The 1838 Treaty with the New York Indians (Six Nations and St. Regis), a pivotal moment in the history of the Indigenous peoples of New York, was formally concluded on January 15, 1838, at Buffalo Creek, New York. This agreement, forged between the United States government, represented by Commissioner Ransom H. Gillet, and the chiefs, head men, and warriors of the various tribes comprising the Six Nations Confederacy and the St. Regis tribe, sought to address long-standing issues of land ownership, westward expansion, and the future of these Native American communities. The treaty’s origins lay in the complex web of historical interactions, demographic shifts, and governmental policies that characterized the early 19th century.
Historical Context: Seeds of Removal
The treaty’s preamble lays bare the underlying forces that propelled its creation. As the United States expanded westward, the Six Nations of New York, witnessing the relentless encroachment of white settlements, began to contemplate the necessity of relocating westward, seeking refuge among their "red brethren." This sentiment, born of pragmatic survival, was articulated as early as 1810 in a memorial sent to the President of the United States. The memorial inquired about the government’s willingness to support their emigration, acknowledge their title to lands acquired in the West, and maintain existing treaty obligations, including annuity payments.
The government, in principle, gave its approval, leading to the acquisition of lands at Green Bay in the Wisconsin Territory from the Menominee and Winnebago tribes. This purchase, however, was fraught with difficulties and disputes regarding the extent of the land secured. The matter was eventually resolved through a treaty between the United States and the Menominee Indians in February 1831, to which the New York Indians assented in October 1832. This treaty secured 500,000 acres for the New York Indians of the Six Nations and the St. Regis tribe, contingent upon their relocation within three years, or a timeframe deemed reasonable by the President.
Despite the provision of land in Green Bay, many New York Indians remained in their ancestral territories. Concerns arose about the suitability of the Green Bay location and the desire of some to relocate directly to the Indian Territory, seen as a more permanent and peaceful haven. This shift in preference led to a request to the President to exchange the Green Bay lands for a new home in the Indian Territory, reflecting the growing conviction that westward removal was the only viable path to long-term security and self-determination.
General Provisions: Land Cession and a New Homeland
The 1838 Treaty with the New York Indians (Six Nations and St. Regis) is structured around a series of articles outlining the terms of the agreement. Article 1 addresses the cession of land. In exchange for promises of a new home and other considerations, the New York Indians ceded and relinquished their rights, title, and interest to the lands secured to them at Green Bay by the 1831 Menominee treaty. The exception to this cession was a specific tract where a portion of the New York Indians resided, defined by its location relative to French grants, the Little Cocaclin, and Fox River.
Article 2 is perhaps the most significant, as it details the establishment of a permanent home for the New York Indians in the Indian Territory, located directly west of the State of Missouri. This tract, encompassing 1,824,000 acres (320 acres per individual based on the current population), was to be held in fee simple by the tribes, with a patent issued by the President of the United States. The Indians were granted the power to divide the lands among the different tribes, nations, or bands, with the right to sell and convey land amongst themselves, subject to laws and regulations adopted by the individual tribes or a general council of the New York Indians. The tribes designated to occupy this land were the Senecas, Onondagas, Cayugas, Tuscaroras, Oneidas, St. Regis, Stockbridges, Munsees, and Brothertowns residing in the State of New York, with the land to be divided equally according to their respective populations.
Article 3 stipulates that tribes not accepting and relocating to the designated country within five years, or another timeframe set by the President, would forfeit their interest in the lands to the United States. This provision underscores the pressure for removal embedded within the treaty.
Governance, Rights, and Annuities
Article 4 outlines the principles of perpetual peace and friendship between the United States and the New York Indians. The United States guaranteed protection and defense of their new homes and secured to them the right to establish their own form of government, appoint officers, and administer their own laws, subject to the legislation of the Congress of the United States regulating trade and intercourse with the Indians. The lands secured by patent were not to be included in any State or Territory of the Union. The Indians were also entitled to the same political and civil rights and privileges granted to other emigrant Indian tribes settled in the Indian Territory.
Article 5 addresses the specific land allocation for the Oneidas, ensuring their lands in the Indian Territory would adjoin the Osage tract and the land set apart for the Senecas, with sufficient timber resources. The lands for tribes not specifically designated in the treaty were to be determined by the President.
Article 6 states that the United States would pay all annuities properly belonging to those who removed west at their new homes. The schedules annexed to the treaty were deemed an integral part of the agreement.
Ratification and Expenses
Article 7 emphasizes the need for Presidential approval and Senate ratification for the treaty to be binding. It also stipulates that the rejection of provisions applicable to one tribe or branch of a tribe would not invalidate the treaty for others.
Article 8 concerns the financial aspects of the treaty, stipulating that the Commissioner’s accounts and expenses incurred in holding councils and concluding treaties in Wisconsin and New York in 1836, the expenses of the 1837 exploring party, and the expenses of the present treaty would be allowed and settled according to precedents.
Special Provisions: Addressing Tribal Concerns
The 1838 Treaty with the New York Indians (Six Nations and St. Regis) also includes special provisions tailored to address the unique concerns and circumstances of individual tribes. Article 9 pertains to the St. Regis Indians, specifically the "American party," with the United States agreeing to pay them $5,000 upon their removal west, or at a time appointed by the President. This sum was intended as remuneration for monies spent and services rendered in securing the title to the Green Bay lands and facilitating removal. The distribution of this sum was to be determined by the chiefs of the American party and a United States Commissioner. The article also included a land reservation for the Rev. Eleazor Williams, held in fee simple with the power to sell and dispose of it.
Article 10 addresses the Senecas, granting them and their Cayuga and Onondaga friends the easterly part of the tract set apart for the New York Indians, sufficient to include 320 acres per person. The President was to add timber land if the initial tract proved insufficient. The Senecas agreed to remove to their new homes within five years. This article also acknowledges the purchase of Seneca lands by Thomas L. Ogden and Joseph Fellows, assignees of the State of Massachusetts, with the consideration money ($202,000) to be paid to the United States. $100,000 was to be invested in safe stocks, with the income paid annually at their new homes, while the remaining $102,000 was to be paid to owners of improvements on the deeded lands, based on an appraisal and award made by appraisers appointed by the Seneca nation.
Subsequent articles outline specific provisions for the Cayugas (Article 11), the Onondagas residing on the Seneca reservations (Article 12), the Oneidas residing in the State of New York (Article 13), and the Tuscaroras (Article 14). These provisions include financial compensation, land allocations, and agreements regarding the sale of existing lands in New York.
Article 15 outlines a general appropriation of $400,000 to be applied under the President’s direction for various purposes, including aiding in removal, supporting themselves during the first year, education, agricultural assistance, building infrastructure, purchasing livestock and farming tools, and acquiring knowledge of the mechanic arts.
Signatures and Schedules: A Record of Agreement
The treaty concludes with the signatures of the commissioner and the chiefs, head men, and people of the various tribes. These signatures, along with the appended seals, represent the formal assent to the terms of the agreement.
Schedules A, B, and C provide additional details. Schedule A presents a census of the New York Indians taken in 1837, listing the populations of the various tribes residing on the Seneca reservations and elsewhere. Schedule B details the disposition of the $3,000 provided in the treaty for the Tuscaroras. Schedule C outlines the disposition of the amounts set apart for the Onondagas and Cayugas residing on the Seneca reservations.
The treaty also includes documentation related to the land sales to Ogden and Fellows, including the indentures for the Seneca and Tuscarora lands. These documents detail the boundaries of the lands being sold and the consideration being paid.
Supplemental Agreements and Assents: Fine-Tuning the Treaty
The treaty process extended beyond the initial signing on January 15, 1838. A supplemental article was concluded with the St. Regis Indians on February 13, 1838, reflecting their assent to the treaty and clarifying their right to remove at their own discretion. Furthermore, documentation shows the formal assent of various tribal representatives to the treaty as amended by the Senate of the United States in June 1838. These assents, dated throughout August, September, and October 1838, demonstrate the ongoing negotiations and adjustments to the treaty’s terms.
The 1838 Treaty with the New York Indians (Six Nations and St. Regis) represents a complex and controversial chapter in the history of the relationship between the United States government and the Indigenous peoples of New York. While framed as a means of securing peace, prosperity, and happiness for the New York Indians, the treaty ultimately facilitated their removal from their ancestral lands and the cession of vast tracts of territory to the United States and private interests. The treaty’s legacy continues to be debated, with ongoing discussions about its fairness, its impact on tribal sovereignty, and the long-term consequences for the New York Indians and their descendants. The text of the treaty serves as a stark reminder of the historical forces that shaped the landscape of Native American relations in the 19th century.
