This rectangular system of survey had been developed in New England to overcome formidable difficulties greater than those which the national government would be likely to encounter. Massachusetts in 1634, desiring to promote the peaceful settlement of the best lands and at the same time to encourage the settlement of the less attractive areas, authorized small grants of land to individuals and to groups. These grants were in the form of "towns." They were surveyed, and were regarded as colonies. When the towns were extended into the broad interior, it was found to be feasible to make the grants in blocks of six-mile squares. The first grant in this form was Marlborough, made in 1656. Finally this town of thirty-six square miles became the regular unit of grant throughout the New England colonies. In 1749 Governor Wentworth of New Hampshire authorized such a survey of Bennington, regardless of the topography. Thirty-six years later the principle was endorsed by Rufus Putnam, James Monroe, and others as well as by Thomas Jefferson. 12

It is not universally agreed, however, that Jefferson got his own particular decimal system of survey from New Eng

12 The origin of the rectangular system of surveying has been a much controverted subject. Valuable bibliography is contained in Whittlesey, Origin of the American system of land surveys, Journal of the Association of Engineering Societies, vol. III, No. 10, pp. 275-280 (1884). See also Truesdell, The rectangular system of surveying, Ibid., vol. XLI, No. 5, pp. 207-230 (1908).

land. Since a similar plan was used by the surveyors of ancient Rome, and since a plan similar to the Roman prevailed in Holland, it is thought that the idea was imported from Holland through Simeon De Witt, who had been the geographer-in-chief of the Army, had surveyed a part of New York state on a rectangular plan, had asked Congress for aid in publishing his maps, and had graduated from Rutgers College where a considerable amount of Dutch scientific data was accumulated.

The results of the act of 1785 were gratifying.13 In 1787 Jefferson wrote "I am very much pleased that our western lands sell so successful. I turn to this precious resource as that which will in every event liberate us from our domestic debt, and perhaps, too, from our foreign one." 14 On July 27, 1787 Congress confirmed the sale of 822,900 acres to the Ohio Company. Another sale of 248,540 acres was made to John Cleves Symmes of New Jersey. It was patented by President Washington on September 30, 1794 and countersigned by Edmund Randolph.15

Smaller transactions than these were to be made, and more administrative machinery was needed. Thousands of settlers had already taken vacant lands and were waiting for the legal disposal of it. On July 22, 1789 Congress entertained a resolution to the effect that "an act of Congress ought to pass for establishing a Land Office, and for regulating the terms and manner of granting vacant and unappropriated lands, the property of the United States: That the said office be under the superintendence of the Governor of the Western Territory.16 A few days later Congressman Thomas Scott of Pennsylvania introduced a bill for this purpose, but it was never enacted. When the Department of the Treasury was

13 Three subsequent decades are reviewed in detail in Treat, The national land system, 1785-1820.

14 Hart, The disposition of our public lands, Quarterly Journal of Economics, vol. I, p. 174.

15

47 Cong. 2 sess., H. misc. doc. 45, pp. 197-198.

16 Cong., H. Journal, vol. 1, p. 64.

created on September 2, 1789 (1 Stat. L., 65), the Secretary of the Treasury was required to "execute such services relative to the sale of the land belonging to the United States" as might be required of him by law.

In the provinces of Louisiana and Florida, Governor Estevan Miro offered liberal donations of land in 1789 to immigrants. This land was to be apportioned according to the number of laborers in the families, but all settlers were required to swear allegiance to Spain. "This proclamation came at a time when the West was divided in opinion as to whether to make war upon Spain for her closure of the Mississippi or to secede from the United States and become a part of Spain. It tended to continue the emigration from the Illinois country to Spanish territory for public land was not yet for sale in Illinois."

" 17

Eventually the Secretary of the Treasury, Alexander Hamilton, was asked by the House of Representatives to make some plan "for the uniform disposal of the public lands." On July 22, 1790 he communicated his report observing that there were two particular objects to consider:

One, the facility of advantageous sales, according to the probable course of purchases; the other the accommodation of individuals now inhabiting the western country, or who may hereafter emigrate thither. The former, as an operator of finance, claims primary attention; the latter is important as it relates to the satisfaction of the inhabitants of the western country. It is desirable, and does not appear impracticable, to conciliate both. Purchasers may be contemplated in three classes: moneyed individuals and companies who will buy to sell again; associations of persons who intend to make settlements themselves: single persons or families, now resident în the western country, or who may emigrate thither hereafter.18 This condition, he thought, "seems to require that one office, subordinate to that at the seat of Congress, should be opened

17 Boggess, p. 71. This thesis outlines early Indian cessions and land sales in the Northwest, and the development of the offices of Register and Receiver in that region.

18

8 47 Cong. 2 sess., H. misc. doc. 45, pt. 4, pp. 198–199,

in the northwestern, and another in the southwestern government. Each of these officers, as well the general one as the subordinate ones, it is conceived, may be placed with convenience under the superintendence of three commissioners."

Because of the difficulty in any regulation of legislation of the many details of administration, Hamilton suggested to Congress that there be vested "a considerable latitude of discretion" in the Commissioner of the General Land Office, subject to certain limitations so that "the Commissioner of each subordinate office shall have the management of all sales, and the issuing of warrants for all locations, in the tracts to be set apart for the accommodation of individual settlers, subject to the superintendency of the Commissioner of the General Land Office, who may also commit to them the management of any other sales or locations which it may be found expedient to place under the direction." Furthermore, he recommended that "there shall be a surveyor-general, who shall have power to appoint a deputy surveyor-general in each of the western governments, and a competent number of deputy surveyors to execute in person all warrants to them directed by the surveyor-general" who "shall also have in charge all the duties committed to the geographer-general" by the previous acts of Congress. The Treasurer of the United States "shall be the receiver of all payments for sales made at the General Land Office" and certain moneys.

Hamilton's plan could not immediately win sufficient endorsement, but it was a great step toward success. On January 4, 1791 the House of Representatives, in Committee of the Whole, resolved that it was expedient to establish a General Land Office. This resolution embodied many of Hamilton's ideas. There were to be two subordinate land offices. "one in the government northwest of the Ohio, and the other in the government south of the Ohio." 19 All contracts for land above a certain number of acres were to be made at the General Land Office. The "Seven Ranges" which had already 19 1 Cong., H. Journal, vol. 1, p. 346.

been surveyed were to be sold at thirty cents an acre. The local land offices were to have the management of all the sales subject to the supervision of the General Land Office. A surveyor-general was to appoint a deputy in each of the western governments and a sufficient number of deputy surveyors. The treasurer of the United States was to be the receiver of all payments for sales made at the General Land Office, and the secretary of each of the western governments was to be the receiver of all payments of sales at his office.

Ten days later a House bill was introduced "to establish offices for the purpose of granting lands within the territories of the United States." 20 On February 16, 1791 a similar bill was introduced in the Senate. Although neither bill was enacted, each helped to precipitate the movement which was to culminate in such enactment.

A real advance was made toward creating the General Land Office somewhat on the Hamiltonian plan in the act of May 18, 1796 (1 Stat. L., 464). This law gave the Secretary of the Treasury definite duties, such as keeping plats of surveys and check books of sales, announcing sales, and issuing patents. It provided for a receiver of public moneys in the Northwest Territory, with local officers to aid in the registration and clerical functions. The Geographer was succeeded by a Surveyor-General, who was required to proceed at once to the survey of the lands northwest of the Ohio River. The rectangular system was to be used, with the numbering arrangement as illustrated in the diagram given on page 9. To aid him he was authorized "to engage a sufficient number of skillful surveyors." In respect to his surveys he was to be practically independent of any other department of the government. was to send the officers in charge of sales, descriptions of the surveyed lands. Plats of townships were kept by him. For public information copies of these plats were to be kept open at his office as well as at the places of sale. He was a real executive power, notwithstanding the relative duties of the 201 Cong. 3 sess., H. Journal, p. 270.

He