← Index / U.S. Statutes at Large, Vol. VII / Indian Treaties 1778–1845 T-0025
War of 1812 Era · 1802

Treaty with the Senecas, 1802

ID T-0025
Date 1802-06-30
Articles 1
Instrument Note
United States and the Seneca Nation
Executed June 30, 1802 — same day as T-0024. This instrument is the federal treaty companion to the private indenture, confirming U.S. sanction for the conveyance of the Big Tree Reservation parcel.
Brief confirmation instrument. The United States acknowledges and sanctions the conveyance of the specified parcel from Seneca to named non-Indian purchasers. This is the federal legal imprimatur required by the Non-Intercourse Act. Without it, the private indenture (T-0024) could not create legally defensible title.

TREATY WITH THE CREEKS. 1802. Ocmulgee. Old Towns, thence a direct line to Palmetto Creek, where the same is intersected by the Uchee path, leading from the Oconee to the Ocmulgee river—thence down the middle waters of the said Creek to Oconee river, and with the western bank of the same to its junction with the Ocmulgee river, thence across the Ocmulgee river to the south bank of the Altamaha river, and down the same at low water mark to the lower bank of Goose Creek, and from thence by a direct line to the Mounts, on the Margin of the Okefinocau swamp, raised and establish- ed by the commissioners of the United States and Spain at the head of the St. Mary’s river; thence down the middle waters of the said river, to the point where the old line of demarkation strikes the same, thence with the said old line to the Altamaha river, and up the same to Goose Creek: and the said Kings, Chiefs, Head men and Warriors, do relin- quish and quit claim to the United States all their right, title, interest and pretensions, in and to the tract and tracts of land within and be- tween the bounds and limits aforesaid, for ever. Arr. II. The commissioners of the United States, for and in consi- deration of the foregoing concession on the part of the Creek nation, and in full satisfaction for the same do hereby covenant and agree with the said nation, in behalf of the United States, that the said states shall pay to the said nation, annually, and every year, the sum of three thou- sand dollars, and one thousand dollars for the term of ten years, to the chiefs who administer the government, agreeably to a certificate under the hands and seals of the commissioners of the United States, of this date, and also twenty-five thousand dollars in the manner and form fol- lowing, viz. Ten thousand dollars in goods and merchandize, the re- ceipt of which is hereby acknowledged; ten thousand dollars to satisfy certain debts due from Indians and white persons of the Creek country to the factory of the United States; the said debts, after the payment aforesaid, to become the right and property of the Creek nation, and to be recovered for their use in such way and manner as the President of the United States may think proper to direct; five thousand dollars to satisfy claims for property taken by individuals of the said nation, from the citizens of the United States, subsequent to the treaty of Colerain, which has been or may be claimed and established agreeably to the provisions of the act for regulating trade and intercourse with the Indian tribes, and to preserve peace on the frontiers. And it is further agreed that the United States shall furnish to the said nation two sets of black- smiths tools, and men to work them, for the term of three years. Arr. III. It is agreed by the contracting parties, that the garrison or garrisons which may be found necessary for the protection of the fron- tiers, shall be established upon the land of the Indians, at such place or places as the President of the United States may think proper to direct, in the manner and on the terms established by the treaty of Colerain. Arr. IV. The contracting parties to these presents, do agree that this treaty shall become obligatory and of full effect so soon as the same shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof.

IN TESTIMONY WHEREOF

, the Commissioners Plenipotentiary of the United States, and the Kings, Chiefs, Head Men and Warriors of the Creek nation, have hereunto subscribed their names and affixed their seals, at the camp of the Commissioners of the United States, near Fort Wilkinson, on the Oconee river, this sixteenth day of June, in the year of our Lord one thousand eight hundred and for the foregoing concession. Garrisons to be established on Indian lands. When to take effect. June 30, 1802. Proclamation, Jan. 12, 1803. Ratified Jan. 12, 1803, Preamble. AGREEMENT WITH THE SENECAS. 1809. two, and of the independence of the United States the twenty- ixth. 2 JAMES WILKINSON, (ns) BENJAMIN HAWKINS, (r.s) ANDREW PICKENS, ^ (u.s) Yauf-kee Emautla Haujo, Coosaudee Tustunnuggee, Nenehom ohtau Tustunnuggee Micco, Tallesee Micco, Eufaulau Tustunnuggee, "'us-sci-kia Micco, Tustunnoc Hoithle poyuh, Micco Thlucco, Is hopei Tustunnuggee, Olohtau Haujo, Cowetuh Tustunnuggee, Talman Haujo, Hopoithle Haujo, Autlosse Emantlau, Woe-see Haujo, Tuskenehau Chapco, Uctij utchee Tustunnuggee, Efau Haujo, 1 Tustunnuggee Thlucco, 2 Hopoie Micco, 3 Hopoie O-loh-tau, Chou-wacke le Micco, Okelesau Hut-kee, Toosce hatche Micco, Pa-hose Mic-co, Hopoie Yauholo, Micke Emautlau, Hoitblewau le Micco, Hoithle po yan Haujo, Efau Haujo of Cooloome, Cussetuh Haujo, Cus-se-tuh You-ho-lo, Ocheesee T'ustunnuggee, We-wo-cau Tus-tun-nug-gee, Toosehatchee Haujo, Ne-ho-mah te Tus-tun-nug-gee, Isfau-ne Haujo, Jus-tun-nuc Haujo, Ho-Poith-le Ho-poi-e, Ho-poi-e 'l'us-tun-nug-gee, Oloh-tuh Emautlau. Tal-chis-chau Mic-co, Timothy Barnard, Alexander Cornels, Joseph Islands, Interpreters. Alexander Ma. comb, jun. Secretary to the Commission. William R. Bootes, Captain 2d Regiment Infantry. T. Blackburn, Lieut. Com. Comp. D. John B. Barnes, Lieut. United States A. Wm. Hill, Ajt. C. D. To the Indian titles are subjoined a mark and seal. THIS INDENTURE, Made the thirtieth day of June, in the year of our Lord one thou- sand eight hundred and two, between the Sachems, Chiefs, and Warriors of the Seneca nation of Indians, of the first part, and Wilhem Willink, Pieter Van Eeghen, Hendrik Vollenhoven, W. Willink the younger, I. Willink the younger (son of Jan) Jan Gabriel Van Staphorst, Roelof Van Staphorst, the younger, Cornelis Vollenhoven, and Hendrik Seye, all of the city of Ám- sterdam, and republic of Batavia, by Joseph Ellicott, esquire, their agent and attorney, of the second part. _Wuereas at a treaty held under the authority of the United States with the said Seneca nation of Indians, at Buffalo creek, in the county of Ontario, and state of New-York, on the day of the date of these presents, by the honorable John Taylor, esquire, a commissioner ap- pointed by the President of the United States to hold the same, in pur- suance of the constitution, and of the act of the Congress of the United States, in such case made and provided, a convention was entered into in the presence and with the approbation of the said commissioner, between the said Seneca nation of Indians and the said Wilhem Wil- link, Pieter Van Eeghen, Hendrik Vollenhoven, W. Willink the AGREEMENT WITH THE SENECAS. 1802. younger, I. Willink the younger (son of Jan) Jan Gabriel Van Sta- phorst, Roelof Van Staphorst the younger, Cornelis Vollenhoven, and Hendrik Seye, by the said Joseph Ellicott, their agent and attorney, lawfully constituted and appointed for that purpose. Now THIS ÍINpENTURE WITNESSETH, That the said parties of the first part, for and in consideration of the lands hereinafter described, do hereby exchange, cede, and forever quit claim to the said parties of the second part, their heirs and assigns, ALL those lands situate, lying and being in the county of Ontario, and state of New-York, being part of the lands described and reserved by the said parties of the first part, in a treaty or convention held by the honorable Jeremiah Wadsworth, esquire, under the authority of the United States on the Genesee river the 15th day of September, one thousand seven hundred and ninety- seven, in words following, viz. “Beeinnine at the mouth of the eighteen mile or Kogh-quaw-gu creek, thence a line or lines to be drawn parallel to lake Erie, at the distance of one mile from the lake, to the mouth of Cataraugos creek, thence a line or lines extending twelve miles up the north side of said creek, at the distance of one mile therefrom, thence a direct line to the said creek, thence down the said creek to lake Erie, thence along the lake, to the first mentioned creek, and thence to the place of beginning. Also one other piece at Cataraugos, beginning at the shore of lake Erie, on the south side of Cataraugos creek, at the distance of one mile from the mouth thereof, thence running one mile from the lake, thence on a line parallel thereto, to a point within one mile from the Con-non-dau- we-gea creek, thence up the said creek one mile on a line. parallel thereto, thence on a direct line to the said creek, thence down the same to lake Erie, thence along the lake to the place of beginning;" reference being thereunto had will fully appear. Tocerner with all and singular the rights, privileges, hereditaments and appurtenances thereunto be- longing, or in any wise appertaining. Anp all the estate, right, title, and interest whatsoever, of them, the said parties of the first part, and their nation, of, in and to the said tracts of land, above described, To HAVE AND TO HOLD all and singular the said granted premises, with the appurtenances, to the said parties of the second part, their heirs and assigns, to their only proper use, benefit and behoof forever. AN» in consideration of the said lands described and ceded as afore- said, the said parties of the second part, by Joseph Ellicott, their agent and attorney as aforesaid, do hereby exchange, cede, release, and quit claim to the said parties of the first part, and their nation (the said par- ties of the second part, reserving to themselves the right of pre-emp- tion) all that certain tract or parcel of land situate as aforesaid. Be- GINNING at a post marked No. 0. standing on the bank of lake Erie, at the mouth of Cataraugos creek, and on the north bank thereof; thence along the shore of said lake N. 11? E. 21 chains; N. thirteen degrees east 45 chains; N. 19? E. 14 chains 65 links to a post; thence east 119 chains to a post ; thence south 14 chains 27 links to a post; thence east 640 chains to a post standing in the meridian between the 8th and 9th ranges; thence along said meridian south 617 chains 75 links, to a post standing on the south bank of Cataraugos creek; thence west 160 chains to a post; thence north 290 chains 25 links to a post; thence west 482 chains 31 links to a post; thence north 219 chains 50 links to a post standing on the north bank of Cataraugos creek ; thence down the same and along the several meanders thereof, to the place of begin- ning. To mor» to the said parties of the first part in the same manner and by the same tenure as the lands reserved by the said parties of the first part in and by the said treaty or convention entered into on Genesee river, the 15th day of September, one thousand seven hundred and ninety-seven, as aforesaid, were intended to be held. Cession of lands. Boundary de- scribed. Consideration. Proclamation, Feb. 7, 1803. Ratified Feb. 7, 1808 Cession of certain lands.

Source: U.S. Statutes at Large, Vol. VII. Edited by Richard Peters, Esq. Boston: Charles C. Little and James Brown, 1846. Reprinted by Dennis & Co., Inc., Buffalo, N.Y., 1962. Source lines 7134–7424.