Revolutionary War And War Of 1812 Battlefield Protection Act

Floor Speech

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Mr. SMITH of Nebraska. Madam Speaker, I yield myself as much time as I may consume.

During hearings on this bill in the 110th Congress, the Committee on Natural Resources heard testimony from historian David Hackett Fischer. Mr. Fischer's writings on the Revolutionary War point out General Washington's support for property rights and the strong actions he took to ensure that his soldiers respected the property of civilians, even when the property belonged to a Tory sympathizer. Washington personally gave strict orders to forbid looting even though plunder was the norm at the time and even though many of his men were hungry, dressed in rags and marched barefoot in the snow.

It is remarkable that in so desperate a situation and with so noble a cause, he imposed on the Patriot side such a high standard of conduct.

Washington's honorable policy stood in stark contrast to the routine seizures by the British and Hessian troops. It is no accident that over the course of the early years of the war, 1776 and 1777, in the battleground State of New Jersey, a population that was once evenly divided in its loyalty threw its support to the American cause.

There are lessons we can learn from Washington's example. In earlier battlefield protection efforts, the National Park Service used its eminent domain powers to seize lands from unwilling sellers. The justified resentment this caused hurt subsequent efforts.

I hope that as we set out to preserve historic sites, we emulate George Washington and not George III.

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