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

In his Interpretation of the act of Congress of
2sth September, 1850, authorizing the issue Of
non assignable bounty land warrants, the Hon.
A. II. Ii. STUART. Secretary of the Interior,
decided that the soldier, after locating his war
rant, could not make valid title to the land SO
located until after the issue of the patent. The
accuracy Of the decision was called in question
by parties holding and dealing in these war
rants and Messrs. WAsHBURNE and Woop-
MAN, firm doing business at Mineral Point,
Wisconsin, submitted the subjoined questions
to the Hon. RuyUs CHoArE in relation to the
right of warrantee to sell and convey the land
he might locate prior to the issue of the patent:
81. Under the act Of Congress Of September
D, 1850, granting bounty lands 70 soldiers, &c,
can the soldier make valid conveyance Of the
land located by him at any time after the same 10
located, or must be wait until patent has Issued
for the came from the Government
-. Does section 4 Of that act make void all
sales. mortgages, letters Of attorney, &c. made
prior to the Issue Of the patent though made after
the issuc Of the certificate or warrant
80. On the let day Of January, 1851, the United
States Government granted to Charles Bryant q
bounty land warrant or certificate for one hundred
and sixty Of land under the above named act
On the goth day Of February. 1851, said Bryant
executed power Of attorney in due form to Samuel
Smith, authorizing said Smith to locate the same
upon any vacant Government land in the United
States. At the same time he gave ssid Smith another
power Of attorney, authorizing said Smith to con
vey tn. land which he (Bryant) might acquire
under said bounty land certificate. On the 25th
day Of April 1851, said warrant duly located
AT land Office in Wisconsin, under and by virtue
Of the fret named power. On the 29ih day OF
April, 1851, said Smith. attorney in fact, aIore-
said, conveyed the land thus located TO Tbomn,
Whitman, jr. Was the conveyance then made
such to pace a valid title TO Whitman"
Mr.. CuoArE's opinion on these questions.
though given in September LAST, has only just
been brought to light through the columns OF
tho Galena Ollnois) .4dUertiser. As all war
rants are now assignable, he interest Of the
opinion attaches principally to those located
and purchased previous to the passage Of tho
act of the present Congress.
The question depends upon the meaning Of
the lh section Of the first act, which sets
forth that all sales, &C., SC, made or exc
cuted prior to the issue, shall be null and void y
| Mr. CHoATE's view is, in effect, that the
! phrase "prior TO the issue" has reference to
the issue Of the warrant and not to the issue
Of the patent; and is, therefore, in favor Of the
validity Of the conveyance illustrated in the
third inlerrogatory submitted to him. We
| give portion Of his argument:
81 am unable TO sec that the words after issued
'or any land granted or to be granted affect tn,
reasoning by which ] support my construction
| The section means wholly to avoid all ssles, &c
| &c. prior to TIC issue Of tho warrant. To secure
this object it employs very comprehensive pbra
seology, which at last means more than this
'al sales, &c, going 60 al. Ct any warrant, or III,
land II entities 10, made prior to the ssue Of the
warrant, shall be void Thus, if person entitled
TO warrant should make instrument ia writ
ing TO affect any and all land which he nigh,