23.-Service-Continued.

(p) Muster-in--Continued.

Title to bounty land is not impaired when the muster into service was prevented by the sickness of the soldier. James Thompson (Sec. Ewing), 1 L. B. P., 194.

To obtain title to bounty land, troops called out by proclamation of the President must be mustered into the service of the United States. Communication (Sec. Stuart), 2 L. B. P., 36.

(1) Negroes.

Title to bounty land and pension is acquired by free negroes enlisted in the public service, under the act of December 24, 1812. Atty. Gen. Wirt, 1 Op., 602.

(r) New Mexico.

(8)

Under the peculiar circumstances of this case, it appearing that claimant volunteered, was subject to military orders, that his expedition to the Navajo country was by permission and under authority of the military governor of New Mexico, that the necessity of such expedition was recognized, and that only the unbroken condition of the horses prevented joining the regular forces, and that such a state of hostilities existed as the Department has heretofore recognized as sufficient to jus tify allowance for battle service, this claim should be allowed. José Morales (Sec. Thompson), 4 L. B. P., 414.

The Department having several years since decided on appeal that New Mexicans were without the provisions of the acts of March 3, 1855, and of May 14, 1856, and that decision having governed the action of the Pension Office until recently, the practice will not, at this late date, be altered. Instructions (Actg. Sec. Otto), 5 L. B. P., 153.

The disturbance in New Mexico in 1855 of the Utah, Apache, and Navajo Indians is not regarded as having constituted a state of "war," and those in that service are entitled to bounty land only if engaged in actual battle. William H. Brown (Actg. Sec. Gorham), 3 P. D. (0. s.), 486.

"Northeastern" or "Aroostook" disturbances.

Those persons engaged in service which was strictly military in its character, and under proper military authority, during the "Northeastern" or "Aroostook" disturbances (Maine), are entitled to bounty land, but those employed in a civil capacity merely are not entitled. Thomas Bartlett (Sec. Thompson), 4 L. B. P., 459.

23. Service-Continued.

(t) Oregon post route.

Service rendered at a point remote from the seat of war, and having no apparent connection therewith, though performed during the time of the war, is not such service as is contemplated in the bounty-land law. The service of this claimant as a teamster of the Oregon battalion, an organization stated to have been raised for the purpose of establishing a line of posts between Fort Leavenworth and Oregon Territory, being almost identical with that in William L. Wilson, March 11, 1878, does not entitle to bounty land. Samuel T. Miller (Sec. Schurz), 5 P. D. (o. s.), 442.

See (dd), THIS SUBTITLE.

(u) Patriot war.

Service in the "patriot war," so called, does not give title under existing law. Communication to J. W. Walkenburg (Sec. McClelland), 4 L. B. P., 31.

(") Plattsburg, N. Y.

Those only are entitled to the benefits of section 9 of the act of March 3, 1855, whose companies were called out by competent authority and whose services were paid for by the United States, whether they were actually present at or en route to Plattsburg or not. Lot E. Dunham et al. (Sec. Thomp

son), 4 L. B. P., 337.

See also (j), THIS SUBTITLE.

(w) Revenue cutters.

In order that service on a revenue cutter may give title to bounty land, the President must have, in accordance with proviso of section 98 of the act of March 2, 1799, ordered the cutter to cooperate with the Navy. Adhering to decision of Sec. McClelland (not specified). Communication (Sec. Thompson), 4 L. B. P., 411.

(x) Santa Fe traders' guard

Title to bounty land is not acquired, under the act of September 28, 1850, by the persons who volunteered to guard the Santa Fe traders. Communication to Asst. P. M. G. Warren (Sec. Stuart), 2 L. B. P., 12.

(y) Seamen.

See (n), THIS SUBTITLE.

(2) Seminole war.

See (k), THIS SUBTITLE.

23. Service-Continued.

(aa) Spy.

The act of March 3, 1855, does not provide bounty land for service as a spy, and as it is not claimed appellant served in any other capacity his claim is inadmissible. Aaron Hubbell (Sec. Thompson), 4 L. B. P., 474.

(bb) State.

Under sections 4 and 5, act of March 22, 1852, persons engaged in the service of any State, and whose services have been paid for by the United States, since June 18, 1812, have acquired title only for the length of time thus paid for. Communication (Sec. McClelland), 3 L. B. P., 102.

(cc) Substitute.

Title to bounty land is not impaired by the employment of a substitute, nor by substitute's subsequent desertion, if principal was honorably discharged. Atty. Gen. Taney, 2 Op., 470.

The substitute who performed the service is the person enti titled to bounty land. Communication to John D. Imboden (Sec. Stuart), 1 L. B. P., 252.

The substitute and not the employer is the one entitled to bounty land under the act of September 28, 1850; but when the drafted soldier served a portion of the time for which he was enrolled and then furnished a substitute, both would be entitled for their respective terms of actual service. Communication to Senator Dodge (Sec. Stuart), 2 L. B. P., 22.

(dd) Teamster.

Teamsters must have served at the seat of war to be entitled under the act of March 3, 1855, and service "en route to Oregon posts," as shown by the records, is not within the statute. Thomas J. Basye (Sec. Thompson), 4 L. B. P., 395.

See OREGON POST ROUTE, (t) THIS SUBTITLE. Wagon masters and teamsters employed in the removal of the Cherokee Indians are not entitled under the act of March 3, 1855, to bounty land, as their services were not rendered in time of war. James R. Denton, et al. (Sec. Thompson), 4 L. B. P., 364.

Service in the "Texan war" does not entitle to bounty land, as the United States was not engaged in that war. Widow of Patrick Magee (Sec. McClelland), 4 L. B. P., 81.

See SUBTITLE 23 (a):

23. Service-Continued.

(ff) "Toledo war."

The "Toledo war," so called, does not give title under section 1, act of March 3, 1855, as it was not a war in which the United States was engaged. Communication to Joseph Wood (Sec. McClelland), 3 L. B. P., 402.

(99) Traders' companies under Colonel Doniphan.

Colonel Doniphan's regiment, Missouri Mounted Volunteers, was accompanied, on a march in 1847, from Santa Fe to Chihuahua, Mexico, by a party of traders who, with the persons employed by them, were organized, for the better protection of themselves and the property under their charge, into two companies, which were discharged on reaching the city of Chihuahua, their destination: Held, That this claimant, who belonged to one of said companies, was not in the service of the United States in such a sense as to bring his claim within the provisions of the bounty-land laws, his service being more private than public in character, and he being subject to military orders only in a very limited sense. Jasper N. Davis (Sec. Delano), 9 P. D. (o. s.), 292.

See THIS SUBTITLE (x); SERVICE, 14 (a).

(hh) Volunteers.

On May 16, 1846, the Secretary of War, under the direction of the President, made a requisition on the governor of Ohio for three regiments of volunteers for the Mexican war, pursuant to which requisition the governor made a call for volunteers, and this claimant responded to the officers appointed by the governor for receiving and mustering into service such volunteers; but before the three regiments were completed, claimant's company was discharged by order of the governor. Thereafter Congress passed a joint resolution authorizing and directing the Secretary of War to pay such volunteers for the time they were detained in the service, and the claimant was paid accordingly for fourteen days' service. Actg. Sec. Crittenden held (2 L. B. P., 122) that claimant was not entitled to bounty land under the act of February 11, 1847, but submitted the case to the Attorney-General for an opinion, on receipt of which opinion the Secretary directed adjudication of the claim, in deference, as stated, to said opinion by the AttorneyGeneral. Perry Rhinehart (Sec. Stuart), 2 L. B. P., 125.

Volunteers are understood to embrace only militia organized by State or Territorial authority, and called into the service of the United States in an emergency by the President, and the statute grants bounty land to such whether they served in

23. Service-Continued.

(hh) Volunteers-Continued.

any war or not; but others, viz, those in the Regular Army or in the Navy, must have served in some war. G. R. Davis (Sec. Delano), 2 P. D. (o. s.), 274.

See THIS SUBTITLE (0).

(ii) War Department, service in.

The service which entitles to bounty land under the act of September 28, 1850, is service which is distinctly war, and not merely military service; and the act does not embrace the officers and employees attached to the War Department in Washington, D. C. Communication (Sec. Stuart), 2 L. B. P., 51.

(jj) "Winnebago disturbances."

The "Winnebago disturbances" did not constitute a "war" within the meaning of the act of September 28, 1850. Communication (Sec. McClelland), 2 L. B. P., 221.

24. Special act granting pension does not include bounty land. A special act of Congress granting a pension to a party is not to be construed as including allowance of bounty land. Peter K. Morgan (Sec. Schurz), 8 P. D. (o. s.), 35.

25. Succession of title.

Where a person entitled to bounty land deceded before he received it, leaving two heirs at law, and a will devising certain other of his real and personal estate to one to be in full of all interest in his estate. Held, That the other takes the bounty land by implication. Atty. Gen. Taney, 2 Op., 535.

Where the soldier had received bounty-land warrant for 40 acres of land, his heir may, if otherwise entitled, receive warrant for 120 acres additional, only, under the act of March 3, 1855. Son of Richard Booth (Asst. Sec. Hawkins), 2 P. D., 299. The act of June 3, 1858, operated upon all warrants which had been issued after the death of the claimant so as to vest such warrants, in case no widow survived, in the heirs general, in derogation of any exclusive right which the act of March 3, 1855, may have given to the minor child; and where, prior to the passage of said act of 1858, a warrant had been issued subsequent to the death of the claimant, and the minor child did not surrender it for cancellation until subsequent to June 3, 1858, such child's laches deprived it of its exclusive right, and the bounty should go to the heirs at law, according to the statute of distribution in the State where the ancestor was domiciled. Widow of Jacob Stiles (Sec. Thompson), 4 L. B. P., 443.