A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
Pierce, Franklin, 1804-1869; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Congress, representing the proprietors of the territorial domain and
charged especially with power to dispose of territory belonging to
the United States, has for a long course of years, beginning with the
Administration of Mr. Jefferson, exercised the power to construct roads
within the Territories, and there are so many and obvious distinctions
between this exercise of power and that of making roads within the
States that the former has never been considered subject to such
objections as apply to the latter; and such may now be considered the
settled construction of the power of the Federal Government upon the
subject.
Numerous applications have been and no doubt will continue to be made
for grants of land in aid of the construction of railways. It is not
believed to be within the intent and meaning of the Constitution that
the power to dispose of the public domain should be used otherwise than
might be expected from a prudent proprietor, and therefore that grants
of land to aid in the construction of roads should be restricted to
cases where it would be for the interest of a proprietor under like
circumstances thus to contribute to the construction of these works.
For the practical operation of such grants thus far in advancing the
interests of the States in which the works are located, and at the same
time the substantial interests of all the other States, by enhancing the
value and promoting the rapid sale of the public domain, I refer you
to the report of the Secretary of the Interior. A careful examination,
however, will show that this experience is the result of a just
discrimination and will be far from affording encouragement to a
reckless or indiscriminate extension of the principle.
I commend to your favorable consideration the men of genius of our
country who by their inventions and discoveries in science and arts have
contributed largely to the improvements of the age without, in many
instances, securing for themselves anything like an adequate reward.
For many interesting details upon this subject I refer you to the
appropriate reports, and especially urge upon your early attention the
apparently slight, but really important, modifications of existing laws
therein suggested.
The liberal spirit which has so long marked the action of Congress in
relation to the District of Columbia will, I have no doubt, continue to
be manifested.
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