Antoine Soulard: Surveyor General for Upper Louisiana

This article has been modified. See Chapter 4 of "It Was Not Quick and It Was Not Simple: The Saga of Private Land Claims in Missouri". (Go to book now.)

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

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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

Grants of Land in Upper Louisiana

This article has been modified. See Chapter 1 of "It Was Not Quick and It Was Not Simple: The Saga of Private Land Claims in Missouri". (Go to book now.)

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

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

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

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

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

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

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

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

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

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

Petition:

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

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

          PURNEL HOWARD, + mark.

St. André, November 11, 1799.

Recommendation of the local commandant:

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

SANTIAGO [JAMES] MACKAY.

St. André, November 11, 1799.

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

Concession by Lieutenant Governor:

St. Louis of Illinois, November 25, 1799.

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

CARLOS DEHAULT DELASSUS

Plat of Survey:

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

Surveyor's certificate:

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

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

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

ANTONIO SOULARD, Surveyor General

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

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

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

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

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

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

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

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

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

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

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original composition by Steven E. Weible