in the acres formerly by way of head-lands, the governor and majority of the council gave a warrant to the furveyor general or his deputies, to furvey and lay out the fame; next the furveyor is to certify the furvey, upon which the governor and councill make a grant in the form following, "The lords proprietors of Nova-Cæfarea, or "New-Jersey, do hereby grant to A. B. of "province aforefaid, a plantation containing "English measure, to him or her, to his or her heirs or "affigns for ever; yielding and paying yearly unto the "faid lord proprietors, their heirs or affigns, every 25th "day of March, according to the English account, one "half-penny, lawful money of England, for every one "of faid acres; to be holden as of the mannor of Eaft"Greenwich in free and common foccage, the first pay"ment of quit-rents to begin the 25th Given under "the feal of the province, the-day of—in the year "of our Lord-figned by the governor and a majo"rity of the council. N. B. One half part of the "mines of gold and filver are referved; and if in three years, the conditions ftipulated are not fulfilled, the grant to be void." We may obferve, that there are three forts of proprietors in the Jerfies. 1. The general proprietors. 2. Purchasers under the general proprietors. 3. Claimers under patents for head-lands from the general proprietors on quit-rent. A DIGRESSION Concerning Indian deeds, and proprietors quit-rents in the plantations. be In our plantations the cafe of perfons holding lands by Indian deeds only, without the approbation of the crown, or of the refpective legislatures who may deemed to have the exclufive prerogatives of granting the right of pre-emption to fubjects; as alfo the affair of paying quit-rents to the crown, or to general proprietors grantees of the crown, as a matter of confiderable T 2 concern, concern, seems to require a digreffion article: as the colony of New-Jerfies is the most noted for these disputes, * we shall here give the incidents of claims by Indian deeds only, in Elizabeth township. In both Jerfies feveral poffeffions and claims of land are founded upon Indian deeds only; the Indian Elizabeth-town grant is the most noted, and has been the moft vexatious, formerly containing upwards of 400,000 acres of the most valuable lands in New-Jersey, bounded by Raritan river, Amboy-Sound, Arthur Cul-Bay, and Paffaick river; Daniel Pierce, and affociates, purchased one half of thefe lands for 80 1. fterl. and laid out the townships of Woodbridge and Pifcataway, for which they foon after obtained fufficient patents from the rightful proprietors under the crown, at one half-penny per ann. quit-rent, and peaceably enjoy the fame to this day. The first Indian grant of these lands was to Augustin Herman, a Dutchman, in 1651; upon the Dutch furrender to the crown of England, he relinquished these lands, and therefore they escheated to that crown as derelicts, and confequently could not be conveyed again by the Indians to any perfon or community. Notwithstanding of this, fix perfons with their affociates, September 26, 1664, petitioned governor Nichols for liberty to purchase of the Indians, and fettle certain * Where the peace and tranquility of a country or colony cannot be maintained by the civil power, which it feems to have happened at fundry times in the Jerfies, a military force is abfolutely requifite. Some young regiment, instead of being in courfe difbanded in GreatBritain or Ireland, may be sent to the feditious colony, they will soon quell the rioters, and when the spirit of mutiny is drove out, the regiment may be disbanded in the colony; they will contribute towards peopling the colony; and moreover, as being used to a regular and proper fubmiffion to authority, by their example, they will teach the fame to the people of the colony. Thus the regiment of Carignan fome years fince was fent over from France to Canada, and disbanded there; thus in the time of the government of lord Colpepper, a regiment was fent from England to Virginia, to quell the riots under Bacon, and afterwards diffolved there. tracts tracts of land upon Arthur Cul-Bay, which he granted September 30, 1664; accordingly thefe affociates made a purchase from the Indians, October 28 following, in the name of John Bailey, Daniel Denton, Luke Watson," of Long-Island, husbandmen, and their affociates, of a tract of land bounded as above: the confideration was, paying to the Indians 20 fathoms of trading cloth, two made coats, 2 guns, 2 hatchets, 10 bars of lead, 20 handfuls of gun-powder; and after one year's expiration, the remainder of the purchase was 400 fathoms of white wampum (value 201. fterl.) or 200 fathoms of black wampum: in confequence of this, governor Nichols granted to these affociates a patent for faid lands, with a liberty to purchase further of the Indians fo far as SnakeHill, dated December 2, 1664. That the reader may have some conception of the difpute concerning the property and quit-rents of these lands, between the proprietors who hold of the crown, and of the people who hold by fuppofed Indian purchases, which has occafioned much disturbance in this government; we shall make the following obfervations. 1. Nichols, lieutenant governor of New-Jersey for the duke of York, being informed of the duke's affignment to lord Berkley and Sir George Carteret, fufpecting that he would foon be fuperfeded by a lieutenant governor of their own appointment, and perhaps for other confiderations, September 30, 1664, gave licence to certain perfons (as is above related) to purchase lands of the Indians, which they did October 25; and 3d of December following, Nichols gave them a patent for the fame, fubjected to certain quit-rents. This patent, though pofterior to the aforefaid affignment, was conform to his inftructions, and before any proper notice received of that affignment, † and therefore in equity alledged to be good, especially T 3 + The difpute concerning the equivalent lands called the Oblong, made over by the colony of Connecticut to the province of New York, between affociates who had a grant of them from the king in coun especially confidering, 2. That Philip Carteret, Efq; lieutenant governor for the affignees, did foon after his entering upon the government of the Jerfies, (he entered August 1665,) as it is faid, under hand and feal gave licence to a company of fundry perfons to purchase of the Indians within his government what quantity or lands they fhould think convenient; and accordingly, as the Elizabeth men say, their ancestors with advice and confent of faid governor, made fundry purchases of the Indians. 3. Governor Carteret for his own ufe purchased fome of these Indian grant rights, particularly that of Bailey, May 21, 1666; only four families were fettled at Elizabeth-town (afterwards fo called) before governor Carteret's arrival; Carteret died governor of the Eaft-Jersey, Nov. 1682; during his government the provincial general affemblies, the council, the fuperior or fupreme courts of judicature, and general offices of the government were kept at Elizabeth-town, which was fo called by the name of Elizabeth, wife of Sir George Carteret; it was the first English fettlement, and the most ancient town of the province. Moreover, the proprietors who hold by Indian grants, fay, as a precedent, although the courts at law in the Jerfies, May 14, 1695, gave judginent of ejectment in favour of James Fullerton, who held under the general proprietors, against Jeffrey Jones, who held by the Indian grants; Jones upon his appeal to the king in council, the judgment was reverfed and fet afide February 25, 1696: the general proprietors fay, that the judgment was reverfed only becaufe of fome errors in the proceedings. A petition or complaint of Elizabeth-town Indian grant proprietors, was read before the king in council, July 19, 1744, reprefenting the hardships they fuftained from the general proprietors. 1. That gene cil, and affociates who had, conform to inftructions, a grant of them from the governor and council of New York, is of this nature, but hitherto not determined. See vol. II. p. 232. rally rally the council and judges are interested in the general proprietors fide of the question, and are therefore become judges in their own cause. 2. By act of affembly they have procured part of the county of Somerfet, who are mostly of the general proprietors fide, to be annexed to the county of Effex, where the lands of the Indian grant proprietors generally lay, for the fake of having juries in their intereft. 3. For a fixpenny damage, we are fometimes brought in for two or three hundred pounds proclamation money costs; and we are daily threatened with great pretended damages and heavy costs: therefore they pray, that the king would take them under his immediate protection, and either determine the affair in your majefty's most honourable privy council, or appoint difinterested commiffioners out of fome of the neighbouring colonies, and by a jury from thence also to be taken, to hear and finally decide in faid cafe; or that your majefty would be graciously pleased to appoint commiffioners, to hear, enquire into, and determine faid controverfy; or grant fuch relief as to your majefty may feem meet. This was referred to the committee of council for plantation affairs. Auguft 21, 1744, this committee refer the petition to the lords commiffioners for trade and plantations, to report to the committee, what they conceive proper for his majefty to do therein. The board of trade and plantations report to the faid committee of privy council, &c. &c. &c. The character of a fummary obliges us to stop; and only further to obferve, that this affair hitherto is not iffued. In answer, the general proprietors reprefent to the board of trade and plantations, 1. That they humbly conceive, the complaint is not fent from the whole body, or from any confiderable number of inhabitants there, but from a few factious and mutinous people impatient of any government. 2. The rioters pretend a fole right in the Indians, but no right in the king and his grantees, with a defign to deprive the proprietors of their. I 4 right |