[Secretary at War / Litter / June 13. 1795— / a letter to Gov^r Brooke] [22] [X X X] War Office June 13. 1795. Sir, The applications to this Office for patents for bounty lands surveyed on the Northwest side of the Ohio for Officers and Soldiers of the Virginia line, on continental establishment, or their heirs or assigns, oblige me to trouble you with a short detail of the proceedings here on the subject and of the difficulties which still oppose the execution of the laws of Congress passed the 10^th of August 1790 and the 9 of June 1794, providing for the issuing of such patents. In consequence of the first law, the Secretary of War on the 15 of September 1790 transmitted to the Governor of Virginia a list of the Officers and Soldiers of the line of that State on continental establishment, and of the quantity of land they were entitled to by the Acts of Congress instead of the laws of Virginia. This mistake was noticed by Governor Lee in his letter of December 19 1791 who at the same time requested the return directed in the second section of the Act of Congress of the 10^th of August 1790. After the receipt of this letter, the Secretary of War on the 9^th of January 1792, informed the Governor of Virginia, that the Muster Rolls and Returns in the War Office were defective: that the United States promised lands only to Soldiers enlisted during the War; but that Virginia appeared to have extended her bounty to soldiers engaged for more limited periods: and therefore requested the Governor to furnish the authentic documents in the public Offices in that State which would exhibit the names of the persons on continental establishment, entitled by the laws of Virginia to the lands in question. To this letter no answer appears to have been received. The following observations will show what steps are to be taken previous to the issuing of patents and why they have hitherto been denied. 1. The act of the 9^th of June 1794 requires, that besides the land warrant or a certified copy thereof, there must be produced to the Secretary of War "a certificate [underline: under the seal of the Office] where the warrants are legally kept, that the same or "a part thereof remains unsatisfied." 2. There must be produced a survey agreeably to the laws of Virginia for the tract or tracts to which the applicant is entitled. 3. The Secretary of War must endorse upon each patent before the seal of the United States is affixed to it "that the grantee therein named, or the person under whom he claims was originally entitled to such bounty lands." 4. Several warrants, or certified copies thereof accompanied with surveys have been produced to the War Office for the purpose of obtaining patents; and Colonel Anderson (who is supposed to be the proper Officer) has certified that the same warrants or parts thereof, remained unsatisfied: [underline: but this certificate was not under the seal of his Office.] 5. Because the Muster Rolls and Returns in the War Office are defective, the Secretary of War cannot certify, on the back of the patents, that the grantees or those under whom they claim, were originally entitled to such bounty lands. 6. To supply the defect mentioned in the fourth observation, I have proposed that Colonel Anderson should provide himself with an official seal and that he affix the same to all the certificates he shall give in future, of warrants wholly or in part unsatisfied. 2^nd That if he can ascertain the certificates which he has already given, he should make a list thereof describing the warrants on which they were endorsed, and to this general list subjoin a certificate applying to the whole and affix his official seal thereto. Or 3^rd and which would be more in order: the more laborious, make out copies of all the warrants on which he has already given such certificates and on each make a new certificate under his official seal. Of the Executive of Virginia the Secretary of War is obliged to request 1. A certificate where the land warrants in question are legally kept; and of the name of the Officer authorized to give the certificates, that the same or any parts thereof remain unsatisfied. 2. Authentic lists of the Officers, non commissioned and soldiers of her line, on Continental establishment, who by her laws are entitled to bounty lands: the lists to specify [underline: the Ranks] — [underline: the times of service] — and [underline: the quantity of land to which each individual was entitled.] The various requisites now mentioned it is hoped may, before a long time, be obtained. There is a fair prospect of peace with the Indians Northward of the Ohio; and as soon as that event takes place, the persons interested will be importunate in their applications for patents. With great Respect I am Sir Your most obedient Servant Timothy Pickering His Excellency, Governor Brooke