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Comparison between existing law and the proposed legislation (existing law (18 U. S. C. 317) with the new matter inserted by the pending bill (H. R. 5162) indicated by italics):
Whoever shall steal, take, or abstract, or by fraud or deception obtain or attempt so to obtain from or out of any mail, post office or station thereof, or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or shall abstract or remove from any such letter, package, bag, or mail, any article or thing contained therein, or shall secrete, embezzle, or destroy any such letter, postal card, package, bag, or mail, or any article or thing contained therein;
SAFEGUARDING CUSTODIANS OF GOVERNMENT
MONEYS AND PROPERTY
APRIL 3, 1935.-Referred to the House Calendar and ordered to be printed
Mr. ASHBROOK, from the Committee on the Post Office and Post
Roads, submitted the following
(To accompany H. R. 5360)
The Committee on the Post Office and Post Roads, having had under consideration the bill (H. R. 5360) providing for punishment for the crime of robbing or attempting to rob custodians of Government moneys or property, report the same back to the House with the following amendments:
Page 1, line 6, after the word “matter" strike out the comma and insert the words "or of any".
Page 1, line 6, after the word “money” strike out the comma.
Page 2, line 3, before the word “mail,” strike out "the" and insert "such" in lieu thereof.
So amended the committee recommends that the bill do pass. The purpose of the pending bill is to bring within the provisions of the Penal Code the crime of robbing or attempting to rob custodians of Government moneys. The need for this legislation is fully set forth in the following letter from the Post Office Department:
Post OFFICE DEPARTMENT,
February 20, 1935.
House of Representatives. MY DEAR MR. MEAD: The receipt is acknowledged of your letter of the 16th instant, requesting a report on H. R. 5360, a bill providing for punishment for the crime of robbing or attempting to rob custodians of Government moneys or property.
Assaults upon custodians of mail matter are punishable under section 197 of the Federal Penal Code (18 U. S. C. 320), which provides a penalty of 25 years' imprisonment if the custodian is wounded or his life is put in jeopardy by the use of a dangerous weapon. If the person assaulted is a custodian of Government funds (not mail) the maximum punishment that can be imposed is imprisonment
H, Repts., 74-1, vol. 2 -5
for not more than 10 years and a fine of not more than $5,000; and no penalty is provided for attempts to commit such crimes. Recent years have witnessed a substantial increase in crimes of the latter type and it is believed that section 197 of the Penal Code should be amended so as to bring within its provisions the crime of robbing or attempting to rob custodians of Government moneys. Legislation to this effect was recommended in the Postmaster General's annual report for 1933 and two bills, H. R. 6546 and H. R. 7214, were introduced and referred to the House Judiciary Committee but neither bill was reported out by the committee. The recommendation for the passage of this legislation is renewed. Very truly yours,
James A. FARLEY,
COMPARISON BETWEEN EXISTING LAW AND THE PROPOSED LEGISLATION
Existing law (35 Stat. 1126; 18 U.S. C. 320) with the new matter inserted by the bill (H. R. 5360) shown in italics and the deleted matter in stricken-through type:
Whoever shall assault any person having lawful charge, control, or custody of any mail matter, money, or other property of the United States, with intent to rob, steal, or purloin such mail matter, money, or other property of the United States, or any part thereof, or shall rob any such person of such mail, money, or other property of the United States, or any part thereof, shall, for alhe first offense, be imprisoned not more than ten years; and if, in effecting or attempting to effect such robbery; he shall wound the person having custody of the mail, money, or other property of the United States, or put his life in jeopardy by the use of a dangerous weapon, or for a subsequent offense, shall be imprisoned twenty-five years.
COMPARISON BETWEEN EXISTING LAW AND THE PROPOSED LEGISLATION
WITH COMMITTEE AMENDMENTS
Existing law (35 Stat. 1126; 18 U. S. C. 320) with the new matter inserted by the bill as amended in committee (H. R. 5360) shown in italics and the deleted matter in stricken-through type:
Whoever shall assault any person having lawful charge, control, or custody of any mail matter or of any money or other property of the United States, with intent to rob, steal, or purloin such mail matter, money, or other property of the United States, or any part thereof, or shall rob any such person of such mail, money, or other property of the United States, or any part thereof, shall, for a the first offense, be imprisoned not more than ten years; and if in effecting or attempting to effect such robbery he shall wound the person having custody of the such mail, money, or other property of the United States, or put his life in jeopardy by the use of a dangerous weapon, or for a subsequent offense, shall be imprisoned twenty-five years.
PROVIDE FOR COMMEMORATION OF TWO HUNDREDTH ANNI. VERSARY OF THE BATTLE OF ACKIA, MISS., AND THE ESTABLISHMENT OF THE ACKIA BATTLEGROUND NATIONAL MONUMENT
APRIL 4, 1935.-Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
Mr. ROBINSON of Utah, from the Committee on the Public Lands,
submitted the following
[To accompany H. R. 3003]
The Committee on the Public Lands, to whom was referred the bill (H. R. 3003), to provide for the commemoration of the two hundredth anniversary of the Battle of Ackia, Miss., and the establishment of the Ackia Battleground National Monument, after careful consideration of same, report favorably thereon with the recommendation that the bill do pass the House without amendment.
A similar bill (H. R. 8718) was reported from this committee during the second session of the Seventy-third Congress.
H. R. 8718, second session, Seventy-third Congress, was approved by the Department of the Interior and also by the Director of the Budget. The original bill asked for $100,000, but at the request of the Bureau of the Budget it was reduced to $25,000, and the present bill (H. R. 3003), on which this report is made, appropriates $25,000.
History of this legislation, H. R. 3003, is as follows: The War Department, in 1930, also recommended the passage of a bill to erect a monument on this battlefield and it was included in a bill reported from the Committee on Military Affairs but which never came to a vote for passage. Later these battlefield parks and monuments were placed under the jurisdiction of the Department of the Interior. This measure was carefully investigated and the bill was reported and recommended for passage in its amended form. The bill provides for the commemoration, in May 1936, of the two hundredth anniversary of the Battle of Ackia.
Ackia has been referred to as one of the decisive battles of the world. It is certainly one of the most important ever fought on American soil prior to American independence. Early in the second quarter of the eighteenth century, about 1730, the French Crown conceived the idea of connecting her colonies in Canada, Indiana, and Louisiana, and taking possession of all the land on this continent west of the connecting line. In order to do so ' was necessary to either pacify or subdue all the Indian tribes between those settlements.
They succeeded in pacifying all the Indian tribes except the Chickasaws, who occupied the territory now comprising northern Mississippi, northwest Alabama and southern Tennessee. The Chickasaws were perhaps the most enlightened of all the American tribes, they had progressed in government, morals, and in influence to an amazing degree. They occupied a fertile area, and their abundant crops of Indian corn were known for hundreds of miles around even as early as the expeditions of De Soto, who spent the winters of 1540 and 1541 in their territory.
Trouble had arisen between the French in southern Mississippi and Louisiana and the Natchez Indians, which resulted in the Natchez Tribe leaving their territory and making their homes with the Chickasaws. The French gave as one of their reasons for invading the Chickasaws' territory that of punishing the Natchez Indians for former depredations.
Having succeeded in pacifying all the Indian tribes between their various colonies except the Chickasaws, an expedition from Fort Vincennes, now in the State of Indiana, was sent out under the leadership of D'Artaguette, Lieutenant Governor of the Mississippi Territory, accompanied by Vincennes, to descend the Mississippi River and debark at a point opposite the Chickasaws' territory and proceed overland to Ackia, Chickasaws' capital, and there join the forces of Bienville for the attack on the Chickasaws.
Bienville, the Governor of the Mississippi Territory, with a large expedition ascended the Tombigbee River to what was later known as "Čotton Gin Port”, where he debarked and marched against Ackia. The Chickasaws met D'Artaguette and his expedition a few days before Bienville arrived, engaged them in battle and overcame and destroyed the expedition, killing both D'Artaguette and Vincennes.
On the 26th of May 1736, Bienville engaged the Chickasaws in the Battle of Ackia. The battle raged all day long and finally resulted in a victory for the Chickasaws. Bienville retreated and abandoned the expedition. This ended the attempt of the French to connect their colonies and take possession of the western half of this continent.
Bienville, in his report on the battle, said there was an English flag inside the fort and strictly intimates, if he does not say, that the English were aiding the Indians in the fight. Whether that is true or not, we do know that the Chickasaws never shed the blood of Englishspeaking white men. They remained true and loyal to the Americans after the Revolution. In 1815 they opened up their territory for the passage of Jackson's army to New Orleans and many of their brave men joined the American colors and followed Jackson until the close of the war. When the time came for the United States to take over their territory, they submitted to the will of the “Great White Father” in Washington, relinquished their territory, and moved away to their new home in the West.