An Early Conservationist

Posted by jns on 7 September 2009

This is Congressman John Fletcher Lacey (1841 – 1913).^* Mr. Lacey came to my attention while I was writing a short article on the introduction of starlings to North America (“Starlings Arrive in North America“), of all things. Just how his name came up should become clear shortly.

Here is my abridged version of his official biography (Biographical Directory of the United States Congress):

Representative from Iowa; born in New Martinsville, Va. (now West Virginia), May 30, 1841; moved to Iowa in 1855 with his parents, who settled in Oskaloosa; attended the common schools and pursued classical studies; engaged in agricultural pursuits; learned the trades of bricklaying and plastering; enlisted in Company H, Third Regiment, Iowa Volunteer Infantry, in May 1861[; ...] studied law; was admitted to the bar in 1865 and commenced practice in Oskaloosa, Iowa; [...] elected as a Republican to the Fifty-first Congress (March 4, 1889-March 3, 1891); unsuccessful candidate for reelection; elected to the Fifty-third and to the six succeeding Congresses (March 4, 1893-March 3, 1907); chairman, Committee on Public Lands (Fifty-fourth through Fifty-ninth Congresses); was an unsuccessful candidate for reelection; resumed the practice of law; died in Oskaloosa, Iowa, September 29, 1913….

These days we’d find it exceedingly odd to find the name of someone associated with the Republican party to be a leading conservationist, but times have changed and Lacey is remembered for two important legislative innovations in conservation: “The Lacey Act of 1900″, and “The Antiquities Act of 1906″.

“The Lacey Act of 1900“, sponsored by the congressman, was “the first Federal law protecting game, prohibiting the interstate shipment of illegally taken wildlife, as well as the importation of injurious species. Enforcement of this Act became the responsibility of the Division of Biological Survey, U.S. Department of Agriculture.” (source) The ban on the importation of “injurious species” was the connection with starlings and their introduction to North America, although the legislation came 10 years too late to halt that process.

A curious article from the Thoreau Institute (“State Fish & Wildlife Agencies“) gives some background to the Lacey Act:

A legal tradition dating back thousands of years governed wildlife by a “rule of capture”–meaning that they are owned by no one unless killed or captured. Under U.S. common law, wildlife are owned by the people, and the states, rather than federal or local governments, have jurisdiction over their use.

Therefore, regulation of “market hunting” was up to the states. Some few did regulate the practice in the late 1800s, but most did not. This resulted in the common evasive practice of animals being killed illegally in one state and transported into another, where killing them was legal, for sale.

Efforts to ban or regulate commercial hunting accelerated in 1887 when Theodore Roosevelt and George Bird Grinnell started the Boone and Crockett Club, which soon became the most powerful conservation organization in the country. The club is not as well known today, partly because it restricts its membership to 100 people, but those 100 people tend to be highly influential.

Bans on commercial hunting were difficult to enforce when hunters could take their wares across state lines. In 1900, Boone and Crockett Club member and Iowa Congressman John Lacey convinced Congress to pass a federal law prohibiting interstate shipping of wildlife taken in violation of a state game law. This effectively put commercial hunters out of business.

The Lacey Act was signed into law on May 25, 1900 by President William McKinley.

By the time Lacey introduced “The Antiquities Act of 1906“, Congress had already been creating national parks for some 40 years, including Yosemite Valley, Yellowstone National Park, General Grant, Sequoia, Mount Ranier, and Casa Grande and Mesa Verde. (source). It was concern about vandalism and theft of antiquities from the two historic Indian sites that prompted the Antiquities Act. The bill, signed into law by Theodore Roosevelt on June 8, 1906, gave the President authority to restrict the use of particular public land owned by the federal government by using an executive order to designate a “national monument”. The first use of the act: Roosevelt proclaimed Devils Tower National Monument, Wyoming, on September 24, 1906. (source)

While I was researching Congressman Lacey’s contributions I came across one more interesting one worth noting, this having to do with the “Jefferson Bible”. You may recall that this refers to Thomas Jefferson’s highly abridged version of the New Testament in which he cut out all the miraculous and mystical stuff he didn’t care for and kept the better ethical teachings of Jesus, ending up with a slim, svelt 82-page volume. The work has been published on several occasions, notably the Beacon Press, associated with the Unitarian Church.

Here reporter Cathrine Dunn (“Jefferson Bible returns to publication“) takes up the story:

In 1886 Cyrus Adler found the book, which had been passed down through the Jefferson family. He bought the original copy and donated it to the National Museum – now the Smithsonian Institution – where Iowa Congressman John Lacey happened upon it at the turn of the century [i.e., c1900].

It was Lacey who initiated the idea of publishing the book, introducing legislation in Congress that would fund the printing and distribution of the Jefferson Bible to all senators and representatives at the start of their terms.

Lacey saw the book as an important “moral basis for representatives,” said Bellevue University economics professor Judd Patton. “For a good government, we need to have good leaders with moral principles.”

For unknown reasons the Government Printing Office stopped publishing the book in 1957, and its distribution to new congressional members ceased.

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^* Image source: collection National Conservation Training Center, U.S. Fish & Wildlife Service.