Silas Bent: Principal Deputy Surveyor - Part One

Article II of the Treaty Between the United States of America and the French Republic, dated April 30, 1803, provided that, “the archives, papers, and documents, relative to the domain and sovereignty of Louisiana, and its dependences, will be left in the possession of the commissaries of the United States” (U.S. Statutes at Large, Vol. 8, pg 200). Spain, however, not being a party to the agreement between the United States and the French Republic, apparently, did not feel compelled to relinquish the records in its possession. As a result, some officers of the Spanish government caused records to be removed from the Province of Louisiana, depriving the United States of the information contained within them (Territorial Papers, Vol. 13, pg 432).

Because of this infidelity on the part of some of the Spanish officials, the United States Secretary of the Treasury, Albert Gallatin, was very concerned about the Archive of Surveys that was still in the custody of Antoine Soulard, the former Surveyor General of the Spanish Province of Upper Louisiana. Mr. Gallatin urgently wanted to replace Soulard and to recover the records in his possession (Territorial Papers, Vol. 13, pg 432-435).

After the United States had taken possession of Upper Louisiana on March 10, 1804, Captain Amos Stoddard, exercising the functions of civil commandant, chose to retain Soulard as the temporary depository of the Survey Archives (Territorial Papers, Vol. 13, pg 533 & Vol. 14, pg 32). William Henry Harrison, governor of the Indiana Territory, had subsequently commissioned Soulard in October 1804 to continue in the capacity of Surveyor General for the district of Louisiana (Territorial Papers, Vol. 13, pg 71, 81). General James Wilkinson, who had become governor of the Territory of Louisiana in July 1805 (Territorial Papers, Vol. 13, pg 98), chose to continue Soulard in the office to which he had been appointed by Governor Harrison (Territorial Papers, Vol. 13, pg 175), so that Soulard continued in possession of the Survey Archives.

Meanwhile, the Board of Commissioners for ascertaining and adjusting land titles that was assembled in accordance with the act of March 2, 1805, chapter 26, had commenced their work in December 1805. Within months several issues pertaining to surveys were identified that needed legislative attention. First, the act of March 26, 1804, chapter 38, prohibited surveys from being performed, while the act of March 2, 1805, chapter 26, required a plat to be filed with the recorder of land titles. What if a survey had not yet been performed, so that none could be filed with the recorder of land titles? Next, the Recorder of Land Titles, James L. Donaldson, had refused to accept surveys performed by private surveyors, believing that the fourth section of the act of March 2, 1805, chapter 26, required a plat prepared by a duly appointed officer (Territorial Papers, Vol. 13, pg 497-498). Governor Wilkinson had in fact issued a proclamation on November 4, 1805, prohibiting surveys by anyone but those authorized by the Surveyor General of the Territory (Territorial Papers, Vol. 13, pg 264). Were private surveys to be accepted or not? It was anticipated that surveys would be needed, but who was the proper person to perform them? (Territorial Papers, Vol. 13, pg 432-435).

In response to these concerns Congress passed the act of February 28, 1806, chapter 11, An Act extending the powers of the Surveyor-general to the territory of Louisiana; and for other purposes (U.S. Statutes at Large, Vol. 2, pg 352). This act provided for a principal deputy surveyor to reside in the territory of Louisiana and to operate under the superintendence of the surveyor-general of the United States, who was then in Ohio. The principal deputy surveyor was to execute, or cause to be executed by deputies, surveys as may be authorized by law or as requested by the Board of Commissioners. He was also to take possession of all of the records of the Surveyor General of the Spanish Province of Upper Louisiana. The Board of Commissioners was authorized to request surveys as they deemed necessary for the purpose of deciding upon claims before them. Any such survey was considered a private survey only and a re-survey under the authority of the surveyor-general would be required, if the claim was confirmed. The Act also repealed the requirement of a plat of survey as evidence, if a survey had not been performed before December 20, 1803.

Compensation was to be paid for surveys actually run, an amount not to exceed 3 dollars per mile. The principal deputy surveyor was also entitled to receive a fee for examining and recording surveys performed by deputies and for providing a certified copy of any plot of survey in his office. Those fees were 25 cents for every mile of boundary for examination and recording and 25 cents for each certified copy. While the bill for this act was being considered by the U.S. Senate, an amendment was added to provide a salary for the principal deputy surveyor. The amendment, however, was rejected and the act was passed without it (Territorial Papers, Vol. 13, pg 448; Senate Journal, Vol. 4, pg 38, 45).

In a letter, dated March 25, 1806, Mr. Gallatin urged Jared Mansfield, Surveyor General of the United States, to immediately appoint a principal deputy surveyor for the Territory of Louisiana. Mr. Gallatin wanted the new appointee to proceed to St. Louis without delay so as to recover the records from Antoine Soulard as soon as possible (Territorial Papers, Vol. 13, pg 461).

In a letter to the Board of Commissioners of the same date, Mr. Gallatin informed them that as a result of the recent act a plat of survey was no longer required, if a tract had not been surveyed under the authority of the proper Spanish Officer before December 20, 1803. He also advised them that they were authorized to direct the principal deputy surveyor to perform any surveys that they deemed necessary in order to complete their business. He cautioned them, however, to request surveys only when necessary so as not to harass the claimants with repeated surveys. Also, since any surveys that had already been done and any surveys to be done by the principal deputy surveyor were to be considered private surveys subject to resurvey, it did not matter whether a previous survey was performed under the authority of the proper Spanish Officer or by a private surveyor (Territorial Papers, Vol. 13, pg 460).

Jared Mansfield responded to Mr. Gallatin on June 14, 1806, expressing his intent to appoint Silas Bent of Belprie, Washington County, Ohio as principal deputy surveyor for the Territory of Louisiana. Mr. Bent had previously been employed by Mansfield in surveying the public lands and was serving as a judge of the Court of Common Pleas in the county of his residence (Territorial Papers, Vol. 13, pg 519). Mr. Gallatin responded on July 3, 1806, approving the appointment and expressing dissatisfaction that his directive had not been carried out immediately upon receipt (Territorial Papers, Vol. 13, pg 536).

Silas Bent reported to Jared Mansfield in a letter, dated September 22, 1806, that he had arrived in St. Louis on September 17 and had visited Antoine Soulard to recover the records that had been in his possession. Soulard had been ordered on May 3, 1806 by Governor Wilkinson to cease operation as Surveyor General of the Territory of Louisiana (ASP:PL, Vol. 8, pg 866) and had already surrendered the records to the Board of Commissioners. Bent next visited the Board of Commissioners, advised them of his office and requested that the appropriate records be delivered to him. At the leisure of the Board and their clerk the records were eventually released to him, but no requests for surveys were forthcoming. This put Mr. Bent in a difficult position, since his compensation relied upon requests for surveys from the Board of Commissioners. The Board of Commissioners, however, had been cautioned by Mr. Gallatin to request them only when necessary. Mr. Bent concluded his letter of September 22, 1806 to Jared Mansfield with the statement that “This afords but a dark prospect for the present support of my young family in this most expensive Country” (Territorial Papers, Vol. 14, pg 8).

Silas Bent wrote to Jared Mansfield again on September 28, 1806, reporting that “Nothing relative to my Official duties has taken place since I wrote You – Judge Lucas wishes resurveys made and a general investigation, but the other Commissioners pass the Business over” (Territorial Papers, Vol. 14, pg 12). In a letter, dated October 13, 1806, he further stated to Jared Mansfield that “I have had no Business for which the Law entitles me to a single Cent and have no prospect of any – I do not know what to do in this unfortunate situation – my children remain unwell ” (Territorial Papers, Vol. 14, pg 14).

By late October 1806 James L. Donaldson, the Recorder of Land Titles, had left the Territory (Territorial Papers, Vol. 14, pg 21, 27, 64). Following his departure, the remaining commissioners, Judge John B. C. Lucas and Clement B. Penrose, received new instructions from the Secretary of the Treasury that would necessitate a revision of nearly all of the decisions that had already been made (Territorial Papers, Vol. 14, pg 19). As a result of these circumstances, the Board of Commissioners essentially ceased operation until they received further direction from the Secretary as to how to proceed (Territorial Papers, Vol. 14, pg 27, 36, 40).

Jared Mansfield attempted to intercede on Mr. Bent’s behalf by informing Mr. Gallatin of the circumstances in letters, dated October 16, 1806, October 30, 1806 and November 1, 1806 (Territorial Papers, Vol. 14, pg 15, 22, 25). He even advocated for Mr. Bent to the President of the United States in a letter, dated October 31, 1806 (Territorial Papers, Vol. 14, pg 23).

William Carr, the agent for the United States in the Territory of Louisiana, also chipped in his comments to Mr. Gallatin in a letter, dated November 20, 1806, in which he observed that “If the power of the surveyor general is by law to be extended to this territory; a principal deputy surveyor appointed, who by his instructions is urged in the most pressing manner to repair immediately to St. Louis, to open and keep, an office there; & the Commissioners are not to continue their sessions, this act of Congress will remain inefficient and without execution – This principal deputy Surveyor, as an officer of the government certainly could not be expected to remove his family to this place; open an office and Continue it here entirely at his own expence; & that too for the expectation of obtaining the compensation allowed by law, whenever it should please the board of commissioners, to afford him any employment – which compensation will be found upon reflection and examination not to be half equivalent to the expences attendant on the discharge of the duties assigned him by Law. More especially in this country where the Tracts of land to be surveyed are scattered over the whole face of the territory and many of them situated at a great distance from the surveyor’s place of residence; where no travelling expences to and from the land to be surveyed are allowed and where labour and expences of every kind are excessively high” (Territorial Papers, Vol. 14, pg 36).

In a letter to Jared Mansfield, dated December 9, 1806, Silas Bent remained hopeful that appropriate intervention would “perhaps turn what has been unfavorable hitherto, very much to my advantage in the end ” (Territorial Papers, Vol. 14, pg 51).

Signature of Silas Bent, Principal Deputy Surveyor
(image courtesy of the Missouri State Land Survey)

SOURCES 

American State Papers: Public Lands (ASP:PL)

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

U. S. Statutes at Large

----------------------------------------

original composition by Steven E. Weible

Survey 144 of the Sainte Genevieve & New Bourbon Lands

Plat and description of the survey of a lot in Block number three 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 fifty six by about ninety feet," confirmed to Veuve Leclere'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 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 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 Third Street, the south west corner of this lot and Block number three.

Thence north seventy seven degrees and ten minutes east along the southern boundary of this lot and the northern edge of Third Street, at one hundred and forty two feet and six inches a lime stone, the south east corner of this lot, and a corner of another lot of Veuve Leclere's legal representatives, survey numbered one hundred and forty three.

Thence north fourteen degrees and forty five minutes west along the eastern boundary of this lot, at forty nine feet and six inches the north east corner of this lot, and a corner of the said other lot of Veuve Leclere.

Thence south seventy six degrees west along the northern boundary of this lot, at one hundred and thirty six feet, a lime stone, on the eastern edge of Gabori street, the north west corner of this lot, and a corner of the said other lot of Veuve Leclere.

Thence south six degrees and fifteen minutes east along the western boundary of this lot, and the eastern edge of Gabori street, at forty seven feet and six inches the beginning corner.

Surveyor's Office, St. Louis  March 19th 1845

The foregoing plat and description of survey numbered one hundred and forty four of Sainte Genevieve and New Bourbon lands are correctly copied from pages 264 and 265 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 Main Street
Third Street is now Merchant Street

(Transcribed from Missouri State Land Survey scan file: Y0820071.pdf)

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

Survey 143 of Sainte Genevieve & New Bourbon lands

Plat and description of the survey of a lot in Block number three 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 half an arpent by about one arpent" confirmed to Veuve Leclere'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 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 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 Louis Leclere, survey numbered one hundred and forty one.

Thence south six degrees and fifteen minutes east along the western boundary of this lot and the eastern edge of Gabori Street, at one hundred and thirty four feet and six inches a lime stone, a corner of this lot and the northwest corner of another lot of Veuve Leclere's legal representatives, survey numbered one hundred and forty four.

Thence north seventy six degrees east along a southern boundary line of this lot, and the northern boundary of said other lot of Veuve Leclere; at one hundred and thirty six feet the north east corner of the last said lot, and a corner of this lot.

Thence south fourteen degrees and forty five minutes east along a western boundary line of this lot and the eastern boundary of said other lot of Veuve Leclere, at forty nine feet and six inches a lime stone on the northern edge of Third street, the south east corner of the last said lot, and a corner of this lot.

Thence north seventy seven degrees and ten minutes east along the most southern boundary line of this lot, and the northern edge of Third street; at sixty five feet and eight inches a lime stone, the south east corner of this lot, and the south west corner of the lot of Vital Beauvais' legal representatives, survey numbered one hundred and forty two.

Thence north four degrees and thirty minutes west along the eastern boundary of this lot and the western boundary of the lot of Vital Beauvais; at one hundred and seventy four feet and six inches a lime stone, on the southern boundary line of the lot of Louis Leclere, the north east corner of this lot, and the north west corner of the lot of Vital Beauvais.

Thence south seventy nine degrees and fifteen minutes west along the northern boundary of this lot and the southern boundary of the lot of Louis Leclere; at two hundred and thirteen feet the beginning corner.

Surveyor's Office, St. Louis  March 19th, 1845

The foregoing plat and description of survey numbered one hundred and forty three of Sainte Genevieve and New Bourgon lands are correctly copied from pages 263 and 264 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 Main Street
Third Street is now Merchant Street

(transcribed from Missouri State Land Survey scan file: Y0820070.pdf)

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

Survey 142 of Sainte Genevieve & New Bourbon Series

Plat and description of the survey of a lot in Block number three 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 one hundred and eighty feet front by one hundred and eighty feet deep, confirmed to Vital Beauvais 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 first 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, the south east corner of this lot and of Block number three, at the intersection of the northern edge of Third street with the western edge of Common Field street.

Thence North two degrees and thirty five minutes west, along the eastern boundary of this lot and the western edge of Common Field street, at one hundred and sixty six feet and eight inches a lime stone, the north east corner of this lot and the south east corner of the lot of Louis Leclere, Survey numbered one hundred and forty one.

Thence South seventy nine degrees and fifteen minutes west along the northern boundary of this lot, and the southern boundary of the lot of Louis Leclere; at two hundred and thirteen feet a lime stone, the north west corner of this lot, and the north east corner of a lot of Veuve Leclere's legal representatives, survey numbered one hundred and forty three.

Thence South four degrees and thirty minutes East along the western boundary of this lot and the eastern boundary of the lot of Veuve Leclere; at one hundred and seventy four feet and six inches a lime stone, the south west corner of this lot, and the south east corner of the said lot of Veuve Leclere, on the northern edge of Third street.

Thence North seventy seven degrees and ten minutes East along the southern boundary of this lot and the northern edge of Third street; at two hundred and eight feet and two inches the beginning corner.

Surveyor's Office, St. Louis  March 18th 1845

The foregoing plat and description of survey numbered one hundred and forty two of Sainte Genevieve and New Bourbon lands are correctly copied from pages 262 & 263 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 Esqr
U. S. Recorder of land titles
St. Louis, Mo.


Transcriber's Note:
Common Field Street is now Front Street
Third Street is now Merchant Steet

(transcribed from Missouri State Land Survey scan file: Y0820069.pdf)

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

Antoine Soulard: Surveyor General for Upper Louisiana

Boundary surveys of grants of land in the French Province of Upper Louisiana prior to 1770 were few, often without a plot and without the sanction of public authority. After the Spanish took control of the province, they were not much better in this regard for the first twenty years or so. It was not until 1795 that an official position of surveyor was established. On February 3, 1795, Antoine Soulard was commissioned by Governor General the Baron de Carondelet to the newly created office of Surveyor General for Upper Louisiana (Stoddard, page 248; Territorial Papers, Vol. 14, pg 30; ASP:PL, Vol. 6, pg 711).

Soulard organized the office and in the following years appointed deputy surveyors for the districts. As surveys were performed, he collected the field notes, plots and remarks into books, one for each district, marking them with letters of the alphabet, A, B, C, etc. These books were referred to as a “Registre d’Arpentage,” meaning Record, or Archive, of Surveys, a Survey Record Book, if you will. This Archive of Surveys was not regarded as an official register of titles, but rather an organized collection of survey information used by Soulard in the execution of his duties (Territorial Papers, Vol. 14, pg 30).

This plat of survey of 919 Arpents made for Hyacinthe St. Cyr is an example of the surveys recorded by Antoine Soulard prior to March 10, 1804.
The survey was performed on February 3, 1798 and was recorded April 5, 1798.
Note that the text is in French.
(Courtesy of the Missouri State Archives, Missouri Digital Heritage)

After the United States took possession of Upper Louisiana on March 10, 1804, it is presumed that Soulard’s role as Surveyor General of the Province was no longer operative. Captain Amos Stoddard, exercising the functions of civil commandant, chose to retain Soulard, however, as the temporary depository of the Survey Archives (Territorial Papers, Vol. 13, pg 533 & Vol. 14, pg 32).

Upper Louisiana became the district of Louisiana by 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) and was placed under the administration of the Indiana Territory, where William Henry Harrison was Territorial Governor. Section 14 of this act 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 act took effect on October 1, 1804 and on that date Governor Harrison commissioned Antoine Soulard to continue in the capacity of Surveyor General for the district of Louisiana. For those that requested it, Soulard was to continue to survey claims of land that had been conceded by the Spanish government prior to the Treaty of San Ildefonso of October 1, 1800. The fees that the Surveyor General received under the Spanish government were represented as being exorbitant, so Governor Harrison chose to reduce them by one half (Territorial Papers, Vol. 13, pg 71, 81). The new fees were as follows:

• two dollars ($2) for every 100 arpents of surface area
• two dollars ($2) for each day’s travel, when the distance exceeded 12 miles from the seat of justice of the district
• when several tracts were surveyed at one time, the travel expense was to be equally divided among the proprietors
• one dollar ($1) for each plat and certificate
• one dollar ($1) for registering the plat and certificate in the Surveyor’s Office

The process of examining claims to land was initiated with 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 four of this act directed every person claiming lands by virtue of a French or Spanish grant 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.

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 on March 11, 1805 and commenced his duties on July 4, 1805 (Territorial Papers, Vol. 13, pg 98).

In a letter, dated July 28, 1805, Governor Wilkinson continued Antoine Soulard in the office to which he had been appointed by Governor Harrison and instructed him to have his deputies survey the claims of all persons claiming land under the first and second sections of the Act of March 2, 1805, chapter 26, so that they could file a plat with the recorder of land titles as required by the fourth section of that act (Territorial Papers, Vol. 13, pg 175). In November 1805 Governor Wilkinson gave Soulard a list of rules and regulations to govern the conduct of the surveys to be performed (Territorial Papers, Vol. 13, pg 437).

Governor Wilkinson’s Regulations for Surveying, November 2, 1805:

1st - The Surveyor General shall appoint as many Deputies, as may be found necessary, to perform all the surveying, which may be required, within the territory, anterior to the 1st day of March ensuing. --

2nd - The Deputies so appointed, before entering on their duties, shall take the following oath, or affirmation, before a justice of the peace, and shall transmit the same, to the Office of the Secretary of the Territory, viz

“I, A. B., do swear or affirm, that I will diligently & faithfully, to the best of my skill & judgement, perform the duties appertaining to the office of a deputy surveyor; that I will strictly observe all rules, regulations, & instructions, which may be established (or given me) for my government, & that I will not survey, any land, in which I have or hold or expect to have or hold any interest, directly or indirectly.”

3rd - All Persons employed as chain carriers, shall be of the age of sixteen or upwards, & anterior to the commencement of their duties, shall take the following oath or affirmation, before the Surveyor General or a Deputy, who are hereby authorized to administer the same viz. - “I, A. B., do swear or affirm, that I will true measurement make, of the tract of Land now to be surveyed, & will faithfully report the same to C. D., my employer.” --

4th - The Surveyor General or his Deputies are authorized to survey all such titles & claims to Land, as are recognised by the law of Congress, “for ascertaining & adjusting the same, within this Territory,” & they are in all their works carefully to avoid, the interfering of claims & the clashing of Titles.--

5th - In surveying the settlement rights, recognised in the 2nd section of the Act of Congress of the 2nd of March, the improvements are to be left, as near the centre of each survey as possible, & the form of the plot, shall be as nearly square, as the adjacent claims, & the nature of the ground may permit; except when such rights front on Rivers, Lakes, or Bayous, in which cases the ancient regulations of the Country are to be strictly regarded.

6th - Whenever it may happen, that settlements on which Head rights depend, are too much crowded to satisfy the claims of the settlers, by adhering strictly to the forms herein prescribed, The Deputies are to adopt such plan as may be most agreable, to the parties interested, and most equitable in relation to the Public, & in all cases of conflict, the senior claim is to have the preference of Survey, for which the Surveyor, will be held strictly responsible. --

7th - When a Deputy shall have made a survey he shall, without delay, transmit a certified duplicate of his field notes and plat, to the Surveyor General for record.

8th - The following shall be the prices to be charged, for the services of the Surveyor & his Deputies. – vizt.

For the first thousand acres surveyed or any quantity under
..................................................................................... 2 cents per Acre
For the next five hundred acres ................................... 1 1/2 cents per Acre
For all above to 3000 acres ................................................ 1 cent per Acre
For all above 3000 acres ................................................. 1/2 cent per Acre
To include all expenses

This plat of survey of 735 Arpents made for John Wilson is an example of a settlement claim made by virtue of the 2nd section of the Act of March 2, 1805. It is representative of the surveys performed under the November 1805 instructions of Governor James Wilkinson.
The survey was performed on January 14, 1806 and was recorded on February 24, 1806.
(Courtesy of the Missouri State Archives, Missouri Digital Heritage)

Soulard’s appointment by Governor Harrison and his continuance by Governor Wilkinson were eventually questioned as having been done without any authority provided by law, since the acts of Congress did not provide for such a position and there was no territorial law that addressed it. In addition, the Secretary of the Treasury, Albert Gallatin, was concerned about the Archive of Surveys that was still in Soulard’s custody. Because other Spanish officers had absconded with valuable records, Mr. Gallatin urgently wanted to replace Soulard and to recover the records in his possession (Territorial Papers, Vol. 13, pg 432-437).

Congress responded to these and other surveying concerns by passing the act of February 28, 1806, chapter 11, An Act extending the powers of the Surveyor-general to the territory of Louisiana; and for other purposes (U.S. Statutes at Large, Vol. 2, pg 352). This act provided for a principal deputy surveyor to reside in the territory of Louisiana and to operate under the superintendence of the surveyor-general of the United States. The principal deputy surveyor was to execute, or cause to be executed by deputies, surveys as may be authorized by law or as requested by the Board of Commissioners. He was also to take possession of all of the records of the Surveyor General of the Spanish Province of Upper Louisiana.

In a letter, dated March 25, 1806, Mr. Gallatin urged Jared Mansfield, Surveyor General of the United States, to immediately appoint a principal deputy surveyor for the Territory of Louisiana. Mr. Gallatin wanted the new appointee to proceed to St. Louis without delay so as to recover the records from Antoine Soulard as soon as possible (Territorial Papers, Vol. 13, pg 461). The appointment was not immediate, however, and some time passed before the new principal deputy surveyor was able to assume his duties in St. Louis.

Meanwhile, the work of the Board of Commissioners progressed and it wasn’t long before they found evidence of “ante-dating,” not only in the concessions, but also in the surveys that had been certified by Antoine Soulard as Surveyor General of the Spanish Province of Upper Louisiana (Territorial Papers, Vol. 13, pg 446). By May 2, 1806, Antoine Soulard was in the hot seat, refusing to answer questions pertaining to “ante-dating” or the conduct of the Spanish government (Territorial Papers, Vol. 13, pg 533-535; ASP:PL, Vol. 2, pg 559). On May 3, 1806, Governor Wilkinson ordered Soulard to cease operation as Surveyor General of the Territory of Louisiana (ASP:PL, Vol. 8, pg 866). The records in his possession were surrendered to the Board of Commissioners (Territorial Papers, Vol. 14, pg 30).

In an effort to redeem himself, Soulard addressed a letter to the Board of Commissioners, dated July 24, 1806, in which he explained why some of the surveys that he certified may not be dated at the time that they were performed. Because of the demand for surveys and the small number of competent surveyors in Upper Louisiana, months or years may pass before a survey could be completed. Once completed, Soulard often dated the surveys as if they had been performed at the time of the petition, concession and order for a boundary survey. This practice was of no concern to the Spanish Government and caused no problems with the final confirmation of title by the appropriate authority in New Orleans (Territorial Papers, Vol. 13, pg 534).

Secretary of the Treasury Gallatin, however, wanted to apply a higher standard than existed at the time of execution of the surveys, because he considered the surveys the only available means to be able to detect fraudulently antedated concessions. Without the surveys as a check on the concessions, efforts to detect fraudulent concessions were stymied (Territorial Papers, Vol. 13, pg 433 & Vol. 14, pg 71). Mr. Gallatin took a hard-line view that was exemplified in his statement to the President of the United States in a January 1806 correspondence in which he stated that “The Spanish Govt was both despotic & lax, neither respecting individual rights, nor protecting its own. The sooner the inhabitants are taught that our principles are the reverse, the better” (Territorial Papers, Vol. 13, pg 383).

So, although Antoine Soulard may have been highly regarded by his peers, his countrymen and successive local leaders for the United States, he was cast out as Surveyor General for the Territory of Louisiana under a cloud of suspicion and the implication of impropriety.

The mark of Antoine Soulard
(Courtesy of the Missouri State Archives, Missouri Digital Heritage)

SOURCES

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

American State Papers: Public Lands (ASP:PL)

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

U. S. Statutes at Large

----------------------------------------

original composition by Steven E. Weible

Claims to Land and the First Board of Commissioners

Legislation for ascertaining and adjusting the titles and claims to land in what was formerly Upper Louisiana had been passed March 2, 1805 (U. S. Statutes at Large, Vol. 2, pg 324). In accordance with that act a board of commissioners had been appointed, consisting of James L. Donaldson as recorder of land titles and John B. C. Lucas and Clement B. Penrose as commissioners. Donaldson had arrived in St. Louis in September 1805 to commence his duties and by December 1805 Lucas and Penrose had joined him to begin the task of examining claims to land that had been conceded by the former French and Spanish governments.

On December 23, 1805 the Board of Commissioners notified the Secretary of the Treasury that they had begun the process of procuring a meeting place and the supplies that they would need to conduct business. They selected Charles Gratiot to serve as clerk for the Board and Marie Phillipe Leduc to serve as translator (Territorial Papers, Vol. 13, pg 318).

The Board of Commissioners set about the task with no more instructions than what was covered by the previously passed acts of Congress. By January 1806 they and William C. Carr, the agent for the United States, were confronted with issues that had to be resolved before they could successfully evaluate the claims before them. First of all, the first section of the Act of March 2, 1805, chapter 26, specified that the Indian title must have been extinguished in order for a claim to be confirmed. The Board had no documentary evidence to address this requirement and were at a loss as to how to deal with it. Next, the second section of the same act required “the permission of the proper Spanish officer” for those making a claim under actual settlement. Permission to settle had often been given verbally without any written evidence, so many claimants were unable to prove permission, though they had long occupied the land. Next, the Board became perplexed over the distinction between the Spanish requirement of establishment or improvement and the Act of Congress requiring inhabitation and cultivation by a certain date. And more substantially, the Board had some difficulty in determining the intended meaning of the phrase, “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.” (Territorial Papers, Vol. 13, pg 393-394, 493-501; ASP:PL, Vol. 2, pg 560-561).

Following a correspondence from William Carr, and subsequent consultations with the President of the United States, the Attorney General and others, Albert Gallatin, the Secretary of the Treasury, sent further instructions to the Board of Commissioners in a letter dated March 26, 1806, addressing the interpretation of the second section of the Act of March 2, 1805, chapter 26, and whether permission to settle must be proven or merely presumed. The second section of the act was to be construed to grant the quantity specified by the Spanish regulations according to the size of the family with a maximum of one mile square. In regard to permission to settle, Mr. Gallatin advised the Board that if Congress had not provided for a particular circumstance, then the Board was to reject the claim and make note of its merits in the report that they were to provide upon completion of their work. Mr. Gallatin further admonished the Board to strictly adhere to the letter of the law and leave it to Congress to fix any problems with the legislation (Territorial Papers, Vol. 13, pg 462; ASP:PL, Vol. 2, pg 561).

Congress responded to the deficiencies found in its previous legislation by passing the Act of April 21, 1806, chapter 39, An Act supplementary to an act intituled “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 391).

The first section of the Act addressed the situation where evidence was not available to prove that the “permission of the proper Spanish officer” had been obtained, as required by the second section of the Act of March 2, 1805, chapter 26. Permission was to be presumed, if an actual settlement had been commenced prior to October 1, 1800 and the land had been continuously inhabited and cultivated for three years prior to December 20, 1803.

The second section of the Act addressed the situation in which a claim could be made under the first section of the previous Act, but the claimant was under the age of 21. This may be the case when a tract of land was conceded for the benefit or support of a minor. In addition to the requirements of the previous Act, the tract had to have been inhabited and cultivated for ten consecutive years prior to December 20, 1803.

The seventh section of the Act authorized the Board of Commissioners to travel to locations more convenient to the claimants in order to receive oral evidence in support of or in opposition to claims.

The eighth section of the Act directed the Board of Commissioners in their proceedings and decisions to conform to the instructions that the Secretary of the Treasury may submit to them. The Secretary of the Treasury was also to prescribe the forms for the reports and transcripts the Board was to prepare.

In a letter, dated May 7, 1806, Mr. Gallatin notified the Board of Commissioners of the recently passed Act and provided them a copy. He stated that the required forms would be sent in due time. As far as instructions, he reiterated his instructions from March 26, 1806 and emphasized that they were to adhere to the letter of the law. They were not to confirm any claim that was not provided for by existing legislation (Territorial Papers, Vol. 13, pg 507; ASP:PL Vol. 3, pg 356).

By August 1806 Mr. Gallatin had decided that maybe he should prepare a formal set of instructions for the proceedings and decisions of the Board of Commissioners and sought the advice and approval of the President of the United States (Territorial Papers, Vol. 13, pg 567). The final form of the instructions was sent to the Board of Commissioners with a letter, dated September 8, 1806 (ASP:PL, Vol. 3, pg 356).

By the time the Board of Commissioners received the instructions sent by Mr. Gallatin, they had supposed they were nearly finished with their work. In a letter to Mr. Gallatin, dated October 22, 1806, Commissioners Lucas and Penrose informed him that at such a late stage in the process these new instructions would require a considerable revision of the claims upon which decisions had already been made. They proposed to finish examining the remaining claims according to the new instructions and to then prepare appropriate transcripts and reports for his consideration as to how to proceed from there (Territorial Papers, Vol. 14, pg 19).

James Donaldson, the Recorder of Land Titles, had in October 1806 taken his family and gone back to Baltimore, Maryland (Territorial Papers, Vol. 14, pg 21, 27, 64). Judge John B. C. Lucas and Clement Penrose remained as commissioners with Penrose claiming to have been deputized by Donaldson as Recorder before he departed. This being the situation, Judge Lucas informed the Secretary of the Treasury in a letter, dated November 4, 1806, that he would not continue until either a replacement for Mr. Donaldson was appointed or further instructions from the Secretary were received (Territorial Papers, Vol. 14, pg 27, 40).

The proceedings of the Board of Commissioners had not been without its drama. James Donaldson and Clement Penrose, having similar sympathies and opinions, formed a majority of the Board and proceeded to advance their decisions without regard to the dissent of Judge Lucas. Donaldson and Penrose were more liberal in their judgements and more sympathetic to the claimants, whereas Judge Lucas was more strict in his interpretation of the law. This element of contention led Donaldson and Penrose to make every effort to exclude Judge Lucas from the proceedings of the Board. Around August 1806 both Donaldson and Penrose moved their residence to the Army encampment, which was about 14-15 miles away from the established meeting place of the Board in St. Louis. As a result, their attendance was irregular and often at odd hours when neither Judge Lucas nor William Carr, the agent for the United States, was present. Since they formed a majority of the Board, they conducted business wherever and whenever they chose. They even concocted a scheme to go to the southern settlements to conduct business and after they were informed that Judge Lucas had departed for the location, they rescinded the decision and continued in St. Louis without him (Territorial Papers, Vol. 14, pg 58).

Apparently, Donaldson had been planning his departure for some time. In a letter to his father-in-law in Baltimore, dated July 6, 1806, he expressed his desire to finish the business of the Board as soon as possible. He intended to depart in October and was making every effort to complete the work so that his departure would not be delayed (Territorial Papers, Vol. 13, pg 537). Judge Lucas reported to the Secretary of the Treasury in a letter, dated January 4, 1807, that Donaldson had left St. Louis on his way to New Orleans on October 8, 1806 before the last instructions had been received from the Secretary (Territorial Papers, Vol. 14, pg 64).

So with the Recorder of Land Titles gone and the two remaining commissioners at odds and unable to agree on anything, the progress of the Board was at a standstill (Territorial Papers, Vol. 14, pg 36). Judge Lucas continued to report to the Secretary of the Treasury (Territorial Papers, Vol. 14, pg 27, 40, 52, 58, 81) and Penrose took it upon himself to prepare an opinion of the “majority” of the Board (meaning himself and Donaldson) on a classification of the claims along with a report from the Recorder’s books and his own opinions as to provisions to be addressed by future legislation (Territorial Papers, Vol. 14, pg 47).

Secretary Albert Gallatin finally responded in a letter, dated February 13, 1807, stating that new legislation was pending in Congress that would make yet more changes. He requested that they discontinue rendering decisions, but advised them that they may continue to receive evidence until they received further instructions (Territorial Papers, Vol. 14, pg 97).

SOURCES

American State Papers: Public Lands (ASP:PL)

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

U. S. Statutes as Large

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original composition by Steven E. Weible

Survey 141 of Sainte Genevieve & New Bourbon Series

Plat and description of the survey of a lot in Block number three 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 "one hundred and eighty feet front by three hundred and sixty feet deep," confirmed to Louis Leclere 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 first 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, the north west corner of this lot which is also the northwest corner of Block number three, at the intersection of the southern edge of fourth street with the eastern edge of Gabori street.

Thence south six degrees and fifteen minutes east, along the western boundary line of this lot and the eastern edge of Gabori street -- at one hundred and eighty two feet and four inches a lime stone, the south west corner of this lot and the northwest corner of the lot of Veuve Leclere's legal representatives, survey numbered one hundred and forty three.

Thence north seventy nine degrees and fifteen minutes east, along the southern boundary of this lot and the northern boundary of the lot of Veuve Leclere; -- at two hundred and thirteen feet a lime stone, the north east corner of the lot of Veuve Leclere, and the north west corner of the lot of Vital Beauvais' legal representatives, survey numbered one hundred and forty two; -- continue the same course with the northern boundary of the lot of V. Beauvais -- at four hundred and twenty six feet a lime stone on the western edge of Common Field street, the south east corner of this lot and the northeast corner of the lot of Vital Beauvais.

Thence north two degrees and thirty five minutes west, along the eastern boundary of this lot and the western edge of Common Field street, -- at one hundred and sixty six feet and seven inches the north east corner of this lot and block at the intersection of the western edge of Common Field street with the southern edge of fourth street.

Thence south eighty one degrees and twenty five minutes west along the northern boundary of this lot and the southern edge of fourth street, at four hundred and thirty six feet and four inches the beginning corner.

Surveyor's Office, Saint Louis  March 12th 1845

The above plat and description of Survey number one hundred and forty one of Sainte Genevieve and New Bourbon lands are correctly copied from pages 261 and 262 of the Book of Records 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 Esq
U. S. Recorder of land titles
   St. Louis Mo


Transcriber's note:
Fourth Street is now Jefferson Street
Gabori Street is now North Main Street
Common Field Street is now Front Street

(transcribed from Missouri State Land Survey scan file: Y0820068.pdf)

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transcribed by Steven E. Weible

Block 3 - Survey 114 - Sainte Genevieve & New Bourbon Series

Plat and description of the survey of the exterior boundary lines of block No. 3 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 S.W. corner of the block at the intersection of the N.W. edge of Third Street with the Eastern edge of Gabori Street, where I set a lime stone with its S.W. corner at the S.W. corner of the block; thence N77°10'E along the N.W. edge of Third Street, the S.E. boundary of the block, 416 1/3 feet to the S.E. corner of the block at the intersection of the N.W. edge of Third Street with the western edge of Common Field Street, where I set a lime stone with its S.E. corner at the S.E. corner of the block; thence N2°35'W along the Western edge of Common Field Street, the Eastern boundary of the block, 333 1/4 feet to the N.E. corner of the block at the intersection of the Western edge of Common Field Street with the S.E. edge of 4th Street, being at the old enclosure of the block; thence S81°25'W 436 1/3 feet to the N.W. corner of the block at the intersection of the S.E. edge of 4th Street with the Eastern edge of Gabori Street, where I set a lime stone with it N.W. corner at the N.W. corner of the block; thence S6 1/4°E along the Eastern edge of Gabori Street, the Western boundary of the block, 364 1/3 feet 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 229-230, Missouri State Land Survey microfiche location: 724/0469B3)

Transcriber's note:
3rd Street is now Merchant Street
4th Street is now Jefferson Street
Gabori Street is now North Main Street
Common Field Street is now Front Street

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transcribed by Steven E. Weible