Early History of Land

in
Franklin County Illinois





EARLY HISTORY


     Other than the Native American Indian population, the French were the first to 
  explore and settle in Illinois. We have all heard of Joliet and Marquette.  The 
  great difference between the French and American settlers is that the French came 
  to trade, and the trade depended upon a good relationship with the Indians. The 
  Americans wanted the land and wanted the Indians gone.

     France pretty much ruled the Mississippi and Wabash Rivers. Then we had the 
  French and Indian War against Britian. This war was settled in 1763, by the 
  Treaty of Paris. In this settlement, Britain received control over all lands 
  east of the Mississippi River including lands in Canada to the Rocky Mountains 
  and Spain received the land west of the Mississippi.

     During the ensuing years, Pontiac's Rebellion in 1763 and the Revolutionary War, 
  Britain enforced little to no control over the land in Illinois.

     After the Revolution and the British departure, all the existing states were asked 
  by the Federal government to relinquish their land claims in the west, making the 
  state boundaries in the location they held at the beginning of the war. 

     Finally in 1783, Virginia ceded claims north of the Ohio and elsewhere, keeping 
  Kentucky. Virginia's Act of Cession included wording that promised that French 
  inhabitants in Illinois along the Wabash "shall have their possessions and titles 
  confirmed to them and be protected in the enjoyment of their rights and liberties". 
  Three years later the same wording protecting the rights of Illinois settlers, 
  appeared verbatim in the Northwest Ordinance which established the Northwest Territory.


PRE-EMPTIVE RIGHTS

     Settlers who migrated to Illinois after Virginia relinquished its claims to the 
  Illinois County experienced problems in selecting a site on which to live…they had 
  little to no choice. Only the old French colonies in the Mississippi Bottom and the 
  land along the west bank of the Wabash were available for settlement….the rest of
  Illinois belonged to the Indian. 

     For 19 years conditions remained unchanged. Finally in 1803, the Piankashaw and 
  Illini tribes ceded their rights to over nine million acres in southern Illinois.  
  To the disappointment of the settlers, this newly acquired land was not for sale. 
  Land grants had been authorized to Americans who arrived in Illinois prior to 1783 
  and to militiamen in 1790.  Squatters in Randolph and St Clair Counties  signed 
  petitionss and sent these petitions to Congress requesting land grants.  Congress 
  responded by passing the Act of 1807.  The provisions of the Act stated that only 
  settlers occupying government land before March 3, 1807, were permitted to remain in 
  Illinois, provided permission was applied for before January 1, 1808.

     The squatters wanted land grants, instead after many debates in the Congress of 
  the United States, they received pre-emptive rights.

     Pre-emptive Land Rights. 05 February 1813, squatters who had actually inhabited and 
  made improvements to a tract of land, were given the first opportunity to buy the land 
  on which they settled.  Harold Felty in one of his studies, stated that there were 118 
  pre-emptive rights claims to land made to the Shawneetown Land District Office. Some 
  squatters did not file these pre-emptive claims, because of lack of funds.



TWO TRADITIONS OF LAND SALES


     1.   People claimed authorized quantities of land with undesignated locations. 
          Property descriptions included locations of trees, rivers, rocks & other 
		  markers, producing odd shaped fields & irregular boundaries.

  VA  KY & TN maps

     2.   The 2nd tradition came out of New England and evolved into the township 
          tradition. Straight lines were used whenever possible. Surveyors plotted 
          lots within townships before sales and settlement.

  MI & IA maps

             The 1785 Land Ordinance established the township and range
          rectangular survey system for new public lands. It divided land
          into townships 6 miles square; townships contain 36 sections, 
          each section one mile square and consisting of 640 acres. The law 
          also required appointed surveyors to draw plats; and empowered 
          the Federal government to sell the lands to the public.

     1803 was the first survey of Illinois Lands, those lands that were in the 
  Vincennes Tract.  

     In 1806 they began surveying land in southern Illinois.

     The Shawneetown Land Office was opened in 1812 but no sales were made until 1814.

     Late 1814, found settlement largely confined to a U shaped region 
  stretching from near Alton to modern Franklin County and then 
  northeast to the Wabash River north of Vincennes. 

 
     Land Acts of the United States Congress in 1796, 1800 and 1804, 
  created a credit system for the sale of public lands.  These acts 
  provided for the purchase of quartersections (160 acres) at $2.00 
  per acre, with one-twentieth payable at the time of purchase, and 
  installments payments to be paid over a period of four years.  After 
  an individual made all payments, a patent would be issued from 
  the Federal Government.

     In 1817, land sales were changed.  The minimum purchase was 
  changed to 80 acres, $2.00 an acre - 5 % down payment - after 40 
  days another 20% was due.  The remaining 75% was due interest 
  free, in three equal annual payments. 

     By 1820, Washington realized the credit system was not operating as planned.  
  Many buyers were over extending themselves; and the Credit System was discontinued.

     On 30 June 1820 the land price was lowered to $1.25 per acre with a minimum of 80 
  acres. Payment was made in cash. However, the credit system was not completely closed 
  until the 1830s.

     In 1835, the boundaries of Franklin County were changed. Part of Goode Township 
  became Perry County and Tyrone Township received more acreage to the west. 

     On 1850, Congress passed a law granting to several States the swamp and overflow 
  lands to the counties in which they were situated, "for the purpose of constructing 
  the levees and drains to reclaim the said land."  



These lands were referred to as "Swamp Lands".

Basically there were
380 acres in Goode Township; 480 acres in Tyrone Township; 1600 acres in Six Mile Township; 4360 acres in Barren Township; 5160 acres in Browning Township; 4600 acres in Denning Township; 800 acres in Ewing Township; 5040 acres in Benton Township; 4400 acres in Frankfort Township; 400 acres in Northern Township; 1960 acres in Eastern Township; and 920 acres in Cave Township. A 2nd Swamp Land selection was made of and additional 6716 acres ….making a total of 40416 acres in all to which the county acquired title. This swamp land was sold by the county for $20466.83. The Illinois Archives does not have records of these sales, but Franklin County does have a "Swamp Land" registry ledger, and I assume other counties do also. In 1850, the State of Illinois also granted the Illinois Central Railroad Company title to 33, 078 acres of land in Franklin County in order to construct a railway. In 1854, Congress passed the Graduation Act, known as the "Bit Act", which reduced the price of Public Lands in Illinois from $1.25 per acre to 12 ˝ cents per acre. There were two officials at each Land Office, a Register and a Receiver. The Register accepted applications for land purchases and the Receiver kept a daily record of all receipts of land payments. In 1856, the Shawneetown Land District Office was closed and all records were transferred to the Springfield District Land Office. Land Records and the accompanying Plat Maps have had different caretakers over the years; the United States Survey General Office, the St Louis Office of the Surveyor General, the Auditor of Public Accounts. But since 1957, the Illinois Secretary of State is the curator of the land records and they are located in the Illinois Archives. Bureau of Land Managements also has corresponding records.
SHAWNEETOWN LAND DISTRICT RECORDS
Submitted by: Sheila Cadwalader





SHAWNEETOWN LAND OFFICE RECORDS


    The Shawneetown Land District Office was created by an act of Congress of 
	February 21, 1812. Part of the land in the new district had formerly been 
	attached to the Kaskaskia Land District. A small portion of the Vincennes 
    (Indiana) District also was added to Shawneetown after the boundaries of 
	the State of Illinois were established. 

    The first sale of public land occurred in Shawneetown on July 18, 1814 
	after sufficient surveys had been completed. In 1820 the land north of the 
	baseline for the second and third principal meridians became part of the 
	two new land offices established at Palestine and Vandalia. 

    The Shawneetown Land Office was discontinued on May 2, 1856 and the 
    responsibility for selling all remaining public land in the district was 
	transferred to the Springfield Land District Office.
	
  RECEIVER'S AND REGISTER'S CORRESPONDENCE. Ca. 1812-1876. 10 vols. and 3 cu. ft. 
  No index. 

  RECEIVER'S JOURNAL (CREDIT SYSTEM). July 18, 1814-September 1, 1831. Fair 
  copy: 5 vols. Rough copy: 2 vols. No index. 

  RECEIVER'S GENERAL LEDGER (CREDIT SYSTEM). July 18, 1814-September 1, 1831. 
  3 vols. No index. 

  RECEIVER'S INDIVIDUAL LEDGER (CREDIT SYSTEM). July 23, 1814-ca. July 1820. 
  3 vols. Index. 

  RECEIVER'S INDIVIDUAL LEDGER FOR SHAWNEETOWN LOTS (CREDIT SYSTEM). October 
  4, 1814-ca. July 1829. 1 vol. Index. 

  RECEIVER'S JOURNAL (CASH SYSTEM). July 3, 1820-September 30, 1834. 1 vol. 
  No index. 

  RECEIVER'S LEDGER (CASH SYSTEM). July 3, 1820-September 30, 1834. 1 vol. 
  No index. 

  RECEIVER'S QUARTERLY ACCOUNTS. October 1, 1834-June 30, 1849. 3 vols. No index. 

  RECEIVER'S WEEKLY ACCOUNTS. October 10, 1846-June 9, 1849. 1 vol. No index. 

  RECEIVER'S QUARTERLY ACCOUNTS ACTING AS DISBURSING AGENT UNDER ACT OF MARCH 3, 1849.
   September 15, 1849-July 19, 1855. 1 vol. No index. 

  RECEIVER'S REGISTER OF RECEIPTS (CREDIT SYSTEM). July 18, 1814-January 7, 1831. 

  RECEIVER'S REGISTER OF RECEIPTS (CASH SYSTEM). July 3, 1820-November 17, 1855. 
  Fair copy: 3 vols. Rough copy: 1 partial vol. No index. 

  RECEIVER'S RECEIPTS ISSUED TO LAND PURCHASERS (CASH SYSTEM). July 3, 1820-
  June 27, 1854. 4 cu. ft. No index. 

  RECEIVER'S REGISTER OF CANCELED U.S. TREASURY NOTES. July 3, 1838-May 10, 1843. 
  1 vol. No index. 

  RECEIVER'S REGISTER OF FORFEITED LAND STOCK AND MILITARY BOUNTY LAND SCRIP RECEIVED. 
  April 6, 1831-October 26, 1846. 1 partial vol. No index. 

  REGISTER'S JOURNAL (CREDIT SYSTEM). July 18, 1814-February 25, 1819; August 24, 
  1821-September 1, 1831. Fair copy: 5 vols. and 1 partial vol. Rough copy: 1 vol. and 
  1 partial vol. No index. 

  REGISTER'S GENERAL LEDGER (CREDIT SYSTEM). July 18, 1814-September 1, 1831. 
  2 vols. No index. 

  REGISTER'S INDIVIDUAL LEDGER (CREDIT SYSTEM). July 18, 1814-January 7, 1831. 
  4 vols. Index for accounts opened July 23, 1814-March 5, 1819. 

  REGISTER'S INDIVIDUAL LEDGER FOR SHAWNEETOWN LOTS (CREDIT SYSTEM). October 3, 
  1814-ca. October 1829. 1 vol. Index. 

  REGISTER'S JOURNAL (CASH SYSTEM). July 3, 1820-July 3, 1834. 1 vol. No index. 

  REGISTER'S LEDGER (CASH SYSTEM). July 3, 1820-July 3, 1834. 1 vol. No index. 

  REGISTER'S SALES BOOK. July 3, 1820-June 18, 1835. 1 vol. No index. 

  REGISTER'S CERTIFICATES ISSUED TO LAND PURCHASERS (CREDIT SYSTEM). July 18, 
  1814-September 1820. 2 cu. ft. No index. 

  REGISTER'S STUBS FOR CERTIFICATES ISSUED TO LAND PURCHASERS (CASH SYSTEM). 
  July 3, 1820-August 13, 1838. 0.75 cu. ft. No index. 

  REGISTER'S RECORD OF APPLICATIONS TO PURCHASE LAND AND PAYMENTS OF SUBSEQUENT 
  INSTALLMENTS. July 18, 1814-July 8, 1819. 2 vols. Index. 

  REGISTER'S RECORD OF APPLICATIONS TO PURCHASE SHAWNEETOWN LOTS AND PAYMENTS OF 
  SUBSEQUENT INSTALLMENTS. October 3, 1814-August 30, 1831. 1 vol. Index. 

  REGISTER'S RECORD OF APPLICATIONS TO PURCHASE LAND. November 7, 1814-April 7, 
  1819. 1 vol. and 1 partial vol. No index. 

  REGISTER'S RECORD OF APPLICATIONS TO PURCHASE SHAWNEETOWN LOTS. December 10, 
  1814-March 27, 1819. 1 partial vol. No index. 

  REGISTER'S RECORD OF APPLICATIONS TO REMAIN ON TRACTS OF LAND AS TENANTS AT WILL.
   July 1-July 30, 1816. 1 vol. No index. 

  REGISTER'S RECEIPTS FOR PATENTS ON LAND OR SHAWNEETOWN LOTS. August 19, 
  1815-April 3, 1819. 1 vol. No index. 

  ABSTRACT OF LAND FULLY PAID FOR IN CASH. Ca. June 1821. 0.25 cu. ft. No index. 

  ABSTRACT OF TRACTS ELIGIBLE FOR FURTHER CREDIT. Ca. June 1821. 0.25 cu. ft. 
  No index. 

  DECLARATIONS REQUESTING FURTHER CREDIT. July 27, 1821-September 30, 1822.
  1 cu. ft. No index. 

  ABSTRACT OF FURTHER CREDIT. July 4, 1821-July 4, 1827. 0.5 cu. ft. No index. 

  CERTIFICATES OF FURTHER CREDIT. Ca. July 1821-September 1821. 2 cu. ft. 
  No index. 

  ABSTRACT OF RELINQUISHMENTS. May 12, 1821-July 30, 1827. 1.5 cu. ft. 
  No index. 

  CERTIFICATES OF RELINQUISHMENT. May 12, 1821-July 3, 1829. 1 cu. ft. No index. 

  NAMES OF RELINQUISHERS. Ca. 1821-1827. 2 cu. ft. No index. 

  MONTHLY RETURNS OF LAND PAID FOR BY MONIES CREDITED AND TRANSFERRED FROM 
  RELINQUISHED LAND OR BY CASH AT A DISCOUNT OF 37 1/2 PERCENT. July 16, 1824-
  July 4, 1829. 0.5 cu. ft. No index. 

  ABSTRACT OF CERTIFICATES OF FORFEITED LAND STOCK ISSUED. September 28, 1828-
  February 9, 1854. 1 vol. No index. 

  LIST OF FORFEITED AND RELINQUISHED LAND SUBJECT TO SALE. Ca. 1846. 1 partial vol. 
  No index. 

  DEPOSITIONS REGARDING PREEMPTION CLAIMS UNDER ACTS OF MARCH 31, 1830 AND 
  FEBRUARY 25, 1831. August 1830-September 1831. 0.1 cu. ft. No index. 

  PREEMPTION DECLARATION STATEMENTS. Ca. September 1841-October 1854. 0.5 cu. ft. 
  No index. 

  MONTHLY ABSTRACTS OF LAND LOCATED ON MILITARY LAND WARRANT CERTIFICATES.
   August 14, 1847-November 17, 1855. Fair copy: 2 vols. Rough copy: 1 vol. No index. 

  CERTIFICATES OF LOCATIONS OF MILITARY LAND WARRANTS. March 1, 1849-December 
  27, 1852. 0.1 cu. ft. No index. 

  DISPUTED SWAMP LAND SELECTIONS. October 1852. 0.1 cu. ft. No index. 

  ABSTRACT OF LAND SOLD UNDER GRADUATION ACT OF 1854. September 18-28, 1854. 
  1 vol. No index. 

  POWERS OF ATTORNEY. Ca. December 1818-September 1830. 0.5 cu. ft. No index. 

  ENUMERATION OF LAND CONTAINED IN SHAWNEETOWN DISTRICT. July 1, 1814. 1 vol. 
  No index. 

  CLASSIFICATION OF LAND. 1820. 2 vols. No index. 

  ABSTRACT OF LAND REMAINING UNSOLD AT SHAWNEETOWN ON NOVEMBER 17, 1855.
  1855-1858. 1 vol. No index. 

  ABSTRACT OF LAND SOLD. August 1, 1831-March 31, 1845; September 1854. 2 vols., 
  1 partial vol., and 0.25 cu. ft. No index. 

  SURVEY BEARING MARKS AND LAND DESCRIPTIONS. Ca. 1814. 1 vol. No index. 

  ABSTRACT FROM SURVEYOR'S FIELD NOTES OF LAND CONTAINED IN SHAWNEETOWN DISTRICT.
   1850. 1 vol. No index. 

  TRACT BOOKS OF LAND SOLD WITHIN SHAWNEETOWN DISTRICT. Ca. August 1820-January 
  1866. 4 vols. No index. 

  PAPERS RELATING TO LAND IN SHAWNEETOWN DISTRICT. Ca. 1812-1961. 2.75 cu. ft. 
  No index. 


  Papers cover a wide range of activities primarily conducted by the Shawneetown 
  Land District Office. Documents include final certificates of purchase, affidavits 
  and depositions regarding preemption and other land claims, military bounty land 
  warrants, land patents, applications for purchase of land, U.S. treasury receipts, 
  land indenture agreements, surveys and field notes, powers of attorney, communications 
  regarding the return of Shawneetown lots entered, correspondence with Surveyor 
  General and private individuals, and circulars sent by the General Land Office.
 
  When the Shawneetown Office closed in May 1856 its files were transferred to the 
  Springfield Land District Office. There the Springfield officials placed additional 
  material in the Shawneetown files which related to further sales of public land in 
  the Shawneetown District. 

  In the Shawneetown District files the Auditor's records include list of taxable 
  land sold by Trustees of the Illinois and Michigan Canal (1859-1862), abstracts 
  of land sold by Shawneetown Office and sent to Auditor for tax purposes, corrections 
  of errors in the abstract, land patents issued to the State of Illinois by the 
  federal government, and copies of land patents issued by the General Land Office 
  in Washington, D.C. 

Submitted by: Sheila Cadwalader




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