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It may be stated at the outset that, as a general rule, the
policy adopted by the proprietors and settlers of the province of
New Jersey, in dealing with the Indians in regard to their lands,
was just and equitable, though passing, in the course of its
history, under different governments. Occasional injustice was done,
and complaints were made by the natives, but a disposition was
generally manifested on the part of the authorities to amend the
error. During the contests between the Dutch and the Swedes, it is
probable that the rights of natives were not as strictly observed as
they should have been; nevertheless, the contending claims were all
to some degree based on purchases or pretended purchases from them.
The Dutch, as has been shown in the section relating to New York,
usually purchased of the Indians the lands they wished to occupy.
Whether this rule was observed in taking possession in 1623 (or
1624) of the land on which Fort Nassau (near Gloucester) was built,
does not appear from any records examined.
In 1627 (according to some authors, later according to others) the
Swedes made their appearance in this region, and soon thereafter
purchased of "some Indians (but whether of such as had the proper
right to convey is not said) the land from Cape Inlopen to the Falls
of Delaware, on both sides the river, which they called New
Swedeland stream; and made presents to the Indian chiefs, to obtain
peaceable possession of the land so purchased."1
There is, however, considerable doubt as to the correctness of this
statement, as George Smith2 asserts that
the Swedes made no settlements on the Delaware until after 1631.
It appears that during the contest between the Dutch and the
Swedes, each party decided to pursue the policy of obtaining
additional grants of lands from the Indians as the one most likely
to strengthen its claim upon the river. There is evidence that both
parties conceded the possessory right to be _in the natives, and,
although using it for selfish purposes, respected it. As the policy
of the Dutch, who gained and hell control of the province until it
was acquired by the English in 1664, has been referred to under New
York, it is unnecessary to add further evidence on this point.
The province having been granted to Lord Berkeley and Sir George
Carteret, they appointed Philip Carteret as governor. Although there
was no provision in the concessions for bargaining with the Indians,
Governor Carteret, on his arrival, thought it prudent to purchase
their rights. He ordered that all settlers were either to purchase
of the Indians themselves, or if the lands had been purchased
before, they were to pay their proportions. In 1672 particular
instructions were given that the governor and council should
purchase all lands from the Indians, and be reimbursed by the
settlers as they obtained grants or made purchases from the
proprietors. This course had the effect to render the Indians, as a
general rule, quiet and peaceable neighbors during the early days of
the colony. By "The concessions and agreements of the proprietors,
freeholders and inhabitants," March 3, 1676, which was substantially
a constitution, it is agreed (chap. xxvi):
| When any lands is to be
taken up for settlements of towns, or other ways, before
it be surveyed, the commissioners or the major part of
them, are to appoint some persons to go to the chief of
the natives concerned in that land, so intended to be
taken up, to acquaint the natives of their intentions,
and to give the natives what present they shall agree
upon, for their good will or consent; and take a grant
of the same in writing, under their hands and seals, or
some other public way used in those parts of the world:
Which grant is to be registered in the public register,
allowing also the natives (if they please) a copy
thereof; and that no person or. persons take up any
land, but y order from the commissioners, for the time
being.3 |
In a memorial by the proprietors of East New Jersey, addressed
to. the Lords of Trade in 16997 they ask, among other things, that
"the proprietors shall have the sole privilege as always hath been
practiced of purchasing from the Indians, all such land lying within
East Jersey, as yet remain unpurchased from them." This request was
granted. The same request was repeated in 1701 by East Jersey and
West Jersey jointly.
In 1677 commissioners were sent by the proprietors of West Jersey
with power to buy lands of the natives; to inspect the rights of
such as claimed property, etc. On September 10 of the same year they
made a purchase of the lands from Timber creek to Rankokas creek; on
September 27, from Oldman's creek to Timber creek, and on October
10, from Rankokas creek to Assunpink. In 1703 another purchase was
made by the council of West Jersey of land lying above the falls of
the Delaware; another at the head of Rankokas river, and several
purchases afterward, including the whole of the lands worth taking
up, except a few plantations reserved to the Indians.4
Previous to this, in 1693, Jeremiah Bass, attorney for then West
Jersey Society, made a purchase on their behalf of the lands between
Cohansick creek and Morris river. Other purchases, not necessary to
be mentioned here, were made before and afterward.
The two divisions having been united into one province in 1702,
by order of Queen Anne, Lord Cornbury was appointed governor. One of
the numerous instructions given him is as follows: "You shall not
permit any other person or persons besides the said general
proprietors or their agents to purchase any land whatsoever from the
Indians within the limits of their grant."
In 1703 the following act was passed:
AN ACT for regulating
the purchasing of land from the Indians.
Whereas, several ill disposed persons within this
province have formerly presumed to enter into treaties
with the Indians or natives thereof, and have purchased
lands from them, such person or persons deriving no
title to any part of the soil thereof under the Crown of
England, or any person or persons claiming by, from or
under the same, endeavoring thereby to subvest her
Majesty's dominions in this country.
SEC. 1. Be it therefore enacted by the Governor,
Council and General Assembly, note met and assembled,
and by authority of the same, That no person or
persons what so ever, forever hereafter, shall presume
to buy, take a gift of, purchase in fee, take a
mortgage, or lease for life or number of years, from any
Indians or natives for any tract or tracts of lands
within this province, after the first day of December,
1703, without first obtaining a certificate under the
hand of the proprietor's recorder for the time being,
certifying such person path a right, and stands entitled
to a propriety, or share in a propriety, such person or
persons shall produce such certificate to the governor
for the time being, in order to obtain a license to
purchase such quantities of land or number of acres from
the Indians or natives aforesaid, as such certificate
mentions.
SEC. 2. Be it further enacted by the authority
aforesaid, That if any person or persons shall
presume to buy, purchase, take gift, or mortgage, or
lease of any land, contrary to this present act, he or
they so offending shall forfeit forty shillings, money
of this province for each acre of land so obtained, to
be recovered by any person or persons who shall
prosecute the same to effect, by action of debt, in any
court of record within this province, one half to the
use of her Majesty, her heirs and successors, towards
the support of the government, and the other to the
prosecutor: Provided always. That such purchasers, their
heirs and assigns shall forever hereafter be incapable
to hold plea for the said land in any court of common
law or equity.5 |
The Indian troubles in :Pennsylvania having caused fear among the
people of New Jersey in regard to the disposition of the natives of
this colony, and some complaints having been made by them in
reference to certain lands, the legislature, in 1756, appointed
commissioners to examine into the treatment the Indians had
received. In 1757 an act was passed to remedy the grievances by
laying a penalty upon persons selling strong drink to them, and
declaring all Indian sales or pawns for drink void; that no Indian
should be imprisoned for debt; that no traps of larger weight than
3½ pounds should be set, and that all sales or leases of lands by
the Indians, except in accordance with said act, should be void.
As the Indians specified quite a number of tracts which had been
purchased, and others which had not been properly obtained, the
commissioners, by the following act, passed in 1758, were authorized
to purchase and settle these claims:
AN ACT to empower
certain persons to purchase the claims of the Indians to
land in this colony.
Whereas, it is the inclination of the legislature of
this colony to settle and establish a good agreement and
understanding with the Indians who do and have inhabited
the same. And as the satisfying their just and
reasonable demands will be a necessary step thereto; and
as a strict and minute inquiry into their several claims
will be attended with great difficulty expense and
delay.
SEC. 1. Be it enacted by the Governor, Council and
General Assembly, and it is hereby enacted by the
authority of the same. That it shall and may be lawful
to and for the treasurers of this colony, or either of
them, to pay unto the honorable Andrew Johnston, Richard
Salter, esquires, Charles Read, John Stevens, William
Foster and Jacob Spicer, esquires, who are hereby
appointed commissioners on the part of New Jersey for
this purpose, or any three of them, out of any money in
their hands, which now is or hereafter shall be made
current for the service of the present war, such sum and
sums of money as they may find necessary to purchase the
right and claim of all or any of the Indian natives of
this colony, to and for the rise of the freeholders in
this colony, their heirs and assigns forever, so that,
the sum expended in the whole exceed not sixteen hundred
pounds, proclamation money, and that the sum expended in
the purchase of the claims of the Delaware Indians, now
inhabiting near Cranberry, and to the southward of
Raritan river, shall not exceed one half of, the said
sum: And the receipts of the said commissioners, or any
three of them, when produced, shall discharge them, the
said treasurers, or either of them, their executors and
administrators, for so much as they, or either of them,
shall pay out of the treasury y virtue of this act.
3. And whereas, the Indians south of Raritan river, have
represented their inclination to have part of the sum
allowed them laid out in land whereon they may settle
and raise their necessary subsistence: In order that
they may be gratified in that particular, and that they
may have always in their view a lasting monument of the
justice and tenderness of this colony towards them:
Be it enacted by the authority aforesaid, That the
commissioners aforesaid, or any three of them, with the
approbation and consent of his Excellency the governor,
or the governor or commander in chief for the time
being, shall purchase some convenient tract of land for
their settlement, and shall take a deed or deeds in the
name of his said Excellency or commander in chief of
this colony for the time being, and of the commissioners
and their heirs, in trust, for the use of the said
Indian natives who have or do reside in this colony,
south of Raritan, and their successors forever: Provided
nevertheless, That it shall not be in the power of the
said Indians, or their successors, or any part of them
to lease or sell to any person or persons any part
thereof. And if any person or persons, Indians excepted,
shall attempt to settle on the said tract or tracts, it
shall and may be lawful for any justice of the peace to
issue his warrant to remove any such person or persons
from the land. And if any person or persons Indians
excepted, shall fell, cut up, or cart off, any cedar,
pine or oak trees, such person or persons shall forfeit
and pay, for each tree so felled cut up or carted off,
the sum of forty shillings, to be recovered before any
justice of the peace in this colony, or other court
where the same is cognizable, one half to and for the
use of his Majesty, his heirs and successors to and for
the support of government of this colony, and the other
half to such persons as shall prosecute the same to
effect.6 |
In pursuance of this act, the commissioners did obtain releases
and grants from the Indians fully extinguishingi as is stated by
different authorities, their claims to all lands in the colony.
From the facts set forth above, nearly all of which are matters of
official record, it is apparent that the policy adopted and carried
out by this colony was just and honorable. Not only were all the
lands purchased from the native occupants, but in cases of
subsequent disputes and claims the wiser course of yielding in part
and buying out these claims was adopted. As a consequence, the
people of New Jersey, as a general rule, dwelt in peace and safety
when Indian wars were raging in the contiguous colonies.
1 Samuel smith, History of the Colony of Nova
Caesaria, or New Jersey (reprint), p. 22.
2 History of Delaware county, Pennsylvania.
3 Smith's History of New Jersey, p. 533.
4 Ibid., pp. 94, 95.
5 Laws of Colonial and State Governments in Regard
to Indian Affairs (1832),p. 133.
6 Laws of Colonial and State Governments in Regard
to Indian Affairs (1832), p. 135.
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or language of a particular period or place. These items are
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stereotypes implied
First annual Report of the Bureau of Ethnology,
1879-80
Indian
Land Cessions in the United States
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