Boone County, Indiana - Chapter 4: The Public Domain and Its Survey, 1914

Chapter 4: The Public Domain and Its Survey

Some confusion appears to exist in the minds of land owners as to the source of title to lands within this state, and, to make this plainer, a short summary of the manner in which title to various lands as obtained by the general government and the state is given. The title to the lands within the present limits of Indiana was obtained by the United States by cession from the state of Virginia, March I, 1784. These lands were surveyed upon the extinction of the Indian title, or Indian right of occupancy, and were sold to settlers. These lands are commonly known as government lands. A map of state is herewith given showing where the treaties with Indians were held ceding lands to the United States and the boundaries of the different treaties.

For the convenience of settlers and those desiring to purchase the public lands of the United States, the state, as the lands were surveyed and opened for settlement, was divided into land districts and offices opened in each. The land districts were known as the Vincennes, Jeffersonville, Indianapolis, Crawfordsville, Winamac and Ft. Wayne. As the lands were disposed of, these districts were abolished and at this time any government land remaining unentered must be disposed of through the general land office at Washington. For various purposes the United States ceded large tracts of land to the state of Indiana and they are known by the following names, viz. : Canal lands, Michigan Road lands, Swamp lands, Saline lands, University lands. Seminary lands and School lands, and a summary is given of the manner of the accession of these lands. The state sold these lands under various acts of the general assembly, and patents were issued to the individual purchasers in the name of the state. All of these patents are recorded in the office of the auditor of state, except those for schools lands, which are recorded in the records of the board of commissioners of the counties in which the land is situated. Prior to this the patents for Wabash and Erie Canal lands were issued by the state. But upon the state surrendering its title to these lands to the board of trustees of the Wabash and Erie Canal in that year, they were issued thereafter by that body. All these records of that body were given in the custody of the Auditor of State in 1883, by an order of the United States Court for this state. Copies of all these patents can be obtained from the Auditor of State.

Canal Land

The land known as Canal land was granted by the United States to the state of Indiana to enable the state to construct what is known as the Wabash and Erie Canal, and is embraced in three separate grants. The first of these grants was approved March 2, 1827 (see Statutes-at-large, vol. 4, page 236), and granted a quantity of land equal to one-half of five sections in width on each side of said canal (and reserving each alternate section to the United States), for the purpose of uniting the waters of the Wabash river with those of Lake Erie. The second grant was approved February 2.J, 1 84 1 (see Statutes-at-large, vol 5, page 414), and confirmed to the state the selections made for that portion of the canal which lies between the mouth of the Tippecanoe river and Terre Haute. The third and last grant to the state of lands for this purpose was approved March 3, 1845. To enable the state to complete the canal from Terre Haute to the Ohio river, there was granted to the state a moiety of the unsold lands in a strip five miles in width on each side of said canal, as likewise a further grant of a moiety of all lands remaining unsold in the Vincennes land district with provisos. These three grants and the selections made under them embrace an area of 1,457,366.06 acres, as shown by the report of the commissioners of the general land office.

Michigan Road Lands

By Article 2 of the treaty held and concluded near the mouth of the Mississinewa, on the Wabash on October 16, 1826, between the United States and the chiefs and warriors of the Pottowattomie tribe of Indians, there was ceded to the United States a strip of land commencing at Lake

Michigan and running thence to the Wabash river one hundred feet wide for a road; and also one section of good land contiguous to said road for each mile of the same, and also for each mile of a road from the termination thereof through Indianapolis to the Ohio river, for the purpose of making a road as aforesaid from Lake Michigan by way of Indianapolis to some convenient point on the Ohio river.

This species of land lies principally in northern Indiana and embraces according to the selections that were confirmed, an area of 170,580.24 acres. The state's title was confirmed to the above lands by act of Congress approved March 2, 183 1 (see Statutes-at-large, vol. 4, page 473).

Swamp Lands

These lands were granted to the state by the act of Congress approved September 28, 1850, entitled "An act to enable the state of Arkansas and other states to reclaim the Swamp lands within their limits." The act required the proceeds of the sale of these lands to be used exclusively, as far as necessary, to the purpose of reclaiming these lands by means of levees and drains. Under the present law of this state and proceeds of the small amount of this land remaining unsold becomes a part of the permanent common school fund. Patents have been issued to the state by the United States for these lands covering upward of 1,257,588.41 acres.

Saline Lands

The Saline lands of the state lie in the counties of Orange, Washington, Monroe and Brown; but the greatest amount, in fact nearly all of it, lies in Orange county. This species of the lands was granted to the state by act of Congress approved April 19, 1816 (see U. S. Statutes, vol. 3, page 390), and comprise an area of 24,435 acres.

Seminary Lands

Prior to the organization of the state government, Congress granted a township of land (5.2 S. of Range II, W.), to the territory to enable the territory to endow a college; and by an act of Congress approved April 19, 18 1 6 (see Statutes-at-large, vol. 3, page 290). A second grant of a township of land was made to the state; township 8 N. Range 1, W. in Monroe county, was selected, which lands have been sold and the sums applied to the State University at Bloomington, excepting, however, about 4,000 acres, part of township 2 S. Range 11, W. in Gibson county, which was sold by authority of the Territorial Legislature and the proceeds applied for the benefit of the Vincennes University.

University Lands

By a decision of the United States Supreme Court the state of Indiana lost one of the two townships of land granted to her for the use of a State University, and became liable to refund to a private corporation the proceeds of a township heretofore appropriated to the support of the State University. By an act of Congress approved February 23, 1854, the governor of the state of Indiana was authorized to select out of the lands of the United States subject to entry, 19,040 acres and certify the same to the Secretary of the Interior, who was required to issue patents for the same to the state of Indiana. It was further provided that the proceeds of said lands should forever remain a fund for the use of the Indiana University (see U. S. Statutes, vol. 10, page 267). These lands were selected in the counties of Crawford, Fulton, Dubois, Greene, Warrick, Jasper, Newton, Knox, Perry, Pulaski, White, Spencer, Pike, Martin, Sullivan, Orange and Miami.

College Fund Lands

The proceeds of the sale of the Seminary and University lands are paid into the state treasury and loaned to individuals by the Auditor of State upon mortgage security. Upon the failure to pay the principal or interest upon these loans the lands mortgaged to secure them are forfeited to the state for the use of the College Fund, and are advertised for sale by the Auditor of State. Upon their forfeiture and sale they become known as College Fund Lands.

School Lands

The act of Congress of April 19, 1816, to enable the people of Indiana Territory to form a State Government, granted to the inhabitants of each Congressional township Section 16 in each township for the use of the schools thereof, and it was further provided that when such section had been' sold or disposed of, other land equivalent thereto and most contiguous to the same shall be granted. ( Statutes-at-large, vol 3, page 2.) In addition to these classes of lands in some sections lands were divided into locations surveys, donations to heads of families, military donations and Indian reservations. These occupy a very small part of the area of the state and it is not necessary to particularize them.