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Home , Edgar Ray Killen, James Allen (collector), James Cameron (activist), Lynching, Lynching of Claude Neal

S6364 CONGRESSIONAL RECORD — SENATE June 13, 2005 Mr. FRIST. Mr. President, I ask These three men, driven by their en- can become a better people by cele- unanimous to speak as in trepreneurial energy, opened a small brating the glories of our past—but morning business for what time is re- grocery store that catered primarily to also our imperfections. That includes quired. . They took business continuing to do our utmost to protect The PRESIDING OFFICER. Without away from nearby White business own- voting rights for all Americans. objection, it is so ordered. ers. Driven by hatred and jealousy, by Mr. President, I yield the floor and f rage and , an angry White suggest the absence of a quorum. mob stormed their store. Acting in The ACTING PRESIDENT pro tem- A FAILING OF THE SENATE self-defense, Wells’ three friends fired pore. The clerk will call the roll. Mr. FRIST. Mr. President, in 45 min- on the rioters. The police arrested the The bill clerk proceeded to call the utes or so, we will be turning to an im- grocers for defending themselves. The roll. portant issue which people have spoken mob kidnapped all three from jail, and Ms. LANDRIEU. Mr. President, I ask to over the course of the day, an issue all three were murdered in the Mem- unanimous consent that the order for we will be spending the evening on. It phis streets. the quorum call be rescinded. is an issue that is one of the worst These brutal galvanized The PRESIDING OFFICER (Mr. failings of this institution in our his- Wells into action. Her righteous anger, CHAFEE). Without objection, it is so or- tory, a failing surrounding a refusal to blistering editorials, and strong sense dered. act on our part against , of justice further enraged Memphis big- Ms. LANDRIEU. I ask unanimous against , against mob mur- ots. They burned her newspaper presses consent that the debate time on the der. It has been a shame in many ways. and threatened to her. Wells Griffith nomination be yielded back We have to be careful when we use that moved to and became one of and the Senate proceed to legislative word, but when we look at the that city’s leading social crusaders. session in order to consider S. Res. 39. of missed opportunities to act, we can, Wells’ book ‘‘Southern Horrors: Lynch The PRESIDING OFFICER. Without with justification, use the word Law in All Its Phases’’ and her dogged objection, it is so ordered. ‘‘shame’’ on the institution and a investigative reporting exposed mil- f shame on Senators who didn’t just fail lions of Americans to the brutality of to act but deliberately kept the Senate lynching. In a nation rife with LEGISLATIVE SESSION and the whole of the Federal Govern- and prejudice, Ida Wells and her col- The PRESIDING OFFICER. Under ment from acting and from acting leagues began the civil rights move- the previous order, the Senate will now proactively. ment. They helped bring us integra- return to legislative session. Although deep scars will always re- tion. They paved the way for equality. f main, I am hopeful we will begin to And they taught all of us that racism heal and help close the wounds caused is a terrible evil. APOLOGIZING TO LYNCHING VIC- by lynching. Four out of five lynch After many years of struggle, after TIMS AND THEIR DESCENDANTS mob victims were African American. many setbacks, and after much heart- The PRESIDING OFFICER. The The practice followed as an ache, they won. From President Tru- clerk will report the resolution by ugly expression of racism and preju- man’s Executive order ending segrega- title. dice. In the history of lynching, mobs tion in the Armed Forces to the 1964 The bill clerk read as follows: murdered more than 4,700 people. Near- Civil Rights Act, a series of civil rights A resolution (S. Res. 39) apologizing to the ly 250 of those victims were from my laws moved the Nation toward legal victims of lynching and the descendants of State of Tennessee. Very few had com- equality. those victims for the failure of the Senate to mitted any sort of crime whatsoever. But no civil rights law is as impor- enact anti-lynching legislation. Lynching was a way to humiliate, to tant to our Nation’s political process Ms. LANDRIEU. Mr. President, I ask repress, to dehumanize. as the 1965 Voting Rights Act. unanimous consent that the clerk pro- The Senate disgracefully bears some It enfranchised millions of African- ceed with the reading of the resolution. of the responsibility. Between 1890 and American voters and it brought many The PRESIDING OFFICER. Without 1952, seven Presidents petitioned Con- black politicians into office. objection, it is so ordered. gress to ban lynching. In those same 62 Section 4 of the Voting Rights Act The bill clerk read as follows: years, the House of Representatives will be up for reauthorization in 2007. Whereas the crime of lynching succeeded passed three antilynching bills. Each President Reagan signed into law a 25- slavery as the ultimate expression of racism bill died in the Senate, and the Senate year reauthorization in 1982. in the United States following Reconstruc- made a terrible mistake. Section 4 contains a temporary tion; The tyranny of lynch mobs created preclearance provision that applies to Whereas lynching was a widely acknowl- an environment of fear throughout the , , , Mis- edged practice in the United States until the American South. Lynching took inno- sissippi, South Carolina, , Vir- middle of the 20th century; cent lives. It divided society, and it ginia, and parts of Alaska, Arizona, Ha- Whereas lynching was a crime that oc- thwarted the aspirations of African curred throughout the United States, with waii, Idaho, and North Carolina. documented incidents in all but 4 States; Americans. Lynching was nothing less These States must submit any voting Whereas at least 4,742 people, predomi- than a form of racial . changes to the U.S. Department of Jus- nantly African-Americans, were reported It took the vision and courage of men tice for preclearance. If the Depart- lynched in the United States between 1882 and women such as Mary White ment of Justice concludes that the and 1968; Ovington, W.E.B. DuBois, George H. change weakens the voting strength of Whereas 99 percent of all perpetrators of White, Jane Adams and, of course, fel- minority voters, it can refuse to ap- lynching escaped from punishment by State low Tennessean Ida Wells-Barnett to prove the change. or local officials; pass Federal laws against lynching and While I recognize that this can im- Whereas lynching prompted African-Amer- icans to form the National Association for put an end to the despicable practice. pose a bureaucratic burden on States the Advancement of Colored People (NAACP) Ida Wells-Barnett, indeed, may have acting in good faith, we must continue and prompted members of B’nai B’rith to done more than any other person to ex- our Nation’s work to protect voting found the Anti- League; pose the terrible evils of lynching. A rights. That is why we need to extend Whereas nearly 200 anti-lynching bills were school teacher from Memphis who put the Voting Rights Act. introduced in Congress during the first half herself through college, she became Quite simply, we owe civil rights pio- of the 20th century; one of the Nation’s first female news- neers such as Ida Wells nothing less. Whereas, between 1890 and 1952, 7 Presi- paper editors. A civil rights crusader I hope the day will come when racism dents petitioned Congress to end lynching; from her teens, Ida Wells committed and prejudice are relegated completely Whereas, between 1920 and 1940, the House of Representatives passed 3 strong anti- herself to the fight against lynching to our past. This resolution is a posi- lynching measures; after a mob murdered her friends— tive step in the right direction. Whereas protection against lynching was Thomas Moss, Calvin McDowell, and Transforming our Nation requires the minimum and most basic of Federal re- Henry Stewart. that we recall our history—all of it. We sponsibilities, and the Senate considered but

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JN6.055 S13PT1 June 13, 2005 CONGRESSIONAL RECORD — SENATE S6365 failed to enact anti-lynching legislation de- understanding of lynching. A group of cated across the street from a White- spite repeated requests by civil rights angry White men take an accused and owned grocery store that had pre- groups, Presidents, and the House of Rep- presumed guilty Black man deep into viously been the only grocer in the resentatives to do so; the woods and hang him. Those are the area. Angered by the loss of business, a Whereas the recent publication of ‘‘With- out Sanctuary: Lynching Photography in images, although accurate and tragic, mob gathered to run the new grocers America’’ helped bring greater awareness but they delude us from the true na- out of town. Forewarned about the at- and proper recognition of the victims of ture of lynching in this dark period of tack on their store, the three owners lynching; American history. armed themselves for protection, and Whereas only by coming to terms with his- The thought of a small, angry mob in the that ensued, one of the busi- tory can the United States effectively cham- murdering Black prisoners in the dead nessmen injured a White man. All pion abroad; and of night ignores the reality of lynching three were arrested and jailed. Days Whereas an apology offered in the spirit of in most respects. We are fortunate and later, the mob kidnapped the men from true repentance moves the United States to- grateful that a passionate and resolute ward reconciliation and may become central jail and lynched them. This was the to a new understanding, on which improved independent scholar named James case that led Ida B. Wells to begin to racial relations can be forged: Now, there- Allen saw something catalytic in the speak out against this injustice. fore, be it photographic evidence of lynching, and Her great grandson is with us today. Resolved, That the Senate— he began to collect these gruesome and He has told this story through the halls (1) apologizes to the victims of lynching for horrific photographs. His work, ‘‘With- of Congress to give testimony to her the failure of the Senate to enact anti-lynch- out Sanctuary,’’ showed the real faces life and to her courage and to her his- ing legislation; of lynching, and the images he unveiled toric efforts. Without the work of this (2) expresses the deepest sympathies and most solemn regrets of the Senate to the de- began to change the way people viewed extraordinarily brave journalist, this scendants of victims of lynching, the ances- these tragic events and called to sev- story never really could have been told tors of whom were deprived of life, human eral of us in the Senate to issue this in the way it is being told now, today, dignity, and the constitutional protections apology tonight. It is because of his and talked about here on the Senate accorded all citizens of the United States; work, this book, that the Committee floor. To her, we owe a great deal of and for a Formal Apology and the families gratitude. She knew these men person- (3) remembers the history of lynching, to of the lynching victims—and some vic- ally. She knew they were businessmen. ensure that these tragedies will be neither tims themselves who are here—are here They were not criminals. She knew forgotten nor repeated. today and that this important historic they were successful salespeople, not Ms. LANDRIEU. Mr. President, to- resolution is before the Senate. common thugs. And she wrote and she night this body will take an important I would like to show some of these spoke and she tried to gather pictures and extraordinary step. The Senate photographs now. This is one of the to tell a story to a nation that simply will, belatedly but most sincerely, hundreds—thousands of photographs of refused to believe. issue a formal apology to the victims men, women, and children who were Forty-two years and thousands of of lynching and their families, some of lynched in this Nation, lynching that later is the case of Claude whom are with us tonight in this occurred—a citizen of our Nation, Neal of Marianna, FL. After 10 hours of Chamber, for its failure to pass lynched. As your eyes look at this pic- , Claude Neal ‘‘confessed’’ to the antilynching legislation. ture, they are immediately drawn to murder of a girl with whom he was al- Without question, there have been the victim. These were some- legedly having an affair. For his safety, other grave injustices committed in times—in most instances—very brutal he was transferred to an Alabama pris- the noble exercise of establishing this events. Sometimes the itself on. A mob took him from there. They great democracy. Some have already came after hours of torture and just ex- cut off his body parts. They sliced his been acknowledged and addressed by cruciating fear and humiliation. side and stomach. People would ran- this and previous Congresses, and our After this book was published and domly cut off a finger here, a toe there. work continues. However, there may be these pictures came into more full view From time to time, they would tie a no other injustice in American history of the American public, what happens noose around him, throw the rope over for which the Senate so uniquely bears is your eyes leave the figure of the vic- a tree limb. The mob would keep him responsibility. In refusing to take up tim and move to the audience. This is there in that position until he almost legislation passed by the House of Rep- part of the story that, in my mind, has died then lower him again to begin the resentatives on three separate occa- not been completely told, and it needs torment all over. sions and requested by seven Presi- to be told tonight and every day into After several hours, and I guess the dents from William Henry Harrison to the future. crowd exhausted themselves, they just Harry Truman, the Senate engaged in a As you can see, there are children decided to kill him. His body was then different kind of culpability. gathered here. These are children look- dragged by car back to Marianna, and Beginning in 1881, this tragic phe- ing up at this man hanging from a tree. 7,000 people from 11 States were there nomenon of domestic terrorism was History will record that some of these to see his body in the courthouse of the documented in large measure through children were let out of Sunday schools town square. Pictures were taken and the groundbreaking and heroic efforts to attend the lynchings. History will sold for 50 cents a piece. of Ida B. Wells-Barnett and the inde- record that some businesses closed One might ask, how do we know all pendent newspapers and publications. down so that the whole town could at- the grizzly details of Claude Neal’s From that year until 1964, 4,742 Amer- tend these lynchings. History will death? It is very simple. The news- ican citizens were lynched. These are record that these lynchings did not papers in had given advance the recorded numbers. Historians esti- occur mostly at night or in the back notice. They recorded it one horrible mate the true number to be much high- woods or across the levees—lynchings moment after another. One of the er. were a community event. In many in- members of the lynch mob proudly re- An apology alone can never suffice to stances, it was a form of public enter- layed all the details that reporters had heal the harm that was done, and for tainment. It was mass violence, an missed in person. Yet, even with the many victims justice is out of reach. open act of terrorism directed pri- public notice, 7,000 people in attend- Yet I believe, and this resolution lays marily against African Americans and ance, and people bragging about the ac- forth the principle, that a sincere and others who sympathized with their tivity, Federal authorities were impo- heartfelt apology is a necessary first cause. tent to stop this murder. State au- step toward real healing. If we are truly to understand the thorities seemed to condone it, and the It is important that the people of our magnitude of this tragedy, we must Senate of the United States refused to country understand the true nature of study the stories behind this grim pa- act. this unprecedented rampage of terror. rade of death. Time went on. In 1955, just 9 years be- Many Americans have images from In March of 1892, three personal fore Congress passed the Civil Rights popular books and movies, like ‘‘To friends of Ida B. Wells opened the ‘‘Peo- Act, the world witnessed the brutal Kill a Mockingbird,’’ that cloud their ple’s Grocery Company,’’ a store lo- lynching of . Fourteen

VerDate jul 14 2003 06:32 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JN6.018 S13PT1 S6366 CONGRESSIONAL RECORD — SENATE June 13, 2005 years old, Emmett Till was excited different backgrounds, came to stand community, the records show, owned about his trip from his home on Chi- up and begin to speak. They spoke with more than $2 million worth of prop- cago’s southside to the loud voices and with moving speeches erty, which was quite a large sum in Delta. Like many children during the and with great marches. those days, and dominated skilled summer, he was looking forward to vis- But the Senate of the United States, labor areas such as masonry, car- iting his relatives. Prior to his depar- one of the most noble experiments in pentry, cigar making, and shoemaking. ture, his mother, Maimie Till Bradley, democracy, continued to pretend, to That is why Louisiana’s prominent a teacher, had done her very best to ad- act like this was not happening in role in lynchings is so bitter. It mars a vise him about how to behave while in America and continued to fail to act. long history of tolerance and integra- Mississippi. With his mother’s warning It would be a mistake to look at this tion that to this day distinguishes Lou- and wearing the ring that had belonged ugly chapter in our democracy’s devel- isiana from other places in the South. to his deceased father, on August 20, opment with pity and hopelessness, Still the difficult fact remains that 1955, Till off with his cousin, Curtis however. The truth is, today’s apology only three States have had a higher in- Jones, on a train to Mississippi. should be seen as a tribute to the en- cidence than Louisiana of these occur- Once there, he and some friends went durance and the triumph of African- rences. The NAACP, which was founded to buy some candy at the general store. American families. over the issue of lynchings, recorded According to his accusers, this young There is a particular family here, the 391 such murders in my State. 14-year-old whistled at a store clerk as Crawford family. I think there are over I ask unanimous consent that a list he left. She happened to be a white 150 of them. Earlier today I talked with of all the Louisiana victims compiled woman. some of the leaders of the family. I by Professor Michael Pfeifer, author of Armed with pistols, the mob took said: What doesn’t kill you makes you ‘‘Rough Justice, Lynching and Amer- Emmett from his uncle’s home. His stronger. They nodded because that is ican Society,’’ be printed in the uncle is with us tonight. They took exactly what happened to this family. RECORD. him in the middle of the night. Three The town tried to kill this family, to There being no objection, the mate- days later his little body was discov- run them out, and, in fact, ran them rial was ordered to be printed in the ered in the Tallahatchie River, weighed out of the town, but this family just RECORD, as follows: down by a 75-pound cotton gin fan tied grew stronger, and with their love and LIST OF LOUISIANA VICTIMS around his neck with barbed wire. His lack of bitterness, but with a deter- April 24, 1878, Unidentified Man, Unidenti- face was so mutilated when Wright mination to find justice some way, fied Sugar Parish, Arson, Unknown, Un- identified the body he could only do so they are here today. In fact, it was the known. based on the ring that he had been of African Americans that July 30, 1878, Jim Beaty, Monroe, Ouachita wearing. spurred this terrible reaction to them Parish, Unknown, Black, Private. July 30, 1878, Ples Phillips, Monroe, Coincidentally, through no asking of in the first place. As I stated earlier, the early Ouachita Parish, Unknown, Black, Private. our own, but I guess it is appropriate, July 30, 1878, Tom Ross, Monroe, Ouachita the trial of his accused murderer, lynchings were not of criminals. The Parish, Unknown, Black, Private. , begins today in Mis- early lynchings were of successful July 30, 1878, Henry Atkinson, Monroe, sissippi. farmers, of successful businessmen, Ouachita Parish, Unknown, Black, Private. While the details that led to the leaders in their communities because September 14, 1878, Valcour St. Martin, lynching are not always clear from just these lynchings were an act of ter- Hahnville, St. Charles Parish, Murder, Un- rorism to make American citizens feel known, Unknown. these few that I have described, there October, 1878, Joshua Hall, Ouachita Par- is little doubt what took place at the they had no voice and no place. W.E.B. Dubois summarized the moti- ish, Unknown, Black, Mass. lynchings themselves. In most in- October, 1878, Sam Wallace, Ouachita Par- stances, prelynching newspaper no- vation behind these slayings perfectly ish, Unknown, Black, Mass. tices, school closings to allow children when he said: November 5, 1878, Unidentified Man, to view the spectacle, special order . . . [T]he South feared more than Negro Ouachita Parish, Unknown, Black, Un- trains to carry people to the event, are dishonesty, ignorance and incompetency, known. Negro honesty, knowledge, and efficiency. all part of a gruesome but true part of November 5, 1878, Unidentified Man, With slavery abolished by the Civil Ouachita Parish, Unknown, Black, Un- America’s history. known. Jazz legend Billy Holiday provided War, a group of Americans had to men- tally justify as inferior and subhuman November 5, 1878, Unidentified Man, real texture in her story and song Ouachita Parish, Unknown, Black, Un- ‘‘.’’ She defied her own those who suddenly were equals and known. record label and produced and - competitors. Having lost the war November 5, 1878, Unidentified Man, lished the song on her own, was threat- throughout the South, watching the Ouachita Parish, Unknown, Black, Un- ened with her life because she contin- progress of former slaves was simply known. ued to sing it. But like so many things, too much in that region and in other November 5, 1878, Unidentified Man, regions throughout the country, as Ouachita Parish, Unknown, Black, Un- words can’t always describe what is known. happening, even though speeches were well. As a senior Senator from the State of December 3, 1878, Moustand, Franklin, St. given, words were written, newspapers Mary Parish, Attempted , Black, Pri- were published. Louisiana, I feel compelled to spend vate. The words to the song are as follows: just a few moments, before I acknowl- December 15, 1878, Victor Bryan, New edge my friend and cosponsor in the Southern trees bear a strange fruit Roads, Pointe Coupee Parish, Murder, Black, and blood at the root, Senate, Senator GEORGE ALLEN, who Private. Black body swinging in the Southern breeze, has brought this resolution to the at- September 1, 1879, George Williams, Strange fruit hanging from the poplar trees. tention of our Senate colleagues. Ouachita Parish, Threats Against White, Black, Private. Pastoral scene of the gallant South, Louisiana has a distinct history from much of the United States due to its August 20, 1879, Ed. Rabun, Shiloh, Union The bulging eyes and the twisted mouth, Parish, Attempt to Rape, Black, Unknown. Scent of sweet and fresh, long colonial ties with both France and October 29, 1879, W.J. Overstreet, And the sudden smell of burning flesh. Spain. One consequence of this history Farmerville, Union Parish, Murder, White, Here is a fruit for the crows to pluck, is that Louisiana had more free people Mass. For the rain to gather, for the wind to suck, of color than any other Southern December 28, 1879, Dick Smith, Amite City, For the sun to rot, for a tree to drop, State. Nearly 20,000 Louisianians who Tangipahoa Parish, Murder, Black, Private. Here is a strange and a bitter crop. were largely concentrated in New Orle- December 28, 1879, Geo. Carroll, Amite Something in the way she sang this ans formed a large and very prosperous City, Tangipahoa Parish, Murder, Black, Pri- song, something in the pictures that African-American community in the vate. December 28, 1879, Harrison Johnson, described the event, must have touched 1860s. They enjoyed more rights than Amite City, Tangipahoa Parish, Murder, the heart of Americans because they most free men of color. A large per- Black, Private. began to mobilize, and men and centage spoke only French and edu- December 28, 1879, Unknown, Amite City, women, White and Black, people from cated their children in Europe. The Tangipahoa Parish, Murder, Black, Private.

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JN6.059 S13PT1 June 13, 2005 CONGRESSIONAL RECORD — SENATE S6367 November 20, 1880, Thornhill, Many, Sabine October 24, 1884, Unidentified Man, St. September 17, 1888, Jno. Johnson (Sidairo), Parish, Horse , White, Private. Tammany Parish, Murder, Black, Unknown. Ville Platte, St. Landry (now Evangeline) November 20, 1880, Fields, Many, Sabine October 24, 1884, Unidentified Man, St. Parish, Incendiary Language, Black, Ter- Parish, Horse Theft, White, Private. Tammany Parish, Murder, Black, Unknown. rorist. , 1880, James Brown, Lake Provi- October 24, 1884, Unidentified Man, St. November 9, 1888, Lulin, St. Landry Parish, dence, East Carroll Parish, Murder, White, Tammany Parish, Murder, Black, Unknown. Unknown, Black, Terrorist. Private. October 24, 1884, Unidentified Man, St. November 13, 1888, Unidentified Man, April 1, 1880, J. Tucker, Greensburg, St. Tammany Parish, Murder, Black, Unknown. Donaldsonville, Ascension Parish, Rape, Helena Parish, Murder, Black, Private. December 22, 1884, Wm. Fleitas, Madison- Black, Mass. December, 1880, Dr. Jones, East Carroll ville, St. Tammany Parish, Murderous As- November 22, 1888, Jerry Taylor, St. Helena Parish, Political Causes, Unknown, Un- sault, White, Unknown. Parish, Rape, Black, Private. known. January 1, 1885, Unidentified Man, Madison January 25, 1889, Samuel Wakefield, New December 20, 1880, Garnett Thompson, Parish, Trainwrecking, Unknown, Unknown. Iberia, Iberia Parish, Murder, Black, Posse. West Feliciana Parish, Insulted and Shot January 1, 1885, Unidentified Man, Madison January 29, 1889, James Rosemond, New White Man, Black, Unknown. Parish, Trainwrecking, Unknown, Unknown. Iberia, Iberia Parish, Theft, Black, Private. May 15, 1881, Cherry Nickols, Mount Leb- March 5, 1885, Unidentified Man, St. February 8, 1889, Haygood Handy, near anon, Bienville Parish, Murder and Rape, Landry Parish, Murder, Unknown, Private. Bellevue, Bossier Parish, Murder and Hog Black, Private (Mixed or Black). March 5, 1885, Unidentified Man, St. Stealing, Black, Unknown. July 19, 1881, Unidentified Man, Kingston, Landry Parish, Murder, Unknown, Private. April 14, 1889, Steve. McIntosh, Magenta De Soto Parish, Murder and Robbery, Black, April 22, 1885, Abe Jones, New Roads, Plantation, Bayou Desiard, Ouachita Parish, Private. Pointe Coupee Parish, Murder, Black, Un- Rape, Unknown, Unknown (Black). July 20, 1881, Unidentified Man, Lincoln known. April 16, 1889, Hector Junior, near New Ibe- Parish, Attempted Rape, Black, Unknown. April 22, 1885, William Pierce Mabry, near ria, Iberia Parish, Murderous Assault, Black, July 17, 1881, Spence, Frog Level, Caddo Shiloh, Union Parish, Defended Black Posse. Parish, Attempted Criminal Assault, Black, Woman from Beating, White, Unknown. May 18, 1889, Unidentified Man, near Co- Unknown. July 22, 1885, Cicero Green, Minden, Web- lumbia, Caldwell Parish, Burglary, Black, August 22, 1881, Alec Wilson, Ouachita Par- ster Parish, Murderous Assault, Black, Mass. Unknown. ish, Murder, Black, Unknown. July 22, 1885, John Figures, Minden, Web- July 11, 1889, Felix Keys, Lafayette Parish, August 22, 1881, Perry Munson, Ouachita ster Parish, Murder, Black, Mass. Murder, Black, Mass (Mixed). Parish, Murder, Black, Unknown. September 30, 1885, Sampson Harris, Winn November 16, 1889, Ed Gray, Vidalia, August 31, 1881, Caleb Jackson, Vernon, Parish, Threat to Give Evidence against Concordia Parish, Arson, Black, Private. Jackson Parish, Arson, Black, Unknown. Whitecappers, Black Terrorist. December 31, 1889, Henry Holmes, Bossier September 26, 1881, Ben Robertson, February 16, 1886, George Robinson, Mon- Parish, Murderous Assault, Black, Unknown. Jeanerette, Iberia Parish, Theft, Black, Pri- roe, Onachita Parish, Murder, Black, Mass. January 8, 1890, Henry Ward, Bayou Sara, vate. May 6, 1886, Robert Smith, St. Bernard West Feliciana Parish, Murder, Black, Pri- November 17, 1881, Stanley, Pointe Coupee Parish, Murder, Black, Private. vate. Parish, Murderous Assault, White, Private. October 18, 1886, Reeves Smith, De Soto February 18, 1890, R.F. Emerson, St. Jo- May 15, 1882, Joseph Jenkins, St. Parish, Attempted Rape, Black, Mass. seph, Tensas Parish, Murderous Assault, Martinville, St. Martin Parish, Murder, December 28, 1886, John Elia, Arcadia, White, Unknown. White, Unknown. Bienville Parish, Murder, White, Private. May 13, 1890, Phillip Williams, May 15, 1882, Eugene Azar, St. Martinville, January 8, 1887, Ike Brumfield, Tangipahoa Napoleonville, Assumption Parish, At- St. Martin Parish, Murder, Black, Unknown. Parish, Unknown, Black, Unknown. tempted Rape, Black, Mass. June 20, 1882, Ingram, St. Tammany Par- April 28, 1887, Gracy Blanton, Floyd, West June 16, 1890, George Swayze, East ish, Desperado, Unknown, Unknown. Carroll Parish, Arson and Robbery, Black, Feliciana Parish, Political Causes, White, June 20, 1882, Howard, St. Tammany Par- Private. Private (Possibly Black). ish, Desperado, Unknown, Unknown. April 28, 1887, Richard Goodwin, Floyd, June 26, 1890, John Coleman, Caddo Parish, June 20, 1882, Mack Taylor, Webster Par- West Carroll Parish, Arson and Robbery, Murder, Black, Unknown (Black). ish, Murderous Assault, Black, Mass. Black, Private. August 21, 1890, Wml. Alexander, East October 28, 1882, Wm. Harris, Lincoln Par- June 6, 1887, M.W. Washington, De Soto Baton Rouge Parish, Attempted Rape, Black, ish, Attempted Rape, Black, Posse. Parish, Burglary with Intent to Rape, Black, Private. November 7, 1882, Unidentified Man, Vi- Unknown. October 12, 1890, Frank Wooten, Claiborne enna, Lincoln Parish, Murderous Assault, June 30, 1887, James Walden, Simsboro, Parish, Arson, Black, Unknown. Black, Unknown. Lincoln Parish, Larceny, Black, Private. November 20, 1890, Unidentified Man, November 7, 1882, Unidentified Man, Vi- August 9, 1887, Thomas Scott, Morehouse southeastern East Baton Rouge Parish, Bull- enna, Lincoln Parish, Murderous Assault, Parish, Murder, White, Private. dozing, Black, Terrorist. Black, Unknown. August 11, 1887, Daniel Pleasants (alias March 14, 1891, Antoino Scoffedi, New Orle- November 18, 1882, N. David Lee, Holly Hoskins), Harding Plantation, St. Mary Par- ans, Orleans Parish, Conspiracy to Murder, Grove, Franklin Parish, Hog Theft, Black, ish, Murder, Black, Posse (Mixed). Italian, Mass (Mixed). Private. August 13, 1887, Green Hosley, Union Par- March 14, 1891, Joseph Macheca, New Orle- December 8, 1882, Tim Robinson, Bastrop, ish, Asserted Self-Respect in Dispute with ans, Orleans Parish, Conspiracy to Murder, Morehouse Parish, Murderous Assault, White, Black, Private. Italian, Mass (Mixed). Black, Unknown. October 20, 1887, Perry King, Lamar, March 14, 1891, Pietro Monasterio, New Or- December 8, 1882, Wm. Cephas, Bastrop, Franklin Parish, Attempted Rape, Black, leans, Orleans Parish, Conspiracy to Murder, Morehouse Parish, Murderous Assault, Mass. Italian, Mass (Mixed). Black, Unknown. October 20, 1887, Drew Green, Lamar, March 14, 1891, James Caruso, , December 8, 1882, Wesley Andrews, Franklin Parish, Attempted Rape, Black, Orleans Parish, Conspiracy to Murder, Bastrop, Morehouse Parish, Murderous As- Mass. Italian, Mass (Mixed). sault, Black, Unknown. November 7, 1887, Unidentified Man, Caddo March 14, 1891, Rocco Gerachi, New Orle- January 23, 1883, Henry Solomon, Bellevue, Parish, Miscegenation, Black, Unknown. ans, Orleans Parish, Conspiracy to Murder, Bossier Parish, Arson, Horse Theft, Black, December 9, 1887, Andrew Edwards, near Italian, Mass (Mixed). Private. Minden, Webster Parish, Voodoism, Black, March 14, 1891, Frank Romero, New Orle- May 13, 1883, D.C. Hutchins, Bellevue, Bos- Private (Black). ans, Orleans Parish, Conspiracy to Murder, sier Parish, Murder, White, Mass. January 28, 1888, Ben Edwards, Amite City, Italian, Mass (Mixed). July 9, 1883, Henderson Lee, Bastrop, More- Tangipahoa Parish, Criminal Assault, Black, March 14, 1891, Antonio Marchesi, New Or- house Parish, Larceny, Black, Private. Mass. leans, Orleans Parish, Conspiracy to Murder, October 12, 1883, Louis Woods, Edgerly Sta- February 9, 1888, Unidentified Man, Italian, Mass (Mixed). tion, Calcasieu Parish, Rape, Black, Un- Ponchatoula, Tangipahoa Parish, Attempted March 14, 1891, Charles Traina, New Orle- known. Rape, Black, Private. ans, Orleans Parish, Conspiracy to Murder, April 27, 1884, John Mullican, Monroe, May 6, 1888, Dave Southall, Pointe Coupee Italian, Mass (Mixed). Ouachita Parish, Murder and Robbery, Parish, Attempted Murder and Political March 14, 1891, Loretto Comitz, New Orle- White, Mass. Causes, White, Private. ans, Orleans Parish, Conspiracy to Murder, April 27, 1884, John Clark, Monroe, September, 1888, Unidentified Woman, Italian, Mass (Mixed). Ouachita Parish, Murder and Robbery/White, Breaux Bridge, St. Martin Parish, Unknown, March 14, 1891, Antonio Bagnetto, New Or- Mass. Black, Terrorist. leans, Orleans Parish, Conspiracy to Murder, April 27, 1884, King Hill, Monroe, Ouachita September 17, 1888, Louis Alfred (Jean Italian, Mass (Mixed). Parish, Murder, Unknown, Mass. Pierre Salet), Ville Platte, St. Landry (now March 14, 1891, Manuel Politz, New Orle- October 21, 1884, Charles McLean, Bellevue, Evangeline) Parish, Incendiary Language, ans, Orleans Parish, Conspiracy to Murder, Bossier Parish, Arson, White, Private. Black, Terrorist. Italian, Mass (Mixed).

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JN6.021 S13PT1 S6368 CONGRESSIONAL RECORD — SENATE June 13, 2005 May 21, 1891, Tennis Hampton, Gibsland, November 1, 1892, Son of Hastings, December 28, 1894, Scott Sherman, Bienville Parish, Murder, Black, Private. Catahoula Parish, Son of Murderer, Black, Concordia Parish, Brother of Murderer, May 23, 1891, William Anderson, Caddo Par- Private. Black, Posse (Possibly Black). ish, Murder, Black, Posse. Noevmber 4, 1892, John Hastings, June 24, 1895, John Frey, Jefferson Parish, May 23, 1891, John Anderson, Caddo Parish, Catahoula Parish, Murder, Black, Private. Arson, White, Private. Murder, Black, Posse. November 29, 1892, Richard Magee, Bossier July 19, 1895, Ovide Belizaire, Lafayette June 2, 1891, Samuel Hummell, Hermitage, Parish, Murder, Black, Unknown. Parish, Shot at Whites, Black, Terrorist. Pointe Coupee Parish, Murder, Black, Un- November 29, 1892, Carmichael, Bossier September 18, 1895, Unidentified Man, Bos- known. Parish, Complicity in Murder, Black, Un- sier Parish, Rape, Black, Mass. June 2, 1891, Alex Campbell, Hermitage, known. September 21, 1895, Edward Smith, Pointe Coupee Parish, Murder, Black, Un- December 28, 1892, Lewis Fox, St. Charles Tangipahoa Parish, Murder and Robbery, known. Parish, Murder, Robbery, Black, Private. Black, Mass. June 2, 1891, Unidentified Man, Hermitage, Decmber 28, 1892, Adam Gripson, St. September 25, 1895, Aleck Francis, Jeffer- Pointe Coupee Parish, Murder, Black, Un- Charles Parish, Murder, Robbery, Black, Pri- son Parish, Dangerous Character, Black, Pri- known. vate. vate. September 8, 1891, Unidentified Man, near January 8, 1893, Unidentified Man, Union January 10, 1896, Abraham Smart, Arcadia, Bienville Parish, Rape, Black, Parish, Murderous Assault, Black, Unknown. Ouachita Parish, Murder, Black, Unknown. Posse. January 20, 1893, Robert Landry, St. James January 12, 1896, Charlotte Morris, Jeffer- October 19, 1891, John Rush, Caldwell Par- Parish, Murder, Robbery, Black, Private. son Parish, Miscegenation, Black, Private. January 20, 1893, Chicken George, St. ish, Murder, White, Private. January 12, 1896, Patrick Morris, Jefferson James Parish, Murder, Robbery, Black, Pri- October 28, 1891, Jack Parker, Covington, Parish, Miscegenation, White, Private. St. Tammany Parish, Murder, Black, Mass vate. February 28, 1896, Gilbert Francis, St. January 20, 1893, Richard Davis, St. James (Black). James Parish, Rape and Burglary, Black, October 29, 1891, Unidentified Man, ‘‘the Parish, Murder, Robbery, Black, Private. January 25, 1893, Wm. Fisher, Orleans Par- Private. Poole place,’’ Bossier Parish, Outrageous February 28, 1896, Paul Francis, St. James ish, Stabbing of White Woman, Murder, Act, Black, Mass (Mixed). Parish, Rape and Burglary, Black, Private. November 4, 1891, J.T. Smith, near Bastrop, Black, Posse. May 6, 1893, Holloway, Assumption March 11, 1896, Bud Love, Morehouse Par- Morehouse Parish, Murder, Black, Mass. ish, Theft, Black, Private. November 4, 1891, W.S. Felton, near Parish, Rape, Black, Unknown. July 13, 1893, Meredith Lewis, Tangipahoa March 24, 1896, Louis Senegal, Lafayette Bastrop, Morehouse Parish, Murder, Black, Parish, Rape, Black, Private. Mass. Parish, Murder, Black, Private (Black). September 16, 1893, Valsin Julian, Jefferson May 17, 1896, Unidentified Man, Bossier November 10, 1891, John Cagle, near Parish, Insulted White Woman, Black, Posse. Homer, Claiborne Parish, ‘‘Bad Negro,’’ Parish, Brother of Murderer, Black, Private. September 16, 1893, Paul Julian, Jefferson May 19, 1896, James Dandy, St. Bernard Black, Unknown. Parish, Attempted Rape, Black, Private. November 27, 1891, John Maxey, Many, Parish, Brother of Murderer, Black, Private. September 16, 1893, Basile Julian, Jefferson June 9, 1896, Wallis Starks, St. Mary Par- Sabine Parish, Criminal Assault, Black, Pri- Parish, Brother of Murderer, Black, Private. ish, Rape and Robbery, Black, Posse. vate. September 29, 1893, Henry Coleman, Bossier July 11, 1896, James Porter, Webster Par- December 27, 1891, Unidentified Man, Black Parish, Attempted , Black, ish, Murder, Black, Private. Water Plantation, Concordia Parish, Acces- Mass. July 11, 1896, Monch Dudley, Webster Par- sory to Murder, Black, Unknown. October 19, 1893, Unidentified Man, Bossier ish, Murder, Black, Private. January 7, 1892, Horace Dishroon, Rayville, Parish, Stock Theft, Black, Unknown July 24, 1896, Isom McGee, Claiborne Par- Richland Parish, Murder, Robbery, Black, (Mixed). ish, Attempted Rape, Black, Unknown. Mass. October 19, 1893, Unidentified Man, Bossier July 31, 1896, Louis Mullens, Avoyelles Par- January 7, 1892, Eli Foster, Rayville, Rich- Parish, Stock Theft, Black, Unknown ish, Attempted Rape, White, Private. land Parish, Murder, Robbery, Black, Mass. (Mixed). August 4, 1896, Hiram Weightman, Frank- January 9, 1892, Nathan Andrews, Bossier December 27, 1893, Tillman Green, Caldwell lin Parish, Murder and Rape, Black, Mass. Parish, Murder, Black, Posse. Parish, Attempted Rape, Black, Private. August 8, 1896, Lorenzo Saladino, St. January 11, 1892, Undentified Man, Bossier January 18, 1894, Unidentified Man, West Charles Parish, Murder and Robbery, Italian, Parish, Murder, Robbery, Black, Private Feliciana Parish, Arson and Murder, Black, Mass. (Black). Unknown. August 8, 1896, DeCino Sorcoro, St. Charles March 12, 1892, Ella, near Rayville, Rich- April 23, 1894, Samuel Slaughter, Madison Parish, Murder and Robbery, Italian, Mass. land Parish, Attempted Murder, Black, Pri- Parish, Murder and Insurrection, Black, August 8, 1896, Angelo Marcuso, St. Charles vate. Mass. Parish, Murder and Robbery, Italian, Mass. March 26, 1892, Dennis Cobb, Bienville Par- April 23, 1894, Thomas Claxton, Madison September 12, 1896, Jones McCauley, ish, Unknown, Black, Terrorist. Parish, Murder and Insurrection, Black, Ouachita Parish, Sexual Assault, Black, Un- March 27, 1892, Jack Tillman, Jefferson Mass. known (Mixed or Black). Parish, Argued with and Shot White Men, April 23, 1894, David Hawkins, Madison September 24, 1896, Jim Hawkins, Jefferson Black, Terrorist. Parish, Murder and Insurrection, Black, April 6, 1892, Unidentified Man, Grant Par- Parish, Assaulted Boy, Black, Private. Mass. October 1, 1896, Lewis Hamilton, Bossier ish, Murder, Black, Posse. April 27, 1894, Shell Claxton, Madison Par- April 6, 1892, Unidentified Man, Grant Par- Parish, Arson, Black, Unknown. ish, Murder and Insurrection, Black, Mass. December 22, 1896, Jerry Burke, Livingston ish, Murder, Black, Posse. April 27, 1894, Tony McCoy, Madison Par- April 6, 1892, Unidentified Man, Grant Par- Parish, Attempted Murder, Black, Posse. ish, Murder and Insurrection, Black, Mass. January 17, 1897, Unidentified Man, ish, Murder, Black, Posse. April 27, 1894, Pomp Claxton, Madison Par- April 6, 1892, Unidentified Man, Grant Par- Iberville Parish, Attempted Murder and Rob- ish, Murder and Insurrection, Black, Mass. bery, Black, Unknown. ish, Murder, Black, Posse. April 27, 1894, Scott Harvey, Madison Par- January 19, 1897, Gustave Williams, April 23, 1892, Free1an, Pointe Coupee Par- ish, Murder and Insurrection, Black, Mass. Tangipahoa Parish, Murder, Black, Mass. ish, Murder and Extortion, White, Posse. May 23, 1894, George Paul, Pointe Coupee January 19, 1897, Archie Joiner, May 28, 1892, Walker, Bienville Parish, Im- Parish, Offended White Man, Black, Un- Tangipahoa Parish, Murder, Black, Mass. proper Relations with White Girl, Black, Un- known. known. June 10, 1894, Mark Jacobs, Bienville Par- January 19, 1897, John Johnson, September 2, 1892, Edward Laurent, ish, Unknown, Black, Terrorist. Tangipahoa Parish, Murder, Black, Mass. Avoyelles Parish, Aiding Murderer, Black, June 14, 1894, John Day, Ouachita Parish, May 11, 1897, Charles Johnson, East Terrorist. Arson, White, Unknown. Feliciana Parish, Attempted Trainwrecking, September 5, 1892, Gabriel Magliore, July 23, 1894, Vance McClure, Iberia Parish, Black, Private. Avoyelles Parish, Threats to Kill, Black, Attempted Rape, Black, Private. July 21, 1897, Jack Davis, St. Mary Parish, Terrorist. September 9, 1894, Link Waggoner, Webster Criminal Assault, Black, Posse. September 7, 1892, Henry Dixon, Jefferson Parish, Murderous Assault, White, Private. September 28,1897, Wm. Oliver, Jefferson Parish, Murder, Theft, Black, Private. September 10, 1894, Robert Williams, Parish, Ferry Law Violation and Dangerous September 13, 1892, Eli Lindsey, Morehouse Concordia Parish, Murder, Black, Unknown Weapon Charge, Black, Private. Parish, Murder, Black, Unknown (Black). (Black). October 2, 1897, Wash Ferren, Ouachita September 27, 1892, Benny Walkers, November 9, 1894, Charlie Williams, West Parish, Rape, Black, Mass. Concordia Parish, Attempted Criminal As- Carroll Parish, Murder and Robbery, Latino, October 15, 1897, Douglas Boutte, Jefferson sault, Black, Mass. Unknown. Parish, Violated Quarantine and Resisted October 21, 1892, Thomas Courtney, November 9, 1894, Lawrence Younger, West Arrest, Black, Private. Iberville Parish, Shot Man, Black, Posse. Carroll Parish, Murder, Black, Unknown. December 13, 1897, Joseph Alexander, November 1, 1892, Daughter of Hastings, December 23, 1894, George King, St. Ber- Iberville Parish, Murder, Black, Mass. Catahoula Parish, Daughter of Murderer, nard Parish, Threat to Kill and Resisted Ar- December 13, 1897, Charles Alexander, Black, Private. rest and Shot at Whites, Black, Mass. Iberville Parish, Murder, Black, Mass.

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JN6.022 S13PT1 June 13, 2005 CONGRESSIONAL RECORD — SENATE S6369 Decmber 13, 1897, James Thomas, Iberville October 25, 1901, Wm. Morris, Washington March 18, 1906, Wm. Carr, Iberville Parish, Parish, Murder, Black, Mass. Parish, Assault and Robbery, Black, Un- Theft, Black, Private. April 2, 1898, Wm. Bell, Tangipahoa Parish, known. March 28, 1906, Cotton, West Carroll Par- Accessory to Murder, Black, Private. November 2, 1901, Connelly, Washington ish, Attempted Criminal Assault, Black, Un- April 23, 1898, Columbus Lewis, Lincoln Parish, Threats Against Whites, Black, known. Parish, Impudence to White Man, Black, Pri- Posse. May 6, 1906, George Whitner, East vate. November 2, 1901, Parker, Washington Par- Feliciana Parish, Insulted White Woman, June 4, 1898, Wm. Steake, Webster Parish, ish, Threats Against Whites, Black, Posse. Black, Unknown. Rape, Black, Mass. November 2, 1901, Low, Washington Parish, May 22, 1906, Thomas Jackson, Caddo Par- June 11, 1898, Unidentified Man, Morehouse Threats Against Whites, Black, Posse. ish, Robbery, Black, Private. Parish, Murderous Assault, Black, Posse. November 2, 1901, Connelly’s Daughter, May 29, 1906, Robert Rogers, Madison Par- November 3, 1898, Charles Morrell, St. John Washington Parish, Threats Against Whites, ish, Murder, White, Private. Parish, Robbery, Black, Private. Black, Posse. July 11, 1906, Unidentified Man, Claiborne December 5, 1898, Bedney Hearn, Bossier November 2, 1901, Woman, Washington Par- Parish, Attempted Criminal Assault, Black, Parish, Murder, Black, Unknown. ish, Threats Against Whites, Black, Posse. Unknown. December 5, 1898, John Richardson, Bossier November 2, 1901, Child, Washington Par- August 26, 1906, Alfred Schaufriet, Parish, Murder, Black, Unknown. ish, Threats Against Whites, Black, Posse. Ouachita Parish, Attempted Criminal As- June 14, 1899, Edward Gray, St. John Par- November 2, 1901, Unidentified Person, sault, Black, Posse. ish, Burglary, Black, Private. Washington Parish, Threats Against Whites, November 25, 1906, Antone Domingue, La- July 11, 1899, George Jones, St. Charles Black, Posse. fayette Parish, Fought Whitecappers, Black, Parish, Horse Theft, Black, Private (Black). November 24, 1901, Frank Thomas, Bossier Terrorist. July 21, 1899, Joseph Cereno, Madison Par- Parish, Murder, Black, Mass (Black). March 15, 1907, Flint Williams, Ouachita ish, Shooting Man, Italian, Mass. December 8, 1901, Sol Paydras, Calcasieu Parish, Murder, Murderous Assault, Rob- July 21, 1899, Charles Defatta, Madison Parish, Assault, Black, Private. Parish, Shooting Man, Italian, Mass. January 25, 1902, Unidentified Man, West bery, Black, Unknown. July 21, 1899, Frank Defatta, Madison Par- Carroll Parish, Murder and Theft, Black, March 15, 1907, Henry Gardner, Ouachita ish, Shooting Man, Italian, Mass. Posse. Parish, Murder and Murderous Assault and July 21, 1899, Joseph Defatta, Madison Par- January 25, 1902, Unidentified Man, West Robbery and Rape, Black, Unknown. ish, Shooting Man, Italian, Mass. Carroll Parish, Murder and Theft, Black, April 16, 1907, Charles Straus, Avoyelles July 21, 1899, Sy Defrroch, Madison Parish, Posse. Parish, Attempted Criminal Assault, Black, Shooting Man, Italian, Mass. January 25, 1902, Unidentified Man, West Private. August 2, 1899, Man Singleton, Grant Par- Carroll Parish, Murder and Theft, Black, April 18, 1907, Frederick Kilbourne, East ish, Attempted Rape, Black, Unknown. Posse. Feliciana Parish, Attempted Rape, Black, Augsut 8, 1899, Echo Brown, Tangipahoa March 19, 1902, John Woodward, Concordia Mass. Parish, Unknown, Black, Unknown. Parish, Murder, Black, Unknown. May 3, 1907, Silas Faly, Bossier Parish, October 10, 1899, Basile LaPlace, St. March 31, 1902, George Franklin Carroll Rape, Black, Unknown. Charles Parish, Political Causes and Illicit Parish, Murder Black, Posse Unknown. June 1, 1907, Henry Johnson, Rapides Par- Liaison, White, Private. April 12, 1902, Unidentified Man, ish, Attempted Criminal Assault, Black, Pri- October 15, 1899, James Smith, East Natchitoches Parish, Murder, Black, Un- vate. Feliciana Parish, Cattle Rustling and known. June 8, 1907, James Wilson, Claiborne Par- Desperadoism, White, Private. May 4, 1902, John Simms, Morehouse Par- ish, Attempted Criminal Assault, Black, Un- December 13, 1899, Unidentified Man, More- ish, Complicity in Murder, White, Unknown. known. house Parish, Rape, Unknown. May 9, 1902, Nicholas Deblanc, Iberia Par- June 27, 1907, Ralph Dorans, Rapides Par- April 21, 1900, John Humely, Bossier Par- ish, Attempted Rape, Black, Posse. ish, Rape, Black, Unknown. ish, Conspiracy to Murder, Black, Mass. , 1902, Henry Benton, Claiborne June 28, 1907, Mathias Jackson, Rapides April 21, 1900, Edward Amos, Bossier Par- Parish, Criminal Assault, Black, Posse. Parish, Rape, Black, Private. ish, Conspiracy to Murder, Black, Mass. October 13, 1902, Unidentified Man, December 5, 1907, Unidentified Man, More- May 12, 1900, Henry Harris, Rapides Parish, Calcasieu Parish, Attempted Murder, Black, house Parish, Murderous Assault, Black, Un- Attempted Criminal Assault, Black, Mass. Posse. known. June 12, 1900, Ned Cobb, West Baton Rouge November 25, 1902, Joseph Lamb, West December 15, 1907, Unidentified Man, Jack- Parish, Murder, Black, Unknown. Feliciana Parish, Attempted Robbery and son Parish, Being an Italian Worker, Italian, June 23, 1900, Frank Gilmour, Livingston Criminal Assault, Black, Private. Unknown. Parish, Murder, White, Private. January 26, 1903, John Thomas, St. Charles December 15, 1907, Unidentified Man, Jack- August 29, 1900, Thomas Amos, Rapides Parish, Murder, Black, Posse. son Parish, Being an Italian Worker, Italian, Parish, Murder, Black, Mass. February 24, 1903, Jim Brown, Bossier Par- Unknown. September 21, 1900, George Beckham, ish, Attempted Murder, Black, Posse. February 6, 1908, Robert Mitchell, West Tangipahoa Parish, Robbery, Black, Private. March 27, 1903, Frank Robertson, Bossier Carroll Parish, Murder, Black, Mass. September 21, 1900, Nathaniel Bowmam, Parish, Arson, Black, Unknown. June 4, 1908, Bird Cooper, Claiborne Parish, Tangipahoa Parish, Robbery, Black, Private. June 12, 1903, Frank Dupree, Rapides Par- Murder, Black, Unknown. September 21, 1900, Charles Elliot, ish, Murder, Black, Unknown. July 16, 1908, Miller Gaines, Catahoula Par- Tangipahoa Parish, Robbery, Black, Private. June 25, 1903, Lamb Whitley, Catahoula ish, Arson, Black, Unknown. September 21, 1900, Izaih Rollins, Parish, Murderous Assault, Black, Unknown. July 16, 1908, Sam Gaines, Catahoula Par- Tangipahoa Parish, Robbery, Black, Private. July 26, 1903, Jennie Steer, Caddo Parish, ish, Arson, Black, Unknown. October 19, 1900, Melby Dotson, West Baton Murder, Black, Private. Rouge Parish, Murder, Black, Mass. October 18, 1903, George Kennedy, Bossier July 16, 1908, Albert Godlin, Catahoula Par- January 24, 1901, Larkington, Webster Par- Parish, Attempt to Kill, Black, Posse. ish, Inciting Arson, Black, Unknown. ish, Attempted Criminal Assault, Black, Un- November 2, 1903, Joseph Craddock, Bossier July 26, 1908, Andrew Harris, Caddo Parish, known. Parish, Murder, Black, Mass (Black). Attempted Rape, Black, Private. February 17, 1901, Thomas Jackson, St. November 30, 1903, Walter Carter, Caddo September 16, 1908, John Miles, Pointe John Parish, Murder, Black, Mass. Parish, Murderous Assault, Black, Mass. Coupee Parish, Murderous Assault and Rob- February 21, 1901, Thomas Vital, Calcasieu November 30, 1903, Phillip Davis, Caddo bery, Black, Mass. Parish, Criminal Assault, Black, Unknown. Parish, Murderous Assault, Black, Mass. July 30, 1909, Emile Antoine, St. Landry February 21, 1901, Samuel Thibodaux, November 30, 1903, Clinton Thomas, Caddo Parish, Robbery and Shot White Man, Black, Calcasieu Parish, Defending Rapist, Black, Parish, Murderous Assault, Black, Mass. Private. Unknown. January 14, 1904, Butch Riley, Madison July 30, 1909, Onezime Thomas, St. Landry March 6, 1901, William Davis, Caddo Parish, Parish, Murderous Assault, Black, Unknown. Parish, Robbery and Shot White Man, Black, Rape, Black, Private. May 29, 1904, Frank Pipes, Rapides Parish, Private. May 1, 1901, Grant Johnson, Bossier Parish, Shooting Man, Black, Private. September 6, 1909, Henry Hill, Franklin Desperate Negro Gambler, Black, Private. April 26, 1905, Richard Craighead, Claiborne Parish, Attempted Rape, Black, Posse. May 3, 1901, Felton Brigman, Caddo Parish, Parish, Murder, White, Mass.÷ October 7, 1909, Ap Ard, St. Helena Parish, Rape, Black, Private (Black). June 1, 1905, Henry Washington, Pointe Murderous Assault, Black, Unknown. June 19, 1901, F.D. Frank Smith, Bossier Coupee Parish, Murder, Black, Posse. October 7, 1909, Mike Rodrigauez, Vernon Parish, Complicity in Murder, Black, Mass. August 12, 1905, Unidentified Man, Jackson Parish, Robbery, White, Unknown. June 19, 1901, F.D. McLand, Bossier Parish, Parish, Murderous Assault, Black, Posse. October 28, 1909, Joseph Gilford, West Car- Complicity in Murder, Black, Mass. November 26, 1905, Monroe Williams, roll Parish, Murder and Theft, Black, Mass. July 15, 1901, Lewis Thomas, Richland Par- Tangipahoa Parish, Criminal Assault, Black, October 28, 1909, Alexander Hill, West Car- ish, Murderous Assault, Black, Unknown. Unknown. roll Parish, Murder and Theft, Black, Mass. July 19, 1901, Unidentified Man, Acadia February 24, 1906, Willis Page, Bienville November 20, 1909, Wm. Estes, Richland Parish, , Shot Officer, Black, Posse. Parish, Rape, Black, Mass. Parish, Murder, Black, Posse.

VerDate jul 14 2003 06:32 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JN6.023 S13PT1 S6370 CONGRESSIONAL RECORD — SENATE June 13, 2005 November 27, 1909, Simmie Thomas, Caddo February 26, 1918, James Lewis, Richland I said earlier today people are enti- Parish, Rape, Black, Mass. Parish, Murder, Black, Unknown. tled to their own opinions. But they July 10, 1910, J.C. Freeman, Richland Par- March 16, 1918, George McNeal, Ouachita are not entitled to their own facts. And ish, Murder, White, Private. Parish, Rape, Black, Private. January 20, 1911, Oval Poulard, Evangeline April 22, 1918, Clyde Williams, Ouachita the facts about this terrible domestic Parish, Shot Deputy Sheriff, Black, Private. Parish, Murderous Assault and Robbery, terrorism and rash of terrorism stand July 24, 1911, Miles Taylor, Claiborne Par- Black, Private. today and will not be pushed aside. It ish, Murder, Black, Posse. June 18, 1918, George Clayton, Richland is with humility but with pride that I April 9, 1912, Thomas Miles, Caddo Parish, Parish, Murder, Black, Posse. support and put forth before the Senate Insulted White Woman in Letters, Black, August 7, 1918, Bubber Hall, Morehouse today, with the Senator from Virginia, Private. Parish, Criminal Assault, Black, Unknown. this resolution. April 23, 1912, Unidentified Man, Richland January 18, 1919, Henry Thomas, Red River The junior Senator from Louisiana is Parish, Threats Against Whites, Black, Parish, Murder, Black, Posse. Mass. January 29, 1919, Sampson Smith, Caldwell an original cosponsor of this resolu- May 2, 1912, Ernest Allums, Bienville Par- Parish, Murder, Black, Unknown. tion, as are a number of sons of the ish, Writing Insulting Letters to White February 14, 1919, Will Faulkner, Bossier South. Furthermore, in Louisiana’s Women, Black, Private. Parish, Murder, Black, Private. legislature in Baton Rouge, a very September 25, 1912, Samuel Johnson, De April 29, 1919, George Holden, Ouachita similar resolution passed today. Thus, Soto Parish, Murder, Black, Private. Parish, Wrote Insulting Note to White the people of Louisiana can truly say November 28, 1912, Mood Burks, Bossier Woman, Black, Unknown. Parish, Murderous Assault, Black, Private. we are trying to open a dialogue, and August 26, 1919, Jesse Hammett, Caddo bring closure to a bitter history. November 28, 1912, Jim Hurd, Bossier Par- Parish, Attempted Rape, Black, Mass. ish, Murderous Assault, Black, Private. August 31, 1919, Lucius McCarty, Wash- This is a particularly important step November 28, 1912, Silas Jimmerson, Bos- ington Parish, Attempted Rape, Black, Mass. for the South. For while lynchings oc- sier Parish, Murderous Assault, Black, Pri- September 6, 1919, Unidentified Man, More- curred in 46 of the 50 States, and people vate. house Parish, Attempted Criminal Assault, of all races were affected, it would be a December 23, 1912, Norm Cadore, West Black, Private. mischaracterization to suggest that Baton Rouge Parish, Murder, Black, Private. September 13, 1919, Unidentified Man, this was not a weapon of terror most February 14, 1913, Charles Tyson, Caddo Catahoula Parish, Hiding Under Bed, Black, Parish, Unknown, Unknown (Possibly often employed in the South, and most Unknown. often against African Americans. That Black). January 31, 1921, George Werner, Iberville August 27, 1913, James Comeaux, Jefferson Parish, Shot Man, Black, Unknown. is why I am so glad to be joined in this Davis Parish, Assault, Black, Private. September 14, 1921, Gilmon Holmes, endeavor by the junior Senator from October 22, 1913, Warren Eaton, Ouachita Caldwell Parish, Murder, Black, Unknown. Virginia, Mr. Allen. He has been instru- Parish, Improper Proposal, Black, Private. March 11, 1922, Brown Culpeper, Franklin mental in getting us to this point of December 16, 1913, Ernest Williams, Caddo Parish, Unknown, White, Unknown. Parish, Murder and Robbery, Black, Private. consideration, and I truly appreciate July 6, 1922, Joe Pemberton, Bossier Par- his hard work and dedication to our December 16, 1913, Frank Williams, Caddo ish, Murderous Assault, Black, Unknown. Parish, Murder and Robbery, Black, Private. joint effort. August 24, 1922, F. Watt Daniel, Morehouse It is also important to acknowledge May 8, 1914, Sylvester Washington, St. Parish, Angered Klan, White, Unknown. James Parish, Murder, Black, Posse. August 24, 1922, Thomas F. Richards, More- the bravery of those who took personal May 12, 1914, Earl Hamilton, Caddo Parish, house Parish, Angered Klan, White, Un- risks long before this day in opposition Rape, Black, Mass. known. to lynching. First and foremost, we August 5, 1914, Oli Romeo, St. Tammany August 26, 1922, Thomas Rivers, Bossier must acknowledge the pioneering jour- Parish, Murder, Black, Mass. Parish, Attempted Rape, Black, Private. August 6, 1914, Henry Holmes, Ouachita nalism of Ida B. Wells. Though person- January 3, 1923, Leslie Leggett, Caddo Par- Parish, Murder, Robbery, Black, Private. ally threatened with death, Ms. Wells August 7, 1914, Dan Johnson, Ouachita Par- ish, Intimate with White Girl, Black, Pri- continued to document these outrages ish, Complicity in Murder, Black, Mass. vate. before justice, so that future genera- August 7, 1914, Louis Pruitt, Ouachita Par- February 26, 1925, Joseph Airy, Bossier Parish, Murder, Black, Unknown. tions might know the history of this ish, Complicity in Murder, Black, Mass. era. It should be noted that it was her August 9, 1914, Unidentified Man, Ouachita August 4, 1926, Johnny Norris, De Soto Parish, Murder, Black, Unknown. Parish, Improper Advances to Girl, Black, example that led other women, such as December 2, 1914, Jobie Lewis, Caddo Par- Posse. Jane Adams, to join in her fight ish, Murder and Robbery and Arson, Black, April 16, 1927, Willie Autrey, Calcasieu Par- against lynching. In fact, women, gen- Private. ish, Peeping Tom, Black, Private. erally, are viewed as having played a December 2, 1914, Elijah Durden, Caddo June 2, 1928, Lee Blackman, Rapides Par- major role in the antilynching cam- ish, Brother of Murderer, Black, Private. Parish, Murder and Robbery and Arson, paign. Black, Private. June 2, 1928, David Blackman, Rapides Par- ish, Brother of Murderer, Black, Private. There was tremendous political cour- December 11, 1914, Charles Washington, age shown in Georgia. Georgia was the Caddo Parish, Murder and Robbery, Black, February 19, 1933, Nelson Cash, Bienville Private. Parish, Murder and Robbery, Black, Un- first State to adopt antilynching legis- December 11, 1914, Beard Washington, known. lation in 1893. Yet, the State continued Caddo Parish, Murder and Robbery, Black, August 26, 1933, John White, St. Landry to experience a disproportionate share Private. Parish, Unknown, Black, Unknown. of lynching attacks. However, starting December 12, 1914, Watkins Lewis, Caddo September 11, 1933, Freddy Moore, Assump- with Governor Northen in 1890, several Parish, Murder and Robbery, Black, Mass. tion Parish, Murder, Black, Unknown. July 21, 1934, Jerome Wilson, Washington of Georgia’s Governors fought lynch vi- July 15, 1915, Thomas Collins, Avoyelles olence in their State resolutely. In Parish, Murderous Assault, Black, Posse. Parish, Murder, Black, Private. August 21, 1915, Bob, Red River Parish, At- October 13, 1938, W.C. Williams, Lincoln many cases it came at personal cost. tempted Rape, Black, Unknown. Parish, Murder and Murderous Assault, Gov. William Atkinson, having left the August 26, 1916, Jesse Hammett, Caddo Black, Mass. Governor’s mansion, personally chal- Parish, Attempted Rape, Black, Mass. August 8, 1946, John Jones, Webster Parish, lenged a lynch mob of 2,000 people in November 15, 1916, James Grant, St. Intent to Rape, Black, Private. his home town. It is a record of polit- Landry Parish, Murder, Black, Private. Ms. LANDRIEU. It is also true that ical leadership upon which Georgia can December 28, 1917, Emma Hooper, members of the Senate delegation from now proudly reflect. Tangipahoa Parish, Murderous Assault, Black, Unknown. Louisiana participated in the actions Another great voice in the July 29, 1917, Daniel Rout, Tangipahoa Par- that led us to not act. antilynching crusade was Congressman ish, Murder, Black, Private. However, I am very proud to stand George White of Tarboro, NC. He was July 29, 1917, Jerry Rout, Tangipahoa Par- here with my colleague from Virginia the last former slave to serve in Con- ish, Murder, Black, Private. and to note that the other Senator gress—ending his congressional career January 26, 1918, James Nelson, Bossier from Louisiana, a Republican, stands in 1901. He introduced an anti-lynching Parish, Living with White Woman, Black, with me. We are united in our support bill to stem the rising tide of violence, Private. February 26, 1918, James Jones, Richland of this resolution to offer the sincere with 107 attacks having occurred in Parish, Murder, Black, Unknown. apology to try to bring to light the 1899. While his bill was defeated in the February 26, 1918, Wm. Powell, Richland facts about lynching, to encourage peo- House of Representatives, he initiated Parish, Murder, Black, Unknown. ple to seek the truth. one of its first political considerations.

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JN6.025 S13PT1 June 13, 2005 CONGRESSIONAL RECORD — SENATE S6371 Finally, we cannot ignore the Sen- Mr. ALLEN. Mr. President, I rise fortunately, this August body has a ate’s own passionate voices to end the today to speak in support of the resolu- stain on its history, and that stain is practice of lynching. Senator Champ tion of apology that Senator LANDRIEU lynching. Americans died from hang- Clark of Missouri famously posted of Louisiana and I have submitted. I ings, from whippings, from a torch, photos of a recent Mississippi lynching thank the Senator from Louisiana for from evil hearts outside of this Cham- in the Democratic cloakroom with the her leadership on this matter. It has ber. caption: There have been no arrests, no been a pleasure to work with her on Three-fourths of the victims of these indictments, and no convictions of any this and other matters, but this is un- injustices—and these have been docu- one of the lynchers. This is not a rape doubtedly the most historic. mented and researched by the re- case. Regrettably, those photos and his I got involved in this because I re- spected archives of the Tuskegee Insti- convictions could not bring these ter- ceived a letter from Dick Gregory. I tute—were perpetrated against African rible events to a close. We also salute know Members of the Senate received Americans. Mr. President, 4,749 Ameri- the efforts of Senators Robert Wagner thousands of letters and e-mails and cans died by lynching, whipping, tor- of New York and Edward Costigan of phone calls. He asked me to join with turing, and mutilation, starting in Colorado. The Wagner-Costigan bill Senator LANDRIEU last year on this. He 1882. Many times these lynchings were was yet another noble effort to inject was signing this letter on behalf of Dr. Federal resources into combating not lone acts by a few white men. E. Faye Williams, Martin Luther King Rather, they were angry gangs, as Sen- lynching. While it was again filibus- III, Dr. C. DeLores Tucker, and others. tered, it was another noble effort that ator LANDRIEU talked about. They were But he asked me. He said: occasions, they were events, mobs who demonstrated that people of good will I respectfully ask you to serve as an origi- remained the majority. were whipped into frenzies by the nal cosponsor of the Landrieu resolution. skewed mentalities of what is right and Because of the courage of these and . . . We realize life will go on and your world other individuals, by the 1930s public will not be affected if you choose to do noth- what is wrong. opinion had turned against lynching. ing. These cruel and unjust acts are so In 1938, a national survey showed that That struck me as: Well, I am going contrary to the rule of law, due proc- 70 percent of Americans supported the to choose to do something. He asked ess, and equal protection that we pride enactment of an antilynching statute. me to sponsor this on the Republican ourselves on in the United States. Even in the South, at least 65 percent side ‘‘because it is the right thing to Again, three-quarters of the victims of these surveyed favored its passage. do.’’ were African Americans. But this ha- In short, even if southern Senators had That says it all, really, when we see tred also was perpetrated against those the political latitude to endorse Fed- an affront to the basic principles that who are Asian, primarily Chinese; eral antilynching legislation, most were enunciated in the spirit of this against American Indians; against seemed to be too mired in personal country in the Declaration of Inde- Latinos; against Italians; and against prejudice to accept that fact. Where pendence. When we seceded from Brit- people who are Jewish; and others who these southern Senators were con- ain, we talked about freedom, liberty, found themselves unprotected. cerned, justice was mostly deaf, but and justice, trying to constitute that Mr. President, Senator LANDRIEU and never color blind. here in this country, fighting for so In closing, I would like to acknowl- I, as well as my colleagues who are edge several members of my staff: many years to free ourselves from the joining us right now in the Chamber— Jason Matthews, Kathleen Strottman, monarch to construct a free and just Senator KERRY and Senator PRYOR— Nash Molphus, Sally Richardson, and society, with freedom of , free- are rising this evening to make his- many others, who have helped, along dom of expression, due process of law, tory, to try to right history. We are with others, put this resolution before equal protection, as well as the rule of standing to give our heartfelt and for- the Senate today. law. mal apology, not for what anybody I want to end with one of the most In so many of those key pillars of a here presently in the Senate had done, moving comments that I read in the free and just society, when one looks at but what this body, this continuous book ‘‘Without Sanctuary,’’ as I have what happened with the lynchings, the body, failed to do in the past. And it is read excerpts from publications and torchings, the whippings to death of an apology to all the victims and de- magazines and newspapers about this people because of their race, because of scendants of those who were lynched, situation, and have been reading them their religion, because of their eth- who were whipped to death, who were now for months on this issue. It is nicity, the cold-hearted hatred of it, torched to death, who were mutilated taken from McClure’s Magazine, in and the countenance of it—and the fact to death. 1905, by Ray Stannard Baker, who that this wonderful Senate, with these Many of the victims’ descendants are wrote about one of the lynchings—I historic desks where you can pull out currently watching in our gallery. This think it was of a Mr. Curtis. I will sub- drawers and see some of the great is a somber, not happy time but also mit that for the RECORD. He says: minds, the great orators of our history one of reflection. It is one of the fail- So the mob came finally, and cracked the who had argued magnificently and in- ures of the Senate to take action when door of the jail with a railroad rail. The jail spiringly things on this Senate floor— action was most needed. It was a time is said to be the strongest in Ohio, and hav- you see there were times in our history ing seen it, I can well believe the report is where we were trying to make sure all when Senators ended up looking the Americans had equal opportunity. true. But steel bars have never yet kept out other way. They did not take a stand. a mob; it takes something much stronger: However, that clearly was not the case. human courage backed up by the conscious- They turned their eyes, they turned their heads when something positive Senator LANDRIEU showed those pho- ness of being right. tographs. These were vile killings. Mr. President, the Senate was wrong could have been done to disapprove, de- plore, and obviously pass a law to They captivated front-page headlines. not to act. It was wrong to not stand in They drew crowds with morbid curi- the way of the mob. We lacked courage make lynching a Federal crime. This Chamber is part of our rep- osity and left thousands and thousands, then. We perhaps do not have all the mostly African Americans, hanging courage we need today to do every- resentative democracy. We are to rep- resent the ‘‘Will of the People.’’ We are from trees or bleeding to death from thing we should do, but I know we can the lashing of whips. By not acting, apologize today. We can be sincere in also to represent those foundational principles of our country. Unfortu- this body failed to protect the liberty our apology to the families, to their of which Daniel Webster spoke. loved ones, and perhaps now we can set nately, that has not always occurred. some of these victims and their fami- Daniel Webster, standing in the Old One of those who suffered this awful lies free and, most of all, set our coun- Senate Chamber, told his colleagues in fate was an African American named try free to be better than it is today. 1834 that a ‘‘representative of the peo- Zachariah Walker, from Coatsville, However great it is, we can most cer- ple is a sentinel on the watchtower of VA. In 1911, Walker was dragged from a tainly improve. liberty.’’ Indeed, the Senate has been a hospital bed where he was recovering I yield the floor for my colleague, great watchtower of liberty. Many in- from a gunshot wound. Accused of kill- Senator ALLEN, from Virginia. dividuals have been outstanding ora- ing a white man—which he had claimed The PRESIDING OFFICER. The Sen- tors, brilliant men and women in the was in self-defense—Walker was burned ator from Virginia. world’s greatest deliberative body. Un- alive at the stake without trial.

VerDate jul 14 2003 06:32 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JN6.028 S13PT1 S6372 CONGRESSIONAL RECORD — SENATE June 13, 2005 Such horrendous acts were not just a Lynching Legislation: The Case For A lynching, their families and descend- regional phenomenon of the South. Formal Apology.’’ It states: ants. I also thank , as Sen- States such as Illinois, Ohio, , Unlike in 1935, when senators killed anti- ator LANDRIEU has, for his authorship and even the Washington, DC area ex- lynching legislation in just six days, the of ‘‘Without Sanctuary: Lynching Pho- perienced this sort of mob violence and 1937–38 filibuster took six weeks. One reason: tography in America,’’ for bringing to injustice. Lynching was not just a re- in April 1937, a Mississippi mob, in collusion us these horrendous, but important, gional problem; it was a crime with local law enforcement, removed two Af- issues and making us react, recog- throughout our Nation, which occurred rican Americans from their jail cells, nizing how violent and hate-filled they whipped them with chains, gouged out their in 46 States of our country. It was be- eyes with ice picks, and put them to death were. cause of the national scope of these with acetylene blowtorches. Senator Champ I also thank Janet Langhart Cohen atrocities that the Senate should act. Clark of Missouri posted photos of these vic- and Mark Planning for their spirited The Senate, of course, failed to pass tims’ mutilated bodies in the Senate cloak- leadership and teamwork in getting any of the nearly 200 antilynching bills room with a caption, ‘‘There have been No support for this resolution. I want to introduced in Congress during the first arrests, No indictments and No convictions share with my colleagues some ex- half of the 20th century. Three bills for any one of the lynchers. This is NOT a cerpts from Ms. Cohen’s comments. rape case. passed the House of Representatives, While some members of the Senate ques- One month later, a mob in Georgia, con- tion why so many of us have been seeking but they were filibustered on the Sen- sisting partly of women and teenage girls, the passage of this official expression of ate floor. In addition, seven Presidents forced its way into a funeral home and seized apology at this time, the real question is had asked that such laws be passed. the body of a lynched twenty-four-year-old why the Senate action was not forthcoming One might ask: What impact would African American. After dumping the body decades ago. such a Federal law have had? Would into the trunk of a car and carrying it that have saved all 4,749 people who through town in a horn-blowing motorcade, This is important for us to under- were lynched, torched, mutilated, or the mob took it to a baseball field and stand the meaning for those who are whipped to death? Probably not in all burned it. descendants of victims of lynching and Horror-struck by these incidents, Senators torture and whipping. cases because some had occurred before sought to invoke cloture. If nothing else, such bills were passed. She continues: they recognized that not only were African Consider the scope and depth of the crimes However, it would have sent a mes- Americans in high lynch states at risk, but sage, as it was read in newspapers committed against humanity: more than their own constituents were unprotected if four thousand men and women were hung across the land—whether in small they were black and traveling through these from trees, many of them disembowled, their towns, big cities, or in the country— areas. Sadly, after courageously battling on limbs and organs amputated, and then set on that as a nation, we must stop such the Senate floor for six weeks, they aban- fire. These heinous acts . . . were designed to horrendous injustices being per- doned their effort to obtain cloture. terrify African American citizens, remind petrated on people, that we stand for Six weeks with all this and no action. them that they have fewer rights and protec- the rule of law and equal protection Historians will no doubt disagree as to tions than animals, and drive them from and due process. By the Senate not act- a single reason why Senators blocked their land—all while serving as entertain- ing, guess what message was sent. It antilynching legislation in the 1920s ment for white society. sent the message that there are some through the 1940s. My desire is not to The point is, this was to intimidate people who may not think this is a get into motivations. Regardless of people. good idea, that the Senate apparently their reasoning, one reason that I can Ms. Cohen says that she comes to the condones it because they failed to act, see from all this is that there is no rea- Senate today—she is in the gallery notwithstanding the request of Presi- son. There is no rationale. They were with many other descendants—for dents and the passage of such bills in clearly wrong. They turned their eyes. many reasons. She writes: the House of Representatives. They turned their heads. That is why it As a Black woman, as the spouse of a Why was Federal legislation needed? is so important that we set aside these former Senator, and as one who had a family Because out of these 4,749 injustices of hours to apologize for this lack of ac- member lynched, I need to bear witness to an act of decency that has been deferred, indeed lynching, torching, and whipping, only tion by the Senate—because there was filibustered, for far too long. 1 percent were prosecuted. In many no reason. There was no tolerance. We know she is here with many oth- cases, local authorities were complicit There was an acceptance and a con- ers and recognize that it has been fili- and involved in these cruel acts of in- donation of vile, hate-filled activity. bustered far too long. Thankfully, justice in our Nation has justice. Virginia was one of the States She also states that: that actually passed an antilynching moved forward and left such despicable It’s important to remind the American law which means that while there were acts history. In ignoring the protec- people about the evil chapters in our history. 100 such lynchings, torchings, and tions of our Founding Fathers, that ev- It is the reason we construct museums in burnings—and 100 is too many—com- eryone is innocent until proven guilty, Washington and beyond, to hold up for all to pared to other States in the South, the Senate turned its back on our see how capable we are of descending into that was less. I have learned a lot since foundational principles of justice and the heart of darkness. It’s important for us we introduced this bill. North Caro- freedom. to look back into the past so that we can lina’s Governors, in the early 1900s, I look around the Chamber and note pledge never again to allow racial hatred to protested against such mob violence in that all of us serve with a great deal of consume our ideals or humanity. their State and, therefore, they had honor and integrity, and many have President Bush, in his second inau- less than in other States. throughout our history. gural address, stated: Another reason I got involved is to As Ephesians teaches us: All things Our country must abandon all habits of carry on the tradition of a man named that are reproved are made manifest by racism because we cannot carry the message Champ Clark, a Senator from Missouri light. This apology has been a long of freedom and the baggage of bigotry at the same time. whose son was actually one of my men- time in coming. She concludes with these statements: tors when I first became involved in or- I thank my colleague, Senator An apology, I concede, will do nothing for ganized politics. He moved to the Char- LANDRIEU, for her tireless efforts in the thousands of people who perished during lottesville area when I was Governor, getting this resolution agreed to. I what has been called ‘‘the Black Holocaust.’’ and I appointed him to the University thank also leader FRIST for making the It cannot repair the battered souls of their of Virginia Board of Visitors. Sadly, he legislation a priority and taking time survivors. It is, after all, only a symbolic died a few years ago. on the Senate schedule to recognize the act. Our symbols, however, the Eagle, Old I found that his father, Senator significance of the moment. Glory, Lady Liberty, to mention but a few, Champ Clark of Missouri, posted I thank the cosponsors. We have are but short hand narratives of who we are photos—similar to those Senator nearly 80 cosponsors and will most as Americans. It is through an acknowledgment of the LANDRIEU had—in our cloakrooms, of likely have more by the end of the day. Senate’s abdication of its duty to protect mutilated bodies. I will read from a They recognized the importance of a and defend the rights of all American citi- document entitled, ‘‘The U.S. Senate resolution and knew that the Senate zens that, perhaps, we can begin to under- Filibusters Against Federal Anti- owed an apology to the victims of stand the pain and anger that still lingers in

VerDate jul 14 2003 06:32 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JN6.066 S13PT1 June 13, 2005 CONGRESSIONAL RECORD — SENATE S6373 the hearts and minds of so many who have It’s important to remind the American In the future, I am confident that been deprived of the equality promised in our people about the evil chapters in our history. this Senate will perform better than it Constitution. It is the reason we construct museums in has in the past. We will protect the My friend and mentor, Dr. Martin Luther Washington and beyond, to hold up for all to King, Jr., once said that ‘‘the arc of history see how capable we are of descending into God-given blessings of all people to life bends toward justice.’’ the heart of darkness. It’s important for us and liberty, regardless of their race, Today, as the Senate Members cast their to look back into the past so that we can their ethnicity, or their religious be- historic votes, that arc dips closer to its des- pledge to never again allow racial hatred to liefs. The Senate can do better; we tination. consume our ideals or humanity. have done better tonight. But the real Signed, Janet Langhart Cohen. In his Second Inaugural Address, President measure of what we have learned when Mr. President, I ask unanimous con- Bush stated that, ‘‘Our country must aban- such acts occur in the future is, will sent that the full letter be printed in don all habits of racism because we cannot carry the message of freedom and the bag- this Senate rise and condemn it to pro- the RECORD. gage of bigotry at the same time.’’ These are tect those God-given liberties? I know There being no objection, the mate- noble words and they deserve to be acted that Senator LANDRIEU and I believe rial was ordered to be printed in the upon as well as invoked. the Senate will rise appropriately. RECORD, as follows: Finally, let me say that this Resolution is Mr. President, with that, I ask unani- JUNE 13, 2005. but a first step in the process of educating mous consent that notwithstanding the First, I want to commend Senators George the American people about our history; of previous agreement, the Senate now Allen and for their leadership not allowing this part of our past to be re- proceed to the vote on the pending res- duced to a footnote, or glossed over and air in introducing Senate Resolution 39 and for olution; I further ask unanimous con- their persistence in bringing it to a vote brushed into oblivion. today. I also wish to express my profound An apology will not erase the criminality sent that notwithstanding adoption of gratitude to Mark Planning who has been in- that was once considered a cultural or re- the resolution, the remaining time defatigable in his quest for the passage of gional privilege. An apology does not purport under the previous agreement remain this measure. to serve as an absolution for the sins of the available for Senators who wish to While some members of the Senate ques- past. make statements, provided that any An apology, I concede, will do nothing for tion why so many of us have been seeking statements relating to the resolution the passage of this official expression of the thousands of people who perished during appear prior to its adoption in the CON- apology at this time, the real question is what has been called, ‘‘the Black Holocaust. why Senate action was not forthcoming dec- It cannot repair the battered souls of their GRESSIONAL RECORD. ades ago. survivors. It is, after all, only a symbolic The PRESIDING OFFICER (Mr. BEN- Consider the scope and depth of the crimes act. Our symbols, however, the Eagle, Old NETT). Without objection, it is so or- committed against humanity: more than Glory, Lady Liberty, to mention but a few, dered. four thousand men and women were hung are but short hand narratives of who we are Mr. ALLEN. I thank the Chair. from trees, many of them disemboweled, as Americans. The PRESIDING OFFICER. The their limbs and organs amputated, and then It is through an acknowledgement of the question is on agreeing to the resolu- set on fire. These heinous acts, carried out Senate’s abdication of its duty to protect and defend the rights of all of America’s citi- tion. and protected under the claim of ‘‘states The resolution (S. Res. 39) was agreed rights’’ were designed to terrify African- zens, that, perhaps, we can begin to under- American citizens, remind them that they stand the pain and anger that still lingers in to. had fewer rights and protections than ani- the hearts and minds of so many who have The preamble was agreed to. mals, and drive them from their land—all been deprived of the equality promised in our Mr. ALLEN. Thank you, Mr. Presi- while serving as entertainment for white so- Constitution. dent. ciety. My friend and mentor, Dr. Martin Luther The PRESIDING OFFICER. The Sen- Picnics were even held by white commu- King, Jr. once said that, ‘‘The arc of history ator from Massachusetts is recognized. bends towards justice.’’ nities so that those who claimed to be de- Mr. KERRY. What is the status of cent, law abiding citizens could witness and Today, as the Senate members cast their historic votes, that arc dips closer to its des- the time? Is it under control, or is it rejoice in the mutilation of those whose an- just open? cestors had been ripped from their homeland, tination. separated from their families, sheared of JANET LANGHART COHEN. The PRESIDING OFFICER. The Sen- their identities, brought in chains to Amer- Mr. ALLEN. Mr. President, I am ator from Virginia and the Senator ica, and sold on the auction block as sub- proud that this resolution will pass to- from Louisiana control the time. human chattels. night. The Senate is going to be on Ms. LANDRIEU. Mr. President, I will It is inconceivable that any person of rea- record condemning the brutal atroc- be happy to yield to the Senator from son or conscience, of any faith, Christian or ities that plagued our great Nation for Massachusetts in just a moment. He non-Christian, could possibly tolerate such over a century. has been very patient. As a cosponsor barbarism, such a display of pure evil. But of the resolution that just passed, it is people did, of course. They tolerated it and I will close with the words of our res- sanctioned it, not during the Dark Ages, but olution: a privilege and it is appropriate for during my lifetime. And those who sanc- Whereas, an apology offered in the spirit of Senator KERRY to be one of the first tioned it were not uneducated barbarians; true repentance moves the United States to- Senators to speak upon its passage. they included men who held positions of of- ward reconciliation and may become central I wish to just mention very briefly, fice and honor at all levels of government, to a new understanding, on which improved because I am not sure he is going to be including the . The par- racial relations can be forged. Now, there- able to stay with us much longer, Mr. liamentary delaying tactics that currently fore, be it Resolved, That the Senate— (1) apologizes to the victims of lynching for has been with us all are the subject of so much debate took place day. Mr. Cameron is 91 years old. He in the nation’s Capital, on the floor of this the failure of the Senate to enact anti-lynch- hallowed institution. ing legislation; lives in Marion, IN. In 1930, when he I have come to the United States Senate (2) expresses the deepest sympathies and was 16 years old, a mob dragged him today for many reasons. As a Black woman, most solemn regrets of the Senate to the de- from a cell at Grant County Jail and as the spouse of a former Senator, and as one scendants of victims of lynching, the ances- put a rope around his neck. He was ac- who had a family member lynched, I need to tors of whom were deprived of life, human cused of a murder and a rape. He was bear witness to an act of decency that has dignity, and the constitutional protections accorded all citizens of the United States; nowhere around when it occurred. His been deferred, indeed filibustered, for far too associates, Abe Smith and Thomas long. and I am told that some members of the Senate (3) remembers the history of lynching, to Schipp, were both lynched that night. are not prepared to support this measure be- ensure that these tragedies will be neither A man in the crowd spared him by pro- cause they think that an official apology is forgotten nor repeated. claiming that he, in fact, was innocent too trivial, meaningless and irrelevant to the My colleagues, I ask you to join all of and should be let go. He then went on times in which we live. us in examining our history, learn from to live an extraordinary life without The passage of time can never remove the history, never again sit quietly, and bitterness, with a lot of love. He has stain of institutionalized terrorism from our never again turn one’s head away when been married for 67 years, has 4 chil- history or permit any public official to dis- miss the pain of those who have lost family the ugly specter of racism, anti- dren and multiple grandchildren. Sen- members to the savagery of lynch mobs as semitism, hate, and intolerance rises ator Evan Bayh, who serves in this something unworthy of the Senate’s agenda again. It is our responsibility to stand body—when he was Governor of Indi- and deliberations. strong for freedom and justice. ana, he pardoned Mr. Cameron. But he

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JN6.069 S13PT1 S6374 CONGRESSIONAL RECORD — SENATE June 13, 2005 is really the one who has forgiven us the 1960s devoted to the civil rights the Congress—200. Three times, the for what was done against him. movement, the Mississippi voter reg- House of Representatives passed I yield the floor to Senator KERRY. istration drive. We were still recording antilynching legislation. Seven Presi- The PRESIDING OFFICER. The Sen- lynchings during that period of time, dents asked for this legislation to be ator from Massachusetts is recognized. but I did not know it, not in the sense passed. The Senate said no. Mr. KERRY. Mr. President, I start by that we know it today. So it is important that we are here thanking Senator LANDRIEU and Sen- I thought I knew history pretty well, today to apologize. Some people won- ator ALLEN for their leadership on this but I will tell you, until I saw this der what the effect of an apology is. We effort and for all those descendants of array of photographs which then can understand that question being families who have been absolutely ex- sparked my curiosity to read more asked. This is sort of a day of reck- traordinary in the way in which they about it, I had always thought, like oning for us as a country, it is a mo- relived their pain, brought it to the most Americans, that a lynching was ment for the conscience of our country public view, kind of laid their hearts just slinging a rope over a branch of a to be listened to by everybody. It is an out on the table in a very real and tree and that was it. The story is so embarrassingly and unforgivably late emotional way—that has been a won- much more gruesome than that, so moment in coming, but we are address- derful part of this process—and the much more dark and horrendous as a ing a stain on our history, and we are way in which the book Jimmy Allen moment in American history that it is working to heal wounds across genera- put together has helped to unleash a really hard to believe it happened at all tions. I believe that is important. Some pain that was never lost, never forgot- in our country, which is another reason people might try to diminish that, but ten by anybody, but never quite had a it is so important that we are taking the very lack of unity I mentioned ear- place to play itself out—until this pub- this step to remember. lier, in fact, goes to show why this lic effort that is being made by the We have seen revisionism in almost apology is so important and why we all Senate. every part of history, including the have to keep moving in this direction. There is no small irony, I suspect, in Holocaust. So it is good we are taking No words, obviously, are going to the fact that the Senate is here sort of this step today, and it is good we have undo the horror of those 5,000 Ameri- making good on what the Senate failed these photographs now brought to- cans losing their lives. No apology is to do. I personally am struck by even, gether as a compilation of history, and going to just wipe away the memories at this significant moment, the undeni- it is good that the Senate is taking of Mr. Cameron and others, though able and inescapable reality that there this effort tonight. they have shown a greater graciousness are not 100 Senators as cosponsors. It is extraordinary to think that 99 of understanding than others even at Maybe by the end of the evening there percent of the perpetrators of this moment. will be, but as we stand here with this lynchings escaped any reach of the law The fact is that this resolution can resolution passed by voice vote, there whatsoever. It is incredible to think be one more step in the effort for all of are not. that almost 5,000 people are recorded as us to try to get over the divide that Moreover, all the people in the Sen- incidents, and how many are not re- still exists between races and as a re- ate and the press understand how we corded? How many went without the sult of in this country, but work here. It is critical that we take local authorities in each of those com- only if we face the truth. It is the Bible the step we are taking and have taken, munities—who were already that reminds us that it is the truth but at the same time wouldn’t it have complicitous in what happened, stand- that sets us free. And so it is that we been just that much more extraor- ing by, permissive, turning away from have to embrace it, commit ourselves dinary and significant if we were hav- basic human rights—how many of to putting our hearts and our actions ing a recorded vote with all 100 Sen- those incidents were not recorded? where our words have now preceded us. ators recording their votes? We are A lot of us have read a lot about This should be an important step for- not. World War II and the Holocaust and ward, but, frankly, it will only do that So even today, as we take this gigan- other moments of history where there if we do not stop here. tic step, we are also saying to America is a knock on the door and life changes. The truth is that it is not enough to that there is a journey still to travel. I But you have to stop and really think face the horror of lynchings if we then don’t want to diminish one iota—and I what it was like in all but four States just walk out of here and consciously don’t mean to because I believe what is in our country, not just for African turn away from legally separate and happening here today is so significant, Americans but for new people, for folks unequal schools in America. It is not but at the same time, it has to give all who had come here from other places enough to decry decades of refusing to of us a kind of kick in the rear end to to live the American dream. In some use the force of law against lynchings get us out there to do that which is cases, they were not knocks, they were if today we refuse to use the force of necessary, which gives fuller meaning just angry mobs screaming and yelling law to tear down the barriers that pre- to the words that are going to be ex- with torches and running rampant vent people from voting, barriers in the pressed here and have been expressed through a household, dragging out peo- economy, divisions in the health care here—most important, to give fuller ple screaming. In other cases, there system that works for too few of those meaning to the emotions that have was a pretext, more polite, but it was who are in the minority in America. been laid bare for all of America to un- never polite in what it ended up as. It is only by reconciling the past that derstand better by the families who Lynchings were not just lynchings; we have to understand where we have have come here to share this with us. they were organized torture. They were to go in the future and get there. I re- I also join not just in thanking Mr. incidents of kinds of torture that de- mind my colleagues to remember the Cameron and Ms. Johnson, and others, fied imagination, about which you do words of Julian Bond when he dedi- but Janet Langhart, who is here with not even want to talk, the kinds of cated that beautiful, simple memorial our former colleague and the former things that any decent society ought in Montgomery, AL, to those who gave Secretary of Defense, Bill Cohen. We to stand up against. People were lit- their lives for civil rights. He said it certainly appreciate her commitment erally tortured for sport in front of was erected as much to remember the to this effort and the meaning of this people, and crowds would cheer—bed- dead as it was for those young people to her and to all of the families who lam. Children were brought to be spec- who cannot remember the period when have come here together. tators. Some of these photographs the sacrifices began, with its small cru- It is pretty incredible to think about show kids standing there with their elties and monstrous injustices, its it. Lynchings really replaced slavery. eyes wide open and adults standing be- petty indignities and its death dealing They came in the aftermath of slavery, side them, who were supposed to be in inequities. There are many too around the . Between the 1880s and more responsible, glued to the horror young to remember that from that 1968—I have to pause when I think they were witnessing. seeming hopelessness, there arose a about that because I was already a In the first half of the last century mighty movement, simple in its tac- young officer in the military. I had left alone, in the 20th century, over 200 tics, overwhelming in its impact. That college. I remember the early part of antilynching bills were introduced in is why we have to remember the period

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JN6.071 S13PT1 June 13, 2005 CONGRESSIONAL RECORD — SENATE S6375 of the lynchings. That is why this reso- that occurred across the country over him in the Mississippi River, beaten lution is important—for the young peo- the past two centuries. These photo- and bloodied beyond recognition. After ple who do not know what it means to graphs show that what is often most Ms. Mobley saw her child, her baby, un- wake up in the middle of the night to powerful is not the gruesome aspects of recognizable, his face so badly beaten hear that knock, for young people to the lynching itself, nor the terrible it barely looked human, someone sug- need to commit to help our country rending of the body that took place. gested that she should have a closed complete the journey in order to guar- No, what is most horrific, what is most casket at his funeral. She said: No, we antee we make it all that it promises disturbing to the soul is the photo- are going to have an open casket, and to be and can be. graphs in which you see young little everybody is going to witness what We will never erase what Mr. Cam- White girls or young little White boys they did to my child. eron or Mr. Wright and too many oth- with their parents on an outing, look- The courage displayed by this mother ers went through, but we certainly can ing at the degradation of another galvanized the honor the legacy of these civil rights human being. One wonders not only in the North and in the South. And, de- heroes and the martyrs who came be- what the lynching did to the family spite the immensity of the pain she fore us by doing right by them and by member of those who were lynched, but felt, Mamie Till Mobley has repeatedly the country. I hope this resolution will also what the effect was on the sen- said: I never wasted a day hating. help us do that. sibilities of those young people who Imagine that. She never wasted a day I yield the floor. stood there, watching. hating, not one day. The PRESIDING OFFICER. Who Now that we are finally acknowl- I rise today, thanking God that the yields time? edging this injustice, we have an oppor- —the represent- Mr. KERRY. Mr. President, I yield tunity to reflect on the cruelties that atives of the American people and our such time to the Senator from Illinois inhabit all of us. We can now take the highest ideals—will not waste one more as he should use. time to teach our children to treat peo- day without issuing the apology that The PRESIDING OFFICER. The Sen- ple who look different than us with the will continue to help us march down ator from Illinois. same respect that we would expect for the path of transformation that Mamie Mr. OBAMA. Mr. President, I rise in ourselves. So it is fitting, it is proper, Till Mobley has been on her whole life, strong support of this resolution. Be- and it is right that we are doing what and that the people in attendance in fore I make any further remarks, I we are doing today. the gallery have been on for genera- would like to recognize Doria D. John- However, I do hope, as we commemo- tions. son, and thank her for coming. She is rate this past injustice, that this I am grateful for this tribute, and I from Evanston, IL. Ms. JOHNSON is the Chamber also spends some time doing am looking forward to joining hands great, great-granddaughter of Anthony something concrete and tangible to with my colleagues and the American Crawford, a South Carolina farmer who heal the long shadow of slavery and the people to make sure that when our was lynched nearly 100 years ago for legacy of racial , so that children and grandchildren look back the crime of being a successful Black 100 years from now we can look back at our actions in this Chamber, we do farmer. I am sure that this day has spe- and be proud, and not have to apologize not have something to apologize for. cial meaning for her, and for the other once again. That means completing the I yield the floor. family members of those who were im- unfinished work of the civil rights The PRESIDING OFFICER. The Sen- pacted by these great tragedies of the movement, and closing the gap that ator from Arkansas. past. I thank her and others for being still exists in health care, education, Mr. PRYOR. Mr. President, I join my here today. and income. There are more ways to colleagues today to talk about one of Since America’s darkest days of Jim perpetrate violence than simply a our Nation’s darkest periods, a stain in Crow, separate but equal, fire hoses, lynching. There is the violence that we history we would rather forget but that church bombings, cross burnings and subject young children to when they do we cannot ignore. While White mobs lynchings, the people of this great Na- not have any opportunity or hope, committed 4,742 hangings, floggings tion have found the courage, on occa- when they stand on street corners not and burnings of African Americans, the sion, to speak up and speak out so that thinking much of themselves, not Senate watched indifferently, failing to we can right this country’s wrongs, and thinking that their lives are worth liv- pass any of the 200 separate bills before walk together down that long road of ing. That is a form of violence that this it to make lynching a Federal crime. S. transformation that continues to per- Chamber could do something about. Res. 39, expressing the Senate’s apol- fect our Union. It is a transformation As we are spending time apologizing ogy for failing to adopt antilynching that brought us the Civil Rights Act today for these past failures of the Sen- legislation, is long overdue. I express and the Voting Rights Act; a trans- ate to act, we should also spend some my sincere apologies and regret to the formation that led to the first Black time debating the extension of the Vot- families in Arkansas and the Nation, Member of Congress, and the first ing Rights Act and the best way to ex- especially to the victims and their de- Black and White children holding tend health care coverage to over 45 scendants, that this body failed to help hands in the same playground and the million uninsured Americans. We at a time when they needed it most. same school; a transformation without should be considering how we can make I hope that acknowledging these which I would not be standing here certain that college is affordable for grave injustices of the past will help speaking today. But I am. And I am young African-American children, the begin to heal the wounds that exist proud because, thanks to this resolu- great, great-grandchildren or the great, today. Even more so, this acknowledge- tion, we are taking another step in ac- great, great-grandchildren of those who ment should serve as a lesson that gov- knowledging a dark corner of our his- have been wronged. These are the ways ernment must step in to help foster ra- tory. We are taking a step that allows we can finally ensure that the blessings cial reconciliation, ensure the mob us—after looking at the 4,700 deaths of opportunity reach every single mentality never returns, and protect from lynchings, the hate that was be- American, and finally claim a victory those who are most vulnerable. hind those deaths, and this Chamber’s in the long struggle for civil rights. The Senate can start by continuing refusal to try and stop them—to finally Today is a step in the right direction. to advance civil rights and equality, say that we were wrong. Today’s actions give us an opportunity and work to close the divide that con- There is a power in acknowledging to heal and to move forward. But for tinues in our neighborhoods, schools error and mistake. It is a power that those who still harbor anger in their and workplaces. I am afraid that if we potentially transforms not only those hearts, who still wonder how to move don’t start truly addressing inequities who were impacted directly by the on from such terrible violence, it is we will look back once again at the lynchings, but also those who are the worth reflecting for a moment on one Senate’s inaction with disdain and re- progeny of the perpetrators of these remarkable individual: Mamie Till morse. crimes. There is a piercing photo- Mobley. Most of the worst offenses of lynch- graphic exhibit in Chicago right now Mamie Till Mobley’s child Emmett ing occurred in the south and Arkansas that displays some of the lynchings was only 14 years old when they found was no different. Between the years

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JN6.073 S13PT1 S6376 CONGRESSIONAL RECORD — SENATE June 13, 2005 1860–1936, 318 lynchings occurred in Ar- of the ‘‘insurrection,’’ all four were im- I yield the floor. kansas. Of this number, 230 were black, mediately killed. The PRESIDING OFFICER. The Sen- including 6 females. Three-quarters of Of the anti-lynching legislation we ator from Colorado. the lynchings in our State that are re- are considering today, Mayor Miller Mr. SALAZAR. Mr. President, I rise corded were against African Ameri- says, ‘‘It won’t change what happened, this evening to speak in support of S. cans. but at least it’s a good thing, a move- Res. 39, apologizing for the Senate’s Of course, statistics don’t have a ment in the right direction.’’ failure to enact antilynching legisla- face, they don’t feel pain, nor do they A 2000 article from the Arkansas tion. It is important for us to reflect on hold memories. But people and families Times reports on Arkansas’ most high- the statements that have been made by all over Arkansas do, and they remem- profile lynching and the lasting impact my colleagues, including the distin- ber these crimes and the Senate’s inac- it has had on families in Arkansas guished Senator from Louisiana and tion to protect them. today. the distinguished Senator from Vir- In March 1892, a reporter from the In May 1927, a mentally retarded ginia, so that we can remember the his- Christian Recorder reported the chaos black man named John Carter was ac- tory of this country and how America and hopelessness occurring throughout cused of attacking a white mother and has been an America in progress. The the state: daughter. Upon his capture near Little past can be painted in statistics or it Rock a mob of 100 quickly gathered and can be painted in the stories of people There is much uneasiness and unrest all over this State among our people, owing to prevented police from taking him to who have suffered from the unjust re- the fact that the people all over the State Little Rock, where police would pro- sult of the absence of an antilynching are being lynched upon the slightest provo- tect him from being lynched. law. cation; some being strung up to telegraph After hanging him from a utility We can speak about the time between poles, others burnt at the stake and still oth- pole, the mob dragged John Carter’s 1882 and 1968 when there were nearly ers being shot like dogs. body through the city, and burned it in 5,000 lynchings. These lynchings that In the last 30 days there have been not less downtown Little Rock at 9th and occurred were not lynchings that oc- than eight colored persons lynched in this Broadway. curred just in the southern part of the State. At Texarkana a few days ago, a man The Arkansas Times article recounts United States of America but happened was burnt at the stake. a conversation that occurred 30 years In Pine Bluff a few days later two men throughout most of the States of our were strung up and shot, and this too by the later, in September 1957 of a mother country, including in my own home brilliant glare of the electric lights. At talking to civil rights pioneer Daisy State of Colorado, where a historian Varner, George Harris was taken from jail Bates about the John Carter lynching. has in his own research concluded that and shot for killing a white man, for poi- The mother had this to say: there were about 175 lynchings in Colo- soning his domestic happiness. I am frightened Mrs. Bates. Not for myself, rado between 1859 and 1919. At Wilmar, a boy was induced to confess to but for my children. When I was a little girl, It is appropriate and fitting that the commission of an outrage, upon promise my mother and I saw a lynch mob dragging today we apologize for the absence of of his liberty, and when he had confessed, he the body of a Negro man through the streets those laws, that we recognize people was strung up and shot. Over in Lonoke of Little Rock. We were told to get off the like James Cameron who became a sur- County, a whole family consisting of hus- streets. We ran. And by cutting through side vivor of the lynchings of that time pe- band, wife and child were shot down like streets and alleys, we managed to make it to dogs. Verily the situation is alarming in the the home of a friend. riod, recognize that this Senate today extreme. But we were close enough to hear the says we apologize for that past. It is perhaps even more important to There were few honest press accounts screams of the mob, close enough to smell look to the future of America and to of such lynchings, a problem that con- the sickening odor of burning flesh. And, Mrs. Bates, they took the pews from Bethel look at the racial issues and the chal- tinues to trouble historians today as Church to make the fire. They burned the lenges we face as a nation to create an they put together the pieces of this pe- body of this Negro man right at the edge of America that truly is an America of in- riod. Most Arkansas press accounts the Negro business section. clusion. It is one thing to stand in the were no different. Lynchers were con- The woman speaking to Daisy Bates Chamber of the Senate today, to look sidered heroes, officers conniving, and was named Birdie Eckford. Her daugh- at our history, and to learn from that the accused guilty. ter Elizabeth, one of the Little Rock painful history, but it is equally as im- A case in point: Nine, would walk through an angry, portant to look to the future and to In 1919, Arkansas would be home to a threatening crowd the following day to recognize the challenges we face in this terrible racial injustice—the so-called claim her right to an equal education America in the decade ahead, and the Elaine Race Riot. at Little Rock Central High School. 100 years ahead require us to learn According to sketchy accounts that Little Rock Central High School from those very painful lessons of the have been pieced together by histo- today reminds us of some of the dark- past. rians, in September 1919, black share- est days during the civil rights move- When one looks at those very painful croppers met to unfair settle- ment. As a former student, however, I lessons of the past, we have to recog- ments for their cotton crops from can tell you that it also represents nize for the first 250 years of the begin- white plantation owners. Local law en- hope and achievement. nings of this Nation we had a system of forcement broke up the union’s meet- The year 2007 will mark the 50th an- law that recognized it was OK for one ing, and the next day a thousand white niversary of the desegregation process group of people to own another group men, and troops of the U.S. Army, con- at Little Rock Central High School. of people under our system of slavery verged on Phillips County to put an Last Friday, I spoke with seven mem- just because of the color of their skin. end to the black sharecroppers’ so- bers of the Little Rock Nine to tell It is important for us, also, to recog- called ‘‘insurrection’’. them that we are closer to funding an nize that it took the bloodiest war of The number of African-American adequate visitor center and museum in the United States during the Civil War, deaths from this lynching is disputed, time for his landmark anniversary. for over half a million people were ranging from 20 at the low end to 856 Minnijean Brown Trickey, one of the killed on our own soil in America to men and women on the high end. Nine, said this Visitors’ Center will bring about an end to the system of The details of the Elaine Race Riot of serve many purposes, but what struck slavery and to usher in the 13th, 14th, 1919 have never been formally written me was her assurance that the Center and 15th amendments which are the down, but Mayor Robert Miller of Hel- ‘‘is an opportunity for healing.’’ bedrock of the constitutional liberties ena, AR remembers them vividly. Today’s resolution offers similar op- we now endow upon all people of Amer- At the time, Mayor Miller’s four un- portunities. It allows us to remember ica. cles were preparing for a hunting trip. the past, begin healing from that past, Notwithstanding the fact that in that Three of them had traveled to a town look at how far our Nation has come to time period of the Civil War we saw the near Elaine, Helena, AR, for this spe- address equality and discrimination blood and life of so many Americans cial occasion, which turned tragic and rededicate ourselves to acknowl- laid down in this country, we still con- when a mob saw the brothers with guns edging how much further we must go tinued through another period of al- in hand, and assuming they were part from here. most 100 years where we divided our

VerDate jul 14 2003 06:32 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JN6.029 S13PT1 June 13, 2005 CONGRESSIONAL RECORD — SENATE S6377 Nation according to groups. It was over and all races in all of the business af- In 1857, in the Dred Scott Supreme 100 years ago when Justice Harlan, fairs and civic affairs of this Nation. Court decision, that guarantee in the writing for the dissent in the now fa- I yield the floor. U.S. Constitution that all men are cre- mous case of Plessy v. Ferguson, made The PRESIDING OFFICER. The Sen- ated equal was not intended to include the following observation, disagreeing ator from Florida. Blacks by that decision. For many with the U.S. Supreme Court on the Mr. NELSON of Florida. Mr. Presi- years later, Black Americans found few segregation system which was ushered dent, I am very glad we are passing protections in the constitutional guar- in under that decision, saying: this resolution. There have been at- antees of liberty and freedom and equal tempts in the past by other Members of The destinies of the races, in this country, protection under the law. A Black man are indissolubly linked together and the in- Congress, such as my good friend, the accused of a crime against a White per- terests of both require that the common gov- former Congressman Tony Hall of Ohio, son found that he had no access to the who had tried several years back to get ernment law shall not permit the seeds of courts to prove his innocence, he had a resolution of apology with regard to race hate to be planted under the sanction of no access to a fair and impartial jury law. slavery. They never could work out all of his peers. All too often, White citi- the details. I am very glad the Senate That was over 100 years ago. Yet it zens, armed with guns and feelings of has come to this point that it could took more than half a century, until righteousness, would take the accused, critique itself for this legislative 1954, in the decision of Brown v. Board as law enforcement officers stood by, of Education, for the U.S. Supreme body’s failure to enact antilynching laws back at a time when it would have and brutalize them and hang them in a Court under the leadership of Justice public setting for other members of the Warren to say in these United States, been so important to stop these kinds of mayhem and murderous rampages community to view and feel avenged. separate but equal was unconstitu- How horrible would that be, a public tional under the 14th amendment. It where mobs would take, supposedly, justice into their own hands. spectacle that was supposed to intimi- took more than half a century more for date, that was supposed to strike fear. the U.S. Supreme Court to make that Thank goodness we have come to a point at which we can admit our mis- Did it? You bet it did. It was meant to statement. send a message to the members of the So when we look to the future of takes, even though this is several gen- Black community that they better re- America, when we look to the erations later, and pass such a resolu- main in their place, to remember that that defines our country, it is my tion as we will do tonight. the guarantees of freedom and fairness that this next century will be defined Interestingly, one of my political he- in the Constitution did not include by how we as an American society em- roes is a person who Americans rarely hear about. He was a British Parlia- them. brace the concept of an inclusive In my State of Florida, there were 61 America. When we embrace a concept mentarian in the late 1700s and the early 1800s named William Wilberforce. lynchings of Black Americans between of an inclusive America, we talk about 1921 and 1946, which, of course, rep- including people of all backgrounds—be Wilberforce was elected to the Par- liament at the age of 21 along with one resents only a fraction of the total they Anglo Americans, French Ameri- of his best friends, William Pitt, the number that were committed in my cans, African Americans, Latinos, Na- Younger. And in 3 years, at age 24, Pitt State. There is no justification or ex- tive Americans, women—that we as an was elected Prime Minister. Of course, planation for these horrible acts of vio- American society will be challenged in Wilberforce could have been in his Cab- lence. As a nation that respects the the century ahead by how we deal with inet. But at that point Wilberforce had rule of law and court-prescribed jus- the issue of inclusion, and the great- recognized the great evil of the day and tice, what happened was vigilantism ness of this country will be defined by dedicated his life to the elimination of and . That is what determined how successful we are in making sure the economic order of the day, which ‘‘justice.’’ And that is never justifiable. we are inclusive of all people. was the English slave trade where the There is a place in Florida called There are some who have recognized captains would take the boats down off Rosewood. It was the site, in the 1920s, this. Justice Sandra Day O’Connor, in the coast of Africa under the guise of of what many describe as a . writing for the U.S. Supreme Court in friendship, round up native Africans, That Black community was destroyed the now famous decision of the Univer- put them in the holds of those slave by Whites. No arrests were ever made sity of Michigan from several years ships, and take them to the New World in as many as 27 racial killings in that ago, made the following comment and sell them. location. about the importance of diversity in Wilberforce is a hero to me because, Florida finally passed the Nation’s higher education in the majority opin- as a government official, a member of first compensation for Blacks who suf- ion: Parliament, he would not even join fered from those past racial injustices. These benefits are not theoretical but real, William Pitt, the Younger’s Cabinet. It was all directed back to the mas- as major American businesses have made He wanted to devote his life to the sacres that had occurred at Rosewood, clear that the skills needed in today’s in- creasingly global marketplace can only be elimination of the slave trade. It took FL. The 1994 Florida Legislature passed developed through exposure to widely di- him 20 years to do it. Time after time, the Rosewood Claims Bill to com- verse people, cultures, ideas, and viewpoints. he was beat back, but he persevered, pensate victims for loss of property as That was from the brief submitted by and he finally won, 20 years later. a result of the failure to prosecute General Motors. She went on to say: Then, before Wilberforce died, he saw those individuals responsible. I felt as a What is more, high-ranking retired officers that Parliament actually abolished Floridian that this acknowledgement and civilian leaders of the United States slavery. That was some 30 years before was long overdue, and it made me military assert, based on their decades of ex- slavery was abolished here in America. proud to see, at long last, that we ad- perience, a highly qualified racially diverse So it is a privilege for me to be here dressed the tragedy of Rosewood. officer corps is essential to the military’s at long last to join our colleagues to Now, as a Member of the Senate, I be- ability to fulfill its principal mission to pro- apologize for the Senate’s failure in the lieve this resolution we are passing to- vide national security. 1930s to pass legislation outlawing the night is long overdue. In being proud of It was in that articulation by Justice barbaric practice of lynching. For more this event, I am also humbled to stand Day O’Connor, where she articulated than a century, this country presented up as a Member of the Senate and to the challenge and the opportunity that two to its citizens. Enshrined personally apologize for the Senate’s we have as an American society, the in our Constitution is a government failure to act—a failure to outlaw bar- 21st century unfolds in front of us. and a legal system designed to protect baric acts such as lynchings and racial In my estimation, the greatness of the rights of all Americans so that our . this country depends on our learning freedom cannot be taken away or in- I am proud, too, that we can today and not forgetting the painful lessons fringed upon without due process of reaffirm that we are a nation of laws of the past, including the lynchings law. But for many decades, however, designed to protect the freedom and that occurred across America, while this system of justice and respect for liberty of all Americans—all Ameri- also looking forward to the challenge the rule of law did not apply to all of cans—regardless of race. of including people of all backgrounds the citizens of this country. Mr. President, I yield the floor.

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JN6.075 S13PT1 S6378 CONGRESSIONAL RECORD — SENATE June 13, 2005 Mr. DURBIN. Mr. President, this is Emmett Till. They came to realize that a piece of their own childhood and an issue that will be considered by the what happened to him should not be al- their own sense of security, we say Senate later this evening, an issue of lowed to happen in America. today formally and officially in the historic importance. It will be an offi- One of my favorite friends in Con- Senate that we were wrong—wrong for cial apology by the Senate for the Sen- gress, one of my heroes of all time, is failing to protect them, wrong because ate’s failure to protect victims of a man named . He rep- we never said we were sorry. lynching in America. resents , GA, as a Member of The murders of Emmett Till and An- Fifty years ago, on August 20, 1955, a the House of Representatives. He was thony Crawford are among those docu- Chicago woman named Mamie Till one of the pioneers in the civil rights mented in a groundbreaking book and took her 14-year-old son Emmett to the movement. He was 15 years old, 1 year museum exhibit called ‘‘Without Sanc- 63rd Street Station in Chicago to catch older than Emmett Till, growing up in tuary: Lynching Photography in Amer- the southbound train to Mississippi. Alabama, when he saw those photo- ica.’’ The exhibit has traveled all over Emmett was going to spend the sum- graphs of this young man. Like mil- the United States and opened just last mer with his great uncle and aunt in a lions of African Americans, JOHN LEWIS week at the Chicago Historical Soci- town called Money, MS, in the heart of was haunted by the image. He told a ety. the Mississippi Delta. Washington Post reporter recently: I Mr. President, just a few days ago, The next day, August 21, 1955, young remember thinking it can happen to the Chicago Sun-Times did an editorial Emmett Till arrived in Mississippi. He anyone, me or my brothers or my cous- on this issue of lynching and this ex- spent the next few days helping out ins. It created a sense of fear that it hibit. I ask unanimous consent that around the house, working with his could happen to anyone who got out of the editorial be printed in the RECORD. great uncle, Moses Wright, in the cot- line. There being no objection, the mate- ton fields. Those images of Emmett Till in- rial was ordered to be printed in the On August 24, after a long day of spired more than fear. In many people, RECORD, as follows: working in the fields, Emmett and a they inspired courage and resolve. [From the Chicago Sun-Times, June 12, 2005] group of teenagers went into town to There was a decision made by so many EXHIBIT OF LYNCHING PHOTOS SHOWS EVIL WE Bryant’s Grocery Store for some re- at every level of life in America to no MUST REMEMBER freshments. The store—owned by a longer ever tolerate the brutal inhu- The Chicago Historical Society’s ‘‘Without White couple named Roy and Carolyn manity of hatred and racism of Jim Sanctuary: Lynching Photography In Amer- Bryant—served primarily Black work- Crow laws. When Rosa Parks, the leg- ica’’ seems an unlikely exhibition to launch ers, sharecroppers, and their kids. Em- in a Northern city. But the link between Chi- endary civil rights leader, refused to cago and ‘‘murder by a mob of an individual mett went into Bryant’s Grocery Store give up her seat on that bus in Mont- outside the confines of the legal system,’’ a to buy some bubble gum. Some kids gomery, AL, it was 100 days after Em- definition that comes halfway through the who were hanging out outside the store mett Till’s murder. She said, when exhibit, is long-standing. It has been 50 years accused Emmett of whistling at Caro- asked later: How did you show the since Chicagoan Emmett Till was lynched in lyn Bryant, one of the proprietors of strength to do that, stand up against Mississippi. That case is still with us. the store. everybody and say, no, I will not sit in Till’s murder, for allegedly whistling at a white woman, shocked an entire nation and Four days later, on August 28, Caro- the back of the bus, she said she got lyn Bryant’s husband and his half sparked the civil rights movement in the her courage by thinking of that young North, but lynching had gone on for decades. brother went to Moses Wright’s home man, Emmett Till. Journalist Ida Wells-Barnett was crusading at 2:30 in the morning. They kidnapped Eight years later, in a song entitled against it in 1892 when three successful black young Emmett Till from his bed, and ‘‘The Murder of Emmett Till,’’ the businessmen were lynched. Through her fear- they committed one of the most noto- great poet/songwriter Bob Dylan had less reporting, Barnett established that rious and horrific lynchings in Amer- the following lyrics: lynching was not the white man’s response to a black man’s abuse of white women, but ican history. They brutally beat this If you can’t speak out against this kind of that most lynchings were caused by ‘‘eco- young man from Chicago, IL, Emmett thing, nomic competition and racial hatred.’’ Till. They gouged out his eyes, they a crime that’s so unjust, In 1893, Barnett stood outside the Chicago shot him in the head, they tied a large your eyes are filled with dead men’s dirt, World’s Fair and protested the exclusion of metal fan around his neck with barbed your mind is filled with dust. African Americans, while handing out copies wire, and they threw his mangled, dead Today, 50 years after Emmett Till’s of her pamphlet: ‘‘Southern Horrors: Lynch body into the Tallahatchie River. brutal murder, the Senate will for- Law in All Its Phases.’’ Still, except for pro- A few days later, his broken and mally and officially offer apologies to test art such as Claude McKay’s ‘‘The bloated body was found floating in the not just the families of Emmett Till Lynching’’ and ’s ‘‘Strange river. Emmett Till was returned to his but the nearly 4,800 other Americans Fruit,’’ the sadistic killing of black Ameri- cans has mostly been hidden from America’s mother in Chicago in a coffin. On Sep- who died at the hands of lynch mobs in mainstream. tember 3, 1955, Mamie Till held a his- our country, in this great Nation of The Chicago Historical Society’s exhibit toric funeral for her son at Roberts America, between 1882 and 1968. We will change that. And it strikes us as fitting Temple Church of God in Chicago. She offer our apologies as well to the that photographs and documents, many of did a courageous thing: She directed countless millions of Americans who which are on loan from private collections, that the casket remain open so that ev- were forced to live with the fear that have ended up here. Although the re-opening eryone could see what hatred and rac- they could be the next victim. of the Till murder case has sparked new in- ism had done to her little boy. Emmett Till’s cousin, Simeon terest in this subject, many young Chicagoans probably do not know how wide- Tens of thousands of Chicagoans Wright, was lying next to Emmett the spread this crime was or that it occurred came to say goodbye to 14-year-old Em- night he was kidnapped and lynched. outside of the South in places such as mett Till, a young man who just a few Simeon Wright is with us today. Doria Downstate Cairo. weeks before got on that train to visit Johnson, from Evanston, IL, also is ‘‘No part of the nation was immune,’’ as his family in Mississippi. News cov- with us today. Her grandfather, An- the exhibit recalls with a quotation from erage of that funeral reached millions thony Crawford, was lynched by a W.E.B. Du Bois. ‘‘We must remember because more around the world. Jet Magazine if the world forgets evil, evil is reborn.’’ White mob in Abbeville, SC, in 1916. He The 53 images of lynchings that took place made a historic decision: They decided was beaten, hanged, and shot more between 1870 and 1961 constitute a shocking to print actual photographs of Emmett than 200 times. What kind of offense testament to America’s shame. The lynching Till’s mutilated body lying in the cas- would merit that kind of punishment? exhibition runs through Dec. 4. Don’t miss it. ket and cover his funeral. The decision What had Anthony Crawford done? An- Mr. DURBIN. Mr. President, this edi- by that magazine and the publicity thony Crawford, in 1916, in South Caro- torial from the Chicago Sun-Times that came with Emmett Till’s tragic lina, a Black man, got into an argu- urges people to attend the exhibit and death changed people across America. I ment with a White man over the price notes that ‘‘many young Chicagoans cannot tell you how many African of cotton seed at a store. probably do not know how widespread Americans I have met who said that To them and to all who lost a loved this crime was or that it occurred out- the world changed after the murder of one to lynching and to those who lost side of the South in places such as

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JN6.044 S13PT1 June 13, 2005 CONGRESSIONAL RECORD — SENATE S6379 downstate Cairo,’’ IL. That is an im- part of America’s soul has always re- speedy and impartial trial and the equal pro- portant point. Lynching was not just a mained frozen in that time because of tection of laws guaranteed by the Constitu- southern shame, it was an American our failure to formally acknowledge tion. No man can be permitted to usurp the combined functions of judge, jury, and exe- shame. While most lynchings occurred that what happened was wrong. By cutioner of his fellow men; and whenever any in the South, they also happened in the apologizing to the victims of lynch- state fails to protect such equal rights, I sub- North. ing—and by having the courage to pro- mit that the federal government must do its I commend Senators MARY LANDRIEU tect the victims of hate crimes today— utmost to repair the damage which is then and GEORGE ALLEN for authoring this we can reclaim that piece of our soul chargeable to us all. resolution and working so hard to have and move forward in time as one Na- Faced with both the opportunity and the Senate take it up and right this tion indivisible. the responsibility to act, the Senate historical wrong. It is my hope the Mr. LEVIN. Mr. President, the oppor- simply failed. That failure is a perma- Senate will match the words of this tunity has finally come to make the nent stain on this body, and we are not resolution with action. It is not enough record right—to begin to balance what trying to wipe it away. We only hope to apologize for the failure of our pred- has been an imbalance. We have come that acknowledging it will allow for ecessors to protect their fellow citizens to this floor to apologize for the silence some national healing. from violent prejudice. We have a re- of the U.S. Senate regarding the lynch- To the families of victims of lynch- sponsibility to protect those who are ing of our fellow Americans, primarily ing who sit in the Senate Gallery to- targets of today’s hate crimes as well. African Americans. night, let me offer my personal sorrow Senator TED KENNEDY, a Democrat, Tonight, we begin to redress the over the injustice you have suffered. I and Senator GORDON SMITH, a Repub- lynching madness that swept our coun- hope our action today will bring you lican, have been trying for years to try from the 1880s and which continued some comfort, though it cannot ease persuade Congress to pass a new, unchecked through the 1950s, and even your loss. stronger Federal hate crimes bill. Year as recently as the 1960s. It is estimated As the ranking member of the Armed after year, they have met with resist- that nearly 5,000 Americans were Services Committee, I also want to say ance. lynched during this time. African a special word about the members of Listen to the arguments of those who Americans were strung up from trees, the American Armed Forces who were oppose a stronger hate crimes bill burned at the stake, mutilated in the lynched in the country they had de- fended. Following both today, and you hear the same argu- town square for all to see. Those who and World War II, returning soldiers ments that were made against a Fed- committed such atrocities went with- eral antilynching bill decades ago. The were lynched, many while still wearing out punishment. Justice was not only names have changed, the arguments their military uniforms. It is difficult denied, it was ignored, abdicated, and and the excuses are the same. to imagine a more unjust situation. overthrown. They say we in Congress cannot pass There would be no new respect for The victims were not just those who a strong hate crimes bill because it will these brave African Americans who had were killed. A lynching is not only a infringe on States rights or because the fought for our country, only the old heinous and savage act against one per- Constitution does not give Congress ex- order of injustice and hate. plicit authority to pass such a law. son; it is an act of violence against the Mr. President, it is easy for the Sen- Listen to what a Member of the rights of an entire community. Its vic- ate to apologize now. This is not a House of Representatives, James tims are everyone who hears its hateful tough decision, only a somber one. But Woods of Virginia, said in 1922: message. there are still tough decisions ahead. This bill, commonly known as the ‘‘anti- Ida B. Wells-Barnett explained well While we cannot bring justice to those lynching bill’’ would be described more accu- the nature of lynching in America. who were lynched, we can continue to rately if designated—from the standpoint of Born in Mississippi a few months be- bring about the just society that was its effects rather than from its purpose—as a fore the signing of the Emancipation mocked and shredded by acts of lynch- ‘‘bill to override the Constitution of the Proclamation, Ida Wells-Barnett was ing. United States, to foment race hatred, and to the editor and co-owner of a Black In that spirit, I hope that today is revive sectional animosity.’’ If it were pos- newspaper called ‘‘The Free Speech and sible to put an end to lynching by a lawful part of a larger effort toward racial act of Congress, none would support such Headlight.’’ In 1900, she wrote: reconciliation and justice. We can con- legislation more earnestly than we of the Our country’s national crime is lynching. tinue by honoring the Tuskegee Air- South. It is not the creature of an hour, the sudden men with the Congressional Gold The Constitution does not say any- outburst of uncontrolled fury, or the un- Medal for their contributions to our thing explicitly about the Civil Rights speakable brutality of an insane mob. It rep- Nation’s defense and to its progress, as resents the cool, calculating deliberation of Act, which the Senate passed 41 years intelligent people who openly avow that proposed in bipartisan legislation, S. ago, or the Voting Rights Act, which there is an ‘‘unwritten law’’ that justifies 392, introduced on February 16, 2005. turns 40 today. There always will be them in putting human beings to death with- And we can make progress on so many political voices that will find excuses out complaint under oath, without trial by vital issues—education, health care, to delay acting on the moral challenges jury, without opportunity to make defense, jobs—that would improve the lives of of our time. and without right of appeal. African Americans and all Americans. Finding the moral courage to deal Lynching was an attack on the rule We have moved past lynching, but we with those challenges in our own time of law itself, and yet the U.S. Senate have not reached justice. I hope we will is the real test of leadership. What is it did not act against it. Antilynching not fail to act. we are doing or failing to do today that legislation was called for by seven U.S. In closing, I would like to thank my would lead the Senate 50 years from Presidents. The House of Representa- able colleagues, Senator MARY now to apologize? That is the question. tives passed three antilynching bills. LANDRIEU and Senator GEORGE ALLEN, I hope Congress will pass the Ken- This body passed none, though many for their diligence and leadership in nedy-Smith hate crimes bill as tan- were introduced. bringing this healing resolution, which gible proof to the victims of lynching In 1935, Senator Edward Costigan I was pleased to cosponsor, before the that we will never again withhold our spoke in favor of an antilynching bill U.S. Senate. protection when Americans are per- he had introduced with Senator Robert Mr. MCCAIN. Mr. President, I am secuted and killed simply for being Wagner. Having made a careful yet pas- proud to be an original cosponsor of who they are. sionate argument for his proposed leg- this important resolution. I commend When Mamie Till put her son on that islation, Senator Costigan concluded: my friends and colleagues, Senator train for Mississippi, he was wearing a LANDRIEU and Senator ALLEN, for their watch he had been given by his father If one can mention, much less picture such leadership on this important issue. appalling facts as I have recited without before his father died. The hands on being revolted, he is indeed hardened out of It is difficult to address this subject that watch stopped when Emmitt Till all semblance to humanity. They destroy our without noting the shameful record of was tortured and murdered. claim to civilized life. They must not be per- Senate inaction on the issue of lynch- Much has changed in the 50 years mitted to multiply. Every repetition of mob ing. As noted in the text of the resolu- since Emmitt Till died, but some small brutality denies its victims the right of tion, 4,742 people were lynched in the

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JN6.046 S13PT1 S6380 CONGRESSIONAL RECORD — SENATE June 13, 2005 United States between 1882 and 1968. into the hearts and minds of African flict distinct emotional harms on their During that time, 7 U.S. Presidents Americans, who knew they could be victims, and incite community un- pushed for Congressional action on killed at any time for the most trivial rest.’’ Like acts of terrorism, hate what had succeeded slavery as the ulti- of offenses or for no offense at all. crimes have an impact far greater than mate expression of racism. Between Year after year, the Federal Govern- the impact suffered by individual vic- 1920 and 1940, the House of Representa- ment and State and local governments tims; they are crimes against entire tives passed strong antilynching meas- failed to respond effectively to the dan- communities and against the whole Na- ures on three different occasions. ger. The perpetrators had little reason tion. Whether based on prejudice Sadly, the Senate failed to do its duty to fear that they would be prosecuted against the victim’s race, religion, eth- to enable antilynching legislation to be or convicted. In some cases, scheduled nic background, gender, , or enacted, thus allowing this despicable, lynchings were announced in news- sexual orientation, hate crimes are murderous practice to continue. papers beforehand, demonstrating the modern-day lynchings which threaten This Senate Resolution is long, long unwillingness of local law enforcement not just individuals, but our entire so- overdue. As we all know, the Senate to intervene. Photos of lynchings show cial and political order. has a basic Federal responsibility to onlookers grinning at the camera. The My colleague, Senator SMITH and I provide protection to those in need. failure of local authorities to prevent have introduced bipartisan legislation While our predecessors failed in that these atrocities dehumanized, demor- to strengthen our laws against hate regard, we have an opportunity today alized, and terrorized black Americans. crimes, and I urge all of our colleagues to begin healing the wounds that this When the 370,000 African-American to support it. That bill passed the Sen- body’s failures have inflicted upon the soldiers who served in World War I re- ate last year and died in the House. We African American community for so turned home, many believed that they will not give up until it becomes law. many years. had earned the equality they had pre- As each of us knows, the past has The apology we issue today comes viously been denied. Their hopes soon consequences for the present, and past too late for the thousands of Ameri- turned to frustration, as the discrimi- acts of lynching over many decades cans brutally slain in this abhorrent nation of the pre-war years was re- contributed substantially to the dis- manner. Hopefully, by our acknowledg- newed and reinvigorated. Even newly parities between African American and ment of wrongdoing, and our sincere discharged soldiers were lynched, still Whites. We cannot undo that history, apology, we can bring some solace to wearing their uniforms. but if we are sincere in our apology the family members who still recall— Lynching was more than isolated today, we must match our words with all too vividly—the horror of having a acts of brutality. It was vigilante mob deeds and work harder together to loved one murdered by lynching. murder that became systemic, ritual- close the gaps. We must never forget the thousands ized and condoned by a racist society. At the beginning of this year, mem- of men, women and children who were It became a cruel weapon of white su- bers of the Congressional Black Caucus deprived of life, human dignity, and the premacy which took the lives of many put forward a plan for doing so, and we Constitutional protections that are to African Americans and terrorized should work to implement it as one of be accorded all U.S. citizens, We have a whole communities. Along with Jim the most important issues before us in responsibility—to all Americans—to Crow laws, segregated schools and dis- this Congress. ensure that the tragedy of lynching, mal lack of property rights, lynching We need to do more to ensure the job and this body’s failure to address it, was used as an organized weapon of op- security of African Americans, whose will neither be forgotten, nor repeated. pression that denied the fundamental unemployment rate is 10.1 percent—al- Mr. KENNEDY. Mr. President, I join most double the national average and my colleagues in condemning the rights of tens of millions of African shameful role of lynching in the Na- Americans. As W.E.B. DuBois stated, more than double the unemployment tion’s history and the decades of re- the things that ‘‘the white South rate of Whites. Thirty-four percent of African Amer- fusal by the Nation, especially the feared more than Negro dishonesty, ig- ican children live in poverty, nearly United States Senate, to act against it. norance and incompetency, [were] double the national average. We know I commend my colleagues Senator Negro honesty, knowledge, and effi- that education is the key to oppor- LANDRIEU of Louisiana and Senator ciency.’’ Lynching was part of an orga- tunity and a better life, and we should ALLEN of Virginia for bringing this im- nized attempt to oppress African- portant issue before the Senate floor American communities and exclude be doing more to improve education at and taking this long overdue action. them from the American dream. every level. We need to do more to help And I thank the family members of the In 1900, African-American Congress- the youngest children in American— victims of lynching, many of whom man George White introduced the first and the earlier, the better. Head Start traveled great distances to be here antilynching bill, only to see it die in has a 30-year track record of achieve- today. committee. Brave men and women like ment in preparing children for kinder- The history of lynching is a stain on Ida B. Wells, W.E.B. DuBois, and others garten. It makes an enormous dif- the Nation’s past. Over 4,700 persons in the NAACP, lobbied tirelessly for ference for 300,000 young African Amer- were lynched in the United States from Federal antilynching legislation in the ican children. the 1880s to the 1960s. first half of the twentieth century. We must meet our promise of fully These lynchings involved acts of un- Their efforts succeeded in the House of funding the No Child Left Behind Act. speakable cruelty. Many victims were Representatives, which passed such The President’s proposed budget short- shot, burned or hanged. Some of the legislation three times between 1922 changes elementary education under victims were accused of criminal of- and 1940. Each time, however, the legis- the Act by $12 billion—for a total def- fenses, while others were attacked be- lation died in the Senate. icit of $39 billion since the school re- cause of something they said or be- In 1945, President Truman proposed a form law was first enacted. The No cause they were in the wrong place at new antilynching bill, to make lynch- Child Left Behind Act is already leav- the wrong time. ing a crime under Federal law. His pro- ing 3 million children behind. The vast majority of victims were Af- posal never made it out of the Senate In fact, the President’s proposed rican Americans who were killed solely Judiciary Committee. budget contains the first absolute re- because of their race. In the year 1892 We cannot undo the Senate’s past duction for education in a decade. It alone, 230 persons were lynched—at failures to act against lynching. But has a cumulative cut of $40 billion for least one victim every other day. We we can and must do all we can to erase education over the next 5 years. One must never forget that injustice. Many its bitter legacy. out of every three programs eliminated whites also fell victim to this bru- Today, there is strong need to by the President is a program in the tality, singled out for their religion or strengthen laws against hate crimes Department of Education. ethnicity, their refusal to accept the and other violence motivated by big- We should also be doing more to fund , or other reasons. otry. As the Supreme Court has stated, opportunities for college. We know Lynching was devastating to African -motivated violence is ‘‘more like- that African Americans are only half American communities. It struck fear ly to provoke retaliatory crimes, in- as likely as Whites to earn a college

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JN6.031 S13PT1 June 13, 2005 CONGRESSIONAL RECORD — SENATE S6381 degree. The current annual unmet need from our perspective today. The Sen- bills were constitutional on two grounds: of a typical undergraduate now aver- ator in question is my predecessor, first, that the Federal Government must ages $5,800. It is more important than known as ‘‘the Lion of Idaho,’’ William guarantee a republican form of government ever to increase grant aid. Yet the Borah. to all citizens; second, that the 14th Amend- ment’s equal protection clause allowed for Bush administration has proposed only Senator Borah was one of the leaders federal action in the face of state failure to a $500 increase in the maximum Pell of the Senate in blocking consideration prosecute lynchings. 79 Congo Rec. 6, 6524 grant this year. of the anti-lynching legislation. I think (1935). Borah felt that the first point was The budget also reduces a number of it is important for the record to show ‘‘utterly irrelevant’’ (id.), and apparently so important programs to help African that whatever motives others may did his debating opponents, as almost all the Americans, while preserving tax cuts have had at the time for blocking this constitutional debates Borah participated in for the rich and powerful. It proposes a legislation, William Borah offered con- dealt with aspects of the 14th Amendment. 5-year freeze on child care funding, vincing justifications for his position Regarding the 14th Amendment, Borah consistently argued that any attempt to which will reduce the number of low- rooted in serious constitutional and apply the amendment to the actions of indi- income children receiving this assist- policy concerns. viduals by the Federal Government should be ance by 300,000 in 2009. The budget also This is the conclusion I have drawn rejected, as the amendment’s framers spe- cuts $10 billion over 5 years from Med- from considerable historical research cifically rejected this idea. Id. at 6362. The icaid, the program that provides basic of the debates of the time, which has anti-lynching bills invariably allowed the health care for the poor. been condensed into a report by a tal- Federal Government to step in at some point As we review our legislative prior- ented law student, David Palmer, who to prosecute the perpetrators of a lynching if ities, we cannot forget that we have a served as my law clerk earlier this a state had not done its law-enforcement job, thus mandating federal intrusion into law special duty to address the malignant year. I am going to ask that this report enforcement against individual action which disparities created by long-standing ra- be printed in the RECORD so that all my was not undertaken by the states. Borah ar- cial bigotry in this country—of which colleagues can review it. It is an ab- gued that this simply cannot be justified lynching was the most vicious example sorbing read, and I think it supports under the 14th Amendment, as such a capac- but far from the only example. the conclusion that Senator Borah ity for law enforcement by the Federal Gov- It’s fitting that we enact this apol- made a principled stand at the time. ernment (against individuals not acting as ogy today, the first day of the long I ask unanimous consent that the re- official representatives of a state) was ex- overdue trial for the brutal lynching of port of David Palmer concerning Wil- plicitly rejected by those who originally civil rights workers , An- passed the 14th Amendment. Id. liam Borah’s arguments against Senate In a later debate (in 1937), Borah similarly drew Goodman, and action be printed in the RECORD fol- argued that the 14th Amendment contains no in 1964. Those murders, 41 years ago lowing my statement. clause whatsoever allowing the Federal Gov- this month, took the lives of three There being no objection, the mate- ernment to go into a state and establish civil young men whose only offense was at- rial was ordered to be printed in the liability for damages between citizens of the tempting to register African Ameri- RECORD, as follows: state, or between citizens and a subdivision of a state (as would have been allowed in cans to vote in Mississippi, and it To: Senator Craig that year’s bill). He further argued that this shows how deeply rooted racial vio- Fr: David Palmer anti-lynching bill was such a new propo- lence once was in American life. All of Re: William Borah’s arguments against Sen- sition—constitutionally speaking—that the ate anti-lynching bills in the 1920’s & us hope that the prosecution now tak- people of the United States should be con- 1930’s ing place in that case, like the Senate sulted in the form of passing this bill as a William Borah spoke out in opposition to apology today, can begin to heal these constitutional amendment. Borah feared the anti-lynching bills presented to the Sen- that it would ultimately result in the bitter wounds of injustice that the na- ate on several occasions during the 1920s and ‘‘elimination of the states.’’ 81 Congr. Rec. tion still feels because of the sordid 1930s. He did this primarily for two reasons: 8,8746–8 (1937). legacy of lynching. first, Senator Borah felt that such a bill rep- Additionally, Borah argued that if our na- I look forward to working with my resented an unconstitutional exercise of fed- tion were really concerned about the equal colleagues to achieve the great goal of eral rights in the realm of criminal law (an protection of the law being enforced where it area which had previously been reserved for genuine equal opportunity for all our is needed, then the 1937 bill should not have the states); second—to a lesser degree—Sen- citizens. May the passage of this reso- exempted violence due to ‘‘gangsterism’’ and ator Borah argued that even if such a bill lution mark a new beginning of race re- racketeering. This was the area in which he were constitutional, it would be an ineffec- lations in America. felt that most states had truly failed to en- tive law meant largely to penalize the South. force the law. Instead, the exemption rein- Mr. CRAIG. Mr. President, I rise to Combining these rationales, and noting that forced in Senator Borah’s mind that the clarify the record concerning my sup- lynching was a relatively infrequent crime of anti-lynching bill was really a sectional bill port for the resolution before us today. increasing rarity with each passing year, he aimed at punishing the south while exempt- I chose to cosponsor this resolution argued that the tremendous costs to state ing the northern states for their own law en- because of my abhorrence for the crime sovereignty through federal intrusion in this forcement failures. Id. at 8753. matter would be much more dangerous to of lynching. I have been told that the Finally, in 1938 Senator Borah cited sev- the good of all than any uncertain benefits passage of this resolution will enable eral Supreme Court cases for the proposition that might come through passing such a bill. people whose families were affected by that the 14th Amendment was not designed In short, Senator Borah was not a racist; this terrible crime to resolve their to transfer any power from the states to the rather, he was a man of deep commitment to Federal Government for protecting the lives, frustration that Government authori- this nation’s federalist system, and this liberty and property of a particular state’s ties did not do more to stop it. If this memo will present his respective constitu- citizens. 83 Congr. Rec. 2, 1492 (1938). Borah resolution helps people deal with the tional and policy arguments against the concluded his 14th Amendment arguments by anti-lynching bills of his day. past so that they can move on to the stating that the only way a state could be future, it is a worthwhile statement to 1. WILLIAM BORAH’S CONSTITUTIONAL ARGU- liable under that amendment—in this area of make. MENTS AGAINST THE ANTI-LYNCHING BILLS the law—is if it were to not pro- Having said that, I am aware of con- Senator Borah felt that there were a num- tecting its citizens from lynching. Id. at 1495. cerns that have been raised about pos- ber of constitutional infirmities with the Because the states had done that, and given sible ‘‘next steps’’ based on the Sen- anti-lynching bills he faced, although they that the framers of the 14th Amendment ate’s action on S. Res. 39. Let me just all revolved around his firm belief in states’ (and the Supreme Court) had rejected the say that this resolution should not be rights as a centerpiece of the entire govern- idea that the amendment transferred any interpreted—at least so far as this Sen- ment. His constitutional problems with the power to the Federal Government for enforc- various anti-lynching bills, as well as his ing the criminal law, Senator Borah strongly ator is concerned—as any kind of an reasons for championing state sovereignty so opposed using the 14th Amendment as a basis endorsement for some claim of com- strongly, are detailed below. for the antilynching bills. pensation based on any action or inac- A. BORAH: THE FOURTEENTH AMENDMENT IS NOT B. BORAH: MCCULLOCH V. MARYLAND tion of the Federal Government. AN ACCEPTABLE CONSTITUTIONAL BASIS FOR PRECLUDES THE ANTI-LYNCHING BILLS In fact, what brings me to the floor is ANTI-LYNCHING BILLS Senator Borah attacked the 1938 anti- a concern that the actions of a par- To put Senator Borah’s arguments in con- lynching bill on an additional ground: it ticular Senator long ago may be sub- text, the proponents of the anti-lynching would have allowed the Federal Government jected to unfair, revisionist criticism bills typically based their opinion that such to bring suit on behalf of an individual

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JN6.043 S13PT1 S6382 CONGRESSIONAL RECORD — SENATE June 13, 2005 against a division of a state (a county) if the before the Senate would create a cause of ac- Additionally, Senator Borah included in officials of the division had not enforced tion for an individual against a county (and his speeches some powerful language as to anti-lynching laws. Borah noted that this therefore a state), thus allowing an indi- why he felt so strongly about protecting ability for one sovereign to bring suit vidual to sue a state—which is explicitly states’ rights. In one speech, he explained against another sovereign was precluded by a barred by the 11th Amendment. 83 Congr. that the experiences uniquely gained in local continuous line of Supreme Court cases be- Rec. 1, 965 (1938). While the senator to whom government shaped the political views of the ginning in 1819 with McCulloch v. Maryland, Borah asked this question replied that the founders of this nation. 83 Congr. Rec. 2, 1496 17 U.S.316. Id. at 1490. suit technically was to be brought in the (1938). In another debate, he explained that Senator Borah began this argument by name of the United States Government on in 1922 he opposed, in committee, the Dyer pointing out that McCulloch held the ability behalf of an individual, it is clear that this anti-lynching bill in part because he was of one sovereign to tax another is the ability question was designed to cover Senator Bor- convinced that it is not sound national pol- to destroy it, and this therefore is not con- ah’s bases. In other words, if the suit was un- icy ‘‘to remove responsibility from the dif- stitutionally permissible. He further argued dertaken by the United States against a ferent local governments of the communities that the ability of one sovereign to bring state, then the McCulloch reasoning would for the enforcement of the law. In the long suit against another is an equivalent power, apply to make it unconstitutional; alter- run that results in breaking down all sense and therefore it is unconstitutional on that natively, if the action was undertaken by an of duty upon the part of the citizen.’’ 79 ground as well. Finally, in response to an- individual, the 11th Amendment would Congr. Rec. 6, 6673–74 (1935). other senator’s argument, Borah went apply. In either case the act would be uncon- Moreover, this opposition to encroaching through a detailed list of how the Supreme stitutional. federal power is consistent with Senator Bor- Court had repeatedly issued decisions sup- D. BORAH: THE ANTI-LYNCHING BILLS WOULD ah’s views on other New Deal legislation as porting his view (even in the cases decided DESTROY ESSENTIAL STATES’ RIGHTS detracting from state sovereignty. Regarding since the passage of the 14th Amendment). Near the conclusion of William Borah’s such legislation he went on record as stating Id. at 1491. final speech regarding the anti-lynching that ‘‘we can only have a great Federal There are three key points Borah made in bills, he summarized his position by stating Union by having great individual sovereign support of this McCulloch argument. First, that his only interest in opposing these bills States.’’ Id. Concerning all of these measures he pointed out that the anti-lynching bill was in preserving the integrity of the State. (including the anti-lynching bill), Borah ex- would have allowed the Federal Government To him, the state was and remained ‘‘the pressed his heartfelt feeling that ‘‘there is to sue counties on behalf of individuals, and fountain source of the people’s power in the nothing in all the realm of government more these suits against counties would constitute Government; and when that is destroyed, essential to the happiness and well-being of direct interference by the Federal Govern- democratic government is at an end.’’ 83 the American people than the right of local ment with the power of states over their Congr. Rec. 2, 1496 (1938). Racism did not self-government,’’ and the increased power counties. Numerous Supreme Court decisions enter that consideration, as his words and by the Federal Government constituted an have disallowed such actions because of their actions reveal a man of great devotion to the ever-growing threat to this happiness and impingement on state sovereignty. Id. at ideals of our federal system. Moreover, given well-being. Id. 1492. the complete lack of a constitutional basis In sum, Senator Borah felt that states nec- Second, Borah argued that suing counties for any federal anti-lynching law, Borah felt essarily had to retain their sovereign powers was the same thing as suing states (an idea that such a measure would constitute a to make this union a great one. Any detrac- supported by numerous Supreme Court deci- naked intrusion by the Federal Government tion from that power, particularly one with sions), and states could never consent to be into state sovereignty. Furthermore, while such far-reaching principles for federal in- sued by another sovereign (at most they Senator Borah repeatedly said that he had trusion as would be created under this bill, could consent to be sued by their citizens). great respect for what the senators backing would be devastating to our federal system. Id. at 1493. the anti-lynching bills were trying to do, he Given the complete lack of constitutional Last, he argued that states cannot be also could not allow any such bill to pass out support for such a bill in his eyes, William found liable for the actions of their employ- of the Senate in order to have its constitu- Borah could not in good conscience allow ees when those employees are not acting in tionality ruled on by the Supreme Court (as any of the anti-lynching bills to leave the an official capacity. As states already had several senators had suggested as a course of Senate and potentially destroy the sov- anti-lynching laws on their books, Borah ar- action) without ‘‘stultifying’’ his own con- ereignty of the states under an overreaching gued that any lack of enforcement by state victions. 79 Congr. Rec. 6, 6673–4 (1935). If the Supreme Court. Senator Borah was a deep officials of those state laws indicated that law were to be somehow found constitutional believer in states’ rights, his words and ac- county officials were not acting in an official under an increasingly activist court, Borah tions consistently supported that view, and capacity during the dereliction of their re- felt that through this bill the Congress to ascribe racism to him as a motivation is sponsibilities. Therefore, to allow the Fed- would ‘‘have utterly annihilated all State to both blatantly ignore the historical eral Government to take action against sovereignty.’’ Id. This was a possibility he record as well as demean a man who dedi- those officials would be to allow the govern- could never support. cated his Senate service to furthering the ment to sue the states (through their coun- A primary reason Senator Borah so pas- form of government that would provide the ties) in situations where no official state sionately opposed the anti-lynching bills was greatest good for Americans of all races. As conduct had occurred. 83 Congr. Rec. 1, 141 that allowing federal intrusion through the Senator himself put it (in reference to (1938). This, Borah argued (citing several Su- those bills would create a principle of law the final anti-lynching bill put before him): preme Court decisions for this proposition), that he felt would justify further intrusion ‘‘[t]his, Mr. President, is another com- is constitutionally impermissible. 83 Congr. in almost unlimited circumstances. While promise with a vital principle of our dual Rec. 2, 1494 (1938). supporters of such bills could argue that the system of government. It is bartering with legislation only allowed federal intrusion C. BORAH’S MISCELLANEOUS CONSTITUTIONAL the future for the supposed and transient de- under limited circumstances, the legal prin- mands of the present, and at a time when the ARGUMENTS ciple of the matter was of supreme impor- In addition to the constitutional argu- present is taking care of the problem. It is tance to William Borah. He stated ‘‘[i]f the another instance in which our confidence in ments already discussed, William Borah in- Federal Government can send a United our scheme of government is not strong cluded two other, albeit less-emphasized, States marshal into the State of Tennessee enough to say to all races, all creeds, all legal objections to the anti-lynching bills in to arrest a sheriff because he has failed to groups, and all factions: Your problems, how- his speeches. One such argument was an ob- protect a colored man from violence, it can, ever serious, are subordinate to the prin- jection to the trigger of Federal intervention under the same principle, send a United ciples of this Government, and you must under these bills: when only one man com- States marshal into the State of New York work them out within the compass of the mitted a lynching, it did not allow Federal to arrest a sheriff, or other officer on whom long-tested and well-accepted principles of jurisdiction; rather, it required the actions the duty is imposed, because he neglected to democracy.’’ 83 Congr. Rec. 1, 143 (1938). of a group of people, and thus ‘‘the Constitu- protect the life of a citizen against the vio- tion is being made subject to construction in lence of thugs.’’ 83 Congr. Rec. 1, 141 (1938). II. WILLIAM BORAH’S POLICY ARGUMENTS accordance with the number of persons Therefore, while an anti-lynching bill might AGAINST THE ANTI-LYNCHING BILLS present when the crime takes place.’’ 79 only take a limited amount of power from Although Senator Borah’s opposition to Congr. Rec. 6, 6677 (1935). Borah concluded the states in the short-term, Senator Borah the anti-lynching bills was primarily based this argument by saying that the act should was a man who looked at the long-term fu- on his belief that such legislation rep- be rejected because ‘‘we certainly have not ture; he saw that any such bill such held resented an unconstitutional infringement one Constitution for a half dozen and an- grave implications for the sovereignty of on states’ rights, he also opposed the bills as other Constitution for an individual.’’ Id. at states. Along these lines, he also argued that poor policies. In his view, even if such bills 6504. allowing this level of federal intrusion would were constitutional, they would merely re- Another point that Borah made regarding indicate the complete displacement of our sult in an ineffective law that would destruc- the constitutionality of the anti-lynching nation’s federalist system. After all, if a tively penalize the South. Given that lynch- bills dovetails with his McCulloch arguments. state could not be entrusted exclusively to ing was declining each year as a crime, He posed a question on the floor which im- enforce its own laws, then he felt there was Borah believed that instituting an ineffec- plied that the particular anti-lynching bill no such thing as local government. Id. tive—and potentially damaging—bill to stop

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JN6.038 S13PT1 June 13, 2005 CONGRESSIONAL RECORD — SENATE S6383 a disappearing crime was simply not worth believed that laws could not be enforced visionist history with no basis other than a the price to be paid in greatly eroded state without being backed by public opinion. Id. personal agenda. Any description of William sovereignty. This section will detail William C. BORAH: LYNCHING IS DISAPPEARING AS A Borah as being racially motivated to oppose Borah’s beliefs that creating federal anti- PROBLEM IN THE UNITED STATES the anti-lynching legislation ignores all of lynching laws would be poor national pol- A final policy argument that Senator the written record in order to manufacture a icy—even if they were somehow deemed con- Borah made against anti-lynching laws is preferred reason for the senator’s views. stitutional. that it was a disappearing crime. In 1937 he IV. CONCLUSION A. BORAH: THE ANTI-LYNCHING BILLS ARE offered the statistic that 40,000,000 Ameri- Senator William Borah was a passionate POTENTIALLY HARMFUL SECTIONAL MEASURES cans were living in poverty to support Sen- advocate for states’ rights, and this—rather In an extended speech given in 1938, Sen- ator Pepper’s argument that the Senate than racism—was the basis for his opposition ator Borah assumed, for purposes of arguing should be dealing with the problems of the to the anti-lynching bills presented to the the wisdom of adopting such a policy, that nation’s poor instead of ‘‘debating an anti- Senate during the 1920s and 1930s. Senator the anti-lynching bill before the Senate was lynching bill, when the total toll of lynching Borah felt that those bills were unconstitu- constitutional. He then attacked the poten- last year, I think, was about 11, one of the tional for several reasons, and the 14th tial law on several grounds, beginning with minor categories of crime, nationally speak- Amendment was certainly not a sound basis his belief that the bill was nothing more ing, in the United States.’’ 82 Congr. Rec. 1, for them to pass constitutional muster. than a sectional measure aimed at the 158 (1937). One year later Borah argued that Moreover, Borah saw the anti-lynching bills South. 83 Congr. Rec. 1, 138–9 (1938). By sec- lynching had dramatically decreased in the as creating a principle that would justify re- tional measure, Borah meant that he be- United States since 1918, and it had almost peated and destructive federal intrusion into lieved this legislative measure to be based on disappeared in many states by 1938. Given the state sovereignty that was necessary for the same idea that inspired so much of the extremely small number of lynchings in our nation’s well-being. Finally, as lynching northern policy towards the South during the two years prior to the introduction of had dramatically decreased in the United Reconstruction: a desire to punish the area the 1938 anti-lynching bill (combined with States by the late 1930s, and given the Sen- because the southerners were incapable of the national trend towards fewer lynchings ator’s feelings that anti-lynching legislation self-government. Id. Although the senator each year) Senator Borah concluded that would be an ineffective solution to that dis- did not offer in his 1938 speech a great there was not a sufficient problem to justify appearing problem (while at the same time amount of evidence as to why this was a sec- judging the southern states (through passing threatening national unity), William Borah tional measure, it seems clear from his ear- a sectional measure against them) as having strongly believed that passing an anti-lynch- lier speeches regarding the exception of failed in their provision of free government. ing bill would needlessly destroy our na- ‘‘gangsterism’’ from prosecution that he felt 83 Congr. Rec. 1, 140 (1938). tion’s federalist system without solving any anti-lynching legislation was aimed at a III. POTENTIAL PROBLEMS WITH WILLIAM problems at all. crime primarily occurring in the South BORAH’S STATEMENTS In his final Senate speech against an anti- while simultaneously exempting northern Although Senator William Borah’s speech- lynching bill, Senator Borah eloquently con- cities and states from their own law enforce- es convey the message that his real motiva- cluded by arguing that a loose interpretation ment failures. tion for opposing anti-lynching legislation of the 14th Amendment would contribute to Senator Borah further explained that a was based on his concern for state sov- the downfall of our governmental system, measure aimed at the South would be both ereignty, he did make one particular com- and that ‘‘a few lives will be lost if we do not undeserved by the region and potentially ment that needs to be addressed for its po- pass this measure, . . . which we will all re- harmful to the nation. He felt that the South tential racial offensiveness. In 1938, Borah gret. But many lives were lost to establish had dealt as well as could possibly be ex- referred to a quotation by Henry W. Grady as this Government, to establish this dual sys- pected with its ‘‘race problem’’ in the 70 true, and this quotation described the white tem, and the happiness and contentment of years since the Civil War, and this was in and black races as two ‘‘utterly dissimilar many millions will be lost if we do not pre- part evidenced both by the economic races on the same soil—with equal political serve it.’’ 83 Congr. Rec. 2, 1497 (1938). progress of southern blacks as well as the and civil rights—almost equal in numbers Mr. KOHL. Mr. President, I rise lower per capita arrest rate by southern but terribly unequal in intelligence and re- blacks (as compared to northern blacks). He today not only to show my support for sponsibility.’’ Id. at 141. While this quote S. Res. 39 but also to honor the finally stated his belief that nations are held does on its face seem to be an overtly racist together by more than just laws; mutual re- comment, there are a few reasons why this achievements of Dr. James Cameron, spect, confidence and tolerance from one quote should not be taken as evidence that the oldest living lynching survivor. Dr. part of the country to another is essential William Borah fought the anti-lynching bills Cameron moved on from his horrific too. Borah feared that passing such a sec- because he was himself a racist. early experience with racial hatred to tional bill would arouse old problems in the The first reason this is so is that following found America’s only Black Holocaust south that could potentially disrupt national this quotation, Borah put what he meant by unity. Id. Museum. His life story and work are a it in context. As he explained, he felt that no source of hope and pride for many sur- B. BORAH: THE ANTI-LYNCHING BILLS WILL BE race of people would have the capacity to as- vivors of racial violence. INEFFECTIVE sume full citizenship following years of being Another policy argument that Senator enslaved. Id. (Borah then argued that the ef- Dr. Cameron was born in LaCrosse, Borah advanced against anti-lynching legis- forts by the South in the years since Recon- WI, in 1914 and moved to as a lation was that it would be ineffective. He struction were the best that could be ex- teenager. In Indiana, he accompanied first stated this belief in the Congressional pected given the circumstances of the re- two friends involved in an armed rob- Record in 1935 when he argued that the legis- gion’s past, and therefore the region should bery that turned to rape and murder. lation would be useless because lynching can not be punished by this sectional bill.) Given Though Dr. Cameron ran away well be- only be effectively prevented by educating his statement that no race could have as- fore the crime was committed, all people. 79 Congr. Rec. 6, 6674 (1935). Borah re- sumed full citizenship following such treat- three young men were taken to jail. iterated that same argument in 1938, when ment, it implies that Borah considered any he stated that educating both races ‘‘to un- lack on the part of the blacks to be a result The stormed that jail on derstand their responsibility to society’’ of their slavery rather than an innate racial August 7, 1930, hung Dr. Cameron’s two would be the best way to end lynching, and defect. While it is not a flattering statement, friends and beat Dr. Cameron severely. he also noted that such education was under- it is not strictly a racist remark; instead, Dr. Cameron survived but spent an- way in the South. 83 Congr. Rec. 1, 139 (1938). Borah does seem to indicate that any race other 6 years in jail for crimes he did Additionally, Borah argued that the actual under similar conditions would be unequal in not commit. enforcement of the federal law would be inef- some regards to the enslaving race. Dr. Cameron has never let us forget fectual for two reasons. First, he pointed out More important, William Borah’s other the injustice done to him and to too that the Federal Government is simply in- speeches all strongly reinforce the point that capable of enforcing criminal law; he cited his opposition to the anti-lynching bills were many other victims of lynching and the federally-controlled District of Columbia purely based on his views of the importance other forms of racial violence. After and its extraordinary murder and crime rate of state sovereignty. He repeatedly praised moving back to his home State of Wis- as his primary example of this ineptness. Id. the intentions of his Senate colleagues who consin, he founded the Black Holocaust His second reason aligned with his concern supported the anti-lynching bills, and none Museum in . This unique that this was a sectional bill: Senator Borah of those opponents ever imputed any racist museum lays bare our Nation’s violent felt that if Congress were to pass a bill that motives to his beliefs. While opposing sen- past of racism and slavery. Dr. Cam- the South would interpret as aimed at them, ators may have disagreed with his constitu- eron’s efforts to shine a light on this then it would be completely unrealistic to tional views, there is no record whatsoever expect southerners—even those employed by that Borah’s views were not legitimately disturbing aspect of our history have the Federal Government—to enforce the held in this and other areas of federal expan- opened the eyes of thousands to the anti-lynching laws to any greater degree sion. To try and read such a motivation into suffering of African-Americans—not than the state anti-lynching laws. He firmly the Congressional Record is to engage in re- only in the age of slavery but also in

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JN6.040 S13PT1 S6384 CONGRESSIONAL RECORD — SENATE June 13, 2005 the decades that followed. As painful as the full force of the Federal Govern- U.S. Court of Appeals for the D.C. Cir- the exhibits in his museum are to view, ment’s law enforcement authority to cuit. I believe that Mr. Griffith will they are a necessary reminder of the put an end to lynching. In fact, be- serve the Federal judiciary with honor costs of racial hatred—and of the apol- tween 1890 and 1952, seven Presidents and distinction. ogy we owe to the families torn apart petitioned Congress to halt lynching, Mr. Griffith served as Senate Legal by acts of racial hatred. and almost 200 antilynching bills were Counsel while I was majority leader, Because of my great respect for Dr. introduced in Congress. Most notably, and I found him to be intelligent, hon- Cameron—and because he has opened on three on three occasions between orable, and supremely qualified for this our eyes to the great crimes committed 1920 and 1940, the House of Representa- position on the Federal bench. As Sen- by this nation by not ending lynch- tives passed strong antilynching bills. ate Legal Counsel, he represented the ing—I am cosponsoring S. Res. 39, a And equally as regrettably, all three of Senate, its committees, Members, offi- resolution apologizing to the victims of these bills died in the United States cers, and employees in litigation relat- lynching and the descendants of those Senate. ing to their constitutional powers and victims for the failure of the Senate to That is why I find S. Res. 39 to be en- privileges; advised committees about enact antilynching legislation. The tirely appropriate, and frankly long their investigatory powers and proce- history of lynching in America is an overdue. This resolution, offered by my dures; and represented the institu- atrocious one indeed. Between the colleagues Senator LANDRIEU and Sen- tional interests of the Senate with years 1882 and 1968, some 4,700 people ator ALLEN, constitutes a formal apol- honor. were lynched. And though, over that ogy by the Senate ‘‘to the victims and He was appointed to that nonpartisan same period, nearly 200 antilynching survivors of lynching for its failure to position by a unanimous resolution bills were proposed, none made it past enact antlynching legislation.’’ It fur- sponsored by the leaders on both sides the Senate. ther expresses this Chamber’s sym- of the aisle. In addition to his service That lack of action is truly a black pathy and regret to the descendants of to this body, Mr. Griffith has obtained mark on this institution’s history and these victims. Undoubtedly, a measure extensive legal experience in private legacy. An apology cannot erase our of this nature may stand as insignifi- practice in civil, criminal and regu- crimes—but an acknowledgment of the cant when compared to the sad legacy latory matters. costs of our inaction is a first step to- of men, women, and children dying at Mr. Griffith currently serves as as- ward ensuring we never again let hate the hands of racist, bigoted vigilan- sistant to the president and general and racism run unchecked through our tism. Yet it is my hope that this reso- counsel of Brigham Young University, great Nation. lution, which we will pass tonight, will a position he has held since August of Ms. SNOWE. Mr. President, I rise help heal some of the wounds for the 2000. As general counsel for BYU he is today as a cosponsor and strong sup- surviving family members of the vic- responsible for advising the university porter of S. Res. 39, an apology on be- tims of lynching. on all legal matters, including the half of the United States Senate, for its This effort has been a long time com- management of all litigation involving inaction during one of this Nation’s ing, and I am thankful for the involve- the university. darkest chapters. Today, my colleagues ment of my colleagues, present and Evidence of qualification can also be and I, through this legislation, offer an former, who have taken part in sup- found in Mr. Griffith’s outstanding aca- apology to the victims of lynching, and porting this effort. I thank the spon- demic record. He graduated summa their families and descendants, for the sors of this resolution, Senators ALLEN cum laude from BYU, receiving high Senate’s failure to enact antilynching and LANDRIEU, as well as all other co- honors with distinction from its Hon- legislation throughout the course of sponsors of this resolution, 60 in num- ors Program. He later received his this Nation’s history. Despite the fact ber altogether. I also want to thank Juris Doctor from the University of that, at key junctures in our Nation’s Janet Langhart Cohen and her hus- Virginia School of Law and served on history, the House of Representatives band, our former colleague and fellow the editorial and articles review board passed, and the President stood ready Mainer Bill Cohen. Their devotion to of the Virginia Law Review. to sign, Federal law to actively elimi- championing this cause helped to raise Mr. Griffith has the support of a nate lynching throughout the country, my awareness of this issue, and I am broad, bipartisan group of attorneys such legislation died in the Senate, as sure many of my colleagues have simi- and law professors, including Abner did the many victims of this heinous lar feelings. Mikva, former Chief Judge of the Court crime who might have been saved by For decades after the Civil War, too of Appeals for the D.C. Circuit. the passage of such law. many of our fellow Americans suffered This nominee has also served on the Following the Civil War, and as Re- from the murderous actions of lynch- American Bar Association Central Eu- construction ended Federal troops ing bees and the fear and intimidation ropean and Eurasian Law Initiative’s withdrew their presence from the that accompanied those actions. People Advisory Board. With the CEELI, he States that had been in , of all backgrounds fell victim to lynch participated in the training of judges lynching became the most extreme mobs in nearly every State, but this and lawyers in Croatia, Serbia, Russia, form of racial in the South. burden fell especially hard on our fel- the Czech Republic and several other Between 1881 and 1964, at least 4,749 re- low citizens in the African American countries and has actively worked to ported lynchings took place, with most community. Needless to say, the Sen- establish a regional judicial training of the victims being black; all but four ate bears no direct responsibility for institute in Prague. His experiences in States had at least one lynching on these crimes, nor does this resolution these unique endeavors should be of record. However, 99 percent of the per- suggest anything along those lines. particular value during his tenure on petrators of these crimes escaped any However, the Senate’s sin was one of the bench. punishment, as State and local au- omission. At critical junctures in our Additionally, between 1991 and 1995, thorities refused to investigate and history, when the tide of the terror Mr. Griffith dedicated hundreds of prosecute these cases, and those who wrought by lynching could have been hours in the pro bono representation. were charged with lynching were regu- stemmed by passage of Federal legisla- He has also represented disadvantaged larly acquitted by all-white juries. tion, the Senate single-handedly students in the public school system in Unprotected by State authorities, Af- blocked such action. For this inaction, North Carolina during due process rican-Americans and civil rights at times when this legislative body was hearings that accompanied disciplinary groups sought protection from the Fed- needed the most, we in the Senate ex- actions. eral Government, the same authority press our heart-felt apology to those The American Bar Association has that rid this Nation of the scourge of whose suffering could have been avoid- stated that Mr. Griffith is qualified for slavery. As a result of the Reconstruc- ed. this position in the Federal judiciary, tion amendments to the Constitution, I yield the floor. and I concur. the Federal Government had the ex- Mr. LOTT. Mr. President, I would Mr. LEAHY. Mr. President, the reso- press power to pass legislation under like to state my support for the nomi- lution for consideration today details the 13th and 14th Amendments to use nation of Thomas B. Griffith to the the Senate’s shameful failure to pass

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JN6.037 S13PT1 June 13, 2005 CONGRESSIONAL RECORD — SENATE S6385 anti-lynching legislation despite sev- acts described in this resolution. In ad- recognition to past injustices. Even eral attempts. Even as seven Presi- dition, the continued assistance the ad- more importantly, we ought to live dents called for anti-lynching legisla- ministration is providing to foreign se- today by Lincoln’s dictum. We must tion, and the House three times passed curity forces that violate human make sure our laws and our practices such bills, the Senate has steadfastly rights, directly contradict the message always reflect our belief in individual refused to act. we are trying to send with this resolu- worth and equality under the law. This At least 4,749 people were reported tion. We should not be satisfied with belief held in common is what has lynched between 1881 and 1964, with the long overdue apologies. There are seri- helped Americans—whatever their vast majority of the victims being Af- ous human rights problems that we race, religion, or background—to suc- rican-American. Shockingly, 99 percent need to address today. ceed. of the perpetrators of these horrible A few years ago, I had the oppor- Mr. FEINGOLD. Mr. President, the acts escaped punishment from State or tunity to examine the book ‘‘Without Senate has accomplished some wonder- local authorities. Sanctuary: Lynching Photography in ful things for this country. But some- My State was one of only four or five America,’’ which is referred to in this times this body makes grave mistakes. States that did not have a lynching resolution. The haunting photographs Today, by passing the resolution apolo- during that time. It wasn’t just one or in this book make plain the evil that gizing to the victims of lynching, we two States. It was every State in the lurked in this Nation not very long acknowledge one of the gravest. The Union, every State of the then-48 ago, and make it impossible to accept use of the filibuster and other dilatory States with the exception of only four the fact that the individuals and mobs tactics to prevent the enactment of a or five. that committed these heinous acts by law criminalizing lynching is among Even though my State did not have and large suffered no consequences. the darkest chapters in the history of any, I cosponsored this resolution be- This resolution deserves our immediate the U.S. Senate. This resolution is a cause I believe an apology is in order. approval, and I hope it provides some small but important step toward help- I have cosponsored this resolution be- comfort to the descendants of the vic- ing us come to terms with the Senate’s cause an apology is surely in order, and tims of these horrible crimes. disgraceful failure over a period of I believe Senator LANDRIEU deserves Mr. KYL. Mr. President, it is every many years, at the beginning of this great credit for bringing this impor- citizen’s duty to know American his- century, to protect our citizens. I con- tant issue to the Senate’s attention. tory. One fact we must reckon with is gratulate Senators LANDRIEU and This public act of contrition is an im- that our experiment in self-government ALLEN for their work to bring this res- portant gesture today to take responsi- began in a compromise with the exist- olution before the Senate. bility for the civil rights misdeeds of ence of slavery. As the American exper- There are few crimes as despicable the past. But it is also an opportunity iment went forward, protections grant- and contrary to the rule of law as for Congress to show the country that ed to slavery in the Constitution—a lynching. The practice was born of ha- we will not tolerate similar offenses. document that never explicitly men- tred, racial or otherwise, and disdain As we pass this resolution, it is fitting tioned slavery—were dismantled. The for our criminal justice institutions. to carry this principle to the present cost was great: Brother fought against Unfortunately, lynching occurred and act in kind to prevent civil rights brother in the Civil War, largely over throughout the United States, with and human rights abuses occurring whether ‘‘the peculiar institution’’ cases documented in all but four now in this country and around the would be allowed to thrive in the states. From 1881 to 1964, there were world. United States. When, at the end of that 4,749 recorded victims of lynching. Of As we pass this resolution, we should terrible conflict, the 13th amendment these victims, 3,452 were African Amer- also recognize that it is long past the was put in the Constitution, slavery icans. Worse still, in nearly all cases of time to pass the Local Law Enforce- was abolished. lynching before 1968, local and state ment Enhancement Act, which would Yet while a pernicious institution law enforcement officials failed to in- strengthen and extend our Federal hate was now, thankfully, illegal, its vestigate or prosecute the perpetra- crimes law. The Senate has repeatedly aftereffects were still felt in the former tors. passed this bill, with 65 votes in the slave States. Postwar reconstruction An anti-lynching law would have al- last Congress. The Republican leader- was supposed to restore the natural lowed Federal prosecutors to bring the ship in the House, with the acquies- and the civil rights of the former slaves perpetrators of lynching to justice. On cence of the Bush White House, has and their descendents; but State and three occasions, the House passed anti- killed it. It is fitting that we apologize local authorities did not enforce those lynching bills, but each time a small for past inaction, but that does not ob- rights. The lynching of African Ameri- group of Senators filibustered the pro- viate the need to solve today’s prob- cans, and other forms of , posals in the Senate. lems. would persist into the 20th century, to Although a resolution cannot make By the same token, we should reau- the shame of every decent citizen. up for the terrible injustice perpetrated thorize the Voting Rights Act in this Candidly facing this history is impor- against the victims of lynching and Congress and not wait for 2007. We need tant. We must not forget the wrongs of their families, this resolution is, at to ensure that this law, one of the most the past—nor that we have had leaders least, a positive step toward recog- important bills of the 20th century, re- willing to come forward and stand nizing the Senate’s past mistakes. mains in effect to safeguard the funda- against those wrongs. From the Conti- There is much more that the Senate mental right of all citizens to partici- nental Congress passing the Northwest must do to address continuing racial pate fully in our democracy. Ordinance of 1787, which banned slav- injustice in this country. But this reso- We should also remember the leading ery in the region northwest of the Ohio lution is a worthy effort. I am proud to role this country played in drafting the River, to the words and deeds of Fred- support it, and I am pleased that the Universal Declaration of Human erick Douglass and Abraham Lincoln, Senate will pass it tonight. Rights, which was modeled on our own to the civil rights movement of the Mrs. LINCOLN. Mr. President. I rise Bill of Rights. As the country that, es- 1960s, brave men and women reaffirmed today in support of Senate Resolution pecially since the Second World War, for all of us the principles of human 39. has been looked to around the world as equality and consent of the governed This resolution acknowledges a dark a beacon of hope for victims of arbi- on which our Nation was founded. period in the history of our Nation and trary arrest, torture, and the denial of Lincoln declared: ‘‘Those who deny the history of this institution. It was a fundamental freedoms, we need to set a freedom to others deserve it not for time of racial intolerance, hatred and far better example than we are today. themselves, and under a just God, can- violence, that took the lives of 4,742 The atrocities and dehumanizing mis- not long retain it.’’ people, mostly African Americans, be- treatment that have occurred in U.S. I support Senate Resolution 39 in the tween 1882 and 1968. It was also a time military detention facilities in Afghan- name of honesty and national unity. As when this body failed to fulfill its istan, Iraq and Guantanamo, are eerily Senators representing Americans of all moral and constitutional responsibil- reminiscent of some of the despicable colors and creeds, we ought to give due ities to pass significant legislation

VerDate jul 14 2003 05:10 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JN6.035 S13PT1 S6386 CONGRESSIONAL RECORD — SENATE June 13, 2005 which may have prevented many of crime, and three times companion bills rible wrong—the Senate’s repeated fail- these deaths. failed to garner enough support to stop ure to adopt anti-lynching legislation. During this time, there were 284 vic- a filibuster in the Senate. Today, it is This legislation is long, long overdue. I tims of lynching in my home State of time for atonement—and for a belated join my colleagues in offering this res- Arkansas. It was a crime that was doc- apology on behalf of the United States olution as a way of saying how pro- umented in over 46 States. To properly Senate. foundly sorry we are that the Senate punish those responsible, Congress My colleagues and I have drafted this did not act decades earlier—when ac- tried on over 200 occasions to pass resolution to apologize for the past tion might have saved lives. We also re- antilynching legislation but on each mistakes of this governing body. This commit ourselves to ensuring that this occasion it came to the Senate floor, it terrible crime was a widespread phe- will never happen again. was defeated. nomenon in the late 19th century and The horrific practice of lynching is a While we can never adequately ex- throughout the first half of the 20 cen- stain on our Nation—and on our souls. press the deep sympathy and regret in tury. It was practiced in some 46 There were over 4,700 documented our hearts, I am hopeful this long over- states. lynchings in the United States. There due acknowledgment and apology Mark Twain once termed lynching as were 29 documented lynchings in Mary- brings some sense of solace to the de- an ‘‘epidemic of bloody insanities.’’ land. These lynchings were public scendants of victims of lynching. This Compounding the tragedy of lynching events, with members of the commu- was a moment in our nation’s history is that fact that some 99 percent of the nity colluding—either directly or indi- that was at odds with the principles perpetrators of these crimes failed to rectly—in this horrifying practice. It upon which we were founded, and a mo- receive any punishment for their ac- was no accident that they made them ment at odds with our future. When we tions. public—they were sending a message to acknowledge the misdeeds of our past This resolution cannot make up for other African Americans in the com- and demonstrate a willingness to learn the Senate’s past failures, but it will munity. These crimes left thousands of the lessons from those actions, we serve as a statement of remorse from people dead and families and commu- build upon the many things that unite this body. It has been said that one nities scarred. Yet 99 percent of these us all to make our Nation stronger and cannot judge the past through the lens murderers were never arrested or tried a better place to live. of the present, but lynching should for their crimes. Mrs. BOXER. Mr. President, today we have been viewed as a crime in any For many in Maryland, the history of in the Senate are finally apologizing to time. The Senate, through this legisla- lynchings is not an abstraction—it is the descendants of the nearly 5,000 vic- tion, apologizes for its past mistakes, the history of their family or their tims of lynching, primarily African and seeks to redress the failure of this community. The Washington Post re- Americans, for our failure to enact body to protect Americans from vio- ported about a 1906 lynching in Annap- antilynching legislation. lent and sadistic behavior. olis, where Henry Davis was lynched on Even though the House of Represent- No longer will this body permit an a bluff near College Creek just days be- atives passed three strong antilynching ‘‘epidemic of bloody insanities’’ to fore Christmas. There was George measures between 1920 and 1940, the overtake this Nation. Armwood, who was lynched and burned Senate filibustered all of those meas- Mr. JEFFORDS. Mr. President, I by a mob in Princess Anne’s County, ures. This was wrong, and this resolu- would like to express my support for and King Davis—who was lynched in tion is long overdue. Senate passage of S. Res. 39, a resolu- Brooklyn, MD on Christmas Day in Lynching, a widely acknowledged tion of apology for the Senate’s failure 1911. Many institutions throughout the practice that continued until the mid- to pass anti-lynching legislation. Nation have tried to document the ex- dle of the 20th century, was a shameful Some may wonder about the need to tent of this racial violence—but so chapter in our history. It was mob jus- pass this resolution concerning events many incidents went unreported that tice at its most heinous, motivated by that occurred decades ago. I believe it we will never have a true account of racial and . And it was a is important that light be shown upon, how many African Americans were national problem occurring in all but and a discussion occur, about these murdered. four States in our country. horrific events. As the famous saying Billie Holiday, a Baltimore native, While passing this apology is impor- goes, ‘‘Those who do not know history tried to capture the despicable practice tant, it not going to right every wrong. are doomed to repeat it.’’ There were of lynching in her 1939 song ‘‘Strange And it does not absolve us of our re- almost 5,000 documented cases of mob Fruit.’’ Her career suffered because of sponsibility to continue to work to lynching in the United States since the the painful honesty of this song. Her provide justice in American society. Civil War. It is important to note that record label refused to record it, and Justice at the polls for those who are many historians believe this number some of her concerts were cancelled. made to stand in line for hours to exer- should be doubled to include the un- Yet Holiday’s perseverance turned cise their right to vote. documented cases that occurred. ‘‘Strange Fruit’’ into one of the ‘‘most Justice in the schools so that every Lynchings occurred almost every- influential protest songs ever written’’ child has an equal educational oppor- where in the United States, and were in and an inspiration for those fighting tunity. many cases examples of so-called mob for racial justice. Justice in the workplace so that no justice which thwarted the decisions of The Senate tried several times to put worker will face discrimination. or shortcut the American judicial sys- an end to this monstrous practice by Let us use this opportunity not only tem. Despite the national scope of outlawing it, but each time the meas- to apologize for a shameful injustice these events, the Senate refused to ure died. This is a horrific failure that but to dedicate ourselves to eradi- pass anti-lynching legislation that cost American lives. This failure will cating the remaining injustices in our would provide greater protection to in- always be a scar on the record of the society. nocent victims and bring the guilty to United States Senate. Mr. HARKIN. Mr. President, I am justice. Today we apologize for this tragedy, here to speak on the Senate’s need to While we cannot reverse the deci- though no action now can right this redress a past wrong. For more than 6 sions made by previous Senates, we can wrong. Although we acknowledge this decades, the Senate attempted to pass at the very least, offer our apologies dark side of our history, we cannot and legislation outlawing the terrible act and highlight this shameful period in should not want to erase it. We must of lynching. And for more than six dec- American history. Only by exposing ensure that it serves as a lesson about ades, against the wishes of many Presi- these terrible events, discussing how a time when we failed to protect indi- dents and a majority of Congressmen they occurred, and learning from them vidual rights and preserve freedom. and Senators, a small minority of Sen- can we hope to avoid repeating them in This legislation is important to rec- ators prevented any antilynching legis- the future. ognizing the evil of lynching and the lation from passing this body. Three Ms. MIKULSKI. Mr. President, today failure of government to protect its times the House passed bills with se- the Senate acknowledges the dark side citizens. It also stands as a symbol of vere penalties for perpetrators of this of our history. We apologize for a ter- our commitment to move our Nation

VerDate jul 14 2003 05:50 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JN6.039 S13PT1 June 13, 2005 CONGRESSIONAL RECORD — SENATE S6387 forward so we can truly be a symbol of advancement of the United States of There is no resolution of apology democracy. America. that we can pass today that will teach Next week in Baltimore, we will open Black History Month, and this dis- one more child to read, prevent one the Reginald Lewis Museum of African cussion in the Senate today, offer an more case of AIDS, or stop one more American History and Culture. It will opportunity to remind ourselves that violent crime. The best way for the be a proud day—the celebration of a the United States of America is a work United States Senate to condemn strong and proud history that has made in progress. Ours is the story of a peo- lynching is to get to work on legisla- our Nation great. This museum docu- ple establishing high ideals, and then tion that would offer African Ameri- ments the courageous journeys toward struggling to reach them, often falling cans and other Americans better access freedom and self-determination for Af- short, rarely achieving them, but al- to good schools, quality health care rican Americans in Maryland and in ways recommitting ourselves to trying and decent jobs. By joining together in America. Yet history must also ac- again. This is why we continue to say our Black History Month resolution, 35 knowledge this dark side of our his- that anything is possible in America, members of this body commit our- tory. We must educate the next genera- that no child shall be left behind, and selves to do just that, to find more tions about the proud history, and that we will pay any price to defend ways to look to the future, and to con- mighty struggle that African Ameri- freedom, although we well know that tinue to contribute to this work in cans have endured in the United we will never quite reach such lofty progress that is the United States of States. ideals. America. Today, this resolution stands as a Perhaps the most ambitious of our I don’t know what my friend Alex painful reminder of that history. Yet it goals is the proposition, expressed in Haley would say about this Senate res- should also stand as a guiding prin- the Declaration of Independence, that olution or that Senate resolution. But ciple—that we must always fight to ‘‘all Men are created equal, that they I do know how he celebrated Black His- protect the rights of all Americans. are endowed by their Creator with cer- tory Month. He told wonderful stories This resolution acknowledges that the tain inalienable Rights, that among about African Americans and other Senate was wrong when it failed to these are Life, Liberty, and the Pursuit Americans who believed in the struggle enact anti-lynching laws. But it also of Happiness. . . . .’’ Our most con- for freedom and the struggle for equal- empowers us to move forward to do all spicuous failure to reach this goal is ity; he minced no words in describing that we can to strengthen opportunity the treatment of African Americans. the terrible injustices they overcame. for all Americans, to fight discrimina- Slavery, lynching, and segregation are He said to children that they were liv- tion in every form and to ensure that all disgraceful examples of times when ing in a wonderful country of great we vigorously protect the rights of all this Nation failed African Americans, goals, and that while many in the past Americans. when we failed to live up to our own often had failed to reach those goals, Mr. ALEXANDER. Mr. President, promise of that fundamental truth that that we Americans always recommit this past February, I introduced the all men are created equal. ourselves to keep trying. resolution celebrating Black History However, for almost every time that Mr. CORNYN. Mr. President, I wish Month that follows these remarks. we have failed, we have then struggled to associate myself with the articulate Thirty five other Senators have joined to come to terms with the disappoint- and poignant remarks of the junior me in this effort. I offered this resolu- ment of that failure and recommitted Senator from Tennessee. He is abso- tion in the spirit of my late friend Alex ourselves to trying again. Where there lutely right, of course, that the era of Haley, who lived his life by the words once was slavery, we enacted the 13th widespread lynching in our nation’s ‘‘Find the Good and Praise It’’. These and 14th amendments abolishing slav- history is deplorable. And he is right six words are etched on his tombstone ery and declaring equal protection that we must look to the future, to en- in the front yard of his grandparents’ under the law for all races. After seg- sure that such crimes are never again home in Henning, TN. When Alex was a regation, came Brown v. Board of Edu- allowed to occur. boy, he would sit on the front porch cation and the Voting Rights Act. There are different ways to acknowl- steps of that home on summer evenings There are so many moments like these edge those times when Americans have listening to his great aunts rock in in our history. We should celebrate failed to achieve the goals we have set their chairs and tell the stories that these moments, but we should not stop for ourselves. The Senator from Ten- eventually became Roots, the story of there. We celebrate and remember our nessee quotes Maya Angelou, who once the struggle for freedom and equality. history so that we can learn its lessons wrote, ‘‘History, despite its wrenching It is in that spirit that the Black His- and apply them today. Today’s wrongs pain, cannot be unlived, but if faced tory Month resolution honors the con- are begging for attention. African with courage, need not be lived again.’’ tributions of African Americans Americans in this country face signifi- Indeed, let us learn from the past, and throughout our history, recommits the cant and often crippling disparities in look forward with such courage. United States Senate to the goals of education, health care, quality of life, The PRESIDING OFFICER (Mr. liberty and equal opportunity for every and other areas where the Federal Gov- ISAKSON). The Senator from Arkansas. American, condemns the horrors of ernment can play a role. Mr. PRYOR. Mr. President, I know slavery, lynching, segregation, and There are different ways to acknowl- we have other Senators on their way to other instances in which our country edge those times when Americans have the Chamber to speak. has failed to measure up to its noble failed to live up to our lofty goals. The I suggest the absence of a quorum. goals, and pledges to work to improve Senators from Louisiana and Virginia, The PRESIDING OFFICER. The educational, health, and job opportuni- who are also co-sponsors of our Black clerk will call the roll. ties for African Americans and for all History Month resolution, have chosen The legislative clerk proceeded to Americans. to apologize for the actions of some call the roll. African Americans were brought earlier Senators as a way of expressing Ms. LANDRIEU. Mr. President, I ask forcibly to these shores in the 17th cen- their revulsion to lynching. I also con- unanimous consent that the order for tury. From that dark beginning, how- demn lynching, and this Black History the quorum call be rescinded. ever, these men and women and their Month resolution condemns lynching. The PRESIDING OFFICER. Without descendants have overcome great ob- But, rather than begin to catalog and objection, it is so ordered. stacles. They continue to do so, and apologize for all those times that some Ms. LANDRIEU. Mr. President, I am have taken a prominent place among Americans have failed to reach our here tonight on behalf of my colleague the many people of diverse back- goals, I prefer to look ahead. I prefer to from Virginia, Senator ALLEN, and all grounds who have come together here look to correct current injustices rath- of our colleagues who participated in to form a single nation. African Ameri- er than to look to the past. Maya the debate to close out this evening on cans have made and continue to make Angelou once wrote, ‘‘History, despite this very important and historic reso- significant contributions to the eco- its wrenching pain, cannot be unlived, lution, S. Res. 39, which has apologized nomic, educational, political, artistic, but if faced with courage, need not be formally, officially, and with great sin- literary, scientific, and technological lived again.’’ cerity to the thousands of victims of

VerDate jul 14 2003 05:50 Jun 14, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A13JN6.043 S13PT1 S6388 CONGRESSIONAL RECORD — SENATE June 13, 2005 lynching and to their descendants. It came with their own being, their own great, great-grandchildren. Some of the was, as was stated most eloquently and bodies to try to tell the Senate what victims and some of the journalists passionately on this floor, a very dark you are reading about isn’t true; these who have written about this in the past chapter, indeed, in American history, are innocent people. were here. Let’s make sure they know but a real mark against this Senate escorted them to this Chamber and, of the truth and they know that tonight that, despite the repeated pleas of the course, through all of their mighty ef- we apologize. victims and their families, thousands forts, actions were not taken, but not Thank you, Mr. President. of Americans, the House of Representa- through any fault of hers. What I want Mr. BENNETT. Mr. President, I have tives, and seven Presidents, of both to quote is what she wrote about uni- listened with great interest to the pres- parties, the Senate failed to act. versal human rights. I read this as a entations that have been made on the Tonight the Senate has admitted its young legislator. Of course, we read floor and wish to be associated with mistake and has taken a very positive lots of things, and some things stick the sentiments involved. step in admitting failure so that we and some don’t. This particular quote I come from a State that does not can have a brighter future. I know that is seared into my heart. I try to re- have a history of lynchings, but that many of these victims and their fami- member it every chance I get. I read it does not mean I should be absolved lies—‘‘survivors’’ is really a better often, and I would like to read it to- from the concern that all Americans word—have triumphed against this night because it is very relevant to the should have over the lynchings that evil. Many were African Americans, debate that we have had. She wrote: have occurred. I note that it was the filibuster that made it possible for the but they were people of all different Where, after all, do universal human rights races and religious backgrounds. Many begin? In small places, close to home—so Senate to be the body that blocked this of them were here tonight and have close and so small they cannot be seen on legislation in the past. I would hope been with us all day today. any maps of the world. Yet they are the that in the future, we would all realize I know their names are part of the world of the individual person, the neighbor- that the filibuster should be used for hood he lives in, the school or college he at- more beneficial purposes than that. record, but again they were James tends, the factory, farm, or office where he f Cameron, 91 years old, a victim of works. Such are the places where every man, lynching who miraculously survived to woman, and child seeks equal justice, equal MORNING BUSINESS tell his story; Doria Johnson, the opportunity, equal dignity without discrimi- Mr. BENNETT. Mr. President, I ask great-granddaughter of Anthony nation. Unless these rights have meaning there, they have little meaning anywhere. unanimous consent that there now be a Crawford—Grandpa Crawford, as he has period of morning business with Sen- been called—from Abbeville, SC—what Without concerted citizen action to uphold them close at home, we shall look for them ators permitted to speak for up to 10 a story that family has to tell. Dan in vain in the larger world. minutes each. Distel, the great-grandson of Ida Wells. We have heard stories today—hun- The PRESIDING OFFICER. Without What a brave and historic journalist dreds of stories about these small objection, it is so ordered. she was. In the face of literally con- places close to home—trees in a public f stant threats to her life, she continued square, river banks, levees, streets, IMPORTANCE OF CONSULTATION to write. What a role model for journal- alleys, open fields, behind school build- ON JUDICIAL NOMINATIONS ists everywhere of the courage of what ings, and in front of stores. This is it really takes to tell a story. And she where people want to experience dig- Mr. LEAHY. Mr. President, I spoke did it. nity and justice. Some of these towns on the Senate floor last week about the We had many other family members are so little they may still not be on benefits to all if the President were to and history professors with us today. any map of the United States. Maybe consult with Members of the Senate There was a tremendous effort that en- in some of these towns—because of from both sides of the aisle on impor- abled us to get to the floor tonight. As what happened in the past—there are tant judicial nominations. I return I wrap up, I want to again thank the very few people who live there. And today to emphasize again the signifi- staff. I thank my staff, including Jason some of these places are quite large, cance of meaningful consultation on Matthews, my deputy chief of staff; where you can find them on the map. I these nominations because it bears re- Kathleen Strottman, legislative direc- think it is instructive for the Senate, peating given what is at stake for the tor; Nash Molpus, who is with me on as we make this sincere apology to- Senate, the judiciary and this country. the floor. Our staff has been very help- night, that we really take a breath and In a few more days the United States ful. Senator ALLEN’s staff has also been be very introspective to think about Supreme Court will complete its term. remarkable and so many have contrib- where these small places are in Amer- Last year the chief justice noted pub- uted to this effort. ica, where these places of any size are licly that at the age of 80, one thinks I had many quotes to choose from, in America, and recommit ourselves to about retirement. I get to see the chief Mr. President, to end tonight. Really, be honest about our failings and our from time to time in connection with there were hundreds of them that shortcomings, to be honest about the his work for the Judicial Conference would be appropriate. But one was es- fact that we are not always as coura- and the Smithsonian Institution. pecially appropriate, for the close of geous as we should be. Sometimes we see each other in this debate because, while it ends one But when we come to a point where Vermont or en route there, and I am chapter, it begins many new chapters we know we made the wrong decision, struck every time by his commitment. in the history of our Nation. The we didn’t act in the best interests of I marvel at him. I think that his par- woman I will quote from is one I have our country or the American citizens ticipation at the inauguration earlier admired my whole life. I have read who look to us for their protection and this year sent a powerful positive mes- much about her and have been taught a their support, we should at least be sage to the country. I know that the lot about her. I will read this quote able to sincerely say we are sorry. That chief justice will retire when he decides from this particular woman because it is what we did tonight. I thank Eleanor that he should, not before. He has took guts to say what she did, at a Roosevelt. I am forever grateful for her earned that right. I have great respect time when people in America didn’t great leadership for the country and and affection for him and he is in our want to hear it. This came at a time for thousands of Americans, people of prayers. when people didn’t want to hear what all races, who advocated for justice and In light of the age and health of our women had to say, generally, about freedom at great expense to their own Supreme Court justices, speculation is any subject, let alone the subject of in- life—which is not what most of us ex- accelerating about the potential for a justice and intolerance not only in our perience today, gratefully—with great Supreme Court vacancy this summer. Nation but the world. expense to their reputation, their live- In advance of any such vacancy, I have The woman I will quote is Eleanor lihood. She was really not understood called upon the President to follow the Roosevelt, who actually led a group of or appreciated in the world in which constructive and successful examples descendants into this Chamber in 1938 she lived. set by previous Presidents of both par- to urge the Senate, hopefully by their There were many children in the Sen- ties who engaged in meaningful con- presence, to act—men and women who ate today, these children and great, sultation with Members of the Senate

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