Extract from an act, entitled “An act relative to the finances of this state, and the duties of the comptroller and the commissioners of the canal fund," passed April 26, 1831.

1831.

23. All laws authorizing the payment of any monies for New York, incidental expenses attending Indian affairs, are hereby repealed, and all annuities payable to Indians, shall hereafter be paid by such agents residing in the vicinity of the Indians entitled thereto, as shall be authorized for that purpose by the comptroller; and such agents shall receive such compensation. for their services, not exceeding one per cent. on the amount disbursed by them, as the comptroller shall allow; a sum not exceeding five hundred dollars in any one year may be drawn from the treasury by the person administering the government of this state, for incidental expenses in relation to Indian affairs, which sum shall be accounted for to the comptroller, with the vouchers for which it may be paid."

NEW JERSEY.-1703.

An Act for regulating the purchasing of land from the Indians.

Whereas, several ill disposed persons within this province, New Jersey, have formerly presumed to enter into treaties with the Indians 1703. 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 subvert her Majesty's dominions in this country:

Sec. 1. Be it therefore enacted by the Governor, Council, and General Assembly now met and assembled, and by authority of the same, That no person or persons whatsoever, 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 of the 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 hath 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

1703.

New Jersey, 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.

1757.

Sec. 3. And be it further enacted by the authority aforesaid, That all and every person and persons whatsoever, that have bought, taken gift of, or have purchased land in fee, or taken mortgages, or leases for life or number of years, of the Indians or natives, who is and are not entitled to such tract or tracts of land by virtue of a right or title to the same derived from the Crown of England, or from any person or persons elaiming by, from, or under the same, such gifts, purchases, mortgages, lease or leases, is and are hereby declared, and forever hereafter shall be taken, deemed, and esteemed, illegal, null and void; and such person or persons, their heirs and assigns, shall not be capable to hold plea for the same in any court of common law or equity, at any time hereafter, unless such person or persons claiming under such Indian gift, purchase, mortgage, or lease, shall, within the space of six months after the publication of this act, take out a grant or grants from the present proprietors, for the several tracts of lands so claimed by them respectively, on such conditions as shall be agreed upon with the proprietors.

1757,

An Act for regulating Indian affairs, and to prevent the setting of deer traps within the colony of New Jersey.

[This act, so far as it relates to Indian affairs, appears to have been made in pursuance of sundry articles mutually agreed on at a treaty held by commissioners empowered by this government, and the Indian inhabitants within the same, at Crosswicks, in the month called January, 1756. And enacted, 1st. That no person should give or sell to any Indian or Indians any strong liquors, whereby they might become intoxicated, or more than one quart of beer or cider, or half a gill of rum, or any other spirit in one day, to any one Indian, without an apparent necessity, under the penalty of twenty shillings; that on any bargain with an Indian, no part of the

consideration should be paid in liquors, except as above, the New Jersey, sale otherwise to be void, and the property not altered; and 157. that every pledge taken of an Indian for liquors, should be delivered up. 2. That every debt contracted by an Indian for strong drink should be held void; that it should not be lawful to imprison an Indian for debt, but the process against him should be by attachment to seize his goods, cloaths and hunting utensils excepted; and, on default of his appearance before the court or justice who issues the same, or judgment passing against him, so much of the goods should be ordered for sale as would satisfy such debt. 3. And, to prevent imposition and fraud, that no sale, conveyance, or lease of lands from any Indian or Indians should be held good, except previous thereto a certificate was signed by six Indian men, signifying that the Indian of Indians contracting were owners of the land; which certificate should be countersigned by a magistrate, who should also certify that the Indians were men grown, and sober, and that their certificate was signed in his presence. And, before the execution of the deed, the same was to be read and explained to the Indians by the governor, or one of his council, or one of the justices of the supreme court, who should endorse that the Indians understood the said deed, and had a reasonable price paid; and that they also saw the certificate of the six Indians under the hand of the justice; provided such title should not prejudice any one holding by title under the Crown. 4.

ommissioners were appointed to inquire into the claims of the Indians to lands in this colony, and to make report to the legislature. The act was limited to two years, and ordered to be read in every court of quarter sessions during that time. It is in Nevill's second volume, folio 125.]

1758.

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 co- 1758. lony to settle and establish a good agreement and understanding with 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 very great difficulty, expense and delay:

Sec. 1. Be it enacted by the Governor, Council, and Ge-neral Assembly, and it is hereby enacted by the authority of the same, That it shall and may be lawful to and for the trea

1758.

New Jersey, surers 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 use 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 southard 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, by virtue of this act.

2. 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 or tracts 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 saccessors, or any 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 such land. And if any person or persons, Indians excepted, shall fall, cut up, or cart off, any cedar, pine

or oak trees, such person or persons shall forfeit and pay, for New Jersey, each tree so fell, cut up or carted off, the sum of forty shil- 1758. lings, 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 person as shall prosecute the same to effect.

3. and 4. These sections authorized three lotteries to defray the expense of this purchase; the first to be drawn in October 1759, the second in 1760, and the third in 1761.

SEC. 5. Provided, That no conveyance to be made as above by the Indians shall prejudice any right they now have to hunt on any unenclosed lands, or fish in the rivers and bays of this colony.

SEC. 6. And be it enacted by the authority aforesaid, That so much of the money as shall be paid into the treasury, by virtue of the lotteries aforesaid, shall be sunk in lieu of the same sum to be deducted from the funds to be sunk in the year one thousand seven hundred and sixty-two.

SEC. 7. And be it further enacted by the authority aforesaid, That the lands to be purchased for the Indians as aforesaid shall not hereafter be subject to any tax; any law, usage or custom, to the contrary thereof in anywise notwitstanding.

[In pursuance of this act, the commissioners appointed, did obtain releases and grants from the Indians, fully extinguishing their claims to all lands in this colony. See the record of two releases in Lib. O of deeds, folios 401 and 464, in the Secretary's office in Burlington. They also purchased a large tract of land, containing three thousand and forty-four acres, in the township of Evesham, and county of Burlington called Edge Pillock, on which the Indian town, called Brothertown, containing a house of worship, and several small habitations are erected. The title deed is made to Governor Bernard and the rest of the commissioners; it bears date the twenty-ninth day of August, 1758, and is recorded at Burlington in the same book, folio 394. The act may be seen in Nevill's second vol. fol. 212.]

Revised Laws of New Jersey-published in 1821.

SEC. 69. And be it enacted by the authority aforesaid, That the court or justices, before whom any negro, Indian, or mulatto slave, shall be convicted of any offence not punishable with death, shall have authority to impose, instead of the punishment by this act prescribed such corporal punishment, not extending to life or limb, as such court or justices, in their discretion, shall direct.

18