Claims to Land in Missouri after 1836

This article has been modified. See Chapter 17 of "It Was Not Quick and It Was Not Simple: The Saga of Private Land Claims in Missouri" (Go to book now.)

The second board of commissioners had informed the Commissioner of the General Land Office in its final report, dated September 30, 1835, that it was unable to complete the investigation of all the claims that it was authorized to examine. There were about seven hundred (700) claims in the State of Missouri that still needed a decision. The board had earnestly recommended that the investigations should continue until the business was finally completed. If Congress should pass an act for that purpose, the board estimated that the work could be completed in another two years (ASP:PL Vol. 8, pg 22).

Dr. Lewis F. Linn, U. S. Senator for Missouri, serving on the Committee on Private Land Claims, recommended to the U. S. Senate on January 4, 1837 that new legislation be passed to complete the unfinished business of the second board of commissioners. It was highly desirable to permanently settle the land titles in the State of Missouri associated with these claims (ASP:PL, Vol. 8, pg 923).

In each succeeding year the U. S. Senate passed a bill to continue the work left unfinished by the second board of commissioners. The U. S. House of Representatives, however, failed to address the matter. Senator Linn reported to the Senate on behalf of the Committee on Private Land Claims on April 20, 1842 again urging the passage of the bill (Senate Doc. No. 258, 27th Congress, 2nd Session, 1842, Serial No. 398).

Another bill had been introduced, however, that would revive the expired Act of May 26, 1824, chapter 173, An Act enabling the claimants to lands within the limits of the state of Missouri and territory of Arkansas to institute proceedings to try the validity of their claims (U. S. Statutes at Large, Vol. 4, pg 52). This bill would also extend the provisions of the revived act to additional states that were dealing with similar issues with private land claims (House Doc. No. 905, 27th Congress, 2nd Session, 1842, Serial No. 410). The U. S. House of Representatives supported this bill and it passed as the Act of June 17, 1844, chapter 95, An Act to provide for the adjustment of land claims within the States of Missouri, Arkansas, and Louisiana, and in those parts of the States of Mississippi and Alabama south of the thirty-first degree of north latitude, and between the Mississippi and Perdido rivers (U. S. Statutes at Large, Vol. 5, pg 676). The provisions set out in the 1824 act, as they pertained to the State of Missouri, were to be continued in force for a term of five years and no longer and were extended to the States of Louisiana and Arkansas and parts of the States of Mississippi and Alabama.

In February 1847, the General Assembly of Missouri complained to Congress that there were still many private land claims in an unsettled state and that the uncertainty surrounding them hindered settlement and development. Many of these claims, through negligence, ignorance or unfortunate circumstances, had failed to be presented to the recorder of land titles when required and had, thus, been excluded from consideration by previous acts of Congress. They further complained that the Act of May 26, 1824, chapter 173, allowing claimants to seek confirmation from the courts was so expensive and difficult that very few claimants were able to pursue that course of action. The General Assembly requested that Congress pass a law for the final adjustment of all of these claims, stating, “It is better to settle them at once, even if some unjust ones are confirmed in the mass, than to spend years of legislation and litigation to separate the good from the bad. The time and money thus wasted, and the injury to the country by retarding its improvement, would be far greater than the value of any illegal claim that might be thus included” (Laws of Missouri, 14th General Assembly, first session, 1846-1847, pg 358).

The Act of June 22, 1860, chapter 188, An Act for the final Adjustment of Private Land Claims in the States of Florida, Louisiana, and Missouri, and for other Purposes (U. S. Statutes at Large, Vol. 12, pg 85) authorized claimants and their legal representatives to apply for the confirmation of their title to any lands claimed in Florida, Louisiana or Missouri by virtue of a grant, concession, order of survey, permission to settle or other written evidence originating from any foreign government prior to the transfer of the territory to the United States. In Missouri, claimants were to file a notice in writing with the recorder of land titles at St. Louis, along with the supporting evidence of their claim. They were to include a brief abstract of the title, copies of the plats of survey, if any, and a sworn statement by the claimant indicating the legal divisions and subdivisions of the public land surveys that corresponded with the location of the claim. Any claim that had already been twice rejected on its merits by any previous board of commissioners was barred from consideration.

The recorder of land titles was to record the notices and evidence, hear witnesses, seek out existing public records, thoroughly examine the claim and provide an opinion as to whether it should be confirmed or rejected. He was then to make a report to the Commissioner of the General Land Office, separating the claims into three distinct classes.

Class number one was for all claims recommended for confirmation that had been possessed and cultivated by the claimants or their predecessors in title for a period of at least twenty (20) years before the date on which notice was filed with the recorder of land titles. The claim had to be based on some grant, concession, order of survey, permission to settle or other written evidence of title that originated from the foreign government claiming sovereignty at a date before the territory was transferred to the United States.

Class number two was for all claims recommended for confirmation that were based on written evidence of title as in Class number one, but which had not been actually possessed and cultivated for a period of at least twenty years prior to the filing of the claim.

Class number three was for all claims that were not recommended for confirmation. Justification for rejection may include defect of proof, suspicion of fraud, uncertainty of location, vagueness of description or any other sufficient cause. No claim was to be included in class one or class two that had been rejected as being fraudulent by any prior board of commissioners.

If the Commissioner of the General Land Office approved the report of classes one and two, then the report was sent to Congress for further action. If the report of class three was approved by the Commissioner, the rejection of the claims was to be final and conclusive and the land was to be considered as public land of the United States (section 4). The Commissioner was also to report to Congress all claims in any of the three classes of which he disapproved (section 5). The Commissioner was to report to each regular session of Congress all activity done under this act (section 10).

Section six of the act provided that if the claim was confirmed and it had already been sold, in whole or in part, by the United States prior to the confirmation or if the surveyor general determined that the land claimed could not be surveyed and located, then the claimant was authorized to select from the public lands subject to private sale a quantity equal to what had been sold by the United States. The land selected was to conform to the legal divisions and subdivisions of the surveys of the public lands.

If a tract of land was claimed as a complete grant, but had not been possessed and cultivated by the original claimant or his successors in title for twenty years as required, then those making the present claim had the option to forego the proceedings of this act and to enter a petition in the district court of the United States (section 11).

This act was to remain in force for five years (section 12). Any proceeding that extended beyond the five years was permitted to be prosecuted to a final decision.

For claims or grants of land derived from any foreign government that had not yet been located by survey, the Act of June 2, 1862, chapter 90, An Act for the Survey of Grants or Claims of Land (U. S. Statutes at Large, Vol. 12, pg 410) authorized claimants to make application to the proper officer of the United States government for a survey to be performed at the expense of the claimant. The survey gave no more validity to the claim than to define its true location.

The provisions of the 1860 Act were extended for an additional three years by the Act of March 2, 1867, chapter 184, An Act to extend the Provisions of an Act entitled, “An Act for the final Adjustment of private Land Claims in the States of Florida, Louisiana, and Missouri, and for other purposes” (U. S. Statutes at Large, Vol. 14, pg 544).

The provisions of the 1860 Act were further extended for another three years by the Act of June 10, 1872, chapter 421, An Act to extend the Provisions of an Act entitled “An Act for the final Adjustment of private Land-claims in the States of Florida, Louisiana, and Missouri, and for other Purposes” (U. S. Statutes at Large, Vol. 17, pg 378). Section two of this act also provided for the confirmation of claims to land as specified in Section one of the 1860 Act in all cases where it could be shown that the claimants and their successors in title had continuously maintained possession of the land claimed since the date of the transfer to the United States.

Eventually it became necessary to pass the Act of June 6, 1874, chapter 223, An act obviating the necessity of issuing patents for certain private land-claims in the State of Missouri, and for other purposes (U. S. Statutes at Large, Vol. 18, part 3, pg 62). The first section of this act released all of the right, title and interest of the United States in and to all of the lands in the State of Missouri that had previously been confirmed by any act of Congress or by any officer or officers, or any board or boards of commissioners acting under the authority of any act of Congress. The lands were released in fee simple to the owners of equitable title as completely as could have been done by patents issued according to law.

Section two of the act noted that the act did not affect the validity of any conflicting or adverse claim to the same land. The act also did not pertain to any lands previously relinquished to the United States.

Section three of the act provided for the discontinuance of the office of recorder of land titles, when the public interest no longer required it. All of the records of the recorder of land titles were to be transferred to the State of Missouri with the United States reserving the right of free access to the records. After the discontinuance of the office, the former duties of the recorder of land titles would pass to the Commissioner of the General Land Office.

The office of recorder of land titles in the State of Missouri was formally abolished by the Act of July 31, 1876, chapter 246, An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-seven, and for other purposes (U. S. Statutes at Large, Vol. 19, pg 102 (see pg 121)). The office ceased to exist after September 30, 1876.

Since it appeared that some act of the General Assembly of Missouri was necessary to affect the transfer of records from the United States to the State of Missouri, the General Assembly passed “An Act to provide for the removal of the archives in the office of the United States Recorder of Land Titles of Missouri,” which was approved April 28, 1877 (Laws of Missouri, 29th General Assembly, Regular Session, 1877, pg 318). The Register of Lands was to receive the records and keep them in his office.

The office of Register of Lands was abolished by an act of the General Assembly of Missouri, approved February 25, 1891 (Laws of Missouri, 36th General Assembly, Regular Session, 1891, pg 181). Upon expiration of the last term of office in 1892, the responsibilities and records of the Register of Lands were transferred to the Missouri Secretary of State.

SOURCES

American State Papers, Public Lands (ASP:PL)

Laws of Missouri, State Documents Collections, Missouri State Archives, Jefferson City, MO

U. S. Congressional Serial Set

U. S. Statutes at Large

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

original composition by Steven E. Weible

Claims to Land and the Opinions of the Recorder of Land Titles

This article has been modified. See Chapter 9 of "It Was Not Quick and It Was Not Simple: The Saga of Private Land Claims in Missouri". (Go to book now.)

The Board of Revision finished its work in January 1812 and sent its final report to the Secretary of the Treasury in the hands of Clement Penrose, one of the commissioners (Marshall, Vol. 2, pg 218; Territorial Papers, Vol. 14, pg 538). In addition to delivering the report, 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. His classification of claims and recommendations along with the classification of claims prepared by the clerk of the Board of Revision were presented to Congress in April 1812 (ASP:PL Vol. 2, pg 377).

Congress considered the recommendations and consequently passed the Act of June 13, 1812, chapter 99, An Act making further provision for settling the claims to land in the territory of Missouri (U. S. Statutes at Large, Vol. 2, pg 748)(The Territory of Louisiana had been renamed the Territory of Missouri by the Act of June 4, 1812, chapter 95, An Act providing for the government of the territory of Missouri, U. S. Statutes at Large, Vol. 2, pg 743).

Section one of the act confirmed to the inhabitants of the respective towns or villages the rights, titles and claims to town or village lots, out lots, common field lots and commons that had been inhabited, cultivated or possessed before December 20, 1803. The towns and villages recognized as existing prior to that date and to which the act applied were Portage des Sioux, St. Charles, St. Louis, St. Ferdinand, Village á Robert, Carondelet, Ste. Genevieve, New Madrid, New Bourbon, Little Prairie and Arkansas in the Territory of Missouri (ASP:PL Vol. 2, pg 379). The out boundary of each town or village, including the out lots, common field lots and commons, were to be surveyed by the principal deputy surveyor.

Section three of the act confirmed certain claims based on settlement and cultivation that had not been approved by the Board of Revision. Included were those claims in which permission to settle from the proper Spanish officer had not been proven and those claims that had been inhabited on December 20, 1803, but had not yet been cultivated. These claims were confirmed where it could be shown that they were inhabited by the claimant or someone on behalf of the claimant before December 20, 1803 and the land had been cultivated in 8 months after that date. In addition, those claims that had not been confirmed merely because they exceeded 800 arpents were confirmed to the extent of 800 arpents.

Section four of the act directed the recorder of land titles to examine the records of the Board of Revision and make a list of all of the claims that qualified for confirmation by the preceding section three. The completed list was to be sent to the Commissioner of the General Land Office (which had been created by the Act of April 25, 1812, chapter 68, U. S. Statutes at Large, Vol. 2, pg 716) and sufficient information was to be provided to the principal deputy surveyor so that a boundary survey could be performed. Upon completion and return of the survey to the recorder of land titles, a certificate was to be issued with which a patent could be obtained.

Section seven of the act allowed an additional opportunity to provide written notice and evidence for claims that had not yet been filed with the recorder of land titles. Claimants had to be actual settlers on the land that they claimed. The deadline for filing was set for December 1, 1812.

Section eight of the act gave the recorder of land titles the authority to perform the same functions as the Board of Commissioners in examining evidence and rendering a decision on all those claims that were authorized to be filed by the preceding section seven along with any claims that had previously been filed, but not decided upon by the Board of Revision. All of the decisions of the recorder of land titles were subject to revision by Congress. Upon completion of the work, the recorder of land titles was to submit a report to the Commissioner of the General Land Office, detailing the evidence presented for each claim and his recommendations as to which should be confirmed. The report would then be presented to Congress for their final determination. The recorder of land titles would be paid fifty (50) cents for each claim examined and decided upon and an additional five hundred (500) dollars to be paid after the submission of his report.

Frederick Bates completed his list of claims that satisfied the requirements for confirmation as set out in the Act of June 13, 1812, chapter 99, and sent it to the Commissioner of the General Land Office, Edward Tiffin, on November 20, 1812 (Territorial Papers, Vol. 14, pg 607).

For those that had filed notice of a claim with the recorder of land titles, but had not yet presented any testimony or written evidence to support their claim, more time was allowed by the Act of March 3, 1813, chapter 44, An Act allowing further time for delivering the evidence in support of claims to land in the territory of Missouri, and for regulating the donation grants therein (U. S. Statutes at Large, Vol. 2, pg 812). The new deadline was set for January 1, 1814 and the recorder of land titles was to handle these claims in the same manner as directed by the previous Act of Congress.

In addition, section four of this act granted 640 acres to all settlement right claims that had previously been confirmed for a quantity less than 640 acres. However, this provision did not apply to those claims in which the acknowledged and ascertained boundaries of the tract claimed were less than 640 acres. These “donation grants” were to be surveyed by the principal deputy surveyor.

Communication regarding these new developments in Congress was slow to reach the District of Arkansas in the southern part of the Territory of Missouri. According to Henry Cassidy, notice of the Act of June 13, 1812, chapter 99, was not received in the District of Arkansas until about October 20, 1812. He promptly left Arkansas on October 29, 1812 with about fifty (50) claims that he was authorized to have filed with the recorder of land titles. He was accompanied by five others until they reached a crossing of the St. Francis River, which was flooded and impassable as a result of damage done by the recent earthquakes. His companions turned back, but Mr. Cassidy continued on alone. Sickness and bad weather delayed his arrival at the mouth of the St. Francis River until December 7, 1812, already too late to make the December 1, 1812 deadline. He managed to reach the District of New Madrid by water and then proceeded to St. Louis by land. He gave a deposition of his difficulties at St. Louis on January 23, 1813 with a plea for some provision to accept the claims that he had delivered from the District of Arkansas (Territorial Papers, Vol. 14, pg 623).

Congress recognized the difficulties of the claimants living in the District of Arkansas and passed the Act of August 2, 1813, chapter 59, An Act giving further time for registering claims to lands in the late district of Arkansaw, in the territory of Missouri, and for other purposes (U. S. Statutes at Large, Vol. 3, pg 86). The time for filing notice and written evidence of claims was extended to January 1, 1814 and the recorder of land titles was to handle these claims in the same manner as directed by previous acts of Congress. This act also allowed claimants until July 1, 1814 to provide testimony for any claims that had already been filed under former acts of Congress.

Upon further examination of claims that had been previously rejected by the Board of Revision, Congress made provision for the confirmation of additional classes of claims by passing the Act of April 12, 1814, chapter 52, An Act for the final adjustment of land titles in the State of Louisiana and territory of Missouri (U. S. Statutes at Large, Vol. 3, pg 121).

Section one of the act confirmed those claims that were based on an incomplete French or Spanish grant or concession, warrant or order of survey that were granted before March 10, 1804, where the claimant was actually resident in the territory at the time of the grant. The concession, warrant or order of survey had to be for a specific location or the tract had to have actually been located or surveyed before March 10, 1804 by a surveyor duly authorized by the government making the grant. No claim that had been previously determined to be antedated or otherwise fraudulent would be confirmed under this section. The claim was limited in size to one league square and those claiming under settlement right were not eligible. Confirmations under this section could not interfere with claims that had already been confirmed by the Board of Revision.

Section two of the act confirmed those claims based on settlement right that had previously been rejected for not having been inhabited on December 20, 1803.

Section three of the act directed the recorder of land titles to make out an order of survey to the principal deputy surveyor for each tract confirmed by this act that had not been previously surveyed. The recorder of land titles was to provide the principal deputy surveyor a proper description of the tract with the quantity, locality, boundaries and connection to other tracts. When the survey was completed, the recorder of land titles was to issue a confirmation certificate with which a patent could be obtained from the General Land Office. The recorder of land titles was entitled to charge the claimant one dollar and fifty cents for an order of survey and certificate and one dollar for a certificate without an order of survey.

Section four of the act required the principal deputy surveyor to perform the ordered surveys at the expense of the claimants. Completed plats were to be sent to the recorder of land titles and the Surveyor General of the United States, who would then forward a copy to the commissioner of the General Land Office.

For those who had occupied a tract of land not claimed by anyone else and who had continued to actually inhabit and cultivate it, section five of the act allowed the right of pre-emption in the purchase of the tract.

Frederick Bates notified the Commissioner of the General Land Office, Josiah Meigs, in a letter, dated March 30, 1815, that he was hard at work on a comprehensive report addressing all of the requirements of the several successive acts of Congress. Each act required additional work to be done and the records that had to be reviewed were quite voluminous and tedious. He hoped to submit the final report in the summer or fall of that year (Territorial Papers, Vol. 15, pg 21).

Frederick Bates further corresponded with Josiah Meigs in July and August 1815, expressing some uncertainty about the claims intended to be confirmed by the Act of April 12, 1814, chapter 52, and the principles of selection that should be applied. He had enlisted the help of Bartholomew Cousin from Cape Girardeau as a clerk and translator of foreign languages and expected to complete the final report by November 1, 1815 (Territorial Papers, Vol. 15, pg 65, 75, 77, 82).

Frederick Bates had not yet completed his comprehensive report, but he made a submission to the Commissioner of the General Land Office, dated November 1, 1815, concerning a general notice to the recorder of land titles for 312 claims submitted by William Russell on November 30, 1812. Russell had managed to obtain a conveyance from each of the original claimants, whose claims appeared to be based on possession, inhabitation and cultivation. The report identified only 30 claims with appropriate evidence of ownership. Of those 30 claims, twenty-one (21) claims were approved for 640 acres, one claim was approved for 600 arpents and one claim was approved for 700 arpents. The remaining seven claims were rejected. Ownership was not proven for two hundred seventy-two (272) of the claims and 10 claims were abandoned by Russell (ASP:PL Vol. 3, pg 325).

Frederick Bates personally delivered to the Commissioner of the General Land Office his comprehensive final report, dating it February 2, 1816 at Washington City (Territorial Papers, Vol. 15, pg 119; ASP:PL Vol. 3, pg 274).

The first section of the report listed 586 claims to town or village lots, out lots, common field lots and commons that had been rejected by the Board of Revision, but were recommended for confirmation under the first section of the Act of June 13, 1812, chapter 99.

A boundary survey, dated December 11, 1799, of a lot in the Village of St. Charles.
(Courtesy of the Missouri State Archives, Missouri Digital Heritage)

The second section of the report listed 236 claims based on settlement right that had been approved by the Board of Revision for a quantity less than was claimed and less than 640 acres. For example, William T. Lamme claimed 950 arpents (about 808 acres) of land under Jean Marie Cardinal and was approved for only 300 arpents by the Board of Revision under certificate number 758. These claims were recommended for confirmation to the extent of 640 acres under the fourth section of the Act of March 3, 1813, chapter 44.

A boundary survey, dated February 10, 1806, of a tract of 950 arpents (about 808 acres) claimed by William T. Lamme under Jean Marie Cardinal as a settlement right. The Board of Revision approved this claim, but only for 300 arpents (about 255 acres). The Act of March 3, 1813, chapter 44, extended the confirmation to 640 acres.
(Courtesy of the Missouri State Archives, Missouri Digital Heritage)

The third section of the report listed 384 claims based on concessions and orders or warrants of survey that were recommended for confirmation under the first section of the Act of April 12, 1814, chapter 52.

A boundary survey, dated February 25, 1798, of a tract of 1251 arpents (about 1064 acres) conceded to Pascal Detchmendy by the Commandant of the Village of New Bourbon.  The Board of Revision rejected this claim, but it was later confirmed under the provisions of the Act of April 12, 1814, chapter 52.
(Courtesy of the Missouri State Archives, Missouri Digital Heritage)

The fourth section of the report listed 517 claims based on settlement right that were recommended for confirmation under the various provisions of the Act of June 13, 1812, chapter 99, the Act of March 3, 1813, chapter 44, the Act of August 2, 1813, chapter 59, and the Act of April 12, 1814, chapter 52.

The fifth section of the report listed 476 claims based on settlement right that were rejected by the Recorder of Land Titles and not recommended for approval.

The sixth section of the report listed 27 claims based on concessions and orders or warrants of survey that were rejected by the Recorder of Land Titles and not recommended for approval.

All of the claims in the two reports of Frederick Bates that were recommended for approval were confirmed by the second section of the Act of April 29, 1816, chapter 159, An Act for the confirmation of certain claims to land in the western district of the state of Louisiana and in the territory of Missouri (U. S. Statutes at Large, Vol. 3, pg 328). The third section of the act further provided that any confirmed claim that had not yet been issued a patent was to receive a certificate after the claim had been located and surveyed from which a patent could be obtained.

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

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

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


----------------------------------------
original composition by Steven E. Weible