“Nephews,
You may remember all that passed at this council-fire. The governors who sit there have put you in mind of what was agreed upon last year: They both put you in mind of this promise, and desire you will perform it: You have promised it, and must perform it. We your uncles promised to return the prisoners. We your uncles, have promised to return all the English prisoners among us, and therefore we expect that you our cousins and nephews will do the same. As soon as you come home, we desire that you will search carefully in your towns for all the prisoners among you that have been taken out of every province, and cause them to be delivered up to your brethren. You know that it is an article of this peace that was made between you and your brethren: In conformity of which you received a large peace belt; of which belt we desire you to give an account, and let us know what is become of it, and how far you have proceeded in it.”
After this was interpreted in the Delaware language, it was observed that there were no Minisink Indians present; the governors therefore desired that Mr. Peters and Mr. Read would procure a meeting of the chiefs of the united nations, Delawares and Minisinks, and cause the speech of Tagashata to be interpreted to the Minisinks in the presence of their uncles.
A word about the title to lands in New Jersey will be of interest. After the English conquest of New Netherlands in 1664, King Charles II granted to his brother James, Duke of York, afterwards James II, certain territory including New Jersey; and the Duke of York, in the same year granted New Jersey to Lord John Berkeley and Sir George Carteret, in recognition of, and in reward for, valiant services performed by those noblemen for the unfortunate Charles I, father of the Duke. It is certainly unfortunate for anyone to have his head chopped off or be otherwise executed, and it is in that sense alone I use the word “unfortunate” with reference to the perfidious King. The tribunal that tried Charles I pronounced him a traitor, murderer and public enemy. And I agree entirely with the declaration of that illustrious martyr to liberty. Colonel Algernon Sidney, who, speaking of the execution of Charles I, said it was the “justest and bravest action that was ever done in England or anywhere else.”
Lord Berkeley granted and conveyed his undivided one-half interest in New Jersey to John Fenwick, who conveyed the same to William Penn, Gawn Lawry and Nicholas Lucas, but in which Edward Byllynge claimed to have an equitable interest by reason of matters that are immaterial to this story. In this situation and on July 1, 1676, Sir George Carteret, William Penn, Gawn Lawry, Nicholas Lucas and Edward Byllynge, five persons, made the famous quintipartite deed dividing the province into East and West Jersey, whereby Sir George Carteret became the owner in severalty of East Jersey, and Penn, Lawry and Lucas of West Jersey, subject to the same trust for Byllynge as the same was subject (not disclosing what it was).
William Penn acquired this interest in New Jersey before he obtained any in Pennsylvania, and several years before he visited America the first time. Sir George Carteret, owner of East Jersey, pledged himself to purchase lands from the Indians from time to time as required by the settlers; and Penn, the dominant owner of West Jersey, found the practice of acquiring title from the Indians an old and established custom, and followed it. In 1682 the legislature passed an act in which it was provided that no person should buy lands from the Indians without a written authorization of the Province, the grant to be to the proprietors who would reimburse the purchasers. In practice, however, the deeds always appear to have been made to the purchaser, who bought of the proprietors on presentation of the deeds to them. The actual title to the soil was derived from the King of England who claimed it by right of discovery and conquest. The Indian title was a possessory one, that of an occupant only, and was not of the fee, and “fee” means the absolute ownership. Taking deeds from the Indians, therefore, was a sort of buying one’s peace in the possession and occupancy of the soil in which the grantee had the fee. The Indians had no ownership in “severalty,” which means that they did not own lots or tracts whereon they dwelt themselves or which were in possession of their tenants, but the ownership of the land, such as it was, was common to the tribe.
Perhaps you would be interested in knowing the contents of an Indian deed. I shall insert one in this paper. It appears by recital and covenant in it that the Indian grantors claimed that they were the only true, sole and proper owners of the land conveyed. The deed was made by certain Indian sachems to certain of the council of proprietors of West Jersey. It is recorded in Liber AAA of Deeds in the office of the secretary of state, at page 434, etc., and is taken from the record verbatim et literatum, as follows:
“To all person to whome these presents shall Come we Caponohkamhcon Chekanthakainan Kelelaman Hokontoman all Indian Sachemas and the onely sole and proper owners of the tract of Land hereafter described and by these presents bargained and sould send Greetings Know ye that we the said Indian Sachemas for and in consideration of fivety fathom of Wampum thirty blew matchcotes thirty Red mattchcotes Eight inglish cotes twenty white blankets twenty stroudwaters thirty shirts fourty pare of Sotckings twenty one Kettles Tenn Gunns Twenty Hoes Twenty Hatchets fivety knives thirty Tobacko Boxes thirty Tobacko tongs thirty Lookeing glasses one Pound of Read Lead one rundlett of Gun Powder fourty barrs of Lead one pound of Beads one hundred tobacco pipes five hundred fishookes five hundred Needles one hundred and fivety awles sixty flints twnety paire of Scissors and fiveteen Gallons of Rum to us in hand paid by Mahlon Stacy Samuell Jennnigs Thomas Gardiner George Deacon Christopher Wetherell John Wills John Hugg Jun Isaac Sharp and John Reading all of them members of the Councill of Proprietors for the time being within the westerne division of the Province of New Jersey The Receipt of all which said goods above mentioned We the said Sachemas doe hereby acknowledge and therewith to be fully contented satisfied and paid have granted bargained and sold aliened Enfoeffed Released and confirmed and by these presents doe fully freely and absolutely Grant Bargaine and sell Alyene enfoeffe Release and confirme unto the said Mahlon Stacy Samuell Jennings Thomas Gardiner George Deacon Christopher Wetherill John Wills John Hugg Isaac Sharpe and John Reading and to ther heires and Assignes forever all that tract or parcell of Land Situate above the falls of Delawar and lying and being within the Westerne division of the province of New Jersey aforesaid being Limited and bounded in manner following That is to say Begining at the River Dellawar at the mouth of a westarne brooke called Laokolong as from thence along the old Indian purchase line which was formerly made by Adlord Bowde to the white oake tree standing by the side of an Indian Road Leading from Arhelomonsing unto Neshaning or Coponockons wigwam and so from the said corner along by A line of marked trees North and by East or thereabouts along by the bounds of Hoyhams land untill it meet with a branch of Rariton River called Neshaning and so down the same unto the mouth of a brooke or Runn called Peescutchola and so along the Northermost branch of the same along by the bounds of Nymhainmans alias Squahikkons land unto an Indian Towne called Toquemenching and from thence along the Indian Road Leading to Sheroppees plantation called Asinkoweerkong North and by west or thereabouts by trees markt along the road and from Sheroppees plantation along a line of marked trees North west and by North to a runn on the back side of Ohoeming and so downe the same untill it empties it selfe into a branch of Rariatn River called Caponanlong and so up the said brooke by the bounds of aquatoons land untill it devides it selfe into two branches and soe from the said forks by a line of marked trees south west and west south west by the land of Chekanshakaman untill it meet with a brooke called the upper Neshasakowerk and soe downe the same to the mouth thereof emptieing it selfe into Dellawar river and so downe the said River to the mouth of Loakolong being the place of first beginning togeather with all and Singular the Mines Minerals Woods Waters Fowleings Fishings Huntings and all other Royalties franchises powers profitts Commodities Hereditaments and appurtenances whatsoever to the said tract of land belonging or in any wise appertaining and all estate Right title interest use possession propertie Claime and demand whatsoever of us the said Indian sachamas of in and to the said granted land and premisses and every part thereof with apurtenances full and free liberty at all times hereafter soe the above said Indian Sacchamas our heires successors and Subjects to hunt fish and fowle uppon the unimproved land within the above described tract of land Alwayes excepted Reserved and foreprised To have and to hold the above described tract of land and granted premisses and every part thereof with the appurtenances unto the said Mahlon Stacy Samuell Jennings Thomas Gardiner George Deacon Christopher Whetherell John Wills John Hugg Isaac Sharpe and John Reading there heires and assignes forever to the onely proper use and behoofe of themselves and the rest of the english proprietors within the said westerne division of the Province aforesaid who have subscribed and are concerned in and shall contribute their respective proportions towards this present purchasers to their severall and respective heires and assignes forever more And We the said Indian Sachemas for ourselves our heires and successors severally and respectively doe covenant promise and grant with the said English proprietors above mentioned and their heires and assignes severally and respectively by these presents that we are the onely true sole and proper owners of the abovesaid tract of land and granted premisses and now have good right full power lawfull and absolute authority to grant bargains and sell the same in manner abovesaid and also that the same premisses is and are free & cleare of and from all and all other former Gifts Grants Bargaine Sales and all other incumbrances whatsoever made done or at any time preceeding this date committed or suffered by us the above Indian Sachemas or by any others whatsoever with or by our Consent knowledge or procurement and we the said Indian Sachemas for ourselves our heirs and successors severally and respectively all the above described tract of land and granted premisses with every part thereof with the appurtenances unto the said english Proprietors and their heires and assignes severally and respecitvely against us the said Indian Sachemas and our heires and successors severally and respectively and against all other Indian or Indians whatsoever Claimeing or pretending to Claime any right Title or interest of in or to the same shall and will warrant and forever defend by these presents in witness whereof We have hereunto fixed our hands and seales this eleaventh day of November Anno Dom 1703:
| Coponakonkikon: | X | his marke (L. S.). |
| Hurkanntaman: | X | his marke (L. S.) |
| Chekanshakaman: | X | his marke (L. S.). |
| Kelalaman: | X | his marke (L. S.).” |
Each nation had its boundaries, the lands within which were subdivided between the tribes. These boundaries were generally marked by mountains, rivers and lakes, and encroachments on their lands by neighboring tribes were resented as a sort of poaching on their hunting and fishing domains. There were, however, Indian paths which were common highways through the territory of the various tribes, which, later, in numerous instances, were widened into public roads, many of which exist unto this day. The Indians freely traveled by these paths from the ocean to the interior, especially to the ancient council fires at Easton, Pennsylvania.