THE STATE OF NEW JERSEY

v.

WILSON

Marsharll, Ch. Justice,

delivered the opinion of the • MCo'qyt aS follows ;

rnu. * „ ... liHS is a writ of error to a. judgment rendered ih the Court of last re which the Plaintiffs secured to them by. m the state of New Jersey, By allege they are deprived of a right the constitution of the United State», The'case appears to be this.

:The remiiáirt of tlje tribe of Delaware Indians, previous to the 20 them until some time in the year 1801; when, hating 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 res-, pecting the.privilegs 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 re-' pealing that section of the act of August, 1758, which exempts the lands therein mentioned from taxes. The lands were then assessed, and the taxes demanded. The Plaintiffs thinking themselvs injured by this assessment, broüght the case before the Courts in the manner prescribed by the laws of Mew Jersey, and in the highest Court of the state, the validity of the repealing act was affirmed and the land declared liable to taxation. The cause is brought into this Court by writ of error, and the question, here to be decided , is, does the act of 1804 violate the constitution of the United States.

The constitution of the United States declares that no state shall «pass any bill of attainder, eoc postfacto law, or law impairing the obligation of contracts.”

In the case of Fletcher v. Peck, it was decided in this Court on solemn argument and much deliberation, that this provision of the constitution'extends to contracts to which a state is a party,' as well as to contracts between individuals. The question then is narrowed to; the enquiry whether in the case stated, a contract existed and. whether that contract is violqtedby theactóf 18Q4.

Every requisite to the formation of acontract is'found in the proceedings between the-then colony off New-Jersey and the Indians. The subject was a purchase on the part of. the government of extensive claims . of the Indians, the extinguishment of which would quiet the title to a .large' portion df,the: province. A proposition to this effect fe jnade, the teyms stipulated, the consideration agreed upon, which is a tract of land with the privilege of exemption from taxation, and then in consideration of the arrangement previously made, one of which this act of assembly is.stated to be, the Indians execute their deed of cession. This is certainly a tract clothed in forms of unusual solemnity. The privilege, though for the benefit of the Indians, is annexed, by the terms which create it, to the land itself, not to their persons* It is for their advantage that it should ,be annexed to the land, because, in the event of a sale, on which alone the question could become material, the value woiild be enhanced by it.

It is not doubted but that the state of New Jersey might have insisted on a surrender of this privilege as the sole condition on which a sale of the property should be allowed. But this condition has not been, insisted on. The land has been sold, with the assent of the state, with ail its privileges and immunities, The purchaser' succeeds, with the assent of the state, to all the rights of the Indians. He stands, with respect to this land, in their place and claims the benefit of their contract. This contract is certainly impaired .by a law which would annul this essential part of it.

Judgment of the Court.'

Tliis'causte came on to be heard on the transcript of the record of the writ of error of the state of'New Jersey, and was argued by counsel on the part of the Plaintiffs in error: on consideration whereof, it is the opinion of the Court, that there is error in the judgment of the said Court of errors in this, that the judgment of the said Court is founded on an act passed by the legislature of the state of New Jersey, in December, IS04, entitled. “An act to repeal part of an act respecting lands purchased for the Indianswhich act, in the opinion of this Court, is fepugnant to ‘the constitution of the United States, in as much as it impairs the obligation of a contract, and is, on that account, void. It is therefore considered by the Court, that the said judgment be reversed, and annulled, and that the cause be remanded to the sqid Court of errors, that judgment may be rendered therein annulling the assessment in the proceedings mentioned, so far as the same may res-' pect the land in tibe said proceedings also mentioned.