entitled "Governors in America," covering the period from 1743 to 1763; and 5 volumes entitled "America," from 1620 to 1762;—in all of which it is probable some documents will be found relating to the history of New Jersey. So that there are 17 volumes, the contents of which refer exclusively to New Jersey, and will require to be enumerated in full, and 40 more to be examined, in order to ascertain what portions of their contents refer to New Jersey.

In the second series, or Board of Trade Papers, the New Jersey documents are in 38 volumes;-11 of these contain original papers received from the Provincial authorities and others, from 1702 to 1775; 6 volumes, entitled "Entries," contain official communications to the authorities of the Province; and the remain. ing 21 volumes contain the official copies of the Laws and Minutes of the Council and Assembly, from 1703 to 1774. These last may not require any particular examination, unless it be to ascertain if any existing break in the records of the laws or minutes at Trenton can be filled; but the contents of the 17 volumes will require specific enumeration. In this series, however, there are 60 volumes referring to "Plantations General,"--covering years from 1638 to 1782-and 39 volumes called "Proprieties," covering years from 1662 to 1776--and these 99 volumes should be examined in order to note such documents as may refer to New Jersey.

The result, therefore, of this enumeration is, that, in the preparation of a proper Analytical Index, there are 34 volumes, the entire contents of which will require to be noticed, and 139 vol. umes, exclusive of the 21 volumes of laws, &c., that will require careful examination.

In reference to the expense, Mr. Brodhead writes :--" From the best information I can obtain, the cost of the clerical work of making the desired index will average something like a guinea a volume for each volume the contents of which are to be noted in full-with respect to the others, as the labor of research will be nearly the same, though the number of documents to be noted will be less, the remuneration will have to be made according to the time employed. Supposing the 21 volumes of Laws, Acts, &c., to be noted in full, therefore, we may estimate the clerical expenses at 55 guineas for the volumes of "New Jersey Papers" and for the 139 remaining volumes, the necessary work may performed for, perhaps, 20 guineas. Making due allow contingencies, it appears to me that one hundred guineas hundred dollars, will amply meet all the necessary cl penses of the whole work."

There would be of course other, though trifling, expenditures connected with the matter which should be covered by the ap. propriation; and the propriety of making it sufficiently large to cover the expense of documents existing in the State Department of New York, is respectfully suggested. The union of the two prov inces under the same government at different periods, caused many documents, referring in whole or in part to New Jersey, to be incorporated with the New York papers.

You are already aware, sir, from my previous communications, of the difficulties which attend the obtainment of permission to examine the documents in the English Archives: even admission to the apartments cannot be had except by order of one of the Secretaries of State, and the permission is always interpreted in the most restricted sense; consequently the services of some gentleman connected with the State Paper Office becomes necessary.

The most feasible plan to effect the object would be, probably, to pay the amount appropriated into the hands of three or more judicious citizens, as Commissioners or Trustees, to be authorized to prosecute the matter to a successful issue in such a manner as their judgment might dictate.

The present appears to be an auspicious time to carry out the project to completion, and your influence is respectfully solicited in its behalf. I have the honor to remain

Your obedient servant,

W. A. WHITFHEAD, Cor. Sec'y. The Hon. DANIEL HAINES, Governor of the State of N. J., &c.

LETTER FROM DAVID OGDEN "to the several persons claiming under the Indian Purchases called the Mountain, Horseneck, and Van Gieson Purchases "--from a scarce pamphlet in the Philadelphia Library.

Presented by David A. Hayes, Esq.

NEWARK, February 20th, 1767. GENTLEMEN:-As the dispute between the General Proprietors of East New Jersey, and you, relating to the Title to the Lands included within the bounds of the three Indian Purchases, called

the Mountain.

and larges

eneck and Van Gieson's, has long subsisted oney have been expended by both the Parir claim; and as the same Dispute has been d, and determined in favor of the General rato together disinterested, and mutually

chosen by both Parties; and as some of the Persons claiming under said Indian Purchases, and more especially one of their com mittee have of late endeavored to raise a Party further to contend for said lands; and I being persuaded that such contention cannot. avail them, but will tend to utter Ruin of many, (altho' one or some few who receive the Collections of the money may be benefitted), to prevent which, and that those interested in the dispute may know the true state of their case, I have very briefly stated some of the Facts and Matters given in evidence before the Arbitrators, with some Observations thereon. And,

1. As it is an undoubted maxim in the Law that all Lands held by English Subjects, must be by Title derived from the Crown of England; in support of that maxim several adjudged cases in the Law Books, were read to the said Arbitrators.

2. The Indian Purchasers being conscious of the truth of that maxim, and of the Law in that case, did, in their Bills in Chanc ery, and before the said Arbitrators, set up their title under the Crown, in Virtue of a pretended copy of a Licence from Sir G. Carteret, to purchase Lands of the Indians, in the Hand-writing of one Dr. Jacob Arents, lately deceas'd in the words of the following, to wit

"Province of New Jersey, ss. You, Mr. Obadiah Bruen, Mr. Samuel Ketchall, Micah Tompkins, John Brown, Robert Dennison, and Company, have Liberty to purchase from the Indians within this Government, what Quantity of Lands you shall think convenient: Beginning by the Bay, thence Westward, or in any other place in this Province, to take up in the right of Sir

and Sir

my honored Masters, and make Returns; and for so doing this shall be your Warrant. Given under my hand and Seal this Eleventh day of July, Anno Domini, 1666. PH. CARTERET."

Altho' many objections can very justly be made against the said License being genuine, yet I shall now omit them, and pass to the Licence as it is worded, and see if it can pass any color of Title to those who made said Indian Purchases, in and after the year 1701, about 35 years after said Licence.

1st. The Licence is to five persons by name and their company; and none of the Purchasers of the Lands in dispute were of these five Persons named, or of their Company; but other Companies who joined about 35 years afterwards in the Purchases they made of the Indians; and not one of the Deeds mentions that the Pur chases were made under that of any other Licence,

2dly. The Licence farther is that the said five Persons and their Company should have liberty to purchase from the Indians what Quantity of Lands they should think convenient, beginning by the Bay, thence westward, or in any other place in New Jersey; And it appears by the Records of New Jersey, that the said five Persons and their Company, did in that same year 1666, partly agree with the Indians, and in 1667, completed their agreement with them; and took their Deed for a Tract of Land beginning at, and lying Westward of the Bay: And also at another place, extending near six miles to the north of the Bay, containing upwards of Twenty thousand acres of Land; which is well known and not disputed by any.

From whence it may be justly observed, Ist. That whatever Power was given by said Licence to said five persons and their Company, the same was by them fully executed, in that and the next Year following, in their purchasing the Lands now called Newark, where they settled, and for which they took patents from the General Proprietors of New Jersey.

2dly. That said Licence was only to said five persons, and their Company, and not to their Heirs or Assigns; wherefore the power (if any there was given) was not descendable or assignable to others, and removes all Pretence of others, purchasing under said Licence, in 1701, and afterwards; and more especially those of Van Gieson and Horseneck Purchases, as Van Gieson and others concerned with him, were not of said Company, or any of the Descendants, and as none of the nine purchasers named in the Horseneck purchase, were of said Company nor their Descend-' ants, and not more than one of them ever lived within the bounds of Newark, and the others of them lived in different Towns, in New Jersey and in New York.

3dly. By said Licence it plainly appears, that the Licence was not to give a title to the Lands, purchased of the Indians, but that the same should be taken up in the Right of the Lords Proprietors, Governor Carteret's Honoured Masters, and the Purchasers to make Returns of the Lands they should take up.

4thly. Long before said Indian purchases were made, in, and soon after 1701, Lord Berkeley, Sir George Carteret and Gov. ernor Carteret were all dead, and the Right to the Soil of New Jersey, was by several purchases vested in the twenty-four proprietors; wherefore all the Powers that could pass by said Licence were thereby determined and ceased.

5thly. Governor Philip Carteret, at the time of the date of said Licence, was not interested himself in those Lands; but the

Title was vested in Lord Berkeley and Sir George Carteret who, in 1664, drew up a set of Concessions for the Constitution of New Jersey, among which one was, that all lands in New Jersey, should be held under them, by patent from their Governor and Council, at the annual rent of one Half penny per acre; and that the same should be surveyed, returned, and entered on the public records of the Province, and appointed Philip Carteret their Governor, strictly limiting him to carry said Concessions into Execution; which Concessions and Commission were published in New Jer sey, and entered on the publick Records there, and recognized in many instances by the General Assembly of New Jersey, and were well known by the inhabitants of Newark long before said Indian purchases in 1701, and afterwards.

Wherefore, it is evident, that if Governor Carteret, had granted a Licence to purchase, importing a Grant to hold the Lands; yet, as he was not interested in the Lands himself, and had not power to make any Grant, contrary to the Concessions, the Licence must be void and of none Effect. And as the Indian purchasers in 1701, and afterwards, were acquainted with said Concession, and Commission to Governor Carteret, they are destitute of all Colour of Pretence, to claim under a Licence from Governor Carteret, (if any such they had) contrary to the Constitution of New Jer sey. Neither have they any Right or Title in Law or Equity, to claim under Indian Purchases: as by the Concessions of the Lords Proprietors, all Indian Purchases were to be in the names of the General Proprietors; and by the Acts of the Legislature of New Jersey, in 1683, and afterwards, it was made criminal to purchase and take Deeds of the Indians for Lands in any other manner; and that all purchases and Deeds made and taken, were otherwise absolutely null and void.

I now appeal to your Committee, and those present at the hear ing before the said Arbitrators, for the Truth of the above Short, but general State of the chief points insisted on by your Counsel, Attorney, and your Committee in support of your Title to said Lands in dispute; from whence I conceive it is abundantly clear and evident that you cannot have the least pretence of claim to the King's Title, which you, by your three several Bills in Chancery, and since, held to be necessary to give a title, against the assigns of the Crown; and if so, can a spirit of Opposition of one, or a very few of your number, against the Title of the General Proprietors, regularly derived from the Crown of England, be any Ways justifiable, after the many indulgences you have received? You well know that in and for some years after the year 1744,