The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-01-17
BY BRRT ARnsTKoSe.

vrsiais -MiMtary Boanty- Lsnd warrants.--
Opinions Of the Attorney General or the
ATTORNEY CEREALS OFrIcr.
January z, 1864.
6n Your latter OF the 2th OF August calls for my
ohcie! opa4on upon two Questions, namely
!. Whshsr, under the act OF Congress Of August 81.
is52, making further provision for the sasiaction OF
nisaSy bauhty-aad warrants. issasd previously 10
csan date BY the State OF Virginia, for seTvica N the
revolutionary war scrip be granted BY the United
States ssch OF said warrants as were issued for ad-
dNonA land an account Of supsfnumersry OF consttns
And, Whether scdp can be granted in satisfaction
of such warrants aforesaid Tor additional land - the
Technically termed ssdead service r
The material part Of the act Of Congress upon which
the questions arise. is in the following words:
.Bs Il saae.sd By and House of Rsprsss~farv
That all sscd outstanding military land WARRANTS
usrts Of wsnsns issued alloy st Ihs hxs day Of
March, eaheen hundred and Higsso, by the proper
,horltss o the Commonwealth Of vginia, for military SER
vices performed by the oneers and soldiers seanen or ma-
rine. Of the Virginia State and continental lines in the
army OF navy revolution may be surrendered 70 the
Secretary the Interior, who, upon being satisfied by
revson ot the proofs by additional testimony, that
warrant surrendered was fairly and Justly issued IN
pursuance Of the laws q sad Co,Hmon"eai,h 100 military
services rendered. shall issue land scrip IN favor Of the
present propreors OF waran thus surrendered, for
l9s whole Or 1 any yst e. as a,e
the warrant thus surrendered and which remains nnsas-
lei
lands owned by the United States subject sale private
entry" flaws otlS5l-'2 p l43.)
This provision is amply definite and precise in its desg
nation OF the land warrants Tor which scrip is to be
L. Unsaiised outstanding military land warrants is
sued before certain date. 4 4.
2 Such warran,. Issued by the proper authorities OF
g. Issued for military services performed by the officers
and soldiers, or marines, of the Virginia
nental and Stale lines in the army or navy Of the rev.
s. Warrants fairly and justly issued in pursuance Of
The laws Of The Commonwealth Of Virginia.
perceive no reason 10 doubt as to the rule BY which
my own Judgment is 70 be guided in the special matter OF
inquiry submitted. lam 10 consider what warrants.
sweng other respects 10 the conditions OF the act Of
Congress- have been issued by Virginia 'in pursuance
OF the laws OF said Commonwealth"
In prosecuting this particular inquiry. if appear thai
any provision Of The s,alue OF Virginia is Of questionable
import and the courts OF that State have consdeed and
construed such provision, their decsion is, 10 my view
Of the settled principles Of law, obligatory my udg-
menl, iat as any judicial exposition OF statute be.
and acqu'escs IN this doctrine as given TO me by
the Supreme Court OF the United States the ot
Elmendorn -. Taylor. x Wheaton, l5s, where the
court ray, BY Chief Justice Marshall:
" This court has uniformly proisssed disposition. in
cases depending on the iAws OF particular State. to
sdop, the s.rucon which the courts Of the Stale
have given those laws. This founded upon
the principle supposed 10 be universally recognised that
the judicial department Of every government where such
department exists. is the appropriate organ for con-
sirsHg the Legislative acts 0f tina, government Thus,
court 10 The universe which proessea 10 be governed by
principle woult we presume, undertake to say the courts
oil Great Britain, OF France, oil any other nation,
had misunderstood their own s,au,eA, and therefore
erect itse5 into tribunal which should correct such
mistakes We receive the construction kive:i by The
of The nation hc true sense OF The aw and eei
ourselves liberty to depart IRON that cons,ruc
ton iuEu 10 depart from iss words OF The statue. On
hsprDcps tle.consruciion given by this court 10 the
consultation and laws OF the United States is received BY
all - the true eonsucion and on the SAME principle The
construction gwen BY the several courts OF the States TO
f.s aICa ariu nj thrSa ia al
unless l5ey conflict with the constitution, laws, orealie
of the United States.'
This doctrine has been recognised by the Supreme
Court in numerous cases (See Pok's lessee vs. Wen
dell, ii Crsuch, 81; klckesn DeIaney's lessee. v
CraDch, - Prston ~ browder; Wheaion. us Mu-
isal Assurance Society Vs. Waits. Wheat, 27s; Shipp
1t al. r. Mllers heirs, ii Wheat 3ie; Shelby vs.. Guy,
ii Wheat, 3sl; Gardner rs Coil,us. Peters. So; Me.
Cluny Snlianxn. IN Peters, at United States %
siour.on " Peters. l27; Golden ~. Prince, iv Wash
In truth THIS doctrine is the necessary application OF
the provision OF the act Of Congress OF September a.
l7ss ch 20 81 winch ensc,s that The laws OF The
several Staes except where The constitution, eaes or
laws of the Uned States shall oh~rv require or pro-
vide, shall be regarded rules oil decision IN The courts
Of the United States where they apply that is IN deal
ing with The rights OF persons property acquired un.
d-r the laws Of any given State. (Uned States "a
Woosop. Galls C. C. RS.
And The received judicial exposion OF any statute OF
Sais BY the hxhes judicial authority OF such Slate be-
comes a. nach part cf the law, when II comes TO be
considered BY the Supreme Court of the United States
n II ouch expOaau0n were statutory enactment. kbreen
., Neal. VI PeieTs. 2ol)
II this doctr,ne were a questionable one which il il
the rule of judgment would have TO be follow
ed in the present for the act OF Congress express
enacts that the OF the validity OF any warrant o The
Commonwealth Of Virginia, claiming TO be exchanged
fos scrip. shall be rhe laws Of said Common wealth
What. then, is the law OF Virginia in the mal,et-lhe
statutes, If iher enacnenis be OF indspuiable import
the Judicial construction OF such Statutes In case oi
any doubt, by The proper iribunals OF thai State
By act Of the legislature OF Nirgnis passed al the
May session in 1870, entitled "An ACT concerning off
soldiers, saIlors, and Marines, (x Heung Stat,
a. eh o. additional Inducements were held out IN mo-
Dey clothing kc-, induce eDlistments or reenlisi-
msnis for service during the continuance o tho The
act then proceeds 10 say:
sAs ths swd n iAs every of the said soldiers sa-
ore, and mafines shai re entitled 10 grant OF one
hendved sctes oi any uuapPropria,ed land within this
Commonw cath and every OF The officers commanding
Ike quantity OF land is allowed TO officers OF the
came rank in the Virginia regiments on continental esab-
lshment"
A general officers OF the army being citizens OF this
Common saIth. and all field officers, captains and sub
slterns commanding, who shall command, in the bat
ialions OF this Commonwealth or continental establish
ment, serving in The baalions raised for the mme-
daw defence OF this Stale, Tor The defence OF tbe
United States; and all chapans, physicians, surgeons,
and surgeons males appointed 10 the said bstaop. or
any OF them, being citizens Of this Commonwealth, and
being the o Georgia, OF any other State.
provided Congress DO not make tanlamo1nt pro-
vision for them, who shall benceforwafd or from
The time OF their being commissioned, until the end OF
the war
"And all such officers who have or shall become sn-
pernumersry The reduction OF any OF the SAID bat
hlons, and shall again enter the service If required 80
70 do, 10 The same any higher rank, and continue
Msr.n until The eud OF The shall be entitled 10 halt
lta fhc tlefef min oil