Eugene Morrow Violette, "Spanish Land Claims in Missouri," Washington University Studies 8, no. 2 (1921), 167-200

1921

Eugene Morrow Violette, "Spanish Land Claims in Missouri," Washington University Studies 8, no. 2 (1921), 167-200

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At the time France ceded Louisiana to the United States in 1803, it had not yet come into actual possession of the territory according to the terms of the Treaty of San Ildefonso with Spain of 1800. France ceded Lower LA on 12/20/1803, Upper LA on 3/10/1804. Extensive land grants amounting to over 1.7 million arpents had been made by Frnech and Spanish officials within the region. (arpent=2/3ds to 5/6ths of an acre; US adopted the conversion of .85 acres) The presumption was that the US would recognize these grants and leave those who claimed theim in undisturbed possession and confirm their titles; this based on the LA Purchase Treaty, providing that "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 Constitituion to the enjoyment of all the rights, advantages and immunities of the citizens of the United States, and in the meantime they shall be maintained and protected in the free enjoyment of their liberty, property and religion which they profess."

File: VLTTE.NT3



    Created: 8/4/2017 9:30:37 PM
    Project: Digitizing Daniel Boone
    Creator: Faragher, John Mack
    ID: 27-40-20413-25959
    Permanent Link: https://sourcenotes.miamioh.edu/id?27-40-20413-25959


1921

Eugene Morrow Violette, "Spanish Land Claims in Missouri," Washington University Studies 8, no. 2 (1921), 167-200

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The first confirmations were not issued until 12/8/1808, the delay a result of Gallatin's instructions. The work was closed on 1/24/1812. Confirmed 1340 claims; 712 on the basis of concessions, 80 on orders of survey, 425 on settlement right, 123 on ten year possession. Only 5 were for more than 500 acres; most for 250 acres or less. Rejected over 2000 claims: because concessions were not duly registered, were not issued by the proper officer, called for a greater quantity of land wthan allowed under Spanish law, conditions such as cultivation not complied with, right of domain had ceased at the time the concession was made. Many of those rejected applied to Congress. One of these was Boone. He laid a claim to 1000 arpents in St. Charles District, for which he had been given a concession by Trudeau dated 1/24/1798. But he had failed to improve or take up residence upon the land , and the board thus refused to confirm him in his title. Immediately after the board took this action he petitioned Congress for a tract of land, and Congress confirmed his claim in 1814. A direct appeal to congress was not within the range of possibilities for most. Their hopes lay in some general congressional action that would authorize a reconsideration of their claims. 1812 Congress passed an act providing that the claims not confirmed because of lack of cultivation or size be reconsidered.These went to Bates as recorder. In 1816 he reported that 2555 claims hd been submitted to him; 1746 confirmed, 801 rejected, 8 confirmed conditionally. Those who had still not been confirmed continued to agitate over the next fifty years, resulting in a variety of institutional forms under which many of them found satisfaction.

File: VLTTE.NT3



    Created: 8/4/2017 9:31:02 PM
    Project: Digitizing Daniel Boone
    Creator: Faragher, John Mack
    ID: 27-40-20413-25960
    Permanent Link: https://sourcenotes.miamioh.edu/id?27-40-20413-25960


1921

Eugene Morrow Violette, "Spanish Land Claims in Missouri," Washington University Studies 8, no. 2 (1921), 167-200

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The French grants in MO were few, had all been confirmed by the Spanish, and were not called into question by AMerican authorities. The administrative hierarchy: Captain General in Cuba; Governor General in New Orleans; and Lt. Gov. of Upper LA in St. Louis; commandants of various military posts such as St. Charles; under them the syndics who had charge of the affairs in the remote settlements.

File: VLTTE.NT3



    Created: 8/4/2017 9:31:30 PM
    Project: Digitizing Daniel Boone
    Creator: Faragher, John Mack
    ID: 27-40-20413-25961
    Permanent Link: https://sourcenotes.miamioh.edu/id?27-40-20413-25961


1921

Eugene Morrow Violette, "Spanish Land Claims in Missouri," Washington University Studies 8, no. 2 (1921), 167-200

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Spanish wanted Americans to settle in Upper LA as a check upon the English in Canada. Lands were given with othe only charges being fees incident to the surveys; the cost of a survey was about four cents per arpent. Lands were also exempt from taxation. A large number of Americans made their way to MO; 10,000 population when America acquired the area of MO, more than 1/2 were Americans, practically all of whom had come in response to the open encouragement of Spain. There was a limitation of 200 arpents for each married couple, 50 arpents for each child, 20 arpents for each slave, with no grant to exceed 800 arpents. The grant entailed obligations to built dykes, keep roads in repain, clear and cultivate and put under fence.

File: VLTTE.NT3



    Created: 8/4/2017 9:31:51 PM
    Project: Digitizing Daniel Boone
    Creator: Faragher, John Mack
    ID: 27-40-20413-25962
    Permanent Link: https://sourcenotes.miamioh.edu/id?27-40-20413-25962


1921

Eugene Morrow Violette, "Spanish Land Claims in Missouri," Washington University Studies 8, no. 2 (1921), 167-200

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procedures: settler apply for premission to settle; written application for a concession of land, setting forth in his application his circumstances and why he was asking for the concession; describe his tract by metes and bounds; commandant endorsed the application and sent it to the Lt Gov in St. Louis; granted petition by issuing a concession; then survey; record entered by the surveyor in a register, with a copy of the plot and explanation of same, list of dates, etc. But this was an incomplete title, and it required a sanction from the Governor General in New Orleans; very few settlers acquired complete titles because the expense was very heavy and most were too poor. There were only a handful of complete titles in MO. And in fact, after the Treaty of San Ildefonso, the Governor General in New Orleans confirmed no more grants.

File: VLTTE.NT3



    Created: 8/4/2017 9:32:50 PM
    Project: Digitizing Daniel Boone
    Creator: Faragher, John Mack
    ID: 27-40-20413-25963
    Permanent Link: https://sourcenotes.miamioh.edu/id?27-40-20413-25963


1921

Eugene Morrow Violette, "Spanish Land Claims in Missouri," Washington University Studies 8, no. 2 (1921), 167-200

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All grants made prior to 10/1/1800, Congress promised to honor. It declared null and void any made after that date, but promised not to deprive an "actual settler on the land" of his grant. In other words, it required that a settler actually be living on his grant. And grants could not be larger than 640 acres. In 1805 Congress provided for the appointment by the president of a recorder of land titles, and two other persons who would constitute a board of commissioners with the power to decide in a summary manner all matters pertaining to the claims. Also an agent of the United States who should appear before the board on behalf of the government for the purpose of investigating the claims and opposing all he deemed fraudulent. Jefferson appointed James L. Donaldon of MD as recorder, John B. C. Lucan and Clement B. Penrose both of PA as commissioners. It convened in St. Louis on 12/1/1805, and continued its work for more than six years. Frederick Bates of VA took the place of Donaldson in 4/1807.

File: VLTTE.NT3



    Created: 8/4/2017 9:33:12 PM
    Project: Digitizing Daniel Boone
    Creator: Faragher, John Mack
    ID: 27-40-20413-25964
    Permanent Link: https://sourcenotes.miamioh.edu/id?27-40-20413-25964


1921

Eugene Morrow Violette, "Spanish Land Claims in Missouri," Washington University Studies 8, no. 2 (1921), 167-200

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Procedure of the commission: claimant would appear and state his claim and produce his documentation. Witnesses heard, sometimes as long intervals; then a decision, sometimes much later. Charles Gratiot, clerk; Marie Philip Leduc, translator. The board was inclined to be liberal; this opposed by the government agent, William C. Carr, who first appeared before the board on 12/20/1805. He complained to Albert Gallatin of "the bias of the commissioners in favor of claims which he considered as unfounded or suspicious." Gallatin issued new instructions in 1806, "intended to compel as far as practicable a compliance with the laws and with the instructions heretofore transmitted." The board wrote back saying that these instructions would compel it to revise a great part of its decisions; the decisions of the board were then suspended.

File: VLTTE.NT3



    Created: 8/4/2017 9:33:33 PM
    Project: Digitizing Daniel Boone
    Creator: Faragher, John Mack
    ID: 27-40-20413-25965
    Permanent Link: https://sourcenotes.miamioh.edu/id?27-40-20413-25965


1921

Eugene Morrow Violette, "Spanish Land Claims in Missouri," Washington University Studies 8, no. 2 (1921), 167-200

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Principles: asnay person who was a resident of the territory on 10/1/1800, and had obtained or had taken steps to obtain any duly registered warrant or order of survey, and who was actually inhabiting and cultivating his tract, should have his claim confirmed. Any person who prior to 12/20/1803 made actual settlemenbt on a tract with the premission of the proper authorities, and who was actually inhabiting and occupying this tract at the time, should have his claim confirmed.

File: VLTTE.NT3



    Created: 8/4/2017 9:34:02 PM
    Project: Digitizing Daniel Boone
    Creator: Faragher, John Mack
    ID: 27-40-20413-25966
    Permanent Link: https://sourcenotes.miamioh.edu/id?27-40-20413-25966


1921

Eugene Morrow Violette, "Spanish Land Claims in Missouri," Washington University Studies 8, no. 2 (1921), 167-200

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The actions of the board angered many. Donaldson was attacked by Rufus Easton, former territorial judge in MO in 8/1806, arrensted and jailed. After this Donaldson resigned ans was replaced by Bates. But Lucas was most hated. His attitude was that many of the grants were fradulent, and for this he won the hatred of many men.

File: VLTTE.NT3



    Created: 8/4/2017 9:34:21 PM
    Project: Digitizing Daniel Boone
    Creator: Faragher, John Mack
    ID: 27-40-20413-25967
    Permanent Link: https://sourcenotes.miamioh.edu/id?27-40-20413-25967














    

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