Micah Brooks, Esq. volunteers to get the Title to her Land confirmed
to herself.--She is Naturalized.--Great Council of Chiefs, &c. in Sept.
1823.--She Disposes of her Reservation.--Reserves a Tract 2 miles long,
and 1 mile wide, &c.--The Consideration how Paid, &c.
In 1816, Micah Brooks, Esq. of Bloomfield, Ontario county, was
recommended to me (as it was said) by a Mr. Ingles, to be a man of
candor, honesty and integrity, who would by no means cheat me out of a
cent. Mr. Brooks soon after, came to my house and informed me that
he was disposed to assist me in regard to my land, by procuring a
legislative act that would invest me with full power to dispose of it
for my own benefit, and give as ample a title as could be given by any
citizen of the state. He observed that as it was then situated, it was
of but little value, because it was not in my power to dispose of it,
let my necessities be ever so great. He then proposed to take the agency
of the business upon himself, and to get the title of one half of my
reservation vested in me personally, upon the condition that, as a
reward for his services, I would give him the other half.
I sent for my son John, who on being consulted, objected to my going
into any bargain with Mr. Brooks, without the advice and consent of
Mr. Thomas Clute, who then lived on my land and near me. Mr. Clute was
accordingly called on, to whom Mr. Brooks repeated his former statement,
and added, that he would get an act passed in the Congress of the United
States, that would invest me with all the rights and immunities of a
citizen, so far as it respected my property. Mr. Clute, suspecting that
some plan was in operation that would deprive me of my possessions,
advised me to have nothing to say on the subject to Mr. Brooks, till I
had seen Esquire Clute, of Squawky Hill. Soon after this Thomas Clute
saw Esq. Clute, who informed him that the petition for my naturalization
would be presented to the Legislature of this State, instead of being
sent to Congress; and that the object would succeed to his and my
satisfaction. Mr. Clute then observed to his brother, Esq. Clute,
that as the sale of Indian lands, which had been reserved, belonged
exclusively to the United States, an act of the Legislature of New-York
could have no effect in securing to me a title to my reservation, or in
depriving me of my property. They finally agreed that I should sign
a petition to Congress, praying for my naturalization, and for the
confirmation of the title of my land to me, my heirs, &c.
Mr. Brooks came with the petition: I signed it, and it was witnessed
by Thomas Clute, and two others, and then returned to Mr. Brooks, who
presented it to the Legislature of this state at its session in the
winter of 1816-17. On the 19th of April, 1817, an act was passed for
my naturalization, and ratifying and confirming the title of my land,
agreeable to the tenor of the petition, which act Mr. Brooks presented
to me on the first day of May following.
Thomas Clute having examined the law, told me that it would probably
answer, though it was not according to the agreement made by Mr. Brooks,
and Esq. Clute and himself, for me. I then executed to Micah Brooks and
Jellis Clute, a deed of all my land lying east of the picket line on the
Gardow reservation, containing about 7000 acres.
It is proper in this place to observe, in relation to Mr. Thomas Clute,
that my son John, a few months before his death, advised me to take
him for my guardian, (as I had become old and incapable of managing my
property,) and to compensate him for his trouble by giving him a lot
of land on the west side of my reservation where he should choose it.
I accordingly took my son's advice, and Mr. Clute has ever since been
faithful and honest in all his advice and dealings with, and for, myself
and family.
In the month of August, 1817, Mr. Brooks and Esq. Clute again came to
me with a request that I would give them a lease of the land which I had
already deeded to them, together with the other part of my reservation,
excepting and reserving to myself only about 4000 acres.
At this time I informed Thomas Clute of what John had advised, and
recommended me to do, and that I had consulted my daughters on the
subject, who had approved of the measure. He readily agreed to assist
me; whereupon I told him he was entitled to a lot of land, and might
select as John had mentioned. He accordingly at that time took such a
piece as he chose, and the same has ever since been reserved for him in
all the land contracts which I have made.
On the 24th of August, 1817, I leased to Micah Brooks and Jellis Clute,
the whole of my original reservation, except 4000 acres, and Thomas
Clute's lot. Finding their title still incomplete, on account of the
United States government and Seneca Chiefs not having sanctioned my
acts, they solicited me to renew the contract, and have the conveyance
made to them in such a manner as that they should thereby be constituted
sole proprietors of the soil.
In the winter of 1822-3, I agreed with them, that if they would get the
chiefs of our nation, and a United States Commissioner of Indian Lands,
to meet in council at Moscow, Livingston county, N. Y. and there concur
in my agreement, that I would sell to them all my right and title to the
Gardow reservation, with the exception of a tract for my own benefit,
two miles long, and one mile wide, lying on the river where I should
choose it; and also reserving Thomas Clute's lot. This arrangement was
agreed upon, and the council assembled at the place appointed, on the 3d
or 4th day of September, 1823.
That council consisted of Major Carrol, who had been appointed by
the President to dispose of my lands, Judge Howell and N. Gorham, of
Canandaigua, (who acted in concert with Maj. Carrol,) Jasper Parrish,
Indian Agent, Horatio Jones, Interpreter, and a great number of Chiefs.
The bargain was assented to unanimously, and a deed given to H. B.
Gibson, Micah Brooks and Jellis Clute, of the whole Gardow tract,
excepting the last mentioned reservations, which was signed by myself
and upwards of twenty Chiefs.
The land which I now own, is bounded as follows:--Beginning at the
center of the Great Slide [Footnote: The Great Slide of the bank of
Genesee river is a curiosity worthy of the attention of the traveller.
In the month of May, 1817, a portion of land thickly covered with
timber, situated at the upper end of the Gardow flats, on the west side
of the river, all of a sudden gave way, and with a tremendous crash,
slid into the bed of the river, which it so completely filled, that the
stream formed a new passage on the east side of it, where it continues
to run, without overflowing the slide. This slide, as it now lies,
contains 22 acres, and has a considerable share of the timber that
formerly covered it, still standing erect upon it, and growing.] and
running west one mile, thence north two miles, thence east about one
mile to Genesee river, thence south on the west bank of Genesee river to
the place of beginning.
In consideration of the above sale, the purchasers have bound
themselves, their heirs, assigns, &c. to pay to me, my heirs or
successors, three hundred dollars a year forever.
Whenever the land which I have reserved, shall be sold, the income of
it is to be equally divided amongst the members of the Seneca nation,
without any reference to tribes or families.