Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-03-02

",u on' 1hey nad declared, that each person
performing the required service should have
an absolute and unconditional title to his Just
apporf'onment Of the good land rcistin the dis
triet. On the faith OF these laws, the services
mad been rendered ; and the warrant had is.
suea testiiyinS, that in consideration of these
services, the cwner was entitled To a specific
quantity ofiand, to he laid of according TO
certain equitable rules prescribed by law.
What Is this but a solemn contract between
the government and the soldier, for the sale of
iand IN consideration of ser,ices-a contract
executed on the part ofthe soldier, and that
execution and the right arising from it eviden-
Geo oy the warrant And does not this give
the soldier an interest ib The land :? II most
PROFESSIONALLY does give sncIi interest, and
would be available in cosrt of Justice, to OBJ
tam the legal title, the patent.
| Iiie warrant communicative surveyor tn Law
oil the land and if when requreit to do so, he
were 10 refuse, mandanus from a court of
justice would compel him, and the same pro-
ceedinS would compel the register to issue :,
patent
This interest of the military claimant, to
iand within the military district, is strictly an
a,ogous 10 the interest acquired byan individu-
III, VINO purchases and pays for one hundred
acres of land, to BIZ laid out as the purchaser
snail elect, IN tract of a thousand acres own
ed ny the vender. Until the hundred acres
snail be- set apart, the purchaser can claim no
spot as MS own. But he has nevertheless. an
interest III the tract-an equitable right, as
| siSnahle, and descendIbe as real estate. and
available in a court of equity, to compel the
vcnder, his heirs, or any subsequent purchaser
WIN notice, to lay out the hundred acres. ac-
| coraihS 10 the contract, and TO make a title
| thereto.
| 1t has been said, that the owner of the milf
M inf a..
the warrant is located; and to support this
proposition, the analogy of a land Office treasu-
| rry warrant has been relied upon. under which
Itis heid, that the inception the right is the
location.
! There rs a manifest difference between the
treasury warrant and the military warrant
'ihe former issued under the laws establishing
'he and oiiice, Is ii simple authority to appro-
priatc, SO much waste and unappropriated
'ani Wherever 1t may he found within the
commonwealth, and whenever it NAV please
the heldcr. ]: issues under a general law.
winch authorises any number of persons what
ever, TO purchase similar warrants, to an indie
ifA'te extent. Among the holders of these war
rants no KIND OF preference is given, and to none
| OF them, is there any pledge as to the quality
OF the land to he appropriated, or as to the
existence oil waste and unappropriated land.
at the tli.ie of the purchase the purchaser
Judging tor himself purchases at his own risk
ana often Judging enormously, purchases the
warrant WIN an express view oflayingit upon,
land, which turns ont not to be- waste and an
appropriated. The small price of the pur-
| chase Justifcs, in his estimation, the risk of
SINKING the purchase money i'm an adventure
which may result in wealth. If he loses, he
mas no impeachment of false promises or had
faith to allege against the commonwealth
Nothing has been promised him which has
been withheld, nothing has been done to de-
cefVe him When he purchased his warrant,
ne acquired the privilege officiating forthwith,
Ut at any Hme, any waste or nnappropriated
:and which he coald find /; ard there was moth
ing To prevent his using that privilege when
ever he pleased. He purchased however with
iuil knowledge, that Others were at liberty to
make similar purchases and acquire similar pri-
VileSes, and that the commOnw c 18th was in no
wise to oe restrained by his purchase from max
Ing other subsequent dispositions of her waste
lands; provided such disposition were made
| IN good faith, with no intent to defeat his pur-
| chase, and allowing him reasonable time to
ENJOY his privilege. If therefore, he DELAYED
the location of his warrant, Till all the waste land
had been appropriated to other purposes, the
| loss consequent thereupon, resulted from his
own laches, and not from the fault of the 60
vernment. Not so with the military claimant
he did not purchase the mere privilege to To-
cate waste lands wherever he might happen TO
md IT. tie purchased land which the govern
ment was bound 10 find and to furnish him
tie purchased land, within a particular dis
| trict, in which no one but his fellow soldiers
had right to participate, till his claim were
satisfied. He and they were entitled TO choose
the best, and the preference between them
was to be decided by law. According to cx-
sting laws, nothing would have defeated his
claim but want Of title in the government. or
detect of quantity in the district and in either
event the government would have been bound
to furnish an equiya lent.
Thrse points Of difference sheg an imnor-
tant distinction, between the treasury warrant
ana The military warrant. But it is not adj
Inltteo that the treasury warrant gives no right
LII "nqnestIonably does give right, to appro-
PIRATE waste land, wherever it may be found
within the commonwealth at the time when
ne desires to make the appropriation. And
this is a right which the government cannot
lawfully take away, and which NAV be enforc
ed in court ofiustice Thcpr0ccss of man
darus, III this case too, would compel the
surveyor to- receive the loraton, and make
the survey, and compel the register TO grant
the patent. Land Office treasury warrants
before location are regarded by 0Gr courts as
properly, and as real property, descending 10
Ine heir-and tile meaning Of these adiudica-
lIons, which regard the title 10 land acquired
under such warrant, as having it's inception
~ the location, is only tlis-tat the location
IS tie beginning of the title 20 the identical
spot appropriated priority of location, not
priority OF warrant giving the preference, be-
tween contending claimants for the same land.
Ine reason OF tbs decision, is obviously found
~ the character above ascrbed fo the RIGHT
conferred ny the treasury warrant and the