Maumee express. [volume] (Maumee City, Ohio) 1837-1838, 1837-12-23
idea would have been clearly expressed;


and it would have been done in words
very different from those actually ex-
pressed in the deed. A simple declara-
ton that the proceeds of the lands should
be applied to the common purposes OF
the confederation-the payment ofdebts
the common defence, or the same
purposes to which taxes are applied,
would have conveyed the idea, that the
fund when received was to be joint
fund, and liable to distribution. But the
more closely we look at the language Of
this clause OF the deed Of cession, the
more conclusivcly does it convey the
idea, that distribution in some event was
in contemplation ofthose who drew this
instrument. 1t is for the use and bene-
fit of such Of the United States as have
become, or shall become members of the
confederation, Virginia inclusive.
"If distribution was not intended,
why say any thing more than that it
was for the use and benefit Of the Uni
ted States; it would then have been re-
ceived into the common treasury, and
have been applied to the common pur-
poses of the confcderacy whoever might
be its members. But the deed is framed
with the view to the individuals who are
TO share in the trust; not to its applica-
ton in the aggregate, to the common
purposes of the country. If it be not so,
why use tie term Virginia inclusive ?
If this fund were to be used in no way
but jointly, the expression would be idle;
but with view to distribution amongst
those entitled to the benefit of the trust,
it is well applied. 1t shows that though
Virginia made the grant, part of that
grant was for her own benefit; that
she was grantor and grantee in the same
deed. As she is declaring the use, she
expressly declares that she is to come in
for portion Of that use."
I But in addition to this argument, which
to my mind is conclusive, as to the right
of the states to have this fund distribu-
ted there are other reasons and other ar,
guments that have been heretofore Who'll.
y overlooked, which have direct bear
ing upon the subject.
Under the ordinances of May goth,
1855. for disposing of lands in the ives
tern territory, this provision is made for
the disposition of these lands: "The
board of treasury shall from time to
time cause the remaining numbers (al.
luding to townships) as well as those to
be sold entire, as those to be sold in
lots to be drawn for in the name of the
, thirteen states respectively according
, to the quotas in the last proceeding requi-
silion on all the states; provided, that
in case more land than its proposition
is allotted for sale in any state at any
distribution, a abduction be made there.
, for at the next"
All this, it is true, was done under the
confederation, but this does not alter the
f nature of the grant, as we then had g
; general treasury organized, and perfor.
, ming all duties necessary to carry on 6
, general government. But let US look ,ant
, see what was considered to be the char
acter of this fund, when the government
f went into operation under the consti
tuition; was it then incorporated witt
the general revenue? | answer it was
not. find on examining into the his
f tory of onr landed interest, that in the
, first Legislation had upon the subject, un
, der the constitution, the land fund wa:
, considered separate and distinct func
from that of ordinary revenue.
l. Ia the act 10 provide for the payment
, of the public debt, and TO fund the do
mestic debt of the United States, passed
, August 4lh, 1890, this distinction is
clearly set forth. In the Goth section
of that act, the revenue of the u. S. il
pledged, after the ordinary appropria
! tions are paid. for the payment Of in
: terest on the stocks created by its pro
visions. In the 2lst section Of the
, same act Congress pledge themselves tc
) provide and appropriate hereafter, sucl
additional permanent funds as may be
requisite to fulfil the above conditions
And in the 22d section of the same act
the proceeds of the public lands arr
pledged in the following words:
"And be 1t further enacted, That th'
proceeds ofthe sales which shall b.
made Of lands in the western territory
/: now belonging, or that may hercafte
belong to the U. S., shall be and ar,
hereby appropriated towards sinking o
dscharging the debts for the paymen
whereof the U. S. now are, or by vir
tue Of this act may be holden, and shal
be applied solely to TO that use, until til,
said debts shall be fully satisfied"
$ This, | understand to be the perma
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