Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1855-04-13


following important decision, in which he draws
u lust distinction between distant and actual ser.
vice in time Of oar:
PrNsloN OFFICE April ), 1855.
SIR: Frequent inquiries made whether
person who was in the military or naval service
Of the United States during any of the wars in
which this country has been engaged since 100
is entitled to bounty land under the act of March
3, 1853. if he was not at the seat of WAY.
In executing the act of September -, 1850
the Department early decided that no person
could be u beneficiary under that act for military
service during any of the Indian wars since l19D
unless ho WAS at the seat of war in which he
claimed to have served. This decision hus been
uniformly pursued, and has received the appro-
hation OF the present Secretary Of tho Interior.
Bat il ia suggested that there is such di-
ference in the language of the statutes of Sep
tcmhcr -, l55o. and March ,, 1853. rs to war.
rant the conclusion that Congress intended to
mike all persons bcneteiares under the latter
net who were in either military naval service
during any of said wars, whetherihcy were actu
ally al the seat of wni not.
| have carefully collatcd the language of the
| two acts and am unable 10 discover such dtte
renee as will Justify the conclusion claimed. The
words Of the stututc of Sritcmhcr 2S ,tJo, are
substantially these: "Eycr5 elicer, &c.. who
performed military service in any regiment, &c g,
! Great Britain, &c, in Gag ihf iuaian irdrs
since 100" shnll be entitled Ia #aaA. Tho words
: Of the statute of March 3, lS.,1, sphstanti-
! ally tGes": Every of Ger, ~, who wos ~ ga
J iar.N ma-tcIrd INTO the service Of the United
States, all eroln officer in the navy, in an Y al
! tn y1rs IN rhisb This country has 5ecn engaged
sine i13o." shah he entitled 10 rec - land, &c.
Now, the idea suggested to the mind these two
forms If expression is identical, t" wit, actual
Serrice in irar II the service il actual, aud IN
a war. il - as - ~ tive seat OF cannot
tAr,ef - enc. N. Ideab! but that thr constrnc
ton tho,e sta,ttos should bc the same.
Buf t. e4ahlc IL % ascertain the true con
stInction of Il Jaw, we are permitted Ia look Il
the effects and consequence Or to its spnit an,
| meaning. Now, if the construction claimed b,
adopted. every person who was in the military O
naval service of thu United States during thu
war with the i5arbary states. in 1903 \, or th
| BAcIs Hawk war in 1888 or the Florida war
from 80 TO ls42, although they were thousand
Of miles from the seat of war. will he entitled t,
one hundred and .iGty acres of land. II make
no difference between the man who pcriled hi
life in the harhnr of rripof or in the evergladc
o, Florida and the man who was at the sam
ting cruising in some distant water, or quartct
at some spot where no hostile foot could tread.
service in the army or navy only WAS intended b,
Congress- il should have omitted the words ~
anu Of the ,enrs :" but by using these words
il is evident that actual service in such wars /
intended to entitle any one to land. am, there
fore, of opinion that no person can I've henehci
AIRY unler the first section of the act OF March
1865, who has not performed fourteen days ser
vice at the seat Of the in which he shall CLAIM
to have served.
l.. 2. WALDO, Commissioner