A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
I am aware of no precedent for granting such exclusive rights to a
manufacturing company for a nominal consideration. Congress have made
concessions to railway companies of alternate sections within given
limits of the lines of their roads. This policy originated in the belief
that the facilities afforded by reaching the parts of the country remote
from the great centers of population would expedite the settlement and
sale of the public domain. These incidental advantages were secured
without pecuniary loss to the Government, by reason of the enhanced
value of the reserved sections, which are held at the double minimum.
Mining and manufacturing companies, however, have always been
distinguished from public-improvement corporations. The former are, in
law and in fact, only private associations for trade and business on
individual account and for personal benefit. Admitting the proposition
that railroad grants can stand on sound principle, it is plain that such
can not be the case with concessions to companies like that contemplated
by this measure. In view of the strong temptation to monopolize the
public lands, with the pernicious results, it would seem at least of
doubtful expediency to lift corporations above all competition with
actual settlers by authorizing them to become purchasers of public lands
in the Territories for any purpose, and particularly when clothed with
the special benefits of this bill. For myself, I am convinced that the
privileges of ordinary preemptors ought not to be extended to
incorporated companies.
A third objection may be mentioned, as it exemplifies the spirit in
which special privileges are sought by incorporated companies.
Land subject to Indian occupancy has always been scrupulously guarded by
law from preemption settlement or encroachment under any pretext until
the Indian title should be extinguished. In the fourth section of this
act, however, lands held by "Indian title" are excepted from prohibition
against the patent to be issued to the New York and Montana Iron Mining
and Manufacturing Company.
The bill provides that the patent "shall convey no title to any mineral
lands _except iron and coal_, or to any lands held by right of
possession, or by any other title, _except Indian title_, valid at
the time of the selection of the said lands." It will be seen that by
the first section lands in "Indian reservations" are excluded from
individual preemption right, but by the fourth section the patent may
cover any Indian title except a _reservation_; so that no matter what
may be the nature of the Indian title, unless it be in a reservation,
it is unprotected from the privilege conceded by this bill.
Without further pursuing the subject, I return the bill to the Senate
without my signature, and with the following as prominent objections to
its becoming a law:
Public-domain text, read in full here on John Shaqi.
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