S.4698, Preservation of Antiquities

Timeline leading up to the vote on S.4698 (source)

1889- citizens of Boston petitioned the US Senate to create a special preservation area covering an ancient site named Casa Grande in Arizona to prevent further removal of material from the site and provide for its preservation. Casa Grande is a large ancient settlement including several compounds of buildings and habitations, including a ball court, dating to about AD 1350. The site included a multi-story “Big House,” that structure may have been the largest ever constructed by the Hohokam culture, which occupied what is now southern Arizona a thousand years ago. Senator Hoar introduced the petition, and Congress included in an appropriation act funds for the protection and repair of Casa Grande. Congress also told the president to not sell, or allow settlement on, the public land on which the ruin was located.

1892- President Benjamin Harrison signed an executive order reserving the Casa Grande Ruin and 480 acres around it for permanent protection because of its archaeological value.

1899- the American Association for the Advancement of Science established the "Committee on the Protection and Preservation of Objects of Archaeological Interest". The committee promoted a bill in Congress for the permanent preservation of aboriginal antiquities situated on federal lands.

1900 – Three bills related to protecting antiquities are introduced to Congress. All three bills were sent to the House Committee on the Public Lands. The chair of the Committee was Representative John F. Lacey (Iowa). Rep. Lacey sent the bills to Secretary of the Interior, who then sent them to the Commissioner of the General Land Office. Commissioner Hermann of the General Land office did not like the bills and suggested a different version.

April, 1900 – Rep. Shafroth introduced H.R. 10451. This bill was based on the combined views of the House Committee on the Public Lands. The bill gave the Secretary of Interior the power to allow only qualified institutions to excavate the ruins and collect antiquities. It made unauthorized excavations and damage a misdemeanor. Congress took no action on the bill.

April 26, 1900 – Rep. Lacey introduced H.R. 11021 at the request of the Department of the Interior. The bill gave the President the power to create national parks and reserve a wide range of resources. It also subjected unlawful intrusion of such parks to penalties. The House Committee on the Public Lands did not like the idea of granting broad discretionary authority to the Executive branch to create national parks.

February, 1904 – Senator Shelby Moore Cullom (Illinois) and Rep. Bernard Shandon Rodey (New Mexico) introduced bills made by the Smithsonian Institution. The bill received little attention from Congress.

March 2, 1904 – Rep. William August Rodenberg (Illinois) introduced H.R. 13349. He sent hundreds of copies around the country, asking for universities, colleges, museums, and historical and archaeological societies to contact the Committee on the Public Lands in support of the bill. The bill was created by the president of the new Past Exploration Society.

March 4, 1904 – Rep. Lacey reintroduced the Department of the Interior Bill H.R. 13478 (formerly H.R. 11021). Congress took no action.

April 20, 1904 – Senator Henry Cabot Lodge introduced S.5603 which was the same bill as H.R. 13349.

April 20, 1904 – A hearing on S. 4127 and S. 5603 was held before the Subcommittee of the Committee on Public Lands. Twenty-five letters that supported H.R. 13349 as Rep. Rodenberg had requested were printed in the hearing record.

April 24, 1904 – Senator Henry Moore Teller (Colorado) objected to the passage of S. 5603.

April 25, 1904 – Senate Committee on the Public Lands reported S. 5603 favorably, with amendments.

April 26, 1904 – Senator Teller submitted an amendment to S. 5603 which was agreed to and passed.

April 27, 1904 – The Senate passed S.5603. Then S. 5603 was taken from the Speaker’s table and referred to the House Committee on the Public Lands.

April 28, 1904 – Rep. Henry Clay Hansbrough (Nevada) moved to print 1,000 copies of the hearing before the Subcommittee of the Committee on the Public Lands on bills S. 4127 and S. 5603. Motion was agreed to.

Jan. 9, 1906 – Rep. Lacey introduced H.R. 11016 . In 1902, Lacey visited the Southwest, accompanied by archaeologist Edgar Lee Hewett. Hewett drafted a memorandum reviewing the antiquities problem on federal lands. In 1905, Hewett became secretary of the American Anthropological Association’s committee for antiquities legislation, which had made changes to S. 5603. It was reintroduced as H.R. 11016.

Feb. 26, 1906 – At Rep. Lacey’s request, Senator Thomas MacDonald Patterson (Colorado) introduced companion bill S. 4698, which was referred to the Senate Committee on the Public Lands.

March 12, 1906 – The House Committee on the Public Lands reported favorably on H.R. 11016 and accompanying report No. 2224.

May 24, 1906 – The Senate Committee on the Public Lands reported favorably on S.4698.

May 24, 1906- Senate expected to vote on S.4698

S.4698, A Bill for the Preservation of American Antiquities (modified/link to the original)

It will be illegal to steal or destroy any historic ruin or monument, or any object of antiquity, located on Government land, without Government permission. Breaking this law will result in fines less than $501 or imprisonment less than ninety-one days, or will both fine and imprisonment.

Sec. 2. The President of the United States may declare historic landmarks, historic structures, and other objects of historic or scientific interest located on Government land to be national monuments. He may only reserve the parts of land needed for the care of the objects to be protected. When such objects are located on private land, the land may be taken by the Government.

Sec. 3. The Government may give permits for people to examine ruins, excavate archaeological sites, and gather objects of antiquity. The work must be used for museums, universities, colleges, or other scientific or educational institutions. The goal must be to increase the knowledge about the objects. The objects gathered must be given to public museums.

Prof. Edgar L. Hewett, Memorandum concerning the historic and prehistoric ruins of Arizona, New Mexico, Colorado, and Utah, and their preservation, 1904 (modified/link to original)

Hewett was a college professor and archaeologist. After he gave Congressman John F. Lacey a tour of historic sites in New Mexico, he helped Lacey create the Antiquities bill. His biography

We now recognize the importance of the large number of historic and prehistoric ruins scattered over the Southwestern United States. Every cliff dwelling, every prehistoric tower, communal house, shrine, and burial mound can add to the advancement of knowledge. They are worthy of preservation.

The question of the preservation of this vast treasury of information about our prehistoric tribes concerns many Americans. Luckily there seems to be no barrier to achieving this. If the Government acts quickly, the preservation of the ruins is guaranteed.

Legislation should make sure these regions become a lasting source of education and enjoyment for the American people.

Some of these regions are so rich in historic and scientific interest and scenic beauty they should be made into permanent national parks.

During recent years the trade of relics from these ruins has grown. Those gathering relics have destroyed buildings, mounds, etc.. All true scientific men protest against this outrageous trade. If our Government does not use its power to stop it, it will be a bad legacy for our Government.

Petition from 300 members of the United States Daughters of 1812, 1904 (modified/link to original)

The Daughters of 1812 is an organization for the descendants of veterans from America’s war with Great Britain in 1812. It was founded in Ohio in 1892.

Below is the Daughters of 1812 emblem.

From an historical and scientific standpoint, great damage is daily committed to the prehistoric ruins and monuments located on lands belonging to the United States. Many of those prehistoric monuments and ruins are damaged beyond repair, and relics of great historic value are scattered and destroyed, making them useless for the scientific study of the primitive history of America.

With few exceptions the enlightened nations of the world have passed laws declaring their archeological monuments and prehistoric objects to be the property of the nation. They have prohibited, under severe penalties, the removal of them without the permission from the government.

We pray the Congress of the United States will create a law or laws governing the right of collection, exploration, or excavation in or adjacent to any prehistoric monuments and ruins on government lands without the permission of the government.

We suggest the passing a law prohibiting the exportation of such relics except under proper restrictions, the prevention of settlement on public lands that contain such relics, the securing of control of both lands and relics by the Government, and the enactment of laws preventing the defacing of monuments, and placing them in care of properly constituted authorities.

Senate Committee on Public Lands, Senate Report 3797 to accompany S. 4698, 1906 (modified/link to original)

The Committee on Public Lands was asked to study the bill (S. 4698) for the preservation of American antiquities. Having considered the bill we report it back with the recommendation that the bill do pass.

This measure has the hearty support of the Archaeological Institute of America, the American Anthropological Association, the Smithsonian Institution, and numerous museums throughout the country. The fact that the historic and prehistoric ruins and monuments on the public lands of the United States are rapidly being destroyed by parties who are gathering them as relics and for the use of museums and colleges, etc., your committee are of the opinion that their preservation is of great importance.

The bill is carefully drawn, and the committee are unanimously in favor of its passage.

Committee on the Public Lands, House Report 2224, to accompany H.R. 11016, 1906 (modified/link to original)

H.R. 11016 was the companion bill to S.469 (The House of Representatives version of the Senate bill).

Last Congress session, many United States archaeological societies presented about a bill to preserve antiquities. The House Committee on the Public Lands held a hearing on the subject by, but Congress did not take action on the bill.

Scattered throughout the Southwest are a large number of interesting ruins. Many of these ruins are upon the public lands, and the most of those lands have little value. This bill will not reserve more land than needed to preserve these relics of prehistoric times.

Practically every civilized government in the world has made laws to save the remains of the historic past. Their laws say that excavations and explorations must not destroy any buildings or other objects.

The United States should create laws protecting the remains on government land or in Indian reservations.

Edgar L. Hewett, Government Supervision of Historic and Prehistoric Ruins, Science Journal, 1904 (modified/link to original)

Hewett was a college professor and archaeologist. After he gave Congressman John F. Lacey a tour of historic sites in New Mexico, he helped Lacey create the Antiquities bill. His biography

A traffic in prehistoric wares from the Southwest has grown in the last few years. It has led to the destruction of prehistoric remains. This has caused great concern to archeologists. They realize the severity of this loss to anthropological science.

Much of the material gathered by people to sell for money does end up in public museums. However, its use to science is reduced because of the materials lack records.

Luckily, a growing popular and educational interest in historic and prehistoric landmarks has started to work for the preservation of these objects. As a citizen of New Mexico I have watched with deep concern the loss of many of the priceless archeological treasures of the southwest. I am now looking to find a solution to the question of how these monuments may be permanently preserved and prehistoric relics protected.

Various bills that would work to protect and preserve our prehistoric ruins are now being analyzed by some Committees in Congress. These bills might be presented to all of the national Congress next winter.

Dr Francis W. Kelsey, Testimony during Congressional hearing on bills related to the Preservation of Historic and Prehistoric Ruins (S. 4127, S. 5603, H.R. 13458, H.R 12447, and H.R. 12141), 1904 (modified/link to original)

I am the secretary of the Archaeological Institute of America. I know the opinions of many people in this country on this subject. While there are differences of opinion on some things, on certain things all absolutely agree.

They agree that legislation should protect the monuments on Government land. You should make this legislation immediately.

People are constantly working on the public lands extracting all the objects of value. When these objects are extracted the place they were taken from is completely ruined in the process. The remains become worthless for science.

It is extremely desirable that action be taken, because the country expects it.

The people interested in this matter are not just scientific men, or educational institutions. The general public has realized the importance of preserving in America these remains of the past. This should be done not just for present interest, but for the future. They are being obliterated every day.

The fundamental point is the necessity of immediate legislation to protect these remains until the Government can make legislation to take care of them.

Rev. Dr. Henry Mason Baum, Testimony during Congressional hearing on bills related to the Preservation of Historic and Prehistoric Ruins (S. 4127, S. 5603, H.R. 13458, H.R 12447, and H.R. 12141), 1904 (modified/link to original)

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The question of legislation for American antiquities has been considered for many years. Movements to secure their protection have been made by various societies. Many bills were introduced during the past six or seven years. Those bills never made it past the committees, none of them were ever voted on by Congress. This was because there never was any organized action.

Every civilized government on the face of the earth has legislation for the protection of its antiquities. After the European governments made laws for the protection of their antiquities Mexico followed, as did some of the smaller republics of the South. The United States is the only Government without any protection for its antiquities.

It was not until twenty-five years ago that excavations began in the ruins of the Southwest. The isolated ruins do not attract the attention of the tourist, but they do attract the commercial excavator. Those excavators can make a good deal of money by selling what they take from the ruins.

Whether the President of the United States should be empowered to set aside public lands for reservations is a matter entirely for you gentlemen to decide.

Cliff dwellings at Mesa Verde, Colorado

Cliff Palace is the largest cliff dwelling in North America. The cliff dwelling was built from about 1190 through 1260 A.D. . The Anasazi, who built this cliff dwelling had abandoned it by 1300, for reasons that are still debated.

Artifacts found at Mesa Verde by Archaeologists

Gila Cliff in New Mexico

Artifacts found by Archaeologists in New Mexico

Debate on the Senate floor over S.4698 between John Lacey (R)Iowa and John Stephens (D)Texas, 1906 (modified/link to original)

Lacey's, the creator of the bill, biography, and Stephens biography

Mr. STEPHENS: Does this bill apply to all the public lands or only certain reservations made in the bill?

Mr. LACEY: There is no reservation made in the bill of any specific spot.

Mr. STEPHENS: I think the bill would be preferable if it covered a particular spot and not the entire public domain.

Mr. LACEY: This bill will only make small reservations where the objects are of sufficient interest to preserve them.

Mr. STEPHEN: Will that take this land off the market, or can they still be settled on as part of the Public domain?

Mr. LACEY. It will take that portion of the reservation out of the market. It is meant to cover the cave dwellers and cliff dwellers.

Mr. STEPHENS. HOW much land will be taken off the market in the Western States by the passage of the bill?

Mr. LACEY. Not very much. The bill provides that it shall be the smallest area necessary for the care and maintenance of the objects to be preserved.

Mr. STEPHENS: Would it be anything like the forest-reserve bill, which has tied up million acres of land in the United States?

Mr. LACEY. Certainly not.

Mr. STEPHENS of Texas. I will say that that bill was abused.