have them pasted in scrapbooks. I have here letters from nearly all the governors of the States, including Govs. Wilson, Folk, Hanecy, Mead, McDonald, Carey, Eberhard, Goldsborough, Norris, McCreary, Colquitt, Deneen, Blease, Oddie, Osborn, Ellyson, and others. The CHAIRMAN. Let me suggest that you leave the letters here in the committee room. They will be taken care of, and some members of the committee might desire to examine them. Mrs. LITTLETON. Here is a letter from Mr. James M. Beck, of New York, which I will read: Mrs. MARTIN W. LITTLETON. NEW YORK, July 18, 1912. DEAR MRS. LITTLETON: I have read with deep interest your open letter published a few days ago, with reference to the acquisition by the United States Government of the home of Thomas Jefferson. This object should appeal to every patriotic American. As the Nation grows older it becomes more desirable and also more necessary that the early landmarks of the Republic should be jealously preserved, and what physical land marks are more valuable than the homes of the master builders of the Republic? As a native Philadelphian I have always deeply regretted that the home of Benjamin Franklin was destroyed. How deeply interesting it would be if we could revisit the house in which the great philosopher lived, see the library in which he worked, and the little printing shop from which he issued those pamphlets which so profoundly affected the development of our country in colonial times. Of all the personages of our epic period it would have been most interesting to have preserved the homes of Washington, Franklin, Jefferson, Marshall, and Hamilton. Mount Vernon is preserved, and is and will continue to be an unending delight and a perpetual inspiration to many generations. The homes of Franklin and Hamilton have both been destroyed. That of Marshall has just been saved by the city of Richmond, and there remains upon the crest of the Virginia hills that historic edifice in which lived the man who was not only the pen of the Revolution, but who, after the Republic was formed, more profoundly affected its development for a period of over two decades than any political leader since his death. Monticello should not share the fate of Franklin's home and that of Hamilton. Those of us who have visited Stratford and, with the most intense interest, examined the birthplace of Shakespeare and the humble home of Anne Hathaway must always feel a regret that that later home of the great poet, to which he returned after his successes in London, was destroyed by a vandal who resented the desire of the people to see the house in which William Shakespeare died. Your patriotic purpose need not, however, be amplified. The more important question is, Can the Nation acquire Monticello and the grave of Jefferson except with the consent of its present owner? It is with reference to that question that I am taking the liberty of addressing you. It has been held by the Supreme Court that the United States Government has, as an inherent attribute of sovereignty, the right of eminent domain (U. S. v. Jones, 109 U. S. Rep., 513); but this doctrine is subject to the qualification that the right must be exercised as an incident to some Federal function under the Constitution. The question therefore is, whether it is within the sphere of the Federal Government to acquire sites and places which are intimately interwoven with its political and historical development. That it has the power to acquire a lighthouse to safeguard its coasts by the right of eminent domain has been ruled; but has it the right to acquire those historic lighthouses from which a steady light is thrown as from Pharos upon both the past and future? I think it has, and I venture to call your attention to the case of United States v. The Gettysburg Electric Railway Company, reported in 160 United States, 668. I had some connection with that litigation. The Government, by act of Congress approved March 3, 1893, made an appropriation "for the purwith referpose of preserving the lines of battle at Gettysburg, Pa., ence to the study and correct understanding of the battle and to mark the * * same with suitable tablets, each bearing a brief historical legend compiled without praise and without censure." * Subsequently to this act Congress passed a resolution which made a further appropriation * "to acquire by purchase or by condemnation * such lands or interest in lands upon or in the vicinity of said battlefield as in the judgment of the Secretary of War may be necessary for the complete execution of the act of March 3, 1893." Under this act the United States, through the Department of Justice, filed a petition in the name of the United States to condemn certain portions of the battlefield of Gettysburg for the purpose of marking the strategic points of the battlefield, and for the other purposes set forth in the act of Congress. 66 The constitutionality of this act was questioned and the case went to the Supreme Court of the United States. The Supreme Court, in an opinion by Mr. Justice Peckham, held that the constitutionality of the act depended upon the question whether the land was taken for a public use " within the meaning of the Federal Constitution. The court held that "when the legislature has declared the use or purpose to be a public one, its judgment will be respected by the courts, unless the use be palpably without reasonable foundation." Independent of the presumption which flowed from an act of Congress, the court held that "any act of Congress which plainly and directly tends to enhance the respect and love of the citizen for the institutions of his country and to quicken and strengthen his motives to defend them, and which is germane to and intimately connected with and appropriate to the exercise of some or all of the powers granted by Congress, must be valid." 66 66 The court then proceeds to state that as the Battle of Gettysburg was one of the great battles of the world"; that as the importance of the issue involved in the contest of which this great battle was a part can not be overestimated "; that as "the existence of the Government itself and the perpetuity of our institutions depended upon the result," the Government could not be held to be "without power to preserve the land and properly mark out the various sites upon which this struggle took place." Mr. Justice Peckham said: * * * "Such a use seems necessarily not only a public use, but one so closely connected with the welfare of the Republic itself as to be within the powers granted Congress by the Constitution for the purpose of protecting and preserving the whole country. It would be a great object lesson to all who looked upon the land thus cared for, and it would show a proper recognition of the great things that were done there on those momentous days. By this use the Government manifests for the benefit of all its citizens the value put upon the services and exertions of the citizen soldiers of that period. The value of the sacrifices then freely made is rendered plainer and more durable by the fact that the Government of the United States, through its Representatives in Congress assembled, appreciates and endeavors to perpetuate it by this most suitable recognition. Such action on the part of Congress touches the heart and comes home to the imagination of every citizen and greatly tends to enhance his love and respect for those institutions for which these heroic sacrifices were made. The greater the love of the citizen for the institutions of his country. the greater is the dependence properly to be placed upon him for their defense in time of necessity, and it is to such men that the country must look for its safety. * * * It seems very clear that the Government has the right to bury its own soldiers and to see to it that their graves shall not remain unknown or unhonored." This conclusion was the unanimous judgment of the Supreme Court of the United States, and it may be noted that the eminent justice who was selected to render the opinion for the highest court of our land was himself a distinguished member of that party which traditionally adheres to a strict construction of the Constitution. It seems to me that these words of Mr. Justice Peckham are quite as applicable to the acquisition of an historic edifice belonging to a distinguished civilian as to the site of a great battle field. "Peace hath her victories not less renowned than war," and if the Federal Government has the power, as the Supreme Court has said in the case above referred to, "to bury its own soldiers and to see to it that their graves shall not remain unknown or unhonored," it must equally have the power to render the same kind of services to those distinguished civilians who, by peaceful achievements, have formed and developed our common country. If the preservation of an historic battle field is a legitimate Federal function, why is not the preservation of any other historic landmark within the inherent powers of a sovereign nation? Even if this were not so, Mr. Jefferson, as twice President of the United States, was Commander in Chief of its Army and its Navy, and the part which he played in the greatest struggle which made us a Nation was so conspicuous that the preservation of his home as an inspiration to all succeeding generations of Americans, would seem to be within the powers of the Federal Government. I would not have troubled you with this opinion if I had not gathered from your letter and from newspaper reports that some have assumed that Monticello could not be acquired by the Federal Government without the consent of its present owner. If I am right in this opinion, the Government need not consult the wishes of the present owner or be dependent upon his sufferance or good will. It can by appropriate action, through the United States court in Virginia, file a petition to condemn Monticello and the grave of Jefferson, and the court will then award to the owner that "just compensation" which the Constitution equally requires. Yours, very truly, JAMES M. BECK. The CHAIRMAN. Mr. Beck was formerly an Assistant Attorney General and is a distinguished lawyer of the New York bar. Mrs. LITTLETON. Yes, sir. I have a number of letters here from different societies and committees and from men and women all over the country; and, if you will allow me, I will leave them here for the committee's inspection. The CHAIRMAN. If you would like to have some of them printed in the record I think there would be no objection to that. Mrs. LITTLETON. Yes, sir; I will select some of them for the record. The CHAIRMAN. Have you a letter from your constituent, Mr. Theodore Roosevelt? Mrs. LITTLETON. I have not heard from him, but I have heard from some one else-Gov. Wilson. May I read it? STATE OF NEW JERSEY, EXECUTIVE DEPARTMENT, June 17, 1912. MY DEAR MRS. LITTLETON: I wish sincerely that I could be present and lend such personal influence as I could command to your interesting efforts in behalf of the purchase of Monticello, but I find myself obliged to be contented with these few lines of hearty indorsement. I wish the project well with all my heart. Cordially and sincerely, yours, Mrs. MARTIN W. LITTLETON, Washington, D. C. WOODROW WILSON. The CHAIRMAN. Your address shows much painstaking labor and extensive research into records and heretofore undiscovered archives, and I think it will be of permanent historical value. The committee will take up the resolution and give it careful consideration. We thank you very much for your address. Mrs. LITTLETON. I thank the committee for according me this hearing. It was very nice of you to give me this opportunity, and I would like to have it all put in perfect shape for printing. The CHAIRMAN. When the transcript is handed in by the reporter you will have as much time as you desire in which to revise it. Thereupon, at 12 o'clock noon, the committee adjourned. June 17, 1912. MY DEAR MRS. LITTLETON: I wish sincerely that I could be present and lend such personal influence as I could command to your interesting efforts in be half of the purchase of Monticello, but I find I am obliged to content myself with these few lines of hearty indorsement. I wish the project well with all my heart. Cordially and sincerely, yours, Mrs. MARTIN W. LITTLETON, WOODROW WILSON. Washington, D. C. CONGRESS HOTEL AND ANNEX, DEAR MRS. LITTLETON: Your very excellent review of the accomplishments of Thomas Jefferson and plans for the purchase by the Government of historic Monticello as a fit tribute to his memory, has been received and read with interest. The impress left upon the Nation by this wonderful figure is equaled by none save Washington and Lincoln and his great service in the firm establishment of our most sacred institution is deserving of any recognition of his marvelous accomplishments that can be made by a grateful people. The project would certainly meet with very cordial approval. Very truly, yours, fo Mrs. MARTIN W. LITTLETON, HARRY S. NEW. Port Washington, L. I. NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION, Hon. GEORGE P. WETMORE, MEMORIAL CONTINENTAL HALL, Chairman of Library Committee, United States Senate. MY DEAR SIR: Personally, and representing the National Society, Daughters of the American Revolution, I beg to assure your commi.tee of the sympathy of our organization with the movement inaugurated for the purpose of securing Monticello by the United States Government as a national park or monument in perpetuity to the author of the Declaration of Independence Jefferson. As his last resting place, these grounds-as the tomb at Mount Vernon-appeal to all that is sacred in the hearts of the people who realize all that his genius and devotion meant to his country and we women gladly respond to the patriotic and tender sentiment which would in this noble way cherish and enshrine his memory. Faithfully, MRS. MATTHEW T. SCOTT, National Society Daughters of the American Revolution. JULIA G. SCOTT. TENNESSEE DIVISION, UNITED DAUGHTERS OF THE CONFEDERACY, MY DEAR MRS. LITTLETON: It affords me great pleasure to indorse your move- Mrs. HARRIET HOLLAND, President Tennessee Division, United Daughters of the Confederacy. JACKSON, TENN. Resolved, That we, of Jackson-Madison Chapter, Daughters of the American Revolution, located at Jackson, Tenn., do hereby express our approval of Mrs. Littleton's “wish" that the home of Thomas Jefferson be purchased and retained by the Government of the United States as a special memorial to him, who was in every sense one of America's best and greatest master builders. The anniversary of his death was a coincidence, falling on July 4. God intentionally took him unto himself on that day that we as Americans might honor ourselves on that same day by rededicating to his memory this purchase of his home Monticello. Resolved second, That we, as a chapter, will do all in our power to bring this about. The Nation which he loved so well should gladly purchase and preserve forever to his memory his home and grounds and graveyard at Monticello, now owned by Mr. Jefferson Levy, of New York. Jefferson belongs not only to America, but to all people of all nations wherever liberty reigns Let the whole world pay him this tribute. Mrs. HARRIET HOLLAND, Chairman of Committee on Location of Historical Points, Jackson-Madison Chapter, Daughters of the American Revolution. Mrs. LAURE LEE SHARP POLK, President Jackson-Madison Chapter, MARY E. TIMBERLAKE, Vice Regent, Tennessee. To the LIBRARY COMMITTEE, MUSIDORA C. MCCORRY CHAPTER, UNITED DAUGHTERS OF THE CONFEDERACY, Washington, D. C.: The Musidora C. McCorry Chapter, United Daughters of the Confederacy, of Jackson, Tenn., joins most heartily in the movement inaugurated by Mrs. Martin W. Littleton to urge upon Congress the purchase of Monticello, the home of Thomas Jefferson, and its preservation as a memorial to the father of the Declaration of Independence. Respectfully Mrs. L. C. OWEN, President Musidora C. McCorry Chapter, Mrs. MARTIN W. LITTLETON, Washington, D. C. MEMPHIS, TENN., June 21, 1912. MY DEAR MRS. LITTLETON: Having noticed from a paper of recent date that you were quite active just now in the interest of your patriotic movement for the taking over by our National Government for its preservation Monticello, the home of Thomas Jefferson, and that you were desirous of indorsements from notable organizations throughout our country, I am complying with your request by sending one from the Andrew Jackson Memorial Association, of which I am president. Also at a meeting of Hermitage Chapter, Daughters of the American Revolution, on last Wednesday, June 19, I proposed a resolution that was unanimously indorsed to this same effect. The corresponding secretary of that chapter will notify you of same. Commending you for your noble and patriotic `efforts and assuring you of my hearty personal approval, I am, very cordially, yours, ELIZABETH POPE MCLEMORE. FRANKLIN, TENN., June 26, 1912. MY DEAR MRS. LITTLETON: I take pleasure in sending you a resolution adopted by our United Daughters of the Confederacy State convention in May. I hear that many local chapters have taken like action, and I believe I am safe in saying that the 5,000 and more women composing our organization in Tennessee are a unit in their approval of the national ownership of Monticello as proposed by you. Indeed, I think that in the South there can be but one sentiment upon the subject. And it seems to me that it should make an equally strong nation-wide appeal. |