EXHIBIT 245. Condition of the New York Indians.1 CHANGE OF POSITION OF THE IROQUOIS. Cessions of TERRITORY BY THEM TO THE STATE OF NEW YORK. TREATY OF CANANDAIGUA. The treaty of Versailles having ignored the national existence of the Indians, they were compelled to negotiate directly with the Republic. The Iroquois, or Six Nations, who had been the most determined enemies of the Americans, made the first treaty in which the question of territory was mooted, which was concluded and signed at Fort Stanwix, October 22, 1784, in presence of the commissioners, Oliver Wolcott, Richard Butler, and Arthur Lee. By the terms of this instrument they ceded a strip of land, beginning at the mouth of Oyonwaye creek on Lake Ontario, four miles south of the Niagara portage path, and running southerly to the mouth of the Tehosaroro, or Buffalo creek, thence to the Pennsylvania line, and along its north and south boundary, to the Ohio river. They relinquished any claim by right of conquest, to the Indian country west of that boundary. Their right of property in the territory situate in the State of New York, eastward of the Oyonwaye line, embracing the fertile region of western New York, remained unaffected, and the territory of the Oneidas was guaranteed to them. By this treaty, the tribes who had fought against the colonies covenanted to deliver up all prisoners, white and black, taken during the war; and as a guaranty that this should be done, six chiefs were held as hostages. This treaty was finally confirmed by all the Iroquois sachems in a council held by General St. Clair, at Fort Harmer, on the Ohio, January 9, 1789.2 3 New York had been the arena of the entire Iroquois development. According to the earliest traditions, they entered it in trans-historical times, by way of the Oswego river, and assumed separate names and tribal distinctions after their geographical 'Henry R. Schoolcraft's History of the Indian Tribes of the United States, Part VI of the Series, p. 323. (1857.) 2U. S. Treaties, p. 20. Cusic, Vol. V., p. 636. [Appearing in original text.] dispersion over it. Their confederation, under the title of Akquinashioni, is by far the most interesting problem in the history of the Vesperic1 groups of the North American tribes. This combination enabled them to attain the prominent position, as military tribes, which they held when the country was discovered. By it they had maintained the integrity of their territory against the persevering attempts of the French, after the settlement of Canada, to encroach upon their rights; and hence they united the more readily with the English in the Revolutionary struggle. * Evidence exists2 that these agreements [New York State Treaties] to pay the tribes, in 'coin, goods, and provisions, were scrupulously complied with, and have been continued to the present day; every attention and respect having been manifested by New York for the habits and wants of the Indians, who have, likewise, received special gratuities. These transactions constituted the first practical lesson in civil polity, and the details of public business, which the Iroquois received. The respect paid to their sachems; the care and accuracy with which the titles of the respective tribes to their lands were inquired into; and the good faith with which the State at all times fulfilled its engagements, rendering and requiring even-handed justice, formed an example which was not lost on a people, celebrated, from early days, for their political position and influence." Civil life was regarded by them with greater respect than heretofore, and its influence caused them to act with a stricter sense of responsibility than they had done in past times. EXHIBIT 246. Property among the Indians. In modern society every foot of ground and every chattel belongs to a person, natural or corporate, or to the state. In an Iroquois tribe there were owners of a third class, the houses and clans. 1A term exactly coincident with the geographical area of the United States. [Appearing in original text.] "League of the Iroquois," by Lewis H. Morgan, Vol. II, p. 272. The individual owned, to use a convenient measure, only what he could carry with him; his clothing and ornaments, the mat on which he slept, his weapons, his pipe, and his kettle. These and no more he could take with him when he emigrated, and they were buried with him when he died. As a member of the house, clan, or tribe, he had a special property in other chattels and in land so long as he was in possession and use thereof as a member of the community. But when this relation ended his rights ended also. The tribe had its property also, its lands, tenements, and hereditaments. These included (1) the territories which it occupied, the boundaries being, as elsewhere mentioned, as definite as those of a modern state; and by ownership of the land is meant not merely sovereignty, but that the tribe was the actual and sole owner of the fee of the soil. An individual, a house, or a clan could acquire no right to land beyond the term of actual occupation. (2) Rights of toll from persons passing through the public domain. (3) Rights of hunting, fishing, and trading in any new countries discovered by a citizen. (4) The tribe had also a public treasury, containing not only archives, records, and maps, but also personal property of all kinds, even including slaves, and usually it owned a council house. INDIAN POLICY OF NEW YORK. EXHIBIT 247. Policy of New York Toward the Indians.1 The discussion of the policy of New York while a colony must of necessity begin with the Dutch settlement at the mouth of the Hudson known as New Netherland. The exact date of the first white settlement of the area now embraced by New York city does not appear to be known. It is stated by the "Report of the Board of Accounts on New Netherland," made in 1644, that "In the years 1622 and 1623, the West India Company took possession, by virtue of their charter, of the said country, and conveyed thither, in their ship, the New Netherland, divers Colonists under the direc 'Eighteenth Annual Report, Bureau of American Ethnology, pt. 2, p. 575. tion of Cornelis Jacobsz, Mey, and Adriaen Jorissz, Tienpoint, which Directors, in the year 1624, built Fort Orange on the North River, and Fort Nassau on the South River, and after that, in 1626, Fort Amsterdam on the Manhattes." However, it appears to have been subsequent to 1623 and previous to June, 1626. On November 5, 1626, Pieter J. Schagen, deputy of the West India Company, reported to the States general of Holland as follows: "Yesterday, arrived here the Ship the Arms of Amsterdam, which sailed from New Netherland, out of the River Mauritius, on the 23rd September. They report that our people are in good heart and live in peace there; the Women also have borne some children there. They have purchased the Island Manhattes from the Indians for the value of 60 guilders; 'tis 11,000 morgens in size. They ha all their grain sowed by the middle of May, and reaped by the middle of August," etc." The West India Company had instructed Peter Minuet to treat with the Indians for their hunting grounds before he took any steps toward the erection of buildings. According to Martha J. Lamb the purchase was made the 6th of May, 1826. The price paid, it is true, was very small (but little more than one dollar for a thousand acres), yet we are told the simple natives accepted the terms with unfeigned delight. The patent issued to Kiliaen Van Rensselaer, August 13, 1630, was based on a purchase from the Indians, acknowledged before the director and council by them at the time it was issued: We, the Director and Council of New Netherlands, residing on the Island Manhatas and in Fort Amsterdam, under the authority of their High Mightinesses the Lords States General of the United Netherlands and the Incorporated West India Company, Chamber at Amsterdam, do hereby acknowledge and declare, that on this day, the date under written, before us appeared and presented themselves in their proper persons: Kottomack, Nawanemit, Albantzeene, Sagiskwa and Kanaomack, owners and proprietors of their respective parcels of land, extending up the River, South and North, from said Fort unto a little south of Moeneminnes Castle, to the aforesaid proprietors, belonging jointly and in common, and the aforesaid Nawanemit's particular land 'New York Colonial Documents, vol. I, p. 149. [Appearing in original text.] Ibid., p. 37. [Appearing in original text.] "History of the City of New York, p. 53. [Appearing in original text.] called Semesseerse, lying on the East Bank opposite Castle In the undated "New Project of Freedoms and Exemptions," but probably drawn up in 1629, the patroons are required by article 27 to purchase the lands from the Indians: "The Patroons of New Netherland, shall be bound to purchase from the Lords Sachems in New Netherland, the soil where they propose to plant their colonies, and shall acquire such right thereunto as they will agree for with the said Sachems." By article 33 "All private and poor (unauthorized) people (onvermogen personen) are excluded from these Exemptions Privileges and Freedoms, and art not allowed to purchase any lands or grounds from the Sachems or Indians in New Netherland, but must repair under the jurisdiction of the respective 'Three Dutch miles equal 12 English miles. [Appearing in original text.] 2New York Colonial Documents, vol. I, p. 44. [Appearing in original text.] 3Ibid., Vol. II, pp. 96-100. [Appearing in original text.] 1 |