The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-12-15
Sunlndru.
Act Of 1877 Act ofl850 Act Of 1852 Total.

Notwithstanding our stringent regulations e.
specting the assignment of warrants, frauds are
| sometimes pcrpetrated, and patents issued on
fraudulent assignments. In such cases it has been
held that this office afford no relief, and that
the only redress for the warrantees is through the
proper judicial tribunals in suit for the title to
| the lands located with their warrants. This ia
expensive, and may be uncertain when the holder
OF the patent title sells to innocen purchaser,
who has no knowledge of the fraud. The exami-
nations OF the transfers, moreover, materially
tard the issuing Of the patents, nearly all OF
| them are assigned, and with the greatest care
| fra uds of the character above mentioned cannot
| always be detected.
To avoid these evils, ns far as practicable, / re-
spectfully recommend that act be passed by
Congress authorizing this Office in all cases to
issue the patents to the person who rendered the
service for which the warrants we're granted, with
the proyso that the title shall to the benefit
of the parties contemplated by the acts of ls47 and
$780, their heirs, assignees, devisces the
may be. The United States would thus be di
vested of the fee in the lands, the rights of the SOL
diers and those holding under them would be
cured, as the rule of "caveat emptor'' would ap-
ply in all cases, and the qucstions connected with
subsequent transfers could be adjudcated by the
courts In this way the landed titles of the coun
| try would be rendered secure and permanent,
much vexatious litigation prevented, and the war
| rantees could cell and assign as usual. In the
present prosperous condition of the country, the
extent of the sGfferings and sacrifices endured in
the service for which these warrants were granted,
and the value Of that service. almost unappre.
| ciable. During the war of 1912 with England,
justly styled the second struggle for independence,
our patriotic citizens, on land and water, were
ever ready at a moments call to strike for Freedom
and shed their best blood in defence of their coun
try. Many OF these patriots have passed away,
leaving their families in straiteped circuIl Ices,
| and soIhers struggling, in the autumn Of llr,
under poverty and sickncss. to oh in a scauly
subsistence When the act of 1852 ~as pasecr
length of service appeared the mot just, if NOT
| the only criterion. by which the xtcLt Of the
| bounty should be measured. Expcucn. e., Iuw.
ever, has since proven that many of t4psc " UOse
actual service in the field the briefest endured
the greatest hardsbips and rendered most valuable
services to their country..It would seem, then, to
be just, that the same ibesal provision should be
| made for them as was extended to the soldiers of
the regular army--and that each should receive 60
acres whether his service was long or short or
| had been rendered on land or water.
In addition to those above mentioned, warrants
| and scrip have been issued by the division having
| charge OF the Virginia military and bounty lands
under the war OF 1912, amounting to 81 766 acree
That division has also been actively engaged in
indexng the old volumes and preparing new re-
cords and abstracts, &C.. so to be ready for the
issue of scrip to the holders Of Virginia military
warrants, authorized by the act OF 3lst August,
1852, as soon as the provso to the I'd section of
| that act shall have been complied with by that
State.
The execution OF this law has been devolved by
you upon the General Land Office, and, from the
experience already had, IL s evident that the prov
in 1t requiring you to be satsfcd by revision of
pfoOIs, OF Dy auut1onai tcsiImuny, mat any
| warrant y surrendered (under the provisions
Of that act) was fairly and justly Issued in pur
suance of the laws Of said Common wealth {of
| Virgna) for military services so rendered" will
be exceedingly onerous on this office, and o. the
holders Of the warrnnts, and will materially retard
the completion of the business under it. ] would
therefore. respectfully recommend that the said
proviso be repealed and the issuing of the warrant
treated prima facie evidence that the service
| was rendered blythe person in whose name il vas
granted II will then be difficult in all cases TO
ascertain satisfactorily no the presen propric.
tors, as required by the act, that the may be
| issued to them.
| The extent and nature OF this business, in auy
event. is such as TO require an increase in the
| Der and salaries of the clerks employed on it.
therefore 70 commend that the salary Of the clerk
| in charge of this branch be increased to 81 500
| per annuin, ard that authority DO given for the
| employment Of two examiners, at salary OF
ST., 800 each, and two clerks to write, record, and
| index the scrip, at a salary Of 8 900 each.
| In reference To this branch of the office, beg
leave TO invite attention ~ tho condition of come OF
the records Of Virginia military patents for lands
| in Ohio, which were issued prior TO 1924 Those
records are 81 deficient that certified copies of them
are of no use. aud cannot aid in sustaining the
rights OF the parties to whom patents were issued,
| nor can they be made available in their present
condition by any act Of Congress. IN some cascs