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forty individuals of whom a christianized, educated man named Shawuskehung, or Wilted Grass, but who was better known by the name of Bartholomew S. Calvin, the oldest chief in the tribe and schoolmaster of half a century, was sent by this small remnant to New Jersey to make application for a grant of money. The Indian claim was presented to a joint committee of the Legislature, by Samuel L. Southard, United States senator. The claim had no real legal grounds, but it addressed itself to the humanity of the committee. Mr. Southard, in presenting it, said this: "It was a proud fact in the history of New Jersey that every foot of her soil had been obtained from the Indians by fair and voluntary purchase and transfer, a fact that no other State in the Union, not even the land that bears the name of Penn, can boast of." The request was made for an appropriation of two thousand dollars, which was the sum named by the Indians, in consideration of which the Delawares offered to release any past claim they might have. Mr. Calvin sent a letter of thanks to the Legislature, in these words: Bartholomew S. Calvin takes this method to return his thanks to both Houses of the Legislature and especially to their committees for their very respectful attention to, and candid examination of the Indian claims which he was delegated to present."

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"The final act of official intercourse between the State of New Jersey and the Delaware Indians who once owned nearly the whole of its territory, has now been consummated, in a manner which must redound to the honor of this growing State and, in all human probability, to the prolongation of the existence of a wasted yet grateful people. Upon this parting occasion I feel it to be an incumbent duty to bear the feeble tribute of my praise to the high toned justice which in this instance, and, so far as I am acquainted, in all former time, has actuated the Councils of this commonwealth in dealing with the aboriginal inhabitants."

"Not a drop of our blood have you spilled in battle; not an acre of our land have you taken but by our consent. These facts speak for themselves, and need no comment. They place the character of New Jersey in bold relief, a bright example to this State within whose territorial limits our brethren still remain. Nothing save benisons can fall upon her from the lips of the Leni Lenappe."

"There may be some who would despise an Indian benediction but when I return to my people and make known to them the result of my mission, the ear of the great Sovereign of the Universe which is still

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open to our cry, will be penetrated with our invocation of blessings. upon the generous sons of New Jersey."

"To those gentlemen, members of the Legislature and others who have evinced their kindness to me, I cannot refrain from adding the unsolicited tribute of my heart-felt thanks. Unable to return them any other compensation, I fervently pray that God will have them in his holy keeping, will guide them in safety through vicissitudes of this life, and, ultimately, through the rich mercies of our Blessed Redeemer receive them into the glorious entertainment of his kingdom forever." When Governor Nicholls made grants, some of which were issued before Governor Carteret reached New Jersey and certainly before he had notice of Carteret's appointment, he insisted that his grantees should secure the Indian rights.

SECOND. The title acquired from the Dutch governors. This was more than questionable, and never was successfully set up, in any suit at law, in an English court, as a muniment of title for a plaintiff, or in defence by a defendant. The Dutch could give no title that could avail, so said the English; they had no estate in the land, not even the right of possession. They had a sort of possession, but it was that of trespassers, and they were liable to be evicted, at any time, and had been evicted by Sir Samuel Argal, and forced to acknowledge the paramount claim of his government.

But a still stronger argument was in the hands of British statesmen, which seemed unanswerable. Charles I, when informed of the action of the Dutch, made a complaint to the States General, through his ambassador at the Hague. The Holland government promptly disavowed, by a published statement, any claim, and declared that the possession of the colony of New Netherland was that of the West India Company of Amsterdam, a private corporation.

The right to any country by discovery was a governmental and not an individual affair, and when, therefore, this public disavowal was made by the Dutch through their state authorities, there was an end of the controversy. The claim of the English might not have been admitted in direct terms, but the States General, were certainly precluded from controverting it and the British government could fall back on their right to the country by discovery without fear of contradiction.

Notwithstanding these objections the Dutch title had some value and obtained largely in Bergen, in the northern part of Morris and in

the central eastern portion of the State. Whatever land is now held under it, where there has been no confirmation by the Lords Proprie. tors or their governors, can only be claimed by a title acquired by adverse possession. It is too late now to question the ownership, there has been an acquiescence for too long a time in the possession, by the claimaints of the legal title and a perfect estate in fee has been thus acquired. Some large grants of land made by the Dutch governor in New Jersey, notably those at what is now Hoboken, at Jersey City and in central parts of the State to Dutch settlers and others, have been confirmed by the grantees of the Duke of York. These grants were never considered safe by those to whom they were made, until they were so confirmed.

THIRD. The grants made by Governor Nicholls.

These played a very important part in the history of land titles in New Jersey. Their validity has already been somewhat discussed and their history related. They came in direct conflict with those made. under Berkeley and Carteret, and as will be seen hereafter, that conflict gave rise to a famous controversy in the Court of Chancery of New Jersey.

FOURTH. The grants made by the Lords Proprietors.

These are the foundation of all titles of any real value to real estate in New Jersey. They were, however, at one time, seriously questioned by the settlers in Newark and by the inhabitants of other places. The people of Newark insisted that they had bought their land directly from the Indians, who were the real owners of the soil; others who had become the grantees of Nicholls claimed that they had received title from him; that he was fully authorized to make those grants; that they had taken possession of their property under deeds from him; had improved it; and had a clear title which ought not be disputed. These controversies, however, between the Lords Proprietors and those who denied their right, arose when a demand was made for the payment of quit rent; and, of course, self interest lent strength to the objections.

Behind all titles to lands in New Jersey there was another, upon which, according to the international law of those days, all others must. depend. This was the one derived from the king of Great Britain, who claimed the whole, or nearly the whole of North America, by the right of discovery. All unoccupied land, or that only inhabited by roving savages, was claimed by the sovereign under whom the dis

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