As I have stated, in July, 1843, tne Provisional
Government went into effect. Its land laws were purposely framed against Dr.
McLoughlin's claim, and in favor of the Methodist Mission. These land laws
allowed any person, without regard to citizenship, who was then holding or
wished to establish a land claim in Oregon, not exceeding 640 acres, "in a
square or oblong form, according to the natural situation of the premises,"
to have such land claim. Those in possession were allowed one year in which
to file a description of the claim in the Recorder's office. Dr. McLoughlin
filed his description in 1843. The survey was made by Jesse Applegate in
1843. The record is now in the office of the Secretary of State at Salem,
Oregon. In having this survey made Dr. McLoughlin had it
extend only about half way from the falls to the Clackamas River and so as
to include not more than six hundred and forty acres. He abandoned that part
of his original claim extending between his new north line and the Clackamas
River.
Article 4 of these land laws of 1843 was the one intended
to deprive Dr. McLoughlin of his claim. It was as follows: "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, to the detriment of
the community: Provided, that nothing in these laws shall be so
construed as to effect any claim of any mission of a religious
character, made previous to this time, of an extent of not more than six
miles square." This land law was amended in July, 1845. The only
material change, so far as is necessary for the purposes of this monograph,
was that said Section 4 of the land laws of 1843 was repealed. It was after
the repeal of the objectionable and unfair Section 4 of the land laws of
1843 that Dr. McLoughlin for himself and the Hudson's Bay Company joined the
Provisional Government.
