The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-04-29
CHURCH AGAINST STATE.
THE BISHOP or NESOIALLY'S SUIT
[ AGAINST INCIE StN'S SOLDIERS.
lie sued for All Of Fort Vancouver, Because
There Had Bccn a Mission chapel on the
Government Reservation Court. said No.

bueFe ttau becn u btyslOn tnADet on the
Government Reservation Courts said No.
The history Of the cnions ease In which Q
diocc.c Of ~" Roman Catholic Church fought
til" 10 lands n against tho tinted States,
about which correspondents have lately ex-
changed query and answer. l. here set forth.
abbreviated from the report of il in l5s United
States Reports,
The ground of the case i TO be found in m
Act of Congress passed more than fifty years
ago In section / of the Act Of Aug. II. is4s,
establishing the Territorial government Of ore
gon, j. III" following proNiso; Provided also.
that the title Ia the land. not exceeding Gao
acre, now occupied a. missionary stations
among the indian tribes in said Territory.
together with the improvements thereon, 10
confirmed and established in the religious
societies 10 which the missionary stations re-
speo lively belong
Oregon a, then organized included all n
that region wc-t of the Rocky Mountains ana
north of tho s2d degree Of north latitude, part
Of which became ar'erward the Territory and
later the state of Washington.
In February. 1857, the Catholic Bishop Of
N"~OualIv commenced a suit in the District
Court If tho second Judicial district Of v ash.
ing'on Territory against John Gibbon. T. NJ.
anderson and II. !. leatman, alleging that
under the foregoing proviso he vas entitled
To a tract of Gao acres ~ and adjacent TO
the present town Of Vancouver. $50 acres Of
which were in the occupancy OF the defend-
ants A. officers and soldiers of the United
Staic>, who held the same a. n military res
ervntion. John Gibbou was Gen Gibbon.
I : A commanding the Department NJ the Coz
luiubia, ! VI Anderson was tolonel of the
Fourteenth Infantry, and X T Neatman was
Lieutenant ard Quartermarter OF the same
pglmpU The fort WAS within Zen Gihhppia
department., Col Anderson was post COM
m.ander and Mr. iearman was in charge
OF the post buildings a. Quartermaster.
The PRAYER was tor an Injunction, n de-
cree Of title and u surrender of possession.
The United states entered . defence, While
the case was pending in the Territorial courts.
Washington Wa admitted as a state and the
case was thereupon transferred 10 the Cir
cut, Court OF the United states for the District
inSS and proof, n decree was entered in favor
Of the. defendants. dIs missing the bill. From
,ha' decree the Bishop of Ne>qually appealed
to the | nted States supreme Court.
and the decision was delivered by Justice Brewer
on May q, 1906. The deere" of the Circuit
In his statement Of the facts In the case tho
Justice made public some interesting early
history of the region including and adj Joining the
ls3s, he oaid the Hudson BAY Company had
established a trading post AT \ancourer. This
Wa done under the assumption that il was
'N''''' ~ W. III tllll lV'h
this posi- were gathered a number Of the em-
pl0yeeS of the company. Many Of these en-
The Rev. Franci, Norbert Blanchot and the
Rev. Modesto Demers arrived as missionaries,
Their letter of instructions from the Bishop Of
Quebec laid:
The territory particularly assigned (, them
is that comprised between the Rocky Noun
tains AT the east, the Pacific Ocean al the west,
torriiorv Of he tinted states at he ai Sdu ttfhe
il is only in that extent of territory that they
will establish missions, and /, is particularly
lishment on the lands the possession whereof
is contested by the United States"
Father Blanchet was still living when this
case was commenced. and was then Arch
bishop Of Oregon City. lie testified in the
case that with his associates be established
a Catholic mission station at vancouver, az
well as at two or three other places in Ore
Gon; that from 1898 10 is44. in which year he
went 10 Europe. religious services were held
a, anconver in an old store inside the pickets:
and missionary labors. and that a piece of
land. including the site of the Catholic Church
there in iss7, was given to him by James Doug
las. chief factor Of the company, for n church
site, lie also testified that he had bought
from one of the company's servants for mis-
sion purposes, that the mission was still going
on when he returned from europe, and that
he then As Bishop appointed a priest to take
charge OF 1t II was in existence on Aug:
t Z; .sts. 'h abo aay r of the f'g fG: So Of the fse p af, e.
Bay Company, they lived inside the picBe cts.
only right and title TO the land in their pos
session was the consent or permission of Mr..
Douglas.
the governments of the. United States and
Great Britain; II va, provided
co The po sHd % ri TishtT Of the ands son. Bay
be in the possession Of land or other property
lawfully ACQUIRED within the said territory
IL NJ. ,e,n NIa;a. u.,h.ua, - ~. J-z,4.A
States Army with a company Of soldiers. ar.
rived at Vancouver and rented from the Hud.
son Bay COMPANY. buildings for quarters for
his troops; and with the consent OF. the COM
pany established a camp upon the land later
in dispute. In October, 1880, Col, Iorina, COM
manding the United States troops at that place.
four miles square. with definite
boundaries and including this land, On Dec.
s. 1854, Col. Bonneville. commanding officer
at Vancouver, reduced the area Of the reserva-
ton to $40 acres, caused the same TO he sur
veyed and new boundaries marked. At tho
time the buildings and improvements
%of aH.GH, "e Sn ssFRS!G Is. 1s5 y the & eG catholic S1 % BissGp
Of Nci;GnailE laid claim lair to the land b fling
followed M by proceedings in the Land Depart
rmenL which resulted in a final DECISION by
1872, sustaining the claim Of the plaintiff 70
a small tract, less than half an acre, on which
me cnurCn Dullnlns STOOD, Dut denylnR " AZ
10 the rest. On Jan. Is. 1878. the President
a final survey and plan Of the MILF
tary reservation. confirmed the previous &C.
ton Of the War Department, and declared
the reservation 10 be duly set apart for mill
tary purposes.
Meanwhile, on July l.. 1859, a treaty between
the | nited States and Great Britain, whereby
II was agreed to be desirable that all questions
with respect 70 poSsessory rights Of the Hudson
Bay and Puget Sound Agricultural Companies
or of any other British subjects in Oregon
and Washington Territory should he settled
by the transfer Of such rights for an adequate
money consideration To the Government Of
the United States. A commission appointed
accordingly awarded so50.OOo in full eatis-
faction of all such claims made. II did not
appear that any claim was then made by the
plaintiff.
Tho Justice pointed out that the Act Of 1aS
did not grant 10 tho mission $40 acres. but q
tract not exceeding 90 acres and occupied
AZ the ttms of the passage OF the act as mis-
4ionary stations. All that this could refer
10. he declared, was the actual church site.
for the Hudson Bay Company was in posses
long before the coming OF the two mis-
~sionarios, and did not yacate, and surrender
Ia own possession. except perhaps 70 the eS-
tent Of the actual church site, when II granted
TO build n church on its grounds.
He likeued tho claim before him 10 n claim
fo tho whole ci'v Of Washington. which might
be set mp by n mission acquiring tito TO a lot
there and erecting on II a building