CHAPTER XV.

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Micah Brooks, Esq. volunteers to get the Title to her Land confirmed to herself.—She is Naturalized.—Great Council of Chiefs, &c. in Sept. 1823.—She Disposes of her Reservation.—Reserves a Tract 2 miles long, and 1 mile wide, &c.—The Consideration how Paid, &c.

In 1816, Micah Brooks, Esq. of Bloomfield, Ontario county, was recommended to me (as it was said) by a Mr. Ingles, to be a man of candor, honesty and integrity, who would by no means cheat me out of a cent. Mr. Brooks soon after, came to my house and informed me that he was disposed to assist me in regard to my land, by procuring a legislative act that would invest me with full power to dispose of it for my own benefit, and give as ample a title as could be given by any citizen of the state. He observed that as it was then situated, it was of but little value, because it was not in my power to dispose of it, let my necessities be ever so great. He then proposed to take the agency of the business upon himself, and to get the title of one half of my reservation vested in me personally, upon the condition that, as a reward for his services, I would give him the other half.

I sent for my son John, who on being consulted, objected to my going into any bargain with Mr. Brooks, without the advice and consent of Mr. Thomas Clute, who then lived on my land and near me. Mr. Clute was accordingly called on, to whom Mr. Brooks repeated his former statement, and added, that he would get an act passed in the Congress of the United States, that would invest me with all the rights and immunities of a citizen, so far as it respected my property. Mr. Clute, suspecting that some plan was in operation that would deprive me of my possessions, advised me to have nothing to say on the subject to Mr. Brooks, till I had seen Esquire Clute, of Squawky Hill. Soon after this Thomas Clute saw Esq. Clute, who informed him that the petition for my naturalization would be presented to the Legislature of this State, instead of being sent to Congress; and that the object would succeed to his and my satisfaction. Mr. Clute then observed to his brother, Esq. Clute, that as the sale of Indian lands, which had been reserved, belonged exclusively to the United States, an act of the Legislature of New-York could have no effect in securing to me a title to my reservation, or in depriving me of my property. They finally agreed that I should sign a petition to Congress, praying for my naturalization, and for the confirmation of the title of my land to me, my heirs, &c.

Mr. Brooks came with the petition: I signed it, and it was witnessed by Thomas Clute, and two others, and then returned to Mr. Brooks, who presented it to the Legislature of this state at its session in the winter of 1816-17. On the 19th of April, 1817, an act was passed for my naturalization, and ratifying and confirming the title of my land, agreeable to the tenor of the petition, which act Mr. Brooks presented to me on the first day of May following.

Thomas Clute having examined the law, told me that it would probably answer, though it was not according to the agreement made by Mr. Brooks, and Esq. Clute and himself, for me. I then executed to Micah Brooks and Jellis Clute, a deed of all my land lying east of the picket line on the Gardow reservation, containing about 7000 acres.

It is proper in this place to observe, in relation to Mr. Thomas Clute, that my son John, a few months before his death, advised me to take him for my guardian, (as I had become old and incapable of managing my property,) and to compensate him for his trouble by giving him a lot of land on the west side of my reservation where he should choose it. I accordingly took my son's advice, and Mr. Clute has ever since been faithful and honest in all his advice and dealings with, and for, myself and family.

In the month of August, 1817, Mr. Brooks and Esq. Clute again came to me with a request that I would give them a lease of the land which I had already deeded to them, together with the other part of my reservation, excepting and reserving to myself only about 4000 acres.

At this time I informed Thomas Clute of what John had advised, and recommended me to do, and that I had consulted my daughters on the subject, who had approved of the measure. He readily agreed to assist me; whereupon I told him he was entitled to a lot of land, and might select as John had mentioned. He accordingly at that time took such a piece as he chose, and the same has ever since been reserved for him in all the land contracts which I have made.

On the 24th of August, 1817, I leased to Micah Brooks and Jellis Clute, the whole of my original reservation, except 4000 acres, and Thomas Clute's lot. Finding their title still incomplete, on account of the United States government and Seneca Chiefs not having sanctioned my acts, they solicited me to renew the contract, and have the conveyance made to them in such a manner as that they should thereby be constituted sole proprietors of the soil.

In the winter of 1822-3, I agreed with them, that if they would get the chiefs of our nation, and a United States Commissioner of Indian Lands, to meet in council at Moscow, Livingston county, N. Y. and there concur in my agreement, that I would sell to them all my right and title to the Gardow reservation, with the exception of a tract for my own benefit, two miles long, and one mile wide, lying on the river where I should choose it; and also reserving Thomas Clute's lot. This arrangement was agreed upon, and the council assembled at the place appointed, on the 3d or 4th day of September, 1823.

That council consisted of Major Carrol, who had been appointed by the President to dispose of my lands, Judge Howell and N. Gorham, of Canandaigua, (who acted in concert with Maj. Carrol,) Jasper Parrish, Indian Agent, Horatio Jones, Interpreter, and a great number of Chiefs.

The bargain was assented to unanimously, and a deed given to H. B. Gibson, Micah Brooks and Jellis Clute, of the whole Gardow tract, excepting the last mentioned reservations, which was signed by myself and upwards of twenty Chiefs.

The land which I now own, is bounded as follows:—Beginning at the center of the Great Slide [Footnote: The Great Slide of the bank of Genesee river is a curiosity worthy of the attention of the traveller. In the month of May, 1817, a portion of land thickly covered with timber, situated at the upper end of the Gardow flats, on the west side of the river, all of a sudden gave way, and with a tremendous crash, slid into the bed of the river, which it so completely filled, that the stream formed a new passage on the east side of it, where it continues to run, without overflowing the slide. This slide, as it now lies, contains 22 acres, and has a considerable share of the timber that formerly covered it, still standing erect upon it, and growing.] and running west one mile, thence north two miles, thence east about one mile to Genesee river, thence south on the west bank of Genesee river to the place of beginning.

In consideration of the above sale, the purchasers have bound themselves, their heirs, assigns, &c. to pay to me, my heirs or successors, three hundred dollars a year forever.

Whenever the land which I have reserved, shall be sold, the income of it is to be equally divided amongst the members of the Seneca nation, without any reference to tribes or families.


                                                                                                                                                                                                                                                                                                           

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