Charges of Graft and Corruption highlight this Petition to the President by Inhabitants of the Howard Land District, Louisiana- Missouri Territory, to replace Henry Carroll as Land Register 14 Sep 1819. ---------------------------------------------------------------------- ---------------------------------------------------------------------- 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 556-561 PETITION OF THE INHABITANTS OF HOWARD LAND DISTRICT [September 14, 1819] TO HIS EXCELLENCY THE PRESIDENT OF THE UNITED STATES. THE petition of the undersigned respectfully sheweth, that the inhabitants of the Howard Land District are now laboring under considerable disadvantages in consequence of the improper and untimely absence of the Register-and that they are unable to avail themselves of the beneficent acts and provisions of Congress in granting them the right of pre-emption-because the competent authority to adjudicate on their cases, is not at this time in the territory, but has been absent for a considerable time, and it is not known when he will return. Your petitioners never can believe it is the wish or intention of you excellency that the rights of the pre-emptioners of this district should remain in abeyance, until it shall please the Register, in his great condescension to return. The improvement of the country is at a stand, for it is not reasonable to presume that men will go on to make permanent improvements until their claims are passed on, and they have something like an indefeasible right to the soil. Your petitioners go on farther to state that they verily believe it is not the intention of the Register ever to return; and that he intends resigning his office in favour of his son, Henry Carroll. They beg leave to remonstrate against his nomination to the Senate, as many of them are personally acquainted with him, and know he is totally incompetent to discharge the duties of the office; and that he has not mind sufficient to comprehend the ordinary details, much less direct them. Your petitioners also state that young Carroll, in the absence of his father, is acting as Register, and that under his administration of the office, in various instances, two certificates for the same quarter section of land have been issued to different purchasers, thereby producing litigation and destroying the confidence of the public in the titles to the lands of the United States; for no man is willing to purchase a law suit; and we all have a right to expect, when we purchase lands of the government, our title ought to be indisputable. Your petitioners cannot conceive that the Register has a right to appoint a deputy; for they have always been of opinion that a Judge has not the power of delegating to another his judicial functions and authority; and the Register, most unquestionably, has to act in the capacity of Judge. If the Register is precluded by the laws of the land from making purchases unless according to the provisions of the law, a fortiori, the acting Register is also precluded. It is a notorious fact that the acting Register is making purchases daily, and not in conformity to the restrictions of the law; and that he is concerned with a gentleman by the name of Welsh in purchasing up pre- emptions. Now, if he should be, contrary to our wishes, appointed Register, he will be judge in his own case, which is contrary to every principle of law and justice. A certain Mr. Byrd Lockhart purchased of Mrs. Cole her right of pre-emption, and just before the officers were to act on the claim he sold a part of it to Henry Carroll, who actually presented himself at the board and urged the granting of the claim. And furthermore your petitioners state, that the acting Register has defrauded the government in the following manner: Henry Carroll and others confederated together for the purpose of purchasing several quarter sections of land in a part of the district where there was a good scite for a town; a respectable Dutch farmer lived on the land, and attended the sales for the purpose of purchasing, and bid eighteen dollars per acre; the acting register bid nineteen, and the land was struck off to him-the purchase was entered in the name of one Lewis W. Jordan, the twentieth part of the purchase money was paid, and the land forfeited; the acting Register then became concerned with others and located the above mentioned land by virtue of a New-Madrid certificate, several days before the end of three months from the time of the first purchase, New-Madrid claims at that time being worth from three to four dollars per acre. In conclusion, your petitioners hope your excellency will be pleased to order the Register to his post immediately; and if he should think proper not to comply, that then you will nominate some other fit person as Register, to the Senate. Certificate of Mr. Bernard O'Neill, Clerk in the Register's Office I do hereby certify that William Bryant and Reuben Smith purchased the southeast quarter of section No. 1, in township No. 46 of range No. 19; the aforesaid quarter was previously sold to some other person or persons; in consequence of which Bryant and Smith were compelled to transfer the money to the purchase of another quarter, or to wait until they could get relief by a special act of Congress. On the 8th of March James S. Conway purchased fractional section No. 24, of fractional township No. 57, range 24 north of the Missouri river, containing 212 acres and 88 hundredths at 9 dollars and 50 cents per acre, on which the twentieth part of the purchase money was paid; after the expiration of 40 days, and before the three months had expired, Henry Carroll, the acting register, laid a New-Madrid claim on 37 acres and 38 hundredths of the above mentioned land bought by James S. Conway aforesaid, New-Madrid claims being worth from 3 to 4 dollars per acre; it clearly appears that the government was defrauded out of better than 200 dollars. Morrison and Sullivan entered two quarter sections of land on the 2d of December, and certificates were granted to them on the 11th of December-one of the above quarters was entered by J. Winn, and a certificate was also granted to him on the 10th of December-the other quarter was entered by J. Hicks, and a certificate granted to him. The acting Register and others bid up fractional section No. 23 to 19 dollars, and bid up fractional section No. 14 to 12 dollars and 50 cents, Lewis W. Jordan appearing as the purchaser on the records; the twentieth part was paid in and the land forfeited.-Henry Carroll and others, by virtue of a New-Madrid certificate located the above mentioned land, and have since laid off a town on said fractions called Missouriton, as by reference to the Missouri Intelligencer will more clearly appear. And I further certify that I drew an instrument of writing between one Barnes and Henry Carroll and John Welch-the said Barnes for and in consideration of the sum of ten dollars per acre sold to the said Carroll and Welch whatever land the register and receiver might adjudge to him by virtue of his pre-emption. Barnes's claim has not yet been acted on September 14, 1819. BERNARD O'NEILL. Certificate of Major Richard Gentry. I do hereby certify that I heard Henry Carroll, the acting register, say he sold a quarter section of land belonging to the United States, to some man, his name at this time not recollected; he then went and entered the land, by which he informed me he made twenty dollars clear. September 14, 1819 R. GENTRY. [Endorsed] Received 23 December 1819 Bernard O'neil & others complain of the Register at Franklin Signatures (320) 137 James D. [blank] 11 G. M. Alsop 200 George Amick 118 Aaron Anders 77 William Andrews 149 Mark Arnold 194 Joseph Austin 135 Gabriel Bailey 160 Reubin Bailey 109 William C. Bailie 291 Aquilla Barnes 105 Haslebad Barnes 84 James Barnes 42 G. W. Bartlett 307 William Bartlett 261 Jonathan Barton 288 John Belcher 290 John M. Belcher 57 George Bellas 141 John Berry 179 John Bicets 186 John R. Bicets 182 William Bicets 310 William Black 311 William L. Black 106 John Blay 60 D. P. Boggs 167 Josiah Bones 107 H. L. Boon 287 Hyseam Bosorth 217 Obediah Bounds 248 James Bounds, Jr 245 James Bounds, Sr 314 David Bowers 216 William Bowers 316 Peter R. Bowley 244 John Bowman 279 John Bowman 278 Muke Box 81 E. R. Bradley 112 Thomas Bradley 268 Davis Brinningen 231 James Brown 67 Samuel A. Brown 27 William Brown 86 William Brown 227 Henry T. Browne 65 David Bryant 298 Hiram Bryant 30 N. S. Burckhart 320 William Burk 117 Joel Burnam 223 Samuel Burnet 246 John Burns 1 Gray Bynum 293 Dennis Callahan 257 William Callahan 68 Charles Callaway 181 William Calvert 159 Jonas Casner 220 Solomon Cattron 193 Richard Chaney 62 James Chitwood 305 Robert P. Clark 230 Bennett Clarke 253 Bennett H. Clarke 233 John B. Clarke 224 Phineas Clarke 304 Garland Collins 274 William J. Collins 225 James Cooly 258 Henry T. Corkle 52 Herod Corum 127 Hirem Corum 289 William Corum 28 John Costa 92 Lemon Coy 164 James Cresap 292 Daniel Crump 153 George Crump 34 Waddy T. Currin 283 Williamson H. Curtis 242 William Dadson 192 Robert Dale 169 Segre B. Dale 173 Thomas Dale 197 Edward Davis 319 James Davis 203 Joseph Davis 125 Jesse Denn 150 James Dickson 98 David Doyle 166 Daniel Durbin 121 Manon Duren 46 Thomas Edwards 132 Peter Elder 113 Thomas G. Eldridge 213 John Elson 318 John W. Erwin 17 Augustus Evans 207 Loverance Evans 235 Samuel Evans 204 Watts D. Ewin 315 John D. Ewing 83 Tramel Ewing 229 Andrew Feland 215 William Ferguson 130 John Fitzgerald 95 David Floyd 247 Samuel Foster 250 Thomas Foster 91 Hillard Fowler 265 John M. Fowler 196 Robert Y. Fowler 218 Enoch Fox 249 William Fox 20 Charles French 228 Hiram Fugitt 25 Laban Garrett 7 R. Gentry 262 James Goforth 119 A. Goodding 146 John Gray 209 John Grayham 14 Jacob Gregg 36 Abraham Groom 151 William Grubbs 56 John Hall 237 Benjamin Hardin 111 Samuel Harrison 275 Peyton R. Hayden 143 William Haydon 73 Jedson Hazel 29 William J. Henderson 54 James Henry 183 Joel Herm 155 Clayton Hern 195 Robert Hinkson 79 Ben Holliday, Jr 129 Peter Holoweaugh 71 John Homan 165 Ezekial Howard 44 William Howard 210 Pink Hudson 59 Little B. Hunt 69 Archrey B. Hurt 10 N. Hutchinson 24 John H. Hutchison 31 Elijah Iles 294 William Irving 70 Edward Irwin 64 Charles D. Jeanneres 124 Robert Johnson 240 William Johnson 188 William Johnston 297 Christopher Jones 199 Joel Jones 140 Levi H. Jones 100 Robert Jones 138 Thomas G. Jones 157 William Jones 263 Nicholas Kavanaugh 187 Benjamin Kelly 94 J. C. Kerr 180 James Ketchum 239 Jeil King 206 Peter Kuykendall 38 James Laughlin 45 Burton Lawless 16 Thomas Litchworth 32 John Love 3 John J. Lowry 33 James C. Ludlow 101 William Lycett 37 Caleb Magill 35 David Magill 96 L. F. Mare 280 Ephraim Marsh 85 John Martin 72 John A. Maths 133 John McClelland 78 Samuel McCorell 270 John McCuaigue 259 David McGee 144 Andrew McGirk 43 D. McKenzie 8 J. H. McKenzie 13 John J. Means 168 James Miller 9 James D. Miller 19 John C. Mitchell 269 William Mobley 47 Robert Moderwell 175 Christopher Monical, Jr 156 James G. Montgomery 120 John Moor 313 John Moreland 306 Asa Morgan 282 Stanley G. Morgan 55 David Morrison 99 Daniel Munro 222 Stephen Nitchell 136 John O'Hara 22 Bernard O'Neill 234 Ignatius P. Owen 285 Philip Owens 63 Anthony Owsley 273 James Palmatary, Jr 303 James Palmatary, Sr 50 Lemon Parker 15 Nathaniel Patten, Jr 148 John G. Philips 142 Andrew M. Poage 172 John Poage 171 Robert Poage 238 Andrew Polk 277 George Potter 309 William Potter 58 D. R. Prichard 162 William Ramsey 299 William Ramsey 76 Robert W. Rankin 286 John W. Rawlins 23 Floyd Rawls 104 Absolem Ream 39 David Reavis 4 William V. Rector 211 Francis Reding 131 Hirem Reed 53 Amos Rees 12 Lewis Rees 241 Russell Reynolds 264 George Rhodes 295 Henry Rhodes 21 J. Rice 114 Michael Rice 184 James Richards 201 Amos Richardson 174 Jesse Richardson 191 Silas Richardson 108 James Riggins 214 A. Riley 317 John Roberts 61 Harrison G. Rogers 126 G. P. Ross 243 John Sallady 102 Presley Samuel 48 Richard Samuel 296 Foster Sappington 26 William L. Scott 18 J. W. Scudder 255 John Shaw 103 Gilbert Shore 41 William O. Short 128 John Simmer 6 William F. Simmons 89 Jr. Simon 205 Jordan Sisemore 49 James G. Smith 139 Meshath Smith 260 Richard Smith 266 William Smith 152 Isaac C. Snedecor 312 James Son 281 Michael Son 93 Jonathan R. Standley 251 John Steel 185 John Stephenson 163 John Stewart 208 John Stone 2 Augustus Storrs 97 William D. Swearingen 134 Stephen Tait 236 George Talley 189 James Taylor 161 James L. Taylor 190 Joseph Taylor 154 Levi Taylor 300 Shadrach Taylor 75 William Taylor 80 William Taylor 254 Nevo, M. Thompson 66 P. W. Thompson 176 Elmore Thomson 88 William Thorpe 158 Andrew Tiffen 5 Thomas Tilman 302 Elisha Todd 271 Levi Todd 74 Daniel Tolson 82 Charles P. Tooley 252 Fields Trammell 276 Christopher Trigg 232 Stephen Trigg, Jr 284 Philip Turner 115 Charles Vanostrownd 267 Daniel Vinson 301 John B. Wallace 145 John Ward 147 William Ward 212 James D. Whitesitt 219 John Whitesitt 123 Cooley Whitney 202 Joseph Whitney 198 Wad. H. Whitney 226 F. K. Whitt 221 Lazarus Wilcox 178 Fieldin Wilhite 272 Colden Williams 122 David Williams 110 Marcus Williams 170 David Wilson 87 John Wilson 308 William D. Wilson 51 John Witt 90 H. Wolfort 177 John Wood 116 Thomas Woodness 40 William Woods 256 Alanson Worker I certify the above to be a true copy from the original in possession of John Scott, delegate from Missouri-Test Bernard O'Neill. [Endorsed] Inhabitants of Howard county Missouri Memorial rd. December 23, 1819. J M.