Early Oregon Land Law
Bill Long 7/22/06
On July 5, 1843 the Legislative Committee, elected on May 2, returned with its report regarding setting up a Provisional Government in Oregon. While I don't have the text of the entire 1843 Organic Act here, I have found the 1843 provisions on land, which are among the most important in the Act. In addition, as the following essays show, I am posting for the first time on the Net the entire revised Organic Act as it was approved in 1845.
I wanted to present the text of the land law not only because it is not otherwise available online but also because the basis for one of the most significant Congressional legal enactments in the 19th century--the 1850 Oregon Donation Claim Act. Here it is:
The 1843 Oregon Land Act
Art 1. "Any person now holding, or hereafter wishing to establish a claim to land in this territory, shall designate the extent of his claim by natural boundaries, or by marks at the corners, and on the lines of such claim, and have the extent and boundaries of said claim recorded in the office of the territorial recorder, in a book to be kept by him for that purpose, within twenty days from the time of making said claim--PROVIDED, That those who shall already be in possession of land, shall be allowed one year from the passage of this act to file a description of his claim in the recorder's office."
Art. 2. "All claimants shall, within six months of the time of recording their claims, make permanent improvements upon the same by building or enclosing, and also become an occupant upon said claim within one year from the date of such record."
Art. 3. "No individual shall be allowed to hold a claim of more than one square mile, or 640 acres in a square oblong form, according to the natural situatoin of the premises; nor shall any individual be allowed to hold more than one claim at the same time. Any person complying with the provisions of these ordinances, shall be entitled to the same recourse against trespass, as in other cases by law provided."
Art. 4. "No person shall be entitled to hold such a claim upon city or town sites, extensive water privileges, or other situations necessary for the transaction of mercantile or manufacturing operations, and to the detriment of the community--PROVIDED, That nothing in these laws shall be so construed as to affect any claim of any missioin of a religious characgter, made previous to this time, of an extent not more than six miles square."
My Comments
Five observations seem relevant from reading these articles.
1. First, is the recognition of different time periods for people who claimed land at different times. There were not more than several hundred people of European descent in Oregon at this time, and many of them had already made claims, but under which law and for how many acres was probably shadowy. This Act tried to "tighten" that situation up. New claims had to be recorded immediately (20 days), while older claimants had a year to record their land claims.
2. Second, is the notion that in order to keep a claim, you must improve it. Permanent improvements and residency on the claim were required, even though the former could predate the latter.
3. Third, is the amount or extent of land a person could claim. This act provides, for the first time, a figure of 640 acres in a "square mile" or "square oblong form." Other previous federal land acts had specified a price per acre or a smaller limitation on acreage, but here, as far as I know, the figure of 640 acres appears for the first time in American law.
4. Fourth, is the recognition that an individual's right or claim to land must be subordinated to the good of the community. This, actually, is a very useful piece of practical and philosophical legislation, because it recognizes the roles of both the individual and the collective.
5. Fifth, and last, is the clause grandfathering in the land held by the Methodist Church, without of course stating this in so many words. But here, the limitation is six square miles. I would place a bet on it that the Methodists didn't claim more than six square miles of land at that time...
Revisions of the 1843 Act
On two occasions in 1844, the Provisional Legislature tinkered with this enactment. First, on June 25, 1844 the act was amended to provide that a person might hold town lots in addition to a land claim; that permanent improvements must be made within ten months of setting up the claim; that no one was entitled to hold land except if he was a free male over 18 years old, unless he was married and then he could hold land under 18 years old--if, however, he would be entitled to vote if of lawful age; and widows also could hold land. Finally, he would have the common law remedy of forcible entry and detainer against intruders.
On December 24, 1844 the act was further amended to provide that a claimant might occupy his land either in person or by a tenant. It was further specified that 600 acres of land clould be in the prairie with 40 in the timber, without needing to adjoin one another. In addition, two persons might hold 1280 acres jointly. This could easily lead to some confusion, which was cleared up by the 1845 Organic Act revisions--which are the subject of the next essay.
1978
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