Following the passage of the Act of April 29, 1816, chapter 151, William Rector was elevated from Principal Deputy Surveyor to the position of Surveyor of the Public Lands of the United States (a.k.a. Surveyor General) in the territories of Missouri and Illinois. As such, he set about the task of engaging surveyors as his deputies to lay off and mark the public lands into townships, subdividing them into sections, while also delineating the confirmed private claims. Deputy Surveyors were contracted and detailed instructions were provided as to how the work was to proceed and the lines and corners were to be marked. The prevailing presumption of the Act of Congress was that the Deputy Surveyor under contract would personally perform the work and insure that the specifications had been met. This was not always the case, however, during the period from 1816 to 1823 of William Rector’s tenure as Surveyor General.
In some cases the contractor took responsibility for the fulfillment of the contract, but did not personally participate in the work. The contractor may have employed several crews or “companies” of workers and split the contracted work between them. Each crew typically included an “assistant surveyor,” two chain carriers, an axe man and a camp keeper. Depending upon the contractor, the rate for an “assistant surveyor” may range from 40 cents per mile to 50 cents per mile. Chain carriers might be paid as much as $25 per month, while the others may be paid from $15 to $20 per month. The contracted rate for the Deputy Surveyor was $3 per mile or part of a mile that was actually run and marked, not including random lines and offsets. The contractor fronted the money to provide the equipment and pay the expenses of the operation and the wages of those employed with the expectation of a profit at the successful completion of the contract.
This practice came under scrutiny in 1823 when William Rector was being considered for reappointment as Surveyor of the public lands in the states of Missouri and Illinois and the territory of Arkansas. U.S. Senator from Missouri, David Barton, took it upon himself to ensure that Rector was not reappointed by providing to the President of the United States information about this practice of “sub-contracting.”
Barton capitalized on a pending Chancery case in the St. Louis Circuit Court, James Trimble vs. Elias Barcroft and William Rector, to take depositions concerning this general practice of “sub-contracting.” James Trimble had served as a “sub-contractor” to Charles McPherson. McPherson, apparently, had died before Trimble was paid, so the object of the suit was to obtain the payment of wages that Trimble was owed. William Rector was named a defendant as the contracting agent of the United States Government and Elias Barcroft as McPherson’s administrator (720/3273A1, pages 271-281).
Richard T. Holliday stated in a deposition taken on July 18, 1823 that he had never had a surveying contract of his own, but that he had always surveyed as a “sub-deputy.” In the summer of 1821 he was employed as a sub-deputy surveyor by Thomas and Stephen Rector (both brothers of William Rector) at the rate of 50 cents per mile. He worked in Illinois on a contract involving 130 or 140 townships, of which he surveyed thirteen or fourteen townships. There were eight other sub-deputies working on the same contract under Thomas and Stephen Rector. Thomas Rector worked with the sub-deputies for a few days, but left the field before the work was completed. As far as Mr. Holliday knew, Stephen Rector did not go to the field to survey any part of his contract. In 1822 Mr. Holliday contracted with Whorton Rector (another brother of William Rector) to survey twenty townships for Elias Rector (also a brother of William Rector) at the rate of forty cents per mile. Elias Rector, who was the Postmaster in Saint Louis at the time, did not do any part of the work. Mr. Holliday further stated that in each case the field notes were taken in his own handwriting and that he returned them to the Surveyor General’s office. The contractor then signed the certificates of survey, certifying that the work was done in accordance with the instructions (720/3270B1, pages 234-236).
Daniel Miller stated in a deposition taken on July 18, 1823 that in 1822 and 1823 he had surveyed about nine hundred and eighty-one miles at the rate of 45 cents per mile and about nine hundred ninety-two miles at the rate of 50 cents per mile under the contract of Thomas C. Rector for forty townships. He also noted that Bartlett Simms performed the work for Elias Rector in 1820 for a contract of sixteen or seventeen townships. Surveyor General William Rector remarked to Miller that Bartlett Simms was a stout strong man, able to undergo fatigue, and that he was a good surveyor, having done much surveying for Colonel William H. Ashley (720/3270B4, pages 237-240).
Stephen W. Miles stated in a deposition taken on July 18, 1823 that in 1821 and 1822 he had surveyed about three hundred miles at the rate of 50 cents per mile under the contract of Henry W. Conway (a nephew of William Rector) for about seventy townships in Arkansas. At the same time there were five other companies at work under the same contract. Miles did not believe that Henry W. Conway had done any part of the work, because Conway was the Receiver of public monies in Arkansas at the time and was engaged with the sales of public lands. Miles recorded the field notes in his own handwriting, but did not sign the certificates of survey. In 1822 Miles surveyed part of a contract for forty townships in Arkansas for Henry W. Conway and James S. Conway (brother to Henry and nephew of William Rector). Under that contract there were three companies performing the work. Neither Henry nor James Conway were believed to have done any of the work, but they, nonetheless, signed the certificates of survey. Miles commented that at the time of his deposition a Mr. Rauls was surveying ten townships at the rate of forty dollars per month under the contract of Mr. January, the brother-in-law of William Rector. Mr. January had informed Miles that he was not acquainted with surveying and wanted to go with someone who understood it until he had learned enough to do it himself (720/3271A2, pages 241-244).
Edward Browne, a clerk in the Surveyor General’s office, stated in his deposition on July 18, 1823 that it had been a pretty general practice since and during the year 1819 to have the surveys of the public lands done by way of sub-contracts. The field notes were generally returned in the handwriting of the actual surveyor and the plats were certified by the original contractor. The contractor received payment for the work and the sub-contractor was scarcely ever known in the office. He listed the following contracts entered into in the year 1822:
40 townships Henry W. Conway & James S. Conway
40 townships Thomas C. Rector
20 townships Elias Rector
13 townships Stephen Rector
20 townships Whorton Rector
14 townships William S. Hamilton & Elias Rector, Jr.
13 townships Lucius & Thomas Thruston
10 townships Joseph Barton
13 townships Elias Barcroft
15 townships Enoch Steen
11 townships Angus L. Langham
10 townships William H. Ashley
5 townships John Jones
5 townships Samuel P. Browne
5 townships John L. Robertson
Browne noted that William S. Hamilton & Elias Rector, Jr. and John L. Robertson surveyed their contracts themselves and John Jones and Samuel P. Browne did part of theirs. All of the rest of the contracts were believed to have been surveyed by sub-contractors (720/3271A4, pages 245-246).
Benjamin Fort stated in a deposition taken on July 18, 1823 that he had been employed in Arkansas in 1815 and in Illinois in 1816. In both cases he acted as a hand for Thomas Cox from Illinois, the original contractor. In Illinois Cox ran all of the exterior lines except one township and left the balance for Fort to do, but Fort was unable to finish, because his chain was taken by Indians. In that employment Fort was paid forty dollars per month by Cox. In 1818 Fort worked as a hand under the contract of Joseph Barton, brother-in-law of William Rector. A Mr. Powell was in charge of the fieldwork, but hurt his foot, leaving Fort to finish most of the contracted work. He was paid twenty dollars per month by Joseph Barton. In 1818 or 1819 Fort was again employed by Joseph Barton at the rate of 25 dollars per month on a contract for nine townships up the Missouri River. Mr. Powell did the work, when he was able, and left the rest to Fort. Joseph Barton traveled to where the survey commenced and stayed a few days, but then returned home. Fort was later employed as a hand by Thomas C. Rector. In this instance a Mr. Rowland was in charge of the work. Fort then surveyed about eight townships in Illinois as a sub-deputy at the rate of 40 or 45 dollars per month for Stephen Rector. Next Fort surveyed twelve townships for Stephen Rector on the waters of the Lamine at the rate of 40 dollars per month. He did not believe that Stephen Rector had been on any part of the area surveyed at the time the work was being done. Fort also performed surveys for Elias Rector on the “Merrimack” at the rate of 50 cents per mile. In 1822 Fort surveyed eleven townships for Angus L. Langham at the rate of 40 cents per mile. Fort commented that he generally had four hands, but in the last two cases he had five hands to assist him. At one time he paid them 16 dollars per month and at another time he paid them 15 dollars per month (720/3271B1, pages 247-250).
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| "E. Rector D.S. assisted by Benjamin Fort D.S." Signature on Township plat for Township 35 North, Range 3 West of the Fifth Principal Meridian, dated July 15, 1823, under the contract of Elias Rector of the 18th of March 1821. |
Jonathan L. Bean stated in a deposition taken on July 18, 1823 that he had surveyed ten townships for Whorton Rector in 1822 at the rate of 40 cents per mile. He was accompanied by two chain carriers, an axe man and a camp keeper. These were paid from twelve to eighteen dollars per month. He noted that he was paid by the person for whom he surveyed and that the payment was partly in loan office certificates and partly in “specie” (i.e., coin money) (720/3271B3, pages 251-252).
George Thomas stated in a deposition taken on July 18, 1823 that he had surveyed thirteen townships for Elias Barcroft in 1822 at the rate of 50 cents per mile. He had contracted with and paid the hands himself and was reimbursed the expenses by Barcroft. Thomas made out the field notes in his own handwriting, signed them and returned them to the Surveyor General’s office. The plats were prepared by Edward Browne and David Deshler, clerks in the Surveyor General’s office, and were signed by Mr. Barcroft (720/3271B4, pages 253-255).
Joel Campbell stated in a deposition taken on July 19, 1823 that he had sub-contracted with Enoch Steen (brother-in-law of William Rector) in 1819 for the subdivision of townships in the Davidsonville district of Arkansas at the rate of 50 cents per mile. The chain carriers were paid 25 dollars per month and the other hands were paid 20 dollars per month. In 1822 he contracted with John C. Sullivan to finish a contract on the Eleven Point River. He paid half of the expense and shared half of the profits. He recorded the field notes in his own handwriting, signed them and delivered them to the Surveyor General’s office. He also prepared the plats, which were then signed by John C. Sullivan. In 1822 Campbell surveyed for Henry W. and James S. Conway in Arkansas at the rate of 50 cents per mile. As far as he knew, neither Henry W. nor James S. Conway surveyed any part of the contract. The chain carriers, axe man and camp keeper were paid by James S. Conway at the rate of 15 dollars per month (720/3272A3, pages 258-261).
Hugh White stated on August 13, 1823 that he had surveyed the contract of Elias Barcroft for four townships in the St. Louis district of Missouri in 1816 at the rate of 50 cents per mile, while Barcroft was a clerk in the Surveyor General’s office. He signed the field notes as a sub-deputy and they were certified by Barcroft (720/3268B2, pages 205-206).
Jeremiah Rice stated in a deposition taken on November 20, 1823 that he had been employed by Thomas Rector as a chain carrier in 1816 for surveys conducted in Missouri. Since he understood the business of surveying, Thomas Rector soon employed him to survey two townships at the rate of one dollar per day. In the summer of 1816 he was employed by Stephen Rector to finish some surveys in Missouri. Stephen Rector left for Kentucky and instructed him to see Surveyor General William Rector about getting an advance of money with which to carry on the work. When Rice applied for the money, William Rector informed him that the contract had been given to someone else. William Rector agreed, however, to give him ten townships in Illinois to survey for Stephen Rector, who knew nothing about the change, since he was in Kentucky at the time. Rice surveyed the contract for Stephen Rector at the rate of 50 cents per mile. He completed the work, made out and signed the plats and descriptions and returned the work to the Surveyor General’s office (720/3270A1, pages 227-231).
In a letter, dated April 20, 1824, Henry W. Conway made the following explanation about his role in the surveying process: “In the Spring of 1820 the President of the United States appointed me Receiver of Public money for the Arkansas Land District in the Territory of Arkansas ... I went to Arkansas to take charge of my office, but as no sale took place until September 1821, the office was not opened until that time. In February 1821, having nothing to do in my office, and there being no lands advertized for sale, I contracted with General Rector to survey a quantity of Public Lands in Arkansas and employed several persons to assist me in the work, viz., Thomas Mathers, John L. Robinson, James M. Harbinson, Sterling McNeal, and John R. Brown, each of whom I understood to have had considerable experience as deputy surveyors. I gave all but Mr. Brown fifty cents per mile for carrying the Compass and taking the field notes, to him [Brown] I paid Forty Dollars per month for his services. Three of the companies consisted of five men each, besides the surveyors, viz., Two chain-men, one Camp keeper, one axe-man, and a hunter. The other two companies were employed in a part of the country where a hunter could be of no service, and consisted of four men each, besides the surveyor. To each man employed I paid Twenty dollars per month. The assistant surveyors were at no expense as they were all bourn by me, and amounted to upwards of Nine Thousand Dollars. I superintended the work and was the most of my time actively engaged in the woods until July when I was taken sick, and was conveyed from the woods to my residence at Little Rock in a wagon, where I was confined until September. In September 1821 the first sale of Public Lands took place in Arkansas. I superintended the sale. My commission on monies received in 1821, on account of Public Lands, amounted to about forty-two dollars. After the Land sale closed in September I went to the woods and had my surveying finished. But previous to this and nie I was lying sick at Little Rock. I received information that Mr. Harbinson was taken sick and carried into the settlements, and that his company was idle. Knowing that Mr. Miles, who was one of his chain-men, was a good surveyor, I sent him instructions to take the compass and complete the work I had assigned Mr. Harbinson, which he did. When I left Arkansas for St. Louis to make my returns to the Office of the Surveyor General, I placed Mr. Thomas Mathers in my Office to transact the business in my absence, and gave him for his services my salary as Receiver of Public monies for the time he had charge of my office. I never absented myself from my office without leaving blanks signed and some confidential person to transact the business. In 1822 my commission on monies received for the Government amounted to about five dollars and in 1823 to about Twelve dollars” (720/3279A3, pages 366-369).
David Barton described those who worked under the contract of another and actually ran the lines and returned the field notes as “sub-contractors.” William Rector argued that those who carried the compass and took the field notes were “assistant surveyors.” The surveyors working under the contract of another often referred to themselves as “sub-deputies.” Perhaps it’s all just a quibble over the meaning of words, but the fact is that someone other than the person holding the contract may have actually done the work. In 1823 this was regarded as undesirable. In a letter dated October 6, 1823, General Land Office Commissioner George Graham directed William Rector to specify that the contractors should personally perform the work (720/3272B4, page 269). Thus, we can surmise that the practice of “sub-contracting” ended at that time.
All of this is rather interesting, intriguing even, but is there anything here from which we may benefit? As property boundary surveyors we are charged with following in the footsteps of the original surveyor and part of that task is knowing who it is that we are following. We must, therefore, be aware that surveys of the public lands in Missouri, Illinois and Arkansas during the period from 1816 to 1823 may not have been performed by the person holding the contract. In addition there may have been multiple persons working under the same contract. If we intend to try to pattern a particular surveyor or apply a chaining factor, it may be necessary to dig a little deeper into the available information to determine who actually surveyed the particular township in which we may be working. Otherwise, we may be trying to make a comparison between work that is not comparable.
Here are a few tips to consider, when trying to determine who actually performed the work:
1. Take note of the date of the contract and to whom it was given. This information is often noted within the first few pages of the volume of field notes as copied by the Missouri Secretary of State’s office (i.e., the field notes that you will usually receive from the Missouri State Land Survey).
If the date of the contract is between 1816 and 1823, you should be aware that someone other than the contractor may have actually done the work. As an example, in Volume 76B of the field notes of Missouri Public Surveys, following the indexes, but before the beginning of the field notes, there is a statement that indicates, “The Surveys described in this Volume were executed under the contract of William H. Ashley of the 5th of April 1821” (721/0433A11). The date of the contract is within the subject range and it was noted in testimony that Bartlett Simms had done much work for Ashley, so it is possible that someone other than William H. Ashley may have performed these surveys.
In addition, the identity of the contractor may be enough to indicate that someone else did the work. For instance, as we have seen from the testimony of eyewitnesses it may be safe to assume that neither Stephen Rector nor Joseph Barton actually performed any fieldwork in Missouri.
2. Look for a “signature” of the surveyor at the end of the subdivision of a township in the field notes. Following our previous example in Volume 76B of the field notes of Missouri Public Surveys, on page 123 at the conclusion of the subdivision of Township 34 North, Range 5 West appears the “signature” of “Wm H. Ashley, D. Surveyor” (721/0435A08). On page 158 of the same volume at the conclusion of the subdivision of Township 34 North, Range 6 West appears the notation, “Surveyed by Elisha Sims for Wm H. Ashley, D. Surveyor” (721/0435D08). So, it appears that William H. Ashley may have surveyed part of his contract and Elisha Sims did the rest.
3. If there is no “signature” following the subdivision of each township, look for a “signature” at the end of the volume of field notes.
4. Look at the “old” township plat, the one that was supposed to be prepared by the contractor, to see who signed it (for more information about the “old” township plats see the article, “See New Plat?”, Missouri Surveyor, September 2011, page 4, or click here). From the testimony given above, we see that the contractor usually signed the plat, but it may be worth a look anyway. The old township plat for Township 34 North, Range 5 West, dated January 1, 1822, is signed, “Surveyed by Elisha Sims for Wm H. Ashley, D. Surveyor.” So, maybe William H. Ashley didn’t survey the township after all!
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| "Surveyed by Elisha Sims for Wm H. Ashley, D. Surveyor" Signature on Township plat for Township 34 North, Range 5 West of the Fifth Principal Meridian, dated January 1, 1822, under contract of William H. Ashley of the 5th of April 1821 |
The interesting information for this article was gleaned from “Copies of Sundry Documents Relative to Transactions Between Surveyor General and General Land Office, 1813-1824" found on Missouri State Land Survey microfiche jackets 720/3254 - 720/3285.
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original composition by Steven E. Weible
