Minnesota Public Domain Land

Minnesota Public Domain Land

Minnesota public domain land was surveyed by the federal government, and released by the United States for sale to settlers between 1848 and 1858.

Minnesota Territory in 1783

At the conclusion of the American Revolutionary War, the Mississippi River marked the boundary line between the lands claimed in North America by Great Britain, and Spain.

Therefore, the territory which would later comprise the state of Minnesota – lying on both sides of the Mississippi River – was then:

partly claimed by the English, and
partly claimed by the Spanish.

British Land Concessions

On September 3, 1783, the former American colonies entered into a peace treaty with the British government – the Peace of Paris of 1783.

Pursuant to the terms of the Peace of Paris of 1783, the English Crown relinquished its claims over that part of America located:

east of the Mississippi River,
north of the Florida territory claimed by Spain, and
south of Canada – which was retained by the British.

However, some of the former American colonies had preexisting claims over the relinquished lands – as did certain Native American tribes.

Minnesota’s Northern Boundary

The Peace of Paris of 1783 treaty stated that the northwestern boundary of the United States extended from the

“most northwesternmost point”

of Lake of the Woods, directly westward until it reached the Mississippi River.

However, unknown to the treaty negotiators, the Mississippi River did not then – and does not now – extend northerly to Lake of the Woods, and the boundary line running westerly from Lake of the Woods has never intersected with the Mississippi River.

Preexisting Colonial Claims

In 1776, the Commonwealth of Virginia had designated land lying northwest of the Ohio River as a Virginia county – but ceded such land to the United States of America in 1784.

By 1802, all of the public lands lying west of the original 13 colonies – from the Appalachian Mountains to the Mississippi River – became “public domain” lands owned by the federal government.

Minnesota Public Domain Land

That part of Minnesota lying easterly of the Mississippi River – originally claimed by the State of Virginia – was ceded to the United States on March 1, 1784, as a part of the Northwest Territory.

The eastern section of Minnesota was successively a part of the Indiana, Illinois, Michigan and Wisconsin territories.

That part of Minnesota lying westerly of the Mississippi River was in 1784 claimed by the French, by whom, as a part of the Louisiana Territory, it was transferred in 1803 to the United States in the Louisiana Purchase – during the administration of President Thomas Jefferson.

Minnesota in the Upper Louisiana Territory

On March 20, 1804, the United States territory of upper Louisiana was organized, comprising:

what is now the states of Arkansas, Missouri, and Iowa, and
that part of Minnesota lying westerly of the Mississippi River.

The western section of Minnesota was successively a part of the Louisiana, Missouri, Michigan, Wisconsin and Iowa territories.

1787 Ordinance – the Northwest Territory

The Land Ordinance of 1787 addressed in part the organization and government of what had come to be known as the Northwest Territory.

The Land Ordinance of 1787 also required that the Minnesota public domain land be surveyed prior to being offered for sale to settlers.

St. Clair County

In 1801, St. Clair County – in the Illinois section of the Northwest Territory – was extended:

northward to Lake Superior, and
westward to the Mississippi River,

by William Henry Harrison – then governor of the Indiana territory – and later President of the United States, encompassing that part of the Minnesota public domain land lying easterly of the Mississippi River.

Lieutenant Zebulon Pike – 1805

In 1805, Lieutenant Zebulon Pike – on behalf of the United States government – negotiated a treaty with the Sioux Indian tribe for a military reservation which extended:

north from the mouth of the Minnesota River along the Mississippi River,
including what would later be known as St. Anthony Falls in Minneapolis,
nine miles on each side of the river.

Major S. H. Long; 1817-1823

Between 1817 and 1823, Major S. H. Long – of the United States Engineers Corps – made an extensive expedition in order to determine the geographic conditions in the Minnesota territory.

Col. Leavenworth – 1819

A United States military expedition in 1819 led by Col. Leavenworth resulted in the first visible occupation by a colonial or European power at the junction of the Minnesota and Mississippi rivers.

First Steamboat – 1823

About 1823, the first steamboat arrived at St. Anthony Falls, where – taking advantage of the available water power – lumber mills and flour mills were erected in order to provide supplies for the nearby military posts.

Col. Snelling – 1824

In 1824, Col. Snelling, of the United States Army, fortified the military camp at the junction of the Minnesota and Mississippi rivers – which came to be known as Fort Snelling.

Minnesota Claims

No legal settlement could be made in Minnesota until the Minnesota public domain land was surveyed and offered for sale by the federal government.

That part of Minnesota lying easterly of the Mississippi River not previously acquired pursuant to the 1805 treaty – was obtained pursuant to a treaty with the Indian tribes in 1838, although the lands were not surveyed and offered for sale until 1848.

That part of Minnesota lying westerly of the Mississippi River was not surveyed and offered for sale until 1858.

Squatters

Prior to being able to make lawful settlements on Minnesota public domain land, many squatter claims were made on both sides of the river.

Some settlers could not afford the price of available Minnesota public domain land, and simply occupied it without the benefit of title – having the legal status of squatters.

Other persons settled on Minnesota public domain land prematurely before such lands had been surveyed by the government, and offered for sale through official land offices, which would have opened them up to lawful settlement.

Squatters often built houses and made other improvements to the land on which they settled, which would have been forfeited when the land was offered for sale under federal auction systems established by various land acts – at which anyone was legally entitled to bid up the price of cleared and improved land as soon as the federal sales office had opened in that region.

Early Squatter Claims in Minnesota

The first of the squatter claims to Minnesota public domain land was made in 1836 by Major Plympton, the Commandant at Fort Snelling, who laid out a claim adjacent to the St. Anthony Falls on the easterly side of the river, and built a log house upon it.

The following year a junior officer at Fort Snelling, Sergeant Carpenter, made a claim adjacent to Major Plympton’s claim.

In 1842, Petit John made a claim south of the Minnesota public domain land which had been claimed by Major Plympton, extending along the river indefinitely, but including the site where the University of Minnesota would later be located.

These claims passed through several owners by transfer, until the titles were confirmed – after the Minnesota public domain land was officially offered for sale.

Claim Committees

In order to protect their interests from forfeiture, squatters in some regions organized defensive claim committees, threatening violence against prospective purchasers of Minnesota public domain land occupied by the squatters – which would often result in purchasers giving up their rights to the land.

The Preemption System

In order to discourage the use of self-help claim committees, and to provide the squatters with legal protection, a preemption system was gradually developed which guaranteed to the squatters:

a prior right to purchase the occupied Minnesota public domain land,
at the official government price – without competition of any sort,
in order that the squatter might not forfeit the value of improvements made to the land.

The Preemption Act of 1841

The Preemption Act of 1841 permitted squatters who were living on land to purchase up to 160 acres of land at a price of not less than $1.25 per acre, before the land could be offered for sale to the general public.

While the Preemption Act of 1841 declared that a person was allowed to acquire Minnesota public domain land and claim it as private property, the purchaser was required to actively reside on the land, and continuously work to improve it for five years.

If the land remained idle for six months, the government could reacquire ownership and possession of the property.

1840 – 1846; Origins of St. Paul, Minnesota

In 1840, Roman Catholic missionaries constructed a small chapel in memory of the apostle Paul – and by 1846, a sufficient number of settlers had located nearby in order to be considered a settlement – the future capital of the State of Minnesota.

Minnesota’s Early Settlers

In 1849, Col. John H. Stevens arrived at Fort Snelling with ten other settlers.

While serving as postmaster at Fort Snelling, he obtained a permit to settle on the military lands, and made his claim for 160 acres.

Others settlers followed, but were frequently driven off, and their houses pulled down, by soldiers sent from Fort Snelling having orders to prevent unauthorized settlements from being made on the military lands.

Nevertheless, while many settlers were driven away, others were permitted to remain – notably a number of Fort Snelling officers.

While such claims were not lawful, they were effectively allowed by the military authorities when they did not interfere to remove them.

By 1850 the most desirable tracts of land near the Mississippi River had been claimed by the early settlers, whose claims were effectively allowed in 1855 after the lands had been surveyed.

The Territory of Minnesota – Authorized 1849

Upon the admission of Wisconsin as a State into the Union in 1848, the 4,680 citizens in the remaining Territory of Wisconsin then inhabiting Minnesota public domain land elected their first congressional delegate – which resulted in the organization of the Territory of Minnesota, and the appointment or election of its first governor, judicial officers, and legislature.

In March of 1849, the Minnesota territory was established by the United States Congress, when the non-Indian population of the State was roughly 4,000.

Ramsey County – Organized October 27, 1849

Ramsey County, Minnesota was organized by legislation approved October 27, 1849, when the County encompassed that part of the present City of Minneapolis lying easterly of the Mississippi river.

Traverse de Sioux Treaty – 1851

In 1851, four separate bands of Dakota Sioux Indians entered into a treaty with the United States government, releasing to it the title to all lands in the territory lying westerly of the Mississippi River – the western boundary of which was the Missouri River.

Hennepin County – Organized March 6, 1852

Hennepin County, including the present site of the western part of Minneapolis, was organized on March 6, 1852.

At the Minnesota legislative session in 1856,

Hennepin County was extended east across the Mississippi river,
thereafter including that part of the present site of the City of Minneapolis which lies on the north and east sides of the river.

State of Minnesota Land Grant – 1857

In the early part of 1857, Congress passed

the land grant act for Minnesota, and
the act enabling the Minnesota Territory to form a State government – identifying the boundaries of Minnesota as they now exist.

A constitutional convention was called to meet in July of that year, and it became evident that Minnesota would soon be admitted to the United States of America.

Thereafter, immigrants came in large numbers, and with the opening of navigation in the spring of 1857, many steamboats came up the river – crowded with immigrants and land speculators.

Minnesota Statehood – 1858

After the creation of the Constitution pursuant to the 1857 legislation, the bill before Congress for the admission of Minnesota as a State was signed on May 11, 1858 – when the population of the State was roughly 150,000 persons.

Gary C. Dahle – Attorney at Law – Real Estate

2704 Mounds View Blvd., Mounds View, MN 55112

Phone: 763-780-8390 Fax: 763-780-1735

gary@dahlelaw.com

——— Gary C. Dahle Attorney at Law ———

Minnesota Public Domain Land

Minnesota Territory in 1783

British Land Concessions

Minnesota’s Northern Boundary

Preexisting Colonial Claims

Minnesota Public Domain Land

Minnesota in the Upper Louisiana Territory

1787 Ordinance – the Northwest Territory

St. Clair County

Lieutenant Zebulon Pike – 1805

Major S. H. Long; 1817-1823

Col. Leavenworth – 1819

First Steamboat – 1823

Col. Snelling – 1824

Minnesota Claims

Squatters

Early Squatter Claims in Minnesota

Claim Committees

The Preemption System

The Preemption Act of 1841

1840 – 1846; Origins of St. Paul, Minnesota

Minnesota’s Early Settlers

The Territory of Minnesota – Authorized 1849

Ramsey County – Organized October 27, 1849

Traverse de Sioux Treaty – 1851

Hennepin County – Organized March 6, 1852

State of Minnesota Land Grant – 1857

Minnesota Statehood – 1858