Presidents -- United States -- Messages; United States -- Politics and government -- Sources
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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