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common fund for the expenses of the war. " Virginia re-
quires, as a precedent condition to cession, "that the ne-
cessary and reasonable expenses" of the State, in the war
within her territory, should be reimbursed; and proceeds
then to designate the proportion in which the several
States should profit by the fund, according to the several
respective proportions in the general charge and expendi-
ture. What was that general charge and expenditure?
Not civil expenses, certainly, for, at that period, the States
bore each, for itself, all such expenditures, even including
the pay of its respective delegates in Congress. But it
was, as is answered even by His Excellency himself, "the
charges of war and all other expenses incurred for the
common defence and general welfare. '' To these charges
the public lands were first to be applied, and their ultimate
trusts, after their defrayal, in the same proportions, "to be
considered as a common fund, for the use and benefit of
the States, (including the States ceding, ) to be disposed of
faithfully and bona fide for that purpose, and for no other use
or purpose whatsoever. " It is undoubtedly true that the
"distribution of the lands among the States was not con-
templated at the time of the cessions. " The plan of a
cession of them to particular States, was reserved for later
days and other commentators on the meaning and import of
the words "for the common use and benefit of all the
States. " The resolution of Congress, recommending ces-
sions to the States, looks to the public lands as a fund,
from which the expenses in maintaining and acquiring this
territory, should be reimbursed. Judge Story, whom but
to name, is to demand for his opinions that respect which
is always paid to laborious research, comprehensive intel-
lect and sage wisdom, states in vol. 3d, p. 197, "the public
lands hold out, after the discharge of the national debt,
ample revenues to he devoted to the cause of education
and sound learning, and to internal improvements, without
trenching upon the property or embarrassing the pursuits
of the people by burthensome taxation. The constitution-
al objection to the appropriation of the revenues of the
Government to such objects, has not been supposed to ap-
ply to an appropriation of the proceeds of the public
lands. "
It occupies time, entirely exhausting the patience of
this house, to quote, all the precedent authorities, establish-
ing the position's, either that the public lands are a trust fund,
and Congress bound by the limitations of the trust; or that
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