The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-04-29

claim by virtue of certain warrant il is made
| void, although il does not assume to affect, er
dTecto, the warrant itself but passes over IT to the
land.
1.-The whole clause, then, reads thus: 'Al sales
&c, &C.. going to affect the title claim TO any
warrant Issued or to be issued, any land granted
or to be granted or to which there is right TO a
grant under such warrant issued or to be Issued.
And then the words the Issue still continue TO look
back directly to the said issue Of the warrant.
elf you suppose the words granted to be
granted to mean, granted or to be granted by 10
ation-as distinct from the warrant--the same
reasoning remains good; for, after all. there is
thing said of an issuing Of the patent. There is no
necessity for implying any thing about the patent
in order to explain the words granted or to be
granted and therefore, and under all possible
views, the issue has but conceivable antece-
dent, the issuing of the warrant
81 think, finally, that, in of doubt, the
construction 10 TO be in favor Of the right to grant
Prima acie, the holder of warrant has that right
Prima )acie, it s incident 10 all property. 1t il
an incident separabe, certainly, if the Government
creating bestowing the property 30 ordains, but
not 20 be severed by doubtful inference. In the
absence of express terrns, or irresistible implica-
,ion that construction Of the grant of sovereign
which most speedily, most amply. admits the
grantee to the enjoyment and disposal of the sub
ject matter, especially where the consideration
paid has been military service, is most worthy Of
the sovereign"
We notice that some diversity of opinion
prevails in the West in regard to the instruc
tons by which the location of warrants are to
be regulated, under the act of March last The
following communication, relating to this mat =
ter, indicates one of the differences to which
we allude:
To the Editor IF the Republic:
As western man interested in the loca ton of
land warrants for purposes of settlement, allow me
to direct attention to portion OF the "iorms and
regulations" published under the authority of the
Commissioner Of the General Land Office. One of
the printed regulations is this:
Each warrant is to be distinctly and separately
located, that it follows that no body Of land
can be located by an assignee Of various war
rantees, with number Of ioarrdlts; nor can pre-
cmptor in any more than one warrant in
the location Of the land pre-empted by him, and
the excess, If any, must be paid for by him in
cash.
find nothing in the act of Congress to sanction
any regulation of this kind. The first section pro-
vides-
'sThat the warrants which have been, or may
hereafter be, issued in pursuance Of said laws of
this act, may be located according to the legal
subdivisions of the public lands, IN one body upon
any lands of the United States subject to private
entry at the time of such location, at the minimum
price,"
This, instead of sanctioning the official regula
ton, appears to me to justify opposite construc
ton. Certainly the act does not directly or infer
entially prohibit the location Of" number of war
rants' ON any "body of land And desire to
know whether any Regulation" can effect what
clearly not contemplated by the authors of the
law.
So with regard to pre- emption locations. One
warrant-and one only-can be located by pre-
emptor, according to these regulations. The first
section of the act provides, on this point
"That any person entitled to presumption right
to any land shall be entitled to any such land
warrant in payment for the same" &c.
Will somc of your legal readers say whether
this csuse covers such a regulation as that of
which many Of my neighbors complain; and if not,
whether the regulation can be enforced? For my
part, cannot discover why pre-omptor may not
locate two forty acre warrants in payment for
eighty acre farm, or two eighty acre warrants for
one hundred and sixty farm; and if two
fories two eighties, why not two of the largest
denomination also' WISCONSIN.