Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-09-02


These Propositions included the following That the seeoi
has Sold snd or Of 'S other lands
thereto and most Contiguous the shall be grantee to
with provso that the five foregoing pre
on herein offered the conditions that the Convens Of
the said State shall provide ordinance rrevocabe wht
the Of the United States that and each ae Of
December next sis) shall be and remain exempt rom
tax laid by order uade authority Of the State whe
ola so en ,bs Mo- ,nd nos. The ord
nance stipulated for in the act Of Congress What was the
effect this Of Congress Of 1876 thus accepted by the Con
contained in the shall be grante did
make grant. but were merely stipulation CONTRACT o.
ton, that did the grant, perform
would operate grant, but the nhab
tsnts Of the townships not being in existence the title remain
They BOTH therefore, the conclusion that the act
OF 1929 insist the
other hand that the of 1885, in connection with thu
action Of the Convention made valid and perfect grsnha
Of the several townshpsthat the grant was to the use OF
schools generally and not to particular schools In particular
further that the act oil Of 2h
l was unnecessary superanous and void in itself and herein
son which, when accepted By the Convention to be OBJ
as shall proceed from the decisions of the Courts to show
and refer first to the Of Long Con IN error to the
Howard Circuit Court. Smiths Indiana Reports 31s
unS States and he Miami Nation Of Indians. 1881
The treaty provided that hsrs shall granted to each OF the
persons named the schedule hereuno annexed and to their
heirs and assigns BY patent from the President OF the United
The schedule provided Longlos half section
Of land, &c. In that the Supreme Court held that
made viz By patent from ae President Of the United
the treaty did not OF itself convey the te but that If the
land should be in Indian the treaty itself would have
based its decision IN part upon the case Of Doe ex dem r.
Godfrey BeaIdsey to be found the second volume Mcan
action Of ejecment brought for the of
Chief by the treaty Of 10Th August 1921 The
third article of tho treaty shall be granted BY
By DESCENT and to their heirs following tracts OF land
pierre Moran is enumerated being entitled to one seuon
under the above provison The argument used IL
n: case , was employed BY the from %
not make grant, but that further action the part oil
the United staes was to vest title IN the Indian eS
grant alleging that legislative required further ev
dence title patent necessary to
perfect the title There is surely nothing novel in this CON
;sTSetOn The treaty between the GntsI sdse 8Sd
grants Of land made before the 9th January 1873 by his Ctho
70 % o. sE Ii9a 70 lie hal mained under the
u S. held that formal ratification or confirmation
nation Sec 9th Peters Repors page 745
ond0 al Inc same deeisiSn was gwen o. the isPe t
Reports 60 These decisions override different consruc
I'd Peters Reports page ga The proposition then
Convention OF the people OF the State of Indiana became
obligatory upon the United States to the terms OF the act OF
80 sGSn as S oy ns IL at
force and virtue Of the legislative act ITSELF grant
qung other fOrmates TO the e But In order 10
hat the Of the toWaps
not then in exenehe townships that time were the
homes of Wild beasts and 1t not to be supposed
that these were the designated
that account it would not even if no other
made be nulty Even without any valuable consideration
the ganor would not be permitted to resume the
granted such charitable and benevolent because the
trustee named in the grant not existence or was
Superior Courts Great Britain and the United States
II received the sanction Supreme Court In the
Of McCod executor ochtree and Others reported ia
gu Blsekord Rep page IS this position was fully sustained
died 1870 Among other requests he made the following
AMER paying all the ossOns SeGGs' give and
S n ns s Of my eS to R
pious INDECENT youths who preparing themselves for The
ministry Of the Gospel and those only VINO strictly adhere te
at that time not Incorporated consequently had no eg
existence and therefore incapable OF acting the
Tho Court held that the legacy was void al law but ha
the st Of 43d Elizabeth chapter commonly called the statute
and given effect to grants or deyises for charitable
IDENTIFY Of that statute there inherent jurisdiction in
Courts Of Equity to give effect to that which at law w0ad
Courts of Equity both in England and tue United States
according to the tenor of repeated decisions would eeo
been mere gin Without any being
received BY the srsnto it would eeGrdns to the un"
have been valid But the grant was not mere voluntary
good and valuable consideration. 1t stipulated that the
grant should be condition, that all the land sold BY The
day December Il6, exempt from
State county, township for the of I'VE years
from and after the date Of SALE which makes the case still
stronger necessary There was no necessity for the terpo
between the parties who possessed sovereign authority WITHIN
they might entersn accordingly parties this
tract did arrange all the terms OF it, and remove al the legal
examine only the act Of Congress of 1876 have proceeded
half in the history Of this The act of 1915 contained
eePted by the Convention and the equivalent was secured
adspensaby inquire what done by the Con-
equivalent II nothing further had been done regard
person OF persons In whom the title was to vest some
act on the part Of and the state s
in the act Of ISL having at that time no the
purpose specified the grant, applying the lands granted
to the schools particular town
but to the use Of the schools Of the stse~snd the gentlemen
from Monroe admits that the United States granted the lou
the then the legislature has the to consolidate the
whom granted whether inhabitants to the
State for the Of schools within the State generally
dscloses restriction limitation The Convention did
vide ordinance by which the exemption Of the lands OF the
United States from taxation amply secured and they
adopted constitution which submitted to Congress for It's
Union The Convention appears to have been aware Of
difficulty which might arise rom the terms Of the grant
hnd that they substituted he STATE Indiana as the trustee
instead OF ne nnaotsnt OF the townships ana TINS
article OF the Constitution 1876 the following passage
II shall be the duty OF the General Assembly to provide by
law for improvement Of lands hereafter
be- granted BY The United States tsis STATE The schools
and 10 apply funds which be raised from such lands
from any other quarter to the accomplishment OF the Crane
granted for the rss Of schools or seminaes Of learning shall
sold by authority Of this State prior the eighteen hun
sale Of such lands otherwise obtained for the
poses Aforesaid shall be and remain fund o the
and for the support Of semnaries and public saoei Ih
eon o tb two sooysea he Inc Tnsed
the inhabitants Of the townships The Convention
State the trustee. Congress approved the substitution and
admitted the State into the Union The contract was thus
Of the townships was perfected to the State Bu