Translating Property: The Maxwell Land Grant and the Conflict over Land in the American West, 1840-1

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Law and order, ltd. There have been repeated applications for small parcels of it. There are a few families on it, who pay rent enough to cancel the demands for taxes and for the fees of my Agent, Judge Wm.

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Underwood of the said County of Tyler. The land is so far from me, that I cannot make judicious and profitable sales of it. I have thought, very frequently within the last few weeks, as it is not more than some two hundred miles from the Oberlin Collegiate Institute - as this Institute makes good use of the property given to it - and as it is in great need of more property - that I could not do better with this tract of land than to give it to the Institute. I take additional pleasure in making this gift from the fact that the American Education Society has proscribed Oberlin Institute, as well as Oneida Institute - and that you are now under greater need than ever of the liberality of your friends.

Most of these Lots will be unsaleable for many years - a few of them could probably be sold soon for one or two dollars per acre. I presume the Institute is incorporated.

Let me know what must be the name or style of the party of the second part in the Deed. This gift may be, to a great extent, if not entirely unavailable for several years, I am aware, that you are in present need - and I therefore add to the gift two thousand dollars in money.

Your draught on me for two thousand dollars payable 1st February next at the Bank of Utica let it be written by Br. Mahan and signed by both of you will be accepted by me.

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Smith's reference in his letter of gift to the older title and the possibility of a dispute was a masterly understatement. Actual settlers had built their cabins on nearly every section of the 20, acre tract, and there were really few surveys that were not disputed in some way. Some were "squatters," others had a shadow of title derived from the so-called "corn right" and even from older land warrants. But all in all, aside from the difficulty with settlers, the cost of holding the property was not excessive.

Originally surveyed as a part of Ohio County, it passed into Tyler when that County was formed in When transferred into Doddridge on the organization of that county in , the land continued at the same rate of assessment of 25 cents per acre. But, at that Oberlin paid no less than other landowners in the county.

When Trustee Owen Brown heard of the gift of land, he was highly pleased. Smiths land and think it would be best if it should be explored this fall and bring it into publick view as soon as possible that it may be soon in use. But it is highly probable that the later negotiations with the College came about through the suggestion of Owen Brown. It is probable, too, that the gift of land brought the name of Gerrit Smith to John Brown's attention, but he was destined in later years to play a big part in the younger man's affairs.

Brown became an intimate at his baronial home at Peterboro, New York; Smith furnished money for both the Kansas and Harper's Ferry interludes, and it was from Smith that John Brown obtained the North Elba, New York, homestead, by purchase and by gift of Boston friends.

It is there that John Brown is buried. On April 2, , - nearly a full year after the letter of gift - John Brown was at Oberlin in conference with the Prudential Committee of the College. After some discussion he made a proposal in writing:. In negotiating in regard to the Virginia lands or any investigation to be made in regard to the title or boundary of those lands I wish to be perfectly frank. I wish to see those lands with a particular view to settle my family on them if I can find encouragement sufficient to justify me in so doing, and in offering my service as a surveyor, am not induced to do it for the sake of getting employment or wages.

If you are disposed to send me I will charge you but one dollar pr day with the addition of a moderate allowance for such expense as shall of necessity be incurred. If I should settle my family on those lands I believe I could be the means of rendering them a source of allmost immediate income to your institution, and believe the institution can well afford to be quite liberal towards a family like my own who should go to commence a settlement uppon them. The business we now follow is mainly wool growing in which branch I have been hitherto prosperous.

On the following day, after further negotiations, the proposal was accepted and John Brown, as agent, was authorized by a formal power of attorney "to enter upon, explore and occupy, a certain tract of land in the County of Tyler in the state of Virginia. On the day this document was signed Secretary Burnell hastened to advise Trustee Owen Brown of the action taken.

There was wishful thinking in the final paragraph of the letter: From the day he set out from Franklin Mills on April 14, every item of expense was noted in this little book, down to the one-half cents. Making his headquarters at the home of 'Squire William Underwood at Ripley Mills, now Alma, Tyler County , Brown ranged over the country, inspected the several tracts of land, and made some few notes in his pocket book. He was pleased with the prospect, especially with a home site on Big Battle, but was rather disgusted with the careless living and lack of enterprise of the Virginians.

From the home of Squire Underwood, he wrote his wife an encouraging letter - as this letter has never been printed in its entirety, it seems rather worth while to reproduce it:.

I arrived on the 17th at this place. Have made some progress in my business, but do not now expect to get through before the 8 or 9 of May. I do not find the season so far forward as I expected compared with our Ohio country but to enable you to compare a little I would say that some have planted their corn more than a week since.

They have so little idea of moveing off anything they have to sell, or of going away for anything they kneed to buy, that their Merchants extort uppon them prodigiously. I think we might be verry useful to them on many accounts, were we so disposed. The pocket memorandum book containing Brown's brief field notes fortunately has been preserved in the treasures of Boston Public Library.

From that source we get a scant view of the scope of his activities and the names of a few of the settlers who disputed the right of Oberlin to take their lands. However, Brown had reversed his position from that taken in when he went among the settlers in Crawford and Erie Counties, Pennsylvania, living on similarly disputed lands.

He urged them to hold fast, that their actual settlement would overbalance any claim that could be brought forward by the claimants under a Pennsylvania State warrant. The first field note entry in the memorandum book is dated April 17, Underwood says the bounds of the Leatherman claim have not yet been found nor does he believe they ever can be. May 11th Found on Israels Fork good bottom, good timber. Jackson Hughs offers 1. Homer Williams offers Gideon Roberts offers In his field notes, John Brown dwells on the location on Big Battle where, reverting to the pioneer custom, of "blazing" a tree with a tomahawk to indicate ownership, he carved his name on a great white oak.

Years later Virgil A. Lewis, distinguished West Virginia educator and historian, made an effort to find the tree. His interest was aroused by Wendell Phillips Garrison, son of William Lloyd Garrison who then owned the memorandum book containing the notation.

Lewis replied to the inquiry under date of March 4, It is in Doddridge County. I go to West Union - its seat of justice - in a few weeks, when I shall make inquiry and cause a search to be made for the historic tree. Then I shall write you the result thereof. Lewis was successful in his quest.

Though Brown returned to his Ohio home on May 17th, it was not until July 14th that he got around to making a formal report of his findings to the Prudential Committee of Oberlin.

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On that day the minutes of the Committee say briefly that "the report of John Brown, respecting his agency in Virginia and examination of the Smith donation of land, was read by the Secretary and deferred. Unfortunately the formal report has been lost. But Brown's request for remuneration for his services presented to the Committee on the same day has been preserved:.

Are the Prudential Committee, or the Trustees of the Oberlin Collegiate Institute disposed to allow John Brown of Hudson and his family twelve persons in all one thousand acres of their Virginia lands for an actual settlement uppon those lands by said family, and a commission of five pr cent for attending regularly to the payment of such taxes as may be levied uppon them after being provided with the means, and for the further consideration of twenty-nine days service heretofore rendered.

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The Prudential Committee was disposed to grant the request for 1, acres and to name John Brown as agent on the property, but they took some time to deliberate. It was not until late in August that the Trustees authorized the Prudential Committee to "convey by deed to Bro. He was dickering with Heman Oviatt about a partnership in a sheep farm and tannery at Richfield, not far from Hudson. It was not until the first of the new year that he found time to reply.

Dr Sr - A few days since I saw your letter to my Father dated 20th October in which you alude to our negociations about the Virginia land. I should have written you before but my time has been completely taken up, and owing to a variety of circumstances I have sometimes allmost given up the idea of going to the south at all; but after long reflection and consultation about it I feel prepared to say definitely that I expect Providence willing to accept the proposal of your Board, and that I shall want everything understood and arranged as nearly as may be, for my removal in the next Spring.

I would here say that I shall expect to receive a thousand acres of land in a body that will includ a living spring of water dischargeing itself at a heighth sufficient to accomodate a tanery as I shall expect to pursue that business on a small scale if I go. It is my regular occupation. I mentioned several such springs in my report, but found them verry scarce.

Please write me anything about the matter as you see cause, directing to Hudson. Brown's proposal seems fair enough. The burden of compliance shifted to Oberlin, where the spectre of debt had again reared its ugly head. Times were bad and money tight - liberal sponsors of the struggling young college had been caught in the pinch. There was not only retrenchment in their giving, but at least one called for repayment of what was then a very considerable amount of money for a loan advanced in better times.

Later, Tappan himself fell upon evil days and had a difficult time to maintain his own credit and to save himself from bankruptcy.

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