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(Not 1St Board)—2Nd Class Missouri State Archives Finding Aid 951.2 U.S. RECORDER OF LAND TITLES SECOND BOARD OF LAND COMMISSIONERS PAPERS OF ORIGINAL CLAIMANTS, 1785-1857 Abstract: Papers of original claimants (1785-1857) submitted before the Second Board of Land Commissioners to determine validity of French and Spanish land grants made before the Louisiana Purchase. Extent: 5.6 cubic ft. (10 legal-size Hollinger boxes 2 flat boxes) Physical Description: Paper Location: MSA Rare Documents ADMINISTRATIVE INFORMATION Access Restrictions: No special restrictions. However, some records may be too fragile to be produced or may be undergoing conservation treatment. Publication Restrictions: Copyright is in the public domain. Items reproduced for publication should carry the credit line: Courtesy of the Missouri State Archives. Preferred Citation: [Name], [Class of Decision: 1st or 2nd], [Decision #]; Papers of Original Claimants, 1785-1857; Second Board of Land Commissioners; U.S. Recorder of Land Titles, Record Group 951; Missouri State Archives, Jefferson City. Acquisition Information: Agency transfer. Various accessions. Processing Information: Processing completed by Mary Kay Coker on June 14, 2010. HISTORICAL AND BIOGRAPHICAL NOTES On July 9, 1832, after continued appeal from claimants whose petitions for land had been denied, Congress passed “An Act for the final adjustment of private land claims in Missouri.” It was not, as it turned out, the final adjustment, but it did establish a Second Board of Land Commissioners. PAPERS OF ORIGINAL CLAIMANTS (2nd BOARD), 1785-1857 As in the first board, the second board numbered three members and included the recorder of land titles. Its purpose was “to examine all the unconfirmed claims to land in that state…founded upon any incomplete grant, concession, warrant, or order of survey, issued by the authority of France or Spain, prior to the tenth day of March, one thousand eight hundred and four.” They were instructed to class these claims into, first, those that would have been confirmed if the government under which the claims were made had continued in Missouri and, second, those claims that were, in the opinion of the board, “destitute of merit.” On March 2, 1833, Congress passed “An Act supplemental to the act entitled ‘An act for the final adjustment of land claims in Missouri,’” which extended the board’s consideration to “every claim to a donation of land in the state of Missouri, held in virtue of settlement and cultivation.” Members of the Second Board of Land Commissioners: (1) Frederick Rector Conway, Recorder of Land Titles (2) Lewis F. Linn, resigned, replaced by James H. Relfe (3) Wilkins Updyke, resigned, replaced by Albert G. Harrison, resigned, replaced by James S. Mayfield, removed, replaced by Falkland H. Martin Translator and clerk: Julius De Mun On July 4, 1836, Congress passed “An Act confirming claims to land in the State of Missouri, and for other purposes,” which confirmed the 1st class decisions of the board. As for the rejected decisions in the 2nd class and over 700 claims they made no decision on, Congress hedged their bets: “saving and reserving, however, to all adverse claimants, the right to assert the validity of their claims in a court or courts of justice.” It also gave some relief to those who had already purchased land in these disputed areas by stating that the original claimant (or their legal representatives) was then to have a certificate to relocate on other land. For three years, the board met and deliberated and finally submitted their report, which can be found in the American State Papers (ASP) on Public Lands, Vol. 6, Vol. 7, and Vol. 8. The report is arranged first by class (1st Class being recommended for confirmation or 2nd Class being recommended for rejection) and then by decision number within that class. The report includes a detailed list of evidence and, in many cases, copies and translations of the submitted documents except surveys and deeds. The papers submitted by the original claimants (or their representatives) in this series are organized in the same manner. Since the ASP has been fully indexed, it can serve as an everyname index to most of these papers. Not all papers have been found, some were returned to the claimants or their attorneys for cases before the courts, and some decisions were based only on testimony found in the minutes (hence, no original papers). When the ASP refers to volumes either by letter or number, these are RG 951 Record Books A-G and Minutes of the Board of Land Commissioners (Vols. 1-7). Both series have been microfilmed. Note, however, that Record Book E is missing. There is yet another copy, however, Missouri State Archives Page 2 of 67 Finding Aid 951.2 PAPERS OF ORIGINAL CLAIMANTS (2nd BOARD), 1785-1857 of decisions and submitted evidence besides the ASP and the previously noted volumes; these are copies of the 1st class decisions that were apparently once bound but are now loose and found in four flat archival boxes in Rare Documents. Many records are in French or Spanish. The measurement used for most land records is in French arpents. Most of the reports use the anglicized version of given names, although there are some exceptions. The choice may have more to do with the clerk or government in power than with the nationality of the claimant. For instance, James MacKay, who was Scottish, is referred to as both Santiago (Spanish) and Jacques (French). The records of the 2nd Board include wrappers, plats of survey, deeds, receipts, concessions, depositions, and affidavits. Wrappers (small pieces of paper used to wrap around the original bundle) generally give the name of the original claimant, arpents or acres claimed, decision number, and dated filed with the board. Occasionally a notation will also give its disposition, such as “laid over for decision” or “rejected.” Some note that there are “no papers.” Plats of surveys are in English, Spanish, and French. Technically, they are plats (maps) and transcripts of surveys, as they not only show graphically where the land is (plat) but also give the description (transcript) in metes and bounds (e.g., 10 poles from a white oak tree). In general, if a plat of survey is marked “received of record” by Antoine Soulard, it is not found in the Registre d’Arpentage, which has a notation in it by Soulard stating that, due to the increased number of surveys submitted, those he was unable to record before turning over his records to the new surveyor general would be noted as “received of record.” Many of these surveys are dated in February of 1806. If, on the other hand, it is certified as recorded by Soulard, the plat of survey should have a marking on the plat, usually beginning “A sentado libro” and giving the book number (A, B, C, D, etc), page number, and survey number in the Registre d’Arpentage. A list of surveys greater than 300 arpents found in the Registre d’Arpentage can be found in ASP 8:848– 867. Copies of the plats of survey are also usually found in the Record Books (RG 951) A-G (missing E). Deeds convey property from one party to another. For a small number, there are documents, particularly deeds of conveyance in French that are not found in ASP in full (merely called deeds of conveyance or transfers). Presumably these deeds are also recorded in county offices and are sometimes themselves copies made from county records. For early New Madrid deeds, these copies may be all that now exist. Receipts for original papers are found in several folders, meaning the original claimant or their legal representative had retrieved the papers from the board. In only a few occasions were these papers returned. If an attorney or agent obtained the original papers, it is possible that the papers may still exist in court or Congressional records, as that was the next step in the process if one had still been rejected at the close of the board. Concessions are actually two documents, the petition of the claimant to the Spanish or French government, and the concession by the government official, most often Lt. Gov. Zenon Trudeau Missouri State Archives Page 3 of 67 Finding Aid 951.2 PAPERS OF ORIGINAL CLAIMANTS (2nd BOARD), 1785-1857 or Carlos Dehault Delassus. The date of the document given here is the concession date and not the petition date. Sometimes the petition and concession are in different languages (e.g., petition in French and concession in Spanish) but all are in one of the two languages unless it is a translated copy. Some concessions also include a recommendation from a lower level government official. In comparison to surveys and depositions, the number of original concessions is few, perhaps because the claimants and their attorneys were anxious to have these returned. Most of the concessions from the 2nd Board are translated in ASP. Depositions are almost always originals, with the signatures (or marks) of those deposing certified by one or more of the Board. In ASP, both testimony and depositions are given and the words are used interchangeably. For the purposes of this finding aid, depositions are distinguished solely by the signature or mark of the deposer, which is always given in CAPITAL letters in the ASP. Testimony, on the other hand, is found in the minute books (Vols. 6 and 7) of the Board and should be referred to in the ASP by volume and page number. Affidavits, while similar to depositions, appear to have been given in front of some other official, often a notary or county clerk, rather than before the Board. They are relatively few in number.
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