Presidents -- United States -- Messages; United States -- Politics and government -- Sources
In expending the appropriations made by the last Congress several cases
have arisen in relation to works for the improvement of harbors which
involve questions as to the right of soil and jurisdiction, and have
threatened conflict between the authority of the State and General
Governments. The right to construct a breakwater, jetty, or dam would seem
necessarily to carry with it the power to protect and preserve such
constructions. This can only be effectually done by having jurisdiction
over the soil. But no clause of the Constitution is found on which to rest
the claim of the United States to exercise jurisdiction over the soil of a
State except that conferred by the eighth section of the first article of
the Constitution. It is, then, submitted whether, in all cases where
constructions are to be erected by the General Government, the right of
soil should not first be obtained and legislative provision be made to
cover all such cases. For the progress made in the construction of roads
within the Territories, as provided for in the appropriations of the last
Congress, I refer you to the report of the Secretary of War.
There is one subject of a domestic nature which, from its intrinsic
importance and the many interesting questions of future policy which it
involves, can not fail to receive your early attention. I allude to the
means of communication by which different parts of the wide expanse of our
country are to be placed in closer connection for purposes both of defense
and commercial intercourse, and more especially such as appertain to the
communication of those great divisions of the Union which lie on the
opposite sides of the Rocky Mountains. That the Government has not been
unmindful of this heretofore is apparent from the aid it has afforded
through appropriations for mail facilities and other purposes. But the
general subject will now present itself under aspects more imposing and
more purely national by reason of the surveys ordered by Congress, and now
in the process of completion, for communication by railway across the
continent, and wholly within the limits of the United States.
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