SECTION II. Donations in the Virginia Military Reservation, &c. ART. 1303. Whereas, the agents for such of the troops of the state of Virginia, who served on the continental establishment, in the army of the United States, during the late war, have reported to the executive of the said state, that there is not a sufficiency of good land on the south-easterly side of the river Ohio, according to the act of cession from the said state to the United States, and within the limits assigned by the laws of the said state, to satisfy the said troops for the bounty lands due them, in conformity to the said laws to the intent, therefore, that the difference between what has already been located for the said troops, on the south-easterly side of the said river, and the aggregate of what is due to the whole of the said troops, may be located on the north-easterly side of the said river, and between the Sciota and Little Miami rivers, as stipulated by the said state.(1)* 1304. The secretary of the department of war shall make return to the executive of the state of Virginia, of the names of such of the officers, and (1) Act 10th August, 1790, sec. 1. ¡ uary 27, 1835, to the 1st January, 1840. For some further provisions relative to lands granted to the soldiers of the revolutionary war, see infra "Donations in the Virginia military reservation." * See sections 3, 4, 5, 6, 7, Act 10th August, 1790. privates, of the line of the said state, who served in the army of the United States, on the continental establishment, during the late war, and who, in conformity to the laws of the said state, are entitled to bounty lands: and shall also in such return state the aggregate amount, in acres, due to the said line, by the laws aforesaid.(1) 1305. Every officer and soldier of the Virginia line, on the continental establishment, his or their heirs or assigns, entitled to bounty lands, on the north-west side of the river Ohio, between the Sciota and Little Miami rivers by the laws of the state of Virginia, and included in the terms of cession of the said state to the United States, shall, on producing the warrant, or a certified copy thereof, and a certificate, under the seal of the office where the said warrants are legally kept, that the same, or a part thereof, remains unsatisfied, and on producing the survey, agreeably to the laws of Virginia, for the tract or tracts to which he or they may be entitled, as aforesaid, to the secretary of the department of war, such officer and soldier, his or their heirs and assigns, shall be entitled to, and receive a patent for the same, from the president of the United States, any thing in any former law to the contrary notwithstanding: Provided, That no letters patent shall be issued for a greater quantity of land than shall appear to remain due on such warrant, and that before the seal of the United States shall be affixed to such letters patent, the secretary of the department of war shall have endorsed thereon, that the grantee therein named, or the person under whom he claims, was originally entitled to such bounty lands, and every such letters patent shall be countersigned by the secretary of state, and a minute of the date thereof, and the name of the grantee, shall be entered of record in his office, in a book to be especially provided for that purpose.(2) It shall be lawful, and the proper officer is hereby authorized to issue patents on surveys, which have been, or may be made within the territory reserved by the state of Virginia, north-west of the river Ohio, and being part of her cession to congress, on warrants for military services, issued in pursuance of any resolution of the legislature of that state, previous to the passing of this act, in favour of persons who served in the Virginia line, on the continental establishment: Provided, That the whole quantity of land for which the patents shall issue, by virtue of this act, shall not exceed sixty thousand acres; and that the surveys aforesaid shall be completed and deposited in the office of the secretary of war, on or before the first day of December, one thousand eight hundred and three: And provided also, That this act shall not give any force or validity to the entries, locations, or surveys, heretofore made, in pursuance of these warrants, so far as such entries, locations, or surveys interfere, in any manner, with those of persons claiming the same lands under entries, locations, or surveys, heretofore made in pursuance of warrants, granted by the state of Virginia, to the officers and soldiers in the line of that state, on continental establishment.(3) 1306. In every case of interfering claims under military warrants, to lands within the territory so reserved by the state of Virginia, when either party to such claims shall lose, or be evicted from the land, every such party shall have a right, and hereby is authorized, to withdraw his, her, or their warrant, respectively, to the amount of such loss or eviction, and to enter, survey, and patent the same, on any vacant land within the bounds aforesaid, and in the same manner as other warrants may be entered, surveyed, and patented.(4) (1) Act 10th Aug. 1790, sec. 2. (2) Act 9th June, 1794, sec. 1. (3) Act 13th May, 1800, sec. 1. 1307. Where any warrants, granted by the state of Virginia, for military services, have been surveyed on the north-west side of the river Ohio, between the Sciota and Little Miami rivers, and the said warrants, or the plats and certificates of surveys made thereon, have been lost or destroyed, the persons entitled to the said land may obtain a patent therefor, by producing a certified duplicate of the warrant from the land office of Virginia, or of the plat and certificate of survey, from the office of the surveyor in which the same was recorded, and giving satisfactory proof to the secretary of war, by his affidavit, or otherwise, of the loss or destruction of said warrant, or plat and certificate of survey.(1) 1308. The line run, under the direction of the surveyor general of the United States, from the source of the Little Miami, towards the source of the Sciota, and which binds on the east the surveys of the lands of the United States, shall, together with its course, continued to the Sciota river, be considered and held as the westerly boundary line, north of the source of the Little Miami, of the territory reserved by the state of Virginia, between the Little Miami and the Sciota rivers, for the use of the officers and soldiers of the continental line of that state: Provided, That the state of Virginia shall, within two years after the passing of this act, recognise such line as the boundary of the said territory.(2) 1309. All the officers and soldiers, or their legal representatives, who are entitled to bounty lands within the above mentioned reserved territory, shall complete their locations within three years after the passing of this act; and every such officer and soldier, or his legal representative, whose bounty land has, or shall have been, located within that part of the said territory to which the Indian title has been extinguished, shall make return of his or their surveys to the secretary of the department of war, within five years after the passing of this act, and shall also exhibit and file with the said secretary, and within the same time, the original warrant or warrants, under which he claims, or a certified copy thereof, under the seal of the office where the said warrants are legally kept; which warrant, or certified copy thereof, shall be sufficient evidence that the grantee, therein named, or the person under whom such grantee claims, was originally entitled to such bounty land and every person entitled to said lands, and thus applying, shall thereupon be entitled to receive a patent in the manner prescribed by law.(3) : 1310. Such part of the above mentioned reserved territory, as shall not have been located, and those tracts of land, within that part of the said territory to which the Indian title has been extinguished, the surveys whereof shall not have been returned to the secretary of war, within the time and times prescribed by this act, shall thenceforth be released from any claim or claims for such bounty lands, and shall be disposed of in conformity with the provisions of the act, entitled, "An act in addition to, and modification of, the propositions contained in the act, entitled, 'An act to enable the people of the eastern division of the territory, north-west of the river Ohio, to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states, and for other purposes." "(4) 1311. The officers and soldiers of the Virginia line on continental establishment, their heirs or assigns, entitled to bounty lands, within the tract reserved by Virginia, between the Little Miami and Sciota rivers, for satisfying the legal bounties of her officers and soldiers upon continental establishment, (i) Act 3d March, 1803, sec. 8. (2) Act 23d March, 1804, sec. 1. (3) Ibid. sec. 2. shall be allowed a further time of three years, from the twenty-third of March next, to complete their locations, and a further time of five years from the said twenty-third of March next, to return their surveys and warrants, or certified copies of warrants, to the office of the secretary of the war department, any thing in the act, entitled, "An act to ascertain the boundary of the lands reserved by the State of Virginia, north-west of the river Ohio, for the satisfaction of her officers and soldiers on the continental establishment, and to limit the period for locating the said lands," to the contrary notwithstanding: [articles 1308-9-10.] Provided, That no locations as aforesaid, within the above mentioned tract, shall, after the passing of this act, be made on tracts of land, for which patents had previously been issued, or which had been previously surveyed; and any patent which may nevertheless be obtained, for land located contrary to the provisions of this section, shall be considered as null and void.(1)* 1312. The secretary of the treasury is hereby authorized to obtain copies of all the locations and surveys, which have been or may be made within the above mentioned tract, [art. 1308,] and to cause to be run or surveyed, as many straight lines across the same, as he may deem necessary, not exceeding three and from these, and such other documents as may be obtained, to cause to be made a general connected plat of all the lands located and surveyed within the same; a copy of which shall be deposited in the war department, and another copy shall be laid before congress, together with an estimate of the surplus which may remain, after satisfying the bounties above mentioned. And the expenses incurred in surveying the lines and obtaining the copies aforesaid, and in preparing the general plat above mentioned, shall be defrayed out of the moneys appropriated for completing the surveys of the public lands, north-west of the river Ohio.(2) 1313. Any officer or soldier of the Virginia line, on continental establishment, or his legal representatives, to whom a land warrant has issued, by virtue of any resolution of the legislature of Virginia, as a bounty for services, which, by the laws of Virginia, passed prior to the cession of the north-western territory to the United States, entitled such officer or soldier to bounty lands, shall, if the said warrant has been or shall be located within three years, from the twenty-third day of March next, and a survey thereof has been or shall be, within five years from the said twenty-third of March next, returned to the office of the secretary of war,† obtain a patent for the same, in the same manner and on the same conditions, as patents are obtained for lands located and surveyed on other warrants of the officers and soldiers of the Virginia line, on continental establishment: Provided, That no patent shall be obtained on such resolution warrant, unless there is produced to the secretary of war, satisfactory evidence, that such warrant was granted for services, which, by the laws of Virginia, passed prior to the cession of the north-western territory, would have entitled such officer or soldier, his heirs or assigns, to bounty lands, and also a certificate of the register of the land office of Virginia, that no other warrant has issued from the said land office for the same services.(3) (1) Act 2d March, 1807, sec. 1. (2) Ibid. sec. 2. (3) Act 3d March, 1807, sec. 1. The provisions of the foregoing article have been continued in force by the act 16th March, 1810-3d Nov. 1814, till 3d Nov. 1817, for locating warrants, and until 3d Nov. 1819, for returning surveys and warrants, or certified copies of warrants, to the general land office. By the act of 22d February, 1815, the time for completing these surveys is extended to the 23d February, 1817. No patent shall be issued, by virtue of the preceding section, for a greater quantity of land, than the rank or term of service of the officer or soldier, to whom or to whose legal representatives such resolution warrant has been granted, would have entitled him to, under the aforesaid laws of Virginia; and whenever it appears to the secretary of war, that the survey or surveys, made by virtue of any resolution warrant, is for a greater quantity of land, than the officer or soldier is entitled to for his services, the secretary of war shall certify, on the said survey or surveys, the amount of such surplus quantity, and the officer or soldier, his heirs or assigns, shall have leave to withdraw his survey from the office of the secretary of war, and resurvey his location, excluding such surplus quantity, in one body, from any part of his resurvey, and a patent shall issue upon such resurvey, as in other cases.(1) 1314. The officers and soldiers of the Virginia line on the continental establishment, their heirs and assigns, entitled to bounty lands, within the Virginia military tract, between the Little Miami and Sciota rivers, shall be allowed a further term of two years, from the ratification of any treaty extinguishing the Indian title to lands within the said boundaries not heretofore extinguished, to obtain warrants and complete their locations; and a further term of three years, from the ratification of any treaty extinguishing the Indian title to lands within the said boundaries not heretofore extinguished, as aforesaid, to return their surveys and warrants, or certified copies of warrants, to the general land office; any thing in any former act to the contrary notwithstanding.(2) 1315. The provisions of act 3d March, 1807, article 1313, shall be revived and in force, with all its restrictions, except that the respective times allowed for making locations and returning surveys thereon, shall be limited to the terms prescribed by the first section of this act, for the location and returns of surveys on other warrants, that the surveys shall be returned to the general land office: Provided, That no locations, as aforesaid, in virtue of this, or the preceding article, shall be made on tracts of land for which patents had previously been issued, or which had been previously surveyed; and any patent which may, nevertheless, be obtained for land located contrary to the provisions of this act, shall be considered null and void: Provided also, That no locations or surveys shall be made within that part of the said military tract to which the Indian title remained heretofore unextinguished, until after six months shall have elapsed from the date of a proclamation of the president of the United States, declaring a treaty or treaties to have been concluded and ratified, providing for the extinguishment of the Indian title to such lands; nor shall any patent be granted for any location, survey, or entry, that has been, or shall be, made prior to the expiration of six months from and after the ratification of such treaty.(3) 1316. From the source of the Little Miami river to the Indian boundary line established by the treaty of Greenville, in one thousand seven hundred and ninety-five, the line designated as the westerly boundary line of the Virginia tract, by act 23d March, 1804, shall be considered and held to be such until otherwise directed by law: And from the aforesaid Indian boundary line to the source of the Sciota river, the line run by Charles Roberts, in one thousand eight hundred and twelve, in pursuance of instructions from the commissioners appointed on the part of the United States, to establish the western boundary of the said military tract, shall be considered and held to be the westerly boundary line thereof; and that no patent shall be granted (1) Act 3d March, 1807, sec. 2. (3) Ibid. sec. 2. See Doddridge v. Thompson, 9 Wheaton, 469. |