, 1861-02-15

1859, and consequently, have given no
! opinion on that subject.
Bat with regard to the lands claimed as
belonging TO the Puget Sound Agricultural
Company in Washington Territory, and
known as the Nisqually claims aud the
Cowlitz Farms, decide that those lands
are and should be treated as public lands,
and that the Puget Sound Agricultural
Company have no legal title thereto.
Very respectfully,
! (Signed,) JAS. TILTON,
Surveyor General, W. 7. !
REPORT OF THE SECRETARY OF THE INTERIOR
UPoN THE PUGET SOUND AGRICULTURAL coM-
PANY's CLAIMS, NOV. 30, 1860:
"The progress of the public surveys in
the Territory of Washington has been in
terrupted on account of the existence of
certain land claims under the treaty Of
June l6, 1886, with Great Britain. On
the expiration Of the charter OF the Hud-
sons Bay Company, in 1859, the possesso-
ry right of that company, under the third
article of the treaty, terminated. 1nsiruc-
tioDs were accordingly issued to the survey
or general, in September, 1859, to extend
the lines of the public surveys over the
lands which had been occupied by its agents
and employees, and contracts have since
been made for subdividing, in the usual
manner, a considerable portion Of those
lauds.
1.-TWO tracts-one at Nisqually, contain
ing, by estimate, l67, 600 acres, and anoth-
er at Cowlitz, containing about 5000 acres
have been claimed under the fourth arti-
Gle Of the same treaty, for the Pugets
Sound Agricultural Company 1t is stipn-
lated 10 that article that the farms, lands,
aud other property Of every description be-
longing to the Puget's Sound Agricultural
Company, on the north side of the Colum-
bia river, shall be confirmed to the said
company. In case, however, the situation
Of those farms aud lands should be consid-
cred by the United States to be Of public
and political Importance, and the United
States government should signify q desire
to obtain possession OF the whole, or any
part thereof, the property so required shall
be transferred to the said government, at a.
proper valuation, 10 be agreed upon be-
tween the parties.Y
at is clearly the duty of this government
to con6rm to the Puget's Sound Agricul-
tural Company all such farms" and "landsp
as belonged to said company at the date Of
the treaty. The treaty, however, created
no right; it simply provided for the confirm
alton Of a title, either inchoate or perfect,
previously existing. Title to land under
the British government can only be derived
from the Grown, either directly or Indirect
ly. But this department is not advised
that said company have, or claim to have
any grant from the Crown of Great Brit
ain. The treaty only secures TO them the
"lnnds" and farms" "Jel0agiHg 10" them;
and, if we reject the literal, obvious inter
probation, and construe the words belong
ing 10" as equivalent TO occupied by" the
company, still we find nothing 10 the words
of the treaty which will warrant the claim
Of an extensive district, when it is well
known that at the date Of the treaty only
few employees of this company had
houses, sheep-folds, aud cattle-pens, with
very meogre improvements, scattered over
wide aud underlined range Of country
Such construction Of the treaty is totally
inadmissible and ineonsistent with the land
policy Of the United States and Great
Britain. Whilst it is manifest, from all the
evidence collected, that no part Of this land
belonged to' the Puget's Sound Agricnl-
tural Company, yet some scattered portions
Of it might answer the description Of
farms" and Stands" occupied by It, which,
in spirit Of fairness aud liberality, might
be determined by survey, confirmed and
patented. On the other hand, the claim
which has been presented, and which rO-
1 gard as merely speculative, delays the pub
lie surveys, retards settlements, and pre-
vents the improvement Of the country.
"Indeed, tie surveyor general reports
that almost all the old servants Of the
Puget's Sound Agricultural Company have
long since become American citizens, aud
are now claiming farms, under our former
donation and present preemptionr laws,
within the region that has been claimed on
the Nisqually river.
ut is due to the people Of Washington
Territory that some decisive action should
be taken. l am not advised that any por-
ton of the tracts claimed are of any public
or political Importance TO the United
States, aud recommend that the surveyor
general of Washington Territory, under the
supervision Of this department, be author
lied by special enactment to decide upon
the validity of the claims of the Puget's
Sound Agricultural Company, and, if they
are entitled to confirmation, to determine
the location and boundaries Of the farms
, and LANDS" that belonged to the company,
which should be required, within given
|, period, to present its claims for 6nal ac
tion.n I
II W...I.,. - . ........