Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1862-04-12
NO. %.

ooa1ooWS oo005o - DotuDo4SS0o " - Uo1Os0
Dsosnb~ lss. 1851. Ths Nr. &sss Aiisa
entirely 70 Do. end By his Own ehsies - ~
debssssa hinsslfshs psivi1sgs ~ 0evsElns.e
had % Ibssslly ee,6susA Aa~ IL jasGA
on the llth a Fshsuasy. 1883, ansths eet
Of Coagssa vss pssssd. ths psivileen - ~
clao iSelu0sd b sseeisa a. e the Osanlis0
Law. vess sxtsndsd. Ths psivilsgs u ~
ing this claim thessfess aataehs1 b vissae q
. law passed ssbssqusss to his dsath. -
which Of Consequence conferred - bsasGe
upoa him. In lOesobss. 1853. his widow
clains for III hsiss q law, wha9 - oigk
have claimed had - lived. We yisA - kx
and the heis At law al the equities and Hghls
which would have suured to him wesU - Nv.
ing, and in person urging this claim.
The testimony all seems to establish. TIT
antecedent to August l4th. l6l6. in fact up 70
the date Of Mr.. Shorts death. in Jannaxy.
1853, that the residence Of the family was q
the western portion or half of the claim.
These acts Of negligence on the part of Shost
to assert his claim are advertsd 10, because
much stress has been laid upon the fact that
the Mission was slow TO assert its claim. The
evidence however shows that in Nay, 1858,
the Rev. A. NJ. A. Blanchet, BishoP Of Ms
qually, caused to be fled the notification Of the
claim Of the St. James Mission. In October.
of the same year. Mrs. Esther Short 6les The
notification Of thsir claim.
After thorough examination Of the mat
ter presented, and dilligent investigation q
the law and the evidence adduced in this tsial
l have conscientiously, may say somewhat
been forced to the conviction, that
the grant of GAO acres Of land made to Ms
sionary Stations by the Organic Act Of Ore
gon vested in the Mission Of st. James the
absolute fee and title TO tract, embracing
their improvements that such tract was not
open to settlement, under the Donation law Of
September 27th, 1850, extended by tho
amendatory act Of February 14th. 1859.
That by the Organic acts establishing the
Territorial Governments Of Oregon fand
Washington, respectively, passed August II,
1s4s. and March 2, 1853, Congress and tho
Government designed to donate tracts Of 640
acres of land to missions, in attestation Of
growing regard for religion, morality, and in
Of the healthy aids to settlement.
afforded by the various religious societies. who
missions.
By force Of which tho title to the 81. james
Mission to GAO acres Of land, absolutely vest
ed IN the society to which said Mission BE-
longed. at the date Of the passage Of this act
Of Aug. IA, lS4s.
As between the United States and the
Hudson's Bay Company for the claim Of that
Company by virtue Of tie se;pect due to their
possessory rights guaranteed BY the treaty Of
1876, it was a matter of treaty obligation be-
tween the United States and Great Britain.
Those possessory rights encountered MOI the
soil. By the treaty, the sovereignty Of ithe
United States to the soil was absolute. The
Government BY that treaty Of limits secured
the fee simple and the domain, and by vol
untary grant absolute in terms, donated. con.
lirmed and established to these religious soci-
cites who had missionary stations in Oregon.
the tracts of land. upon which such stations
were founded. The Mission Of St. james
was one, If there was one in Oregon. and
tract Of GAO acres was granted 10 them. and
such tract was neither open to settlement un-
der the donation laws or it's amendments, to
by the Military authorities.
except in the usual method known to the law,
Of appropriating private property to public
uses, nor to presumption or occupation tor
town-sites, except - tenants Of the legitimate
donee or grantee.
The rights Of the United States fully ceased
and determined on the l4th August lSl6.
The tract was subject then to the rossessosy
vigkts Of the Hudson's Bay Company, for the
treaty said those s;gas s4ssl3 h vssYsete&.
Those rights continued by their license till
May, 1859, and when that incubas was NJ
moved. by the extinction Of thoss rights. II
lsit the grant 70 the Mission Of St. James.
full. ample and complete. now entitled to 81
Joy the same in al its parts. With ths right -
ask for and receive from the United States .
dssd Of eon6mation or patent. - soea - IL
lands could b surveyed.
The papen On lls show that The Hla1el
notification Wa a. Gle. befoss any elains
wore sssestsd to eoafiguous hn1A t b ~
oldest chin. Its rseogait;oa = cssval viii
thr osKanisaaioa q Ougua. - wo . psd+
tive grant nass than tve ysan bsfss ny
Anrrieaa sutalx could seqsige = isaessse =
or title v ua-susur;ai 49, lnsls. Ths
Nisu;ou IA hsru cssA i.ss ~ v1unw e
1854 Ii , ~ ~ yssvi.ss - essnss:
spea tAe vis3ao - psiey q - . hNs -
i i . nasass a ngrs - Psivsas i.As:sAe
nay By sseh a-eisisa. sgP.s.Hl5 s1ks; -
the lsv nakiag eulnas y niuuaaA , = -
and positive. sAs ssiaeaes - dlssse - -
csasi.sisg. lsi.eiag - aa1lun = 0.i.1
vishia II pussw = ~ -. - -
b bus 90 1say = Pe11bsa. ens1sn = -
Miauiea, eco anss = -. = essns1nss
viii - esa.a - = dAssn y - ses.
pMyhs II - - sseo = - - s0sia
sxvsy.
u A sseAmp paPw ~ NJ ~ -
csss afaa ~ - aiRvvsehsd - 60
sPsa N sai.AaAiAea ialan1. xiaAsa 49,
il Ais pocket.