then remained in the possession of the Six Nations, who had not surrendered their title thereto.

XI. IROQUOIS CESSIONS AND GRANTS OF LAND IN NEWYORK.*

At Fort Stanwix, Oct. 22, 1784, the SIX NATIONS held a treaty with Wolcott, Butler and Lee, United States Commissioners, in which the Oneidas and Tuscaroras were guarantied a peaceable possession of the lands whereon they were settled, and the Indian territory limited as follows:

"A line shall be drawn, beginning at the mouth of a creek, about four miles east of Niagara, called Oyonwayea, or Johnston's Landing Place, upon the lake, named by the Indians Oswego, and by us Ontario; from thence southerly in a direction always four miles east of the carrying path, between

The courts will not take notice of any title to land not derived from our own Government. [Jackson ex. dem. Winthrop, vs. Ingraham, 4. John. R. 163.] Discovery constitutes the original title to lands on the American continent; and the title thus derived was the exclusive right of acquiring the soil from the natives, and establishing settlements upon it. [8 Wheaton's U. S. Rep. 543.]

The right of the original inhabitants has been in no instance disregarded. [Ì'dem.] The Europeans respected the rights of the natives as occupants, but asserted the ultimate dominion to be in themselves; and claimed thereby the power to grant the soil while in possession of the natives. [Idem.]

The United States, or the several States, have a clear title to all the lands within the boundary lines described in the treaty; subject only to the Indian right of occupancy. [Idem.]

These rules accord to the Indian the right of possession only. They deny him title, except he receive that title from this Government or its assigns. [5 Cond. Rep. 515.]

It is a principle of universal law, that if an uninhabited country be discovered by a number of individuals who acknowledge no connection with and own no allegiance to any Government whatever, the country becomes the property of the discoverers, so far as they can use it. [8 Wheaton's U. S. Rep. 548.]

Appropriation of land by the Government, is nothing more or less than setting it apart for some peculiar use. [13 Peters, 498.]

The U. S. Government having a standing right of pre-emption to lands occupied by Indians, it is competent for the Government to transfer that right by special or general acts of Congress. [13 Peters, 436.]

lake Erie and Ontario, to the mouth of Tehoseroron, or Buffalo creek, on lake Erie; thence south, to the north boundary of the State of Pennsylvania; thence west, to the end of the said north boundary; thence south, along the west boundary of the said State, to the river Ohio; the said line from the mouth of the Oyonwayea to the Ohio, shall be the western boundary of the lands of the Six Nations; so that the Six Nations shall, and do, yield to the United States, all claims to the country west of the said boundary; and then they shall be secured in the peaceful possession of the lands they inhabit, east and north of the same, reserving only six miles square, round the fort of Oswego, to the United States, for the support of the same."

At Fort Herkimer, June 28, 1785, the ONEIDAS and TusCARORAS, in consideration of $11,500, conveyed: "All that tract of land situate on the west side of the line commonly called the line of property, established at a treaty held at Fort Stanwix, in 1768, and on the north side of the Pennsylvania line, beginning at the mouth of the Unadilla, or Tianaderha river, where the same empties into the Susquehanna river; thence, up the said Unadilla, or Tianaderha river, ten miles, measured on a straight line; thence due west to the Chenango river; thence southerly down the said Chenango river to where it empties into the said Susquehanna river, and to the said line, called the line of property; thence along the said line to the place of beginning; so as to comprehend all the land belonging to the Oneida and Tuscarora nations, lying south of the said line to be run from the said Unadilla, or Tianaderha river, to the Chenango river, and north of the division line between the State of New-York and the State of Pennsylvania; together with all ways, waters, water courses, rivers, rivulets, creeks, and streams, of water; and also all mines and minerals, which are, or may be, found thereon." &c.

At Fort Schuyler, Sept. 12, 1788, the ONONDAGAS ceded as follows: "First, the Onondagas do cede and grant all their lands to the People of the State of New-York forever. Secondly, the Onondagas shall, of the said ceded lands, hold to themselves and their posterity, forever, for their own use and cultivation, but not to be sold, leased, or in any other manner aliened or disposed of to others, all that tract of land beginning at the southerly end of the Salt Lake, at the place where the river or stream on which the Onondagas now have their village, empties into the said lake, and runs from the said place of beginning east three miles; thence southerly, according to the general course of the said river, until it shall intersect a line running east and west at the distance of three miles, south from the said village; thence from the said point of intersection west nine miles; thence northerly, parallel to the second course above mentioned, until an east line will strike the place of beginning; and thence east to the said place of beginning. Thirdly, the Onondagas and their posterity, forever, shall enjoy the free right of hunting in every part of the said ceded lands, and of fishing in all the waters within the same. Fourthly, the Salt Lake, and the lands for one mile round the same, shall forever remain for the common benefit of the People of the State of New-York, and of the Onondagas and their posterity, for the purpose of making salt, and shall not be granted, or in any wise disposed of, for other purposes. Fifthly, in consideration of the said cession and grant, the People of the State of New-York do, at this treaty, pay to the Onondagas one thousand French crowns in money, and two hundred pounds in clothing, at the price which the same cost the People of the State of NewYork. And the People of the State of New-York shall annually pay to the Onondagas and their posterity, forever, on the first day of June, in every year, at Fort Schuyler, five hundred dollars in silver; but if the Onondagas, or their posterity, shall, at any time hereafter, elect that the whole or

any part of the said five hundred dollars shall be paid in clothing or provisions, and give six weeks previous notice thereof to the Governor of the said State, for the time being, then, so much of the annual payment shall, for that time, be in clothing or provisions, as the Onondagas or their posterity shall elect, and at the price which the same shall cost the People of the State of New-York, at Fort Schuyler aforesaid. Sixthly, the People of the State of New-York may, in such manner as they shall deem proper, prevent any persons, except the Onondagas, from residing or settling on the lands so to be held by the Onondagas and their posterity, for their own use and cultivation; and if any persons shall, without the consent of the People of the State of New-York, come to reside or settle on the said lands, or on any other of the lands so ceded, as aforesaid, the Onondagas and their posterity shall forthwith give notice of such intrusions to the Governor of the said State for the time being; and further, the Onondagas, and their posterity, forever, shall, at the request of the Governor of the said State, be aiding to the People of the State of New-York, in removing all such intruders, and in apprehending, not only such intruders, but also felons and other offenders, who may happen to be on the said ceded lands, to the end that such intruders, felons, and other offend-ers, may be brought to justice."

At Fort Schuyler, Sept. 22, 1788, the ONEIDAS ceded as follows: "First, The Oneidas do cede and grant all their lands to the People of the State of New-York, forever. Secondly, of the said ceded lands, the following tract, to wit: beginning at the Wood creek, opposite to the mouth of the Canada creek, and where the line of property comes to the said Wood creek, and runs thence southerly to the northwest corner of the tract to be granted to John Francis Perache; thence, along the westerly bounds of the said tract, to the southwest corner thereof; thence to the northwest corner of the tract granted to James Dean; thence, along the westerly bounds

thereof, to the southwest corner of the last mentioned tract; thence, due south, until it intersects a due west line from the head of the Tianaderha, or Unadilla river; thence, from the said point of intersection, due west, until the Deep Spring bears due north; thence, due north, to the Deep Spring; thence, the nearest course to the Canaseraga creek; and thence, along the said creek, the Oneida Lake, and the Wood creek, to the place of beginning, shall be reserved for the following several uses; that is to say: the lands lying to the northward of a line parallel to the southern line of the said reserved lands, and four miles distant from the said southern line, the Oneidas shall hold to themselves and their posterity, forever, for their own use and cultivation, but not to be sold, leased, or in any other manner aliened or disposed of, to others. The Oneidas may, from time to time, forever, make leases of the lands between the said parallel lines, (being the residue of the said reserved lands,) to such persons and on such rents reserved, as they shall deem proper, but no lease shall be for a longer term than twenty-one years from the making thereof; and no new lease shall be made until the former lease of the same lands shall have expired. The rents shall be to the use of the Oneidas and their posterity, forever. And the People of the State of New-York shall, from time to time, make provision by law to compel the le sees to pay the rents, and in every other respect to enable the Oneidas and their posterity to have the full benefit of their right so to make leases, and to prevent frauds on them respecting the same: and the Oneidas, and their posterity, forever, shall enjoy the free right of hunting in every part of the said ceded lands, and of fishing in all the waters within the same; and, especially, there shall forever remain ungranted by the People of the State of New-York, one-half mile square, at the distance of every six miles of the lands along the northern bounds of the Oneida lake, one-half mile in breadth of the lands on each side of the Fish creek, and