Louisiana Purchase

The thirty-second state, Minnesota, first joined the United States on May 11, 1858. The state is bordered by Canada, Wisconsin, Iowa, North Dakota, and South Dakota. Minnesota is also bordered by Lake Superior to the northeast. (One of its nicknames, The North Star State, gave Minnesota its motto which is: “L’Etoile du Nord”. This French phrase means “star of the north” (statesymbolsusa.org, n.d.). Due to the climate of the state, many red pine and pink and white lady slippers grow in Minnesota. Both are the state flower and state tree, founded in 1953 and 1967, respectively. The state bird of Minnesota is the common loon, which is a brown bird with white markings. In 1849, the capital was founded, and named St. Paul (Britannica, T. E., August 2, 2016) Nearly 110 years later in 1957, the state flag was officially adopted. The flag of Minnesota is royal blue with the state seal in the center (statesymbolsusa.org, n.d.).

Minnesota was first settled by Europeans “in the seventeenth and early eighteenth centuries” (Benson, S., Brannen, D. E., Jr., & Valentine, R., 2009). The land was bought by the United States as part of the Louisiana Purchase in 1803, and joined the union later in 1858. When the Ojibwa and Dakota tribes began to give tribal lands to the government, more and more land was “opened [up for] lumbering, farming and settlement” (Benson, S., Brannen, D. E., Jr., & Valentine, R., 2009). As time went on, Minnesota built many railroads, became the nation’s iron mining center, and steadily grew in population. As of 2017, the population of Minnesota is 5,577,847, and is a predominantly white state. The census taken that year showed 19% of Minnesota is people of color, while the other 81% is white non-hipic (minnesota.gov, 2017).

As population grew, so did the manufacturing business, which has brought in a steady amount of income for the state ever since it joined the Union. Currently, the state’s income comes mainly from manufacturing, agriculture, real estate, finance, and insurance (Benson, S., Brannen, D. E., Jr., & Valentine, R., 2009).

The government of Minnesota is extremely similar to the federal government. Just like the federal judicial system, the state judicial system has a supreme court as the highest court. There is a chief justice, and the chief executive fills any vacancies. The executive branch is almost identical to the federal executive branch. However, instead of a president and vice president as the heads of the branch, the state has a governor and lieutenant governor. Additionally, both members of the executive branch serve four year terms, and are elected jointly just like the president and vice president. The state legislative branch is also very similar to the federal legislative branch. The branch is made up of two houses: the House of Representatives and the Senate. For a bill to become a law, it has to pass in both houses and then go to the chief executive, the governor.

While they are similar, the state government does deviate from the structure of the federal government, occasionally. For example, in the bill to law process, the governor has the option to sign, veto, partial veto, or pocket veto if the bill has not been acted upon by the government in fourteen days (In Worldmark Encyclopedia of the States, 2016, p. 463-482). Also, the governor only has to be twenty five years old and a U.S. citizen to be considered qualified for the job, unlike the president whom has to be a native born citizen and at least thirty five years old. The governor also has to have lived in the state at least one year prior to the election, and be a qualified voter. The state legislative branch also has quite a few differences from the federal legislative branch. For one, the state House of Representatives only has 134 members, and the state Senate has a mere 67 members, as opposed to the federal branch, which has 435 house members and 100 senate members (In Worldmark Encyclopedia of the States, 2016, p. 463-482).

The judicial branch is broken down into the Supreme, District, and County Courts. The state Supreme Court has justices elected to serve six year terms instead of being appointed to serve for life like the federal Supreme Court. Each district court has at least three judges that are elected to serve six year terms. These courts deal with any major misdemeanors committed in the state of Minnesota. Lastly, County Courts deal with minor misdemeanors, local court, family court, and civil jurisdiction dealing with $5,000 or less. Every county in Minnesota has a county court except for Hennepin County and Ramsey County because they have municipal courts. When it comes to politics, the state of Minnesota is primarily Republican, but the Democratic-Farmer-Labor Party is also a major political party in the state. The two parties make up the majority of Minnesota.

The local government of Minnesota is divided into counties. Each county is governed by a board of commissioners, whom are elected to four year terms (In Worldmark Encyclopedia of the States, 2016, p. 463-482). Counties are responsible for administering welfare, highway maintenance, planning and development, and property assessment. Each regional development commission consists of local officials selected by counties, cities, and townships. Cities have a home-rule charter or are statutory cities (In Worldmark Encyclopedia of the States, 2016, p. 463-482).

Minnesota is a beauty in itself, with many national monuments and parks. In fact, the money that comes from tourism makes up a large portion of income for the state. The state’s national monuments include Grand Portage National Monument in Arrowhead Country and Pipestone National Monument in Southwest Minnesota. As for national parks, Minnesota has five national parks as of 2019 (In Worldmark Encyclopedia of the States, 2016, p. 463-482).

Minnesota is also famous for many of its industries. A major dairy corporation, Land O’ Lakes, Inc., was founded in Minnesota and has been open since June 7, 1921. It was first known as the Minnesota Cooperative Creamery Association, but got its current name from a nickname for the state: Land of 10,000 Lakes (In T. Carson & M. Bonk (Eds.), 1999). The Mayo Clinic, founded by Dr. William W. Mayo, is also a terrific example of large industries in Minnesota. Another large industry founded in Minnesota is Sears, Roebuck & Company, founded by Richard W. Sears. The American Board of Physical Medicine and Rehabilitation is also located in Minnesota and is headquartered in Rochester (In Worldmark Encyclopedia of the States, 2016, p. 463-482).

In addition to its natural beauty and famous industries, Minnesota is also recognized for their prestigious sports teams. The Twins of MLB, the Vikings of the NFL, the Lynx of the WNBA, the Wild of the NHL, and the Timberwolves of the NBA are just a few of their professional sports teams. (In Worldmark Encyclopedia of the States, 2016, p. 463-482). The collegiate sports efforts from the University of Minnesota are also well-known, especially their ice hockey team. The University of Minnesota Golden Gophers are currently ranked in sixth place in men’s ice hockey (ncaa.com, n.d.).

Minnesota has a bit of everything to appeal to everyone. Whether it’s being outdoors, watching sports, being in a colder climate, any of its plants or animals, or its many large industries, anyone can find something in Minnesota that interests them.

Sources Cited:

Benson, S., Brannen, D. E., Jr., & Valentine, R. (2009). Minnesota. In UXL Encyclopedia of U.S. History (Vol. 5, pp. 1006-1007). Detroit, MI: UXL. Retrieved from http://link.galegroup.com/apps/doc/CX3048900398/UHIC?u=bato56210&sid=UHIC&xid=87ec7f33
Britannica, T. E. (2016, August 02). Saint Paul. Retrieved from https://www.britannica.com/place/Saint-Paul-Minnesota
Land O’Lakes, Inc. (1999). In T. Carson & M. Bonk (Eds.), Gale Encyclopedia of U.S. Economic History. Detroit, MI: Gale. Retrieved from http://link.galegroup.com/apps/doc/EJ1667500365/UHIC?u=bato56210&sid=UHIC&xid=40ef0302
L’Etoile du Nord. (n.d.). Retrieved from https://statesymbolsusa.org/symbol-official-item/minnesota/state-motto/letoile-du-nord
Minnesota. (2016). In Worldmark Encyclopedia of the States (8th ed., Vol. 1, pp. 463-482). Farmington Hills, MI: Gale. Retrieved from http://link.galegroup.com/apps/doc/CX3632200033/UHIC?u=bato56210&sid=UHIC&xid=20b8626e
Minnesota.gov Portal. (2019, January 08). Retrieved from https://mn.gov/portal/
NCAA.com. (2019, February 04). DI Men’s Ice Hockey Rankings – USCHO.com. Retrieved from https://www.ncaa.com/rankings/icehockey-men/d1/uschocom

Each seat in the room was filled. One side was for and the other was against. The room was buzzing with noise and comebacks to argue with the opposing side. Ideas were being bounced around and new rules were being created but not enforced. Eventually one man stood and proposed that everything be prohibited. The mediator of choice and being fair got in the way of this proposal. Another man stood and proclaimed a new compromise. The Missouri Compromise. The Missouri Compromise was an example of how sectional tensions were being affected during the 1800s. During the 1820s-1861, sectionalism was a huge obstacle within the nation, this being with slavery and just racism against people of color. There were many things trying to counteract this problem such as the Missouri Compromise, the Kansas-Nebraska Act, and the Crittenden Compromise.

The Missouri Compromise was proposed by Henry Clay during 1819. He proposed that Missouri proclaim that they will be a slave state in return for Maine becoming a free state. There was also a second part to this compromise; the other new states from the Louisiana Purchase above Missouri were considered to be free states. This compromise was seen as to be very controversial in terms of whether it actually helped with sectionalism. It necessarily didn’t actually help with putting an end to the nation being sectionalized. It created more of a stern barrier as to who is a part of what. It created more of a bubble and declared who was in what section. This compromise just carried on the longevity of sectionalism for about thirty more years after it was signed.

The Kansas-Nebraska Act of 1854 was a major turning point counteracting what had been placed in 1820 by the Missouri Compromise. Senator Stephen A. Douglas of Illinois had bigger plans for many things within the nation. Many people within the nation wanted to move to Nebraska, but there was one thing holding them back from this. Nebraska hadn’t been considered its own state or territory yet, so none of the land could be claimed by any of the new people coming in, and none of congress was exactly in a hurry to change this. Nebraska was above the 36, 30 line which was placed in the Missouri Compromise.

Giving Nebraska its own territory would completely change what was in place of this. Along with Nebraska becoming its own territory, Kansas also was proposed by Douglas to become a state that supported slavery. The Kansas-Nebraska act allowed states to be able to decide the topic of slavery by popular sovereignty. This completely goes against everything that was placed and disrupts congress’s thirty years of placing sectionalism aside. This ultamily split the nation and created two major parties such as the democratic and republican party. Within these two parties they both are still arguing against one another’s beliefs and sectionalism is still being carried on but just by popular sovereignty now.

Another compromise that was tried within this timep was the Crittenden Compromise. This Compromise was put tried for by Senator John J. Crittenden of Kentucky. He tried to make six different amendments by keeping all the states that allowed slavery to always slave states and to keep the free states separated forever. He wanted to extend this to the pacific and to make the government indemnify owners of fugitive slaves that were prevented by anti slavery laws in the north.

Crittenden also wanted sovereignty to be sanctioned and for slavery in the District of Columbia to be protected from congressional action. All of the things that he has proposed creates a larger p of sectionalism throughout the country and causes more problems throughout the nations between the different parties. In 1861, the senate voted against all of the amendments that Crittenden had proposed. Which, in the end, didn’t end sectionalism but didn’t create any more than what was already spread throughout the nation.

The definition of sectionalism is the restriction of interest to a narrow sphere; undue concern with local interests petty distinctions at the expense of general well-being. In the 1820s-1861, sectionalism was a big thing within race and slavery. The nation was being separated between the north and the south over which state is for and which state is against slavery. It was eventually was just dragged on for many years and laws and other regulations were changed within each section, but no progress was really achieved anywhere. In the end the boundaries were made more clear within the nation.

Change wasn’t necessarily favored but was definitely tried for several different times within this p. It was hard to create any change just because of the separation between the North and the South. All in all, the sectionalism wasn’t slaughtered in anyway or banished, except it was just dragged on for many, many years and still happens in everyday life within different concepts of the world.

Slavery in Arkansas, formerly a minor institution in the Franco-Spanish settlements that controlled the region prior to the 19th century, grew rapidly as it became part of the United States with the Louisiana Purchase in 1803, organized into Arkansas Territory in 1819, and admitted as a state in 1836. Orville W. Taylor notes that “slavery in Arkansas grew as long as it survived. The rate of growth from 1820 to 1850 was far greater than that of any other territory or state, and from 1850 to 1860 was surpassed only by that of Texas.”[footnoteRef:1] One factor that affected the rise of slavery in the Southern state was the increasing profitability of the cotton industry, the staple product of the Southern plantation system, which increased the number of slaves in Arkansas to around 25% of the state’s population by 1860.[footnoteRef:2] The presence and later massive growth of Arkansas’ slave population resulted in the development of a unique relationship between slaveowners and their slaves.

Both slave and slave owner were required to fulfill several responsibilities to one another, creating an odd semblance of a symbiotic relationship between the two groups; however, this relationship was always unequal as the slaves were burdened with several legal provisions that restricted their daily activities. While slave owners were required to provide for the physical needs of their slaves (clothing, housing, food, etc.), such provisions were not always ample and were truly given to keep their slaves healthy enough to continue working.[footnoteRef:3] Slaves were expected to perform the tasks assigned to them by their owner or by their “overseer” or “slave driver,” either a white man or black slave whose purpose was to ensure that slaves fulfilled their agricultural work quotas and to punish those who did not cooperate.

Restrictions like the Black Code (Code Noir in French), which was inherited from the French Louisianan administration, prevented slaves from engaging “in contractual relations for labor, business, or even marriage. The owner, on the other hand, could dispose of slaves just like any other asset, including hiring them out, selling them, or even sending children away from their parents.”[footnoteRef:4] Further restrictions prevented them from assembling, wielding firearms, travelling, and doing normal everyday activities.[footnoteRef:5] With harsh repercussions awaiting those that tried to rebel or violate slave codes, slaves frequently expressed opposition to slavery by engaging in “passive resistance” against their owners. Slaves who tried to hamper the cotton industry “slowed the pace of work, faked or exaggerated illnesses, and pretended not to understand instructions… Although these types of indirect resistance to slavery did not overthrow the power of masters as a group, such activity did assist slaves in coping with and surviving the regime.”[footnoteRef:6]

With a thriving cotton industry, slaves in Arkansas were primarily concentrated in large plantations in the lowlands of the Arkansas Delta; however, some slaves (particularly female slaves) operated within their master’s household. It is within this context that instances of harsh punishment and even sexual harassment against slaves occurred. Sexual interaction – occasionally consensual but frequently not – between slaveowners and slaves (miscegenation) present an interesting facet in the owner-slave relationship. In the case of Elisha Worthington, Arkansas’ largest landowner with 543 recorded slaves in 1860, he recognized and raised two of his slave-born children. Such acts, while uncommon, prove the active (or intimate) involvement of plantation owners with their slaves’ lives, with miscegenation being “the most extreme example of the complex series of relationships between white masters and black slaves.”[footnoteRef:7]

Religion was a major factor in influencing Southern pro-slavery attitudes and propagating Biblical myths that supposedly justified the institution of slavery to both whites and blacks, with the latter even being slightly integrated into Baptist and Methodist services; however, attempts at integration were primarily to convince black slaves of their subordinate status and their Scriptural need to obey their masters and work efficiently on the plantation. While their white owners were certainly paternalistic and convinced of the inferiority of the African race, Taylor claims that some Baptist churches achieved some semblance of an “idealistic equality before God” and even ordained black slaves as preachers; however, they were usually relegated to preaching in black-only services.[footnoteRef:8] The prevalence of Christianity in Arkansas occasionally worked to the slaves’ benefit, as some slave masters refused to enact harsh punishment upon their slaves as a result of their personal beliefs.[footnoteRef:9] With Protestant Christianity dominating much of Arkansan culture, organized religion was fundamental in cementing slavery and the owner-slave relationship in Southern life.

With the Emancipation Proclamation and end of the American Civil War in 1865, African Americans were finally liberated from the bonds of slavery and could now condemn the vile institution without (legal) repercussive punishment; however, their ability to do so was often limited because their former owners, who often retained their plantations after the war, continued to dominate the agricultural sector in Arkansas and were thus able to keep their former slaves economically dependent upon them. Fear of violence or unemployment prevented many African Americans from revealing the truth of their slave experiences to interviewers in subsequent years. This resulted in a “slave narrative” that kept many of the harsher characteristics of their former servitude from being revealed to reporters and the public at large, culminating in “a generally benevolent judgment of their own masters with a harsh condemnation of neighboring slave owners and of the institution in general.”[footnoteRef:10] Whether the relationship between slave and master was benevolent or not, it did not justify the continuation nor the expansion of the “peculiar institution” in the United States.

Bibliography:

[bookmark: _Hlk43923584]Jones, Kelly H. “Slave Resistance.” Encyclopedia of Arkansas. Last modified January 7, 2019. https://encyclopediaofarkansas.net/entries/slave-resistance-7653/.
Moneyhon, Carl H. “Slavery.” Encyclopedia of Arkansas. Last modified February 10, 2020. https://encyclopediaofarkansas.net/entries/slavery-1275/.
Taylor, Orville W. “Baptists and Slavery in Arkansas: Relationships and Attitudes.” The Arkansas Historical Quarterly 38, no. 3 (1979): 199–226.
Whayne, Jeannie M., Thomas A. DeBlack, George Sabo III, and Morris S. Arnold. Arkansas: A Narrative History. 2nd ed. Fayetteville: The University of Arkansas Press, 2013.

New Orleans boasts a large than life culture, expanding into their death rituals. From their location to its people, the Jazz City is certainly one of the most unique places in America. Within their death rituals is influence from several cultures as well as an alternative available from the Judeo-Christian funeral services found throughout the country. The psychological impact of death is also adjusted due to the style of mourning done in New Orleans, but is a clear fit for the people and particular culture.

New Orleans is well known for its mixture of culture and overabundance of music and celebrations. In approaching death, the city in Louisiana uses the same approach they would in any circumstance; they throw a party. Founded in 1718 by French colonists, New Orleans became part of the United States in 1803 with the Louisiana Purchase. With an influx of slavery, including African and Caribbean nationalities, New Orleans began to boom culturally but had more than its fair share of experiences with death. Since its founding, New Orleans has faced hurricanes and other natural disasters making death a common occurrence. A few years after being settled, a hurricane almost wiped out the colony and since then the grim reaper has made it a regular stomping ground.

In coping with death, the settlers drew upon various needs from the vast cultural riches of the people being brought to New Orleans. Mixing practices from voodoo, which is still practiced there today, as well as from the aristocratic air of the French, New Orleans almost seems like a world apart from the “typical” American city. Since New Orleans is also a major port, it’s allowed for further exchange of culture and goods funneling into the often calmer waters of the Gulf of Mexico. With West African, Caribbean and French influences, the death rituals found in New Orleans are as diverse and flavorful and the restaurant district’s famous menus.

Early settlers faced some challenges with burials. With a high water table, the area doesn’t allow for deep burial without filling the hole and causing the casket to actually float. As seen in the Caribbean where there are similar issues, the inhabitants opted for above ground tombstones. Certainly using the influence of the transplanted populous, the streets weren’t flooded with the dead as would have been the case if settlers had used the common burial practices throughout America. These tombstones are often made of stone or concrete, alleviating issues with wooden parasites. The rows of above ground structures mimicked small buildings, with some having ornate decoration. These graveyards are often referred to as “Cities of the Dead” with tours available that point out some of the more notable gravesites (Experience New Orleans, 1999).

Haitians were among the transplanted slaves from the Caribbean placed in New Orleans. Their Voodoo practices found their way into the main culture including the belief that celebrating after death pleases the spirits who protect the dead. For the remainder of the inhabitants- superstitious or not, the celebrations became the social norm and a funeral style quickly emerged which joined several cultures. African slaves also brought their call-and-response style of music and chant along with drums and dancing as part of their funeral rights. Music being such an important part of the region was largely propelled with the jazz movement which became deeply incorporated with the funeral rites as the main catalyst for musical style (Burns, 2001.)

The Jazz Funeral is perhaps one of the most iconic experiences for the city. While death it typically difficult for any culture, these funerals offer a balance between grief and joy as mourners are lead by a marching band. Sorrowful music is played as the group makes their way to the gravesite, allowing people their time to mourn in the way most do in America. Upon burial, an upbeat tempo takes over and cathartic dancing is often included. This celebration of life occurs rather than a solemn procession seen in many American death rituals, making it unsavory to some around the country. Using the eclectic jazz music popularized in the area, a band leader takes a parade of loved ones and attendees through the streets. What some would consider parade attire, the decked out band blasts happy jazz tunes while the travelers make their way from gravesite. The intention is to help the deceased find their way to heaven while celebrating their release from Earthly bonds, which historically included slavery.

In America, this type of funeral was mainly practiced in the deep south by African-Americans, but wasn’t recognized by the Catholic church. This limited the service to black protestants and became the choice among impoverished people and musicians. As the 19th century ended, the movement grew and more people were able to afford the service. With additional social clubs and insurance policies assisting with funeral costs, funerary jazz bands became popularized including the famous Dirty Dozen Brass Band (Funeral Wise, 2018). With horse drawn hearses decorated to the hilt and full parades for pillars in the community, these services remain the cultural norm in New Orleans. Over time, the music has incorporated modern rock and r&b into hymns and gospel with it’s big band jazz flavors. These funerals have gained processions in the thousands and is becoming popular even with those not from the area.

The iconic funeral isn’t limited to any particular race or gender. It’s popularity has resulted in persons from all over the world to have their funerals in New Orleans. Even celebrities not from Louisiana such as Nicolas Cage are opting to be buried in New Orleans to have the full funeral procession (Monteverde, 2017). While space is limited due to size constraints, it appears that those who can afford it are opting for a memorable experience for their loved ones and city dwellers.

Not all of these services are for a single person. In 2006, a large Jazz Funeral was held in memory of the 1,700 persons who lost their life in the devastation of Hurricane Katrina. It was held at the Convention Center where a year earlier, those displaced from their homes sought refuge from the natural disaster (Taylor, 2000). By honoring the people and their native culture, this service was supported by the government with the National Guard lending support and being involved in the procession. Among one of the more recent and certainly largest processions in the region, this funeral service broadcast worldwide gave people an opportunity to see and understand the culture better.

As the “most unique city in America” New Orleans uses its rich music and cultural melting pot in their death rituals. From a woeful walk to the site to a boisterous celebration of life, the quintessential Creole death includes these services. It may not be everyone’s particular cup of tea, but for the people of New Orleans, the Jazz Funeral is iconic and will remain as long as the city stands.

The state of Louisiana has a unique system for boundary law, which merges public domain, metes and bounds, and non-rectangular entities. Public Land system is used in the United States for the purpose of making a system for the Federal lands in the public domain States. The United States created laws for The Public Land System to maintain the three classes of lands: the public domain lands; acquired lands; non-federal or “alienated lands”.

Manual of Surveying Instructions (2009). Louisiana’s boundary law is, therefore, a unique integration of the old world and the new world.
The Public Land States are states that the land was originally designed using the principles of the manual. The acquired lands are “subject to prior rights and confirmation by the Federal Government.” Manual of Surveying Instructions (2009). This is the opposite to alienated land, which are:

• non-Federal lands that have been conveyed out of Federal ownership through valid operation of law. Much of the original public domain has been alienated;
• however, where a Federal interest in the land remains, the lands has been returned to Federal ownership, or the lands has a reversionary interest or is anticipated to be acquired, official survey are used to identify the boundaries.

Manual of Surveying Instructions (2009). The third classification, acquired lands, are non-rectangular entities which include Foreign Land Grants, Homestead entry Surveys, Mineral Claims, Indian Reservations, Military Reservations, and lots.

The United States is mostly comprised of Public Domain States, and therefore most states share the sectionalized land, formed by thirty-six sections. The purpose of making lots in the public land system is to identify remaining federal land which is out the of the rectangular limits after a resurvey, to provide a buffer where junior rights meets senior rights, to provide a legal description of parcel that is not aliquot and to provide for the effect of convergence. Since, the world is round, effect of convergence has to be taken into account because of the square mile sections. The Non-public land states that were not formed by the original public land system include the “original colonies, eighteen eastern states and the District of Columbia”. Manual of Surveying Instructions (2009).

An old system Louisiana has retained, however, is the system of metes and bounds. This Old-World device is “a way of describing land by listing the compass directions and distances of the boundaries.” The system has no guidelines in place on how surveyors should describe, monument or survey the land, giving rise to conflicts between parties asserting ownership where there are gaps and overlaps. An example of a metes and bounds legal description that is describing a parcel of land in Carencro, Louisiana.

That certain parcel of land owned by Carencro Nursing Home, Inc. containing 0.155 acres, situated in Section 35, Township 8 South, Range 4 East, Southwestern Land District, Lafayette Parish, City of Carencro, Louisiana, said parcel being further described as follows: Commencing at the intersection of the northern right of way of Arceneaux Road and the southeastern corner of land owned by PSTEL, LLC, said point hereinafter being known as the Point of Beginning and referred to as P.O.B.;

Thence a bearing of North 00 degrees 07 minutes 20 seconds East a distance of 15.00 feet to a point; Thence a bearing of South 89 degrees 49 minutes 39 seconds East a distance of 449.99 feet to a point; Thence a bearing of South 00 degrees 06 minutes 54 seconds West a distance of 15.00 feet to a point intersecting with the northern right of way of Arceneaux Road; Thence along said right of way a bearing of North 89 degrees 49 minutes 39 seconds West a distance of 450.00 feet to a point, being the Point of Beginning, P.O.B.

The system of Public Domain, conversely attempts to limit litigation by providing guidelines that would eliminate gaps and overlaps. These states follow “a standard rectangular system of describing land existing in the majority of American states.” A description using this system would be “The East ½ if the West ½ of the Southwest ¼ of the Southeast ¼, Section 22, T1S-R2E.” Unlike reading a description under metes and bounds system, the best way to read the legal description under Public Domain is back to front. Writing Legal Descriptions in Conjunction with Survey Boundary Control (1979).

The metes and bounds system and Public Domain system also differentiate in how they are predicated. According to Evidence and Procedures for Boundary Location:
The major legal distinction between the metes-and-bounds system and the GLO system of surveys is the GLO system is predicated on the statute law, while the metes-and-bounds system is predicated on common (case) law.

Public Domain, “which is a statutory system of surveys that was created under federal laws and is usually retraced under state laws.” Evidence and Procedures for Boundary Location (2011). Metes and bounds, however, is based on case law through conflicts from gaps and overlaps in legal descriptions.

The laws that are the basis for the Public Land Surveying System, The Land Ordinance of May 20, 1785 established “on-the-ground monuments”, which shifted the surveying practice of all lands being described by variations of metes and bounds. Manual of Surveying Instructions (2009). This practice of using metes and bounds depended on the legal descriptions of the neighboring parcels. The Public Land System was designed to eliminate overlaps, gaps and description errors by not relying on neighboring parcels.

The Act of May 10, 1800 (2 Stat. 73; 43 U.S.C. 751) makes townships into sections of six hundred and forty acres. While most and generally acreage deficiencies of measurement are located in the north or west exterior of the township, lots and deficiencies can be located anywhere because of convergence and non-rectangular entities.

Before the purchase of Louisiana in 1803, land along the rivers were comprised up French and Spanish land grants. The land grants classified as acquired lands. These grants were measured by private persons using the measurements acknowledged and accepted by the Crown, and conferred by court decree. The French Crown, for example, expressed grants in arpent, an area, which the standard the length was differed in other parts of Louisiana.

Vara also differed in other locations. Since, the measurements differed in other locations using the same type of measurement, gaps and overlaps were easily made. According to Brown’s Boundary Control and Legal Principles, “A large portion of the public domain was made up of the lands acquired from Spain, Mexico, and France by cession or purchase.” The boundary of Louisiana was extended to include supplementary lands, the treaty with Spain in 1819 helped quiet title. According to Evidence and Procedures for

Boundary Location:

Many French grants called for a certain number of arpents (1 arpents equals 191.8 feet, approximately) fronting on a river or bayou and extending back 40 to 80 arpents. Although the frontage on the water was usually definite, the direction and depth was often swampy and unimportant.

United States selected a command in charge of reviewing title rights from France or Spain, soon after the purchase of Louisiana in 1803. According to Evidence and Procedures for Boundary Location:
The original surveys have no error, no person can correct an original survey, except for the agency that created it, area recited in the patents is the least important; boundaries are paramount, the least size of a regular aliquot parcel is forty acres, a quarter-quarter of a section, corners not set, but called for in the law are legal, even though not monumented.

Legal documents, surveys, or witness proof of the right of title that the land has been in their use for longer than ten years. According to Brown’s Boundary Control and Legal Principles:
After these claims were certified to, U.S. deputy surveyors segregated the land from the public domain by survey. In each case, the deputies were instructed to favor the claimant as much as possible and to make every effort to establish lines between claimants to the satisfaction of each.

The clash between Old-World and New-World continued with the Act of February 11, 1805. This law mandates all section lines are to be surveyed and quarter corners created. Specifically, Surveyor General’s corners are fixed, the dimensions of the section lines are fixed, area of a section is unalterable. However, case law has now established that the Government could alter the survey, if private rights will not be altered by the new survey. The position of non-federal Public Landy System parcels cannot be changed. The laws created for The Public Land System helped the government maintain the public domain lands, acquired lands, non-federal or “alienated lands”. Manual of Surveying Instructions (2009).

The boundary of Louisiana was extended to include supplementary lands, the treaty with Spain in 1819 helped quiet title. April 30, 1812, the state of Louisiana became part of the Union (2 Stat. 641 and 701); All records for the public domain are housed in the Division of Administration, which is located at the State Land Office in Baton Rouge. Manual of Surveying Instructions (2009).
According to Brown’s Boundary Control and Legal Principles, “Although Spain owned Louisiana for the greater parts of the preceding time interval, most of the land was acquired by France in accordance with French measurements and customs.

When Louisiana was admitted as state in 112, Napoleonic codes were adopted. Today, Louisiana is somewhat difference from English common-law states. Valid grants and valid possessions made prior to 1803 were surveyed and excluded from the public domain after the Act of 1806. Surveys of the public domain of Louisiana began in earnest after the Act of 1811 under the jurisdiction of two separate principal deputy surveyors; thus, there developed survey differences from the Northwest Territory.”

Since Louisiana, is comprised of two different systems of parceling out land. Many claims, and land litigation have occurred. Mr. McMaster, from the Committee on Military Affairs, submitted a Senate Report from the seventy-first Congress, third session. Department of Military Affairs rightful the owner of the property is the United States including the reservation at the time of its sale to the State of Louisiana.

“Regardless of the nature of the right reserved to the king in the St. Maxent patent of 1763, and whether or not it continued in the United States subsequent to the cession of Louisiana in 1803, confirmation of the title of Bartholomew Lafon in 1812, without reservation, was conclusive as to the United States, and divested it of all interest in the land, and that the entry of the United States in 1822 and its subsequent possession was not in the exercise of a servitude, but was adverse and operated to vest in the Unites States title to the extent of its possession.”

The Senate Committee on Military Affairs wanted to execute a bill in favor of the Motor League of Louisiana, which would quiet the title by using a quitclaim deed. Which would give the all rights, deed and interest of the property once known as Fort Macomb to Motor League of Louisiana. “The Motor League claims the title is founded from a French Government patent, which contained the following phrase, “Reserving moreover to the king all necessary timber for the construction of quartz, magazine and other works repairs to ships whenever necessary, as well as all the necessary land for royal roads and fortifications.” (Senate Report).

Maxent’s title claim, was obtained from the French Government. The Maxent’s claim was confirmed by Congress (sec. 2, act of June 2, 1858, Ch. LXXVI, 11 Stat 294). (Senate Report). As illustrated in the Motor League claim, old land grants are often hard to follow, because loss of records, area discrepancies, and accuracy of title claims.

The Act of Congress must inspect the claims and deliver a verdict on the claims in conjunction with the laws of Spain, the laws of nations and the treaty. (Exposition of the Treaty with Spain) “It is conceived that, according to the mitigated rights of war, as now well understood and settled by international law, the lands of individuals are safe even after conquest: much less can a cession, of itself, destroy private rights. Absolute or perfect grants, it is believed, would be protected by the law of nations, independent of the treaty.” While treaties often were the main way for protection of land grants, other regulations such as the laws of nations also were a factor in land grants reserving the title and interest of the land claim.

The state of Louisiana’s unique system for boundary law, merges public domain, metes and bounds, and non-rectangular entities which recreates historical and land complications. Public Land system is used in most states in the United States for the purpose of describing land. The Public Land System is used to maintain three classes of lands: the public domain lands; acquired lands; non-federal or “alienated lands”. Manual of Surveying Instructions (2009). Louisiana’s boundary law is unique, the old world and the new world becoming an intertwined web to yield the present-day boundary of Louisiana.

The Louisiana Purchase is a large area in North America that the US purchased from France in a treaty signed on April 30, 1803. The Louisiana Territory contained over 2 million square kilometers (800,000 sq mi) of land stretching from the Mississippi River to the Rocky Mountains. Mississippi River to the Rocky mountains. The territory included the modern states of Arkansas, Missouri, Iowa, Minnesota west of the Mississippi River, North Dakota, South Dakota, Nebraska, Oklahoma, most of Kansas, parts of Montana, Wyoming, and Colorado east of the Rocky Mountain, and Louisiana west of the Mississippi River but including New Orleans.

The price was 60 million francs, about $15 million, $11,250,000 was to be paid directly, with the balance to be covered by the assumption by the United States of French debts to American citizens. In 1762, France had ceded Louisiana to Spain, but by the secret Treaty of San Ildefonso, (1800) the French had regained the area. Napoleon Bonaparte (the future Emperor Napoleon I) envisioned a great French empire in the New World, and he hoped to use the Mississippi Valley as a food and trade center to supply the island of Hipia, which was to be the heart of this empire.

First, however, he had to restore French control of Hipia, where Haitian slaves under Toussaint L’Ouverture had seized power (1801). In 1802, a large army sent by Napoleon under his brother-in-law, Charles Leclerc, arrived on the island to suppress the Haitian rebellion. Also in 1802, two acts were committed that President Thomas Jefferson, who was concerned about French intentions, regarded as hostile to the interests of the U.S.. French forces were sent to New Orleans and to Santo Domingo, Hipia (now the Dominican Republic), to quell a rebellion there.

The other was the right of deposit, the privilege previously accorded U.S. merchants of depositing goods at New Orleans pending transshipment, was withdrawn. Jefferson thereupon sent the American statesman James Monroe to Paris to aid the American minister to France, Robert R. Livingston, in an attempt to affect one of four possible plans advantageous to the U.S.

The plans are to purchase of eastern and western Florida and New Orleans; the purchase of New Orleans alone; the purchase of land on the eastern bank of the Mississippi River to build an American port; or the acquisition of perpetual rights of navigation and deposit. Despite some military success, the French lost thousands of soldiers, mainly to yellow fever, and Napoleon soon realized that Hipia must be abandoned. Without that island, he had little use for Louisiana. Facing renewed war with Great Britain, he could not spare troops to defend the territory; he needed funds, moreover, to support his military ventures in Europe.

Accordingly, in April 1803 he offered to sell Louisiana to the United States. The price agreed on was $15 million, of which $11,250,000 was to be paid outright by the U.S. to France. The balance of $3,750,000 was to be paid by the U.S. to its citizens to satisfy their claims against France. When all of this news returned to Jefferson was ecstatic. At one stroke, the United States would double its size, an enormous tract of land would be open to settlement, and the free navigation of the Mississippi would be assured. At the time of purchase, Jefferson was concerned about the constitutionality of making a land acquisition without adding a covering amendment to the U.S. Constitution.

The law of the land, however, did give the president treaty-making power, and Jefferson concluded that the practical benefits to the nation far outweigh the possible violation of the Constitution. The Senate concurred with this decision and voted ratification on Oct. 20, 1803. The Spanish, who had never given up physical possession of Louisiana to the French, did so in a ceremony at New Orleans on Nov. 30, 1803. In a second ceremony, on Dec. 20, 1803, the French turned Louisiana over to the United States. Disputes with Britain and Spain over the boundaries of the purchase took years to resolve.

Some of the other problems that occurred when the land was purchased was what was the government going to do about the Indians and how they lived before this all happened. What America did is practically kicked them out of their homeland little by little. Another problem was how was the land going to be surveyed and checked out. Hiring Merewether Lewis and William Clark to explore the new region solved this.

They in turn hire a Shoseni princess named Sacawagea to guide them on their way. They turn out very successful. To draw to a close, the Louisiana Purchase was an immense piece of land that was a big hit in the United States. The Louisiana Territory contained more than 2 million sq km (800,000 sq mi) of land extending from the Mississippi River to the Rocky Mountains, which doubled our present day land area of that time. It gave us more land to colonize and explore while mainly giving us control of the Mississippi River and New Orleans. Additionally, the Louisiana Purchase stands as the largest area of territory ever added to the U.S. at one time.