deceased volunteer: [Provided, That nothing contained in this section shall be construed 11 Feb. 1847 to give bounty land to such volunteers as were accepted into service, and discharged without being marched to the seat of war.] (a) 9 Stat. 183. certificate of 26. Under the provisions of the 9th section of the act approved February 11th 1847, 3 March 1847 21 entitled An act to raise for a limited time an additional military force, and for other purposes," it shall be the duty of the secretary of the treasury to issue treasury scrip Scrip to issue on therein provided, on the certificate of the secretary of war, showing the claimant entitled secretary of war. thereto, and not otherwise; and that the stock thus issued shall bear interest from the Interest, when te day of presenting to the treasury department such certificate of the secretary of war in commence, and when payable. due form, and the interest thereon shall be payable on the first days of January and July in each year, and shall be transferable on the books of the treasury department kept in where transferthe register's office. Such certificates of stock shall be signed by the register of the able. treasury under the direction of the secretary, who shall cause the seal of the department How authentica to be affixed thereto, and no other signature shall be required to said stock. ted. 9 Stat. 185. 27. The non-commissioned officers, musicians and privates of the regiment of dragoons 3 March 1847 15. authorized to be raised by an act entitled "An act to raise for a limited time an additional military force and for other purposes," shall receive the same bounty as is allowed Extended to the to the non-commissioned officers, musicians and privates of the other regiments author- dragoons. ized to be raised by said act. regiment of 9 Stat. 334. Discharge found 28. In all cases of application for bounty land warrants under the act approved 24 March 1848. February 11th 1847, the honorable discharge of the applicant, showing the same was predicated on a surgeon's certificate of disability, shall be considered as satisfactory ed on surgeon's evidence to the commissioner of pensions that the disability was incurred in the course certificate to be of service. evidence. 9 Stat. 232. lations. 29. The term "relatives," as used in the 9th section of the act entitled "An act to 27 May 1848 1. raise, for a limited time, an additional military force, and for other purposes," approved 11th February 1847, shall be considered as extending to the brothers and sisters (b) of Who deemed rethose persons whose services, under that act, may have entitled them to the land therein provided; the order or priority of right, however, shall remain as declared in that act; and those failing, the right shall accrue, fourthly, to the brother or sister, or in equal proportions to the brothers and sisters of the deceased, as the case may be. Ibid. 2. motion. organization. 9 Stat. 246. ordnance depart ment. 30. The benefits of the said act of 11th February 1847, shall not be construed as forfeited by the privates and non-commissioned officers who have been, or may be, pro- Benefits not to be moted to the grade of commissioned officer during their service in Mexico, and who shall forfeited by prohave subsequently fulfilled the condition of their engagements: Provided, Such promotion shall have been made subsequent to the original organization of the company, corps If subsequent to or regiment to which such privates and non-commissioned officers may have belonged. 31. Those enlisted men of the ordnance department who have served, or may serve, 10 July 1848 & 2 in Mexico during the war with that country, shall be entitled to and shall receive the same bounty in land as is or may be allowed by law to other regular troops in the service Extended to the of the United States, and under like limitations and restrictions. 32. Those persons who are entitled to bounty land warrants for one hundred and sixty 7 Aug. 1848 21. acres in virtue of their own services during the present war with Mexico, and who may likewise be entitled to the right of pre-emption upon the Miami lands in Indiana, under Pre emption the act of the 3d of August 1846, (c) shall have the privilege of applying their warrants the Miami lands in payment or part payment for the tract to which they may establish their right of may apply their pre-emption; said warrant to be estimated, when received as aforesaid, at the sum of ment. one dollar and twenty-five cents for each acre therein contained:(d) Provided, That in no case shall the government be required to refund any excess of the estimated amount of said warrants, over and above the price of the tract claimed to be entered; and should the tract claimed to be entered as aforesaid exceed, at the rate fixed by law, the said sum, then and in such case the balance of the purchase-money of said tract shall be paid in cash. 9 Stat. 275. claimants upon warrants in pay 9 Stat. 340. marines, and 33. The officers, non-commissioned officers, privates and musicians of the marine corps, 10 Aug. 1848 L who have served with the army (e) in the war with Mexico, and also the artificers and laborers of the ordnance corps serving in said war, be placed, in all respects, as to bounty Extended to land and other remuneration, in addition to ordinary pay, on a footing with the officers, artificers and non-commissioned officers, privates and musicians of the army: Provided, That this laborers in the remuneration shall be in lieu of prize-money and all other extra allowances.(g) 10 Aug. 1850. 9 Stat. 562. entitled to divi dends and interest on war 34. The secretary of the treasury be, and he is hereby, directed, in redeeming and discharging the obligations upon the government for war bounty scrip, which are made Assignees to be assignable, to pay to the assignee and holder of such obligations, all dividends or interest which have been or shall be declared and set apart, and passed to the credit of the obligee upon the books of the treasury, subsequent to the date of the assignment, unless such dividends or interest has been paid to the obligee before the transfer of the scrip upon the books in the office of the register of the treasury, or the presentation thereof for final payment. bounty scrip. 26 Sept. 1850. 9 Stat. 563. Extended to cases of prior redemption. 31 Aug. 1852 1. 10 Stat. 143. Outstanding military land 35. That the secretary of the treasury be, and he is hereby, directed, where the principal has been heretofore redeemed of any war bounty scrip, to pay the dividend or dividends or interest, due at the time of such redemption, to the person or persons who would be entitled to the same under the resolution to which this is an amendment, in case such scrip was hereafter presented for payment or redemption, or that he pay the same to the assignee, attorney or legal representative, as the case may be. III. VIRGINIA LAND WARRANTS. (a) 36. All unsatisfied outstanding military land-warrants or parts of warrants issued or allowed prior to the 1st day of March 1852, by the proper authorities of the commonwealth of Virginia, for military services performed by the officers and soldiers, seamen warrants may be or marines, of the Virginia state and continental lines in the army or navy of the revosurrendered, and lution, may be surrendered to the secretary of the interior, who, upon being satisfied, by land scrip issued therefor a revision of the proofs or by additional testimony, that any warrant thus surrendered was fairly and justly issued in pursuance of the laws of said commonwealth, for military services so rendered, shall issue land scrip (b) in favor of the present proprietors of any warrant thus surrendered, for the whole or any portion thereof yet unsatisfied, at the rate of one dollar and twenty-five cents for each acre mentioned in the warrant thus surrendered and which remains unsatisfied, which scrip shall be receivable in payment To be assignable. for any lands owned by the United States subject to sale at private entry; and said scrip shall, moreover, be assignable by indorsement attested by two witnesses. In joint claimants issuing said scrip, the said secretary is authorized, when there are more persons than one interested in the same warrant, to issue to each person scrip for his or her portion of the warrant; and where infants or feme coverts may be entitled to any scrip, the guardian of the infant and the husband of the feme covert may receive and sell or locate the same: Provided, That no less than a legal subdivision shall be entered and paid for by the scrip issued in virtue of this act. Provision for and for infants and married women. Ibid. 2. Virginia to relinquish all claim to the military land district. 6 May 1812 24. 2 Stat. 729. Claims not to be assignable. Nor liable to execution. 27 April 1816 §1. 3 Stat. 317. 37. This act shall be taken as a full and final adjustment of all bounty land claims to the officers and soldiers, seamen and marines, of the state of Virginia, for services in the war of the revolution: Provided, That the state of Virginia shall by a proper act of the legislature thereof relinquish all claim to the lands in the Virginia military laad district in the state of Ohio. IV. GENERAL PROVISIONS. (c) 38. No claim for the military land bounties aforesaid shall be assignable or transferable in any manner whatever, until after a patent shall have been granted in the manner aforesaid. (d) All sales, mortgages, contracts or agreements, of any nature whatever, made prior thereto, for the purpose, or with intent of alienating, pledging or mortgaging any such claim, are hereby declared and shall be held null and void; nor shall any tract of land, granted as aforesaid, be liable to be taken in execution or sold on account of any such sale, mortgage, contract or agreement, or on account of any debt contracted prior to the date of the patent, either by the person originally entitled to the land or by his heirs or legal representatives, or by virtue of any process, or suit at law, or judgment of court against a person entitled to receive his patent as aforesaid. 39. When any soldier of the regular army having obtained a military land warrant shall have lost, or shall hereafter lose the same, or the said warrant shall have been or may be by accident destroyed, every such soldier shall, upon proof thereof, to the satis (a) The act of 1852 having finally adjusted all claims for Virginia military bounty lands, it is deemed unnecessary here to give more than a brief reference to the various acts upon the subject. See acts 10 August 1790, 1 Stat. 184; 9 June 1794, 1 Stat. 394; 1 June 1796, 1 Stat. 490; 1 March 1800, 2 Stat. 14; 13 May 1800. 2 Stat. 80; 3 March 1803, 2 Stat. 236; 19 March 1804, 2 Stat. 271; 23 March 1804, 2 Stat. 274; 15 April 1806, 2 Stat. 378; 2 March 1807, 2 Stat. 424; 3 March 1807, 2 Stat. 437; 25 April 1812. 7. 2 Stat. 717; 5 July 1813, 3 Stat. 3; 22 February 1815, 3 Stat. 212; 16 April 1816, 3 Stat. 284; 11 April 1818, 3 Stat. 423; 1 March 1823, 8 Stat. 772: 20 May 1826, 4 Stat. 189; 24 February 1829, 4 Stat. 835; 23 April 1830, 4 Stat. 395; 30 May 1830, 4 Stat. 422; 3 March 1835, 4, 4 Stat. 779; 7 July 1838, 5 Stat. 262; and 3 March 1855, 10 Stat. 701. See also as to the construction of these acts. 9 Wh. 469; 7 Ibid. 23; 1 Pet. 628; 4 Ibid. 331; 1 McLean. 22. 32; 3 Ibid. 822; 1 Opin. 79, 823; 2 Ibid. 25, 280, 282, 385. 506; 3 Ibid. 97, 103, 246, 556; 4 lbid. 37; Introduction to Mayo & Moulton's Pension and Bounty Land Laws, XXXIII. (b) For the construction of this act, see 6 Opin. 243, 258. 7 Ibid. 32, 652, 688. (c) Prior to the passage of the general acts of 1847, 1850, and 1855, there were in force many acts granting bounty lands to soldiers of the war of 1812, &c. As these have been supplied as to all future applications for bountŷ lands, a reference to them will be sufficient in this place. See acts 24 December 1811, 2 Stat. 669; 11 January 1812, 12, 2 Stat. 672; 6 May 1812. 2 Stat. 729; 16 April 1816. 3 Stat. 254: 16 April 1816, 3 Stat. 285: 23 April 1816, 3 Stat. 332; 3 March 1817, 3 Stat. 394; 27 March 1818, 3 Stat. 411: 24 February 1819, 3 Stat. 487; 26 May 1824, 4 Stat. 60; 22 May 1826, 4 Stat. 190; 5 July 1838, 29. 5 Stat. 260; 7 July 1838, 5 Stat. 308; 27 May 1840, 5 Stat. 380; 27 July 1842, 5 Stat. 497; and 12 July 1852, 10 Stat. 14. And see 1 Opin. 195, 273. 4 Ibid. 538. (d) See infra, 37. faction of the secretary of war be entitled to a patent in like manner as if the said 27 April 1816. warrant was produced. Ibid. 2. Defective certifi certificate or dis of warrant. 40. In all cases of discharges from the military service of the United States, of any soldier of the regular army, when it shall appear to the satisfaction of the secretary of war, that a certificate of faithful services has been omitted by the neglect of the dis- cate, or loss of charging officer, by misconstruction of the law, or by any other neglect or casualty, such charge, not to omission shall not prevent the issuing of the warrant and patent as in other cases. And prevent issuing when it shall be proven as aforesaid, that any soldier of the regular army has lost his discharge and certificate of faithful service, the secretary of war shall cause such papers to be furnished such soldier of the regular army as will entitle him to his land warrant and patent: Provided, Such measure be justified by the time of his enlistment, the period of service, and the report of some officer of the corps to which he was attached. 41. In all cases where an officer or soldier of the revolutionary war, or a soldier of the 3 March 1843. last war, was entitled to bounty land, has died before obtaining a patent for the land, and where application is made by a part only of the heirs of such deceased officer or How patents to soldier for such bounty land, it shall be the duty of the proper officers of the war depart- heirs. ment to issue the warrant or patent in the name of the heirs of such deceased officer or soldier, without specifying each; and the patent so issued in the name of the heirs, Effect thereof. generally, shall inure to the benefit of the whole, in such portions as they are severally entitled to by the laws of descent in the state or territory where the officer or soldier belonged at the time of his death. 5 Stat. 650. issue in favor of 9 Stat. 332. Where military land warrants 42. Any non-commissioned officer, musician or private, or his widow or heirs, who 14 Aug. 1848 § 1 shall receive and hold in his own right a land warrant, issued by the government of the United States for military service, may locate the same in on [one] legal subdivision, on any public land subject to private entry, taking said land at the price at which the same may be located. is subject to private entry, and reckoning the warrant at one dollar and twenty-five cents per acre for the number of acres therein contained, and paying the balance, if any, in money; but no claim shall exist on the government to pay for any balance on said warrant in money. 9 Stat. 611. 43. Provided, That no land bounty for military services granted by the act of 28th of 3 March 1851 & 1. September 1850, entitled "An act granting bounty land to certain officers and soldiers who have engaged in the military service of the United States," or by virtue of Restricted to any lands then in the other act of congress heretofore passed, granting land bounties for military services, market and subshall be satisfied out of any public land not heretofore brought into market, and now ject to private subject to entry at private sale under existing laws.(a) entry. 10 Stat. 3. and locations to 44. All warrants for military bounty lands which have been or may hereafter be issued 22 March 1852 8 1. under any law of the United States, and all valid locations of the same which have been or may hereafter be made, are hereby declared to be assignable by deed or instrument of Land warrants writing made and executed after the taking effect of this act, according to such form, and be assignable. pursuant to such regulations as may be prescribed by the commissioner of the general land office, so as to vest the assignee with all the rights of the original owner of the warrant or location;(b) Provided, That any person entitled to pre-emption right to any To be received in land shall be entitled to use any such land warrant in payment for the same at the rate emption rights. payment for preof one dollar and twenty-five cents per acre, for the quantity of land therein specified: Provided, That the warrants which have been or may hereafter be issued in pursuance How located. of said laws, or of this act, may be located according to the legal subdivisions of the public lands in one body upon any lands of the United States, subject to private entry at the time of such location, at the minimum price. Provided further, That when said warrant When located on shall be located on lands which are subject to entry at a greater minimum than one price than $1.25, dollar and twenty-five cents per acre, the locator of said warrants shall pay to the United difference to be States in cash the difference between the value of such warrants at one dollar and twenty-five cents per acre and the tract of land located on. lands of greater paid. Ibid. 2. and receivers. 45. The registers and receivers of the land offices shall hereafter be severally authorized to charge and receive for their services in locating all military bounty land warrants Assignees to pay issued since the 11th day of February 1847, the same compensation or per-centage to fees of registers which they are entitled by law for sales of the public lands for cash, at the rate of one dollar and twenty-five cents per acre, the said compensation to be hereafter paid by the assignees or holders of such warrants. 46. It shall and may be lawful for any soldier in the late war with Great Britain, to 7 Jan. 1873 ₫ 1. whom bounty land has been allotted and patented in any state of this Union, by virtue 10 Stat. 150. without notice of the fraud which has been practised. Mayo & Moulton's Pension and Bounty Land Laws, 594. 7 Opin. 57. But a warrant fraudulently obtained in the name of a person deceased without heirs or widow, or of a fictitious person, is a mere nullity, incapable of assignment, and may be rejected or canceled 7 Opin. 657. 7 Jan. 1853. Lands unfit for cultivation may be surrendered and relocated. Proof. 8 March 1853 1. 10 Stat. 256. tion by actual settler may be corrected of the laws of the United States passed prior to the year 1850, which was and is unfit for cultivation, to surrender said patent and to receive in lieu thereof the same quantity of any of the public land subject to private entry at the minimum price as he may select: Provided, That before receiving such new land, it shall be proved to the satisfaction of the commissioner of the general land office, that the land so allotted and patented to said soldier is unfit for cultivation, and that said soldier has never disposed of his interest in said land by any sale of his own, and that the same has not been taken or disposed of for his debts due to any individual, and that he shall release all his interest in the same to the United States in such way as said commissioner shall prescribe; and such surrender and location shall be made within five years from the passage of this act. 47. Where an actual settler on the public lands has sought or shall hereafter attempt to locate the land settled on and improved by him, with a military bounty land warrant, Erroneous loca- and where, from any cause, an error has occurred in making such location, said settler shall be authorized to relinquish the land so erroneously located, and to locate such warrant upon the land so settled upon and improved by him, if the same shall then be vacant, and if not, upon any other vacant land, on making proof of those facts to the satisfaction of the land officers, according to such rules and regulations as may be prescribed by the commissioner of the general land office, and subject to his final adjudica tion. Ibid. 22. Certain acts ex 48. The provisions of the act of 3d March 1819, "providing for the correction of errors in making entries of land at the land offices," (a) and of the act of 24th May 1828, suptended to such plementary to said act of 3d March 1819, (b) shall be and the same are hereby nade applicable to errors in the location of land warrants. cases. 8 Feb. 1854 21. 10 Stat. 267. 49. The act entitled "An act to provide for satisfying claims for bounty lands for military services in the late war with Great Britain, and for other purposes," approved July 27, 1842, (e) and also the two acts approved January 27th 1835, (d) therein and thereby bounty lands ex- revived, shall be and the same are hereby revived and continued in force for five years, to be computed from the 26th day of June 1853. Time for satisfy ing claims for tended. 5 Aug. 1854 3 3. 10 Stat. 581. Effect of subse quent marriage on rights of widows. 20 Feb. 18561. 11 Stat. 1. Clerk to sign warrants. (a) 3 Stat. 526. (b) 4 Stat. 301. 50. The act approved September 28th 1850, (e) entitled "An act granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States," the act approved March 22d 1852, (g) entitled “An act to make land warrants assignable, and for other purposes," and the act approved February 3d 1853,(h) entitled "An act to continue half-pay to certain widows and orphans," shall not be so construed as to deprive any widow from the benefits therein granted for the services of her husband, though she may have married again: Provided however, That the applicant is a widow at the time of making the claim: Provided, Such party shall not receive pension during coverture. 51. The commissioner of pensions is hereby authorized, with the approval of the secretary of the interior, to appoint such person as may from time to time be thought proper to sign the name of said commissioner of pensions to certificates or warrants for bounty land; and all such certificates or warrants so signed shall be as valid to all intents and purposes as if signed by said commissioner. (c) 5 Stat. 497. And see act 26 June 1848, 9 Stat. 240. [See ARMY OF THE UNITED STATES, III.] 23. Surveyor-general. Where office to be kept. Oath of office. Bond. Salary. 24. Allowance for clerk hire. Salaries. Seal of office. Copies of official papers, &c., to be evidence. 25. His powers and duties. Deputies. Power to decide on conflicting claims. Compensation of deputies. 26. Secretary may direct geodetic method to bo observed. And authorize departure from rectangular mode of surveying. Subdivisions. 27. Register and receiver to be appointed. Where land office to be located. Oaths of office. Bonds. Duties and responsibilities. President may divide the state into land districts. Officers to be appointed for each. 28. Lands to be subject to pre-emption law. Except lands reserved for schools, &c., and mineral lands. Land sales. Notice of pre-emption claims. Who entitled to pre-emption rights. Lands unsold to be subject to entry at private sale. Fees. Settlements to be within one year. Indian lands not to be subject to settle ment. 29. On settlement or appropriation of school lands, others to be selected. No settlement or location to be made on military posts or mineral lands. 48. Decree not to affect third persons. 49. Report of mission lands, and those of civilized Indians. 50. Compensation of commissioners and clerks. 51. Fees for copies of papers. 52. Number and compensation of clerks. 53. Associate law agent. Decisions to be certified to the district court and attorney-general. Appeals regulated. 54. Commissioners to take testimony. 55. Commission extended to 3 March 1856. 56. Assistant counsel to be employed. And clerks to distric attorney. 57. Power to enforce attendance of witnesses. I. ADMISSION INTO THE UNION. 1. The state of California shall be one, and is hereby declared to be one, of the United 9 Sept. 1850 1. States of America, and admitted into the Union on an equal footing with the original states in all respects whatever. 9 Stat. 452. Admitted into the Union. Ibid. 3. Public lands re 2. The said state of California is admitted into the Union upon the express condition that the people of said state, through their legislature or otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and served. do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned; (a) and that they shall never lay any tax or assessment of Not to be taxed any description whatsoever upon the public domain of the United States, and in no case Non-residents not to be subject shall non-resident proprietors, who are citizens of the United States, be taxed higher than to higher taxes. residents; and that all the navigable waters within the said state shall be common high- Navigable waters ways, and for ever free, as well to the inhabitants of said state as to the citizens of the to be free. United States, without any tax, impost or duty therefor: Provided, That nothing herein contained shall be construed as recognising or rejecting the propositions tendered by the people of California as articles of compact in the ordinance adopted by the convention which formed the constitution of that state. 3. All the laws of the United States which are not locally inapplicable shall have the 28 Sept. 1850 & 1 same force and effect within the said state of California as elsewhere within the United 9 Stat. 521. States.(b) (a) The mines of gold and silver on the public lands are as much the property of the state of California, by virtue of her sovereignty, as are similar mines in the lands of private citizens. |