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Full text of "Instructions and forms to be observed by persons applying to the Pension Office for bounty land under the act of March 3, 1855 : entitled "an act in addition to certain acts granting bounty land to certain officers and soldiers who have been engaged in the military service of the United States.""

Gc .M. L. 

973.001 
Aalunpe 
1998693 

REYNOLDS '-ISTOR1CA!. 
GENEALOGY COLLECTION 



G-e^' 



ALLEN COUNTY PUBLIC LIBRARY 



3 1833 00054 5456 



INSTRUCTIONS AND FORMS 



TO BE OBSERVED BY 



PERSONS APPLYma TO THE PENSION OFFICE 



BOUNTY LAND 



UNDER THE ACT OF MARCH 3, 1855, 



ENTITLED " AN ACT IN ADDITION TO CERTAIN ACTS GRANTING 

BOUNTY LAND TO CERTAIN OFFICERS AND SOLDIERS WHO 

HAVE BEEN ENGAGED IN THE MILITARY SERVICE 

OF THE UNITED STATES." 



WASHINGTON: 

P. NICHOLSON, PUBLIC PRINTER 
1855. 



^8 i^ 28 1 2 1 



BOUNTY LAND 

UNDER THE ACT OF MARCH 3, 1855. 

1S98693 

PENSION OFFICE, 

March 5, 1855. 
The act entitled "An act in addition to certain acts 
granting bounty land to certain officers and soldiers who 
have been engaged in the military service of the United 
States," approved March 3, 1855, entitles each of the 
surviving persons in the following classes to a certificate 
or warrant for such quantity of land as shall make, in the 
whole, with what he may have heretofore received, one 
hundred and sixty acres, provided he shall have served a 
period not less than fourteen days, and shall estabhsh 
said service by record evidence, to wit : 

1. Commissioned and non-commissioned officers, mu- 
sicians, and privates, whether of the regulars, volunteers, 
rangers, or militia, who were regularly mustered into the 
service of the United States in any of the wars in which 
this country has been engaged since 1790. 

2. Commissioned and non-commissioned officers, sea- 
men, ordinary seamen, marines, clerks, and landsmen in 
the navy in any of said wars. 

3. Militia, volunteers, and State troops of any State 
or Territory called into military service, and regularly 
mustered therein, and whose services have been paid by 
the United States. 

4. Wagonmasters and teamsters who have been em- 
ployed, under the direction of competent authority, in 
time of war, in the transportation of military stores and 
supplies. 

5. Officers and soldiers of the revolutionary war. 



4 

6. Chaplains who served with the army in the several 
wars of this country. 

7. Flotilla-men who served in the war of 1812. 
Each of the surviving persons in the following classes 

are entitled to a like certificate for a like quantity of land, 
without regard to the length of service, provided he was 
regularly mustered into service, and shall establish the 
same by record evidence, to wit : 

1. Officers and soldiers who have been actually en- 
gaged in any battle in any of the wars in which this 
country has been engaged. 

2. Those volunteers who served at the invasion of 
Plattsburg, in September, 1814. 

3. The volunteers who served at the battle of King's 
Mountain in the revolutionary war. 

4. The volunteers who served at the battle of Nicko- 
jack against the confederated savages of the South. 

5. The volunteers who served at the attack on Lewis- 
town, in Delaware, by the British fleet, in the war of 
1812. 

In addition to these classes, this act also extends to all 
Indians who have served the United States in any of 
their wars the provisions of this and all the bounty-land 
laws heretofore passed, in the same manner, and to the 
same extent, as if said Indians had been white men. 

Where the service has been rendered by a substitute, 
he is the person entitled to the benefit of this act, and 
not his employer. 

In the event of the death of any person who, if living, 
would be entitled to a certificate or warrant as aforesaid, 
leaving a widow, or, if no widow, a minor child or chil- 
dren, such widow, or, if no widow, such minor child or 
children, is entitled to a certificate or warrant for the 
same quantity of land such deceased persons would be 
entitled to receive under the provisions of said act, if 
now living. 



A subsequent marriage will not impair the right of any- 
such widow to such warrant, if she be a widow at the 
time of her apphcation. Persons within the age of 
twenty-one years on the 3d day of March, 1855, are 
deemed minors within the intent and meaning of said 
act. 

To obtain the benefits of this act, the claimant must 
make a declaration, under oath, substantially according to 
the forms hereto annexed. The signature of the appli- 
cant must be attested, and his or her personal identity 
established by the affidavits of two witnesses, whose 
residences must be given, and whose credibility must be 
sustained by the certificate of the magistrate before 
whom the application is verified. • 

No certificate will be deemed sufficient in any case*, 
unless the facts are certified to be within the personal 
knowledge of the magistrate or other officer who shall 
sign the certificate, or the names and places of residence 
of the witnesses by whom the facts are established be 
given, or their affidavits, properly authenticated, be ap- 
pended to the certificate. 

The official character and signature of the magistrate 
who may administer the oath must lie certified by the 
clerk of the proper court of record of his county, under 
the seal of the court. Whenever the certificate of the 
officer who authenticates the signature of the magistrate 
is not written on the same sheet of paper which contains 
the signature to be authenticated, the certificate must 
be attached to said paper by a piece of tape or ribbon, 
the ends of which must pass under the official seal, 
so as to prevent any paper from being improperly at- 
tached to the certificate. 

Applications in behalf of minors should be made in 
their names by their guardian or next friend. Where 
there are several minors entitled to the same gi-atuity. 



one may make the declaration. The warrant will be 
issued to all jointly. In addition to proof of service, as 
in other cases, the minor must prove the death of his 
father, that no widow survives him, and that he and 
those he represents are the only minor children of the 
deceased. 

If a party die before the issue of a warrant to which 
he would be entitled, if living, the right to said warrant dies 
with him. In such case, the warrant becomes void, and 
should be cancelled, and the party next entitled in right 
of the service claimed should make an application; and 
if there be no such party, the grant lapses under the 
limitation of the beneficiaries to the bounty. If the 
gilaimant die after the issue of the warrant, the title 
thereto vests in his heirs at law in the same manner as 
real estate in the place of the domicile of the deceased, 
and can only be assigned or located by said heirs. 

Applications made by Indians must be authenticated 
according to the regulations to be prescribed by the 
Commissioner of Indian Affairs. 

L. P. WALDO, 
Commissioner of Pensions. 



FORM OF A DECLAEATION 

To be made by a person who has never before had a land 

warrant, or made a declaration therefor. 



State of 

County of 

On this day of , A. D. one thousand 

eight hundred and , personally appeared before me, 

a justice of the peace, (or other officer authorized to ad- 
minister oaths for general purposes,) within and for the 

county and State aforesaid, : , aged 

years, a resident of , in the State of , who, 

being duly sworn according to law, declares that he is 

the identical , who was a in the company* 

commanded by Captain , in the regiment 

of , commanded by , in the war with 

Great Britain, declared by the United States on the 18th 
day of June, 1812, (or other war embraced in said act, de- 
scribing what ivar,) that he enlisted (or volunteered, or was 

drafted) at , on or about the day of , 

A. D. , for the term of , and continued in ac- 
tual service in said war for the term of fourteen days, 

and was honorably discharged at , on the 

day of , A. D. .t 

He makes this declaration for the purpose of obtaining 
the bounty land to which he may be entitled under the 
act approved March 3, 1855. He also declares that he 
has not received a warrant for bounty land under this or 
any other act of Congress, nor made any other applica- 
tion therefor. 

(Signature of the claimant.) 

* If the claimant was a regimental or staff officer, the declaration must be 
varied according to the facts of the case. 

t If the claimant was discharged in consequence of disahility incurred by 
the service, or if he was in captivity with the enemy, he must yary his 
declaration so as to set forth the facts of the case. 



We, and , residents of , in the 

State of , upon our oaths, declare that the fore- 
going declaration was signed and acknowledged by 

in our presence, and that we believe, from the appear- 
ance and statements of the applicant, that he is the iden- 
tical person he represents himself to be. 

(Signatures of witnesses.) 



The foregoing declaration and affidavit were sworn to 
and subscribed before me on the day and year above 
written ; and I •certify that I know the affiants to be 
credible persons ; that the* claimant is the person he rep- 
resents himself to be, and that I have no interest in this 
claim. 



J. P. 



FORM OF A DECLAEATION 

To be made where the party has had a warrant, and desires 
another. 

State of , ^ 

County of , ) 

On this day of , A. D. one thousand eight 

hundred and , personally appeared before me, 

a justice of the peace, (or other officer authorized to ad- 
minister oaths for general purposes,) within and for the 

county and State aforesaid, ; , aged 

years, a resident of , in the State of , who, 

being duly sworn according to law, declares that he i.-i> 

the identical , who was a in the company 

commanded by Captain , in the 

regiment of , commanded by , ii) 



the war with Great Britain, declared by the United 
States on the 18th day of June, 1812, (or other war, as 
the case may be,) for the term of , and con- 
tinued in actual service in said war for fourteen da3"S ; 
that he has heretofore made application for bounty land 
under the act of September 28, 1850, (or other act, as 

the case may be,) and received a land warrant, No. , 

for acres, which he has since legally disposed of, 

and cannot now return. 

He makes this declaration for the purpose of obtaining 
the additional bounty land to which he may be entitled 
under the act approved the 3d day of March, 1855. He 
also declares, that he has never applied for nor received, 
under this or any other act of Congress, any bounty-land 
warrant except the one above mentioned. 

(Signature of the claimant.) 



We, and , residents of , in the State 

of , upon our oaths, declare that the foregoing 

'declaration was signed and acknowledged by , in 

our presence, and that we believe, from fiie appearance 

and statements of the applicant, that he is the idcHtical >^ 

person he represents himself to be. 

( Signatures of witnesses. ) 



The foregoing declaration and affidavit were svi^orn to 
and subscribed before me on the day an*d year above 
written ; and I certify that I know the affiants to be 
credible persons ; ihat the claimant is the person he rep- 
resents himself to be, and that I have no interest in this 
claim. 

' J.P. 



10 

FORM OF DECLARATION 

To ho made by the widow of a deceased iierson who has not 

had a land warrant. 

State of 

Count 7j of 

On this day of , A. D. one thousand eight 

hundred and , personally appeared before me, a 

justice of the peace, (or other officer authorized to admin- 
ister oaths for general purposes,) within and for the county 

and State aforesaid, , aged years, a 

resident of , in the State of , who, being 

duly sworn according to law, declares that she is the 

widow of , deceased, who was a 

in the company commanded by Captain , 

in the regirnent of , commanded by 

, in the war with Great Britain, declared by the 

United States on the ISth day of June, 1812, (or other 
war, as the case may he;) that her said husband enlisted 

(or vohmteered, or was drafted) at , on or about the 

day of , A. D. , for the term of , 

and continued jn actual service in said war for the term 

of , and was honorably discharged at , on 

the day of , A. D. . 

She further states that she was married to the said 
in on the ' day of , 



A. D. , by one , a , and 

that her name before her said marriage was 



; that her said husband died at on the 

day of , A. D. , and that she is now 

a wido'v.* 

* This declaration must be accompanied by satisfactory proof of the mar- 
riage, of the husband's death, and the present widowhood of the claimant. 
If there be a public record of the marriage, a duly certified copy of it 
should be forwarded, if possible. If there be none but a privates or family 
record, such family record, or a certified copy of the same, should be for- 
warded, with the aflidavit of some disinterested persons proving the genuine- 



11 

She further declares that she has heretofore made 
appHcation for bounty land under the act approved 
September 28, 1850, (or other act, as the case may be,) 

and obtained a land warrant for acres, No. , 

which she has legally disposed of, and it cannot now be 
returned. 

She makes this declaration for the purpose of obtain- 
ing the bounty land to which she may be entitled under 
the "act approved March 3, 1S55." 

(Claimant's signature. ) 



We, and , residents of • 



the State of , upon our oaths declare that the fore- 
going declaration was signed and acknowledged by 

in our presence, and that we believe, from the ap- 
pearance and statements of the applicant, that she is 
the identical person she represents herself to be. 

(Signatures of witnesses.) 



The foregoing declaration and affidavit were sworn 
to and subscribed before me on the day and year above 
written; and I certify that I know the affiants to be 
credible persons; that the claimant is the person she 
represents herself to be, and that I have no interest in 
this claim. 

, J. P. 

ness of the original and the correctness of the copy. If no public or 
private record of the marriage exist, or can be procured, that fact should 
be set forth in the declaration ; and in such case, other evidence — such 
as the testimony of persons who knew the parties in the lifetime of the 
husband, and knew them to cohabit as husband and wife, and to be so 
reputed — will be admissible. 

S^ In no case, however, will the mere statement of witnesses that the 
claimant is the icidow of the deceased be taken as evidence of the marriage ; 
but the witnesses must state facts and circumstances from which they 
derive their knowledge or opinion that she is the widow of the deceased. 



12 

FORM OF DECLARATION 

To he made hj the widow of a deceased ferson who has had a 

land warrant, and desires another. 

State of 

County of • 



On this day of , A. D. one thousand eight 

hundred and , personally appeared before me, a 

justice of the peace, {or other officer authorized to adminis- 
ter oaths for general purposes,) within and for the county 

and State aforesaid, , aged years, a 

resident of , in the State of , who, being 

duly sworn according to law, declares that she is the 

widow of , deceased, who was a 

in the company commanded by Captain , 

in the regiment of , commanded by 



■ , in the war with Great Britain, declared by the 

United States on the 18th day of June, 1812, {or other 
war, as the case maij he;) that her said husband enlisted 

(or volunteered, or was drafted) at , on or about the 

day of , A. D. , for the term of , 

and continued in actual service in said war for the term 

of" > and was honorably discharged at , on 

the day , A. D. . 

She further states that she was married to the said 

in on the day of , 

A- ^- ' by one -=-, a , and that 

her name before her said marriage was ; 

that her said husband died at on the day of 

, A. D. , and that she is now a widow.* 

She makes this declaration for the purpose of obtain- 

*This declaration must be accompanied by satisfactory proof of the mar- 
riage, of the husband's death, and the present widowhood of the claimant. 
If there be a public record of the marriage, a duly certified copy of it 
should be forwarded, if possible. If there be none but a private or family 
record, such family record, or a certified copy of the same, should be for- 



13 

ing the bounty land to which she may be entitled under 
the "act approved March 3, 1855." 

(Claimant's signature.) 



We, and , residents of , in the State 

of , upon our oaths declare that the foregoing 

declaration was signed and acknowledged by 

in our presence ; and that we believe, from the appear- 
ance and statements of the applicant, that she is the 
identical person she represents herself to be. 

(Signatures of witnesses.) 



The foregoing declaration and affidavit were sworn to 
and subscribed before me on the day and year above 
written ; and I certify that I know the affiants to be 
credible persons ; that the claimant is the person she rep- 
resents herself to be, and that I have no interest in this 
claim. 

, /. P. 

Note. — The preceding forms may be used for applications for minors, 
mutatis mutandis. 

warded, with the affidavit of some disinterested persons proving the genuine- 
ness of the origmal and the correctness of the copy. If no public or 
private record of the marriage exist, or can be procured, that fact should 
be set forth in the declaration ; and in such case, other evidence — such as 
the testimony of persons who knew the parties in the lifetime of the 
husband, and knew them to cohabit as husband and wife, and to be so 
reputed — will be admissible. 

^p' In no case, however, will the mere statement of witnesses that the 
claimant is the widoic of the deceased be taken as evidence of the marriage ; 
but the witnesses must state the facts and circumstances from which they 
derive their knowledge or opinion that she is the widow of the deceased. 



AN ACT 

In addition to certain acts granting bounty land to certain officers and 
soldiers who have been engaged in the military service of the United 
States. 

Be it enacted by the Senate and House of Representatives 
o the United States of America in Congress assembled, 
That each of the surviving commissioned and non-com- 
missioned officers, musicians, and privates, whether of 
regulars, volunteers, rangers, or militia, who were regu- 
larly mustered into the service of the United States, and 
every officer, commissioned or non-commissioned, sea- 
man, ordinary seaman, marine, clerk, and landsman in 
the navy, in any of the wars in which this country has 
been engaged since seventeen hundred and ninety, and 
each of the survivors of the militia, or volunteers, or 
State troops of any State or Territory, called into mili- 
tar}^ service, and regularly mustered therein, and whose 
services have been paid by the United States, shall be 
entided to receive a certificate or warrant from the De- 
partment of the Interior for one hundred and sixty acres 
of land; and where any of those who have been so 
mustered into service and paid shall have received a 
certificate or warrant, he shall be entitled to a certificate 
or warrant for such quantity of land as will make, in the 
whole, with what he may have heretofore received, one 
hundred and sixty acres to each such person having 
served as aforesaid: Provided, The person so having 
been in service shall not receive said land warrant if it 
shall appear by the muster rolls of his regiment or corps 
that he deserted, or was dishonorably discharged from 
service : 

Provided, further, That the benefits of this section 
shall be held to extend to waoonmasters and teamsters 



15 

who may have been employed, under the direction of 
competent authority, in time of war, in the transportation 
of mlhtary stores and supphes. _-S58693 

Sec. 2. A?id be it further ejiacted. That, in case of the 
death of any person who, if living, would be entitled to 
a certificate or warrant, as aforesaid, under this act, 
leaving a widow, or, if no widow, a minor child or chil- 
dren, such widow, or, if no widow, such minor child or 
children, shall be entitled to receive a certificate or war- 
rant for the same quantity of land that such deceased per- 
son would be entitled to receive under the provisions of 
this act, if now living : ^ Provided, That a subsequent mar- 
riage shall not impair the right of any such widow to such 
warrant, if she be a widow at the time of making her ap- 
plication : And provided further, That those shall be con- 
sidered minors who are so at the time this act shall take 
effect. r 

Sec. 3. And be it further enacted, That in no case shall 
any such certificate or warrant be issued for any service 
less than fourteen days, except where the person shall 
actually have been engaged in battle, and unless the 
party claiming such certificate or warrant shall establish 
his or her right thereto by recorded evidence of said 
service. 

Sec. 4. And be itfurther enacted. That said certificates 
or warrants may be assigned, transferred, and located by 
the warrantees, their assignees, or their heirs-at-law, ac- 
cording to the provisions of existing laws regulating the 
assignment, transfer, and location of bounty-land war- 
rants. 

Sec. 5. A)id be it further enacted, That no warrant 
issued under the provisions of this act shall be located 
on any public lands, except such as shall at the time be 
subject to sale at either the minimum or lower graduated 
prices. 



16 

Sec. 6. And he it further enacted, That the registers and 
receivers of the several land offices shall be severally- 
authorized to charge and receive for their services in 
locating all warrants under the provisions of this act the 
same compensation or per-centage to which they are en- 
titled by law for sales of the public lands, for cash, at 
the rate of one dollar and twenty-five cents per acre ; 
the said compensation to be paid by the assignees or 
holders of such warrants. 

Sec. 7. And he it further enacted. That the provisions of 
this act, and all the bounty-land laws heretofore passed 
by Congress, shall be extended to Indians, in the same 
manner and to the same extent as if the said Indians had 
been white men. 

Sec. 8. And he it further enacted, That the officers and 
soldiers of the revolutionary^ war, or their widows or 
minor children, shall be entitled to the benefits of this act. 

Sec. 9. And he it further etiacttd, That the benefits of 
this act shall be apphed to and embrace those who served 
as volunteers at the invasion of Plattsburg, in September, 
eighteen hundred and fourteen ; also at the battle of 
King's Mountain, in the revolutionary war, and the battle 
of Nickojack against the confederated savages of the 
South. 

Sec. 10. And he it further enacted, That the provisions 
of this act shall apply to the chaplains who served with 
the army in the several wars of the country. 

Sec. 11. And beit further enacted, That the provisions 
of this act be applied to flotilla-men and to those who 
served as volunteers at the attack on Lewistown, in Dela- 
ware, by the British fleet, in the war of eighteen hundred 
and twelve — fifteen. 

Approved March 3, 1855.