Page:Federal Reporter, 1st Series, Volume 8.djvu/404

 390 FEDERAL REPORTER. �time, the original warrant or warrants under which he claims, or a certifled copy thereof, under the seal of the office where the said warrants are legally kept, which warrant or certifled copy thereof shall be sufflcient evidence that the grantee therein named, or the person under whom such grantee claims, was originally entitled to ouch bounty land; and every person entitled to said lands, and thns applying, shall thereupon be entitled to receive a patent in the manner prescribed by law." �The third section is as follows: �"That 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 terri- tory to which the Indian title bas 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 pro- visions of the act entitled ' An act in addition to and modification of the provisions contained in the act entitled An act to enable the people of the east- ern division of the territory north-west of the river Ohio to form a constitu- tion 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.'" �It will be observed that the effect of this act was to declare that a completed location within three years, and a survey and return there- of with the original or certified copy of the warrant on which they were founded, to the general land-ofiSce, within five years from the passage of the act, were made by it conditions precedent, without compliance with which no one entitled to bounty land in this district eould obtain a patent; and that by a distinct, substantive, and posi- tive provision of the same act all lands in the reserved territory not thus effectually appropriated within these prescribed times shpuld thenceforth cease to constitute a part of the reserved territory of the Virginia military land district, should be released from all claims for such bounty lands by virtue of any location or survey not thus com- pleted and returned, and should become thereby the property of the United States, to be disposed of as part of its public lands, free from any trust in favor of the soldiers of Virginia on the continental establishment, to be otherwise disposed of in accordance with the statute referred to. �This construction and effect were given to this legislation by the supreme court in the case of Jackson v. Clark, 1 Peters, 628, in which, on that account, counsel, denied the power of congress to enact it. In vindicatipg the limitation as a lawful exercise of power on the part of congress, Chief Justice Marshall pointed out that the reservation by Virginia in her act of cession was not a reservation of the whole tract of country between the rivers Scioto and Little Miami for the ��� �