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Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, January 05, 1861, Image 2

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that (lie military resources at my dispo
sal will bo promptly and actively em
ployed wherever the protection of the
citizens from the hostilities of liul'ians,
or the punishment of Indians for past
outrages 'or a preventive against fu
ture hostility, may render it necessary.
Unless disturbances occur iu another
quarter, not now to he anticipated,
which may cause a division of the mil
itary force underlay command, I have
troops enough to secure the immigrant
route within the limits of the depart
ment from danger on the part of the
Snake Indians. All that is necessary
is the money to furnish the transporta
tion of supplies indispensable, and for
thojestablishnieiit at Fort Boise.
I am, Sir, Very Respectfully,
Your Obedient Servant.
Col. Oth Infantry, Coiudg.
THE \VASHI\(iTO\ STAMl\lll).
'•The people of these t.'nitol States an. the
rightful musters of both Congresses ami Courts,
not to overthrow the Constitution, l-tit to over
throw tlie men who pervert the Constitution."
Senator Trumbull's Speech.
On the outside of to-day's issue will
l»e found the speech of Senator Trum
bull, oil tlie 20th November last, at
Springfield, II!., 011 the occasion of a
• serenade to ABRAHAM LINCOLN, Presi
dent Elect. Apart from its intrinsic
merits, as the well matured sentiments
of an able Statesman and an honest
man, it derives importance, in the pres
ent juncture of affairs, from the fact
that Mr. Lincoln was present at its de
livery, and the inference is sought to
bo drawn, that it foreshadows the policy
of the incoming Administration. Talc
ing this view of it, we fearlessly com
mend it to every candid man, every
lover of his country, as purely national,
eminently conservative, and ably calcu
lated "to throw oil upon the troubled
"We were not a little surprised by the
last issue of the Pioneer and Democrat,
although entirely with-holding the
speech itself from its readers, assailing
that speech, garbling its language, and
criticising sentiments, the promulga
tion of which, will be vainly looked
for in the speech—ifeC'll. \\ e invite a
careful reading of it, and we boldly in
quire, "does it deal in vague generali
ties?" as charged by that journal.
Does "it show either an extreme care
lessness in defining Mr. Lincoln's posi
tion or an extreme care in avoiding
' that definition ?" The Pioneer so al
leges. Is this charge true ?
We do not care to know Mr. Lin
coln's policy, till his inauguration
makesit necssary for hiintoaimounccit.
It is enough for us to know that Senator
Trumbull, speaking in his presence, 1
assures 11s what we so well believed
before, that " wlien Mr. Lincoln be
comes President, lie will be the Presi
dent of the Union, not ol' the Republi
can party: that he will protect and de-1
fend the Constitutional rights of all of j
the States, not merely of those who cast
their votes for him." The careful rea- j
der of our Federal Constitution need
have 110 difficulty in ascertaining what
"rights" are coded to the general gov
ernment; having learned that, he has !
sufficient intelligence in regard to the
"reserved rights" of the States, so much
prated about by secessionists and nulli
fiers. It was not Senator Trumbull's
business to deliver a lecture upon the
construction of that sacred and plainly
written instrument, nor was it his fault
that the editor of the Pioneer is igno
rant of what thfc "reserved rights" of
a State are. So far as the " negro ques
tion" is concerned, and that is the great
bugbear agitating the country, Mr.
Trumbull is very explicit; we cannot
see why even the editor of the Pioneer
can fail to understand. Ile says, and so
liave said all of Mr. Lincoln's speeches,
u that to the States is left the, control of
their domestic institutions and that the fir.
■publican Part'/, the citizens of the North,
and the general government itself hare
no move right to interfere irith slavery in
the States, than with serfdom in Jtussia."
The editor of the Pioneer , if he will
study a little of national politics and
what the Republican creed really is,
and forget the usual Democratic argu
ment the last six years of bandying op
probrious epithets, such as "Black Re
publican," "fanatic," "irrepressible con
flict," "abolitionist," "amalgamation
ist," &e., he will at the proper time
for Mr. Lincoln to deliver his inaug
ural address, know sufficient to appre
ciate it. That editor boasts that the
Democrats have the Legislative and
J udieial Departments of the govern
ment against Mr. Lincoln's administra
tion. Why then this anxiety to force
from Mr. Lincoln the expression of his
line of polii y. while the Democrats .-till
have ttV of the Department# ot the gov
ernment? Mr. Lincoln does not com
mence his administration till -Ith of
March and it would be highly
improper, to say the least of it, for hi.*
now advancing his views.
| The allusion of tin* Pioneer to
Trumbull's remarks on the Fugitive
Slave Law and its execution is ex
tremely unfair. Mr. Trumbull's speech
justifies no charge of dishonesty or
evasion, lie says, "that if the charge
he true, that such law is practically nul
lified at the North, South Carolina is
not affected in the least, and has no
just occasion for complaint. The bor
der States are the sufferers." We go
farther, and assert that the Clulf States
are benefited pecuniarily, by slave prop
erty being made uncertain and dillicult
to keep in the bonier States, thus stim
ulating an anxiety on the part of citi
zens of such border States to dispose
of that property, thereby cheapening
the value, of the human chattels, in
which South Carolina so loves to deal.
Indeed in seeking a reason to justify
South Carolina's recent disunion antics,
we have been forced to adopt the the
ory of the conservative Union men re
sidingin the border States, that the lire
eaters of the gulf States have raised all
this agitation to cheapen the price of
j The 'Pioneer regrets Mr. Lincoln has
: seemingly authorized Mr. Trumbull to
; take hold i/round against scei'ssuai. Whv
then did that papi r assume to condemn
Joe Lane for his ridiculous effusion in
I favor of secession ? It won't do. That
journal cannot condemn Joe Lane for
secession, and in the same issue de
nounce Senator Trumbull for that glo
rious prophetic avowal <>[" what is to be
the key-note of the Lincoln adminis
tration. ."The f'nion, it mast and .shall
be jiresem d, and ,ror ID the 'J radars irho
are marshah d itga>nsl't. '
Republicans have the right to ask a
suspension of opinion in regard to Mr.
Lincoln's administration until he shall
have committed sonic of those dreaded
acts, haunting the imagination of the
editor of the /'loneir. There will then
be time to criticise and condemn.
Suiely, with a Congress against the
new President, a party majority on the
Supreme Bench, which painful and hu
miliating as is the reflection, Democrats
boldly rely upon to be partisan, where
can be the danger? And though we
cannot credit it, that even that Bench
which gave life to the heresy baptised
the Bred Scott decision, are as partisan
as that journal claims for them, yet do
we assert, that as il is claimed by high
Democratic authority that the Legisla
tive and Judicial departments, are ad
verse to the Executive, surely, the /'/«-
neer ought to be content, until some
wrong is attempted.
We regard Mr. Trumbull's speech
as the opposite of what the Pioneer
portrays it, in the following language :
"We would rather view it as a cam
paign speech made in the heat of a
great election excitement, when the
smoke had hardly cleared from the bat
tle field, than as a calm production."
That speech his been read from the
shores of the Atlantic to the Pacific,
from the Gulf of Mexico, to our north
ern boundary. Conservative national
men, patriotic journals every where
without regard to party have com
mended it as a well timed effort, calcu
lated to allay sectional strife, and call
the whole country to a calm determina
tion to give Mr. Lincoln's administra
tion a fair trial, before countenancing
the commission ot that most horrid of
crimes, Treason to the Xational Union.
Republicans of Washington Territo
ry, be not dismayed! Just such mis
representations of our principles as is
made by the Pioneer of Sir. Trumbull's
sentiments, together with branding our
party with epithets odious to the peo
ple, have been resorted to for years,
and by such arguments alone have we
been worsted in popular contests. You
now have a jnrxs which will assert your
right*, advance the standard of our
party in every combat with the Democ
racy, and untiringly labor to cx
pose such perversions of truth. In a
short period—we bide the time hope
fully—the lofty patriotism and true
nationality of the administration of
ABIIAUAM LINCOLN will furnish the ref
utation of all such charges. We have
no fear of the result. Then will be
demonstrated all we claim for our prin
ciples : that the government must be
administered in accordance with them,
would the people desire to secure pros
perity to the Union and the preserva
tion of our National Constitution.
| TlM.' re-election of Senator Trum*
bull ir certain.
Indian Troubles.
Tlie A'ltrcrfiscr says there is reason to
four that wo stre on tlio eve of another
Indian war. We have information
wliieh is deemed reliable that. Major
Owens, Agent lor the Flat Head In
dians, has made a requisition upon the
military authorities for troops to pro
tect the settlers in his district of country.
—This requisition came in by express,
and after the letter alluded to below,
had been dispatched from Fort Owen.
In a letter addressed to Mr. Geary,
Supt. of Indian Affairs, and received
last night, dated at I litter Hoot Valley
on the 3d inst., and which that gentle
man luu kindly permitted us to quote
from, Major Ow ens says:
" l have just dismissed a delegation
of Snake and Salmon Falls Indians.
Tliev are in the most destitute condi
tion. Charges have been tiled against
them of killing cat tie here belonging to
our settlers. They don't deny the charge
and their appearance confirms the rea
sons they assigned for proving on the
property of others, which was nothing
loss than obedience to the first laws of
They have already killed some twen
ty head of stock belonsjinir to the sct
-11 el's in IK-or Lodjye valley, and openly
threaten to exterminate the ncwly
tled«;ed colony. llow loni; it may he
before the walls of Fort Owen may he
put under contribution for the protec
tion of our settlers is not known. Il
would not surprise me at any moment.
Steps are already beini; taken for the
organization ol'a mounted military com
pany for our own protection. AVe do
not know at what moment the call may
he blown to take the saddle for the
distant and unprotected settlement of
Deer Lodire valley."
CtinisT.M \s AM) Ni:\v Yi: \it. —These
holidays were celebrated * with great
spirit by our citizens, the weather being
exceedingly pleasant for the wintersea
son. On Christmas Day, religions ser
vices were held in the various churches
coinniemorafivo of the occasion, and
our citizens generally vied with each
other iu making good cheer. 15lit
Christmas is peculiarly " Young Amer
ica's" holiday, standing in the same re
lation to hi in as ilocs the Fourth of .1 uly
to those of maturer years—a day of uni
versal independence. Then it is that
—to use a "vulgarism"—Young Amer
ica "feels his oats" hugely. On this
occasion we noticed a company of boys,
iu battle array, parading the streets,
headed by life and drum, and woe to
the unwary one who refused to accede
to their very modest rc/inst, " A Merry
Christmas!" which when iutroprcted
means, "ifyou are blessed with a sur
plus of the 'invincible,' please recipro
cate our good wishes." At three o'-
clock, the Olynipia J trass Band dis
coursed sweet music from the verandah
iu front of the Washington Hotel, and
the day closed with a ball at the Wash
ington. New Year's Day, was opened
with a ball at Tumwater, and another
at Steilacooni. The day was princi
pally devoted to that time-honored cus
tom—making "calls." We noticed
several parties who must have been re
ceived very cordta/h/ by their fair friends,
as they seemed to be in the best o{ spirits.
P.iusK Ri sixkss, —The Colonist savs,
»• 7
over the Sound must be a brisk place
to settle down at. Yesterday a gentle
man located at one of the small towns,
received tho following from his part
ner :
Dear : Yours received, contents
noted, Husincss lively—sold a jacknife
yesterday. , our neighbor across
the street, disposed of a shirt to-day.
Yours, .
I'. S. "Both sales on a liberal credit.
Jacknives and shirts, consequently,
looking up.
The special election for a Representa
tive tor the County of Lewis, to till the
seat declared vacant hy the J louse, took
place on Wednesday, Dee. 26th, 1800.
The following is the result hy pre
cincts : Stearns, (Rep.)— Hois Fort, pre
cinct 12, Clatpiato IK, Cowlitz 31, Ne
waukuin 2, total 68. Winston (Dent.)
Hois Fort 6, Claquato 10, Cowlitz 7,
Xowaukunt 8, total 40.—Majority for
Stearns, (Hep.) 23.
kindness of Mr. Jones, we have been
tendered a complimentary invitation to
uttend the Hall to be given next Tues
day evening, January, Bth, at Washing
ton Hall. With the best music mid
hall in tliuTerritory, this ball cannot fail
to be a brilliant affair. We hope to
see it well attended.
publication of the lioseburg
E.rprc<' has been discontinued.
Dec. lOlli, 18(50.
Gatherings by the Wayside.
Christmas passed oft'quietly in Fort
land. The usual religious performan
ces were had—the children made happy
—and all enjoyed a pleasant holyday.
Great confidence exists in Oregon
of the speedy payment of the war debt.
The fact is complimentary to the new
Congressional delegation. It is in
contemplation to run steamers to the
gold diggings 011 Clear. Water river,
next Spring, provided that these dig
gings shall ho found not to he on the
Indian Reservation. The daily mail
failed to reach Portland several days
last week, from California, in conse
quence of high water in Southern Ore
gon. The cocoons sent by Mr. Pro
vost, of California, to the silk-worm
raisers of France, have been pronounced
livthein to be of the best quality.
\\'m. .1. Hoggs, late assistant editor of
the left Portland on the
steamer of the 14th ult. for California.
The receipts for postages for the
quarter ending Sept. 30, of the year
ISIIO, between California and the Fast
by Overland stages is §.'>7,000, against
by the < )coau steamers. \Vhen
tlie difference in the rate of postage by
the two routes is considered, the figures
most flatteringly proclaim the prefer
ence of correspondents for the stage
line. The postage on letters by steam
er is ton cents, hv static three cents.
—Twonty-two ]>livsu-isins in New
I'ork City are said to earn iiiinitalh
from SIO,OOO to $40,000, and of this
nninlx'i* four arc liojneopatliists.
i Tin l steamer California was advertised
j to leave Sail Francisco on the 2!' th lilt.
The military company which was
sent to the Nez 1 Vrce country to induce
tlie miners to leave that region have re
j turned to Walla Walla. They were
unable to reach the mines, in conse
quence of the mountain passes being
blocked up with snow. We hope that
the boundaries ot'the Reservation may
he definitely established bclbre serious
' dilliciilties ensue. A moniiinent is
about to be erected to Rishop Hooper;
Jon the spot where he was burnt. A
i lew years ago the remains of the stake
and chain were excavated there.
The Portland papers justly complain of
the wretched condition of the streets
at that place. If a portion of the money
which is expended in lighting the city
with gas, was appliediu grading, build
ing side-walks, and removing rulibish,
a greater benefit would be accomplished.
To use a "Serantoiiian'." I'ortlaml is
striving Ibr "grandeur," and is deter
mined not to hide her H<ihl. There
are 1 .">,OOO hotel and tavern keepers iu
New York State. The steamer Ore
//./«. which left Portland on the 27th,
took down 'I,OOO boxes of apples; (!."»()(>
sacks of flour; hides, chickens, lard,
&e. The low price at which freight is
carried results very nnich to the advan
tage of pro(luccis. The Mmmtaiueer
savs, an order has been issued by Col.
Wright. removing the head-quarters
of the Fourth Infantry from Vancouver
to the Italics. This plan will place
Maj. Scott Ketchuni, ot'the 4th Infant
ry in command at that post. Many
children in Oregon have died by that
dreadful disease dipthcria, or putrid
sore throat. We learn that in Clacka
iiinas county, tour children, in one liim
il v died in the space of a week. An
exchange says flirt California wheat in
New York markets commands 81 30
and $1 4."». A very choice article com
mands even a higher rate. The
steamer Santa (hiz left Portland for
Victoria on the 81st ult. The steam
er Pacific ou her last trip to S. F. took
down i,. r »00 barrels of flour and 4,100
boxes ofapples. The hark Ork, Capt.
A. Y. Tntsk, arrived at Webber's
wharf, Steilaeoom, on the 28th ult.
Chang and Kng, the celebrated Siamese
twins, are on exhibition in San Fran
cisco. They will extend then* tour
through Oregon. (.low Whiteaker
pardoned Livingstone for assault with
intent to kill, lie had been in the Pen
itentiary three years and a half, and only
had six mouths longer to serve.
The London journals pronounce the
Great Eastern a complete failure.
The Portland Daily Actcs has been dis
continued. The latest news from
the Wenatchee gold diggings represent
the weather as favorable. The dig
gings continue good, but the miners
would soon bo compelled to go into
winter quarters. It is said that silver
mines have been discovered up Young's
river, opposite Astoria. McGowan,
Delegate from Arizonia, is instructed
to ask for the admission of that Terri
tory into the Southern Confederacy.
At the late election in Arizonia, it
is said that about live times as many
votes were polled as there were voters
living iu the country. The Ala
bama Legislature authorized a tax of
§200,000 for secession purposes. The
people in Montgomery county passed
bitter resolutions against the measure.
The newLindell Ilotel in St. Louis
is 270 feet by 227 feet, and will cost
$700,000. TlioN. O. Delta savs that
"tho great danger in' Mr. Lincoln's
"election is, that he will administer the
government honestly, and therefore in
sur(> the continued strength of tho Re
publican party." We learn from the
Missouri Republican that a detachment
of troops will proceed from "NValla
Walla to the scene of massacre on Sal
mon river to obtain the survivors in the
hands of the Indians and to punish the
aggressors. Too good to be true.
It is said that one thousand letters were
deposited in tho Post Office in New
York the day after tho Presidential
election, addressed to Abraham Lin
-1 coin. The negro suffrage amend
meat to the New York Constitution
was overwhelmingly defeated at the re
cent election. The Attn (jalifurwin' 8
correspondent in Illinois,writes: "Mr.
Lincoln expressed a great deal of plcas
at the election of Col. E.' 1). Baker as
U. S. Senator from Oregon, and said
he knew Bilker to be a true man for any
emergency." The ladies of the Con
gregational Church, in Portland, have
presented their pastor's wife with a
sewing machine. President Buch
anan has disposed of every dollar's worth
of stocks owned by him in New York
within a few weeks past. An elope
ment recently took place at Portland.
The happy couple took a small boat and
paddled down the river. They doubt-*
less have started in life determined to
paddle their own canoe.
From the Mines.
The following letter was received by
W. N. Avers, Esq., from a reliable
gentleman formerly of this place:
AMERICA CITY, Nov. 26, 18G0.
FRIEND AYERS— Sir: I promised to
write to you and give the news from the
mines. I arrived here from the Dalles
on the 16th inst. There was some min
ing going on then,but it is now closed.
"We have no snow, but it is getting too
cold to mine. There will be about
1.000 men, all told, at Rock Creek,
Okanagan and here, during the winter,
which will last up to March, next when
mining will commence again. These
pay very well there are some claims
that do not pay working. Noland,
Swart & Co. have the richest diggings.
They three took out S7OO in one day,
20 l'cet deep. They have taken out
pieces weighing $2 50 and $8 00, and
Weil & Co. one weighing $32. Noland
& Co. have taken out §7,000 since last
May, when they first commenced min
ing. New diggings arc being discov
ered down Kettle river, in our good old
I'ncle's territory, which is probably
the bc-t we know of as yet. New dig
giugsare also beingfouml up the Okan
agan river, towards Eraser. The \Vc
natchce mines arc attracting sonic at
tention. This stream takes itsriscnear
the Sno(|ualmic Pass, or Terry's De
feat, as some of the Seattle folks ("all it.
Its course is nearly duo east, and emp
ties into the Columbia, 60 miles above
Priest's Rapids.
Valley Flour is selling here at S2O
per hundred: Colville Flour, sl6; Ha-J
con, . r jo<\; Beef (fresh) 1 "> and 20c.. and
everything else in proportion. What
we want now is a good wagon road
from the Dalles to Kettle river—one
upon which we can put our six-mule
teams, and freight our goods at a better
advantage. Packing is the last resort
of transportation in any country. It is
done at great expense, and is, at the
best, a very hard slavish work.
There is nothing else of importance
to write. Old Abe must certainly be
elected President, for the air is as cical
as a bell—we have not had a cloudy day
for the past week. I doubt whether
we will hear the result »f the election
this winter, for the snow will soon
close up the land communication over
the hills, iind we are all to ourselves.
If there were stations on the road, this
would be a fine country for traveling
in during winter. The snow is not too
deep for good sleighing, and we have
none of your Oregon mists up here.
Respects to all. lam,
Respectfully Yours,
News from the Interior.
Bv the Carrie La<l<l hist evening, we
received news from St. Mary's valley,
forwarded from Walla Walla on the
18th inst. We have not space for the
whole letter to-day. Among the most
important items which it contains, we
insert the following:
Numerous settlers from the Dalles,
Walla Walla and Colville, have recent
ly located in the Bitter Root valley
and llellguto lionde, and several trail
ing posts have been established. An
emigration lias settled in Deer Lodge
A Mormon having ten men under
him, and a large band of stock, had ar
rived at the Deer Lodge to prepare the
way for a large eolony of Mormons in
tlie Spring. The settlers are disturbed,
and have advised the Mormon to leave.
This he refuses to do, saving that he
will reitfciin and abide the consequences.
The Salmon river Snakes, or Ban
nocks, have attacked the white settlers
at Beaver Head, killing many of.their
cattle, and forced the settlers to fly to
Deer Lodge for protection. These In
dians have about (>OO warriors, ai.d are
very defiant. They are the murderers
of the emigrants, ami Deer Lodge and
Heaver Head are their old mustering
The Flathead* and Pend d'Oreilles
are very much disaffected about their
reservation, and there are numerous
whites in tlie valleys who will not res
pect the authority of the Government
agent there, but are constantly inciting
the Indians to acts of aggression.
A strong military force is urged as
of immediate necessitv.
On the 30th Dec. an express arrived
from Fort Hen ton, which reported that
thePcnd d'Or'n lUs at Buffalo fought the
Assiuaboines mid had ten men Killed,
and 20 wounded, and lost 300 horses.
The chief A lexander's son was killed.
Ten bodies of Indians were found at an
old Sioux camp, and the conjecture is
that Capt. Reynold's party of U. S.
Engineers have had a brush with the
Sioux. 'J'iiiH'e . Dec. 29th.
Usury Law.
! EDITOR STANDARD I understand
! there is a bill before the Legislature,
designed to establish a usury law. I
have not learned its provisions. But I
think a law restricting the rate of inter
t est within just lifnits, is urgently called
j for. The present rates of interest e.v
; acted, are 111 my judgment, far greater
than in justice should be asked, or by
;an honest business can be paid. Many
j of our first settlers have been rendered
i bankrupt by paying it, and some of our
best citizens arc struggling with despair
ing energy to pay the intercbl upon a
principal utterly beyond a reasonable
hope of liquidation. Very well, some
say, money is worth what it will bring,,
and such men need not have hired the
money. But in what sense is monev
worth* what it will bring ? Is it worth
it because, a few individuals have
money and they have an understand
ing tacit or expressed, that they will
charge a certain per cent? By tins
rule, money it is said, has been worth
six per cent a month. But we need
only to look around us to see that the
laboring men of the country, the class
who must sustain and build up our Ter
ritory, cannot pay a interest
than is customary in the Atlantic States,
And if they are imprudent enough to
attempt it, they ought to have law or a
guardian to prevent them. But it is
said if this large interest is not allowed
the capital will leave the country. Let
it go ! 1 have known more men ruined
because they could hire money, than
because they could not. The true
remedy for bard times is hard work.
Sonic merchants say they can aliord to
pay the interest of the country. But
how? Of course by charging it to
their customers, so most of it must in
that case be paid by the labor of the
And this same rule necessarily ex
tends throughout the business of the
country. Everything is attempted to
be kept up, corresponding to this high
and fictitious value placed upon money.
While labor, the real basis upon which
all business rests, cannot at the present
time sustain such high estimates. The
I result is, a few men arc becoming very
wealthv, by reaping the fruits of other
men's labor, without really returning
to them a just equivalent. The money
lender, amtylic borrower are both in
jured. The borrower by exhausting
all his time and means to pay this
hitant interest, is rendered incapable of
promoting the educational, moral and
religious interests of the country, while
the* money lender, by an increased hard
ness of heart, has no desire to do so.
Important Decisions by the Register and'
Receiver ot W. T.
OJ.YMPIA, Nov. 14th, 1860.
In the matter of Emily A. Ebcy, wid
ow of Isaac N. Ebev, deceased vs. the
Heirs of Uebecca \V. Ebcy, deceased,
first wife of Isaac N. Ebev, deceased.
For Plaintiff—Messrs. Anderson,
llubbs find Dcnnisou. Pro Contra—
Mr. Ehvood Evans.
1. The 4th section of Donation Act,
(Sept. 27 18i>0) refers to those only,
who had become entitled to the grant
before, and died after the passage of
the act.
2. The Bth section of same act, only
includes cases, where husband died
before expiration of four years resi
3. The 4th section describes the class
of claimants, and prescribes the re
quirements of four years residence*
and cultivation.
4. The grant under the 4th section is
to the settler, not to the wife, i. e.
one half to himself and one half to
wife by virtue of marriage before-
Dee. Ist 1851.
5. As no action of wife is neeessarv i«
perfection of title, her death uous
not interfere with the settler making'
his full residence.
The facts in the case are admitted by
both, parties and proven by the papers
on file in this office. Kebecca W., first
wife of Isaac N. Kliev, was married to
him in October, 1848, and resided with
him upon his donation claim (on which
he had settled in 1850) from November
1851, to the time of her death, on the
28th of September, 1858, leaving tlireo
children now living.
Emily A., the surviving widow of
Isaac N. Ebev, was married to hint on
the 21st of January, 1856, and resided
with him upon Ins claim, from that
time to his death in August, 1857,
there being no issuo of the second
The widow, fEmily A. Ebey,) now
claims, under tlie 4th section or the
Donation Act, one half of the claim*
of her late husband, in her own
right, and an equal portion with tho
heirs, in the part which shall be assign
ed to her late husband.
That clause of the 4th flection of the
net of September 27th 1850, which
defines the rights of married persons,
" who have complied with the provis
ions of the law, so as to entitlo them
to the grant as above provided, and
who nhall have died before patent
issues" refers, as is shown by the change
of tense from past to the future, to
those onlv, who had become entitled
to the grant, before, and died after the
passage of the act, and is not applica
ble in the case of tk? first or second
wife of 1. N. Ebey.
The Bth section, provides only for tn«
death of the husband, before the expi
ration of the four years residence re
quired by law.
The 4th section describe.? what chiii

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