CONTENTS Mr. Frederick R. Meres, commander Mitchell Post, No. 521, G. A. R., Communication received from Mrs. L. P. Brock, chairman histor.c Mr. John Thomas Taylor, American Legion, Washington, D. C---. Mr. Thomas Tuite, general secretary and organizer, Star Spangled Banner Association of America (Inc.), 372 West One hundred and twentieth Street, New York___. Mrs. Reuben Ross Holloway, chairman Star Spangled Banner Com- Mr. John Martin, representing Bureau of American Ideals, New York List of persons appearing before the committee in support of the bill List of D. A. R. chapters and others indorsing H. R. 6429_. List of D. A. R. chapters requesting adoption of the Star-Spangled Banner as the national anthem, without reference to a particular* LEGISLATION TO MAKE THE STAR-SPANGLED BANNER THE NATIONAL ANTHEM COMMITTEE ON THE JUDICIARY, The committee met at 10 o'clock a. m., Hon. George S. Graham (chairman) presiding. The CHAIRMAN. The committee is assembled to hear those who desire to be heard upon H. R. 6429, to make the Star-Spangled Banner the national anthem of the United States of America, which bill was introduced by Mr. Linthicum; also House Joint Resolution 69, proposing the adoption of the Star-Spangled Banner as the national anthem. This resolution was introduced by Mr. Celler. The committee will be glad to hear what these gentlemen have to say. STATEMENT OF HON. J. CHARLES LINTHICUM, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MARYLAND Mr. LINTHICUM. Mr. Chairman, my colleague, Mr. Celler, and I have asked for the hearing this morning on House Joint Resolution 69, introduced by Mr. Celler, and bill H. R. 6429, introduced by myself. The bill and the resolution are very similar. The bill reads that: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the poem written by Francis Scott Key, entitled "The Star-Spangled Banner," with music by John Stafford Smith, be, and the same is hereby, declared to be the national anthem. of the United States of America, and under its care and protection. The resolution introduced by my colleague, Representative Celler, Joint Resolution 69, proposed the adoption of the Star-Spangled Banner as the national anthem. The resolution reads as follows: [H. J. Res. 69, Sixty-eighth Congress, first session] JOINT RESOLUTION Proposing the adoption of the Star-Spangled Banner as the national anthem Whereas the Star-Spangled Banner for more than a century of use has become deeply enshrined in our hearts as the anthem of our country; and Whereas tradition and history have always associated the melody and words of this immortal song with heroic deeds and patriotic endeavor; and Whereas both the Army and Navy have adopted it as their anthem; and Whereas on occasion certain musical conductors have been guilty of refusing to play it: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Star-Spangled Banner be adopted and authorized as the national anthem of the United States of America, and that recognition be given to it as such on all appropriate occasions. Mr. LINTHICUM. I introduced a similar bill to the one under discussion to-day, No. 6429, on the 1st of April, 1919, and on the 2d of April, 1921. We feel that though the Army and Navy have issued rules and regulations for the adoption of Key's anthem, the Star-Spangled Banner, it should have recognition by Congress itself. We feel that the Congress, with the approval of the Executive, should promulgate this as the national anthem of our country, just as many other countries have adopted and approved national anthems for their respective countries. There are many songs which are perhaps easier sung and some people who think that perhaps the Star-Spangled Banner is a little hard to sing that therefore it should not be the national anthem. But while there are many songs, there has never been in the history of this country a song which sprung from the hearts of the people as did the Star-Spangled Banner, and at a time when the destiny of the country weighed in the balance. I do not want to go too far into history, because with this committee it is like carrying coals to Newcastle. But we can readily realize the condition of our country when in August, 1814, the National Capitol had been destroyed, the White House in this city had been destroyed, and British vessels with 7,000 troops under their control were leaving it in this devastated condition, having in a great measure dispensed practically the National Government and were then proceeding on to Baltimore. It was the intention, as stated in the London Times on that occasion that troops should come down from Canada, that troops should proceed from Washington on to Baltimore, and having captured Baltimore should proceed on to Philadelphia and New York, and there to meet the troops from Canada and thereby capture the entire eastern coast of our country, which was practically the whole of our country. It was the indomitable courage of the men of America at North Point and at Fort McHenry who met General Ross and his troops on that memorable day on the 12th of September, at North Point, which defeated him, though the American troops were less than 3,000, only 1,700 of which went into action, while the British troops numbered somewhere around 7,000, trained and picked men from the battle fields of Europe, men who had fought Napoleon under the great General Wellington, and had now been released because Napoleon had been sent to the island of Elba, the war having practically ceased in Europe. Those were the men who were sent to capture America and those were the men whom the patriotic Americans defeated at North Point and Fort McHenry. That was the condition of this country, the Capitol and buildings destroyed, the White House destroyed, the Nation's Capital under the heel of the British. They were leaving this section, going from Upper Marlboro. Doctor Beanes, who had protested against their actions in his little town, had been captured, had been put aboard one of the British boats and carried to Baltimore, where the British were to attack Fort McHenry. Francis Scott Key, who lived in this city right here where you have established and built the great Key Bridge-in a small house recently razed just this side of that-a member of the bar, born in Frederick, Md., proceeded to Baltimore with orders from the President, asking to have his friend, Doctor Beanes, released. He was taken aboard the ship Minden, where he went to consult with the British commander, and owing to the attack which was to be made, he was kept on that ship all night pending the attack on Fort McHenry. There, during that night, he witnessed these bombs flying from the British ships to the fort, 400 of which are said to have reached the fort. From that comes that immortal line, "Bombs bursting in air." So, in suspense he remained there that entire night, listening to the bombardment of a city where his friends lived, where his relatives lived, listening to the bombardment of a city which if it fell he knew meant the proceeding of the British on to Philadelphia, New York, and perhaps the capture of the entire country. There, in great suspense was born this great anthem, the StarSpangled Banner. In the early dawn we can imagine him looking to that little fort to see if the Star-Spangled Banner yet waved. Ï can imagine him almost trying to pierce the darkness to discover whether the little fort had fallen or not. Seeing that "Star-Spangled Banner yet waved," he took a pencil and jotted down this immortal anthem, which has stood as the great anthem of the people for more than a hundred years. And to-day we come to ask the Congress to recognize in its official capacity something which should have been done more than a hundred years ago. It was not only the birth of this anthem, the sentiment surrounding it, but what it meant to the people. At that time our people were somewhat divided. The war had not been prosecuted with the vim and courage with which the recent war was conducted by our country. People were doubtful whether we ought to have declared war. People were doubtful about whether it had been the proper policy and they were somewhat divided on the issue. The war, therefore, was not pressed as it should have been pressed. But when that national anthem burst forth and the people began to sing throughout our land, it was worth more than 100,000 bayo nets, because it united our people in one solid phalanx for the prosecution of the war. Not only that, but the battle at North Point and Fort McHenry was the decisive battle of the War of 1812. We have histories which describe the great, decisive battles of the world; but a battle, though it may be small, may be a decisive battle just as much as the great battle of Waterloo or the battle of Gettysburg. It is true there were not so many troops here, but the troops who were there won that battle and that discontinued the war and the treaty of Ghent soon followed. General Ross, who did not believe the American patriots would come forward to meet his invincible forces, rode ahead and met his death at the battle of North Point and was carried from there to Quebec to be buried. There stands a monument in Baltimore to the boys who fired the fatal shots "Wells and McComas." From that time on there were no battles which influenced the writing of the treaty. We have the battle of New Orleans, of course, and a great battle it was. But the fact is that battle was fought after the treaty had been signed. News traveled slowly in those days and Jackson fought his battle and won it-the great battle of New Orleans after the treaty of Ghent. Mr. CHAIRMAN. I do not propose to take up any more time. There are others here to speak, but I do want to impress on this committee the importance of this, that the legislative body of the United States and the Executive declare this now and for all time to be the national anthem of this great country of more than 110,000,000 souls. My colleague, Representative Celler, will speak next and then we have several gentlemen here representing patriotic organizations and others who are interested in this important question. Mr. HERSEY. Mr. Linthicum, before you sit down will you explain the meaning in your bill of the words, "The same is hereby declared to be the national anthem of the United States of America and under its care and protection? Mr. LINTHICUM. Under its care and protection. Mr. HERSEY. Under the care and protection of the United States? Mr. LINTHICUM. I do not know exactly whether those are important words, whether that is not perhaps surplusage. It seems to me that if we recognize the national anthem, it is necessarily under the care and protection of the United States. Mr. HERSEY. In what way? Mr. LINTHICUM. Just as our flag is under the care and protection of the United States. Mr. HERSEY. It is different, of course, from the flag. How is the adoption of this resolution going to be any protection to this anthem? Mr. LINTHICUM. I do not contend that Congress has the power to pass any act or resolution declaring this to be the national anthem with any provision in it that anybody should be fined, or that all the people should be made to stand up when it is played, or anything of that kind. I do not think the Constitution provides any such provision, but I do declare that it is under the same care |