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borne by the states in the same proportion as the other expenses of the war,
To a colonel, five hundred acres; to a lieutenant colonel, four hundred and fifty; to a major, four hundred; to a captain, three hundred; to a lieutenant, two hundred; to an ensign, one hundred and fifty; and, to each non-commissioned officer and soldier, one hundred.(1)
Such grants of lands shall be made to all who are or shall be enlisted.(2)
Such provisions shall be extended to the general officers in the following proportion :-to a major general, eleven hundred acres; to a brigadier general, eight hundred and fifty.(3)
The several officers belonging to the medical and hospital staff, (except the stewards and wardmasters) shall, at the end of the war, be entitled to a certain provision of land, in the proportion following, viz:
The director to have the same quantity as a brigadier general.
Chief physician and purveyor, the same as a colonel.
Physicians and surgeons and apothecary, the same as a lieutenant colonel.
Regimental surgeons and assistants to the purveyor and apothecary, the same as a major.
Hospital and regimental surgeons' mates, the same as a captain.(4)
1287. Whereas, congress, by their resolutions of September sixteenth and eighteenth, in the year one thousand seven hundred and seventy-six, and the twelfth of August, in the year one thousand seven hundred and eighty, stipulated grants of land to certain officers and soldiers of the late continental army; and, by the resolution of the second September, in the year one thousand seven hundred and eighty, stipulated grants of land to certain officers in the hospital department of the late continental army; for complying, therefore, with such engagements, Be it ordained, That the secretary at war, from the returns in his office, or such other sufficient evidence, as the nature of the case may admit, shall determine who are the objects of the above resolutions and engagements, and the quantity of land to which such persons or their representatives are respectively entitled, and cause the townships or fractional parts of townships, hereinbefore reserved for the use of the late continental army, to be drawn for in such manner as he shall deem expedient to answer the purpose of an impartial distribution.(5)
1288. Be it further ordained, That the secretary at war issue warrants for bounties of land to the several officers and soldiers of the late continental army, who may be entitled to such bounties, or to their respective assigns or legal representatives, certifying therein the rank or station of each officer, and the line, regiment, corps and company, in which the officer or soldier served. And whereas, lands are set apart for satisfying military bounties, not only in the said districts and townships, but also within the limits of purchases, made by several companies: Be it further ordained, That the persons who have purchased tracts of the federal lands, shall have credit for so much lands, as the warrants issued as aforesaid, and delivered by them to the board of treasury, cover; Provided, That in no case, deductions, on account of military bounties, shall exceed one-seventh part of the purchase.(6)*
(1) Resolution 30th Sep. 1780. (2) Ibid. 18th Sep. 1776.
(3) Ibid. 12th Aug. 1780.
(4) Ibid. 30th Sep. 1780,
See the acts of 21st April and 5th May, 1792; under which, a part of the purchase money of the lands respectively sold to the Ohio company and to J. C.
1289. The surveyor general is hereby required to cause to be surveyed, the tract of land beginning at the north-west corner of the seven ranges of townships, and running thence fifty miles due south, along the western boundary of the said ranges; thence due west to the main branch of the Sciota river; thence up the main branch of the said river, to the place where the Indian boundary line crosses the same; thence along the said boundary line, to the Tuscaroras branch of the Muskingum river, at the crossing place above fort Lawrence; thence up the said river, to the point where a line, run due west from the place of beginning, will intersect the said river; thence along the line so run to the place of beginning; and shall cause the said tracts to be divided into townships of five miles square, by running, marking and numbering the exterior lines of the said townships, and marking corners in the said lines, at the distance of two and one-half miles from each other, in the manner directed by the act, entitled, "An act providing for the sales of the lands of the United States, in the territory north-west of the river Ohio, and above the mouth of Kentucky river;" and the lands above described, except the salt springs therein, and the same quantities of land adjacent thereto, as are directed to be reserved with the salt springs, in the said recited act; and such tracts within the boundaries of the same, as have been heretofore appropriated by congress, are hereby set apart and reserved for the purposes hereinafter mentioned.(1)
The land directed to be surveyed by preceding article, shall be granted only in tracts containing a quarter of the township to which they belong, lying at the corners thereof; and the secretary of the treasury shall, for the space of nine months, after public notice in the several states and territories, register warrants for military services, to the amount of any one or more tracts, for any person or persons holding the same; and shall imme. diately, after the expiration of the said time, proceed to determine, by lot, to be drawn in the presence of the secretaries of state and of war, the priority of location of the said registered warrants; and the person or persons holding the same, shall severally make their locations, after the lots shall be proclaimed, on a day to be previously fixed in the before mentioned notice; on failure of which, they shall be postponed in locating such warrants, to all other persons holding registered warrants.(2)
After the time limited for making the locations, as aforesaid, any person or persons holding warrants, of the before mentioned description, sufficient to cover any one or more tracts, as aforesaid, shall be at liberty to make their locations, on any tract or tracts not before located.(3)
1290. All the lands so set apart, which shall remain unlocated on the first day of January, in the year one thousand eight hundred and two, shall be released from the said reservation, and shall be at the free disposition of the United States, in like manner as any other vacant territory of the United States. And all warrants or claims for lands, on account of military services, which shall not, before the day aforesaid, be registered and located, shall be for ever barred.(4) See infra.
(1) Act 1st June, 1796, sec. 1. (2) Ibid. sec. 2.
(3) Ibid. sec. 3.
Symmes, is accordingly permitted to be paid in military land warrants. No other payment has been made in such warrants for lands sold by the United States.
The residue of the provisions, respecting the location of military land warrants, as made by this supplement, not having been carried into effect, is omitted; as well as the resolution of 22d October, 1787, designating certain tracts of country for that purpose. No land was granted under either of those provisions, which are superseded and supplied by act 1st June, 1796.
1291. The secretary of the treasury shall, for the space of fourteen days, after the expiration of the nine months heretofore allowed for that purpose, register warrants for military services, in the form and manner as is prescribed; and the priority of location of said warrants, and the warrants registered under the said article, shall be determined by lot, immediately after the expiration of the said fourteen days; and a day for the location shall be fixed by the secretary of the treasury, in a public notice, given in one of the gazettes of the city of Philadelphia.(1)
1292. The respective points of intersection of the lines actually run, as the boundaries of the several townships surveyed by virtue of the act, entitled "An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen," accordingly as the said lines have been marked and ascertained at the time when the same were run, notwithstanding the same are not in conformity to the act aforesaid, or shall not appear to correspond with the plat of the survey which has been returned by the surveyor general, shall be considered, and they are hereby declared to be, the corners of the said townships: In regard to every such township as, by the plat and survey returned by the surveyor general, is stated to contain four thousand acres in each quarter thereof, the points on each of the boundary lines of such township, which are at an equal distance from those two corners of the same township which stand on the same boundary line, shall be considered, and they are hereby declared to be, corners of the respective quarters of such township; that the other boundary lines of the said quarter townships shall be straight lines, run from each of the last mentioned corners of quarter townships to the corner of quarter townships on the opposite boundary line of the same township; and that, in regard to every such township as, by the said return, is stated to contain, in any of the quarters thereof, more or less than the quantity of four thousand acres, the corners marked in the boundary lines of such township, to designate the quarters thereof, shall be considered, and they are hereby declared to be, the corners of the quarter townships thereof, although the same may be found at unequal distances from the respective corners of such townships: And such townships shall be divided, by running lines through the same, from the corners of the quarter townships actually marked, whether the interior lines thus extended shall be parallel to the exterior lines of the said township or not; and each of the said quarter townships thus bounded, shall, in every proceeding to be had under the above mentioned, or this act, be considered as containing the exact quantity expressed in the plat and survey thereof returned by the surveyor general.(2)
1293. It shall be lawful for the proprietors or holders of warrants for military services, which have been, or shall be, registered at the treasury, in pursuance of act of 1st June, 1796, during the time, in the manner, and according to the rights of priority, which may be acquired in pursuance of said act, to locate the quantities of land mentioned in the warrants by them respectively registered, as aforesaid, on any quarter township, or fractional part of a quarter township, in the general tract mentioned and described in said article: Provided always, That the fractional quarter townships upon the river Sciota, and those upon the river Muskingum, adjoining the grant made to Ebenezer Zane, or the towns Salem, Gnadenhutten, or Shoenbrun, or the Indian boundary line, shall, in every case, be accepted and taken in full satisfaction for four thousand acres.(3)
(1) Act 11th Feb. 1800.
(3) Ibid. sec. 2.
(2) Act 1st March, 1800, sec. 1.
1294. Whenever locations shall be made on any quarter township, which, according to the actual survey and plat thereof, returned by the surveyor general, is stated to contain less than the quantity of four thousand acres, except in the case of fractions provided for in the preceding section, it shall be lawful for the secretary of the treasury to issue, or cause to be issued, certificates, expressing the number of acres remaining unsatisfied of any registry of warrants for the quantity of four thousand acres, made in pursuance of the act before recited, which certificates shall have the same validity and effect, and be liable to be barred in like manner as warrants granted for military services; but no certificate shall be granted, nor any claim allowed, for less than fifty acres, nor for the navigable water contained within the limits of any quarter township, or fractional quarter township.(1)
1295. Whenever a location shall be made on any quarter township, which, according to the actual survey and plat thereof, returned by the surveyor general, is stated to exceed the quantity of four thousand acres, no patent shall be issued in pursuance thereof, until the person making such location, shall deposit, at the treasury, warrants for military services, or certificates issued by virtue of the preceding section, equal to the excess above four thousand acres, contained in such quarter township, or shall pay into the treasury of the United States two dollars per acre, in the certificates of the six per centum funded debt of the United States, or money, for each acre of the excess above four thousand acres, as aforesaid.(2)
1296. After the priority of location shall have been determined, and after the proprietors or holders of warrants for military services shall have designated the tracts by them respectively elected, it shall be the duty of the secretary of the treasury to designate, by lot, in the presence of the secretary of war, fifty quarter townships, of the lands remaining unlocated, which quarter townships, together with the fractional parts of townships remaining unlocated, shall be reserved for satisfying warrants granted to individuals for their military services, in the manner hereafter provided.(3)
1297. The land in each of the quarter townships designated as aforesaid, and in such of the fractional parts of quarter townships, as may then remain unlocated, shall be divided by the secretary of the treasury, upon the respective plats thereof, as returned by the surveyor general, into as many lots, of one hundred acres each, as shall be equal, as nearly as may be, to the quantity such quarter township or fraction is stated to contain; each of which lots shall be included, where practicable, between parallel lines, one hundred and sixty perches in length, and one hundred perches in width, and shall be designated by progressive numbers, upon the plat, or survey, of every such quarter township and fraction respectively.(4)
1298. From and after the sixteenth day of March next, it shall be lawful for the holder of any warrant granted for military services, to locate, at any time before the first day of January, one thousand eight hundred and two, the number of hundred acres expressed in such warrant, on any lot or lots, from time to time, remaining unlocated within the tracts reserved as aforesaid, and upon surrendering such warrant to the treasury, the holder thereof shall be entitled to receive a patent in the manner, and upon the conditions, heretofore prescribed by law: which patent shall, in every case, express the range, township, quarter township, or fraction, and number of the lot located as aforesaid: But no location shall be allowed, nor shall any
(1) Act 1st March, 1800, sec. 3. (2) Ibid. sec. 4.
(3) Ibid. sec. 5.
(4) Ibid. sec. 6.
patent be issued, for any lot or lots of one hundred acres, except in the name of the person originally entitled to such warrant, or the heir or heirs of the person so entitled; nor shall any land, so located and patented, to a person originally entitled to such warrant, be considered as in trust for any purchaser, or be subject to any contract made before the date of such patent; and the title to lands acquired, in consequence of patents issued as aforesaid, shall and may be alienated in pursuance of the laws which have been or shall be, passed in the territory of the United States north-west of the river Ohio, for regulating the transfer of real property, and not otherwise.(1)
1299. In all cases, after the sixteenth of March next, where more than one application is made for the same tract, at the same time, under this act, or under the act to which this is in addition, the secretary of the treasury shall determine the priority of location by lot.(2)
1300. It shall be the duty of the secretary of the treasury to advertise the tracts which may be reserved for location, in lots of one hundred acres, in one newspaper in each of the states, and in the territory aforesaid, for and during the term of three months.(3)
1301. The actual plat and survey, returned by the surveyor general, of quarter townships, and fractional parts of quarter townships, contained in the tract mentioned and described in the act to which this is a supplement, act 1st June, 1796, shall be considered as final and conclusive, so far as relates to the quantity of land supposed to be contained in the quarter townships, and fractions, so that no claim shall hereafter be set up against the United States by any proprietor or holder of warrants for military services, on account of any deficiency in the quantity of land contained in the quarter township, or fractional part of a quarter township, which shall have been located by such proprietor or holder, nor shall any claim be hereafter set up by the United States, against such proprietor or holder, on account of any excess in the quantity of land contained therein.(4)
1302. From and after the passing of this act, and until the first day of January next, it shall be lawful for the holders or proprietors of warrants heretofore granted in consideration of military services, or register's certificates of fifty acres or more, granted, or hereafter to be granted agreeable to the third section of the act of first day of March, one thousand eight hundred, to register and locate the same, in the same manner, and under the same restrictions, as might have been done before the first day of January last: Provided, That persons holding registers' certificates for a less quantity than one hundred acres, may locate the same on such parts of frac tional townships, as shall, for that purpose, be divided by the secretary of the treasury into lots of fifty acres each.(5)
It shall be the duty of the secretary of war to receive claims to lands for military services, and claims for duplicates of warrants issued from his of fice, or from the land office of Virginia, or of plats and certificates of surveys founded on such warrants, suggested to have been lost or destroyed, until the first day of January next, and no longer; and immediately thereafter, to report the same to congress, designating the numbers of claims of each description, with his opinion thereon.(6)*
(1) Act 1st March, 1800, sec. 7.
(2) Ibid. sec. 8.
(3) Ibid. sec. 9.
(4) Ibid. sec. 10.
(5) Act 26th April, 1802, sec. 1.
The time for issuing military land warrants to the officers and soldiers of the revolutionary army, has been extended from time to time, and by the act of Jan