History of MS Land Offices
SOURCE PUBLIC DOMAIN MATERIAL: Encyclopedia of
Mississippi History; Comprising Sketches of Counties, Towns, Events,
Institutions and Persona; Planned and Edited by Dunbar Rowland, LL.D. Director
Mississippi Department of Archives and History; Member American Historical
Associations, Vol. II. L-Z 1907
LAND OFFICES - The first enactment of the
United States Congress regarding the lands of Mississippi
Territory, bears the date March 3, 1803. The territorial government was
established in 1798, but the authority of the United States to provide for the
rights of the inhabitants in the lands they held and regulate the sale of vacant
lands, was not clear until after the agreement with Georgia in 1802.
This act provided,
"That, for the disposal of the lands of the United States within the Mississippi Territory, two Land Offices shall be established
in the same; one at such place in the county of Adams, as shall be designated by
the President of the United States, for the lands lying West of "Pearl River",
sometimes called "Halfway River"; and one at such place in the county of
Washington, as shall be designated by the President of the United States, for
the lands lying East of the Pearl River; and for each of the said offices a
Register and Receiver of Public Moneys shall be appointed," etc., the same
regulations being made as in the Northwest territory.
Until more land than the old
districts of Natchez and Mobile, north of latitude 31 degrees, should be
acquired from the Indians, it was the duty of the register in each district to
act with two persons to be appointed by the president, as a commission to adjust
the claims arising from grants and other acts of the former governments of the
country.
On
July 9, 1803, Edward TURNER, of Mississippi , was appointed register of the land
office for the lands lying west of Pearl River. He was
re-appointed Nov. 18, 1804. On March 3, 1805,
Thomas Hill WILLIAMS, of Mississippi territory, was
appointed register of the county of Adams, west of Pearl River, and the latter
was succeeded by Nehemiah TILTON, of Delaware, by appointment Jan 10,
1811. East of Pearl River Joseph CHAMBERS was the first register.
The commissioners appointed were Thomas RODNEY of Delaware, Robert WILLIAMS of
North Carolina, for the western district, to have their office at Washington;
Ephraim KIRBY of Conn. and Robert Carter NICHOLAS of Kentucky for the eastern
district to have their office at St. Stephens. The board for the district
west of Pearl River "convened at the town of Washington
on Dec 1, 1803, and continued open for the reception of claims until July 3
1809, when it was adjourned sine die, after having received for record 2,090
claims. Some of these claims were subsequently contested in the high
courts of the United States." There were no public lands to be disposed of
ab initio, except such as might be found unclaimed in the Natchez
district. Settlers upon the land, who were in possession March 3, 1803,
were to have the preference in becoming purchasers at the price then fixed by
law for public lands, and these constituted the main class of
pre-emptors.
April 21, 1806, it was enacted that persons entitled to a right of pre-emption
by virtue of certificate from the commissioners, should be allowed until Jan 1,
1807, to make the first payment; when, if they failed so to do, their right
became void. As for those without title who were actual settlers in 1798,
they were donated 640 acres to each male settler of full age. Finally, by
act of Jan. 10, 1808, every person the head of a family or of full age, who on
March 3, 1807, actually inhabited and cultivated a tract of land not claimed
under a land commissioners" certificate, and had
obtained permission to reside on the lands under the act of March 1807, should
have the right of preference in becoming a purchaser of not to exceed 640 acres,
and be allowed until Jan. 1, 1809 to make the first payment.
Sept 19 1808 the Mississippi
House of Representatives, F. L. CLAIBORNE, speaker,
adopted a memorial to congress, asking further indulgence in making the first
payment. It was represented that the planters "have been cut off from
every hope of payment by an act of that government to which they were
indebted. It has been deemed expedient to suspend, by embargo, our
mercantile operations, and thereby our produce lies, unsold and unsaleable in
our barns. The policy of this measure is nowhere admired more than by the
people of this territory . . . but . . . we deplore the severe and destructive
effects which will inevitably accompany the operations of the law, if the
payments due to the United States are rigidly exacted." The committee on
public lands reported adversely to the petition, saving the pre-emptors already had had a longer time for making their first payment
that other purchasers, and had enjoyed the selection of the best lands without
competition. In March, 1808, the first Choctaw purchase was ordered opened
to sale, and thereafter the land office had to deal with the original sale of
land outside of the historic ground of Natchez district, and sales were made
under the general land laws of the United States.
Under the act of 1808 Thomas
W. MURRAY of Virginia, was register, and Lemuel HENRY, receiver, at St.
Stephens, for the district east of Pearl.
Before the Choctaw cession of
1820 there were 4,792,000 acres of land sold in
Mississippi and Alabama for $17,656,549, of which $5,577,057 had been
paid.
The
sales were about $150,000 in 1807, when they began; next year, when
there was war in prospect, they dropped to $35,000; after that
they varied from $150,000 to $300,000 until 1813-15, the war period, when the
annual sales were $60,000, $82,000 and $54,000. Then in 1816 the sales
leaped to over $1,000,000, next year to $2,000,000, and in 1818 to
$3,715,000. The sales in 1819 were, however, unprecedented - $9,700,000,
more than half the total from 1807. This was almost entirely in Alabama,
however, in the new Indian cessions.
Under the act of March 3,
1819, a land office was established at Jackson Courthouse, (county seat of Jackson County), to take evidence regarding
titles to land in the coast region based on French, English and Spanish
grants. William BARTON was register; William BARNETT, receiver; John
ELLIOTT, clerk and interpreter. These officers also had charge of the sale
of the lands in that region, annexed in 1812 from east Florida south of the
Ellicott line and east of the Pearl River. The report for October 1, 1821,
was west of Pearl River district, total lands in district, 3,502,080 acres, all
surveyed; Jackson Courthouse, 2,097,600, no surveys; east of Pearl River (Ala),
6,904,320, (of which) 5,253,000 surveyed. The receipts of the
Jackson county officer in 1820 were $13,405; at Washington $90,876; while the
receipts at Huntsville, Chawba were $407,000, and at St. Stephens
$67,000.
By
the act of May 6, 1822, the old district east of Pearl River in the first Choctaw cession was divided, and that part of it in Mississippi
was assigned to the Jackson county land office, which was removed to
Augusta. The territory of this office was then the southeast corner of the
State, south of the "old Choctaw boundary." The same act also created a
new district to include lands ceded by the Choctaws at Doak's Stand (q.v.) in
1820, estimated at over 5,000,000 acres, the land office to be established at
such convenient place as the president might direct. The president was
authorized to order all or part of the land surveyed and offered for sale, the
first sale to be held at any convenient place west of Pearl River if so
desired. To this new district was attached the lands east
of the Tombigbee in Mississippi, to which the Indian title had been extinguished
in 1816, and which had belonged to the Madison County district (Alabama).
In 1822, the
president appointed Gideon FITZ register, and James C. DICKSON, brother of David
DICKSON, receiver for the land office at Jackson. Surveyor FREEMAN
recommended the sales to be at Washington or Port Gibson, but the legislature in
December 1822, petitioned for sales at Jackson, where the first sale occurred in November 1833.
The act of Feb. 22, 1827
authorized the president to order the removal of "the
land office now located at Jackson," and it was accordingly, changed to Mount Salus, the former home of Gov. LEAKE, (now Clinton), upon
request of the legislature.
Under the act of 1803, there
was also appointed a "surveyor of the lands of the
United States south of Tennessee," to whose duties were added the survey of the
lands of Orleans district in 1805, and the country annexed from West Florida in
1812. Isaac BRIGGS of Maryland, was the first surveyor, appointed April 7,
1803. He was succeeded by Seth PEASE, of the District of Columbia,
appointed March 2, 1807, who arrived in May of that year. Thomas FREEMAN
was appointed Aug. 27, 1810, and he continued in office until his death in
1821. His jurisdiction was restricted in 1817, by the appointment of Gen.
John COFFEE as surveyor in the northern district of Mississippi territory, which
district was changed in the following year to Alabama territory, leaving FREEMAN
the surveyor of all public lands in the State of Mississippi. Jan. 9,
1822, Levin WAILES was appointed to succeed FREEMAN. Joseph DUNBAR, collector of
the revenue district, was appointed surveyor in Jan. 1830.
The report of B. L. C. WAILES,
register at Washington, in July 1824, showed: Area of Natchez District,
2,031,800 acres; subsequent purchases 12,475,000 acres. The State was
divided into three land districts, one for the district west of the Pearl, with
the land office at Washington, one east of the Pearl, with office at Augusta,
and the Choctaw district, with the office at Clinton, where all transactions
were on the cash basis, no debts or forfeitures. In the western district
the private claims confirmed by the United States, chiefly British and Spanish
grants, amounted to 545,480 acres. Only about one third of the lands in
the district had been disposed of, say 988,000 acres. The forfeitures
March 4, 1829 were about $159,000.
There were six land districts,
called the Paulding, the Columbus, the Washington, the Grenada, the Jackson, and
the Chickasaw districts, with an office at each of the towns named, there being
no separate office for the Chickasaw district. In 1869, all the offices
were consolidated in one at Jackson, with C.L.C. CASS as receiver and Charles W.
LOOMIS register. The receivers since Mr. CASS have been Robert J. ALCORN,
A. H. KIMBALL, John T. HULL, Wallace McLAURIN, George C. McKEE, Mrs. A. H.
McKEE, R. W. BANKS, George Edward MATTHEWS, Isaiah T.
MONTGOMERY, and Thomas B. McALLISTER. The registers in the same
period have been R. C. KERR, James D. STEWART, Henry KERNAGAN, Robert E. WILSON,
James HILL, F. W. COLLINS, and L. Q. C. LAMAR, Jr.
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