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Pre-emptive right to the Indian reservations, sold to the Ogden Company
Though the Indian lands
within the state of New York, had now been
narrowed down to a comparatively small
compass, there were not wanting those who
would take from them, the remaining portion
of their ancient inheritance. The preemptive
right to their reservations was sold by the
Holland Land Company, to Colonel Aaron Ogden
and others, who were known as the Ogden
Company. The efforts of these gentlemen to
induce the Indians to dispose of their
reservations, resulted in calling several
Indian councils, at which Red Jacket was the
prominent speaker, and in which the entire
force of his great powers was summoned, to
withstand and thwart their endeavors.
A council for this purpose was convened at their
village near Buffalo, during the summer of 1819. The Hon. Morris
S. Miller of Oneida, was present as a commissioner on the part
of the United States; and the Hon. Nathaniel Gorham of
Canandaigua, represented the interests of the state of
Massachusetts. Captain Parrish of Canandaigua, and Captain
Horatio Jones of Genesee, were present as interpreters.
As it was known Red Jacket was to speak in opposition
to the interests of the Land Company, the occasion drew together
a large concourse of people; pale faces as well as red, who were
interested in the result of the negotiations contemplated, as
also by a desire to hear the speech of the distinguished orator
of the Seneca. Of this Colonel Stone remarks: "No subsequent
assemblage of the Indians within the state of New York, has
presented so numerous and imposing an array, nor is it likely
that so many of them will ever again meet, on the soil of their
fathers."
A gentleman who was present at this treaty by the
invitation of a friend, speaks of it, in the following terms:
"My friend and myself having arrived on the ground at an early
hour; we saw at a little distance from the wigwams, a group of
Indians, under the shade of a cluster of plum trees, lying on
the ground. Among these were a number of chiefs, of whom in a
conspicuous place, was Red Jacket, apparently in deep thought,
with a pile of little small sticks, two or three inches long,
before him.
"I inquired of a gentleman who was conversant with
Indian proceedings, what Red Jacket was doing? He replied that
he was studying his speech, and advised us to retire, as he
perceived it disturbed him. About this time the commissioners,
Governor Ogden, his friends, and the two celebrated Indian
interpreters, Parrish and Jones, and a large concourse of
people, gentlemen and ladies, began to assemble under another
cluster of trees, where benches had been prepared in two
parallel lines, with a wide space between, and seats across the
upper end, for the commissioners. The long seats were occupied
on the right by Messrs. Ogden, their officers, and other
gentlemen and ladies; the left by Red Jacket, a large number of
chiefs, and other Indians.
"There was order, dignity, and perfect silence. The
contest soon commenced. Governor Ogden, a dignified, fine
looking man, rose and opened the case. Mr. Parrish, a man of
large stature, stood up at the same time, and interpreted it to
the Indians, sentence by sentence98."
The object was to buy the Indian title, as they had
already brought the pre-emptive right. Governor Ogden told them
it was the wish of their great Father, the President of the
United States, that they should sell these lands, and go down to
a reservation on the Allegany river, where they could live in
peace, and have a good foothold forever; and used various
arguments in favor of such a course.
After Governor Ogden had finished his speech, Red
Jacket rose with a great deal of composure, and adjusting his
belt of handsome wampum, and looking to the sky for a moment
spoke. Mr. Parrish interpreted: "Red Jacket says he thanks the
Great Spirit that we are all alive and here this pleasant day."
He then addressed the commissioners, answering all the
statements and arguments of Governor Ogden in their order,
unfolding a long roll of parchments attached together, of
treaties that had been made at different times by the United
States, with the Six Nations. They had been preserved in good
order. He pointed to the dates, and to the substance of the
treaties from time to time, with great accuracy, as appeared
from the interpretation, answering Governor Ogden with the most
forcible arguments, interspersed with wit and humor. His speech
on this occasion, as quoted by Col. Stone, is as follows:
"Brother: We understand that you have been appointed by
our great Father, the President, to make these communications to
us. We thank the Great Spirit for this pleasant day given us for
our reply, and we beg you to listen.
"BROTHER: Previous to your arrival at this council
fire, we were told that our great Father had appointed a
commissioner to meet us. You have produced your commission, and
it has been read and explained to us. You have also explained
the object of your mission, and the wishes of the President in
sending you to the council fire of the Six Nations. We do not
doubt that the sealed document you produced, contained the words
of the President, our great Father. When first informed of your
appointment, we supposed that you were coming to meet us on a
very different subject. Since the war of the Revolution, we have
held various councils with our white brothers, and in this same
manner. We have made various speeches, and entered into several
treaties, and these things are well known to our great Father;
they are lodged with him. We, too, perfectly understand them
all. The same interpreters were then present as now. In
consequence of what took place during the late war, we made it
known to our great Father, through our interpreter, that we
wished to have a talk. Our application was not complied with. We
sent a messenger to brighten the chain of friendship with our
great Father, but he would not meet around the council fire, and
we were disappointed. We had supposed that the commissioner he
has now sent, came forward to brighten the chain of friendship,
to renew former engagements. When we made a treaty at
Canandaigua with Colonel Pickering in 1794, we were told, and
thought that it was to be permanent, and to be lasting, between
us and the United States forever. After several treaties had
been entered into under our great Father, General Washington,
large delegations from the Six Nations were invited to meet him.
We went and met him in Philadelphia. We kindled a council fire.
A treaty was then made, and General Washington then declared
that it should be permanent between the red and white brothers;
that it should be spread out on the largest and strongest rocks,
that nothing could undermine or break; that it should be exposed
to the view of all.
"BROTHER: We shall now see what has been done by the
United States. After this treaty had been formed I then said
that I did not doubt, but that the United States would
faithfully perform their engagements. But I told our white
brothers at that time, that I feared eventually they would wish
to disturb those contracts. You white brothers have the faculty
to burst the stoutest rocks. On our part we would not have
disturbed those treaties. Shortly after our interview with our
great Father, General Washington, at Philadelphia, a treaty was
made at Canandaigua, by which we widened our former engagements
with our white brothers, and made some new ones. The
commissioner, Colonel Pickering, then told us that this treaty
should be binding and should last, without alteration for two
lives. We wished to make it extend much farther, and the Six
Nations then wished to establish a lasting chain of friendship.
On our part, we wished the treaty to last as long as trees grow,
and waters run. Our Brother told us that he would agree to it.
"BROTHER: I have reminded you of what had taken place
between our confederates, the Six Nations, and our white
brothers, down to the treaty of Canandaigua. At the close of
that treaty it was agreed, it being as strong and binding, as by
my former comparisons I have explained, that if any difficulty
should occur, if any monster should cross the chain of
friendship, that we would unite to remove those difficulties, to
drive away the monster; that we would go hand in hand and
prolong the chain. So it was agreed.
"BROTHER: Many years ago we discovered a cloud rising
that darkened the prospect of our peace and happiness. We heard
eventful things from different quarters, from different persons,
and at different times, and foresaw that the period was not very
distant, when this threatening cloud would burst upon us.
"BROTHER: During the late war we intended to take no
part. Yet residing within the limits of the United States, and
with the advice of General Porter, we agreed around our council
fire, that it was right, and we took a part. We thought it would
help to promote our friendship with our white brothers, to aid
the arms of the United States, and to make our present seats
still stronger. These were our reasons. What were the results?
We lost many of our warriors. We spilt our blood in a cause
between you, and a people not of our color.
"BROTHER: These things may be new to you, but they are
not new to your government. Records of these things are with our
great Father, the President. You have come, therefore, for a
very different purpose from the one we expected. You come to
tell us of our situation, of our reservations, of the opinion of
the President that we must change our old customs for new ones;
that we must concentrate in order to enjoy the fair means you
offer of civilization, and improvement in the arts of
agriculture.
"BROTHER: At the treaty of Canandaigua, we were
promised that different kinds of mechanics, blacksmiths, and
carpenters, should be sent among us; and farmers with their
families, that our women might learn to spin. We agreed to
receive them. We even applied for these benefits. We were told
that our children were too young to be taught. Neither farmers
or mechanics were sent.
"BROTHER: We had thought that the promises made by one
President, were handed down to the next. We do not change our
chiefs as you do. Since these treaties were made, you have had
several Presidents. We do not understand why the treaty made by
one, is not binding on the other. On our part we expect to
comply with our engagements.
"BROTHER: You told us when the country was surrounded
by whites, and in possession of Indians, that it was
unproductive, not being liable to taxes, nor to make roads nor
improvements, it was time to change. As for the taxing of
Indians, this is extra-ordinary; and was never heard of, since
the settlement of America. The land is ours, by the gift of the
Great Spirit. How can you tax it? We can make such roads as we
want, and did so when the land was all ours. We are improving
our condition. See these large stocks of cattle, and those
fences. We are surrounded by the whites, from whom we can
procure cattle, and whatever is necessary for our improvement.
Now that we are confined to narrow limits, we can easily make
our roads, and improve our lands.
"Look back to the first settlement by the whites, and
then look at our present condition. Formerly we continued to
grow in numbers, and in strength. What has become of the
Indians, who extended to the salt water? They have been driven
back and become few, while you have been growing numerous, and
powerful. This lands is ours, from the God of Heaven. It was
given to us. We cannot make land. Driven back and reduced as we
are, you wish to cramp us more and more. You tell us of a
pre-emptive right. Such men you say own one reservation, and
such another. But they are all ours, ours from the top to the
bottom. If Mr. Ogden had come from heaven, with flesh on his
bones, as I we now see him, and said that the Heavenly Father
had given him a title, we might then believe him.
"BROTHER: You say that the President has sent us word
that it is for our interest to dispose of our lands. You tell us
that there is a good tract of land at Allegany. This too is very
extraordinary. Our feet have covered every inch of that
reservation. A communication like this has never been made to
us, at any of our councils. The President must have been
disordered in mind, when he offered to lead us off by the arms,
to the Allegany reservation. I have told you of the treaty we
made with the United States. Here is the belt of wampum, that
confirmed that treaty. Here too is the parchment. You know its
contents. I will not open it. Now the tree of friendship is
decaying; its limbs are fast falling off. You are at fault.
"Formerly we called the British brothers. Now we call
the President, our Father. Probably among you, are persons with
families of children. We consider ourselves the children of the
President. What would be your feelings, were you told that your
children were to be cast upon a naked rock, there to protect
themselves? The different claims you tell us of, on our lands, I
cannot understand. We are placed here by the Great Spirit, for
purposes known to him. You have no right to interfere. You told
us that we had large and unproductive tracts of land. We do not
view it so. Our seats, we consider small; and if we are left
here long, by the Great Spirit, we shall stand in need of them.
We shall be in want of timber. Land after many years' use wears
out; our fields must be renewed, and new ones improved, so that
we have no more land in our reservations than we want. Look at
the white people around us, and back. You are not cramped for
lands. They are large. Look at that man99.
If you want to buy, apply to him. He has lands enough to sell.
We have none to part with. You laugh, but do not think I trifle.
I am sincere. Do not think we are hasty in making up our minds.
We have had many councils, and thought for a long time upon this
subject. We will not part with any, not with one of our
reservations.
"We recollect that Mr. Ogden addressed his speech to
you, therefore I have spoken to you. Now I will speak to Mr.
Ogden.
"BROTHER: You recollect when you first came to this
ground, that you told us you had bought the pre-emptive right. A
right to purchase given you by the government. Remember my
reply. I told you, you had been unfortunate in buying. You said
you would not disturb us. I then told you as long as I lived,
you must not come forward to explain that right. You have come.
See me before you. You have heard our reply to the commissioner
sent by the President. I again repeat that, one and all, chiefs
and warriors, we are of the same mind. We will not part with any
of our reservations. Do not make your application anew, nor in
any other shape. Let us hear no more of it. Let us part as we
met, in friendship."
Col. Stone refers to the kindness of Major Joseph
Delafield, for the speeches made at this council, as given in
his work, and the most important of which is presented here;
they were taken down at the time from the lips of the
interpreter, who stated that "he could not translate some of Red
Jacket's figurative flights, they were too wild and difficult to
be rendered in English, and he did not attempt it." Much
doubtless that served to give point and zest to his speech, was
either omitted, or lost its force, in being transferred to our
language. The writer of the sketch previously alluded to, among
several points in this speech which were impressed on his
memory, mentions one not found in the above. "The gentleman
says, that our great Father says, we can go Allegany, and have a
good foothold forever; yes, a good foothold, for it is all
rock."
Though the efforts of the Ogden Company to obtain the
consent of the Indians to sell their remaining lands, were at
this time unsuccessful, they were nevertheless repeated. The
demand of Red Jacket, "do not make your application anew, nor in
any other shape," was unheeded.
Col. Stone, on the authority of the Hon. Albert Tracy,
mentions a treaty held for this same purpose in 1822 or 1823, in
which Red Jacket replied to a speech made by the commissioner,
and also by Governor Ogden, entering, as in the preceding
speech, upon a regular and connected history of the transactions
of the Indians with the whites, up to that time, and in the
course of his speech, used the language very happily alluded to
by Mr. Bryant, in his memorial address.
At the close of the speech that has been quoted almost
entire, some of his people desired him to apologize for one or
two utterances he had made, regarding them as rude, and adapted
to awaken unpleasant reflections. He refused, saying, "NO, IT
HAS GONE FORTH, LET IT STAND." A circumstance doubtless alluded
to, in the words which immediately follow: "Often the fierceness
of his temper, the righteous indignation that swelled his bosom,
impelled him to hurl defiance at his foes, and to use language,
the possible consequences of which, caused the more timid and
abject of his followers, to tremble with apprehension. But Red
Jacket would retract not a single word, although a majority of
the chiefs, would sometimes secretly deprecate the severity of
his utterances."
"Again on other occasions, sorely beset and almost
despairing, he would essay to melt the hearts of the pitiless
pursuers of his people, and give utterance to such touching
words as these:
"We first knew you a feeble plant, which wanted a
little earth whereon to grow. We gave it to you, and afterward,
when we could have trod you under our feet, we watered and
protected you; and now you have grown to be a mighty tree, whose
top reaches the clouds, and whose branches overspread the whole
land; whilst we, who were then the tall pine of the forest, have
become the feeble plant and need your protection."
"Again assuming the pleading tones of a supplicant, he
said, 'when you first came here, you clung around our knee, and
called us FATHER. We took you by the hand and called you
BROTHERS. You have grown greater than we, so that we can no
longer reach up to your hand. But we wish to cling around your
knee, and be called YOUR CHILDREN.'"
In this same speech, referring to their services during
the late war with England, he said:
"Not long ago you raised the war-club against him, who
was once our great Father over the waters. You asked us to go
with you to the war. It was not our quarrel. We knew not that
you were right. We asked not; we cared not; it was enough for
us, that you were our brothers. We went with you to the battle.
We fought and bled for you; and now," his eye kindling with
emotion, and the deepest feeling indicated in his utterance, as
he pointed to some Indians present, that had been wounded in
that contest; "and now, dare you pretend to us, that our Father
the President, while he sees our blood running, yet fresh from
the wounds received, while fighting his battles, has sent you
with a message to persuade us to relinquish the poor remains of
our once boundless possessions; to sell the birth place of our
children, and the graves of our fathers! No! Sooner than believe
that he gave you this message, we will believe that you have
stolen your commission, and are a cheat and a liar."
Once more, speaking of the pre-emptive right and the
assurance given them that their lands were desired only in
return for a fair equivalent of their value, he called their
attention to the great cessions the Indians had already made,
together with the solemn declarations that they should not be
importuned to relinquish their remaining reservations, he said:
"You tell us of your claim to our land, and that you have
purchased it from your State. We know nothing of your claim, and
we care nothing for it. Even the whites have a law by which they
cannot sell what they do not own. How then has your State, which
never owned our land, sold it to you? We have a title to it, and
we know that our title is good; for it came direct from the
Great Spirit, who gave it to us, his red children. When you can
ascend where he is," pointing toward the skies, "and will get
his deed, and show it to us, then, and never till then, will we
acknowledge your title. You say you came not to cheat us of our
lands, but to buy them. Who told you that we have lands to sell?
You never heard it from us."
Then rising up and giving Mr. Ogden a look of deep
earnestness, if not of indignation, he said:
"Did I not tell you the last time we met, that whilst
Red Jacket lived, you would get no more lands of the Indians?
How then, while you see him alive and strong," striking his hand
violently on his breast, "do you think to make him a liar?"
The persistence with which the Seneca were importuned
to sell their lands, led them to make an appeal to the
president, and afterward to the governor of New York.
The latter, Governor De Witt Clinton, sent them a reply
worthy of his name and office. It is as follows:
"All the right that Ogden and his company have to your
reservations, is the right of purchasing them when you think it
expedient to sell them, that is, they can buy your lands, but no
other person can. You may retain them as long as you please, and
you may sell them to Ogden as soon as you please. You are the
owners of these lands in the same way that your brethren the
Oneidas, are of their reservations. They are all that is left of
what the Great Spirit gave to your ancestors. No man shall
deprive you of them without your consent. The State will protect
you in the full enjoyment of your property. We are strong and
willing to shield you from oppression. The Great Spirit looks
down on the conduct of mankind, and will punish us if we permit
the remnant of the Indian nations which is with us to be
injured. We feel for you, brethren; we shall watch over your
interests. We know that in a future world we shall be called
upon to answer for our conduct to our fellow creatures."
Col. Stone refers to the Hon. Albert H. Tracy, as
having furnished the notes of the council we have just been
considering. The same authority speaking of the eloquence of Red
Jacket, says: "It is evident that the best translations of
Indian speeches, must fail to express the beauty and sublimity
of the originals; especially of such an original as Red Jacket.
It has been my good fortune to hear him a few times, but only of
late years, and when his powers were enfeebled by age, and still
more, by intemperance. But I shall never forget the impression
made on me, the first time I saw him in council:
"Deep on his front engraven, "Deliberation sate, and
public care, "And princely counsel in his face yet shone,
"Majestic, though in ruin.
"I can give no idea of the strong impression it made on
my mind, though conveyed to it through the medium of an
illiterate interpreter, Even in this mangled form, I saw the "disjecta
membra" of a regular and splendid oration100."
The Ogden Company though defeated time and again by the
watchfulness, and powerful influence of Red Jacket, continued to
ply their endeavors, until by degrees, the remaining portion of
their once proud inheritance, was wrested from them, and the
orator was left in the decline of life to survey, as he often
did in a spirit of dejection, the haunts of his youth, which had
nearly all passed into other hands, through the craft and
avarice of the white man.
98. Author's Scrap Book.
99. Mr. Ellicott, agent of the Holland Land
Company.
100. Col. Stone's Life and Times of Red
Jacket.
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