The Captivity of the Republic

PRELIMINARIES TO THE HEARING

Upon this, Mr. Moon told the chairman of the committee and the gentlemen who were managing that side of the question in Washington, that neither we nor our petitions could be counted at all in connection with the movement for Sunday opening, as such. The chairman of the committee asked Mr. Moon what our position was. He told the committee what our position was, and how many petitions we had there. Of course all the names that were gathered upon that first petition, nearly four hundred thousand, were just as good for this day as they were at first. They are everlastingly against the whole thing. When Mr. Moon told him what our position was, and the reasons for it, the chairman said to him in substance: “You write out your position as regards this legislation, and I will present it as a bill, in the House, so as to give you a basis upon which to present your petitions, and for your arguments to be heard.” Mr. Moon, in that room, dictated to Mr. Thompson of Chicago, what we desired, and Chairman Durborow introduced it with his own name on it. Following is the bill:— CAR 10.1

“52nd Congress, CAR 10.2

2nd Session. H. Res. 177. CAR 10.3

“In the House of Representatives, Dec. 20, 1892. Referred to the Select Committee on the Columbian Exposition and ordered to be printed. CAR 10.4

“Mr. Durborow introduced the following joint resolution:— CAR 10.5

“Joint Resolution to repeal the religious legislation pertaining to the World’s Columbian Exposition. CAR 10.6

“Whereas, The United States Constitution specifically states that ‘Congress shall make no laws respecting an establishment of religion, or prohibiting the free exercise thereof;’ Therefore be it- CAR 10.7

“Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of Congress approved August fifth, eighteen hundred and ninety-two, appropriating five millions of Columbian half dollars to provide for celebrating the four hundredth anniversary of the discovery of America by Christopher Columbus, by holding an International Exposition of arts, industries, manufactures, and products of the soil, mine, and sea in the city of Chicago, in the State of Illinois, on the condition that the said Exposition shall not be opened to the public on the first day of the week, commonly called Sunday; and also that section four of ‘an act to aid in carrying out the act of Congress’ approved April twenty-fifth, eighteen hundred and ninety, entitled ‘An act to provide for celebrating the four hundredth anniversary of the discovery of America by Christopher Columbus, by holding an international exposition of the arts, industries, manufactures, and products of the soil, mine, and sea in the city of Chicago, in the State of Illinois,’ be, and the same is hereby amended so as to leave the matter of Sunday observance entirely within the power of the regularly constituted authorities of the World’s Columbian Exposition.” CAR 11.1

It being understood that this bill was introduced with the understanding and for the express purpose of opening the way for us to present our petitions, and to be heard upon the question as we regarded it, we proceeded upon that idea. The arrangement for the hearing was made. Mr. Moon tells me that if the hearing could have been had before Christmas, he is perfectly satisfied that we would have been fully and fairly heard upon the principles which we hold, and which are expressed in this bill. But the hearing was not appointed until after the holidays, and Congress took a recess during the holidays, and when Congress reconvened, it was discovered that the chairman of that committee was another man altogether. Something caused him to repudiate all that he had done in this connection and shut out the principle embodied in that resolution, which he himself had introduced in order that we might be heard. CAR 11.2

Dr. Lewis, the Seventh-day Baptist, went to Congress to be heard. He told me that he went to Mr. Durborow, the chairman of the committee, and asked to be heard. Mr. Durborow asked him what he represented, and what his argument was to be. Mr. Lewis told him that it would be upon the point of the unconstitutionality of the legislation already adopted by Congress. Mr. Durborow told him that the committee had decided not to hear any arguments at all upon the principle, but only upon the policy, of the legislation; not to consider any question at all as to whether it was constitutional or not, but that Congress had done it, and it was presumed that Congress had the right to do it. And any mention as to the propriety of the legislation, would be entirely left out, and it was only to be considered now as to whether it would be better policy for the country to open the Fair or shut it on the Sunday that had been adopted by Congress. CAR 11.3

When that was done, Dr. Lewis had nothing at all to say, and made no calculation to say anything. But the third day, and among the last minutes of the day, Mr. Durborow called upon him to speak, giving him five minutes. Dr. Lewis told him that he did not have anything to say, that he did not have his documents with him, and that he had no intention to speak under the circumstances. But Mr. Durborow rather insisted that he should, that he had five minutes to occupy if he chose. So he occupied them, though in a rather perfunctory way. CAR 12.1

Samuel P. Putnam was there for the same purpose, having several thousands of petitions in his pocket. He is president of the Free Thought Federation of America. He went to Mr. Durborow for a portion of time to be appointed him, and he received the same information; that any arguments as to the constitutionality of the question, or the principle involved, were not to be considered at all, but only the policy of the legislation. That being so, Mr. Putnam made no further request. But he likewise was called upon to speak, but was given only a very few minutes, which he occupied as best he could. CAR 12.2

I did not reach Washington long enough beforehand to learn all this. Mr. Moon knew it, but I did not have a chance to talk with him. My train was late, and I arrived there only in time, by hurrying, to reach the committee room as the hearing was opened. So I did not have time to learn anything about the situation at all. After several speeches had been made, Mr. Thompson, of Chicago, came to me and asked me if I would take the balance of the time that day,—the last half hour. As I had written to Mr. Moon that whatever arrangements they should make, I would conform to when I got there, I supposed that was the arrangement, although it was not, strictly. I told Mr. Thompson that if they thought best, I would speak that day, but I would like to wait until after the American Sabbath Union had spoken; but if they would rather, I would take the time. And so when I began, I began on the only thing I knew; namely, to call in question the legislation. But that was the thing the chairman had decided not to have discussed. I noticed immediately that he was very restless. But I did not know what was the matter. It is true that the chairman made a statement in opening the hearing that I understand now, but did not fully then. He said:— CAR 12.3

“The meeting to-day will be held for the purpose of giving a hearing to those favoring the legislation that is before the committee. I think it would be proper to state to the committee that the present case is somewhat different from the case as presented a year ago; and that the proposition before the committee is to modify existing law, not create law, as was the proposition a year ago. Therefore the discussion before the committee on this occasion it is expected will be held very closely within the lines of modification presented in the resolution before the committee, copies of which are on the desk, and which can be furnished to you, which provides for the modification of the closing of the gates of the Columbian Exposition on Sunday, by permitting them to be opened under restrictions as stated in these resolutions.” CAR 13.1

That expression, “not to create law,” was the statement that I did not understand then, but do now. CAR 13.2

It was fortunate, in another sense, that I spoke that half hour, because there was no time afterward when I could have had a half hour. The longest time occupied by anybody after that was about twenty-five minutes, and the most of the fifty-seven speakers had only an average of about ten minutes allowed them. CAR 13.3

Although the chairman shut out the argument I was making upon the Constitution, yet other members of the committee asked questions until the whole half hour was consumed; and every one of their questions was presented in such a way that I was compelled to strike the Constitution and the unconstitutionality of what they had done, in answering the questions, and so the argument they wanted to shut out was presented in spite of the efforts of the chairman. And the very things that he refused to listen to from us, on other points, were presented by others, in a great deal stronger way than we should or could have stated them. My argument before the committee was as follows:— CAR 14.1