Claims to Land and the Board of Revision

This article has been modified. See Chapter 6 of "It Was Not Quick and It Was Not Simple: The Saga of Private Land Claims in Missouri". (Go to book now.)

The work of the first Board of Commissioners for the adjustment of land titles in the Territory of Louisiana may as well have been a trial run, given the numerous changes throughout the process and the ultimate failure to complete the task. From the outset the United States government was suspicious of attempts to fraudulently acquire land. As a result, Congress passed legislation consistent with what they believed the Spanish regulations to have been, honoring the claims of bona fide settlers, while trying to exclude the fraudulent claims. The plan seemed to be one of strict application in the beginning with the option to revise the legislation as more information became available about the merit of the claims (Territorial Papers, Vol. 14, pg 79). Thus the Board of Commissioners began with insufficient instructions, attempted to identify and work through the deficiencies, were challenged by legislative changes throughout the process and when they believed they were nearly done, were presented with new rules that would require a revision of nearly all of the claims examined to that point.

In an effort to incorporate all of the lessons learned and to address all of the concerns identified up to that time, Congress passed the Act of March 3, 1807, chapter 36, An Act respecting claims to land in the territories of Orleans and Louisiana (U. S. Statutes at Large, Vol. 2, pg 440).

The first section of the act repealed that part of the first section of the Act of March 2, 1805, chapter 26 (U. S. Statutes at Large, Vol. 2, pg 324), that required the claimant to be the head of a family or over the age of twenty-one years.

The second section of the act provided for the confirmation of tracts of land not exceeding two thousand (2000) acres (equal to 2351 arpents), that had been possessed for ten consecutive years prior to December 20, 1803 by a person or persons actually resident in the territory of Louisiana and still in possession of the tract of land. Lead mines and salt springs could not be confirmed under this section of the act.

The fourth section of the act gave the Board of Commissioners full powers to decide upon claims to land not exceeding one league square (equal to 7056 arpents or 6002.5 acres) according to the laws and established usages and customs of the French and Spanish governments. The claimant had to have been an inhabitant of Louisiana on December 20, 1803 and the tract could not contain a lead mine or a salt spring.

The fifth section of the act extended to July 1, 1808 the time for filing written notice and evidence of a claim to land with the recorder of land titles.

The sixth section of the act provided that a transcript of confirmations was to be transmitted to the Secretary of the Treasury and the surveyor-general. The Board of Commissioners was to deliver to each claimant a certificate stating the circumstances of the case with notice that the claimant is entitled to a patent for the tract of land designated in the certificate. The claimant was then to file the certificate with the recorder of land titles within twelve months. The recorder of land titles would then issue another certificate, which was to be submitted to the Secretary of the Treasury. A patent would then be issued in the same manner as for the public lands.

The eighth section of the act required the commissioners to prepare a report of the claims that were not confirmed by the fourth section of the act. The report would be submitted to Congress for their final determination.

James L. Donaldson, who had abandoned the office of Recorder of Land Titles for the Territory of Louisiana, was replaced by Frederick Bates, who was commissioned by President Thomas Jefferson on February 4, 1807 (Marshall, Vol. 1, pg 91). Mr. Bates was also commissioned as the Secretary of the Territory of Louisiana on the same date (Territorial Papers, Vol. 14, pg 117). He had previously served as receiver of public monies, a land commissioner and a judge in various courts in the Territory of Michigan (Marshall, Vol. 1, pg 9). Meriwether Lewis was commissioned by President Thomas Jefferson as Governor of the Territory of Louisiana on March 3, 1807, but he did not begin to function in that capacity until March 8, 1808 (Territorial Papers, Vol. 14, pg 107, 171). Consequently, Frederick Bates, as Secretary of the Territory, also performed the functions of the governor until the arrival of Lewis.

Frederick Bates arrived at St. Louis on April 1, 1807 and soon thereafter joined with Judge John B. C. Lucas and Clement B. Penrose to resume the work of the Board of Commissioners as a Board of Revision (Marshall, Vol. 1, pg 102, 134). The Secretary of the Treasury, Albert Gallatin, sent a letter, dated April 2, 1807, providing updated instructions for their proceedings as a result of changes enacted by the latest Act of Congress (Marshall, Vol. 1, pg 93).

All of the decisions of the former Board of Commissioners had to be reexamined under the new provisions of the legislation. The instructions that Secretary Gallatin had previously sent under date of September 8, 1806 were still applicable, unless they conflicted with the new legislation, in which case the new legislation would take precedence. Restrictions were still in force as to claims on which the commissioners were not authorized to decide.

Certificates issued for approved claims were to be numbered progressively in the order in which they were issued, beginning with No. 1. Each certificate was to specify the name(s) of the original claimant, the present owner, the nature of the claim (i.e., concession, order of survey, settlement right, etc.) and the location of the tract of land. If a survey had already been executed, it was to be appropriately referenced. If a survey had not yet been performed, precise directions were to be given as to where and how the tract was to be surveyed. The area was to be stated in either acres or arpents. The Clerk of the Board was to keep a register of the certificates that were issued and he was to send to the Secretary of the Treasury a list of certificates issued each month. The Recorder of Land Titles was also to keep a separate register for the patent certificates to be issued by him and he was to send a monthly report to the Secretary of the Treasury. The patent certificate was to include the description from the survey and it had to specify by whom the survey was performed.

In a letter, dated May 30, 1807, Frederick Bates informed Mr. Gallatin, that he had received the instructions and that the Board of Revision was then meeting every third day to receive testimony in support of land claims (Marshall, Vol. 1, pg 134).

The Commissioners of the Board of Revision passed a resolution on June 13, 1807, stating their plan to make a circuit of the Territory in order to receive testimony from the land claimants in the distant settlements (Marshall, Vol. 1, pg 158; Territorial Papers, Vol. 14, pg 130, 142, 182). They planned to visit St. Charles in August 1807, Sainte Genevieve in November 1807, Cape Girardeau and New Madrid in March 1808 and Camp Esperance in April 1808. During the intervening periods of time, they planned to continue their sessions in St. Louis.

Frederick Bates reported to Secretary Gallatin on February 9, 1808 that the Board of Revision had only received testimony and had not yet made any decisions. They first wanted to settle all the principles upon which their decisions were to be made to avoid the problems encountered by the first Board of Commissioners (Marshall, Vol. 1, pg 280, 300). In addition, the specifications for confirmation in the various acts of Congress were such that some claims were considered as having higher merit than others. It was, therefore, imperative to ensure that those of higher merit were given the senior right where a conflict may exist. This could only be accomplished by delaying their decisions until after all testimony had been received (Territorial Papers, Vol. 14, pg 366).

The trips to St. Charles and Sainte Genevieve were completed as planned in 1807 (Marshall, Vol. 1, pg 283). The travel plans for 1808, however, were modified due to the inconvenience of traveling at such an early time of the year. The Commissioners of the Board of Revision decided to delay until May 1808 and to send only one member of the Board to receive testimony instead of all three. Frederick Bates, the Recorder of land titles, was selected to make the trip. Since he could not read or understand French or Spanish, Marie Philippe LeDuc, the translator, was to accompany him. Judge Lucas and Clement Penrose were to remain in St. Louis and continue the sessions of the Board there (Territorial Papers, Vol. 14, pg 182).

Frederick Bates, accompanied by Marie Philippe LeDuc, began his circuit of the southern settlements in late May 1808 (Territorial Papers, Vol. 14, pg 190). He reported to Secretary Gallatin on July 22, 1808 from the Village of Arkansas that he had visited all of the settlements between there and Cape Girardeau, collecting evidence and testimony (Marshall, Vol. 2, pg 7). On August 15, 1808 he made report to the Board of Commissioners and submitted the records for their consideration (Marshall, Vol. 2, pg 11). It was later reported that he had collected testimony on 1121 claims (Territorial Papers, Vol. 14, pg 366).

The Board of Revision posted notice on August 24, 1808 that they intended to meet every day, except Sunday, until the first of November 1808 to receive testimony and continue the business of the Board (Territorial Papers, Vol. 14, pg 222). Finding, however, that the business could not be completed by that time, they extended the date to December 1, 1808 and subsequently pushed the date back to January and then March 1809 to give claimants every opportunity to present testimony in support of their claims (Territorial Papers, Vol. 14, pg 231, 241, 249, 366). In a letter, dated November 26, 1808, the Board notified Secretary Gallatin that with the amount of work yet to be done they would not be able to complete a report for the current Session of Congress. They also reminded him that provision for their compensation would end on January 1, 1809 (Marshall, Vol. 2, pg 42).

On February 1, 1810 the Commissioners of the Board of Revision reported to Secretary Gallatin that they had received 3056 claims for land and that they had begun rendering decisions on December 8, 1808. Of the 3056 claims, 2699 claims had supporting testimony, while the remaining 357 claims had none. Only 8 claims were determined to have complete titles. Claims that were confirmed by the Board, but which had not yet been surveyed, were not issued a certificate until a survey could be completed. They reported that they had so far finally decided on 638 claims. Certificates had been issued on 323 claims, surveys were ordered for 167 claims and 139 claims had been rejected. The Board noted that there was still much work to be done and they again reminded the Secretary that compensation was still an issue (Territorial Papers, Vol. 14, pg 366).

Secretary Gallatin reported in a letter, dated May 5, 1810, that Congress had failed to pass legislation providing for continued compensation for the commissioners, the clerk of the board and the translator. He urged them, however, not to be discouraged by a lack of compensation, but to continue with all haste so that their final report could be submitted to the next session of Congress (Territorial Papers, Vol. 14, pg 404).

In a letter, dated November 7, 1810, Thomas Riddick, the Clerk of the Board of Revision, reported to Secretary Gallatin that the Board had so far finally decided on 1692 claims. Certificates had been issued on 524 claims, surveys were ordered for 423 claims and 745 claims had been rejected. He also reminded the Secretary that he continued to labor without compensation (Territorial Papers, Vol. 14, pg 421).

Congress finally made provision for compensation in passing the Act of March 3, 1811, chapter 46, An Act providing for the final adjustment of claims to lands, and for the sale of the public lands in the territories of Orleans and Louisiana (U.S. Statutes at Large, Vol. 2, pg 662). Each commissioner and the clerk of the Board were allowed 50 cents for each duly filed claim that remained undecided on July 1, 1809 and on which a decision was finally made, whether confirmed or rejected. A further compensation of 500 dollars was to be paid after all of the work was completed and the transcripts and reports had been submitted to the Secretary of the Treasury. The translator was allowed 600 dollars per year, not to exceed a term of 18 months.

Secretary Gallatin informed the Commissioners of the Board of Revision in a letter, dated April 24, 1811, that compensation for the claims that were ultimately rejected could not be paid until their final report was submitted. Compensation for the claims that were confirmed and on which certificates had been issued, however, could be paid when the report of certificates issued each month was submitted as previously directed (Marshall, Vol. 2, pg 172).

The plan for compensation was not well received by the commissioners, the clerk or the translator and there were rumblings of resignation that threatened to bring a halt to the proceedings (Marshall, Vol. 2, pg 178, 180). Nevertheless, they labored on and the Clerk of the Board reported to Secretary Gallatin on January 20, 1812 that the business of the Board of Revision had been completed (Marshall, Vol. 2, pg 214). Frederick Bates reported on January 27, 1812 that the final report of the Board of Revision had been entrusted to Clement Penrose for delivery to the Secretary of the Treasury (Marshall, Vol. 2, pg 216).

The Board of Revision issued 1342 confirmation certificates, one of which was determined to be a duplicate and was declared void. The final report identified about 2055 claims that were not approved according to the provisions of the existing legislation (ASP:PL Vol. 2, pg 388). At the time that he delivered the final report, Clement Penrose offered a classification of the claims that were not approved and included his personal recommendations. He acknowledged that there were claims that lacked merit and should never be confirmed, but that many claims, although not meeting the requirements of the existing legislation, did have merit and in all justice should be approved by some future legislation (ASP:PL Vol. 2, pg 377).

SOURCES

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

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

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original composition by Steven E. Weible

Claims to Land and the First Board of Commissioners

This article has been modified. See Chapter 3 of "It Was Not Quick and It Was Not Simple: The Saga of Private Land Claims in Missouri". (Go to book now.)

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

Upper Louisiana in Transition

This article has been modified. See Chapter 2 of "It Was Not Quick and It Was Not Simple: The Saga of Private Land Claims in Missouri". (Go to book now.)

“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


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original composition by Steven E. Weible