Agreement (Treaty of Big Tree) with the Seneca, 1797
In 1797 the Seneca sold land in western New York to Robert Morris for $100,000 in bank stock, keeping named reservations.
- Signed
- September 15, 1797
- Senate
- Ratified
- Land set aside for the nations
- about 4.0 million acres
What happened
What happened
On September 15, 1797, at Genesee, New York, the Seneca nation signed a deed to Robert Morris, a private buyer. The deed says the sale was agreed at "a treaty held under the authority of the United States." Jeremiah Wadsworth attended as commissioner appointed by the President. William Shepard attended as a superintendent appointed by Massachusetts.
Morris held something narrower than ownership. Massachusetts had sold him the pre-emptive right, meaning the right to buy this land from the Seneca. The price was "one hundred thousand dollars," to be invested in Bank of the United States stock, held in the President's name for the use of the Seneca nation.
The Seneca excepted several tracts from the sale. They kept two square miles each at Canawaugas, Big Tree, Little Beard's town and Squawky Hill, a parcel at Gardeau, a tract eight miles by two at Kaounadeau, two pieces along Lake Erie at Cataraugos, forty-two square miles near the Allegheny River, and 200 square miles to be laid off partly at Buffalo and partly at Tonnawanta creeks. They reserved the privilege of fishing and hunting on the land they sold.
The Oklahoma State University treaty database tags this document "not ratified" under key provisions. It reproduces the contract as printed at 7 Stat. 601.
Good to know. This was a private sale to Robert Morris under U.S. supervision; the National Archives calls it an agreement, and one database marks it "not ratified".
Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error
What the sources say, and how this was checked
Well supported by the sources below.
a treaty held under the authority of the United States, with the said Seneca nation
Agreement with the Seneca, 1797 (Oklahoma State University Tribal Treaties Database)one hundred thousand dollars, to be by the said Robert Morris vested in the stock of the bank of the United States
Agreement with the Seneca, 1797 (Oklahoma State University Tribal Treaties Database)excepting and reserving to them, the said parties of the first part, and their nation
Agreement with the Seneca, 1797 (Oklahoma State University Tribal Treaties Database)the privilege of fishing and hunting on the said tract of land hereby intended to be conveyed
Agreement with the Seneca, 1797 (Oklahoma State University Tribal Treaties Database)
Research notes. A private-sale contract held under U.S. supervision; NARA titles it 'Agreement with Seneca' and the OSU database tags it 'not ratified'. The sources opened do not describe pressure on the Seneca, opposition to the sale, or later disputes, so none is stated. No total acreage is given in the text read, only reservation sizes in square miles.
What the treaty did to the land
About 4.0 million acres recognized, kept or set aside for the nations. Each shape is a numbered area in the federal government’s 1899 record of land cessions.
set aside as a reservationabout 4.0 million acres
Reservation of the Seneka in New York (area 29)
Kept by the Seneka when they sold land to Robert Morris in the 1797 Treaty of Big Tree; a reservation, not a cession.
set aside as a reservationabout 90,000 acres
Land of the Seneka in New York, ceded 1838 (area 39)
Kept by the Seneka as the Buffalo Creek tract in 1797, sold to Ogden and Fellows in the 1838 treaty, and the sale confirmed in the 1842 compromise treaty.
set aside as a reservationabout 67,000 acres
Land of the Seneka in New York, ceded 1838 (area 40)
Kept by the Seneka as the Tonawanda tract in 1797, sold to Ogden and Fellows in 1838 and confirmed in 1842; the Tonawanda band bought back about 7,550 acres under the 1857 treaty.
set aside as a reservationabout 45,000 acres
Reservation of the Seneka in New York (area 34)
Kept by the Seneka when they sold land to Robert Morris in the 1797 Treaty of Big Tree; a reservation, not a cession.
set aside as a reservationabout 45,000 acres
Land of the Seneka in New York, ceded 1838 (area 38)
Kept by the Seneka as the Allegany reserve in 1797, sold to Ogden and Fellows in the 1838 treaty, and returned to Seneka use by the 1842 compromise.
set aside as a reservationabout 23,000 acres
Reservation of the Seneka in New York (area 35)
Kept by the Seneka when they sold land to Robert Morris in the 1797 Treaty of Big Tree; a reservation, not a cession.
set aside as a reservationabout 23,000 acres
Land of the Seneka in New York, ceded 1802 (area 36)
Kept by the Seneka as a 12-mile tract at Cattaraugus in 1797, then ceded to the Holland Land Company in 1802, which granted the Seneka a larger Cattaraugus tract in return.
set aside as a reservation
Reservation of the Seneka in New York (area 30)
Kept by the Seneka when they sold land to Robert Morris in the 1797 Treaty of Big Tree; a reservation, not a cession.
set aside as a reservation
Reservation of the Seneka in New York (area 31)
Kept by the Seneka when they sold land to Robert Morris in the 1797 Treaty of Big Tree; a reservation, not a cession.
set aside as a reservation
Land of the Seneka in New York, ceded 1802 (area 32)
Kept by the Seneka as Little Beard's town, 2 square miles, in the 1797 Treaty of Big Tree, then ceded to Phelps, Bronson and Jones in 1802.
set aside as a reservation
Reservation of the Seneka in New York (area 33)
Kept by the Seneka when they sold land to Robert Morris in the 1797 Treaty of Big Tree; a reservation, not a cession.
set aside as a reservation
Land of the Seneka in New York, ceded 1802 (area 37)
Kept by the Seneka as a second tract at Cattaraugus, on Lake Erie, in 1797, then ceded to the Holland Land Company in June 1802.
set aside as a reservation
Reservation of the Seneka in New York (area 41)
Kept by the Seneka as the Oil Spring tract in New York in the 1797 Big Tree agreement; a reservation, not a cession.
What happened next
Everything the record holds about this land and this treaty, in order: what earlier agreements said, what this one did, and what the United States, the courts and the nations did afterwards.
- 1797
This treaty
About 4.0 million acres set aside as a reservation for the Seneka
In 1797 the Seneca sold land in western New York to Robert Morris for $100,000 in bank stock, keeping named reservations.
- 1802
Land lost
About 23,000 acres ceded to the United States by the Seneka
The 1899 record: “The Seuccas cede to the Holland Land Company the 12-nnlc ] tract along Catarangos creek”
- 1802
Land lost
Land ceded to the United States by the Seneka
The 1899 record: “Senecas cede to Phelps, Ilronson and .Tones the tract known as Little Beard's reservation”
- 1802
Land lost
Land ceded to the United States by the Seneka
The 1899 record: “The Senecas cede to the Holland Land Company the tract at the mouth of Catarangos creek”
- 1838
Land lost
About 202,000 acres ceded to the United States by the Seneka
By Treaty of Buffalo Creek with the New York Indians, 1838
- 1842
Land record
Earlier terms confirmed for the land of the Seneka
By Seneca at Buffalo Creek, New York (1842)
- 1842
Land lost
About 45,000 acres of reservation taken back by the United States
By Seneca at Buffalo Creek, New York (1842)
- 1857
Land lost
About 67,000 acres of reservation taken back by the United States
By Treaty of Tonawanda Band of Seneca, 1857
Who is doing the work today
The nations connected to this treaty come first, then groups returning land and defending treaty rights. Support goes directly to them.
Who is doing the work
This history belongs to living nations. Start with them:
Working with these nations
- Oneida Indian Nation Nation government About 18,000 acres in trust (2022 est.), 25,000-acre cap under 2013 agreement
- Rematriation Native-led Indigenous women-led media, education, community advocacy Give on their site Website
- The Nature Conservancy (TNC) Allied land trust Funder/partner in several tribal land returns Website
Native legal and land defense, nationally
- Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
- NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
- Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
- Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website
Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.
Sources
Sources
- digitreaties.org/treaties/treaty/84565084reference work
Research notes
NARA lists as 'Agreement with Seneca at Genesee'. Treaty named 'Big Tree'. Stat. cite from Stat. vol. 7 index appendix (p. 601). Kappler page not confirmed.
Shapes are approximate and are not legal descriptions of land, title or jurisdiction.