The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-03-21
OFFICIAL.

DEPARTMENT or THE lNTKnIoR,
PxNsIeN OFFICE, March 20, 1876

PKNsIeH OFFICE, March 20, 1851.
New questions having been presented in the ex.
ccution Of the Bounty Land act Of September %,
1885, and some Of the rules and regulations hereto
fore prescribed either misinterpreted disre-
garded, the following instructions. approved by the
Secretary of the Interior issued for the benefit
OF all presons interested:
!. The act Of 18th February, 1877, having
strictcd land bounty for services in the Mexican
war to the non commissioned officers, musicians
and privates of the regular army, the claims of
commissioned officers in that service are, for the
first time, recognised by the act of 2Sth Septem-
Der, 1850. II not the intention Of that act to
bestow bounty land the ohole army Of the United
States, ohcyeuer located, but only on those whose
service connected with or had a direct refer
ence to that Nor can the act be properly con-
strued to embrace Abe officers and employees at.
tached TO the War Department in Washington,
their service not being Of that kind which con-
templated. 1t is not necessary that officers should
have been actually within the limits of Mexico or
on the borders thereof provided they were actively
engaged IN the war and directly connected with
its operations.
2. In tho war of 1912, troops were frequently
called out by State authority and not Immediately
mustered in the service Of the United States. If
the Federal Government paid such troops from the
time of their enrolment and before they
tually mustered in the service of the United States
that payment il equivalent to a recognition Of
their service from the date Of the enrolment. The
time for which they were paid by the United States
furnishes a convenient and practical standard for
estimating the period of service.
g. The conflicts with the Creek Indians which
commenced about 9TH May, 1886, and ended 10th
September, 1887, considered as embraced by
tho act Of 1885, large bodies of troops having been
mustered in the United States service, and several
engagements having occurred, attended by the loss
Of many lives in battle within that period. The dis
turbances on the southwestern frontier in lS36-in
the Cherokee country in 1886 and lS37-and the
New York disturbances In 1893 and 1889, are not
considered embraced by the provisions of the act
Of September, 1850.
a. 1t has been settled that Indians who were reg
ularly mustered in the service of the United States
and formed component part of the line of the ar
my, entitled to tho benefit Of the act In the
case of the Cherolrees, who have organized gov
crnment, and judicial system in operation, the
affidavit in support of an application for land boun
ty must be made before one Of their judges, whose
official character shall be certified by their principal
chief. The Creeks, having no judicial officers, the
United States agent in that nation il authorized to
administer the necessary oaths.
S. II has been heretofore stated that "teamsters and
artihcers were not entitled to land bounty" but
this is not to be understood if such tcamsters or
artcers belonged to the line of the army, and
regularly detailed for that particular kind of SER
vice.
g. Surgeons employed by commanding officer
at stipulated rate Of compensation, but not COM
missioncd or belonging to the line of the army,
not entitled to land bounty.
7, 1t has been decided by the Department that the
.l..Asl
the employer, is entitled to the land bounty; but
when the engagement ia partly performed by both,
each is entitled to his SHARE according to the period
Of service.
s. Where the declaration of the claimant on oath,
supported by regular and authentic discharge, is
in conflict with the military rolls the former. as
general rule, will be preferred; and, where the rolls
altogether silent to the claimant the positive
testimony of officers and soldiers with whom he
served, and whose names are found on the rolls,
will be received as evidence
8. The act Of September, 1850, excludes all per-
sons who have received, entitled to re-
ceive land bounty under any act of Congress there
tofore passed In all applications hereafter pre-
scented, reasonable time being allowed for these in
structions to circulate, it will be required that the
claimant should state in his declaration that he has
not received, is entitled to receive such bounty.
10. The Department has decided that widows are
entitled to the land bounty of deceased soldiers if
they widows at the passage Of the act of 2Sth
September, 1885, This is the law in its general
application; but the widow of an officer or soldier
killed in battle is entitled to the maximum allowance
of one hundred and sixty acres, without reference
to the period of her husbands service and, although
married woman at the passage Of the act if
married at the date qf her application, her claim is
valid.
IL. The death of officer and soldier may be
proved by satisfac tory evidence and if such officer
or soldier should die after the declaration filed at
the Pension Office, but before the issuing Of the
warrant, it shall be competent for the widow, or if
there be widow, for the minor children, to apply
for tho said warrant and receive the same, on filing
the necessary proofs Of title.
Considerable anxiety prevails in some quarters
in regard to the execution of this law, and much
impaticncc manifested as to whether applications
forwarded have been received, and when the war
rants are likely to be issued. A few explanations
will! probably suffice. Up to the time the present
Commissioner entered upon the discharge of his
duties (the LIST of December, 1867 between thirty
and forty thousand applications were received; but
as the force employed had been engaged upon other
branches Of the business, no special acknowledge
monts had been made to claimants. Early in De
spatchcd by every mail acknowledging the receipt
of claims; but as it was impossible for obvious
sons, that this circular could be forwarded TO pro-
vious applicants it necessarily confined to the
future. Hundreds, without knowledge Of these
facts, have been surprised that their own applica
lions were neglected. when others subsequently for
warded have been acknowledged by mail. If those
who sent their claims prior 10 the 10th of December
will wait patiently, they will in due time be advised,
either in the form of warrant. or by letter assign
ing the reasons Of suspension or rejection. Up to
this period the Office with all its force faithfully
applied, has only been able to issue between seven
and eight thousand warrants on declarations re-
| ceivcd in October and early in November Some
time therefore must elapse before the numerous
claims which arrived in November and early in
December can be finally acted on, Of which the
claimants can be informed by the usual printed
acknowledgment. Up to the present time about