CHALMETTE NATIONAL HISTORICAL PARK THURSDAY, MAY 23, 1935 HOUSE OF REPRESENTATIVES, Washington, D. C. The committee this day met at 10:30 a. m., Hon. René L. De Rouen, chairman, presiding, for consideration of H. R. 5368, which reads as follows: [H. R. 5368, 74th Cong. 1st sess.] A BILL To provide for the addition of certain lands to the Chalmette National Monument in the State o Louisiana, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized to acquire, by purchase or by condemnation, out of any funds allotted and made available for this project by proper authority, and/or accept by donation, in behalf of the United States, lands, easements, and buildings within ten miles of the boundaries of the Chalmette National Monument as shall be designated by the Secretary of the Interior as necessary or desirable for the extension of said monument, and/or maintenance thereof, the title and evidence of title to lands acquired to be satisfactory to the Secretary of the Interior: Provided, That the State of Louisiana shall cede and transfer its jurisdiction to the property on which said monument is to be completed in accordance with the provisions of act numbered 41 of the legislature of that State, approved July 19, 1902. SEC. 2. That the areas now within the Chalmette National Monument and the Chalmette National Cemetery, together with such additions as may hereafter be made thereto, shall be known as the "Chalmette National Historical Park", under which name the aforesaid national park shall be entitled to receive and to accept all moneys heretofore or hereafter appropriated for the Chalmette National Monument and the Chalmette National Cemetery. SEC. 3. The administration, protection, and development of the aforesaid national historical park shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of August 25, 1916, entitled "An Act to establish a National Park Service, and for other purposes as amended. SEC. 4. All Acts or parts of Acts inconsistent with the provisions of this Act are repealed to the extent of such inconsistency. The CHAIRMAN. The clerk will now read the telegram received from Hon. James O'Connor, assistant attorney general for the State of Louisiana and an ex-Member of Congress. Congressman RENÉ DEROUEN, NEW ORLEANS, LA., May 21, 1935. Chairman Committee on the Public Lands, House of Representatives, Washington, D. C. The Fernandez bill (H. R. 5368) should be reported favorably by the committee and passed as early as possible by the Congress as a matter of patriotism. The President of the United States and the Administrator of the Public Works Administration should take appropriate action as early as possible, in order that one of the greatest battlefields on the western continent should be converted by the Army engineers into a national park instead of allowing it to remain in its present neglected state, a disgrace to a Nation whose history would be incom 1 plete and whose glory would be dimmed if it were not for that immortal victory by Jackson and his Kentuckians, Tennesseeans, Mississippians, and Louisianians over the renowned English veterans who had served in the Peninsular Wars under Wellington, many of whom afterward under him at waterloo defeated the greatest military genius of his age. The Packingham expedition set out from England for America for the purpose of taking over what was then known as the "Louisiana Domain" and had no connection with the Treaty of Ghent which terminated the war of 1912. The continental countries and Great Britain had scoffed at the idea that the Spanish envoys by a secret treaty had any power, authority, or right whatsoever to transfer Louisiana from Spain to France, and held that the entire transaction was ultra vires illegal, null, and void, and that the United States could secure from France to better title than France herself had acquired, which was a nullity. The victory on the plains of Chalmette settled in blood and flame that the American and not the British flag should fly from the Allegheny Mountains to the Pacific litoral, as by an extension or fiction of the right of discovery of the Mississippi River and all its tributaries that whole territory belonged to Spain. In the opinion of continental jurists and law writers the defeat of American arms at Chalmette would have confined the United States to the Atlantic coast. Aside from the historical fact that our flag now floats over 48 States from ocean to ocean and from the Great Lakes to the Gulf of Mexico, the victory has forecasted the fate of any other invader and offset the tragedies and the tears of the War of 1812 into a triumph of American valor written imperishably in the hearts of our countrymen. My compliments to the members of the committee and regards to that gallant Tennessean, Joseph Byrnes, who reveres the memory of Old Hickory even as you and I. JAMES O'CONNOR, Assistant Attorney General for the State of Louisiana, The CHAIRMAN. There is no doubt that this great area should have been taken over long ago. The Battle at New Orleans has probably meant more to the development of the area known as the Louisiana Purchase and the continental United States itself, than any battle since Yorktown. The battle of New Orleans was one of the greatest battles and one of the most important victories in the history of the United States. I know that I should be careful as I have not yet fully recuperated from my recent illness, but this is a matter that is so close to my heart, that I must say a few words in behalf of this important event. We have a report from the Secretary of the Interior, and I am going to build up a splendid record with the witnesses present. The report from the Interior Department is favorable. There is a suggested amendment which has to do with the usual and customary provisions of such bills. STATEMENT OF HON. JOACHIM O. FERNANDEZ, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF LOUISIANA The CHAIRMAN. We will now proceed to build our record by hearing Mr. Fernandez, the author of the bill. Mr. FERNANDEZ. Mr. Chairman and members of the committee, I have condensed my remarks. I want to be as brief as possible, because we have here this morning some distinguished ladies and gentlemen who have traveled all the way from New Orleans at their own expense to appear before the committee in connection with this matter. After I present the case formally, I hope the committee will carefully hear these good people for a few moments. As outlined by the Secretary of the Interior in his letter of April 26, to your honorable chairman, this legislation would authorize the extension of the Chalmette National Monument by the acquisition of lands for that purpose, and include the present national monument, together with the additions and the Chalmette National Cemetery, in the proposed Chalmette National Historical Park. Some of the lands in the vicinity of the present national monument are important from the historical standpoint and are worthy of the Federal protection by being made a part of the proposed national historical park. These lands include the property between the present national monument and the Chalmette National Cemetery, the La Ronde ruins, and the Pakenham oaks, with a means of approach to them, and the ruins of Forts St. John, McCombe, and Pike. The purpose in changing its name to the Chalmette National Histocial Park is to recognize definitely its great historical importance. The events surrounding the Battle of New Orleans are amongst the most outstanding in American history. The geographical location of the area near the mouth of the Mississippi River makes it appropriate for it to serve as a base from which to tell a very significant and extensive story associated with American development. FACTS ABOUT CHALMETTE MONUMENT In February 1852 the Legislature of Louisiana passed an act appropriating $5,000 for the purchase of a tract of land in St. Bernard Parish known as "Chalmette Plains" for the purpose of erecting a monument on the battle ground of the 8th of January 1815. This purchase was made in 1855 and a committee consisting of Newton Richards, architect, John Stroud, contractor, and D. D. d'Hemecourt, surveyor, after due consideration, fixed the exact site for the monument. The monument reached a height of 60 feet, but the funds gave out and the opening of the War between the States caused the work to be suspended. The State of Louisiana was therefore not able to complete the monument, and in 1888 the Louisiana Legislature passed an act agreeing to cede said property to the Federal Government. Nothing, however, was done by Congress to complete the monument, although the United States Government was in absolute possession of the grounds and monument from 1888 to 1893. On January 11, 1893, The Louisiana Society of U. S. D. 1776-1812 was organized, and the society decided to assume the work of preserving and, perhaps, finishing the monument at Chalmette. With this purpose in view, the Louisiana Legislature and Gov. Murphy J. Foster agreed to place the care and custody of the monument with the Louisiana Society U. S. D. 1776-1812, a duly chartered organization, incorporated April 17, 1894. The State of Louisiana gave the Society two appropriations of $1,000 each. With these funds they cleared the grounds; put an iron fence and gate across the front of the grounds; built a mound for the monument and a cap on top; 21 iron steps inside the monument; paved walks in front; built a keeper's lodge; repaired old, and put up new fences; and drained the place. In 1902 the State of Louisiana was requested by the society to ask the Government to take over the monument and complete it within 5 years and return it to them. Through the efforts of W. O. Hart, attorney, and Congressman Adolph Meyer, in 1907, Congress appropriated $25,000 to cover cost of recommended improvements. The monument was completed. Later on Congressman James O'Connor secured an appropriation of $15,000 for a highway from the main road to and around the monument. The present Congressman from this district, Mr. Fernandez, upon representation to the Department of the Interior, National Park Service secured allotment of $43,068.60, with recommendations pending to increase this amount to $66,810 for construction, reconditioning, and improvement of roads and walks, ground improvement, comfort station, water and sewerage, and improving buildings. Some of this work has commenced and is near completion; other will be resumed this summer. Report 1071, Sixty-ninth Congress, first session, contains the result of this study by Chief, Historical Section, Army War College: Battle or New Orleans, January 8, 1815.-The Battle of New Orleans is the best known of the battles of this war, and more troops were engaged on that field than on any other. It was a brilliant defense by raw troops against the attack of a much larger force of highly trained troops with war experience and led by wellknown British generals. As it was fought after the treaty of peace had been signed, though not confirmed, it had no effect on the general conduct of outcome of the war on the terms of the peace treaty. Its immediate effect was to protect New Orleans from capture and perhaps from the experiences of the National Capital. In honor of this victory a monument has been erected; it was completed under the act of March 4, 1907, which appropriated $25,000 for this purpose. In view of the unique character of this battle it is believed that the line of defense should be located and properly marked; the battle is therefore listed in Class 11A. Document 27, Seventy-second Congress, first session: The sum of $300 was appropriated in Public No. 869, Seventy-first Congress, for all expenses incident to the study, investigation, and survey of the battlefield of Chalmette, La., during the fiscal year 1931-32, as authorized by act approved January 31, 1931. The funds were allotted to the Historical Section, Army War College, which is engaged in the study, investigation, and preparation of data on those battlefields and other points of military historic interest in which Congress or individual members thereof have indicated an interest. This report gave an estimate of cost of land as follows: Parcel C, 89 acres; parcel B, 18 acres; parcel C, 15 acres; parcel D, 9 acres; at $3,000 per acre or $468,000. Parcel É, 5 acres to be donated by St. Bernard Parish; parcel F, 15 acres, national cemetery; Parcel G, 17 acres, national monument; total 37 acres, no cost. Total 168 acres in park project. In addition, the study recommended for roads and walk, tablets, improvements to grounds, administration costs, and yearly maintenance an additional amount of $73,000. In other words, the Secretary of War recommended to the Congress of the United States a project for Chalmette National Military Park of 168 acres. The bill now under consideration provides: That the Secretary of the Interior be, and he is hereby, authorized to acquire, by purchase or by condemnation, out of any funds allotted and made available for this project by proper authority, and/or accept by donation, in behalf of the United States, lands, easements, and buildings within ten miles of the boundaries of the Chalmette National Monument as shall be designated by the Secretary of the Interior as necessary or desirable for the extension of said monument. The CHAIRMAN. In other words, from your testimony it would seem that we would leave it to the Park Service of the Department of the Interior to determine what area they would need; is that correct? Mr. FERNANDEZ. Yes. The study made by the Historical Section of the Army War College recommended to Congress a project consisting of 168 acres. Under the bill before the committee it is simply provided that the Secretary of the Interior shall have the authority to say just how many acres shall be in the area. The CHAIRMAN. Proceed. Mr. FERNANDEZ. And That the areas now within the Chalmette National Monument and Chalmette National Cemetery, together with such additions as may hereafter be made thereto, shall be known as the "Chalmette National Historical Park." On December 20, 1933, I addressed the following letter to Hon Franklin D. Roosevelt, President of the United States, The White House: MY DEAR MR. PRESIDENT: Because I know of your deep interest in preserving the great historic sites of the Nation, I take the liberty of calling your attention to the condition of the Battlefield of New Orleans, one of the outstanding military fields of this country, which is threatened with almost complete extinction. This area lies within my congressional district just outside the limits of the city of New Orleans. Here, in 1815, Andrew Jackson, one of your great Democratic predecessors, won undying national fame as the "Hero of New Orleans" when he defeated a much larger British force under Sir Edward Pakenham, who was threatening to capture New Orleans and to establish the British in control of the Mississippi River. The results of the contest were far reaching. Though the Treaty of Ghent had already been signed, there is a strong probability that the British would have retained possession of New Orleans and of the Louisiana Territory, had they won the field that day. Furthermore, the great Jackson so retrieved the national honor that the internal dissention, which prevailed during most of the War of 1812 was halted. An era of magnificent growth and development followed. Consequently the year 1815 goes down in our history as a great turning point in the national story. Today there are few reminders of that glorious day at New Orleans. At a time when other great battlefields of the Nation are being honored and, through present emergency activities, are being given special treatment, this battlefield stands practically forgotten and unrecognized, except for a small public works program, in connection with Chalmette National Monument, secured by the Office of National Parks, Buildings, and Reservations. The condition is this: Chalmette National Monument, an area of about 17 acres, includes the Obelisk Monument, which was erected many years ago to commemorate the Battle of New Orleans. It is in the jurisdiction of the Department of the Interior. However, the great battle line which extends along the historic Rodrique's Canal from the Mississippi River to the marshes about 3 miles away is only partially included within the monument. Until recently a large part of the battle area was controlled by American Airways and was used as a flying field. But now the field is being abandoned and will be entirely divided into real estate subdivisions and sold unless the Nation is alert to the danger and steps are taken to protect it. Among other considerations is the wonderful old René Beauregard Home, which is adjacent to the National Monument and which is a landmark which will soon disappear altogether unless saved in this way. It is fortunate that the United States has the National Monument but that is not an adequate program, considering the historical importance of the battlefield. In view of these circumstances, I recommend to you the allocation of sufficient funds from the Emergency Conservation program to include the land necessary to round out and protect the present National Monument which later can be developed into a great national military park. In this connection opportunity would be afforded for at least two Civilian Conservation camps, which could be profitably employed in a general reforestation program, as well as in draining the swamps and cleaning up insofar as these activites would be consistent with such a development. This would be in line with your splendid Emergency Conservation program. I request your sympathetic consideration of this proposal, which I firmly believe will have an inestimable benefit to posterity. Already such patriotic organizations as the National Daughters of the Revolution, The United Daughters of the Confederacy, and others have expressed strong interest in this proposal. I am sure you will find instant and well-nigh universal approval in the action which is suggested. I attach a statement and blueprint giving an analysis of the parcels of land, together with estimates of land values, which are involved. I shall be very glad to discuss the matter with you personally if you find it possible, with your busy schedule, to accord me that privilege. Respectfully yours, J. O. FERNANDEZ, M. C., |