, 1861-02-15

OFF1cE SURVEYOR GENERAL, W. T.
Olympia, W. T., 8th Dec 1859. !
= CoM'R GEN. LAND OFFIcE,
Washington City, D. c.:
Sin x = X
+ respectfully bel
leave to submit the following report:
There are bat two claims in Washing
ton Territory known as the P. S. Co
J claims One, called the Nesqually, beiny
} bounded on the west by the shores Of Pu
get Sound, on the north 10y the timberet
lands south Of the Puyallup river, on thu
east by the dense timber that extends
J thence to the western base of the Cascadt
Mountains, and on the south by the Ms
qually river.
On this claim the Company have now
several thousand sheep, in charge of shep
herds, and perhaps few hundred cattle
ferR nature.
The other claim, called the CowHta
Farms, is near the forks of the Cowlitz
river, and contains about $500 acres o.
highly arabic land.
\ The Nisqually claim consists of a very
extensive plain, being generally prairie
with arabic lands upon the bottoms, OF
low shelves of the prairie, but its general
character is not fertile; it is considered ad
mirably adapted to the raising of cattle
and much of the land is also suitable for
grain.
The prairie is very irregular in shape
has many belts of timber in aud through
it, and growth of small oak, of excellent
quality, is thinly scattered over much of it,
The claim, as defined by the map, con
tains about l67, 900 acres, of which about
$4,000 acres are prairie or oak openings,
aud the rest dense forest of fr, cedar
and other coniferous woods; the bottoms
on the Nisqually and other large streams
are very fertile.
The large and fourishing town of SteiI-
accom-, containing about 800 inhabitants,
aud the U. S. Fort Steilacoom,p which is
the head quarters of the Puget Sound
Military District, situated about two miles
distant from the town Of Steilacoom, and
about 200 American settlers, having farms
10 steady process Of Improvement, are upon
this Nisqually claim Of the Company's.
Many Of the old servants Of the Hudson
Bay Company, and almost all Of the P. S.
Agricultural Company, have long since be-
come American citizens by virtue Of onr
naturalization laws, and are now residing
upon farms within the alleged lim:ss Of the
P. S. Ag Co.'S Nisqually claim, under the
former donation and pre-emption laws
To some extent the same is true in re-
gard to the small claim at the Cowlitz.
None of these American settlers have
felt any doubt as to their rights, as against
the z. s. Ag. Co. An early settlement Of
the matter is certainly desirable, although
practically tho Company have long since
Withdrawn from a hopeless contest with
the American settlers, and lately have
sought to secure some Of the most desira-
BILE tracts, such as Fort Nisqually, and
some cultivated farms, by causing their
more trusted agents and employees to be-
come nRturalzed, and take their choice
farms in parcels of l60 acres each, as pre-
emplors. This was apparently to save
them from being SO taken BY those not in
the confidence of the Company.
This Company does not appear to have
any charter, nor do they exhibit any orig
inal donation Of title to lands either from
the British crown, or from the Aborigines.
1 consider that there is no provision by
which British subjects can derive title ex-
ccpt through the crown.
There is no evidence Of any attempt to
derive title from the Crown, and / appre-
hend it was not Competent, under the joint
Occupation Of this country, under the con-
veution of 1918, known as the treaty Of
joint occupation, for either subjects Of
Great Britain, or citizens Of the United
States, to legally acquire title to land from
one only Of these nations. af
1t does pnOt appear from the ''deed Of
settlement" or from any other proceeding
or papers that the company had ever taken
possession Of or claimed by metes aud
bonnds the lands since claimed, until called
upon in 1858, by Surveyor General Pres
ton, of Oregon.
1t appears that their occupation was
like that Of any other settlers upon Indian
lands TO be used as required at the time,
and at the time the settlements were made
by the Puget Sound Ag. Co., the only
British subjects who could legally occupy
the country were the Hudson Bay Com
pSuy in its corporate capacity, and undel
its license.
1t is in proof that at the treaty of lS46
the P. S. Co. was in occupation Of an in
definite range Of and-that it had house.
aud sheep folds, cattle pens, some fencing
and improvements of use to the Company
during their occupation, but not of per
mauept character, nor Of particular value
to the really.
), The 4th article of the treaty of Is46
certainly confirms to the P. S. Ag. Co
the farms, lands and other property of eV
, cry description whatsoever, belonging t
them," but do not think it was posSibl,
; for any land to belong to the Company, a
that date, and also am unable to see hov
: the title to land could be now granted un
) der the terms Of the Treaty Of lS46, o
( that that treaty could or did create a righ
! which never existed before
Therefore | arrive at the conclusion tha