August 31, 1826
At a treaty held under the authority of the United States at Buffalo Creek, in the county of Erie in the State of New York, between the sachems, chiefs and warriors of the Seneca Nation of Indians, on behalf of said nation, and Robert Troup, Thomas L. Ogden and Benjamin W. Rogers, Esquires, of the city of New York, in the presence of Oliver Forward, Esq., commissioner appointed by the United States for holding said treaty, and of Nathaniel Gorham, Esq., superintendent in behalf of the State of Massachusetts.
Know all men by these presents that the said sachems, chiefs and warriors for and in consideration of the sum of forty-eight thousand two hundred and sixty dollars ($48,260) lawful money of the United States to him in hand paid by the said Robert Troup, Thomas L. Ogden and Benjamin W. Rogers, at or immediately before the ensealing and delivering of these presents the receipt whereof is hereby acknowledged have granted, sold, aliened, released, quit-claimed and confirmed and by these presents do grant, bargain, sell, alien, release, quit-claim and confirm unto the said Robert Troup, Thomas Ludlow Ogden and Benjamin W. Rogers, and their heirs and assigns forever all that tract of land commonly called and known by the name of the Caneadea Reservation, situate lying and being in the county of Allegany in the State of New York and containing sixteen square miles. Also all that other tract of land commonly called and known by the name of the Canawagus Reservation, situate lying and being in the county of Livingston in the said State of New York, and containing two square miles. Also all that other tract of land commonly called and known by the name of the Big Tree Reservation, situate, lying and being in the said county of Livingston, containing two square miles. Also all that other tract of land commonly called and known by the name of the Squawky Hill Reservation, situate, lying and being in the said county of Livingston and containing two square miles.
Also all that other tract of land commonly called and known by the name of the Gardean Reservation, situate, lying and being in the county of Genesee in the said State of New York and containing two square miles, and being that part of the original Guardean Reservation which was excepted and reserved out of the sale of a part of the same to John Greig and Henry B. Gibson at a treaty held at Moscow in the said county of Livingston on the third day of September, 1823. Also all that other tract of land commonly called and known by the name of the Buffalo Creek Reservation, situate lying and being in the said county of Erie and containing by estimation eighty-three thousand five hundred and fifty-seven (83,557) acres, excepting, nevertheless and always reserving out of the said Buffalo Creek reservation the following tract, piece or parcel thereof, that is to say, seventy-eight square miles or forty-nine thousand nine hundred and twenty (49,920) acres bounded as follows, that is to say: Beginning on the north line of the said reservation at a point one mile and a half east of the Cayuga creek, running thence south one mile and a half; thence east parallel with the north line so far as that, a line to be drawn from the termination thereof south to a point one mile distant from the south line of the said reservation; and thence west parallel with the said south line to the west line of the reservation, and thence along the west and north line of the same to the place of beginning will contain the said quantity of seventy-eight square miles or forty-nine thousand, nine hundred and twenty (49,920) acres.
Also all that tract of land commonly called and known by the name of the Tonawanda Reservation, situate lying and being in the said county of Genesee and Erie and containing by estimation forty-six thousand, two hundred and nine (46,209) acres, excepting nevertheless and always reserving out of the Tonawanda Reservation the following tract piece or parcel thereof, that is to say, twelve thousand eight hundred (12,800) acres, to be laid off in one body in such a manner as that one-half thereof shall all be on one side of the Tonawanda Creek and the other half on the other side of the creek, and connecting at a point on said creek one mile and a half west of where it crosses the line of the said reservation, and the said creek being the center of the said twelve thousand eight hundred (12,800) acres until it strikes the north-west corner of the Tonawanda Reservation.
Also the following piece or parcel of that other tract of land commonly called and known by the name of the Cattaraugus Reservation, situate, lying and being in the counties of Chautauqua, Cattaraugus and Erie, in the said State of New York, that is to say, one square mile or six hundred and forty (640) acres, to be laid off in a square form in the south-west corner of said reservation; six square miles or three thousand eight hundred and forty (3,840) acres in the north part of the said reservation, bounded on the north and on the east by the north and east lines of the said reservation; on the west by a line parallel to the east line, and six miles distant therefrom, and on the south by a line parallel to the north line and one mile distant therefrom. And one other square mile or six hundred and forty (640) acres to be laid off in a square form, bounded as follows, that is to say, on the east by the east line of the said reservation; on the west by a line parallel thereto and one mile distant therefrom; on the north by the south line of the piece last above described, and on the south by a line parallel thereto and one mile distant therefrom. And which said several tracts, pieces or parcels of land so excepted and reserved as aforesaid, out of the said Buffalo Creek and Tonawanda Reservations, are fully and clearly understood to remain the property of the said parties of the first part and their nation, in as full and ample a manner as if these presents had not been executed, together with all and singular the rights, privileges and appurtenances to the said hereby granted premises belonging or in anywise appertaining, and all of the estate, right, title and interest, claim and demand whatsoever of them the said parties of the first part and all their nation of, in and to the said several tracts, pieces and parcels of land above described except as is above excepted, to have and to hold all and singular the said granted premises with the appurtenances unto the said Robert Troup, Thomas L. Ogden and Benjamin W. Rogers, their heirs and assigns, in trust for the use, benefit and behoof of themselves and such other person or persons as are respectively entitled to the right of pre-emption of the said several tracts, pieces or parcels of land or any part or portion thereof.
In testimony whereof the parties to these presents have hereunto and to three other instruments of the same tenor and date, one to remain with the United States, one to remain with the State of Massachusetts, one to remain with the Seneca Nation of Indians and one to remain with the said Robert Troup, Thomas L. Ogden, and Benjamin Woolsey Rogers, interchangeably set their hands and seals, at the council house at Buffalo Creek the thirty-first day of August, 1826.
LA-QUI-UM-GAR-TU-OHTA x YOUNG KING. [L. s.]
KAR-HUN-DA-WU-NA, his x mark. POLLARD. [L. s.]
FOSH-KA-UGA, his x mark. LITTLE BILLY. [L. s.]
JOHN-A-BE-AL, his x mark. CORNPLANTER. [L. s.]
TY-WAU-EASH, his x mark. BLACKSNAKE. [L. s.]
NA-HAL-STA, his x mark. STRONG. [L. s.]
UON-HON-DXT-GAH-LE, his x mark. CHIEF WARRIOR. [L. s.]
TU-Y-A-GO, his x mark. SENECA WHITE. [L. s.]
ON-A-TRAH-KAI, his x mark. TALL PETER. [L. s.]
SAN-GED-QUATE, his x mark. JAMES ROBISON. [L. s.]
A-SAH-EA-NOR, his x mark. WHITE SENECA. [L. s.]
ON-ON-DA-HAI, his x mark. DESTROYTOWN. [L. s.]
USLA-EYE, his x mark. CHARLES OBEAL. [L. s.]
TE-UGH-TA-GUD-TA, his x mark. TUNIS HALFTOWN. [L. s.]
IE-U-GAR-SE, his x mark. LONG JOHN. [L. s.]
UAN-EAE-GA, his x mark. BLUE EYES. [L. s.]
LA-HIM-EUHA, his x mark. LITTLE JOHNSON. [L. s.]
TY-AT-A-HADA, his x mark. DOCHSTADER. [L. s.]
UDL-WEN-DY-HA, his x mark. GREEN BLANKET. [L. s.]
U-UT-HA-DA-GAU, his x mark. WHITE BAY. [L. s.]
UA-HU-HEVDIA, his x mark. ISAACS. [L. s.]
UA-PAU-QUISH, his x mark. HENRY TWO GUNS. [L. s.]
GE-MUCH-THA-DE, his x mark. STEVENSON. [L. s.]
LEN-AEH-TE-NO-GO, his x mark. JOHN ——* [L. s.]
SHE-CAN-A-CHWESCH-GUE, his x mark. LITTLE BEAR. [L. s.]
AU-A-SHOD-AKAI, his x mark. TALL CHIEF. [L. s.]
HA-WAN-SAI, his x mark. CAPTAIN SNOW. [L. s.]
PA-HE-GAN-ONE, his x mark. TWENTY CANOES. [L. s.]
AS-ALON-A-SAITH, his x mark. SILVERHEELS. [L. s.]
KAN-ON-GA-IOT, his x mark. LONG CHIEF. [L. s.]
UAN-ISH-AN, his x mark. BAREFOOT. [L. s.]
MILE-LA-GO-OR, his x mark. CAPTAIN CROW. [L. s.]
SA-GUN-JA-WA, his x mark. LONNEE'S COUSIN. [L. s.]
KAM-AU-JA-UANA, his x mark. BIG KETTLE. [L. s.]
TY-A-GO-DOU-TE, his x mark. JOSEPH SNOW. [L. s.]
his x mark. JOSEPH LEGUANY. [L. s.]
SO-WAM-A-WA, his x mark. WILLIAM BLACKSNAKE. [L. s.]
SAY-WAY-DO, his x mark. GEORGE REDEYE. [L. s.]
KAU-IS-H-SHORGE, his x mark. CAPTAIN SHONGO. [L. s.]
SA-GU-I-OTH, his x mark. JONES UNDSON. [L. s.]
LA-GA-IN-A-SHOT-SIA, his x mark. STIFFNECK. [L. s.]
LA-GAU-OTA, his x mark. RED JACKET. [L. s.]
KAH-DO-WAY, his x mark. COHN FOPP. [L. s.]
LO-YE-AWA, his x mark. CON. SNOW. [L. s.]
TE-GO-HAI, his x mark. TOMPSON. [L. s.]
K-AND-GAE, his x mark. JAMES STEVENSON, JR. [L. s.]
PEAEA-DYO, his x mark. JOHN SNOW. [L. s.]
ROBERT TROUP (by his attorney JOHN GREIG). [L. s.]
THOMAS L. OGDEN (by his attorney JOHN GREIG). [L. s.]
BENJAMIN W. ROGERS (by his att'y JOHN GREIG). [L. s.]
* Here the record was defaced.
The words "and a half" twice interlined on the second page before executing sealing and delivering, in presence of Joseph Parish, Indian agent; Horatio Jones, interpreter; Levi Hubbell; Jacob Jimeson, interpreter.
Done at a treaty held with the sachems, chiefs and warriors of the Seneca Nation of Indians at Buffalo Creek in the county of Erie and State of New York on the thirty-first day of August in the year of our Lord one thousand eight hundred and twenty-six [1826], under the authority of the United States.
In testimony whereof I have hereunto set my hand and seal the day and year aforesaid, by virtue of a commission issued under the seal of the Commonwealth of Massachusetts bearing date the 31st day of August in the year of our Lord one thousand eight hundred and fifteen [1815], pursuant to a resolution of the Legislature of the said Commonwealth passed the 11th day of March in the year of our Lord one thousand seven hundred and ninety-one [1791].
N. GORHAM,
Superintendent.
I have attended a treaty of the Seneca Nation of Indians held at Buffalo Creek in the county of Erie and State of New York on the 31st day of August 1826, when the foregoing instrument was duly executed in my presence by the sachems, chiefs and warriors of the said nation, being fairly and properly understood, and transacted by all the parties of Indians concerned, and declared to be done to their universal satisfaction.
I do therefore certify and approve of the same.
OLIVER FORWARD,
Commissioner.
STATE OF NEW YORK, ss.:
ERIE COUNTY.
On the first day of September in the year of our Lord, one thousand eight hundred and twenty-six, before me Ebenezer Walden first judge of the Court of Common Pleas of said county and a counselor at law in the Supreme Court of the said State, personally appeared Joseph Parish, one of the subscribing witnesses to the foregoing instrument, to me known, who being duly sworn deposeth and saith, that he saw the several persons whose names are subscribed as grantors in the foregoing instrument and as the sachems, chiefs and warriors of the Seneca Nation of Indians, severally execute the same as their voluntary act and deed for the uses and purposes therein mentioned; that he is acquainted with the said grantors and knows them to be the persons described in and who executed the said instrument, and that he, the said deponent, together with Horatio Jones, Levi Hubbell and Jacob Jimeson severally subscribed their names as witnesses to the same.
I further certify that John Greig to me known also appeared before me and acknowledged that he executed the said instrument as the attorney of Robert Troup, Thomas L. Ogden and Benjamin Woolsey Rogers therein described, for the uses and purposes therein mentioned.
I further certify that Nathaniel Gorham to me known, also appeared before me and acknowledged that he executed the foregoing certificate subscribed by him as superintendent of the said treaty on behalf of the State of Massachusetts.
And I further certify that Oliver Forward to me known, also appeared before me and acknowledged that he executed the foregoing certificate subscribed by him as commissioner appointed by the United States holding the said treaty.
All which is satisfactory evidence to me of the matters therein sworn to and acknowledged and I allow the said deed to be recorded.
E. WALDEN.
Recorded, examined and compared with the original the 9th day of May, A. D. 1827 at half past two o'clock, P. M.
JACOB A. BAKER,
Clerk.