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.
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| 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:
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| 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
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| 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
