Land Ordinance of 1785
the Beginning of the Public Land Survey System
and the Plat of the Seven Ranges of Townships
The standard surveying method in
colonial America was called Metes and Bounds.
This was a primitive surveying system and needed to be replaced. After our
revolutionary war, the Continental Congress established a better surveying
system to be implemented in its frontier wilderness lands, the so called
Northwest Territory.
In time, the new Public Land Survey
System was used in these states, Alabama, Alaska, Arizona, Arkansas, California,
Colorado, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan,
Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico,
North Dakota, Oklahoma, Ohio, Oregon, South Dakota, Utah, Washington,
Wisconsin, and Wyoming. The first application of this new system was in what is now eastern Ohio and is
known as Seven Ranges.
An Ordinance for ascertaining the mode of disposing of
Lands in the Western Territory.
Be it ordained by the United States in Congress
assembled, that the territory ceded by
individual States to the United States, which has been purchased of the Indian inhabitants,
shall be disposed of in the following manner:
A surveyor from each state shall be
appointed by Congress, or a committee of the States,
who shall take an Oath for the faithful discharge of his duty, before the Geographer of the
United States, who is hereby empowered and directed to administer the same; and the like
oath shall be administered to each chain carrier, by the surveyor under whom he acts.
The Geographer, under whose direction
the surveyors shall act, shall occasionally form
such regulations for their conduct, as he shall deem necessary; and shall have authority to
suspend them for misconduct in Office, and shall make report of the same to Congress, or to
the Committee of the States; and he shall make report in case of sickness, death, or
resignation of any surveyor.
The Surveyors, as they are respectively
qualified, shall proceed to divide the said
territory into townships of six miles square, by lines running due north and south, and
others crossing these at right angles, as near as may be, unless where the boundaries of the
late Indian purchases may render the same impracticable, and then they shall depart from
this rule no farther than such particular circumstances may require; and each surveyor shall
be allowed and paid at the rate of two dollars for every mile, in length, he shall run,
including the wages of chain carriers, markers, and every other expense attending the same.
The first line, running north and south
as aforesaid, shall begin on the river Ohio, at
a point that shall be found to be due north from the western termination of a line, which
has been run as the southern boundary of the state of Pennsylvania; and the first line,
running east and west, shall begin at the same point, and shall extend throughout the whole
territory. Provided, that nothing herein shall be construed, as fixing the western boundary
of the state of Pennsylvania. The geographer shall designate the townships, or fractional
parts of townships, by numbers progressively from south to north; always beginning each
range with number one; and the ranges shall be distinguished by their progressive numbers to
the westward. The first range, extending from the Ohio to the lake Erie, being marked number
one. The Geographer shall personally attend to the running of the first east and west line;
and shall take the latitude of the extremes of the first north and south line, and of the
mouths of the principal rivers.
The lines shall be measured with a chain;
shall be plainly marked by chaps on the trees,
and exactly described on a plat; whereon shall be noted by the surveyor, at their proper
distances, all mines, salt springs, salt licks and mill seats, that shall come to his
knowledge, and all water courses, mountains and other remarkable and permanent things, over
and near which such lines shall pass, and also the quality of the lands.
The plats of the townships respectively,
shall be marked by subdivisions into lots of
one mile square, or 640 acres, in the same direction as the external lines, and numbered
from 1 to 36; always beginning the succeeding range of the lots with the number next to that
with which the preceding one concluded. And where, from the causes before mentioned, only a
fractional part of a township shall be surveyed, the lots, protracted thereon, shall bear
the same numbers as if the township had been entire. And the surveyors, in running the
external lines of the townships, shall, at the interval of every mile, mark corners for the
lots which are adjacent, always designating the same in a different manner from those of the
townships.
The geographer and surveyors shall pay
the utmost attention to the variation of the
magnetic needle; and shall run and note all lines by the true meridian, certifying, with
every plat, what was the variation at the times of running the lines thereon noted.
As soon as seven ranges of townships,
and fractional parts of townships, in the
direction from south to north, shall have been surveyed, the geographer shall transmit plats
thereof to the board of treasury, who shall record the same, with the report, in well bound
books to be kept for that purpose. And the geographer shall make similar returns, from time
to time, of every seven ranges as they may be surveyed. The Secretary at War shall have
recourse thereto, and shall take by lot therefrom, a number of townships, and fractional
parts of townships, as well from those to be sold entire as from those to be sold in lots,
as will be equal to one seventh part of the whole of such seven ranges, as nearly as may be,
for the use of the late continental army; and he shall make a similar draught, from time to
time, until a sufficient quantity is drawn to satisfy the same, to be applied in manner
hereinafter directed. The board of treasury shall, from time to time, cause the remaining
numbers, as well those to be sold entire, as those to be sold in lots, to be drawn for, in
the name of the thirteen states respectively, according to the quotas in the last preceding
requisition on all the states; provided, that in case more land than its proportion is
allotted for sale, in any state, at any distribution, a deduction be made therefor at the
next.
The board of treasury shall transmit a
copy of the original plats, previously noting
thereon, the townships, and fractional parts of townships, which shall have fallen to the
several states, by the distribution aforesaid, to the Commissioners of the loan office of
the several states, who, after giving notice of not less than two nor more than six months,
by causing advertisements to be posted up at the court houses, or other noted places in
every county, and to be inserted in one newspaper, published in the states of their
residence respectively, shall proceed to sell the townships, or fractional parts of
townships, at public vendue, in the following manner, viz: The township, or fractional part
of a township, N 1, in the first range, shall be sold entire; and N 2, in the same range, by
lots; and thus in alternate order through the whole of the first range. The township, or
fractional part of a township, N 1, in the second range, shall be sold by lots; and N 2, in
the same range, entire; and so in alternate order through the whole of the second range; and
the third range shall be sold in the same manner as the first, and the fourth in the same
manner as the second, and thus alternately throughout all the ranges; provided,
that none of the lands, within the said territory, be sold under the price of one dollar the
acre, to be paid in specie, or loan office certificates, reduced to specie value, by the
scale of depreciation, or certificates of liquidated debts of the United States, including
interest, besides the expense of the survey and other charges thereon, which are hereby
rated at thirty six dollars the township, in specie, or certificates as aforesaid, and so in
the same proportion for a fractional part of a township, or of a lot, to be paid at the time
of sales; on failure of which payment, the said lands shall again be offered for sale.
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There shall be reserved for the United
States out of every township, the four lots,
being numbered 8, 11, 26, 29, and out of every fractional part of a township, so many lots
of the same numbers as shall be found thereon, for future sale. There shall be reserved the
lot N 16, of every township, for the maintenance of public schools, within the said
township; also one third part of all gold, silver, lead and copper mines, to be sold, or
otherwise disposed of as Congress shall hereafter direct.
When any township, or fractional part
of a township, shall have been sold as aforesaid,
and the money or certificates received therefor, the loan officer shall deliver a deed in
the following terms:
The United States of America, to all to
whom these presents shall come, greeting:
Know ye, That for the consideration
of dollars, we have granted, and
hereby do grant and confirm unto
the township, (or fractional part of a
township, as the case may be) numbered in the
range
excepting therefrom, and reserving one third part of all gold, silver, lead and copper mines
within the same; and the lots Ns 8, 11, 26, and 29, for future sale or disposition, and the
lot N 16, for the maintenance of public schools. To have to the
said his
heirs and assigns for ever; (or if more than one purchaser, to the said
their heirs and assigns forever as tenants in Common.) In witness whereof, (A. B.)
Commissioner of the loan office, in the State of
hath, in conformity to
the Ordinance passed by the United States in Congress assembled, the twentieth day of May,
in the year of our Lord one thousand seven hundred and eighty five, hereunto set his hand,
and affixed his seal, this day
of
in the year of our
Lord and of the independence of the United States of
America
And when any township, or fractional part of a
township,
shall be sold by lots as
aforesaid, the Commissioner of the loan office shall deliver a deed therefor in the
following form:
The United States of America, to all to whom these presents shall come, Greeting:
Know ye, That for the consideration
of dollars, we have
granted, and hereby do grant and confirm unto the
lot (or lots, as the
case may be, in the township or fractional part of the township, as the case may be)
numbered in the range
excepting and reserving one third
part of all gold, silver, lead and copper mines within the same, for future sale or
disposition. To have to the said his heirs and
assigns for ever;
(or if
more than one purchaser, to the said their heirs
and assigns for
ever as
tenants in common.) In witness whereof, (A. B.)Commissioner of the continental loan office
in the state of hath, in conformity to the
Ordinance passed by the
United
States in Congress assembled, the twentieth day of May, in the year of our Lord 1785,
hereunto set his hand, and affixed his seal, this
day of
in the year of our Lord and of the independence of
the United States of
America
Which deeds shall be recorded in proper books, by
the commissioner of the loan office,
and shall be certified to have been recorded, previous to their being delivered to the
purchaser, and shall be good and valid to convey the lands in the same described.
The commissioners of the loan offices
respectively, shall
transmit to the board of
treasury every three months, an account of the townships, fractional parts of townships, and
tots committed to their charge; specifying therein the names of the persons to whom sold,
and the sums of money or certificates received for the same; and shall cause all
certificates by them received, to be struck through with a circular punch; and they shall be
duly charged in the books of the treasury, with the amount of the moneys or certificates,
distinguishing the same, by them received as aforesaid.
If any township, or fractional part of a
township or lot, remains unsold for eighteen
months after the plat shall have been received, by the commissioners of the loan office, the
same shall be returned to the board of treasury, and shall be sold in such manner as
Congress may hereafter direct.
And whereas Congress, by their resolutions
of September 16 and 18 in the year 1776, and
the 12th of August, 1780, stipulated grants of land to certain officers and soldiers of the
late continental army, and by the resolution of the 22d September, 1780, stipulated grants
of land to certain officers in the hospital department of the late continental army; for
complying therefore with such engagements, Be it ordained, That the secretary at war, from
the returns in his office, or such other sufficient evidence as the nature of the case may
admit, determine who are the objects of the above resolutions and engagements, and the
quantity of land to which such persons or their representatives are respectively entitled,
and cause the townships, or fractional parts of townships, hereinbefore reserved for the use
of the late continental army, to be drawn for in such manner as he shall deem expedient to
answer the purpose of an impartial distribution. He shall, from time to time, transmit
certificates to the commissioners of the loan offices of the different states, to the lines
of which the military claimants have respectively belonged, specifying the name and rank of
the party, the terms of his engagement and time of his service, and the division, brigade,
regiment or company to which he belonged, the quantity of land he is entitled to, and the
township, or fractional part of a township, and range out of which his portion is to be
taken.
The commissioners of the loan offices
shall execute deeds for such undivided proportions
in manner and form herein before-mentioned, varying only in such a degree as to make the
same conformable to the certificate from the Secretary at War.
Where any military claimants of bounty
in lands shall not have belonged to the line of
any particular state, similar certificates shall be sent to the board of treasury, who shall
execute deeds to the parties for the same.
The Secretary at War, from the proper
returns, shall transmit to the board of treasury,
a certificate, specifying the name and rank of the several claimants of the hospital
department of the late continental army, together with the quantity of land each claimant is
entitled to, and the township, or fractional part of a township, and range out of which his
portion is to be taken; and thereupon the board of treasury shall proceed to execute deeds
to such claimants.
The board of treasury, and the commissioners
of the loan offices in the states, shall,
within 18 months, return receipts to the secretary at war, for all deeds which have been
delivered, as also all the original deeds which remain in their hands for want of
applicants, having been first recorded; which deeds so returned, shall be preserved in the
office, until the parties or their representatives require the same.
And be it further Ordained, That three townships
adjacent to lake Erie be reserved, to
be hereafter disposed of by Congress, for the use of the officers, men, and others, refugees
from Canada, and the refugees from Nova Scotia, who are or may be entitled to grants of land
under resolutions of Congress now existing, or which may hereafter be made respecting them,
and for such other purposes as Congress may hereafter direct.
And be it further Ordained, That the towns of Gnadenhutten, Schoenbrun and Salem, on the
Muskingum, and so much of the lands adjoining to the said towns, with the buildings and
improvements thereon, shall be reserved for the sole use of the Christian Indians, who were
formerly settled there, or the remains of that society,1 as may, in the judgment of the
Geographer, be sufficient for them to cultivate.
Saving and reserving always, to all officers
and soldiers entitled to lands on the
northwest side of the Ohio, by donation or bounty from the commonwealth of Virginia, and to
all persons claiming under them, all rights to which they are so entitled, under the deed of
cession executed by the delegates for the state of Virginia, on the first day of March,
1784, and the act of Congress accepting the same: and to the end, that the said rights may
be fully and effectually secured, according to the true intent and meaning of the said deed
of cession and act aforesaid, Be it Ordained, that no part of the land included between the
rivers called little Miami and Sciota, on the northwest side of the river Ohio, be sold, or
in any manner alienated, until there shall first have been laid off and appropriated for the
said Officers and Soldiers, and persons claiming under them, the lands they are entitled to,
agreeably to the said deed of cession and act of Congress accepting the same.
Done by the United States in Congress
assembled, the 20th day of May, in the year of our
Lord 1785, and of our sovereignty and independence the ninth.
Charles Thomson, Secretary,
Richard H. Lee, President
Fred Smoot
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