12262 CONGRESSIONAL RECORD—SENATE June 13, 2005 about one of this institution’s great honor the legacy of these victims by Whereas lynching was a crime that oc- failures—its shameful refusal to enact continuing to confront the challenges curred throughout the United States, with antilynching legislation in the first in civil rights before us in enacting leg- documented incidents in all but 4 States; half of the 20th century. islation that will protect, for example, Whereas at least 4,742 people, predomi- nantly African-Americans, were reported Today, one of the saddest chapters in voting rights and improve the lives of lynched in the United States between 1882 our Chamber’s history will come to a so many Americans. and 1968; close when we apologize for the Sen- First, I encourage my colleagues on Whereas 99 percent of all perpetrators of ate’s inaction. I join my colleagues in both sides of the aisle to stand strong lynching escaped from punishment by State apologizing to the deceased victims of in support of reauthorizing the Voting or local officials; lynchings and their surviving loved Rights Act. Whereas lynching prompted African-Amer- ones. I pray this Chamber will never Second, disparities between African icans to form the National Association for fail to see this injustice that was done. Americans and Whites in health care the Advancement of Colored People (NAACP) and prompted members of B’nai B’rith to We must realize and understand what and education are still too great. I en- found the Anti-Defamation League; it was. It was an injustice. courage this body to support legisla- Whereas nearly 200 anti-lynching bills were While the exact number is impossible tion that will improve health care introduced in Congress during the first half to determine, records indicate that among African Americans, improve of the 20th century; since 1882—the best records we have— educational resources, and provide op- Whereas, between 1890 and 1952, 7 Presi- 4,749 individuals have died from lynch- portunities for African Americans in dents petitioned Congress to end lynching; ing, men and women, mostly men, and many different avenues. Whereas, between 1920 and 1940, the House most of them by far African Ameri- Finally, I ask the families of the vic- of Representatives passed 3 strong anti- cans. These Americans were killed, tor- tims of these terrible crimes to accept lynching measures; Whereas protection against lynching was tured, mutilated, and maimed with the Senate’s apology, and I pray that the minimum and most basic of Federal re- near impunity. Most were denied due my colleagues will act positively on sponsibilities, and the Senate considered but process under the law, and their killers upcoming legislation to honor the failed to enact anti-lynching legislation de- rarely—very rarely—faced con- souls of those passed and that they spite repeated requests by civil rights sequences for their actions, as indi- may finally rest in peace. groups, Presidents, and the House of Rep- cated by the prayer offered today by Mr. President, I yield the floor and resentatives to do so; our Chaplain which indicated little less suggest the absence of a quorum. Whereas the recent publication of ‘‘With- than 1 percent who saw some retribu- The ACTING PRESIDENT pro tem- out Sanctuary: Lynching Photography in America’’ helped bring greater awareness tion in the courts. The Senate’s inac- pore. The clerk will call the roll. and proper recognition of the victims of tion helped create a culture of accept- The bill clerk proceeded to call the lynching; ance toward these heinous crimes roll. Whereas only by coming to terms with his- against humanity. Ms. LANDRIEU. Mr. President, I ask tory can the United States effectively cham- Photos from this book—‘‘Without unanimous consent that the order for pion human rights abroad; and Sanctuary’’ is the name of the book—a the quorum call be rescinded. Whereas an apology offered in the spirit of book of lynchings that occurred in The PRESIDING OFFICER (Mr. true repentance moves the United States to- America, and it is depicted in photo- CHAFEE). Without objection, it is so or- ward reconciliation and may become central to a new understanding, on which improved graphs—photographs that are so hard dered. Ms. LANDRIEU. I ask unanimous racial relations can be forged: Now, there- to accept—is the principal reason we fore, be it are here today, this one book. consent that the debate time on the Resolved, That the Senate— This book shows men, women, chil- Griffith nomination be yielded back (1) apologizes to the victims of lynching for dren donning their finest clothing and and the Senate proceed to legislative the failure of the Senate to enact anti-lynch- gleefully posing in front of deceased session in order to consider S. Res. 39. ing legislation; people who had been hanged and, prior The PRESIDING OFFICER. Without (2) expresses the deepest sympathies and to being hanged, often mutilated. Even objection, it is so ordered. most solemn regrets of the Senate to the de- scendants of victims of lynching, the ances- worse, many photos were turned into f tors of whom were deprived of life, human postcards, until 1908, when the Senate LEGISLATIVE SESSION dignity, and the constitutional protections at least amended U.S. Postal Service accorded all citizens of the United States; regulations to forbid the mailing of The PRESIDING OFFICER. Under and lynching photographs made into post- the previous order, the Senate will now (3) remembers the history of lynching, to cards. Think about that. return to legislative session. ensure that these tragedies will be neither American history is rich with stories f forgotten nor repeated. of heroes and heroines, as well as patri- APOLOGIZING TO LYNCHING VIC- Ms. LANDRIEU. Mr. President, to- ots, of patriotism. However, the lynch- TIMS AND THEIR DESCENDANTS night this body will take an important ing of so many Americans will always and extraordinary step. The Senate be a stain on our great democracy. The PRESIDING OFFICER. The will, belatedly but most sincerely, Only after passage of time, only after clerk will report the resolution by issue a formal apology to the victims growing pressure from civil rights or- title. of lynching and their families, some of The bill clerk read as follows: ganizations, only after over 200 whom are with us tonight in this antilynching bills, condemnation by A resolution (S. Res. 39) apologizing to the Chamber, for its failure to pass foreign nations, petitions from seven victims of lynching and the descendants of antilynching legislation. those victims for the failure of the Senate to U.S. Presidents, and outcries from the enact anti-lynching legislation. Without question, there have been African-American press and some other grave injustices committed in Ms. LANDRIEU. Mr. President, I ask mainstream publications did the occur- the noble exercise of establishing this unanimous consent that the clerk pro- rence of this horrible act decline. But great democracy. Some have already ceed with the reading of the resolution. this book, published in 2000, is the real been acknowledged and addressed by The PRESIDING OFFICER. Without reason we are moving today. this and previous Congresses, and our objection, it is so ordered. It is my sincere hope that the rel- work continues. However, there may be The bill clerk read as follows: atives of the victims of these horrible no other injustice in American history acts will accept this body’s sincere Whereas the crime of lynching succeeded for which the Senate so uniquely bears slavery as the ultimate expression of racism responsibility. In refusing to take up apology and take solace in the Senate in the United States following Reconstruc- finally recognizing its shortcomings. tion; legislation passed by the House of Rep- It is also my sincere hope that the Whereas lynching was a widely acknowl- resentatives on three separate occa- Senate does not stop with its apologies. edged practice in the United States until the sions and requested by seven Presi- There is much more to be done. We can middle of the 20th century; dents from William Henry Harrison to

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12263 Harry Truman, the Senate engaged in a not been completely told, and it needs a tree limb. The mob would keep him different kind of culpability. to be told tonight and every day into there in that position until he almost Beginning in 1881, this tragic phe- the future. died then lower him again to begin the nomenon of domestic terrorism was As you can see, there are children torment all over. documented in large measure through gathered here. These are children look- After several hours, and I guess the the groundbreaking and heroic efforts ing up at this man hanging from a tree. crowd exhausted themselves, they just of Ida B. Wells-Barnett and the inde- History will record that some of these decided to kill him. His body was then pendent newspapers and publications. children were let out of Sunday schools dragged by car back to Marianna, and From that year until 1964, 4,742 Amer- to attend the lynchings. History will 7,000 people from 11 States were there ican citizens were lynched. These are record that some businesses closed to see his body in the courthouse of the the recorded numbers. Historians esti- down so that the whole town could at- town square. Pictures were taken and mate the true number to be much high- tend these lynchings. History will sold for 50 cents a piece. er. record that these lynchings did not One might ask, how do we know all An apology alone can never suffice to occur mostly at night or in the back the grizzly details of Claude Neal’s heal the harm that was done, and for woods or across the levees—lynchings death? It is very simple. The news- many victims justice is out of reach. were a community event. In many in- papers in Florida had given advance Yet I believe, and this resolution lays stances, it was a form of public enter- notice. They recorded it one horrible forth the principle, that a sincere and tainment. It was mass violence, an moment after another. One of the heartfelt apology is a necessary first open act of terrorism directed pri- members of the lynch mob proudly re- step toward real healing. marily against African Americans and layed all the details that reporters had It is important that the people of our others who sympathized with their missed in person. Yet, even with the country understand the true nature of cause. public notice, 7,000 people in attend- this unprecedented rampage of terror. If we are truly to understand the ance, and people bragging about the ac- Many Americans have images from magnitude of this tragedy, we must tivity, Federal authorities were impo- popular books and movies, like ‘‘To study the stories behind this grim pa- tent to stop this murder. State au- Kill a Mockingbird,’’ that cloud their rade of death. thorities seemed to condone it, and the understanding of lynching. A group of In March of 1892, three personal Senate of the United States refused to angry White men take an accused and friends of Ida B. Wells opened the ‘‘Peo- act. presumed guilty Black man deep into ple’s Grocery Company,’’ a store lo- Time went on. In 1955, just 9 years be- the woods and hang him. Those are the cated across the street from a White- fore Congress passed the Civil Rights images, although accurate and tragic, owned grocery store that had pre- Act, the world witnessed the brutal but they delude us from the true na- viously been the only grocer in the lynching of Emmett Till. Fourteen ture of lynching in this dark period of area. Angered by the loss of business, a years old, Emmett Till was excited American history. mob gathered to run the new grocers about his trip from his home on Chi- The thought of a small, angry mob out of town. Forewarned about the at- cago’s southside to the Mississippi murdering Black prisoners in the dead tack on their store, the three owners Delta. Like many children during the of night ignores the reality of lynching armed themselves for protection, and summer, he was looking forward to vis- iting his relatives. Prior to his depar- in most respects. We are fortunate and in the riot that ensued, one of the busi- ture, his mother, Maimie Till Bradley, grateful that a passionate and resolute nessmen injured a White man. All a teacher, had done her very best to ad- independent scholar named James three were arrested and jailed. Days vise him about how to behave while in Allen saw something catalytic in the later, the mob kidnapped the men from Mississippi. With his mother’s warning photographic evidence of lynching, and jail and lynched them. This was the and wearing the ring that had belonged he began to collect these gruesome and case that led Ida B. Wells to begin to to his deceased father, on August 20, horrific photographs. His work, ‘‘With- speak out against this injustice. 1955, Till set off with his cousin, Curtis out Sanctuary,’’ showed the real faces Her great grandson is with us today. Jones, on a train to Mississippi. of lynching, and the images he unveiled He has told this story through the halls Once there, he and some friends went began to change the way people viewed of Congress to give testimony to her to buy some candy at the general store. these tragic events and called to sev- life and to her courage and to her his- According to his accusers, this young eral of us in the Senate to issue this toric efforts. Without the work of this 14-year-old whistled at a store clerk as apology tonight. It is because of his extraordinarily brave journalist, this he left. She happened to be a white work, this book, that the Committee story never really could have been told woman. for a Formal Apology and the families in the way it is being told now, today, Armed with pistols, the mob took of the lynching victims—and some vic- and talked about here on the Senate Emmett from his uncle’s home. His tims themselves who are here—are here floor. To her, we owe a great deal of uncle is with us tonight. They took today and that this important historic gratitude. She knew these men person- him in the middle of the night. Three resolution is before the Senate. ally. She knew they were businessmen. days later his little body was discov- I would like to show some of these They were not criminals. She knew ered in the Tallahatchie River, weighed photographs now. This is one of the they were successful salespeople, not down by a 75-pound cotton gin fan tied hundreds—thousands of photographs of common thugs. And she wrote and she around his neck with barbed wire. His men, women, and children who were spoke and she tried to gather pictures face was so mutilated when Wright lynched in this Nation, lynching that to tell a story to a nation that simply identified the body he could only do so occurred—a citizen of our Nation, refused to believe. based on the ring that he had been lynched. As your eyes look at this pic- Forty-two years and thousands of wearing. ture, they are immediately drawn to lynchings later is the case of Claude Coincidentally, through no asking of the victim. These hangings were some- Neal of Marianna, FL. After 10 hours of our own, but I guess it is appropriate, times—in most instances—very brutal torture, Claude Neal ‘‘confessed’’ to the the trial of his accused murderer, events. Sometimes the hanging itself murder of a girl with whom he was al- Edgar Ray Killen, begins today in Mis- came after hours of torture and just ex- legedly having an affair. For his safety, sissippi. cruciating fear and humiliation. he was transferred to an Alabama pris- While the details that led to the After this book was published and on. A mob took him from there. They lynching are not always clear from just these pictures came into more full view cut off his body parts. They sliced his these few that I have described, there of the American public, what happens side and stomach. People would ran- is little doubt what took place at the is your eyes leave the figure of the vic- domly cut off a finger here, a toe there. lynchings themselves. In most in- tim and move to the audience. This is From time to time, they would tie a stances, prelynching newspaper no- part of the story that, in my mind, has noose around him, throw the rope over tices, school closings to allow children

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12264 CONGRESSIONAL RECORD—SENATE June 13, 2005 to view the spectacle, special order W.E.B. Du Bois summarized the mo- October, 1878, Joshua Hall, Ouachita Par- trains to carry people to the event, are tivation behind these slayings per- ish, Unknown, Black, Mass. all part of a gruesome but true part of fectly when he said: October, 1878, Sam Wallace, Ouachita Par- ish, Unknown, Black, Mass. . . . [T]he South feared more than Negro America’s history. November 5, 1878, Unidentified Man, dishonesty, ignorance and incompetency, Jazz legend Billy Holiday provided Ouachita Parish, Unknown, Black, Un- Negro honesty, knowledge, and efficiency. real texture in her story and song known. ‘‘Strange Fruit.’’ She defied her own With slavery abolished by the Civil November 5, 1878, Unidentified Man, record label and produced and pub- War, a group of Americans had to men- Ouachita Parish, Unknown, Black, Un- lished the song on her own, was threat- tally justify as inferior and subhuman known. ened with her life because she contin- those who suddenly were equals and November 5, 1878, Unidentified Man, competitors. Having lost the war Ouachita Parish, Unknown, Black, Un- ued to sing it. But like so many things, known. words can’t always describe what is throughout the South, watching the progress of former slaves was simply November 5, 1878, Unidentified Man, happening, even though speeches were Ouachita Parish, Unknown, Black, Un- given, words were written, newspapers too much in that region and in other known. were published. regions throughout the country, as November 5, 1878, Unidentified Man, The words to the song are as follows: well. Ouachita Parish, Unknown, Black, Un- As a senior Senator from the State of known. Southern trees bear a strange fruit Louisiana, I feel compelled to spend December 3, 1878, Moustand, Franklin, St. Blood on the leaves and blood at the root, just a few moments, before I acknowl- Mary Parish, Attempted Rape, Black, Pri- Black body swinging in the Southern breeze, vate. Strange fruit hanging from the poplar trees. edge my friend and cosponsor in the Senate, Senator GEORGE ALLEN, who December 15, 1878, Victor Bryan, New Pastoral scene of the gallant South, has brought this resolution to the at- Roads, Pointe Coupee Parish, Murder, Black, The bulging eyes and the twisted mouth, Private. Scent of magnolias sweet and fresh, tention of our Senate colleagues. September 1, 1879, George Williams, And the sudden smell of burning flesh. Louisiana has a distinct history from Ouachita Parish, Threats Against White, Here is a fruit for the crows to pluck, much of the United States due to its Black, Private. For the rain to gather, for the wind to suck, long colonial ties with both France and August 20, 1879, Ed. Rabun, Shiloh, Union For the sun to rot, for a tree to drop, Spain. One consequence of this history Parish, Attempt to Rape, Black, Unknown. Here is a strange and a bitter crop. is that Louisiana had more free people October 29, 1879, W.J. Overstreet, of color than any other Southern Farmerville, Union Parish, Murder, White, Something in the way she sang this Mass. song, something in the pictures that State. Nearly 20,000 Louisianians who were largely concentrated in New Orle- December 28, 1879, Dick Smith, Amite City, described the event, must have touched Tangipahoa Parish, Murder, Black, Private. the heart of Americans because they ans formed a large and very prosperous December 28, 1879, Geo. Carroll, Amite began to mobilize, and men and African-American community in the City, Tangipahoa Parish, Murder, Black, Pri- women, White and Black, people from 1860s. They enjoyed more rights than vate. different backgrounds, came to stand most free men of color. A large per- December 28, 1879, Harrison Johnson, Amite City, Tangipahoa Parish, Murder, up and begin to speak. They spoke with centage spoke only French and edu- cated their children in Europe. The Black, Private. loud voices and with moving speeches December 28, 1879, Unknown, Amite City, and with great marches. community, the records show, owned more than $2 million worth of prop- Tangipahoa Parish, Murder, Black, Private. But the Senate of the United States, November 20, 1880, Thornhill, Many, Sabine erty, which was quite a large sum in one of the most noble experiments in Parish, Horse Theft, White, Private. those days, and dominated skilled democracy, continued to pretend, to November 20, 1880, Fields, Many, Sabine labor areas such as masonry, car- act like this was not happening in Parish, Horse Theft, White, Private. pentry, cigar making, and shoemaking. January 6, 1880, James Brown, Lake Provi- America and continued to fail to act. That is why Louisiana’s prominent dence, East Carroll Parish, Murder, White, It would be a mistake to look at this role in lynchings is so bitter. It mars a Private. ugly chapter in our democracy’s devel- long history of tolerance and integra- April 1, 1880, J. Tucker, Greensburg, St. opment with pity and hopelessness, tion that to this day distinguishes Lou- Helena Parish, Murder, Black, Private. however. The truth is, today’s apology December, 1880, Dr. Jones, East Carroll isiana from other places in the South. Parish, Political Causes, Unknown, Un- should be seen as a tribute to the en- Still the difficult fact remains that durance and the triumph of African- known. only three States have had a higher in- December 20, 1880, Garnett Thompson, American families. cidence than Louisiana of these occur- West Feliciana Parish, Insulted and Shot There is a particular family here, the rences. The NAACP, which was founded White Man, Black, Unknown. Crawford family. I think there are over over the issue of lynchings, recorded May 15, 1881, Cherry Nickols, Mount Leb- 150 of them. Earlier today I talked with 391 such murders in my State. anon, Bienville Parish, Murder and Rape, some of the leaders of the family. I I ask unanimous consent that a list Black, Private (Mixed or Black). said: What doesn’t kill you makes you of all the Louisiana victims compiled July 19, 1881, Unidentified Man, Kingston, stronger. They nodded because that is by Professor Michael Pfeifer, author of De Soto Parish, Murder and Robbery, Black, exactly what happened to this family. Private. ‘‘Rough Justice, Lynching and Amer- July 20, 1881, Unidentified Man, Lincoln The town tried to kill this family, to ican Society,’’ be printed in the Parish, Attempted Rape, Black, Unknown. run them out, and, in fact, ran them RECORD. July 17, 1881, Spence, Frog Level, Caddo out of the town, but this family just There being no objection, the mate- Parish, Attempted Criminal Assault, Black, grew stronger, and with their love and rial was ordered to be printed in the Unknown. lack of bitterness, but with a deter- RECORD, as follows: August 22, 1881, Alec Wilson, Ouachita Par- mination to find justice some way, LIST OF LOUISIANA VICTIMS ish, Murder, Black, Unknown. August 22, 1881, Perry Munson, Ouachita they are here today. In fact, it was the April 24, 1878, Unidentified Man, Unidenti- Parish, Murder, Black, Unknown. fied Sugar Parish, Arson, Unknown, Un- progress of African Americans that August 31, 1881, Caleb Jackson, Vernon, known. spurred this terrible reaction to them Jackson Parish, Arson, Black, Unknown. in the first place. July 30, 1878, Jim Beaty, Monroe, Ouachita Parish, Unknown, Black, Private. September 26, 1881, Ben Robertson, As I stated earlier, the early July 30, 1878, Ples Phillips, Monroe, Jeanerette, Iberia Parish, Theft, Black, Pri- lynchings were not of criminals. The Ouachita Parish, Unknown, Black, Private. vate. early lynchings were of successful July 30, 1878, Tom Ross, Monroe, Ouachita November 17, 1881, Stanley, Pointe Coupee farmers, of successful businessmen, Parish, Unknown, Black, Private. Parish, Murderous Assault, White, Private. May 15, 1882, Joseph Jenkins, St. leaders in their communities because July 30, 1878, Henry Atkinson, Monroe, Ouachita Parish, Unknown, Black, Private. Martinville, St. Martin Parish, Murder, these lynchings were an act of ter- September 14, 1878, Valcour St. Martin, White, Unknown. rorism to make American citizens feel Hahnville, St. Charles Parish, Murder, Un- May 15, 1882, Eugene Azar, St. Martinville, they had no voice and no place. known, Unknown. St. Martin Parish, Murder, Black, Unknown.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12265 June 20, 1882, Ingram, St. Tammany Par- December 28, 1886, John Elia, Arcadia, February 18, 1890, R.F. Emerson, St. Jo- ish, Desperado, Unknown, Unknown. Bienville Parish, Murder, White, Private. seph, Tensas Parish, Murderous Assault, June 20, 1882, Howard, St. Tammany Par- January 8, 1887, Ike Brumfield, Tangipahoa White, Unknown. ish, Desperado, Unknown, Unknown. Parish, Unknown, Black, Unknown. May 13, 1890, Phillip Williams, June 20, 1882, Mack Taylor, Webster Par- April 28, 1887, Gracy Blanton, Floyd, West Napoleonville, Assumption Parish, At- ish, Murderous Assault, Black, Mass. Carroll Parish, Arson and Robbery, Black, tempted Rape, Black, Mass. October 28, 1882, Wm. Harris, Lincoln Par- Private. June 16, 1890, George Swayze, East ish, Attempted Rape, Black, Posse. April 28, 1887, Richard Goodwin, Floyd, Feliciana Parish, Political Causes, White, November 7, 1882, Unidentified Man, Vi- West Carroll Parish, Arson and Robbery, Private (Possibly Black). enna, Lincoln Parish, Murderous Assault, Black, Private. June 26, 1890, John Coleman, Caddo Parish, Black, Unknown. June 6, 1887, M.W. Washington, De Soto Murder, Black, Unknown (Black). November 7, 1882, Unidentified Man, Vi- Parish, Burglary with Intent to Rape, Black, August 21, 1890, Wml. Alexander, East enna, Lincoln Parish, Murderous Assault, Unknown. Baton Rouge Parish, Attempted Rape, Black, Black, Unknown. June 30, 1887, James Walden, Simsboro, Private. November 18, 1882, N. David Lee, Holly Lincoln Parish, Larceny, Black, Private. October 12, 1890, Frank Wooten, Claiborne Grove, Franklin Parish, Hog Theft, Black, August 9, 1887, Thomas Scott, Morehouse Parish, Arson, Black, Unknown. November 20, 1890, Unidentified Man, Private. Parish, Murder, White, Private. August 11, 1887, Daniel Pleasants (alias southeastern East Baton Rouge Parish, Bull- December 8, 1882, Tim Robinson, Bastrop, Hoskins), Harding Plantation, St. Mary Par- dozing, Black, Terrorist. Morehouse Parish, Murderous Assault, ish, Murder, Black, Posse (Mixed). March 14, 1891, Antoino Scoffedi, New Orle- Black, Unknown. August 13, 1887, Green Hosley, Union Par- ans, Orleans Parish, Conspiracy to Murder, December 8, 1882, Wm. Cephas, Bastrop, ish, Asserted Self-Respect in Dispute with Italian, Mass (Mixed). Morehouse Parish, Murderous Assault, White, Black, Private. March 14, 1891, Joseph Macheca, New Orle- Black, Unknown. October 20, 1887, Perry King, Lamar, ans, Orleans Parish, Conspiracy to Murder, December 8, 1882, Wesley Andrews, Franklin Parish, Attempted Rape, Black, Italian, Mass (Mixed). Bastrop, Morehouse Parish, Murderous As- Mass. March 14, 1891, Pietro Monasterio, New Or- sault, Black, Unknown. October 20, 1887, Drew Green, Lamar, leans, Orleans Parish, Conspiracy to Murder, January 23, 1883, Henry Solomon, Bellevue, Franklin Parish, Attempted Rape, Black, Italian, Mass (Mixed). Bossier Parish, Arson, Horse Theft, Black, Mass. March 14, 1891, James Caruso, New Orleans, Private. November 7, 1887, Unidentified Man, Caddo Orleans Parish, Conspiracy to Murder, May 13, 1883, D.C. Hutchins, Bellevue, Bos- Parish, Miscegenation, Black, Unknown. Italian, Mass (Mixed). sier Parish, Murder, White, Mass. December 9, 1887, Andrew Edwards, near March 14, 1891, Rocco Gerachi, New Orle- July 9, 1883, Henderson Lee, Bastrop, More- Minden, Webster Parish, Voodoism, Black, ans, Orleans Parish, Conspiracy to Murder, house Parish, Larceny, Black, Private. Private (Black). Italian, Mass (Mixed). October 12, 1883, Louis Woods, Edgerly Sta- January 28, 1888, Ben Edwards, Amite City, March 14, 1891, Frank Romero, New Orle- tion, Calcasieu Parish, Rape, Black, Un- Tangipahoa Parish, Criminal Assault, Black, ans, Orleans Parish, Conspiracy to Murder, known. Mass. Italian, Mass (Mixed). April 27, 1884, John Mullican, Monroe, February 9, 1888, Unidentified Man, March 14, 1891, Antonio Marchesi, New Or- Ouachita Parish, Murder and Robbery, Ponchatoula, Tangipahoa Parish, Attempted leans, Orleans Parish, Conspiracy to Murder, White, Mass. Rape, Black, Private. Italian, Mass (Mixed). April 27, 1884, John Clark, Monroe, May 6, 1888, Dave Southall, Pointe Coupee March 14, 1891, Charles Traina, New Orle- Ouachita Parish, Murder and Robbery/White, Parish, Attempted Murder and Political ans, Orleans Parish, Conspiracy to Murder, Mass. Causes, White, Private. Italian, Mass (Mixed). April 27, 1884, King Hill, Monroe, Ouachita September, 1888, Unidentified Woman, March 14, 1891, Loretto Comitz, New Orle- Parish, Murder, Unknown, Mass. Breaux Bridge, St. Martin Parish, Unknown, ans, Orleans Parish, Conspiracy to Murder, October 21, 1884, Charles McLean, Bellevue, Black, Terrorist. Italian, Mass (Mixed). Bossier Parish, Arson, White, Private. September 17, 1888, Louis Alfred (Jean March 14, 1891, Antonio Bagnetto, New Or- October 24, 1884, Unidentified Man, St. Pierre Salet), Ville Platte, St. Landry (now leans, Orleans Parish, Conspiracy to Murder, Tammany Parish, Murder, Black, Unknown. Evangeline) Parish, Incendiary Language, Italian, Mass (Mixed). October 24, 1884, Unidentified Man, St. Black, Terrorist. March 14, 1891, Manuel Politz, New Orle- Tammany Parish, Murder, Black, Unknown. September 17, 1888, Jno. Johnson (Sidairo), ans, Orleans Parish, Conspiracy to Murder, October 24, 1884, Unidentified Man, St. Ville Platte, St. Landry (now Evangeline) Italian, Mass (Mixed). Tammany Parish, Murder, Black, Unknown. Parish, Incendiary Language, Black, Ter- May 21, 1891, Tennis Hampton, Gibsland, October 24, 1884, Unidentified Man, St. rorist. Bienville Parish, Murder, Black, Private. Tammany Parish, Murder, Black, Unknown. November 9, 1888, Lulin, St. Landry Parish, May 23, 1891, William Anderson, Caddo Par- December 22, 1884, Wm. Fleitas, Madison- Unknown, Black, Terrorist. ish, Murder, Black, Posse. ville, St. Tammany Parish, Murderous As- November 13, 1888, Unidentified Man, May 23, 1891, John Anderson, Caddo Parish, sault, White, Unknown. Donaldsonville, Ascension Parish, Rape, Murder, Black, Posse. June 2, 1891, Samuel Hummell, Hermitage, January 1, 1885, Unidentified Man, Madison Black, Mass. Pointe Coupee Parish, Murder, Black, Un- Parish, Trainwrecking, Unknown, Unknown. November 22, 1888, Jerry Taylor, St. Helena known. January 1, 1885, Unidentified Man, Madison Parish, Rape, Black, Private. January 25, 1889, Samuel Wakefield, New June 2, 1891, Alex Campbell, Hermitage, Parish, Trainwrecking, Unknown, Unknown. Iberia, Iberia Parish, Murder, Black, Posse. Pointe Coupee Parish, Murder, Black, Un- March 5, 1885, Unidentified Man, St. January 29, 1889, James Rosemond, New known. Landry Parish, Murder, Unknown, Private. Iberia, Iberia Parish, Theft, Black, Private. June 2, 1891, Unidentified Man, Hermitage, March 5, 1885, Unidentified Man, St. February 8, 1889, Haygood Handy, near Pointe Coupee Parish, Murder, Black, Un- Landry Parish, Murder, Unknown, Private. Bellevue, Bossier Parish, Murder and Hog known. April 22, 1885, Abe Jones, New Roads, Stealing, Black, Unknown. September 8, 1891, Unidentified Man, near Pointe Coupee Parish, Murder, Black, Un- April 14, 1889, Steve. McIntosh, Magenta Arcadia, Bienville Parish, Rape, Black, known. Plantation, Bayou Desiard, Ouachita Parish, Posse. April 22, 1885, William Pierce Mabry, near Rape, Unknown, Unknown (Black). October 19, 1891, John Rush, Caldwell Par- Shiloh, Union Parish, Defended Black April 16, 1889, Hector Junior, near New Ibe- ish, Murder, White, Private. Woman from Beating, White, Unknown. ria, Iberia Parish, Murderous Assault, Black, October 28, 1891, Jack Parker, Covington, July 22, 1885, Cicero Green, Minden, Web- Posse. St. Tammany Parish, Murder, Black, Mass ster Parish, Murderous Assault, Black, Mass. May 18, 1889, Unidentified Man, near Co- (Black). July 22, 1885, John Figures, Minden, Web- lumbia, Caldwell Parish, Burglary, Black, October 29, 1891, Unidentified Man, ‘‘the ster Parish, Murder, Black, Mass. Unknown. Poole place,’’ Bossier Parish, Outrageous September 30, 1885, Sampson Harris, Winn July 11, 1889, Felix Keys, Lafayette Parish, Act, Black, Mass (Mixed). Parish, Threat to Give Evidence against Murder, Black, Mass (Mixed). November 4, 1891, J.T. Smith, near Bastrop, Whitecappers, Black Terrorist. November 16, 1889, Ed Gray, Vidalia, Morehouse Parish, Murder, Black, Mass. February 16, 1886, George Robinson, Mon- Concordia Parish, Arson, Black, Private. November 4, 1891, W.S. Felton, near roe, Onachita Parish, Murder, Black, Mass. December 31, 1889, Henry Holmes, Bossier Bastrop, Morehouse Parish, Murder, Black, May 6, 1886, Robert Smith, St. Bernard Parish, Murderous Assault, Black, Unknown. Mass. Parish, Murder, Black, Private. January 8, 1890, Henry Ward, Bayou Sara, November 10, 1891, John Cagle, near October 18, 1886, Reeves Smith, De Soto West Feliciana Parish, Murder, Black, Pri- Homer, Claiborne Parish, ‘‘Bad Negro,’’ Parish, Attempted Rape, Black, Mass. vate. Black, Unknown.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12266 CONGRESSIONAL RECORD—SENATE June 13, 2005 November 27, 1891, John Maxey, Many, July 13, 1893, Meredith Lewis, Tangipahoa February 28, 1896, Paul Francis, St. James Sabine Parish, Criminal Assault, Black, Pri- Parish, Murder, Black, Private (Black). Parish, Rape and Burglary, Black, Private. vate. September 16, 1893, Valsin Julian, Jefferson March 11, 1896, Bud Love, Morehouse Par- December 27, 1891, Unidentified Man, Black Parish, Brother of Murderer, Black, Private. ish, Theft, Black, Private. Water Plantation, Concordia Parish, Acces- September 16, 1893, Paul Julian, Jefferson March 24, 1896, Louis Senegal, Lafayette sory to Murder, Black, Unknown. Parish, Brother of Murderer, Black, Private. Parish, Rape, Black, Private. January 7, 1892, Horace Dishroon, Rayville, September 16, 1893, Basile Julian, Jefferson May 17, 1896, Unidentified Man, Bossier Richland Parish, Murder, Robbery, Black, Parish, Brother of Murderer, Black, Private. Parish, Insulted White Woman, Black, Posse. Mass. September 29, 1893, Henry Coleman, Bossier May 19, 1896, James Dandy, St. Bernard January 7, 1892, Eli Foster, Rayville, Rich- Parish, Attempted Assassination, Black, Parish, Attempted Rape, Black, Private. land Parish, Murder, Robbery, Black, Mass. Mass. June 9, 1896, Wallis Starks, St. Mary Par- January 9, 1892, Nathan Andrews, Bossier October 19, 1893, Unidentified Man, Bossier ish, Rape and Robbery, Black, Posse. Parish, Murder, Black, Posse. Parish, Stock Theft, Black, Unknown July 11, 1896, James Porter, Webster Par- January 11, 1892, Undentified Man, Bossier (Mixed). ish, Murder, Black, Private. Parish, Murder, Robbery, Black, Private October 19, 1893, Unidentified Man, Bossier July 11, 1896, Monch Dudley, Webster Par- (Black). Parish, Stock Theft, Black, Unknown ish, Murder, Black, Private. March 12, 1892, Ella, near Rayville, Rich- (Mixed). July 24, 1896, Isom McGee, Claiborne Par- land Parish, Attempted Murder, Black, Pri- December 27, 1893, Tillman Green, Caldwell ish, Attempted Rape, Black, Unknown. vate. Parish, Attempted Rape, Black, Private. July 31, 1896, Louis Mullens, Avoyelles Par- March 26, 1892, Dennis Cobb, Bienville Par- January 18, 1894, Unidentified Man, West ish, Attempted Rape, White, Private. ish, Unknown, Black, Terrorist. Feliciana Parish, Arson and Murder, Black, August 4, 1896, Hiram Weightman, Frank- March 27, 1892, Jack Tillman, Jefferson Unknown. lin Parish, Murder and Rape, Black, Mass. Parish, Argued with and Shot White Men, April 23, 1894, Samuel Slaughter, Madison August 8, 1896, Lorenzo Saladino, St. Black, Terrorist. Parish, Murder and Insurrection, Black, Charles Parish, Murder and Robbery, Italian, April 6, 1892, Unidentified Man, Grant Par- Mass. Mass. ish, Murder, Black, Posse. April 23, 1894, Thomas Claxton, Madison August 8, 1896, DeCino Sorcoro, St. Charles April 6, 1892, Unidentified Man, Grant Par- Parish, Murder and Insurrection, Black, Parish, Murder and Robbery, Italian, Mass. ish, Murder, Black, Posse. Mass. August 8, 1896, Angelo Marcuso, St. Charles April 6, 1892, Unidentified Man, Grant Par- April 23, 1894, David Hawkins, Madison Parish, Murder and Robbery, Italian, Mass. ish, Murder, Black, Posse. Parish, Murder and Insurrection, Black, September 12, 1896, Jones McCauley, April 6, 1892, Unidentified Man, Grant Par- Mass. Ouachita Parish, Sexual Assault, Black, Un- April 27, 1894, Shell Claxton, Madison Par- ish, Murder, Black, Posse. known (Mixed or Black). ish, Murder and Insurrection, Black, Mass. April 23, 1892, Free1an, Pointe Coupee Par- September 24, 1896, Jim Hawkins, Jefferson April 27, 1894, Tony McCoy, Madison Par- ish, Murder and Extortion, White, Posse. Parish, Assaulted Boy, Black, Private. ish, Murder and Insurrection, Black, Mass. October 1, 1896, Lewis Hamilton, Bossier May 28, 1892, Walker, Bienville Parish, Im- April 27, 1894, Pomp Claxton, Madison Par- Parish, Arson, Black, Unknown. proper Relations with White Girl, Black, Un- ish, Murder and Insurrection, Black, Mass. December 22, 1896, Jerry Burke, Livingston known. April 27, 1894, Scott Harvey, Madison Par- Parish, Attempted Murder, Black, Posse. September 2, 1892, Edward Laurent, ish, Murder and Insurrection, Black, Mass. January 17, 1897, Unidentified Man, Avoyelles Parish, Aiding Murderer, Black, May 23, 1894, George Paul, Pointe Coupee Iberville Parish, Attempted Murder and Rob- Terrorist. Parish, Offended White Man, Black, Un- bery, Black, Unknown. September 5, 1892, Gabriel Magliore, known. January 19, 1897, Gustave Williams, Avoyelles Parish, Threats to Kill, Black, June 10, 1894, Mark Jacobs, Bienville Par- Tangipahoa Parish, Murder, Black, Mass. Terrorist. ish, Unknown, Black, Terrorist. January 19, 1897, Archie Joiner, September 7, 1892, Henry Dixon, Jefferson June 14, 1894, John Day, Ouachita Parish, Tangipahoa Parish, Murder, Black, Mass. Parish, Murder, Theft, Black, Private. Arson, White, Unknown. January 19, 1897, John Johnson, September 13, 1892, Eli Lindsey, Morehouse July 23, 1894, Vance McClure, Iberia Parish, Tangipahoa Parish, Murder, Black, Mass. Parish, Murder, Black, Unknown (Black). Attempted Rape, Black, Private. May 11, 1897, Charles Johnson, East September 27, 1892, Benny Walkers, September 9, 1894, Link Waggoner, Webster Feliciana Parish, Attempted Trainwrecking, Concordia Parish, Attempted Criminal As- Parish, Murderous Assault, White, Private. Black, Private. sault, Black, Mass. September 10, 1894, Robert Williams, July 21, 1897, Jack Davis, St. Mary Parish, October 21, 1892, Thomas Courtney, Concordia Parish, Murder, Black, Unknown Criminal Assault, Black, Posse. Iberville Parish, Shot Man, Black, Posse. (Black). September 28,1897, Wm. Oliver, Jefferson November 1, 1892, Daughter of Hastings, November 9, 1894, Charlie Williams, West Parish, Ferry Law Violation and Dangerous Catahoula Parish, Daughter of Murderer, Carroll Parish, Murder and Robbery, Latino, Weapon Charge, Black, Private. Black, Private. Unknown. October 2, 1897, Wash Ferren, Ouachita November 1, 1892, Son of Hastings, November 9, 1894, Lawrence Younger, West Parish, Rape, Black, Mass. Catahoula Parish, Son of Murderer, Black, Carroll Parish, Murder, Black, Unknown. October 15, 1897, Douglas Boutte, Jefferson Private. December 23, 1894, George King, St. Ber- Parish, Violated Quarantine and Resisted Noevmber 4, 1892, John Hastings, nard Parish, Threat to Kill and Resisted Ar- Arrest, Black, Private. Catahoula Parish, Murder, Black, Private. rest and Shot at Whites, Black, Mass. December 13, 1897, Joseph Alexander, November 29, 1892, Richard Magee, Bossier December 28, 1894, Scott Sherman, Iberville Parish, Murder, Black, Mass. Parish, Murder, Black, Unknown. Concordia Parish, Brother of Murderer, December 13, 1897, Charles Alexander, November 29, 1892, Carmichael, Bossier Black, Posse (Possibly Black). Iberville Parish, Murder, Black, Mass. Parish, Complicity in Murder, Black, Un- June 24, 1895, John Frey, Jefferson Parish, Decmber 13, 1897, James Thomas, Iberville known. Arson, White, Private. Parish, Murder, Black, Mass. December 28, 1892, Lewis Fox, St. Charles July 19, 1895, Ovide Belizaire, Lafayette April 2, 1898, Wm. Bell, Tangipahoa Parish, Parish, Murder, Robbery, Black, Private. Parish, Shot at Whites, Black, Terrorist. Accessory to Murder, Black, Private. Decmber 28, 1892, Adam Gripson, St. September 18, 1895, Unidentified Man, Bos- April 23, 1898, Columbus Lewis, Lincoln Charles Parish, Murder, Robbery, Black, Pri- sier Parish, Rape, Black, Mass. Parish, Impudence to White Man, Black, Pri- vate. September 21, 1895, Edward Smith, vate. January 8, 1893, Unidentified Man, Union Tangipahoa Parish, Murder and Robbery, June 4, 1898, Wm. Steake, Webster Parish, Parish, Murderous Assault, Black, Unknown. Black, Mass. Rape, Black, Mass. January 20, 1893, Robert Landry, St. James September 25, 1895, Aleck Francis, Jeffer- June 11, 1898, Unidentified Man, Morehouse Parish, Murder, Robbery, Black, Private. son Parish, Dangerous Character, Black, Pri- Parish, Murderous Assault, Black, Posse. January 20, 1893, Chicken George, St. vate. November 3, 1898, Charles Morrell, St. John James Parish, Murder, Robbery, Black, Pri- January 10, 1896, Abraham Smart, Parish, Robbery, Black, Private. vate. Ouachita Parish, Murder, Black, Unknown. December 5, 1898, Bedney Hearn, Bossier January 20, 1893, Richard Davis, St. James January 12, 1896, Charlotte Morris, Jeffer- Parish, Murder, Black, Unknown. Parish, Murder, Robbery, Black, Private. son Parish, Miscegenation, Black, Private. December 5, 1898, John Richardson, Bossier January 25, 1893, Wm. Fisher, Orleans Par- January 12, 1896, Patrick Morris, Jefferson Parish, Murder, Black, Unknown. ish, Stabbing of White Woman, Murder, Parish, Miscegenation, White, Private. June 14, 1899, Edward Gray, St. John Par- Black, Posse. February 28, 1896, Gilbert Francis, St. ish, Burglary, Black, Private. May 6, 1893, Israel Holloway, Assumption James Parish, Rape and Burglary, Black, July 11, 1899, George Jones, St. Charles Parish, Rape, Black, Unknown. Private. Parish, Horse Theft, Black, Private (Black).

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12267 July 21, 1899, Joseph Cereno, Madison Par- November 2, 1901, Unidentified Person, July 11, 1906, Unidentified Man, Claiborne ish, Shooting Man, Italian, Mass. Washington Parish, Threats Against Whites, Parish, Attempted Criminal Assault, Black, July 21, 1899, Charles Defatta, Madison Black, Posse. Unknown. Parish, Shooting Man, Italian, Mass. November 24, 1901, Frank Thomas, Bossier August 26, 1906, Alfred Schaufriet, July 21, 1899, Frank Defatta, Madison Par- Parish, Murder, Black, Mass (Black). Ouachita Parish, Attempted Criminal As- ish, Shooting Man, Italian, Mass. December 8, 1901, Sol Paydras, Calcasieu sault, Black, Posse. July 21, 1899, Joseph Defatta, Madison Par- Parish, Assault, Black, Private. November 25, 1906, Antone Domingue, La- ish, Shooting Man, Italian, Mass. January 25, 1902, Unidentified Man, West fayette Parish, Fought Whitecappers, Black, July 21, 1899, Sy Defrroch, Madison Parish, Carroll Parish, Murder and Theft, Black, Terrorist. Shooting Man, Italian, Mass. Posse. March 15, 1907, Flint Williams, Ouachita August 2, 1899, Man Singleton, Grant Par- January 25, 1902, Unidentified Man, West Parish, Murder, Murderous Assault, Rob- ish, Attempted Rape, Black, Unknown. Carroll Parish, Murder and Theft, Black, bery, Black, Unknown. Augsut 8, 1899, Echo Brown, Tangipahoa Posse. March 15, 1907, Henry Gardner, Ouachita Parish, Unknown, Black, Unknown. January 25, 1902, Unidentified Man, West Parish, Murder and Murderous Assault and October 10, 1899, Basile LaPlace, St. Carroll Parish, Murder and Theft, Black, Robbery and Rape, Black, Unknown. Charles Parish, Political Causes and Illicit Posse. April 16, 1907, Charles Straus, Avoyelles Liaison, White, Private. March 19, 1902, John Woodward, Concordia Parish, Attempted Criminal Assault, Black, October 15, 1899, James Smith, East Parish, Murder, Black, Unknown. Private. Feliciana Parish, Cattle Rustling and March 31, 1902, George Franklin Carroll April 18, 1907, Frederick Kilbourne, East Desperadoism, White, Private. Parish, Murder Black, Posse Unknown. Feliciana Parish, Attempted Rape, Black, December 13, 1899, Unidentified Man, More- April 12, 1902, Unidentified Man, Mass. May 3, 1907, Silas Faly, Bossier Parish, house Parish, Rape, Unknown. Natchitoches Parish, Murder, Black, Un- Rape, Black, Unknown. April 21, 1900, John Humely, Bossier Par- known. June 1, 1907, Henry Johnson, Rapides Par- ish, Conspiracy to Murder, Black, Mass. May 4, 1902, John Simms, Morehouse Par- ish, Attempted Criminal Assault, Black, Pri- April 21, 1900, Edward Amos, Bossier Par- ish, Complicity in Murder, White, Unknown. vate. ish, Conspiracy to Murder, Black, Mass. May 9, 1902, Nicholas Deblanc, Iberia Par- May 12, 1900, Henry Harris, Rapides Parish, June 8, 1907, James Wilson, Claiborne Par- ish, Attempted Rape, Black, Posse. ish, Attempted Criminal Assault, Black, Un- Attempted Criminal Assault, Black, Mass. August 7, 1902, Henry Benton, Claiborne June 12, 1900, Ned Cobb, West Baton Rouge known. Parish, Criminal Assault, Black, Posse. June 27, 1907, Ralph Dorans, Rapides Par- Parish, Murder, Black, Unknown. October 13, 1902, Unidentified Man, June 23, 1900, Frank Gilmour, Livingston ish, Rape, Black, Unknown. Calcasieu Parish, Attempted Murder, Black, June 28, 1907, Mathias Jackson, Rapides Parish, Murder, White, Private. Posse. August 29, 1900, Thomas Amos, Rapides Parish, Rape, Black, Private. November 25, 1902, Joseph Lamb, West December 5, 1907, Unidentified Man, More- Parish, Murder, Black, Mass. Feliciana Parish, Attempted Robbery and September 21, 1900, George Beckham, house Parish, Murderous Assault, Black, Un- Criminal Assault, Black, Private. Tangipahoa Parish, Robbery, Black, Private. known. January 26, 1903, John Thomas, St. Charles September 21, 1900, Nathaniel Bowmam, December 15, 1907, Unidentified Man, Jack- Parish, Murder, Black, Posse. Tangipahoa Parish, Robbery, Black, Private. son Parish, Being an Italian Worker, Italian, February 24, 1903, Jim Brown, Bossier Par- September 21, 1900, Charles Elliot, Unknown. ish, Attempted Murder, Black, Posse. Tangipahoa Parish, Robbery, Black, Private. December 15, 1907, Unidentified Man, Jack- March 27, 1903, Frank Robertson, Bossier September 21, 1900, Izaih Rollins, son Parish, Being an Italian Worker, Italian, Parish, Arson, Black, Unknown. Tangipahoa Parish, Robbery, Black, Private. Unknown. June 12, 1903, Frank Dupree, Rapides Par- October 19, 1900, Melby Dotson, West Baton February 6, 1908, Robert Mitchell, West ish, Murder, Black, Unknown. Rouge Parish, Murder, Black, Mass. Carroll Parish, Murder, Black, Mass. January 24, 1901, Larkington, Webster Par- June 25, 1903, Lamb Whitley, Catahoula June 4, 1908, Bird Cooper, Claiborne Parish, ish, Attempted Criminal Assault, Black, Un- Parish, Murderous Assault, Black, Unknown. Murder, Black, Unknown. July 16, 1908, Miller Gaines, Catahoula Par- known. July 26, 1903, Jennie Steer, Caddo Parish, ish, Arson, Black, Unknown. February 17, 1901, Thomas Jackson, St. Murder, Black, Private. July 16, 1908, Sam Gaines, Catahoula Par- John Parish, Murder, Black, Mass. October 18, 1903, George Kennedy, Bossier ish, Arson, Black, Unknown. February 21, 1901, Thomas Vital, Calcasieu Parish, Attempt to Kill, Black, Posse. July 16, 1908, Albert Godlin, Catahoula Par- Parish, Criminal Assault, Black, Unknown. November 2, 1903, Joseph Craddock, Bossier ish, Inciting Arson, Black, Unknown. February 21, 1901, Samuel Thibodaux, Parish, Murder, Black, Mass (Black). November 30, 1903, Walter Carter, Caddo July 26, 1908, Andrew Harris, Caddo Parish, Calcasieu Parish, Defending Rapist, Black, Attempted Rape, Black, Private. Unknown. Parish, Murderous Assault, Black, Mass. November 30, 1903, Phillip Davis, Caddo September 16, 1908, John Miles, Pointe March 6, 1901, William Davis, Caddo Parish, Coupee Parish, Murderous Assault and Rob- Rape, Black, Private. Parish, Murderous Assault, Black, Mass. November 30, 1903, Clinton Thomas, Caddo bery, Black, Mass. May 1, 1901, Grant Johnson, Bossier Parish, July 30, 1909, Emile Antoine, St. Landry Desperate Negro Gambler, Black, Private. Parish, Murderous Assault, Black, Mass. January 14, 1904, Butch Riley, Madison Parish, Robbery and Shot White Man, Black, May 3, 1901, Felton Brigman, Caddo Parish, Private. Rape, Black, Private (Black). Parish, Murderous Assault, Black, Unknown. May 29, 1904, Frank Pipes, Rapides Parish, July 30, 1909, Onezime Thomas, St. Landry June 19, 1901, F.D. Frank Smith, Bossier Parish, Robbery and Shot White Man, Black, Parish, Complicity in Murder, Black, Mass. Shooting Man, Black, Private. April 26, 1905, Richard Craighead, Claiborne Private. June 19, 1901, F.D. McLand, Bossier Parish, September 6, 1909, Henry Hill, Franklin Parish, Murder, White, Mass.÷ Complicity in Murder, Black, Mass. Parish, Attempted Rape, Black, Posse. June 1, 1905, Henry Washington, Pointe July 15, 1901, Lewis Thomas, Richland Par- October 7, 1909, Ap Ard, St. Helena Parish, Coupee Parish, Murder, Black, Posse. ish, Murderous Assault, Black, Unknown. Murderous Assault, Black, Unknown. July 19, 1901, Unidentified Man, Acadia August 12, 1905, Unidentified Man, Jackson October 7, 1909, Mike Rodrigauez, Vernon Parish, Homicide, Shot Officer, Black, Posse. Parish, Murderous Assault, Black, Posse. Parish, Robbery, White, Unknown. October 25, 1901, Wm. Morris, Washington November 26, 1905, Monroe Williams, October 28, 1909, Joseph Gilford, West Car- Parish, Assault and Robbery, Black, Un- Tangipahoa Parish, Criminal Assault, Black, roll Parish, Murder and Theft, Black, Mass. known. Unknown. October 28, 1909, Alexander Hill, West Car- November 2, 1901, Connelly, Washington February 24, 1906, Willis Page, Bienville roll Parish, Murder and Theft, Black, Mass. Parish, Threats Against Whites, Black, Parish, Rape, Black, Mass. November 20, 1909, Wm. Estes, Richland Posse. March 18, 1906, Wm. Carr, Iberville Parish, Parish, Murder, Black, Posse. November 2, 1901, Parker, Washington Par- Theft, Black, Private. November 27, 1909, Simmie Thomas, Caddo ish, Threats Against Whites, Black, Posse. March 28, 1906, Cotton, West Carroll Par- Parish, Rape, Black, Mass. November 2, 1901, Low, Washington Parish, ish, Attempted Criminal Assault, Black, Un- July 10, 1910, J.C. Freeman, Richland Par- Threats Against Whites, Black, Posse. known. ish, Murder, White, Private. November 2, 1901, Connelly’s Daughter, May 6, 1906, George Whitner, East January 20, 1911, Oval Poulard, Evangeline Washington Parish, Threats Against Whites, Feliciana Parish, Insulted White Woman, Parish, Shot Deputy Sheriff, Black, Private. Black, Posse. Black, Unknown. July 24, 1911, Miles Taylor, Claiborne Par- November 2, 1901, Woman, Washington Par- May 22, 1906, Thomas Jackson, Caddo Par- ish, Murder, Black, Posse. ish, Threats Against Whites, Black, Posse. ish, Robbery, Black, Private. April 9, 1912, Thomas Miles, Caddo Parish, November 2, 1901, Child, Washington Par- May 29, 1906, Robert Rogers, Madison Par- Insulted White Woman in Letters, Black, ish, Threats Against Whites, Black, Posse. ish, Murder, White, Private. Private.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12268 CONGRESSIONAL RECORD—SENATE June 13, 2005 April 23, 1912, Unidentified Man, Richland June 18, 1918, George Clayton, Richland the facts about this terrible domestic Parish, Threats Against Whites, Black, Parish, Murder, Black, Posse. terrorism and rash of terrorism stand Mass. August 7, 1918, Bubber Hall, Morehouse today and will not be pushed aside. It May 2, 1912, Ernest Allums, Bienville Par- Parish, Criminal Assault, Black, Unknown. is with humility but with pride that I ish, Writing Insulting Letters to White January 18, 1919, Henry Thomas, Red River Women, Black, Private. Parish, Murder, Black, Posse. support and put forth before the Senate September 25, 1912, Samuel Johnson, De January 29, 1919, Sampson Smith, Caldwell today, with the Senator from Virginia, Soto Parish, Murder, Black, Private. Parish, Murder, Black, Unknown. this resolution. November 28, 1912, Mood Burks, Bossier February 14, 1919, Will Faulkner, Bossier The junior Senator from Louisiana is Parish, Murderous Assault, Black, Private. Parish, Murder, Black, Private. an original cosponsor of this resolu- November 28, 1912, Jim Hurd, Bossier Par- April 29, 1919, George Holden, Ouachita tion, as are a number of sons of the ish, Murderous Assault, Black, Private. Parish, Wrote Insulting Note to White South. Furthermore, in Louisiana’s November 28, 1912, Silas Jimmerson, Bos- Woman, Black, Unknown. legislature in Baton Rouge, a very sier Parish, Murderous Assault, Black, Pri- August 26, 1919, Jesse Hammett, Caddo vate. Parish, Attempted Rape, Black, Mass. similar resolution passed today. Thus, December 23, 1912, Norm Cadore, West August 31, 1919, Lucius McCarty, Wash- the people of Louisiana can truly say Baton Rouge Parish, Murder, Black, Private. ington Parish, Attempted Rape, Black, Mass. we are trying to open a dialogue, and February 14, 1913, Charles Tyson, Caddo September 6, 1919, Unidentified Man, More- bring closure to a bitter history. Parish, Unknown, Unknown (Possibly house Parish, Attempted Criminal Assault, This is a particularly important step Black). Black, Private. for the South. For while lynchings oc- August 27, 1913, James Comeaux, Jefferson September 13, 1919, Unidentified Man, curred in 46 of the 50 States, and people Davis Parish, Assault, Black, Private. Catahoula Parish, Hiding Under Bed, Black, of all races were affected, it would be a October 22, 1913, Warren Eaton, Ouachita Unknown. Parish, Improper Proposal, Black, Private. January 31, 1921, George Werner, Iberville mischaracterization to suggest that December 16, 1913, Ernest Williams, Caddo Parish, Shot Man, Black, Unknown. this was not a weapon of terror most Parish, Murder and Robbery, Black, Private. September 14, 1921, Gilmon Holmes, often employed in the South, and most December 16, 1913, Frank Williams, Caddo Caldwell Parish, Murder, Black, Unknown. often against African Americans. That Parish, Murder and Robbery, Black, Private. March 11, 1922, Brown Culpeper, Franklin is why I am so glad to be joined in this May 8, 1914, Sylvester Washington, St. Parish, Unknown, White, Unknown. endeavor by the junior Senator from James Parish, Murder, Black, Posse. July 6, 1922, Joe Pemberton, Bossier Par- May 12, 1914, Earl Hamilton, Caddo Parish, Virginia, Mr. Allen. He has been instru- ish, Murderous Assault, Black, Unknown. mental in getting us to this point of Rape, Black, Mass. August 24, 1922, F. Watt Daniel, Morehouse August 5, 1914, Oli Romeo, St. Tammany Parish, Angered Klan, White, Unknown. consideration, and I truly appreciate Parish, Murder, Black, Mass. August 24, 1922, Thomas F. Richards, More- his hard work and dedication to our August 6, 1914, Henry Holmes, Ouachita house Parish, Angered Klan, White, Un- joint effort. Parish, Murder, Robbery, Black, Private. known. It is also important to acknowledge August 7, 1914, Dan Johnson, Ouachita Par- August 26, 1922, Thomas Rivers, Bossier the bravery of those who took personal ish, Complicity in Murder, Black, Mass. Parish, Attempted Rape, Black, Private. risks long before this day in opposition August 7, 1914, Louis Pruitt, Ouachita Par- January 3, 1923, Leslie Leggett, Caddo Par- ish, Complicity in Murder, Black, Mass. to lynching. First and foremost, we ish, Intimate with White Girl, Black, Pri- must acknowledge the pioneering jour- August 9, 1914, Unidentified Man, Ouachita vate. Parish, Murder, Black, Unknown. February 26, 1925, Joseph Airy, Bossier nalism of Ida B. Wells. Though person- December 2, 1914, Jobie Lewis, Caddo Par- Parish, Murder, Black, Unknown. ally threatened with death, Ms. Wells ish, Murder and Robbery and Arson, Black, August 4, 1926, Johnny Norris, De Soto continued to document these outrages Private. Parish, Improper Advances to Girl, Black, before justice, so that future genera- December 2, 1914, Elijah Durden, Caddo Posse. tions might know the history of this Parish, Murder and Robbery and Arson, April 16, 1927, Willie Autrey, Calcasieu Par- era. It should be noted that it was her Black, Private. ish, Peeping Tom, Black, Private. December 11, 1914, Charles Washington, example that led other women, such as June 2, 1928, Lee Blackman, Rapides Par- Jane Adams, to join in her fight Caddo Parish, Murder and Robbery, Black, ish, Brother of Murderer, Black, Private. Private. June 2, 1928, David Blackman, Rapides Par- against lynching. In fact, women, gen- December 11, 1914, Beard Washington, ish, Brother of Murderer, Black, Private. erally, are viewed as having played a Caddo Parish, Murder and Robbery, Black, February 19, 1933, Nelson Cash, Bienville major role in the antilynching cam- Private. Parish, Murder and Robbery, Black, Un- paign. December 12, 1914, Watkins Lewis, Caddo known. There was tremendous political cour- Parish, Murder and Robbery, Black, Mass. August 26, 1933, John White, St. Landry July 15, 1915, Thomas Collins, Avoyelles age shown in Georgia. Georgia was the Parish, Unknown, Black, Unknown. Parish, Murderous Assault, Black, Posse. first State to adopt antilynching legis- September 11, 1933, Freddy Moore, Assump- August 21, 1915, Bob, Red River Parish, At- lation in 1893. Yet, the State continued tion Parish, Murder, Black, Unknown. tempted Rape, Black, Unknown. July 21, 1934, Jerome Wilson, Washington to experience a disproportionate share August 26, 1916, Jesse Hammett, Caddo Parish, Murder, Black, Private. of lynching attacks. However, starting Parish, Attempted Rape, Black, Mass. October 13, 1938, W.C. Williams, Lincoln with Governor Northen in 1890, several November 15, 1916, James Grant, St. Parish, Murder and Murderous Assault, of Georgia’s Governors fought lynch vi- Landry Parish, Murder, Black, Private. Black, Mass. December 28, 1917, Emma Hooper, olence in their State resolutely. In August 8, 1946, John Jones, Webster Parish, Tangipahoa Parish, Murderous Assault, many cases it came at personal cost. Intent to Rape, Black, Private. Black, Unknown. Gov. William Atkinson, having left the July 29, 1917, Daniel Rout, Tangipahoa Par- Ms. LANDRIEU. It is also true that Governor’s mansion, personally chal- ish, Murder, Black, Private. members of the Senate delegation from lenged a lynch mob of 2,000 people in July 29, 1917, Jerry Rout, Tangipahoa Par- Louisiana participated in the actions his home town. It is a record of polit- ish, Murder, Black, Private. that led us to not act. ical leadership upon which Georgia can January 26, 1918, James Nelson, Bossier However, I am very proud to stand Parish, Living with White Woman, Black, now proudly reflect. Private. here with my colleague from Virginia Another great voice in the anti- February 26, 1918, James Jones, Richland and to note that the other Senator lynching crusade was Congressman Parish, Murder, Black, Unknown. from Louisiana, a Republican, stands George White of Tarboro, NC. He was February 26, 1918, Wm. Powell, Richland with me. We are united in our support the last former slave to serve in Con- Parish, Murder, Black, Unknown. of this resolution to offer the sincere gress—ending his congressional career February 26, 1918, James Lewis, Richland apology to try to bring to light the in 1901. He introduced an anti-lynching Parish, Murder, Black, Unknown. facts about lynching, to encourage peo- bill to stem the rising tide of violence, March 16, 1918, George McNeal, Ouachita Parish, Rape, Black, Private. ple to seek the truth. with 107 attacks having occurred in April 22, 1918, Clyde Williams, Ouachita I said earlier today people are enti- 1899. While his bill was defeated in the Parish, Murderous Assault and Robbery, tled to their own opinions. But they House of Representatives, he initiated Black, Private. are not entitled to their own facts. And one of its first political considerations.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12269 Finally, we cannot ignore the Sen- However great it is, we can most cer- principles of our country. Unfortu- ate’s own passionate voices to end the tainly improve. nately, that has not always occurred. practice of lynching. Senator Champ I yield the floor for my colleague, Daniel Webster, standing in the Old Clark of Missouri famously posted Senator ALLEN, from Virginia. Senate Chamber, told his colleagues in photos of a recent Mississippi lynching The PRESIDING OFFICER. The Sen- 1834 that a ‘‘representative of the peo- in the Democratic cloakroom with the ator from Virginia. ple is a sentinel on the watchtower of caption: There have been no arrests, no Mr. ALLEN. Mr. President, I rise liberty.’’ Indeed, the Senate has been a indictments, and no convictions of any today to speak in support of the resolu- great watchtower of liberty. Many in- one of the lynchers. This is not a rape tion of apology that Senator LANDRIEU dividuals have been outstanding ora- case. Regrettably, those photos and his of Louisiana and I have submitted. I tors, brilliant men and women in the convictions could not bring these ter- thank the Senator from Louisiana for world’s greatest deliberative body. Un- rible events to a close. We also salute her leadership on this matter. It has fortunately, this August body has a the efforts of Senators Robert Wagner been a pleasure to work with her on stain on its history, and that stain is of New York and Edward Costigan of this and other matters, but this is un- lynching. Americans died from hang- Colorado. The Wagner-Costigan bill doubtedly the most historic. ings, from whippings, from a torch, was yet another noble effort to inject I got involved in this because I re- from evil hearts outside of this Cham- Federal resources into combating ceived a letter from Dick Gregory. I ber. lynching. While it was again filibus- know Members of the Senate received Three-fourths of the victims of these tered, it was another noble effort that thousands of letters and e-mails and injustices—and these have been docu- demonstrated that people of good will phone calls. He asked me to join with mented and researched by the re- remained the majority. Senator LANDRIEU last year on this. He spected archives of the Tuskegee Insti- Because of the courage of these and was signing this letter on behalf of Dr. tute—were perpetrated against African other individuals, by the 1930s public E. Faye Williams, Martin Luther King Americans. Mr. President, 4,749 Ameri- opinion had turned against lynching. III, Dr. C. DeLores Tucker, and others. cans died by lynching, whipping, tor- In 1938, a national survey showed that But he asked me. He said: turing, and mutilation, starting in 70 percent of Americans supported the I respectfully ask you to serve as an origi- 1882. Many times these lynchings were enactment of an antilynching statute. nal cosponsor of the Landrieu resolution. not lone acts by a few white men. Even in the South, at least 65 percent . . . We realize life will go on and your world Rather, they were angry gangs, as Sen- of these surveyed favored its passage. will not be affected if you choose to do noth- ator LANDRIEU talked about. They were In short, even if southern Senators had ing. occasions, they were events, mobs who the political latitude to endorse Fed- That struck me as: Well, I am going were whipped into frenzies by the eral antilynching legislation, most to choose to do something. He asked skewed mentalities of what is right and seemed to be too mired in personal me to sponsor this on the Republican what is wrong. prejudice to accept that fact. Where side ‘‘because it is the right thing to These cruel and unjust acts are so these southern Senators were con- do.’’ contrary to the rule of law, due proc- cerned, justice was mostly deaf, but That says it all, really, when we see ess, and equal protection that we pride never color blind. an affront to the basic principles that ourselves on in the United States. In closing, I would like to acknowl- were enunciated in the spirit of this Again, three-quarters of the victims edge several members of my staff: country in the Declaration of Inde- were African Americans. But this ha- Jason Matthews, Kathleen Strottman, pendence. When we seceded from Brit- tred also was perpetrated against those Nash Molphus, Sally Richardson, and ain, we talked about freedom, liberty, who are Asian, primarily Chinese; many others, who have helped, along and justice, trying to constitute that against American Indians; against with others, put this resolution before here in this country, fighting for so Latinos; against Italians; and against the Senate today. many years to free ourselves from the people who are Jewish; and others who I want to end with one of the most monarch to construct a free and just found themselves unprotected. moving comments that I read in the society, with freedom of religion, free- Mr. President, Senator LANDRIEU and book ‘‘Without Sanctuary,’’ as I have dom of expression, due process of law, I, as well as my colleagues who are read excerpts from publications and equal protection, as well as the rule of joining us right now in the Chamber— magazines and newspapers about this law. Senator KERRY and Senator PRYOR— situation, and have been reading them In so many of those key pillars of a are rising this evening to make his- now for months on this issue. It is free and just society, when one looks at tory, to try to right history. We are taken from McClure’s Magazine, in what happened with the lynchings, the standing to give our heartfelt and for- 1905, by Ray Stannard Baker, who torchings, the whippings to death of mal apology, not for what anybody wrote about one of the lynchings—I people because of their race, because of here presently in the Senate had done, think it was of a Mr. Curtis. I will sub- their religion, because of their eth- but what this body, this continuous mit that for the RECORD. He says: nicity, the cold-hearted hatred of it, body, failed to do in the past. And it is So the mob came finally, and cracked the and the countenance of it—and the fact an apology to all the victims and de- door of the jail with a railroad rail. The jail is said to be the strongest in Ohio, and hav- that this wonderful Senate, with these scendants of those who were lynched, ing seen it, I can well believe the report is historic desks where you can pull out who were whipped to death, who were true. But steel bars have never yet kept out drawers and see some of the great torched to death, who were mutilated a mob; it takes something much stronger: minds, the great orators of our history to death. human courage backed up by the conscious- who had argued magnificently and in- Many of the victims’ descendants are ness of being right. spiringly things on this Senate floor— currently watching in our gallery. This Mr. President, the Senate was wrong you see there were times in our history is a somber, not happy time but also not to act. It was wrong to not stand in when Senators ended up looking the one of reflection. It is one of the fail- the way of the mob. We lacked courage other way. They did not take a stand. ures of the Senate to take action when then. We perhaps do not have all the They turned their eyes, they turned action was most needed. It was a time courage we need today to do every- their heads when something positive where we were trying to make sure all thing we should do, but I know we can could have been done to disapprove, de- Americans had equal opportunity. apologize today. We can be sincere in plore, and obviously pass a law to However, that clearly was not the case. our apology to the families, to their make lynching a Federal crime. Senator LANDRIEU showed those pho- loved ones, and perhaps now we can set This Chamber is part of our rep- tographs. These were vile killings. some of these victims and their fami- resentative democracy. We are to rep- They captivated front-page headlines. lies free and, most of all, set our coun- resent the ‘‘Will of the People.’’ We are They drew crowds with morbid curi- try free to be better than it is today. also to represent those foundational osity and left thousands and thousands,

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12270 CONGRESSIONAL RECORD—SENATE June 13, 2005 mostly African Americans, hanging Another reason I got involved is to honor and integrity, and many have from trees or bleeding to death from carry on the tradition of a man named throughout our history. the lashing of whips. By not acting, Champ Clark, a Senator from Missouri As Ephesians teaches us: All things this body failed to protect the liberty whose son was actually one of my men- that are reproved are made manifest by of which Daniel Webster spoke. tors when I first became involved in or- light. This apology has been a long One of those who suffered this awful ganized politics. He moved to the Char- time in coming. fate was an African American named lottesville area when I was Governor, I thank my colleague, Senator LAN- Zachariah Walker, from Coatsville, and I appointed him to the University DRIEU, for her tireless efforts in getting VA. In 1911, Walker was dragged from a of Virginia Board of Visitors. Sadly, he this resolution agreed to. I thank also hospital bed where he was recovering died a few years ago. leader FRIST for making the legislation from a gunshot wound. Accused of kill- I found that his father, Senator a priority and taking time on the Sen- ing a white man—which he had claimed Champ Clark of Missouri, posted ate schedule to recognize the signifi- was in self-defense—Walker was burned photos—similar to those Senator LAN- cance of the moment. alive at the stake without trial. DRIEU had—in our cloakrooms, of muti- I thank the cosponsors. We have Such horrendous acts were not just a lated bodies. I will read from a docu- nearly 80 cosponsors and will most regional phenomenon of the South. ment entitled, ‘‘The U.S. Senate Fili- likely have more by the end of the day. States such as Illinois, Ohio, Michigan, busters Against Federal Anti-Lynching They recognized the importance of a and even the Washington, DC area ex- Legislation: The Case For A Formal resolution and knew that the Senate perienced this sort of mob violence and Apology.’’ It states: owed an apology to the victims of injustice. Lynching was not just a re- Unlike in 1935, when senators killed anti- lynching, their families and descend- gional problem; it was a crime lynching legislation in just six days, the ants. I also thank James Allen, as Sen- throughout our Nation, which occurred 1937–38 filibuster took six weeks. One reason: ator LANDRIEU has, for his authorship in April 1937, a Mississippi mob, in collusion of ‘‘Without Sanctuary: Lynching Pho- in 46 States of our country. It was be- with local law enforcement, removed two Af- cause of the national scope of these rican Americans from their jail cells, tography in America,’’ for bringing to atrocities that the Senate should act. whipped them with chains, gouged out their us these horrendous, but important, The Senate, of course, failed to pass eyes with ice picks, and put them to death issues and making us react, recog- any of the nearly 200 antilynching bills with acetylene blowtorches. Senator Champ nizing how violent and hate-filled they introduced in Congress during the first Clark of Missouri posted photos of these vic- were. half of the 20th century. Three bills tims’ mutilated bodies in the Senate cloak- I also thank Janet Langhart Cohen passed the House of Representatives, room with a caption, ‘‘There have been No and Mark Planning for their spirited arrests, No indictments and No convictions but they were filibustered on the Sen- for any one of the lynchers. This is NOT a leadership and teamwork in getting ate floor. In addition, seven Presidents rape case. support for this resolution. I want to had asked that such laws be passed. One month later, a mob in Georgia, con- share with my colleagues some ex- One might ask: What impact would sisting partly of women and teenage girls, cerpts from Ms. Cohen’s comments. such a Federal law have had? Would forced its way into a funeral home and seized While some members of the Senate ques- that have saved all 4,749 people who the body of a lynched twenty-four-year-old tion why so many of us have been seeking were lynched, torched, mutilated, or African American. After dumping the body the passage of this official expression of into the trunk of a car and carrying it apology at this time, the real question is whipped to death? Probably not in all through town in a horn-blowing motorcade, cases because some had occurred before why the Senate action was not forthcoming the mob took it to a baseball field and decades ago. such bills were passed. burned it. However, it would have sent a mes- Horror-struck by these incidents, Senators This is important for us to under- sage, as it was read in newspapers sought to invoke cloture. If nothing else, stand the meaning for those who are across the land—whether in small they recognized that not only were African descendants of victims of lynching and towns, big cities, or in the country— Americans in high lynch states at risk, but torture and whipping. their own constituents were unprotected if She continues: that as a nation, we must stop such they were black and traveling through these Consider the scope and depth of the crimes horrendous injustices being per- areas. Sadly, after courageously battling on committed against humanity: more than petrated on people, that we stand for the Senate floor for six weeks, they aban- four thousand men and women were hung doned their effort to obtain cloture. the rule of law and equal protection from trees, many of them disembowled, their and due process. By the Senate not act- Six weeks with all this and no action. limbs and organs amputated, and then set on ing, guess what message was sent. It Historians will no doubt disagree as to fire. These heinous acts . . . were designed to sent the message that there are some a single reason why Senators blocked terrify African American citizens, remind people who may not think this is a antilynching legislation in the 1920s them that they have fewer rights and protec- good idea, that the Senate apparently through the 1940s. My desire is not to tions than animals, and drive them from condones it because they failed to act, get into motivations. Regardless of their land—all while serving as entertain- ment for white society. notwithstanding the request of Presi- their reasoning, one reason that I can dents and the passage of such bills in see from all this is that there is no rea- The point is, this was to intimidate the House of Representatives. son. There is no rationale. They were people. Why was Federal legislation needed? clearly wrong. They turned their eyes. Ms. Cohen says that she comes to the Because out of these 4,749 injustices of They turned their heads. That is why it Senate today—she is in the gallery lynching, torching, and whipping, only is so important that we set aside these with many other descendants—for 1 percent were prosecuted. In many hours to apologize for this lack of ac- many reasons. She writes: cases, local authorities were complicit tion by the Senate—because there was As a Black woman, as the spouse of a and involved in these cruel acts of in- no reason. There was no tolerance. former Senator, and as one who had a family justice. Virginia was one of the States member lynched, I need to bear witness to an There was an acceptance and a con- act of decency that has been deferred, indeed that actually passed an antilynching donation of vile, hate-filled activity. filibustered, for far too long. law which means that while there were Thankfully, justice in our Nation has We know she is here with many oth- 100 such lynchings, torchings, and moved forward and left such despicable ers and recognize that it has been fili- burnings—and 100 is too many—com- acts history. In ignoring the protec- bustered far too long. pared to other States in the South, tions of our Founding Fathers, that ev- She also states that: that was less. I have learned a lot since eryone is innocent until proven guilty, we introduced this bill. North Caro- It’s important to remind the American the Senate turned its back on our people about the evil chapters in our history. lina’s Governors, in the early 1900s, foundational principles of justice and It is the reason we construct museums in protested against such mob violence in freedom. Washington and beyond, to hold up for all to their State and, therefore, they had I look around the Chamber and note see how capable we are of descending into less than in other States. that all of us serve with a great deal of the heart of darkness. It’s important for us

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12271 to look back into the past so that we can sanctioned it, not during the Dark Ages, but ities that plagued our great Nation for pledge never again to allow racial hatred to during my lifetime. And those who sanc- over a century. consume our ideals or humanity. tioned it were not uneducated barbarians; I will close with the words of our res- President Bush, in his second inau- they included men who held positions of of- olution: fice and honor at all levels of government, gural address, stated: Whereas, an apology offered in the spirit of including the United States Senate. The par- true repentance moves the United States to- Our country must abandon all habits of liamentary delaying tactics that currently ward reconciliation and may become central racism because we cannot carry the message are the subject of so much debate took place to a new understanding, on which improved of freedom and the baggage of bigotry at the in the nation’s Capital, on the floor of this racial relations can be forged. Now, there- same time. hallowed institution. fore, be it Resolved, That the Senate— She concludes with these statements: I have come to the United States Senate (1) apologizes to the victims of lynching for An apology, I concede, will do nothing for today for many reasons. As a Black woman, the failure of the Senate to enact anti-lynch- the thousands of people who perished during as the spouse of a former Senator, and as one ing legislation; what has been called ‘‘the Black Holocaust.’’ who had a family member lynched, I need to (2) expresses the deepest sympathies and It cannot repair the battered souls of their bear witness to an act of decency that has most solemn regrets of the Senate to the de- survivors. It is, after all, only a symbolic been deferred, indeed filibustered, for far too scendants of victims of lynching, the ances- act. Our symbols, however, the Eagle, Old long. tors of whom were deprived of life, human Glory, Lady Liberty, to mention but a few, I am told that some members of the Senate dignity, and the constitutional protections are but short hand narratives of who we are are not prepared to support this measure be- accorded all citizens of the United States; as Americans. cause they think that an official apology is and It is through an acknowledgment of the too trivial, meaningless and irrelevant to the (3) remembers the history of lynching, to Senate’s abdication of its duty to protect times in which we live. ensure that these tragedies will be neither and defend the rights of all American citi- The passage of time can never remove the forgotten nor repeated. zens that, perhaps, we can begin to under- stain of institutionalized terrorism from our My colleagues, I ask you to join all of stand the pain and anger that still lingers in history or permit any public official to dis- miss the pain of those who have lost family us in examining our history, learn from the hearts and minds of so many who have history, never again sit quietly, and been deprived of the equality promised in our members to the savagery of lynch mobs as Constitution. something unworthy of the Senate’s agenda never again turn one’s head away when My friend and mentor, Dr. Martin Luther and deliberations. the ugly specter of racism, anti- King, Jr., once said that ‘‘the arc of history It’s important to remind the American semitism, hate, and intolerance rises bends toward justice.’’ people about the evil chapters in our history. again. It is our responsibility to stand Today, as the Senate Members cast their It is the reason we construct museums in strong for freedom and justice. historic votes, that arc dips closer to its des- Washington and beyond, to hold up for all to In the future, I am confident that tination. see how capable we are of descending into the heart of darkness. It’s important for us this Senate will perform better than it Signed, Janet Langhart Cohen. to look back into the past so that we can has in the past. We will protect the Mr. President, I ask unanimous con- pledge to never again allow racial hatred to God-given blessings of all people to life sent that the full letter be printed in consume our ideals or humanity. and liberty, regardless of their race, the RECORD. In his Second Inaugural Address, President their ethnicity, or their religious be- There being no objection, the mate- Bush stated that, ‘‘Our country must aban- liefs. The Senate can do better; we rial was ordered to be printed in the don all habits of racism because we cannot have done better tonight. But the real RECORD, as follows: carry the message of freedom and the bag- gage of bigotry at the same time.’’ These are measure of what we have learned when JUNE 13, 2005. noble words and they deserve to be acted such acts occur in the future is, will First, I want to commend Senators George upon as well as invoked. this Senate rise and condemn it to pro- Allen and Mary Landrieu for their leadership Finally, let me say that this Resolution is tect those God-given liberties? I know in introducing Senate Resolution 39 and for but a first step in the process of educating their persistence in bringing it to a vote that Senator LANDRIEU and I believe the American people about our history; of the Senate will rise appropriately. today. I also wish to express my profound not allowing this part of our past to be re- gratitude to Mark Planning who has been in- Mr. President, with that, I ask unani- duced to a footnote, or glossed over and air mous consent that notwithstanding the defatigable in his quest for the passage of brushed into oblivion. this measure. An apology will not erase the criminality previous agreement, the Senate now While some members of the Senate ques- that was once considered a cultural or re- proceed to the vote on the pending res- tion why so many of us have been seeking gional privilege. An apology does not purport olution; I further ask unanimous con- the passage of this official expression of to serve as an absolution for the sins of the sent that notwithstanding adoption of apology at this time, the real question is past. the resolution, the remaining time why Senate action was not forthcoming dec- An apology, I concede, will do nothing for under the previous agreement remain ades ago. the thousands of people who perished during Consider the scope and depth of the crimes available for Senators who wish to what has been called, ‘‘the Black Holocaust. make statements, provided that any committed against humanity: more than It cannot repair the battered souls of their four thousand men and women were hung survivors. It is, after all, only a symbolic statements relating to the resolution from trees, many of them disemboweled, act. Our symbols, however, the Eagle, Old appear prior to its adoption in the CON- their limbs and organs amputated, and then Glory, Lady Liberty, to mention but a few, GRESSIONAL RECORD. set on fire. These heinous acts, carried out are but short hand narratives of who we are The PRESIDING OFFICER (Mr. BEN- and protected under the claim of ‘‘states as Americans. NETT). Without objection, it is so or- rights’’ were designed to terrify African- It is through an acknowledgement of the dered. American citizens, remind them that they Senate’s abdication of its duty to protect had fewer rights and protections than ani- Mr. ALLEN. I thank the Chair. and defend the rights of all of America’s citi- The PRESIDING OFFICER. The mals, and drive them from their land—all zens, that, perhaps, we can begin to under- while serving as entertainment for white so- question is on agreeing to the resolu- stand the pain and anger that still lingers in tion. ciety. the hearts and minds of so many who have Picnics were even held by white commu- been deprived of the equality promised in our The resolution (S. Res. 39) was agreed nities so that those who claimed to be de- Constitution. to. cent, law abiding citizens could witness and My friend and mentor, Dr. Martin Luther The preamble was agreed to. rejoice in the mutilation of those whose an- King, Jr. once said that, ‘‘The arc of history Mr. ALLEN. Thank you, Mr. Presi- cestors had been ripped from their homeland, bends towards justice.’’ dent. separated from their families, sheared of Today, as the Senate members cast their The PRESIDING OFFICER. The Sen- their identities, brought in chains to Amer- historic votes, that arc dips closer to its des- ator from Massachusetts is recognized. ica, and sold on the auction block as sub- tination. Mr. KERRY. What is the status of human chattels. JANET LANGHART COHEN. It is inconceivable that any person of rea- the time? Is it under control, or is it son or conscience, of any faith, Christian or Mr. ALLEN. Mr. President, I am just open? non-Christian, could possibly tolerate such proud that this resolution will pass to- The PRESIDING OFFICER. The Sen- barbarism, such a display of pure evil. But night. The Senate is going to be on ator from Virginia and the Senator people did, of course. They tolerated it and record condemning the brutal atroc- from Louisiana control the time.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12272 CONGRESSIONAL RECORD—SENATE June 13, 2005 Ms. LANDRIEU. Mr. President, I will So even today, as we take this gigan- A lot of us have read a lot about be happy to yield to the Senator from tic step, we are also saying to America World War II and the Holocaust and Massachusetts in just a moment. He that there is a journey still to travel. I other moments of history where there has been very patient. As a cosponsor don’t want to diminish one iota—and I is a knock on the door and life changes. of the resolution that just passed, it is don’t mean to because I believe what is But you have to stop and really think a privilege and it is appropriate for happening here today is so significant, what it was like in all but four States Senator KERRY to be one of the first but at the same time, it has to give all in our country, not just for African Senators to speak upon its passage. of us a kind of kick in the rear end to Americans but for new people, for folks I wish to just mention very briefly, get us out there to do that which is who had come here from other places because I am not sure he is going to be necessary, which gives fuller meaning to live the American dream. In some able to stay with us much longer, Mr. to the words that are going to be ex- cases, they were not knocks, they were James Cameron has been with us all pressed here and have been expressed just angry mobs screaming and yelling day. Mr. Cameron is 91 years old. He here—most important, to give fuller with torches and running rampant lives in Marion, IN. In 1930, when he meaning to the emotions that have through a household, dragging out peo- was 16 years old, a mob dragged him been laid bare for all of America to un- ple screaming. In other cases, there from a cell at Grant County Jail and derstand better by the families who was a pretext, more polite, but it was put a rope around his neck. He was ac- have come here to share this with us. never polite in what it ended up as. cused of a murder and a rape. He was I also join not just in thanking Mr. Lynchings were not just lynchings; nowhere around when it occurred. His Cameron and Ms. Johnson, and others, they were organized torture. They were associates, Abe Smith and Thomas but Janet Langhart, who is here with incidents of kinds of torture that de- Schipp, were both lynched that night. our former colleague and the former fied imagination, about which you do A man in the crowd spared him by pro- Secretary of Defense, Bill Cohen. We not even want to talk, the kinds of claiming that he, in fact, was innocent certainly appreciate her commitment things that any decent society ought and should be let go. He then went on to this effort and the meaning of this to stand up against. People were lit- to live an extraordinary life without to her and to all of the families who erally tortured for sport in front of bitterness, with a lot of love. He has have come here together. people, and crowds would cheer—bed- It is pretty incredible to think about been married for 67 years, has 4 chil- lam. Children were brought to be spec- it. Lynchings really replaced slavery. dren and multiple grandchildren. Sen- tators. Some of these photographs They came in the aftermath of slavery, ator EVAN BAYH, who serves in this show kids standing there with their around the 1880s. Between the 1880s and body—when he was Governor of Indi- eyes wide open and adults standing be- 1968—I have to pause when I think side them, who were supposed to be ana, he pardoned Mr. Cameron. But he about that because I was already a is really the one who has forgiven us young officer in the military. I had left more responsible, glued to the horror for what was done against him. college. I remember the early part of they were witnessing. I yield the floor to Senator KERRY. In the first half of the last century the 1960s devoted to the civil rights The PRESIDING OFFICER. The Sen- alone, in the 20th century, over 200 movement, the Mississippi voter reg- ator from Massachusetts is recognized. antilynching bills were introduced in istration drive. We were still recording Mr. KERRY. Mr. President, I start by the Congress—200. Three times, the lynchings during that period of time, thanking Senator LANDRIEU and Sen- but I did not know it, not in the sense House of Representatives passed ator ALLEN for their leadership on this that we know it today. antilynching legislation. Seven Presi- effort and for all those descendants of I thought I knew history pretty well, dents asked for this legislation to be families who have been absolutely ex- but I will tell you, until I saw this passed. The Senate said no. traordinary in the way in which they array of photographs which then So it is important that we are here relived their pain, brought it to the sparked my curiosity to read more today to apologize. Some people won- public view, kind of laid their hearts about it, I had always thought, like der what the effect of an apology is. We out on the table in a very real and most Americans, that a lynching was can understand that question being emotional way—that has been a won- just slinging a rope over a branch of a asked. This is sort of a day of reck- derful part of this process—and the tree and that was it. The story is so oning for us as a country, it is a mo- way in which the book Jimmy Allen much more gruesome than that, so ment for the conscience of our country put together has helped to unleash a much more dark and horrendous as a to be listened to by everybody. It is an pain that was never lost, never forgot- moment in American history that it is embarrassingly and unforgivably late ten by anybody, but never quite had a really hard to believe it happened at all moment in coming, but we are address- place to play itself out—until this pub- in our country, which is another reason ing a stain on our history, and we are lic effort that is being made by the it is so important that we are taking working to heal wounds across genera- Senate. this step to remember. tions. I believe that is important. Some There is no small irony, I suspect, in We have seen revisionism in almost people might try to diminish that, but the fact that the Senate is here sort of every part of history, including the the very lack of unity I mentioned ear- making good on what the Senate failed Holocaust. So it is good we are taking lier, in fact, goes to show why this to do. I personally am struck by even, this step today, and it is good we have apology is so important and why we all at this significant moment, the undeni- these photographs now brought to- have to keep moving in this direction. able and inescapable reality that there gether as a compilation of history, and No words, obviously, are going to are not 100 Senators as cosponsors. it is good that the Senate is taking undo the horror of those 5,000 Ameri- Maybe by the end of the evening there this effort tonight. cans losing their lives. No apology is will be, but as we stand here with this It is extraordinary to think that 99 going to just wipe away the memories resolution passed by voice vote, there percent of the perpetrators of lynch- of Mr. Cameron and others, though are not. ings escaped any reach of the law what- they have shown a greater graciousness Moreover, all the people in the Sen- soever. It is incredible to think that al- of understanding than others even at ate and the press understand how we most 5,000 people are recorded as inci- this moment. work here. It is critical that we take dents, and how many are not recorded? The fact is that this resolution can the step we are taking and have taken, How many went without the local au- be one more step in the effort for all of but at the same time wouldn’t it have thorities in each of those commu- us to try to get over the divide that been just that much more extraor- nities—who were already complici- still exists between races and as a re- dinary and significant if we were hav- tous in what happened, standing by, sult of Jim Crow in this country, but ing a recorded vote with all 100 Sen- permissive, turning away from basic only if we face the truth. It is the Bible ators recording their votes? We are human rights—how many of those inci- that reminds us that it is the truth not. dents were not recorded? that sets us free. And so it is that we

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12273 have to embrace it, commit ourselves cial meaning for her, and for the other legacy of racial discrimination, so that to putting our hearts and our actions family members of those who were im- 100 years from now we can look back where our words have now preceded us. pacted by these great tragedies of the and be proud, and not have to apologize This should be an important step for- past. I thank her and others for being once again. That means completing the ward, but, frankly, it will only do that here today. unfinished work of the civil rights if we do not stop here. Since America’s darkest days of Jim movement, and closing the gap that The truth is that it is not enough to Crow, separate but equal, fire hoses, still exists in health care, education, face the horror of lynchings if we then church bombings, cross burnings and and income. There are more ways to just walk out of here and consciously lynchings, the people of this great Na- perpetrate violence than simply a turn away from legally separate and tion have found the courage, on occa- lynching. There is the violence that we unequal schools in America. It is not sion, to speak up and speak out so that subject young children to when they do enough to decry decades of refusing to we can right this country’s wrongs, and not have any opportunity or hope, use the force of law against lynchings walk together down that long road of when they stand on street corners not if today we refuse to use the force of transformation that continues to per- thinking much of themselves, not law to tear down the barriers that pre- fect our Union. It is a transformation thinking that their lives are worth liv- vent people from voting, barriers in the that brought us the Civil Rights Act ing. That is a form of violence that this economy, divisions in the health care and the Voting Rights Act; a trans- Chamber could do something about. system that works for too few of those formation that led to the first Black As we are spending time apologizing who are in the minority in America. Member of Congress, and the first today for these past failures of the Sen- It is only by reconciling the past that Black and White children holding ate to act, we should also spend some we have to understand where we have hands in the same playground and the time debating the extension of the Vot- to go in the future and get there. I re- same school; a transformation without ing Rights Act and the best way to ex- mind my colleagues to remember the which I would not be standing here tend health care coverage to over 45 words of Julian Bond when he dedi- speaking today. But I am. And I am million uninsured Americans. We cated that beautiful, simple memorial proud because, thanks to this resolu- should be considering how we can make in Montgomery, AL, to those who gave tion, we are taking another step in ac- certain that college is affordable for their lives for civil rights. He said it knowledging a dark corner of our his- young African-American children, the was erected as much to remember the tory. We are taking a step that allows great, great-grandchildren or the great, dead as it was for those young people us—after looking at the 4,700 deaths great, great-grandchildren of those who who cannot remember the period when from lynchings, the hate that was be- have been wronged. These are the ways the sacrifices began, with its small cru- hind those deaths, and this Chamber’s we can finally ensure that the blessings elties and monstrous injustices, its refusal to try and stop them—to finally of opportunity reach every single petty indignities and its death dealing say that we were wrong. American, and finally claim a victory in inequities. There are many too There is a power in acknowledging in the long struggle for civil rights. Today is a step in the right direction. young to remember that from that error and mistake. It is a power that Today’s actions give us an opportunity seeming hopelessness, there arose a potentially transforms not only those to heal and to move forward. But for mighty movement, simple in its tac- who were impacted directly by the those who still harbor anger in their tics, overwhelming in its impact. That lynchings, but also those who are the hearts, who still wonder how to move is why we have to remember the period progeny of the perpetrators of these on from such terrible violence, it is of the lynchings. That is why this reso- crimes. There is a piercing photo- worth reflecting for a moment on one graphic exhibit in Chicago right now lution is important—for the young peo- remarkable individual: Mamie Till that displays some of the lynchings ple who do not know what it means to Mobley. wake up in the middle of the night to that occurred across the country over Mamie Till Mobley’s child Emmett hear that knock, for young people to the past two centuries. These photo- was only 14 years old when they found need to commit to help our country graphs show that what is often most him in the Mississippi River, beaten complete the journey in order to guar- powerful is not the gruesome aspects of and bloodied beyond recognition. After antee we make it all that it promises the lynching itself, nor the terrible Ms. Mobley saw her child, her baby, un- to be and can be. rending of the body that took place. recognizable, his face so badly beaten We will never erase what Mr. Cam- No, what is most horrific, what is most it barely looked human, someone sug- eron or Mr. Wright and too many oth- disturbing to the soul is the photo- gested that she should have a closed ers went through, but we certainly can graphs in which you see young little casket at his funeral. She said: No, we honor the legacy of these civil rights White girls or young little White boys are going to have an open casket, and heroes and the martyrs who came be- with their parents on an outing, look- everybody is going to witness what fore us by doing right by them and by ing at the degradation of another they did to my child. the country. I hope this resolution will human being. One wonders not only The courage displayed by this mother help us do that. what the lynching did to the family galvanized the civil rights movement I yield the floor. member of those who were lynched, but in the North and in the South. And, de- The PRESIDING OFFICER. Who also what the effect was on the sen- spite the immensity of the pain she yields time? sibilities of those young people who felt, Mamie Till Mobley has repeatedly Mr. KERRY. Mr. President, I yield stood there, watching. said: I never wasted a day hating. such time to the Senator from Illinois Now that we are finally acknowl- Imagine that. She never wasted a day as he should use. edging this injustice, we have an oppor- hating, not one day. The PRESIDING OFFICER. The Sen- tunity to reflect on the cruelties that I rise today, thanking God that the ator from Illinois. inhabit all of us. We can now take the United States Congress—the represent- Mr. OBAMA. Mr. President, I rise in time to teach our children to treat peo- atives of the American people and our strong support of this resolution. Be- ple who look different than us with the highest ideals—will not waste one more fore I make any further remarks, I same respect that we would expect for day without issuing the apology that would like to recognize Doria D. John- ourselves. So it is fitting, it is proper, will continue to help us march down son, and thank her for coming. She is and it is right that we are doing what the path of transformation that Mamie from Evanston, IL. Ms. Johnson is the we are doing today. Till Mobley has been on her whole life, great, great-granddaughter of Anthony However, I do hope, as we commemo- and that the people in attendance in Crawford, a South Carolina farmer who rate this past injustice, that this the gallery have been on for genera- was lynched nearly 100 years ago for Chamber also spends some time doing tions. the crime of being a successful Black something concrete and tangible to I am grateful for this tribute, and I farmer. I am sure that this day has spe- heal the long shadow of slavery and the am looking forward to joining hands

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12274 CONGRESSIONAL RECORD—SENATE June 13, 2005 with my colleagues and the American brilliant glare of the electric lights. At The Arkansas Times article recounts people to make sure that when our Varner, George Harris was taken from jail a conversation that occurred 30 years children and grandchildren look back and shot for killing a white man, for poi- later, in September 1957 of a mother at our actions in this Chamber, we do soning his domestic happiness. talking to civil rights pioneer Daisy At Wilmar, a boy was induced to confess to not have something to apologize for. the commission of an outrage, upon promise Bates about the John Carter lynching. I yield the floor. of his liberty, and when he had confessed, he The mother had this to say: The PRESIDING OFFICER. The Sen- was strung up and shot. Over in Lonoke I am frightened Mrs. Bates. Not for myself, ator from Arkansas. County, a whole family consisting of hus- but for my children. When I was a little girl, Mr. PRYOR. Mr. President, I join my band, wife and child were shot down like my mother and I saw a lynch mob dragging colleagues today to talk about one of dogs. Verily the situation is alarming in the the body of a Negro man through the streets extreme. of Little Rock. We were told to get off the our Nation’s darkest periods, a stain in streets. We ran. And by cutting through side history we would rather forget but that There were few honest press accounts streets and alleys, we managed to make it to we cannot ignore. While White mobs of such lynchings, a problem that con- the home of a friend. committed 4,742 hangings, floggings tinues to trouble historians today as But we were close enough to hear the and burnings of African Americans, the they put together the pieces of this pe- screams of the mob, close enough to smell Senate watched indifferently, failing to riod. Most Arkansas press accounts the sickening odor of burning flesh. And, pass any of the 200 separate bills before were no different. Lynchers were con- Mrs. Bates, they took the pews from Bethel sidered heroes, officers conniving, and Church to make the fire. They burned the it to make lynching a Federal crime. S. body of this Negro man right at the edge of Res. 39, expressing the Senate’s apol- the accused guilty. the Negro business section. ogy for failing to adopt antilynching A case in point: In 1919, Arkansas would be home to a The woman speaking to Daisy Bates legislation, is long overdue. I express was named Birdie Eckford. Her daugh- my sincere apologies and regret to the terrible racial injustice—the so-called Elaine Race Riot. ter Elizabeth, one of the Little Rock families in Arkansas and the Nation, Nine, would walk through an angry, especially to the victims and their de- According to sketchy accounts that have been pieced together by histo- threatening crowd the following day to scendants, that this body failed to help claim her right to an equal education at a time when they needed it most. rians, in September 1919, black share- croppers met to protest unfair settle- at Little Rock Central High School. I hope that acknowledging these Little Rock Central High School ments for their cotton crops from grave injustices of the past will help today reminds us of some of the dark- white plantation owners. Local law en- begin to heal the wounds that exist est days during the civil rights move- forcement broke up the union’s meet- today. Even more so, this acknowledge- ment. As a former student, however, I ing, and the next day a thousand white ment should serve as a lesson that gov- can tell you that it also represents men, and troops of the U.S. Army, con- ernment must step in to help foster ra- hope and achievement. cial reconciliation, ensure the mob verged on Phillips County to put an The year 2007 will mark the 50th an- mentality never returns, and protect end to the black sharecroppers’ so- niversary of the desegregation process those who are most vulnerable. called ‘‘insurrection’’. at Little Rock Central High School. The Senate can start by continuing The number of African-American Last Friday, I spoke with seven mem- to advance civil rights and equality, deaths from this lynching is disputed, bers of the Little Rock Nine to tell and work to close the divide that con- ranging from 20 at the low end to 856 them that we are closer to funding an tinues in our neighborhoods, schools men and women on the high end. adequate visitor center and museum in The details of the Elaine Race Riot of and workplaces. I am afraid that if we time for his landmark anniversary. don’t start truly addressing inequities 1919 have never been formally written Minnijean Brown Trickey, one of the we will look back once again at the down, but Mayor Robert Miller of Hel- Nine, said this Visitors’ Center will Senate’s inaction with disdain and re- ena, AR remembers them vividly. serve many purposes, but what struck morse. At the time, Mayor Miller’s four un- me was her assurance that the Center Most of the worst offenses of lynch- cles were preparing for a hunting trip. ‘‘is an opportunity for healing.’’ ing occurred in the south and Arkansas Three of them had traveled to a town Today’s resolution offers similar op- was no different. Between the years near Elaine, Helena, AR, for this spe- portunities. It allows us to remember 1860–1936, 318 lynchings occurred in Ar- cial occasion, which turned tragic the past, begin healing from that past, kansas. Of this number, 230 were black, when a mob saw the brothers with guns look at how far our Nation has come to including 6 females. Three-quarters of in hand, and assuming they were part address equality and discrimination the lynchings in our State that are re- of the ‘‘insurrection,’’ all four were im- and rededicate ourselves to acknowl- corded were against African Ameri- mediately killed. edging how much further we must go cans. Of the anti-lynching legislation we from here. Of course, statistics don’t have a are considering today, Mayor Miller I yield the floor. face, they don’t feel pain, nor do they says, ‘‘It won’t change what happened, The PRESIDING OFFICER. The Sen- hold memories. But people and families but at least it’s a good thing, a move- ator from Colorado. all over Arkansas do, and they remem- ment in the right direction.’’ Mr. SALAZAR. Mr. President, I rise ber these crimes and the Senate’s inac- A 2000 article from the Arkansas this evening to speak in support of S. tion to protect them. Times reports on Arkansas’ most high- Res. 39, apologizing for the Senate’s In March 1892, a reporter from the profile lynching and the lasting impact failure to enact antilynching legisla- Christian Recorder reported the chaos it has had on families in Arkansas tion. It is important for us to reflect on and hopelessness occurring throughout today. the statements that have been made by the state: In May 1927, a mentally retarded my colleagues, including the distin- There is much uneasiness and unrest all black man named John Carter was ac- guished Senator from Louisiana and over this State among our people, owing to cused of attacking a white mother and the distinguished Senator from Vir- the fact that the people all over the State daughter. Upon his capture near Little ginia, so that we can remember the his- are being lynched upon the slightest provo- Rock a mob of 100 quickly gathered and tory of this country and how America cation; some being strung up to telegraph prevented police from taking him to has been an America in progress. The poles, others burnt at the stake and still oth- Little Rock, where police would pro- past can be painted in statistics or it ers being shot like dogs. tect him from being lynched. can be painted in the stories of people In the last 30 days there have been not less After hanging him from a utility than eight colored persons lynched in this who have suffered from the unjust re- State. At Texarkana a few days ago, a man pole, the mob dragged John Carter’s sult of the absence of an antilynching was burnt at the stake. body through the city, and burned it in law. In Pine Bluff a few days later two men downtown Little Rock at 9th and We can speak about the time between were strung up and shot, and this too by the Broadway. 1882 and 1968 when there were nearly

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12275 5,000 lynchings. These lynchings that Court under the leadership of Justice has come to this point that it could occurred were not lynchings that oc- Warren to say in these United States, critique itself for this legislative curred just in the southern part of the separate but equal was unconstitu- body’s failure to enact antilynching United States of America but happened tional under the 14th amendment. It laws back at a time when it would have throughout most of the States of our took more than half a century more for been so important to stop these kinds country, including in my own home the U.S. Supreme Court to make that of mayhem and murderous rampages State of Colorado, where a historian statement. where mobs would take, supposedly, has in his own research concluded that So when we look to the future of justice into their own hands. there were about 175 lynchings in Colo- America, when we look to the diversity Thank goodness we have come to a rado between 1859 and 1919. that defines our country, it is my belief point at which we can admit our mis- It is appropriate and fitting that that this next century will be defined takes, even though this is several gen- today we apologize for the absence of by how we as an American society em- erations later, and pass such a resolu- those laws, that we recognize people brace the concept of an inclusive tion as we will do tonight. like James Cameron who became a sur- America. When we embrace a concept Interestingly, one of my political he- vivor of the lynchings of that time pe- of an inclusive America, we talk about roes is a person who Americans rarely riod, recognize that this Senate today including people of all backgrounds—be hear about. He was a British Parlia- says we apologize for that past. they Anglo Americans, French Ameri- mentarian in the late 1700s and the It is perhaps even more important to cans, African Americans, Latinos, Na- early 1800s named William Wilberforce. look to the future of America and to tive Americans, women—that we as an Wilberforce was elected to the Par- look at the racial issues and the chal- American society will be challenged in liament at the age of 21 along with one lenges we face as a nation to create an the century ahead by how we deal with of his best friends, William Pitt, the America that truly is an America of in- the issue of inclusion, and the great- Younger. And in 3 years, at age 24, Pitt clusion. It is one thing to stand in the ness of this country will be defined by was elected Prime Minister. Of course, Chamber of the Senate today, to look how successful we are in making sure Wilberforce could have been in his Cab- at our history, and to learn from that we are inclusive of all people. inet. But at that point Wilberforce had painful history, but it is equally as im- There are some who have recognized recognized the great evil of the day and portant to look to the future and to this. Justice Sandra Day O’Connor, in dedicated his life to the elimination of recognize the challenges we face in this writing for the U.S. Supreme Court in the economic order of the day, which America in the decade ahead, and the the now famous decision of the Univer- was the English slave trade where the 100 years ahead require us to learn sity of Michigan from several years captains would take the boats down off from those very painful lessons of the ago, made the following comment the coast of Africa under the guise of past. about the importance of diversity in friendship, round up native Africans, When one looks at those very painful higher education in the majority opin- put them in the holds of those slave lessons of the past, we have to recog- ion: ships, and take them to the New World nize for the first 250 years of the begin- These benefits are not theoretical but real, and sell them. nings of this Nation we had a system of as major American businesses have made Wilberforce is a hero to me because, law that recognized it was OK for one clear that the skills needed in today’s in- as a government official, a member of group of people to own another group creasingly global marketplace can only be Parliament, he would not even join developed through exposure to widely di- William Pitt, the Younger’s Cabinet. of people under our system of slavery verse people, cultures, ideas, and viewpoints. just because of the color of their skin. He wanted to devote his life to the That was from the brief submitted by It is important for us, also, to recog- elimination of the slave trade. It took General Motors. She went on to say: nize that it took the bloodiest war of him 20 years to do it. Time after time, the United States during the Civil War, What is more, high-ranking retired officers he was beat back, but he persevered, and civilian leaders of the United States and he finally won, 20 years later. for over half a million people were military assert, based on their decades of ex- killed on our own soil in America to perience, a highly qualified racially diverse Then, before Wilberforce died, he saw bring about an end to the system of officer corps is essential to the military’s that Parliament actually abolished slavery and to usher in the 13th, 14th, ability to fulfill its principal mission to pro- slavery. That was some 30 years before and 15th amendments which are the vide national security. slavery was abolished here in America. bedrock of the constitutional liberties It was in that articulation by Justice So it is a privilege for me to be here we now endow upon all people of Amer- Day O’Connor, where she articulated at long last to join our colleagues to ica. the challenge and the opportunity that apologize for the Senate’s failure in the Notwithstanding the fact that in that we have as an American society, the 1930s to pass legislation outlawing the time period of the Civil War we saw the 21st century unfolds in front of us. barbaric practice of lynching. For more blood and life of so many Americans In my estimation, the greatness of than a century, this country presented laid down in this country, we still con- this country depends on our learning two realities to its citizens. Enshrined tinued through another period of al- and not forgetting the painful lessons in our Constitution is a government most 100 years where we divided our of the past, including the lynchings and a legal system designed to protect Nation according to groups. It was over that occurred across America, while the rights of all Americans so that our 100 years ago when Justice Harlan, also looking forward to the challenge freedom cannot be taken away or in- writing for the dissent in the now fa- of including people of all backgrounds fringed upon without due process of mous case of Plessy v. Ferguson, made and all races in all of the business af- law. But for many decades, however, the following observation, disagreeing fairs and civic affairs of this Nation. this system of justice and respect for with the U.S. Supreme Court on the I yield the floor. the rule of law did not apply to all of segregation system which was ushered The PRESIDING OFFICER. The Sen- the citizens of this country. in under that decision, saying: ator from Florida. In 1857, in the Dred Scott Supreme The destinies of the races, in this country, Mr. NELSON of Florida. Mr. Presi- Court decision, that guarantee in the are indissolubly linked together and the in- dent, I am very glad we are passing U.S. Constitution that all men are cre- terests of both require that the common gov- this resolution. There have been at- ated equal was not intended to include ernment law shall not permit the seeds of tempts in the past by other Members of Blacks by that decision. For many race hate to be planted under the sanction of Congress, such as my good friend, the years later, Black Americans found few law. former Congressman Tony Hall of Ohio, protections in the constitutional guar- That was over 100 years ago. Yet it who had tried several years back to get antees of liberty and freedom and equal took more than half a century, until a resolution of apology with regard to protection under the law. A Black man 1954, in the decision of Brown v. Board slavery. They never could work out all accused of a crime against a White per- of Education, for the U.S. Supreme the details. I am very glad the Senate son found that he had no access to the

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12276 CONGRESSIONAL RECORD—SENATE June 13, 2005 courts to prove his innocence, he had took her 14-year-old son Emmett to the resents Atlanta, GA, as a Member of no access to a fair and impartial jury 63rd Street Station in Chicago to catch the House of Representatives. He was of his peers. All too often, White citi- the southbound train to Mississippi. one of the pioneers in the civil rights zens, armed with guns and feelings of Emmett was going to spend the sum- movement. He was 15 years old, 1 year righteousness, would take the accused, mer with his great uncle and aunt in a older than Emmett Till, growing up in as law enforcement officers stood by, town called Money, MS, in the heart of Alabama, when he saw those photo- and brutalize them and hang them in a the Mississippi Delta. graphs of this young man. Like mil- public setting for other members of the The next day, August 21, 1955, young lions of African Americans, JOHN LEWIS community to view and feel avenged. Emmett Till arrived in Mississippi. He was haunted by the image. He told a How horrible would that be, a public spent the next few days helping out Washington Post reporter recently: I spectacle that was supposed to intimi- around the house, working with his remember thinking it can happen to date, that was supposed to strike fear. great uncle, Moses Wright, in the cot- anyone, me or my brothers or my cous- Did it? You bet it did. It was meant to ton fields. ins. It created a sense of fear that it send a message to the members of the On August 24, after a long day of could happen to anyone who got out of Black community that they better re- working in the fields, Emmett and a line. main in their place, to remember that group of teenagers went into town to Those images of Emmett Till in- the guarantees of freedom and fairness Bryant’s Grocery Store for some re- spired more than fear. In many people, in the Constitution did not include freshments. The store—owned by a they inspired courage and resolve. them. White couple named Roy and Carolyn There was a decision made by so many In my State of Florida, there were 61 Bryant—served primarily Black work- at every level of life in America to no lynchings of Black Americans between ers, sharecroppers, and their kids. Em- longer ever tolerate the brutal inhu- 1921 and 1946, which, of course, rep- mett went into Bryant’s Grocery Store manity of hatred and racism of Jim resents only a fraction of the total to buy some bubble gum. Some kids Crow laws. When Rosa Parks, the leg- number that were committed in my who were hanging out outside the store endary civil rights leader, refused to State. There is no justification or ex- accused Emmett of whistling at Caro- give up her seat on that bus in Mont- planation for these horrible acts of vio- lyn Bryant, one of the proprietors of gomery, AL, it was 100 days after Em- lence. As a nation that respects the the store. mett Till’s murder. She said, when rule of law and court-prescribed jus- Four days later, on August 28, Caro- asked later: How did you show the tice, what happened was vigilantism lyn Bryant’s husband and his half strength to do that, stand up against and mob rule. That is what determined brother went to Moses Wright’s home everybody and say, no, I will not sit in ‘‘justice.’’ And that is never justifiable. at 2:30 in the morning. They kidnapped the back of the bus, she said she got There is a place in Florida called young Emmett Till from his bed, and her courage by thinking of that young Rosewood. It was the site, in the 1920s, they committed one of the most noto- man, Emmett Till. of what many describe as a massacre. rious and horrific lynchings in Amer- Eight years later, in a song entitled That Black community was destroyed ican history. They brutally beat this ‘‘The Murder of Emmett Till,’’ the by Whites. No arrests were ever made young man from Chicago, IL, Emmett great poet/songwriter Bob Dylan had in as many as 27 racial killings in that Till. They gouged out his eyes, they the following lyrics: location. shot him in the head, they tied a large Florida finally passed the Nation’s If you can’t speak out against this kind of metal fan around his neck with barbed first compensation for Blacks who suf- thing, wire, and they threw his mangled, dead a crime that’s so unjust, fered from those past racial injustices. body into the Tallahatchie River. your eyes are filled with dead men’s dirt, It was all directed back to the mas- A few days later, his broken and your mind is filled with dust. sacres that had occurred at Rosewood, bloated body was found floating in the Today, 50 years after Emmett Till’s FL. The 1994 Florida Legislature passed river. Emmett Till was returned to his brutal murder, the Senate will for- the Rosewood Claims Bill to com- mother in Chicago in a coffin. On Sep- mally and officially offer apologies to pensate victims for loss of property as tember 3, 1955, Mamie Till held a his- not just the families of Emmett Till a result of the failure to prosecute toric funeral for her son at Roberts but the nearly 4,800 other Americans those individuals responsible. I felt as a Temple Church of God in Chicago. She who died at the hands of lynch mobs in Floridian that this acknowledgement our country, in this great Nation of was long overdue, and it made me did a courageous thing: She directed America, between 1882 and 1968. We proud to see, at long last, that we ad- that the casket remain open so that ev- dressed the tragedy of Rosewood. eryone could see what hatred and rac- offer our apologies as well to the Now, as a Member of the Senate, I be- ism had done to her little boy. countless millions of Americans who lieve this resolution we are passing to- Tens of thousands of Chicagoans were forced to live with the fear that night is long overdue. In being proud of came to say goodbye to 14-year-old Em- they could be the next victim. this event, I am also humbled to stand mett Till, a young man who just a few Emmett Till’s cousin, Simeon up as a Member of the Senate and to weeks before got on that train to visit Wright, was lying next to Emmett the personally apologize for the Senate’s his family in Mississippi. News cov- night he was kidnapped and lynched. failure to act—a failure to outlaw bar- erage of that funeral reached millions Simeon Wright is with us today. Doria baric acts such as lynchings and racial more around the world. Jet Magazine Johnson, from Evanston, IL, also is massacres. made a historic decision: They decided with us today. Her grandfather, An- I am proud, too, that we can today to print actual photographs of Emmett thony Crawford, was lynched by a reaffirm that we are a nation of laws Till’s mutilated body lying in the cas- White mob in Abbeville, SC, in 1916. He designed to protect the freedom and ket and cover his funeral. The decision was beaten, hanged, and shot more liberty of all Americans—all Ameri- by that magazine and the publicity than 200 times. What kind of offense cans—regardless of race. that came with Emmett Till’s tragic would merit that kind of punishment? Mr. President, I yield the floor. death changed people across America. I What had Anthony Crawford done? An- Mr. DURBIN. Mr. President, this is cannot tell you how many African thony Crawford, in 1916, in South Caro- an issue that will be considered by the Americans I have met who said that lina, a Black man, got into an argu- Senate later this evening, an issue of the world changed after the murder of ment with a White man over the price historic importance. It will be an offi- Emmett Till. They came to realize that of cotton seed at a store. cial apology by the Senate for the Sen- what happened to him should not be al- To them and to all who lost a loved ate’s failure to protect victims of lowed to happen in America. one to lynching and to those who lost lynching in America. One of my favorite friends in Con- a piece of their own childhood and Fifty years ago, on August 20, 1955, a gress, one of my heroes of all time, is their own sense of security, we say Chicago woman named Mamie Till a man named JOHN LEWIS. He rep- today formally and officially in the

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12277 Senate that we were wrong—wrong for side of the South in places such as before his father died. The hands on failing to protect them, wrong because downstate Cairo,’’ IL. That is an im- that watch stopped when Emmitt Till we never said we were sorry. portant point. Lynching was not just a was tortured and murdered. The murders of Emmett Till and An- southern shame, it was an American Much has changed in the 50 years thony Crawford are among those docu- shame. While most lynchings occurred since Emmitt Till died, but some small mented in a groundbreaking book and in the South, they also happened in the part of America’s soul has always re- museum exhibit called ‘‘Without Sanc- North. mained frozen in that time because of tuary: Lynching Photography in Amer- I commend Senators MARY LANDRIEU our failure to formally acknowledge ica.’’ The exhibit has traveled all over and GEORGE ALLEN for authoring this that what happened was wrong. By the United States and opened just last resolution and working so hard to have apologizing to the victims of lynch- week at the Chicago Historical Soci- the Senate take it up and right this ing—and by having the courage to pro- ety. historical wrong. It is my hope the tect the victims of hate crimes today— Mr. President, just a few days ago, Senate will match the words of this we can reclaim that piece of our soul the Chicago Sun-Times did an editorial resolution with action. It is not enough and move forward in time as one Na- on this issue of lynching and this ex- to apologize for the failure of our pred- tion indivisible. hibit. I ask unanimous consent that ecessors to protect their fellow citizens Mr. LEVIN. Mr. President, the oppor- tunity has finally come to make the the editorial be printed in the RECORD. from violent prejudice. We have a re- There being no objection, the mate- sponsibility to protect those who are record right—to begin to balance what rial was ordered to be printed in the targets of today’s hate crimes as well. has been an imbalance. We have come to this floor to apologize for the silence RECORD, as follows: Senator TED KENNEDY, a Democrat, of the U.S. Senate regarding the lynch- [From the Chicago Sun-Times, June 12, 2005] and Senator GORDON SMITH, a Repub- ing of our fellow Americans, primarily EXHIBIT OF LYNCHING PHOTOS SHOWS EVIL WE lican, have been trying for years to persuade Congress to pass a new, African Americans. MUST REMEMBER Tonight, we begin to redress the stronger Federal hate crimes bill. Year The Chicago Historical Society’s ‘‘Without lynching madness that swept our coun- after year, they have met with resist- Sanctuary: Lynching Photography In Amer- try from the 1880s and which continued ica’’ seems an unlikely exhibition to launch ance. unchecked through the 1950s, and even in a Northern city. But the link between Chi- Listen to the arguments of those who as recently as the 1960s. It is estimated cago and ‘‘murder by a mob of an individual oppose a stronger hate crimes bill that nearly 5,000 Americans were outside the confines of the legal system,’’ a today, and you hear the same argu- lynched during this time. African definition that comes halfway through the ments that were made against a Fed- exhibit, is long-standing. It has been 50 years Americans were strung up from trees, eral antilynching bill decades ago. The since Chicagoan Emmett Till was lynched in burned at the stake, mutilated in the names have changed, the arguments Mississippi. That case is still with us. town square for all to see. Those who Till’s murder, for allegedly whistling at a and the excuses are the same. committed such atrocities went with- They say we in Congress cannot pass white woman, shocked an entire nation and out punishment. Justice was not only sparked the civil rights movement in the a strong hate crimes bill because it will denied, it was ignored, abdicated, and North, but lynching had gone on for decades. infringe on States rights or because the overthrown. Journalist Ida Wells-Barnett was crusading Constitution does not give Congress ex- against it in 1892 when three successful black The victims were not just those who plicit authority to pass such a law. were killed. A lynching is not only a businessmen were lynched. Through her fear- Listen to what a Member of the less reporting, Barnett established that heinous and savage act against one per- lynching was not the white man’s response House of Representatives, James son; it is an act of violence against the to a black man’s abuse of white women, but Woods of Virginia, said in 1922: rights of an entire community. Its vic- that most lynchings were caused by ‘‘eco- This bill, commonly known as the ‘‘anti- tims are everyone who hears its hateful nomic competition and racial hatred.’’ lynching bill’’ would be described more accu- message. In 1893, Barnett stood outside the Chicago rately if designated—from the standpoint of Ida B. Wells-Barnett explained well World’s Fair and protested the exclusion of its effects rather than from its purpose—as a African Americans, while handing out copies ‘‘bill to override the Constitution of the the nature of lynching in America. of her pamphlet: ‘‘Southern Horrors: Lynch United States, to foment race hatred, and to Born in Mississippi a few months be- Law in All Its Phases.’’ Still, except for pro- revive sectional animosity.’’ If it were pos- fore the signing of the Emancipation test art such as Claude McKay’s ‘‘The sible to put an end to lynching by a lawful Proclamation, Ida Wells-Barnett was Lynching’’ and Billie Holiday’s ‘‘Strange act of Congress, none would support such the editor and co-owner of a Black Fruit,’’ the sadistic killing of black Ameri- legislation more earnestly than we of the newspaper called ‘‘The Free Speech and cans has mostly been hidden from America’s South. Headlight.’’ In 1900, she wrote: mainstream. The Constitution does not say any- Our country’s national crime is lynching. The Chicago Historical Society’s exhibit thing explicitly about the Civil Rights It is not the creature of an hour, the sudden will change that. And it strikes us as fitting Act, which the Senate passed 41 years outburst of uncontrolled fury, or the un- that photographs and documents, many of ago, or the Voting Rights Act, which speakable brutality of an insane mob. It rep- which are on loan from private collections, resents the cool, calculating deliberation of have ended up here. Although the re-opening turns 40 today. There always will be political voices that will find excuses intelligent people who openly avow that of the Till murder case has sparked new in- there is an ‘‘unwritten law’’ that justifies terest in this subject, many young to delay acting on the moral challenges them in putting human beings to death with- Chicagoans probably do not know how wide- of our time. out complaint under oath, without trial by spread this crime was or that it occurred Finding the moral courage to deal jury, without opportunity to make defense, outside of the South in places such as with those challenges in our own time and without right of appeal. Downstate Cairo. is the real test of leadership. What is it ‘‘No part of the nation was immune,’’ as Lynching was an attack on the rule the exhibit recalls with a quotation from we are doing or failing to do today that of law itself, and yet the U.S. Senate W.E.B. Du Bois. ‘‘We must remember because would lead the Senate 50 years from did not act against it. Antilynching if the world forgets evil, evil is reborn.’’ now to apologize? That is the question. legislation was called for by seven U.S. The 53 images of lynchings that took place I hope Congress will pass the Ken- Presidents. The House of Representa- between 1870 and 1961 constitute a shocking nedy-Smith hate crimes bill as tan- tives passed three antilynching bills. testament to America’s shame. The lynching gible proof to the victims of lynching This body passed none, though many exhibition runs through Dec. 4. Don’t miss it. that we will never again withhold our were introduced. Mr. DURBIN. Mr. President, this edi- protection when Americans are per- In 1935, Senator Edward Costigan torial from the Chicago Sun-Times secuted and killed simply for being spoke in favor of an antilynching bill urges people to attend the exhibit and who they are. he had introduced with Senator Robert notes that ‘‘many young Chicagoans When Mamie Till put her son on that Wagner. Having made a careful yet pas- probably do not know how widespread train for Mississippi, he was wearing a sionate argument for his proposed leg- this crime was or that it occurred out- watch he had been given by his father islation, Senator Costigan concluded:

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12278 CONGRESSIONAL RECORD—SENATE June 13, 2005 If one can mention, much less picture such this important resolution. I commend The vast majority of victims were Af- appalling facts as I have recited without my friends and colleagues, Senator rican Americans who were killed solely being revolted, he is indeed hardened out of LANDRIEU and Senator ALLEN, for their because of their race. In the year 1892 all semblance to humanity. They destroy our claim to civilized life. They must not be per- leadership on this important issue. alone, 230 persons were lynched—at mitted to multiply. Every repetition of mob It is difficult to address this subject least one victim every other day. We brutality denies its victims the right of without noting the shameful record of must never forget that injustice. Many speedy and impartial trial and the equal pro- Senate inaction on the issue of lynch- whites also fell victim to this bru- tection of laws guaranteed by the Constitu- ing. As noted in the text of the resolu- tality, singled out for their religion or tion. No man can be permitted to usurp the tion, 4,742 people were lynched in the ethnicity, their refusal to accept the combined functions of judge, jury, and exe- United States between 1882 and 1968. racial hierarchy, or other reasons. cutioner of his fellow men; and whenever any During that time, 7 U.S. Presidents state fails to protect such equal rights, I sub- Lynching was devastating to African mit that the federal government must do its pushed for Congressional action on American communities. It struck fear utmost to repair the damage which is then what had succeeded slavery as the ulti- into the hearts and minds of African chargeable to us all. mate expression of racism. Between Americans, who knew they could be Faced with both the opportunity and 1920 and 1940, the House of Representa- killed at any time for the most trivial the responsibility to act, the Senate tives passed strong antilynching meas- of offenses or for no offense at all. simply failed. That failure is a perma- ures on three different occasions. Year after year, the Federal Govern- nent stain on this body, and we are not Sadly, the Senate failed to do its duty ment and State and local governments trying to wipe it away. We only hope to enable antilynching legislation to be failed to respond effectively to the dan- that acknowledging it will allow for enacted, thus allowing this despicable, ger. The perpetrators had little reason some national healing. murderous practice to continue. to fear that they would be prosecuted To the families of victims of lynch- This Senate Resolution is long, long or convicted. In some cases, scheduled ing who sit in the Senate Gallery to- overdue. As we all know, the Senate lynchings were announced in news- night, let me offer my personal sorrow has a basic Federal responsibility to papers beforehand, demonstrating the over the injustice you have suffered. I provide protection to those in need. unwillingness of local law enforcement hope our action today will bring you While our predecessors failed in that to intervene. Photos of lynchings show some comfort, though it cannot ease regard, we have an opportunity today onlookers grinning at the camera. The your loss. to begin healing the wounds that this failure of local authorities to prevent As the ranking member of the Armed body’s failures have inflicted upon the these atrocities dehumanized, demor- Services Committee, I also want to say African American community for so alized, and terrorized black Americans. a special word about the members of many years. When the 370,000 African-American the American Armed Forces who were The apology we issue today comes soldiers who served in World War I re- lynched in the country they had de- too late for the thousands of Ameri- turned home, many believed that they fended. Following both World War I cans brutally slain in this abhorrent had earned the equality they had pre- and World War II, returning soldiers manner. Hopefully, by our acknowledg- viously been denied. Their hopes soon were lynched, many while still wearing ment of wrongdoing, and our sincere turned to frustration, as the discrimi- their military uniforms. It is difficult apology, we can bring some solace to nation of the pre-war years was re- the family members who still recall— to imagine a more unjust situation. newed and reinvigorated. Even newly all too vividly—the horror of having a There would be no new respect for discharged soldiers were lynched, still these brave African Americans who had loved one murdered by lynching. We must never forget the thousands wearing their uniforms. fought for our country, only the old Lynching was more than isolated of men, women and children who were order of injustice and hate. acts of brutality. It was vigilante mob Mr. President, it is easy for the Sen- deprived of life, human dignity, and the murder that became systemic, ritual- ate to apologize now. This is not a Constitutional protections that are to ized and condoned by a racist society. tough decision, only a somber one. But be accorded all U.S. citizens, We have a It became a cruel weapon of white su- there are still tough decisions ahead. responsibility—to all Americans—to premacy which took the lives of many While we cannot bring justice to those ensure that the tragedy of lynching, African Americans and terrorized who were lynched, we can continue to and this body’s failure to address it, whole communities. Along with Jim bring about the just society that was will neither be forgotten, nor repeated. Crow laws, segregated schools and dis- mocked and shredded by acts of lynch- Mr. KENNEDY. Mr. President, I join ing. my colleagues in condemning the mal lack of property rights, lynching In that spirit, I hope that today is shameful role of lynching in the Na- was used as an organized weapon of op- part of a larger effort toward racial tion’s history and the decades of re- pression that denied the fundamental reconciliation and justice. We can con- fusal by the Nation, especially the rights of tens of millions of African tinue by honoring the Tuskegee Air- United States Senate, to act against it. Americans. As W.E.B. DuBois stated, men with the Congressional Gold I commend my colleagues Senator the things that ‘‘the white South Medal for their contributions to our LANDRIEU of Louisiana and Senator feared more than Negro dishonesty, ig- Nation’s defense and to its progress, as ALLEN of Virginia for bringing this im- norance and incompetency, [were] proposed in bipartisan legislation, S. portant issue before the Senate floor Negro honesty, knowledge, and effi- 392, introduced on February 16, 2005. and taking this long overdue action. ciency.’’ Lynching was part of an orga- And we can make progress on so many And I thank the family members of the nized attempt to oppress African- vital issues—education, health care, victims of lynching, many of whom American communities and exclude jobs—that would improve the lives of traveled great distances to be here them from the American dream. African Americans and all Americans. today. In 1900, African-American Congress- We have moved past lynching, but we The history of lynching is a stain on man George White introduced the first have not reached justice. I hope we will the Nation’s past. Over 4,700 persons antilynching bill, only to see it die in not fail to act. were lynched in the United States from committee. Brave men and women like In closing, I would like to thank my the 1880s to the 1960s. Ida B. Wells, W.E.B. DuBois, and others able colleagues, Senator MARY LAN- These lynchings involved acts of un- in the NAACP, lobbied tirelessly for DRIEU and Senator GEORGE ALLEN, for speakable cruelty. Many victims were Federal antilynching legislation in the their diligence and leadership in bring- shot, burned or hanged. Some of the first half of the twentieth century. ing this healing resolution, which I was victims were accused of criminal of- Their efforts succeeded in the House of pleased to cosponsor, before the U.S. fenses, while others were attacked be- Representatives, which passed such Senate. cause of something they said or be- legislation three times between 1922 Mr. MCCAIN. Mr. President, I am cause they were in the wrong place at and 1940. Each time, however, the legis- proud to be an original cosponsor of the wrong time. lation died in the Senate.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12279 In 1945, President Truman proposed a changes elementary education under this terrible crime to resolve their new antilynching bill, to make lynch- the Act by $12 billion—for a total def- frustration that Government authori- ing a crime under Federal law. His pro- icit of $39 billion since the school re- ties did not do more to stop it. If this posal never made it out of the Senate form law was first enacted. The No resolution helps people deal with the Judiciary Committee. Child Left Behind Act is already leav- past so that they can move on to the We cannot undo the Senate’s past ing 3 million children behind. future, it is a worthwhile statement to failures to act against lynching. But In fact, the President’s proposed make. we can and must do all we can to erase budget contains the first absolute re- Having said that, I am aware of con- its bitter legacy. duction for education in a decade. It cerns that have been raised about pos- Today, there is strong need to has a cumulative cut of $40 billion for sible ‘‘next steps’’ based on the Sen- strengthen laws against hate crimes education over the next 5 years. One ate’s action on S. Res. 39. Let me just and other violence motivated by big- out of every three programs eliminated say that this resolution should not be otry. As the Supreme Court has stated, by the President is a program in the interpreted—at least so far as this Sen- bias-motivated violence is ‘‘more like- Department of Education. ator is concerned—as any kind of an ly to provoke retaliatory crimes, in- We should also be doing more to fund endorsement for some claim of com- flict distinct emotional harms on their opportunities for college. We know pensation based on any action or inac- victims, and incite community un- that African Americans are only half tion of the Federal Government. rest.’’ Like acts of terrorism, hate as likely as Whites to earn a college In fact, what brings me to the floor is crimes have an impact far greater than degree. The current annual unmet need a concern that the actions of a par- the impact suffered by individual vic- of a typical undergraduate now aver- ticular Senator long ago may be sub- tims; they are crimes against entire ages $5,800. It is more important than jected to unfair, revisionist criticism communities and against the whole Na- ever to increase grant aid. Yet the from our perspective today. The Sen- tion. Whether based on prejudice Bush administration has proposed only ator in question is my predecessor, against the victim’s race, religion, eth- a $500 increase in the maximum Pell known as ‘‘the Lion of Idaho,’’ William nic background, gender, disability, or grant this year. Borah. sexual orientation, hate crimes are The budget also reduces a number of Senator Borah was one of the leaders modern-day lynchings which threaten important programs to help African of the Senate in blocking consideration not just individuals, but our entire so- Americans, while preserving tax cuts of the anti-lynching legislation. I think cial and political order. for the rich and powerful. It proposes a it is important for the record to show My colleague, Senator SMITH and I 5-year freeze on child care funding, that whatever motives others may have introduced bipartisan legislation which will reduce the number of low- have had at the time for blocking this to strengthen our laws against hate income children receiving this assist- legislation, William Borah offered con- crimes, and I urge all of our colleagues ance by 300,000 in 2009. The budget also vincing justifications for his position to support it. That bill passed the Sen- cuts $10 billion over 5 years from Med- rooted in serious constitutional and ate last year and died in the House. We icaid, the program that provides basic policy concerns. will not give up until it becomes law. health care for the poor. This is the conclusion I have drawn As each of us knows, the past has As we review our legislative prior- from considerable historical research consequences for the present, and past ities, we cannot forget that we have a of the debates of the time, which has acts of lynching over many decades special duty to address the malignant been condensed into a report by a tal- contributed substantially to the dis- disparities created by long-standing ra- ented law student, David Palmer, who parities between African American and cial bigotry in this country—of which served as my law clerk earlier this Whites. We cannot undo that history, lynching was the most vicious example year. I am going to ask that this report but if we are sincere in our apology but far from the only example. be printed in the RECORD so that all my today, we must match our words with It’s fitting that we enact this apol- colleagues can review it. It is an ab- deeds and work harder together to ogy today, the first day of the long sorbing read, and I think it supports close the gaps. overdue trial for the brutal lynching of the conclusion that Senator Borah At the beginning of this year, mem- civil rights workers James Chaney, An- made a principled stand at the time. bers of the Congressional Black Caucus drew Goodman, and Michael Schwerner I ask unanimous consent that the re- put forward a plan for doing so, and we in 1964. Those murders, 41 years ago port of David Palmer concerning Wil- should work to implement it as one of this month, took the lives of three liam Borah’s arguments against Senate the most important issues before us in young men whose only offense was at- action be printed in the RECORD fol- this Congress. tempting to register African Ameri- lowing my statement. We need to do more to ensure the job cans to vote in Mississippi, and it There being no objection, the mate- security of African Americans, whose shows how deeply rooted racial vio- rial was ordered to be printed in the unemployment rate is 10.1 percent—al- lence once was in American life. All of RECORD, as follows: most double the national average and us hope that the prosecution now tak- To: Senator Craig more than double the unemployment ing place in that case, like the Senate Fr: David Palmer rate of Whites. apology today, can begin to heal these Re: William Borah’s arguments against Sen- Thirty-four percent of African Amer- bitter wounds of injustice that the na- ate anti-lynching bills in the 1920’s & ican children live in poverty, nearly tion still feels because of the sordid 1930’s double the national average. We know legacy of lynching. William Borah spoke out in opposition to that education is the key to oppor- I look forward to working with my the anti-lynching bills presented to the Sen- tunity and a better life, and we should ate on several occasions during the 1920s and colleagues to achieve the great goal of 1930s. He did this primarily for two reasons: be doing more to improve education at genuine equal opportunity for all our first, Senator Borah felt that such a bill rep- every level. We need to do more to help citizens. May the passage of this reso- resented an unconstitutional exercise of fed- the youngest children in American— lution mark a new beginning of race re- eral rights in the realm of criminal law (an and the earlier, the better. Head Start lations in America. area which had previously been reserved for has a 30-year track record of achieve- Mr. CRAIG. Mr. President, I rise to the states); second—to a lesser degree—Sen- ment in preparing children for kinder- clarify the record concerning my sup- ator Borah argued that even if such a bill garten. It makes an enormous dif- port for the resolution before us today. were constitutional, it would be an ineffec- ference for 300,000 young African Amer- I chose to cosponsor this resolution tive law meant largely to penalize the South. Combining these rationales, and noting that ican children. because of my abhorrence for the crime lynching was a relatively infrequent crime of We must meet our promise of fully of lynching. I have been told that the increasing rarity with each passing year, he funding the No Child Left Behind Act. passage of this resolution will enable argued that the tremendous costs to state The President’s proposed budget short- people whose families were affected by sovereignty through federal intrusion in this

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12280 CONGRESSIONAL RECORD—SENATE June 13, 2005 matter would be much more dangerous to anti-lynching bill was really a sectional bill ment to sue the states (through their coun- the good of all than any uncertain benefits aimed at punishing the south while exempt- ties) in situations where no official state that might come through passing such a bill. ing the northern states for their own law en- conduct had occurred. 83 Congr. Rec. 1, 141 In short, Senator Borah was not a racist; forcement failures. Id. at 8753. (1938). This, Borah argued (citing several Su- rather, he was a man of deep commitment to Finally, in 1938 Senator Borah cited sev- preme Court decisions for this proposition), this nation’s federalist system, and this eral Supreme Court cases for the proposition is constitutionally impermissible. 83 Congr. memo will present his respective constitu- that the 14th Amendment was not designed Rec. 2, 1494 (1938). tional and policy arguments against the to transfer any power from the states to the C. BORAH’S MISCELLANEOUS CONSTITUTIONAL anti-lynching bills of his day. Federal Government for protecting the lives, ARGUMENTS liberty and property of a particular state’s 1. WILLIAM BORAH’S CONSTITUTIONAL ARGU- In addition to the constitutional argu- MENTS AGAINST THE ANTI-LYNCHING BILLS citizens. 83 Congr. Rec. 2, 1492 (1938). Borah concluded his 14th Amendment arguments by ments already discussed, William Borah in- Senator Borah felt that there were a num- stating that the only way a state could be cluded two other, albeit less-emphasized, ber of constitutional infirmities with the liable under that amendment—in this area of legal objections to the anti-lynching bills in anti-lynching bills he faced, although they the law—is if it were to not pass laws pro- his speeches. One such argument was an ob- all revolved around his firm belief in states’ tecting its citizens from lynching. Id. at 1495. jection to the trigger of Federal intervention rights as a centerpiece of the entire govern- Because the states had done that, and given under these bills: when only one man com- ment. His constitutional problems with the that the framers of the 14th Amendment mitted a lynching, it did not allow Federal various anti-lynching bills, as well as his (and the Supreme Court) had rejected the jurisdiction; rather, it required the actions reasons for championing state sovereignty so idea that the amendment transferred any of a group of people, and thus ‘‘the Constitu- strongly, are detailed below. power to the Federal Government for enforc- tion is being made subject to construction in A. BORAH: THE FOURTEENTH AMENDMENT IS NOT ing the criminal law, Senator Borah strongly accordance with the number of persons AN ACCEPTABLE CONSTITUTIONAL BASIS FOR opposed using the 14th Amendment as a basis present when the crime takes place.’’ 79 ANTI-LYNCHING BILLS for the antilynching bills. Congr. Rec. 6, 6677 (1935). Borah concluded this argument by saying that the act should To put Senator Borah’s arguments in con- B. BORAH: MC CULLOCH V. MARYLAND be rejected because ‘‘we certainly have not text, the proponents of the anti-lynching PRECLUDES THE ANTI-LYNCHING BILLS one Constitution for a half dozen and an- bills typically based their opinion that such Senator Borah attacked the 1938 anti- other Constitution for an individual.’’ Id. at bills were constitutional on two grounds: lynching bill on an additional ground: it 6504. first, that the Federal Government must would have allowed the Federal Government Another point that Borah made regarding guarantee a republican form of government to bring suit on behalf of an individual the constitutionality of the anti-lynching to all citizens; second, that the 14th Amend- against a division of a state (a county) if the bills dovetails with his McCulloch arguments. ment’s equal protection clause allowed for officials of the division had not enforced He posed a question on the floor which im- federal action in the face of state failure to anti-lynching laws. Borah noted that this plied that the particular anti-lynching bill prosecute lynchings. 79 Congo Rec. 6, 6524 ability for one sovereign to bring suit before the Senate would create a cause of ac- (1935). Borah felt that the first point was against another sovereign was precluded by a tion for an individual against a county (and ‘‘utterly irrelevant’’ (id.), and apparently so continuous line of Supreme Court cases be- therefore a state), thus allowing an indi- did his debating opponents, as almost all the ginning in 1819 with McCulloch v. Maryland, vidual to sue a state—which is explicitly constitutional debates Borah participated in 17 U.S. 316. Id. at 1490. barred by the 11th Amendment. 83 Congr. dealt with aspects of the 14th Amendment. Senator Borah began this argument by Rec. 1, 965 (1938). While the senator to whom Regarding the 14th Amendment, Borah pointing out that McCulloch held the ability Borah asked this question replied that the consistently argued that any attempt to of one sovereign to tax another is the ability suit technically was to be brought in the apply the amendment to the actions of indi- to destroy it, and this therefore is not con- name of the United States Government on viduals by the Federal Government should be stitutionally permissible. He further argued behalf of an individual, it is clear that this rejected, as the amendment’s framers spe- that the ability of one sovereign to bring question was designed to cover Senator Bor- cifically rejected this idea. Id. at 6362. The suit against another is an equivalent power, ah’s bases. In other words, if the suit was un- anti-lynching bills invariably allowed the and therefore it is unconstitutional on that dertaken by the United States against a Federal Government to step in at some point ground as well. Finally, in response to an- state, then the McCulloch reasoning would to prosecute the perpetrators of a lynching if other senator’s argument, Borah went apply to make it unconstitutional; alter- a state had not done its law-enforcement job, through a detailed list of how the Supreme natively, if the action was undertaken by an thus mandating federal intrusion into law Court had repeatedly issued decisions sup- individual, the 11th Amendment would enforcement against individual action which porting his view (even in the cases decided apply. In either case the act would be uncon- was not undertaken by the states. Borah ar- since the passage of the 14th Amendment). stitutional. gued that this simply cannot be justified Id. at 1491. under the 14th Amendment, as such a capac- There are three key points Borah made in D. BORAH: THE ANTI-LYNCHING BILLS WOULD ity for law enforcement by the Federal Gov- support of this McCulloch argument. First, DESTROY ESSENTIAL STATES’ RIGHTS ernment (against individuals not acting as he pointed out that the anti-lynching bill Near the conclusion of William Borah’s official representatives of a state) was ex- would have allowed the Federal Government final speech regarding the anti-lynching plicitly rejected by those who originally to sue counties on behalf of individuals, and bills, he summarized his position by stating passed the 14th Amendment. Id. these suits against counties would constitute that his only interest in opposing these bills In a later debate (in 1937), Borah similarly direct interference by the Federal Govern- was in preserving the integrity of the State. argued that the 14th Amendment contains no ment with the power of states over their To him, the state was and remained ‘‘the clause whatsoever allowing the Federal Gov- counties. Numerous Supreme Court decisions fountain source of the people’s power in the ernment to go into a state and establish civil have disallowed such actions because of their Government; and when that is destroyed, liability for damages between citizens of the impingement on state sovereignty. Id. at democratic government is at an end.’’ 83 state, or between citizens and a subdivision 1492. Congr. Rec. 2, 1496 (1938). Racism did not of a state (as would have been allowed in Second, Borah argued that suing counties enter that consideration, as his words and that year’s bill). He further argued that this was the same thing as suing states (an idea actions reveal a man of great devotion to the anti-lynching bill was such a new propo- supported by numerous Supreme Court deci- ideals of our federal system. Moreover, given sition—constitutionally speaking—that the sions), and states could never consent to be the complete lack of a constitutional basis people of the United States should be con- sued by another sovereign (at most they for any federal anti-lynching law, Borah felt sulted in the form of passing this bill as a could consent to be sued by their citizens). that such a measure would constitute a constitutional amendment. Borah feared Id. at 1493. naked intrusion by the Federal Government that it would ultimately result in the Last, he argued that states cannot be into state sovereignty. Furthermore, while ‘‘elimination of the states.’’ 81 Congr. Rec. found liable for the actions of their employ- Senator Borah repeatedly said that he had 8,8746–8 (1937). ees when those employees are not acting in great respect for what the senators backing Additionally, Borah argued that if our na- an official capacity. As states already had the anti-lynching bills were trying to do, he tion were really concerned about the equal anti-lynching laws on their books, Borah ar- also could not allow any such bill to pass out protection of the law being enforced where it gued that any lack of enforcement by state of the Senate in order to have its constitu- is needed, then the 1937 bill should not have officials of those state laws indicated that tionality ruled on by the Supreme Court (as exempted violence due to ‘‘gangsterism’’ and county officials were not acting in an official several senators had suggested as a course of racketeering. This was the area in which he capacity during the dereliction of their re- action) without ‘‘stultifying’’ his own con- felt that most states had truly failed to en- sponsibilities. Therefore, to allow the Fed- victions. 79 Congr. Rec. 6, 6673–4 (1935). If the force the law. Instead, the exemption rein- eral Government to take action against law were to be somehow found constitutional forced in Senator Borah’s mind that the those officials would be to allow the govern- under an increasingly activist court, Borah

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12281 felt that through this bill the Congress ereignty of the states under an overreaching part evidenced both by the economic would ‘‘have utterly annihilated all State Supreme Court. Senator Borah was a deep progress of southern blacks as well as the sovereignty.’’ Id. This was a possibility he believer in states’ rights, his words and ac- lower per capita arrest rate by southern could never support. tions consistently supported that view, and blacks (as compared to northern blacks). He A primary reason Senator Borah so pas- to ascribe racism to him as a motivation is finally stated his belief that nations are held sionately opposed the anti-lynching bills was to both blatantly ignore the historical together by more than just laws; mutual re- that allowing federal intrusion through record as well as demean a man who dedi- spect, confidence and tolerance from one those bills would create a principle of law cated his Senate service to furthering the part of the country to another is essential that he felt would justify further intrusion form of government that would provide the too. Borah feared that passing such a sec- in almost unlimited circumstances. While greatest good for Americans of all races. As tional bill would arouse old problems in the supporters of such bills could argue that the the Senator himself put it (in reference to south that could potentially disrupt national legislation only allowed federal intrusion the final anti-lynching bill put before him): unity. Id. under limited circumstances, the legal prin- ‘‘[t]his, Mr. President, is another com- B. BORAH: THE ANTI-LYNCHING BILLS WILL BE ciple of the matter was of supreme impor- promise with a vital principle of our dual INEFFECTIVE tance to William Borah. He stated ‘‘[i]f the system of government. It is bartering with Another policy argument that Senator Federal Government can send a United the future for the supposed and transient de- Borah advanced against anti-lynching legis- States marshal into the State of Tennessee mands of the present, and at a time when the lation was that it would be ineffective. He to arrest a sheriff because he has failed to present is taking care of the problem. It is first stated this belief in the Congressional protect a colored man from violence, it can, another instance in which our confidence in Record in 1935 when he argued that the legis- under the same principle, send a United our scheme of government is not strong lation would be useless because lynching can States marshal into the State of New York enough to say to all races, all creeds, all only be effectively prevented by educating to arrest a sheriff, or other officer on whom groups, and all factions: Your problems, how- people. 79 Congr. Rec. 6, 6674 (1935). Borah re- the duty is imposed, because he neglected to ever serious, are subordinate to the prin- iterated that same argument in 1938, when protect the life of a citizen against the vio- ciples of this Government, and you must he stated that educating both races ‘‘to un- lence of thugs.’’ 83 Congr. Rec. 1, 141 (1938). work them out within the compass of the derstand their responsibility to society’’ Therefore, while an anti-lynching bill might long-tested and well-accepted principles of would be the best way to end lynching, and only take a limited amount of power from democracy.’’ 83 Congr. Rec. 1, 143 (1938). he also noted that such education was under- the states in the short-term, Senator Borah II. WILLIAM BORAH’S POLICY ARGUMENTS way in the South. 83 Congr. Rec. 1, 139 (1938). was a man who looked at the long-term fu- AGAINST THE ANTI-LYNCHING BILLS Additionally, Borah argued that the actual ture; he saw that any such bill such held enforcement of the federal law would be inef- Although Senator Borah’s opposition to grave implications for the sovereignty of fectual for two reasons. First, he pointed out the anti-lynching bills was primarily based states. Along these lines, he also argued that that the Federal Government is simply in- on his belief that such legislation rep- allowing this level of federal intrusion would capable of enforcing criminal law; he cited resented an unconstitutional infringement indicate the complete displacement of our the federally-controlled District of Columbia on states’ rights, he also opposed the bills as nation’s federalist system. After all, if a and its extraordinary murder and crime rate poor policies. In his view, even if such bills state could not be entrusted exclusively to as his primary example of this ineptness. Id. were constitutional, they would merely re- enforce its own laws, then he felt there was His second reason aligned with his concern sult in an ineffective law that would destruc- no such thing as local government. Id. that this was a sectional bill: Senator Borah tively penalize the South. Given that lynch- Additionally, Senator Borah included in felt that if Congress were to pass a bill that ing was declining each year as a crime, his speeches some powerful language as to the South would interpret as aimed at them, Borah believed that instituting an ineffec- why he felt so strongly about protecting then it would be completely unrealistic to tive—and potentially damaging—bill to stop states’ rights. In one speech, he explained expect southerners—even those employed by a disappearing crime was simply not worth that the experiences uniquely gained in local the Federal Government—to enforce the the price to be paid in greatly eroded state government shaped the political views of the anti-lynching laws to any greater degree sovereignty. This section will detail William founders of this nation. 83 Congr. Rec. 2, 1496 than the state anti-lynching laws. He firmly Borah’s beliefs that creating federal anti- (1938). In another debate, he explained that believed that laws could not be enforced lynching laws would be poor national pol- in 1922 he opposed, in committee, the Dyer without being backed by public opinion. Id. icy—even if they were somehow deemed con- anti-lynching bill in part because he was C. BORAH: LYNCHING IS DISAPPEARING AS A stitutional. convinced that it is not sound national pol- PROBLEM IN THE UNITED STATES icy ‘‘to remove responsibility from the dif- A. BORAH: THE ANTI-LYNCHING BILLS ARE A final policy argument that Senator ferent local governments of the communities POTENTIALLY HARMFUL SECTIONAL MEASURES Borah made against anti-lynching laws is for the enforcement of the law. In the long In an extended speech given in 1938, Sen- that it was a disappearing crime. In 1937 he run that results in breaking down all sense ator Borah assumed, for purposes of arguing offered the statistic that 40,000,000 Ameri- of duty upon the part of the citizen.’’ 79 the wisdom of adopting such a policy, that cans were living in poverty to support Sen- Congr. Rec. 6, 6673–74 (1935). the anti-lynching bill before the Senate was ator Pepper’s argument that the Senate Moreover, this opposition to encroaching constitutional. He then attacked the poten- should be dealing with the problems of the federal power is consistent with Senator Bor- tial law on several grounds, beginning with nation’s poor instead of ‘‘debating an anti- ah’s views on other New Deal legislation as his belief that the bill was nothing more lynching bill, when the total toll of lynching detracting from state sovereignty. Regarding than a sectional measure aimed at the last year, I think, was about 11, one of the such legislation he went on record as stating South. 83 Congr. Rec. 1, 138–9 (1938). By sec- minor categories of crime, nationally speak- that ‘‘we can only have a great Federal tional measure, Borah meant that he be- ing, in the United States.’’ 82 Congr. Rec. 1, Union by having great individual sovereign lieved this legislative measure to be based on 158 (1937). One year later Borah argued that States.’’ Id. Concerning all of these measures the same idea that inspired so much of lynching had dramatically decreased in the (including the anti-lynching bill), Borah ex- northern policy towards the South during United States since 1918, and it had almost pressed his heartfelt feeling that ‘‘there is Reconstruction: a desire to punish the area disappeared in many states by 1938. Given nothing in all the realm of government more because the southerners were incapable of the extremely small number of lynchings in essential to the happiness and well-being of self-government. Id. Although the senator the two years prior to the introduction of the American people than the right of local did not offer in his 1938 speech a great the 1938 anti-lynching bill (combined with self-government,’’ and the increased power amount of evidence as to why this was a sec- the national trend towards fewer lynchings by the Federal Government constituted an tional measure, it seems clear from his ear- each year) Senator Borah concluded that ever-growing threat to this happiness and lier speeches regarding the exception of there was not a sufficient problem to justify well-being. Id. ‘‘gangsterism’’ from prosecution that he felt judging the southern states (through passing In sum, Senator Borah felt that states nec- anti-lynching legislation was aimed at a a sectional measure against them) as having essarily had to retain their sovereign powers crime primarily occurring in the South failed in their provision of free government. to make this union a great one. Any detrac- while simultaneously exempting northern 83 Congr. Rec. 1, 140 (1938). tion from that power, particularly one with cities and states from their own law enforce- III. POTENTIAL PROBLEMS WITH WILLIAM such far-reaching principles for federal in- ment failures. BORAH’S STATEMENTS trusion as would be created under this bill, Senator Borah further explained that a Although Senator William Borah’s speech- would be devastating to our federal system. measure aimed at the South would be both es convey the message that his real motiva- Given the complete lack of constitutional undeserved by the region and potentially tion for opposing anti-lynching legislation support for such a bill in his eyes, William harmful to the nation. He felt that the South was based on his concern for state sov- Borah could not in good conscience allow had dealt as well as could possibly be ex- ereignty, he did make one particular com- any of the anti-lynching bills to leave the pected with its ‘‘race problem’’ in the 70 ment that needs to be addressed for its po- Senate and potentially destroy the sov- years since the Civil War, and this was in tential racial offensiveness. In 1938, Borah

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12282 CONGRESSIONAL RECORD—SENATE June 13, 2005 referred to a quotation by Henry W. Grady as and that ‘‘a few lives will be lost if we do not Ms. SNOWE. Mr. President, I rise true, and this quotation described the white pass this measure, . . . which we will all re- today as a cosponsor and strong sup- and black races as two ‘‘utterly dissimilar gret. But many lives were lost to establish porter of S. Res. 39, an apology on be- races on the same soil—with equal political this Government, to establish this dual sys- half of the United States Senate, for its and civil rights—almost equal in numbers tem, and the happiness and contentment of but terribly unequal in intelligence and re- many millions will be lost if we do not pre- inaction during one of this Nation’s sponsibility.’’ Id. at 141. While this quote serve it.’’ 83 Congr. Rec. 2, 1497 (1938). darkest chapters. Today, my colleagues does on its face seem to be an overtly racist Mr. KOHL. Mr. President, I rise and I, through this legislation, offer an comment, there are a few reasons why this today not only to show my support for apology to the victims of lynching, and quote should not be taken as evidence that S. Res. 39 but also to honor the their families and descendants, for the William Borah fought the anti-lynching bills achievements of Dr. James Cameron, Senate’s failure to enact antilynching because he was himself a racist. the oldest living lynching survivor. Dr. legislation throughout the course of The first reason this is so is that following this Nation’s history. Despite the fact this quotation, Borah put what he meant by Cameron moved on from his horrific it in context. As he explained, he felt that no early experience with racial hatred to that, at key junctures in our Nation’s race of people would have the capacity to as- found America’s only Black Holocaust history, the House of Representatives sume full citizenship following years of being Museum. His life story and work are a passed, and the President stood ready enslaved. Id. (Borah then argued that the ef- source of hope and pride for many sur- to sign, Federal law to actively elimi- forts by the South in the years since Recon- vivors of racial violence. nate lynching throughout the country, struction were the best that could be ex- Dr. Cameron was born in LaCrosse, such legislation died in the Senate, as pected given the circumstances of the re- WI, in 1914 and moved to Indiana as a did the many victims of this heinous gion’s past, and therefore the region should crime who might have been saved by not be punished by this sectional bill.) Given teenager. In Indiana, he accompanied his statement that no race could have as- two friends involved in an armed rob- the passage of such law. sumed full citizenship following such treat- bery that turned to rape and murder. Following the Civil War, and as Re- ment, it implies that Borah considered any Though Dr. Cameron ran away well be- construction ended Federal troops lack on the part of the blacks to be a result fore the crime was committed, all withdrew their presence from the of their slavery rather than an innate racial three young men were taken to jail. States that had been in rebellion, defect. While it is not a flattering statement, The Ku Klux Klan stormed that jail on lynching became the most extreme it is not strictly a racist remark; instead, August 7, 1930, hung Dr. Cameron’s two form of racial oppression in the South. Borah does seem to indicate that any race Between 1881 and 1964, at least 4,749 re- under similar conditions would be unequal in friends and beat Dr. Cameron severely. some regards to the enslaving race. Dr. Cameron survived but spent an- ported lynchings took place, with most More important, William Borah’s other other 6 years in jail for crimes he did of the victims being black; all but four speeches all strongly reinforce the point that not commit. States had at least one lynching on his opposition to the anti-lynching bills were Dr. Cameron has never let us forget record. However, 99 percent of the per- purely based on his views of the importance the injustice done to him and to too petrators of these crimes escaped any of state sovereignty. He repeatedly praised many other victims of lynching and punishment, as State and local au- the intentions of his Senate colleagues who other forms of racial violence. After thorities refused to investigate and supported the anti-lynching bills, and none moving back to his home State of Wis- prosecute these cases, and those who of those opponents ever imputed any racist motives to his beliefs. While opposing sen- consin, he founded the Black Holocaust were charged with lynching were regu- ators may have disagreed with his constitu- Museum in Milwaukee. This unique larly acquitted by all-white juries. tional views, there is no record whatsoever museum lays bare our Nation’s violent Unprotected by State authorities, Af- that Borah’s views were not legitimately past of racism and slavery. Dr. Cam- rican-Americans and civil rights held in this and other areas of federal expan- eron’s efforts to shine a light on this groups sought protection from the Fed- sion. To try and read such a motivation into disturbing aspect of our history have eral Government, the same authority the Congressional Record is to engage in re- opened the eyes of thousands to the that rid this Nation of the scourge of visionist history with no basis other than a suffering of African-Americans—not slavery. As a result of the Reconstruc- personal agenda. Any description of William Borah as being racially motivated to oppose only in the age of slavery but also in tion amendments to the Constitution, the anti-lynching legislation ignores all of the decades that followed. As painful as the Federal Government had the ex- the written record in order to manufacture a the exhibits in his museum are to view, press power to pass legislation under preferred reason for the senator’s views. they are a necessary reminder of the the 13th and 14th Amendments to use IV. CONCLUSION costs of racial hatred—and of the apol- the full force of the Federal Govern- Senator William Borah was a passionate ogy we owe to the families torn apart ment’s law enforcement authority to advocate for states’ rights, and this—rather by acts of racial hatred. put an end to lynching. In fact, be- than racism—was the basis for his opposition Because of my great respect for Dr. tween 1890 and 1952, seven Presidents to the anti-lynching bills presented to the Cameron—and because he has opened petitioned Congress to halt lynching, Senate during the 1920s and 1930s. Senator our eyes to the great crimes committed and almost 200 antilynching bills were Borah felt that those bills were unconstitu- by this nation by not ending lynch- introduced in Congress. Most notably, tional for several reasons, and the 14th Amendment was certainly not a sound basis ing—I am cosponsoring S. Res. 39, a on three on three occasions between for them to pass constitutional muster. resolution apologizing to the victims of 1920 and 1940, the House of Representa- Moreover, Borah saw the anti-lynching bills lynching and the descendants of those tives passed strong antilynching bills. as creating a principle that would justify re- victims for the failure of the Senate to And equally as regrettably, all three of peated and destructive federal intrusion into enact antilynching legislation. The these bills died in the United States the state sovereignty that was necessary for history of lynching in America is an Senate. our nation’s well-being. Finally, as lynching atrocious one indeed. Between the That is why I find S. Res. 39 to be en- had dramatically decreased in the United years 1882 and 1968, some 4,700 people tirely appropriate, and frankly long States by the late 1930s, and given the Sen- overdue. This resolution, offered by my ator’s feelings that anti-lynching legislation were lynched. And though, over that would be an ineffective solution to that dis- same period, nearly 200 antilynching colleagues Senator LANDRIEU and Sen- appearing problem (while at the same time bills were proposed, none made it past ator ALLEN, constitutes a formal apol- threatening national unity), William Borah the Senate. ogy by the Senate ‘‘to the victims and strongly believed that passing an anti-lynch- That lack of action is truly a black survivors of lynching for its failure to ing bill would needlessly destroy our na- mark on this institution’s history and enact antlynching legislation.’’ It fur- tion’s federalist system without solving any legacy. An apology cannot erase our ther expresses this Chamber’s sym- problems at all. crimes—but an acknowledgment of the pathy and regret to the descendants of In his final Senate speech against an anti- lynching bill, Senator Borah eloquently con- costs of our inaction is a first step to- these victims. Undoubtedly, a measure cluded by arguing that a loose interpretation ward ensuring we never again let hate of this nature may stand as insignifi- of the 14th Amendment would contribute to and racism run unchecked through our cant when compared to the sad legacy the downfall of our governmental system, great Nation. of men, women, and children dying at

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12283 the hands of racist, bigoted vigilan- cause an apology is surely in order, and This resolution deserves our immediate tism. Yet it is my hope that this reso- I believe Senator LANDRIEU deserves approval, and I hope it provides some lution, which we will pass tonight, will great credit for bringing this impor- comfort to the descendants of the vic- help heal some of the wounds for the tant issue to the Senate’s attention. tims of these horrible crimes. surviving family members of the vic- This public act of contrition is an im- Mr. KYL. Mr. President, it is every tims of lynching. portant gesture today to take responsi- citizen’s duty to know American his- This effort has been a long time com- bility for the civil rights misdeeds of tory. One fact we must reckon with is ing, and I am thankful for the involve- the past. But it is also an opportunity that our experiment in self-government ment of my colleagues, present and for Congress to show the country that began in a compromise with the exist- former, who have taken part in sup- we will not tolerate similar offenses. ence of slavery. As the American exper- porting this effort. I thank the spon- As we pass this resolution, it is fitting iment went forward, protections grant- sors of this resolution, Senators ALLEN to carry this principle to the present ed to slavery in the Constitution—a and LANDRIEU, as well as all other co- and act in kind to prevent civil rights document that never explicitly men- sponsors of this resolution, 60 in num- and human rights abuses occurring tioned slavery—were dismantled. The ber altogether. I also want to thank now in this country and around the cost was great: Brother fought against Janet Langhart Cohen and her hus- world. brother in the Civil War, largely over band, our former colleague and fellow As we pass this resolution, we should whether ‘‘the peculiar institution’’ Mainer Bill Cohen. Their devotion to also recognize that it is long past the would be allowed to thrive in the championing this cause helped to raise time to pass the Local Law Enforce- United States. When, at the end of that my awareness of this issue, and I am ment Enhancement Act, which would terrible conflict, the 13th amendment sure many of my colleagues have simi- strengthen and extend our Federal hate was put in the Constitution, slavery lar feelings. crimes law. The Senate has repeatedly was abolished. For decades after the Civil War, too passed this bill, with 65 votes in the Yet while a pernicious institution many of our fellow Americans suffered last Congress. The Republican leader- was now, thankfully, illegal, its from the murderous actions of lynch- ship in the House, with the acquies- aftereffects were still felt in the former ing bees and the fear and intimidation cence of the Bush White House, has slave States. Postwar reconstruction that accompanied those actions. People killed it. It is fitting that we apologize was supposed to restore the natural of all backgrounds fell victim to lynch for past inaction, but that does not ob- and the civil rights of the former slaves mobs in nearly every State, but this viate the need to solve today’s prob- and their descendents; but State and burden fell especially hard on our fel- lems. local authorities did not enforce those low citizens in the African American By the same token, we should reau- rights. The lynching of African Ameri- community. Needless to say, the Sen- thorize the Voting Rights Act in this cans, and other forms of persecution, ate bears no direct responsibility for Congress and not wait for 2007. We need would persist into the 20th century, to these crimes, nor does this resolution to ensure that this law, one of the most the shame of every decent citizen. suggest anything along those lines. important bills of the 20th century, re- Candidly facing this history is impor- However, the Senate’s sin was one of mains in effect to safeguard the funda- tant. We must not forget the wrongs of omission. At critical junctures in our mental right of all citizens to partici- the past—nor that we have had leaders history, when the tide of the terror pate fully in our democracy. willing to come forward and stand wrought by lynching could have been We should also remember the leading against those wrongs. From the Conti- stemmed by passage of Federal legisla- role this country played in drafting the nental Congress passing the Northwest tion, the Senate single-handedly Universal Declaration of Human Ordinance of 1787, which banned slav- blocked such action. For this inaction, Rights, which was modeled on our own ery in the region northwest of the Ohio at times when this legislative body was Bill of Rights. As the country that, es- River, to the words and deeds of Fred- needed the most, we in the Senate ex- pecially since the Second World War, erick Douglass and Abraham Lincoln, press our heart-felt apology to those has been looked to around the world as to the civil rights movement of the whose suffering could have been avoid- a beacon of hope for victims of arbi- 1960s, brave men and women reaffirmed ed. trary arrest, torture, and the denial of for all of us the principles of human I yield the floor. fundamental freedoms, we need to set a equality and consent of the governed Mr. LEAHY. Mr. President, the reso- far better example than we are today. on which our Nation was founded. lution for consideration today details The atrocities and dehumanizing mis- Lincoln declared: ‘‘Those who deny the Senate’s shameful failure to pass treatment that have occurred in U.S. freedom to others deserve it not for anti-lynching legislation despite sev- military detention facilities in Afghan- themselves, and under a just God, can- eral attempts. Even as seven Presi- istan, Iraq and Guantanamo, are eerily not long retain it.’’ dents called for anti-lynching legisla- reminiscent of some of the despicable I support Senate Resolution 39 in the tion, and the House three times passed acts described in this resolution. In ad- name of honesty and national unity. As such bills, the Senate has steadfastly dition, the continued assistance the ad- Senators representing Americans of all refused to act. ministration is providing to foreign se- colors and creeds, we ought to give due At least 4,749 people were reported curity forces that violate human recognition to past injustices. Even lynched between 1881 and 1964, with the rights, directly contradict the message more importantly, we ought to live vast majority of the victims being Af- we are trying to send with this resolu- today by Lincoln’s dictum. We must rican-American. Shockingly, 99 percent tion. We should not be satisfied with make sure our laws and our practices of the perpetrators of these horrible long overdue apologies. There are seri- always reflect our belief in individual acts escaped punishment from State or ous human rights problems that we worth and equality under the law. This local authorities. need to address today. belief held in common is what has My State was one of only four or five A few years ago, I had the oppor- helped Americans—whatever their States that did not have a lynching tunity to examine the book ‘‘Without race, religion, or background—to suc- during that time. It wasn’t just one or Sanctuary: Lynching Photography in ceed. two States. It was every State in the America,’’ which is referred to in this Mr. FEINGOLD. Mr. President, the Union, every State of the then-48 resolution. The haunting photographs Senate has accomplished some wonder- States with the exception of only four in this book make plain the evil that ful things for this country. But some- or five. lurked in this Nation not very long times this body makes grave mistakes. Even though my State did not have ago, and make it impossible to accept Today, by passing the resolution apolo- any, I cosponsored this resolution be- the fact that the individuals and mobs gizing to the victims of lynching, we cause I believe an apology is in order. that committed these heinous acts by acknowledge one of the gravest. The I have cosponsored this resolution be- and large suffered no consequences. use of the filibuster and other dilatory

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12284 CONGRESSIONAL RECORD—SENATE June 13, 2005 tactics to prevent the enactment of a brings some sense of solace to the de- tury. It was practiced in some 46 law criminalizing lynching is among scendants of victims of lynching. This states. the darkest chapters in the history of was a moment in our nation’s history Mark Twain once termed lynching as the U.S. Senate. This resolution is a that was at odds with the principles an ‘‘epidemic of bloody insanities.’’ small but important step toward help- upon which we were founded, and a mo- Compounding the tragedy of lynching ing us come to terms with the Senate’s ment at odds with our future. When we is that fact that some 99 percent of the disgraceful failure over a period of acknowledge the misdeeds of our past perpetrators of these crimes failed to many years, at the beginning of this and demonstrate a willingness to learn receive any punishment for their ac- century, to protect our citizens. I con- the lessons from those actions, we tions. gratulate Senators LANDRIEU and build upon the many things that unite This resolution cannot make up for ALLEN for their work to bring this res- us all to make our Nation stronger and the Senate’s past failures, but it will olution before the Senate. a better place to live. serve as a statement of remorse from There are few crimes as despicable Mrs. BOXER. Mr. President, today we this body. It has been said that one and contrary to the rule of law as in the Senate are finally apologizing to cannot judge the past through the lens lynching. The practice was born of ha- the descendants of the nearly 5,000 vic- of the present, but lynching should tred, racial or otherwise, and disdain tims of lynching, primarily African have been viewed as a crime in any for our criminal justice institutions. Americans, for our failure to enact time. The Senate, through this legisla- Unfortunately, lynching occurred antilynching legislation. tion, apologizes for its past mistakes, throughout the United States, with Even though the House of Represent- and seeks to redress the failure of this cases documented in all but four atives passed three strong antilynching body to protect Americans from vio- states. From 1881 to 1964, there were measures between 1920 and 1940, the lent and sadistic behavior. 4,749 recorded victims of lynching. Of Senate filibustered all of those meas- No longer will this body permit an these victims, 3,452 were African Amer- ures. This was wrong, and this resolu- ‘‘epidemic of bloody insanities’’ to icans. Worse still, in nearly all cases of tion is long overdue. overtake this Nation. Mr. JEFFORDS. Mr. President, I lynching before 1968, local and state Lynching, a widely acknowledged would like to express my support for law enforcement officials failed to in- practice that continued until the mid- Senate passage of S. Res. 39, a resolu- dle of the 20th century, was a shameful vestigate or prosecute the perpetra- tion of apology for the Senate’s failure chapter in our history. It was mob jus- tors. to pass anti-lynching legislation. An anti-lynching law would have al- tice at its most heinous, motivated by Some may wonder about the need to lowed Federal prosecutors to bring the racial and ethnic hatred. And it was a pass this resolution concerning events perpetrators of lynching to justice. On national problem occurring in all but that occurred decades ago. I believe it three occasions, the House passed anti- four States in our country. is important that light be shown upon, lynching bills, but each time a small While passing this apology is impor- and a discussion occur, about these group of Senators filibustered the pro- tant, it not going to right every wrong. horrific events. As the famous saying posals in the Senate. And it does not absolve us of our re- goes, ‘‘Those who do not know history Although a resolution cannot make sponsibility to continue to work to are doomed to repeat it.’’ There were up for the terrible injustice perpetrated provide justice in American society. almost 5,000 documented cases of mob against the victims of lynching and Justice at the polls for those who are lynching in the United States since the their families, this resolution is, at made to stand in line for hours to exer- Civil War. It is important to note that least, a positive step toward recog- cise their right to vote. many historians believe this number nizing the Senate’s past mistakes. Justice in the schools so that every should be doubled to include the un- There is much more that the Senate child has an equal educational oppor- documented cases that occurred. must do to address continuing racial tunity. Lynchings occurred almost every- injustice in this country. But this reso- Justice in the workplace so that no where in the United States, and were in lution is a worthy effort. I am proud to worker will face discrimination. many cases examples of so-called mob support it, and I am pleased that the Let us use this opportunity not only justice which thwarted the decisions of Senate will pass it tonight. to apologize for a shameful injustice or shortcut the American judicial sys- Mrs. LINCOLN. Mr. President. I rise but to dedicate ourselves to eradi- tem. Despite the national scope of today in support of Senate Resolution cating the remaining injustices in our these events, the Senate refused to 39. society. pass anti-lynching legislation that This resolution acknowledges a dark Mr. HARKIN. Mr. President, I am would provide greater protection to in- period in the history of our Nation and here to speak on the Senate’s need to nocent victims and bring the guilty to the history of this institution. It was a redress a past wrong. For more than 6 justice. time of racial intolerance, hatred and decades, the Senate attempted to pass While we cannot reverse the deci- violence, that took the lives of 4,742 legislation outlawing the terrible act sions made by previous Senates, we can people, mostly African Americans, be- of lynching. And for more than six dec- at the very least, offer our apologies tween 1882 and 1968. It was also a time ades, against the wishes of many Presi- and highlight this shameful period in when this body failed to fulfill its dents and a majority of Congressmen American history. Only by exposing moral and constitutional responsibil- and Senators, a small minority of Sen- these terrible events, discussing how ities to pass significant legislation ators prevented any antilynching legis- they occurred, and learning from them which may have prevented many of lation from passing this body. Three can we hope to avoid repeating them in these deaths. times the House passed bills with se- the future. During this time, there were 284 vic- vere penalties for perpetrators of this Ms. MIKULSKI. Mr. President, today tims of lynching in my home State of crime, and three times companion bills the Senate acknowledges the dark side Arkansas. It was a crime that was doc- failed to garner enough support to stop of our history. We apologize for a ter- umented in over 46 States. To properly a filibuster in the Senate. Today, it is rible wrong—the Senate’s repeated fail- punish those responsible, Congress time for atonement—and for a belated ure to adopt anti-lynching legislation. tried on over 200 occasions to pass apology on behalf of the United States This legislation is long, long overdue. I antilynching legislation but on each Senate. join my colleagues in offering this res- occasion it came to the Senate floor, it My colleagues and I have drafted this olution as a way of saying how pro- was defeated. resolution to apologize for the past foundly sorry we are that the Senate While we can never adequately ex- mistakes of this governing body. This did not act decades earlier—when ac- press the deep sympathy and regret in terrible crime was a widespread phe- tion might have saved lives. We also re- our hearts, I am hopeful this long over- nomenon in the late 19th century and commit ourselves to ensuring that this due acknowledgment and apology throughout the first half of the 20 cen- will never happen again.

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12285 The horrific practice of lynching is a our Nation great. This museum docu- opportunity to remind ourselves that stain on our Nation—and on our souls. ments the courageous journeys toward the United States of America is a work There were over 4,700 documented freedom and self-determination for Af- in progress. Ours is the story of a peo- lynchings in the United States. There rican Americans in Maryland and in ple establishing high ideals, and then were 29 documented lynchings in Mary- America. Yet history must also ac- struggling to reach them, often falling land. These lynchings were public knowledge this dark side of our his- short, rarely achieving them, but al- events, with members of the commu- tory. We must educate the next genera- ways recommitting ourselves to trying nity colluding—either directly or indi- tions about the proud history, and again. This is why we continue to say rectly—in this horrifying practice. It mighty struggle that African Ameri- that anything is possible in America, was no accident that they made them cans have endured in the United that no child shall be left behind, and public—they were sending a message to States. that we will pay any price to defend other African Americans in the com- Today, this resolution stands as a freedom, although we well know that munity. These crimes left thousands of painful reminder of that history. Yet it we will never quite reach such lofty people dead and families and commu- should also stand as a guiding prin- ideals. nities scarred. Yet 99 percent of these ciple—that we must always fight to Perhaps the most ambitious of our murderers were never arrested or tried protect the rights of all Americans. goals is the proposition, expressed in for their crimes. This resolution acknowledges that the the Declaration of Independence, that For many in Maryland, the history of Senate was wrong when it failed to ‘‘all Men are created equal, that they lynchings is not an abstraction—it is enact anti-lynching laws. But it also are endowed by their Creator with cer- the history of their family or their empowers us to move forward to do all tain inalienable Rights, that among community. The Washington Post re- that we can to strengthen opportunity these are Life, Liberty, and the Pursuit ported about a 1906 lynching in Annap- for all Americans, to fight discrimina- of Happiness. . . . .’’ Our most con- spicuous failure to reach this goal is olis, where Henry Davis was lynched on tion in every form and to ensure that the treatment of African Americans. a bluff near College Creek just days be- we vigorously protect the rights of all Slavery, lynching, and segregation are fore Christmas. There was George Americans. all disgraceful examples of times when Armwood, who was lynched and burned Mr. ALEXANDER. Mr. President, this Nation failed African Americans, by a mob in Princess Anne’s County, this past February, I introduced the when we failed to live up to our own and King Davis—who was lynched in resolution celebrating Black History promise of that fundamental truth that Brooklyn, MD on Christmas Day in Month that follows these remarks. all men are created equal. Thirty five other Senators have joined 1911. Many institutions throughout the However, for almost every time that Nation have tried to document the ex- me in this effort. I offered this resolu- we have failed, we have then struggled tent of this racial violence—but so tion in the spirit of my late friend Alex to come to terms with the disappoint- many incidents went unreported that Haley, who lived his life by the words ment of that failure and recommitted we will never have a true account of ‘‘Find the Good and Praise It’’. These ourselves to trying again. Where there how many African Americans were six words are etched on his tombstone once was slavery, we enacted the 13th murdered. in the front yard of his grandparents’ and 14th amendments abolishing slav- Billie Holiday, a Baltimore native, home in Henning, TN. When Alex was a ery and declaring equal protection tried to capture the despicable practice boy, he would sit on the front porch under the law for all races. After seg- of lynching in her 1939 song ‘‘Strange steps of that home on summer evenings regation, came Brown v. Board of Edu- Fruit.’’ Her career suffered because of listening to his great aunts rock in cation and the Voting Rights Act. the painful honesty of this song. Her their chairs and tell the stories that There are so many moments like these record label refused to record it, and eventually became Roots, the story of in our history. We should celebrate some of her concerts were cancelled. the struggle for freedom and equality. these moments, but we should not stop Yet Holiday’s perseverance turned It is in that spirit that the Black His- there. We celebrate and remember our ‘‘Strange Fruit’’ into one of the ‘‘most tory Month resolution honors the con- history so that we can learn its lessons influential protest songs ever written’’ tributions of African Americans and apply them today. Today’s wrongs and an inspiration for those fighting throughout our history, recommits the are begging for attention. African for racial justice. United States Senate to the goals of Americans in this country face signifi- The Senate tried several times to put liberty and equal opportunity for every cant and often crippling disparities in an end to this monstrous practice by American, condemns the horrors of education, health care, quality of life, outlawing it, but each time the meas- slavery, lynching, segregation, and and other areas where the Federal Gov- ure died. This is a horrific failure that other instances in which our country ernment can play a role. cost American lives. This failure will has failed to measure up to its noble There are different ways to acknowl- always be a scar on the record of the goals, and pledges to work to improve edge those times when Americans have United States Senate. educational, health, and job opportuni- failed to live up to our lofty goals. The Today we apologize for this tragedy, ties for African Americans and for all Senators from Louisiana and Virginia, though no action now can right this Americans. who are also co-sponsors of our Black wrong. Although we acknowledge this African Americans were brought History Month resolution, have chosen dark side of our history, we cannot and forcibly to these shores in the 17th cen- to apologize for the actions of some should not want to erase it. We must tury. From that dark beginning, how- earlier Senators as a way of expressing ensure that it serves as a lesson about ever, these men and women and their their revulsion to lynching. I also con- a time when we failed to protect indi- descendants have overcome great ob- demn lynching, and this Black History vidual rights and preserve freedom. stacles. They continue to do so, and Month resolution condemns lynching. This legislation is important to rec- have taken a prominent place among But, rather than begin to catalog and ognizing the evil of lynching and the the many people of diverse back- apologize for all those times that some failure of government to protect its grounds who have come together here Americans have failed to reach our citizens. It also stands as a symbol of to form a single nation. African Ameri- goals, I prefer to look ahead. I prefer to our commitment to move our Nation cans have made and continue to make look to correct current injustices rath- forward so we can truly be a symbol of significant contributions to the eco- er than to look to the past. Maya democracy. nomic, educational, political, artistic, Angelou once wrote, ‘‘History, despite Next week in Baltimore, we will open literary, scientific, and technological its wrenching pain, cannot be unlived, the Reginald Lewis Museum of African advancement of the United States of but if faced with courage, need not be American History and Culture. It will America. lived again.’’ be a proud day—the celebration of a Black History Month, and this dis- There is no resolution of apology strong and proud history that has made cussion in the Senate today, offer an that we can pass today that will teach

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12286 CONGRESSIONAL RECORD—SENATE June 13, 2005 one more child to read, prevent one cerity to the thousands of victims of descendants into this Chamber in 1938 more case of AIDS, or stop one more lynching and to their descendants. It to urge the Senate, hopefully by their violent crime. The best way for the was, as was stated most eloquently and presence, to act—men and women who United States Senate to condemn passionately on this floor, a very dark came with their own being, their own lynching is to get to work on legisla- chapter, indeed, in American history, bodies to try to tell the Senate what tion that would offer African Ameri- but a real mark against this Senate you are reading about isn’t true; these cans and other Americans better access that, despite the repeated pleas of the are innocent people. Eleanor Roosevelt to good schools, quality health care victims and their families, thousands escorted them to this Chamber and, of and decent jobs. By joining together in of Americans, the House of Representa- course, through all of their mighty ef- our Black History Month resolution, 35 tives, and seven Presidents, of both forts, actions were not taken, but not members of this body commit our- parties, the Senate failed to act. through any fault of hers. What I want selves to do just that, to find more Tonight the Senate has admitted its to quote is what she wrote about uni- ways to look to the future, and to con- mistake and has taken a very positive versal human rights. I read this as a tinue to contribute to this work in step in admitting failure so that we young legislator. Of course, we read progress that is the United States of can have a brighter future. I know that lots of things, and some things stick America. many of these victims and their fami- and some don’t. This particular quote I don’t know what my friend Alex lies—‘‘survivors’’ is really a better is seared into my heart. I try to re- Haley would say about this Senate res- word—have triumphed against this member it every chance I get. I read it olution or that Senate resolution. But evil. Many were African Americans, often, and I would like to read it to- I do know how he celebrated Black His- but they were people of all different night because it is very relevant to the tory Month. He told wonderful stories races and religious backgrounds. Many debate that we have had. She wrote: about African Americans and other of them were here tonight and have Where, after all, do universal human rights Americans who believed in the struggle been with us all day today. begin? In small places, close to home—so I know their names are part of the for freedom and the struggle for equal- close and so small they cannot be seen on record, but again they were James any maps of the world. Yet they are the ity; he minced no words in describing Cameron, 91 years old, a victim of world of the individual person, the neighbor- the terrible injustices they overcame. lynching who miraculously survived to hood he lives in, the school or college he at- He said to children that they were liv- tell his story; Doria Johnson, the tends, the factory, farm, or office where he ing in a wonderful country of great works. Such are the places where every man, great-granddaughter of Anthony goals, and that while many in the past woman, and child seeks equal justice, equal Crawford—Grandpa Crawford, as he has opportunity, equal dignity without discrimi- often had failed to reach those goals, been called—from Abbeville, SC—what that we Americans always recommit nation. Unless these rights have meaning a story that family has to tell. Dan there, they have little meaning anywhere. ourselves to keep trying. Distel, the great-grandson of Ida Wells. Without concerted citizen action to uphold Mr. CORNYN. Mr. President, I wish What a brave and historic journalist them close at home, we shall look for them to associate myself with the articulate she was. In the face of literally con- in vain in the larger world. and poignant remarks of the junior stant threats to her life, she continued We have heard stories today—hun- Senator from Tennessee. He is abso- to write. What a role model for journal- dreds of stories about these small lutely right, of course, that the era of ists everywhere of the courage of what places close to home—trees in a public widespread lynching in our nation’s it really takes to tell a story. And she square, river banks, levees, streets, history is deplorable. And he is right did it. alleys, open fields, behind school build- that we must look to the future, to en- We had many other family members ings, and in front of stores. This is sure that such crimes are never again and history professors with us today. where people want to experience dig- allowed to occur. There was a tremendous effort that en- nity and justice. Some of these towns There are different ways to acknowl- abled us to get to the floor tonight. As are so little they may still not be on edge those times when Americans have I wrap up, I want to again thank the any map of the United States. Maybe failed to achieve the goals we have set staff. I thank my staff, including Jason in some of these towns—because of for ourselves. The Senator from Ten- Matthews, my deputy chief of staff; what happened in the past—there are nessee quotes Maya Angelou, who once Kathleen Strottman, legislative direc- very few people who live there. And wrote, ‘‘History, despite its wrenching tor; Nash Molpus, who is with me on some of these places are quite large, pain, cannot be unlived, but if faced the floor. Our staff has been very help- where you can find them on the map. I with courage, need not be lived again.’’ ful. Senator ALLEN’s staff has also been think it is instructive for the Senate, Indeed, let us learn from the past, and remarkable and so many have contrib- as we make this sincere apology to- look forward with such courage. uted to this effort. night, that we really take a breath and The PRESIDING OFFICER (Mr. ISAK- I had many quotes to choose from, be very introspective to think about SON). The Senator from Arkansas. Mr. President, to end tonight. Really, where these small places are in Amer- Mr. PRYOR. Mr. President, I know there were hundreds of them that ica, where these places of any size are we have other Senators on their way to would be appropriate. But one was es- in America, and recommit ourselves to the Chamber to speak. pecially appropriate, for the close of be honest about our failings and our I suggest the absence of a quorum. this debate because, while it ends one shortcomings, to be honest about the The PRESIDING OFFICER. The chapter, it begins many new chapters fact that we are not always as coura- clerk will call the roll. in the history of our Nation. The geous as we should be. The legislative clerk proceeded to woman I will quote from is one I have But when we come to a point where call the roll. admired my whole life. I have read we know we made the wrong decision, Ms. LANDRIEU. Mr. President, I ask much about her and have been taught a we didn’t act in the best interests of unanimous consent that the order for lot about her. I will read this quote our country or the American citizens the quorum call be rescinded. from this particular woman because it who look to us for their protection and The PRESIDING OFFICER. Without took guts to say what she did, at a their support, we should at least be objection, it is so ordered. time when people in America didn’t able to sincerely say we are sorry. That Ms. LANDRIEU. Mr. President, I am want to hear it. This came at a time is what we did tonight. I thank Eleanor here tonight on behalf of my colleague when people didn’t want to hear what Roosevelt. I am forever grateful for her from Virginia, Senator ALLEN, and all women had to say, generally, about great leadership for the country and of our colleagues who participated in any subject, let alone the subject of in- for thousands of Americans, people of the debate to close out this evening on justice and intolerance not only in our all races, who advocated for justice and this very important and historic reso- Nation but the world. freedom at great expense to their own lution, S. Res. 39, which has apologized The woman I will quote is Eleanor life—which is not what most of us ex- formally, officially, and with great sin- Roosevelt, who actually led a group of perience today, gratefully—with great

VerDate Sep 11 2014 10:11 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR13JN05.DAT BR13JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 13, 2005 CONGRESSIONAL RECORD—SENATE 12287 expense to their reputation, their live- In light of the age and health of our should nominate to succeed Justice lihood. She was really not understood Supreme Court justices, speculation is Oliver Wendell Holmes. According to or appreciated in the world in which accelerating about the potential for a historical reports, as has been con- she lived. Supreme Court vacancy this summer. firmed by Republican Senators, Sen- There were many children in the Sen- In advance of any such vacancy, I have ator Borah counseled the President to ate today, these children and great, called upon the President to follow the select Benjamin Cardozo from his list great, great-grandchildren. Some of the constructive and successful examples of potential nominees. victims and some of the journalists set by previous Presidents of both par- Bipartisan consultation would not who have written about this in the past ties who engaged in meaningful con- only make any Supreme Court selec- were here. Let’s make sure they know sultation with Members of the Senate tion a better one, it would also reas- the truth and they know that tonight before selecting a nominee. This deci- sure the Senate and the American peo- we apologize. sion is too important to all Americans ple that the process of selecting a Su- Thank you, Mr. President. to be unnecessarily embroiled in par- preme Court justice has not become po- Mr. BENNETT. Mr. President, I have tisan politics. liticized. listened with great interest to the pres- I said again last week that should a Recently, a bipartisan group of 14 entations that have been made on the vacancy arise, I stand ready to work Senators joined together to avert an floor and wish to be associated with with President Bush to help him select unnecessary showdown in the Senate the sentiments involved. a nominee to the Supreme Court who over the effort to invoke the ‘‘nuclear I come from a State that does not can unite Americans. I have urged con- option.’’ That would have changed 200 have a history of lynchings, but that sultation and cooperation for 4 years years of Senate tradition and the pro- does not mean I should be absolved and have reached out, again, over the tection of minority rights. In their from the concern that all Americans last several months to this President. I agreement the bipartisan coalition say should have over the lynchings that hope that if a vacancy does arise he the following: have occurred. I note that it was the will finally turn away from his past We believe that, under Article II, Section filibuster that made it possible for the practices, consult with us and work 2, of the United States Constitution, the Senate to be the body that blocked this with us. word ‘‘Advice’’ speaks to consultation be- Some Presidents, including most re- tween the Senate and the President with re- legislation in the past. I would hope gard to the use of the President’s power to that in the future, we would all realize cently President Clinton, found con- make nominations. We encourage the Execu- that the filibuster should be used for sultation with the Senate in advance of tive branch of government to consult with more beneficial purposes than that. a nomination most beneficial in help- members of the Senate, both Democratic and f ing lay the foundation for successful Republican, prior to submitting a judicial nominations. President Reagan, on the nomination to the Senate for consideration. MORNING BUSINESS other hand, disregarded the advice of- Such a return to the early practices of our Mr. BENNETT. Mr. President, I ask fered by Senate Democratic leaders government may well serve to reduce the unanimous consent that there now be a rancor that unfortunately accompanies the and chose a controversial, divisive advice and consent process in the Senate. period of morning business with Sen- nominee who was ultimately rejected We firmly believe this agreement is con- ators permitted to speak for up to 10 by the full Senate. sistent with the traditions of the United minutes each. In his recent book, ‘‘Square Peg,’’ States Senate that we as Senators seek to The PRESIDING OFFICER. Without Senator HATCH recounts how in 1993, as uphold. objection, it is so ordered. the ranking minority member of the I agree. Bipartisan consultation is f Senate Judiciary Committee, he ad- consistent with the traditions of the vised President Clinton about possible Senate and would return us to prac- IMPORTANCE OF CONSULTATION Supreme Court nominees. In his book, tices that have served the country ON JUDICIAL NOMINATIONS Senator HATCH wrote that he warned well. They are right to urge greater Mr. LEAHY. Mr. President, I spoke President Clinton away from a nomi- consultation on judicial nominations. on the Senate floor last week about the nee whose confirmation he believed In that regard, I was pleased to see benefits to all if the President were to ‘‘would not be easy.’’ Senator HATCH the President respond to a question at consult with Members of the Senate goes on to describe how he suggested a news conference 2 weeks ago by from both sides of the aisle on impor- the names of Stephen Breyer and Ruth agreeing to consult with the Senate tant judicial nominations. I return Bader Ginsburg, both of whom were about his nomination should a vacancy today to emphasize again the signifi- eventually nominated and confirmed arise on the Supreme Court. I see that cance of meaningful consultation on ‘‘with relative ease.’’ Indeed, 96 Sen- as a positive development. More trou- these nominations because it bears re- ators voted in favor of Justice Gins- bling are reports that the White House peating given what is at stake for the burg’s confirmation, and only 3 Sen- plan does not include meaningful con- Senate, the judiciary and this country. ators voted against; Justice Breyer re- sultation at all, but a ‘‘war room’’ and In a few more days the United States ceived 87 affirmative votes, and only 9 some sort of preemptive contact to Supreme Court will complete its term. Senators voted against. allow them to pretend they consulted Last year the chief justice noted pub- The Constitution provides that the without anything akin to the kind of licly that at the age of 80, one thinks President ‘‘shall nominate, and by and meaningful consultation this impor- about retirement. I get to see the chief with the Advice and Consent of the tant matter deserves. If the White from time to time in connection with Senate, shall appoint’’ judges. For ad- House intends to follow that type of his work for the Judicial Conference vice to be meaningful it needs to be in- plan, it would be most unfortunate, un- and the Smithsonian Institution. formed and shared among those pro- wise and counterproductive. Sometimes we see each other in viding it. Though the landscape ahead is sown Vermont or en route there, and I am Those recent examples are not the with the potential for controversy and struck every time by his commitment. only examples of effective and mean- contention should a vacancy arise on I marvel at him. I think that his par- ingful consultation with the Senate. the Supreme Court, confrontation is ticipation at the inauguration earlier According to historians, almost 150 unnecessary. Consensus should be our this year sent a powerful positive mes- years ago, in 1869, President Grant ap- mutual goal. I would hope that the sage to the country. I know that the pointed Edwin Stanton to the Supreme President’s objective will not be to chief justice will retire when he decides Court in response to a petition from a send the Senate nominees so polarizing that he should, not before. He has majority of the Senate and the House. that their confirmations are eked out earned that right. I have great respect More than 70 years ago, in 1932, Presi- in narrow margins. This would come at and affection for him and he is in our dent Hoover consulted with Senator a steep and gratuitous price that the prayers. William E. Borah regarding who he entire Nation would have to pay in

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