William Burnham Woods

“ The title was in the United States, subject to the possessory Indian title to portions of the territory, and there was no law by which any person or company could acquire title from the government. All persons, therefore, who settled upon the public lands acquired no rights thereby as against the government. They were merely tenants by sufferance. The most they could claim was the right of actual occupancy as against other settlers. Such an occupant could yield his right of actual possession to another settler. ”

“ When the appellant was in the occupancy of the premises in controversy, and when it made the transfer of possession in August, in controversy, and when it made the transfer of possession in August, 1847, and until the passage of the act of August 14, 1848, 'to establish the territorial government of Oregon,' that part of the country was without an organized territorial government under the laws of the United States. ”

“ Brewer-the latter two, up to the date of the transfer, having been in the occupancy of the mission left the station immediately after the transfer and went down the Columbia river. They carried off their movable property which had not been sold to Dr. Whitman. Dr. Whitman, to whom the station had been transferred, remained there a few days and then returned to his home at Wailatpu, distant about 140 miles. He left his nephew, Perrin B. Whitman, a youth 17 years of age, at the Dalles, in possession of the buildings which had been occupied by the Methodist missionaries. ”

“ This included a large canoe farming utensils, fanning-mill, some wheat,' etc.
Payment of the $600 was made by a draft drawn by Dr. Whitman, dated in September, 1847, upon American Board. Mr. Roberts, the Rev. Alvin F. Waller, and Mr. ”