Roosevelt, Hon. James, U.S. Representative from the State of Cali- 753 Schmidhauser, Hon. John R., U.S. Representative from the State of 414 Correction for the record submitted by Representative Howard H. 554 Howard University School of Law, Memorandum in Support of 725 Justice, Department of, index to tables... 28 Lassiter v. Northampton County Board of Elections, opinion of the U.S. 480 List of organizations endorsing, statement of.. Louisiana et al., Appellants v. United States, opinion of the U.S. Su- 381 470 National Council of Churches, list of organizations endorsing state- 507 Poll tax, table showing various bills to eliminate.. 390 529 587-590 Terrell County Board of Registrars, Dawson, Ga., letter, March 24, 548 United States, Appellant v. Mississippi et al., opinion of the U.S. 484 THURSDAY, MARCH 18, 1965 HOUSE OF REPRESENTATIVES, The subcommittee met, pursuant to call, in room 2141, Rayburn House Office Building, at 10:05 o'clock a.m., Hon. Emanuel Celler chairman of the subcommittee) presiding. Present: Representatives Celler, Rodino, Rogers of Colorado, Brooks, Kastenmeier, Corman, McCulloch, Cramer, and Mathias. Also present: Representatives Feighan, Willis, Tuck, Ashmore, Gilert. Edwards, Tenzer, Grider, and MacGregor. Staff members present: William R. Foley, general counsel; Benjain L. Zelenko, counsel; William H. Copenhaver, associate counsel; and Allan D. Cors, associate counsel. The CHAIRMAN. The subcommittee will be in order. We are here this morning to consider H.R. 6400, a bill offered by the chairman, and also H.R. 4427, a bill offered by the gentleman from New York, Mr. Gilbert; H.R. 4552, a bill offered by the gentleman from New York, Mr. Lindsay; H.R. 4553, a bill offered by the gentlean from Maryland, Mr. Mathias; H.R. 6086, offered by the gentlean from Minnesota, Mr. MacGregor; H.R. 5409, offered by the geneman from Illinois, Mr. McClory; H.R. 5276, a bill offered by the Entleman from New Jersey, Mr. Cahill. Without objection, the above bills will be included in the record. The text of these and other measures designed to enforce the guartees of the 15th amendment to the Constitution appears at pp. 2-1125.) The CHAIRMAN. The time is here for action. This committee will bill that will guarantee to Negroes the inalienable masider a strong right to vote, and to safeguard that vote as guaranteed by the Con sitution. pensable. Recent events in Alabama, involving murder, savage brutality, and the Nation as make action by this Congress necessary and speedy. Folence by local police, State troopers, and posses have so aroused Freedom to vote must be made meaningful. The legalisms, stratem Negro when he seeks to vote must be smashed and banished. agems, trickery, and coercion that now stand in the path of the SouthSwift enactment of the bipartisan voting bill before us is indisThe climate of public opinion throughout the Nation has so changed solid bill-a bill that would have been inconceivable a year ago. Nonebecause of the Alabama outrages, as to make assured passage of this theless, I assert that even without these tragic events such a bill is ntial because of the denial of the right to vote to a portion of our Any filibuster, any undue delay, any stalling, any dragging of feet ld be inexcusable. This bill must be passed quickly. For that purpose this committee starts hearings today and will continue into the citizens. 1 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. t 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 |