Inspiration for Today

"This is the day the Lord has made;

let us rejoice and be glad in it."

(Psalms 118:24 NIV)

Rejoice! Rejoice! and again I say Rejoice!

Rejoice! Rejoice! and again I say Rejoice!

Rejoice in the Lord always and again I say Rejoice!

Rejoice in the Lord always and again I say Rejoice!

" ... at the name of Jesus every knee should bow,

in heaven and on earth and under the earth,

and every tongue confess that Jesus Christ is Lord"!

(Philippians 2:10-11 NIV)

"Give thanks to the Lord, for he is good;

his love endures forever."

(Psalms 118:29 NIV)

Upper Louisiana in Transition

“The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States; and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.” (Article III of the Treaty Between the United States of America and the French Republic, dated April 30, 1803, U.S. Statutes at Large, Vol. 8, pg 200.)

Spain had agreed with France on October 1, 1800 to transfer the Province of Louisiana back to the French Republic and had formalized the arrangement by treaty on March 21, 1801. France attempted at that time to send an army to take possession of the province, but an English blockade kept its ships in port and unable to depart. France was, therefore, unable to take actual possession of the province until November 30, 1803, seven months after selling it to the United States (Stoddard, pg 102; Houck, Vol. 2, pg 356).

The French representative at New Orleans transferred possession of Lower Louisiana to representatives of the United States, William C. C. Claiborne, Governor of the Mississippi Territory, and General James Wilkinson, on December 20, 1803 (Annals of Congress, 8th Congress, Appendix, pg 1229). To save himself the time and expense of travel to St. Louis for the transfer of Upper Louisiana from Spain to the French Republic and from the French Republic to the United States, the French representative commissioned Captain Amos Stoddard of the U.S. Army Corps of Artillerists to serve as agent for the French Republic.  Captain Stoddard received possession of Upper Louisiana on behalf of the French Republic on March 9, 1804.  He then transferred possession from the French Republic to the United States on March 10, 1804 (Stoddard, pg 102-103; Houck, Vol. 2, pg 356-362).

In order to provide a temporary form of government in accordance with the act of October 31, 1803, chapter 1, An Act to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris, on the thirtieth of April last; and for the temporary government thereof (U.S. Statutes at Large, Vol. 2, pg 245), Captain Stoddard was directed by the Secretary of War to exercise the functions of civil commandant for Upper Louisiana (Stoddard, pg 103; Territorial Papers, Vol. 13, pg 8). Congress followed up by passing the act of March 26, 1804, chapter 38, An Act erecting Louisiana into two territories, and providing for the temporary government thereof (U.S. Statutes at Large, Vol. 2, pg 283) to take effect on October 1, 1804. This act separated the former Spanish Province of Louisiana into a territory and a district divided by the thirty-third degree of north latitude. The area south of the dividing line was designated the territory of Orleans and was set up with a territorial government. The area to the north of the dividing line was designated the district of Louisiana and was placed under the administration of the Indiana Territory.

In a proclamation, dated October 1, 1804, William Henry Harrison, Governor of the Indiana Territory, announced the division of the district of Louisiana into five districts for administrative purposes. Those districts were designated the district of St. Charles with its seat of justice at the village of St. Charles, the district of St. Louis with its seat of justice at the town of St. Louis, the district of Sainte Genevieve with its seat of justice at the town of Sainte Genevieve, the district of Cape Girardeau with its seat of justice to be determined and the district of New Madrid with its seat of justice at the town of New Madrid (Territorial Papers, Vol. 13, pg 51).

The district of Louisiana was upgraded to the Territory of Louisiana and a territorial government was authorized by the act of March 3, 1805, chapter 31, An Act further providing for the government of the district of Louisiana (U.S. Statutes at Large, Vol. 2, pg 331). General James Wilkinson of Maryland was appointed Governor of the Territory of Louisiana on March 11, 1805 and commenced his duties on July 4, 1805 (Territorial Papers, Vol. 13, pg 98).

When the inhabitants of the Province of Louisiana had first become aware that there would be a change in the government, they began to anticipate a rise in the value of real property. Those who were eligible for grants of land had hastened to petition for them. Those who held a general concession and had not yet selected a location had made an earnest effort to make a selection. Those in need of boundary surveys had tried to procure them. And those who saw opportunities for gain had tried to develop speculative schemes. This high volume of activity leading up to the actual transfer of possession caused the United States government to become very suspicious of attempts to fraudulently acquire lands (Stoddard, pg 253-254).

The primary suspicion of fraud was the dating of concessions and surveys prior to their actual date, referred to as “ante-dating.” Since the recognized date for the transfer of the Province of Louisiana from Spain to France was October 1, 1800, the United States did not want to recognize any grant or concession from Spain that had originated after that date. Section 14 of the act of March 26, 1804, therefore, declared any such grant or concession null and void.  It was desirable, however, to protect the bona fide rights of actual settlers, if the settlement had been made prior to December 20, 1803, the date on which the United States took possession of Lower Louisiana.  A bona fide grant of land was limited to “one mile square of land, together with such other and further quantity as heretofore hath been allowed for the wife and family of such actual settler, agreeably to the laws, usages and customs of the Spanish government.” This section also made it unlawful for any person to attempt a new settlement on or to make a boundary survey of the lands of the United States within the limits of the former Province of Louisiana.

The confirmation of land claims was a matter of great concern and anticipation for the inhabitants of Upper Louisiana, but, unfortunately, the process would not be quick and it would not be simple. Congress eventually took the first steps in that direction by passing the act of March 2, 1805, chapter 26, An act for ascertaining and adjusting the titles and claims to land, within the territory of Orleans, and the district of Louisiana (U. S. Statutes at Large, Vol. 2, pg 324).

Section 1:  Claims to land were to be confirmed for persons actually inhabiting and cultivating the land before October 1, 1800, if they had obtained a “duly registered warrant, or order of survey for lands” from the French or Spanish government as appropriate. In other words, the appropriate authority had conceded a tract of land to the claimant and had directed a survey to be made. The claimant must be the head of a family or over the age of 21 and must have fulfilled the terms and conditions of the grant.

Section 2:  A tract of land not exceeding “one mile square, together with such other and further quantity, as heretofore has been allowed for the wife and family of such actual settler, agreeably to the laws, usages and customs of the Spanish government” was to be granted to every person who was either the head of a household or over the age of 21 and who had made an actual settlement before December 20, 1803 with the permission of the proper Spanish officer. Also included were Spanish or French grants that had been completed before October 1, 1800 and on which there had been actual inhabitation and cultivation prior to December 20, 1803. This section did not apply to those who claimed any other tract of land by virtue of a French or Spanish grant.

Sections 3 and 4:  A recorder of land titles for the district of Louisiana was to be appointed by the President of the United States and was to begin his duties by September 1, 1805. Every person claiming lands by virtue of a French or Spanish grant was to file a notice in writing and a plat of survey with the recorder of land titles before March 1, 1806 along with all available written evidence of his claim.

This plat of survey of 606 Arpents made for Andrew Baker is an example
of what would have been filed by a claimant with the Recorder of
Land Titles along with other written evidence of a claim.
Note that the text is in French, even though the
concession was made by the Spanish Government.
The tract was conceded on September 1, 1799,
the survey was performed on November 24, 1799
and the certificate was made out on December 5, 1799.
The tract adjoins Big River and is located 25 miles west of Sainte Genevieve
(between present day Bonne Terre and Desloge in St. Francois County).
(Courtesy of the Missouri State Archives, Missouri Digital Heritage)

This plat of survey of 600 Arpents made for Stephen Byrd is another
example of what would have been filed by a claimant with the Recorder
of Land Titles along with other written evidence of a claim.
Note that the text is in French, even though the
concession was made by the Spanish Government.
The tract was conceded on January 5, 1798,
the survey was performed December 2, 1799
and the certificate was made out on January 5, 1800.
The tract is located 12 miles northwest of Cape Girardeau.
(Courtesy of the Missouri State Land Survey)

Section 5:  The President was to appoint two people to serve as commissioners along with the recorder of land titles for the district of Louisiana to examine those claims to land that would be filed with the recorder of land titles. This Board of Commissioners was to commence its work on or before December 1, 1805 and was to have the power to conduct a hearing on each claim and render a decision in a summary manner, according to justice and equity. The commissioners were not authorized to recognize or decide upon any grant or incomplete title, bearing a date subsequent to October 1, 1800. They were not to adjourn before March 1, 1806, the deadline for filing claims and written evidence, and they were to continue until the work was completed. Upon completion of the work, they were to submit transcripts of the claims that were approved and a report of those claims that were rejected. The transcripts and reports were ultimately to be presented to Congress for review and confirmation.

Section 6:  In addition, the Secretary of the Treasury was authorized to employ an agent for the purpose of appearing before the Board of Commissioners on behalf of the United States. The agent was to investigate the claims to land and oppose all claims that appeared fraudulent or unfounded. He was also to investigate claims to lead mines and present the evidence to the Board of Commissioners, who were to prepare a report to be submitted to the Secretary of the Treasury and ultimately to Congress. The Board of Commissioners was also authorized to employ a translator of the Spanish and French languages to assist them.

James Lowry Donaldson, a young lawyer from Maryland, was appointed recorder of land titles in May 1805. He was to commence his duties at St. Louis on September 1, 1805, but his arrival was delayed until mid-September due to travel difficulties and illness on the way (Territorial Papers, Vol. 13, pg 111, 124, 218).

John Baptiste Charles Lucas, originally from France (Marshall, Vol. 1, pg 97), but at that time living in Pennsylvania, was appointed a Judge of the Territory of Louisiana on March 12, 1805 (Territorial Papers, Vol. 13, pg 100). He was reluctant, however, to accept the appointment, because he considered the salary inadequate and the expense of moving to the Territory considerable. He, therefore, delayed in accepting the appointment of Judge with the hope that he might also be appointed as one of the commissioners for ascertaining and adjusting the titles and claims to land. Subsequently, he was appointed a commissioner on May 1, 1805 and he accepted both appointments (Territorial Papers, Vol. 13, pg 122, 123, 130). He arrived in St. Louis in mid-August 1805 (Territorial Papers, Vol. 13, pg 189).

Clement Biddle Penrose of Pennsylvania (Marshall, Vol. 1, pg 97), nephew to Governor James Wilkinson, was appointed to the remaining position of commissioner for ascertaining and adjusting the titles and claims to land in the Territory of Louisiana on May 1, 1805 (Territorial Papers, Vol. 13, pg 122).

William C. Carr, a young lawyer who had moved to Sainte Genevieve a few years before, was appointed by the Secretary of the Treasury to represent the United States as agent before the board of commissioners (Territorial Papers, Vol. 13, pg 161, 186). 

Since William C. Carr was resident in the territory at the time of his appointment, he had a good feel for the sentiment of the inhabitants at that time. His comments to the U.S. Attorney General, John Breckinridge, in a letter, dated October 14, 1805, foreshadowed the challenges that lay ahead for the Board of Commissioners. Carr noted that the act passed for ascertaining and adjusting the titles and claims to land was regarded by the French inhabitants as extremely rigorous, if not incompatible with the Treaty between the United States and France. The act limited the classes of claims that could be confirmed and left many classes of claims unaddressed. He also noted that St. Louis as the meeting place for the Board of Commissioners was not a central location and that it presented a hardship for the claimants in the southern settlements, such as New Madrid. The distance and the expense would make it difficult for claimants to comply with the requirements of the act (Territorial Papers, Vol. 13, pg 237).

At last all appeared to be in place to begin the process of examining claims to land. The laws had been passed. The necessary personnel had been selected. The task lay ahead. And already there was trouble on the horizon.


SOURCES

Houck, Louis, A History of Missouri From the Earliest Explorations and Settlements Until the Admission of the State into the Union, 1908

Marshall, Thomas Maitland, The Life and Papers of Frederick Bates, Missouri Historical Society, 1926

Stoddard, Major Amos, Sketches, Historical and Descriptive, of Louisiana, 1812

The Territorial Papers of the United States, compiled by Clarence Edwin Carter, 1948

U. S. Statutes as Large


----------------------------------------
original composition by Steven E. Weible

Missouri Attorney General Opinion Letter No. 69, May 18, 1971

Transcriber's note: The following opinion letter was found in the archives and does not appear to be available through the website of the Missouri Attorney General's Office. The opinion expressed in regard to the question posed is not so much of interest as are the references to court cases regarding railroad rights-of-way and the principles of accretion and avulsion.

**************************************************************************

Offices of the

Attorney General of Missouri

Jefferson City

John C. Danforth

Attorney General

May 18, 1971

OPINION LETTER NO. 69

Mr. Joseph Jaeger, Jr.
Director of Parks
Missouri State Park Board
P. O. Box 176
Jefferson City, Missouri 65101

Dear Mr. Jaeger:

     You have requested my opinion as to the true ownership of accreted land formed along the bank of the Missouri River in St. Charles County fronting land held by the Missouri State Park Board as the site of the First Missouri State Capitol.

     We have examined the three deeds by which the State of Missouri and the Park Board claim ownership of the land in question. They are herewith summarized:

     (1) Elbert Haenssler and Mona Lou Haenssler
     to the State of Missouri; Warranty Deed of
     December 31, 1960, recorded January 4, 1961
     at Book 354, Page 579; A lot in Block 13, City
     of St. Charles, fronting 23 feet on Main Street
     on western end of lot and 23.5 feet on Missouri,
     Kansas and Texas Railway right of way on eastern
     end of lot. (Hereafter referred to as Lot 1)

     (2) City of St. Charles to Missouri State Park
     Board; Warranty Deed of March 20, 1962, re-
     corded May 31, 1962 at Book 374, Page 600; A
     lot in Block 13, City of St. Charles, fronting
     25.60 feet on Main Street on western end of
     lot and 25.69 feet on right of way line of
     Missouri, Kansas and Texas Railroad on eastern
     end of lot. (Hereafter referred to as Lot 2)

     (3) St. Charles County Historical Society to
     Missouri State Park Borad; Warranty Deed of
     October 26, 1965, recorded same date at Book
     439, Page 601; Lot in Block 13, City of St.
     Charles, fronting 101.9 feet on alley on western
     end of lot and eastern end fronting on right
     of way of Missouri, Kansas and Texas Railway
     Company from Haenssler lot (Lot 1) north to
     Madison Street. (Hereafter referred to as Lot 3)

     According to the survey of Robert L. Elgin, Registered Land Surveyor, concluded on June 17, 1969, the State of Missouri and the Missouri State Park Board through these deeds own land fronting approximately 150 feet north to south on the railroad right of way. Mr. Elgin notes on his survey map that the eastern line of the property was established by a plat showing right of way of Missouri, Kansas and Texas Railway on property in Block 13, City of St. Charles dated November 25, 1892, with revisions to correspond with the condemnation, Central Missouri Railway Company v. Bernard Feuerstein of September 7, 1888, entered in Book W, Page 101 of the St. Charles County Circuit Court Records.

     We have also examined the abstract of title to Lot 3, certified by the Emmons Abtract Company to October 18, 1965. According to this abstract the eastern boundary of Lot 3 up to the year 1888 was the Missouri River. The abstract reflects a conveyance on September 6, 1888, recorded on February 1, 1893, Book 58, Page 293 from Bernard and Victoria Feuerstein to the Cleveland, St. Louis and Kansas City Railway Company of a strip of land 100 feet in width on the eastern edge of the north 77 feet of present Lot 3 "for the purpose of right of way for a Railroad and for no other purpose." The only other reference in the abstract to the manner of creation of the railroad right of way is a warranty deed from Louisa Heye to Bernard Feuerstein on June 14, 1892, recorded June 15, 1892 at Book 59, Page 45, conveying a lot that included the south 29 feet of present Lot 3. This deed recites that the eastern boundary of the conveyance was the "ground sold by grantor for railroad purposes and now occupied by the Missouri, Kansas and Eastern Railway Company."

     Conveyances subsequent to the year 1888 affecting Lot 3 have uniformly called to the railroad right of way for the eastern boundary of Lot 3.

     Railroad companies exercising the power of eminent domain are limited to the taking of easements only (Article I, Section 26, Constitution of Missouri, 1945; Article II, Section 21, Constitution of Missouri, 1875). Although such companies may purchase a fee interest in land through voluntary sale, we do not believe the acquisition of "right of ways" on the eastern edge of Lot 3 was for any greater interest than an easement (Schuermann Enterprises, Inc. v. St. Louis County, 436 S.W.2d 666 (Mo. 1969)). Therefore, the underlying fee remained in the railroad company's grantors and has passed by mesne conveyances to the Missouri State Park Board (American Steel & Wire Co. v. City of St. Louis, 190 S.W.2d 919 (Mo. 1945)). As riparian owners on a navigable stream, the holders of the fee would be entitled to all additions to the land formed by gradual and imperceptible action of the river, otherwise known as accretion (Bixby v. Backues, 144 S.W.2d 112, 114 (Mo. 1940)). They would not be entitled to additions formed through sudden action of the river, otherwise known as avulsion, most typically represented by the abandoned channel upon a sudden change in the course of the river (Cooley v. Golden, 23 S.W. 100, 107 (Mo. banc 1893)).

     You attached to your letter requesting our opinion a letter dated February 17, 1969, from Colonel R. L. Anderson, Jr., District Engineer, Kansas City District, Corps of Engineers. Colonel Anderson states that in 1940 construction on two Missouri River dikes was commenced, one adjacent to St. Charles, and one downriver of the St. Charles highway bridge. He further states that these dikes were repaired and raised in ensuing years, and that "in 1952 two additional dikes were constructed to maintain the accretion."

     "Certainly if the area which constituted the

     chute was the main channel and was caused to

     fill up gradually because of the building of

     the revetments by the Army Engineers, it did

     not suddenly change its course. Whether or

     not the river changes its channel gradually

     or suddenly as the result of the engineering

     efforts of man, does not affect property

     rights or the line between the states. If

     the channel of the river was caused to move

     slowly because of the revetments, the property

     lines would follow it. If it was caused to

     move suddenly, they would not follow it."

     (Duke v. Durfee, 215 F.Supp. 901, 907 (W.D.

     Mo. 1961); Rev'd 308 F.2d 209 (8th Cir. 1962);

     Aff'd 375 U.S. 106, 11 L.Ed.2d 186 (1963))

     It would appear from the statement of Colonel Anderson that the land added to the left bank of the Missouri River opposite Block 13 in the City of St. Charles was caused by accretion, and not avulsion. Assuming this to be the fact, we are of the opinion that this added land adjacent to what we herein refer to as Lot 3 now belongs to the Missouri State Park Board.

     Although we have seen no abstract of title for Lots 1 and 2, we would surmise from the statement of Robert Elgin on his survey map that the railroad only acquired right of way easements across these lots as well and under those circumstances, our views of ownership of the land formed in the river opposite these lots would be the same.

Yours very truly,

JOHN C. DANFORTH
Attorney General


-------------------------------
transcribed by Steven E. Weible

Grants of Land in Upper Louisiana

When the French and Indian War in North America concluded in 1763, the French were defeated.  No longer could they lay claim to that vast territory encompassing the watershed of the Mississippi River and its tributaries, known as the Province of Louisiana.  By a secret treaty with Spain in November 1762 France had relinquished to Spain all of Louisiana west of the Mississippi River, including the island and city of New Orleans.  Peace with Great Britain was concluded in February 1763 and, as a result of that treaty, Great Britain took control of Canada and that part of Louisiana east of the Mississippi River (Stoddard, pages 71, 138).

The area that now forms the state of Missouri was included in that part of the province known as Upper Louisiana.  The inhabitants of Upper Louisiana under the French had tended to focus their efforts on hunting, trapping, trading with the Indians and searching for mineral wealth, lead in particular, not giving much attention to agriculture (Stoddard, pages 211, 254).  In contrast, the Spanish found it necessary to promote agriculture as a way to increase the population, thereby forming a barrier to the British in Canada (Stoddard, page 249).  As a result, the government of Spain adopted a policy of granting lands that would encourage the settlement of the territory by those willing to make improvements and cultivate the land.  Inhabitants from the United States with families and great means were particularly encouraged, because of their sentiment against the English (ASP:PL, Vol. 6, pg 712).

Regulations for granting land, dated February 18, 1770, were issued by Alexander O’Reilly, the first Spanish governor over Louisiana.  These regulations were more applicable to Lower Louisiana, however, and were, generally, not applied in Upper Louisiana.

The instructions for granting lands that were most applicable to Upper Louisiana were issued September 9, 1797 by Governor Manuel Gayoso de Lemos.  Those instructions stipulated that a new settler must be married in order to qualify for a grant of land.  He was allowed a grant of 200 arpents (equivalent to about 170 acres) with an additional 50 arpents (about 42.5 acres) for each child and 20 arpents (about 17 acres) for each Negro that he brought with him.  The total amount of the grant was not to exceed 800 arpents (about 680 acres).  It was reasoned that if the settler had such a number of Negroes as to amount to a greater quantity of land than 800 arpents by the above formula, then he had the means to purchase more land, if he wanted it (ASP:PL, Vol. 4, pg 3, No. 418).

Unmarried settlers were required to be productively employed for four years and artisans were required to practice their profession for three years, before being allowed a grant of land.  Traders were not allowed a grant of land, since they lived in the towns and, generally, did not pursue agricultural activities.

The new settler was required to establish himself within one year of receiving his grant and to have under cultivation 10 arpents for every 100 arpents by the third year.  He was not allowed to sell his lands until he had produced three crops on one tenth of the grant.

Although Governor Gayoso’s instructions limited a grant of land to 800 arpents, those who were given the authority to concede grants of land had the discretion to exceed that amount.  Since the objective was to increase the population, grants of land were made to advance that objective.  Those petitioners who had the means and ability to put more land into production were granted accordingly larger tracts (Stoddard, page 251).  Larger tracts were also granted to accommodate the particular purpose for which the land was petitioned (ASP:PL, Vol. 6, pg 712).  In addition, the Spanish government did not provide salaries to its provincial officers or other persons providing service to the government, so that when compensation was requested, it was delivered in the form of a grant of land rather than in money (Stoddard, page 257).

To obtain a grant of land in Upper Louisiana the settler submitted a petition to the lieutenant governor or local commandant, asking for a definite quantity of land (ASP:PL, Vol. 1, pg 177, No. 99).  The petition may be for a general concession or a special concession.  A general concession (also referred to as a floating concession) allowed the petitioner to select the desired quantity of land anywhere within the King’s domain, so long as it did not interfere with any existing legitimate claim.  Such a concession was common when a petitioner wanted the tract for a particular purpose and needed to search for a location that was suited to that purpose.  A special concession granted a specific tract of land, usually described by calling out the landowners bounding on each side, as well as, any prominent features that would aid in identifying the location (Stoddard, page 245).

If the petition was not submitted directly to the lieutenant governor, it may be forwarded by the local commandant with a recommendation confirming the truth of the facts contained within the petition and the merit of the petitioner.  The granting authority, whether lieutenant governor or local commandant, would examine the petition and, if he deemed the petitioner worthy of a grant of land, would concede the land requested, writing his statement at the bottom or on the back of the same petition (ASP:PL, Vol. 1, pg 177, No. 99).  He would then direct the surveyor to perform a boundary survey of the land selected by the petitioner, to prepare a plat and to put the petitioner in possession of the lands solicited.

The following is a representative example of the sequence of correspondence related to a grant of land (ASP:PL, Vol. 6, pg 801):

Petition:

To Don Charles Dehault Delassus, lieutenant governor and commander-in-chief of Upper Louisiana, &c.:

Purnel Howard, C. R. [Roman Catholic], has the honor to represent to you that, with the permission of the government, he has settled himself on a tract of land in his Majesty’s domain, on the north side of the Missouri; therefore he supplicates you to have the goodness to grant to him, at the same place, the quantity of land corresponding to the number of his family, composed of himself, his wife, and four children; the petitioner having sufficient means to improve a plantation, and having no other views but to live as a peaceable and submissive cultivator of the soil, hopes to obtain the favor which he solicits of your justice.

          PURNEL HOWARD, + mark.

St. André, November 11, 1799.

Recommendation of the local commandant:

Be it forwarded to the lieutenant governor, with information that the statement above is true, and that the petitioner deserves the favor which he solicits.

SANTIAGO [JAMES] MACKAY.

St. André, November 11, 1799.

Signature of James Mackay
Commandant of St. André and Deputy Surveyor
(Courtesy of the Missouri State Archives)

Concession by Lieutenant Governor:

St. Louis of Illinois, November 25, 1799.

By virtue of the information given by Don Santiago Mackay, commandant of the settlement of St. André, in which he testifies as to the truth of the number of individuals stated to compose the family of the petitioner, the surveyor, Don Antonio Soulard, shall put him in possession of 400 arpents of land in superficie, in the place where asked by him, this quantity corresponding to the number of his family, conformably to the regulation of the governor general of the province; and this being executed, the interested party shall have to solicit the title of concession in form from the intendant general of the same province, to whom, by royal order, corresponds the distributing and granting all classes of lands of the royal domain.

CARLOS DEHAULT DELASSUS

Plat of Survey:

Survey of 400 Arpents for Parnelle Howard
by James Mackay, dated March 28, 1804.
érable = maple; noyer = walnut; pierre = stone
(Courtesy of the Missouri State Archives)

Surveyor's certificate:

Don Antonio Soulard, surveyor general of the settlements of Upper Louisiana.

I do certify that a tract of land, of [400] arpents in superficie, has been measured, the lines run and bounded, in favor and in presence of Purnel Howard.  Said measurement has been taken with the perch of Paris, of 18 French feet, lineal measure of the same city, according to the agrarian measure of this province.  Said land is situated on the north side of the Missouri, at the distance of two miles from said river, and at about sixty miles west of this town of St. Louis, and is bounded on its four sides – north, south, east, and west – by vacant lands of the royal domain.  The said survey and measurement was taken without having regard to the variation of the needle, which is 7°30' east, as is evinced by the foregoing figurative plat, on which are noted the dimensions, courses of the lines, other boundaries, &c.  This survey was taken by virtue of the decree of the lieutenant governor and sub-delegate of the royal fisc, Don Carlos Dehault Delassus, bearing date November 25, 1799, here annexed.

In testimony whereof, I do give the present, with the foregoing figurative plat drawn conformably to the survey executed by the deputy surveyor, Don Santiago Mackay, on the 28th of March, 1804.

ANTONIO SOULARD, Surveyor General

Signature of Antoine Soulard
Surveyor General of Upper Louisiana
(Courtesy of the Missouri State Archives)

Once a petition had been submitted and a concession from the lieutenant governor or local commandant had been received, the next steps were to locate a suitable tract of land, obtain a boundary survey and register the grant with the appropriate authority in New Orleans.

In the case of a general concession a petitioner was granted the privilege of selecting a tract of land anywhere within the king’s domain.  If a tract of land was needed for the development of mineral lands, the establishment of a mill, the production of salt, the establishment of a dairy or grazing farm or some other particular purpose, a site suitable for the purpose needed to be found.  The king’s domain was extensive and it took time to travel about and search for a suitable tract of land that was not already claimed by someone else.  Roads and modes of transportation were not well developed or convenient, so travel was expensive and time-consuming, not to mention dangerous.  A well-traveled agent familiar with the character of the land may be necessary to aid in the location of an appropriate tract.

Once a suitable tract had been identified, a qualified surveyor was needed to perform a boundary survey.  Surveyors in Upper Louisiana were in short supply, however, and a settler may have to wait a few years before a survey could be performed, if at all.  It was not until 1795 that Antoine Soulard was appointed to the newly created office of principal surveyor, or Surveyor General, for Upper Louisiana (Stoddard, page 248 and ASP:PL, Vol. 6, pages 712-714).  Soulard organized the office and in the following years appointed deputy surveyors for the districts:  Joseph Story for the District of New Madrid, Thomas Madden for the District of Sainte Genevieve, Bartholomew Cousin for the District of Cape Girardeau and James Mackay for the District of Saint Charles.  Additional deputy surveyors were appointed at intervals, including James Rankin, John Ferry (or Terrey) and Charles Frémon Delauriere.

When a surveyor became available to perform the boundary survey, the next obstacle for the settler was the expense of the survey.  The fees included payment to the surveyor to do the work, wages and supplies for the axemen and chain-carriers, travel expense and the fee to the principal surveyor for the plat of survey.  In addition to these were the extra expense and stress of defending against hostile Indians, who appeared determined to oppose all white settlements.  Often the value of the land at that time was less than the cost of the boundary survey.  Hard money was scarce in Upper Louisiana with shaved deer skins being the circulating medium of exchange (ASP:PL, Vol. 6, pg 713).  To make surveys more cost effective settlers were encouraged to work together in locating their tracts so that the surveys for several tracts could be accomplished at the same time.

A settler who had successfully located a suitable tract of land, obtained a boundary survey and satisfied the stipulations of his grant had yet one more requirement to secure complete title to the land.  He had to present (1) the petition, (2) the concession from the lieutenant governor or local commandant with the order for a boundary survey and (3) the results of the survey to the intendant general, the highest representative of the crown, at the capital of the province in New Orleans.

Few concessions, however, were actually perfected into complete grants.  The expense and the distance to New Orleans was a hardship for most and impractical for the average settler.  Most settlers were content with their concession from the lieutenant governor and felt no need to obtain a complete title from New Orleans.  Who knew they had any need for concern?

In July 1799 the authority to confirm grants of land was transferred to the tribunal of finance.  Not long after the transfer, the assessor of the tribunal died.  No concessions could be confirmed until a new assessor was appointed, but no appointment was made by the king (Stoddard, page 248).  It was, therefore, not possible to obtain a complete title at that time.

On October 1, 1800, by the Treaty of San Ildefonso, Spanish Louisiana was returned to France.  Just a few years later on April 30, 1803, France unloaded the entire territory for cash to a most eager buyer, the United States of America.  The United States took possession of Lower Louisiana at New Orleans on December 20, 1803.  Possession of Upper Louisiana became official on March 10, 1804.  The inhabitants of the Province of Louisiana were no longer subjects of the King of Spain, but citizens of the United States of America.  Were they still secure in their concessions with incomplete title?

Primary sources for this article include “Sketches, Historical and Descriptive, of Louisiana” by Major Amos Stoddard, 1812, and the American State Papers: Public Lands (ASP:PL).

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original composition by Steven E. Weible

Survey 353 of Sainte Genevieve & New Bourbon Series

Plat and description of the survey of a lot, situated in Block number four of the Town of Sainte Genevieve, in Township thirty eight North of the base line, Range nine East of the fifth principal Meridian, in the State of Missouri, executed on the eighteenth of January eighteen hundred and forty seven, by Joseph C. Brown, Deputy Surveyor, under instructions from the Surveyor of the public lands in the States of Illinois and Missouri, dated the ninth of December eighteen hundred forty six. This being the lot of one arpent front by about two arpents deep, confirmed to Vital Beauvais' legal representatives by the act of Congress of the thirteenth of June eighteen hundred and twelve, the extent and boundaries whereof were proven before Theodore Hunt, United States Recorder of land titles, on the twenty fifth of October eighteen hundred twenty five, under the act of Congress of the twenty sixth of May eighteen hundred and twenty four, entitled: "An act supplementary to an act passed on the thirteenth day of June one thousand eight hundred and twelve, entitled: 'An act making further provision for settling the claims to land in the Territory of Missouri' ".

Description:

Begin at a stone set on the eastern edge of Gabori street for the north-west corner of the lot of John Baptiste Vallé senior, survey number one hundred forty six, and the south-west corner of this lot.

Thence North five degrees and thirty five minutes West along the western boundary of this lot and the eastern edge of Gabori street; at eighty four feet and six inches a lime stone, marked with a cross on the top, set for the north-west corner of this lot and the south-west corner of the lot of Veuve Vital Beauvais, survey number one hundred and forty five.

Thence North, seventy nine degrees and forty five minutes East along the northern boundary of this lot and the southern boundary of the lot of Veuve Vital Beauvais, touching the south-eastern end of the porch of the dwelling house of Veuve V. Beauvais: at four hundred eighteen feet and five inches a lime stone set on the western edge of Common field street and marked with a cross on the top, the north-east corner of this lot and the south-east corner of the lot of Veuve V. Beauvais.

Thence South, seven degrees East along the eastern boundary of this lot and the western edge of Common field street: at eighty four feet and six inches a stone, the south-east corner of this lot and the north-east corner of the lot of John Baptise Vallé senior.

Thence South, seventy nine degrees and forty five minutes West along the southern boundary of this survey; and the northern boundary of the lot of John Baptiste Vallé: at four hundred twenty feet and two inches the beginning corner.

Surveyor's Office
St. Louis  18th of May 1847

The foregoing plat and description of survey number three hundred and fifty three of Sainte Genevieve and New Bourbon lands, are correctly copied from the approved plat and description recorded on page 386 of the Book of the said survey in this Office.

F. R. Conway
Surveyor of the public lands in the States
   of Illinois and Missouri


Transcriber's note:
Gabori Street is now South Main Street
Common Field Street is now South Front Street

(transcribed from Missouri State Land Survey scan file: Y0820234.pdf)

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transcribed by Steven E. Weible

Survey 146 of Sainte Genevieve & New Bourbon Series

Plat and description of the survey of a lot in Block number four of the town of Sainte Genevieve, in Township thirty eight, north of the base line, Range nine, east of the fifth principal Meridian, in the State of Missouri, executed on the twenty third of October eighteen hundred and forty, by Jos. C. Brown, Deputy Surveyor, under instructions from the Surveyor of the public lands in the States of Illinois and Missouri, dated the third of September eighteen hundred and forty. It being the lot of "one by about two arpents," confirmed to John Baptiste Vallé senior by the act of Congress of the thirteenth of June eighteen hundred and twelve; the extent and boundaries whereof were proven before Theodore Hunt, United States Recorder of land titles, in the State of Missouri, on the twenty fifth of October eighteen hundred and twenty five, under the provisions of the act of Congress of the twenty sixth of May eighteen hundred and twenty four, entitled: "an act supplementary to an act passed on the thirteenth day of June one thousand eight hundred and twelve, entitled: 'an act making further provision for settling the claims to land in the Territory of Missouri' ".

Description: Begin at a lime stone at the intersection of the eastern edge of Gabori street with the northern edge of Second Street, the south west corner of this lot and of Block number four.

Thence north eighty degrees and forty minutes east, along the southern boundary of this lot and the northern edge of Second street, at four hundred and twenty five feet and two inches a lime stone at the intersection of the northern edge of Second Street with the western edge of Common field street, the south east corner of this lot and of the block.

Thence North seven degrees west along the eastern boundary of this lot and the western edge of Common Field street, at two hundred feet a lime stone, the north east corner of this lot, and the south east corner of the lot of Veuve Vital Beauvais, survey numbered one hundred and forty five.

Thence south seventy nine degrees and forty five minutes west, along the northern boundary of this lot, and the southern boundary of Veuve V. Beauvais' lot, at four hundred and twenty feet and two inches a lime stone on the eastern edge of Gabori street, the north west corner of this lot, and the south west corner of Veuve Vital Beauvais' lot.

Thence south five degrees and thirty five minutes east along the western boundary of this lot and the eastern edge of Gabori street, at one hundred and ninety two feet and ten inches the beginning corner.

Surveyor's Office, St. Louis  March 21st, 1845

The foregoing plat and description of survey numbered one hundred and forty six of Sainte Genevieve and New Bourbon lands are correctly copied from pages 266 and 267 of the Book of Record of the said surveys in this Office.

Silas Reed
Surveyor of the public lands in the
   States of Illinois and Missouri

To F. R. Conway Esquire
U. S. Recorder of land titles
   St. Louis Mo.


Transcriber's note:
Gabori Street is now South Main Street
Second Street is now Market Street
Common Field Street is now South Front Street

(transcribed from Missouri State Land Survey scan file: Y0820073.pdf)

-------------------------------
transcribed by Steven E. Weible

Survey 145 of Sainte Genevieve & New Bourbon Series

Plat and description of the survey of a lot, situated in block number four, of the Town of Sainte Genevieve, in Township thirty eight North of the base line, Range nine East of the fifth principal Meridian, in the State of Missouri, executed on the eighteenth of January eighteen hundred forty seven, by Joseph C. Brown, Deputy Surveyor, under instructions from the Surveyor of the public lands in the States of Illinois and Missouri, dated the ninth of December eighteen hundred and forty six. It being the lot of one half by two arpens confirmed to Veuve Vital Beauvais by the act of Congress of the thirteenth of June eighteen hundred and twelve; the extent and boundary whereof were proven before Theodore Hunt, United States Recorder of land titles, on the twenty fourth of October eighteen hundred twenty five, under the act of Congress of the twenty sixth of May eighteen hundred twenty four, entitled: "An act supplementary to an act passed on the thirteenth day of June one thousand eight hundred and twelve, entitled: 'An act making further provision for settling the claims to land in the Territory of Missouri'."

Description

Begin at the intersection of the southern edge of Third Street with the eastern edge of Gabori street, the north-west corner of this lot and of the block.

Thence South, five degrees and thirty five minutes East along the western boundary of this lot and the eastern edge of Gabori street: at one hundred thirteen feet and eleven inches a lime stone marked with a cross on the top, the south-west corner of this lot and the north-west corner of the lot of Veuve Vital Beauvais legal representatives, survey number three hundred and fifty three.

Thence North, seventy nine degrees and forty five minutes East along the southern boundary of this lot, and the northern boundary of lot numbered three hundred fifty three: at four hundred eighteen feet and five inches a lime stone marked with a cross on the top, the south-east corner of this lot, and the north-east corner of the lot number three hundred fifty three.

Thence North, seven degrees West along the eastern boundary of this lot and the western edge of Common field street: at one hundred thirty two feet and four inches the north-east corner of this lot and of the block, at the intersection of the western edge of Common field street, with the southern edge of Third street.

Thence South seventy seven degrees and ten minutes West along the northern boundary of this lot and the southern edge of Third street: at four hundred seventeen feet and two inches the beginning corner.

Surveyor's Office
St. Louis  18th of May 1847

The foregoing plat and description of survey number one hundred forty five of Sainte Genevieve and New Bourbon lands, are correctly copied from the approved plat and description recorded on page 385 of the Book of the said surveys in this Office.

F. R. Conway
Surveyor of the public lands in the States
   of Illinois and Missouri


Transcriber's Note:
Third Street is now Merchant Street
Gabori Street is now South Main Street
Common Field Street is now South Front Street

(transcribed from Missouri State Land Survey scan file: Y0820072.pdf)

-------------------------------
transcribed by Steven E. Weible

Block 4 - Survey 115 - Sainte Genevieve & New Bourbon Series

Plat and description of the survey of the exterior boundary lines of block No. 4 in the town of Ste. Genevieve, situated in township 38 North of the base line range 9 East of the 5th principal Meridian, in the State of Missouri surveyed on the 6th day of October in the year 1840 by Joseph C. Brown, deputy Surveyor, under instructions from the Surveyor of the public lands in the states of Illinois and Missouri dated the 3rd day of September 1840.

Description

Begin at the SW corner of the block at the intersection of the Northern edge of 2nd Street with the eastern edge of Gabori Street where a lime stone is set with its SW corner at the S.W. corner of the block, thence N80°40'E along the Northern edge of 2nd Street, the S.E. boundary of the block 425 feet 2 inches to the S.E. corner of the block at the intersection of the Northern edge of 2nd Street with the western edge of Common field Street where is set a lime stone with its S.E. corner at the S.E. corner of the block, thence N7W along the western edge of Common field Street the eastern boundary of the block 416 10/12 feet the N.E. corner of the block at the intersection of the western edge of Common field Street with the S.E. edge of 3rd Street at the old enclosure of the block, thence S77°10'W along the S.E. edge of 3rd Street the NW boundary of the block 417 feet 2 inches the NW corner of the block at the intersection of the S.E. edge of 3rd Street with the eastern edge of Gabori Street at the NW corner of the enclosure of the block, thence S5°35'E along the eastern edge of Gabori Street the western boundary of the block 391 feet 4 inches to the beginning. On the top of each of said corner stones I have had a cross made.

(Brown's Surveys of Ste. Genevieve & New Bourbon, pages 231-232, Missouri State Land Survey microfiche location: 724/0470A1)

Transcriber's note:
2nd Street is now Market Street
3rd Street is now Merchant Street
Gabori Street is now South Main Street
Common Field Street is now South Front Street

-------------------------------
transcribed by Steven E. Weible

Survey 150 of Sainte Genevieve & New Bourbon Series

Plat and description of the Survey of a lot situated in block No. 5 of the town of Ste. Genevieve in township 38 north of the base line range 9 east of the 5th principal Meridian in the State of Missouri, surveyed on the 7th day of November in the year 1840 by Joseph C. Brown, deputy Surveyor, under instructions from the Surveyor of the public lands in the States of Illinois and Missouri, dated the 3rd day of September 1840. The said lot was not proven before the recorder of land titles in the State of Missouri but was surveyed as a vacant lot.

Description

Begin at a lime stone set at the eastern edge of Gabori Street, the SW corner of Jo. Bte. Pratte Senior's lot or the lot of his legal representatives, described on page 79 [303] of this book [survey number 149], thence S5°35'E along the eastern edge of Gabori Street 66 feet to a lime Stone set at a turn in said street; thence S49°E along the NE edge of said street 153 feet 1 inch Set a lime Stone at the Northern edge of a street 32 feet wide; thence N84 3/4°E along the northern edge of said street, the Southern boundary of the lot, 333 feet to a large cedar post, the South East corner of this lot and of block No. 5; thence N7°W along the western edge of Common field Street, the eastern boundary of this lot, 194 feet 4 inches to a lime Stone, the N.E. corner of this lot and S.E. corner of the lot of Jo. Bte. Pratte Senior's legal representatives at the western edge of Common field Street; thence S82°10'W along the S.E. boundary of the lot of said Pratte's legal representatives, the N.W. boundary of this lot, 434 feet 6 inches to the beginning.

(Brown's Surveys of Sainte Genevieve and New Bourbon, page 308, Missouri State Land Survey microfiche location: 724/0476A02)


Transcriber's note:
Gabori Street is now South Main Street
Common Field Street is now South Front Street
the unnamed street is now South Gabouri Street

-------------------------------
transcribed by Steven E. Weible

Survey 149 of Sainte Genevieve & New Bourbon Series

Plat and description of the survey of a lot in Block number five, of the town of Sainte Genevieve, in Township thirty eight, north of the base line, Range nine, east of the fifth principal Meridian, in the State of Missouri, executed on the twenty third day of October eighteen hundred and forty, by Jos. C. Brown, Deputy Surveyor, under instructions from the Surveyor of the public lands in the States of Illinois and Missouri, dated the third of September eighteen hundred and forty. It being the lot of "about one arpent front by about two arpents deep," confirmed to John Bte. Pratte senior or his legal representatives by the act of Congress of the thirteenth of June eighteen hundred and twelve; the extent and boundaries whereof were proven before Theodore Hunt, United States Recorder of land titles in the State of Missouri, on the twenty seventh of October eighteen hundred and twenty five, under the provisions of the act of Congress of the twenty sixth of May eighteen hundred and twenty four, entitled: "an act supplementary to an act passed on the thirteenth day of June one thousand eight hundred and twelve, entitled: 'an act making further provision for settling the claims to lands in the Territory of Missouri' ".

Description: Begin at a lime stone on the eastern edge of Gabori street, the north-west corner of this lot and the south-west corner of the lot of John Bte. Pratte's legal representatives, survey numbered one hundred and forty eight.

Thence south five degrees and thirty five minutes east along the western boundary of this lot, and the eastern edge of Gabori street; at one hundred and ninety eight feet a lime stone, the south-west corner of this lot, and the north-west corner of a vacant lot, survey numbered one hundred and fifty.

Thence north eighty two degrees and ten minutes east along the southern boundary of this lot, and the northern boundary of the said vacant lot; at four hundred and thirty four feet and six inches a lime stone on the western edge of Common Field street, the south-east corner of this lot, and the north-east corner of the said vacant lot.

Thence north seven degrees west along the eastern boundary of this lot, and the western edge of Common Field street; at one hundred and ninety three feet a lime stone, the north-east corner of this lot, and the south-east corner of the lot of J. B. Pratte's legal representatives.

Thence south eighty three degrees west along the northern boundary of this lot, and the southern boundary of the lot of J. B. Pratte; at four hundred and twenty nine feet and eight inches the beginning corner.

Surveyor's Office, St. Louis March

The foregoing plat and description of survey numbered one hundred and forty nine of Sainte Genevieve and New Bourbon lands are correctly copied from pages __ of the Book of Record of the said surveys in this Office.

Silas Reed
Surveyor of the public lands in the 
  States of Illinois and Missouri

To F. R. Conway Esquire
U. S. Recorder of land titles
  St. Louis Mo.


Transcriber's note:
Gabori Street is now South Main Street
Common Field Street is now South Front Street

(transcribed from Missouri State Land Survey scan file: Y0820076.pdf)

-------------------------------
transcribed by Steven E. Weible

Survey 148 of Sainte Genevieve & New Bourbon Series

Plat and description of the survey of a lot in Block number five of the town of Sainte Genevieve, in Township thirty eight, north of the base line, Range nine east of the fifth principal Meridian, in the State of Missouri, executed on the twenty third of October eighteen hundred and forty, by Jos. C. Brown, Deputy Surveyor, under instructions from the Surveyor of the public lands in the States of Illinois and Missouri, dated the third of September eighteen hundred and forty. It being the lot of " one half arpent front by two arpents, " confirmed to John B. Pratte's legal representatives by the act of Congress of the thirteenth of June eighteen hundred and twelve; the extent and boundaries whereof were proven before Theodore Hunt, United States Recorder of land titles in the State of Missouri, on the twenty fifth of October eighteen hundred and twenty five, under the provisions of the act of Congress of the twenty sixth of May eighteen hundred and twenty four, entitled: " an act supplementary to an act passed on the thirteenth day of June one thousand eight hundred and twelve, entitled: 'an act making further provision for settling the claims to land in the Territory of Missouri' ".

Description: Begin at a lime stone on the eastern edge of Gabori street, the north-west corner of this lot and the south-[west] corner of the lot of Baptiste Moreau, survey numbered one hundred and forty seven.

Thence south five degrees and thirty five minutes east, along the western boundary of this lot, and the eastern edge of Gabori Street, at ninety one feet and three inches a lime stone, the south-west corner of this lot and the north-west corner of the lot of Jo. Bte. Pratte's senior's legal representatives, survey numbered one hundred and forty nine.

Thence north eighty three degrees east along the southern boundary of this lot, and the northern boundary of the lot of J. B. Pratte senior, at four hundred and twenty nine feet and eight inches a lime stone on the western edge of Common Field street, the south-east corner of this lot, and the north-east corner of the lot of J. B. Pratte senior.

Thence north seven degrees west along the eastern boundary of this lot, and the western edge of Common Field street; at ninety nine feet and one inch a lime stone, the north-east corner of this lot, and the south-east corner of a vacant lot.

Thence south eighty one degrees and fifty five minutes west along the northern boundary of this lot and the southern boundary of the said vacant lot; at two hundred and thirty four feet a lime stone, the south-west corner of said vacant lot, and the south-east corner of the lot of Baptiste Moreau; continue the same course with the southern boundary of the lot of Bte. Moreau; at four hundred and twenty six feet and six inches the beginning corner.

Surveyor's Office, St. Louis  March 22d, 1845

The foregoing plat and description of Survey numbered one hundred and forty eight of Sainte Genevieve and New Bourbon lands are correctly copied from pages 268 and 269 of the Book of Record of the said surveys in this Office.

Silas Reed
Surveyor of the public lands in the
   States of Illinois and Missouri

To F. R. Conway Esquire
U. S. Recorder of land titles
   St. Louis Mo.


Transcriber's note:
Gabori Street is now South Main Street
Common Field Street is now South Front Street

(transcribed from Missouri State Land Survey scan file: Y0820075.pdf)

-------------------------------
transcribed by Steven E. Weible