tendency on the part of rulers to recognize the right of the ruled to choose their own religion and to worship God in accordance with their own religious views. In this Letters Patent there is also recognized the right of the people resident within the granted country to institute. courts and to make laws. The following is a copy of that instrument. "To All to whom these Presents shall come. I, Richard Nicholls, Esq; Governor under his Royal Highness the Duke of York, of all his Territories in America send Greeting. Whereas there is a certain Tract or Parcel of Land within this Government, lying and being near Sandy Point, upon the Main; which said parcel of Land hath been with my Consent and Approbation bought by some of the Inhabitants of Gravesend, upon Long-Island, of the Sachems, (chief Proprietors thereof) who before me have acknowledged to have received Satisfaction for the same, to the end the said Land may be planted, manured, and inhabited, and for divers other good Causes and Considerations, I have thought fit to give, confirm and grant, and by these Presents do give, confirm and grant unto William Goulding, Samuel Spicer, Richard Gibbons, Richard Stout, James Grover, John Bown, John Tilton, Nathaniel Silvester, William Reape, Walter Clark, Nicholas Davis, Obadiah Holmes, Patentees, and their Associates, their Heirs, Successors, and Assigns, all that Tract and Part of the main Land, beginning at a certain Place commonly called or known by the Name of Sandy Point, and so running along the Bay West North West, till it comes to the Mouth of the Raritans River, from thence going along the said River to the Westermost Part of the certain Marsh Land, which divides the River into two Parts, and from that Part to run in a direct South West Line into the Woods Twelve Miles, and then to turn away South East and by South, until it falls into the main Ocean; together with all Lands, Soils, Rivers, Creeks, Harbours, Mines, Minerals, (Royal Mines excepted) Quarries, Woods, Meadows, Pastures, Marshes, Waters, Lakes, Fishings, Hawkings, Huntings and Fowling, and all other Profits, Commodities, and Hereditaments to the said Lands and Premises belonging and appertaining, with their and every of their appurte nances and of every Part and Parcel thereof, TO HAVE AND TO HOLD, all and singular the said Lands, Hereditaments, and Premisses with their and every of their Appurtenaces hereby given and granted, or herein before mentioned to be given and granted to the only proper Use and Behoof of the said Patentees and their Associates, their Heirs, Successors and Assigns forever, upon such Terms and Conditions as

hereafter are expressed, that is to say, that the said Patentees, and their Associates, their Heirs or Assigns shall within the space of three Years, beginning from the Day of the Date hereof, manure and plant the aforesaid Land and Premisses, and settle there one Hundred Families at the least; in consideration whereof I do promise and grant that the said Patentees and their Associates, their Heirs, Successors and Assigns, shall enjoy the said Lands and Premisses, with their Appurtenances, for the Term of seven Years next to come after the Date of these Presents, free from Payments of any Rents, Customs, Excise, Tax or Levy whatsoever: But after the Expiration of the said Term of Seven Years, the Persons who shall be in the Possession thereof, shall pay after the same Rate, which others within this his Royal Highnesses Territories shall be obliged unto. And the said Patentees and their Associates, their Heirs, Successors and Assigns shall have free leave and liberty to erect and build their Towns and Villages in such Places, as they in their Discretions shall think most convenient, provided that they associate themselves, and that the Houses of their Towns and Villages, be not too far distant and scattering one from another; and also they make such Fortifications for their Defence against an enemy as may seem needful. And I do likewise grant unto the said Patentees, and their Associates their Heirs, Successors and Assigns, and unto any and all other Persons, who shall Plant and Inhabit in any of the Land aforesaid, that they shall have free Liberty of Conscience without any Molestation or Disturbance whatsoever in their way of Worship. And I do further grant unto the aforesaid Patentees, their Heirs, Successors and Assigns, that they shall have Liberty to elect by the Vote of the Major Part of the Inhabitants, five or seven other Persons of the ablest and discretest of the said Inhabitants or a greater Number of them (if the Patentees, their Heirs, Successors or Assigns shall see cause) to join with them, and they together, or the Major Part of them, shall have full Power and Authority to make such peculiar prudential Laws and Constitutions amongst the Inhabitants for the better and more orderly governing of them, as to them shall seem meet; provided they be not repugnant to the publick Laws of the Government; and they shall also have Liberty to try all Causes and Actions of Debt and Trespass arising amongst themselves, to the Value of Ten Pounds, without Appeal, but that they remit the hearing of all Criminal Matters to the Assizes of New York. And furthermore I do promise and grant unto the Patentees, and their Associates aforementioned, their Heirs, Suc

cessors and Assigns that they shall in all Things have equal privileges, Freedom and Immunities with any of his Majesty's Subjects within this Government, their Patentees and their Associates, their Heirs, Successors and Assigns rendering and paying such Duties and Acknowledgements as now are, or hereafter shall be constituted and established by the Laws of this Government, under the Obedience of his Royal Highness, his Heirs and Successors, provided they do no way infringe the Privileges above specified. Given under my Hand and Seal, at Fort James in New-York, on Manhatans-Island, the 8th Day of April in the 17th Year of the Reign of our Sovereign Lord Charles the Second, by the Grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, &c. and in the Year of our Lord God, 1665.

66 RICHARD NICHOLLS."

This deed seems to have been recorded or in some manner preserved in a public office, as, at its end is a memorandum that it is "entered in the office of record in New York the day and year above written." "Mattias Nicholls, Secretary."

The description of the country intended to be conveyed by this Letters Patent is indefinite and quite unsatisfactory. It begins at Sandy Point and runs northwest along the bay to the north of Raritan River. If by Sandy Point is meant what is now known as Sandy Hook, and probably that is the meaning, it will be difficult to reconcile the description with the actual facts. The course from Sandy Hook could not be northwest along the bay, but would run across the waters of what is now known as the Lower and Raritan Bays. But the general course of the shore of Lower and Raritan Bays, which are continuous, is northwest from the narrow tongue of land at the head of which is Sandy Hook. The second course is easily discernible; it is along the river undoubtedly until it strikes the union of the north and south branches; and the third and fourth courses are consistent with the state of things as they now exist. If this view of the description be correct, then it comprises the whole of Monmouth and Ocean and parts of the modern counties of Middlesex and Mercer.

This particularity in describing these various grants of land in New Jersey has been adopted for the purpose of showing with some certainty the origin of title to real estate in that province. In the early history of the country land was the only possession of the settlers; there were no manufactures; not much trade; most, if not all of it, consisted

in bartering the products of the soil for the absolute necessities of life. It was therefore of prime importance to the immigrants that their land should be assured to them by perfect titles.

The origin of these titles was fourfold: FIRST: That derived from the aborigines. At first blush, this would appear to be the very best, and it would seem from the care which Governor Nicholls and the Lords Proprietors took to secure the extinguishment of the aboriginal title, that they deemed it important that the land should be bought from the Indians. When Newark was settled by immigrants from Connecticut, although Governor Carteret, representing Berkeley and Carteret, claimed that their title was paramount, he recommended to the settlers that they should buy first from the Hackensacks, and aided them in making the purchase. His object undoubtedly was to secure any interest which that tribe might have in the land the new settlers purposed to оссиру. It is, perhaps, true that these negotiations with the Indians in which the governor took so prominent a part, were suggested and entered into with a desire to maintain friendly relations with the aborigines and to secure their good will. It cannot, however, be questioned that there was a strong determination on the part of the grantees of the Duke of York to extinguish whatever right the aboriginal owners of the soil might have. But in what did that right consist? What kind of an estate did they really possess in the land? Was it an estate in fee? Was it an estate of mere possession? Or what was it? They were here in possession in a certain manner when the Europeans first came, and had always so held it, so far as is known, and their right had never been disputed; there was, in fact, none to dispute it. But this possession had only been partial and was never continuous; they were nomads, wandering from place to place, obtaining their livelihood by hunting and fishing. They did, occasionally, settle in small villages, erecting their temporary lodges only for a time, the length of which depended upon their real or fancied needs; sometimes cultivating, in the rudest manner, a field here and there, raising scanty crops of maize and pumpkins. They were savages, barbarous, uncivilized, lawless, constantly at war, among themselves. Their possession never extended to the whole of the country; really only to a very small portion of it. Great forests, large tracts were never occupied. This was the title the aborigines had to land in North America. Undoubtedly they had some estate, and it was well enough for the Europeans to secure it, however slight it might be. They came here the

pioneers of civilization; they brought with them law, order, Christianity and all the elements for securing that civilization. The savage must yield to the new comers and either become amalgamated or give place to civilized man.

There was a very serious difficulty connected with these Indian titles, which could not be remedied. The evidence of any grant made by them was in the form of a deed executed by some few men supposed to be their chiefs. The land, if belonging to any of the aborigines, was owned by the whole tribe as tenants in common, and any conveyance which could be recognized as a legal one should be executed by the whole tribe, every man signing the deed. But this was impracticable, under the circumstances, so a few of them signed the deeds and made their marks. But the pertinent question might be put, by what authority did these few undertake to convey land which was owned by the whole body? It is not at all probable that there was any rule or law or custom of such controlling force as would enable a few to bind the whole tribe. In some instances, rare, it is true, but enough to show how uncertain these Indian deeds could be, the same land was conveyed to two or more grantees by different deeds executed by the same chief. There seemed to be a desire on the part of all Europeans who claimed any right in land in New Jersey, no matter how that right might arise, to extinguish the Indian titles. The Dutch, at first, did not appear to recognize the advisability of this plan, but took possession without acknowledging the right of the savages. But very early after their first settlement they changed their practice and purchased direct from the Indians. In this way several thousand acres of land in the northern part of Morris county were bought from Indian claimants. Whatever may have been the questions as to the titles of land in New Jersey between the Dutch, Governor Nicholls, the Lords Proprietors and the early settlers, every Jerseyman can claim this for the honor of those who first immigrated into the province; every acre of land within. the State was honestly bought and paid for; in no instance whatever was a foot of ground taken from the Indians without full compensation. to them.

The once powerful, although defeated and dispirited tribe of Indians, the Leni Lenape, became scattered in different parts of the United States, after the Revolution, upon reservations set apart for their occupancy by the general government. In 1832 a portion of them who had been settled in a new home on Green Bay, had been reduced to about