The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-17


ydes in FORM for issuing grants to assgnees Of soldiers,
thereby encouraging thai system of speculation which
has heretofore existed If he correct in his appre-
henson OF the genemans objection, he Tor
willing himself TO allow these assgnees TO in and
obtain patents soldiers warrants, acknowledging, az
the tme that he had investigated the subject but
speaking only of the objection made by the senator
from Florida He wanted information upon the matter
for he considered this the Introduction OF new prn
cpe, by which the assgnees OF soldiers are TO obtain
patents for these lands from the government He thought
that the Senate had better adhere to the former determine
ton of Congress not to allow the soldiers to part with
their lands until they have their patents in their pockets
He would only say further, that if the senator from
Florida correct in the view he had taken, he (Mr
w. should against the bill if he correct,
he shop pS o. course have nothing to say against it.
from FLORIDA would waive his objection. He presumed
the gentleman had found that he was somewhat mista-
ken at the time he made it. The gentleman from Ken
il he supposed that this bill was going to introduce any
new principle into the legislation of Congress in relation
to military land warrants This land was granted by the
of February H. ls47 The ninth section of that act
grants 100 to each soldier performing service in the
war, either as regular or volunteer; and there was
any person entitled to this gratuty of government
from passing il out OF his possession power until
the warrant should be issued. When that warrant
shall have been issued, he transfer it to any
he peases and in legal subdivisions. This the
act of si7 The consideration placed upon that act
the land office is this that the warrant grants to the par
y holding 100 of land but the land Office laws
require that the location be made continuous parcels
they do not require it to be made in whole section, but
may be made in separate parcels OF 40 and SO acres,
that they shall form continuous lot In the shape OF
square paralleogram, the individual may choose.
At the las, session of Congress law had been passed
authorizing soldiers who held these warrants TO purchase
with them the reserved lands in the State of Ohio, beyond
the minimum price, allowing the soldier or his widow or
heirs locate such lands with these Notwithstanding
the balance nmoney The present bill proposed simply to
confer the privilege upon the assgnees, and the e
feet OF II would only be 10 make the warrants little
valuable in the hands of the soldier his widow,
heirs
Mr. UNDERWOOD said that the gentleman could
answer his objection in word, if he would tell him whe
ther these warrants assgnable prior to this act
| Mr.. BREESE. Most certainly, sir.
| Mr.. UNDERWOOD That is sufficient them sir
Mr.. WESICOTT. | objected TO this act the other
day, and laid over, that amendment nigh be
signees to the right TO enter the reserved lands held at
81 SO an acre upon payment of the residue the
amount OF the warrant IN money What object to is
the right this bill. if passed. will give them of entering
the land in 'legai sujdivions"-not IN BODY but in
tracts of 40 here and 40 there so and 100
acres in separate tracts thus securing the best small
farms in the States to the prejudice of the small
farmers. am opposed to recognising these "assgnees"
by express law to any extent Let them stand their
rights OF contract without such sanction or recogn-
ton They should not be favored. | will do moth
ing TO aid them The act of lsi7 giving this land is
founded on this policy. Most OF them purchased I'M
der that act. They have got the warrants for half
price in many cases. and in some cases for less They
generally mere SPECTATORS who are not entitled to IA
vorabe consideration. The land was intended home
for the soldier and it is against the policy of the law to
recognise these transfers. The act of lS47 iorbids
transfers before the warrant is issued and does not
contain anything sanctionng them after the war
rant is issued; the act of August Il, 1913, au
thorlzing the entry by the soldier, his widow,
heirs, of his land in illegal subdivisions" without
providing that it shall be ia compact body. 1t is the
first law that contains such provision The act OF ls!7
allows the entry by the soldier, his widow heirs in
legal subdivisions, but says shall be IN compact body
bona fde assignee may perhaps have the right given
by the act of lsi7, the assignment is made after the
rant nI hut ha arf mr.
assgnees for it is special favor granted to the soldier
alone, or his widow or heirs alone This law proposes
and his widow and heirs, by the act Of lSiS As to the
privilege OF allowing them to enter the reserved lands
paying the oveplus OF price in money, have no OBJ
lection TO it, it is the public interest, and not favor TO
these specializing assgnees that dictates such law but
what object to is that part of the bill allowing them to
enter the land in legal Subdivisions, not IN compact body
That privilege not existing when they got the dis
charge OF the soldier and the power OF attorney by which
they have evaded the act of s47. prohibiting assignments
before the issued am told by the senator such
will not be- if this bill is passed Well Sir let there be
ambiguity propose The following provlso to the bill
to prevent II:
"Provided, hoeuer Tha, nothing in this act shall allow
assignees of bounty land warrants enter lands under
such in sub division less than one hundred
and sixty acres in d body"
The VICE PRESIDENT If objected to by any
SENATOR the amendment cannot be received at this stage
Of the bill without the recommtment of the bill.
Mr.. BADGER l object to the consideration Of the
amendment at this stage OF the Dill.
MIR. WESICOrT. then move to recommlt the bill
to the Committee Public Lands. ! make this motion
with the sole view of having the bill amended as sug
gested
Senate upon this matter But must insist that the gen.
teman from Florida is wholly mistaken. Ever since
the act of 1S47 the assgnees have had the rights
that the original holder had, and holder has ever
been permitted to locate his warrant upon separate and
disconnected tracts of land but has been required by
the regulations of the land Office to enter them in
body. The idea is ridiculous, that with warrant for
100 acres he can locate eighty acres here and another
eighty acres two miles distant No. sir; by the act OF
1s47 every holder is permitted to locate his warrant upon
legal subdivisions if in body. Has the senator looked
the 9th section of the act Of 18th February 1877! By
that they authorized to locate upon legal subdivisions
This act goes further There some lands held at
So so per The law of last session authorizes the
holder his widow heirs locate those lands paying
with the warrant far as II will and the effect OF this
law will be only to appreciate the value OF the warrant IN
the hands of the soldier, widow, heirs Ii purchaser
knows that the warrant be located upon such lands
he will give higher price for it. That is the effect, to
all The assignee now under existing laws, locate
his warrant upon legal subdivisions where the minimum
price 81 % per acre This bill proposes only to give
him the same right on lands the minimum price of which
is fixed at more than that sum.
Mr. WESTCOTT The senator talks entirely of the
act of ls47 Ii the act of ISIS referred TO, and not
the act of S47 authorizing the entry on warrant in
legal subdivisions of 40, so, 100 acre tracts,
without the restriction of its being in body; and this
of 1913 is the first law that contains such provision
The act of lsd7 does not.
Mr. BREESE Yes it does
Mr. WESTCOTT 1t authorizes the entry in legal
subdivisions in body; that is the difference in the two
acts The act of iS4s does not prescribe they shall be IN
body.
This bill proposes to give asslgnees the benefit OF the