Petition by Residents of Boone's Lick Settlement of Missouri Territory asking that rights of Pre-Emption be changed. 14 Mar 1820 ---------------------------------------------------------------------- ---------------------------------------------------------------------- USGENWEB NOTICE: In keeping with our policy of providing free Information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Files may be printed or copied for Personal use only. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. ---------------------------------------------------------------------- ---------------------------------------------------------------------- Submitted by: Jerry Morrison Email: LWM@genesisnetwork.net ---------------------------------------------------------------------- ---------------------------------------------------------------------- From the books "Territorial Papers - Louisiana-Missouri Territory" 1815-1821, Volume XV pages 594-597 PETITION TO CONGRESS BY CITIZENS OF THE TERRITORY OF MISSOURI To the Congress of the United States. The memorial and petition of the undersigned citizens of Howard and Cooper Counties, embracing the country usually denominated Boon's Lick settlement, in the Territory of Missouri, would respectfully represent,-That during the late war this section of country formed the western and extreme settlement of the territories of the United States; and those who resided here at that time experienced great hardships and privations, and with great difficulty struggled through the contest with the savages, by which the towns and settlements on the Missouri and Mississippi rivers below were, in all probability, preserved. To effectuate this, the inhabitants were confined within forts, not only during the war, but long after it had ceased on other frontiers, by reason of their proximity to the savages and their unprotected and exposed situation. Thus in the year 1815 were the inhabitants confined to their forts in a great degree, and debarred the advantages enjoyed by their fellow-citizens elsewhere, of cultivating the soil, for their necessary subsistence. Your petitioners will admit that justice and liberality of Congress has , in some degree, been manifested to those persons above described, but from the circumstances attendant on the settlement here, (which are supposed to be somewhat unknown to your honorable body) the bounty of Congress has not been extended to all who merit it-and justice has unintentionally been denied to many. To obviate this, your petitioners would represent, and pray your interposition in favor of the following class of citizens, and it is deemed its justice will be apparent to your honorable body, upon considering the circumstances detailed, and entertaining into the spirit of that Congress who interposed upon the subject. It is prayed that all persons who bore arms in defence of the territory, and who continued their residence here, with the exception of those who have rights granted them as pre-emptioners, should have secured to them a right of pre-emption to one quarter section of land, provided those services were rendered during, and prior to the year 1815. In all countries the enterprize of youth should be encouraged: in times of war they are foremost in the ranks-they proved so here. Many persons with and without families, immediately preceding the war, had arrived in the country, and until 1815, and late in that year, had not the power to settle and cultivate a farm. Those persons have defended the country, and rendered every service, and have no remuneration under existing laws. Your petitioners beg leave further to represent, that the acts of Congress of April 12th, 1814, and the one amendatory thereof, of 29th, April, 1816, which grant to the settlers of this territory rights of pre-emption to the land settled by them, from a variety of causes are susceptible of different interpretations; and it is feared under it contradictory and various decisions may be made in the same territory, by the officers authorised to adjudicate upon those rights. This would have to be lamented on general principles of policy, but more so by those who might be the subjects of such decisions as might depart from the true spirit and intent of those laws. We therefore request that a law may pass declaratory and explanatory of those laws, embracing the following views, which we deem was the true meaning and spirit of the laws referred to: First-That the right of pre-emption thereby granted shall extend to the inhabitant and cultivator of land on or before the date of the passage of the said act of 12th of April 1814-and shall not be restricted to the 6th of February 1813, the date of the act granting such rights to the inhabitants of Illinois. Second-That it was not intended by said law to confine the cultivation required by the inhabitant to the raising and securing a crop of corn; but that said term shall be meant to embrace "the forwarding or improving the products of the earth by manual industry;" and that said term shall not be restricted to any special product, but be extended to all or any of domestic use: Third-That said act was intended to grant to every person entitled, the whole of their improved land where practicable to grant it, without depriving other settlers of their rights, whether said improvement was on one or more quarters of land, or whether said improvement extended into different sections. Fourth-That every tract of land containing a less quantity than one hundred and sixty acres, shall be considered a fractional quarter, whether caused by navigable streams or the inaccuracy of surveyors, or by the surveyed lines of individual claims. Fifth-That it was not the meaning of said act that where an individual was settled on lad, and a prior claim should include his improved land, that such person should be debarred from having the remaining fraction, and a quantity sufficient when vacant to make up one hundred & sixty acres which should adjoin the improvement; but on the contrary, such person is entitled thereto. Sixth-We deem it reasonable and just, and therefore pray the extension of the said laws so as to grant to a person entitled, who is restricted to a fraction less than one hundred and sixty acres, and which has no vacant land adjoining the right of locating a vacant fraction or quarter of land elsewhere, and not adjoining, so as to interfere with prior claims. Seventh-We pray that said laws may be extended to embrace the case of a person who has complied with the condition of said laws, but whose improvements are entirely covered by prior individual claims, so as to grant to said person the right of locating a quarter section of land elsewhere, not to interfere with other claims, or that said person be entitled to enter his land with the officers of the land office, where he is willing to contest the validity of such interfering claim We verily believe that should Congress in their wisdom deem it necessary to pass a law upon the principles above stated, that the former laws will not be impugned-but that many persons will be quieted in their rights-that great expenses in litigation, and much time will be thereby saved to many of your petitioners-and that great relief will be thereby afforded in the adjudication of the settlement rights, many of which are yet open for decision. Believing the same spirit of liberality will govern you upon this subject as prevailed with that Congress who passed said laws-and that having the peace and quiet of this country in view, the said laws may be explained as above prayed for, and not incompatible with their original spirit and meaning. We as dutiful citizens will submit to your decision. Transcribers Note: The number preceeding the name on the following list, designates it's sequence on the original list. Petitioners (28) Signatures 15 Middleton Aanderson 7 James Alexander 21 John Alexander, Capt 16 Robertson Anderson 18 Otho Ashcroft 25 D. P. Boggs 26 Joseph Boggs 9 James Briges 8 Benajmin Cooper, Jr 4 Augustus Davis 5 Martin Davis 1 John Dobson 11 Jesse Gray 6 John Handcock 3 Westley Hines 14 Stephen Jackson 2 Eligah Jacson 10 John G. Peyton 23 William Taylor 19 Enoch Turner 20 James Turner 28 Thomas Vaughn 27 Benajmin Weedin 22 Caleb Weedin 24 Henry Weedin 12 William Wolfskill 17 Charles Wren 13 Samuel Young [Endorsed] 16 Cong 1 Sess L Memorial of John Dobson and others of Missouri- praying certain privileges in consideration of their services, in defending the frontier of that Territory against the aggressions of the Indians. 1820 March 14 read and referred to Commissioner of Public Lands. Memorial from Missouri.