The Lenni Lenape, or Delaware Indians — John Shaqi
The Lenni Lenape, or Delaware IndiansWalker, Edwin Robert
History
The Lenni Lenape, or Delaware Indians
Walker, Edwin Robert
Delaware Indians
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:
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