The State of New Jersey v. Wilson
| Decision Date | 03 March 1812 |
| Citation | 11 U.S. 164,7 Cranch 164,3 L.Ed. 303 |
| Parties | THE STATE OF NEW JERSEY v. WILSON |
| Court | U.S. Supreme Court |
This is a writ of error to a judgment rendered in the Court of last resort in the state of New Jersey, by which the Plaintiffs allege are deprived of a right secured to them by the constitution of the United States.
The case appears to be this.
The remnant of the tribe of Delaware Indians, previous to the 20th February, 1758, had claims to a considerable portion of lands in New Jersey, to extinguish which became an object with the government and proprietors under the conveyance from King Charles 2d, to the Duke of York. For this purpose a convention was held in February, 1758, between the Indians and commissioners appointed by the government of New Jersey; at which the Indians agreed to specify particularly the lands which they claimed; release their claim to all others; and to appoint certain chiefs to treat with commissioners on the part of the government for the final extinguishment of their whole claim.
On the 9th of August, 1758, the Indian deputies met the commissioners and delivered to them a proposition reduced to writing—the basis of which was, that the government should purchase a tract of land on which they might reside—in consideration of which they would release their claim to all other lands in New Jersey south of the river Rariton.
This proposition appears to have been assented to by the commissioners; and the legislature on the 12th of August, 1758, passed an act to give effect to this agreement.
This act, among other provisions, authorizes the purchase of lands for the Indians, restrains them from granting leases or making sales, and enacts 'that the lands to be purchased for the Indians aforesaid shall not hereafter be subject to any tax, any law usage or custom to the contrary thereof, in any wise notwithstanding.'
In virtue of this act, the convention with the Indians was executed. Lands were purchased and conveyed to trustees for their use, and the Indians released their claim to the south part of New Jersey.
The Indians continued in peaceable possession of the lands thus conveyed to them until some time in the year 1801, when, having become desirous of migrating from the state of New Jersey, and of joining their brethren at Stockbridge, in the state of New York, they applied for, and obtained an act of the legislature of New Jersey, authorizing a sale of their land in that state.
This act contains no expression in any manner respecting the privilege of exemption from taxation which was annexed to those lands by the act, under which they were purchased and settled on the Indians.
In 1803, the commissioners under the last recited act sold and conveyed the lands to the Plaintiffs, George Painter and others.
In October, 1804, the legislature passed an act repealing that section of the act of August, 1758,...
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