Land, Free Land By Connie Lenzen An article for the Genealogical Forum of Oregon s September 2008 issue of the Bulletin

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1 Land, Free Land By Connie Lenzen An article for the Genealogical Forum of Oregon s September 2008 issue of the Bulletin Overview. The focus of this article is the provisional and territorial days. Land claim files are an excellent starting point for research because a home of their own was a motivating force for the wagon-trail pioneers and for the retired fur-trappers who were living in Oregon before them. More than 3,700 provisional land claim applications were filed between 1845 and 1849 under the Provisional Land Act, and over 7,000 claims were made under the Donation Land Act of These records are extremely accessible to family historians. The GFO has abstracted, indexed, and published both the provisional and the donation claim files. An online index to the donation files is on the GFO website, Plus, the GFO library has a set of the microfilmed donation land claim files. Provisional land claims. When Oregon s provisional government was established in the spring of 1843, it permitted inhabitants to stake out claims and survey them by the metes and bounds method. A legislative committee created a constitution that included rules for the land claims. The first three describe how a person should apply. 1 Art. 1. Any person now holding, or hereafter wishing to establish a claim to land in this territory, shall designate the extent of his claim by natural boundaries or by marks at the corners and on the lines of such claim, and have the extent and boundaries of said claim recorded in the office of the territorial recorder, in a book to be kept by him for that purpose, within twenty days from the time of making said claim. Provided, That those who shall already be in possession of land, shall be allowed one year from the passage of this act to file a description of his claim in the recorder s office. Art. 2. All Claimants shall, within six months of the time of recording their claims, make permanent improvements upon the same by building or enclosing, and also become an occupant upon said claims, within one year from the date of such record. Art. 3. No individual shall be allowed to hold a claim of more than one square mile, or 640 acres in a square or oblong form, according to the natural situation of the premises; nor shall any individual be allowed to hold more than one claim at the same time The amount of genealogical information in the provisional claims is slim; there are no birth dates or birthplaces, and no names of family members. Yet, the recorded information allows the family historian to reconstruct the neighborhood. Since the early settlers often lived near their kinfolk, that is an important piece of information. In March 1849, Congress established a territorial government for Oregon, and the provisional land laws were null and void. Everyone had to refile for their land under the new rules. 1 Lottie Gurley, comp. Genealogical Material in Oregon Provisional Land Claims, Abstracted; Volumes I-III, (Portland: The Genealogical Forum of Portland, 1982), Foreword. 1

2 Donation land claims. The Donation Act of 1850, effective 1 December 1850, gave 320 acres to every white settler or American half-breed Indian who was over eighteen-years of age and who filed a claim. They had to be a citizen of the United States. If an alien, they had to have made a declaration of intent to become a citizen. For married men, their wives received 320 acres in their own right, and a proof of marriage had to be submitted. For people who arrived after 1 December 1850 and before 1 December 1853, the land allotment was reduced to 160 acres for a man and 160 acres for his wife. A subsequent amendment extended the filing deadline to 1 December Additional amendments provided for widows and orphans and allowed claimants to reduce the required years of residence. 2 The people. Four men will be used to illustrate the use of land claims and how they are a launching pad to other GFO resources. George Neal arrived in He was the first claimant to apply for a provisional land claim. William G. Buffin arrived in He was the last provisional land claimant. Xavier Laderoute arrived in the 1820s. As a former Hudson s Bay Company employee and a British citizen, he voted against the organization of the provisional government. Etienne Lucier arrived in 1812 and is known as Oregon s first farmer. Even though he was a former Hudson s Bay Company employee, he voted for the provisional government. George Neal There are two entries for George Neal in the published provisional land claim book; one is for his claim, and the other is for a neighbor s claim. Name Neal, George Payne, Lewis Land description West side of Willamette River, Yam Hill district, about 5 miles above the Richerall [sic]; 640 acres. Adjoins T. M. Tharp on the north. Personal occupant. 21 August Champoeg County, 640 acres. About 1 mile north of Santayam River; a fraction lying between claims of Davis, Wm. Edgar, Geo. Neal and Moses Edgar. Intends occupancy, 12 Oct Locating the claim. Yam Hill district and Champoeg County are both named as places where George Neal s claim was located. The question of whether this could be the same claim or a different claim should be resolved. A map of the Yam Hill district appears in the foreword to the provisional land claims book. It was everything west of the Willamette River and a line running north and south of the river. 2 Dorothy O. Johansen, The Roll of Land Laws in the Settlement of Oregon, Genealogical Material in Oregon Donation Land Claims Volume I (Portland: Genealogical Forum of Portland, 1957), unpaginated, fourth and fifth pages. 2

3 Champoeg County was east of the Willamette River. It s likely that George Neal moved from his original claim in Yamhill to a claim in Champoeg census. The 1850 Oregon census is available in four formats in the GFO library; microfilm, on the Internet through Ancestry.com or HeritageQuestOnline; abstracted and published; and as a bound copy of the original document. The latter book is located in the Rare Book Room. Three copies of the 1850 census were made; one was to go to the county seat, one was to go to the Secretary of State, and one was to go to the Secretary of the Interior. The GFO book is identical to the census that was microfilmed and later scanned for the Internet with one exception; the page numbering is different. The microfilmed version has two page numbers; one is stamped, and the other is penned. The enumerator wrote the penned number, and the other number was stamped when the census was prepared for microfilming. The census book in the Rare Book Room has only the penned number. The George Neal household appears in the Marion County census. 3 (Champoeg County was renamed Marion on 3 September 1849.) Neal, George, 30, farmer, real estate valued at $3,000, born Tennessee Melia, 24, born Ohio Melinda, 5, born Oregon Territory Elias, 3, born Oregon Territory The 1850 census does not give relationships. However, the enumerator was instructed: The names are to be written beginning with the father and mother; or if either, or both, be dead, begin with some other ostensible head of the family; to be followed, as far as practicable, with the name of the oldest child residing at home, then the next oldest, and so on to the youngest, then the other inmates, lodgers and borders, laborers, domestics, and servants. 4 Even with that assurance, one cannot say for certain that George was married to Melia and that Melinda and Elias were his children. Additional proof should be located, and the donation land claim file will provide that marriage proof. Oregon Donation Land Claim. The published abstract of George Neal s donation claim file provides the following information: 5 [Claim] NEEL [sic], George, Marion County; born 1815 in Greene County, Tennessee; settled claim on 15 May 1846; married Millie 6 January 1846 in Oregon City, Clackamas County, Oregon Territory. Affidavits by Wm Edger and Moses Edger U.S. census, Marion County, Oregon, population schedule, page 87 (stamped), 173 (penned), dwelling 210, family 210, George Neal; digital image Ancestry.com ( : accessed 28 June 2008); citing M432, roll Census: Instructions to Marshals and Assistant Marshals, digital article; IPUMS USA ( : accessed 28 June 2008); citing Explanation of Schedule 1. Free Inhabitants, instruction No Genealogical Material in Oregon Donation Land Claims Volume I, page 42. 3

4 While the originals of the provisional land applications seldom provide additional information other than what is contained in the published book of abstracts, the originals of the donation claim files do contain more information, and they should always be read. The microfilm copy of Neal s file (located at the GFO library) contains some wonderful snippets of information. 6 The west half of the claim belonged to Millie Neal, wife of George Neal, and the east half belonged to George Neal. An outline map of the claim was included. Settlement of the claim commenced on 1 November George Neal stated that he was born in Green County Tennessee in 1815 and that he had married Millie Neal on 6 January 1846 in Oregon City. [Note: the index to Clackamas County, Oregon, marriage records has been published. 7 There is no entry for George and Millie s marriage.] Moses Edger stated that he had known Millie and George to live together since [Could Millie be an Edger? The Edgers should be researched.] There is much more that can be learned about George and Millie Neal at the GFO Library. Not only are there materials on the shelves and in microfilm, but the Internet computers can be used to search the Oregon State Archives Oregon Historical Records Index, online at < >. Here we find that George Neal is listed in Marion County tax records, and copies can be requested from the Oregon State Archives. William G. Buffin William G. Buffin was the last person to apply for a provisional land claim; he made two claims, and is listed in five other claims. On 11 May 1846, he applied for land in Yamhill County and later abandoned it. On 7 April 1849, he applied for another 640 acres in Yamhill County. Claimant Description Buffon, Wm. Yam Hill County, 640 acres, about 3 miles southwest of A. D. Smith; J. Derbyshire on the east; R. Poole on the west; P. Armstrong on the northeast. Personal occupancy. 11 May Abandoned in favor of James McDonald by personal request of claimant, 7 March Johnson, John Yamhill County, 640 acres. Pleasant Armstrong s claim on the north; Wm. F Buffon s claim on the east; Joseph Garrison s claim on the west and Mountains on the south. Intends personal occupancy, 25 Sept Clyman, S. Yamhill County, 640 acres. Keeler s field on the northwest. Holds by occupancy, 3 October Abandoned by personal request of claimant in favor of Wm. G. Buffin, 7 April Oregon and Washington Donation Land Files, microfilm publication M815 (Washington, D.C.: National Archives, 1970), roll 13, Oregon City Land Office, Donation Certificates , George Neel and wife file (Marion County), certificate Index to Clackamas County, Oregon, Marriage Records, 184? 1900 (Oregon City: The Mount Hood Genealogical Forum, 1966). 4

5 McDonald, James Palmer, Joel Buffin, William G. Twality County, in consideration of $630 of James Taylor of Oregon City, sold two white oxen, 6 years old next spring, one yellow and white oxen and one brindle Ox, both 5 years old next spring one 2 horse wagon, one anvil, one bellows, one vice, 2 screw plates, 17 pairs on tongs, 4 heading tools, 4 cast steel punches, 4 or 5 swages, 3 hand hammers, 1 sledge and also all other blacksmith tools which I now have in the care of Wm. Buffin in Yamhill County and the wagon is in my possession in Lin City. Dated 28 Dec 1846 (signed) James McDonald (seal), In presence of A. Skinner and Andrew Pool. Filed 14 February and recorded 20 February Yamhill County, 640 acres. Neighbors are W. G. Buffum and John Walker. Intends personal occupancy, 8 Nov Yamhill County, 640 acres. Near A. Killer claim. Occupancy 7 April The published abstract of William G. Buffum s donation land claim file provides the expected information about his birth and marriage. 8 [Claim] BUFFUM, William G, Yamhill county; born 1806, Chittenden County, Vermont; settled claim on 1 April 1849; married Caroline on 27 November 1827 in Fulton County, Illinois. Claim surveyed by I. W. Goodell. Affidavits by Solomon (X) Allen, Wm. Graham, and James McDonald. Even though the abstract contains vital information, the original document should be obtained and reviewed. For people who cannot go to the GFO library, for a moderate fee, a member of the GFO Research Committee will make copies of the file and mail it. See the GFO website, for information on how to make a request. County, regional, and state histories. Biographies for many early Oregon settlers are found in county and state histories. Pat Brandt s Oregon Biography Index (Corvallis: Oregon State University Press, 1976) is an index to 47 of them, and many of the books are on the GFO shelves. William Gilbert Buffum is the subject of two biographies. One biography provides the reason for the claim abandonment. He and his wife remained uninterruptedly on their claim until 1848, when the gold excitement in California caused Mr. Buffum to go to the mines of that State, where e mined for a couple of months on north fork of the American river, when he left with the very good sum of $3,000. His wife accompanied him everywhere, sharing all his dangers and vicissitudes. She was with him in the mine, and returned with him to Oregon, being sixteen days on the water coming from San Francisco to their destination. 9 8 Genealogical Material in Oregon Donation Land Claims Volume I, page Rev. H. K. Hines, An Illustrated History of the State of Oregon (Chicago: The Lewis Publishing Company, 1893),

6 Francois Xavier Laderoute Francois Xavier Laderoute, a French-Canadian, was an employee of the Hudson s Bay Company. In 1838, Jason Lee, the Methodist missionary, conducted Laderoute s marriage to Julie Gervais. In 1847, after Julie s death, Laderoute wed Marie Anne Ouvrie at the Catholic Church in St. Paul, Oregon. 10 Along with other French-Canadians, he voted against the establishment of the provisional government, but he eventually became an American citizen. His citizenship made him eligible to acquire federal land. Laderoute applied for a provisional land claim, and he is mentioned as a neighbor in several other claims. Claimant Description Ladaroute, H Champoig Co, about 488 acres. Personal occupancy, 2 October Gervais, Isaac Champoig Co, 640 acres. H. Ladaroute on south. Personal occupancy, 16 October Leno, Joseph Champoig County, 500 acres more or less. Located on Grand Prairie; J. Ladaroute on north and Jos. Delord on south. Personal occupancy, 31 Gregoire, David Laderoute, Xavier October Abandoned by personal request of claimant, 28 Sept Champoig County, 640 acres. Located on Grand Prairie; adjoins claims of David Gervais; Antoine Felix; and Laderoute. Holds by personal occupancy, 25 Sept Abandoned by personal request of claimant, 7 Nov Champoeg County, 640 acres. In Grand Prairie. Occupancy 10 May 1848 The published abstract of Francis Xavier Laderoute s donation land claim provides the following information: 11 [Claim] LADTROOTE, Francis Xavier, Marion Co; born 1800, Canada; SC 15 Oct 1846; m Mary Ann, Jan 1847, Marion Co, Ore. Territory. Filed for citizenship Sept. 1851, Cert. #890, awarded 10 Oct 1864, Marion Co, Ore. Territory. Affidavits by Andrew Dubois, Francis Revet. The microfilm copy of Ladroute s donation claim file does not include his naturalization certificate. When the files were microfilmed, federal law prohibited coping those records. The law has now changed, and the entire file, along with the naturalization certificate, can be ordered from the National Archives. The required form is NATF 84, and it can be filled out online on the National archives and Records Administration website, < /inquire-form.html#part-a >. The current fee is $40.00, and credit cards are accepted. 10 Harriet Duncan Munnick, Catholic Church Records of the Pacific Northwest: St. Paul, Oregon , Volumes I, II and III (Portland: Binford and Mort, 1979), A-51, 11 Genealogical Material in Oregon Donation Land Claims Volume I, page 92. 6

7 Etienne Lucier No story about early Oregon is complete without mention of Etienne Lucier, Oregon s first farmer. Lucier arrived in Oregon in 1812 as an employee of the Pacific Fur Company. He hired on with the Hudson s Bay Company in 1824 and was listed as a Willamette Settler from 1836 to 1843 in that company s records. 12 The cross-indexed entries for Lucier in the abstracted provisional land claim book provide an excellent description of his neighbors and their surroundings. Claimant Foisy, Medoard G Monique, Louis Lucier, Etenne Debreuill, Jean Baptiste Description Champoick Dist. Pierre Belecque on south; Church creek on east; J. B. Dubreuille on north; and Ekin Luceir on west. 500 acres. Hold without occupancy. 17 Oct Champoick Dist. 640 acres. J. Bte. Perrault on south; Etienne Lucier on north; Willamette River on west. Personal occupancy. 10 Nov Champoick Dist. West Bank of Willamette River on north; P. Bellecque on east; J. B. Perrault on west; and M. G. Foisy on south. Personal occupancy, 12 December Void by request of claimant, 9 October Champoick County, 640 acres. Church Creek on east; Andre St. Martin on north; Etienne Luceir on west; H. L. Lebrun on south. Personal occupancy. 12 May Champoie County, 640 acres. Adjoins Willamette River, Church Creek and Despard, I. Martin, and Lucier. Personal occupancy, 22 July 1846 Belleque, Pierre Liard, F. X. Champoig County, 640 acres. On Willamette River between claims of J. B. Perrault and Etenne Lucier. J. B. Dubriel s claim on east and adjoins St. Martin s claim on the northeast corner. Personal occupancy, 7 September Abandoned by the claimant in favor of Andre Samatar, 20 November Lucier, Etienne Young, John Hall, Benjamin F. Despar, Joseph Samatar, Andre Champoig County, 640 acres. Willamette River on east, near Placides Landing; Pierre Belieque on east; St. Martin on south; DeLoire on west. Personal occupancy, 7 October Champoeg County, 640 acres. On Willamette River about 4 miles above Champoeg Landing; adjoins Lucier claim. Occupancy 21 June Champoeg County, 640 acres. On Willamette River; neighbors were Rogers Terry and Lucie; near a lake. Occupancy 17 July Champoeg County, 500 acres. Church Creek on east; neighbors are Pierre Belieque; J. B. Dubrivill; and Eiken Lucier. Occupancy 11 November Champoeg County, 640 acres. On Willamette River; neighbors are J. B. Perrault; Etienne Lucier; J. B. Dubrail; St. Martin. Occupancy 20 November Etienne Lucier Biographical Sheet; digital image Hudson s Bay Company Archives ( : accessed 29 June 2008). 7

8 Conclusion. The provisional and territorial land records provide a capsule view of the early Oregonians and their communities. They, along with the other sources used in this article, were accessed at the GFO library. There s more in the library that can be used; come on in and spend a cozy afternoon browsing through the materials. For the curious minds whowant to learn more about the history of Oregon s provisional and territorial days, see chapters 11 through 13 in Volume I of Joseph Gaston s The Centennial History of Oregon (Chicago: The S. J Clarke Publishing Company, 1912). 8