4010 CONGRESSIONAL RECORD- HOUSE March 2 Are you a card-carrying member of the which he subscribed was, "Attack, at CONFIRMATIONS Muslims," a listener asked Clay. tack attack." All this week, the Sena Executive nominations· confirmed by Cassius looked as much amused as be tor from Georgia has not missed a trick. mused. "You wouldn't want me to marry the Senate February 28 (legislative day your daughter, would you? I'm not a Sammy Whenever there .was even a smell of a of February 26), 1964: Davis or a Chubby Checker marrying white civil rights bill, the Senator from Georgia has been on the attack, and tonight he MARITIME ADMINISTRATOR women. · I want to be with my own. You Nicholas Johnson, of Iowa, to be Maritime don't see drinking in Islam. You see the has found it possible to inject into these Administrator, Department of Commerce. women, they wear dresses down to their very serious proceedings a description of ankles. They never done wrong. No jail the antics and tactics and words of one record, no women record, no drinking record." Cassius Clay, who proclaims himself a It was that 'kind of a day for Cassius. It could have been a day when he'd gloat or king and who is, indeed, the boxing HOUSE OF REPRESENTATIVES strut. champion. Certainly, Cassius Clay was Clay sees a lot of things clearly, after his fortunate in selecting the field of athletic MoNDAv, MARCH 2, 1964 own fashion, for a kid of 22. competition he did, because that field is "I'm the heavyweight champion," he said, , open to all; and, thank goodness, he can The House met at 12 o'clock noon. "but right now there are some neighbor be the boxing champion of the world. The Chaplain, Rev. Bernard Braskamp, hoods I can't move into. I know how to There is complete integration in boxing; D.D. offered the following prayer: dodge boobytraps and dogs. I dodge them and Cassius Clay can be the boxing by staying in my own neighborhood. A man Isaiah 41: 13: For the Lord thy Goti don't want you, don't try to force him. champion of all races, creeds, and na tionalities; he can be the boxing cham will say unto thee, Fear not; I will help Stay with your own. Tigers stay with tigers, thee. red ants stay with red ants, Cubans stay pion of the world. On the other hand, if he had selected some other field, he 0 Thou God of all love and mercy, as with Cubans. This fighting and stuff is un we draw nigh unto thee in prayer, may necessary. Why do two Negroes have to go would not then have been able to make 2 miles out of the way to a white school, full use of his great ability. we understand more clearly that, every upsetting the whole school? If there was thing which the world can give and a separate Nation, there's going to be more Mr. RUSSELL. Let me say to the Sen bestow upon us is too small for the soul peace." ator from Minnesota that I am sorry that and its dreams and aspirations. "You treat me right, I treat you right," at this time I must leave; but I thank Grant that our lives may be fragrant Cassius said. "You hit 'me, I hit you bac~. him for his kind words. with the spirit of that more abundant I treat everybody right. I respect every Mr: HUMPHREY. Mr. President, the body. I'm peaceable' by nature. I couldn't life which we know by instinct, by revela Senator from Georgia has thanked me tion, and experience is the only kind of be condemned and punished for not running for my kind words. In turn, I thank the with the mob. They're just educated fools, a life that can satisfy our longings and just running around. I'm not joining no Senator from Georgia for his contri yearnings for peace and joy. forced.integra.tton movement, because 1t don't butions, which we have enjoyed. No We earnestly beseech that Thou wilt , work. A man has got to know where he be- doubt in the weeks ahead we shall have redeem and restore the ~oul of hu- longs." . the benefit of more of them. ·manity and bri~g it into oneness with It's ditftcult to say where Oassius belongs, Mr. President, on that happy note, and Thy holy will and heal it of those inner even so far as the Army's concerned. "l in light of the drama of those events of discords which torment and thwart the had a special case. They sent it to Wash the past and the drama of the events to ington," he said. efforts for spirit of peace on earth and According to rumor the "special case" is occur in the future, I warn Senators that good will among men. a claim of conscientious objections. Clay they should be·present on Monday and on May all who hold positions of leader denied he has already made one on rellgious the following days, because the Senate ship and trust in government and the grounds. However, he does not deny that will be engaging in important debate and affairs of state courageously and faith he may make one. "I'll do whatever they will be doing some voting. fully seek and hold fast the ways of truth think is best for me," he said. Clay did not identify "they." It could be and righteousness. Hear us in Christ's name. Amen. the Muslims. It co\Ud be the syndicate RECESS TO MONDAY, AT 11 A.M. which owns him. It could be the Army. Cassius insists only that he is a man of Mr. HUMPHREY. · Mr. President, with peace. that happy admonition, I move that the THE JO~NAL Senate stand in recess, under the order The Journal of the proceedings of Mr. HUMPHREY. Mr. President, it is previously entered, until Monday, at Thursday, February 27, 1964, was read certainly a pity even to give thought to 11 a.m. . and approved. the making of a motion that the Senate take a recess at this time, after we have The motion was agreed to; and The SPEAKER. Is there objection to 715 of title 38, United States Code, is amended The title was am~nded to read: the present consideration of the bill? by designating the existing section as subsec A bill to amend section 715 of title 38, Mr. CONTE. Mr. Speaker, I ask tion "(a)", adding a new subsection to be des United States Code, to authorize, under cer unanimous consent that this bill be ignated subsection "(b)", to read as follows: · tain conditions, the issuance of total dis "(b) Upon surrender of any total disabil abillty income provisions for inclusion in passed over without prejudice. ity provisions mentioned in subsection (a) The SPEAKER. Is there objection to National Service Life Insurance policies to of this section, and prior to the policyhold provide coverage to age sixty-five. the request of the gentleman from Mas er's sixtieth birthday, the Administrator sachusetts? shall upon application by the insured, proof A motion to reconsider was laid on the There was no objection. of good health, and payment of such extra table. premium as determined by the Administra Mr. SAYLOR. Mr. Speaker, I ask tor to be reasonable and practicable, include unanimous consent to extend my remarks AMEND THE ORGANIC ACT in any national service life insurance policy · on the life of the insured (except a policy at this point in the RECORD. The Clerk called the bill CIRCUMVENTION or THE INTENT AND Jli!QUIRE and their constitutional rights as lawyers Mr. CUNNINGHAM. I understand MENTS or SECTION 3500, TITLI: 18, UNITED in being watched by members of the that to be true. STATES CODE-THE JENCKS ACT FBI and also that certain conversati.ons Mr. LIBONATI. And were there not It is further noted that in recent criminal between FBI agents were registered and affidavits submitted by the lawyers prov prosecutions, suspicions have been raised transmitted to the court? Do I under ing these respective facts which they al that representatives of the Government have purposely sought to evade the application stand those are the charges by counsel? leged were practiced against them in vio of the so-called Jencks statute, by taking Mr. CUNNINGHAM. I believe that is lation of their constitutional rights? statements from witnesses, thereafter de true. Mr. CUNNINGHAM. I understand stroying said statements after later prepar Mr. LIBONATI. And were they inter that to be true. ing summaries of narrations of the original fered with in preparing the defense of Mr. LIBONATI. What did the prose statements, and subsequently at a trial rep the defendants? cution have to say in response to the resenting to the Court that there were no Mr. CUNNINGHAM. I understand such statements obtained and that the nar presentation of this testimony? rations which they later prepared are not that to be true. I would refer you to the Mr. CUNNINGHAM. The Government required by them to be submitted to the affidavit of counsel for Mr. Hoffa, Mr. admits the surveillance of the defend defense in accordance with the prescriptions Harry Berke. .ants. That is detailed in the letter. of the statute. Another favorite . way of Mr. LIBONATI. Is that the allegation There are supporting documents in which working the requirements of section 3500, that was contended in the affidavits the defendants point out what the prose title ta; United States Code, is by allegedly presented by the lawyers to the court, cution had done. taking "cryptic notes" of witnesses' state that is, that they were interfered with ments, which notes are not available for pro and that they were under surveillance? Mr. LIBONATI. It has been stated duction to the defendants under the Jencks that the Federal judge who presides at Act. ·Obviously the intention of the Jencks Mr. CUNNINGHAM. Very definitely this trial was a very active practicing .I" Act is to supply the defendant with state that is true. The letter which have lawyer, well versed in the law. It is sur ments made by a witness to the Government, asked permission to insert in the RECORD prising that he would not take cognizance for the purpose of cross-examination. will detail that. They were under con The foregoing practices of agents of the stant surveillance; they had shortwave of these violations or at least comment Federala Government are, it is submitted, radio communications among the upon them. an improper circumvention of the basic and Federal agents of the Department of Mr. CUNNINGHAM. It certainly substantial rights of a defendant in a .crimi Justice reporting the exact movements seems strange to me that he did not do nal-' cause, and a violation of the cohstitu that. I understand the judge has agreed tional rights of a defendant to b..; fairly tried, of the defendants, attorneys, staff mem bers and witnesses fn this case. · to he~r evidence on the surVeillance to have the effective assistance of counsel, to and his rights to due process of law and the Mr. LmONATl. The reason why I am charges after the case is submitted the equal protection of the law. interested in this is I introduced a bill jury. I respectfully request that you bring these of the same nature with respect to the ~. LIBONA TI. Would the gentle facts to the attention of the Congress and violation of the constitutional rights of man be in favor of the bill that I have particularly the members of the Ju-diciary Dr. Steven Durovic, the doctor who introduced as a corrective measure to Committee, so that an observer of the Judi penalize persons who violate the con ciary Committee may sit in on the trial and formulated the so-called drug Krebiozen, report back to the committee, with the pos the cancer drug. He was held under stitutional rights of citizens, ·even sible objective of pursuing a full-scale in surveillance and ·was abused and pre though they do so under the color of vestigation of the gestapo tactics of the vented from leaving his office py agents their office and of Federal authority? Department of Justice employed in this case. of the Government. He alleged his con Mr. CUNNINGHAM. Mr. Speaker, I Cordially yours. stitutional rights were violated. That have not read the gentleman's bill but as SIDNEY ZAGRI, bill is now pending in the Committee on he describes it I certainly would. Legislative Counsel, IBT. the Judiciary. There has been a request Mr. LIBONATI. I have never met Mr. Mr. O'KONSKI. Mr. Speaker, will made by the cl}airman of .the committee, Hoffa, but certainly as a defendant he the gentleman yield? the gentleman from New York, Congress should be represented in court and his Mr. CUNNINGHAM. I yield to the man EMANUEL CELLER, for a report, and constitutional rights, interests and pre gentleman from Wisconsin. I think if that bill is enacted into law, rogatives should be protected not only Mr;' O'KONSKI. I wish to commend you will not have this type of violation. by the court and by the prosecution but the gentleman from Nebraska for the Mr. CUNNINGHAM. Mr. Speaker, I the public itself should be interested. courage to call this matter to the atten would respond to the gentleman by say He is one1ndividual. This, however, con tion of this body and the American ing that regardless of the litigants in this cerns all of the citizens of the United people. matter, the tactics that have been em States. It is just that basic. If the trial in Tennessee were that of ployed to intimidate the lawyers and the ·I wish to compliment the gentleman a Communist every bleeding heart for witnesses of the accused are certainly from Nebraska for taking the time and constitutional rights would have been in serious matters and represent a very seri exhibiting the courage to be critical of on the act. Where are these champions ous invasion of constitutional rights. If these practices. of constitutional rights in this case? something is not done about this type of I believe that the Congress must in The gentleman from Nebraska is ab practice, if it is not curtailed, I can see a· the future take into consideration this very dreary day for all Americans so far fact, that the citizens, regardless of solutely right when he says today it is in as the invasion of their personal and con Tenne.ssee-tomorrovi it may be you. whether they are defendants under stitutional rights are concerned. charges or whether they are persons who There seems to be a double standard Mr. LIBONATI. When the court was developing in this Nation on this matter as citizens enjoy the freedoms under apprised of this situation, why·did it not the constitution or from court justice, of constitutional rights. It seems to be take action? Was there not any discus a matter of who you are-not what you must have their rights respected. The sion relative to that? Was there any in fact that a person is given an appoint have done. formation that the gentleman received The House Judiciary Committee pas ment to serve the Federal Government . on that score, perhaps in the letter to does not place him in a preferred class a responsibility in this field to the people which he referred, that was submitted by of the Nation to insure equal adminis to abuse the rights of the citizens. an individual in the other body? I have no one but the finest authority tration of constitutional rights to all Mr. CUNNINGHAM. Yes; I received a not just on the basis of who you are. It who stated at a convention held here letter. The defense did make objections in Washington recently-Mr. Hoover of is incumbent upon this committee to see to the type of kangaroo court proceedings that prosecution does not become per that were carried on in this particular the Federal . Bureau of Investigation secution. instance. in addressing various agents of the dif Mr. LIBONATI. Mr. Speaker, will the Mr. LIBONATI. Was there not some ferent agencies of the Government when gentleman yield? criticism by the lawyers for the defense he stated that only through ignorance Mr. CUNNINGHAM. I yield tq the to the court relative to the court's con would anyone who wprks for the Gov gentleman from Illinois. duct in this trial, on the question of the ernment, whether it be in an investiga Mr. LIBONATI. Do I understand that court's attitude toward the defendant tory capacity or an enforcement capac counsel for the defense bave alleged cer and the lawyers in being critical of them ity, violate the constitutionai rights of tain violations of their personal rights before the jury? citizens. 1961, CONGRESSIONAL RECORD- HOUSE 4027 I certainly feel that in this instance, in which the Department of Justice is ful Survelllance has affected i-ntimidating wit regardless of the identification of the filling its responsibility under existing laws. nesses who might come forward with evidence individuals on· trial, the sacred rights I call your attention only to the highlights for the defense. of constitutional deprivations as well as en Further that one of the purposes for the that are designed to protect men whether closed documentations substantiating the requirement of a public trial is that there is they be defendants or otherwise in a charges stated herein. a reasonable possibillty persons unknown to court of law should be preserved. That Certain events which have occurred in 1the parties or their counsel by having knowledge is the reason why our rules and pro prosecution by the Government of James R. of the facts in issue may be drawn to the cedures have been written so as to defi Hoffa and codefendants in the current trial trial. nitely and positively be assertive of the in the Federal court, Chattanooga, Tenn., What person having knowledge of facts protection of those rights. - raise serious questions as to the adminis that might be helpful to this defendant Mr. Speaker, I ask unanimous con tration of justice in the United States. The would come forward and give information to Department of Justice has a responsibility the accused under the circumstances de sent to revise and extend my remarks and to observe the constitutional rights of the scribed above. to include extraneous matter, including defendants and as an arm of the court is articles and a newspaper clipping rela obliged to protect the defendants' rights to He would know, from the publicity given a fair trial under the due process clause of the surveillance of this case that if he con tive to this question that the gentleman tacted the accused or the accused's counsel, from Nebraska has so ably discussed. ·the fifth amendment and the fair trall guar antees of the sixth amendment of· the Con he would be immediately under the surveil The SPEAKER pro tempore IN THE u.s. Pts'rRICT COURT "FOR THE EASTERN · Government's agents with the likelihood of and denied his right to effective assistance DISTRICT OF -TENNEsSEE; SOUTHERN' PIVI- inquisitorial interrogations by employees of of counsel; but has also been denied his SION-UNITED ·sTATEs oF AMERicA v. JAMEs · the U.S. Government, who are under the ·right to due process of law under the-fifth R. HOFFA, ET AL., CRIMINAL No; 11,989 direction of the Attorney General of the amendment. Any violation of these rights SUPPLEMENTAL MEMORANDUM IN SUPPORT . OF United States who has publicly in both writ by the Federal Government or its agents DEFENDANT HOFFA'S MOTION TO DISMiSS "!'HE ten and oral statements, stated his host111ty completely nullifies this trial and deprives INDICTMENT; OR THE ALTERNATIVE, TO WITH toward this defendant. Would not such this court o! J..ts jurisdiction to continue the DRAW A JUROR AND DECLARE A MISTRIAL knowledge intimidate a witness? trial of this case. (Kuczynski v. U.S., .149 F. Simply stated, the questions presented by It is not the fact that some witnesses may (2d) 478; Noble v. Eicher, 143 F. (2d) 1001: this motion are: have been sllenced who otherwise would Thompson v. King, 107 F. (2d) 307.) 1. May the executive department by ·sur have spoken that is controlling. What is Jurors, witnesses and defense counsel are velllance of the defendants, witnesses, and controlling is that the tendency that such . essential to the existence and the protection defense counsel, deprive the defendant of surve1llance has to silence a person, who of due administr~tion of justice. They are his constitutional right to have witnesses would otherwise speak, that is the basic evil. entitled .to the protection of the court from intrusion by anyone, including the agents of come forward· in his defense as guaranteed II the Government. As to the protection which him under the sixth amendment to the U.S. _The right of an accused to assistance of Constitution? the court will give its instrumentalities, see counsel means effective assistance of coun Sinclair v. U.S., 279 U.S. 749. 2. May the executive department by un sel. It guarantees accused the aid of counsel In Sinclair v. U.S. the Court said: remitting survelllance of the defendant's in consultation, investigation and prepara "There was probably interference with an counsel deprive the defendant of the right to tion for the trial (Krull v. U.S., 240 F. (2d) appendage of the court while in actual opera the effective assistance of counsel as guaran . 122); and grants to the accused the guidance tion, the inevitable tendency was toward teed to him by the sixth -amendment to the of counsel at every stage in the proceedings evil, the destruction, indeed, of trial by jury." Constitution of the United States? for the purpose o! insuring against the Intrusion by Government agents in the 3. May the Attorney General of the United prejudicing and hampering of the accused in relationship between an accused and his at States, and those acting under hts express his defense (Wilfong v. Johnson, '156 F. (2d) torney invalldated a conviction in Caldwell direction, deny to this defendant the funda 507; Neufield v. U.S., 118 F. (2d) 375); and v. U.S., 205 F. (2d) 879. . mental right to a fair trial vouchsafed to him his insured fundamental rights of liberty Here, we do not have probable interfer by the due process clause of the fifth amend (Glasser v. U.S., 315 U.S. 60, 86 L. Ed :680); ence. Here we have actual interference. ment to the Constitution of the United and the right-contemplates that the accused Just as tbe Supreme Court said in Remmer v. States? should have an able lawyer, who has ample United St-ates, 98 L. Ed. 655, where a juror opportunity .to acquaint himself with the had been questioned by an FBI agent: . These questions, cast against the back law and the facts and who is afforded an "The sending of an FBI agent in the midst ground of the cherished bulwarks of freedom opportunity to present them to the court or of a trial to lhvestigate ~juror as to'his con guaranteed to all persons by the Bill of jury in their most favorable light (Willis v. duct, is bound to impress the juror and is Rights, demand a negative answer to all of Hunter, 166 F. (2d) · 723); and that such very apt to do so unduly.· A juror must feel · the questions, as, indeed, has every court so assistance by counsel be an "untrammeled free to exercise his functions without the answered when it had occasion to consider and unimpaired" right. FBI or anyone· else looking over his shoulder. these and _related questions. He has been deprived of the aid of his The integrity of jury proceedtngs must· not As the evidence in support of the motion counsel in investigating the facts; the right be jeopardized by unauthorized invasions." in this case shows, counsel for the defend to unimpeded communication with his coun Neither can counsel conduct the defense ant, Hoffa, has been under almost continuous sel; and the assistance that would come to of an accused-with the FBI looking over his and repeated surveillance from the ·time that the defendant had his attorney not been shoulder, nor is it likely that witnesses will this trial commenced -untll February 8, 1964. prevented by the surveillance of the FBI of come forward, knowing that the FBI are Instead of the free a'nd untrammeled com his freedom o! action in interviewing wit- looking over their shoulders. munication with his cllent and witnesses nesses. Here we have a sltua·tion where witnesses that he should have, he has been subjected m and defense counsel are being subjected to to a type of scrutiny that would remind one Not only has the defendant been deprived extraneous infiuences to which no party in of the way persons have to llve in Russia; of his right to a publlc trial within the a court proceeding should be subjected. ·No and the fear which permeates the lives of the meaning of that guaranty as set forth in the American citizen should be subjected to· trial persons by Hitler and his storm troopers. 5th amendment; and deprived of his right in the jUdicial branch when the executive The right to a publlc trial had real mean to the effective assistance of counsel as branch is actively impeding every constitu ing at common law and that meaning was granted by the same amendment; but he has tional right that a defendant has. translated into a sacred right by reason of been denied the right to a fair trial as as While there i~. of course, independen.ce be the adoption of the sixth amendment to the sured to him by the due process clause of the tween the executive department and the Constitution. 5th amendment. judicial department, nonetheless, whenever At common law, the requirement of publlc The due process clause supplements the and wherever there has been an intrusion trial had as one of its bases, in the day when specific procedural grant in both the sixth upon an individual's rights by the executive communications were primitive, the extra amendment and the other clauses of the department, the Court has uniformly stated assurance that a trial held publlcly would . fifth amendment in protecting persons ac that it protects the citizens from such acts . attract attention and would induce persons cused of a crime. (Crain v. U.S., 162 U.S. 625; (U.S. v. Andolschek, 142 F. (2d) 503; U.S. v. with knowledge of the facts to come forward Hopt v. Utah, 110 U.S. 574) .) Reynolds, 341 U.S. 1.) and give their testimony in aid of either the Substantive due process means a fair trial The relief which the defendant seeks and prosecution or the defendant. This same and an opportunity to prepare and present which threads through - the fabric of the motivating reason pervades our constitu evidence. It is a restraint upon the execu concept of liberty was never more eloquently tional requirements of a publlc trial. tive branch of the Government against ar proclaimed than by Chief Judge Learned Indeed; it has been described as one of the bitrariness and harassment of the citizen by Hand in U.S. v. Coplon, 185 F. (2d) 629, 638: main purposes for the requirement of a pub the executive department. It is designed to "All governments, democracies as well as lic trial that there is a -reasonable possibility protect the citizen .against oppression and autocracies, believe that those they seek to that person,s unknown to parties or their inquisitorial interrogations. punish are guilty; the impediment of con counsel, by having knowledge of the facts Investigating and law enforcement meth stitutional barriers are galltng to all govern may be drawn to the trial. (Tanksley v. ods which offend the sense of justice and ments when they prevent the consummation U.S., 145 F. (2d) 58; and United States violate- that fundamental fairness which is of that just purpose. · But those barriers v. Kob~i, 172 F. (2d) 919.) essential to the very concept of justice vio were devised and are precious because they - Here the COI).stitutional purpose is being. lates the constitutional guarantee of due prevent that purpose and its pursuit from and has been thwarted by the actions of the process of law. (Quinn v. Lane, 231 N.Y.S. passing unchallenged by. the accused, and agents of the Government in keeping the de (2d) 840.) unpurged by the alembic of public scJtUttny fendants, their counsel, and witnesses and To deny anyone the fundamental right to and public criticism. A society which has prospective witnesses under the ·constant eye have witness~s come forward tq assist him or come .to wince at ~uch exposure of the · of the FBI agents. This fa_ct has been made to give information to the defendant is a · methods by which it seeks to impose its will known to the court and has appeared in the violation of the due process clause. ·upon its members, has already lost the feel public press in this district as well as all over Equally, the denial of the right to the ef- of freedom and is on the path towards the country. . fective assistance of counsel is a violation of' absolutism." · What . person, having knowledge of facts the due process claUse of the fifth amend Here we have a fact situation probably that might be . h~lpful to. this defendant ment, (Neufield v. U.S., supra; Gall v. Brady, unparalleled' in judicial ap.nals. This record would come forward and give information to 39 F. Supp. 504, 125 F. (2d) 253.) is replete with statements and writings of the the accused under these circumstances? He In light of the facts disclosed by the evi chief prosecuting officer of the United States would know that if he contacted the ac dence in support of this motion, the defend in which he has tnveighed against this de- cused or the accused's counsel that he would ant not' only has been denied his right to fendant and has unsuccessfully sought to immediately under the survetllance of the have witnesses come forward in his defense, imprison this citizen over a period of 7 years. 4034 CONGRESSIONAL RECORD- HOUSE March 2 This defendant has no redress through equipment dealer, and Donice Bennett, pres they say it was in regard to the conspir the executive department. His only refuge ident of the teamsters local of which Partin acy or the perjury charge. is in th~ Blll of Rights and in the courts. is business manager. Jumonville said, "I've Mr. CUNNINGHAM. I believe this Where the executive department flagrantly never known him to lie.'' to desecrates constitutional rights of an Ame'l'i Dr. Robert William Razor. with the Fed matter which the gentleman from can citizen, that citizen has the right to eral hospital for narcotics addicts in Lexing Ohio refers bears on this entire subject ~ demand that a price be paid by the executive ton, Ky., testified he examined Partin last of constitutional rights. department for its action. That price is the Friday and found "no evidence that he ever I wonder if the gentleman does not enforcement by the courts of a defendant's had used habit-forming narcotics." want to ask permission to insert that constitutional rights and the assurance of Meanwhile, Senator HIRAM FoNG, Republi article as a part of the presentation this those rights by the dismissal of the indict can, of Hawaii, read into the CoNGRESSIONAL afternoon on this subject? ment or granting a mistrial. RECORD a letter from Teamsters headquarters Mr. ABELE. Mr. Speaker, I ask JAMES E. HAGGERTY, Sr., in Washington seeking a Senate inquiry into HAK&Y BERKE, alleged gestapo tactics employed by the Gov unanimous consent to insert an article in Attorneys for Defendant. ernment at the trial. the RECORD at this point. The SPEAKER pro tempore. Is there Mr. CUNNINGHAM. I thank the objection to the request of the gentle [From the Chicago Tribune, Feb. 28, 1964] gentleman from Dlinois. man from Ohio? THREE HOFFA ATTORNEYS REBUKED BY JUDGE I am very hopeful that the allegations There was no objection. CHATTANOOGA, TENN., February 27.-U.S. that have been made in this regard con The matter referred to follows: District Judge Frank Wilson today rebuked cerning this case by Mr. Zagri, legisla CoHN MAIL WATCH EMBARRASSES U:NITJ:D three defense lawyers who accused him of tive counsel for the Teamsters, w111 be STATEs--JUSTICE OFI'ICIALS SAY CASE HAS siding aga,inst them at Jame.s Hdffa's jury BEEN MISHANDLEI>--WRONGDOING Is DENIED tampering trial. studied and considered by the Commit I It was the first time since the trial began tee on the Judiciary.. believe that of WASHINGTON, March I.--Justice Depart- January 20 that Judge Wilson displayed his all the coinmittees in the House this ment officials said today they were surprised temper during repeated exchanges with de committee is the one which should . go and disturbed that an assistant Federal fense at~rneys. · into this matter and see that the con prosecutor in New York had ordered a mail The latest exchange interrupted the Gov stitutional rights of all Americans are watch on Roy M. Cohn and on Mr. Cohn's ernment's rebuttal testimony, completed to protected. lawyer. day. The case is expected to reach the jury The oftlcials said they had known nothing Mr. ABELE. Mr. Speaker, will the about the order and had thought the only early next w~k-the seventh week of the gentleman yield? trial. Plail check was an unrelated one ordered by LINKED Tq BRIBE ' Mr. CUNNINGHAM. I yield to the. the Internal Revenue Service. They evi dently were embarrassed by the episode. Hoffa and five others are charged with try- · gentleman from Ohio. Mr. ABELE. I have listened with in Mr. Cohn, who is under indictment on ing to bribe a N~¥~hville jury which heard ·Federal perjury and conspiracy charges, the tea.mster president's 1962 conspiracy terest to the discussion which has been moved to dismiss the indictment 2 weeks trial. ', held in regard to the violation of the ago on the ground that his mail was being Like most of the other exohanges, this constitutional rights of ·certain individ checked. He produced a copy of a post office one involved Edward Grady Partilt; a Baton uals. I also heard mention o'f the Roy order for a m'a:il watch. Rouge, La., teamster offlcial wl;16 testified Cohn case in which there has· been the Justice Department oftlcials said here at against Hoffa. allegation made that there was ·a mail the time that this was an Internal Revenue Harry Berke, Hoffa's Chattanooga ~awyer matte.r entirely unconnected with their case was cross-examining Victor Bussie, a Baton watch put on his mail. That appeared in today's New York Times. against Mr. Cohn. They strongly denied that Rouge AFL-CIO official called to counteract, . the Justice Department had any check on defense attacks on Partin's character. Bus The deplorable thing about this is his mail. sie was one of three GovE!'l'nment rebuttal that the mail watch was set up on this '~ PRESIDENT INPORMED witnesses who termed Partin's reputation mail and also on his attorney's mail. "good." This same information-denying any 'Jus When questioned about it 2 weeks ago, tice Department mail check on Mr. Cohn When Berke asked if he was "aware that Department of Justicec ofticials denied Partin was under investigation for smuggling was given to President Johnson last week as arms to Cuba," Judge Wilson glared. He had that the watch was for the perjury case part of the briefing material for his press warned the defense previously to aV'Oid the that was being heard. They said it was conference yesterday. It was given on the. question. · done by direction of the Internal Reve- chance that the President might be asked nue Service. , about the Cohn matter. He was not, Jerking off his glasses, he leaned forward Then, yesterday, it was disclosed that the and, shaking a finger at Berke, snapped: Then, on Saturday· at another hear mail of Mr. Cohn and his lawyer, Thomas A. "Mr. Berke, there 1s no basis in the record ing in the same case, it was admitted Bolan, had been watched in connection with for that. You have wilfully diS(['egarded the that the mail was watched in· regar.d to court's instructions. When I give counsel the perjury-conspiracy case. . instructions, I expeqt them to be obeyed," this particular case. This disclosure caine 'at a hearing before The discrepancy between the two District Judge Archie 0. Dawson in New York ASKS AN APOLOGY stories of the Department of Justice on Mr. -Cohn's motion to dismiss the indict The judge told the jury to disregard the ment. The assistant U.S. attorney handling remark. After a recess, with the jury absent, which is so deplorable is the fact that the case. Gerald Walpin, told Judge Dawson Berke asked an apology fr:om the court on they should be involved in such situa about the mail watch. grounds he was "unfairly chastized • • • in tion. I feel that something should be the presence of the jury." done and that the matter should be in ADDRESSES NOTED New York Attorney Jacques Schiffer vestigated thoroughly. Judge Dawson denounced as shocking the placing of a mail watch on Jl defend~nt's accused the judge of aiding the prosecution I compliment the gentleman from Ne~ by indicating "time and time again to the lawyer after an indictment. But he refused braska for bringing this matter to the to dismiss the indictment, saying there was · jury that the defense coun·sel are charlatans, floor of the House. Regardless of who that we're tricksters, that we're trying to fool no indication that the Government had ob the jury." the defendant is he should have his tained any information for its case from the Harvey Silets, a Chicago defense lawyer, as rights protected. mail watch. serted that the judge displayed "bias and Mr. CUNNINGHAM. I thank the gen In a mail watch, the Post omce notes the prejudice against the defense." tleman. Did the gentleman say that names and addresses of those who send let The judge replied, "This 'court has abso ters to the person concern-ed. Mail Is not this was an article from the New York opened or read. Checks of this kind are said lutely no bias and prejudice against any of Times in today's paper relative to this to be quite common law-enforcement de- the defendants. The attorneys have made mail matter? i · it difflcult for the court throughout the triaL vices. . I hope that counsel will learn the court Mr. ABELE. That is correct. The What disturbed officials here today about means exactly what lt says." heading of the article is "Justice Offi the Cohn case was not the check so much as cials Say Case Has Been Mishandled the timing and handling of the affair. PAINTED AS LIAR Wrongdoing Is Denied." However, the Mr. Walpin, the prosecutor, filed a sworn The Government's rebuttal witnesses were question in my mind is what were the affidavit in court last week saying that the presented to try to refute defense testimony U.S. Attorney's Ofttce had had nothing to do which painted Partin as a professional liar, people in the Department of Justice with the mail-watch order of which Mr. Cohn a woman chaser, and a dope addict. thinking about when one day they say had produced a· copy. Others attesting to Partin's good character the mail watch was in regard to an in This was the Internal Revenue Service. were Frank Jumonville, a Plaquemine, La., ternal revenue matter and 2 weeks later order. Mr. Walpin was therefore correct in 1964 CONGRESSIONAL RECORD- 'HOUSE 4035 saying that his office had had nothing to right to 'due process and a fair trial. terrogation of witnesses are required. do with it. Yet it is ·'my understanding that the It is a colossal job to amass sumcient But the impression left with many per Federal Government in this case has ad evidence to prove guilt beyond reason sons, including Justice Department officials able doubt and obtain the evidence here, they said today, wa.s that no mail order mitted to conducting a constant surveil to of any kind had been requested by Mr. Wal- lance of the defendant, his counsei and . required therefor, particularly if one pin or his associates. · witnesses since the opening date of the is dealing with a clever, organized, and Last Friday a postal inspector testified trial until February 8, 1964. These ac_; knowledgeable person. before Judge Dawson about the Internal tivities by agents of the FBI and other The second point, however, is that. un Revenue mail cover. Postal officials were to Federal agents included surveillance of der our system of law a man is innocent testify further the next day and to be ques the hotel where the defendant and his until proven guilty. We believe in the tioned by Mr. Bolan. attorneys were staying, communications intrinsic worth of an individual and in SUPERIORS INFORMED by shortwave radio of the whereabouts the general concept that it is far worse to It was on Friday evening, according to offi and movements of the defendant and his punish a man for a crime which he did cials here, that Mr. Walpin told his superiors counsel, following them in automobiles, not commit than to free a man for a that he had requested the mail watch last and the invading by a U.S. marshal of crime which he did commit. September after Mr. Cohn was indicted on the defendant's headquarters during the In these days when the tentacles of the charges of having lied to a grand jury and of Federal Government reach increasingly having tried to prevent the indictment of trial, using monitoring devices and other -four men in a stock fraud case involving the means of surveillance such as wiretap into the daily lives of each of our citi United Dye & Chemical Corp. ping, shadowing_and eavesdropping, and zens, the protection of the individual On saturday morning Mr. Walpin told viewing the --defendant's movements against his government and autocratic Judge Dawson about the mail watch. The through the use of binoculars from the action thereof becomes ever more im feeling at the Justice Department today was windows of rooms in a building adjacent portant. Whether we are considering that, while there had not been anything that to defense headquarters. . laws dealing with income taxes, labor could technically be called a misstatement, It is not my·'tmderstanding that a de legislation, religious rights, freedom of the public position of the Government had expression, property rights or civil rights, been misleading. fendant in a criminal case may obtain due process or a fair trial if through the we must guard carefully against over Mr. CUNNINGHAM. Mr. Speaker, use of surveillance witnesses who might zealous or overreaching action by our· this is something that is much broader come forward with evidence for the de law-enforcement omcers. · than an individual concerned in a par fense may be intimidated. It is not my The gentleman from Nebraska has ticular trial. I do believe that the understanding that a defendant in a made a contribution in bringing these se allegations made as to the ·shortwave criminal case may obtain due process or rious allegations to the attention of the radio contact between the Government a fair trial when his prosecutors, agents Congress. On the surface the allegations attorneys and the accused, sleuths, of the Federal Government, resort to de would suggest that the Justice Depart private qetectives, and all kinds of other vious, deceptive, and duplicitous means, ment has gone far beyond the fine line people, trying to get what I believe to be and even direct violations of the law, to which separates the rights of a defendant illegal evidence, if all these things are obtain their ends. Such methods are to conduct his separate defense and the true it certainly deserves the serious con odious and wrong on both legal and rights of the public to obtain the facts. sideration of the Committee on' the moral ·grounds. I was disturbed by the charge that a U.S. Judiciary because this affects all Ameri It would be a terrible thirtg if the Fed marshal had invaded the records of the cans. Who knows when it may be a eral Government in this instance decided defen.dant, and his flies, without a war Member of this body who will be~ sub "to get Jimniy Hoffa" and to resort to rant or other legal basis. I was further jected to the same type of harassment? any means toward that objective. For disturbed by the allegation that the Mr. GONZALEZ. Mr. Speaker, this is with the massive machinery and un Jencks Act had been avoided and the fur the second speech to be made from. the matched power of the Government it ther allegation that the Government was' :floor of the House by me on this day. could "get" anyone if it so desired. But in a position. to change testimony with The first was on the occasion of the 128th justice through due process and a fair out notification to the defense as the trial anniversary of Texas Independence .Day. trial is supposed to be for all the people, progressed. For on this day 128 years ago Texas de not just some of the people. Mr. Speaker, the point raised by the clared its independence from a despotic So it is well to remember that this is comments of the gentleman from Nebras and hostile colonial power. The Texas ka and by the allegations .of Mr. Zagri the anniversary of Texas Independence must not be considered in light of the Declaration of Independence was model Day, and the admonition of our fore ,. , ed after the U.S. Declaration of Inde defendant. Nor do I make these com fathers that eternal vigilance is the price ments in defense of the defendant, whom pendence, and among the grievances of liberty and freedom. Unless we raise against Mexico set out was the charge I do not know, but rather because of the our voices at miscarriages of justice, legal serious questions they raise with regard that Mexico had broken promises to pro demons will be .born which, like Frank tect life, liberty and property, and that to the autocratic power-and its use by enstein's mo:pster, may destroy us all. the Attorney General-which the charges she had deprived the Texans of a trial by Mr. OLIVER P. BOLTON. Mr. jury. raise. I hope the Committee on the Ju Speaker, I too, wish to congratulate the diciary will give these allegations its It was by coincidence that I remained gentleman from Nebraska [Mr. CUN serious attention. in this great Chamber after delivering NINGHAM] for his raising the question of that speech aqd that I happened to hear possible abrogation of constitutional certain remarks of my colleagues related rights. I too, received a letter from Mr. GENERAL LEAVE TO' EXTEND to the very principles underlying the Sidney Zagri, legislative counsel, Inter- Texas Declaration of Independence, the t..national Brotherhood of Teamsters, Mr. CUNNINGHAM. Mr. Speaker, I U.S. 'Declaration· of Indep,endence, and along with several memorandums at ask unanimous consent that all Mem the Constitutions of my home State and tempting to document the infractions of bers who desire to do so may have 5 · my Nation. I r~{er to. the remarks con constitutional rights alleged in his letter. legislative days in which to extend their cerning the prosecutiOn of James R. Many. of these documents have been in- remarks in the RECORD on the subject Hoffa, president of the International serted in the RECORD. . I have just discussed. The SPEAKER pro tempore. Is there Brotherhood of Teamsters. · Mr. Spea~~r, whether we are consid Mr. Speaker, facts have been brought ering the case of Mr. Hoffa, or Mr. Cohn, objection to the request of the 'gentle to my attention which· if true will cause or of any other citizen charged with man from Nebraska? the current . prosecution . of James R. any crime, two things stand out clearly There was ~o objection. Ho~a. regardless . of the eventual out in my thinking~ The first is the extreme come o{ .the case, to reflect a sordid chap difficulty that the.re is today in obtain ter in America:p. jurisprudence and in the RESIDUAL OIL QUOTAS ing sumcient evidence to convict. ADDITIONAL COMMENT history of this great Nation. ~ Countless hours of work and of observa;.. Under our Constitution evecy' defend tion; of detailed examination and eval Mr. BEERMANN. Mr. Speaker, I ask ant in a ctiminal case has an "absolute uation·; as well as searching out and in- unanimous· consent that the gentleman 4036 CONGRESSIONAL RECORD- HOUSE March 2 from New Hampshire [Mr. CLEVELAND] residual fuel oil dated February 13, 1963, increasingly short supply from domestic may extend his remarks at this point which effectively exploded any argu sources. In September 1962, a report to the in the REcORD and include extraneous ments that national security was· being President on crude ell import controls by the Petroleum Study Committee under the matter. imperiled by residual fuel oil imports. chainnanship of the Director of the Otnce The SPEAKER pro tempore. Is there On February 18, 1964, the Secretary of o! Emergency Planning concluded that "the objection to the request of the gentleman the Interior answered my letter, as fol best case can be made for maintenance of from Nebraska? lows: import controls." By contrast, a report to There was no objection. We would like to point out, however, that the President in February 1963 by the Di Mr. CLEVELAND. Mr. Speaker, for we continue to regard the residual fuel oil rector of the Otnce of Emergency Planning too long 50 million citizens of the east program as an integral part of the total oil concluded that for heavy fuel oil "a care import program, and consider it, therefore, ful and meaningful relaxation of controls coast of the United States have been would be consistent with national security." seeking relief from the heavy and un to be essential to the nation(ll security. necessary economic handicap imposed This is indeed an astonishing state Second. The residual fuel oil program upon them by restrictions on urgently ment from the man responsible for de 1s essential to the national security. needed residual fuel oil imports. cisions relating to oil policy matters. This Mr. Udall has decided-appar What is disheartening to us fighting Let us examine it closely. ently on the advice of his defense experts for their removal is the complacency First. The Interior Department con within the Department of the Interior with which- Secretary of the Interior tinues to regard :r;esidual fuel oil program and directly against the Director of the Udall and the Johnson administration as an integral part of the total oil im OEP's advisory report to the President seem to view our predicament. Fifty port program. of February 13, 1963. million U.S. citizens are paying tens of This is a position quite contrary to the Who is better able to judge the effects millions every year in premium prices be Interior Department's stand during the on the national security of a program cause they have to have residual fuel oil. investigation by the OEP into the na such as this? Let us take a look at the How long does the President intend tional security justification for contin House report on the "national security forcing this economic burden on the east uing controls. When the Director of the amendment," section 8 of the Trade coast? How long will he persist in re OEP asked the Secretary of the Interior Agreements Extension Act of 1958-72 fusing to do what he can-and should if restrictions of residual imports con Stat. 678, 19 U.S.C. 135a-identical, ex do: Remove the troublesome quotas on. tributed to increasing explorations and cept for conforming changes, to section residual fuel oil imports. the development of reserves and thus 232 of the Trade Expansion Act of 1962. This action is justified, in fact even contributed to the national sec.urity by This report declared : required, by the simple economics of the preserving a vigorous, healthy U.S. pe Your committee was guided by the view i&sue. Today our citizens living in New troleum industry, it was the Depart that the national security amendment is not an alternative to the means afforded by the· England, in the 1Middle Atlantic States, ment's view that: and in Florida, "'are paying, and paying Relaxation o! controls over residual fuel escape <;:lause for providing industries which dearly, for the President's refusal to act. oil would have some impact on the domestic believe themselves injured a second court in How much does this lack of concern producing industry-the extent, would be dif which to seek relief. Its purpose is a dif ficult to ascertain in advance. In the short ferent one--to provide those best able to for the plight of the east coast cost our judge national security needs, namely, the economy? A conservative estimate run, through generating lower prices, it would tend to lower refinery revenues and, President and the Director of the Otnce of would be at least $70 million every y-ear. therefore, to reduce the ab111ty of the indus Defense Mob111zatkm -(now OEP) acting with It is paid for in terms of business costs, try to conduct exploration, and, perhaps, the advice of such Cabinet otncers as the school taxes, light bills; and even hospital have a minor impact on the price o! crude. Secretaries of Defense, Commerce, and State, bills-in fact almost everything and any lt would be almost impossible, however, to a way of taking whatever action is needed thii1g in the east coast areas eosts more isolate the moderate effects which might be to avoid a threat to the national security than it should because of this adminis anticipated !rom decontrol from nonnal througp. imports. tration's failure to act. changes in market conditions stemming from What was the scope of the OEP inve.co~ variations in the balance J:>etween demand Last week, I wrote to President John and supply. tigation? son in appreciation of his. effort to effect , Over the longer term, decontrol o! residual Over 130 statements containing ex a little economy at the White House by fuel oil would probably reinforce the trend pressions of views and factual informa putting, out unnecessary lights. I re of declining residual fuel oil yields that has tion were filed. The OEP requested and minded the President that just as he was been evident among domestic refineries !or received the views of the Departments cutting down his electric light bills in the many yea.rs. This would have the dual effect of State, . Defense, Treasury, Interior, of decreasing slightly the demand for do White House by a "flip of a .switch,'! he mestic crude below levels that would other Commerce, ·and Labor. could ~~~lp an estimated; 50 ''fhillion con .wise Pf,.~Vail and of increasing the ab111ty o! All in all, as the OEP Director stated: sumers · along the .easT coast cut their reflnelt\ to pay for such crude as a result o! "A considerable body of material bear light bills too by a "stroke of the pen... increased revenues resulting !rom sale of ing on the issues" was developed. Mr. Speaker, I have been concerned higher petroleum fractions - as oontrasted. An exhaustive, searching, complete in with this problem ever since I have been with residual. · vestigation of almost 2 years is being a Member of this.distinguished body and In my opinion, the foregoing consti ignored by Secretary Udall. ,r,. ~ have tried by' all possible means to get tutes a rather weak stand for the In If such is the case, and the recom· relief for the people of New Hampshire terior Department to have taken, if. mendations of the OEP bear no weight, and others atrected by these controls. truly the residual oil program, · as In obviously so insofar as Mr. Udall is con- . J. I have written to administration of terior now claims, is ''an integral part cerned, perhaps the Interior Secretary .,.,. · ficials responsible .for the program on of the whole import program." · should recommend to the President that several OCCB.~:?ions, Pointing out again and Recently, Mr. Carl E. Reistle, Jr., the OEP be abolished and that Mr. Udall again the logic of our arguments for re chairman of the board of Humble Oil become the sole arbiter of what is in the moval of controls. Refining Co. issued a stateme-nt oppos interest of our national security. ~ - M06t recently; on January 24:, 1964, I ing a proposed formula for limiting im Mr. Speaker, there is no reason on wrote to Mr. Udall-see CONGRESSIONAL ports of heavy fuel oil. Mr. Reistie earth to continue these controls. The RECORD, January 27, 1964, page 1166--in ·pointed out that import restrictions do time .has come-and it is long overdu~ ans~er to his sta~ment: not benefit the domestic oil industry to act in the true interests of national When the national security contribution since it is uneconomic to satisfy the de security, in the interests of ·fairplay, in _... 'l' of the residual fuel oil program is measured mand for this product from domestic the interest of a sound economy, and re- 1n the broader terms of the overall petroleum production. move the arbitrary and crippling restric- import control system, it is apparent that in _ln order to maintain the integrity of the Mr. Reistle hfs statement further tions on heavy fuel ollimports. · ~ controls progra.xn it 1s necessary to retain pointed out: No longer should ·so many of us pay controls on all o! the principal derivaties of . In applying and appraising import con such high premiums for such · an un crude oil, including residual fuel oil. trols, the Federal Goveni.ment has consist ently drawn a distinction between crude oil, needed program which: the Interior De At that time, 1. called the Secretary's which is available in ample quantities in the partment insists on perpetrating and ~ttention to the OEP memorandum on United States, and ~eavy fuel oil which is in perpetuating. · 1964 CONGRESSIONAL RECORD- HOUSE 4037 GET GOVERNMENT OUT OF Second. Specific provision has not of Congress having one --vote. . The Presl BUSINESS been made concerning transfer of power dent would have the power of veto and if ln ease of Presidential disability. The he exercised it, Congress would propose Mr. BEERMANN. Mr. Speaker, I ask Eisenhower.:fi'ixon and Kennedy-John- another candidate. . unanimous consent that the gentleman son agreements were ·a safeguard, but . The field of possible candidates would from Minnesota [Mr. LANGEN] may ex- there is -·no guarant.e.e that such pacts -be limited to Members ott-congress, heads tend his remarks at this point in the · shall alw.ays be mad~ and because they of executive departments,. or Governors : REcORD and include· extraneous matter. are without congressional sanction they of States. The person S'elected would . The SPEAKER prQ tempore. Is there may be subject to question. . · vacate his' current office: a · ' objection to the request of the gentleman we are taking a great risk, I believe, This process would be followed when from Nebraska? when we leave the vice presidency un- the office of Vice President beca.nie. va- There was no objection. . filled. Exec;u~ve bran~h responsibilities cant more than 30 days before the end Mr. LANGEN. Mr. Speaker, I have in- are such that the office of Vice President of the ihcumbent Vice President's tenn. - troduced ·a bill today designed to get tpe . is of enonnous importance. Presently, It would also be followed if a Vice-Presi Post Office Department out of the print- under · congressional . enactment, the dent-elect ·might become permanently ing business. . · Speaker of the House of Representatives unable to take his om.ce. Each year the Post Office Department is ·next .in line to the President. T~e My proposal, which, as I noted, would handles hundreds of thousands of orders President pro tempore of the Senate IS be a constitutional amendment, is de for printed envelopes in direct competi- next, and the Cabinet follows. signed specifically to allow Congress to tion·with private business. The sad part Deficienci~s. . in this situation are ob- provide legislation to cover:'l¬her sue of this printing endeavor is that the De- vious and bave been thorougply discussed -cession circumstance-where vacancies partment prints these envelopes at .a in recent months: a Speaker might well might exist in the offices of both Presi loss. It is time .that the Government · be p~ a different political party than his dent and Vice President. quit such attempts to compete with the Pres~aent; . a Speaker who. succeeded the My legislation would give the same lithographers, engravers and other print- President, even temporarilY, ~ould lose status, powers and duties tO the acting ers who have to show a profit if they are the speakership permanently; the con- Vice President as an elected Vice Presi going to continue in existence. It is un- cept of separation of powers is infringed dent would have. The acting officer conscionable that the Post Office Depart- on when a Speaker must be toned to would serve until the end of the term for ment should be in the printing business, executive as weU as congressional busi- which the individual he succeeds was undercutting the going rates fo:r such · ness; ·a S~eaker, though originally elect- elected. printing, and still suffer a postal deficit e~ by the p~ple, an~ though el~v~ted to This bill' is similar to one introduced each year... ·· his post by elected Representatives ed· date of its subm1S&lon by the Congrees: Some 128 years ago at a spot known as· . in the top offices of our Government, we "ARTICLE- Washington-on-the-Brazos, a band of have asked "What if-what if an order "SECTION 1. Whenever the office of Vice patriotic Texans· got together and an ly transition was not made, or what if we President becomes vacant at any time, more than thirty days before the expiration of the nounced their historic statement of prin were thrust into the midst of an inter term !or which the Vice President was _ciple. They came from many States in national conflict at a time when we had elected, because of the death, removal from the then existing Union, but their aims a weakened leadership structure?" office, or resignation of the Vice President or and directives were frankly those in con The concern is reasonable. The the death of a Vice-President-elect before formity with men who seek liberty chances are slightly less than one in four the time :fixed for the beginning of his term, everyWhere. that a particular presidential term shall or because of the assumption by the Vice not be completed, considering past rec President or a Vice-President-elect of the · Washington-on-the-Brazos was only ords. And the odds a,re nearly even that powers and duties of President by reason of a village, less than 100 people lived a vice-presidential term shall not be com the death, removal from office, or resigna-· there. The convention of some 59 dele pleted; 16 of 37 have not. tion of the President or the death of a Presi gates met in an unfinished frame cot Yet our concern has been only transi dent-elect before the time fixed for the be tage-it had neither doors nor windows. ginning of his term, the person discharging Even as the delegates gathered, Santa tory. It has been like a little boy who the powers and duties of President shall con stubs his toe on a doorstop and forgets 5 vene the Senate and the House of Repre Ana and his army were across the Rio minutes later that the obstacle is there. sentatives in joint session to select a per Grande, heading for San Antonio to put Congress has felt moved only three times son to act as Vice President. The person down the Texas revolt. to write its ideas on the subject into law. discharging the powers and duties of the Thus it was that on March 2, 1838, Yet we have long realiZed that our pro- President shall have the right to veto any the Texans declared this independence 1961,. CONGRESSIONAL RECORD- HOUSE 403~ of Mexico. They declared their beliefs botn the eternal enemies ·of civil liberty, the upon the most sacred rights of the citizens, in the same freedoms we all hold dear. ever-ready minions of power, and the -usual and rendering the m111tary superior to the It is easier to remain silent than to instruments of tyrants; when, long after the civil power. spirit of the constitution has- departed, mod- It has dissolved by force of arms the State proclaim a principle; it is easier to pro eration is at length so far lost by those in Congress of Coahuila and Texas, and obliged claim a principle than to risk life and power, that even the semblance of freedom is our representatives to fly for their lives from limb for it. Yet, these brave men, like removed, and the forms themselves of the the seat of government, thus depriving us of the founders of our country, were willing constitution discontinued; and so far from the fundamental political right of representa to declare their beliefs and to fight for their petitions and remonstrances being re- tion. them. garded, the agents who bear them are thrown It has demanded the surrender of a number Texas had not been independent more into dungeons and mercenary armies sent of our citizens, and ordered military detach forth to force a new government upon them ments to seize and carry them into the in than 3 days before the Alamo fell. Yet, at the point of the bayonet; when, in conse- terior for trial, in contempt of the civil au the Texans persevered, and won their quence of such acts of malfeasance and abdi- thorities, and in defiance of the laws and the independence. There were certain con cation on the part of the government, an- Constitution. · ditions prevailing in Texas. These men archy prevails, and civil society is dissolved It has made piratical attacks upon our were defending ·the rights and the basic into its original elements in such a crisis, the commerce by commissioning foreign despera -M. principles of Uberty, such things as the first law of nature, the right of self-preserva- does, and authorizing them to seize our ves heritage of the common law tradition, tion, the inherent and inalienabie right of the ., sels and convey the property of our citizens people to appeal to first principles, and take to far distant ports for confiscation. religious liberty, the basic principles of their political affairs into their own hands It denies us the right of worshiping the · the. ~agna Carta, as was a1;1nounced and in extreme cases, enjoins it as a right toward Almighty according to the dictates of our own was declared. u,~t is only fitting and themselves, and a sacred obligation to their consciences,,by the support of a national rell proper that we pause here today in the posterity, to abolish such government, and gion calcula.ted to promote the temporal in Nation's Capital and mark this event create another in its stead, calculated to res- ~ terests of its human functionaries rather · which back home in Texas is today con cue them from impending dangers, and to . than the glory of the true and living God. sidered an official State holiday. secure their future welfare and happiness. It has demanded us to deliver up our arins, Nations, as well as· individuals, are amen- which are essential-to our defense, the right Mr. PATMAN. Mr. Speaker, will the able for their acts to the public opinion of ful property of freemen, and formidable only gentleman yield? mankind. A statement of a part of our griev- to tyrannical governments. Mr. GONZALEZ. I yield to the ances is therefore submitted to an impartial It has invaded our country, both by sea· gentleman from Texas. world, in justification of the hazardous but and by land, with intent to lay waste our Mr. PATMAN. I commend the gentle unavoidable step now taken, of severing our territory, and drive us from our homes; and political connection with the-Mexican people, has now a large mercenary army advancing man for mentioning our Texas Inde and assuming an independent attitude among to carry; on against us a war of extermination. pendence Day. My distinguished friend the nations of the earth. It has, through its emissaries, incited the Congressman GoNZALEZ is always very The Mexican Governmen~. by its -coloniza- merciless savage, with the tomahawk and thoughtful. TodaY we have a historic tion laws, invited and induced the Anglo- scalping knife, to massacre the inhabitants decision in the Supreme Court. In an American population of Texas to colonize its of our defenseless frontiers. effort to reach the Governor and attor wilderness, under the pledged faith of a writ- It hath been, during the whole time of ney general of our State, we were re ten constitution, that they should continue our connection: with it, the contemptible minded that there is a holiday in Texas to enjoy that constitutional Uberty and re- -sport and victim of successive .military rev publican government to which they had been olutions, and hath continually exhibited today-Independence Day~and, of habituated in the larid of their birth, the every characteristic of a weak, corrupt, and course, they were not expected to be in United States of America, In this . expe~ta- tyrannical government. ·, their offices as they were celebrating tion they have been cruelly disappointed, These and other grievances were patiently March 2 "Independence Day" as our dis inasmuch as the Mexican nation has·· ac- borne by the people of Texas; until they tinguished Gov. John Connally and our quiesced in the late changes made in the gov- reached that point at which forbearance distinguished Attorney. General Wag ernment by Gen. Antonio Lopez de Santa ceases to be a virtue. We then took up Anna, who, having overturned the Consti- arms in defense of the National Constitution·. goner Carr should celebrate it. They We appealed to our Mexican brethren for are to be praised for doing so. I predict tution of his country, now offers us the cruel assistance. Our appeal has been made in they will give the Supreme Court deci alternative, either to abandon our homes, vain; though months have elapsed, no sym sion proper consideration in plenty of acquired by so many privation~. or submit pathetic · response has yet been heard from to the most intolerable of all tyran_ny, the the interior. We are, therefore, forced to the time. ·I appreciate the statement the combined despotism of the sword and the gentleman has made. He is always very priesthood. - _ melancholy conclusion that the Mexican pea- thoughtful about the traditions of our It has sacrificed our welfare to the' State pie_ have acquiesced in the destruction of of Coahuila, by which our tnterests_have been their liberty, and the substitution therefor State and the history of our great State. of a military government-that they are unfit The Texas Declaration of Independ continually depressed, through a -jealous and· to be free, and incapable of self-government. ence and its signers is inserted here partial course of legislation, carried on at a The necessity or self-preservation, there with as it appears in the Texas Almanac. far-distant seat of governmen~. by a hostile - fore, now decrees our eternal political sep- majority, in an unknown tongue; and this, ara.tion. .. It is as follows: too, notwithstanding we have petitioned in·· TEXAS DECLAJlATION OF INDEPENDENCE--8IGNEllS the humblest terins for the establishment of We, therefore, the delegates, with plenary The Declaration of Independence of the a separate state government, and have, in powers, of the people of Texas, in solemn Republic of Texas was adopted by the dele accordance with the provisions of the Na- convention assembled, appealing to a candid tio~al Constitution, presented to the General world for tp.e necessities of our condition, do gates of the people of Texas, in general con Congress, a Republican Constitution, which hereby resolve and declare that our political vention at the town of Washington-on-the connection with the Mexican nation has for Brazos, March 2, 1836. (See p. 61.) The was without just cause, contemptuously re- ever ended, and that the people of Texas do author of the declaration of independence jected. now constitute a free, sovereign and t~de- was George C. Childress.· The text follows, It incarcerated in a dungeon, for a long pendent Republic, and are fully invested with the 1;1ames of the signers at the end of .time, one of our citizens, for no other cause with all the rights and attributes which the text: but a zealous endeavor to precure the ac- properly belong to independent nations; and, When a government has ceased to protect ceptance of our constitution and the estab- conscious of the rectitude of our intentions, the lives, liberty, and property of the people lishment of a state government. · we fearlessly and confidently commit the from whom its legitimate powers are derived, - It has failed and refused to secure, on a issue to the decision of the supreme Arbiter and for the advancement of whose happiness firm 'Qasis, the right ·of trial by jury, that of the destinies of nations. Richard Ellis, it was instituted, and so far from being a palladium of civil liberty and only safe guar- president of convention; Charles B. stewart, guarantee for the enjoyment of their inesti antee for the-life, liberty, and property of the Thomas Barnett, James Collinsworth, Edwin mable ·and inalienable rights, becomes an in citizen. Waller, John 8. D. Byrom, Francisco Ruiz, strument in the hands of evil rulers for their It has failed to established any public sys-; Jose Antonio Navarro, Jesse B. Badgett, WU oppression; whe-n the Pederal Republican tem of education, although possessed of al- lia,m D. Lacey, William Menefee, John Fisher, constitution of their country, which they most boundless resources (the public do- Mathew Caldwell, J. William Mottley, Lo . have sworn to support, no longer has a sub main), and although it is an axiom in poUt- renzo de Zavala, Stephen H. Everitt, George stantial existence, and the whole nature of leal science that, unless a people are educated W. · Smyth, Elijah Stapp, Claiborne west, their government has been forcibly changed and enlightened it is idle to expect the con- William B. Scates, M. B. Menard, A. B. without their consent, from a restricted Fed tin_uance of ctvii liberty, or the capacity for- Hardin, J. W. Bunton, Thomas J. Gazlev, R. erative Republic, composed of sovereign self-government. ' · M. Coleman, Sterling C. Robertson; George States, to a consolidated central military des It has suffered the m111tary commandants C. Childress, Bailey Hardeman, Robert Potter, potism, in which every interest is disregarded stationed among us to exercise arbitrary acts Thomas Jefferson Rusk, Charles s. Taylor, but that of the army and the priesthood, · of oppression and tyranny, thus trampling John S. Roberts, Robert Hamilton, Collln C:X--254 CONGRESSIONAL RECORD- HOUS:E March 2 McKinney, Albert H. Latimer. James· Power, an organization to be ready, to 11e on the • the program. The Nashville area in our own Sam Houston, David Thomas, Edward Conrad, alert: in order to stop or prevent any at State, for example, has m~ny famUies that Martin Parmer, Edwin o. LeGrand, Stephen tempt to break the line on this 4%-:Per could have better health through improved w. Blount, James Gaines, William Clark Jr., . cent interest rate that was fixed back nutrition if the less fortunate were not tied · Sydney 0 · Penington, W1lliam Carroll Craw- over 45 years .ago, during Woodrow Wil to the surplus commodity program diets that ford, John Turner, Benjamin B. Goodrich, make the dried bean king. G: W. Barnett, James G. Swisher, Jesse son's time. W.e have lived· under tha.t Fresh fruit, milk, vegetables and meat are • Grimes, s. Rhoads Fisher, John W. -Moore, 4%-percent rate for over 45 years, in the beyond the reach of·many. John w. Bower, Samuel A. Maverick, Sam P. · worst depression in history, in the great In the first 8 months of its operation ln Carlson, A. Briscoe, James B. Woods; and Asa est wars of all history, sometimes when Hamilton, Grundy, Marton, and Sequatchie Brigham. . we had 10 million unemployed and some- Counties, plan participants put up $449,828 in cash to purchase $1,062,688 in food stamps . . The president of the Convention · is time_~- when ; we were shooting away a This represented a bonus of $612,860 in food from the district I have the honor to quarter of a billion doUars a day on the purchasing ppwer hi our lowest income an<>d stores. objection to the request of the gentleman men who sought the independence of The food store operators see the advantages Texas, are from South Carolina so, of from South Carolina? not only to their customers but to them There was no objection. selves in the form of the increased business. · course, I congratulate the gentleman Of course· the increased business is then from Texas and the State of Texas. ':'!iMr. FULTON of Tennessee. Mr. Speaker, in a very short time I am hope passed on to the suppliers and on to the Mr. GONZALEZ. I congratulate the farmer. ful that we will consider legislation to gentleman from South Carolina. The It is a sound program which should be ex State he comes from is one that sup extend the food stamp program. This panded. A proposal to do that died tn the plied many of the splendid, 'heroic men program has become quite controversial. House Agriculture Committee last month we read about in history. · It is not perfect but it is one of the better where, as 9ne member put it: "It was fall programs which we have underway out from the civil rights fight." today. But Representative LENOR SULLIVAN, Demo IDGH INTEREST. RATES-4%-PER- There are many reasons and argu- crat, of Missoliri, has indicated only disap CENT RATE IN EFFECT OVER 45 ments for the extension of the food stamp pointment and not defeat at the pigeonhole fate of her proposal. She plans to introduce YEARS SHOULD NOT BE RAISED plan. Some of these have been outlined f~.nother bill with minor amendments .later Mr. PA'PMAN. Mr. Speaker, I ask in a recent editorial in the Chattanooga this year: Perhaps then, with the heat of unanimous ·consent to address the House Times which I . commend tQ my distin the rights bill behind them and the needs' for 2 minutes and to revise and extend guished colleagues for their considera- of the Nation's less fortunate more clearly my remarks. ,[(, tion and study. before them, the House wlll see fit to ex pand a most beneficial p~Qgram. The SPEAKER pro' tempore. Is. there · . [From the Chattanooga (Tenn.) Times, »· objection to the request of the gentleman Feb. 24, 1964] from·Texas? p. . (FOOD) STAMP OF APPROVAL TEXAS INDEPEND;ENCE DAY There was no objection. In the years to come, where wm our fam- Mr. PATMAN. Mr. Speaker, the ques- ilies that find themselves in difficult circum-· Mr. PICKLE. Mr .. Speaker; I ask tion of high interest rates is before the stances go for the food they need and the unanimous consent to;:.extend my remarks · , food our Nation can supply for all in such at this point in the ~ RECORD. · . Congress and the country. There is great abundance? Will they go once or twice The SPEAKER pl-'o t'empore. Is there much talk about action being taken by· a, ffiHpth to some.Go:vernment warehouse for objectron ·to the request of the gentleman our .monetary authorities that will o1fset a . ~pply from surplus commodity stocks or the good that will be accomplished in our .v.:fl~, they have a means whereby they, too, from Texas? , $11.5 billion tax reduction act passed c~u. plan their diets around the many sound There was no .objection. last week. The President has warned n'tltritional items available through our re- Mr. PICKLE. Mr. Speaker, Texans the authorities in a nice way that he does tail grocery stores? throughout America and around the not believe th&.t any action should be ·Of course the ideal solution would be crea- world pause today to observe the anni ;;~ taken that would be detrtm.ental to the tion of those conditions under which no versary of the Texas Declaration of expanding economy that we are likely to family would need help tn meeting the mint Independence. mum food requirements. We must work have because of that tax cut, and interest toward such full e~ployment conditions but One hundred and twenty-eight years rate increases were menti~ned. in the meantime keep in mind that we have ago today our proud forebears gathered in a dilapidated blacksmith shop in STEEiliNG coMK~ the means to help those among us who are less fortunate. Washington-on-the-Brazos in Texas to !.know that when these questions of It is the search for that "meantime" solu declare their independence from Mexico, raising interest rates come up they.come tion that has led to the Federal food stamp while Santa Anna's army of some 5,000 up quickly, and one Member or one com plan in four Chattanooga area counties and then had the Alamo besieged.. While this mittee is powerless· to stop it. So I think to efforts to expand that plan to other areas group of great ·patriots were holding this those of us who are against increasing in- · of the country, · momentous meeting couriers were com' terest :rates on long-term Government The conditions which make the fOOd stamp ing in and telling of the course of the bonds should get together· and form an program successful in this and other pilot siege that had· been going on at the · unofficial steering committee, and have areas are not confined to the areas now under Alamo for some 7 days before Texas de- 1964 CONGRESSIONAL RECORD- HOUSE 4041 clared its independence. They signed a Mr. HALPERN
HOUSE of REPRESENTATIVES Strut
