Richard Clough Anderson Papers (1784-1904)
Land Process

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The Land Process of the Virginia Military District

While other articles and books have covered the complicated process of obtaining military bounty lands in this district, it bears repeating in abbreviated form. Be aware, though, that there are conflicts among sources on where one might find these records. (And, in fact, given that many of the records are copied, you may find the same record in several collections.) The most valuable land record collections are undoubtedly at the Library of Virginia (LVA), Ohio Historical Society (OHS), Kentucky Secretary of State’s (KSOS) Office, and the National Archives, rather than at any of the six Anderson-Latham collections. But, if you have exhausted the more obvious sources, then they are next logical step in your research.

A great number of soldiers actually sold their bounty rights and never saw the land patented under their warrants. The complex land process actually made it easier for land speculators, rather than soldiers themselves, to profit. Indeed, a large amount (one million acres or more) of the district was kept in the hands of about 25 wealthy speculators. The actual process was a five-step one starting with certificates and ending with patents.

Certificates

The term "certificate" in relation to bounty land can mean several things and therein may lie the confusion I found between sources. According to Asa Rubenstein, who wrote a dissertation on land speculation in this district, the first step in the process was as follows: "First, the veteran or his heir or legal representative had to present to a court of law a certificate from the commanding officer stating his rank, number of years served or death in service, dates of service, and the particular regiment or corps. The court clerk then had to endorse the certificate and record the claim in a book sent each October to an official in the state land office in Richmond known as the ‘register.’ The register then could issue a warrant noting the amount of land and the authority under which it was granted."1

However, LVA, which has the database index of "Revolutionary War (Land Office) Military Certificates" online, states that their military certificates were made after the soldier had submitted proof and not as proof. ("Once proof of qualifying military service was established and a claim was approved in the Governor’s Office, the governor issued a certificate authorizing the Land Office to issue a warrant.")

In any case, the soldier did have to satisfactorily prove his service (and could resort to petitioning the Virginia General Assembly if the regular procedure failed). Although some stray military certificates may be found in other collections, the main body of records are found (either as certificates or as so-called "warrants" listed in the next section) at the LVA.

Warrants

Although LVA has a database called "Revolutionary War Bounty Warrants," what actually shows up is the associated paperwork (including information on service and petitions from heirs) rather than the warrants themselves. In fact, these records may be better termed as warrant applications, perhaps in conjunction with the certificate files above. However, LVA does have record copies of warrants 1 through 9969 (with gaps). The Anderson-Latham papers at LVA contain 140 warrants (probably scattered numbers). KSOS has surrendered (original) warrants 1 through 4627 on their online database, supposedly for Kentucky locations but some were undoubtedly located in Ohio. According to their preliminary inventory, the National Archives has the surrendered (original) warrants for Ohio.

The National Archives also has "resolution warrants," which were the result of successfully petitioning the Virginia General Assembly for bounty land. (One source claimed that these warrants were for civilians who contributed to the war effort but another said they were for soldiers or his heirs who had lost their certificates or otherwise had difficulty proving service. They may, in fact, be a combination of both.) At least one resolution warrant (no. 2202), that of Capt. Gabriel Long, is found in the KSOS database.

Entries

After the soldier (or heirs) had the warrant, he (or probably more often someone else) decided what land he wanted to "locate" and noted boundaries such waterways, trees, and other markers. The respective land office records at KSOS and OHS appear to contain the original entry books while Western Reserve Historical Society (WRHS) and the Anderson collection have some copies. (For instance, at the latter, bound volume 16 is labeled "Copy of Entries Virginia District B.")

Surveys

After the land was "located," a surveyor measured the boundaries and drew a plat (more often just called a survey) showing the location of the land in relation to surrounding landmarks. Surveys, which are given a unique number (often different from the warrant number as several surveys could be used for one warrant or vice versa), can be found in all the collections. (The WRHS finding aid states that "the warrant number and the survey number are not always the same, though the majority of them are."2 My experience with the early surveys in the Anderson collection indicates that they do not have the same number as that of the warrants.)

In any case, it is not always clear which surveys are drafts, which are "original surveys," and which are copies. Most likely, "clean" copies of surveys will be found in bound volumes at KSOS and OHS. The rough drafts and "original" surveys will most likely be found at WRHS (surveys 102 through 14,409 with bound index) and in the Anderson collection (scattered). The finding aid for WRHS says that "those in the present collection are unique in that they are signed by the Deputy Surveyor and contain the names of the two chain carriers and the marker…these are the original surveys, the others in the various archives are copies."3 If the names of the surveyor et al are distinguishing marks of an original survey, then the Anderson collection contains many "originals," though I suspect from the number of cross-outs in early surveys that at least some are drafts.

Because surveying was probably the most contentious (or at least problematic) step, not to mention the most thoroughly covered in the Anderson collection, I will briefly discuss the background of the "metes and bounds" surveying system. Although Congress had adopted the first rectangular surveying system (which required that the land be surveyed first in rectangular blocks and then sold) in 1785, they specifically exempted the Virginia Military District. In hindsight, this may not have been the best choice.

By using "perishable" landmarks such as trees, stones, and waterways, the "metes and bounds" system left a lot to be desired. While it did allow for the settler to choose only the "good quality" land he or she desired, it also led to "interference" (prior claims made on the same land). As Asa Rubenstein commented, "Virginia’s system of surveying plus the crudeness of the surveying instruments of the period led to inaccurately defined boundaries, which often meant that neighboring tracts overlapped one another or that more land was incorporated within the boundaries than was permitted by the claim itself."4

A great deal of "withdrawing" and "reentering" of surveys resulted, not to mention lawsuits and attempts to better regulate the process. As James W. Oberly commented in his book Sixty Million Acres: "In 1855, one congressman estimated that Congress had passed some forty-four acts dealing with the affairs of the Virginia Military District because, despite its origin as a state project, it soon became part of national public lands administration."5 These acts were only one more indication of the difficulties that soldiers (or even land speculators) faced in getting a "clear" title (or patent).

Patents

The final piece of paper in the land process, a patent gave legal title to the person who surrendered the warrant in exchange for the land. (This person was not necessarily the soldier as, more often than not, he or his heirs had sold, or assigned, the warrant long before the land was patented.) The patents for the Virginia Military District are held at KSOS for land in Kentucky and the Bureau of Land Management (Eastern States) for land in Ohio.

 

Endnotes

1Asa Rubenstein, "Richard Clough Anderson, Nathaniel Massie, and the Impact of Government on Western Land Speculation and Settlement, 1774-1830," (doctoral dissertation, University of Illinois at Urbana-Champaign, 1986), p. 25.

2J. J. Horton, "Virginia Military District Papers," unpublished four-page finding aid at the Western Reserve Historical Society, dated February 15, 1962, p. 1.

3Ibid., p. 2.

4Rubenstein, p. 29.

5James W. Oberly, Sixty Million Acres: American Veterans and the Public Lands before the Civil War (Kent, OH: Kent State University Press, 1990), pp. 8-9.