INDIAN AFFAIRS: LAWS AND TREATIES

Vol. III, Laws     (Compiled to December 1, 1913)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.


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PART IV.—

Deed to William Penn
Agreement, State of Pennsylvania with Six Nations, 1789
Deed to State of Pennsylvania, 1789
Unratified treaty with Tuscarora Nation, 1803
Unratified agreement with Gros Ventres, 1863
Unratified agreement with Shawnees, 1867
Unratified agreement with River Crows, 1868
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Articles 1 | 2 | 3 | 4 | 5 | 6 | 7

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ARTICLES OF AGREEMENT BETWEEN THE CHIEFS, ETC., OF THE SIX NATIONS OF INDIANS AND THE COMMISSIONERS OF PENNSYLVANIA.

January 9, 1789. Unratified.—American State Papers, Indian Affairs, Vol. 4, p. 512.

Be it remembered, by all whom it may concern:

That, on the ninth day of January, in the year of our Lord 1789, in open and public council, we, the undersigned chiefs, warriors, and others, representing the following named tribes of the Six Nations, to-wit; the Ondawagas, or Senacas, Cayugas, Tuscaroras, Onondagas, and Oneidas, for, and in behalf of ourselves, our tribes, our and their heirs and successors, on the one part, and Richard Butler and John Gibson, Esqrs. commissioners for, and on behalf of the State of Pennsylvania, (Onas) on the other part, did make, and conclude upon the following articles, viz:

ARTICLE 1.

That, as soon as these articles are signed, interchangeably, by the aforesaid chiefs and commissioners, the said chiefs will execute a deed of conveyance to the State of Pennsylvania, for a tract of country, as shall hereafter be described.

ARTICLE 2.

The signing chiefs do acknowledge the right of the soil, and jurisdiction to, in, and over, that tract of country, bounded on the south, by the north line of the State of Pennsylvania; on the east, by the west boundary of the State of New York, agreeable to the cession of that State, and the State of Massachusetts, to the United States; and on the north, by the margin of Lake Erie, including Presqu’ Isle, and all the bays and harbors along the margin of said lake Erie, from the west boundary of Pennsylvania to where the west boundary of the State of New York may cross, or intersect, the south margin of the said Lake Erie; to be vested in the said State of Pennsylvania, agreeably to an act of Congress, dated the 6th day of June last, 1788.

ARTICLE 3.

The said chiefs do agree that the said State of Pennsylvania shall, and may, at any time they may think proper, survey, dispose of, and settle, all that part of the aforesaid country, lying, and being west of a line running along the middle of the Conowago river, from its confluence with the Alleghany river into the Chadochque lake, thence along the middle of said lake, to the north end of the same, thence a meridian line from the north end of the said lake, to the margin, or shore, of lake Erie.

ARTICLE 4.

The said chiefs do agree, that the navigation, or water communication, of the said Conowago river, and the Chadochque lake, shall be free to the citizens of the State of Pennsylvania, in common with themselves; but that neither party shall build, or erect dams, over or across the Conowago river, so as to obstruct the passage of boats or canoes, up and down the same to the Alleghany river.

ARTICLE 5.

That, as several villages, belonging to the signing chiefs and their people, are now living on the said Conowago creek, and in other parts of the country, supposed to be within the tract of country west of the west line of the State of New York, and east of the line through the waters, as described in the third article: and as they have no country to remove to, from where they now live, the said chiefs do reserve for their own and their people’s residence, hunting and fishing, all that part of the tract of country described in the second article, passing from the Alleghany river, along the middle of the Conowago creek, the Chadochque lake, and a meridian line from the north end of said lake to lake Erie.

ARTICLE 6.

The said chiefs do engage for, and in behalf of themselves and their tribes, to give protection to the citizens of the said State of Pennsylvania, and others who may come to trade or transact business, under proper authority, among them, and to live peaceably with all the citizens of the United States.

ARTICLE 7.

The said Richard Butler and John Gibson, Esqrs. commissioners, for, and in behalf of the State of Pennsylvania, do agree to the aforesaid articles, in their true intent and meaning; and they further engage, on the faith of the State of Pennsylvania, that the aforesaid chiefs, and the people of their tribes, shall have full and peaceable liberty to hunt and fish within any part of the country first above described, they demeaning themselves peaceably towards the inhabitants. But the said chiefs, or their successors, shall not, at any time hereafter, directly, or indirectly, lease, rent, or make sale of, any part, or parcel, of the tract here reserved, for their use and residence, to any other State, person, or persons.

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In testimony of the above articles being duly, openly, and fairly agreed and concluded upon, the chiefs and commissioners aforesaid, have interchangeably set their hands, and affixed their seals, the day and year first above written.

Senecas Gyantwachia, or the Corn-planter,
Gyashota, or the Big Cross,
Kanassee, or the New Arrow,
Achiout, or the Half Town,
Anachkout, or the Wasp,
Chishekoa, or the Wood Bug,
Sessewa, or the Big Bale of a Kettle,
Sciawhowa, or the Council Keeper
Tewanias, or the Broken Twig,
Souachshowa, or the Full Moon,
Cachunevasse, or Twenty Canoes,
+     L.S.
+     L.S.
+     L.S.
+     L.S.
+     L.S.
+     L.S.
+     L.S.
+     L.S.
+     L.S.
+     L.S.
+     L.S.
Tuscarora Chief Hichonquash, or Tearing Asunder, +     L.S.
Senecas Cageahgea, or Dogs about the Fire,
Sawedowa, or the Blast,
Kiondashowa, or Swimming Fish,
+     L.S.
+     L.S.
+     L.S.
Onandago Chief Oncahye, or the Dancing Feather, +     L.S.
Cayugas Soahaes, or Falling Mauntain,
Otachsaka, or Broken Tomahawk,
+     L.S.
+     L.S.
Oneida Chief Tekahiefs, or the Long Tree, +     L.S.
Seneca Chief Onesechter, or the Leaded Man, +     L.S.
Munsey Chiefs Kiatulahoh, or the Snake,
Aqueia, or the Bandy Legs,
+     L.S.
+     L.S.
Senecas Kiandoch-gowa, or Big Tree,
Owenewah, or Thrown-in-the-water,
+     L.S.
+     L.S.

N. B.—The two Munseys signed as being residenters on the land, but not owners.
R. BUTLER.

In the presence of

AR. ST. CLAIR,
JAMES HARMAR, Lt. Col. Com. 1st U. S. Regt. and Brig. Gen. by brevet.
DAVID ZEIGLER, Captain 1st U. S. Regt.
WINTHROP SARGENT.
JOHN TRACEY.
N. McDOWELL, Ensign.
JACOB MELCHER, Cadet in 1st U. S. Regiment.
JOSEPH NICHOLSON.

Be it remembered, that, on the 30th day of May, in the year of our Lord 1792, and in the 16th year of the independence of the United States of America, came, personally, Joseph Nicholson, one of the witnesses within named, before me, James Biddle, Esq. president of the courts of common pleas, in the district consisting of the city and county of Philadelphia, and counties of Bucks, Montgomery and Delaware, and made oath, on the Holy Evangelists of Almighty God, that he was present, and saw the twentyfour grantors, and two Commissioners, in the within deed named, make the signatures, or marks, to the said deed, and seal and deliver the same, as their act and deed, voluntarily and freely; and that the said deponent subscribed his name as a witness to the execution thereof; and that he also saw the other seven witnesses subscribe their names within written, respectively, to the same deed, and that the name, Joseph Nicholson, thereunto subscribed, is of his own proper handwritiug.

In testimony whereof, I have hereunto set my hand and seal, at Philadelphia, the same day and year aforesaid.
JAMES BIDDLE.
JOSEPH NICHOLSON.

Enrolled in the Rolls Office for the State of Pennsylvania, in Commission Book No. 1, page 309.

Witness my hand and seal of office, the 19th of June, 1794.
MATHEW IRWIN, M. R.

A true copy from the original.
JAMES TRIMBLE, Deputy Secretary.

Secretary’s Office, Philadelphia, June 30th, 1794.


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