Showing posts with label general land office. Show all posts
Showing posts with label general land office. Show all posts

Sunday, January 3, 2021

Claims to Land and the Fifth Principal Meridian

This article has been modified. See Chapter 10 of "It Was Not Quick and It Was Not Simple: The Saga of Private Land Claims in Missouri". (Go to book now.)


The final report of the Board of Revision was expected to reach Secretary of the Treasury Albert Gallatin around the first of March 1812 (Marshall, Vol. 2, pg 216). Soon after the report arrived at its destination, those having certificates for confirmed claims began requesting patents. The land descriptions in the certificates were vague, however, having no reference to adjoining tracts or any common point. By April 1812 Secretary Gallatin had refused to issue any more patents based on these vague descriptions. It was clear that the boundary surveys would have to be completed before the tracts of land could be given a definite location. Thus Secretary Gallatin wanted the principal deputy surveyor to survey all of the confirmed claims, connecting them relative to one another (Territorial Papers, Vol. 14, pg 546).

Section five of the Act of June 13, 1812, chapter 99 (U. S. Statutes at Large, Vol. 2, pg 748), directed the principal deputy surveyor to survey into townships as much land as may be directed by the President of the United States along with all of the confirmed private claims that had not already been surveyed under the authority of the United States. The principal deputy surveyor was further directed to make out a “general and connected plat” of all of the surveys to be made by him along with all those that had already been made.

Meanwhile, the General Land Office was created by the Act of April 25, 1812, chapter 68, An Act for the establishment of a General Land Office in the Department of the Treasury (U.S. Statutes at Large, Vol. 2, pg 716). Edward Tiffin from Ohio was nominated by President James Madison to be Commissioner of the General Land Office and was confirmed by the U.S. Senate on May 6, 1812 (Senate Executive Journal, Vol. 2, pg 262-263). His duties were to manage all activities relating to the public lands of the United States and other lands patented or granted by the United States, as had previously been handled by the offices of the Secretary of State, Secretary and Register of the Treasury and Secretary of War.

Later in 1812 Jared Mansfield resigned as Surveyor General of the United States and returned to the U.S. Military Academy at West Point to take the position of professor of natural and experimental philosophy, which had been newly created by the Act of April 29, 1812, chapter 72 (U.S. Statutes at Large, Vol. 2, pg 720). Josiah Meigs from Georgia was nominated by President James Madison to replace Mansfield and was confirmed by the U.S. Senate on November 16, 1812 (Senate Executive Journal, Vol. 2, pg 303-304). On November 24, 1812, Edward Tiffin sent Meigs his commission and directed him to go to Cincinnati, Ohio, to assume his duties. Tiffin expected that there should be general instructions in the office as had been given to Mansfield by the Secretary of the Treasury to provide Meigs sufficient guidance and direction. Meigs arrived in Cincinnati on March 22, 1813 to find that the first clerk of the office had died (Territorial Papers, Vol. 8, pg 215).

Understandably, Josiah Meigs was uncertain as to how he should proceed. He would later write to Edward Tiffin, “I hope you will not think me timid if I ask you direction for my Conduct” (Territorial Papers, Vol. 14, pg 691). He desperately wanted Mansfield to come back and explain it all to him (Territorial Papers, Vol. 8, pag 215).

In a letter to Meigs, dated June 22, 1813, Principal Deputy Surveyor Silas Bent expressed his concerns about the surveys to be done in the Territory of Missouri. He emphasized his belief that the public lands and the confirmed private claims should be surveyed at the same time. The township and section lines would serve as a framework on which to connect the private claims and a means to check for and detect errors in the measurements. He advocated for a system of meridian and standard lines such as had been implemented by Jared Mansfield for the public lands in the Territories of Indiana and Illinois. He was concerned, though, that the area over which the private claims were scattered was too extensive to have authorized, since the President of the United States would have to direct that it be done (Territorial Papers, Vol. 14, pg 681).

Bent noted that it might be difficult to run a meridian north from the south boundary of the territory because of the damage done by the New Madrid earthquakes, which had continued over the past eighteen months. It might, therefore, be better to establish the meridian north of that area and then push it to the south. He concluded his letter by stating that it was not an easy matter to find an exceptional solution that would satisfy all the concerns related to the survey of the private claims (Territorial Papers, Vol. 14, pg 681).

Meigs further solicited the opinions of William Rector, a deputy surveyor working in the Kaskaskia District of the Territory of Illinois, as to the best plan for surveying the confirmed private claims in the Territory of Missouri. Rector responded in a letter, dated July 24, 1813, advocating for reckoning the ranges from the Third Principal Meridian in the Territory of Illinois and extending its Base Line across the Mississippi River into the Territory of Missouri. His reasoning rested on the belief that the extension of an existing system would cause less confusion than the introduction of a new one. Rector stressed the necessity of surveying enough township exteriors so as to enclose the confirmed private claims before any of those claims were surveyed. Once the township exteriors were in place, the private claims could then be surveyed and referenced to them. It would not be necessary to further divide the townships into sections at that time unless there were only a few private claims in the township (Territorial Papers, Vol. 14, pg 688). This plan would be sufficient to prepare a connected plat of the private claims to meet the immediate need for issuing patents. The townships could then be subdivided into sections at a later time to facilitate the sales of the intervening public lands.

Meigs forwarded the comments from Bent and Rector to Edward Tiffin in a letter, dated July 26, 1813, noting that he approved of Rector’s idea to use the Third Principal Meridian and its Base Line, which, he stated, was located about 24 miles south of the mouth of the Missouri River. He further noted that, if the entire area between the Arkansas River and the Missouri River was to be surveyed into townships, it would probably be advantageous to run a second Base Line about 150 to 160 miles south of the mouth of the Missouri River (Territorial Papers, Vol. 14, pg 690).

Edward Tiffin responded by letter, dated August 12, 1813, inquiring of Meigs whether he had found any instructions in his office pertaining to the surveying of the public lands, confirmed private claims and donation claims in the Territory of Missouri. Neither the Secretary of the Treasury nor the President of the United States was available at that time to give direction, so no surveying could be authorized to proceed. Tiffin, however, offered his own observations, noting that he agreed with Silas Bent that the public lands and the confirmed private claims should be surveyed at the same time. He thought that the Base Line of the Third Principal Meridian was too far north and wondered if it would be better instead to run a new Base Line west from the mouth of the Ohio River. He also suggested that it might be better to run a meridian north from about the mouth of the Arkansas River instead of pushing it south from a point on the Missouri River (Territorial Papers, Vol. 14, pg 695).

Meigs replied on August 24, 1813, reporting that he had found no particular instructions in his office relative to surveys in the Territory of Missouri, but that Secretary Gallatin had wholly approved of the system devised by Jared Mansfield. He conceded that Tiffin’s ideas appeared correct, being consistent with the plan that Mansfield had implemented. He also noted that he had designated William Rector to replace Silas Bent as Principal Deputy Surveyor in the Territory of Missouri. Bent had been commissioned in February 1813 as a Judge of the Superior Court of the Territory of Missouri (Territorial Papers, Vol. 14, pg 631) and could no longer give his full attention to the duties of Principal Deputy Surveyor. Consequently, the acting Secretary of the Treasury had ordered a replacement (Territorial Papers, Vol. 16, pg 355).

William Rector was commissioned on September 14, 1813 (Territorial Papers, Vol. 15, pg 345) and assumed his new duties in St. Louis in November 1813. On November 18, 1813, he reported to Josiah Meigs that he had received from Silas Bent all of the papers belonging to the Principal Deputy Surveyor. Having reviewed the information and become more acquainted with the work for which he was now responsible, he affirmed his belief that townships should be laid out before any of the confirmed private claims were surveyed. He had consulted with men familiar with the territory and had developed an idea of the limits of the area that would include the majority of the confirmed private claims. The area was bounded on the north by an east-west line about 50 miles north of St. Louis, on the west by a north-south line about 60 miles west of St. Louis, on the south by the Arkansas River and on the east by the Mississippi River (Territorial Papers, Vol. 14, pg 707, 709).

During this time, the United States was fighting the War of 1812. Congress had declared war with the United Kingdom of Great Britain and Ireland by the Act of June 18, 1812, chapter 102 (U.S. Statutes at Large, Vol. 2, pg 755). Most of the battles between the U.S. and British militaries were fought around the Great Lakes and along the Atlantic coast. The frontiers of the northwest and the Mississippi Valley, however, were kept in a constant state of alarm by hostile Indians, who were being supplied and encouraged by the British. As a result, the prospects for surveying in the Territory of Missouri were doubtful and no appropriations were made by Congress (Territorial Papers, Vol. 14, pg 766).

In preparation for the expected war, Congress had passed the Act of December 24, 1811, chapter 10, An Act for completing the existing Military Establishment (U.S. Statutes at Large, Vol. 2, pg 669) and the Act of January 11, 1812, chapter 14, An Act to raise an additional Military Force (U.S. Statutes at Large, Vol. 2, pg 671). Each effective, able-bodied man, who enlisted in the military as a non-commissioned officer or soldier and faithfully discharged his duty during his term of service, was promised 160 acres of land. The Act of May 6, 1812, chapter 77, An Act to provide for designating, surveying and granting the Military Bounty Lands (U.S. Statutes at Large, Vol. 2, pg 728), reserved a total of six million acres of land, fit for cultivation, to satisfy the bounties promised to soldiers. Of that total, two million acres were to be located in the Territory of Missouri between the St. Francis River and the Arkansas River. The lands so designated were to be laid off into townships and subdivided into sections and then quarter sections of 160 acres.

While the war stymied surveying activities in the Territory of Missouri, there were some changes ahead that would affect its administration in the future. On March 28, 1814 Edward Tiffin wrote to President James Madison, lobbying for an exchange of positions with Josiah Meigs. He stated, “I am sure I fully comprehend the principles upon which Mr. Gallatin and Mr. Mansfield the former Surveyor General acted relative to the surveys in the western country and ... that I could have the work done, and the returns made, at least equally as well, if not in a superior manner to what it has ever yet been, north west of the Ohio” (Madison Papers). Josiah Meigs followed up with a letter to the President, dated April 3, 1814, indicating that “If, in the opinion of the President and Senate, this would advance the public interest, it would be acceptable to the Subscriber” (Madison Papers).

On Monday, October 10, 1814, Meigs resigned as Surveyor General of the United States and Tiffin resigned as Commissioner of the General Land Office (Madison Papers). On that same day President Madison presented nominations to the U.S. Senate for their new positions. The Senate confirmed the appointments the next day on October 11, 1814 (Senate Executive Journal, Vol. 2, pg 534; Territorial Papers, Vol. 8, pg 313).

After the war had ended, Josiah Meigs, as Commissioner of the General Land Office, wrote to the President on March 6, 1815, concerning the surveys of the military bounty lands. For the surveys in the Territory of Missouri, he suggested establishing a meridian line run north from the mouth of White River (Territorial Papers, Vol. 10, pg 514). On March 9, 1815, Edward Tiffin, as Surveyor General of the United States, wrote to Meigs, proposing to run a base line west from the mouth of the St. Francis River to the Arkansas River. This base line would be the base from which to begin the surveys of the military bounty lands (Territorial Papers, Vol. 10, pg 515).

Meigs wrote to Tiffin on March 23, 1815, stating that the surveys of the military bounty lands were a high priority, but that he would need to consult with the President on how to proceed in the Territory of Missouri. He also directed that the Principal Deputy Surveyor should survey into townships and sections as much as was needed to include the majority of the confirmed private claims. This was also a high priority, because of the outcry from the claimants who couldn’t get their patents until the surveys were completed (Territorial Papers, Vol. 17, pg 154). Meigs wrote to Tiffin again on March 24, 1815, advising that upon further consideration, he thought it would be proper to have a Standard Meridian run from the confluence of the Arkansas River and the Mississippi River with a parallel run west from the mouth of the St. Francis River for the surveys of the military bounty lands (Territorial Papers, Vol. 15, pg 20).

Meigs further inquired of William Rector about a plan for surveying the townships needed to connect the confirmed private claims. Rector responded on April 17, 1815 still committed to extending the surveys from the Third Principal Meridian. He proposed to start in the Illinois Territory where the south boundary of Township 2 South intersected the Mississippi River. He proposed to extend that line west across the river (somehow), set a township corner and then mark off eight ranges (48 miles) west. From that endpoint he proposed to mark the range line (or meridian line) south until it intersected either the Mississippi River or the Arkansas River and north until it intersected the River Jeffreon (the identity of which is uncertain). Next, he proposed that township lines (or correction lines) be marked off east of his meridian line to intersect the Mississippi River. The first correction line would be seven townships (42 miles) north of his base line and the rest would be every sixth township (36 miles) south of his base line. The correction line at 36 townships (216 miles) south of his base line would be extended west until it intersected the Arkansas River. His base line would also be extended west for an additional 12 ranges (72 miles). The correction line seven townships (42 miles) north of his base line would be extended west until it intersected the Indian boundary, which would have to be marked north from the bank of the Missouri River across from the mouth of the Gasconade River. Setting up a framework such as this would allow several deputies to simultaneously begin laying off the townships so that the confirmed private claims could be surveyed (Territorial Papers, Vol. 15, pg 26).

On July 26, 1815 Edward Tiffin wrote to Josiah Meigs informing him that instructions had been prepared for William Rector to survey the two million acres for military bounty lands. A meridian line was to be accurately run due North from the confluence of the Arkansas and Mississippi Rivers far enough to intersect a base line run due West from the confluence of the St. Francis and Mississippi Rivers. The bounty lands were then to be laid off from these base and meridian lines. Tiffin also noted, “I have been assured by every one acquainted with the lower country that on account of the Inundations, the undergrowth, weeds & Flies of various descriptions, no mortal man could take the woods before October either North of the Illinois or in Missouri” (Territorial Papers, Vol. 15, pg 72 & Vol. 17, pg 203).

Tiffin wrote to Meigs again on August 29, 1815 informing him that William Rector had been further directed to lay off a number of Ranges and to run the exterior boundaries of about 200 townships so that the confirmed private claims could be surveyed (Territorial Papers, Vol. 15, pg 79).

On October 9, 1815 William Rector entered into contracts for the surveys of the Fifth Principal Meridian, its Base Line and the military bounty lands. Prospect K. Robbins was contracted to survey “a line due North agreeably to the true meridian, from the confluence of the Arkansas and Mississippi rivers to the Southerly bank of the Missouri river, which said line is known and termed on the annexed plat - The fifth principal meridian” (MoSLS microfiche: 720/3286B3). Joseph C. Brown was contracted to “survey a Base Line due west, from the mouth of the St. Francis river to the Arkansas River...” He was further instructed to lay off a number of township exteriors south of the Base Line and east of the Fifth Principal Meridian and then to subdivide into sections other townships south of the Base Line and west of the Fifth Principal Meridian. He was also instructed to “lay out and Survey all the confirmed claims of individuals for land that may fall or lye within the Townships above mentioned that are to be subdivided (if any there be) and lay said surveys of claims down connectedly on the plats of the Townships ...” (Territorial Papers, Vol. 15, pg 89).

Additional contracts were made with other deputy surveyors to lay out the township exteriors and to subdivide the townships for the military bounty lands. These deputy surveyors included: Byrd and Charles Lockhart, October 12, 1815; Daniel and John C. Sullivan, October 17, 1815; William L. May and Nelson Rector, October 25, 1815; Angus L. Langham, October 25, 1815; Stephen Rector, October 27, 1815; Thomas Cox, November 1, 1815; Elias Rector and Gabriel Field, November 4, 1815; Stephen Hempstead, November 7, 1815; and Henry Elliott, November 17, 1815. William Russell was contracted on December 2, 1815 to survey all of the private claims that had been confirmed by the Board of Revision that were located within the area being laid off for military bounties between the Arkansas River and the St. Francis River (Territorial Papers, Vol. 15, pg 91).

On January 15, 1816, William Rector reported to Edward Tiffin that the Fifth Principal Meridian had been surveyed from the confluence of the Mississippi and Arkansas Rivers to the south bank of the Missouri River, a total of three hundred and seventeen miles 32 chains and 76 links. The intersection with the south bank of the Missouri River was located about thirty-six miles west of St. Louis. He further reported that the Base Line had been surveyed from the mouth of the St. Francis River to the Arkansas River, a length of 84.5 miles (Territorial Papers, Vol. 15, pg 103). With a reference system now established, the surveys of the confirmed private claims could proceed with earnest.

Fifth Principal Meridian at the west side of Township 21 North, Range 1 East
at the Missouri-Arkansas state line from 1850 township plat.
(Courtesy of the Missouri State Land Survey)

Fifth Principal Meridian at the west side of Township 44 North, Range 1 East
where it intersects the south bank of the Missouri River on the 1853 township plat.
(Courtesy of the Missouri State Land Survey)


Fifth Principal Meridian at the east side of Township 44 North, Range 1 West
where it intersects the south bank of the Missouri River on the 1853 township plat.
(Courtesy of the Missouri State Land Survey)


SOURCES

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

Madison Papers

Senate Executive Journal

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




Tuesday, April 10, 2012

GLO Surveys of Town and Village Lots

This article has been modified. See Chapters 13 and 14 of "It Was Not Quick and It Was Not Simple: The Saga of Private Land Claims in Missouri". (Go to book now.)


Since the late 1600s the French had claimed a vast territory in North America extending from the Appalachian Mountains on the East to the Rocky Mountains on the West and from the Gulf of Mexico north into Canada.  As a result of the French and Indian War, however, the French relinquished this vast territory of Louisiana to Great Britain and Spain in 1763. Great Britain took possession of that portion lying East of the Mississippi River, while Spain took possession of that portion to the West.


From 1763 Spain controlled the development of the territory that would later become the State of Missouri. Lands were granted to settlers and towns were developed during this period, while the fledgling United States divested Great Britain of its holdings in North America and Napoleon Bonaparte rose to power in France. Napoleon persuaded Spain to return Louisiana and, as a result, on October 1, 1800 by the Treaty of San Ildefonso, the Louisiana territory west of the Mississippi River was retroceded to France.

Upon learning of the transfer to France, the United States took steps to negotiate for the acquisition of New Orleans to ensure the passage of trade through that corridor. As circumstances would have it, Napoleon offered up the whole of the Louisiana territory and a treaty was concluded on April 30, 1803, providing for the acquisition that we know today as the Louisiana Purchase.

The United States formally took possession of Lower Louisiana at New Orleans on December 20, 1803 and formally took possession of Upper Louisiana at Saint Louis on March 10, 1804.


Having taken possession of Louisiana, the United States was eager to offer lands for sale in order to raise money for the support of the government. Before that could be done, though, claims to land that had been granted by the Spanish and the French had to be addressed. The Act of March 2, 1805, chapter 26, (U. S. Statutes at Large, Volume 2, page 324) provided for the appointment of commissioners to examine and decide upon the validity of these claims.

At the conclusion of the proceedings this first Board of Commissioners presented a report to the United States House of Representatives on April 22, 1812, in which they characterized the claims in the Territory of Louisiana that had been brought before them (American State Papers, Public Lands, Volume 2, page 377, No. 200). The claims were segregated into various classes, one of which was town and village lots, out lots and common field lots that had been inhabited, possessed and cultivated prior to December 20, 1803, the date on which the United States began to formally take possession of the Louisiana territory. It was estimated by the Board that villages, commons and common fields comprised about one fourth of all of the claims examined. The Board of Commissioners, therefore, recommended that it would be best to make a general confirmation of these towns to the inhabitants and to grant the unclaimed lots to the towns for the support of public schools.

Congress, apparently, saw wisdom in the recommendation of the Board of Commissioners and passed the Act of June 13, 1812, chapter 99 (U. S. Statutes at Large, Volume 2, page 748). This act confirmed those claims to town or village lots, out lots, common field lots and commons, which had been inhabited, cultivated or possessed prior to December 20, 1803. The towns and villages to which the act pertained were: Portage des Sioux, St. Charles, St. Louis, St. Ferdinand (present City of Florissant), Village à Robert (present location of Bridgeton), Carondelet, Ste. Genevieve, New Bourbon, New Madrid and Little Prairie. In each of these towns or villages the principal deputy surveyor was directed to survey and mark the out boundary lines and to prepare plats of the surveys. Those tracts lying within the limits of the towns surveyed, which were not claimed by any individual or the inhabitants in general, were reserved for the support of schools in the town or village in which they were located. The total amount of lands reserved for the support of schools could not exceed 1/20 of the total area enclosed by the general survey of the town or village.

Although this act confirmed the claims to town and village lots, out lots and common field lots, it did not make provision for the survey of the individual claims, only the out boundary was to be surveyed. As a result of this deficiency, Congress passed the supplementary Act of May 26, 1824, chapter 184 (U. S. Statutes at Large, Volume 4, page 65), requiring those claiming town or village lots, out lots and common field lots under the Act of June 13, 1812, chapter 99, to file their claim with the recorder of land titles within eighteen months after the passage of the Act to enable the surveyor general to distinguish the claimed lots from the unclaimed lots. Each claimant was to designate the boundaries and extent of their claim and prove inhabitation, cultivation or possession prior to December 20, 1803. It also extended the Act of June 13, 1812, chapter 99, to include the town of Mine à Burton (present City of Potosi).

As the word reached the towns and villages about the requirements of the Act, claimants began to make their way to St. Louis to file their claims with Theodore Hunt, the recorder of land titles. The first claim was filed on February 13, 1825 by Louis Lemonde for a lot in the City of St. Louis.

A conceptual map depicting the general layout of each town or village was prepared with numbered blocks and identified streets so that each claimant could identify the location of his claim. The claimant then had to identify the bounds of the tract claimed and provide a witness to testify that the requirements of the confirming Act had been met. This information was recorded by the recorder of land titles in a minute book and the name of each claimant was successively added to a numbered list, which came to be known as "Hunt's List of Proofs" or, simply, "Hunt's List."

The following is the "proof" of a claim made by William Clark for a tract located in the Town of Saint Louis and recorded in Minute Book 2 at page 32:

William Clark deriving title from Auguste Chouteau claims a lot in the Town of Saint Louis being part of square No. 12 containing one hundred and twenty feet in front by one hundred and fifty in depth; bounded East by Front Street, which separates it from the Mississippi; North by North E Street; West by Main Street and South by balance of same square.
Copy of deed from Chouteau to Clark left in this office.
Alexander Bellesime being duly sworn says he knows the lot claimed and that upwards of twenty three years ago this Lot was owned and occupied by Auguste Chouteau who owned and occupied the same until he sold this lot to William Clark who has occupied it ever since.

Alexander (his X mark) Bellesime

sworn to before me
June 15, 1825
Theodore Hunt, Recorder of Land Titles


In order to relinquish to the inhabitants of the several towns and villages all right, title and interest of the United States to the town or village lots, out lots, common field lots and commons of the respective towns or villages that were confirmed by the Act of June 13, 1812, chapter 99, Congress passed the Act of January 27, 1831, chapter 12 (U. S. Statutes at Large, Volume 4, page 435). It also relinquished all right, title and interest of the United States to those unclaimed tracts within the respective towns or villages that were reserved for the support of schools.

The required surveys were begun when, in September of 1835, Surveyor of the public lands in Illinois and Missouri, Elias T. Langham, entered into a contract with Joseph C. Brown to survey the town lots, out lots and common fields of Saint Louis (MoDNR microfiche location: 720/3303A04). Brown was to deliver his field notes and a separate plat of each lot and block, showing the proper connection with the adjoining and adjacent lots and blocks. In return Brown was to be compensated at the rate of six dollars per day, from the time he commenced work until the surveys and returns were completed.

In the record book that Joseph C. Brown prepared for the surveys in St. Louis, he describes the field procedures used for surveying town and village lots (pages 339 and 340, MoDNR microfiche location: 724/0053A01):

"I have surveyed the lines of the streets with the theodolite and have measured the streets in all cases with 2 poles, each 20 english feet long, moving them alternately & putting their ends just in contact. Where obstructions have existed I have determined the lines by calculation and that has been very often except on the streets, where I have always measured. In surveying the blocks, local references as witnesses are given and such I have deemed entirely sufficient for the lots in the respective blocks and more truly to be depended upon than any that could be given for individual lots. The course of the lines are not so correctly given as are the measures. I have used a compass in taking the courses, and on intermediate lines which the measures on the different sides show to be not parallel I have calculated the courses. At the commencement of the work I gave notice thereof in all the papers there published in the City requesting information from the owners of lots that might enable me to survey them correctly, but the call was but little attended to. I have lost much time in endeavoring to obtain information as to the location of lots, but after all there are many lots of which I cannot learn the situation and that are not embraced in the foregoing work, and some that are so far located as to name the block are yet indefinite as to what part of the block. Many lots have been long occupied on the ground of which I cannot learn anything from the documents in my possession ... in certain cases the plat and descriptions of the survey of the lot does not agree in form and size to the grant of said lot, or to the claim and proof thereof before the recorder of land titles. These irregularities were imposed on me by the possessions on the ground, which possessions I considered as guaranteed by the law of Confirmation of town and village lots."

In the record of surveys in Ste. Genevieve and New Bourbon (page 279, MoDNR microfiche location: 724/0474A01), Mr. Brown goes on to describe the relationship of the conceptual maps with the actual facts on the ground:

"The other parts of the town of Ste. Genevieve which are not embraced by the blocks of the town already described by the foregoing numbers thereof from No. 1 to No. 30 are so different on the ground from the sketches (designed therefor) furnished me from the Surveyor General's office, as will appear by my connected map of the surveys thereof, that I shall no further attempt a description of blocks or streets according to those sketches but will describe the several individual lots as I have surveyed them aided by those sketches and by satisfactory information given me on the ground of the metes and bounds of the several lots by persons knowing the same."

In the record book of Brown's Surveys in and near St. Charles (page 24, MoDNR microfiche location: 724/0319A02), Mr. Brown describes how town and village lot corners were monumented:

"In all cases in setting stones for corners to town lots or blocks where precision is required I have had the stone set on the lot (not in the street) and so that a corner of the stone shall mark the exact corner of the lot or block, to wit at the NE corner of a lot or block the NE corner of the stone as set is the corner, at the SE the SE corner of the stone and in like manner at the other corners. Where a stone is set as common corner to two lots it is set so as to be on the line between the lots with the middle point of the outer edge of the stone at the corner and when common corner to more than two lots, the middle point on the stone is intended to be the place of corner."



Joseph C. Brown's illustration of the manner of setting stones for corners of town lots.

Once the surveys for a town or village were completed, a drawing and description of each lot was set down in a record book for that particular town or village. At some later date, the Surveyor General, or a clerk in his office, assigned a number to each lot according to the order in which it appeared in the record book. Each town or village was numbered separately so that each constitutes its own series, except that Sainte Genevieve and New Bourbon were surveyed as one series. It is necessary, therefore, to make a distinction as to which series the survey belongs. As an example, Survey #1 in the City of Saint Louis would be referred to as "Survey #1 of the Saint Louis Series". Survey #1 in the City of Sainte Genevieve would be referred to as "Survey #1 of the Sainte Genevieve and New Bourbon Series."

It is important to note that those private claims that are typically referred to as "U. S. Surveys" actually constitute a series separate from the surveys of town and village lots. These include the claims approved by the first and second boards of commissioners, New Madrid claims and claims approved by other acts of Congress. The General Land Office referred to these surveys as belonging to the "General Series." Since a survey in any series may be referred to as a "U. S. Survey," it is entirely possible that more than one "U. S. Survey" of the same number, but of a different series, could occur within the same township or general locality. For instance, in Township 38 North, Range 9 East at Sainte Genevieve, both the General Series and the Ste. Genevieve and New Bourbon Series have Surveys numbered 96, 146 and 253. Town and village lot surveys are often intermingled with and adjoining surveys of the General Series, so it is important to recognize the different series and identify them appropriately.



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Original composition by Steven E. Weible