Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1843-03-16

lhcatlon, aud form no part Of the com |
pact upon which any of the States acce- !
ded TO the confederation. On the con
trary, the terms Of the cession exclude
the conclusion that they were dictated
according 10 the views, and IN obedience
10 me wishes or the fears OF the recu-
SAINT States. The deed from Virginia
articularly, shews beyond controversy,
that the lands which she conveyed were
To be onsidrred and held as a several
end not joint fund, and expresses in
words too plain 10 be misunde rstoodl the
precise object for which the grant was
made. The deeds of the ceding States
run nearly in the same language, and
are to be same tenor For SAX off lus
trauon we vii. quote the words OF the
conveyance from Virginia The Ian Is
were conveyed 10 the United States as
common fund for the use and benefit
oil such of the United States as have be-
come, or shall become members of the
confederation or federal alliance OF the
said States, Virginia inclusive. accord
ing to their usual respective charge and
expenditure, and shall be faithfully and
bona hide disposed of for that purpose,
an! Tor no other use or purpose whatev,
er'. And this was an express condition
oil The CO ssion. he stipulation pre-
ciudeS the Idea that this common fund
was TO be applied to nc ord nary purpo-
ses oil the revenue. in which case all the
States, or rather the people Of them.
would receive, TOT an equal or rateable,
bur still some portion Of the benefit, aud
the stipuIa ION would have been Idle an
homogeneous, that the fund should be
held Tor the common use Of II the States
nf theUnion then exis,ing,or 10 be after
wards admitted in r.,teabe proportions
ahd thar Virginia SHOULD be entitled 10
her ra,cable share.
Whether we regard the words and
pam intent of the grant. its H. stsrv, or
mo construction which, rs we have
seen, has put upon il by the Supreme
.CoIrt,aNd by the messages Of Gen Jack
son, this was not an absolute uncondI-
tIonal grant Of these lands by the cedinp
States. Had such been intended, WORDS
appropriate to the meaning would have
been used. But the language Of this
clause clearly intended n condition c,n
shutting trust, which vested the sub
Ircis IN the Unirel States as trustee To be
executed according to the import Of the
instrument. Ii docs not lace the fund
at the absolute. or even discretiona' dis.
posal OF Congress, but limits il To a par.
tIcular oblcc'; and that object was thai
he United States should dispose of he 60
lands SO us To give tn use and benefit of
tie proceed 10 each State in proportion
10 the amount Of lis usual and necessary
contribution. according to its respective
charge for the support Of the Genera
Government. Each State, under the
confederation. was charged upon the
books of the Federal Treasury, with It's
quota Of contribution, and credi ed by
the proceeds Of the lands, when sold. in
! proportion To the amount Of money re-
CURED Of IT, and lhls particular fund was
| pledged by the terms of the trust deeds
to be faithfully and bona fde disposed
OF for this purpose, and for no other use
or purpose whatso ver." The fund was
! sacrcdIy devoted to this object, and the
United States could not divert il from
this purpose without n usurpation Of
power and Migrant violation Of good
faith aud honor. II so happeDed thar
during the existence Of the considern.
ton, there was neither opportunity nor
temptation otherwise TO dispose OF il:
Tor ia &c war debt had 10 be paid, for
which the Sat 5 were morally bound.
and the fund was constantly SO applie |,
and so continued to bs applied down TO
the period of the final extinguishmcnt
OF the na'iOnal debt in 1882, this fund
passing into the Treasury during this
time and estimated as part of the reve.
nue. by general consent, without n wish
TO disturb It's course, as all parties were
wiling iha- this debt should be first dis
arged before any other direction
should b. given TO the land fund.
But when the National debt was paid
OIL, the safe Of the case and situation OF
the country were changed. There no
longer existed the same mot We for 81.
encc and acqulescence on the part of
the States AS 10 the disposition Of this
iund- The reason had ceased, and the
law should have ceased with Oh e reason.'
In the language Of General Jack 81:
seemed, then, eur true policy that the
public lands shall cease, as soon as
practicable, to be a source Of reyenue''to
the General Government.
TO Be- ooNCLUDED1
FoR THE rIMEs
Il HAVE No MgatoDy t-C,,, ,.,,,,,,...-...