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Yellowstone National Park Congressional History

First and Second Purposal of Senate Bill S. 392

410             THE JOURNAL OF THE HOUSE OF REPRESENTATIVES.             [Feb. 27, 1872.
     The bill of the Senate (S. 392) to set apart a certain tract of land lying near the head-waters of the Yellowstone River as a public park, was read a first and second time.
     After debate,
     Mr. Scofield moved the previous question; which was seconded and the main question ordered, and under the operation thereof the bill was ordered to be read a third time.
     The question was then put, Shall the bill pass?
               Not voting............60
     And it was decided in the affirmative,
     The yeas and nays being desired by one-fifth of the members present,
          Those who voted in the affirmative are--
Mr. Oakes Ames
Stevenson Archer
John T. Averril
Nathaniel P. Banks
J. Allen Barber
Henry W. Barry
John Beatty
John L. Beveridge
John S. Bigby
Benjamin T. Biggs
John A. Bingham
Austin Blair
Thomas Boles
George M. Brooks
Charles W. Buckley
James Buftinton
Horatio C. Burchard
Samuel S. Burdett
Roderick R. Butler
William T. Clark
Clinton L. Cobb
John Coburn
Omar D. Conger
Aylett R. Cotton
Samuel S. Cox
John M. Crebs
Alvah Crocker
Chester B. Darrall
Henry L. Dawes
Mr. Oliver J. Dickey
William G. Donnan
R. Holland Daell
Mark H. Dunnell
Benjamin T. Eames
John F. Farnsworth
Charles B. Farwell
Wilder D. Foster
William T. Frye
James A. Garfield
Eugene Hale
Samuel Hambleton
Alfred C. Harmer
George E. Harris
Harrison E. Havens
John B. Hawley
Charles Hays
Gerry W. Hazelton
John W. Hazelton
Frank Hereford
John Hill
George F. Hoar
Samuel Hooper
Sherman O. Houghton
William D. Kelley
Stephen W. Kellogg
Charles W. Kendall
John H. Ketcham
William H. Lamport
Mr. James M. Leach
Horace Maynard
George W. McCrary
James C. McGrew
Henry D. McHenry
Ebenezer McJunkin
T. W. McNeely
Ulysses Mercur
Clinton L. Merriam
Alexander Mitchell
James Monroe
Leonard Myers
James S. Negley
Jackson Orr
Jasper Packard
John B. Packer
Frank W. Palmer
Erasmus D. Peck
James M. Pendleton
Aaron F. Perry
John A. Peters
Clarkson N. Potter
Ellis H. Roberts
Jeremiah M. Rusk
Aaron A. Sargent
Philetus Sawyer
Glenni W. Scofield
John E. Seeley
Walter L. Sessions
Mr. Lionel A. Sheldon
Samuel Shellabarger
Henry Sherwood
Lazarus D. Shoemaker
Joseph H. Sloss
H. Boardman Smith
John A. Smith
Henry Snapp
Oliver P. Snyder
William P. Sprague
Bradford N. Stevens
Job E. Stevenson
William L. Stoughton
Thomas Swann
Washing'n Townsend
Bejnamin S. Turner
Joseph H. Tuthill
Ginery Twichell
William H. Upson
Seth Wakeman
Henry Waldron
Alexander S. Wallace
William A. Wheeler
Charles W. Willard
Wm. Williams, N. Y.
Jeremiah M. Wilson
John T. Wilson
Fernando Wood.
     Those who voted in the negative are--
Mr. Ephriam L. Acker
William E. Arthur
William H. Barnum
James B. Beck
John T. Bird
Elliott M. Braxton
Robert P. Caldwell
John M. Coghlan
Abram Comingo
John C. Conner
John Critcher
Edward Crossland
Dudley M. DuBose
Richard T. W. Duke
Charles A. Eldridge
G. A. Finkelnburg
Samuel C. Forker
Mr. Henry D. Foster
Abraham E. Garrett
J. Lawrence Getz
Edward I. Golladay
Samuel Griffith
Richard J. Haldeman
William A. Handley
James M. Hanks
John T. Harris
John B. Hav
William S. Herndon
Ellery A. Hibbard
William S. Holman
Michael C. Kerr
John W. Killinger
Joseph H. Lewis
Mr. David P. Lowe
Mahlon D. Manson
William McClelland
Jamer R. McCormick
A. T. McIntyre
Benjamin F. Meyers
George W. Morgan
William E. Niblack
Eli Perry
William P. Price
Elizur H. Prindle
Joseph H. Rainey
William B. Read
Edward Y. Rice
John M. Rice
William R. Roberts
Mr. John P. C. Shanks
James H. Slater
Henry W. Slocum
R. Milton Speer
Thomas J. Speer
H. H. Starkweather
Julius L. Strong
John Taffe
William Terry
James N. Tyner
P. Van Trump
Daniel W. Voorhees
Alfred M. Waddell
W. C. Whitthorne
Boyd Winchester
Pierce M. B. Young.
     Those not voting are--
Mr. George M. Adams
Jacob A. Ambler
Samuel N. Bell
James G. Blair
John M. Bright
James Brooks
Benjamin F. Butler
Lewis D. Campbell
John M. Carroll
Freeman Clarke
John V. Creely
John J. Davis
Robert C. De Large
Peter M. Dox
Robert B. Elliott
Mr. Smith Ely, jr.
Charles Foster
Milo Goodrich
George A. Halsey
John Hancock
James C. Harper
Andrew King
Thomas Kinsella
Charles N. Lamison
William E. Lansing
John Lynch
Samuel S. Marshall
George C. McKee
John F. McKinney
William M. Merrick
Mr. Jesse H. Moore
Frank Morey
Joseph L. Morphis
Hosea W. Parker
Isaac C. Parker
Legrand W. Perce
James H. Platt, jr.
Luke P. Poland
Charles H. Porter
Samuel J. Randall
John Ritchie
James C. Robinson
John Rogers
Robert B. Roosevelt
Francis E. Shober
Mr. Worthing'n C. Smith
John B. Storm
William H. H. Stowell
Charles St. John
Jabez G. Sutherland
J. Hale Sypher
Charles R. Thomas
Dwight Townsend
William W. Vaughan
Madison M. Walden
Josiah T. Walls
Joseph M. Warren
Erastus Wells
Richard H. Whiteley
Wm. Williams, Ind.
     So the bill was passed.
     Ordered, That the Clerk acquaint the Senate therewith.

Yellowstone Congressional History - Senate Bill S. 392 Read, Debated, Voted on and Passed - February 27, 1872 - Page One

Yellowstone Congressional History - Senate Bill S. 392 Read, Debated, Voted on and Passed - February 27, 1872 - Page Two

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1872.                         THE CONGRESSIONAL GLOBE.                         697
     The VICE PRESIDENT. The bill (S. No. 392) to set apart a certain tract of land lying near the headwaters of the Yellowstone river as a public park, taken up on the motion of the Senator from Kansas, which was reported by the Committee on Public Lands, is now before the Senate as in Committee of the Whole.
     The bill was read. The Committee on Public Lands reported the bill with amendments, which were in section one, line nineteen, to strike out the words "after the passage of this act," and in line twenty, after the words "settle upon," to insert the words "or occupy; " so as to make the bill read:
     Be it enacted &c., That the tract of land in the Territories of Montana and Wyoming lying near the headwaters of the Yellowstone river, and described as follows, to wit: commencing at the junction of Gardiner's river with the Yellowstone river, and running east to the meridian passage ten miles to the eastward of the most eastern point of Yellowstone lake; thence south along said meridian to the parallel of latitude passing ten miles south of the most southern point of Yellowstone lake; thence west along said parallel to the meridian passing fifteen miles west of the most western point of Madison lake; thence north along said meridian to the latitude of the junction of the Yellowstone and Gardiner’s rivers; thence east to the place of beginning, is hereby reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart as a public park of pleasuring-ground for the benefit and enjoyment of the people; and all persons who shall locate, or settle upon or occupy the same, or any part thereof, except as hereinafter provided, shall be considered trespassers, and removed therefrom.
     Sec. 2. That said public park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be, as soon as practicable, to make and publish such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonders within said park, and their retention in their natural condition. The Secretary may in his discretion grant leases for building purposes, for terms not exceeding ten years, of small parcels of ground, at such places in said park as shall require the erection of buildings for the accommodation of visitors; all of the proceeds of said leases, and all other revenues that may be derived from any source connected with said park, to be expended under his direction in the management of the same, and the construction of roads and bridle-paths therein. He shall provide against the wanton destruction of the fish and game found within said park, and against their capture or destruction for the purposes of merchandise or profit. He shall also cause all persons trespassing upon the same after the passage of this act to be removed therefrom, and generally shall be authorized to take all such measures as shall be necessary or proper to fully carry out the objects and purposes of this act.
     The VICE PRESIDENT. These amendments will be regarded as agreed to unless objected to. They are agreed to.
     Mr. ANTHONY. I observe that the destruction of game and fish for gain or profit is forbidden. I move to strike out the
words "for gain or profit," so that there shall be no destruction of game there for any purpose. We do not want sportsmen going over there with their guns.
     Mr. POMEROY. The only object was to prevent the wanton destruction of the fish and game; but we thought parties who encamped there and caught fish for their own use ought not to be restrained from doing so. The bill will allow parties there to shoot game or catch fish for their own subsistence. The provision of the bill is designed to stop the wanton destruction or capture of game or fish for merchandise.
     Mr. ANTHONY. I do not know but that that covers it. What I mean is that this park should not be used for sporting. If people are encamped there, and desire to catch fish and kill game for their own sustenance while they remain there, there can be no objection to that; but I do not think it ought to be used as a preserve for sporting.
     Mr. POMEROY. I agree with the Senator, but I think the bill as drawn protects the game and fish as well as it can be done.
     Mr. ANTHONY. Very well; I am satisfied.
     The VICE PRESIDENT. The Senator does not insist on his amendment?
     Mr. ANTHONY. No, sir.
     Mr. TIPTON. I think if this is to become a public park, a place of great national resort, and we allow the shooting of game or the taking of fish without any restriction at all, the game will soon be utterly destroyed. I think, therefore, there should be a prohibition against their destruction for any purpose, for if the door is once opened I fear there will ultimately be an entire destruction of all the game in that park.
     Mr. POMEROY. It will be entirely under the control of the Secretary of the Interior. He is to make the rules that shall govern the destruction and capture of game. I think in that respect the Secretary of the Interior, whoever he may be, will be as vigilant as we would be.
     The VICE PRESIDENT. Perhaps the Secretary had better report the sentence refered to by Senators as bearing on this question, and then any Senator who desires to amend can move to do so.
     The Chief Clerk read as follows:
     He shall provide against the wanton destruction of the fish and game found within said park, and against their capture or destruction for the purposes of merchandise or profit.
     Mr. EDMUNDS. I hope this bill will pass. I have taken some pains to make myself acquainted with the history of this most interesting region. It is so far elevated above the sea that it cannot be used for private occupation at all, but it is probably one of the most wonderful regions in that space of territory which the globe exhibits anywhere, and therefore we are doing no harm to the material interests of the people in endeavoring to preserve it. I hope the bill will pass unanimously.
     Mr. COLE. I have grave doubts about the propriety of passing this bill. The natural curiosities there cannot be interfered with by anything that man can do. The geysers will remain, no matter where the ownership of the land may be, and I do not know why settlers should be excluded from a tract of land forty miles square, as I understand this to be, in the Rocky mountains or any other place.
I cannot see how the natural curiosities can be interfered with if settlers are allowed to approach them. I suppose there is very little timber on this tract of land, certainly no more than is necessary for the use and convenience of persons going upon it. I do not see the reason or propriety of setting apart a large tract of land of that kind in the Territories of the United States for a public park. There is abundance of public park ground in the Rocky mountains that will never be occupied. It is all one great park, and never can be anything else; large portions of it at all events. There are some places, perhaps this is one, where persons can and would go and settle and improve and cultivate the grounds, if there be ground fit for cultivation.
     Mr. EDMUNDS. Has my friend forgotten that this ground is north of latitude forty, and is over seven thousand feet above the level of the sea? You cannot cultivate that kind of ground.
     Mr. COLE. The Senator is probably mistaken in that. Ground of a greater height than that, has been cultivated and occupied.
     Mr. EDMUNDS. In that latitude?
     Mr. COLE. Yes, sir. But if it cannot be occupied and cultivated, why should we make a public park of it? If it cannot be occupied by man, why protect it from occupation? I see no reason in that. If nature has excluded men from its occupation, why set it apart and exclude persons from it? If there is any sound reason for the passage of the bill, of course I would not oppose it; but really I do not see any myself.
     Mr. TRUMBULL. I think our experience with the wonderful natural curiosity, if I may so call it, in the Senator's own State, should admonish us of the propriety of passing such a bill as this. There is the wonderful Yosemite valley, which one or two persons are now claiming by virtue of a preemption. Here is a region of country away up in the Rocky mountains, where there are the most wonderful geysers on the face of the earth; a country that is not likely ever to be inhabited for the purposes of agriculture; but it is possible that some person may go there and plant himself right across the only path that leads to these wonders, and charge every man that passes along between the gorges of these mountains a fee of a dollar or five dollars. He may place an obstruction there, and toll may be gathered from every person who goes to see these wonders of creation. Now this tract of land is uninhabited; nobody lives there; it was never trod by civilized man until within a short period. Perhaps a year or two ago was the first time that this country was ever explored by anybody. It is now proposed, while it is in this condition, to reserve it from sale and occupation in this way. I think it is a very proper bill to pass, and now is the time to enact it. We did set apart the region of country on which the mammoth trees grow in California, and the Yosemite valley also we have undertaken to reserve, but there is a dispute about it. Now, before there is any dispute as to this wonderful country, I hope we shall except it from the general disposition of the public lands, and reserve it to the Government. At some future time, if we desire to do so, we can repeal this law if it is in anybody's way; but now I think it a very appropriate bill to pass.
     The bill was reported to the Senate as amended; and the amendments were concurred in. The bill was ordered to be engrossed for a third reading, read the third time, and passed.

Yellowstone Congressional History - Senate Bill S. 392 Read, Debated, Voted on and Passed - February 27, 1872 - Page One

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Yellowstone Congressional History Pages
Letter on Capt Reynolds Exploration Public Lands Report on H. R. 764
Maj Reynolds report on 1859-60 Exploration House Vote on S. 392
Printing of Gen Reynolds Exploration S. 392 Truly Enrolled and Signed by the Speaker
Lt Doane's 1870 Expedition Report S. 392 Duly Enrolled, Signed by Vice President
Printing of Lt Doane's 1870 Expedition Report S. 392 Presented to President for Signature
Extra Printing of Lt Doane's 1870 Expedition Report Report of President Signing S. 392
H. R. 764 Presented by Mr. Clagett S. 392 the Signed Bill
House of Representatives Bill 764 Notification of Senate S. 392 Approved & Signed
S. 392 by Mr. Pomeroy Index of Senate Bills 1872
Senate Bill 392 Reconnaissance Report of Yellowstone River 1871
Public Lands Report with Amendments on S. 392 Secretary of Interior Amendment Recommendation
S. 392 Pass and Concurrence of House Requested Superintendent's 1872 Report
S. 392 Passed, ask for Concurrence of House S. 581 Amendment to S. 392
Public Lands Report on S. 392 H. R. 2781 Amendment to S. 392

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