770 (N.Y. 1885),[1] was an early litigation of aboriginal title in New York, with the Canadian Cayugas seeking to recovery compensation from a prior land cession.

[2][6] The Board of Land Commissioners reported to the state legislature in 1849, recommending that the claim be paid.

[4] The hearing was presided over by Commissioner Lyman H. Northup, joined by George M. Beebe, and Henry F.

[8] Canadian Cayuga Isaac Davis visited the United States Commissioner, James C. Strong (who, in private practice, would later litigate Seneca Nation of Indians v. Christy), who was representing the Cayugas in connection with the claim, on May 4, 1884 to discuss the status of the still-pending claim.

[9] In the aftermath, the Board of Commissioners of the Land Office determined that they were not competent to act on the matter.

[3][9] The Canadian Cayugas, still represented by Gen. Strong, sought mandamus relief from the Board's decision in the New York Supreme Court in Albany.

[2] The state's main argument was that the determination of which Cayugas were entitled to receive the annuity was a political question reserved to the legislature.

First, the court held that the Canadian Cayugas were not a party to the treaty: The commissioners may deal with a part or portion or party of a nation of Indians in respect to certain matters, but the relators are in error in supposing that they are such part or portion within the meaning or intent of the statute ...

The relators seem unknown to the state, and I do not find that they have in any manner or at any time been recognized as a "part" or "portion" of the Cayuga nation of Indians.

[9] In February 1888, Gen. Strong lobbied the legislature to appoint a single Commissioner to treat with the Canadian Cayugas and enter into a settlement that could be approved by the Governor.