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
The great example of apparent donation of lands to the States likely
to be relied upon as sustaining the principles of this bill is the
relinquishment of swamp lands to the States in which they are situated,
but this also, like other grants already referred to, was based
expressly upon grounds clearly distinguishable in principle from any
which can be assumed for the bill herewith returned, viz, upon the
interest and duty of the proprietor. They were charged, and not without
reason, to be a nuisance to the inhabitants of the surrounding country.
The measure was predicated not only upon the ground of the disease
inflicted upon the people of the States, which the United States could
not justify as a just and honest proprietor, but also upon an express
limitation of the application of the proceeds in the first instance
to purposes of levees and drains, thus protecting the health of the
inhabitants and at the same time enhancing the value of the remaining
lands belonging to the General Government.
It is not to be denied that Congress, while administering the public
lands as a proprietor within the principle distinctly announced in my
annual message, may sometimes have failed to distinguish accurately
between objects which are and which are not within its constitutional
powers.
After the most careful examination I find but two examples in the acts
of Congress which furnish any precedent for the present bill, and those
examples will, in my opinion, serve rather as a warning than as an
inducement to tread in the same path.
Public-domain text, read in full here on John Shaqi.
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