Morrison Waite

“ By the requisite residence and cultivation accompanied by the prescribed preliminary notice and proof of claim and settlement, the alien settler could perfect his right to a patent as soon as he completed his naturalization, but until he was in a condition to 'prove up' for a patent, his rights in the land were 'possessory' only. ”

“ The case, therefore, in this aspect, presents the question directly whether the heirs of a settler under the Oregon Donation Act, who died before the expiration of the four years' residence and cultivation required, took by descent from the settler, or as donees of the United States. If by descent, it is conceded the settler had a devisable estate. ”

“ Having completed their settlement, and nothing remaining to be done but to get their patent, their estate in the land was one they could devise by will, or which would go to the surviving husband or wife and children or heirs of a deceased married person. ”

“ Under the operation of treaty stipulations for a joint occupation of the Territory, extensive settlements had grown up, and the people in governing themselves had adopted land laws which made occupancy the basis of ownership as between settlers. ”

“ Provided, that no alien shall be entitled to a patent to land, granted by this act, until he shall produce, to the surveyor-general of Oregon, record evidence that his naturalization as a citizen of the United States has been completed ”

“ The fifth provides 'that to all white male citizens of the United States . . . emigrating to and settling in said Territory between the first day of December, 1850, and the first day of December, 1853, . . . who shall . . . comply with the foregoing section, and the provisions of this law, there shall be and hereby is granted the quantity of one quarter-section . . . if a single man; or if married . . . the quantity of one half-section . ”

“ Under this only free males, over the age of eighteen, who would be entitled to vote if of lawful age, and widows, were entitled to hold a 'claim,' save that a married man under eighteen was not debarred. ”

“ Permanent improvements and continuous occupation and cultivation were essential to the preservation of the rights conferred. Following this was the 'Land Law,' contained in the organic law of the provisional government which went into operation in 1846. Ter. Stat. Oregon (1851) , 32, art. 3. This law relaxed somewhat the stringency of the former act as to actual occupation, and extended the privilege of establishing claims to all residents of the Territory. By the act of Congress creating a territorial government for Oregon, approved Aug. ”