Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-07-12
Respectfully Yours.
JOS. A. WRIGHT.
WAsHISGToN CITT, I
June 18th. 1855. (

Hon. JANE. GUTHRIE, Secretary Of The Treasury
SIB:-The undersigned in pursuance of {
joint resolution passed at the last session o.
the General Assembly. approved March 5th
1866, found upon pages 25S and 260 of the
laws of the State of Indiana, passed at the
thiriy-eighth session of the General Assem-
bly,, upon the subject of the three per cent
fund, now due the State, would respectfully
submit the following points for the considera
ton of your department:
lst That by the terms Of the act of Con-
gress which admitted the State of Indians
into the Union, it is solemnly provided, that
this fund is reserved for making roads, &c.
under the direction of the Legislature thereof
I'd. The Legislation of the State, here
with referred to, commencing in 1913 up to
1852, the last law now in force, has in pur-
suance of the compact, set apart and appro-
priated said fund to the building of bridges
and improvements of highways by and through
the Commissioners of the several counties OF
the State.
3D.. We regard the State as trustee, fully
autho.ized to direct the manner that this fund
shall be applied to wit: the local improve
ment of highways, &c.
4th. This being case in whic the State
is mere trustee. If she has violated the
trust reposed in her, in any way, (Which | do
not ADMIT the people of the several counties,
being the eestui que trust, are not 10 be affec-
ted by the act of the State, but have the
right to follow their property into whosever
hands it may be found, and if changed in its
character, to take the substituted property,
Is HOWARD US. PRATT, 10 Howard, page
2ls.l
9th. The principle involved in this case,
has been decided by the Supreme Court of
the United States, in the case of PAUr,
TwIGGs e. Pryor as. DREW, Governor OF
Arkansas.
The Court say in that case, in substance,
that the lands sold did not belong to the
State of Arkansas, but were held by the State
in trust to be appropriated solely for semin-
airy of learning. The money of course Sc
cured to be paid by the purchaser, partook
Of tie same character.
9th. No court or officer will sanction the
violation of a trust; neither will one or more
bad acts of faith upon the part of the State
of Indiana outboriza +ba - 10
another act in violation of faith.
9TH. No act of trustee should prejudice
the cesta que trust. [lst johnson, 51Ol
9Th. No trustee is authorized to make
profit out of trust funds. End Story's Equity,
page 1885, This fund is not yet obtained;
the same is not as yet paid over in the man
ner required by the very terms by which the
State came into the Union, and by which she
surrendered the most important of all rights,
that of taxation of her domain.
9th. She now applies through her duly
authorized agent, for the payment of this
fund, and refers to a letter addressed by the
undersigned, to the Secretary of the Interior,
of the date of Nov. 10th, 1853, for some of
the reasons why this payment should not
longer be delayed.
10th. The very moment that Indiana ac
copied the proffered offer of the General Gov
eminent, and thereby induced the migrant
to purchase the lands, this fund became a
Vested right, and no subsequent act of the
State authorities, by the issue Of bonds or in
debtedness of any kind, could deprive the
people of the several counties from the same.
llth. No set-off is allowed by the rules
OF any civilized community, in any case of
the principal against the trustee, in a suit by
the oestn que trust. n. Y. Chancery Rep.
312, and Barnwell and Adolphus, 745.l