an Onondaga, but at this point, he is speaking on behalf of the Cayuga as
Clinton responded that he had been attempting to "reconcile" the two
Cayuga factions "and do equal Justice to both parties[.]" St. exh. 19 at
864. Moreover, the Governor explained that the State "never desired to
buy [the Cayuga's] reserved Lands[.]" Id. at 865 (emphasis added). The
Governor further explained the State's view that it had a "duty to
Protect [the Cayuga] in the enjoyment of the[ir] [lands] according to the
covenant between [the State and the Cayuga.]" Id. Clinton proclaimed that
the State had "always been ready" to protect the Cayuga in that way, but
through the Cayuga's "friend" General Chapin, he had become aware that
the Cayuga were "discontent[and] . . . wanted to sell or Lease [their]
Lands[.]" Id. According to Clinton, Chapin had repeatedly informed him
that the Cayuga and Onondaga wanted to know the Governor's "[i]ntentions"
regarding their lands. St. exh. 19 at 867. In fact, by September 27,
1794, Chapin, on behalf of the Cayuga and Onondaga, had written to the
Governor no less than three times because those nations "appear[ed]
anxious respecting their Lands[.]" Id. at 866-67. Thus, despite the fact
that there was a mechanism in place — the 1793 statute —
which would have allowed the Cayuga, if they so desired, to dispose of
all or part of their land to the State of New York, and despite the fact
that the Cayuga appeared interested in doing so, during the years 1793
and 1794 no land transfers took place between the Cayuga and the State.
K. 1794 Federal Treaty of Canandaigua
What the State government was unable to accomplish in the early part of
1794, the Federal Government was. On November 11, 1794, at Canandaigua,
the U.S. entered into a "peace Treaty" with the Six Nations. See Tr. at
2968-69; see also Gov. exh. 203 at 349, Art. 2. Colonel Timothy
Pickering, the Secretary of War, see Gov. exh. 363 at 462, was the U.S.'
"sole agent" for negotiating that Treaty. See Gov. exh. 203 at 349. In
that 1794 Treaty "the [U.S.] agreed to ratify the [State's] Treaty of
Albany of 1789 recognizing the existence of the Cayuga Reservation [i.e.
the 64,000 acres]", as well as to ratify the State's 1790 Treaty with the
Cayuga, thereby maintaining the status quo with respect to those prior
two Treaties. See Tr. at 2968; and 3456-57. Maintenance of the status
quo is also evident in the next provision of Article two of the 1794
Treaty wherein the U.S. explicitly declares that it will "never claim
[the lands], nor disturb the [lands], or either of the Six Nations, nor
their Indian friends, residing thereon, and united with them, in the free
use and enjoyment thereof[.]" Gov. exh. 203 at 349, Art. 2.
In consideration "of the peace and friendship . . . established" under
this 1794 Treaty, the U.S. delivered to the Six Nations goods valuing
$10,000.00. Gov. exh. 203 at 349, Art. 6. The U.S. further agreed to the
payment of an annuity totaling $4,500.00. See id. "[F]ifty-nine sachems
and war chiefs of the Six Nations" signed the 1794 Treaty, id.,
including Sachems or Chiefs from each of the two Cayuga factions. See
Tr. at 5374; and Gov. exh. 218 at 703. Approximately two months later, in
January 1795, the U.S. Senate ratified the 1794 Treaty of Canandaigua.
See Gov. exh. 218 at 706.
Obviously the 1794 Treaty was preceded by negotiations between the
U.S. and the Six Nations. For their part, during these negotiations the
Cayuga once again stated a willingness to dispose of their land. In
particular, several days prior to the signing of the 1794 Federal Treaty,
in a speech to Colonel Pickering (who was negotiating
on the U.S.' behalf), Fish Carrier, the Cayuga majority spokesperson,
expounded upon the Cayuga's intent:
The reason why we say there is something heavy on
our minds is the situation of our Land. We have a
little piece, and we would wish to do with it as we
ourselves please: It is but a little piece, and we
reap no benefit from it, not even to the value of a
penny. We want to dispose of it, so that our women and
children may reap some benefit from it.
We now desire the privilege of disposing of that
land as we see fit: and we desire that privilege to be
granted to us by the State of New York.
The York people not coming forward to bargain for
our land according to our request altho' they have got
all our country for a small trifle; and we having but
a little piece left would wish to dispose of it as we
Now I have laid our mind before you, we desire by
all means that our request may be complied with by the
I mentioned having your [Pickering's] assistance and
General Washinton's [sic]: and we now want you to sign
this paper, to show that it was here agreed on, and
that we may then send it to the York People.
St. exh. 72 (emphasis added). Fish Carrier continued, noting that even
given several Cayuga inquiries to Chapin, a "great majority of [the
Cayuga] nation" had not received any of the $500 annuity as the State had
promised in 1789. See id. Therefore, Fish Carrier requested, as he had
before, that the State yearly pay the $500.00 to Chapin, a federal
official, and he in turn "would see it was divided right" among all
members of the Cayuga Nation. Id.
On November 16, 1974, just five days after signing the 1794 Treaty of
Canandaigua, the Cayuga Chiefs, along with the Onondaga Chiefs, "finally
agreed on the following expression of their minds to Col[onel]
Pickering." St. exh. 73 at 104. In yet another speech to Pickering, the
Cayuga and the Onondaga again clearly expressed a "desire to dispose of
[their] land[,]" but this time they specified the "for an annual rent, to
be paid to [them] and [their] posterity forever." St. exh. 73 at 104
(emphasis added); see also Tr. at 3464. The Chiefs offered the following
justification for this request:
For we have nothing to leave to our children but what
our little pieces of land will produce; and all they
will produce will be but a trifle when divided among
so many families: but it will at least relieve the
poor, if we can obtain the just value of our land. . . .
When we desire to dispose of our lands in this
manner, we do not mean to take the seats away from any
families of our nations who now live upon our
reservations: So much as shall be proper, we still
desire to have reserved for their use. These reserves
we will agree on among ourselves if the liberty we
request is granted.
Id. at 104-05; see also Tr. at 3464. Then, just a few days prior to the
execution of the 1794 Treaty, Fish Carrier repeated his earlier request
that the State, as it had promised, pay the $500 annuity to "General
Chapin who [wa]s appointed by General Washington to take care of [the
Cayuga]" because he "would make a just distribution[.]" Id. at 104.