them besides the sum of $202,000,
which will be due from the purchasers of their occupant right to the
Senecas, and $9,600 to the Tuscaroras for their title to 1,920 acres
of land in Ontario County, N.Y., exclusive of the 5,000 acres above
mentioned.

But whilst such are my views in respect to the measure itself, and while
I shall feel it to be my duty to labor for its accomplishment by the
proper use of all the means that are or shall be placed at my disposal
by Congress, I am at the same time equally desirous to avoid the use of
any which are inconsistent with those principles of benevolence and
justice which I on a former occasion endeavored to show have in the main
characterized the dealings of the Federal Government with the Indian
tribes from the Administration of President Washington to the present
time. The obstacles to the execution of the treaty grow out of the
following considerations: The amended treaty was returned to me by your
body at the close of its last session, accompanied by a resolution
setting forth that "whenever the President of the United States shall be
satisfied that the assent of the Seneca tribe of Indians has been given
to the amended treaty of June 11, 1838, with the New York Indians,
according to the true intent and meaning of the resolution of the 11th
of June, 1838, the Senate recommend that the President make proclamation
of said treaty and carry the same into effect." The resolution of the
11th of June, 1838, provided that "the said treaty shall have no force
or effect whatever as relates to any of the said tribes, nations, or
bands of New York Indians, nor shall it be understood that the Senate
have assented to any of the contracts connected with it until the same,
with the amendments herein proposed, is submitted and fully explained
by the commissioner of the United States to each of the said tribes or
bands separately assembled in council, and they have given their free
and voluntary consent thereto." The amended treaty was submitted to the
chiefs of the several tribes and its provisions explained to them in
council. A majority of the chiefs of each of the tribes of New York
Indians signed the treaty in council, except the Senecas. Of them only
16 signed in council, 13 signed at the commissioner's office, and 2, who
were confined by indisposition, at home. This was reported to the War
Department in October, 1838, and in January, 1839, a final return of
the proceedings of the commi