The Daily Advertiser

HOUSE OF ASSEMBLY.
POUGHKEEPSIE.
Friday, February 15, 1788.
Continued.

THIS INDENTURE, made the 8th day of January, in the year of our Lord 1788, between the Sachems, Chiefs, and Warriors, of the Oneida Nation of Indians, of the first part, and John Livingston, Caleb Benton, and Ezekiel Gilbert, of the County of Columbia, and State of New-York, Esqs. and their associates of the second part, witnesseth, that the parties of the first part, for and in consideration of the yearly rent and covenants herein after reserved, mentioned and contained, which on the part and behalf of the parties of the second part, their Executors, Administrators, and Assigns, are and ought to be paid and performed, Have demised, granted, and to farm let, and by these presents do demise, grant, and to farm let unto the said party of the second part, their Executors, Administrators, and Assigns, all that certain tract of land, commonly called and known by the territory of the Oneida Indians, beginning at the confluence of Canada and Wood Creeks, running thence Southerly on the line known by the Line of Property, to the source of the Unadilla Branch of the Susquehannah River, descending the same branch to the North-East corner of the purchase lately made by the State of New York, thence due West to the North-West corner of the same purchase on the Chenango river; thence descending the said Chenango river to its junction with the Tioghnioga river, thence ascending the said last mentioned river, to the influx of a certain stream, falling into the West side of the last mentioned river called Onondagarene, thence ascending the said stream to its source, thence on a straight line to the source of a creek, called Kanonghto, thence on a direct line, to a place called Kanarhenhe on the outlet of the Oneida Lake, thence on a direct course to a place called Teyoghrayendon on Lake Ontario, thence on a direct line Eastwardly, to a place called Teyowifodon, thence on a direct line to the Little Falls, on the Mohawk river, thence a direct course to the place of beginning, excepting out of the above granted and demised premises, the land following, to wit, a piece six miles square on the Oneida Creek, heretofore granted to the Stockbridge Indians, also, a certain other piece two miles wide on the Line of Property, and by computation five miles in length, granted to other New England Indians, also, a certain other piece two miles square on the said Line of Property heretofore granted to James Deane, also, one other piece, one mile square adjoining said Deane, granted to Col. Wemple, also, one other piece one mile square adjoining said Deane, granted to George W. Kirkland, and John T. Kirkland, also, thirty-seven square miles adjoining said Deane, and lying on said Line of Property, granted to Jedediah Phelps, also four other square miles on the same Line of Property granted to Perache, also, one other square mile on Canada Creek, granted to Archibald Armstrong; also, excepting and reserving to the parties of the first part, their Heirs and Successors, for their sole use and behoof, the right of fishing in the creek which enters into the East end of Oneida Lake, called the Fish Creek, from one extremity thereof to the other, together with the lands along on each side of the same creek, to the extent of one mile in width, except the lands at and about the mouth of the said creek, where the old Royal Block-House formerly stood, which said lands are hereby granted to the party of the second part, for the privilege of erecting and keeping a post or posts and store-houses, whenever they may see fit; likewise reserving the full right of taking the fish, at and below the outlet of the said Lake. Also excepting and reserving to the parties of the first part, their Heirs and Successors, the tract of land following, to wit; beginning at the South West corner of lands, given to the New-England Indians; thence running on a straight course to the South-East corner of lands, given to the Stockbridge Indians, thence along the South line of the same, Westerly, to the South-West corner of the last mentioned land; thence Westerly, continuing the same course, so far, as that a line drawn Northerly, on a direct course, and extended to the Oneida Lake, opposite the small island called Teyoghahighnaneatogon, will intersect the old Indian path to Kanadesaraga, where the same crosses the creek at the Windfalls; and after striking said Lake, thence Easterly, along the South Shore of the said Lake, to the mouth of Wood Creek, thence ascending the said Wood Creek, till it comes to a point which shall be two miles on a direct course, distant from the Line of Property, aforesaid; thence Southerly, on a line parallel to the said Line of Property, to the lands granted to Jedediah Phelps, and others; and thence following the Westerly bounds of the same, till it meets the place of beginning. To Have and to Hold, all and singular the lands and premises hereby demised and granted, with all and singular the appurtenances, (except what is before excepted) unto the said parties of the second part, their Executors, Administrators, and Assigns, from the first day of January instant, for and during the term of nine hundred and ninety-nine years, from thence next following, and fully to be complete and ended, yielding, and paying therefor, yearly, for the space of ten years, on the first day of January in every year, the sum of one thousand silver dollars, and at the expiration of the said ten years, and on the first day of January, which will be in the year of our Lord one thousand eight hundred, and yielding and paying the sum of eleven hundred silver dollars, and on the first day of January, thence next ensuing, the sum of twelve hundred like dollars, and so on, increasing the aforesaid rent, at the rate of one hundred dollars per annum, until it shall amount to the sum of fifteen hundred Dollars; and then yielding and paying the sum of fifteen hundred dollars aforesaid, on the first day of January, yearly, and every year, during the remainder of the term hereby granted, unto the parties aforesaid of the first part, their Heirs and Successors. And the said parties of the second part, for themselves, their Executors, Administrators and Assigns, do hereby covenant and grant, to and with the parties aforesaid of the first part, their Heirs and Successors, to yield and pay, in and upon the days and times of payment, the rent above reserved, in manner and form above-mentioned; and also the parties aforesaid, of the second part, do hereby covenant and agree to, and with the parties aforesaid, of the first part, that they, the parties of the second part, and their Assigns, shall and will, whenever they shall erect posts and store-houses at the places above-mentioned and granted, where the old Royal Block-House formerly stood, at the Inlet of the above-mentioned Oneida Lake, present and give, the sum of one hundred dollars, unto the parties aforesaid, of the first part, their Heirs, or Successors: and further, that in case any mines or minerals shall, during the aforesaid term, be discovered, opened, or wrought, by the parties aforesaid, of the second part, within the premises hereby granted, their Executors, Administrators or Assigns, that then, in such case, the parties aforesaid, of the first part, their Heirs and Successors, shall be entitled to, and receive their share of the neat profits thereof. And the parties aforesaid, of the first part, do hereby, for themselves, their Heirs, Successors, and every of them, absolutely covenant, grant and agree, to and with the parties aforesaid, of the second part, their Executors, Administrators, and Assigns, that they, the said parties, of the first part, their Heirs and Successors, will not, at any time hereafter, during the term hereby granted, give, grant, bargain, sell, lease, or convey, any part or parts of the above granted lands, to any person, or persons, body politic, or corporate, upon any terms or conditions whatsoever; and further, that they, the parties of the first part, their Heirs and Successors, shall and will make and execute any further writings and assurances to the parties aforesaid, of the second part, their Executors, Administrators, or Assigns, which may at any time hereafter be necessary, or required, for the better securing, and assuring the parties of the second part or their Assigns, in the peaceable, uninterrupted, and quiet enjoyment of the lands and premises aforesaid, with all and singular the appurtenances thereunto belonging, or in any wise appertaining. In testimony whereof, the parties to these presents, have hereunto interchangeably set their hands and seals, the day and year first above written.
[Signed by a number of Indian Chiefs.]

A letter from the Rev. Mr. Kirkland was then read, giving an account of the treaties with the Indians, in which these leases had been obtained; and setting forth the good order which had prevailed thereat, and that the Indians were perfectly satisfied with the translations.

After these papers were read, the Committee went into the consideration thereof, and were unanimously of opinion, that the leases were not binding on the Indians, as they were contrary to the Constitution of the State. They then rose, when the Chairman reported the progress they had made, and asked for leave to sit again.

The House then went into Committee on the Bill concerning Slaves:
Mr. Hedges in the Chair.

The Committee having gone through the Bill, rose and reported the same, when it was ordered to be engrossed.

Mr. Tompkins moved for leave and brought in a Bill to raise a sum of money in the County of Westchester, for finishing the Court-house and Gaol of the said County; which was read a first time, and ordered a second reading.

Adjourned till 10 o'clock to-morrow morning.

Saturday, Feb. 16.

The House met, pursuant to adjournment.

The Bill to prevent frauds by Mortgages, and to secure the purchasers of mortgaged estates, was read a third time, and passed the House.

The House went into a Committee on the Bill for complying with the Act of Congress, of the 21st of March, 1787:
Mr. Powers in the Chair.

The Committee having gone through the Bill, and amended the title, rose and reported the same; when it was ordered to be engrossed.

The House went into a Committee on the Bill for the better settlement and relief of the Poor:
Mr. Taulman in the Chair.

After some time spent thereon, the Committee rose and reported their progress.

Read a second time and committed the Bill for raising money for finishing the Court-house and Gaol in the County of Westchester.

The House went again into a committee of the whole on the papers concerning Indian Leases:
Mr. John Smith in the Chair.

The committee having agreed to the following resolutions, rose and reported the same: and further, that it was their opinion a Committee should be appointed to prepare and bring in a Bill for appointing Commissioners to hold treaties with the Indians within this State; and a Committee was accordingly appointed.

The Resolutions agreed to are in these words:

STATE OF NEW-YORK.
In Assembly, February 16th, 1788.

WHEREAS John Livingston, Esq. of the Manor of Livingston, hath produced to Committees of the Senate and Assembly two certain writings, and which writings have been reported to the Senate and Assembly, the one of them dated the 20th day of November last, purporting to be a lease from the Chiefs and Sachems of the Six Nations of Indians, to him the said John Livingston and others, his associates, for the term of 999 years, on a yearly rent reserved of two thousand Spanish milled dollars, of all that tract of land in the said writing described, as beginning at a place commonly known by the name of Canada Creek, about seven miles West of Fort Stanwix, now Fort Schuyler; thence North-eastwardly to the line of the Province of Quebec; thence along the said line to the Pennsylvania line; thence East on the said line or Pennsylvania line, to the line of property so called by the State of New-York; thence along the said line of property to Canada Creek aforesaid. The other of the said writings dated the 8th day of January last, purporting to be a lease from the Sachems, Chiefs, and Warriors of the Oneida Nation of Indians, to the said John Livingston and his said associates for the said term of nine hundred and ninety-nine years, on a rent reserved for the first year of twelve hundred dollars, and increasing at the rate of one hundred dollars per annum until it shall amount to fifteen hundred dollars, of all those lands in the said writing described, as the tract of land commonly called and known by the territory of the Oneida Indians, with an exception as to several tracts and parcels in the said writing particularly specified; and which said leases were obtained from the said Indians by the said John Livingston and his associates, not under the authority, nor with the consent of the Legislature of this State.

Resolved, as the sense of the Senate and Assembly, that the said leases are purchases of lands, and therefore that, by the Constitution of this State, the said leases are not binding on the said Indians, and are not valid.

Resolved, as the determination of the Legislature, that the force of the State shall from time to time, as occasion may require, be exerted to prevent intrusions on, and for preserving to the people of this State, their rights to the lands and territories comprehended within the boundary specified in the said leases, against the said John Livingston and his said associates, and all other persons claiming or to claim any right, title or benefit, under the said leases or either of them.

Resolved, That his Excellency the Governor be requested to issue his Proclamation reciting these resolutions, and strictly charging and requiring the said John Livingston and his said associates, and all other persons, that they do not settle, improve, enter, or otherwise intrude on such of the said lands as have not heretofore been granted in due form of law, as they shall answer for every intrusion at their peril.

Ordered, That Mr. Benton deliver a copy of the preceding Resolutions to the Honorable the Senate, and inform them that it is the unanimous request of this House, that the Honorable the Senate would concur in the said Resolutions.

Mr. Jones moved for leave and brought in a Bill to repeal the acts therein mentioned, which was read a first time and ordered a second reading.

Mr. Taulman moved for leave and brought in a Bill for the payment of the salaries of the officers of Government, and other contingent charges; which was read a first time and ordered a second reading.

Mr. Benton, from the Committee appointed for that purpose, moved for leave and brought in a Bill appointing Commissioners for holding treaties with the Indians within this State, which was read a first time; and on special motion, the said Bill was read a second time and committed.

[To be continued.]