Treaty with the New York Indians, 1838

David Neiger

02/23/16

Professor Martin

Le 350        Federal Indian Law        

Treaty Paper

TREATY WITH THE NEW YORK INDIANS, 1838.

Jan. 15, 1838. | 7 Stat., 550. | Proclamation, Apr. 4, 1840.

        Throughout the vast land that makes up the great United States of America, there are hundreds of different Native American tribes or bands, it is currently estimated that there are over two million Native Americans that make up our entire population today.  Native Americans are considered to be individuals who are pre-European ancestors and are indigenous meaning, (originating or occurring naturally in a particular place or native) to the lands with in the United States of America’s Boarders including Alaska and Hawaii.  Native Americans or Indians are made up of many different ethnic groups and many of these tribes or bands still survive intact today as sovereign nations.  

        The Native American’s due to the fact that they reside on United States soil, have over the years since the late eighteenth century began to make treaties with the United States government and legal systems.  Native American’s are granted rights from treaties they make with the United States of America, which are agreements on specific terms sort of similar to the likes of a contract.  They only work if both parties willingly agree to the obligations of the other party.  The Native American Treaty I have chosen to discuss for this paper is entitled “Treaty with the New York Indians, of 1838” This Treaty was between two parties, one of the Six Nations of the New York Indians and the United States Government.  This treaty had begun on January 15th, 1838 and wasn’t declared until April 4th, 1840.  

        In the first article of the treaty, there is a clarification of land boundaries stating that the several New York Indians tribes leaders such as the chiefs, worriers and representatives have annexed the land following the United States code to relinquish there right, title and interest to the land which was secured to the New York Indians at the Green Bay by the Menomine Treaty of 1831, which is in part where the New York Indians tribe currently reside stretching from “beginning at the southwesterly corner of the French grants at Green Bay, and running thence southwardly to a point on a line to be run from the Little Cocaclin, parallel to a line of the French grants and six miles from Fox River; from thence on said parallel line, northwardly six miles; from thence eastwardly to a point on the northeast line of the Indian lands, and being at right angles to the same.”

        Another part of this treaty or article two, dealt with the relinquishment on the part of the New York Indians Tribe, in order to “manifest the deep interest of the United States in the future peace and prosperity of the New York Indians.”  The United States of America agreed to set apart the country directly west of the State of Missouri, which would become a permanent home for all of the New York Indians, who now mainly reside in the State of New York, Wisconsin and a few other places throughout the United States.  This treaty proclaimed that the part of the country described as

“Beginning on the west line of the State of Missouri, at the northeast corner of the Cherokee tract, and running thence north along the west line of the State of Missouri twenty-seven miles to the southerly line of the Miami lands; thence west so far as shall be necessary, by running a line at right angles, and parallel to the west line aforesaid, to the Osage lands, and thence easterly along the Osage and Cherokee lands to the place of beginning to include one million eight hundred and twenty-four thousand acres of land, being three hundred and twenty acres for each soul of said Indians.”

        There was one condition in the terms of the agreement which was that the tribes or nations of Indians needed approval from the president of the United States, that issued in conformity with the provisions of the third section of the act called An act to provide for an exchange of lands, with the Indians residing in any of the States or Territories, and for their removal west of the Mississippi,” approved on the 28th day of May, 1830.  It is understood and had been agreed upon that the described country is intended as future homes for the following tribes, The Senecas, Onondagas, Cayugas, Tuscaroras, Oneidas, St. Regis, Stockbridges, Munsees, and Brothertowns residing in the State of New York, and the same is to be divided equally among them.