Lynn Hilburn: Barry County History Part II: Land

The story of land in early America is a tale of ambition, conflict, and governance.

The Northwest Ordinance set a precedent for the creation of new states, ensuring that they would be admitted on an equal footing with the original states. It established a clear pathway to statehood, promoting the orderly expansion of the United States.

The desire for westward expansion drove the states to seek new opportunities and settle new lands. However, the lack of legal frameworks and regulations posed significant challenges. The Land Ordinance of 1785 and the Northwest Ordinance of 1787 played crucial roles in addressing these challenges, providing a structured and systematic approach to land surveying, distribution, and governance.

The legacy of these ordinances influenced the United States as the nation continued to expand and grow while upholding the principles of equality and justice and highlighting the importance of education and religious freedom in the expansion territories.

The Land Ordinance of 1785 and the Northwest Ordinance of 1787 provided a structured and orderly process for westward expansion, including Missouri, except for the slavery position, ensuring that new territories were settled and governed in a systematic manner.

The Northwest Ordinance outlined several key provisions:

• Formation of Governments: Once a territory reached a population of 5,000 free male inhabitants, it could establish a territorial government and send a non-voting delegate to the U.S. Congress.

• Path to Statehood: When the population of a territory reached 50,000, it could apply for statehood and draft a state constitution. Upon approval by Congress, the territory would be admitted as a state with all the rights and privileges of the original states.

• Slavery Prohibition: The ordinance banned slavery in the Northwest Territory, setting a precedent for the future states formed from this region.

• certain civil liberties, such as freedom of religion and the right to a trial by jury.

By establishing a standardized system for surveying and dividing land, the Land Ordinance of 1785 helped to prevent disputes and promote orderly settlement. It also facilitated land sales, generating revenue for the federal government and encouraging migration to the western territories. The allocation of Section 16 for public schools underscored the importance of education in the nation’s growth and development. After many disputes, it was held that the land was under control of the federal government.

Land Surveying was a very esteemed profession back in the 1700s and 1800s. George Washington, Thomas Jefferson, Daniel Boone and Abraham Lincoln were all surveyors. The government would let contracts to do surveying in the new territories. Experienced surveyors were employed to lay out the extremity of the 6 mile by 6 Mile Township (these surveyors would usually check their work before they would set a corner), and then other not so experienced people were employed to do the interior of the township.

This is why when you are driving in the country, every once in a while you’ll see a jog or an offset in the road, because some of the lesser experienced surveyors didn’t check their work very well before setting their “corners.” Also, can you imagine trying to survey a straight line across the hills and valleys of some of this Ozark terrain? But even this was better for handling land disputes than to have a government worker try to lay out land on a map back in the office.

Land could not be sold until it had been surveyed, but people and settlers who entered the area before the survey was completed needed or wanted to stake out their land claim. Because most individuals or families did not have $640.00 to buy a whole section of land. they only wanted a piece of that which would be either a quarter section, 160 acres, or even one fourth of that which would be 40 acres. In order to stake out 40 acres which would be ¼ of a mile by a ¼ of a mile, or 1320 feet by 1320 feet, original settlers needed to have some idea how to measure this. The original surveyors used an instrument called the “chain,” which was 66 feet long.

They would usually measure until they got 10 chains marked out which was 660 feet, rest a few minutes and start “chaining” again. After they measured 10 more chains, they would set a marker because this was a quarter of a mile (20 chains of 66 feet equals 1,320 feet). The surveyors were supposed to set a marker at all quarter mile points.

The contracted surveyors would set medium size stones at the half mile and then larger stones partially buried at the one mile marker. This is how the “Township and Ranges” were set up.

For settlers that arrived before the official surveying was completed, a way to estimate their claim was needed. Since the early settlers did not have ‘chains’ They needed a system to measure what their claim would be. Another common unit of measurement was the “Rod,” which was 16-1/2 foot (four Rods equalled 66 feet, or one chain). A rod could be measured with a 16-1/2 foot pole or “rod.”

Another way to estimate the distance was to pace off the distance. It was determined early on that 16-1/2 foot rods were very hard to find and to keep and that six steps (a step is about 2.75 feet) for the average male person equaled about 16-1/2 feet, and 24 steps would equal a ‘chain’ or 66 feet.

Therefore, 240 steps would equal 660 feet (one-eighth of a mile), and 480 steps would equal 1,320 feet (one quarter of a mile).

So, if the settler wanted 40 acres (a one quarter mile by one quarter mile piece of land), he would pace off 480 steps, turning perpendicularly, pace off 480 more steps, then turning, pacing another 480 steps and then turning, pacing another 480 steps, and hopefully be back to his point of beginning, and he would have his 40 acres.

He would set markers for his claim, and then hopefully, by the time the land was surveyed, he would have his $40 so he and his family could have their claim, their start for a new life. After the area was officially surveyed, he would work with the government assessor to determine how his claim fit into the township and range system.

Getting back to Missouri. Although there were many Indians, there were not many light skinned people living in Barry County or southwest Missouri at the time. Most of the “white” population being in St Louis, along the Missouri River or in Kansas City. According to the 1820 census, the Missouri Territory had reached a “settled” population of 66,000. Therefore, the people of the Missouri Territory requested state hood and Missouri became the 24th state on Aug. 10, 1821.

In the next installment, I will talk about the Indian Influence on Missouri and neighboring states. Later, we’ll talk about why County seats are where they are, why counties are the size they are, why schools were not necessarily located in section 16, and then we’ll start talking about people.

Stay tuned, and don’t forget there will be a test!

Lynn Hilburn is an officer in the Barry County Genealogical and Historical Society, and invites all to come and join meetings, to provide information about their families or to look up information about their families. Hilburn may be reached at hlhilburn@hotmail.com.