TonresDeed

BACKGROUND

From 1821 to 1856 the Senecas were again in a battle of wills with the United States to retain their
land in New York. The Ogden Land Company had purchased the preemption rights to the
Tonawanda Reservation land from the Holland Land Company several years earlier. In 1830 the
government decided it would be a good idea to remove the Indians from New York to an Indian
Territory in Kansas. The large land companies wished to help make this happen as quickly as
possible. (Can you imagine what would happen if this sort of thing was tried today?)

The Senecas had sold land to the Ogden Land Company in 1826, and they had the sole rights
to buy future land from the Senecas. (The Cayugas had already sold their land to NY prior to 1807.)

So in January of 1838 the Treaty of Buffalo Creek was signed with the United States for the
Indian land in New York. The plan was to remove all the Mohawk and Oneidas Indians, and sell
their land at public auction. The United States and the State of New York was to supervise the sale
of the land. In exchange they would be provided funds for their removal to Kansas. The plan was
to remove all the Indians from New York within five years.

Because of this treaty and their exclusive right of purchase with the Senecas, the Ogden Land
Company now felt they had a right to the remaining Seneca lands.

According to the political structure of the Iroquois, at that time, a decision must be
unanimously voted on by the Chiefs and Sachems. Only about 1/4 of them were willing to sign the
treaty. But in the government's eyes since some of them signed, the treaty was binding. The
Tonawandas opposed this new treaty. They absolutely refused to give up their land and began
their fight in Washington.

The devious tactics the Ogden Company used on the Seneca Indians is a story in itself. (This
we will save for another time when I have collected more factual documentation.)

The Ogden Company, despite much resistance from the Tonawanda Senecas, managed to get
the unimproved land surveyed and appraised. The land was divided into 195 lots that surrounded
the Indian Village. Joseph Jones and Elias R. Cook did the survey in 1841. (A copy of this map is on
file at the Genesee County Clerks Office in Batavia in Map book 8 page 389, Map # 649. It is also on
file in the Office of Indian Affairs in Washington, D.C.)

In May of 1842, with added pressure from the Ogden Land Company, the Senecas of
Cattaraugus and Alleghany were coerced into another treaty. "The Compromise Treaty of 1842"
stated that the Ogden Company could have the lands of the Buffalo and Tonawanda Reservations.
Also, within two years, the Indians that had occupied said land had to leave and go to the
Reservations at Cattaraugus and Alleghany. Again the Tonawandas refused and pressed harder in
their battle at Washington.

By this time most of the Oneida Indians had been forced to Wisconsin. This journey is know as
"The Trail of Tears". Aside from the sadness involved in being forced from their homes, it is
estimated by historians that 1/2 of the Indian population that took this journey died on the way. A
large majority of the Oneidas also had gone to Ontario, Canada; leaving only a small portion of their
population left in New York State.

In April the Appraisal of the unimproved land was completed and sent to Washington, D.C. On
August 19th of 1844 the land was to be put up for auction in Batavia. The new landowners
immediately began settling on the Tonawanda Reservation. The appraisals for the improved land
however had not been completed. This became an important litigation tool in court.

The Ogden land company had forced John Blacksmith, a Seneca Indian and a sawmill owner,
off his land on the Tonawanda Reservation. John Blacksmith sued. Since the Ogden Company had
never paid him for the improvements to his land they held no right to it. The Ogden Company
argued that the appraisal was not done because the Tonawanda Senecas would not allow them on
the land to do it. The court decided that John Blacksmith was right and he won his case. Since the
appraisal had never been done and no money was paid to Blacksmith for improvements done on his
land, the Ogden Company held no title to it.

This event was an important one because it bought some time for the Tonawanda Indians to
continue to plead their case in Washington. The Blacksmith case got tied up in appeal after
appeal. It was decided that the ownership of the Seneca lands would be put on hold until the other
case was settled. In 1857 the Blacksmith case made it to the Supreme Court. It was decided that
the Indians still had to abide by the treaties, but that the Ogden Land Company had no right to
remove them from the land. Only the Federal Government did.

In November of 1857 the Tonawanda Seneca Indians entered into a treaty with the United
States. Under these terms they were to give up their lands in Kansas where they were to be
removed to, and the $400,000 which was to help in their removal. In exchange for this they were
allowed up to $256,000 dollars to purchase land from the Ogden Land Company. Also $15,018.36 in
compensation was alloted for any loss of improvements they had on the land they were giving up.
Since the Ogden Land company had already started selling parcels on the Tonawanda land; the
purchasers had to sign off their claim to it as well. Although this was not a perfect deal for the
Tonawanda Indians, at least they owned undisputed title to the land they retained because they
had purchased it.

The following is the deed to the Tonawanda Indian Reservation. It was
known as the 12,800-acre tract. It was reduced in size to 7549.73 acres +/-,
being the amount of land the Tonawanda Seneca Indians hold undisputed title
too.

DEED

GENESEE COUNTY CLERK'S OFFICE

Batavia, NY

Liber 146, page 82 of Deeds

Whereas a Treaty was made & concluded at the Meeting House on the Tonawanda Reservation in
the County of Genesee and State of New York on the 5th day of November one thousand eight
hundred fifty seven by Charles E. Mix as Commissioner on behalf of the United States of the one part
and the Tonawanda Band of Seneca Indians of the other part. Which Treaty having been duly
ratified by the President and Senate of the United States was proclaimed on the 31st day of March
AD 1859.

And Whereas pursuant to the terms of said treaty certain portions of said Tonawanda Reservation
hereinafter described were in the years 1859 and 1860 conveyed by deed of trust to Jacob Thompson
then Secretary of the Interior of the United States by parties hereinafter named and by virtue of such
conveyances are now so held by the party hereto of the first part.

And Whereas as contemplated by the third Article of said Treaty the Legislature of the State of New
York has by law enacted on the 16th day of April AD 1860 designated the Comptroller of the State of
New York as the public officer of that State to receive a conveyance of certain lots or parcels of land
in the Tonawanda Reservation and known also as the twelve thousand eight hundred acre tract in
the Counties of Genesee, Erie & Niagara from the Secretary of the Interior of the United States
according to the provisions of said Treaty.

Now therefore This Indenture made the fourteenth day of February in the year of our Lord one
thousand eight and sixty two between Caleb B. Smith secretary of the Interior of the United States
of the first part and Lucius Robinson Comptroller of the State of New York of the second part.
Witnesseth that the party of the first part pursuant to the terms of said treaty and to the law above
referred to, has granted conveyed and released and by these present does grant convey & release
unto the said Comptroller of the State of New York & his successors in office and fee the certain
tract or portion of land being a portion of the said Tonawanda Reservation particularly defined by
reference to a certain map or allotment made by Joseph Jones & E.R. Cook of the said Tonawanda
Reservation and which map is filed in the Clerks Office of the County of Genesee and State of New
York described as follows. Viz.

All that portion of said Tonawanda Reservation lying west of the east line of lots (102) one
hundred and two (97) ninety seven (55) fifty five (56) fifty six prolonged northwardly and
southwardly and north of the south line of lots (42) forty two (43) forty three (44) forty four (45)
forty five & (46) forty six prolonged eastwardly including that portion of the northwest corner of
the Village Reservation embraced within the above prolonged lines southwardly and eastwardly
the same containing by estimate on hundred seventy three & forty hundredths acres (173.40)
Excepting lots numbers (155) one hundred & fifty five (156) one hundred & fifty six (157) one
hundred & fifty seven (158) one hundred & fifty eight (194) one hundred & ninety four on the
north side of said Reservation containing in the aggregate (7549 73/100) seven thousand & forty
nine 73/100 acres more or less. Reference being had to the aforesaid map & allotment & to the
deeds of conveyance to said Jacob Thompson as Secretary of the Interior from the several parties
herinafter named. Viz.

From Joseph Fellows and others Dated August 6" 1860

Mary S. Ogden & Patrick Summerville Stewart " June 20" 1859

Jas' Wadsworth & others " Dec 19" 1859

Jas' Wadsworth & wife " July 16" 1860

Jer Van Rensselaer & others " July 2" 1859

Charlotte Brinckerhoff & Louisa Troup " August 1" 1860

Asa Cutler & others " Dec 21" 1859

Jas' S. Wadsworth as Trustee " Nov 7" 1859

J. H. Martindale & wife " Sept 20" 1860

Lewis Curtis & others " Dec 3" 1859

C.H. & G. Tillotson " May 24" 1860

Joseph Fellows & others " June 20" 1859

Jas' S. Wadsworth & wife " Nov 7" 1859

James Crossen & wife " April 20" 1860

Joseph Fellows & N.E. Leonard " August 24"1859

William H. Kelsey " Sept 8" 1859

Jer Van Rensselaer & others " June 20" 1859

Jas' S. Wadsworth as Trustee " July 16" 1860

Joseph Fellows as Trustee " May 17" 1860
"

Charles H. De Suze & others " Sept 16" 1859

T.S. Harrison & others " Sept 30" 1859
"

Joseph Fellows & others " May 18" 1860

J. D. Ogden & others '' June 25" 1859

All of which deeds are recorded in Office of the Clerk of Genesee County in the State of New York
and a deed from Jer Van Rensselaer & others dated June 14" 1860 and recorded in the Office of the
Clerk of the County of Erie in the State of New York and the following deeds.

From

Robert Bayard Dated June 16, 1859

E.H. Sohumerhun " June 21st 1859

James Sorinee Graham & wife " June 20" 1859

R.S. Tillotson " June 21" 1859

Charlotte Brinckerhoff & Louisa Troup " June 21" 1859

Which deeds are recorded in the Clerks Offices in the Counties of Erie and Genesee in the State of
New York. To have and to hold to him and to his successors in Office in trust for the said
Tonawanda Band of Indians and for their exclusive use, occupation, and enjoyment in the manner
particularly defined in said Treaty. In Witness Whereof the said party of the first part has
hereunto set his hand and seal of the Department of the Interior this 14th day of February in the
year of our Lord one thousand eight hundred & sixty two.

Sealed and delivered in presence of } s.s. Caleb B. Smith

Geo S. Gidem. R.S.H. White } Secretary of the Interior

District of Columbia Washington City s.s. On the fourteenth day of February in the year one
thousand eight hundred & sixty two before me the subscribed personally appeared Caleb B. Smith
Secretary of the Interior of the United States to me known to be the same person described in and
who executed the within Instrument and acknowledged that he executed the same & for the uses &
purposes therein described.

Robert G. Hedrick Justice Peace

United States of America. Department of State)

To all to whom these present shall come. Greeting. I certify that Caleb B.
Smith whose name is attached to the annexed paper was at the time of signing the same Secretary of
the Interior. Also Robert G. Hedrick was at the time of signing the same Justice of the Peace for the
District of Columbia and as such are entitled to full faith & confidence. In Testimony Whereof J.
William H. Seward Secretary of State of the United States have hereto subscribed my name &
caused the Seal of the Department of State to be affixed. Done at the City of Washington this
fifteenth day of February AD 1862 & of the Independence of the United States of America the 86th"

(seal) William H. Seward

State of New York Comptrollers Office) I certify that I have compared the proceeding copy of papers
with the originals on file in this office & that the same is a correct transcript thereof & of the whole of
said Original. In Witness Whereof I have hereunto subscribed my name & caused the seal of my
office to be affixed this 8" day of August AD 1876

s.s. Harry Gallien 2' Dep Cmpt

A true copy of the original Recorded August 17th 1876

at 9 3/4 o'clock am and examined

G.H. Holden Dep Clk