent to the conclusion of the war of the American revolution. In his letter to Mr. Jefferson, governor Clinton says, "I had written to the clerk of the city of Albany, and did not receive his answer until yesterday: He informs, as I suspected, that the superintendent of Indian affairs under the Brit- The British ish government, was, at the commencement of the revolution, superintendpossessed of all the records and documents respecting Indian the records of affairs, and took them with him when he left the country." Indian affairs. The exemplification, thus transmitted, contains a transcript from the record book of Indian deeds, remaining in the office of the secretary of the state of New York, and commencing in the year 1748. This transcript embraces,

ent took off

and Tuscaro

1. A deed, executed by the sachems and chief warriors of Deed from the Oneida and Tuscarora nations, at a treaty held at fort Her- the Oneidas kimer with George Clinton and other commissioners for Indian ras, at a treaty affairs for the state of New York, whereby the aforesaid sachers held at fort Herkimer, on and chief warriors conveyed, on the 28th day of June, 1785, the 28th June. for the consideration of $11,500, in goods and money, ❝ all 1785. that tract of land situate on the west side of the line commonly called the line of property, established at a treaty held at fort

Contracts with

the Ononda

gas, at a treaty held at fort Schuyler, on

the 12th of September, 1788.

Stanwix in 1768, and on the north side of the Pennsylvania line, beginning at the mouth of the Unadilla, or Tianaderha river, where the same empties into the Susquehanna river; thence up the said Unadilla, or Tianaderha river, ten miles measured on a strait line, thence due west to the Chenango river, thence southerly 'down the said Chenango river to where it empties into the said Susquehanna river, and to the said line, called the line of property, thence along the said line to the place of beginning; so as to comprehend all the land belonging to the Oneida and Tuscarora nations lying south of the said line to be run from the said Unadilla, or Tianaderha river, to the Chenango river, and north of the division line between the state of New York and the state of Pennsylvania; together, with all ways, waters, water courses, rivers, rivulets, creeks, and streams, of water, and also all mines and minerals, which are or may be found thereon," &c.

2. A contract, executed by the tribe or nation of Indians called the Onondagas, at a treaty held at fort Schuyler, (formerly called fort Stanwix,) with George Clinton and William Floyd, Ezra L'Hommedieu, Richard Varick, Samuel Jones, Egbert Benson, and Peter Ganesvoort, jr. commissioners on behalf of the people of the state of New York, whereby the aforesaid Onondagas stipulated, on the 12th day of September, 1788, as follows: "First: the Onondagas do cede and grant all their lands to the people of the state of New York forever. Secondly: the Onondagas shall, of the said ceded lands, hold to themselves and their posterity, forever, for their own use and cultivation, but not to be sold, leased, or in any other manner aliened or disposed of to others, all that tract of land beginning at the southerly end of the Salt Lake, at the place where the river or stream on which the Onondagas now have their village, empties into the said lake, and runs from the said place of beginning east three miles, thence southerly according to the general course of the said river, until it shall intersect a line running east and west at the distance of three miles south from the said village, thence from the said point of intersection west nine miles, thence northerly parallel to the second course above mentioned, until an east line will strike the place of beginning, and thence cast to the said place of beginning: Thirdly: the Onondagas and their posterity, forever, shall enjoy the free right of hunting in every part of the said ceded lands, and of fishing in all the waters within the same. Fourthly: the Salt Lake, and the lands for one mile round the same, shall forever remain for the common benefit of the people of the state of New York, and of the Onondagas and their posterity, for the purpose of making salt, and shall not be granted, or in any wise disposed of for other purposes. Fifthly: in consideration of the said cession and grant, the people of the state of New York do, at this treaty,

pay to the Onondagas, one thousand French crowns in money, and two hundred pounds in clothing, at the price which the same cost the people of the state of New York. And the people of the state of New York shall annually pay to the Onondagas and their posterity, forever, on the first day of June, in every year, at fort Schuyler, five hundred dollars in silver; but if the Onondagas, or their posterity, shall, at any time hereafter, elect, that the whole or any part of the said five hundred dollars shall be paid in clothing or provisions, and give six weeks' previous notice thereof to the governor of the said state for the time being, then, so much of the annual payment shall, for that time, be in clothing or provisions, as the Onondagas or their posterity shall elect, and at the price which the same shall cost the people of the state of New York, at fort Schuyler aforesaid. Sixthly: the people of the state of New York may, in such manner as they shall deem proper, prevent any persons, except the Onondagas, from residing or settling on the lands so to be held by the Onondagas and their posterity, for their own use and cultivation; and if any person shall, without the consent of the people of the state of New York, come to reside or settle on the said lands, or on any other of the lands so ceded, as aforesaid, the Onondagas and their posterity shall forthwith give notice of such intrusions to the governor of the said state for the time being; and further, the Onondagas and their posterity forever, shall, at the request of the governor of the said state, be aiding to the people of the state of New York in removing all such intruders, and in apprehending, not only such intruders, but also felons and other offenders, who may happen to be on the said ceded lands, to the end that such intruders, felons, and other offenders, may be brought to justice."

at a treaty

the 22d of

3. A contract, executed at a treaty held at fort Schuyler, Contract with (formerly fort Stanwix,) by the Oneida tribe or nation of Indi- the Oneidas ans, on the 22d of September, 1788, with George Clinton, held at fort William Floyd, Ezra L'Hommedieu, Richard Varick, Samuel Schuyler, on Jones, Egbert Benson, and Peter Gansevoort, junior, commis- September, sioners on behalf of the state of New York, by which the Onei- 1788. das entered into the following stipulations: "First: The Oneidas do cede and grant all their lands to the people of the state of New York, forever. Secondly: of the said ceded lands, the following tract to wit: beginning at the Wood creek opposite to the mouth of the Canada creek, and where the line of property comes to the said Wood creek, and runs thence southerly to the northwest corner of the tract to be granted to John Francis Perache, thence along the westerly bounds of the said tract to the southwest corner thereof, thence to the northwest corner of the tract granted to James Dean, thence along the westerly bounds thereof to the southwest corner of the last mentioned tract, thence due south until it intersects a due west line from

at a treaty held at fort Schuyler, on the 22d of

September,

1788.

Contract with the head of the Tianaderha or Unadilla river, thence from the the Oneidas, said point of intersection due west until the Deep Spring bears due north, thence due north to the Deep Spring, thence the nearest course to the Canaseraga creek, and thence along the said creek, the Oneida lake and the Wood creek, to the place of beginning, shall be reserved for the following several uses; that is to say the lands lying to the northward of a line parallel to the southern line of the said reserved lands, and four, miles distant from the said southern line, the Oneidas shall hold to themselves and their posterity, forever, for their own use and cultivation, but not to be sold, leased, or in any other manner aliened or disposed of, to others. The Oneidas may, from time to time, fōrever, make leases of the lands between the said parallel lines, (being the residue of the said reserved lands,) to such persons, and on such rents reserved, as they shall deem proper, but no lease shall be for a longer term than twenty-one years from the making thereof; and no new lease shall be made until the former lease of the same lands shall have expired. The rents shall be to the use of the Oneidas and their posterity, forever. And the people of the state of New York shall, from time to time, make provision by law to compel the lessees to pay the rents, and in every other respect to enable the Oneidas and their posterity to have the full benefit of their right so to make leases and to prevent frauds on them respecting the same; and the Oneidas and their posterity, forever, shall enjoy the free right of hunting in every part of the said ceded lands, and of fishing in all the waters within the same; and, especially, there shall forever remain ungranted by the people of the state of New York, one half mile square, at the distance of every six miles of the lands along the northern bounds of the Oneida lake, one half mile in breadth of the lands on each side of the Fish creek, and a convenient piece of land at the fishing place in the Onondaga river, about three miles from where it issues out of the Oneida lake, and to remain as well for the Oneidas, and their posterity, as for the inhabitants of the said state to land and encamp on: But notwithstanding any reservation to the Oneidas, the people of the state of New York may erect public works and edifices as they shall think proper, at such place and places, at or near the confluence of the Wood creek and the Oneida lake, as they shall elect; and may take and appropriate for such works or buildings, lands to the extent of one square mile, at each place: and further, notwithstanding any reservations of lands to the Oneidas, for their own use, the New England Indians (now settled at Brotherton, under the pastoral care of the reverend Samson Occum) and their posterity forever, and the Stockbridge Indians and their posterity forever, are to enjoy their settlements on the lands heretofore given to them by the Oneidas for that purpose; that is to say: a tract of two miles in breadth and three

at a treaty

the 22d of

miles in length for the New England Indians, and a tract of six Contract with miles square for the Stockbridge Indians. Thirdly: in consid- the Oneidas, eration of the said cession and grant, the people of the state of held at fort New York do, at this treaty, pay to the Oneidas two thousand Schuyler, on dollars in money, two thousand dollars in clothing and other September, goods, and one thousand dollars in provisions; and also five 1788. hundred dollars in money, to be applied towards building a grist mill and saw mill, at their village: and the people of the state of New York shall annually pay to the Oneidas, and their posterity, forever, on the first day of June, in every year, at fort Schuyler, six hundred dollars in silver: but if the Oneidas, or their posterity, shall, at any time hereafter, elect that the whole, or any part, of the said six hundred dollars, shall be paid in clothing or provisions, and give six weeks' previous notice thereof to the governor of the said state for the time being, then so much of the annual payment shall, for that time, be in clothing or provisions, as the Oneidas and their posterity shall elect, and at the price which the same shall cost the people of the state of New York at fort Schuyler. And as a further consideration to the Oneidas, the people of the state of New York shall grant to the said John Francis Perache, a tract of land, beginning in the line of property, at a certain cedar tree, near the road leading to Oneida, and ruhs from the said cedar tree, southerly, along the line of property, two miles: then westerly, at right angles, to the said line of property, two miles; then northerly, at right angles, to the last course, two miles, and then to the place of beginning; which the said John Francis Perache hath consented to accept from the Oneidas, in satisfaction for an injury done to him by one of their nation. And further, the lands intended by the Oneidas for John T. Kirkland, and for George W. Kirkland, being now appropriated to the use of the Oneidas, the people of the state of New-York shall, therefore, by a grant of other lands, make compensation to the said John T. Kirkland and George W. Kirkland. And further, that the people of the state of NewYork shall, as a benevolence from the Oneidas to Peter Penet, and in return for services rendered by him to their nation, grant to the said Peter Penet, of the said ceded lands lying to the northward of the Oneida lake, a tract of ten miles square, wherever he shall elect the same. Fourthly: the people of the state of New-York may, in such manner as they shall deem proper, prevent any persons, except the Oneidas, from residing or settling on the lands so to be held by the Oneidas and their posterity, for their own use and cultivation. And if any person shall, without the consent of the people of the state of New-York, come to reside or settle on the said lands, or on any other of the lands so ceded as aforesaid, except the lands whereof the Oneidas. may make leases as aforesaid, the Oneidas and their posterity shall forthwith give notice of such intrusions to the governor of

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