Friday, May 20, 2011

Land Ordinance of 1785

Today marks a significant date in U.S.and in surveying history:
The Land Ordinance of 1785 was adopted by the United States Congress on May 20, 1785. Under the Articles of Confederation, Congress did not have the power to raise revenue by direct taxation of the inhabitants of the United States. Therefore, the immediate goal of the ordinance was to raise money through the sale of land in the largely unmapped territory west of the original states acquired at the 1783 (Treaty of Paris) after the end of the Revolutionary War. Over three-fourths of the area of the continental United States ultimately came under the rectangular survey. This was important because it provided easily recognized land descriptions, which in turn contributed enormously to the orderly and largely peaceful occupation of the land. The rectangular survey also provided the units within which economic, political, and social development took place.
The Ordinance of 1784 was a resolution written by Thomas Jefferson (delegate from Virginia) calling for Congress to take action. The land west of the Appalachian Mountains, north of the Ohio River and east of the Mississippi River was to be divided into ten separate states. However, the 1784 resolution did not define the mechanism by which the land would become states, or how the territories would be governed or settled before they became states. The Ordinance of 1785 put the 1784 resolution in operation by providing a mechanism for selling and settling the land, while the Northwest Ordinance of 1787 addressed political needs.
The 1785 ordinance laid the foundations of land policy until passage of the Homestead Act in 1862. The Land Ordinance established the basis for the Public Land Survey System. The initial surveying was performed by Thomas Hutchins. After he died in 1789, responsibility for surveying was transferred to the Surveyor General. Land was to be systematically surveyed into square townships, six miles (9.656 km) on a side. Each of these townships were sub-divided into thirty-six sections of one square mile (2.59 km²) or 640 acres. These sections could then be further subdivided for re-sale by settlers and land speculators.
The ordinance was also significant for establishing a mechanism for funding public education. Section 16 in each township was reserved for the maintenance of public schools. Many schools today are still located in section sixteen of their respective townships, although a great many of the school sections were sold to raise money for public education. In later States, section 36 of each township was also designated as a "school section".
Knepper notes: “Sections number 8, 11, 26, and 29 in every township were reserved for future sale by the federal government when, it was hoped, they would bring higher prices because of developed land around them. Congress also reserved one third part of all gold, silver, lead, and copper mines to its own use, a bit of wishful thinking as regards Ohio lands.” The ordinance also said “That three townships adjacent to Lake Erie be reserved, to be hereafter disposed of by Congress, for the use of the officers, men, and others, refugees from Canada, and the refugees from Nova Scotia, who are or may be entitled to grants of land under resolutions of Congress now existing.“ This was not possible, as the area next to Lake Erie was property of Connecticut, so the Canadians had to wait until the establishment of the Refugee Tract in 1798.
The Point of Beginning for the 1785 survey was where Ohio (as the easternmost part of the Northwest Territory), Pennsylvania and Virginia (now West Virginia) met, on the north shore of the Ohio River near East Liverpool, Ohio. There is a historical marker just north of the site, at the state line where Ohio State Route 39 becomes Pennsylvania Route 68.
Thanks to this Act, plane passengers can look down at the nearly perfect one mile squares which cover the nation's landscape.  It set up the 6 mile by 6 mile survey township. It also gave us the Section, Township, Range system of identifying every parcel of property in the Public Land Survey System.  It also greatly simplified the complex and nearly indefinable system of metes and bounds descriptions, which allowed surveyors to separate out the best land for themselves and their favored clients.  Later, the Act of May 18, 1796 altered the numbering system for sections in townships, and only two surveys in Ohio were conducted under the numbering system of 1785:
The Land Ordinance of May 20, 1785, allowed for the subdivision of government lands, and the subsequent sale of those lands which brought about the largest number of freeholders of property in the history of the world.  It is one of the greatest legacies of the United States.

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