Schuyler, on the

to say a tract of two miles in breadth and three miles in Contract with the Oneidas, at a trealength for the New England Indians, and a tract of six miles ty held at Fort square for the Stockbridge Indians. Thirdly. In considera- 22d of September, tion of the said cession and grant, the people of the State of 1788. New York do, at this treaty, pay to the Oneidas two thousand dollars in money, two thousand dollars in clothing and other goods, and one thousand dollars in provisions; and, also, five 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 runs 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 New York 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 persons 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

Contract with the Cayugas, at a treaty held at Albany, on the 25th of Feb ruary, 1763.

the said State for the time being. And, further, the Oneidas 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. Before the execution hereof, the Oneidas, in public council, declared to the commissioners that they had, in return for his frequent good offices to them, given to John J. Bleecker, of the lands reserved for their own use, one mile square, adjoining to the lands of James Dean, and requested that the same might be granted and confirmed to him by the State."

4. A contract executed by the sachems, chiefs, and warriors, of the tribe or nation of Indians called the Cayugas, at a treaty held in the city of Albany, with George Clinton, Pierre Van Courtlandt, Ezra L'Hommedieu, Abraham Ten Broeck, John Hathorn, Samuel Jones, Peter Gansevoort, junior, and Egbert Benson, commissioners on behalf of the State of New York, by which the said sachems, chiefs, and warriors, of the Cayugas, covenanted, on the 25th of February, 1789, as follows: "First. The Cayugas do cede and grant all their lands to the people of the State of New York, forever. Secondly. The Cayugas shall, of the said ceded lands, hold to themselves and to 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 Cayuga salt spring, on the Seneka river, and running thence, southerly, to intersect the middle of a line to be drawn from the outlet of Cayuga to the outlet of Waskongh, and from the said place of intersection, southerly, the general course of the eastern bank of the Cayuga lake; thence, westerly, to intersect a line running on the west side of the Cayuga lake, at the mean distance of three miles from the western bank thereof; and from the said point of intersection, along the said line, so running on the west side of the Cayuga lake, to the Seneka river; thence down the said river, to the Cayuga lake; thence, through the said lake, to the outlet thereof; thence, further down the said Seneka river, to the place of beginning, so as to comprehend within the limits aforesaid, and exclusive of the water of Cayuga lake, the quantity of one hundred square miles. Also, the place in the Seneka river, at or near a place called Skayes, where the Cayugas have heretofore taken eel; and a competent piece of land on the southern side of the river, at the said place, sufficient for the Cayugas to land and encamp on, and to cure their cel. Excepted, nevertheless, out of the said lands so reserved, one mile square at the Cayuga ferry. Thirdly. The Cayugas 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

Cayugas, at a trea

ruary, 1789.

the same. Fourthly. In consideration of the said cession Contract with the and grant, the people of the State of New York do, at this ty held at Albany, present treaty, pay to the Cayugas five hundred dollars in on the 25th of Febsilver; and the people of the State of New York shall pay to the Cayugas, on the first day of June next, at Fort Schuyler, (formerly called Fort Stanwix,) the further sum of one thousand six hundred and twenty-five dollars; and, also, the people of the State of New York shall annually pay to the Cayugas and their posterity, forever, on the first day of June, in every year thereafter, at Fort Schuyler aforesaid, five hundred dollars in silver. But if the Cayugas or their posterity shall, at any time hereafter, elect that the whole or any part of the said annual payment of 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 Cayugas 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. And, as a further consideration to the Cayugas, the people of the State of New York shall grant to their adopted child, Peter Ryckman, whom they have expressed a desire should reside near them, to assist them, and as a benevolence from them, the Cayugas, to him, and in return for services rendered by him to their nation, the said tract of one mile square at the Cayuga ferry, excepted out of the said lands reserved to the Cayugas for their own use and cultivation, that of a tract beginning on the west bank of the. Seneka lake; thence, running due west, (passing one chain north of a house lately erected, and now in the occupation of the said Peter Ryckman,) to the line of partition between this State of New York and the Commonwealth of Massachusetts, of the lands ceded to each other; thence, due south, along the said line of partition; thence, due east, to the Seneka lake; thence, northerly, along the bank of the said lake, to the place of beginning, so as to contain sixteen thousand acres. The people of the State of New York shall grant three hundred and twenty acres to a white person married to a daughter of a Cayuga named Thaniowes, including the present settlement of the said person on the south side of Caghsion creek; and that the people of the State of New York shall grant the residue of the said tract of sixteen thousand acres to the said Peter Ryckman. Fifthly. The people of the State of New York may, at all times hereafter, in such manner and by such means as they shall deem proper, prevent any persons, except the Cayugas and their adopted brethren the Paanese, from residing or settling on the lands to be held by the Cayugas and their posterity, for their own use and cultivation. And if any persons shall, without the consent of the people of the State of New York, come to reside or settle on the said lands, or any other of the lands so ceded as aforesaid, the Cayugas and their posterity shall forth

Cayugas, at a trea

Contract with the with give notice of such intrusions to the Governor of the ty held at Albany, Said State for the time being: and, further, the Cayugas and on the 25th of Feb their posterity, forever, shall, at the request of the Governor

ruary, 1769,

Acknowledgment, confirmation, &c.,

a treaty held at

of the said State, be aiding to the people of the State of New York in removing all such intruders, and apprehending, not only such intruders, but 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. Notwithstanding the said reservation hereinabove specified to the Cayugas, it is declared to be the intent of the parties that the Cayuga called the Fish Carrier shall have a mile square of the said reserved lands, for the separate use of himself, and for the separate use of his family, forever. Before sealing and delivery hereof, it was, for the greater certainty, declared to be the intent of the parties, that this grant and cession is only of the lands eastward of the partition line above mentioned, between this State of New York and the Commonwealth of Massachusetts; and that, with respect to such part of their country as is to the westward of the said partition line, the right and property of the Cayugas to be the same as if this grant and cession had not been made. The Cayuga salt spring, and the land to the extent of one mile around the same, to remain for the common use and benefit of the people of the State of New York, and of the Cayugas and their posterity, forever. And the land to be reserved at the fishing-place near Skayes shall be of the extent of one mile on each side of the river, the above reservation of land on the southern side of the river, only, notwithstanding."

5. At a treaty held at Fort Stanwix, on the 22d of June, by the Cayugas, at 1790, between George Clinton, Pierre Van Cortlandt, Ezra Fort Stanwix, on L'Hommedieu, Abraham Ten Broeck, Peter Gansevoort, the 22d of June, junior, and Richard Varick, commissioners on behalf of the

1790.

State of New York, and the sachems, chiefs, and warriors, of the tribe or nation of Indians called the Cayugas, the latter acknowledged to have received from the people of the State of New York the sum of five hundred dollars in silver, being the annual payment stipulated to be made to the said Cayugas, by the (next preceding) contract of the 25th of February, 1789; and, also, the further sum of one thousand dollars, as a benevolence. To this acknowledgment is added the following stipulation: "And we, the said Cayugas, in consideration thereof, do, by these presents, fully, freely, and absolutely, ratify and confirm the said agreement and cession, and all and singular the articles, covenants, matters, and things therein expressed and contained, on the part of us, the said Cayugas, done, or to be done, executed, or performed and we, the said Cayugas, do further hereby grant and release, to the people of the State of New York, all our right, interest, and claim, in and to all lands lying east of the line of cession by the State of New York to the Common

wealth of Massachusetts, except the lands mentioned in the deed of cession, (of the 25th of February, 1789,) to be reserved to us, the Cayugas, and our posterity."

and confirmation

at a council fire Fort

16th of June, 1790.

6. At a council fire kindled at Fort Stanwix, on the 16th Acknowledgment day of June, 1790, at which were present George Clinton, by the Onondagas, Pierre Van Cortlandt, Ezra L'Hommedieu, Abraham Ten kindled at Broeck, Peter Gansevoort, junior, and Richard Varick, com- Stanwix, on the missioners on behalf of the State of New York, and the sachems, chiefs, and warriors, of the tribe or nation of Indians called the Onondagas, the latter acknowledged to have received from the people of the State of New York the sum of five hundred dollars in silver, being the annual payment stipulated to be made to the said Onondagas, by the contract of the twelfth of September, 1788, and, also, the further sum of five hundred dollars, as a benevolence: "And the said Onondagas do, by these presents, fully, freely, and absolutely, ratify and confirm the said agreement and deed of cession, and all and singular the articles, covenants, and things therein expressed and contained, on the part of the said Onondagas, done, or to be done, executed, or performed."

[Note.-Some of the Indian tribes composing the Six Nations are parties to other treaties or contracts, entered into with or under the sanction of the United States, to wit: the two contracts of Buffalò creek, of the 30th of June, 1802, and the treaty of Oneida, of the 2d of December, 1794.]

[See Part II, Nos. 44, 47.]

No. 11.

Contract between the State of New York and the Seven Nations (of Indians) of Canada, entered into under the sanction of the United States of America.*

Seven Nations.

No. 1. At a treaty held at the city of New York, with the nations or tribes of Contract between Indians denominating themselves the Seven Nations of Canada, Abraham Og- New York and the den, commissioner, appointed under the authority of the United States to hold the treaty, Ohnaweio, alias Goodstream, Teharagwanegen, alias Thomas Williams, two chiefs of the Caghnawagas; Atiatoharongwan, alias Colonel Lewis Cook, a chief of the St. Regis Indians, and William Gray, deputies, authorized to represent the Seven Nations or tribes of Indians at the treaty, and Mr. Gray serving also as interpreter; Egbert Benson, Richard Varick, and James Watson, agents for the State of New York; William Constable and Daniel McCormick, purchasers under Alexander Macomb :

Nations to

York of lands with

The agents for the State having, in the presence and with Cession by the the approbation of the commissioner, proposed to the depu- the State of New ties for the Indians the compensation hereinafter mentioned, in that State. for the extinguishment of their claim to all lands within the State, and the said deputies being willing to accept the same, it is thereupon granted, agreed, and concluded, between the

*

By act of March 30, 1802, no purchase of lands from Indian tribes or nations is valid in law or equity, unless made by treaty, pursuant to the constitution. By the same act, it is made a misdemeanor in any person, not employed under the authority of the United States, to treat with any Indian nation or tribe of Indians, for the title or purchase of any lands by them held or claimed, and punishable by fine and imprisonment.