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Second Treaty of Buffalo Creek

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The Treaty of Buffalo Creek was a 1788 treaty between the Indians of western New York and certain purchasers of rights to the Indian's land, in which the Indian title to the lands was extinguished, in exchange for a payment plus an annuity.

Under the 1786 Treaty of Hartford, New York and Massachusetts settled their competing claims to the lands of western New York, which comprised about 6 million acres, all west of the 1763 Proclamation Line. Under this treaty, they agreed that the lands would be part of New York but Massachusetts would have ownership of the lands, subject to New York and to any Indian title. This was known as a "right of preemption." That is, a right to preempt all other purchasers of Indian title and purchase that title itself.

On April 1, 1788, Massachusetts sold its right of preemption of Indian lands in western New York to Oliver Phelps and Nathaniel Gorham. The sale involved all six million acres of the generally uninhabited lands. The sales price was $1 million, payable in three equal annual installments. Under the agreement, the buyers could pay in certain Massachusetts securities, then worth about 20 cents on the dollar. The sale was conditioned upon Phelps and Gorham extinguishing any and all Indian title.

On June 1, 1788, Mr. Phelps, the Rev. Samuel Kirkland as Commissioner for Massachusetts, and others arrived at Seneca Lake, which was the eastern boundry of the land. The expedition sought a meeting with the various Indian tribes to negotiate cession of all Indian title to the full 6 million acres. Phelps sent word to the Indians to parley and and on June 21, 1788, Red Jacket, Little Billy, Heap-of-Dogs, and three others invited Mr. Phelps to meet at Buffalo Creek, located in the western portion of the lands, approximately where the City of Buffalo, New York is presently located.

On July 4, 1788, the meeting was held at Buffalo Creek. After a few days of negotiation, Phelps bought for $5,000 and and a perpetual annuity of $500, a tract of about 2.6 million acres lying mainly between Seneca Lake and Genesee river. When the meeting was concluded, Phelps also asked for a gift of a lot west of the Genesee upon which a grist mill and saw mill could be erected for the Indians. They objected, but finally agreed to give him land sufficient for a mill lot. Phelps selected a 200,000 acre tract extending south from Lake Ontario twenty-five miles and twelve miles west of the course of the Genesee River. This became known as The Mill Yard Tract The mills were eventually erected at the Upper Falls of the Geneseee River and became the original site of Rochester, New York.

The remaining lands west of the Genesee River were eventually lost by Phelps and Gorham and were resold to a syndicate of Dutch investors known as The Hollnad Land Company and to Robert Morris (The Morris Reserve). About the same time, the unsold lands of Phelps and Gorham east of the Genesee River were acquired by Robert Morris, who resold them to a group of British investors, known as the Pulteney Estate.