9. Discharge-Continued.

(d) Discharge, effect of selling-Continued.

April 17, 1851, as the subject should be left for judicial settlement. The heir of soldier can not have a better title than the soldier himself would have if surviving. Bernard Flynn (Sec. Schurz), 4 P. D. (o. s.), 219.

10. Disloyalty bars from bounty land.

The prohibition contained in the joint resolution of March 2, 1867, making it unlawful for any officer of the United States to pay any account, claim, or demand against the Government which accrued or existed prior to April 13, 1861, in favor of any person who promoted, encouraged, or in any manner sustained the rebellion, applies to claims for bounty-land warrant. Minors of Benjamin H. May (Sec. Cox), 7 L. B. P., 32; Phillip Hoppel (Sec. Schurz), 5 P. D. (0. s.), 151.

Proof of loyalty should be required of persons residing in the late insurrectionary States who claim bounty-land warrants, and the testimony of the claimant, supported by that of two credible witnesses, should be accepted in any case as sufficient. Instructions (Sec. Chandler), 3 P. D. (o. s.), 125.

The question of disloyalty, as affecting a bounty-land claim, is governed by the joint resolution of March 2, 1867, and the Department adheres to the views expressed January 18, 1876 (Sec. Chandler). Joseph Enow and William H. Ketchum (Actg Sec. Gorham), 3 P. D. (o. s.), 480.

Persons who aided or abetted the rebellion are not entitled to bounty land under the act of March 3, 1855 (section 2425 et seq., R. S.). Pardon by the President does not restore the right. Watt T. Cluverious (Sec. Schurz), 4 P. D. (0. s.), 395.

A soldier of the war of 1812 lived in Tennessee during the late rebellion: Held, That his widow, in bounty land claim, should prove his loyalty. Julia G. McDonald (Sec. Schurz), 4 P. D. (0. s.), 467.

The joint resolution of March 2, 1867, applies to bounty-land claims adjudicated subsequent to that date, but not to claims adjudicated prior thereto; and where a warrant issued prior to that date is lost, proof of loyalty is not essential under an application for a duplicate warrant; and even if a person had been disloyal, the President's proclamation of December 25, 1868, placed any such persons on the same footing as if they had never been guilty of treason. Citing U. S. v. Padelford, 9 Wallace, 531; Knote v. U. S., 5 Otto, 149; Young v. U. S., 7 Otto, 39. Heirs of widow of John H. Dent (Sec. Kirkwood), 8 P. D. (o. s.), 88.

10. Disloyalty bars from bounty land-Continued.

Service in the Confederate army is a bar, under the act of March 2, 1867 (now section 3480, Revised Statutes), to a claim for bounty land warrant under the act of March 3, 1855. Son of Richard Booth (Asst. Sec. Hawkins), 2 P. D., 299.

Claimant, as widow, being 64 years of age at the commencement of the rebellion and therefore unable to be active on either side, and a resident of Tennessee, a State alternately swept by the armies of the Confederacy and by those of the Union, and having refused to aid secession, and made oath to her loyalty, she is not debarred by the provisions of the joint resolution of March 2, 1867 (now section 3480, Revised Statutes), from bounty-land warrant. Overruling former decision, L. B. Zb, 327. Widow of Charles Lesuer (Asst. Sec. Bussey),

4 P. D., 202.

Applicants for bounty land under the act of March 3, 1855 (section 2425, Revised Statutes), must show that during the late rebellion against the authority of the United States they were known to be opposed to such rebellion and distinctly in favor of its suppression. (Section 3480, Revised Statutes.) Martha M. Welsh, widow (Asst. Sec. Reynolds), 8 P. D., 163.

(a) Pardon does not remove bar of disloyalty.

A pardon does not authorize the allowance of a bounty-land warrant to a person whose sympathies were not known to be against the late rebellion and in favor of its suppression. Martha M. Welsh, widow (Asst. Sec. Reynolds), 8 P. D., 163. See Watt T. Cluverious and Heirs of widow of John H. Dent,

ante.

11. Double warrants-when to soldiers.

Every noncommissioned officer and soldier enlisted since the 10th of December, 1814, is entitled to a bounty of 320 acres of land, provided that he obtain, on his discharge from the service, a certificate from the commanding officer of his company, battalion, or regiment, that he had faithfully performed his duty while in service. Atty. Gen. Rush, 1 Op., 184.

Two warrants for bounty land may be issued to one person for two separate periods of service in the Mexican war. James W. Anderson (Sec. Schurz), 6 P. D. (o. s.), 73.

(a) Contra-but one warrant for combined terms of service.

No person is entitled to more than one warrant, though he 'may have performed service which, if rendered by several individuals, would entitle each to a warrant. Communication to I. C. Pichett (Sec. Stuart), 1 L. B. P., 252.

11. Double warrants—when to soldiers-Continued.

(a) Contra-but one warrant for combined terms of service-Continued. Different terms of service by the same individual are to be consolidated, and one warrant for 40, 80, or 160 acres issued for the aggregate, and not several warrants for the several terms of service. Communication (Sec. Stuart), 2 L. B. P., 33.

(b) Widow of two husbands, not entitled to double warrant.

A widow who has received bounty-land warrant for 160 acres on account of her first husband, can not receive another warrant on account of her second husband. Widow of Alexander Woolworth (Sec. McClelland), 4 L. B. P., 65.

A widow who is the wife, successively, of two men, each of whom rendered service which would entitle him, if living, to bounty-land warrant for 160 acres, is entitled to but one warrant for 160 acres. Communication to W. P. Richardson (Sec. Harlan), 5 L. B. P., 455.

12. Duplicate warrants, generally.

A warrant having been issued to the soldier in his lifetime, the fact of his having been subsequently defrauded of the warrant gives the widow no claim to a second warrant. Edward Volk (Sec. Ewing), 1 L. B. P., 105.

A duplicate should not be issued where the original is known to be in existence and claimed adversely by a party other than the claimant for reissue. Since, by the regulations established by the Commissioner of the General Land Office, land warrants may be assigned in blank and pass from hand to hand, the holder who desires to locate the same writing in his name in the blank, and since he who is the assignee is decided by inspection, it will be necessary, in the case of land warrants which have been assigned by the warrantee, that the applicant for a duplicate prove complete title derived in regular succession from the warrantee by assignment and in writing. Communication (Sec. Thompson), 4 L. B. P., 511.

The innocent purchaser of a bounty-land warrant which has been canceled is entitled to a new one. Claude Pereux (Sec. Usher), 5 L. B. P., 214.

The Department must have positive proof that the original warrant was obtained through fraud before issuing a second warrant. William Chambers (Sec. Schurz), 5. P. D. (o. s.), 208.

Triplicate warrants may be issued. Charles Kinsolver (Sec. Schurz), 6 P. D. (o. s.), 75.

12. Duplicate warrants, generally-Continued. (a) Duplicate warrants when original is lost.

Where a bounty-land warrant, forwarded to the person enti tled thereto by mail or otherwise, is lost, after due publication and proof thereof of the loss, application for a reissue, and the filing of a caveat against the issue of a patent, the party entitled should receive a duplicate without being compelled to prove the actual destruction of such warrant. Father of Michael H. Morgan (Sec. Ewing), 1. L. B. P., 64.

A duplicate warrant, where the original is lost in mailing, should be in favor of the party to whom the original was issued, and be delivered to the assignee upon establishment, in the usual manner before court, of the execution of the lost assignment. Instructions (Sec. Ewing), 1 L. B. P., 112.

When the party sending a warrant, the party to whom it is sent, and the postmaster at its destination, have made oath to its sending and nonreceipt, a duplicate warrant should be issued; such evidence being preserved in the Pension and General Land Offices as will prevent the improper use of the original. James C. Young (Sec. Ewing), 1 L. B. P., 116.

A duplicate certificate of location may be issued on satisfac tory evidence of the loss in the mails of the original, and delivered to the person entitled to the possession of the original; but the transfer of title when the assignment is lost must be settled in a court of justice. Robert F. Webb et al. (Sec. Ewing), 1 L. B. P., 131.

Duplicates of warrants may issue under the act of June 23, 1860, if the original be lost or destroyed. Embezzlement by an authorized agent is not within the statute, but the loss or destruction of the warrant must be shown. Communication to George A. Hitchcock (Sec. Browning), 6 L. B. P., 244.

In any case in which it shall be proved to the satisfaction of the Commissioner of Pensions that bounty-land warrant has been lost, except lost in General Land Office, duplicate may Thomas Dix (Sec. Schurz), 4 P. D. (o. s.), 353.

Where it satisfactorily appears that more than thirty years have elapsed since the issue of the original warrant, which is claimed to have been lost: Held, That the facts justify the issue of a duplicate warrant, a caveat having been filed against issuing patent on the original warrant. James W. Anderson (Sec. Schurz), 6 P. D. (o. s.), 18.

Where it satisfactorily appears that more than twenty-nine years have elapsed since the issue of the original warrant, which is claimed to have been lost, the facts warrant the issue

12. Duplicate warrants, generally-Continued.

(a) Duplicate warrants when original is lost-Continued.

of a duplicate warrant, a caveat having been filed against issuing patent on original warrant. Widow of William Ray (Actg. Sec. Bell), 7 P. D. (o. s.), 169.

13. Embezzlement of warrant.

See SUBTITLE: DUPLICATE WARRANTS (a).

14. Erasures and rewriting.

As a warrant does not constitute a part of the legal title to land, and is not an assignable subject, it need not be sent to the Secretary for cancellation because of erasures or rewriting thereon to correct errors; but if such erasures occur in pat ents, which are muniments of title, the case would be different; though if the Commissioner of Pensions would note that such erasures and rewriting were made before signing the warrant the defect would be cured. Communication to Third Auditor (Sec. Teller), 2 L. B. P., 57.

15. Fraudulent warrants-in hands of innocent assignee.

A warrant fraudulently obtained in the name of a person deceased without heirs or minors, or of a fictitious person, is a nullity, and can not be lawfully assigned, and may be rejected or canceled by the Commissioner of the General Land Office; but a warrant having been issued to a person capable of assigning, even though fraud and irregularity be used in securing same, the title of a person innocently purchasing it is not affected by such irregularity or fraud, and the Government can not cancel the warrant by reason of such fraud. Atty. Gen. Cushing, 7 Op., 657.

Bounty-land warrants, regularly issued, though they may have been procured by fraud, or issued on insufficient evidence, are valid against the Government in the hands of innocent holders, without notice of the fraud. Communication (Sec. Stuart), 2 L. B. P., 74.

A bounty land warrant having been issued to a person capable of assigning, even though fraud and irregularity be used in securing the warrant, the title of a person innocently purchasing the warrant is not affected by such irregularity or fraud, and the Government can not cancel the warrant by reason of such fraud. Samuel Love (Sec. Schurz), 5 P. D. (0. s.), 164.

(a) Fraudulent issue to wrong person does not affect rightful claimant. The fact that a warrant was fraudulently obtained should not prejudice the claim of a person legally entitled. Heir of Philip S. Ambrose (Sec. Ewing), 1 L. B. P., 13.