David Josiah Brewer

“ So, in the act before us, congress, recognizing certain possessory rights, flowing from occupancy, made a donation to the occupant of the premises so occupied to the extent of not exceeding 640 acres. That this was a donation, instead of a grant of the right to purchase, is immaterial. The donation feature was inserted because of the benefits supposed to flow from the religious work of the mission, and proceeded upon the same principle that exempts from taxation the property of religious organizations. ”

“ The pioneer has always been regarded as entitled to favorable consideration, and while his occupancy has not been deemed, of itself, sufficient to establish title to the soil, yet it has been held to give him certain possessory rights, which are the subject of contract, and create a superior equity in respect to the acquisition of title. ”

“ From this it appears that there must be occupancy, and the extent of the occupancy is one limit of the grant. This occupancy must be independent and separate, and not inferior and subordinate. It must be an occupancy in one's own right, and not under and dependent upon another. ”

“ The facts in that case were that in 1836 the Methodist Episcopal Church established a missionary station at The Dalles, in Oregon. In 1847 that church transferred the station to the American Board of Commissioners for Foreign Missions. The American board continued in occupation for a short time, but, one of its missionaries having been murdered by the Indians, it, through fear of Indian hostility, temporarily, at least, abandoned the mission, and at the date of the passage of the act of August 14, 1848, there were no missionaries at The Dalles, and no station in actual occupancy. ”

“ It is not necessary that with each grant there shall go a direction that its administration shall be under the authority of the land department. It falls there, unless there is express direction to the contrary.
But the contention of the plaintiff is that there was error in the construction of the statute, and in respect to a matter of law. ”

“ It is only in that extent of territory that they will establish missions, and it is particularly recommended to them not to form any establishment on the lands, the possession whereof is contested by the United States. They will be allowed, however, in conformity with the indult of the holy see, dated February 28, 1836, a copy of which accompanies the present, to exercise, when needed, their faculties in the Russian possessions as well as in that part of the American territory which joins their mission. ”

“ They were the subjects of bargain and sale, and, as among the parties to such contracts, they were valid. The right of the United States to dispose of their own property is undisputed, and to make rules by which the lands of the government may be sold or given away is acknowledged ”

“ As they cannot rely entirely upon the resources from the Association for Propagation of the Faith, established a year ago in this diocese, to provide for their sustenance, and the construction of the chapels and houses which they will establish in various places of their mission, they will induce the White inhabitants and the Nations of the country to contribute for these objects as much as their means will allow them. ”

“ In order more promptly to render themselves useful to the Nations of the country where they are sent, they will, from the first moment of their arrival, apply themselves to the study of the Indian languages, and will endeavor to reduce them to regular principles, so as to be able to publish a grammar of them after some years of residence. ”

“ Hathaway, of the United States army, with a company of soldiers, arrived at Vancouver, and rented from the Hudson Bay Company buildings for quarters for his troops, and, with the consent of the company, established a camp upon the land in dispute. ”

“ They will apply themselves with a particular care to the Christian education of the children, establishing for that purpose, as much as their means will afford them, schools and catechisms in all the villages which they will have occasion to visit. ”

“ With these instructions the two parties named proceeded to the territory of Oregon, and arrived at Vancouver on November 24, 1838. The former of the two was still living when this case was commenced, and his testimony was taken, he being at the time archbishop of Oregon City. He testified that in connection with his associate he § tablished a Catholic mission station at Vancouver, as well as at two or three other places in Oregon; that when they established the Vancouver station there were many Indians in the neighborhood ”