THOMAS] NEW Jersey's policy toward the Indians 587 



Such being the principles of international law, as sanctioned before ami since our 

 revolution, such the municipal regulations of our general and State governments 

 since, and such the foundation to the domain of this State; no title derived from the 

 grant of any Indians, unless received immediately from our government, can be 

 recognized in our courts of justice so long as all title is vested in, and must emanate 

 from the United States, or a State, under whichsoever jurisdiction the land may bo a 

 part of its sovereignty. 



This is undoubtedly a correct statement of the law auil theory of the 

 TJuited States as already noticed, and is also applicable to Xew York 

 subsequent to the treaty of Fort Stanwix in 1708, but the facts as 

 given above, which might be greatly multiplied, do not indicate such 

 a regular, systematic, and just i^olicy prior to this date as that por- 

 trayed by Yates and jMoultou. 



NEW JERSEY 



It may be stated at the outset that, as a general rule, the policy 

 adopted by the proprietors aud settlers of the province of jSTew Jersey, 

 in dealing with the Indians in regard to their lands, was just and equi- 

 table, though passing, in the course of its history, under different gov- 

 ernments. Occasional injustice was done, and complaints were made by 

 the natives, but a disposition was generally manifested on the part of the 

 authorities to amend the error. During the contests between the Dutch 

 and the Swedes, it is probable that the rights of natives were not as 

 strictly observed as they should have been; nevertheless, the contend- 

 ing claims were all to some degree based on purchases or pretended 

 purchases from them. 



The Dutch, as has been shown in the section relating to Xew York, 

 usually purchased of the Indians the lands they wished to occupj'. 

 ^Vhether this rule was observed in taking possession in 1623 (or 1624:) 

 of the land on which Fort Nassau (near Gloucester) was built, does not 

 appear from any records examined. 



In 1027 (according to some authors, later according to others) the 

 Swedes made their appearance in this region, and soon thereafter pur- 

 chased of "some Indians (but whether of such as had the jiroper right to 

 convey is not said) the land from Cape Inlopen to the Falls of Dela- 

 ware, on both sides the river, which they called New-Swedeland stream; 

 and made presents to the Indian chiefs, to obtain peaceable possession 

 of the land so purchased." ' 



There is, however, considerable doubt as to the correctness of this 

 statement, as George Smith- asserts that the Swedes made no settle- 

 ments on the Delaware until after 1031. 



It appears that during the contest between the Dutch aud the Swedes, 

 each party decided to pursue the policy of obtaining additional grants 

 of lands from the Indians as the one most likely to strengthen its claim 

 upon the river. There is evidence that both parties conceded the 



' Samuel Smith, History of the Colony of Nova-Citsaria, or New- Jersey (reprint), p. 22. 

 'History of Delaware county, Pennsylvania. 



