to the state, by the statute attainder of Sir John Johnson. In consequence of the misapprehension of the facts in regard to the extent of this escheat, the author, in connection with the history of the land titles, has deemed it proper not only to elucidate the subject fully and minutely, but to attempt, not an apology merely, but defense, ample and elaborate, of the revolutionary patriots and fathers, who adopted and rigidly enforced the attainder act of 1779. My countrymen have more than once been charged with illiberality and cruelty in exacting the "pound of flesh," after the British king had yielded the point and confirmed the independence of his rebellious colonies. These advocates for republican munificence and generosity, seem to have forgotten the lives immolated on the altar of oppression, and the millions of money expended in defending the country against the aggressive acts of many of these same attainted adherents of loyalty; and that, if stern and inexorable justice was exacted, it was only in observance of a rule of public law sanctioned by the most refined civilization. The emancipated colonists should have been willing to mete out exact and even-handed justice, but they were not in any view which could be taken of this question, in a condition to be generous.

Although this may be quite a proper subject for general history, and elaborate discussion by statesmen, it finds a suitable place in the humbler annals of the upper Mohawk valley, where the forfeitures have been incurred, and the law of reprisal has been enforced. While the advocates of restoration of forfeited estates are zealously engaged in finding condemnatory arguments against the Americans for not yielding the forfeiture, let them bear in mind not only the circumstances that provoked the action of the colonial authorities, but the hostile attitude of the British authorities long after the peace of 1783 was inaugurated. The frontier posts were long held, in despite of the energetic remonstrances of the United States, and in violation of the treaty of peace;

the western Indian tribes were instigated to acts of hostility, and rumored threats of a renewal of the war, and a speedy subjugation of the rebel colonists, did not and could not fail to influence the state governments in their action upon this question.

I take great pleasure in tendering my acknowledgments to the present Secretary of State, of this state, and A. G. Johnson, Esq., his deputy; the Hon. Abijah Beckwith, of Columbia; Hon. F. E. Spinner, of Mohawk; Hon. E. P. Hurlbutt, of Newport; Jonas Cleland, Esq., of Warren; Doct. William Mather, of Fairfield; Lauren Ford, Esq., Little Falls; Samuel Earl, Esq., Herkimer; D. C. Henderson, of Norway; E. T. Cleland, Esq., county clerk; to whom I am indebted for facilities afforded in obtaining useful information, and for timely assistance in collecting materials and furnishing valuable documents. I am under obligations to several other individuals for suggestions and information, for which they have my thanks.

In committing this work to the public, the author admits, it might have been better executed by an abler pen than his, at an earlier period of the country, but he confidently hopes, however, it will be found an interesting and useful addition to our local history.

Little Falls, 1855.

N. S. BENTON.

CHAPTER I.

The Mohawk Indians - The Iroquois - Extent of Country-ConfederationProbable Period when it took Place - Not a Perfect Union - Popular Aspect of the System - Presiding Officer in General Council - War Chief — Tuscaroras-Territory Claimed by the Mohawks-St. Regis ColonyIndians Treated as Owners of the Soil-The Hostility of the Mohawks to the French-Friendship to the English-Sir William Johnson's Influence - They Join the English and Abandon their Country - The Oneidas — Bravery and Cruelty of the Mohawks- Upper Castle in Danube - Fighting Men in 1677-Same in 1763- Hereditary Descent in Female LineCouncil of Nations - Marriage-Wife's Right of Property - Witchcraft Hendrik-Little Abraham - Garangula.

The aboriginal inhabitants of the territory whose history is intended to be delineated in the subsequent pages of this work, were the Maquaes, or Mohawk Indians, one of the five confederated tribes or cantons of the Konoshioni or Iroquois, found in that part of the state extending from Albany north to lake Champlain and the river St. Lawrence, south-westerly to the head waters of the Susquehanna and Delaware rivers, and westerly to lakes Ontario and Erie, and even to the valley of the Ohio, when the Dutch made their appearance on the waters of the Hudson, in 1609.

The period when this confederacy was formed is quite as much involved in the mists of tradition as any other remote event of Indian origin. Some fix the epoch a short time prior to the occupation by the Dutch, while others extend it back to A. D. 1414. This confederation seems to have been established for the common purposes of defense and offense in war. It was not a perfect union whereby each tribe or canton surrendered to the council any portion of the internal policy of the tribe. Each was perfectly independent of all

control by the other members of the confederacy, except when the united cantons in council had resolved unanimously to go upon the war path, and even then, that question had to be referred to the warriors of each tribe assembled in council, where also a unanimous decision was required. Thus every resolve carried with it the full popular will, and hence the success which always attended the war parties of the Iroquois against the other American tribes. Each tribe was governed by its own civil and war chiefs. In the general council of the confederacy, the Mohawks, Oneidas, Onondagas and Cayugas were each represented by one delegate, and the Senecas by two, the latter being much more numerous than either of the other tribes. The presiding officer in this congress of ambassadors was always assigned to the Onondagas, and the principal war chief was taken from the Mohawks.

The Tuscaroras, who were always admitted as off-shoots of the New York Iroquois tribes, retired from North Carolina in 1714, after being severely chastised by the whites and a party of southern Indians, for several cruel massacres, and joined the Five Nations, and thereafter became one of the members of the confederacy. The Oneidas assigned lands to them within their cantonal limits. Each tribe claimed dominion over territory having general boundaries, and that of the Mohawks embraced all that part of the state included within a line running from the Hudson river to the head waters of the Susquehanna and Delaware, and extending thence to the St. Lawrence near Ogdensburgh, and embracing all the lands between Lake Champlain and the St. Lawrence, as well as those about Lake George. Their northern limits were not fixed in 1771, and they probably claimed as hunting grounds all the lands between the St. Lawrence and St. John's rivers to Montreal. This probability is much strengthened by the fact that an off-shoot of the Mohawks, the St. Regis colony, was seated on the south side of the St. Lawrence as early as 1650, or about that period.

The Dutch and English colonial governments, although they treated the Indians within their respective jurisdictions as subjects, would not make any grants of the ultimate fee until the Indian titles had been extinguished by purchase. The Mohawks were always on terms of amity with the English, but exercised the most bitter hostility against the French in Canada and their Indian allies, even when France and England were at peace. Sir William Johnson's influence over these people was unbounded, and at his death they transferred all their deep-seated savage affections to his family.

Under the influence of the Johnson family, they early attached themselves to the royal cause in the revolutionary war, emigrated to Canada, and but few, if any, ever returned. The Onondagas, Cayugas, and Senecas, were also hostile to the colonists during the whole period of the war. The Oneidas promised to remain neutral, but towards its close, they with some of the Tuscaroras joined the American forces, and performed good service in punishing marauding parties of the enemy. In the preliminary articles and definitive. treaty signed at Paris, Great Britain abandoned their sable allies, except those who emigrated to Canada, to the mercy of the Americans.

The Oneidas were driven from their towns by the enemy for their attachment to the cause of the colonists, and were compelled to seek a home for their old men, women and children, near Schenectady.

The Mohawks distinguished themselves on many occasions by acts of bravery and devotion, so striking and peculiar as to elicit from those whom they served, the highest commendations, while their deeds of cruelty in war have been long remembered and deeply execrated by those who were so unfortunate as to be numbered among their enemies.

The Upper Mohawks' castle was erected in the present town of Danube, on a beautiful flat east of the Nowadaga creek, and here a mission was established and a small church