ing on the north bank of Cataraugos creek; thence down the same and along the several meanders thereof to the place of beginning. To hold to the said parties of the first part, in the same manner and by the same tenure, as the lands reserved by the said parties of the first part in and by the said treaty or convention, entered into on Genesee river, the 15th day of September, one thousand seven hundred and ninety-seven, as aforesaid, .were intended to be held. In testimony whereof, the parties to these presents have hereunto, and to two other indentures of the same tenor and date, one to remain with the United States, one to remain with the said parties of the first part, and one other to remain with the said parties of the second part, interchangeably set their hands and seals the day and year first above written. Jaspar Parrish, interpreters. 1. s. Done at a full and general treaty of the Seneka nation of Indians, held at Buffalo creek, in the county of Ontario, and state of New York, on the thirtieth day of June, in the year of our Lord one thousand eight hundred and two, under the authority of the United States. In testimony whereof, I have hereunto set my hand and seal the day and year aforesaid. JOHN TAYLER, [L. s.] No. 9. Contract entered into under the sanction of the United States of Contract beAmerica, between Robert Morris and the Seneka nation of Indians. tween Robert Morris and This indenture, made the fifteenth day of September, in the the Senekas. year of our Lord one thousand seven hundred and ninety-seven, between the sachems, chiefs, and warriors of the Seneka nation of Indians, of the first part, and Robert Morris, of the city of Philadelphia, esquire, of the second part. No. 6 of this Whereas the commonwealth of Massachusetts have granted, bargained, and sold unto the said Robert Morris, his heirs and assigns, forever, the pre-emptive right, and all other the right, title, and interest, which the said commonwealth had to all that tract of land hereinafter particularly mentioned, being part of a tract of land lying within the state of New York, the right of pre-emption of the soil whereof, from the native Indians, was ceded and granted by the said state of New York, to the said commonwealth: and whereas, at a treaty held under the authority of the United States, with the said Seneka nation of Indians, at Genesee, in the county of Ontario, and state of New York, on the day of the date of these presents, and on sundry days immediately prior thereto, by the honorable Jeremiah Wadsworth, esquire, a commissioner appointed by the president of the United States to hold the same, in pursuance of the constitution, and of the act of the congress of the United States, (*See note to in such case made and provided, it was agreed, in the presence chapter at the and with the approbation of the said commissioner, by the bottom of the sachems, chiefs, and warriors of the said nation of Indians, for page.) themselves and in behalf of their nation, to sell to the said Robert Morris, and to his heirs and assigns, forever, all their right to all that tract of land above recited, and hereinafter particularly specified, for the sum of one hundred thousand dollars, to be by the said Robert Morris vested in the stock of Robert Morthe Bank of the United States, and held in the name of the pres- $100,000 in ident of the United States, for the use and behoof of the said na- bank stock for tion of Indians, the said agreement and sale being also made in the use of the Sepekas, &c. the presence, and with the approbation of the honorable William Shepard, esquire, the superintendent appointed for such purpose, in pursuance of a resolve of the general court of the commonwealth of Massachusetts, passed the eleventh day of March, in the year of our Lord one thousand seven hundred and ninetyone: now this indenture witnesseth, that the said parties, of the first part, for and in consideration of the premises above recited, and for divers other good and valuable considerations them thereunto moving, have granted, bargained, sold, aliened, released, enfeoffed, and confirmed; and by these presents do grant, bargain, sell, alien, release, enfeoff, and confirm, unto the said party of the second part, his heirs and assigns, forever, all that certain tract of land, except as is hereinafter excepted, lying within the county of Ontario, and state of New York, being part ris to vest Boundary of to Robert Morris. of a tract of land, the right of pre-emption whereof was ceded - by the state of New York to the commonwealth of Massachusetts, by deed of cession executed at Hartford, on the sixteenth day of December, in the year of our Lord one thousand seven hundred and eighty-six, being all such part thereof as is not included in the Indian purchase made by Oliver Phelps and Nathaniel Gorham, and bounded as follows, to wit: easterly, by the lands sold the land confirmed to Oliver Phelps and Nathaniel Gorham by the legislature of the commonwealth of Massachusetts, by an act passed the twenty-first day of November, in the year of our Lord one thousand seven hundred and eighty-eight; southerly, by the north boundary line of the state of Pennsylvania; westerly, partly by a tract of land, part of the land ceded by the state of Massachusetts to the United States, and by them sold to Pennsylvania, being a right angled triangle, whose hypothenuse is in or along the shore of lake Erie; partly by lake Erie, from the northern point of that triangle to the southern bounds of a tract of land one mile in width, lying on and along the east side of the strait of Niagara, and partly by the said tract to lake Ontario; and on the north by the boundary line between the United States and the king of Great Britain; excepting nevertheless, and alReservations ways reserving out of this grant and conveyance, all such pieces to the Sene- or parcels of the aforesaid tract, and such privileges thereunto belonging, as are next hereinafter particularly mentioned, which said picces or parcels of land so excepted, are, by the parties to these presents, clearly and fully understood to remain the property of the said parties of the first part, in as full and ample manner as if these presents had not been executed: that is to say, excepting and reserving to them, the said parties of the first part, and their nation, one piece or parcel of the aforesaid tract, at Canawagus, of two square miles, to be laid out in such manner as to include the village, extending in breadth one mile along the river; one other piece or parcel at Big Tree, of two square miles, to be laid out in such manner as to include the village, extending in breadth along the river one mile; one other piece or parcel of two square miles at Little Beard's town, extending one mile along the river, to be laid off in such manner as to include the village; one other tract of two square miles, at Squawky Hill, to be laid off as follows, to wit: one square mile to be laid off along the river, in such manner as to include the village, the other directly west thereof and contiguous thereto; one other piece or parcel at Gardeau,* beginning at the mouth of Steep Hill creek, thence due east until it strikes the old path, thence south until a due west line will intersect with certain steep rocks on the west side of Genesee river, then extending due west, due north, and due east, until it strikes the kas. This reservation was sold by the Senekas, September 3, 1823, to John Greig and Henry B. Gibson. See post. No. 11, of this chapter. and others, by another tract contract, &c.) first mentioned bound, enclosing as much land on the west side as on the east side of the river. One other piece or parcel at Kaounadeau, extending in length eight miles along the river and two miles in breadth. One other piece or parcelt at Cataraugos, (+This is a beginning at the mouth of the Eighteen mile or Koghquaugu ed, ceded, tract exchangcreek, thence a line or lines to be drawn parallel to lake Erie, at &c. to Wilthe distance of one mile from the lake, to the mouth of Catarau- hem Willink, gos creek, thence a line or lines extending twelve miles up the the preceding north side of said creek at the distance of one mile therefrom, contract, No. 8, to which thence a direct line to the said creek, thence down the said creek this is annexto lake Erie, thence along the lake to the first mentioned creek, ed.) and theuce to the place of beginning. Also, one other piece‡ (And this is at Cataraugos, beginning at the shore of lake Erie, on the south so exchanged, side of Cataraugos creek, at the distance of one mile from the &c. by the preceding mouth thereof, thence running one mile from the lake, thence on a line parallel thereto to a point within one mile from the Connondauweyea creek, thence up the said creek one mile, on a line parallel thereto, thence on a direct line to the said creek, thence down the same to lake Erie, thence along the lake to the place of beginning. Also one other piece or parcel of fortytwo square miles, at or near the Allegenny river. Also, two hundred square miles, to be laid off partly at the Buffalo and partly at the Tannawanta creeks. Also excepting and reserving to them, the said parties of the first part and their heirs, the privilege of fishing and hunting on the said tract of land hereby intended to be conveyed. And it is hereby understood by and between the parties to these presents, that all such pieces or parcels of land as are hereby reserved, and are not particularly described as to the manner in which the same are to be laid off, shall be laid off in such manner as shall be determined by the sachems and chiefs residing at or near the respective villages where such reservations are made, a particular note whereof to be endorsed on the back of this deed, and recorded therewith, together with all and singular the rights, privileges, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining. And all the estate, right, title, and interest whatsoever, of them the said parties of the first part and their nation, of, in, and to the said tract of land above described, except as is above excepted, to have and to hold all and singular the said granted premises, with the appurtenances, to the said party of the second part, his heirs and assigns, to his and their proper use, benefit, and behoof forever. In witness whereof, the parties to these presents have here- Robert Morris, by his attorney, Thomas Morris, 1. s. 1. s. Kaoundoowana, als. Pollard, his x mark, 1. s. 1. s. 1. s. 1. s. 1. s. 1. s. 1. s. Ouneashataikau, or Tall Chief, by his agent, Stevenson, his x mark, 1. s. Teahdowainggua, als. Thos. Jemison, his x mark, Onnonggaiheko, als. Infant, his x mark, 1. s. 1. s. Tekonnondee, his x mark, 1. s. Oneghtaugooau, his x mark, 1. s. Connawaudeau, his x mark, 1. S. 1. s. Taosstaiefi, his x mark, Koeentwahka, or Corn Planter, his x mark, 1. s. Oosaukaunendauki, als. to Destroy a Town, his x mark, 1. s. Sooeoowa, alias Parrot Nose, his x mark, 1. s. Toonahookahwa, his x mark, 1. s. Howwennounew, his x mark, 1. s. Kounahkaetoue, his x mark, 1. s. Taouyaukauna, his x mark, 1. s. Woudougoohkta, his x mark, 1. s. Sonauhquaukau, his x mark, 1.s. Twaunauiyana, his x mark, 1. s. 1. s. Takaunoudea, his x mark, Shequinedaughque, or Little Beard, his x mark, 1. s. Jowaa, his x mark, 1. s. Saunajee, his x mark, 1. s. Tauoiyuquatakausea, his x mark, 1. s. Taoundandish, his x mark, 1. s. Tooauquinda, his x mark, 1. S. Ahtaou, his x mark, 1. s. Taukooshoondakoo, his x mark, 1. s. Kauneskanggo, his x mark, 1. s. Soononjuwau, his x mark, 1. 9. Tonowaniya, or Captain Bullet, his x mark, 1. s. Jaahkaaeyas, his x mark, 1. s. Taugihsbauta, his x mark, 1. s: Sukkenjoonau, his x mark, 1. s. Ahquatieya, or Hot Bread, his x mark, 1. s. Suggonundau, his x mark, 1. s. Taunowaintooh, his x mark, 1. s. Konnonjoowauna, his x mark, 1. s. Soogooeyandestak, his x mark, 1. s. Hautwanauekkau, by Young King, his x mark, 1. s. Sauwejuwau, his x mark, 1. s. Kaunoohshauwen, his x mark, 1, s. Taukonondaugekta, his x mark, 1. s. Kaouyanoughque, or John Jemison, his x mark, 1. s. Hoiegush, his x mark, 1. s. Taknaahquau, his x mark, 1. s. Sealed and delivered in presence of Nat. W. Howell, Joseph Ellicott, Israel Chapin, James Rees, Henry Aaron Hills, Henry Abeel, Jaspar Parrish, Horatio Jones, interpreters. |