Canada and the Law of Nations: A Selection of Cases in International Law, Affecting Canada or Canadians, Decided by Canadian Courts, by Certain of the Higher Courts in the United States and Great Britain and by International Tribunals

By Norman MacKenzie; Lionel H. Laing | Go to book overview

C. STATUS OF INDIANS

The Cayuga Indians American and British Claims Arbitration under the Agreement of August 18, 1910, 1926 Nielsen's Report, p. 307

Legal status of Indian tribes--Article IX of the Treaty of Ghent--Interpretation of Article V of the Claims Convention of February 8, 1853-- Contractual rights of states in the United States--Liability of the United States on agreements concluded by the State of New York --Denial of Justice--Laches.

The TRIBUNAL ( NERINCX, FITZPATRICK, POUND):

This is a claim of Great Britain, on behalf of the Cayuga Indians in Canada, against the United States by virtue of certain treaties between the State of New York and the Cayuga Nation in 1789, 1790, and 1795, and the Treaty of 1814 between the United States and Great Britain, known as the Treaty of Ghent.

At the time of the American Revolution, the Cayugas, a tribe of the Six Nations or Iroquois, occupied that part of Central New York lying about Cayuga Lake. During the Revolution, the Cayugas took the side of Great Britain, and as a result their territory was invaded and laid waste by Continental troops. Thereupon the greater part of the tribe removed to Buffalo Creek, and after 1784 a considerable portion removed thence to the Grand River in Canada. By 1790 the majority of the tribe were probably in Canada. In 1789 the State of New York entered into a treaty with the Cayugas who remained at Cayuga Lake, recognized as the Cayuga Nation, whereby the latter ceded the lands formerly occupied by the Tribe to New York and the latter covenanted to pay an annuity of $500 to the nation. In this treaty a reservation at Cayuga Lake was provided for. As there was much dissatisfaction with this treaty on the part of the Indians, who asserted that they were not properly represented, it was confirmed by a subsequent treaty in 1790 and finally by one in 1795, executed by the principal chiefs and warriors both from Buffalo Creek and from the Grand River. By the terms of the

-180-

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Canada and the Law of Nations: A Selection of Cases in International Law, Affecting Canada or Canadians, Decided by Canadian Courts, by Certain of the Higher Courts in the United States and Great Britain and by International Tribunals
Table of contents

Table of contents

  • Title Page iii
  • Foreword v
  • Introduction vii
  • Editors' Preface xi
  • Table of Contents xvii
  • List of Abbreviations xxvii
  • A. Canada, an International Entity 1
  • B. Jurisdiction Over Territory 30
  • C. Status of Indians 180
  • D. Individuals in International Law 221
  • E. International Rights and Duties 335
  • F. Private International Law 402
  • G. War and Its Effects 441
  • Index 555
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