It was during one of the darkest hours, before Sherman had begun the march upon Atlanta or Grant his terrible movement through the Wilderness, when the paintings of Bierstadt and the photographs of Watkins, both productions of the war time, had given to the people on the Atlantic some idea of the sublimity of the Yosemite, and of the stateliness of the neighboring Sequoia grove, that consideration was first given to the danger that such scenes might become private property and through the false taste, the caprice or the requirements of some industrial speculation of their holders, their value to posterity be injured. To secure them against this danger Congress passed an act providing that the premises should be segregated from the general domain of the public lands, and devoted forever to popular resort and recreation, under the administration of a Board of Commissioners, to serve without pecuniary compensation, to be appointed by the Executive of the State of California.

His Excellency the Governor in behalf of the state accepted the trust proposed and appointed the required Commissioners; the territory has been surveyed and the Commissioners have in several visits to it, and with much deliberation, endeavored to qualify themselves to present to the legislature a sufficient description of the property, and well considered advice as to its future management....

The union of the deepest sublimity with the deepest beauty of nature, not in one feature or another, not in one part or one scene or another, not in any landscape that can be framed by itself, but all around and wherever the visitor goes, constitutes the Yo Semite the greatest glory of nature. No photograph or series of photographs, no paintings ever prepare a visitor so that he is not taken by surprise, for could the scenes be faithfully represented the visitor is affected not only by that upon which his eye is at any moment fixed, but by all that with which on every side it is associated, and of which it is seen only as an inherent part. For the same reason no description, no measurements, no comparisons are of much value. Indeed the attention called by these to points in some definite way remarkable, by fixing the mind on mere matters of wonder or curiosity presents the true and far more extraordinary character of the scenery from being appreciated.

It is the will of the nation as embodied in the act of Congress that this scenery shall never be private property, but that like certain defensive points upon our coast it shall be held solely for public purposes.

Two classes of considerations may be assumed to have influenced the action of Congress. The first and less important is the direct and obvious pecuniary advantage which comes to a commonwealth from the fact that it possesses objects which cannot be taken out of its domain, that are attractive to travellers and the enjoyment of which is open to all....

A more important class of considerations, however, remains to be stated. These are considerations of a political duty of grave importance to which seldom if ever before has proper respect been paid by any government in the world but the grounds of which rest on the same eternal base of equity and benevolence with all other duties of republican government. It is the main duty of government, if it is not the sole duty of government, to provide means of protection for all its citizens in the pursuit of happiness against the obstacles, otherwise insurmountable, which the selfishness of individuals or combinations of individuals is liable to interpose to that pursuit.

It is a scientific fact that the occasional contemplation of natural scenes of an impressive character, particularly if this contemplation occurs in connection with relief from ordinary cares, change of air and change of habits, is favorable to the health and vigor of men and especially to the health and vigor of their intellect beyond any other conditions which can be offered them, that it not only gives pleasure for the time being but increases the subsequent capacity for happiness and the means of securing happiness. The want of such occasional recreation where men and women are habitually pressed by their business or household cares often results in a class of disorders the characteristic quality of which is mental disability, sometimes taking the severe forms of softening of the brain, paralysis, palsy, monomania, or insanity, but more frequently of mental and nervous excitability, moroseness, melancholy or irascibility, incapacitating the subject for the proper exercise of the intellectual and moral forces....

Men who are rich enough and who are sufficiently free from anxiety with regard to their wealth can and do provide places of this needed recreation for themselves. They have done so from the earliest periods known in the history of the world, for the great men of the Babylonians, the Persians and the Hebrews, had their rural retreats, as large and as luxurious as those of the aristocracy of Europe at present. There are in the islands of Great Britain and Ireland more than one thousand private parks and notable grounds devoted to luxury and recreation. The value of these grounds amounts to many millions of dollars and the cost of their annual maintenance is greater than that of the national schools; their only advantage to the commonwealth is obtained through the recreation they afford their owners (except as these extend hospitality to others) and these owners with their families number less than one in six thousand of the whole population. The enjoyment of the choicest natural scenes in the country and the means of recreation connected with them is thus a monopoly, in a very peculiar manner, of a very few, very rich people. The great mass of society, including those to whom it would be of the greatest benefit, is excluded from it. In the nature of the case private parks can never be used by the mass of the people in any country nor by any considerable number even of the rich, except by the favor of a few, and in dependence on them.

Thus without means are taken by government to withhold them from the grasp of individuals, all places favorable in scenery to the recreation of the mind and body will be closed against the great body of the people. For the same reason that the water of rivers should be guarded against private appropriation and the use of it for the purpose of navigation and otherwise protected against obstruction, portions of natural scenery may therefore properly be guarded and cared for by government. To simply reserve them from monopoly by individuals, however, it will be obvious, is not all that is necessary. It is necessary that they should be laid open to the use of the body of the people.

The establishment by government of great public grounds for the free enjoyment of the people under certain circumstances, is thus justified and enforced as a political duty....

It was in accordance with these views of the destiny of the New World and the duty of the republican government that Congress enacted that the Yosemite should be held, guarded and managed for the free use of the whole body of the people forever, and that the care of it, and the hospitality of admitting strangers from all parts of the world to visit it and enjoy it freely, should be a duty of dignity and be committed only to a sovereign state....

The main duty with which the Commissioners should be charged should be to give every advantage practicable to the mass of the people to benefit by that which is peculiar to this ground and which has caused Congress to treat it differently from other parts of the public domain. This peculiarity consists wholly in its natural scenery.

The first point to be kept in mind then is the preservation and maintenance as exactly as is possible of the natural scenery; the restriction, that is to say, within the narrowest limits consistent with the necessary accommodations of visitors, of all artificial constructions and the prevention of all constructions markedly inharmonious with the scenery or which would unnecessarily obscure, distort or detract from the dignity of the scenery....It should, then, be made the duty of the Commission to prevent a wanton or careless disregard on the part of anyone entering the Yosemite or the Grove, of the rights of posterity as well as of contemporary visitors, and the Commission should be clothed with proper authority and given the necessary means for this purpose..

This duty of preservation is the first which falls upon the state under the Act of Congress, because the millions who are hereafter to benefit by the Act have the largest interest in it, and the largest interest should be first and most strenuously guarded.