presents to the other Chiefs present in Philadelphia. And also that some further tokens of friendship to be forwarded to the other Chiefs, now in their Nation. Remember my words Senekas, continue to be strong in your friendship for the United States, as the only rational ground of your future happiness, and you may rely upon their kindness and protection. An Agent shall soon be appointed to reside in some place convenient to the Senekas and six Nations. He will represent the United States. Apply to him on all occasions. If any man brings you evil reports of the intentions of the United States, mark that man as your enemy, for he will mean to deceive you and lead you into trouble. The United States will be true and faithful to their engagements. THE SIX NATIONS, AND ONEIDA, TUSCARORA, AND STOCKBRIDGE TRIBES Communicated to the Senate, January 2, 1795 Gentlemen of the Senate: A spirit of discontent, from several causes, arose, in the early part of the present year, among the Six Nations of Indians, and, particularly, on the ground of a projected settlement by Pennsylvania, at Presqu' Isle, upon Lake Erie. The papers upon this point have already been laid before Congress. It was deemed proper, on my part, to endeavor to tranquilize the Indians by pacific measures; accordingly, a time and place was appointed, at which a free conference should be had upon all the causes of discontent, and an agent was appointed, with the instructions, of Which No. 1, herewith transmitted, is a copy. A numerous assembly of Indians was held at Canadaigua, in the State of New York, the proceedings whereof accompany this message, marked No. 2. The two treaties, the one with the Six Nations, and the other with the Oneida, Tuscarora, and Stockbridge Indians, dwelling in the country of the Oneidas, which have resulted from the mission of the agent, are herewith laid before the Senate, for their consideration and advice. The original engagement of the United States to the Oneidas, is also sent herewith. Gentlemen of the Senate: /s/ GEO. WASHINGTON. UNITED STATES, January 2d, 1795. I nominate Timothy Pickering, to be Secretary for the Department of War, vice Henry Knox, who has resigned that office. Go. WASHINGTON. The message and papers accompanying the treaties, were respectively read. Ordered, That they lie for consideration. It was agreed, by unanimous consent, to dispense with the rule, and proceed to the consideration of the nomination of Timothy Pickering to be Secretary for the Department of War; and Resolved, That the Senate advise and consent to the appointment, agreeable to the nomination. Ordered, That the Secretary lay this resolution before the President of the United States. MONDAY, JANUARY 5, 1795. The Senate proceeded to the consideration of the message of the President of the United States, of the 2d instant, and the treaty with the Six Nations of Indians therein referred to; and, On motion, Ordered, That the further consideration of the treaty be postponed. The Senate proceeded to the consideration of the message from the President of the United States, of the 30th of December last, and the additional articles to the treaty, made by General Knox, on behalf of the United States, with the Cherokee Indians. On motion, Ordered, That they be referred to Mr. Jackson, Mr. Hawkins, and Mr. Brown, to consider and report thereon to the Senate. TUESDAY, JANUARY 6, 1795. The papers respecting the negotiation of a treaty of peace, by Timothy Pickering, on behalf of the United States, with the Six Nations of Indians, referred to is the message of the President of the United States, of the 2d instant, were read. Ordered, That they lie for consideration. On motion, WEDNESDAY, JANUARY 7, 1795. Ordered, That the treaty made by Timothy Pickering, Commissioner on the part of the United States, with the Six Nations, be referred to Mr. Strong, Mr. Morris, and Mr. Brown, to consider and report thereon to the Senate. Mr. Rutherfurd, from the Committee appointed to consider the message of the President of the United States, of the 29th of December last, made report. Whereupon, The Senate resumed the consideration of the nomination of William Aylet Lee, to be a Captain in the corps of Artillerists and Engineers; and on the question to advise and consent to his appointment, conformable to the nomination, it passed in the negative. And the question being put on the several subsequent nominations contained in the said message, of the 29th of December last. Resolved, That the Senate advise and consent to the appointments, agreeable to the nominations respectively. Ordered, That the Secretary lay this resolution before the President of the United States. FRIDAY, JANUARY 9, 1795. Mr. Strong reported, from the Committee appointed to consider the treaties made by Timothy Pickering, Commissioner on behalf of the United States, with the Six Nations of Indians, of the 11th of November, 1794; and also the treaty with the Oneida, Tuscarora, and Stockbridge Indians, of the 2d of December, 1794. Whereupon, Resolved, (two-thirds of the Senate concurring therein,) That they advise and consent to the ratification of the treaty above-mentioned, with the Six Nations. Resolved, (two-thirds of the Senate concurring therein), That they advise and consent to the ratification of the treaty above-mentioned, with the Oneida, Tuscarora, and Stockbridge Indians. Ordered, That the Secretary lay these resolutions before the President of the United States. A TREATY Between the United States of America, and the Tribes of Indians called the Six Nations The President of the United States having determined to hold a conference with the Six Nations of Indians, for the purpose of removing from their minds all causes of complaint, and establishing a firm and permanent friendship with them; and Timothy Pickering being appointed sole agent for that purpose; and the agent having met and conferred with the Sachems, Chiefs and Warriors of the Six Nations, in a general council: Now, in order to accomplish the good design of this conference, the parties have agreed on the following articles; which, when ratified by the President, with the advice and consent of the Senate of the United States, shall be binding on them and the Six Nations. ARTICLE I Peace and friendship are herely firmly established, and shall be perpetual, between the United States and the Six Nations. ARTICLE II The United States acknowledge the lands reserved to the Oneida, Onondaga and Cayuga Nations, in their respective treaties with the state of New-York, and called their reservations, to be their property; and the United States will never claim the same, nor disturb them or either of the Six Nations, nor their Indian friends residing thereon and united with them, in the free use and enjoyment thereof: but the said reservations shall remain theirs, until they choose to sell the same to the people of the United States, who have the right to purchase. ARTICLE III The land of the Seneka nation is bounded as follows: Beginning on Lake Ontario, at the north-west corner of the land they sold to Oliver Phelps, the line runs westerly along the lake as far as O-yong-wong-yeh Creek, at Johnson's Landing-place, about four miles eastward from the fort of Niagara; then southerly up that creek to its main fork, then straight to the main fork of Stedman's creek, which empties into the river Niagara, above fort Schlosser, and then onward, from that fork, continuing the same straight course, to that river: (this line, from the mouth of O-yong-wong-yeh Creek to the river Niagara, above fort Schlosser, being the eastern boundary of a strip of land, extending from the same line to Niagara river, which the Seneka nation ceded to the King of Great-Britain, at a treaty held about thirty years ago, with Sir William Johnson;) then the line runs along the river Niagara to Lake Erie; then along Lake Erie to the northeast corner of a triangular piece of land which the United States conveyed to the state of Pennsylvania, as by the President's patent, dated the third day of March, 1792; then due south to the northern boundary of that state; then due east to the south-west corner of the land sold by the Seneka nation to Oliver Phelps; and then north and northerly, along Phelps' line, to the place of beginning on Lake Ontario. Now the United States acknowledge all the land within the aforementioned boundaries, to be the property of the Seneka nation; and the United States will never claim the same, nor disturb the Seneka nation, nor any of the Six Nations, or of their Indian friends residing thereon and united with them, in the free use and enjoyment thereof: but it shall remain theirs, until they choose to sell the same to the people of the United States, who have the right to purchase. ARTICLE IV The United States having thus described and acknowledged what lands belong to the Oneidas, Onoidagas, Cayugas, and Senekas, and engage never to claim the same, nor to disturb them, or any of the Six Nations, or their Indian friends residing thereon and united with them, in the free use and enjoyment thereof: Now, the Six Nations, and each of them, hereby engage that they will never claim any other lands within the boundaries of the United States; nor ever disturb the people of the United States in the free use and enjoyment thereof. ARTICLE V The Seneka nation, all others of the Six Nations concurring, cede to the United States the right of making a wagon road from Fort Schlosser to Lake Erie, as far south as Buffaloe Creek; and the people of the United States shall have the free and undisturbed use of this road, for the purposes of travelling and transportation. And the Six Nations, and each of them, will forever allow to the people of the United States a free passage through their lands, and the free use of the harbors and rivers adjoining and within their respective tracts of land, for the passing and securing of vessels and boats, and liberty to land their cargoes where necessary for their safety. ARTICLE VI In consideration of the peace and friendship hereby established, and of the engagements entered into by the Six Nations and because the United States desire, with humanity and kindness, to contribute to their confortable support; and to render the peace and friendship hereby established, strong and perpetual; the United States now deliver to the Six Nations, and the Indians of the other nations residing among and united with them, a quantity of goods of the value of ten thousand dollars. And for the same considerations, and with a view to promote the future welfare of the Six Nations and of their Indian friends aforesaid, the United States will add the sum of three thousand dollars to the one thousand five hundred dollars, heretofore allowed them by an article ratified by the President, on the twenty-third day of April, 1792; making in the whole, four thousand five hundred dollars, which shall be expended yearly forever, in purchasing clothing, domestic animals, implements of husbandry, and other utensils suited to their circumstances, and in compensating useful artificers, who shall reside with or near them, and be employed for their benefit. The immediate application of the whole annual allowance now stipulated, to be made by the superintendant appointed by the President for the affairs of the Six Nations and their Indian friends aforesaid. ARTICLE VII Lest the firm peace and friendship now established should be interrupted by the misconduct of individuals, the United States and Six Nations agree, that for injuries done by individuals on either side, no private revenge or retaliation shall take place; but, instead thereof, complaint shall be made by the party injured, to the other: By the Six Nations or any of them, to the President of the United States, or the Superintendent by him appointed and by the Superintendent, or other person appointed by the President to the principal chiefs of the Six Nations, or of the nation to which the offender belongs: and such prudent measures shall then be pursued as shall be necessary to preserve our peace and friendship unbroken; until the legislature (or great council) of the United States shall make other equitable provision for the purpose. Note: It is clearly understood by the parties to this treaty, that the annuity stipulated in the sixth article, is to be applied to the benefit of such of the Six Nations and of their Indian friends united with them as aforesaid, as do or shall reside within the boundaries of the United States: For the United States do not interfere with nations, tribes or families of Indians elsewhere resident. IN WITNESS whereof, the said Timothy Pickering, and the Sachems and War-chiefs of the said Six Nations, have hereto set their hands and seals. Done at Kon-on-daigua, in the State of New York, the eleventh day of November, in the Year one thousand seven hundred and ninety-four. Timothy Pickering; Onoyeahnee; Konneatorteeooh, or Handsome Lake; Tokenhyouhau, alias Captain Key; Oneshauee; Hendrick Aupaumut; David Neesoonhuk; Kanatsoyh, alias Nicholas Kusik; Sohhonteoquent; Ooduhtsait; Konoohgung; Tossonggaulolus; John Skenendoa; Oneatorleeooh; Kussauwatau; Eyootenyootauook; Kohnyeaugong, alias Jake Stroud; Shaguiesa; Teeroos, alias Captain Prantup; Sooshaoowau; Henry Young Brant; Sonhyoowauna, or Big Sky; Onaahhah; Hotoshahenh; Kaukondanaiya; Nondiyauka; Kossishtowau; Oojaugenta, or Fish Carrier; Toheonggo; Ootaguasso; Joonondauwaonch; Kiyauhaonh; Ootaujeaugenh, or Broken Axe; Tauhoondos, or Open the Way; Twaukewasha: Sequidongquee, alias Little Beard; Kodjeote, or Half Town; Kenjauaugus, or Stinking Fish; Soonohquaukau; Twenniyana; Jishkaaga, or Green Grasshopper, alias Little Billy; Tuggehshotta; Tehongyagauna; Tehongyoowush; Konneyoomesot; Tioohquottakauna, or Woods on Fire; Taoundaudeesh; Honayawus, alias Farmer's Brother; Soggooyawauthau, alias Red Jacket; Konyootiayoo; Sauhtakaongyees, or Two Skiles of a Length; Ounna shattakau; Kaungyanehquee; Sooayoowau; Kaujeagaonh, or Heap of Dogs; Soonoohshoowau; Thaoowaunias; Soonongjoowau; Kiantwhauka, alias Cornplanter; Kaunehshong Witnesses: goo. Israel Chapin, William Shepard, Jr., James Smedley, John Wickham, Mr. HALEY. Dr. Taylor prepared the following statement relative to Federal responsibilities for Indians affairs. I ask unanimous consent that it be placed in our record because it also applies to this legislation. RESPONSIBILITY FOR INDIANS RELATIVE TO HOUSE JOINT RESOLUTION 703, 86TH CONGRESS 1. Article 1, section 8, clause 3 of the U.S. Constitution empowers Congress "To regulate commerce with foreign nations, and among the several States; and with the Indian tribes." Historically, the power of Congress to regulate commerce with Indian tribes has for its field of action the entire Nation, not just the Indian country. The commerce clause is the only grant of power in the Constitution which mentions Indians. The congressional power over commerce with the Indian tribes plus the treatymaking power is much broader than the power over commerce between States. So long as "Indian tribes" exist as such, or until the Constitution is amended, Congress ostensibly will retain the plenary power granted or implied in the commerce clause to regulate tribal activities and thereby the activities of the individual members. 2. The act of March 3, 1849 (9 Stat. 395, sec. 5), established the Department of the Interior as being responsible for supervision of Indian affairs. Prior to 1849, responsibility rested with the War Department through the act of August 7,1789 (49 Stat.). 3. The act of May 28, 1830 (25 U.S.C. 175), designated the Department of Justice to represent Indians, "In all States and Territories where there are reservations or allotted Indians the U.S. Attorney shall represent them in all suits at law and equity." However, this statute has been interpreted not to be mandatory in cases where the Attorney General is already representing the United States in condemnation proceedings. The Indians, in such cases, are encouraged to hire their own attorneys to prosecute their claims. 4. The act of September 13, 1950 (Public Law 785, 81st Cong.), conferred jurisdiction on the courts of the State of New York with respect to civil actions between Indians or to which Indians are parties. Two provisos of this act are of interest in the Kinzue case. First, "Nothing herein contained shall be construed as subjecting the lands within any Indian reservation in the State of New York to taxation for State or local purposes, nor as subjecting any such lands, or any Federal or State annuity in favor of Indians or Indian tribes, to execution on any judgment rendered in the State courts, except in the enforcement of a judgment in a suit by one tribal member against another in the matter of the use or possession of land:" The second proviso reads as follows: "That nothing herein contained shall be construed as conferring jurisdiction on the courts of the State of New York or making applicable the laws of the State of New York in civil actions involving Indian lands or claims with respect thereto which relate to transactions or events transpiring prior to the effective date of this Act." It is through these provisos that, I believe, legal action occurred in the Federal courts. In other words, the Federal Government did not relinquish control over Indian lands when condemnation was involved. 5. The State of New York, as did other original States, before and after the adoption of the Federal Constitution, assumed the right of entering into treaties with Indian tribes for the extinguishment and acquisition of their title to lands within their respective jurisdictions. They exercised such powers independently of the Government of the United States. In 1788, 1789, and 1795 valid treaties were made between New York State and the Oneida, Onondaga, and Cayuga Nations. In 1929 Secretary of the Interior Wilbur commented as follows: "The State of New York has always assumed the burden of establishing and maintaining schools for the education of the Indian youth within her borders * * * constructed highways through reservations *** enforced sanitation, health, and other public measures * I am strongly moved to recommend that the activities of the State in this respect be in no manner curtailed." Except for a decade (1936-46) in a series of lawsuits instituted by the Bureau of Indian Affairs and Department of Justice the same trend toward increased State responsibility and control continued. The New York office of the Bureau of Indian Affairs was closed in 1949, and two criminal and civil jurisdiction laws (title 25 U.S.C.A. secs. 232 and 233) were passed in 1948 and 1950. In New York there are no services rendered by the Bureau of Indian Affairs except for the annual payment of $6,000 in interest and the distribution of $4,500 worth of cloth to the various tribes pursuant to the provisions of the act of February 19, 1831 (4 Stat. 442), and article 6 of the Pickering Treaty of November 11, 1794. These services will continue until some plan for commutation can be worked out between the United States and the Indians of New York State. Mr. HALEY. Finally, I want to include a list of the four major court decisions through which the Seneca Nation lost its contest and struggles to prevent the taking of its land through the abrogation of the treaty of 1794 by the U.S. Government. |