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DAN HARRIS STAKES HIS CLAIM


Donation Land Claim Notifications
    The Donation Land Claims on Bellingham Bay were settled before the rectangular survey of Whatcom County was completed in mid-1859. Consequently, the claimants used metes and bounds to describe their respective claims. Of the individuals settling the four southernmost claims on the bay, Alonzo M. (for Marion) Poe, who had opted not to file his claim in Island County, was the first to submit a DLC notification. It was dated October 31, 1853, sent to the Surveyor General of Oregon and recorded on November 26, 1853.15 sixteen months before Harris's and O'Connor's DLC Filings and three and one-half years before Morrison's. A. M. Poe's notification contains the following description, which acknowledges the presence of the Thomas claim to the north and, hence, the inclusion in the Thomas claim of the Deadman's Point area that was later designated as Lot 1 in Section 2 of Township 37 North, Range 2 East and incorporated in the Poe Claim:
Beginning at the Southeast corner of a claim held and occupied by John Thomas, on the Eastern Shore of Bellingham Bay, a stake in the ground, running thence Southerly meandering the beach at half tide, one mile, thence East one half mile, thence North one mile, thence West along the Said Thomas South line to point of beginning - not yet surveyed.16
    A sworn affidavit accompanying Poe's notification indicates that he had arrived in the territory on October 20, 1845, and was thus entitled to a claim of 320 acres despite being unmarried and that he had settled on his claim September 17, 1853.17 Thus, Poe filed just six weeks after settling, well within the six-month period set by the DLCA. His notification was also accompanied by sworn statements from William Cullen and John Thomas, disclaiming any interest in his land and attesting to the truth of Poe's statement about the term of his residence on and cultivation of his claim.18

    Responding to a notice in the Olympia Pioneer And Democrat, Dan Harris19 and Morris O'Connor20 prepared their DLC Notifications on the same day, February 24, 1855, and submitted them to the Office of the Surveyor General of Washington Territory, where they were both recorded on the following March 19th. For O'Connor, this was nine days beyond the six-month filing time limit set by the DLCA. For Harris, it was almost three months beyond the time limit.

    Dan Harris's DLC Notification describes his claim as follows:
According to your notice in the "Pioneer & Democrat," I Daniel J Harris of the County of Whatcom, Washington Territory, do hereby give notice of my claim to to [sic] a donation of one hundred sixty (160) acres of land particularly bounded and described as follows: Beginning at a stake on the South end of James Morrison's claim, running one half mile along the eastern side of Bellingham Bay, WT & joined by A M Poe on the South, Thence East a half mile thence West one half mile to the place of beginning, so as to contain one hundred & sixty acres - Said claim is settled on under the Act of Congress donating lands to Settlers on certain terms.21
    This description omits the north-and-south line running along the eastern boundary of the claim. The western boundary of the claim followed the meandering of the shoreline around what latter came to be known as "Harris Bay," encompassing Post Point and joining the claim of A. M. Poe on the south as indicated. Dan Harris's DLC Notification was accompanied by his sworn statement declaring that he was a white, American settler born on Long Island, NY in 1832 and claiming that he had personally settled upon and cultivated the described parcel of land continuously from May 28, 1854 to February 24, 1855.22 This statement was taken by E. C. Fitzhugh, Clerk of the U.S. District Court for Whatcom County. Dan Harris's notification was also accompanied by the affidavits of Morris O'Connor and Edwin Rossman, also dated February 24, 1855 and sworn before E. C. Fitzhugh, affirming their personal acquaintances with Dan Harris and attesting to the truth of his statements about settlement and cultivation.23

    Morris O'Connor's DLC Notification describes his claim as follows:
According to your notice in the "Pioneer & Democrat," I, Morris OConnor [sic] of the County of Whatcom, Washington Territory. Do hereby give notice of my claim to a donation of one hundred & sixty (160) acres of land, particularly bounded and described as follows: Beginning at a stake on the North corner of James Morrison's claim, running South a half mile, thence East one half mile, thence North a half mile, thence west a half mile to the place of beginning, so as to contain one hundred & sixty acres. Land claim is immediately behind the claim lately occupied by John Thomas, deceased, & now settled on by Daniel J. Harris & is claimed under the U.S. Statute donating lands to Settlers on certain conditions24.
The beginning reference point in this discription is mistakenly identified. The stake in question was actually at the northeast corner of Dan Harris' claim and on the southern boundary of James Morrison's. The location of the O'Connor claim "behind the claim lately occupied by John Thomas" is identified correctly.

    To see a map showing the boundaries of the Poe, Harris, O'Connor and Morrison claims as found in their respective DLC Notifications click Map 2.

    On May 4, 1855, Dan Harris gave a statement asserting that he had arrived in Washington Territory on May 28, 1854.25 This statement was "subscribed and sworn" at Olympia in Thurston County before A. C. Moseley, Register of Washington Territory. On June 28, 1858 Dan Harris prepared the "Final Proof" for his claim.26 It consists of five documents all executed by filling in the blanks on preprinted forms. The first document is an undated, unsigned and unwitnessed notice describing his claim as land as:
. . . known and designated in the Surveys and Plats of the United States as Lots No. 3, 4, 5, & 6 of Sec. No 1 and the NW ¼ of NW ¼ and Lot No. 3 of Sec. No. 12 in Tp. No. 37 N. of Range No 2 East, Containing 146 40/100 acres.
    This document appears to have been completed at a later date by someone other than Dan Harris. The handwriting does not look like his and his claim could not have been described in terms of fractional lots until after the Survey of Private Land Claims had been completed in 1859 and approved in 1860 as related above. Each of the other four statements comprising Dan Harris's "Final Proof" were sworn in Whatcom County before S. Garfield, Receiver of Washington Territory, and dated June 28, 1858.[K]

    The second item in the "Final Proof" file is a statement by Dan Harris asserting that had arrived in Washington Territory on May 20, 1854 (eight days earlier than he had previously sworn), that he had been born in the State of New York in 1832 and that he had personally resided upon and cultivated his claim continuously from May 28, 1854 to June 28, 1858.[F] The third and fourth items are affidavits by James Morrison and Morris O'Connor acknowledging their personal acquaintance with Daniel J. Harris and attesting to the accuracy of his claim of continuous occupancy and cultivation, adding the conditional clause, "except when it was dangerous to reside there on account of Indian hostilities." [G] The last document executed as part of Dan Harris's "Final Proof" is titled "Form Of Settlers Oath. Claiming By Virtue Of Settlement And Cultivation Commenced Subsequent To 1st December, 1850." In it Dan Harris avowed that he was not acting directly or indirectly as an agent for any one else in making his claim and that the land would be devoted to his personal use and not sold or transferred to a third party.[H]
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