The National tribune., 1904-06-16
NO "NATIONAL HOLIDAYS
History of Legislation on the Subject
Congress Has No Power to Legisiate
Within the States.

Over and over again it has been stated
Memorial Day is National" holiday
Then you see it stated that Fourth of
July is National" holiday. That Thanks
giving and Christmas are National holi-
days. As matter of fact. the United
States is the most poverty-stricken Nation
in the world when it comes to National
holidays, for We have "not-a-one."
Furthermore, it is not probable that we
ever shall have National holiday which
is so declared by the law of the land, as,
under our Constitution, it would take a
two-thirds vote of all the States and an
amendment to the Constitution to secure it.
Why?
Because Congress has not the power to
legislate holidays for the States, any more
than it has right to go into State and
say to it that it shall make law against
cows running at large, or debating how or
when city elections shall be held.
Congress has at various times appointed
special holidays for the District of Column
bla, and it can do SO for the Territories
ii it desires, but not in sovereign State
can it take this kind of liberty States
are mighty jealous of their rights and they
would resent any interference with those
rights.
There is popular falIacy that Con-
gress, through bill presented in 1885 by
tional holiday. but such is not the case.
Even the Fourth of July is not Nation
al holiday. 1t has been made legal hOli-
day in all the States of the Union, but not
by Congress. 1t comes the nearest to be-
ing National holiday. Thanksgiving Day,
The President issues his proclamation and
requests that it be observed as a day of
fasting and prayer, and the Governors of
States, without exception. follow with their
own proclamations. SO that the day has
National significance as a holiday, yet it
is not National legal holiday. Some of
the states have made 1t a legal holiday.
Christmas is also one of the popular holi-
days legally recognized by all the States.
Congress has on few occasions taken
enough interest in the making of HOLIDAYS
to legislate for Government employees. but
that is as far as it has ever gone, that is
as far as it can go. outside of the Terri
first legislation that Congress ever passed
concerning holidays was approved JAN 81.
1879. 1t declared that the following days
would be legal holidays in the District of
Columbia: The first day of January, COM
monty known as New Years Day; the
Fourth day of July; the 25th day of De-
cember, Christmas; and any day appointed
by the President as day of public fast
or feasting. In their order, Congress then
legislated the following legal HOLIDAYS in
the District of Columbia: Inauguration
Day; Day; June, 1888 Memorial Day. Aug. 1,
On Jan. 6, 1885, Congress extended those
holidays to all Government employees
throughout the country, and paid them their
per diem.
Feb. %, 1887. the first special lepisla.
ton was had for Memorial Day. The spe-
cific act was as follows
Resolved. ETC., That all per diem en-
Of thn
Washington or elsewhere i'm the United
States, shall be allowed the day of each
year which is celebrated as Memorial
Day or Decoration Day. and the Fourth
OF July of each year as holidays, and shall
receive the same pay as on other days"
Coupled with the statement that Memo
rial Day is a National holiday will often
be found the name of Gen. John A. Logan
as the father of the act. This is also
mistake. Gen. Logan was the founder of
Memorial Day. and while Commander-in-
Chief of the Grand Army of the Republic
issued the order of May 5. 1863. establish
ing May 80 as the National Sabbath of
iatriotlsm; al but he did not introduce the
Dill which gave Government employees Me-
mortal na Day: Gen. Logan died Dec 26.
Feb. 23. 1887. go
The Memorial Day order is as follows.
Headquarters Grand Army of the Republic.
washington, d. c., May 5, 1868.
General Orders No. IL.
l. The 3oth day of May, 1868. is desig-
mated for the purpose Of strewing with
flowers. or otherwise decorating the graves
OF comrades who died in defense of their
country during the late rebellion. and
whose bodies now lie in almost every city.
village and hamlet churchyard i'm the land.
In this observance no form of ceremony is
prescribed, but Posts and comrades will in
their own way arrange such fitting serv-
ices and testimonials of respect as circum-
stances may permit.
We are organized, comrades. as our Ragu-
latlons tell us, for the purpose, among
other things. ''of preserving and strength.
ening those kind and fraternal feelings
which have bound together the soldiers.
sailors and marines who united to sup
more to assure this result than by cherish
ing tenderly the memory of our heroic
dead, who made their breasts a barricade
between our country and its foes? Their
soldier lives were the reveille of freedom
to a race in chains, and their deaths the
tattoo of rebellious tyranny in arms. We
should guard their graves with sacred
vigilance. All that the consecrated wealth
and taste of the Nation can add to their
ad0rnment and security is but fitting
tribute to the memory of her slain defend
ers. Let no wanton foot tread rudely on
such hallOwed grounds. Let pleasant paths
invite the coming and going of reverent
visitors and fond mourners. Let no van
dalism of avarice or neglect, no ravages
of time, testify to the present or to the
coming generations that we have forgot
ten as a people the cost of free and un-
divided Republic.
If other eyes grow dull and other hands
slack, and other hearts cold in the solemn
trust. ours shall keep it we'll as long as
the light and warmth of life remain to u.s.
Let us, then. at the time appointed. gath
er around their sacred remains and gar
land the passionless mounds above them
with the choicest flowers of Springtime
let us raise above them the dear old flag
they saved from dishonor; let tls in this
solemn presence renew our pledges to aid
and assist those whom they have left among
us, a sacred charge upon Nations graft
tude-the soldiers and sailors widow and
orphan.
II. 1t is tEo purpose Of the Commander
In Chief to inaugurate this observance with
the hope that it will be kept up from year
to year. while survivor of the war remains
to honor the memory of his departed COM
rades. He earnestly desires the public
press to call attention to this Order and
lend its friendly aid in bringing it to the
notice of comrades in all parts of the
country in time for simultaneous COM
pliance Herewith.
III. Department Commanders will use