This September, we return to the first permanent American settlers in the Boyne region for our Item of the Month post. When John and Harriet Miller moved to what later became Boyne City, they settled in an abandoned cabin in what is now North Boyne. They would later build a new home nearby after the original needed updating. However, this month’s item appears to show more to the story of their settlement in the area.
The document we’ve chosen for the September Item of the Month is a land grant from the Homestead Act of 1862. Signed into law on May 20, 1862, the Homestead Act gave a way for settlers to claim, farm, and eventually own public land. Settlers could file a claim on up to 160 acres of land, and if they lived on and farmed the land for five years, they could apply for a patent to legally own the land. All you needed was two witnesses and a pair of fees totaling $18. This document is one such patent, the 488th issued in the state of Michigan. The land issued in the document, having been occupied for five years, legally now belonged to John Miller.
This is where the story gets a little different from what we expected. The land issued in this document is lot 2 and the southwest corner of the northwest corner of section 32 of township 33 north and range 6 west, coordinates in the Public Land Survey System used by the federal government to sell public land. The problem is that this land is not where we know John and Harriet lived. As seen on the survey map below, the land in this plot (highlighted in yellow) is near Advance, not Boyne City.
Given we know the Millers lived in what became Bay Springs and then North Boyne, this land is not where they lived. However, the Homestead act also required you to live on the plot of land you are claiming. No more than six months’ absence at a time was allowed, so while it is possible the Millers owned and lived at two separate homestead farms, it isn’t very likely. Instead, we turn to a different part of the Miller family’s history.
In one of the more tragic events in Boyne City’s history, one of the Millers’ sons, James, fell through the ice on Lake Charlevoix and drowned. While he was able to throw his watch and ring to shore to help his family find out what happened, they were unable to rescue him. Critically, James was skating home from his fiancée in Advance when the accident happened. Because of this, we can guess the land on this claim would have been intended for James. The Homestead Act allowed for next-of-kin to claim the land in the case of death or incapacitation.
To get more evidence, we decided to check how many land claims under the Homestead Act came under John’s name. Narrowing it down to the Traverse City land office which Charlevoix County fell under, two claims appeared. One was the patent claim we have, and the other was for land precisely where John and Harriet lived. Because of this, we believe the land from our certificate was on James Miller’s claim, and it was granted to John instead as next-of-kin.
We also learned one other thing about the patent certificate – what we thought was a copy is original to 1870. In the pictures at the top of the post, you may have noticed a handwritten note on the back. That note was written by Charlevoix County Register Adelbert R. Upright, noting the deed was received for record on June 30, 1879, nine years after it was granted. Another stamped record in the top left corner of the document suggests this was a routine process that happened about every ten years.
Transcriptions of the front and back of the document are provided below for your convenience.
Front
The United States of America
To all to whom these presents shall come, Greeting:
Homestead Certificate No. 488
APPLICATION 1143
Whereas, there has been deposited in the General Land Office of the United States, a CERTIFICATE of the REGISTER OF THE LAND OFFICE at Traverse City, Michigan, whereby it appears that pursuant to the Act of Congress approved 20th May, 1862, “To secure Homesteads to actual Settlers on the public domain,” and the acts supplement thereto, the claim of John Miller has been established and duly consummated in conformity to the law for the lot numbered two, and the south west quarter of the north west fractional quarter of section thirty two in township thirty three north of range six west, in the district of lands subject to sale at Traverse City, Michigan, containing seventy eight acres and fifty eight hundredths of an acre according to the Official Plat of the survey of said Land secured to the GENERAL LAND OFFICE by the SURVEYOR GENERAL.
Now know ye, That there is therefore granted by the UNITED STATES unto the said John Miller the tract of Land above described: To Have and to Hold the said tract of Land, with the appurtenances thereof, unto the said John Miller, and to his heirs and assigns forever.
In testimony whereof, I, Ulysses S. Grant, President of the United States of America, have caused these Letters to be made Patent, and the Seal of the General Land Office to be hereunto affixed.
Given under my hand, at the CITY OF WASHINGTON, the twenty fifth day of November, in the year of our Lord one thousand eight hundred and seventy, and of the INDEPENDENCE OF THE UNITED STATES the ninety fifth.
By the President: U. S. Grant
By J Pamik, Sec’y
RECORDED, Vol. 1, Page 490} M Granger, Recorder of the General Land Office
Back
United States
to
John Miller
Bay Springs
Register’s Office
Charlevoix County
Received for record the
30th day of June A.D.
1879, at 3 o’clock O.M.
and recorded in Liber
C of Deeds on Page 357.
A R Upright
Register
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