Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1862-04-12
Opinion and Decision of the Surveyor Gen.
eral.

eral.
(COncluded.
Another question is also presented as to the
construction of the language of the grant.
Whether by it, GAO acres are really granted
and conveyed, or merely the amount occupied
by the Missionary improvements, the language
being " not to exceed GAO acres"
In giving this law or this language a con-
struction, we incline to the belief that Con-
gress recites that religious societies who have
sent missionaries into Oregon to establish
stations among the Indian tribes for their
conversion, are entitled to aid and recognition
from the Government. The missionary labor
with the Indians is the consideration-the
condition precedent. The words are plain {:
q the title to the land not exceeding GAO acres,
"then occupied as missionary stations among
"the Indian tribes in said Territory-be con-
firmed and established"
This question as to the amount of the grant,
is stripped of some of its difficulties, by the
fact that the Commissioner of the General
Land Office, has already decided what con-
struction is to be given to the language. "not
erceeoling GAO acres" Under date of Au-
gust 18th, 1853, the Department instructs
Surveyor General Preston, in whose district
this station was then located, as follows: af-
ter reciting the provisO to the 1st section Of
the Oregon Organic act, he says, such pro-
vision is understood to grant GAO acres to
leach separate and distinct missionary station
referred to, and like provision is made in
L" the act to establish the Territorial govern
" ,nent Of Washington"
"In order to comply with the tevms Of the
"gyaxt, under circumstances where the land
"s now occupied together with the improve
"' ments thereon cannot b. brought into le-
"gal subdivisions with0st doing npaxifest ix-
";xstice to the Missionary station, it will be.
come necessary to cause to be made spec
I" ial survey of square mile which shall is-
"clxde the land occupied, with buildings and
Improvements in the centre a. nearly AZ
"may be-"
Clearly showing that tie grant is GAO acres.
on the confederation of having formed mis-
sionary stations among the Indian tribes. and
not as contended by the opponents Of the
Mission, merely circumscribing the grant to
the land astxaly used or covered by the build
ings and improvements.
This grant was not intended to induce set
tlcment, but in confederation Of already rem
dered service by the grantee. In September.
1850. it makes grants to actual settlers. who
~iA thereafter occupy, cultivate and reside in
Oregon. But in this act (the act Of August
IL. ls4s,) it acknowledges just and equita.
bic claim to the grant Of land by the United
States for the service performed BY these
Missionaries. OF just such grant the Su-
preme Court Of the United States, in the
case Of Fremont ~ the United States III
Howard p 55s) says. although this cannot
" be regarded rs money consideration. max
ing the transaction . purchase from the
" Government. yet it is the aeks0Uledgemese
Of a just and equitable claim"
In that case, a. in this, it was contended
that the description was 80 vague and unccr-
tain. nothing passed by the grant, and that
Alvarailo, 10 whom the grant was made, had
no vested interest until the land was surveyed.
The Court remarks that " a between him
" and the Government, he had a vested inter
"est in the qsaxtity Of the land mentioned in
1.-THE grant. The right to so much land to be laid
"otf by official authority. in the Territory
described, passed from the government to
"him by the execution Of the instrument
granting it,"
The same principle was held in the ease Of
Rutherford " heirs of Gen. Nathaniel Greene,
2 Wheaton 1876. which was grant by North
Carolina $4,000 acres out Of the land, for its
officers and soldiers.