Treaty with the New York Indians as amended by the Senate, and assented
to
by the several Tribes 1838.
Articles of a treaty made and concluded at Buffalo Creek, in the State of
New York, the fifteenth day of January, in the year of our Lord one
thousand eight hundred and thirty-eight, by Ransom H. Gillett, a
commissioner on the part of the United States, and the chiefs, head men
and warriors of the several tribes of the New York Indians, assembled in
council; witnesseth;
"Whereas, The Six Nations of New York Indians, not long after the close
of the war of the Revolution, became convinced, from the rapid increase
of the white settlers around, that the time was not far distant when
their true interest must lead them to seek a new home among their
brethren in the West: and,
"Whereas, This subject was agitated in a general council of the Six
Nations as early as 1810, and resulted in sending a memorial to the
President of the United States, inquiring whether the Government would
consent to their tearing their habitations, and removing into the
neighborhood of their western brethren, and if they could procure a home
there, by gift or purchase, whether the Government would acknowledge
their title to the lands so obtained in the same manner it had
acknowledged it in those from whom they might receive it; and further,
whether the existing treaties would in such a case remain in full force,
and their annuities be paid as heretofore: and,
"Whereas, With the approbation of the President of the United States,
purchases were made by the New York Indians from the Menomonees and
Winnebago Indians of certain lands at Green Bay, in the Territory of
Wisconsin, which, after much difficulty and contention with those Indians
concerning the extent of the purchase, the whole subject was finally
settled by a treaty between the United States and the Menomonee Indians,
concluded in February, 1831, to which the New York Indians gave their
assent on the seventeenth day of October, 1832: and
"Whereas, By a provision of that treaty, five hundred thousand acres of
land are secured to the New York Indians of the Six Nations and the St.
Regis tribe, as a future home, on the condition that they all remove to
the same within three years, or such reasonable time as the President
shall prescribe, and
"Whereas, The President is satisfied that various considerations have
prevented those still residing in New York from removing to Green Bay,
and among other reasons, that many who were in favor of emigration
preferred to remove at once to the Indian Territory; which they were
fully persuaded was the only permanent and peaceable home for all the
Indians. And they therefore applied to take their Green Bay lands and
provide them a new home among their brethren in the Indian Territory: and
"Whereas, The President, being anxious to promote the peace, prosperity
and happiness of his red children, and determined to carry out the humane
policy of the Government in removing the Indians from the east to the
west of the Mississippi, within the Indian Territory, by bringing them to
see and feel, by his justice and liberality, that it is their true policy
and for their interest to do so without delay,
"Therefore. Taking into consideration the foregoing premises, the
following articles of a treaty are entered into, between the United
States of America and the several tribes of the New York Indians, the
names of whose chiefs, head men and warriors are hereto subscribed, and
those who may hereafter give their assent to this treaty in writing
within such time as the President shall appoint."