, 1854-10-14

idea that the lands here would be donated
to them and the first comcrs, having
choice Of the country, would, of course Sc
lcct such claims as, in their opinion, would
be most valuable in the future growth Of
the territory. Suppose one Of these early
settlers to have taken a claim, with the be-
lief that it would in process of time, be u
good location for town, and the course Of
events has proven the correctness Of his
judgment, is there any good reason why
such settler should not have the fruits Of
his labor in fitting such place for "a town,
and the benefit of his foresight in the Sc
lection. He has perfect right to admit
persons to occupy under him, or TO exclude
them, and if he docs so admit persons for
the public good, ought his rights against
the government to be less than they other
wise would have been? The public use Of
a part Of claim is not inconsistent with
Such u residence, and cultivation by set
tier as the Act of 1850 contcmplates,
Suppose man take, and duly. notify, for
q claim Of $40 acres, and then to reside up
on and cultivate 40 acres with the avOwcd
purpose of holding the whole, does the
manner in which he may use the residue of
such claim, make any difference with his
right to Il certificate for the entire section.
Certain it is, that if the said 600 acres
were left in state Of nature, his right
therto would be as perfect as to the 40
which he had fenced and ploughed and
ought anybody, much less the government,
TO object, if the settler, instead of letting
lands in his possession lie in wild state
puts them to any use Of profit to himself
and of advantage to the public? Resi-
dence upon, and cultivation Of part Of a
claim, with the bona fde intention of hold
ing and securing title to the whole, is oil
that has ever been required, where "set-
tling upon" is made the mode for acquiring
lands Of the United States. When man
settles upon vacant land in Oregon, and
his possession thereto becomes property,
WHICH the laws of the territory will pro-
tect, he must be allowed TO hold such land
against all junior claims, provided he COM
plies with the Donation Act. No person
can lawfully enter upon such settlers
claim, without his consent, and il persons,
by means Of such consent, do get in as
town residents, tenants, or in any other
way, ought they to be permitted TO turn
round and deny the right Of him under
whom they hold? Prior in time, prior in
right" though maxim id equity, is the
only safe and certain rule that can be ap-
piled to settlers in Oregon, all other things
being equal. is the Act Of 1874, applica-
bic to town sites in Oregon? On the 9th
of September, 1850, Congress established
Territorial Governments for Utah and New
Mexico 4; and, as in our act Of lS4S, de-
clarcd the laws Of the United States in
force in said territories, as far as applica-
ble, &c. President Pierce, in his first
message to Congress says II recommend
the extension Of the land system over the
territories Of New Mexico, Utah." &c.
Commissioner Wilson, in his report accom-
panying the message, says THE expedi-
ency and propriety of early action for ex-
tension of the land system over the terri
tories of New Mexico and Utah, is sug-
gested and recommended" Now if the
land system did not go 10 New Mexico
and Utah, by force of their Acts, it GER
tainly will not conc to Oregon by force Of
ours ; for the language is the same in oil
the Acts. This Act of 1874 is a part of
said land system, and only acts with the
system to which it belongs. Disjointcd,
and standing alone here, it would operate
about in the same way us q separate wheel
Of watch serves to keep time. 1t is well
known that there are no land system and
land laws in Utah and New Mexico, and
there were none in Oregon till the Act Of
1850. That was a system of donating and
not selling lands to settlers, and the laws of
the selling system, therefore, seem inappli-
cable. The act of 1874 provides that
when any part of the Surveyed public
lands shall be occupied as q town site, &c.
The town sites of Oregon were made upon
"unsurveyed" public lands. Mr.. Wilson,
however, argues that the distinction be-
tween surveyed and unsurveyed lands is in
convenient, and therefore does not exist
Will the Commissioner abolish the differ
ence such lands in all constructions Of the
Donation act !? By the Act of ls44,
County Courts and City Governments are
to "enter town sites at the proper land Of
fee, at the minimum price," &c. Now
what is the minimum price of lands in Or
egon! How can lands be entered at the
Surveyor Generals Office? What law au-
thorizes him to receive moneys for lands
Can he grant certificate, except for resi-
dcnce and cultivation, and is it possible for
County Court or City Government as
such, to reside upon and cultivate town
site Again, these town sites, under the
Act of 1874, are to be entered "before the
public sale of the lands, in which they
are included, is commenced" When did
the public sale of lands, around the towns
in Oregon, commence? If it never has
commenced it certainly never will ; for
such lands have become private property
under the Donation Act. Manifestly,
therefore, there never was, and never will
be, time when town sites in Oregon could,
or can be entered, in accordance with said
Act of lS44 and will IL nm that account