HOW THE TITLE TO IOWA LANDS IS DERIVED.
Right of Discovery-Title of France
and Spain-Cession to the United States-Territorial
Changes-Treaties with the Indians-The
Dubuque Grant-The Giard Grant-The
Honori Grant-The Half-Breed Tract-System
of Public Surveys.
130
THE
title to the soil of Iowa was, of
course, primarily vested in the original
occupants who inhabited the country
prior to its discovery by the whites.
But the Indians, being savages, possessed
but few rights that civilized nations
considered themselves bound to respect,
so that when they found this country
in the possession of such a people
they claimed it in the name of the
King of France, by the right of discovery.
It remained under the jurisdiction
of France until the year 1763.
Prior to the year
1763, the entire continent of North
America was divided between France,
England, Spain, and Russia. France
held all that portion of what now
constitutes our national domain west
of the Mississippi river, except Texas
and the territory which we have obtained,
from Mexico and Russia. This vast
region, while under the jurisdiction
of France, was known as the "Province
of Louisiana," and embraced the
present State of Iowa. At the close
of the "Old French War,"
in 1763, France gave up her share
of the continent, and Spain came into
possession of the territory west of
the Mississippi river, while Great
Britain retained Canada and the regions
northward, having obtained that territory
by conquest in the war with France.
For thirty-seven years the territory
now embraced within the limits of
Iowa remained as a part of the possession
of Spain, and then went back to France
by the treaty of St. Idlefonso, October
1, 1800. On the 30th of April, 1803,
France ceded it to the United States
in consideration of receiving $11,250,000,
and the liquidation of certain claims
held by citizens of the United States
against France, which amounted to
the further sum of $3,750,000, and
making a total of $15,000,000. It
will thus be seen that France has
twice, and Spain once, held sovereignty
over the territory embracing Iowa,
but the financial needs of Napoleon
afforded our government an opportunity
to add another empire to its domain.
On the 31st of
October, 1803, an act of Congress
was approved authorizing the President
to take possession of the newly acquired
territory and provide for it a temporary
government, and another act approved
March 26, 1804, authorized the division
of the" Louisiana Purchase,"
as it was then called, into two separate
Territories. All that portion south
of the 33d parallel of north latitude,
was called the "Territory of
Orleans," and that north of the
said parallel was known as the "District
of Louisiana," and was placed
under the jurisdiction of what was
then known as "Indiana Territory."
By virtue of an act of Congress, approved
March 3, 1805, the "District
of Louisiana" was organized as
the "Territory of Louisiana,"
with a Territorial government of its
own, which went into operation July
4th, of the same year, and it so remained
until 1812. In this year the "Territory
of Orleans" became the State
of Louisiana, and the "Territory
of Louisiana" was organized as
the "Territory of Missouri."
This change took place under an act
of Congress approved June 4, 1812.
In 1819, a portion of this territory
was organized as "Arkansaw Territory,"
and in 1821 the State of Missouri
was admitted, being a part of the
former "Territory of Missouri."
This left a vast domain still to the
north, including the present States
of Iowa and Minnesota, which was,
in 1834, made a part of the"
Territory of
131
Michigan." .In
July, 1836, the territory embracing
the present States of Iowa, Minnesota
and Wisconsin was detached from Michigan,
and organized with a separate Territorial
government under the name of "Wisconsin
Territory."
By virtue of an
act of Congress, approved June 12,
1838, on the 3d of July of the same
year, the "Territoryof Iowa"
was constituted. It embraced the present
State of Iowa; and the greater portion
of what is now the State of Minnesota.
To say nothing of the title to the
soil of Iowa that may once have vested
in the natives who claimed and occupied
it, it is a matter of some interest
to glance at the various changes of
ownership and jurisdiction through
which it has passed within the time
of our historical period:
1. It belonged to France,
with other territory now belonging
to our national domain. .
2. In 1763, with other
territory, it was ceded to Spain.
3. October 1, 1800, it
was ceded with other territory from
Spain back to
France.
4. April 30, 1803, it
was ceded with other territory by
France to the
United States. ,
5. October 31, 1803,
a temporary government was authorized
by Congress for the newly acquired
territory.
6. October 1, 1804, it
was included in the "District
of Louisiana," and placed under
the jurisdiction of the Territorial
government of Indiana.
7. July 4, 1805, it was
included as a part of the "Territory
of Louisiana," then organized
with a separate Territorial government.
8. June 4, 1812, it was
embraced in what was then made the
"Territory of Missouri."
9. June 28, 1834, it
became part of the" Territory
of Michigan."
10. July 3, 1836, it was included
as a part of the newly organized "Territory
of Wisconsin."
11. June 12, 1838, it was included
in, and constituted a part of the
newly organized" Territory of
Iowa."
12. December 28, 1846, it was
admitted into the Union as a State.
The cession by
France, April 30, 1803, vested the
title in the United States, subject
to the claims of the Indians, which
it was very justly the policy of the
government to recognize. The several
changes of territorial jurisdiction
after the treaty with France did not
affect the title to the soil.
Before the government
of the United States could vest clear
title to the soil in its grantees
it was necessary to extinguish the
Indian title by purchase. The treaties
vesting the Indian title to the lands
within the limits of what is now the
State of Iowa, were made at different
times. The following is a synopsis
of the several treaties by which the
Indians relinquished to the United
States their rights in Iowa:
1. Treaty with the
Sacs and Foxes, Aug. 4, 1824.
- This treaty between the United States
and the Sacs and Foxes, was made at
the City of Washington, William Clark
being commissioner on the .part of
the United States. By this treaty
the Sacs and, Foxes relinquished their
title to all lands in Missouri, Iowa
then being a part of Missouri. In
this treaty the land in the southeast
corner of Iowa known as the "Half-Breed
Tract," was reserved for the
use of the half-breeds of the Sacs
and Foxes, they holding the title
to the same in the same manner as
Indians. This treat v was ratified
January 18, 1825.
132
2. Treaty
with various tribes, Aug. 19, 1825.
- This treaty was also made at the
city of Washington, by William Clark
as Commissioner on the part of the
United States, with the Chippewas,
Sacs and Foxes, Menomonees, Winnebagoes
and a portion of the Ottawas and Pottawattamies.
This treaty was intended mainly to
make peace between certain contending
tribes as to the limits of their respective
hunting grounds in Iowa. It was agreed
that the United States shou1d run
a boundary line between the Sioux
on the north and the Sacs and Foxes
on the south, as follows: Commencing
at the mouth of the Upper Iowa river,
on the west bank of the Mississippi,
and ascending said Iowa river to its
west fork; thence up the fork to its
source; thence crossing the fork of
Red Cedar river in a direct line to
the second or upper fork or the Des
Moines river; thence in a direct line
to the lower fork of the Calumet (Big
Sioux) river, and down that to its
junction with the Missouri river.
3. Treaty with the
Sacs and Foxes, July 15, 1830.
- By this treaty the Sacs and Foxes
ceded to the United States a strip
of country twenty miles in width lying
directly south of the line designated
in the treaty of Aug. 19, 1825, and
extending from the Mississippi to
the Des Moines river.
4. Treaty with the
Sioux, July 15, 1830. - By this
treaty was ceded to the United States
a strip twenty miles in width, on
the north of the line designated by
the treaty of Aug. 19, 1825, and extending
from the Mississippi to the Des Moines
river. By these treaties made at the
same date the United States came into
possession of a strip forty miles
wide from the Mississippi to the Des
Moines river. It was known as the
"Neutral Ground," and the
tribes on either side of it were allowed
to use it in Common as a fishing and
hunting ground until the government
should make other disposition of it.
5. Treaty with various
tribes, July 15, 1830.-This was
a treaty with the Sacs and Foxes,
Sioux, Omahas, Iowas, and Missouris,
by which they ceded to the United
States a tract bounded as follows:
Beginning at the upper fork of the
Des Moines river, and passing the
sources of the Little Sioux and Floyd
rivers, to the fork of the first creek
that falls into the Big Sioux, or
Calumet river, on the east side; thence
down said creek and the Calumet river
to the Missouri river; thence down
said Missouri river to the Missouri
State line above the Kansas; thence
along said line to the northeast corner
of said State; thence to the highlands
between the waters falling into the
Missouri and Des Moines, passing to
said highlands along the dividing
ridge between the-forks of the Grand
river; thence along said highlands
or ridge separating the waters of
the Missouri from those of the Des
Moines, to a point opposite the source
of the Boyer river, and thence in
a direct line to the upper fork of
the Des Moines, the place of beginning.
The lands ceded by this treaty were
to be assigned, or allotted, under
the direction of the President of
the United States, to the tribes then
living thereon, or to such other tribes
as the President might locate thereon
for hunting and other purposes. In
consideration of the land ceded by
this treaty the United States stipulated
to make certain payments to the several
tribes joining in the treaty. The
treaty took effect by proclamation,
February 24, 1831.
6. Treaty with the
Winnebagoes, Sept. 15, 1832. -
This treaty was made at Fort Armstrong,
by Gen. Winfield Scott, and Gov. John
Reynolds, of Illinois. By the
treaty the Winnebagoes ceded to the
United States all their lands on the
east side of the Mississippi, and
in part consideration therefor the
United States granted to the Winnebagoes
as a reservation the lands in Iowa
known
133
as the Neutral Ground.
The exchange of the two tracts was
to take place on or before June 1,
1833. The United States also stipulated
to make payment to the Winnebagoes,
beginning in September, 1873, and
to continue for twenty-seven successive
years, $10,000 annually in specie,
and also to establish a school among
them, with a farm and garden. There
were also other agreements on the
part of the government.
7. Treaty with the
Sacs and Foxes, Sept. 21, 1832.
- This was the treaty known as the
"Black Hawk Purchase," which,
opened the first lands in Iowa for
settlement by the whites, In negotiating
this treaty Gen, Winfield Scott
and Gov. John Reynolds represented
the United States. By it the Sacs
and Foxes ceded to the United States
a tract of land on the eastern border
of Iowa fifty miles wide, and extending
from the northern boundary of Missouri
to the mouth of the Upper Iowa river,
containing about six millions of acres,
The United States stipulated to pay
annually to the Sacs and Foxes $20,000
in specie, and to pay certain indebtedness
of the 'Indians, amounting to about
$50,000, due chiefly to Davenport
& Farnham, Indian traders, at
Rock Island. By the terms of the,
treaty four hundred square miles on
Iowa ,river, including Keokuk's village,
were reserved, for the use and occupancy
of the Indians. This treaty was made
on the ground where the city of Davenport
is now located. The government conveyed
in fee simple out of this purchase
one section of land opposite Rock
Island to Antoine LeClaire,
the interpreter, and another at the
head of the first rapid above Rock
Island, being the first title to land
in Iowa granted by the United States
to an individual.
8. Treaty with the
Sacs and Foxes, 1836. - This treaty
was also made on the banks of the
Mississippi, near where the city of
Davenport now stands. Gen. Henry
Dodge, Governor of Wisconsin Territory,
represented the United States. .By
it the Sacs and Foxes ceded to the
United States "Keokuk's Reserve,"
as it was called, for which the government
stipulated to pay $30,000, and an
annuity of $10,000 for ten successive
years, together with certain indebtedness
of the Indians.
9. Treaty with the
Sacs and Foxes, Oct. 21, 1837.
- This treaty was made at Washington;
Carey A. Harris, Commissioner
of Indian Affairs, representing the
United States. By this treaty the
Sacs and Foxes relinquished their
title to an additional tract in Iowa;
described as follows: "A tract
of country containing 1,250,000 acres,
lying west and adjoining the tract
conveyed by them to the United States
in the treaty of September 21, 1832.
It is understood that the points of
termination for the present cession
shall be the northern and southern
points of said tract as fixed by the
survey
made under the authority of the United
States, and that a line shall be drawn
between them so as to intersect a
line extended westwardly from the
angle of said tract nearly opposite
to Rock Island, as laid down in the
above survey, so far as may be necessary
to include the, number of acres hereby
ceded, which last mentioned line,
it is estimated, will be about twenty-five
miles," The tract ceded by this
treaty lay directly west of the "Black
Hawk Purchase."
10. Treaty with Sacs and
Foxes, same date. - At the same
date the Sacs and Foxes ceded to the
United States all their right and
interest in the country south of the
boundary line between the Sacs and
Foxes and, the Sioux, as described
in the treaty of August 19, 1825,
and between the Mississippi and Missouri
rivers, the United States paying fur
the same $160,000.
134
The Sacs and Foxes by
this treaty also relinquished all
claims and interest under the treaties
previously made with them.
11. Treaty with the
Sacs and Foxes, Oct. 11, 1842.
- This treaty was made at the Sac
and Fox Agency, by John Chambers,
as Commissioner, on behalf of the
United States. By it the Sacs and
Foxes relinquished to the United States
all their lands west of the Mississippi
to which they had any claim or title,
and agreed to a removal from the country,
at the expiration of three years.
In accordance with this treaty, a
part of them were removed to Kansas
in the fall of 1845, and the remainder
in the spring of 1846.
The treaty of 1803 with France, and
these several treaties with the Indian
tribes, vested in the United States,
the title to all the lands in the
State of Iowa--subject, however.,
to claims set up under certain Spanish
grants, and also, the claim to the
"Half-Breed Tract," in Lee
county, which claims were afterward
adjudicated in the courts or otherwise
adjusted. The following is a brief
explanation of the nature of these
claims:
The Dubuque
claim. - Lead had been discovered
at the site of the present city of
Dubuque as early as 1780, and in 1788
Julien Dubuque, then residing
at Prairie du Chien, obtained permission
from the Fox tribe of Indians to engage
in mining lead, on the west side of
the Mississippi. Dubuque, with a number
of other persons, was engaged in mining,
and claimed a large tract, embracing
as he supposed all the lead bearing
region in that vicinity. At that time,
it will be remembered, the country
was under Spanish jurisdiction, and
embraced in the "Province of
Louisiana:" In 1796 Dubuque petitioned
the Spanish Governor of Louisiana,
Carondelet, for a grant of the lands
embracing the lead mines, describing
in his petition a tract containing
over twenty thousand acres. The Spanish
governor granted the petition, and
the grant was confirmed by the Board
of Land Commissioners of Louisiana.
Dubuque, in 1804, transferred the
larger part of his claim to Auguste
Choteau, of St. Louis. On the
17th of May, 1805, Dubuque and Choteau
filed their joint claims with the
Board of Land Commissioners, and the
claim was decided by them to be a
clear and regular Spanish grant, having
been made and completed prior to October
1st, 1800, and while it was yet Spanish
territory. Dubuque died March 24,
1810. After the death of Dubuque the
Indians resumed occupancy of the mines
and engaged themselves in mining to
some extent, holding that Dubuque's
claim was only a permit during his
lifetime, and in this they were sustained
by the military authority of the,
United States, notwithstanding the
decision of the Land Commissioners.
In the treaty afterward between the
United States and the Sacs and Foxes,
the Indians made no reservation of
this claim, and it was therefore included
as a part of the lands ceded by them
to the United States. In the meantime
Auguste Choteau also died,
and his heirs began to look after
their interests. They authorized their
agent to lease the privilege of working
the mines, and under this authority
miners commenced operations, but the
military authorities compelled them
to abandon the work. But little further
was done in the matter until after
the town of Dubuque was laid out,
and lots had been sold and were occupied
by purchasers, when Henry Choteau
brought an action of ejectment against
Patrick Malony, who held land under
a patent from the United States, for
the recovery of seven undivided eighths
of the Dubuque claim, as purchased
by Auguste Choteau in 1804. The case
was decided in the United States District
Court adversely to the plaintiff.
It was carried to the Supreme Court
of the United States on a writ of
error, where the decision of the lower
court was affirmed. The
135
Supreme Court held that
Dubuque asked, and the Governor of
Louisiana wanted, nothing more than
peaceable possession of certain lands
obtained from the Indians, and that
Carondelet had no legal authority
to make such a grant as claimed.
The Giard Claim.
- The Lieutenant Governor of Upper
Louisiana, in 1795, granted to one
Basil Giard 5,760 acres in what
is now Clayton county. Giard took
possession and occupied the land until
after the territory passed into the
possession of the United States, after
which the government of the United
States granted a patent to Giard,
for the land which has since been
known as the "Giard Tract."
His heirs subsequently sold the whole
tract for $300.
The Honari
Claim . - On the 30th day of March,
1799, Zenon Trudeau, Acting
Lieutenant Governor of Upper Louisiana)
granted to Louis Honori a tract
of land on the site of the present
town of' Montrose, as follows: "It
is permitted to Mr. Louis (Fresson)
Henori, or Louis Honori Fesson,
to establish himself at the head of
the rapids of the River Des Moines,
and his establishment once formed,
notice of it shall be given to the
Governor General, in order to obtain
for him a commission of a space sufficient
to give value to such establishment,
and at the same time to render it
useful to the commerce of' the peltries
of this country, to watch the Indians
and keep them in the fidelity which
they owe to His Majesty." Honori
retained possession until 1805, but
in 1803 it was sold under an execution
obtained by one Joseph Robedoux;
who became the purchaser. The tract
is described as being "about
six leagues above the Des Moines."
Auguste Choteau, the executor
of Robedoux, In April, 1805, sold
the Honori tract to Thomas F. Reddeck.
In the grant from the Spanish government
it was described as being one league
square, but the government of the
United States confirmed only one mile
square. Attempts were subsequently
made to invalidate the title of the
Reddeck heirs, but it was finally
confirmed by the Supreme Court of
the United States, in 1839.
The Half-Breed
Tract. - By a treaty made with
the Indians, August 4, 1824, the United
States acquired possession of a large
tract of land in the northern portion
of Missouri. In this same treaty 119,000
acres were reserved for the use of
the half-breeds of the Sac and Fox
nation. This reservation occupied
the strip between the Mississippi
and Des Moines rivers, and south,
of a line drawn from a point on the
Des Moines river, about one mile below
the present town of Farmington, in
Van Buren county, east to the Mississippi
river at the lower end of Fort Madison,
including all the land between the
two rivers south of this line. By
the terms of the treaty the United
States had a reversionary interest
in this land, which deprived the Indians
of the power to sell. But, in 1835,
Congress relinquished to the half-breeds
this reversionary interest, vesting
in them a fee simple title, and the
right to sell and convey. In this
law, however, the right to sell was
not given to individuals by name,
but to the half-breeds as a class,
and in this the subsequent litigation
in regard to the "Half-Breed
Tract" originated. A door was
open for innumerable frauds. The result
was that speculators rushed in and
began to buy the claims of the half-breeds,
and, in many instances, a gun, a blanket,
a pony or a few quarts of whisky was
sufficient for the purchase of large
estates. There was a deal of sharp
practice on both sides; Indians would
often claim ownership of land by virtue
of being half-breeds, and had no difficulty
in proving their mixed blood by the
Indians, and they would then cheat
the speculators by selling land to
Top
136
which they had no rightful
title. On the other hand, speculators
often claimed land in which they had
no ownership. It was diamond cut diamond,
until at last things became badly
mixed. There were no authorized surveys,
and no boundary lines to claims and,
as a natural result, numerous conflicts
and quarrels ensued. To settle these
difficulties, to decide the validity
of claims or sell them for the benefit
of the real owners, by act of the
Legislature of Wisconsin Territory,
approved January 16, 1838, Edward
Johnstone, Thomas S. Wilson and David
Brigham were appointed commissioners,
and clothed with power to effect these
objects. The act provided that these
commissioners should be paid six dollars
a day each. The commission entered
upon its duties and continued until
the next, session of the Legislature,
when the act creating it was repealed,
invalidating all that had been done
and depriving the commissioners of
their pay. The repealing act, however,
authorized the commissioners to commence
action against the owners of the Half
Breed Tract, to receive their pay
for their services, in the District
Court of Lee county. Two judgments
were obtained, and on execution the
whole of the tract was sold to Hugh
T. Reid, the sheriff executing
the deed. Mr. Reid sold portions of
it to various parties, but his own
title was questioned and he became
involved in litigation. Decisions
in favor of Reid and those holding
under him were made by both District
and Supreme Courts, but in December,
1850, these decisions were finally
reversed by the Supreme Court of the
United States in the case of Joseph
Webster, plaintiff in error, vs.
Hugh T. Reid, and the judgment
titles filed. About nine years before
the "Judgment titles" were
finally abrogated, as above, another
class of titles was brought into competition
with them, and in the conflict between
the two, the final decision was obtained.
These were the titles based on the
"decree of partition " issued
by the United States District Court
for the Territory of Iowa, on the
8th of May, 1841, and certified to
by the clerk on the 2d day of June
of that year. Edward Johnstone
and Hugh T. Reid, then law
partners at Fort Madison, filed the
petition for the decree in behalf
of the St. Louis claimants of half-breed
lands. Francis S. Key, author
of the "Star Spangled Banner,"
who was then attorney for the New
York Land Company, which held heavy
interests in these lands, took a leading
part in the measure, and drew up the
document in which it was presented
to the court. Judge Charles Mason,
of Burlington, presided. The plan
of partition divided the tract into
101 shares, each claimant to draw
his proportion by lot, and to abide
the result. The plan was agreed to
and the lots drawn. The plat of the
same was filed for record, October
6th, 1841. The title under this decree
of partition, however, was not altogether
satisfactory. It was finally settled
by a decision of the Supreme Court
of the United States, in January,
1855.
SYSTEM OF PUBLIC LAND
SURVEYS.
In connection
with the subject of land titles, au
explanation of the method of public
surveys will prove interesting to
all land owners. These explanations
apply, not only to Iowa, but to the
Western States generally, and to nearly
all lands the title to which is derived
from the Government.
Soon after the
organization of our government, Virginia
and other States, ceded to the United
States extensive tracts of' wild land,
which, together with other lands subsequently
acquired by purchase and treaty, constituted
what is called the public lands, or
public domain. Up to the year 1802,
these lands were sold without reference
to any general or uniform
137
plan. Each person who
desired to purchase any portion of
the public domain, selected a tract
in such shape as suited his fancy,
designating his boundaries by prominent
objects, such as trees, rocks, streams,
the banks of 'rivers and creeks, cliffs,
ravines, etc. But, owing to the frequent
indefiniteness of description, titles
often conflicted with each other,
and in many cases several grants covered
the same premises.
To obviate these
difficulties, in 1802, Col. Jared
Mansfield, then surveyor general
of the Northwestern Territory devised
and adapted the present made of surveying
the public lands. This system was
established by law, and is uniform
in its application to all the public
lands belongings to the United States.
By this method,
all the lines are run by the cardinal
points of the compass; the north and
south lines coinciding with the true
meridian, and the east and west lines
intersecting them at right angles,
giving to the tracts thus surveyed
the rectangular form.
In the first place,
certain lines are established running
east and west, called Base Lines.
Then, from noted points, such as the
mouths of principal rivers, lines
are run due north and south, which
are called Principal Meridians. The
Base Lines and Principal Meridians
together, are called Standard Lines,
as they form the basis of all the
surveys made therein.
In order to distinguish
from each other the system or series
of surveys thus formed, the several
Principal Meridians are designated
by progressive numbers. The Meridian
running north from the mouth of the
Great Miami river, is called the First
Principal Meridian; that running north
through the State of Indiana, the
Second Principal Meridian; that running
north from the mouth of the Ohio river
through the State of Illinois, the
Third Principal Meridian; that running
north from the mouth of the Illinois
river, through the States of Illinois
and Wisconsin, the Fourth Principal
Meridian; and that running north from
the mouth of the Arkansas river, through
the States of Arkansas, Missouri,
Illinois, Iowa and Wisconsin, the
Fifth Principal Meridian.
Having established
the Standard Lines as above described;
the country was then divided into
equal squares as nearly as practicable,
by a system of parallel meridians
six miles distant from each other,
crossed or intersected by lines east
and west, also six miles from each
other. Thus the country was divided
into squares, the sides of which are
six miles, and each square containing
36 square miles. These squares are
called Townships. The lines of the
townships running north and south
are called Range Lines; and the rows
or tiers of townships running north
and south are called Ranges; tiers
of townships east and west are called
Townships; and the lines dividing
these tiers are called Township Lines.
Townships are numbered from the Base
Line and the Principal Meridians.
Thus the township, in which Sioux
City, Iowa, is located, is described
as township No. 89 north, in range
No. 47 west of the Fifth Principal
Meridian. The situation of this township
is, therefore, 528 miles (making no.
allowance for fractional townships)
north of the Base Line, as there are
88 townships intervening between it
and the Base Line; and being in range
No.. 47, it is 276 miles west of the
Fifth Principal Meridian, as there
are 46 ranges of townships intervening
between it and the said Principal
Meridian. The township adjoining an
the north of 89 in range 47, is 90
in range 47; but the township adjoining
on the west of 89 in range 47, is
numbered 89 of range 48, and the one
north of 89 of range 48, is 90 of
range 48, and so on.
138
Some of the townships
mentioned in this illustration, being
on the Missouri and Big Sioux rivers,
are fractional.
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on images for full size
The lines and corners
of the townships being established
by competent surveyors, under the
authority of the government, the next
work is to subdivide the townships
into sections of one square mile each,
making 36 sections in each full township;
and each full section containing 640
acres. The annexed diagram exhibits
the 36 sections of a township:
The sections are numbered
alternately west and east, beginning
at the northeast corner of the township,
as shown by the diagram.
The lands are sold or disposed of
by the government, in tracts of 640
acres, 320 acres, 160 acres; 80 acres
and 40 acres; or by the section, half
section, quarter section, half quarter
section and quarter of quarter section.
The annexed diagram will present a
section and its sub-divisions:
The corners of the section, and the
corners at N., E., S. and W. have
all been established and marked by
the government surveyor in making
his sub-division of the township,
or in sectionizing, as it is
termed. He does
139
not establish or mark
any of the interior lines or corners.
This work is left for the county surveyor
or other competent person. Suppose
the last diagram to represent section
25, in township 89, north of range
47 west, then the sub-divisions shown
may be described as the northwest
quarter of section 25; the southwest
quarter of section 25; the southeast
quarter of section 25, all in township
89 north of range 47 west of the 5th
Principal Meridian. But these descriptions
do not include any portion of the
northeast quarter of the section.
That we wish to describe in smaller
sub-divisions. So we say, the east
half of the northeast quarter of-section
25; the northwest quarter of the ,northeast
quarter of section 25, and the southwest
quarter of the northeast quarter
of section 25, all in township 89
north of range 47 west of the 5th
Principal Meridian. The last three
descriptions embrace all the northeast
quarter of the section, but described
in three distinct tracts, one containing
80 acres, and two containing 40 acres
each.
The Base Lines
and Principal Meridians have been
established by astronomical observations;
but the lines of sub-divisions are
run with the compass. The line indicated
by the magnetic needle, when allowed
to move freely about the point of
support, and settle to a state of
rest, is called the magnetic variation.
This, in general, is not the true
meridian, or north and south line.
The angle which the magnetic
meridian makes with the true meridian,
is called the variation of the needle
at that place, and is east or west,
according as the north end of the
needle lies on the east or west side
of the true meridian. The variation
of the needle is different at
different places, hit in Iowa the
magnetic needle points about 91/2
degrees east of the true meridian.
The lines of the lands are made to
conform as nearly as practicable to
the true meridian, but owing to the
imperfections of instruments, topographical
inequalities in the surface of the
ground, and various other causes,
it is absolutely impossible in practice
to arrive at perfection; or, in other
words, to make the townships and their
sectional sub-divisions exactly
square and their lines exactly
north and south and east and west.
A detailed statement of the manner
of sub-dividing a township into sections
would be too lengthy for this article.
Suffice it to say, that the fractional
tracts are all thrown on the north
and west sides of thetownships. The
last tiers, or rows, of quarter sections
on the north and west sides of a township
generally fall either below or in
excess of even quarter sections. Where
there is a large district of country
of uniform level surface, the errors
of measurement are not likely to be
so great, and the fractions in that
case may not vary much from even quarter
sections.
All measurements
are made in chains. A chain is a measure
of four rods, each link being the
hundredth part of a chain, and is
so used in the field notes and calculations.
For convenience in practice, however,
the surveyor generaly [generally]
uses a half chain, equal to
two rods, or fifty links, but the
surveyor's reckoning is kept, and
all-his calculations are made in full
chains of four rods, and decimal parts
thereof. In the measurement of lines,
every five chains are called, an "out,"
because at that distance, the last
of the ten tally rods or pins, with
which the forward chainman set out,
has been set to mark the measurement.
The other chainman then comes forward,
counts and delivers to him the ten
tally rods which he has taken up in
the last "out," the forward
chainman likewise counting the pins
as he receives them. At the end of
every five chains, the forward chainman
as he sets the tenth or last tally
rod, calls, "out," which
is repeated by the other chainman,
and by the marker and surveyor, each
of whom keeps a tally of the"
outs,"
140
and marks the same as
he calls them. Sixteen "outs,"
or eighty chains, make a mile.
The corners of townships, sections
and quarter sections, are marked in
the following manner:
On the exterior
township lines, corner posts are set
at the distance of every mile and
half mile from the township corner.
The mile posts are for the corners
of sections, and the half-mile posts
for the corners of quarter sections.
They are required to be driven into
the ground to the depth of from fifteen
to twenty inches, and to be made of
the most durable wood to be had. The
sides of the posts are squared off
at the top, and the angles of the
square set to correspond with the
cardinal points of the compass. All
the mile posts on the township lines
are marked with as many notches cut
in one of the angles as they are miles
distant from the township corner where
the line commenced. But the township
corner posts are notched with six
notches on each of the four angles.
The mile posts on the section lines
are notched on the south and east
angles of the square, respectively,
with as many notches as they are miles
distant from the south and east boundaries
of the township. If it so happens
that a tree is situated to supply
the place of a corner post, it is
"blazed" on four sides facing
the sections to which it is the corner,
and notched in the same manner that
the corner posts are. At all corners
in the timber, two or more bearing
trees in opposite directions are required
to be noted; and the course of each
tree noted and recorded. The trees
are "blazed" on the side
facing the post, and the letters B.
T. (Bearing Tree) cut in the wood
below the blaze. At the quarter section
corners, the post is flattened on
opposite sides, and marked "1/4,"
and the nearest suitable tree on each
side of the section line is marked
to show the township, range and section
in which such tree is situated. More
recent regulations require four witnesses,
or bearing trees, at the township
and section corners, and two at the
quarter section corners, if within
convenient distance.
In the prairies,
and other places where bearing trees
could not be noted, quadrangular mounds
of earth are raised around the posts,
the angles of the mounds corresponding
with the cardinal points of the compass.
The mounds are required to be two
and a-half feet high and four feet
square at the base. The earth to form
the mound at the section corner is
taken from one place to form the pit
directly south, of the mound; and
at the quarter section corner it is
taken directly east of the mound.
The posts are squared and notched
as heretofore described. More recent
regulations require stones or charcoal
to be buried in the mound.
In the timber
the lines are marked in the following
manner: All those trees which the
line cuts have two notches on each
side of the tree where the line cuts
it. These are called "station
trees," and sometimes "line
trees," or "sight trees."
All trees within ten or fifteen links
on each side, of the line are marked
with two spots or "blazes,"
diagonally or quartering toward the
line. The names and estimated diameters
of all the "station trees,"
with their distances on the lines,
are noted.
In the northwest
part of Iowa, where the prairie so
largely predominates, the landmarks,
of course, are chiefly mounds and
pits. The original stakes set by the
surveyors have mostly been destroyed
by the fires, but occasionally one
may be found. Many of the mounds and
pits have also been partially obliterated,
but the experienced surveyor will
generally identity them with very
little trouble. A person in search
of the landmarks on the prai-
141
rie
should provide himself with a compass
with which to trace the lines. A small
one will answer the purpose of ascertaining
lines approximately, but for finding
the sub-divisions accurately, a good
compass or transit and chain are required.
The field notes
of the original surveys furnish primarily
the material from which the plats
and calculations of the public lands
are made, and the source from whence
the description and evidence of the
location and boundaries of those surveys
are drawn and perpetuated. The surveyors
of the public lands were, therefore,
required to keep an accurate record
of the topography of the country,
with a description of everything which
might afford useful information. The
crossings of streams, lakes, ponds,
sloughs, etc., with their location
on the lines, were all required to
be carefully noted.
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