The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-09-19

widow, and Jane Starbird and George Starbird,
children, heirs at law of William Stsrbrd, deceased
late private in Company F. 9Th Regiment Of u
y Infantry"
On this certificate of warrant is an assignment
in blank, from Hannah X Starbird," with what
! purports to be her affidavit, dated -, August,
ls49, that George starbird, one of her children,
died the 9Th day of june of congestive fever, and
that Jane Starbird, her other child, died on the I'd
August instant, of diarrhea, (chronic.)"
You request to be informed whether or not the
enclosed warrant, No. CO. 029, is properly assigned
and observe that "the for sending it to the
Secretary for information, instead OF the under
signed care made evident" by ''remarks" which
you enclose, stating they We're that morning scout
from the Courier and Enquirer
We decline appending to such assignments GER
| uhcates which may be construed as an official en-
dorsement that the assignments genuine and
bona tide, for the planest reason, that we have no
means of knowing the fact But we have never
refused to answer any call for Information to the
| form OF assignments mode OF authorization,
nor ever declined to point out, for the information
OF claimants, any primo tace defects or irregularty
In such assignments, 70 enable parties To
remedy the same. In the case, therefore, which
has been presented by you, have to state that the
warrant is not properly assigned; first, because the
name OF the assignee Is not inserted in 1t; and
next, because there is legal evidence that the in
terest has been assigned OF the two heirs of the
soldier, who mentioned in the warrant.
mere affidavit, like that presented, froma party
! interested, cannot, upon any legal principle, be
recognised as merging the interest OF the soldiers
] heirs in his widow.
In such case il is required evidence oftrans-
fer, that there shall be produced certificate, under
SEAL from the officer having jurisdiction of probate
| matters for the county or parish where the heirs
died, setting forth the fact of their decease, and
stating the names of their only heirs or legal repre-
senatives. Then from such heirs or legal represen-
| tatves must be produced regular assignment Of
| the warrant, in their representative capacity, and
that must be accompanied by certificate from the
probate officer that the assignment is duly executed
I'M IN a0ft yhsrst
| lived and died, or that the transfer was executed
| pursuant to an order of court.
Having thus disposed of the you have pre-
sented, beg leave to submit, with view to pub
icity, some explanations as answer to the news
paper article you have presented and adopted, as
containing your reasons for the present call.
In that article there is embodied letter OF the
Goth of August, ls49, from this Office, declining to
certify To the validity of assignment iii blank
leaving the purchasers to judge for themselves in
all matters relating to the buying and selling OF
these certificates"
This article calls upon the Commissioner to
view the decsion asserts that it does not protect
the interest Of the soldiers his heirs representa-
| tves, and conveys the impression that the proper
department has refused to give such Information
as could enable purchasers to Judge of the regu-
larty and authenticity of the certificates" there
| by depreciating the warrants and exposing the
| original holders to still harder terms.
Now, in this article there is distinction drawn
| between certificate of warrant and an s'as-
signment' bat they are in fact COMPOUNDED as one
and the thing, and this Office is complained of
for refusing to give information to their "regu
| arty and authenticity"
Let it be understood them that the certificate Of
| a warrant is original document not emanating
from this office, but from the pension office; that If
either the genuineness of such certificate, of
the warrant ITSELF should be drawn in question: the
pension office is the place to determine the matter,
because the papers there filed on which the
/ tifcates warrants are issued that applications
are usually made to the General Land Office for
| information to the authenticity of such instru
mcnts, but that there have been very few cases
| where inquiry has been made OF us, none OF which
have declined TO answer, but the information has
been sought for from the pension office, and com
| municated.
| Let next consider the complaint, SO far the
! .sassignments' are concerned:
| No man, with certificate of warrant before
him, can say that the General Land Office has re-
fused to give information to the form of assign
ments mode of authorization, because all the re-
quirements in these particulars fully set forth,
and printed on the third page of the certificate
But the intent of the whole complaint Is, that the
commissioner refuses to ap end to "bank assign
ments" official certificates that they care regular
and in due form, and what is the reason Tor the
REFUSAL 1t is that, where this has heretofore been
done, such certificates have been treated as official
endorsements and vouchers that the asst gnments
| bona fds, genuine, and regular in all respects.
Now, it is not possible for the Commissioner 10
know, from the face of the assignment, whether il
is genuine whether false, forged, counterfeit.
We have abundant evidence our FLEE that entire
| reliance cannot be placed upon the acknowledge
nleut of the execution OF such assignments, as or
tined by officers purporting TO take the same that
| certificates of acknowledgment have frequently
been granted before the warrant Issued, leaving
| the dates, numbers, and names of the sssgnees in
blank, to be filled up at the pleasure of the pur
| chaser-when the act of Congress interdicts such
proceedings, by declaring, in express terms, that
all sales, mortgage, powers other instruments
OF writing, going 10 affect the title claim to any
| such bounty right made executed prior to the
issue OF such warrant or certificate, shall be null
| and void"
We have now on file about 500 caveats, denounc-
ing assignments fraudulent, and protests are
pouring in warning against spurious and coun-
terfeit transfers. We have, this moment, an in
stance of an assignment clothed with all the usual
formalitics purporting TO have been executed by
| the soldier at place from which, according 10 his
affidavit (corroborated by the testimony of ohers)
he was at the time more than thousand miles dis
tant.
II must be obvious that the commissioner
have no means of determining whether assign
ment "a private act for which there is test in the
public records) was executed by the soldier him
self, or by personating him, whether
II Is otherwise spurious or fraudulent With what
color of justice or propriety, then, having such
glazing frauds and Irregularities before him, can
| the commissioner undertake, in advance, without
! allowing time for the appearance Of objections, 10
stamp individual assignments as valid by his ofh-
cial act, when that act may operate To embarrass,
If not despoil the soldier of his right deceive
| subsequent innocent holder who may be induced
TO purchase upon the faith of such official act'
| The undersigned has attentivey considered the
objections to the existing decision, but from
of public duty he feels constrained TO adhere 70 it,
| AZ the matter stands then, the soldier have
no possible difficulty in locating, with the certih-
cate of warrant the land he is entitled TO- at any
land Office Of the United States; but if the ccrth-
| cate, or warrant, passes by assignment into the
hands of assignees, the latter must to their
interest, and satisfy themselves of the fairness and
honesty the proceedings; and when, in the regu-
| lar order and progress OF business, such warrants
or certificates, with the assignments and evidence
| of location, shall finally come before the General
Land Office for its legitimate action in the way Of
issuing grant for the land, the patent, in all
| impeacbed cases where the papers are free from
suspicion, and primo facie regular, will issue the
| last assignee az the bona fde owner.
| In all impeachcd cases, all parties shall have
tice, and full opportunity of being heard and where
the difficulty shall be cleared up, patents will ema
nate accordingly; but where the conflicting inter
ests cannot be satisfactorily determined here, the
parties will be referred 10 the courts, and this office
will abide the result. and govern itscf accordingly
| in the issuing Of the patent.
Very respectfully, your obt servant,
J. BUTTERfIELD, Commissioner