From our early history, the free and secret ballot has been the foundation of America. This Congress stands as imposing evidence of that truth. And, if we have needed reminding, Presidents in every generation have repeated that truth.

In a message to the 36th Congress, in 1860, President Buchanan observed that: "The ballot box is the surest arbiter of disputes among freemen."

In a message to the 51st Congress, in 1890, President Benjamin Harrison said: "If any intelligent and loyal company of American citizens were required to catalog the essential conditions of national life, I do not doubt that with absolute unanimity they would begin with 'free and honest elections." "

In a message to the 66th Congress, in 1919, President Wilson said: "The instrument of all reform in America is the ballot."

In a message to the 88th Congress, just 2 years ago, President Kennedy said: "The right to vote in a free American election is the most powerful and precious right in the world-and it must not be denied. on the grounds of race or color. It is a potent key to achieving other rights of citizenship."

And yet, just 3 days ago, it remained necessary for President Johnson, in an eloquent message to this Congress, to say:

"Many of the issues of civil rights are complex and difficult. But about this there can be no argument. Every American citizen must have an equal right to vote. There is no reason which can excuse the denial of that right. There is no duty which weighs more heavily on us than the duty to ensure that right."

The President called on the Congress and on the American people to meet that duty with the fullest power of heart, mind, and law. I appear before you today to support that commitment and tell you in detail why this administration believes the proposed Voting Rights Act of 1965 to be sound, effective and essential.

I. DENIALS OF THE PAST

The promise of a new life for Negro Americans was first expressed in the 13th, 14th, and 15th amendments to the Constitution. The promise of freedom for the slaves was kept; the promises of equal protection and the right to vote without racial discrimination are yet, a century later, still empty.

Soon after the adoption of the Civil War amendments, Congress did indeed enact a number of implementing laws. Promptly after the ratification of the 15th amendment, the Enforcement Act of May 31, 1870, was passed, declaring the right of all citizens to vote without racial discrimination. Under the 1870 law, officials were required to give all citizens the same, equal opportunity to perform any act prerequisite to voting. Violation and interference were made criminal offenses. In 1871, another law was passed to protect Negro voting rights. It made it a crime to prevent anyone from voting by threats or intimidation and established a system of Federal supervisors' of elections.

But these protections were neither adequately enforced, nor of long duration. Attempts to strengthen the legislation, occasioned by rising Negro disenfranchisement in the South, were unsuccessful. Congres

night, will be followed by sessions tomorrow and thereafter, so that as expeditiously as possible witnesses for and against may be heard. We are unable to hold hearings in the afternoon while the House is in session. Despite the fact unanimous consent was asked for, objection was offered by certain persons and therefore we cannot hold hearings while the House is in session.

We cannot allow any longer officials, acting under color of law, to nullify the rights guaranteed by the 15th amendment of the Constitution, namely, that no one shall be denied the right to vote because of race or color-in any election, be it Federal, State, or local.

Nothing this committee can do shall have priority over consideration and approval of this bill.

Mr. McCulloch.

Mr. McCULLOCH. Mr. Chairman, I should like to say a few words. I am pleased that the chairman has called Subcommittee No. 5 of the Judiciary Committee together to hear the voting rights bills which are before the House of Representatives and now before this committee. The chairman has in detail set forth the persons who introduced those bills and who have given considerable time to the drafting thereof.

I should like to say, and make it unmistakably clear, that we shall be for legislation in accordance with the Constitution and effective unto the needs of these times.

I have long felt and have said many times that the untrammeled right of qualified citizens to vote is the very cornerstone of representative government. That right has been denied to many people in this country under color of law, and otherwise, too long. The time has come when such denial must cease, and it shall be our intent to enact legislation in accordance with the Constitution, which will do just that. The CHAIRMAN. Our first witness this morning is the very distinguished Attorney General of the United States. I am pleased to call on Attorney General Nicholas Katzenbach.

Attorney General Katzenbach.

STATEMENT OF THE HONORABLE NICHOLAS deB. KATZENBACH, ATTORNEY GENERAL OF THE UNITED STATES

Mr. KATZENBACH. Thank you, Mr. Chairman. It is a great pleasure to be here in this beautiful hearing room.

The CHAIRMAN. I would also like to recognize your associates for the record.

Mr. KATZENBACH. I am accompanied by Mr. Burke Marshall, the distinguished head of the Civil Rights Division for 4 years. Mr. Doar, his successor, is presently in Montgomery, Ala. And I have on my right Mr. Glickstein, an attorney in the Civil Rights Division.

Mr. Chairman, I have a prepared statement here. I apologize for its length, but I think the importance of this occasion might warrant my reading it substantially in its entirety, if that is agreeable with the Chairman.

The CHAIRMAN. We will be glad to have that in the record. Mr. KATZENBACH. Mr. Chairman and Members of the committee: In our system of government, there is no right more central and no right more precious than the right to vote.

From our early history, the free and secret ballot has been the foundation of America. This Congress stands as imposing evidence of that truth. And, if we have needed reminding, Presidents in every generation have repeated that truth.

In a message to the 36th Congress, in 1860, President Buchanan observed that: "The ballot box is the surest arbiter of disputes among freemen."

In a message to the 51st Congress, in 1890, President Benjamin Harrison said: "If any intelligent and loyal company of American citizens were required to catalog the essential conditions of national life, I do not doubt that with absolute unanimity they would begin with 'free and honest elections.'"

In a message to the 66th Congress, in 1919, President Wilson said: "The instrument of all reform in America is the ballot."

In a message to the 88th Congress, just 2 years ago, President Kennedy said: "The right to vote in a free American election is the most powerful and precious right in the world-and it must not be denied on the grounds of race or color. It is a potent key to achieving other rights of citizenship."

And yet, just 3 days ago, it remained necessary for President Johnson, in an eloquent message to this Congress, to say:

"Many of the issues of civil rights are complex and difficult. But about this there can be no argument. Every American citizen must have an equal right to vote. There is no reason which can excuse the denial of that right. There is no duty which weighs more heavily on us than the duty to ensure that right.”

The President called on the Congress and on the American people to meet that duty with the fullest power of heart, mind, and law. I appear before you today to support that commitment and tell you in detail why this administration believes the proposed Voting Rights Act of 1965 to be sound, effective and essential.

I. DENIALS OF THE PAST

The promise of a new life for Negro Americans was first expressed in the 13th, 14th, and 15th amendments to the Constitution. The promise of freedom for the slaves was kept; the promises of equal protection and the right to vote without racial discrimination are yet, a century later, still empty.

Soon after the adoption of the Civil War amendments, Congress did indeed enact a number of implementing laws. Promptly after the ratification of the 15th amendment, the Enforcement Act of May 31, 1870, was passed, declaring the right of all citizens to vote without racial discrimination. Under the 1870 law, officials were required to give all citizens the same, equal opportunity to perform any act prerequisite to voting. Violation and interference were made criminal offenses. In 1871, another law was passed to protect Negro voting rights. It made it a crime to prevent anyone from voting by threats or intimidation and established a system of Federal supervisors' of elections.

But these protections were neither adequately enforced, nor of long duration. Attempts to strengthen the legislation, occasioned by rising Negro disenfranchisement in the South, were unsuccessful. Congres

sional debates reflect the fear of disturbing the status quo of white supremacy. In 1894, most of the legislation dealing with the right to vote was repealed.

Meanwhile, some States had been busy enacting legislation to disenfranchise the Negro. They adopted a variety of devices, with no effort to disguise their real purpose disenfranchisement of the Negro. Whites unable to meet the new requirements were protected by the so-called "grandfather clause"-which could not possibly have applied to a Negro newly freed from slavery.

The Supreme Court struck down the grandfather clause in 1915, but discrimination and disenfranchisement continued. The Negro's theoretical right to vote was successfully thwarted by intimidation and fear of reprisal. The white primary long served to disenfranchise Negroes, until declared unconstitutional in 1944. During this long period America almost forgot, and certainly ignored, its commitment to voting equality.

Beginning with President Truman's 1948 recommendation to Congress, based on the report of his Committee on Civil Rights, bills to protect the right to vote were introduced in successive Congresses. Still, action did not come until the Civil Rights Act of 1957. That act authorizes the Attorney General to bring suits to correct discrimination in State and Federal elections, as well as intimidation of potential voters.

The Civil Rights Act of 1960 sought to make such law suits easier. It amended the 1957 Act to permit the Attorney General to inspect registration records and to permit Negroes rejected by State registration officials to apply to a Federal court or a voting referee.

The Civil Rights Act of 1964 sought to make voting rights suits faster. It amended the 1960 act to expedite cases, to facilitate proof of discrimination, and to require nondiscriminatory standards.

What has been the effect of these statutes? It is easy to measure. In Alabama, the number of Negroes registered to vote has increased by 5.2 percent between 1958 and 1964-to a total of 19.4 percent of those eligible by age and residence. This compares with 69.2 percent of the eligible whites.

In Mississippi, the number of Negroes registered to vote has increased at an even slower rate. In 1954, about 4.4 percent of the eligible Negroes were registered; today, we estimate the figure at about 6.4 percent. I mean eligible by age and residence within the State. Meanwhile, in areas for which we have statistics, the comparable figure for whites is that 80.5 percent of those eligible are registered.

And in Louisiana, Negro registration has not increased at all, or if at all, imperceptibly. In 1956, 31.7 percent of the eligible Negroes were registered. As of January 1, 1965, the figure was 31.8 percent. The white percentage, meanwhile is 80.2 percent-and I should add, Mr. Chairman, that registration in Louisiana is almost entirely in the southern district of the State and in the predominantly Catholic parishes.

The lesson is plain. The three present statutes have had only minimal effect. They have been too slow.

Thus, we have come to Congress three times in the past 8 years to ask for legislation to fulfill the promise our country made in the 15th amendment 95 years ago, the promise of the ballot.

Three times since 1956, the Congress has responded. Three times, it has adopted the alternative of litigation, of seeking solutions in our judicial system. But three times since 1956, we have seen that alternative tarnished by evasion, obstruction, delay, and disrespect. The alternative, in short, has already been tried and found wanting. "The time of justice," the President said on Monday "has now come."

II. DENIALS OF THE PRESENT

The discouraging figures I have cited do not represent lack of will by any administration in administering the voting rights laws. These laws have been administered by four Attorneys General serving under three Presidents and representing both parties.

Nor do these figures represent any lack of energy, ability, or dedication by the lawyers of the Civil Rights Division of the Department of Justice. I believe I have never, whether in government, in private practice, or in the academic world, seen any attorneys work so hard, so well and, often, under such difficult circumstances.

What these Negro voting figures do represent is the inadequacy of the judicial process to deal effectively and expeditiously with a problem so deep-seated and so complex.

My predecessors have, for a decade, given this committee example after example of how the registration process has been perverted to test not literacy, not ability, not understanding--but race. Like them, I could, today, give you numerous examples of such perversions.

I could cite numerous examples of the almost incredible amount of time our attorneys must devote to each of the 71 voting rights cases filed under the Civil Rights Acts of 1957, 1960, and 1964. It has become routine to spend as much as 6,000 man-hours only in analyzing the voting records in a single county-to say nothing of preparation for trial and the almost inevitable appeal.

I could cite numerous examples of how delay and evasion have made it necessary for us to gage judicial relief not in terms of months, but in terms of years. For the fact is that those who are determined to resist are able, even after apparent defeat in the courts, to devise whole new methods of discrimination. And often that means beginning the whole weary process all over again.

In short, I could cite example after example, but let me, at random, pick just one: Selma, Ala.

III. THE RIGHT TO VOTE IN DALLAS COUNTY, ALA.

The history of Negro voting rights in Dallas County, Ala., of which Selma is the seat, could-until February 4-be told in three words: "intimidation," "discouragement," and "delay."

There has been blatant discrimination against Negroes seeking to vote in Dallas County at least since 1952. How blatant is evident from simple statistics.

In 1961, Dallas County had a voting age population of 29,515, of whom 14,400 were white persons and 15,115 were Negroes. The number of whites registered to vote totaled 9,195-64 percent. The number of Negroes totaled 156-1.03 percent of the total.

Between 1954 and 1961, the number of Negroes registered had mushroomed; exactly 18 were registered in those 7 years.