Using Earth Point to Find Your Ancestor's Land

As I was catching up on my vicarious attendance at FGS2012 blog reading this morning, Shelley at A Sense of Family mentioned attending an FGS session given by Jane Halderman (“From Land Records to Google Earth: Mapping Your Family’s Place”).  During this session,  Earth Point was demonstrated using the township and range from land records or deeds to "fly" to the land identified with Google Earth.


It sounded pretty neat, so I thought I'd give it a go.


I had low expectations -- not because I have doubts about the website or its creators, but because my ancestor's land is in South Dakota and historically it's one of the last states to be included in anything -- but I was pleasantly surprised when I plugged in my numbers.


First, I located the section used to convert township and range to longitude and latitude.  I plugged in the requested information, which I obtained from the land records of my 2nd great grandfather, Joseph Zenophile Lanctot (my blog review can be found here):

After you input the information, you have two options: you can view the conversion data, which looks like this:

or you can "fly" to the location on Google Earth.  The image you receive will show a pin with the section number on it, indicating the area of the land.  

From the records, I knew Zeno's land was in the northwest quarter of section 13.  I'm sure it has changed somewhat since 1885, but I feel pretty confident that the placement of the house and farm is the same.


Some things that should be mentioned about the website are: (1) some states have limited BLM coverage.  Whether this means that Google Earth won't fly there, or if Earth Point can't convert to long/lat, I don't know.  Check the list of states on the website and see if it applies to you.  (2) Earth Point is a subscription site, but only the enhanced features are restricted.  The conversion tools work without a subscription (I do not have one).  However, without a subscription, you will receive a popup message every 10 minutes of use when you are viewing in Google Earth.  I did not encounter the popup message because I was not using the image for longer than 10 minutes, so I cannot attest to how annoying it may be.  


The subscriptions appear to be around $50 per year, but discounts are offered for multiple users (might be beneficial for a society to check into this as a perk of membership).  There is also another option for more infrequent users, which is to deposit funds into a pre-paid account and the costs are deducted as you use the service.


I only played with it for a few minutes, but it seems like it would be a neat tool to keep in your toolbox!


The FGS sessions are being recorded and will be available on CD and MP3 sometime after the conference at Fleetwood Onsite.  I'm definitely putting this one on my list.

Joseph Zenophile Lanctot Land Records - Part 11

See previous posts here.


This is the 11th and final installment of this Land Records Series for my 2nd great grandfather.    I must say, I'm going to miss it a little bit.  However, the wealth of information I have gained from posting these records to my blog is ... well, priceless.  I really think that had I not transcribed these documents word-for-word, there are a lot of details I might have missed.  That would have been tragic.


I'm not really sure what this last document is.  It appears to be a cover of some sort for the land record file, but I can't be sure.  It consists of 4 small pages, and I'm really only assuming they all go together.  In any case, here they are:


=======================

Cr. Book, Vol. 4
Page 474


Cash No. 4290


L. O. Yankton, D.T.
Name:  Zenophile Lanctot
Tract: Nw


Sec. 13, Tp. 99w(?), R. 67N
Sept./85


Docket No. __, Page __
Recv'd for patent
Referred to Div. Oct 20/88
Anderson
ACTION:
Aug. 2, 1889. Non-alienation
W.C.H.


Approved: Mar 22 - 1890
[B??]
=======================

Pre. No. 3290
District  Yankton
No. of acres, 160
Errors in description, none
Date of Settlement, Aug 1-84
"    " Entry (in Hds.),
"    " Residence, "   "  "
"    " Proof, ??? 22-85*
"  Advertised, "  17-"
"  of Certificate, Sept. 9-"
Officer taking proof, Prob Judge
"  advertised, "     "
No. of weeks advertised, 6
Proof by Clmt.
Improvements, house 12x14; stable 12x16, well
   Value of 600.00
Acres broken, 65
"   in crop, ";
Kinds of crops, flax, wheat, oats, corn, potatoes, & garden
Residence claimed, 1 Yrs., -- Mos., 22 Days.
Military or Naval service claimed,  none
"     "    "     "  verified, 
No. of absences, none
   Total duration,
   Cause,
Naturalized
Claimant's family, wife & 2 children
Papers missing, none
Remarks, In the Prob Judge's letter to RTR
he states that he was absent from the county 
until Aug 22, the date to which all official 
business before the court was adjourned.
     Examined ___ day of ________, 188  .
[Rex Man?] Examiner.
=====================

    Clerks using these cards will be held to a strict
responsibility for all errors and omissions, and in
estimating their reliability and efficiency all such
errors and omissions will be considered.
    These cards to be used only for the purpose intended.
WILLIAM WALKER,
Chief Clerk.
Rule 9

=====================

No. 4290
CASH ENTRY
LAND OFFICE AT
Yankton, Dakota
NW4
Sec. 13, Town. 99, Range 67
Ds. 4583. ???
Aug 1, Sept 7/84. No ??
??


Approved Mar 22-1890
by B.F.C., Clerk.
Division 9
Patented May 6 1890
Recorded Vol 10, Page 56
14/83
=====================


*I know the proof was given Aug 22, 1885, but for the life of me, I could not make this jibberish "say" Aug or August or anything even remotely similar.


So basically, these pages are simply reiterating everything that's on all the other documents in this series ... with two exceptions: the date the patent was approved, and the date it was actually patented.  Two new pieces of information for my timeline!


One question I do have ... and perhaps someone who has some naturalization experience or some experience with land records can help answer this:  What does "Non-alienation" mean (page 1 under "action")?  Could that possibly be the date he received his certificate of naturalization?  Since I know the date of his Declaration of Intent, it shouldn't be that difficult to have a date range for his Petition and then his Certificate, right?  Ha!  This is definitely going to require further research into the immigration and naturalization process.  I don't even know where to begin looking ... I know the South Dakota State Historical Society doesn't have anything but his "first papers."  I guess I will have to look in some federal court records or something.  One more thing for my to-do list ...

Joseph Zenophile Lanctot Land Records - Part 10

See previous posts here.


I decided to post these next two documents together, partially because they're small and they are basically the same thing, but mostly because I can't figure out which one came first.  The first is a receipt from the Land Office and the second is a receipt from the Receiver's Office.  


===========================
No. 4290

Land Office at Yankton, Dakota

September 9th, 1885

It is hereby certified that, in pursuance of law, Zenophile Lanctot, residing at Darlington, in Charles Mix County, Dakota Ty, on this day purchased of the Register of this Office the ----- North West quarter ----- of Section No. Thirteen (13) in Township No. Ninety nine (99) north of Range No. Sixtyseven (67) west of the 5th Principal Meridian, containing 160 acres, at the rate of one dollar and 25 cents per acre, amounting to Two Hundred dollars and ___ cents, for which the said Zenophile Lanctot has made payment in full as required by law.


Now, therefore, be it known that, on presentation of this certificate to the COMMISSIONER OF THE GENERAL LAND OFFICE, the said Zenophile Lanctot shall be entitled to receive a Patent for the lot above described.

[G.A. Wetter], Register.

===========================

No. ????

Receiver's Office at Yankton Dak

September 9, 1885

Received from Zenophile Lanctot of Charles Mix County, Dakota, the sum of two hundred dollars and ---- cents; being in full for the North West*4 quarter of section No. 13, in Township No. 99, of Range No. 67, containing 160 acres and ---- hundredths, at $1.25 per acre.

$200.00                                      [J?? Chandler], Receiver.

===========================

To summarize: One acre of land in 1885 cost about a third of the price of a gallon of gas today.  That's pretty sobering.

Tomorrow ... Approval?

Joseph Zenophile Lanctot Land Records - Part 9

This next document, as I understand it, was required in case there was any "good stuff" underground to which the government could potentially lay claim ... I guess things haven't changed that much, huh?


========================
NON-MINERAL AFFIDAVIT


Territory of Dakota,
County of Charles Mix


Zenophile Lanctot being duly sworn, according to law, deposes and says that he is the identical person who is an applicant for government title to the Northwest Quarter of Section Thirteen (13) in Township Ninety-nine (99) N. of Range Sixty-seven (67) N. that he is well acquainted with the character of said described land, and with each and ever legal subdivision thereof, having frequently passed over the same, that his knowledge of said land is such as to enable him to testify understandingly with regard thereto; that there is not, to his knowledge, within the limits thereof, any vein or lode of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin or copper, or any deposit of coal; that there is not within the limits of said land to his knowledge any placer, cement, gravel or other valuable mineral deposit; that no portion of said land is claimed for mining purposes under the local customs or rules of miners or otherwise; that not [sic] portion of said land is worked for mineral during any part of the year by any person or persons; that said land is essentially non-mineral land, and that his application therefor is not for the purpose of fraudulently obtaining the title to mineral land, but with the object of securing said land for agricultural purposes.

[Zenophile Lanctot]

Subscribed and sworn to before me, this 22nd day of August A.D. 1885, and I hereby certify that the foregoing affidavit was read to the said Zenophile Lanctot previous to his name being subscribed thereto; and that deponent is a respectable person, to whose affidavit full faith and credit should be given.

[Adam Grimes]

Judge and Ex officio Clerk

of Probate court

Charles Mix Co Dak.

========================

Whew!  Good to know that Zeno was a respectable person!  I always knew I came from good stock.

Now, after reading through this, I had a couple of questions.  First ... what the heck is cinnabar?  So I found this website, that told me a lot about it ... but I still didn't really know anything except that it's a red rock with perfect cleavage (this has something to do with the way it breaks under stress ... get your minds out of the gutter!)  So I kept looking.  Turns out cinnabar (mercury sulfide) is primarily used as an ore for mercury.  It's also used as a pigment.  Apparently, it's also used to make jewelry (though I'm not sure I would wear mercury jewelry).  It is quite toxic to humans and animals ... in case anyone was thinking about looking for some.

Bottom line is that there wasn't any of it on Zeno's land, and since he was respectable, we can take him at his word.  Besides, I'm pretty sure I would have inherited something by now if there were any valuable minerals on that land, right?

Joseph Zenophile Lanctot Land Records - Part 8

See previous posts here.


Along with the two witnesses, Zenophile was also required to sign an affidavit regarding his residence and cultivation of the land.  His testimony is a little more in-depth than that of his neighbors, and contains quite a bit more information and consists of 2 pages.


Granted, these are not the easiest documents to read.  The scanned copies are pretty terrible, but I'll do the best I can.  I have reformatted the question/answer portion for readability.


=============================

PRE-EMPTION PROOF - TESTIMONY OF CLAIMANT


Zenophile Lanctot being called as a witness in his own behalf in support of his pre-emption claim to the NW1/4 13-99-67 testifies as follows:


Ques. 1.  What is your name (written in full and correctly spelled) and age?
Ans.  Zenophile Lanctot.  25 years.


Ques. 2.  Are you the head of a family, (if so, of whom does it consist) or a single person?
Ans.  Head of a family.  Wife and two children.


Ques. 3.  Are you a native born or naturalized citizen of the United States*
Ans.  Have declared my intention to become a Citizen of the U.S.


Ques. 4.  Is your pre-emption claim above described, within the limits of an incorporated town, or selected site of a city or town, or used in any way for trade or business?
                2d.  Did you leave other land of your own to settle on your present claim?
                3d.  Have you ever made a pre-emption filing or entry for land other than that you now seek to enter?  If so, describe the same.  (Answer to the point and in deatil [sic].)
Ans. 1st.  No
         2d.  No
         3d.  No


Ques. 5.  When did you first establish an actual residence on the land you now seek to enter?
                2d.  What was your first act of settlement?
                3d.  Were there any improvements on the land when you settled?  If so, state who then owned them and whether you purchased the same.
                4th.  What improvements have you made on the land since settlement, and what is the value of the same?
Ans. 1st.  August 1st 1884
         2d.  Built home and broke prairie.
         3d.  Yes.  I bought them of Emery Martindale
         4th.  House 12x14, Stable 12x16, 65 acres breaking, well, $600.00


Ques. 6.  When did you first establish an actual residence on the land you now seek to enter? 
                2d.  Has your residence thereon since been continuous?
                3d.  What use have you made of the land?
                4th.  How much of the land, if any, have you broken and cultivated since settlement, and what kind and quantity of crops have you raised?
Ans. 1st.  August 1, 1884
         2d.  Yes
         3d.  Farm and home.
         4th.  65 acres, 45 acres flax, 5 acres wheat, 5 acres oats, 8 acres corn, and 2 acres potatoes and garden.


Ques. 7.  Are either of the parties who have testified as your witnesses in this case related to you by blood or marriage?  If so, state how related.
Ans.  No.

[Zenophile Lanctot]

I hereby certify that each question and answer in the foregoing testimony was read to claimant before being subscribed, and was sworn to before me this 22 day of August 1885, as provided by amendatory act of Congress approved June 9 1880.

[Adam Grimes]

Judge and Ex Officio

Clerk of the Probate Court in and for Charles Mix County, Dakota Territory, within and for the Judicial District of said Territory.


*In case the party is of foreign birth, a copy of his declaration of intention to become a citizen, or full naturalization certificate officially certified, must be filed with the case.


[see note on fourth page]
===============================


The next page gets a little tricky.  The top of the page is clearly what they are referring to as "fourth page," but I can't figure out how that would become page 4 ... unless they counted the pages as they were all folded up, making the cover page 1, the page transcribed above as page 2, the affidavit below as page 3, and then the note as page 4.  In any case, I have transcribed it all as one page below:

===============================
Note - The officer before whom the testimony is taken should call the attention of the witness to the following section of the Revised Statutes, and state to him that it is the purpose of the government, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law.

TITLE LXX. - CRIMES - CHAPTER 4.

Sec. 5392.  Every person who having taken an oath before a competent tribunal, officer or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of no more than two thousand dollars, and by imprisonment, at hard labor, not more than five years; and shall moreover, thereafter be incapable of giving testimony in any court in the United States until such time as the judgment against him is reversed.  (See §1750).
===============================

PRE-EMPTION PROOF

LAND OFFICE AT

Yankton, DT

cash series B and R No. 4290

Approved

[G.A. Wetter] Register

[Jos. Chandler] Receiver

ADDRESS OF CLAIMANT

Name Zenophile Lanctot

Postoffice Darlington

County Charles Mix

Ter. Dak

===============================
AFFIDAVIT REQUIRED OF PRE-EMPTION CLAIMANT
I, Zenophile Lanctot claiming the right of pre-emption under section 2259, of the Revised Statutes of the United States, to the Northwest quarter of section number 13 of township number 99 of range number 67 subject to sale at Yankton, Dakota do solemnly swear that I have never had the benefit of any right of pre-emption under said section; that I am not the owner of three hundred and twenty acres of land in any State or Territory of the United States, nor have I settled upon or improved said land to sell the same on speculation, but in good faith to appropriate it to my own exclusive use or benefit; and that I have not, directly or indirectly made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title I may acquire from the government of the United States should injure, in whole or in part, to the benefit of any person except myself, and the reason why this affidavit is sworn to before the Clerk of the Court for Charles Mix County, is on account of the great distance from my residence on said land to the local land office at Yankton, D.T.

[Zenophile Lanctot]

I, Adam Grimes, Judge and Ex-Officio Clerk of the Probate Court of Charles Mix County, do hereby certify that the above affidavit was subscribed and sworn t before me this 22 day of August A.D. 1885 as provided by amendatory act of Congress, approved June 9, 1880.

[Adam Grimes]

Judge and Ex-Officio Clerk of Probate Court

Charles Mix Co, Dak.

=================================

So what do I take away from this document?  Much of the information is the same as the witness affidavits mentioned earlier.  However, I now know that he had 65 acres of various crops, as well as a garden.  Here is an artist's rendering of what it might have looked like:

(and by "artist" I mean me ... I tried to draw it by hand, but it didn't even resemble vegetation).  You can see the little vegetable garden at the southern end of the potato crop.  Oh, by the way, this is not to scale.

I also know that he purchased the improvements on the property from Emery Martindale.  Sounds like I might need to find out who this person is and how he relates to the family, if at all.

Having been inspired by DearMYRTLE's post about integrating the law with family history, (and being a paralegal doesn't hurt, either) I thought I would check to see how much the federal statutes have changed regarding perjury.  They haven't.  The only difference I could find is that the maximum monetary penalty is no longer stated in the statute, but it is still a five-year maximum prison sentence.  Interesting.

We're coming in on the home stretch ... tomorrow, Minerals!

Joseph Zenophile Lanctot Land Records - Part 7

See previous posts here.

During the process of proving up the pre-emption, my great-great grandfather had to ask two of his friends/neighbors to act as witnesses for him and sign an affidavit under oath regarding his residency and cultivation of his land.  The second witness for Zenophile was Amos Truesdell.  I located Mr. Truesdell's family on the territorial census records for 1885, on the lines just above Zeno's.  They were probably next-door neighbors (as much as you can be on 160 acres ...)

I had to change the layout a little when transcribing it - for readability.  This is otherwise a verbatim transcription of the document.

===========================

PRE-EMPTION PROOF ---TESTIMONY OF WITNESS.

Amos Truesdell being called as a witness in support of the Pre-emption claim of Zenophile Lanctot, to the Northwest 1/4 Sec. 13, Twp. 99, Rge 67th testifies as follows:

Ques. 1.  What is your postoffice address?

Ans.  Darlington Charles Mix Co., Dak.

Ques. 2.  How long have you known claimant, and what is his age?

Ans.  Ever since making his D.S. entry.  25 years.

Ques 3.  Is claimant married or single?  

               2d. Of whom does this family (if any) consist?  

               3d. Is he a native or naturalized citizen?

Ans.  Married; 

          2d. Wife and two children; 

          3d. Has declared his intention to become a citizen.

Ques 4. Are you familiar with the character of the land?  

              2d. Are there any indications of coal minerals or salines thereon? (If so state plainly the nature).  

              3d. Is it more valuable for agricultural than mining purposes?  

              4th. Do you reside in its vicinity?  

              5th. Is it within the limits of an incorporated or selected town site, or used in any way for purposes of trade or business? (Answer to the point and in detail).

Ans. 1st. Yes;  

         2d. No;  

         3d. Yes;  

         4th. Yes;  

         5th. No.

Ques. 5.  Is claimant the owner of 320 acres in this or any other State or Territory?  

                2d. Did he leave or abandon a residence on his own land in this Territory to reside on the land herein described?  

                3d. Has he ever filed for or entered other land under the pre-emption law? 

                4th. Has he mortgaged or agreed to sell the land herein described?

Ans. 1st. No;  

         2d. No;  

         3d. No;  

         4th. No.

Ques. 6.  When did claimant first settle on his claim?  

                2d. What was his first act of settlement?  

                3d. What improvement has he on land?  

                4th. What is the value of such improvements?  

                5th. When did he commence his residence thereon?  

                6th. Has his residence been continuous?  

                7th. What use has he made of the land?  

                8th. How much has he broken and cultivated? (Answer to the point and in detail).

Ans.  1st. August 1st, 1884.  

          2d. Built house and broke prairie.  

          3d. House 12x14, stable 12x16, 65 acres breaking, well;  

          4th. $600.00.  

          5th. Aug 1, 1884.  

          6th. Yes.  

          7th. Farm and home;

          8th. 65 acres

Ques. 7.  Are you in any way interested in the claim, or by blood or marriage related to claimant?

Ans.  No, and am in no way related.

and the reason of this testimony being sworn to before the clerk of the court of Charles Mix county is on account of the great distance from my residence to the local land office at Yankton, D.T.

[Amos Truesdell]

I hereby certify that the witness is a person of respectability, that the foregoing testimony was read to him before being subscribed, and was sworn to before me, this 22nd day of August 1885, as provided by the amendatory act of Congress, approved June 9th 1880.

[Adam Grimes]

Judge and Ex Officio

[see note fourth page]

Clerk of the Probate Court, Charles Mix County, Dakota Territory, within and for the Judicial District of said Territory.

============================

Again, this is good information to have.  I realized when I was making this post that with the exception of Mr. Truesdell's name on this document, everything else is answered exactly the same as Mr. Gregoire's affidavit from yesterday.  Verbatim.  Now I'm wondering how much stock to put into these answers.  The document was clearly completed by the clerk and simply signed by the witness ... now I question it.

Tomorrow ... Zenophile's Testimony!

Joseph Zenophile Lanctot Land Records - Part 6

See previous posts here.


During the process of proving up the pre-emption, my great-great grandfather had to ask two of his friends/neighbors to act as witnesses for him and sign an affidavit under oath regarding his residency and cultivation of his land.  The first witness for Zenophile was Ephraim Gregoire.  I located Mr. Gregoire on the territorial census records for 1885, on the page before Zeno.  They likely had neighboring farms.


I had to change the layout a little when transcribing it - for readability.  This is otherwise a verbatim transcription of the document.


===========================

PRE-EMPTION PROOF ---TESTIMONY OF WITNESS.


Ephraim Gregoire being called as a witness in support of the Pre-emption claim of Zenophile Lanctot, to the Northwest 1/4 Sec. 13, Twp. 99, Rng 67th testifies as follows:


Ques. 1.  What is your postoffice address?
Ans.  Bloomington Charles Mix Co., Dak.


Ques. 2.  How long have you known claimant, and what is his age?
Ans.  Since making his D.S. entry.  25 years.


Ques 3.  Is claimant married or single?  
               2d. Of whom does this family (if any) consist?  
               3d. Is he a native or naturalized citizen?
Ans.  Married; 
          2d. Wife and two children; 
          3d. Has declared his intention to become a citizen.


Ques 4. Are you familiar with the character of the land?  
              2d. Are there any indications of coal minerals or salines thereon? (If so state plainly the nature).  
              3d. Is it more valuable for agricultural than mining purposes?  
              4th. Do you reside in its vicinity?  
              5th. Is it within the limits of an incorporated or selected town site, or used in any way for purposes of trade or business? (Answer to the point and in detail).
Ans. 1st. Yes;  
         2d. No;  
         3d. Yes;  
         4th. Yes;  
         5th. No.


Ques. 5.  Is claimant the owner of 320 acres in this or any other State or Territory?  
                2d. Did he leave or abandon a residence on his own land in this Territory to reside on the land herein described?  
                3d. Has he ever filed for or entered other land under the pre-emption law? 
                4th. Has he mortgaged or agreed to sell the land herein described?
Ans. 1st. No;  
         2d. No;  
         3d. No;  
         4th. No.


Ques. 6.  When did claimant first settle on his claim?  
                2d. What was his first act of settlement?  
                3d. What improvement has he on land?  
                4th. What is the value of such improvements?  
                5th. When did he commence his residence thereon?  
                6th. Has his residence been continuous?  
                7th. What use has he made of the land?  
                8th. How much has he broken and cultivated? (Answer to the point and in detail).
Ans.  1st. August 1st, 1884.  
          2d. Built house and broke prairie.  
          3d. House 12x14, stable 12x16, 65 acres breaking, well;  
          4th. $600.00.  
          5th. Aug 1, 1884.  
          6th. Yes.  
          7th. Farm and home;
          8th. 65 acres


Ques. 7.  Are you in any way interested in the claim, or by blood or marriage related to claimant?
Ans.  No, and am in no way related.
and the reason of this testimony being sworn to before the clerk of the court of Charles Mix county is on account of the great distance from my residence to the local land office at Yankton, D.T.

[Ephrem Gregoire]

I hereby certify that the witness is a person of respectability, that the foregoing testimony was read to him before being subscribed, and was sworn to before me, this 22nd day of August 1885, as provided by the amendatory act of Congress, approved June 9th 1880.

[Adam Grimes]

Judge and Ex Officio

[see note fourth page]


Clerk of the Probate Court, Charles Mix County, Dakota Territory, within and for the Judicial District of said Territory.
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There is quite a bit of information to gather from this document (keeping in mind that this is all secondary information).  First, that at the time of this affidavit, Zenophile was married and had two children.  Second, that he has declared his intent to become a citizen (which we already knew, but if this was the only page we had, that information would certainly be helpful).


I was also surprised to learn that his house was only 12x14, and that he and his wife and two children lived in there.  Together.  All of them.  I have 1400 square feet for my daughter and myself, and sometimes it feels like we're constantly on top of each other.  I can't imagine what would happen if we were limited to only using the living room!  I wish I knew if that was a little one-story house, or if there was a loft or a second floor or a basement or something.  I guess I'll have to do some reading to see what the typical prairie house looked like in the Dakota Territory.