As I’ve stated before, the hunger for land was a prime reason for the settlement of Missouri. Two of the main factors that frustrated settlers’ ability to gain clear title to federal land were New Madrid claims and the issue of preemption.
The New Madrid earthquakes of 1811 to 1812 damaged much Bootheel land. Settlers losing their land complained to Congress, resulting in passage of a relief act in 1815. Claimants could swear they had lost use of land due to the earthquakes along with supporting testimony from witnesses. Successful claimants received a certificate for comparable acreage redeemable in the public domain. While some legitimate claimants used this process, many cases of fraud occurred. Speculators also purchased the certificates, and redeemed them in rich land along the Missouri River in central Missouri. Most were still outstanding at statehood and conveyed uncertainty to selection of federal land. Lawsuits related to these claims continued for nearly 30 years after statehood.
Federal land surveys could not keep pace with the influx of settlers, and many improved land while unable to get clear title. Such squatters agitated for pre-emption rights, desiring first option on the land they had improved once federal surveys covered their area. Congress passed the first preemption act affecting Missouri in 1814, requiring testimony from the claimant and witnesses. Claimants offered testimony related to the 1814 act for Southeast Missouri in 1821 at the Jackson Land Office. The act only related to settlement before April 12, 1814, so Congress made no provision for later settlers. Thus, the difficulties in obtaining title via preemption continued through several federal laws until a comprehensive act passed in 1841.
