CHAPTER XVIII

Pre-emptive right to the Indian Reservations sold to Ogden and Company--

Council to obtain the lands--Mr. Ogden's speech--Red Jacket's reply--

Indians refuse to sell--Another Council called--Account of it by Hon.

Albert Tracy--Various utterances of the orator on that occasion--Indians'

appeal to the governments of the United States and New York--Noble

response of Governor De Witt Clinton of New York--Final success of 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 Senecas. 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 sentence." [Footnote:

Author's Scrap Book.]

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 man. [Footnote: Mr. Ellicott,

agent of the Holland Land Company.] 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 Senecas 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 oration." [Footnote: Col. Stone's Life and Times of Red Jacket.]

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.

An Account of Sa-Go-Ye-Wat-Ha, or Red Jacket, and His People, 1750-1830 · 第 18 / 21 章