Claim of the United States to Indian lands—Conflicting claims of different States—Difficulty settled—Attempt to acquire the land by a lease—Purchase by Phelps and Gorham—Further purchase by Robert Morris.
At the close of the war of the Revolution, the territory ceded by Great Britain to the United States, included large tracts of country occupied by the Indians. In ceding these lands, she ceded only the right claimed by herself, on the ground of original discovery, which was simply a priority of right to purchase of the original occupants of the soil. The Indians were allowed to dwell upon these lands, and were considered in a certain sense the owners, but were required in case of a sale, to dispose of them to the government. [Footnote: Kent's Commentary.]
As each State claimed to be sovereign in every interest not ceded to the general government, each State claimed the territory covered by its original charter. These charters, owing to great ignorance of geographical limits, created claims that conflicted with each other. From this source originated difficult questions about land titles and jurisdiction, between the States of Connecticut and Pennsylvania,—Massachusetts and New York. These difficulties which existed before, the greater question of the Revolutionary war suspended for a time, but when peace was concluded, they came up again for a consideration and settlement.
The way was in a measure prepared for this, by the relinquishment to the general government, on the part of New York in 1781, and of Massachusetts in 1785, of all their right to territory west of a meridian line drawn south, from the western end of Lake Ontario.
In the adjustment of these difficulties, Connecticut relinquished her claim to a tract of land on the Susquehanna in Pennsylvania, called the Gore, and acquired that part of the State of Ohio called New Connecticut, or Western Reserve. And Pennsylvania obtained a tract of land lying immediately beyond the western boundary of the State of New York, and north-east of her own, embracing the harbor of Presque Isle, on Lake Erie, familiarly known as the Triangle, thus giving her access to the waters of this Lake.
The question in controversy between the States of New York and Massachusetts was more serious, owing to the large amount of territory claimed by the latter in western New York. It was brought to an amicable settlement, by Massachusetts surrendering to New York the right of jurisdiction, over all the land west of the present eastern boundary of the State; and by New York giving to Massachusetts the pre-emptive right, or right of purchasing of the Indians, all of the lands lying west of a meridian line drawn through Seneca Lake, from a certain point on the northern boundary of Pennsylvania, reserving however, a strip of land one mile in width, along the eastern shore of the Niagara river. Thus New York, while she retained the sovereignty, lost the fee of about six millions of acres of land, in one of the finest regions of country in the new world. [Footnote: For a more full account, see "Turner's History of the Phelps and Gorham Purchase.">[
While these difficulties were being adjusted, a magnificent speculation was in progress, which bid fair to meet the expectations of its earnest projectors. A company was organized, called the New York and Genesee Land Company, with a view to obtain the entire tract of Indian lands within the State. To evade the law forbidding the sale of these lands to any party not authorized by the State, it was proposed to obtain them by a lease, that should extend nine hundred and ninety-nine years. A lease extending so long, was regarded as equivalent to a sale.
With a view to further its designs another company, the Niagara Genesee Company, was also formed in Canada, of those who were most in correspondence with the Indians, and who would be influential in securing from them a decision in favor of their object.
These organizations, especially the New York Land Company, were large, and included men of wealth and prominence, both in New York and Canada. With such appliances as they were enabled to bring to bear upon the Indians, they secured, in November, 1787, a lease for nine hundred and ninety- nine years, of all the lands of the Iroquois in the State of New York, except some small reservations, and the privilege of hunting and fishing, for an annual rent of two thousand dollars, and a promised gift of twenty thousand dollars.
The formidable character of these associations created a just alarm, and measures were immediately undertaken to circumvent their influence. An act was passed by the Legislature of New York, in March, 1788, authorizing the governor to disregard all contracts made with the Indians, and not sanctioned by the State; and to cause those who had entered upon Indian lands under such contracts, to be driven off, and their houses destroyed. The sheriff of the county was directed to dispossess intruders and burn their dwellings, and a military force was called out, that strictly enforced these orders.