Dr. John McLoughlin, the Father of OregonHolman, Frederick V.
History
Dr. John McLoughlin, the Father of Oregon
Holman, Frederick V.
McLoughlin, John, 1784-1857; Oregon Territory -- History
"4th. He is not in fact the Claimant. The Hudson's Bay Company, a
Foreign Corporation, is in fact the Claimant while Doctor McLoughlin
only lends his name; well knowing, that a Corporation even though it be
an American one, can not acquire a preemption. This is evinced by the
employment of men to be his Agents and to sell lots for him, who are at
the same time partners in and receiving dividends and Salaries from the
Company.
"5th. The pretentions of Doctor McLoughlin arose, if at all, two years
and six months after the actual Settlement of Mr. Waller; and therefore
they are in direct violation of the Treaty of A. D. 1827: Converting the
mutual and joint occupancy into an exclusive occupancy by British
subjects.
"6th. The Treaty of joint occupancy [1827] does not and was never
intended on the part of the United States, to confer any rights of
citizenship upon Foreigners. The Power to confer such rights is by the
Constitution reserved to Congress. And the right to acquire title by
preemption is peculiar to citizens.
"Those fellow citizens are the Facts and some of the Points of Law in my
client's case. Upon the same principle contended for by Dr. McLoughlin,
any of you may incur the risk of being ousted from your Farms in this
Colony, by the next rich foreigner who chooses to take a fancy so to do,
unless in the first instance, you come unanimously forward and resist
these usurpations. It is not my client's intention to wrong any who have
purchased Lots of the Doctor, and to guard against the injury which
might result to individuals in this respect, I have carefully drawn up
the Form of a Bond for a Warantee Deed, which Mr. Waller is at all times
ready, without any further consideration, to execute to any person who
has, in good faith, bought of the Doctor, prior to the date of this
notice, by being applied to at his residence. Mr. Waller does not
require one cent of money to be paid to him as a Consideration for his
Bonds--the trouble, expense and outlays they have already incurred, with
the desire to save all such persons harmless from pecuniary loss, is a
good and sufficient Consideration in Law to bind him in the proposed
penalty of One Thousand Dollars. See Comyns. Digest, Assumpsit B.
"I am of opinion that Mr. Waller has rights in the premises, which
neither Doctor McLoughlin nor even Congress by any retrospective
legislation can take away from him;--and therefore, fellow citizens, in
sincere friendship, I would counsel you to lose no time in applying to
him for your new Bonds.
"JOHN RICORD,"
"Counsellor in the Supreme Court of
the United States and Attorney
for Alvin F. Waller."
"Dated 20th December, 1843."
Public-domain text, read in full here on John Shaqi.
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