ter the first year, have generally been able to raise crops sufficient for their subsistance; and those who have resided there a few years, have already become comfortable livers.

Secondly. It is considered an advantageous arrangement for those Indians, because their title to the Green Bay lands was only an Indian occupancy, such as the Menominees possessed before them; and which therefore secured no permanency to their settlements. This, with its northern geographical situation, were serious objections in the minds of many of the New-York Indians, to a removal to this country, and induced them to apply to the Government of the United States, to have lands assigned them in the Indian Territory west of the Missouri river. These treatise guarantee to them a permanent home without the Territorial limits of the States, and the quiet and peaceable enjoyment of the same, with the right to establish their own government and laws, subject only to the legislation of Congress according to the provisions of the Constitution of the United States.

Thirdly. It is an advantageous arrangement for the Indians, because in the exchange they obtain a much more eligible country, and of an extent equal to all their future necessities; and while it compels none of them to remove thereto, it makes at the same time an ample provision of funds for the removal and subsistance for all who choose to emigrate, and for the education of their children. This will enable those who wish to remove to sell their present improvements, and with the avails thereof settle themselves more comfortably in their new homes than many of our own citizens have ever been able to settle a new country; for which they will receive the full value for their improvements, their homes will cost them nothing, and they will be removed and subsisted there at the expense of the States, and have the means furnished them to improve their condition, which at once must convince every candid person that the policy of the Government is both liberal and just towards them.

The treaty with the Indians of the Six Nations, your Excellency will perceive, is signed by the representatives of three only of those tribes, viz: the Oneidas, Tuskaroras, and St. Regis. It is, however, necessary to state why this is so; and we must therefore say, that they were the only portion of the Six Nations that ever were at any expense or trouble in securing and settling the Green Bay country, assigned by the Monominee treaty as a home for the Six Nations. The Senecas, Cayugas, Onondagas and Schuyler party of Oneida Indians, who have not signed the treaty, never contributed any thing towards the purchase of the Green Bay country, and therefore have never considered themselves as having any rights there, and this they give as one of the strong reasons for having nothing to do with the treaty which made a disposition of it to the United States.

The Menominee treaty, however, provided a future home for all the New-York Indians, who should remove to it in three years from the date of the treaty in February, 1831, or within such time as the President should prescribe. After that period, the lands were to be divided among the actual settlers, by giving to each such a quantity as the President should deem equitable and just, and the balance would revert to

the United States. The time for their removal was limited by the President to January, 1837, of which all the Indians interested have been duly notified, so that all the right of the New-York Indians to remove to Green Bay closes and terminates after this year. But a better country, however, is provided for them as a permanent home. These considerations induced the Commissioner on the part of the United States, after having concluded the treaty at Duck Creek, to visit the Indians still residing in the State of New-York, to submit and explain to them this treaty, and obtain their signatures to it if possible; and he was very happy, when he arrived at Buffalo, to meet the Commissioner sent on by your Excellency to aid in their negotiations; and those that were contemplated with the Senecas in particular.

The Commissioners first met the Indians on the 12th of October, on Seneca Reservation, near Buffalo, at a time when they had been assembled for the payment of their annuities. After having explained fully the rights of the New-York Indians to the lands provided for them at Green-Bay, as a future home; and having announced to them that the President had limited their removal there to this year, the treaty was laid before them for their acceptance and assent. The Senecas were the first that replied, and stated that they claimed no right or interest in the lands purchased by some of the Six Nations at Green-Bay, and therefore would take no part in any disposition of them whatever; and if they had any claim to them, they had already relinquished it. There is, however, reason to believe, that their refusal to sign the treaty, arose from other considerations, and influence made use of by some of our own citizens to answer their own ends. We were informed, and there is no doubt of the fact, that some individuals, chiefs and principal men of the Seneca tribe, had granted leases for a term of years to our own citizens, for considerable portions of their most valuable lands and mill sites, for an annual rent of a very considerable nominal amount. This gave the advisers of this measure the entire control of the Indians, although they well knew that the leases were illegal and could not be enforced; yet it served their purposes to work upon the Indians, and also upon the gentlemen who hold the right of pre-emption to these lands from the State of Massachusetts. And although the Legislature of this State, at their last session, refused to sanction leases of this description on the Allegany Reservation, still these leases are multiplying. We state these facts, that your Excellency may be apprised of the principal difficulty that we had to encounter in bringing the Senecas to unite in this treaty, notwithstanding many of them are in favor of emigrating to the country assigned to the New-York Indians by the treaty, and which a delegation of their tribe have explored two years since. This system of leasing by the Indians, should it be tolerated, will operate injuriously to them, for it will introduce a population among them, which has not, nor never can be a benefit to them in any respect, and must have a tendeucy only to encourage the Indians in indolence and dissipation. It is also a matter worthy of consideration, whether, if this system of leasing, set on foot by our own citizens, be permitted to go on, it is not a counteraction of the stipulations and agreements between the States of Massachusetts and New-York, which secures and gives the [SENATE JOURNAL.]

D

right of pre-emption of these lands to the former and thier assigns; while the latter retains only jurisdiction over them. At all events, we have no doubt, that as long as this course is pursued, it will be impossible to extinguish the Indian title, and make any satisfactory arrangements in reference to them.

The Cayugas, about one hundred and thirty in number, which are all that is left of this tribe in this State, reside on the lands of the Senecas, having none of their own. Their chiefs, as they informed us, would gladly have signed the treaty, but they were afraid to offend the Senecas, for fear they would drive them off their lands. They however wish the ratification of the treaty, and will no doubt remove to the home which it provided for them.

About one-third of the Onondagas also live on the lands of the Senecas; and they were in a great measure operated upon by the same influences and considerations as the Cayugas, for they too wished to give no offence to the Senecas. They also stated that the treaty, if ratified, would make provision for them in common with all the New-York Indians, whenever they concluded to emigrate, and therefore they did not wish to give unnecessary offence to their brothers, the Senecas, by signing the treaty. The Schuyler party among the Oneidas, were, as far as we could understand, actuated by the views just expressed in declining the treaty. The fact is, that all the Indians residing in New-York are persuaded the treaty is a very advantageous one for them, and in reality they desire its ratification, without assuming the responsibility of signing it.

By communications lately received from Green-Bay and Buffalo, Tuscarora and Oneida, it is evident that a large party of the New-York Indians will remove west of the Mississippi as soon as they have had an opportunity to explore the country, and we are of opinion that if a liberal and generous policy is pursued, the New-York Indians will remove, as a matter of choice, in a short time.

Of the Munsees, there are in this State only about sixty-three, and these are principally all under the care and direction of the Munsee chief who signed the Stockbridge and Munsee treaty; and his people are extremely anxious to remove, as they have no lands of their own in this State. We also understand that there are several Munsees in Upper Canada, who are also anxious to remove with the rest of their tribe to the west.

We herewith also transmit you a copy of a supplement to the treaty with the Indians of the Six Nations, concluded this day, between the United States and the Oneidas still residing in this State, being part of the first Christian and Orchard parties.

We are, with much respect,

Your obedient servants,

J. F. SCHERMERHORN,
CHARLES C. BRODHEAD.

To His Excellency,

Governor MARCY.

1

Ordered, That the message of his excellency the Governor be committed to a committee of the whole, and that ten times the usual number of copies be printed.

On motion of Mr. Maison,

Resolved, (if the Assembly concur,) That the joint rules of the Senate and Assembly which were in force at the last session of the Legislature, be adopted for the government of the two houses during the pre

sent session.

Ordered, That the clerk deliver a copy of said resolution to the Assembly.

Ön motion of Mr. Tracy,

Resolved, That when the Senate adjourns it will adjourn to meet at 11 A. M. until otherwise ordered.

Then the Senate adjourned until 11 o'clock to-morrow morning.

WEDNESDAY, 11 O'CLOCK, A. M.-JANUARY 4, 1837.

The Senate met pursuant to adjournment.

Mr. McLean presented the petition of sundry inhabitants of the county of Washington, praying for an act incorporating a woollen and cotton manufacturing company, to be located at Granville; which was read, and referred to the committee on manufactures to be appointed.

Mr. Wager presented the petition of Amaziah Stebbins, a canal contractor, for relief; which was read, and referred to the Canal Commissioners.

Mr. Livingston presented the petition of the president and directors of the Greenwich Bank, for an increase of its capital; which was read, and referred to the committee on banks and insurance companies to be appointed.

Mr. Beckwith presented the memorial of Luther Pardee and others, praying for compensation for injuries sustained from the Minden Feeder dam; which was read, and referred to the committee on canals to be appointed.

The report of the committee appointed at the last session of the Legislature to examine the Treasurer's accounts, was received and read.

[See Senate Document No. 4.]

Mr. Edwards moved the following resolutions:

Resolved, That so much of the Governor's message as relates to the judiciary system and an amendment of the Constitution, be referred to the committee on the judiciary.

Resolved, That so much as relates to colleges, academies and common schools, the Superintendent's office, the common school system and

the literature and common school funds, be referred to the committee on literature.

Resolved, That so much as relates to the canal revenue and the finances of the State, be referred to the committee on finance.

Resolved, That so much as relates to canals and internal improvements, be referred to the committee on canals.

Resolved, That so much as relates to the acceptance of the portion of the surplus funds of the United States to be distributed to this State for deposite, be referred to a select committee.

Resolved, That so much as relates to a modification of the restraining law, be referred to a select committee.

Resolved, That so much as relates to a repeal or modification of the usury law, be referred to a select committee.

Resolved, That so much as relates to the increase of bank capital and the circulation of bank notes under the denomination of five dollars, be referred to the committee on banks and insurance companies.

Resolved, That so much as relates to the treaty for the removal of the Indians from this State, the compensation to the commissioner who assisted in the negotiation, and the intrusions upon Indian lands, be referred to the committee upon Indian affairs.

Resolved, That so much as relates to the laws regulating pilots for the port of New-York, be referred to a select committee.

Ordered, That Mr. Tracy, Mr. Hunter and Mr. Johnson, be a com

mittee on claims.

Ordered, That Mr. L. Beardsley, Mr. Young and Mr. Paige, be a committee on finance.

Ordered, That Mr. Edwards, Mr. L. Beardsley and Mr. Maison, be a committee on the judiciary.

Ordered, That Mr. Maison, Mr. H. F. Jones and Mr. Spraker, be a committee on the militia.

Ordered, That Mr. Livingston, Mr. Armstrong and Mr. Dickinson, be a committee on canals.

Ordered, That Mr. Mack, Mr. J. Beardsley and Mr. Livingston, be a committee on rail-roads.

Ordered, That Mr. Willes, Mr. J. P. Jones and Mr. Huntington, be a committee on roads and bridges.

Ordered, That Mr. Young, Mr. Paige and Mr. McLean, be a committee on literature.

Ordered, That Mr. Hunter, Mr. Edwards and Mr. Van Dyck, be a committee on State prisons.

Ordered, That Mr. Armstrong, Mr. Powers and Mr. Wager, be a committee on banks and insurance companies.

Ordered, That Mr. Beckwith, Mr. Mack and Mr. J. P. Jones, be a committee on the division of towns and counties.

Ordered, That Mr. Lacy, Mr. Huntington and Mr. Lawyer, be a committee on agriculture.

Ordered, That Mr. Loomis, Mr. Downing and Mr. Willes, be a committee on manufactures.

Ordered, That Mr. J. Beardsley, Mr. Beckwith and Mr. Lawyer, be a committee on privileges and elections.