Photographs (left to right): Desert Tortoise, California; Fall Colors, Rush, New York; Purple Penstemon, California

Wampum Belt Archive

Buffalo Creek Treaty Belt

Tuscarora-Holland Land Belt (1799)

Original (Clarke, 1931)

Reproduction R. D. Hamell

August 16 2010

see Tuscarora-Holland Land Belt.html

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First Treaty of Buffalo Creek (Wikipedia)

The First Treaty of Buffalo Creek signed on July 8, 1788 Phelps and Gorham purchased title to lands east from the Genesee River in New York to the Preemption Line.[1]

References: McKeveley, Blake (January 1939). "Historic Aspects of the Phelps and Gorham Treaty of July 4–8, 1788" (PDF). Rochester History. Rochester Public Library. 1 (1). ISSN 0035-7413. Archived from the original (PDF) on 2007-12-03. Retrieved 2008-01-05.

Treaty of Big Tree

Treaty of Big Tree was a formal treaty signed in 1797 between the Seneca Nation and the United States in which the Seneca relinquished their rights to nearly all of their traditional homeland in New York State— nearly 3.5 million acres.[1] In the 1788 Phelps and Gorham Purchase the Iroquois had previously sold rights to their land between Seneca Lake and the Genesee River. The Treaty of Big Tree signed away their rights to all their territory west of the Genesee River except ten small tracts of land for $100,000 and other consideration (roughly $20 billion in 2019 dollars) Note- purchase was an amount that was 0.12% of national debt in 1797.

The delegates for both parties met from August 20, 1797 until September 16, 1797 at the residence of William Wadsworth, an early pioneer of the area and captain of the local militia, in what is now Geneseo, New York. A meadow between Wadsworth's cabin at Big Tree and the gigantic oak by the river, which gave the place its name, was the site of the conference.

In attendance were nearly three thousand Seneca and other prominent members of the Six Nations of the Iroquois. Representing them were their hoyaneh chiefs: Cornplanter, Red Jacket, Young King, Little Billy, Farmer's Brother, Handsome Lake, Tall Chief, Little Beard and others; the clan mothers of the nation; and Mary Jemison. Those in attendance representing the United States were: Colonel Jeremiah Wadsworth, Commissioner, assigned by President George Washington to represent the United States government; Captain Charles Williamson and Thomas Morris, representing his father; Robert Morris; General William Shepard, representing Massachusetts; William Bayard, representing New York; Theophilus Cazenove and Paolo Busti, representatives for the Holland Land Company; Captain Israel Chapin, representing the Department of Indian Affairs; Joseph Ellicott, land surveyor; and James Rees as acting secretary. The official interpreters were Horatio Jones and Jasper Parrish.

All of the treaty delegates for the United States were housed in William's log cabin and new cobblestone house. A council house was erected by the Seneca and the proceedings were held there. The treaty was signed on September 15, 1797, after nearly a month of, at times heated, back-and-forth negotiations. This treaty is substantial as it opened up the rest of the territory west of the Genesee River for settlement and established ten reservations, perpetual annuities and hunting and fishing rights for the Seneca in Western New York.

Second Treaty of Buffalo Creek

The Second Treaty of Buffalo Creek, also known as the Treaty with the New York Indians, 1838, was signed on January 15, 1838 (proclaimed on April 4, 1840) between the Seneca Nation, Mohawk nation, Cayuga nation, Oneida Indian Nation, Onondaga (tribe), Tuscarora (tribe) and the United States. It covered land sales of tribal reservations under the U.S. Indian Removal program, by which they planned to move most eastern tribes to Kansas Territory west of the Mississippi River.

Treaty of Buffalo Creek-January 15, 1838-Article I-The New York Indians also agreed to "cede and relinquish to the United States all their right, title, and interest to the lands secured to them at Green Bay by the Menominee Treaty of 1831, excepting the following tract, on which a part of the New York Indians now reside." The tract was eight by twelve miles consisting of 65, 436 acres or equal to 100 acres for each of the 654 Oneida that were presently living there. This established the original boundaries of the Oneida Reservation of Wisconsin.

The Seneca nation, represented by certain chiefs including Red Jacket, Cornplanter, Handsome Lake, and Governor Blacksnake, agreed to the following. Based on the terms of the accord, the US was to sell the five remaining Seneca reservations (Buffalo Creek Reservation, Tonawanda Reservation, Oil Springs Reservation, Cattaraugus Reservation, and Allegany Reservation) and provide for the Seneca to relocate to a tract of land in present-day Kansas (then territory), west of Missouri. A section of the treaty acknowledged that the Ogden Land Company (the land company founded by former Holland Land Company attorney David A. Ogden, who by this time was deceased) would buy the five reservations then occupied by the Seneca Nation. The understanding was that the Ogden Land Company would sell the land to settlers for development.

The treaty was met with some controversy and resistance by Quakers residing in New York, Baltimore, and Philadelphia. These groups filed charges of fraud against the Ogden Company. Some Seneca groups also claimed that most Iroquois did not support the treaty and that only a minority actually signed it. Some of these grievances helped lead to another meeting between these two parties and the creation of the further treaties.

Ultimately, the Ogden Land Company abandoned its attempts to purchase the Allegany, Cattaraugus and Oil Spring reservations, leading to the Third Treaty of Buffalo Creek in 1842.

Third Treaty of Buffalo Creek

The Third Treaty of Buffalo Creek or Treaty with the Seneca of 1842 signed by the U.S. and the Seneca Nation modified the Second Treaty of Buffalo Creek.[1] This reflected that the Ogden Company had purchased only two of the four Seneca reservations, the Buffalo Creek and Tonawanda reservations, that the Senecas had agreed to sell in the Second Treaty; it thus restored native title to the Allegany, Cattaraugus and Oil Springs reservations.

A statement in the ninth article of the treaty prohibits the assessment of property tax on native lands until they are sold to non-native owners. Said article states:

The parties to this compact mutually agree to solicit the influence of the Government of the United States to protect such of the lands of the Seneca Indians, within the State of New York, as may from time to time remain in their possession from all taxes, and assessments for roads, highways, or any other purpose until such lands shall be sold and conveyed by the said Indians, and the possession thereof shall have been relinquished by them.

Two results have arisen from this treaty. The first is that the Seneca nation has refused to sell any land to non-Indians within its territory. One side effect of this is that the city of Salamanca, which is mostly on the Allegany Reservation but occupied by a large number of non-native residents, operates on a lease system in which any non-native property holder must sign a lease with the nation acknowledging the tribe's ownership of the land and, since the 1990s, also any improvements built upon that land. The second is that the Seneca Nation asserts that this treaty clause is not limited to taxes on land (property taxes), but to any and all taxes, including excise tax and sales tax, from any activity on the reservations; this interpretation forms the basis of the Senecas' convenience store industry, which has a built-in price advantage over non-native competitors due to the tribe's assertion that they do not have to pay excise tax. (The Senecas do not extend these advantages to non-native businesses or residents; any non-native leasing space on the reservation must still pay excise, sales and property tax to state, county, city and school authorities.)

Fourth Treaty of Buffalo Creek

The Fourth Treaty of Buffalo Creek or Treaty with the Seneca, Tonawanda Band is a modification of the Second Treaty of Buffalo Creek and Third Treaty of Buffalo Creek.

The Tonawanda Band of Seneca Indians objected to their inclusion in the treaties, claiming that their chiefs were not included in negotiations and that the Seneca chiefs that were present did not represent them. When agents of the land companies came to claim the Tonawada reservation land, the Tonawanda refused to leave. (On a related note, in 1848, the other Seneca tribes approved the establishment of an American-style republican government, which the Tonawanda also rejected; the Tonawanda opted to continue with the traditional Seneca model, thus formally codifying the split between the two Seneca tribes.)

To settle the issue with the Tonawanda sale, the U.S. signed a treaty with the Tonawanda Band in 1857 known as the Treaty with the Seneca, Tonawanda Band.[1] The Seneca bought back most of their reservation with the money set aside for their removal to Kansas. At the same time, they seceded from the main Seneca nation and restored their traditional government of a Council of Chiefs, based on consensus.

Description (Oswego.edu):

Transcription of the original letter found in the National Archives, Washington, D.C. In 1819 preemption holders moved to close the Buffalo Reservation and concentrate its residents on the Allegany Reservation. In July, the Ogden Land Company, owners of the preemption rights to the remaining Indian lands, sponsored a council at the Buffalo Creek Reservation. Here, Red Jacket not only rejects the proposed sale of the Buffalo Creek Reservation, he orders all whites to leave the reservation.

Was there a belt exchanged? In Red Jacket's speech on July 9, 1819, he rejected the sale of the Buffalo Creek Reservation and referred to belt which confirmed the treaty. Below is Red Jacket's speech as written down by Jos. Delafield, Secretary:

"Brothers...You have come (here) for a different purpose than the one expected. Your coming is to tell us of our situation; to tell us about our reservations; to tell us the opinion of the President that we must change our old customs for new ones; that we must concentrate ourselves in order to derive the fair means you offer of civilization and improvement in the arts of agriculture.

At the treaty of canandaigua we were promised on the part of your government that different kinds of mechanics, blacksmiths and carpenters should be sent among us to improve us in these arts. And we were promised that farmers with their families should be sent that our women might learn to spin. We agreed to accept them. We even made application for these benefits. We were told that the age of our children was not suitable, and none of our young men were taught. Other treaties have promised us these things. Neither farmers nor mechanics have been sent us.

We had thought that all the promises made by one President were handed down to the next. We do not change our Chiefs as you do. Since these treaties were made with us you have had several changes of your President. And we do not understand why the treaty made by one President is not binding upon the other. On our part we expect to comply with our engagements.

We are improving in our situation. See those large flocks of cattle. Look at those fences. These things were not seen formerly. We are surrounded by the whites; from them we can readily obtain cattle, and by what we procure from them we enlarge our improvements.

You told us, where the country was surrounded by whites and in possession of Indians, where it was unproductive, not liable to taxes, nor to make roads and other improvements,it was time to change.

As for the taxing of Indians, it is extraordinary. This was never heard of since the first settlement of America. The land is ours by the gift of the Great Spirit. How can you tax it? We can make such roads as we want, and we did so when this soil was all ours. Now that we are confined to small reservations, we can easily make the roads we want, and we did so when this soil was all ours. Now that we are confined to small reservations, we can easily make the roads we want, and assist in making public improvements

Look back at the first settlement of this Country. And after that look at our present condition under the United States. Under the British Government we continued our growth in numbers and in strength. What has now become of the Indians who extended themselves in large numbers to the Salt Waters? They are become few and are driven back, while you have been growing rich and powerful. This land is ours from the God of Heaven. It was given us. We cannot make land. Driven back and reduced as we now are, you still wish to cramp us more and more. These lands are ours given by the Heavenly Father. You tell us of a preemptive right. Such men you say own one reservation, such men another. But they are all ours; ours from the top to the very bottom. If Mr. Ogden should tell us that he had come from heaven with the flesh on his bones, as he now is, and that the Heavenly Father had given him a title, we might believe him.

The President has sent us word, you say, that it is our interest to dispose of our reservations. You tell us there is a fine tract of land at Allegheny. This too is very extraordinary. Our feet have covered every inch of that reservation. Such a communication as this has never before been made to us in any of our treaties. The President must have been disordered in mind, or he would not offer to lead us off by the arms to the Allegheny Reservation.

You have heard of our treaty with the United States and our understanding with them. Here is the belt of wampum that confirmed the treaty. This holds our hands together. Here too is the parchment. You know its contents. I will not open it. Now the tree of friendship is decaying; its limbs are fast falling off, and you are at fault.

Formerly we addressed the British as brothers. Now we call the President our Father. Probably among you are gentlemen with families of children. We consider ourselves the children of the President. What then would be your feelings, were you told, your children were to be cast on a naked rock; there to protect themselves?

The different claims you tell us of, I cannot understand. We were placed here by the Great Spirit for purposes known to him. You can have no right to interfere. You told us that we had large and many unproductive tracts of land. We do not view it so. Our seats we consider small; and if left here long by the Great Spirit we shall stand in need of them. We shall want timber. Land after the improvements of many years wears out. We shall want to renew our fields; and we do not think that there is any land in any of our reservations, but what is useful.

Look at the white people around us and back. You are not cramped for seats; they are large. Look at that man (pointing to Mr. Ellicott, [Joseph Ellicot, Resident Agent of the Holland Land Company], he has plenty of land. If you want to buy, apply to him. We have none to part with.

Some here laugh. But do not think I trifle. I am sincere. Do not think we are hasty in making up our minds. We have had many councils and thought for a long time upon this subject. And we will not part with any; not one of our reservations....

Do not make your application anew in any other shape. Let us hear no more of it; and let us part as we met, in friendship. You discover white people on our reservation. It is my wish, and the wish of all of us, to remove every white man. We can educate our children. Our reservation is small. The white people are near us; we can send our children to their schools. Such as wish can do so. The schoolmaster and the preacher must withdraw. The distance is short for those who wish to go to them. We wish to get rid of all the whites. Those who are now among us make disturbances. We wish our reservation clear of them.

The treaty which Red Jacket referred to was the Treaty of Buffalo Creek of 1788.

The following is from Wikipedia:

1838 Treaty

A Treaty of Buffalo Creek (also known as the Treaty With The New York Indians, 1838) was signed on January 15, 1838 (proclaimed on April 4, 1840) between the Seneca Nation,Mohawk nation, Cayuga nation, Oneida Indian Nation, Onondaga (tribe), Tuscarora (tribe)and the United States. It covered land sales of tribal reservations under the US Indian Removal program, by which they planned to move most eastern tribes to Kansas Territory west of the Mississippi River. Treaty of Buffalo Creek-January 15, 1838-Article I-The New York Indians also agreed to “cede and relinquish to the United States all their right, title, and interest to the lands secured to them at Green Bay by the Menominee Treaty of 1831, excepting the following tract, on which a part of the New York Indians now reside.” The tract was eight by twelve miles consisting of 65, 436 acres or equal to 100 acres for each of the 654 Oneida that were presently living there. This established the original boundaries of the Oneida Reservation of Wisconsin.The Seneca nation, represented by certain chiefs, agreed to the following. Based on the terms of the accord, the US was to sell the four remaining Seneca reservations (Buffalo Creek Reservation, Tonawanda Reservation, Cattaraugus Reservation, and Allegany Reservation) and provide for the Seneca to relocate to a tract of land in present-day Kansas (then territory), west of Missouri. A section of the treaty acknowledged that the Ogden Land Company would buy the four reservations then occupied by the Seneca Nation, including the Tonawanda Reservation. The understanding was that the Ogden Land Company would sell the land to settlers for development.[edit]

1842 Treaty

The US and the Seneca Nation modified the treaty by the "Treaty with the Seneca of 1842".[2] This reflected that the Ogden Company had purchased only two of the four Seneca reservations, but their purchase included the Tonawanda Reservation. But, officials had failed to consult the chiefs of the Tonawanda Band of Seneca Indians, who had signed neither treaty. The Seneca residing on the Tonawanda Reservation refused to leave their land and objected to the 1838 and 1842 treaty proceedings.The 1842 treaty is the treaty that the Seneca nation claims exempts them from excise taxes, citing a statement in the ninth article of the treaty. Said article states:

The parties to this compact mutually agree to solicit the influence of the Government of the United States to protect such of the lands of the Seneca Indians, within the State of New York, as may from time to time remain in their possession from all taxes, and assessments for roads, highways, or any other purpose until such lands shall be sold and conveyed by the said Indians, and the possession thereof shall have been relinquished by them.

The result of this language is that the Seneca nation has refused to sell any land to non-Indians within its territory. One side effect of this is that the city of Salamanca, which is mostly on the Allegany Reservation but occupied by a large number of non-native residents, operates on a lease system in which any non-native property holder must sign a lease with the nation acknowledging the tribe's ownership of the land.

1857 Treaty

To settle the issue, the US signed a treaty with the Tonawanda Band in 1857 known as the "Treaty with the Seneca, Tonawanda Band".[3] The Seneca bought back most of their reservation with the money set aside for their removal to Kansas. At the same time, they seceded from the main Seneca nation and restored their traditional government of a Council of Chiefs, based on consensus. They achieved federal recognition as an independent tribe by this treaty.[4]