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Topic: Treaty of Buffalo Creek

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History of Rochester, New York

Rochester, New York

	White Dove's Native American Indian Site Cayuga
		Because the French were allied with their enemies, relations were strained with Europeans until neutrality with both France and England was established in separate treaties in 1701.
		As a result of the Buffalo Creek treaty, a few Cayugas, along with some Senecas, moved to Kansas.
		The Cayugas have very persuasive arguments, the strongest being that, contrary to federal law, their land was acquired through treaties conducted by New York State rather than by federal officials.
	users.multipro.com /whitedove/encyclopedia/cayuga.html (573 words)

	uticaOD.com :: The meeting place and marketplace of the Mohawk Valley (Site not responding. Last check: 2007-10-20)
		Treaties during this period provided for the relinquishment of Indian land in the east and set apart reservation land for the Indians in the west.
		The Treaty of Buffalo Creek further provided that New York Oneidas "hereby agree to remove to their new homes in the Indian territory, as soon as they can make satisfactory arrangements with the Governor of the State of New York for the purchase of their lands at Oneida." 7 Stat.
		Thus, had the parties to the Treaty of Buffalo Creek intended a cession of the Oneida land in New York, the language to use to do so was known to them and at their disposal.
	www.uticaod.com /news/specialreports/oneidas/4JUNERULING.HTM (11449 words)

	No. 03-855: Sherrill v. Oneida - Amicus Invitation (Petition)
		That Treaty gave peace to the four Nations that had sided with the British and provided that the Oneida and Tuscarora Nations-which had sided with the colonists-"shall be secured in the possession of the lands on which they are settled." Arts.
		The 1794 Treaty was the third in a series of treaties over ten years (1784, 1789, and 1794) in which "the National Government promised that the Oneidas would be secure" in the possession of their lands.
		Therefore, the fact that the 1838 Treaty immediately granted to the Oneidas title to the Kansas lands-expressly in exchange for lands in Wisconsin-does not demonstrate a "clear and plain" congressional intent to disestablish the Oneidas' reservation land in New York, which was nowhere mentioned in the Treaty.
	www.usdoj.gov /osg/briefs/2003/2pet/6invit/2003-0855.pet.ami.inv.html (5738 words)

	No. 03-855:City of Sherrill v. Oneida Indian Nation NY - Amicus (Merits)
		The Treaty of Buffalo Creek, concluded on January 15, 1838, was negotiated by Commissioner Ransom H. Gillet on behalf of the United States with "the several tribes of New York Indians," including the Oneidas.
		First, the Treaty of Buffalo Creek specifically defined the nature of the Tribe's obligations: Article 1 provided for the cession of the Oneidas' Wisconsin lands, and Article 13 made clear that the Nation would retain its New York lands, unless and until those lands were sold to the State, even after the Treaty took effect.
		Subsequently, on March 25, 1840, the Senate passed a resolution stating that the Treaty of Buffalo Creek, as amended on June 11, 1838, had "been satisfactorily acceded to and approved of by [the signatory] tribes," and that the President was therefore "authorized to proclaim the treaty as in full force and operation." C.A. App.
	www.usdoj.gov /osg/briefs/2004/3mer/1ami/2003-0855.mer.ami.html (8233 words)

	The Triangle Tract - Wikipedia, the free encyclopedia
		Massachusetts acquired this right under the Treaty of Hartford in 1786, when Cinnicanittie and New York settled their claims to the western New York area.
		On July 1, 1788, by the Treaty of Buffalo Creek, Phelps and Gorham extinguished Indian title to all of the land east of the Genesee River, some 2,250,000 acres (9,100 km²).
		Phelps and Gorham pleaded with the Chiefs and Sachems present at Buffalo Creek to allow them some land on the west bank of the Genesee so they could set up and gristmill and a sawmill.
	en.wikipedia.org /wiki/The_Triangle_Tract (428 words)

	From Revolution to Reconstruction: Documents: Treaty made at Buffalo Creek in the State of New York, January 15, 1838 ...
		Treaty made at Buffalo Creek in the State of New York, January 15, 1838 with the representatives of the Nations of New York Indians
		As presented, articles of a treaty made at Buffalo Creek in the State of New York, January 15, 1838, by Ransom Gillet-commissioner on the part of the U.S., and the representatives of the Nations of New York Indians.
		It is expressly understood and agreed, that this treaty must he approved by the President and ratified and confirmed by the Senate of the United States, before it shall be binding upon the parties to it.
	odur.let.rug.nl /~usa/D/1826-1850/indians/newyork.htm (870 words)

	[No title] (Site not responding. Last check: 2007-10-20)
		The Treaty of Buffalo Creek of 1838 was ratified by the Senate and proclaimed by the President.
		Under the Treaty of Buffalo Creek of 1838, the Oneidas then living in New York and then living in Wisconsin agreed to release and relinquish all of their lands in New York and those living in New York agreed to remove from the State.
		The Treaty of Buffalo Creek of 1838 was ratified by the Senate and proclaimed by the President of the United States.
	www.madisoncounty.org /motf/atoipac.html (4763 words)

	Please title this page. (Page 1)
		13 > Treaty of Oneida with the Oneida, Tuscorora and stockbridge on Dec. 2, 1794
		36 > Treaty of Tellico with the Cherokee on Oct 27, 1805
		39 > treaty of Vincennes, in Indiana Terriroty with the Piankashaw on Dec. 30, 1805
	members.aol.com /drakemage/treaty/treaty.html (645 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		This treaty was based on the treaty of November 5, 1857, with the Tonawandas, and was sent to the senate for ratification; but action was suspended upon it 'until a treaty could be concluded with all the New York Indians to arrange all matters between them and the United States which required adjustment.' Ex.
		The treaty with the Indians living in New York was not concluded, but in his annual report to congress the secretary of the interior, on December 6, 1864, spoke of the efforts to extinguish the title of these Indians to the Kansas lands, and considered their claims as 'being undeniable and just.' Id.
		After the treaty of May 20, 1842, was ratified, the lands and improvements on the Buffalo Creek reservation in New York were appraised, and the Indians thereon gradually withdrew to the Cattaraugus and Alleghany reservations in New York.
	caselaw.lp.findlaw.com /scripts/getcase.pl?navby=case&court=us&vol=170&page=1 (8047 words)

	Buffalo 1832-1840 (Site not responding. Last check: 2007-10-20)
		City spokesmen (among them the physician and first mayor of Buffalo, Dr. Ebenezer Johnson) say it is caused by Irish immigrants in Quebec who had brought the dread disease with them from the old country.
		Buffalo and Erie County Public Library (BECPL history) was founded in 1836 as the Young Men's Association, not to be confused with the YMCA.
		Black Rock will be Buffalo's rival for the county seat and the terminus of the Erie Canal and will be annexed by the City of Buffalo on April 13, 1853, becoming one of Buffalo's west side neighborhoods.
	freenet.buffalo.edu /bah/h/1840.html (1672 words)

	Morris Reserve - Wikipedia, the free encyclopedia
		In July 1788 Phelps and Gorham obtained Indian title to about 2,250,000 acres (9,105 km²) east of the Genesee River at the Treaty of Buffalo Creek, for $5000 plus an annuity.
		Morris did not obtain Indian title to these lands until September, 1797 by the Treaty of Big Tree (Geneseo), at a cost of $100,000, plus reservations for the Indians of 200,000 acres (800 km²).
		At the north end of the Morris Reserve, a 87,000 acre (352 km²) triangular shaped tract ("The Triangle Tract") was sold by Morris to Herman Leroy, William Bayard and John McEvers, while a 100,000 tract due west of the Triangle Tract was sold to the State of Connecticut.
	en.wikipedia.org /wiki/The_Morris_Reserve (423 words)

	The Oneida Daily Dispatch - News - 02/04/2004 - Sherrill files final Supreme Court brief
		The 1838 Treaty* of Buffalo Creek did not establish the Oneida reservation in New York despite the fact that the treaty required all Oneida living in New York to abandon all lands in New York and move to Kansas, contrary to the express language of the treaty.
		Oneida Indian Nation of New York, the effect of the 1788 Treaty of Fort Schuyler and the 1838 Treaty of Buffalo Creek on the current situation were never addressed.
		The Oneida Indian Nation argues that the 1838 Treaty of Buffalo Creek was limited to Wisconsin lands, and had nothing to do with lands in New York.
	www.oneidadispatch.com /site/news.cfm?newsid=10920509&BRD=1709&PAG=461&dept_id=68844&rfi=6 (703 words)

	CITY OF SHERRILL V. ONEIDA INDIAN NATION OF N. Y.
		That treaty both “acknowledge[d]” the Oneida Reservation as established by the Treaty of Fort Schuyler and guaranteed the Oneidas’ “free use and enjoyment” of the reserved territory.
		The Oneidas who stayed on in New York after the proclamation of the Buffalo Creek Treaty continued to diminish in number and, during the 1840’s, sold most of their remaining lands to the State.
		The court further held that the Buffalo Creek Treaty did not demonstrate a clear congressional purpose to disestablish or diminish the Oneida Reservation.
	straylight.law.cornell.edu /supct/html/03-855.ZO.html (6008 words)

	A Glimpse of Treaties Relating to Letchworth Park
		The 1826 Treaty of Buffalo Creek was the last to directly effect the lands within Letchworth Park.
		That reservation, along with the rest of the Seneca lands, were sold in the controversial Buffalo Creek Treaty of 1838.
		Although it can be argued that the last of the "Indian Title" to Letchworth Park was passed to the white man in the 1826 Treaty or when Dehgewanus left her lands in 1831, it can also be said that the Native connection to these lands have not, and never can be, extinguished.
	www.letchworthparkhistory.com /treaties.html (1228 words)

	Buffalo Creek Treaty of 1838 (Site not responding. Last check: 2007-10-20)
		Treaty with the New York Indians, as amended by the Senate of the United States, June 11th 1838.
		Articles of a treaty made and concluded at Buffalo Creek in the State of New York, the fifteenth day of January, in the year of our Lord one thousand eight hundred and thirty-eight, by Ransom H.
		It is further expressly understood and agreed, that the rejection, by the President and Senate, of the provisions thereof, applicable to one tribe, or distinct branch of a tribe, shall not be con strued to invalidate as to others, but as to them, it shall be binding, and remain in full force and effect.
	tuscaroras.com /jtwigle/pages/treatyof1838.shtml (1714 words)

	liibulletin: City of Sherrill v. Oneida Indian Nation
		Most importantly, the Treaty of Buffalo Creek also provided that New York Oneidas "hereby agree to remove to their new homes in the Indian territory, as soon as they can make satisfactory arrangements with the Governor of the State of New York for the purchase of their lands at Oneida." 7 Stat.
		In 1898, the Supreme Court held that the Buffalo Creek Treaty resulted in a grant of the Kansas lands to the Indians and that forfeiture of these lands could occur only through legislative action; opening the land to settlement, as the federal government had done, was insufficient.
		The Treaty of Buffalo Creek, in regard to the land at issue in New York, did not explicitly disestablish the reservation, but rather opened up the possibility that the Oneidas would remove to Kansas as soon as possible.
	straylight.law.cornell.edu /supct/cert/03-855.html (2490 words)

	UNITED STATE DISTRICT COURT (Site not responding. Last check: 2007-10-20)
		Deny the allegations of paragraph 13, except admit that in the Treaty of Fort Schuyler in 1788 the Oneida Indian Nation ceded and granted all their lands to the State of New York forever and refer to the Treaty of Fort Schuyler as the best evidence of its terms.
		Deny the allegations of paragraph 17 and deny the legal conclusions alleged in paragraph 17, except admit that the June 4, 1802 treaty was concluded in the presence of a United States commissioner and was approved by Senate.
		Under the Treaty of Fort Schuyler of 1788 between the tribe or nation of Indians called the Oneidas and the State of New York, the Oneidas did cede and grant all their lands to the State of New York forever.
	www.madisoncounty.org /motf/atusacii.html (4894 words)

	Buffalo 1841-1865 (Site not responding. Last check: 2007-10-20)
		The Buffalo Gas and Light Company, the first gas company in New York State, is organized on February 29, 1848 to provide gas for nighttime street illumination.
		The original 80 acres of land near the edge of the city were purchased by Charles E. Clarke in 1849 with the intention of establishing a cemetery, based on the French and English example of rural cemeteries.
		Over 60% are foreign born (mostly Catholic): 31,00 are German, 18,000 Irish, both of which live in their own separate enclaves the Germans on the East Side, the Irish in the First Ward (the south side of the city near the terminus of the Erie canal and the city's growing railroad network).
	ah.bfn.org /h/1865.html (5497 words)

	city of sherrill v oneida
		In 1838, the Treaty of Buffalo Creek was enacted.
		Under the terms of the treaty, the Oneidas agreed to exchange their New York lands for lands in Kansas, if certain conditions were met.
		According to Sherrill, the 1838 Buffalo Creek Treaty formally disestablished the Oneida reservation.
	www.law.duke.edu /publiclaw/supremecourtonline/certGrants/2004/citvone.html (575 words)

	GREGORY T. BANNER et al. v. U.S.
		This treaty secured peace between the United States and certain members of the Iroquois Confederacy, and guaranteed their land holdings in exchange for their relinquishing claim to certain western territory.
		This treaty, like the Treaty of Fort Stanwix, recognized the land rights of certain members of the Iroquois Confederacy, including the SNI, and was one of the first federal treaties executed between the United States and any Native American tribe under the authority of the United States Constitution.
		Under the 1842 treaty, the Iroquois were displaced from areas south of Buffalo, but among other things, the SNI retained ownership of the Allegany and Cattaraugus Reservations.
	www.ll.georgetown.edu /federal/judicial/fed/opinions/00opinions/00-5006.html (3538 words)

	Sherrill, NY v. Oneida Indian Nation of New York, et al. - Medill School of Journalism - On the Docket
		In the agreement, the government recognized the treaties each tribe had established with New York and the lands those agreements reserved for the tribes.
		But the Oneidas officially remained in their homeland of New York state until 1838, when under the Treaty of Buffalo Creek, the tribe agreed to abandon their territory in New York and move to Kansas, where land had been set aside for them by the state of New York.
		First, the city reasoned that since the Oneidas’ land was bought by New York in the 1788 Treaty of Fort Schuyler and the reservation then set aside by the state, it was not put aside or superintended by the federal government, a requirement for Indian territory.
	docket.medill.northwestern.edu /archives/000862.php (2038 words)

	Rochester, Monroe County, New York (Site not responding. Last check: 2007-10-20)
		Shortly after concluding the Treaty of Buffalo Creek, Phelps and Gorham gave a 100 acre (0.4 km²) lot within the Mill Yard Tract at the Upper Falls of the Genesee to Ebenezer "Indian" Allen, on condition he build a grist mill and sawmill there by summer 1789 (the "100 Acre Tract").
		In 1851, due to Rochester and Monroe County's tremendous growth, a new three-story county courthouse in the Greek Revival style was constructed.
		Rochester is east of Buffalo and west of Syracuse.
	www.worldhistory.com /wiki/R/Rochester,-Monroe-County,-New-York.htm (4497 words)

	INDIAN AFFAIRS: LAWS AND TREATIES. INDEX.
		325 treaty of January 15, 1838, at Buffalo Creek.
		Cherokee, treaty of December 29, 1835, at New Echota.
		Chippewa of Swan Creek, treaty of May 9, 1836.
	digital.library.okstate.edu /KAPPLER/VOL2/kindex1.htm (1299 words)

	May 21/97: Seneca - mainstream clipping (Site not responding. Last check: 2007-10-20)
		It makes sense, he said, since the Senecas gave up the land on which Buffalo sits with the promise they would be protected from tax issues.
		"If Gov. Pataki is successful, does that set aside the treaty?" the former tribal councilor asked Tuesday at a rally marking the 155th anniversary of the signing of the Buffalo Creek Treaty.
		Article 9 of the 1842 treaty says "the parties...mutually agree...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 the Indians relinquish ownership of the lands.
	www.kahonwes.com /newyork/may21cli.html (297 words)

	INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 2, Treaties
		Indians who remove under treaty of April 4, 1840, entitled to benefits thereof.
		Tenth article of treaty proclaimed April 4, 1840, modified.
		WHEREAS a treaty was heretofore concluded, and made between the said United States, and the chiefs, headmen, and warriors of the several tribes of New York Indians, dated the fifteenth day of January in the year one thousand eight hundred and thirty-eight, which treaty
	digital.library.okstate.edu /kappler/Vol2/treaties/sen0537.htm (440 words)

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