The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-19
NEWS III THE MAILS.


The following u the decision OF the Secretary OF
the Interior regarding the non-assignability of
bounty land warrants, to which alluded in my
dispatch of Saturday 1t was written in conse-
suence OF an appeal taken from the decision Of the
able and efficient Commissioner OF the General
Land Office, Judge Butterheld II will be seen
that the Secretary afirms the opinion Of the Com
missioner
DEPARTMENT OF THE IrTERIoR,
WAsH,sGres, March 10, 1851.
Bra II herewith return all the papers connected
shs Csc Of wsssy from ,our sso.oS IN rs
gard to the atssnablity OF land warrants under the
Shortly after the passage OF tho act had occasion to
examine, with great care the question Of the sssgna
bility of warrants issued under It. | then decided
that they assgnsble and that decision, with
the reasons on which 1t was founded was published in
has not believe, been seriously Questioned but on
the contrary, have been assured by more Of
act Conformity With their intentions hsv. seen no
reason therefore TO change the opinion which then
deliberately formed Indeed do understand that
an now asked 70 reverse my judgment becsues 1t
wrong The application addressed to me 10 to change
the Law In view Of the expression of wish by Con-
eress In an informal manner, that 1t should DO so
changed as to render warrants ss.ignable.
This application rests on singular misconoep tion Of
the principles CT law and of the Of thu diff
fer.nt depsrtments OF tn. government
The Law admitted to be In accordance with my de-
csion heeosDi,inE i to be 60 the House Of Repre-
assignabls The Senate concurred in the resolution,
with amendments, and returned it to the House,
where u was lost, from want Of time to act on the
amendments.
Itis not pretended that Congress has changed the
sw But II is eaid Il indicated purpose to do and
having failed to carry that purpose into effect I, .
mere executive officer grsv.y called to assume
gress would probably have done If IL had carried its
Intentions into effect. o argument be necessary
70 prove that have no power to do any such thing
II were to attempt it my action would be void and
Justly expose me to the imputaion of gross viola
II the executive departments should undertake to
look beyond the acts of Congress- and 10 speculate
to What were the probable wishes Of the majority Of
the two Houses where would be tho limits to their
discretion, and what would become Of the division Of
the powers of the government, which 10 the great
to be ct liberty in this case change the lsv
becsuse there was known to be q majority in both
houses OF Congress TO the change Why might
not the secrstsry Of the Treasury pay Mr. Richie
the In dsmpity which hs sought or the President di
the river and haI Dor bin to m axe the improvements
contemplated by that bill because /, quite well
known thst msjorities Of beth Houses In favor
The appellant seems to forget that there Is some
ssxy to the validity Of : Law. even when formally
expressed. The sanction of the President must be
given to ii and although, in this particular case
doubt not that the President would have ohserfuly
approved the oct, lift had been passed by Congress
cannot orbesr from adverting TO the fact that the
principle commended for By the up pelAnt would alb
Iogats practically the whole power of til executive
In this Important particular.
(signedJ ALEX. II. H STUART, Sec.
j BvrIsariELp Eco, Commisr.
Mr. Butterfeld's decision, to which the Secre-
tary Of the Interior refers, is as follows
drsrnAI LAsD orner.,
Hon A H. Stuart. secretary ct the Interior
sR-A bounty land warrant, issued under the act
of tbs 2sh Sep 1850 in OF Fisdon walksr
and BY him assigned to George Sargent, Was by the
latter the 9th instant sent 10 this Office with
quest that the said warrant be located upsn certain
ar LAM In in he m of Mr Harp
snd the patent s.nt TO him (see his letter. No 1
In reply this once addressed letter to Mt sargent
(so q, urning him the AM informing him
that the Secretary OF the Interior had decided that
under the act such warrants not assigns able and
could rot be located in the name OF an assignee.
From the refusal OF this Office locate the said
rant In ths Of he ssis Mr. sargent appealed
70 The 5scretafy Of the Interior mo 81 and the secre
tary has the pagers this oss for report
have. therefore the honor TO state that the first
r.ction Il the act Of the 2sh OF eepten ber 1850 de-
clar.s that each Of the surviving the widow minor
cberen Of deceased ommis'ionsd or non 90 mission
60 emetrs musicians, q pFiyAfs~ Psrformsd rni.
tsry service In tas act shall be entitled 70
The third section provide, that each Of said person.
sor whom proyi,ion Is by the first section shan
-sc.ivs certificate wausnt for the land 20 which
he may be entitled shsh may be located By the war
Tshee or his heirs at law, AZ any land os. upon any
the public lanes subject TO private tntry; and upon
the return OF such c,rhesis or warrant With the evil
to the General Land ctice patent should be esusd
therefor.
The land warrant po.ess.es jg.t such aud no other
2 "a .,n,a.. nravl.ion Tor A.. location bv tha u.r
.nra. ~ III. -, ~ lsw .nd A sp,. shs.ns. a, an
sn,p,,,tv toT II. iee.,op bv stIsr persops
Tnd $1,000. 80 90 a..fyn.hi. unIs.s mad. % ~
seine affirmative provision IN the set creating them
In the FIRST sconc and third sections OF tie act there
lie nothing give ccor 10 the idea that warrants
can be ss.ign-d; but on the eon.rarl. the express
E.t,iS 80 .b.tt - iasstd - 49,. ~.-,.o,ss \, III.
-. $50, sseir1s. n ,otion "a - ...ignsbltv
~, I. n. So a. $4,000 80 a.signr,sat.
a.. - : ...sin,s - - ,o,,d 4, ~. ,o,rsh -
- =. - -, x.',I-s,'y ar rt,S. =, .,.i,nn-r,
80. $50. ~, 49,. tsny1,s-s AZ m. ,onrth .s.,io,
:, ~. - - 80 ro,e.yo-d ln..,5
!. - -, : "A 't.s1nai .a.sy. rna-if.s,iv a.
saS -, 80 r..tr, ,for. mo, ~.
, - ,ia 4, 80 : -. -, ,sr,. - ~. - nj
p., 80. h,it1,ss ~, ~. ~ "a, -. t.o.t.cas
~ TO-, n .ar,,a, ,,.n,s ,ctntr ne 1890. nnl
80 Sosd su ,ss, mSsisassr sttsr. az .t,oro.v or
otb., t,,trum.nts q, urtng gon1 10 acct ths ttls
49, "a IN 90 sry w.,yast ar issued or 10 b,
g s,sw ~ - "a 1000 -, - s.. ,s.r,ad ,nar
a. =, tt. 49, emaorted urfo, ~ ms i.sas