Treaties With Oneida Indians

ONEIDA INDIAN ANCESTRY

 

Treaties with Oneida Indians:

1st and 2nd Christian Parties, & Home Party,

compiled

1834 to 1841

 

includes those families moving to Wisconsin, 

those moving to Canada, & those desiring to remain in NY.

 

Copies made from the 

Madison County Historical Society

Utica, NY

July 2000

by 

William Sommers Quistorf

 

website: Oneida Indian Ancestry

www.angelfire.com/on3/oneida

State of New York} ss:

Albany 

 

I, James McKown Recorder of the City of Albany do certify that on this 
twenty sixth day of February Eighteen hundred and thirty four personally
appeared before me Isaac Denniston and Chester May Junior who having
been duly sworn before me, the said Chester May Junior testified that 
he resides in the town of Vernon Oneida and is a farmer, That he saw 
William L. Marcy, William Cornelius, William Johnson, Cornelius Matoxen, 
Jacob Cornelius, William Day, John Cooper and Isaac Johnson execute
and deliver the within instrument as their respective Act and deed for 
the uses and purposed therein mentioned. He knows them respectively to 
be the same persons therein mentioned and described and who executed
the same and he subscribed his name as a witness at the time of the
execution thereof;and the said Isaac Denniston testified that he saw 
the said instrument executed and subscribed his name as a witness to
the said instrument at the time of the said execution and resides in 
the said City of Albany and knows the said Chester May Junior the said
witness-The said Isaac Denniston being well known to me I am satisfied
by the proof aforesaid of the due execution of the said instrument and
do allow the same to be Recorded-

James McKown, Recorder of Albany.

Examined and Compared with the Original Feb. 26, 1834 by

Archd. Cambell,

Dep. Secretary

____________________________________________________________________________

At a Treaty held in the city of Albany on the twenty fourth day of
February in the year of our Lord one thousand eight hundred and
thirty seven by his Excellency William L. Marcy Governor of the state 
of New York, with William Day , William Cornelius and Henry Jordon, 
Chiefs of the Orchard Party of Oneida Indians it is agreed and 
convenanted as follows, to wit: 

 

The said Indians sell and forever quit claim to the people of the said 
State one acre of land reserved by the treaty of twenty sixth day of 
February one thousand eight hundred and thirty four, being the land on 
which the church or School house stands and is described in a survey 
made by Peleg Gifford in the year one thousand eight hundred and thirty 
four as follows. Beginning at a point in the road, seventy seven links 
on a course South fifty two degrees and thirty minutes West from the 
South West corner of the meeting house, thence south fifty five degrees 
East four chains and twenty five Links, thence North thirty five degrees
East two chains and thirty five and a half links North fifty five 
degrees, West four chains and twenty five links south thirty five 
degrees West two chains and thirty five links to the place of beginning. 
In consideration of which the said Governor agrees herafter to pay to 
the said Indians such sum as may be obtained for the same on the sale 
thereof by the State after deducting therefrom the costs and expenses 
of such sale.

In Testimony Whereof the parties to these presents have hereunto set 
their hands and seals the day and year first above written.

W.L. Marcy ...................................................[L. s]

William Day ..........X his mark .............................[L. s]

William Cornelius.....X his mark .............................[L. s]

Henry Jordan .........X his mark .............................[L. s]

Signed, Sealed and delivered in 

the presence of } Isaac Denniston......................R.J. Hilton

 

STATE OF NEW YORK

ALBANY }ss

On This Twenty fourth day of February 1837, before me personally came 
William L. Marcy Governor of the State of New York and William Day, 
William Cornelius, and Henry Jordan Chiefs of the Orchard Party of the 
Oneida Indians to me severally known to be the same the same persons 
described in and who executed the foregoing Indenture and severally and 
duly acknowledged to me that they had executed the same as their act 
and deed for the uses and purposes therein mentioned. Let it be recorded.

R.J. Hilton

Judge Albany County Courts Counsellor &c.

Examined and Compared with the Original February 24, 1837 by 

Arch'd Campbell

Dep. Secretary.

______________________________________________________________________

A Treaty between the First and Second Christian parties of Oneida
Indians residing in the State of New York of the one part, and the 
People of the said State of the other part:

Whereas many members of the First and Second Christian parties of 
Oneida Indians residing in the Counties of Madison or Oneida or 
elsewhere in the State of New York, are disposed to migrate to Upper 
Canada or elsewhere beyond the limits of said State, and therefore 
desire to sell to the People of the said State, a part of the lands 
situated in said Counties and still belonging to the said Parties 
collectively, proportioned to the numbers so desiring to Emigrate.

And whereas other members of the said two Parties of the Oneida 
Indians, though not at present disposed to sell their own proportion 
of the lands so belonging to the said two parties collectively are 
nevertheless willing that all those members of said two parties, who 
are disposed so to migrate as aforesaid, should do so, and receive an 
equivalent in money for the portion of lands so proposed to be sold 
and are also willing to cooperate and unite in the negotiation and 
execution of a Treaty for such purpose.

And whereas propositions on behalf of all the members of the said two 
parties of Oneida Indians residing in the Counties aforesaid or 
elsewhere in said State, have been made to the Commissioners of the
Land office of said State for the negotiation and execution of a 
Treaty for the sale and cession to the People of said State of the said 
proportion of the lands aforesaid, and for the reservation, location and
description of the residue of said lands to be reserved to such members 
of the said parties of the Oneida Indians residing in this State, as are not 
at present disposed to emigrate, but prefer to remain in the occupation 
of their proportion of said lands. 

And whereas in and by an act of the Legislature of the said State of New 
York entitled "An act relating to the Oneida Tribe of Indians" passed 
March 8, 1839 the Commissioners of the Land Office of said State are 
authorised and empowered to purchase of the said Oneida Indians or 
any party or portion thereof, their lands or any part thereof, situate 
in the Counties of Oneida and Madison from time to time as the 
Commissioners or a majority of them may deem proper and to make such 
Treaties contracts and arrangements with the said Indians or with any 
party or portion of them in relation to the lands of the said Indians
in this State as the said Commissioners or a majority of them may deem 
just and proper but no act of the said Commissioners can have any force 
or effect, until the same shall be approved by the Governor of the said 
State.

And whereas the whole quantity of land situate in said Counties and 
collectively possessed by all the members of the aforesaid two 
parties of Oneida Indians is supposed to amount to 4509 85/100 acres in 
which the estate or interest of the daid Indians according to their 
usage as recognised and acted on in former Treaties with the same tribe 
and in conformity with their present understanding and consent, in 
Common, undivided, and individually equal, so that the quantity of 
said land to be sold and ceded, by virtue of the present Treaty must 
bear the same proportion to the whole quantity of said land as the 
number of Indian souls intending to emigrate bears to the whole number 
of souls included in the said two parties possessing the whole of said 
lands.

And whereas the whole number of souls included in the daid two parties 
of Oneida Indians residing in the said two Counties aforesaid or 
elsewhere in said State, is ascertained to be 578 souls so that if the 
aforesaid whole quantity of 4509 85/100 acres of land were equally 
divided per capita among the whole number of souls, the quantity to 
each individual would be 7 802/1000 acres, and a minute indefinite 
fraction over.

And whereas in order to ascertain the quantity of land possessed by 
the said Tribe which should be ceded and conveyed in order to carry
into effect the objects of this Treaty the names and numbers of the 
said Tribe intending to migrate beyond the limits of this State and 
also the names and numbers of the members of the said tribe intending 
to remain in the occupation of their lands, have been carefully 
ascertained by Nathan Burchard the Attorney of the said Indians and 
Sands Higginbotham, Agents in behalf of the said Tribe and by Salmon 
Case and Timothy Jenkins Agents of the Commissioners of the Land 
office; and lists of the said two parties respectively have been made 
and attested by the said Agents which are hereto annexed as Schedules 
1 and 2 and form a part of this Treaty; in which lists the several 
parties constituting the said emigrating party are designated as 
hereinafter provided.

And whereas according to the usage of the said Indians and the provisions
of former treaties with the same tribr, although their land is possessed
by them collectively and their interest in it is common and undivided, 
yet the improvements made thereon or upon any parts thereof are 
considered as the property of the individuals or families who make such 
improvements.

And whereas the following articles of a Treaty and cession have been 
submitted to his Excellency William H. Seward Governor of the said State 
of New York whose approbation thereof is hereinafter expressed. Now 
Therefore This Indenture made this nineteenth day of June in the Year 
of our Lord one thousand eight hundred and forty between the said 
First and Second Christian Parties of Oneida Indians constituting the 
party of the first part and the People of the State of New York, acting 
by their Agents the Commissioners of the Land Office aforesaid, 
constituting the party of the second part. Witnesseth as follows to wit:

Article I. The above named party of the first part, in considertion of 
the agreements hereinafter contained on the part of the said party of 
the second part, and of the receipt of the sums of money hereinafter 
specified as being paid at the execution and conclusion of this Treaty 
Do hereby grant, bargin, sell, cede and surrender to the People of the 
State of New York all the right, title, estate and interest of the said 
party of the first part in and to so much of all the lands whatsoever 
reserved to and occupied by the daid party of the first part situate in 
the Counties of Madison and Oneida in this State, as shall upon actual 
survey of the said lands as hereinafter provided, be found to be in 
proportion according to the ratio herein before recited, of the said 
Indian members of the said tribe enrolled on the said attested list for 
migration beyond the limits of this State, such proportion of all the 
lands aforesaid being now supposed to be about Fifteen hundred acres: 
to have and to hold the same to the said People forever.

Article II. In order to ascertain and determine the true quantity and 
precise location and description of the lands hereby ceded and conveyed, 
and also to determine the quantity and locate the portion of land to be 
reserved for those Indians who do not intend to migrate, it is hereby 
stipulated and agreed by and between the parties to this treaty that the 
Commissioners of the Land office of the State of New York shall appoint 
a practical and experienced Surveyor on the part of the said State with 
such associations as may be necessary, and that such Surveyor and Sands 
Higginbotham on the part of the said Indians, shall as soon as it can be 
conveniently done, measure and survey the whole of the lands occupied and 
possessed by the said party of the first part in the Counties of 
Madison and Oneida, and in which they have any right or interest, and 
ascertain the full and entire quantity thereof; and they shall partition 
and lay of in a single parcel or tract in a form as compact and 
convenient as may be found practicable, the portion of the said lands 
which shall be the just proportion for those Indians enrolled on the 
aforesaid attested list as intending not to emigrate and to remain on 
their lands which apportionment and partition is to be made so as to 
give to the said party so remaining a quantity of land bearing the same 
proportion to the whole quantity of land so ascertained to belong to the 
party of the first part, as the number appearing on the said attested 
list, of souls belonging to the said remaining party, bears to the whole 
number of souls appearing on the said attested list to belong to the said 
first and second Christian parties without reference to the quality of 
the said land, or to any other consideration than quantity: and the said 
portion shall be located as near as may be within the following limits 
and boundaries: Beginning at the South line of the Indian Reservation 
at a point where Mud Creek intersects the same, thence North to a point 
where a line drawn in a straight direction shall meet the North bounds 
of a tract of 1524 73/100 acres mentioned in Peleg Gifford's map thence 
West along the North line of the said tract so far that a line drawn 
parallel with the West line of the said portion, and extending to the 
South line thereof, shall contain the quantity so ascertained to be 
the proportion to be reserved for the said Indians intending to remain; 
and shall make and subscribe a seperate map and description thereof: 
and the said Surveyor so to be appointed and the said Sands Higginbotham 
shall also make and subscribe a seperate full and correct map and 
description of all the residue of the lands to which the party of the 
first part have any right or title, or of which they are in possession 
in the Counties of Madison and Oneida remaining after the aforesaid 
apportionment and partition. Before entering on the discharge of their 
duties, they shall be sworn before some Justice of the Peace or Judge of 
a Court of Record, faithfully to perform the duties assigned them by 
this Treaty.

The aforesaid maps and descriptions shall state the exact quantity in 
each portion of the said lands shall be acknowledged by the persons 
making the same in the manner to entitle deeds to be recorded and shall 
be annexed to a duplicate of this Treaty and filed in the office of the 
Secretary of State, there to remain of record and shall constitute a 
part of this Treaty as fully as if the same were herein incorporated 
at length. The said portion of land so described and set apart for the 
said Indians intending to remain shall be and remain for the exclusive 
use occupation and possession of the said Indians so enrolled on the 
aforesaid list as intending not to emigrate at present, and to 
remain, and shall be held, had and enjoyed by them and those Indians 
who shall succeed to their rights in the same manner and to the same 
extent as the said lands are now held and occupied by the party of the 
first part to this Treaty subject however to the modifications 
hereinafter contained: and such of the said first and second christian 
parties of Oneida Indians who are enrolled on the said list attested as 
aforesaid, as intending to emigrate hereby release quit claim & 
forever renounceto the said Indians who are so enrolled as intending 
to remain and to those who may succeed them in their rights, all right, 
title, claim and demand whatsoever in and to the said portion of land so 
set apart, described and reserved for the said Indians who do not intend to 
emigrate. It is further mutually stipulated and agreed that the map and 
description so to be made and filed as aforesaid of the lands remaining, 
after the said reservation made as aforesaid for the use of the Indians 
intending to remain, shall be deemed and taken as the designation and 
particular description of the lands and premises ceded and conveyed in 
and by the first article of this Treaty to the People of the State of 
New York. In case the said Sands Higginbotham shall decline or omit or 
be unable to perform the duties herein assigned to him the Chiefs, 
Warriors and Head men of the said Oneida Indians may appoint another
in his place who shall possess the same powers in all respects. The 
expenses of the said surveys maps and descriptions including an 
allowance of three dollars per day to the Surveyor and the said Sands 
Higginbotham respectively or whoever may be appointed in his place, 
shall be advanced by the State of New York, and shall be reimbursed out 
of the proceeds of the sales of the lands hereby ceded to the said State.

Article III. And whereas the persons and souls enrolled on the said 
attested list as intending to emigrate consist of three parties: First - 
A party headed by Moses Schuyler and Abraham W. Sickles, amounting to 
242 who are designated on the said list as the first emigrating party. 
Second - A party intending to migrate to some place not yet definitely 
settled by who desire to receive an advance on account of their interest in 
the Indian lands in order to enable them to find a proper place and 
prepare for their removal there: these are designated on the same 
migrating list as the second emigrating party. Third - A party also 
intending to migrate ultimately but who do not require any advance at 
this time on account of their lands: These are designated on the same 
list as the third emigrating party. Now it is hereby stipulated and 
agreed by and between the parties to this Treaty, that the People of the 
State of New York will advance and pay as hereinafter specified as part 
of the consideration for the purchase and cession of the lands hereby 
ceded and conveyed to the said People the following sums that is to say.

1. On the final conclusion of this Treaty the said People will pay to 
Salmon Case, Ira S. Hitchcock and Nathan Burchard who have been nominated 
by the whole of the said migrating parties as Trustees and Agents for 
the pupose, the sum of Fifteen thousand dollars to be expended under the 
direction of the said trustees and the chiefs and Head men of the said 
first migrating party above specified as follows: nine thousand dollars 
thereof to be paid for the purchase of a tract of land in Canada for 
which the said party has contracted and the residue six thousand dollars 
is to be applied in the payment of the expenses of the delegates to 
Canada to complete the purchase of the said tract, to the payment of 
such debts of the said party as their Chiefs and Head men shall certify 
to be fair and just, and as shall appear to the said Trustees to be of 
that character, and the balance to be distributed among the individuals 
of the said party in such manner and proportions as their Chiefs and Head 
men and the said Trustees shall deem just and equitable in order to 
enable the said individuals to procure the articles which it may be 
necessary or convenient for them to take upon their emigration.

2. After the final conclusion of this Treaty the said People of the 
State of New York, will pay the said Salmon Case, Ira S. Hitchcock 
and Nathan Burchard who have in like manner, been nominated by the 
emigrating Indians Trustees and Agents for the purpose the sum of six 
thousand dollars, to be expended under the direction of the said 
Trustees and the Chiefs and Head men off the said second migrating party 
above specified, in defraying the expenses of the delegates to Canada to 
explore land for the purpose of purchasing the same for the use of the 
said party and of the necessary arrangements to remove them when they 
shall determine on such removal and to the payment of such debts of the 
said second migrating party as their chiefs and head men and the said 
Trustees shall deem to be fair and just, but no more is to be advanced 
in the first instance to the said Trustees or paid out by them than shall 
be necessary to defray the expenses of delegates to Canada to explore 
lands until the said party have made a contract for the purchase or 
received a gift of land and determined on removal; and upon those facts 
being certified by the said Trustees, the balance of the said six 
thousand dollars shall be advanced to them for the other purposes 
herein specified. The said Trustees shall render to the Commissioners 
of the Land Office an account of the disbursement of the monies that may 
be advanced to them under this Article with proper vouchers therefor. 
They shall be entitled collectively to retain one per cent of the nomies 
received and paid out by them as a compensation for their Services.

Article IV. The Commissioners of the Land office will cause the lands 
hereby ceded to the People of the State of New York to be measured and 
subdivided into parcels or lots of convenient and suitable dimensions 
for occupation as farms and for the advantageous sale thereof, and will 
cause the same to be sold in the manner provided for the sale of the 
unappropriated lands of the State, from time to time as rapidly as the 
removal of the said Indians will permit and as will secure the best 
price for the sums and will cause a regular account of the expenses of 
such survey and sale and of all expenses incurred in the negotiation, 
conclusion and execution of this Treaty to be kept; and it is hereby 
stipulated and agreed that the People of the said State will hold 
and retain the abails of all such sales, in trust to be applied to the 
following purposes.

First: to the repayment of all expenses in the survey description and 
partition of the lands which are the subject of this Treaty and of all 
expenses in the negotiation conclusion and execution of the same.

Second: to the repayment of all advances made by the said People on 
account of the cession of the said lands with interest thereon at the 
rate of six per cent per annum.

Third: to pay the residue of the said avails, with all interest that may 
accrue thereon to the several migrating parties specified in the last 
preceeding Article in the proportions herein specified. And it is 
hereby stipulated and agreed that all the avails of the sale of the said 
ceded lands are to be distributed, apportioned and paid to the said 
several migrating parties in the proportions which they respectively 
bear to the whole number of souls enrolled on the said attested list as 
intending to emigrate, and no further variations in the number of the 
said parties are in any manner to affect the proportions as they 
shall exist and appear on the said attested list when the same shall be 
completed.

Article V. The present value of the lands ceded and conveyed to the 
People of the State of New York by this Treaty, with all the improvements 
thereon, shall be apprised and estimated by the persons hereinbefore 
designated to make a survey, map and description thereof, which 
appraisal shall state the value of the improvements separately, and 
shall be subscribed and sworn to by them and filed in the office of the 
Secretary of State. And in case the said ceded lands shall not have been 
sold prior to the first day of May 1841, so as to ascertain the exact 
proportionate sum that will be due and payable to the first emigrating 
party specified in Article III. then it is hereby agreed that the said 
People of the State of New York, will, on that day advance and pay to 
the said first emigrating party such sum in addition to the fifteen 
thousand dollars hereinbefore agreed to be advanced, and the interest 
thereon at six per cent as shall be the just and fair proportion of the 
said migrating party according to their numbers as stated in the said 
attested list, of the said appraised value of the lands so ceded and 
conveyed exclusive of improvements after deducting the expenses 
hereinbefore mentioned and when the sales of the said ceded lands shall 
be completed the People of the said State will pay the said emigrating 
party their just proportion in the ratio aforesaid of the surplus of 
such actual sales of the said lands exclusive of improvements, over and 
above the said estimated value, after deducting the expenses aforesaid. 
The advance and payments to be made to such Chiefs and Head men of the 
said part as shall be duly authorized by the members thereof to receive 
the same.

Article VI. It is hereby stipulated and agreed that the second and 
third emigrating parties specified in the preceding third article, 
shall finally migrate and remove out of this State within three years 
from the date of this Treaty and that during the said three years, 
such of them as remain in this State, may occupy and possess a tract 
of not more than five hundred acres of land ceded and conveyed by this 
Treaty to be located in one parcel by the persons hereinbefore 
designated to survey and describe the said ceded lands, and which 
tract shall be particularly bounded & described by them, in an 
instrument under their hands to be duly acknowledged in the manner to 
entitle deeds to be recorded and filed in the ofice of the Secretary 
of State; the said location to be made so as not to intefere with the 
sales of the residue of the said ceded lands: and at the expiration of 
the said three years, the Indians so occupying the said tract shall 
peaceably and quietly yield up the possession of the same to the 
agents of the state, or to the persons who may have purchased the same 
from the State. And it shall be further sipulated that the Indians 
occupying the said tract shall not commit, nor permit the commission 
of any waste by the destruction of any timber growing on the said 
tract, and that for all such waste a deduction according to the amount 
of the injury, shall be made from any sums which they would be entitled 
to receive according to this Treaty.

Article VII. When the said second migrating party specified in the 
third article of this Treaty shall finally emigrate out of and from 
the limits of this State, provided such migration be made within three 
years as aforesaid, the People of the said State will pay to the said 
party such sum in addition to the advances which may have been made 
pursuant to the stipulations of this Treaty with interest thereon as 
hereinbefore specified, as will be the just proportion of the said party 
according to their numbers as stated in the attested lists aforesaid, 
of the avails of the sales of the lands exclusive of improvements, 
ceded by this Treaty, with the interest after deducting the expenses 
hereinbefore mentioned; or if such lands shall not then be sold, the 
People will advance to the said part their just proportion according 
to the ratio aforesaid, of the value of the said ceded lands, as the 
same shall have been appraised and estimated as hereinbefore provided 
exclusive of improvements: And the said People shall in like manner pay 
to the said third emigrating party when they shall finally emigrate 
out of and from the limits of this State within the three years 
aforesaid, their just proportion according to their numbers stated in 
the said attested lists of the avails of the sales of the lands hereby 
ceded, exclusive of improvements or in case the said lands shall not 
then be sold their just proportion of the value thereof, estimated 
and appraised as aforesaid exclusive of improvements. And in case 
payments shall be made according to such appraised value to the said 
second or third emigrating parties or either of them, then after the 
said lands shall be sold, the People of the said State will pay to the 
said parties respectively their just proportions, according to the 
ratio aforesaid of the surplus of the sales of the said lands, exclusive 
of improvements over and above the said appraised value. And in case 
the said third migrating party shall at any time within the said 
three years desire an advance on account of their interest in the 
proceeds of the said ceded lands, to enable them to explore and seek 
a new home, the said people will make such advances to the Trustees to 
be named by said third migrating party as shall be reasonable for that 
purpose. The payments stipulated to be made in this Article, are to be 
made to such Trustees Chiefs and Head men of the said second and third 
emigrating parties, as shall be duly authorised by the members of the 
said respective parties to receive the same.

Article VIII. The buildings and other improvements upon any part of 
the lands by this Treaty ceded and conveyed to the People of the State 
of New York shall be appraised, and the value thereof estimated by the 
persons hereinbefore authorised to survey and describe the said ceded 
lands, who shall make a detailed statement of the name of the person 
entitled to such improvements the nature and extent thereof generally 
and their fair value which shall be subscribed by them and sworn before 
some Justice of the Peace, to be just and fair, according to the best 
of their judgement and which shall be filed in the office of the 
Secretary of this State: and when the persons entitled to the said 
improvements shall finally migrate out of this state, the said people 
shall pay to them respectively, the said appraised value thereof: 
and the value of the said improvements shall not be estimated in the 
amounts hereinbefore agreed to be paid to any portion or party of the 
said Oneida Indians, as their proportion of the avails of the said 
ceded lands.

Article IX. The buildings and other improvements on the tract called 
the Mission House Lot and the School House and the improvements on 
the School House Lot are not included in the last preceding article; 
but the said buildings and improvements together with the lots on which 
they are erected are the common property of the Second christian Party 
of Oneida Indians, and are included in the lands and premises by this 
Treaty ceded to the People of the State of New York and shall be sold 
by the Commissioners of the Land office in such manner and on such terms 
as shall be calculated to obtain the highest price therefor; and when 
sold the proceeds thereof shall be apportioned among and paid to the 
members of the said second christian party belonging to the several 
migrating parties and the party remaining in this State according to 
their numbers as stated in the said attested lists.

Article X. The meeting house of the party of the first part, and the 
lot on which the same is situated with the improvements thereon 
are included in the lands and premises hereby ceded to the People of 
the State of New York: And the same shall be sold by the Commissioners 
of the Land office and the proceeds of such sale shall be apportioned 
among the members of the first and second christian parties of the 
Oneida Indians according to their respective numbers as stated in the 
said attested lists, and shall be paid to the aforesaid emigrating 
parties and to the party intending to remain in proportion to their 
numbers respectively as stated in the said attested lists: such payments 
to the said emigrating parties to be made in the manner hereinbefore 
stipulated in regard to the ceded lands generally, and the payment to 
the party remaining in this State to be made to such Trustees for their 
use as the members of that party shall duly authorise to receive the 
same.

Article XI. The portion of the said lands of the party of the first 
part hereinbefore reserved for such of the members of the first and 
second Christian parties of the Oneida Indians as intend to remain in 
this State is to be had held enjoyed and occupied by them collectively 
in the same manner and with the same rights title and interest therein 
as appertain to the said party of the first part before the execution 
of this Treaty with the following modifications: When any family 
desirous of having their lands divided off to them or any two or more 
families agreeing to unite in the separate ownership of any portion of 
the said reserved lands, shall be composed of such numbers as would 
entitle them to at least fifty acres according to the ratio hereinbefore 
stated, they may make application to Nathan Burchard, Salmon Case, and 
Timothy Jenkins or to such other persons as may hereafter be appointed 
by the Commissioners of the Land office and upon the said persons 
certifying that the heads of the families so applying are prudent 
industrious and capable of managing and taking care of such lands and 
that the remaining members of the said party generally assent to the 
setting apart to such applicants the said quantity of land to which 
they may be entitled, the Commissioners of the Land office will direct
such quantity to be surveyed measured and described in one convenient 
parcel, and sill thereupon grant a certificate to the persons so 
applying to the effect that they are entitled to hold and occupy in 
severalty the quantity of land so described in lieu of all claim and 
interest of such applicants in and to the Common lands and property of 
the said party so remaining; and such certificate shall operate as a 
Partition between the said applicants and the residue of the said party, 
in respect to all the lands held by them collectively. But the lands so 
set apart and held in severalty shall not be liable to any sale or 
transfer absolute or conditional or to any lease or mortgage to any 
person or body other than the People of the State of New York. The 
expense of such survey and partition, is in all cases to be defrayed 
by the applicants.

Article XII. This Treaty shall be executed in duplicate in the first 
instance by the Chiefs Warriors and Head men of the said first and 
second christian parties of Oneida Indians, with the advice and 
assistance of Nathan Burchard the Attorney of the said Indians, and of 
Sands Higginbotham their agent and Counsellor, and in the presence of 
Salmon Case and Timothy Jenkins agents of the Commissioners of the 
Land office, who will certify that the same has been carefully explained 
to and fully understood by the said Indians: Such execution to take 
effect when the same shall also be executed by the Commissioners of the 
Land office of the State of New York or a majority of them and when it 
shall be approved by the Governor of the said State to be signified by 
his approbation endorsed thereon.

In Testimony whereof Moses Schuyler, Abraham W. Sickles, Baptist Powlis, 
   Peter Elm, Martin Denny, and William Schuyler, Chiefs, Warriors, 
   and Headman of the said First and Second Christian  Parties and 
   chosen and appointed by the said different parties of the said 
   Oneida Indians as their Attorneys and Agents to negotiate and 
   conclude this Treaty have hereunto set their hands and seals and 
   sundry other Chiefs, Warriors, and Headman of the said Indians have 
   also hereto set their hands and seals in token of the consent to 
   this Treaty of the whole tribe composed of the said First and Second 
   Christian Parties: And the Commissioners of the Land office of the 
   said State of New York have also hereto subscribed their names in 
   behalf of the People of the said State, and by the direction of the 
   Governor they have caused the Great Seal of the said State to be 
   hereto affixed. Thus done and executed in duplicate on the day 
   and year above mentioned.

NAME: ..................................MARK..............

Moses Schuyler ...........................X...............[L.S.]

Abram W. Sickles .........................................[L.S.]

Baptist Powlis ...........................................[L.S.]

Peter Elm ................................X...............[L.S.]

Martin Denny .............................................[L.S.]

William Schuyler .........................X...............[L.S.]

Auguste Cornelius.........................X...............[L.S.]

Cornelius Jolond .........................X...............[L.S.]

Elijah Williams...........................X...............[D.S.]

Aaron Cooper..............................X...............[L.S.]

Henry Anton ..............................X...............[L.S.]

Henry Minham..............................................[L.S.]

Lewis Denny ..............................X...............[L.S.]

William Woodman...........................................[L.S.]

Nickolas Swanto ..........................................[L.S.]

Peter Denny ..............................................[L.S.]

William T. Dockstader.....................X...............[L.S.]

Abram Webster.............................................[L.S.]

Jacob Pontis..............................................[L.S.]

Tall Nickolas ............................X...............[L.S.]

William Schuyler, Jun.....................X...............[L.S.]

Jacob Antone..............................X...............[L.S.]

Anthony Bigknife..........................X...............[L.S.]

Daniel Schenadoah.........................X...............[L.S.]

John Thompson ............................X...............[L.S.]

Peter Dockstader .........................X...............[L.S.]

Abraham Hill..............................X...............[K.S.]

Anthony Summer............................X...............[L.S.]

Thomas Summer.............................X...............[L.S.]

Isaac Abraham.............................X...............[L.S.]

William Cornelius.........................X...............[L.S.]

Moses Charles ............................X...............[L.S.]

Peter Isaac...............................X...............[L.S.]

John Homan................................X...............[L.S.]

Moses Schuyler junr.......................X...............[L.S.]

Henry Brown...............................X...............[L.S.]

Peter Powlis .............................X...............[L.S.]

Henry Antone .............................X...............[L.S.]

Cornelius Antone..........................X...............[L.S.]

Jacob Antone..............................X...............[L.S.]

Peter Nickolas............................X...............[L.S.]

Abraham Schuyler Jun......................X...............[L.S.]

Martinus Dockstader.......................X...............[L.S.]

Daniel Canada.............................X...............[L.S.]

Peter Cornelius ..........................X...............[L.S.]

Henry Bread...............................X...............[L.S.]

John Cornelius............................X...............[L.S.]

Abraham Williams..........................X...............[L.S.]

Signed and sealed by the Agents and Chiefs 
of the First and Second Christian Parties 
of Oneida Indians, whose names are subscribed 
in our presence and we certify that the contents 
of the preceding Treaty were carefully explained 
to them and the other members of the said Indian
parties in full council and were fully understood 
by them. The word "attested" on the 4th & the
words "or received a gift" on the 7th pages 
interlined before execution and the three first 
lines on the 8th page written on erasure before
Signature.

                            Salmon Case

                            Timothy Jenkins

                            Sands Higginbotham

                            Nathan Burchard

Executed by the Commissioners of the Land office

                                   John C. Spencer 
                                   {Secretary of State}

                                   Bates Coom 
                                   {Comptroller}

                                   Jacob Haight 
                                   {Treas'r}

                                   O. L. Holley 
                                   {Surveyor General}

In presence of N. Burchard, Atty. for Oneida Indians.

I hereby approve the within and foregoing treaty, and in testimony 
whereof and of the execution of the said Treaty by and in behalf of 
the People of the State of New York I have here caused the great 
seal of the said State to be hereto affixed at the City of Albany 
this twenty second day of June in the year one thousand eight 
hundred and forty.

                              WILLIAM H. SEWARD  [L.S.]

STATE OF NEW YORK }  ss:
Oneida County     }

 

 
On the 20th June 1840 personally appeared before me Salmon Case,

Sands Higginbotham, Nathan Burchard, and Timothy Jenkins to me 

personally known as the subscribing witnesses to the execution of the 

above treaty and being duly sworn before me each for himself says that

he is personally acquinted with Moses Schuyler, Abraham W. Sickles, 

Baptist Powlis, Peter Elm, Martin Denny and William Schuyler and 

each of them and that they are all of them Chiefs or Principal men 

belonging to the First and Second Christian Parties of Oneida Tribe of 

Indians and that they were chosen and appointed delegates by the 

members of the said first and second Christian Parties for the purpose

of making and executing the said Treaty. That the said six delegates

are the persons described in and who executed the said Treaty. That

he personally knows the other Chiefs, Warriors, and Headmen who

signed the said Treaty to be the persons also described in and who 

executed the said treaty and that the said delegates and the said Chiefs, 

Warriors, and Headmen severally executed the said Treaty in the 

presence of each of the said witnesses, for the uses and purposes in the 

said Treaty mentioned and each of the said deponenets became 

subscribing witnesses thereto that said Higginbotham resides in the town

of Lenox County of Madison and that said Case, Burchard, and Jenkins

reside in the town of Vernon and County of Oneida.

Huet H. Bronson

(Justice of the Peace)

 

Schedule No. 1 of all the members of the 1st and 2nd Christian parties 
ofOneida Indians intending to emigrate out of the limits of the State
referred to in the annexed Treaty and which lists consists of three 
distinct parties numbered 1, 2, and 3 as follows. The following is a 
list of Oneida Indians composed of the first and second christian 
parties desiring to migrate to Canada with Moses Schuyler their 
principal Chief being the first emigrating party referred to in the 
annexed Treaty. Those belonging to the first Christian Party are first 
mentioned in the list.




FIRST CHRISTIAN PARTY:

Henry Antone....................Elizabeth Silver .............Sally Smith

Hannah Antone...................Caty Silver - 4...............Baptist Smith

Jacob Antone - 3 ...............Jacob Antone -2 ..............Margaret Smith

Cobus Silver ...................Jacob Antone Jun - 2 .........Elizabeth Smith - 4

Mary Oliver ....................Layann Doxtater - 1...............

Nicholas Schenandoah............Mary Cornelius ...............Betsy Schuyler

Mary Schenandoah ...............Margaret Cornelius - 9........Thomas Schuyler

Eve Schenandoah ................Henry Schuyler ...............Goene Schuyler - 5

Susy Schenandoah ...............Betsy Schuyler ...............Elizabeth Isaac

Christine Schenanadoah..........Mary Schuyler ................Jenny Isaac

Martinus Schenandoah -6 ........Sally Schuyler ...............Moses Isaac

John Littleman - 1..............Margaret Schuyler ............Daniel Canada

Mary Kick ......................Moses Schuyler ...............male inf., no name -5

Betsy Kick - 2/23 ..............Lathrop Schuyler .............Jenny Elijah

Second Christian Party .........Joseph Schuyler ..............Jenny Elijah Junr

Abraham Sickles ................Martinus Schuyler ............Betsy Elijah

Goene Sickles ..................John Schuyler ................Daniel Elijah - 4

John Sickles ...................Jenny Schuyler ...............Lewis Thomas

Hannah Sickles .................Goene Schuyler ...............Betsy Thomas

Male Infant without 

name - 5........................Infant no name................Mary Thomas

William Peter ..................Daniel Hill ..................Margaret Thomas

Jenny Peter ....................Moses Schuyler - 15 ..........Jacob Thomas

Susa Peter .....................Christopher Schuyler .........Caty Thomas - 6

Margaret Peter .................Mary Schuyler ................Margaret David

Lewis Peter ....................Thomas Schuyler ..............David David 

Sally Peter 

Jacob Peter ....................Henry Schuyler ...............Sally David 

Abraham Peter ..................Elisabeth Schuyler ...........Caty David - 4

Peter Peter - 9 ................Margaret Schuyler - 6 ........Isaac Abraham

Cornelius Island ...............Caty Powlis ..................Peter Abraham

Baptist Island .................Cornelius Powlis - 2 .........Margaret Abraham

Sally Island 

Mary Island ....................Eliasur Cornelius ............Sally Abraham - 4

Soun Island ....................Sally Cornelius ..............Elijah William

Moses Island ...................William Cornelius.............Mary William

................................Cornelius Cornelius-4 ........Goene William

Moses Schanandoah alias ........Sally Sickles.................Caty William

Betsy Island - 7 ...............Eliazbeth Sickles ............Abraham William

August Cornelius ...............Edward Sickles ...............John William

Mary Cornelius .................Peter Sickles ................Mary William

John Cornelius .................Isaac Sickles ................Ebenezer William

Caty Cornelius .................Margaret Sickles .............Eve William - 9

Hannah Cornelius ...............Mary Sickles - 7

Thomas Cornelius ...............Abraham Schuyler

Martinus Cornelius .............Mary Schuyler

Goene Williams .................Peter Nicholas................Margaret Schuyler

Caty Williams...................Jarusha Nicholas .............Hannah Schuyler - 9

Bigvoice Williams ..............Elizabeth Nicholas ...........Old City 

James Williams .................Bread Nicholas................John Fish

Caty Williams Jun - 5 ..........Abraham Nicholas .............eight others living

..............................................................at Tonawanda all

..............................................................relations of Old 

................................Betsy Nicholas ...............City - 10

Cornelius Nicholas..............Moses Nicholas - 15 ..........Peter Schuyler

Margaret Nicholas ..............Goene Day ....................Elizabeth Schuyler

Jonathan Nicholas ..............Caty Day .....................Abraham Schuyler

Baptist Nicholas ...............Adam Thompson.................Mary Ann Schuyler

Elizabeth Nicholas - 6 .........Jacob Thompson - 4 ...........Betsy Schuyler -5

Caty William ...................Jacob Antone..................Jerusha Williams

John William ...................Margaret Antone ..............Susa Williams

one infant not named - 3........Mary Antone - 3 ..............Eavy Williams - 3

Henry Antone - 2................William Dockstader ...........Margaret White

Margaret Antone ................Margaret Dockstader ..........Lewis White - 2

Goene Antone ...................Elizabeth Dockstader..........Goene George

Elizabeth Antone ...............Baptist Dockstader ...........Baptist George - 2

Jonathan Antone ................Goene Dockstader .............Caty Aaron

Moses Antone ...................Rachel Dockstader ............Antone Aaron

Elizabeth Antone Jun -7 ........Susy Dockstader ..............Mary Yarn

Job Antone .....................Daniel Dockstader ............Cretia Aaron - 4

Sally Antone ...................Elizabeth Brown ..............Hannah Brown

Elizabeth Antone ...............Betsey Dockstader ............Dolly Brown

Baptist Antone .................Cornelius Dockstader - 11.....John Brown

Caty Antone ....................Eve Honyost - 1 ..............Jenny Brown

Moses Antone ...................Peter Nicholas - 1............Rachel Brown - 5

John Antone ....................Cretia Island ................John Stephens - 1

Mary Antone - 8 ................James Island .................Jacob Stephens -1

Peter Honyost - 1 ..............Mary Island - 3 ..............John Brown

Big Nicholas ...................Cobus Hamer - 1 ..............Betsy Brown

Susa Nicholas ..................Moses Schuyler ...............Susa Brown - 3

William Nicholas ...............Dolly Schuyler ...............John Cornelius - 1

John Nicholas...................Elizabeth Sickles ............William White

..............................................................Caty White

Cornelius Nicholas .............Thomas Schuyler ..............John White - 3

Nicholas Nicholas ..............John Schuyler ................2nd Christian P - 219

Henry Nicholas .................Jenny Schuyler ...............1st Christian P -  23

Jacob Nicholas .................Thomas Schuyler 2nd ..........Total ........... 242

 

The following is a list of Oneida Indians composed of the first and 

second Christian parties desirous of migrating to some place not fully 

settled upon and for whose benefit or such of them as choose to 

remain, the five hundred acres are proposed to be reserved in part

and who desire to receive the six thousand dollars named in the Treaty

and being the second emigrating party referred to in the annexed Treaty.

Those belonging to the first christian party are named first in this list.




First Christian Party: ..............Maria Bread ...................Sally Adams

Anthony Bigknife ....................Mary Bread - 2 ................David Sherwin

Honyost Bigknife ....................Betsy Shunk - 1................Mary Hiss - 3

Margaret Bigknife ...................Betsey Powlis .................Anthony Summer

Elizabeth Bigknife - 4 ..............Caty Powlis ...................Elizabeth Summer - 2

Elizabeth Wheelock ..................Baptist Powlis 2d - 1 .........Sally Abraham

Nicholas Wheelock - 2 .............. Martin Powlis - 1 .............Betsey Abraham

Mary Hill - 1 .......................Joseph Dockstader .............Sally Abraham Jr - 3

Mary Shenandoah .....................son of Thomas .................Hannah Summer

.....................................Dockstader - 1 ...............

Sally Kick ..........................Moses Dockstader - 1/36........Joseph Summer - 2 

Hannah Kick ........................................................Caty Nicholas

David Kick - 3....................Second Christian Party ...........Antone Nicholas - 2

Thomas Bear .........................Abraham Stephens ..............Sally Stephens

Cretia Bear .........................Sally Stephens - 2 ............Jerusha Stephens

Mary Bear - 3 .......................Peter Powlis - 1 ..............Hannah Stephens

Isaac Dockstader - 1.................Caty Sherwen - 1 ..............Abraham Antone

Henry Farmer - 1 ....................Caty Hill .....................Melinda Stephens

Lucy David ..........................Peter Hill.....................Susa Antone - 6

Fish David - 2 ......................Thomas Hill ...................Peter Antone

Cornelius Summer - 1 ................John Hill .....................William Antone - 2

Elizabeth Doctar - 1 ................Margaret Hill .................Jacob Abraham

Abraham Schuyler Jr. - 1 ............Cornelius Hill.................Abraham Isaac - 1

Peter Denny .........................Baptist Hill ..................Lewis Denny - 1

Margaret Denny ......................Honyost Hill - 8 ..............Peter Elm

Caty Denny ..........................Susa John .....................Abraham Elm - 2

Honyost Stephens ....................Thomas John ...................William Woodman - 1

Jacob Denny - 5 .....................James John - 3 ................Henry Abraham

Mary Denny .........................................................Goene Abraham

Susa Abraham ........................Elizabeth Thomas ..............Thomas Onondaga - 1

Jerusha Abraham - 4 .................Mary Ann Thomas ........2nd Christian Party - 53

Hannah Thomas........................Baptist Thomas .........1st Christian Party - 36

Hannah Thomas, 2d ...................Jenny Thomas ...........Total ................89

.....................................Mary Thomas - 7

 

The following is a list of Oneida Indians composed also of the first and 

second Christian parties desirous also of migrating to some place not 

yet fully settled upon and for whose benefit or such of them as shall 

choose to remain the five hundred acres is proposed to be reserved in 

part but not desire to receive any part of the $6,000, nor any part of the 

money arising from the sale of their lands until they are ready to migrate

being the third Emigrating referred in the annexed Treaty those belonging 

to the first Christian party are named first on the list.




First Christian Party:

Jacob Powlis......................Baptist Powlis ................Solomon David

Sally Powlis......................Mary Powlis....................Cornelius David

Jenny Powlis......................Henry Powlis ..................Anthony David - 8

Peter Powlis .....................John Powlis ...................Jenny Thompson

John Powlis ......................James Powlis ..................Elizabeth Thompson

Thomas Powlis ....................Moses Powlis ..................Martinus Thompson

Mary Powlis.......................Martinus Powlis ...............Joseph Thompson - 4

Sally Powlis .....................Abraham Powlis ................Henry Bread

Souner Powlis ....................Cornelius Powlis ..............Caty Bread - 2

Sally Bigknife ...................Besey Powlis - 10 .............William Shunk

Thomas Bigknife ..................Susa Hill .....................Margaret Shunk

Mary Bigknife ....................William Hill ..................Infant not named - 3/56

Jerusha Bigknife..................Jacob Hill - 3

Peter Bigknife ...................Martinus Elijah...............Second Christian Party

Betsey Bigknife ..................Daniel Elijah - 2 .............Hannah Sherwin -1

Edward Bigknife ..................Margaret Wheelock .............William Thomas

Cretia Bigknife ..................Joseph Wheelock - 2 ...........Cornelius Thomas

Henry Bigknife ...................Esther David ..................Sally Thomas

William Bigknife .................Henry David ...................John Thomas

Caty Bigknife ....................Thomas David ..................Lucy Thomas

Anthony Bigknife 2d - 12 .........John David ....................Caty Thomas - 6

Isaac Wheelock ...................William David

Jenny Powlis - 1 .................Cornelius Martinus

Moses Martinus ...................Betsey Martinus - 4

Abraham Martinus .................Anthony Nicholas - 1

..................................2d Christian Party................13

...................................1 Christian Party ...............56

..............                            Total ....................69

...................................................Total Schedule: ..............1,400

 

                         SCHEDULE NO. 2

The following is a list of the oneida Indians composed of the First and

Second Christian Parties desirous of remaining on their lands and not

selling the same and to whom is appropriated the 1500 acres mentioned

in the proposition for a Treaty. This list embraces all the Indians interested 

in the lands of said parties not named in the foregoing list.

First Christian Party:........Elizabeth Schenandoah - 5 .........Thomas Schenandoah

Mary Antone .........................................24 .........John Powlis - 5

Dolly Antone .................Second Christian Party ............Peter Isaac

William Antone ...............Thos. Cornelius Family ............Sally Isaac

Jacob Antone .................Elizabeth Cornelius ...............Elizabeth Isaac - 3

Hannah Antone - 5 ............John Cornelius ....................Caty Jordan

Henry Ninham..................William Cornelius .................David Charles

Elizabeth Ninham .............David Cornelius ...................Jerusha Jordan

Abraham Ninham................John Adams ........................Solomon Jordan

Daniel Ninham.................Susan'h Cornelius - 6 .............Elizabeth Jordan

Caty Ninham...................Martin Denny ......................Elis Jordan--'6

Elijah Ninham ................Elizabeth Denny ...................Peter Summer

Thomas Ninham -7..............Martin Denny Jr. ..................Caty Summer

Peter Dockstader..............David Powlis.......................Dolly Summer

Lucretia Dockstader...........Hanyost Powlis ....................Sally Summer

Mary Dockstader...............Susanna Powlis - 6.................Abraham Summer

Cornelius Dockstader .........Abraham Webster....................Abraham Summer,Jr. - 6

Elizabeth Dockstader..........Hannah Webster.....................Hannah Charles

Caty Dockstader...............Isaac Webster......................Moses Charles

Jenny Dockstader..............Caty Webster.......................Abraham Charles

Dolly Dockstader..............Betsey Webster.....................Caty Charles

Margaret Schenandoah..........Sally Schenandoah .................Thomas Charles - 5

Baptist Schenandoah ..........Dolly Schenandoah..................Lucy Horner

Jacob Schenandoah.............Abraham Schenandoah ...............Thomas Horner

John Horner...................Jenny Cooper.......................John Thompson

Elizabeth Horner - 4 .........Caty Cooper .......................Coe Thompson

Elizabeth Lefort .............Betsey Cooper .....................Antone Thompson

..............................Moses Cooper - 9 

Cloat Lefort..................William Charles....................Thomas Thompson

Abraham Lefort ...............Sally Charles .....................Nicholas Thompson

Goene Lefort .................Elizabeth Charles .................Jacob Antone - 1

Fatus Lefort - 5..............Goene Charles - 4 .................Joseph Honyost

Thomas Summer ................Caty Charles ......................Martinus Honyost

Mary Summer ..................Margaret Charles ..................Elijah Honyost - 3

John Summer ..................Susa Charles ......................Martinus Williams - 1

Baptist Summer................Mary Charles ......................Baptist Elm

Hannah Summer ................Daniel Charles - 5 ................Caty Elm

William Summer ...............Mary Antone........................Mary Elm - 3

Dolly Summer - 7 .............Anthony Antone ....................William Schuyler 2d

Elizabeth Hill ...............Susa Antone .......................Elizabeth Schuyler

Sally Hill....................Mary Antone .......................Baptist Schuyler

Peter Hill ...................Thomas Antone .....................Thomas Schuyler

Cornelius Hill - 4 ...........Fage Antone .......................Nelly Schuyler - 5

Peter Webster ................Elizabeth Antone ..................Elizabeth Abraham

Mary Webster..................Cornelius Antone ..................Jenny Abraham - 2

Abraham Webster - 3 ..........Caty Antone - 9 ...................Elizabeth Brown

William Schuyler .............Isaac Judah - 1 ...................Moses Brown - 2

Mary Schuyler ................Elizabeth Schuyler ................Rachel Island

William Cornelius ............Betsey Schuyler ...................Abr. Island

Margaret Schuyler ............James Schuyler ....................Susa Island

.................................................................Cornelius Island

Caty Schuyler ................William Schuyler ..................Thomas Island

Eve Schuyler .................Peter Schuyler ....................Margaren Island - 6

Rachel Schuyler - 7 ..........Susanna Schuyler - 6 ..............Joseph Island alias

Jacob Schuyler ...............Abraham Schuyler - 1 ..............Joseph Onondaga

Elizabeth Schuyler ...........Peter Webster .....................Betsey Island

Louis Schuyler ...............Jenny Webster .....................Elizabeth Island

Cornelius Schuyler ...........Mary Ann Webster ..................Jenny Island

William Schuyler 2d - 5 ......Daniel Webster.....................Antone Island - 5

Aaron Cooper .................Thomas Webster ...............2nd Christian Party - 154

Hannah Cooper ................Hannah Webster ...............1st Christian Party -  24

Dolly Cooper .................Mary Webster

Margaret Cooper ..............Henry Webster ...............Schedule 2 total ......178

Susa Cooper ..................Dolly Webster ...............Schedule 1 total ......400
                                                                                  ____
                              Total...............................................578

 

 

We Nathan Burchard, Attorney for the Oneida Indians, Sands 

Higginbotham, Agent for the First and Second Christian Parties

of the said Indians and Salmon Case and Timothy Jenkins, 

appointed by the Commissioners of Land Office of the State of 

New York Do hereby certify that the foregoing list of members

of the 1st and 2d Christian Parties of Oneida Indians intending to 

emigrate out of this State, contained in the preceding Schedule 

No. 1 and the foregoing list of members of the said parties 

intending not to emigrate and to remain contained in the preceding

Schedule No. 2 have been carefully made out from personal 

examination and from authentic information derived from the said 

Indians and have been read and assented to by them in full counsel

and the said lists are therefore hereby attested by us as being in all 

respects accurate and correct.

Dated: June 20th 1840

                                     Nathan Burchard

                                     Sands Higginbotham

                                     Salmon Case

                                     Timothy Jenkins

Examined and compared with the original, September 4, 1840 by 

                                     Arch'd Campbell

                                     (Dep. Secretary)

 

______________________________________________________________________________________

A Treaty between the First & Second Christian Parties of Oneida Indians 

that reside on the Oneida Reservation of June 19th in the year 1840 & 

residing in the State of New York constituting party of the first part & the 

People of the State of New York being party of the second part.

Whereas many members of the said party of the first part residing on said

Reservation are disposed to migrate to Upper Canada or elsewhere 

beyond the limits of said State; and therefore desire to cede to the said 

People of the said State aforesaid a part of the lands so reserved by the 

Treaty made June 19th 1840 by & between said First & Second 

Christian Parties of the Oneida Indians of the one part & the said 

People of the other part & still belonging to the said party of the first 

part collectively as tenants in common proportioned to the numbers so

desiring to emigrate.

And Whereas the other members of the said party of the First part though 

not at present disposed to sell their own proportion of the lands so 

belonging to the said party of the first part collectively are nevertheless 

willing that all those members of said party of the first part who are 

disposed so to migrate as aforesaid, should do so & receive an equivalent

in money to cooperate & unite in the negotiation & execution of a Treaty

for such purpose.

And Whereas an attested list had been made out of all the members

remaining of the party of the first part & the whole number has been 

ascertained to be 182 souls of which number thirty six souls are 

enrolled on the attested list for migration beyond the limits of said 

State & the Chiefs, Warriors, and Headmen of said party of the first

first part consenting & agreeing in relation to the quantity & location

of the lands to be conveyed & ceded to the said State.

And Whereas in & by and act of the Legislature of the Said State of 

New York entitled " An act relating to the Oneida Tribe of Indians

passed March 8, 1839 the Commissioners of the land office are 

authorized & empowered to purchase of any party or portion of the 

party of the first part their lands or any part thereof situate in the 

Counties of Madison & Oneida from time to time as the Commissioners

or a majority of them may deem proper, according to the form of the 

Statute so made & provided.

And Whereas the whole quantity of land situate lying and being in the 

town of Lenox in the County of Madison and xollictively possessed

by all the members of the aforesaid two parties of Oneida Indians is 

ascertained to be 1388 75/100 acres in which the estate or interest of 

the said Indians according to their usage as recognized & acted on in

former treaties with the same tribe is undivided and individually equally

and in case the whole quantity of 1388 75/100 acres of land were 

equally divided per capita among the whole number of souls the quantity 

to each individual would be 7 63/100 acres and a minute indefinite fraction 

over.

And Whereas Lists of the said two parties respectively have been made 

& attested by the said party of the first part & the said people party of 

the second part which are hereto annexed as Schedules 1 & 2 and form

a part of this treaty in which lists the several parties constituting the said

party intending " to migrate & the party hereinafter designated as the 

" Home party" are more particularly enrolled & described."

And Whereas the following Articles of a Treaty and cession have been

submitted to his Excellency William H. Seward, governor of said State 

of New York whose approbation thereof is hereinafter expressed.

Now Therefore This Indenture made this 8th day of March in the Year

of our Lord one thousand eight hundred & forty one Between the 

said Remaining parties of the first and Second Christian parties of 

Oneida Indians constituting the party of the first part and the People

of the State of New York acting by their Agents and Commissioners

of the Land office aforesaid constituting the party of the Second

part Witnesseth as follows to wit:

ARTICLE 1: The above named party of the first part in consideration

of the agreement hereinafter contained on the part of the said party of 

the agreement hereinafter contained on the part of the said party of the 

second part and of the receipt of the sums of money hereinafter specified 

as to be paid at the execution & conclusion of this Treaty. Do hereby 

grant, bargain, sell cede and surrender to the People of the State of 

New York all the right, title, estate and interest of the said party of the 

first part in & to all that part of the said reservation of June 19th 1840

Bounded & described as follows to wit.

Beginning at the South east corner of the said reservation as established

by the Treaty of June 19 1840 in the centre of the Oneida Turnpike at

South Mud Creek, a Stone monument standing on the westerly line of 

said Turnpike, links north from the centre of said creek & Turnpike 

and from thence running south fifty four degrees & thirty minutes west in 

the centre of the said Turnpike eleven chains & eighty links a Stake North 

links, thence North one hundred & five chains ten links to stake thence

north eighty nine chains & seventy five links to a stake standing on the 

west line of said Reserve: Thence north one degree & fifteen minutes 

east on the said west line fourteen chains and eighty two links to the north

west corner thereof; A stone monument marked N.W.C. R. No. 2: 

Thence South eighty nine degrees & thirty minutes east on the north 

line of said Reserve one hundred & eleven chains & fifty links to the 

north east corner thereof: A stone monument marked N.E.C.R. No. 24.

30. Thence South one degree & fifteen minutes west on the east line of

said reserve one hundred & thirteen chains & eight links to the place of 

Beginning: Containing Two hundred Seventy four 75/100 acres of land

(274.75 acres).

ARTICLE 2: The Commissioners of the Land office will cause the 

lands hereby ceded to the People of the State of New York to be 

measured & subdivided into parcels or lots of convenient and 

suitable dimensions for occupation as farms & for the advantageous 

sale thereof: and will cause the same to be sold in the manner provided

for the sale of unappropriated lands of the State from time to time as 

rapidly as the removal of the said Indians will permit, and as will 

secure the best price for the same and will cause regular accounts of 

the expenses of such survey and of all expenses incurred in the 

negotiation, conclusion & execution of this treaty to be kept, and it 

is hereby stipulated & agreed that the People of the said State will

hold & retain the avails of all such sales in trust to be applied to the 

following purposes.

First, To the repayment of all advances made by the said People on 

account of the cession of the said lands with interest thereon at the 

rate of six per cent per annum.

Second, to the Repayment of all expenses in the survey description 

and partition of the lands which are the subject of this treaty and of 

all expenses in the negotiation conclusion and execution of the same.

Third, to pay the residue of the said avails with all interest that may 

accrue thereon to the chiefs, headmen & individuals of the said

emigrating party whenever they shall be ready to migrate & depart

beyond the limits of this State.

ARTICLE 3: And Whereas the persons & souls enrolled on the 

said attested list as intending to migrate beyond the limits of said

States amount to 36 souls.

1. On the final conclusion of this Treaty the said People will pay to

Nathan Burchard, Salmon Case & Ira S. Hitchcock of the town of

Vernon in the County of Oneida who have been nominated by the

whole of the said migrating party as Trustees and agents for the 

purpose the sum of nine hundred dollars to be expended under the 

direction of said Trustees and the Chiefs & Headmen of the said

emigrating party & to be appplied in the payment of such debts of 

the said party as their chiefs and Headmen shall certify to be fair & 

just and as shall appear to the said Trustees to be of that character

& the balance to be distributed among the individuals of the said party 

in such manner & proportions as their chiefs & headmen and the said

individuals to procure the articles which it may be necessary or 

convenient for them to take upon their emigration.

The said Trustees shall render to the Commissioners of the land 

office an account of the disbursement of the moneys that may be

advanced to them under this article with proper vouchers thereof.

They shall be entitled collectively to retain one per cent of the 

moneys received & paid out by them as a compensation for their

services.

ARTICLE 4: The present value of the above described lands ceded to 

the People of the State of New York by this Treaty with all the 

improvements thereon shall be appraised and estimated by a Survey

or appointed on the part of the Commissioners of the Land Office of 

the State of New York and Sands Higginbotham a commissioner chosen 

on the part & behalf of the said Oneida Indians which appraisal shall state

the value of the improvements separately and shall be subscribed & sworn

to by them & filed in the office of the Secretary of State & in case the said 

ceded lands shall not have been sold prior to the first day of May next so

as to ascertain the exact proportionate sum due & payable to each person

of said party so enrolled as intending to migrate: Then it is hereby agreed 

that the said People of the State of New York will on or before that day 

advance and pay the said emigrating party the full amount of said appraised

value of said ceded lands exclusive of improvements after deducting the 

expenses hereinbefore mentioned, and when the sales of said ceded lands 

shall be completed: The People of the said State will pay to the said 

emigrating party the surplus of such actual sales of the said lands 

exclusive of improvements over & above the said estimated value after

deducting the expenses aforesaid.

The said advances & payments to be made to such chiefs & headmen 

of the said emigrating party, as shall be duly authorixed by the members 

thereof to receive the same. "but such payments not to be made until 

possession of the lands hereby ceded be surrendered."

ARTICLE 5: The buildings & other improvements upon any part of the 

lands by this treaty ceded & conveyed to the people of the State of 

New York shall be appraised and the value thereof estimated by the

persons hereinbefore authorized to appraise the said ceded lands who 

shall make a detailed statement of the names of the persons entitled to 

such iimprovements the nature & extent thereof generally and their fair

value, which shall be subscribed by them & sworn before a justice of 

the peace to be just & fair according to the best of their judgment and

which shall be filed in the office of the Secretary of State which appraised 

value shall be paid to each & every individual respectively to whom the 

appraised improvements mey belong when they shall finally migrate out 

of said State and the value of the said improvements shall not be estimated

in the amounts hereinbefore agreed to be paid to any party or portion

of the said Oneida Indians as their proportion of the avails of the said

ceded lands.

ARTICLE 6: It is hereby further stipulated & agreed that such of the said 

First & Second Christian parties of the Oneida Indians who are enrolled

on the said list attested as aforesaid as intending to emigrate here by 

release quit claim & forever renounce to the said Indians who are so 

enrolled as intending to remain and to those who may succeed them in their 

rights, all right title claim & demand whatsoever in & to the said portion of 

lands so set apart described and reserved for the said Indians who do not

intend to emigrate: Bounded & described as follows to wit:

Beginning at a stone monument placed on the South West corner of said

Reservation of June 19th in the year 1840 marked S.W.C.R. & No. 12 

& from thence running north one degree & fifteen minutes east along the 

west line of the same one hundred & nine chains & fifty eight links to stake:

thence south eighty nine degrees and thirty minutes east ninety nine chains

and seventy five links to a stake: thence South one hundred & five chains

& seven links to the centre of Oneida Turnpike Then South fifty four degrees

& thirty minutes west along the centre of said Turnpike eleven chains a 

stone monument on the west line of the same No. 8 degrees 15' N links

marked S.G.R. W line of Turnpike & thence north eighty eight degrees &

fifteen minutes west ninety three chains & twenty six links to the place of 

beginning containing Eleven hundred and fourteen acres of land which land 

so reserved for such of the members of the first & second christian parties

of the Oneida Indians as intend to remain in this State is to be had held 

enjoyed & occupied by them collectively in the same manner & with the 

same right title & interest therein as appertained to the said party of the 

First part before the excution of this Treaty with the following modifications.

When any family desirous of having their lands divided off to them

or any two or more families agreeing to unite in the separate ownership

of any portion of the said reserved lands shall be composed of such numbers

as would entitle them to at least Fifty acres according to the ratio hereinbefore

stated, they may make application to Nathan Burchard, Salmon Case &

Ira S. Hitchcock or to such other persons as may hereafter be appointed

by the Commissioners of the Land office and upon the said persons

certifying that the heads of the families so applying are prudent, industrious 

& capable of managing & taking care of such lands & that the remaining 

members of the said party generally assent to the setting apart to such 

applicants the said quantity of land to which they may be entitled, the 

Commissioners of the Land office will direct such quantity to be measured

& described in one convenient parcel & will thereupon grant a 

certificate to the persons so applying to the effect that they are entitled

to hold & occupy the same in severalty & the quantity of land so 

described shall be in lieu of all claim & interest of such applicants in & to

the common lands & property of the party so remaining and such certificate

shall operate as a partition between the said applicants & the residue of said 

party so remaining in respect to all the lands held by them collectively. But

the lands so set apart & held in severalty shall not be liable to any sale or 

transfer absolute or conditional or to any lease or mortgage to any person

or body other than the People of the State of New York. The expense of 

such survey and partition is in all cases to be defrayed by the applicants.

ARTICLE 7: It is hereby further stipulated & agreed by & between the 

respective parties to this treaty that the whole number of soulsenrolled on 

said attested lists shall not be affected by any future variations by reason

of births, deaths, or otherwise from what they now appear " on the 

attested lists annexed to this Treaty."

And it is further stipulated & agreed by & between the said parties, that

the map & the certificates of survey endorsed thereon & duly authenticated

& sworn to, by Nathan Burchard, Deputy surveyor & appended to this 

Treaty shall be forever deemed the metes bounds & descriptions of said

ceded lands & the lands so reserved.

And it is hereby further stipulated & agreed by & between the respective 

parties to this Treaty that this party of the second part shall pay to the 

chiefs & headmen of the said migrating party to be applied under the 

direction & superintendence of Nathan Burchard, Attorney for the said

Oneida Indians the sum of eighteen hundred & fifty dollars out of the avails

of the sale of said ceded lands in payment for a Tract of land purchased

by the said Attorney for the said emigrating party in the township of 

Delemore, London District in the province of Upper Canada.

ARTICLE 8: This Treaty shall be executed in duplicate in the first 

instance by the chiefs, warriors, headmen of the party of the first part

with the advice & assistance of Nathan Burchard, Attorney for said

Indians, and of John P. Sherwood, a justice of the peace of the County

of Oneida who will certify that the same has been carefully explained

to & understood by them the said Indians: such execution to take

effect when the same shall also be executed by the Commissioners of

the Land office of the State of New York or a majority of them and 

when the same shall be approved by the Governor of the said State

to be signified by his approbation endorsed hereon.

In testiomy whereof the said chiefs, warriors, & headmen of the party

of the first part have hereunto set their hands and seals in token of the 

consent to this Treaty of the whole tribe of said Oneida Indians 

constituting the party of the first part.

And the Commissioners of the Land office of the said State of New 

York have also hereto subscribed their names in behalf of the people

of the said State & by the direction of the governor they have caused

the great seal of the said state to be hereto affixed this done & executed 

in duplicate on the year & day above mentioned.

Peter Summers ............his mark ........X.......Chief.......[L.S.]

John C. Thompson .........his mark ........X...................[L.S.]

Abram Charles ............his mark ........X...................[L.S.]

Abram Summers.............his mark ........X...................[L.S.]

William Schuyler 2d.......his mark ........X...................[L.S.]

Martin Williams...........his mark ........X...................[L.S.]

Thomas Charles ...........his mark.........X...................[L.S.]

Henry Nimham Jr................................................[L.S.]

Thomas Summers............his mark.........X...................[L.S.]

Abram Schuyler ...........his mark.........X...................[L.S.]

Aaron Cooper, chief.......his mark ........X...................[L.S.]

Abram Webster.............his mark ........X...................[L.S.]

Martin Denny .............his mark ........X...................[L.S.]

Peter Doxtader............his mark ........X...................[L.S.]

Henry Niimham..................................................[L.S.]

Daniel Schendoah..........his mark.........X...................[L.S.]

Peter Isaac ..............his mark.........X...................[L.S.]

David Charles ............his mark ........X...................[L.S.]

William Summers...........his mark.........X...................[L.S.]

Signed and sealed by the warriors and the chiefs fo the first

& second christian parties of the Oneida Indians constituting

party of the first part whose names are subscribed in out 

presence and we certify that the contents of the preceding 

Treaty were carefully explained to them and the other members

fo the said Indian parties in full council and were fully understood

by them.

                                     Nathan Burchard

                                            Attorney for Oneida Indians

 

                                     John P. Sherwood

                                            Justice Peace

 

                                     John C. Spencer

                                            Secretary of State

 

                                     John A. Collier

                                            Comptrollr

 

                                     O.L. Holley

                                            Surveyor General

 

                                     Willis Hal

                                            Atty. Genl.

                                     Commissioners of the Land Office

The foregoing Treaty is hereby approved by me this 3rd day of April 1841

                                     William H. Seward [L.S.]

 

 Schedule 1 - consists of a list of all those of the first & second

christian parties of Oneida Indians who intend to migrate to the 

township of Deleware, London District U.C.

 

Henry Nimhan....................1

David Powlis....................1

Sally Isaac ....................1

 

Peter Summers Family

Peter Summers 

Caty Summers

Dolly Summers

Sally Summers

Abram Summers

Abram Summers, Jr.........6

 

Hannah Charles Family 

Hannah Charles 

Abram Charles 

Caty Charles

Thomas Charles.................4

 

Susy Horners Family

Susy Horner

Thomas Horner

John Horner

Elizabeth Horner.................4

 

Thomas Summers Family

Thomas Summers

Baptist Summers..................2

 

Margaret Antonie.................1

 

Elizabeth Schuyler ...............1

 

Abram Schuyler ...................1

 

John Thompson Family

John Thompson 

Eve Thompson

Antonie Thompson

Nicholas Thompson...............4

 

William Schuyler - 2nd Family

Elizabeth Schuyler

Baptist Schuyler

Thomas Schuyler

Nelly Schuyler

Dolly Schuyler

William Schuyler 2d...............6

 

Elizabeth Browns Family

Elizabeth Brown

Moses Brown...........................2

 

Martinus Williams...................1

 

Caty Elm...................................1

 

Total No. Souls ......................36


____________________________________________________________________

 

STATE OF NEW YORK

County of Oneida } ss:

 

We do hereby certify at a full council of the residue of the 1st & 2nd 

Christian Parties of the Oneida Indians held at their council house

Mar 8 (?) 1841 the above attested list was approved & conceded to 

be correct by the Chiefs and Warriors thereof.

Dated: Mar 8, 1841,

                                       Nathan Burchard

                                           Attorney for Oneida Indians

                                       John P. Sherwood

                                           Justice of Peace

Examined and compared with the original by 

                                       Arch'd Campbell

                                           Dep. Secretary


--------------------------------------------------------------------------------

Schedule 2 consists of a list of all the first & second Christian Parties 

of Oneida Indians commonly called the "home party" who do not at 

present intend to sell but to remain on their Reservation situate in the 

town of Lenox in the county of Madison.

 

Mary Antones Family

Mary Antonie

Dolly Antonie 

William Antonie

Jacob Antonie

Hannah Antonie - 5

 

Henry Nimhams Family

Henry Nimham

Elizabeth Nimham

Abraham Nimham

David Nimham

Caty Nimham

Elijah Nimham

Thomas Nimham - 7

 

Peter Doxtator Family

Peter Doxtator

Lucretia Doxtator

Mary Doxtator

Cornelius Doxtator

Elizabeth Doxtator

Caty Doxtator

 

 

Thomas Cornelius Family

Elizabeth Cornelius

John Cornelius

 

William Cornelius

David Cornelius

John Adams

Susanna Cornelius - 6

 

Martin Denneys Family

Elizabeth Denney

Martin Denney, Jr.

Martin Denney

David Powlis

Honyost Powlis

Susanna Powlis - 6

 

Abram Websters Family

Abram Webster

Hannah Webster

Isaac Webster

Caty Webster

Bestsy Webster

Infant child - 6

 

Jenny Doxtator - 7

 

Dolly Schenandoahs Family

Dolly Schenandoah

Margaret Schenandoah

Baptist Schenandoah

Jacob Schenandoah

Elizabeth Schenandoah

Infant Child - 6

 

Caty Jordan's Family

Caty Jordan

David Charles 

Jerusha Jordan

Solomon Jordan

Elizabeth Jordan

Elias Jordan - 6

 

Elizabeth La Fort

Claude La Fort

Abraham La Fort

Goene La Fort

Fatus La Fort - 5

 

Mary Summers Family

Mary Summers

Hannah Summers

William Summers

John Summers

Dolly Summers - 5

 

Elizabeth Hill's Family

Elizabeth Hill

Sally Hill

Peter Hill

Cornelius Hill - 4

 

Peter Websters Family

Peter Webster

Mary Webster

Abram Webster - 3

 

Baptist Elm

Mary Elm - 2

 

Joseph Honeyost

Martinus Honeyost

 

Sally Schenandoah's Family

Sally Schenandoah

Dolly Schenandoah

Abram Schenandoah

Thomas Schenandoah

 

John Powlis

 

Peter Isaac

Elizabeth Isaac - 2

 

Moses Charles - 1

 

William Schuylers Family

William Schuyler

Mary Schuyler

William Cornelius

Margaret Cornelius

Caty Schuyler

Eve Schuyler

Rachel Schuyler - 7

 

Jacob Schuyler's Family 

Jacob Schuyler

Elizabeth Schuyler

Lewis Schuyler

Cornelius Schuyler

William Schuyler 3d - 5

 

Aaron Cooper's Family

Aaron Cooper

Hannah Cooper

Dolly Cooper

Margaret Cooper

Susa Cooper

Jenny Cooper

Caty Cooper

Betsey Cooper

Moses Cooper - 9

 

William Charles

Sally Charles

Elizabeth Charles

Goene Charles - 4

 

Isaac Judah - 1

 

Jacob Antone - 1

 

Elizabeth Abram

Jenny Abram - 2

 

Elijah Honeyost - 3

 

Caty Charles Family

Caty Charles

Margaret Charles

Susa Charles

Mary Charles

David Chalrles - 5

 

Mary Antoines Family

Mary Antonie

Anthony Antonie

Susa Antonie

Mary Antonie

Thomas Antonie

Page Antonie

Cornelius Antonie

Caty Antonie - 8

 

James Schuyler

William Schuyler

Peter Schuyler

Susannah Schuyler - 4

 

Peter Websters Family

Peter Webster

Jenny Webster

Mary Webster

David Webster

Thomas Webster

Hannah Webster

Mary Webster

Henry Webster

Dolly Webster - 9

 

Rachel Island's Family

Rachel Island

Abram Island

Cornelius Island

Susa Island 

 

Thomas Thompson - 1

 

Thomas Island

Mary Ann Island - 6

 

Joseph Island alias

Joseph Onondaga

Betsey Island

Elizabeth Island

Jenny Island

Antonie Island - 5

 

Whole number Home Party - 146


 

STATE OF NEW YORK

Oneida County } ss:

 

We do hereby certify at a full coucil of the Residue of the 

1st & 2d Christian Parties of the Oneida Indians held at 

their council home Mar 8, 1841 the above attested list was

approved & conceded to be correct by the chiefs & warriors

thereof. 

Dated Mar 8, 1841

                                      Nathan Burchard

                                         Attorney for Oneida Indians

                                      John P. Sherwood

                                         Justice of Peace

Examined & compared with the original by 

                                      Arch'd Campbell

                                         Dep. Secretary

STATE OF NEW YORK

Oneida County } ss:

We the undersigned chiefs of the first & second Christian Parties 

of the Oneida Indians named in the foregoing Treaty do hereby 

assent to & concur in the amendments & corrections made by the 

party of the second part to the above Treaty & they shall have the 

like force & solemnity as if the same were contained in the original

indenture.

                   In witness whereof we have hereto set our hands & seals

                   in token of consent to this Treaty of all the members

                   of the party of the first part this first day of April in 

                   the year one thousand eight hundred and forty one.

 

John Thompson..............................his mark.. X ...........[L.S.]

Abram Webster..............................his mark.. X ...........[L.S.]

William Schuyler 2d........................his mark.. X ...........[L.S.]

Abram Summer ..............................his mark.. X ...........[L.S.]

Moses Charles .............................his mark.. X ...........[L.S.]

Martin Denney..............................his mark.. X ...........[L.S.]

Martinas Williams..........................his mark.. X ...........[L.S.]

Daniel Schenandoah ........................his mark.. X ...........[L.S.]

Signed & sealed by the chiefs, headman & Warriors

of the 1st & 2nd christian parties of the Oneida Indians

after the above amendments & corrections in the 

foregoing Treaty had been read & fully explained to 

them and to which the said chiefs gave their assent & 

signatures in our presence at the date above written in 

full council.

                                  Nathan Burchard

                                     Attorney for the Oneida Indians

                                  Charles Granger

                                     Justice of the Peace

 

STATE OF NEW YORK

Oneida County } ss.

We the undersigned chiefs headmen & warriors of the First &

Second Christian Parties of the Oneida Indians known and 

distinguished in & by the attested List annexed to the foregoing

Treaty as the emigrating party of the said Indians in consideration

of the agreements & payments of the sums of money mentioned

to be made by the party of the second part & for divers other goods

causes & considerations as thereunto moving. Having bargained and

agreed and by these presents do bargin and agree with the said party

of the second part to leave and surrender our lands ceded by the said

Treaty on the 4th day of May next unto the said party of the second

part to emigrate and leave the State of New York on the 10th day of 

May next.

And we the Chiefs, Headmen, and Warriors of the said first and 

second Christian Parties of the Oneida Indians Known and 

distinguished by the attested lists annexed to the above treaty as 

the "Home Party" of said Indians do hereby stipulate & agree with 

the said party of the second part to said Treaty to leave and 

surrender our Lands ceded by the same unto the said party of the 

second part on the 4th day of May next any clause or stipulation in 

the foregoing Treaty to the contrary notwithstanding.

              In witness whereof we have hereto set our hands & 
              seals this first day of April 1841.

Martin Denney, Chief ......................his mark.. X ....[L.S.]

William Schuyler 2d Chief .................his mark.. X ....[L.S.]

John Thompson .............................his mark.. X ....[L.S.]

Martinas Williams .........................his mark.. X ....[L.S.]

Abram Webster, Chief ......................his mark.. X ....[L.S.]

Daniel Schenandoah ........................his mark.. X ....[L.S.]

Abram Summers .............................his mark.. X ....[L.S.]

Moses Charles .............................his mark.. X ....[L.S.]

Henry Nimham, Chief .......................his mark.. X ....[L.S.]

 

Signed & sealed by the Chiefs, Headmen and Warriors of the 

1st & 2d Christian Parties of the Oneida Indians constituting

party of the first part whose names are subscribed in our 

presence & we certify that the contents of the above stipulation

were carefully explained to them & the other members of the 

said Indian parties in full council & were fully understood by them

and unanimously signed by them.

                                       Nathan Burchard

                                          Attorney for Oneida Indians

                                       Charles Granger

                                          Justice of the Peace

Examined and compared with the original by 

                                       Arch'd Campbell

                                          Dep. Secretary