"The American Legion believes that the real vitality of our country lies in decentralization of the powers of Government. We have an abiding faith in private enterprise and local initiative. We are convinced of the necessity to allow each community to decide its own educational policies and programs." Throughout these bills there is specific authority in many instances for the Attorney General to bring suits, even upon the mere written complain of an individual, in the name of the United States. The danger of this is that it strikes at the heart of the American jury system. It is analogous to the unwarranted grant of authority to use injunctive processes similarly found throughout these bills. Ordinarily, in the case of contempt, a defendant is entitled to trial by jury which shall conform as near as may be to the practice in other criminal cases, but a vital distinction is made in cases which are brought or prosecuted in the name of, or on behalf of, the United States. A defendant cited for contempt is then not afforded the right to demand a trial by jury.

Section 603 of S. 810 is typical. It provides:

"The Attorney General has authority, upon receipt of a signed complaint, to institute for or in the name of the United States a civil action or other proceeding for preventive relief-against any individual or individuals."

The devious means are therefore adopted to permit actions to be brought ex parte and a defendant cited for contempt would not be, as in the usual case, entitled to trial by a jury.

If this legislation is appropriate for enforcing the rights of individuals, it is difficult to see where it is to stop. Why may not Congress with equal show of authority, enact a code of laws for the enforcement and vindication of all rights of life, liberty, and property? There is no justification for iniquitous legislation of this sort which cuts through fundamental liberties and rights and places the United States in the position of being a parent-guardian for everyone who claims his rights have been adversely affected.

The President's proposal for the creation of another FEPC to supervise those who contract with the Government and tell them who they shall and shall not hire again demonstrates disregard for fundamental constitutional rights. The objections made to the FEPC and similar enactments, may as well be directed here. This legislation is abhorrent to our way of life and should not be adopted. We have made wonderful strides in South Carolina. Our economy is advancing. There is no friction or discord among the races. There are no complaints that anyone's constitutional rights are being, or have been infringed. We desire to pursue our lives peacefully and harmoniously and we intend to do so. The adoption of these measures will serve only to be a disrupting and discordant force. They offend the Constitution and the sensibilities of Americans who be lieve that the people can best engage in the constitutional objective of the pursuit of happiness unhampered by Federal intrusion such as will be brought about by these measures.

Senator JOHNSTON. Mr. Chairman, I have discussed with all the gentlemen from South Carolina, and in order to preserve time and to get the topic before this committee, all are perfectly satisfied to submit their statements for the record.

Senator HENNINGS. Very well.

(The prepared statements follow :)

STATEMENT OF MARION GRESSETTE AND ROBERT E. MCNAIR, CHAIRMEN OF THE JUDICIARY COMMITTEES OF SOUTH CAROLINA STATE SENATE AND HOUSE OF REPRESENTATIVES, RESPECTIVELY, AND THOMAS H. POPE, CHAIRMAN OF THE SOUTH CAROLINA STATE DEMOCRATIC EXECUTIVE COMMITTEE

Mr. Chairman and gentlemen, we appear here primarily as citizens of the United States, for the preservation of the Republic is a cause that should be uppermost in the minds of all of us. And as advocates of the preservation of the rights and powers of the States, we believe we serve that cause above all others.

This Nation was founded upon a covenant among 13 sovereign States which banded themselves together to provide for the common defense and to advance the common welfare. To do this, they conferred certain powers upon the Central Government, mainly to present a united front against the enemy from without and regulate such internal matters as interstate commerce.

But they specifically reserved unto themselves all other powers. They took definite steps to guard against the development of a despotic Federal Government. In clear and unmistakable language, they said that all powers not delegated to the Federal Government were reserved to the States and ultimately to the people. The constitution of our State contains a similar clause, saying, in so many words, that the people have the power at any time to change the form of their government.

And as lifelong residents of the State of South Carolina and as present and former members of its general assembly, we know they can do it, for we have seen it done many times. The people of South Carolina are a proud people and they take their government seriously. They have amended their constitution many times.

Furthermore, no citizen of South Carolina is denied the ballot by reason of race, color, religion, or national origin. Some years ago, our State, by action of the general assembly and by overwhelming vote of the people removed from the constitution the so-called poll tax requirement for voting. Anyone who meets the reasonable minimum requirements as set forth in the constitution is allowed to vote and we are proud to say that most of our citizens vote their consciences rather than the dictates of some pressure group.

It is claimed by the advocates of the so-called civil rights legislation that their main purpose is to insure to all people the right to vote. Our State already has insured that right, and it is protecting it in a most zealous manner. So is every other State of the Union. So wherein lies the need for the bills under consideration here today?

The obvious answer is that they are not needed.

Our State has on its statute books ample laws for the protection of the rights of all of its people. Anyone who intimidates, threatens or interferes with the rights of another is subject to severe penalties.

Our State has all but outlawed clandestine organizations formed for the purpose of intimidating others or committing violence against anyone. And there are in our penitentiary persons who have been convicted by South Carolina juries in State courts of violating these statutes. It is our purpose to prevent extremism and violence of all sorts, from whatever motive they may stem.

And the peace and good order among our people, the absence of violent agitation and disturbance is evidence enough that it is working.

Let's face the bald facts about the proposed legislation. Its sole purpose is to advance the political careers of those who have become subservient to a coalition of minorities by seeking to further the cause of integration of the races. It is that, and nothing more.

We in South Carolina, and in other States similarly situated, are doing all in our power to advance the best interests of both races. And we know from generations of practical experience that, now and in the foreseeable future, that cause can best be served on a basis of equal opportunity provided within a framework of segregation. We do not have interracial gang wars in our State, and we do not intend to have them. We are taking positive steps to prevent them by giving all of our people something better than an incentive for social strife in the pursuit of a false goal.

We are submitting as part of our testimony two documents taken from the official archives of the government of our State.

The first of these is the sixth interim report of the South Carolina's Special School Committee. This group was created in 1951 to study the possible results of the decisions of the U.S. Supreme Court in the public education cases and to recommend courses of action to meet the problems that were sure to arise. Even a cursory reading of this report should reveal that it is the firm purpose of our State to avoid arousing passions and to allay the fears and racial hatreds which have been caused by actions of the Federal courts and the Congress of the United States. This report shows also that public education has continued to make progress in South Carolina, even while it has been damaged by racial feuds in other areas, most especially in those which are loudest in their demands that the South change its pattern of living.

The second document we offer is a joint resolution unanimously adopted by the General Assembly of South Carolina on March 15, 1956.

That resolution asserts the intention of the State of South Carolina to "exercise all powers reserved to it, to protect its sovereignty and the rights of its people." More than 3 years have passed since that resolution was adopted, but the temper of our people has not changed.

Mark you well, gentlemen, that statement did not originate in 1956, nor is it merely an idea grabbed from abstract thinking in 1959. It goes back to the very beginning of the Republic itself. It is a restatement of the principles enunciated by the men who freed this country from the tyranny of the British Crown, the men who shed their blood and gave of their personal property from 1776 onward.

More to the point, it is a restatement of the fundamentals of the Constitution of the United States as written and adopted by the 13 Original States, among whom our State is proud to this day to have been a leader. The rights and powers of the States to order as they see fit their own internal affairs is the keystone of the foundation of these United States. Destroy that, and you invite anarchy or, even worse, the absolute tyranny of the demagogue who happens to be able to bind together the votes of enough self-seeking minorities to win power. In opposing this legislation, we of the South are not fighting a sectional battle; we espouse the cause of national freedom. The measures under consideration may be aimed at us today, but they will apply to all of the 50 States of the Union.

The enabling legislation admitting the last two States to the Union specifically provided that they shall have the power to regulate their schools without Federal intervention. The laws admitting many other States after the Union was formed contain similar provisions. We, as one of the 13 original States, ask no more than that.

It boils down to this:

This legislation is not sectional in its scope, whatever its intent may be. It will affect every one of the 50 States, and may lead to their destruction. And the citizens of the States whose representatives in the Congress for purely selfish political reasons, are clamoring for its passage will live to see it rise up and haunt them as a real and malevolent Banquo's Ghost.

JOURNAL OF THE SENATE OF THE STATE OF SOUTH CAROLINA

Regular Session Beginning Tuesday, January 13, 1959

*

SIXTH INTERIM REPORT OF SOUTH CAROLINA SCHOOL COMMITTEE

To His Excellency, the Governor and the Honorable Presiding Officers and Members of the General Assembly:

HISTORY OF COMMITTEE

This committee of 15 is still functioning under the authority of Concurrent Resolution No. 371 of 1951, as amended to continue it in indefinite operation. It is composed of 5 senators and 5 representatives appointed by the presiding officers of the house and senate and 5 laymen appointed from the State at large by the Governor. All are serving indefinite terms. The purpose of the committee was to study the conditions which might arise from an adverse decision of the U.S. Supreme Court in the lawsuits attacking segregation of the races in the public schools of South Carolina and other States and to recommend courses of action which would preserve the public schools and improve educational opportunity.

Since the spring of 1954, the committee has been in almost continuous session, meeting periodically at the call of the chairman. For almost 2 years the committee met as often as two and three times a month for as much as 2 days at a time. After the South Carolina plan took shape through the deliberate and wise action of a succession of Governors and general assemblies, the committee did not find it necessary to meet quite as often, but it has continued to meet frequently to canvass developments in other States and to keep a close watch on the entire situation in our State.

From the time it was established in 1951, there have been changes in the membership of the committee. All five of the original lay appointees are still active. The changes have occurred among the senate and house members and have reflected the shifting membership of those two bodies. In every instance, the presiding officers have acted with great care and wisdom in choosing successors to fill such vacancies as have occurred. The result has been that, over

the years, the committee has had the benefit of the thoughts and advice of many dedicated men who have come and gone, while it still has been able to maintain the continuity of thought and policy that comes from having a nucleus of original members.

The committee has followed the policy of hearing every group and individual asking to be heard. It has received and considered literally hundreds of letters and telegrams offering suggestions. It has heard hundreds of individuals and representatives of many groups representing a complete cross section of opinion on the problems involved. It has worked closely with school officials and has held periodic conferences with individual school boards and with representatives of organizations of district officials and teachers.

At all times the committee has maintained close liaison with the presiding officers of the general assembly, the Governor and all other officials who might be concerned with the issues.

In addition, the committee has conferred with officials of other States. Subcommittees have visited other States and have made special studies as directed by the committee as a whole.

ACTIVITIES

More than 2 years ago the committee enlisted the services of an educational consultant, who is one of the foremost academic authorities on educational law in the United States. It also recruited a legal staff composed of six of the ablest members of the South Carolina bar.

All of these men have contributed greatly to the work of the committee. Their services have been placed at the disposal of school boards and other authorities. Members of the legal staff have defended local officials in one lawsuit. They have conducted research on proposed legislation and have made tentative drafts of bills which may be offered at a later date, if and when needed.

The committee and the staff have given due consideration to every proposal submitted and are grateful for the many suggestions that have been received from officials and citizens alike.

In a series of five interim reports, from July 28, 1954, through February 25, 1958, the committee has made suggestions of changes in the laws pertaining to the public schools and has rendered an accounting of its activities. These are a matter of record in the files of the general assembly and the archives of the State.

BASIC POLICY

The committee early established the policy of trying to maintain the public schools and institutions of higher learning at peak efficiency. This required, first, an atmosphere free from racial controversy and, second, a program aimed at developing faciliteis and curricula as rapidly as the resources of the State would permit.

To these ends the policies of the committee have been shaped; its efforts have always been bent toward rendering the utmost assistance to those officials and agencies directly responsible.

In every instance, the committee is proud and grateful to be able to say, the general assembly, the Governor, and the public, have accepted its recommendations. Needed changes in the laws have been made, approved and accepted. Unwise, hasty, and ill-considered proposals have been rejected.

The results are manifest in the status of our schools today. They are operating peacefully and efficiency. Never before in our history have our children enjoyed greater opportunities for the best education they are capable of assimilating. Our people have demonstrated that they are more interested in opportunity and genuine advancement than in a synthetic social revolution which can produce only strife and can result only in retarding the progress of all of our people.

THE FUTURE

The committee is acting on the belief that the citizens of South Carolina will maintain this sensible attitude. Every act of the State has had the purpose of serving the best interests of the individual pupil and of education in general. Repeatedly this committee has stated that it would not recommend any law or course of action that would force Negroes into white schools or whites into Negro schools. Its position was plainly stated in the joint resolution which it helped to draft and which was adopted unanimously by the general assembly

and signed by the Governor under date of February 14, 1956. It has not deviated from that position, nor has the Governor, the general assembly or the State as a whole.

The committee has again conducted one of its periodic surveys of the status of all of our institutions. It finds them in good order, and at present it respectfully recommends that no further action be taken and that no additional legislation be enacted at this time.

If conditions change, or if unexpected developments occur, it will strive to the limit of its ability to be prompt with recommendations to meet them.

Meanwhile, the committee wishes to express its gratitude for the assistance and support of three successive Governors, six successive general assemblies, and the overwhelming majority of the citizens of South Carolina. Respectfully submitted.

COLUMBIA, S.C., March 31, 1959.
Attest:

L. MARION GRESSETTE, Chairman, on part of the Committee.

On motion of Mr. Long, the Senate gave a rising vote of thanks to Mr. Gressette and the South Carolina School Committee.

STATE OF SOUTH CAROLINA

A JOINT RESOLUTION Condemning and protesting the usurpation and encroachment on the reserved powers of the States by the Supreme Court of the United States, calling upon the States and Congress to prevent this and other encroachment by the Central Government, and declaring the intention of South Carolina to exercise all powers reserved to it, to protect its sovereignty and the rights of its people

Passed unanimously by the Senate and House of Representatives of the State of South Carolina at the 2d session of the 91st General Assembly.

STATE OF SOUTH CAROLINA-EXECUTIVE DEPARTMENT-BY THE SECRETARY OF STATE This is to certify the hereto attached printed copy of a joint resolution entitled: "Condemning and protesting the usurpation and encroachment on the reserved powers of the States by the Supreme Court of the United States, calling upon the States and Congress to prevent this and other encroachment by the