LAND CLAIMS IN SOUTHEAST MISSOURI

Problems Following the Louisiana Purchase

The Louisiana Purchase in 1803 by the United States caused a lot of problems for the pre-Purchase colonists and their successors. They had to prove that they had made settlement on the land and were in actual possession of it on the date of the transfer. A board was set up and took evidence from 1808 to 1812, again in 1816 and finally in 1832. The board made a partial report in 1834 and submitted to Congress on December 10, 1835 their final report.

The entries in the report are terse, their summaries of the testimony offered by the settlers or their successors in support of the claims give very welcome details about the early settlers.

These summaries of the testimony are copied from the book "Missouri Land Claims" and concern some who settled in Cape Girardeau County.

"in the claim of the heirs of ZACHARIAH OOWIY, and his wife, deceased, claiming 450 arpens of land on Hubble's cree. ALEXANDER SUMMERS, sworn, says that Elizabeth Dowty, about the year 1800, built a camp on said tract, and that he, witness, ployghed a small piece of ground on the same for her, and sowed turnips. JOHN SUMMERS, sen., says that this land was improved and settled in 1800 or 1801, built a cabin, cleared, enclosed, and cultivated a small spot, cultivated and inhabited in the year 1803, and ever since; upwards of twenty acres in cultivation, a peach orchard. Elizabeth Dowty died, and was buried on the premises."

JOHN RODNEY, states that he was well acquainted with JENNY or JANE LOGAN: first became acquainted with her in 1802. She lived on Hubble's creek where she inhabited and cultivated a place. She had then children living with her. There were also fruit trees on the place, which is distant about nine miles south of the present town of Jackson."

"JAMES WILBORN (53 years old) said JOHN BALDWIN moved to the district of Cape Girardeau in the fall of 1803, and settled in Tywapity bottom, and set out a nursery of fruit trees. In 1804, he planted corn and raised a crop. The said John was a married man; had a wife and four children at the time he made the said improvement.

"DANIEL BRANT states that he was on the Indian expedition to New Madrid, in 1802, which was performed by order of the Spanish authorities at Cape Girardeau. Amongst others who served a tour on said campaign was CHARLES SEXTON, who acted as drummer. He lived in Cape Girardeau district, and was absent from home about 6 weeks; the men were promised land by the Spanish general and commandant, for serving on said expedition. CHARLES SEXTON made small improvement in the year 1803, but did not inhabit: this land 350 arpens situate on White Waters was afterwards taken in by survey of EZEKIEL ABLE.

"DANIEL BRANT (59 years old) moved to and settled in the district of Cape Girardeau in the year 1798 and was. and still well acquainted with HUGH CRISWELL, that he knows of the said Hugh inhabiting and cultivating a place on the waters of Randall's creek, adjoining one Anthony Randall in the year 1802. Criswell cultivated corn and other grain. He had a cabin and about 7 acres of land cleared. He also had a family, consisting of a wife and three children.

"HUGH CRISWELL (about 67 years old) was well acquainted with JOHN TAYLOR. SAMUEL PEW, DAVID PATTERSON, RICHARD WALLER were also acquainted with JOHN TAYLOR. They knew him in the year 1803, he was a farmer, had a wife, three boys and two girls. He built a house in Spanish times, and set out peach and apple trees for an orchard. JOHN TAYLOR died about 1814. His land situate on Hubble's and Randall's creek.

"DENNIS SULLIVAN claiming land on Byrd's creek, a plat of survey, dated 30th December 1805. JOHN McCARTY says that DENNIS SULLIVAN came to Louisiana in the year 1802, and worked at the blacksmith business for two years; since which he has taught a school.

"CURTIS WILBOURN - JOHN BALDWIN knew Curtis. He came to the district of Cape Girardeau in the year 1803, settled in Tywapity, built a house and clearing land in 1804 he raised corn and other things on place. JOHN BALDWIN saw his permission to settle on the books of Lorimier. Curtis Wilbourn was married, had a wife and 6 children, five sons and one daughter. Curtis was killed some six or eight years ago. Only 2 of the children are living. 11 June 1833.

 

"JOHN BALDWIN (62 years old) knew JAMES WILBOURN in the fall of 1803, settled in Tywapity bottom; had a cabin, wife and one child. Bridget Lane, widow, stated that she moved to the district of New Madrid about 3 years before the Americans took possession. The Christmas a year after she had moved, JAMES WILBURN, came to the country, and his father's family ate dinner with us. The same winter or next spring, JAMES WILBOURN planted seed which he brought from Georgia with him. Sworn to 9th April 1835.

"JACOB MILLER, claiming 350 arpens of land on White Water. JOSEPH NEYSWANGER affirmed that JACOB MILLER settled in the year 1804, cultivated 10 acres, had a cabin and stable. Jacob had a wife and one child. ISAAC MILLER said that his father, JOHN MILLER, emigrated to the territory in Oct. 1803, that Jacob, an elder brother moved with him. LOUIS LORIMIER granted to each of them 300 arpens each. JOSEPH NISWANGER was acquainted with Jacob Miller, he cleared the land and raised a crop in the year 1804 and continued to cultivate his farm till he moved probably the year 1820.        

"WILLIAM THOMPSON claiming 640 acres of land on Hubble's Creek. WILLIAM WILLIAMS (about 58 or 59 years old) moved to and settled in the district of Cape Girardeau in 1799 and he was well acquainted with WILLIAM THOMPSON. He had improvement on the waters of Randle's creet in 1800 or 1801.

"DAWALT CRITZ came to this country, then the province of Upper Louisiana in the year 1802, he was a cripple and unable to go about much. DANIEL BOLLINGER applied to and obtained permission or grant from LOUIS LORIMIER, Spanish commandant of the district, for him to settle. Critz actually cultivated in the year 1804, and had the land surveyed. He builded a good dwelling-house, out-houses, barn, stables and had a orchard. His will signed 19th of January 1805 he list 6 children: Peter, Abraham & David Crize, Barbara Critze, wife-of Daniel Bollinger, Margaret Crize, wife of Peter round, and Catherine Critze, widow of Jacob Flangger. His land grant of 200 arpens was located northwest of Burfordville.

"ABRAHAM RANDALL - THOMAS BULL, duly affirmed, says that said land was first improved by the establishment of a cabin by witness's brother-in-law, who abandoned the same in two or three months as public lands. In 1801 or 1802, Peter Bellen took \possession of and lived in the said cabin for a short time, who, in 1803, left the same; after which, claimant made a settlement in 1804, repaired the roof of the cabin and planted peach trees, who has ever since inhabited and cultivated the premises. About seven or eight acres now in cultivation. Claimant has a wife and two children.

The following testimony taken as aforesaid, May 31st, 1808:        

JOHN ABERNATHIE, duly. sworn, says that, when Peter Bellen left the premises, in September, 1803, he offered for sale merely his labor on this land, disclaiming all right to the soil, intending to place, or having previously placed, his head-right on or near White-water.

MEDAD RANDALL, duly sworn, says Peter Bellen left premises with an intention to keep a stock for witness. Some little time after this, claimant observed to Bellen that he wished to settle on this tract thus abandoned; Bellen replied, that he might do so, for that he, Bellen, had no claim to it; he was welcome. Laid over for decision. See book No. 3, page 477... December 22d, 1809 Abraham Randall, claiming 778 arpens 29 perches of land...It is the opinion of the Board that this claim ought not to be granted... June 19th, 1835. Abraham Randall, claiming by his legal representatives, 78 arpens 29 perches of land, situate on Hubble and Randal's creek... August 18th, 1885. Abraham Randall claiming 300 arpens 0 perches of land... The Board are unanimously of opinion that 300 arpens of land ought to be confirmed to the said Abraham Randall or his legal representatives, according to the concession and list A, on which claimant is NO. 52, for 300 arpens. For concession and list A, see Joseph Thompson, junior's claim, decision No. 202. See No. 7, page 218. JAMES H. RELFE, F.R.CONWAY, F.H.MARTIN."