Revolutionary War Pension and Bounty Land Warrant Application File B. L. Wt. 7-100, for John Parke, Connecticut

SERVICE
NUMBER
Conn
Parke John Park
B.S. Wt. 7-100 issued Aug. 29. 1866
CONTENTS

Ld. W. Dins
Let the warrant be canceled as per order of the Sec. - The 2 nd point herein decided has been recalled by the Sec in another case & decided in the affirm- ative. - MAB
Dec. 21.

III Official Letters must be addressed to the "Commissioner of the General Land Office" and in replying to Letters from the office the initial letter on the left hand corner should be referred to.
Department of the Interior GENERAL LAND OFFICE
Va d. b.
Washington, D.C. Decr 18 th 1874.
Sir;
I have the honor to transmit herewith, for cancellation and return to this Office, Military Bounty Land Warrant 88 th 7. for 100 acres, issued from the Pension Office, August 29. 1866, as stated therein, "under the Continental Resolves of the 16 th day of September, 1776, "to Clean the Storm and Hervey Parke" &c - The Secretary of the Interior having decided on the 4 th Inst. as suggested by this Office that there was no authority of law for the issue thereof, and that the location made in virtue thereof could not legally be carried into Patent.

Submitted to the Secretary, on the 28 th ultimo , in a letter of that date - a copy of which is herewith enclosed - the Warrant in question, transmitting therewith, a copy of the communica- tion addressed to yourself, upon the subject matter, of date Feby 17, 1873 , together with the letter from your Office, in reply, of the 4 th  ultimo .
Enclose herewith, a copy of the Secretary's decision in the case ; and in view thereof, and of the long pendancy of the matter, will thank you for an early attention thereto as may be possible, in order, that the parties in interest may be duly advised in regard to the location made with the said Warrant, and instructed how to perfect their location by substitution &c.
Hon J. A. Baker, Comm ee of Pensions. Present.
Very Respectfully, Your obed t Servt. J. S. Hunt Commiss ry .
D. 106

No Revolutionary War bounty land papers on file for the John Parker described in these papers.
There was a bounty land Wt. 6260. issued to John Parks a private, of Conn. on Jan. 6, 1797. (no papers)
There is a pension claim, Sur. 43789 for John Parker Sgt. 1 st Conn. regt. who served to close of Rev; he was a resident of Onondaga Co. N. Y. in 1818; and makes no mention of bounty land or children.
AW.
MAR 11 1912

114 Special Wt No 1244 for 100 acres mount Aug 24 th 1844.
Cancelled by order of the Hon Sec of the Interior Dec 22/74 - more

Official Letters must be addressed to the "Commissioner of the General Land Office" and in replying to Letters from the office the initial Letter on the left hand corner should be referred to.
Copy Department of the Interior GENERAL LAND OFFICE
Washington, D.C. Nov. 28 th 1874.
Hon. C. Delano, Secretary of the Interior Sir:
I have the honor to call your attention to the enclosed Military Bounty Land Warrant No 7, for 100 acres, issued by the Commissioner of Pensions on the 29 th August 1866, - as stated therein - "under the Continental "Resolves, of the 16 th day of September 1776," to "Eleanor Storm and Henry Parke, as the only "surviving children of John Park, who was a "Sergeant in the First Connecticut Regiment "of the Continental Line", - War of the Revolution -

and desire, respectfully, to ask your decision upon the following questions involved therein, viz:
1. Whether, at the time of the issue of said Warrant No 7, "the Resolves" therein referred to as the authority for the grant thereof being those adopted by the Continental Congress of Sept. 16, 1776, - were of any force or obligation, upon the present Government of the United States, so as to authorize any Officer thereof to issue a Land Warrant to be satisfied under existing laws?
2. If the Warrant in question was issued without due authority of law, whether the fact of the grant and delivery thereof by the Pension Office, and the transfer to, and location by innocent third parties, will legally justify this Office in issuing a Patent for the location made there with?

When the said Warrant No 7. was returned to this Office, as located, and for Patent, my predecessor, Hon. Willis Drummond, refused to issue the same, for the reasons stated and set forth in his communication to the Commissioner of Pensions of date Feb'y 17, 1873. a copy of which is herewith enclosed holding that the Warrant was issued without any authority of law, whatever, and therefore, void, and that, consequently, such issue, and the delivery transfer and location thereof, were no protection to the parties claiming title, and that any Patent, granted in virtue thereof, would be illegal.
The Commissioner of Pensions, in his reply thereto, of date the 4 th Inst., which is transmitted herewith, states that he does not concur, in the views of this Office upon the subject matter as expressed by the late Com=

= (missimer, thereof; That the class of War- = rants in question was issued upon what was deemed at the time, valid authority; and that, "although there may be some "doubt at the present time, whether the Law, "under which the  Warrant  was  issued  was  in  force, "at the date of the issue", he does not "think "it wise at this late day to raise the ques- = tion of its legality, as by cancellation of the "warrants issued, great injustice might be "done, to innocent purchasers and settlers."
Respectfully submitting the correspond- = ence in the case, with  the  Warrant  in  question, and advising you that said Warrant is the only one of the Series yet presented to this Office for satisfaction.
I am, Very Respectfully Your obdt. Servt.
G. S. Burdett,
Commissioner

Easton 11/1

Department of the Interior. Washington D.C. 4 th Dec. 1874.
Hon. S. S. Burdett Commissioner Gen. Land Office. Sir:
I have considered the questions presented in your letter of the 28 th instant.
It appears from your statement that the Commissioner of Pensions on the 29 th August 1866, issued Military Bounty Land Warrant No 7, for 100 acres, under the Continental Resolves of the 16 th day of September 1776. To Cleanthe Storm, and Henry Parke, as the only surviving children of John Parke, who was a Sergeant in the 1 st Connecticut Regiment of the Continental Line, in the War of the Revolution.

Said warrant has been duly located, and the certificate of location returned to your Office for patent.
You desire to be advised whether there was any authority for the issue of said warrant; and, if there was not, whether you should issue a patent, for the tract of land, so located.
I have no hesitation in answering both questions in the negative.
The Warrant is herewith returned.
I am, Sir,
Very Respectfully, Your obt servant, C. Delano,
Secretary.