3. That in execution of these solemn compacts the Congress of the United
States did, under the Confederation, proceed to sell these lands and put
the avails into the common Treasury, and under the new Constitution did
repeatedly pledge them for the payment of the public debt of the United
States, by which pledge each State was expected to profit in proportion
to the general charge to be made upon it for that object.
These are the first principles of this whole subject, which I think
can not be contested by anyone who examines the proceedings of the
Revolutionary Congress, the cessions of the several States, and the acts
of Congress under the new Constitution. Keeping them deeply impressed
upon the mind, let us proceed to examine how far the objects of the
cessions have been completed, and see whether those compacts are not
still obligatory upon the United States.
The debt for which these lands were pledged by Congress may be
considered as paid, and they are consequently released from that lien.
But that pledge formed no part of the compacts with the States, or of
the conditions upon which the cessions were made.
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