CHAPTER XVIITHE TORY IN THE HOUSE

“Let facts be submitted to a candid world.”Theyhave “combined with others to subject us to a jurisdiction foreign to our Constitution and unacknowledged by our laws; giving”their“assent to their acts of pretended legislation;. .. For. .. declaring themselves invested with power to legislate for us in all cases whatsoever.”

It is doubtful if our Congress of 1917 ever read the above language. It is certain that such Congress, reading those words, would heed them just as little as all advocates of the supposed Eighteenth Amendment have heeded the express commands of the Americans who uttered those words.

For the information of those who think that governments in Americacanvalidly make grants ofnationalpower, like those in the First Article and the Eighteenth Amendment, we state that the quoted words are from the complaint of the American people against their British Government on July 4, 1776. For their information, we also state that, on that famous July day, all Americans ceased forever to be “subjects” of any government or governments in the world. For their information, we also state that it will require more than a combination of our American government and the state governments to subject us American citizens to a jurisdiction foreign toourConstitution and unacknowledged by our laws, the jurisdiction of thestate governments, none of which has aught to do with the citizens of America.

It is a known legal fact, decisively settled in the Supreme Court, that the jurisdiction of the American government over the American citizen and the jurisdiction of the state government over the state citizen are as distinct and foreign to each other as if the two citizens were two human beings and the territory of the state were outside of America.

We have in our political system a government of the United States and a government of each of the several states. Each one of these governments is distinct from the other and has citizens of its own who owe it allegiance and whose rights, within its jurisdiction, it must protect. The same person may be, at the same time, a citizen of the United States and a citizen of a state, but his rights of citizenship under one of these governments will be different from those he has under the other. (Justice Waite in United States v. Cruikshank, 92U. S.542.)The two governments in each state stand in their respective spheres of action, in the same independent relation to each other, except in one particular, that they would if their authority embraced distinct territory. That particular consists in the supremacy of the authority of the United States where any conflict arises between the two governments. (Justice Field in Tarble’s Case, 13Wall.397.)

The two governments in each state stand in their respective spheres of action, in the same independent relation to each other, except in one particular, that they would if their authority embraced distinct territory. That particular consists in the supremacy of the authority of the United States where any conflict arises between the two governments. (Justice Field in Tarble’s Case, 13Wall.397.)

In our Constitution all power ever granted to interfere with the individual freedom of American citizens is vested inouronly legislature, the Congress. That is the opening statement of that Constitution in its First Article, which enumerates all powersof that kindever validly granted to that legislature.

InourConstitution no power whatever over the citizens of America was ever granted to the statessingly or collectively, or to the governments of the states singly or collectively. That all governments in America, including the Congress of 1917, might know that settled fact, it was stated with the utmost clarity in the Tenth Amendment to that Constitution. That Amendment, repeatedly held by the Supreme Court to be part of the original Constitution, is the clear declaration that no power of any kind over us, the citizens of America, is granted in that Constitution to any government save the government of America, and to it only the enumerated powersof that kindin the First Article. It is also the clear declaration that all powers to interfere with individual freedom, except the powersgrantedin the First Article to theAmericangovernment and powersreservedto the citizens of each state respectively, to govern themselves, are reserved to the American citizens.

Wherefore, now educated in the experience of the Americans who insisted on that declaration, we make exactly the same charge, against the Congress of 1917 and all advocates of the Eighteenth Amendment, that was made by those Americans against their king who insisted that they were “subjects” of an omnipotent legislature.

In December, 1917, the Congress knew that it could not make, to the citizens of America, the command which is Section 1 of the Eighteenth Amendment. By reason of that knowledge, that legislature—the onlyAmericanone—paid its tribute to the state legislative governments as collectively a supreme American Parliament with exactly the same omnipotence over all Americans “as subjects” which the Americans of 1776 denied to the British Parliament.

Congress ought to have known that no governmentexcept Congress can make any command on any subject to American citizens. It did know that Congress could not make the command of the new article to the American citizen. Therefore it paid its tribute to the state governments. It asked them, as competent grantors, to give it a new enumerated power to interfere with the individual freedom of the American citizen.

It is history that those state governments, each with no jurisdiction whatever except over the citizens of its own state, went through the farce of signing the requested grant in the name of the citizens of America. It is law that those state governments are not the attorneys in fact of the citizens in America for any purpose whatever. It is law that no governments have any power of attorney from the citizens of America to grant to any government a new enumerated ability to interfere with the individual freedom of the American citizens. For which simple legal reason, the supposed grant of such a power, by government to government, in Section 2 of the Eighteenth Amendment, is a forgery.

The supposed Volstead Act was enacted under this grant. It has met with the severest criticism. No one, however, has yet pointed out one particular fact to the careful thought of every average citizen of America. There are thousands of laws, interfering with individual freedom, in the statute books of the American nation and of the respective states. In one respect, however, this Volstead Act is absolutely unique among statutes in America. It is the one law in Americaof that kind, the kind interfering with individual freedom, which does not even pretend to be founded on a grant of authority directly from its citizens to the government which passed it. It is the only law in America,directly interfering with human freedom, which was enacted under a grant of power madebygovernment to government. It does not detract from this unique distinction that the American government requested the grant, and the state governments made it, and the American government acted under it, by passing the Volstead Act, all being carefully planned and accomplished while millions of Americans were preparing to give and thousands of them did give their lives for the avowed purpose of securing human liberty from the oppression of government.

When, in 1787, Americans at Philadelphia had worded our Constitution, Gerry, opening the short discussion of its Fifth Article, made this important and accurate statement of fact: “This constitution is to be paramount to the state constitutions.” All American citizens know that each state legislature is the creature of its state constitution and absolutely subject to that constitution. We thus have clearly established that the American Constitution is paramount to all the state constitutions and that each state constitution is respectively paramount to the state legislature which it creates and controls. It remained for the Congress of 1917 and all advocates of the Eighteenth Amendment to acquire and state and act upon the remarkable “knowledge” that those same state legislatures are paramount to everything in America, including the American Constitution, which is paramount to the state constitutions which created these very legislatures. That such was the unique knowledge of the Congress of 1917 is made clear by its request to those state governments to make the command of Section 1 to the citizens of America and to make the grant of Section 2 of power over the citizens of America.

“We thought it wise to give both the Congress and the several states concurrent power to enforce this Article and let that power be set forth and granted in the Article we propose to submit.”

So spoke Congressman Webb, introducing the proposed Eighteenth Amendment, exactly as it now reads, to the House of Representatives, on December 17, 1917. This was the day on which that House discussed and passed the Senate Joint Resolution 17, which proposed that Amendment and submitted it togovernmentsto make it. Webb was a lawyer of renown and chairman of the Judiciary Committee and had entire charge of the passage of the Resolution in the House on behalf of those who had ordered the American Congress to pass that Resolution.

From one instance alone, we may immediately glean how clearly Webb and all leading supporters of the Eighteenth Amendment, in and out of Congress during the past five years, have shown an accurate “knowledge” of the basic principles of all government in America. We realize that such knowledge, if human liberty is to remain secure, is an essential qualification of leaders of a people once “better acquainted with the science of government than any other people in the world.”

No sooner had Webb read the Section 2 and made his quoted statement of its purpose than he was asked a pertinent and important question. The query was whether, if Congress and a state government each passed a law and they flatly conflicted, which law would control? Webb had made long preparation to carry out his purpose that the Eighteenth Amendment be inserted in the Constitutionby government. He was prepared with his immediate response to thatignorant question. His prompt answer was: “The one getting jurisdiction first, because both powers would be supreme and one supreme power would have no right to take the case away from another supreme power.” (Congressional Record, Vol. 56, p. 424.) It is sad to relate that this lucid explanation of the manner in whichtwodistinct supreme powers dictate to one “subject,” the American citizen, elicited the next query, “Does the gentleman say that as a lawyer?” With the charity that real intelligence displays to ignorance, Webb again explained the simple proposition of two distinctand supremepowers to command on exactly the same matter. We commend Webb’s American mental attitude, without the slightest Tory taint, and his mastery of American law, to all who ever wish to dictate to human beings as “subjects.”

Fresh from our education in the experience of the earlier real Americans, we deem it proper to dwell for a moment further on that opening statement of Webb: “We thought it wise to give both the Congress and the several states concurrent power to enforce this Article and let that power be set forth and granted in the Article we propose to submit” to the state governments.

We recall vividly the statement of Lloyd George made only last year in the British Legislature. He was speaking of the proposed treaty with Ireland, then before that Legislature, and this is what he said, in substance. “The Parliament at Westminster [legislative government, not the people of the British Empire] is the source of every power in the British Empire.” It is our just tribute to Webb and every American who believes that the Eighteenth Amendment is in the Constitution, that they understand thatthe American nation is founded and exists on exactly the same principle. They have all acted upon the one conviction that the state governments collectively are exactly the same as the Parliament at Westminster, are above the American Constitution and need obey no command in it, and are the legitimate source of any power to interfere with the individual freedom of the American citizen, on any matter whatsoever.

On our part, probably blinded by our own education with the earlier Americans, we still believe that Webb and all who think with him are hopelessly ignorant of American law. We believe that they do not understand in the least the vital change in the status of the American individual, from “subject” to “citizen,” on July 4, 1776.

We remember Marshall’s clear statement, in the Supreme Court, that, in the days when Americans “were better acquainted with the science of government than any other people in the world” and the First Article grants of power over them were requested, the legal “necessity of deriving those powers fromthemwas felt and acknowledged by all.” We know thattheymade no change in the imperative nature of that necessity. We do not understand how that legal necessity, during the past five years, has not been known to Webb and those of his Tory faith.

We remember Marshall’s equally clear statement, again in the Supreme Court, that, when new grants of such power are wanted from its citizens by the American government, there is only one way, in which those grants can be validly or “effectively” made, namely, by those citizens themselves, assembled in their “conventions.” It is true, the American citizens assembled in those conventions in their several states. “Nopolitical dreamer was ever wild enough to think of breaking down the lines which separate the states, and of compounding the American people into one common mass” and of compelling them to assemble inone“convention,” when it is necessary for them to act, as possessors of exclusive ability to vest national power over them.

Of consequence, when they act, they act in their states. But the measurestheyadopt do not, on that account, cease to be measuresof the people themselves, or become the measures of the state governments. (M’Culloch v. Maryland, 4Wheat.316.)

We do not understand how Webb and those of his Tory faith have forgotten this legal fact, possibly the most important in America to the liberty of its citizens.

We remember how well this legal fact was once known to all Americans, how clearly the Americans in Virginia expressed it as the then knowledge of all Americans and their leaders. “The powers granted under the proposed Constitution are the gift of the people, and every power not granted thereby remains with them, and at their will.” (Resolution of the Americans in Virginia, ratifying the Constitution and making the grants of its First Article, 3Ell. Deb.653.) We do not understand how Webb and those of his Tory faith, speaking the language of Lord North in 1775 and of Lloyd George in 1922 as to the British Government of “subjects,” should translate the quoted accurate statement of American law into, “The powers granted under the proposed Constitution are the gift of the people, but every power not granted therein remains with the collective state legislative governments and can be granted by those governments, without any action by the citizens of America themselves.”

We know that the Supreme Court, in 1907, did not so understand.

The powers the people have given to the General Government are named in the Constitution, [all in the First Article] and all not there named, either expressly or by implication, are reservedto the peopleand can be exercised only bythem, or uponfurther grantfromthem. (Justice Brewer in Turner v. Williams, 194U. S.279.)

We do not understand how Webb and those of his Tory faith could believe that one of those reserved powers could be exercised by the collective state governments, Section 1 of the new Amendment, or could be granted by those governments, Section 2.

We remember that Madison, who worded the Fifth Article, and Hamilton, who seconded it at Philadelphia, did not so believe but knew that such belief came in direct conflict with basic American law. “As the people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived, it seems strictly consonant to the republican theory, to recur tothe same original authority[the people themselves in “conventions”] whenever it may be necessary to enlarge, diminish, or new-model the powers of the government.” (Hamilton inThe Federalist, No. 49.) “The fabric of American Empire ought to rest on the solid basis of theconsent of the people. The streams ofnationalpower ought to flowimmediatelyfrom that pure, original fountain of all legitimate authority.” (Hamilton inThe Federalist, No. 22.) “The express authority of the people alone could give due validity to the Constitution.” (Madison inThe Federalist, No.43.) “It is indispensable that the new Constitution should be ratified in the most unexceptionable form, by the supreme authority of the people themselves.” (Madison, at Philadelphia, 5Ell. Deb.158.) “The genius of republican liberty seems to demand on one side, not only that all power should be derived from the people, etc.” (Madison inThe Federalist, No. 37.) and “There is certainly great force in this reasoning, and it must be allowed to prove that a constitutional road to the decision of the people ought to be marked out and kept open, for certain great and extraordinary occasions.” (Madison or Hamilton inThe Federalist, No. 49.)

We average Americans know that, in the Fifth Article, there is “marked out and kept open, for certain great and extraordinary occasions aconstitutionalroad to the decision of thepeople” when their own exclusive ability is alone competent to do what is deemed wise to be done. We know that the direct command to American citizens, interfering with their individual freedom and contained in Section 1 of the new Amendment, was the first direct commandof that kindever attempted to be put in our Constitution. We know that the grant of power to make such commands, which is the grant of the second section of that Amendment, is the first and only grantof that kindever supposedly made since 1788. Knowing these undoubted facts, we cannot understand why Webb and those of his Tory faith did not know that the request for the command of Section 1 and for the grant of Section 2 was “a great and extraordinary” event, and that only through the “constitutionalroad for the decision of thepeople” themselves, “marked and kept open” in the Fifth Article, the assembling of the people themselves in their“conventions,” could a valid command and a valid grant be achieved.

The more we average Americans consider, however, the Congressional record of 1917 and the story of the subsequent five years, the more do we understand the curious mental attitude which has led Webb and those of his Tory faith, who believe that the new Amendment is in the Constitution, to think that governments could make that command to and that grant of power over the citizens of America. Our consideration leads us to think that none of these men have ever read or grasped the meaning of the words expressing a knowledge so often shown by our Supreme Court:

The people who adopted the Constitution knew that in the nature of things they could not foresee all the questions which might arise in the future, all the circumstances which might call for the exercise of furthernationalpowers than those granted to the United States, and after making provision for an Amendment to the Constitution by which any needed additional powers would be granted, they reserved tothemselvesall powers not so delegated. (Justice Brewer, Kansas v. Colorado, 206,U. S.46 at p. 90.)

We are sorely afraid that Webb and the Congress of 1917 and all upholders of the new Amendment have made exactly the same vital mistake which had been made, in that reported case, by the counsel who there represented the very same government which repeated the mistake in 1917.

That counsel had contended for the proposition that there are “legislative powers affecting the nation as a whole [the citizens of America] which belong to, although not expressed in the grant of powers” in the First Article. The answer of the Supreme Court was decisive on the mistake of that counsel and the mistakeof the 1917 request from Congress to the state governments. The answer was that the proposition

is in direct conflict with the doctrine that this is a government of enumerated powers. That this is such a government clearly appears from the Constitution, independently of the Amendments, for otherwise there would be an instrument granting certain specified things made operative to grant other and distinct things. This natural construction of the original body of the Constitution is made absolutely certain by the Tenth Amendment. This Amendment, which was seemingly adopted with prescience of just such contention as the present, disclosed the wide-spread fear that the National Government might, under the pressure of a supposed general welfare, attempt to exercise powerswhich had not been granted. With equal determination the framers intended that no such assumption should ever find justification in the organic act, and that if in the future further powers seemed necessary, they should be grantedby the peoplein the manner they had provided for amending that act. It reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”The argument of counsel ignores the principal factor in this Article, to wit, “THE PEOPLE.” Its principal purpose was not a distribution of power between the United States and the States, but a reservationto the peopleof all powersnotgranted. The preamble of the Constitution declares who framed it,—“We, the people of the United States,” not the people of one State, but the people of all the States; and Article X reserves to the people of all the States the powers not delegated to the United States. The powers affecting the internal affairs of the States not granted to the United States by the Constitution, nor prohibited by it to the States, are reserved to theStates respectively, and all powers of a national character which are not delegated to the National Government by the Constitution are reserved to thepeople of the United States. (206U. S.at p. 89.)

We average Americans know, and Webb and those of his Tory faith cannot deny, that the power to make the command of Section 1, the power purported to be granted in Section 2, are among the powers of which the Supreme Court speaks as reserved, not to the states, but to the people of America. We also know, and againtheycannot deny, that only those, who have, can give, or grant. For which reason,weask thattheyanswer this question: How can the state governments exercise or grant a power which was not reserved to the states but was reserved by the citizens of America to themselves?

In asking this question we but echo the learned Pendleton’s question, in the Virginia convention of 1788: “Who but the people can delegate powers?... What have the state governments to do with it?” (3Ell. Deb.37.) And we also but echo the question of Wilson, in the Pennsylvania convention of 1787: “How comes it, sir, that these state governments dictate to their superiors—to the majesty of the people?” (2Ell. Deb.444.)

But we, the citizens of America, have a further charge, at this point, to make against Webb and all who claim that the new Amendment is in the Constitution or that any governments could put it there. In the case of Kansas v. Colorado, supra, counsel for the government of America made a monumental error by displaying his ignorance of the most important factor in the Tenth Amendment, “the people” of America. By reason of that particular ignorance, he assumed that all power to interfere with the individual freedom of Americans, on every subject, must be vested in some government or governments. This was the Tory concept, accurately rebuked by the supreme judicialtribunal, knowing only American law based on the American concept of the relation of “citizens” to their servant government and not on the Tory concept of the relation of the master government to its “subjects.” He did not know what Cooley knew when he made his accurate statement that “There never was a written republican constitution which delegated to functionaries all the latent powers which lie dormant in every nation and are boundless in extent and incapable of definition,” (Constitutional Limitations, 7th Ed., 1903, p. 69.) By reason of his ignorance, he contended that government could command American citizens by interfering with their individual freedom on a matter not enumerated in the First Article. His particular error, in that respect, is repeated by Webb and all who uphold the validity of the command made in Section 1 of the new supposed Amendment.

But they were not content with repeating his one monumental error. They have not only ignored the most important factor in the Tenth Amendment, “the people.” They have also wholly ignored the most important factor in the Fifth Article, the mention of thewayin which the citizens of America made their only valid grants of power to interfere with their individual human freedom, the mention of the only way in which new grantsof power of that kindcan ever beconstitutionallymade, the assembling ofthosecitizens in their “conventions” in their several states. So assembled in such “conventions,” they made all their grants in the First Article and then, in their Fifth Article, mentioned their own assembling in exactly similar conventions in the future and prescribed that a “Yes” from three fourths of those conventions would be the only valid signature of the citizens of Americato any new grant of a further enumerated power to interfere with their individual freedom.

There never has been any other possible meaning to those words in the Fifth Article, “or by conventions in three fourths thereof.” To the Americans who worded that Article at Philadelphia and to the Americans who made that Article, assembled in just such “conventions” as are mentioned in words therein, that quoted phrase was the most important factor in the Fifth Article. To them, those quoted words therein were the complement of their most important factor in the Tenth Amendment, the reservation to themselves (“the people” or citizens of America) of everynationalpower not delegated in the First Article. Together, the two important factors were the command of the citizens of America that allnationalpowers so reserved to themselves could be delegated only by themselves, assembled in their “conventions” —“by conventions in three fourths of” their states. We, who have lived through their education with them, realize this with certainty. Webb and those who believe with him know nothing about it.

Recognizing that Congress had been given no power to make the command which is Section 1 of the new Amendment, they first asked the state governments to make that command to the citizens of America. This was an exact repetition of the error made by counsel in Kansas v. Colorado, supra. This was their ignoring of the most important factor in the Tenth Amendment. Then, that the display of their own ignorance should contain something original, they ignored the most important factor in the Fifth Article and requested that a new power, reserved by the citizens of America to themselves, should be granted by the state governments.Everything that they have said or done, during the last five years, is based on that ignoring of that most important factor in that particular Article.

Indeed Webb himself made this very clear at the very opening of his appeal that Senate Resolution Number 17 be passed in the House on December 17, 1917. He merely paused to make the lucid explanation of howtwosupreme powers act, and then went on to read the Fifth Article as it appears in his expurgated edition of our Constitution. This is the Fifth Article he read to our only legislature:

“that Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution ... which ... shall be valid to all intents and purposes as part of this Constitution, when ratified by the legislatures of three fourths of the several states.”

It is clear to us, who have followed the framing of that Article in Philadelphia in 1787, that the Americans who framed it there and the Americans who made it, in their later “conventions,” would not recognizetheirFifth Article. In the expurgated edition, the most important factor in the real Fifth Article is not only ignored but is entirely missing. It has been stricken from the Article. We do not know who ordered that it be stricken out. We recall with interest that, on September 15, 1787, at Philadelphia, Gerry, always a consistent Tory in mental attitude, moved that it be stricken out of the Article. We recall that his motion was defeated by a vote of 10 to 1. Nevertheless, when we come to read that Article, as Webb and his colleagues for the new Amendment know it, we find that they must have some other record of the vote on that old September 15, 1787, and of the later votes in the “conventions” of the citizens of America.We find that in the Fifth Article, as Webb and his colleagues know it, there are no words “by conventions in three fourths of” the several states. We realize that this reading ofhisFifth Article and the absence of those important words from it was no mere inadvertence on the part of Webb. Clearly those words are not inhisFifth Article. Only a few moments after his reading of it, on December 17, 1917, he quoted with approval a statement, by some former Senator, that the American people have a “right to be heard in the forum of the state legislatures, wherealonethe question can be decided whether thenationalConstitution shall be amended.”

In view of these facts, we educated citizens of America have no difficulty in grasping the Tory mental attitude of Webb (and his colleaguesforthe new Amendment) that all constitutional protection for our individual freedom may be legally dispensed with at any timeby government, if governments only get together and act jointly, as in the proposal and supposed adoption of the new Amendment entirely by governments. For the edification of Webb and those of his faith in that respect, we would like to inform them that all who believe that the new Amendment has been or can be put in the Constitution by governments, “seem to have lost sight of the people altogether in their reasonings on this subject; and to have viewed” our national and state governments, “not only as mutual rivals and enemies, but as uncontrolled by any common superior in their efforts to usurp the authorities of each other. These gentlemen must be here reminded of their error. They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone, and that it will not depend merely onthe comparative ambition or address of the different governments, whether either, or which of them, will be able to enlarge its sphere of jurisdiction at the expense of the other.” (Fed.No. 46.) It contributes not a little to the importance of the quoted statements that they were written by Madison, who also wrote the real Fifth Article. They are his warning to the then “adversaries of the Constitution.” They serve well as our warning to the present adversaries of our Constitution, who assume and have acted on the assumption that they can ignore its most important factors whenever government desires to exercise or to grant a new power to interfere with our individual freedom, although we have not granted it but have reserved it to ourselves.

We might continue somewhat indefinitely the story of Senate Joint Resolution 17 in the House of Representatives on that December day of its passage therein. We would find, however, what we have already seen of Webb and his colleagues there to be typical of all they have said and all that they knew of basic American law. We cannot leave that House on that day, however, without some comment upon the final eloquent appeal made by Webb at the close of his arduous labor to secure the passage of the Resolution.

To those, who have any knowledge in the matter, it is well known that Christ preached the doctrine of free will and temperance, while Mohammed laid down the law of prohibition. With great curiosity, therefore, we have listened for years and still listen to the ceaseless tirade coming from Christian churches where men style themselves American “Crusaders” and denounce, in no temperate language, all Americans who do not align themselves under the “Crescent” flag of Mohammedand respect his Mohammedan command embodied in the First Section of the Eighteenth Amendment. Our curiosity is not lessened by the fact that their denunciation of those, who flatly deny that the command itself is Christian, is always accompanied with an equally temperate denunciation of those who dare to question their Tory concept that governments in America can constitute new government of men.

We have seen Webb, with a candor only equalled by ignorance, frankly array himself with those who believe the Tory concept, that the legislatures of the state citizens are “the only tribunal” in which thenationalpart of the Constitution of the American citizens can be changed. To his credit, therefore, we find it a matter of record that, with equal candor, he frankly arrays himself under the “Crescent” flag of Mohammed and eloquently appeals to all other devotees “of the great Mohammed” in support of the Mohammedan and un-Christian precept embodied in the Eighteenth Amendment. That full justice may be done his eloquence and his candor, these are his own words on his immortal December 17, 1917: “During one of the great battles fought by Mohammed, the flag was shot from the ramparts. A daring and devoted soldier immediately seized it with his right hand and held it back on the rampart. Immediately his right arm was shot off, but, never faltering, he seized the flag with his left hand and that, too, was instantly shot away whereupon with his bleeding stubs he held the emblem in its place until victory came.

“With a zeal and a determination akin to that which animatedthisdevotee of the great Mahomet, let us wage a ceaseless battle and never sheathe our swords until our constitutional amendment is firmly adoptedand the white banner of real effective prohibition proudly floats over every courthouse and city hall throughout this, the greatest nation upon earth.” (Congressional Record, Vol. 56, p. 469.)

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