Resolved, as the sense of the Senate and Assembly, That the said leases are purchases of land, therefore that by the Constitution of this State, the said leases are not binding on the said Indians and are not valid. Resolved, as the determination of the Legislature, That the force of the State shall from time to time as occasion may require be exerted to prevent intrusions on, and for preserving to the people of this State their rights to the lands and territories comprehended within the boundaries specified in the said leases against the said John Livingston and his associates, and all other persons claiming or to claim any right, title or benefit under the said leases or either of them. Resolved, That His Excellency the Governor be requested to issue his Proclamation reciting these resolutions and strictly charging and requiring the said John Livingston and his said associates and all other persons that they do not settle, improve, enter or otherwise intrude on, such of the said lands as have not heretofore been granted in due form by law, as they shall answer for their intrusion at their peril. The said resolution having been read. A petition of the said John Livingston and Caleb Benton in behalf of themselves and their associates praying that they may be allowed the privilege of being heard by their Counsel on the subject matter of the said leases, was also read and considered. Thereupon, Ordered, That the consideration of the said resolutions be postponed until ten o'clock Tuesday morning next, and that the petitioners have leave to appear by their Counsel at that hour and at the bar of the Senate. February 19, 1788. A petition of John Livingston and Caleb Benton in behalf of themselves and their associates offering a surrender of their claim to the lease obtained from the Indians of the six nations, was read and considered. Thereupon, Ordered, That the consideration of the resolutions received from the Honorable the Assembly on Saturday last on the subject matter of the said leases be further postponed until tomorrow. Ordered, That the petition of John Livingston and Caleb Benton be committed to Mr. Hathorn, Mr. Lawrence, Mr. Morris, Mr. "L'Hommedieu and Mr. Williams. February 20, 1788. The Senate proceeded to the consideration of the resolutions received from the Honorable the Assembly, on Saturday last respecting the lease obtained by John Livingston and Caleb Benton and their associates, for the lands of the Indians of the six nations. Thereupon, Resolved, That the Senate do concur with the Honorable the Assembly in their said preceding resolutions. Ordered, That Mr. Townsend deliver a copy of the preceding concurrent resolution to the Honorable the Assembly. Mr. Hathorn from the Committee to whom was referred the petition of John Livingston, Caleb Benton and their associates reported that in the opinion of the Committee, the following resolution should be adopted by the Senate which he read in his place and delivered the same in at the table, where it was again read, and agreed to by the Senate, viz. The petition of John Livingston, and his associates, being read. Resolved, (if the Honorable the Assembly concur herein) That it is fit, that the said John Livingston and his associates should without delay, deliver the originals of the leases obtained by them for the lands of the Indians, to the Commissioners to be appointed to hold Treaties with the Indians within this State; to the end that said leases may be returned to the said Indians to be destroyed or that they may be otherwise disposed of as the said Commissioners shall deem expedient; that the said John Livingston and his said associates ought to depend upon the justice of the public for a reimbursement of their expenses, and such other allowances and matters as to the Legislature, after they shall have received the report of the said Commissioners, shall appear proper and equitable; in default of the said John Livingston, and his said associates so to deliver the said lease to the Commissioners, that they be deemed as precluded from all claim upon the justness and generosity of the State. Ordered, That Mr. Swartwout deliver a copy of the preceding resolution to the Honorable the Assembly. February 21, 1788. * With the same message was received a resolution concurring with the Senate in their resolution of yesterday respecting the original leases obtained by John Livingston and his associates for the Indian lands. March 1, 1788. With the same message was received the following resolution for concurrence, viz. Resolved, (if the Honorable the Assembly concur herein) That his Excellency the Governor be requested to transmit to the Governor of the Commonwealth of Massachusetts a copy of the concurrent resolutions of the Senate and the Assembly relative to the said John Livingston and Caleb Benton and their associates; copies of writings reported by the Committee to this house as leases obtained by the said John Livingston and Caleb Benton and their associates from the Indians, and a copy of the act appointing Commissioners to hold treaties with the Indians within this State; and earnestly to request the co-operation of that Commonwealth with this State in order, to the preservation of their respective interests in the lands reciprocally ceded to each other in the western parts of this State. The said resolution having been read and considered. Thereupon, Resolved, that the Senate do concur with the Honorable the Assembly in their preceding resolutions. Ordered, That Mr. Swartwout deliver a copy of the preceding concurrent resolution, to the Honorable the Assembly. EXHIBIT 258. Statutes Relating to the New York Indians.1 AN ACT to appoint commissioners to represent this State in any treaty of pacification that may be had with any of the nations of Indians therein mentioned. Passed the 23d of October, 1779. Whereas the government and people of this State from its first becoming an English colony, as well as their predecessors the Dutch, who were the original planters thereof, have from time to time expended vast sums of money for the protection and maintenance of the six nations of Indians residing within territories of the said State: And the said na PREAMBLE 1Laws of New York, 1777-1784 incl., Vol. I, Chap. 29, p. 193. tions by repeated treaties and grants have put themselves and the country which they occupied under the protection of the government of this State, while it was administered by the crown of Great Britain; and a considerable part of the right of soil hath been actually purchased from them for valuable considerations. And whereas Since the present war with Great Britain the said nations have by the most solemn treaties, repeatedly renewed, engaged to observe the strictest friendship towards the United States of America and all their inhabitants. And whereas Not withstanding all these solemn treaties engagements and obligations on their part, and the repeated acts of liberality benevolence and protection on the part of this State from its original plantation, four of the said nations, namely, the Mohawks, Onondagas, Cayugas and Senecas have, without provocation or complaint, ungratefully and perfidiously committed the most cruel hostilities against this State, destroyed the lives of a great number of its inhabitants, carried others into captivity, demolished and burned down many settlements and villages and plundered the property of the inhabitants of the same; to our very great distress and impoverishment: Extending at the same time their savage barbarities to the inhabitants and territories of the neighouring States; and have moreover concealed in their castles and villages our implacable enemies, encouraged the disaffection of many of our inhabitants by promises and menaces: and to the utmost of their force and power voluntarily aided and assisted the king of Great Britain and his adherents in their attempt to reduce this country to ignominious bondage. Be it therefore enacted by the People of the State of New York represented in Senate and Assembly and it is hereby enacted by the COMMISSIONERS, authority of the same That the person administring the government of this State for the time being and Anthony Van Schaick Levi Pawling and Peter Schuyler, Esquires, and Colonel Jacob Klock, or the major part of them of whom the person administering the government of this State for the time being shall always be one, shall be and are hereby authorized and impowered to be commissioners for this State in case of a treaty of pacification hereafter to be set on foot between the said hostile nations of Indians of the one part and the United States of America or this State on the other part to ask demand and by every way and means in their power to obtain for and in behalf of this State, such security and engagement from the said hostile nations of Indians not only for indemnifying and securing this State and the subjects and inhabitants thereof respectively against all future hostilities that might otherwise be committed by the said nations of Indians either jointly or severally or the individual members of the same respectively, but also to ask demand exact and receive such compensation and retribution for the abovementioned hostilities and injuries, whether in such treaty of pacification with the said United States or with this State as shall be proper and in every such treaty of pacification if the United States shall be parties thereto, to insist and require in behalf of this State, to be admitted to represent the same particularly as a principal and contracting party thereto by particular specification as an independent State; and in case either of such treaty between the said United States conjointly or this State separately of the one part and the said hostile nations of Indians or any or either of them on the other part, to contract and agree on the terms thereof; and that the said commissioners or the major part of them shall from time to time report to the legislature of this State all and singular the actings and doings of the parties to any such treaty or treaties and each of them as the same shall occur And that the person administring the government of this State for the time being shall without delay furnish the Congress of the United States of America and their commissioners for Indian affairs respectively with copies of this law; And further that for all reasonable expences which shall be incurred on the part of this State in the progress and completion of the premises, adequate provision shall be made by some future act or acts of the legislature of this State. COPIES OF THIS |