V - .^^^ c ^ .«^v "^.^'^^.^m;^ /^ :^MA'^ X.^"^ «^^^^' .0 c ° " ° t o J. ^ '^^^ii&;^ -to ^ .>.v ,v -v <<^ ^^ .. ^^p^.^ ^^ --^^ ■^ '?.^^' "'* "'. -x . ,_' , -^ \ ^ ^y.' * ^^ v^- "' ■rS> .^^^ ^^^ V -^l^ ^<^ vP * < ./ ^^f^^ '^ ^' ;>''^:;^.\^ V.^ ;l, .» n ^^^ '-r. \\ .£^ •T' ^ ■ <> ^ -.-*- * ■^ .<^ \ ^-^^ /^ W. ■■■'"** --^m- ■^"^ '-^ °'.^Av.- /% -Xw-- ••>'' "--^ °-.^ '2' .\\ -^ ij^.- ^* -S v/^ v v^ -.' <". "o V" .O^ ^^i^ii?^^ ^•^.. .v^-^ /^^^^^A•- ''^ •^^ ■^ .'7^* .^x" ^:^:'K'\^ ^y^^' .0' o -^ < o ^0 - .^ H o^ ^^-^^^ "^ ^ V r^ ^^^^. °^#»V .s'^v '^''-•\^" >-^. <;^, ^ - . , ^ O,^ ^ ^ °%\ >j^. M. ''?^ '' yj THE SIX NATIONS. .\N ADDRESS DELIVERED BEFORE THE CHAUTAUQUA SOCIETY OF HISTORY AND NATURAL SCIENCE AT ITS SEMI-ANNUAL MEETING HELD IN JAMESTOWN, JANUARY 29, 1885. JUDGE DANIEL SHERMAN. /fi-/r 1 re CLEVELAND: W. W. WILLIAMS. t ^i THE SIX NATIONS. It is less than ninety years since the entire portion of western New York, covering over six milHon acres of land in the present counties of Chautauqua, Cattaraugus, Allegany, Steuben, Erie, Wyoming, Living- ston, Ontario, Yates, Niagara, Genesee and Monroe, and the western portions of Wayne, Schuyler and Chemung, were in the undisputed pos- session and control of the Six Nations of New York. Massachusetts claimed title to these lands by grant of King James I of England to the Plymouth company, made in 1628, extending westward to the Pacific ocean. New York claimed title to the same territory by grant from Charles II to the Duke of York and Albany, in 1663, the western boundary of which grant was not specifically defined. These conflicting claims between New York and Massachusetts were settled by commissioners on the part of each state, at Hartford, Decem- ber 16, 1786, by Massachusetts ceding to New York the "government, sovereignty and jurisdiction" of such lands, and by New York ceding in terms its "right of preemption of the soil of the native Indians and all other estate (except of sovereignty and jurisdiction) to Massachusetts, its grantees and assigns forever." The tenth article of this compact provided that no purchase from the native Indians should be valid unless made in the presence of and approved by a commissioner appointed by Massachusetts and confirmed by it. In 1777 Oliver Phelps and Nathaniel Gorham contracted to purchase of Mass- achusetts this entire tract of six million acres for one million dollars, pay- able in a kind of scrip called "consolidated securities," then much below par. The scrip soon after rising to par, prevented them from fulfilling their agreement, although the purchase price of the land was less than seventeen cents per acre. They, however, by treaty with the Six Nations, held at Kanadesaga (now Geneva) in July, 1788, purchased of the Indians their title to about two million two hundred and fifty thousand acres from the eastern part of the tract, extending from the north line of Pennsyl- vania to Lake Ontario, which Phelps and Gorham retained from their pur- 4 THE SIX NATIONS. chase of Massachusetts, and is called the "Phelps and Gorham Purchase." The title to the balance of the tract, containing about three million seven hundred and fifty thousand acres, reverted to Massachusetts, by reason of Phelps and Gorham's failure to pay for it. Massachusetts conveyed these lands to Robert Morris, of Revolutionary memory (or in trust for him) by five deeds, dated May ii, 1791, subject to the preemption right of the Senecas, who claimed to own the lands in exclusion of the other five Indian tribes of New York. The considera- tion paid by Robert Morris to Massachusetts for this tract was about $225,000, or six and one-fifth cents per acre. By the treaty at Big Tree, on Genesee river, September 15, 1797, between Robert Morris and Red Jacket, Cornplanter, ^Governor Black- snake, Little Beard, Captain Pollard, Hot Bread, Captain Bullet, Young King, John Jemison, and thirty-seven other chiefs and sachems of the Sen- eca nation, the Senecas sold to Morris all their lands in western New York, containing 3,750,000 acres, for ^100,000, being at the rate of two and one-half cents per acre (excepting certain reservations), which funds are held in trust and invested by the treasurer of the United States, and interest thereon paid annually in annuities by the United States Indian agent to the heads of families of the Senecas. The Senecas reserved in the treaty at Big Tree the following ten reser- vations : Cattaraugus reservation, containing 26,880 acres in the counties of Chautauqua and Erie; Allegany reservation in Cattaraugus county, con- taining forty-two square miles; Buffalo Creek reservation in Erie county, containing one hundred and thirty square miles ; Tonawanda reservation in the counties of Erie, Genesee and Niagara, containing seventy-one square miles ; Conawaugus reservation, containing two square miles ; Big Tree reservation, containing two square miles ; Little Beard's reservation, containing two square miles ; Squawky Hill reservation, containing two square miles; Gordeau reservation, containing twenty-eight square miles; Ka-own-a-de-au reservation, containing sixteen square miles; in all 337 square miles. The Senecas intended to reserve also by the treaty at Big Tree the Oil Spring reservation, one mile square, containing their famous oil spring, three miles west of Cuba in the counties of Allegany and Cattaraugus. It is a muddy, circular pool of water about thirty feet in diameter, on low, marshy ground, without outlet, and apparently without bottom. The Indians have gathered oil from it from time immemorial, called Seneca oil, THE SIX NATIONS. 5 which they have used for medicinal purposes. They have a tradition that many centuries ago a very fat squaw fell into this pool and sank, nevei- to rise, and ever since that event Seneca oil has risen to the surface of the water in considerable quantities. It is without doubt the same oil spring mentioned in the letter of instruction, dated Albany, September 3, 1700, of Lord Belmont to Colonel Romer, his majesty's chief engineer in Amer- ica, with respect to locating the British fort at Onondciga, in which letter his lordship instructed Colonel Romer about locating the fort, and that he was to visit the country of all of the Five Nations, and says: You are to observe the country exactly as you go and come, the lakes, rivers, plains and hills, so you may report and make a map thereof. You are to visit the Onondagas' country and the salt spring, and taste the water, and give me vour opinion thereon. You are to encourage all the Indian nations as much as you can by assuring them of the king's care for them and protection, and you are to magnify the king's greatness and power to them, and to assure them that the frontier of this province shall be well fortified in a short time, so that they shall not fear the French of Canada. You will do well to assure them of my kindness, pro\ided they continue faithful to the king and keep no sort of correspond- ence with the French in Canada, nor receive any of the priests or Jesuits among them. You are to go and visit the well or spring which is eight miles beyond the Senecas' further castle, which, it is said, blazes up into a flame when a lighted coal is put into it. It is stated that Colonel Romer did as he was instructed, and that from that time forward the Five Nations were entirely devoted and wedded to the interests of the English. The Oil Spring reservation not being reserved by the treaty at Big Tree, the legal title to it passed from the Senecas to Robert Morris, with the other lands of that purchase, and through him to the Holland land company and its grantees by the regular chain of title to Benjamin Cham- berlain, Staley N. Clark and William Ghalliger, land owners at Ellicott- ville, who also owned the lands surrounding it. They, however, supposed that it was an Indian reservation, and had treated it as such until after Mr. Clark was sent to Congress as representative from this district, when, upon examining his book of treaties in the congressional library, he first discov- ered, to his great surprise, that the Oil Spring reservation was not men- tioned as reserved to the Senecas in the treaty, and that the legal title to it was in him and his two partners. They immediately took formal pos- session of it and surveyed it into four equal parcels of one hundred and sixty acres each ; one quarter of it was sold and conveyed to ex-governor Horatio Seymour of Utica, but the quarter containing the oil spring they conveyed to one Philonius Pattison, who cleared up and fenced about eighty acres, erected a house and barn and set out an orchard. This was in 1856, when I was attorney for the Senecas, by appointment of the gov- t. -^^0^ -^ <<&^ o V %. °"° 0^° ,.. V •'^\\^ ... ^-^ ''^'' ^° v;. - . -.%.••. .-V% -.-rr-'V .^>'\. -...:- -^:^^•^ : ^\ ■'is*>-^_» ,« " -'^i^*:-. '■^*- ,**" .>>W', '*. ^«' .^"^ V .•lo. ;\/-v^^C^<;«*^ '^^<\'' '^^'V .s'^"- 40. .'^' '-i D0B3S EROS. ^ * LIBRARY BINOIHO * ST. AUGUSTINE X'- ^ -^ •'* '^'^ % o ' .0 .0^ « » ■>- - . . ^ '-^. -.>3>ev >^ "**/'-:^v-.' ^''^ v-> A* c " ! " . ' .O" .^^xx- ;£<^lv '^...-^ ^: -^¥'>^^ "^..^ , FLA. _^-, . ^ 1^^ 32084 ■ ■ ^