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220 LOWNSDALE LETTER TO THURSTON

cisive the law can be worded the better. I will here quote his wording, not as your criterion, but it is not amiss to hear all that can be said on any subject.

Said he, "I think the wording of any donation or pre-emption law for Oregon should be in these words, namely, (in the body). "Every American citizen who has settled permanently in Ore- gon territory previously to the proclamation of Joseph Lane, the governor of this territory, declaring the laws of the United States in force In the said territory, shall be entitled to a grant of 640 acres of land, laid out as described in the organic law or compact adopted by the people of Oregon territory on the twenty-sixth day of July, A. D. 1845, with these qualifications ; the said donation or pre-emption as above described shall be to the American citizens who have been the actual settlers or purchasers from the first settler the improvements made on the before described donation or pre-emption, who has con- tinued to reside in this territory for the term of three years and occupied the same and cultivated the soil during that time ; and in all cases giving the preference in location to the oldest occupancy as before described having made permanent im- provements or purchased the same from the original or as- sig j nee of the original settlement ; and continued his occupancy as assignee or purchaser of the former settler or settlers orig- inal ; in person ; or if a mechanic or professional man contin- uing to reside in the territory by cultivation by himself or hired hand or hands, so to occupy ; but this, however, shall not en- title any to hold but one such location or claim, entitling him to a donation or pre-emption. No non-resident living in any other place than this territory shall be allowed a location or claim entitling him to a donation or pre-emption in preference to a resident citizen. But in all cases the actual possessor and settler, original or purchaser of the same from the original, or his assignee, shall be entitled to the preference in location and donation, or pre-emption, on which he or his legal prede- cessors had selected and improved. Nothing, however, in the foregoing shall be construed as to give any legal claimant as before described a right to lay his claim on lands covered by another previously laid and occupied as before described but in all cases the oldest occupant and claimant shall have the pref- erence if he has continued to occupy as before described ; and be it further enacted that any widow, old maid or young girl

over the age of shall be entitled to the same dobation as

before described if such shall occupy previous to the proclama- tion or shall have resided in this territory three years or con-