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. I 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 vou 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

and protection as our flag, which was adopted just as we are asking that the anthem be adopted.

Mr. HERSEY. It is not the same as a State declaring a certain flower to be the flower of the State.

Mr. LINTHICUM. I think Congress has declared the goldenrod to be the national flower, and this would come under the same head. The adoption of the national flag or the adoption of a flower as a national flower are the same. I think the States only would have the right to provide any penalty for violation of rules and regulations regarding the national anthem.

Mr. HERSEY. This has not been copyrighted in any way, has it? Mr. LINTHICUM. It has not.

Mr. MONTAGUE. It has expired if it was copyrighted. It could not be alive now.

Mr. LINTHICUM. No. It is the hearts of the people that kept it alive. A copyright would not have done so.

In conclusion I wish to say in support of the adoption of the StarSpangled Banner as the national anthem by a bill and not by a resolution that it will be observed.

First. When the present flag of our country consisting of 13 horizontal stripes, alternate red and white, representing the thirteen original States and a star for each State of the Union, it was adopted by an act of April 4, 1818, and not by resolution.

Second. According to a report from the Library of Congress that out of 25 measures introduced into the House of Representatives from the Sixty-fifth to the Sixty-seventh Congresses, both inclusive, there were 15 bills introduced and 10 resolutions.

Third. The gentleman, Mr. Celler, introducing the resolution says in his remarks, "I think it must take an inferior course"; again, “ I think this proposition does not rise to the dignity of a statute or bill. * * *. I contend that the adoption of a national anthem is much like the adoption of a flag. It rises to the very highest ignity. Therefore should be a bill and not a resolution.

Fourth. My bill (H. R. 6429) has been indorsed by the General Assembly of Maryland; the mayor and city council of Baltimore; American Legion, national, wishes adoption; Junior Order of American Mechanics, representing 500,000 members; Daughters of American Revolution; Daughters of 1812; Baltimore Symphony Orchestra; Peabody Conservatory of Music; United Daughters of the Confederacy; Children of the American Revolution; International Federation of Catholic Alumna; Society of the Ark and the Dove; Society of Colonial Wars; Maryland Council of Defense; Colonial Dames: Maryland branch of National Congress of Mothers; Maryland Red Cross; William Tyler Page, author of "America's Creed"; and numerous other patriotic organizations and people generally. Daughters of American Revolution, page 210, paragraph 2407, 1921 proceedings, indorsed my bill introduced at that time. Daughters of American Revolution, 1918 proceedings, page 272, indorsed my bill (H. R. 11365) introduced at that time.

STATEMENT OF HON. EMANUEL CELLER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK

Mr. CELLER. Mr. Chairman and gentlemen of the committee, I believe there was somebody who said, "Let me write the songs of the people and I care not who makes their laws."

I think that, indeed, is splendidly exemplified in the Star-Spangled Banner, a song written, as my distinguished colleague has stated, over a century ago, and which has endured all that time. It embodies, beyond question, the aims and the aspirations of our people, and I think it is worthy of recognition by our national body, the National Legislature.

I will say in answer to the gentleman's question of just a few minutes ago that there can be no sanctum in this law; that is, we can not provide for any punishment if anyone refuses to sing the song. We simply have this as an expression of opinion, and that is all.

For that reason I, in my resolution, do not go as far as Mr. Linthicum. He has made this a regular bill, to be passed by both Houses and signed by the President. But I think that this proposition does not rise to the dignity of a statute or a bill.

I think that it must take an inferior course in this sense. My idea was to simply get the National Legislature to approve this song, with the President's signature, and for that reason I made my proposition in the form of a House joint resolution.

I think there is a great deal of precedent for it, with all due respect to Mr. Linthicum, who introduced the bill. I find in the manual that there is quite a distinction, as you all know, between a bill, a concurrent resolution, and a joint resolution. But we find this very clear language with reference to a House joint resolution:

They are used for what may be called the incidental, unusual, or inferior purposes of legislation, as extending the national thanks to individuals, the invitation to Lafayette to visit America, the welcome to Kossuth, or notice to a foreign government of an abrogation of a treaty or the correction of an error in an existing act of the legislature.

In other words, instead of making this a bill, like a bill for an appropriation, or something akin to that, we simply go on record, if we adopt this resolution, as saying to the people of the country, "This is our national anthem, worthy of every man, woman, and child to sing, and we suggest to you that you do sing it."

Now, there is plenty of precedent for an enactment of that sort in other lands.

Mr. DYER. There is no difference between the two, in effect?

Mr. CELLER. There probably is no difference, except that I have in mind there might be a great deal of difficulty in getting a bill enacted. This very question I adverted to might be raised; one form of enactment, I presume, is of greater weight than another; not actually, but probably potentially and for that reason I thought it might be more apropos to make this a House joint resolution. They probably would have the same effect, but there must be some distinction, otherwise we, who are working in the House, would not make that distinetion, one a House joint resolution and one an ordinary bill.

Mr. MONTAGUE. A joint resolution is a resolution passed by the House and the Senate, is it not?

Mr. CELLER. A joint resolution is passed by the House and the Senate and signed by the President.

Mr. MONTAGUE. And a concurrent resolution?

Mr. CELLER. Is not signed by the President, but is passed by both Houses.

Mr. MONTAGUE. Your resolution, then, has to go through the exact procedure

Mr. CELLER (interposing). As the passage of a bill, but I did not think it well to make it a concurrent resolution, because I thought it would be well to have the approval of the President for all that it might be worth. His approval, of course, carries with it a great deal of conviction and encouragement.

Mr. LINTHICUM. I want to suggest, Mr. Chairman, that the flag was enlarged by an act providing for additional stars on April 4, 1818. I do not see any difference between an act and a resolution— a joint resolution.

Mr. CELLER. I imagine there might be the necessity in order to have an additional star to have it in the form of a bill. There would be the necessity for it there, because it was something, I presume, which would be of greater importance to the country at large than the mere approval given to a national anthem.

Mr. PERLMAN. What is the need for your fourth "whereas " clause?

Mr. CELLER. I have no penchant for any language there. It could be readily amended. That probably might be a little scheme of mine to bring before those who consider it, at first glance, the fact that the Army and the Navy have adopted it as their national anthem.

Mr. PERLMAN. That is the third" whereas " clause. I have reference to the next whereas" clause.

Mr. CELLER. There again it is informative, because I have in mind the fact that Doctor-I do not remember his name, the leader of the Boston Symphony Orchestra, in New York and elsewhere, refused to play the song.

This was during the war. He was a German, and he claimed that the rythm and the meter was unmusical. That, of course, was found to be mere subterfuge and a cloak to disguise his real feelings in the matter.

He did not want to play the national anthem for reasons best known to himself.

I have in mind also the fact that a musician in Central Park, N. Y., was hired by the municipal authorities to play concerts there, refused likewise to pay it for reasons best known to himself. There have been innumerable instances of that sort, and that is why I put those words in that "whereas " clause, so as to give the gentlemen some information on the subject. Probably it has no place there, but that is the explanation of it.

I have taken the trouble to find out what has been the practice of other nations with respect to national anthems.

I have before me, which I will be glad to read, a letter from Ambassador Jusserand, with reference to "The Marsailles." He writes me as follows, in part:

After various vicissitudes, the song having been strictly barred and forbidden during the second Empire, on the 4th of February, 1879, a bill was introduced before our parliament for a recognition of the Marsailles being henceforth the